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 Perry 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 was sentenced to be hung by the neck until he be dead, on the thirtieth day of 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 body 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, between 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 September, A. D. 1857.
[Seal.] W. M. Hancock, Judge.