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.

[Illustration: EXECUTION OF JAMES COPELAND.—[See Page 118.]

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.

[Illustration: A B C D E F G H I J K L M N O

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.

Shortly after the execution of James, John Copeland, the brother of the

former, was arrested, brought to the same jail, and tried in the same

case, and for the same crime of murder.

The State was represented by George Wood, Esq., and the defence by

Wirt Adams as principal. Both sides labored hard and wonderfully

skillful. The argument of the latter occupied about three or four hours

in delivery. The evidence against John Copeland was quite as strong

as against his convicted brother, but the juries were of different

material. The three strange immigrants from Alabama, who then had

recently settled in and about Augusta, managed to get on the jury. This

was not hard to do, as the county had pretty much been exhausted before

to get an acceptable jury not disqualified by some objections brought

forth. When the jury retired, the three here referred to, having the

most ingenuity, lead the other remaining part, the consequence of

which was a verdict of acquittal. This verdict aroused the indignation

of the public both far and near—murmurs everywhere, and satisfaction

nowhere. So irritated were the populace that, in all probability, the

life of Copeland would have been taken by violence the night after his

liberation, but for the timely notice given him for immediate escape.

The following morning he was heard from as being seen on the opposite

side of Leaf river, about thirty miles below Augusta, in the direction

for Pascagoula river. It is supposed he went almost direct to Angelina

county, Texas, where his mother and family settled after leaving

Mississippi.

But little time had elapsed after this before the Sheriff of Perry

received a letter from Col. Pickering, of this (Angelina) county,

warning him of the necessity of being on his guard—that Thomas, another

brother of the Copeland family, had left that vicinity for Mississippi;

and, according to the general belief there, with a design on the life

of the Sheriff; but although he passed through the county of Perry, by

the way of Black Creek, to Mobile, Alabama, yet if he made any secret

movement for the assassination, he never knew it.

The Copeland family, in Angelina county, instituted a formidable

prosecution against Col. Pickering, but his reception of the pamphlet

containing the confession, caused the District Attorney of that place

to dismiss the prosecution, and for this the Copeland family was

heard to swear vengeance against the Sheriff who had published them;

therefore, well taken were the grounds of fear entertained by Col.

Pickering. Immediately after the acquittal of John Copeland, the three

strange immigrants left for parts unknown.

S. S. SHOEMAKE, THE ARCH-MONSTER OF ATROCITY AND THE PERFECTION OF

DECEPTION, WITH HIS JOHN R. GARLAND LETTER.

An organization may soon come to naught, even though founded on

principles in every respect sound, healthy and legitimate, if

the individuals composing it are defective in brains and energy,

the exercise of which are essentially necessary for continued

existence. But an organization, based on the contrary of such

principles, may continue for years to perpetrate the darkest of human

atrocities—spreading terror or devastation both far and wide, if its

members, or the leaders, possess the mental force requisite to plan, to

command and to execute according to the proper definitions of skill,

disguised treachery, and firm intrepidity brought to bear against the

less suspecting, but the more honest members of society.

The unfolding of the character of S. S. Shoemake will reveal all the

traits of vice, of meanness, of guilt, and of all which contributes to

the perfection of human treason and perfidy.

Some of the most masterly strokes of guile and consummate deception

are to be found in his John R. Garland letter and the subsequent

circumstances with it connected. The ancient Judas fell very far short

in comparison with this modern specimen of cruelty, of plunder, and

of hypocritical imposture. A marauder, a being destitute of honor,

pride or principle, and the very incarnation of all that is vile and

abhorrent. This is the man whose character, to some extent, will next

be unveiled in detail.

But a short time elapsed after the publication of Copeland’s

confessions until a letter, signed John R. Garland, was received by

the Sheriff of Perry county, making inquiry about S. S. Shoemake and

two others by the names of J. and D. Doty—all implicated in Copeland’s

confessions. This letter, as will afterward be shown, was written by

Shoemake himself, and was mailed at DeKalb, Kemper county, Mississippi,

the substance of which will next be given:

DEKALB, MISS., October —, 1858.

_J. R. S. Pitts, Sheriff Perry County, Miss._:

DEAR SIR—As I feel very much interested in the future welfare of this

immediate section of our country, and am desirous of ascertaining the

names of all men of degraded character, so far as practicable, who

might chance to live among us, and more especially those characters

as represented to you by Copeland, in his recent confessions as a

united band of land pirates, which fact has been apparent with me

for some years past of the existence of such a clan throughout our

entire country. And believing that we have some of the same characters

residing within our midst, I thus communicate in confidence to you,

trusting that you will be kind enough, on the reception of this, to

answer the same, and inform me whether or not the names of S. S.

Shoemake, and two other men here, J. Doty and D. Doty, are the same

persons as implicated by Copeland in his confessions to you.

So far as the former character is concerned, there is no doubt existing

in the minds of the people here but that he belongs to some secret

clan. His conduct, and every action through life, go to establish this

conclusion. He spends the greater portion of his time away from home,

and at times is absent from home for months, none knowing here anything

of his whereabouts. And in this way, to the mystery of every one, he

makes his peregrinations throughout the country, but whether near or

distant is unknown to us. Frequently after having been absent until the

community would begin to wonder and ask the question as to the cause

of such continued detention, as well as the actuating motives for so

much of absence, but none can give any solution—none any intelligence

in reference to him. To say the least, there is great suspicion mingled

with much curiosity.

Generally when he returns home from making those protracted journeys,

he manages so as to arrive some time during the night, bringing with

him droves of horses, mules, and sometimes more or less negroes. After

his return, the first thing that is known of him, he is seen in the

grog-shop bright and early in the morning, waiting the arrival of

the bar-keeper for his morning bitters. In this way he seems to be

continually whiling away his time—claiming to be acting in behalf of

a State committee. On meeting this person, S. S. Shoemake, one that

is not personally acquainted with him would not for a moment suspect

anything wrong, for he is calculated by his affable deportment, on

first acquaintance to make a very favorable impression on the mind.

Life and bloody career of the executed criminal, James Copeland, the great Southern land pirate · 第 9 / 17 段