Wilkinson County, Mississippi
Court Minutes - July & August, 1823

Transcribed and Submitted by Virginia Ewing


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Wilkinson county, Mississippi court minutes 1822-1824
LDS microfilm # 0877088

page 54
Monday morning 28th July 1823
Thomas H. Proper presiding justice
Charles Stewart and Edward McGehee Esq.’s associate justices
Hugh Connell sheriff
Benjamin Eccles clerk

the state vs Jim   prisoner brought into court
George Brown, a juror excused from attending on this court

the following jurors selected to hear the case of State vs Jim
1. James Colliham
2. John Smith
3.Dudley Rutledge
4. Wm. E. Knight
5. James Quine
6. Mark Anderson
7. Daniel Slack?[not sure of first letter]
8. James B Bullock
9. Thomas Hunter
10. John King
11.  John McAlpin
12. Stanly N. Vears?  [The first letter is like none I have seen before, may be a W] found the defendant guilty as charged, ordered  back to jail

Ordered George H. Gordon Esq. be appointed to defend Dick, a slave, charged with the murder of his master, William Sojourner.
State vs Dave, prisoner brought into court, pleaded not guilty
jurors called:
1. Lewis Cason
2. David F. Coon
3. Wm. Yerby Sen.
4. James Micks
5. Horatio Gildart
6. Abram M. Felter
7. Benjamin Rogers
8. Robert D. Johnson
9. Charles A. Coon
10. James Reid
11. Coker Therrell
12.  Benjamin N. Rogers

a Juror withdrawn by consent of parties and cased continued until Saturday the 2nd day of August next

Ordered the sheriff to erect a gallows on the public square within thirty feet of Bank Street and opposite the court house.

ordered that legal representatives of William Sojourner deceased pay to George H. Gordon Esquire the sum of Sixty dollars for his services in defending Negroes Lewis, Jim and Dick, charged with the said Sojourner Murder.

Ordered that Nicholas Dorsey Esq be allowed the sum of sixty dollars for prosecuting Negroes Lewis, Jim and Dick charge with the murder of William Sojourner deceased

the state vs Lewis a slave, to be taken on the 22nd day of Aug next, between the hours of ten o’clock and four o’clock to be “hanged by the neck until he be dead-dead & the Lord have mercy on him” The sheriff took the prisoner and executed the sentence of the court in due time

The state vs Jim a slave  same sentences as above

court adjourned until Saturday the 2nd august next.
Th. H. Proper Justice of the county court

page 57
Saturday 2nd Aug 1823
Thos H. Prop presiding justice
Charles Stewart and Edward MGehee Esquires associate justices
Hugh Connell sheriff
Benjamin Eccles  clerk

The state vs Dick a slave, pleaded not guilty

Charged with the murder of his master, Wm. Sojourner
H. B. Hull Esq. appointed to defend him.
jurors called
1. Jesse Rea
2. Jesse Brown
3. Daniel Williams
4. John Joor
5. Chasteen Old
6. Polaski Cage
7. Joseph Callander
8. Thomas Scudder
9.  Parker Buford
10. Daniel Keith
11. Joel Glass
12. John G. Jemmerson
found him NOT guilty of murder but meriting thirty nine stripes

State vs Dave a slave, ordered the sheriff inflict thirty nine lashes at a
public whipping ordered the cause to stand over until Wednesday morning 10 o’clock until which time the court is adjourned

page 59
August 1823
The state vs Jerry;  security of $200.00 by John Colleham

ordered that the jurors and witness be summoned in case of State vs Jerry a slave, for Wednesday morning the 6th at 10 o’clock.

adjourned until 10 o’clock Wednesday.  Th. H. Proper

Wednesday 6th August 1823
presiding, same as above

the state vs Jerry a slave, prisoner brought into court, pleaded not guilty.

Jurors selected:
1. James Meek
2. John Wright
3. Sequilla Miles [Aequilla?]
4. James Hamilton
5. R. M. D. I. Elliott
6. James C. Weekley
7. Thomas Kirkham
8. William P. Perkins
9.  Michael Hollinar
10. William McRae

page 59
11. John Justice
12. Charles Hester
found the prisoner guilty as charged.  Sentenced to hang, Friday the twenty ninth day of August, 1823.

[I find it intriguing that the clerk always writes, “hanged by the neck until he is dead-dead” as if one dead won’t do it. He did this only with the slaves convicted of killing Sojourner.>ve<]

Accounts to be paid:
Benjamin Eccles  twelve dollars
Hugh Connell, sheriff,  fifty seven dollars
court adjourned by order of Th. H. Proper in vacation that the order of the court at the July term for the erection of a gallows on the public square be recended.   Th. H. Proper

page 60
Wednesday 27th August 1823
special meeting of the county court convened for the purpose of identifying and have named Jerry who was convicted of Burglary on the 6th of August and who made his escape from the jail of said county on the night of the 14th August and who was retaken on the 22nd same month and again committed

Thomas H. Proper presiding Justice
Charles Steward Esquire, associate justice
A. M.Scott, Sheriff
Benjamin Eccles clerk

upon oath of William Hammett and George H. Gordon, the court feel perfectly satisfied that the slave now in the jail ---by the name of Jerry, is the same person who was convicted of Burglary on the 5th August last and sentenced to death.  Therefore it is ordered by the court that the sheriff execute the former sentence of the court in due time;

selected to serve as Jurors in the Oct term of court:
1.David Pool
2. Joseph Fenner
3. William Anderson
4. Jno Sathern
5. Lazareus Drake
6. William F. Hatfield
7. Jeremiah Taylor
8. Reuben Ewell
9. Moses Miles
10. Absolum Anderson
11. Wm. Crory
12. A. M. Felters
13. Felip E. Stephens
14. John S. Lewis
15. James Cain

page 61
30th Sept 1823
special county court convened this day on petition of Habeas Corpus
Thomas H Proper presiding justice
Charles Stewart esquire associate justice
Abram M. Scott, Sheriff [the S could just as well be an L, a Y, a G, and what ever else he decides to make in the very same way >ve<]
Benjamin Eccles clerk
Where upon William Hunter the above named petitioner having come into court it is considered upon an inspection of the causes of his caption and detention and a division in the opinion of the court that this cause stand adjourned until Saturday next.

Monday 6th Oct, 1823
Thomas H. Proper presiding justice
Edward McGehee Esquire, associate justice
Abram M. Scott, sheriff
Benjamin Eccles clerk

Jurors sworn in:
1. David Pool
2. John Sathern
3. Jeremiah Taylor
4. Lewis Matthews
5. Michael Hollman
6. Harris Anderson
7. Levi Prewitt
8. James Cain
ordered that Joseph Fenner, a juror, be excused from attending the present term.

Jno. Richards adm vs Burnell & Land  judgment confessed for amt of note and interest execution in fourteen days.

page 62
ordered the following jurors be excused
John Lewis
Lazares Drake

ordered a fine imposed on Zach Walker as a defaulting Juror, be set aside

Jno.Richards admt vs Geo. B. Collier  ordered the sheriff have leave to amend his return in the writ in this case

John Stamps En’der vs Edmund Allen  continued by consent dismissed  agreed

Eden D. Garrett vs William Gaulden  continued on affidavit of the defendant

Posts admt vs Bludord Brooks  Plea withdrawn and judgment for amount of note and interest.

John Augustin vs Phipps and Phipps  where upon there came a Jury to wit

1. David Pool
2. John Sathern
3. Jeremiah Taylor
4. William McCrory
5. Jeremiah Byran
6. Lewis Matthews
7. no name entered
8. Michael Woods
9. Robert B. Hammett
10. William Holliman
11. Harris Anderson
12. Levi Prewitt
fined the defendants the sum of twenty five cents and cost of suit.

page 63
ordered that Leroy Prewitt be appointed a constable for Captain Richard Courtney’s beat.

ordered James Buford be recommended as a suitable person for the office of Justice of the peace for Captain Buford’s beat.

court adjourned until tomorrow morning nine o’clock.  Th. H. Proper pres. Justice

Thursday 9th Oct 1823
Jno Richards adm’t vs John Glover  judgment by default, final for note and interest

Chasteen Old use of Alex Ardry vs Henry Miller  dismissed at plffs cost

Jno Richards, admd vs David I?[J?] Grey  judgment by default final for amt of note and interest.

Abram Hurtzell vs Joseph Smith  judgment’s by default final for amt of note and interest

John Stevens vs R.B. & Wm. Hammett  judgment same as above

Thomas Aspinall  vs Jared C. Beasley  judgment by default

page 64.
Posts admt vs James Reid and Wm Reid  Plea withdrawn and judgment by default

Post admt vs Thorp Parrott and Wm Monk  judgment by default

Joseph G. Smith vs James Wilson   plff death suggested and revived in the name of the executors

Jno Richards vs Harris Anderson  plea withdrawn and judgment by default, stay of ex. 30 days.

John Dorsett vs Dennis Norman and McGakey  continued on affidavit of defendants

John Hudry vs Kelsey and Nugent  continued

Jeremiah Byran  vs Anderson and McCartney motion for appeal by the appeller

Chasteen Old vs Shaffer and wife  where upon there came a jury, to wit
1. David Pool
2. John Sathern
3. Wm. McCrory
4. James Leach
5.  William Cupit
6.  Theodore Dorsett
7.  Curtis Emery
8.  Thomas Kirkham
9.  Harris Anderson
10. Joseph Hunter
11.  Thomas Kelsey
12.  Robert Norwood
fined the plaintiff forty dollars ;and fifty cents

Lee Byran vs Anderson and McCartney  appeal  non suit entered

page 65
ordered fine imposed on James Mayes as a defaulting juror be set aside.

Channcey Pettibone, a prisoner confined in the jail of said county on certain wites of Copias ad satisfaciondum at the suits of Morris use of Caldwell, Joseph B. Lyons, Walter Miles, Noyes use of Tickenor, James A E.Phelps. C. Cmant, Misnce? & Steen, D.Bradly, use of Wilson, James Foster, having taken the oath of an insolvent debtor, it is ordered by the court the he be discharged from the custody of the sheriff of said court.

George a Foster vs John Hubard dismissed at plaintiffs cost

John J. Harrison vs John Hudey continued by consent

Hodges use of Wilson vs Cason and Old  comes the jury to wit
1. David Pool
2. John Sathern
3.Wm. McCrory
4. James Leech
5. William Cupit
6. Theodore Dorsett
7. John Smith
8. Thomas Kirkham
9. Harris Anderson
10. Joseph Hunter
11. Thomas Kelsey
12. Robert Norwood
found for the plaintiff for twenty nine dollars and eighty three cents.

payment of accounts:
George H. Gordon  six dollars
Reilly Fowls  six dollars

page 66
ordered that James Cain a juror be excused from attending this court.

following jurors were drawn to serve at the January term
1. Anderson White
2. Benj.S. Collier
3.Charles Netterville
4. John Mayes
5. Josiah Kean
6. Isaac Williams
7. Thomas Leister
8. John Leiser
9. Joseph Collinder
10. Lyman Matthews
11. Alex I. Scotts
12. Michael Murphy
13. Charles Edwards
14. Marbery Morris
15. Jeremiah Noland

jury dismissed from further attendance .

tavern license granted to
Jones Malone
Zach. Cantfield

Thomas B.J. Hadley be recommended as Justice of the peace for Captain Hadley’s beat.

Lott Roberson appointed constable for Captain Courtney’s beat.

John Richards vs A. B. Wilson  continued on affidavit of the defendant

Justice Grover, Wm Collins and J.W. Moom vs Robt and Nicholas Norwood  judgment for the defendants for amount of cost.

page 67
accounts ordered paid to:
Benjamin Eccles eighteen dollars
Absolum Hammett  three dollars
Benj Eccles thirteen dollars and fifty cents for extra services
Joseph J.  Scott twenty five dollars
Abram M. Scott, sheriff sixty two dollars
Harvey Wright  three dollars
Felix E.Stephens  ten dollars

Nathan E. Raymond recommended as justice of the peace for Capt Mayberry’s beat

James Reid appointed constable for Captain Mayberry’s beat.

Ordered the tax collector pay over to Charles McMicken sixty dollars thirty cents being the amount he was over charged for the years 1819 and 1820 and was paid to the tax collector, 9 May 1823.

page 68.
ordered that the court be adjourned.  Th. H. Proper presiding justice.

9th Dec 1923, a special court conveyed on a Habeas Corpus.
Hon. Thomas H.Proper presiding Justice
Charles Stewart Esq associate justice
A. M.Scott Shff
Benj. Eccles clk.

William Grayson a prisoner confined in the jail of said county at the suit of Jesse H. Cartwright, being brat into court, It is ordered from the causes of his caption and detention that he be discharged from the custody of the sheriff of said county signed by. Th H Proper presiding
Charles Stewart A.J.C.C.

end of 1823 court records.

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