USA > Georgia > Irwin County > History of Irwin county > Part 6
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At October adjourned term, 1835, the following order was taken : "John Benton, a Petit Juror, appearing on the jury in a state of intoxication, it is ordered that he pay a fine of five dollars."
At January term, 1836, John J. Underwood petitioned the Superior Court to be admitted to the bar to practice law. The court appointed Thomas C. Sullivan and William W. Wiggins, they being the only attorneys present, as a committee to exam- ine him as soon as the business of the court would permit. He was admitted to practice law.
The Grand Jury at October term, 1831, recommended that the Inferior Court appoint Commissioners to lay out roads, the nearest route from Ocmulgee River to Lowndes County line, the road known as Coffee Road.
October term, 1830, the Grand Jury submitted the following : "We have the pleasure to state to your honor that we have nothing to make presentments of at this term of court. His honor, Judge Holt, will please accept of our wishes for his prompt attention to the business of this court. We tender our thanks to the gentlemen of the bar for their polite behavior and strict attention to business during the present court."
Jacob Young, Foreman, Burrell Merritt, Lott Whiddon, Allen Pierce, James Paulk, Joseph Fletcher, Joseph Miller, Jacob Barrentine, John Paulk, Andrew McClelland, Samual Brown, Macaja Paulk, Sr., Jehu McCall, John Henderson, Redding Hunter, Daniel Drawdy, Ellenby Beasley, John McInnis.
At the Spring term, 1830, the Grand Jury submitted the following: "Having nothing of importance to make present-
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ment, we congratulate our fellow citizens on the general good order, peace and harmony which prevailed in their community. The jury returns thanks to Hon. T. G. Holt, Judge, and Thomas Porter, Solicitor-General, for their faithful and prompt dis- charge of the duties of their offices during present term."
Ludd Mobley, Foreman; John Paulk, William Hall, William Bradford, John Dunham, Jehu McCall, Noah Griffin, V. Hol- lingsworth, John Henderson, Lott Whiddon, Miles Adams, Jacob Young, John Grantham, Emmanual Knowles, Jacob Paulk, Robert L. Dixon, James Paulk, Joseph Fletcher, Silas Mclendon, Alex McDaniel, Daniel McMillan.
At the April term, 1832, the Grand Jury after returning nine True Bills submitted following presentments: "We have not time to present our views upon the different subjects to which our attention was directed by the court at this term without an opportunity of considering matters of general interest. In taking leave of his honor, Judge Warren, we tender him our sincere thanks for the faithful and diligent performance of his duties at the present term."
Jacob Young, Foreman; Miles Adams, Silas McClelland, Burrell Merritt, Macaja Paulk, John McInnis, John Hender- son, Joseph Fletcher, John Paulk, John Grantham, Lott Whid- don, John Dorminy, Elijah Hunter, Randall McDaniel, Daniel Drawdy, James Paulk, John McCall, George R. Ried, Daniel McMillan, John Tomberlin, V. Hollingsworth.
At the October term, 1832, the Grand Jury submitted the following: "The Grand Jury are happy that they have it in their power to state that they have no criminal offenses to make presentments at the present term. We cannot take leave of his honor, Judge Warren, without expression of our certain approbation of the impartiality and ability with which he discharges the responsible station with which he is assigned on the bench. To the Solicitor-General pro tem and the bar general we tender our good wishes for their courtesy to this jury."
James L. Wilcox, Foreman ; Duncan B. Graham, Daniel Luke, Andrew McClelland, George Wilson, Reubon Gay, David J. Kersey, Elsy Beasley, James McClelland, Robert L. Dixon, Daniel Drawdy, Thomas Young, Macaja Paulk, Jr., James
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Walker, John Willis, Joseph Fletcher, Ludd Mobley, Robert H. Dixon, Jonathan Smith, William Bradford.
At the October term, 1833, the Grand Jury submitted the following: "Having no special presentments to make and having gone through with the business intrusted to them dur- ing the present service in taking leave of his honor, Judge Warren, take the opportunity of tendering our thanks to him for the prompt discharge of his duties at all times since his election to the office he now fills. We also present our ac- knowledgment to the Solicitor-General, pro tem, for his courtesy to our body during the term."
Jacob Young, Foreman; Elijah Hunter, Samuel Brown, Thomas Wilcox, Joseph Miller, John Tomberlin, Lott Whiddon, David Branch, Charles Thigpen, William Sumner, Redding Hunter, Jehu McCall, Miles Fitzgerald, Jonathan Smith, V. Hollingsworth, David Collins, John McDaniel, Thompson N. Statum.
At the April adjourned term, 1835, the following present- ments were submitted : "Having attended according to law for the present, take satisfaction in saying we have no present- ments to make of a private nature. Owing to the absence of the County Treasurer at this term of court we have not been able to give any examination of his book accounts, etc. In taking leave of his honor, Judge Poulhill, we congratulate ourselves on the good order of the community and present our best regards for his impartial administration of the law and attention to the jury. We present our respect to the Solicitor-General, pro tem, Col. Franklin, for his attention to the Grand Jury during the present term. We cannot conclude these presentments without recommending to the Inferior Court the apportionment of a tax of twenty-five per cent. on the general tax for the purpose of building a courthouse and other buildings necessary to the administration of justice."
Jonathan Smith, Foreman ; John Paulk, Jacob Paulk, Thomas Hunter, Thomas Young, Hezekiah Walker, Seaborn Bradford, John Henderson, William Bradford, Jacob Barentine, Fred- erick Griffin, Benjamin Willis, Elsy Beasley, Daniel Drawdy, John Dorminy, Jr., William Bowen, Joseph Fletcher, Andrew McCelland, Cilaway McCall, Miles Adams.
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There were no presentments from the Grand Jury from April, 1835, until April, 1838, when the following was sub- mitted : "The Grand Jurors selected for the present term are happy to state that nothing comes within our recollection worthy of presentment. In taking leave of his honor, Carlton B. Cole, we tender him our thanks for his prompt attention to the discharge of the duties of his office during the present term. We also tender our thanks to the Solicitor-General, pro tem, for his polite attention to our body during this term."
Jacob Young, Foreman; James McGee, David Turner, Len- nard Stone, Wright Parker, Hezekiah Walker, Daniel M. Luke, James Paulk, Aron Daniels, Miles Adams, Jacob Paulk, S. H. Kinyon, John B. Jenkins, Thomas Drawdy, Frederick Brown, David I. Kersey, Samual Brown, David McAnnaly, Joseph Miller, John W. Luke, T. L. Wilcox, Gabriel McCelland.
October term, 1839, the Grand Jury at this term of court in their general presentment returned indictments against James C. Fussell, Mathew Merritt, William Sloan and Lazarus Williams for gambling, also one against James C. Fussell for keeping open a Tippling House on the Sabbath, also one against Daniel Peterson and Mary Mancil for adultery and fornica- tion. "In taking leave of his honor, Judge Cole, we tender him our thanks for the prompt and impartial manner of dis- charging his duties. We have appointed the following com- mittee to examine the books of Clerk and County Treasurer, George Wilcox, George R. Ried, Duncan McDermit."
John Henderson, Foreman; Gordon Sumner, George Spring, John Paulk, Daniel Grantham, Lennard Stone, Joseph A. Tur- ner, Daniel M. Luke, A. P. Clements, D. E. McAnnaly, Robert Newberry, T. A. Tillis, Allen Gibbs, Joseph Sumner, J. B. Dorminy, James Y. McDuffie, Henry W. Chestnut, John Gran- tham, George Wilcox.
April term, 1840, the Grand Jury presentments were as fol- lows: "We have examined the books of several officers of the county and find they are kept in good order and reflect great credit to our clerk. We recommend that the Inferior Court levy an extra tax of 150 per cent. on general state tax for the purpose of defraying county expenses and relieving the county of debt. In taking leave of his honor, Judge Cole, we
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tender him our thanks for his prompt and efficient adminis- tration of justice and to the Solicitor-General for his atten- tion to this body."
Jacob Young, Foreman; Gabriel McClelland, Thomas Draw- dy, Jehu McCall, Hezekiah Walker, David Turner, Absolum Baker, Lott Whiddon, Jonathan Smith, William Bowen, Solo- man H. Kinyon, Macaja Paulk, James McGee, William Fletcher, Miles Fitzgerald, Wright Parker, Joseph Fletcher, Jacob Paulk, Thomas Smith.
The first bill of indictment for murder returned in Irwin County was against William Garrett, which bill was nol prossed. The record does not disclose who he was accused of killing.
Presentment of the Grand Jury, October term, 1840: "We present William Fussell for the offense of keeping open a Tippling House on the Sabbath on the twenty-sixth day of July, 1840, it being the Sabbath in the county aforesaid. Wit- ness, Alex Mobley. We present William Fussell with the of- fense of keeping open a Tippling shop on the Sabbath on twentieth of September, 1840, in county aforesaid. Witness, Alex Mobley. We present William Fussell for the offense of retailing spiritous liquors without license in said county on twenty-sixth of July, 1840. We present Thomas Young, Mathew Merritt, Luke Merritt, Daniel Cary, William Akins and James Hall for the offense of riot committed in said county on fifth day of October, at the storehouse of William Fussell, by fighting together with sticks, knives and guns. In taking leave of his honor, Judge Cole, we tender him our thanks for the prompt and efficient manner in which he has discharged the duties of his office during present term and to the Solicitor-General, pro tem, John J. Underwood."
George R. Ried, Foreman ; A. P. Clements, Duncan MeDermit, James McGee, David Troup, Macaja Paulk, Thomas Drawdy, Jehu McCall, William Poulan, Aron Daniels, George Wilcox, Tapula A. Tillis, David McAnnaly, Joseph A. Turner, Daniel Grantham, Gordon Sumner, James Y. McDuffie, James Paulk, John Dorminy, Miles Fitzgerald, Jonathan A. Smith.
At the April term, 1841, the Grand Jury submitted the fol- lowing: "We regret to say that our roads are in bad condi-
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3
2
1 .- Thomas D. Wilcox, Representative, 1868-'70. 2 .- George R. Reid, Representative, 1853-'54. 3 .- E. J. Dorminey, Representative, 1907-'08.
tion and we recommend to the Road Commissioners a strict enforcement of the road laws against all delinquent overseers and defaulters. We recommend an enforcement of the patrol laws as they have been hitherto entirely neglected. In taking leave of his honor, C. B. Cole, we beg leave to say he has our entire approbation for the impartial and able manner he has discharged the duties of his office, also the Solicitor-General has our thanks for his attention to his business."
William Bowen, Foreman ; George Mobley, David J. Jenkins, Daniel M. Luke, Thomas Smith, Daniel Henderson, Benjamin Griffin, David Fitzgerald, William Fletcher, Lennard Stone, David I. Kersey, Henry Paulk, Joseph Fletcher, Thomas L. Wilcox, John Crawford, James Brown, James W. Smith, Joseph Sumner, Jacob Barrentine, Hezekiah Walker.
October term, 1841, the Grand Jury submitted the follow- ing: "In closing our duties, we beg to say that we are happy to say that no crime of importance has presented itself to us. We recommend to the commissioners of our public roads to see that overseers do their duties faithfully. In taking leave of his honor, Judge Cole, we tender him our thanks for the impartial manner he has and always does officiate in our county. The Solicitor-General has our thanks for his atten- tion to this body."
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James L. Willcox, Foreman; Joel L. Durham, Allen Gibbs, Frederick Land, John Dorminy, David Troup, Elijah Hunter, Jesse J. Luke, Robert Newberry, Joseph A. Turner, John Mc- Call, James Hodges, Henry W. Chestnut, Samual Brown, David Turner, James McGee, Jesse C. Sumner, John Willis, Miles Adams, George Spring, Abraham Mauldin.
April term, 1842, the Grand Jury submitted the following : "We present as a great grievance and want of morality on the part of certain citizens of our county in violation to the Sabbath, but for want of sufficient proof to insure conviction of any individual we defer making any special presentment in this behalf and at the same time ask all good citizens to be vigilant in detecting violation of the law and make pre- sentments at the next term of the court. On a slight examina- tion into our county matters and particularly our. treasury, we find it and them in bad condition. We therefore have ap- pointed the following individuals to make a strict examina- tion into the same and make full, fair and complete report to the next Grand Jury and we recommend the Inferior Court to allow them one dollar per day while they are in the dis- charge of that duty. Committee named, W. S. Moore, Jon- athan Smith and James Paulk. We present to his honor, Judge Cole, our thanks for the impartiality and ability with which he discharged his duties. Also the Solicitor-General."
John Henderson, Foreman; Jacob Barrentine, Lott Whiddon, James W. Smith, James Hall, Jr., Miles Fitzgerald, Thomas W. Johnson, John W. Luke, David Branch, Henry Paulk, G. A. Sumner, Wells Matchett, Daniel Grantham, William Fletcher, John McMillan, Duncan McDermit, Joseph Sumner, David McAnnaly, A. P. Clements, Joseph C. Clements, Wiley Whit- ley, Daniel Henderson.
April term, 1844, the Grand Jury submitted the following presentments : "We have had under consideration the charge of his honor, Judge Cole, upon the subject of recommending the Inferior Court an extra tax for the purpose of raising a fund to educate the poor children of our county. We con- cur with his honor in the opinion that the education of the poor is among the first objects of a wise legislation and we con- fidently hope that the Inferior Court will not hesitate to assess
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a reasonable tax and that our fellow citizens will not murmur to pay it for an object so essential for the welfare of the com- munity. We therefore recommend the Inferior Court to assess an extra tax of twenty per cent. for the above purpose. We have not been able to discharge the usual duty of examining the books of the different county officers as they are kept at Bowens Mill and have not been in the reach of jury. We therefore recommend the Inferior Court to discharge that duty at the next term of this court. We also recommend the Inferior Court to assess an extra tax of twenty-five per cent. for county purposes. We render to Judge C. B. Cole our thanks for the able and faithful manner in which he discharged his duty during present term and to Peter E. Love, Solicitor- General, we tender our thanks for his courteous attention to our body.
John Henderson, Foreman; Duncan McDermit, Benjamin Griffin, William Matchett, Abraham L. McCall, James Y. Mc- Duffie, Daniel M. Luke, Robert Dewberry, Henry Paulk, A. P. Clements, Jeremiah Baker, Miles Fitzgerald, Joseph E. Clements, Lott Whiddon, Thomas Drawdy, David MeAnaly, James Brown.
October term, 1844, the Grand Jury submitted the follow- ing: "We earnestly recommend to the Inferior Court that such tax may be assessed as will enable the county to build a jail. We feel that this is absolutely necessary to the effectual administration of justice and we hope that no citizen will be found who will not readily assent to the propriety to this matter being immediately attended to. In taking leave of his honor, Judge Cole, we tender him our thanks for his prompt and impartial administration of the laws and also to P. E. Love, Solicitor-General, for his attention to this body."
William Sloan, Foreman; Robert L. Dixon, Jacob L. Dur- ham, Jonathan Smith, Jacob Barrentine, Lennard Stone, Thomas L. Wilcox, David Troup, John G. Roberts, Harry W. Chestnut, Macaja Paulk, James Paulk, James McGee, Abra- ham Mauldin, Allen Gibbs, Aaron Daniels, George G. Mobley, James W. Smith, David Fitzgerald.
At April term, 1845, the Grand Jury submitted the follow- ing presentments : "We find our public roads in bad order
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and understand on some there are no acting Commissioners. We recommend Inferior Court appoint some as soon as may be convenient and see that they perform their respective duties. We recommend also to the Inferior Court the propriety of considering the expediency of building a jail for the county. We allow Joseph M. Miller, Tax Collector, the sum of twenty- eight dollars and fifty-three cents on his insolvent list for the preceding two years on his general state tax. We also find he has overcharged nineteen dollars and twenty cents to Jerry Waggons. In conclusion, we tender our thanks to Judge Cole for his prompt and impartial administration of the laws and also to the Solicitor-General for his attention to this body."
George R. Ried, Foreman; James Brown, Thomas Young, Robert Newberry, Frederick Brown, Benjamin Griffin, George Spring, Wells Matchett, Daniel Henderson, William Fletcher, James L. Wilcox, John Willis, Jacob Young, James Hall, Thomas Drawdy, Jesse C. Sumner, Daniel Grantham, Lott Whiddon, Joseph Sumner, John Paulk, Frederick Land, Henry Paulk.
At this term of court the Grand Jury returned an indict- ment against Irwin Fitzgerald for the offense of selling spirit- ous liquors to a negro slave named Toney and other slaves. They also presented James Hall, Jr., with the offense of gamb- ling with a slave named Joe, the property of Mark Mobley, at a game called seven-up or Negro Whisp.
At the April term, 1846, the Grand Jury found a bill of in- dictment against James Hall for murder. He was charged with having killed Thomas Young, who was the father of Rev. Jacob Young, a Primitive Baptist minister; the grandfather of Thomas B. Young and Mrs. Rebecca Henderson and the great-grandfather of Hon. Joe H. Young, D. J. and M. T. Henderson, and the children of D. J. Henderson, Sr., as well, as being related to many of the prominent people of the county. Mr. Hall also has many relatives in this and sur- rounding counties. On account of this being the first murder case in the county as well as the prominence of the parties in- volved, I shall give as complete history as possible.
The following gentlemen composed the Grand Jury at the term of court the bill of indictment was returned, to wit:
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HISTORY OF IRWIN COUNTY
David Branch, Foreman; Thomas Tucker, Macaja Tucker, Issac Powell, William Tomberlin, Redding G. Durham, Allen Gibbs, David McCall, David Fitzgerald, Jehu Fletcher, Daniel M. Luke, Joseph Clements, Henry Paulk, L. Moore Henley, James Boykin, William Ratherford, Archible McMillan, John G. Roberts, James W. Smith, J. L. Durham, A. P. Clements, Thomas L. Wilcox, Jehu McCall.
At December term, 1846, the following order was taken in said case: "It appearing to the court that there is no sub- stantial jail in the Southern Circuit to which to commit the defendant and that the sheriff of Bibb County has refused to receive him into the jail of said county, it is ordered that said defendant be admitted to bail on his entering into recognizance with good and sufficient security in the sum of ten thousand dollars. This bond was later fixed at twelve thousand dollars. James J. Scarborough was Judge at the time the above order was granted." C. B. Cole and Hershell V. Johnson were attor- neys for Hall. George Wilcox, Thomas L. Wilcox and Mark Wilcox were Hall's bondsmen.
At September term, 1848, the defendant, James Hall, failed to appear at court and his bond was forfeited. He appeared in court at March term, 1849, and moved to continue his case on the following grounds : "That James Hall, Sr., is a material witness and is absent, that he expects to prove by said wit- ness that he was present at the time Thomas Young was killed and that Young came to the house of defendant on the morn- ing of the alleged murder and commenced abusing the defend- ant and his wife and said that defendant's wife had been kept by her father. Witness told Young to go away for he did not wish to have any difficulty with him and told him he understood he had come there to kill him. Young said he would not go away until he pleased and that he would abuse the defendant and his wife as much as he pleased. Young had his rifle with him and when defendant went into the house, Young took up his rifle and had it in a shooting posi- tion and that the rifle was loaded and primed and he in tlie act of shooting, having his gun pointed at the door and cocked. That Seaborn Hall is also an absent witness and that he ex- pects to prove by him that he heard Young swear before the
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difficulty that he intended to kill defendant, that witness in- formed defendant of this threat and advised him to be on his guard. That John Larkey is an absent witness and that he expects to prove by him that he heard Young say he in- tended to kill defendant a short while before the difficulty. That Hershell B. Johnson, one of his attorneys, is absent on account of sickness and that he is not able to employ other counsel. The case was continued and the defendant appeared at March term, 1849, and relieved bond of its forfeiture.
At this term of court he was committed to Bibb County jail for safe keeping, there being no safe jail nearer to com- init him. This order was signed by James J. Scarborough, Judge.
At April term, 1850, the following order was taken: "The defendant, James Hall, having been confined in common jail of Bibb County in consequence of there being no safe jail in this county and it appearing there is now a safe jail in the county of Irwin, it is ordered that he be committed to com- mon jail of said county to await his trial for the crime for which he stands charged." This order was signed by Augustus G. Hansel, Judge, April, 1850.
From this record it appears that the first jail in Irwin County was built in the year 1850 or thirty years after the county was organized, which speaks well for the early settlers as being law abiding, peace-loving citizens.
At April term, 1850, the defendant moved to continue his case for the reason he had just learned that Washington stayed all night at the home of Young the night prior to the killing, that Young told him he intended to go to the house of Hall next day and that he would kill Hall or Hall should kill him.
The next order in said case was taken at April term, 1855, which was a rule against James Hall, Sr., Emily Hall and John Larkey, as absent witnesses, requiring them to show cause at next term of court why they should not be attached for contempt. Signed, T. E. Love, Judge.
The defendant Hall was finally tried at October term, 1855. The following gentlemen were selected as a jury to pass upon said case :
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HISTORY OF IRWIN COUNTY
Thomas Brantley, Richard Gibbs, Edward B. Mixon, John Mixon, Allen Gibbs, David S. Tripp, John Gibbs, Franklin Dixon, Henry W. Bedgood, George Williamson, Ben G. Glover, Henry A. B. Harvey.
After the case had been open, part of the witnesses sworn, the following order was taken: "Benjamin G. Glover, one of the jurors, having been taken very sick since he was sworn and being wholly unable to proceed with the trial, the defend- ant counsel proposed to counsel for prosecution to accept some one of the persons who had been rejected by the state. It was agreed to by both sides to take Irwin Davis instead of said Glover as a juror in said case." The evidence of William Pridgen and Joseph Hesters had already been taken and both of said witnesses being gone from the court that the written statement of their testimony be read and said case proceed regularly to trial.
C. B. Cole, A. E. Cochran, John S. Winn, Solicitor-General, Iverson S. Harris, Sewerd & Hansel, state's attorneys; H. V. Johnson, defendant's attorney.
The following was the verdict of the jury: "We, the jury, find the defendant guilty of voluntary manslaughter."
George Williamson, Foreman.
The sentence of the court was that defendant be remanded to common jail of Irwin County to be kept until demanded by guard from penitentiary and that he be confined in said penitentiary for a term of four years and that he pay all costs of prosecution. G. E. Love, Judge.
An order was granted at same term of court directing that a watch belonging to defendant in hands of jailer be sold to pay costs of said case. Dated October 31, 1856. The watch was sold and brought sixteen dollars and seventy-five cents, which was turned over to County Treasurer, Asa Rooks, Sheriff.
At April term, 1846, the Grand Jury submitted the follow- ing presentments: "We have not been able to examine the books of the county officers for the reason that they could not be obtained. We hope that the several officers will pro- duce them to the next Grand Jury so that they may be looked
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