Dallas-Autauga County AlArchives Court.....NOLES ("KNOWLES"), JOSEPH November 16, 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, 4:21 pm Source: Alabama Supreme Court Journal-state Archives Written: November 16, 1854 MURDER IN DALLAS COUNTY Note: Joseph Noles' conviction was overturned by the Alabama Supreme Court- June Term, 1854. He was tried again in Dallas County Circuit Court beginning on November 16, 1854. Results of the second trial were also appealed, and the decision affirmed by the Supreme Court. Details of both trials apparently do not exist in Dallas Co. records. In a limited search, I found notations only in the local court dockets. See the transcript of the first trial, also on this site; for further information, see additional comments following this text. _______________________________ TRANSCRIPT-THE SECOND TRIAL OF JOSEPH NOLES-November 16, 1854 Note: The following thirteen pages were found in a bound volume of the Alabama Supreme Court-January Term, 1855. A cover page noted that the appeal was filed February 12 1855-and that, the lower court decision was affirmed by Justice Rice (#245)-and certification sent, March 1 1855. Also, on this page were the motions filed by plaintiff's lawyers(in an appeal the State was the defendant). A facing page contained very similar motions. Three attorneys were listed: Wm. M (?). Murphy, Thomas William(s?) Jr., and, George W. Gayle(both pages). Another page provided an index to items within the transcript. ____________________________ (Page 1) SECOND TRIAL OF JOSEPH NOLES, NOV. 16 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 September in the year of Our Lord One thousand Eight hundred and fifty four being the sixth day of November 1854 and of American Indep endence the Seventy ninth year Present the Honorable Nathan Cook Judge of the Second Judicial Circuit The State of Alabama Circuit Court Dallas County 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 un- lawfully 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 H W Randall Pros Alabama A True Bill Saml M Hill foreman of the Grand Jury Filed in Open Court May 13 1853 E Whitted Clk. Spring Term 1853 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 indictment 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 eighteenth day of May eighteen hundred and fifty three, and it is further ordered that the Sheriff fourthwith summon Seventy Jurors in addition to those summoned(for the)week ________________________________________________ (Page 2) SECOND TRIAL OF JOSEPH NOLES, NOV. 16 1854 of this term from whom a Jury shall be empann eled 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 1852(sic-3-overwritten!) State of Alabama vs This day came James A Joseph Noles Stallworth Solicitor of the second Judicial Circuit, and also the prisoner in his own proper person, and this cause is continued by the defendant Fall Term 1854 State of Alabama vs This day came James Joseph Noles A Stallworth Solicitor of the second Judicial Circuit of the State of Ala- bama, and the prisoner in his own proper person and by Consent the trial of the prisoner is set for Thursday of the second week of the present term of this Court, being the 16th day of Nov- ember 1854 and(being)it is ordered by the Court that the Sheriff summon Seventy Jurors in addition to the regular Jurors summoned to attend for the second week, from whom a Jury shall be drawn to set upon the trial of the prisoner, and it is further Ordered that the Sheriff serve the prisoner with a list of the jurors, and a copy of the Indictment two entire days, before(before)the day set for the trial Fall Term 1854 State of Alabama vs This day Came James A Joseph Noles Stallworth Solicitor of the second Judicial Circuit of the State of Alabama, and the prisoner in his own proper person and thereupon came a Jury to wit- Elisha Camahan(?), Noah Williams, L J Moore, James A Blair, _________________________________________________ (Page 3) SECOND TRIAL OF JOSEPH NOLES, NOV. 16 1854 Patrick Chisohn, David Parnall?, John H Limbast?, E Y Wilson, John Chisohn, John Weeden, Allen Stephens and David Rodgers, who being elected and sworn well and truly to try the issue joined between the State of Alabama and the prisoner at the bar, upon their oaths do, say they find the prisoner guilty of murder in the first degree and (sentence him-to)penitentiary for life Fall Term 1854 State of Alabama vs And now at this day to wit Joseph Noles the eleventh day of December 1854 The prisoner being brought into Court and says nothing why the sentence of the law should not be pronouced against him It is therefore the sentence of the Court that the prisoner Joseph Noles be confined in the State penitentiary for and during his life and the Sheriff of Dallas County is charged with the execution of this sentence It is further ordered that the execution of this sentence be stayed until the fifth day of March 1855 to await the determination of this case by the Supreme Court The State Dallas Circuit Court Fall Term 1854 vs Before his Honor Mr Justice Joseph Noles Cook Be it remembered that at the Fall Term of the Circuit Court for Dallas, Came on for trial before Mr Justice Cook, the case of the State of Alabama against Joseph Noles, for the murder of George T Sharp The following is the evidence James H Burns, was the first witness sworn, He said he was an acting Justice of the Peace in the (beat?)where the prisoner lived and at(and)before the time and where the murder was charged to have been committed Here an affdavit made by the wife of the prisoner before Burns, and a warrant issued by Burns, were offered(?)by the State, and ______________________________________________ (Page 4) SECOND TRIAL OF JOSEPH NOLES, NOV. 16 1854 objected to by the prisoner, which objection was sustained and the affidavit and warrant(were) both excluded from the jury The State then offered(?)to prove the fact that the wife of Noles the prisoner having made an affidavit against the prisoner that this fact was Communicated to the prisoner, this was objected to by the prisoner but the objection was overruled and the prisoner excepted Burns then testified that Mrs Noles had made an affidavit before him, that he read the affidavit to Noles the prisoner who demanded an investigation, that Burns, told the prisoner he had no Constable or Officer to arrest him and that he would not try him unless he was regularly arrested, but if he would surrender himself to some one, he Burns, would appoint such person Constable and investigate it, that Noles replied he would see about it, and left, this was on the morning of the day Sharp was killed. the prisoner again objected to this evidence, and moved(?) (the Court)to exclude it, but the objection was overruled and the prisoner excepted, Burns also said that Sharp the deceased and Noles the prisoner were both in the village of Burns- ville on that day, Burns also testified that Sharp, first refused(?)but after being pressed agreed to go and arrest Noles, that he authorized him to go, by appointing him special Constable there being none in the beat(?), that he gave him the paper he had issued and Sharp said he would go, the prisoner objected to(so?)much of what this witness said saying he gave Sharp au- thority to go and that he gave Sharp the paper he had issued but the Court overruled the objection and the prisoner excepted, Burns said this was after Noles had talked with him and that Noles was not present, and that Sharp went off towards Noles' house this was in the morning of the day Sharp _______________________________________________ (Page 5) SECOND TRIAL OF JOSEPH NOLES, NOV. 16 1854 was killed This witness also said that Sharp Consented at the Solicitation of others He said a young man named Cole then a Clerk in his Burns Store in Burnsville, had a double Barrel gun in the store, which the young men some times hunted with, and which was kept loaded at night This young man Cole was now dead Burns testified he did not see the party when they started to go to Noles' house nor did he examine the gun after the killing of Sharp, nor did he know this was the Gun Sharp had at the time he was killed Kirkland testified that he was in Burnsville on the day Sharp was killed that in the morning of that day, Noles the prisoner was in Burnsville and had a quarrel or difficulty with a man by the name of Perry, in the house of Mrs Kelly, that Mrs Kelly requested Sharp, the deceased to take Noles out of her house, that Sharp went into the house talked with Noles, and they came out in a friendly manner that Noles then went off towards home, Shortly after this Sharp summoned the witness with six or seven other persons to go and arrest Noles, who lived some short distance from Burnsville, when Sharp and his Company got within 40 or 50 yards of Noles' house, Noles came out into the yard with his gun, in his hand and ordered Sharp and his party to stand off, that he said if we him he would shoot some of us he said to them, they were a drunken rowdy set & if they would go away and send some old men he would go with them, or if they would send a ten year old boy he would go with him, this witness said he had not been drinking, but that Perry had but was not drunk and none were and(Perry?)was the man Noles had quarreled with that morning in Burnsville, neither Sharp nor his Company had any Gun or other arms that he saw or knew of, he said when Noles ordered them to stop, they did so, that Sharp said to Noles not to shoot they would not rush upon him, but that he would return in the evening and arrest him, Noles replied he would be at home, Sharp and his party then left, ____________________________________________ (Page 6) SECOND TRIAL OF JOSEPH NOLES, NOV. 16 1854 he said they were all peacible(sic) and quiet & none of them drunk, This witness further testified that Sharp and his Company returned to Burnsville that he Sharp, then got a double Barrel(shot) gun but did not know where he got it from that Sharp summoned Wm B Hall and a man named Coxe, these men were older than the others were to return to Noles house for the purpose of arresting Noles, the gun was given to the Witness, which he carried until they got in sight of Noles' house when he gave the gun to Sharp that the Company rode(sic)on, Hall and Coxe in front, some 30 or 40 yards ahead of Sharp that the Witness was behind Sharp on his left some ten or fifteen yards off-that Noles came out into the yard that he then had his Gun in his hand, and ordered the Company to stop raising his Gun to his face and saying if they advanced he would shoot some of them the Witness says he only heard one command to stop, they all stoped, that Sharp who was then 60 or 70 yards off stoped and dism- ounted quickly On the left side of his horse holding the Gun in an elevated(?) position(?) in his left hand about the middle of the Gun and the bridle in his right hand, that Sharps' horse pulled back, he saw the Gun of Noles, (waivor?), as if directed from Hall and Coxe who were On the left of Sharp so as to(bear?)on Sharp, that he kept(his)eye on Sharp expecting him to shoot, as he had the warrant and Gun that as soon as Sharp was on the ground and fairly erect, Noles' Gun fired that Sharp did not present his gun to shoot (as)he saw that he Could have shot verry(sic) quick if Noles had not shot him first, that he only had to bring his right hand to the Gun and(and)he would be ready to shoot that he heard but One report he did not examine Sharps' Gun nor did he know whether it was loaded although he carried it part of the way, Sharp lived about _____________________________________________ (Page 7) SECOND TRIAL OF JOSEPH NOLES, NOV. 16 1854 ten minutes after he was shot Noles fled, Wm B Hall(next witness, said:)he went to Burnsville on the day Sharp was killed that between 2 & 4 ock. of that day Sharp summoned him to go and aid in arresting Noles, that he went and several other persons went also, That Sharp had a double Barrel Gun with him, that the Witness and a man by the name of Coxe were riding together in advance of Sharp, and the balance of the Company some 20 or 30 yards, that when he first saw Noles he had his Gun in his hand and Ordered the Company to stop, he said he would not be intruded on, and if they did not stop he would shoot, Sharp and the Company that were behind stoped, but the witness and Coxe did not stop, but advanced and witness saw from the cut(?) of Noles' eye "he was about to shoot attempted to throw himself from his horse in such a way as to avoid being shot, that he called out he(was) is about to shoot, or we are about to catch it, that Sharp was behind him some distance and at this time he did not see him, but he saw Noles move(?) his Gun quickly and the Gun fired and Sharp was killed that Noles fled and he pursued him some distance but did not over take him, he heard but One report, the Company went up to Noles house in a peaceble(sic) and quiet manner did not attempt any personal violence on Noles, does not remember saying shoot he is going to shoot us he had no arms with him C R Coxe testified that in(reference to?)after- noon of the day on which Sharp was killed he was summoned by Sharp to go, and aid in arresting Noles, Sharp had a Gun and this witness had a pistol in his pocket but did not draw it the Witness and Wm B Hall were together and in advance of Sharp, and the balance of the Company some 30 or 40 yards When they got within some Twenty or thirty yards of the house he saw Noles, as if he came around one corner of the house, he did not then have his Gun in his hand and he forbid(?) the approach of the persons any further and saying he would not _________________________________________________ (Page 8) SECOND TRIAL OF JOSEPH NOLES, NOV. 16 1854 be intruded upon Sharp and the party be- hind the witness and Hall stoped Hall said to the Witness let us go on, they(said?)did so, when Noles steped to the Corner of the house where he had come around and took(upon) up his Gun, Ordering them(again)to stop, saying if they did not he would shoot them the Gun was then presented when, Hall immediately made an effort to get from his horse and cried out "Shoot him he is going to shoot us" at this moment Noles passed his Gun from the Witness and Hall towards Sharp and very quick the Gun fired The Witness said he distinguished two reports, but he thought One at the time and still thinks that the[2nd]report was from the echo at the house, after the shooting he found Sharps' gun upon the ground near where he was shot the right hammer[was] down and the Cap was either busted(?)or off he did not examine otherwise whether the Gun was loaded F Carson was present in the morning when the Company went first to arrest Noles he forbid their approach and said they were a drunken set and he would not be intruded on, (then)ordered them to stop they did so 40 or 50 yards off Sharp said he would not arrest him then but would return in the evening and do so Noles said you will find me here the party had no Gun or other arms, they were peaceable and quiet, the party were not drunk, they all went back to Burnsville Sharp got a Gun and Summoned some more men Hall and Coxe, and when they Came in sight of the house witness and several others were behind Sharp ten or fifteen yards and were off to his right Hall and Coxe were before(?) some distance the first he saw Noles was in the yard with his Gun and ordered the party to stop and said if they rushed on him he would shoot some of them that his gun was pointed at Hall & _____________________________________________ (Page 9) SECOND TRIAL OF JOSEPH NOLES, NOV. 16 1854 and Coxe, Sharp was then upon his horse, Sharp then got down quick from his horse and Noles then (wavid?)his Gun from Hall and Coxe to Sharp, this was not until Sharp had got down or had started to get down from his horse, and the Gun did not fire until Sharp was fairly on his feet, he did not hear any one say "Shoot him" he was behind Sharp who had let his horse go before he was shot he only heard one report Mr(?) Lassiter was with the party in the morning and(proved?)about the same as the other witnesses Was present also when Sharp was killed The first he saw of Noles he was in the yard with his gun in his hand presented he said stop or I will shoot, he would not be rushed on and the Gun fired nearly as soon as the Words were out of his mouth he did not hear any body say "shoot" the Gun was not pointed at Sharp until he got down, when he got down from his horse, he had his gun in his left hand Witness was behind Sharp some thirty paces Sharp had let his horse go, the bridle reins over his neck before he was shot and was on the ground, when he was shot, heard but one report Dr Gee(?) examined the wounds of the deceased his death was produced from the wounds he examined they were in the left side, there were two wounds on his left arm-both infli- cted by one shot-where the shot entered and where it passed out, making two wounds this wound was about 2 or 2½ inches below the point of the shoulder(blade)where it passed out where this shot entered the arm it must have broken the bone if the arm had been down-it could only have taken the directed(?)it did when the arm was raised Dr Gee's(?) opinion was that this arm was raised level when this shot struck it-that it passed up the arm and went out at the point of the shoulder Mr McCain was not present at the shooting he followed the prisoner into ______________________________________________ (Page 10) SECOND TRIAL OF JOSEPH NOLES, NOV. 16 1854 Dooly County State of Georgia where he arrested him and brought him back to Alabama B T Sharp was brother to the deceased saw Noles when he shot was 150 yards off still behind all the Company thinks brothers Gun did not fire the horse deceased rode was a very wild horse, and deceased knew he could not shoot off of him This is all the evidence given by the State It was then admitted by the State that Mrs Barrett if present would prove that she heard two distinct reports of Guns in quick sucession between ¼ and ½(?) a mile from the place and at the time Sharp was killed West(?)also proved that Hall One of the Witnesses for the State told him that when they went to Noles they did not want to take him, they wanted him to go away His Honor among other things Charged the Jury 1st That Sharp and his party in going to the house of Noles to arrest him not having any warrant to do so, and no charge of felony against him were all trespassers and that the prisoner had the right so to Consider them and to treat them as such 2d But notwithstanding this if neither Sharp nor his Company intended to Commit any felony against Noles as by killing him or doing him great bodily harm stealing his goods or burning his house or the like and that neither Sharp nor(any of)his Company said or did any thing which might induce Noles to apprehend they intended to commit a felony or such thing as are above refered to then Noles could not justify killing Sharp but that he would be guilty at least of man- slaughter and of murder if the killing was of _____________________________________________ (Page 11) SECOND TRIAL OF JOSEPH NOLES, NOV. 16 1854 malice as the Court will hereafter explain 3d That the law regarded the liberty of the Citizen as sacred and every arrest of a Citizen without warrant where no felony actu- ally committed was charged and where the arrest was not to prevent the commission of a felony was a trespass and that such arrest was unl- awful(that such unlawful)arrest was in law a great provocation sufficient to excite and heat the blood of the party arrested and that if under such heat and excitement the party about to be arrested to prevent it(killed?) the trespasser it would be only manslaughter But 4th If in this particular case the prisoner knew and believed that Sharp and his party only intended to arrest him and Carry him before Esquire Burns to answer the Complaint to keep the peace and to prevent this he killed Sharp, with what the law calls malice as already explained to the Jury then he would be guilty of(?) murder notwithstanding the unlawfulness of ____ so intending to Carrying(?) him before jus- tice Burns The prisoner excepted to the Charge of the Court-and wrote out and asked the following Charges 1st If the deceased Sharp and his Comp- any went to the house of the prisoner in order to arrest him having no warrant or authority to do so then they were all trespassers and the prisoner was not bound to submit to their arrest and in forbidding their approach he did no more than he had a right to do and if the Company or any of them ref- used to stop but still advanced intending to arrest him and he could only prevent the arrest(but?)by taking up and presenting his Gun at the parties so advancing he had the right to do so, and if when he so presented his Gun still forbidding their approach one of the party called out to Sharp to shoot the prisoner, if Sharp had a Gun and dismounted immediately and did then any act or acts calculated resonably to satisfy the prisoner that he was then in danger of being immediately ______________________________________________ (Page 12) SECOND TRIAL OF JOSEPH NOLES, NOV. 16 1854 Shot by Sharp then it(then it)was lawful for the prisoner to shoot, and if he killed Sharp it was neither murder nor manslaughter and the prisoner(was)entitled(to?)an acquittal Which Charge the Court gave the Jury 2d That the of every free white man is sacred in law and every arrest or attempt to arrest him without warr- ant or other legal authority is a violation of their rights and to which he is not bound to submit and if he can only prevent such unlawful arrest by taking the life of the aggresser he has a right to do so, Therefore if Sharp and his Company having no warr- ant or other legal authority to arrest the prisoner went to the house of the prisoner intending to arrest him and then & there attempted to arrest him and such arrest could only be prevented by taking the life of Sharp then the prisoner is entitled to an acquittal This charge the Court refused & the prisoner excepted 3d If Sharp and his Com- pany went to the house of the prisoner to arrest him without warrant or other legal authority the prisoner was not bound to submit to that arrest nor was it neccessary for the prisoner to fear or believe that Sharp and his Company intended to Commit a felony or to Commit such violence on his person as to produce to him great bodily harm, but in order to preserve(?)protect and defend his liberty he had a right to resist & prevent this unlawful arrest, and if while doing so, Sharp and his party still pres- isted(sic)in their determination and attempt to arrest the prisoner then the killing of Sharp is not more than manslaughter at the most and if the arrest of the prisoner could not be prevented otherwise than by killing Sharp then such killing is neither murder nor manslaughter and the prisoner should be _______________________________________________ (Page 13) SECOND TRIAL OF JOSEPH NOLES, NOV. 16 1854 acquitted This charge as a whole the Court refused and the prisoner excepted 4th If Sharp and his Company went to the house of the prisoner intending to arrest him on any charge not amounting to felony and the prisoner had fled or refused to sub- mit to the arrest then if Sharp and his Company could not arrest the prisoner without taking his life and the prisoner had been killed by Sharp then such killing would have been murder in(?) Sharp and his Company so Consenting to the same which Charge the Court gave 6th When a man acts under a necessity malice is not implied from such acts, but such acts are to the necessity under which he acts The Court gave the first Charge as asked, and in the words asked, But refused to give the second charge and the prisoner excepted, the Court also refused to give the third charge, and the prisoner excepted The Court gave the fourth charge as asked The Court gave the sixth charge(d) as asked The Jury found the prisoner guilty of Murder in the first degree The prisoner prayed the Court to sign(and seal?)that this(was his?)bill of exceptions and that it may be ordered to become apart(sic) of the record and proceedings in said case and which is accordingly done & ordered in term time this 29th day of Nov 1854 Nat Cook(seal) pre Judge State of Alabama I E Witted clerk of the Circuit Court of Dallas County Dallas County and State aforesaid do Certify that the forgoing(?) pages numbered from one to thirteen contain a full true per- fect and complete transcript of all the record and proceedings in the Case of the State of Alabama vs Joseph Noles which appears of record & on file in my Office except the proceeding had in the former trial Given under my hand and seal of Office at Office this 20th day of Dec 1854 E Whitted Clerk ___________________________________________ Additional Comments: For more information on "The Trials of Joseph Noles, 1817-1907", see the website, KNOWLES IN GEORGIA: http;//members.tripod.com/knonga File at: http://files.usgwarchives.net/al/dallas/court/nwl14noleskno.txt This file has been created by a form at http://www.genrecords.net/alfiles/ File size: 27.1 Kb