Lenoir County, NC - STATE vs JOHN TILGHMAN

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STATE vs JOHN TILGHMAN  North Carolina Supreme Court Case #6724  NC 
Archives, Raleigh, NC.  Source provided by Roger Kammerer and abstracted by 
Martha Mewborn Marble. Original spellings retained.

NOTE:  Most Supreme Court Cases are disjointed and often many documents are 
not clear. I have tried to arrange this case in as readable form as possible.

Craven County Court on 4th Monday of September 1850  John L. Hawks, Solicitor, 
prosecuting. Def's attorney was William H. Washington. 

At Superior Court in Lenoir Co on 14 Oct. 1850 the case, State vs John Tilghman, 
was presented  John W. Ellis, judge, Richard W. King, Sheriff. Jurors were 
James W. Cox, foreman,  Thomas Hill, Newit Edwards, Alexander Hill, Edwin Taylor, 
Willis Rouse, Richard B. Waters, Lewis M. Loftin, Needham Moore, Amos Stroud, 
Jonathan Case, Joel Waters, Jr., Oliver Herring, Richard Hill, Barnett R. Howard, 
Philip Miller, Council B. West and Shadrack Hill

John Tilghman late of County of Lenoir not having the fear of God before his 
eyes, but being moved and seduced by the devil on the 15 Aug 1850  took a rifle 
worth 5 shillings, loaded it with gunpowder and one lead bullet  held it against 
Joseph Tilghman and shot him in the right side of the forehead a little above the 
right eye  it was a mortal wound and he died instantly. Both the deceased and 
the def lived in Lenoir County.

John Tilghman pled not guilty. Prosecutor said an impartial trial could not be 
held in Lenoir Co because the public had been predijuced (sic) in favor of the 
defendant  he understands the father and friends of the def will have 50 men to 
acquit the def  all the citizens of Lenoir who could serve on a jury have an 
opinion. Requested the trial be moved to Craven County. The following to be 
called as witnesses for the State  Peel Wilson, Thomas Hardee, William Wingate, 
Carroll Jackson, Doctor Thomas Woodley, Alexander Tilghman, Council Wooten and 
James B. Webb  each to be paid $2.00. Council Wooten for the appearance of 
Matilda Wooten; Wilson Tilghman for the appearance of Joseph Tilghman.

DEPOSITIONS

1. Joseph Wilson testified he knew the def and the dec  that afternoon the dec. 
parted with the witness at a hog pen on the land of the dec where he had gone to 
feed his hogs  the dec started towards his house about 400 yards distant and 
the wit went to resume his labor  in about 10 minutes he heard rifle fire  
went to investigate and saw the dec staggering to his house  had hat on his 
head  a few minutes later he heard an alarm at the house so he ran and saw the 
dec in his door bleeding and his wife cutting off his hair to stop the blood  
the dec had a wound on each side of his head and one in the forehead  wit 
started to Kinston about 7 miles away for a doctor  when going by the hog pen 
he saw a wallet with corn in it on the road and knew it belonged to the dec  
when he returned from Kinston, Tilghman was dec  the wit testified he saw 
footprints of a barefoot person pointing both ways between the wallet and the 
puddle of blood and the dec had on no shoes. The wit lived with the deceased 
as a labourer and said the dec told him the def had shot him before he died.  
The defense objected to this testimony and it was decided it could only be used 
as a declaration of the dec.

2. Dr. Woodley testified the dec was already dead when he arrived. He saw the 
def the same day and he had a wound through the right hand made with a knife. 
It cut an artery and he would have died if he had not seen a doctor.

3. Mrs. Susan Tilghman testified she was the widow of the dec; before he died 
he told her how to distribute his property  sell the land and keep the negroes  
she said the dec's brother, Wilson Tilghman, was present at that time. She also 
testified about the earlier fight and said the def threatened to tell his 
grandfather and the father of the dec about notes the dec held against him and 
said You know you got the land for nothing you bought from Grandfather.  the 
dec told his wife and the def that he had taken up several notes from John C. 
Washington upon his father, that it was done with his father's money and he 
acted as his agent  the dec said he held the notes uncancelled and intended to 
hold then against his father as though he had purchased them from Washington  
one note was for $500 and the widow said the def threatened to tell his 
Grandfather about the notes  the dec said he intended to kill his father 
before Sat. night  the dec and the def had another quarrel  the dec was a 
blacksmith and hid his gun there with the intentions of killing the def.

4. Wilson Tilghman stated he was the brother to the dec and the father to the 
def  said the dec was addled and spoke indistinctly. He stated the dec did not 
hear the rifle. 

5. All of the above stated the dec could not decide if he was going to live or die.

6. William Wingate stated he was at the house after the shooting and before the 
death and heard Wilson ask the dec what happened but they could not understand 
him  at some point the dec said the def told him he came to kill him but Wingate 
disputed this (not clear)  Wingate said he saw the def the same day at Council 
Wooten's and he was on the piazza bleeding  he also saw the knife exhibited in 
court  Wingate told the def that for $150 he would leave the county and not 
testify to what he had heard and seen.

7. Council Wooten testified he lived 400 yards from the road where the wallet 
and blood was found  he heard the rifle and 5 minutes later the def came to his 
house with the rifle  the def was bleeding

8. Carrol Jackson testified in July he was at the house of the dec when a 
controversy arose between two little girls about a brooch of cotton  both the 
dec and the def were there and had words  the dec threatened to kill the def.

9. (No first name) Cox testified the week before the dec said the def had abused 
him

The jury found the def guilty and sentenced him to be hanged on 6 June 1851 
between 10:00 am and 2:00 pm.  There was some question if the jury acted properly 
and if the wife could testify. A mistrial was called for and the case was 
appealed to the NC Supreme Court who turned them down.

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This file was contributed for use in the USGenWeb Archives by
Martha Mewborn Marble <mmarble@erols.com>
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