Jones County NcArchives .....Sheriff Colgrove Murder & Deposition of Henry Haswell ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Cathy Blow rblow55@gmail.com NEW BERNE TIMES New Bern, NC 20-June-1869 Sunday Examination of Henry Haswell in the case of the murder of Sheriff Colgrove of Jones County Henry Haswell is a man about 35 years of age, dark complexion, with chin whiskers and low forehead. He is not what would be called a vicious looking man, though he appears to be a man who might be easily influenced by others. He was brought to court by the Sheriff shortly after 10 o’clock yesterday and placed in the prisoners’ box together with Gatlin Gilbert, the colored man who was employed with Mr. Haswell at the time the murder was committed. Lawyers Hughes, Manly and Haughton appeared for the prisoner and R.E. Lehman, Esq. for the prosecution. Soon after 10o’clock the court room was nearly filled with spectators and about 101/2o’clock Judge Thomas arrived and took his seat. The petition of Haswell and Gatlin claiming they were unjustly confined in jail and disclaiming any implication in the Colgrove murder was read by Mr. Hughes. Mr. Lehman read the papers on which Sheriff Dennison held the prisoners in custody. Mr. Haughton asked for the discharge of Gilbert’s case as no writ had been returned or complaint made. The prisoner was therefore discharged from custody. Mr. Haughton said the counsel for the prisoner intended to traverse the returns. Mr. Lehman made motion that the witnesses in the case be removed from the courtroom, and the list on both sides returned to the Sheriff. Mr. Lehman on the part of the State stated to the court that he would examine the witnesses to ascertain shether the prisoner could be admitted to bail. Mr. Shepard, Justice of the Peace of Jones County being sworn was examined by Mr. Lehman. He stated that Gatlin was not examined, but was committed as a witness. The court ordered him to be discharged. John S. Andrews was called. Question by Mr. Lehman. – He stated that he lived in Jones County and was coroner at the time of Sheriff Orson R. Colgrove was murdered in May. Held an inquest over the body at the residence of the murdered man. He swore the juries according to law, and examined Amos Jones as a witness in the case in the presence of the jurors, and before he took the deposition, Amos Jones was dead. The witness died the next morning. His state and condition when he was examined was perfectly rational. Had received seven shots. Examined two o’clock in the evening before he died. He swore to the signatures of the jurors and himself. He returned the inquest and examination to Mr. Haughton. Stated he summoned the jury and others not necessary. Mr. D. D. Colgrove wished other men there and about three were changed. Judge says it makes no difference if the men were summoned by the coroner. Mr. Lehman read the inquest. This paper charged Haswell and others with the murder of Sheriff Colgrove. Amos Jones deposition was read – which is as follows: STATE OF NORTH CAROLINA JONES COUNTY The examination of Amos Jones of Jones County, North Carolina, taken before me John S. Andrews, coroner of the county aforesaid this the 29th day of May A.D. 1869, at the house of O.R. Colgrove in the county aforesaid, upon the body of O.R. olgrove then and there lying dead to wit: the said Amos Jones maketh oath that of the 20th day of May A.D. 1869 that Henry Haswell stepped out in the public road and shot the said O.R. Colgrove, the Sheriff of the county aforesaid. I was about 20 yards behind him and my horse wheeled and came very near throwing me, there were about 8 or 9 guns fired off at once and after the Sheriff was killed they then shot me several times and I further state that know this man Haswell and have for the past 2 year and after I left I heard 5 or 6 more guns fired off supposed were at the Sheriff. Sworn to before me the day and year above written. John S. Andrews Coroner (seal) Cross examined by Mr. Haughton: Jones was examined at O.R. Colgrove’s kitchen nearly a mile from whre the murder was committed. Was lying down in pain, not particularly alarmed. Nothing said about dying. Went to examine him because he was with the Sheriff at the time and the only. The deposition was written by John C. Shipp, a juror. Went to see Jones before Colgrove’s body was examined. Questioned by Mr. Lehman – The deposition was read to the jury in the presence of the witness in a small room. His old master asked him if he knew him and he said he did. Questioned by Judge Thomas – The jury heard the questions and asked some, but it was not read after it was written down. One of the jurors wrote it. Jones was in pain at the time asked him to tell who shot the Sheriff and said he was under oath, Mr. Heath asked him (Amos) do you know me? He said I do, and gave his name. Did not see him again, not bleeding much at the time. After taking the deposition he simply said I am very bad off. Spoke loud enough to hear him all over the room and also spoke as loud afterwards. M. Haughton called Nancy Haswell – who was swore and deposed as follows: I am the mother of Haswell. Know the day on which Mr. Colgrove was murdered. Was at son’s house on a visit. He got up and went to his business and I went to milk, when I got back, he had got through breakfast and his wife said she wanted some hens killed. He shot twice and killed three. Went to his blacksmith’s shop a few moments, then went on to plowing. Ploughed till dinner with Gilbert. He went out with a horse and plow, after he killed the chickens, at the time the sun was not out of the trees, not an hour high. After killing the chickens he put the gun up. Heard the gunfire when Colgrove was killed. Firing was about ten o’clock. I could se my son a portion of the time while he was ploughing the first part of the day. He came in at dinner time when the horn was blown. He did not come back before and his gun remained in the house. Ervin was in the field but don’t know whether he was with his father or not. Cross examined by Mr. Lehman: I don’t know where Colgrove was shot, but heard the gun between eight and nine o’clock I think. Came the 13th February on a visit. Mr. Bragg lives at the same house. Have breakfast about sunrise. Had chicken for dinner and two for Sunday dinner. Willis Erving and him a negro boy all in the same field part of the time, the field about half a mile from the house, where working the ploughs together in the morning one of the boys came by the and said some men were fighting up the road. Saw my son go in the house and go out without it. He and Gatlin together unless Gatlin got a little a ahead when he stopped to get the chickens, saw them together before they got to the field. Examined by Mr. Hughes: My son and Gatlin went to the field together. My son did a few minutes work in the blacksmith shop, and Gatlin was at the stable, did not see him to the stable but saw him afterwards, they ploughed side by side. Questioned by Judge Thomas: Don’t know the day of the month, it was Saturday. Sun had got halfway up the trees when they had breakfast, there is a s?atter of trees on the same side, don’t know by the clock what time it was. I did not eat when Henry and his wife did but saw them get up from the table. Did not see him kill the chickens but he was not gone but a moment. I was at the milk house straining the milk, saw him go in the house with a gun and come out without it, and went to the blacksmiths’ shop to his plough, after going to stable for his horse. Saw them together going and after they got to the field. It was not an hour after breakfast when they were ploughing. The did not get out of my sight till a very few minutes before the guns commenced firing. The men at work in the field were at the North and the firing at the East of the house. Did not see anymore till dinner, when they came to dinner Mr. Haswell did not say anything aabout the firing, if he did I don’t recollect what it was. It made me feel furious to hear the guns but I did not speak of it. He shaved himself and after dinner the dark soldiers came and took him. Gilbert was sitting on the bench. My son’s gun is a double barrel gun. Don’t know how far the house is from the road. Reckon it is a mile and a half. Willis J. Haswell son of the prison was called, sworn and examined by Mr. Hughes. He was 12 years old. I am Henry Haswell’s son. I saw my father go to feed the horses, then eat breakfast and killed three chickens about 150 yards away. Saw him kill them. Shot the two barrels and then the single. Shot the two others and then put up his gun. Went to the shop and put a rock in the forge. Stayed about half an hour then went to ploughing. I went to the field. Boy Jim, brother Sady and Gatlin Gilbert were there. It was early. They stayed to 7 or 8 o’clock and went to the other field. I heard the firing. Father and Gatlin were ploughing at the time. I was going to the house for water. Got it went back and went to hoeing. They were ploughing all the time and went to the house at the time he did. I was there when the soldiers came to arrest father and said he was the man who dilled Colgrove. Said he shot him with buck shot. Father had nothing larger than squired shot. Crossed examined by Mr. Lehman: I got up at daybreak or little after. Father got up a little before day. The chickens were shot just back of the stable. Had one for dinner. The second field was half a mile away out of sight. Father went to the second field about 7 or 8 o’clock. I went to field a little first with the boy Jim and Willis Gatling came directly after I did alone. Father came in nearly a quarter hour after Gatlin came. Had his horse as did Gatlin. Gather went to the house with a gun and I went to the field. The firing was out about the road. I told at the house to grandma that I heard firing. Father was in another field at the time. Father came to dinner first but we caught up with him. Father always kept the gun loaded, but did not load it again before he put it away. Questioned by Judge Thomas: I have been in the public road. There is a cart path to it. It is about a mile away. The field is nearer to the road than the house. The second field is a quarter of a mile further from the road. I was about midway of the field where the gun shot and saw fater. It was about a quarter or half a mile. Charles and Gatlin were with him at the time. I looked over when the guns fired and then looked and saw father. They did not hear the guns, at dinner, they sid they did not hear the guns fired. He said it out at kitchen door and father said he did not hear them. Gilbert Gatlin was called, sworn and examined by Mr. Hughes. I was at work for Mr. Haswell. I remember the day Mr. Colgrove was killed. I got up from breakfast, Mr. Haswell took his gun in the field and I went to ploughing. He came when I had ploughed about three or four rows. We went in another field. I don’t know what he did with his gun. Heard him talking about some chickens. Had breakfast about an hour by the sun. The rows I ploughed were a little over 100 yards long. Would take 5 minutes to go through it, took about an hour and a half hour to plough three rows then Mr. Haswell came. He came to me in the field about sun a hour high, we finished that piece then went to another, went away from public road, The fields were nearly 300 yards apart. We ploughed in the field till the lhorn blew. Mr. Haswell did not leave me till noon. We ploughed in the first field 10 – 12 or 13 rows. Had no gun that I saw. Did not hear the firing Jenkins came for a scooter and went to the house for it. Cross examined by Mr. Lehman: The two boys and I went to the field together. Willis and Jim and I went together. I was a little ahead and alone. Had breakfast and got to the field the sun half an hour high; went to the field right after breakfast. I went one way and Mr. Haswell toward the Trent Road through the field. He had a gun double barreled. We parted at stable. He had nothing but the gun. I had got to the other side of field by the pines when I saw him last going toward the road – it was 2-3 miles from the house where Colgrove was killed. Haswell got to the field between 7 and 8 o’clock. Half a mile from house to the field, ploughed 3 or 4 rows I think. The amount I ploughed would be about one half the width of the courtroom. We worked in first field about half and hour. Then went to the other, about 900 yards away, branch, between the fields, could not see between the fields. A little black boy Jim told me at dinner of the firing. I was sitting up the shelter and he said did you hear a pistol fire? I said no there was not. When he went to shave he told me how Mr. Colgrove was killed. He said Mr. Colgrove was killed and Amos Jones was wounded badly. I said if Jones was not killed he can tell who dilled Colgrove. Haswell said nothing. Mr. Bragg works with Mr. Haswell was not ther that day. I saw Mr. Bragg the early part of the week. By Judge Thomas: -- I saw Mr. Bragg at the Trenton. I had breakfast at Mr. Haswell’s out in the yard. Mr. Haswell got done eating before I did. He came out of the house and had nothing. Went to the big house. He came out with his gun a double barrel gun. Saw no pistol or belt. He went right on. Went toward the field in the cart path. He went through a field towards the public road. I last saw him in the field with his gun. Did not hear him fire. Nobody told me what to answer in court. Saw no chickens and did not hear a gun fire. Mr. Haswell passed me going toward the field and I went on in the field in about 10 minutes. Had been ploughing about half an hour before Mr. Haswell came. Mr. Haswell did not speak to me much in the afternoon. He was washing and fixing to shave and the men came. They came directly after we got done talking, shot a dog, search the house and told us we had got to go to Trenton. Told me I had to go too. Mr. Haswell asked them what did they mean. Did not hear him say anything more. The men said “Where is Mr. Bragg, and when did he leave here?” Mr. Haswell and I went together to Colgrove’s place and Mr. Haswell said he kid not know what they wanted of him. I said the same about myself. When we were ploughing a man came and borrowed a scooter. Had been working at Mr. Scott’s. When he came he spoke to Mr.Haswell . He said “where is the scooter?” Mr Haswell said at the house and he could have it. Questioned by Mr. Hughes: (fold in paper could not read) …the house and after that, Mr. Haswell told me Mr. Colgrove was killed. Hear Mr. Haswell say Miss McDaniel said that Colgrove was dead Willis was recalled and questioned by Mr. Hughes: Miss Mcdaniel said Mr. Colgrove was killed and Jones was wounded; said Bill bunch came from Trenton and told he news. AT THE TIME THE BOARD ADJORNED TILL 31/2 O’CLOCK P.M. AFTERNOON SESSION James Merrett a boy was called, sworn and question by Mr. Hughes, and testified that he lived with Mr. Haswell and remembered the day Mr. Colgrove was killed. Mr. Haswell fed the horses and sent me to replant corn. After breakfast I got more seed corn. Was called back by Mr. Haswell; he took gun, double barrel gun and shot three chickens. Gatlin was ploughing and Willis was hoeing. Mr. Haswell came. Went to the other field with Gatlin and I saw no more of him till dinner. Cross questioned by Mr. Lehman: I live with Mr. Haswell. Remember the murder of Mr. Colgrove on Saturday morning between 7 and 8 o’clock. Know the place where the murder was committed. In about a quarter of a mile from Mr. Haswell’s house and about half a mile from Mr. Colgrove’s and about two and a half miles from Mr. Colgrove’s house to Trenton. Had breakfast at sunup, 5 o’clock. Went to field alone. Gilbert Gatlin and William Erwin were there. It was about 51/2 o’clock. The firing was between 6 and 7 o’clock. Heard nine shots. Went right after each other. Gatlin and Haswell were in the other field. When I left the house Mr. Haswell was there, killing chickens. Carried them to the house. I went to the field and left Mr. Haswell at the house. Mr. Haswell came at nearly 6 o’clock. Gatlin had ploughed 4 rows one hundred yards long. Came to dinner with the rest. Willis and Erwin told them first that guns had been fired, and then I told them and them made light of it. Nobody there at dinner. While they were eating dinner Haswell came out and said : “Colgrove is shot dead and Jones is near about dead.” Miss McDaniel came in just before. Questioned by Judge Thomas: We got up by daylight, Mr. Haswell called me, saw nobody about the lot; Mr. Jenkins came and borrowed the cotton opener, Mr. Scott lives on the left hand side from Trenton; Mr. Haswell lives on the same side but further from the road; Mr. Scott’s is between Trenton and Colgrove’s. Mr. Scott is about half a mile before you turn to go to Mr. Haswell’s and his house is a quarter of a mile further’ it is a quarter of a mile from Mr. Scott’s to Mr. Colgrove’s; Mr. Colgrove lived on right hand side from Trenton; coming from Haswell’s to the public road you go below Colgrove’s; you turn off a quarter of a mile before you get to Mr. Scott’s to go to Haswell’s; Mr. Colgrove was killed about a quarter of a mile beyond Scott’s and near the path which turns up to Haswell’s; Haswell’s house is about a quarter of a mile from the road. I saw him shoot the chickens in the new ground and brought the chickens back and I went away. I had been up half an hour when Haswell shot the chickens; when the guns fired Haswell and Gilbert had gone to the other field, had been gone half and hour when the guns fire; don’t know if they were in the field or the woods when the guns fired. It was about a quarter mile from where I was to where Colgrove was killed Joseph R. Jenkins was called and examined by Mr. Hughes” I know where Mr. Colgrove was killed. Mr. Scott, Mr. Willis and brother were planting and Mr. Scott sent me to the house; when I came back with it Mr. Haswell had started for another field; in five or ten minutes the firing took place’ think there were 15 or 20 shots fired; Haswell could not have got to the place where the shooting took place fore the firing took place; saw Haswell fifteen or twenty minutes after the firing took place; he was ploughing; it took two or three hours to plow to what was done in the first lot; Haswell was in the field before I went out to work in the morning; it was one an a half mile from where Mr. Haswell was ploughing to the place where the murder was committed; Mr. Haswell’s house is a mile from where Colgrove was killed. Crossed questioned by Mr. Lehman: I work for Scott with my two brothers; Mr. Scott’s house is next to Mr. Haswell’s; Mr. Colgrove lives a little more than three miles from Trenton; I was a little more than a mile at work from where Mr. Colgrove was shot and it was about one and a half miles from Mr. Haswell’s house to the place the murders was committed. Questioned by Judge Thomas: I was planting rice for Mr. Scott; the firing took place after I got back to the field; I saw nobody but Mr. Haswell and his help that morning; it was about half a mile from Scott’s house; Scott’s house is 100 yards from the road. I was a mile from the road. Being crossed questioned he said: I mean I was a mile from where Colgrove was killed. I did not see Mr. Bragg that day; did not go to Trenton that day. Being asked by Judge Thomas “have you ever taken and oath not to disclose anything to injure another man?” He answered “ I don’t know what you mean” but after and explanation by Mr. manly answered “No” Mr. Scott was called and questioned by Mr. Hughes: I remember the day Colgrove was shot; my farm joins Haswell’s; I sent Jenkins for the opener and after using it a while heard the report of thirty or so guns; thought the soldiers were cleaning out their guns, went to the house within the hour and heard that Colgrove was shot; and went up to the spot; did not see Haswell but heard him in the lot; a man could go from Haswell’s lot to mine in five minutes; I was at work about five or ten minutes before I heard the guns; a man would have to be ablaze{?} to go fast to get to the road in that length of time; heard Haswell ploughing twenty minutes before I heard the firing. Cross questioned by Mr. Lehman I was sowing rice that day. We finished it in an hour. Was there when the guns fired. (fold/can’t read) one half mile from my house. My patch of land was 250 or 300 yards from his. My house is half a mile from lot. The firing was between 8 and 9 o’clock. I live on the right hand side of the road coming from Colgrove’s. It is about a mile from Haswell’s house to Colgrove’s house and more than a mile to where (illegible). My wife said Colgrove is killed, I hear. I stayed with the Sheriff’s body that night. The ground where Colgrove was (illegible) pretty thick place, and in back it is burnt out. The bushes are close to the road. Questioned by Judge Thomas: Jones was at work for Colgrove; was then; had worked for all of us; he was a carpenter; don’t know as I sever saw Haswell at Colgrove’s house, did not know but they were friends; Haswell is a good man, a hard working man; came from up the country to Jones; don’t know if he is any relation of Bragg’s; all came together and bought the land; did not see Bragg that day; have not suspicion of any body; did not suppose he was shot till I found out the circumstances; there have been no steps taken by the citizens to have murderers arrested, think it belongs to the authorities’ don’t think there is anybody in our county that would resist and officer, but some hard cases come over there. Questioned by Mr. Hughes: Haswell is as good as a man could be; never knew him to have an enemy; is a church member; very industrious, has a wife and family; lost his buildings sine he was arrested. Amos Jones was a straight forward man, have had him around me and he was an upright good man. Questioned by Judge Thomas: Haswell is a good man; think him a Christian and a Baptist; he does his cooking Saturdays, is the reason I think him a Christian. Andrew Grady called by Hughes; I was at the poor house on Colgrove’s land; heard David Colgrove say is my brother shot/ He said I don’t know, I heard the guns fire before I was shot; saw somebody I thought was Mr. Haswell, D.D. Colgrove asked him if one was Mr. Bragg, Amos Jones said I don’t know but one looked like Mr. Haswell. Lizzie Bryan called, sworn and examined by Mr. Hughes: I live at Mr. Haswell’s as cook. I saw Mr. Haswell go out in the corn patch and kill three chickens and I cooked one for dinner, and two for Sunday; Haswell then went to the field. Crossed questioned by Mr. Lehman: I live with the Haswell; I did not show the chickens to Godfrey Becton; he did not ask me; he told me to show him the feathers, I told him no sire I will show you the chickens in the pot; I know Mr. Bragg; I have not seen him since the Tuesday morning before the murder; am not married and have no children never had any. Did you ever swear a child on anybody. Yes I have, I did say I had a child. I think it is a half a mile from Mr. Haswell’s house to the road; it is a cart path one towards the road to Trenton and one towards Mr. Colgroves; I got up before sunrise Saturday morning Mr. Haswell has two or three guns. I don’t know which. Mr. Lehman called Mr. Shepard: I know Amos Jones, have known him for two years, have know him for two years; saw him with Mr. Haswell at Mr. Colgrove’s mill; they know each other. I was the Justice of the Peace, I do not know a citizen who has refused to obey the laws; have seen Haswell and Colgrove together I never hear Mr. Haswell of Colgrove. Mr. Lehman called John Robinson: I saw Mr. Colgrove right after he was killed. I took Amos Jones home; I was the first man who saw him; I asked him what was the matter; he said was shot; I asked him if he saw the men, he said he saw two or three men and one was Henry Haswell, I asked him again, after I got him home and he said one of the men was Henry Haswell. Cross examined by Mr. Haughton: I asked him who it was shot, and he said Mr. Haswell, I asked him what Haswell, he said Henry Haswell; Mr. Colgrove’s body was 100 yards distant from where Jones was then, Mr. Haswell stepped out in the road and shot. He said he saw him; I put him in a cart on some bags of corn; he told me again when I got home; Melinda White and the colored folks were about there’ he seemed to be weak but had good sense; I live at Mr. Wilkie’s; I said “who was it who shot” Questioned by Mr. Lehman: I met him on the road and he was shot, I asked him who it was that shot, and he said one of them was Henry Hasell’ I went to help carry Mr. Colgrove home. Questioned by Judge Thomas: I was going to the mill for Mr. Wilkie, Bob Morris was with me; the road leads to the public road near Mr. Scott’s gate’ heard ten or twelve guns fire; Amos Jones said he saw three person shoot and one was Henry Haswell. Mr. Lehman called Silas Taylor: I was at Mr. Colgrove’s house when Mr. Colgrove went away; I found Amos Jones in a cart, as I was going on he called me by my name, he said Taylor I am mighty bad off. I asked him if he saw anybody who shot him he said no but I saw three who shot the Sheriff. I asked him if he knew any of them, he said one was Henry Haswell. Cross questioned by Mr. Haughton: I started out to see about the sheriff with a youngster and met Amos on the cart he said I am bad off. I asked him if he saw anybody who shot him, he said no, but saw the ones who shot the sheriff, and one was Henry Haswell. Who was the first one who fired; hew saw the sheriff shot and his (Jones) mare turned, and he was shot in the back. Questioned by Judge Thomas: I did not see where he was shot. Mr. Lehman called Dr. Hart. I am a physician in Jones county I saw Amos Jones the day he was shot at Mr. Colgrove’s he was shot in the left should, arm and back, the one in the shoulder was a mortal wound and I told Mr. D.D. Colgrove he could not live more than 12 to 18 hours, his arm was broken in two places, he was perfectly rational, he seemed to be fully conscious of this state. Crossed examined by Mr. Haughton: Appeared to have been shot from behind. Questioned by Judge Thomas: He was shot from the right side of the road coming down to Trenton, he was killed -------------------------------can’t read because of fold--------------him was behind towards the left shoulder; seemed to be rational, asked him no question in regard to who --------can’t read---. Questioned by Mr. Manly: I did not go out to see the binds set up by the road, but saw from the road three places arranged, some sweet gum, some briers and one thick parcel o bushes growing by a tree, they must have squatted down behind one, and the others were high enough to stand erect. Questioned by Judge Thomas: I have known Mr. Haswell since 1866. I moved here in 1860. His general character is good, know of no trouble between him and Mr. Colgrove, do not know whether he belonged to any association or banded men in that county. Mr. Manly called Jacob Scott: I think Mr. Haswell has an interest in the land he lives on, think his land is worth $1,500 and has six or seven children, is a hard working man, makes shoes in the night and works in the day in winter time. Mr. McDaniel was called by Mr. Manly: The land is subject to a mortgage and the mortgage is yet not paid, Mr. Haswell and Mr. Bragg have three horses and a few cows; I hauled the things in a two horse wagon and the family are at my house. In view of the preceding evidence, the Judge required Mr. Haswell to give bonds in the sum of $3000. For his appearance at the next term of the Superior Court, and he offered Messrs T. McDaniel who justified to that amount, and Mr. Haswell is now at liberty.