Sheriff N. Porter-one hundred and three subpœnas Coroner P. G. Voorhies-three subpoenas STATE OF TENNESSEE, Maury circuit court, December term, 1825: I, George M. Martin, clerk of said court, do certify that the foregoing is a transcript of the record and proceedings in the case where the State of Tennessee is plaintiff, and Swan Harden, Benjamin W. Harden, Augustine B. Harden, William Harden, and Benjamin F. Harden are defendants, in an indictment for murder, in our said Maury circuit court, in as full and ample a manner as now appears in my office. Witness my hand and private seal, (having no seal of office,) at office in Columbia, this 18th day of January, 1826. GEORGE M. MARTIN, Clerk. Affidavit of Swan Harden and others. The above-named defendants make oath that they are charged with the murder (or aiding therein) of Isaac N. Porter and William H. Williamson; that the said Isaac N. Porter was the son of Joseph B. Porter, clerk of the county court of Maury, and he, the said Isaac N. Porter, for several years past had performed the duties of said office; and, as these defendants believe, the said Isaac N. Porter was much esteemed by his numerous friends, and his death much lamented. The high sheriff of the county, and one of his deputies, are also cousins of the said Isaac N. Porter; and, in addition to the above, there is a large, respectable, and influential family connexion of the said Isaac N. Porter in this county, whose feelings are much engaged in carrying on this prosecution. These defendants also state that they are charged with aiding in the death of William H. Williamson, who was a young man of much merit, and highly esteemed, as is believed, by all his acquaintances, who are numerous and respectable. These defendants state, that although neither of them is charged with actually taking away the life of either of the deceased persons, or doing any act calculated in itself to produce such event, (but the same is charged upon the other defendants named in the bill of indictment,) yet great exertions have been used by the friends of the deceased, and by the enemies of these defendants, to produce an impression on the public mind of their being participators in the deaths of the said Isaac N. Porter and said Williamson. These defendants also state, that immediately after the occurrence took place, Joseph B. Porter, who is the prosecutor, and a man of influence, caused a statement to be made, and published the same in two newspapers printed in Columbia, and which circulated extensively in this county, and which statement strongly implicated the whole of the defendants in the murder of the deceased; which statement, as published in said newspapers, is here produced as part of this affidavit. These defendants, and each of them, do verily believe that, owing to the prejudice which has been produced, and now actually exists in this county against them and each of them, neither of them can have a fair and impartial trial in the county of Maury. These defendants also state, Isaac N. Porter, deceased, and Joseph B. Porter, the prosecutor, have numerous respectable and influential family connexions residing in both Giles and Williamson counties, who, as is believed by these defendants, feel much solicitude in the event of this prosecution. They also state, in Bedford county, as they have been informed and believe, a handbill similar to the statement contained in the newspaper above referred to, was reprinted and circulated extensively through that county, by persons residing there, who are hostile to these defendants. These defendants also state, that some of their enemies in this county, who are not, so far as they know, particularly the friends of the prosecutor or the deceased, have much means of influence in the county of Lincoln; and these defendants are apprehensive that the same would be used to their prejudice, should the trial take place in that county. Your petitioners, therefore, pray that the venire be changed to some adjoining county; and they believe that none of the counties above named are so. Sworn to in open court, December 22, 1825. SWAN HARDEN, GEORGE M. MARTIN, Clerk. Martin Toney, Thomas Wilson, and Major Willis, make oath, that, owing to the prejudice which exists against the defendants in Maury county, they do not believe that a fair and impartial trial can be had in said county at this time. MARTIN TONEY, Sworn to in open court, December 22, 1825. GEORGE M. MARTIN, Clerk. Joseph B. Porter, prosecutor in this case, makes oath, that the defendants have several blood relations living in Hickman, Lawrence, Wayne, and Harden counties, who have shown themselves to have a deep interest about the event of the case; that some of these are men of very extensive influence, and he is informed and verily believes have exerted that influence, so that they have produced a feeling and prejudice in favor of the defendants in the mind and disposition of people, to such an extent in these counties, that the State cannot have a fair and impartial trial in any of them; and he therefore prays that the venire in this case may not be changed to any of those counties. JOSEPH B. PORTER. Signed and sworn to in open court, December 22, 1825. GEORGE M. MARTIN, Clerk. And now, at February term, 1826, of said Rutherford circuit court, to wit, on the 3d day of March, the said Swan Harden, Benjamin W. Harden, and Willian Harden, were led to the bar in custody of the sheriff of said county; and thereupon came the State of Tennessee, by Samuel H. Laughlin, Esq., attorney general of the sixth solicitorial district of said State; and it being demanded of the prisoners if they were ready for their trial, and the said Swan Harden having declared that he was ready to proceed with his trial, and demanded of the court that he should be tried separately and alone from the other prisoners, which was allowed by the court; and thereupon came (good and lawful men of the county of Rutherford aforesaid) John Etter, Abraham S. Davidson, Solomon Beesby, James Jones, Adam Simmons, James Vaughn, Larkin Johnson, Peter Arnold, and Charles Niles, who, being elected by the said Swan Harden as part of the jury to try the issue between him and the said State of Tennessee, were left in the care of an officer sworn to attend them, and keep them separate and apart from the other citizens, until to-morrow morning, nine o'clock; the sheriff not being able to summon a sufficient number of good and lawful men, out of whom a jury could be made, before that time. Whereupon, on the 4th day of March, 1826, the said Swan Harden was again led to the bar in custody of the sheriff of said county; and the jurors who were on yesterday elected and left in the care of an officer until this day, came into court; and came also Edmund Rucher, Joseph Spence, and Fountain P. Crockett, who were also elected to try the issue joined between the said State and the said Swan Harden. And it appearing to the court, from his affidavit and the statement of his physician, that Charles Niles, one of the jurors elected as aforesaid, is so much indisposed that he is unable to serve in this case, he was, on motion, and by consent of the parties, discharged, and John R. Tench was elected in his room and stead. The said jurors, all of whom are good and lawful men of said county, were then tried and sworn well and truly to try, and a true deliverance make between the said State of Tennessee and the said Swan Harden, upon their oaths aforesaid, do say that the said Swan Harden is not guilty of the murder, in manner and form as charged in the bill of indictment, but that he is guilty of feloniously slaying of the said William H. Williamson and Isaac N. Porter, in manner and form as charged in the bill of indictment. And it being demanded of him if he had any thing to say why sentence of the law should not be pronounced upon him, he answered that he had nothing more to say than he had already said; and prayed his benefit of clergy, which was by the court here allowed. It is therefore considered by the court that the said Swan Harden be forthwith, in the presence of the court here, branded in the brawn of the left thumb, with the letters M. S.; that he be imprisoned three months in the jail of Rutherford county, and pay the costs of this prosecution; and that the sheriff of Rutherford county be forthwith charged with the execution of this sentence. The said defendant, being dissatisfied with the foregoing sentence and judgment of the court, prays an appeal, in the nature of a writ of error, to the supreme court of errors and appeals for the fourth judicial circuit, at Nashville, in the county of Davidson, on the first Monday in January next; which is granted him, upon his entering into a recognizance of two thousand dollars, and Allen Brown and William Brady in the sum of one thousand dollars each, for his appearance at said supreme court. Whereupon, the said Swan Harden, and Allen Brown and William Brady, personally appeared in open court, and acknowledged themselves indebted to the State of Tennessee, to wit, the said Swan Harden in the sum of two thousand dollars, and the said Allen Brown and William Brady in the sum of one thousand dollars each, to be respectively levied of their goods. and chattels, lands and tenements; but to be void on condition that the said Swan Hardin make his personal appearance at the next supreme court of errors and appeals for the fourth judicial circuit in the State of Tennessee, to be holden at the court-house in the town of Nashville, county of Davidson, on the first Monday in January next, to answer a charge of the State against him for murder, and not depart the court without leave, and to abide by and perform the sentence, judgment, and decree of said court. STATE OF TENNESSEE, Rutherford county: I, William Ledbetter, clerk of the circuit court of said county, in the fourth judicial circuit of said State, do certify to whom it may concern, that the foregoing contains a just and true transcript of the record and proceedings in the case State of Tennessee vs. Swan Harden and others, in said circuit court, for the murder of William H. Williamson and Isaac N. Porter. In testimony whereof, I have hereunto set my hand and caused the seal of said court to be affixed, at office in Murfreesborough, January [L. S.] 25, A. D. 1828. WILLIAM LEDBETTER. STATE OF TENNESSEE: I, William E. Kennedy, one of the circuit judges in and for the State aforesaid, do hereby certify that William Ledbetter, whose name is subscribed to the foregoing certificate, is now, and was at the time of signing the same, clerk of the circuit court for Rutherford county, and that his said certificate is in due form of law. Given under my hand and seal, this 18th day of February, 1828. WILLIAM E. KENNEDY. [L. S.] STATE OF TENNESSEE. Samuel Houston, Governor in and over the sume, to all who shall see these presents, greeting : Know ye, that William E. Kennedy, who made the within certificate of the official character of William Ledbetter, was, at the time of making the same, (February 18, 1828,) one of the circuit judges in and for the State of Tennessee, duly commissioned and sworn; that all faith and credit are due and ought to be given to his official acts as such; and that his said certificate is in due form of law. In testimony whereof, I have hereunto set my hand and caused the great seal of the State to be affixed, at Nashville, this 3d day of [L. s.] March, A. D. 1828. In virtue of my not having orders from my Government for the delivery of any individuals residing within this department, under my command, to any nations who may claim them, I cannot comply with your request of this day, to which I do respectfully answer. Nevertheless, I shall transmit to his excellency the Commandant General all the judicial documents you were pleased to address to me, and shall represent to his excellency the urgent necessity that, in my opinion, arises for the public good of the mutnal delivery of criminals who take refuge in either of the two sister republics, in attention that his excellency may recommend it to the supreme Federal Government, who only can take a definitive resolution, and dictate convenient orders on the subject. Offering to you my most distinguished consideration and respects. God and the laws! MATEO AHUMADA. Major M. A. HEARD. |