Chapter VII: Part 7

This communication from the City Clerk of Mobile is valuable in more points than one. In another place he states that there is in his office on file an affidavit from Shoemake relative to the prosecution. The nature and subject of this affidavit was not inserted in the Clerk’s communication. Why this affidavit of Shoemake’s as one of the prosecutors, and none to be found from any of the other three prosecutors, is a profound mystery. Again, affidavits before Grand Juries, in connection with prosecution for libel, surpasses ordinary comprehension. The missing of so many papers, and the derangement of all others, might be charged to the neglect or carelessness of the custodian, the then Clerk, but how can the legerdemain disappearance of Shoemake’s name from the trial docket be accounted for? No reasons—no cause for the same can be found! The present Clerk is bewildered, and can give no explanation on the matter. Such being the case, is it not reasonable to presume that the leaders of the prosecution then controlled the files and records of the office to suit convenience? Prosecution foul in the commencement needs props, subterfuges and mystery in every stage of progress.

But the most impenetrable darkness of all is, Shoemake’s name being found on the trial docket as one of the prosecuting parties. The order in which they stand on the docket is cases number 61, 62, 63 and 64, corresponding with which the prosecutors are G. Y. Overall, C. F. Moulton, G. A. Cleaveland and S. S. Shoemake; and in agreement with the same, four appearance bonds are found. The question now for solution is, did Shoemake really get a bill from the Grand Jury of Mobile at the November term, 1858, along with the other three? The files and records show that he did. Now let it be borne in mind that this man was the agent to bear the requisition from the Governor of Alabama to the Governor of Mississippi for the arrest of J. R. S. Pitts. Let it also be borne in mind that J. R. S. Pitts is positively certain that he never gave any bond to cover the case of Shoemake—only three, Overall, Moulton and Cleaveland’s; and that before receiving the Clerk’s communication, he never knew that Shoemake was one of the docketed prosecutors; but he did learn during the time of his trial, that Shoemake tried to get a bill in the February term, 1859, and signally failed. Choose either end of the dilemma and the difficulty is not at all obviated. If he did get a bill, the rascality is equally manifest. To go to Mobile, Ala., to prosecute while he was a resident of Mississippi, and J. R. S. Pitts also a resident of this State, is utterly incomprehensible in any other light than a flagrant outrage on every principle of law and justice. If he did not get a bill, the files and records show forgery of the darkest hues. So, then, from whatever stand-point the whole affair is viewed, atrocity and corruption of the most aggravated character stare the impartial inquirer in the face from every direction.

As before seen, the trial opened on the 23d of February, 1859. The indictments were for libel in three cases as the defendant understood the same. The prosecutors, first, G. Y. Overall; second, C. F. Moulton, and the third, G. A. Cleveland. As it had been previously arranged by them on the State docket, the defendant had first to answer the charge of G. Y. Overall. Had he been placed the last on the docket, the prosecution would have, in all probability, signally failed in every case; and even this first case, with all the deep-laid designs in connection, would have been a failure but for the extraordinary resources for the forcing of a verdict by foul means.

The design here contemplated is only to give a brief abstract of the more momentous features of the trial, because the whole given, would be inopportune in a condensed work of this nature.

SHOEMAKE AND B. TAYLOR IN COURT.

As before noticed in another part of this work, S. S. Shoemake will again be introduced as playing a very conspicuous part, not only on trial, but also before the Grand Jury, which was organized for the then present term of the City Court.

Notwithstanding the “records” to the contrary, the following information was given to the defendant, at the time of his trial, by one of the jurors himself. Shoemake, although an old resident of Mississippi, the defendant also a resident of the same State, and the work complained of published in New Orleans, Louisiana, yet he, with audacity enough, went before the said Grand Jury to get another bill for libel in favor of himself and against the defendant, but was sadly disappointed. This Grand Jury had had more time for thought and reflection than the preceding one, and peremptorily refused his application. Had he been unjustly injured, his redress would have been from the juries of Mississippi; but he had penetration enough not to make any efforts of this nature in Mississippi, well knowing that his character was too well-known here to succeed in making juries subservient to his dark purposes of crime and dissimulation.

On the day of trial, the counsel for the defence availed himself of the earliest opportunity to make application for further time, on the grounds of absence of material testimony, but without the desired effect; the Court over-ruled the application, and both sides were ordered to proceed to trial instanter.

While the Sheriff of this court was calling in witnesses for the prosecution, the name of Bentonville Taylor was particularly noticed by the defendant. This man, as was afterward learnt, had been conveyed by the clan from Williamsburg, Mississippi, and appeared quite unexpected on the part of the defence. His knowledge about the case then pending, could have been but very little or nothing at all, and was evident to all who were more conversant with the facts, that his presence there was not in behalf of justice, but for sordid objects of pecuniary gain.

The first witness brought to the stand by the prosecution was S. S. Shoemake. He came up with an air of boldness and majesty not easily described. Calm, deliberate, and with an external appearance of the perfect gentleman, he gave his testimony with elegance and beauty of language, almost sufficient “to deceive the very elect.” His testimony, such as it was, was pretty much confined to a pretended conversation betwixt the defendant and himself during the journey together while under circumstances of arrest; to the effect that the defendant had confessed to him that the names given in the life of Copeland, were not at all reliable, and that the authenticity of the work was entirely valueless. This pretended conversation was wholly a concocted fabrication of his own to serve the ends of the prosecution. But the character of this man in a few more minutes elicited, will satisfy the reader as to what amount of credit his testimony was worth.

His then uninterrupted evidence being given, the next ordeal was his cross-examination by the counsel for the defence. The envelope alone, which at first contained the John R. Garland letter, was handed to him with this question asked: “Did you address this envelope?” After looking at it for a while he answered: “I believe this to be my hand-writing.” He was next asked if he had at any previous time addressed a letter or communication of any sort to the Sheriff of Perry county, Mississippi. He answered that he had no recollection whatever of addressing a letter to the Sheriff of Perry county, Mississippi, who was then seated at the bar before the Court. The John R. Garland letter itself was next handed to him, with the request to state to the Court and Jury if he was the writer of said letter, which had been written and mailed at DeKalb, Mississippi. Here Shoemake hesitated and faltered considerably; and, in a moment, seemed to be fully conscious of the complete wreck before him. A transition so sudden from the heights of promising success to the most forlorn and abject condition of reverse, was too much for him to surmount. In this instance, he manifested a great reluctance to, or desire to evade giving a direct answer, but being forced by the Court to give a definite reply, he answered at last with emphatic words that he was not the writer or author of the John R. Garland letter. Now, for the succeeding and successful conflicting testimony.

The witnesses who had been previously summoned, were now called forth to testify to the hand-writing of the John R. Garland letter, as well as to the general character of S. S. Shoemake, as to whether or not his being a man of truth and veracity. After examining the letter, several of them expressed, according to the best of their knowledge, that the hand-writing was S. S. Shoemake’s; and also, from his general character, they could not believe him on oath. But another witness called for and introduced, Cornelius McLamore, gave still stronger and more decisive testimony. No man could have had greater facilities for thoroughly understanding all about Shoemake than Cornelius McLamore. He, without any doubt whatever declared the hand-writing to be, undoubtedly, S. S. Shoemake’s, and that he for another could not believe him on oath.

M’LAMORE FELL A VICTIM TO THE VENGEANCE OF THE CLAN.

This is the same gentleman treated of in another place, who so mysteriously disappeared the evening after the trial, and, from that time to the present, has never more been heard of. Whatever fate he met with, no one has ever been able to tell; but from all the circumstances connected, it must be almost certain to the thinking mind of all that he was cruelly murdered by the conspiring clan, who had so long maintained a sad career of blood and revenge, with all the practiced modes of concealment.

The following is an extract from a letter dated DeKalb, May 21st, 1871, written by a prominent gentleman and ex-Sheriff of the county in which the town of DeKalb is situated:

“There has never been any person living in the county by the name of John R. Garland. Mr. McLamore has never been heard of since the time he was a witness in your case, during the month of February or March, 1859.”

Two powerful motives predominated for the termination of his existence. The first, the unrelenting revenge for the crushing defeat he gave to others, and particularly to Shoemake while on the witness-stand. And secondly, to prevent an indictment for perjury against Shoemake; for it will be remembered that he swore positively to the hand writing of Shoemake, who had immediately before denied the same on oath in open court. These two considerations, together with having just sold his cotton, the money for which he had then in his possession, will account for his presumptive murder. No one could better understand the hand writing of Shoemake than Cornelius McLamore, for, as the defendant has been authoritatively informed, the former was during some time book-keeping for the latter.

G. Y. OVERALL PROVES AN ALIBI

Shoemake, the first witness for the prosecution, had made such a wretched failure that no efforts were made to bring in the other witness from Mississippi of the same character, Bentonville Taylor. The prosecution next introduced two witnesses from Columbus, Miss., and one by the name of G. W. Overall, all to prove an alibi, and that G. Y. Overall was positively residing in another place at the time referred to in Copeland’s confessions. This testimony was satisfactory and unobjectionable; but, as will be shown in further progress of the trial, did not in reality invalidate the confessions in any material point whatever.

The examination and cross examination of the different witnesses, with the arguments of the opposing counsel, occupied the Court for about two days; and had G. Y. Overall’s object been nothing further than the establishing of his own innocence, he might have succeeded commensurate with his own unbounded desire; but what was he doing associated with such men as S. S. Shoemake and Bentonville Taylor? The complete unmasking of the infamous conduct of the former was anything but auspicious for the prosecution, and left a very unfavorable impression on all who heard the proceedings as to the character of the prosecution.

THE ARGUMENTS FROM BOTH SIDES.

The closing of the testimony was immediately followed by the opening arguments of the solicitor for the prosecution, which continued for a considerable length of time. Next the argument of Hon. Percy Walker, for the defense, which occupied a period of two hours and a half in delivery. Distinguished as he had heretofore been on all occasions, this, as was said by his friends, was one of the greatest and happiest efforts he ever made. At the time the court-room was crowded almost to suffocation, and outside of it thousands were congregated to catch the utterances from his flowing lips. His withering torrents against Shoemake electrified the court; but his main argument went to show that G. Y. Overall had no right to prosecute in the name of G. Overall, and that it was another person referred to in Copeland’s confessions.

The prosecution replied; and now the arguments from both sides being finished, the written notes from each, together with instructions from the Court were furnished to the jury, and it forthwith retired to its room for the purpose of trying to agree on a verdict. But it was soon ascertained that there was a very strong probability of it not coming to any agreement at all. After retirement for about twenty-four hours without any harmonious result, it reported to the Court the almost certainty of not being able to render any verdict on the case pending before it.

THE COURT AND THE JURY.

Upon the reception of said report, the Judge made some changes in his former charges to the effect that if doubt existed, the Jury must give the defendant the benefit of such doubt; further adding, that he should not discharge until the rendering of its verdict; and at once ordered it to retire again, with additional information that if it required any explanation on any points of law involved in the case before it, to report accordingly to the Court, and it would give the proper instructions sought for. After the Jury had remained some day or two longer in retirement, the Court ordered it to report, on the arrival of which, the Court desired to know the points of disagreement. In answer, one of the jurors, W. L. Young, rose and respectfully addressed the Court, stating that a majority of the Jury entertained doubts; and as for himself, he had conscientious scruples as to the propriety of confounding G. Overall and G. Y. Overall together; while, at the same time, the principal part of the Jury did not believe that when Copeland gave the name that he intended it for G. Y. Overall, and that the latter had no proper authority for accepting the name of G. Overall, as published in the confessions. The presiding Judge appeared to be well pleased with the manly and intelligent conduct of the young gentleman, but informed him at the same time that the Jury must be governed according to the law and evidence before it. To this declaration, Mr. Young made the following reply: “Please your Honor, and suppose we do not believe the evidence in the case before us.” This ready, but profound reply excited, to all appearance, a pleasant smile on the Judge’s countenance, and created no little sensation throughout the court-room among the legal fraternity, some of which were heard to exclaim—“a pretty good lawyer himself.” The Judge, feeling the weight of such an expression, did not attempt any further remarks in reply for this time.

TAMPERING WITH THE JURY.

The jury once more retired. The court kept furnishing fresh charges in opposition to the first given; the last of which was so pointedly as to declare in positive terms that according to the law and evidence it, the jury, was compelled to find a verdict for the prosecution! Six long days and nights had this jury remained in confinement. Worn out by it and with excessive loss of rest, together with no hope of immediate relief, as the judge had declared his intention to keep it in strict confinement for an indefinite period, unless a verdict could sooner be returned; all these miseries endured, and in prospect to be endured, forced the jury at last to a verdict against its better judgment by the understanding or impression artfully made that it would be better to get liberty by agreeing to a verdict with a small amount of fine in the way of damages for G. Y. Overall, but had not the most distant idea of any imprisonment resulting. But the judge better knew the law which invested him with power to imprison for six months, but in this instance he sentenced only for three months.

In addition to the torturing process resorted to for the purpose of forcing a verdict from the jury in its last hours of confinement, other shameful means were made use of by outsiders of a tampering nature—such as the conveyance of notes and packages in bottles to that part of the jury in favor of the prosecution—one end of the string tied to the bottle, and the other end, in the form of a ball, thrown through the window to be received by the parties intended. The nature of these notes and packages could only be conjectured—the recipients themselves holding the contents a perfect secret within their own little circles. This information was conveyed to the defendant by eye-witnesses and part of the jury.

SYMPATHY AND REGRET AS EXPRESSED BY SEVERAL JURORS.

After the sentence was announced, Dr. Bevell and others, who formed a part of the jury, openly declared that if they had been aware of the fact that the judge had the power to imprison, suffering as they were, never would they have consented to a verdict in favor of the prosecution. Another distinguished juror, W. L. Young, on the case, on seeing the defendant coming from the court-room, met him with all the warmth of genuine friendship and the most sincere of emotion, sympathy, and contrition, which will be best understood in his own words: “My dear sir, my feelings are deeply wounded, and I feel as though I have committed a very great wrong in giving consent against my better judgment—a wrong even to fine you so much as one single cent, and were the case to be done over again, with the light now before me, I would most assuredly act quite differently, for I now see my great error, though my greatest grief is that this lesson was taught too late to be of any service to you in your present humiliated situation.” The reply was suitable, and in these words: “Permit me, sir, to acknowledge your truly sympathetic manifestations with all the welcomeness and gratitude which are possible to be expressed; and also to further express to you that notwithstanding this heavy stroke of adversity, I will endeavor to bear the same with philosophical fortitude, under the strengthening conviction that this is the most memorable epoch of life, and in spite of malignant persecution, justice will afterwards be done, and time will bring forth its appropriate reward.”

FAILURE OF PETITION—RECEIVES THE KINDEST TREATMENT WHILE IN PRISON.

Immediately after the sentence, the citizens of Mobile prepared and sent a petition to His Excellency, Governor Moore, of the State of Alabama, containing the signatures of over six hundred of the best citizens of Mobile, praying for the release of the defendant, but the Governor declined to grant the request because the petition was not signed by the presiding judge.

But the sheriff of the city, Hon. James T. Shelton, must not be overlooked. His conduct in behalf of the defendant was noble and magnanimous in the extreme. All that one man could do to alleviate the rust and monotony of confinement, was gracefully and cheerfully done by him. His friendship—his whole-souled treatment reached to an extent not to be surpassed by any. Hospitalities at his own mansion in profusion, a separate parlor well furnished with books of every description, and in everything else well fitted up in the utmost order of elegance and taste; no restraint whatever, beyond what the law required—having the whole limits, for exercise and recreation, of the prison boundaries; all such conveniences and comforts were freely and lavishly bestowed; and for which a lasting gratitude is due to the memory of the departed James T. Shelton.

Numerous other visitors, of both sexes, came to render all the comfort which humanity could afford. These visits were sincere, friendly, and consoling, indeed; in short, everything which could be done to remove dullness and make the time glide away agreeably, was done with cheerfulness and with truly natural fervor of heart. Time did not hang heavily; but passed away briefly—a time which can now be referred to with pride and satisfaction.

THE CLAN GROVELLINGLY PENETRATES PRIVATE TRANSACTIONS.

The defendant, at the time of his arrest, was engaged to be married on the 22d of March following, to Miss Julia Pauline Bowen, daughter of Rev. P. P. Bowen, of Ocean Springs, Miss., but having become entangled in severe law difficulties, the appointed time for the consummation of this engagement was, from necessity, indefinitely prolonged. During this time, and more especially while confined in prison, the fact of such engagement became generally known. Malicious propensities could not be gratified enough by what had already been done, and by the little persecution then enduring, but the baneful malignity even extended to private and domestic arrangements. Some one in Mobile, over the signature of Amogene Colfax, addressed quite a lengthy communication to Miss Bowen. This communication pretended to have emanated from a female friend, the real object of which was evidently to poison and prejudice the mind to an extent sufficient to mar the existing engagement, and finally to break up all further considerations of the matter with a view to bring on a reaction of public prejudice to take the place of public sympathy, which was then running in favor of the defendant. But few have any adequate conception of the heights and depths of infamy which the clan could reach for the accomplishment of its infernal designs. But in this instance all such designs proved signally abortive, as will be satisfactorily understood by reading Miss Bowen’s reply to a communication from the defendant while in prison.

It is very much to be regretted that the letter with the fictitious signature of Amogene Colfax has been misplaced or lost. Its appearance in this work would be valuable by the way of giving some idea of the clan’s complicated machinations; however, Miss Bowen’s reply will afford information enough to satisfy that she was far beyond the reach of influences which contemplated the ruin of both. Piety, firmness and devoted sincerity are conspicuous in every line of the reply. Let the reader now judge for himself:

MISS BOWEN’S LETTER.

OCEAN SPRINGS, MISS., March 16, 1859.

_J. R. S. Pitts, Esq., Mobile, Ala._:

ESTEEMED FRIEND—Happy indeed am I to have the pleasure of acknowledging the reception of your kind favor bearing date 12th instant, the contents of which are so consoling and interesting that I feel entirely inadequate to the task of making the properly deserving reply.

This is the first intelligence I have had from you by letter since I heard of the last unfortunate results of your trial. Ever since the reception of this sad news my mind has been a complete wreck. Both mental and physical strength have visibly declined under the pressure of contemplated burdens which you had to bear; but the relief which this, your last letter, has afforded is beyond the powers of description.

In the first stages every effort was made to conceal a wounded heart, but in vain; the countenance of sorrow was too plainly depicted to be mistaken by those around who are acquainted with former cheerfulness. Laboring under pungent affliction from the silent meditation of your melancholy situation, none but myself can have any correct idea of the internal struggles with which I was contending. Under such a compression of the vital powers, earthly scenes had no charms for me; but the wings of last night’s mail bore the glad tidings from you that all is well, leaving you comfortably situated and cared for in every respect, which affords me the most exquisite relief. From gloom and despair to joy and hope, the transition was rapid and sudden. The following from your pen affords a satisfaction which words are incapable of representing:

“You will please give yourself no uneasiness of mind so far as regards my comfort and well-being. My friends here have situated me as agreeably in every respect as I could possibly have desired. Perfectly composed and resigned myself, I want you to share the same, if possible, in a still higher degree.”

All of us, well knowing your entire innocence, deeply sympathize with you; and, as for my own part, this ordeal has only been a trial of my devotion—not knowing before the real depth of affection, which is now more strengthened and indelibly fixed on thee. _Fictitious signatures cannot avail, nor indeed any other cunningly devised schemes for the interruption of the peaceful concord which has so long been maintained between us._

Even a brief narration of little ordinary simplicities may sometimes be enjoyed by minds accustomed to higher ranges of thought, and which frequently soar to loftier spheres of the grander contemplations of nature’s wonderful works. Accordingly you will be disposed to pardon anything which you may here find apparently of a light and frivolous character.

There is nothing new in our village that could, I presume, be of interest to you, unless accounts of frequent marriages would have this effect. In affairs of this sort there has been almost an epidemic. We have had quite an inclement change in the weather for this season of the year. It is just now very cold, lowering, and quite unpleasant indeed; but the joyous cheerfulness manifested by the little birds indicate the early dawn of spring.

There is a charming lovely little mocking bird that makes frequent visits near my window—sings so sweetly, and seems to enjoy life with the utmost fulness of felicity, so much so that I am, in a doleful hour, sometimes inclined to envy the happiness which I cannot at all times share myself. Its warbling melodies echoing as they are wafted along on the zephyrs of the morning and renewed again toward the evening shades, sometimes excite peculiar reflections, which are very wrong to indulge in. I ought to be content with my lot, though it may seem rather hard, yet, perhaps, all for the best. The dispensations of Providence cannot be otherwise; and it is vain to repine against what we do not understand sufficiently. It is true my pathway has been interspersed with many difficulties and heart-rending trials from my earliest childhood; and they seem to still follow me up to the present day. But of what use to murmur? He who has blessed me with innumerable favors will do all things well. “He who has been with and comforted in the sixth trouble, will not forsake in the seventh.”

I fear you will think me enthusiastic on the subject of religion, but hope not. All written has been sincerely felt; and were it not for the comfort of religion hardly one happy moment would I enjoy. Oppressed and fatigued, I can go to Him who hath said, “Come unto me and find rest for your wearied soul.”

The family desire a united remembrance to you. Pardon error, and believe as ever,

Yours, etc., PAULINE.

DR. BEVELL’S LETTER TO MISS BOWDEN.

This is, perhaps, the proper place for the insertion of Dr. Bevell’s letter to Miss Bowen. It contains important matter of a public nature, which will again have to be referred to in the subsequent comments which are to follow. Let it be carefully read:

APRIL 12, 1859.

_Miss J. P. Bowen, Ocean Springs, Miss._:

Excuse me, an entire stranger to you, for the liberty and freedom I take in addressing you. Although, personally, we are unacquainted yet my sympathies are with you and your unfortunate intended. I formed his acquaintance in Augusta, Miss., while he was engaged in writing the confessions of Copeland—the cause of his present unjust imprisonment. Although he is in prison, and redeeming an unjust sentence, his friends have not deserted him, as is too often the case, but visit him regularly and inquire after his welfare with the greatest anxiety, and endeavor to administer to his every want and comfort. His friends, though numerous previous to his trial, have greatly increased in number since. We have made an effort to limit his imprisonment through the pardoning power of Governor Moore, by an article addressed to him in the shape of a petition, with about six hundred signatures of the most responsible citizens of Mobile; but in this we have failed, and, to my deepest regret, he will have to serve his time out.

We first drew up a petition to Judge McKinstry, signed by a respectable number of the jury, but hearing of his negative declarations on the street, we declined honoring him with the request.

Although we have failed in these efforts, the conduct of all the opposing clique strongly indicate to my mind that the principal stringent ruling is to gratify, and sustain, and retain political influence. The opposing party have by no means sustained itself to the world, notwithstanding the obtaining of a forced verdict and fine in the pitiful sum of fifty dollars, which the jurors are determined shall not come out of Colonel Pitts’ pocket. The Colonel has the sympathy of the principal citizens of Mobile; and, among that number, almost, if not quite, the entire portion of the gentler sex; and as long as he has those amiable creatures advocating his cause he is free from all censure and harm. He was extremely unfortunate in not being able to prove certain facts on his trial that have since almost revealed themselves. I think myself they have seriously regretted the past and present daily expositions. Colonel Pitts is as comfortably situated as possible under the circumstances. He has the entire liberty of the prison bounds, with no restraint whatever on his person or actions—sharing freely the hospitality of our inestimable Sheriff and family. He has an excellent little parlor, well fitted up for convenience and comfort.

I was one of the unfortunate jurors who tried the case, and from my observations prior to, and during the progress of the trial, in my humble opinion he met with strenuous ruling and injustice. Yet he bore all with that fortitude and patience that ever characterizes a truly good man; and, since his confinement, appears to be composed and resigned to his fate. This has had a tendency to influence a favorable impression in his behalf among the citizens of Mobile. His friends in Mississippi, who are very numerous, are very much incensed against the Court, and manifested their indignation by public declarations in their public newspapers. His greatest grief and mortification are in your behalf. He suffers more on your account than he does on his own. He has daily the fullest assurance and confirmation of the kindest feelings of our best people. And what more could he want? It is looked on as one of those misfortunes incident in life that sometimes cannot be avoided honorably, and the only chance is to brave the storm fearlessly until a more congenial sun will burst forth to his advantage, which will be better appreciated and enjoyed had he never been in prison. I do hope you have firmness and decision enough to fast adhere in adversity—spurning the advice of those who would attempt to prejudice you against him. Sympathizing with him under the clouds of misfortune, rejoicing with him in prosperity, and yet be happy together; and may you both live, not to exult, but witness the repentance of your enemies, is the desire of your well wisher.

Very respectfully, yours,
JOHN A. BEVELL.

Miss Bowen availed herself of the very earliest opportunity to acknowledge and to reply to this valuable communication, in which will be found some statements well worthy of record.

MISS BOWEN’S REPLY TO DR. BEVELL’S LETTER.

OCEAN SPRINGS, MISS., APRIL 16, 1859.

_Dr. John A. Bevell, Mobile, Ala._:

SIR:—I am in receipt of yours, bearing date 12th inst., and sensibly feel the loss of suitable language for a correct expression of what is due for your inestimable favor. It has been read with intense interest. It came at the opportune moment when most needed, and contains matter which to me is of the highest earthly treasure, and for which the ordinary returns of gratitude are but a faint expression of the true estimation entertained in my own mind.

To learn from one so competent to furnish correct information of the easy and comfortable situation of my much esteemed friend, Mr. P., is gratifying in the extreme. At first, imagination had drawn pictures too darkly of him being immured in solitary confinement where the cheering rays of solid friendship could not penetrate. How agreeably I have been disappointed. Your communication has completely dispelled for the future all such illusory apprehensions. Friends numerous, and sympathy not confined to narrow limits, with an abundant plenty of everything else calculated to alleviate the misfortunes of a temporary exile.

But allow me to confess to you that the recent trial, with its apparently sad results, has with me in no wise made the slightest change deleterious to the future interest and happiness of my friend. Previous to this memorable event in his life, with him I had pledged for an early approach to the hymeneal altar, and was fully satisfied then that he was, in every respect, worthy of such a pledge of confidence; and if his merit were deserving the same in that day, they are certainly, in my opinion, more so to day.

As yet I have not heard a single word uttered that does not fully justify Mr. P’s action in giving publicity to the history of Copeland. The public good of his country demanded such action from him. Bearing in mind such circumstances, I could not, with any degree of consistency, suffer myself for a moment to be biased or influenced by out-siders, and, more especially, by those who are violently antagonist against the author for doing that which ought to be received by the public generally as a great blessing to society.

You will please do me the kindness at your earliest convenience to inform Mr. P. not to suffer himself to be in the least troubled on my account, nor to entertain any doubt of my unswerving constancy. In this respect, perhaps I am endowed with as much stability as any, and as much as he can desire.

Although heretofore strangers, nevertheless, I hold to be much indebted for the warm interest you have taken in behalf of my friend, and indeed mutually so of both.

Very respectfully, etc.,
J. P. BOWEN.

From every creditable source, profuse attentions had entered through all avenues of the prison wall; and now the defendant’s time for which he had been sentenced was about to expire, preparations were immediately made to honor him with a “reception committee” to greet him from the narrow limits to the realms of liberty, where dwells the broad expanse of earth and sky. Confinement had not corroded the soul’s finer parts; and to show how devoid his mind was of every semblance of prejudice or malignity, a brief extract from his address delivered on that occasion when emerging from his sentence bounds, will be read with some degree of interest.

AN EXTRACT FROM THE SPEECH OF THE DEFENDANT BEFORE THE COMMITTEE.

“Gentlemen, at this proud moment, the breath of liberty is refreshing. From an incarceration so unjust, you welcome me back to freedom with as much joy as I can possibly experience myself at this instant of time. Rather as a very much persecuted individual than a criminal do you this day consider me. For this demonstration of your kindly sentiments, as well as on all other occasions, my gratitude is tendered in profusion. What is it that can not be endured while being surrounded with friends so devoted and sincere? The reception you have seen proper to give me, removes all doubts as to the manner I will be met by other circles of my fellow beings. Well do I know how hastily judgment is often pronounced without sufficiently discriminating betwixt guilt and innocence. This morning I leave the precincts of prison unconscious of any wrong by me committed, but, on the contrary, am strongly impressed with the convictions that I have materially served my country by giving publicity to the career of a band of men who, for years, held whole States in absolute terror. For this I have suffered, but do not repine, because _time_, the great friend of truth, must eventually triumph. From prison I come not forth burning with vindictive or revengeful feelings against any. Notwithstanding the wrongs endured, I have passed in my own heart an act of amnesty so far as private considerations are concerned, and whatever course may be marked out for the future, only the public good will, in this respect, afford me any interest for subsequent pursuit. To you, and to other large bodies of respectable citizens of Mobile, for petitioning the Governor for pardon, although a failure, yet equally do I return thanks for the best of intentions as though they had been perfectly successful.”

Immediately after his release, letters of condolence and congratulations, from distant parts, and almost from every direction poured in. One in particular from a friend in Gonzales, Texas, will also be read with more than ordinary interest. Its spirit and intention were to impel him forward to higher achievements of fame and utility.

A LETTER FROM A FRIEND IN TEXAS AFTER DEFENDANT’S RELEASE.

GONZALES, TEXAS, DEC. 30, 1859.

_Dr. J. R. S. Pitts, Medical College, Ala._:

“DEAR SIR:—In the sunshine of prosperity, friends will crowd around like bees on the honey-comb, but when the lowering clouds of adversity appear, there are but few who will not be found among the ranks of deserters, your case, however, forms an exception to the general rule. You have been favored by the benign and exhilarating influences of fortune; and you have also experienced the dark and bitter reverses with which humanity is so often saturated. At one time, she has thrown around you a joyous halo of felicity—at another time she has forsaken you with a treacherous inconstancy; but amid all her various phases of change which you have endured, the sympathy and good-will of every honest heart has beat high in your behalf. Your vile prosecutors succeeded by miserable subterfuges of law, which involved you in serious pecuniary embarrassments, and consigned you within the dreary walls of confinement, but time is now doing justice both to you and to them. You are mounting up into a brighter—a purer atmosphere of public estimation, while they are descending as rapidly into the dark abodes of eternal execration.

No one can feel more elated, or more disposed to congratulate you on anything pertaining to your interest, happiness, and success than myself; and certainly none more willing to contribute at every opportunity all within the power of one individual to your permanent gratification: how could it be otherwise? I have known you long; a chain of unbroken friendship has ever continued betwixt us; and more than all, I am proud in the contemplation that I have had some share in your early education.

Your attention is now directed towards the medical profession; and here I can express a few words of encouragement without acting derogatory to the principles of rectitude or sincerity; for if thinking otherwise, most certainly would I prefer the task of assisting at the risk of displeasing you.

The medical profession affords a fine scope for the developement of every faculty belonging to the human soul. Man, “the image of God,” is the most wonderful and complicated machine in the universe. Here is the noblest of all subjects—vast, boundless, and inexhaustible. Here is a theme on which the finest geniuses of the world have been engaged: a theme in connection with which the accumulation of intellectual wealth and constant progression have been marching onward with giant strides from the commencement of man’s mundane existence; yet but little hope—but little prospect of ever reaching perfection; hence the encouragement for onward acquisition for further triumphs of science.

Knowledge is valuable only in proportion to its applicability for preventing or alleviating the sufferings of humanity; then where is the avocation more adapted to better accord with this sentiment than the medical profession? Of course, I exclude all consideration in reference to the many quacks, empirics and murderers, who assume the medical garb without the least sign of internal qualification.

There is nothing in all the wide diversified forms of creation that can give you such lofty conceptions of the attributes of the Deity as the study of man: Life’s warm stream which ramifies and circulates in processes so wonderful; the numerous heterogeneous fluids which are secreted from it to answer all the astounding purposes of systematical economy with the nicest of all exactness; and all this by a “vital principle” which none can define, but which serves very well to represent our ignorance; the almost countless numbers of self-acting—self-propelling powers, with multitudes of valves, hinges, joints, all working in the grandest of earthly harmony; these are mechanical operations which belong to the Deity, and mock the proudest of all efforts in vain imitation. But what are these in comparison to the human mind—this noble prerogative of man? It is this which makes him the “lord of creation,” and draws the broad line of distinction betwixt himself and the lower order of creation. It is to this we are indebted for the manifold wheels, springs and levers which carry society along; in short the moral transactions of this revolving globe owe their origin and continuance to its agency. The science of medicine comprises a considerable knowledge of the whole. To understand any one business well, we must have much information on the relation of many. The study of causes and effects of physical phenomena, as well as the faculties, sentiments, and propensities of the human soul, are all within your province. But without enlarging, enough has been written to urge and animate you on in the work you have so well begun.”

The most remarkable action of any executive was that of the Governor of Mississippi in giving assistance to the “clan” in its expiring throes, whether intentionally or unintentionally, is not material now to enquire. From this action alone, but few are incapable of understanding, to some extent, the influence which wealth and distinction can exercise in cases, no matter how depraved they may be. This is only one instance from incalculable numbers which might be adduced where even the highest departments of State can be made subservient to vitiated purposes.

A LETTER TAKEN FROM THE “TRUE DEMOCRAT.”

The following was published in the _True Democrat_, from the pen of one of the ablest Judges in the eastern part of Mississippi, shortly after the liberation of the defendant:

MR. EDITOR—We heartily sympathize with J. R. S. Pitts, Sheriff of Perry county, and are deeply mortified at the yielding course of our Governor in rendering him up a prisoner in obedience to a requisition from the State of Alabama. We look on this whole affair as being preposterous in the extreme. To have the Sheriff of one of our counties forced to vacate his office, temporarily, and to be taken like a common felon, and carried to another State, and there be tried as a malefactor, and for what? Why, for simply writing and publishing the confessions of a notorious “land pirate,” one of a gang of banditti that has till recently been a terror to the whole country for a great many years. Such a course betrays a feebleness of nerve on the part of his Excellency perfectly unpardonable in the Executive.

The “Wages and Copeland Clan” have become as notorious in portions of Mississippi, Alabama, Louisiana and Texas, as was the pirate and robber, John A. Murrell, and his clan. It is well for Mr. Pitts that his friends volunteered to guard him and protect him until he reached the city of Mobile in safety.

Talk about rendering him up on a requisition that claimed him as a “fugitive from justice,” when the offence, if any, was committed in this State, when he was a citizen of Perry county, and Sheriff of the county at the time, and quietly at home discharging the duties of his office. “Oh! shame, where is thy blush?”

But we rejoice to learn that his prosecutors have failed to hurt him. They may have forced him to draw heavily on his purse to fee lawyers, pay tavern expenses, etc., but they have not hurt his character. He stands to-day proudly vindicated as a bold and efficient officer before an impartial and unprejudiced public. Mr. Pitts is too well known in Mississippi for the tongue of slander or the hand of the bitter persecutor to injure him seriously. He is a native of Georgia—“to the manner born.” He was reared and principally educated in Mississippi. And right in the county where he was principally raised, he was selected by a large majority of the citizens of the county to serve them and the State in the high and responsible office of Sheriff of the county; and that too when he had barely reached his majority of years. The intelligent citizens of Perry county elected him by their spontaneous suffrage solely on account of his great moral worth and his superior business qualifications.

The most amusing circumstance in the whole affair is, the report industriously circulated that Mr. Pitts did not write the book—that he is not scholar enough to write such a book. The report refutes itself by its own palpable absurdity. Everybody who is acquainted with Mr. Pitts knows that he is a fair English scholar, and a very good writer. The book is a valuable book; and it has done, and will do more to rid the country of the clan it exposes than even the killing and hanging has done.

Mr. Pitts may congratulate himself as having done more with his pen as an author than he did with the rope and gallows as Sheriff. Much more might be said in vindication of this persecuted gentleman, but this is deemed sufficient. Mr. Pitts is a young man, and will, if he lives many years, work out a character in high social position, and official position, too, if he seeks it. From his beginning, I predict for him a brilliant career in the future.

Very respectfully,
VINDEX.

THE CHARACTER OF THE PROSECUTOR.

The vile character of the prosecution is not yet sufficiently understood. There is yet more to be developed. Enough has already been brought to light to give some idea of Shoemake, one of the main witnesses in the struggle to crush truth. Earth was never trod by a more dangerous and despicable wretch than this. He was the embodiment of all that was mean, cruel, bloody and horrible. How much superior the other agent and intended witness, Bentonville Taylor is, the reader will judge for himself from the following authentic testimony.

The statement will be remembered in the commencing part of the proceedings of the trial that no ordinary amount of astonishment was experienced by the defendant when Bentonville Taylor was called into court as one of the principal witnesses for the prosecution. The defendant well knowing the character of this man, he lost no time for getting the most substantial of testimony touching his notorious reputation. This testimony has been held in reserve up to the present period for reasons which will be given presently.

In Shoemake’s evidence, the prosecution sustained such an overwhelming defeat that it refrained from calling up another of the same type for that time. As before stated, Bentonville Taylor was brought from Williamsburg, Covington county, Miss. The nature of his testimony, intended to be given in court, was immediately learned afterward by his card published in one of the Mobile newspapers. The substance of this card was to the effect that the names given in the confessions were forged by the defendant, and that Copeland himself was insane at the time he made the confessions, and the same entirely unworthy of any credit whatever either in public or private. It was thought at the time that Bentonville Taylor was to be used in the other two cases of Moulton and Cleaveland against the defendant to be afterward tried. This is one reason why the documents pertaining to Bentonville Taylor have so long been withheld. Another is, it is always painful, in the absence of imperative necessity, to make public such considerations as, under other circumstances, might be better enveloped in silence; but when charges of forgery have been made, and that the whole confessions are entirely unworthy of credit, then it becomes an absolute necessity to know something of the man who has had the audacity to make such charges.

First will be given some extracts from a letter which was intended for publication at the time, but on more mature thought was decided to be suppressed for the same reasons as just given. This letter is now in the hands of the defendant, the severer parts of which will still be suppressed for humanity’s sake:

“Who is this Bentonville Taylor, where did he come from, and what his character as established by himself? It seems he came to Ellisville, Jones county, Miss., about the time or shortly after Copeland was brought from the Alabama penitentiary to Mississippi to be tried for the murder of Harvey—pretending then to be a Yankee school master seeking employment—having with him a woman whom he introduced to that community as his sister and assistant teacher. They obtained a school; he and his sister took board in a respectable family located in Ellisville, Mr. Parker’s. They had not been there long before reports got out in this family of such a nature that is perhaps improper to publish. However, Mr. Parker ordered them to leave his house. The trustees of the school forthwith called a meeting, which resulted in the discharge of both. They were promptly paid off; the woman left for parts unknown, while he has been loitering around in the adjoining counties in a way anything but satisfactory, ever since. He got out a license to plead law, defended Copeland in his last trial, and then was brought from Williamsburg, Covington county, by the Mobile prosecutors, to there serve their purposes, in the most reduced of external condition and centless, but returned in the finest suit of attire, with plenty of money in his pocket—the rewards of his services in Mobile for falsehood and attempted deception. And this is the respectable lawyer from Mississippi, as represented by one of the prosecutors. A cheaper and more degraded instrument could not have been found in all Eastern Mississippi. A poor subterfuge to resort to such a man to lie men out of deserving censure. How readily it seems the prosecution knew where to place its fingers to subserve the purpose. A few more such licks will nail the truth of Copeland’s confessions to the cross forever.”

But read the documents now in possession, from the best and most respectable citizens of Jones county, about this man:

THE STATE OF MISSISSIPPI, }
PERRY COUNTY. }

This day personally appeared before me, A. L. Fairly, a Justice of the Peace, in and for the said county and State aforesaid, Franklin J. Mixon, who makes oath in due form of law, and on oath says that Bentonville Taylor stole from this affiant a bridle and girth, while this affiant resided in Jones county, Mississpipi, at, or near, Hoskin’s ferry in said Jones county, in the month of March or April, 1858.

Sworn to, and subscribed before me this twelfth day of April, 1859.

A. L. FAIRLY, J. P., P. C.

Signed, F. J. MIXON.

* * * * *

STATE OF MISSISSIPPI, }
PERRY COUNTY. }

I, James Carpenter, Clerk of the Probate Court of said county, certify that A. L. Fairly, whose name is signed to the above affidavit, was at the time of signing the same, a Justice of the Peace, in and for said county, and that full faith and credit are due all his official acts as such.

Given under my hand and seal of said court, this sixteenth day of April, 1859.

JAMES CARPENTER,
_Clerk Probate Court, Perry Co., Miss._

* * * * *

ELLISVILLE, JONES COUNTY, }
MISSISSIPPI. }

We, the undersigned citizens of said county and State aforesaid, do hereby certify that we are well acquainted with Bentonville Taylor, and know him to be a man of no moral worth as a citizen, no character as a lawyer, nor school teacher, and a man to whose word we could not give any credence for truth and veracity.