The changing of this Judge’s charges, the veering about first from

one side to the other, his expressed determination to force a verdict

against the better informed and more respectable of those who formed

a great majority of the jury, if it required an indefinite period of

confinement to do it; and then, in the last hours of torture, came

squarely out and told the jury it was bound, from the law and evidence

before it, to find a verdict of guilty; and all this while knowing

the awful character of Shoemake, one of the main witnesses, as proven

on the trial; and while knowing that G. Y. Overall had no right to

prosecute in the name of G. Overall, when there were more of the same

name in the place, and to which the jury believed the confessions

applied as intended by Copeland; and more, after conviction,

anticipating something righteously in favor of the defendant, this

partial Judge declared his intention before hand not to sign any

petition for the release of the defendant from the prison; all these

incidents taken together are too strongly stamped to be explained away.

The refusal of the defendant’s application against the strongest of

reasons in contrast with his unreasonable granting the prosecution all

it wanted for several years afterwards, is also something which will

not soon be forgotten.

But it may be said that Judge McKinstry did no more than is fashionable

in the present day—that of consulting political interest in preference

to the eternal laws of justice. This is but too true. It is a

deplorable fact that, from the most inferior to the highest of courts

and officers, measures are gauged according to political considerations

and wealthy favorites. Truth is sometimes very disagreeable, but it is

nevertheless indisputable that when the progress is rapidly onward to

idolize vast possessions under a system which rather favors than checks

the spread of those evils which sap the very foundations of strength

and national vitality, and at the same time, and in the same ratio, to

dishonor the real sources of wealth—honest labor—the nation’s decline

and fall will follow in the wake of consequences under excessive

government, no matter whether of Republican or Democratic. The baneful

effects from either will be pretty much the same, as long as there are

lacking the _will_ and the _power_ to restrain or repress excesses

as they spring up. When general means of subsistence are easy, with

plenty everywhere abounding, there is not much danger of convulsive

change; but a prodigious increase of population with proportionally

narrower resources to command, together with extensive disaffection

and oppressive burdens from previous wars, then is the time for the

exercise of prudence and a strict administration of justice in every

department to maintain the life of the nation.

Granted that G. Y. Overall proved satisfactorily enough an alibi,

that is, that he was not present at the time referred to; but it is

again asked what was he doing associated with such men as Shoemake

and Bentonville Taylor? Was he the tool of more designing men? What

right—what necessity had he to turn prosecutor, when, as plainly

elicited on trial, it was another Overall that Copeland referred to in

his confessions?

The trial succeeded in nothing against the defendant only in crippling

his pecuniary resources, and harrassing him in other ways. It rather

strengthened than weakened the authenticity of the work. These

circumstances, with the war, interrupted the sale for some years; but

as might have been reasonably expected, truth can only be temporarily

crushed to burst forth again with renewed vigor. Persecution only adds

fuel to the flames.

Sick of the career of life which he had led, it was but natural for

Copeland to repine against those who had shared his plunder and goaded

him on to crime with ample promises of protection, and then deserted

him in the last hours of his affliction.

The defendant could have had no conceivable motive to forge names—not

knowing before Copeland gave them, that such persons were in existence;

therefore, where there is no possible motive, there can be no crime

or intentional wrong. So much then for the “wicked and malicious

intentions,” as charged in the affidavit of Shoemake.

The foregoing observations close the narrations of the trial with the

circumstances of connection belonging; and now for particulars, as

reasonably presumed, of another attempt on the life of the defendant

in 1862.

Throughout the proceedings of the trial Dr. Pitts has been properly

referred to as the “defendant.” Hereafter his own proper name will be

given.

ANOTHER DESIGN OF ASSASSINATION.

In the spring of 1862, when returning from a professional visit, he was

waylaid by two persons to him entire strangers. Just before the Doctor

reached a by-path he was accustomed to travel, because somewhat nearer,

he first suddenly discovered one of them near the main road, in a bunch

of bushes by a stump, some fifty or seventy-five yards distant. The

Doctor made a quick change of position; the rays of the sun fell on the

bright gun in possession, which reflected a dazzling brilliancy for

the moment. This extraordinary circumstance of itself was sufficient

to cause well-grounded apprehensions of danger; and, accordingly, the

Doctor kept a close watch for an excited moment. No sooner had he taken

the by-path above alluded to, than he saw one of the two rush out—fast

running through the thick woods in order to intercept him. The Doctor

instantly turning his course, he at once beheld another person running

in the same direction. There was but one available outlet for the

Doctor to make his escape, and this through a long narrow valley with

obstructing hills on each side. Both made a strenuous effort to get

ahead of him in the valley, but fortunately he was mounted on a fine

animal very fast on speed, which successfully enabled him to escape

unhurt.

As before stated, these two parties were entire strangers, and never

spoke a word during the whole transaction. On peaceable terms with

every one in the settlement around, so far as known, there could not

be a doubt on his mind as to this movement being another attempt on

his life from the clan for the sake of vengeance for the past, and to

prevent republication in the future. The same conclusions must be

arrived at by every impartial judge of the affair.

The following tragic accounts have recently been carefully collected

from authentic and reliable sources, which, here introduced, will form

something like an episode of after transactions of the parties whose

names are also found in Copeland’s confessions—transactions exactly of

a character to correspond with the dark and bloody operations as given

by Copeland himself.

SHOEMAKE AGAIN.

From whatever stand-point viewed, there is something extraordinary

about this man. He was particularly distinguished in the art of

sculpture. He built the jail in DeKalb, Kemper county, Miss., which,

when completed, was pronounced a master-piece of workmanship for

substantial security. But in some length of time afterward, the report

got out, probably from his own boasting, or some unguarded expression

which he had made use of, that it was not safe. Inspection of the

minutest sort followed, but not a sign of insecurity was discovered.

However, when he got ready, he volunteered to show, and did show the

defect which all previous search had utterly failed to find. He pointed

to a place in the wall so perfectly concealed, yet with a very little

exertion a vent could be made quite large enough for one person to pass

out.

He was expert and dexterous in everything he engaged, but, as time

developed, with an ultimate object of fraudulent gain in one way or

the other. He was a scholar, yet this capacity only enabled him to

attain greater heights of rascality with less liability of detection.

Politeness, civility, and the most consummate of gentlemanly airs he

could assume when his nefarious purposes could be best served by so

doing. He was cruel, but not brave. It is said that the sister of his

now brother-in-law received cruel treatment from him in youth; and for

years this brother-in law determinedly bore it in mind, and at maturity

beat Shoemake unmercifully for the same. This is a case with one man

that Shoemake childishly dreaded ever afterward.

But his wife, formally called Muggy Worbington, was made of different

material. She was brave sure enough, which was sufficiently evidenced

on a number of occasions; one of which was in making two men, who had

before vehemently offended her, jump precipitately into the river from

a flat to avoid the contents of a revolver which was too resolutely

presented to be mistaken.

And again, in the malignant feud between the Shoemake and Fisher

family, which culminated in a pitched battle with shot-guns and

pistols, near a brickyard, half a mile north of old Marion, Lauderdale

county, Miss., in the fall of 1844, or early in 1845. Shoemake and his

wife against Fisher and two sons, William and Theophilous. The fire

from the Fisher family was too hot and severe for Shoemake; he left in

haste and deserted his wife, who fought inch by inch with unfaltering

fortitude until shot down by the greater opposing force with which she

was in conflict.

Shoemake, before leaving Kemper county, made intimations as if disposed

to divulge the interesting historical part of his life; and, at the

same time, in reference to the tremendous disaster he sustained on the

trial of Dr. Pitts; made significant remarks of a double meaning, but

really of a nature to warrant the impression that the publisher of the

Life and Career of Copeland would pass off this stage of existence,

which would be certain to leave mystery behind for future contemplation.

Shoemake resided in and around Kemper county for a number of years. His

conduct was always suspicious, but his address, his ingenuity, and his

whole movements were so profoundly managed as to evade penal detection.

Years had to elapse to fully develop the man for anything like a common

consent as to his real Character. It but required time to satisfy the

judgment of all that he tainted everything he touched. And this is the

man who was so sensitive because Copeland confessed him to be “a big

dog among the clan.”

THE TWO HARDENS AND THE MURDER OF SHERIFF SMITH.

The names of the two Hardens were given by Copeland as forming a part

of the clan. More about them has since been collected, which will now

be read with interest.

About the year 1853 John Harden, from the State of Alabama, stole a

fine animal, buggy and negro man, and succeeded in getting them safely

to Marion county, Miss., where his mother resided. The Sheriff, Mr.

Smith, from the county in Alabama where said property was stolen from,

pursued Harden, and on reaching this State, Mississippi, he employed

the services of Philip James, of Greene county, to accompany him.

Finding Harden in the night at his mother’s, he was by them taken on

surprise, but made a desperate resistance, though being overpowered,

was compelled to surrender. The horse, buggy and negro man were all

found. Sheriff Smith had Harden confined within the buggy, and the

negro man ordered to ride the horse. On returning, and when they

reached the residence of Philip James, Sheriff Smith made no further

request on Mr. James, and thought he could then manage without any

further assistance. Accordingly they started, but shortly after they

had crossed Chickasahay river the Sheriff was killed—appearances

indicating that he had been beaten to death by a club. But whether by

Harden or the negro man, none ever were able to ascertain. The buggy

was rolled off under a hill. The horses and the two persons made

their escape for the time being. Nothing positively definite, but the

report followed that in some six or eight months afterward Harden was

apprehended by Smith’s friends, and by lynch operations finished his

career by being hung to the limb of a tree.

His brother, also mentioned by Copeland, who married a daughter of

Gideon Rustin, was hung in Columbia, Mississippi, about the year 1843,

for the murder of his wife. Immediately after the murder, he made his

escape, and got into the State of Georgia, where he remained for some

months; but subsequently returned and gave himself up to the sheriff,

but had not been long in prison till he broke out, and would probably

made his escape, but was captured by some parties in a boat near by

while he was in the act of swimming Pearl river.

John Harden was a powerful man, not only in physical strength, but also

in determined energies and resolution. Years ago, it is said that he

and Hampton H. Nichols, of Perry county Mississippi, disagreed—followed

by a fight betwixt the two in the usual manner, and that Harden came

out the best; although, for nerve and surpassing strength, it was

before thought that Nichols had not a superior. Thus, one by one do

the members of the “clan” drop into eternity by violent and unnatural

terminations.

JAMES M’ARTHUR, OR “CALICO DICK.”

There are others of the “clan” still active and surviving. James

McArthur—better known in some places by the appellation of “Calico

Dick” still lives. By reference to the original history of the Wages

and Copeland clan, page 89, it will be seen that this man became

connected with the organization in 1844; and, at the time, was

acknowledged by the former members as being directly concerned with

others engaged in the business of counterfeiting money. Dr. Pitts has

taken considerable trouble in tracing out the character of this man,

and has received information from the best citizens of Mississippi and

Alabama. Let this information be read with care and attention; and

then, who can have the effrontery to contend that the names given in

the “confessions” “are forged and the entire work unworthy of credit.”

In former years, when the Wages and Copeland organization was in full

blast, he was then looked on as a suspicious character and believed

to belong to the clan, as well as having more or less to do with the

counterfeiting business which had been the means of flooding the

country with a spurious circulation.

This organized band of robbers, murderers and counterfeiters had become

such a terror to the seashore counties of Mississippi that the good

people of these sections were driven to the necessity of forming a

“Vigilance Committee,” for the better protection and preservation of

society. By this committee, many suspicious persons were arrested,

among whom was Jim McArthur. He, with a rope around his neck, piloted

the committee to the swamp, where he pointed out and dug up the coining

apparatus which was used by the band in coining counterfeit money. Here

he acknowledged his identity with the counterfeiters, and was only

released on his solemn vow to leave the country—never more to show his

face in that region of society. Accordingly, he did leave, and was not

seen there again until during the late war between the States, when he

returned and was a great source of trouble again to all the neighboring

counties around—committing more crimes of a more shocking and atrocious

character.

After the close of the war, he again left that vicinity, and made his

headquarters in Mobile, Alabama, where occasionally he was seen very

flush of money. Also, after the war, he made a visit to Perry county,

Mississippi. While there, he made inquiry after a woman, who had left

her husband while the national contest was going on. The supposition is

that he, made her acquaintance on Honey Island during the war.

He is now well known to all this country as a renowned traveling

gambler; and, among the fraternity of that class, is probably better

known by the name of “Calico Dick,” which appellation he received

many years ago, according to his own statement, when but a youth,

in the State of Georgia, for stealing a bolt of calico, and for the

same received thirty-nine lashes. But particulars on this subject

will be best understood by giving an extract of a letter from one of

Mississippi’s gifted sons:

“Calico Dick is the same brigand—the infamous Jim McArthur. He himself

states that when he was a youth in Georgia, he stole a bolt of

calico—was detected and received thirty-nine lashes, and ever since

has been called Calico Dick. He was suspected of murdering a peddlar

in Hancock county years ago, and acknowledged, with the rope around

his neck, to the vigilant committee that he was a counterfeiter, and

pointed out the apparatus for coining—confessed to horse-stealing and

negro-stealing, and had left his wife and children in Hancock county to

starve or do worse. His nephew, young Frost, who kept a cigar stand in

or near the Battle House, Mobile, was arrested at Bay St. Louis last

year on the charge of murder, and carried to Alabama. I have not heard

the result. McArthur was unquestionably one of the Copeland clan. He

committed many crimes during the war. At any time during the second

year of the war, when we had no law, if I had met him, I would have

shot him from my knowledge of his crimes.”

JACKSON COUNTY, 1873.

From another friend, in Jackson county, he still further exhibits the

man in his true colors:

“James McArthur, long known as Calico Dick, has resided many years

in Hancock county, Mississippi. Though absent frequently for months,

sometimes for a year or two. His own statement when he first appeared

in the county, was, that he stole a piece of calico, from a country

store in Georgia, and being detected received thirty-nine lashes. So

far from being ashamed of this exploit, he boasts of it, and when

drinking often repeats the story of his filthy life. He soon made

himself known in Hancock as a gambler; and from his frequent mysterious

journeys, and generally returning with a fine horse and plenty of

money, he became an object of general suspicion. The Murrell clan,

and, subsequently, the Wages and Copeland clan were then operating

throughout the country. Negro-stealing, horse-stealing, counterfeiting,

highway robbery and murder had been reduced to a system, and it was

rare that anybody was brought to justice. If any party was arrested,

some of the clan was always on hand to prove an _alibi_. Suspicion

very often pointed to an individual, but people were afraid to hint

their suspicions lest they might draw down upon them some secret

vengeance—the burning of their dwellings or assassination. Thus, crime

was committed with impunity. A peddler, known to have considerable

money, was found murdered in Hancock, and though there was but one

opinion as to who committed the deed, no one was arrested. The county

was flooded with spurious coin. McArthur was known to make frequent

journeys towards Mobile and to the Sabine on the Texas line, and when

he returned, there was always an influx of bad money in circulation.

He generally brought one or more strangers. Men of doubtful character,

and with no apparent means of living, and never known to work, began to

multiply, and this class was constantly around McArthur, and looked up

to him as their chief. Though known to be personally an abject coward,

he became, through these desperate men, an object of terror to the

timid; and even respectable men were weak enough to court his favor.

The late Col. D. C. Glenn would often say, after his attendance on the

Hancock Circuit Courts, that he was shocked to see decent men jesting

and drinking with such a wretch! The secret was that these men dreaded

him and his gang.

Finally, somewhere about 1845, counterfeiting, horse-stealing,

stock-stealing, and other crimes became so common; and the county so

swarmed with idle, worthless, and suspicious characters, the citizens

of Hancock formed a vigilance committee for mutual protection. It

embraced the best, most responsible, and determined men in the county.

They arrested a number of persons, most of whom confessed to being,

or having been, members of the Murrell and Wages clans. The names of

these men, and what became of them, can be given to you by some old

citizen—such as Col. Claiborne, S. T. Randall, Luther Russ, J. W.

Roberts, and others. Those who confessed to belonging to the above

named clans, were to a man the boon companions and associates of the

notorious Jim McArthur, alias Calico Dick. The committee finally

arrested him. I have been told that nearly the entire committee was for

hanging him instanter. Indeed the rope was around his neck; but some

one suggested that if they hung him, many important secrets would die

with him; and that it was better to spare his life on the conditions

of full confession and his immediate and perpetual departure from the

county and State. The cowardly and treacherous scoundrel clutched at

this expedient to save his life. He acknowledged his crimes, gave the

names of his associates, and piloted the committee to his camp in the

Devil’s swamp, where he fabricated spurious money. The moulds, forge,

and a quantity of base metal were found there. The forger should have

been handed over to the U. S. authorities, but he was permitted to

leave the county on his oath (what was the oath of such a creature

worth,) never to return. He left immediately for Alabama, where it

would be worth while to track him. When the war broke out, and the

vigilance committee of Hancock no longer existed—its most prominent

members having died or removed—this self-confessed felon returned to

the county. He appeared there, I am told, in the character of a bounty

jumper or substitute broker, in which he swindled a number of confiding

people. A band of his old associates returned about the same time, and

during the war became the terror and scourge of the country. Some were

deserters from the Confederate ranks—some joined the United State army,

and deserted their colors came back to their old haunts and their old

leader. Some were professional thieves, robbers, and murderers, who

never belonged to either army, but took to bushwacking, and jayhawking

for a living; robbed the old, the widow, and the orphan without

scruple, and often added arson and murder to their robberies. McArthur

was constantly on the wing on the old pattern followed by Wages and

Copeland. Since the war, he has passed much of his time in Alabama; but

I am informed by citizens of Hancock that he has for some months past

been dwelling in that county. His doings in Alabama ought to be traced

out. What he is after in his obscure den in Hancock county, will, no

doubt, in due time, crop out.”

Calico Dick is described by those who have seen him as having the

appearance of being deformed from the effect of disease. The external

appearance indicate considerable curvature of the spine. Others

more intimate and better acquainted with him, say that this seeming

curvature is caused by the constant wearing of a steel plate, which

is used for the purpose of carrying cards; and that the plate is so

constructed that he can without detection take from or add to his hand

while playing, and with the assistance of his spring plate renders

it impossible for any one to compete with him in this department of

gambling.

The report of his death by being shot near St. Stevens is proven to be

false. There is now a letter in the possession of John Champenoies,

a resident of Shubuta, Clarke county, Mississippi, from Calico Dick,

dated at Pensacola Junction, the 28th of May, 1873, and mailed at

Whiting, Alabama.

There is another incident in his life which is rather amusing, and

should not be entirely overlooked. In the year of 1868, he purchased a

ticket to Enterprise, on M. & O. R. R., to Quitman, and got on board

of a freight train, which carried him to the next station below,

DeSoto, some four or five miles further than he wanted to go, and he

had to walk back again. For this he sued the company, and got judgment

against it to the tune of several thousand dollars; but the case was

carried to High Court, and judgment reversed for a new trial. However,

a compromise was made, and the company only paid him five hundred

dollars, and gave him a free ticket on the road to ride afterwards.

Since writing the above, Dr. Pitts entertained some doubts of the

truths of the whole of this story; and, to be better satisfied on

the matter, wrote to one member of the company in high position, and

received from him by way of reply the following:

“I know James McArthur, often called ‘Calico Dick,’ but know little of

his antecedents.

Life and bloody career of the executed criminal, James Copeland, the great Southern land pirate · 第 15 / 17 段