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.