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Title:[Murder Indictment] 1847 Jun. State of Tennessee versus Burnell : a machine readable transcription of an image
Author:State of Tennessee

This work is the property of the Tennessee State Library and Archives, Nashville, TN. It may be used freely by individuals for research, teaching, and personal use as long as this statement of availability is included in the text. For all other use contact the Tennessee State Library and Archives, 403 Seventh Avenue North, Nashville, TN 37243-0312. (615) 741-2764.

Date: June, 1847
Extent: 4p
Summary:This is an indictment for murder dated June, 1847. The alleged murder is said to have occurred after an argument that ensued between two men following an evening of drinking cider, and the intentional damage of personal property.
Collection:Fitzgerald - Williams - Greer papers

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State vs [versus] Burnll [Burnell] Indictment for murder June term circuit court 1847

Be it remembered that on the trial of this cause the attorney general for the state introduced witnesses who proved that the deceased William Fruman together with several others went to [added: on the 26th of october December 1846] the house of the defendant, that they drank some cider then; chat awhile they mov then A hole was cut in hat decased [deceased] said he would give five dollars to know who cut it the hat of the decased, that he suspected the defendant [unclear: and then ] Israel that defendant denied cutting his decds [deceased] hat of cutting it that some time after they all got on their horses to start home that deceased alighted from his horse walked up to the defendant who was in his yard some few steps off with a small walking stick in his [added: hand] One that he usually carried that deceased held the stick about the middle and lightly laid it upon the shoulder of the defendant saying to him that if he knew he cut his hat that he would give him that stick thereupon the defendant stouped [stooped]

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down a picked up a large piece of oak timber about two or three inches square and four & a half or five feet long, larger at each end, and struck the deceased a blow on the forehead which knocked him down, that deceased was apparently mad for some time but finally recoverd [recovered] from said blow so as to talk & complained of a severe pain in the back of the head that deceased remained sick and confined to his bed most of the time after said blow, and was some times a little delirious untill [until] he died which happened about 7th day of January 1847 that all this happened in the county of Weakley & state of Tennessee

Daniel B. Shaw a witness for the state moved that he had heard the defendant threaten to kill deceased three times within about six months before he give deceased said blow, that the last threat was made about ten days before deceased was struck } defendant as before set forth in this lieu of exceptions -

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that defendant stated at the time he made his threats to show that deceased had accused him of stealing molasses - Doctor Anderson stated that he was called to see deceased the night the blow was given[added: and made but a slight examination, of it] that a wound was inflicted on the forhead in length about an inch that the scull was not fractured, that contusion would some time produce death without without fracture of the scull that the pain in the back of the head was evidence that of contusion headof the Brain [added: that he did not consider the wound serious [added: at that time] deceased was drinking] Doctor Cuttlr [Cuttler] Stated that he was called to see deceased some there and visited him several times - or four days before his death, that he could not doubt [added: but] that the death of deceased was produced by contusion of the brain and by the wound that had been inflicted by the blow with killed piece of timber aforesaid that no post mortem examination was made that such examination would not be more than mere confirmatory evidence of the contusion that the wound was from an inch to one and a half inches long,

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Defendant introduced several witnesses who proved that they had known the defendant for many years that so far as they knew he was well behaved that they had not lived near him for sevral [several] years, the state moved that he had been [unclear: impatient ] upon to [two] or threeocasion [occasion] to white men, it was admitted that defendant was a free man of color,

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