The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-23

TF1r M Eastern C7qr,oa.
NOZZLE. March 10, 1859.
EDIroRs OF THE CLARION: Believing such
would be acceptable intelligence to many
of your numerous readers Of the invalu-
able Clarion, here give brief account
Of the late trial and its issue of Col. J. r.
S. PrTTs, Of Mississippi in the Court OF
this city. under the charge of libel in CIV
ing publicity to the name Of certain IN
diyiduals in connection with the ''liie and
career" of the late land pirate, James
Copeland. which was published in pam
phlet form and circulated extensively
There were three cases against Col. Pitts;
the first and only one Of these called, was |
that of q. y. Overall.
When the case was called for trial, de-
PENDANT moved for continuance, both on
! account Of the inability of his counsel,
| Hon. PERCY WALKER. to undergo the IA
! tigue consequent upon laborious investl-
| CATION. and of the absence of material
witnesses. one Of which was Col. Bynum,
| Register in the Land Office at Augusta,
who was unable to attend court. But the
| motion for continuance was by the court
! overruled, on the counsel for the prOsecu-
ton announcing their readiness for trial,
as well as being willing to admit all that
was set forth as being the proof the CON
| tinuance was asked on account of; which
proof was no less than to establish the
general truthf1lness Of Copelaud's con
fession. The prosecution further, for the
sake of the immediate trial Of the case,
expressed willingness, also, to admit, as
true, all the Copeland pamphlet, except
the name Of &. y. Overall: whereupon
defendant was put upon trial.
On going to trial, the prosecution pro-
ceeded to show that at the time Copeland
speaks of G. Y. Overall as being in Mobile,
he was at Columbus Miss, being then
school boy. The name given in the pam
phlet, is simply g. Overall, which makes
it appear somewhat strange that G. ~
Overall, should consider himself libeled.
The court allowed no introduction of
testimony to show anything of the truth
or falsity of any portion of the confession,
which was offered by the defendant as to
the truth of it, both the prosecution and
defence being strictly held to the case
at issue. In this state of affairs, the jury
could do but little else than as they did
do. rrender a verdict Of guilty, though
with great reluctance, as they were six
I Il
not have rendered a verdict of guilty
then. had they known an Imprisonment
, | would have been imposed as has been by
the court, in addition to the fine they as
sessed The penalty in this State for pub
fishing a libel, is fine not exceeding two
| thousand dollars. and an imprisonment
not exceeding six months in the county
Jail. at the discretion of the court. IN
this case ecourt has imposed an impris
onment of three months, and the jury
assessed fine of fifty dollars, which the
jurors themselve, now propose to pay
since seeing the court.has used its discre
tionarv power in adding Imprisonment.
Although Col Pitts has been convicted
of that which is characterized as libel, anC
:, as being legally guilty, none Of the citizens
here acquainted with the circumstance
e proven on his trial, believe him to be Nor
y ally guilty of anything wrong on his par
in the said publication. 1t is evident tina
= if falsehoods abound in the publication
Copeland imposed on its author None
believe him to be capable. either from
habit or nature. of wilfully and knowing
, ly. with malicious intent and withou
cause. publishing in Copeland's confession
the name of 6. Overall. which has beeI
assumed by 6. ~" Overall, the prosecu
tor in this case Col Pitts very appear
ance would give the libel to any suppose
ton Of his being a person disposed t.
malign any one, which appearance
d backed by good citizens of Mississip
le pi, coming forward at his trial and tie,
- tifying to their having known him from
d childhood to be of a mild. inoffensive ma
y, ture, and that they further know him t
" be man of sterling honesty and integr
Al tv.-a gentleman in every sense of tn
le word. His progressing appearance an,
he gentlemanly bearing, have made him nu
OF merous ardent friends amongst our hes
re citizens, who think he is not entitled
he from the verdict of the court in his case
e to be visited by the least possible blemisl
n, or damper upon his former untarnishe,
il character. Since his trial, he has not lost
but gained friends. A motion will b
;. made in few days to the court, for tn
Il. remission of Unemployment in his ease
in which, if done, his friends will compl
Il ment him by paying his fine, and lettin
him be discharged from an Imprisonment
as that is deemed unjust If this is nc
is done, petition for Executive clemenc
I'd will be forwarded to the Governor imm,
nj diately.
r. As Col. Pitts has numerous friends i
$, Mississippi, who are interested in his we
a fare, the writer takes occasion to say tha
he is as well situated as a man possbl
40 could be to be at all deprived of libert,
S, as he is comfortably quartered in tn
TT, rooms occupied by the Sheriff and h
,e, family, and has the entire liberty of tn
it. prison bounds, with no restraint whateyC
[C- upon his actions.
lie Yours, &c,
A FORMER MISSIssIPPIAN.