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Records - Jefferson County, Georgia
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Letters
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Mary Brown
Letters -- Benjamin Franklin Brown Information
Newspapers
JUNE 25, 1875
JEFFERSON COUNTY TRAGEDY
(Herald and Georgian, June 24th, 1875)
On Wednesday of last week Judge Johnson convened a special term of Jefferson
Superior Court, to try the case of Mrs. Mary J. Whitaker, charged with killing
her husband, Joshua Whitaker, on the morning of the 3d inst. The grand and
special juries of the last regular term reported promptly, and Court was
opened at 10 o'clock. Judge Johnson stated the business that had called
them together, when the grand jury retired to consider the cause. After
an absence of about an hour they returned, and the Clerk read out: The State
vs. Mary J. Whitaker--Murder--True bill. Upon inquiring the Court ascertained
that the prisoner was without counsel, neither was any one interesting themselves
in her behalf. Col. Cain, it was stated, had visited her in prison and intended
defending her, but the loss of his greatly beloved wife the night previous
prevented his being there and performing his contemplated noble deed of
charity. The Court, therefore, appointed Judge Denny and Capt. Polhill,
Mr. Alexander volunteering with them, to act as counsel for the prisoner.
The State was represented by Solicitor-General John W. Robison. The sheriff
with assistants were then sent to the jail to bring the prisoner into Court.
We have seen many prisoners arraigned before a court of justice, but nothing
like this. From Thursday previous the prisoner, a delicate woman, had taken
no food or drink save perhaps a small quantity of milk the day previous.
She was brought in, borne by two men, who had absolutely to carry her, as
she could not, or would not, walk a step. Her eyes were closed as in deep
slumber, and she seemed to be perfectly unconscious of where she was or
what was going on. She was laid upon the floor, crouching rather, with her
face turned slightly downward. A pillow was brought and placed under her
head, but in a few minutes she drew her head off of it, and resumed her
former position. A jury being empanelled, the case was opened, and a general
plea of insanity filed by counsel for prisoner. The first witness introduced
by the State was a brother of Mrs. Whitaker, who stated that on the morning
of the homicide, about one hour before day, he was awakened by his mother,
who told him that something was the matter in the kitchen (occupied by Whitaker
and family), and that she was afraid to go in there. He got up, and could
hear groans in the kitchen. He procured a light and went in, and found Whitaker
with five deadly wounds in the head, inflicted with an axe. One eye was
closed. Witness spoke to the deceased, who looked at him with the eye that
was open, but never spoke. Whitaker died soon after. He, witness, did not
see his sister. He testified to the insanity of Mrs. Whitaker, at times,
for more that a year past. She made an attempt upon the life of her husband
more than a year ago, which witness prevented being carried into effect.
Deceased was kind to his wife, let her have her own way, as she was "strange".
Another witness corroborated to a considerable extent, what the previous
witness said. A third witness testified to the fact that insanity was hereditary
in the family. The grandfather was killed by a Negro while insane, and four
out of five of the family had been crazy. Two had been sent to the Asylum
and two had not. A clear case of insanity at the time of the homicide, the
time of the trial, and for more than a year past, was clearly proven. The
morning of the killing Mrs. Whitaker, who it seems fled, was found in a
field some six miles distant from her home. She was bare headed, had with
her; her three little children, a dog and a cat. The owner of the premises
induced her to go to the house where food was furnished her and the children,
and she was taken and carried back to her home, and thence to prison. The
case was submitted without argument, and the jury, without leaving their
seats, gave a verdict of insanity. She was ordered to be taken at once to
the Asylum at Midway, and we presume is there now. After the trial a number
of ladies came in and tried to rouse her up, but to no purpose, and they
left her where she was lying on the floor. None of her relatives seemed
to care anything for her, her mother was not even at the trial. Perhaps
she might have been providentially kept away; of this we know nothing. Mrs.
Whitaker, as we were told, is only about 22 years of age, and even in her
emaciated condition her features gave evidence of personal beauty. Taken
all together, it was the saddest case we have ever seen in a Court house.
(The above article was found on microfilm at the Augusta Regional Library,
Augusta, Georgia on October 4, 2001. The article came from the Daily Chronicle
& Sentinel dated June 25, 1875.
Researcher: Vivian Whitaker McBride
Dated: October 4, 2001
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