| 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. |