State of Missouri v. Celia

State of Missouri
County of Callaway ss

David Newsom being duly sworn says he has reason to believe and does believe that on or about the 23' day of June AD 1855 at the County of Callaway aforesaid Robert Newsom late of said County was feloniously and wilfully murdered and this affiant has cause to suspect and believe and does suspect and believe that one Negro Woman named Celia a slave of the said Robert Newsom did at the County aforesaid feloniously, wilfully, and of her malice aforethought, with a club or some other weapon striek and mortally wound this said Robert Newsom of which wound or wounds the said Robert Newsom instantly died.

David Newsom

Sworn to & Subscribed before us this 25th day of June AD 1855
D. M. Whyte J.P.
Isaac P. Howe J.P.

State of Missouri
County of Callaway ss

To the Constable of Fulton township in Callaway County Greeting

Whereas complaint has been made before us that Celia a slave on or about the 23rd day of June 1855 did at the county of Callaway aforesaid feloniously and wilfully of her malice aforethought, with a club or some other weapon strike and mortally wound Robert Newsom of said County aforesaid of which wound or wounds the said Robert Newsom instantly died. Therefore we command you to take the body of her the said Celia if she be found in the said County of Callaway and bring her forthwith before the undersigned Justices of the Peace in and for the township of Cedar in Callaway County at the late Residence of Robert Newsom in the township of Fulton in said County then and there to answer the complain and hereof fail not.

Given under our hands this 25th day of June AD 1855.
D. M. Whyte J.P.
Isaac P. Howe J.P.

At the risk and request of the prosecutor I authorize Jefferson W. Lynes to execute and return this writ.
D. M. Whyte J.P.

Served the within writ as I am within commanded by taking the body of the within named defendant who is now in my custody and present before the Court.

J. W. Lynes

Sworn to & Subscribed before us this 125th day of june AD 1855
D. M. Whyte J.P.

The State vs Celia a slave
Warrant

The State of Missouri Pltff
vs
Celia a slave defendant

June 25th 1855
In an action for Murder before D. M. Whyte and Isaac P. Howe

William F. Powell being produced and sworn on the part of the state deposeth and saith hearing on the 24th day of June 1855 that Mr. Robert Newsom was missing. I went over to his house with other neighbors to assist in searching for him. After looking about for him, I asked his Negro Boy George where he thought he was, he stated that he did not believe it was worthwhile to hunt for him anywhere except close around the house, for he had reasons to believe he was not far off. I told him he had better go and show us the old man if he knew where he was, he stated he believed the last walking he done was along this path, pointing to the path leading from the house to the Negro Cabin. From the statements of George, I believed he had been destroyed in the Negro Cabin. I went to the Cabin with others to search but we made no discovery. After searching we called up Mr. Robert Newsom's Negro Woman named Celia and asked her if she knew where her master was She first denied knowing anything of him, but finally acknowledged that she had struck him on the head with a stick and knocked him down and then struck him once after he was down. She said she found out she had killed him and thought she would throw him out at the door, but got afraid she would be hung for it, and concluded she would try and burn him up so that he could not be found. She said she burnt him in the Negro Cabin with one stick of wood and some boards. She said she found she could not entirely consume the bones. She punched[?] them to pieces and got Coffee Wainscott, Mr. Newsom's Grandson, to help her carry the contents of the fire place out and empty them by the side of the path running from the Negro Cabin to the Stable. Myself and others then went and examined the said ashes and contents and found bones. The bones here presented was part of them that I saw in the said ashes which I believe to be the bones of Mr. Robert Newsom as we found them where she said she had put them. She said there was no person at the Cabin that night but Mr. Robert Newsom and her children and that she had no assistance in killing him.

Wm. F. Powell

Sworn to & Subscribed before us this 25th day of June AD 1855
D. M. Whyte J.P.
Isaac P. Howe J.P.

James C. Wainscott being produced and duly sworn on the part of the State deposeth and saith that it was after broad daylight when he helped Celia take the ashes out of the fireplace in her Cabin on Sunday Morning of June the 24th 1855. That she called me from the cherry tree where I was gathering cherries and said if I would help her carry the ashes out of her fireplace in her Cabin, she would give me two dozen walnuts. We carried them out and emptied them on the right hand side of the path leading from the Cabin to the Stable. I did not notice any bones in the ashes when we emptied them out.

James C. Wainscott
his x mark

Sworn to & Subscribed before us this 25th day of June AD 1855
D. M. Whyte J.P.
Isaac P. Howe J.P.

Celia a slave the defendant being examined says that on the night of the 23rd day of June 1855 she killed Mr. Robert Newsom, her master, by striking him on the head twice with with a stick about two hours after dark. After she found she had killed him she put his body on the fire in her Cabin to burn it up. The bones were not entirely consumed by morning and after daylight in the morning, she took the ashes and pieces of bones up out of the fireplace and emptied them on the right hand side of the path leading from her Cabin to the stable. She stated she did not intend to kill him when she struck him but only wanted to hurt him.

We hereby certify that the above is the testimony of Celia a slave taken before us on the trial of a case wherein the State of Missouri is Plaintiff and the said Celia is defendant on the 25th day of June A.D. 1855.

D. M. Whyte J.P.
Isaac P. Howe J.P.

We do hereby certify that the foregoing is the evidence taken in the case of the State of Missouri against Celia a slave on the 25th day of June AD 1855.

D. M. Whyte J.P.
Isaac P. Howe

Witnesses in the case of the State
vs
Celia a Slave

Filed 28th June 1855
Geo. Bailly Clk

In the Callaway Circuit Court
August Term 1855

State of Missouri
County of Callaway

The Grand Jurors for the State of Missouri for the body of the County of Callaway upon their oaths present that Cecly otherwise Celia otherwise Celia Newsom a slave late of the County of Callaway aforesaid on the twenty third day of June in the year one thousand eight hundred and fifty five at the County of Callaway aforesaid in and upon one Robert Newsom, in the peace of the state then and there being, feloniously, wilfully, deliberately, and premeditatedly and of his malice aforethought did make an assault, and that the said Cecly otherwise Celia otherwise Celia Newsom then and there with fore and arms and with a large piece of wood which she the said Cecly otherwise Celia otherwise Celia Newsom in her right hand then and there had and held, him the said Robert Newsom in and upon the head of him the said Robert Newsom feloniously, wilfully, deliberately, premeditatedly and of her malice aforethought did strike and beat giving him the said Robert Newsom by such striking and beating divers mortal bruises and contusions in and upon the head of him the said Robert Newsom; of which said mortal bruises and contusions, he the said Robert Newsom did then and there instantly die. And so the Jurors aforesaid upon their oaths aforesaid do say that the said Cely otherwise Celia otherwise Celia Newsom, him the said Robert Newsom on the day and year aforesaid at the County of Callaway aforesaid in manner and form aforesaid feloniously, wilfully, deliberately, premeditatedly and of her malice aforethought did kill and murder, against the peace and dignity of the state.

And the Jurors aforesaid upon their oaths aforesaid do further present that the said Cecly otherwise Celia otherwise Celia Newsom, a slave, on the twenty third day of June in the year one thousand eight hundred and fifty five with force and arms at the County of Callaway aforesaid in and upon one Robert Newsom in the peace of the state then and there being feloniously, wilfully, deliberately, premeditatedly and of her malice aforethought did make an assault, and that she the said Cely otherwise Celia otherwise Celia Newsom, him the said Robert Newsom did then and there feloniously, wilfully, deliberately, premeditatedly and of her malice aforethought did cast, throw, and push into a certain large fire then and there situate and did then and there hold him the said Robert Newsom in the said fire, by means of which said casting, throwing, pushing, and holding of him the said Robert Newsom in the fire aforesaid by the said Cely otherwise Celia otherwise Celia Newsom in form aforesaid, he the said Robert Newsom, in and with the force aforesaid was then and there choaked, suffocated, and burned, of which said choaking, suffocating, and burning he the said Robert Newsom did then and there instantly die; and so the Jurors aforesaid upon their oaths aforesaid do say that she the said Cely otherwise Celia otherwise Celia Newsom, him the said Robert Newsom on the day and year aforesaid at the County of Callaway aforesaid in manner and form last aforesaid did feloniously, wilfully, deliberately, premeditatedly and of her malice aforethought did kill and murder, against thepeace and dignity of the state.

R. G. Prewitt, Circuit Attorney

State vs Celia a Slave
In the Callaway Circuit Court October Term 1855

The defendant moves the Court to set aside the Verdict of the Jury in the above entitled cause and gran a new trial for the following reasons.

1st. Because the Court accorded irrelevant, illegal and incompetent testimony to go to the Jury in behalf of the State.

2nd. Because the Court excluded from the consideration of the Jury legal, competent and relevant testimony offered by defendant.

3rd. Because the Court refused to allow each, all and every of the instructions as prayed for by the defendant. 

4th. Because the Court granted and allowed illegal instructions as to the law of the case at the instance of the State.

5th. Because the Court refused to give to the Jury legal instructions as to the law of the case prayed for by defendant.

6th. Because the Verdict of the Jury is against the weight of the evidence, and contrary to the law and evidence.

7th. Because the Verdict is defective, irregular & informal.

Jameson, Kours & Boulware
Attys for Defendant

State vs Celia

Motion to Set aside Verdict & Grant new trial

Filed 11th Octo 1855
Geo. Bailly Clk

We the jury find the defendant guilty of murder in the first degree.

W. J. Selby
foreman

The State of Missouri
Against
Celia, a Slave

In the Callaway Circuit Court, October Term, 1855.

Be it remembered that on the trial of the abovementioned cause in said Court, the Jury were empanneled & sworn to try the issue whether Defendant was guilty of the crime of murder charged against her, & that she having pleaded not guilty to said charge and answered[?] herself ready for trial, & put herself upon her God & her County, the following witnesses were introduced on the part of the State to testify against her.

Jefferson F. Jones, being sworn, stated on his examination in chief:

I went to the jail to converse with Celia (defendant) at the request of several citizens. The object of my conversation was to ascertain whether she had any accomplices in the crime. This was 8 or 10 days after she had been put into the jail. I asked her whether she thought she would be hung for what she had done. She said she thought she would be hung. I then told her to tell the whole truth. She said the old man (Newsom, the deceased) had been having sexual intercourse with her. That he had told her he was coming down to her cabin that night. She told him not to come, and that if he came she would hurt him. she then got a stick and put it in the corner. He came down that night. There was very little fire in the cabin. When she heard him coming, she fixed the fire to make  a little light. She said his face was towards her and he was standing talking to her when she struck him. He did not raise his hand when she went to strike the first blow but sunk down on a stool towards the floor. Threw his hands up when he sunk down. She struck him with one hand - her right hand. The stick with which she struck was about as large as the upper part of a windsor chair, but not as long. She thought she did not kill him the first blow at the time of striking, but thought now that the first blow must have killed him. She said she struck the second blow because he groaned & she was afraid he was not dead. His face was towards her when she struck. 

I told her that it had been said that she had said she struck the old man while he was getting in at the back window of her house, and that he had fallen back on the outside. She answered that she had said so, but was in a state of excitement at the time, and that she had told two (or three) stories about it. Said he was standing in the middle of the room when she struck. 

I asked her whether she had told anyone that she intended to kill the old man. She said that she never had. I told her that George had run off, and that she might as well tell it if he had had anything to do with killing the old man. She said that George need not have run off, for that he knew nothing about it. I asked her if George had advised her to kill the old man. Said he never had. Said that George had told her that he would have nothing more to do with her if she did not quit the old man. Said that George had been staying with her. She said that after she had killed him, the body laid a long time - she thought an hour. She did not know what to do with it. Said she thought she would try & burn it. She put the body on the fireplace and kindled the fire over & around it with some staves that were made for hogs-heads, and were in the yard. She burned the body up, and put some of the bones under the hearth, and under the floor between a sleeper & the fireplace. She said she took out the ashes before day. I don’t recollect where she said she put the ashes. It was late when he came down, late bedtime. She doubled him up when she put him on the fireplace.

Cross-Examined by the Defense

She said the old man had had sexual intercourse with her. Her second child was his. The deceased bought her in Audrain County. Can't say positively whether Celia said the deceased had forced her, on the way home from Audrain County. have heard that he did, but do not know with certainty whether she told me so. Said she was about nineteen years old at the time we were conversing. The stick with which she struck was about as large as the top part of the back of a windsor chair, but not so long. She turned round in her chair to show me the size of the stick. Not so long as the part above the seat of the chair. Said she struck with the right hand on the right side of his head. I asked her if she did not know that she could not have struck him as she said, and if George had not struck the old man from behind. She said that he did not, that he knew nothing about it, & was not there at the time. . . . 

William Powell being sworn, states as follows:

I was at Newsom's house the day the bones were found. I found the bones not far from the cabin. I did not see any bones found anywhere else. The bones were found in the ashes. I think these are the bones found. I saw three or four persons picking up bones. I did not see any bones got from out of the cabin. I was there on the fourth Sunday in June. Celia was at the house. Robert Newsom lived in this county. I found the bones where Celia said I would find them.

Cross-Examined by Defence.

I was at Newsom's about 10 o'clock on the morning after he was missing. There were other persons there. I did not examine the room he slept in. Don't recollect of having noticed the bed. I had been there sometime. I went into the cook-house where Celia was. I told her she knew where her master was, that George had said enough to make me believe she knew where he was. She denied it. Said she knew nothing about him. I told her that it would be better for her to tell, that her children should not be taken away from her if she would tell, and that I had the rope provided for her if she did not  tell. She still refused to make any confession. At last she said he came to the back window of her house and that she struck him, and he fell back on the outside, and that she saw nothing more of him. Refused for some time to tell anything more; but said at length that if I would send the two men out of the room, she would tell me. They went out. She said he came into the house - think she said he came in at the door & was talking to her when she said she struck him twice. She became alarmed. Said she became afraid she would be hung for it, and thought she would try to burn him. She got a stick of wood and laid it on the fire, and got some stones for hogsheads near the cabin. She said it was bedtime, or about 10 o'clock when he came down to her house. She said she had made threats. Said she threatened him that she would hurt him, not to kill him. She said she intended to hurt him, not to kill him. I asked her if she had told anyone she would hurt him. Said she had told the white family. She said she threatened that she would hurt him if he did not quit forcing her while she was sick. I do not know what her condition was as to health. Had heard she was sick. Do not know that she was pregnant. Judge from her appearance that she was. She said she did not intend to kill him. Struck twice but did not intend to kill. . . .

The case having then been argued by Counsel for State & defendant, the Jury retired to consider of their verdict, after which they returned with the following verdict (here insert the verdict). Defendant then moved the Court to set aside said verdict, & grant a new trial. (here insert motion for a New Trial) which motion was over-ruled by the Court, to which opinion of the Court, in over-ruling said motion, Defendant objected & excepted.

Wm H Hall

State
vs
Celia a slave

Bill of Exceptions

Filed 13th Octo 1855
Geo. Bailley Clk

In Supreme Court of Missouri at St. Louis, October Term 1855.

State of Missouri
v.
Cely, otherwise Celia, otherwise Celia Newsom a Slave

In the Callaway Circuit Court.

The prisoner having been found guilty of Murder in the first degree and sentenced to be hung. Having also prayed for an appeal to the Supreme Court, which was granted; but which was without any order of the Circuit Court for a stay of execution. And having by her counsel presented to the Supreme Court, now in session in St. Louis, a copy of said record praying that an order might be made staying the execution of the sentence of the Court until the appeal might be heard in the Supreme Court at the next term thereof in January next, at Jefferson City. Upon an examination of the record and proceedings of the Circuit Court of Calloway County in the above case, It is thought proper to refuse the prayer of the petitioner: there being seen upon inspection of the record aforesaid no probable cause for such appeal; nor so much doubt as to render it expedient to take the Judgment of the Supreme Court thereon. It is therefore ordered by the Court, that an order for the Stay of the execution in this case be refused.

The State of Missouri ss.

I William S. Glanville, Clerk of the Supreme Court of the State of Missouri at Saint Louis, certify that the foregoing is a full and perfect transcript of the decision and order of said Court in the case first above stated, as rendered on the fourteenth day of December in the year Eighteen hundred and fifty five. 

Witness my hand and the seal of said Court, at Office in St Louis, this fourteenth day of December, A.D. Eighteen hundred and fifty five.

Wm. S. Glanville, Clerk.

Filed 18th Decr 1855
Geo. Bailly Clk

A Bill of Costs in the Case of the State of Missouri against Celia a slave Indicted For Murder in the first degree, convicted, sentenced & Hung, in the Callaway Circuit Court. . . .

Medical attendance of prisoner during sickness & delivery of her dead child by Dr. Colton[?] attended by Court . . .