I first heard of this homicide when my great aunt, Mrs. Ella Martin Currie, of Raleigh related the story to me. Her father, G.M. Martin, was Sheriff at that time, and it really intrigued me when she told me of a dream Jasper Thornton’s mother had which revealed where her son’s body was buried in a shallow grave.
EVENTS LEADING UP
TO JASPER’S DEATH
On Sunday, May 14, 1899, Jasper attended morning services at Harmony Baptist Church. Likewise, the accused also was present. While at church, the accused discussed with Jasper the matter of Jasper selling him his horse and some cattle. After the eleven o’clock service ended, Jasper and the accused left the church with both riding Jasper’s horse. Jasper was employed at Cohay Camp just southwest of Raleigh and he generally came home every Sunday. He lived with his widowed mother, Mrs. Pernecie Smith Thornton. The accused returned about three hours later without Jasper, and he was riding Jasper’s horse. The accused stated that he had left Jasper in a certain old field and that Jasper was going to return to Cohay Camp.
On the next morning, the accused rode Japer’s horse to Mrs. Thornton’s house and told her that he had come after a cow he had purchased the previous day from Jasper. Mrs. Thornton invited him into her house and prepared breakfast for him. The widow believed the story of the accused and she allowed him to take Jasper’s cow.
Two weeks passed and Jasper failed to return home, and this caused his mother and other family members to become very worried and uneasy. Someone was sent to Cohay Camp to check on Jasper, and the individual was advised that Jasper had not been at work for the past two weeks. Jasper’s mother and family were horrified when they learned of his absence from work. They immediately concluded that Jasper had been murdered, and search parties of several hundred people were then formed.
The accused was questioned and he stated that he had left Jasper in the road at a certain old field after trading with him for the horse and cow, and that Jasper went one way and the accused went another. The accused told various accounts of his dealings with Jasper, and he was arrested by Smith County Sheriff G.M. Martin on June 2, 1899, and placed in the Smith County Jail. This was Sheriff Martin’s first of three terms to serve as Sheriff of Smith County.
Search party members concluded that Thornton had been murdered and his body concealed. News of this incident spread like wildfire throughout Smith County and central Mississippi, and men from all over Smith County came together to search for Jasper’s body. For fourteen days, from two to four hundred men searched the area near the Thornton home. Old fields and woods were searched, and it began to seem that this would be a fruitless search. However, the search party members were very determined and new arrivals continued to reinforce the group.
Circumstantial evidence was very strong against the accused and the people were very disturbed. Fearing mob violence, Sheriff Martin moved his prisoner to the Rankin County Jail at Brandon under the direction of Rankin County Sheriff G.W. White. A short time later, Sheriff White transferred the accused person to the State Penitentiary which was located on the site where the New Capitol Building is presently located. The Rankin County Sheriff had become very concerned that a mob of Smith Countians were going to storm his jail and take the prisoner. It should be noted that Thornton and the accused were both members of the white race.
On Thursday night in mid-June, 1899, Jasper’s mother had a very strange dream. She dreamed that her son had been murdered and had been found buried at a certain place between the Harmony Church and the Thornton home in the path of a hurricane of some few years previously. She also dreamed that his body was buried in a shallow grave. She related the dream early the next morning to her son-in-law, and requested him to have the search party to search the area she had dreamed about. A short time later, just as the dream revealed, Jasper’s body was found in the path of the hurricane and buried in a shallow grave.
A newspaper article gave the details of this event: “A telegram sent on June 14, 1899, from the Waco Community in Smith County announced that the body of Jasper Thornton, who has been missing from his home a month, has been found. Four weeks ago today, Thornton left his home to attend church at Harmony. That was the last seen of him by his family until Friday when his body was found buried two and a half feet in the ground. The remains were in such a horrible state that they could only be identified by the clothing....Between the Harmony Church and the Thornton home the hurricane of some years ago riddled the timber for a long distance, the track of the hurricane being two miles wide. Thursday night Mrs. Thornton dreamed that her son had been found buried at a certain place in the hurricane track. She related the dream to her son-in-law and requested him to search the place designated by the aged mother and found the body as above stated. Two bullet holes through the head told the story of murder....”
An individual who was a member of the search party reported: “It is stated that the following Thursday after the young man was murdered on Sunday, the accused was seen to come out of the hurricane track with a shovel. Many believed him to be the murderer before finding the body. Part of the murdered boy’s clothing was found nearby the long grave, and it is thought that, after committing the horrible deed, the murderer cut part of the clothing off the dead body thinking the buzzards would devour the flesh, and the body lay from Sunday until Thursday. The body was in a most horrible state, and there was very little flesh on the bones. It was identified by the clothing.”
EVENTS AFTER HIS ARREST
The defendant was scheduled to appear for his preliminary hearing at Raleigh, but it was continued until June 20, 1899. Sheriff White of Rankin County brought the Defendant to the hearing before Justice of the Peace Roberts from Beat One in Smith County. Several hundred people attended the preliminary hearing at the Smith County Courthouse.
At the preliminary hearing, Raleigh attorneys Edgar Gayle Robinson and John P. Edwards, represented the State, and Colonel Sidney L. McLaurin of Brandon represented the Defendant. The Defendant was bound over to await the action of the Grand Jury without bond. Circuit Judge John Enochs of Brandon would preside over the case, and the District Attorney, Sylvester McLaurin, would prosecute the Defendant. Incidentally, the District Attorney McLaurin and the Defense Attorney, Sidney McLaurin, were brothers, and both were born and reared in the Burns-Trenton area in Smith County.
GOVERNOR MCLAURIN
PREVENTS LYNCHING
Fever pitch feeling and tension was running very high among the citizens of the Harmony Church Community, and most of them wished to lynch the individual accused of murdering Thornton. Governor Anse McLaurin, a former Smith Countian, received information at the Governor’s Mansion in Jackson in mid-September 1899 that a large group of Smith Countians intended to lynch the accused when they had the opportunity. Governor McLaurin was advised that a well-defined plan had been made by the group to await the Defendant between Brandon and Raleigh as he was being transported from confinement to Raleigh for his trial. The mob intended to forcibly take him from Sheriff White of Rankin County, his deputies, and other accompanists. Immediately upon learning of this plan, the Governor left Jackson on Saturday and traveled to Brandon and left instructions for the Mississippi Rifles in Jackson to follow on the Sunday morning train to Brandon for the purpose of escorting the prisoner to Raleigh. Captain Toombs, Commander of the Mississippi Rifles, ordered his company out bright and early Sunday morning and marched them to the depot in Jackson. However, about ten minutes before the east bound Alabama & Vicksburg train arrived, the Governor’s private secretary, J.J. Coman, received from Governor McLaurin the following telegram:
“Brandon, Miss., September 10th, 1899
J.J. Coman, Jackson, Miss.:
Don’t send today. Have them ready to come any day this week. I will go to Raleigh this afternoon and will know when I reach there whether I will need them. A.J. McLaurin”
On receipt of this message, the company was disbanded to await further orders from the Chief Executive.
An article I found partially told of Governor McLaurin’s actions in an effort to prevent a lynching: “As Raleigh has no telegraphic communication from the outside world, it was impossible to get any news regarding the rumored mob during the day. Governor McLaurin’s purpose in going ahead was to meet the leaders of the mob, if possible, and endeavor to dissuade them from their purpose, and as he knew every man in the County, would undoubtedly be successful in the effort. The murder with which (the Defendant) is charged was one of the most cold-blooded in Mississippi criminal history. It is alleged that he murdered Thornton over a horse trade while the pair were enroute home from church, concealing the body in a stagnant pool in a nearby swamp. The headless trunk was discovered about two weeks later, and an eyewitness was found who stated that he saw (the Defendant) coming from the swamp two days after the crime was committed. Threats of lynching were indulged in at th time and it became necessary to remove (the Defendant) from the Brandon jail to the penitentiary walls. On account of ill health, he was taken back to Brandon about four weeks ago. The Mississippi Rifles are entitled to considerable praise for the manner in which they responded to the Governor’s call. The Company numbers forty men and thirty-three were in line when the march to the depot was made. The other seven were either sick or out of the city.”
Another article greatly praised Governor McLaurin for the action he took in this matter: “GOVERNOR’S ACTION..IS COMMENDED. Governor McLaurin accompanied a prisoner named (the Defendant) to Smith County where the latter is to be tried for the murder of Jasper Thornton. It was feared by the Governor that the people of Smith County would adopt violent measures and lynch (the Defendant) before the courts had an opportunity to try him. Governor McLaurin thinks that his presence will have the necessary influence to induce a respect for the law, but as a matter of precaution, he has the Mississippi Rifles under arms, ready to respond at a moment’s notice, should their services be needed. Governor McLaurin is to be commended. He should receive the hearty assistance of the good people of Smith County and of the entire state. This lynching business must be frowned down on unless we expect to return to worse than savagery....Governor McLaurin has set a good example and one which should be emulated....Governor McLaurin is to be commended for the part he has taken.”
A short time later, an article was written in early October 1899, which stated that it did not believe that the Defendant would live to have a trial. Circuit Judge Enochs had changed the venue of this highly-charged murder case from Smith County to the Ellisville district in Jones County on the ground that the Defendant could not receive a fair trial in Smith County. The Defendant was then released to the custody of Sheriff Hugh McManus of Jones County, and he was immediately placed in jail at Ellisville. The article read as follows: “(The Defendant), celebrated prisoner now in jail at Ellisville on the charge of murdering Jasper Thornton, and who was escorted from Brandon to Raleigh a few days ago by Governor McLaurin to prevent a lynching, expresses the opinion that he will not live to stand trial. (The Defendant) is in constant fear that a mob will come to Ellisville and lynch him, but officers ridicule the idea. He will be tried next month.”
HIS TRIAL
While awaiting trial, a jail break occurred at Ellisville and several prisoners escaped. However, the Defendant used very good judgment and for more reasons than one failed to leave. His trial had been continued from October 1899 until the November term in Ellisville. Judge Enochs postponed the case because of wide-spread sickness in Jones County which was placed under a quarantine by the proper officials. The Defendant greatly surprised the boarders at one of the Ellisville hotels by appearing there late on the night of December 4, 1899, and asking for Judge Enochs and District Attorney Sylvester McLaurin who were boarding at this hotel. He explained that the jail had been broken open by some of the prisoners and several had escaped. Sheriff McManus was sent for, and he found that the Defendant’s account was true. Judge Enochs and the sheriff allowed the Defendant to remain at the hotel in the custody of some of the boarders. He was later taken back to the jail during the night and told by Sheriff McManus to “make himself at home.”
The trial was set for December 5, 1899, at Ellisville, and on November 30, 1899, Judge Enochs sustained the Defendant’s motion for a Special Venire, and ordered Circuit Clerk Jesse M. Bush to draw and the Sheriff to serve fifty men to report for jury service on December 5.
On the date set for trial, Judge Enochs appointed E.S. Langford, B.W. Pickering, J.A. Vick, and Allen Boutwell as Special Bailiffs in this case.
The judge allowed very extensive voir dire, or questioning of the prospective jurors, by the District Attorney and the Defense attorneys, and December 5 and 6 was spent on jury selection.
On December 7, 1899, the trial began, and the twelve jurors chosen to try this case were D.F. Shows, J.M. Bush, H. Bryant, J.O. Kelly, M.J. VanSlyke, C.F. Varner, J.W. Powell, D.R. Pool, W.D. Knight, Joe Beech, W.W. Mitchell, and H.D. Jeffcoat.
Testimony began on December 7 and the jury returned their verdict on December 13, 1899. Court was held on Saturday, but not on Sunday. The attorneys gave their final arguments to the jury on December 12. The next day, Wednesday, December 13, 1899, the jury returned its verdict, and most people were greatly shocked. The verdict was, “We, the Jury, find the Defendant Not Guilty.” The Court thereupon released the Defendant “to go hence”.
A very large number of Smith Countians who lived in the Harmony Church vicinity were subpoenaed by the State to testify. Those who were subpoenaed by the state were John Thornton, Jesse Prince, John Jones, Wilbon Glisson, Alex Little, Mrs. Alex Little, Miss M. I. Glisson, Mrs. Ellen Glisson, H.O. Ainsworth, Will Tanner, Austin Little, Mrs. Anna Prince, Neil Ingram, Lev Ducksworth, Lafayette Glisson, Josh Lack, Will Lack, John Ainsworth, James Ford, Fayette Austin, William Ford, Joe Tanner, App Jones, Louis Glisson, Kate Ainsworth, Matthew Rankin, Franklin Ashley, Mrs. Franklin Ashley, W.D. Jones, William Bankston, Ed Stringer, L.B. Tillson, William Tillson, Smith County Sheriff G.M. Martin, J.W Bankston, Wiley Ainsworth, Tobe Smith, Albert Bryant, Hugh Smith, Jodie Johnson, W.L. Smith, Will Thornton, and Davis Ainsworth.
After the trial, Judge Enochs ordered the treasury of Smith County to pay Jones County Sheriff McManus $151.50 for himself and his bailiffs for their appearance in Court; to pay Jones County Circuit Clerk Jesse Bush $21.00 for his appearance in Court and $2.50 for drawing and issuing the venire; to pay the Court Stenographer, R.L. Peyton, $40.00; and to pay the cost of the jurors in the amount of $190.40.
Although the trial had ended, the newspapers continued to write of the trial and the verdict which they considered shocking. One newspaper wrote of the case: “(The Defendant), who was charged with the murder of young Jasper Thornton of Smith County,....was tried at Ellisville last week.... and acquitted after a several days trial. Truly it is more fortunate to be born lucky than rich. The evidence that we have read in the case, while circumstantial, was of a very damaging nature to the Defendant, and we would have considered him lucky had he escaped by neck unbroken.”
DEATH OF THE ACCUSED
Approximately four years after he had been acquitted in the murder case, the accused met his death in a shooting spree in Mize. A newspaper article described the circumstances surrounding his death: “They tell us that they had squally times in the town of Mize, located on the Laurel Branch of the Gulf and Ship Island Railroad, last Saturday evening. A number of men, as some call it, “took in the town and painted it red.” They began to collect about five o’clock in the evening and paraded the streets, often and on, till about seven o’clock. During which time they made the cartridges, bullets and shot from their pistols and guns fly in almost every direction-they were not careful as to which way they shot-which caused merchants and families to go into their houses, close doors, and let down window blinds. It is supposed that two or three hundred shots were fired. The shooting came to a close about seven p.m. when young (the accused) was killed. He was shot from close range with small shot-about twenty-seven of them entering his face, head and neck, knocking out a number of his teeth. This is Mr. (the accused) who was charged with the murder of Jasper Thornton in Smith County and tried in Jones County by a change of venue and acquitted about four years ago. No one else was hurt except Ben Little who has a black spot by the side of his eye made by a glancing ball.”
Another article had this to say about the accused: “Bad men” always come to grief. (The accused), who has terrorized communities in Smith and Covington Counties, and at whose door is laid two murders and several other suspects, was...shot and killed. Men who undertake to override all law and decency and set themselves up as a power of their own, may shine for awhile in their brutal glory but not for long. Death with their boots on and mourned by few is generally their end, just as it was (the accused).”
Another article stated, “(The accused) who trial for murder of a boy named Thornton interested Smith County’s residents several years ago, was shot at Mize Saturday night. A general fussilade resulted in the death of (the accused), the wounding of a woman and several others. Who shot (the accused) is as much a mystery as the identity of the man who killed Thornton, the crime for which this man was tried.”
The accused was then, like Thornton, buried in a rural Smith County cemetery. The truth of whether he murdered Jasper Thornton or not was also buried with him. However, it is very clear that the twelve jurors who heard the murder case found to their satisfaction that the State had failed to prove that the Defendant was guilty beyond a reasonable doubt.
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