Dallas-Autauga County AlArchives Court.....Noles ("Knowles"), Joseph May 18, 1854 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/al/alfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Larry Knowles http://www.genrecords.net/emailregistry/vols/00012.html#0002854 February 25, 2005, 2:18 am Source: Alabama Supreme Court-june Term, 1854, Alabama Archives Written: May 18, 1854 MURDER IN DALLAS COUNTY Note: The following transcription was made from copies taken from the original Alabama Supreme Court journal(June Term-1854)found in the State Archives. It documents the Dallas County Circuit Court trial of Joseph Noles("Knowles")in May 1854, for his crime in February 1853. Evidently existing records at the local level are limited to docket notations and, perhaps, Circuit Court minute entries. I tried to follow the seemingly erratic line by line format of the original, together with the fractured spellings and meager punctuation, as best as interpreted! I hope that effort is not mangled in this format. Larry Knowles [See closing note and additional comments) __________________________________________ Transcript-THE TRIAL OF JOSEPH NOLES-Dallas Co. Circuit Court-May 18, 1854 (Page 1) FIRST TRIAL OF JOSEPH NOLES, MAY 18 1854 Be it remembered that the following proceedings were had at a term of the Circuit Court of Dallas County State of Alabama at a Circuit Court began and held on the sixth Monday after the fourth Monday in March in the year of our Lord One Thousand eight hundred and fifty four being the eighth day of May 1854 and American Independance the Seventy eight year Present the Honorable Nathan Cook Judge presiding The State of Alabama Dallas County(Circuit Court)Spring Term 1853. The grand jury of said Dallas County charge that on the fourteenth day of February Eighteen hundred and fifty three Joseph Noles unlawfully and with malice aforethought killed George T. Sharp by shooting him with a gun against the peace and dignity of the State of Alabama. J.A. Stallworth Solicitor of the Second Judicial circuit of Alabama H.W. Randall Pros(?) A True bill-Saml M Hill foreman of the grand jury Filed in open Court May the 13th 1853-E. Whitted clerk Spring Term 1853 The State of Alabama This day came James A Stallworth Vs Solicitor of the second judicial Circuit Joseph Noles of the State of Alabama and the prisoner in his own proper person who being arraigned upon the bill of in -dictment for a plea thereto pleads not guilty whereupon it is ordered by the Court that the trial of the prisoner be set for Wednesday of the second week of the present term of this court it being the eightee nth day of may Eighteen hundred and fifty three and it is further ordered that the Sheriff fourthwith Summons Seventy Jurors in addition to those Summonsed for the second week of this term from whom a Jury shall be impaneled to try the prisoner and further ordered that the Sheriff serve the prisoner or his council with a copy of the indictment and list of the Jurors two entire days before the day set for said Trial Spring Term 1853 State of Alabama This day came James A Stallworth Solicitor Joseph ^ Noles of the second Judicial Circuit and also __________________________________________ (Page 2) FIRST TRIAL OF JOSEPH NOLES, MAY 18 1854 the prisoner in his own proper person and the cause is continued by defendant Spring Term 1854 The State of Alabama This day came James A Stallworth Vs Solicitor of the second Judicial Circuit Joseph Noles of the State of Alabama and also Came the prisoner in his own proper person and by consent it is ordered by the court that Thursday of the second week of the present term of this court being the eighteenth day of May Eighteen hundred and fifty four be appo -inted and set apart for the trial of the prisoner and it is further ordered that the sheriff fourthwith summons Seventy Jurors who together with the original pannel Summonsed for the second week from whom a Jury shall be impaneled to set upon the trial of the prisoner and that the sheriff serve the prisoner with a list of the Jurors and a copy of the indictment two entire days before the day set for the trial of this cause Spring Term 1854 The State of Alabama This day came James A Vs Stallworth solisitor of the Joseph Noles second Judicial Circuit of the State of Alabama and the prisoner in his own proper person and the prisoner withdraws his plea of not guilty and demurs to the indictment on the ground that it does not conform to the forms of the Common law which being argued and fully conside red by the court is overuled and thereupon the pris -oner pleads not guilty whereupon came a Jury to Wit William M Ridgeway Nathan B. Reed Alex -ander J Warford James Chislon(?) James M Sorrel Herman Van Pitt Richard U Bryant Peter W Webster John S Mayse Edward Rollen James A Fountain and Samuel J Howard who being elected and sworn well and truly to try and true deliverance make between the State of Alabama and the prisoner at the bar upon their oaths do say they find the defendant guilty of murder in the first degree and sentance him to be hung and thereupon the prisoner was remanded to Jail ______________________________________ (Page 3) FIRST TRIAL OF JOSEPH NOLES, MAY 18 1854 The State of Alabama On this 31st day of May 1854 after Vs the defendant Joseph Noles had Joseph Noles been sentanced by the court the said Noles by his council submitted the following motions 1st To set aside the verdict because the same is uncert -ain and insufficent and without any warrant in law 2d Because the verdict purports to find the prisoner guilty of an offince for which he has not ben(sic)indicted 3d Because the verdict of the Jury has been rendered before the prisoner has been indicted 4th Because the Jury rendered their verdict before any indictment has been prefered against the prisoner 5th To amend the verdict by striking out the following words in the verdict viz --in the first degree and that we sentance him to be hung 6th To amend the verdict by striking out the words found in the verdict as follows--and we sentance him to be hung If the above motions are refused then to arrest the Judgment on the above grounds and on the additional following grounds 1st Because the indictment is informal insufficent and defective in not describing the offence according to the com -mon law nor according to the statute prescribing and dict -ating the offence 2d Because it does not appear by the indictment that the offence was committed in Dallas County and without which the court would not have Jurisdiction 3d Because the offence for which the prisoner has been convict -ed is not described in the indictment with that degree of Certainty as to enable the court to pronounce judgement upon the conviction according to the right of the cause(?) 4th Because no judgement can be pronounced by the court on the finding of the Jury the same being informal in sufficent and defective and not according to the requiremen -ts of the statute Which several motions having been heard by the court were severally overuled And now at this day to Wit the 31st day of May 1854 the prisoner Joseph Noles is brought into court and says nothing why the sentance of the law should not be pronounced against him It is therefore the sentance of the court that the prisoner be remanded to the Jail of Dallas County _________________________________________________ (Page 4) FIRST TRIAL OF JOSEPH NOLES, MAY 18 1854 there to remain until the 11th day of August AD 1854 and on that day he be taken by the sheriff of Dallas County either to said Jail or to the yard thereof or to some other convenient place if it cannot there be conv -eniently done and then and there be hanged by the neck until he be dead The State of Alabama Circuit Court Spring Term 1852(sic) Vs Be it remembered that on the Joseph Noles trial of this cause in which the defendant was charged with the murder of one George T Sharp the State introduce(d) one James H Burns who testafied that he was at the time an acting Magistrate of Dallas County and issued as such magistrate the warrant which was after being thus proven read to the jury and is in the words(?) and following to Wit The State of Alabama Dallas County To any Sheriff Coroner or constable of said County Greeting Whereas Mary Noles wife of Joseph Noles of said County has personally appeared before the undersigned an acting Justice of the Peace in and for said County and has taken a corporal oath that she the said Mary Noles is affraid that her husband Joseph Noles of said County laborer(?)will beat wound maim or kill her or do her some bodily hurt and has therefore prayed surety of the peace against him the said Joseph Noles These are therefore to command you in the name and by the authority of the State of Alabama that amediately upon recipt hereof you bring the said Joseph Noles before me or some other Justice of the Peace of said county to find Surety as well for his personal appearance at the next Circuit Court to beholden for the said County as also for his keeping the peace in the mean time towards the Citizens of this state and chie -fly towards the said Mary Noles Given under my hand and seal this 11th day of February 1853 J H Burns JP(Seal) Mr G T Sharp is authorized to execute this warrant February 14th 1853 J H Burns J.P. ______________________________________________ (Page 5) FIRST TRIAL OF JOSEPH NOLES, MAY 18 1854 The Said Burns being further examined stated that on the morning of the day of Sharps death the prisoner was in the vilage of Burnsville in Dallas County where he(Burns)resided and that he(Burns)informed the prisoner of the issuance of said warrant and stated to him that there was no constable in the Beat to arrest him[but]but that if he could get any one to serve as special constable he would appoint him as such and have the prisoner arrested in a few minutes after this conversation the prisoner went into the office of Burns and demanded or claimed an investigation of the Charges against him imbraced in the warrant in reply to this demand Burns told the prisoner that he knew that he had no officer to arrest him or to whom he could surrender himself and that he could not hear(?) the cause until he was in custody and he stated to the prisoner that if he(the prisoner)could get anyone to consent to serve as an officer for his arrest that he (Burns)would appoint such person Special constable and that he[then]could then surrender himself or be arrested and the investigation could be had on the warrant soon after this the deceased George T Sharp at the request of Burns the mag -istrate consented to act[as special]constable for the arrest of Noles and was accordingly appointed the prisoner[was]still in Burnsville when this appointment was made but there was no proof as to whether the prisoner knew of this appointment or not in a verry few minutes after this the prisoner left the Village of Burnsville and started in the direction of his home a(sic) which was at the distance of near two and a half miles the proof did not show whether or not at the time of his appointm -ent by the magistrate as such special constable the Mag -istrate gave to him(Sharp)the warrant for the arrest of Noles there was evidence tending to show that verry soon after Nowls started home Sharp started in the same direction and overtook Noles at the house of a Mrs Kelly in the edge of the Village and some three or four hundred yards distant from the office of the magistrate Burns Mrs Kelly called upon Sharp to make Noles leave her house and about this time one Perry who was intoxicated was quareling with Noles and made an attempt to strike him with a stick which Sharp prevented by getting in between them and then urged Noles to go home and shortly thereafter ____________________________________________________ (Page 6) FIRST TRIAL OF JOSEPH NOLES, MAY 18 1854 Noles left-a boy about twelve or fourteen the < (Thomas C. Knowles) son of the prisoner stated that he was present at this time and that during the controversy between Perry and Noles Sharp said to Noles that if he Noles)struck Perry with the stick that he(Sharp) would kill him(Noles)and that this ocured in the road in front of the house of Mrs Kelly and some twenty or thirty steps from her door the other witness -es stated that they heard no such conversation and that Noles was at the time of this controversy in the house of Mrs Kelly and that when he left the house he proceeded amediately on his way home this ocured about ten O clock in the morning of the day in which Sharp was killed there was no evidence that at this time the said Sharp said anything to Noles about the warrant About two hours after this the deceased as such Special cons -table with the warrant in his possession in compa -ny with one Leslie one Carson and one Strickland(sic) went to the house of the prisoner to arrest him on said warrant That the deceased and his associates were all unarmed and approached the house in an ordinary quick manner when they(the deceased and his associates)were within some twenty or thirty yards of the house of Noles which was in an open field and they approached it in front the prisoner came out with a gun in his hand cocked and leveled at Sharp and ordered them to stop or he would kill some of them and thereupon the deceased and his companions halted their horses and turned to ride off as they done so Kirkland who was present said that deceased said to the prisoner that Mr Burns(the Magistrate) had sent him Sharp to take him Noles on the war -rant and that he would be back for that purpose in the evening the reply of Noles was to this Verry well I shall be here Leslie and Carson[stated]that they did not hear these declirations that from(their)posision(?) their opportunity to hear it was as good as Kirklands that their attention was not directed to what passed between deceased and Noles and that these decli -rations pro and con might have been made without their having heard them late in the afternoon of the _______________________________________________ (Page 7) FIRST TRIAL OF JOSEPH NOLES, MAY 18 1854 same day the deceased returned with the warrant to the house of the said Noles in company with one Hall one Cox and some five or six others none of the company having a gun but the deceas -ed-that as they approached the house Hall and Cox being several yards in advance of deceased and riding the one on one side and the other on the other side of a path leading up to the house-in which the deceased was riding and when they were within about sixty five or seventy yards of the house the prisoner steped in front of the house from around the end where up to that time he had been concealed or was not seen by any of the company with a large single barrelled shot gun in his hand cocked and leveled Hall says for an instant at him and then moved it from him in the direction of Sharp though the deceased being rather behind him he could only[judge] of this by the direction in which he was the witness nearest to Sharp and had a full view of both Noles and Sharp-state(sic) that the gun was held for an instant on Hall and then leveled at Sharp who was at the time on his horse with his double barreled shot gun lying across his lap Noles called out to them Stop or I will kill some of you all the company including the deceased except Hall and Cox who rode on Stoped amediately Hall stated that he called out he is going to Shoot another witness said that Hall said shoot he is going to(shoot?)some of us when Hall said this the deceased got off of his horse on the left side in the act of decending taking hold on the barrells of his gun in his left hand and as he landed on the ground on his feet he took hold of the brich(sic)with his right hand all of this time the gun of Noles being levelled(sic)with him and that the deceased as he landed was in the act as witness thought of bringing his gun to a level or present and at that moment and [and]amediately upon Sharps lighting upon the ground Noles fired giving to the deceased the wounds of which in a few minutes he died That after the death of Sharp both barrells[hammers] of the doubled barrell shot gun were down and on the tube of the right hand barrell there was no cap no one exam ined the gun to se(sic)whether it was loded or emty(sic)it was a gun which had been taken from a store just as they left Burnsville to go to make the arrest It was not proven that the prisoner lived in the beat of Burns the Justice but it was in proof that his residence was in Dallas County It was further in proof that the prisoner amediately ___________________________________________________ (Page 8) FIRST TRIAL OF JOSEPH NOLES, MAY 18 1854 after the killing fled and was persued for some distance by Cox and Hall who were not able to ovetake(sic) him-and that as he ran he loaded his gun-that he got away entirely and was some weeks thereafter arr -ested in Georga(sic)and brought back It was admitted by both parties that a Justice of the Peace under the law had a right to deputize a person to act as constable for the execution of process in cases of emergency The evidence being through the court charged the Jury that the deceased had a right to arrest the prisoner out of said Burnses beat under the warrant and any where in the County to this charge the prisoner excepted The prisoner asked the court to charge the jury that unless there was an emergency to appoint the deceased special constable his(his)appoinment was void and he had no right to attempt to arrest Noles under it This charge the court gave with the qualification that if there was no officer in the beat or in the neighbour -hood that showed a sufficent emergency or that at all events the magistrate making the appointment must Judge of the emergency to this refusal to give the Charge asked without a qualification as well as to the qualification given the prisoner excepted The prisoner also asked the Court to charge the jury that if the warrant[did not]recite the substance of the compl -aint it was a void process and gave no right to arrest Noles this charge the Court gave but stated that suf -ficient appeard(sic)upon the face of the warrant to authorize an arrest to the charge as refused and as given the prisoner excepted The prisoner also asked the Court to Charge the Jury that if an officer in attempting to a process does what the law does not authorize him to do he is a trespasser and the person charged is not bound to regard him as an officer and may resent him This charge the Court refused to give on the ground that (it)was abstract and the prisoner excepted and now the prisoner prays that this his bill of exceptions may be signed and sealed in term time which is done accordingly The Court also charged the jury that if the prisoner did not know deceased to be an officer he was not bound to respect him as such and in that case the prisoner had a right to treat the deceased as he would _________________________________________________ (Page 9) FIRST TRIAL OF JOSEPH NOLES, MAY 18 1854 any other private individual and neither the warrant or the appointment of the deceased should have any thing to do with their considerations or verdict in the case and the prisoner(prays?)that this may be signed and sealed as his bill of exceptions which (was)done in term time by the Court Nat Cook(Seal) Pre Judge The State of Alabama Dallas County I Esker(?) Whitted Clerk of the Circuit Court in and for said County do hereby certify that the foregoing pages numbered from 1 to 9 inclusive-contains a true perfect and complete transcript of all the[records]& proceedings had in the cause wherein the State of Alabama is the plaintiff and Joseph Noles the defendant as appears of record and on file in my office Given under my hand and seal of Office-at office in Cahaba this 2nd day of June A.D. 1854 E. Whitted Clerk _____________________________________ NOTE: The foregoing information was found in a bound volume of the Alabama Supreme Court, June Term-1854. It consisted primarily of a nine page transcript, copied and certified, June 2 1854, by E. Whitted, Clerk of Circuit Court, Dallas County Alabama. A cover page also noted that the appeal was filed on June 8 1854-entered by clerk(John D.)Phelan. It also showed that on July 27 1854, Chief Justice Chilton overturned the lower court ruling. A good look at the cover page shows that Justice Chilton initially upheld the Circuit Court decision, the word "affirmed" is crossed-out(x-x-x-x). The clerk's notation, in pencil, shows: "Cert prep-recalled", perhaps, certification(?)prepared, then recalled? Terms like, Recension(?), Reversal, and Remanded(and others)are hard to decipher, but a new trial was ordered! (Clerk note: "Cert-sent"). There was also a loose "Writ" from Clerk Phelan to Clerk Whitted, dated July 20 1854, requesting other documents-perhaps, the three or four pages following the transcription, containing a list of Jurors, and Grand Jury organization. Joseph Noles was retried in November 1854. Additional Comments: See the transcript of the second trial on this site. For more information on "The Trials of Joseph Noles, 1817-1907", see website KNOWLES IN GEORGIA http://members.tripod.com/knonga File at: http://files.usgwarchives.net/al/dallas/court/nwl13noleskno.txt This file has been created by a form at http://www.genrecords.net/alfiles/ File size: 22.5 Kb