Letter from William S. Mudd to Andrew B. Moore; February 15, 1859
Item
Identifier
Q134459_Q134462
Title
Letter from William S. Mudd to Andrew B. Moore; February 15, 1859
Rights
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Type
text
Creator
Mudd, W. S. (William Swearingen), 1816-1884.
Date
1859 February 15
Description
From the Alabama Department of Archives and History Governor A. B. Moore Collection. Letter from William S. Mudd to Andrew B. Moore requesting the commutation of George Russell's death sentence. Letter contains an account of the evidence given at court describing the murder of John Henry. Mudd was the judge at Russell's trial.
Format
Letter
Language
English
Place
Elyton (Birmingham, Ala.); Blountsville (Ala.)
Publisher
Alabama Department of Archives and History. (electronic version)
Contributor
Margaret Schultz
Relation
Q134447_Q134448-Q134459_Q134462
transcription
[[Elyton (Birmingham, Ala.)|Elyton]] Feby 15<sup>th</sup> 1859
Dear Sir
At the last term of the [[Circuit courts|Circuit Court]] of [[Blount County (Ala.)|Blount County]], [[Russell, George|Geo. Russell]] was [[Trial|tried]] before me on an indic<sup>t</sup> for the [[Murder|murder]] of <gap> [[Henry, John|Henry]]. <gap> The [[Jury|jury]] returned a verdict of guilty of murder in <u>the first degree and</u> affixed the [[Capital punishment|<u>death penalty</u>]].
The case is now pending in the [[Alabama. Supreme Court|Sup. Court]], & if affirmed, application will be made for a [[Commuting--Law and legislation|commutation]] of the punish=ment. The [[Lawyers|counsel]] for the [[Prisoners|prisoner]], has written to me, that he feels little hope of a reversal, and requests me ^in order^ to avoid all contingencies, to write to you now in regard to the case. I should have addressed you on the subject anyway, but in the absence of this request of counsel, I should have awaited the judg<sup>t</sup> of the Supreme Court.
At the outset, I deem it proper to state the circumstances connected with the homi=cide as testified to at the trial.
In the month of <gap> 1856 the prisoner, the [[Death|deceased]], & several others were assembled at a [[Grocery stores|grocery]] in [[Blountsville (Ala.)|Blountsville]]—the prisoner proposed a wrestle to a person resent—the proposition was accepted, but owing to some disagreement the parties did not wrestle. The conversation on the subject continued however, and in the course of it, the prisoner remarked in a manner
[page break]
somewhat excited “that he could throw down any person in the crowd” The dec<sup>d</sup> was sitting on the counter at the time and replied “Why [[Murderers|George]] I can tie you” (The [[Witnesses|witnesses]] stated that this was said in a mild & jocular manner) At this reply the prisoner stepped off a few feet to where his coat was lying—took from the pocket a tolerably large pocket knife—opened it, and returning near to where the dec<sup>d</sup> was sitting, said “You had better try it or do it” The dec<sup>d</sup> then got off the counter & went, as the witnesses thought towards the door, but in doing so, came somewhat nearer to the prisoner. The prisoner thereupon stabbed dec<sup>d</sup> in the neck & killed him instantly Just as the dec<sup>d</sup> fell some one said “He is dead” and about the same time another said “George how can you murder a man so” The prisoner said “Let him die damn him it is an old grudge any how”
The proof showed that the prisoner and the dec<sup>d</sup> had been for some time on intimate terms—the prisoner had until a short time before lived at the house of the dec<sup>d</sup>, and on the day of the killing the dec<sup>d</sup> had inquired of the prisoner, “when he expect=ed to return to his house” and the prisoner replied “soon or before long.”
The proof showed that prisoner had been [[Orphans|parentless]] from an early age—that he had
[page break]
been badly raised—and that at the time of the killing he was only between 16 & 17 years old and excited with liquor (The witnesses stated they did not consider him <u>drunk</u>)
The above is substantially all the evidence, as well as I can now remember.
It must be conceded that this evidence makes a bad case for the prisoner, & that the jury were well authorized to find him guilty of murder in the first degree.
But the important question now to be determined is, do the facts & circumstances of this case, make it necessary for the public good that the unfortu—nate prisoner should suffer death? Would not [[Imprisonment|imprisonment]] for life in the [[Prisons|Penitentiary]] be a just and adequate punishment? Considering the age of the prisoner—his want of proper moral training—the <u>liquor</u> excited state of his mind at the time of the killing, I confess that I little expected the jury to inflict the extreme penalty of the law. I thought then, as I think now, that the public good will be fully subserved by the imprisonment of the prisoner in the Penitentiary for life. This punishment he well deserves, & this I think he ought to receive.
Entertaining these views, I readily & willingly re=commend a commutation of the punishments. It may be that I take a wrong view of the case, but I feel it to be both my official and personal duty to make known to you my views
[page break]
to accompany them with the reccommendation already expressed. How far I may be supported by others I can not tell. Public opinion in Blount, is I know, very decidedly against the prisoner. Young as he is, he had established a very bad character. Reports highly prejudicial to his reputation, were quite rife in the County of Blount at the time of the trial. His bad character & these reports, no doubt, weighed heavily against him on the trial. Indeed, I think, I might safely say, that to these, at least as much, if not more, than to the merits of the case, is to be attributed that part of the verdict, which affixed the penalty of death. If he had borne a good character, I can not believe, that the jury would have inflicted so terrible a penalty.
With this statement of the facts, and with the above expression of my views, I leave the fate of George Russell in your hands, should the judg<sup>t</sup> against him be affirmed, by the Supreme Court.
Very Respectfully
[[Mudd, W. S. (William Swearingen), 1816-1884|W<sup>m</sup> S <u>Mudd</u>]]
His Excellency
Gov. [[Moore, Andrew B. (Andrew Barry), 1807-1873|A B Moore]]
[[Montgomery (Ala.)|Montgomery]]
George Russell
Blount Co
<hr></hr>
Granted
<hr></hr>
[Ala. Dept. Archives & History CA]
Dear Sir
At the last term of the [[Circuit courts|Circuit Court]] of [[Blount County (Ala.)|Blount County]], [[Russell, George|Geo. Russell]] was [[Trial|tried]] before me on an indic<sup>t</sup> for the [[Murder|murder]] of <gap> [[Henry, John|Henry]]. <gap> The [[Jury|jury]] returned a verdict of guilty of murder in <u>the first degree and</u> affixed the [[Capital punishment|<u>death penalty</u>]].
The case is now pending in the [[Alabama. Supreme Court|Sup. Court]], & if affirmed, application will be made for a [[Commuting--Law and legislation|commutation]] of the punish=ment. The [[Lawyers|counsel]] for the [[Prisoners|prisoner]], has written to me, that he feels little hope of a reversal, and requests me ^in order^ to avoid all contingencies, to write to you now in regard to the case. I should have addressed you on the subject anyway, but in the absence of this request of counsel, I should have awaited the judg<sup>t</sup> of the Supreme Court.
At the outset, I deem it proper to state the circumstances connected with the homi=cide as testified to at the trial.
In the month of <gap> 1856 the prisoner, the [[Death|deceased]], & several others were assembled at a [[Grocery stores|grocery]] in [[Blountsville (Ala.)|Blountsville]]—the prisoner proposed a wrestle to a person resent—the proposition was accepted, but owing to some disagreement the parties did not wrestle. The conversation on the subject continued however, and in the course of it, the prisoner remarked in a manner
[page break]
somewhat excited “that he could throw down any person in the crowd” The dec<sup>d</sup> was sitting on the counter at the time and replied “Why [[Murderers|George]] I can tie you” (The [[Witnesses|witnesses]] stated that this was said in a mild & jocular manner) At this reply the prisoner stepped off a few feet to where his coat was lying—took from the pocket a tolerably large pocket knife—opened it, and returning near to where the dec<sup>d</sup> was sitting, said “You had better try it or do it” The dec<sup>d</sup> then got off the counter & went, as the witnesses thought towards the door, but in doing so, came somewhat nearer to the prisoner. The prisoner thereupon stabbed dec<sup>d</sup> in the neck & killed him instantly Just as the dec<sup>d</sup> fell some one said “He is dead” and about the same time another said “George how can you murder a man so” The prisoner said “Let him die damn him it is an old grudge any how”
The proof showed that the prisoner and the dec<sup>d</sup> had been for some time on intimate terms—the prisoner had until a short time before lived at the house of the dec<sup>d</sup>, and on the day of the killing the dec<sup>d</sup> had inquired of the prisoner, “when he expect=ed to return to his house” and the prisoner replied “soon or before long.”
The proof showed that prisoner had been [[Orphans|parentless]] from an early age—that he had
[page break]
been badly raised—and that at the time of the killing he was only between 16 & 17 years old and excited with liquor (The witnesses stated they did not consider him <u>drunk</u>)
The above is substantially all the evidence, as well as I can now remember.
It must be conceded that this evidence makes a bad case for the prisoner, & that the jury were well authorized to find him guilty of murder in the first degree.
But the important question now to be determined is, do the facts & circumstances of this case, make it necessary for the public good that the unfortu—nate prisoner should suffer death? Would not [[Imprisonment|imprisonment]] for life in the [[Prisons|Penitentiary]] be a just and adequate punishment? Considering the age of the prisoner—his want of proper moral training—the <u>liquor</u> excited state of his mind at the time of the killing, I confess that I little expected the jury to inflict the extreme penalty of the law. I thought then, as I think now, that the public good will be fully subserved by the imprisonment of the prisoner in the Penitentiary for life. This punishment he well deserves, & this I think he ought to receive.
Entertaining these views, I readily & willingly re=commend a commutation of the punishments. It may be that I take a wrong view of the case, but I feel it to be both my official and personal duty to make known to you my views
[page break]
to accompany them with the reccommendation already expressed. How far I may be supported by others I can not tell. Public opinion in Blount, is I know, very decidedly against the prisoner. Young as he is, he had established a very bad character. Reports highly prejudicial to his reputation, were quite rife in the County of Blount at the time of the trial. His bad character & these reports, no doubt, weighed heavily against him on the trial. Indeed, I think, I might safely say, that to these, at least as much, if not more, than to the merits of the case, is to be attributed that part of the verdict, which affixed the penalty of death. If he had borne a good character, I can not believe, that the jury would have inflicted so terrible a penalty.
With this statement of the facts, and with the above expression of my views, I leave the fate of George Russell in your hands, should the judg<sup>t</sup> against him be affirmed, by the Supreme Court.
Very Respectfully
[[Mudd, W. S. (William Swearingen), 1816-1884|W<sup>m</sup> S <u>Mudd</u>]]
His Excellency
Gov. [[Moore, Andrew B. (Andrew Barry), 1807-1873|A B Moore]]
[[Montgomery (Ala.)|Montgomery]]
George Russell
Blount Co
<hr></hr>
Granted
<hr></hr>
[Ala. Dept. Archives & History CA]
Subject
Moore, Andrew B. (Andrew Barry), 1807-1873. Capital punishment--Alabama. Murder--Alabama.
Alabama--History--19th Century.
Alabama--History--19th Century.