MUSCOGEE COUNTY, GA - NEWSPAPER Murder Wm Bird (Clapp's Factory) 1870 ***************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm *********************** This file was contributed for use in the USGenWeb Archives by: retrofit@flash.net John Mallory Land [MURDER AT CLAPP'S FACTORY?].”The life of Wm. BIRD, an employee of the Eagle and Phenix Factory, of this city, was taken about 10 o'clock on Saturday night last at Clapp's Factory, three miles above here. The following are the particulars, as far as we could gather them: Wm. BIRD was in the city early in the night, engaged in drinking. Report has it that Ben. WIGGINS, a brother-in-law, and Jackson BIRD, a brother (employed at Clapp's Factory), came to town about 8 o'clock Saturday night, and that William BIRD went home with them; that shortly after [arriving?] there, some time between ten and eleven o'clock, Ben. WIGGINS, Finn WIGGINS, and Jackson BIRD, all in li[quor?], got up a general fight and that Wm. BIRD, in attempting to interfere, received six severe cuts, three in the body, one in the throat, one in the forehead, and one in the [arm?], from the effects of which he died in about half an hour.â 80”Afterward Isaiah BIRD, another brother of the d! eceased, came to town for the police to [arrest?] the parties. He was informed that any one could make the arrest. Accordingly, early Sunday morning the WIGGINSES and Jackson BIRD were brought to the city by the said Isaiah BIRD and others, where they were held until yesterday morning by order of the Mayor [James JOHNSON], when a warrant was duly taken out and the parties committed to jail to await a preliminary examination at the Court-house at 10 o'clock this morning, before Justices COLEMAN and McCAHEY. Coroner's Verdict”Sunday morning Coroner WOOD, attended by Sheriff BRADFORD, repaired to the scene of the homicide, where a jury was summoned and the verdict below rendered, after the examining physician, Dr. J. E. BACON, had given an opinion that [the] deceased came to his death from the effect of the wound in the neck: We, the jury, certify that Wm. BIRD came to his death by a wound inflicted in the throat with a knife or some cutting instrument in the hands of some person unknown to us. S. DAVISON, Foreman W. C. HAMMOCK, John NEWSOME, A[rchibald] H[ood] COLE, Dan McSWAIN, H[enry] P. EADY, H[enry] C. GAND. [From the Columbus, Georgia, Daily Enquirer newspaper, 22 NOV 1870, Vol. XIL, No. 878, page 3, top of column 2. Transcribers note: this image is dark and portions of it difficult to read, particularly the top. Corrections appreciated. What number is XIL “ 39, maybe? “ jml] =============== MURDER NEAR THE COLUMBUS FACTORY.”A tragedy happened in one of the operative houses, generally the most orderly of orderly places, of the Columbus Manufacturing Company, located some three and a half miles from the city, Saturday night about nine o'clock. A party was in progress at a house occupied by the BYRD and WIGGINS families. A fight occurred in front between Ben WIGGINS and Jackson BYRD, two visitors. Jas. W. BYRD, another visitor, went among them and was stabbed six times, one blow completely severing the artery on the left side of the neck. He died almost instantly. Three parties concerned have been arrested and put in jail”Jackson BYRD, Fin and Ben WIGGINS. They are respectively the brother and brothers-in-law of the deceased. Another brother, Isaiah BYRD, brought them to the city and delivered them to the authorities. The commitment trail will be held this morning at 10 o'clock, at the Court House, before Justices McCAHEY and Charles COLEMAN. Several who witnessed the affair, say Ben WIGGINS struck the fatal blow. The trial may develop the fact. The entire party are employees of the factories, were under the influence of liquor and went out there from Columbus. "Coroner WOOD, with the following jurors, and Dr. BACON as examining physician, held an inquest over the body: S. DAVIDSON, Foreman; D. McSWAIN, H[enry] P. EDDY, A[rchibald] H[ood] COLE, W. C. HAMMOCK, J[ohn] NEWSOME, H[enry] C. GANN. The verdict was [that the] deceased came to his death from a wound inflicted in the neck by a knife or some cutting weapon in the hands of parties unknown to the jury. [From the Columbus, Georgia, Daily Enquirer newspaper, Tuesday, 22 NOV 1870, p. 3, column 2, top.] ==================== COMMITTED FOR MURDER.”Yesterday morning, at the Court House, occurred the preliminary trial of Ben. WIGGINS and Phineas WIGGINS”the first charged with murdering his brother-in-law, Wm. BYRD, and the latter with being an accessory. The affair was the one mentioned yesterday as having occurred Saturday night, about nine o'clock, in one of the houses of the Columbus Factory, located three miles from the city. The Justices were Messrs. McCAHEY, and Chas. COLEMAN. The evidence differed little from the account given yesterday, although it was proven that throughout the affair Phin. WIGGINS was a peacemaker. The warrant against him was dismissed. No one was nearer than fifteen feet from Ben. WIGGINS and Wm. BYRD when the latter was stabbed. Both were drunk, so the witnesses said. A few moments before they had come, with Jackson BYRD, from the city, very friendly, and Wm. BYRD had been put to bed in WIGGINS' house. Ben. WIGGINS and Jackson BYRD, after spending a little while in an adjoining room, where a party was going on, engaged in a difficulty on the road in front of the house about their relative manhood. They were being held apart. A little brother of BYRD's came to them saying Bill BYRD had drawn a chair on WIGGINS' mother. WIGGINS started for the house as Bill BYRD staggered out. They met near the road, when Jackson BYRD testifies he, being held all the while, saw Ben. strike Bill two blows with a knife on the neck and his brother fell. Dr. BACON testified the wound on the neck was a fatal one. The testimony of others showed that Jackson was very tight, if not drunk. The Court sustained the charge of murder against Ben. WIGGINS, and he was committed to jail for safe keeping. Counsel for the defense were Hon. M[artin] J[enkins] CRAWFORD, Col. M[ark] H. BLANFORD, Reese CRAWFORD and C. H. WILLIAMS. Grigsby E. THOMAS, Esq., for the State and prosecution. [From the Columbus, Georgia, Daily Enquirer newspaper, Wednesday, 23 NOV 1870, p. 3, column 2, top.] ==================== PRELIMINARY TRIAL.”Ben and Finn WIGGINS, for the killing of Wm. BIRD at Clapp's Factory, were before Justices COLEMAN and McCAHEY, at the Court-house, yesterday. The examination consumed about four hours. The testimony of a number of witnesses for and against the accused was taken down. What of the evidence we heard went to show that deceased, in company with his brother (Jack BIRD) and Ben. WIGGINS, left town about dark Saturday evening, with several drinks aboard and two bottles in their pockets; that deceased and WIGGINS passed some angry words on the route; that after reaching their destination the parties took several other drinks, attended a party, and subsequently Jack BIRD and Ben WIGGINS got into a quarrel in the road. Deceased was in the house intoxicated; upon hearing the fuss he got up and went out, and was met by Ben WIGGINS, who stabbed him in several places, and that he died shortly afterward from the effects of a gash in the throat. The evidence against Finn WIGGINS not being sufficient to convict him of being accessory to the murder, he was discharged. Upon the evidence the Justices found Ben WIGGINS guilty of murder, and committed him to jail to await his trial before Muscogee Superior Court. BLANDFORD & THORNTON, INGRAHAM & CRAWFORD and C. H. WILLIAMS for defense; G. E. THOMAS, acting Solicitor, for the State. [From the Columbus, Georgia, Daily Enquirer newspaper, Wednesday, 23 NOV 1870, p. 3, column 2, third article from top.] ==================== After remanding the prisoners to jail, the case of Ben WIGGINGS, charged with the murder of Wm. BIRD, was called, and the following special jury was empanneled from the regular juries and 24 talismen: A. INGMIRE, J. A. KIRVEN, Edward PACKER, W. O. BORDERS, F. M. LEONARD, W. H. ADAMS, James VERNOY, J. H. LeHATT, W. JEPSON and James McGOVERN. The whole of the morning was consumed in hearing witnesses. Jackson BIRD, having absconded, his testimony given in at the preliminary examination, was allowed read in behalf of the State. Other State witnesses, Dr. BACON, H. P. EDDY and A. A. COLE, testified to little calculated to implicate WIGGINS. The defense introduced seven witnesses as follows: Andrew DECKER, W. V. ROUNDS, Phin WIGGINS, Ann WIGGINS, Lizzie WIGGINS, and Jessee ALLEN. The testimony of these witnesses tended not so much to exculpate WIGGINS (the prisoner) as to implicate Jackson BIRD, who has fled from the State. Daniel KENNEDY said Jack told him that he committed the crime. Sheriff BRADFORD swore that Jackson BIRD confessed to him that he was so drunk he knew not who killed his brother. W. V. ROUNDS testified that Jackson BIRD told him that it was his (Jack's) fault that deceased was killed. Lizzie WIGGINS swore that Jack admitted to her that he knew who committed the murder, and acknowledged that he was the cause of it. Jesse ALLEN swore that Jackson BIRD said to him in a recent conversation that he was going to leave the State, that he did not intend to prosecute the case against WIGGINS, as he thought it a shame that an innocent man should be hung. At twelve o'clock the Court took a recess until half past two o'clock, at which hour the argument in the case was opened by Solicitor [Cary J.] THORNTON for the prosecution in a fifteen minutes' speech. He was followed by Mark BLANDFORD, Esq., in an able defense of the prisoner, of the same duration. Col. M[artin] J[enkins] CRAWFORD, for the defense, next made an able argument, in which the whole field of evidence was scanned, and the testimony of Jackson BIRD, upon which the State mainly relied, utterly rebutted. The argument occupied only two hours, and upon its conclusion Judge JOHNSON, in his usual clear, perspicuous manner, charged the jury upon the law points of the case, defining in turn murder, manslaughter, and justifiable homicide, and pointing out the manner in which the evidence was to be considered, and the weight which should be attached collectively or separately to witnesses. The jury retired at half past four o'clock, and in ten minutes returned the following verdict: ˜We the jury find the prisoner not guilty.' Thus has ended the most important case of this session. [From the Columbus, Georgia, Daily Enquirer newspaper, Saturday, 07 JAN 1871, p. 3, column 2, top.] =================== SUPERIOR COURT YESTERDAY.”The Jury returned a verdict of "not guilty’ in the case of Taylor JOHNSON (col.) tried Thursday. After the sentences had been pronounced on the persons convicted, the case of Ben. WIGGINS, charged with the murder of Wm. BYRD, was taken up. Solicitor [Cary J.] THORNTON and G. E. THOMAS, Esq., appeared for the State and prosecution, and INGRAM, CRAWFORD & CRAWFORD, BLANFORD & THORNTON, and C. H. WILLIAMS, Esq, for the defense. The entire morning was occupied in hearing witnesses. Their evidence was about what we published about a month since, on the preliminary investigation. At 12 ½ p.m. the Court took a recess until 3 p.m. In the afternoon speeches were made by Solicitor THORNTON and G. E. THOMAS, Esq., for the prosecution, and Hons. M. J. CRAWFORD and M. BLANFORD for the defense. The jury was out some five minutes, when they returned with a verdict of "not guilty. This morning the regular call of the criminal docket will be resumed. [From the Columbus, Georgia, Daily Sun newspaper, Saturday, 07 JAN 1871....PLEASE NOTE: two of the items previously posted, "Committed for Murder" and "Muder near the Columbus Factory," were errantly sourced as coming from the "Daily Enquirer;" these actually appeared in the "Daily Sun" - my apologies for the oversight. - jml]