Historical Document
Irwin County Grand Jury Notes from 1846
At this term of court the Grand Jury returned an indictment against Irwin Fitzgerald for the offense of selling spiritous liquors to a negro slave named Toney and other slaves. They also presented James Hall, Jr., with the offense of gambling with a slave named Joe, the property of Mark Mobley, at a game called seven-up or Negro Whisp. At the April term, 1846, the Grand Jury found a bill of indictment against James Hall for murder. He was charged with having killed Thomas Young, who was the father of Rev. Jacob Young, a Primitive Baptist minister; the grandfather of Thomas B. Young and Mrs. Rebecca Henderson and the great-grandfather of Hon. Joe H. Young, D. J. and M. T. Henderson, and the children of D. J. Henderson, Sr., as well as being related to many of the prominent people of the county. Mr. Hall also has many relatives in this and surrounding counties. On account of this being the first murder case in the county as well as the prominence of the parties involved, I shall give as complete history as possible. The following gentlemen composed the Grand Jury at the term of court the bill of indictment was returned, to wit: David Branch, Foreman; Thomas Tucker, Macaja Tucker, Issac Powell, William Tomberlin, Redding G. Durham, Allen Gibbs, David McCall, David Fitzgerald, Jehu Fletcher, Daniel M. Luke, Joseph Clements, Henry Paulk, L. Moore Henley, James Boykin, William Ratherford, Archible McMillan, John G. Roberts, James W. Smith, J. L. Durham, A. P. Clements, Thomas L. Wilcox, Jehu McCall. At December term, 1846, the following order was taken in said case: "It appearing to the court that there is no substantial jail in the Southern Circuit to which to commit the defendant and that the sheriff of Bibb County has refused to receive him into the jail of said county, it is ordered that said defendant be admitted to bail on his entering into recognizance with good and sufficient security in the sum of ten thousand dollars. This bond was later fixed at twelve thousand dollars. James J. Scarborough was Judge at the time the above order was granted." C. B. Cole and Hershell V. Johnson were attorneys for Hall. George Wilcox, Thomas L. Wilcox and Mark Wilcox were Hall's bondsmen. At September term, 1848, the defendant, James Hall, failed to appear at court and his bond was forfeited. He appeared in court at March term, 1849, and moved
to continue his case on the following grounds: "That James Hall, Sr., is a material witness and is absent, that he expects to prove by said witness that he
was present at the time Thomas Young was killed and that Young came to the house of defendant on the morning of the alleged murder and commenced abusing the
defendant and his wife and said that defendant's wife had been kept by her father. Witness told Young to go away for he did not wish to have any difficulty
with him and told him he understood he had come there to kill him. Young said he would not go away until he pleased and that he would abuse the defendant and his At this term of court he was committed to Bibb County jail for safe keeping, there being no safe jail nearer to commit him. This order was signed by James J. Scarborough, Judge. At April term, 1850, the following order was taken: "The defendant, James Hall, having been confined in common jail of Bibb County in consequence of there being no safe jail in this county and it appearing there is now a safe jail in the county of Irwin, it is ordered that he be committed to common jail of said .county to await his trial for the crime for which he stands charged." This order was signed by Augustus G. Hansel, Judge, April, 1850. From this record it appears that the first jail in Irwin County was built in the year 1850 or thirty years after the county was organized, which speaks well for the early settlers as being law abiding, peace-loving citizens. At April term, 1850, the defendant moved to continue his case for the reason he had just learned that Washington _______ stayed all night at the home of Young the night prior to the killing, that Young told him he intended to go to the house of Hall next day and that he would kill Hall or Hall should kill him. The next order in said case was taken at April term, 1855, which was a rule against James Hall, Sr., Emily Hall and John Larkey, as absent witnesses, requiring them to show cause at next term of court why they should not be attached for contempt. Signed, T. E. Love, Judge. The defendant Hall was finally tried at October term, 1855. The following gentlemen were selected as a jury to pass upon said case: After the case had been open, part of the witnesses sworn, the following order was taken: "Benjamin G. Glover, one of the jurors, having been taken very sick since he was sworn and being wholly unable to proceed with the trial, the defendant counsel proposed to counsel for prosecution to accept some one of the persons who had been rejected by the state. It was agreed to by both sides to take Irwin Davis instead of said Glover as a juror in said case." The evidence of William Pridgen and Joseph Hesters had already been taken and both of said witnesses being gone from the court that the written statement of their testimony be read and said case proceed regularly to trial. C. B. Cole, A. E. Cochran, John S. Winn, Solicitor-General, Iverson S.Harris, Sewerd & Hansel, state's attorneys; H. V. Johnson, defendant's attorney. George Williamson, Foreman. The sentence of the court was that defendant be remanded to common jail of Irwin County to be kept until demanded by guard from penitentiary and that he be confined in said penitentiary for a term of four years and that he pay all costs of prosecution. G. E. Love, Judge.
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