The sensational case of the murder of John M. Daniel by Isaac Whitson on Dec. 12, 1832, is a rare local example of an early capital crime. John M. Daniel first appeared in the area in 1818 when he bought land near Hubble Creek just north of Jackson. In 1828 Daniel married Amantha Hector, likely his second wife. Daniel became a prominent businessman, owning nine local town lots and over 600 acres of land by 1830.

Isaac Whitson is a more shadowy figure, appearing in few local records. It is possible he was either a recent arrival in the area from Kentucky or may have been a laborer.

Daniel, Whitson and other men were drinking at a Jackson tavern on the evening of Dec. 12. At some point, Daniel and Whitson departed. For unknown reasons, Whitson attacked Daniel shortly thereafter. He shot Daniel in the right side of his chest, leaving a fearsome wound. Daniel was discovered soon thereafter. He languished for days before succumbing on Dec. 15.

Suspicion immediately fell on Whitson, the last person known to be with Daniel. The sheriff arrested him by Dec. 15. The Circuit Court returned an indictment for murder on Dec. 17, which stated in the flowery language of the time that Whitson committed the crime, "not having the fear of God before his eyes but being moved and seduced by the instigation of the devil."

Whitson pleaded "not guilty", and the court assigned Nathaniel W. Watkins, Johnson Ranney and Alvan Cook to defend him. Greer W. Davis prosecuted the case. The state assembled a list of 48 prospective jurors by the trial date of Dec. 27, dismissing all but 12. No records of testimony survive, but the case was circumstantial. Undoubtedly several witnesses from the tavern stated the accused and the victim left together, and Whitson possessed a gun of the sort used to shoot Daniel.

The trial concluded quickly, and the jury returned a guilty verdict. Watkins moved for a new trial, but Judge John D. Cook overruled the motion on Dec. 29. Judge Cook issued a sentence of execution by hanging on Jan. 11, 1833.

The court directed Sheriff John Sheppard to erect a gallows, near the current location of the old train depot in Jackson. On Jan. 30, 1833, the sheriff led Whitson from the jail, accompanied by the Rev. Thomas P. Green, prominent Baptist minister. A crowd estimated at about 3,000 assembled for the event. That number is notable in a county with a population of a bit over 7,500.

Green preached a sermon from the gallows. Remarkably, when asked whether he had anything to say for himself, Whitson responded with an address lasting about an hour. He confessed to the crowd that he committed the crime after indulging in habits of intemperance, gambling and profane swearing. Presumably, this speech included an expression of remorse for committing the murder.

And with that, Isaac Whitson met his fate for the murder of John M. Daniel.

Bill Eddleman, Ph.D. Oklahoma State University, is a native of Cape Girardeau County who has conducted genealogical research for over 25 years.