Life and bloody career of the executed criminal, James Copeland, the great Southern land pirate

by J. R. S. Pitts

Upon the reception of said report, the Judge made some changes in his former charges to the effect that if doubt existed, the Jury must give the defendant the benefit of such doubt; further adding, that he should not discharge until the rendering of its verdict; and at once ordered it to retire again, with additional information that if it required any explanation on any points of law involved in the case before it, to report accordingly to the Court, and it would give the proper instructions sought for. After the Jury had remained some day or two longer in retirement, the Court ordered it to report, on the arrival of which, the Court desired to know the points of disagreement. In answer, one of the jurors, W. L. Young, rose and respectfully addressed the Court, stating that a majority of the Jury entertained doubts; and as for himself, he had conscientious scruples as to the propriety of confounding G. Overall and G. Y. Overall together; while, at the same time, the principal part of the Jury did not believe that when Copeland gave the name that he intended it for G. Y. Overall, and that the latter had no proper authority for accepting the name of G. Overall, as published in the confessions. The presiding Judge appeared to be well pleased with the manly and intelligent conduct of the young gentleman, but informed him at the same time that the Jury must be governed according to the law and evidence before it. To this declaration, Mr. Young made the following reply: “Please your Honor, and suppose we do not believe the evidence in the case before us.” This ready, but profound reply excited, to all appearance, a pleasant smile on the Judge’s countenance, and created no little sensation throughout the court-room among the legal fraternity, some of which were heard to exclaim—“a pretty good lawyer himself.” The Judge, feeling the weight of such an expression, did not attempt any further remarks in reply for this time.

TAMPERING WITH THE JURY.

The jury once more retired. The court kept furnishing fresh charges in opposition to the first given; the last of which was so pointedly as to declare in positive terms that according to the law and evidence it, the jury, was compelled to find a verdict for the prosecution! Six long days and nights had this jury remained in confinement. Worn out by it and with excessive loss of rest, together with no hope of immediate relief, as the judge had declared his intention to keep it in strict confinement for an indefinite period, unless a verdict could sooner be returned; all these miseries endured, and in prospect to be endured, forced the jury at last to a verdict against its better judgment by the understanding or impression artfully made that it would be better to get liberty by agreeing to a verdict with a small amount of fine in the way of damages for G. Y. Overall, but had not the most distant idea of any imprisonment resulting. But the judge better knew the law which invested him with power to imprison for six months, but in this instance he sentenced only for three months.

In addition to the torturing process resorted to for the purpose of forcing a verdict from the jury in its last hours of confinement, other shameful means were made use of by outsiders of a tampering nature—such as the conveyance of notes and packages in bottles to that part of the jury in favor of the prosecution—one end of the string tied to the bottle, and the other end, in the form of a ball, thrown through the window to be received by the parties intended. The nature of these notes and packages could only be conjectured—the recipients themselves holding the contents a perfect secret within their own little circles. This information was conveyed to the defendant by eye-witnesses and part of the jury.

SYMPATHY AND REGRET AS EXPRESSED BY SEVERAL JURORS.

After the sentence was announced, Dr. Bevell and others, who formed a part of the jury, openly declared that if they had been aware of the fact that the judge had the power to imprison, suffering as they were, never would they have consented to a verdict in favor of the prosecution. Another distinguished juror, W. L. Young, on the case, on seeing the defendant coming from the court-room, met him with all the warmth of genuine friendship and the most sincere of emotion, sympathy, and contrition, which will be best understood in his own words: “My dear sir, my feelings are deeply wounded, and I feel as though I have committed a very great wrong in giving consent against my better judgment—a wrong even to fine you so much as one single cent, and were the case to be done over again, with the light now before me, I would most assuredly act quite differently, for I now see my great error, though my greatest grief is that this lesson was taught too late to be of any service to you in your present humiliated situation.” The reply was suitable, and in these words: “Permit me, sir, to acknowledge your truly sympathetic manifestations with all the welcomeness and gratitude which are possible to be expressed; and also to further express to you that notwithstanding this heavy stroke of adversity, I will endeavor to bear the same with philosophical fortitude, under the strengthening conviction that this is the most memorable epoch of life, and in spite of malignant persecution, justice will afterwards be done, and time will bring forth its appropriate reward.”

FAILURE OF PETITION—RECEIVES THE KINDEST TREATMENT WHILE IN PRISON.

Immediately after the sentence, the citizens of Mobile prepared and sent a petition to His Excellency, Governor Moore, of the State of Alabama, containing the signatures of over six hundred of the best citizens of Mobile, praying for the release of the defendant, but the Governor declined to grant the request because the petition was not signed by the presiding judge.

But the sheriff of the city, Hon. James T. Shelton, must not be overlooked. His conduct in behalf of the defendant was noble and magnanimous in the extreme. All that one man could do to alleviate the rust and monotony of confinement, was gracefully and cheerfully done by him. His friendship—his whole-souled treatment reached to an extent not to be surpassed by any. Hospitalities at his own mansion in profusion, a separate parlor well furnished with books of every description, and in everything else well fitted up in the utmost order of elegance and taste; no restraint whatever, beyond what the law required—having the whole limits, for exercise and recreation, of the prison boundaries; all such conveniences and comforts were freely and lavishly bestowed; and for which a lasting gratitude is due to the memory of the departed James T. Shelton.

Numerous other visitors, of both sexes, came to render all the comfort which humanity could afford. These visits were sincere, friendly, and consoling, indeed; in short, everything which could be done to remove dullness and make the time glide away agreeably, was done with cheerfulness and with truly natural fervor of heart. Time did not hang heavily; but passed away briefly—a time which can now be referred to with pride and satisfaction.