The following is transcribed from Superior Court records, State of North Carolina, Madison County, November 16, 1868 – State vs. James A. Keith. Murder #1:
“……The Jurors for the State upon their oath present, that James A. Keith, L. M. Allen, Wm Keith, Sails and Jay and divers other persons, to the Jurors aforesaid unknown late of the County of Madison and State of North Carolina, with force and arms, in the County of Madison aforesaid, on the 16th day of November, in the year of our Lord one thousand eight hundred and sixty eight, not having the fear of God before their eyes, but being moved and seduced by the instigation of the Devil, in and upon one Roderick Shelton, in the peace of God and the said State, then and there being, feloniously willfully and of their malice aforethought, did make an assault, and that the said…..” [The document repeats names above, and goes through more and more legal phrases. Finally the record says that they inflicted “several mortal wounds” with guns and pistols, and that “Roderick Shelton then and there instantly died.”]
Notes:
“divers other persons” means various or several other persons.
“Sails” might be G. W. Sale(s) or Henry A. Sale(s), both of the 64th NC Regt.
“Jay” might be Nicholas B. D. Jay or William H. Jay, both of the 64th NC Regt.
In the document, the date (16 November, 1868) is NOT the date of the killing. It is the date of the Jury’s findings. I’ve seen this in other court records of NC, and it is VERY misleading. The killing of Shelton actually happened in January, 1863.
James A. Keith was NOT the only man indicted for murder. He just happened to be the only one in custody and available for trial.
The trial was moved to Buncombe County for the Spring Term, 1869. Witnesses named in the court record were:
George McIntosh; Franklin Fisher; Wm Cody; Elizabeth Shelton; Liddie M. Shelton; L. P. Andrews [Anders]; H. Sprinkle; and B. W. Clark.
Dan Slagle, 2009