News Account of the Murder of Jasper Smith Elbert County, GA (with Accompanying Documents) The following is an account of the murder of Jasper Smith of Elbert County, Georgia, by his father-in-law, James Meredith. It was the first murder trial in the newly formed Elbert County. Jasper Smith was the son of John "Little River" Smith and moved from Montgomery County, NC to Georgia, as did his father-in-law. Following the account of the trial are the wills of Jasper Smith and James Meredith. Smith's widow later moved to Franklin County, Ga. The Augusta Chronicle and Gazette of the State Law Report of a State Trial, made to the Governer, according to the Act The State versus James Meredith. The prisoner being charged by the coroner's inquest with the murder of Jasper Smith, before the division of Wilkes County, was apprehended and commited to that jail and upon his writ of Habeas Corpus was remanded. After the commission of the act, the county was divided by law; and the place was found to be within the new county of Elbert. In riding the Western Circuit the Attorney General mentioned this case and another to Judge Walton, and suggested doubts where they were ultimately cognizable. The cases being considered, it was thought proper to to direct the following Order, as they passed through Wilkes County. Chambers, Washington in Wilkes County, January 14, 1791. Upon motion of the Attorney-General, it is ordered. That all prisoners or persons recognized to appear at this place the ensuing term, for offences charged to committed in that part which now constitutes Elbert county, be turned over by the Sheriff of Wilkes to the Sheriff of Elbert county; and all papers touching the same be delivered by the Clerk of the one to the clerk of the other. Attenst, BEN. CATCHINGS, C. W. C. The prisoner was of course removed into Elbert county. . . . Upon the trial, the first evidence produced on the part of the state was the daughter of the prisoner, and the wife of the deceased; Rebecca Smith. In coming to the book to be sworn she exhibited those demonstrations of distress which were to be expected from her sex; from a wife who had seen an affectionate husband murdered in her presence, and of their children; from a daughter who was to convict and bring to the gibbet, an aged father, to whom she owed her being. Encouraged by the Court, she deposed, That there had been a difference of some standing between her father and husband. That on Monday before the fact happened, her husband went to Petersburgh with tobacco, and she went to meeting. That, in their abscence, a wench of her father's came to their house, and whipped two of the children. That she sent to her father, and requested him to correct the negroe, or that her husband would when he came home; which he refused to do. That the next day, and before the return of her husband, her father sent for a dirk that had been at their house a long time. Then when her husband came home, she was telling him of the children being whipped, and one of them came in, and said that grand-daddy was coming down to an out-house close by. That her husband then proposed going down to persuade him to correct the negroe, which she approved of. That presently after she went down, and found them quarrelling; and the old man ordered her away, saying that he had as live kill her as her husband, and then ordered his negroe to get an axe, and kill her husband. That he had then the dirk in his hand, which he had sent for the day before, and swore bitterly that he would kill him. That her husband repeatedly desired to be at peace, and proposed to sit down on alog and talk the matter over. That her father refused, and told him to get a gun, and he would fight him equal. That her father had worked himself up to a violent rage, and having the dirk in his hand, her husband threw away a switch which he had broke, as she supposed, to whip the negroes, and took up a small forked stick to defend himself. That he afterwards threw away this stick, and went to the house for another. That he returned, and still offered peace; and letting his stick fall, and turning from the old man, he rushed by her and stabbed her husband in the side. That, as he pulled the dirk from the wound, he said he was a dead man, and the prisoner damned him,. and said he got what he deserved. That, after she had got her husband to the house, he began to be very ill; and she called her father; anf that he came, with the dirk still in his hand, looked in his face, and said it was no matter, it was good enough. That her husband afterwards desired to see him, but he did not come. The deceased died of the wound the next day. In the cross examination of this witness, it appeared that when her father threatened her life, her husband wrung the stick in the old man's face, and told him he should not hurt her. But that he was entirely pacified at the time of being stabbed; and that she verily believed her father sent for the dirk the day before for that purpose, although some meat hooks and other things were sent for at the same time. That the ground on which the wound had been given belonged to the deceased; but had been planted by the old man the season before without rent. Mark Smith, son of the deceased, aged sixteen years, of apparent discretion, deposed to the like effect; with the addition, that, about two weeks before, he heard his grandfather tell his father that he had a great mind to kill him. John Baker, an indifferent person, swore, that about two or three weeks before the fact, he went with the deceased to the prisoner's house. That the old man quarrelled with both, and threatened to kill the deceased, Offered to fight a duel with guns, &c. which the deceased declined There was no evidence as to the fact offered on the part of the prisoner, or to anything else that was material. His cousel, in th course of the most lengthy arguments, labored to bring the homicide within the description of manslaughter; and assimilated it to the case of the King of England versus Reason and Trantor. On the part of the state it was contended, with a becoming zeal, that the prisoner had been guilty of the crime of murder. The trial continued from ten o'clock in the morning to about seven in the evening, the judge charged the jury to the following effect. That, from the testimony before us, it was our duty, to select those portions of it which palpably establish the facts for and against the prisoner. and 1. to examine what kind of killing the prisoner has been guilty of. It was presently after the deceased had come home, that the proisoner came towards the out house, and that the deceased met him there to prevail with him to correct the negroes for beating the children. This the prisoner refusing, and the deceased threatening to do it himself, the fatal quarrel was produced which ter in death; and the prisoner is guilty of muder, or not guilty, as the evidence will go to establish this as connected with any preceeding quarrel, or shall be short of it. If this quarrel could be extracted from all others, and the event considered by itself, it could only be adjudged man-slaughter. But, when we consider the several portions of evidence on this ground, 1. That there had long existed a quarrel between the prisoner and the deceased. 2. That the quarrel was renewed by a negroe of the prisoner beating the children of the deceased in the absense of parents. 3. That the weapon was sent for upon that occassion, and after the mother had sent a message to the prisoner with a complaint. 4. That two or three weeks before the prisoner threatened the life of the deceased. 5. That the prisoner had the same weapon he had sent for the day before in his hand upon that occassion; and with all his conduct towards the deceased after the fact was committed. The judge said, to take all these things together, we shall feel our minds involuntarily influenced to believe that the killing was of that deliberate and malevolent kind which constitutes murder. But he did not want to impress his opinion on the minds of the jury. It was their province to determine on the distinction which he had stated. If, from the evidence, they should be of the opinion that the quarrel, at the time of the death, was unconnected with any other, they would not find him guilty of murder, but of man-slaughter. . . The jury having retired, returned in about twelve minutes, finding the prisoner guilty of Murder. . . . Sentence of death was passed, to be executed the 22d instant. Upon the whole, the Judge, in making this Report, feels it a duty to add, that he does not conceive that the criminal has any claim upon the mercy of his country. The life of an unimpeached citizen was wantonly taken away; and if human punishments are ever necessary, he conceives it is son in the present instance. . . For the prosecution, the Attorney-General, Mr. Walker and Mr. Dickenson. For the prisoner, Mr. Blackbourn, Mr. Seaborn Jones, Mr. Williams and the elder Carnes. Given at my Chambers in Augusta, the 5th day February, 1791 George Walton May the 19th, 1791 Jasper Smith Will Proved in my office and Recorded In the Name of God Amen I Jasper Smith of Wilkes County being in a state of Memory Do ordain this my Last Will and testament Vz. I give to my wife Rebeccah Smith one Negro Wench Named Lucy During her Life and at Her Death to be Equally divided amongst those children she ahd by me & her Son Thos.(?) I Likewise give and Bequeath To those Children that I had by Rebeccah my wife the Remaining Parts of my Negroes to be Equally Divided amongst the sd. Children and my Land after my wife's Death to Be Equally Divided Between the sd above mentioned Children and all the ? I leave to my Beloved Wife to Raise the Children and Educate them, the house and furniture to be Divided at my Wife's Death amongst those above mentioned Children. I likewise Desire that there should be Annually a sufficiency Raised or Reserved out my Estate to keep son ? him and my ? he lives. Daughters Betsy and Sally and my Son Mark to have Fifteen Pounds Sterling in Propertyas they Come of age or Marry and to my Wife's son Thos. I likewise Desire that He should have the sum of fifteen Pounds Sterling in Property When he Comes of age or Marrys. I appoint my Wife Rebeccah Smith my friend James Marks and Thos. B Scot my Exers. I Have this first Day of Dec. 1790 acknowledged this my Will in Witness of Issac Tuttle Jesse Brawner(?) Jasper (X) Smith Appraisers named Benja. ?, Brazel Brawner, Jas. Shepherd The Whole 213 pounds, 2 shillings May the 19th 1791 James Meredith Will Proven in my office and recorded - George W. In the Name of God amen I James Meredith of the County of Elbert Planter Being in Perfect Health and of Sound and Disposing mind Memory and understanding, do make and Declare this my Last will and testament. that is to say. First it is my Desire that sufficient Part of my Personal estate( he gives excepted) be sold or Disposed of by my Executors herein after Named for the Payment of all my Just Debts. 2dly I give to my Wife Sarah During her life one fifth Part of my of my real Estate. And to my four Youngest Children, Namely, Patty, Nancy, Molly and Sally or the Sirvivant(?) of them at her Death and and to their heirs all my Real Estate Saving to my said Wife the Use of one fifth thereof. During her Life, as above Mentioned. 3dly It is my Desire that all my personal Effects be Kept together for the support of my said Wife and and four Children above Namedand for Educating Said Children and that my said Wife Shall Have the Preference of Keeping Posession of the Whole during Her Widowhood, except such part as may Belong to any of my said Children or they May become of Legal age to Demand there ? Shares at which time it shall be Delivered to them when Condition that She Gives Security (to be approved of by William Moore, Esquire one of My Executors faithfully to account for the Profits of the said Estate froom year to year, and to Produce the Same When Called for. 4thly It is my Will and Desire That on Either of My Children before Named becoming of Age, and Demanding the Same, that my Personal Estate Be Equally Divided between my Wife (if then alive) and My Said Children Patty, Nancy, Molly and Sally or the Survivors of them - by Lot - But No Child's share to Be Delivered Until they are married, or Become of the age of twenty one years. 5thly - I give to my Daughter Rebeccah the Account Due me By her Deceased Husband Jasper Smith Upon Condition that she will Give my Executors full and Clear discharge, and Not run my Estate to any Expense for or on account of any Clain or Demand on me, on Account of Her Said Late Husband Jasper Smith. I Likewise give to my Said Daughter Rebeccah one Negro Wench named Sarah Which I Lent to her or her Late Husband While in N. Carolina. Provided that, upon Demand She Shall and Do peacably Deliver to my Executors or Estate of them a Negro Woman Slave Named Luce or Lucy and Her Children. Also on demand Grain Which was Likewise Lent them or one of them in Carolina, and in case of Her Refusal to Deliver up the Said Negro Woman Named Luce or Lucy Her Children, I Do Hereby revoke the said Gift Gift or Bequest, respecting the Said Negro Wench Named Sarah and Do Enjooin and require my Said Executors Herein after Named to Sue for Each of them said Negro Women and their Children and to Apply the Same to the Benefit of my Wife And four Youngest Children as Before Directed. and Lastly I do Hereby appoint my Wife Sarah Meredith and my friend William Moore Esqr. of Rocky Creek in Wilkes County Executors of this my Last Will and testament, and Revoking all former Wills by me at any time heretofore Made: In testemony Wereof I have, Here unto set my hand And Seal, this thirteenth day of January, one thousand Seven Hundred and Ninety one. Signed, Sealed, Published and Declared by James Meredith to be His Last Will and testament James (X) Meredith In our Presence Ja. Williams Jurat, Drury Ledbetter, John Henley The Whole amount of the Estate of James Merideth is 350 pounds The appraisers Names, Basil Brouner, Wm. Haslin, James Tuttel Elbert County, Georgia - Deed Books A-J - 1784 -1806 - Abstracted & Indexed by Michal Martin Farmer, P.O.Box 140880, Dallas, Texas 75214-0880 Deed Book J, 1803-1806 p. 18 1 Feb 1804, Nancy SMITH of Franklin Co., Ga., to Thomas B. SCOTT of Elbert Co., Ga., for $400, all her part, claim, or legacy to a tract in Elbert Co., adj. A. JARRAT & John SPEAR, granted to Jasper SMITH, 4 Feb. 1785, 1/3 part of land to Thomas B. SCOTT. (signed) Nancy (X) SMITH. Wit: A. JARRAT, J.P., Thomas SMITH, John DERRY, No Regd. ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. 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