Had he before been in consultation with the prosecution? Did he know the whole arrangement? Did he know that some one or more, perhaps influenced by gold, were resolved to hold out to the bitter end? And that one by one of the opposition, under the tortures of long confinement, must keep falling in to avoid further suffering, and more especially when the cunning device was resorted to for the purpose of deceiving the opposition by inducements to the effect that it was hardly worth while holding out when all could be so easily avoided by a few dollars of fine in the way of damages, which would not at all hurt the defendant? What was the meaning of the sham in his appearing, in the first part of his instructions, to lean to the defendant by telling the jury that if there was a doubt existing with it, the defendant was entitled to the benefit of said doubt; and then, in the last hours of worn out confinement, came squarely out in conflict, and positively told the jury that it was bound to find a verdict of guilty from the law and evidence before it? What was the meaning of packages and writing being conveyed to the jury by outsiders during the latter part of its retirement, or, at least, to that part of it in favor of the prosecution?
Notwithstanding the most justifiable and potent of all reasons in favor of the petition got up and signed by six hundred of the best and most respectable citizens of Mobile to be forwarded to the Governor for the release of the defendant, the Judge hearing of the same, emphatically declared, before being asked, that he would not sign it; and the Governor, because of this omission, refused to grant the prayer. Did the prosecution influence both Governor and Judge, so that the whole formed one compact ring to defeat justice? What says the learned Dr. Bevell on this subject—the very man who sat on this jury and witnessed all:
“We have made an effort to limit his imprisonment through the pardoning power of Governor Moore, by an article addressed him in the shape of a petition, with about six hundred signatures of the most respectable citizens of Mobile; but in this we have failed, and, to my deepest regret, he will have to serve his time out. We first drew up a petition to Judge McKinstry, signed by a respectable number of the jury, but hearing of his negative declarations on the street, we declined honoring him with the request.
“Although we have failed in these efforts, the conduct of all the opposing clique strongly indicate to my mind that the principal stringent ruling and opposition are to gratify, and sustain, and retain political influence.”
But the abuses committed by Judge McKinstry do not close here. A verbal copy of Shoemake’s affidavit has just been received, the insertion of which cannot be omitted, as it will add new light on what has already been advanced on this subject in the commencing part of the trial, and will go still further to demonstrate the deeply sullied conduct of the prosecution and Judge. Let this copy be read with attention:
[COPY.]
| State of Alabama, | } |
| Mobile County. |
Before ——, personally came S. S. Sheumack, who on oath saith that one J. R. S. Pitts did, within the last six months, in the county aforesaid, unlawfully, wickedly and maliciously, with intent to injure, defame, villify, and prejudice this deponent, and to bring him into contempt, scandal, and disgrace, publish and circulate in said county a printed pamphlet entitled, “The Life and Career of James Copeland, the Great Southern Land Pirate, who was executed at Augusta, Mississippi, October 30th, 1857; together with the exploits of the Wages’ clan in Texas, Louisiana, Mississippi, Alabama, and Florida.”
In said pamphlet, said Copeland is described as one of the leaders of a gang of robbers, murderers, highwaymen, and the deponent is represented therein by the name of “S. S. Shonesmak,” as a member of said clan, or gang of robbers, murderers, and thieves; which pamphlet containing the aforesaid statement, referring to this deponent, is a defamatory libel, and is utterly and wholly false.
S. S. Sheumack.