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In 1831-32,
Charles S. Cocke allegedly shot and killed
Zebulon Edmiston. The following account is in the
scrapbook of Dr. Willis S. Smith (now in the
Arkansas Historical Commission Collection):
A CRIMINAL
CASE
In 1831 or
1832, Charles C. Coches, having held hard
feelings (whiskey) toward Zebulon
Edmiston, for several months, shot and
killed Mr. Edmiston, and made his escape,
to the then wilds of Texas. Mr. Edmiston
was a large man, and said to be rather
overbearing toward his adversaries; but a
good honest man, very well respected by
those who had the chance to know him. Mr.
Coches was rather weak in physical
strength, and had been in serious
difficulties in the states, and had
barely escaped punishment there. The
governor of the territory (John Pope)
offered a reward for the apprehension and
delivery of Mr. Coches. The detectives,
however, were daily making use of all
chances to hear of his whereabouts. Mr.
Coches was taken sick in Texas, Mexico,
and was unable to secrete himself any
longer. He was captured and delivered to
A. E. Thornton, sheriff of Clark County,
by James Gibson, the then sheriff of
Hempstead county.
At the March
term of the Clark circuit court, 1833,
the case was before the grand jury, and a
true bill of indictment for murder was
returned unto the court, and the
defendant, Coches, was arraigned before
the bar for trial. The United States of
America - Territory of Arkansas vs.
Charles Coches - indictment for shooting
and killing Zebulon Edmiston.
The court
met according to adjournment, Thomas
Hubbard represented the U.S. and Robert
Crittenden the criminal. On motion of
Crittenden, the court appointed six men
as guards, who after being sworn, entered
on their duty. Mr. Coches health being so
bad, it was not safe to keep him in the
jail for he was in articulo mortalis. The
jail was an old log house, not good
enough for a well person, therefore the
prisoner was kept in a house where his
wants could be attended to. Mr. A.E.
Thornton, then sheriff, was connected
with affinity to Mr. Edmiston, and this
being made manifest to the court, an
elisor was appointed to act as sheriff
during the important trial.
The petit
jury was summoned and selected and the
case progressed. Each contested every
inch of ground they could in their favor,
respectively. Judge Hubbard was a lawyer
of marked ability, no better choice could
be made for the U.S. Bob Crittenden was
said to be the best lawyer in the
territory and as an orator had no equal.
Ashley and Sevier were called to assist
on the side of the defense, both very
able lawyers. After able speaking in
behalf of the prisoner, and the defense,
the case was closed.
The jury
returned a verdict of murder in the first
degree, as charged in the indictment. The
verdict of the jury was read in court to
the prisoner, and after other
preliminaries were had, his honor, Judge
Cross, ordered the prisoner to stand up,
and then asked the prisoner if he had
anything to say why sentence of death
should not be passed on him. The answer
being returned in the negative, the judge
passed sentence on him. The time fixed
for the execution was the 20th day of
April, 1833, between the hours of 10
o'clock in the forenoon and 2 o'clock in
the afternoon, the prisoner to hang by
the neck until dead. A motion for new
trial and arrest of judgment were
overruled.
The prisoner
was remanded back into the custody of the
sheriff, A.E. Thornton, and then into the
care of the guard, almost dead by that
dangerous disease, ascites. Drs. Cocks
and McDonald were chosen as physicians to
administer medical aid to the criminal.
They treated this case until the day of
his execution. Dr. Cocks was the best
read physician I ever had the pleasure of
meeting in Arkansas. On the day of the
execution, in Greenville, I saw more
people, than I ever saw, in Greenville,
up to that date. Several ministers
followed him to the gallows.
He made no
confession in regard to his future. He
said he died wrongfully.
[Sent by Howard V. Jones to Bob
Ewing, 26 Jul 1999]
The following
articles appeared The Arkansas Gazette:
MURDER.
At the late General Muster of the Militia
of Clark county, on the 29th ult., Mr.
ZEBULON EDMISTON was shot from his horse
just as he was leaving the muster ground
and apparently without provocation by a
man by the name of CHARLES S. COX, who
immediately fled and made his escape
though promptly pursued by 20 or 30 men.
Cox had been residing in that county for
some time past and has a family there,
but is understood to be a fugitive from
justice from Tennessee, where he had
committed a murder and is withal, a very
worthless man. Mr. Edmiston was a
respectable citizen of Clark county.
[The Arkansas Gazette, November 9, 1931,
page 3, col. 2.]
Stop the
Murderer.
$250 REWARD.
WHEREAS, CHARLES S. COCKE, wilfully,
maliciously, and without any known
provocation, late in the evening of the
29th day of last month, at the house of
Col. Jacob Wells in Clark county,
Arkansas Territory, did present a gun at
Zebulon Edmiston and fired immediately
and shot him through the body of which he
died in a few minutes. The murderer made
his escape immediately:
Now, therefore, I, Nancy Edmiston, widow
of the aforesaid Zebulon Edmiston, do
offer a reward of two hundred and fifty
dollars for the apprehension and safe
delivery into the custody of the Sheriff
of the aforesaid county of Clark, of the
said Charles S. Cocke; and I do hereby
bind myself to pay said sum to any person
who will apprehend and safely deliver him
into the custody of the sheriff as
aforesaid.
The said Charles S. Cocke is about 40
years of age, about 5 feet 11 inches
high, of rather a slender form, thin
face, light red hair, blue eyes, and fair
skin; it is supposed he will make for the
Texas. Said Cocke came to this county
some four or five years ago and passed by
the name of Charles Scott; his name
however was found afterwards to be
Charles Scott Cocke and as I have
learned, he has frequently told since he
came here, that he fled from the State of
Alabama for committing murder. \par Given
under my hand this 20th day of November
1831.
NANCY EDMISTON.
[The Arkansas Gazette, December 7, 14,
and 21, 1831.]
A
PROCLAMATION.
WHEREAS, it is represented to the
Governor of the Territory of Arkansas,
that a murder was perpetrated, in the
county of Clark, in said Territory, on
the body of Zebulon Edmiston, by a
certain CHARLES S. COX, who fled from
justice, and is now going at large.
Now, therefore, I, JOHN POPE, Governor of
the Territory aforesaid, to the end that
the said Charles S. Cox, if guilty of the
crime with which he stands charged, may
be punished according to law, do hereby
offer a reward of Two Hundred Dollars to
any person who may apprehend and deliver
the said Charles S. Cox to the proper
authorities of said county, to be there
proceeded against and dealt with
according to law.
Given under my hand at Little Rock, A.T.
this 10th day of January, 1832.
JOHN POPE.
[The Arkansas Gazette, January 18 and 25,
1832.]
We
understand that Charles Cox who shot Mr.
Zebulon Edmiston in Clark county last
year and for w hose apprehension the
Governor offered a reward of $200 has
been apprehended in Texas and brought
back and is now securely lodged in the
Jail of Hempstead county.
[Arkansas Gazette, October 24, 1832, page
3, column 1.]
CONVICTION
FOR MURDER.
At the Circuit Court of Clark county
which sat last week, Charles S. Cocke was
tried on an indictment for the murder of
Zebulon Edmiston, on the 29th Oct. 1831,
found Guilty, and sentenced to be
executed on the 29th inst. (April)
Counsel: for the prosecution, T. Hubbard,
Pros. Att'y., and A.H. Sevier; for the
prisoner, C. Ashley and R. Crittenden.
[Arkansas Gazette, April 3, 1833, page 3,
column 2.]
EXECUTION.
On the 29th ult., (April) Charles S.
Cocke suffered the highest penalty of the
law in Clark county, for the murder of
Mr. Zebulon Edmiston near two years ago.
We understand he died without making any
confession, though it is generally
believed that he had perpetrated other
murders than the one for which he was
executed and had committed at least one
act of brutality on a respectable young
lady before he fled to Arkansas for which
he ought to have suffered death years
ago.
[Arkansas Gazette, May 8, 1833, page 2,
column 3.]
PUBLIC
SENTIMENT.
Washington county, May 21, 1833.
Dear Sir. - ... A man by the name of ...
has been industriously circulating a
report in the county, that Col. Sevier
volunteered to defend Cox, murderer of
Edmiston in Clark county. This slander
has been circulating among the relatives
of the unfortunate man who fell by the
hands of Cox, for the purpose of injuring
Col. Sevier; but I trust it will have no
effect, when it is understood that
Crittenden and not Sevier, was the man
who defended Cox. This slander is worthy
of the man who has given it circulation
...
EDITORIAL.
We know not how any man could have the
hardihood to trump such an arrant
falsehood that Col. Sevier volunteered to
defend Cox. The truth is, he was employed
to aid in the prosecution, and we trust
it will not be derogating from the fame
of the Prosecuting Attorney, Mr. Hubbard,
to say that, Mr. Sevier, belongs much of
the credit of convicting the prisoner.
The murder was one of the most deliberate
and cold-blooded acts of the kind ever
perpetrated in the county, and excited an
almost universal burst of indignation
from the people, several of whom united
in employing Col. Sevier to assist in
bringing to punishment the wretch who had
committed such a flagrant breach of the
laws.
The defense was conducted by Col. Ashley
and Mr. CRITTENDEN, and we have no doubt
they used every exertion in their power
that duty required of them to save the
life of their guilty client.
EDITORS, Gazette.
[Arkansas Gazette, May 22, 1833, page 2,
column 5.]
Commentary
Zebulon Edmiston was related to several prominent men
in the community. As noted above "Mr. A.E.
Thornton, then sheriff, was connected
with affinity to Mr. Edmiston". Sheriff Abner
E. Thornton was related to Zebulon Edmiston by marriage because his
sister married David Crawford Edmiston, a brother of Zebulon Edmiston. Zebulon's wife was Nancy
Moore, who may have been related to Matthew and Nathaniel Moore, early
settlers and magistrates of Clark County.
Nevertheless, once again,
Charles Scott Cocke was surrounded by notable men
of the time. The accounts indicate that he was
defended by the law firm of Chester
Ashley and Robert Crittenden (precursor to the Rose law firm). He
was prosecuted with the assistance of Ambrose Hundley
Sevier.
Although Sevier
and Crittenden had started out as political
allies, in 1827, Crittenden killed Sevier's
cousin and political ally, Henry
Wharton Conway in a
duel. This caused quite a stir, both in Arkansas
and elsewhere since, at the time, Henry Wharton
Conway was a member of Congress.
Charles Cocke had
connections with both:
-
He had served with John
Crittenden, father of Robert Crittenden,
in the Virginia House.
-
He later contacted Sevier in
connection with his Pension Application.
Although there is
no indication that Charles Scott Cocke and
Zebulon Edmiston were engaged in a duel, politics
and dueling seemed to be a way of life in
Arkansas. Since dueling was illegal in Arkansas,
most duels were fought in places where dueling
was still legal. Even the judges who were
supposed to uphold the law, occasionally took up
arms against each other. Governor John Pope had a
nephew who was involved in several duels and
finally lost his life in a duel in Mexico.
In the case of
Charles Scott Cocke, the governor offered a
reward for his capture. Governor Pope may have
been motivated by more than a desire for justice,
since one of the people who dueled his nephew was
a John Cocke, who might have been a cousin of
Charles Scott Cocke. On the other hand, the duel might
have been with John Watkins Cocke who married Governor Pope's daughter.
John Watkins Cocke appears to be a descendant of Abraham Cocke and Mary
Batte, possible ancestors of Charles Cocke. |