The following is an extract from a letter dated DeKalb, May 21st, 1871, written by a prominent gentleman and ex-Sheriff of the county in which the town of DeKalb is situated:
“There has never been any person living in the county by the name of John R. Garland. Mr. McLamore has never been heard of since the time he was a witness in your case, during the month of February or March, 1859.”
Two powerful motives predominated for the termination of his existence. The first, the unrelenting revenge for the crushing defeat he gave to others, and particularly to Shoemake while on the witness-stand. And secondly, to prevent an indictment for perjury against Shoemake; for it will be remembered that he swore positively to the hand writing of Shoemake, who had immediately before denied the same on oath in open court. These two considerations, together with having just sold his cotton, the money for which he had then in his possession, will account for his presumptive murder. No one could better understand the hand writing of Shoemake than Cornelius McLamore, for, as the defendant has been authoritatively informed, the former was during some time book-keeping for the latter.
G. Y. OVERALL PROVES AN ALIBI
Shoemake, the first witness for the prosecution, had made such a wretched failure that no efforts were made to bring in the other witness from Mississippi of the same character, Bentonville Taylor. The prosecution next introduced two witnesses from Columbus, Miss., and one by the name of G. W. Overall, all to prove an alibi, and that G. Y. Overall was positively residing in another place at the time referred to in Copeland’s confessions. This testimony was satisfactory and unobjectionable; but, as will be shown in further progress of the trial, did not in reality invalidate the confessions in any material point whatever.
The examination and cross examination of the different witnesses, with the arguments of the opposing counsel, occupied the Court for about two days; and had G. Y. Overall’s object been nothing further than the establishing of his own innocence, he might have succeeded commensurate with his own unbounded desire; but what was he doing associated with such men as S. S. Shoemake and Bentonville Taylor? The complete unmasking of the infamous conduct of the former was anything but auspicious for the prosecution, and left a very unfavorable impression on all who heard the proceedings as to the character of the prosecution.
THE ARGUMENTS FROM BOTH SIDES.
The closing of the testimony was immediately followed by the opening arguments of the solicitor for the prosecution, which continued for a considerable length of time. Next the argument of Hon. Percy Walker, for the defense, which occupied a period of two hours and a half in delivery. Distinguished as he had heretofore been on all occasions, this, as was said by his friends, was one of the greatest and happiest efforts he ever made. At the time the court-room was crowded almost to suffocation, and outside of it thousands were congregated to catch the utterances from his flowing lips. His withering torrents against Shoemake electrified the court; but his main argument went to show that G. Y. Overall had no right to prosecute in the name of G. Overall, and that it was another person referred to in Copeland’s confessions.
The prosecution replied; and now the arguments from both sides being finished, the written notes from each, together with instructions from the Court were furnished to the jury, and it forthwith retired to its room for the purpose of trying to agree on a verdict. But it was soon ascertained that there was a very strong probability of it not coming to any agreement at all. After retirement for about twenty-four hours without any harmonious result, it reported to the Court the almost certainty of not being able to render any verdict on the case pending before it.