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 Example Problems

Practice Problems

Bibliography

Chapter 8 Hematology Laboratory

Rule of Three

Red Blood Cell Indices

Correction of the WBC Count for Nucleated RBCs

Cell Counting by the Hemacytometer Method

Body Fluids

Reticulocyte Count

Osmotic Fragility

International Normalized Ratio

Example Problems

Practice Problems

Bibliography

Chapter 9 Immunohematology Laboratory

Calculations Associated with the Medical Effects of Transfusion Services

Rh Incompatibility

Monitoring Pregnant Patients for Hemolytic Disease of the Fetus and Newborn (HDFN) Using Antibody
Titration

Screening for Probable Compatible Units

Example Problems

Practice Problems

Bibliography

Chapter 10 Microbiology Laboratory

Colony Counts
 Antimicrobial Susceptibility Testing

Example Problems

Practice Problems

Bibliography

Appendix 10-A Macrotube Broths

Appendix 10-B Preparing a 0.5 McFarland Standard

Chapter 11 Molecular Diagnostics Laboratory

Common Units of Measurements Used in the Clinical Molecular Laboratory

Conversions Commonly Performed in a Clinical Molecular Laboratory

Absorbance to Concentration Calculations

Example Problems

Practice Problems

Molecular Biology Resources

Chapter 12 Quality Assurance in the Clinical Laboratory: Basic Statistical

Concepts
Mean

Median

Mode

Gaussian Distribution

Accuracy Versus Precision

Variance

Standard Deviation

Probabilities Associated with Standard Deviation

Establishing Standard Deviation Limits, Standard Deviation Intervals, or Confidence Intervals

Coefficient of Variation

Example Problems

Practice Problems
 Bibliography

Chapter 13 Quality Assurance and Quality Control in the Clinical Laboratory

Basic Quality Assurance Concepts

Quality Control Assessment

Westgard Multirules

Example Problems

Practice Problems

Bibliography

Appendix 13–A Regulatory Considerations

Chapter 14 Comprehensive Laboratory Quality Assurance

CLIA Requirements for Comprehensive Laboratory Quality Assurance for Nonwaived Methods

Determination of the Diagnostic Value of a Method

CLIA Requirements for Instrument/Method Quality Assurance

Determination of Reportable Range or Linearity of a Method

Verification of Reference Intervals

Proficiency Testing

Example Problems

Practice Problems

Bibliography

Appendix 14-A

Appendix 14-B CLIA '88 Criteria for Acceptable Performance

Appendix 14-C

Greek Alphabet Appendix

Math Terms Glossary

Answer Key
Answers to Chapter 1 Practice Problems

Answers to Chapter 2 Practice Problems

Answers to Chapter 3 Practice Problems

Answers to Chapter 4 Practice Problems

Answers to Chapter 5 Practice Problems

Answers to Chapter 6 Practice Problems

Answers to Chapter 7 Practice Problems

Answers to Chapter 8 Practice Problems

Answers to Chapter 9 Practice Problems

Answers to Chapter 10 Practice Problems

Answers to Chapter 11 Practice Problems

Answers to Chapter 12 Practice Problems

Answers to Chapter 13 Practice Problems

Answers to Chapter 14 Practice Problems

Index
Copyright

3251 Riverport Lane

St. Louis, Missouri 63043

MATHEMATICS FOR THE CLINICAL LABORATORY, THIRD

EDITION ISBN: 978-0-323-33996-4

Copyright © 2016 by Elsevier, Inc. All rights reserved.

No part of this publication may be reproduced or transmitted in any form or

by any means, electronic or mechanical, including photocopying, recording,
or any information storage and retrieval system, without permission in
writing from the publisher. Details on how to seek permission, further
information about the Publisher's permissions policies and our
arrangements with organizations such as the Copyright Clearance Center
and the Copyright Licensing Agency, can be found at our website:
www.elsevier.com/permissions.

This book and the individual contributions contained in it are protected

under copyright by the Publisher (other than as may be noted herein).

Notices
Knowledge and best practice in this field are constantly changing. As new
research and experience broaden our understanding, changes in research
methods, professional practices, or medical treatment may become necessary.
Practitioners and researchers must always rely on their own experience and
knowledge in evaluating and using any information, methods, compounds,
or experiments described herein. In using such information or methods they
should be mindful of their own safety and the safety of others, including
parties for whom they have a professional responsibility.
With respect to any drug or pharmaceutical products identified, readers are
advised to check the most current information provided (i) on procedures
featured or (ii) by the manufacturer of each product to be administered, to
verify the recommended dose or formula, the method and duration of
administration, and contraindications. It is the responsibility of practitioners,
relying on their own experience and knowledge of their patients, to make
diagnoses, to determine dosages and the best treatment for each individual
patient, and to take all appropriate safety precautions.
To the fullest extent of the law, neither the Publisher nor the authors,
contributors, or editors, assume any liability for any injury and/or damage to
persons or property as a matter of products liability, negligence or otherwise,
or from any use or operation of any methods, products, instructions, or ideas
contained in the material herein.

Previous editions copyrighted 2011, 1997.

Library of Congress Cataloging-in-Publication Data

Doucette, Lorraine J., author.

Mathematics for the clinical laboratory / Lorraine J. Doucette.—Third
edition.
p. ; cm.
Includes bibliographical references and index.
ISBN 978-0-323-33996-4 (pbk. : alk. paper)
I. Title.
[DNLM: 1. Clinical Laboratory Techniques. 2. Mathematics. 3. Quality
Control. QT 35]
RB38.3
616.07'50151–dc23

2015016844

Executive Content Strategist: Kellie White

Content Development Manager: Jean Sims Fornango
Publishing Services Manager: Jeff Patterson
Senior Project Manager: Tracey Schriefer
Design Direction: Julia Dummitt

Printed in Canada

Last digit is the print number: 9 8 7 6 5 4 3 2 1

Reviewers
Mary Ruth Beckham MEd, MT(ASCP)
Director, Program in Clinical Laboratory Science
Baylor, Scott & White Health
Temple, Texas

Mary Coleman MS, MLS(ASCP)CM, SH(ASCP)CM, CG(ASCP)CM

Assistant Professor
Department of Medical Laboratory Science
University of North Dakota
Grand Forks, North Dakota

Katherine Davis MS, MT(ASCP), CLS

CLS Program Director, Assistant Professor
Loma Linda University—School of Allied Health Professions
Loma Linda, California

Marcella Fickbohm MS, MT(ASCP)

Medical Laboratory Technology Program Coordinator
Manhattan Area Technical College
Manhattan, Kansas

Shawn Marie Froelich MS, MLS(ASCP)

Clinical Coordinator, Assistant Professor
Allen College—UnityPoint Health
Waterloo, Iowa

Virginia Haynes MS, MLS(ASCP)

MLT Program Director
Lake Superior College
Duluth, Minnesota

Susan A.K. Higgins MS, MT(ASCP)SC

Program Director, Clinical Laboratory Sciences
Indian Hills Community College
Ottumwa, Iowa
Rory Huschka MEd, MT(ASCP)
Associate Professor
DeVry University
Phoenix, Arizona

Amy R. Kapanka MS, MT(ASCP)SC

MLT Program Director
Hawkeye Community College
Waterloo, Iowa

Gretchen L. Miller MS, MT(ASCP)

MLT Program Director
Eastern Florida State College
Cocoa, Florida

Angela Njoku MS, MT(ASCP)

Program Director and Associate Professor
Clinical Laboratory Technology
St. Louis Community College
St. Louis, Missouri

Pamela Primrose PhD, MT (ASCP)

MLT Program Chair, Professor Life Sciences
Ivy Tech Community College
South Bend, Indiana

Shannon A. Skena MHS, MLS(ASCP)

Program Director MLT and Phlebotomy
Delgado Community College
New Orleans, Louisiana

Teresa M. Wolfe PhD, MT(ASCP)

Assistant Professor
Department of Clinical Laboratory Sciences
Oregon Institute of Technology
Wilsonville, Oregon
Preface
Mathematics has a reputation as a subject that is difficult to understand and
utilize. This perception may lead students to avoid careers that rely on
mathematics even if they enjoy science in general. That is unfortunate,
because solving mathematical problems should not be a barrier to a career
choice.
Students who do not feel comfortable with math may struggle with the
math that is associated with the clinical laboratory. This book is written with
those students in mind. It will also benefit the student who is comfortable
with math, the laboratory professional who may need some review of math
concepts, and the staff in physician's office laboratories (POLs) or clinics who
may not have been formally taught any laboratory math.
Organization
Content is divided into three sections, beginning with a review of math and
calculation basics, followed by coverage of particular areas of the clinical
laboratory (including immunohematology and microbiology), and ending
with statistical calculations.
Readers who are already proficient in basic mathematics may want to
review the introductory chapters quickly and then proceed to the chapters
focusing on clinical laboratory skills.
Distinctive Features of this Book
Readers will find recurring margin notes indicating and of important
information. These margin notes guide the reader through the process of
identifying in which situation each formula should be used and how to
correctly analyze the outcome.
Readers will also notice that the answer for each problem is marked in
boldface to aid in following the steps used in calculating the unknown. When
appropriate, the unknown value to be determined will be noted as a bold-
faced X. As the calculation proceeds step by step, the boldface will be used to
highlight the progress of the calculation.
Examples of calculations for each type of math concept are worked out in a
step-by-step manner. A substantial set of practice problems are included in
each chapter.
New Features Include:
• A full-color design with a more accessible look and feel.
• Topical margin notes that indicate and , linking each math concept
with its implementation.
• The topics of molarity and normality, and calculations associated with
solutions combined into one chapter for a more cohesive presentation.
• A glossary with definitions of important mathematical terms.
• A Greek symbol appendix for quick reference.

Evolve Resources
https://evolve.elsevier.com/doucette

For Students:

• Additional examples

• Practice problems

• Answers to practice problems

For Instructors:

• Test bank

• Quiz bank

• PowerPoint slides for each chapter

• Image collection
Note to the Student
Congratulations on deciding to become a valuable member of the health care
team as a clinical laboratory professional! Enjoy the sense of accomplishment
that will come with learning and performing the math that is essential for
accurate and precise laboratory results. Remember, this book will be a
valuable resource and companion well into your career.
Welcome to the profession of clinical laboratory science!
Acknowledgements
I would like to thank my family and friends, especially my sons Steven and
Kenneth, and my dear friend Anis (Andy) Tannier, PhD, for providing love
and support while this book was being written. I would like to thank
laboratory professionals in general for their hard work and dedication to
their profession. Special thanks to Betty Ciesla, Glenn Flodstrom,
Christopher Harmon, and Debbie Snowberger for their technical assistance
and encouragement.
I would also like to thank my colleagues, both past and present, at Anne
Arundel Community College for their support and encouragement, and the
chapter reviewers who provided me with valuable feedback, including Linda
Ray from the MLS program at the University of North Dakota for her
assistance with Chapters 6 and 11. I especially want to thank Mary Coleman
from the MLS program at the University of North Dakota for her eye for
detail, knowledge of significant figures, and her ability to catch errors before
they went into print. And last but not least, I would like to thank Jean Sims
Fornango, Tracey Schriefer, and Kellie White at Elsevier for helping to make
this third edition a reality.
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Red Breek, and the Bilbos and McArthurs are to range from Pearl
River to Pascagoula; and,” said they, “your party can range from
Mobile to Pascagoula, and you can pass horses or negroes from
Georgia to Florida on this route through to Louisiana, without
discovery, and so from Louisiana in the same way.” I then told
Wages and McGrath both, that I was still afraid of their new
acquisition. I then proposed to them to remove our money from
Hamilton’s Creek, and place it somewhere near where Wages was
going to settle. I made this proposition because I believed that this
counterfeiting business would be the means of getting us into
trouble, and that we could procure our money more easily from that
vicinity than we could where it was.
I had then arrived at the age of majority and began to have a
more reflecting mind, and I never did have any reliance or
confidence in that money arrangement. Wages then informed me
that he was engaged to marry Allen Brown’s daughter, but did not
know what time; it might be a year before he did so. “McGrath,” said
he, “is now married, and will move to Honey Island shortly; I shall
be engaged in preparing our shop and arranging the materials, and
making preparations for the settlement of my home.”
They then told me that Niel McIntosh, would also be one of our
clan, and that he would travel to and from Mobile to our other
places, as a spy, and look out for us. They left the next day for
Mississippi, and I saw nothing more of either of them for over twelve
months. Niel McIntosh made several trips over and back, and always
had plenty of their money, but I was always afraid of it. He passed a
considerable amount in the vicinity of Mobile, and made something
by it.
John Harden brought three or four fine horses, one, he said, from
Florida and the others from Georgia; I advanced him the money and
passed them on to Wages, who sold them for me. S. Harden made
two trips to the vicinity of Mobile that year, one from North Alabama,
and one from western North Carolina: The first trip he brought two
good horses and a likely negro boy. I assisted him to sell the horses
near Fort Stoddart, for a fine price, to some men going to Texas. I
then furnished him two ponies and sent McIntosh to pilot him
through to Wages, who paid him for his negro and sent him to
Pearlington, where he again embarked for Tennessee, by way of
New Orleans.
About four months afterwards Harden returned again. He had two
splendid horses, fine traveling equipage, and a likely mulatto girl
about sixteen years old, dressed in boys clothes, traveling with him
as his waiter. He said he had traveled through Georgia and Eastern
Alabama to Blakely, and crossed the Bay over to Mobile, and came
out to our place. He told us he feared no pursuit; that he had
traveled too far, that there was no danger. I assisted him in selling
the two horses, in Mobile, and saw them often afterwards. They
were fine buggy horses. The girl he sold to a man in Mobile, who
kept her as a wife, and she now passes for free. He had stolen her
from a rich old widow lady in North Carolina, who had sent the girl
on an errand, on a Saturday morning, some twenty-five miles on the
same fine horse, to return on Sunday evening, and she never did
return.
In these two trips of Harden’s he gave me five hundred dollars for
my assistance. I then assisted him to steal a very fine horse on the
Tombigbee River, for which he gave me fifty dollars more, and left
for Tennessee. This had pretty well consumed the fall of 1845.
In December, Wages came home to his father’s; sent for me; told
me that he was going to get married shortly, and invited me to his
wedding; I promised him I would go if my business did not prevent
me; but it so turned out that he did marry a short time after, and I
was not present. After his marriage, he brought his wife to see his
father and mother, and spent some weeks with them. He had with
him plenty of counterfeit coin, and wanted me to take some and
pass for him. That I refused to do, and I then advised him that it
would be better for us all to let that alone; and then reminded him
that when there was none but him, McGrath and I together, that we
could get along to better advantage, do a more profitable business
and had a wider field to operate in. But he seemed to think that they
could manage to get along; and I found from his conversation that
old Allen Brown had got control of him, and I said no more on the
subject. I told him frankly that their money I would have nothing to
do with; but in other matters of stealing and selling horses, negroes
and cattle, I would take a hand as heretofore, to which he assented,
and here we dropped the subject for the present. I again urged
upon him the removal of our money. I dreaded an outbreak, for I
then believed that old Brown would blow the whole matter; and sure
enough he afterwards did.
So Wages and his wife left, and went back to Mississippi, to old
Brown, and he went to work building his house on Catahoula, in
Hancock County. He got it completed; moved into it; took his horse;
came again to Mobile; procured his father’s two horse wagon to haul
some articles for house-keeping from Mobile, and on his way back I
went with him, the first night, and we camped near where our
money was buried. We went and got the three kegs; placed them in
the bottom of his wagon, covered them with hay and placed the
balance of his load on them. He hauled them out to Hancock county,
and deposited them in Catahoula Swamp, about a mile and a half or
two miles from his house, and designated the place by a large pine
tree that grew at the margin of the swamp, to the north-east, and
about thirty-five yards from where the kegs were deposited, and a
magnolia tree that grew about ten yards to the south-west. He gave
me a diagram of the place, the courses, and distances which he had
measured accurately, marked in lines and explained in our mystic
key. That paper I somehow lost in the famous Harvey battle.
So it was Wages left and went to his place. Now he and his crowd
were for themselves, and me and my crowd for ourselves. My crowd
consisted of myself, and four brothers, Josh Walters, Jef. Baker and
old McIntosh, our outside striker, to run stolen horses or a negro,
when required. Our range was from Mobile to Pascagoula, and from
the Sea Coast to St. Stephen’s. We fed ourselves and families upon
pork, beef and mutton, in abundance, and we sold enough in the
market to pay us from fifty to one hundred dollars per month—
sometimes ready butchered and sometimes on foot, during the
summer and fall season. Those we sold the meat of, we generally
stole in the vicinity of Mobile. Old man Wages had a farm on Big
Creek Swamp, about twenty-five miles from Mobile, in rather an
obscure place. That was our place of resort and deposit, and many a
stolen beef and horse has been concealed there until we could
dispose of them.
We continued that business during 1845, 1846, and until the
summer of 1847. We had stolen a small drove of cattle out near
Chickasahay, and in driving them we gathered a few head near
Mobile, belonging to old Moses Copeland. We sold the cattle to Bedo
Baptiste, who paid my brother Henry and I for them. We claimed
them; Whinn, or Isham and John helped to drive, but received none
of the money. My brothers Henry and John, and Isham or Whinn,
were arrested and tried. Henry was convicted of the larceny and
served two years in the penitentiary of Alabama. Whinn and John
were acquitted; I took to the bushes. They did not catch me that
hunt, and I lay in the woods and was concealed among my clan the
balance of that summer, most of the time at old Wages’, on Big
Creek, waiting for Gale Wages to come so as to make a settlement
with him, and to close my business and leave the country.
The time passed on slowly. I stopped all further operations until I
could hear from Wages and McGrath, and, lo! some time late in the
fall up rolled Wages and old Brown, and sure enough old Brown, as I
had anticipated and expected, had blown the whole concern. He had
gone into the little town of Gainesville and passed a few dollars of
their money for some small articles of trade, where the old fool
might have known he would be detected; and sure enough he was.
Now the next step was for him to get out of the difficulty, and when
asked where he got the money, he said “from Bilbos.” They were
arrested and brought up, and he swore it on to them, and they had
to give bail to answer the charge of passing counterfeit money.
Bilbos then swore vengeance against Brown and Wages, who had
pulled up stakes and were leaving Hancock county, and Mississippi,
too. The Bilbos pursued them, and passed them some way; turned
back, and the parties met suddenly on a small hill. While one party
ascended on one side the other party ascended on the other side,
and both parties were within a few paces of each other at first view.
Wages had the advantage of them; he had his double barrel gun
well loaded and fresh caps on; Bilbos had their rifles well loaded and
fresh primed, but they had a rag over the powder in the pan to keep
it dry. These rags they had to remove before they could fire. Wages
immediately fired and killed one of them dead, and then fired at the
other before he could get ready to shoot and broke his thigh. From
some cause Bilbo’s horse got scared and threw him to the ground,
and he immediately begged for his life. At first sight of the Bilbos old
Brown ran, so Wages said.
Now it was that Wages and Brown both had to make their escape
the best way they could. They came to Mobile, and there they were
on the scout, as well as myself. McGrath was so well identified with
them that he was watched very closely about Gainesville. He got into
some corn stealing scrape, and broke into Hancock jail, and nothing
but the gold or silver key ever turned him out. He and Wages
happened to have a little of that, and he and his wife then left
Honey Island, and were at Daniel Smith’s, on Black creek, in Perry
county. So it was Brown and Wages managed to get their families,
and McGrath and his wife back into the vicinity of Mobile some time
in November, 1847.
Wages and McGrath had very near got through with all their
money. McGrath, in particular, had none, only as he borrowed.
Wages had some, but had spent a large amount in feeding and
clothing old Brown and his gang. Wages and his wife remained on
Big creek at the old man’s place, and I the greater part of the time
with him. Brown and McGrath moved down on Dog river, near Stage
Stand, pretending to burn coal and cut wood to sell, but they were
in fact stealing, for they had nothing to eat and but little money.
Brown had sold his possessions in Perry county to Harvey, and had
received all his pay but forty dollars. He had represented his land to
be saved or entered land, when it was public land, and Harvey
refused to pay the forty dollar note, and that same pitiful note, and
Brown’s rascality and falsehood cost Wages and McGrath their lives,
and Harvey and Pool their lives, and have placed me where I am.
Wages and I while on Big creek held a consultation as to our
future course. Wages then sorely repented any connection that he
ever had with old Brown, “and,” said he, “I intend to get away from
him, for I am fearful the old fool will get drunk and tell everything he
does know.” We then concluded our best way was for Wages to take
his horse and cart, take old Niel McIntosh with him, and his wife and
child, and start west and travel in the vicinity of Pearl river; there
leave his wife; take the cart and horse and he and McIntosh to travel
down Pearl river till they came opposite Catahoula; then turn in and
get our money, and cross the Mississippi river; send McIntosh back
to let McGrath and I know where to find him, and for us to slip off
and go slyly, and not let Brown know where we were going, “and,”
said Wages, “if I can manage to rob old Tom Sumrall on my route
and make a raise, so much the better. And you and your crowd may
manage to make a raise here before you leave.”

BURNING OF ELI MAFFITT’S HOUSE, AND ATTEMPTED MURDER OF

HIS WIFE.

The same day Wages and I were consulting thus, my brother John
Copeland came to bring me some clothes, and he informed me that
it was reported that old Eli Maffitt held a large amount of money,
and that there was a project on foot to rob him and burn his house
the first good opportunity; that Maffitt had taken a contract to build
a bridge in Perry county, and would shortly leave home, and that Eli
Myrick was to let the party know what time Maffitt commenced the
bridge and would be absent from home. I then told Wages what was
on foot. He then said “let me leave home about three days before,
and I will try on the some night to rob old Sumrall and burn his
house.” In a few days Myrick came down and told us that Maffitt was
up in Perry county, and would not be home in two weeks. Wages
immediately geared up, and started with his cart, his wife and
McIntosh. Three nights after that Allen Brown, McGrath, John
Copeland and I went to Maffitt’s just after dark, about seven o’clock,
on the night of the 15th of December, 1847. Eli Myrick did not go
with us, because he said Mrs. Maffitt would know him too well, but
he was in the secret and shared his part of the money.
On getting near, we stopped to consult as to the safest way to get
the money. Some were for robbing the house and not injuring any of
the family. That I opposed, for I never believed in leaving any living
witness behind to tell what I had done, if there was any way to
prevent it. I always thought that two persons were enough to keep a
secret, and it was safest if one of them were dead, for dead
witnesses give no evidence. It was agreed that we should go into
the house and demand the money, and if given up, to leave the
inmates peaceably and unharmed.
John and I went in with a very stern look, thinking we could
frighten the old lady, and make her give up every dollar that was in
the house. But we were as sternly and peremptorily refused. The old
lady said that she knew nothing about the money, and if she did,
that we would not get it; we then told her that we had come after
money and that money we would have before we left that house, or
her life; and she still bravely defied us. John Copeland had in his
hand a large hickory stick and I had another. Perceiving that she was
determined, and our only chance to get the money was to kill her,
while the old lady and I were quarreling about the money, I gave my
brother John the wink, and he struck her a blow on the head which
felled her to the floor. He repeated the blows, and I hit her several
blows. We were then certain that we had killed her. We then
commenced plundering the house, in search of the money; and we
ransacked the whole house from top to bottom, but the amount we
did find was small. I do not remember the precise amount we got,
but it did not exceed two hundred dollars, and to our great
displeasure we afterwards found out, that there was a large amount
of gold and silver in the house at the time, that we did not find.
 After we had plundered the house to our satisfaction, of all the
money we could find, and each one of us had his load of the most
valuable articles about, we set the house on fire and burnt
everything up, together as we thought with Mrs. Maffitt who we
thought was dead, and we left with a full conviction in our own
minds that she would be burnt in the house. When I afterwards
learned that she was not dead, I often wondered at her providential
escape.
The gold and silver we had overlooked, was all melted, and I
understood that Maffitt afterwards took it to Mobile and disposed of
it.
Wages, in his adventure, was not so successful as we were. On
the same night, he and McIntosh camped near Tallahala, not far
from old Sumrall’s and in the vicinity of Bryant Barlow’s. Barlow
happened to pass their camp early in the night and discovered
Wages. He raised a company and got after Wages, themselves and
dogs, and Wages had to leave and take the woods for home again.
McIntosh and Wages’ wife turned back for Mobile on the Big Creek
place, where they all landed about five days after. There we were all
in the vicinity of Mobile again; Wages had made a water haul and we
had done worse. Wages was laying out, Brown and myself were in
the same situation. It became necessary for Wages, McGrath and I
to hold a private consultation, relative to our future operations, and
to devise some plan to get rid of old Brown. We could see no way to
do that, unless it would be to lie to him and frighten him to leave,
which we did. Our next plan was to manage to get our money from
Catahoula, and deposit it about the Bay of St. Louis, near the sea
coast, where we could get it on a boat. Wages and McGrath were to
attend to that matter, and I was to assist Brown over the Mississippi.
So Wages went to Brown and told him that there was a reward for
both of them, and said he, “I am going to leave, and you had better
do the same, for Maffitt has a crowd now on the look out for us.”
Brown had but little money. He then enjoined it upon Wages to take
Harvey’s note and give him the money for it. Said he, “if he won’t
pay the note you and McGrath kill the d——d rascal.” So saying,
Wages gave him the money for the note, and loaned him sixty
dollars more, and then told Brown that James Copeland would go
with him and assist his family to travel, while he, Brown, could
dodge before and behind. So the matter was understood, and in a
few nights Brown rolled off and crossed Dog River at Ward’s bridge,
where Wages, McGrath and I joined him; I took charge of the teams
and family, and Brown took his rifle and to the woods, mostly in the
daytime. We did not want for fresh meat; Wages and McGrath left
for Catahoula by way of Harvey’s, and crossed at Fairley’s; we
crossed at Robert’s and old Green court house, and up Black Creek,
on by Columbia, Holmesville and so on to the mouth of Red River.
After crossing the Mississippi, I loaned old Brown twenty-five dollars
more, bid him good-by and returned to the vicinity of Mobile. I was
gone over four weeks.

WAGES AND M’GRATH KILLED BY HARVEY.

On my way back I learned at Black Creek, of the death of Wages

and McGrath. They had got into some difficulty with Harvey about
the forty dollar note, and he shot and killed them both. This news
sounded in my ears like thunder; and so astounded was I that I lost
for the time all my senses. However, after a little reflection, I began
to think over my situation, and a thousand thoughts hurled through
my brain. Almost instantly, it seemed that every crime I had ever
committed in my life was then pictured before my eyes and the
awful consequences attending them. The object, for which I
committed them, was money; and it was now doubtful whether I
should ever obtain that, or not. Upon further reflection, I recollected
that Wages had given me a diagram or map of the place where our,
now my money was hidden, and a direction of the course so that I
certainly could find it. Stimulated with the idea of being worth thirty
thousand dollars, I began to cheer up and returned home.
 REWARD OF ONE THOUSAND DOLLARS OFFERED FOR HARVEY’S
SCALP.

The first thing was to procure my map or diagram, which I did. I

found all my friends grieving. The first word asked me by old man
Wages and the old lady was: “What are you going to do, James? Are
you not going to seek vengeance on that Harvey?” Both then said to
me, “James we will give you one thousand dollars for Harvey’s scalp,
if you will kill the rascal or have it done.” I then told them I would
see some of my friends, and let them know in a short time.
A short time after that I received a notice to attend a meeting of
the clan, at our Wigwam in the city, on a certain night. So I
disguised myself and went into the city and attended, and in that
meeting I met several officers of the city, such as constables, deputy
sheriff, etc., who all told me not to be afraid; that there would be no
exertion to arrest me. There were a number of resolutions passed
commemorative of the demise of our departed friends and brothers
Gale H. Wages and Charles McGrath. After the adoption of these
resolutions, I then raised the question before the meeting as to the
propriety of taking up with old Wages’ offer; and after explaining
that offer to the meeting, it was unanimously approved; and I was
nominated to head and lead the band on that expedition, with power
to select as many, and just such men of our clan as I thought
necessary. So I selected Jackson Pool, Sam. Stoughton, John
Copeland and Thomas Copeland. I selected them because they were
good woodsmen, and I knew that Pool and Stoughton were brave.
After I had made the selection, I called them all together and we
held a consultation. It was agreed that we would go and make the
trial on Harvey; but that we must have five hundred dollars from old
Wages in advance. I went to old Wages, and told him what was our
conclusion. He hesitated at first, and offered to give us security that
the money should be paid when we had done the job; I told him,
“no! it was a dangerous undertaking, and we must be paid
something to start with.” Finally, after consulting with his wife, he
agreed to give us the five hundred dollars. Our only business then
was to prepare ourselves with the best of double-barrel guns and
pistols and bowie knives, with plenty of ammunition and percussion
caps of the best quality, and thus armed and equipped we were
ready for our journey.
Now I had a two fold object in view; that was, to go on to
Catahoula, and search for my money, and for that purpose I took
with me my diagram or map. The old man forked over the five
hundred dollars, and we made ready for the start.
On Sunday morning the 8th day of July, 1848, we all set out from
Wages’ place on Big Creek, where we had assembled for that
purpose. We had not traveled far before Thomas Copeland was
taken sick and turned back, at Dog River. We then traveled on by
Fairley’s ferry, the O’Neal settlement and by James Batson’s to
Harvey’s place. We traveled leisurely and camped out every night.
We did not stop at any house after we left Pascagoula, and we
reached Harvey’s place early in the day on the Saturday following. I
was well acquainted with the place for I had been there with Wages
and McGrath when Allen Brown lived there.
We found the house empty, but from appearances we judged that
the farm was cultivated. We saw signs of foot steps about the house
and yard, from which we inferred that Harvey was in the habit of
coming about there daily. Our next business was to prepare for
action. We went into the house and made many port holes on every
side, so that we could shoot Harvey, let him approach which ever
side he would. Our next business was to examine around the
premises for his path, and place a sentinel there in ambush for his
arrival. This sentinel was cautiously relieved every two or three
hours, whilst the balance of us remained close inside or about the
house, eating figs, peaches and water melons and destroying more
than we eat.
In the afternoon we began to get hungry; I proposed to the
balance to go over to Daniel Brown’s, about a mile and get some
bread and meat for us all. Pool and Stoughton objected, and said,
“there is plenty of green corn in the field; let us make a fire and
roast some of the ears and eat here.” I then objected, and told them
that if Harvey discovered a smoke in the house he would take the
hint, and give the alarm, and that we should have the whole of Black
and Red Creek down upon us. They still persisted, and Stoughton
went into the field, gathered about twenty ears of the best and
greenest corn and brought them into the house. Pool went out and
brought in a load of wood and made a large fire and they roasted
their corn.
That was precisely what betrayed us—the smoke issuing from the
chimney of the house.
After the corn was roasted, we all eat heartily; John Copeland was
on guard; Pool took his place, and John came in and eat. A little
before sunset it was Stoughton’s time to relieve Pool. My brother
John proposed to Stoughton to let him relieve Pool, and for
Stoughton to take the next watch around the house. So it was
agreed, and Pool came to the house.

PRESENTIMENT OF POOL’S DEATH.

Awhile after sunset, Stoughton, Pool and I were sitting on the

gallery, talking very low, about the way we should have to manage.
We were fearful Harvey was not at home, or had left the country.
Some of us were eating figs and some eating peaches. All of a
sudden our attention was arrested by a large white fowl, which
passed through the yard some fifteen or twenty yards from us. It
was a kind of fowl that I had never seen before, nor had either of
my comrades, as they asserted. It walked some ten or fifteen yards;
we rose to get a more minute view, and it took flight and ascended,
until we lost sight of it in the distance. This seemed to strike Pool
with terror and amazement, and he reflected a few minutes and
said, “Boys, I shall be a dead man before to-morrow night! That is
an omen of my death!”
Stoughton laughed and said to Pool, that if he was a dead man he
would make a very noisy corpse; but Pool still insisted that it was a
signal of his death, and urged hard that we should leave that place,
and retire to one more secluded. “I did wrong,” said he, “in making
fire in the house.” We tried to laugh him out of his predictions, but
all to no purpose; and sure enough, as he had conjectured, before
the next night he was a corpse.
 The Famous Harvey Battle.—[See page 103.

Just before dark, Stoughton went to where brother John was

stationed, and they both remained until after dark; they then came
up to the house, and Stoughton mounted guard. All this time Pool
appeared to be in a deep study and had nothing to say, appeared
dejected and low spirited. We all laid down, except Stoughton, to try
to sleep; I could see Pool and John; they could not sleep. The moon
rose two or three hours before day, and I got into a doze several
times and each time the most huge serpents would be after me, that
I ever beheld. This would waken me, and finally I got up and walked
about; I found Pool was up. Stoughton said he could not sleep, and
brother John got up and said he could not sleep. We then consulted
together and Pool was for leaving the place before day. Stoughton
objected, and said, “Let’s wait until eight or nine o’clock in the
morning; after Harvey gets his breakfast he may come to the
orchard for fruit. If he does not come by this time, we may leave.”
Daylight made its appearance not long after that, and shortly after
the sun rose, and poor Pool said after the sun had risen above the
horizon: “How beautiful the sun looks this morning; the sky looks so
pure, clear and serene!” Poor fellow! It was the last sun that he ever
beheld encircling this earth.

THE FAMOUS HARVEY BATTLE.

The time passed on until between eight or nine o’clock. We were

all out in the yard, eating figs and peaches; John Copeland all at
once cried out: “Boys, there comes a young army of Black Creek
men!” We all dodged into the house. Pool seized his gun, and says,
“boys take your guns!” I said to him, “they will not trouble us; they
are a company out hunting, and are coming in here for figs and
water melons and other fruit; they are not in pursuit of us!” “Yes
they are,” said Pool, “and I will sell my life as dear as I can!” So
saying he cocked both barrels of his gun and pistol and eased his
bowie knife in the sheath.
We had given no instructions, only to be silent and remain still.
They seemed to separate and go in different directions. On coming
near the house, some one of their company hailed to the balance,
“come on, boys, here they are!” “There!” said Pool, “I told you so.”
So soon as we heard this, we knew that we had been discovered,
and that it was to kill or be killed.
I made my escape out of the house the first opportunity I saw,
dodged around a big fig tree, and looked back a moment at the
house. Pool was standing in the door with his gun at a poise. Harvey
came round the corner of the house, on Pool’s right, and jumped
into the gallery; Pool immediately fired, and struck Harvey in the left
side. Harvey immediately squared himself and shot the contents of
his whole load in Pool’s side, and fell on the gallery. Pool stepped
into the yard, and another man shot him in the breast, and he
immediately fell dead.
At this moment Stoughton and John Copeland jumped out of the
door and ran; I wheeled immediately as the crowd rushed around
the house, and ran. At the report of the next gun, the shot whistled
all around my head, I then heard several guns. It appeared to me
there must have been five hundred at that moment; and I have no
doubt that I made the best running there that I ever made in my life
before. In fact, it seemed to me that it was no trouble, that I never
touched the ground, but flew over it.
After I had got a sufficient distance from the place, and found I
was not pursued by any of their party, I stopped to reflect to myself,
and wondered what had become of Stoughton and my bother John.
Pool, I knew, must be dead, for I saw him fall, and the blood gush
from the wound. I felt almost certain that Stoughton and my brother
John were both killed also, from the number of guns I heard fired,
as I thought.
 It was then that I more seriously meditated on my situation than I
ever had done before, and wondered to myself what I should do for
the best. I felt very sad, and thanked my God for my providential
escape, believing that all the rest of my comrades were in eternity.
But after I had thus meditated and reflected upon the past, I felt
that I deserved death, when all my crimes again stared me full in
the face. I then formed a stern resolution within my own breast, that
if God would permit me ever again to reach my home, that I would
refrain from all my evil ways, and become a Christian, believing that
God had been merciful to me, in preserving me, and hurling my
comrades and associates into another world.
After a while I became more collected and concluded I would go
over to Daniel Brown’s, who, I knew, did not live far from that place.
I had been there but a short time when my brother John came up,
bare-headed, and mud above his knees, where he had run through a
muddy reed-brake. He called me to one side, and in a few words he
told me that Stoughton was not killed, but Pool was, and that our
enemies had left there. He saw them carrying Harvey away, and he
thought Harvey was dead; that we had better go over and do
something with Pool and get Stoughton, and leave.
This was on Sunday, the 15th of July, 1848. Several persons had
accidently happened in at Brown’s that day. I went into the house
and told the company what had happened over to the other house,
since I left; that there had been some shooting done, and that Pool
was killed, and I expected Harvey was; that we were on our way to
Honey Island, and stopped there for the night; and that I had come
over to Brown’s to get some bread baked, and that it had all
occurred since I left; and that I would like to go over and do
something with Pool, and see if Stoughton was killed. A number of
persons went with us to the place, some ladies among the rest.
When we got there we found Pool lying dead. We laid him straight
on his back. I recollected that he had some money, and I soon
sounded his pockets, and obtained one hundred and twenty dollars
of the money I had given him. There was a five dollar gold piece
missing. I took all he had. As he had other means, I knew that the
money would do him no good then. I went into the house and got
John Copeland’s hat, and went down to the side of the swamp and
called Stoughton, and he came out. We were then all together
again, except Pool.
We gathered our guns, returned to Brown’s, eat dinner, and left
for home. But in the affray I had lost my memorandum book, and in
that book was the diagram or map and directions where to find the
money which belonged to Wages, McGrath and myself; I hunted for
it diligently, but could not find it. It certainly went in a very
mysterious way, and I have often since thought that the decree of
Justice forbid me enjoying that money.
After we left Brown’s that day, we traveled on the same route we
had come. We slept in the woods that night, and next day we got
something to eat at Peter Fairley’s, and so continued our journey on
home, where we arrived on Sunday, the 22d of July, having been
gone just fourteen days. When we arrived, old Wages was highly
pleased that Harvey was killed, and he and the old lady very
promptly settled with us. He paid us off with his place on Big Creek,
in part, and the balance in hogs, cattle, pony horses, carts and
farming tools and utensils. My father and mother, with the family,
removed to the place.
In a very little while after that, the times began to be very squally.
Old Wages and his wife had to pull up stakes, take their negroes and
leave the country, at a great sacrifice of their property. I was already
an outlaw; my brother John now became one with me. Stoughton,
like a fool, as he was, took a yoke of oxen, or some cattle, which he
had received from Wages in part pay for his services, to Mobile for
sale. While there, he was arrested and put in jail, under the
requisition of the Governor of Mississippi, and conveyed from Mobile
to Perry county, where he was tried and convicted twice. The first
conviction was reversed by the Appellate Court, and while in prison,
waiting a second hearing, he died. So went another of our clan to
eternity.
 I still continued laying out and hiding myself from place to place,
fully intending to leave the country just as soon as I could settle my
business; and I even made several appointments of times that I
would go, but some way, or somehow, there appeared to be a
supernatural power which controlled my every action, and I could
not leave the vicinity of Mobile.
During that fall and winter my brother John and I made two trips
from Big Creek to Catahoula to hunt for that money, and the last trip
we made I was prepared to leave. Brother John had left the principal
part of his money at home, and had to go back after it, and he
prevailed on me to go with him. We returned to the vicinity of
Mobile, where I loitered away my time for some month or two, and it
seemed that my mind in some way became confused and impaired,
and I took to drinking too much spiritous liquors. One day, some
time in the spring of 1849, my brothers John, Thomas, Isham or
Whinn, and I were at a little grocery store near Dog river, about
twelve miles from Mobile. I drank too much spirits and became
intoxicated, and in that situation I imagined every man I saw was
trying to arrest me. I fell in with a man by the name of Smith, an
Irishman, and a difficulty occurred between us; I concluded that he
intended to arrest me. I drew my double-barrel shot gun upon him
and intended to kill him. He was too quick for me; he threw up my
gun, drew his dirk and stabbed me just above the collar bone. The
wound did not quite penetrate the cavity of the chest, or it would
have killed me; I threw down my gun and ran about two hundred
yards and fainted. My brothers then carried me about two miles, and
one of them went home and got a carriage and took me home.
Smith went to Mobile and told the news. A party came out and
tracked me up by the blood, and arrested and carried me to Mobile
jail.
I was now in the worst situation I ever was in in my life. One
indictment against me in Alabama for larceny, and another against
me in Mississippi for murder, and the requisition of the Governor of
Mississippi then in the hands of the officer to carry me there to be
tried. The question was which trial to avoid; if found guilty, as I felt
certain I would be, in both cases, one would be the penitentiary for
not less than four years, and the other would be hanging. I
employed the best counsel that could be procured in Mobile, and on
consulting with him and making him fully acquainted with all the
facts, he advised me to plead guilty of the larceny and go to the
penitentiary of Alabama; “for,” said he, “you may stand some chance
after your four years are out to make your escape from the clutches
of the law in Mississippi. They may not think to file their requisition
with the Governor of Alabama in time, and in that event, when your
time expires, you will be let loose.”
My trial came on before my wound was near well, and I was
brought into court and arraigned, and the indictment read to me in
open court. When asked “are you guilty or not guilty?” I plead guilty,
after which my counsel addressed the court and prayed its
indulgence in passing sentence, and that the term of punishment be
made as short as the law would permit, which was accordingly done,
and sentence of four years at hard labor in the penitentiary of
Alabama was passed upon me.
I accordingly served out my four years at Wetumpka, Ala., and all
to avoid going to Mississippi to be tried for the murder of Harvey.
However, I did not evade the rigor of the laws of Mississippi. The
vigilance of the Sheriff of Perry county threw a guard around me,
that secured to him the possession of my person at the expiration of
my time in the penitentiary of Alabama, and he immediately
transferred me to the county jail of Perry county, Mississippi.
I remained in the jail of Perry and Covington counties upward of
two years before I had a trial. I was found guilty of murder; and the
sentence of death was passed upon me, and the day appointed for
my execution. Within eight days of the time the Sheriff informed me
that my time was only eight days, and that my rope, shroud and
burial clothes were all ready. He then read to me the death warrant!
My tongue nor pen cannot express my feelings on that occasion
during that day and night. However, to my great joy, the next
morning he brought me the glorious news that the clerk of the court
had received a supersedeas and order to respite my execution, and
carry my case to the High Court of Errors and Appeals.
I cannot express my joyful feelings on receiving this intelligence. It
removed that cloud of horror and despair, which was lowering upon
and around me, and renovated anew my whole soul. It was to me as
a refulgent light from the sun of heaven cast upon the dark and
gloomy vale; but, alas, how ephemeral that sunshine of joy and
bliss! That fickle dame, Fortune, upon whose wheel I had so
successfully floated in former days, finally brought me to the same
point where I started.
I was, therefore, conveyed from the Perry county jail to the State
penitentiary at Jackson, to await there a hearing of my case in the
High Court of Errors and Appeals, and remained there about two
years. In the meanwhile my case was argued before this Court, and
the judgment reversed, and the cause remanded for further
proceedings in the Circuit Court of Perry county.
 TRIAL OF JAMES COPELAND.

TRANSCRIPT OF THE JUDICIAL PROCEEDINGS.

At the September term of said Court, in the year A. D. 1857, on

Wednesday of the term, it being the 16th day of the month, James
Copeland was taken to the Bar of the Court and arraigned upon an
indictment, found by the following Grand Jury at the March term,
1857, to-wit: John McCallum, Lemuel Strahan, John W. Carter, Allen
Travis, Lewis H. Watts, James Chappell, G. W. Rawls, Wm. Jenkins,
Peter McDonald, Malachi Odom, Joseph G. Young, James M. Bradler,
Sr., Stephen Smith, Wm. Hinton, Edmund Merritt, Sidney Hinton,
Joseph T. Breeland, Henry Dearman, Lorenzo Batson and John
Fairley, Foreman—which indictment was as follows:
STATE OF MISSISSIPPI,
Perry County. }
In the Circuit Court of Perry County—At March Term, 1857.
The Grand Jurors for the State of Mississippi, summoned,
empanneled, sworn, and charged to inquire in and for the State of
Mississippi, and in and for the body of the county of Perry, upon
their oath, present, that James Copeland, late of said county, on the
15th day of July, Anno Domini, one thousand eight hundred and
fifty-eight, with force and arms in the county of Perry aforesaid, in
upon one James A. Harvey, then and there being in the peace of
God and the said State of Mississippi, feloniously, wilfully and of his
malice aforethought, did make an assault; and that the said James
Copeland, a certain shot gun, then and there loaded and charged
with gun powder and divers leaden shot, which shot gun, so loaded
and charged he, the said James Copeland, in both his hands, then
and there, had and held, to, at, against and upon the said James A.
Harvey, then and there feloniously, wilfully and of the malice
aforethought of him, the said James Copeland, did shoot off, and
discharge; and that the said James Copeland, with the leaden
aforesaid, out of the shot gun aforesaid, then and there by force of
the gun powder, shot and sent forth as aforesaid, the said James A.
Harvey, in and upon the left side of him the said James A. Harvey,
then and there feloniously, wilfully and of the malice aforethought of
him, the said James Copeland, did strike, penetrate and wound,
giving to the said James A. Harvey, then and there, with the leaden
shot so as aforesaid, discharged and sent forth, out of the shot gun
aforesaid, by the said James Copeland, in and upon the left side of
him, the said James A. Harvey, a little below the left shoulder of him
the said James A. Harvey, divers mortal wounds of the depth of
three inches, and of the breadth of one quarter of an inch, of which
the said mortal wounds, the said James A. Harvey, from the fifteenth
day of July in the year aforesaid, until the twenty-fifth day of July in
the year aforesaid, languished, and languishing did live; on which
said twenty-fifth day of July in the year aforesaid, the said James A.
Harvey in the county of Perry aforesaid, of the mortal wounds
aforesaid, died; and the jurors aforesaid, upon their oaths aforesaid,
do further present, that John Copeland, late of the county aforesaid,
on the day and year first aforesaid, in the county of Perry aforesaid,
feloniously, wilfully and of his malice aforethought, was present,
aiding, abetting and assisting the said James Copeland the felony
and murder aforesaid to do and commit; and the jurors aforesaid
upon their oath aforesaid do say, that the said James Copeland and
John Copeland him the said James A. Harvey, in manner and form
aforesaid, feloniously, wilfully and of their malice aforethought did
kill and murder, against the peace and dignity of the State of
Mississippi.
George Wood, District Attorney.
Upon this indictment was indorsed “A true bill signed, John Fairley,
foreman.”
 At the September Term the following proceedings were had in the
case: “Be it remembered that there was begun and held a regular
Term of the Circuit Court in and for the county of Perry and State of
Mississippi, at the Court House of said county, in the town of
Augusta, the place designated by law for holding said court, on the
second Monday of September, in the year of our Lord one thousand
eight hundred and fifty-seven, it being the 14th day of said month,
present the Hon. W. M. Hancock, presiding Judge of the 8th Judicial
District of Mississippi, George Wood, Esq., District Attorney for the
said 8th Judicial District, James R. S. Pitts, Sheriff of Perry county
and James Carpenter, Clerk of said Court.”
State of Mississippi,
vs.
James Copeland.
}M urder.

This day comes George Wood, District Attorney, who prosecutes

for the State of Mississippi, and the prisoner is brought to the bar in
custody of the Sheriff, and upon notice of the District Attorney, a
special venue for thirty-six free-holders, or house holders, of Perry
county, and liable to jury service therein, ordered returnable to-
morrow morning, at 8 o’clock; the prisoner, in his own proper
person, waiving two days’ service of a list thereof and a copy of the
indictment, consenting that it be returned at said time; and upon
suggestion that the prisoner is insane, it is ordered that the Sheriff
of Perry county summons twelve good and lawful men of said
county, to be and appear before said Court on Tuesday morning at 8
o’clock a.m., to take inquisition as to the case of lunacy, and try
whether the prisoner be of sound mind and understanding.
Tuesday Morning, 8 o’clock.
Court met pursuant to adjournment. Present as on yesterday.
State of Mississippi,
vs. }M urder.

James Copeland.
 This day comes George Wood, the District Attorney, who
prosecutes for the State of Mississippi, and the prisoner is brought to
the bar, in custody of the Sheriff, whereupon comes a jury of good
and lawful men, to wit: Porter J. Myers, Malachi Odom, Sr., J. M.
Bradley, Jr., Darling Lott, Malcolm McCallum, Angus McSwain, Q. A.
Bradley, J. M. Bradley, Sr., Wm. H. Nicols, W. C. Griffin, D. S. Sapp
and James Edwards, who are regularly summoned, elected and
sworn, and well and truly to try an issue joined, ore tenus, whether
or not the prisoner be of sound mind, and whether he possesses
sufficient intellect to comprehend the cause of the proceedings on
the trial, so as to be able to make a proper defense; or whether the
appearance of insanity, if any such be proven, is feigned or not; and
the evidence having been submitted to them in the presence of the
prisoner, they retired to consider of their verdict, and in his presence
returned the following, to-wit: “We, the jury, on our oaths, find the
prisoner sane; that he possesses sufficient intellect to comprehend
the cause of the prosecution on the trial, so as to be able to make a
proper defense, and that the appearance of insanity which he has
exhibited, is feigned.”
And thereupon the prisoner is arraigned on the charge of murder,
as preferred by the bill of indictment; and upon said arraignment,
says that he is not guilty in manner and form as therein and thereby
charged, and for the truth of said plea he puts himself upon the
country; and the District Attorney in behalf of the State of Mississippi
doeth the like.
And thereon come the following good and lawful men of Perry
county, to-wit: Zebulon Hollingsworth, J. J. Bradley, John A. Carnes,
Francis A. Allen, Wm. W. Dunn, Adam Laird, who were regularly
summoned on the special venue returned in this case, and who in
the presence of the prisoner are regularly tried and chosen between
the prisoner and the State; and the special venue being exhausted
the Sheriff proceeded to call the regular jurors in attendance at this
term, and Daniel S. Sapp, Seaborne Hollingsworth and Francis Martin
were in the presence of the prisoner tried, and chosen between the
State and the prisoner; and the regular jury being exhausted, the
Sheriff is directed to summon thirteen bystanders as jurors, and
from the number so summoned as last aforesaid, Milton J. Albritton
was in presence of the prisoner duly tried and chosen between the
State and the prisoner; and the said thirteen persons so last
summoned being exhausted, it is ordered that a venue issue,
commanding the Sheriff to summon twenty good and lawful men of
Perry county, to be and appear before the court to-morrow morning
at 8 o’clock, A. M., to serve as jurors in the trial of the issue
aforesaid, and the prisoner is remanded to jail, and John W. Carter is
sworn as bailiff to take charge of the jury.
Wednesday Morning, 8 o’clock, September 16, 1857.
State of Mississippi,
vs. }M urder.

James Copeland.
This day comes George Wood, District Attorney, and the prisoner
is again brought to the bar, in custody of the Sheriff, and also comes
the jury whom yesterday were duly tried, chosen and taken between
the parties; and thereupon comes James M. Pitts and John H.
Holder, who were this day returned as jurors in the case, in
obedience to the command of the venue, last issued on yesterday;
who in presence of the prisoner are regularly tried, chosen and
taken between the parties; and the jury so chosen, as aforesaid, are
empaneled and sworn, in the presence of the prisoner, well and truly
to try the traverse upon the issue joined between the State and the
prisoner aforesaid, and a true deliverance make according to the
evidence; and the evidence is submitted to them in the presence of
the prisoner, and the opening argument is heard, on the part of the
District Attorney and the further consideration of the cause is
continued until to-morrow morning, and the prisoner is remanded to
jail.

Thursday Morning, 8 o’clock, September 17, 1857.

 State of Mississippi,
vs. }M urder.

James Copeland.
This day comes the District Attorney, and the prisoner is again
brought to the bar in the custody of the Sheriff, and the argument is
resumed and concluded; and the jury are instructed by the Court at
the request of the counsel, in writing, and the jury retire to consider
their verdict. And in the presence of the prisoner return the
following, to-wit: “We, the jury, on our oaths, find the prisoner guilty
in manner and form as charged in the bill of indictment;” and the
prisoner is remanded to jail to await his sentence.

SENTENCE OF THE COURT.

Friday Morning, 8 o’clock, September 18, 1857.

State of Mississippi,
vs. }M urder.

James Copeland.
This day comes the District Attorney, and the prisoner, who was on
yesterday convicted of the crime of murder, is again brought to the
bar. And thereupon the prisoner by his counsel moves the Court for
a new trial, which motion was fully heard and understood by the
Court; and is by the Court here overruled. And to the opinion of the
Court in overruling said motion, the prisoner by his counsel here
excepts:
State vs. James Copeland.
Motion for New Trial of the Collateral. }M urder.

Issue joined as to the sanity of the defendant, and his capacity to

make defense in the charge of murder.
1st. Because the Court erred in refusing instructions asked by
defendant and in granting those asked by the State.
 2d. Because said verdict is contrary to law and evidence.
Taylor & Wilborn, for Motion.
And the prisoner being asked what further he had to say why the
sentence of death should not be passed upon him, says nothing in
bar or preclusion. “It is therefore considered by the Court, here, and
is so ordered and decreed, that the prisoner be taken hence to the
jail from whence he came, and there safely kept until the thirtieth
day of October, in the year of our Lord one thousand eight hundred
and fifty-seven; and that the Sheriff take him thence on the said day,
between the hours of ten o’clock in the forenoon and four o’clock in
the afternoon of said day, to the place appointed by law, for
execution; and that he, the said James Copeland, on the said day,
between the hours aforesaid, be hung by the neck until he be dead.”
 THE DEATH WARRANT.

THE STATE OF MISSISSIPPI,

To the Sheriff of Perry County—Greeting:

Whereas, at the September term, A. D. 1857, of the Circuit Court
of said county, on the fourth day of said term, James Copeland was
duly convicted of the murder of James A. Harvey, by a verdict of a
Jury chosen and sworn between the parties; and whereas, on Friday,
the fifth day of said term, by the order and decree of said Court, the
said Copeland was sentenced to be hung by the neck until he be
dead, on the thirtieth day of October, in the year of our Lord one
thousand eight hundred and fifty seven, between the hours of ten
o’clock, a. m., and four o’clock, p. m., at the place appointed by law.
These are therefore to command you, in the name, and by the
authority of the State of Mississippi, to take the body of the said
James Copeland, and him commit to the jail of said county, and him
there safely keep, until the said thirtieth day of October, and that on
the said thirtieth day of October, between the hours of ten o’clock, a.
m., and four o’clock, p. m., of said day, at the place appointed by law,
you hang him by the neck until he be dead, dead, dead.
Given under my hand and seal, this, the 18th day of September, A.
D. 1857.
[Seal.] W. M. Hancock, Judge.
 THE EXECUTION.

The day arose clear and beautiful on which the sentence of the
law and of outraged humanity was to be executed on the man who
had so often violated their most sacred behests. The sky was blue
and serene; the atmosphere genial; all nature was calm and
peaceful; man alone was agitated by the various strong emotions
which the execution of the fatal sentence of retributive justice on a
fellow-man could not but create.
The place of execution was distant from the city of Augusta one-
quarter of a mile. The gallows was erected on a beautiful elevation
that was surrounded by the verdure of shrubby oak and the tall,
long-leaf pine. The ground was everywhere occupied by thousands
of spectators, gathered from Perry and the surrounding counties, to
witness the solemn scene. It was indeed one that they will long
remember.
About the hour of noon, the prisoner, after being neatly clad, was
led from the jail by the officers of the law, placed in the ranks of the
guard formed for the occasion, and the procession moved slowly
toward the fatal spot.
Soon the doomed man appeared on the gallows. The death
warrant was then read to him, and he was informed that he had but
a short time to live.
He proceeded to address the awe-struck and silent multitude. He
especially urged the young men present to take warning from his
career and fate, and to avoid bad company. His misfortune he
attributed principally to having been misled while young.
When he had concluded, a number of questions were asked by
the immediate spectators, in relation to crimes which had transpired