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From: sam & sheila< >
Subject: [GAFORSYT-L] Wildcat murder trials
Date: Mon, 17 May 1999 13:31:42 -0500 (CDT)
The first murder trials in Forsyth county which resulted in guilty
verdict's and hanging took place in Cumming in 1859 and 1860. Five men
were indicted for the murder by knifing of Claiborn Vaughn. The five
were Isaac Freeland, Jacob Pettyjohn, Levi Q.C.McGinnis, William Brannon
and James McGinnis. The murder took place in "Wildcat" while all were
drunk on 7 Aug 1858. Isaac Freeland was tried for first degree murder
and found guilty on 26 February 1859. He was sentenced to hang and that
sentence was carried out on 15 April 1859. Jacob Pettyjohn went on trial
on 16 April 1859 for second degree murder and on 23 April 1859 was found
guilty of murder in the second degree. He was sentenced to hang on 24
June 1859.Pettyjohn won a stay of execution on 21 May 1859. The case was
appealed to the Supreme court of Georgia and on 18 Aug 1859 the court
issued a decision that the lower court verdict be reversed and a new
trial be granted. Meanwhile, Pettyjohn, who was free on bond left the
county. He failed to appear in court August 1859 or February 1860.
Finally on 19 April 1860 all witnesses in the case were dismissed. ( It
should be noted that Pettyjohn had been previously elected Constable of
district 795 and had served with distinction) It was rumored that
Pettyjohn had escaped to Texas. When the Civil war started the case was
forgotten. More than a decade passed then the state initated action to
bring him back to Georgia for another trial. Col. Hiram P. Bell appealed
to Govenor Colquitt and the motion for extradition was dropped.
Pettyjohn had apparently served his country heroically during the Civil
war as a high ranking Confederate officer.(More on Jacob Pettyjohn
later). Bill Brannon and Jim McGinnis were tried jointly. They were
found guilty of involuntary manslaughter and sentenced to three years
hard labor. Levi Q.C.McGinnis was tried and found guilty of second
degree murder and on April 21 1860 was sentenced to hang on 15 Jun 1860.
Levi's case was appealed but it was not overturned so he was executed on
15 March 1861.The murder and following murder trials rocked the entire
county and tore apart the lives of all concerned which included the
families, neighbors and friends. Recently new information has been
uncovered concerning Jacob Pettyjohn. He was found on the 1860 Clay Co,
Texas census and shown as being a member of an elite Company of the
Texas Rangers. It was verified with Texas state archives that he served
under Capt William C. Dalrymple during the period of 23 January 1860
thru 13 October 1860 in the Mounted Texas Rangers on the Texas frontier.
Pettyjohn is next found in Webberville, Texas where on 16 April 1861 he
joined Company "A" of McCullough"s 1st Texas Cavalry Regiment, mounted
Rifles for one year. Numerous Pettyjohn's served with distinction during
the Civil war, some giving their lives. This article will be updated as
facts are presented. For further information or to provide additional
information, contact Sam Anderson-Email
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