Jones COUNTY GA Court Trial Stephen G. Pearce (murder of James Broach) http://files.usgwarchives.net/ga/jones/court/pearce.txt http://www.usgwarchives.net/ga/jones.htm Table of Contents page: http://www.usgwarchives.net/ga/gafiles.htm Georgia Table of Contents: Murder of James Broach, by Stephen G. Pearce. The transcript is 21 pages long. Jones County GA Court Murder trial of Stephen G. Pearce File contributed for use in USGenWeb Archives by Mistirose0@aol.com Nancy Humphries Owensby MURDER IN CLINTON, JONES COUNTY, GA--PART 1 Georgia-Jones County The State against Stephen G. Pearce 1st Witness Stephen Clower sworn saith-That as he came up before Dorsey Robinsons & Adams store he saw James Broach and John Broach advancing towards Stephen G. Pearce with their sticks raised and Pierce rather giving back and heard Elijah B. Pitts say shoot and at that time Stephen G. Pearce shot James Broach and killed him. This took place in Clinton about five o'clock P.M. on the 4th October 1841~~~~Stephen Clower 2nd Witness Daniel N. Smith sworn saith-That he was sitting before Dorsey Robinsons & Adams store. Stephen G. Pearce happened by and said where is Broach and said he would have satisfaction out of him or his friends. James Broach was standing near at the time and Pearce walked up to Broach and some words he (Witness) did not understand passed. Pierce then turned round or made a half turn and threw his hand up to his breast. Broach remarked to him not to cut him several times. Pierce drew his pistol. Broach said don't shoot me. At the same time he made a pass to catch the arm of Pierce that held the pistol, at which time Pierce raised the pistol and shot him and he fell dead. Broach had a stick in his hand at the time- this took place in Clinton on the 4th of October 1841~~~~~~~~Daniel N. Smith 3rd Witness Samuel Blow sworn saith-That he was standing near Dorsey Robinsons & Adams store in Clinton and Stephen G. Pearce passed him. He had a large pistol in his hand carrying it behind him with a iron rod in it. As he passed he inquired for Broach. He immediately found James Broach and walked up to him and presented his pistol at him. Said he could whip him in any way. Broach had a stick in his hand and told Pierce that he had no weapons to fight him with then attempted to strike him with the stick as Pierce held the pistol towards Broach, he (Broach) gave way by holding his head back and Pierce told him he would have satisfaction of him. Broach told him not to shoot him. He then shot him and killed him dead-this took place on the 4th October 1841 about 5 o'clock PM~~~~~~~~~~~~~~Samuel Blow 4th Witness William G. Morgan sworn saith-That he stepped up when Stephen G. Pearce had his pistol drawn. James Broach told him not to shoot for he had nothing to defend himself with. Broach raised his left hand whether to shove him (Pearce) off or not he cannot say. He (Broach) held a stick in his right hand. Pearce then turned round and shot said Broach in the left side of his head and he fell immediately-this took place in Clinton opposite Dorsey Robinsons & Adams store on the 4th October 1841~~~~~~William G. Morgan 1st Witness for prisoner Henry P. Adams sworn saith-That the first that he saw was Stephen G. Pearce walking up and met the two Broaches and heard words pass between them. The next he saw Pearce and James Broach were hold of each other and Broach had a stick in his hand. As they came together Pearce put a pistol round by Broach's head and fired and Broach fell dead.-this took place on the fourth of October 1841 in front of Dorsey Robinsons and Adams store~~~~~~~~~Henry P. Adams 2nd Witness sworn Henry W. Dorsey sworn saith-That he stepped to window of his store. Stephen G. Pearce and Broach standing face to face and heard angry words pass between them. Pearce had his hands in his pockets and Broach had a stick in his hand and as well as I recollect Pearce said cut away. Broach had his stick raised and Perce was giving back. Do not know whether Broach struck or not, thought that he (Broach) was trying to take pistol from Pearce after they clinched he (Pearce) drew the pistol while he was backing. While they were standing near each other Pearce threw his arm round and fired and shot him as he thought in the side of the neck or just below the ear and he fell immediately-this took place on the 4th October 1841 in Clinton~~~~H.W. Dorsey 3rd Witness sowrn Foster Robinson sworn saith-He was standing behind the counter near the window and heard a dispute in the street and saw that it was between James Broach & Stephen G. Pearce. They stood within three feet of each other. Broach had a stick in his hand. He then turned from the window, when he looked out again it appeared as if Pearce arm was around Broach's neck and a pistol fired and Broach fell-this took place in Clinton on the 4th October 1841~~~~~~~Foster Robinson Georgia-Jones County It is adjudged by us Justices of the Peace of said county that Stephen G. Pearce be commited to some safe jail to stand his trial for murder. Joseph Winship, JP Henry B. Cabiness, JP And we certify the foregoing to be the substance of the evidence taken on the trial of Stephen G. Pearce for murder this 4th October 1841. J. Winship, JP Henry B. Cabiness, JP The Grand Jurors sworn, chosen and selected for the county of Jones to wit: Joseph Winship, foreman, Henry Brown, James H. Morrow, Daniel McCloud, John J. Strawbridge, John J. Beasley, T.J. Bazemore, William Fuller, James Greene, Benedict H. Greene, Wilson Whatley, Thomas J. Carson, John Pitts, John Permenter, Nathaniel Tuberville, John S. Walker, Robert O. Moreland, William Reynolds, Thomas L. Burden, Joshua Davis, N.W. Gordon, Clark Blandford, Jr. & Henry Finney in the name and behalf of the citizens of Georgia charge and accuse Stephen G. Pearce and Elijah B. Pitts of the county and state aforesaid with the offense of Murder. For that the said Stephen G. Pearce not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil on the fourth day of October in the year of our Lord one thousand eight hundred and forty one at the town of Clinton in the county and state aforesaid with force and arms in and upon one said James Broach in the peace of God and said state then and there being unlawfully felonious wilfully and of his malice aforethought did make an assault and that the said Stephen G. Pearce a certain pistol of the value of five dollars and of the length of eight inches then and there loaded and charged with gun powder and one leaden bullet, which pistol he, the said Stephen G. Pearce, in his right hand then and there had and held against and upon the said James Broach then and there unlawfully, feloniously, wilfully and of his malice aforethought did shoot and discharge and that the said Stephen G. Pearce with the leaden bullet aforesaid out of the pistol aforesaid then and there by force of the gunpowder and leaden bullet sent forth as aforesaid the said James Broach in and upon the left side of the head and neck of him the said James Broach a little below the left ear of him the said James Broach then and there unlawfully feloniously wilfully and of his malice aforethought did strike penetrate and wound giving to the said James Broach then and there with the leaden bullet aforesaid so as aforesaid shot discharged and sent forth out of the pistol aforesaid by the said Stephen G. Pearce in and upon the left side of the head and neck of him the said James Broach a little below the left ear of him the said James Broach one mortal wound of the breath of an inch and the depth of six inches of which said mortal wound the said James Broach did then and there instantly die and that the said Elijah B. Pitts on the day and year first aforesaid with force and arms at the town of Clinton aforesaid in the county and state aforesaid unlawfully feloniously and his malice aforethought was present and abetting the said Stephen G. Pearce the murderer aforesaid to do and commit and so the Jurors aforesaid upon their oaths aforesaid do say that the said Stephen G. Pearce and said Elijah B. Pitts the said James Broach in manner and form aforesaid unlawfully feloniously wilfully and of their malice aforethought did kill and murder contrary to the laws of said state the good order peace and dignity there of. Augustus Reese October Term 1841~~~~~~ Sol Gen Robert M. Broach Prosecutor Witnesses Daniel N. Smith, Elbert Hutchings, Wm. T. Massey, Wm. G. Morgan, Hardy Massey, William Jones, Crawford Newton, Jordan J. Barfield, Henry Tidd, Edmond Phillips, John Beasley, Norman McCloud, William Scott, Jonathan Alexander, Thos. Hogan, Samuel Blow, John Strawbridge True bill Joseph Winship foreman A copy of the bill of indictment and list of the witnesses sworn before the Grand Jury waived by Stephen G. Pearce before arraignment Oct. 19th 1841~~~ Robert V. Hardeman Defts. Atty The defendant Stephen G. Pearce arraigned and plead not guilty October 19th 1841 and cause continued by the defendant. No appearance as to defendant Pitts. Augustus Reese Solicitor April Term 1842 Jury~ 1 Thomas Smith 7 Michael S. Childs 2 John McNeal 8 Silas L. Mitton 3 Simon W. Nichols 9 Robert Wammack 4 Moses Kilean 10 Frederick Marshall 5 Benjamin W. Jackson 11 James M. Minyard 6 Peter L. Clower 12 William T. Johnson We the jury find Stephen G. Pearce guilty of voluntary manslaughter Michael S. Childs foreman The State Vs Stephen G. Pearce Macon~~verdict for voluntary manslaughter Where upon it is adjudged and sentenced by the court that Stephen G. Pearce be taken from the box of this court by the Sheriff of this county and delivered to the jailor of Baldwin County and be by said jailor kept in close confinement in said jail until a suitable guard shall arrive from the penitentiary of this state and be then delivered to said Guard and taken by them and delivered to the principal keeper of said penitentiary and that he be kept at labour in said penitentiary for and during the term of four years to be computed from his reception in said penitentiary~let defendant be in mercy-April 23rd 1842~~~ Augustus Reese Sol Gen EVIDENCE ON THE PART OF THE PRISONER Stephen Clower Sworn Came up just at the close of difficulty prisoner was giving back and decd. and his brother were advancing upon him, about the time the pistol fired, with stick raised-Pitts said shoot as witness thought by his voice-witness was fronting decd. and at the back of prisoner some two or three steps from them Cross Examined Thinks decd held the stick near the middle-don't recollect seeing the pistol in the hand of prisoner-saw no effort on the part of decd. to strike prisoner-decd was near enough to prisoner to have struck him-cannot tell whether prisoner had hold of the lappel of decd coat or not~~~ Henry W. Dorsey Sworn Witness was about fifteen steps from them when the difficulty occured decd and prisoner were facing each other quarreling-heard something said but does not know what-heard prisoner say cut away-decd had a stick in his right hand-when that remark was made prisoner gave back and decd advanced and thinks both clinched each other by the collar with the left hands- thinks prisoner gave back about six or eight paces from where the difficulty commenced when prisoner brought round his arm and shot deceased-Decd was shot under the left ear and died instantly-thinks they had hold of each others collar after the prisoner backed one or two steps-thinks the stick was a hickory stick and rather larger than the one presented to the jury Cross Examined Prisoner had his right hand in his over coat pocket when he was retreating-saw no effort on the part of decd to strike prisoner-decd was near enough to have struck prisoner if he had been disposed and he held his arm in a horizontal position-Witness don't know what time prisoner drew the pistol-did not see the pistol until it wa fired William R. Brown Sworn Witness was standing some three or four feet from prisoner and decd- when they met prisoner came up to deceased with both hands in his over coat pocketts-prisoner said he wanted that difficulty settled- decd asked him what difficulty-prisoner observed the difficultly at the precinct-decd said he would settle it any way he wanted it settled-about that time deceased raised his stick and rather advanced on prisoner holding his arm in a horizontal position and holding the stick a little below the middle or about there-By this time a good many persons had come up and some words passed but witness did not understand what they were-about that tiem decd made at the prisoner and caught him by the collar- previous to this time prisoner had not taken his hand out of his over coat pocket-they backed some six or eight paces decd having hold of prisoners collar-does not know whether prisoner had hold of deceased collar or not-just before the pistol fired heard some person say shoot him- does not know who said it Cross Examined Did not see decd offer to strike prisoner-they were right close together-too near to strike-did not draw pistol until an instant before it was fired-witness was standing sideways to the parties-the side from which the prisoner drew the pistol was towards witness~~~ Henry P. Adams Sworn On the afternoon of the fourth of October last witness and prisoner walked out of James Grocery together witness taking the side walk and prisoner the street-Witness walked up to Dorseys store at the time prisoner walked up to deceased-does not think Pitts was with prisoner at James'es Grocery-saw Pitts immediately after at Winship & Hutchings store-was in the act of going into store when his attention was arrested by angry words between prisoner and deceased-heard prisoner tell decd to cut away-decd then advanced on prisoner with a stick in his hand had a green Hickory stick a little longer than the one presented to the jury- decd held his arm in a horizontal position and teh stick about the middle-someone and witness thinks Pitts from his voice cried out don't back out shoot him-about this time prisoner gave back some six or eight steps-at this time a tustle ensued but which clinched the witness cannot say-at this time prisoner brought his arm around and shot decd-did not see the pistol till just at the time pistol was discharged-decd brother had a stick and was standing near when the quarrel commenced Cross Examined Did not see decd strike prisoner-they were too near to strike after they clinched but decd might have struck before-witness was not on the side from which prisoner drew the pistol-Pitts was there and had his pistol concealed under the skirt of his coat-prisoner did not show his pistol until just before he fired it-recollects none of the conversations that passed good many words said Tasl Horne Sworn Witness was present on the first Monday in October last-decd told prisoner he would settle it any way he wanted to settle it GDamn him-as he said that deceased made at him and changed the stick from the right hand to the left and caught him by the collar with the left hand- prisoner was giving back at the time and caught him (Broach) by the collar-decd appeared as though he was trying to get something out of his bosom-prisoner backed some six or eight steps decd having hold of his collar-saw the prisoner pull a pistol out of his right over coat pocket and shoot decd-Decd had a green hickory stick-Decd brother was there do not recollect that decd brother had a stick but he had a knife open-did not see him make any attack on prisoner but was advancing with other directly behind decd John Woodall Sworn Was standing at Mr. Dorsey's store when Pitts & prisoner came walking up together-prisoner walked up to decd and said something to him he don't know where deced raised the stick his arm being in a horizontal position-held the stick near the middle-decd and prisoner stepped back some four or five steps-witness then stepped behind the door and did not see anything more-there might have been knives there but witness did not see them Cross Examined Saw no person attempt to strike or inflict any injury on the prisoner-decd was in a position to have struck prisoner if he had been disposed Henry Hammack Sworn Witness got on some boxes near Mr. Dorseys store-when witness got there deceased was rushing upon prisoner. prisoner said don't rush on me if you do I will blow your brains out with his hand extended in a horizontal position with his hand open -Decd said to the prisoner don't put your hands on me if you do I will cut your GDamn throat-Prisoner gave back some five or six steps Cross Examined Saw no one attempt to strike prisoner-prisoner did not extend his arm at full length it was his right arm that was extended-there were other persons nearer than the witness and around them-it witness had not been on the boxes he could not have seen them James Hammack sworn Was not present when the difficulty commenced was distant some ten or twelve steps with his back towards them-heard some words and turned around saw prisoner giving back & decd rushing on him as prisoner was giving back he said to decd don't rush on me if you do I'll blow your dam brains out Cross Examined Witness saw no person attempting to strike prisoner-does not mean by rushing that decd was assaulting or attempting to assault him-decd held his arm in a horizontal position-decd was in a position to have struck prisoner if he had thought proper William B. George Sworn Witness saw the commencement of the controversy was standing some four or five paces off- saw prisoner and Pitts walk up to deceased-prisoner said to deceased this was as good a time as any to settle their difficulty-decd made some reply but witness did not hear distinctly- decd then caught at prisoner with his left hand and had a stick in his right hand-witness thinks that he struck at him or punched at him as witness thought though he is not positive-prisoner was giving back as decd caught hold of him all about the same time Cross Examined Witness might have been deceived by the struggle of the parties don't recollect whether prisoner had his hand in his pocket or not-decd had hold of prisoners collar-by letting go the collar witness thinks decd could have put himself at a distance to have struck prisoner at anytime Edmand Phillips Sworn Witness hearing a difficulty riot up within three feet of them and prisoner said to deceased that he had been imposing upon him all day and that he wanted satisfaction-decd asked in what way-to which the prisoner made no reply-decd walked up about one step further prisoner pushed him away-decd told him not to push him down ****************************************************************************** *** I certify that the above and foregoing is the evidence given on the indictment The State vs Stephen G. Pearce charged wtih the offence of murder and found guilty by the Jury of voluntary man slaughter 23th April 1842 Frances H. Cane Judge Georgia-Jones County Clerks office Superior Court I, Elbert Hutchings, clerk of said court do hereby certify that the above and foregoing twenty one pages contain a full and true examplification in the case of the State of Georgia against Stephen G. Pearce charged with the offence of Murder. Given under my hand at office this 28th day of April 1842. Elbert Hutchings Clerk ======================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation. The submitter has given permission to the USGenWeb Archives to store the file permanently for FREE access. ==============