Nelson v. State

• Decision Date: 31 December 1852
• Citation: 32 Tenn. 237
• Parties: NELSON v. THE STATE.
• Court: Tennessee Supreme Court

32 Tenn. 237

NELSON

v.THE STATE.

Supreme Court of Tennessee.

December Term, 1852.

The prisoner, a slave, the property of R. H. Hyde, was indicted in the criminal court of Rutherford county, for the murder of Sam, a slave, the property of R. H. Spann. At the January term, 1852, Turner, judge, presiding, there was a trial, when the following facts were proved:

“Blankenship saw Sam last, 20th of April of last year. Witness had lived with Spann two years, and worked with Sam. Sam was about thirty or thirty-two years old, and a stout man of his size. Last fall two years ago, Nelson and Sam, with other negroes, were together at a corn-shucking at the father's of witness. After the shucking was over they went into a shedroom to supper. Nelson took out a large pocket-knife and carved some of the meat with it, and went out with his knife open. After awhile he came in to where they were eating, again, and carved up more of the meat for the company, and then put his knife, shut up, into his pocket, and went out again. Some short time after, witness went into the yard and found Nelson swearing with his knife in his hand, behind him. Hudson took the knife out of Nelson's hand, and witness kicked him several times and drove him away. At the time Nelson was swearing, Sam was standing with his back to the house, his hands down, one foot placed back against the house, saying nothing, and about six or seven yards from Nelson. Seven or eight other negroes were in the yard, standing about, some of whom were between Nelson and Sam. Witness did not know who Nelson was swearing at--did not remember what Nelson said. Nelson said he wanted his knife; said it was his baling-knife. Witness kept the knife, and afterwards gave it to another of Hyde's negroes, but don't know that Nelson ever got it again. Upon cross-examination, said he never informed Nelson's master about what Nelson had done. Did not hear Nelson quarreling with any one, nor did witness see him offer to fight any person, at the time above spoken of. Nelson said, when his knife was taken away, he meant no harm.

Jim, slave, was at the corn-shucking at Blankenship's, last fall two years ago. As he went home, left about the same time with Nelson, and fell in company with him. Nelson said that Sam had caused Blankenship to take his knife from him, and to drive him away, and that he would have his revenge out of him if he lived. Nelson had been drinking. Witness was in the yard when Mr. Blankenship drove Nelson away; heard no quarrel between Nelson and Sam, or anybody else. Nelson said he had his knife out eating with it, and had not shut it up.

R. H. Spann said: About the 20th of June, 1845, he saw Nelson and another negro coming through a plantation. They were about twenty yards off from him. He heard the other negro propose to Nelson to go and see Sam. Nelson said he did not want to see Sam; that there had been a fuss between them, and he intended to kill Sam if it took him twenty years. Witness saw Sam after he was killed; he was found in the woods about 150 yards from the road. Sam's arms were bent, with his hands upwards. Then he heard Nelson say that he would kill Sam, witness was in the field, on Sunday. He was standing on one side of a string of fence; another fence was run to the one he was behind, at right angles, and both fences were between him and the negroes. They were walking towards the fence he was standing behind, and crossed it about twenty yards from witness; and when he first heard them they them they were about twenty yards from the fence they crossed. Does not know what other negro was with Nelson at the time. Did not hear any other part of the conversation. The negroes did not see him at all. He did not speak to them; and knew that it was about the 20th of June, from his recollection of the size of the cotton. Told no one except his uncle, R. H. Spann, or his great-uncle, Hyde, that he heard Nelson say he would kill Sam, until he told R. H. Spann, three months ago. Was present when Sam was found, but did not tell it. Was present with Blankenship, the prosecutor, and others, when Nelson was arrested, but did not tell what he heard Nelson say about killing Sam. Told his uncle, William Spann, next day after he heard Nelson have the conversation. Told Richard Spann, the owner of Sam, about three months ago, since the last court. Never told him before. Never told Blankenship until about three months ago. Witness lived in one-quarter of a mile of Blankenship, the prosecutor, and upon the plantation of his uncle, the owner of Sam. Saw some blood on Nelson's pants when he was arrested--one big splotch and another smaller one on his leg.

Andrew, slave, proved that on Sunday, the day that Sam was killed, he went to Richard Bland Vaughan's; that he found there Lack's Simon, McClary's Harkless, Haynes' George, House's Lewis, Nelson, the defendant, and Bob, or Pinn, the son of Simon; that soon after he got there Simon said he was going, or proposed to go, up in the cedars. Simon and Harkless had wives at Vaughan's. Lewis went off in another direction, and witness, Simon, Harkless, George Pinn, and Nelson started together by the spring, and met Sam at the getting-over place from the road, near the spring. Sam turned back with them. Witness was on his way home. When they got to near where Mr. Forbes lived, they met three other negroes, to wit, Haynes' Jack, Vernon's Sam, and Johnson's Charles. They met in the road, and the three last joined them; they turned out of the road by a near cut, where the road made a bend. They did not go more than 100 yards from where they turned out of the road, where they stopped. Whiskey was produced by some person--did not remember by whom--and they drank all around. Witness then left them, accompanied by Vernon's Sam, who separated from witness as soon as they got to the road. Witness then went along the road, west, to the house of a free woman of color, named Rachel, and stopped. Went asleep there, and stayed until about two o'clock, when he started home again, going west. About 100 yards west of Rachel's house he met with Nelson, who came along a path from the north side of the road; the path led through the woods. When Nelson came into the road that witness was travelling, he and witness were near each other, and both of them stopped. Witness saw some blood on the shirt-bosom of Nelson, high up, near the top of the breast, and some, a good deal more, on the leg of his pantaloons. Witness saw some blood on his face, and a scratch from which it came, just beneath Nelson's eye. They then separated; witness going along the road, and Nelson pursuing the path he was in, which crossed the road at the place where they met, and ran in the direction of Nelson's home. Witness stated that the whiskey was produced and drank where they stopped in the woods; that he did not stay longer than ten minutes; that no persons of the company went to Forbes' after whiskey, whilst he was there; that he was not there long enough for any person to have gone to Forbes' and back; that the three negroes who met them were coming along the road, from the direction of the free woman's house; they met in the road before they went into the woods; that when he left, no person but Vernon's Sam left the company with him; that he left all the other nine together, and did not see any of them but Nelson that day. Rachel and her two daughters were at home when he got there, but Rachel went away soon after witness got there, leaving her daughter; witness went there about twelve, and stayed until about two o'clock; went asleep sitting in a passage between the two rooms in the house; was sometimes awake and sometimes asleep, and saw no person there but the family, when he got there, whilst he stayed, or as he left. Witness stated Nelson told him how the blood came on him. Defendant, by his counsel, then asked the witness to tell what defendant said about the blood on his clothes. The state objected to the testimony; the objection was sustained, and the evidence was excluded by the court; to the exclusion of which testimony defendant, by his counsel, excepted.

Harkless, slave, said: I belong to Daniel McClary. I knew Sam, the deceased; he belonged to R. H. Spann; and I also knew Nelson, the defendant. I have a wife at Dick Blan Vaughan's. Andrew, George, Lewis, Simon, Nelson, Pinn, and myself, were at the house of Dick Blan Vaughan, Sunday. Nelson and Lewis started off together in one direction, and the others and myself started to the spring some short distance from the house, and there I first saw Sam, the deceased. Andrew, Simon, George, Pinn, Sam, and witness started up to the cedars, toward the meeting-house. We had gone some ninety yards in that direction when Nelson, the defendant, overtook us. We then went up into the cedars, and all the others remained there until Simon, Sam, and myself went to the house of one Forbes, to buy liquor. I think it was in the month of May. We got a quart of liquor at Forbes', and then went back to the place where we left the others; and when we got back there were three other negroes that come there about the time we returned, belonging to Haynes, Vernon, and Johnson. We handed the liquor around to the persons then present, ten in number, which was all drank, and soon after all the persons present left, except Simon, Nelson, Sam, and myself. In about fifteen minutes, Simon left Nelson, Sam, and myself alone; and in about the same length of time I left this place, leaving Nelson and Sam, the deceased, together alone. This was on Sunday, and on the next day, at the request of Richard H. Spann, Jr., I showed him and my master, Danl. McClary, the place where I had left Nelson and Sam, the deceased, on Sunday, the day before. There were signs of a scuffle at this place, and I there saw the hat of Sam in one place, and close to it there were two pieces of tobacco which Sam had on the Sunday spoken of; and about forty...