.-?-• vOq. >oc> ^"^ % ' > V v°^x. \^'' A ;-^\ : .-.S^ %. a^ o Oq, '-. f \' -!- ..„ v■^"-■"l^^'^,'^-■^^-- A^ '/ ^ xV ,y. ' ^1 ?5 'V r,X ^^'\^--:^. :^:- v^' c^^ ^v ./?^ , . o, ■■ ^ , . ■* «0 .A-'^ O ^ ' <"'''•<. "<;? ': V >*' ,•0'' .x^-' .% ' '%- >^ 0' ..V' --- ' « I i '■ ,0 •^-^ -y '%^^ > '/^. eV ^ >^ ' " <->. '/-, -^^ -■". '^' .\-- ' i-V £>' -i ' 1) - ^ ->. oo^ "o 0^ ^*■' ■"^-^ ^. -7^' c s "^ >A •^, -^ o 1. * ^0 I ■:> -0^ . o \^ '■<<. .^-' A <- c'? ^>' ./>, •\^ .-N io^ ■^^ A ri- t '-i-S^ o 0' %^^- v^"^. '%/■ .\0 < '■ ' . ^ .-^ .0 0^ ■> ■ SECOND EDITION. ] [PRICE, $1 50. LIFE AND CONFESSIONS JlMEi COFELJkNl THE GREAT SOUTHERN LAND PIRATE. 9 The Famous Harvey Battle. — [See page 103. LIFE AND BLOODY CAREER OF THE EXECDTED CRIMINAL, JAMES COPELAND, THE GREAT SOUTHER]^ LAI^D PIRATE LEADER OF A DEVASTATING CLAN RANGING OVER A GREAT PORTION OP THE NATION, PARTICULARLY THE GULF STATES, SPREADING TERROR AND INSECU- RITY EVERYWHERE. MYSTIC ALPHABET OF THE CLAN, FOR THEIR SECRET CORRESPONDENCE, GIVING A LIST OF ALL THE MEMBERS THROUGHOUT THE UNION, WITH AN APPENDIX OF PROFOUND RESEARCH, BRINGING TO LIGHT MORE OF CRIME, CORRUPTION AND DISSIMU- LATION, UNVEILING THE MANY WAYS IN WHICH TALENT, WEALTH AND INFLUENCE HAVE GIVEN ASSISTANCE. BY 33 R, . jr . U, . S . n T T S . JACKSON, MISS.: PILOT PUBLISHING COMPANY, PRINTERS AND BINDER?, 1874. Entered according to act of Congress in the yeai- 1874, by DR. J. R. S. PITTS, In the Office of the Librarian of Congress, at Washington. AH rights reserved. MEMOIR OF THE AUTHOR. The author of the ensuing publication was b<>rn in Effing- ham county, Georgia. His grandfather, Dr. Soda, was a native of Cologne, an ancient city on the Rhine, in Prussia. Here educated to the science of physic, he afterwards became a practicing physician. Rather earl}^ in life, he came to the United States of America, and settled in the city of Savannah, Georgia, where the remainder of his life, some thirty years, was spent. Here, and during this time, he practiced in the medical profession with success and distinction. He married an American l&dy, the issue from which consisted in only one son and one daughter, Robert and Jane Rosettah. About the year 1830, the latter, with J. G. W. Pitts, were married in the city of Savannah, Georgia. The result from this nuptial union is the existence of the " author." With him, in 1834:, his parents removed from Georgia to Rankin county, near Brandon, Mississippi; but the wife and mother did not long survive afterward, as will be seen from the following record found in the family Bible: "Mrs. Jane Rosettah Pitts, wife of J. G. W. Pitts, departed this life the 7th day of January, AD., 1S35, in the 21st year of her age, after severely suffering under a complicated disease of two gears' standing, which baflled the skill of the best physicians." The author was left an orphan at a very early age — only two years old. He was consigned over to the guardian care of an 4 , MEMOIR OF THE AUTHOR. affectionate grandmotlier, who performed the charge both creditably to herself and in perfect accord with the welfare of the infant entrusted to her charge. He was sent to school as early as convenience would permit, and, at intervals, continued until the age of twenty-one, when his friends brought him out for Sheriff of Perry county. At this period he left the school-room, and forthwith entered on the canvass, which resulted in his successful election by a handsome majority. For some four years he continued in this office, during which time the painful duty devolved on him of executing James CopeTand, the subject of the present work. Next came his memorable trial in the city of Mobile, Alabama, to answer an inveterate prosecution for libel — a trial which involved the best talent of the bar, and resulted in the conviction of the author by such means as truly gave only the shadows of vic- tory to the straining prosecution, and triumph in real substance to the defence. At a very early age, the author manifested a preference for the study of medicine, and in his capacity of Sheriff, his leisure hours, apart from the requirements of his office, were spent in making proficiency in his favorite science; and still more so after his trial — immediately following which he at- tended a medical college with ardor and assiduity-, and ever sipce has been engaged in the practice of his profession. INTRODUCTION. There is, perhaps, nothing within the sphere of human ope- rations which more affect the present and future generations, either for good or evil, than a faithful narration of history and biograph3\ But the effects, either for better or worse, depend pretty much on the comments and conclusions of the historian and biographer themselves. He may have an unprejudiced mind, he may chronicle the events of a nation faithfully and correctly, and he may be capable of delineating the mighty strokes and nicer shades of individual character with all the force and brilliancy which extraordinary genius can command; but if his deductions or inferences be unsound or erroneous, the effects will extend to all parts of society, both the present and the future. For instance, and as an illustration, the poet said of Lord Bacon : "The greatest, the wisest, and the meanest of mankind." This is a forcible declaration, and one that belongs to the true philosophy which others must adopt before they can be the real benfactors of mankind. Had the poet gone further? and particularized the conduct of this great man, in what con- sisted his exalted virtues, and wherein he has contributed so much to the benefit of after ages — giving him credit for all this, and stamping it with true glor^^, admiration and immor- tality — holding up the same as worthy of imitation for aspiring j-outh; and then followed by a painful portrayal of 6 ixraoDucnoBT. his enormous vices which have had their share iu producing s© much corruption and miserj^ on societ}' at large — making man- ifest, according to the declaration of another poet, that "an honest man is the noblest work of God;'' and that it is far better to be honest, though humble, than to have a combina- tion of character of all which is great and all which is mean • let it be repeated, had the poet drawn his lines in some such manner, far happier might have been the result. Again, war is the scourge of humanity. Of all woes, there are none which can be compared to the horrors of protracted ■s^-arfare. Neither tong«e nor pen can adequately' depict the miseries which flow in the train of consequences. The rust, disease, exposure and pestilence of camp life; the crowded hospitals of accumulated wretchedness; the sweat and smoke — the blood and groans of tlie red battle-field; these form but a very small part of the dire afflictions which flow from hostile collisions of this nature — to say nothing of the burdens en- tailed on posterity by waste of treasure — leaving an intermin- able debt to oppress generations yet unborn ! Here the fashionable historian has a fine field to work in. In dazzling colors he gilds and paints in profusion. He largely expatiates on the strategems, the mananivering, and the master strokes of polic}' displayed by the commanding General. In matchless grandeur he draws his lines, made conspicuous by gleaming swords and bristling bayonets. He plants his thun- dering batteries on every eminence within the scope of vision. Now open the scenes of death and carnage. Red flashes, black smoke and leaden hail extend from every spot of falling con- flict. Hand to hand, foot to foot, breast to breast. First one and then another of distinguishsd officers dropping, " covered all over with immortal glory." Grounds taken and retaken. One wing giving away, another pressing victoriously onward over heaps of the slain. Here stubbornly contested, then riding on the fiery wings of battle overpowering all opposition —producing route, defeat and dreadful slaughter on every road INTRODUCTION. / of retreat. Such animating descriptions animate other armies and other Generals. Not only is the impetuous enthusiasm of the common soldier excited, but also the ardor and emulation of the General himself. The young, the old — all seem to desire more opportunities to occur for the exercise of prowess, as well as for further demonstrations of martial glory. But it is quite possible to conceive how the historian could have pro- duced quite a contrary efllect. By degrading all that apper- tains to warfare, and by holding up to public scorn and indignation the brutal and hellish scenes involved for purposes of rapine, plunder or false notions of honor; by descriptions of this sort war might be held in a verj' different estimation to what it now is. But is the present course of the historian's pen altogether erroneous? Perhaps not. The inordinate rapacity and selfish- ness of human nature must be taken into account. The over- powering propensity for conquest, might against right, must be considered. A nation extremely rich in agricultural pro- ■ ductious, in manufacturing commodities, and in everj'thing else pertaining to wealth, yet effeminately weak in spirit and incompetent for ph^'sical protection, will stand a poor chance against the trained hordes who prefer plunder and conquest to any other pursuit. So far, then, the historian's pen is not misapplied in keeping alive and active the bravery and martial spirit of a nation to secure its own against the unscrupulous encroachments of other nations, or against the wild infatuations of parts of the same nation. In this department the true and correct province of the pen is to encourage, by all honorable means, bravery, magnanimity, and all other generous traits of a great nation, consistent with safety or security in the future, determined to maintain the right, and equally so not to yield anything to wrong through abject fear of consequences; at the same time favoring forbear- ance and exhausting all honorable means before the last resort of warfare be put in execution ; while not forgetting to impress 8 INTRODUCTION. that external warfare or internal rebellion generally leave behind worse evils than those intended to be removed. A little reflection, then, must convince all of the vast and mighty influences which the historian and biographer exercise on society and nations at large, either for good or evil, according to the range or sphere occupied. The life of the condemned criminal, James Copeland, who expiated his blood-stained career on the scaflbld, together with the history of the alarming and extensive clan, which, for many long years, produced a perfect reign of terror over such a broad expanse of territory in this nation, and of which said James Copeland formed one of the principal leaders in the clan — clearl}^ showing the causes which favored the progress, as well as the causes which produced dismemberment and final dissolution — such a life and history cannot fail, even at this late date, after so long an interval of unavoidable interruption, of materially interesting and benefitting the public at larg«. James Copeland was executed in 1S57. His life. and the history of the clan were published in 1858. The sale of the work was progressing wonderfully when a ruinous prosecution commenced against the author in Mobile, in another State, Alabama, for libel on several parties by the names of Messrs. Overall, Moulton and Cleaveland; the former being the princi- pal actor in this prosecution, at least overtly so. This circum- stance, in connection with the crippling of the author's pecuni ary resources, together witli the all-absorbing questions involved in the late internal war, through which we have just passed, prevented any but the first edition from appearing, which only circulated in a very limited extent of territorv. The obstacles here referred to are now pretty much out of the waj'. Opportunity is off'ercd for republication on a far broader basis than before. Time is the corrector of errors and excesses. Heated passijans give way to sober reason. In the enlarged edition which will shortl}- appear, impartial minds will at once discover that the principal object is to do justice INTRODUCTION. 9 to all — injury to no one; but this course will not exclude the guilt}" from exposure, yet it will endeavor to exouorate the innocent who may have been accused through misnomer or by inadvertant mistake. Great and influential men league together, sometimes for worthy purposes, but often for unworthy ones. It is very easy to entertain the idea that a young man just setting out in the public walks of life without the prestige of the distinguished, can easily be broken down, no matter how foully the means resorted to for accomplishment. It is strange that Governor McWillie, of the State of Mississippi, should have so tamely and willingly given up the author to the laws of another State,. and more especially to the particular locality where the design- ing influence of the prosecutors so widely extended, while well knowing that the author could have had no motive or interest in accusing or misrepresenting any — not previously knowing anything, either of name or person, in relation to the prose- cuting parties, either of good or bad — onl}' publishing in sub- stance the unaltered revelations as made by the convict himself, the truth of which he sealed with his last dying breath on the scaffold; and while Governor McWillie, with hundreds of others, have known from previous experience the truth of the principal particulars as related by Copeland himself. This notorious clan was not onl}' a terror to almost every part of this State, but also of many others. But all this belongs to the past, and is onh' now alluded to in order to give a right understanding of all the facts and circumstances connected with the whole afl^'air from beg-innino; to end. Truth and justice, by oppression and by forces foul, may be held down for awhile, but the increasing and progressive power of the springs will break and throw off" the impediments — again bursting forth in vigor and strength not to be crushed nor repressed b}^ sophistr}^ nor by the influences of money and distinguished officials. G. Y. Overall was the principal open prosecutor of the three. 10 INTRODUCTION. It was clear]3' evinced on trial that there were other Overalls, and, to the satisfaction of the jur}', it was to one of these whom Copeland referred to in his confessions; consequently, the public sentiment was in no way changed or weakened b}- the proceedings of the trial ; but, on the contrary, was largely strengthened in favor of the substantial truths of the confes- sions. Hon. P. Walker, ihe counsel for defense, maintained the same; and, further, that G. Y. Overall had not a shadow of right on his side for instituting the prosecution. The author is frank to confess, from the testimony produced on trial, that G. Y. Overall established his innocence so far as he was concerned in point of time as specified in Copeland's confessions. But if this had been his only object, why not have rested satisfied with a verdict in his favor which could not have failed to have been rendered without any injury to either the author or the "confessions?" Why did he, in com- bination with others, resort to means so disreputable, as will afterwards be shown, to crush the author or publisher, who be- fore did not know him, and could not have had au}- enmity or sordid motive against him, as well as for the purpose of de- stroying the "confessions," the major parts of which were well known to be strictly true ? Why one pai't of the witnesses so infamous and in every way so suspicious ? Wh}' the strange and oscillating conduct of the Judge in varying his charges to the Jury at difterent stages of progress ? Why, contraiy to all modern usage, hold confined the jury for six long days and nights with an express and determined resolve not to release when there appeared to be no prospect of an agreement on a verdict ? Why so many cunning inlets to and tampering with parts of the jury ? Why, when it was worn out by fatigue and loss of rest, was the last strategem resorted to for delu- sion to the cflect that it was hardly worth wliile holding out when the penalt}^, if an}- at all, would be nothing more than a jblight fine ? Why the low, the despicable, and the under- INTRODUCTIOir. 11 ground agencies set at work to poison the mind of a tlien in- tended wile, and to sever the agreement of marriage whicli had been made in good faith on both sides ? If G. Y. Overall had meant nothing more than the establishing of his own in- nocence as regards the confessions made, and which he un- warrantedly applied to himself, why so many m3'sterious foices at work and so much of corruption put in play '? By endeav- oring to establish too much, reaction often follows which sometimes satisfies that too little has been effected to produce any benefit to the complainer. Public disapproval of the verdict, universal sympathy which followed tiie author ever^'where, even within the confines of his prison — a stranger in Mobile, yet on ever}- hand met with kind treatment both in this city antl elsewhere from afar, all giving testimon}' against this uncalled for and malignant prosecution. Mr. Overall and company's victory was dearly bought, and left them in a far worse condition than before they commenced. For proving too much, a miserable subterfuge was tried to make appear that Copeland was deranged, was a maniac, and his statements entirely unworthy of credit. A more signa-* failure could not have been attempted. If he was non compos mentis, the law grievously erred in causing his execution. Those who knew him well, those who visited him long and often in his prison, can testify to his extraordinary' strength of mind. Brave and undaunted, affable in deportment, a tenacious memory, with all other indications of mental vigor, the chances are ver\- small of making impressions touching his insanity. And all this in the face of those localities which suffered so much from the depredations of the clan, which localities can vouch for the truth of his confessions. But the jury of in- quest, on an artful plea raised at the time of his trial settles this question. A man with certain death before his eyes, with not even the remotest hope of any possibility of escape, is not governed as other men are under ordinar}- circumstances 12 INTRODUCTION. of business and duplicity. If, to the double-dealers aud the reserved, his conduct appears strange in the exposure of his associates, how much more so in the reflections on his own mother? The testimony of a dying man, given freely and without any deceptive or compulsory force, is generally con- sidered reliable. The circumstances under which he made his confessions, having in view his fast approaching end to all earthly scenes, the internal evidences of truth which they bear, the numerous localities which can confirm the facts as in them contained, all tend to produce convictions as to the sub- stantial accuracy of his narrations. In his last moments be- fore the fatal drop launched him into an endless eternity, in reference, read the following certificate, correctly transcribed, as given by an eye witness in reply to an application from the author : Mobile, Ala., July 31st. 1873. This is to certif}" that I was present at the execution of James Copeland, who was executed at Augusta, Periy county, Miss., the 30th day of October, 1857 ; and heard the Sheriff, J. R. S. Pitts, ask him, the said James Copeland, if the detailed histoiy and list of names given as members of the Wages and Copeland clan were correct, and he answered the Sheriff in the affirmative that the}' were. T. C. Carter. Office 58, North Commerce St., Mobile, Ala. Other equally reliable certificates could be given lo the same effect, but the one here transcribed will suffice. The pei'son whose signature is above given, is respectfully known pretty much throughout the City of Mobile, as well as over the greater part of Mississippi, and whose veracity none will attempt to dispute. Let it be borne in mind that the existence of this clan con- tinued for a great number of years, Its fields of operations extended from State to State — from shore to shore. Here murder and prodigious rapine; there burning wrecks, with hurried flights from place to place to avoid capture and the INTROBDCTION. 13 pursuits of retributive vengeance — frequentlj'' succeeding, but now and then failing for short periods of time until the reserves in men, in money, and in officials or leagued members of the bar could be brought to bear for rescue or for jail delivery by process of law. Amid all these chequered scenes of success and adversitj', it would not be impossible for some unintention- al errors of date to have intervened; yet, intrinsically, such errors may be of a character as not, to the smallest extent, to affect the validity or value of the "confessions" made; but still, errors of this sort, may furnish fine capital for indirect sore-headed associates to rave and foam. As a simple illustra- tion on this point, one man saw another commit a crime on the 15th, but, on investigation, it turned out to have been done on the 16th. Now, had he stated "on or about the 15th," all would have been complete; but will any one con- tend because of the omission of this ^^ or ahout,^^ the whole value of the statement is destroyed ? Again, typographical errors will occur in almost all printed productions, to a greater or less extent. Such errors are sometimes insignificant and sometimes material. In the origi- nal work, as first published, some few typographical errors have been discovered. For instance, "Shonesmack" should have been Shoemake or Scheumake; but the idea of raising a fuming warfare because of such sort of errors as these, is sublimely ridiculous. After some hesitation about propriet}^ the author has de- cided to re-publish the same as appeared in the first edition, with such few appended explanations and corrections as are necessary for distinct comprehension by the reader. Fillial acknowledgements and a tribute of respect for the father, but mother, brothers, and associates, Copeland spared none. Without reserve— without restraint — simple and with- out any object of complication, truth fell fast and spontaneously during the short time he had to live. The philosopher, the statesman, and the moralist — all may deduce lessons of "^-alue 14 INTRODUCTION. to the future from liis confessions. Reflections on his mother show the mighty force and influence which the female parent exercises on youth and maturity. "The rule is bad that will not work Ijoth ways." If in this case the mother produced so much of evil fruit, a contrary or an opposite one must pro- duce contray results— hence, the vast importance of mothers both to the present and rising generations. The Murrell clan first, then the Wages and Copeland next. Both organizations came to a tragic end. Astounding as the fact may be, there are some who prefer a life of blood and plunder and terror, to peaceful industry and the blessings of orderly society. If the life and history now under considera- tion should fall into the hands of some of this class, let them not indulge in the flattering unction that but for this or the other error committe'd, the career of the clan might have con- tinued indefiuitel}'. Let no such fatal delusions be cherished for a moment. Under a s3-stem of semi-civilization, where laws are only a mock farce, where amount of money is the mea- sure of guilt or innocence; where judges on the bench, execu- tive oflicials, rings, cliques, lawyers, demagogues, and even a number of the clerical order — Mr. McGrath as an instance — all operate, not according to the principles of right in consonance with the benign influences which tend towards a rule of natural order and justice, but in conformity with corrupt and sordid motives for political considerations to secure wealth and power, no matter how foul the m.eans; under such an un- healthy condition of circumstances, organizations like the JMurrell, the Wages and Copeland, however assiduously and indirectly supported by men of wealth and distinction, how- ever bold and able the actors, cannot permanently continue. Such combinations of lawlessness for murder and plunder, in- cendiarism and all the other darker crimes which belong to depraved natures, must terminate in death and dissolution; but it so generall}- happens that the less guilty end their career ou the scaflTold or in some other way by the hands of an out- INTRODUCTION. 15 raged communit}'; while the higher grades of participant criminals, of larger calibre of brain, are left to revel on the spoils for Avhich the less fortunate have had to suffer the pains of an ignominious death. Organizations of such vast and gigantic magnitude, are in- cidents of a rude and transition state of society, where popu- lation is sparse, where means of protection are sadly at fault, and where so many hardened criminals make their escape through the mock forms of trials in courts, not of justice, but of ignorance and corruption under the name of liberty and a scrupulous tenderness in behalf of a spurious or false senti- rnental color of humanity; but in proportion as population in- creases, so also must detection and protection, with a better administration of law and justice increase in the same ratio, even if the forms of government have to be changed for the accomplishment of the same. Wealth cannot accumulate long without chaos and anarch}-, unless protection of life and property be commensurate. But often the closing era of such terrible organizations for ' bold and daring depredations on the better portions of society, then begin other organizations of less dimensions, but more dangerous, because more subtle and refined, and in every way harder of detection. There Is something terrible, or, at least, alarming in concep- tion awakened by the names of clans and hands ; but dilTerent as regards rings and cliques. These last control legislation the executives and cabinets, and nearl}' the whole of the judi- cial rings. They are the arbiters of aspirants of every de- scription — generally according to the price or consideration offered. But there is yet another lower grade of rings and cliques, composed of subordinate officers, picayune members of the bar, and low-down reckless strikers. When money or other sorts of gain is to be made, these strikers are set to work, and if they become involved in law difficulties, the cheap lawyers, with the assistance of the officials, are always at hand 16 INTRODUCTION. to liberate the offending culprits. Former methods of murder, conflagration and high-handed robbery have been exchanged for more intricate forms of conquest and gain. Whoever ventures an exposure of the fashionable vices of influential circles — whoever assails the citadels and strong- holds of crime and corruption, must not expect to elude numerous and deep-laid conspiracies for the sacrifice of life, which, if he escape falling a victim, he will be more than for- tunate. Even so far, the author has bitterly experienced all this. The marvel is that he is yet alive and determined to continue in stronger terms than before exhibited — relying on invincible truth and the better portions of society to bear him up through the ordeal which he has to encounter. Although he has suffered much, and has had many "hair-breadth escapes" from the plots and snares laid for his destruction. The subsequent part of the Appendix will inform the reader of several infernal concoctions for assassination when attempts at intimidation failed. The first of these will embrace par- ticulars in the period betwixt the publication and the author's arrest, and the other about three years after the trial had terminated. The period betwixt publication and arrest cannot be devoid of interest to the reader — it is a prelude to the im- portant trial Avhich followed. The incidents involved during the time here referred to have ponderous bearings, in a circum- stantial point of view, toward establishing the substantial cor- rectness of Copeland's confessions, although intended to invali- date them and make a nullity of the whole. During imprisonment Copeland seemed to fully comprehend the profound plans and commanding power of one by the name of Shoemake. This is the man who played so conspicuous a part before and on trial in combination with the three prose- cuting parties of Mobile. The arch-enemy of all mankind cannot surpass him in perfidious deception. "With smooth dissimulation well skilled to grace, A devil's purpose with an angel's face." INTRODUCTION. 17 He who it was who first addressed a letter of almost matchless duplicity to the author, while residing in Perry county, under a forged or fictitious signature. He who it was who next t visited the author in person, first to try the arts of persuasion and then the designing influences of intimidation, but in either case without the desired effect. After this, he it was who entered into compact with the prosecuting three, of Mobile, bore the requisition from the Governor ot Alabama to the Governor of Mississippi for the rendition of the author, and, in the circumstances connected with the arrest, acted in such a mysterious and suspicious manner as could leave no doubt that he contemplated the life of the author under a plausible pretext of resistance to lawful authority. But this object was signally defeated. A considerable number of good citizens quickly collected together, well armed for protection, and volunteered to accompany the author under arrest to Mobile, which they accordingly did, and efi'ectually secured his safety . The trial followed next. Bj^ careful attention to the circum- stances connected with it much information may be gathered, showing the force of political considerations, and how hard the task for truth and justice, in the first efforts, to gain a triumph over a combination of wealth and intellect leagued together for bad purposes. For instance, the presiding Judge, McKinstry, could have had no personal prejudice or enmity against the author, and in his heart might have rejoiced over the dissolu- tion of the clan, but his palpably reprehensible conduct on triai furnishes convincing evidence that he was influenced by other considerations than those of law and justice. To this fact Dr. Bevell, one of the impaneled jurymen on the case, had his eye turned in the references to the Judge's conduct and political considerations, which references will be found in his letter published in another part of the work. On the days of trial the notorious character of this said Shocraake was made public and manifest. He was the princi- pal witness relied on in the prosecution. Another, equally infamous, as demonstrated by the most satisfactory of testi- C— 2 18 INTRODUCTION. mony, by the name of Bentonville Taylor, was brought from afar in rags and poverty, and sent back ia costl}'' attire with money in profusion. Does the impartial judgment require anything more to produce conviction of the shameful features of the prosecution? If so, he will find much more before he gets through the particulars of the trial. Added to this, the almost universal outburst of sympathy in behalf of the author, with letters of condolence from distant parts, all of which will be found in the proper places of the work. Under circumstances so adverse it is not to be expected that Copeland, in his confession, could give more than a small frac- tional part of the transactions of the whole clan. Since then a number and variet}^ of interesting matters have been collected from the most authentic of sources, and will be found in the appropriate place of this pamphlet. The subject of crime opens an almost inexhaustible expanse for exi)atiation. An elaborate treatise on its causes and reme- dies is too prolix for a work of this nature — only a few passing observations on this theme will be found interspersed, which are relevant and have a direct bearing on the main topics discussed . And now, in closing this introductorj- part, the author wishes the public to understand that he has no personal animosity against those who so wrongfully deprived him of his liberty, ruined him with expenses, and encompassed his life in so many intricate waj'S. He has not indulged in any revengeful pas- sions, but has endeavored to strictly confine himself to the unprejudiced and impartial province of the historian and biog- rapher — according merit where due. and with propriety denoun- cing crimes, corruptions and unhealth}' conspiracies whenever they come in the way. And, if in so doing, he is to endure a repetition of persecutions and prosecutions, with fresh dangers added, he will try to bear them with all the fortitude he can command, with the hope that the peaceably and honestly dis- posed parts of the community will rally for the pulling down the edifices of vice, and for establishing a better, a purer and a healthier condition of society. PREFACE. The number of years during which the Copeland and Wages Gang of Land Pirates pursued a successful career of robbery, incendiarism and murder in the United States; their final dis- memberment, disgrace and violent end at the hand of retri- butive justice; and the stern moral lesson taught by their histor}^ and fate, have induced the undersigned to publish the confession of one of the leaders of the gang, as made by him- self, in anticipation of his death at the hands of the hangman. Its accuracy may be relied on; and indeed it is hardly possible to doubt the truth of its statements, so minutel}-, consecutively and clearl}^ are the}' related, and so consonant are they with the various localities and the characters of the men. This confession was given to me, principally by the aid of copious memoranda which Copeland had kept for 3'ears in his diary, and which material!}' refreshed his memory. James Copeland, the subject of this memoir, was born near Pascagoula river, in Jackson county. Miss., on the ISth day of January, 1823. He was the son of Isham Copeland and Rebecca Copeland, his wife — formerly Rebecca Wells. The parents had resided for many years near Pascagoula river. Isham Copeland was a farmer in easy circumstances, with a good farm, several negroes, plenty of horses and mules and 20 PREFACE. • Other live stock ; and, in fact, he might be said to hare every- thing about him that a family in moderate circumstances could require to enable him to live comfortably. He was the father of several sons; but, alas! this, -which is by most men deemed a blessing, proved to him a curse; and after encountering many trials in youth and manhood, just when he thought to enjoy the peace and repose of old age, his son's misconduct drew on him many severe reverses of fortune, and finally drove him to the grave broken hearted. J, R. S. PITTS. LIFE AND CAREER JAMES COPELAND, THE SOUTHERN LAND PIRATE, AND HIS INTIiVIATE ASSOCIATES, AS BELATED IN DETATL, BT HIMSELF, IN PRISON, A FEW DAYS BEFORE HIS EXE- CUTION, TO DB. J. E. S. PITTS, THEN SHERIFF OF PERRY COUNTY, MISS. When I was about ten or eleven years of age, my father sent me to school, and I went at intervals from time to time, to sev- eral good teachers. I might, with proper training and man- agement, have received a liberal education. My father often insisted, and urged it upon me to study and try to obtain a good education, and he told me that he would send me to school as long as I wished to go. But being misled by my as- sociations with bad compan}^ I was engaged, instead, in study- ing mischief, and other things no way profitable to myself or advantageous to youths. It was my misfortune, that my dis- position led me on to study how to cheat, defraud and swindle my comrades and school-mates, out of their pocket-knives, their money or anything they might have, which I wanted, and I was generally successful in my undertaking. If I could not effect my object in one way, I would resort to some other, and finally obtain it before I stopped. Indulging in this rude and mischievous disposition, I naturally became more hardened, 22 LIFE AND CAREER OF and when at school, it was my delight to see the scholars whipped or otherwise punished, and I would often tell lies on any of them that would displease me, so as to cause them to get a flogging; and very often I would tell a lie on an innocent scholar, so as to clear a favorite and guiltj^ one, and have the innocent one punished. It most generally happened, that I managed my villiany so as to get clear; it sometimes hap- pened, however, that I got punished. This I did not care for any longer than the punishment lasted. So soon as I was re- leased, I would commit a worse misdeed than the one I was chastised for, and any of my school-mates that were the cause of my punishment, I was certain to wreak mj^ vengeance on, by having them punished in some waj'. From my bad conduct in school there was no teacher that would permit me to go to his school long at a time, and whenever I had any difficulty with my teachers, my mother would always protect and indulge me in what I would do; and being so indulged and protected, this excited me to commit crimes of greater magnitude. And I am frank, here to sa}^ that my mother has been the principal and great cause of all my crimes and misfortunes, by stimu- lating me to the commission of those deeds that have brought me to what I am. When I was about the age of twelve j'cars, my mother one day sent me with a sack to a neighbor's house (Mr. Helver- son's), to procure some vegetables or greens. I communicated my errand to Mrs. H., who told me to go to the garden and take what I wanted. I had no knife with me. I asked Mrs. H. to loan me a knife, which I knew she had, and she pulled out a very pretty little knife from her work-pocket, and told me not to lose or break it, for it was a present made to her by a friend. This I listened to and promised her that I would be careful. Now, while I was in the garden procuring vegetables or greens, my whole mind and wits were emploj'cd in devising some mode by which I could cheat the lady out of her knife. Finally, after I had procured my vegetables and placed them in the JAMES COPELAND. 23 sack, I put the knife in the bottom of the sack; I then returned to the house, and told the lady that 1 laid the knife down in the garden, and had forgot the place and could not find it; I asked her to go with me and help me hunt for it, which she accord- ingljr did, and we both hunted diligently, but to no effect. The lady was very anxious about her knife and much regretted its loss, while I was all the time laughing in my sleeve, to know how completely I had swindled her. This trick of mine passed off very well for a time. It was, however, found out that I had the knife, and that created some noise and trouble. I was ac- cused of stealing the knife. But I denied all accusations and stated that I had bought the knife I had, in Mobile, and proved it by my mother, who always upheld me in my rascality. This may be said to have been my first successful feat in stealing, although 1 was in the habit of stealing little frivolous things from the school boys, before that time. My father living a very close neighbor to Mr. Helverson, whose family is related to ours, their stock run together in the same range. My. next onset in stealing was from Mr. H. again; he had a lot of very fine fat pigs, and these were at that time selling at a high price in Mobile. M}^ brother Isham (nicknamed Whinn) and myself geared up a horse in a cart and started, pretendingly for a camp hunt to kill deer and haul to Mobile. We went a short distance that night and camped. During the night we went to Hclverson's hog bed, and stole a cart load of his finest pigs, fifteen in number, hauled them to Mobile and sold them at two dollars each. Although Mr. H. was satisfied in his own mind that we had stolen his pigs, yet he could not prove it; and I escaped again. So I was stimu- lated with mj' success, and being still more encouraged and upheld by ni}^ mother, and not exceeding fourteen years of age, I believed that I could make an independent fortune by thiev- ing, and became insensible of the danger which awaited me. A short time after the incident just related had transpired, I m-ade a- second rake upon Mr. H.'s pigs. But in m}^ second 24 LIFE AND CAREER OF adventure, I was not so fortunate as I was in the first, for Mr. H. rather got me that time. The proof was sufficiently strong, and I was prosecuted, for the first time, for pig steal- ing. Well knowing my guilt as I did, and the evidence against me, I thought my case extremely doubtful. I was arrested by the sheriff of Jackson count}', and had to give bond to appear at the Circuit Court of Jackson county, to answer an indict- ment preferred against me by the State of Mississippi, for the crime of larceny. The bond required me to attend the Court from term to terra, and from day to day, until discharged by due course of law. My poor old father employed the best counsel to defend me, that could be obtained in all the countr}'. This cost the poor old man a large sum of mone3\ M}- counsel, after learning the facts of the case, advised me that my only chance of acquittal, was to put off the trial as long as possible. This he did from term to term, in hopes that something might occur to get me acquitted. I well knew if my case should be brought to a hearing, I would be convicted, and I dreaded the consequences ; for I knew that there would then be no chance on earth to prevent m}- being sent to the penitentiar}*. Fully sensible of my situation, young as I was at that time, it became necessary for me to devise some plan to get out of the scrape, and I reflected tor weeks how to manage this mat- ter. One day, in a conversation with my mother and some other confidential friends, she and they advised me to consult Gale H. Wages; and my mother said she would send for Wages and see him herself, as he was a particular friend of hers. This she accordingly did, and he came to our house. There were several of the clan at our house then, though I did not know them at that time as such; but my mother did, as I afterward found out when I joined them. Among the many plans proposed b^^ the clan, none seemed to suit my mother or Wages. Some were for waylaying and killing the witnesses; some for one thing, and some for another. Finally Wages made his proposition, which was seconded by my mother. This JAMES COPELAND. 25 was the proposition I liad been waiting to hear, for ray mother told me that whatever plan Wages would pursue, he would be certain to get me clear. His plan was, that we should, in some way or other, endeavor to have the Court house and all the records destroyed, and so destroy the indictment against me. By that means there would be nothing against me, and I should be acquitted, as no charge would rest against me. With this plan I was highly pleased, and much elated with the idea that I had a friend fully able and competent to bear me out, and who would stand up to me at an}' and ali. hazards, and bring me out clear. Wages pledged himself to me in pri- vate to do this, and he was as good as his word. We set a time for the accomplishment of our design, and we accord- ingly met. The precise date I cannot recollect, but it was a dry time, and a dark night, with a strong breeze from the North. After procuring suflicient dry combustibles, we en- tered the Court-house, went up stairs, and placed our combus- tibles in the roof, on the windward side of the house. Wages went down -stairs to patrol around. After reconnoitering around sufficientl}', he gave me the signal, by a rap or knock on the wall; I immediately sprung open the door of my dark- lantern, applied the match, and made ni}^ escape down stairs, and Wages and myself left the place in double quick time. We halted on an eminence some live or six hundred yards to the southeast of the Court house, to watch the conflagration. Such a sight I never had before beheld. The flames seemed to ascend as high, if not higher than the tops of the tallest pine trees; they made ever3'thing perfectly light for over two hundred yards around. After the Court-house, records and all were completely consumed, and the flames had abated and died awa}', we took pur departure for home, rejoicing at our success in the accomplishment of our design. There was a great deal of talk and conjecture about the burning of the Court-house, and we were accused — at least, I was strongly censured, but there never was an}' discovery made, nor any 26 LIFE AND CAREER OF proof sufficient to get hold of either Wages or nn-self; so I again got clear of a crime of which I was guilty and for which I ought to have been punished. The assistance, advice and p."otection I had received from Wages, gave me the utmost confidence in him, and he had un- bounded influence over me; I looked on him as m}' warmest and most confidential friend, and I eventually pinned my whole faith on him and relied upon him for advice and directions in everything. Although a villain, as I must now acknowledge Wages was, yet he had some redeeming traits in his character. At his own home he was friendl}', kind and hospitable; in company, he was affable and polite; and no person at first ac- quaintance, would have believed for one moment, that he was the outlawed brigand that he finally proved himself to be; and I firmly believe he would have spilt the last drop of blood in his veins to protect me; yet I must say that he was the principal author of my misfortunes, and has brought me where I am. After the burning of the Court House, the intercourse be- tween Wages and myself became more frequent. We became strongly allied to each other, and confidence was fullj' establish- ed between us. Wages one da}' made a proposition to me; to join him, and go with him, alleging that we could make money without work, and live in ease and genteel style; that there were a great many persons concerned with him, in diflJ'crent parts of the country, some of them men of wealth and in good standing in the community in which they lived; that they had an organized Band that would stand up to each other at all hazard; that they had a Wigwam in the city of Mobile, where they held occasional meetings ; and that they had man}' con- federates there whom the public little suspected. To this prop- osition I readily acceded; it corresponded with my disposition and idea of things, and then, being the age I was, and stimu- lated b}' my past success, I feared nothing. I went to Mobile with Wages, and- there he introduced me to JAMES COPELAND. 27 some of his comrades, who were members of his Clan, They accordingly held a meeting at their Wig ivam, and I was there introduced by Wages, (who was their president,) as a candi- date for membership, I should have been rejected, had Wages not interceded for me. I was finally passed and admitted to membership. Wages then administered tome the oath, which every member had to take. I was then instructed and given the signs and pass-words of the Clan; and above all was cau- tioned to keep a watchful eye, and not to let any person entrap me; nor let any person, under pretence of belonging to the Clan, or wishing to join, obtain in any way information from me in relation to the existence of the Clan, or their plan or mode of operation. The oath was administered on the Holy Bible. (Oh! what a profanation of that good book!) The form of the oath was: "You solemnly swear upon the Holy Evangelist of Almighty God, that you will never divulge, and always conceal and never reveal any of the signs or pass-words of our order; that you will not invent any sign, token or device by Avhich the secret mysteries of our order may be made known; that you will not in any way betray or cause to be be- trayed any member of this order — the whole under pain of having j'our head severed from 3'our body — so help you God." Wages was President and Chief of the Clan. All important business of the Clan was entrusted to his care. He called meetings, gave all notices to the Clan for their gatherings, and when assembled he presided in the chair. In all matters, he had the preferred right to introduce resolutions for the benefit of the Clan. There were present at this meeting, Charles McGrath, Vice- President; McClain, Secretary; John Eelva, Henry Sanford, Richard Cabel and Sampson Teapark, Vigilant Committee; William Brown, of Mobile, Tyler. After I was thus initiated, and invested with all the signs, words and tokens, and full}' instructed in the mysteries of the Clan, I was taught their mode of secret correspondence, by 28 LIFE AND CAREER OP means of an alphabet or key, invented by the notorious Mur- rell, of Tennessee. I was furnished with the alphabet and ke}', and in that same m^^stic writing I was furnished with a list of all the names that belonged to our Clan, and a list of several other Clans, that ours was in correspondence with, their several places of residence, and the locations of their Wig- warns; so that when we stole a horse, a mule, or a negro, we knew precisely where to carry them, to have them conceal- ed and sold. After I had been thus fully initiated and had become identi- fied with the Clan, Wages and McGrath, knowing my abilit}', and that I was a keen shrewd and cunning lad, took me under their immediate special charge. We had a rendezvous at old Wages' about twelve miles from Mobile, and another at Dog River, about the same distance in a different direction. We ranged that season from one place to the other, and sometimes in town, stealing any and everything we could. Sometimes killing beef, hogs and sheep, hauling them to town and selling them; sometimes stealing a fine horse or mule and conveying it to some of our comrades to conceal; and occasionally a ne- gro would disappear. All this while, we pretended to be en- gaged in making shingles, burning charcoal, and getting laths and pickets, each for himself. We alwa3's managed to furnish the family with all the meat they could use. We worked on in this way until late in the summer or early in the fall of 1839, when most of the inhabitants had left the city; and we having six of our Clan then employed as City Guards, we rallied our forces and Wages ordered a meeting. It was there resolved that we should prepare ourselves with boats and teams — the boats to be stationed at a particular wharf in Mobile, on a certain night, and the teams at a land- ing named, on Dog River the next night. It was also ordered that we should assemble at our Wig-wam on the first night at seven o'clock. The meeting then adjourned. The promised evening came, and every member was punc- JAMES COPELAND. 29 tual in liis attendance. It was a full meeting of the Clan. We all rigged ourselves out with false moustaches, some with false whiskers, some with a green patch ouer one eye, and many of them dressed like sailors, and thus fitted out and disguised, we were ready for action, with all kinds of false keys, skeleton keys, lock picks, crow bars, &c. At nine o'clock the City Guards turned out, and by a previous arrangement, those of our comrades who mounted guard, were on the first watch. They immediately sent two of their number to inform us where to make the first break. They had reconnoitered previously and knew what places had the richest and most valuable goods, and they had also procured false keys for several stores. Thus armed, each man with his revolver, bowie knife and dark lan- tern, about ten o'clock we started out. Our first break was a fancy dry-goods store which we opened with one of our kej-s. We took over $5,000 worth of goods from that store, fine silks, muslins, &c. We next entered a rich jewelry store, and made a clean sweep there. There were no fine watches; we got Bome silver watches and two or three gold watches, left, we supposed, to be repaired. Our raise there was about four to five thousand dollars. Our next break was on a large cloth- ing store. There we took $3000 worth of the finest and best clothing. While we were at this, some of the clan were pack- ing off and storing in their boats. We had procured two butch- er carts, which would stand a short distance off and our men packed and loaded the carts, which they hauled to our boats. About half-past eleven o'clock, knowing that there would be a new guard out at twelve o'clock, we dispersed and set fire to each of the stores we had robbed. Soon there was the cry of fire; the wind commenced blowing, and the fire spread rapidly, Our Clan now commenced operations anew; we seized and carried out goods from any and every store we came to, still retaining the carts. We kept them constantly employed; and before daylight we had loaded two large, swift boats, and had a large quantity of merchandise in a "wood fiat." A little be- 30 LIFE AND CAREER OF fore daylight, we left with our boats for Dog River. We ar- rived there about eight o'clock, ten miles from the city, and went up the river to our landing place, where we secreted our goods until that night, when we had our teams at work, haul- ing off and concealing goods, which we finally accomplished the second night. Wages then ordered a meeting of the clan, and punctual attendance was required. The object of this meeting was for a report from each member of the amount of goods he had obtained, so that an equal distribution might be made. From the report then made, we had procured over twenty-five thousand dollars worth of goods of almost every description. We had an abundant supplj' of gix)ceries and liquors. Our friends in the cit}' had a bountiful supply of almost everything. We made a division of our plunder, and Wages, McGrath and myself got for our share about six thou- sand dollars worth. We were permitted to select the finest and most costly goods, such as the jewelry, fine silks, muslins etc., which we could carry in our trunks. Having properly stowed away our etfects, we took a trip from Mobile to Florida by wa}' of Pensacola, carrying with us some of the jewelry, watches and dry goods. We traveled from Pensacola through Florida, with our pack of goods, as pedlars, each taking a different route, and all to meet at Apa- lachicola on a certain daj'. Wages went the middle route, McGrath the southern route,' and I went the northern route. I traveled some distance, occasionally selling some of my plunder. I eventually arrived at a very rich neighborhood, near the Chatochooca river, not far from the Alabama line. There I soon disposed of most of my goods. I fell in with a house where a very rich old widow lady lived^ She bought a good deal of my jewchy and other goods for her two young daughters. I pretended to be sick, for an excuse to stay there. This lady had a ver^^ nice mulatto girl about seventeen years old. During the time I was there pretending to be sick, I made an arrangement with this girl to run away JAMES COPELAND. 31 with me; I promised to take lier for a wife, and carr}' her to a free State. She was to meet me on a certain night at the landing on the river, about one mile from that pUiccs I left the house pretending to go to Columbus, Ga., and traveled up the river some thirty miles, where I stole a canoe. 1 procured some meat and bread and started down the i-ivcr. On the night appointed I was at the landing, and about ten o'clock the mulatto girl came. She had provided bed clothing and provisions in plenty. I then started down the river with my girl. We went about thirty miles that night, and Jay by in the river swamp all next day. The next night we made about fift}^ miles down the river. The third night we reached Apa- lachicola, two days previous to the time appointed to meet Wages and McGrath. I landed a short distance above town, and left my girl in a swamp just after daylight, and then went to the city. In looking around I fell in with John Harden, he being one of our clan . He soon gave me an introduction to a place where I could conceal my girl, and stay myself. The next day McGrath arrived; I met him in the street, and gave him a sign to follow me to our rendezvous. I showed him my girl and told him the way I had got her; he then told me that he had stolen a likely negro fellow, and had him concealed in a swamp about four miles from town. After dinner, and a little before night, McGrath and I went out to the swamp, brought in his fellow, and concealed him at the same place where my girl was. The next day about eight o'clock Wages came up; we were all on the lookout for him. We gave him a hint to come to our place. We showed Wages what a raise we had made; he then told us that he had stolen two negroes and two fine horses, and that they were concealed in the swamp about five miles from town. In fear of pursuit he said we must leave instauter. We made an arrangement with Harden and our landlord to take the horses. They gave Wages twenty-five dollars a piece for the horses, and our board bill. That night 32 LIFE AND CAREER OF Wages and Harden went out to the swamp; Harden took the horses and left, and Wages brought in his negroes £ind placed them with ours. That night while Wages was gone after his negroes McGrath and I went to a coffee house, and while there we met some Spaniards that had a little schooner there, and which was then loaded for New Orleans. We made the arrange- ment with them to carry us and our negroes to New Orleans, returned to our place, and had everything prepared. About ten o'clock Wages came in with his negroes, and we all went on board the vessel, which weighed anchor and sailed down the bar. Next morning the captain cleared his vessel, and by ten o'clock we were over the bar and under way, with a good breeze. On the second night, a little before day, we landed at the Pontchartrain railroad, and left in the first cars for the cit}'. We went into one of our places in the city, got breakfast for ourselves and negroes, and at nine o'clock we left in a steam- boat for Bayou Sara. We landed there, crossed the river and went to one of our clan — a rich planter — where we sold our negroes. I got one thousand dollars for my mulatto girl; McGrath sold his fellow for eleven hundred dollars, and Wages sold each of his boys for nine hundred dollars. We took our money and left for Mobile. My girl made considerable fuss when I was about to leave, but I told her I would return in a month, and rather pacified her. I must here acknowledge that my conscience did that time feel mortified, after the girl had come with me, and I had lived with her as a wife, and she had such implicit confidence in me. My conscience still feels mortified when I reflect how much better it would have been for me to have kept her and lived with her than to come to what I have. On our way to Mobile wc stopped in New Orleans three or four days. During our stay there was one fire. We made a small raise on that of about one hundred dollars each. McGrath came very near being caught by attempting to make a second haul. We left next day for Mobile i landed at Pascagoula, and JAMES COPELAND. 33 walked home by land, with our money and the small amount of goods we had stolen in New Orleans. We then deposited our money, and gathered all the balance of our fine goods that we had stolen in Mobile at the great fire, and what we had stolen in New Orleans, and prepared our- selves for a second tour. We had realized about four thousand five hundred dollars, which we hid in the ground, and we took each of us about one hundred and fifty dollars for our expenses, and an equal share of the goods. On the 25th day of March, 1843, Wages, McGrath and m3'self left Mobile bound to Texas; we went to New Orleans, where we landed the next day. We remained there about three days and sold a great quantity of our goods, such as were too heavy to carry. While we were in the city Wages won about seven hundred dollars from a Tennessee corn dealer by the name of Muiphy. McGrath and myself Lad lost about one hundred and fifty dollars each. We left New Orleans, went up the Mississippi, and landed at the house of an old friend that belonged to our clan. His name was Welter. We spent one day and night with him; we had seen him in the city a few days before, and were invited to call, but when we approached his residence we all pretended to be entire strangers. This was a strict injunction upon our clan — when traveling never to meet any of our comrades as acquaintances, but alwa3-s treat them as entire strangers, that we had never seen in our life. Wages pretended to have some business with the old gentle- man, and introduced himself, McGrath and raj^self under ficti- tious names. The old gentleman had two very nice genteel daughters. They were sociable and refined, well educated, and highly accomplished Qvery way; he was wealth}*, and had a good reputation in his neighborhood, and no one would for one moment have suspected him of belonging to our clan. But I afterward learned from Wages that this old gentleman had belonged to the Murrell Clan for many years; and that was what carried Wages there, to get some information relative to 34 LIFE AND CAREER OF some negroes that had been stolen and carried to Louisiana near the Texas line. Wages also informed me that this same man made all his property by stealing and kidnapping negroes from Kentucky, Tennessee, Virginia, Ohio, Indiana and Illinois. Having obtained the information we wanted, we made prepara- tion to leave. We offered to pay our fare, but this was promptly refused. We were well entertained; the old gentle- man furnished us each with a flask of good brandy, and, after thanking him and his family for their kind, hospitable treat- ment, we bid adieu, and took our departure for Texas. We got on a steamboat and went up the Mississippi to the mouth of Red rivei', and up that river to a landing called the New Springs. There we paid our passage and went on shore, each with his pack and his double-barrel gun. We stopped at a house about one mile from the river, where we called for our dinner, which we got. and we all remained there until next day, during which time we sold a considerable amount of our goods at that house and in the neighborhood, which made our packs much lighter. We left next day, stopping at all houses, and selling our goods, which we did at a rapid rate, as we had stolen them and were not sufficient judges of their value ta know what price to ask, and in consequence we often sold them at one-half their value, and so soon got rid of them. Having disposed of the principal part of our goods, about the fourth day after we left the New Spring lauding, we were approa(;hing the prairie county on the Texas border. We pro- vided ourselves with bread and salt; we had ammunition. Shortly before night, we came to a small piece of woodland, by a ravine. There was a large drove of cattle of all sizes there ; McGrath shot a very fat two-year old heifer ; we skinned the hind quarters and tenderloin ; we built up a fire, salted some of our meat and roasted it by the fire and feasted sumptuousl3\ The wolves came near our camp and made a dreadful noise, but at daybreak we shot and killed three and the balance ran off. They had devoured all the heifer's meat, but we had provided JAMES COPELAND. 35 sufficient for our journey that day. We set out and traveled in a direction to find a settlement, then made about twentj'-five miles south of Shreveport. That was the place where "Welter had told Wages that the negroes were, that we were after. We traveled about thirty miles that day, and suffered very much for water. We reached a settlement a little before night, on some of the waters of the Sabine River. It was the residence of some stock keepers ; there were some three or four families, and some fifteen or twenty Mexican drovers, and horse thieves; they had just been to Natchitoches, and had a full supply" of rum ; a few of them could speak English. We quartered with them, and that night we opened the little remnant of our goods and jewelry, and had a general raffle. B}- the next day we had realized from our raffle, sufficient to purchase each of us a good Spanish saddle and bridle, and a good Texas horse. We learn- ed from one of these Mexicans the residence of the man who owned the negroes that we were after, and we also learned that he and his family were strict members of the Methodist Church. Now it was that one of us had to turn preacher, so as to recon- noiter around the place. Wages and I put that on McGrath. We all mounted our horses and started, having p'-ocured plenty of lassoes, vkc, McGrath being an Irishman and his tongue tippCvl with plent}' of blarne3\ We traveled for two days ver}^ moderatel}', and, our chief em- plo3-meut was drilling McGrath, how to pray and sing, and give that long Methodist groan, and "Amen." He having made considerable progress, we went to Natchitoches. McGrath entered that town b}' one road, and Wages and myself by an- other. McGrath went among a few of his brethren that evening. To our astonishment it was posted at every corner, that the "Rev. Mr. McGrath, from Charleston, South Carolina, would preach at the Methodist Church that evening, at half-past seven." We attended church. McGrath took his stand in the pulpit. He made a \evy genteel apology to his audience, say- 86 LIFE AND CARIEK OF ing he was much fatigued from his travel; thot he had caught cold and was very hoarse and could not sing; but he read out the hymn. It was: "Hark trom the tombs a doleful sound,'^ One old brother pitched the tune to Old Hundred, and they all chimed in, Wages and mj^self among the rest; Wages sangbasa and I tenor, and we all made that old church sound like distant thunder. After singing, McGrath made a ver}- good but short prayer; he then took his text in the 16th chapter of St. Mark, at the verse where Mary t,he mother, and Mary Magdalene found the stone rolled from the door of the sepulchre. "And he said unto them, Be not affrighted; ye seek Jesus of Nazareth, who was crucified; he has risen; he is not here; behold the place where they laid him." He read several Verses in that chapter, and then made some very good esplanations relative to the parables, and prophesies on the coming of the Messiah; and the m^^sterious way in which he disappeared, and •«yound up his discourse by telling the audience that he had been a great sinner in his young days, that it had been but a few 3'ears since the Lord had called him to preach, and he thanked his God that he was now able and willing to la}" down his life upon the altar of God; he then raved, and exhorted all to re- pent and turn to God; and after raving about half an hour called all his hearers that wished to be jjrayed for to come forward. The whole congregation kneeled down; he prayed for them all, and finally finished, sang another h^-mn and dis- missed his congregation, and we all retired. Wages and myseT to a' gaming table, and McGrath with some of his brethren, Kest day the members of the church there Waited on McGrath to know what Avas his pecuniary situation . He told them that he was very poor, was on his way to see a rich relation of hisj about two hundred miles from there; that he carried his gun to keep off wild beasts, etc. They made up mone}' to bu}' him a fine suit of black, a new saddle and saddle-bags and fifty dollars in cash. We remained there two days, when McGrath loft. Wages and I left by another road. We all met a sJiort JA3IES COPELAND. 37 distance from town and made the proper arrangement for our operations. McGrath was to go on to the house of this man that kad the negroes, and there make what discoveries were necessary. He was to join Wages and myself at San Antonio on the first day of September following. Wages and I left in the direction for the Red Land on the Irish bayou. POISONING THE OVEESEES. A few days after we passed the residence of an old 'bachelor who had a large number of negroes; he was absent at Natchi- toches and had left his overseer in charge. We stopped there, and remained two days; we procured some whisky from a grocery store a short -(listance oil'; prepared some of it with poison, and induced the overseer to drink freely. We gave iiim a full dose of the poison, and before day on the third morning he was dead. Meanwhile Wages aiid I had mad« arrano;ements to steal a likely negro woman and two young negroes, a bo^^ and girl, .about ten years of age, besides two of the finest horses on the place. We sent out runners to let one or two of the neighbors know that the overseer was dead; we had our negroes and horses concealed about five miles distant, and about sunrise we •offered to pay our bills and left, pretending to go to New Orleans. After we had got out of sight of the plantation we made a cir-cuit and went to the place where the negroes and horses wer« concealed. Having provided ourselves with pro- visiocs, we remained secreted at that place all that day. That Slight we started with our negroes and horses. Wages took the lead; our horses and negroes were all refreshed. We traveled a brisk gait all that night and till next daj- at nine or ten o'clock. We suffered greatly for water, having met with iione after midnight, until we stopped at a small creek. We had passed no houses after daylight. After we stopped vre stripped our horses, gave them water and hampered them to graze; we got water for ourselves and negroes, and took a 38 LIFE AND CAKEEK OF little spirits we had, ami eat the balance of oijr prorisiorja After we had rested a little while, Wages took his gim and went up the creek in search of game; I took mine aiid went to the road we had just left, and went on rather dov/n the creek. At the distance of about two miles I came to a plantation. 1% was an old stock place, inhabited b}' some of the old Creole settlers that had lived there in Spanish times. I inquired the distances and courses of the countrj-. The}' told me it was- about fort}- miles to the first river, and that there was but one settlement on the road where we could get water for ourselves and horses, at about twenty-five miles. After I had got this information I purchased some bread and potatoes and a small piece of dried beef, and returned to our camp. Wages had killed a fine deer, and he and the negro woman were roasting a fine piece. We fared well that day. That night about dark we left our camp, provided with provisions for two days. A little after midnight we reached the first water. A little before daylight we reached some settlements and woodland; we traveled a short distance and came to a small, deep river. "We there found a ferry fiat and some small boats. We took the flat and cairied our horses and negroes over; took the flat back, and took a small boat, and Wages and I crossed to our horses and negroes. B}' this time we could discern the appear- ance of day. We mounted and traveled on; vfe could per- ceive we were passing several large plantations; by sunrise we had traveled four or five miles. We could see at a distance several clusters of woodland in the prairies. We made for one of them some distance from the road, which we fouad afforded sufficient shelter for that day. We found some water, but not plenty, and very bad; onr horses would drink but little of it. We stripped and hampered our horses to graze, took oui* breakfast and told the negroes to go to sleep. I went to sleep^ and Wages kept watch. About twelve o''clock I was awakened by the report of a gun . I rose up and found that Wages had shot a fat yearling beef. We skinned and saved the hind JAMES CQPELAND. 39 quarters and loin, and salted it a little and barbecued it. "While Wages la_y down and took a nap the negro woman and I at- tended to the meat. About an hour before sunset Wages awoke, and we all eat heartily. We eat the last of our bread and potatoes; our horses had finished grazing and were resting and about sunset we began to pack up for traveling, with plenty of meat and no bread. About dark we left our sheltered woods and started on the road again. We were then about one hundred and twenty miles from the place where we had stolen the negroes. We traveled on that night about thirty miles, and reached a large creek between midnight and day. We passed one or two plantations, and very little wvoodland. When Wages came to the creek he examined the ford and found horse tracks; he rode in first, went over and came back, «,nd took the bridle of the horse that had the two little negroes and led him safely across, and the negro woman and m3^self followed. We went on some seven or eight miles, and came to woodland and plantations again. Some of the plantations were rer}^ large. We continued traveling till da^'light; after day we passed several fine, large plantations. The sun was about one hour high when we came to a ferry on a large river. We called, and the ferryman was a negro; we inquired the distance from the last river we had crossed; he said sixtj'-three miles. The negro was a very intelligent fellow; we inquired particularly for San Antonio, and told him there was where we w^ere going. We inquired for several other places, and left; at a short dis- tance we found a place where we could rest, not far from a plantation . There Wages and myself procured some corn for our horses, the first they had eaten for several days. We also procured some bread ; after we had fed and rested our horses and slept some ourselves, a little before night we started again. We traveled that night about thirt3"-five miles, and stopped at a small creek and camped till dajlight. We then started, crossed the creek, went out a short distance and turned our course more to the east. We took a trail that led us down the creek. 40 LIFE AND CAREER OF We halted about noon to rest our horses, which by this time were much fatigued. Here we procured something for our- selves to eat. We were now over two hundred miles from the place where we had stolen the negroes; we here enquired for several places and where was the best place to locate. We wanted to find a rich neighborhood where there was good society, etc. We got directions for several places, among the rest the lower settlement on the Erases river. After we had rested, late in the afternoon, we set out, pretending to be bound for San Antonio, but we steered our course for the Brasos river, where we arrived the second day after. We quartered our negroes with a planter there and traveled around. We at length found a purchaser, some twent}' miles from the place where the negroes were. We delivered them to him and received the pay for them — sixteen hundred dollars. We took the horses about forty miles and sold one, and about thirty miles further we sold the other. We then went some distance and sold our own horses. We had realized from all our sales a little short of two thousand dollars. This was about the tenth of iMa}^ The money was principall}' in New Orleans Bank bills, and we had some gold and silver to pay oui' little expenses. We now steered our course for San Antonio, on foot, and reached there in about five days. We traveled leisurely, and procured some two-headed Texas gourds to can-y our water tlirough the prairies. After resting a day or two, we looked around to see how the land lay. We went into a stoi'e and bought two light Spanish saddles, with bridles and all the apparatus for ridings We put them up in a genteel package, and provided ourselves with provisions for two da3's. Each shouldered his pack, and we left San Antonio in the night, and steered our course west. We had traveled some ten or fifteen miles, when we stopped at a small creek and camped. Next morning we traveled on some twenty-five miles farther, when we came to a ranch©. JAMES COPELAND, 41 where there was a great stock of horses, mules, jacks, jennies and horned cattle. We hid our saddles before we approrched the place, and went up v.-ith our bundles of clothes and guns and asked for something to eat, which was given us — plenty milk and bread. Only one or two of the people could speak English, and that very indifferently. An old man, the head of the place, and his drover and herdsman, spoke the best English. We asked the old man to let us have a couple of horses and saddles, and we would go with him a hunting and take our guns; we told him we wished to see the country; he told us "3'es," and furnished us with horses. We spent a week or more with him. We killed plenty of venison to supply the whole ranche. MURDER OF THE TWO MEXICANS IN TEXAS. One day Wages told him that we wanted to go and camp out that night about twenty-five miles off; we would be back next night, and wanted one of his gentle mules to pack; he told us to take the mule and any horses we pleased, and helped us to pack up, with water, provisions and whatever we wanted. We started and remained out that night and the next, and returned the third day. We had seven fine deer in all; he asked what kept us so long — had we been lost ? We told him we had, and that while we were out we had met with an acquaintance of ours, buying horses and mnles, and that he had furnished us money to buy thirty good horses and thirty mules, if we could get them delivered at a certain place named, about one hun- dred miles from there. We showed him the gold we had, and satisfied him as to the money, which was to be paid on delivery of the horses and mules at the place mentioned. The horses and mules were selected, and the price agreed upon. Gentle lead and pack mules were selected, and everj,^ preparation was made for our departure. We were to go with him and return with him, so as to see that the contract was complied with . The day arrived and we set out with five mules packed, and 42 LIFE AND CAREER OP five gentle lead mules, with bells on, and a young half-breed Indian to assist in driving, and all of us mounted on the best of horses. We had managed to procure our new saddles and put them in their packs, on a mule that was set apart for us. Thus equipped, with plent}' of water and provisions, we set out a little after da3'light. Our travel that day was upwards of thirty miles, on account of having water. The next day was farther. We however made the two points . The next day our only stopping place was about twenty miles, and the next was thirt}' miles. This twenty-mile place appeared to be a dead lake or spring, with an underground discharge, with a few small groves of timber near b}', and several lakes or sinks 'in the ground, in the direction the water was supposed to run under ground. We left our second night's camp on the third morning, and arrived at the twent^'-mile place in the forenoon. We, as usual, stripped and hampered our horses to graze, eat dinner, and the old Mexican and his man lay down to sleep. Wages and I took our guns and went ofl', pi'etending to hunt. We killed a turkey and a prairie hen and a small deer. We cleaned our guns, wiped them out, loaded them with the largest buck-shot, took our game and went to the camp. While loading our guns, we made the arrangement in what way to dispatch our travel- ing companions, for that was the way we intended to pa_y for the horses and mules. So it was agreed that the next morn- ing, before day, we were to prepare some dry gass and have our guns read}-; Wages was to get up, wake me, and we were to set the straw on fire, to make a light to see the i^osition in which the two men lay. All that night I did not sleep one minute of sound sleep. The most awful and frightful dreams infested my mind all night, and Wages told me the next da^' that his sleep was dis- turbed in the same way, and he then regretted the act and wished he had not done it. JAMES COPELAND. 43 Wages r.ose in the morning and easily waked me, for I was not in a sound sleep. We took our guns; I crawled close to "where the young man lay, and got ray gun read3^ Wages was to lire first. He put his light against a small brush, and the old man partl3' waked and turned his face toward Wages, Avho fired the contents of one barrel in the old man's forehead. The 3"0ung man Avas lying with his back to me ; I placed the muzzle of my gun to the back of his head, where the neck joined it. M}- finger was on the trigger. At the report of Wages' gun, I pulled the trigger, and there was but little dis- tinction in the report of the two guns. Both men gave a suppressed, struggling scream, and expired. Our next work was to dispose of them, which we did by slinging them with ropes, swinging them on a pole, carrying them to one of the sink holes close to the camp, and bur3-ing them there. We deposited with them all the clothes that had any blood on them ; and with the hatchet thej^ had, we sharpen- ed a short pole and partially covered them with dirt. We next went to the camp and raked out with sticks and brush all the signs of blood, and took brush and dry leaves and built fires on the ground where we had killed them. All of this we had ac- complished by a little before sunrise. Our next work was to prepare to leave the place. We took the old man's fine massive silver spurs, his silver stirrups and silver bridle bits, his gold rings, sleeve buttons, etc., We took our new sa;ldle and bridles, and concealed all the old ones in the prairie, about five miles from the camp. After we had ar- ranged everything to our liking, we gathered our pack mules and packed them; herded up the lead mule and the drove; Wages mounted the old man's horse, and I the young man's, we tied our other two horses together and turned them in the drove, and all things being now completed, we set out about eight o'clock in the morning. We now had the sixty horses and mules and the ten lead and pack mules, the two fine horses of the old man and his servant, 44 LIFE AND CAREER OF and the two horses lie had loaned us to ride, which made seventy-four head in all, and a better selected drove of horses never left Texas. We pursued our journey that da}' very silent. Wages had but little to say and I had less. We had in our hurr}' and confusion forgotten to supply ourselves with water, and had but little victuals to eat that were cooked. About a quart of water in our gourds, was all we had for the day. We canae to the water late in the evening. We suffered very much for water that da}', as did our horses. We stripped and ham- pered them to graze, after they had got water, and then pre- pared some thing for ourselves. We had our turkey and part of the deer ; we built a fire and barbecued the game. After we had eat, Wages said he could not sleep, and told me to lie down and take a nap. I laid down, but could not sleep. Every time I would fall in- to a doze, the vision of the young man I had killed the liight before, would appear before my eyes, and I would s^art up in a fright. After several ineffectual attempts, I finally got up, and told Wages I could not sleep, and told him to try it. He laid down and was quite still for some time. All at once he scream- ed out "Oh! my God!" and jumped upon his feet. I called and asked what was the matter, and he declared that he saw the old man he had killed, standing over him, and that he plainly saw the shot holes in his head, and the blood running down his face. So we both set up the balance of the night. The next morning we started very early. About noon we came to a large creek where we procured plenty of water for ourselves and the drove ; we halted and rested awhile, and then pursued our journey with [^little delay, making the route as di- rect as possible for the mouth of Red River. We did not pass the settlement on Irish Bayou, nor Natchitoches. We arrived at the mouth of Red River and went down the river until we came opposite Bayou Sara, where we had our horses and mules ferried over. We went to a man living out from the river, and effected a JAMES COPELAND. 45 gale of all the horses, except the four saddle horses. We went up into Wilkinson County, Mississippi, where we sold all the mules, getting fifty dollars for each of the horses and an aver- age of seventy-five dollars for each of the mules. We sold the two saddle horses that Wages and mj'self rode before we killed the two Mexicans, for one hundred dollars each. We then shaped our cotirse for Natchez, and when within about tv*-euty miles of it, we effected sale of the two horses we were riding, to one man ; he gave Wages one hundred and fifty dollars for the horse the old Mexican had, and he gave me one hundred and twent3'-five dollars for the one I rode, and sent us in a carriage to Natchez, where we arrived about the last of June. We had realized on our trip that time about six thousand six hundred and seventy-five dollars. We had not been in Natchez long before a steamboat passed down and we went on board. We had preserved our saddles, bridles and all our traveling equipage. We landed at New Orleans, went to the bank and deposited all our money, but a few hundred dollars, which we retained in gold coin — two and a half and fl.ve dollar pieces. We remained in New Orleans to spend the fourth of July with our associates there. On the 6th of July, 1841, Wages and I left New Orleans and embarked on a small steamboat bound to Shreveport on Red River, taking with us our saddles, bridles and traveling equipage. In consequence of very dry weather Red River was Ver3* low. We had some delay in getting to Shreveport. We, however, reached there, and found some wagons traveling out to the interior of Texas. We made arrangements with them to haul our baggage, and we traveled vvith them part of the time, some times before them and some times behind. We kept with us our bridles and ropes or lassoes. About the fourth day after we left Shreveport, we started on before the wagons, and traveled some fifteen jto twenty miles. By noou we came to a settlement on the border of a small river, one branch of the Trinity, we supposed, and there rested and eat 46 LIFE AND CAREER OF some bread and meat. lu the evening we recoujioitered and discovered in the vicinity a large, newly settled plantation, a good number of horses and mules grazing around, and a large number of negroes about the place. Wages sent me to watch on the main road for the wagons, while he watched the horses and mules. About sunset a negro came to drive the horses and mules to their lot. Wages asked what his master's name was and what State he moved from. He told Wages his mas- ter's name was Smith ; and he moved from South Carolina. Wages asked if he was a good master. The negro said no; that he did not feed well nor clothe well, and that he drove hard and whipped hard. Wages then told the .negro, if he would come down that night to the ferty, which was about two miles off, he would give him a shirt and pantaloons and a dram. Wages then came to where I was stationed on the road, but the wagons had passed about one hour before. We hurried on and got to the ferry a little after dark. The wagons had just got over and were camped on the other bank. We called, and the ferryman let us over, and went to his house some distance off. We took supper with the wagons. After supper. Wages and I feigned an excuse to cross the river to batlie. We took with us a flask of whiskc}' and the shirt and pantaloons Wages had promised the negro, and crossed in the ferry flat. We made fast the flat, went up the bank and there we found the negro, true to his promise. Wages gave him the dram and the shirt and pantaloons. Wages then asked the negro if he did not want to leave his master and go to a free State. The negro said he did; that he had runaway three times in South Carolina and started to Ohio, but was caught every time. Wages then gave him another dram and asked him if iie could steal three of the best horses on iiis master's plantation, and bring them to that ferr}^ the next night of the niglit after. The negro said he could. Wages then told him, if he would bring the three horses and one bridle and saddle and go with us, that he would take him to a free State. Tbe JAMES COPELAND. 47 negro promised to do so, and said he could do it next night as well as any other time, and said he had two halters to lead with, and an old wagon saddle. We told him we had saddles and bridles. We gave him another dram and let him go, and we wet our heads and crossed over to the camp. Next morning we told the wagoners that we would stoj) a few days in the vicinit}', and rest awhile and hunt. We went on two or three miles, to the border of the prairie, and took out our baggage, among which we had two small three-gallon kegs of whiskey, one full, and the other with about one gallon in. We paid for hauling our things, bid the wagoners adieu, and they drove on. We shouldered our baggage, as much as wc could earr}'; went a short distance from the j'oad and concealed it; and went back and took the rest to the same place. We then took our flasks full of whiskey, our two gourds full of water, and some salt, and went about a mile on the edge of the prairie, where we buili a small fire. We next turned out to hunt meat. We could find plenty of cattle, but were afraid to shoot them so near the settlement, for fear of discovery before we had accomplished our purpose. We hunted some time and finally came in view of a small grove of trees, about a half mile distant. Wages and I separated ; I went on one side and he on the other of the grove, and we found a few deer there. We killed one small buck, which we took back to our camp and skinned and barbecued him, and eat, and prepared the rest to take with us We laid down for a nap and awoke about an hour by sun; and took our things to where we had the others concealed. About sunset we eat our supper, took our bridles, lassoes, guns, and flasks of whiskey, and started back to the ferr3', which we reachad about half an hour after dark. We concealed ourselves near the landing, until about nine o'clock. Wages then took the fevvy flat and went over the river; I remained on the same side to watch. If we discov- ered any person we were to make the noise of the swamp owl. Wages had been across about an hour when up came the 48 LIFE AND CAREER OF negro, with the three horses; Wages immediatlj took the negro and horses in the flat and crossed over. We soon put bridles on the horses and Wages mounted one and I mounted the oth- er—bare backed. Wages took the lead, the negro nest; and I in behind ; we both had our guns well loaded and both cocked, for fear the negro had betrayed us, and we were determined to kill with every load in our guns, if attacked. We soon arrived at the place of our baggage. Wages and I very soon saddled our horses and divided our baggage and gave a part to the negro. We then divided the whiske}"- and had about one gallon and a half in each keg; I took one and the negro one, and we tied them to our saddles with the ropes. We filled our two flasks ; Wages took our meat, and about eleven o'clock that night we all set out. Wages ahead, the negro nest and I in the rear, and I assure you we pushed from the word go, all that night, mostl}' through prairies. Some time before day we came to a settlement, and a little farther on we came to a small river. Knowing it must be very low, we determined to ford or swim. We started in; it was very deep. About the middle, we came to a gravelly bar. Wages halted, and said to us that he could see a ferry flat; he believed the water was very deep near the shore, and we must swim and try and land above the ferry fiat. He told me to take care of mj- gun and ammunition and to wait until he and the negro gat through and out. They started, and got to the bank. Such splashing you never did hear. Wages got out; the negro's horse bogged; he jumped off and took the bridle, and the horse got out. Wages then told me to bear up, which I did, and got through. We then got water, filled our gourds and took each a dram, mounted our horses and pushed on again till daylight appeared. Wages and I then consulted, whether to keep on or lay by through the day. We concluded it was safer to stop, conceal the negro and horses, and watch the road. We began to look out for some woodland, and about half an hour after sunrise JAMES COPELANt). 49 we descried woodland to the vfest, at some distance. We made for it) stripped our horses and hampered them to graze; took our dram, some water, and eat our breakfast on venison without bread, and Wages took his gun and went to watch the road, I took my gun and went west to hunt water. We left the negro to mind the horses; we took our flasks; each went his own way. I Walked about a mile and cama to some prairie land, and a short distance further I saw woodland and plenty of cattle and horses; I knew there must be water there. I hunted and found plenty, but it was very bad. In searching around, I found a flock of turkeys and killed two and cleaned and Washed them there and went back to the camp. The negro had been tasting the contents of his keg, as he said, to make it lighter, aud he was pretty tight; I told him he must stop that until we got further off; he said he would. We made a lire and roasted our turkeys. I told the negro to go to sleep, which he did. After he had slept his nap out, I laid down and told him to watch and wake me about two hours before sunset. We then put saddles on two horses and led one, and went with our gourds to the water. Our horses drank some; the negro drank powerfully — the whiskey he had taken down made his coppers a little hot. We filled the gourds and returned to camp, where we had dried all the traveling equipage, and we then packed and arranged everything, ready to travel when Wages should return. About sunset he came in and informed us that no person had . passed the road in pursuit of us; but that two men had passed the other way, and if we had kept on that daj^ we should in all probability have got ourselves in trouble, for these men said they were in pursuit of two thieves who had stolen two horses and three negroes on the Irish Bayou, in April last, and that the same thieves were suspected of having poisoned the over- seer Oh the same plantation. They told Wages they had trav- eled nearl}' all Texas; they had been to San Antonio, and all western Texas, and could ffet no news of the fellows. Wages C— 4 50 LIFE AND CAREER OF tlien told them that he had a family and resided about twenty miles from that place, on the next river they would come to, about ten miles below the ferry; he was looking for his horses; that he had removed from South Carolina; that he crossed the Mississippi river about the first of May, and had met two men witli two very good horses and three negroes, and thej'^ were near the river. He described the horses and negroes, and they declared they were the same that had been stolen. Wages then inquired if they had seen his horses. They said they had not. He then said to them : " Gentlemen, I have a little whiskey in my flask; will you take some ?" , They replied they would, if it did not disfurnish him. He told them he should return to a camp he had, about five miles off, where he had some comrades helping him to hunt his horses, and they had a little more there in a small jug. They drank. Wages then inquired of them about the country south and west of there, and about the roads and the water, etc. They told him it was fifteen miles to the first water — a lai*ge creek, but fordable; and that it was twenty-five miles to the next, and that was to ferry. Wages having obtained the information he required, offered them his flask again. The sun then was about one hour and a half high. He saw three men come riding from the same way we had come; the}^ were riding very fast; they rode up and inquired which way we were traveling. Wages told them he lived east of that about twenty miles; was hunting his horse. The other two men stated they were on the hunt of some stolen horses and negroes, that were taken from the set- tlement on Irish Ba3'ou, in April; that they had been through western Texas, and were now direct from San Antonio. The three men enquired how far the}'^ had traveled that day. They said from the last ferry, about forty miles. They then inquired if the two men had met an}^ person on the road. They replied no. One of the three then said that some person had stolen a negro and three horses from them the night before, and they were in pursuit of them, and they had seen signs where they JAMES COPELAND. 51 had swam the river, ten miles baclc . "Wages then told them that just after daylight that morning his dog hmi awakened him, and he looked some distance off and saw a white man and a negro on horseback, traveling a new road, in a southeast direction, and about twenty miles southeast from that place. The negro had a lead horse. Then Wages described to them the horses (which were the same we had). They said they were the same, and immediately turned their course. Wages gave them some directions and they all left. Wages then hurried to our camp as fast as he possibly could. On his arrival I could see that something was wrong; that he was irritated, and, I thought, alarmed. He was much ex- hausted for want of water; he took a little and a dram, eat a few mouthfuls of turkey and sat down. He told the negro to catch the horses, put the bridles on and hitch them, saddle his own horse, and have everything ready as quick as possible. The negro started. Wages then said to me: "James, I am more alarmed now than I ever have been since j-ou and I first started out in Alabama. Oar situation is truly a critical and dangerous one, and I am at a loss what to do." He then told me what information he had that da}^ received, and then asked me what I thought it best to do. I reflected for a few moments, and this idea immediately occurred to me, and I said to "Wages: "We must cross that forty-mile ferry before daylight to-morrow morning." Wages studied a few moments and said "agreed!" and we were not long in saddling up and packing all things, ready to ti'avel. We filled our flasks with whiskey, gave our negro a good horn, and drilled him as to the mode of travel. About dark we left our place of concealment. Wages took the lead, the negro about thirty-five yards be- hind, and I about thirty-five yards behind him, so as to evade an}^ sudden surprise. We soon reached the main road, and Wages pushed on at a fast gait. In about three hours we reached the fifteen-mile creek; here we stopped about three- quarters of an hour, let our horses drink and blow; we go 52 LIFE AND CaHEER OF water, eat some of our turkey, took a dram, and gave the negro one, filled our gourds with water, and about eleven o'clock we started again. Wages in the lead, and traveled until about three o'clock in the morning. We saw a light near the road; Wages stopped and came back to me to know if ho should ride up and inquire how far it was to the ferry. I told him no; that the best way would be to go round the fire and push on, which vrc did, and about two or three miles further we came to woodland and a plantation. We quickened our pace, and about one mile further, a little before four o'clock, we reached the ferr}'. Wages told me to strip off ray clothes and he would do the same. We stripped, and placed the negro in the bushes with the horses. We swam over and were not many minutes getting the flat over. We put on our clothes, took the horses and negro, and crossed over. Our horses drank, and the negro filled our gourds while we were crossing. We landed, made the flat fast, as we had found it, mounted the horses and left in a hurry. As we got out from the river we could see the appearance of day. Our horses we could discover were getting Ter\' much fagged. There was a farm at the ferry, and so we went out through a lane. We did not travel far before da}', and wc soon reached the outskirts of the woodland and came again to the open prairie. Wages then stopped and said we had better leave the road and laj'-by again. We left the road, and went in a westerly direction, up the river, on the border of the wood- land and prairie, about two miles, and then stopped. We stripped our horses and hampered them, as usual, to graze. Wages complained of being sick; was low spirited; I told him and the negro to lie down and take a nap. They eat some of my turkey, laid down, and soon went to sleep. I took a good dram and eat as much turkey as I wanted, and there was but little left. I then took my gun and hunted around a short dis- tance; I found We were not more than one mile from a plan* tation; I saw plenty of stock, hogs and cattle, but was afraid JAMES COrELAXD. 53 to shoot one so carl}' in the da}'; I liunted around for water, and above the plantation I came to the river, about one mile and a half from where our horses were. I went back to the camp; Wages and the negro were still asleep; the liorses had filled themselves and were lying down under the shade of a tree. I took another dram, a little Avater and laid down to rest. In about an hour Wages awoke and got up; said he felt better. I then related to him m}- discovery; he said we must be very- cautious, and told me to lie down aud take a nap. I showed him the direction where the ■water was, and he rode one of the horses at a time, until he gave them all water ; he then took the negro and they went and killed a small beef, and about sunset brought in the hind quarters. We soon had a fire of wood that did not make much smoke ; roasted as much beef as we could eat; cut up the balance and dried it; took with us what we could conveniently carry, and about dark set out again, not knowing where we would get the next water. Our salt, too, had given out. We traveled that night about twenty miles before we came to water, and that was a small creek that scarcely run, and had very little timber land about it. Wages said our safest course would be to conceal ourselves there until he could reconnoitre. We remained there until near daylight, gave our horses water and started. We soon struck the prairie, and again turned to the west and went some two miles along a trail to a piece of woodland, where we again stripped our horses and hampered them to graze. We built a fire and barbecued our meat. Wages then told me and the negro to lie down and sleep, aud he would take a look around. I went to sleep, and about twelve or one o'clock Wages awoke me, and when I opened my eyes there was another man with him — a large, dark-skinned, coarse-look- ing fellow. Wages introduced me to Mr. James; Wages had known Ben James for many j-ears. James then told me that he w^as settled there for the same business we were in, and that we would be safer with him than bj going on.; b^' remaining 54 LIFE AND CAREER OF with him we could rest and refresh ourselves and horses, antl that he would go with us to another of our clan, about one hundred miles from San Antonio, where our negro and horses would be safe until we left again for the Mississippi river. This other man's name was Scott, from Mississii^pi. James advised us not to sell the negro or horses in Texas; that there were pleut}^ of men in Texas who followed hunting and trailing theives and robbers, and that they had dogs of the blood- hound breed that would be certain to overtake us if they got after us. We went to James' place; concealed our horses and negro, and remained with him five days, during Avhich time Wages and I watched the road closely to see if any person passed in pursuit of us, particularly at the ford of the creek. James provided his family with meat and bread for the two weeks trip he intended to make with us. He advised us to leave the main road and go with him to the house of the man Scott. He piloted us through . We traveled the most of the way by night, and arrived at Scott's t'lC fourth night. After making the proper arrangement with Scott, we sent our horses out in the mountains and the negro to take care of them, with a man that Scott had employed for that purpose, for we under- stood afterward from James that they alwa3's had from one to two hundred head of stolen horses there, which it was the business of this man James to steal and drive and sell. We paid him fifty dollars for piloting us through. After we had rested and all things were arranged, Wages and I took our bridles and lassoes, with a few clothes in a small bundle, and left in a direction for San Antonio. It was now about the first of August. We traveled about twenty miles the first day; the weather was very hot, water was scarce, and we suff'ered a great deal. We changed our course so as to pass through a section of country where water was more plentiful, and on the evening of the second day we reached a setilement where there was plenty of water and the inhabitants were JAMES COPELAND. 55 thickly settled. At the house of a very respectable farmer we stopped and inquired if we could rest two or three days, and were told we could. A great many questions were asked us about our journey, where we were from, where we were going, and the object of our journey; to which we answered them we were South Carolina planters looking for good land; that we were large slave holders, etc., and that we came in summer and took it on foot leisurely to ascertain the health of the countr3\ We inquired if there were any churches in the vicin- ity, and were told there were none, but that traveling preachers sometimes preached at private houses. We were then in- formed that there was to be a large camp meeting about the middle of August about twenty miles from there. We at once agreed to attend, because we were almost certain we should meet McGrath there. We accordingly attended, and sure enough we met that reverend gentleman. Through some of the brethren we ob- tained an introduction to the Rev. Mr. McGrath, and after the preliminary conversation we became yevy strict members of the church. We obtained a short private interview with McGrath, and made an appointment for a private conference that night; and accordingly that night, after supper, preaching and prayer meeting were over and the patrol was out and stationed, and all things were still, McGrath, Wages and I went outside of the patrol lines to hold private prayer. No one suspected an^-thing. After we were alone IMcGratli inquired what success we had met with, and we related to him all we had done, in a con- densed form, which seemed to astonish him when we told him we had a negro and three line horses yet concealed and not dis- posed of. We then inquired his success. He had made a raise out of the religious brethren of about one thousand dollars, by begging, and they had paid for four fine horses for him, which was equivalent to about five hundred dollars more. He would sell his horse, saddle and bridle, and go to his congregation and tell them he had been robbed of his horse and all his money 56 LIFE AND CAKEER OF and clothes. The people would throw into the " hat," and buy another horse, and fit him out with new clothes and money. The horse he then had was given him about fil\v miles from there, and if we would steal his horse and hide him the breth- ren would soon give him another. \Yages did this the next night, and concealed the horse in the woods not far from a plantation, where he procured green corn to feed him, about five miles from the camp ground. • Next day there was fouud a piece of broken rope to the tree, and the preacher's horse was gone. There was a great noise aliout it. McGrath told the brethren he thought he knew the place the horse would go to, and that he could obtain him if he had another horse. They furnished him with one, which he was to return if he obtained his own. The one furnished was a splendid young horse. Wages, about an hour before sunset, would stroll off and go to where the horse was, and water and feed him about dark, and back to supper and then to prayer. The meeting lasted four days. The night before the meet- ing broke up, there was another preacher's horse that went the same way. He was a remarkable fine, horse, and belonged to an old preacher who lived about seventy miles from the camp ground. We now had ourselves again on horseback. It was then understcod between Wages, IMcGrath and myself that it would not be safe for us to go to San Antonio, and that we had ])etter leave Texas as soon as possible. We arranged with McGrath to meet us at Scott's iu three days. Wages and I called on some of the preachers to pra}' for us, announcing to them our departure on our exploring expedition on foot- Many of the brothers and sisters joined in this pra^-er. After receiving the benedictions of the elders of the church, Wages audi left about three o'clock. We had left our guns at a house about two miles distant from.jH^ camp ground. We took them, procured some bread' and meat, and a bottle to carry some water, and then went to the place where Wages had concealed the horses, found them safe, and more green corn around them than they could have eaten in two days. We JAMES COPELAND. 57 tlien took out our bridles from oar bundles and fitted them on. Wages had stolen blankets with the horses, and two bed quilts. We arranged these to ride on, and with our ropes or lassoes, we made substitutes for stirrups. By this time it was sundown. We took our guns and looked around to see if there were an}' spies out. We saw no one excej>t the people on the farm, driving in their stock. We returned to the horses, and about dark set out. Wages took the lead on McGrath's horse, a fine traveler, and I, on the other, just walked right up to him. We traveled about six miles an hour and did not push. Before day sometime, we had traveled some forty-five miles to a creek, and knew we were within twent}' or twenty- five miles of Scott's. We laid by all next day. About sundown, we again started, and reached Scott's before that night. Long before daylight next morning, our liorsos were sent off to the mountains with the others. The next day up rolled the Rev. Mr. McGrath. We introduced him as the Rev. Mr. McGrath, whom we had seen in South Carolina. Mr. Scott and famil}' invited him to spend two or three days, during which time Wages, INIcGrath and I had a full consultation. Haying been with Wages so long, I knew his judgment to be superior to mine, and I knew that McGrath was wanting in stability; that he was too wild and uncertain in his actions; I therefore proposed to let Wages plan out our future course, Avhieh McGrath agreed to. Wages then said: "Boys, it is time some of us were leaving Texas — particularly James and I; Mac, you can remain here as a striker for us, until we get those negroes you have described to us. You say there arc seven of them — two men and their wives, one of tlion with one and the other with two children, and the youngest child is about four years old. The}^ will have to 'be carried awa^' by water. We never can get them awa}^ by land, and the Christ- mas holidays Avill be the only time that we can effect that with safety." "Now," said Wages, "my plan is this: You leave here before 58 LIFE AND CAREER OF we do, one or two clays, and wait for us at some point and pilot us through to Red river, above Shreveport, where we can cross with our negro and horses and land in the Indian Na- tion . You can then remain and preach around until Christ- mas; 3'ou appoint a two oi- three days' meeting for the negroes near Red River; pretend to prevent frolic and drunkenness, and about that time James and I will be on hand, with a boat to effect our object; and it will be polic}^" said Wages to McGrath, "for 3'ou to remain some weeks after we are off with the negroes, and meet us at Natchez or Vicksburg." McGrath agreed to this; directed us what route to take; promised that he would meet us at a river, about sixty miles from Scott's, on the fifth night from that time, and that he would wait there for us. On the morning of the fourth day McGrath bid farewell to Mr. Scott and family, promising to call and see them again, God willing. We remained two da3-s longer; prepared ourselves with some packs and provisions, and went to the mountains where our horses were. We paid Scott fift}'' dollars for his trouble. We packed our horses and led them; Scott sent a pilot with us, to conduct us through the mountains, a bj^-wa}^, about fort}^ miles, which we traveled in two days; he then put us in the road to go to where we were to meet McGrath, and we met him on the night appointed. He had all things in readiness. We crossed the river and laid by in daytime and traveled by night, McGrath with us. He would go ahead to houses, la}' b}' and sleep, and pra}' for the people; and tell them that he traveled of a night from choice, on account of the heat. On the third morning after McGrath joined us, we arrived at a good place, where there was plenty of water, about thirt3^-five miles from Red river. There we told McGrath to ride on ahead, get his horse fed, and breakfast, and then go on to the ferr}'. This he did; he crossed over and stopped near the landing. The ferryman was a negro; McGrath procured a bittle of whiskey', to which he had added plenty of opium, and treated the ferryman lib- JAMES COPELAND. 59 erally. He tied bis horse up, got corn from the ferr3-man, and by eleven o'clock he had the ferr^-man as limber as a cotton rag. He then took the ferry flat and crossed over to meet us. We got to the ferrj^ about two o'clock, crossed over and trav- eled until daylight, McGrath with us. After day we turned off from the road to a place where some Indian families lived, and there bought some corn, meat and bread, and fed our horses and ourselves, and rested that day, and started again that night, McGrath with us. That night we traveled about forty miles; next morning we traveled until we found a place off the main road where we could rest secure. Here we stopped again Avith Indians. We procured plenty for ourselves and horses, and rested that day. Here we made our arrangements permanent, and reduced them to black and white, in our usual miystic character. We were to meet above Shreveport a few miles, on the 20th of December coming, with a proper skiff, prepared with provisions, etc. All matters thus arranged, McGrath took off his traveling hunting shirt and straw hat; put on his long, straight-breasted bombazine coat and his broad-brimmed black beaver, and gave us a sound of his colloquial benediction of, "Hark from the tombs, gentlemen," and steered his course southeast, into Louisiana towards Alexandria; whilst we steered our course to the northeast in the direction for the Washita below Jlonroe, some fifty miles. We soon got into the settlements and began to feed and rub our horses and blanket them. It was now September; cotton was to pick out, plenty-; we pursuaded our negro he had better pick out cotton a while, until we could sell the horses and get money to carry us to Cincinnati; he agreed. We cautioned him about answering questions, Avhich he had" his instructions how to answer. We hired him to a man in an obscure place on Black River or Bayou ; we traveled out through the country and soon sold our fine horses and for a fine price. We got from one hundred and seventy-five to two hundred and thirty dollars 60 LIFE AND CAREER OF apiece. We sold all the horses before the first of October; they averaged us a little short of a thousand dollars. While selling, we met with a man by the name of Harden; he said he was a distant relation of John Harden. He had been sell- ing negroes from Tennessee; he soon made us know, and wo soon made him know, that we were all of the same family; we then conversed freel}'. He told us that he was clear — that he had sold out, and was overrun with mono}'. We told him we had one darke}' on hand; he said he would go wdth us and look at our negro; and did go. He told the negro that he lived in Cincinnati; was agent for an Abolition societv, and that he would like to take him there. The negro agreed, and was very anxious. Harden tlieu told Wages and myself that if we would deliver him the negro at Napoleon, Arkansas, he would give us one thousand dollars for him. We agreed, and the day was set to deliver him. Harden then told the negro that he had to go to Natchez, and would meet us at the mouth of the Arkansas river. We now disposed of our saddles and bridles, and took our negro and packs, and made for the Mis- sissippi river at Vicksburg, where we got on a steamboat for Napoleon. We landed, and again set our darkey- to picking- out cotton. Harden came in a few days, paid tlie thousand dollars, and took the negro. He requested us to remain there a few da3's. We made him a bill of sale in the name of the negro's master — Smith, by which name I passed. Wages passed as Mr. Jones and Harden by the name of John New- ton. • He was the same man that afterward, in 18-i;i, murdered old Robert Lott. Harden then went with me to take his negro. I told the negro that his master had just landed in pursuit of him, and that he must go with Mr. Newton; it was his only chance to escape; that if he was found we should all be hanged, and he carried back to Texas. He agreed, and Harden went up the Arkansas river about twent3--five miles and sold the negro for twelve hundred and fifty dollars; got a draft on New Orleans for his money, payable in ninety da3's; was gone only four da^'s, and returned to Napoleon. JAMES COPELAND. CI Wages and I then informed him of our contemplated trip to Louisiana, about Christmas, and consulted with him as to the mode of operation. He and VYages both agreed in opinion, and Harden suggested to us that the best plan would be to go to Cincinnati and procure a good skiff, large enough to carr}' twenty persons, and fit her out with six rowdocks and six good oars; pretend her for a peddling boat on Red river; lay in some whiskey, bacon, flour and other articles to trade upon; and have the boat towed down to the mouth of Red river or Bayou Sara; land the freight; take the first Red river boat up to Shreveport: there fit out the skiff and go up the river trading, until the opportunity to steal the negroes ia offered. This arrangement understood, Harden proposed to join us; go to Cincinnati vt'ith us, and take chances. We all took the first boat that passed, the "Tribune," bound to Pittsburg, and passed Louisville and landed in Cincinnati the ninth day. We immediately made a contract to have the skiff built; it was to be ready in two weeks, and was to be large enongh to carry twenty-five barrels of freight, aud to be long and narrow, so as to row swift. During the time the boat was building, we made some purchases of whiskey, flour, bacon and other pro- duce, and during our stay in Cincinnati we all pretended to be strong Abolitionists, attended several private meetings, and formed acquaintance with several free negroes, to Vf hom we communicated our intention to steal the seven negroes near Shreveport, and bring them to Cincinnati. Thc}^ very much approved the idea. We then proposed for two of them to go wdth us and assist in bringing the negroes away. There were tvvo o-f them, that had been employed as stewards on board of steamboats, that agreed to go, and they took situations on a steamboat for that purpose. Our skiff being finished and all accounts settled, we con- tracted with the captain of a steamboat on which our two free darkies were cmplo3-ed, to take our freight and tow our skiff 62 LIFE AND CAREER OP to Ba}'ou Sara. The passage was long, on account of low water. We arrived at Ba}-©!! Sara about the tenth of Novem- ber, and landed our freight and skifl'. Wages and I stopped; Harden and the two free negroes went on. Harden to get his draft accepted, and the free darkies to get on a Red river boat; and the}- were all to make an arrangement for a boat bound to Shreveport, to call and take us and our freight. After the}^ left. Wages went to see our old friend, Mr. Wel- ter, relative to the arrangement and disposal of our two free darkies. An arrangement was soon made, for our old friend W., knew the ropes too well to hesitate long. About the twentieth of November a small steamboat landed (on board were Harden and our two darkies,) which had been specially employed to take our freight. We shipped our freight and took the skiff in tow and put off. On the way up, Wages, Harden and I made the necessary arrangement for our future plan of action. Harden was to go with us to Shreveport, and there feign himself sick ; and let Wages and I take our two darkies in the skiff and our freight, and start up the river. Accordingly, we reached Shreveport about the fifth of Decem- ber, and Harden was taken sick ; Wages and I hurried our darkies, loaded our skiff and left for up the river. We went up the river to the ferry we had crossed with McGrath, and there we stopped. I went to selling, sometimes to Indians, some- lime to whites, and very often to negroes. Wages procured a horse and saddle and put out in pursuit of McGrath, and found him at the house of the old Methodist that owned the seven negroes we were after. McGrath was sick; had been ver}' sick; but was then able to walk about and take occasional rides. Wages and McGrath got an opportunit}' to have a private interview for a few minutes. They were to meet the next day on the road, five miles from that place. Wages staid all night, paid his bill next morning and left after break- fast, enquiring for some stray mules. McGrath started for the residence of a brother Methodist, some ten miles distant — JAMES COPELAND. 63 and they both met at the place appointed and held their con- sultation. The negro camp meeting had been already appointed, about ten or twelve miles above Shreveport and about two miles from the river. Wages and McGrath having fully understood how to act, Wages told him where the boat could be found, ten days before Christmas, and they parted, and Wages returned. Accordingly^, at the time appointed, McGrath was at the boat. We had him and his horse provided for; he was made acquainted with our two f"ee darkies, and all things were ar- ranged and understood well that night. McGrath left next morning to prepare for the camp meeting, which was to com- mence in eight days. We loitered away our time; and two days before the commencement of the camp meeting, we drop- ped our skiff to a landing opposite the camp ground, where we lay trading. We had sold almost everything we had. On the morning of the commencement of the meeting, we set our two free darkies over the river, and they went to the place early in the da}'. Wages and I cleared out our skiff of all barrels, boxes and dunnage of every description, and had everything in complete trim, row locks, oars and all read}'. The meeting commenced. We had instructed our free darkies to what landing place to conduct these seven negroes we were stealing; and on the first night of the meeting, sure enough they all came to us. Their master had furnished them with two mules and a wagon, to haul their bedding, etc., to the camp ground, and they had brought all their clothing, bedding, and everything they had. The}'' informed us that they had sold all their poultry and crop, and had got money to support them for the year. They had procured another negro to drive the mules and wagon back to the camp ground; and by nine o'clock that night we were under way down stream. 64 LIFE AND CAllEEPv OP WELTER AND HARDEN's DECEPTION — AVELTER ACTING AS UNITED STATES MARSHAL. We rigged all six of the oars; one of the women pulled one oar and I pulled one; Wages sometimes spelled me, and I would steer the boat, and the women would sometimes spell each other, and we run at the rate of about ten miles an hour. About eleven o'clock that night we passed Shreveport, and before da^' sometime, we pas;sed Natchitoches, the point we were striving to make, for we knew there was a bayou about five miles below, where we could hide ourselves and skiff through the day. We put into the bayou a little before day, and at daylight we landed our skiff in some bushes and high grass, and we all went on shore in a thick palmetto swamp, built a good fire, cooked and cat, and drank good whiskey and every one slept what they wanted; and about sunset we left and rowed into the river again. By this time theg all had got them.selves more accustomed to rowing, and made better headway and with more ease. We run on in the night and lay'-l)y in the day; and the third night we reached the mouth of Red River and lay in the swamp tliat da}^; and the tourth night, about midnight, we reached Tunica, and run our skiff in a creek just above; made a fire in the swamp and remained till daylight. After daylight sometime, we eat breakfast and Wages and I m-ade an excuse to go to the village of Tunica to buy som.e cigars, and to get some eggs, etc. The negroes set us over with the skiff; we went down to the village and went to the tavern. Tiiere we found our old f:ieud, Welter, and Harden, and three other men whom Welter iatroduced us to as his friends and acquaintances, but they Were in fact his "stri» kers.'" Harden immediately after We left him at Shreveport. bad gone down tl)e river to Welter^s and informed him where to meet us. We held a consultation as to the best plan to pursue, and we all finally agreed that the safest and best plan was to let JAMES COPELAND. 65 Welter take all the negroes and pay us for them. He was to pay Harden for the two free fellows one thousand dollars in cash and his note for one thousand payable in six months. He was to pay Wages and I for our seven negroes and the skiff with all the apparatus, eight hundred dollars in cash and his note for four thousand dollars, payable in six months. After this arrangement was conclnded Wages and I went to the skiff, took our guns to go a hunting, and then returned to the village. About two hours before sunset Welter took Harden and his three men, got a small boat and went up to the creek where all the negroes were, But before thej* got to the place they tied Harden's hands behind him to make the negroes believe that he was a prisoner for negro stealing. Welter and his men sur- rounded the camp and took all the negroes prisoners, and then brought up Harden tied. Welter then informed the two free negroes that he was the United States Marshal, and that it was his duty to take them and Harden back to Shreveport, where they would be tried for the crime of negro stealing, and that the punishment would be death or the penitentiary for life; but that he did not know that he could prove Harden guilty, and then asked them if Harden had been with them . Thc}^ declared he had not. Welter then told the negroes that he knew them ; that they had been stolen once before and sold in Louisiana, and that he knew all about them, and made them confess the truth. He then told the free negroes that their case was a desperate one; that it would be impossible for them to escape; and then asked them which they would prefer, to stand their trial or be sold as slaves for life. They said they had rather be sold as slaves; so he tied their feet, after putting them in the boat, and took in all their dunnage, and the other seven negroes. Upon their positive declaration that Harden was not concerned he was released, and a little after dark they rowed down to the village. Welter placed his three "strikers" to guard the boat and negroes, while he and Harden went on shore, and we all went into a private room in the tavern, where C-5 66 LIFE AND CAREER OP we executed bills of sale for the negroes, dated them in Bun- combe county, N. C, and signed fictitious names and witnesses. Welter paid us our money according to contract and executed the notes, after which we took a gooil supper together and drank three or four bottles of wine, and Welter lett us. We went with him nearly to his boat and bid him goed-by and good luck, and he rowed off" down the river for home. AVages, Harden and I returnedto the tavern, went to our room and to bed and slept very sound. Next morning we arose much re- freshed, and greatly relieved in mind . We went ver}' early to a coffee house, took a cup of coffee and our bitters, and re- turned to our room to consult as to the best course to pursue. We concluded to leave in the first boat for Natchez, We ac- cordingly got breakfast, paid our bills and placed our guns anel baggage at the nearest depot to the landing. We had to wait till late in theda}^ before we could get a boat. We at last saw one coming, and procured a skiff to put us on board. At a signal the boat rounded to, and we went on board, registere-^l our names (all fictitious) and paid our passage to Natchez. W^AGES' AND HARDEN's PLOT TO KILL ROBERT LOTT AND THOMAS SUMRALL. When we landed at Natchez we all stopped at different hotels, but while there, some ten days, we had interviews and consuJ- tations ever}- da}-. It was then that Wages and Harden made the plot to kill old Thomas Sumrall and old Robert Lott, and for that purpose Wages furnished Harden a map of all the roads in Perr}- county. Miss. Harden then informed us thafe he had a partner in Tennessee by the name of Goodwin, and that he expected Goodwin had, in a cave in the Cumberland mountains, several negroes then waiting for hin:> to run off and sell, and that he must go up with the first rise of water so as to come down with the s[)ring freshet. We all then made an arrangement to meet in New Orleans at a certain place on the Fourth of Jul}' coming, so as to collect our money from Welter,, JAJIES COPELAND. G7 and for Harden to get the money on his draft for the negro sold on the Arkansas river, Avhich he had deposited in bank for collection. Our ten daj's in Natchez having expired, Harden and I tooli passage on a steamboat, Harden for Tennessee, and I for Vicks- burg to await the arrival of McGrath. Wages was to be at Vicksburg in three or four days. I landed at Vicksburg; Har- den went on. I went to one of tlie hotels, put up and waited for McGrath. On the sixth day Wages came, and went to another hotel, and we both waited there another week and still no McGrath. We began to get uneas}'. However, three or four days after, I was standing on the bank of the river, when I saw a man dressed in coarse negro clothing, black and ragged, an old flapped hat, a pair of old saddle-bags on his arm and a big stick in his hand. He came up to me to inquire the road to Jackson. I did not know him at first, but he soon made me know him. It was McGrath. He inquired for Wages; I told him Wages was there; I told him to go to the cheapest board- ing house, wliieh he did, and his appearance caused him to have to pay his dollar in advance. That night we all got together, Wages, McGrath and myself; we went below the cit}^ and had a long consultation. We told IMcGrath what we had done, and gave him a full history* of Harden and his two free negroes, and where Harden had gone, etc. He next gave us a detail of Ins voyage through the camp meeting and since, up to that time. He said the next day after the seven negroes had left the camp ground he saw their mules and wagon, and no person ap- peared to be about them. A xevy likely 3'oung negro watered and sometimes fed the mules, and on the second day he went to the negro and asked what had become of the negroes that came with that wagon and mules. The boy answered first he did not know, and looked confused. He then said to the negro to tell him the truth and he would keep the secret and not expose him; the negro then told him the whole ti-uth about the matter, and then asked McGrath's advice. He told him to take care of BS LIFE AND CAREER OF tlie mules and wagon until the meeting broke up, and then take them to their owner, and inquire of him whj- his negroes went off and left their mules and wagon so long, and not re- turn at all, and gire him the trouble to bring them home; and if any person attempted to whip him to make him tell anything about the matter he was to run away, and on the next Sunday night to meet him, MeGrath, at a certain place and he would tell him what to do, and to be sure and keep everything a pio- lound secret. MR. MOORE AFTER PREACnER m'GRATH, I:^ TEXAS. With this understanding the meeting went on until the sixth day; the meeting broke up-, the negro geared up his mules to the wagon and rolled off; drove them to the house of the owner and reported himself. It was late in the night. The old gen- tleman told him to feed the mules, get his supper and come to him in the morning and tell him more about it. The next morning the boy told the old man that he did not know but one of his negroes, and that was the fellow that asked him to feed and water the mules a day or two, and on the third day the negro did not return, and he asked the advice of one of the preachers, w.ho told him to take them home. The old man asked the boy where that preacher was, nud the negro said he was sick at a house about six miles from there. He then asked the boy who he belonged to, and the negro showed him his "pass," which told the truth. He then dismissed the boy and sent him home, and about ten o'clock, McGrath said, " here comes the old man." He rode up to the gate and hailed, and inquired if Brother McGrath was there. They told him he was. He alighted from his horse, came into the house and said good morning, very short. "Well, Brother McGrath, how do you do?" «' Oh, I am very sick, Brother Moore." "What seems to be the matter ?" " Oh, I have caught a cold, and have a very severe pain in my side; I think it is side pleurisy," JAMES COPELAND. 69 '^' Well," said be, "did you see anything of ray^ negroes at your meeting ?" MeGrath told him: "I saw them there the first day with 3'ou when we went. After you left, Bro*:her Moore, I don't recollect seeing them, and I thought you had ordered them home until I Avas asked bj' a strange negro what he should do with the mules and wagon. When I examined them I saw they were yours, and I told the negro to drive them to y^ou and re- port himself. I would have gone with him, but was too unwell and had to stop here." "Well," says ihe oid man, "y^our great meeting has caused me to loose seven negroes, I fear." McGrath said: "Oh, I hope not. Brother Moore." "Yes it kasl" said he ver}^ short, "and I wish there never had been a camp meeting in the world; and I know," said he, ■"they are stolen, and they went by water. Some of them ^jicayune steamboat captains have stolen them, and they are now in Florida or Georgia. I will go and make some inquiry in Shreveport, and along the river, to find out what boats left about that time, and," said he, "I will go to the owner of that negro that brought the wagon home and have him tied up and whipped till he tells the truth al)0ut it, for I believe he knows all about the matter." McGrath said he tried to pacify the old gentleman, but it was all no go, so the old gentleman left. McGrath said the times then were beginning to be rather ■squally. He pretended to improve very- fast; was able to ride in tvfo days, and set out to help Brother Moore hunt and track Jiis negroes. On the next Sundaj^ night he was at the plaie where lie was to meet the negro, and the negro was there also. McGmth told of the threats against him, and asked him if he wished to run away and go with him, if he did he would find him a good master, or take him to a free State. The negro «aid he would go. McGrath asked him if he could steal a good horse, saddle and bridle. The negro said he could. McGrath then asked him if he could get over Eed river and meet him at 70 LIFE AND CAREER OF a certain place on a certain day. He said he could, tliree or four da^'S after. McGratli tlien Avent to the house of Brotlier Moore to inquire if he had got any tidings of, or from his negroes . The old man was very mad and talked rery short, and said "-no," adding; " Mr. McGrath, I want yau to leave mj house, and never again set your foot in it." McGrath tried to reason with the old man,, but all would not do^ so he left. He had collected among the brethi^en some five hundred dollars or upward and a consider- able sum from the negroes at the camp meetinig. He then went to Shreveport and procured some articles he wanted (and among them two half gallon jugs, one full of brandy anc^ the other of whiskey), some bread and cheese, and crossed the river. After he got across he saw three meji come down to the ferry and wait for the ferr^-man-,. he watched them;, they conversed with the ferryman awhile and rode back. McGrath rode on, three or four miles, came loan inn and stopped. It was not night, but he had come to the conclusion novr, that it was ntK'cssar}' for him to watch as well as pray. A little after dark up ro 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 tiy an issue joined, ore tenus^ whether or not the pris- oner be of sound mind, and whether he possesses sufficient in- tellect 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 ver- dict, 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. Games, Francis A. Allen, Wm. W. Dunn, Adam Laird, C~8 114 LIFE AND CAREER OF who were regularly summoned on the special venue returned in this case, and who in the presence of the prisoner are regu- larly 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 per- sons 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 baliff to take charge of the jury. Wednesday Morning, 8 oclock, September 16, 1857, State of Mississippi ) vs. > Murder. James Copeland. ) This da}" comes George Wood, District Attorne}', and the prisoner is again brought to the bar, in custody of the Sheriff, and also comes the jury whom yesterday were dul}' tried, chosen and taken between the parties; a^id thereupon comes James M. Pitts and John H. Holder, who were this da}' returned as jurors in the case, in obedience to the command of the venue, last issued on 3'esterday; who in presence of the prisoner are regular!}' 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, JAMES COPELAND. 115 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 Attornej^, and the further consideration of the cause is con- tinued until tomorrow morning, and the prisoner is remanded to jail. Thursday Moknixg, 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 custod}^ 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 juiy, on our oaths, find the prisoner guilty in manner and form as charged in the bill of indictment; " and the prisoner is re- manded to jail to await his sentence. SENTENCE OF THE COURT. Friday Morning, 8 o'clock, September 18, 1857. State or Mississippi ) vs. j- Murder. James Copeland. ) This daj^ 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 coun- sel moves the Court for a new trial, which motion was fully heard and understood by the Court; and is by the Court here 116 LIFE AND CAREER OP JAMES COPELAND. overruled . And to the opinion of the Court in overruling said motion, the prisoner by his counsel here excepts: State vs. James Copeland. ) MnRnFR Motion for New Trial of the Collateral, j Issue joined as to the sanity of the defendant, and his ca- pacity 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 Pekey 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 Avas sentenced to be hung by the neck until he be dead, on the thirtieth day o'f 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 bodj' 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, be- tween 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 Sep- tember, 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 b}' 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 b}' the officers of the law, placed in the ranks of the guard formed for the occasion, and the pro- cession 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 compan}'. His mis- fortune 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 ExiccuriCN OF jA.Mt:s Coi-tiLAKD.— [Sec Page 118. TRIAL OF COPELAND. 119 transpired within tlieir knowledge; but he would give no direct answer — shrewdly eluding the inquiries. The Sheriff then asked him, in hearing of many lookers-on, if the details ot 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. -•~*^t^*-*- John McCullum, Lemuel Strahan, John W. Carter, Allen Travis, Lewis H. Watts, James Chappell, G. W. Rawls, • GRAND JURY. 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 Dearmau, Lorenzo Batson, John Fairley, Forevian. WITNESSES. Wm. Johnson, Laoma Batson, Chance}' B. Stevens, Jas. Batson, Wm. Landman, Gibson Waley, John Anderson, Wm.'C Gri'ffin, Moses Fullingam, David Dubusk, Sr., Jefferson Williams, David Dubusk, Jr., Wm. Grffln, Peter Fairley, Sr., Peter Fairley, Jr., Alexander Fairley, Sampson Spikes, Westley Spikes, W. H. Nicols, John Fairle}', Prosecuto7\ MEMBERS OF THE COPELAND AND WAGES CLAN. J . Baker, C. W. Moore, W. W. Ratlief, G. Buskings, J. Hiirper, J. Bowings, J . W. Westlj', 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. l'a3'lor, S. Teapark, J. Pool, John Copeland, T. Copeland, Henry Copeland, Wm. Copeland, J. Elva, H. San ford, 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, 3-et 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 Cope- land referred to in the names given. There are many b}- the same name, and even part of the same initials, yet have no affinity in an3'thing else. It is said that "public sentiment is seldom wrong, and never wrong long; " therefore with aU the circumstances before it, it is requested that the public will ap- proach the subject with an unprejudiced mind, and decide faithfully and justly to all parties concerned. copeland's letter to his mother. 121 LETTER OF JAMES COPELAND TO HIS MOTHER. (Written the night before his Execution.) Augusta, Mississippi, October 29th, 1857. Mrs. Rebecca Copeland : * My clear Mother — It is with painful feelings indeed, that I attempt writing to you on the present occasion. 1 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 m}' 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 da}^ that to morrow at 2 o'clock I will be hanged, ac- cording 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 j-ou given me the proper advice when young, I would now per- haps be doing well. It is often I have meditated on this sub- ject since my cofinement in prison, and often have I recollected my good old father's advice when I was ^-oung, 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 morti- fied to think how distantly j'ou ha\e treated me while here in prison. Not the first time have ^-ou been to see me ; but I can freelj' excuse ^-ou 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 122 MYSTIC ALPHABET. satisfaction to me. I am now in the dungeon with tlie cold and icy bands clasped around me, and cold as clay. Much have I suffered, but after two o'clock to-morrow, ray troubles will all be over, or worse than they are at pres6nt. This I am not able to tell. I have been preparing to meet my God, pray- ing diligenth^ for merc^' 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 ver}' thought of this. Oh, could I but see you once more be- fore my death, it would give my aching heart some relief ; but we have to part without this pleasure. Now my good old Mother, T bid you a long farewell, forever and forever. JAMES COPELAND. MYSTIC ALPHABET Used by the Copeland and Wages Clan, in their secret corres- pondence and documents. ABC DE FGHI J K L MNO JULCDnnnrjuLEQii ^nrjLiJLEEiiiTimrT 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 JA3IES COPELAND PROVED INEFFECTUAL; BUT THE SAME AGENTS SUCCEEDED BY REFINED MOVEMENTS IN PROCURING THE ACQUITTAL OF JOHN COPELAND. The organization of tlie Wages and Copeland Clan embraced a diversified talent of an extraordinary grade in different de- partments 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 anj'thing 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 mem- bers, who might inwardly condemn its pernicious fields of ope- rations 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 frequentl}^ happens, the lawyer scruples at nothing to win a victory for his client. In some places this course is fash- 124 APPENDIX. ionable 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 othei* side, the prosecution will do the snme. But when foul and corrupt means are resorted to; when the most vicious and de- praved of actions are brought in play to screen the guilty and make crime respectable, then it is that public sentiment should 1)6 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 imprisonmentand 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 respectacle. 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 occa- sions exhibiting a winning and an aflable deportment — ever}'- body's friend with the most lavish of generosity — spaiiug 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 opporunity 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 APPENDIX. 125 for certain things to be done before execution, for and in con- sideration 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 an.y 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 sm.all silver tube suffcient 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 tempt- ation; 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 126 APPENDIX, defence by Wirt Adams as principal. Both sides labored hard and wonderfully skillful. The argument of the latter occu- pied about three or four hours in delivery. The evidence against John Copeland was quite as strong as against his con- victed 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 count}' 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 ingenuit}', 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 ever^-where, and satisfaction no- where. So irritated were the populace that, in all probability, the life of Copeland would have' been taken by violence the night afler his liberation, but for the timelj' notice given him for immediate escape. The following morning he was heard from as being seen on the opposite side of Leaf river, about thirt}' miles lielow 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 Perrj' 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 be- lief there, with a design on the life of the Sheriff; but although be passed through the county of Perr}-, by the way of Black Creek, to Mobile, Alabama, yet if he made any secret move- ment for the assassination, he never knew it. The Copeland family, in Angelina county, instiiuted a for- midable prosecution agaius Col. Pickering, but his reception of the pamphlet containing the confession, caused the Distri(.t APPENDIX. 127 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 bj- Col. Pickering. Immedi- ately after the acquittal of John Copeland, the three strange immigrants left for parts unknown. S. S. SHOEMAKE, THE ARCH-MONSTER OF ATROCITY AND THE I'ERFEC- TION OF DECEPTION, WITH HIS JOHN R. GARLAND LETTER. An organization may soon come to naught, even though founded on principles in everj* respect sound, healthy and legiti- mate, if the individuals composing it are defective in brains and energv, the exercise of which are essentially necessarj^ for continued existence. But an organization, based on the con- trary- of such principles, may continue for years to perpetrate the darkest of human atrocities — spreading terror or devasta- tion 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 troach- eiy, and firm intrepidit}- brought to bear against the less sus- pecting, but the more honest members of society. The unfolding of the character of S. 8. 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 A'ery far short in comparison with this modern speci- men of cruelty, of plunder, and of hypocritical imposture. A marauder, a being destitute of honor, pride or principle, and the veiy incarnation of all that is vile and abhorent. This is the man whose character, to some extent, will next be un- veiled in detail. But a short time elapsed after the publication of Copeland's confessions until a letter, signed John R. Garland, was re- 128 APPENDIX. ceived by the Sheriff of Perry county, making inquir}^ 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 count}', Mississippi, the substance of which will next be given : DeKalb, Miss., October — , 1S58. ./. R. S. Pitts, Sheriff Perry Conntij, Hiss.: Dear Sir — As I feel very much interested in the future wel- fare 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 3-ou b}' Copeland, in his recent confessions as a united band of laud 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 char- acters residing within our midst, I thus communicate in con- fidence 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 waj-, to the mystery of every one, he makes his peregrinations throughout the country, but whether near or distant is unknown to us. Fre- quently 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 APPENDIX, 129 mucli 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 pi'Oti'act- ed journey's, he manages so as to arrive some time during the night, bringing with him droves of horses, mules, and sometimes more or less negro'es. After his return, the first thing tliat is known of iiim, he Is seen in the grog-shoi> bright and early in the morning, waiting the arrival of the bar-keeper for his morn- ing bitters. In this way he seems to be continually whiling away his time — claiming to be acting in behalf of a State com . mittee. On meeting this person, S. S. Shoemake, one that is not personall}- acquainted with him w^ould not for a moment suspect an3'thing wrong, for he is calculated by his affable de- portment, on first acquaintance to make a Very favorable im- pression on the mind. As we feel much interested in this vicinity relative to this matter, I trust that you will, on receipt of this, give us the de- sired iufcrmation above asked for, as there is no favor within your power that 3'ou could at this time extend to us that would be received with so much gratitude. When addressing your communication, you will please re- member not to direct to me, but simply address your letter to box, No. 27, DeKalb, Kemper County, Mississippi. I make the above request in order that my designs may not^ be frustrated-— also, yon will please suffer no person to v^ee thie communication. Hoping to hear from you soon^ I remain, Very respectfully, John R. Garlakjd. This extraordinary letter elicited the following reply: Auat;sTA, MississtPM, —-— -, 1858. '/ohn i?. Garland^ DeICalb^ Mt-^s..' Dear Sm— I am in receipt of yours bearing a recent date, C— 9 130 APPENDIX. asking me for information relative to certain characters within your vicinit3^ Giving three names, you wish to know if they are the same persons who were implicated by Copeland in his confession to me. In answer, at the time of writing the contce versa. We v/ant a government sufficient to restrain the strong and prctect the weak. We want a government competent to make good laws, and strong enough to execute them. We want a government determined to protect life and property, so that in- dustry can be encouraged, and a conSdence in the permanent etability of it maintained. We want a govornmcjit that will purifv' the bar, and give a judiciary of competency and integrity such as will grace and adorn the bench for "its disposition to 14S APPENDIX. do justice to all." We want a government resolved to inflict punishment and stamp with enduring disapprobation any league or infamous association for the triumph of crime, no matter how distinguished or wealthy its members may be. The particulars of the trial now to be given, is a striking il- lustration of the league for the triumph of wrong, in which not only the executive heads of several States were concerned, but also other high officials in power, with more of distinguished persons in diflerent capacities. As the caption states, their triumph was onl}- in name. The retribution of truth and justice is sometimes tardy in execution ; but, longer or shorter, it is sure to come. Nearly fifteen years have elapsed, since this trial terminated, and the public has remained uninformed to this day of the more important features connected with it. This long silence has favored the continu- ance of wealth, power, and the honors of office for the prose- cutors; while the defendant was unjustly brought to the verge of ruin by the enormous expenses attending the trial. The phases are now being changed — one side going out and the other coming in — one recovering strength and the other experi- encing decline and fall with reference to the future — conse- quences which should immediately have followed the trial, for if justice could be forthwith done without so much expense and delay, the evil perpetrators would soon come to an end; or, at least, would soon become diminished in numbers. As stated in another place, the interval betwixt the times of giving bond and trial amounted to near forty da^-s. One part of this interval was devoted to making preparations for trial; the other part was consumed in visiting on the coast with a view to gather such information as might be of interest af- terwards. The information as to the discovery of the place of deposited money in Catahoula swamp is one link in the chain of circumstances which attest the truth of the "confessions;" another is the finding of the m3'sterious map in a few days after the famous Harvc}' battle, which is in perfect agreement APPENDIX. 149 with another part of the said confessions, together with the singular circunastauces in connection, which were the means of George A. Cleaveland getting possessing of the map, with other subsequent circumstances showing the strongest of prob- ability that he not only understood it, but also succeeded in getting the buried gold from Catahoula swamp. But the opening of the city court and the time for trial were near at hand, and the sheriff" or defendant, had to leave the coast hurriedly to repair forthwith to Mobile. He arrived there some two or three da^'s prior to the open- ing of court. He there found considerable anxiety and excitement prevailing on the subject. A number of collected friends from distant parts of Mississippi were there to be pre- sent and hear the trial, which was the general theme of con- versation and speculation everywhere. Fortunate for the defendant, he arrived in time to summon quite a number of im- portant witnesses, who were accidently in the city from various points on the line of the Mobile & Ohio railroad attending a railroad meeting. DeKalb, Kemper county, was well represent- ed in this meeting. The delegates from this town all being- men of moral worth and of superior intelligence; J. H. Gull}', P. H. Gully, H. C. Eush, A. B. Campbell, Cornelius McLamore, and the illustrious J. S. Hamm, then presiding judge of his district, all from the above named place. In DeKalb, S. S. Shoemake had resided for a number of years, and these gentle- men from the same place were ver}' valuable as witnesses in the estimation of the defendant ; and, of course, he had them summoned without delay right on the ground. THE RECORDS OF THE TRIAL FROM THE CITY COURT OF MOBILE. The Clerk of the City Court of Mobile has twice been ap- plied to for particulars, or for a copy of the records of the trial. In his first reply the present Clerk freely confesses the records of the case to be misty, suspicious, deranged, and altogether unsatisfactory, without venturing any further opinion on the 150 APPENDIX. matter. In bis second reply he confesses in still stronger terms, if possible, of the confusion of the records; important papers not on file; much missing; more deranged, and very hard, with any amount of application of labor to make anything of value intelligible for rigid comprehension — one case, Shoemake's> entirely disappearing from the docket, and no circumstances or account left to show the cause for the same. In substance, here follows an extract from the Clerk's replies: "I find by the Clerk's indorsement, that in the November term, 1858, the Grand Jury found bills for lour cases of libel against J. R. S. Pitts, and four indictments were framed accordingly in the same term. They are found docketed, numbers 61, 62, 63 and 64, to be prosecuted severall}^ by G. Y. Overall, C. F. Moulton, G. A. Cleavelandand S. S. Shoemake. There are four appearance bonds for six hundred dollars each, dated January 25,1859. The writ of arrest is dated January' 15, 1S59. But the indictments are all missing. There is nothing here on file or on record showing any action of either the Governor of Alabama or the Governor of Mississippi with respect to the processes for arrest. The case number 64 has entirely disap' peared, and no trace left to account for the same. In the Feb- ruar}' term, 1859, the trial of J. R. 8, Pitts commenced on the 23d, continued through the 24th, and on the 25th was given to the jury, who on the 2d da^- of March rendered a verdict im- posing a penalty of fifty dollars, to which finding the Court further 'ordered that the defendant be imprisoned in the com- mon jail of the county for the space of three months, and on the non-payment of the fine and costs that he be further im prisoned until discharged according to law.' The case tried must have been that of Overall, 61, the papers of which have entirely disappeared, as I cannot find them on file. The two remaining cases, numbers 62 and 63, were continued from term to term until Februar}- 28, 1863, when a forfeiture ot bond was taken against the defendant and his sureties, Colin McRae and James II. Daughdrill, and then continued through several terms APPENDIX. 151 to 21st of Marcli, 1864, when judgment final was entered, and execution issued, which execution was ordered to be returned by the Commissioners of Revenue on the payment of all costs, the costs being paid Iw said Daughdrill said execution was re- turned. The matter remained in this condition until January, 1867, when tlie defendant and his sureties were finall3' released b}^ the Commissioners of Revenue. "The names of the Petit Jury who tried the case are Wm. B. Hayden, James B. Post, George Mason, George M. Brower, Edward Guesnard, John R. McBurney, W. H. Marchan, Henry T. Eatmau, Walter L. Young, Benjamin F. Hunt, John A. Bevell and Wm. H. Vincent. The only witnesses I can find any record of are the prosecutors for themselves. The attor- neys for the prosecution were R. B. Armstead, solicitor, and Anderson & Bo3'le, while Manning and Walker appeared to have conducted the defense. " Imperfect as this history of the case is, it has cost me much search and labor to collect from the disconnected, confused and garbled materials left me for reference. The whole atiair is a mj'th." COIIME-NTS ON THE RECORDS. This communication from the Citj' Clerk of Mobile is valua- ble in more points than one. In another place he states that there is in his office on file an affidavit from Shoemake relative to the prosecution. The nature and subject of this affidavit was not inserted in the Clerk's communication. Why this affi- davit of Shoemakers as one of the prosecutors, and none to be found from any of the other three prosecutors, is a profound mj'stery. Again, alfidavits before Grand Juries, in connection with prosecution for libel, surpasses ordinarj^ comprehension. The missing of so many papers, and the derangement of all others, might be charged to the neglect or carelessness of the custodian, the then Clerk, but how can the legerdemain disap- pearance of Shoemake's name trom the trial docket be ac- counted for? No reasons — uo cause for the same can be found] 152 APPENDIX, The present Clerk is bewildered, aud can give no explanation on the matter. Such being the case, is it not reasonable to presume that the leaders of the prosecution then controled the files and records of the office to suit convenience? Prosecution foul in the commencement needs props, subterfuges and mj'stery in ever}' stage of progress. But the most impenetrable darkness of all is, Shoemake'^s name being found on the trial docket as one of the prosecuting parties. The order in which they stand on the docket is cases number 61, 62, 63 and 61, corresponding with which the prose- cutors are G. Y. Overall, C. F. Moulton, G. A, Cleaveland and S. S. Shoemake; and in agreement with the same, four appear- ance bonds are found. The question now for solution is, did Shoemake really get a bill from the Grand Jury of Mobile at the November term, 1858, along with the other three? The files and records show that he did. Now let it be borne in mind that this man was the agent to bear the requisition from the Governor of Alabama to the Governor of Mississippi foi' the arrest of J. R. S. Pitts. Let it also be borne in mind that J. R. S. Pitts is positively certain that he never gave any bond to cover the case of Shoemake — only three. Overall, Moulton and Cleaveland's; and that before receiving the Clerk's com- munication, he never knew that Shoemake was one of the docketed prosecutors; but he did learn during the time of his trial, that Shoemake tried to get a bill in the February term? 1859, and signally failed. Choose either end of the dilemma and the difficulty is not at all obviated. If he did get a bill, the rascalit}' is equally manifest. To go to Mobile, Ala., to prose- cute while he was a resident of Mississippi, and J. R. S, Pitts also a resident of this State, is utterly incomprehensible in any other light than a flagrant outrage on ever}- principle of law and justice. If he did not get a bill, the files and records show forgery of the darkest hues. So, then, from whatever stand- point the whole affair is viewed, atrocity and corruption of the most aggravated character stare the impartial inquirer in the face from every direction. APPENDIX. 153 As before seen, the trial opened on the 23d of February, 1859. The indictments were for libel in three cases as the de- fendant understood the same. The prosecutors, first, G. Y. Overall; second, C. F. Moulton, and the third, G. A. Cleveland. As it had been previouslj' 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 pros- ecution 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 extraordi- nar}' 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. SIIOKMAKE AND B. TALTOR IN COURT. As before noticed in another part of this work, S. S. Shoe- make will again be introduced as pla3-ing a very conspicuous part, not onl3' on trial, but also before the Grand Jur^-, which was organized for the then present term of the City Court. Notwithstanding the "records" to the contrary, the follow- ing 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 sadlj- disappointed. This Grand Jurj- had had more time for thought and reflection than the preceding one, and peremptorily refused his applica- tion. 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 sue- 154 APPENDIX. ceed in making juries subservient to his dark purposes of crime and tlissimulation. On the da}' of trial, the counsel for the defence availed liim- self 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-r,uled 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 par- ticularly- noticed b}^ the defendant. This man, as was after- ward learnt, had been conveyed b^- 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 ver}- little or nothing at all, and was evident to oil 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 majest}' not easily described. Calm, deliberate, and with an external appearance of the perfect gentleman, he gave his tes- timony with elegance and beauty of language, almost sufficient "to deceive the very elect." His testimon}-, 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 Cope- land, 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 amoiint of credit his testimony was worth. His then uninterrupted evidence being given, the next ordeal wr.s his cross-examination by the counsel for the defence. The APPENDIX. 155 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 hadat anj- previous time addressed a letter or communication of any sort to the Sheriff of Perry county, Mississippi . He answered that he had no recollection what- ever 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 Jur}' 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 con- flicting testimony. The witnesses who had been previously summoned, Avere now called forth to testify' to the handwriting of the John R. Garland letter, as well as to the general character of S. S. Shoe- make, as to whether or not his being a man of truth and verac- ity. After examining the letter, several of tliem expressed, according to the best of their knowledge, tliat 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 ibr and introduced, Cornelius McLamore, gave still stronger and more decisive testimony. No man could have had greater facilities for thoroughly understanding all about Shoenuke than Cornelius McLamore. He, without any doubt 156 APPENDIX. whatever declared tlie hand- writing to' be, undoubted!}', 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 mur- dered 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 DcKalb, May 21st, 1871, written b}' a prominent gentleman and ex-Sheriff of the county in whicli 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 3'our 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 crush- ing 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, wlio had immediately before denied the same on oath in open court. The&e 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 Mc- Lamore, for, as the defendant has been authoritativcl}' in- formed, the former was during some time book-keeping for the latter. APPENDIX. lo7 G. Y. OVERALL PROVES AN ALIDI. Sboemake, the first witness for the prosecution, had made such a wretcdied failure that no efforts were made to l)ring in the other witness from Missiisippi of the same character, Ben- touville Taylor. The prosecution next introduced" two wit- nesses from Columbus, Miss., and one bj' the name of G. W. Overall, all to prove an alibi, and that G. Y. Overall was posi- tively residing in another place at the time referred to in Cope, land's confessions. This testimony was satisfactory and un- objectionable; but, as will be shown in further progress of the trial, did not in reality invalidate the confessions in any ma- terial point whatever. The examination and cross examination of the different wit- nesses, with the arguments of the opposing counsel, accupied the Court for about two days; and had G. Y. Overall's object been nothing further than the establishing of his own inno- cence, 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 com- plete unmasking of the infamous conduct of the former was anything but auspicious for the prosecution, and left a very unfavorable impression on all who lieard the proceedings as- to the character of the prosecution. TUE 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 occu- pied a period of two hours and a half in delivery. Dis- tinguished 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 congre- 158 APPEKDIX. gated to catch the utterances from his flowing lips. His wither^ Ing 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 w^ere 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 if not coming to any agreement at all. After retirement for about twentj^-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 COtJKT AND THE JtJRV. Upon the reception of said report, the Judge made some changes In his former charges to the effect that if doubt es Isted, the Jury must give the defendant the benefit of such doubt ; farther adding, tiiat he should not discharge until the rendering of its vei\lict; and at once ordered it to retire again, with additional information that if it required any explana- tion on an}' points of law involved in the case before it, to re- port 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 tlie Court, stating tliat a ma- jority of the Jur}' entertained doubts; and as for himself, he had conscientious scruples as to the propriety of confounding G. Overall and Q. Y. Overall together; while, at the same time, the principal part of the Jury did not believe that when Cope- land gave the name that he intended It for G. Y. Overall, and APPENDIY. 159 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 intelli' gent conduct of the young gentleman, but informed him at the same time that the Jury must bo governed according to the law and evidence before it. To this declaration, Mr. Young made the following repl}*: "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 Biiiile on the Judge's countenance, and created no little sensa^ tion throughout the court-room among the legal fraternit}-, some of which Were heard to exclaim— ""a pretty good lawyer himself." The Judge, feeling the Weight of such an expres« sion, did not attempt any further remarks in reply for thi.? time> tamperino v;ii'h the jury. The jury once more retired. The court kept furnishing fresh pharges 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 jurj-, 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 e^fcessive loss of rest, together with no hope of immediate relief, as tlie judge had declared liis intention to keep it in strict confinement for an indefinite period, unless a verdict could sooner be re- turned ; all these miseries endured, and in prospect to be en- dured, 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. Over- all, but had not the most distant idea of any imprisonment re* suiting. 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. 160 APPENDIX. In addition to the torturing process resorted to for the pur- pose of forcing a verdict from the jury in its last liours of confinement, other shameful means were made use of by out- siders 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 those notes and pacliages could only be conjectured — the recipients them- selves 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 jur}', openly declared that if they had been aware of the fact that the judge h9,d the power to im- prison, suffering as they were, never would they have consent- ed to a verdict in favor of the prosecution. Another dis- tinguished 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, sj-mpath}^ and contrition, which will be best understood in his own words : " My dear sir, my feelings are deeply wounded, and I feel as thouiih I have committed aver}- great wrong in giving consent against m}' 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 en-or, 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 roe, sir, to ac- knowledge 3'our trulj' sympathetic manifestations with all the welcomeness and gratitude which are possible to be expressed; and also to further express to you that notwithstanding this APPENDIX. 161 heav}- 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 lite, and in spite of malig- nant 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 pre- pared 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 re- quest 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 donebj- him. His friendship — his whole-souled treatment reached to an extent not to be sur- passed b}" any. Hospitalities at his own mansion in profusion, a separate parlor well furnished with books of eveiy descrip- tion, 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 recrea- tion, of the prison boundaries ; all such conveniences and com- forts were freely and lavishlj- bestowed; and for which a last- ing 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 aftbrd. These visits were sincere, friendly, and consoling, indeed; in short, everything which could be done to remove dullness and make the time glide away agreeablj-, was done with cheerfulness and with C— 11 162 APPENDIX. truly natural fervor of heart. Time did not hang heavily; hut passed away briefly — a time which can now be referred to with pride and satisfaction. THE CLAN GROVELLINGLY PENETRATES PKIVATE 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 ap- pointed 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 en- gagement 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 sufiicicnt to mar the existing engagement, and finall}- to break up all further considerations of the matter with a view to bring on a reaction of public prej- udice to take the place of public sympathy, which was then running in favor of the defendant. But few have an}^ 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 fic- titious signature of Amogene Colfax has been misplaced or lost. Its appearance in this work would be valuable by the wa}' of giving some idea of the clan's complicated machinations; how- ever, Miss Bowen's reply will afford information enough to APPENDIX. 163 satisfy that she was far be3^ond 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 novv judge for himself: MISS bowen's letter. Ocean Springs, Miss., March 16, 1859. J. R. a. Pitts, Esq., Jlobile, 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 makino- the properly deserving repl3^ 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 com- plete 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, 3'our Last letter, hns afforded is beyond the powers of description. In the first stages every efll'ort 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 niiliction from the silent meditation of your melancholy situation, none but myself can have any correct idea of the internal striigglea 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 3-0U that all is well, leaving you comfortably situated and cared for in every respect, which affords me the moat exquisite relief. From gloom and despair to joy and hope, the transition was rapid and sudden. The following from your pen affords a sat- isfactiou which words are incapable of representing: "You will please give yourself no uneasiness of mind so far 164 APPENDIX. 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 3^our entire innocence, de^pl}' S3niipa- thize with you; and, as for m}- own part, this ordeal has only been a trial of m}' 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 be- tween us. Even a brief narration of little ordinar}' simplicities may sometimes be enjoj'ed by minds accustomed to higher ranges of thought, and which frequently soar to loftier spheres of the grander contemplations of nature's wonderful works. Ac- cordingly you will be disposed to pardon anything which ^-ou may here find apparentlj' 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 ^'ear. It is just now revy 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 warb- ling melodies echoing as ihoy are wafted along on the zephyrs of the morning and renevifed 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 APPENDIX. 165 seem rather hard, yet, perhaps, all for the best. The dispensa- tions of Providence cannot be otherwise; and it is vain to re- pine against what we do not understand sufficient!}'. It is true m^- pathway- has been interspersed^ with man}' ditficulties and heart-rending trials from ni}- earliest childhood; and they seem to still follow me up to the present da}'. 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 relig- ion, 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, "Gome 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 BOWEN. This is, perhaps, the proper place for the insertion of Dr. Bevell's letter to Miss Bowen. It contains important matter of a public nature, which will again have to be referred to in the subsequent comments which are to follow. Let it be carefully read : April 12, 1859. Jfiss J. p. Bowen, Ocean Springs, 3fiss. : Excuse me, an entire stranger to you, for the liberty and freedom I take in addressing you. Although, personally, we are unacquainted yet my sympathies are with you and your unfortunate intended. I formed his acquaintance in Augusta, Miss., while he was engaged in wi'iting the confessions of Cope- land — the cause of his present unjust imprisonment. Although he is in prison, and redeeming an unjust sentence, his friends have not deserted him, as is too often the case, but visit him regularly and inquire after his welfare with the greatest anx- 166 APPENDIX. iety, and endeavor to administer to his ever^^ want and com- fort. His friends, though numerous previous to his trial, have greatly increased in number since. We have made an effort to limit his imprisonment through the pardoning power of Governor Moore, by an article addressed to him in the shape of a petition, with about six hundred signatures of the most responsible citizens of iNIobile; but in this we have failed, and, to my deepest regret, he will have to serve his time out. We first drew up a petition to Judge McKinstr}', signed by a respectable number of the jury, but hearing of his negative declarations on the street, we declined honoring him with the request. Although we have failed in these efforts, the conduct of all the opposing clique strongly indicate to my mind that the principal stringent ruling is to gratify, and sustain, and retain political influence. The opposing jaarty have by no means sustained itself to the world, notwithstanding the obtaining of a forced verdict and fine in the pitiful sum of fifty dollars, which the jurors are determined shall not come out of Colonel Pitts' pocket. The Colonel has the sympathy of the principal citizens of Mobile; and, among that number, almost, if not quite, the entire portion of the gentler sex; and as long as he has those amiable creatures advocating his cause he is free from all censure and harm. He was extremely unfortunate in not being able to prove certain facts on his trial that have since /llmost revealed themselves. I think myself they have seriously regretted the past and present dail}' expositions. Colonel Pitts is as comfortably situated as possible under the circumstances. He has the entire libert}' of the prison bounds, with no restraint whatever on his person or actions — sharing freely the hospitality of our inestimable Sheriff and family. He has an excellent little parlor, well fitted up for convenience and comfort. I was one of the unfortunate jurors who tried the case, and f]-om m}'' observations prior to, and during the progress of the APPENDIX. 167 trial, in m3' humble opinion he met with strenuous ruling and injustice. Yet he bore all with that fortitude and patience that ever characterizes a truly good man; and, since his confinement, appears to be composed and resigned to his fate. This has had a tendency to influence a favorable impression in his behalf among the citizens of Mobile. His friends in ^Mississippi, who are very numerous, are very much incensed against the Court, and manifested their indignation by public declarations in their public newspapers. His greatest grief and mortification are in 3'our behalf. He suffers more on your account than he does on his own. He has dail}^ the fullest assurance and confirma- tion of the kindest feelings of our best people. And what more could he want? It is looked on as one of those misfortunes incident in life that sometimes cannot be avoided honorabl}'', and the only chance is to brave the storm fearlessl}^ until a more congenial sun will burst forth to his advantage, which will be better appreciated and enjoyed had he never been in prison. I do hope you haN e firmness and decision enough to fast adhere in adversitj^ — spurning the advice of those who would attempt to prejudice you against him. Sympathizing with him under the clouds of misfortune, rejoicing with -him in prosperity, and 3-et be happy together; and may 3-ou both live, not to exult, but witness tlie repentance of 3'Our enemies, is the desire of your well wisher, Ver3' respectfull3-, 3'ours, John a. Bevell. Miss Bowen availed herself of the ver3^ earliest opportunity to ackuowletlge and to reply to this valuable communication, in which will be found some statements well worth}' of record. MISS boaven's reply to de. bevell's lettee. Ocean Speings. Miss., Apeil 16, 1859. Dr. John A. Bevell, Mobile, Ala. : SiE : — I am iu receipt of 3-ours, bearing date 12th inst., and sensibly feel the loss of suitable language for a correct ex- / 168 APPENDIX. pression of what is due for 3'our inestimable favor. It has been read with intense interest. It came at the opportune moment when most needed, and contains matter which to me is of the highest earthly treasure, and for which the ordinary returns of gratitude are but a faint expression of the true es- timation entertained in my own mind. To learn from one so competent to furnish correct informa- tion of the eas3' and comfortable situation of my much esteem- ed friend, Mr. P., is gratifying in the extreme. At first, imagination had drawn pictures too darkly of him being im- mured in solitary confinement where the cheering raj's of solid friendship could not penetrate. How agreeably I have been disappointed. Your communication has completely dispelled for the future all such illusor}^ apprehensions. Friends numer- ous, and sympathy not confined to narrow limits, with an abundant plenty of everything else calculated to alleviate the misfortunes of a temporary exile. But allow me to cjnfess to you that the recent trial, with its apparently sad results, has with me in no wise made the slight- est change deleterious to the future interest and happiness of m}- friend. Previous to this memorable event in his life, with him I had pledged for an early approach to the hymeneal altar, and was fully satisfied then that he was, in ever^- respect, ■worthy of such a pledge of confidence; and if his merit were, deserving the same in that day, they are certainly, in m}' opin- ion, more so to da}-. As3''et I have not heard a single word uttered that does not fully justify Mr. P's action in giving publicitj' to the historj^ of Copeland. The public good of his country demanded such ac- tion from him. Bearing in mind such circumstances, I could not, with any degree of consistency, suflTer myself for a moment to be biased or influenced by out-siders, and, ijoore especially, by those who are violently antagonist against the author for doing that which ought to be received by the public generally as a great blessing to societv. APPENDIX. 169 You will please do me the kindness at youv earliest conveni- ence to infoi'in Mr. P. uot to siitTer himself to be in the least troubled on my account, nor to entertain any doubt of my un- swering constancy. In this respect, perhaps I am endowed with as much stability as any, and as much as he can desire. Although heretofore strangers, nevertheless, I hold to be much indebted for the warm interest you have taken in behalf of my friend, and indeed mutually so of both. Very respectfully, etc. , J. P. BOWEX. From every creditable source, profuse attentions had entered through all avenues of the prison wall ; and now the defend- ant's time for which he had been sentenced was about to expire, preparations were immediately made to honor him with a "re- ception committee " to greet him from the narrow limits to the realms of libert}-, where dwells the broad expanse of earth and sky. Confinement had not coi'roded the soul's finer parts; and to show how devoid his mind was of ever}- semblance of preju- dice or malignit}', a brief extract fi'om his address delivered on that occasion when emerging from his sentence bounds, will be read with some degree of interest. AN EXTRACT FROM THE SPEECH OF THE DEFENDANT BEFORE THE COMMITTEE. "Gentlemen, at this proud moment, the breath of liberty is refreshing. From an incarceration so unjust, you welcome me back to freedom with as much joy as I can possible experience myself at this instant of time. Rather as a very much perse- cuted individual than a criminal do ^'ou this da}' consider me. For this demonstration of your kindly sentiments, as well as on all other occasions, my gratitude is tendered in profusion. "What is it that can not be endured while being surrounded with friends so devoted and sincere? The reception you have seen proper to give me, removes all doubts as to the manner I will be 170 APPENDIX, metb}' other circles of my fellow beings. "Well do I know how hastily iudgment is often pronounced without sufficiently discriminating betwixt guilt and innocence. This morn- ing I leave the precincts of prison unconscious of any wrong by me committed, but, on the contrary, am strongly impressed with the convictions that I have materially served my country b}^ giving publicity to the career of a band of men who, for 3'ears, held whole States in absolute terror. For this I have suffered, but do not repine, because time^ the great friend of truth, must eventually triumph. From prison I come not forth burning with vindictive or revengeful feelings against any. Notwithstanding the wrongs endured, I have passed in my own heart an act of amnesty so far as. private considerations are concerned, and whatever course may be maiked out for the future, onlj^ the public good will, in this respect, afford me any interest for subsequent pursuit. To you, and to other large bodies of respectable citizens of jNIobile, for petitioning the Governor for pardon, although a failure, yet equally do I return thanks for the best of intentions as though they had been perfectly successful." Immediately' after his release, letters of condolence and con- gratulations, h-om distant parts, and almost from every direction poured in . One in particular from a friend in Gonzales, Texas, will also be read with more than ordinary- interest. Its spirit and intention were to impel him forward to higher achiuvenients of fame and utility. a letter from a frien1> in texas after defendant's release. Gonzales, Texas, Dec. 30, 1850. Dr. J. li. S. ruts, Medical College, Ala. : "Dear Sir: — In the sunshine of prosperit}', friends will crowd around like bees on the honey-comb, but when the low- ering clouds of adversity appear, there are but few who will not be found among the ranks of deserters, your case, however, forms an exception to the general rule. You have been favor- APPENDIX. 171 ed b}' the benign and exhileruting influences of fortune; and 3'ou liave also experienced the dark and bitter reverses with which humanit}' is so often saturated. At one time, she has thrown around you a joj^ous halo of felicity — at another time she has forsaken you with a treacherous inconstanc}-; buc amid all her various phases of change which you have endured, tiie sympa- thy and good-will of every honest heart has beat high in your behalf. Your vile prosecntors succeeded by miserable subter- fuges of law, which involved you in serious pecuniar}- embar- rassments, and consigned you within the dreary walls ot con- finement, but time is now doing justice both to you and to them. You are mounting up into a brighter — a purer atmos- phere of public estimation, while they are descending as rapid- ly into the dark abodes of eternal execration. No one can feel more elated, or more disposed to congratu- late you on anything pertaining to your interest, happiness, and success than myself; and certainly none more willing to contribute at every opportunity' all within the power of one individual to your permanent gratification : how could it be otherwise? I have known you long ; a chain of unbroken friendship has ever continued betwixt us; and more than all, I am proud in the contemplation that I have had some share in your early education. Your attention is now directed towards the medical profes- sion ; and here I can express a few words of encouragement without acting derogator}' to the principles of rectituile or sincerety; for if thinking otherwise, most certainly would I prefer the task ot assisting at the risk of displeasing you. The medical profession aftbrds a line scope fur the develope- nient of eveiy faculty belonging to llie human soul. Man, "the image of God," is the most wonderful and con^,i)licated machine in the universe. Here is the noblest of all subjects — vast, boundless, and inexhaustible. Here is a theme on which the finest geniuses of the world have been engaged: a theme in connection with which the accumulation of intellectual 172 APPENDIX. wealth and constant progression have l3een marching onward with giant strides from the commencement of man's mundane existence; yet but little hope — but little prospect of ever reach- ing peifection ; hence tbe encouragement for onward acquisi- tion for further triumphs of science. Knowledge is valuable only in proportion to its applicability for preventing or alleviating the sufferings of humanity; then where is the avocation more adapted to better accord with this sentiment than the medical profession? Of course, I exclude all consideration in reference to the man^' quacks, empirics and murderers, who assume the medical garb without the least sign of internal qualification. There is nothing in all the wide diversified forms of creation that can give 3'ou such lofty conceptions of the attributes of the Deity as the stud}- of man! Life's warm stream which ramifies and circulates in processes so wonderful; the numer- ous heterogeneous fluids which are secreted from it to answer all the astounding purposes of systematical economy with the nicest of all exactness; and all this by a "vital principle" which none can define, but which serves very well to represent our ignorance; the almost countless numbers of self-acting — self-propelling powers, with multitudes of valves, hinges, joints, all working in the grandest of earthly harmony; these are me- chanical operations which belong to the Deit}-, and mock the proudest of all efforts in vain imitation. But what arc these in comparison to the human mind — this noble prerogative of man? It is this which makes him the "lord of creation," and draws the broad line of distinction betwixt himself and the lower order of creation. It is to this we are indebted for the manifold wheels, springs and levers which carry society along; in sliort the moral transactions of this revolving globe owe their origin and continuance to its agency. The science of medicine comprises a considerable knowledge of the whole. To understand any one business well, we must have much in- formation on the relation of man}'. The study of causes and APPENDIX. 173 effects of physical phenomena, as well as the faculties, senti- ments, and propensities of the human soul, are all within 3'our province. But without enlarging, enough has been written to urge and animate 3'ou on in the work you have so well begun." The most remarkable action of any executive was that of the Governor of Mississippi in giving assistance to the "clan" in its expiring throes, whether intentionally or uninten- tionally, is not material now to enquire. From this action alone, but few are incapable of understanding, to some extent, the influence which wealth and distinction can exercise in cases, no matter how depraved they may be. This is only one instance from incalculable numbers which might be adduced where even the highest departments of State can be made subservient to vitiated purposes. A LETTER TAKEN FROJt THE "TRUE DEMOCRAT." The following was published in the True Democrat, from the pen of -one of the ablest Judges in the eastern part of Missis- sippi, shortly after the liberation of the defendant: Mr. Editor — We heartily sympathize with J. R. S. Pitts, Sheriff of Perry county, and are deeply mortified at the yield- ing course of our Governor in rendering him up a prisoner in obedience to a requisition from the State of Alabama. We look on this whole affair as being preposterous in the extreme. To have the Sheriff of one of our counties forced to vacate his Office, temporarily, and to be taken like a common felon, and carried to another State, and there be tried as a malefactor, and for what? Wh3-, for simply writing and publishing the confessions of a notorious "land pirate," one of a gang of banditti that has till recently been a terror to ihe whole country for a great many years. Such a course betraj-s a feebleness of nerve on the part of his Excellency perfectlj' unpardonable in the Executive. The "Wages and Copeland Clan" have become as notorious in portions of Mississippi, Alabama, Louisiana and Texas, as 174 APPENDIX. Was the pirate and robber, John A. Murrell, and his clan. It is well for Mr. Pitts that his friends volunteered to guard him and protect him until he reached the city of Mobile in safety. Talk about rendering him up on a requisition that claimed him as a "fugitive from justice," when the offence, if an}', was committed in this State, when he v;as a citizen of Perry county, and Sheriff of the county at the time, and quietly at home discharging the duties of his office. "Oh! shame, where is thy blush?" But we rejoice to learn that his prosecutors have failed to hurt him. They may have forced him to draw heavilj^ on his purse to fee lawyers, pay tavern e:spenses, etc., but the}'^ have not hurt his character. He stands to-day proudl}- vindicated as a bold and efficient officer before an impartial and un- prejudiced public, Mr. Pitts is too well known in Mississippi for the tongue of slander or the hand of the bitter persecutor to injure him seriously. He is a native of Georgia — "to the manner born." He was reared and principally educa*^ed in Mississippi. And right in the county where he v,'as princi- pall\' raised, he was selected by a large majority of the citizens of the county to serve them and the State in the high and re- sponsible office of Sheriff of the county; and that too when he had barel}" reached his m_ajority of 3^ears. The intelligent citizens of Perry county elected him by their spontaneous suf- frage sold}' on account of his great moral worth and his supe- rior business qualifications. The most amusing circumstance in the whole affair is, the report industriously circulated that Mr. Pitts did not write the book— that he is not scholar enough to write such a book. The report refutes itself by its own palpaple absurdity. Every- body who is acquainted with Mr. Pitts knows that he is a fair English scholar, and a very good writer. The book is a valu- able book; and it has dune, and will do more to rid the country of the clan it exposes than even the killing and hanging has done. APPENDIX. 175 Mr. Pitts may congratulate himself as having done more with his pen as an author than he did with the rope and gallows as Sheriff. Much more might be said in vindication of thig l>ersecuted gentleman, but this is deemed sufficient. Mr. Pitts is a 3'oung man, and will, if he lives many years, work out a character in high social po ition, and official position, too, if lie seeks it. From his beginning, I predict for him a brilliant career in the future . Very respectfully, Vikdex. THE CHARACTER OP THE PROSlSCUTOR. The vile character of the prosecution is not yet sufficiently understood. There is j'et more to be developed. Enough has already been brought to light to give some idea of Shoemake, one of the main witnesses in the struggle to crush truth. Earth was never trod by a more dangerous and despicable wretch than this. He was the embodiment of all that was mean, cruel, bloody and horrible. How much superior the other agent and intended witness, Bentonville Taylor is, the reader -will judge for himself from the following authentic testimony. The statement will be remembered in the commencing part of the proceedings of the trial that no ordinar}' amount of as» tonishmcnt was experienced b}^ the defendant when Benton- ville Taylor was called into court as one of the principal wit- nesses for the prosecution. The defendant well knowing the character of this man, he lost no time for getting the most sub- stantial of testimony touching his notorious reputation . This testimony lias been held in reserve up to the present period for reasons which will be given presently'. In Shoemake's evidence, the prosecution sustained such an overwhelming defeat that it refrained from calling up another of the same type for that time. As before stated, Bentonville Taylor was brought from "Williamsburg, Covington count}". Miss. The nature of his testimony, intended to be given ia court) was immediately learned .iifterward by his card published 176 APPENDIX. in one of the Mobile newspapers. The substance of this card was to the effect that the names given in the confessions were forged bj' the defendant, and that Copeland himself was insane at the time he made the confessions, and the same entirely im- ■worth}- of an}' credit whatever either in public or private. It was thought at the time that Bentonville Taylor was to be used in the other two cases of Moulton and Cleaveland against the defendant to be afterward tried. This is one reason why the documents pertaining to Bentonville Taylor have so long been w'thheld. Another is, it is always painful, in the absence of imperative nccessit}', to make public such considerations as, under other circumstances, might be better enveloped in silence; but when charges of forger}^ have been made, and that the "whole confessions are entirely unworthy of credit, then it be- comes an absolute necessity' to know something of the man who has had the audacity to make such charges. First v^'ill be given some extracts from a letter which was intended for publication at the time, but on more mature thought was decided to be suppressed for the same reasons as just given. This letter is now in the hands of the defendant, the severer parts of which will still be suppressed for humanity's sake: "Who is this Bentonville Taylor, where did he come from, and what his character as established by himself? It seems he came to Ellisville, Jones count}-. Miss., about the time or shortl}' after Copeland was brought from the Alabama peni- tentiary to Mississippi to be tried for the murder of Harvey — pretending then to be a Yankee school master seeking employ- ment — having with him a woman whom he introduced to that community as his sister and assistant teacher. They obtained a school; he and his sister took board in a respectable family located in Ellisville, Mr. Parker's. Thc}^ had not been there long before reports got out in this family of such a nature that is perhaps imjjroper to publish. However, Mr. Parker ordered them to leave his house. The trustees of the school forthwith APPENDIX. 177 called a meeting, which resulted in the discharge of both. They were promptly paid off; the woman left for parts unknown, while he has been loitering around in the adjoining counties in a way anything but satisfactory-, ever since, He got out a license to plead law, defended Copeland in his last trial, and then was brought from Williamsburg, Covington count}^ by the Mobile prosecutors, to there serve their purposes, in the most reduced of external condition and centless, but returned in the finest suit of attire, with plenty of money in his pocket — the rewards of his services in Mobile for falsehood and at- tempted deception. And this is the respectable lawyer from Mississippi, as represented by one of the prosecutors. A cheaper and more degraded instrument could not have been found in all Eastern Mississippi. A poor subterfuge to resort to such a man to lie men out of deserving censure. How readily it seems the prosecution knew where to place its fingers to sub- serve the purpose. A few more such licks will nail the truth of Copeland's confessions to the cross forever." But read the documcLts now in possession, from the best and most respectable citizens of Jones county, about this man : The State of Mississippi,) Perky County. j' This da}' personally appeared before me, A. L. Fairl}-, a Justice of the Peace, in and for the said county and State aforesaid, Franklin J. Mixon, who makes oath in due form of law, and on oath saj's that Bentonville Taylor stole from this affiant a bridle and girth, while this affiant resided in Jones count}-, Mississpipi, at, or near, Hoskin's ferry in said Jones county, in the month of March or April, 1858. Sworn to, and subscribed before me this twelfth day of April, 1859. A. L. Fairly, J . P., P. C. Signed, F. J. Mixon. C— 12 178 AfPENDIJC State of Mississippi,) Perky County. f I, James Carpenter, Clerk of the Probate Court of said county, certify that A. L. Fairly, whose name is signed to the above affldayit, was at the time of signing the same,^a Justice of the Peace, in and for said county, and that full faith and credit are due all his oflicial acts as such. Given under my hand and seal of said court, this sixteenth day of April, 1859. James Carpenter, Clerk Prubate Court, Perry Co., Ilis-s. ElLisville, Jones ColtnTy, \_ Mississippi. ) Wc, the undersigned citizens of said county and State afore- said, do hereby certify that we are well acquainted with Ben- tonville Ta^dor, and know him to be a man of no moral worth as a citizen, no character as a lawyer, nor school teacher, and a man to whose word wc could not give any credence for troth and Veracity. J. L. Owen, Att*y at Law, Ellisville, INtiss. J. A. Easterling. Norval Cooper. S. E. Nettles, Treas. of Jones county. F. K. Willoughby, Justice of the Peace. Hiram Mathas. Isaac Anderson . M. H. Owen. Amos J . Spears. Richmond Anderson. Thos. D. Dyess. John H. Walters. H. D. Dossett, Kx-Sherlff of sa5d county. appendix, 179 State op Mississippi.) Jones County. \ I, D. M. Shows, Clerk of the Circuit and Probate Courts of said county, do hereby' certify- that I believe the men vrhose names appear to the foregoing annexed certificate, are men of truth and veracity. Given under my hand and seal of office this second da}- of April, 1859. D. M. Show?, Clerk of C & P. G. Ellisville, Mississippi, f Jones County. f I, E. M. Devall, Sheriff of said county and State aforesaid, do certify that I believe that the men whose names appear to the foregoing annexed certificate are men of truth and veracitr. Given under my hand and seal this 2d day of April, 1859, E. M. Devall, Sheriff Jones count}-. After Bentonville Ta^'lor returned from Mobile, I saw him and told him of the rumor that was in circulation relative to his going to Mobile as a witness against Col. J. R. S. Pitts^ and he denied emphatically to me of having any share in the transaction, and also stated that the aforesaid rumor was false. [Signed.] Edward W. Goff. The next question to be dealt with is the miserable plea of insanity, and forged names in the confessions. First, let the report from the inquisition jury be read, which will be found on page 113 of this work. Again, it is well known by those who visited Copeland In person, that there was a keenness and shrewdness about him which distinguished hira from ordinary men; and all the promptings given to feign insanity did not amount to anything but deserv- ing failure , And as to the gratuitous charge of forging names, the defendant did not know anything about them previous to 180 APPENDIX. being given by Copeland. He did not know that such names were in existence before, and of course could not forge in the absence of all knowledge appertaining; but the conduct of the prosecution, with hundreds of living witnesses, go, as quoted from the letter just referred to, " to nail to the cross forever the truth of Copeland's confessions." So much for the trial in Mobile in the first case, and now for the necessary comments to further enable the reader to compre- hend the whole. There were two other cases on the same docket of precisely a similar nature to the first against the defendant. For two or three years afterward he was in regular attendance, and always read^^ for trial; but the prosecution would not allow either case to come on until known that his presence was required in the army during the war; and then it had the cases called up, and the bonds declared forfeited. The two cases were ordered dis- missed, and, some several 3'ears afterward, the bondsmen were finally released b}^ the " Commissioners of Revenue" without injury. Nothing is plainer than of the prosecution being glad of any plausible pretext for dismissing the cases — anything in the shape of a convenient opportunity for relief in the awkward situation in which it stood. Why so determined and success- ful to bring on instanter the first case in spite of the most powerful reasons for a temporar}' continuance? And wh}', when this was over, was it equally deternjined and successful to ward off the two remaining cases? Is it not evident, not- withstanding all the prostituted forces at command, that it was unwilling to make a second experiment? But how stands the presiding Judge afl^ected in this slim}' atfair? In the first case, in defiance of the most powerful cause assigned in favor, he would not allow one hour of continuance of the case; but from term to term, from year to 3'ear, he allowed the prosec\ition all it wanted, regardless of all the urgent eflbrts of the defendant for the remaining trials to be proceeded with to save entire ArPEXDIX. 181 ruin from excessive and repeated expenses. But when the de- fendant's absence was compelled b}^ demands made from the War Department, then did this Judge allow the case to be pressed forward by the prosecution, and the bonds declared forfeited! If this junta, or combination of Judge with the prosecution did not exist, the plainest of all circumstantial demonstrations are not worthy of an}' notice whatever. But this is only one instance out of a number, which will be given of this Judge's partiality' — of his palpable efforts to do violence to justice. Again, mark his conduct in endeavoring to obtain a forced and unnatural verdict. After twentj'-four hours of close con- finement, the jury returned with the report that there was no earthly chance of coming to an agreement. The Judge bid them, contrary to all custom, to again retire, with a declara- tion that he would hold it in confinement until the verdict could be made up, even though an indefinite period were re- quired to accomplish the object. Had he before been in consultation with the prosecution? Did he know the whole arrangement? Did he know that some one or more, perhaps influenced by gold, were resolved to hold out to the bitter end? And that one by one of the opposition, under the tortures of long confinement, must keep falling in to avoid further suffering, and more especially when the cunning device was resorted to for the purpose of deceiving the oppo- sition b}' inducements to the eftect that it was han^ly worth while holding out when all could be so easil}^ avoided b}^ a few dollars of fine in the waj' of damages, which would not at all hurt the defendant? What was the meaning of the sham in his appearing, in the first part of his instructions, to lean to the defendant b^' telling the jury that if there was a doubt ex- isting with it, the defendant was entitled to the benefit of said doubt; and then, in the last hours of worn out confinement, came squarely out in conflict, and positively told the jury that it i's gifted sons: "Calico Dick is the same brigand — the infamous Jim Mc Arthur. He himself states that when he was a ^"outh in Georgia, he stole a bolt of calico — was detected and received thirtj'- nine lashes, and ever since has been called Calico Dick. He APPENDIX. 199 was suspected of murdering ii peddlar ia Hancock county 3'ears ago, and acknowledged, with the rope arcund 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 o( the Copelaud clan. He committed many crimes during the war. At any time during the second 3'ear of the war, when we had no law, if I had met him, I would have shot him from m}' knowledge of his crimes." Jackson Countv, 1873. From another friend, in Jackson count}-, he stil' further exhibits the man in his true colors; "James McArthur, long known as Calico Dick, has resided man\' 3'ears in Hancock count}^ Mississippi. Though absent frequently for months, sometimes for a 3'ear or two. His own statement when he first appeared in the count}^ was, that he stole apiece of calico, from a countr}^ store in Georgia, and being detected received thirt3-niue lashes. ISo far from being ashamed of this exploit, he boasts of it, and when drinking often repeats the stor}- of his lilth}' life. He soon luade him- self known in Hancock as a gambler; and from his frequent mysterious journeys, and generall}' returning with a fine horse and plenty of money, he became an object of general suspicion The Murrell clan, and, subsequentl}^ the Wages and Cope- land clan were then operating thoughout the countr3'. Negro- stealing, horse-stealing, counterfeiting, highwa}' robbery and murder had been reduced to a S3-stem, and it was rare that anj-- bod3' was brought to justice. If any part}* was arrested, some of the clan was always on hand to prove an alibi. Suspicion ver3^ often pointed to an individual, but people were afraid to Lint their suspicions lest the3^ might draw down upon them 200 ATPESDIX.. some secret reng-eance — the burning of their dwellings or as- sassination. Thus, crime was committed with impunity. A peddler, known to have considerable money, was found miirderedi in Haneockj and though there was buts one opinion as to who committed the deed, no one wj^s arrested. The county was flooded with spurious cohi. McArthur was known to make frequent journeys towards Mobile and to the Sabine on the Texas line, and when he returned, there was ahvays an inllux of bad mone}' 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 multipl}'? and this cIjvss 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 bis 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 1S45, counterfeiting, horse-steal- ing, stock- stealing, and other crimes became so common; and the county so swarmed with idle, worthless, and suspicious characteis, the citizens of Hancock formed a vigilance com- mittee for mutual protection. It embraced the best, most re- sponsible, and determined men in the county. They arrested a number of persons, most of whom confessed to being, or hav- ing 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 Euss, J. W. Eoberts, 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 hungimg hisT! APPENDIX. 201 instanter. Indeed tlie rope was around his neck; but some one suggested that if they hung him, man}' important secrets woukl die with liim; and that it was better to spare his lil'e on the conditions oC full confession and his immediate and per- petual departure IVom 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 swani}), where he fabricated spurious monej'. 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 peimitted 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 re- turned 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 countrv. Some were de- serters from the Confederate ranks — some joined the United State army, and deserted their coloi's came back to their old haunts and their old leader. Some were pi'ofessional thieves, robbers, and murderers, who never belonged to either army, but took to bushwacking, and jayhawing for a living; robbed tlie old, the widow, and the orphan without scruple, and often added arson and murder to their robberies, McAi'thur was constantly on the wing on the old pattern fol- lowed by Wages and Copeland. Since the war, he has passed much of his time in Alabama; but I am informed b}' citizens of Hancock that he has for some months past been dwelling in that count}'. His doings in Alabama ought to be traced out. What he is after in his obscure den in Hancock count}', will, no doubt, in due time, crop out." 202 APPENDIX. Calico Dick is described bj' tliose who have seen him as having the appearance of being deformed from the effect of disease. The external appearance indicate considerable curva- ture of the spine. Others more intimate and better acquainted with liim, sa}' that this seeming curvature is caused by the con- stant wearing of a steel plate, which is used for the purpose of carrying cards; and that the plate is so constructed that he can vt-ithout detection take from or add to his hand while play- ing, and with the assistance of his spring plate renders it im- possible for any one to compete with him in this department of gambling. The report of his death I)}' 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, ]\Iis- sissippi, 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 i-ather amusing, and should not be entirely- overlooked. In the year of 1868, he purchased a ticket to Enterprise, on M. tt O. R. R., to Quit- man, and got on board of a freight train, which carried him to the next station below, DeSoto, some four or live miles lurther 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 ju'lgraent reversed for a new trial. Ilowevei', a compromise was made, and the C(>inpan_y only paid him Wyq hundi'cd tloUars, 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 satis- fied on the matter, wrote to one member of the compan}^ in high position, and i-eceived from him by wa}' of reply the following: ''I know James ^NIcArthur, often called 'Calico Dick,' but know little of his antecedents. APPENDIX. 203 " He did bring a suit against the railioad for taking him past Qtiitman to DeSoto, I think in 1SC7 or 18GS, and Judge Leaeh- man gave judgment on denuirier, not a jury, for, I tliink, $10,000. Exceptions were taken, and tlie case sent to the High Court, where tlie error was cause to send it back for a new trial. Before the new trial was had he proposed to com- promise, and I did so for |500, he paying costs, but I do not know that he did pay, as he said he had given securitj' for costs, and the Ckrk might make tliem. "I have not seen ' Calico' in the last two years, but presume he lives, and has his 'Tiger' yet. The last time I saw him Vv'as at State Line, where he told me he was 'flat broke,' and his 'Tiger' in 'soak,' and he wanted with his whole soul a ticket to Mobile on credit. He got it, and I have not seen him since. "June 25, 1874." There must be sometliing remarkable about this man, other- wise he could not so long have escaped the last penalties of tlie law and the vengeance of an outraged po]:)ulation. The last heard of him, of import, was his visit to Escatawpa, Ahx., a short time before the f ml murder of W. C. Stanley, of this place, particulars of which the reader will now examine, as re- lated to Dr. Pitts by one of the main witnesses involved in the case ; but it should be first remembered that "Calico Dick'' made a visit to Escatavvpa, then left for JMobile, Ala., and in a few days after his nephew, Frost, came to Escataw[ia. The current Ijelicf is that he was induced to do so under the in- fluence of his uncle. KEFLECTIONS ON THE FOREGOING, AND OX TIIIC CONSEQUEXCES OF INABILITY TO REPRESS SUCH FEAGUAXT AXD WELL KNOWN CRIMES. The masterly description of the terrible clans as the}- have heretofore existed, and as given by the natural as well as artis- tical pen of the Jackson county correspondent, cannot be over- 204 APPENDIX. estimated. It will well pay for perusal and re- perusal again and again. Let the following quotations never be forgotten : " The M'orst of human crimes had been reduced to a S3"stem, 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. Suspicions often pointed to an individual, but people were afraid to hint their suspicicns lest the}' might draw down upon them some secret vengeance — the burning of their dwellini?s or assassination. Thus crime was committed with impunit}'. 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. iMcArthur, thougli personally known to be an abject coward, became, through desperate men which he commanded, an object of terror to the timid; and even respectable men were weak enough to court his lavor. The late Colonel Glenn vrould often say, after his attendance on the Hancock Circuit Courts, that he was shocked to see decent men jesting and drinking with sucli a wretch! The secret was that these men dreaded him and his ijano;." The above is a whole volume for contemplation. Decent, respectable, and distinguished persons jesting and drinking with renowned and scientific criminals through fear of confla- gration and assassination. No efforts made to bring to justice — crime passing with respectable impunity. Honor crime, and numbers will soon increase prodigiously. Make escape easy and almost certain, and the law will carry no terrors with it. Grievances, real or imaginary, and oppor- tunities will be sought to bring in play the bowie-knife and revolver. Let life's warm stream flow freel}', the sight com- mon, and human life will soon be worth no more than the dog's. Let a callous indifference pervade the community when the tidings of outrage, robbery and murder are brought, and soon will tlie great arteries of a State's wealth and prosperity l)egin to langnisli and dccaj'. Under such a system, can civilization APPENDIX. 205 progress? Will capital invest to set the springs of industry at work? Can wealth and intelligence thrive under such blight- ing influences of desolation? Is not government strong enough to protect its subjects? If not it should be, and the sooner it can be accomplished, the better it will be for alj classes of so- ciety. Even atfluent railroad companies have to bend .to such men as Jim McArthur. To produce wide-spread fear and social insecurity', it is not necessar}' for crime and murder to be of an every-day occurrence; it is the hopelessness of getting redress from the courts as they are at present constituted that is so pernicious in consequences. THE HORRID MURDER OF W. C. STANLEY AT ESCATAWPA. W. C. Stanle^^ came to Escatawpa with a small capital, and invested to the amount of two or tliree hundred dollars worth of goods. On or about the night of the 6th of June, 1872, he was brutally murdered, and was not found until one or two days afterward, when the woods hogs were discovered eating up his lifeless body. An inquest was immediately held, and one on the jury by the name of Oye, tried to implicate a colored man, William Powe, on a plea of his having made some thieats pre- viously, but this insignificant plea was quickl^^ ruled out of consideration as unworthy' of any credit whatever, and properly so, for the colored man satisfactorily proved himself clear im- mediatel}' afterward. A verdict of murder b}' some unknown hands was returned. However, one by the name of Frost began to get very uneasy, and left the place the second or third da}' succeeding. The passions of the citizens around became greatly inflamed by having such a horrid murder committed within their midst. And this was not the only one; no less than ten other brutal murders had occurred in and about the place within a very limited period of time. Elood and terror reigned to an extent never before experienced. To such a pitch of atrocit}' had this neighborhood got that no man could leasc n- ably feel safe twenty-four hours. ;206 APPENDIX. Almost under any plea life was taken with but little hesita- tion by lawless violence. However, these good citizens held meetings to protect themselves against such diabolical out- rages which thcii, of late, had been perpetrated in large numbers. Tlic}', well knowing Mr. B. F. Woulard to be a close observe/, and active and energetic in every other respect, ap- pointed' Inm as the most suitable and reliable person in the capacitj' of detective to ferret out and apprehend the guilty parties. He obeyed the call, and, after Frost, took the first train to Mobile, Alabama, where, after much trouble, he learned that Frost hfld departed for Ba}^ St. Louis, Mississippi. Still forward, and without delay, he very soon reached that place, where he found him stopping wi'^h one of his aunts, and arrested him almost without disturbing the family. There taken before the Cit}' Marshal, who was acquainted with Frost, and knew him to be of ver3' bad character^knew that he had soujctime before endeavored to indnce young men of that city to engage in the counterfeiting business. Mr. Woulard well knew that Frost, prior to the murder of Stanley, was without money, and did not reall}' have respectable clothing to wear, though, when arrested, he had two valises well packed with good, substantial clothing, which he had purchased when pass- ing through Mobi'e, as learned by detective Woulard on his return to this city, with Frost still under arrest Then and there, the firm of Jacobins & Bi'isk gave information to the effect that Frost had purchased from seventy to eighty dollars worth from this firm. It was now plain lo detective Woulard that Frost had received money some where, and was required to give an account of the same. He answered by declaring to have obtained it by registered letter. On further investiga- tion, it was satisfactorily shown that he had received no regis- tered letter; and r>ow finding it was vain to attempt to conceal any further, he was about to make a confession of the whole affair; but a person by the name of Cotton, in Mobile, stepped up and learned the cause of arrest, when, to detective Woulard, APPENDIX. 207 he proposed for Frost to be turned over to him for a while, during whicli lime he would be fipt to get from him a full con- fession of all the facts connected with the case. Accordingl}', Frost was placed in Cotton's custody for something like an hour, when he returned v/ith this rei)ort: "You have certainly got the right man; go now and arrest Oye and his wife, at Escatawpa.*' In compliance with such advice, detectiA'e Woul- ard lost no time, but hurried back with Frost, and there did arrest Oye, But here Frost's confession should be given, v.'hieh in sub- stance, was as follows: "At the time Stanley was absent from home on business, Oyc availed himself of the opportunity by going to Mrs. Stanley, and by an attempt at strong reasoning, he persuaded her to leave him — all the while believing that Stanley, in such aa event, would become so dissatisfied to an extent sufficient to cause him to sell his goods, which could be so managed as to give Oye the preference of purchase, when the money paid for same could be got back by a devised scheme of robberj-, But in the interval between the commencement of the plan and Stanley's return, two Irish shoe-peddlers came into the neigh- borhood. Oj-e purchased the remnant of goods they had on hand. Forthwith one left — the other remained and boarded with O^^e. Now, Stanley returned home, and found that his wife had left him, and his store, with all other of his effects, in the hands of Oye. This unexpected conduct of his wife had, according to Oye's calculations, the desired effect. Frus- trated and discontented to an extent better imagined than described, he at once desired to dispose of his whole interest in the place. This was what Oye wanted, and quickly pro- posed to buy hinj out, v/hich proposition, under the circum- stances, was readily accepted, Oye paid the full value of the goods without any scruples whatever, and put Frost in charge of the same. Stanley, during the time he intended to remain in the neighborhood, and Frost now became room mates, and 208 APPENDIX. boarded at the house of Oye. Up to this time, the progress had been attended with very little trouble, and everything seemed to promise continued success. The next movement was a secret consultation among the three — O^'e, Frost and the Irish shoe-peddler, the latter of which, from inference, seemed to have before afiiliated with such company, and likely his ap- pearance as an Irish shoe-peddler at the time had all been pre- viously arranged to produce the desired eifect. This consulta- tion was for the purpose of decoying Stanley out on a fishing excursion, so that he could be ambushed, robbed and murdered. Frost was the person agreed on to perform the part of betray- ing Stanley out, but, on more mature consideration, 0\'e could not repose sufficient confidence in the Irishman — entirely' ruling him out, and broke up the first agreement. The next one adopted was for Frost to inform Stanley that 3Irs. Oye had been receiving letters from his wife, Mrs. Stanley. Frost further intimated that he could so manage as to get hold of one or more of these letters, and wouhl, the first opportunity, do so for Stanley's satisfaction. Stanle\% very much wanting to know the whereabouts of his wife and children, urged Frost to get possession, if possible, of the letters the first convenient opportunity. So far, there was a mutual understanding between the two. But little time elapsed before Frost made known that sure enough he had succeeded in getting the letters from Mrs. Oye, and was then in possession of tlie same. Night being present, it was agreed for Stanley to retire with him, for the pui'pose of reading the letters, to a place some two liundred yards in the rear of Oye's drinking saloon, which place is a pine thicket or grove. Matches were procured, and forward they went to this designated place. Here Frost handed Stanley some sort of a paper package; and while Stanley was in the act of making a light from a match to a candle, Oye suddenly rushed up with a loaded revolver, and shot Stanley through the head — followed by five more discharges at him. After he had fallen, Oye was about to put his hand in Stanley's pocket APPENDIX. 209 ibr roone}', when a hollow groan was heard, indicating that the last sign of life had not de[)arted. to full_y eflect which, 03'e, with his pocket knife stabbed the victim several times in the , breast, and then cut the throat from ear to ear. Oye now leaves Frost to get the money and drag off the corpse to some old well near l\y, while 03'eit3' of convicting any belonging to the worst class of criminals. ^APPENDIX. 'Ill Since the forgoing was prepared for the press, the following additional information lias been received through a highly re- sponsible source from Now Orleans, La. : MORE ABOUT FROST, "CALICO DICK s" NEPHEW. "Frost shortly after the murder of W. C. Stanlej-, in Alabama, made his appearance at Baj^ St. Louis, with two carj>et bags filled with fine clothing and his pockets full of money. He "dis- played this ostentatiously, and spent it lavishly in the coffee houses. While splurging in this style, he was arrested and taken to Alabama, on the charge of murder. When he was discharged (to the amazement of everybody) he returned to the Ba}', and by some means was made au assistant light-house keeper on Chandlier Island: How he got in this position would be well worth finding out. Recenth' the keeper sent him to New Orleans to draw his (the keeper's) money. Frost drew it. and wrote to the keeper that he had deposited it with a certain firm in the city. On inquiry, such deposit had not been by him made, and he with the money disappeared some six weeks ago . He and his uncle are capable of any crime, but are cowards," August 13, 1874. necessarl' comments on unpunished crime. Talk of reform and State improvements, impossible while this system of things continue; "as well expect grapes from thorais or figs from thistles." Not occasional robberies, not occasional murders alone that poison the vitals of society. These will sometimes occur under the best government — under good laws and well administered; it is the ninet3'-nine chances for escape to one for conviction which produces so much evil. When punishment is sure to immediately follow the commission of crime, then society can repose in security; but otherwise, the honest and peaceable live in fear — the dishonest and dis- orderly in defiant lawlessness. Overt crime, regardless of law. 212 APPENDIX. with a determination to remain and risk all consequences from the farcical courts; in such cases, arrest sometimes follow, but the bail is ready, and with a few dollars acquittal will be almost certain. If the case is too dark and unpopular, time after time the trial will be put otf, until, according to common parlance, the case is worn out, or some material witness got out of the way, and then the answer is "read^- for trial" — well knowing the result which must follow. But. oftener, if the criminal leave the county or State, no more notice is taken — no effort made to reach and bring him back. It is seldom that redress is ever endeavored to be obtained by process of law. This reluctance cannot be wondered at in the face of so many unblushing recommendations and encour- agements from unprincipled attorneys in open court to willful violations of law; not to be wondered at when the injured prosecutor experiences nothing but abuse and malicious, or rather mercenary, invective, while the vile criminal is allowed to walk out of court unhurt and plumed with the laurels of victory, even in the worst cases which can possibU' be con- ceived. If one person becomes irritated against another, no matter lor what cause, either real or imaginary, he thinks not of investigation in the courts, but either sets in to break up his antagonist by private and mrilicious mischief, or he way- lays, ambushes or seeks an opportunity to create a quarrel, so that life can lie taken under the plea of justifiable homicide! But sordid, corrujit and sinister motives do not always stop at acquitting the guilt}'; they occasionally labor as hard to har rass and punish the innocent! The autlu)r"s case, in his trial at Mobile, is one instance s may prevent abler minds from grasi)ing the evils which have been only faintly touched on in this humble and unostentatious work which is now submitted to the public The thunders and turbulent billows of criticism ma}- ])lay in wild warfai-e against it, but simplicity and truth will finalh^ prove more than the match to sustain it. The author has studiously avoided tintinir any of his obser- AIM'KNDIX. 217 A'atioiis witli prerLTdues in. favor of eitluM' of the rontlietiug political parties of the (lav lie has indiiliicd in no personal considerations for the sake of i'evcni>e. Ho has constantly kept in view ])ul)lic evils as they at ])rcsent exist, and can see no eft'ective remedy from the triumph of cither of the political parties. The evils are fundamental, and require new combi- nations to meet the exegencies ftf the times, and to i)revent further of intestine convulsion . Tn concentrating', or giving additional [loirer, the seci'et and difficult}' consist in preventing the (ibufie of this jjower. Not in excessively frequent elections; not in the glowing descrip- tions as given b}- Republican and Democratic orators and writers, which have had their origin in the wild domains of fancy ; nor not in the harsh acerbitnde which come from the archieves of despotism can the remedy be found to prevent the abuse of power . All these have sufiiciently been tried with a melancho!}' failure. A form of government perhaps well adapted to one stage in the progress of a nati<:)n, may, if con- tinued, i)rove fatal in a more advanced period of progression. Let us hope that passions will, subside within due bounds for temperate I'easons to mount the throne, so that this necessary change can be accomulished with tlie vengeance of tlie Chm luG G. Y. Overall, proves an alil)i 157 The Court and the Jur)- 158 Tampering with the Jury 159 Sympath}' of the Jury 160 Failure of Petition ■ 161 Miss Bowen's Letter. 163 Dr. BevelTs Letter to Miss Bowen 165 Miss Bowen's Reply. 167 An Extract from tlie speech of the Defendant before the Committee 169 A Letter from Gonzales, Texas, to Defendant 170 A Letter taken from the '-True Democrat" 173 Character of the Prosecution 175 Concluding Sketch of the Trial 188 Another design oi" assassination 193 Shoemake again 194 The murder of Sheriff Smith, of Alabama 19(*) James McArthur, or "Calico Dick " 197 Reflections on the history of "Calico Dick " 203 The horricd murder of W. C Stanle}-, at Escatawpn, Ala., 205 "Neeessary commcHts on unpunished crime.. 211 V .v ;^>ii^>:"