| 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.