The State vs Burrell Hamilton Bailey

Burrell Hamilton Bailey and family were among those living in the 1144th Georgia Militia District, later known as the Rays Mill district, at the time of the Census of 1870.  Burrell was farming  and seems to be one of those few who came through the decade of the Civil War better off than he was at the start.  In 1870 he owned $1000 in real estate and $1547 in personal estate.

In 1872, in a property swap with Hiram Ray, Burrell H. Bailey acquired a place situated about four miles north of Cat Creek.

When the Baileys moved to their new place Bradford Ray, the son of Hiram Ray and husband of Martha J. Swan, stayed on as a tenant farmer. But in 1873 a dispute arose between Burrell Bailey an Bradford Ray over the management of the crops. On the 23 of June, 1873, while the two men were in Alapaha, GA the argument turned violent; Bailey shot Ray in the stomach (see Showdown in Allapaha). Bradford Ray lingered with the wound for two weeks before it proved fatal. Burrel H. Bailey was indicted for murder.

Following the charge of murder, Burrell H. Bailey seemed anxious for the trial. Court notes show his legal actions expedited the trial.

Phil Ray, a descendant of Hiram Ray, has researched the court records of Berrien county and provides the following information:

The State vs B.H. Bailey
Murder
And now comes the Defendant into court and waives formal arraignment & copy bill of Indictment, list of witnesses sworn before the Grand Jury, plead not guilty.
                                                  Peeples Whittington
                                                  W. H. Lastinger
                                                  H. G. Turner
                                                  A.T. Mcfrityon
                                                  Defts Atty

But bringing the case to court was a protracted affair as indicated in a note from Judge Hansell dated Sept 22, 1874:

 The State vs B.H. Bailey
Murder
It appearing to the court that W. S. Nichols a material witness in the above stated case has failed to appear at the term of the Court after being duly subpoenaed It is therefore ordered that said W.S. Nichols show cause instated why he should not be attached for contempt of court.
         A.H. Hansell presiding

The March 20, 1875 edition of the Valdosta Times reported on the actions of the Court when the trial was finally convened:

Monday was spent in organizing the Court and the trial of several petty cases – but nothing worthy of note.

Thursday morning the criminal docket was sounded and the case of The State vs. Burrell H. Bailey was called.  Bailey was arraigned upon the charge of murdering Bradford Ray on the 23 of June, 1873. Up to the time of adjournment Wednesday afternoon the examination of the State’s witnesses only had been concluded. [More of this anon.]

Court notes provide further details of the trial

 Berrien Superior Court March Term 1875
The State vs B.H. Bailey
The following is a list of Jurors chosen & sworn to try this case:

1 E.J. Williams           7 S B Dorminy
2 C W Corbitt             8 John M Futch
3 L A Folsom              9 Thomas D Futch
4 J.J. Williams         10 David Hancock
5 E J McDermid      11 James Patten

In the final verdict, Burrell Hamilton Bailey was acquitted of the charge.

The State vs B.H. Bailey
Murder in Berrien Superior Court March Term 1875
We the Jury find the Defendant not guilty.
J.M. Futch

The State vs B.H. Bailey
Murder in Berrien Superior Court March Term 1875

The Jury in the above stated case having returned a verdict of not guilty it is ordered by the court that the Defendant be discharged without a day

Aug H Hansell
Judge B.C.S.C.

 

Not long after the trial, Burrell Hamilton Bailey moved his family to Florida.

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