Court of Inquiry for Murder of Alexander Alex Jordan-755

Date: Dec 1839 to Dec 1839
Location: Nacogdoches, Republic of Texas
Surname/tag: Jordan

Note: The following is a transcription of twenty handwritten pages of court records, transcribed in January 2023 by TUFF Ivy, forth great-grandson of Alexander Alex Jordan. In an attempt to clarify the transcription into a narrative form, this document was further edited by Richard Jordan, Profile Manager. The handwritten records were difficult and somewhat indecipherable and thus the text below was a best effort to digitize these historical handwritten records while preserving as much as possible.

Notable: The judge in these proceedings was the Honorable Thomas Jefferson Rusk, US Senator from Texas (1846—1857) and President pro tempore of the US Senate (1857). Rusk County, Texas is named in his honor. Rusk died in 1857 at age 53 in Nacogdoches, Texas.

Court of Inquiry for Murder of Alexander Alex Jordan-755

On Friday morning December the 8th 1839 the Court of Inquiry met according to agreement. Present: Chief Justice Rusk, Mr. Hart commissioner of the county and Bennett Blake assistant justice of Nacogdoches [Texas].

The witnesses were called and answered to their names. Bluford Mitchell being called on for his voluntary statement. Bluford Mitchell said he was not guilty of the charge [murder].

Thomas Sims said he never had any difficulty with the murder victim [Jordan]. It was under the excitement of the moment. The individual that was cut was unarmed and as he was again approached Thomas Sims gave him arms for self defense. Thomas Sims said Jordan and I were like brothers. Jordan took me to his sisters room that day and we were like brothers. Jordan took me to his sisters room on that day and we were like brothers and I expected that we would always live like brothers.

H Crutchen sworn:

H Crutchen said that W. Boyd and H Crutchen were going down the street and as they came to the bar. H Crutchen saw Jordan approach with his knife in his hand, his hand on the point. Bluford Mitchell did not know Bluford Mitchell was cut at the time. Jordan staggered up against Bluford Mitchell. Mitchell turned and asked Thomas Sims for a gun. Thomas Sims gave Mitchell a knife. Mitchell gave it back and asked for a gun. Thomas Sims gave Bluford Mitchell a pistol. Bluford Mitchell went to Thomas Sims for the pistol 3 or 4 steps. Jordan was walking off. Bluford Mitchell approached Jordan and Jordan turned around. He had heard the pistol cock. I [H Crutchen] heard the report of the pistol. Jordan fell. I [H Crutchen] knew nothing of the difficulty previous. There was no struggle at the cutting, not more than a moment or two till the shooting. When Jordan fell he was drunk. Jordan was walking off, he turned around and as he turned the pistol fired. H Crutchen heard the shot and saw Jordan fall. H Crutchen knew nothing of the previous difficulty. There was no struggle at the cutting not more than a moment or 2 from that to the shooting. When Jordan fell he was walking off. He turned and as he turned the pistol fired.

Thomas Boyle sworn:

On Monday afternoon Dec. 7th at about 3 or 4 o'clock I was returning home with Mr. Dowd. I saw a gent on horseback. I saw Bluford Mitchell leaning against the horse. My attention was drawn to him. I saw Bluford Mitchell put his hand behind his back and walk up the street to Thomas Sims who was standing on the side of the street and he asked Sims, did you see that and asked Sims for a gun. Thomas Sims handed him a bowie knife. I heard someone call out don’t. Bluford Mitchell walked 3 or 4 steps returned and handed Sims the knife back and asked for a gun. Sims opened his coat and handed Bluford Mitchell a pistol. Mitchell looked at it, carried it in a downward position and cocked it and walked 8 or 10 steps took, deliberate aim and fired and Jordan fell.

{Somebody?}:

On Monday afternoon I was sitting on the steps at the farm store. I saw Mitchell conversing with Mr. Yancy who was on horseback. Jordan approached Mitchell with his knife. I saw Jordan take it from his belt and cover it with his hand. I did not see Jordan cut Mitchell, but I saw Jordan make a motion toward Mitchell. I saw Mitchell go to Sims with his hand on his hip. Sims handed him a bowie knife. Next I saw Sims hand Mitchell a pistol. Jordan was staggering to [?] horse. I saw him fall. I saw Sims give Mitchell the knife and Mitchell give it back to him and I think Sims gave him the pistol. Yancy's horse was opposite the bar about the middle of the street.

F Floyd sworn:

F Floyd did not see the transaction. About an hour previous to the circumstance F Floyd was with Mr. Sims. Mr. Sims invited me to go the bar to drink. We meet Mitchell who said we had better turn our course as Sims might be insulted. There was a man abusing him [?]. He did not know his name. Jordan stepped out. Mitchell said that was the man. I said that was Jordan he must not hurt him. He said he would not. That he did not intend any harm. That they had had a difficulty earlier because Jordan was abusing Sims.

Sims was with Mitchell and in sight of him up to within 5 minutes of the explosion of the pistol.

Johnston Markham sworn:

On Monday 7th December Mr. Jordan was at the bar with others. Bluford Mitchell came in with 3 or 4 of his friends. Jordan said "heres old Mitchell". Mitchell said "this is old Bluford". Mitchell said you have the advantage of me. Mr. Dowd introduced them or said this is Jordan. Jordan asked them to drink. Mitchell said that they had came in for that purpose and would pay themselves. At that time Jordan said something about Sims. Mr. Dowd said if he had hard feelings at Sims to call for Sims and he would give him satisfaction. Jordan asked Mr. Dowd if he would take it up. Dowd said no. Jordan then turned to Mitchell and said "god damn you do you take it up". Mitchell said if he wanted he would. Jordan said I can whip you. Asked some person if he could. He opened his breast. I knew he was in the habit of carrying a bowie knife. I was expecting a difficulty but did not interfere. Then they made it up, shook hands several times. Mitchell said he did not want a quarrel but if Jordan did he would take it up. Mitchell then went to the bar. Jordan told him again several times that he could whip him. Jordan insisted on fighting him.

M. Brown sworn:

On Monday Dec. 7th. Jordan came to my house with Sims. They appeared to be friends. They went to the bar to drink. The next time I saw Jordan he was setting at my door with his hand cut. I supposed that he cut himself. The next time I saw him he was again at my steps. I then tried to get him on his horse to get him away as I was assisting him he was so intoxicated that he could not get on. Jordan said that he would go to the bar to get another drink as he got opposite the bar he took out his knife. He went staggering up to the man [Bluford Mitchell] and fell against him. The man [Bluford Mitchell] immediately went to Sims and called for a gun. Sims handed him [Bluford Mitchell] something which he [Bluford Mitchell] returned and asked again for a gun. Sims stepped out from the porch to the street and give him [Bluford Mitchell] a pistol from his pocket. Mitchell took it and advanced toward Jordan took due aim. That moment I [M. Brown] ran to prevent him [Mitchell] from shooting Jordan. Before I could get to the pistol Mitchell fired and Jordan fell. Jordan died of the wound the next day. As Mitchell called for the pistol Sims advanced to meet him. I [M. Brown] called out not to give him the pistol. Jordan had walked away 8 or 10 steps. Believes Mitchell walked a few steps with the first weapon before he returned. At the moment I [M. Brown] called out don’t. Jordan turned and was shot. Jordan had his knife in his hand. Jordan was in the habit of carrying a bowie knife and expecting a difficulty did not interfere. They then shook hands several times. Mitchell said he did not want to quarrel but if Jordan did he would take it up. Mitchell went to the bar and Jordan told him again several times that he could whip him and insisted on fighting him. Mitchell said if he ------- falling he would not want on his fighting side. He then asked Jordan why do you want to quarrel with me. Jordan asked why do you want to quarrel with me. The bystanders laughed at the reply. Then they [Jordan and Mitchell] shook hands several times and went in and drank after which they all went outside. Knows it was Jordan's pistol Sims got it from him sometimes that day. Jordan after the difficulty called for drinks several times, but did not drink an hour or nearly so elapsed before the shooting after the difficulty.

Sims is in the habit of wearing arms and said his was out of repair. Did not hear Sims express ill feelings toward Jordan. Jordan was much intoxicated when he threw his drink away. Mitchell said 5 or 6 minutes previous to the explosion of the pistol. He had no animosity at Jordan neither would he hurt him if it was possible. That was about 2 minutes previous to the shooting.

Sims was with Jordan and had been from the information of Mitchell we were speaking of Jordan in which conversation Sims manifested ------- and ------ toward Jordan at the time of the ------------ and had not taken ------- when invited. Seen Jordan about to mount his horse Sims said he would go by. There would be no danger. I [M. Brown] could not see either him or that man get into any difficulty. Went slowly halting occasionally and the transaction occurred while I [M. Brown] was in town. Sims had been gone from Mitchell so short a time that I did not know until the explosion of the pistol that he was present. Jordan's general character when drinking, was that he was considered dangerous. When sober his character was considered good. The object when halting as we went was to wait until Jordan was gone.

Dr. Brown sworn:

Jordan died of the wound. The ball struck him in the right cavity of the chest and carried down into the intestines. He died about 24 hours after he was shot.

Chas Whitaker sworn:

Saw Jordan on the Monday evening last trying to get on his horse but was too much intoxicated [Jordan] looked over his horse and saw Mitchell and said I must whip him. Jordan advanced toward Mitchell with his knife out [with] one hand on the point. He [Jordan] was to intoxicated to walk straight, he staggered and fell against Mitchell. Mitchell turned around and said what do you mean or something to that effect. They both appeared to back out and Mitchell put his hand on his hip and observed did you see that he stabbed me. He [Mitchell] then turned and called for a gun. I saw Sims meet him [Mitchell] at the edge of the street. I saw Mitchell return with a pistol. He [Mitchell] advanced toward Jordan, took aim, fired and Jordan fell. When he called for a gun Sims advanced to the edge of the street. I [Chas Whitaker] saw him poke his hand out did not see the pistol. I [Chas Whitaker] have seen Jordan intoxicated when he was not easy to command, believes he [Jordan] is regarded as overbearing when intoxicated. When sober had good character.

Dr Brown recalled: Sims and Mitchell came together and wanted me to examine Mitchell's wound. I thought he [Mitchell] was joking. I told him [Mitchell] to lie down on bed. Sims said he wanted me to attend to Mitchell and do all I could. Mitchell had a flesh wound on the buttocks 1 inch wide and 1 ½ inches deep. Must have been given by a sharp instrument. The knife I saw might not have been the same. The wound is below the pelvis might have struck the socket of the hip. There are parts of the body that a wound similar this one might have proven mortal. There is a difference between a ball and a bowie knife if Jordan had stabbed his knife at the place the ball struck Jordan it would have produced death. No instrument can be inserted into the flesh without producing pain. A man receiving such a wound might have been mistaken as to whether his wound was slight or dangerous.

Peter ?? sworn:

On the evening last the 7th of Dec. I got on my horse to go home. When I got to the barbershop Jordan and --------- were there. They said they were going to ride out. I halted and told Jordan to get on his horse. He attempted and failed to get his foot in the stirrup. I then said he [Jordan] had better stay he was to drunk. He said so too. Jordan turned and cast his eye about and saw Mitchell talking to Yancy on his horse. Jordan was an honorable man. Character he is the best citizen in his neighborhood Mitchell did not hear the threat they were about 50 ft apart. Jordan talks low. I thought he was mocking Mitchell and pulling a prank, he [Jordan] had his hand over the point of his knife.

John Gipson sworn:

Monday afternoon I was in the grocery reading @ 2 or 3 o'clock. I heard the voice of Jordan say to Mitchell do you want to fight me. Michael said you to much of a ------- to want to fight me. If you ------ your ------ you don’t want to fight me. I heard the explosion of the firearm and Jordan fell. Jordan was on the ground his knife was on the ground beside him. I don’t recollect exactly but think so. Heard one firearm and I went to the ground. Saw Mitchell with pistol, Sims on steps and Jordan had fallen on the street 8 or 10 steps from Mitchell. Sims said that's right he was talking to some person. ------------------

---

Republic of Texas County of Nacogdoches

know by all man present that Bluford Mitchell as principal Walter Murray and Kelsey Dunlop of said county and held firmly bound to Mirabeau Lamar president of the republic aforesaid this due upon an offer in the sum of $8000 each to be held upon our goods and chattel lands and tenements. To be void forever upon the condition that the said Bluford Mitchell to be and appear at the next term of the district court to be held for the county aforesaid on the second Monday in April next in the town of Nacogdoches and not to depart the said county ------- and then and there to answer to an indictment that may be performed against said Bluford Mitchell for the murder of Alexander Jordan then and in that case this obligation to be said ------ to remain in full force and ----sworn upon hand and seal this the 8th day of Dec. 1839. by the grand jury of said county ---- before signing

Republic of Texas County of Nacogdoches to the honorable Thomas J. Rusk Chief Justice of the Republic of Texas now petitioning Thomas Sims and Bluford Mitchell represents to you that they are being illegally confined in the jail of said county by virtue of a ------- on the charges of murder. Said petitioner being unjustly and illegally confined in said jail asks that you grant them the writ of habeas corpus that their cases may be investigated and disposed of as soon as possible by law.

By Thomas J. Rusk Chief Justice of the Supreme Court of the Republic of Texas to David Rusk sheriff of the County of Nacogdoches and keeper of the county jail. Greetings: Whereas Bluford Mitchell hath been brought before me on the charge of murder upon the body of Alexander Jordan and whereas Thomas Sims hath been brought before me on a charge of aiding and abetting in the murder aforesaid after having examined the same then by giving before us induced on our minds a story conviction of guilt. I therefore command you to receive into your custody in the county jail the bodies of Bluford Mitchell and Thomas Sims and thence safe it keep until such time as they are --------------------by due course of the law.

To the sheriff of Nacogdoches County greetings whereas Thomas Sims, James Sims, Frances Floyd, John Graham and Walter Murray on the 7th day of Dec. 1839 personally did appear before his honor Thomas J. Rusk Chief Justice of the Supreme Court of the Republic of Texas aforesaid did appear and entered into a bond obligation by which said individuals became obligated unto the Republic of Texas each in the sum of $8000 to be void upon the condition that said Thomas Sims should be and appear at the next term of the district court of the county of Nacogdoches meaning the April term of 1840 and not depart the said county without leave thereof and then to answer to an indictment that might be performed against said Thomas Sims by the grand jury of said county for the murder of Alexander Jordan and receive whatever judgment said court might then and there adjudge. Then the said obligation to be voided and of no effect. Otherwise to remain in full force and virtue. And when afterward to wit at the Sept. term 1840 of said court on the motion of the district attorney it was ordered that said Thomas Sims, James Sims, Frances Floyd, John Graham and Walter Murray be called who being each separately and solemnly called to come into the court or otherwise forfeit their said recognacise [sic] came not but made default whereupon the court ordered a judgment made against said individuals in the favor of the Republic of Texas for the sum of $8000 each and also was ordered that a scire facias [sic]----- returnable to the next term of this court commanding the said parties to appear at the next regular term of this court and show cause if any they have why the aforesaid judgment should not become final. And therefore command you to make known to the said parties to be and appear before our next ensuing term of the district court to be held in and for said county on the first Monday in March next 1841 and show cause if any they have why said judgment should not be made final and further to do and receive what our said court shall then and there consider of them in behalf under the penalties of the law and have you then and there -------

Sources

• Thomas Jefferson Rusk, https://en.wikipedia.org/wiki/Thomas_Jefferson_Rusk
• http://www.sonsofdewittcolony.org//rusktj.htm
• Nacogdoches, Texas, https://en.wikipedia.org/wiki/Nacogdoches,_Texas