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MANAGING THE
INSIDER THREAT
No Dark Corners

Nick Catrantzos
Managing the
Insider Threat

No Dark Corners
Managing the
Insider Threat

No Dark Corners

Nick Catrantzos
CRC Press
Taylor & Francis Group
6000 Broken Sound Parkway NW, Suite 300
Boca Raton, FL 33487-2742

© 2012 by Taylor & Francis Group, LLC


CRC Press is an imprint of Taylor & Francis Group, an Informa business

No claim to original U.S. Government works


Version Date: 20120123

International Standard Book Number-13: 978-1-4398-7293-2 (eBook - PDF)

This book contains information obtained from authentic and highly regarded sources. Reasonable efforts have been made to
publish reliable data and information, but the author and publisher cannot assume responsibility for the validity of all materials
or the consequences of their use. The authors and publishers have attempted to trace the copyright holders of all material repro-
duced in this publication and apologize to copyright holders if permission to publish in this form has not been obtained. If any
copyright material has not been acknowledged please write and let us know so we may rectify in any future reprint.

Except as permitted under U.S. Copyright Law, no part of this book may be reprinted, reproduced, transmitted, or utilized in any
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Contents

Foreword xvii
Preface xix
Author xxi

Part Iâ•… DIAGNOSTICS


Chapter 1 The Problem and Limits of Accepted Wisdom 3
Introduction 3
The Problem 4
Terms of Reference 4
Historical Approaches 5
Types of Studies on Hostile Insiders 5
Studies Focusing on Motivations 6
Studies Focusing on Compilations and Cases 7
Studies Focusing on Cyber Insiders and More Controls 8
Losing Sight of Existential Threats by Aggregating Cases Too Liberally 8
Limits of Cyber-Centric Bias 9
Implications 9
Questions for Online or Classroom Discussion 10
Exercises for Group Projects 10
Endnotes 10

Chapter 2 New Research and Contrarian Findings 15


Delphi Research on Insider Threat 15
Initial Research Findings Confirming Accepted Wisdom 17
Alternative Analysis Takes Shape 18
Why Infiltrator vs. Disgruntled Careerist? 18
Infiltrator’s Challenges vs. Defender’s Capacity 20
Infiltrator Step 1: Get through Screening 21
Infiltrator Step 2: Gather Information 22
Infiltrator Step 3: Exploit Vulnerabilities 24

v
vi Contents

The Alternative 24
Balancing Trust and Transparency: The Copilot Model 26
Contrast with Traditional Strategy 27
New Insider Defenses 28
Close Probation 28
Transparency on the Job 28
Team Self-Monitoring 29
Comparison with Other Security Strategies 29
Questions for Online or Classroom Discussion 32
Exercises for Group Projects 32
Endnotes 33

Part IIâ•… KEY PLAYERS


Chapter 3 Agents of Change—Corporate Sentinels 39
Key Activities 39
Corporate Sentinels 41
Traditional Role 41
Expertise and Alienation 41
Sentinel Alienation 44
Perfunctory Adaptation 44
Imperial Overreach or Power Play 44
Cronyism or Favor Exchange 45
Transformational Role in a No Dark Corners Approach 45
A Sentinel’s Guide to People Security 46
Human Relationships 46
The Dishonest Employee 47
Management Responsibility in Loss Prevention 47
Procedural Controls 47
Pre-Employment Screening 48
Personal Safety and Self-Defense 48
Workplace Violence 49
Unfair Labor Practices 50
Security and Civil Rights 51
Conclusion 53
Questions for Online or Classroom Discussion 55
Exercises for Group Projects 55
Endnotes 56
Contents vii

Chapter 4 Agents of Change—Leaders and Copilots 57


Leadership’s Attitude to Sentinels and Insider Threat Defenses 58
Where to Begin 59
Know Your World 59
Start Somewhere 61
At Least Ask 61
Why Leaders Falter 62
The Issue–Attention Cycle Meets Insider Threats 63
Phase 1: Pre-Problem 63
Phase 2: Alarmed Discovery 64
Phase 3: Awareness of Difficulties 64
Phase 4: Gradual Decline of Public Interest 65
Phase 5: Post-Problem 65
Alternative Approach 67
Another Opportunity: Rotational Assignments 69
Questions for Online or Classroom Discussion 71
Exercises for Group Projects 71
Endnotes 71

Part IIIâ•… MAKING A DIFFERENCE


Chapter 5 Rethinking Background Investigations 75
Introduction 75
Traditional Background Investigation Process 76
Identity Verification 77
What Gets Investigated and How 77
Credentials and Credibility 78
Where Blurred Accountability Comes with a Price 79
Other Red Flags Often Unseen 80
Adjudication of Adverse Findings 80
Transformational Opportunities with a No Dark Corners Approach 81
Making a Team Out of Warring Camps 81
Alternative Process: Adjudication by Team vs. Fiat 82
Resolving Differences 82
Ramifications for the Entire Process 83
Who Should Perform the Background Investigation? 83
Case Study: A David Takes on Goliath in Pre-â•›Employment Background
Investigations 84
viii Contents

The Setting 84
All-Find’s Approach 84
Pro-Back’s Approach 85
Business Outcome 85
Conclusion 86
An Overlooked Problem: Investigating the Nonemployee 86
Access the Real Issue 87
Questions for Online or Classroom Discussion 91
Exercises for Group Projects 91
Endnotes 91

Chapter 6 Deception and the Insider Threat 93


Introduction 93
Deception’s Role 93
Inadequacy of Defenses 94
Representative Methods for Detecting Deception 95
What Do Polygraph Examiners Know about Deception? 95
The Reid Technique 96
Background 96
Key Features 97
Limitations 97
The WZ Method 98
Background 98
Key Features 98
Limitations 98
Scientific Content Analysis 101
Background 101
Key Features 102
Limitations 102
Other Techniques for Detecting Deception 102
Cross-Examination 103
Background 103
Key Features 103
Limitations 103
Behavioral Detection 104
Background 104
Key Features 105
Limitations 106
Contents ix

The Deceiver’s Edge 106


What Makes a Good Liar 107
No Dark Corners Applications 107
Interrogation 108
Application 109
Debriefing 109
Application 109
Interviewing 110
Application 110
Conversation 110
Application 111
Elicitation 111
Application 111
Where to Expect Deception from Trust Betrayers 111
The Infiltrator’s Deception 112
Deceptions Possible in Screening Process 112
Possible Indicators 112
Deceptions Possible during Probation Period 114
Possible Indicators 114
Deceptions Possible after Probation While Seeking Vulnerabilities 115
Possible Indicators 115
The Disgruntled Insider’s Deception 116
Deceptions Possible in Screening Process 116
Possible Indicators 116
Deceptions Possible during Probation Period 116
Possible Indicators 116
Deceptions Possible after Probation While Seeking Vulnerabilities 117
Possible Indicators 117
The Detection Dilemma 118
Context-Based Anomaly Detection 119
At Least Ask 121
Know Your World 121
Start Somewhere 121
The What-If Discussion 122
Sample Scenarios 122
Core Cast 122
Scenario 1: A Bad Feeling Early On 122
x Contents

Questions to Explore 124


Scenario 2: A Rising Tide of Concern 125
Questions to Explore 127
Deception’s Role in Scenarios 128
Questions for Online or Classroom Discussion 129
Exercises for Group Projects 129
Endnotes 129

Chapter 7 Lawful Disruption of the Insider Threat 135


Introduction 135
What Is Lawful Disruption? 135
Defender Dilemmas 138
Three Biases of Authorities That Risk Undermining the Institution 139
Prosecutorial Bias 139
Investigative Bias 141
Intelligence or Need-to-Know Bias 141
Deciding How Far to Go 143
Risks in Failure Analysis and Problem Solving 144
Representative Options: What Defenders Can Do Themselves 146
Changes That Increase Perceived Effort for the Desired Attack 146
Changes That Increase Perceived Risk for the Attacker 147
Changes That Reduce the Anticipated Yield of the Attack 148
Changes That Alter the Insider’s Guilt or Justification for Attacking 148
Techniques of Lawful Disruption by Employee Level 149
Leader Disruptions 150
Corporate Sentinel Disruptions 150
Team Member Disruptions 151
Techniques Based on Exploiting Disruptive Behaviors Already in the
Workplace 152
The Tank 153
Description 153
Disruption Value 153
The Sniper 153
Description 153
Disruption Value 153
The Grenade 154
Description 154
Disruption Value 154
Contents xi

The Know-It-All 154


Description 154
Disruption Value 154
The Think-They-Know-It-All 154
Description 154
Disruption Value 154
The Yes Person 155
Description 155
Disruption Value 155
The Maybe Person 155
Description 155
Disruptive Value 155
The Nothing Person 155
Description 155
Disruptive Value 155
The No Person 155
Description 155
Disruptive Value 155
The Whiner 156
Description 156
Disruptive Value 156
The Layered Offense 156
Core Cast 156
Scenario 1: Disrupting a Suspected Infiltrator 156
Discussion 159
Scenario 2: Disrupting an Insider Threat of Workplace Violence 160
Discussion 162
Scenario 3: Disruption Taking an Unexpected Turn 163
Discussion 164
Scenario 4: Disruption at the Top 165
Discussion 167
Comparative Observations 167
Practice 168
A Distress Call and Unpredicted Turn of Events 169
Problem 169
Response 169
Disruptions 170
xii Contents

Potential Outcomes 170


Sequence of Actual Outcomes 171
Lessons Learned 172
Questions for Online or Classroom Discussion 172
Exercises for Group Projects 172
Endnotes 173

Chapter 8 Existential Insider Threats 175


Introduction 175
First Things First 175
Protecting People and Property 176
Defender’s Advantage in Dealing with Infiltrators 177
Spillover Effects from Defending against Existential Insiders 177
The Big Three Existential Insider Threats 178
Sabotage with Cascading Impacts 178
Decapitation Attacks through Assassination 182
Espionage Yielding Decisive Victory 183
Problems of Threshold and Accumulation 183
Aligning Existential Threat Defense with the DHS 186
What Makes It an Existential Threat? 187
Assistance with Evaluating Existential Magnitude 188
DHS Protective Security Advisors 188
Local Task Force Entities with a Protective Mandate 191
Red Teaming Defined 196
Where to Recruit Red Team Members 197
Red Teaming Value to Countering Existential Insider Threats 201
Red Team Members from Within 203
Drawing from the Risk or Vulnerability Assessment Team 203
Red Teaming More for Existential than Nonexistential Threats 204
Worse Case and Worst Case Scenarios 206
When Red Team or Special Resources Are Not an Option 206
Avoiding Warning Fatigue 207
Recommended: The Software Developer Approach 208
Conclusion 209
Questions for Online or Classroom Discussion 209
Exercises for Group Projects 210
Endnotes 210
Contents xiii

Chapter 9 Other Insider Threats 215


Introduction 215
Cyber Attacks—Insider or Other Threats? 216
Threats of Violence 218
Domestic or Intimate Violence 218
Threats on the Job 218
Exploiting Employer Assets for Gain 219
Financial Gain 219
Self-Aggrandizement 224
Unifying Themes and Need for a Systematic Approach to Lesser Insider
Threats 226
The Threat Scale 227
Application of Threat Scale to Insider Threats by Category 230
Scale for Cyber Attacks 230
0: Nuisance Level 230
1: Escalating Irritation 231
2: Chronic, Active Disruption 231
3: Unacceptable, Proximate Harm 232
Scale for Threats of Violence 232
0: Nuisance Level 232
1: Escalating Irritation 233
2: Chronic, Active Disruption 234
3: Unacceptable, Proximate Harm 234
Scale for Exploiting Assets for Gain 235
0: Nuisance Level 235
1: Escalating Irritation 235
2: Chronic, Active Disruption 236
3: Unacceptable, Proximate Harm 236
Special Cases 237
Sympathizers 237
Lynch Mobs, Flash Mobs, and Overwhelming Crowds 238
Citizen Unrest and Uprising 240
Sporting Event Mayhem 241
Undermining Contemporaries 241
Prodigal Kin 242
Misguided Redeemers 243
xiv Contents

Fleeting or Occasional Insider Threats—A Nebulous Category of Others 244


Extortion as Another Indirect Threat 246
Lessons of One-Off Cases 246
Implication of Changing Workplace Dynamics for Insider Threats 247
The Shamrock Organization as Incubator for No Dark Corners 247
A Final Caution: Instant Intimacy and Insider Threats 249
Conclusion 250
Questions for Online or Classroom Discussion 251
Exercises for Group Projects 251
Endnotes 252

Chapter 10 Consulting for No Dark Corners Implementation 257


Introduction 258
The Inside–Outside Dilemma 258
Recommended: Outside Diagnosis, Hybrid Prescriptions, Internal
Implementation 261
Institutional Insertion Points for a No Dark Corners Program 262
Sudden Impact Response 262
Postmortem Redesign 263
Strategic Anticipation 265
Application Opportunities for No Dark Corners Consulting 266
Where to Begin 267
Consultant’s Role 269
Objectives and Resources 270
Metrics 270
Value 271
Fees, Compensation, and Effectiveness 271
Making Change Happen 272
Pilot Programs 273
Exemplars 273
Engaging 101: Some Features of Starting a No Dark Corners Assignment 274
Delivering 101: Some Ways of Navigating a No Dark Corners Assignment 277
Findings 101: Common Findings to Expect in a No Dark Corners
Consulting Engagement 280
Disengaging 101: Drawing the Assignment to a Close 281
The Laser and the Flashlight 283
Checking the Flashlight’s Bulb and Battery 284
Contents xv

Conclusion 285
Questions for Online or Classroom Discussion 286
Exercises for Group Projects 286
Endnotes 287

Chapter 11 Answer Guide 289


Chapter 1 289
Chapter 2 291
Chapter 3 294
Chapter 4 298
Chapter 5 301
Chapter 6 303
Chapter 7 305
Chapter 8 307
Chapter 9 310
Chapter 10 313
Endnote 315
Appendix A:â•… Three Rounds of Delphi Questions 317
A. Delphi Round 1 Questions 317
B. Delphi Round 2 Questions 317
Part I: Ratings 317
Part II: Questions for Your Reaction and Comment 318
Part III: Scenarios and Related Questions 319
C. Delphi Round 3 Questions 320
Rating Question 321
Countermeasures 321
Appendix B:â•…Summary of Delphi Round 1 Findings Accompanying Round 2
Questions 323
Thoughts from Delphi Round 1 323
Analysis 324
Appendix C:â•…Summary of Delphi Round 2 Findings Accompanying Round 3
Questions 327
Highlights of Delphi Round 2 327
Part I 327
Part II 327
Part III 327
Overall 328
xvi Contents

Appendix D:â•… Delphi Expert Comments and Stories 329


A. Transparency: Pushing Out Management Data 329
B. Two-Person Rule 330
C. A Business Decision to Favor Infiltrators 330
D. Small World Insider Challenges 330
E. Why No “Broken Windows” in Infrastructure Defense 330
Foreword

When conflict is a question of force against force, options are simple. Victory goes to the
side that has the bigger numbers, the better weapons, or superior maneuvering capability.
But what happens when the real danger comes from within? Insider threats scare all of us
because we can never be sure that we are so strong, so fast, or so powerful that one well-
placed betrayer cannot cost us everything. This book examines precisely this challenge of
our age, the insider threat, and how to defend against it.
Nick Catrantzos and I trace our collaboration to the 1990s, when Nick worked on
one of my consulting engagements for a major information powerhouse. The latter came
to me after spending tens of millions of dollars to anticipate an upcoming crisis situa-
tion. Somehow, though, corporate leaders had the nagging feeling that they may have
missed something. Nick’s job became to uncover what they had missed, while my job
was to figure out how to do this on a limited budget, with an impending deadline, and
on an uneven corporate landscape where not all departments involved in the project were
on the same page. Between the two of us, Nick and I found that the Achilles’ heel here
was that various departments were not communicating with each other and were thus
more likely to duplicate, collide, or fail when the actual crisis came. In a sense, the client
had adequately defended against outsider threats without realizing how vulnerable the
organization was from within. This, to me, offered a revealing insight into insider threats
and how they crop up in the best of organizations. The story ended well, but we had our
moment of truth in telling the bad news to the client. To the latter’s credit, they eventu-
ally asked me to send Nick to visit their headquarters after they had taken our recom-
mendations to heart and started bringing their various departments to work together in
crisis simulations and regular drills. In short, they brought their talented people out of
the dark corners into the light of shared purpose and collaboration. And they were proud
of this—even to the point of showing off in front of us. In my mind, this little consulting
engagement epitomizes what Nick’s No Dark Corners approach is all about.
Since this consulting involvement, Nick went on to study the conventional wisdom
on insider threats as a topic for a master’s thesis. The findings from his social sciences
research surprised him. Why is it that more controls do not work? Why does overreliance
on specialized security functions—called corporate sentinels—frequently end up being
counterproductive? Why don’t some standard insider defenses like background inves-
tigations expose hostile trust betrayers? These are some of the questions answered in
Managing the Insider Threat: No Dark Corners.
This book begins with a CliffsNotes version of Nick’s insider threat research and
ends with a thought-provoking examination of what it takes to advise an organization
on how to institute the No Dark Corners approach to insider threat defense, whether by
launching it internally or through outside, consulting resources. As I have learned in more
than 25 years of international consulting, sometimes where an organization stands on an

xvii
xviii Foreword

issue depends on where its advisers sit. Some entities accept, welcome, and insist on keep-
ing certain engagements entirely in-house. Others have to go outside not only for objec-
tivity but also to avoid the awkwardness of exposing certain doubts and vulnerabilities
to underlings or rivals in the same organization that they have to work with on a routine
basis. So this last chapter on consulting resonates particularly well with me.
In between the research findings and the last chapter, though, Nick presents some
fascinating contrarian ideas about issues such as

• Why infiltrators are more likely to be the more serious danger to an organization
than ordinary, disgruntled employees
• How deception plays a role in every kind of insider threat, from the most seri-
ous, existential threat to the kind of nuisance that just makes life more difficult
on the job
• How the smart leader and resourceful organization have more options than most
realize, particularly when it comes to using tactics of lawful disruption to thwart
hostile trust betrayers

This is just a small sample of what awaits the reader of this book. The reader will
find that this work taps a multitude of sources and the author’s expertise in offering new
insights into how to deal with the kind of threat every professional fears and, sooner or
later, must face. This book demystifies the insider threat, making solutions accessible to
any professional, not just to specialists. The No Dark Corners approach gives all of us
a chance to take a hand in our own protection. Written intelligently, supported analyti-
cally, and filled with useful case studies and examples, this book is destined to become
a classic in taking a holistic approach to solving a very vexing predicament. I hope you
enjoy it as much as I did.

James E. Gordon
Managing Director
Navigant Consulting
Hong Kong, 2011
Preface

An enemy launching a frontal attack can be anticipated and repulsed. An adversary who
attacks from within, however, is not so readily countered. This book began as a study
seeking to identify defenses against trust betrayers who were targeting critical infrastruc-
ture. It then evolved into a thesis that earned top writing honors at the Naval Postgraduate
School1 and into a subsequent article in the peer-reviewed journal Homeland Security
Affairs.2 Bolstered by further research commissioned by a professional security indus-
try association, the work next migrated into an industry research report, Tackling the
Insider Threat,3 samplings of which reappear in this book in Chapter 10 in edited form,
with the permission of the ASIS Foundation. This book now synthesizes the findings of
these preceding works, building upon them to explore the insider threat in some of its
different dimensions and to present interpretive methods for applying No Dark Corners
strategies to contend with real-world insider trust betrayal as an existential and non�
existential threat.
Using a Delphi method, this work harvested insights of experts from mature arenas
of defense against insider threats, such as workplace violence and counterespionage, in
order to assist with defending against the insider threat to critical infrastructure. Findings
uncovered flaws in institutional defenses that adversaries can exploit, with infiltrators
posing a greater threat than disgruntled insiders. Resulting recommendations ran counter
to accepted wisdom. These recommendations shaped the contours of a No Dark Corners
approach that applies and extends seminal theories of Oscar Newman’s Defensible Space
and George Kelling’s Fixing Broken Windows.

ORGANIZATION OF THE BOOK

The student or practitioner will find this book progressing through three sequential
phases of exposition. Part I, Diagnostics, begins with problem definition (Chapter 1)
and research findings (Chapter 2) that led to the No Dark Corners strategy for address-
ing insider threats. With these foundational underpinnings, Part II then shifts gears to
examine agents of change, namely, key players in a position to implement or undermine
the No Dark Corners strategy, including corporate sentinels (Chapter 3) as well as leaders
affecting application of this approach (Chapter 4).
Next, in Part III, the book examines key areas where No Dark Corners–style engage-
ment can make a difference in the way the institution counters insider threats: rethinking
background investigations (Chapter 5), recognizing deception (Chapter 6), and lawful
disruption (Chapter 7). Continuing a migration from the theoretical to the practical in
applying the innovations of No Dark Corners within an organizational framework, suc-
ceeding chapters examine application challenges for existential threats and involvement

xix
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no related content on Scribd:
THE TRIAL.
SIMPLE AND UNADORNED TRUTH STRUGGLING WITH ALL THE
FORCES
OF TALENT, WEALTH AND PROPPED UP FALSEHOOD—THE
CONVICTION
ONLY A VICTORY IN NAME FOR THE PROSECUTION,
BUT IN REALITY A LASTING TRIUMPH FOR THE DEFENCE.

PRELIMINARY REMARKS TOUCHING THE TRIAL.

An error—a fault in the working of a machine, or in physical


operations generally, is soon discovered and admits of very little
discussion, as to whether all is right or something wrong. Too much
friction, a cog broken, or some other mechanical defect in
mechanical construction, and the machine will soon stop; and so of
physical movements; a disease or some radical defect in the
constitution is soon discovered by bad pains and bad health; and if
no recuperative remedy can be applied, the consequence will soon
be a death stoppage. But in the moral world, the difficulties are far
greater and more extensive. Immaculate truth and unmixed error
are soon acknowledged, but when deeply blended together, ages
may elapse before any considerable or healthy progress can be
made. In physical science, and in mechanical discoveries, the
progress has been prodigious; but it is a question very much open to
dispute, whether the world is now purer, better, and happier than it
was three thousand years ago, notwithstanding the centuries of
statesmanship and legislation. In physical realities, all appear to hail
improvement with a welcome satisfaction, and gladly receive truthful
discoveries, no matter from where they come, as if immediately
experiencing a direct and general interest in all such demonstrations;
but it is far more complicated in moral phenomena. Effects, either
for good or evil, require a longer time for development, and are
subject to influences from far more numerous and intricate causes,
less capable of demonstration, and less capable of determining the
share each exercises in the production of compound effects. Two
persons may be equally honest, equally able, and equally desirous
for the common good of the nation; but they will hotly dispute as to
the proper means to be applied for this end; but if the opinions or
theories of each could be immediately put to the test, and the
results at once seen as in mechanical operations, a very different
state of society would soon exist. If we could have a process of
analyzation in moral transactions, so as to make the deformities of
separated error at once manifest, and so with respect to the
beauties of immortal truth, we might indulge a well grounded hope
for rapid conquests toward the perfection of mankind.
Author’s Trial in Mobile, Ala.—See page 144.

Differences in organizations and in education, with vast extensions


of clashing interest; these, when properly directed, may be rather a
blessing than otherwise; but when allowed to run into the wildest
excesses without any restraint whatever, the evils must be frightful
in the train of consequences. The excessive philanthropist is on for
freedom, and will sacrifice every other consideration for the success
of his ardent object, regardless of the reacting forces of despotism.
The creature of inordinate ambition does not stop to consider who is
right and who wrong—down with every obstacle in his way, that has
a tendency to impede his ultimate design. The theological devotee
prefers his own denomination to all others—his own all right—the
rest all mixed up with much objectionable error. The individual who
has made so much wealth, and attained to so great a height of
pecuniary prosperity by means, no matter whether fair or foul,
desires no change, even though it may be for the benefit of tens of
thousands—his own individual or conventional interest will have
more value in his estimation than the interests of united millions in
conflict. Generally, those who have risen to honors, distinctions, and
emoluments by the vicious elements in society, will spare no
exertions which talent and wealth can command for the perpetuation
of the same circumstances of public wrongs. But, it is true, where
there are freedom of thought and action, public vices cannot
accumulate beyond a limited extent before conflicting interests and
passions will bring on the appropriate or temporary remedy; yet the
victors not unfrequently, ere long, run into as wild excesses as their
erring but fallen predecessors! so then it would appear that
revolutions only amount to a change from one sort of excesses to
another equally as pregnant with evils. Yet in spite of all these
apparently vain and oscillating circumstances, there are underlying
movements at work in the nature of occult causes driving on nations
to either dissolution or a better and more enduring form of
government.
If a government is so defective that it cannot sufficiently protect
life and property; if its conduct is so fickle and uncertain as to
destroy confidence and stability in the future, convulsion, decay, and
death must inevitably come if the organic abuses are too great to
admit of any other remedy.
Untempered liberty is worse than despotism; it is barbarism—
might reigns and not right. All the passions of licentiousness are let
loose, and the many weak are lawful prey for the few strong.
The idea which commonly prevails as regards frequency of
elections being the effective remedy for all abuses of government,
though plausible, is sophistry and the height of fallacy according to
the lessons which experience have taught. It is all very easy and fine
to contend for short terms of elections—all very captivating to
contend that if one officer well performs his duty, he can either retire
into private life with all the grateful honors of his country, or, for
meritorious services, he can be re-elected for another term, all of
which is the most powerful incentive to do right, and, at the same
time, the most formidable barrier against intentional wrong. But
what does experience loudly proclaim? “For the short term you will
be in office, make all you can, scruple at nothing, laugh justice in the
face, trample on the principles of rectitude, and you will be admired
in the present and immediate future only as a consummate political
trickster which may, without shame, be imitated by other succeeding
actors. But if you mean to be honest, and tender of just rights and
claims, with a desire for the common good of your country in
rewarding meritorious services and encouraging the sources of true
national prosperity, you will only be laughed at for your folly.” These
constant elections, as it were, open the store-houses for a general
scramble, for a wordy warfare of frothy declamation, for abuse and
misrepresentation of all the nobler traits of human nature—making
virtue a crime and fashionable vices respectable. The most expert in
business of this sort, are generally the successful ones in the
contest. Before the excitement of one election is over, another more
intense begins. Under present circumstances, no one can calculate
with any reasonable probability of continuance of the present form
of government beyond a period of four years while there is no
security for keeping wild and inflamed passions within proper
bounds.
Correct public sentiment, when free to choose, is apt to have a
government of the same nature. Is it public sentiment that forms the
character of government, or government which forms the character
of public sentiment? Both of these considerations may be true. It is
quite possible to conceive how a few intelligent and well-meaning
persons, commanding a sufficiency of power, can improve the
character of a nation; and under other circumstances, vice versa.
We want a government sufficient to restrain the strong and
protect the weak. We want a government competent to make good
laws, and strong enough to execute them. We want a government
determined to protect life and property, so that industry can be
encouraged, and a confidence in the permanent stability of it
maintained. We want a government that will purify the bar, and give
a judiciary of competency and integrity such as will grace and adorn
the bench for “its disposition to do justice to all.” We want a
government resolved to inflict punishment and stamp with enduring
disapprobation any league or infamous association for the triumph of
crime, no matter how distinguished or wealthy its members may be.
The particulars of the trial now to be given, is a striking illustration
of the league for the triumph of wrong, in which not only the
executive heads of several States were concerned, but also other
high officials in power, with more of distinguished persons in
different capacities.
As the caption states, their triumph was only in name. The
retribution of truth and justice is sometimes tardy in execution; but,
longer or shorter, it is sure to come. Nearly fifteen years have
elapsed, since this trial terminated, and the public has remained
uninformed to this day of the more important features connected
with it. This long silence has favored the continuance of wealth,
power, and the honors of office for the prosecutors; while the
defendant was unjustly brought to the verge of ruin by the
enormous expenses attending the trial. The phases are now being
changed—one side going out and the other coming in—one
recovering strength and the other experiencing decline and fall with
reference to the future—consequences which should immediately
have followed the trial, for if justice could be forthwith done without
so much expense and delay, the evil perpetrators would soon come
to an end; or, at least, would soon become diminished in numbers.
As stated in another place, the interval betwixt the times of giving
bond and trial amounted to near forty days. One part of this interval
was devoted to making preparations for trial; the other part was
consumed in visiting on the coast with a view to gather such
information as might be of interest afterwards. The information as to
the discovery of the place of deposited money in Catahoula swamp
is one link in the chain of circumstances which attest the truth of the
“confessions;” another is the finding of the mysterious map in a few
days after the famous Harvey battle, which is in perfect agreement
with another part of the said confessions, together with the singular
circumstances in connection, which were the means of George A.
Cleaveland getting possession of the map, with other subsequent
circumstances showing the strongest of probability that he not only
understood it, but also succeeded in getting the buried gold from
Catahoula swamp.
But the opening of the city court and the time for trial were near
at hand, and the sheriff or defendant, had to leave the coast
hurriedly to repair forthwith to Mobile. He arrived there some two or
three days prior to the opening of court. He there found
considerable anxiety and excitement prevailing on the subject. A
number of collected friends from distant parts of Mississippi were
there to be present and hear the trial, which was the general theme
of conversation and speculation everywhere. Fortunate for the
defendant, he arrived in time to summon quite a number of
important witnesses, who were accidently in the city from various
points on the line of the Mobile & Ohio railroad attending a railroad
meeting. DeKalb, Kemper county, was well represented in this
meeting. The delegates from this town all being men of moral worth
and of superior intelligence; J. H. Gully, P. H. Gully, H. C. Rush, A. B.
Campbell, Cornelius McLamore, and the illustrious J. S. Hamm, then
presiding judge of his district, all from the above named place. In
DeKalb, S. S. Shoemake had resided for a number of years, and
these gentlemen from the same place were very valuable as
witnesses in the estimation of the defendant; and, of course, he had
them summoned without delay right on the ground.

THE RECORDS OF THE TRIAL FROM THE CITY COURT OF MOBILE.

The Clerk of the City Court of Mobile has twice been applied to for
particulars, or for a copy of the records of the trial. In his first reply
the present Clerk freely confesses the records of the case to be
misty, suspicious, deranged, and altogether unsatisfactory, without
venturing any further opinion on the matter. In his second reply he
confesses in still stronger terms, if possible, of the confusion of the
records; important papers not on file; much missing; more
deranged, and very hard, with any amount of application of labor to
make anything of value intelligible for rigid comprehension—one
case, Shoemake’s, entirely disappearing from the docket, and no
circumstances or account left to show the cause for the same.
In substance, here follows an extract from the Clerk’s replies: “I
find by the Clerk’s indorsement, that in the November term, 1858,
the Grand Jury found bills for four cases of libel against J. R. S. Pitts,
and four indictments were framed accordingly in the same term.
They are found docketed, numbers 61, 62, 63 and 64, to be
prosecuted severally by G. Y. Overall, C. F. Moulton, G. A. Cleaveland
and S. S. Shoemake. There are four appearance bonds for six
hundred dollars each, dated January 25, 1859. The writ of arrest is
dated January 15, 1859. But the indictments are all missing. There is
nothing here on file or on record showing any action of either the
Governor of Alabama or the Governor of Mississippi with respect to
the processes for arrest. The case number 64 has entirely
disappeared, and no trace left to account for the same. In the
February term, 1859, the trial of J. R. S. Pitts commenced on the
23d, continued through the 24th, and on the 25th was given to the
jury, who on the 2d day of March rendered a verdict imposing a
penalty of fifty dollars, to which finding the Court further ‘ordered
that the defendant be imprisoned in the common jail of the county
for the space of three months, and on the non-payment of the fine
and costs that he be further imprisoned until discharged according to
law.’ The case tried must have been that of Overall, 61, the papers
of which have entirely disappeared, as I cannot find them on file.
The two remaining cases, numbers 62 and 63, were continued from
term to term until February 28, 1863, when a forfeiture of bond was
taken against the defendant and his sureties, Colin McRae and
James H. Daughdrill, and then continued through several terms to
21st of March, 1864, when judgment final was entered, and
execution issued, which execution was ordered to be returned by the
Commissioners of Revenue on the payment of all costs, the costs
being paid by said Daughdrill said execution was returned. The
matter remained in this condition until January, 1867, when the
defendant and his sureties were finally released by the
Commissioners of Revenue.
“The names of the Petit Jury who tried the case are Wm. B.
Hayden, James B. Post, George Mason, George M. Brower, Edward
Guesnard, John R. McBurney, W. H. Marchan, Henry T. Eatman,
Walter L. Young, Benjamin F. Hunt, John A. Bevell and Wm. H.
Vincent. The only witnesses I can find any record of are the
prosecutors for themselves. The attorneys for the prosecution were
R. B. Armstead, solicitor, and Anderson & Boyle, while Manning and
Walker appeared to have conducted the defense.
“Imperfect as this history of the case is, it has cost me much
search and labor to collect from the disconnected, confused and
garbled materials left me for reference. The whole affair is a myth.”

COMMENTS ON THE RECORDS.


This communication from the City Clerk of Mobile is valuable in
more points than one. In another place he states that there is in his
office on file an affidavit from Shoemake relative to the prosecution.
The nature and subject of this affidavit was not inserted in the
Clerk’s communication. Why this affidavit of Shoemake’s as one of
the prosecutors, and none to be found from any of the other three
prosecutors, is a profound mystery. Again, affidavits before Grand
Juries, in connection with prosecution for libel, surpasses ordinary
comprehension. The missing of so many papers, and the
derangement of all others, might be charged to the neglect or
carelessness of the custodian, the then Clerk, but how can the
legerdemain disappearance of Shoemake’s name from the trial
docket be accounted for? No reasons—no cause for the same can be
found! The present Clerk is bewildered, and can give no explanation
on the matter. Such being the case, is it not reasonable to presume
that the leaders of the prosecution then controlled the files and
records of the office to suit convenience? Prosecution foul in the
commencement needs props, subterfuges and mystery in every
stage of progress.
But the most impenetrable darkness of all is, Shoemake’s name
being found on the trial docket as one of the prosecuting parties.
The order in which they stand on the docket is cases number 61, 62,
63 and 64, corresponding with which the prosecutors are G. Y.
Overall, C. F. Moulton, G. A. Cleaveland and S. S. Shoemake; and in
agreement with the same, four appearance bonds are found. The
question now for solution is, did Shoemake really get a bill from the
Grand Jury of Mobile at the November term, 1858, along with the
other three? The files and records show that he did. Now let it be
borne in mind that this man was the agent to bear the requisition
from the Governor of Alabama to the Governor of Mississippi for the
arrest of J. R. S. Pitts. Let it also be borne in mind that J. R. S. Pitts
is positively certain that he never gave any bond to cover the case of
Shoemake—only three, Overall, Moulton and Cleaveland’s; and that
before receiving the Clerk’s communication, he never knew that
Shoemake was one of the docketed prosecutors; but he did learn
during the time of his trial, that Shoemake tried to get a bill in the
February term, 1859, and signally failed. Choose either end of the
dilemma and the difficulty is not at all obviated. If he did get a bill,
the rascality is equally manifest. To go to Mobile, Ala., to prosecute
while he was a resident of Mississippi, and J. R. S. Pitts also a
resident of this State, is utterly incomprehensible in any other light
than a flagrant outrage on every principle of law and justice. If he
did not get a bill, the files and records show forgery of the darkest
hues. So, then, from whatever stand-point the whole affair is
viewed, atrocity and corruption of the most aggravated character
stare the impartial inquirer in the face from every direction.
As before seen, the trial opened on the 23d of February, 1859.
The indictments were for libel in three cases as the defendant
understood the same. The prosecutors, first, G. Y. Overall; second,
C. F. Moulton, and the third, G. A. Cleveland. As it had been
previously arranged by them on the State docket, the defendant had
first to answer the charge of G. Y. Overall. Had he been placed the
last on the docket, the prosecution would have, in all probability,
signally failed in every case; and even this first case, with all the
deep-laid designs in connection, would have been a failure but for
the extraordinary resources for the forcing of a verdict by foul
means.
The design here contemplated is only to give a brief abstract of
the more momentous features of the trial, because the whole given,
would be inopportune in a condensed work of this nature.

SHOEMAKE AND B. TAYLOR IN COURT.

As before noticed in another part of this work, S. S. Shoemake will


again be introduced as playing a very conspicuous part, not only on
trial, but also before the Grand Jury, which was organized for the
then present term of the City Court.
Notwithstanding the “records” to the contrary, the following
information was given to the defendant, at the time of his trial, by
one of the jurors himself. Shoemake, although an old resident of
Mississippi, the defendant also a resident of the same State, and the
work complained of published in New Orleans, Louisiana, yet he,
with audacity enough, went before the said Grand Jury to get
another bill for libel in favor of himself and against the defendant,
but was sadly disappointed. This Grand Jury had had more time for
thought and reflection than the preceding one, and peremptorily
refused his application. Had he been unjustly injured, his redress
would have been from the juries of Mississippi; but he had
penetration enough not to make any efforts of this nature in
Mississippi, well knowing that his character was too well-known here
to succeed in making juries subservient to his dark purposes of
crime and dissimulation.
On the day of trial, the counsel for the defence availed himself of
the earliest opportunity to make application for further time, on the
grounds of absence of material testimony, but without the desired
effect; the Court over-ruled the application, and both sides were
ordered to proceed to trial instanter.
While the Sheriff of this court was calling in witnesses for the
prosecution, the name of Bentonville Taylor was particularly noticed
by the defendant. This man, as was afterward learnt, had been
conveyed by the clan from Williamsburg, Mississippi, and appeared
quite unexpected on the part of the defence. His knowledge about
the case then pending, could have been but very little or nothing at
all, and was evident to all who were more conversant with the facts,
that his presence there was not in behalf of justice, but for sordid
objects of pecuniary gain.
The first witness brought to the stand by the prosecution was S.
S. Shoemake. He came up with an air of boldness and majesty not
easily described. Calm, deliberate, and with an external appearance
of the perfect gentleman, he gave his testimony with elegance and
beauty of language, almost sufficient “to deceive the very elect.” His
testimony, such as it was, was pretty much confined to a pretended
conversation betwixt the defendant and himself during the journey
together while under circumstances of arrest; to the effect that the
defendant had confessed to him that the names given in the life of
Copeland, were not at all reliable, and that the authenticity of the
work was entirely valueless. This pretended conversation was wholly
a concocted fabrication of his own to serve the ends of the
prosecution. But the character of this man in a few more minutes
elicited, will satisfy the reader as to what amount of credit his
testimony was worth.
His then uninterrupted evidence being given, the next ordeal was
his cross-examination by the counsel for the defence. The envelope
alone, which at first contained the John R. Garland letter, was
handed to him with this question asked: “Did you address this
envelope?” After looking at it for a while he answered: “I believe this
to be my hand-writing.” He was next asked if he had at any previous
time addressed a letter or communication of any sort to the Sheriff
of Perry county, Mississippi. He answered that he had no recollection
whatever of addressing a letter to the Sheriff of Perry county,
Mississippi, who was then seated at the bar before the Court. The
John R. Garland letter itself was next handed to him, with the
request to state to the Court and Jury if he was the writer of said
letter, which had been written and mailed at DeKalb, Mississippi.
Here Shoemake hesitated and faltered considerably; and, in a
moment, seemed to be fully conscious of the complete wreck before
him. A transition so sudden from the heights of promising success to
the most forlorn and abject condition of reverse, was too much for
him to surmount. In this instance, he manifested a great reluctance
to, or desire to evade giving a direct answer, but being forced by the
Court to give a definite reply, he answered at last with emphatic
words that he was not the writer or author of the John R. Garland
letter. Now, for the succeeding and successful conflicting testimony.
The witnesses who had been previously summoned, were now
called forth to testify to the hand-writing of the John R. Garland
letter, as well as to the general character of S. S. Shoemake, as to
whether or not his being a man of truth and veracity. After
examining the letter, several of them expressed, according to the
best of their knowledge, that the hand-writing was S. S.
Shoemake’s; and also, from his general character, they could not
believe him on oath. But another witness called for and introduced,
Cornelius McLamore, gave still stronger and more decisive testimony.
No man could have had greater facilities for thoroughly
understanding all about Shoemake than Cornelius McLamore. He,
without any doubt whatever declared the hand-writing to be,
undoubtedly, S. S. Shoemake’s, and that he for another could not
believe him on oath.

M’LAMORE FELL A VICTIM TO THE VENGEANCE OF THE CLAN.

This is the same gentleman treated of in another place, who so


mysteriously disappeared the evening after the trial, and, from that
time to the present, has never more been heard of. Whatever fate
he met with, no one has ever been able to tell; but from all the
circumstances connected, it must be almost certain to the thinking
mind of all that he was cruelly murdered by the conspiring clan, who
had so long maintained a sad career of blood and revenge, with all
the practiced modes of concealment.
The following is an extract from a letter dated DeKalb, May 21st,
1871, written by a prominent gentleman and ex-Sheriff of the county
in which the town of DeKalb is situated:
“There has never been any person living in the county by the
name of John R. Garland. Mr. McLamore has never been heard of
since the time he was a witness in your case, during the month of
February or March, 1859.”
Two powerful motives predominated for the termination of his
existence. The first, the unrelenting revenge for the crushing defeat
he gave to others, and particularly to Shoemake while on the
witness-stand. And secondly, to prevent an indictment for perjury
against Shoemake; for it will be remembered that he swore
positively to the hand writing of Shoemake, who had immediately
before denied the same on oath in open court. These two
considerations, together with having just sold his cotton, the money
for which he had then in his possession, will account for his
presumptive murder. No one could better understand the hand
writing of Shoemake than Cornelius McLamore, for, as the defendant
has been authoritatively informed, the former was during some time
book-keeping for the latter.

G. Y. OVERALL PROVES AN ALIBI

Shoemake, the first witness for the prosecution, had made such a
wretched failure that no efforts were made to bring in the other
witness from Mississippi of the same character, Bentonville Taylor.
The prosecution next introduced two witnesses from Columbus,
Miss., and one by the name of G. W. Overall, all to prove an alibi,
and that G. Y. Overall was positively residing in another place at the
time referred to in Copeland’s confessions. This testimony was
satisfactory and unobjectionable; but, as will be shown in further
progress of the trial, did not in reality invalidate the confessions in
any material point whatever.
The examination and cross examination of the different witnesses,
with the arguments of the opposing counsel, occupied the Court for
about two days; and had G. Y. Overall’s object been nothing further
than the establishing of his own innocence, he might have
succeeded commensurate with his own unbounded desire; but what
was he doing associated with such men as S. S. Shoemake and
Bentonville Taylor? The complete unmasking of the infamous
conduct of the former was anything but auspicious for the
prosecution, and left a very unfavorable impression on all who heard
the proceedings as to the character of the prosecution.

THE ARGUMENTS FROM BOTH SIDES.

The closing of the testimony was immediately followed by the


opening arguments of the solicitor for the prosecution, which
continued for a considerable length of time. Next the argument of
Hon. Percy Walker, for the defense, which occupied a period of two
hours and a half in delivery. Distinguished as he had heretofore been
on all occasions, this, as was said by his friends, was one of the
greatest and happiest efforts he ever made. At the time the court-
room was crowded almost to suffocation, and outside of it thousands
were congregated to catch the utterances from his flowing lips. His
withering torrents against Shoemake electrified the court; but his
main argument went to show that G. Y. Overall had no right to
prosecute in the name of G. Overall, and that it was another person
referred to in Copeland’s confessions.
The prosecution replied; and now the arguments from both sides
being finished, the written notes from each, together with
instructions from the Court were furnished to the jury, and it
forthwith retired to its room for the purpose of trying to agree on a
verdict. But it was soon ascertained that there was a very strong
probability of it not coming to any agreement at all. After retirement
for about twenty-four hours without any harmonious result, it
reported to the Court the almost certainty of not being able to
render any verdict on the case pending before it.

THE COURT AND THE JURY.

Upon the reception of said report, the Judge made some changes
in his former charges to the effect that if doubt existed, the Jury
must give the defendant the benefit of such doubt; further adding,
that he should not discharge until the rendering of its verdict; and at
once ordered it to retire again, with additional information that if it
required any explanation on any points of law involved in the case
before it, to report accordingly to the Court, and it would give the
proper instructions sought for. After the Jury had remained some day
or two longer in retirement, the Court ordered it to report, on the
arrival of which, the Court desired to know the points of
disagreement. In answer, one of the jurors, W. L. Young, rose and
respectfully addressed the Court, stating that a majority of the Jury
entertained doubts; and as for himself, he had conscientious
scruples as to the propriety of confounding G. Overall and G. Y.
Overall together; while, at the same time, the principal part of the
Jury did not believe that when Copeland gave the name that he
intended it for G. Y. Overall, and that the latter had no proper
authority for accepting the name of G. Overall, as published in the
confessions. The presiding Judge appeared to be well pleased with
the manly and intelligent conduct of the young gentleman, but
informed him at the same time that the Jury must be governed
according to the law and evidence before it. To this declaration, Mr.
Young made the following reply: “Please your Honor, and suppose
we do not believe the evidence in the case before us.” This ready,
but profound reply excited, to all appearance, a pleasant smile on
the Judge’s countenance, and created no little sensation throughout
the court-room among the legal fraternity, some of which were
heard to exclaim—“a pretty good lawyer himself.” The Judge, feeling
the weight of such an expression, did not attempt any further
remarks in reply for this time.

TAMPERING WITH THE JURY.

The jury once more retired. The court kept furnishing fresh
charges in opposition to the first given; the last of which was so
pointedly as to declare in positive terms that according to the law
and evidence it, the jury, was compelled to find a verdict for the
prosecution! Six long days and nights had this jury remained in
confinement. Worn out by it and with excessive loss of rest, together
with no hope of immediate relief, as the judge had declared his
intention to keep it in strict confinement for an indefinite period,
unless a verdict could sooner be returned; all these miseries
endured, and in prospect to be endured, forced the jury at last to a
verdict against its better judgment by the understanding or
impression artfully made that it would be better to get liberty by
agreeing to a verdict with a small amount of fine in the way of
damages for G. Y. Overall, but had not the most distant idea of any
imprisonment resulting. But the judge better knew the law which
invested him with power to imprison for six months, but in this
instance he sentenced only for three months.
In addition to the torturing process resorted to for the purpose of
forcing a verdict from the jury in its last hours of confinement, other
shameful means were made use of by outsiders of a tampering
nature—such as the conveyance of notes and packages in bottles to
that part of the jury in favor of the prosecution—one end of the
string tied to the bottle, and the other end, in the form of a ball,
thrown through the window to be received by the parties intended.
The nature of these notes and packages could only be conjectured—
the recipients themselves holding the contents a perfect secret
within their own little circles. This information was conveyed to the
defendant by eye-witnesses and part of the jury.

SYMPATHY AND REGRET AS EXPRESSED BY SEVERAL JURORS.

After the sentence was announced, Dr. Bevell and others, who
formed a part of the jury, openly declared that if they had been
aware of the fact that the judge had the power to imprison, suffering
as they were, never would they have consented to a verdict in favor
of the prosecution. Another distinguished juror, W. L. Young, on the
case, on seeing the defendant coming from the court-room, met him
with all the warmth of genuine friendship and the most sincere of
emotion, sympathy, and contrition, which will be best understood in
his own words: “My dear sir, my feelings are deeply wounded, and I
feel as though I have committed a very great wrong in giving
consent against my better judgment—a wrong even to fine you so
much as one single cent, and were the case to be done over again,
with the light now before me, I would most assuredly act quite
differently, for I now see my great error, though my greatest grief is
that this lesson was taught too late to be of any service to you in
your present humiliated situation.” The reply was suitable, and in
these words: “Permit me, sir, to acknowledge your truly sympathetic
manifestations with all the welcomeness and gratitude which are
possible to be expressed; and also to further express to you that
notwithstanding this heavy stroke of adversity, I will endeavor to
bear the same with philosophical fortitude, under the strengthening
conviction that this is the most memorable epoch of life, and in spite
of malignant persecution, justice will afterwards be done, and time
will bring forth its appropriate reward.”

FAILURE OF PETITION—RECEIVES THE KINDEST TREATMENT


WHILE IN PRISON.

Immediately after the sentence, the citizens of Mobile prepared


and sent a petition to His Excellency, Governor Moore, of the State
of Alabama, containing the signatures of over six hundred of the
best citizens of Mobile, praying for the release of the defendant, but
the Governor declined to grant the request because the petition was
not signed by the presiding judge.
But the sheriff of the city, Hon. James T. Shelton, must not be
overlooked. His conduct in behalf of the defendant was noble and
magnanimous in the extreme. All that one man could do to alleviate
the rust and monotony of confinement, was gracefully and cheerfully
done by him. His friendship—his whole-souled treatment reached to
an extent not to be surpassed by any. Hospitalities at his own
mansion in profusion, a separate parlor well furnished with books of
every description, and in everything else well fitted up in the utmost
order of elegance and taste; no restraint whatever, beyond what the
law required—having the whole limits, for exercise and recreation, of
the prison boundaries; all such conveniences and comforts were
freely and lavishly bestowed; and for which a lasting gratitude is due
to the memory of the departed James T. Shelton.
Numerous other visitors, of both sexes, came to render all the
comfort which humanity could afford. These visits were sincere,
friendly, and consoling, indeed; in short, everything which could be
done to remove dullness and make the time glide away agreeably,
was done with cheerfulness and with truly natural fervor of heart.
Time did not hang heavily; but passed away briefly—a time which
can now be referred to with pride and satisfaction.

THE CLAN GROVELLINGLY PENETRATES PRIVATE TRANSACTIONS.

The defendant, at the time of his arrest, was engaged to be


married on the 22d of March following, to Miss Julia Pauline Bowen,
daughter of Rev. P. P. Bowen, of Ocean Springs, Miss., but having
become entangled in severe law difficulties, the appointed time for
the consummation of this engagement was, from necessity,
indefinitely prolonged. During this time, and more especially while
confined in prison, the fact of such engagement became generally
known. Malicious propensities could not be gratified enough by what
had already been done, and by the little persecution then enduring,
but the baneful malignity even extended to private and domestic
arrangements. Some one in Mobile, over the signature of Amogene
Colfax, addressed quite a lengthy communication to Miss Bowen.
This communication pretended to have emanated from a female
friend, the real object of which was evidently to poison and prejudice
the mind to an extent sufficient to mar the existing engagement,
and finally to break up all further considerations of the matter with a
view to bring on a reaction of public prejudice to take the place of
public sympathy, which was then running in favor of the defendant.
But few have any adequate conception of the heights and depths of
infamy which the clan could reach for the accomplishment of its
infernal designs. But in this instance all such designs proved signally
abortive, as will be satisfactorily understood by reading Miss Bowen’s
reply to a communication from the defendant while in prison.
It is very much to be regretted that the letter with the fictitious
signature of Amogene Colfax has been misplaced or lost. Its
appearance in this work would be valuable by the way of giving
some idea of the clan’s complicated machinations; however, Miss
Bowen’s reply will afford information enough to satisfy that she was
far beyond the reach of influences which contemplated the ruin of
both. Piety, firmness and devoted sincerity are conspicuous in every
line of the reply. Let the reader now judge for himself:

MISS BOWEN’S LETTER.

Ocean Springs, Miss., March 16, 1859.


J. R. S. Pitts, Esq., Mobile, Ala.:
Esteemed Friend—Happy indeed am I to have the pleasure of
acknowledging the reception of your kind favor bearing date 12th
instant, the contents of which are so consoling and interesting that I
feel entirely inadequate to the task of making the properly deserving
reply.
This is the first intelligence I have had from you by letter since I
heard of the last unfortunate results of your trial. Ever since the
reception of this sad news my mind has been a complete wreck.
Both mental and physical strength have visibly declined under the
pressure of contemplated burdens which you had to bear; but the
relief which this, your last letter, has afforded is beyond the powers
of description.
In the first stages every effort was made to conceal a wounded
heart, but in vain; the countenance of sorrow was too plainly
depicted to be mistaken by those around who are acquainted with
former cheerfulness. Laboring under pungent affliction from the
silent meditation of your melancholy situation, none but myself can
have any correct idea of the internal struggles with which I was
contending. Under such a compression of the vital powers, earthly
scenes had no charms for me; but the wings of last night’s mail bore
the glad tidings from you that all is well, leaving you comfortably
situated and cared for in every respect, which affords me the most
exquisite relief. From gloom and despair to joy and hope, the
transition was rapid and sudden. The following from your pen
affords a satisfaction which words are incapable of representing:
“You will please give yourself no uneasiness of mind so far as
regards my comfort and well-being. My friends here have situated
me as agreeably in every respect as I could possibly have desired.
Perfectly composed and resigned myself, I want you to share the
same, if possible, in a still higher degree.”
All of us, well knowing your entire innocence, deeply sympathize
with you; and, as for my own part, this ordeal has only been a trial
of my devotion—not knowing before the real depth of affection,
which is now more strengthened and indelibly fixed on thee.
Fictitious signatures cannot avail, nor indeed any other cunningly
devised schemes for the interruption of the peaceful concord which
has so long been maintained between us.
Even a brief narration of little ordinary simplicities may sometimes
be enjoyed by minds accustomed to higher ranges of thought, and
which frequently soar to loftier spheres of the grander
contemplations of nature’s wonderful works. Accordingly you will be
disposed to pardon anything which you may here find apparently of
a light and frivolous character.
There is nothing new in our village that could, I presume, be of
interest to you, unless accounts of frequent marriages would have
this effect. In affairs of this sort there has been almost an epidemic.
We have had quite an inclement change in the weather for this
season of the year. It is just now very cold, lowering, and quite
unpleasant indeed; but the joyous cheerfulness manifested by the
little birds indicate the early dawn of spring.
There is a charming lovely little mocking bird that makes frequent
visits near my window—sings so sweetly, and seems to enjoy life
with the utmost fulness of felicity, so much so that I am, in a doleful
hour, sometimes inclined to envy the happiness which I cannot at all
times share myself. Its warbling melodies echoing as they are wafted
along on the zephyrs of the morning and renewed again toward the
evening shades, sometimes excite peculiar reflections, which are
very wrong to indulge in. I ought to be content with my lot, though
it may seem rather hard, yet, perhaps, all for the best. The
dispensations of Providence cannot be otherwise; and it is vain to
repine against what we do not understand sufficiently. It is true my
pathway has been interspersed with many difficulties and heart-
rending trials from my earliest childhood; and they seem to still
follow me up to the present day. But of what use to murmur? He
who has blessed me with innumerable favors will do all things well.
“He who has been with and comforted in the sixth trouble, will not
forsake in the seventh.”
I fear you will think me enthusiastic on the subject of religion, but
hope not. All written has been sincerely felt; and were it not for the
comfort of religion hardly one happy moment would I enjoy.
Oppressed and fatigued, I can go to Him who hath said, “Come unto
me and find rest for your wearied soul.”
The family desire a united remembrance to you. Pardon error, and
believe as ever,
Yours, etc., Pauline.

DR. BEVELL’S LETTER TO MISS BOWDEN.

This is, perhaps, the proper place for the insertion of Dr. Bevell’s
letter to Miss Bowen. It contains important matter of a public nature,
which will again have to be referred to in the subsequent comments
which are to follow. Let it be carefully read:
April 12, 1859.
Miss J. P. Bowen, Ocean Springs, Miss.:
Excuse me, an entire stranger to you, for the liberty and freedom I
take in addressing you. Although, personally, we are unacquainted
yet my sympathies are with you and your unfortunate intended. I
formed his acquaintance in Augusta, Miss., while he was engaged in
writing the confessions of Copeland—the cause of his present unjust
imprisonment. Although he is in prison, and redeeming an unjust
sentence, his friends have not deserted him, as is too often the case,
but visit him regularly and inquire after his welfare with the greatest
anxiety, and endeavor to administer to his every want and comfort.
His friends, though numerous previous to his trial, have greatly
increased in number since. We have made an effort to limit his
imprisonment through the pardoning power of Governor Moore, by
an article addressed to him in the shape of a petition, with about six
hundred signatures of the most responsible citizens of Mobile; but in
this we have failed, and, to my deepest regret, he will have to serve
his time out.
We first drew up a petition to Judge McKinstry, signed by a
respectable number of the jury, but hearing of his negative
declarations on the street, we declined honoring him with the
request.
Although we have failed in these efforts, the conduct of all the
opposing clique strongly indicate to my mind that the principal
stringent ruling is to gratify, and sustain, and retain political
influence. The opposing party have by no means sustained itself to
the world, notwithstanding the obtaining of a forced verdict and fine
in the pitiful sum of fifty dollars, which the jurors are determined
shall not come out of Colonel Pitts’ pocket. The Colonel has the
sympathy of the principal citizens of Mobile; and, among that
number, almost, if not quite, the entire portion of the gentler sex;
and as long as he has those amiable creatures advocating his cause
he is free from all censure and harm. He was extremely unfortunate
in not being able to prove certain facts on his trial that have since
almost revealed themselves. I think myself they have seriously
regretted the past and present daily expositions. Colonel Pitts is as
comfortably situated as possible under the circumstances. He has
the entire liberty of the prison bounds, with no restraint whatever on
his person or actions—sharing freely the hospitality of our
inestimable Sheriff and family. He has an excellent little parlor, well
fitted up for convenience and comfort.
I was one of the unfortunate jurors who tried the case, and from
my observations prior to, and during the progress of the trial, in my
humble opinion he met with strenuous ruling and injustice. Yet he
bore all with that fortitude and patience that ever characterizes a
truly good man; and, since his confinement, appears to be
composed and resigned to his fate. This has had a tendency to
influence a favorable impression in his behalf among the citizens of
Mobile. His friends in Mississippi, who are very numerous, are very
much incensed against the Court, and manifested their indignation
by public declarations in their public newspapers. His greatest grief
and mortification are in your behalf. He suffers more on your
account than he does on his own. He has daily the fullest assurance
and confirmation of the kindest feelings of our best people. And
what more could he want? It is looked on as one of those
misfortunes incident in life that sometimes cannot be avoided
honorably, and the only chance is to brave the storm fearlessly until
a more congenial sun will burst forth to his advantage, which will be
better appreciated and enjoyed had he never been in prison. I do
hope you have firmness and decision enough to fast adhere in
adversity—spurning the advice of those who would attempt to
prejudice you against him. Sympathizing with him under the clouds
of misfortune, rejoicing with him in prosperity, and yet be happy
together; and may you both live, not to exult, but witness the
repentance of your enemies, is the desire of your well wisher.
Very respectfully, yours,
John A. Bevell.
Miss Bowen availed herself of the very earliest opportunity to
acknowledge and to reply to this valuable communication, in which
will be found some statements well worthy of record.

MISS BOWEN’S REPLY TO DR. BEVELL’S LETTER.

Ocean Springs, Miss., April 16, 1859.


Dr. John A. Bevell, Mobile, Ala.:
Sir:—I am in receipt of yours, bearing date 12th inst., and sensibly
feel the loss of suitable language for a correct expression of what is
due for your inestimable favor. It has been read with intense
interest. It came at the opportune moment when most needed, and
contains matter which to me is of the highest earthly treasure, and
for which the ordinary returns of gratitude are but a faint expression
of the true estimation entertained in my own mind.
To learn from one so competent to furnish correct information of
the easy and comfortable situation of my much esteemed friend, Mr.
P., is gratifying in the extreme. At first, imagination had drawn
pictures too darkly of him being immured in solitary confinement
where the cheering rays of solid friendship could not penetrate. How
agreeably I have been disappointed. Your communication has
completely dispelled for the future all such illusory apprehensions.
Friends numerous, and sympathy not confined to narrow limits, with
an abundant plenty of everything else calculated to alleviate the
misfortunes of a temporary exile.
But allow me to confess to you that the recent trial, with its
apparently sad results, has with me in no wise made the slightest
change deleterious to the future interest and happiness of my friend.
Previous to this memorable event in his life, with him I had pledged
for an early approach to the hymeneal altar, and was fully satisfied
then that he was, in every respect, worthy of such a pledge of
confidence; and if his merit were deserving the same in that day,
they are certainly, in my opinion, more so to day.
As yet I have not heard a single word uttered that does not fully
justify Mr. P’s action in giving publicity to the history of Copeland.
The public good of his country demanded such action from him.
Bearing in mind such circumstances, I could not, with any degree of
consistency, suffer myself for a moment to be biased or influenced
by out-siders, and, more especially, by those who are violently
antagonist against the author for doing that which ought to be
received by the public generally as a great blessing to society.
You will please do me the kindness at your earliest convenience to
inform Mr. P. not to suffer himself to be in the least troubled on my
account, nor to entertain any doubt of my unswerving constancy. In
this respect, perhaps I am endowed with as much stability as any,
and as much as he can desire.
Although heretofore strangers, nevertheless, I hold to be much
indebted for the warm interest you have taken in behalf of my
friend, and indeed mutually so of both.
Very respectfully, etc.,
J. P. Bowen.
From every creditable source, profuse attentions had entered
through all avenues of the prison wall; and now the defendant’s time
for which he had been sentenced was about to expire, preparations
were immediately made to honor him with a “reception committee”
to greet him from the narrow limits to the realms of liberty, where
dwells the broad expanse of earth and sky. Confinement had not
corroded the soul’s finer parts; and to show how devoid his mind
was of every semblance of prejudice or malignity, a brief extract
from his address delivered on that occasion when emerging from his
sentence bounds, will be read with some degree of interest.

AN EXTRACT FROM THE SPEECH OF THE DEFENDANT BEFORE THE


COMMITTEE.

“Gentlemen, at this proud moment, the breath of liberty is


refreshing. From an incarceration so unjust, you welcome me back
to freedom with as much joy as I can possibly experience myself at
this instant of time. Rather as a very much persecuted individual
than a criminal do you this day consider me. For this demonstration
of your kindly sentiments, as well as on all other occasions, my
gratitude is tendered in profusion. What is it that can not be endured
while being surrounded with friends so devoted and sincere? The
reception you have seen proper to give me, removes all doubts as to
the manner I will be met by other circles of my fellow beings. Well
do I know how hastily judgment is often pronounced without
sufficiently discriminating betwixt guilt and innocence. This morning
I leave the precincts of prison unconscious of any wrong by me
committed, but, on the contrary, am strongly impressed with the
convictions that I have materially served my country by giving
publicity to the career of a band of men who, for years, held whole
States in absolute terror. For this I have suffered, but do not repine,
because time, the great friend of truth, must eventually triumph.
From prison I come not forth burning with vindictive or revengeful
feelings against any. Notwithstanding the wrongs endured, I have
passed in my own heart an act of amnesty so far as private
considerations are concerned, and whatever course may be marked
out for the future, only the public good will, in this respect, afford
me any interest for subsequent pursuit. To you, and to other large
bodies of respectable citizens of Mobile, for petitioning the Governor
for pardon, although a failure, yet equally do I return thanks for the
best of intentions as though they had been perfectly successful.”
Immediately after his release, letters of condolence and
congratulations, from distant parts, and almost from every direction
poured in. One in particular from a friend in Gonzales, Texas, will
also be read with more than ordinary interest. Its spirit and intention
were to impel him forward to higher achievements of fame and
utility.

A LETTER FROM A FRIEND IN TEXAS AFTER DEFENDANT’S


RELEASE.

Gonzales, Texas, Dec. 30, 1859.


Dr. J. R. S. Pitts, Medical College, Ala.:
“Dear Sir:—In the sunshine of prosperity, friends will crowd around
like bees on the honey-comb, but when the lowering clouds of
adversity appear, there are but few who will not be found among the
ranks of deserters, your case, however, forms an exception to the
general rule. You have been favored by the benign and exhilarating
influences of fortune; and you have also experienced the dark and
bitter reverses with which humanity is so often saturated. At one
time, she has thrown around you a joyous halo of felicity—at
another time she has forsaken you with a treacherous inconstancy;
but amid all her various phases of change which you have endured,
the sympathy and good-will of every honest heart has beat high in
your behalf. Your vile prosecutors succeeded by miserable
subterfuges of law, which involved you in serious pecuniary
embarrassments, and consigned you within the dreary walls of
confinement, but time is now doing justice both to you and to them.
You are mounting up into a brighter—a purer atmosphere of public
estimation, while they are descending as rapidly into the dark
abodes of eternal execration.
No one can feel more elated, or more disposed to congratulate
you on anything pertaining to your interest, happiness, and success
than myself; and certainly none more willing to contribute at every
opportunity all within the power of one individual to your permanent
gratification: how could it be otherwise? I have known you long; a
chain of unbroken friendship has ever continued betwixt us; and
more than all, I am proud in the contemplation that I have had some
share in your early education.
Your attention is now directed towards the medical profession;
and here I can express a few words of encouragement without
acting derogatory to the principles of rectitude or sincerity; for if
thinking otherwise, most certainly would I prefer the task of
assisting at the risk of displeasing you.
The medical profession affords a fine scope for the developement
of every faculty belonging to the human soul. Man, “the image of
God,” is the most wonderful and complicated machine in the
universe. Here is the noblest of all subjects—vast, boundless, and
inexhaustible. Here is a theme on which the finest geniuses of the
world have been engaged: a theme in connection with which the
accumulation of intellectual wealth and constant progression have
been marching onward with giant strides from the commencement
of man’s mundane existence; yet but little hope—but little prospect
of ever reaching perfection; hence the encouragement for onward
acquisition for further triumphs of science.
Knowledge is valuable only in proportion to its applicability for
preventing or alleviating the sufferings of humanity; then where is
the avocation more adapted to better accord with this sentiment
than the medical profession? Of course, I exclude all consideration in
reference to the many quacks, empirics and murderers, who assume
the medical garb without the least sign of internal qualification.
There is nothing in all the wide diversified forms of creation that
can give you such lofty conceptions of the attributes of the Deity as
the study of man: Life’s warm stream which ramifies and circulates
in processes so wonderful; the numerous heterogeneous fluids
which are secreted from it to answer all the astounding purposes of
systematical economy with the nicest of all exactness; and all this by
a “vital principle” which none can define, but which serves very well
to represent our ignorance; the almost countless numbers of self-
acting—self-propelling powers, with multitudes of valves, hinges,
joints, all working in the grandest of earthly harmony; these are
mechanical operations which belong to the Deity, and mock the
proudest of all efforts in vain imitation. But what are these in
comparison to the human mind—this noble prerogative of man? It is
this which makes him the “lord of creation,” and draws the broad
line of distinction betwixt himself and the lower order of creation. It
is to this we are indebted for the manifold wheels, springs and levers
which carry society along; in short the moral transactions of this
revolving globe owe their origin and continuance to its agency. The
science of medicine comprises a considerable knowledge of the
whole. To understand any one business well, we must have much
information on the relation of many. The study of causes and effects
of physical phenomena, as well as the faculties, sentiments, and
propensities of the human soul, are all within your province. But
without enlarging, enough has been written to urge and animate you
on in the work you have so well begun.”

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