Elizabeth Colley, daughter of Spain Colley and granddaughter of Revolutionary War soldier John Colley, was brutally murdered by a slave owned by her husband William T. Burns. Elizabeth and William were only recently married (7-8 months) before the incident took place and Elizabeth was only 18 years old. It was inferred that the slave apparently felt that Elizabeth had unintentionally fatally poisoned her child (the slave's) and took her vengeance in a terrible manner. The incident took place in 1851 in Wilkes County Georgia, near the Rayle Community.
The following is taken from the actual Superior Court records and contains a very interesting view of life in 1850s Georgia:
MURDER: Malina, a slave on 9/3/1851 m. Mrs. Wm Burns, her mistress.
TEST: Jerry, a slave of Samuel Burns. Weds. morning "as I went to work met Mass William" asked him to let me go after buttermilk. Had asked his wife for some Monday when I carried a coat pattern. "He said I might go." "Mass William said he had cotton to gin and wouldn't go." When wit. arrived at the house (before breakfast), the doors were shut. Wit. went to kitchen door, Malina sitting suckling her child. W. said "Good Morning - where is Miss Betsey (Mrs Burns) is she gone abroad. No said Pris she has not gone abroad as I know of. She aint got up yet." Wit. "I came after butter Milk." Pris said "if I would come she could get some. I wish you would wake her. I will go directly said Pris when by baby stops sucking. Baby sucked some time & quit. Pris played with baby at intervals & baby began to suck again. W. asked again to wake Miss Betsey said she would when her baby stopped sucking. staid longer baby at last stopped. She sat as tho she wont thinking of witness or the milk." Wit. urged her to go. "Mas Wm told me said Pris to tie up this fodder I have done it. I brought two turns & have got 3 more to bring when I fetch them I will go & wake her. I cant wait said W[it] - go now, Im in a hurry." etc. Went up stairs with Malina. She went to door, called to Miss Betsy 4 or 5 times & said she could not wake her. Wit. insisted that Malina go in & they found the body of Miss Betsy. Someone had entered the room & dragged her "down on the floor and torn her all to pieces." Malina began to hallow "Lord uncle Jerry My poor Miss Betsy - My poor Miss Betsy - what shall I do." Wit. called Washington, who was cutting wood, & told him the pris's story. Washington said "My Lord almighty" & went after Mass William. Wit. walked half way into the garden & called Mr. Hugh. Mr. Hugh's wife answered. Wit. told her to make Mr H come quick. // Etc. CROSS: knew Mrs. Burns, "kind good mistress." Wit. worked for her before. Wit. belongs to Mrs. Burns' father, Wm Burns. Mr & Mrs Burns married some 7 or 8 months. Don't know if Mrs. Burns was kind to pris.
TEST: Wm Burns [husband of Mrs. Burns]. Describes finding his wife. Says he found $0.60 in Malina's possession that had been in a small box in his wife's work basket the day before the murder. Found that some of the meat had been taken from the smoke house & the keys (which had been in his wife's possession) were gone. Wit. left house about first light & told his wife he would not be back by breakfast -- had told Malina to tie up the fodder near the house & carry it to the corn crib. "I found the fowls in her possession I thought I would break it up - the chickens were my wifes. My wife & myself frequently complained to her about the chickens being gone. She wished her to have more than she did have. The negro new this." CROSS "The negroes heard his wife say she would have her whipped more. The Money could have been taken by anybody. The box was not locked."
TEST: Spain Colley [father of deceased]. Present at inquest on Weds. on Mr. Burns' house. Went into Malina's bed & found some things that did not belong to Malina. Found the money & some clothes supposed to belong to Mrs. Burns. Malina "a negro of high temper - she knocked a negro man in the head never saw it done, soon after I gave it [?] to Burns when he married my daughter." CROSS: admits there were runaways in the area. Doesn't know if Mrs. Burns was pregnant.
TEST: Wm Burns. (recalled as witness): had whipped the girl before, whipped her in the spring. Never suspected Jerry, "but thought that Jerry knew he was suspected." // only his wife & Malina at the house when he left. Washington was working in the new ground about 1/4 mile away. Axe found at the woodpile. "It was my axe but given to this woman to use when she had occasion for an axe."
TEST: S R Snead. Wound over right eye made with fist, wound over right ear made with an axe. Another wound in back of next, nearly cut in two. "exposed the spinal marrow." Found the axe; someone had tried to wash off the blood.
TEST: Amanda, belonging to Samuel T Burns. At Mr Burns when Malinda "lost her child. She was sent for to lay her child out. Malinda spoke to her and said that she believed that her Miss Betty had killed her. She asked why she thought so. She answered that the Doctor sent some medicine and Mrs Burns gave it all at one dose to the child. Some bad end would happen to her for that (i.e.) that some bad end would happen to deceased."
The verdict of the trial was death by hanging and the slave Malinda was publicly executed (probably on the square in Washington Georgia) on September 30, 1851.
Her murder may have occurred at the home of her father, Spain Colley.
Spain Colley is the author's 3rd great grandfather and Elizabeth Colley Burns is the author's 2nd great grandaunt.
(This page was updated on 9/1/2020)