It was then that I more seriously meditated on my situation than I ever had done before, and wondered to myself what I should do for the best. I felt very sad, and thanked my God for my providential escape, believing that all the rest of my comrades were in eternity. But after I had thus meditated and reflected upon the past, I felt that I deserved death, when all my crimes again stared me full in the face. I then formed a stern resolution within my own breast, that if God would permit me ever again to reach my home, that I would refrain from all my evil ways, and become a Christian, believing that God had been merciful to me, in preserving me, and hurling my comrades and associates into another world.
After a while I became more collected and concluded I would go over to Daniel Brown’s, who, I knew, did not live far from that place. I had been there but a short time when my brother John came up, bare-headed, and mud above his knees, where he had run through a muddy reed-brake. He called me to one side, and in a few words he told me that Stoughton was not killed, but Pool was, and that our enemies had left there. He saw them carrying Harvey away, and he thought Harvey was dead; that we had better go over and do something with Pool and get Stoughton, and leave.
This was on Sunday, the 15th of July, 1848. Several persons had accidently happened in at Brown’s that day. I went into the house and told the company what had happened over to the other house, since I left; that there had been some shooting done, and that Pool was killed, and I expected Harvey was; that we were on our way to Honey Island, and stopped there for the night; and that I had come over to Brown’s to get some bread baked, and that it had all occurred since I left; and that I would like to go over and do something with Pool, and see if Stoughton was killed. A number of persons went with us to the place, some ladies among the rest. When we got there we found Pool lying dead. We laid him straight on his back. I recollected that he had some money, and I soon sounded his pockets, and obtained one hundred and twenty dollars of the money I had given him. There was a five dollar gold piece missing. I took all he had. As he had other means, I knew that the money would do him no good then. I went into the house and got John Copeland’s hat, and went down to the side of the swamp and called Stoughton, and he came out. We were then all together again, except Pool.
We gathered our guns, returned to Brown’s, eat dinner, and left for home. But in the affray I had lost my memorandum book, and in that book was the diagram or map and directions where to find the money which belonged to Wages, McGrath and myself; I hunted for it diligently, but could not find it. It certainly went in a very mysterious way, and I have often since thought that the decree of Justice forbid me enjoying that money.
After we left Brown’s that day, we traveled on the same route we had come. We slept in the woods that night, and next day we got something to eat at Peter Fairley’s, and so continued our journey on home, where we arrived on Sunday, the 22d of July, having been gone just fourteen days. When we arrived, old Wages was highly pleased that Harvey was killed, and he and the old lady very promptly settled with us. He paid us off with his place on Big Creek, in part, and the balance in hogs, cattle, pony horses, carts and farming tools and utensils. My father and mother, with the family, removed to the place.
In a very little while after that, the times began to be very squally. Old Wages and his wife had to pull up stakes, take their negroes and leave the country, at a great sacrifice of their property. I was already an outlaw; my brother John now became one with me. Stoughton, like a fool, as he was, took a yoke of oxen, or some cattle, which he had received from Wages in part pay for his services, to Mobile for sale. While there, he was arrested and put in jail, under the requisition of the Governor of Mississippi, and conveyed from Mobile to Perry county, where he was tried and convicted twice. The first conviction was reversed by the Appellate Court, and while in prison, waiting a second hearing, he died. So went another of our clan to eternity.
I still continued laying out and hiding myself from place to place, fully intending to leave the country just as soon as I could settle my business; and I even made several appointments of times that I would go, but some way, or somehow, there appeared to be a supernatural power which controlled my every action, and I could not leave the vicinity of Mobile.
During that fall and winter my brother John and I made two trips from Big Creek to Catahoula to hunt for that money, and the last trip we made I was prepared to leave. Brother John had left the principal part of his money at home, and had to go back after it, and he prevailed on me to go with him. We returned to the vicinity of Mobile, where I loitered away my time for some month or two, and it seemed that my mind in some way became confused and impaired, and I took to drinking too much spiritous liquors. One day, some time in the spring of 1849, my brothers John, Thomas, Isham or Whinn, and I were at a little grocery store near Dog river, about twelve miles from Mobile. I drank too much spirits and became intoxicated, and in that situation I imagined every man I saw was trying to arrest me. I fell in with a man by the name of Smith, an Irishman, and a difficulty occurred between us; I concluded that he intended to arrest me. I drew my double-barrel shot gun upon him and intended to kill him. He was too quick for me; he threw up my gun, drew his dirk and stabbed me just above the collar bone. The wound did not quite penetrate the cavity of the chest, or it would have killed me; I threw down my gun and ran about two hundred yards and fainted. My brothers then carried me about two miles, and one of them went home and got a carriage and took me home. Smith went to Mobile and told the news. A party came out and tracked me up by the blood, and arrested and carried me to Mobile jail.
I was now in the worst situation I ever was in in my life. One indictment against me in Alabama for larceny, and another against me in Mississippi for murder, and the requisition of the Governor of Mississippi then in the hands of the officer to carry me there to be tried. The question was which trial to avoid; if found guilty, as I felt certain I would be, in both cases, one would be the penitentiary for not less than four years, and the other would be hanging. I employed the best counsel that could be procured in Mobile, and on consulting with him and making him fully acquainted with all the facts, he advised me to plead guilty of the larceny and go to the penitentiary of Alabama; “for,” said he, “you may stand some chance after your four years are out to make your escape from the clutches of the law in Mississippi. They may not think to file their requisition with the Governor of Alabama in time, and in that event, when your time expires, you will be let loose.”
My trial came on before my wound was near well, and I was brought into court and arraigned, and the indictment read to me in open court. When asked “are you guilty or not guilty?” I plead guilty, after which my counsel addressed the court and prayed its indulgence in passing sentence, and that the term of punishment be made as short as the law would permit, which was accordingly done, and sentence of four years at hard labor in the penitentiary of Alabama was passed upon me.