John Ware (1871)

“THE INDICTMENT

United States of America, northern district of the State of Mississippi, district court,

June term, 1871.

The grand jurors of the United States of America, elected, empaneled, sworn, and charged to inquire in and for the northern district of Mississippi at the June term, 1671, of the district court of the United States of America, for the district aforesaid, in tho name and by the anthority of the United States of America, upon their oaths do present and find: That Benjamin Lumpkin, Thomas Malone, Andrew J. Crosby, Jasper Webb, Whitfield Pope, Clinton Ross, John Porter, Stephen Crosby, David Studdith, John Studdith, Samuel Studdith, William D. Walton, Robert Mays, Barbour Quarles, William Butler, Jacob Longhridge, J. Plummer Willis, Dudley Hutchinson, James Neeland, John Roberts, Addison J. Roberts, Thomas J. Ford, John Ware, George E. Howell, Henry McNeice, Michael Forshee, Jeffersou Willis, and Burrill Willis, of the northern district aforesaid, on the twenty-ninth day of March, in the year of our Lord eighteen hundred and seventy-one, in the northern district aforesaid, and within the jurisdiction of this court, did, among themselves, unlawfully, wickedly, and corruptly, band together, and did then and there, with force of arms, go in disguise on the premises of one Alexander Page, who was then and there a citizen of the United States of America aforesaid, and who was a man of color, and who at one time had been a slave in said United States of America, but was then and there a freedman by the Constitution of the said United States of America, entitled to the protection of his life, liberty, and property, with intent then and there to injure, oppress, threaten, and intimidate him, the said Alexander Page, and with intent then and there to hinder and prevent him, the said Alexander Page, in the protect ion of his life and liberty so secured to him by the said Constitution of the United States of America, and upon him, the said Alexander Page, freedman as aforesaid, and with the intent aforesaid, then and there make an assanlt, and him, the said Alexander Page, then and there did beat, wound, and illtreat, and thereby then and there did hinder him, the said Alexander Page, in the protection of his life and liberty so secured to him by the Constitution aforesaid. And the grand jurors, upon their oaths as aforesaid, do further present and find: That the said Ben jamin Lumpkin, Thomas Malone, Andrew J. Crosby, Jasper Webb, Whitfield Pope, Clinton Ross, John Porter, Stephen Crosby, David Studdith, John Studdith, Samuel Studdith, William D. Walton, Robert Mays, Barbour Quarles, William Butler, Jacob Loughridge, J. Plummer Willis. Dndley Hutchinson, James Neeland, John Roberts, Addison J. Roberts, Thomas J. Ford, John Ware, George E. Howell, Henry McNeice, Michael Forshee, Jefferson Willis, and Burrill Willis, in the district aforesaid, on the twenty-ninth day of March, in the year of our Lord eighteen hundred and seventy-one, and whilst they were then and there so beating, wounding, and ill-treating him, the said Alexander Page, freedman as aforesaid, and while he was then and there entitled to the protection of his life and liberty aforesaid, and in the peace of God and of the United States of America, then and there being, as aforesaid, willfully, felonously. and of their malice aforethought, in and upon him, the said Alexander Page, did make an assanlt, and with a rope about the neck of the said Alexander Page, then and there felonously, willfully, and of their malice aforethought, they did put, fasten, and bind, and with the said rope about the neck of the said Alexander Page, freedman as aforesaid, so by them put, fastened, and bound him, the said Alexander Page, freedman as aforesaid, then and there felonously, willfully, and of their malice aforethonght, did choke and strangle, of which said choking and strangling the said Alexander Page then and there instantly died. And so the jurors aforesaid do say that the said Benjamin Lumpkin, Thomas Malone, Andrew J. Crosby, Jasper Webb, Whitfield Pope, Clinton Ross, John Porter, Stephen Crosby, David Stnddith, John Stnddith, Samnel Stnddith, William D. Walton, Robert Mays, Barbour Quarles, William Butler, Jacob Loughridge, J. Plummer Willis, Dndley Hutchinson, James Neeland, John Roberts, Addison J. Roberts, Thomas J. Ford, John Ware, George E. Howell, Henry McNeice, Michacl Forshee, Jefferson Willis, and Burrill Willis, in manner and form aforesaid, the said Alexander Page, freedman aforesaid, felonously, willfully, and of their malice aforethought, did kill and murder, contrary to the provisions of the Constitution of the United States of America aforesaid, and against the peace and dignity of the United States of America.

2d. And the grand jurors, upon their oaths, do further present and find that tho said Benjamin Lumpkins, Thomas Malone, Andrew J. Crosby, Jasper Webb, Whitfield Pope, Clinton Ross, John Porter, Steven Crosby, DavidStuddith, John Studdith, Samuel Studdith, William D. Walton, Robert Mays, Barbour Quarles, William Butler, Jacob Loughridge, J. Plummer Willis, Dndley Hutchinson, John Neeland, John Roberts, Addison J. Roberts, Thomas J. Ford, John Ware, George E. Howell, Henry McNeice, Michael Forshee, Jefferson Willis, and Burris Willis, of the northern district aforesaid, on tho twenty-ninth day of March, in tho year of our Lord eighteen hundred and seventy-one, in the northern district aforesaid, and within the jurisdiction of said court, with force and arms, did among themselves unlawfully, wickedly, and corruptly, hand and conspire, and agree together, and did then and there go in disguise on the premises of one Alexander Page, in the peace of God and the United States of America, then and there being, and who was then and there a citizen of the United States of America, and who was then and there a man of color, and who had at one time prior thereto been a slave in the said State of Mississippi, and in the United States of America, and who was then and there a freedman, and who was then and there, by the laws of the United States of America, entitled to the benefit of personal security, with intent then and there to injure, oppress, threaten, and intimidate him, the said Alexander Page, and with intent then and there to hinder and prevent him, the said Alexander Page, in the enjoyment of personal security, so secured to him by the laws of the United States aforesaid, and upon him, the said Alexander Page, freedman aforesaid, and with the intent aforesaid, then and there did make an assault, and him, the said Alexander Page, did then and there beat, wound, and ill-treat, and thereby then and there did hinder and prevent him, the said Alexander Page, freedman as aforesaid, in the enjoyment of bis right of personal-security, so secured to him by the laws of the United States of America. And the grand jurors aforesaid do further present and find that Benjamin Lumpkin, Thomas Malone, Andrew J. Crosby, Jasper Webb, Whitfield Pope, Clinton Ross, John Porter, Stephen Crosby, David Studdith, John Studdith, Samuel Studdith, William D. Walton, Robert Mays, Barbour Quarles, William Butler, Jacob Loughridge, J. Plumber Willis, Dudley Hutchinson, James Neeland, John Roberts, Addison J. Roberts, Thomas J. Ford, John Ware, George E. Howell, Henry McNeice, Michacl Forshee, Jefferson Willis, and Burrill Willis, in the district aforesaid, on the twenty-ninth day of March, in the year of our Lord eighteen hundred and seventy-one, and whilst they were then so beating, wounding, and illtreating him, the said Alexander Page, freedman as aforesaid, and whilst he was then and there in the enjoyment of the right of personal security aforesaid, and in the peace of God and of the United States of America, then there being as aforesaid, feloniously, unlawfully, and of their malice aforethought, and in and upon tho said Alexander Page did make an assanlt, and that the said Benjamin Lumpkin, Thomas Malone, Andrew J. Crosby, Jasper Webb, Whitfield Pope, Clinton Ross, John Porter, Stephen Crosby, David Studdith, John Studdith, Samuel Studdith, William D. Walton, Robert Mays, Barbour Quarles, William Butler, Jacob Loughridge, J. Plummer Willis, Dndley Hutchinson, James Neeland, John Roberts, Addison J. Roberts, Thomas J. Ford, John Ware, George E. Howell, Henry McNcice, Michacl Forshee, Jefferson Willis, and Burrill Willis, of the northern district aforesaid, on the twenty-ninth day of March, in tho year of our Lord eighteen hundred and seventy-one, in the northern district aforesaid, with a rope about the neck of the said Alexander Page, then and there feloniously, willfully, and of their malice aforethought, did put, fasten, and bind, and the said Benjamin Lumpkin, Thomas Malone, Andrew J. Crosby, Jasper Webb, Whitfield Pope, Clinton Ross, John Porter, Stephen Crosby, David Stnddith, John Stnddith, Samnel Stnddith, William D. Walton, Robert Mays, Barbour Quarles, William Butler, Jacob Loughridge, J. Plummer Willis, and Burrill Willis, with tho said rope about tho neck of the said Alexander Page, freedman as aforesaid, put, fastened, and bound the said Alexander Page, freedman as aforesaid, then and there feloniously, willfully, and with their malice aforesaid, did choke and strangle, of which choking and strangling the said Alexander Pago then and there instantly died. And the jurors aforesaid upon their oaths aforesaid, do say that the said Benjamin Lumpkin, Thomas Malono, Andrew J. Crosby, Jasper Webb, Whitfield Pope, Clinton Ross, John Porter, Stephen Crosby, David Studdith, John Studdith, Samuel Studdith, William D. Walton, Robert Mays, Barbour Quarles, William Butler, Jacob Loughridge, J. Plmumer Willis, Dudley Hutchinson, James Neeland, John Roberts, Addison J. Roberts, Thomas J. Ford, John Ware, George B. Howell, Henry McNeice, Michacl Forshee, Jefferson Willis, and Burrill Willis, in manner and form aforesaid, the said Alexander Page, freedman aforesaid, feloniously, willfully, and of their malice aforethought, did kill and murder, against the form of tho statute in such case made and provided, and against the peace and dignity of the United States of America.

G. WILEY WELLS, United States District Attorney, Northern District Mississippi.”

Reference Data:

Congressioanl Edition, Vol. 1495, by United States Congress, 1872, pages 938-9


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