Georgia, executions recorded in statewide records, 1887-1995, Undated

Online content

364 ATLANTA AND TTS ENVIRONS

“lo give some general idea of this great modern prison it may be stated
that the jail proper, which does not include the front offices and jailer’s apart-
ments, is composed of an east, a west, a north and south wing with the follow-
ing dimensions: East wing, 75 x 35 feet; west wing, 60 x 35 feet; north wing,
36 x 20 feet; south wing, 36 x 20 feet. There are 190 toilet apartments and
26 elegantly finished bathrooms. The tower is 138 feet high. On every floor
there are electric lights and the best of sanitary fixtures. The cells are of the
finest chilled steel and are arranged with outside corridors and the best of
patent prison locks. The floors of the prison are of cement and can be flushed
and drained in a few minutes. In the basement are rooms of machinery con-
nected with the heating and lighting, the ventilation and the elevator. ‘The
cost of the building, not counting the outside walls, will be $175,000... .

“The new jail ought to have been finished under contract on the first of
last January, so that six months have already been charged up to the con-
tractors, and they will be forced to pay $15 for each day after the first of
January. It is believed that the jail will be ready for occupancy by the first
of August

“The contractors are L. P. Hazen & Co. The superintendent is Mr. H.
C. Hazen. Mr. Grant Wilkins is the architect and he is represented at the
building by Mr. R. C. Prosser. Mr. Charles H. Hagemann is the foreman.

“Though the work is greatly behind, yet when the new jail is finally
finished Fulton County will have the finest prison in this country and, perhaps,
in the world.’’*°

Following its description of the new jail, the Constitution for the same

gi day gave an interesting account of the about-to-be-abandoned old jail:

“. . So, with the passing of the old prison some of its history is interest-
ing. The woes and tragedies which have been witnessed within its walls; the
prayers of anguish which echoed through its corridors; the human depravity
which has passed through its portals, and the terrible crimes which it has
heard rehearsed would fill a mighty volume as replete with sensations as the
‘Arabian Nights.’

“In this old prison the death watch has preceded many a cowering victim
to the dark and awful gallows. Here the hand of the desperate suicide has
sought death rather than be hurled into eternity by the hangman’s rope. Here
the seared conscience has cowered in the dark dungeon when alone with guilt
and God. Here tears have fallen, like drops of blood wrung from agonizing
hearts, while loving ones wept o’er those who had fallen beneath the avenging
hand of the law. Here the mother has wept over the erring son, the wife over
the sinning husband, and the sister over the fallen brother. Those old walls
have heard, perhaps, many times some despairing wretch repeat the cry of the
Master of Life, ‘My God, my God, why hast Thou forsaken me.’

“Fight times from within that old prison has the doomed murderer walked
to the gallows and paid the penalty for his crime.

“The first hanging witnessed in the jailyard after the old jail was erected
was that of Belton O’Neal, who killed a man named Little at the corner of
Marictta and Broad streets. The murder was committed with a knife. O'Neal
faced his fate nervously, and walked from the jail with a trembling and un-
steady step. He was said to have been an abject coward and tottering to the
gallows exclaimed: ‘I can’t stand it.’

JOHN ELDON SMITH, 53
‘EXECUTED DEC. 15, 1983
Murdered Ronald and Juanita Akins of Macon

(e4 : ey, there ain’t no point in
I i pulling [the straps] so tight.”

~ JOHN C. YOUNG, 28
. EXECUTED MARCH 20, 1985
Beat to death Coleman J. and Gladys Brice
and Katie Davis of Macon during burglaries

669 ve been given injustice. All of
- you are playing God with peo-
ple’s lives. We all make mistakes but

that’s only because we are human. But

then, you shouldn’t try to judge those
who make mistakes and play God in
their lives and say whether they
should live or die.

“The poor are easier for our legal
society to manipulate. Poor people
need.to wake up and realize they are
being used. We all know that those that
have money, they’re the ones who get
by. The poor, even though they fight,
they don’t have a chance because the
courts don’t really recognize them. —
People look on them as between
human and animals, but we’re all from
the same creation.. . . This is the way
America will always be. I go on my
journey to be with God, out of this cor-
rupt world... .

“T’m not sorry to be leaving this
world. Being born black in America
was against me. Y’all cry that America
was built on Christianity, but I know
that it was built on slavery. And I know
that you can’t be honest with your-
selves. I know you can’t love those
next to you and see them as people
because you can’t see yourselves as
people.”

ae : ;
ae WILLIAM V.

ae MITCHELL, 35

she: “. EXECUTED SEPT. |, 1987

shot t to.death 14-year-old Christopher Carr
. ‘ during Sylvester store robbery

ana’ "4
6 “V 0 all of those who love and
Ss ‘I; care about me, I love you. To
Qrare my detractors. . . What
can{} say? You know [Pardons and
ea Board Chairman] Wayne Snow

said I'have no redeemable qualities.
To Mr: ‘Wayne Snow, I'd like to say, kiss

“Bye, yall.”
» (Loud, derisive laughter)

JOSEPH

MULLIGAN, 35
EXECUTED MAY 15,

1987
Murdered Patrick Doe
and Marion Jones Miller
of Columbus

c¢ T his has nothing to do with

4 right orwrong.. . .] didn’t
participate in the crime. I Stated from
the start I had no knowledge of the
actual murder. . .

“I don’t understand the judicial
Process as it goes through the . . .
courts, for the simple reason that
youre not working on guilt or inno-
cence, you’re working on points of law,
and I can’t see being judged in this
manner.

“I don’t know how or when, I don’t
know what’s going to happen after-
wards. I hope my attorneys press on to
find the truth. It only takes someone
with determination to find out what
really happened.”

RICHARD TUCKER, 44
EXECUTED MAY 22, 1987
Kidnapped and beat to death
retiree Edna Sandefur

6¢ I t has taken some time [to realize

it], butI ama part of everyone
and everyone is a part of me. No mat-
ter where I go or how I go, everyone
goes with me.”

JEROME BOWDEN, 33
EXECUTED JUNE 24, 1986
Stabbed to death Kathryn Stryker in
Columbus house robbery

¢¢7 thank the Lord for the chap-

I lain and the people in this
administration that He has placed to
work here. If my execution is carried
out, I know it will be done by the
Lard’s will. I just want the people to
know that I am not the same person I
was once upon a time, because I was
baptized in 1980... . The old crea-
ture was destroyed, I became a new
creature.

» “The old Jerome Bowden is no
longer. The new Jerome Bowden will
pave the way and he will be remem-
bered as the Christian Jerome
Bowden.

“I want to thank those who fought so
hard to save me. I want to thank the
fine people of this administration .
including [Assistant Warden] Mr.
[Willis] Marable for doing what they
could do to make this thing much
more easier |o deal with because it is
a very hard thing to deal with and I
know it and they knowit.. . . That’s
why they are still standing close by, to
make sure that everything goes
according to plan. . .

“My execution is about to be carried
out and I'd like to thank the people of
this institution for taking such good
care of me as they did and I hope by
my execution being carried out, it will

aoe

48 J. G. JoHNson

tering his house suddenly and stealthily, they told him that
they had come to kill him. The priest attempted to dissuade
them, but they told him not “to weary himself preaching to
them, but to call on God to help him.’? Whereupon Rod-
riguez begged to be allowed to say mass, and requested that
after his death they bury his body. He then divided the
few things that he possessed among the poor Indians of the
town, after which he knelt before his executioners. While in
this posture he was slain, and his body thrown out in the open
for the birds and beasts to eat. However, none approached
it but a dog, “which ventured to touch it and fell dead.”’8

The Indians now sent a messenger to the chief of Guale
Island, ordering him to kill the priests on that island, warning
him that they were coming to see if it had been done, and
if not, he and all his people would die with the missionaries.
The chief, being friendly toward the Spaniards and unable
to prevent the threatened invasion, secretly sent a supposedly
faithful native to Assopo, where Aufion and Badajoz had their
mission. He hoped that, when apprised of the danger, they
would retire to the Spanish presidio, some distance away on
the same island, until the danger was past. In that way he
would not only save the Franciscans but would also clear
himself.

The messenger, however, through treachery or fear, did
not deliver the message but returned to his master with a
fictitious reply. The chief, who was well informed of the
danger, again sent him to Assopo. This he did for three
consecutive days, even offering the priests a boat to cross
over to the mainland, but the warning never reached them.
At the end of three or four days the rebels appeared, and
such was their anger toward the Guale chief that he would
have been killed had he not been able to offer plausible ex-
cuses. Wishing to be absolved from all blame he went to
the mission, where he spoke to Father Aufion as follows:

7—Torquemada, Monarchia Indiana, iii, 351.
8—Barcia, Ensayo chronologico, year 1597, Pp. 170.

Tue YAMASSEE REVOLT 49

“Tt would have been better if you had believed me,
and had put yourself in safety; but you did not wish
to take my advice, and it will not be possible to de-
fend you from these people who have come to kill
you.’

The missionaries replied that they had been ignorant of
all that, and that he should not be troubied, as they were
willing to die. The chief then bade them farewell, saying that
he was going away to weep for them, and that he would return
and bury their bodies.”

Upon their arrival at Assopo, the Indians first sacked the
mission, after which they fell upon the priests with sticks and
macanas (wooden knives edged with flint). Father Aunon
was held in such high esteem that, at the frst blow given him,

many of the Indians were moved to compassion and wished to
spare him. As he knelt before the savages, a dispute arose

among them until one, stealing up behind, slew him. They
left the bodies where they fell, but some Christian Indians

‘buried them at the foot ofa large cross which had been

erected by Father Aunon.
The murderous band now crossed over in great haste to
Asao, on St. Simons Island, “4 in search of Father Velascola.

- They learned in the town that the missionary was in St. Au-
. \ ee
gustine, but, ascertaining the day he would return, they hid

themselves in the reeds near the place at which he would dis-
embark. As he was a man of immense physical strength they
feared to attack him openly. When he landed they slyly ap-
proached him and he fell under the blows of the macanas and
tomahawks.”

Continuing on their way southward, the Indians stopped
at Jekyl Island # and surprised Father Davilla at his mission
at Ospo. Hearing the clamor without, and understanding the

9—Torquemada, Monarchia Indiana, iii, 352.

1o—Ibid., loc. cit.

1I—Asao was 9% leagues from Assopo [Examination of Alonzo de las Alas,’
1602. Ecija in his ‘‘Derrotero” says 10%. J.D. G. Shea, Catholic Church in

te : ‘Colonial Days (New York, 1886), Pp. 155).

t2—Barcia, Ensayo chronologico, year 1597, p. 170.
: 13—The itinerary of the Indians would seem to indicate that Ospo was
either on St Simons or Jekyl Island. Jekyl is thé more probable site as Asao was
On the southern end of St. Simons. ‘

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et GEORGIA HISTORICAL

QUARTERLY

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PUBLISHED BY THE

GEORGIA HISTORICAL SOCIETY

VOL, VII No. 1 MARCH, 1923

One Dollar a Number Three Dollars a Year

Application pending for entry as second-class matter
at the post office at Savannah, Ga

Pees

4 me

CEES" aga a pation be 4 . —

® heie

TEGAL FLECTROCUTICNS IN THE STATE OF CZORGIA
RACE. & COUNTY OF

NAME SEX LGE CONVICTION CRIME
“euenson, Howard CM - DeKalb Murder
Williams, Alex os, Jones Murder
Jackson, Wras cM - Rabun Murder

a Walton, Charlie Cy 39 Fulton Murder
-Coegeshall, Ted wa 21 Putnen Murder
ene miicCleland, Floyd ww 20 Putnen Murder
Stewart, Anos (M..* Worth Murder
Clover, Ed CY - Bibb Mur der
Johnson, Tom cu O4SB Jefferson Murder

Williams, Pringle Mec il Emanvei Rape
SJchnson, James cM - Fulton Mur der
Wecore, Mell WM 22 Fulton Murder
Fennell, Herbert cm 406. 20.—Cts—s«éLLbeexty Murder
Mars, Osca WM 4&6 Ben Hil Murder
—2cunsaville, John M 2 Chattcoga Murdex
meStewart, Cellus cé 40 o35—Stéisv ly Murder
Chamblee, Lee Ch 40 -Bartow Murder
Galloway, Wilbur CY 28 Dodge Murder
Parker, Mose@ CM 35 Pike Murder

Pryor, Roy m™ 24 Monroe Rape

Clark, George (™ 26 Jasper Rape

Sanders, Jonn cM) 06 41~—Ss Fulton Rape
wruller, carfieldO cm 40 sC«44_—S—”sé@PP’ lw” Murder
a uinn, Albert cM =s25 Terrell Mur der
Coates, Robert cS é386 Jefferson Mur der
Ellis, Henry c™ * 25 Fulton Murder
Price, Edgar CM 24 Grady Murder
Grant, James E. CM 27 Fulton Murder
Hicks, Charlie Cc «= so21~—S—édFsitttonn Murder
Jones, Robert cM 22 Bibb Murder

Hammond, Harold WM 36 Fulton Murder |

—lcClioud, Medie wa 29 Decatur Murder
Gower, Sam WM 42 Gwinnett Murder
Taylor, preddis CM 33 Fulton Murder
Thompson, Clifford wa 22 Murray Murder
Moss, Jim @ Moses CM 27 Murray Murder
Shepherd, R. He WM 57 Fulton Murder
Reddick, Marshall cm 40 «440—ss« Coweta Murder
George, Willie Cc. c™ 23. = Fulton Murder
Capers, © ™ 19 Fulton Murder
Gillom, Willie @Gillion cm 21 Fulton Mur der
—™ Grinstead, Grifi @ Grant WM 56 Montgomery Mux der
Clark, John CM 44 McIntosh Murder
-—Grunmady, James CM Ze Colquitt Murder
Dozier, Jeff cu C«60~SsC*&Frloydd Murder
— Morrow, Malcolm mM 31. Glynn Murder
—"Simpson, Homer c. wi 40 Glynn Murder

Bryant, Willie ; "CM 23. Ware Rape

Merritt, Alvin. WM 25 Fulton Rape
Ellen, John cM iA LL ping Murder
Barker, James CA 23° BL Murder
—~elly, Edmond CM. «28 Grady Murder
Screven, Renty cM 50 Chatham Murder
Jolley, Angeline@Lucious c™ 23 Bibb Murder
Duzer, Emory Van Y 24 #$Fulton Murder
Smith, Wash WM: 21 Murder

pen Hill

LEGAL ELECTR CUTIONS

IN THE STATE OF GEORGIA

RACE & COUNTY OF DATE
NAME SEX AGE CONVICTION CRIME EXECUTED
“w= Jenxins, EdgarO Cd: 22. Bariy Rape 1-16-31
Biggers, William OMe Fulton Murder 1-27-31
est, Henry eM. 21° Floyd Murder 3-13-31
Jewsome, L. B. ee: Zit “Peach. /. Murder Sr2ie>%.
Cox, Willie Lee CMe. 27 Fulton Murder 4el7~-52
"Milita Gilbert cM 30 Fulton Mur der AOS eae,
Perry, Marvin cm. <40-- Early Murder 4e29-S
Griffin, Fred @ Carter cM 18 Campbell Mur der 5-18-31
Green, Willie @ Crooms CY 27. + Richmond Murder 5-22-21
Adams, Burley Ww 34 Columbia Murder §-22-21.
Dudley, Eugene CM 21 £4Walton Murder Jel7e3i
Higgins, Willie C™ 28 #£Fulton Murder 9-11-3:°.
Stevens, Clark M 24 Morgan Murder 10-16-.«
Chrisholm, Robert Lee cM 20 = Peach Rape 10-16-35
Hendrix, 0. C. CM 34 Fulton Mur der 10-31-31
Searcy, William M 32 Talbot Murder 10-30-31
Gaskins, English WM 50 Candler Murder 12-21-31
—Jiarch, Eddie (™ 16, Dougherty Mur der 2-9-32
messohnson, Major (Slick) wM 44 £Dougherts Murder 2-9-32
Parker, J. H. @ Terry Ww 38 Ware Murder 4-38-32
Rounds, Willie C™ 27 #42,4Houston Murder 6-10-32
Jones, Willie ™ 24 Richmond Murder 8-8-32
Jackson, Albert @Lumsden CM 22 Peach Murder 10-7-32
—Baker, Paschallo CM 32 £Webster Rape 10-28-32
—Green, Charlie, Jr.O CM 32 Webster Rape 10-28-32
etulsey, Fred © WM 31 Polk Murder 11-4-32
Hulsey, William® wm 55°. Polk Murder 11-4-32
Humphreys, John L. CM 21 Stewart Murder 11-5-32
Jackson, J. C.0 CM. 23 Early Murder 11-16-32
_ Welch, Lawrence @ CM 46 Early Murder 4-4-33
topes eee @B. Jones © - Greene Murder 5-19-33
“Randall, Pat i, Randolph Murder 5-20-33
Davis, Raider @ Williams CM - Fulton Murder 6-14-33
Morris, Richard CM 18 Fulton Murder 8-11-33
Sims, Richard CM 18 Fulton Murder 8-11-2°
White, Mose @ Tom CM 18 =. Fulton Mur der 8-11-35
McCollough, Thomas A. WM 58 Fayette Murder 8-25-5
Key, Eugene CM 25 Houston Murder 8-25-55
-_—eJackson, Rochelle® CM. 27. Worth Murder 9-8-323
Simpson, Harry cM) «(34 = Clinch Murder 10-20-:
Brooks, Grady C™ 19 Pickens Murder 10-27-23
Zuber, George @ McDow cM 0 «a29'~Sts«éPickenns Murder 10-27-23
Barbee, James F. wi 47 Pulaski Murder 12-29-33
Osborne, Will @ A. Dobbs (! 18 Fulton Rape 1-12-3
Short, Homer Lee CM 24 Marion Murder 3-2-34
Downer, John (Downing) C™~=«so28 Elbert Rape 3-16-34
—WJalker, Sandy c™ 48 Worth Murder 3-16-34
Lively, Mitcy W. (Miller) WM 47 Fulton Murder 4-20-34
James, Mack - cM 29 Banks Murder & Rape 5-11-34
Patrick, Hosea cM 0 30~—Ss«éFusitton Murder 5-15-34
Hicks, Claude CM 27~—Ss Fulton Murder 5-15-34
South, Floyd -eM 22. Fulton Murder 6-15-34
Castleberry, Reese cM 24 Pickens Murder 6-15-34
Duncan, Clifford @ Jones c™ 26 Candler Rape 9-14-34
Johnson, Frank @Williams cmu.606s«442—Ssi—«é JONSON Murder 10-5-34
Street, Mose cM 20 o29~—Ss« Chatham Murder 11-15-
Dodson, Charlie c™ 17 _~ Schley Mur der 1-21-35
Hammett, J. T. Ww 47 Troup Murder 2-11-35
Barfield, Archie cM 22 Gwinnett Murder 2-15-35
Wright, John Henry cS tsé2'8 McDuffie Murder 3-1-3
Reese, Rack @ Jack cM = o55 McDuffie Murder 3-1-
— Tucker, Joe CMe Meriwether Murder 3-5-
—psrown, D. WS (™ Webster Murder 3-7-
—Bell, Arthure ™ - Webster Murder 3-7-35
——~Hargroves, Robert F.O Ww o26 Effingham Murder 3-15-

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> One of them,

THE NINETEEN HUNDREDS 619
her bow through the columns of the Southern Tem
contributed regularly to the Sunny South,44

Saturday, April 26, 1913, was a holid
was the day set aside years before upon
Confederacy, both living and dead Day parade made its
way from the center of the city to Oakland Cemetery,

llowers were placed
on soldiers’ graves and the speaker of the day, Dr. Charles E, Lec, of Macon,
held forth cloquently,45

Meanwhile a §rucsome crime was b
and stone building,
39 South Forsyth
and the grim dr

perance Crusader and later

ay in Atlanta and in the South. It
i r the veterans of the

cing committed in the four-story brick
occupied by the National Pencil Company, and located at

Street, between Alabama and Hunter streets, The crime
ama to which it gave rise, lasting more than two years, was

important. But the “Leo Frank Case,” as

arge number
ing 14 years
She was born in

d step-father, Mr.
idsey Street, near Bellwood (now Bank-

to pencils, her place
- The factory supply of
April 21st, so Miss Phagan did

for work any more that week, S

collecting h
2 o’clock.47

actory shortly after noon, saw the Jewish superin-

second floor, and asked for her pay
© was no other person on the office floor of the
building, and no others in the factory except two workmen on the fourth
floor. Frank was later to testify that he deli ope, containing
€ replied in the

ence that Mary

Negro night Watchman
asement of the building

ace, and reported the matter to the police by tele-
Phone. Death ha

angulation, from a strong
the throat. An eye was discolored from a
and minor bruises on the body. Physicians

at death had occurred twelve to fifteen hours
earlier. On the floor near the body were found two rudely scrawled notes.
written on brown Paper, read as follows: “Mom that negro fire
down here did thj i to make water and he push me down
right while play with me.”
ad, bore this Statement: ‘He
ke the night-witch did it, but th

, there was a gash on the head
who examined the body said th

along tall black negro did it j
written on a white scratch p
me, laid down play li
did boy hisself,’*49

a hole
The other one,
said he would love
at long tall black negro

ERR pone

eS ce?

et ae

6-15-1905-HANSLETT, William, to be hanged, place not known.
12-29-1905-BROWN, Melton, black, to hang Baker Co.

1-12-1906-CUNNINGHAM, Will, black to hang Jefferson Co. for murder
of a black woman.

5-25-1906-CODY, Columbus, black, to be hanged Houston Co.

2-25-1907-BELL, Andrew, black to be hanged in Dublin for the
murder of Rose Mathis.

9-28-1907-ALLEN, Charles, to be hanged, Henry Co., for murder of
Brm Ritchie, both black.

10-24-1908-CAIN, Jack, black, to be hanged Griffin for murder of
Zack Brown, also black.

11-6-1908-JEFFERSON, Simon, black, to be hanged Abbeville for the
murder of another black.

11-4-1909-RAZOR, Ed, to be hanged St. Mary's for murder of Section
Foreman Kirkland.

12-9-1910-WHITFIELD, Willie, to hang in Washington Co. this day.

12-18-1910-RUSHING, Ike, black, to hang, Jones Co., for murder of
Bailiff Bass.

2-10-1911-WILLIAMS, Hiley, black to hang Houston Co. for murder of
D. C. Clements, white.

7-17-1911-WEBSTER, Tom, black, to hang for rape, Jefferson.
1-13-1912-TAYLOR, Henry, to hang Milledgeville.
7-14-1912-GIBBONS, Charles, black, to hang Louisville.

Late 1912-TOLLIVER, Anz, was to hang, Colquitt Co., but escaped
from jail on night of Sept. l.

9-6-1912-WEBB, Jonathan, was to have been hanged Blakley but
received last minute stay.

10-25-1912-DARE, Harrison, to be hanged, Forsyth, for murder
of Ned Taylor, both black.

10-31-1913-ROBINSON, Bunk, to hang at Eatonton for murder of Lawson
Scott, both black.

5-22-1914-ADAMS, Henry, ALSTON, Peter, & BROWN, Aaron, blacks, all
expected to be hanged Savannah, for murder of Peter Duberry.

2-9-1914-BIVENS, Cooper, black, being pursued, Sumter Co. for mur-

der of Constable Tucker Cassell.

8-29-1914-WRIGHT, John, was to hang at Blue Ridge but respited.
7-27-1915-MILLER, Jack, to be hanged Quitman.
3-8-1916-POLLARD, Asbury, citizens of Brunswick asked for respite.

3-10-1916-TRUITT, Dave, black wife murderer, to have been hanged
poss. Atlanta but appeal filed.

3-9-1916-FLOYD, Henry, convicted in Jenkins Co. of murder of Bertha
Perdue, had death sen. affirmed.

4-21-1916-SKELTON, Robert, was to hang at Hartwell but evidently
granted a new trial.

5- -1916-RHODES, Sam, white to be hanged Augusta. Board of
Pardons unanimously recommeded clemency so probably not
executed.

8- -1916-WRIGHT, David, black, to hang Hamilton Co.

8-24-1916-WILLIAMS, Aaron, black to have been hanged in Brunswick,
escaped from jail.

12-21-1917-DANIEL, William, to hang Pulaski Co. for murder.

1918-HIX, Charles, black, poss. hanged Rutledge for murder of Con.
vet. J. Pink Harris:

4-11-1918-GOODWIN, Bart, death sentence for murder of his wife,
Polk Co., affirmed.

7 or 8- 1919-STEELE, Tom, to be hanged Thomas County for murder of
another black.

9-1-1919-WEBB, Joe, to be hanged Rome for murder of James Welch.
1920-CUMMINGS, Hubert, probably hanged, Laurens Co.

9-30-1920-CRAWLEY, George and Decatur, sup. ct. affirmed death
sentences from Union Co. for murder of lawmen.

10-29-1920-BAILEY, Whit, to hang Spaulding Co. for murder of Lonnie
Mays. Both black.

11-19-1920-WILSON, J. C., to be hanged Abbeville for murder of
bank cashier R. E. Sappington.

11-28-1920-KELLY (or Kelly), LeRoy, sentenced to be hanged in
Griffin. Have a note indicating that he probably was hanged.
Murdered taxi driver.

11-5-1901-ALLEN, Prince, black, death sentence for murder of Louis
Carlos, also black, Macon, affirmed by sup. ct.

12-13-1901-COLLIER, Bill, was to be hanged, Dalton, for rape of
Mrs. McPherson. white. Respited.

2-19-1901-FELLOWS, Gus, black, originally sentenced to die for
rape of Miss Hood in Jackson Co. in 1900; received new trial
on appeal and on this day mistrial declared. I have nothing
further.

6-13-1902-MOYE, Alfred, black, to hang in Emanuel Co. for murder.
6-15-1902-JACKSON, Andrew, black, to hang Quitman Co.

7-31-1902-SIMMONS, Robert, convicted and sentenced to death, Savan-
nah, for mdurder of George Harris.

12-6-1902-BOYD, Thad, Jr., to hang Athens for murder of brother-in-
law.

10-9-1903-WILLIAMS, , black, to hang Madison Co. for murder of
a black woman.

11-16-1902-HARDY, Tom, sentenced to hang, Augusta, for murder
of B@ Gritfin.

8-26-1903-CAWTHORN, Robert, to be hanged Eastman for murder of
Richard Tucker had execution stayed.

Cir 1904-Two men supposed to be hanged Floyd Co. Probably Baker &
Sutherland, hanged in 1905.

1904-ADAMS, Simons, 1906 article in retrospect states he was hanged
in Sumter Co. 2 years earlier. Not carrying as confirmed.
Possibly Monroe Adams, hanged earlier.

1-8-1904-WHITE, James, to be hanged for murder of Bob Shipp,
Ringgold.

4-5-1904-WILLIAMS, Semore, to be hanged Vienna.

6-12-1904-GRAY, Elton, black, convicted & sentenced to hang at
Vienna for wife murder.

4-28-1905-McCRARY, Will, black, to be hanged Jonesboro, for rape
of Perry Lee Conkle, white female child.

3-24-1905-SIMS, Spear, black, to be hanged Vienna for murder of
Joe King, also black.

5-26-1905-KISER, Pass, black, to be hanged Cummings for murder of
Fred Lott, also balck.

12-23-1920-HARRIS, Charlie who was to hang at Rome for murder of
George A. Pierce, was granted a new trial.

10- -1921-CARTER, Majsor, was in Savannah Jail awaiting execution
for murder of Pierce Co. Sheriff Robinson.

10-25-1921-JACKSON, Joe, black, sup. ct. affirmed death sentence
from Sylvester for murder.

6-30-1922-SMILEY, Jack, black, to be hanged for murder of A. L.
Allgood, Macon.

6-19-1924-MINTER, J. W., sup. ct. affirmed death sentence from
Coweta for murder.

THE FOLLOWING, OUT OF SEQUENCE, ALL WEBSTER CO.

1915-HALL, Buster, conv. of murder without rec. Webster Co.
1915-MASON, John Wesley, conv. of murder without rec. Webster Co.
1915-BEATY, Frank, conv. of murder without rec. Webster Co.
1915-JOHNSON, Colue, conv. of murder without rec. Webster Co.
1918-DEW, Curtis, conv. of murder without rec. Webster Co.
1922-THOMAS, N. P., conv. of murder without rec. Webster Co.
1922-HUNTER, Glenn, conv. of murder without rec. Webster Co.
1923-JONES, Asbury, conv. of murder without rec. Webster Co.

1923-JONES, Clubb, conv. of murder without rec. Webster Co.

256 PLANTATION SLAVERY IN GEORGIA

couraged Hatten, urging him to make “a sure lick.” The jury
rendered a verdict of assault only, and the court sentenced him
as follows: “He shall receive fifty stripes on his bare back this
evening at 8 of the clock and on tomorrow morning between
the hour of seven and nine of the clock he shall again be
whipped by the sheriff with fifty stripes on his bare back with
a cowskin whip or hickory and be branded on either cheek
with the letter A, to be executed by the sheriff at the time of
the last whipping.” The circumstances which gave rise to the
assault deserve mention. Smith had whipped one of his slaves
for fighting with Hatten, and threatened the latter also; Hatten
vowed that no white man should whip him save with his
master’s permission.

The case aroused considerable attention. A number of the
respectable citizens of the community, believing the sentence
to be unduly harsh under the circumstances, petitioned the
governor, John Clark, to remit the part of the sentence with
respect to branding. Expressing his belief that the law “should
be executed in mercy,” Governor Clark remitted that part of
the sentence requiring branding.

During the next two decades the following cases were
recorded: in 1820 Dick, the property of Robert Traywick, was
convicted of burglary in the night, and hung; in 1822 the slave
of Edmund Randle, Henry, who, “with malice aforethought,”
waylaid Barnes Newsome, a white man, whom he stabbed to
death, was found guilty of murder and hung; in the same year
Sam, the property of John Cole of Albermarle County, Vir-
ginia, stole a pair of pants, a hat and vest, a pair of shoes, and
a purse containing six dollars; the jury found him guilty of
theft, and he was sentenced to thirty-nine lashes on his bare
back each day for three days, and to be branded with the
letter T “on each cheek and on the forehead in a plain man-
ner”; in 1824 the slave driver of Jesse Daniel, accused of at-
tempted rape upon Lucinda Diracknit, a white woman, was
found not guilty; Burwell, a slave belonging to Henry Rogers,
attempted to murder his master with a “lightwood knot, knife,

CRIME AND PUNISHMENT 257

and pistol,” was found guilty, and hung in October, 1832; in
1833 Fanny, property of Levin H. Ellis, was convicted of
poisoning Martha and Peter, slaves of Ellis, and hung; on a
charge of attempted rape upon Rebecca Long, a white girl, the
slave Aaron was discharged in April, 1834; three years later

_ Dick, the property of Thomas Whaly, accused of assault to kill

John Ransom, a white man, was found “not guilty.” |

In the case of the State vs Negro Man Slave George, the
property of John Dickinson, charged with the murder of the
slave Billy belonging to William H. Flewellen, the court passed
the following sentence: The accused was to receive fifty lashes
per day for four days, “said whipping to be well laid on
but to be executed with humanity,” and to be branded on the
left cheek with the letter M, with not more than “a one inch
drain.” In 1841, after passing death sentence on the slave
Ricker, found guilty of murdering a white man, the court
added these words: “The facts which have been proven on
your trial make out your case one of the most aggravated form
in the eyes of the law. . . . You will therefore in a very few
days have to appear at the bar of that Court—whose Judge is
God—with your hands stained with human blood, to answer
for the crime of murder. Notwithstanding that there is not a
remote probability of escaping the sentence of the human law,
it may be possible for you to escape the death that never dies,
for this your great and sinful crime and all the rest of your
various offenses against the laws of God and your country. It
therefore behooves you, Ricker, the few remaining days that
you have to live to look alone to Him who can do you any
real good—the God of Heaven, and repent in sackcloth and
ashes.” It is easy to imagine the horror that these words struck
in the heart of the miserable Negro, words that would prob-
ably produce like sentiment in the breast of any man con-
demned to die. But, furthermore, this statement on the part
of the court suggests a feeling for the slave ordinarily unex-
pected.

A case coming before the court in 1843 suggests the some-

258 PLANTATION SLAVERY IN GEORGIA

what tedious method gradually evolving in the trial of slaves.
Frank, the property of Richard P. Sasnett, a prominent planter
of Hancock County, attempted to murder Joseph R. Sasnett
“with a green hickory stick, about eight feet long.” Frank
was arrested by Justice of the Peace John G. Coleman, who,
with two other justices, tried the case and found him guilty;
the prisoner was committed to jail; the case was tried before
the Inferior Court, which likewise found him guilty; appeal
was made to a special court, but the verdict of the Inferior
Court was sustained and Frank was hung. This may have
been the result of an effort on the part of Richard P. Sasnett
to save his property interest in the slave, as the former was
quite prominent. In all other cases of a similar nature there
was no appeal. But at all times, it seems, money and influence
are felt in the administration of the law.

Another unusual case was that of Israel, the property of
Jesse W. Horton, who, in April, 1849, assaulted George W.
Reynolds, a white man, with “a common patent axe,” cutting
a gash in the head of the latter. Thomas, one of the lawyers
present, asked that the court charge the jury “that though acts
may be capital when committed by Negroes, which would not
be capital when committed by white persons yet with the trial
of the Negro for the offense with which he is charged, the
Negro is governed by the same rule of evidence as the white
person.” Evidently the evidence submitted during the trial
was not conclusive. Israel was found guilty, however, and
sentenced to five hundred lashes on his bare back in install-
ments of fifty each day, “said whipping to be well laid on, but
to be executed with humanity,” and to be branded on both
cheeks with the letter M, not exceeding one and a half inches
in diameter. The sentenced was executed by the sheriff.

V Offenses committed by slaves against Negroes in the great
majority of cases received lighter penalties than if they had
been committed against a white person. In 1849 Warren, a
slave, killed a Negro boy, George, property of Wiley Arnold,
by a blow on the left side of his head with a fence rail. At the

CRIME AND PUNISHMENT 259

first trial the jury could not agree; a mistrial was granted, and
the case discharged. However, a new indictment by the grand
jury in 1850 found him guilty, the case was reopened, and War-
ren was sentenced to be executed. But a new trial was appealed
for because the jurors admitted prejudice against Warren. The
case finally reached the Superior Court, and after a reindict-
ment and the subsequent trial, Warren was found guilty, and
given a sentence of five hundred lashes.

In Baldwin, the county adjoining Hancock, with some ex-
ceptions the crimes resemble those of the other counties. Be-
cause the capital of the state was located in this county, and the
region more prominent than others would be, a brief analysis
of the cases is included herein:* The first case recorded was
that of the State vs Major, Nov. 12, 1812; the defendant, a slave
belonging to John Reeves was convicted of rape and sentenced
to be hung; in 1815 Fannie Micklejohn, property of the heirs
of William Micklejohn, charged with murdering an infant,
was acquitted; in the same year the slave Tom was convicted
of murdering a slave and sentenced to be branded on each
cheek with the letter M and to receive thirty-nine lashes on his
bare back each of three successive days; in 1816 the slave John,
charged with stealing a $100 bill, was found guilty and was
whipped in the manner described above; in 1818 Aleck, con-
victed of assault with attempt to murder, was sentenced to
fifty lashes on each of three successive days. The following
year, 1819, Rodney, convicted of arson, was hung; in 1821 the
slave Peter, convicted of murdering a slave, was branded on the
right cheek with the letter M, and given thirty-nine lashes each
day for three days; while Edmund, charged with involuntary
manslaughter, was dismissed. In 1822 Dave was convicted of
assault with attempt to murder, but the sentence was not re-
corded; the same year John, convicted of burglary but recom-

® Records of Baldwin County, “Records of the Proceedings of the Inferior Court
of Baldwin County on the Trial of Slaves charged with capital offenses.” MS. in
the courthouse at Milledgeville, Ga. Record summarized in Phillips, “The Archives
of Georgia,” in the Annual Report of the American Historical Association, 1903, I,
462 ff., and in Plantation and Frontier, II, 123-125.

260 PLANTATION SLAVERY IN GEORGIA

mended to mercy, was sentenced to receive thirty-nine lashes on
three successive days, and to be branded on the right cheek
with the letter T; on the same day, this same slave John, was
sentenced to be hung for assaulting a white man with the at-
tempt to kill. In 1825 George, the property of John D. Ponder,
convicted of burglary but recommended to mercy, neverthe-

less received the sentence of hanging; and on the same day,

Stephen received a like sentence for assaulting a white man.
In 1826 Elleck, charged with assault to commit murder and
rape, was found guilty of assault to kill, and sentenced to death.
In 1828 the slave George, charged with larceny from the house,
was acquitted; and the next year Caroline, charged with maim-
ing a free white person, was also acquitted. Finally, in 1832
Martin, the slave of Farish Carter, pleaded guilty to the charge
of assault with attempt to murder, and was sentenced to the

_usual thirty-nine lashes on three successive days.

(@ Besides the annoyance and worry created by refractory
slaves, they constituted an expense to their owners, as the in-

_ [teresting document shown below indicates:

State vs. Martin, a Slave, property of Farish Carter—
Sheriff's Cost

For summoning a Jury .................. $ 5.00
” Conducting Prisoner to and from Court 1.25
” Whipping three times @ $1.25....... 3-75
” Guarding Prisoner 7 days—2 men
@ SrBS cece eds ieeaheGye Pee:is 17.50
” Dieting Prisoner 8 days @ 15%c .... 1.24
$ 28.74
Clerk’s Cost
For Indictment ...............0.0.0..0... $ 1.23%
” Arrangement ...... Series « 8 ym pee “384
” Attendance on the case ............. 314
Entering sentence ................... 314
” Copy of sentence sent to Sheriff ...... ary,
Recording of proceedings ............ 1.00

"Carter MSS. While the figures for the clerk’s cash do not add up correctly,
they are given as in the MS. Records extant show that slave-owners often were
required to travel long distances to identify a slave.

CRIME AND PUNISHMENT 261
For Pannell of a Jury ...........: [eq daana ary,
” Retaining fee as Prosecuting Attorney 3.75
7560/4
Justices’ Fees—Bill annexed .............. 3.12%
Constables’ Fees ................0.0.020-. 3.504%
MOAN ig ca ada oop onda hy cote ie advan. $ 42.99

The usual methods of punishment, or sentences, for slaves were
whipping, branding, hanging, and deportation. Jail terms
would have been unsatisfactory, as the owner would have been
deprived of the services of his slave. An ordinance of the town
of Washington stated that “Where no fine is expressly pro-
vided the offender if a free white person may be fined at the
discretion of the Board not exceeding ten dollars for any of-
fence; if a slave he may be whipped not exceeding ten stripes
or imprisoned at like discretion; and if a free person .of color
these punishments may be united or varied at the discretion of
the Board.”® It was likewise provided that all whipping should
be done with a whip or cowhide “on the naked skin.” Seven
years later, in 1837, the number of lashes was raised to thirty-
nine. In 1840 the city of Macon passed an ordinance to the
effect that in cases not especially provided for, slaves and free
persons of color who violated the ordinances of the city were
to be tried by any two members of the town council; if the
accused were guilty, a sentence of not over thirty-nine lashes
in any one day, or a jail sentence of not over five days, or both,
might be imposed; corporal punishment or confinement might
be remitted for a pecuniary fine, provided the master or
guardian of the slave was willing to pay.® As the condition of
the slave prevented the infliction of such penalties as imprison-
ment, banishment, and fine, only through his body could he
be reached. Branding, ear-cropping, and other mutilations of
the body were gradually abandoned as the period wore on,
leaving the two chief penalties, death and whipping.

®* Town Records of Washington, Georgia, 31, 299.
° The Charter and Ordinances of the City of Macon, 1827-1858, 24.

\
\
\

XI
CRIME AND PUNISHMENT

As notep in the previous chapter, by an act of the Georgia
legislature in 1811 the jurisdiction over all cases for the trial
of slaves upon charges involving a penalty extending to life or
limb was vested in the Inferior Court to be composed of at
least three justices of the court and a jury of twelve freemen.’
Later during the period there was some agitation for the trans-
fer of the jurisdiction to the Superior Courts. In a message to
the legislature in 1849 Governor Towns made the following
statement: “To impose upon them (Justices) the responsibility
of deciding complicated and vexed questions of law involving
human life, is, to my mind, unjust to them as a Court, and
not the most reliable mode of attaining the ends of justice by
a fair trial in the due course of law.” He recommended that
the Superior Court have jurisdiction over capital offenses
charged to slaves. The Inferior Court, he said, were “usually
selected from the citizens of the respective counties without
special reference to their legal attainments.” The following
February, 1850, an act to this effect was passed.°

«Minor offences by slaves were dealt with by city courts,

’ somewhat informally, or in a summary fashion by slave-owners
, on their plantations. Records of this nature are scant, being,

for the most part, destroyed. Yet the enticing bits reveal the
fact that despite the rigid laws and the patrol system offenses
and crimes were abundant and varied. While slavery tended
to reduce the number of crimes, there were many in the ante-
bellum period. A typical example is that of Wilkes County,
in which the following trials took place between 1812 and
1849:* In 1812 the Negro Ben, property of Robert McGough,
Prince, Digest (1837), 789, 790.

Nw? Reports to the Georgia Legislature, 1845-1355, 26.

® Cobb, Digest, 1018, 1019.
* Records of the Inferior Court, 1802-1853, Trial of Slaves.

[ 254 ]

s®

CRIME AND PUNISHMENT 255

was found guilty of stealing money and a horse, and was sen-

tenced to thirty-nine lashes for two days, and two hours each
YY day in the pillory; in 1815 Slivey, property of Jesse Stallings,

was convicted of house-burning, and was sentenced to be

@e whipped at the public whipping post, fifty lashes “on the bear

[stc] back for three days, all well laid on,” both ears cropped,
and branded on right cheek with the letter R; the following
year Nancy, belonging to Harriett Carbell, was convicted of
arson, given thirty-nine lashes each for four’days, and branded
on the “brawn of the thumb of the left hand with the letter
A”; in 1818 Osborne, convicted of murdering another slave,
was given fifty lashes, and branded with the letter M; in 1819
Isaac was found guilty of rape upon a white woman, and
hung; two years later a boy slave, likewise named Isaac was
hung for murder; in 1822 the Negro Edmund was convicted
of burglary, given thirty-nine lashes each day for three days,
his ears cropped, and his right cheek branded with B; in 1832
Jerry was hung for rape upon a white woman. In all, there
were twenty-five cases recorded during this period; four were
cases for murder; six cases carried charges of arson, and two
were found not guilty; two slaves were charged with poison-
ing, but only one convicted; the two cases of rape recorded
carried conviction and death; four cases of burglary, one of
which was discharged, were recorded; six slaves were charged
with assault with attempt to murder, and five were convicted.
tA more interesting record was that of Hancock County
covering the period from 1820 to 1849.° The first case, dated
January 15, 1820, dealt with the Negro Hatten, property of
Will Minor, who was charged with assault with attempt to
murder. Hatten had attacked Richard Smith, a white man,
“by taking hold of him by the throat, choaking him, and
immediately afterwards ...he raised a Hoe at him and
cursed and abused him and threatened to kill him.” Another
Negro, also the property of Will Minor, as an onlooker en-

° Trial of Slaves in the Inferior Court of Hancock County, 1820-1841; a small,

unmarked volume, Trial of Slaves, 1843-1849. These cases are recorded in a small
volume marked, “Lunatics.”

THE EIGHTEEN-SIX'TIES 697

“Hail Columbia, right side up,

Andrew Johnson’s in the chair,

Swing your knapsack, take the back track,
Sitting Bull is on a tear.”

This number was sung and played to the air of [old the Fort.

It was inevitable that this piece of ground should acquire a distinctive
name. It soon did. Dr. W. C. Connally, local editor of the Intelligencer, desig-
nated the property as “Humbug Square,” an appellation it retained until it
finally disappeared under a block of business buildings.77

One of Atlanta’s best citizens fell a victim to the lawlessness of the times
in late 1865. James R. Crew was born on a farm near Covington, Georgia,
November 5, 1823, and in the middle 1840’s came to Atlanta as an employee
of the Georgia Railroad. Later he became a conductor on this road and, finally,
in 1851, general ticket agent for all the roads entering Atlanta. From mid
1860 through 1862 Mr. Crew served usefully in City Council from the second
ward, his home being on the south side of Mitchell Street between Washington
and McDonough (Capitol Avenue). During September, 1864, he and James
M. Ball served as civilian envoys between Sherman and Hood in the matter
of the eviction of the people of Atlanta. In February, 1850, Mr. Crew had
married Miss Jane Louisa Killian, of Madison, Georgia.*8

On the evening of November 29, 1865, Mr. Crew had come home at six
o'clock, eaten a hurried Supper, and returned to his office, which was in a
temporary wooden building at the corner of Loyd Street (Central Avenue)
and the Georgia Railroad. As he worked on that moonlit November night he
little suspected that a plot was afoot to rob and if necessary murder him. A
few days before, Dennis Harris, a local Negro, together with two companions
from Macon, Henry Brown and Bill, hatched a plot to rob the ticket agent.
On the fatal night they repaired to the car shed, then a temporary wooden
structure, where Dennis entertained the various hotel porters by dancing a jig.
After the trains had departed the three Negroes walked through the car shed
and picked up a heavy iron bar at the nearby turntable.

When Mr. Crew left his office on foot about 9 o'clock, his route home
took him down Loyd to Alabama; thence to Washington, and by the City Hall
to Mitchell, where he turned left. When about twenty-five feet from the resi-
dence of William Solomon,’® where he and his wife were boarding, he having
previously sold his own home next door, Dennis Harris slipped up from behind
and struck him on the head with the iron bar. As he was falling he uttered
two words, “Oh me!” At this juncture Henry Brown ran up and searching
the victim’s pockets, found only a key. Thinking that it was the key to the
ticket office, the robbers returned to the office but failed to gain entry. The
key, it turned out, was to the door of the Central Presbyterian Church, in which
Mr. Crew was deeply interested and his wife a charter member. Some while
later Crew recovered sufficiently to stagger to the gate of the Solomon house
and up the walk, where he fell insensible on the steps. ‘Two days later he died
of a fractured skull, having regained but slight consciousness.

The murdered man was laid to rest at Oakland Cemetery. Sixteen years
later Mrs. Crew became the second wife of Colonel L. P. Grant, whose first
wife had died several years previously. After West View Cemetery was opened
in the 80's, Colonel Grant bought a lot there on Laurel Hill, to which he
moved the bodies of his first wife and Mr. Crew. Grant joined them in 1893,

oars oat

Sassen aint p ADAIR Sade in iis eRe pine ian

Se.

358 ATLANTA AND ITS ENVIRONS

and Brothers and children, and sometimes our Mothers and Sisters in the
ditch with the brute. We would say deliver us from such and give us that
which arises from clear intellects and sober heads, acting as we think we do on
the principles of reason and justice. This is the view of the question we would
present to the County at large . . .”’°°

JONATHAN Norcross, Foreman.

Mr. Norcross and his associates, having exhausted the liquor question in
their presentments, it fell to the lot of the next grand jury to deliver an equally
trenchant blast against crime: :

‘.. . We had hoped the time had arrived when the commission of crime
would be less frequent, but we must say we are disappointed, that notwith-
standing the strong arm of the law, has and is being enforced against all
offenders, that crime still stalks abroad. The perpetration of crime are like
the plagues sent upon Egypt. When one is removed from jail to be hanged
or sent to the penitentiary, there is another ready to step in. Are these things
to continue? Is the County of De Kalb to be pointed at from all parts of the
State and elsewhere as the county famous for the commission of crime?’’*?
JAMES PapEN, Foreman.

It is possible that Mr. Paden and his fellow jurors had in mind the recent
brutal murder of Elisha Tiller by John R. Humphries. It was reported in the
Columbus, Georgia, Tri-Weekly Times and Sentinel for January 29, 1853, in
the following language:

“MfURDER—An awful murder was committed in Atlanta on last Friday
night 21st inst. by John R. Humphries. It seems, from what we have heard
of the case, that Humphries had heard that Elisha Tiller had threatened to
kill him. They met on the above mentioned evening at James Kile’s grocery,
when Humphries asked Tiller if he intended to kill him. He answered that he
did not, nor had he anything against him. Humphries then requested him to
look towards him, and as he turned to look, he shot him with a double bar-
reled shot gun. Tiller was killed so dead as not even to kick after he fell.
Humphries burst the cap of the other barrel at Kile, the grocer, but the gun
missed fire.”

Humphries was a son of Charner Humphries of White Hall. A true bill
charging murder was found against him in April, 1853, but insofar as the
record shows he was never brought to trial.?* Little more than a year later he
was involved, together with his brother Asa and others, in another local
murder.?®

The killing of masters by slaves was by no means common in the ante-
bellum South. It happened only once in De Kalb County and never in Fulton.

William H. Graham of Stone Mountain was a notorious Negro trader
and had the reputation of being a hard master. Frank, one of Graham’s slaves,
had bought his own time and was working at Dr. Thompson’s Atlanta Hotel.
Unfortunately, he got behind in his payments and was ordered home. Fearing
the wrath of his master, who incidentally was blind, he determined upon a
desperate course. It ended in death for the master and the gallows for the
slave.*°

On the clear moonlit night of June 15, 1853, Frank walked from Atlanta
to Stone Mountain via the tracks of the Georgia Railroad. Knowing that

446 ATLANTA AND ITS ENVIRONS

Cobb’s attitude was entirely different from that of Crockett. It was that
of a hardened criminal. Just before he was hanged Sheriff Love tried to have
him see a minister. His reply was, “I don’t want any of that damned sniveling
around me.” Rev. N. H. Bacon made a prayer for him just before the exe-
cution, during the delivery of which he simply bowed his head. This was the
only evidence of penitence that he showed during his trial and execution.
One of the early assignments of Atlanta’s newly organized Gate City Guard was
in connection with Cobb’s execution. It had been rumored that his friends
would make an attempt to rescue him from the sheriff, and the Guard was
on hand as an extra precaution. Cobb’s parents, who resided on Collins
Street near the Georgia Railroad shops were poor, but respectable, his mother
being a member of the church.

Previous to the murder of Landrum there had been a number of high-
way robberies committed in and about Atlanta, in which the slung-shot had
figured. John Cobb confessed, just before he was hanged, that he had started
to organize a band of robbers, and that he had been induced to do so from
reading the life of John A. Murrel.

After the trial of Cobb, the case of Gabriel Jones was taken up. Upon
the advice of counsel and friends he plead guilty with the understanding that
he was to be sentenced to the penitentiary for life. He was so sentenced and
remained in confinement until 1864, when shortly before General Sherman
reached Milledgeville on his march to the sea, the convicts were turned loose
and were enlisted in a company by themselves for service. Jones and quite a
number of other convicts fought bravely in a small skirmish with Federal
soldiers down the Central Railroad, but were dispersed. Jones escaped; left
Georgia, and as late as 1888 was said to be living in the North under an
assumed name and as a christian citizen. His father, Thomas M. Jones, known
as “Commodore” was highly thought of in Atlanta, where he resided for
many years.*?

Almost down to the opening of the War Between the States general edu-
cation in Georgia was regarded as little more than a commodity—to be peddled
around and hawked about by wandering nondescripts, often referred to as
pedagogues. While there were a few good teachers, the regulation of education
was no concern of the state’s. It was largely determined by the laws of com-
petition. Indeed there were many who argued that it was no more the duty
of the state to regulate education than it was to determine the number of
stripes that should go into a yard of calico.*”

During the 1850's, however, continued pressure was building up within the
state for something better than a loosely handled poor school system, augmented
by miscellaneous private schools to which only a small percentage of parents
could afford to send their children.

By 1857 there was so much misunderstanding relative to the existing poor
school laws, resulting in excluded children and unpaid teachers, that a new
law was passed that year. It empowered the ordinary of each county to require
justices of the peace to furnish, by the first of January, a list of poor children
in their respective districts between the ages of six and eightcen. The ordinary
was authorized to use his judgment in determining the justice of the claims
submitted by the teachers, and if there were not enough funds in the treasury,
the claims were to be prorated without regard to date. ‘The commissioner
(ordinary) was to keep account of all receipts and disbursements, to receive
five percent commission on all moneys received and paid out, and to present
his accounts to the grand jury whenever required.**

| INDEX to pertinent pages from ATLANTA AND ITS ENVIRONS, by Franklin M, Garrett;
Athens: Univ. of Ga. Press, 195),

VOLUME I

1) CROWDER, hanged in DeKalb County, Ga., 1831 80=81

2 & 3) CROCKETT, Radford, hanged Atlanta, Ga., 6-18-1858 &
COBB, John, Jr., hanged Atlanta, Gas, 7-8-1859 ll L6
l}) Slave FRANK, hanged in DeKalb County, Ga., 1853 358-359
5) HARRIS, Dennis, black, hanged Irwinton, Ga., late 1866 697-698

VOLUME ITI

General article on hangings in old Fulton Co, Jail 36),-366
FRANKS, Leo, lynching, DeKalb County, on Auge. 16, 1915 © 619-628
DuPRE, Frank B., hanged Atlanta, Gas, Sept. 1, 1922 79h

ee |

my ia oe ili os 1 ak ne ate i all ddl iia aad ts & ’

622 ATLANTA AND ITS ENVIRONS

County, near Griffin, in 1849, son of a well-to-do planter. After graduating
from the old Fayetteville Academy, he read law for a year under Peter
Francisco Smith and later in the law office of Cincinnatus Peeples and John
D. Stewart at Griffin. In 1869 he was admitted to the bar and, in 1870, opened
a law office in Fairburn. For about three years, beginning in 1883, he prac-
ticed in Atlanta with Luther Z. Rosser, as senior partner of the firm of Roan
& Rosser. In 1902, Roan was appointed by Governor Joseph M. Terrell, judge
of the Stone Mountain Circuit, which then included the criminal division of
Fulton Superior Court.®§

The jury was composed of 11 married men and one single man, and in-
cluded one bank teller, one bookkeeper, one real estate agent, one manufacturer,
one contractor, one optician, one railroad claim agent, one mailing clerk, 2 sales-
men and 2 machinists.5°

The present Fulton County courthouse being under construction, the trial
was held across the street in the old Chamber of Commerce Building—City
Hall, on the northeast corner of Pryor and Hunter.

The defense was based upon complete innocence on the part of Leo M.
Frank and absolute guilt on the part of James Conley, the Negro sweeper.
The prosecution, on the other hand, did not attempt to show that Frank laid
his plan to kill Mary Phagan long in advance, but merely to show that he
injured her accidentally or otherwise, and then deliberately tied the cord about
her neck and left her to choke to death so that she might never regain con-
sciousness and tell what he had attempted.

The trial attracted tremendous spectator interest. Said the Journal on
August Ist, anent this feature:

“A court room where a man is on trial for his life is a strange place for
a picnic, yet from 12:30 to 2 o'clock every afternoon the room where the
Frank trial is taking place has all the appearance of the pavilion at Grant
Park on a hot July Saturday.

“The benches are spread with boxes and sacks, sandwiches, chicken, cake,
all the other essentials of a picnic lunch save ice-cold lemonade, are passed
about from man to man, and the noon hour dinner is eaten with as much
good-natured laughter as if there was never such a thing in the world as a
murder trial.

“True, most of the table conversation ‘s of the latest testimony, and if
there are after dinner speeches made they are sure to take a theoretic turn.
But the afternoon session is an aid rather than a hindrance to digestion.

“There are even some people who do not eat. They had rather go
hungry than Icave the court room and lose a coveted seat.

“As a result there is not much chance for any specator who comes to
the trial in the afternoon with the hope of getting in. The benches are never
deserted, and those who come at 7 o’clock in the morning are sure to stick
until 5 in the afternoon.

“Thursday at noon relief came to the hungry ones. A small red-headed
boy slipped by the guard with a big basket on his arm.

“He had hardly gotten inside the courtroom and opened his mouth to
shout ‘sandwiches!’ before the spectators fell upon him.

“In five minutes he was stripped of his load. What matter if he charged
four bits apiece for pieces of mince pic? There was not a purchaser who
kicked. It was worth half a dollar to retain one’s seat and be well fed at the
same time.”

794 ATLANTA AND ITS ENVIRONS

director of the Atlanta National Bank founded by his father, a graduate of the
Yale Law School, pioneer auto devotee and a man of many hobbies—chemistry,
photography and radio; Murray R. Hubbard, tax commissioner, Southern
Railway, and a former Kentucky lawyer; Dr. Moody B. Avary, old-time drug-
gist and a son of pioneer De Kalb County physician James Corbin Avary;
Judge John T. Pendleton, an Atlanta lawyer since 1869 and recently retired
as senior judge of Fulton Superior Court; Andrew Burnham, a member of the
Seventh Georgia Infantry, C.S.A., and a pioncer resident of South Bend Dis-
trict, J. Wan Holt Nash, Jr., Adjutant-General Georgia National Guard, a
native of Norfolk, Virginia, who succeeded his father as southern division man-
ager of the American Book Company, killed in an auto accident near Griffin;
the Rev. Wilbur Fisk Glenn, born in Jefferson, Georgia, served in the Meth-
odist ministry for 55 years, and a resident of Atlanta 40 years, father of
Thomas K., William H., John F. and Walker Glenn; Henry P. Scales, pioneer
wholesale tobacconist; Henry S. Cave, came to Atlanta from Wisconsin, one-
time associate of H: I. Kimball in the operation of the Kimball House, and
Hamilton Douglas, Sr. educator and lawyer, founder, with Hooper Alexander,
of the Atlanta Law School, a native of Alexandria, Virginia.°° _

The last person hanged in Atlanta went to the gallows in the grim old
Fulton County jail at 2:34 P.M., September 1, 1922. He was Frank B. DuPre,
a dapper 19-year-old blacksmith’s son, who turned killer to get a big diamond
ring for his girl friend. ‘The attempt had been made at the Nat Kaiser Jewelry
Company, 3 Peachtree Street, on December 15, 1921. DuPre asked to see an
expensive ring. As he slipped it in his pocket and headed for the door his
way was blocked by Irby GC. Walker, a Pinkerton detective. Snatching an
automatic from his pocket, DuPre shot Walker dead and seriously wounded
City Comptroller B. Graham West, who, emerging from the Peachtree entrance
to the Kimball House, attempted to stop him. Some excellent police and
detective work resulted in DuPre’s capture in Detroit less than a month later.
He was promptly tried in Fulton Superior Court, found guilty and given the
death sentence. A dude to the last, it is recorded that DuPre asked the deputy
sheriff who prepared to slip the death cap over his head to “brush back my
hair.” Atlanta’s last hanging drew a crowd. It was estimated that 5,000 per-
sons gathered in the street outside the jail. And it was said that for some years
after the execution the ghost of Frank DuPre returned periodically to the scene
of his last moments on earth.®7

(1923)

In his inaugural address in January, 1923, incoming Mayor Walter A.
Sims deplored the fact that his administration was forced to assume one of the
largest deficits in the city’s history—a figure just short of $300,000. He referred
to the recent bond issue rather caustically, and said he wished to go on record
as opposed to any additional bond issue until the 1921 issue had been ex-
hausted and every item of expense accounted for.°*

Sims, it will be remembered, ran for mayor in 1922 upon a platform
wherein the police department was a main issue. Indeed, he promised, that if
elected, he would ‘“‘purge the department clean as a hound’s tooth.” When he
took office in January Mayor Sims appointed a police committee of councilmen
known to be in favor of removing Chief Beavers and Assistant Chief A. Lamar
Poole from power. This, the first such police committee under the charter

S66 ATLANTA AND ITS ENVIRONS

“There were some very noted escapes, most prominent of which was, of
course, the escape of Will Myers... .4?

“There was one very noted suicide in the old jail. Milt Malone, who
killed Frank Phillips, was convicted of murder and sentenced to be hanged.
‘This case was stubbornly fought in the courts, but nothing could be done to
save the man from the gallows. Realizing this at last, Malone, who had said
all along that he would never be hanged, took a dose of strychnine the night
before the day for his execution and died about the very hour when he would
have been hanged.

“In making a brief review of the history of the old jail the moonshiners,
who have spent many days bencath its roof, must not be overlooked. Hun-
dreds of the hardy mountaineers of Georgia have sighed for freedom and fresh
air in the old prison while serving sentences for distilling whisky unlawfully by
the light of the moon.

“It is said that once the jailer found two moonshiners making whisky in
a coffee pot, out of the corn bread they had been given to eat. It was good
whisky and would make the drunk come quick and furiously, so a guard
stated who sampled it.

“Three moonshiners attempted to escape about a year ago by cutting a
hole in the flooring to an annex to the jail. The hole was under the sheet of
zinc which protected the floor from the heat of the stove. They were caught
as they were crawling under the house.

‘Asberry Gentry, a famous Georgia moonshiner and outlaw, escaped from
the jail and was never recaptured. ‘Dutch Joe,’ a counterfeiter, who escaped
with him was rearrested only a few months ago and sent to the penitentiary
at Columbus... .

“The following have acted as jailer and have presided over the destiny
of the old jail: W. A. Bonnell, John Wise, Seab Ozburn, Crandall Poole, John
Mardis and William Maddox.

‘Maddox is the jailer at present, and he will move the prisoners into the
new jail and take charge of that building.

“Just what will be done with the old jail building is not known, but it is
believed it will be torn down and the lot divided up and sold to private citizens
by the county commissioners.

“So, after a service of 27 years, the old jail of Fulton County will pass

away with its memories of crime and tears, murder and death, sorrow and
despair.”

The Mitchell Street viaduct, begun in 1898, was completed in the spring
of “99, and represented a long-needed improvement. Indeed the west. side
people had for some time pleaded for a way to reach the center of the city
that was not fraught with the dangers of a gerade crossing. ‘The Southern and
Central of Georgia railway companies conthoged $40,000 toward the cost of
the bridge, the remainder being paid by the city.‘

As the outgrowth of a feeling by Atlanta Presbyterians that there should
be a strong church of that denomination on Atlanta’s north side, the North
Avenue Presbyterian Church was organized on December 4, 1898, by 100
members from the First Church, 15 from the Central Raich. and one from
the First Church of Athens, Georgia.

The organization of this church was suggested by Dr. FE. H. Barnett,
pastor of the First, and Dr. G. B. Strickler, pastor of the Central Church.

52 J. G. Jounson

concerning the captive. Stopping at Tolomato, he seized a
native, who said the priest was still alive, and agreed after
much coaxing to take a letter to him.

When the messenger returned, he brought with him sev-
eral caciques, who promised to give up the missionary in return
for certain Indian boys, sons of some of the chiefs, who were at
that time held as hostages in St. Augustine. Ecija promised
to return with the boys, as well as a quantity of hatchets and
spades demanded by the Indians, within thirty days. Return-
ing in fifteen days to Tolomato, he heaped gifts upon the
chiefs, but they had undergone a change of mind and refused
to give up the prisoner. Whereupon the lieutenant became
angry, threatened to send for three hundred soldiers, and fol-
low them to Tama.“ Awed by these threats, the savages sur-
rendered Father Davilla.”

Ecija now returned to St. Augustine, taking with him
Father Davilla and seven Indians whom he had captured and
whom he suspected of complicity in the murder of the Fran-
ciscans.*4_ It now became known that the captive priest had
been forced to carry water and wood and guard the fields of
his captors.*? They turned him over to the boys to shoot at
with arrows and, tiring of his patience, finally decided to burn
him at the stake. When he had been tied and the fire built before
him, they offered to spare him if he would renounce his re-
ligion and acknowledge the gods of the Indians. This offer
he refused, and rebuked them for their presumption.2$

“The Indians marvelled at the courage of their prisoner.
One of the principal native women, whose son was a prisoner
at St. Augustine, was moved to speak in his behalf, hoping to

_save the priest and exchange him for her son. On account
of the prominence of this woman her request was granted. His

19—The region bordering on the Altamaha River.

20—Report of Governor Canco in Brooks, Unwritten History of old
St. Augustine, p. 37.

2I—Ibid., p. 38.

22—Barcia, Ensayo chronologico, year 1598, p. 172.

23—Torquemada, Monarchia Indiana, iii, 354.

THe YAMASSEE REVOLT 53

captors now attempted to make restitution to the Franciscan
by offering an Indian girl as a wife, but this offer was also
spurned.”

When the rescue party reached St. Augustine the governor
requested the custodian of the Convent of St. Irancis, Father
Marron, to permit Father Davilla to testify in the pending
investigation. The custodian gave his consent, but Father
Davilla refused to do so, saying that it was prohibited him by
the canons of the priesthood. He maintained that the test'mony
of the seven captive Indians brought to the capital by Ecija
would be sufficient to establish upon whom the responsibility
for the crimes should rest.”

One of the prisoners was now brought before the governor,

- and, upon being questioned through an interpreter, replied

that his name was Lucas ; that he came from Torpiqui, and that
his father was cacique there; that he was a Christian; that he
had been present when Father Rodriguez was killed; that the
father was killed because he forbade witchcraft and a plurality
of wives; that he was not present when the other missionaries

_were killed.”é

Upon questioning the other prisoners, it became evident
in the minds of the officials that Lucas was one of the leaders
in the revolt. He’was therefore condemned to death for hav-
ing been present and having participated in the death of
Father Rodriguez. Proceedings against the other six Indians
were postponed, as they were all boys under age.” Thus ended
an affair that threatened for a time the very existence of the
Spanish settlements throughout the provinces of Florida.

24—Ibid., p. 353. ; :

25—Report of Governor Canco in Brooks, Unwritten History of old St.
Augustine, p. 40. : :

rat ea of Governor Canco in Brooks, Unwritten History of old St.

Augustine, pp. 40-42.

27—Ibid., p. 47.

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Co., for the murder of her master.
1763-A man hanged for horse stealing Augusta.

3-28-1763-A slave of John Milledge murdered his overseer Alexander
Crawford at Little Ogeechee.

7-7-1763-Slave and free female black arrested Savannah for poi-
soning Mrs. LaRoche.

4-18-1765-Female slave committed to jail, Savannah, on suspicion of
child murder.

1767-A number of criminals in a gang captured by authorities and
“out: to death.>

1774-Two slaves in St. Andrews Parish burned alive for insurrection
and murder.

9-3-1779-BENNEFIELD, John, to be hanged, Washington.

9-6-1779-WILDER, Dread, RIALS, Joshua, YARBOROUGH, Clement, DOWNEY,
Edmond, WATKINS, John, CRUTCHFIELD, William, and YOUNG, John,
all to be hanged, Washington.

8 or 9- -1791, BILLY, slave of Thomas Stone possibly hanged.

4-6-1792-Jonathan Baker, Liberty Co. planter, murdered. Poss.

7-2-1792-WILL, slave of Philip Alston, tried Washington Co. for the
murder of his master.

1794-1795-ALLEN, Beverly, possibly hanged.

7-2-1796-Slaves of Benjamin Kitchen tried Washington Co. for the
murder of William Tollerton.

1797-ABRAM and FRANK, slaves possibly hanged Camden Co. Burglary.

2-15-1797-Slaves murdered William Rae, Screven Co.

2-15-1797-Slaves murdered their master, Hergen Herson in Screven
Co. (Note: because of same date and location on this and the
preceding, this may have been a mini-insurrection).

1797-Four men condemned in Greene or Hancock Co. for forgery.

1802-A man sentenced to death for horse stealing, Clarke Co. Same
article later states 2 men hanged in county for this crime.

1- -1805-SMITH, William to be hanged for murder of Thomas Weeks,
McIntosh Co.

1- -1805-NEAL, Marcurcine, to be hanged, McIntosh Co. for
ravishment.

8-31-1808-HARRISON, Clem K., to be hanged, Columbia Co.
3-3-1811-Two slaves murdered Thomas Lee in Greene Co.

8- -1814-Runaway slaves murdered Mr. and Mrs. Ezekiel Alexander
of Columbia Co.

5-21-1819-HAMILTON, slave of Thos. Quizenberry and JOHN, slave of
Gabriel Clarke, to be hanged for insurgency. Augusta.

9-9-1820-Female slave poisoned and killed Mrs. Jane Reynolds, Burke
Co.

1820-1821-Slave murdered master, Brown Liverman, Early Co. and was
supposed to have been hanged.

7- -1822-WRAY, David to be hanged Augusta for murder of his
mother-in-law, Mrs. Thomas.

1823-TRAMMELL, Woodward, to be hanged, Wilkes Co., for murder of
his sister.

6- -1823-FITZGERALD, William to be hanged Henry Co. for wife
murder.

5-23-1823-BURRELL, slave, sentenced to hang in Camden Co. for the
murder of Mr. Gillett.

11-7-1823-WILLIAMS, John M., to be hanged Jones Co. for wife
murder.

11-17-1824-HALL, Thomas Franklin, white, under death sentence in
Savannah for murder of a slave owned by John P. Williamson.

Cir. 1826-WINN, Jack, hanged Gwinnett Co.

8-8-1826-Macon paper reports murder of Woodward in Twiggs Co.
by two of his slaves.

4-30-1827-HARRY, slave, to be hanged Savannah for murder of L. H.
Feay.

6-29-1827-PRINCE, slave, to be hanged Savannah for murder of slave
Judy.

Cir. 1830's-A white man named Harris hanged Carroll Co. for murder
Cir. 1830's-ELLICK, slave hanged Gwinnett Co. for murder of master.

1-25-1830-POWELL, Allen B., murdered Major John F. Floyd, Darien.

Homer Lee Short —- Marion County —- March 2, 1934

}
a 4 Not found in the Columbus Enquirer.

Frank Johnson - Johnson County - October 4, 1934

Sentenced in Washington County ‘according to the story) for
killing ’Mr. John Walker”, a Washington County convict guard who
was undoubtedly white. An interesting note: a story in this same
paper ‘(I neglected to write the citation) mentioned that the
sheriff's office in Washington County reported 13 murders in the
county in "the last two years”. All thirteen offenders were
black, eleven victims were black, two were white. By contemporary
standards this would be alot of murders!

Sandersville (GA) Progress, 10/4/34:1-2

GEORGIA - UNCONFIRMED AND POSSIBILITIES.

BALDWIN COUNTY-The following slaves were supposed to have been
hanged in Milledgeville between 1812 and 1826: (1) John,
slave of Wm. McGehee, for rape of Suzanna Cobb; (2)A slave
of John A. Jones for arson of a ginhouse and some cotton;
(3) A slave of Andrew Elliott for attempt to murder and
to rape Lillie Lankford; (4) Dave, owner unknown, for
attempt to murder a white man; (5) A slave of Israel
Jordan for attacking a white man with a stick; (6) George,
slave of John Ponder, for theft.

DECATUR COUNTY-1/19/1900 article on Denson execution says this
7th execution under Sheriff Patterson.

GORDON COUNTY-Nwewspaper article, 1933, states four legal exe-
cutions between 1851 and 1933.

GWINNETT COUNTY-Newspaper article on hanging of Strickland, 8/1912
states 4th black hanged in 4 years. Show only Campbell, 1908.

HOUSTON COUNTY-Article states 12 slaves executed for various crimes
murder, rape, arson and 3 for assault to kill.

JACKSON COUNTY-The first execution was supposed to have been James
Goode and this would be prior to 1835.

MACON COUNTY-Newspaper article on hanging of Banks, 1892, states
this 15th hanging in co., last being 20 years earlier.

WEBSTER COUNTY-News areticle, 1873, states there had been three
other executions in county since 1854.

Ante-bellum: Female slave, owned by Gross, hanged Dade Co.
for murder of her own child. Supposedly lst execution in co.

Ante-bellum: Female slave hanged in Macon Co. for poison-murder of
a child of her master's family.

Ante-Bellum: Pocketbook and Cush, Indians, hanged Lafayette, for
robbery-murder of Burk and wife.

~ Ante-Bellum: Slave of James McGowan hanged Columbus for murder of

master prior to 1854.

Late 1700's-Female slave of John Mills hanged , possibly Wilkes

11-21-1890-MOORE, Henry, black, Jessup. Murder of unknown peddler,
white.

12-5-1890-WATSON, Lewis, black, sawmill laborer, Isabella. Murder
of Jack Curry, black.

1-15-1891-REEVES, Charles, black, Darien. Murder of Theo Gronwald,
white.

5-22-1891-CHAMBERS, Benjamin, black, turpentine laborer, Waycross.
Murder of Sam Strother, black.

11-20-1891-BLASCH, William, black, Montgomery Co. Murder of
Bowen.

5-20-1892-SMITH, Seaborn, white, road overseer, Covington. Rape
of Lelia Akins, black school teacher.

6-30-1892-BANKS, Edward, Montezuma. Murder of Will Belvin.

8-26-1892-GREEN, Edmond, white, Blue Ridge. Murder of William
O'Keener, white.

10-31-1892-CONEY, Orrin, black, Vienna. Murder of another black.

4-29-1893-SMITH, Nathan, black, Knoxville. Murder of Randall Bell
and Dow Walker, blacks.

5-26-1893-NUTTING, Nick, black, Mt. Vernon. Murder of 5-year-old
girl, black.

6-29-1893-RACKEN, Sumner, black, Waynesboro. Murder of Captain
Frank Francis, white.

7-1-1893-LAMAR, James, black, railroad laborer, Darien. Murder of
Archie Bird, black, gambling argument.

1-31-1895-STEVENS, Harrison, black, Dawson. Murder of J. G. Wells,
white.

2-8-1895-MURRAY, Will, black, road laborer, Americus. Murder of
overseer Will Sims, white.

4-5-1895-GATES, Richard, black, LaGrange. Murder of Lee Sledge,
black.

4-5-1895-JEFFRIES, Lamar, black, Quitman. Murder of Constable
Maudlin, white.

10-25-1895-McCRARY, George, Greenville. Murder of Billy Mills.

1-10-1896-JACKSON, John, black, Cuthbert. Murder of George
Rawson, black.

NEW GEORGIA.

11-11-1740-MANZIQUE, Joseph Anthony, white, Savannah. Murder of
two trust servants, white.

11-11-1740-SHANNON, William, white, Savannah. Murder of two
trust servants, white.

6-5-1765-BON, black, slave of Peter Nephew, Little Ogechee.
Murder of another slave, black.

7-31-1767-HURST, Lundy, white, Savannah. Horse-stealing.

6-9-1787-LEWIS, black, runaway slave of Oliver Baker, Savannah.
Insurrection (murder and robbery.)

12- -1787-JONES, John, white, Sunbury. Robbery.
2-27-1791-MEREDITH, James, white, Elbert Co. Murder.

2-1-1794- , black, slave of , Savannah. Murder
of John Hix, white.

6-11-1794-BIRD, black, freedman, Augusta. Horse-stealing.

9-26-1806-CASEY, Robert, white, soldier, Hillsboro. Murder of
man, white.

9-26-1806-MONROE, Isaac, white, soldier, Hillsboro. Murder of
man, white.

9-26-1806-PARE, Barney, white, soldier, Hillsboro. Murder of man,

white.
5- -1807-LOVE, William, white, Augusta. Murder of David Whitte-
more, white. '
1810-1811-BILLY, black, slave of Captain King. Insurrec-
tion.

2-19-1816-NIXON, es, white, 25, DY ee om Oh
FSIS SF CAs Tephue ust, Meetic ol lo. Werk lot
182 ELLS, Thomas, white, planter, 0 ie tae, 7 Murd Uh fe)

Peter Perry, white.

8-26-1820-DICK, black, slave of Trawick, Sparta. Burglary.

11-4-1881-BETTS, Tom, black, 26, Jonesboro. Robbery-murder of
H. J. Moore, white.

11-11-1881-HARRIS, Joe, black, convict, Greensboro. Murder of
guard, Ezekiel Langston, white.

12-8-1882-CONYERS, Edward, black, 24, turpentine worker, Swains-
boro. Murder of Northern Pierce, black.

1-15-1884-WADE, Peter, Dublin. Murder of William Quinn.
4-4-1884-ROLAND, Andrew, Murray Co. Murder of Aleck Watkins.

6-20-1884-PAYTON, Reuben, black, 24, sawmill worker, Brunswick.
Murder of Will Russell, black.

7-1-1884-LOWERY, Fletcher, black, 28, turpentine worker, Baxley.
Murder of James Brummage, black.

11-7-1884-PERRY, Homer, black, 15, Covington. Rape of 7-year-old
black girl.

4-17-1885-JOHNSON, Peter, black, Camilla. Murder of Stephen Godwin
and Richard & Malinda Gregory.

4-17-1885-KEATON, Moses, black, Camilla. Murder of Stephen Godwin
and Richard & Malinda Gregory.

3-26-1886-DRAKE, John, black, 21, barber, Thomaston. Wife murder.
5-30-1L888-WEAVER, Henry, black, Blakley. Murder of Miles West.
1889-BLOUNT, Frank, black, Valdosta. Murder of man, black.

6-14-1889-DIBBELL, William, black, Thomasville. Murder of Walter
Long, black.

6-14-1889-PICKETT, John, black, 18, farm laborer, Leesburg. Mur-
der of employer and his wife, blacks.

1-3-1890-BALL, Philmore, black, Louisville. Murder of L. Evans,
white.

2-13-1890-BUTTS, James, black, gambler, Perry. Robbery-murder of
Capt. William Miller, white.

2-13-1890-JOHNSON, Edward, black, gambler, Perry. Robbery-murder
of Capt. William Miller, white.

10-17-1890-MORRISON, Ed, black, railroad laborer, Danielsville.
Murder of Henry Hunton, white.

11-7-1890-BETHEA, William, black, Wrightsville. Murder of lumber
inspector Raiford, white.

278 PLANTATION SLAVERY IN GEORGIA

Nigger run, the patter-rollers git you,” was not taken lightly
by the black population. i
/ Nevertheless, the patrol laws were poo’, ay “exiforced, and the
\ newspaper items and grand jury presentments are legion on
this point. In 1822 the Grand Jury of the Wilkes County
Superior Court deplored the fact that the laws were not en-
forced, giving as the reason the indulgence of the slave-
owners.®? In 1849 a similar body in Houston County scored
the lack of enforcement in the town of Perry, where the
“streets and corners of the village are thronged at all hours
from Saturday night until Monday morning with Negroes.”**
The correction of slaves by the patrol sometimes had dis-
astrous results.. In 1858, while patrolling a camp-meeting in
search of spirits, Bagby, a white man, caught Jacob, a slave.
In the scuffle that ensued, Bagby was badly cut and later died.
Jacob was convicted of murder and hung.** In brawls of this
sort masters were apt to assume the rdle of defender of the
slave. In 1831 a case was tried before the town commissioners
of Milledgeville. Edward Cary was ordered to bring before
the board his slave Nathan, who was charged with assault
upon Richard Mayhorn, a member of the town patrol, and
show why punishment should not be inflicted. Cary appeared,
but without Nathan, making a countercharge supported by
testimony that Mayhorn had exceeded his authority under the
patrol ordinance. The case was dropped and Mayhorn dis-
missed from the employ of the town. In like manner, Hubbard
assaulted Billy Woodruff, property of Seaborn Jones, and was
haled into court. According to the sworn testimony of Billy,
Hubbard, a Negro, had come to the entrance of his black-
smith’s shop and assaulted him with a rock. It was revealed
during the trial that Billy had taken Hubbard’s wife from him.
Upon the conclusion of the testimony Wiggins, the master, or
© Records of Wilkes County, “Minutes of the Superior Court, 1822-1823,"
July Term, 1822.
% Records of Houston County,

April Term, 1849.
& Records of Bibb County,

“Minutes of the Superior Court, 1849-1851,”

“Minutes of the Superior Court,” Vol. 9, 137.

A a RL

ae 3 ee

CRIME AND PUNISHMENT 279

master’s lawyer, addressed the commissioners in a speech “con-
taining some lengthy, strengthy, and depthy argument; where-
upon the board ordered that the Negro man Hubbard receive
from the marshall ten lashes, moderately laid on, and be
discharged.”*°

276 PLANTATION SLAVERY IN GEORGIA

originator of the plot. One of the Negroes dropped a hint to
his master about the insurrection, and aftys careful investiga-
tion several Negroes were whipped, anc’: the tinsmith was
hung.”® Very few of the Negroes knew the definite time of
the intended revolt. About the same time a plot was dis-
covered in Habersham County, where a white man had been
reading incendiary pamphlets to the Negroes. The Negroes
involved were severely whipped, and the white man was given
five hours to leave the state.7* Even as late as 1864 came news
of an intended revolt in Brooks County.”®

Just how seriously all this was taken by the public at large
it is impossible to say. Despite the warnings of the press and
the presentments of grand juries, the patrol system continued
to be neglected; despite the opposition to Negroes hiring their
time, they continued to do so; and despite the stringency of the
penalties of the laws, they continued to be violated.

In order to control and discipline slaves and free Negroes,
the patrol system was organized in 1757,"° and with little
modification continued throughout the ante-bellum period.
Slaves found abroad at night without a ticket from their mas-
ters were liable to seizure and “moderate correction” not ex-
ceeding twenty-five lashes. Assemblies of Negroes were to be
closely supervised, and dispersed if illegal. _

Because of the number of slaves hired out in the towns, and
the presence of the free Negro class, town ordinances were
passed to supplement the state code. For example, the ordi-
nances of the town of Washington, Wilkes County, required
that every white male citizen between the ages of sixteen and
forty-five who had resided within the corporate limits of the
town ten days was subject to patrol duty. The list of eligible
citizens was divided into fourteen sections, each with its cap-
tain, whose period of service was to be the same each week.

8 Macon Telegraph, Nov. 9, 1860. See also issue of Nov. 15, which corrected
the exaggerated statements of the former. The editor expressed his hope that
Judge “Lynch” would sit on the cases.

™* Macon Telegraph, Nov. 21, 1860.

5 Ibid., Aug. 26, 1864.

®C.R. XVII, 225 ff.

CRIME AND PUNISHMENT 277

Members of the patrol were empowered to enter peaceably,
“any private enclosure, and to search any Negro house, but
commit no violence, except in the moderate punishment of
persons of color.” The town and corporate limits were to be
patrolled from the hour of nine in the evening until dawn.”
. In 1828 the city of Macon adopted an ordinance requiring
all persons within the city limits to do patrol duty. Two
squads of six men each were to police the town; failure to meet
this duty called for a fine of three dollars from the individual
member, and a ten-dollar fine from the commander refusing
to summon the men.7° It was the duty of the town marshal
to notify each captain of the squads at least three days before
the hour of duty, and each captain was to give his men one
day’s notice.”® Similar procedure was observed in other
towns.*°

That the better citizens of a community avoided patrol duty
is evidenced by the records. Robert Toombs, for example, paid
a fine regularly over a period of years, absolutely refusing to
serve, while among the defaulters listed in the court records of
Wilkes County appear the names of the leading citizens. More-
over, the appointment of young, inexperienced men aided in
defeating the purpose of the law. A Houston County Grand
Jury asked in 1853 that the Justice of the Peace, whose power it

~ was to appoint the captains of the patrol, “in all cases to ap-

point men of experience and discretion . . . as it is frequently
the case that those appointments are given to inexperienced
young men who defeat the very object of their appointment
under the law.”S! The inference is, of course, that the young
men of the community were inclined to deal somewhat harshly
with the slaves seized, and doubtless the admonition, “Run

™ Town Records of Washington, Gu., 1830.

"8 Charter and Ordinances of the City of Macon, 1828, 9-10.

Tbid., 1831, 9.

© See A Digest of all the Ordinances of the City of Savannah and Vartous
Laws of the State of Georgia Relative to said City; Burke, Reminiscences of
Georgia, 17, 18, 194; Acts of the Georgia Assembly.

1 Records of Houston County, “Minutes of the Superior Court, 1851-1854,”
April Term, 1853.

ogee

2
270 PLANTATION SLAVERY IN GEORGIA

band.”** Charles Manigault lost one of his slaves in this man-
ner. The slave London had been brought up for punishment
by the driver, but was allowed to run before it was admin-
istered. In the presence of several Negroes he drowned himself
in the river.*” In 1860 the slave John, property of Samuel
Griswold, who had been sentenced to be branded and im-
prisoned by the court for striking and stabbing a white man,
tied a piece of cloth around his neck and hung himself over
the hinge of the jail door.*?

It can hardly be denied that Negroes have a comparatively
low standard of morals, and any discussion of the violations
of the moral code, from the standpoint of the whites, is apt to
be colored by the conception of the latter-mentioned race.
There can be no question but that miscegenation has declined
during the post-bellum period,** and emancipation, with the
race problem, has been a contributing factor toward preserving
the purity of the white race. A traveller wrote in the forties
that “Licentiousness is at its highest tide among the slaves of
the South. Amalgamation, adultery, fornication, and incest,
exist to a deplorable extent. There are no restraints whatever
upon these crimes; and I have never heard of their even being
reproved for the commission of them. The female slave has
no inducement to be chaste—nay, she can have but a very dim
and imperfect idea of what female purity is; for she has been
accustomed to see a promiscuous cohabitation indulged in; and
her person is the only means by which she can gain favours,
purchase presents, or buy indulgences of any kind. . . . To be
the favorite of her master, his son, the overseer, or any white
man—or even to be the mistress of the driver, is an honor; and
for one so fortunate as she is considered, occupies a post of
distinction and preferment.”*® While the discomforts of a
Milledgeville jail may have discolored his view, there is much

“ Macon Telegraph, March 7, 1829.

* Plantation and Frontier, U, 94.

8 Columbus Daily Sun, May 1, 1860.

“Statistics compiled by Dr. Frederick L. Hoffman, of the Prudential Life
Insurance Co., Newark, N. J., and used through their courtesy.

“Paine, Six Years in a Georgia Prison, 152.

CRIME AND PUNISHMENT 271

truth in the statement of Paine. The English traveller, Buck- |
ingham, stated that in no place he had visited in the United )
States did he find as much immorality and depravity among
the slave population as he did in Athens.*® That masters
encouraged their slaves to bear children by bestowing especial
favors and gifts needs no substantiation; the records abound
with evidence. Data upon concubinage are more difficult to
find, but certainly it did exist.*7 Private immorality is not a
subject for individuals to note in journals and diaries.

So obnoxious did these violations become that the follow-
ing editorial appeared in a Columbus newspaper in 1859:**
“Our city is too infested with many trifling, idling, vagabond
Negro men and women, who will not work for a living, but
who resort to gambling, stealing, and prostitution for a living.
The worst feature in this is the fact that persons owning houses
will rent them to such Negroes, while other white men are
found who will cheerfully act as guardians for them... . In
certain localities of our city, white men and women are forced
from necessity to live next door neighbors to prostitute Negro
wenches and negro families who hire their time.” The mar-
shals were urged to put a stop to this. In 1858 Nedham Mims,
a white man, was brought before the Superior Court of Bibb
County and charged with adultery with a Negro wench
named Harriett, his own slave, but was found “not guilty.”*®
A free white woman, Jane Whitier, was accused of fornication
with a man slave in 1863, but was acquitted.°° The American
Republican gave a prominent place in its columns to the item
of news that a Negro girl, aged twelve, the property of S. K.
Taylor, had given birth to “a well developed fine looking
child.”**

David Dickson was as unusual in his marital relations as he
was successful in the planting industry. According to one of

The Slave States of America, Il, 87.

“Felton, Country Life in Georgia, 79; Paine, op. cit., 24-25.

Columbus Weekly Sun, Aug. 2, 1859.

“ Records of Bibb County, “Minutes of the Superior Court,” Vol. 12, 378.
8 Tbid., Vol. 10, 492, 544.

5 Quoted in the*Columbus Daily Sun, Aug. 9, 1859.

272 PLANTATION SLAVERY IN GEORGIA

his close friends,®°? while a young man he became attached to
a mulatto girl, about his age, who was a waiting maid in his
father’s house. Falling heir to this slave upon the death of his
father, Dickson lived with her as man with wife, becoming the
father of several mulatto children. So open was Dickson in
this respect that he was banned from polite society. Upon his
death in 1885 he left his entire estate, some half million dollars,
to his concubine, who bore his name, Amanda A. Dickson.**
f While the number of capital crimes committed by slaves
was relatively small, the volume of misdemeanors and petty
crimes bulked large. Out of six replies from slaveowners to a
circular letter sent out by Judge Ebenezer Starnes, all reported
cases of petty larceny among their slaves, or thefts from their
masters.°* In the towns, especially, the failure on the part of
the white population to obey the laws relative to trading with
slaves, or selling them spirituous liquors, kept the dockets well-
filled, and afforded an annual grievance to grand jurors. The
court records and newspapers were filled with complaints of
this nature. For example, in 1828, the presentments of the
Grand Jury of Bibb County read as follows:°° “On the subject
of improperly trading with slaves, we present as a grievance
the consequences resulting from promiscuous dealing with per-
sons of that description. The corruption of the morals of this
numerous class of our population is an evil most earnestly to
be deprecated, as prejudicial, not only to the interest of our
property, but also to our peace and quietude, and perhaps in
no manner is this evil so much increased as by the countenance
given by our white population to this illicit trading. The
Subordination which is essential to the well-being of society 1s
relaxed; the property of the master is in a continual state of
insecurity, and the character and worth of the slaves materially
impaired.” A decade later a Grand Jury was again scoring

Mir. B. N. Jewell, of Jewell, Ga.

3 Tshmaelite Times and Planter (Sparta, Ga.), March 4, 1885; Records of
_ Hancock County, “Wills,” Vol. 1, 454.

Starnes, The Slaveholder Abroad, appendix.

5 Records of Bibb County, “Minutes of the Superior Court,” Vol. O, 359-

Also see p. 75.

mid

epvabere: A tng gp ea A RN SNE vege nt Te eee ~~ arnt eneen

CRIME AND PUNISHMENT 273

the “flagrant violations . . . daily committed by retailors in
selling liquor to slaves.” Positive evidence was lacking, but
the crowds of slaves visiting and surrounding such places, and
the number of intoxicated was ample evidence of guilt, they
held.®® As late as 1860 the Grand Jury of Chatham County
suggested that the legislature pass an act making the penalty
for selling liquor or intoxicating drinks to slaves and free
persons of color punishable by “nothing less than confinement
in the Penitentiary,” and that rewards be offered for convicting
testimony.”*

As noted above in 1837 Billy, a slave, was sentenced to re-
ceive twenty-five lashes on his bare back for buying fowls from
a free Negro in Washington.’* In Houston County, in 1856,
Reuben Warren, a white man, was fined the sum of five dollars
for buying foot and bed mats from Shad, the slave of John T.
Cooper,®® while Marcus King was forced to pay a similar fine
for purchasing a shoat from a slave without his master’s per-
mission.©° In 1860 a white man, James Hardy, was fined five
dollars for playing “seven up” with a slave.°* Many were the
cases of this nature on the county court records.

While the news of murders, assaults, poisoning, and rape
was likely to cause uneasiness in the localities in which the
crime occurred, it was the news of concerted action, insurrec-
tion, or the mere mention thereof, that caused universal alarm.
This uneasiness explains much of the legislation against free
Negroes and the harshness of the slave code. The upheaval in
San Domingo, the Denmark Vesey insurrection, the Southamp-
ton insurrection—all served to increase suspicion and to tighten
the laws. In the early colonial period runaway slaves from
South Carolina had murdered and burned in the province of
Georgia.*? In 1797 a Screven County planter, who had

Thid., Vol. 1%, 465.

5 Columbus Daily Sun, Feb. 3, 1860. 5 Town Records of Washington, Ga.

Records of Hotston County, “Minutes of the Superior Court, 1854-1856
State vs Reuben Warren.

7bid., 1858-1867. State vs James Hardy.
® Jones, History of Georgia, I, 298-300.

»
’

DR Le NEO Bee = BOT ee A eee pe Sag gc

274 PLANTATION SLAVERY IN GEORGIA

recently purchased several Africans fresh from their native
land, was set upon and murdered, and only through the loyalty
of two other slaves did his wife escape.**

Throughout the ante-bellum period the scare persisted
although no serious trouble occurred. In 1810 the governor in
a message to the legislature stated that information had been
received “from a source so respectable as to admit but little
doubt of the existence of a plan of an insurrection being
formed among our domesticks and particularly in Greene
County,” to take place on the following April 22.°* The
citizens of the county were advised to take all necessary pre-
cautions, and those of other counties to maintain careful watch
over their slaves.

Hard upon the heels of the discovery of incendiary pam-
phlets at Milledgeville, the capital of the state, came the rumor,
on October 4, 1831, that a number of slaves had risen some few
miles distant, and were marching upon the town to seize the
state arsenal and its weapons. Four Negroes were seized
within the town on the suspicion of conspiracy, but discharged
for lack of evidence. The panic soon passed, and no blood was
spilled.** Two weeks later six Negroes were seized at Dublin,
Laurens County, for endeavoring to excite the Negroes of that
community to insurrection, and four were executed.°° Four
years later a plot was revealed, by an old servant, for a general
uprising of all the slaves on the coast near the Florida line.
Lumbermen from Maine engaged in cutting live-oak for ship-
building were said to have instigated the plot.°* In 1835 the
mayor of Savannah investigated the rumor that incendiary lit-
erature was being circulated in that town, that slaves were
being kidnapped, and that an insurrection was imminent, but

® Columbian Museum and Savannah Advertiser, Feb. 24, 1797, as cited by
Phillips, American Negro Slavery, 463-464.

® Minutes of the Executive Department, Nov. 1809-Dec. 1810, 111.

® Federal Union, Aug. 7, 1831; Annual Report of the American Historical
Association, 1904, I, 469-470. Cited also in Phillips, American Negro Slavery,
482-483.

%® Macon Telegraph, Oct. 22, 1831.

* Burke, Reminiscences of Georgia, 156-157.

‘ CRIME AND PUNISHMENT 275

he only found a few pamphlets that had been seized by the
post office.** During the same period a New England aboll-
tionist, Kitchel by name, opened a school in Tarversville,
Twiggs County, with the intention of inciting the slaves to
revolt. A slave belonging to General H. H. Tarver, a prom-
inent planter of the county, betrayed the plan, and Kitchel was
driven from the village.*°

After five or six years of comparative quiet a contemplated
revolt was discovered in Augusta in February, 1841. Several
Negroes were arrested, and at least one of them was executed.
A petition was circulated for respite as an inducement to con-
fession, but a counter-petition from other citizens requesting
that the law be allowed to take its course counteracted the
former and nothing was learned definitely. It had been
planned to seize the arsenal and burn the city, as well as to
massacre the citizens.7° A suspected insurrection in Atlanta
in 185r led to a careful investigation and the arrest of some
nine Negroes, but no concrete evidence was found."

In the late fifties rumors again filled the people with un-
easiness. Editorial notes of warning appeared, urging the
authorities to do their duty, and all citizens to go armed.”
Gatherings of Negroes were to be closely watched, especially
at nights and on holidays. Uprisings during the Christmas
season were feared. Such events served to keep the public
sensitive on the point, and to render their hatred of Northern
abolitionists more bitter.

Probably the most serious plot of this nature was discovered
in November, 1860, when the Negroes at Hickory Grove and
the vicinity, in Crawford County, planned an uprising. It was
their plan to take advantage of the absence of the men on Tues-
day, November 8, when they went to Knoxville, the county
seat, to vote. A Northern tinsmith seems to have been the

8 Records of Savannah, “Minutes of the Council, 1834-1836,” 195.

™ Phillips, American Negro Slavery, 486-487.

™ Albany Patriot, Dec. 25, 1856; Federal Union, Dec. 23, 1856

7 Pioneer Citizens’ History of Atlanta, 36.

= oes mere ones: ce nace eee aed the ntethante Mieicaeaens One coche eeaananoadedadl eel ot . m
~ — a Renae aa catenins en SR ee ee ee yer

SENT ETT Ie iF FaTF

me on RPES See

A Chronicle of Its People

and Kvents

By
FRANKLIN M. GARRETT

VOLUME II

University of Georgia Press
Athens

THE EIGHTEEN-NINETIES 365

“The next victim of the gallows furnished by the old
called ‘Orange,’ who killed another negro,

“The third victim was Amos Purifoy, a negro, who killed
chant named Casey.

“The fourth was George Washington, wh
Oliver, on Fraser Street, with a Winchester.

“Then came the hanging of Charley Ozburn who shot to death John
Bradley, a grocer, about a bill of a few dollars. On the day of the shooting,
and shortly after he was arrested, Ozburn remarked to a friend:

Jail was a negro
a white mer-

o shot another negro named

eath on the gallows

gave it to him. The most strenuous efforts were made to save Ozburn’s life

and while in jail he became almost a babbling idiot.

“Peter Daniel, a negro, came next. Daniel killed
Harris Street because he was jealous of another man. An
get him pardoned, but it failed.

“The seventh man hanged at the old jail was Arthur Hanye, a young
white man, who killed Wil] Spinks in a fight by stabbing him in the temple.

“The eighth and last man was Tom Cyrus, who shot and killed Annie
Johnson last summer. . ae

a negro woman on
effort was made to

also once confined Samuel Fleming, the most noted bigamist ever arrested in
Atlanta, who was a blind counterfeiter and had had more than a dozen wives.
George Vanderbilt, one of the black sheep in the wealthy family of that name,
spent a while in ‘Spot 12,’ while under a charge of forgery, which was after-
wards compromised. Tom Woolfolk, who was hanged in another part of the
state for the murder of his entire family, was in this cell just prior to the time
when he was taken out to be executed. Louis Hanvey, the wife murderer,
now serving a life sentence in the penitentiary; Joe Dean, the negro who was
hanged in Campbell County for killing old man Lee, and many other mur-
derers, sent here for safekeeping to await trial or execution, spent the last
wretched days of their existence in ‘Spot 12.’

“There were two very noted prisoners once confined jn the jail who
escaped the gallows by being sent to the insane asylum. One was Sam Hill.
Hill drew the famous pictures on the walls of the cell known as ‘Spot 12,’ and
which were allowed to remain there until a few years ago. He shot and killed
John Simmons about his wife. The trial was one of the most noted that ever
occurred in the state.4! Hil] was convicted and sentenced to be hanged, but
he was sent to the insane asylum, from which place he escaped. He is still
at large and has been seen in the west a number of times.

“Alex Carr, who shot and killed Mr. King on Broad Street four or five
‘ATs ago, was convicted, and like Hill, he was sent to the insane asylum after

one of the most subbornly contested cases that was ever tried in the State. Carr
is now in the asylum,

80 ATLANTA AND ITS ENVIRONS
and the northern extension of North Candler Street. The boys who attended thre
the academy treated Editor Miner in a way that he did not like, so he soon back
pulled up stakes and left Decatur, never to return. The next local newspaper tes
was the Decatur Watchman, published by a man named Riley and edited broi
by George K. Smith, Esq.* vied
The following Inferior Court order, dated November 15, 1830, presaged shies
De Kalb County’s first legal execution: give
a - at
Kas Kets
ish «
the
Sank
and
year.
Cou:
remo
ing ¢
1862 |
dren
west
Lan
fever
“Oli
Willi
pan)
coun’
subst
know
Gold
of nk
(Photographed August, 1950 by J. Hixon Kinsella, Atlanta, becar
One of the very few remaining plantation houses from the decade of the 1830's in the 1830.
Atlanta Area. Built about 1835 by Robert H. Smith (1802-1875) and still in the family. :
Now (1950) owned and occupied by his great-granddaughter, Miss Tullie Smith. Located
at 2890 North Druid Hills Road, between Buford Highway and Briarcliff Road, Decatur feet It
District, De Kalb County. When the house was built, the road was a segment of the Decatur- stupe) |
Powers Ferry Road. Later it became Roxboro Road, and finally North Druid Hills sala
and |
“Ordered that the County Treasurer of De Kalb County pay Thomas tingu:
Kennedy the sum of $13.50 for holding an inquest over the body of James ish gi
Crowder and Elizabeth Crowder there being no Coroner at that time.’® ower al
An article in the Atlanta Constitution of September 22, 1883, entitled iy oe
“Only 3 Men Have Been Hung in the History of De Kalb County,” described oaks,
a | the Crowder case as follows: me an
‘ “The first hanging in De Kalb occurred in 1829° when a white man by cation
the name of Crowder paid the death penalty. He had murdered his wife and leadin
then set fire to his dwelling consuming the body of his murdered wife and his under

| Footnote 6 says: "Obviously in error, Correct date probably 1831.
Atlanta-

D4 Sunday, April 2, 1995 nana LOCAL NEWS

The Atlanta Journal / The Atlanta Constitution

Infamous Last Words

Before they are executed, murderers are given the unique opportunity’ Five denounced capital punishment, four insisted — to the end — that

of choosing their last words. they were innocent. A few vented their anger. One complained about the
Of the 18 men executed in Georgia’s electric chair since 1983, several quality of the prison’s barbecued chicken.

have used the dramatic moment to show repentance — often coupled with And one murderer uttered an obscenity and then laughed defiantly.

an expressed belief in God they had acquired in death’s shadow. — Bill Montgomery

“Maybe my baby can rest now.”

Joyce Tanner, mother of Rhonda Tanner, 8, after her daughter’s killer, James Messer, Jr., was executed.
:

ER so SE:

SERIE ESAS CBA A ee a Ae OE,

siping? ye Pat

THE NINETEEN HUNDREDS 623

The testimony most damaging to Leo Frank was given Monday, August
4th, by Jim Conley. In substance it follows:

He arrived at the factory the same time as Frank, at 8:30 Saturday
morning, April 26th, and that Frank asked him to keep watch downstairs, as
he expected seme women callers. I'rank had an arrangement with him that
when he stamped his foot Conley was to lock the factory door to prevent any
intrusion and when he whistled Conley was to open it. Conley saw Mary
Phagan come in and he heard her footsteps as she left Frank’s oflice. A few
minutes later he heard a scream and then he dozed off. The next thing he
heard was Frank stamping his foot. He then locked the door and when
Frank whistled he unlocked it and went upstairs. Frank was trembling, and
he told Conley that he wanted to be with the little girl, but she refused him
and he struck her. She fell and hit her head against something, but he didn’t
know how badly she was hurt. Frank asked him to go and bring her up.
Conley found her in the metal room, about 200 feet from Frank’s office, with
a cloth tied about her head and neck. With Frank's assistance he removed
the body to the basement and left it there. ‘The two then returned to rank’s
office, where Conley wrote, at Frank’s dictation, the two notes which were
found beside the body. Frank took a roll of moncy from his desk, gave Conley
$200 and told him to go and burn the body with a lot of trash in the base-
ment. When Conley refused to do this Frank took the money back again.°®

Every moment of the time that Conley was on the stand his face was the
object of Frank’s eye. The Negro kept his gaze averted from Frank, but the
defendant, apparently unmoved by the terrible accusations of the witness,
continued to look him straight in the eye. Afterward Frank characterized
Conley’s testimony as “‘the vilest and most amazing pack of lies ever conceived
in the perverted brain of a wicked human being.’’%?

Yet, all of the skill of counsel for the defense, failed, on cross examination,
to break down Conley’s testimony in any substantial particular. The defense
introduced a large number of character witnesses for the prisoner and several
factory employees whose testimony tended to discredit Conley’s story about
Frank’s intrigue with women. ‘The prosecution introduced other witnesses,
also including some factory employees, whose testimony tended to support
Conley’s story.°%

Finally, on August 18th, it came time for the accused to make a state-
ment upon his own behalf. He denounced Conley’s story as a complete fabrica-
tion. He said that after Mary Phagan had received her wages she had left his
office and that was the last he had seen of her. He gave a complete account
of his movements on Saturday and showed that he was engaged in the prepara-
tion of a financial report during the greater part of the afternoon. His state-
ment was remarkable for its directness and simplicity. In closing he said:

“Gentlemen, I know nothing whatever of the death of little Mary Phagan.
] had no part in causing her death nor do I know how she came to her death
after she took her money and left my office. I never even saw Conley in the
factory or anywhere else on April 26, 1913. Some newspaper men_ have
called me ‘the silent man in the tower’ and I kept my silence and my counsel
advisedly until the proper time and place. The time is now; the place is
here; and IT have told you the truth, the whole truth.’’**

624 ATLANTA AND ITS ENVIRONS

When Frank stepped down after making his four-hour statement, his
wife and mother were in tears and spectators and jury sat spellbound. Said
one man, “frank acquitted himself. No man could talk like he did and lie.’’®

After concluding arguments by both sides the case went to the jury on
Monday morning, August 25th. The twelve men who had sweated out 29
hot days in court and an equal number of hot nights in hotel rooms deliberated
four hours, and through their foreman, I’. 2. Winburn, brought in a verdict
of “Guilty.” Leo Frank was sentenced by Judge Roan, on August 26th, to be
hanged at the Fulton Tower on October 10th. He received the sentence like
a stoic and looking the judge squarely in the eye, said: “Your honor, I say
now as I have always said, I am innocent. Further than this my case is in
the hands of my counsel.’’*®

The trial had been the longest and most expensive in the criminal annals
of Fulton County. The stenographic record alone ran to 1,080,060 words.®7
And it is certain that no local trial, before or since, has created more excite-
ment or played so strenuously upon human emotions. Said attorneys Rosser
and Arnold upon its conclusion:

“We deem it not amiss to make a short statement, as the attorneys of
Leo M. Frank, to the public.

“The trial which has just occurred and which has resulted in Mr. Frank’s
conviction, was a farce and not in any way a trial. In saying this, we do not
make the least criticism of Judge Roan, who presided. Judge Roan is one
of the best men in Georgia and is an able and conscientious judge.

“The temper of the public mind was such that it invaded the courtroom
and invaded the streets and made itself mainfest at every turn the jury made;
and it was just as impossible for this jury to escape the effects of this public
fecling as if they had been turned loose and had been permitted to mingle
with the people.

“In doing this we are making no criticism of the jury. They were only
men and unconsciously this prejudice [against Frank] rendered any other
verdict impossible.

“It would have required a jury of stoics, a jury of Spartans to have with-
stood this situation.

“The time ought to come when this man will get a fair trial, and we
profoundly believe that it will. .

“The final judgment of the American people is a fair one. It is some-
times delayed in coming, but it comes.
“We entered into this case with the profound conviction of Mr. Frank’s

innocence. The result has not changed our opinion. Every step of the trial
has intensified and fortified our profound conviction of his innocence.?’%8

No one can gainsay the fact that Luther Rosser and Reuben Arnold did
everything within their power to save their clicnt.

An appeal was taken immediately, but on October 31, the motion for a
new trial was denied by Judge Roan.®® This ruling was affirmed on appeal
to the Supreme Court of Georgia by a divided vote (4 to 2) on February 17,
1914.7° On March 7, Frank was resentenced to die on April 17.

Then the Atlanta Journal, which had thus far refrained from any editorial
comment, on the case, spoke its piece in a full two-column editorial on March

10, 1914. Titled “I'rank Should Have a New Trial,” the editorial said in
part:

bring some light to this thing that is
wrong. I would like to have a final
prayer with Chaplain Hosea, if I
might.”

WARREN MCcCLESKEY, 46
EXECUTED SEPT. 25, 1991
Murdered Atlanta police officer
Frank Schlatt

66 o the Schlatt family, I am

< deeply repentant for the suf-
fering, hurt and pain you have
endured. I wish there was something I
could do or say that would bring com-
fort to you, though I’m sure these
words offer very little comfort. I’ve
asked God to forgive me and I pray in
my heart you will forgive me for my
participation.

“To my attorneys, thank you for a
job well done. I’m deeply grateful. I
pray you will continue on in your
struggle to fight against the death
penalty and injustice.

“To my family, I pray you will be
strong and courageous. Do not hold
any bitterness toward anyone. . .in
our system of justice. I pray you go on
with your lives.

“For all you brothers I leave behind,
don’t forsake your faith because of
what is about to happen to me. This is
not the end for me, this is the begin-
ning I had hoped for — to be in the
presence of my Lord... .

“T’d like to say to the Schlatt family,
the words I express will never give
you the peace you ask for. I wish this
execution could give it to you, but I
know it won't, only temporary satis-
faction. The only peace you will have
that’s lasting is through God and
Christ Jesus. [Courts] chose to yield to
political expediency as opposed to self
integrity. I pray that one day this
country, which is supposed to be civi-
lized, will abolish barbaric acts such
as this death penalty.”

OTIS \|s3

EXECUTED DEC. 12,
1984

Murdered Roy Asbell

of Bleckley County

during a burglary

No statement.

VAN ROOSEVELT
SOLOMON,
ai
EXECUTED FEB. 20, 1985
Robbed and murdered Cobb County
convenience store manager Roger Tackett

Tackett, I send to you my
loved
remorse for the death of your .
pi from the bottom of my heart. I did
not kill Roger Tackett and I remorse
deeply for his death. To my support-

¢¢ F irst, to the family of Roger

out. It used to be one of the foods I

loved to eat
: ; and edt
chicka.” now I can’t stand

IVON RAY
STANLEY, 28
EXECUTED JULY 12,

1984
Robbed and murdered
Bainbridge insurance
agent Clifford Floyd

No statement,

WILLIAM HENRY
HANCE, 45
EXECUTED MARCH 31, 1994
Strangled Columbus prostitute
Gail Faison

¢¢ R ight i
at this very mom
ent
prove my innocence. . the

- : :
: bya Was nO motive. There were no
vitnesses. There were no clues.”

TIMOTHY W.
McCORQUODALE, 35

EXECUTED SEPT. 21 1987
Tortured and murdered runaway Virginia
teenager Donna Marie Dixon

(679d like to tell my dad and every-
body that I love you very much.

Stay strong in Christ.”

HENRY
WILLIS Ill, 36
EXECUTED MAY 18,
1989
Abducted and shot
Ray City Police Chief
Ed Giddens

No statement.

ROOSEVELT GREEN, 28
EXECUTED JAN. 9, 1985
Kidnapped and murdered Cochran conve-
nience store clerk Teresa Carol Allen

Ts W hat you are about to witness

is a grave injustice. 1 am
about to be executed for a murder
someone else committed... . I have
nothing against anyone. I have no ene-
mies. I love the Lord.”

ers, I send my deepest respect. Thank
you. It is due to your efforts that I
have received the degree of justice I
did in my case. To the world, I suggest
that people need to reach out more
and help the needy and the homeless.

“To my family, I send you all my
love. Do not be bitter, work hard, be
honest in all your life and you will be
successful in America.

And to America, how long will
America live between two opinions?
How can you counsel someone and not
keep your own counsel about killing
people?

“Blessings to everyone who seeked
to save my life, and I’d like to curse
everyone who seeked to take my life.
Farewell.”

THOMAS
DEAN
STEVENS, 36
EXECUTED JUNE 28, a4

1993 “a

With Christopher a.

Burger, kidnapped,

Sexually assaulted

and drowned cab driver Roger E. Honeycutt
in Wayne County

No statement

CHRISTOPHER

BURGER, 33

EXECUTED DEC. 7, 1993

With Thomas D
sexually as
cab driver Roger

ean Stevens, kidnapped,
saulted and drowned
E. Honeycutt

in Wayne County |
m SOrTy: |’d like

(619d like to say I pagcsnicte am

to say I’m sO

everybod
give me.

y I’ve ever hurt. Please for-

JAMES MESSER JR. 34
EXECUTED AUG. 28, she
Sexually assaulted and muraere
Rhonda Tanner of Cedartown,
his -year-old niece

al words but gave a

o formal fin Sionkie

pre-execution int
sley Dunn
Ep eee “Do you have ni oa
“sas about how you ve bee

ed?”
Answer:
i ints
tic complaints,
ones. - _ {The g

“J can’t say I

ut I got
ee arael cut a visit with

and we were dis-

irlfri hort,
a important things. | call
cu
that crass. : Abe aunts

e chicken

o aval p eri
auce all over!
skin still on. Sixty Pe
the chicken wa
watery parts an

—

iii a i a iia cl

Fletcher Willis - Perry, Houston County - December 28, 1908

Willis killed James H. Hall "a well known young merchant of
this <«Perry) county”. Willis’ race was not mentioned.

Macon Telegraph 12/29/08: 1-6

Isaiah Hicks - Montezuma, Macon County - June 11, 1909

Not located in Macon Telegraph, Columbus Enquirer, or Augusta
Chronicle.

Jim Jones —- Millen, Jenkins - June 11, i909

/ Jones eloped with the wife of Jim Brown (black). When Brown
ee went to Jones’s to "get his kids”, a fight ensued and Brown was

killed. This was the first execution in the newly formed Jenkins
County.

Augusta Chronicle 6/12/09:1-4

Ed Fallin - Washington, Wilkes County - June 9, 1909

Fallin killed Robert Johnson (black) for an unspecified
reason, although a couple of months prior to the crime Fallin had

eloped with Johnson’s wife. Execution apparently took place on
7/9/09.

Washington (GA) Reporter, 7/8/09:1-1 &
7/15/09: 3-1

J Jim Elliott - LaGrange, Troup County - August 13, 1909

Not located in Columbus Enquirer or Atlanta Journal.

Fate Taylor - Baxley, Appling County - June 9, 1911

Story in the Savannah Morning News (6/10/11:8-6) claimed
that Taylor received a respite while a judge considered a motion
for a new trial. No additional information.

Li Burdine - Thomasville, Thomas County - May 5, 1912
Burdine was executed for rape: no details about the crime
itself or the characteristics of the victim. He claimed that his

former employers "had it in for him’ and that he was
framed. Details of the story suggest the victim was white.

Thomasville Times-Enterprise, 5/23/12:1-7 & 5/24/1e2:1-1

comer 1

or ecth ACHTTONS
Lt = Wi = = + be

eens

32 - i *
32 pekalb Murad -5-57
uj Miller murder 3 3-57
23 Muscogee Murder 4-15-57
34 pur ke murder 4-15-57
18 Fulton Murder 3-19-57
35 Fulton Murder 3-19-97
37 Fulton Murder 4-19-57
25 maichmond Murder 3-25-97
29 Fulton Repe 7-26-97
QL pwarris Mur det 9-6-57
59 Laurens murder 9-16-97
26 perrien Rape 10-4-57
23 nichnond Rape 1-17-58
23 chathaa yureet 1-18-58
M 26 uarris yurcet 9-19-58
3 Cobb Rape 11-7-58
iM 24 coiquitt murder 11-14-58
CY 20 Tulton yaurder 12-19-58
c™ 54 == an Murdet 9 -6-59
cM 36 pougnerty warder G«5#99
cM 23 cChathaa Murder 9-7-59
cM 37 Atkinson Mur der 12-18-59
cM 26 Talbot Rob. bY For. 1-15-60
WM 34 Columbia Murder 3-4-60
cM 54 warren Mur der : 6-10-50
coh 40 ~ weriwethet murder 6-24-60
cu 29 aichnond Rape 7-1-60
cM ad Fulton Mur der 11-21-60
VM 2h Fannin Murder 1-20-61
cM 25 Richmond Murder 3-24-61
cm «2 Muscogee Rape 3-11-61
cM 21 Houston Murcer 11-14-62
om «9 Jasper Murder 10-4-63
CM 21 Lowndes Murder 10-18-63
<M 35 pekalb Murder 1-14-64
VM 34 mepuftie Mur de 10-16-64

gormation ~ List of Legal niectrocution? on file
qa stat t

1) g

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1937)

cates on eile in ceorgit pepartmen of Public
necores service: (1926 chrovs 943)

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Stephen Tompkins - Dublin, Laurens —- May 24, 1912

any of the following: Savannah Morning News, Macon Telegraph,

(/ This one has given me fits since I cannot locate a story in
Atlanta Constitution, or Augusta Chronicle.

sen Phillipe-— Tiiteny.fift -— February 7, i913
Phillips killed Kid Jelks Smith (Black) as a result of "a
drunken frenzy”.

Savannah Morning News 2/8/13

illiam Varner - Covington, Newton County - August 29, 1913

Varner killed a "boy” and attempted to kill his wife. No
other details but it appears form the tenor of the story that the
nameless boy” was probably black. Date actually 9/25/13.

Covington ‘(GA) News, 9/24/1913:1-2
& 2OLI/I9:.1-S

ige Lane - Homerville, Clinch County - September 10, 1913
According to this story Lane was granted a commutation from
Gov. Slaton on "the plea of the white women of Clinch County”.

The white woman he was convicted of raping was reported to be "of
depraved character”.

Valdosta Times, 9/10/13:2-1

cokes Baker —- Dublin, Laurens - June 27, 1914
Not located in Savannah Morning News
Benyvamin O. Lucas - Macon, Bibb County - April 14, 1916
Not found in the Macon News or Macon Telegraph
Robert Skelton - Hartwell, Hart County - April 21, 1916
Short article states that Skelton was to be granted a new

trial for the alleged murder of Meanda Williams Ware (race not
mentioned).

Hartwell Sun, 4/21/16:1-4

June 22, 1987

Dear Watt:

| Enclosed are more updates on missing information on legal

| executions in Georgia. I have been slowed in my search recently,

| partly because of a hectic work schedule, but I have also noticed
| that executions later in the period, especially those carried out
under state authority, are harder to find, and often are short
and devoid of detailed information. I was dismayed to discover
that during the 1920's and early "30’s” the Milledgeville weekly
newspaper almost never carried stories of executions carried out
at the state prison farm near there. The only story I located was
one on the execution of Coggleshell and McClelland (3/25/26) both
young white boys who had killed some important character in
Putnam County.

You will note that I have found some stories that present
discrepant information. As always, if you have an opinion on the
accuracy of this information, I’d like to hear about it. Also, I
have a number of cases that I haven’t been able to locate on my
first pass. I intend to get back to these as time permits

| however.
Regards,
ao
im
\ 3 ¥ aa Henry Bryant - Moultrie, Colquitt Co. - March 20, 1903
‘ea Bryant shot to death Dan Buckner (black) after the woman
with whom he had been living left him to move in with Buckner.
4 Savannah Morning News 3/21/03: 2-2
emuel Green
| 1f/ Ralph Miller - Griffin, Spaulding Co - Febrary 10, 1906

Not located in the Griffin Daily-News or the Atlanta Journal.

John Harker - Chatsworth, Murray Co. - June 26, 1908

John Harper (note spelling) was apparently executed on
riday, 6/26/08 for the murder of Murray County Sheriff, Ben
Keith, after having been respited three times. Undoubtedly, the
sheriff was white and since one story pointed out that Harper was
captured at his "Fannin County mountain home”, I[’m reasonably
, sure that he was white also.
Dalton North Georgia-Citizen
6/11/08: 1-1,2 & 6/25/08: 1-4

6-12-1843-CHAMBERS, Thomas J., white, Gwinnett Co. Murder of Mr.
Kemp, white.

5-30-1845-SOPHIE, black, female slave of James Hayes, Thomasville.
Murder of master's son, Thomas Hayes, white.

1846-PATE, Dave, black, freedman, Carroll Co. Murder of his
wife and child, blacks.

4-30-1847-HUDGINS, John, Forsyth. Murder of overseer John
Anderson, white.

5-25-1848- , black, slave of Trotter and Bolton, Cuthbert.
Murder of slave trader masters, white.

7-5-1850-EVANS, George W., Columbus. Murder.
10- -1850-HARDEMAN, Jeff, black, Covington. Rape.

10-21-1851-MALINDA, black, female slave of William T. Burns,
Washington Co. Murder of mistress, white.

7- -1853-JERRY, black, slave of D. B. Norton, Randolph Co.
Murder of master and his son, whites.

11-25-1853-LANK, black, slave of Howell Mangum, Franklin Co.
Murder of Miss Stowe, white.

l1i~25-1853- GEORGE, black, slave of Howell Mangum, Franklin Co.

Murd towe, Ihite
/0-11-/99, esd, Loar Balen 75 iatgno Myer pete
1-8-1858-BLACK, ME Sy, Beaeiite. ON ce
CRM black, Dbnve 7 ge ns Buaba 9 J pee
58- HAWKINS, Nacton s. Cathoan Murder.

9-28-1858-GEORGE, black, slave of Cc. D. Ballard, Charlton Co.
Murder of Henry H. Jones, white.

9-28-1858-PETER, black, slave of Cc. D. Ballard, Charlton .
Murder, 9f Henry H. Jones, white. pple:
GU Ffle2, hte, Vi Sse OFS Hans v7 Pb. 2 Zhawbrcer Me Madycoel le Siusder fe

6-26-1863-WILLIS, black, slave of Troup Co.

9-18-1863-BRAY, J. B., white, Army Captain. Rome (CM).
Embezzlement.

ll- -1863-ROBERTSON, J., white 25, Army Private. Atlanta (CM).
Desertion.

11-27-1863-CODY, Elbert, black, Covington. Murder.

1889-There was supposed to have been a hanging in Lumpkin.

10-16-1891-QUICK, W. F., convicted without rec., Pike Co., of
murder of George Coggins.

8-31-1892-O'NEAL, Reuben, black, 16, convicted Forsyth of rape of
ll-year-old white girl.

9-23-1892-HAYWARD, Marion, to be hanged Savannah.

11-11-1892-HOLT, Evans, black, to be hanged Tatnall Co. for murder
of Dock Sikes, white.

Cir. 1893-There was supposed to have been a hanging, Columbia Co.

11-3-1893-EVANS, Elisha, white, to be hanged Eastman for the
murder of W. B. Rogers, also white.

4-27-1894-DAVIS, Eddie, to be hanged Savannah for murder of Willis
Brown.

8-3-1894-JONES, Dan, black, to be hanged Columbus.

8-16-1895-FAMBLES, Gus, and NOBLES, Mrs. William, whites to be
hanged Jeffersosnville, for the murder of William Nobles.

4-23-1897-BOWYER, Bud, black, supposed to have been hanged. (CT
listing). Not carrying as confirmed because location is
given as Mosler, Ga. and it might be another state.

10-28-1899-McCRAY, John, black, sentenced to hang, Thomasville,
Lewis Lewis, black.

5-10-1900-BELL, Charley, black was to hang, Blakley, for murder
of John Lawrence. Appealed at last minute.

9-28-1900-HAYES, Seaborn, black, to be hanged, Savannah, for mur-
der of motorman Hayes.

11-2-1900-ROBERTS, Joe, black,convicted and sentenced to hang,
Isabella, for wife murder.

9-26-1901-BAKER, James, sentenced to die in Atlanta for wife
murder was still alive on this date.

6-28-1901-TUGGLE, Ike, black, to be hanged Walton Co. for murder
of Bud Selman, also black.

6-8-l1901-WILLIAMS, Isaac, black, convicted of murder of 1]14-year-
old Otis Word, Carrollton. Lynching narrowly averted.

11-22-1901-RICHARDS, Sherman, black, to be hanged Savannah for
murder of Hagar Robinson, also black.

10- -1852-GREEN, slave of W. H. Blount, murered Henry H. Pool,
Warrenton.
ik -1853-Four slaves of Col. Joseph A. L. Lee, Columbus,

attempted to murder Mrs. Lee by poison.

12-29-1853-Reward offered for Giles, slave of Joel Walker of
Milledgeville for murder of Norman E. McLeod of Sumter Co.

11-24-1854-DANIEL, slave, to be hanged Carnesville. aged 15.

1857-Three slaves killed their overseer, Dougherty Co.

7- -1858-WILLIS, slave of W. B. Giles & Co., Savannah, murdered
a German named Schwicke. 45 arrested and 35 released on
bail. (Inusrrection plot?).

4-14-1858-Two female slaves arrested, Houston Co., for asaault
on a Mrs. Bryant, the wife of their overseer.

Cir. 1859-MITCHELL, William, hanged Walker Co., for murder of
John Colex.

4-15-1859-There was to have been a hanging in Fayette Co.
9-3-1859-YANCEY, John and Thomas, murdered J. Tiel, Campbell Co.

5-27-1859-LINGO, A. J. to be hanged Marietta for murder of Robert
Duncan.

1l1l- -1859-O'DONNELL, Bartley, murdered Patrick Fisher, Wayne Co.

1860's-female slave of Perry Finney, hanged Jones Co. for poison-
murder of one of his children.

1860's-Union spy, posing as peddler, hanged, Dalton following
court martial.

4-16-1860-Slave murdered Patrick Carroll, overseer for Sin-
gleton Thornton, Randolph Co.

1863-1864-TAYLOR, John J., hanged Mitchell Co.

6-9-1860-Slave murdered William Smith, Oglethorpe Co.
4-1-1863-Slave murdered Sheffield Akins, Wayne Co.

10- -1863-DOCK, black, murdered John A. Street, prob. Terrell Co.
Cir. 1864-A white man was hanged in Monroe Co.

8- -1864-Three blacks and a white hanged, Brooks Co., for
insurrectionary activities. Don't know whether legal.

3-16-1830-SAMPSON, slave of Dr. Waring, Savannah, to be tried for
the murder of master's drive 18 months earler.

2-23-1831-SURRY, slave convicted of murder of another slave,
Augusta.

1834-1837-BARNEY SWIMMER and TERRAPIN, Indians, hanged Floyd Co.,
for murder of Ezekiel Blatchford.

2-13-1836-Slave murdered ll-year-old Flavius L. Hightower,
Thomaston.

4- -1836-AMY, female slave, to be hanged Augusta for murder of her
mistress.

3- -1838-Female slave to be hanged Cassville.

4-29-1840-Paper reports murder of Thomas Saddler by slave, Harris
Co.

2-12-1845-Paper reports murder of Capt. Stephen H. Timmons by
runaway slave.

Cir. 1845-AUSTIN, Alex, hanged Gwinnett Co.

4-9-1847-A man named Boon sentenced about this date to be hanged,
Greene Co.

1848-1849-JOAB, slave, hanged Carnesville, for murder of Overseer
Crawford.

6-30-1849-Newspaper reports murder of David Ross by son, Putnam Co.

9-1-1849-HUMPHRIES, James murdered Dr. Tomlinson F. Moore, Telfair
Ca.

11-6-1849-Newspaper reports murder of James G. Ponder, slave
trader, near Hawkinsville.

11-21-1849-BURGE murfdered Richard Altman, Crawford Co.

6-21-1850-BUCK, evidently slave, to be hanged Carroll Co. Poss.
Randolph Co.

8-12-1851-GERALD, slave, to be hanged Columbus for rape of white.

8- -1851-CORNET, G. D., convicted Morgan Co., for murder of W. W.
Hailes.

12-12-1851-BISHOP, Brinkley, to be hanged, Bibb Co., for murder of
Thomas Smith.

9- -1852-SAM, slave raped a white girl, Buena Vista. Escaped jail

242 PLANTATION SLAVERY IN GEORGIA

him.** In 1853 Solomon Haddock, of the same county, was

accused of killing his slave Chaney, beating her with a stick,
and then tying a rope about her neck and choking her to death.
Although the jury found him “not guilty,” the true character
of Haddock was revealed two years later when he shot and
killed William Knight, a white citizen of the community.*®
Several years prior to this time, in 1837, David Butler, a slave-
holder of Butts County, beat his Negro man to death,*? while

in 1859 McCant, an overseer on a Laurens County plantation,

i antenre whipped to death a runaway slave.*S Human

passions found little restraint in the institution of slavery.

The constitution of the state provided that any person
maliciously murdering or maiming a slave should suffer the
same penalty as would be inflicted in case the like offence had
been committed on a free white person, except “in case of
insurrection by such slave, and unless death should happen by
accident in giving such slave moderate correction.‘ Killing
a slave without malice was adjudged manslaughter.®° In the
great majority of cases of this sort the white man accused of
selon rere sabe convicted. Elijah Cotton, of
Bibb County, although the grand jury of that county in 1827
presented a true bill of manslaughter because he had beat his
Negro man Ned with a large stick so severely that Ned had
died, was found not guilty.** In 1834 John Hay, of the same
county, “with malice aforethought and no provocation,” with
a knife stabbed the slave Nelson, property of Thomas Napier,
inflicting wounds that later produced death. In rendering its
verdict the jury made the following statement: “We the Jury
find the prisoner not guilty, and furthermore express it as our
opinions that the prosecution is malicious.”°? One of the few

“Records of Houston County, “Minutes of the Superior Court, 1846-1851,”
State vs John Bartlett, Oct. Term, 1849.

* Ibid., 1851-1854, State vs Solomon Haddock, April Term, 1853; sbid., 1854-
1856, April Term, 1856.

“ Georgia Telegraph, April 13, 1837.

“Prince, Digest, 913. Constitution of 1798.

“ Prince, Digest, 913. © Neal vs Farmer, 9 Ga. 555.

*' Records of Bibb County, “Minutes of the Superior Court, 1825-1842,” 32-33.

® Ibid., State vs John Hay, Nov. Term, 1834.

THE SLAVE BEFORE THE LAW 243

y convictions in Bibb County came in 1856, when Thomas Sor-

rell, accused of killing the slave Sam, property of Hamlin
West, with an ax, was found guilty. But even here the jury
recommended him to the “mercy of the court.”°*

The general classification of crimes committed by slaves
was according to the Penal Code of 1833, and not the Criminal
Code of Common Law, the Supreme Court ruled in 1854.°*
As neither the Act of 1816 nor that of 1821 relative to the trial
of slaves and free persons of color contained any definitions as
to the various degrees of homicide, a court decision was neces-
sary to settle the point. In 1854 the case of John vs-the. State°®
came before the Supreme Court, wherein the slave John was
accused of murder. In the lower court the counsel for the
defendant had moved for a new trial because the indictment
had not disclosed the status or condition of the deceased—
whether free, white, slave, Negro, or Indian. Judge Joseph H.
Lumpkin, in rendering the decision of the court, spoke as

follows: “It is supposed that where a slave is under an absolute

and inexorable necessity, to take the life of a white man to
save his own, who has no right to punish him or control him
in any manner whatsoever, that such killing be excusable, and
it may be so. For myself, I have formed no very definite opin-
ion upon this subject. But a stern and unbending necessity
forbids that any such allowance should be made for the in-
firmity of temper or passion on the part of a slave, as to reduce
or mitigate his crime from murder to manslaughter.” The
court therefore ruled that the killing of a free white man by a
slave cannot be manslaughter.

In the same year the question as to whether or not killing
in resistance to assault was justifiable homicide or murder was
settled by the court. Jim, a slave, had been indicted for mur-
der in the Superior Court of Lee County, having killed his
overseer with an ax after the latter had raised a maul and at-
tempted to strike him. From the evidence it appeared that the

® Ibid., Vol. 8, 28.

4 William vs the State, 18 Ga. 356.
16 Ga. 200.

246 PLANTATION SLAVERY IN GEORGIA

full amount of the note, and the Supreme Court affirmed the
judgment of the lower court, stating that if a slave was arrested
and jailed during his term of service and mobbed, the hirer

- was responsible.

hat was the legal status of the slave in Georgia? Was he
a person or was he merely a chattel? A study of Georgia
laws and court reports shows that_he was regarded as both, that
his legal status was a compromise between the two conflicting
~ positions. As personal property, a chattel, the slave could own no
property, make no contracts, nor be a party to one, nor possess
any civil or political rights. His master had full control over
his movements in the community, and over his time and labor.
The punishments usually inflicted were whipping and death.
As a chattel he was sold to the highest bidder just as any
article of merchandise; as property he could be willed to heirs
or transferred by deed of gift. Legally, his family connections
were not recognized. Nor was his testimony as a witness
against a white man valid.

Z-A court decision in 1840 suggests the other angle of the
status of the slave. In that year a case came before Judge
Lumpkin involving the separation of a slave and master after
eleven years together, but the court refused to allow the sep-
aration, stating that it was cruel to do so. In rendering
the decision Judge Lumpkin added this statement: “Those
who are acquainted with this institution know that the master
and slave form one family, or social compact, being usually
reared together on the same lot or plantation, and feeling
toward each other the kindest sympathies of our nature... .
The very nature and security of the South consists in the loyalty
of our Negro population to their owners.”°°

The strongest pronouncements on this subject came from
Judge Eugenius A. Nisbet, one of the first justices of the

© Dudley vs Mallery, 4 Ga. 65. By a written instrument Mrs. Masin S. Dudley
had transferred certain slaves to her children to be divided equally upon her death.
Mrs. Mallery, the defendant, was given the slave Eliza. Upon the death of Mrs.
Dudley, fifteen years later, the court refused to sanction the separation of Eliza and
her mistress.

AES ca se SERN Sort SRE

THE SLAVE BEFORE THE LAW 247

Supreme Court, and the framer of the Georgia ordinance of
secession, words that merit full quotation :**

The curse of the Patriarch rests still upon the descendants of
Ham. The Negro and his master are but fulfilling the divine ap-
pointment. Christ came not to remove the curse; but recognizing
the relation of master and servant, he prescribed the rules which
govern, and the obligations that grow out of it, and thus ordained
it an.‘Institution of Christianity. It is the crowning glory of this
age and of this land, that our legislation has responded to the
requirements of the New Testament in great part, and if let alone,
the time is not distant when we, the slaveholders, will come
fully up to the measures of our obligations as such, under the
Christian dispensation. The laws of Georgia at this moment recog-
nize the Negro as a man, whilst they hold him as property—whilst
they force obedience in the slave, they require justice and modera-
tion in the master. They protect his life from homicide, his limbs
from mutilation, and his body from cruel and unnecessary scourging.
They yield him the right to food and raiment, to kind attentions
when sick, and to maintenance in old age; and public sentiment, in
conformity with indespensible legal restraints, extends to the slave
the benefits and blessings of our Holy Religion. Conceding that
there are violations occasionally on the part of the master, of the
obligations of humanity, yet it may be asserted, with truth, that
the relation of master and slave in Georgia, is an institution sub-
ject to the law of kindness to as great an extent as any institution
springing out of the relation of employer and employed, anywhere
existing among men.

In delivering the decision of the Supreme Court in Baker
us the State” in 1854, Judge Henry L. Benning said: “It is true
that slaves are chattels, for most purposes. It is equally true
that they are not so for all; for many they are persons.” He
pointed out that although the Act of 1770 declared that Ne-
groes were “absolute slaves . . .
law contained many provisions which treated the slave as a
person capable of committing crimes and worthy of being pun-
ished by the form of law. “No beings, except persons, are thus
capable and worthy,” said Judge Benning. The Act of 1811,
establishing a tribunal for the trial of slaves, and providing for

® Neal vs Farmer, 9 Ga. 582. @ 15 Ga. 498.

chattels personal . . .,” the.

244 PLANTATION SLAVERY IN GEORGIA

overseer was a slight youth, while Jim was a strong, robust
man. Although the youth had assaulted Jim, the latter had
struck back and then pursued, striking again, when the over-
seer ran from him. The counsel for the defence requested the
court to charge “that if a Negro was attacked by his overseer,
or any other person, with a weapon ‘calculated to produce
death, and the slave, under apprehension for his life, or that
a felony was about to be committed upon him, in his own
defence kills his assailant, he is justifiable.” The court did so
with this qualification “that the slave would not be justifiable
if there was any other way to save his life, or escape the
threatened violence of the overseer.” The counsel for the de-
fence also asked the court to charge that if a master or overseer
inflicted unmerciful and unreasonable punishment upon a
slave, and the latter, in a moment of passion consequent upon
the punishment, killed him, it was manslaughter, not murder.
This the court refused to do.*®

Judge Ebenezer Starnes delivered the opinion of the Su-
preme Court, speaking as follows: “... we find it (slavery),
as a part of that system of laws, in the order of God’s Prov-
idence, established by our forefathers, which it is our duty to
administer; and we are convinced that every reasonable man
must see, with us, that whilst it does exist, due subordination,
on the part of the slave is a primary necessity, to both bond
and free—more of a necessity, than is subordination, in the
family circle, to the head of the household. Such subordina-
tion can only be maintained by the right to give moderate cor-
rection... .” The judgment of the lower court was affirmed.

The protection of the law in cases of slaves hired out doubt-
less reduced the possible number of abuses arising from that
condition. At the beginning of the year 1851, owing to the
high price of cotton and the extravagant prices of other pro-
duce, Negroes had been hired at unusually high rates. But
the drought in that year resulted in the failure of the cotton
crop, and many experienced serious financial reverses. Francis

°° Jim vs the State, 15 Ga. 535.

THE SLAVE BEFORE THE LAW 245

Leonard under these circumstances had hired a Negro from
Thomas Boynton, giving a note for one hundred dollars. The
slave died before his term of service had expired, and Leonard
sought to obtain credit on his note. The court refused his
request."’ In 1856 action was brought by William C. Cook
against William H. Brooks in the Randolph County Superior
Court for the recovery of $170 claimed due on a promissory
note given for the hire of the slave George. At the time of the
hiring, the plaintiff had informed the defendant that the slave
was insured for $1,150, two-thirds of which was recoverable if
the slave died. George became ill and died, his owner receiv-
ing $766 from the insurance company. Brooks sued for the
amount of the doctor’s bill, and funeral expenses. Judge
Charles J. MacDonald delivered the opinion of the Supreme
Court, holding that in the absence of a special contract to the
contrary, the hirer of the slave was bound to furnish all neces-
sary attendance and nursing the slave needed when sick; in an
action to recover the hire of a slave the defendant cannot set
off a physician’s bill for attendance upon the sick slave, though
the owner may be liable for it, unless he has paid it; if the
owner of a slave insures his life, the hirer of the said slave is
not entitled at his death to any part of the insurance if no
contract has been made to that effect; finally, the owner, not
the hirer of a slave, is liable for the burial expenses.**

An unusual situation was presented in the case of Middle-
brook vs Nelson,°® which was settled in 1866. Nelson had
hired the slave George in January, 1861, for the ensuing year.
However, in February, George, accused of committing a rape
upon a white woman, had been jailed, and his master and the
magistrates notified. In the meantime a mob formed, stormed
the jail, and burned the Negro. Middlebrook sued for the
amount of the note, which Nelson had refused to pay, holding
that he had turned the Negro over to his owner. The jury in
the Harris County Superior Court rendered a verdict for the

' Leonard vs Boynton, 11 Ga. 109; Latimer vs Alexander, 14 Ga. 260.
“ Brooks vs Cook, 20 Ga. 87. °° 34 Ga. 506.

236 PLANTATION SLAVERY IN GEORGIA

any other.'t Negro testimony against a white man was in-
admissible. The Supreme Court, however, ruled in 1852 that
it was “competent to state that certain acts were done, in con-
sequence of information received from a Negro.”*”

- Slaves and free persons of color had no civil, social, or polit-
ical rights except as conferred by statute. The state constitu-
tion took no cognizance of them in this respect. The right to
hold property was not accorded slaves; they could not acquire
title by descent or otherwise, nor could a valid trust be created
in their favor.1? It was held by the Supreme Court in 1857 to
be a violation of the law for a testator to convey property to
a slave,* and while the institution of slavery existed in the
state, a bequest to a slave, which took effect by the death of the
testator, was void.’®} By an act approved in 1819 free Negroes
could acquire property anywhere except in the towns of Au-
gusta, Savannah, and Darien,’* but slaves could not inherit
rom free Negroes, the Supreme Court decided."* Neither
could slaves prosecute suits in courts of law, nor could anyone

sue in their behalf.18 They had not, of course, the power to »

make contracts. |
L£A system of passes or tickets, issued by the masters or
guardians of the slaves, regulated their travel in a community.
If absent from their plantations or town without a ticket, slaves
were liable to seizure and punishment. It was illegal for more
j than seven male slaves to travel together unless some white

(man was present.1® Meetings of slaves were carefully super-

1 Ibid., 973, 988.
“” Grady vs the State of Georgia, 11 Ga., 253; 9 Ga., 121.
/ 3 Beall vs Drane, 25 Ga. 430; Woods vs Pearce, 68 Ga. 160.
/ ™ Lamb vs Girtman, 26 Ga. 625.
/ © Myrick vs Vineburgh, 30 Ga. 161. . .

Tamar, Compilation, 815, 820. Some free Negroes acquired considerable prop-
erty. Solomon Humphries, of Macon, owned and operated a large mercantile estab-
lishment in that town, and was said to have employed white clerks. By industry
and thrift he accumulated money sufficient to purchase the freedom of his wife and
father. (Acts of the General Assembly, 1834, 231; Buckingham, Slave States of
America, 1, 211-212; Macon Telegraph, May 25, 1832, advertisement).

“7% Beall vs Drane, 25 Ga. 430; 68 Ga. 160.
8 4merican Colonization Society vs Cartrell, 23 Ga. 448.

Cobb, Digest, 972, 981.

THE SLAVE BEFORE THE LAW 237

vised, as they were thought potential sources of insurrection.
The Grand Jury of Houston County, in 1849, called the atten-
tion of the public to the “frequency with which large crowds
of Negroes are permitted to assemble, ostensibly for the pur-
pose of religious worship, and more especially the practice of
permitting these crowds to be addressed by Negro Preachers,
or Exhorters.” It was recommended that meetings be allowed
only occasionally, and never without an efficient patrol being in
attendance. Slave congregations of this sort were often boister-
ous, and therefore nuisances, and might be used as “a cloak to
rascality.”*° Curfew laws in many towns required that all
slaves retire to their dwellings at the appointed hour. For
example, slaves in Savannah were required to be in their
dwellings at eight o’clock at night, or be provided with passes.
If abroad without a pass, they were liable to be jailed, adver-
tised and sold at auction unless their masters claimed them and
paid the jail fees. According to Emily Burke a pail carried by
a Negro in the evening served as a pass.”?

“77 it was illegal for a slave to rent, hire, or occupy on his own
account a house, room, store, or plantation.2®? Town slaves
usually lived in cabins located in the yards of their masters’
homes. With written permission from his master or guardian
a slave could vend any commodities he wished, but any one
purchasing articles from a slave who did not possess such per-
imission was liable to a fine.”* Thus Lewis Johnston, of
( Hancock County, in 1833 was fined five dollars and sentenced
to seven days in jail for illegally receiving a coon from a
slave;°* in 1837 James Jones, of Bibb County, was fined a like
sum for buying fifteen pounds of bacon from a slave Isaac
without a ticket;*’ while in 1860 Marcus King of Houston

” Records of Houston County, “Minutes of the Superior Court, 1846-1851, April
Term, 1849.”

** Reminiscences of Georgia, 17-18.

Cobb, Digest, 980. By local ordinances all towns restricted the slave in this
respect.

*® Ibid., 960.

24 Records of Hancock County, “Criminal Docket, 1833.”

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wr wid ian’ ah } “my Lton Mureert 3-30-56
cochrats TLLLian orady car Murder iyo 4 3798
Turner > James cu mur det 6-8-96
Con aies wos ley> preacrick mm) 22 Pulton Rape 6-29-96
4 Cooper) paul cM ait vorth Murder 9-21-56
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4 Reese, os cM Reo cobb nape 1-4-9597
ah ¢ Corbitt, nF WM. Oe fulton murder 9-8-57
} jelds, Jennings paward vi 32. pekalb yurder 425-57
wewberty» Jo we 47 AiLler yur der 3-8-57
pominge Leon tL: cu 23 muscoBee yurder 4-15-97
N styress + a (tsaiah) eM 34 purke murder 4-15-97
Goleman) D gitcnett cu LS Fulton pur der 3-19-57 i
Toler, 3 cur 422 Fulton pur der 3-19-57 J
Eider» pobet CM! Fulton murder 4-19-97
Will, # ol LLison Wi 5 iehmon Murder 3-25-57 ‘|
ustices & ay cme? Fultcon Rape 7-26-91 a
MULLINS » pred G> oom AS arr is Murder 9-6-57
purree, cM 29 cour ens wurde 9-16-57 Wie
White, hn Henty cu) 26 porrien Rape 10-4797
smith, paward gammel cM 23 4chmond pape 1 17-58
Golden, WiLlias om. 23 Chatham murder 18-98
Curry» Lhert cM. 28 yarr hs Mar der 9-19-98
pobbs, ray CM cobb Rape -7-98
Adams y ot he yw 54 Colquitt murder 11-14-58
Woods wenry Br cu. 20 fulton murder 12-19-98
Murray z 00 ‘ cm pryan Murder 2.-6-59
Will, Frank junior pet OM 36 pougherty Murder 629799 * ii
; Chariton Willias cm 2 chatham Murder Q-7799
Wilsons Eddie ; cM! - atkinsot murder 12-18-59 |
punkley > Homet cy 26 talbot Rob. bY FOr. 1-15-60
Albert, ernest wt columbia murder | 3-4-60
Wilson, Frank: cyt 4 warren Mur det 6-10-60 r
pavis, pert ine Ba om * 49 mex iwethe* yor dex 6-24-60
johnson» nathaniel ch 25 ichmond Rape 7-1760 v
wimis, dscax James cm a Fulton Mur der 41-21-60
puLrLins, Roy Lee wh. 24 Fannin yur der 4-20-61
Johnson» Thurnond cM 26 richmond Mur det 3-24-61
Watt, ceorBe ch puscoBgee Rape g-11-61
: smith, sammie Lee cu eT Youston murder 11-14-62
' A eam oe jasper Mur dex 10-44-63
Lowndes pur det 10-18-63 :

Murder 1-14-64
rFie Murder 10-16-64

of Legal rectrocut ions on file
rook plac& at the o1d prison it
(september 13, 1924 through lay

pit

ccorgeta pepartment of public
: (1,926 -hrougn 1943)

setions (1943 ehrove 1964)

Peer ricer cae Eee a aah ithe Daag tulad -
pet . hina

LEGAL ELECTROCUTIONS IN THE STATE OF GEORGIA |
RACE & COUNTY OF PATE

NAME SEX AGE CONVICTION CRIME EXECUTED
ae Glass, Henry CM 21 Fulton Murder 1-19-45
Beh Tye, Jimmie Lee cm 22 Fulton Mur der 1-19-45
t Jackson, Willie cM 28 =~ Fulton Rape 3-2°45
he Fowler, Walter WM 22 Forsyth Murder 3-2-45 |
My Baker, Lena CF 44 Randolph Mur der 3-5°45 a
4 : Johnson, L. C. a CM 19 Newton Mur dex 4-9-45 4
‘ Smith, E. Ve — wi 39 Pike Murder 3-9-45 i
‘ Gilbert, Ulysses cM 24 + Houston Murder 4-27-45 i
; Lamar, Nathaniel ... Co 21.~~.:«Baibb Murder 5-11-45 i
: Watkins, David cM 018 =~ Cobb Murder 5-11-45 i
Green, Edward Lee cm 23. ~-«~Houston Rape 6-1-45 (
Green, Jack Roy cm. 40 =~: « Sumter Rape 6-29-45
egal Smithwick, Albert um. 26) Chatham Murder 728-45
: Gunnells, Robert R, wm 40 Baldwin Murder 8-24-45
\) me HOYER) Henry cM. so 27-~—C«.:s«éFul ton Rob. by For, Br 24-49
Johnson, Charlie cm 27. Early Rape 9-21-45 rf
heh Collins, Noah cM o29)—Ss« Chatham Murder 11-9-45 u]
hy Craiton, Jesse cM. 23.~—: Fulton Mur dex 11-9-45
Me Taylor, Nathaniel CM... 37. « Laurens Murder. 11-30-45
‘. Daniels, Eddie cu (34. | Grady Mur der 2-810 |
Bonner, Isaac. cM 19 BAbb Murder 3-29-46 |
Lawie Leone ca 40 26~—s Fulton Rape 3-29-46
i _ ‘Jones, Willte cM «.28~—Ss« Ware Murder b= 19-46 ee
fee Bryant, Barly ck cm 4. 30.—S: Fulton Rape 5-31-46
} ; Burke, Anderson cM. 28 ~~ Oglethorpe Rape 7-5-46
Nappier,, Jaron cM. O41. Laurens Murder 7-19-46 |
McKethan, Jesse R. wi 22 Chatham Murder Br 2-46
Yearwood, Walter Hillman yM 23. Glarke Murder 10-22-46 l
Murray, Alton vw 29 Candler Murder 11-8-46
Allen, Lee Jamcs cM. (16 « Fulton Rape 11-15-46 |
Burns, Johnnie cM. 22 =~. : Lee Murder 11-22-46
Stevenson, Willie cM ‘wi Lee Murder 11-22-46
Williams, James Rufus cM «19s Twin Mux der 11-29-46 |
Parker, Albert ca. 29 Cook Murder 12-13-46 |
Hill, J. ©: CM. 19.~=«~Ware Murder 12-20-46
Brown, Arthur, Jr. cu 23. Chatham Mur der 2-8-47
Dorsey, Morris c™ 23. Chatham Murder 2-8-47
;napp, Homer R, WM 38. Chatham Murder 18-07 ‘|
terter, Lauren cM (3B. Oglethorpe Murder be 25ele!
sarnes, Willis wi «29. Ben Hill Murder bn 25-47
Daniel, Quiller cM © 30 Franklin Murder 5-2-47
Brown, James cu. 24 "| Sereven Murder 6-17-47
Reddick, Herbert Lee CM. 17... Bibb Murder 6-30-47
Scott, Ebenezer CM 27, Chatham Murder 8-1-47
Stanford, Robert Lec cM 25 Richmond Murder 8-1-47
Loughbridge, Terrell Wi! 18 . Jefferson Murder 829-47
Moore, Roosevelt cM O26. Stewart Murder 8-19-47
Owen, Jim cM 43) .Warren Murder 10-4947
Ford, Oscar L, CY 21. Dougherty Murder 10-10-47
Bryant, Sweetie, Jt. cM 29 Mitchell Mur der 10-10-47
ud Morakes, Nick WM 53. Morgan Murder 11-18-47
, Serutchens, Leroy — cM. o37—S«:s« Sumter Murder 1-2-48
ae Porter, Joe Cc. o27~—. Sumter yur der 1-2-48
‘ Brown, Eddie, Jr. cao 23.—~C Carroll Murder — 2-13-48
3 Torbett, J. W- cM 37 Randolph Murder 2-16-43
ie, Mangum, James ca 40 18.~—Ss« Fulton Rape 3-5-46
< Campbell, L. P. CM 26. Floyd Murder 3-26-48
baa Nunn, Red Lamar cM 43 Jefferson Murder 3-13-48
is Whitt, Sam CM 22. Fulton Murder 8-16-48
Davis, William Cular cu. «55 «Carroll Murder 10-15-48
Beetles, J- Be | cM 32 carroll Murder 40-15-48
Eller, Jewell iM 21 Towns Murdex 11-5-48
Garrett, Charlie WM 26°. Towns Murder 11-5-48
Brown, L. C. cM 25 Greene Murder 13-26-48

RACE &
NAME SEX
Fisher, James @Johnson CM
Mathis, Joe cM
Mims, William L. CM
Brown, Robert CM
Barkley, Curtis cM
Fields, Oscar CM
Josey, Charlie @ Snooks. Ch
Brown, Eddie ey CM
' anderson, Fred CM
Hicks, Henry William cM
Sutton, John William cM
Lawrence, buddie@Andrew CM
Brannon, Robert Lee cM
Wadell, Jennings Ci
Watson, Johnnie cM!
Hayes, Eddie Bennie cM
Bland, William Henry cM
Anderson, Charlie cl
Jenkins, Willie . cM
Alford, Albert Ch
Shivers, James CM
Strickland, Charlie CM
Morton, Edward Leroy CM
Miller, John. cM
Cone, Howard P,.. Wit
Williams, Norman Wh
“Moore, Dock cM
Mosley, S. T, CM
Martin, Charles E, WM
Shaw, Buster CM
Lewis, Y. 2. CH
» Dowdell, Raymond cM
» Smith, Richard cM
- Coates, Charles WM
Wilcoxon, Lewis. cit
Palmer, Joel Luther Wit
Franklin, Bernice CM
Sims, Mose cit
Reed, Edmond Chi
Johnson, Adel cM
Pittman, Eugene CM
Hancock, Marlin Wit
Russell, John Thomas CM
Sexton, Charlie cM
Hodo, Serina CM
Mathis, Tommie Lee co
Williams, Robert cit
Ellison, S, A- CM
Johnson, H, CM
Hubbard, Willie cM
Trwin, Isaac Cl
Wicks, Willie ch
Lee, Marvin Lewis cM
Hooten, Rock cM
Rogier, Herbert CM
Walker, Robert CM
Reed, Oscar CM
Ellison, Grady Cy
Stroup, William B. wit

AGE.
ene

IN THE STATE OF GEORGIA

COUNTY OF

iw roto

mn’
at

DOWW ATW Or

peNMet

Newton
Newton
Bibb
Jefferson
Fulton
Fulton
pike
Lowndes
Laurens
Thomas
Whitfield
Bacon
Floyd
Toombs

Coweta
Coweta
Henry
Fulton
Fulton
Hart

Fayette
Terrell
jefferson
pekaib
Thomas
Elbert
Fulton
Taylor
Dekalb
Brantley
Thomas

Muscogee
Fulton
Catoosa
Cobb

Tift
Wayne
Fulton
Bibb
Fulton
Polk
Paulding
Fulton
Paulding
Meriwether
Spalding
Laurens
Meriwether

Henry

Bibb
Bibb
Fulton
Fulton
Taylor
Laurens
Bibb
Bibb
Buxke
Fulton

CONVICTION CRIME.

DATE

RXECUTED
Aux dex 929 “h0
Murder 29-40
Murder 3-22-40
Murder 5-17-49
Rape 8-16-40
Rape §-16"40
Murder 8-23-40
Rob. by For, 8-23-40
Murder 10-440
Rape 10-18-40
Muxder 11-8-40
Murder 12-13-49
Murder 12-13-40
Murder (12-27-40
Murdex 1-341
Murder 1-3-41
Rape 5-12-41
Murder 5-23-41
Murder 5-23-41
Rape 10-10-41
Rape 1-30-42
Mux der 1-31-42
Murder 2-69-42
Rape 3-6-42
Murder 3-11-42
Murder 5215742
Murder 79 Q ahd
Murder 7-10-42
Mux der 10-16-42
Murder 10-16-42
Murder 11-26-42
Murder 1-15-43
Murder 2-48-43
Murder 3612-43
Rape 3-26-43
Mux der 5-28-43
Rape 5-23-43
Rape 6-10-43
Murder 7-19-43
Rape 8-10-43
Murder 8-20-43
Murder 8-20-43
Murder 8-20-43
Murder 8-20-43
Murder 9-24-43
Murder 10-22-43
Murder 10-23-43
Murder 12-11-43
Murder 12-31-43
Rape po5eh
Muy der 1-7 -44
Rape 2-3-4464
Rape 347-44
Murder 3-17-44
Murder baTeb
Rape 28-44
Murder 4-28-44
Murder 5-25-44
Rape 7-28-44

THE NINETEEN HUNDREDS 621

tear door, cither with the intention of later removing the body from the prem-
ies to the alley in the rear of the factory, or for the purpose of making it
ee appear that the murderer entered and left the building by this door.®?
i This general theory stood up pretty well throughout the subsequent trial
of the case.

On May 19th a new character entered the grim drama, publicly at least.
James Conley, Negro sweeper at the pencil factory had been arrested a couple
of weeks before, when found washing a shirt, thought to be bloody, on the
premises. He had been sweated by the officers, but up to this time, had not
been seriously considered as a suspect. Conley was a dissolute, shiftless char-
acter, several times in and out of the chain gang. He was to be the principal
and most damaging witness against Leo M. Frank.®4

Exactly four weeks following the murder of Mary Phagan, May 24th, Leo
M. Frank was indicted for the crime by a Fulton County grand jury. The
indictment did not include Newt Lee, who was merely ordered held in
custody. Frank entered a plea of not guilty.5°

The accused certainly had no criminal background. He was born in
Paris, Texas, on April 17, 1884, and, at the age of three months, was taken
by his parents to Brooklyn, New York. Here he attended public schools and

pared for college at Pratt Institute. He entered Cornell University in the
© fall of 1902, from which he graduated in 1906 with a degree in mechanical
engineering. Frank then accepted a position as draftsman with the B. F.
Sturdivant Company in Massachusetts. After six months he returned to Brook-
lyn to accept a position as testing engineer and draftsman for the National
Meter Company, of that city. In mid-October, 1907, at the request of some
Aulanta citizens, he came South to confer with them relative to the establish-
ment and operation of a local pencil factory. Thinking well of the venture,
Frank went to Europe, where he spent nine months studying the pencil busi-
ness and looking after the testing and erection of the machinery previously
contracted for. He returned to America in August, 1908, coming directly to
Alanta, where he had since resided as superintendent of the pencil factory.
Later he was married to Miss Lucile Selig, daughter of Mr. and Mrs. Emil
“lig, of 68 East Georgia Avenue, with whom he lived at the time of the
pencil factory murder.®®
Chief counsel for Frank was Luther Z. Rosser, Sr., then 54, a native of
~ Gordon County, Georgia, and a member of the local bar since 1883. * During
~ the 30 years of his Atlanta practice, Mr. Rosser had gained renown both as a
qmminal and civil advocate. He likewise had a reputation as an expert in the
_ amination of witnesses. On June 22nd Reuben Arnold, ten years Rosser’s
junior, but equally as well-known, entered the case for the defense, announcing
that he wouldn’t defend a man accused of such a crime unless sure of his
mnocence.>? Also associated with the defense was a still younger attorney, Henry
A. Alexander, a member of one of the oldest and best Jewish families in
the city.

The prosecution was in charge of and vigorously handled by Solicitor
General Hugh M. Dorsey, then a 42-year old crusading law enforcement officer.
He was assisted by Frank A. Hooper, Sr., a native of Floyd County and him-
«if an able practitioner of the law.

Presiding at the trial, which began on Monday morning, July 28, 1913,
was Judge Leonard S. Roan, of Fairburn. The judge was born in Henry

Sean ape 9S

i} <a

AE KLEE OR

Peg Lampkin - Bainbridge, Decatur County - August 9, 1916

article notes that this was the first execution in Decatur County
in 11 years. ‘This must be correct, as Noah Anderson was executed
thereyin 1905 as your inventory indicates and I can find no
execAtions in the intervening period. )

Lampkin, black, was executed for murdering his wife. The

Bainbridge Post-Search Light, 8/10/16:1-5

Lee Curry - Lyons, Toombs County - May 21, 1925

Lee Currie (note spelling) was executed for the murder of a
Vidalia (GA) taxi driver named Burleigh Phillips. Considering
that Currie was from "one of the leading families of this
county”, I presume that he was white.

Lyons Progress, 5/21/25:1-3,4
Charlie Walton - Fulton County - March 11, 1926

; Not found in the Atlanta Journal or the Atlanta
| Constitution.

To ‘ohnson - Jefferson County - September 24, 1926
” Killed Dess Stone (black female) during a shooting spree at

a negro church. He had been a trustee on a Jefferson County chain

gang.
James Johnson - Fulton County - November 13, 1926
. the apparent motive.

| Murdered "Miss” Amanda Tumlin ‘(white female) with robbery as
Atlanta Constitution 11/14/26:4A-3,4
| Pringle Williams - Emanuel County - October 8, 1926

Williams was to be executed on 10/8/26 for the rape of a white

Swainsboro Forest-Blade (9/16/26:1-3) carried a story that
woman but I could not find a story in this paper that reported

the actual execution.

ee Fennell - Liberty County - June 3, 1927
Not found in SMN.

a”

46 : J. G. JoHNsoNn

soft words, and the great example of their work,” gradually
pacified the unruly natives. For more than two years they
carried on their ministrations unmolested. The northernmost
missions were those of Father Corpa at Tolomato, and
Father Rodriguez at Torpiqui on Ossabaw Island, and that
of Father Aufion at Assopo on Guale Island. Velascola and
Davilla founded missions at Asao and Ospo on St. Simons
and Jekyl Islands respectively.

In 1597 a young chief of the province of Guale, annoyed
. by the reprimands of Father Corpa, apostasized_from_ the
/ faith and instigated the Indians to_revolt.2 Gathering a group

of malcontents, he advised them to go with him into the
interior where they could enjoy the liberty to which they had
been accustomed before the coming of the missionaries. This
they did, but after a few days of contemplation over their
grievances, real and imaginary, they decided to return and
kill Father Corpa. As an argument in favor of this step, the
chief predicted that if they did not kill the missionaries, the
Spaniards would come in force and deprive them of their
liberty and lands, the first step to which was the coming of
the Franciscans, who, while talking of peace, were preparing
to make themselves their masters. He further told them
that after the missionaries were dead, it would be an easy
matter to kill the soldiers, and only in that way could their
liberty be preserved. Following this advice the horde of

>s—According to Juan de Torquemada, Monarchia Indiana (Madrid, 1723),

iii, 350, Assopo was on Guale Island. Tolomato and Torpiqui were not on this island
hut were not far distant since the revolted Indians, traveling from north to south
were thoroughly acquainted with the topography and natives of the vicinity. Further-
more, the two northern missions were near Santa Elena (the region bordering on
Port Royal Sound). fA. M. Brooks (ed.). The Unwritten History of old St.
Augustine (St. Augustine, 1909?), Pp. 35] The most exact method of locating the
missions is by a minute examination of the contemporary accounts. The distances
of the establishments from St. Augustine, as well as from each other, are given in
most cases, and this makes possible the identification of the various mission sites
with a fair degree of certainty,

3—The account of the revolt is taken from Barcia, Ensayo Chronologico
and Torquemada, Monarchia Indiana. These two accounts are substantially in
agreement. Furthermore, the testimony taken at the subsequent trial of the lead-
ers of the uprising apparently substantiates the truthfulness of the two accounts and
sheds some additional light on these remote occurrences. This testimony has
been translated and may be found in Brooks, Unwritten History of old St.
Augustine, pp. 40-47.

¢—Torquemada, Monarchia Indiana, iii, 351.

Tne YAMASSEE REVOLT 47

hostile warriors, armed with bows and arrows and wearing
large head-dresses of feathers, returned to the Christian

Indians.

Going to Tolomato at night, the rebels concealed them-
selves in the church. At daybreak, when Father Corpa
opened the door of his house, they killed him, cut off his
head, and placed it on a stick, which in turn was tied to a
post. Several of the natives of the settlement now joined the
party of the rebellious chief. On the following day the
young Indian collected his followers, and according to the
chronicler of the affair, harangued them thus:

“Now the father is dead, but he would not have been
if he had allowed us to live as we did before we be-
came Christians. Let us return to our former cus-
toms, and prepare to defend ourselves against the
punishment which the governor of Florida will try
to inflict upon us, for if he succeeds in it, he will be
as rigorous for this one father as though we had
made an end of them all, for he will surely persecute

us for the father we have killed the same as for all: *
The suggestion that the surviving Franciscans be put
to death was approved, and the leader continued :
“They take away our women, leaving us only one in
perpetuity, and prevent us from trading her; they
interfere-“vith our dances, banquets, foods, cere-
monies, fires, and wars, in order that, by not practic-
ing them we shall lose our ancient valor and_ skill,
inherited from our ancestors; they persecute our old
men, calling them magicians; even our work troubles
them, for they try to order us to lay it aside on some
days; and even when we do everything that they say,
they are not satisfied; all they do is to reprimand us,
oppress us, preach to us, insult us. call us bad
Christians, and take away from us all the happiness
that our forefathers enjoyed, in the hope that they
will give us heaven.’
Fired by their hatred toward the Spaniards, the mur-
derers went to Father_Rodriguez’s-mission_at_Torpiqui. En-

5—Barcia, Ensayo chronologico, year 1597, P. 170.
6—Ibid., loc. cit.

EP tend

Nene

tee celta. A Sibel

En ee

THE YAMASSEE REVOLT OF 1597 AND THE
DESTRUCTION OF THE GEORGIA MISSIONS
By J. G. Jounson, M. A.

UNIVERSITY OF GEORGIA

Georgia, known to the Spaniards as Guale, was a
province of Florida during the latter part of the sixteenth
century and throughout the entire seventeenth century.
Only a few months after the founding of St. Augustine,
Menéndez hastened north, and after establishing friendly re-
lations with the Indians of the Georgia coast, he left garri-
sons on St. Catharines Island, known during this period as
Guale Island or Santa Catalina de Guale, and on Cumberland
Island (San Pedro). This occurred during the summer of
1566. Farmers were soon settled around the presidios, and
two years later Jesuit missionaries came over to look after
the spiritual welfare of the Spaniards and Indians. Their
labors proving fruitless, the Jesuits moved to Santa Elena
(South Carolina), where their lack of success was just as
pronounced as it had been in Guale. A number of them
then went to Axacan (Virginia) and there met death at the
hands of hostile Indians. Whereupon every Jesuit in
Florida—and Spanish Florida included all the vast area be-
tween the Mississippi and the Atlantic, with a vague and
indefinite northern boundary—forsook the land in a body for
Lower California and the Pacific slope region of Mexico.

Thereafter, although the coast settlements were extended
to all the more important islands, for two decades Georgia
was thought to be extremely undesirable as a field for the
labors of the religious orders. The Jesuits never again sent
missionaries to the Florida provinces, and the task of de-
veloping the mission system to a high degree of efficiency in
this region fell to the lot of the Franciscans. Apparently the
first Franciscans to reach Florida came over in 1573, but
after the death of Menéndez the following year, the temporal
as well as the spiritual needs of the settlers of Georgia re-

THE YAMASSEE REVOLT 45

ceived little attention for a period of more than twenty years.
Probably the few “religious” who braved the rigors and
dangers of Florida during this period, confined their attention
to the Indians of the neighborhood of St. Augustine. Per-
haps not one missionary made his way north of Cumberland
Island during these years.

However, the Spaniard of this and the following cen-

tury was deeply religious. In the asientos, or agreements

concerning the ways and means of planting colonies, the
stipulation was always included that the conversion of the

natives should be carefully looked after. The Spaniards

early found that control over the savages could be maintained
most easily where they were brought together in the missions,

-since by this means, the labor of the natives could be ex-
_ ploited and the danger of uprisings and revolts could be min-

imized.

Although the period from 1573 to 1593 was devoid of
any extensive missionary -activity, there was one notable
exception to the stagnation that threatened Florida. This was
the establishment of the San Pedro mission on San Pedro
Island. It possessed the advantage of being near St. Augus-
tine, and enjoyed the protection of a garrison maintained on
the same island.’

The revival came in 1593. During that year the Council

of the Indies granted permission to twelve Franciscans to _

enter Florida. The following year Pedro de Corpa, Miguel
de Aufion, Francisco de Velascola, Blas Rodriguez, and An-
tonio de Badajoz were sent to Guale. They arrived at an op-
portune time. The Guale Indians had rebelled against the
Spaniards, and so dangerous had their hostility become that
the soldiers of the small garrisons found it impossible to
leave the stockades to secure provisions.’

The priests established their missions on the islands of
the Georgia coast, where they, by means of “entreaties, gifts,

1—Barcia Carbillido y Zufiiga (Cardenas), Ensayo chronologico para la
historia general de la Florida . . . (Madrid, 1723), year 1594, p. 167.

rb — y ef : : . hi | | PLANTATION ;
SLAVERY IN GEORGIA

By
:
: * ag, aoe an

RALPH BETTS FLANDERS

INSTRUCTOR OF HISTORY IN NEW YORK UNIVERSITY

NO,
ao) Pe

LIB TASS

> >
yy so

THE HOLT RESIDENCE, MACON, CITY HOME OF A PLANTER

(View furnished through the courtesy of Mr. Leon S. Dure, Macon, Ga.)

Cuapet Hiti
Tue University oF NortH CAROLINA PREss

15, SATS r
LOWTHER HALL, JONES COL NTY ; 933
(View furnished through the courtesy of Dr. and Mrs. Frank Jones,
Lowther Hall, Clinton, Ga.)

THE UNIVERSITY OF NORTH CAROLINA PRESS

MY MOTHER

vi,
re)

| | 1517930
PRINTED AND BOUND IN THE UNITED STATES OF AMERICA
BY THE SEEMAN PRINTERY, INC., DURHAM, NORTH CAROLINA

$f iv

PHYSICAL FEATURES OF GEORGIA

X
THE SLAVE BEFORE THE LAW

’ ee

TENNESSE af \-— -— -——-

INORTH CAR
—T SZ SO ‘nat

APPALACHIA)

J SSS
“= UPPER PIE

7 : iC} a “=
- Washington

“MIDDLE

Riven

ALABAMA

- Chattahoochee

Tue sasis for the slave code of Georgia was the act of 1770
entitled “An act for the ordering and governing slaves within
this province, and for establishing a jurisdiction for the trial
of offences committed by such slaves and other persons therein
mentioned, and to prevent the inveighing and carrying away
slaves from their master, owners, or employers.”* Various laws,
dealing with the importation of slaves, manumission, and the
trial of slaves and free persons of color, were passed, from 1792
to 1833, which were summed up in the penal code of 1833.”
There was no radical change in this code during the rest of
the ante-bellum period. As the Supreme Court was not or-
ganized until 1845, statute law was to no great extent supple-
mented by legal decisions* until after that date. —

Until 1811 slaves and free persons of color were tried before
a Justice of the Peace and a jury of not less than seven free-
holders.* However, an act passed in 1811 established a tribunal
for the trial of slaves, placing the jurisdiction in the hands of
the Inferior Court. If a complaint or information upon oath
were received by any Justice of the Peace of any crime having
been committed by a slave or free person of color within the
county over which the Justice had jurisdiction, the Justice issued
a warrant for the accused. At the same time, two or more
justices were notified to meet with the first-mentioned not ex-

1. R. XIX, Pt. I, 216.

Prince, A Digest of the Laws of the State of Georgia; (1837); Hurd, The Law
of Freedom and Bondage, 101-109. ©

24 few of the decisions of the Superior Courts were reported in T. U. P. Charl-
ton, Reports of Cases argued and determined in the superior courts of the eastern
district of the State of Georgia (1824); G. M. Dudley, Reports of decistons made by
the judges of the superior courts of law and chancery of the State of Georgia
(1838); Robert M. Charlton, Reports of decisions made in the superior courts of the

eastern district of Georgia (1838).
‘©. R. XIX, Pe 1, 226.

[ 233 ]

32 PLANTATION SLAVERY IN GEORGIA

“Fetters or Shackles” on them, and by “Moderate whipping
not exceeding twenty stripes in one day.” The profits accru-
ing from the hiring of Negroes by the master went to the up-
keep of the establishment. Fugitive slaves whose masters were
unknown were placed in the work house until their masters
were located. It also served as a place of confinement for Ne-
groes convicted of criminal offences, and for incorrigible slaves,
as well as for slaves who were to be punished at their owner’s
direction. One shilling four pence was charged for each
chastisement.*® 7

The code of 1755, after re-enactment in 1765, was modified
to some extent in 1770. After this date slaves were tried before
a Justice of the Peace and a Jury of not less than seven free-
holders instead of from three to five freeholders.** The capital
crimes were enumerated as follows: homicide of any sort on
a white man (save in defence of a master); attempt to incite
insurrection; rape or attempt to commit a rape upon a white
person; maliciously killing a slave; burglary of any sort of
building; theft; stealing slaves, or enticing them from their
owners; poisoning; and arson. Slaves giving false information
whereby another should suffer wrongly were to suffer the same
penalty as the guilty one.**

/ In most instances slaves were not permitted to compete with
white labor. An act to regulate the hire of porters and the
labor of Negro slaves in the city of Savannah was passed in
1774, for it was held that the “want of Proper Regulations for
the Porterage and Labour of Slaves in the Town of Savannah
is not only Injurious to the Inhabitants in General but greatly
detrimental to the trading Interest in Particular.” This act
required that every person hiring out a slave as a laborer or
porter for any time less than six consecutive days must obtain a
special license from commissioners appointed for that purpose.

*®C.R., XVIII, 558-566. See ibid., XIX, Pt. 1, 121, 481, for instances where pay-
/ment was made to owners of executed slaves. In 1768 Charles Pryce, Esq., was paid
, thirty pounds; in 1773 John Glen, Esq., received a like sum for a slave executed for
\robbery.

‘SS STC.R., XIX, Pt. I, 216. 88 1hid., XIX, Pt. I, 200 ff.

THE SLAVE AND COLONIAL LAW ~ §3

Annual tickets or licenses might be secured also. The licensed
slaves, each wearing a badge, were required to present them-
selves at the Market House each morning for hire. The rate
for the labor of a porter was fixed at one shilling six pence per
day (from dawn to dark), with one-half hour for breakfast,
one hour for dinner, one shilling for a half-day and six pence
for one-fourth day’s labor. For work on board a vessel the
wage was two shillings per day, the owner caring for and feed-
ing the slave. For a hogshead of rum, a pipe of wine, or a
hogshead of sugar landed on top of the bluff, delivered on the
strand, or between the strand and St. Julia Street, ninepence
was the charge; for carrying a bundle, parcel, cask, or other
light goods from the wharves to any part of town, three
pence.*®

The impressment of slaves for military service during the
colonial period should be mentioned. Owners were required
to make lists of all slaves eligible for such service, and in case
they were needed for the defence of the province against the
Spaniards or Indians, the owners received pay. If a slave
showed courage in battle, he was to receive from the treasurer
“yearly and every year a livery coat and a pair of Breeches
made of Good Red Cloth turned up with Blue, and a hat, a
pair of stockings, a Shirt, and a pair of Shoes; that day in every
year during their lives on which such action shall have been
performed, be freed and exempted from all personal Services
and labour to the owners or Managers.”*® Lovers as they were
and still are of bright colors in clothing, what a delight it must
have been to a slave to receive such a reward! The use to which
slaves were put was mainly in the construction of fortifications,
and seldom, if at all, were they armed and treated as soldiers,
for it was thought a dangerous practice to arm slaves save in
cases of the direst necessity. This was, indeed, the experience
of the royal governor, Sir James Wright, during the Revolu-
tion. After the repulse of the allied American and French army

and the restoration of royal government in the province, in

CR, XIX, Pt. Il, 23 ff.
* Ibid., XIX, Pt. Il, 328-329; zbid., XIV, Pt. I, 185, 501, 502.

4-19-1828- , Chicamaugua. Murder.

4-26-1833-ANDERSON, black, slave of White. Covington.
Murder of master, white.

4-26-1833-SOPHIE, black, female slave of White. Covington.
Murder of master, white.

4-26-1833-WARREN, black, slave of White. Covington. Murder
of master, white.

11-23-1833-JOHNSON, John, white, preacher, Milledgeville. Murder
of 13-year-old sister-in-law, white.

12-27-1833-FORBES, , white, Darien. Murder of Col.
Brailsford, white.

1834-SMITH, John Hog, Indian, Walker Co. Murder of another Indian.

12-26-1834-OWEN, Dennis N., white, Macon. Murder of John Manson,
white.

5-8-1835-KING, Thomas, III, white, Camden Co. Murder.
10- -1835-TOOKE, George, Indian, Cassville.

11-27-1835-AMY, black, female slave of , Augusta. Poi-
soning of Mrs. Moran, white.

3-25-1836-BAKESTRAW, Lewis, black, Covington. Murder of wife.

8-10-1838-GEORGE, black, slave of , Augusta. Rape.

8-21-1840-MONDAY, black, slave of M. Dotson, Savannah. Rape of
his mistress, white.

2- -1841-MOSES, black, slave of Dr. William Stokes, Stewart Co.
Murder of Dr. Dr. Kirkpatrick, white.

4-29-1842-MURDOCK, Bartlett W., white, 25, Talbotton. Murder of
John Thurmond, white.

7-1-1842-PETER, black, slave of Sturgis, Augusta. Murder
of female slave, black.

9-5-1842-SWETMAN, James, white, Jackson Co. Murder of Tom White,
white.

10-14-1842-SNEAD, Hamilton, white, Dahlonega. Murder of Hugh
Campbell, white.

4-14-1843- , black, slave of William Foster, Jefferson. Mur-
der of his master, white.

bees
i23,
124,
125.
126.
vy a
128.
129.
130.
Ak.
be

Name of Victim

Allen Wooten
Joseph Took

----- Barron
unknown

David Hudson
George Malloy
Green Saullers
Little Scrutchins
Nelson Hallaway
Sallie Picket
Henry Clay Caswell
Jerry Lamar
Lizzie Davis

- Sam Boseman

Balewick Durigan
unknown d
Abraham Holman
Anderson Pearson
Peter Smith
----- Alfred
Isam Porter
Ralph Jones
Fannie Gilmore
James Jeter
Thomas Perkins
Henry Davis
Hampton -----
Benj. Jackson
Virginia Smith
Wash Gullet
Henry Wade

Henry James

Cato Tomlinson
Thomas Stewart
Robert Stewart
Thomas Robinson
James Swanson
Jesse Ward

Ned Battle

Henry Prescott
W. T. Walker
Elbert -----
George Persons
Margaret Martin
unknown

Margaret Riley
Nancy Finley
Henry Burnes
William Foster
Anderson Aberhart
Sam Ford

Harry Matthews
Clary Matthews
Jack Hill

Ellen Mayne
Howard Payne
Phil Watson

Ella Fellows
Sarah Deadwyle
David Fellows
Peter Farelowugh

146

County

Baker County
Mitchell County
Mitchell County
Mitchell County
Mitchell County
Baker County
Calhoun County
Lee County
Mitchell County
Sumter County
Dougherty County
Lee County
Dougherty County
Dougherty County
Terrell County
Baker County
Stewart County
Stewart County
Schley County
Sumter County
Baker County
Calhoun County
Dougherty County
not given

Schley County
Schley County
Baker County
Baker County
Quitman County
Dougherty County
Calhoun County
Stewart County
Schley County
Schley County
Schley County
Schley County
Schley County
Randolph County
Schley County
Randolph County
Early County
Clarke County
Oglethorpe County
Oglethorpe County
Oglethorpe County
Clarke County
Clarke County
Jackson County
Clarke County
Jackson County
Clarke County
Clarke County
Clarke County
Clarke County -
Clarke County
Clarke County
Clarke County
Jackson County
Jackson County
Jackson County
Clarke County

UP SRE

No.

133.
134.
135.
136.
138.
139.
140.
141.
142.
143.
144.
145.
146.
147.
148.
149.
150.
151.
LSe:
153.
154.
L595.
156;
157.
158.
159.
160.
161.
162.
163.
164.
165.
166.
167.
168.
169.
170.
171.
228
Lis:
174.
175.
176.
L727.
178.
L179.
180.
181.
162.
183.
184,
185.
186.
187.
188.
189.
190.
191.
+92.
£93.

Name. of Victim

Armstrong Jones
Francis Elder
Angeline Brown
Moseby Anderson
Clement Warren
John Baugh

Ben. Simson

Sim Jackson
John Strong
Mary Walker
John Thoinas
Jane Johnson
Lethia Thomas

' Harriet Griffith

Alfred Crane
“Lucinda Marable
Noah: Trasher
Mitchell. Stroud
wohn Arnold
Nancy Flowers
Wilas Armar
Alice Rowland
Allen Jackson
Frank Copeland
Jerry Lynes

Bob Joseph
Dolly Gresham
Adam Hunt

Felix McWhorter
Harriet McWhorter
Jonny Peck
Jonny Peck
Emelin Moore
Tom Brown
Carrie Jackson
Jacob Thomas
Frederick Mitchell
Peter Brewer
Cato Plouging
Orton Johnson
Alfred Ellicks
Charlotte Brown
----- Butler
George Tyler
Reddick Darden
----- Darden
Richard Thomas
Abraham Brigby
William Curtis
Humphrey Curtis
Lyman Scott
Reubin Neil
Samuel Wilson
Isaac Greene
Isaac Greene's wife
unknown

unknown
William Cow
----- Randall
Perry Jeffery
William Jeffery

147

County

Clarke County
Clarke County
Clarke County
Clarke County
Clarke County
Clarke County
Jackson Céunty
Clarke County
Clarke County
Clarke County
Clarke County
Clarke County

“Clarke County

Clarke County
Clarke County
Clarke County
Clarke County
Jackson County
Oglethorpe County
Gwinnett County
Greene County
Greene County
Greene County
Greene County
Greene County
Greene County
Greene County
Greene County
Greene County
Greene County
Greene County
Greene County
Greene County
Greene County
Greene County
Jefferson County
Burke County
Burke County
Burke County
Burke County
Burke County
Burke County
Columbia County
Columbia County
Columbia County
Columbia County
Columbia County
Lincoln County
Lincoln County
Lincoln County
Richmond County
Warren County
Warren County
Warren County
Warren County
Warren County
Warren County
Warren County
Warren County
Warren County
Warren County

Sik do ie Se ea a i

CC iat

THE EIGHTEEN -THIRTIES 81

three young children. Crowder, after the commission of his crime, went to the
back of his lot, cut his own throat with his razor and evidently thought thus
to escape human justice. He was found, however, and lived. His crime was
brought home to him in the most unmistakable manner and he was tried, con-
victed and hung. The occasion was onc of great importance to the people of
this section. It drew an immense crowd to Decatur and the above facts were
given to the Constitution reported by a gentleman stil] living who was present

The Inferior Court order gives a clue to the approximate site of this fiend-
ish crime in that the inquest was conducted by Thomas Kennedy in lieu of

years ago.
Thomas Kennedy, incidentally, was one of the original settlers of De Kalb
County. He was born in Union District, South Carolina, in 1785 and, upon

fever took possession of De Kalb in 1830, Ag related by Sarge Plunkett,8
“Oliver Clarke, * uben Cone, Alexander Corry, Jesse F ain, James White and
William Ezzard formed what was known as the Decatur Gold Mining Com-
pany and went wild in looking for the precious metal. They brought to the
county Kenneth Gillis, a much learned man, who could talk of strata and

The Outstanding natural wonder of De Kalb County, Stone Mountain,
became the subject of a descriptive article in the Macon Telegraph of April 3,
9

“The Stone Mountain is a huge solid peak of solitary rock, three thousand
i les in circumference. The finest view of this
stupendous pyramid js obtained from the castern side. Seen from this point at
a distance, it has the @ppearance of a large dark cloud streaked with thunder

ish gray colour. On climbing it, the shrubs and bushes are scattered so thinly
Over its sides among the crevices, that it appears nearly bald. About half way
up to the right of your path is pointed out a small tuft of scrub cedars and
oaks, designated as the Buzzard’s Roost, from the number of those birds hover-
ing about the spot.

“About a quarter of a mile from the top are seen the remains of a fortifi-

leading to the summit, the only entrance being through a natural passage

Atlanta—Vo], 1-6

THE EIGHTEEN-FIFTIES a4): |

Meanwhile three youths in Atlanta, John Cobb, Jr., Gabriel Jones and
Radford J. Crockett had been observing Mr. Landrum’s movements, and,
under the impression that he had on his person $600 from the sale of the
cotton, determined to follow and secure the money, committing murder if
necessary. Some distance out two of the boys got in the carry-all with their
victim, and, after riding awhile and being joined by the third member of their
party, struck Landrum on the back of the head with slung-shot. ‘They then
carried him into the woods just beyond the present site of the Federal Prison
and, for all their trouble, secured a dollar and half. Landrum had banked the
proceeds of the sale.

Late the same afternoon, Landrum, fatally injured was found by Benjamin
Little, Josiah Gammon and Lawrence Hutchins. He was carried to the home
of Aaron Garrison not for away and, though attended by Dr. Willis F. West-
moreland, died on the Monday following.

Following the assault and robbery, Crockett struck out for his father’s
house in Carroll County, whence he went to Alabama, and was there captured
by a policeman from Atlanta. Crockett at once told the policeman that he
was on his way back to Atlanta, and made a full confession of the whole
affair. He stated that he was induced to return because he could get no rest
for his conscience, and was satisfied that his sins would never be forgiven unless
he was hanged for his crime. His father, Robert Crockett, was an excellent
man, a plain farmer, having removed from DeKalb to Carroll County. Both
parents were religious people and had taken considerable care, within their
means, in rearing their children.

Crockett was confined in the Fulton County jail, and upon being brought
into court, was assigned Charles Murphey of Decatur, as counsel. Col. Murphey
took his client into a private room, and when he returned to the court-room,
his eyes were wet with tears as he announced himself ready for trial. The
solicitor-general (Thomas L. Cooper) read the bill of indictment and asked
young Crockett the usual question, “are you guilty or not guilty?” Immedi-
ately, contrary to the expectation of everybody, Crockett replied in a firm
voice, “guilty, sir.” Col. Murphey then stated to the court (Judge O. A. Bull)
that he had done his best to induce his client to plead “not guilty,” but that he
steadfastly refused to do so, and said that he had committed crime enough,
without adding the sin of lying to all that he had done. Such a scene had
never before been witnessed in the Fulton County Court House. The court
sentenced Crockett to be hanged and he paid the supreme penalty in June,
1858, on a scaffold erected on the site of the old Fraser Street school, corner
Fraser and Love streets, Southeast.

Meanwhile Cobb and Jones had been apprehended by police officer Duke
H. Branan, as they were walking along the Georgia Railroad near the Decatur
depot.

Cobb stood trial separately in October, 1858, being represented by Clark
& Lamar, A. W. Hammond & Son and Overby & Bleckley. Though doubtless
guilty he was convicted on circumstantial evidence. When the jury, M. R.
Morgan, Foreman, brought in a verdict, Cobb’s eagle eye never quailed, and
there was not a tremor in his muscles when the verdict of “guilty”? was read.
He was sentenced to be hanged, but carried his case to the Supreme Court,
where the judgment of the lower court was affirmed. The sentence was car-
ried out on Friday, July 8, 1859, at the same place where Radford Crockett
had been executed the year before.

THE EIGHTEEN-FIFTIES 359

Graham boarded at the Diamond home and the location of his room, Frank
slipped into the house about midnight. The room in which Graham was
sleeping upon his left side with his face to the wall, was receiving the full light

of the moon, presenting the slave with a perfect target. He struck the sleeping

man upon the head with the pole of an axe, inflicting a blow from which
Graham died on June 24th. His mission accomplished, T’rank. departed for
Atlanta, again by foot via the Georgia Railroad, reaching the city after day-
light, where he was arrested as a runaway and confined in the calaboose.*!

Suspicion first fell upon Steve, a Negro houseboy owned by Graham.
Nothing could be proven against him, and subsequent events pointing to Frank,
he was brought to Stone Mountain by Michael Winningham and finally con-
fessed. He was indicted by a De Kalb grand jury on July 11th and the case
“The State vs. Frank, a Slave Belonging to the Estate of William H. Graham,”
came on for trial July 13, 1853. The defendant was found guilty of murder by
a jury of which Algernon S. Robbins was foreman, and was soon after hanged.*”

A typical ante-bellum problem in the Atlanta area was that of stray live-
stock, and the fact that justices of the peace were not always prompt in dis-
charging their responsibilities in that connection is illustrated by the following
paragraph from the grand jury presentments for the second week of the Octo-
ber, 1853, term:

“cc

We also find the Estray Books properly kept but regret to find
several delinquent Justices of the Peace. There are no returns of the disposi-

tion made of the following Estrays: One Bull posted 10th Dec. 1852, before

A. P. McCool, J.P.; one mule posted 25th Sept. 1852 before William Golds-
berry, J.P.; Cow and calf and one hog posted in 1852, one sow and sow and
pigs posted in 1851, and one ox posted in 1850, all before H. Casey, J.P. We
desire to call the especial attention of the Justices of the Inferior Court to
these delinquencies and to urge on them strongly the necessity of adopting
prompt megqsures to correct these evils.”

Ira O. McDaniet, Foreman."

The Atlanta business and industrial picture of the early 1850's gave
promise of greater things to come.

‘Number of stores, exclusive of retail liquor shops, 57.

Large cotton warehouses, 4.

Amount of goods sold from Dec. 15, 1850 to December 15, 1851, $1,017,000.

Amount of Georgia and Tennessee produce sold, exclusive of cotton, for same
period, $406,000.

Amount of cotton received and sold, during same period, 35,500 bales.

Amount of money advanced by bank agents to buyers in Atlanta and neighbor-
ing villages, and bills drawn against cotton shipped to Augusta, Savannah,

Charleston and New York, $1,250,000—making, in round numbers, ex-

change or mercantile transactions over $2,500,000.

“Nor does this include large quantities of Georgia and ‘Tennessee produce,
received and sold here by the owners, the larger portion of which would prob-
ably go into stores here, were there any banking or other suitable accommoda-
tions for advancing on the same.

“There is in this city one steam flouring mill,—investment, $35,000,-—-the
operations of which may be placed at $150,000 per annum.** One iron
foundry and machine shop—cash operations, $20,000 per annum.*® Three

698 ATLANTA AND ITS ENVIRONS

and the group was again brought together in 1912 when the second Mrs.
Grant and widow of James R. Crew was laid between her two husbands.
Crew Street in Atlanta perpetuates the memory of the good citizen whose name
it bears.

Dennis Harris, the murderer, after committing several local burglaries,
was caught, convicted and hanged at Irwinton, Georgia, in late 1866. His
confederates escaped.*°

During the same month in which James R. Crew died, the City Hall
neighborhood acquired a new and distinguished resident. Ex-Governor Joseph
E. Brown, having received his pardon from the Federal authorities in Septem-
ber, 1865, was casting about for a place to live. His tenure in the governor's
mansion at Milledgeville being over, and the houses on his farm in Cherokee
County having been burned, he decided upon Atlanta. Sidney Root, whose
business had been swept away by the war, was preparing to move to New York
City, and sold his home at Washington and Jones Street (now Woodward
Avenue) to the Governor for $20,000 cash. In December the latter moved his
family to Atlanta, where he continued to live in the same home, now the site
of the Central Night School, 345 Washington Street, until his death in 1894.®*

The Atlanta of 1865 was not a placid place and was certainly no Mecca
for those seeking a quiet unhurried atmosphere. Sidney Andrews, a correspond-
ent for Boston and Chicago newspapers, paid the city a visit in the fall of that
year and recorded his observations and impressions. They reveal a town much
more akin to the West than to the old South:

“From all this ruin and devastation a new city is springing up with mar-
velous rapidity. The narrow and irregular and numerous streets are alive from
morning till night with drays and carts and hand-barrows and wagons,—with
hauling teams and shouting men,—with loads of lumber and loads of brick
and loads of sand,—with piles of furniture and hundreds of packed boxes,—-
with mortar-makers and hod-carriers,—-with carpenters and masons,—with
rubbish removers and house-builders,—with a never ending throng of pushing
and crowding and scrambling and eager and excited and enterprising men, all
bent on building and trading and swift fortune making. Chicago in her busiest
days could scarcely show such a sight as clamors for observation here. Every
horse and mule and wagon is in active use. The four railroads centering here
groan with the freight and passenger traffic, and yet are unable to mect the
demand of the nervous and palpitating city. Men rush about the streets with
but little regard for comfort or pleasure, and yet find the days all too short and
too few for the work in hand. The sound of the saw and plane and hammer
rings out from daylight till dark, and yet master-builders are worried with
offered contracts which they cannot take. Rents are so high that they would
seem fabulous on Lake Street, and yet there is the most urgent cry for store-
room and office-room. . . . Atlanta secms to be the center from which this new
life radiates; it is the great Exchange, where you will find everybody if you
only wait and watch. I saw it with wonder, and think of it with ever increasing
wonder. The very genius of the West, holding in the one hand all its energies
and in the other all its extravagancies, is there; not sitting in the supreme ease
of settled pause, but standing in the nervous tension of expected movement.
What is thus affirmed of Atlanta is to a less extent true of twenty other places
in that quarter of the state.” 8?

1 ha Sh
=A nr pat
VE een ee
; >
tiGhb ELEC Ra woe: rATE oF ¢ orGih
Wee wy gE ARLE — gail ee
1924 17 a 4949 7 19
N92 4940 16
19200. 8 i947 A
| a “ohb Yee
4928: 0.7 5 4ON9 4" 8
1929 5% \2 4990717 ay
1930 7 1954
1931 * +) 4952. deem
1932 ~ 12 1999.7 8
193950 1h 1994 42
‘ 193% 19 1999-34 ly
a 1939. 7 23 49967 6
Meet ‘oat ek
; CKY ane 16 1998 7 6
i : 1938 7 5 (ooo rt
4939 1960
| 1940.7 14 A961 f 3
y9o4l 7 1962
942° 1 1963.5." ys
4943. 7 \8 3964
y9bk © 10 TOTAL ~
; gotal + el errooste? ac oid priso® Par™
maLheee LLCs ceot ete . - - eae we a
woras Pe ' “pect toot a gcorat® grate
priso™ easy Le, gcor et - Paid
mur de** 715 White mares
267 moLotes mares
1 Color? gemale
naps 4 White males
4 GO ored apes

eal

262 PLANTATION SLAVERY IN GEORGIA

There was a tendency to mitigate the harsh sentences, and
many were the pardons granted in an effort to “let the punish-
ment fit the crime.” In 1805 Governor John Milledge, upon
the presentation of a petition signed by the leading citizens of
Greene County, pardoned Peter, a slave of James Tears, sen-
tenced to death for house-breaking, provided that he be sent
from the state; and the same year Walley, the slave of James
Jackson of Jefferson County, convicted of robbery and sen-
tenced to death, was also pardoned by the governor upon the
petition of the jurors.*° Two years later Governor Jared Irwin
remitted a portion of the sentence passed upon Quam, a slave
of Hancock County, who had been convicted of house-burning
and sentenced to one hundred lashes, and then if the slave

should be found in the state he was to be hung. Upon the’

petition “of sundry respectable characters, inhabitants of the
County,” the latter part of the sentence was remitted.** An
unusually harsh sentence was passed upon the slave Harry,
property of Charles Cotesworth Pinckney, at Riceborough,
Liberty County. Harry, found guilty of “assaulting and
feloneously firing at Mr. John Bee,” received the following
sentence: “To be on each Wednesday and Saturday for the
Term of six weeks ... given twenty-five lashes on his bare
buttocks until he shall receive three hundred lashes, and then
one of his ears shall be taken off.” If, after the infliction of one
hundred lashes, a bond of five hundred dollars be given, and
the slave taken out of the United States, the rest of the sen-
tence was to be remitted.’* Harry sought to escape his penalty
by running away, but was taken. As a result of his capture
Harry had been wounded, and, as a consequence lost his leg
and part of the thigh; upon the recommendation of the justices
of the Inferior Court, who believed that Harry had suffered
ufficiently, Governor David B. Mitchell pardoned him.

It had been urged repeatedly by various governors in their
messages to the legislature that the slave code should be revised

1° Minutes of the Executive Department, April 1805-January 1806, 29, 30, 208,

209.
4 [bid., Sept. 1806-June 1808, 184, 185 ™ Ibid., Nov. 1809-Dec. 1810, 95.

CRIME AND PUNISHMENT 263

so as to mitigate the harsh penalties, but nothing was ever
done. The executives continued to pardon. John Forsyth, for
example, remitted the branding part of a sentence passed upon
the slave Charles, of Richmond ‘County, convicted of man-
slaughter; and likewise, in the case of the Negro woman Aggy,
convicted of voluntary manslaughter, and sentenced to seventy-
five lashes on three successive days, and branding with the let-
ter M, the latter part was remitted,**? but the owner was
required to take her from the state.

Branding as a penalty had been prescribed more particularly
with a view to protecting distant and innocent purchasers from
acquiring criminals. Robert Billings, Esq., of Oglethorpe
County, petitioned the governor in 1810 to pardon his slave
Jim, sentenced to be hung, basing his request upon his igno-
rance of the sentence at the time of the purchase of the slave.
Billings was evidently the victim of an unprincipled slave-
owner. In refusing to grant the pardon the governor said: “It
is to be observed that the purchaser has a clear remedy against
the vendor for the value of the Negro under the warrantee
title.”**

In order to relieve themselves of the responsibility, many
slaveowners, especially in the towns, used the constable, or
town marshal, to punish unruly slaves. The city of Macon
assessed guard-house fees to cover such situations. For ex-
ample, the fee for committing a slave or free person of color
to the guard house was 75 cents; for correcting a slave when
ordered by his or her master, 50 cents; dieting, lodging, and
bedding were furnished by the master.° Emily Burke, a New
England school teacher who was in Georgia about 1850, de-
scribed the public whipping place where masters sent their
slaves to be corrected, for, she said, “the laws of the city (Sa-
vannah) forbid a master to whip his slave.”1° She stated that

8 Minutes of the Executive Department, Nov. 1809-Dec. 1810, 18, 64.

“ Ibid., Nov. 1825-Nov. 1829, 497, 628, and passim.

* The Charter and Ordinances of the City of Macon, 1827 to 1858, 321.

There were ordinances against cruel treatment of slaves, unnecessary and ex-
cessive whipping, beating, mutilating, or hunting with dogs, but Miss Burke is in
error in stating that no owner was permitted to whip his slave. See, 4 Digest of

268 PLANTATION SLAVERY IN GEORGIA

a most brutal case of rape, with an attendant murder, occurred
in Franklin County. Lank, and his son Jerry, slaves, way-
laid a white woman, choked her to insensibility, ravished
her, mutilated the sexual organs, and left her dying in a
grove of pines. A third Negro, a fifteen year old boy, wit-
nessed the crime. All three paid the supreme penalty.*® In
1854 the slave Stephen, the property of Nunn Miller, an absen-
tee proprietor, attacked Mary, the daughter of the overseer,
while the latter was absent at a “house raising.” Because of the
youth of the girl, Stephen was unable to accomplish his pur-
pose, but she was badly bruised. An error in the indictment
led to a new trial, and the case came before the Supreme Court.
The decision of the lower court was affirmed, and the slave was
executed.*®

Sometimes the sequel to a heinous crime was a lynching. In
1851 Columbus was the scene of an outbreak of this sort. A
Negro man had been tried and condemned in the Superior
Court on the charge of having attempted to commit rape upon
a small white girl in the community. A new trial had resulted
in conviction, and the sentence was about to be executed.
Some individuals, believing the Negro to be innocent, under-
took to secure his pardon, and a petition was circulated to that
end. Governor Towns granted the pardon. Meanwhile the
people, filled with morbid curiosity, had flocked to Columbus
to witness the execution, and great excitement prevailed when
the news of the pardon arrived. A mass meeting was held at
the market house and resolutions passed to the effect that the
mob should demand the prisoner at four o’clock in the after-
noon, and that force be used if necessary to obtain the Negro.
The notes of the market bell called the excited mob to its grim
task; the sheriff refused to surrender the Negro; the jail was
stormed, and the miserable prisoner dragged forth and hung.

% Records of Franklin County, “Minutes of the Superior Court, 1846-1857.”

State vs Lank and Jerry.
% Records of Houston County, “Minutes of the Superior Court, 1851-1854.”

State vs Stephen.

CRIME AND PUNISHMENT 269

The editor of the Columbus Sentinel*" spoke of this action
as the “most high-handed and humiliating act of violence that
it has ever been our duty to chronicle.” The trial had been fair,
just, and the best legal counsel the bar afforded given the Negro.
“It was dangerous for the people to undertake to meddle with
the majesty of the jury trial,’ the editor continued, and the
action of those circulating the petition for the pardon of
the convicted Negro was as much to be condemned as that of
the mob that hung him. “Each proceeded from a spirit of
discontent with the decisions of the authorized tribunals; the
difference being that in the one case peaceful means were used
for the accomplishment of mistaken mercy, and in the other
violence was resorted to for the attainment of mistaken jus-
tice.” In a letter to Governor Towns, John Forsyth stated that
he did not doubt the innocence of Jarrett, the slave referred to
above.*®

Crimes other than rape resulted in lynching. In 1857 a

~mob stormed the jail:at Louisville, with the aid of four small

cannon, where four Negroes, charged with murdering the
Joyce family, were incarcerated. Three of the Negroes were
hung, while the fourth committed suicide by cutting his throat
with a razor as the mob clamored without the jail.2° Three
years later the people of Talbot County became aroused over
the murder by a slave of a storekeeper named Darden; a mob
formed, but Judge Worrell and other influential citizens of the
town of Talbot dispersed the gathering and saved the Negro.*°

There are a few cases of slave suicide recorded. In 1829 a)
servant woman of Bibb County, named Pounds, hung herself
in her cabin. Her owner was at a loss to account for the act as
she had been kindly treated, was only thirty years old, and
had just given birth to a healthy child. No reason could be
advanced unless it was that she had been expelled from her
church for having “taken up with another woman’s hus-

* Columbus Sentinel, August 16, 1851. Also quoted in Phillips, American
Negro Slavery, 461 ff.; Augusta Chronicle, Aug. 17, 1851.

8% Columbus Times, Aug. 16 and 26, 1851.

® Georgia Telegraph, May 26, 1857. ® Ibid., Aug. 23, 1860.

Sine ae DOM ae

266 PLANTATION SLAVERY IN GEORGIA

woman and a young girl, servants in the house, assaulted Mrs.
Bryant, wife of the overseer, hitting her about the head and
shoulders with an ax. Great excitement prevailed in the com-
munity, and the slaves were carried to Perry, and placed in the
jail to avert a lynching.*® The old woman was described as “a
very bad character.” The lives of the two Negroes atoned for
that of Mrs. Bryant.

There was some justification for the Southern hatred and

fear of the abolitionists, as their methods were considered dan-

gerous to society. An instance in this connection was the
murder of Jasper Murray, the overseer on the plantation of
Samuel M. Carter, by one of the slaves. An abolitionist named
Sneed instigated.the murder, promising the Negro money and
a trip to the free states upon the consummation of the deed.**
The presence of incendiary literature distributed by the aboli-
tionists, and the discovery of an occasional agent in their midst
served to inflame the public mind to such an extent that an
eagle eye was on the watch for the wolves in sheep’s clothing.

The presence of sullen, revengeful slaves rendered the
thread of the slave-owner’s life even more brittle than would
otherwise have been the case. While eating his supper, Wil-
liam Pierce told one of his slaves that after the meal he would
be punished for some misdemeanor. The Negro feigned sub-
mission, but as soon as Pierce came near enough, struck him
with an ax, splitting his head. The editor of the Albany Pa-
triot, Nov. 13, 1856, expressed the hope that the Negro would
be lynched. In 1863 two Negroes were hung in Perry for
murdering their master,?* while the following year, in Bibb
County, a slave was hung for assaulting his owner, Thomas
J. Love.2® However, if a single individual of the slave régime
may be singled out for the chief object of the slaves’ hatred, it
would be the overseer. The eminent scientist, Joseph LeConte,
found his slaves in Liberty County willing to remain on his

°° Journal and Messenger, April 14, 1858.

7 Columbus Daily Sun, Feb. 27, 1860, quoting the Memphis Avalanche.

*8 Macon Telegraph, Oct. 26, 1863.

™ Records of Bibb County, “Minutes of the Superior Court,” X, case of State vs
Floyd, A Slave.

CRIME AND PUNISHMENT 267

plantation after the Federal troops, who had overrun the
county, had promised them freedom, if the overseer Calder was
discharged. “In fact they seem to think their day of deliver-
ance from overseers was come,” wrote LeConte.*°

Arson, burglary, and poisoning, all capital crimes, were not
as common as murder or assault to commit murder. Wherever
they did appear, however, they were dealt with promptly. In
1837 Sally, the property of James Goddard of Bibb County, was
hung for an attempt to poison her master with arsenic.?? The
possibilities for revenge through this channel led to the passage
of laws prohibiting the employment of slaves or free persons of
color in drug stores or places where they might gain access to
poisons, and prohibiting them from administering medicine.
In 1833 Cain, overseer on the Jefferson County plantation of
Alexander Telfair, wrote his employer that Darkey, one of the
women, upon being “moderately corrected,” had terrorized
the household by threats of poison.**

There is a tradition in the South that the violation of white
women by Negroes is one of the evils of emancipation, and that
rape was unknown before 1865. The cases already mentioned
disprove this. Additional information, however, should be
noted. In 1811 the governor issued a proclamation offering a
reward of one hundred dollars for the capture of Jess, a slave
who had ravished a white woman of Jones County.** In 1827
a Negro, convicted of an attempt to commit rape, was sen-
tenced by the Inferior Court of Jasper County to castration and
deportation. The editor of the Macon Telegraph, July 16,
1827, in an editorial headed “Softening the Law,” scored the
court for its laxness. The same year, however, a slave was
executed at Forsyth for rape upon a white woman.** In 1846

Joseph LeConte, A Journal of Three Months’ Personal Experience During the
Last Days of the Confederacy, 61. MS. in the possession of Mrs. Emma LeConte
Furman, Macon, Ga.

* Records of Bibb County, “Minutes of the Inferior Court, 1837”; Georgia Tele-
graph, May 16, 1837.

® Plantation and Frontier, Il, 39.

* Minutes of the Executive Department, 1811-1812, 71-72; Augusta Chronicle
March 29, 1811.

** Macon Telegraph, June 20, 1827.

264 PLANTATION SLAVERY IN GEORGIA -

she had seen slaves “dragged to this place of cruelty with their
hands tied behind them, attended by two or three white men,
who made free use of the lash over their heads and shoulders,
while they called upon all the powers’ of darkness, accom-
panied by profane oaths, to curse their masters, or implore God
to redress their wrongs, according to the spirit of the suf-
ferer.”*7 Charles Manigault instructed the overseer at
“Gowrie” to send Jacob, a refractory slave, to the Savannah
jail and to “give him prison discipline & by all means solitary
confinement for three weeks,” and just before bringing him
home, to have the officers “jog his memory again.”** Upon
the complaint of a man named Anderson that a slave of Car-
ter’s whom the former had hired was impudent and indolent,
Carter instructed that the slave be arrested by the marshal,
jailed, and whipped every Monday morning until the hirer was
satisfied. Just how widespread was this practice of using the
authorities to punish slaves is impossible to determine from
the material extant, but certainly it was done, especially in the
towns. In 1854 a Grand Jury of the Richmond County Su-
perior Court presented as a nuisance “the use of the Guard
Room in the City Hall as a place of public punishment for
Negroes,” and requested that the town council of Augusta put
a stop to it.?° a

/ The pressure of slave circumstances sometimes resulted in
Negro felonies, as an instance occurring in Baldwin County
shows. In 1864 Becky, a young slave woman, had given preg-
nancy as an excuse for her idleness. Her dubious owner gave
notice that she was to be examined, and in the event that her
condition had been misrepresented, Becky was to be whipped.
Two days later the mid-wife announced the birth of Becky’s
baby. At the same time, however, a near-by planter missed a

the Ordinances of the City of Savannah, 423. An examination of the town records
reveals no such ordinance.

7 Reminiscences of Georgia, 43-44. 8 Plantation and Frontier, Il, 31-32.

” Farish Carter to Anderson (copy), Oct. 1, 1853. Carter MSS. Also see letter
from Anderson to Carter, Aug. 5, 1853.

Records of Richmond County, “Minutes of the Superior Court,” 1852-1855;
Vol. 19, 34.

ae Se Re PSE ge Ee ee ees ven Se SO. tz a” ey ee eee eee oe
aie ae ae Fil 5 Se ee NEO FRE a Saget Rk” Tee) ee

CRIME AND PUNISHMENT 265

nine-months-old child from his quarter, and began a search.
The baby was found in Becky’s cabin, with its teeth pulled and
the tip of its navel cut off. The child died, and Becky, charged
with murder but convicted of manslaughter, received a sen-
tence of two hundred lashes.”! More often, slave-owners forced
their slaves to commit misdemeanors. Thomas Napier of Bibb
County, for example, caused his slave to cut down five trees,
“thereby endangering the health of the people of the city of
Macon,” trees which were-valued-at-ten dollars.”*
Of the numerous cases of murder by slaves recorded, the)
majority were committed upon overseers and masters, usually |
because of cruel treatment. In 1829, for example, Malcolm
Dickerson, overseer on the plantation of Joseph Stiles on Green
Island, seventeen miles from Savannah, was murdered by three
slaves. Dickerson had been struck on the head with an ax,
and buried in a marsh. The slaves, becoming frightened, con-
fessed and disclosed the place of burial.°* The overseer on the
Dougherty County plantation of William S. Holt, of Bibb, was
about to whip one of the slaves in his care for some misconduct
when the Negro broke and ran for the swamp. Taking two
slaves with him, the overseer pursued, but all three slaves
pounced upon that unfortunate individual when they reached
the swamp, killed him, ripped open his bowels, and concealed
the grisly evidence of their crime in the swamp. Later the
slaves confessed.** In 1860 Patrick Carrol, overseer, was
murdered in Randolph County. He had ordered a Negro to
complete a piece of work, and in the quarrel that ensued, the
Negro struck him on the head with a fence rail.” At least
one instance is recorded where the wife of the overseer was
the object of wrath. On the plantation of Major Belvin, one
of the leading planters of Houston County, an old Negro

*1 Confederate Union (Milledgeville) March 1, 1864, as cited by Phillips, Amer-
ican Negro Slavery, 456.

2 Records of Bibb County, “Minutes of the Inferior Court, 1822-1842,” 53. 54.

* Macon Telegraph, July 4, 1829.

* Georgia Citizen, May 20, 1857; Columbus Daily Sun, May 21, 1857. For an-
other instance see Albany Patriot, Jan. 13, 1854.

* Columbus Daily Sun, April 24, 1860, quoting Cuthbert Reporter.

SMR gdh Reet caer Mery Ne

Ree ead

LEGAL ELECTROCUTIONS IN TUF STATE OF GEORGIA

perry, Arthur
Mack, Arthur
Williams, John Henry

Wright, Wilson
Harvey, Floyd Nelson
Vaughn Je Pe
Barker, Arthur E.

Hunter, Marion
Sheffield, Clarence
Bruno, Sheppard
Bivins, James @ Gene

RACE & COUNTY OF
NAME SEX CONVICTION
Pierce, Victor Clayton
Rivers, Albert Sereven
ue | Ashley, Isiah Appling
‘ Harden, Henry Washington
Stone, Charlie Fulton
: Roasley, Charlie Troup
Mullinax, Robert Floyd
Hicks, Cleveland @Jones Mitchell
Reese, J. Be G Adams jackson
oe ’ Gaines, Simmie Ogliethgrpe
VicRae, George Cherokee
Mattox, Jack Oglethorpe
Honea, Marvin Fulton
y White, John Will Cobb
3 Bowen, Eddie B. Douglas
+ Simmons, John Henry Camden
is Nelson, Thomas Camden
ie, f me LOWMAN Julius Chatham
s McLemore, Hamp Muscogee
* Thomas, John Henry Clarke
a Daniel, John Hall
By Charles, Demps Hall
7; Coombs, Arthur @ Powell Henry
- Boyer, Winton Hancock
; Sloan, John Henry Colquitt
Mi Burden, Arthur -
Ne Burke, James @ Joseph Richmond
Goodman, J. P+ peKalb
mee LAEY Will Cook
Aut Melton, Eli Muscogee
ie Brown, Leonard Richmond
bi 5 Trammell, Mose Troup
¥ Hopkins, Willie Burke
a Rose, Edgar @Robt .Taylor Dougherty
Worthy, James @Tyson Fulton
z A Young, Gharlie Burke
a Jackson, Mitchell Fulton
% Douberly, Willie E, Chatham
ie ward, Lawrence jeff Davis
ei Pinson, Clinton Fulton
fe Daniels, Willie Frank Clarke
4 Haywood, Archie Worth
hy Thomas, George Fulton
ty Rozier, Leavy L- Ware
mt) Benton, Ralph Fulton
oh Melton, Walter @Roberson Charlton
McBride, Lsaac Clinch
Etheridge, Buck Henry
‘ Knight, Frank Bryan
pt Ye ae Gilbert, George Troup
2 Rucker, Charlie Butts
ay Russell, Willie D, Cobb
m Carter, Raymond Butts

Muscogee
Muscogee
Butts

Chathan
Ware
Walton
Gwinnett
Chathan
Ware
pougherty

Schicy

DATE
CRIME EXECUTED
Muxder 3-29-35
Rape 4-5-35
Murder bye5 935
Murder 5-10-35
Rape 5-10-35
Murder 6-14-35
Murder 6-14-35
Murder 7-12-35
Rape 7-19-35
Murder 10-10-35
Murder 10-18-35
Mur dex 11-22-35
Muxdex 12-20-35
Murder 42-20"35
Murder 3-6-36
Murder 3-20-36
Murder 3-20-36
murder 4-25-36
Rape 4-10-36
Murder 8-6-36
Murder 6-21-36
Mur der 8-21-36
Rape 11-12-36
Mur der 12-4-36
Murder 12-31-36
Murder 2-24-37
Murder 4-19-37
Murder §-14-37
Murder 5-21-37
Rape 5-21-37
Murder §-24637
Murder 5-28-37
Rape 6- 14-37
Murder 6-18-37
Murder 6-18-37
Murder 6-25-37
Mur der 7-79-37
Murder 7-30-37
Murder 8-13-37
Murder 9-29-37
Murder 12-27-37
Mur der 5-6-38
Murder 5-13-38
Rape 6-17-38
Murder 10-28-38
Mux der 10-28-38
Murder 11-4-38
Murder 11-10-38
Rape 11-25-38
Rape 11-30-38
Murder 12-9-38
Murder 12-9-38
Mur der 12-9-38
Murder 12-9-38
Murder 12+-9-38
Murder 12-9-38
Murder 1-25-39
Mur der 6-23-39
Rape -7 -39
Muxder 7-26-39
Murder 6-4~39
Murder 9-29-35
Muxder 11-1773
Murder 11-21-39

444 ATLANTA AND ITS ENVIRONS

Item #4. I give and bequeath to my first wife Frances E. Chivers, the
sum of one dollar, and to her daughter Frances Chivers the sum of one
dollar, and I declare these sums to be all I intend to give them of my property.

Item #6. I desire my dear friend the Rev. John Gresham to take charge
of my writings and edit my books for publication.*7
_ According to tradition the first item of the will was carried out and the
poet was buried by his front door step. However this may be, he now rests
in the old Decatur Cemetery under a substantial box tomb surmounted by a
draped urn. It is inscribed:

HERE LIE THE REMAINS OF
THOMAS H. CHIVERS, M.D.
OF HIS EXCELLENCE
AS A LYRIC POET
HIS WORKS WILL REMAIN A
MONUMENT FOR AGES,
AFTER THIS TEMPORARY TRIBUTE OF LOVE
IS IN DUST FORGOTTEN.
THIS SOUL WINGED ITS FLIGHT
HEAVENWARD
DECEMBER 19rTn, 1858
AGED 52 YEARS.?®

Oblivion swept quickly over the name of Chivers, a poet born out of time
and place. Had he been of the North, the literary coteries there would surely
have pruned and preserved him. Had he come but a little later, his technique
would have been better, and would have found a prepared public. But time
and space were against him. Then, to the aid of Oblivion came General
Sherman, en route to the sea. The poet’s house lay in the line of march; but
Mrs. Chivers was a Northern woman, and the house still stands. It is said,
however, that many of the manuscripts suffered.*®

The marriage of Emma I. Chivers, eldest daughter of the poet was de-
scribed in the Atlanta Constitution of September 16, 1880:

“Decatur, Ga., Sept. 15. One of the social events of the week was the mar-
riage this evening of Miss Emma Chivers, an accomplished brunette of this
place, to Mr. Jerome C. Potter, of New Haven, Connecticut. The wedding
was strictly private—none but the immediate relatives of the happy bride and

_ a few intimate friends being present. ‘The ceremony was performed in a most

impressive manner by Rev. Donald Fraser.”

Thomas H. Chivers, Jr., became a merchant in Decatur, and served for
a time as a local constable. He died January 7, 1892, age 38. His mother,
born 1819, and widow of the poet died March 25, 1888. Both are buried in
the Decatur Cemetery.*°

The first two legal executions in Fulton County were a result of the
murder of Samuel B. Landrum on April 8, 1858. Landrum, a man of about
sixty and a resident of Carroll County had come to Atlanta to sell some cotton.
Before returning home he decided to pay a call on A. R. Almond, an old friend,
who lived several miles out on the McDonough Road. Accordingly he left
Atlanta during the forenoon of Thursday, April 8th, riding in a carry-all drawn
by a single mule.

THE NINETEEN HUNDREDS 625

“... The Journal cares absolutely nothing for Frank, or for those who

were engaged in his defense or prosecution. If Frank is found guilty after a
fair trial, he ought to be hanged and his case should be made a horrible ex-
ample to those who would destroy human life, for generations to come.

“Leo Frank has not had a fair trial. He has not been fairly convicted and
his death without a fair trial and legal conviction will amount to judicial
murder.

“We say this with a full understanding of the import of our words and
the responsibility that rests upon us in making this appeal. We do so, not in
disrespect for the court or the lawyers or the jury. They did the best they
could with the lights before them. We honor them for faithfully performing a
most unpleasant duty as they saw it.

“But this we do say without qualification: it was not within the power
of human judges and human lawyers and human jurymen to decide impartially
and without fear the guilt or innocence of an accused man under the circum-
stances that surrounded this trial.

“The very atmosphere of the courtroom was charged with an electric
current of indignation which flashed and scintillated before the very eyes of
the jury. The courtroom and streets were filled with an angry, determined
crowd, ready to seize the defendant if the jury had found him not guilty.
[Frank was in the Fulton Tower, not the courtroom, when the jury brought in
its verdict.] Cheers for the prosecuting counsel were irrepressible in the court-
room throughout the trial, and on the streets unseemly demonstrations in
condemnation of Frank were heard by the judge and jury. The judge was
powerless to prevent these outbursts in the courtroom and the police were
unable to control the crowd outside.

“So great was the danger that the Fifth Regiment of the National Guard
was kept under arms throughout a great part of the night, ready to rush on
a moment’s warning to the protection of the defendant. The press of the city
united in an earnest request to the presiding judge to not permit the verdict
of the jury to be received on Saturday [it was received on Monday] as it was
known that a verdict of acquittal would cause a riot such as would shock the
country.and cause Atlanta’s streets to run with innocent blood. Under such
indescribable conditions as these, Frank was tried and convicted. Was a fair
tnal, under such circumstances, possible?

“The evidence on which he was convicted [all circumstantial, but on the
strong side] is not clear. Suppose he is hanged and it should develop that the
man was innocent as he claims? The people of this state would stand before
the world convicted of murdering an innocent man by refusing to give him
an impartial trial. Such a horrible thing is unthinkable. And yet it is pos-
sible; yea an absolute certainty that we are going to do that very thing unless
the courts interfere.

“Ought Frank to have a new trial? The question carries its own answer:

“Let Justice be done, though the Heavens fall.”

The Journal editorial, obviously written with a feeling of deep conviction,
did not win a new trial for Frank. But it brought a new character into the
drama, ‘Thomas E. Watson, long an arbiter of Georgia’s violent politics, previ-
ously silent in connection with the case, read the editorial and jumped in
head first. Through the columns of The Jeffersonian, which he edited, he
demanded to know what right newspapers had to dictate to the courts. He

Atlanta. Vol. 11-40

626 ATLANTA AND ITS ENVIRONS

attacked Vrank’s character unmercifully, and seized the opportunity to drag
the case into politics.*!

On April 16, 1914, a stay of execution was obtained on an extraordinary
motion for a new trial, which was denied, and the case was then carried to
the United States Supreme Court on a writ of error. This was decided against
the prisoner on December 7, and two days later Frank was sentenced for the
third time, to be hanged on January 22, 1915. Before that date the case came
before the Supreme Court again on an application for a certificate of reason-
able doubt, which was dismissed on April 19, 1915.7?

Frank was left without further resort in the courts. His attorneys then
applied to Governor John M. Slaton for a commutation of his sentence to life
imprisonment. On May 31, there was a hearing before the State Prison
Commission, which submitted a divided report on June 9, two of the mem-
bers being opposed to the application and one in favor of it. The matter was
up to Governor Slaton.‘*

Kor the next twelve days the Governor reviewed the record in the case
thoroughly and thoughtfully. During that time he received a thousand and
his wife at least a hundred letters, threatening them with death and the de-
struction of their home if the sentence should be commuted. On the night of
June 20, Governor Slaton worked in_ his downstairs library until 2 o'clock,
preparing a statement and drawing the order. When he went upstairs, Mrs.
Slaton asked, “Have you reached a decision?” “Yes,” replied the Governor.
“It may mean my death or worse, but I have ordered the sentence com-
muted.” Mrs. Slaton kissed him and said, “I would rather be the widow
of a brave and honorable man than the wife of a coward.”"

More than a year before, Judge Roan had written a letter which was
submitted to the Governor by his attorneys. He said, in part:

“ ). T shall ask the prison commission to recommend, and the Governor
to commute, Frank’s sentence to life imprisonment.

“It is possible that I showed undue deference to the opinion of the jury
in this case, when I allowed their verdict to stand. They said by their verdict
that they had found the truth. I was still in a state of uncertainty, and so
expressed myself.

“After many months of continued deliberation I am. still uncertain of
Frank’s guilt. This state of uncertainty is largely due to the character of the
negro Conley’s testimony, by which the verdict was evidently reached. . . hai

The Ictter may have been written in contemplation of death, for the
Judge passed away in a New York hospital on March 23, 1915.*°

Slaton could have easily passed the decision to his successor, Harris, for
his term ended on June 22. This he did not choose to do. His careful stud)

of the case led him to the following conclusion:

“The performance of my duty under the Constitution is a matter of my
conscience. The responsibility rests where the power is reposed. Judge Roan,
with that awful sense of responsibility, which probably came over hint as he
thought of that judge before whom he would shortly appear, calls to me from
another world to request that I do that which he should have done. I can
endure misconstruction, abuse and condemnation, but I cannot stand the con-
stant companionship of an accusing conscience, which would remind me in
every thought that I as Governor of Georgia, failed to do what I thought to
be right. There is a territory ‘beyond a reasonable doubt, and absolute cer-

ae eam ke

£
oy “a

THE NINETEEN HUNDREDS 27

tainty,” for which the law provides in allowing life imprisonment. instead of
execution. This case has been marked by doubt. The trial judge doubted.
Two judges of the Supreme Court of Georgia doubted. Two judges of the
Supreme Court of the United States doubted. One of the three prison com-
missioners doubted.

“In my judgment by granting a commutation in this case, I am sus-
taining the jury, the judge and the appellate tribunals, and at the same time

am discharging that duty which is placed on me by the Constitution of
the State.”’?7

The commutation was announced on June 21. The night before Frank
had been sent by rail from Fulton Tower to the State Prison at Milledgeville
in custody of Sheriff Wheeler Mangum.’§ His stay there was destined to be
troublesome and short.

Tom Watson, through the columns of the Jeffersonian, began a ruthless
attack on the Governor, declaring that he had sold out to the Jews and calling
on the mob to lynch Frank and “get the Governor.”

All day during the 21st the mob spirit was rife on the streets of Atlanta.
AS a precautionary measure two companies of the National Guard, under com-
mand of Captain Asa Warren Candler, and an extra detail of county police
were sent to Governor Slaton’s residence at Buckhead with orders to protect
him, his family and his property. The action was timely for already a mob
lay in the woods behind the estate. They first made a frontal attack at the
main entrance, but the soldiers drove them off by using the butts of their
guns as clubs.

That night the mob sent a small detail across Peachtree Road and set
fire to a small shack by way of a diversionary action. Captain Candler saw
through the ruse, sent a squad to cope with the first, and kept most of his
men on guard. After the mob had been in the woods several nights, Candler
and his men made a frontal attack and captured 26 men together with some
dynamite and a number of pistols. These men, mostly in their late teens and
twenties, were subscquently indicted, tried and punished as rioters. No harm,
incidentally, came to Slaton or his family.7°

On Saturday night, July 17, 1915, as he lay asleep on his cot in the
prisoncr’s dormitory at Milledgeville, Leo Frank was assaulted by William
Creen, a fellow prisoner serving a life sentence for murder from Columbus.
As a result Trank’s throat was slashed, almost fatally, by a butcher knife
Creen had smuggled in from the kitchen. A few days later Creen explained
to Governor Harris that he tried to kill Frank because he thought that in so
doing he would rid the prison of a man whose presence imperiled all of the
inmates, *°

One month to the day after the Creen attack and before he had fully
recovered from his wound, the curtain went down permanently for Leo M.
Frank.

Shortly after 10 P.M., Monday, August 16, twenty-five men in eight
automobiles, presumably from Marietta or the vicinity thereof, arrived at the
Mate Prison in Milledgeville. All were heavily armed; some were masked.
None spoke except their leader. ‘They went to work with quiet, unhurried
precision. Wires to the outside were cut. The superintendent and the warden
were detained in their homes. The few guards on duty were overpowered
but not hurt. Five men entered the building where Frank was sleeping.

628 ATLANTA AND ITS ENVIRONS

He was picked up bodily, carried out and put in the back seat of one of the
automobiles. During this ordeal he uttered not a word—was only heard to
groan. ‘lhe whole process took less than 10 minutes, after which the grim
caravan disappeared into the night in the direction of Atlanta."

At 7 o'clock Tuesday morning, the 17th, W. J. Frey, a former sheriff of
Cobb County, residing on the Marietta-Roswell Road, two and a half miles
east of Marietta, saw four automobiles pass rapidly along the road in front of
his house. Half an hour later he drove into Marietta and there learned that
Frank’s body had been found hanging from a small oak on the former sheriff's
own land and within a stone’s throw of his gin house.**

An excited crowd, men, women and children soon gathered in the grove
where the body of the lynched man, a white handkerchief over his face,
swayed in the wind. Only the timely arrival of Newt A. Morris, former judge
of the Blue Ridge Circuit, and a sterling citizen of Cobb County, prevented a
gory scene. Even as the Judge arrived, a man in a frenzied passion shook his
fist at the body and yelled: “They won't put any monument over you. They
are not going to get you. ‘They are not going to get a picce of you as big
as a cigar!”

Judge Morris pushed through the crowd, and standing on a slight rise
addressed the assemblage. “Whoever did this thing left nothing more for us
to do. Little Mary Phagan is vindicated. Her foul murder is avenged. Now
I ask you, I appeal to you, as citizens of Cobb County, in the good name of
our county, not to do more. I appeal to you to let the undertaker take it.”**

The judge prevailed. An undertaker’s wagon had arrived. ‘The body was
cut down by a couple of Negroes, put in a basket, and loaded on the wagon
which was driven off rapidly in the direction of Marietta. Judge Morris
and Attorney John Wood, of Canton followed in an automobile. At the
entrance to the National Cemetery, just inside the city limits, the auto caught
up with the wagon. The basket containing the body was hastily transferred to
the auto, and with Wood driving, a record run to ‘Atlanta was made. At
Marietta and Ashby streets the dust-covered auto was met by Greenberg &
Bond’s funeral car in which the body was conveyed to the city."

Throughout the 17th Frank’s body was viewed by thousands of persons,
who walked single file, under police supervision, through the mortuary of
Greenberg & Bond at Houston and Ivy streets. At midnight that night it was
shipped via the Southern Railway to New York, for funeral and interment at
Mount Carmel Cemetery, Brooklyn.*°

By coincidence both ex-Governor Slaton and Mayor Woodward, of At-
Janta, were in San Francisco at the time of the lynching. On the 18th, Gov-
ernor Slaton, addressing the California Civic League declared he would prefer
to have Frank lynched by a mob than have him hanged by judicial mistake,
because “one reached the soul of civilization, the other merely reached the
body.”? On the same day, addressing the Calfornia State Assessor’s Association,
Mayor Woodward declared that Leo M. Frank suffered the “just penalty for
an unspeakable crime.”**

The press of the nation, generally, was vehement in its denunciation of
the lynching. So was Georgia Governor Nathaniel E. Harris. He launched
an official investigation. But the identity of the 25 men who made the round
trip from Marietta to Milledgeville on the night of August 16-17, 1915, was
never discovered. The case became a cause célébre in liberal circles throughout
the country. Its repercussions in Georgia lasted for a long time.

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THE ATLANTA CONSTITUTION

. APRIL 2, 1995,

OE ee

SPORTS, E|

End of
the road

Georgia guard
Saudia Roundtree (at
| left) drives around a
Tennessee defender

—] her Bulldog
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won 73-51 to advance
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{| game against“:
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Saturday, but she and

METRO EDITION

Infamous Last Words

arring a last-ditch stay of execution,
Nicholas Ingram, a 31-year-old native of
B Great Britain, will be executed Thursday
in Georgia’s.electric chair for the 1983
slaying of J.C.,Sawyer of Marietta. Ingram
robbed and abducted Sawyer and his wife,
Eunice, tied them to a tree and shot them. The
wife survived. ;
Before Ingram is executed, he’ll be asked if he.
has any last words. If history repeats itself, he
will. Thirteen of the 18 killers put to death in
Georgia since executions resumed in 1983 have
had last words — ranging from the profane to the
profound. One example is William Boyd Tucker
(right).
Staff writer Bill Montgomery’s report is on D4.

WILLIAM
BOYD TUCKER
EXECUTED MAY 29, 1987

Murdered Kathleen
Perry, 19, a pregnant
Columbus store clerk

{

4. arf

“I am a product of your
creation. I responded as
programmed. . . You

seem to think that execut-
ing criminals is the
answer, but an overhaul-
ing of our entire society is
the real answer. No matter
how sterilized and sani-
tized you make this execu-
tion, it is still murder. . .
. You are as much guilty
as I am, and will be held

accountable one day.”’

*spzom 38e7 NyWaNI-38°d

é CAPITAL PUNISHMENT RESEARCH PROJECT
P.O. Drawer 277 - 100 East Main Street
Headland, Alabama 36345
Watt Espy Phone

Research Specialist Fe bruary 9 ; 1989 a (205) 693-5225

STATE OF GEORGIA. |

Confirmed legal executions for the period 1890-1910, giving names,
races, ages, counties of conviction, crimes, dates of crime, dates of
sentencing and dates of execution (all by hanging). Repwrt prepared
for Elizabeth Hines, Department of Anthropolegy and Geography,
Louisiana State University, Batom Nouge, Louisiana, 70803-4105, for
use ln preparation of Doctoral paper. Data as of the above dates.

hes -*
a
4
8
—

1-5-1866-BROWN, John, and REESE, Christopher, whites, to be hanged,
poss. Washington City or Telfair Co. for murder of black woman

6-7-1867-HEARD, Carter, black to be hanged Atlanta.

11-22-1867-BASS, William Smart, to be hanged Taylor Co. for murder
of Jacob C.:"Collatt.

Cir. 1868-A hanging supposedly occurred, Miller Co., around then.
Cir. 1869-A hanging suppossedly occurred, Lincoln Co., around then.
Cir. 1870-BUTLER, Alf, hanged Spaulding Co. about then.

1870-1872-HUNTER, Jimpsey A., poss. hanged Quitman for murder
of Thomas M. Alexander. Conflicting accounts.

1871-JENKINS, S. Anthony, sentenced to hang for murder. Thomas Co.
1-6-1871-DOMNEAD, Buck, black, to be hanged, Pulaski Co.

l- -l1871-HILL, Lafayette, sup. ct. affirmed death sentence in
Sumter Co. for murder of Henry Womack.

Cir. 1872-A hanging in Albany, Dougherty Co.

1872-Supposed to have been a triple hanging, 1 white and 2 blacks,
Camden Co.

6-28-1872-Supposed to have been a hanging in Monteuma, Macon Co.,
on or about this day.

8-29-1873-COGSWELL, Mitchell, to be hanged Chatham Co. for murder
of Derry Womack.

1-13-1874-PACE, Jack, to be hanged Columbus.

1- -1874-WAIR, Thomas, death sen. for murder, DeKalb Co., affirmed
by state supreme court.

7-30-1875-FINNEGAN, Peter, and KILGORE, John, to be hanged,
Columbus, for murder of C. H. Wilding.

8-30-1878-HOLT, William, black, to be hanged for murder.
Cir. 1880-A black hanged for rape, Hall County.

2- -l1881-NEWTON, James, white to be hanged Jefferson Co. for
the murder of a man named Curvell.

2-9-1883-TURNER, P. M., to be hanged, Greenville, for murder of
Jno. EE.) shuttles;

6-1-1883-FREEMAN, Enoch, black, to be hanged Rome for murder.

Vou Sanders - Fulton County - November 18, 1927

Not found in the Atlanta Constitution.
hs, James Grant - Fulton County - May 18, 1928

automobile plant: the victim was probably white (but the story
doesn’t say).

; Ae Grant killed J.L. Ferguson, a night watchman at an Atlanta
|

| Atlanta Constitution 5/19/28:9-2

Charjés Hicks - Fulton County - June 8, 1928
. : Accomplice of James Grant.
Atlanta Constitution, 6/9/28: 7-2

John Ellen —- Floyd County - January 1, 1930
iy ae Ellen murdered Emmett Puckett (Black).

Rome News-Tribune, 1/27/30:1-7

Emory Van Duzer — Fulton County - June 27, 1930

1/ wor found in the Atlanta Journal.

Henry West —- Floyd County - March 13, 1931

|
A West was executed for murdering R.L. Huggins who was a white
7 storekeeper.

> Rome News-Tribune, 3/13/31:1-8

.B. Newsome — Peach County - March 27, 1931

Newsome had intended to kill his wife. He left home to fetch
a shotgun and when he returned he shot at the figure who was
sitting in a porch chair that had been occupied by his wife.
Instead of killing his wife, he killed Jeanette Barnett, a young
black female who was visiting his wife. The story adds that this
was the 60th execution carried out at the state prison farm in
Milledgeville. This matches exactly with the count in your

inventory.

- Macon Evening News, 3/27/31:1-6

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620 ATLANTA AND TTS ENVIRONS

Newt Lee was taken into custody for questioning, but denied all knowl-
edge of the crime, as did Leo Frank. Indeed, Frank expressed a desire to
ascertain the identity of the murderer, and to that end participated with his
company in employing detectives. He likewise testified at length before the
coronor’s jury, denying any knowledge of the perpetrator of the crime, and
purporting to give all information at his command leading to the detection of
the criminal,5°

Lee testified at the inquest and later at the trial. that when he arrived
at the factory for duty around 4 P.M., on April 26th, Frank told him to go
out and have a good time, but to return by six o’clock. When he returned
Shortly before that hour, Frank was changing the slip in the time clock and
secmed to be nervous. Also, that around seven that night, Frank called from
home to inquire whether everything was all right at the factory, a thing which
he had never done before. No amount of questioning was to shake Lee’s
testimony.®!

Meanwhile the murdered girl was laid to rest in the Citizens’ Cemetery
at Marietta, where sometime later the Marietta Camp No. 763, United Con-
federate Veterans, erected a neat but modest marker at the head of the grave.®?

As the investigation went feverishly on, complicatd by many gratuitous
offers from citizens generally, both male and female, to help out, Frank and
Lee, the two chief Suspects, were detained in Fulton County jail. Solicitor
General Hugh M. Dorsey began an independent probe.

By May 11th the Atlanta city detectives made public their theory of how
and why the crime was committed:

That Mary Phagan arrived at the pencil factory between 12 and 12:10
o'clock on Saturday, April 26; that within a short time after she arrived there
she was lured to the metal room on the second floor, where she worked; that
the big doors of this room were closed, making it almost impossible for the
two men working on the fourth floor to hear any outcries; that she was over-
powered and assaulted.

That the assailant, realizing that he had committed a crime which would
cost him his life if it became known, argued with her to keep silent; that when
she reiterated her intention to tell he struck her a terrific blow in the left eye,
causing her to fall against the handle of the lathe (on which strands of her
hair were found); that the back of her head struck the lathe handle, render-
ing her unconscious and producing a wound from which the blood flowed
freely; that the assailant then secured a cord and looped it around her neck,
after which he dragged her into one of the small dressing rooms nearby, plac-
ing papers or some old garment beneath her head to catch the flow of blood;
that the door to the dressing room was closed, and the assailant went away
believing that the girl was dead or dying.

That later in the afternoon when there was no one else in the factory he
returned, and either carried or dragged the body to the elevator which he ran
to the basement; that the peculiar motion of the elevator or the slackening of
the loop-knot in the cord about the girl’s neck resulted in her partially regain-
ing consciousness; that when the assailant observed this he tightened the cord
around her neck and dragged her by it over into the rear end of the semi-
darkened basement; that he then tore the white hem from the child’s under-
skirt and knotted it about her neck to make doubly sure that she would be
effectively strangled; that he then pulled the staple from the fastening in the

Willie Green - Richmond County — May 22, 1931

confessed to two other murders in the South. Story claims he was
the 65th person to die in the chair ‘this also matches your

/ Green murdered Son Adams (black). As he went to the chair he
data).

Augusta Chronicle, 5/23/31:1-8

Fred Griffin - Campbell County - May 18, 1931

Not found in the Atlanta Journal.

Exgene Dudley - Walton County - July 17, 1931

Not found in the Augusta Chronicle or the Athens Banner-Herald.

Rg@bert Lee Chisholm —- Peach County - October 16, 1931

Story says that Chisholm was sentenced in Houston County for
the rape of a white woman.

Macon Evening News, 10/16/31:12-1

English Gaskins - Candler County - December 21, 1931

| / Gaskins was a meatcutter who murdered his estranged wife in
pril 1929. Is it possible that he could have been white? There

| was no mention of race in the story. Other ”odd” details note
that he was living in Liberty County, GA (Hinesville) and that he
° drove his car to Metter on the occasion that he did in his wife.
The story also notes that he had several grown children and lists
the out-of-state addresses of some of these. These seem like
strange details to convey in the report of an execution resulting
from a black-on-black victimization.

Savannah Morning News, 12/22/31:1-6

Willie Jones - Richmond County - August 8, 1932
i Jones killed an aged nightwatchman (probably white) for the
Carolina-Georgia Service Company.

Augusta Chronicle, 8/7/32:2-4

Harry Simpson - Clinch County - October 20, 1933
| Not found in the Valdosta Times or the Savannah Evening News.

A Chronicle of Its People
and kvents
By
FRANKLIN M. GARRETT
VOLUME I

ATLANTA and ENVIRONS

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11-27-1863-HINTON, Albert, black, slave of , Coving-

ton. Arson of master's home.

1- -1864- , white, soldier, Dalton (CM). Desertion.

l1- -1864- , white, soldier, Dalton (CM). Desertion.

l- -1864- , white, soldier, Dalton (CM). Desertion.

3- -1864-SMALLWOOD, Pleasant, white, soldier, Atlanta (CM).
Desertion.

4- -1864-LINDSEY, James, white, Army Private, Columbus (CM).

Neglect of duty.

9-27-1864-LOVETT, Jacob, white, soldier, Savannah (CM).
Desertion.

1866-MUSGROVE, Thomas J., white, CSA veteran, Macon. Murder of
Isaac M. Armstrong, Union soldier.

9-10-1869-WATKINS, Jesse, black, Savannah. Murder of Charles
Wilson, white.

3-11-1870-GODLY, Ben, black, Waynesboro. Murder of Adkins Lewis,
white.

5-26-1871-ALBERT, Prince, black, Lee Co. Murder of Miller,
white.

1-3-1873-DOBB, Mike, black, 30, Fayette Co. Murder of James
Swanson, black.

3-28-1873-NORWOOD, Crawford, black, 20, Jefferson. Rape of Mrs.
Hood, white.

11-21-1873-PETERSON, Gus, black, Albany. Murder of George Sim-
mons, black.

11-24-1874-PHILLIPS, James Berry, black, 23, freedman. Coving-
ton. Robbery-murder of peddler Gallagher, white.

11-27-1874-SIMMS, George, black, 20, Covington. Rape of Mrs.
Wallace, white.

12-21-1877-MARSHALL, Alfred, black, farmer, Cuthbert. Murder of
S. A. White, white.

2-27-1880-JOHNSON, John Henry, black, 32, Savannah. Murder of
Daniel McDermott, white.

7-9-1880-RYAN, Henry, black, farm laborer, Waynesboro. Robbery-
murder of Mary Thomas, black.

LEGAL ELECTROCUTIONS IN TEE STATE OF GEORGIA

ea ; y RACE & COUNTY OF DATE |
4 NAME aaa SEX. AGE. CONVICT! ‘ON____ CRIME EXECUTED
y _ ““¥ Henson, Howard cM oo" Dekalb Mur der 18 Qe 3-24 See
nh Peed Williams, Alex SOM e Jones Mur dex 5-15-25 ;
i jackson, Frank CMe Rabun Murder: | §9r26°25 "
ah }
or ; Wa Leon, Charlie bie OM 39 Fulton Murder 3-11-26
‘7 : ‘Coggeshall, Ted WM 91, . putnam Murder Hehe 25r 2G)!
m—yicCleland, Floyd wi «20. ~Putnam Murder 3-25-26
Stewart, Amos CM? worth Mur der 6-18-26
‘Glover, Ed i CM; ot Bibb - Murder 9-9-26
Johnson, Tom — cM 48. - Jefferson Murder 9-24-26
Williams, pringle — cM 17 Emanuel Rape 10-8-26
: johnson, James CM. 7 Fuiton Murder 11-13-26
, ™- core, Mell wa 22 Fulton Murder §93r27
i Fennell, Herbert cy 30 Libexty Murder 6-3-2/
Mars, Osca we. «46.s«&Ben Hill Murder 6-6-27
wy ‘Rounsaville, John © cm =. 20 Chattooga Murder . 7-12-27
—Stewart, Cellus — cM -35)—s(«éEarly- Murder 7-15-27
Chamblee, Lee. | ; cm «0 40.—s« Bartow . Murder 10-14-27
Galloway, Wilbyr cM 0.28 ~——séDodge Murder , 10-14-27
parker, Mose. tM 35 pike Murder” 0-14-27
-pryor, Roy tig: ‘cM 24 «|. Monroe Rape 10-26-27
Clark, George .. CM 26° Jasper Rape eUL-L1-27
Sanders, John — Coa &h Fulton Rape 11-18-27
eM eis a aay Fuller, Garfield em. 44 pike Murder 1-13-28
Nee CAR orn eau ‘Quinn, Albert cM 25 Terrell Murder. -)) 1-20728
aid Coates, Robert cM. 36 jefferson Murder 2-21-28
Ellis, Henty * CH. 2 Fulton Murder 4-18-28
Price, Edgar cM 24 Grady Murder 5-4-28
Grant, James Ey cM... 27 fulton Murder 5-18-28
tea tia Hicks, Charlie SS eMe ee aby Fulton Mur der 6-8-28
an i hi i Jones, Robext CM 22 Bibb Murder 6 28-28
et Se Hammond, Harold im 36 Fulton Mux dex © 7-6-28
McCloud, Medie wa 29 Decatur Murder 7-6-28
ithe GOWGE'» Sam wi 42 Gwinnett Murder 713728
9 ee Taylor, preddis CM. 33. Fulton Murder 7-13-28
Mea Thompson, Clifford wi 22 Murray pur der 8-3-28
Moss, Jim @ Moses cM 27) Murray Murder 8-37-28
Shepherd, R- H. wi 57). Fulton Murder 12-19-28
Reddick, Marshall cm. 40. Coweta Murder 1-18-29
George, Willie C. cM 230) Fulton Murder 1-18-29
Capers, & Ch 19 Fulton Mur dex 1-18-29
Gillom, Willie @Gillion Cit 21° Fulton Mut der 1-18-29
Grinstead, Griff @ Grant Wit 56 Montgomery Murder 2-22-29 .
' Clark, John cu. 44 Melntosh Mur der 3-20-29 |
Grumady, James cM 2 Colquitt Murder 5-17-29
Dozier, Jeff c= 60. Floyd Murder i! 7-22-29
Morrow, Malcolm WM 31. Glynn Murder 9-11-29
) Simpson, Homer CG: W 49 Glynn Murder Q-11-29
*\ Bryant, Willie cM. 23)... Ware - Rape! ey 10-4-29
Merritt, Alvin WM... 25 Fulton Rape. 10-4729
Ellen, John. cm. | 41 Flo a Murder © 1-27-30
; Barker, James CM '.23°.) Bab Murder Qe ilr-30
ae Kelly, Edmond cM 28 Grady Murder > 2-21-39
aie Bexeven; Renty . cM} 50 Chatham Murder: 4)" 4: 4-21-7
a Jolley, Angeli Alucious CM 23. Bibb Murder 6-20030
oh Duzer, Emory Van CM 2A Fulton Murder, , 6-27-39
, Smith, Wash WM. 2k. Ben Hilt Murder , 11422630
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LEGAL ELECTROCUT

TONS_IN THE STATE OF GEORGIA

RACE & COUNTY OF DATE

NAME ic SEX AGE__CONVICTION CRIME EXECUTED
™- Jenkins, Edgar cm =.22~—Ss&Rarly Rape 1-16-31
Biggers, William ca. =o 330—S”:sé«éFus Ltn Mur der 1-27-51
West, Henry CM 21 Floyd Murder 3-13-31
Newsome, L. B- CM 21 Peach Murder 3-27-31
Cox, Willie Lee cM 27 Fulton Murder 4eL7n-ot
Glaze, Gilbert cM 30 Fulton Mur der 4-17 ‘0d
m= perry, Marvin em *:40-o.Barly Murder he29-s..
Griffin, Fred @ Carter cM: 18 «Campbell Mur der 5-18-31
Green, Willie @ Crooms M27... Richmond Murder 5-22-21
Adams, Burley wa 34 Cd Lumbia Murder 5-22-21.
Dudley, Eugene cM 21.) «Walton Murder 7-17-34
Higgins, Willie cM. o2@.—~Ct«ié‘éFsdL torn Murder 9-11-31,
Stevens, Clark cM oo 24)~—s Morgan Murder 10-16-35,
Chrisholm, Robert Lee cM 20° Peach Rape 10-16-3%
Hendrix, 0, C. cM 34 Fulton Mur der 10-31-31
Searcy, William CM 2 Talbot Murder 10-30-31

Gaskins, English WM 5 Candler Murder 12-21-3
March, Eddie cM 16) Dougherty Mur der 2-9-32
Johnson, Major (Slick) wi 44 Dougherty Murder 2-9-32
Parker, J. H. @ Terry WM & Ware Murder 44-8732
Rounds, Willie CM 27 Houston Murder 6-10-32
Jones, Willie: CM 24 Richmond Murder 8-83-32
’ Jackson, Albert @tumsden Ci! 22 peach Murder 10-7-32
Baker, Paschall cM 32. Webster Rape 10-28-32
Green, Charlie, Jr. cM 40so332~S”s«WWeb ster Rape 10-28-32
Hulsey, Fred f WM 31. Polls Murder 11-4732
Hulsey, William WM 55 Polk Murder 11-432
Humphreys, John Ts cM. 21 Stewart Murder 11-5-32
Jackson, J. G, cm 23. Early Murder 11-16-32
™ Welch, Lawrence cM. O46 Early Murder hnh-33
Todd, Johnny @ B, Jones CMe Greene Murder 5-19-33
Randall, Pat CM - Randolph Murder 5-20-33
Davis, Raider @ Williams CM ” Fulton Murder 6-14-33
Morris, Richard CM 18 Fulton Murder 8-11-33
Sims, Richard CM 18 © Fulton Murder 8-11-33
White, Mose @ Tom CM 18 Fulton Murder 8-11-33
McCollough, Thomas A, Ww 06-58. «Fayette Murder 8-25-33
Key, Eugene CM 25 Hiouston Murder 8-25-53
Jackson, Rochelle cM O27) Worth Murder 9-8-33
Simpson, Harry cam. 034 =~ Clinch Murder 10-20-24
Brooks, Grady cM. o19—,s« Pickens Murder 10-27-33
Zuber, George @ McDow fei eee pickens Murder 10-27-23
Barbee, James F- wi 47.~—~——s« Pulaski Murder 12-29-33
Osborne, Will G A. Dobbs CM 18 Fulton Rape 1-12-34
Short, Homer Lee cM. so24_-« Marion Murder 3-2-34
Downer, John (Downing) cM 28 Elbert Rape 3-16-34
Walker, Sandy CM 48 Worth Mur dex 3-16-34
Lively, Mitcy W- (Miller) WM 47. Fulton Murder 4-20-34
James, Mack CM. 2 Banks Murder & Rape 5-11-34
Patrick, Hosea cu. 330. Fulton Murder 5-15-34
Hicks, Claude cM o27 Fulton Murder 5-15-34
South, Floyd cm =o 22.—S—té«éFusd ton Murder 6-15-34
Castleberry, Reese cM. 24 = Pickens Murder 6-15-34
Duncan, Clifford @ Jones CM 296 Candler Rape 9-14-34
Johnson, Frank GWilliams Ci 42 Johnson Murder 10-5-34
Street, Mose cm. o29~—s Chatham Murder 11-15~3+
Dodson, Charlie ™ 17 ~~ Schley Murder 1-21-35
Hammett, J. T- WM. .47).. Troup Murder 2-11-35
Barfield, Archie cM 22.2: Gwinnett Murder 2-15-35
Wright, John Henry cm «=. 28.~Ss McDuffie Murder 3-1-35
Reese, Rack G Jack cm 55 Mebuffie Mur der 3-1-39
Tucker, Joe CM Meriwether Murder 3-5-3959
Brown, D. W. CM os Webster Mux der 427-35
Bell, Arthur cM Oe Webster Murder - 4-7-35
Waxgroves, Robert F. WM 26 Effingham Mur dex 3-15-35

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RACE & COUNTY OF DATE

TAME SEX AGE CONVICTION CRIME EXECUTED
Glass, Henr} CM 1 Fulton Murder 1-19-45
Tye, Jimmie Lee ™ 22: Fulton qarder 1-19-45
Jackson, Wilite CM 28 Fulton Rape 3-2-45
Fowler, Valter WM 22 £¥Forsyth Murder 3-2-45
Baker Lenac Fr 44 Randolph Murcer 3-5-45
John eae Ci 19 Newton Murder 3-29-45
a: 1.6 mM 3 pike Murder 3-9-45
Gilod lysses CM 24 Houston urcer 4-27-45
Lana haniel ™ 21 Bib er 5-11-45
Watkins, David CM 13 Cobb jer 5-11-45
Green, Edward Lee CM 2 Houston Rape 6-1-45
Green, Jack Roy CM 40 Sumter Rape 6-29-45
Smithwick, Alber WM 26 Chatham urder 7-28-45
Gunnells, Robert R. WY 40 Balewin urder 8-24-45
Hayes, Henry cM 27. # Fulton Rob. by For. 8-24-45
Sonnson, Charlie© CY 27. ~=XxEarly Rape 9-21-45
Collins, Noah cM 2 Chatnan Murder 11-9-45
raiton, Jesse CMe’ Fuiton urder 11-9-45
Taylor, Nathaniel MM 37 Laurens Murder 11-30-45
‘Daniels, Eddie cm 20 o34~—Ss Grady Murder 2-8-46
Bonner, isaac CM 19 Bibb Murder 3-29-45
Lewis, Leon cM 26 Fulton Rape 3-29-46
Jones, Willie CM 28 Ware Murder 4-19-46
Bryant, Early m™ «3 Fulton Rape 5-31-45
Burke, Anderson CH 628 «= Oglethorpe Rape 7-5-46
: Nappier, Aaron cM 41 ~~ ~#«Laurens Murder 7-19-46
™ickethan, Jesse z.0 WM 22. Chathan Murder g-2-456
Yearwood, Walter Hillman WM 23 Clarke Murder 10-22-46
Murray, -Alton Wh 29 Candler Murder 11-8-45
Allen, Lee James mm 16 Fulton Rape 11-15-46
Burns, Johnnie CM 22: Lee Murder 11-22-45
Stevenson, Willie CM 17 Lee Murder 41-22-46
Williams, James Rufus cM «O19 {rwin Murder 11-29-46
——Parker, 4ibert cM 29 Cook Murder 12-13-46
Hill, J. C. CM 19 Ware Murder 12-20-46
Brown, Arthur, Jr. cM 0. 23.—~t's« Chatham Murder 2-8-47
Dorsey, Morris CM 23 Chatham Murder 2-8-47
‘napp, Homer R. WM Oo38)—Stsé« Chatham Murder 4-18-61
-oxter, Lauren ™ 38 Oglethorpe Murder 4e25-!7
sarnes, Willis WM 29 Ben Hill Murder 4-25-47
Daniel, Quiller c™~=Ssté«3)0 Frankiin Murder 5-2-47
Brown, James m™ 24 £Scereven Murder 6-17-47
Reddick, Herbert Lee cM 17 Bibb Murder 6-30-47
Scott, Ebenezer CM 23 Chatham Murder 8-1-47
Stanford, Robert Lee CM 25 Richmond Murder 8-1-47
Loughbridge, Terrell wi 18 Jefferson Mux der 8-9-47
Moore, Roosevelt CM 26 Stewart Murder 8-19-47
Owen, Jim mM 43 £4Warren Murder 0-45-47
cord, Oscar L. CM 21 Dougnerty Murder 10-10-47
—<,fryant, Sweetie, Jr .O M 29 Mitchell Murder 10-10-47
Morakes, Nick _ wm 53 £Morgan Murder 11-18-47
Serutchens, Leroy CM 37 Sumter Mur der 1-2-48
Porter, Joe CM 27. Sumter Murder 1-2-48
\ sree Eddie, Jr. C40 23.—Sés« Carroll Murder 2-13-48
Torbett, J. W. CM 37 Randolph Murder 2-16-48
Mangum, James cM 2Oti«<dL®~—SsSC&Fulton Rape 3-5-48
Campbell, L. P. CM 26 Floyd Murder 3-26-43
Nunn, Red Lamar cm 460s«443.—s« Jefferson Murder 8-13-48
Whitt, Sam CM. 22 ~~ # Fulton Murder 8-16-48
Davis, William Cular cM 0OiSS.«Ss«Carroll Murder 10-15-48
Beetles, J. B. cu 40 32.~—S—éC«Caroll Murder 10-15-4
Eller, Jewell WM 21 # Towns Murder 11-5-4
Garrett, Charlie WM 26 Towns Murder 11-5-48

Brows, °-L.°Gae” CM 25 #£Greene Murder 11-26-

PRAT BRIECTCH bade! aT yi as i
“AL ELECTROCUTIONS IN THE STé

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RACE & COUNTY OF DATE

NAME SEX AGE CONVICTION CRIME EXECUTED
Fisher, Janes @Johnson CM 27 #2Newton Murder 2-9-40
Mathis, Joe CM 27 #Newton Murder 2-9-40
Mima, William L. CM 38: Bibb Murder 3-22-40
Brown, Rebert (™M- 26 Jefferson jurder 5-17-49
Barkley, Curtis cM 34 # Fulton Rape 8-16-40
Fieids, Oscar c™ 24 #«2%Fulton Rape g-16-40

—wjosey, Charlie @ Snooks@ CM 20 Pike “urder 3223-4

emmLicown, sccle Ci 29 Lowndes Rob. by Fo §-23-4
Anderson, Fred M 19 Laurens uxrder 10-4-40
_wenicks, Henry William ° c™ 18 £Thomas Rape 10-18-40
Sutton, ochn William CM 2 Whitfield Murder 11-8-40
Lawrence, RuddieCAndrew CM ve Bacon Murder 12-13-40
Brannon, Robert Lee CM 40o339.-—ts«éF oy Murder 12-13-40
Wadell, Jennings CM 40s 34 = Toombs Murder 12-27-40
—-tiatson, Jchnnie (™ 33 Coweta Murder 1-3-41
weemiiayes, Eddie Bennie CM 19 Coweta Murder 1-3-41
Bland, William Henry CM 23. Henry Rape 5-12-41
Anderson, Charlie CM 1 Fulton Murder 5-23-41
Jenkins, Willie C™ 23. #£4Fulton Murder 5-23-41
Alford, Aibert CM 32 Hart Rape 10-10-41
Shivers, James ow. 3 Fayette Rape 1-30-42

— Strickland, CharlieO ™ 25 Terrell Murder 1-31-42
Morton, Edward Leroy (M- 28 #<Jefferson Murder 2-6-42
Miller, John CM 35 DeKalb Rape 3-6-42
_—emcone, Howard rp. wi 24 £Thomas Murder 3-11-42
Williams, Norman Wh 28 Elbert Murder 5-15-42
Moore, Dock CM 25 Fulton Murder 7-2-42
Mosley, S. T. CM 2 Taylor Murder 7-10-42
Martin, Charles E. WM 24 DeKalb Mur der 10-16-42
Shaw, Buster cM 20 Brantley Murder 10-16-42
et Laws, Sie Be CM 26 Thomas Murder 11-26-42
Dowdell, Raymond CM 31 Muscogee Murder 1-15-43 |
Smith, Richard CM 21 Fulton Murder 2-4-43
Coates, Charles WM 29 Catoosa Murder 3-12-43:
Wilcoxon, Lewis cM 20 Cobb Rape 3-26-43 |
——Palmer, Joel Luther wa =: 30 Tift Murder 5-28-43
Franklin, Bernice CM 17 ~~ #42Wayne Rape 5-28-43°
Sims, Mose CM: 23 Fulton Rape 6-10-43
=enced, Edmond CM 0s«26~—Ss«é&Bibb Murder 7-19-43
Johnson, Adel CM 21 £Fulton Rape 8-10-43
Pittman, Eugene CM 238 Polk Murder 8-20-43
Hancock, Marlin WM 4 4«643~—Cs«é Paulding Murder 8-20-43
— Russell, John ThomasO CM raf Fulton Murder 8-20-43:
Sexton, Charlie CM 40o16~—Ssé Pas ding Murder 8-20-43
Hodo, Serina Cui 23 Meriwether Murder 9-24-43
Mathis, Tommie Lee CM 23 Spalding Murder 10-22-43
Williams, Robert c™ 20 Laurens Murder 10-23-43
Eilison,.s. A. CM 17. Meriwether Murder 12-11-43
Johnson, H. T cM 22 = «Henry Murder 12-31-43
Hubbard, Willie cM 0 s«28~—Ss«&Bbb Rape 15-44
Irwin, Isaac CY 28 ° Bibb Murder 1-7-44
Hicks, Willie CM 18 Fulton Rape 2-3-44
Lee, Marvin Lewis CM 22 Fulton Rape 3-7-44
Hooten, Rock ™ 24 # Taylor Murder 3-17-44
Rozier, Herbert Cc 72 ~&#Laurens Murder 4-77-44
Walker, Robert CM 26 Bibb Rape 4-28-44
Reed, Oscar cM 26 Bibb tur der 4-28-44
Ellison, Grady CM 36 Burke Murder 5-25-44
Stroup, William B- W Bi «6 Fulton Rape 7-28-44

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RACE & COUNTY OF DATE
NAME SEX AGE CONVICTION CRIME EYECUTED
-<vierce, VictorG WM 35 Clayton Murder 2-29-35
Rivers, Albert a en Screven Rape 4-52-35
Ashley, Isiah CM. 18 Appling Murder 4-535
Harden, Henry Ch 24 Washington Murder 5-10-35
Stone, Charlie Re 331 Fulton Rape 5-10-25
Beasley, Charlie t™ 50 Troup Murder 6-14-35
Mullinax, Robert WM 4«034.~—SCOFiloyd Murder 6-14-35
——flicks, Cleveland GJenes@ CM 30 Mitchel Murder 7-12-35
Reese, J. 3. € Acams C™ 19 #«.Jackson Rape 7-19-35
Gaines, Simmie C4 35 Oglethorpe Murder 0-10-35
hicRae, George wi 24 Cherokee fur der 19-18-53
Mattox, Jac M 26 Oglethorpe fur dex 11-22-35
Honea, Marvin wa 30 Fulton Murder 12-20-35
White, John Will CM 24 Cobb Murder 2~+20-35
Bowen, Eddie B. C™ 18 Douglas Murder 3-6-36
Simmons, John Henty ™ 50 Camden Murder 3-20-35
Nelson, Thomas Ch 38 Camden Murder 3-20-36
~ Lowman, Julius cM 40632. 2=0 Chatham Murder 3-25-35
McLemore, Hamp CM 21 Muscogee Rape 4-10-36
Thomas, John Henry (™ .21 Clarke Murder $-6-36
Daniel, John C40 so24~—C—é«CHalL Murder 8-21-36
Charles, Demps cM 06 o28~—StsédHaall Murder 8-21-36
x Coombs, Arthur @ Powell c™ 40 sC33@0~S—é‘dUHenn'y Rape 11-12-36
Boyer, Winton (™ - Hancock Murder 12-4-36
— Sloan, John Henry ™ 25 Colquitt Murder 12-31-36
Burden, Arthur (2 s28 - Murder 2-24-37
—3urke, James @ Joseph CM 24 ~=©Richmond Murder 4-19-37
Goodman, J. P- CM 21 DeKalb }iurder 5-14-37
menos Oey s Will CM 2041S Cook Murder 5-21-37
Melton, £1iO (M 34 Muscogee Rape 5-21-37
Brown, Leonard CM 18 Richmond Murder 5-24-37
Trammell, Mose CM 3 Troup Murder 5-28-37
ae Willie CM soe Burke Rape 6-14-37
Rose, Edgar GRobt.Taylor WM 27. Dougherty Murder 6-18-37
Worthy, James GTyson CM 6. 24*:~Fulton Murder 6-18-37
Young, Charlie C™ 35 Burke Murder 6-25-37
Jackson, Mitchell (™ 26 Fulton Murder 7-9-37
Douberly, Willie E. eh. Me Chatham Murder 7-30-37
Ward, Lawrence WM - Jeff Davis Murder 8-13-37
Pinson, Clinton CM 40 . Fulton Murder 9-29-37
i Daniels, willie Frank (™ 25 Clarke Murder 12-27-37
* Haywood, Archie® c™ 40. 37.~—s«Worrtth Murder 5-6-33
Thomas, George CM 21 #£Fulton Murder 5-13-38
Rozier, Leavy L- WM 38 Ware Rape 6-17-38
Benton, Ralph cm 46 GO-—Stsé«éFaltcorn Murder 10-28-38
Melton, Waiter @Roberson CM 31 Charlton Murder 10-28-38
MeBride, isaac cM 31 Clinch Murder 11-4-38
Etheridge, Buck cM 20 #£Henry Murder 11-10-38
N\kuisht, Frank cM. 26 £Bryan Rape 11-25-38
4y Gilbert, George CM 28 Troup Rape 11-30-38
Rucker, Charlie cM 18 Butts Murder 12-9-38
Russell, Willie D. CM 31 Cobb Murder 12-9-38
Carter, Raymond cM 40 so24~—Ss«d&Buatt s Murder 12-9-38
“nye REEEY) Arthur CM 0 so25.—Ssé« Mus sce Murder 12-9-38
Mack, Arthur CM 26 Muscogee Murder 12-9-38
Williams, John Henry cM 21 Butts Murder 12-9-38
Wright, Wilson cm 20 Chatham Mur der 1-25-39
Harvey, Floyd Nelson Wi 4 36 ~=©Ware Murder 6-23-39
Vaughn, J. De CM 40 25.—Ss« Walton Rape 7-7-3
Barker, Arthur E. wi 35 Gwinnett Murder 7-26-39
Hunter, Marion©® CM 25 Chathan Murder 8-4-39
Sheffield, Clarence c™ 2 sCO36~—S—é«WWaatrce@ Murder 9-29-39
—fruno, Sheppard =. cm 46s 45.—s«édDourgherty Murder 11-17-39
Bivins, James @ Gen c™ 19 = Schley Murder 11-21-39

win.

1-15-1904-HARRIS, John, black, Atlanta. Murder of Policeman Hans
Drasbach.

2-1-1904-CARRUTHERS, Tom, black, Riockdale. Murder of Henry
Byrd.

7-8-1904-CALVIN, Willie, black, Savannah. Murder of Rosa Pace,
black.

2-10-1906-GREER, Lemuel, black, Griffin. Murder. (CT listing.)
2-10-1906-MILLER, Ralph, black, Griffin. Murder. (CT listing).
10-19-1906-BIRD, Earl, black, Madison. Murder of his wife.

6-28-1908-HARPER, John, white, Murray Co. Murder of Sheriff
Ben Keith, white.

6-1-1909-HICKS, Isaiah, black, Montezuma. Murder of Banks Lofley.

7-9-1909-FALLIS, Edward, black, Washington. Murder of Robert
Johnson, black.

8-13-1909-ELLIOTT, J. M., black, LaGrange. Murder. (CT listing.)

11-5-1909-WHITMAN, Bud, black, Athens. Murder of Vonderau
Kennon.

12-30-1909-BELL, Henry, black, Dawson. Murder of Will Jackson,
black.

6-10-1910-THOMAS, Walter, black, LaGrange. Rape of 7-year-old
girl,black.

6-9-1911-TAYLOR, Fate, black, Baxley. Murder. (CT listing.)
12-28-1911-MERCK, Balus, black, 55, Gainesville. Murder of wife.
5-24-1912-TOMPKINS, Stephen, Dublin. Murder. (CT listing).
11-15-1912-LEWIS, Leonard, Douglasville. Murder. (CT listing).
9-29-1913-VARNER, William, black, Covington. Murder of black man.

11-14-1913-GATHRIGHT, William, black, farm laborer, Lawrence-
ville. Murder of George Seay, white.

6-27-1914-BAKER, Stokes, black, Dublin. Murder. (CT listing.)
9-11-1914-HUMPHREY, W. I., white, Dalton. Murder. (CT listing.)

1-15-1915-WILLIAMS, Ransom, black, Albany. Rape of a white woman

2-15-1896-KEENER, W. S.,
4-28-1896-WATERS, Green,

2-26-1897-DEAS, William,
white.

black.

Camp, white.

7-10-1897-JONES, Jonas,
Luke King, black.

7-30-1898-WEAVER, John,
Gunn, white.

black.
Vickers, white.

Vickers, white.

Griffith, black.
due, black.

Henderson, black.

6-17-1898-MILLS, Asbury,

12-16-1898-TAYLOR, Abner,

1-5-1900-FIELDS, Edward,

11-15-1900-GLOVER, Manzo,

12-12-1902-TYRUS, Goldy,

Clayton. Murder of 2 female cousins.
black, Greenville. Murder of his wife.

black, Louisville. Rape of Ella Lawson,

3-26-1897-ELDER, George, black, Watkinsville. Murder of Bob Geans,

4-1-1897-CUNNINGHAM, Sankey, black, convict, Albany. Rape of Katie

4-16-1897-BROOKINS, Lovett, Louisville. Murder. (CT listing).

black, raft worker, Darien. Murder of

2-18-1898-LUBY, C. C., white, Blakely. Murder of his wife.

3-11-1898-THOMAS, Isaiah, black, Sparta. Murder of woman, black.

black, Vienna. Murder. (CT listing.)

black, 24, Thomaston. Rape of Jeannie

white, Macon. Murder of his wife.

2-1-1899-HICKS, Jefferson, black, Oglethorpe. Murder of his wife.

9-28-1899-HALL, James, black, Blakely. Rape of 9-year-old girl,

12-15-1899-GOODING, James, black, Valdosta. Murder of Henry

12-15-1899-POWELL, Washington, black, Valdosta. Murder of Henry

1-4-1900-HARRIS, Sam, black, Rome. Murder of Dave Ervin, black.

black, Jefferson. Murder of Virginia

1-5-1900-RIVERS, Sherman, black, Swainsboro. Murder of George Per-

black, Covington. Murder of Carey

7-11-1902-SPARKS, Joseph E., black, Bainbridge. Murder of wife.

black, Thomasville. Murder of Jeff God-

| “ —
|
|
|

in Calhoun County.

1-15-1915-JACKSON, Flemming, black, Camilla. Murder of Deputy
Sheriff Will Griner.

3-19-1915-STEVENS, Luther, black, Cordele. Murder of T. E.
Gleaton, white.

1-28-1916-BROWN, Will, black, Clayton. Murder of Sweet,
black.

4-14-1916-LEWIS, Benjamin 0., black, Macon. Murder. (CT listing).
4-21-1916-SKELTON, Robert, black, Hartwell. Murder. (CT listing).
5-19-1916-McKINNEY, Gid, black, Camilla. Murder of his wife.

7-17-1916-MOSBY, Charley, black, Morgan. Murder of Earl Cunning-
ham, white, in 1907.

8-9-1916-LAMPKIN, Peg, black, Bainbridge. Murder of his wife.

2-9-1917-SHIRLEY, Tom, black, Carnesville. Murder of Ottis Alker-
man, black.

2-25-1921-SIMON, Broughton, black, 35, farmer, Valdosta. Rape of
a woman, white.

12-21-1921-LACY, John Henry, black, 17, Augusta. Rape of 8-year-
old girl, white.

5-15-1987-MULLIGAN, Joseph, black, 35, SP (Muscogee). Murder of
his brother-in-law & his girl friend, blacks.

5-22-1987-TUCKER, Richard, black, 44, parolee SP (Bibb). Robbery-
murder of Edna Sandefor, white.

5-29-1987-TUCKER, William Boyd, white, 31, SP (Muscogee). Robbery-
murder of Kathleen Perry, white.

9-1-1987-MITCHELL, William Billy, black, 33, parolee. SP (Worth).
Robbery-murder of Christopher Carr, white.

9-21-1987-McCORQUODALE, Timothy Wesley, white, 31, SP (Fulton).
Rape-murer of woman, white.

7-28-1988-MESSER, James F., white, 34, SP (Polk). Murder of Rhonda
Joan Tanner, 8-years-old, white.

5-18-1989-WILLIS, Henry, III, black, 36, SP (Bleckley). Murder of
Ray City Police Chief Ed. Giddens, white.

9-25-1991-McCLESKEY, Warren, black, 46, SP (Fulton). Murder of
Policeman Frank Schlatt, white.

ee ee

234 PLANTATION SLAVERY IN GEORGIA

ceeding three days from the date of notification. When the
justices were assembled, the prisoner was tried, the evidence and

witnesses examined, and upon conviction of any crime not |

capital the court had the power to inflict corporal punishment
not extending to the loss of life or member, “as in their descre-
tion may seem reasonable and just.”°

“~ Should a slave or free person of color be charged with a
capital crime, or if after investigation it was discovered that
the accused had, or rather was suspected to_have, committed
a crime for which the death penalty might be inflicted, he was
immediately committed to the nearest jail. Thereupon, within
the three days following, a jury of twelve free white persons

was summoned, and the trial was conducted at the courthouse, —

the clerk of the court acting as the prosecuting officer in behalf
of the state and keeping a record of the proceedings of the
trial, subpoenas for witnesses, etc. Slaves and free persons of
color were considered competent witnesses in the trial of
slaves. In all cases where the jury returned a verdict of guilty,
the court was empowered to pass such sentence as the law re-
quired, or “proceed to inflict such other punishment as in their
judgment will be most proportionate to the offence, and best

promote the object of the law, and operate as a preventive for

like offences in the future.’’®

’ Should either party to suits involving slaves and free per-
sons of color be dissatisfied with the decision rendered by the
Inferior Court, appeal could be made to one of the judges of
the Superior Court; the execution of the judgment of the
justices in such instances was suspended for forty days.’ In
case of conviction for a capital felony the owner or guardian of
the convicted slave had the privilege of applying to the court

that tried the case and obtaining a stay of execution of the |

sentence for the purpose of applying to the governor for a
pardon. For offences not capital the court at its discretion

51. Q. C. Lamar, A Compilation of the Laws of the State of Georgia, 804-806,
807; William A. Hotchkiss, 4 Codification of the Statute Law of Georgia, 842, 843.

® Prince, Digest (1837), 793; Hotchkiss, Codification, 846.

" [bid., 846, 847; Cobb, Digest, 787.

» OR ee 5
ib THRE aoe

THE SLAVE BEFORE THE LAW 235

might grant a suspension of the execution of a sentence so as
to enable the owner or guardian of the convicted slave to apply
to the governor for a pardon or commutation of the punish-

ment.’ The responsibility for the execution of sentence rested —

upon the sheriff of the county. But should the sentence de

mand corporal punishment, in order to avoid the loss of time
the constable or sheriff was empowered to press into service one
or more slaves near the place where the whipping was to
occur. Whipping on the bare back, not exceeding twenty
lashes, was the penalty for a slave’s refusal to administer inet

punishment. After 1793 the owners of slaves received no

compensation for their execution. All expenses and fees

charged by any public officers for the prosecution of a slave |

convicted of any crime not capital were paid by the owner of
the slave; but in cases of conviction for capital crime the ex-,
penses attendant upon the trial and execution of the slave were
paid by the county in which the execution took place.*®

The justices of the Inferior Court, elected by the people,
were apt to be individuals of little or_no legal training, hardly
competent, from the legal standpoint at least, to cope with the
complicated problems involved in capital offences. Probably
the fact that the justices were very likely to know personally
the slave tried before them, or, as was certainly possible, even
owned such a slave, served to temper justice with mercy. But
even then, in capital crimes, it was the jury that decided the

diction of capital crimes committed by slaves was given over to
the Superior Court.

In all cases whatsoever, for or against slaves or free persons
of color, the evidence of any free Indian, mulatto, Negro, or
slave was admitted and weighed and considered as carefully as

guilt or innocence of the accused. In 1850, however, the Ra

8 7bid., 988. An act passed in 1817 prohibited the governor from commuting
the punishment of death to that of imprisonment in the penitentiary.

° Prince, Digest (1837); Cobb, Digest, 975. Under the act of 1850 giving the
Superior Court jurisdiction of capital offences committed by slaves, the sheriff, rather
than the constable, was responsible for the execution.

% Prince, Digest, 780. For the cost of the trial of a slave, see supra, 248; also,
Cobb, Digest, 361.

Metadata

Containers:: Box 13 (2-Documentation of Executions), Folder 13
Resource Type:: Document
Description:: Belton O'Neal executed on ca. 1870 in Georgia (GA) John Purifoy executed on 1875-06-25 in Georgia (GA) Orange executed on ca. 1870 in Georgia (GA) Charles Ozborn executed on 1891-07-24 in Georgia (GA) Tom Cyrus executed on 1898-01-07 in Georgia (GA) Arthur Hayne executed on 1896-09-04 in Georgia (GA) Peter Daniels executed on 1892-07-15 in Georgia (GA) George Washington executed on 1891-07-03 in Georgia (GA) Thomas Woolfolk executed on 1890-10-29 in Georgia (GA) Joe Dean executed on ca. 1890 in Georgia (GA) Frank Dupre executed on 1922-09-01 in Georgia (GA)
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: June 29, 2019

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