Homicides of Adults in Franklin County, Georgia, to 1900
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Suspect(s USPECT(s): two soldiers VICTIM(s): George and his uncle Weapon: [gun] Circumstances: Inquest: Indictment: [no] Term: Court proceedings: Legal records: Newspaper: AC 12/5/1795: "We hear from good authority, that on the 6th ult. two Indians, one named George, a Creek, and son of the Hallowing King, and the other, his uncle, a Cherokee, were treacherously murdered at Fort Washington, Franklin county, by two of those soldiers who were inlisted for the defence of this state." Census: Genealogy: Victims: George, a Creek, and son of the Hallowing King, and the other, his uncle, a Cherokee Accused 1: ___ Ethnicity: Race: w
Gender: m Age: adult Literate: Marital Status: Children: Occupation: soldier Town: Birthplace: Religion: Organizations: Accused 2: ___ Ethnicity: Race: w
Gender: m Age: adult Literate: Marital Status: Children: Occupation: soldier Town: Birthplace: Religion: Organizations: Victim 1: George
Race: Ind Gender: m Age: adult Literate: Marital Status: Children: Occupation: Town: Birthplace: Religion: Organizations: Victim 2: ___ Ethnicity: Cherokee Race: Ind Gender: m Age: adult Literate: Marital Status: Children: Occupation: Town: Birthplace: Religion: Organizations: 1799, May 13 FRA PROC
Crime: HOM Rela: NONDOM Motive: UNK Intox?:
Day of week: M Holiday?: Time of day: Days to death: S
"By his Excellency James Jackson, Governor and Commander in Chief of the Army and Navy of this State, and of the Militia thereof. "A Proclamation. "Whereas I have received official information of a most barbarous and cruel murder having been committed on the body of Allen Womack, in the county of Franklin, in this State, on the thirtieth day of May last, which appears, from the inquest held thereon and returned to the Executive Department, to have been perpetrated by one Hardy Harden, of Pendleton county, in the State of South-Carolina, who has since absconded: "IN ORDER THEREFORE that the said Hardy Harden, may be brought to examplary justice, I have thought fit to issue this my proclamation, hereby offering a REWARD of ONE HUNDRED DOLLARS to any person or persons who will apprehend the said Hardy Harden, and lodge him in some secure Goal within this State. "AND I further charge and require all officers, civil and military, belonging to this State, to be aiding and assisting in apprehending and securing the said Hardy Harden, so that he may be brought to trial and condign punishment accordingly. "GIVEN under my hand and the Great Seal of the said State, at Louisville, this eleventh day of July, in the year of our Lord, one thousand seven hundred and ninety-nine. JAMES JACKSON. By the Governor, Horatio Marbury, D. Sec'ry. GOD SAVE THE STATE."
Accused: Hardy Harden Ethnicity: Race: w
Gender: m Age: adult Literate: Marital Status: Children: Occupation: Town: resident of Pendleton Co., S.C. Birthplace: Religion: Organizations: Victim: Allen Womach
Race: w
Gender: m Age: adult Literate: Marital Status: Children: Occupation: Town: Birthplace: Religion: Organizations: 1799 [Aug.] FRA FILE
Crime: HOM Rela: NONDOM Motive: ROBBERY Intox?:
Day of week: Holiday?: Time of day: Days to death: 0 S
Accused: Cormack Higgins Ethnicity: Race: w
Gender: m Age: adult Literate: Marital Status: Children: Occupation: Town: FRA Birthplace: Religion: Organizations: Victim: Joseph Nail [Neal]
Race: w
Gender: m Age: adult Literate: Marital Status: Children: Occupation: Town: FRA Birthplace: Religion: Organizations: 1800, Jan. 7 FRA PROC
Crime: HOM Rela: NONDOM Motive: UNK Intox?:
Day of week: T Holiday?: Time of day: Days to death: S
JOHN McKEE. Sept. 15, 1799." Accused: John McKee Ethnicity: Race: w
Gender: m Age: adult Literate: Marital Status: Children: Occupation: Town: FRA Birthplace: Religion: Organizations: Victim: Isaiah Hailey
Race: w
Gender: m Age: adult Literate: Marital Status: Children: Occupation: Town: Birthplace: Religion: Organizations: 1800, Jan. 13 FRA INQ
FILE P
Crime: HOM Rela: NONDOM Motive: ROBBERY Intox?:
Day of week: M Holiday?: Time of day: 9pm Days to death: 0 S
File Box 15 159-1-41 MURDER / ROBBERY (1800). Craddock Low m. Moses Fincher. Wit bound for state: Moses Haynes, Samuel Shields, Mary Fincher, Frederick Crowder, Leonard Keeling, Joshua Glass. INFORMATION: Mary Fincher. Sworn before Moses Haynes, Esq., j.p. On 1/13/1800, her husband, Moses Fincher, started on a journey from their home in Oglethorpe Co. & rode a bay mare ($150) & had with him a rifle ($45) & cash ($30). Described the brand on the mare. & the rifle marked for its maker, Hezekiah Lucky. "her husband has since been found Murdered" in Franklin Co. "on a branch of Lightwood Log Creek near the Road to Halons ford on Tugalo" & the said property she believes was feloniously taken at that time. Suspects that Craddock Low was the murderer & robber. CONFESSION of CRADDOCK LOW [x]: d.d. 4/1/1800: On 1/13/1800, CL in company with MF "was met by a certain John Smith Near the plantation of Moses Hains Esq. who then turned Back & all traviled togather untill they crosed the Lightwood Log Creek after which the sd Smith & Fincher went on togather & in Less then half an ower the sd Low heard a gun & expected that the gun was shot at Fincher & in about an hour the sd Low says he saw the sd Smith in possession of Finchers Mare Gun & shot bag & that Smith asked Low when he would see him again and they appointed to meet at a certain Wm Dittows on Sineker [?] the 15th of March & the sd Smith told Low that if he would say nothing he would give him a part. the sd Law saith the sd Fincher was kild about 9 oclock at Night the sd Low also saith that he was about a hundred & fifty yeards from the place that Fincher was kild at when the gun fired and the sd Low & Smith continued in company togather untill the next day about 9 oclock." DEPOSITION: Mary Fincher [x]. d.d. 3/29/1800: on 3/28, informed that her husband had been found dead near Lightwood Log Creek, went to house of Elijah Owens, Esq. "where she found part of all his clothing except his under clothing with his sadle and sadlebags which she perfectly well knew he carried from home with him likewise she was informed by the sd Elijah Owens Esqs was taken From the dead body of sd stranger found Dead Ajudged to be Murdred by his Companion the deponant further saith that Moses Hanes Esq informd her that on the 13th day of Jan. he saw the said Moses Fincher In Company with a strange man which he knew not. A chunky well made man black Hare and Dark Eyes Had on lightish Grey big Coat with Dark under clothing and he thought black Velverat Breaches From Every Circumstances she has just reasons to believe it was Craddock Low of Oglethorpe County." Newspaper: AUGUSTA CHRONICLE, 5/17/1800: "Law Report, Published according to the Act. THE STATE vs. Cradack Lowe, Murder of Fincher. "The bill being found on Monday, the prisoner was arrested the same day, and plead not guilty; and his trial was assigned for the next. "Upon his trial, it appeared, that he lived on the plantation of Fincher, in Oglethorpe county, in separate houses, but using the same yard. That they made crops together, and both had families; and no apparent misunderstanding. "That Fincher had appointed a time to go up to Franklin county; and to which end, had made previous preparation. "That about half an hour before he was to, and did set out, to wit, on the 13th January last, the prisoner saddled his own horse, and rode him away, without any apparent intercourse with Fincher, or saying whither he was going. "That, on the same day, on the road leading towards Franklin, the prisoner and the deceased were seen together, by several persons, at different places, and at a public house, the former exciting the latter to drink freely of whisky. "That they bought whisky and fodder at one place, saying they would encamp out; and travelled several miles before they took up, as it appeared in the sequel. "Three days afterwards the prisoner returned home, that is, to the plantation of the deceased, who denied having seen him. That Fincher's wife a little time after, perceiving Lowe to have a pair of spurs, and purse, which she knew to belong to her husband, challenged him therewith; but which he denied to have been his. "At another time, the prisoner had been from home, and returned in liquor. Fincher's wife was sitting with Lowe's; and the prisoner said to her, Poll your husband is dead, and you are a widow; he is gone to hell and I know it. "Suspicions now began to attach to Lowe. The body of a dead man was found in Franklin county, a little off the road, apparently having been shot in the head while asleep, with a rifle bullet; and of having been instantly killed. Parts of most of his cloathes were taken off and preserved before he was interred; together with an handkerchief, with the initials of his name; and which were identified by Fincher's wife, who produced in court, patterns, of which some of them was a part. "Captain Joshua Glass, a noted detector of such offenders, apprehended Lowe; to whom he voluntarily confessed, that he knew of Fincher's being murdered; but that it was done by one Smith, who gave him part of the money to be silent. "Captain Glass, presuming that Lowe had crossed over in Carolina with the property of the deceased, in his three days absence, went thither for the purpose of discovery; in which he met with ample success. "Major Keys proved that the prisoner crossed his ferry over Tugaloe river, about sun rise on the morning of the 14th of January, having the mare and rifle which were then produced in and near the court, and proved to have been Fincher's. "Mrs. Angely, being a little further in Carolina, proved that the prisoner got his breakfast and fed his horses, at her house that same morning; and that her little boy taking a liking to a hatchet he had with him, he let him have it in lieu of other payment for his breakfast and horse feed. The hatchet being produced in court, was proved to have been Fincher's. This witness also proved, that he had two beasts and a rifle gun along with him. "John Sutherland, who resides still further in South-Carolina, proved that early on the morning of the 15th of the same month, the prisoner came to his house, having the rifle gun, which he offered to sell; but the witness not buying, he proposed leaving them for sale, which he did, saying he was on a journey to Georgia, and would call upon his return; upon being asked, he said his name was Smith. The gun being produced in court, was identified by him. The witness remarked that the prisoner appeared in a hurry, and agitated. "Wm. Nelson, who resides near Sutherland, said the mare was taken up at the same time in his enclosure, and that he posted her. He testified that she was the same that had been proved to have been Fincher's. "Mr. Brown, at whose house the prisoner and the deceased had called on the 13th, proved, that on the return of the former alone, he again called, and being asked for his comrade, said he had gone further up. "Mr. Montgomery, who had also seen them pass on the 13th, says, the prisoner called at the house of his brother on his return, and who said his comrade had gone to Tennessee. That the witness and prisoner lay together the night of his returning; and that the latter appeared troubled and restless, and could not sleep. "Captain Payne deposed, that the prisoner had been put in his charge a few days before the trial. That carrying him within about two miles of the place where the body was found, he ordered him to conduct the party to the spot where he murdered Fincher; and accordingly led the way direct to the spot of the encampment. There it appeared where two horses had been fed and tied, and where Fincher lay asleep at the time of his being killed, his hat being over his forehead and eyes. There was also the precise chop of the hatchet in a log, and a chip was produced in court correspondent with the size of the hatchet. "The testimony being gone through, the judge summed it up, and charged the jury, that although there was no direct proof in evidence, as to the actual commission of the fact by the prisoner, yet there was such a union and concurrence of facts arising out of the testimony, and attaching the principal fact to the prisoner, as amounted to a perfect demonstration of his being the murderer; and that they could not acquit themselves of the oath they had taken of doing justice between the state and the prisoner, without finding him guilty. "Accordingly they soon returned with the verdict of GUILTY. "The prisoner being asked if he had any thing to say, why sentence of death should not be then passed upon him, answered nothing. "Whereupon the judge sentenced that he should be remanded and confined until the day next after trial but one; and that on that day, he should be conducted to the place of execution, and between certain hours, hanged by the neck until he was DEAD! "The sheriff reported, that at the place of execution, he confessed the justice of his sentence; and acknowledged that he ought to die for the crime he had committed. And further, that he submitted to his fate with a firmness which would have become a better cause. "The case was tried before, and is now reported by Judge Walton, in terms of the act. Counsel for the state Van Allen, solicitor-general; for the prisoner, Gresham and Martin.
April 24, 1800." Census: Genealogy: AUGUSTA CHRONICLE, 5/10/1800: "Georgia, Elbert County. By Wm. Higginbotham, clerk of the court of Ordinary, for said county. "Whereas Frederick Crowder, has applied for letters of administration on the estate of effects of Moses Fincher, late of this county, dec. "These are therefore to cite and admonish all and singular the kindred and creditors of the said deceased, to be and appear before the court of Ordinary, on the 2d Monday in July next, to shew cause if any they have, why said letters should not be granted ... [April 14, 1800] W. Higginbotham, c. c. o."
Race: w
Gender: m Age: adult Literate: Marital Status: Children: Occupation: farmer / shared a place with MF, resided in separate houses Town: resident of Oglethorpe Co. Birthplace: Religion: Organizations: Victim: Moses Fincher Ethnicity: Race: w
Gender: m Age: adult Literate: Marital Status: m. Polly Children: Occupation: farmer / shared a place with CL, resided in separate houses Town: resident of Oglethorpe Co. Birthplace: Religion: Organizations: 1800, Sept. 1 FRA FILE
Crime: HOM Rela: NONDOM Motive: REVENGE for alleged murder of the assailants' brother Intox?: yes, prob. assailants Day of week: M Holiday?: Time of day: afternoon Days to death: 0 S
File [Box 5 159-1-59] MURDER: FSC 28: State v. John Nail of Franklin Co. & Julian Nail of Elbert Co. Affidavit of Randolph Holbrooks [s] states that on Monday, 9/6/1800, in Carnesville, about the middle of the day, he understood that the Nails had brought a prisoner to town who had killed their brother. Mentions seeing the prisoner, Cormack Higgins, upstairs at Mr. Terrill's & several people with him. RH stayed a few minutes & went to his shop to work. About an hour after he was John & Julian Nail "in possession of the prisoner." The Nail's took the prisoner to the gallows to ring a confession from him. "The Nails told him at the Gallows that he should be hanged there & buried alongside of Lowe that he had done worse than Lowe & he should be buried at his Low's feet. The Nails tied a rope around his neck & set him on a horse they then fixed the rope to the Gallows and in such a manner . . . that they might relieve him before he was quite dead. They drove the horse from under Higgins & he swung off. John Nail then attempted to draw the rope but failed, then John Nail held him up & requested assistance, the rope was then cut, Higgins then fell and on raising up John Nail requested him to confess but he did not confess a single thing. They then ordered him to walk down to Jones's which he did. John & Julian then argued who should take charge of him they stop at the store & drank some brandy. The deponent had his horse ready to go to W. Hooper's & set out just after them, when they came to the double branches, John Nail told Julian that if he would take charge of the prisoner he would go home, it qas agreed by the two brothers that Holbrooks should assist Julian which he agreed to do, John Nail then wished his brother & Holbrook good night & as he passed by Higgins, he said damn you Higgins I can't shake hands with you & made off in a Gallop. When they got to the river Julian Nail asked Holbrooks if there was any place for the prisoner to walk over he answered yes, Holbrooks led the prisoner to the place where the logg lay & gave him the rope to walk across. Just as he got to the north bank of the north fork of Braod River a gun fired & on examination of this deponent Higgins was killed & the person who shott him was so near when he shott that his shirt was on fire when he got to him, Higgins was dead when this deponent came to him. It was not more than one minute or one minute & an half after Higgins started to go voer the Logg before the fired which killed Higgins." Checked Julian's pistol at Julian's request & found it still loaded. Saw a man "run down the river but does not know who it was." Asked Julian "if it was possible that John could have waylaid him Julian answered he did not think it was him." Sworn before Thos. P. Carnes, 9/30/1800. File [Box 5 159-1-59] MURDER: FSC 29: State v. John & Julian Nails: Warrant for arrest of John Nail of Franklin Co. & Julian Nail of Elbert Co. charging them with the murder of Cormack Higgins. On suspicion of Randolph Holbrooks. Warrant signed by Thos. P. Carnes, 9/30/1800. File [Box 5 159-1-59] MURDER: FSC 30: Moses Trimble, Administrator of Cormack Higgins v. John Nail: Deposition of Robert Montgomery of Jackson Co. States that he apprehended Higginson [sic?] on suspicion of having murdered Joseph Nail. Mentions money found on Higgins as having been delivered to Capt. Fielder in the Cherokee Nation who consequently delivered said money to John Nail in Jackson Co. Mentions that Higgins was apprehended sometime in August, 1799. RM: Knows the parties in the suit. "When I apprehended Cor. Higgins of suspicion of having murdered Joseph Nail, I found (among) other property the sum of three hundred & ninety six dollars apecie in his saddle Bags & pockets. This money was delivered to Capt. Fielder in the Cherokee nation. Capt. Fielder afterwards delivered the same money in Jackson County in my presence to John Nail of Franklin County. I apprehended Higgins as well as I recollect some time in August 1799. Sworn 10/4/1803. |