BIBB COUNTY GA Court Trial of Brinkley Bishop - Murder of Turner Smith File contributed for use in USGenWeb Archives by Paul Reeves RReeves204@aol.com http://files.usgwarchives.net/ga/bibb/court/bishop2.txt SECOND TRIAL OF BRINKLEY BISHOP FOR MURDER OF TURNER SMITH 1849 June 26, 2001 Brinkley Bishop was convicted of the 1849 murder of Turner Smith in the courtyard of the Rutlands Courthouse in Bibb County, Georgia in the city of Macon. The trial was held in the Bibb County Superior Court. The transcript of this first trial can be found in the Bibb County archives, reached through the USGenWeb site. Following the trial, an appeal was made on Bishop's behalf due to proven juror bias, and he was granted a new trial. My memo dated 1996 preceding the transcript of this earlier trial gives the background of my interest in this case, and my ongoing search for information about the particulars of the case. Following my discovery of this first transcript, I hit a brick wall in my research, and could find no record of the second trial, or even information as to whether it took place at all. I did find a record where the Georgia Legislature pardoned Brinkley Bishop, for reasons unknown. Recently I was invited by the Webmaster of the USGenWeb Bibb County site to submit my first trial transcript to the Bibb County archives. I did so gladly, in the hope of contacting others who were also interested in this case. To my amazement, I almost immediately received a phone call from Leo Smith, a relative of a possible descendant of Turner Smith (the murdered man). Leo Smith had uncovered a transcript of the second trial of Brinkley Bishop in an LDS Family History Center, and generously sent me a paper copy of it. He also gave me permission to post this transcript to the Bibb County Archives. The second trial transcript reveals additional interesting information about this high drama that occurred so many years ago. It tells why the two parties were in court together in the first place (a land dispute), where Bishop got the gun (from the murdered man's brother!), and other details that flesh out the circumstances surrounding this tragic occurrence. At the end of the second trial, Bishop was again found guilty of murder, and again sentenced to hang. That's the end of the documented story. Somehow, a pardon was eventually obtained for Bishop, and he lived to have more children, one of whom was my grandfather. If anyone reading this can shed additional light on this case, in particular the circumstances of the pardon or newspaper articles about the case, I would be delighted to exchange messages and information with them. Paul Reeves (rreeves204@aol.com) STATE OF GEORGIA - 3rd DISTRICT - Brinkley Bishop - Plaintiff in error vs The State of Georgia This case came before this court as a transcript of the records from the Superior Court of Bibb Bounty, and after argument had, it is considered and adjudged by the court that this judgement of the court be overset and a new trial be had upon the ground that this court erred in refusing to grant a continuance upon the showing made by prisoner in his affidavit, and in deciding that Madison Molsby was a competent juror. Clerks Office, Superior Court of Georgia Millidgeville, 24 August 1850 BIBB SUPERIOR COURT - JANUARY TERM 1851 Brinkley Bishop - Plaintiff in error vs The State of Georgia - Defendant in error T@e Supreme Court having reversed the judgement of this court on the above from a transcript of the record attached, and granted a new trial to this plaintiff in error. It is ordered by the court that the judgment of the Supreme Court be made the judgement of this court in said cause, and a new trial awarded to said Brinkley Bishop, the plaintiff in error. Done in open court January Term 1851 Stubbs and Lister N. K. de Graffinich For Plaintiff in Error BIBB SUPERIOR COURT - JANUARY TERM - 1851 The State vs. Brinkley Bishop > Murder Evidence for the State Frederick Hartley, sworn: I was present when the difficulty took place between prisoner and Turner Smith. As well as I recollect, it has been some time ago, on the 2nd Saturday in December, 1849. There was a law suit between the parties, viz, Turner Smith, Thomas Smith, and Brinkley Bishop. Turner Smith was surety for Tom Smith. Turner sought to condemn Tom Smith's property and Bishop claimed it. They pled their own cases. While Turner Smith was trying to advocate his case he was interrupted by Bishop while he was making a speech to the jury. Bishop said what Smith said was not so, disputed his word. Smith claimed the protection of the court and said if the court did not stop him he would. Bishop appeared to stop at that time, and I think he interrupted him a second time. The case went to the jury. The parties seemed hostile to each other in the house. The property was found subject to the execution and the money claimed by an older one against Tom Smith. The property was sold immediately the same day. Turner Smith bid it off, all of it. I was then in court. They all returned and went into the yard where the drinking was. I remained and adjourned court. After court was adjourned I went to the yard where they were drinking. Turner Smith, Brinkley,and others were drinking. They called to me as I went into the yard to come up and take something to drink. They had settled their difficulty. I am not certain which called, one of them. I said I was told they had settled their difficulty. Turner Smith mentioned to him, Brink, you know I ought to have my money. Bishop said I don't blame you for the getting of it. They made friends and, as I thought, were friendly. Directly afterwards there was a difficulty raised between Meredith Arnitt and a man named McCollum. They both seemed to be drinking and were encouraged by the crowd. Thomas Smith took up for Arnitt and got hold of McCollum. I went up and commanded the peace and told him he must not do so. Bishop came up in the time and other took up for Tom Smith. I tried to silence them both as much as I could. Bishop came up and tried to encourage the matter and Turner Smith, who was in the yard, came up. He appeared to take up for McCollum and told them, speaking to the parties concerned, if they did not stop that fuss he would stop it for them. Tom Smith drew his knife and I ordered him to put it up. He swore he wouldn't do it. I told him he had it to do. He said he would not and if they pushed on him he would cut or kill them with the knife. The fuss and other ceased and they persuaded McCollum to go away. Mr. Bagby taking him up behind him. Mr. Bagby carried him some distance down the road. Bishop jumped on a horse and overtook McCollum and Mr. Bagby. What passed then, I don't know. McCollum jumped down and Bishop ran his horse back as hard as he could go, that is pretty fast. He dashed up and 2 tied the horse and walked up in the yard where Turner Smith was. I went in the road and when I got there Bishop was at one corner of the table where they were drinking and Turner Smith at the other and they were quarreling. Turner Smith said to Bishop, you have acted the damned rascal. Bishop looked right in his eyes and said, I have not done it. He threw his hand to his bosom. As he done that Smith caught him by his coat or shirt and said, if you draw that pistol, you damned black son-of-a-bitch, I will knock your head off of your shoulders. Turner Smith had his stick by the small end. I walked between them, commanded the peace and told them they must stop it. I was a Bailiff. I put one hand on Bishop and the other on Smith. Says I, Turner let him go, he will not hurt you. Bishop spoke to Turner Smith at the same time and said, let me go. He let him go. Bishop jumped square off immediately toward the window of the house and drew his pistol. When he turned facing, his pistol was in his hand. From that, Bassett turned facing Bishop, leaving the table, and said, Bishop don't shoot, he shant hurt you. Basset went part of the way from the table where Bishop was. At that moment Turner Smith left the table where he was standing and took Bassett by the cloak, having Bassett between him and Bishop. Smith was going in a walking position and caught Bassett by the cloak and pulled it partly off his shoulder. He was going with such force that he went rather beyond Bassett. He was not going directly toward Bishop, but angling. The witness here explained to the jury the position of the parties at the table. If Smith had kept on in a straight line he would not have reached Bishop. Smith was about from six to seven feet from Bishop when he was shot. The pistol fired and Smith dropped on his knees. Thinks Smith was than six feet from Bishop when the pistol fired. Smith held to Bassett's cloak when he fell. He lived a very few minutes. Smith was shot in his right breast, I think, but won't be positive. It was a good, long pistol, the barrel five, six, or more inches long. I gave it to the jailor. When Bishop ran off from the table towards the side of the house, he did not have the pistol in his hand, that I saw. When he turned round he had it in his hand. Smith left the table and ran toward Bassett about the time that Bishop ran from the table towards the house. Bishop started first, but I can't say whether Bishop turned round or not. This occurred the second Saturday in December, 1849, the day I don't recollect. It was at Turner Brown's in Bibb County. Turner Smith was the name of the man shot. Prisoner was the man who did the shooting. When prisoner shot he held the pistol pretty high up towards his face. Don't know whether he took aim or not. He rather bowed toward the pistol. I didn't see the prisoner raise the pistol to Smith more than once. When I caught him he said if he had another pistol he would shoot some more of us. I hollered to them to catch him and they did so. Frederick Hartley, cross-examined: Turner Smith was shot not far from the center, either 3 side. I think on the right side, but am not certain. Smith, when he was shot, had passed Bassett a little, not further than an arm's length. Frederick Hartley, rebuttal: I did not measure the distance but think the wound was not more than an inch-and-a-half from the center of Turner Smith. Solomon R. Johnson, sworn: I was present at the beginning of the difficulty in the court house. Turner Smith was plaintiff in a case and Thomas Smith and Bishop were the other parties. Bishop was the claimant. Turner Smith was first on the floor before the jury and was explaining his case. He was interrupted by Bishop giving him the lie. Turner said he had told Bishop before he bought the property from Tom not to pay big money for that he would lose it. Turner said he was surety for Tom and wanted his money. Bishop replied, you know that is a lie, Turner, you never told so. Turner said he had told Bishop not to buy it. Not to pay big money for it. Bishop said it was a lie. Turner went on again making his statement to the jury and was again interrupted by Bishop. When Bishop first interrupted Turner, Turner called on the court to stop Bishop. When Bishop interrupted Smith the second time, Bishop called him a liar, Turner then got his stick and held it pretty close to Bishop and said, if the court did not stop him he would be obliged to do it himself and that he would knock him down on the floor. That was all that occurred in the house and the last word spoken. One time when Bishop interrupted Turner Smith, I think the first time, Bishop called him, Turner a damned liar. When Bishop first spoke, he spoke in a low tone of voice. Smith heard it and stepped up to Bishop and asked the court to protect him. Don't know that the court heard Bishop at this time. The second time he spoke loud enough for all to hear him. Nothing more occurred till after the trial was over. Turner Smith and some of the boys started to the grocery and met Bishop. Turner observed, Brink, I gained the case. Bishop turned around, Smith didn't stop. Bishop said, I don't care a God damn whether you have or not, I don't ask you any odds. I am fixed for you in any way, don't bother me any more today. Bishop stood while they were talking, looking back toward Smith. Smith didn't reply at all, but passed and turned his head. This interview was about an hour before the killing. The next I saw them was a right smart run between Mr. Arnitt and a man by the name of McCollum. Both was drunk. McCollum acted cowardly and Arnitt was McCollum by Bishop and Tom Smith who abused McCollum a good deal. Turner Smith observed they had gone far enough with it. There was a good deal of laughter and afront made at McCollum. Turner said, boys, you have gone far enough with it and if you don't stop it, I will 4 stop it for you. The man had done nothing. Tom Smith then collared McCollum and backed him up against the fence. I assisted in pulling them apart. We stopped it for a short time. Bishop and Tom Smith commenced again after McCollum. Turner Smith observed, McCollum, They have imposed upon you enough and come and stand by the side of me, when they commenced it again very shortly. Bishop and Tom Smith commenced it again and McCollum did go up to Turner Smith who was standing not far off. Tom Smith drew his knife with a blade about 4 inches long, went up to McCollum, collared him while McCollum was standing touching Turner Smith. Tom collared him with his left hand and raised his knife. As he did so the knife as it and made the blood run from his face. Bagby and I both walked up. Bagby said, I command the peace, and laid his hand on Tom Smith. Tom turned and said, "you do". Bagby said "I do, and you have got to stop it." Me and Bagby got him away. Bagby had a talk with him (Tom) when he took him off. I took McCollum and told him he had better leave. He didn't appear to go. I called Turner Smith to me and told him he had more control of him (McCollum) than I had and said, Turner, make him go away. Turner took him off toward the gate. He was pursued by Bishop and Tom Smith, who got between McCollum and the gate and stopped him and commenced a loud quarrel. I then took Turner off. I told him somebody, don't recollect who, to stop the fight between Bishop, Tom Smith, and McCollum and got McCollum off and make him go away. They did get McCollum off into the road and started him home. He had got some 200 yards from the gate, down the road. He was overtook by Bishop. I don't recollect whether Tom Smith was with him or not. Turner Smith wanted to follow Bishop, to see that he shouldn't hurt McCollum. I prevented Turner from going. Bagby got on his horse and said he would take McCollum off, they should not hurt him. He done so and got hold of McCollum's arm and jerked hold of McCollum's arm and took him on the horse behind him, Bagby. I was out in the road 70 or loo yards from the yard when the last difficulty took place after Bishop went back. Stood there in company with George Mone and some others. Heard a quarreling in the yard. Heard Turner Smith's voice talking very loud. Turner observed, just draw that pistol, God-damn you, and I will knock your head from your shoulders. He observed again, you god-damned black son-of-a-bitch, I understand you brought that pistol here today to kill me with and just draw it if you dare, god-damn you. In a few seconds the pistol fired. That was all I heard. Says I, somebody is killed, and ran down and run into the gate. Ran up to where Turner was lying on his back. He drew a breath. There was no one with Turner when I got up. The crowd was after or ran after I got to him. Bishop's on the other side of the house. Turner didn't move hand or foot. He was lying some 10 feet south of the piazza door. I saw the wound. It was a large bullet hole under the right pap. About 2 inches below the pap and about 2 inches from the center of the body. Smith did not live exceeding a minute after the pistol fired. This occurrence 5 took place at Turner Brown's Court Ground in Bibb County, the 2nd Saturday in December 1849, about the 8th of the month. Deceased died of that wound, I suppose he did. Sol. R. Johnson, cross-examined: I am the prosecutor in this case. I was a friend to Turner Smith. Me and him were friendly. Jordan Brown, sworn: The first he saw was the shooting. Heard some loud talking but did not understand it. When he came to the gate the deceased and Bishop was standing together at the table. Had been in the yard two or three minutes. They separated. Bishop went down by the side of the house by me. Smith went in angling direction towards Bassett. Bishop went by us, his left hand in his bosom drawing his pistol out. Smith went on up, within two feet of Bassett, fronting of Bassett's right side. As Bishop presented the pistol, Smith jumped behind Bassett. As he did Bishop lowered the pistol a little. As Smith came round on the other side of Bassett, Bishop shot him. Then Bishop ran. Bassett or Smith told Bishop not to shoot as he would not be hurt. The parties were apart at the time the pistol fired, eight or nine feet. Smith was not going toward Bishop when he was shot. Would have got farther from him every step if he had went straight on. As Smith jumped behind Bassett, he caught hold of Bassett's cloak. As Smith jumped behind Bassett he had hold of the stick near the middle with his left hand and in a striking position. Turner Smith was not near enough to strike at this time. He saw the wound. Smith was wounded an inch-and-a-half or two inches from the center. Jordan Brown, cross-examined: Bassett was standing still, about fronting Bishop at the time of the shooting. Turner Smith, when he saw him, he was a stout man. Sol. , re-examination: Mr. Smith was in bad health at that time. Bassett was, in his opinion, the stronger man. He was in better health and stouter. Joseph Ford, sworn: Mr. Brown, Henry Evant, and the witness were out talking in front of the court house about horse swapping. There was a fuss in the house and we started. Saw Smith walking across the road as I went into the gate. When I got to the table where they were talking. Then Bishop turned off from the table, looked round 6 Tom Smith's way, standing at the corner of the little house, jumping round it. I turned and looked back toward Mr. Bishop. As I turned, the pistol fired. Mr. Bishop ran round the house, Mr. Hartley after him. Witness ran round the other way and caught him. As Hartley came up Bishop said, I give up. Bishop changed the pistol, taking the barrel in his hand. When he said he gave up, Mr. Hartley turned him loose, and witness walked toward the deceased. Saw the shooting and Smith was walking angling off from Bishop and Bassett was between them. They were apart eight or nine feet at the time. Saw Bishop when he shot but did not see him when he drew his pistol. Had his pistol before him. leaning toward it when he shot. Thinks the pistol as rifled barrel. At the time of the firing, Smith had the stick by his side, sloping down. Joseph Ford, cross-examined: Mr. Hartley is bailiff of the district. As prisoner came up with witness he said, I give up. From the table to where Bassett was twelve feet at the time of the firing. John Smith, sworn: Ruled out by the court. William Glover, sworn: Was standing talking to Smith to face. Bishop up and said, boys, my head if I don't kill him. Bishop then put his hand into Tom Smith's bosom and Smith put up both hands to his bosom. As Bishop drew the pistol out Smith caught hold of it by the muzzle slightly with his left hand. I had passed between them and got off eight or ten feet. All this took place at the court house. When the homicide happened some hour or hour-and-a-half before it took place, Tom made no other or further resistance to Bishop's getting the pistol than holding it slightly with his left hand. Smith called me saying, Captain, take notice, he did that without my consent. Bishop and Tom Smith were still standing together. He did not see them again together before the homicide. Smith is much stronger than Bishop in my opinion, judging from appearance. Frederick Hartley, reintroduced by the State: As well as he recollects, Thomas Smith and Brinkley Bishop came to the court house together and could have come both together on the same road. Bishop could have gone another way as conveniently. The council for defendant admits that an order of court has been taken for a new trial in this case. Dr. William S. Lightfoot, sworn: I was called to see deceased 22 August, 1849 and also 7 visited him in Macon on 24th September 1849. He was not wholly clear of disease. On 26th September 1849 I gave him medicine for the last time. I think his disease, that of the liver, was calculated to impair his strength. I met him the evening of the October election, or about that time. His health was not entirely restored, but much better than he had been. His physical powers were not, of course, entirely restored. I considered him, however, in tolerable health. I have no recollections of seeing him after this. I was not called to see him professionally afterwards. Mrs. Martha Brown, sworn: I didn't see all the difficulty between Smith and Bishop. I Was in my kitchen house and heard someone quarreling and got up and went to the door and it was Bishop and Turner Smith. I saw Mr. Smith have Bishop by the collar, by the bosom, with a stick raised upon him. Smith told him if he did so and so, I didn't understand the words, he would knock his damned head off. Mr. Bishop shoved him back and told him to go away, he did not want to hurt him. Smith called him (Bishop) a damned black son of a bitch. I saw no more but I heard the pistol fire in a short time after. Mrs. Brown, cross-examined: I didn't know exactly but think I was as far from the parties as from them to the steps to the fence around the court house. I sometimes use spectacles. I can see from here to the steps distinctly without specs. Can see better without them than with them at this distance. Allen Johnson, sworn: I was going along the road near Brown's Court Grounds about the time the difficulty took place. Turner Smith, Bishop, and Bassett, and Tom Smith got into a sort of scuffle and Bassett, I think it was, took hold of them and separated them. In trying to do so, they all got together and got from the table. Smith caught hold of him, Bishop, raised his stick and said, draw it if you dare and I will knock your damned head off. Smith kept his stick and the stick. Whether he struck Bishop I don't know. Bishop drew his pistol while he was round Bassett (Witness here described to the jury how Smith had the stick.) Smith's stick came over or down before the pistol fired. The stick was not up when the pistol fired. I was in the road and could see what was done. The stick went right up over toward where Bishop was. Whether Bishop was struck, I don't know. Bassett was between me and Bishop. I didn't see Bishop at the time the pistol fired. I think Turner Smith was a stout and healthier man. He was considered very much of a man. Don't know what weight he was. I should think stouter and heavier than I. I weight 170 to 175 lbs. 8 There was a small cut on one side of Bishop' s forehead after the fuss. Can't say exactly its position. Allen Johnson, cross-examined: I had been to Levi Calhoun's that day, where I stayed the night before. I had been to the grocery that day and had not drank a drop of liquor that day. I had not gotten out of my wagon when the difficulty took place. I was 20 or 30 yards off with a fence about four or five feet high between me and the parties. I don't say Turner Smith struck or struck at Bishop but the stick came down towards him. Turner Smith did not raise the stick after they left the table, he kept it up all the time. Bishop kept his hand to his bosom while they were at the table and then Smith raised his stick. I was so far off I could not tell accurately how far the parties were from the table. Could not if I had been there without measuring. Don't know the mark on Bishop's forehead was caused by the rebound of the pistol or when Smith brought the stick down. Don't know whether he was striking or only brought the stick down to his side. Richard Bassett, sworn: As Turner Smith went to the table, I went out and, I think it was Mr. Glover said to Turner and Tom Smith, boys, I would rather see any one in the world than you two have a difficulty. With this he observed, knew your father and mother. They were good old folks, and dead and gone. Tom Smith commenced crying and went from the table out of the yard, crossed the road to the south side of the road. I called to him two or three times as he was going out. I then followed him. After conversing with Tom Smith, I came back to the table. As I was coming back Turner Smith was on the opposite side of the table from Bishop observed, boys, lets take something to drink. I took hold of or Turner Smith and told him to come or to follow me. My attention was then called to he told him he was a god-damned deceptive rascal. About the difficulty that had been between McCollum and Arnett. Turner Smith had passed around the table and got down between the and house. I got to him as quick as I could and caught hold of him and tried to prevent him from getting to Bishop who was standing up near the table. Turner Smith jerked me about, I had been sick, and broke my cloak strings loose. I told him I did not care a damn if they did kill each other and walked off. Then as well as I recollect Hartley or someone else caught hold of Turner Smith. I had let him loose and left him. Turner Smith said he would not be bothered by nobody or no man or something to that amount and passed on to Bishop. Smith had his stick in his left hand. It was an eight square hickory stick with no bark close by the Turner Smith was very much excited at the time, in a passion. He took Bishop by the right shoulder close-up to the neck. Had the stick in his left hand. Called Bishop a God-damned black rascal 9 or son-of-a-bitch about the case between McCollum and Arnett. He used a great deal of abusive language I don't now recollect and continued to curse him, so much I don't now remember. Bishop seemed to put his hand toward his left bosom or side. Smith raised his stick and said, you god-damned black rascal or son-of-a-bitch, if you draw your pistol against me or words to this effect, I will knock your damned black head off. Bishop dropped his hand. Smith continued in a rage. Kept his stick over Bishop's head and kept laying it down near to Bishop's head. This he did for ten or fifteen times, as near as I can recollect. I had gone off ten or fifteen feet. Turner Smith said, you have brought a pistol here today to shoot me. Bishop replied, no Turn or Turner, I didn't bring a pistol to shoot you. We made friends and I thought the fuss or difficulty was all over. With that I think some person or persons separated them. Who did it I don't now recollect. Bishop passed between the table and the piazza and near a west corner from where they stood and down near the piazza or shed room in the further part, I think it was. He went very quick, Bishop did. I was standing some 10 or 15 feet from where Turner Smith had hold of Bishop with the stick over him. When Bishop got from 18 to 30 feet from where he and Turner Smith had been standing when Smith had hold of him. He got there very quick, very quick. Dropping the pistol in his hand, cocked it, and as he cocked it, raised the pistol. Standing where I was, about 10 or 12 feet from the piazza I was 10 or 15 feet from where they had been standing when Smith had Bishop with the stick and also about 10 or 15 feet from where Bishop stopped. when he cocked the pistol. I was looking at and went straight forward and in haste to Bishop. I think someone caught me by the shoulder from behind as though to draw me in the way or out of the way. I had not advanced far towards Bishop, I think, when I was taken hold of from behind as above stated. As I advanced to Bishop, as well as I recollect, I said, don't shoot or don't do so, no person shall hurt you. This was before the individual caught hold of me from behind. I think I was about from 4 to 6 feet from Bishop when the pistol fired. I did not then know it was Smith when he fell. Smith said, Oh Lord God, Dick, I am dead. I turned and looked toward where he had fallen. His feet were about ten feet from where I stood. Bishop then broke to run. I went toward Bishop rapidly. Smith must have gone faster than I did to have overtaken me. I was going fast, pretty rapidly. Don't know exactly the gait. I was then in bad health. Smith was much of a man. Considered to be as much of a man as any man in the county. Prisoner is a small man. Prisoner weighs 60 or 70 lbs. less than Smith did. Smith weighed 185 or 190 lbs. I never had a better friend than Turner Smith. Richard Bassett, cross-examined: The table was about 10 or 15 feet from the passway to the piazza. The table was about 4 feet from the corner of the piazza or shed. When Bishop stopped he was 2 to 4 feet from the shed room. I was 10 10 or 12 feet from the piazza and nearly opposite the steps or passway. Smith fell about 10 or 12 feet from the house. Rather angling, not direct. Bishop cocked the pistol and raised it up towards his eye. I may have said in the former trial that Bishop raised his pistol to his eye. If I did it was right. My memory is not perfect. I was not intoxicated at the time of the difficulty. Richard Bassett, rebuttal: I think, as well as I recollect, I had taken two or three drinks that day. I apprehended a difficulty and kept Rowland Bevins, sworn: He was well acquainted with Turner Smith. Knew him for twenty years. He was inclined to be quarrelsome. Has always treated witness ---. Considered him to be a violent. Always with men smaller than himself but did not know him to get in a quarrel with man if large as witness. Mr. Stubbs, sworn: Knew Turner Smith for twenty years or more. His general character was that of being quarrelsome. Heard of him lying in wait for his adversary but never knew such of him. Bishop knew the deceased well. Knew the positions of Bishop's and Tom Smith's houses. Bishop lived directly on the road that led from Tom Smith's house to the court house. Mr. Stubbs, cross-examined: Heard generally through the neighborhood of the character of Turner Smith and may have heard it from McKinney. Mr. Hardy, sworn: Knew Turner Smith well. Lived in the neighborhood with them. Thinks him to be a quarrelsome, overbearing man. Knew him well. Bishop knew him. Lived within a mile and a half of him. Mr. Hardy, cross-examined: Was unfriendly with Smith before but at the time of the occasion he was friendly with him. Knew he had a difficulty with Bishop two or three years before. Also with the Browns and Mr. Stubbs. Mr. Knight, sworn: Knew Turner Smith for many years. They were school boys together. 11 He was a violent man when sober and more so when drinking. Col. Sanson?, sworn: He was acquainted with Turner Smith. Knew him for fourteen or fifteen years. Considered him a high-tempered, violent, bloodthirsty man. Col. Sanson?, cross-examined: Lives in Houston County. He and Turner Smith were not friendly. Had been hostile. Was not friendly with at the time of his death. Is not interested in suit. Did attempt to employ council. Does not think he saw the prisoner before last court. Disagreed about gee. He was forced to attend this court by process. Evidence for the Defense Closed Frederick Hartley, reintroduced by the State: Turner Smith lowered the stick when he had Bishop by the breast and I did not see him offer to strike with it. He did not that time strike or offer to strike the prisoner with the stick. Frederick Hartley, rebuttal: Bassett, Smith, and Bishop were all in view of me. He does not think the stick was raised. It might have been done, but doesn't think it was. Koclin Cook, sworn: Was acquainted with the character of Turner Smith. He was not a bloodthirsty or violent man. Like other men, he wanted satisfaction when injured. Koclin Cook, rebuttal: He never heard of his being in frequent difficulty with anybody. Never heard of his having a difficulty with the Browns or Hardy, Rivers or John P. Lamar. Mr. Nisbet, sworn: Was acquainted with Turner Smith a number of years before his death. Never heard of any bloody act of him. When excited he was ready for a fight. Was a resolute man but never heard of his being bloodthirsty. 12 Mr. Nisbet, rebuttal: Heard he had a difficulty with his employer in Jasper but with no other party. Mr. Ralston, sworn: Was acquainted with character of Turner Smith. Knew him for ten or fifteen years. Corroborate the character given of him by Mr. Cook. Mr. Ralston, rebuttal: Never visited him at his house. Saw him in difficulties in Jasper. Knew how he was treated by Lamar and how he came to be employed by him. Testimony for the State Closed Examined and found correct James H. Stark, Judge, Superior Court, Flint District. SUPERIOR COURT - JANUARY TERM 1851 - BIBB COUNTY, GEORGIA The State vs. Brinkley Bishop > Murder Verdict > Guilty Whereupon it is considered and adjudged by the court that you, Brinkley Bishop, be taken from this bar of this Court by the Sheriff of said county or his lawful Deputy Sheriff to the common jail of said county to be there kept in close and safe custody until Friday the twenty-eighth day of March next, and that on the said twenty-eighth day of March next you be by said Sheriff or his said lawful Deputy taken to a gallows to be erected for that purpose within one mile of the corporate limits of the city of Macon, and that between the hours of ten o'clock in the forenoon and three o'clock in the afternoon on said twenty-eighth day of March, you be hung by the neck on said gallows by said Sheriff or his lawful deputy until you are dead. And may God have mercy upon your soul. January 31st, 1851 James H. Stark, Judge Superior Court, Flint District WEDNESDAY JANUARY 29th, 1851 The State vs. Brinkley Bishop > Murder Jury sworn: 1. Robert C. Smith, 2. Charles Beasley, 3. Alex E. Hamersly, 4. William F. Sims, S. Davis B. Braswell, 6. William Tanpin, 7. Riley Sanders, 8. Anderson Riddle, 9. James N. Jones, 10. William Berndicson, 11. Thomas A. Ross We the jury find the prisoner, Brinkley Bishop, guilty of murder and recommend him to the mercy of the court. D. B. Braswell, foreman