TRIAL OF JAMES COPELAND.
TRANSCRIPT OF THE JUDICIAL PROCEEDINGS.
At the September term of said Court, in the year A. D. 1857, on Wednesday of the term, it being the 16th day of the month, James Copeland was taken to the Bar of the Court and arraigned upon an indictment, found by the following Grand Jury at the March term, 1857, to-wit: John McCallum, Lemuel Strahan, John W. Carter, Allen Travis, Lewis H. Watts, James Chappell, G. W. Rawls, Wm. Jenkins, Peter McDonald, Malachi Odom, Joseph G. Young, James M. Bradler, Sr., Stephen Smith, Wm. Hinton, Edmund Merritt, Sidney Hinton, Joseph T. Breeland, Henry Dearman, Lorenzo Batson and John Fairley, Foreman—which indictment was as follows:
| STATE OF MISSISSIPPI, | } |
| Perry County. |
In the Circuit Court of Perry County—At March Term, 1857.
The Grand Jurors for the State of Mississippi, summoned, empanneled, sworn, and charged to inquire in and for the State of Mississippi, and in and for the body of the county of Perry, upon their oath, present, that James Copeland, late of said county, on the 15th day of July, Anno Domini, one thousand eight hundred and fifty-eight, with force and arms in the county of Perry aforesaid, in upon one James A. Harvey, then and there being in the peace of God and the said State of Mississippi, feloniously, wilfully and of his malice aforethought, did make an assault; and that the said James Copeland, a certain shot gun, then and there loaded and charged with gun powder and divers leaden shot, which shot gun, so loaded and charged he, the said James Copeland, in both his hands, then and there, had and held, to, at, against and upon the said James A. Harvey, then and there feloniously, wilfully and of the malice aforethought of him, the said James Copeland, did shoot off, and discharge; and that the said James Copeland, with the leaden aforesaid, out of the shot gun aforesaid, then and there by force of the gun powder, shot and sent forth as aforesaid, the said James A. Harvey, in and upon the left side of him the said James A. Harvey, then and there feloniously, wilfully and of the malice aforethought of him, the said James Copeland, did strike, penetrate and wound, giving to the said James A. Harvey, then and there, with the leaden shot so as aforesaid, discharged and sent forth, out of the shot gun aforesaid, by the said James Copeland, in and upon the left side of him, the said James A. Harvey, a little below the left shoulder of him the said James A. Harvey, divers mortal wounds of the depth of three inches, and of the breadth of one quarter of an inch, of which the said mortal wounds, the said James A. Harvey, from the fifteenth day of July in the year aforesaid, until the twenty-fifth day of July in the year aforesaid, languished, and languishing did live; on which said twenty-fifth day of July in the year aforesaid, the said James A. Harvey in the county of Perry aforesaid, of the mortal wounds aforesaid, died; and the jurors aforesaid, upon their oaths aforesaid, do further present, that John Copeland, late of the county aforesaid, on the day and year first aforesaid, in the county of Perry aforesaid, feloniously, wilfully and of his malice aforethought, was present, aiding, abetting and assisting the said James Copeland the felony and murder aforesaid to do and commit; and the jurors aforesaid upon their oath aforesaid do say, that the said James Copeland and John Copeland him the said James A. Harvey, in manner and form aforesaid, feloniously, wilfully and of their malice aforethought did kill and murder, against the peace and dignity of the State of Mississippi.
George Wood, District Attorney.
Upon this indictment was indorsed “A true bill signed, John Fairley, foreman.”
At the September Term the following proceedings were had in the case: “Be it remembered that there was begun and held a regular Term of the Circuit Court in and for the county of Perry and State of Mississippi, at the Court House of said county, in the town of Augusta, the place designated by law for holding said court, on the second Monday of September, in the year of our Lord one thousand eight hundred and fifty-seven, it being the 14th day of said month, present the Hon. W. M. Hancock, presiding Judge of the 8th Judicial District of Mississippi, George Wood, Esq., District Attorney for the said 8th Judicial District, James R. S. Pitts, Sheriff of Perry county and James Carpenter, Clerk of said Court.”
| State of Mississippi, | } | Murder. |
| vs. | ||
| James Copeland. |
This day comes George Wood, District Attorney, who prosecutes for the State of Mississippi, and the prisoner is brought to the bar in custody of the Sheriff, and upon notice of the District Attorney, a special venue for thirty-six free-holders, or house holders, of Perry county, and liable to jury service therein, ordered returnable to-morrow morning, at 8 o’clock; the prisoner, in his own proper person, waiving two days’ service of a list thereof and a copy of the indictment, consenting that it be returned at said time; and upon suggestion that the prisoner is insane, it is ordered that the Sheriff of Perry county summons twelve good and lawful men of said county, to be and appear before said Court on Tuesday morning at 8 o’clock A.M., to take inquisition as to the case of lunacy, and try whether the prisoner be of sound mind and understanding.
Tuesday Morning, 8 o’clock.
Court met pursuant to adjournment. Present as on yesterday.
| State of Mississippi, | } | Murder. |
| vs. | ||
| James Copeland. |
This day comes George Wood, the District Attorney, who prosecutes for the State of Mississippi, and the prisoner is brought to the bar, in custody of the Sheriff, whereupon comes a jury of good and lawful men, to wit: Porter J. Myers, Malachi Odom, Sr., J. M. Bradley, Jr., Darling Lott, Malcolm McCallum, Angus McSwain, Q. A. Bradley, J. M. Bradley, Sr., Wm. H. Nicols, W. C. Griffin, D. S. Sapp and James Edwards, who are regularly summoned, elected and sworn, and well and truly to try an issue joined, ore tenus, whether or not the prisoner be of sound mind, and whether he possesses sufficient intellect to comprehend the cause of the proceedings on the trial, so as to be able to make a proper defense; or whether the appearance of insanity, if any such be proven, is feigned or not; and the evidence having been submitted to them in the presence of the prisoner, they retired to consider of their verdict, and in his presence returned the following, to-wit: “We, the jury, on our oaths, find the prisoner sane; that he possesses sufficient intellect to comprehend the cause of the prosecution on the trial, so as to be able to make a proper defense, and that the appearance of insanity which he has exhibited, is feigned.”
And thereupon the prisoner is arraigned on the charge of murder, as preferred by the bill of indictment; and upon said arraignment, says that he is not guilty in manner and form as therein and thereby charged, and for the truth of said plea he puts himself upon the country; and the District Attorney in behalf of the State of Mississippi doeth the like.
And thereon come the following good and lawful men of Perry county, to-wit: Zebulon Hollingsworth, J. J. Bradley, John A. Carnes, Francis A. Allen, Wm. W. Dunn, Adam Laird, who were regularly summoned on the special venue returned in this case, and who in the presence of the prisoner are regularly tried and chosen between the prisoner and the State; and the special venue being exhausted the Sheriff proceeded to call the regular jurors in attendance at this term, and Daniel S. Sapp, Seaborne Hollingsworth and Francis Martin were in the presence of the prisoner tried, and chosen between the State and the prisoner; and the regular jury being exhausted, the Sheriff is directed to summon thirteen bystanders as jurors, and from the number so summoned as last aforesaid, Milton J. Albritton was in presence of the prisoner duly tried and chosen between the State and the prisoner; and the said thirteen persons so last summoned being exhausted, it is ordered that a venue issue, commanding the Sheriff to summon twenty good and lawful men of Perry county, to be and appear before the court to-morrow morning at 8 o’clock, A. M., to serve as jurors in the trial of the issue aforesaid, and the prisoner is remanded to jail, and John W. Carter is sworn as bailiff to take charge of the jury.
Wednesday Morning, 8 o’clock, September 16, 1857.
| State of Mississippi, | } | Murder. |
| vs. | ||
| James Copeland. |
This day comes George Wood, District Attorney, and the prisoner is again brought to the bar, in custody of the Sheriff, and also comes the jury whom yesterday were duly tried, chosen and taken between the parties; and thereupon comes James M. Pitts and John H. Holder, who were this day returned as jurors in the case, in obedience to the command of the venue, last issued on yesterday; who in presence of the prisoner are regularly tried, chosen and taken between the parties; and the jury so chosen, as aforesaid, are empaneled and sworn, in the presence of the prisoner, well and truly to try the traverse upon the issue joined between the State and the prisoner aforesaid, and a true deliverance make according to the evidence; and the evidence is submitted to them in the presence of the prisoner, and the opening argument is heard, on the part of the District Attorney and the further consideration of the cause is continued until to-morrow morning, and the prisoner is remanded to jail.
Thursday Morning, 8 o’clock, September 17, 1857.
| State of Mississippi, | } | Murder. |
| vs. | ||
| James Copeland. |
This day comes the District Attorney, and the prisoner is again brought to the bar in the custody of the Sheriff, and the argument is resumed and concluded; and the jury are instructed by the Court at the request of the counsel, in writing, and the jury retire to consider their verdict. And in the presence of the prisoner return the following, to-wit: “We, the jury, on our oaths, find the prisoner guilty in manner and form as charged in the bill of indictment;” and the prisoner is remanded to jail to await his sentence.
SENTENCE OF THE COURT.
Friday Morning, 8 o’clock, September 18, 1857.
| State of Mississippi, | } | Murder. |
| vs. | ||
| James Copeland. |
This day comes the District Attorney, and the prisoner, who was on yesterday convicted of the crime of murder, is again brought to the bar. And thereupon the prisoner by his counsel moves the Court for a new trial, which motion was fully heard and understood by the Court; and is by the Court here overruled. And to the opinion of the Court in overruling said motion, the prisoner by his counsel here excepts:
| State vs. James Copeland. | } | Murder. |
| Motion for New Trial of the Collateral. |
Issue joined as to the sanity of the defendant, and his capacity to make defense in the charge of murder.
1st. Because the Court erred in refusing instructions asked by defendant and in granting those asked by the State.
2d. Because said verdict is contrary to law and evidence.
Taylor & Wilborn, for Motion.
And the prisoner being asked what further he had to say why the sentence of death should not be passed upon him, says nothing in bar or preclusion. “It is therefore considered by the Court, here, and is so ordered and decreed, that the prisoner be taken hence to the jail from whence he came, and there safely kept until the thirtieth day of October, in the year of our Lord one thousand eight hundred and fifty-seven; and that the Sheriff take him thence on the said day, between the hours of ten o’clock in the forenoon and four o’clock in the afternoon of said day, to the place appointed by law, for execution; and that he, the said James Copeland, on the said day, between the hours aforesaid, be hung by the neck until he be dead.”