Botetourt Co. VA Indictment of James Markham for Murder of Nicholas Williams, & his acquittal. 1811-1812 From: Karen Marcum Brandon ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/ *********************************************************************** Merry Christmas to all. As promised for months now, here is the information from the Court Minutes books of Botetourt County, Virginia concerning the indictment and acquittal of James (E.?) Markham for the murder of Nicholas Williams. 1811 and 1812. Exact dates will be given when in the original document. (I had these pages photocopied myself directly from the unindexed original court minute books from which I was reading) Alas, the parrish name is not given, but rather a blank is left open to insert it later, and no one ever did. On Page 97, the word I cannot read is not "case" as might be expected. The word "case" appears clearly a bit later and is shaped entirely differently. This word looks more like "four" or "sser", with the old fashioned looped double ss. I'll figure it out eventually by looking at the surrounding documents, but don't want to hold this posting up for lack of that one word, after promising this for so long ! ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Page 89 Edward Mitchell Foreman, Edward McDonald, Elisha Betts, Elijah McClanahan Joseph Cloyd(Clayd?-KTB) Jacob Cook Henry Starr, Elisha Lackland James Rowland George Poage, John Gilleland John Pitzer, Senr. Jacob Reid George Pitzer Archibald McClung John Galbreath Samuel McFerran & George Sharky (or Sharkey? - writing is overwritten - KTB) were sworn a Grand Jury of inquest for the body of the County, and having received their charge withdrew to consult of their presentments, & afterwards return'd & prefer(ed?-KTB) a Bill of an Indictment against William Crush for Murder a true Bill. ~ A Bill of Indictment against James Markham for Murder, a true Bill ~ -a Presentment against Mark Evans of the County of Botetourt for unlawful gaming at the Big Lick in Botetourt County a place of entertainment and public resort where James Eckolds lately resided in the county aforesaid...... (etc- KTB) (there follow several indictments for unlawful gaming at Big Lick - KTB) Page 94 James Markham late of the County of Botetourt, Labourer appeared in Court according to the condition of his recognizance entered into before the court of Bote-tourt County and the Grand Jury having found an Indictment against him for the Murder of Nicholas Williams a true bill, he is therefore remanded to Jail. Page 95 Tuesday the 7th Day of April 1812 The Court met agreable to adjournment, Present the Same Judge as on yesterday James Markham late of the parish of in the County of Botetourt Labourer who stands indicted of Murder was led to the bar in custody of the keeper of the Jail of this County, and thereof arraigned, and pleaded not Guilty to the indictment, and for his trial put himself upon God and the Country; whereupon came a Jury, to wit, Moses McConnel, Hugh Allen, John Sharkey, Benjamin Bilbro(?-KTB), George Delong, George Thrasher, Robert Ritchey, Matthew Mays, James Bilbro (?-KTB-these could be Bilbo) , Jacob Cook, Daniel Kisler and John Douglas, who being elected tried & sworn, the truth of & upon the premises to speak, and (the word"upon" is stricken-KTB ) having heard the evidence, ( the words " upon their oath do say" are stricken - KTB) retired from the bar to consider of their verdict. - Philip Perry who was summoned to appear here this day as a venireman for the trial of James Markham for Murder was this day solemnly called but came not; Therefore It is considered by the Court that for his Sd. Page 96 contempt he make his fine with his Excellency James Barbour Esqr Governor of or Chief Magistrate of this Commonwealth & his Successors by the payment of Six dollars to the use of the said Commonwealth, unless Sufficient Cause of his inability to attend be shown to this or the next Court. Ordrd (KTB Note - the Clerk used a fancy abbreviation here as well as elsewhere in these pages) that this Court be Adjourned till to Morrow 9 oclock. James Allen (KTB - with fancy flourish beneath) Page 97 James Markham labourer who stands Indicted of Murder was again led to the bar in custody of the Jailor, and the Jury sworn yesterday to try the (?____) made up; between the Commonwealth & the said James Markham, this day returned into Court, & upon their Oath do say, that the said James Markham is not Guilty of the murder aforesaid as in pleading he hath alledged; & thereupon proclamation being made as the manner is, and nothing further appearing or being alledged against him, It is considered by the Court that the said James Markham be acquitted and discharged of the Murder aforesaid, But from the circumstances attending the case It is Ordered that the said James Markham find sufficient security to be bound himself in the sum of Six hundred dollars this security in the like sum, for his being of good behavior & keeping the peace towards all the good Citizens of this Commonwealth for two years from this date, and that he remain in the custody of the Jailor, until this order is complied with. Whereupon the Said James Markham with James Boyd his security severally acknowledged themselves indebted to his Excellency James Barbour esqr. Governor or Chief Magistrate of this Commonwealth in the Sum of Six hundred dollars each of their respective Goods & Chattles, Lands & Tenements to be levied and to the said Governor & his successors rendered: Yet upon this condition, that if the said James Markham shall be of good behaviour & keep the peace towards all the good citizens of this Commonwealth for two years from this date, then this Recognizance to be void otherwise to remain in full force and virtue. ~~~ KTB Notes: It's a good thing they didn't hang him. A lot of us wouldn't be here ! Although this doesn't specify James E. Markham, I believe I can prove this James is he. I have searched diligently for newspaper accounts of the murder, but there don't seem to be any still extant. Does anyone have a family legend about this incident? James S. Markham, James E.'s son, from whom so many of us on this list descend, was born in Bedford in 1814, James E. apparently having taken refuge in the next county over after appearing on the 1810 Botetourt census and having his narrow escape in 1812. This is backed up by his having been referred to in the Court Minutes as "late of this county". Cross referencing to the early tax lists of the two counties will reflect this movement also. My mother insists that if we refer to James' indictment for murder, we must also mention his ACQUITTAL.