TATTNALL COUNTY, GA -COURT Trial State vs James M. Boothe Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: June Edwards" Table of Contents page: http://www.usgwarchives.net/ga/tattnall.htm Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm Tattnall County Grand Jury October Term 1853 William Mann. Foreman 11. William Grice John H. Smith 12. David K. Collins William M. Eason 13. Eliphalet [?] F. Sharpe William H. Collins 14. McGilvery Overstreet Samuel Brewton 15. John W. Waters James Cowart 16. Alexander Stripling James T. Daniel 17. Simon Smith William Moore 18. Benjamin W. Griner William Cowart John Collins State Vs Mayhem James M. Boothe, True Bill William Mann Foreman Defendant arraigned and pleads not guilty. State Mayhem Vs James M. Boothe James A. Knight and Paul Redding [?] defendants bail in the above stated, can, having surrendered the said defendant in open court is [cannot read]. Transcribed just as written, all spelling is as shown on document. Brackets [ ] are those of the transcriber. State vs Mayhem James M. Boothe John M. Baker Prosecutor Testimony John M. Baker sworn James M. Baker [should read Boothe] Made an assault during the summer of 1853, Beat witness, Witness went into Mr. Anderson store. Called for some liquor and [unable to read] upon the counter, after drinking I came out and saw the defendant standing by the door side, asked him to go in and drink. Defendant said he would presently, Witness went back and drank again, witness got pretty groggy. Witness met defendant between the store and where they held court. Asked him (defendant) to go in and drink. Court was held not two hundred yards from the store. Defendant refused to drink I (witness) said to defendant, Mat, I hear bad tails about you. Defendant said What were they, witness answered “I hear you have stolen Danci’s [hard to read] money. Defendant said witness was a damned liar. Witness said he (defendant) was another, with that, Defendant jumped upon witness. Defendant got one finger in my eye and the thumb in my mouth as he had his (left) finger in witness eye, He (witness) caught defendant by the throat Defendant bussted the ball of witness eye. The eye hung out. We the separated. The finger in the eye and thumb in the mouth were of the same hand. Witness eye was put out thereby. It was in the County of Tattnall, State of Georgia, Witness does not know which of Defendants fingers was in his eye. Cross It happened in June, 1853 cannot say how many drinks he had taken before the difficulty, he had taken some drinks before he got there, was pretty drunk before he accosted defendant Witness did not follow him (def) up. Simply asked him to drink. (Def) had done nothing to witness. Witness had no animosity against Deft. Witness was drunk. Knows that defendant jumped on him first he was so drunk as not to know that defendant jumped on witness the finger went into the eye first the thumb then into the mouth Witness knows this by his (then) feelings. Witness does not know how long the finger was in the eye before the thumb was in the mouth. Did not bite very hard. Def could have got his finger out of his (witness) mouth had he tried. Witness went down first we then got side by side. Witness had defendant by the throat. Witness does not know how they lay when parted. Witness bit not very hard, Def could have got his thumb out. Witness does not generally bight when he fights. Witness is certain that Def saw his finger in witness eye before in his mouth does not know how much he drank. Def drew witness down, the gouging was done after they got down. Witness did not get on top as he knows. Finger was in eye about half a minute. John M. Baker reexamined Witness was groggy, but not so drunk as not to know what was going on. Wm. Waters sworn Witness was standing at the edge of new shop. Someone said yonder is going to be a fight was standing in Anderson’s shop. Saw Boothe pull off his coat and hat and lay them in the shed. Baker ( pros) stepped back and laid his cap in the edge of the shed as well as the witness could see, they (Prosecutor and defendant) [can’t read] together Witness then went closer to them they had a smart little twist to see which could get the other down, defendant threw Prosecutor and went on top of him. Witness saw Booth have his finger in Bakers eye. It looked as if he was busting it pretty bad. Booth’s thumb was in Bakers mouth, Baker was choking Booth. Some of the crowd ran up and parted them, someone said Baker your eye is out. The eye looked bad, it put it out. It was in the county about three years ago. Cross Booths thumb was in Bakers mouth. Booth appeared to be grappling with his finger, the one in Bakers eye. James H. Johnson sworn Did not see the commencement of the fight. When witness first saw them they went together clinched in a moment they fell, persons gathering around. Witness saw up close to them they were fighting. Saw the position in which they lay. Baker was lying on his left side with Booths thumb in his mouth. Booth was gouging Baker. Does not know with which finger. Baker had Booth by the throat at arms length. Paul Reddish said the water ran out of the eye, witness said past them the eye was put out. Cross The finger was bit bad Baker was choking him (Booth) State closed Testimony for the defense Paul Reddish sworn Witness standing in Mr. Andersons store saw Booth and Baker. Witness saw Booth attempt to get his thumb out of Bakers mouth, pulling again scratched Baker in the eye the thumb was bit bad, did not get well for a long time. Do not think Booth could have got his thumb out of Bakers mouth. Baker was choking Booth. Cross Saw the finger in the eye. Reexamined Sometimes Booth was trying to get his thumb out of Bakers mouth sometimes scratching him in the eye Strickland The first of the fights witness saw they were scuffling about like people in a wrestle. They fell. Booth rolled across Bakers breast, Booths thumb was in Bakers mouth, Booths fingers were scratching around, saw him (Booth) attempt to get his thumb out of Bakers mouth fetched a jerk or two, the thumb was badly bit. It was sore some time. Baker gave Booth the damned lie. They saw together. Strickland crossed Witness was before the door of Andersons store. Does not know whether he heard all that passed or not. They were some eight or ten steps from him. Charles Knight sworn Some two or three weeks before the fight, Baker was at my house, Booth passed, Baker did not see him. Baker said he wished he could have seen him, for the first time he met him, he would whip him. Examined and recorded March 16,1857 Josiah P. R. Sikes Clk Examined and approved 17 March 1857 William Harden David B. Smith John W. Todd Examining Committee James M. Boothe Vs Motion for New Trial State of Georgia The ground of this motion does not call in question the correctness of the charge of the court as to the Law one ground is that the verdict was contrary to the charge. In what respect contrary is not stated. I am therefore unable to say if the verdict is contrary to the charge. My opinion is that there was nothing in the charge to authorize or forbid the verdict so far as the Law was concerned. There was no question at the time between council or to what the Law was nor is there any question now as to the correctness of the charge in the Law. It was emphatically a question of fact and it is not disputed, the facts was fairly submitted to the jury, nor can it be disputed that there was evidence to sustain the verdict and the particular fact upon which the case turned and to which the prosecutor testified has not been contradicted by any witness, that fact is that the gouging preceded the biting of the thumb and even if there was contradictory testimony, it is the prosecutor province of the Jury to decide upon the reliability of witnesses. I submit to the Jury to find under the testimony whether the gouging was with the intent to relieve the biting or whether they have found against the prisoner and I am not [?] to interfere with findings. The motion for a new trial is refused. Oct 29th, 1856 William B. Fleming Judge E D Georgia State Vs Mayhem James M. Boothe It appearing that the defendant in the above stated case is in the custody of the Sheriff and fails to give bail in terms of the Law, it is ordered that the Sheriff of the County of Tattnall, together with a guard to be by him appointed, do take the said defendant to the common jail of the County of Liberty. That he there be confined until delivered by due course of Law. The Grand Jurors sworn, chosen and selected for the County of Tattnall beg leave to make the following presentments, we have examined the books of the clerk of the Superior and inferior courts and find them neat and correctly kept, also the books of the Ordinary and county treasurer and find them neat and correctly kept. We find them in the hands of the county treasurer One hundred forty four dollars and thirty[?] six cents. We have examined the elective returns and are happy to say that we find no fraudulent notes. We respectfully recommend the Justices for the Inferior Court to see here the public throughout the county are put in good order in totally [?] leave of his Honor Judge Holt, we tender to him our thanks for the courtesy extended to us during this term of the Court and the able and impartial manner in which he has presided and also to the Tattnall Superior Court met at Reidsville on Monday, the 16th of March 1857. Present his honor William B. Fleming, Judge E D Georgia The court then proceeded to business in usual manner. The following persons were set down to serve as Grand Jurors at the present term of the court. Viz: Redding Denmark Forman 13. James S. Stubbs Joseph B. Rogers 14. Joseph A Mattox Charles [I or J] Fletcher 15. William Harden John W. Todd 16. John Lynn Sen. Joseph [I or J] Betts 17. John G. Alexander Council Anderson 18. Charles W. McAle Phillip G. Tippins 19. George A. Durrence Joshua Grooves[?] 20. David B. Smith Robert Odum 21. Joseph Collins William Grice Michael M. Mattox Everett M. G. Stubbs James Surrency sworn as bailiff to mind the Grand Jury at the present term of the court.