Friday, January 31, 2025

William A. Lankford charged: assault with intent to murder

In the mid-19th century, the community of Oglethorpe County, Georgia, witnessed a significant legal battle involving the Lankford family. The case of The State vs. William A. Lankford captured local attention as William faced trial for assault with intent to murder. His brother, Robert C. Lankford, was involved when ordered to ensure his court appearance. Key witnesses, such as Dr. William O. Cheney, played significant roles in the proceedings. This sketch explores the trial, the legal process, and the familial and community ties that influenced the outcome, revealing the challenges and dynamics of life in post-Civil War Georgia. William and Robert are my 4th great uncles, and their brother, James Meriweather Lankford, is my 3rd great grandfather.

The Grand Jury of Oglethorpe County, Georgia, consisting of Thomas A. Hutcheson as Foreman and other members such as Anderson Little, Matthew F. Jackson, Anthony Olive, and Mack H. Young, formally charged William A. Lankford with assault with intent to murder. The indictment specified that on August 16, 1865, in Oglethorpe County, William assaulted James V. Drake with an Enfield Rifle, a weapon likely to produce death. The Grand Jury alleged that William, with malice aforethought, intended to kill and murder Drake, thus violating the laws of Georgia. The indictment was signed by E. P. Edwards, Solicitor General, with James V. Drake listed as the prosecutor.

The Enfield Rifle was used during the American Civil War. The Model 1853 Enfield Rifle-Musket was a muzzle-loading rifle that saw extensive use by both Union and Confederate forces. The Confederacy imported many of these rifles from Britain due to a shortage of arms.


Pattern 1853 Enfield rifle-musket (public domain)

If William failed to provide bond, he was to be committed to jail for safekeeping. The warrant, signed and sealed by Solicitor General Edwards on October 18, 1866, was endorsed by W. M. Reese, the Judge of the Superior Court. The warrant was executed on March 16, 1867, by Sheriff J. W. English, who arrested William and brought him before Justice of the Peace George N. Boswell, who subsequently took bond and security from William.

On December 2, 1865, William and his brother Robert C. Lankford entered into an obligation before J. M. Young, a Justice of the Peace for Oglethorpe County. They acknowledged their indebtedness to James Johnson, Governor of Georgia, in the sum of $500, on the condition that William would make his personal appearance before the next Superior Court of Oglethorpe County to answer charges of assault with intent to murder. On the designated day, William was called to appear in court to address the charges, and Robert, as his surety, was also summoned to present William. Both parties failed to appear, resulting in a default judgment. Consequently, the court ruled that Charles J. Jenkins, successor to James Johnson as governor, could recover the sum of $500 from William and Robert, the amount of their forfeited obligation. This judgment was set unless they showed sufficient cause at the next term of the court, and a writ of Scire Facias (a legal order requiring the defendants to show cause why the judgment should not be made final) was ordered to issue. The Superior Court adjourned until the next session, with the judgment examined and found correct on October 19, 1866, by William M. Reese and George H. Lester, Clerk.

During the April 1867 term, a court order was issued commanding the sheriff, his deputy, or any lawful bailiff to arrest Dr. William O. Cheney and bring him before the court by 9 AM the following day to testify in the case. 

Cheney failed to appear in court and apparently refused to testify. In fact, a court order from the Oglethorpe Superior Court during the October Term of 1867 stated that Cheney, a key witness for the State, was subpoenaed to testify in the case. Cheney failed to appear in court as required. As a result, the court again ordered the sheriff to arrest him and bring him before the court by 9 o’clock the next morning to explain why he should not be punished for contempt of court. Both Robert and William Cheney lived in Bairdstown, a small community located in both Oglethorpe and Greene counties in Georgia. They were likely friends and neighbors, which could explain why Cheney may have been reluctant to testify. Years later, Robert and William Cheney would indeed have a family connection, although this connection would occur long after both were gone. Robert’s son, William Mell Lankford, married Nancy Ella Young in 1883. William and Nancy had a daughter named Pauline Lankford, born in 1899. In 1928, Pauline married Harold A. English, the son of Patrick M. English, born in 1874. Patrick’s father was Stephen English, who married Martha Sarah Cheney in 1849. Martha was the daughter of William Owen Cheney. Both Robert Lankford and William Cheney are buried at Bairdstown Cemetery, a small, well-kept community cemetery.

William appeared in court on October 24 and waived the formal reading of the charges (arraignment). He received a copy of the indictment and a list of witnesses before pleading “not guilty.” The Solicitor General, E. P. Edwards, represented the State. During the jury selection process, the initial pool of 24 potential jurors was exhausted. Consequently, the court ordered the sheriff to summon 10 additional people to serve as a new panel from which to select a jury, ensuring an indiscriminate and impartial selection of citizens from the county. On October 25, the court ordered that Lamar Cobb, Esq. be appointed to record the testimony given in this case. Twelve jurors were sworn in to serve. The jury members included J. B. Guest, E. H. Barnett, W. T. Griffith, John W. Kidd, George W. Smith, Joseph W. Tiller, George H. Day, J. R. Porter, William Tiller, Henry C. Smith, B. P. Taylor, and John M. Hawkins. After hearing the evidence and testimonies, the jury reached a unanimous decision and found William not guilty of the charges. John W. Kidd served as the foreman of the jury and delivered the final verdict to the court.

Looking back at my family tree, I discovered a man named James Drake who lived in Oglethorpe County. He married Sarah Catharine Arnold in 1856, and they had a son named Charles in 1871. Charles married Nancy Crawford Lankford around 1897. Nancy was the daughter of Curtis Caldwell Lankford, who was the brother of William, Robert, and James. Curtis also had a son named George Washington Lankford, who married Jessie Burton. George and Jessie had a daughter named Mattie Bell Lankford, who married Henry Thomas Burnette. Henry’s parents were Thomas Terrell Burnette and Elizabeth Jones, my great grandparents. I believe this is the same James Drake who William Lankford was accused of assaulting. It is fascinating how genealogical research uncovers such unexpected connections.

References

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