The same day Wages and I were consulting thus, my brother John Copeland came to bring me some clothes, and he informed me that it was reported that old Eli Maffitt held a large amount of money, and that there was a project on foot to rob him and burn his house the first good opportunity; that Maffitt had taken a contract to build a bridge in Perry county, and would shortly leave home, and that Eli Myrick was to let the party know what time Maffitt commenced the bridge and would be absent from home. I then told Wages what was on foot. He then said “let me leave home about three days before, and I will try on the some night to rob old Sumrall and burn his house.” In a few days Myrick came down and told us that Maffitt was up in Perry county, and would not be home in two weeks. Wages immediately geared up, and started with his cart, his wife and McIntosh. Three nights after that Allen Brown, McGrath, John Copeland and I went to Maffitt’s just after dark, about seven o’clock, on the night of the 15th of December, 1847. Eli Myrick did not go with us, because he said Mrs. Maffitt would know him too well, but he was in the secret and shared his part of the money.
On getting near, we stopped to consult as to the safest way to get the money. Some were for robbing the house and not injuring any of the family. That I opposed, for I never believed in leaving any living witness behind to tell what I had done, if there was any way to prevent it. I always thought that two persons were enough to keep a secret, and it was safest if one of them were dead, for dead witnesses give no evidence. It was agreed that we should go into the house and demand the money, and if given up, to leave the inmates peaceably and unharmed.
John and I went in with a very stern look, thinking we could frighten the old lady, and make her give up every dollar that was in the house. But we were as sternly and peremptorily refused. The old lady said that she knew nothing about the money, and if she did, that we would not get it; we then told her that we had come after money and that money we would have before we left that house, or her life; and she still bravely defied us. John Copeland had in his hand a large hickory stick and I had another. Perceiving that she was determined, and our only chance to get the money was to kill her, while the old lady and I were quarreling about the money, I gave my brother John the wink, and he struck her a blow on the head which felled her to the floor. He repeated the blows, and I hit her several blows. We were then certain that we had killed her. We then commenced plundering the house, in search of the money; and we ransacked the whole house from top to bottom, but the amount we did find was small. I do not remember the precise amount we got, but it did not exceed two hundred dollars, and to our great displeasure we afterwards found out, that there was a large amount of gold and silver in the house at the time, that we did not find.
After we had plundered the house to our satisfaction, of all the money we could find, and each one of us had his load of the most valuable articles about, we set the house on fire and burnt everything up, together as we thought with Mrs. Maffitt who we thought was dead, and we left with a full conviction in our own minds that she would be burnt in the house. When I afterwards learned that she was not dead, I often wondered at her providential escape.
The gold and silver we had overlooked, was all melted, and I understood that Maffitt afterwards took it to Mobile and disposed of it.
Wages, in his adventure, was not so successful as we were. On the same night, he and McIntosh camped near Tallahala, not far from old Sumrall’s and in the vicinity of Bryant Barlow’s. Barlow happened to pass their camp early in the night and discovered Wages. He raised a company and got after Wages, themselves and dogs, and Wages had to leave and take the woods for home again. McIntosh and Wages’ wife turned back for Mobile on the Big Creek place, where they all landed about five days after. There we were all in the vicinity of Mobile again; Wages had made a water haul and we had done worse. Wages was laying out, Brown and myself were in the same situation. It became necessary for Wages, McGrath and I to hold a private consultation, relative to our future operations, and to devise some plan to get rid of old Brown. We could see no way to do that, unless it would be to lie to him and frighten him to leave, which we did. Our next plan was to manage to get our money from Catahoula, and deposit it about the Bay of St. Louis, near the sea coast, where we could get it on a boat. Wages and McGrath were to attend to that matter, and I was to assist Brown over the Mississippi. So Wages went to Brown and told him that there was a reward for both of them, and said he, “I am going to leave, and you had better do the same, for Maffitt has a crowd now on the look out for us.” Brown had but little money. He then enjoined it upon Wages to take Harvey’s note and give him the money for it. Said he, “if he won’t pay the note you and McGrath kill the d——d rascal.” So saying, Wages gave him the money for the note, and loaned him sixty dollars more, and then told Brown that James Copeland would go with him and assist his family to travel, while he, Brown, could dodge before and behind. So the matter was understood, and in a few nights Brown rolled off and crossed Dog River at Ward’s bridge, where Wages, McGrath and I joined him; I took charge of the teams and family, and Brown took his rifle and to the woods, mostly in the daytime. We did not want for fresh meat; Wages and McGrath left for Catahoula by way of Harvey’s, and crossed at Fairley’s; we crossed at Robert’s and old Green court house, and up Black Creek, on by Columbia, Holmesville and so on to the mouth of Red River. After crossing the Mississippi, I loaned old Brown twenty-five dollars more, bid him good-by and returned to the vicinity of Mobile. I was gone over four weeks.
On my way back I learned at Black Creek, of the death of Wages and McGrath. They had got into some difficulty with Harvey about the forty dollar note, and he shot and killed them both. This news sounded in my ears like thunder; and so astounded was I that I lost for the time all my senses. However, after a little reflection, I began to think over my situation, and a thousand thoughts hurled through my brain. Almost instantly, it seemed that every crime I had ever committed in my life was then pictured before my eyes and the awful consequences attending them. The object, for which I committed them, was money; and it was now doubtful whether I should ever obtain that, or not. Upon further reflection, I recollected that Wages had given me a diagram or map of the place where our, now my money was hidden, and a direction of the course so that I certainly could find it. Stimulated with the idea of being worth thirty thousand dollars, I began to cheer up and returned home.
The first thing was to procure my map or diagram, which I did. I found all my friends grieving. The first word asked me by old man Wages and the old lady was: “What are you going to do, James? Are you not going to seek vengeance on that Harvey?” Both then said to me, “James we will give you one thousand dollars for Harvey’s scalp, if you will kill the rascal or have it done.” I then told them I would see some of my friends, and let them know in a short time.
A short time after that I received a notice to attend a meeting of the clan, at our Wigwam in the city, on a certain night. So I disguised myself and went into the city and attended, and in that meeting I met several officers of the city, such as constables, deputy sheriff, etc., who all told me not to be afraid; that there would be no exertion to arrest me. There were a number of resolutions passed commemorative of the demise of our departed friends and brothers Gale H. Wages and Charles McGrath. After the adoption of these resolutions, I then raised the question before the meeting as to the propriety of taking up with old Wages’ offer; and after explaining that offer to the meeting, it was unanimously approved; and I was nominated to head and lead the band on that expedition, with power to select as many, and just such men of our clan as I thought necessary. So I selected Jackson Pool, Sam. Stoughton, John Copeland and Thomas Copeland. I selected them because they were good woodsmen, and I knew that Pool and Stoughton were brave.
After I had made the selection, I called them all together and we held a consultation. It was agreed that we would go and make the trial on Harvey; but that we must have five hundred dollars from old Wages in advance. I went to old Wages, and told him what was our conclusion. He hesitated at first, and offered to give us security that the money should be paid when we had done the job; I told him, “no! it was a dangerous undertaking, and we must be paid something to start with.” Finally, after consulting with his wife, he agreed to give us the five hundred dollars. Our only business then was to prepare ourselves with the best of double-barrel guns and pistols and bowie knives, with plenty of ammunition and percussion caps of the best quality, and thus armed and equipped we were ready for our journey.
Now I had a two fold object in view; that was, to go on to Catahoula, and search for my money, and for that purpose I took with me my diagram or map. The old man forked over the five hundred dollars, and we made ready for the start.
On Sunday morning the 8th day of July, 1848, we all set out from Wages’ place on Big Creek, where we had assembled for that purpose. We had not traveled far before Thomas Copeland was taken sick and turned back, at Dog River. We then traveled on by Fairley’s ferry, the O’Neal settlement and by James Batson’s to Harvey’s place. We traveled leisurely and camped out every night. We did not stop at any house after we left Pascagoula, and we reached Harvey’s place early in the day on the Saturday following. I was well acquainted with the place for I had been there with Wages and McGrath when Allen Brown lived there.
We found the house empty, but from appearances we judged that the farm was cultivated. We saw signs of foot steps about the house and yard, from which we inferred that Harvey was in the habit of coming about there daily. Our next business was to prepare for action. We went into the house and made many port holes on every side, so that we could shoot Harvey, let him approach which ever side he would. Our next business was to examine around the premises for his path, and place a sentinel there in ambush for his arrival. This sentinel was cautiously relieved every two or three hours, whilst the balance of us remained close inside or about the house, eating figs, peaches and water melons and destroying more than we eat.
In the afternoon we began to get hungry; I proposed to the balance to go over to Daniel Brown’s, about a mile and get some bread and meat for us all. Pool and Stoughton objected, and said, “there is plenty of green corn in the field; let us make a fire and roast some of the ears and eat here.” I then objected, and told them that if Harvey discovered a smoke in the house he would take the hint, and give the alarm, and that we should have the whole of Black and Red Creek down upon us. They still persisted, and Stoughton went into the field, gathered about twenty ears of the best and greenest corn and brought them into the house. Pool went out and brought in a load of wood and made a large fire and they roasted their corn.
That was precisely what betrayed us—the smoke issuing from the chimney of the house.
After the corn was roasted, we all eat heartily; John Copeland was on guard; Pool took his place, and John came in and eat. A little before sunset it was Stoughton’s time to relieve Pool. My brother John proposed to Stoughton to let him relieve Pool, and for Stoughton to take the next watch around the house. So it was agreed, and Pool came to the house.
Awhile after sunset, Stoughton, Pool and I were sitting on the gallery, talking very low, about the way we should have to manage. We were fearful Harvey was not at home, or had left the country. Some of us were eating figs and some eating peaches. All of a sudden our attention was arrested by a large white fowl, which passed through the yard some fifteen or twenty yards from us. It was a kind of fowl that I had never seen before, nor had either of my comrades, as they asserted. It walked some ten or fifteen yards; we rose to get a more minute view, and it took flight and ascended, until we lost sight of it in the distance. This seemed to strike Pool with terror and amazement, and he reflected a few minutes and said, “Boys, I shall be a dead man before to-morrow night! That is an omen of my death!”
Stoughton laughed and said to Pool, that if he was a dead man he would make a very noisy corpse; but Pool still insisted that it was a signal of his death, and urged hard that we should leave that place, and retire to one more secluded. “I did wrong,” said he, “in making fire in the house.” We tried to laugh him out of his predictions, but all to no purpose; and sure enough, as he had conjectured, before the next night he was a corpse.
The Famous Harvey Battle.—[See page 103.
Just before dark, Stoughton went to where brother John was stationed, and they both remained until after dark; they then came up to the house, and Stoughton mounted guard. All this time Pool appeared to be in a deep study and had nothing to say, appeared dejected and low spirited. We all laid down, except Stoughton, to try to sleep; I could see Pool and John; they could not sleep. The moon rose two or three hours before day, and I got into a doze several times and each time the most huge serpents would be after me, that I ever beheld. This would waken me, and finally I got up and walked about; I found Pool was up. Stoughton said he could not sleep, and brother John got up and said he could not sleep. We then consulted together and Pool was for leaving the place before day. Stoughton objected, and said, “Let’s wait until eight or nine o’clock in the morning; after Harvey gets his breakfast he may come to the orchard for fruit. If he does not come by this time, we may leave.”
Daylight made its appearance not long after that, and shortly after the sun rose, and poor Pool said after the sun had risen above the horizon: “How beautiful the sun looks this morning; the sky looks so pure, clear and serene!” Poor fellow! It was the last sun that he ever beheld encircling this earth.
The time passed on until between eight or nine o’clock. We were all out in the yard, eating figs and peaches; John Copeland all at once cried out: “Boys, there comes a young army of Black Creek men!” We all dodged into the house. Pool seized his gun, and says, “boys take your guns!” I said to him, “they will not trouble us; they are a company out hunting, and are coming in here for figs and water melons and other fruit; they are not in pursuit of us!” “Yes they are,” said Pool, “and I will sell my life as dear as I can!” So saying he cocked both barrels of his gun and pistol and eased his bowie knife in the sheath.
We had given no instructions, only to be silent and remain still. They seemed to separate and go in different directions. On coming near the house, some one of their company hailed to the balance, “come on, boys, here they are!” “There!” said Pool, “I told you so.” So soon as we heard this, we knew that we had been discovered, and that it was to kill or be killed.
I made my escape out of the house the first opportunity I saw, dodged around a big fig tree, and looked back a moment at the house. Pool was standing in the door with his gun at a poise. Harvey came round the corner of the house, on Pool’s right, and jumped into the gallery; Pool immediately fired, and struck Harvey in the left side. Harvey immediately squared himself and shot the contents of his whole load in Pool’s side, and fell on the gallery. Pool stepped into the yard, and another man shot him in the breast, and he immediately fell dead.
At this moment Stoughton and John Copeland jumped out of the door and ran; I wheeled immediately as the crowd rushed around the house, and ran. At the report of the next gun, the shot whistled all around my head, I then heard several guns. It appeared to me there must have been five hundred at that moment; and I have no doubt that I made the best running there that I ever made in my life before. In fact, it seemed to me that it was no trouble, that I never touched the ground, but flew over it.
After I had got a sufficient distance from the place, and found I was not pursued by any of their party, I stopped to reflect to myself, and wondered what had become of Stoughton and my bother John. Pool, I knew, must be dead, for I saw him fall, and the blood gush from the wound. I felt almost certain that Stoughton and my brother John were both killed also, from the number of guns I heard fired, as I thought.
It was then that I more seriously meditated on my situation than I ever had done before, and wondered to myself what I should do for the best. I felt very sad, and thanked my God for my providential escape, believing that all the rest of my comrades were in eternity. But after I had thus meditated and reflected upon the past, I felt that I deserved death, when all my crimes again stared me full in the face. I then formed a stern resolution within my own breast, that if God would permit me ever again to reach my home, that I would refrain from all my evil ways, and become a Christian, believing that God had been merciful to me, in preserving me, and hurling my comrades and associates into another world.
After a while I became more collected and concluded I would go over to Daniel Brown’s, who, I knew, did not live far from that place. I had been there but a short time when my brother John came up, bare-headed, and mud above his knees, where he had run through a muddy reed-brake. He called me to one side, and in a few words he told me that Stoughton was not killed, but Pool was, and that our enemies had left there. He saw them carrying Harvey away, and he thought Harvey was dead; that we had better go over and do something with Pool and get Stoughton, and leave.
This was on Sunday, the 15th of July, 1848. Several persons had accidently happened in at Brown’s that day. I went into the house and told the company what had happened over to the other house, since I left; that there had been some shooting done, and that Pool was killed, and I expected Harvey was; that we were on our way to Honey Island, and stopped there for the night; and that I had come over to Brown’s to get some bread baked, and that it had all occurred since I left; and that I would like to go over and do something with Pool, and see if Stoughton was killed. A number of persons went with us to the place, some ladies among the rest. When we got there we found Pool lying dead. We laid him straight on his back. I recollected that he had some money, and I soon sounded his pockets, and obtained one hundred and twenty dollars of the money I had given him. There was a five dollar gold piece missing. I took all he had. As he had other means, I knew that the money would do him no good then. I went into the house and got John Copeland’s hat, and went down to the side of the swamp and called Stoughton, and he came out. We were then all together again, except Pool.
We gathered our guns, returned to Brown’s, eat dinner, and left for home. But in the affray I had lost my memorandum book, and in that book was the diagram or map and directions where to find the money which belonged to Wages, McGrath and myself; I hunted for it diligently, but could not find it. It certainly went in a very mysterious way, and I have often since thought that the decree of Justice forbid me enjoying that money.
After we left Brown’s that day, we traveled on the same route we had come. We slept in the woods that night, and next day we got something to eat at Peter Fairley’s, and so continued our journey on home, where we arrived on Sunday, the 22d of July, having been gone just fourteen days. When we arrived, old Wages was highly pleased that Harvey was killed, and he and the old lady very promptly settled with us. He paid us off with his place on Big Creek, in part, and the balance in hogs, cattle, pony horses, carts and farming tools and utensils. My father and mother, with the family, removed to the place.
In a very little while after that, the times began to be very squally. Old Wages and his wife had to pull up stakes, take their negroes and leave the country, at a great sacrifice of their property. I was already an outlaw; my brother John now became one with me. Stoughton, like a fool, as he was, took a yoke of oxen, or some cattle, which he had received from Wages in part pay for his services, to Mobile for sale. While there, he was arrested and put in jail, under the requisition of the Governor of Mississippi, and conveyed from Mobile to Perry county, where he was tried and convicted twice. The first conviction was reversed by the Appellate Court, and while in prison, waiting a second hearing, he died. So went another of our clan to eternity.
I still continued laying out and hiding myself from place to place, fully intending to leave the country just as soon as I could settle my business; and I even made several appointments of times that I would go, but some way, or somehow, there appeared to be a supernatural power which controlled my every action, and I could not leave the vicinity of Mobile.
During that fall and winter my brother John and I made two trips from Big Creek to Catahoula to hunt for that money, and the last trip we made I was prepared to leave. Brother John had left the principal part of his money at home, and had to go back after it, and he prevailed on me to go with him. We returned to the vicinity of Mobile, where I loitered away my time for some month or two, and it seemed that my mind in some way became confused and impaired, and I took to drinking too much spiritous liquors. One day, some time in the spring of 1849, my brothers John, Thomas, Isham or Whinn, and I were at a little grocery store near Dog river, about twelve miles from Mobile. I drank too much spirits and became intoxicated, and in that situation I imagined every man I saw was trying to arrest me. I fell in with a man by the name of Smith, an Irishman, and a difficulty occurred between us; I concluded that he intended to arrest me. I drew my double-barrel shot gun upon him and intended to kill him. He was too quick for me; he threw up my gun, drew his dirk and stabbed me just above the collar bone. The wound did not quite penetrate the cavity of the chest, or it would have killed me; I threw down my gun and ran about two hundred yards and fainted. My brothers then carried me about two miles, and one of them went home and got a carriage and took me home. Smith went to Mobile and told the news. A party came out and tracked me up by the blood, and arrested and carried me to Mobile jail.
I was now in the worst situation I ever was in in my life. One indictment against me in Alabama for larceny, and another against me in Mississippi for murder, and the requisition of the Governor of Mississippi then in the hands of the officer to carry me there to be tried. The question was which trial to avoid; if found guilty, as I felt certain I would be, in both cases, one would be the penitentiary for not less than four years, and the other would be hanging. I employed the best counsel that could be procured in Mobile, and on consulting with him and making him fully acquainted with all the facts, he advised me to plead guilty of the larceny and go to the penitentiary of Alabama; “for,” said he, “you may stand some chance after your four years are out to make your escape from the clutches of the law in Mississippi. They may not think to file their requisition with the Governor of Alabama in time, and in that event, when your time expires, you will be let loose.”
My trial came on before my wound was near well, and I was brought into court and arraigned, and the indictment read to me in open court. When asked “are you guilty or not guilty?” I plead guilty, after which my counsel addressed the court and prayed its indulgence in passing sentence, and that the term of punishment be made as short as the law would permit, which was accordingly done, and sentence of four years at hard labor in the penitentiary of Alabama was passed upon me.
I accordingly served out my four years at Wetumpka, Ala., and all to avoid going to Mississippi to be tried for the murder of Harvey.
However, I did not evade the rigor of the laws of Mississippi. The vigilance of the Sheriff of Perry county threw a guard around me, that secured to him the possession of my person at the expiration of my time in the penitentiary of Alabama, and he immediately transferred me to the county jail of Perry county, Mississippi.
I remained in the jail of Perry and Covington counties upward of two years before I had a trial. I was found guilty of murder; and the sentence of death was passed upon me, and the day appointed for my execution. Within eight days of the time the Sheriff informed me that my time was only eight days, and that my rope, shroud and burial clothes were all ready. He then read to me the death warrant! My tongue nor pen cannot express my feelings on that occasion during that day and night. However, to my great joy, the next morning he brought me the glorious news that the clerk of the court had received a supersedeas and order to respite my execution, and carry my case to the High Court of Errors and Appeals.
I cannot express my joyful feelings on receiving this intelligence. It removed that cloud of horror and despair, which was lowering upon and around me, and renovated anew my whole soul. It was to me as a refulgent light from the sun of heaven cast upon the dark and gloomy vale; but, alas, how ephemeral that sunshine of joy and bliss! That fickle dame, Fortune, upon whose wheel I had so successfully floated in former days, finally brought me to the same point where I started.
I was, therefore, conveyed from the Perry county jail to the State penitentiary at Jackson, to await there a hearing of my case in the High Court of Errors and Appeals, and remained there about two years. In the meanwhile my case was argued before this Court, and the judgment reversed, and the cause remanded for further proceedings in the Circuit Court of Perry county.