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.

[Illustration: THE FAMOUS HARVEY BATTLE.—[See page 103.]

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. }

Life and bloody career of the executed criminal, James Copeland, the great Southern land pirate · 第 8 / 17 段