Proceedings from the Court Case of William E. Price; December 28, 1859

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Proceedings from the Court Case of William E. Price; December 28, 1859

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People

Bankston, Isaac Bedon, W. L.Blackburn, George T.Blanton, O. M.Bradly, Mile Brooks, E. F.Buck, R. S.Carson, A. B.Carson, Andrew Church, William B.Curry, G. L.Douglass, W. H.Ellis, John J.Finlay, John L.Fraser, Rob G.Haile, J. P.Holmer, L. A.James, Thomas Jelks, James M.Jones, Evan T.Kelly, J. M.Kirk, A. M.Lacey, John S.Lenrose, Unknown. F.Loomis, Samuel T.Marice, L. C.Masonhimer, W.McAllister, A. W., Sr.McDowell, E. P.McGaffey, E.McMeckind, John Meisner, Charles J.Melcher, H. H.Melcher, L. R.Merchant, Nelson Montgomery, W. P.Montgomery, Will Mosby, G. S.Nelson, J. S.Nelson, John H.Nelson, N. J.O'Hea, Rish A.Parbish, E. E.Pettus, John Jones, 1813-1867 Philipson, Thomas Powell, George P.Price, William E.Rowland, G. W.Shannon, John S.Smith, A. F.Stakes, John P.Sutton, Jay S.Sutton, R. C.Switzer, J. T.Talbertt, C. B.Tugman, M. B.Unknown, Willaim Vanmeter, James A.Wilkenson, Jefferson William, Haycraft A.Willis, A. W.Woodburb, John R.Woodfin, James

Events

Crime Crime--Assault and battery Crime--Libel and slander Crime--Murder Criminal Procedure--Indictments Military Events--Recruiting and enlistment Trial

Military Units

Confederate States of America. Army

Organizations and Businesses

Courts Courts--Circuit Courts Grand jury

Occupations

Clerks Laborers Lawyers Sheriffs

Places

Washington County (Miss.)

Vital Statistics

Death

Page 1

[seal] SOUTHWORTH Mfg. Co. 505 Minor St. Phila, [seal]

State of Mississippi
Washington County

S.S.

In the circuit court in and for the ^Said^ county of Washington at the November Term thereof, in the year of our Lord 1859.

The Grand Jurors of the State of Mississippi, taken from the body of the good and lawful men of the county aforesaid, duly elected, Sworn and charged at the term aforesaid, of the court aforesaid, to inquire in and for the body of the county aforesaid, in the name and by the authority of the ~~county aforesaid,~~ State of Mississippi, upon their oath present that W. E. Price late of the county aforesaid, laborer, on the 9^th day of November in the year of our Lord 1859, with force and arms at the county aforesaid to wit: In the county aforesaid, being a person of an envious, evil, and wicked mind, and of a most malicious disposition, and wickedly mal-iciously and unlawfully minding, contriving & intending, as much as in him lay, to injure oppress, agreive and vilify the good name, fame, credit and reputation of one Evan T. Jones, a good and lawful citizen of the said state of Mississippi, and to bring him into public Scan-dal, hatred, infamy and disgrace, on the 9^th day of November ^A.D^ 1859. at the county aforesaid to wit: in the county aforesaid. of his great hatred malice and ill will toward the said Evan T. Jones wickedly, maliciously and unlawfully, did speak, utter and publicly assert in the presence of

Indictment of W. E. Price

Page 2

one A. M. Kirk: a ~~citizen~~ certain false, Scandalous malicious and defamatory slander of, and concer-ning the said Evan T. Jones. containing the false Scandalous, malicious slander and defamatory words, and matter of and concerning the said Evan T. Jones to wit: that "he the said Evan T. Jones had beaten his wife nearly to death, and that his Father in passing along about that time found her in that condition, and took her to her fathers and she died three days afterward"—there and then meaning and intending by said assertion So Spoken and uttered in the presence of the said A. M Kirk as aforesaid—that he the said Evan T. Jones had killed and murdered his said wife, to the great damage, disgrace, Scandal and infamy of the said Evan T. Jones, contrary to the form of the statute in such case made and provided. and against the peace and dignity of the state of Mississippi.

R. S. Buck
Dist. Atty.

Bond for Defts appearance

Know all men by these presents that we William E. Price and A. W. McAllister. Sr. both of the county of Washington and State of Mississippi are held and firmly bound unto the state of Mississ-ippi, in the penal sum of Five hundred dollars the payment of which well and truly to be made we bind ourselves our heirs Executors and administrators jointly and severally. firmly by these presents sealed with our seal and dated this 28^th day of December A. D. 1859,

Page 3

[seal]

The condition of the above obligations are such that whereas there was issued on the 10^th day of December AD 1859 by the circuit clerk of Washington County and State of Mississippi a Bench Warrant directed to and commanding the sheriff of Washington County and State aforesaid to take the above found William E Price, and him safely keep so that the said sheriff have the said Price before the next circuit court of said county of Washington to be held at the Court House thereof on the second monday of may A. D. 1860 to answer the state of mississippi of a charge of slander. & the said Sheriff having Executed the said Bench Warrant as directed by the statute in such case made and provided.

Now if the said William E. Price shall be and appear at the court aforesaid to answer the State of Mississippi of the above charge from day to day and from term to term of said court and will not depart from hence until discharged by due course of law, then this obligation to be void and of no Effect, otherwise to remain in full force and virtue subscribed and acknowledged to be before me this Dec 28^th 1859

Geo T. Blackburn Shff
Washington Co. Miss
By A B Carson D. S.

W E Price [Seal]
A. W. McAllister [Seal]

215
State v W E Price

Indicted for slander.
This day came the district attorney

Page 4

who prosecutes for and on behalf of the State and the defendant being solemnly called on his recognizence came not but made default, and A W McAllister his cognizor being called to being with him the body of the defendant W^m E Price to answer the State of Mississippi on the Indictment herein came not but made default. It is therefore considered by the court that they, the said W^m. E Price & A W McAllister forfeit and pay to the state of mississippi the sum of five hundred dollars for the forfeit of their said recognizence and that Sci. fa. issue herein returnable to the next term of this court to said Price and A W McAllister to show cause &c.

State of Mississippi
Washington County

I William A Hay-craft clerk of the circuit court of said county do certify that the foregoing three pages and fourteen lines of this page contains a true and perfect copy of the Indictment against W E Price for slander in case no 215. the Bond for his appearance. and the forfeiture of his recognizence entered against him and A. W. McAllister his cognizor, entered at the November term A D 1861, of said court.

[seal] Given under my hand and official seal at office this 12^th day of March A D 1862

W. A. Haycraft. clk.

Page 5

To His Excellency John J. Pettus Governor of the State of Mississippi.

The undersigned petitioners would respectfully state to your excellency, that William E Price, was indicted in the Circuit Court of Washington County. for Slander under the statute, and A W McAllister Sr. became security for his appe-arance. ~~They~~ They further state that said Price since Said indictment, has enlisted, and is now a soldier in the Confederate Army. Which prevented, and still prevents his appear-ance in said court to stand his trial on said indictment. They further state that at the last term of said court of forfeiture was taken against the said Price and A W McAll-ister his surety, all of which appears by the record attached to this petition. They therefore petition your excellency to permit said forfeiture as far as it was taken against the said McAllister.

A W McAllister
A F Smith
W A Haycraft clk
Jefferson Wilkenson
L. C. Marice
Thos James?
A B Carson shff
John. P Stakes
R. C. Sutton
Rob^t G Fraser
George P. Powell
John H. Nelson
Isaac Bankston
W^m B. Church
John S Lacey
N J Nelson

Page 6

Saml T Loomis
<h3>Meisner, Charles J.</h3> " ref="#S25020906">CH J Meisner
<h3>Switzer, J. T.</h3> " ref="#S25020907">J T Switzer
<h3>Ellis, John J.</h3> " ref="#S25020908">John J Ellis
<h3>Blanton, O. M.</h3> " ref="#S52444">O M Blanton
<h3>Douglass, W. H.</h3> " ref="#S25020909">W H Douglass
<h3>Willis, A. W.</h3> " ref="#S25020910">A. W. Willis
<h3>Melcher, L. R.</h3> " ref="#S25020911">L R Melcher
<h3>Rowland, G. W.</h3> " ref="#S25020243">G W Rowland
<h3>Melcher, H. H.</h3> " ref="#S25020245">H H Melcher
<h3>Parbish, E. E.</h3> " ref="#S25020912">E. E. Parbish
<h3>Philipson, Thomas</h3> " ref="#S25020913">Th Philipson
<h3>Blackburn, George T.</h3> " ref="#S52393">Geo T. Blackburn
<h3>Bradly, Mile</h3> " ref="#S25017721">Mile Bradly
<h3>Talbertt, C. B.</h3> " ref="#S25020246">C B Talbertt
<h3>Mosby, G. S.</h3> " ref="#S25020914">G. S. Mosby
<h3>Vanmeter, James A.</h3> " ref="#S25020915">Jas A Vanmeter
<h3>Lenrose, Unknown. F.</h3> " ref="#S25020916">? F Lenrose
<h3>Curry, G. L.</h3> " ref="#S25017726">G L Curry
<h3>Nelson, J. S.</h3> " ref="#S52459">J S Nelson
<h3>McGaffey, E.</h3> " ref="#S25020248">E M^cGaffey
<h3>Haile, J. P.</h3> " ref="#S25017728">J. P Haile
<h3>Bedon, W. L.</h3> " ref="#S52462">W L Bedon
<h3>Masonhimer, W.</h3> " ref="#S25020917">W Masonhimer
<h3>Merchant, Nelson</h3> " ref="#S25020249">Nelson Merhant
<h3>McMeckind, John</h3> " ref="#S25020918">John M^cMeckind.
<h3>O'Hea, Rish A.</h3> " ref="#S25017732">Rish A. O'Hea
<h3>Holmer, L. A.</h3> " ref="#S25020919">L. A Holmer
<h3>Woodfin, James</h3> " ref="#S25020920">James Woodfin
<h3>Finlay, John L.</h3> " ref="#S25020276">Jn^o L. Finlay
<h3>Woodburb, John R.</h3> " ref="#S25020921">John R. Woodburn
<h3>Sutton, Jay S.</h3> " ref="#S25017737">Jay S. Sutton

W. P. Montgomery
Will Montgomery
John S. Shannon
E P M^cDowell
J M Kelly
W^m Unknown
Jas M Jelks
M. B. Tugman
E. F. Brooks
Andrew Carson