Laurens County GaArchives Court.....Watson, David M. 1876 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Inez Brett IBrett1042@aol.com August 31, 2004, 12:15 pm Source: Superior Court Records 1876- Written: 1876 Minutes Superior Court, October Term Tuesday, October 10, 1876. Thomas P. Sarchette Vs David M. Watson. There being no usable evidence filed on oath in this case judgment is rendered by the Court for the plaintiff Vs defendant for two hundred dollars as principal, eighty-eight dollars and eight cents as interest, and nine dollars for cost of suit. This 10th day of October 1876. A C. Pate, Judge Superior Court Oconee Circuit. April Term 10, 11, and 12, 1877. The State Vs David M. Watson and Thomas Vann. Simple larceny, No Bill, Henry M. Burch, Forman. The Sate Vs John T. Underwood. Special presentment, no bill, Henry M. Burch, foreman. The State Vs James W. Wright. Assault with intent to murder. True bill, Henry M. Burch foreman. The State Vs David M. Watson. Assault with intent to commit murder. True Bill. Henry M. Burch, foreman. Laurens Superior Court April Adj. Term 1877 The State Vs Clerk Salary Henry Plummer, Burglary 5.00 30.00 John H Brantley, Stabbing 2.00 25.00 C W Brantley, Stabbing 2.00 25.00 Henry Oneal, Rape 5.00 55.00 James J Boatright, Assault and Burglary 3.00 5.00 David M Watson, Larceny 3.00 5.00 Thomas Vann, Larceny 3.00 5.00 John J Underwood, Misdemeanor 3.00 5.00 Total 26.00 155.00 It is ordered by the Court that the County Treasurer of Laurens County pay Hardy Smith Clerk Superior Court Twenty dollars and Tom Easton Solicitor one hundred and fifty-five dollars out of any money in his hands raised from fines and for forfeitures. September 1, 1877 A C Pate, J S C O C page 180 Minutes Laurens Superior Court, April Term, Wednesday, April 10, 1878 The grand jury made the following presentments: The State Vs Thomas L. Daniel. No bill. William W Oneal, Forman The State Vs Lafayette Watson. Assault. No bill. William W. Oneal. Forman Minutes Laurens Superior Court, April Term, Thursday, April 11, 1878, 8 1/2. The Honorable Court convened: Presents the Honorable Antony C. Pate Judge of the Superior Courts of the Oconee Circuit presiding. Page 179 Minutes Laurens Superior Court, April Term, Wednesday, April 10, 1878, 8 1/2 o'clock. The State Vs David M. Watson, Assault with intent to murder. The defendant David M. Watson being formally arraigned and pleads not guilty. Thomas Easton Solicitor General. Copy of the bill of indictment and list of witnesses, sworn before the grand jury, waived before arraignment. J. T. Glover and J. J. Connel Defense Attys. The following is a list of the jury impaneled to try the above stated case. Benjamin W Darsey E M Floyd C Richard Wanham Benjamin H Calhoun William W Hall Alfred L Morgan William A Joiner Wm. J Warren William Burch James J Brown Flornoy Clarke Thomas B Fuqua Page 186a In Laurens Superior Court April Term 1878. It appearing to the Court that Thomas Eason Solicitor General of this circuit is unable to attend to his duties as Solicitor on account of sickness, there being the case of the State Vs D. M. Watson now upon trial before the Court therefore ordered that Rollin B. Stanley be and is hereby appointed Solicitor General pro teem for said case now on trial. A C Pate J C C O C Page 186b-- 187. Laurens Superior Court The State Vs John T. Worthy, Thomas Vann, E. R. Swails, witnesses. It appearing to the court that John T. Worthy, Thomas Vann, and E. R. Swails, witnesses for the defense in the case of the State Vs David M. Watson, assault with intent to murder have violated the instructions of the Court and in contempt of the Court has been listening to the testimony of Richard Stanley a witness sworn for the defense. Ordered that said parties do show cause before this Court on tomorrow morning 8 1/2 o'clock why a fine of Forty dollars should not be imposed upon them for this contempt of the Court, April 11, 1878. A C Pate, J S C O C page 190 The State Vs James W Wright: Assault and Battery After examination of the facts of the above stated case it is ordered by the Court that the Solicitor General have leave to enter a Nolle Prosequi. A C Pate, J S C O C The Court took a recess until tomorrow morning 8 1/2 o'clock Hardy Smith, Clerk Examined and approved. A C Pate J S C O C Page 196 Minutes Laurens Superior Court April Term, Friday, April 12, 1878, 8 1/2. The Honorable Court convened: presents the Honorable Ant The Court took a recess until tomorrow morning 8 1/2 o'clock Hardy Smith, Clerk Examined and approved. A C Pate J S C O C Page 196 Minutes Laurens Superior Court April Term, Friday, April 12, 1878, 8 1/2. The Honorable Court convened: presents the Honorable Antony A. Pate Judge of the Superior Courts of the Oconee Circuit presiding. The case of the State Vs David M. Watson charged and on trial for the offense of assault with intent to murder was resumed. Minutes, Laurens Superior Court, April Term, Saturday, April 13, 1878, 8 1/2 o'clock. The Honorable Court convened: presents the Honorable Antony C. Pate Judge of the Superior Court of the Oconee Circuit Presiding. The case of the State Vs David M Watson. assault, true bill, William W Oneal, foreman The State Vs James W Wright: assault and battery, true bill, William W Oneal, foreman The State Vs J. Giles Wright: assault and battery, special presentation. William W Oneal, foreman The State Vs David M. Watson: Assault with intent to murder. It is hereby ordered By the Court that the County Treasurer of Laurens County do pay James J. Thomas Atty. at Law Forty $40.00 dollars for taking down the testimony delivered in open Court upon the trial of the above stated case. This April 13th 1878 A C Pate, J S C O C This has nothing to do with Dave, but it is the judge having a fit about the way the records were being taken care of. Page 198 Minutes Laurens County Superior Court, April Term, Saturday, 14th of April 1878. Report of Special Committee appointed by Grand Jury Laurens County October Term 1877 to investigate the County Offices, Books, beg leave to submit the following: Clerk Superior Court---Neatly and Correctly Kept County Treasurer---Neatly and Correctly Kept Ordinary--we find a great many old papers brought on during Bakers? Administration. Fees paid Baker, papers not recorded. We find the minutes not indexed, and a great disadvantage to parties wishing to look after any case on record. We find a great many marriage License not returned and hope the present grand jury will call the attention of the officers existing said license. We find his books very neatly and correctly kept !!! A J Hilburn, W B Smith, F D Beall This was a Saturday morning and the judge was not happy. Laurens County to Joannah Keen April 10, 1878 To dinner 6 jurors and 1 bailiff, feeding jury and 2 bailiffs, and lodging three days--$68.50. Ordered by the Court that Martin L. Jones County Treasurer in and for said County do pay to Mrs. Joannah Keen Sixty-eight and 50/100 dollars for feeding and lodging the jury in the case of David M. Watson this April 13, 1878. A C Pate, J S C O C Page 198 The State Vs David M. Watson Assault with intent to murder and verdict. We the jury find the prisoner guilty and recommend mercy of the Court. Thomas B Fuqua foreman In Laurens Superior Court April Term 1878 The State Vs David M. Watson Assault with intent to murder. And verdict of guilty with recommendation of mercy. Whereupon it is ordered considered and adjudged by the Court that the defendant David M Watson do be taken from the bar of this Court by the sheriff of this county to the jail of Laurens County there to be safely kept until a sufficient guard shall be sent for him by the principal keeper of the Penitentiary of the State of Georgia, then delivered to said guard and by them to be safely conveyed to the said principal of said Penitentiary and by him to be confined in said Penitentiary or else whereas the governor of this State may direct for the full space of seven ( 7 ) years thence discharged. And it is further ordered that said David M. Watson do pay all the costs of this prosecution. Judgment signed this April 13, 1878 A C Pate J S C O C page 204 and 205 In Laurens Superior Court The State Vs John T. Worthy, Thomas Vann, and E. R. Swails: witnesses. Appearing to the Court that John T. Worthy, Thomas Vann, and E. R. Swails witnesses for the defense in the case of State Vs David M. Watson, assault with intent to murder have violated the instructions of the Court and in contempt of the Court, have been listening to the Testimony of Richard Stanley a witness for the defense. Ordered that said parties do show cause before the Court on tomorrow morning 8 1/2 o'clock why a fine of Forty dollars should not be imposed upon them for this contempt of Court this April 11, 1878. Copy of this rule to be served on each of the defendants. A C Pate J S C O C Filed in office April 11, 1878 Hardy Smith, clerk State Vs John T. Worthy, Thomas Vann, E. R. Swails: Rule for contempt of Court, Laurens Superior Court and answer of Defendants. And now comes Defendants in above stated rule, to wit; John T Worthy, Thomas Vann, and E. R Swails and for answer to the above rule says that they have not violated the instructions of the Court in remaining from the Court Room and out of hearing of witnesses in trial of case to wit State Vs David M Watson charged with assault with intent to murder in Laurens Superior Court that since said instructions of the court have been delivered they have neither been within the court room during the examination of any witnesses in said case, have heard the testimony of no witness examined in said case, nor are they conscious that they have been within a distance of any witness examined to hear the testimony delivered. John T. Glover, J. J. Connel attys. for defendants. Georgia Laurens County: Personally came John T. Worthy, Thomas Vann, and E. R. Swills defendants in above cited case say on oath that the facts in above answer are true. Sworn to and subscribed before me April 12th, 1878. Mercer Haynes Judge Co. Co L. C. Upon hearing the answer of Defendants it is ordered that said rule be dismissed. The Court then adjourned until the 3rd Monday in August next. Hardy Smith, clerk Examined and Approved. A C Pate J S C O C Page 320 State of Georgia) Superior Court October Term 1879 To John W. Nelms Principal Keeper of the penitentiary or his successor in office. It appearing to the Court on motion of and representations by States Counsel in the case of the State Vs James W. Wright, against whom a Bill of indictment is now pending in the said Court, by and which the said Wright is charged and accused with and of the offense with intent to murder. And it further appearing to the Court in manner aforesaid that David M. Watson is a material witness for the State in the said case and that without his evidence the State cannot safely proceed to trial. And it further appearing to the Court that you John W. Nelms Principal Keeper aforesaid are an officer in whose custody the said Watson is lawfully imprisoned. Be it therefore ordered by the Court that you John W. Nelms there officer aforesaid produce the said David M. Watson before the Court or deliver him to the sheriff or his deputy of said county on application having the said Watson to give evidence in the criminal case aforesaid or impending in said case set for trial on 19th of January on or within three days before the 19th day of January next for the purpose aforesaid. Be it further ordered that the sheriff of said county or his deputy with a safe and sufficient posse do proceed on the said 19th day of January next or within three days before to the County of Dade where the said Watson is imprisoned, or to such other place as he may then be imprisoned and to carry him from the officer aforesaid or his authorized agents and convey the said Watson to the jail of said County of Laurens and him in said jail safely keep until he be thence delivered by order of this Court for the purpose aforesaid, afterwards by order of this Court to be redelivered to the aforesaid officers from where custody taken. Be it further ordered that the Clerk of Said Court speed this order on the minutes of this Court and make out a copy hereof with his certificate thereon of its genuineness as being taken from the minutes of this Court. With the seal of his office placed thereon and deliver the said certified copy together with this original to the sheriff of said county to execute as aforesaid October 15, 1879. M L Mershon, Judge Superior Courts Brunswick Circuit Presiding The State Vs J W Wright Assault and Battery The defendant James W. Wright formally arraigned and pleads not guilty. Thomas Eason Solicitor General Copy of Bill of Indictment and list of witnesses sworn before the grand jury waived before arraignment. John M Stubbs Defendants Attorney The following is a list of the jury impaneled to try this case. Jessee M Joiner George W Jenkins John W Clark H D Montford J N Darsey David Warnock Andrew J Lowery T H Sheppard Elijah Sheppard C W Linder W W Smith Mathias Lowery We the jury find the prisoner guilty January 23, 1888 H D Montford, foreman Page 352 The State Vs J J Wright Shooting Hardy Smith County Treasurer in and for said County of Laurens will pay Rollin A. Stanley the sum of twenty-five dollars for his services in taking down the testimony in the above stated cases. Said sum to be paid out of any funds in said Treasury not other wise appropriated. This January 24, 1880 A C Pate, J S C O C Seaborn Tipton and Daniel S. Watson Bailiffs were discharged. Since making this entry I learn that S. Tipton was not discharged by sheriff but continued. The grand jury appearing made the following presentments. (This above has nothing to do with this case but I just put it in because it refers to Daniel S. Watson, brother of Dave. Inez ) Page 374 State of Georgia, Laurens County Superior Court October Term 1879. The State Vs James W Wright Assault and Battery in Laurens Supreme Court Plea of not guilty and verdict of guilty. The jury in the above stated case having found the defendant James W. Wright guilty and the defendant James W. Wright showing no reason why the sentence of the law should not be passed upon him. It is therefore ordered by the Court that the defendant James W. Wright be confined in the common jail of said county of Laurens for the full space of ninety ( 90 ) days. The defendant James W. Wright may relieve himself of said confinement in said jail by paying a fine of Seventy-five ( 75 ) dollars and all the costs of this prosecution and then be discharged Feb 7, 1880. A C Pate J S C O C The State Vs J W Wright Assault and Battery Verdict Guilty The defendant in the above stated case having made for a new trial on the above stated case and filed said motion and grounds for new trial it appearing to the Court that from the pressure of _____of Defendants Counsel in Court he has not had sufficient time to perfect and file the brief of evidence therein it is upon motion of said counsel ordered that Defendant have thirty days within which to perfect and file said brief of evidence in said case. Page 401 Minutes, Laurens Superior Court, April Term, April 16, 1880 With much regret we have seen effort after effort fail to induce his excellency Governor A. H. Colquit to pardon out of the penitentiary a citizen of our county who has been confined there for two years for a crime which later jury and public sentiment say was committed by another man. In answer to an earnest appeal from our fellow citizens we have made one more appeal to the Governor by sending to him a petition signed by every member of this body for the immediate pardon of David M. Watson. In taking leave of his Honor Judge A. C. Pate and Solicitor General Thomas Eason we tender thanks to his honor for his quiet and impartial administration and to Col. Eason for courtesies extended our body. We recommend that these presentments be published in the Dublin Post. The State Vs James W. Wright Assault with intent to murder, Verdict of guilty and motion for a new trial refused. The defendant in the above stated case having tendered his Bill of Exceptions and the same having this day been certified by me, and upon the filling of the same in the Clerk's office of the Superior Court of Laurens County that the Defendant be and is hereby allowed to give bond and security as provided by law in the sum of Two Thousand dollars. See Section Code 4263 Feb 16, 1880. A C Page J S C O C Page 374 Minutes, Superior Court Laurens County, October Term. The State Vs James W. Wright Indictment in the Superior Court of Laurens County for assault with intent to murder. Filed at October Adjourned Term 1879 and verdict of guilty. Where upon it is considered ordered and adjudged by the Court that you James W Wright the defendant in the above stated case be taken from the bar of this Court to the jail of said County, where you shall be safely kept until demanded by a guard to be sent to the principal keeper of the penitentiary of this State, to whom you shall by the jailor be delivered and by them safely conveyed to the penitentiary of our state or such other place or places as the governor of said state may direct for and during this term of seven ( 7 ) years to be computed from your reception therein. And the clerk will notify said keeper of your indictment conviction and sentence as required by law. Witness my hand officially this 7th day of Feb, 1880. A C Pate, J S C O C Minutes of Superior Court, October Adjourned Term, 1879 The State Vs James W. Wright Assault with intent to murder. It appearing to the Court that in the above stated case the defendant having been found guilty and having made his motion for a new trial therein, and the same having been overruled and the defendant having expressed his determination to carry the same to the Supreme Court on appeal Ordered that a supersedeas be granted to the judgment of the Court in said case and the sentence therein be suspended for the space of thirty days from this date Feb 7, 1880. A C Pate, J S C O C The State Vs James W Wright Assault with intent to murder in Laurens Superior Court, Verdict Guilty It is ordered by the Court that the defendant James W Wright be required to give a bond in the sum of Two Thousand Dollars with good and solvent securities to appear and answer to and abide the judgment and the sentence of the court and in default thereof that the said James W Wright be committed to jail of Laurens County the Security to be judged of by the sheriff of Laurens Co... Feb 7, 1880 A C Pate, J S C O C The State Vs J. W. Wright Assault and Battery Verdict guilty by the Court. Tom Eason, Solicitor General, John M. Stubbs, W. H. Wylly, Def. atty. Approved A C Pate, J S C O C The State Vs J W Wright Assault and Battery verdict of guilty The Defendant being dissatisfied with the verdict in the above case now before the adjournment of this Court moves for a new trial therein on the following grounds to wit: 1st. Because the verdict is contrary to the evidence and the law 2nd. Because the verdict is contrary to the law 3rd. Because during the trial of the case and while the Court was adjourned for dinner the jury in said case was mingling with the crowd when the were not allowed to disperse and because some of said jurors were furnished with spirituous liquors through one of the Bailiffs of said case. Because said conduct of said jurors and said bailiff was improper and illegal on the premises. John M Stubbs W H Wylly It is ordered that Connel for the State show cause at the next term of the Court why new trial should not be granted as preyed for and that this order act as a superseder until the further of the Court. Feb 7, 1880 A C Pate, J S C O C The Court then adjourned until Friday before the 2nd Monday next being the 9th day of April 1880. Hardy Smith, clerk Examined and approved Page 861 The State Vs James W Wright Assault with intent to murder The defendant James W. Wright waived formal arraignment and pleads not guilty. Copy of the Bill of indictment and list of witnesses sworn before the grand jury, waived before arraignment. Wily, Stanley, and Stubbs, Defendants Attorneys The following is a list of the jury impaneled to try the above stated case. B F Dioxin Thomas S Tipton A L Roland Hardy Blankenship Andrew J Lowery Hardy Gay George W Jenkins William Gilbert T H Sheppard W A Joiner Mathias Lowery J P Padgett Wm. R. Keen, A U. Graham, John R. Lock, Isaac Gay, Bailiffs were excused for the balance of the Term. All Traverse jurors were excused for the balance of the term except those engaged in the trial of the case of the State Vs J. W. Wright, Assault with intent to murder. Additional Comments: Legal material for David McGinta Watson I gathered at the Library and Court House in Dublin. Seems like since I can remember, conversations with Daddy, Grandma Watson, other Watson kin, I was told about my Gr. Gr. grandfather Dave Watson. He got drunk, was going to walk across the Oconee River rail road trestle, fell off and it killed him. He was in the Civil War, was wounded, captured, exchanged, and survived. Later in his life he was sent to jail in North Georgia because he was with a bunch of people who killed a man, he would not tell the authorities who the murderer was so he was sent to jail. It was either to a coal mine or salt mine. Now I know it was a coal mine and he was serving his time in Dade County, Georgia. Dade is in the North west corner of the state. Back then the penitentiaries were state run, therefore the Governor was essentially in charge of Dave. Governor leased him out to different special people to benefit himself probably. I still do not know all of the facts. The newspaper articles I did see said Dave shot Wright, and Wright shot Dave. During the years 1879 and 1880 the editor of the Dublin Post newspaper went on a big campaign to get him released from jail. I don't know who started it, but for months the editor used the paper as a tool to help his case and get him released. He said all of Laurens CO. knew that Dave had been railroaded into jail when the person he was accused of shooting should be the one sent off to jail, not Dave. On the University of Georgia web site they have several old Georgia newspapers, and the Dublin Post happens to be one of them. Their coverage of the newspaper begins just about the time Dave has served 2 years so I can't find out any of the details about the shooting. It has good coverage thanks to the editor during the time it takes them to get him released. He writes in one article that there was no reason to repeat the sorry specifics of the case again because it was such a tangled mess that the average person could never understand the ins and outs of the case unless they had kept up with it from the beginning. When I first found the online newspaper material, I went to the Court House in Dublin to find some more details. I went to the local library where the records are on microfilm, and the film has just what I am putting here. The head of the Genealogy Department helped me search so there are no more minutes of the Superior Court about the trial than what I have here or what I got from the archived newspapers. What this amounts to is this: Dave and James W. Wright had a shooting. Somehow Wright shot Dave, Dave was tried and sent to prison for shooting Wright. Some people in the county who knew what happened lit a fire under the editor, Grand Jury indicted him, they brought Dave back to testify against Wright who was found guilty and sentenced to 7 years in the penitentiary, appealed, posted bond and took off. Dave went on back to prison, and a year or so later he was pardoned and went home. The townspeople and the editor were so irate because it took Governor Colquitt so long to pardon Dave. I don't know what happened to Wright, but before he was arrested he was the sheriff there and he was brutal. He was reprimanded numerous times for beating people up, and was so bad the newspaper editor got on the soap box several times about him being so mean and violent. He should be fired said the editor. So, Wright has gone, Dave is released from prison, and soon takes off to the gold mines in Ackworth, Georgia, near Marietta, stepped into a bucket to be lowered down the hole over the mine. The rope broke and he fell about 75 feet to the bottom of the mine. Got several ribs torn loose and lots more injuries for that. Now, do we have a colorful ancestor or what? I would say we had a tough one. File at: http://files.usgwarchives.net/ga/laurens/court/gwl101watson.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 25.8 Kb