Alabama, V-W, 1886-1997

A fun loving wife
with a lover on the side,

she was in a position

fo cause trouble until °
\ ie

STARTLING DETECT

a Mae Adkins was ready and waiting. Her lustrous red
and heavily rouged lips were perfect complements to
the sheer party blouse she had bought especially for this
occasion. The revealing silk dipped low between her
well-rounded breasts forming a Provocative V,

woman who saw her, ag

But it ended with a walk in the moonlight, violent death
and a hurried burial in a watery grave!

William Desmond found the body three days later. It was

Birmingham, Ala, :

“I was after a mess of perch,” the fisherman told Jefferson
County Sheriff H. ¢. Pelever after the bloated body had been
hauled ashore.

were warned not to go there at night. “But you can’t tell these
young bucks anything,” Deputy Parrish said after the sheriff

“I don’t believe this is a case where lovers were accosted by
a gunman,” Pelever told his deputy. “If it had happened
that way, the man who brought the girl here would have
come to us with his story. He would have had nothing to fear.”

The county officer thought the chicken wire indicated
that the murder was well planned.

The two officers searched the ground and woods
bordering the pond and found several tire tracks

a bullet &

HCTIVE YEARBOOK, Number 2 (196))


Annie Mae had anticipated a night
of love and excitement while her
husband was away on business. It
ended with a bullet in her head.

Silenced Annie Mae |

ig nee ser narra meen ctepncnne


The handsome man below was already

in trouble for his previous escapades
and Annie Mae, above, held the key
to his future. But not for a moment
did she ever suspect that his future
would include death for her murder,

A fisherma

“The tire tracks could be a big help,” Sheriff Pelever said, “when and if we
corner a suspect. But our best bet is the chicken wire. First ‘off, we’ve got to

identify the victim.”

No signs of a struggle,

“One more thing,” Coroner Evans added. “The girl had been drinking. She
had also eaten a hamburger less than an hour before she was shot.”

“That drinking and hamburger information could be important,” the sheriff
told Deputy Parrish later. “I believe the girl went to the lovers’ lane willingly
with someone she trusted, No signs of a struggle and a bullet in the back of the
head means she was taken by surprise.” ‘

The two officers visited several Birmingham jewelry stores and one owner
gave the investigators Some encouragement, “The wedding band won’t help you
much,” he told Sheriff Pelever. “But the engagement ring has an unusual Setting.
It didn’t come out of regular stock, Somebody had it made jo special order,”

The manager of 8 credit jewelry store on North Main Street confirmed that

“This is our ring,” he said. [Continued on page 45]

n was trying for a mess of perch in Gridley’s mill pond, above,
but instead found a floating corpse, weighted and wrapped in chicken wire.


* \, anyway.”
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January 10,
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Riddle of the
Slain Coquette

(Continued from page 21)

‘and. it’ won’t take long to prove it.”
The deputies could see that the girl was
fighting back the tears as they prepared
to take her husband. Peveler said, “I'd
like to take along the clothes you had on
Saturday night, Vaughn.”

“Sure,” Vaughn answered. “Get my good
clothes, honey,” he told his wife.

With an undefinable fear on her face,
Mrs. Vaughn brought the bundle of cloth-
ing and placed it in Peyeler’s hands.

“We'll be back tomorrow to have a look
at your husband’s car,” Peveler told the
young woman. “I want you to see that no

‘one touches it until then.”

At headquarters, the three deputies,
Sheriff McDuff and_ other officers took
turns in questioning Vaughn. Stubbornly
he clung to the story which his wife told.
Then he added another item of information:
“I did see Mrs. Adkins Saturday night,” he
admitted, “but it was at 6:30 pr. mM. I
didn’t see her to keep a date but to ask
her to a beer party I was planning for
Sunday. And I heard her say something
which might give you a line on her
murderer. :

“I. heard her tell her sister about an
old man named Conway whom she'd been
out with the night before. I heard her
say that she was going out with him again
that night and that she was going to hit
him up for a new dress!”

Peveler raised his hand. > “But,” he ob-
jected, “McDaniel and Mrs. McCutcheon
say you were with them on that party.
And three men have identified you as, be-
ing one of the men with whom Mrs.
Adkins left Greenwood’s Saturday night.”

“They're all lying!” Vaughn shouted.
“Sure, I was in my car at Greenwood’s
that night. But I was waiting for my wife,
Ruth—she’ll tell you the same thing !”

“We've already checked with your wife,
Vaughn, But there are more witnesses

against: you than for you.”

Vaughn shrugged. “That’s my story,”
he said quietly.

And the officers knew from past ex-
perience that he would stick to that story
forever.

The clothes Vaughn wore that fatal

Saturday night were examined minutely. —

There .were no traces of bloodstains on
them. Vaughn's car also was searched, but
nothing incriminating could be found.
Peveler studied the report of the autopsy
on Annie’s body. As there was no water
in her lungs, the coroner concluded that
she was dead before being pitched into
the lake. He believed that she died of
wounds in the head. There was a possi-
bility that she had been shot—a hole in

the skull pointed to that fact—but no bullet

was found and the flesh was so disinte-
grated that it was impossible to determine
whether or not (the hole had been caused
by a bullet. _

So that_no_ possibility. might- be over—
looked, the deputies questioned Frank
Parker closely as to his activities on the
murder night. Parker, whose -scalp had
been cut by the bottle wielded by Annie
Adkins and was still bandaged, quickly
proved his innocence. Willie Adkins,
estranged husband of the victim, likewise
gave proof that he knew nothing of the

’ tragedy. |

Vaughn’s story about the mysterious
Conway was checked, and officers could
find no trace of such a man. Evidently
Conway: was a bit of fiction invented by

INSIDE DETECTIVE

Vaughn,

Mrs. Vaughn was again questioned
rigorously.. There were discrepancies in
her story, and the deputies ‘felt that she
was holding back something. But even
though she became hysterical, it was ap-
parent that Ruth Vaughn would reveal
nothing more. .

As a last resort, Deputy Peveler fell back
on one of his first clues—the ‘chicken wire
which had bound Annie’s body. Taking
the netting with them, Peveler, Rickles and
Holmes set out to question every hard-
ware merchant in the vicinity of Mineral
wv a tea In nearby Brookside, at the store
2 iy M. Jones, they finally uncovered a
ead.

“Sure, I sold some wire like that about a
month ago,” said Jones. “Wait a minute

‘while I look up the date on my books.”

The merchant leafed through a day book.
Presently he put his finger om a penciled
item. “I sold twenty-five feet. of that kind
of wire on August 4,” he announced.

“Who bought it?” asked Peveler.

The merchant again consulted his book.

Sunny-faced Granville Vaughn—his
father lost out in a bitter two-year battle .
to escape Alabama's. electric . chair.

“Connie Vaughn, of Mineral Springs,” he
answered.

DEVELER was elated. He and his part-
ners immediately questioned _Vaughn
again and confronted him with the
merchant’s statement.

“Sure, I bought some wire from Jones,”
said Vaughn. “But I sold it again—to
Jerome Moore.”

Moore was brought in for questioning.
He admitted buying the wire from Vaughn
and went: with the officers to get it. When
the party got back td headquarters, Peveler
got a ruler and measured the wire.

“You say you bought twenty-five feet

“from Vaughn?” Moore was asked.

The man nodded.

“Did you ever measure it?” asked
Peveler.
“No,” Moore said, puzzled, “I took

Vaughn’s word for it.” -

“Well,” Peveler answered. “You actually
received only seventeen feet!” -

Peveler brought in the length of wire
which the coroner had removed from Mrs.
Adkin’s body. Slowly and with great pre-
cision he measured it. .

“What does seventeen subtracted from
twenty-five leave?” Peveler asked Moore.

“Eight,” Moore answered.

“Exactly. And there were eight feet of
wire wrapped around Mrs. Adkins’ body!”
He turned to Sheriff McDuff. “These two

pieces of wire were once one length,” he
said. “See how the cut strands match?”

“T guess that just about clinches the
case against Connie,” Holmes observed.

Still hoping to get a confession, and
knowing that Vaughn would not break, the
officers grilled Malcolm McDaniel relent-
lessly during the next day. Though obvious-
ly lying, the youth stubbornly refused to
break down, and finally Peveler’s patience
was at an end.

“Look here, McDaniel,” he snapped.
“You're riding straight for the hot seat
unless you tell the truth. You still haven't
explained how. your rubber heel happened
to get caught in that netting. If you give
us the real story there’s a chance you may
get off with life imprisonment.”

McDaniel considered the matter. “You
mean that if I turn State’s evidence you'll

promise that I won't get the hot seat?”

“Can’t promise, but there’s a chance.”

“All right, then, Dll, talk,’ McDaniel
said. “I saw Connie Vaughn shoot Mrs.
Adkins. He shot Her as she stepped from
the running board of his car. Connie’s
been my best friend and I hated to tell.”

“And you helped him wrap her body in
chicken wire and throw her in the lake,
didn’t you?”

“No, no!” shouted McDaniel. “It’s like
I told you. I saw him’ shoot her. I didn’t
know he was going to kill her when we
rode down to the lake. I thought—well,
all the guys were that way about Annie!”

Although McDaniel continued to deny
any part in the crime, the evidence of the
shoe heel made the officers believe other-
wise. And the fact that he withheld the
information so long, made it look all the
more as if he was a partner in the crime.
A long search for the murder gun was
instituted, but it was never found.

McDaniel and Vaughn were both. in-
dicted in the next sitting of the grand jury
and their trial was set for December 1
of 1936. -Vaughn’s relatives planned an
elaborate defense, and McDaniel attempted
an insanity plea. But this defense was
shattered when alienists declared him sane.

After a five-day trial, McDaniel was
given a sentence of life imprisonment and
Vaughn was sentenced to the electric chair.
Pretty Mrs. Vaughn fainted when she heard
the fateful words of the judge.

McDaniel was taken immediately to Kilby
Prison .in. Montgomery, while Vaughn’s
execution date was set for the following
January 15.

But Vaughn did not die on that date.
For two years after that, Vaughn's counsel
used every legal device known to save his
client from the chair. Faithful Ruth Vaughn
launched a widespread campaign for him,
and literally sat on the doorstep of the
executive mansion pntil Governor Bibb
Graves finally consented to see her. The

/ governor also talked with the condemned

man on Thanksgiving Day, 1938—an inter-
view in which Vaughn blamed the crime
entirely on McDaniel.

It was in vain. At the end.of the inter-
view, Vaughn came out to his wife, tears

streaming from his eyes, and said, “It’s no-

use, honey, I’ve got to go.”

Yet at midnight on November 25, 1938,
as Vaughn marched to the chair, he was the
calmest person in the death chamber. “You
are killing an innocent man,” he said, and
thanked all those who had interceded in his
behalf. ?

A few minutes later the lethal current
coursed through his body and he was
pronounced dead.

Will the mystery of McDaniel’s heel ever
be explained? Will McDaniel himself one
day tell the truth from his prison cell of
what happened on that ghastly Saturday
night? No one knows—but the murder of
Annie Adkins, alluring butterfly who played
once too often with fire, has been officially
avenged.

45


s

WALDROP, Billy Wayne, white, 30, electrocuted SP (Talladega) January 10, 1997,

WALDROP, Billy Wayne, white, Talladega Co.-On Oct. 7, 1996, the U. S. Supreme
Court turned down Waldrop’s appeal without comment. “...Waldrop was convicted of the 1982
robbery and killing of 72-year-old Thurman Macon Donahoo, Sr., in Talladega County., The
killing was the third linked to Waldrop in 1973, he pleaded guilty to killing two other men near
Anniston and carving his inials in their bodies. He was released after serving 7 years of a 15
year sentence. In 1986, Waldrop went on a 2 4 month-long hunger strike to proclaim his
innocence and dropped from 198 pounds to 132 pounds before he began eating again...”-Eagle,
Dothan, AL, 10/8/1996.


ATMORE, Ala (Reuter) - Billy Wayne Waldrop, a three-time killer who sought clemency after becoming a bom-again Chnstian, died
in Alabama's electric chair early Friday for the 1982 murder of an elderly man.

Waldrop, 44, from Anniston, Ala., was pronounced dead shortly after midnight at Holman Prison near the city of Mobile, a prison
official said.

‘He said he had God in his life, that he was ready to go and he hoped that the warden would be in the same position that he was in --
spiritually," said Charlie Bodiford, administrative service officer for the prison.

Waldrop's last meal was steak with fried onions and mushrooms, a baked potato, a salad, chocolate cake and cola.
The execution occurred a week after members of an evangelical prison group asked Gov. Fob James to grant a repneve.

Bill Gray, the governor's legal advisor, said more than a dozen Waldrop supporters put forward some persuasive arguments. Among
other things, the group argued that Waldrop suffered a head injury before the murder that had altered his behavior.

But state officials decided he had received a fair trial.

‘We don't take executions lightly. Every time you take someone's life, we try to systematically go over every point that was raised to
us," Gray said.

Waldrop was sentenced to death in March 1983 for the murder of Thurman Macon Donahoo, who was shot to death in his 100-year-
old home in Alpine, Ala., on June 3, 1982. His appeal was later denied by the U.S. Supreme Court.

In an early confession that was later retracted, Waldrop told police that he and two accomplices robbed the 72-year-old man of a five-
carat diamond ring, several guns, a tape player, silverware and $130 in cash.

Donahoo was shot in the head.

The murder came months after Waldrop had been released on parole froma 17-month prison sentence for the fatal stabbings of two
men in 1973. His initials had been carved into the bodies of the victims.

Before he was paroled, he had been cited for attempted escape and convicted of assault on a fellow prisoner.

02:09 01-10-97

Friday January 10,1987 America Online: Galba33 Page: 1


~~

Execution brings

THE ASSOCIATED PRESS

ATMORE — As condemned kill-
er Billy Wayne Waldrop sang a
verse of “Amazing Grace” in
mountain-hollow tones, Dottie
Jackson curved her forefinger
around her chin and gazed into the
death chamber at Holman Prison.

Hearing one of her favorite
hymns from a smiling Waldrop,
who was executed early Friday for
killing her father, only com-
pounded her grief.

But she said she was glad a “hor-
rible chapter” in her family’s life
had ended this way. She said Wal-
drop had “‘almost become an obses-
sion” as she amassed news articles
and trial transcripts for years on
his case, which drew her into keep-
ing track of other killers.

She now wants to “get away
from that kind of thing, because it

isn’t healthy.” Mrs. Jackson and’

her husband came from Tampa,
Fla., to this “maximum-security
prison near Atmore to witness
Waldrop’s death thanks to a 1996
state law that allows family mem-
bers to see the executions of those
who killed their loved ones. She
was the state’s first.

“I have seen other horrible
things,” said Mrs. Jackson, the
daughter of Thurman Macon Dona-
hoo, 72, who was shot in the head
and left in his burning house dur-
ing Waldrop’s 1982 crime spree in
east Alabama.

“I saw my parents’ house burned
and I saw my father’s charred
body. This has taken 14 and a half
years and a lot out of our lives, and

a lot of pain. I hope this will end it
fors,*

Just after midnight, Waldrop, 44,
was strapped into the electric

relief to family

chair, where he sang and waved to
a minister in the witness chamber.
“T love you,” the Rev. Elmer “Bud”
South of Pensacola, Fla., said from
the witness observation room,
clutching two Bibles.

Waldrop smiled and said a few
words to the warden, who later
told reporters that Waldrop indi-
cated he was ready to die because
he had found God and become a
good Christian — years after the
Donahoo murder capped a lifetime
of crime, starting at age 10, that in-
cluded more than 50 violations and
three slayings. q

A black veil was placed over his
face before the execution began. At
12:11 a.m., he was hit with a 20-sec-
ond charge of 2,200 volts of electric-
ity followed by 100 seconds of a
lesser surge. He was pronounced
dead nine minutes later.

Mrs. Jackson said prior to the
execution, “Amazing Grace,” had
been one of her favorite hymns.

“It will bring back horrible
memories for me every time I hear
it,” she said. “And the fact that he
looked at us and smiled — that
bothered me. I hope I can get that
picture out of my mind.”

Waldrop and his supporters is-
sued several requests for a stay of
execution Thursday, but all were
rejected. The last denial came from
the U.S. Supreme Court at 8:30 p.m.
Thursday. It set the stage for the
first execution in Alabama since
Feb. 16, 1996, when Edward Dean
Horsley was sent to death for sexu-
ally assaulting and killing a 16-
year-old North Carolina girl. It was
the 14th since 1983, when the state
reinstated its capital punishment
law. Waldrop’s death left 154 pris-
oners on Alabama’s death row, in-
cluding four women. %

COMING SUNDAY: Ruling says sales:

AD) SRTISEL:

SORE


Victim’s widow wants

By Jay Reeves
ASSOCIATED PRESS WRITER

BIRMINGHAM — The widow of a
man slain in a 1982 robbery said
Wednesday she wants the convicted
murderer executed this week, despite
his, last-minute appeals and claims of
eing a converted Christian.

Three-time murderer Billy Wayne
Valdrop, 44, is set to die in Alabama’s
lectric chair early Friday for the
xooting death of Thurman Macon Do-

itoo, 72, of Alpine.

‘The sooner the better,” said Julia

mahoo, 86. ‘“He’s just a born killer.”

Mrs. Donahoo hopes Waldrop has be-
come a Christian. “But that doesn’t
erase what he’s done to me and my fam-
ily,” she said.

Mr. Donahoo’s charred body was
found in the burned ruins of his 100-
year-old home after a robbery in which
$130 and a 5-carat diamond ring were
stolen. He was shot in the head before
the fire was set.

Mrs. Donahoo, who did not want her —

hometown revealed for fear of retalia-
tion from Waldrop’s family, was recov-
ering from cancer at her daughter’s
home in Oklahoma at the time of the
slaying.

SECTIG

THURSDA

January 9, 199}

‘born killer’ executed

“If we hadn’t been out there we would
have been dead, too,” she said. “Even
though it’s been 14 years it’s just like it
was yesterday.”

Waldrop has filed a last-ditch appeal
challenging his conviction and death
sentence, and Gov. Fob James is consid-
ering a request from a group of Chris-
tians seeking a reprieve for Waldrop,
who claims he is innocent.

There has been no decision from Tal-
ladega County Circuit Judge Jerry
Fielding, who is considering the appeal,
or Gov. James, officials said.

The U.S. Supreme Court already has
rejected two appeals by Waldrop, whose

supporters say he has an active minis
try inside Holman Prison, where deat’
row is located.

Mr. Donahoo’s murder came jus
months after Waldrop was release
from prison after serving 71/2 years fo
the 1973 slayings of Clarence Ralp
Snider of Calhoun County and J.I
Carter of Talladega County. Waldrop
initials were carved into their bodies.

Waldrop’s record also includes co!
victions for assault, larceny, attempte
murder and escape. A prison spoke
man said Waldrop was a constant pro
lem for correctional officers until 199
when supporters say he became
Christian.


“WALKER, E.nest Cornell, black, 25, elec. Alas (Jefferson) 12/i/19596

> a
ne ee.

November 25, 1958

PSYCHIATRIC REPORT

PATIENT: . Earnest Cornell Walker
DATE OF EXAMINATION? 11/24/58

Place of Examination: JEFFERSON COUNTY JAIL

¢

The subject gives his age as 24 and answers a number of questions
quickly and without indecision. He says he lived in Birmingham, went to
school here, got to the ninth grade, quit to go to work because his mother
needed his help. When asked about recent work he said he had been in the
Federal Penitentiary on a charge of inter-state shipment for the past two
years. Clothes were the articles involved. He had been in the County
Jail for two weeks, according to his statement. When asked why ke said
on account of rape, and when questioned furthe®she added robbery. He tells
of having raped 14 women since 1955. The first woman he raped was one that
had happened to be a neighbor in the past, but he didn't know it at the time. -
All of them were colored except this one for which he is being held.

When we went into a bit of a discussion about ordinary sexual
relations and rape he says that it is different, that he could be with
his girl friend and not want to touch her and yet have an urge to rape
somebody. He states that this was one reason why he quit work at the
school. When he was working at the school he had an urge to rape some
of the girls there. He cleaned up the restroom and they had to get after
him about busting into the restrooms without appropriate announcement.
The first time he quit his boss urged him to come back. The second time
he quit for good.

He revealed that on occasions, when a woman would resist him
he would have the urge to kill her. He said he tried to kill one woman
with a pen knife and by choking her, but he just didn't do it. She was
the twelth woman that he had raped. He threatened to kill Mrs. Burgett
unless she submitted to him. He says that the youngest person he raped
was 18 and the ages ranged on up to around 50. He was 22 when he raped
the first person.

When asked where he got this urge to rape he said he guessed
he got it from movies and magazines.

When questioned about his penitentiary term he said he was
first in the reformatory Chillecothe. He worked in a chair factory
there and when he wasn't busy he would look at scrape books of different
-semi-nude women. He then went to the Atlanta Penitentiary. When asked
whether he preferred white women or colored women he said it made no
difference. When asked if there was anything unusual, in his opinion,
about his desire to rape he says no.


: © THE WEATHER.

‘ee
‘ ” WEATHER BUREAU,
Data. for 24 hours ending. at q p. m.,
Friday, J une 2, 1911.
~~ |Bar.| |Tem.| Wind.jPre. | Weather.

Ta. m... 129.07, SL IN 4f -00jClear.
7 [29.93 89 |S | |Clear.

,

Here Is Pscmechings
. That Will Interest. |
Men and ‘Young: Men

YEEND & POTTER’ :

Great ‘Value-Giving

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$1350" and $15. Men’s Suits
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 Shsts ei

, a J DROATCAKE An //

1| time, June 2, 1911,

ichent temperature, 95; "lowest, 76;
mean, 85; normal, ‘77; eso humidity, 64;
total precipitation, 1) SER ay

MeATHES: CONDITIONS. :
The maximum
temperature at
eleven stations in
Oklahoma: averag-
4 es 100 degrees, and
| hot dry weather
prevails in. nearly
aly sections in the.
eastern half of the
country, a high ba-
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with
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weather’ in the
southern Rocky
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region. A barom-.
i Ba ete pein
vale scatte pre-
ls over the northern Rocky
ountain region, and another low area

ft TMA BEARY |

fair weather is

‘states, over the New Wngland ;

' ATbert Ashenberger,
ce Forecaster, Weather Pdr

Observations taken at 7 a. m., central

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with moderate temperature and generally :

*“|.8T0, who came to.the city at the ex-

‘>| at an execution in this county before.

BILL WALKER’S
CAREER ENDED

MURDERER AND RAPIST LDEGAL-
LY EXECUTED FRIDAY.

Death . Resulted From Strangulation
and Life Was Pronounced Extinct
Fourteen Minutes After the
Drop Fell.

Bill, allas Gus Walker, alias Cooney
Ford, negro murderer and rapist, was
Jegally executed by hanging Friday
morning at sunrise, the negro swing-
ing from the gallows for fourteen
.minutes before life became extinct
Shortly before being brought from
the condemned cell, Walker con-
.fessed to Sheriff Palmer that he was
‘guilty of all the crimes charged
against him, saying whiskey. was re-
Sponsible for his acts.

The hanging was very qutet, only
those being present who were speci-
fled by law. The negro was game'‘to
the end, telling the deputies that. he
was gettmg his just due and that
though he tried to save himself by
writing to the governor that he was
innocent, he felt all the time that he
deserved to be. executed and was
ready to go.

After being dressed and brought
from his cell, and just before he asg-
cended the scaffold Walker asked
that each deputy in the audience
raise his hand so that he could thank
‘him personally for kindnesses to him.
He then walked upon the scaffold and
bade all hands good-by as the depu-
,ties fixed the noose around his neck.

Sheriff Palmer and two deputies
pressed triplicate electric buttons
which released the trap, throwing the
negro to his death. His neck was not
broken, death being due to strangu-
lation. The aged, mother of the ne-

pense of Sheriff Palmer, carried the
remains of her son to Marion Junc-
tion for burial.

' Walker was the first person exe-
cuted since the new jail was built and
the electrical arrangement which
threw the trap had never been used

The electrical device was designed

..fand installed by Frederick A. Orr, 1

foreman of the Cox BElectrieal Com- |
pany, and no one but the electrician |

St. Paul

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CAPITAL PUNISHMENT RESEARCH PROJECT
P.O. Drawer 277 - 100 East Main Street
Headland, Alabama 36345

Watt Espy Phone
Research Specialist (205) 693-5225

16 April 1990.

Judge Val McGee,
Dale County Court House,

Ozark, Alabama 36360

Dear Val?

I rode up to Echo vesterday and was able to locate the erate of
William J. Ward, It is at the Echo Methodist Shurch cemetery
(across the street from the church) and has a nice marker in a
good state of repsir. The inscriptions (one on each of the
four sides read as follows, running clockwise from the front:
(1)"Wm. J. Ward, Born July 18, 183), Died March 19, 1886:"(2)
"Our Father x Our Brother"; (3) "Our Desr son x My Bear
Husband"; and () "The Lord gave, and the Lord hath taken
away; blessed by the name of the Lord." He is buried alone
in a two-gremwe lot, surrounded by an iron fence (the only one

in the cemetery so set apart) on the very back row. Further
d own (his grave is next to the road) on the same row, are

the graves of his youngest son, Sterling (born June 1, 1877, died
July 24, 1919) and his wife, Laura Mae Riley, (born Dec. 31, 1888
and died October 9, 1862, who was married to Oscar Glover after
Sterling's death) and the grave of Emma Ward, wife of W. J. Ward
(his oldest son). She was torn Jan, 16, 1872 and died on Sept.
21, 1929. There is a slab next to her crave which has an in-
scription so faded that I could not read it, but it is possibly
the grave of her husband. An interesting thing is that there are
dead plants, though of recent origin on the graves of the execu-
ted William J. Ward and Emma Ward,

I was unable to locate the grave of Jacoh Parmer thouch I looked
both there 9nd at Mt. Garmel where, incidentslly, I found the

grave of Bill Sketo, in amazingly good condition, and his wife,
There are a number of Parmers who are huried there, so it is possi-
ble that Jacob is buried in an unmarked erave there, |

Due to the age of these tombstones, it micht be a good idea for
someone from your Historical Society to photograph them now, while
they are still in a good condition to do so,

Enclosed is a copy of the article from the Atlanta Constitituion
concerning the Ward execution, end I will forward other items to
you as I get them,

With best wishes, I am,

Sincerely,


om

ong peaeee
HANGED IN OZARK.

wim cenaenaacsionmasieeaee
am J. Ward Executed for the Murder

Jacob J. Parmer.

Wa en Ala, March 19.—{Special.] --
censibhs waa hanged at Ozark, Dale
satan ween the hours of 12 and 1 o’clo:k
Le the murder of Jacob J. l’armer
aa taken from jail at Clayton, where
pocorn fe aced for safe keeping,yesterday,
iene Th Ozark, where he was executed
6 execution waa private, being wit-

he h
and

nessed on)

ly y by the ‘officers, ministers and re-

_ William J, Was mi obened
in Dale county, Ala
was a bright septembe
persed through the
on horseback,
home down th
home tbat nig

going home, Wa:
away in the au din

returned
Strange] yg dlp ag

committed,
found by his

ebbing f: ci
pik astaway, Kind hands carriel him

When the sun had ri
I ris
ee ene home pa ae i eens
of the fi a about 2 o'clock on the as Lees
te ng of October. He feukined Gare
yen - r e last, and {n the presence of +
pea ye death bed declaration. The
Weedban i ere, Charles Brannon,.Willi ar
Fe cage H. Bright, Seaborn Bra "
The tise tin. bit Binuefild
n at whil iding

ae: hyynl toward his yg Bo Wand
iad i ck ‘Palmer) and aaked ‘hiro bis
ake aca Man him, and then, without
Bish twice ae ard drew a revolver and shot
F oadhrskiag ne in the back and then ino the
can h eee said he knew Ward wary
one lala “ae. Simpson, the attending pb vd
ries: ¢ reached Palmer on tho pb any
* scoot lovey and found him dead. He adr
tedeae ae ‘_ of the wounds and found that
eaaind ad been shot twice. «ne shot
pws ha 16 left side near the api
lente nie surface two inches below ‘ie
ep he other shot entered the ri Bt
1 prveat cr ay came suk the
av eedysoss the beurt, and ange Ne log
red cia lung. The pbysician Feros
panda = wound would. have predec I

. © weapon that did the marderees

murdered Jacob J. Palmt

he September 30th, 1553. It

sf afternoon, and FP

be quiet little vill “ of Fake

pony in the dir n of his

o ‘oad toward Newton. He went
with wounds that would not

heal—heme to }

tails inger but a little whil i

then fodie and tears of the loved coun and
Very 800:

n after Palmer rode through Fi:ho

e8een to ride rapidly

ection, oe soon after
. in

yin pelts ag the bigody dead te

a ‘in the evening Palme

four miles ee bone ne re Bown reudide

pistol shot wounds and achag Saget va

aS

Ala., Mar. 19, 1886

THE TRIAL,

The case has been rather & remarkable one
in the criminal jurisprudence of Alabama.
Pale county is in a quiet corner of the state.
Its annals are uneventful,comparatively sperk-
ing, and its people are peaceful. That is the
rule. Very naturelly the Palmer murder was
followed by a wave of excitement, The kill-
ing, in cold blood, of one white man by another
was itartling, and for a thme the feeling |
of indignation against W ran high
among the people. ‘He was arrested
and had a preliminary trial, which
resulted in his commitment to prison withoat
bail. He then applied to acourt of chancery,
by writ of habeas corpus, for bail, which was
again withheld. He was defended by Colonel
Oates, nOW 3 member of congress from Aia-
bama. An appeal for bail was made to tbe
supreme court, but the judge affirmed the
ruling of the chancery court. The prisoner
waa then tried for his crime in the circuit
court of Dale county. The jury in the case
returned a verdict of guilty cf mur- ;
der in the; first degree, and |
fixed the penalty. of death by hanging. Again
the case was appealed to the supreme court,
and again the decision of the lower court was
sustained and the sentence tbol g PF Peti-
tion after petition was presented to G
GU'Neal, praying him to commute the death
sentence to imprisonment in the penitentiary
for life. The main reasons urged by the
petitions preying for # commutation were
that homicides are very rare in Dale county;
that the killing of Palmer caused great excite-
ment and feeling of indignation ‘among the
people at the time, and that the jury who

made out the verdict were actu by this
same feeling rather than by the true status of -
the case.

It is said that Palmer had purchased some
land that Ward, expected or wished to pur-

work was a thirty-two caliber revolver,

chase, and hence the hard feeling that existed

between them. Farther than that, no cause

for the fatal difficulty is known. The hahging

| of awhite man in Alabama, and in Dale conaty,

‘ at that, is a remarkable event in the country’s

| history. Ward was the first white man
banged in the state since the late war.

The governor firmly refused to make the
commutation, and in reply said: “I regret
that the reasons urged do not raise a doubt of
wy duty in the remises. If their was & sin-
gle doubt I wonld be quick to give the benefit
of it to thedoomed man. I am constrained to
let the death sentence be executed.”

On Friday of last week, just one week be-
fore the day of execution, Mrs. Ward, wife of
the doomed murderer, visited Mpntgomery,
sought Governor O’Neal snd besieged him
with a prayer to commute the death sentence
or grant & aa 193 but her pity-p!
of vo avail. e governor knew
gating circumstance, and again
change the sentence, which was
ecuted today,

Ward was born of respectable |pa
Dale county in 135, and was at his
yearsold, He bad a common edupation, was
gman of more than ordinary iptelligence,
pleasant address and gentlemanly ien. e
was five feet six inches tall, carri himself
wel), had blue eyes and was rather! .
He leaves bis third wife and severbl children,
having lost two wives by death. {

And today William J. Ward, in; the very
ncontime of life—in the fall fiush pf 2 vigor-
ous mavhood—passed from the lights of
time and went to eternity via the gallows.
That was the way he chese. He gimply paid
‘the penalty of his crime—life for life—aad one
more victim to wieked has fallen fa

the way of the thousan who have goue be-

fore to keep Death busy with his ghastly ear-

page.

s

4
£

thirty-eight marble tombstones in the churchyard on a sloping
hill. The rain from the fields above and from the eaves of the
church caused edges to be caved in from time to time. Four
graves are there now; the church is no more. James Ward b
November 1, 1783 inS. C.; d February 28, 1860. Nancy Ward
b 1794 in S. C.;d September 6, 1851, age 57 years. James J.
_ Ward b September 9, 1820, d September 11, 1843. Another
grave with a broken tomb in row of Ward graves, the base at
headstone is there, marble marks the outline of the graves,
marble pieces not large enough to put together in order to read
the inscription.

We may feature this little church and cemetery in 1843, asa
quiet spot to attend church and a fitting place for burial. Now
1960, the four graves are near the edge of a great gully which
gradually gets deeper at the west and where through debris of
broken limbs there are bones of the human body. In rainy sea-
sons, the water from this slope flows through this gulley into a
wet weather branch into the Choctawhatchee River.

THE WARD FAMILY

The wife of James Ward (1783-1860) was Malinda Parish,
known to her family as "Nancy". In some records she is listed
"Miranda" and ''Melissa".

Children:

Maria m James McKissack. Eliza m Wesley Peebles. Elias
J. m. Oates. William m Owens. Permelia m W. J. Galloway.
John J. m Martha Davis b June 24, 1822. He was a twin to Mary
Ann. Mary Ann Ward m Ephriam Oates on August 16, 1849. Ed-
ward J. b 1828; m Mrs. Eliza Oates Smith, February 3, 1841.
v Will of Edward J. Ward.

Ward, from Records of E. T. Riley.

J. T. Ward b January 16, 1869, son of Thomas and Elizabeth
Ward; m October 24, 1886 Marsella Sewell, b January 6, 1862,
daughter of Elie and Sarah Sewell. Their children: Eldridge b
November 10, 1887. Lessie b July 12, 1890. Reuben b February
28, 1896. Thomas b March 31, 1898. Essie b August 7, 1900.

Monroe Ward b August 5, 1873, son of Thomas and Zilla Gallo-
way Ward; m February 11, 1896 Frances Riley, b November 14,
1878, daughter of Joseph and Jane Riley. Their children: Tal-
bert b December 2, 1896. Birmab May 12, 1899. J. B. b De-
cember 2, 1902. Erma b July 1, 1908. :

Thomas Ward b January 8, 1843, d June 13, 1920, son 9
Jonathan and Mary Ward;m November 15, 1869 Anzilla Gallo-

way, b May 18, 1850, d June 13, 1930, daughter of J. E. and
Lizzie Galloway. Their children: J. H. b September 17 1871
Monroe b August 5, 1873. Eudora b March 12, 1877, Chellie b
January 5, 1880. Olive b April 25, 1886. Malton b September 10
1888. Alvah b December 23, 1892.

Charles Ward b July 17, 1868, son of Jack and Mary Ward.

1 Octavia Boothe December 25
1887. She was b October 19, 1868, daughter of J. M. and teas
She d July 31, 1895. Hem. 2 December 30, 1896
Mary Clark b September 13, 1867, daughter of Jack and Jane
Clark. Shed December 25, 1900. He m. 3 March29, 1905 M. J
Clark, ae
Children of W. F. and Octavia Boothe Ward: Lillie b July 10
1890 and Pastorie b September 19, 1892.
scare W. F. and Mary Clark Ward: Foy b December 12

Children of W. F. and M. J. ;

1906 and Jesse b October 18, ie er ia a

Henry Ward b January 12, 1871 son of Jack and Mary Ward:
m March 28, 1895 Eliza Riley b June 20, 1875, daughter of dices,
ham and Dilly Galloway Riley. Their children: Ioda b January
28, 1897. Consie b October 26, 1898. Foy b June 28, 1900
Donise b May 17, 1902. Esaw b February 28, 1905. Mittie and
Missie b April 1, 1907; Mittie d March 8, 1908.

illiam J. Ward b July 13, 1834, d March 19, 1886, son of J
G. and Nellie Ward. He m March 19, 1877 Henrietta Sowell b
April 16, 1860. Their children: Sterling b June 1, 1877, d July
24, 1915. A. M. b January 26, 1878; m August 1899 Minnie b
January 31, 1881; m. 2 Jinny Newsome. Leole Conner, b Sep-
tember 15, 1882, daughter of Huey and Nellie Conner. i. O. Db
December 9, 1883; m Maggie Ming. Lucy b June 16, 1888, d
July 26, 1888. James b January 20, 1882:m Nellie Wood b March
22, 1881, m December 31, 1903. She was daughter of C. C. and
Charity Wood.

Children of James and Nellie Wood Ward: Elna b September
4, 1904, d April 13, 1907. Weda b September 4, 1904, twin of
Elna. Blanche b January 12, 1908.

Children of A. M. and Leola Connor Ward: Warner b March
23, 1899. Lottie b July 10, 1901. Nellie b December 27, 1903.
Lucy b October I, 1907.

Child of W. J. Ward (1834-1886) and wife: William J. Ward
b April 18, 1860, don February 22, 1943; m Emma Smith b Janu-

jay &, (SVC, Yoh latter wae targed ¢
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li iam


By Charles B. Ryan, Jr.

and featuring
Deputy Sheriff H.C. Peveler

of the Homicide Squad
Jefferson County
Birmingham, Alabama

The body of a woman floated in
the water, head and shoulders
above the surface, the rest sub-
merged. Was it a neighbor, a
friend who had met such a tragic
end or was it a stranger, some
outsider who had been lured to the
mill-pond ... and to death?

UDDEN, imperious ringing of the telephone shortly after

9 o'clock on the morning of Wednesday, September

9th, 1936, broke the quiet of the mid-morning inactivity

in the office of the sheriff of Jefferson County at Birm-
ingham, Alabama.

‘Assistant Chief Clerk P. L. Gay picked up the receiver.

“Sheriff’s office, Gay speaking.”’ he said.

And from the quick change of expression on his face even
before he turned to convey the message to me, I knew the
call was urgent.

“Murder,” he announced grimly, “a woman—killed and
thrown into Baggs Mill-pond near Mineral Springs. Man
named Densmore—Will Densmore—found the body. He'll be
there to show you. He’ll flag you down on the road.”

Ready to go, I called through the PBX board for the
coroner’s office.

Coroner G. M. Evans was not in at the moment and Deputy
Coroner Charles W. Parrish answered. A minute or so later
we were headed toward Mineral Springs, a community in
the ore mines district of Jefferson County, not far from
Birmingham in the western section of the county.

Speeding through the residential section of the city proper.
{ remarked that things had been entirely too quiet the past
week or so—something was bound to have happened.

Soon we were on the more open stretch of road. in the out-
lying sections. A short distance more and we would be there.

Who could this woman be? What startling secret did Baggs
Mill-pond hold? Its waters were as still as death itself—-
serene and unruffled through the years since the old mill house
gave way to the march of time and modern machinery.

Death now stalked where once the old water-wheel ground
away slowly crushing corn from surrounding fields into meal
for “corn pones”—cornbread for the tables of the simple farm
folk; the few who chose to wrest an existence from the soil

64


is STAR bs

2d, but had-to confess that nei-

his aunt, nor his uncle—Mr..
Mrs. Franklin,’ well known and
ected citizens of the town—
d substantiate the time of his
val at their place.
ie phase of their probe com-
aly puzzled the three éfficers
chey returned to Birmingham

evening. ‘Why would Lola
¢nfield, an old and close friend

he victim, lie about.the activi- ‘

of herself and Mrs. Adkins on
night on which the murder was
2ved to have taken place? Was
possible, the deputies asked
nselves, that she was attempt-
to cover up some other man,
real killer? :

think we’d better tie up some
x threads before we start to
ise her of misleading us,” Pev-
said. “Holmes, you and Rickles
t out. the first thing in the
ning to see if you can trace
sale of any chicken wire re-
ly. That piece she was wrap-
in was new, remember. I’ll talk
1 the folks Mrs. Greenfield and
. Vaughn say they saw out at
cafe.” . ;

report that night from the
ningham police laboratory serv-
turther to clear young Lardner
he slaying. A careful examina-
. on his car had revealed no
e of blood. Thus it appeared,
recent cleaning job done upon
machine had not been for the
pose of eradicating any telltale
lence connected with the mur-

he following day. Deputies

mes and Rickles started north.

n Birmingham, canvassing deal-
in small towns in the general
nity of Mineral Springs. One
‘ekeeper in Brookside recalled
purchase of twenty-five feet
thicken wire. only a week earlier.
i the man who had bought the
e was Connie Vaughn!
he two officers went directly to
ighn’s home and faced him with
; information. He admitted the
chase. “I aimed to fix my-chick-

run,” he said, “but I didn’t get

und to it. Then Pete Bixler
ated some wire for his own coops

i I sold him the whole roll.” °

folmes and Rickles drove to the
iby home of Bixler. He had, in-
d, bought the wire from Vaughn
y a couple of days before. It
1 stood in his tool shed, and he
wed it to the officers.
thalking up as a mere coinci-
ice the purchase of the wire by
aan already involved in the kill-
', the two officers resumed their
its to hardware stores, but found
other recent transaction involv-
' that type. of wire netting.

EANWHILE, Deputy Peveler.

talked with several persons
o had. been in the cafe on Sat-
iay night. None had seen Vaughn
the place, but two had observed
n sitting in a car outside at about
30. Others had noted McDaniel’s
xsence in the place, but none
ild say he had had any feminine
npanions. Several witnesses re-
‘mbered that Mrs. Greenfield had
on there but none would say she
d been with either McDaniel or
s. Adkins.

About the only definite informa-
tion the officer could get was that
Annie had. struck young Lardner
with .the bottle.”

“It happened just as I was leav-
ing,” one young man told Peveler.
“I saw the commotion and stopped
at the door to watch. I knew the
filling station down the road closed
at midnight on the button, and I
didn’t have enough gas to get home.
By hanging around to watch Annie
lay that bottle across Freddie’s
scalp I missed getting my tank fill-
ed. I had to borrow a gallon out of
a friend’s car.”

When his partners returned to
report failure in their search for a

* clue in the chicken wire purchase,

Peveler was far from’ being dis-
mayed.

“What I was told out at the cafe,
and by other witnesses,” he said,
“knocks Malcolm McDaniél’s alibi
into a cocked hat. He told us he’d
heard about Annie’s battle with
Freddie Lardner. But he said he
left at around a quarter of eleven.
Annie and Freddie did not. get into
their quarrel until midnight.”

They returned to -the Franklin
home in search of McDaniel, but
he was not there. Mrs. Franklin,
still trying to be helpful, said he
had gone into the village and was

‘expected back momentarily. She in-

vited the officers to enter the house
and wait.

_, “I’d like to see every pair of men’s
shoes in the place,” Deputy Peveler
told her. The woman looked at him
strangely, as if the officer had sud-
denly taken leave of his senses,

but then she shrugged and went off .

to ‘fetch -the footwear.

She returned with several pairs
of shoes. Peveler sorted through,

them, and suddenly arose, holding
one black oxford in his hands.
Caked with red mud from the Ala-
bama hills, it had no heel. Pro-
truding nails showed that the heel

had been wrenched off not long .

ago.

-Peveler drew from his pocket the
worn rubber heel found with the
body. It fitted the shoe exactly.
Moreover, the rubber heel on the
shoe’s mate was worn to the same
degree as that the deputy possess-
ed.
Mrs. Franklin said the heelless
shoe belonged to her young nephew,
McDaniel. ’ 4

The officers waited until he re-
turned about half an hour later.
They showed him the shoe and the
heel, and told him where they had
found the latter. He paled, but said
nothing.. Then Peveler accused him
of lying about the time he had

been at the cafe pointing out the.

discrepancy in the time element of
hig alibi with the actual facts sur-
rounding the fight between Annie
Adkins and Freddie Lardner.

“We're arresting you for the mur-
der of Mrs. Adkins,” Deputy Peveler
told the youth. .

“No!” came the swift “protest.
“No, you can’t pin this on me. I
didn’t do it. It was Connie Vaughn.”

Once he had made the accusa-
tion, McDaniel was willing to tell
the whole story. He and Connie, he
related, had met Annie Adkins and
Lola Greenfield in Birmingham. His
story dovetailed with that told by
Mrs. Greenfield. ‘

i

Me™: ADKINS left with him and

Connie at about one o’clock on

* Sunday morning. bt wad drove out

near Bain’s Lake, he said, and there
Connie began quarreling with An-
nie.

“He was sore at her because she
testified against him at that trial
for stealing a car,” McDaniel said.

“He had threatened her then. He

said, ‘There’s a woman who will
never testify against me in court
again.’

“Well, he started calling. her
names in the car, and they had
quite a row. He said she was &
rat for squealing on him in the
car deal, and he was going to make
her pay for all the time he’d been
in jail because of her.

“I stopped the machine, and they
got out. There was a shot, and
then Connie came back and said
he’d killed her, and we would have
to get rid of the body.”

However, McDaniel insisted that
he had not helped to dispose of
the corpse, and that he had no
part in the murder. At least half
of this disclaimer, the officers knew,
was untrue. How could his heel
have become entangled in the wire
netting unless he aided in sinking
the corpse in the lake?

McDaniel was questioned time
and again, but would not admit to
any complicity in the crime. He
did, at length, change his story to
say he had actually seen Connie
Vaughn shoot Mrs. Adkins, but he
would concede no guilt on his own
part. ;

Vaughn, when faced with Mc-
Daniel’s statement, raged against
his erstwhile partner in the moon-
shining business and denied any
part in the slaying.

“Maybe that punk McDaniel kill-
ed Annie,” he said. “I don’t know,

’ but I wouldn’t put it past him. But

I had nothing to do with’ Annie’s
death.”

“Only a short time before ,she
was killed,” Deputy Peveler said,
“you bought some wire like that
found around her body.”

“Sure. I told you fellows that al-
ready. I sold it to Pete Bixler. I can
prove it.”

“Yes,” Peveler agreed. “He said
so. But I’m arresting you, anyway,
Connie. I'll find out later about the
wire.”

The officers knew their case
against Vaughn needed bolstering,
but they did not see where sup-
porting evidence was to be found.

“We'll backtrack over the whole
case,” Peveler announced. “He must

. have slipped up somewhere.”

Finally the officers came back to
the merchant who had sold Vaughn
the wire. His records showed that
exactly twenty-five feet had been
purchased. And Peveler and his
partners knew that Bixler had
bought the wire from Vaughn.

Nevertheless, they revisited Bix-
ler. For the second time he showed
them the roll of wire netting, still
unused. Peveler examined it close-
ly. He noted that one end had been
cut with a dull pair of nippers. Rag--
ged ends of wire seemed quite fa-
miliar....

“Get me a measuring tape,” he
ordered brusquely. It was procured,
and the wire was unrolled. The dep-
uty began measuring. When he had
finished, there was a grin of tri-
umph on his face.

“There’s our proof,” he said.
“Pete thought he was buying twen-

ty-five feet of this wire—the whole
roll, just as it was sold to Vaughn.

‘But there are only seventeen feet

of wire here. And the piece wrap-
ped around Annie Adkins’ body
measured just eight feet—the dif-

ference between this and the twen-

ty-fiye-foot roll.” . .
A later examination proved con-
clusively that the crude shroud .in
which Mrs. Adkins had been buried
in Bain’s Lake had been cut from
the roll of wire which Vaughn ad-+
mitted having sold to Pete Bixler.

Still Connie Vaughn would ngt_

confess the crime. The gun used in
the slaying was sought for weeks,
but was never found. ~

Both Vaughn and McDaniel were

- indicted for first degree murder.

They were brought to trial on De-
cember 1, 1936, just a few days less
than three months after the crime.
McDaniel tried to plead insanity,
but alienists pronounced him sane.
Vaughn chose to fight his battle on

the evidence. But it was over-

whelming.

The trial lasted only five days.
The jury found both men guilty:
McDaniel was senténced to life im-
prisonment, but Vaughn was giv-
en the death penalty, and the ex-
ecution date was set for January
15, 1938. -

Pretty Mrs. Vaughn, whose alibi
for her husband, which the state
contended was false, inspired by
her deep love for him, tried des-
perately to save him from the elec-
tric chair. With the aid of his legal
counsel, she succeeded in postpon-
ing his execution for almost two
years.

In the fall of 1938 she had a per-
sonal interview with Governor Bibb
Graves, and then the governor con-
sented to see Connie Vaughn. This
meeting took place on Thanksgiv-
ing Day.

At the conclusion of his talk with
Governor Graves, Vaughn, who had
added thirty pounds to his bulky
frame while in prison, came out
with tears in his eyes.

“It’s no use, honey,” he told his ,

wife. “I’ve got to go.”

Connie Vaughn marched calmly
to the execution chamber at mid-
night the following day, Friday,
November ‘25. He thanked all who
had interested themselves in his be-
half, then sat in the ugly chair. A
moment later the current ripped
through his body. sos 7

Editor’s Note: The names Lard-
ner, Bixler, Greenfield and Court-
enay, as used in this story, are fic-
titious in order to protect the iden-
tity of innocent persons and save
poe from all possible embarrass-
ment,

fa

Pee ee ee
‘ ’ ‘

—:

nnn sehen

ee


The trussed. up corpse, left, was removed

from the pond. Wire mesh, the. kind com-

monly used in making chicken coops, bound

it, Under the wire were jagged rocks,

placed there no doubt to weight the body
down,


66 AMERICAN

rather than descend into the bowels of the earth to dig
out ore and coal from the rich deposits in the Birmingham
district—often called the “Pittsburgh of the South.”

Suddenly aroused from my reverie | saw a thin, but erect
old man, a picturesque fellow with shaggy eyebrows, an
untrimmed moustache and a stubble of beard, standing in
the road. He waved his arms, but retreated not an inch
as I stepped on the brakes and the car swung to a stop.

With but one word—‘*Howdy"—this picturesque old man
turned off the road and led us through a wooded section
down a winding trail. Suddenly we were in an opening
and there ahead of us was the mill-pond.

Here and there in little knots were residents of the Min-
eral Springs community, talking together in groups of twos
and threes, their voices never raised above a whisper.

Word of tragedy travels fast in rural sections of Alabama
and it was apparent that news of the horrible death had
gotten around rapidly from neighbor to neighbor.

Parrish and T followed the old man down a slope.

Someone greeted Densmore, “Howdy,

Uncle Billy.”

“Uncle Billy” merely
nodded in return, and
still without a
word, led us
onto a low
stone

DETECTIVE

Through a parade of wit-
nesses and the evidence
gathered by Deputy
Sheriff H. C. Peveler,
right, featured in
this story, the de-
fendant was con-
victed. Mrs.

Mabel Mc-
Cutcheon,
below, star
witness
for the
state.

dam.

He stopped.

Pointing with a
stick he held in’ his
hand, he whispered,
“There it is!”

There was indeed a gruesome sight!

The body of a woman was floating in the
water. The head and shoulders were above
the surface, the rest of the body submerged.

Wire mesh, the kind commonly used in
making chicken coops, bound the body.
Under the wire were jagged rocks, placed
there no doubt to weight the body down.

Even before closer inspection it) was ap-
parent that the vietim had been dead at least
two or three days.

Parrish and |, working carefully lest we
destroy any bit of evidence, succeeded in
getting the body out of the water and on
the top of the dam.

It was an awful sight.

The woman's face had been bashed in
terribly, Of this we were certain, despite
the advanced state of decomposition.

Whoever the victim was she had been
wearing a dark blue dress with a white
collar. She had on dark pumps. The only
jewelry was a ring.

The little groups of awed onlookers now
moved closer, reassured by our presence.
In single file they lined up on the dam to
view the body.

Slowly, reluctantly, they moved up one
by one, some shuddering and covering their
eyes as they beheld the trussed up body.

Each one shook his head. No one could
place her or give any hint as to her identity.

There was a deathly silence---only — the

The
yards fro
murderers
time to ex

The wo
the Wire
Slant hair
inches in
Locks prot,

“Must. h.
up with the
to keep the
said to Pa
The deput

ad gue
takes to ke,
pond after
said. “The,
would stay”
the surface,
any trace of
~The dozen
viewed the bo
tion again y,
ae mill-pond
—tones of ;
mill-pond held
OVE their
the whispering
wind that
Vhe trees?
their ;

was
lon:
bunches ,
S101. Of slender.


w. 0. HAYNES——.

Police official shown
at left found “licenses
to kill” in getaway car.

RAYMOND FOX——
crashed police car to
grind bandits to halt,
then helped in capture.

FFICER F. J. HARRIS of the Birmingham Police
Department was a happy man, for his assignment
on this night of January 30, 1935, had brought
him close to one of the things he enjoyed best in

life—youth. Standing before the entrance of the
popular Pickwick Club, this sturdy member of the
police force in Alabama’s metropolis was busily ex-
changing good-natured quips with dozens of. sons and
daughters of Birmingham’s leading families. It was
the night of the President’s Ball, and hundreds of
well-dressed couples were sweeping into the Pickwick
Club to dance and thereby contribute to the Infantile
Paralysis Fund, so dear to the Chief Executive’s heart.

On and on, up to the entrance of the Pickwick Club,
came the stream of private limousines and taxis, dis-
gorging their loads of well-groomed, tail-coated men
and laughing filmy-gowned girls. It was a gay. scene,
of which Officer Harris never tired, and even when the

hour grew late, and the cavalcade of merrymakers:

had dwindled to a trickle, the jovial policeman’s smile
had not lessened.

It was a fact well known to his youthful admirers
that Officer Harris stuck solidly, and with dignity, to
his initials—F.J. No one seemed to know what the
genial officer’s first name really was.

Consequently, the usual bantering game was played
as the young couples entered the gaily decorated
Pickwick Club.

“Hi, there, Ferdinand.”

“Tell me, Mr. Harris, is
your name really Felix?”

58

BY CLAY COTTER

F. J. HARRIS——
No one knew what his first name was but all
Birmingham knew he had the fighting heart of a
real cop. He lost his life thwarting criminals.

“His mother was praying for a girl, and when he
came along, she named him ‘Felicity’ for spite. That’s
why he won’t tell his name.”

To this chaffing attack, F. J. Harris answered with
an imperturbable smile and a cheery wave of the hand.

The iron hour hand of the ancient clock in a nearby
church steeple was almost on the point of touching 11
when the street in front of the Pickwick Club became
deserted and Officer Harris entered the club lobby to
partake of a cooling drink of lemon pop, proffered by
Clyde Wasson, the club’s chief ticket seller. From the
closed doors of the ballroom came the strains of a lively
foxtrot, and Officer Harris hummed a bit under his
breath, swaying his glass to and fro in time with
the music. ;

“Say, Harris. Look at the two young fellows coming
in the door.” ;

Harris, roused from his musical reverie by the voice
of a club attendant, looked up and saw that two
handsomely-dressed young men, soft felt hats pulled
low over their eyes, were walking in a certain furtive
manner toward the ballroom doors.

“Do you know them?” Harris asked sharply. ‘“They’re
not in evening clothes. They looked suspicious to me.
Why, they’ve got guns in their hands!”

The officer started forward, but the club employee
laid a restraining hand on his arm.

“Take it easy, F.J.,” he advised, laughing. “I know
they have guns, but it
must be just a couple of
those young social bucks


j
i
{

wee — a a SBS

82

She was sentenced to serve from five
to seven years in Kilby Prison and im-
mediately began serving the sentence.

The incident was soon forgotten and
it was during the days that preceded the
fateful hot summer morning of Sunday,
July 7th, that the cell block occupied by
Darrafou and Vincent became so omin-
ously quiet.

An air of tenseness pervaded the jail.
Wardens, checking the cells, felt a strange
uneasiness.

At ten a. M., Sunday, July 7th, the
storm broke. ;

Just as Assistant Warden J. D. Russum
unlocked the heavy doors of cell block
“KK” to let the clean-up crew in, Darrafou,
brandishing a pocket knife, and cursing
defiantly, rushed the warden. Vincent,
faithfully following his companion, was at
Darrafou’s heels.

Frightened out of his senses, one of the
clean-up crew turned the control latch and
opened the cell door just a crack.

Russum attempted to slam the door, but
Darrafou was at his throat like a demon.

Grabbing Russum, Darrafou held his
pocket knife at the official’s throat.

Me Epow slash your —— —— throat if you
make a noise,” he muttered.

“Get back there and open the other cell
block!” Darrafou commanded. ;

Russum turned to the cell door, which
is exactly like the control door on the
block Darrafou and Vincent had come
from. The Assistant Warden fumbled
with the combination, playing for time.
He turned the combination again and
again, hoping help would arrive or some
of the prisoners would sound an alarm.

Realizing Russum was attempting to
“stall,” Darafou commanded savagely,
“Get it right this time or I'll cut your
throat.”

Russum turned the combination and
Darrafou threw the switches on the cell
block,

The desperate bandit pushed Russum
into the cell corridor and shut the door.
Forcing the cleaners into the block from
which he and Vincent had made their
dash, Darrafou slammed the door.

Terrified, four women prisoners cow-
ered in a corner of the corridor.

Darrafou ran to the cell block occupied
by Mike Thompson, who, a few weeks
earlier, had staged a daylight hold-up on
one of Birmingham’s downtown streets.
Thompson had boasted of seven escapes
from Georgia chain-gangs and _ several
days following his arrest had slipped out
of the jail by mingling with the crowds
on visiting day. He had been recaptured
and returned to his cell.

“Let’s go, Mike,” Darrafou called as he
inserted in the lock one of the keys he
had taken from Russum.

“No need to do that, Dick,” Thompson
said calmly. “It’s suicide. I’m not going.”

“You yellow —— — — ——!” Darrafou
cursed,

The bandit then called to Austin Ford.
held for St. Clair County authorities.

“Come on, T-Model, let’s go.”

“I’m not going, either, Dick,’ Ford an-
swered, P

Still holding the knife against Russum’s
throat, Darrafou forced the warden into
a cell and locked the door. Terrified, the
negro clean-up crew looked on like so
many statues.’ Darrafou herded them into
a cell, but failed to lock the door.

Brandishing his knife, the bandit ran
down the narrow corridor. Seizing a fe-
male prisoner by the throat, he threatened
the woman’s life for “ratting’’ on him.

With an oath, Darrafou shoved the wo-
man back and locked her and the other
three in one of the cells. The bandits ran
to the door and down the hallway leading
out of that wing of the jail. Vincent was

Master Detective

following close on the heels of his buddy.

Russum saw that Darrafou had failed to
lock the door of the block into which the
negroes had been herded. Calling to the
crew, the warden beckoned for them to
come to his aid. The negroes had not
realized Darrafou had failed to lock the
door. Finally they pushed on it and the
door opened.

The bandits had fled down the corridor
toward the jail kitchen. Running into
the kitchen, they seized two twenty-four-
inch butcher knives, one of which Darra-
fou wrested from Dietitian W. T. Whited,
who was cutting meat. Holding the razor-
like blade at Whited’s throat, Darrafou
shoved him into a corner.

Slipping out of the kitchen, unnoticed
by the desperate pair, Charlie Marks, ne-
gro cook, ran down the hallway toward
the inside warden’s office.

“They've got a knife on Mr. Whited’s
throat in the kitchen,” the negro shouted
to Inside Warden Ben Ingram.

Ingram ran to the desk to get a gun and
Chief Warden Jim Pinson grabbed a pistol
from another drawer in: the desk.

ADDITIONAL FACT
DETECTIVE STORIES

will be found in TRUE DETECTIVE
MYSTERIES and FAMOUS DETEC-
TIVE CASES, both Macfadden Pub-
lications. TRUE DETECTIVE Mys-
TERIES is on sale at all news stands
the 5th of each month. FAMOUS
DETECTIVE CASES on the 25th of
each month.

In a flash Darrafou and Vincent rushed
Pinson, brandishing their knives.

Vincent turned his attention to Inside
Warden Ingram and Darrafou thrust his
knife at Pinson’s throat.

“TIL cut your —— head off,” Darrafou
threatened, wrenching the pistol from the
Chief Warden’s hand.

Moving the pistol back and forth to
include all four men, Darrafou covered
the two wardens and two trusties, Earl
Crews and W. C. Danley.

“Stand still, stand still!” he commanded
repeatedly.

A bell clanged. Again and again it rang
out through the corridors and in the war-
den’s office where the wild scene was be-
ing enacted. It was the jail’s alarm sys-
tem, set off by someone in another section
of the prison.

Darrafou wheeled. For a fraction of a
second he leveled the gun at his com-
panion as though to send a bullet crash-
ing through Vincent’s head. Vincent
dropped to the floor, either collapsing in
a faint or dropping to avoid the bullets it
seemed Darrafou would send to end his
companion’s life, apparently with the
thought that it would be an act of mercy.

But Darrafou spared his buddy. He
hesitated but a split second.

Turning the gun on himself, he fired. A
bullet smashed into his right breast.

Darrafou reeled, falling to the floor.
The gun dropped from his hand.

Frantically, he grabbed it again, clutch-
ing it desperately.

Struggling to his feet, he took a few
steps. Again he fired and another bullet
crashed into his body, striking him high
on the chest near his collarbone.

Darrafou swayed, pointing the gun at
Assistant Warden Ingram, Just as it
seemed another bullet would go on an
errand of death, Darrafou collapsed.

The alarm had brought Chief Deputy
C. E. McCombs and Deputies Pap Din-

ken, Tony Schilleci, Percy Hammond and
DeWitt Truss, who had been on the

. ground floor in the sheriff's office, running

to the scene.

On the floor, sprawled out in a pool of
blood, lay the body of the boastful Dar-
rafou. He was dead. '

Vincent’s eyelids opened. The deputies
brought him to his feet, accusing him of
playing “possum” to avoid being shot by

is companion.

Vincent shuddered as he beheld the
body of his buddy, the bloody figure on
the floor of the warden's office.

It was Darrafou who had said “I'll take
the rap. | can take it.” Darrafou with his
flair for dramatics. And he had taken it—
dead at his own hands rather than go
back and face the electric chair.

Taken to his cell adjoining the empty
one that had been his companion’s, Vin-
cent sobbed, “I’m ready to die.

“My buddy’s gone now, and I’m ready
to die,” he moaned. “Dick took the
quickest way out—he had plenty of guts.”

It was an over-developed sense of the
dramatic that caused Darrafou to put
such a sensational end to his self-professed
career of crime, in the opinion of Attor-
pr Edwards, who had defended the ban-

Its,

“In my opinion, and | believe | knew
him as well as anyone here, Darrafou had
a kink in his brain that caused him to at-
tempt to dramatize his every action,” Ed-
wards said in discussing the case. “I
firmly believe Darrafou shot himself as
a dramatic gesture after realizing escape
was impossible. It was his idea of being
a hero.

“Darrafou was an arrogant fellow and
boasted in the jail of what a bad man he
was, according to reports I had received,
although | could never learn of any past
action to justify this. He was a flashy
dresser and always wanted to be in the
limelight.

“In short, | firmly believe he was a vic-
tim of paranoia, unable to distinguish right
from wrong. Except for his over-devel-
oped sense of the dramatic, | can see no
others reason for his killing himself.”

Darrafou’s body was held at a Birming-
ham:anortuary for days, but, although his
people were notified, no one claimed it.

FriNaLty, the body was given burial in
a plot donated at one of the largest
cemeteries in the city.

The attempted jail break was one of the
factors that caused Attorney General Al-
bert Carmichael, of Alabama, to issue at
Montgomery a ruling that all prisoners
condemned to die must be transferred im-
mediately to Kilby Prison, the State Peni-
tentiary at Montgomery.

Accordingly, Vincent and six other pris-
oners were removed to Kilby on Wednes-
day, July 10th, 1935, to await execution.
The condemned men included Vincent and
another white man, whose conviction fol-
lowed that of Darrafou and Vincent in an-
other murder case, and five negroes.

With his head bowed and his arm hand-
cuffed to that of the other condemned
white man, Vincent walked out of the jail
to await execution and not to the freedom
he and Darrafou had hoped to gain in their
mad dash for liberty.

On January 30th, 1936, one year to the
day from the date of the slaying of Officer
Harris in the Pickwick Club, the Alabama
Supreme Court upheld the Jefferson
County Circuit Court’s sentence on Wes-
ley Vincent. The date set for his electro-
cution was March 27th, 1936. Then a stay
of execution was granted.

However, in May. Vincent’s execution
was re-set for June 12th. His defense at-
torneys prepared an Appeal to the United
States Supreme Court, but it declined
to interfere and he was electrocuted.


is

- "The killing of a brave
rele .. Alabama police officer
— ae. was followed by one

_ of the most sensational
The one-man prison-break
attempts on record in
with the history of crime.

ees The winner: The Law!
ing ll '

ecame
»by to
red by
ym the
. lively
ler his
» with

coming

e voice |
: two |
pulled

furtive

j

|

}

Chey’re
to me.

nployee

I know
but it
uple of

bucks


pretending to stage a holdup. They pulled that here
a couple of years ago.”

“TI know young social bucks when I see them,” Harris
retorted. ‘I may be wrong, but I’m going to find out.”

The two youths, on beholding Officer Harris ap-
proaching them, gun in hand, broke into smiles, and
the policeman’s doubts began to vanish. The two
young men appeared so friendly, and so handsomely
dressed, that Harris, although he had never seen them
before, was now inclined to believe they were indeed
two members of Birmingham’s younger set, intent
on a lark.

“Let’s see that gun, young fellow,” Harris said.
“I hope it’s not loaded. You might do some damage.”

The older of the two strangers, thus addressed, smiled
reassuringly, and held forth the small automatic pistol,
butt first.

His tension relaxed, Officer Harris stretched forth his
hand to take the gun, but suddenly, the tall, young
stranger flipped the automatic around with a twist of
his wrist and the barrel of the weapon was pointing
straight at Harris’ heart.

With cobra-like speed Harris’ hand streaked for-
ward, knocking the gun aside, just as the automatic
spurted fire. The bullet grazed by Harris’ elbow and the
next instant the burly officer was grappling for his life.

AS THE echo of the shot resounded through the

one-story building, the dance music halted with a
sudden crash and excited dancers came surging through
the doors—and stopped in their tracks, staring at the
impending tragedy.

Now the younger of the two intruders swung into
action. Waving his automatic menacingly, he backed
the startled club attendants and dancers against the
walls. He then turned his attention to the struggling
figures of his companion and Officer Harris. The burly
policeman certainly was getting the better of his ad-
versary, but as Harris whirled his foe around, striving
to pin him to the floor, the officer turned his back on
the second gunman.

It was a fatal move. Aiming carefully, as if he were
at target practice, the younger gunman’s finger tight-
ened on the trigger. There: was a loud report and
Officer Harris spun slowly to the floor, his arms making
pathetic gestures toward his back. .

Firing two shots over the heads of the spellbound
crowd, the two gunmen turned to flee, but brave
Officer Harris was not out of the fight yet. Grimacing
horribly with pain, the gallant officer raised himself
halfway off the floor and sent a stream of lead after
the disappearing killers. On the threshold of the club,
the older of the two gunmen stumbled and fell heavily.
Apparently one of Harris’ shots had found its mark,
but as the now thoroughly aroused dance crowd rushed
forward to pin him down, the gunman jumped to his
feet and dashed madly after his fleeing companion.

As some of the crowd in the Pickwick Club rushed

licteiainneaneiiii lS se. ,

after t
assistar
«from a
Harri
was pl:
hospital!
With:
Chief Oo!
officers
on the s
as the
hysteric
Sam |
furnish
Said tha:
four, thé
light-co)
were lig
A rad
ment’s s}
all office
Pair had
consensu
into an :
fore espe
from the
On the
and Rav:
Homewoo
Acting on
would at:
turnpike |
to the ma
Their h
of Homeu
ing head);
With the
direction a
at the Side
Brighter
approachin
motor beat
was traveli
of the poli

sading to Billy
with a resound-

- solitaire from
irn, had gotten it
associates who
him that terrible
had promised
nd, about one-
rice. The money
iments, with one
ged companions
jrop was not a
antly pressured
e of the money.
ne too much for
ook the stone to
-e if he could
ne month. Ina
> man to whom
ynd gave it toa
ut a 60-day note
he friend’s cut?
: $10,000 at 25
as Hurst puts it,
liamond.’’ The
noney from the
nan whom R.B,
1, ‘He,:1n turn,
irop’s associate.
ippy and R.B.
r.
weeks after the
mansion, Hurst
nsive assistance
agenci& in two
ree Weapons, a
and a five-karat

ed key roles in
ation. Yet only
1 who warned of
weeks before
rth gratis. The
flushed out in
unters progress

long. The latter
iw Was moving
tion. It was bet-
ad decided, to

they had estab-
that Waldrop
nen R.B. Sylves-
1 concerning the
> the chain is
Hurst. Now, as
s laying hands on

|most ready to go
> lacked only the
early informants
-. This source was

igators that Wal-

a a)

drop told a friend “‘he shot the man in the
head.’’ The informant’s testimony would
link Waldrop to a death committed dur-
ing a robbery—robbery-homicide it’s
called. In Alabama it carries the death
penalty.

Surrett and Hurst had done their jobs
superbly. Still, they were frustrated.
Sighed Hurst, ‘‘Our thoughts at this stage
are that everybody everywhere is a damn
outlaw (with the exception of the unwit-
ting men in Ranburne and, of course, the
parents and young girl involved in the
alleged kidnapping). We certainly don’t
believe they’ve told us all they know.
There’s no way we believe that.’’ Inter-
jected Surrett: ‘‘They’re telling us just
enough to keep them out of hot water and
give us what we want.”’ Surrett and Hurst
hoped that when these people were sub-
poenaed to appear before the Talladega
County Grand Jury they would divulge
more information, infgrmation that
would lead them to their deadly prey.

Efforts in late July to locate the key
informant proved futile. Then, on the
afternoon of the 27th, the case broke
wide open. Eighteen days had taken their
toll on both Hurst and Surrett. Dennis
was sitting in his office, a tasteless cup of
coffee in one hand and a sheaf of papers
in the other, when the phone jangled.
Would Captain Surrett accept a collect
call from Yucca Valley, California? It
was the key source. He had heard that
Surrett wanted to talk to him again, but
was reluctant to return to Alabama to
testify. Then it happened. ‘‘I’ll give you
something else,’’ he offered. ‘“‘How
would you like Billy Wayne’s head on a
silver platter?’’ Surrett’s response was
electric: *‘I’d love it!’’

‘“‘T’ll tell you what to do,”’ said the
informant. ‘‘You call Twenty Nine
Palms, California—the Sheriff’s
Office—and you see if they ain’t got me
under arrest for driving under the influ-
Slices,

‘*Call where?’’ exclaimed Surrett un-
able to figure out what the man was
saying. After all, how could the guy be
on the phone talking to him and under
arrest in another town at the same time?

‘*Billy Wayne was arrested last night
for driving while intoxicated. He’s using
my name. You call out there and see if
they don’t have somebody with my name
in jail.’’

‘‘What’s the number?”’ shot back the
elated cop.

Surrett called the San Bernardino
County. A desk sergeant confirmed that
a man bearing the informant’s name was
indeed behind bars. Surrett told the
sergeant that the man was probably Wal-

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to use the little girl as bait to snare his
associate. Together, Waldrop and the girl
drove back to Atlanta. On the way she
spotted the name ‘‘Sylvester’’ and the
number ‘*109’’ on a piece of paper in the
car’s glove compartment. This seeming-
ly trivial piece of information later
proved useful.

On arrival in Atlanta, the alleged kid-
napper released the exhausted girl, set-
ting her free about a block from her
home. Her parents found her asleep on
the sofa when they returned from police
headquarters where they reported her dis-
appearance. Five hours had elapsed since
she was allegedly kidnapped. For her pa-
rents, it had been more like five years.

Shortly after learning details of Wal-
drop’s purported Atlanta escapade, Sur-
rett received a call from Anniston Police
Detective Sergeant Fred Forsyth. ‘For a
fourth time, a source has provided in-
formation. Billy Wayne Waldrop had
been spotted in a red Cutlass with a Cle-
burne County, Alabama tag. Surrett im-
mediately ran the number through the
computer. The automobile was reg-
istered to Arthur Sylvester of Muscadine,
Alabama, in rural Cleburne County. Sur-
rett made a quick call to Hurst and ex-
citedly said, ‘‘Hey, let’s go!’’ An hour
later they were in Muscadine. They
wanted to talk to Arthur Sylvester. While
they were radioing for backup support
from Cleburne County sheriff’s deputies,
a funny thing happened. Alabama Bu-
reau of Investigation Agent Ed Traylor
was talking on the same frequency about
the same tag number Surrett had just run
an hour earlier. Traylor’s call had no-
thing to do with Surrett’s computer
check. ABI Agent Traylor was discus-
sing a license tag number belonging to a
burned out automobile. Surrett and Hurst
hurried to the site of the alleged abduc-
tion of the Atlanta girl. Said Surrett,
‘This is the closest we’ve been at any
one time to Billy Wayne Waldrop.”’

With a sudden jerk, the tumblers
moved again. A;

Surrett and Hurst told Cleburne Coun-
ty Deputies they wanted to interrogate
Sylvester. On July 9th, they got their
chance.

The short young man was ‘‘nervous,
very nervous,’’ recalled Surrett. He de-

nied virtually everything—knowing
Waldrop, ever having met him, and any

involvement by his car. The red Cutlass
had been stolen, he said. Sure enough,
there was a report. at the, Tallapoosa,
Georgia Police Station to that effect.

Problem was, it had been phoned in, was
vague and had been filed a day after the
alleged kidnapping. The automobile had
reportedly been stolen from a car wash
across the road from the motel where
Waldrop and the little girl had allegedly
stopped. In room ‘‘109.’’ Hurst believes
the stolen car report was a ruse designed
to take care of any potential link to Wal-
drop. .

After some three hours of fruitless
quizzing, the Talladega investigators
called it a day. On their way out of the
station they met R.B. Sylvester, the
young man’s father. R.B was curious.
Why were they talking to his boy? Sur-
rett and Hurst layed it out: ‘Billy Wayne
is bad news; better look out. We know
your son’s involved. You better get him
to tell the truth.’’ R.B. said nothing. He
didn’t have to. His body language was
eloquent. Nervous tremors must run in
the family, thought Surrett.

For the next week, things were quiet.
Hurst and Surrett cross-checked and
filed the information of the previous long
weeks. Then, on, July 16th, Hurst and
ABI Agent Traylor traveled to Carroll-

ton, Georgia, a few miles to the south of,

Tallapoosa and, again, near the Alaba-
ma-Georgia border. The trip was
sparked by an anonymous note mailed to

, Traylor’s home: ‘‘There’s a man in Car-

rollton who has a big diamond who has
no business with it.’’ That was the gist of
the type-written message.

Hurst and Traylor split up. Pee Wee
went with Carroll County Sheriff Lam-
bert while Traylor paired with Dennis
Holloway, Chief of Detectives for the
Sheriff's Office. The Hurst-Lambert
tandem went to talk to an informant
while Traylor and Holloway sought out
the man with the diamond.

The stone was in Ranburne, Alabama,
just across the border. The man who held
it knew the law was looking for it and
offered no resistance when Hurst,
Traylor and Talladega County Sheriff
Jerry Studdard knocked on the door. The
five-karat solitaire, Macon Donahoo’s
deadly treasure, was handed over in a
plain envelope. The information pro-
vided by the man caused the mechanism

\

on the locked door leading to Billy
Wayne Waldrop to turn a with a resound-
ing crack.

The man had gotten the solitaire from
R.B. Sylvester. He, in turn, had gotten it
from one of Waldrop’s associates who
had allegedly been with him that terrible
night in Alpine.. R.B. had promised
$10,000 for the diamond, about one-
third of its appraised price. The money
was to be paid in installments, with one
of Waldrop’s two alleged companions
acting as courier. Waldrop was not a
patient man. He incessantly pressured
Sylvester for the balance of the money.
Finally, the strain became too much for
the elder Sylvester. He took the stone to
the Ranburne man to see if he could
pawn it for $10,000 for one month. Ina
complex transaction, the man to whom
R.B entrusted the diamond gave it to a
friend who in turn took out a 60-day note
at a bank for $10,000. The friend’s cut?
Thirty days interest on $10,000 at 25
percent; either that, or as Hurst puts it,
‘‘one hell of a nice diamond.’’ The
friend borrowed the money from the
bank and gave it to the man whom R.B,
had originally contacted. He, in turn,
gave the money to Waldrop’s associate.
Billy Wayne was happy and R. a
Sylvester breathed easier.

As of July 17th, six weeks after the
blaze at the Donahoo mansion, Hurst
and Surrett—with extensive assistance
from law enforcement agencies in two
states—had recovered three weapons, a
reel-to-reel tape player and a five-karat
diamond solitaire.

Informants had played key roles in
advancing the investigation. Yet only
the first one—the person who warned of
“real bad problems’’ two weeks before
the fire—had come forth gratis. The
other sources had been flushed out in
much the santé way hunters progress
through tall grass—making rustling
noises as they move along. The latter
informants knew the law was moving
inexorably in their direction. It was bet-
ter, they apparently had decided, to
show themselves first.

Surrett and Hurst felt they had estab-
lished ‘‘probable cause’’ that Waldrop
was legally their man when R.B. Sylves-
ter made the connection concerning the
diamond. ‘‘That’s where the chain is
linked together,’’ said Hurst. Now, as
before, the problem was laying hands on
Billy Wayne.

Robert Rumsey was almost ready to go
before the grand jury. He lacked only the
testimony of one of the early informants

to anchor a capital case. This source was

the one who told investigators that Wal-

drop told a friend
head.”’ The inforn
link Waldrop to
ing a robbery-
called. In Alabai
penalty.

Surrett and H
superbly. Still.
Sighed Hurst, **(
are that everybod
outlaw (with the
ting men in Rant
parents and y
alleged kidnapp
believe they ve
There’s no way
jected Surrett
enough to vii t
give us what we
hoped that when
poenaed to appe
County Grand J
more informat
would lead then

Efforts in late
informant prove
afternoon of the
wide open. Eight
toll on both Hu:
was sitting in his
coffee in one hai
in the other, w!
Would @aptain ‘
call from Yucca
was the key sour
Surrett wanted t
was reluctant t
testify. Then it h
something else
would you like B
silver platter?”’
electric: “I'd i

“Tl tell you
informant. **Y
Palms, Calif
Office—and yor
under arrest for
ence.’’

**Call where?
able to figure <
saying. After al!
on the phone tal:
arrest in another |

‘Billy Wayne
for driving while
my name. You
they don’t have s
in jail.”’

*‘What’s the n
elated cop.

Surrett calle
County. A desk
a man bearing the
indeed behind |
sergeant that the


The eastbound bus would pass through
that city and he asked them to meet it and
look for Sharp. Then, realizing he still
had time to intercept the. bus at a point
nearer than Abilene, he called the Nolan
County sheriff at Sweetwater, Texas,
and asked him to meet the bus in
Sweetwater and ascertain whether or not
Sharp was aboard.

The authorities in Nolan County were
eager to help catch this one. Anyone who
would kill an innocent eight-year-old
girl shouldn’t be running free. Sheriff's
deputies and Sweetwater police officers
in plain clothes met the eastbound
bus in Sweetwater. Their plan was to
board the bus as passengers and try to get
a good look at everyone on board, hop-
ing to spot Sharp.

When the bus pulled into the station,
passengers began disembarking. The
waiting officers watched them closely.
Then a brown-haired man in jeans, a
two-tone brown sport shirt and a baseball
cap, climbed off the bus. The lawmen
looked at each other and nodded. This
looked like their man.

Quietly, unobtrusively, the officers
moved toward the subject, effectively
separating him from the other passengers
before anyone knew what was hap-
pening.

‘*Are you Michael Eugene Sharp?”’

The man nodded, his face blank.

‘*You’re coming with us.”’

At police headquarters, Sharp was
ordered to remove his shirt. There, tat-
tooed on his chest was a large horse’s
head. There were no wings on the horse,
but lawmen were satisfied this was the
tattoo the relative had described as the
‘*flying’’ horse.

A few minutes after 2:00 p.m. Sheriff

; Sage received ‘a teletype from Nolan

County, telling him Michael Eugene
Sharp was in custody.

Within five minutes, Sheriff Sage,
Chief Deputy Harvey Glenn, and Deputy
Mike Eggleston were enroute to
Sweetwater. All three men had been
working day and night for almost six
days, looking for the man who had so
ruthlessly terrorized Brenda Broadway
and her daughter before robbing them of
their lives. Now, the officers were filled
with renewed energy. Before dark, they
would have their man in custody and that
knowledge drove their fatigue away.

In record time, the three lawmen had
reached Sweetwater, completed the
necessary formalities to take custody of
Sharp, and returned to Kermit, arriving at
7:45 p.m. Wednesday. A crowd of more
than 100 people waited on the courthouse
lawn as the officers escorted the suspect

66

inside. Sharp was immediately taken be-
fore Justice of the Peace Lee Rutledge,
who advised him of his rights. Then
Sharp was formally charged with two
counts of capital murder and one count of
aggravated kidnapping. Bond was denied
on both capital murder charges, but
Judge Rutledge set bail at $200,000 on
the kidnapping charge. Unable to post
bond, Sharp was booked into the Winkler
County Jail.

During repeated questioning, Sharp
maintained his innocence, but District
Attorney Mike Fostel felt he had enough
evidence against the tool pusher to try
him and ask for the death penalty.

The teenage relative was able to pick
Sharp out of a line-up and identify him as
the man who abducted her and the vic-
tims from the Kermit car wash. She was
also able to identify Sharp’s blue pickup
as the one in which she rode to the murder
site.

In addition, Sage found a pocket knife
at Sharp’s drilling site that fit the dimen-
sions of the wounds inflicted on, Mrs.
Broadway and Christie.

Sharp’s attorney asked for and was
granted a change of venue to Lubbock,
Texas, where the accused murderer went
on trial in November, 1982 for'the capital
murder of Christie Michelle Elms. Dis-
trict Attorney Fostel indicated he would
ask for the death penalty for Sharp.

On the first day of testimony, rough-
necks at a drilling rig told the court of the
startling events of Friday morning, June
11, 1982.

‘‘T saw a naked woman on the north-
east corner of the rig area. She was yell-
ing, wanting us to give her some
clothes,’” one man testified. When he
took her a blanket, he noticed that her
arms were tied behind her back. The jury
had been excused during his testimony,
because attorneys claimed the testimony
was hearsay. The packed courtroom lis-
tened raptly, however, as the roughneck

and his supervisor described the girl’s

appearance, the blood, the rope burns,
the abrasions on her nude body.

The girl was called to testify during
the trial’s second day of testimony. Pale,
but composed, the teenager told the jury
of that terror filled night.

‘*He kept teasing us that he’d let us go
and let the coyotes eat us.’’ The girl
added that Brenda ‘‘told him if he would
let us go, we wouldn’t tell anyone. He
said, ‘No, I can’t take that chance.’

‘‘Then,’’ the teenager said quietly,
Brenda ‘‘said the Lord’s prayer. He told
her to shut up. He said there wasn’t a
God, because if there was, he wouldn't
let people suffer like this.”’

The, girl looked down at her hands
while she told the jury how Christie
whimpered a little bit now and then,
while the man abused her and her mother
sexually. ‘‘I tried to jerk away but there
wasn’t anywhere I could jerk to, so I had
to take it.”’

Then, she said, he grabbed Brenda
and pulled her down and stabbed her two
or three times. Then he grabbed Christie
and ‘‘I got my feet free of the rope and I
ran.”’

On the third morning of the trial, de-
fense attorneys introduced a motion to
have the charge against Sharp reduced
from capital murder to felony murder,
citing an alleged error in the wording of
the grand jury indictment. The presiding
judge, after a meeting with both attor-
neys in his chambers, granted the mo-
tion. This meant that Sharp could not be
given a death sentence, but could be
sentenced to prison for a term ranging
from five years to life.

Co-prosecutor John Montford of Lub-
bock, in summation, told the jury that

‘the child’s brutal death was one of the

most terrible killings in the state of
Texas. ‘‘It’s time we God-fearing people
in Lubbock County banded together to
get thugs like him off the street.’’
Apparently, the jury agreed, for after
deliberating only two hours, the twelve
brought in a guilty verdict. The same
twelve men and women assessed a life
sentence for the convicted killer—the

maximum they could recommend. @ |

MIDAS TOUCH

After several hours of nursing flat,
warm beers, the two, exhausted investi-
gators drove the 35 miles back to Tal-
ladega. The night proved anticlimactic.

A few days later, the hunt for Billy
Wayne Waldrop turned from almost
comic to near. tragic: On July’6, 1982,
Surrett received information about a kid-
napping in Atlanta, some 100 miles to

CONTINUED FROM PAGE. 20

the east. A young girl, a relative of one
of Waldrop’s two associates allegedly
involved in the Donahoo robbery and
fire, had been taken from her terrified
parents and later returned. A quick call
to Atlanta investigators confirmed Sur-
rett’s hunch—Waldrop was the prime,
indeed the only—suspect. His motive?
Surrett recalled the conversation with an

Soha Say

peg NE

Atlanta officer: ‘
take the girl to A
bait to kill her re!
ting on him in a
County, Alabam

Surrett says W
girl’s parents, *'!
Talladega, I’m go
car, she’s gonna kt
and she’s gonna
here in the car an
The minute he (1!
I’m gonna blow

The next day
Hurst drove to A
parents filled th
previous day’s
portedly came t
a gun to the st
ents. The paren
down a screen
Waldrop rushe
stuck the barrel :
head. After a br
drop forced onc
little girl into his
phone booth. Wa
to call the Alabar
associate) to try |
The convicted |
says apparentls
cocaine just pr
tion, then return
both parents int
girl inside with
come out for not!
hear your paren!

-Surrett says t!
out of the drivey
As he did, he s;
automobile. He
detective’s car <
drop, said Surret
employee in t
Frightened and
girl had phor
wheeled around
house. He yelle
girl, backed’do
a couple of mi
‘I’m sorry ab¢
have to do.’’ TI
drop was going
let them go. Hi
get the girl.

On their wa
parents saw the
with Waldrop

From Atlant
drop drove to
Georgia, just 4
line. There he 1
doned his o:
changed to a1
for some reaso!


to testify during
testimony. Pale,
.ger told the jury
ht.
hat he’d let us go
$o.o-Theveirl
1 him if he would
tell anyone. He
that chance.’
zer said quietly,
s prayer. He told
id there wasn’t a
was, he wouldn’t
his.”’
vn at her hands
y how Christie
now and then,
‘r and her mother
k away but there
1 jerk to, so I had

grabbed Brenda
d stabbed her two
grabbed Christie
»f the rope and I

gz of the trial, de-
iced a motion to
t Sharp reduced
felony murder,
n the wording of
nt. The presiding
with both attor-
granted the mo-
harp could not be
e, but could be
r a term ranging

Montford of Lub-
told the jury that
h was one of the
in the state of
d-fearing people
ded together to
he street. ”’
agreed, for after
ours, the twelve
| rdict. The same
assessed a life
icted killer—the
recommend. @

Pee

a relative of one
sociates allegedly
:hoo robbery and
from. her terrified

d. A quick call
s confirmed Sur-

was the prime,

ct. His motive?
nversation with an

ee

aE

Atlanta officer: Waldrop intended to
take the girl to Alabama and use her as
bait to kill her relative. Why? ‘‘For rat-
ting on him in.a murder in Talladega
County, Alabama.”’

Surrett says Waldrop told one of the
girl’s parents, ‘‘I’m gonna take her to
Talladega, I’m gonna let her out of the
car, she’s gonna knock on the front door,
and she’s gonna say, ‘My parent is out
here in the car and wants to talk to you.’
The minute he (the relative) steps out,
I’m gonna blow him away.’”’

The next day, July 7th, Surrett and
Hurst drove to Atlanta. The frightened
parents filled the investigators in on the
previous day’s events. Waldrop pur-
portedly came to their Atlanta house, put
a gun to the stomach of one of the par-
ents. The parent turned, nearly ‘‘breaks
down a screen door’’ and ran outside.
Waldrop rushed after the parent and
stuck the barrel of the weapon against his
head. After a brief conversation, Wal-
drop forced one of the parents and the
little girl into his car and drove to nearby
phone booth. Waldrop forced the parent
to call the Alabama relative (his alleged
associate) to try to lure him to Atlanta.
The convicted murderer, who Surrett
gays apparently injected himself with
Gocaine just prior to the alleged abduc-
tion, then returned to the house, forced
both parents into the car and left the little
girl inside with a warning, ‘‘You don’t
come out for nothing or nobody ’till you
lear your parent say it’s me.’’
 Surrett says that Waldrop then backed
Gut of the driveway and on to the street.
As he did, he spotted a utility company
ee He belived it was really a

etective’s car and pulled a pistol. Wal-
drop, said Surrett, almost shot the utility
émployee in the belief he was a cop.
Frightened and enraged, believing the
girl had phoned police, Waldrop
Wheeled around and raced back to the
House. He yelled at the terrified young
girl, backed down the drive again, drove
@ couple of miles and told the parents,
“I’m sorry about this. It’s something I
have to do.’’ The couple believed Wal-
drop was going to kill them. Instead, he
let them go. He then sped, allegedly, to
get the girl.

On their way back to the house, the
parents saw their daughter get into the car
with Waldrop.

From Atlanta, Surrett says that Wal-
drop drove to a motel in Tallapoosa,
Georgia, just across the Alabama state

_ line. There he rented a motel room, aban-

doned his original automobile and
changed to a red Cutlass: At this point,
for some reason, he also abandoned plans

+| the marvelous first

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ee

CHARLIE WASHINGTON, Eelectrocuted Kilby Prison, Ala.,
on March 9, 1928 (Jefferson County)

"Shot five times with a pistol, Louis Wallack, truck driver, 22 South Fourteenth St., died

on morning of Dec. 31, 1926, an hour after being taken to the South Highlands Infirmary by
Ridout, while Charlie Washington, negro, who was caught after a hunt of several hours in a
house at Sixth Alley and 2lst St. by Detectives Elledgé and Williamson, is held in the City
Jail, charged with the murder, ‘Wallock's body was riddled with shot from the pistol, while he
was seated in his truck early Friday at 17th St. and Morris Ave. egro who is allgged
to have been told by Washington that he was going to shoot Wallocak, was seated in the truck

at the time of the shooting, According to this negpo, Washington told him Thursday afternoon
that he was going to kill ‘“allock, and wanted him to help him, The negro appartenbly became
afraid and met Wallock Friday and told him that Washington "was looking for Him with a gun,"
and was going to kill him. According to reports, Washington had been discharged by Walloak
about a week ago, and that Wallock had given higy his gun, until he could pay him, The shots
were fired from the gun that Wallock had given the negro, The negro was in the act of changing
his clothes when Detectives Elledge and Williamson caught him and Wallock's gun was found on
him reloaded. Five shots penetrated the body of Wallock, one in his left side, his right chest,
his right elbow and one through the mouth, Police were aided in apprehending Washington by a
negro woman who said that | Washing ton had shot at her Thursday. Washington refused to identify
photographs of himself in possession of the police, Two witnesses to the murder have identified
Washington as the slayer of “allock and a bullet which they say Wallock spit from his mouth was
in their possession, Washington has a police record in the state, Funeral arrangements for
Wallock will be announced by Ridout," BIRMINGHAM NES, Birmingham, Ala., Dec. 31, 1926.

‘“Wallock's burial held in Knesseth Israel Cemetery, with Ridout in charge. He is survived by

his widows Wallock, according to witnesses, was killed by Charlie Washington, negro, who is
held in jail ona murder charge, The negro shot Wollock following a dispute of payment of
salary, using Wollock s own gun which he had stolen, witnesses said." NEWS, 1-1-1927.


pens y Bla. Ynepgay ~ Maw ; ha pucrot<L_


~~?

RANA NSE NSE NSA NGA” NGA NSACNSA NEA NBG NSEONRA NS NSC NEGO NRG ONS NENG NN NS ENS

: CERTIFICATE OF FAILURE TO FIND RECORD

STATE OF ALABAMA
DEPARTMENT OF PUBLIC HEALTH

GR
SOREN RS GF

» :

2 \
y

(é CENTER FOR HEALTH STATISTICS—OFFICE OF VITAL RECORDS 3)
ye October 3, 1991 $)

Zz

@ This certificate verifies that a diligent search of the records in my custody 3)
S) has been made covering the period 1912 to 1924 % {
No record was found to exist of the death of Albert Warren on y
February 14, 1913 in Pike County, Alabama. #)

> oh
M4 / Dorothy S. Harshbarger 5)
GF State Registrar & Director ¥)
? A
€ ADPH-F-HS-26/Rev. 11-89 FF-7205 02 F-10-3-91 jf 4
-)

RBZ SEGRE RED QUE RBG NEG LEGG LBZ RUB NB RNGE VG LBIGRBGL RNS RMBBR WIR 65 Ree

Suey *qrsqaty §Naney

QRUNOD BATT pe

ry fh

~

-2
A

ETET-7T

rf Ne "Sy oe . %
Bh thes Ps 8 8 ene a
SEE rig

*,

Roast . ,
Tennessee Turkey, Cranberry Sauce
_ Asparagus Tips in Butter
Chicken Salad en pea ot:
f Dessert - °*

English Plum Pudding, Brandy Ranch
pLottee é Chocolate Tea
nye

Fy » Wednesday, December 2, 1912
bee Advertisement.

Paras

NEGRO ATTACKS BRUNDIDGE
“WOMAN; POSSE PURSUING:

extningslfiensinait
‘Black Is Traced In Direction Of Ozark
By Deputy Sheriffs.
: Special to The Advertiser, ~ x
TROY, ALA., Dec. 24—Monday night
about ten o'clock Brundidge was the
scene of grea. cxcitement when it be-
Came known that..a negro man had
made an attempt at criminal assault
upon Miss Alice Graves, a sister of
Herbert Graves, an officer of Brundidge
Mr. Graves and his sister live about

eye

LN three-quarters of a mile southeast of

De

\
NG
™~e

: “warmer Wednesday;

Brundidge. Mr. Graves had gone to

Brundidge on ee patter | his |

sister alone.

:About 10 o’clock she heard’ a knock
atthe door, and a negro inquired if
Mr: Graves was at home saying he
wanted him to break up a crap game.
Miss Graves told him her brother had
gone to. town, whereupon the negro
broke into the ‘room, seized Miss
Graves,’and-in‘' spite of hard fighting
on the part of Miss Graves he drag-’
ged her’as"far as the back yard
where he.became frightened at her
screams. He.réleased her and ran.
Miss Graves ran screaming down the
road as/far as the Andress home
where she: phoned her brother who
tame home immediately, bringing offi-
cers and a physician for his sister. He
then left on a quest for the negro.

Cme negro was carried before Miss
Graves, but. was not identified. Sheriff
McBride ,and deputy Ross McBryde
Were called to Brundidge_ shortly
after ten o'clock. The party searched
all -night,, and, although not finding
“the guilty: party, found several clues
that might be used in so doing. Sheriff’
McBryde returned to Troy’ this morn-:
ing leaving Deputy Ross McBryde with
the Brundidge officers.

Later news states that in the noaiel
today the negro was traced inthe.
direction. of Ozark, being seen at a
country store just across the. Dale
County line. ‘He-went to his home
after the officers -had been there to
set. some clothes.

CARD OF THANKS.

——
Mrs, D,. S. Patterson and -° ediitiy. de-
sire to-express their grateful ‘thanks
to their neighbors and friends for the
kind attention and “sympathy extended
on. the occasion of thelr; of eONne: “be-

} ' THE WEATHER. %,

WASHINGTON, Dec 24—Forecast for
North Carolina—Faip and somewhat
warmer. Wednesday; Thursday fair.

--For South Carolina and Georgia—
“Wair and somewhat warmer Wednes-

y; Thursday falr.

For Florida—Fair and “warmer in
north portion Wednesday;- Thursday
faire. -%-

For Alabama, Mississipp! and Louitgs-
Jana—Fair and somewhat ‘warmer:
{ Wednendays Thursday fair.

‘For East Texas—Fair and somewhat
Thursday fair.

For West Texas—Fair and somewhat
warmer Wednesday; Thursday fair.
e2<For Oklahoma—Fair Wednesday and
Tehcreday.

»sFor Tennessee—Fair and somewhat
» Warmer. Wednesday; Thursday fair.

For “. Arkansas—Fair’ Wednesday;
“Thursday probably fair. : :

‘New, ¢Mexico—Fatr and
“Thursday, ~ ;
*y Kansas—Faitr Wednesday and _prob-
_ably/\Thursday.

‘*Missouri—Fair Wednesday; eeiiend

" warmer

‘| mall cdr were filled with the overflow

t MESSRS. HAAS AND SEIDEL}

entientiies oe . 9 said

lng in wa alate--und when t trains
arrived the caugo of tho lite habit
was plyain. Every train had = two
and three extra coaches, every coach
being. packed with people stending in
| the alsles, while tho bagyage and

of passengers. The threugh trains in
the morning were on time for the first
time in many days, the through Christ-
mas travel being over until the re-
burn tide. sets in after New Years. ~

By’I- o’clock in the afternoon there
was a struggling mob in front of ‘tho
ticket offices, and before 2 o'clock the
space from in front of the entrance
gate to the train shed back up on
the steps of the general waiting room
and as far back as the colored. wait-
ing room at the’ north end of the
building was a’ solid mass of people,
There were seven or elght coaches an
all of the outgoing local. trains, but
just how the. thoysands of people
wedged themselves, into the different
coaches is a mystery. Passenger
coaches bell as much in demand as
freight cars e just now, one suur-.
ban train pobre ‘gs out of ‘the shed with’
a chair car and.a Pullman-in.addition’

at th
woun
will t
returr
Toda:
ticke

Janu
ticke
tick ¢
6th.
Tol
Wien ad

east
“Nob.
mane

. Tht
cars|
Tues|
were
oft
and
took i?
on he

ws
ye bd
hours

COMMISSIONER WALDO IS
SUMMONED IN GRAFT PROBE

eunasiemengie
Steines of Confessions by. Various Po-
_ Ieemen Strong in New York. °*

NEW; YORK, Dec... 24.—Developments
,today in: the vice inquiry involving
stories of police guilt in accepting
graft resulted in'a decision by the,
Aldermanic. investigating committee to
subpoena Police Commissioner Waldo
and record clerks at headquarters to
appear, before the committee Friday.
_ Commissioner Waldo earlier had de-
clared in a letter to the committee
that he would not appear at its execu-
tive session. He charged that -Attor-
.ney Buckner had made a false state-
ment in saying, as: alleged, that the
commissioner was hampering the com-
-mittee’s investigation.
Another development .was
rest on, Commissioner’ Waldo’s orders
of. Eugene. -Fox, a policeman. “Fox
.was-charged with extortion.. The ar-
‘rest was: the otitcome of.a- story. by
‘disorderly resort ‘keepers to the Al-
dermanic committee. last week, accus-
ing Fox of accepting ‘$100 monthly ‘for
five years in return. for. “protection.”
With Fox, Emanuel: Maas,. a beer
bottler, Sol Wolf, a “liquor dealer, and
Policeman Skelly under’arrest as\a re-
sult of recent graft stories and with
other policemen under investigation,
rumors were strong -tonight that sev-
poral jopateseione would be made short-

yids hce Se:

the ‘ar-

‘Spectal “Matinee ‘today 3 o'clock;
night 8:30. The Grand. Henrictta Cros-
man in “The Keal Thing.” —

GIVE, ORANGES TO POLICE

} dnmemaaiigpianianion
Ciiiteimy ‘Gitts ‘- Presented
Captain And Sergeant.

Cntet:

ee

hs C. “Haas and W. Ww. Seldie. pre-
sented .to the“ police force’ oranges
enough for.the whole force and then
some left besides. This was only one
of ‘the. many gifts received by the
police during Tuesday. F

During ‘the afternoon, the police
force presented.several gifts to Captain
Smith, Chief Tavlor, Sergeant Murrell
and Sergeant Williamson.

The prisoners in the City Jalil and
also in the Montgomery County jail
will be fed like kings today. The
Christmas: dinner at the city jail will
be spread before at least fifty prison-
ers. Camp stew, turkey, bread, coffee,
peas, and other vegetables will be
spread. along a long table where ‘all
will eat together. But the prisoners
at the.county jail will have to eat
in the cells, but they will. have a

CHIi

‘

Tibet

:- PE}.
the r
ing/u
ment'
delive
bassa
but fi
treaty
agree)
Britai
admini
territa
vent
same, |
ment |
pclice {
protect
The !
proper].
China 1
to sen¢
to Tibe
Chinese
for Gre
from Ii
much. ir
lana t¢
in Tibe.
Regre
that th
close al
Tibet by
such an;

curred,
situati
epidem
antine
entert:
carrie¢
tives

PASk

AT.

CLE
Pasker
delphia
riously”

dinner equal .to that of the city

ft,

badly? fair,

} Prisoners oa

ea Way ad

‘Today

ae

oe Warren Confesses to

~ ed near Elba, Ala,

cept bet
grets G)
recognize
saying t
mutually

Special: ened Warren away.
night 8:3 Posses were immediately organized.
man in “lead by Miss Graves’s

— the surrounding country was scoured

NO ADI
MEN

‘MIDVILithat he would be lynched if taken back
tional c--‘to the scene for identification by Miss
velope?e .

home here, it was learned, “C04

, sci
wil a ete Wiliinees

?

Lee Tinta PAT ee
. ' * *

Dece’ ;-

BRUNDIGE NEGRO. -
HERE FOR SAFE- CEN

oe rs ‘

pr Ataeking Miss Graves

——_e——

“FACE BADLY SCRATCHED

ooo

Black Says He Was Drunk and
’ Doped and Remembers
Little of Attack

-t.
'’

‘Albert Warren, a negro accused of
assaulting Miss Alice‘Graves at Brun-
didge, Ala., Monday night, was arrest-
Thursday by Dep- |
uty Sheriff C.°R. Dave and J. D.
Stewart who recognized the negro from
the description given in The Advertis-
er. The arrest was made late Wed-
nesday night, and the negro brought
to Montgomery Thursday for safe
keeping. Feeling at Brundidge is
running high, and the negro contessed
to the attack, rather than be taken
back to Brundidge for identification.

The negro is badly scratched about
the face. marks left by Miss Graves
during the fight in the house, before
‘the negro became frightened.

At the county jail last night Warren
said he did not remember all that had
happened when he called at the Graves

Observatlof:
of equal air

CO clear: G

temperature).

house Monday night. He sald be had
been drinking heavily, and that he
was full of drugs. He _ says he re-
members nothing other than that Miss
Graves fought him, and that she
screamed for help throughout the
fight. Warren says he does not re-
member whether he hit her or not.

Miss Graves was attacked by the ne-
gro Monday night at her home near
Brundidge. The negro called at the
house early at night, asking for Miss
Graves’s brother, and when told he
was in Brundidge, attempted to assault
Miss Graves. The negro dragged her
into the yard, but Miss Graves fought
— him off, and finally her screams fright-

brother, und
for the negro. He was traced in the
direction of Elba, but' the trail was
lost before that town was reached.
Feeling around. Brundidge ran* high
for several days, and the negro feared

.Graves. In the county jail last night
he repeated to the officials here the
confession he made to the officials of
Coffee county making the arrest.

Opp is about. seventy miles from

Brundidge.

The Grand tonight 8:30, me! Brian
in “The Siren.”

IMPORTANT CASE

s —_—
‘Government Expects To Settle
Question In Corn Flake Sult. _
_—__eo——
WASHINGTON, Dec. 26—The result
Mi with* op pti-trust suit’ today against
ays Cornflakes Com-

ae

old

eee

RAIN IS PR
MON]

Coldest Weath
For Toni

Rain is ford~
Friday mornin
by clearing w
or night. The
season is indi}
or Saturday, } .-
Smyth, Direct ©

= ae

TO BE A NATUOH
LOVER IF Youf”
STAY INDOORS
THE WINTER
TIME

“Fimnmie Bs

You CANT CLAP

ceeding day.

The weathe>
in the .South
Thursday moi
along ‘the Sou

coasts, and


|

loyal wife tells what
he suffered while wait-
g for her man to die,

Electric
Chair

Ruth Vaughn

E DIED in the electric chair!
Not some man a_ thousand
miles away, but my own hus-
band, blonde, handsome, Con-
nie Vaughn!

They burned him at 12:18 A.M.
on November 25, 1938, in the hot
seat at Kilby prison in Montgomery,
Alabama. Never will I forget the
horror. of that night—though I live
to be a hundred years old! For I
was there—dying by inches—in the
prison . lobby—while the state
burned the life out of my loved one!

I was only fourteen years old that
bright day of September 21, 1932,
when I stood up beside my hand-
some boy friend and heard the min-
ister pronounce us man and wife.

And I was happy beyond my most
extravagant hopes. Connie was a
perfect lover and a perfect husband.
There was only one cloud in our
sky and that was—the depression.
The many plants, foundries and fac-
tories in and near Birmingham were
either shut down or running short
handed. Connie had just moved
over. from Mississippi shortly before
our marriage, he didn’t have any-

‘one to “pull” for him and he
couldn’t find work anywhere.

We lived with my folks, raised a

: /: little garden and just drifted along.
We had been married a little over
a year when I told Connie that he

was to become a father. At first
he was overjoyed. He was all ten-
derness and shy _ considerations.

Then his expression became glum.

and downcast.

“What’s the matter?” I asked.
“Don’t you like—babies?”

“Yes, dear,” he answered. “I love
babies. But I can’t bear to think
of bringing a little tyke into all this
« .. depression misery!” It was as
if the horrible thing to come .was
casting its shadow over us. . When
I heard the word “depression” I felt
relieved. If that was all that was
the matter!

“We'll get along all right,” I
soothed, “Mother and Dad won't
let us go hungry.”

Connie, however, was determined
not to allow Mother and Dad to de-
prive themselves in order to give to
us. By this time we had moved into
our own home. And before long he
began bringing in money and
groceries. At first, I didn’t ask
where he got these things. I sup-
pose I was too young to give it a
thought.

I learned the answers to my un-
spoken questions the hard. way...
from officers working out of the
Jefferson County, Alabama, Sheriff's
office. . }

“We got a tip that your husband’s
been bootlegging,” one of a group
of officers told me one morning.
“And we've got a warrant to search
your place...”

“Bootlegging!” I cried. “Why, he
wouldn’t do that!”

The very thought of it drove cold
shivers up and down my spine. My
people and Connie’s people have al-
ways been strong on going to church

y

1 have never for a mee.
ment doubted the story
Connie told me of where

he had been that night.

and respecting the laws of our coun-
try. The very idea that Connie was

. living contrary to teachings of the
church ‘and laws of the state was un-
thinkable! «:.°%

The officers ‘searched the house
but could find nothing incriminat- ;
ing. Their visit, however, plantea™™
a doubt in my mind. Was this where .
Connie had; been . getting» the”
groceries, the clothes he had been
buying for Sonny and me? m

That very evening, Connie came |
home and laid the familiar packages
on the table.as usual. ‘

“Connie, Where are you work-
ing?” I asked hime. somo.’

He looked at me steadily, his blue.
eyes very serious,’; Then he. es

x

Be
a

officers’ visit,/4> yy
“But it isn’t true, is it Connie!’

I exclaimed, @ 2 finished my story. -

ASany “amy i

my-face, long and seriously. ce 3
“A lying to..you, Boots,” he. = (=.

replied. es, I am‘a bootlegger.’))

you a§ long as I could.” saws fr 293
ee how could you?” I burst out? “am
I never will forget*that answer! @&
It made me ashamed of- asking it. 7)
He ee at a pew, quiet bien “It ee
was the,only way ad of making od
money for you and Sonny.” Nia ton
Connie -talked for a long time
then. And while *Twept on his os
shoulder he persuaded me that what.
he was doing was all

Although Connie had acknowl-
edged the crime of bootlegging, he
plead not guilty to the charge of
selling a stolen tire. The jury, how-
ever, was not convinced with his de-
fense. They brought in a verdict of
guilty! , :

Connie’s lawyers made bond, and #2;
Connie went free, while they filed ®
an appeal for a new trial. new ¢"

lim.

trial was granted, fT) ile, hue
Connié%and my cousin, Malcolm
McDaniel, “¢ontinued , g runs -
of whiskey all that summer, %So,
matters drifted-along until — :
rible’day of:September 9, 1936,
Grandfather—lovingly known in
Mineral. ‘Springs as.““Uncle Billy”
Densmore—walked up on*Mother’s ©
front porch early that gnorning to 3
talk a while. Pde,
“‘Where’s Ma?” Mother asked him.
Grandfather twisted the ends of
his moustache and answered: :“‘She
went up to your aunt’s yesterday.
Reckon she’s still there. Didn’t come


A ory T \T ; c ZM
, white, elec. AL (Jefferson) November 25, 1938

<<
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E Berl. Tees "
RR bie cs epee cs Sa sis

The Grim Tragedy
of the DANCING

82

A curious crowd, above, gathers at the peaceful lake where
the body of pretty Mrs. Annie Mae Adkins, left, was found

after a night of dancing.

spirited bride of three months, went dancing on a
Saturday night.

A midnight ride followed and the car that carried her
into the darkness also carried her to death. Her body,
trussed with chicken wire and weighted with stones, was
found in a lake in the Gardenville section of Birmingham,
Ala. Hers was the third murder to confront local authori-
ties within a month.

The search for clues brought the discovery of a rubber
heel caught in the chicken wire that bound the bride’s
body. The heel, according to Deputy Sheriff H. C.
Peveler, apparently fitted a heelless shoe found in the
home of a suspect. A witness testified he saw the young
bride and another man leave the automobile and walk
toward the lake from which she never returned.

The case was complicated by the fact that Mrs. Adkins
was recently a witness in an auto theft trial in which a
conviction had been obtained. A new trial was ordered
and Mrs. Adkins was scheduled to take the stand again.

Prriries’ Annie Mae Adkins, a vivacious and high-

STABI
tions o
new speed
tinental aut
2,322 miles
to maintain

Here is spe
greater top
precious mo
The same Va
record and ¢
car owners.

sive—and pa
Vacu-matic
charge prin
oxygen, dra
gas mixture
motor to ©

Agents
S:

VACU-MA
a splendid
for unusua
profits. Va
tories now
signed. Che
coupon.

The VAC

the highly polished floor, chatting merrily as they danced.

Outside, the crowd had finally thinned, until few but the
attendants remained in the lobby talking and joking with
Officer F. J. Harris, a genial fellow, who was popular with
youngsters and oldsters alike.

Two young men, pleasing in appearance, and nattily
dressed, entered the Pickwick lobby. They were not in
evening clothes and what made them appear suspicious. to
Officer Harris when he turned to greet them, was the fact
that they both wore caps, pulled,down closely over their
eyes.

F OFFICER HARRIS, or the employees of the Pickwick

Club, had had any doubts concerning the reason of the
presence of the two newcomers, they were soon dispelled by
the sight of two weapons, that indicated their purpose. The
taller man was armed with a blue steel revolver, while the
lights of the lobby glistened on the highly polished barrel
of a shiny automatic in the hand of the younger man who
followed in his companion’s footsteps.

Kindly Officer Harris, with the sound of merriment in
his ears, did not take these two young men or their weapons
seriously. He thought it was a practical joke which two of
the members of the social set had planned as a dramatic
surprise without considering its danger. He was soon to
realize his mistake. The older stranger thrust his gun into

16

the officer’s side and hissed between his teeth, “Stick ‘em
up!” Harris caught hold of the arm that held the revolver
and attempted to wrest it from his assailant. As he swung
the menacing arm to the left the weapon discharged, the
bullet going wild.

Realizing now that it was a matter of life and death,
Harris flung himself on his opponent, and backward and
forward they swayed in their struggle for the possession
of the gun. Inside, the shot had stilled the music. Cries of
fear and rage echoed through the place as the scene of
gayety was changed to one of terror.

A pretty girl fainted in the arms of her escort, as the cry
echoed through the ballroom “A man has been shot!” Some
fled from the scene by rear exits. Others crowded to the
entrance where the two men were engaged in a struggle to
the death.. The second bandit, holding the shiny automatic,
stood threateningly a few paces away.

Officer Harris seemed to be getting the better of his op-
ponent, when suddenly, to the horror of the enforced eye-
witnesses, the other bandit was seen to swing his automatic
to cover the struggling couple. When Officer Harris made
a last supreme effort to down his opponent, he swung
around so his back was turned to the man with the auto-
matic. The gun spat fire, and Officer Harris sank slowly
to the floor.

Even as a second shot rang out, Sam Wade, an employce

(At

We
der
the

cl

an

(:

rc

Stick ’em
e€ revolver
he swung

arged, the

nd death,
ward and
possession
Cries of
scene of

is the cry
t!” Some

ed to the

ruggle to
utomatic,

f his op-
rced eye-
utomatic
ris made
e swung
he auto-

slowly

mplovee

(At left, above) Richard F. Darrafou (left) and
Wesley Vincent (right), who brought the Presi-
dent’s Ball to a tragic end, are seen conferring. with
their attorney, K. C. Edwards, during their trial

*

Chief Deputy Sheriff C. E. McCombs of Jefferson

County (above), is seen holding the butcher knives

and gun used in the sensational battle in the county
jail

*

Though mortally wounded, Officer F. J. Harris
(right) struggled to his feet and fired after two
retreating figures as they fled from the scene


18 Master Detective

——

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SA EEL REE PLO ©

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Murder at the President’s Ball: 19

of the Pickwick Club, made a spring for Harris’ second as-
sailant. He seized him, but the bandit whirling suddenly

shook himself loose, and covered Wade with his automatic.
Nothing daunted, Wade knocked the weapon aside, but be-
fore he, or any of the onlookers could seize the strangers
they turned and fled.

L YING wounded on the floor, Officer Harris raised him-
self, drew his pistol and fired at the retreating figures,
who, followed by a hail of lead, dashed madly out of the
building. One of Harris’ bullets appeared to find its mark,
for the taller of the two fleeing men stumbled to the floor.
But before he could be seized he was on his feet again dash-
ing madly after his companion, whose course, some of the
observers noticed, was toward Twenty-first Street.

Harris, with blood trickling from a wound in his back.
and his face set with pain, asked that an ambulance be
summoned; and the scene of wild confusion in the lobby
subsided into the calm of horror. Energy now took the
Py place of inaction and everything was done to speed the
G pursuit.

: I received the news of the shooting over the telephone
from the club, and sped to the scene. After Officer Harris
k had been placed in an ambulance and taken to the hospital,
I questioned the Pickwick Club employees who had been
eye-witnesses to the tragedy. These were Clyde Wasson,
ticket seller; Sam Wade, ticket taker; Robert Burgess,
colored doorman and two other Pickwick employees; Eu-
gene Oldham and E. P. Poe. They all told me practically
the same story and were able to give me a good descrip-
tion of both of the bandits. bs
We immediately sent out a rddio call over the police
short wave, telling all officers to %e on the lookout for the
bandits. This was followed by a description of the two
fugitives.
. Among those who listened to this (Continued on page 78)

ES


Literally. A passerby spotted something
in the waters of a creek in Calhoun Coun-
ty, Alabama, some miles to the north of
the Talladega County line. The person
had stumbled on one-half of Macon
Donahoo’s gun collection and his reel-
to-reel tape player. The I.D. on one of
the rifles was unmistakable: ‘‘T.M:
Donahoo. Alpine, Alabama.’’ Deputy
Larry Amerson of the Calhoun County
Sheriff’s Office immediately made- the
connection with the Talladega mystery
and phoned Sheriff Studdard. The next
day Studdard drove to Calhoun County
to collect the weapons. At about the
same time, a sergeant of the Weaver,
Alabama P.D. called Talladega to say
yet another weapon, a shotgun, had been
turned in. Three of the four guns were
now accounted for. The weapons and the
tape player were sent to the Alabama
Bureau of Investigation’s Latent Print
Section in Montgomery. Two prints
were discovered—one Donahoo’s, the
other unknown.

Though no evidential bonanza, re-
covering the weapons was technically
important. Said Surrett, ‘‘There’s where

you actually have pure fact that some
criminal act occurred at the Donahoo
house.’ biel

The latchkey was moving.

Surrett and Hurst began shuttling back
and forth to Anniston, interviewing rela-
tives, friends and enemies of their quar-
ry. ‘‘Waldrop’s leaving a trail’ said
Hurst. ‘‘It’s not a trail good enough that
you can put your hands on him. But it’s a
trail well enough left that we knew he’s
running from us. He’s coming in and out
of Anniston.”’

The closer the pair got to their prey, the
more dangerous he became. Surrett ex-
plained: ‘‘Statements were relayed to us
that he wouldn’t be taken alive. If any
police officers came after him, he’d kill
them. He had been involved in police
shootouts before. We just kept getting
messages like that. It automatically tells
you something’s up. If he’s got nothing
to hide, why’s he running from us?”’

In mid-June, Surrett received a call
from Anniston Police Chief Wayne
Chandler. The Anniston lawman knew
the Waldrop story well. He had been a
detective when Waldrop killed the two

men in 1973. In Calhoun County,
Chandler led Hurst and Surrett to a third
source. ‘Waldrop, the source confided,
had told a friend that ‘‘he shot ‘the man’

in the head.’’ ‘‘The man’’ was Macon

Donahoo. It was the first hint Surrett and
Hurst had as to how he might have died.
The source, ‘‘Johnny,’’ had good

reason for going to the police. He wanted °
going p

to live. Waldrop had sent word that this
particular Saturday night would be
‘‘Johnny’s’’ last. Personal reasons lay
behind the threat. Informants’ motives
can be pretty complex sometimes.
‘‘Johnny’s’’ was easy to understand.

A plan developed. *‘What do you nor-
mally do on a Saturday night?’’ asked
Surrett.

‘J, ah, go honky-tonking,’’ answered
“‘Johnny.”’

“*Well,’’ smiled Dennis Surrett,
‘since you go honky-tonking, we’re
gonna go honky-tonking with you.”’

Blue jeans, knock-around shirts and
cowboy boots were the uniform of the
evening. Anniston Police Chief Chand-
ler and his Jacksonville, Alabama coun-
terpart, Paul Locke, provided backup.

18

Idrop (above) was in town; watch him.

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THE MAGI‘
secrets for the firs
the seams with m
vious? Supreme pos
friends? What w

tion that would
mediately recover
What would it be
astral wings, as Wil
ever you
others behir s¢
time run forward
a “black mirror
make your face old or

eee BRINGS AUT
( a |

W.E. “Pee Wee” Hurst (left) and bespectacled Dennis Surrett (right) became the chief investigators on the case.

Witcheraft can ‘bri
someone, infiue rr
one stop bothering
You don’t have to

Thousands of ordin
| craft Power right no»
} - ‘ ‘ ge hes pavers -
; Each trailed Hurst and Surrett in sepa- BXME POWER th
| over other persons!

rate, unmarked cars. with Magic Witches
4 ’ “Cross@pot My Patt
The first stop wasn’t bad: decent rouble vhen
: yhig 90 . ouble with this ne
music, pretty ladies and no cigars. After reWith these amazs
oe . to you—1n awe VOU
that, remembers Pee Wee, *‘It got rapid- to make, things hap
” 6s tiny, and never hay
‘ ly worse.’’ The pattern was for ‘‘John- Whatever you
ny’’ and a companion to go in first, with Like electricity
* . men, to make life ¢
Hurst and Surret ambling in a couple of You'l see ho»
. nsive clothes an
minutes later. It was a very dangerous seat FREE . ho»
: * leasure pala
way to go fishing— for the bait as well as ice
AMAZING TE
the anglers. UY
: Witchcraft sect
The third bar was the worst. It gave iiteele in OE ®
| new meaning to the term ‘‘raunchy.”’
1 Clouds of cigarette smoke swirled Now! Let Th
around din light bulbs while alive band INFINITE
blasted electric holes in shouted con- a ay:
versations. For Surrett and Hurst, condi- | And Mo
tions were perfect for the cultivation of ; aia!
high-grade paranoia. Shuddered Hurst, ; oe gs
‘*You’re a couple of cops sitting there Roe
trying to do your job, not knowing what Te wort
to expect next. Whether they really are aren
or not, people are looking at you. Some- | af
body in there knows you’re a cop.”” Sur- ee
rett and Hurst were Luke Skywalker and secret of th

with money

Han Solo in that bizarre bar on the desert
planet. Remembered Surrett, ‘“We’re

the only two guys in there with short hair doe tr
and looking half way human. Everybody wes oon

else has got long hair, mustaches, beards geuecing
down to here.’’ At one point, sitting aon
back to back, Dennis turned to Pee Wee uae

Mirror
unguessab
ink, and t

from other

AIK and asked where the neon sign was that
Talladega County D.A. Robert Rumsey was the ‘Bear Bryant’ of prosecutors. He was screamed COP! :
cool, sophisticated and had a knack for eliciting information, He also rarely lost. (Continued on page 66)

20

sp A AE EET


hologists were
small sample
not crystalized
had 27 percent
’* Despite the
Kull, no cause
ined.
his would bea
and patience
ls in the search
esumed killer.
out two weeks
a storm watch.
ayne Waldrop
id to be in Tal-
id Chief of De-
should expect
Surrett had
urce. The

lt Waldrop was


‘ » 4% é

=

Even Macon Donahoo’s

a convicted double-murderer. In 1973,
he mutilated and tortured two men from
adjacent Calhoun County, carving his
initials in the stomach of one of the vic-
tims. He was given a plea bargained 15-
year sentence for the grisly executions.
After seven years, six months and 27
days behind bars, the State of Alabama
set him free; the beneficiary of the now
defunct Good Time Law.

The second tip was set up by an infor-
mant named ‘‘Buster.’’ On June 7th,
four days after the fire, ‘‘Buster’’ tele-
phoned Surrett to arrange an appoint-
ment between Talladega County District
Attorney Robert Rumsey and another
man who ‘‘Buster’’ believed had some
important information. Urbane and de-
vastatingly effective, Rumsey had a
reputation for eliciting information and
winning cases. He’s been referred to as
the ‘‘Bear Bryant’’ of prosecutors. In
five years, Robert Rumsey had lost only
one case.

That afternoon, Rumsey and the
source met at a local restaurant. The
security was tight; it had to be. Rumsey
‘*would be a prime candidate for a hit,”’
said Surrett. P

The source told Rumsey that Waldrop

16

two Cadillacs

4c ay AX
were destroyed in the blaze. Above is

and two associates had come to his rural
Talladega County house ‘‘looking for
guns.’’ Surrett recalled that the source
told the D.A. that the trio “‘had a score
they wanted to do but they didn’t have the
money (to buy the weapons).’’ The con-
versation'then centered on Macon Dona-
hoo and another prominent local
businessman. They were the targets. The
source told Rumsey the three men discus-
sed Donahoo’s five-karat solitaire and a
purported quarter-of-a-million dollars in
cash he supposedly had hidden in the
mansion. The problem was how to find
the money. ‘‘He’ll tell me where it’s at,”’
boasted Waldrop. ‘‘He will tell me.”’
Powerful stuff; but not enough to make
a case, especially because of the source’s
background. Lawmen felt it was ques-
tionable. Still, he had'a conscience.
‘I wouldn’t have cared,’’ he said. “‘I
wouldn’t have said nothing if they had
robbed him. I wouldn’t have said nothing
if they had stole from him. I wouldn’t
have said nothing if they had burglarized
him. But, I’ll have no part of killing.”’
Hurst and Surrett had the key to the

investigative door. Opening the lock:

would be another matter. The tumblers

would move, but only grudgingly. Each

the charred remains of one of them.

twist of the investigative wrist
threatened to alert a wary and thoroughly
dangerous man on the other side.

Said Hurst, ‘‘We had to gather every
piece of hypothetical evidence that we
could come up with. We gathered it,
collected it and saved it because some-
where down the line we didn’t know if it
might be valyable information.’’ There
are a lot of occupational hazards in being

’ an investigator. In the search for Billy

Wayne Waldrop, writer’s cramp would
be one of them. q

Two searches began: one for the booty
missing from the desolation of Macon
Donahoo’s home, the other for Wal-
drop himself. The two quests were to
prove inextricably linked.

.Surrett and Hurst decided to concen-
trate on tracking Waldrop rather than
either of his two purported associates
because, as Captain Surrett put it, “‘We
figured he would be the easiest one to
catch. He was the youngest of the
three.’’ The convicted double-murderer
was ‘‘the most immature and the least
professional. We knew he would make a
mistake.’’

On June 8th, five days after the fire,
the first pieces of evidence surfaced.

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+45 SUPREME COURT

(Jovner v. The State.)

[Dec. Term,

of the rule as to the weight of the evidence necessary to a con-
viction. an explanatory or qnalifying charge should have been
asked. The court correctly stated the object of the law.

It must be admitted, that the mother ot the defendant was,
on the facets shown by the bill of exceptions, guilty of a serious
indiseretion. The court treated her with tenderness and con-

sideration. As it occurred in the presence of the jury, there,

was nothing improper in alluding to it, te prevent any undue
intinence in favor of the defendant; and no prejudice thereby
eonld have resulted to him, when accompanied with the in-
struction, that they had nothing to do with these things. or
what others might think ought to be their verdict.

The judgment of the Circnit Court is affirmed. It is accord-
ingly ordered and adjudged, that on Friday. the 19th day of
March, 1886. the sheriff of Dale county execute the sentence
of the law. by hanging the said William J. Ward by the neck
until he is dead, in obedience to the judgment of said Circuit
Court as herein affirmed.

Joyner «. The State.

Indictment for Retailing Spirituous Liquors without License,

1. Appointment of deputy solicitor.—Under the statute authorizing

the appointment of a “competent attorney to act in the solicitor’s
place,’ when that officer is absent, or disqualified to act (Code, 9 775;
Sess. Acts 1878-9, p. 42), the appointment must be made by the court
while in session, and must be entered of record; and it can only be
proved by the record.

2 Solicitor’s siqnature to indictment.—The legal evidence of the verity
of an indictment is its return as atrae bill by the grand jury, as shown
by the signature of the foreman, and the signature of the solicitor is
not essential to its validity.

8. Evidence before arand jury; legality and sufficiency of. —An indict-
ment will be quashed, on motion, When it is shown that the witness be-
fore the grand jury, on Whose testimony it was found, was sworn by a
person Who Was acting as special solicitor, and Whose appointment was
void.

4. Transfer of cause from Cireuit to Couuy Court.—When an indict-
ment is found in the Cireuit Court. and a trial is had under it in the
County Court, the trenseript should contain a certificate showing the
transfer of the cause.

5. Charge omitting time and place, and assuming facts as proved.—A
charge which pretermits time and place, or which assumes as tact what
only oral testimony tends to prove, is erroneous.

6. When appeal Ves. —In a eriminal.case, when the record does not
show any judgment entered up on the verdiet, the appeal will be dis-
missed by this court er mero motu.

VOL. LXXVII.

1885.1 OF ALABAMA. 449
[Joyner v. The State.’

From the County Court of Jackson.

Tried before the Hon. Jonn B. Tatty.

The indictment in this case was found in the Cirenit Court,
at the May term, 1885, and charged that the defendant “sold
vinons or spirituous liqnors without license, and contrary to
law.” The case seems to have been transferred to the County
Court, though there is in the transcript no certificate of the
fact: and a trial was there had before a jury, who returned a
verdict of guilty, and assessed a fine of fifty dollars against
the defendant. The judgment-entry sets ont the verdict. and
then adds: “Therenpon, the defendant, together with” three
other persons named, “in open court confess a judgment for
said fine and costs, and in writing waive the benefit of the ex-
emption laws of the State. It is therefore considered by the
court. that the State of Alabama, for the use of Jackson
county, have and recover of the defendant and” his said sure-
ties “the said sum of fifty dollars, as by the jury aforesaid as-
sessed. together with the costs in this behalf expended, for
which: let execntion issue: and against this judgment, and the
execution to be issued thereon, theré is no exemption of per-
sonal property of the defendant or his sureties.”

Before entering on the trial, the defendant submitted a mo-
tion to quash the indictment, “becanse, althongh said indict-
ment purports to be signed by H. C. Jones, the solicitor of the
cireuit, it was not in fact signed by him, or by any one law-
fully authorized to sign his name, nor was it submitted to the
erand jury by the said solicitor: but, on the contrary, said so-
licitor was not in attendance upon the court, nor before the
grand jury finding the bill, during the sitting thereof. And
defendant further says. that one D. W. Speake, an attorney of
said court, without being appointed by the court as solicitor
pro tem., was before the grand jury during their investigation
of said case, swearing the witnesses, and advising the grand
jury as to their duties in the case, and counselled the finding
of the indictment; that said Speake was acting as the agent or
deputy of said Jones, in his absence, and drafted and submit-
ted said indictment to the grand jury; and said Jones, the so-
licitor, had no knowledge of said indictment, until he found it
on the files in this court.” On the hearing of this motion, it
was shown to the court by a member of the grand jury, the
clerk of the Circuit Court, and said D. W. Speake, that the
solicitor of the circuit, H. C. Jones, was absent at the term of
the conrt at which the indictment was found; that the presid-
ing judge, beckoning from the bench to Speake, who had been
acting as deputy for Jones several months, “told him he would
have to act as solicitor 7° that Speake did thereupon act as so-
licitor, swore the witnesses before the grand jury, and signed

29


Teegy Bea. YY 4a Le LIME GOO, Nett & RAs ‘Waa OP Ne.
Korg ad th Veh} Bie. gaerull purr bikhebi VAS af
Buucdids, Abe, Che. Ly Lee. AS, bad. Khe sd“ Tas
Uae Btig ba tensed Co the Laer LN is as

Zhu J fate COL ttre mer BF can &-/S- Aves


~— WERE FOR SAFE-KEEPING

‘Albert Warren Confesses to
_ Attacking Miss Graves —

ere perce oe per come

FACE BADLY SCRATCHED ||

serra se Deo: sears

Black Says He Was Drunk and

Doped and Remembers

Little of Attack

———QGeaees
ner wee an

Albert: Warren, a negro accused of ff .

uty Sheriff c. RR. Dave and J. D.
Stewart who recognized the negro from
the description given in The ‘Advertis-
er. The arrest was made late Wed-

Resday night, and the negro brought |

to Montgomery Thursday for safe
Keeping, Feeling at Brundidge is
running high, and the negro confessed

to the attack® rather than be taken |f

back to Brundidge for identification,
_ The negro is badly scratched about
the face, marks left by Miss Graves
during the fight in the house, before
the negro became frightened. :

At the county jail last night Warren
Said he did not remember all that had
happened when he called at the Graves
house Monday night. He said he had
been drinking heavily, and that he
was full of drugs. He Says he re-
members nothing other than that Miss
Graves fought him, and that she
Screamed for help throughout the
fight. Warren Says he does not re-
member whether he hit her or not.

Miss Graves was attacked by the ne-
gro Monday night at her home near
Brundidge. The negro called at the
house early at night, asking for Miss
Graves’s brother, and when told he
was in Brundidge, attempted to assault
Miss Graves. The negro dragged her
into the yard, but Miss Graves fought
him off, and finally her screams fright-
ened Warren away.

Posses were immediately organized,
lead by Miss Graves’s brother, and
the surrounding country was scoured
for the negro. He was traced in the
direction of Elba, but the trail was
_lost before that town was reached.
Feeling around Brundidge ran high
for several days, and the negro feared
that he would be lynched if taken back
to the scene for identification by Miss
Graves. In the county jail last night
he repeated to the officials here the
confession he made to the Officials of
Coffee county making the arrest.

Opp ts about seventy miles from
Brundldge.

The Grand tonight §:30, Donald Brian
in “The Siren.” : :

IMPORTANT CASE.
Government Expects To Settle Old
Question In Corn Flake Suit.

Ret OTR mer —_ 7. = : oe

-_ Observattons t
- of equal air pre
© clear: @1

temperature pas

=

RAIN IS PRED
MONTG(

Coldest Weather .
For Tonight

Rain is forecast
Friday morning, b
by clearing weath
or night. The col
Season is indicate
or Saturday, ac
Smyth, Director o:

§ YOU CANT CLAIM

f 10 BE ANATURE

| LOVER IF You «@
STAY INDOORS IN
THE WINTER

2

ceeding day.
The weather wa

fn than OA kL ae.


WARE, Fred, black, elec, Ala. (Randolph) 2-18-1939.

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2 Ap ers btaemtahpateewetires


hie SANT LLL

“NLDERLY | William Densmore
grumbled philosophically to
himself as he shuffled down

e gravel roadway-from his house

Bain’s Lake near the village of

ineral Springs, Alabama.

“Those +women,” he complain-

. “Always finding extra things

r a man to do.” :

It was true his wife had failed

come home the night before,
it Densmore was certain she had
erely visited at her sister’s later
an she intended, and then had
mained overnight because she
as afraid, after dark, to pick

‘r way alone along the levee at

e end of the lake.

The early morning September

t was invigorating. The 65-

‘ar-old man sniffed the fragrance

the pines, and cast a weather-
ary eye upward to the sky. It
as going to be hot, and he would

t get back home before the

orching sun: was high in the

‘avens. :

“Those women,” he repeated,

tting foot upon the earth-and-

ncrete dam that held back the’

urky. waters of the lake. He
used for an instant, looking
ck at the one-story clapboard
id log cabin of his daughter,
lf hoping he would catch a
impse of his wife around the
ud, thus saving him the walk
ross the levee and the long, tire-
me plodding up the hill on the
r side.

But there was no one in view
ound the little home he had
ft only a quarter of an hour
fore. Densmore started across
e dam.

He had goné scarcely fifty yards
fore he came upon the grisly
ject in the water. It was the
dy of a woman, encased in'wire

tting and floating face down |

the lake. :

o
ws)

Oy den ae

The bloated body of Annie Adkins, bound with chicken-wire and
weighted. with rocks, just after its discovery in

A fear flashed through his brain.
Could this be his missing wife? Not
for anything would he have at-
tempted to touch the bloated corpse
but he forced-himself to stoop and
examine it as closely as he could.

Densmore glimpsed a wealth of
dark red hair, bound by the mac-
abre shroud of wire, créwning the
dead woman’s head. His aged wife,
was no redhead, but even if it had
been she there in the water, Uncle
Billy’s feet could have carried him

no faster on across the dam, up

the slope and to his nearest neigh-
bor with a telephone.

Half an hour later Deputies H. C.
Peveler, Henry Holmes and Dewey
Rickles were at the lakeside, where
already a goodly crowd of residents
of the rural area had collected.

Densmore had efficiently obeyed
his instructions, given over the
telephone from the office of Sher-
iff’Fred McDuff. No one had even
approached he corpse. For once,
at least, the officers realized grate-

' fully, no curious spectators had dis-

turbed the scene of a crime before
trained investigators arrived.

' Here, however, there was noth-
ing to disturb except the body it-
self. The woman could have been
hurled into the lake—and the wire
net which bound the figure pre-
cluded any possibility of her having
jumped or fallen in herself—at any
point upstream, since the sluggish
current moving toward the dam
would in -time have carried her
down.

It was obvious she had been im-
mersed for several days, since the
body was bloated, and already was
beginning to blacken inthe sun.

‘zy
¥

vss Rega
cs
rit

?

eee

Bee

The deputies fished the corpse out
of the water and carried it into the
shade of a big pine. Coroner Evans
arrived a few minutes later and
began his preliminary examination
of the murder victim.

She was a young woman, he re-

ported, and had been a pretty girl. _

Evans pointed to a ragged lacera-
tion of the right temple. :
“Looks like she took an awful
beating,” he, said. “Might even be
a bullet wound. I can’t tell that

‘now. We'll do a post mortem to see

whether she was dead before she
was thrown into the water or if
she drowned.”

The coroner, aided by Deputies

Rickles and Holmes, began unwind- ~-

ing the wire netting from the de-
composed body. Meanwhile, Deputy
Peveler was talking with William
Densmore, getting his complete

story of the discovery of the corpse.:

Densmore told of his wife’s fail-
ure to return from the previous
nights visit at her sister’s home.
“My daughter—she's Jim Franklin’s
wife, and they live in the cabin up
yonder — had her one of her
dreams,” the elderly man related.
“She claimed she saw a body in
the lake, and she nigh drove me
mad until I allowed to go over and
find her ma. I set out, come across
the dam, and there it was, right
before my eyes, a-flotin’ lazy-like
in the water.”

Mrs. Beryl Franklin, Densmore’s
daughter, stood by listening as her
parent talked. She had found her
mother alive and well at the aunt’s
house. Now she told. of her strange
dream.

“Whenever I see things like that,”

&

S$. tia) ele
Mas (7¢7

Bain's Lake.

she said, “something dreadful is
bound to happen. Why, Sheriff, I
could vision that body plain as if
I’d walked down here along the
lake myself.”

SHOUT from the coroner drew

Deputy Peveler back to the
knot of men gathered in the shade
of the towering pine. As they had
unrolled the wire several large
rocks had dropped from it.

“She was weighted down in the
lake,” Evans said. “I figure she was
in the water about four days. Let’s
see—this is the ninth, Wednesday.
She was put in the lake maybe Sat-
urday or Sunday.”

Deputy Holmes was just finishing
the ticklish task of removing the
wire from the body. As he pulled
it away a peculiarly shaped object
fell from a fold in the dark dress
the victim wore. :

Holmes picked it up, studying the
strange shape. It was a well-worn
rubber heel from a man’s shoe.

“This is luck,” the officer exulted,
showing the find to the others.
“Looks like our killer left us some-
thing to remember him by.”

Peveler reached for the heel and
examined it closely. The manu-
facturer’s trademark .had been ob-
iterated by wear. “It isn’t worth
much,” the deputy pointed out,
“until we catch some fellow wearing
a right shoe without a heel. And

I don’t reckon the man who mur-.

dered this girl is going to wear that
shoe in public for some time to
come.” .

The fifty-odd persons at the
scene filed by the corpse but none
recognized it. Further questioning

-

is


icers had. good reason to know
Jaughh. The blacksheep son of a
‘espected family, he had been in
yne scrape after another. He was
yell known as the operator of a
noonshine still located back in the
iills, and not many months earlier
aad been involved in an auto theft
vase and had served a short sen-
sence for his part in the larceny.

Mrs. Greenfield went on to say
chat after a few drinks, the two
souples stopped for a little while
it the Birmingham municipal audi-
corium to watch the figures in a
weekly barn dance, and upon leav-
ing there had continued on a round
of taverns, ending up at a Cafe in
Lewisburg, north of Birmingham.

“Annie got in an argument
there,” Mrs. Greenfield informed
the officers. “She was playing the
juke box when- Freddie Lardner
sidled up to her and said some-
thing she didn’t like. I don’t know
what it was, but it made her kind
of mad. She slapped Freddie, and

when he drew back like he was '

going to hit her, she popped him

on the head with a beer bottle. I’

suppose that’s what you're after
her about, isn’t it? Freddie’s like
a lot of men who act fresh with
girls. He probably gave you a dif-
ferent story. about getting conked
with that bottle.” ;

Deputy Peveler told her the
truth. Lola Greenfield was shock-
ed, but eager to help the officers
intrying to unravel the mystery
surrounding her -friend’s death.

She said that upon their arival,
only Annie, herself and McDaniel
had gone into the Lewisburg cafe.
Vaughn had remained outside in
the car. . ;

“About one o’clock in the morn-
ing,” Mrs. Greenfield told Peveler,
“Annie and McDaniel left. I stayed
there. And that was the last time
I saw Annie.” :

Deputy Peveler was busy making
notes. “Did this Freddie Lardner
stay at the place after the spat
with Mrs. Adkins?” he wanted to
know. A

“For a little while. He went out
about fifteen minutes before Mal-
colm and Annie left.”

“Now tell me,” the deputy press-
ed, “had Mrs. Adkins had trouble
with anyone recently? With any-
body, that is, except young Lard-
ner?”

Lola Greenfield studied for a mo-
ment. “No,” she replied at last.
“Annie got along with most every-
body. Live and let live—that was
the way she believed things should
work out. She even felt bad when
she had to go to court to testify
against Connie Vaughn when he
got arrested in that automobile af-
fair last spring.”

Mrs. Greenfiield’s story had given
the sheriff’s men three possible sus-
pects in the case. However, they
could see no motive either Connie
Vaughn or Malcolm’ McDaniel
might have had for the murder.

They decided that young Freddie ~

Lardner, because of the quarrel,
loomed as the most likely suspect
of the three. :

EPUTY RICKLES knew the

youth from having seen him
upon several occasions in road-
houses in the vicinity of Birming-
ham. Rickles described young Lard-
ner as a handsome, quick-tempered
boy who usually had plenty of mon-
ey and seemed to enjoy spending it
on pretty girls.

6

The three investigators drove to
Lardner’s home. They found him
tinkering with the motor of his
car, a freshly polished, light coupe.

Lardner paled as they began
questioning. him .about his trouble
with Mrs. Adkins at the roadside
cafe on Saturday night. He had
read of the redhead’s murder in the
afternoon papers.

He admitted having aroused An-
nie Adkins’ anger by a quip which
he said he intended as a harmless
joke. “She had no call to slap me,”
the young man contended. “I guess
I kind of lost my head and drew
back my fist. I didn’t mean to hit
her, but she must have thought I
was going to.” He grinned ruefully
and rubbed a lump on the top of

his head. “Man, she came up with ,

that bottle faster’n a streak of
greased lightning.”

“You left the cafe a little before
Mrs. Adkins and McDaniel went
out,” Deputy Peveler said. “Where
did you go?”

“I came straight on home.”

However, this statement was en-

ahead of time.-It looks like the re-
sult of a sudden flareup. So who-
ever did the job probably is in the
habit of carrying a gun—which
Freddie’s folks say he is not. And
whoever killed Mrs. Adkins also
must have had immediate access
to that chicken wire. The Lardners
are city people, and they don’t keep
chickens.”

His colleagues saw the logic in
Peveler’s summation of the points
in Freddie's favor.

Peveler, Rickles and Holmes drove
back to the Mineral Springs region
and to the home of big, blonde
Connie Vaughn. He was not there,
but -the officers talked with his
pretty young wife, whom they
found in the back yard playing with
her two-year-old son.

VAUGHN surprised the

deputies by contradicting the
story told by Lola Greenfield. She
insisted her husband had been with
her on Saturday night, saying Con-
nie had picked her up in their car
in Birmingham at about ten o’clock.

Night spot near Birmingham where Annie Adkins spent the last

hour °

tirely unsupported, for his. parents

said they had been asleep when
Freddie got in, and his entrance
had not awakened them.

Deputies Rickles and Holmes
were examining young Lardner’s
coupe while Peveler talked with the
father and mother. Not only had
the car been newly simonized, but
its interior had been thoroughly

_ cleaned.

“There might have been blood-
stains on the cushions or floor-
boards,” Holmes conjectured, and
Rickles nodded in assent. They told
Freddie they would have to take
the machine to headquarters for an
inspection by laboratory techni-
cians, and they warned the young
man not to attempt to leave town.
. The Lardner youth most certainly
was a suspect in the slaying, the
three officers agreed after they de-
livered his coupe to the Birming-
ham city police lab.

“But there are plenty of. loose
ends to be gathered up before we
could ever hang the crime on him,”
Peveler pointed out. “In the first
place, if he had killed Mrs. Adkins

he’d have been smart enough, it”

seems to me, to have tried to pro-
vide himself with an alibi of some
kind for his time after leaving the
cafe. Then again, this killing does-
n’t seem to have been planned

her care-free life. The party ended in her death.

Enroute home, she said, they had
stopped at the cafe, where she
bought cigarettes. Connie had re-
mained in the machine while she
went inside, Mrs. Vaughn claimed.
At no time, the young wife con-
tinued, did she see Annie Adkins,
Mrs. Greenfield or Malcolm McDan-
iel.

She knew all the persons involv-
ed in the crime, with the exception
of Freddie Lardner.:As a matter of
fact a strange thread of relation-
ship bound together several per-
sons connected with the case.

Mrs. Vaughn herself was the
daughter of Jim Franklin and the
granddaughter of William Dens-
more, who had found Annie’s body
in the lake. Malcolm McDaniel was
her cousin, and lived in the Frank-
lin home.

Peveler wondered at the discrep-
ancy between Mrs. Vaughn's story
and that related earlier by Mrs.

Greenfield. Why would the latter’

tell anything but the truth about
the. events prior to the murder of
her friend? Of course she was not
implicated herself in any way in
the slaying.

“Where is Connie, back at his
still?” Peveler asked quickly.

The young wife was obviously
flustered, and that was the reac-
tion the deputy ‘sheriff had wanted.

Now perhaps he could find some
loophole in this story. ,
“I don’t know where he is,” Mrs.

’ Vaughn replied. “I don’t know any-

thing about a still.”

“McDaniél helps Connie make
moonshine, doesn’t he?” he depu-
ty went on, ignoring her protest of

ignorance about her husband’s il- = ©

licit liquor manufacture.

“He helps Connie, yes,” came the
answer. “But I don’t know what
they do.”

“You don’t know how your hus-
band makes his living?” Peveler
queried. “All right, skip that. Now

.tell me who you saw in the cafe

when you stopped by Saturday
night.”

She gave several names. Peveler
noted with satisfaction that they
were almost identical with those
supplied by Mrs. Greenfield and
Freddie Lardner as witnesses to the
quarrel between Annie Adkins and
the young man whom she struck
with the bottle.

“What time did you and Connie
get home Saturday night?” the of-
ficer asked next. |

“Around midnight.”

“Did Connie go out again?”

She hesitated before answering,
then nodded slowly. “He was gone
for about twenty minutes sometime
near two o'clock in the morning.
He told me he had to see a couple
of men on business.” A slow flush
mounted in her face as she real-

‘ized: she had virtually admitted

knowledge of Connie’s bootlegging
activities.

Peveler ceased his questioning of
the young woman, but suddenly
asked to see all the shoes her hus-
band owned.

She produced several pairs. The
officers examinéd each piece of
footgear but found none minus a
heel. While they were occupied with °
the shoes, Vaughn returned home.

He, too, denied having been with
Mrs. Adkins on Saturday night. “I
picked up my wife at her aunt’s in
Birmingham and we drove home,”
he declared.

“You did not see Mrs. Adkins at‘:

any time?” Peveler asked.

“Why, yes. Early in the evening.
I stopped by her house. Her folks
are almost like kin to me.I started .
kidding Annie about going on a
beer party Sunday afternoon, but
she said she couldn’t because she '
already had a date. I knew that
already, because I’d heard her tell
her sister she was going out with
a friend named Courtenay.”

AUGHN said he had not been

inside the cafe on Saturday
night, and he denied having been
with Malcolm McDaniel at any
time.

Young McDaniel was the last on
the list of suspects. He also denied
having been with Annie Adkins on
Saturday night, but did admit hav-
ing stopped at the cafe for a few
minutes. While there, he said, he’d
heard about the quarrel in which
Mrs. Adkins had slugged Freddie
Lardner with the bottle.

“And there’s your killer, if you
ask me,” McDaniel said.

In answer to questions, McDaniel
informed the investigators that he
had not seen Connie Vaughn on
Saturday night. He placed the time
of his arrival at about 10:30 P.M.,
and said he left the roadside place
perhaps fifteen minutes later.

“I came on out home,” he de-

(Continued on page 48)

SBAND

phone. Annie’s mother even tried to
get him to-let Connie off. But he
told us that we were only annoying
him.

A little before midnight I was
allowed to go up and see Connie for
the last time. Connie told me he
was going to send me his few be-
longings. Then the warden opened
the door and let me in. I looked up
and he gave me a sweet smile and
reached his hand to me... the
touch of his hand was the last thing
I knew. I fainted in the’ warden’s
‘arms and was carried down the hall.

When I had revived, Dr. Wyle
told me that Connie had sent him
down to ask me if the funeral ar-
rangements had been made. I told

him to tell Connie that everything.

had been made ready. I told some-
one to call the undertaker and they
sent the hearse down to take
Connie’s body. They told me after-
ward that Connie was the steadiest
man in the room: He walked with-

_ out help_into the.chamber. Before - -

he sat down in that awful chair, he
asked permission to shake the
hands of the witnesses. One man
fainted and another broke down
and cried as Connie shook hands
with them and murmured: “Glad to
have met you... . glad to have met
you... it’s been a privilege know-
ing you...”

Then when he sat down in the
chair, he asked permission to say

a few words to the reporters. There
wasn’t a dry eye in the room as
Connie announced: “I am dying an
innocent man! I don’t bear any
grudge against anybody for this
. . . but I want you to know that
you are killing an innocent man.
‘And I am leaving a wife and a boy

out there . . . a little boy who will’

be brought up an orphan like I
was ...my mother died when I
was seven years old.”

As they fastened the chin strap,
Connie said, “You're getting that
strap too tight, Captain Frank.” And
he watched curiously as they fast-
ened the electrodes to his legs and
as they adjusted the hand _ straps.
In a few minutes, while I clung
tensely to a guard rail in the death
house lobby, I saw reporters and
other witnesses walking slowly out

had mounted to sixty-two in less
than a year and twenty-two more
were scheduled for salpingectomies
when Spring came in 1937.

Then one day the miracle hap-

MURDER

CRIME CONFESSIONS

of the death chamber. I knew then
that Connie had gone... that I
was a widow!

My numbness left me in a terrible
-upsurge of feeling. I was a wild

thing ... and my despair knew
no bounds of human decency. I
screamed and flung myself at the
officers who were present.

“Let me go to him...” I shrieked._
“fe’s mine now... the state is
through with him... let me see
him before he grows cold . . . he’s
not suffering now .. . he’s beyond
all that... Oh God, look what
you’ve done tome... Look who is
suffering now!”

I raved on until the good Lord
was merciful enough to let me

‘ faint. Some hours later, on my way

home, I revived. Again I felt cold
all over. Again I was in the grip

of that terrible numbness. This
time the numbness didn’t leave me.

On Sunday, we buried Connie in
Mt. Olive cemetery. The papers
said there were 20,000 people at the
funeral. I don’t remember the de-
tails. That numbness is still with me.
I can’t seem to shake out of it.

I know now that the most terrible
thing that can ever happen to a
woman has happened to me. I will
never again be a human being . - -
I will never again have human emo-
tions . . . I will never again feel.
For my heart was buried with my
husband that day in the cemetery.
When the state took Connie’s life,
they took my heart... and left
me an automaton . .. who will ex-
ist only mechanically for the re-
maining years of her life...a
walking dead person!

LEAVE HOPE BEHIND

CONTINUED FROM PAGE 34

pened. At least, it was nothing less
than a miracle to scores of the girls
in that institution when on April
1, 1937, a new superintendent
walked through the doors of the.

VICTIM

}
5
i

administration building and took
charge. Every girl in the school
knew intuitively, after one glimpse
of Mrs. Blanche Peterson, the new
superintendent, that happier days
were in store for us.

We sensed it in her friendly sym-
pathetic smile, in her calm voice
and kindly brown eyes. Even be-
fore she gave a single order, we
knew that she was someone to be
trusted. She hadn’t been in charge
twenty-four hours before the word
was being whispered excitedly
through the halls that the mass

sterilization horror was at an end.

T= glad word came too late, of
course, to help the sixty-two who
had lost their hope of motherhood.
But we rejoiced with the twenty-
two who now would escape the
knife. It was like having a great
weight lifted from our shoulders
to have this dread banished so un-
expectedly. Smiles began to appear
on the faces of girls who almost had
forgotten how to smile. They be-
ean to take an interest in the future.

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In payment for revenge, this
man died in the electric chair.

of neighbors in the region unearth-
ed no one who had heard any un-
usual commotion during the past
few days or nights.

“She might have been killed away
from here,” Evans said. “Then the
killer could have brought the body
to the lake, all bundled up in this
wire, and heaved it in anywhere.
It was loaded down with rocks, but
apparently some of the stones slip-
ped out of the wire when. gases be-
gan to form in the corpse, and
then it floated to the surface.”

The gruesome remains were tak-
en to a mortuary in nearby Min-
eral Springs, and Deputy Peveler
telephoned his office in Birming-
ham, the seat of Jefferson County;
giving what facts he possessed on
the case.

Missing persons files there would
be checked promptly, he knew, for
all women with red hair. A report
on the murder would go out over
the state teletype system, and press
association wires soon would be
carrying the story of the crime to
distant points. Surely someone
would be looking for a red-haired
woman. . .

Identification of the victim was
easier than the officers: had dared
to hope. Later that afternoon, while
the deputies were awaiting the au-
topsy report, a white-faced young
man entered the undertaking es-
tablishment and introduced him-
self to Peveler as Willie J. Adkins,
who lived in the vicinity.

“I just heard about the woman
you found in the lake,’’ he said.
“If it’s true she’s got red hair, then
it could be my wife. She hasn’t
been home since Saturday.” ,

Deputy Peveler studied the young
man. “She’s got red hair, all right,
son,” he said, kindly. “Maybe you'd
better look at her. Mr. Holmes here
will take you In.”

It required but a moment for Ad-
kins to recognize his wife. “I knew
it—-I knew it,” he moaned. “I beg-
ged Annie to settle down, to make
a home for me, but but...”

His voice broke, and he stood
silent, shaking his head. Deputy
Holmes led him out of the autopsy
chamber.

EATED in the somber parlor of
the mortuary, Adkins told of his
life with—and his separation from
—his wife. She was 24, he said,
and had been married once before
he met her. Annie had a small son,
the offspring of her first marriage.
“She—well, Annie wasn’t really
wild, but she liked her good times,”
Adkins said. “Dancing and amuse-
ments. She didn’t like to keep
house. So we split up, and she went
back to live with her folks in Birm-
ingham.”

He said he saw his wife frequent-
ly. As a matter of fact, he had vis-
ited with her on Saturday after-
noon, when he repeated his plea for
her to return to him.

“She just laughed and told me
she wasn’t ready to settle down
yet. Said she was even going out
some place Saturday night.”

“Did she tell you where, or with
whom?” Deputy Peveler broke in.

Willie shook his head. “She nev-
er would tell me where she went,
or who took her. I know she dated
several fellows after we split, but I
don’t know any of their names.”

Adkins left. The officers soon had
a report from Coroner Evans upon
completion of the post mortem ex-
amination. Mrs. Adkins had been
dead when thrown into the lake.
She had been bludgeoned or kick-
ed savagely. And she had been shot

through the head, but the bullet.

had gone completely through the
skull, and thus was not recovered.
The condition of the wound was
such that the coroner could make
no guess as to its calibre.

Before storing away for future
reference the chicken wire with
which the dead woman had been
bound, the officers examined it
closely. It seemed rather new, and
measured eight feet in length. It
appeared to have been cut from a
standard roll of such netting as is
sold by hardware dealers for chick-
en coop construction. It was such
a@ common piece of merchandise,
the three deputies realized, that it
would be difficult, if not impossible,
ever to trace it.

“We've got to break the news

to the girls’ folks,” Deputy Peveler,

reminded his colleagues. “And we
might be able to find out from
them where she went Saturday
night.”

In‘ their Birmingham home the
victim’s parents were shocked al-
most beyond speech when word of
Annie’s fate was brought to them

“by the county officers.

“You’ve got to help us if you
can,” Peveler told the father. “With
whom did your daughter go out
Saturday night?”

“Mrs. Greenfield. Her first name’s
Lola. She’s George Greenfield’s wife.
She and Annie were good friends.
Annie left home around eight
o’clock, saying she was going to
meet Lola, but I don’t have any
idea where they were going. That
was the last we saw of our daugh-
ter.”

Peveler questioned the victim’s
.mother and father about Annie’s
life with Willie Adkins. The parents
admitted that their daughter was
greatly at fault in the disagreement
with her husband,

“Was Willie jealous of Annte’s
other friends?” Peveler wanted to

Red-haired Annie Adkins wasn't ready to settle down but
a vengeful killer robbed her of the life she loved so dearly.

know. - -

“I don’t suppose. he liked her
going around like she did,” came
the reply. “But Willie isn’t the jeal-
ous kind.”

“Do you think he could have kill-
ed his wife? Had he ever threaten-
ed her?” .

The dead woman’s father shook
his head slowly. “Not Willie,” he
said. “He wouldn’t harm a living
thing. He was always willing to take
eg back whenever she’d go to

m.”

Deputy Sheriff H. C. Peveler (left) and William Dens-

more, the man who found the body and called police.

It took but a short time for the
three investigators to find Lola
Greenfield. A trim, shapely, attrac-
tive young blonde, she readily ad-
mitted having been with Annie Ad-
kins on Saturday night. She had
not yet learned of Mrs. Adkins’ fate.

“Annie and I were downtown in
Birmingham,” she said. “We just
happened to meet a couple of fel-
lows and they asked us out to drink
a few glasses of beer. So we went.”

The two men were Malcolm Mc-
Daniel and Connie Vaughn. The of-

a ;

25


72

as he reeled about the corridor, try-
ing, apparently, to concentrate his
faculties. Weakly he raised his gun
again, this time pointing it at Pinson.

The chief warden threw himself at
the bandit in desperate effort to avoid
tne shot. But it was not necessary.
The shot never came. For with a final,
unintelligible muttering, Darrafou
crashed to the floor. He was dead
when the warden reached him.

As the crumpled body of Darrafou
was removed, Wesley Vincent col-
lapsed in a wailing, hysterical heap,
and he was removed to the prison
hospital and given opiates to quiet
his ravings.

“Dick was the est guy who ever
lived,” the semi-maddened Vincent
kept crying. “He had the nerve to
take the only way out.”

T HE excitement caused in Birming-
ham over the desperate attempt to
break the Jefferson County Jail, and
its tragic ending, did not die away for
days. Investigations to determine
how Darrafou and Vincent had
escaped from their cells and where
they obtained their small knives failed
to uncover the mystery, and Vincent
would not, or could not, tell.

“All I know is that Dick had the
knives, and somehow he got me out of
the cell,” was the young killer’s only
reply.

One result of the furore was the
order issued by Attorney General
Albert Carmichael of Alabama to the
effect that henceforth all persons con-
demned to die must be placed in
Kilby Prison, the state penitentiary
at Montgomery.

The intimate details of Darrafou’s
life were never learned. The body of

CRIME DETECTIVE

the desperado was held in the morgue
at Birmingham for several days, and
although his nearest relatives in Cali-
fornia were notified, the body never
was claimed. He was finally interred
in a donated plot.

In accordance with the ruling by
Attorney General Carmichael, the
youthful Wesley Vincent, still pale
and highly nervous, was transferred
to Kilby Prison at Montgomery,

Exactly one year from the day he
had slain brave Officer Harris, whose
memory still is revered in Birming-
ham, the verdict of guilty by the Jef-
ferson County Grand Jury, and the
sentence imposed by Judge Robert
Wheler were upheld by the Supreme
Court of the State of Alabama. This
was on January 30th, 1936, and the
bo of execution was set for March

th.

Vincent’s attorneys, still fighting
brilliantly for their unworthy client,
succeeded in gaining a stay, and once
more the hand of Fate was held mo-
tionless above Vincent’s head.

The legal battle waged through
April and May, but the date of June
12th finally was set. A desperate last-
minute appeal was made to the Su-
preme Court of the United States, but
that august body saw no reason to
interfere with the ruling of the Ala-
bama courts.

So Wesley Vincent, now twenty
years of age, was led to the electric
chair, just after midnight on the
morning of June 12th, 1936.

The youthful criminal, who had
been in a state of frenzy since hearing
that his last hope from the Supreme
Court had failed, was pale, but obvi-
ously trying to keep a grip on himself.

When asked for a final statement,

the youth cleared his throat with an
effort.

“This is a sorry ending for me,” he
admitted in a low voice. “As I've said
all along, I never intended shooting
that brave Officer Harris. I’m very
sorry for his widow and his children,
but being sorry doesn’t help them
much, I suppose. I served with the
United States Marines, as I related at
the trial. They are a fine body of
men, and I’m sorry I couldn’t have
been a greater credit to them. Al-
though I did not receive an honorable
discharge from the Marines, my life,
while I was with them, was a useful
one.

“I won’t mention my folks back in
the state of Washington, for I don’t
want them connected with me in any
way. I thought I’d have a lot of hot
fun in my crime career and come
through safely. I didn’t. Although
Richafd Darrafou was responsible for
my final end, I still hold great ad-
miration for him. He had many good
qualities. And you must admit he
was a brave, if foolhardy, man. I

cted him.”
he condemned youth lapsed into
silence.

The straps were adjusted, and a few
moments later Wesley Vincent had
paid in full for his tragic act on the
night of the President’s Ball.

‘Note: The name Mrs. Inzetta Fabb
used in this story is fictitious. The
woman who actually smuggled the
hack-saw blades into the Jefferson
County Jail is now on parole after
serving a portion of her sentence. She
is leading a life of hag, ee acma and
the editors of Crime Detective wish
to save her any embarrassment.

Lillian mandolin
teacher.

“I reprimanded her for her sloppy
playing,” Miss Standiford said, “and
she explained that she was a bit up-
set because she had a rather impor-
tant date with a young man.”

To her mandolin teacher, Helen
appeared to have been just as secre-
tive about her affairs as she was with
everyone else. Miss Standiford could
give no information about this par-
ticular friend or any of the others.

“I didn’t believe this case was go-
ing to be particularly hard to crack
after we found out who the girl was,”
Lally observed. “But now I’m be-
ginning to think it’s going to turn out
like most of that kind—they just look
easy. You’d certainly think that, out
of all those people, somebody would
know who the girl went with.”

Reardon nodded. “We might try
Strouss-Hirshberg again,” he sug-
gested. “I know we've talked to most
of the employees there. But you
know how people are; they don’t want
to get mixed up with the cops in any
way, but after they have had time to
think it over, they often feel it’s their
duty to tell what they know. It won't
hurt anything to try it once more.”

The suggestion proved a good one,

Standiford, her

f

I KILLED MY DEAREST HELEN

CONTINUED FROM PAGE 15

as it was on their second questioning
of one of the young women who
worked in the slain girl’s department
that the detectives learned for the
first time the name of one of Helen’s
“boy friends.”

“He’s Andrew Epperly,” the young
woman informed them. “He’s a me-
chanic. I was afraid to say anything
before, as I didn’t want to get him
into any trouble and—”

“Tell us everything you know about
him and about their relationship,”
Lally broke in sharply.

“Well, all I know is that he seemed
to be crazy about Helen, and.she told
me he wanted to elope with her.”

“Why didn’t she? Did she say she
wasn’t in love with him?”

“I don’t know whether she was or
not. She never said. But she found
out after she had been going with
him for a little while that he was a
married man, and she told him she
didn’t want to see him any more. He
kept after her and tried to get her to
go out with him again, but she
wouldn’t do it. And then —”.

“Then what?” .

The girl was very much confused.
Evidently she regretted her indica-
tion that she knew something else.
“I. ..I don’t... well, there was Mr.

Montrose, Mr. James Montrose. He’s
a buyer here. I know Helen had sev-
eral dates with him.”

Lally flashed a glance at Reardon.
Once the wedge had been inserted, the
case appeared to be opening up with
almost breath-taking speed.

“Anyone else in the store she went
with?” Lally asked.

“Yes,” came the now-not-unex-
pected answer, “Ralph Nutley. He’s
a clerk here. He’s a young man just
about her own age, around twenty-
one. The others are considerably
older.”

“Any more?” Lally asked grimly.

“No, that’s all I know about.”

HE detectives decided that, inas-
much as Nutley was the youngest
—and presumably the least sophisti-
cated—of the three men, it would be
best to interview him first. He was
an extremely frightened young man
when they took him to headquarters.
“T don’t know a thing about Helen’s
death—honest I don't!” he whispered
as he sat down facing the two officers.
“You went with her, didn’t you?”
“Why yes, we were... friends.”
“When was the last time you were
out with her?”
“On May thirtieth.”

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70

by way of Eleventh Street Road to
College Street Extension. When I
reached Gilbert Street, there was a
long freight passing. Rather than
wait in the car, I turned to the left
and drove to the center of the block,
and parked on the wrong side of the
street. I got out of the car and walked
home. When I got to Riverside Drive,
in front of the O’Brien home facing
the river, I took the money out of the
wallet and threw the wallet into the
river. I put the money—$57—in my

— pocket and went home and to

ed.

“The next morning I got up and
carried my pistol to the bathroom
with me. I took out the empty cart-
ridge and put it into my pocket and
cleaned my gun with a handkerchief
and pencil. then went upstairs and
put up the gun and stayed around
the house until about four in the after-
noon. I then went to Thames Drug
Company and drank a coke. On the
way I thumped the empty cartridge
into a vacant lot; but I watched where
it landed, and it wasn’t hid, so JI
figured it could be seen from the
street. After dark I picked it up
and dropped it into a nearby sewer
drain. I heard some water running
and thought it would be a _ good
‘place to drop it, but I heard it hit
something solid in the bottom and

CRIME DETECTIVE

knew that it had not hit the water.”

Police immediately located the
manhole and sent some of their men
down to locate the cartridge. They
removed the sediment and found the
empty cartridge about two inches
down. Police Chief Ross Dickey car-
ried the gun and the cartridge shell
to the State Laboratory in Austin,
and it was positively identified as
a been fired from Duncan’s pis-
tol.

N November 24, a second autopsy

was performed, at the Guardian
Undertaking Parlor, in Dallas, and
Dr. W. W. Anderson went up from
Kountze for the purpose. The second
autopsy, for reason of which the body
was exhumed, was to determine what
course the bullet took after being
fired.

A small bruise on the inside of
Cooper’s lips revealed thatthe bullet
went through the left side of the
mouth at a time when the mouth was
evidently open. It ranged up through
the roof of his mouth and came out
approximately one inch above and to
the rear of the right ear.

This autopsy established that Coop-
er died from a gunshot wound and
not from a blow. ‘Duncan’s pistol
handle had bloodstains because the
shipyard worker had smeared his

hands when he moved the body to get
to the wallet.

After the confession, Duncan was
taken to Hardin County, where, early
in January, an indictment for mur-
der was returned. He was held with-
out bail. During the latter part of
the month, he was tried in the Hard-
in County District Court.

The State’s attorneys asked for the
death penalty, but the three defense
attorneys asked that a verdict of not
guilty be returned on the grounds of
self-defense, and that Duncan be al-
lowed to return to the support of his
family. Probably the most effective
argument in his favor was the pres-
ence in the court room of his wife,
who was soon to give birth to their
sixth child.

After a deliberation of slightly more
than seven hours, the jury brought
in a verdict of guilty, with a sentence
of five years in the penitentiary. It
is stated that Duncan will not appeal
the case.

(Nore: In order to save embarrass-
ment to persons not actually in-
volved in the crime, the real names
of the persons denoted as Mr. and
Mrs. J. E. Erwin are not given here
and the names of Cooper’s girl com-
panions used here have also been
changed to names quite different from
their real ones.

TRAGEDY STALKS PRESIDENTS BALL

CONTINUED FROM PAGE 61

licenses, eh?” he shouted. “You mean
your licenses to kill.”

Clambering on the running boards
of the car, Haynes and Fox, with
pistols at the backs of the suspects,
ordered them to back up and then
drive slowly down the road to the
nearest telephone, where a call was
put in to the Birmingham police.

A squad of city police rushed to
the scene of the capture and in a
short time the handcuffed men were
at Birmingham Police Headquarters,
facing Chief of Police C. L. Mullins,
Detective Chief Giles and other high
ranking department officials.

Dozens of persons who had attended
the fatal dance at the Pickwick Club
were available to identify the two as
those who had scuffled with and shot
Officer Harris, but it was hardly nec-
essary. Both of the prisoners realized
their situation as hopeless, and talked
freely enough.

The older of the two was Richard
F. Darrafou of Stockton, California.
‘He was the one who had engaged
Officer Harris in combat. The other
prisoner, who appeared highly ner-
vous, was a 19-year-old youth. He
gave his name as Wesley Vincent, and
said he came from Spokane, Washing-
ton.

Darrafou, who acted as spokesman
for the duo, readily admitted their
guilt, and his only explanation of
the mad attempt to hold up a whole
ballroom was that he and Vincent
needed the money. He did not at-
tempt to deny that Vincent had fired
the shot that felled Harris, but
pleaded that it was an “accident”’—
that the youthful Vincent, being in-

ft

/

experienced with holdup “jobs,” had
became nervous and shot without in-
tent.

The police openly laughed at this
statement, pointing out to Darrafou
how eyewitnesses had described Vin-
cent’s cool movements and how he
had taken deliberate aim at the. back
of the struggling Harris.

Vincent admitted that it was he
who had shot Harris, but claimed
his excitement had gotten the better
of him, and that he never intended
to commit murder.

With the confessed slayers safely
locked in City Jail, the police con-
tinued their investigation, and the fol-
lowing morning brought to light the
fact that the attempt on the Pickwick
Club was not the only “business” en-
terprise essayed by the pair.

It was learned that the car they
were driving had been purchased in
Texas and that they had arrived in
Birmingham from that State several
days previously and had rented an
apartment in a fashionable, quiet
section of the city. On the day a
vious to their attempted holdup of the
President’s Ball merrymakers, the two
bandits had held up the office of the
Railroad Trainmen’s Brotherhood, es-
caping with more than $200 in bills.
Most of the money was found in the
wallets of the two stickup. men.

Meanwhile, members of the police
force and hundreds of his friends
were cheered to learn that Officer
F. J. Harris was well on his way to
recovery in St. Vincent’s Hospital,
where he had been rushed following
the shooting. :

A relapse came, however, six days

after the shooting, and from then on,
brave Officer Harris fought a losing
battle, with his wife, Verla, and his
two sons, Billy and Jack, at his side.
Although Dr. John L. Hillhouse, a
leading Birmingham physician and a
personal friend of Officer Harris,
fought valiantly, the wound in the
brave man’s lung failed to heal, and
on Friday, February 8th, F. J. Harris
breathed his last.

The city was appalled, and Radio
Station WSGN, which had been giv-
ing daily reports on Harris’s condition,
was besieged with telephoné calls.

The Jefferson County Grand Jury
was sitting as the news of Harris‘
death was announced, and that body
indicted the guilty pair with a charge
of murder within a few hours. ~

OLLOWING the death of Harris,

Darrafou, still grim-faced and un-
yielding, was placed in a cell at some
distance from the nervous and re-
morseful Vincent. The youthful killer
seemed to feel particularly the fact
that none of his relatives in the state
of Washington had gotten in touch
with him.

The trial, which started February
18th before Circuit Judge Robert J.
Wheeler, lasted only two days. Al-
though Darrafou and Vincent were
brilliantly defended by Attorneys K.
C. Edwards and Francis Hollifield, the
fate of the killers was sealed. Both
entered not guilty pleas, but the jury
speedily found them guilty of murder
in the first degree and they were

_ placed in the death house of the Jef-
ferson County Jail.

With their lawyers battling savage-

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ly to delay the execution the two
convicted men remained quietly
enough in their cells as the weeks
flew by. March passed, and it was
not until April was well advanced
that the city of Birmingham was
again reminded, in startling fashion,
tnat the killers of Officer Harris were
still very much alive.

Lie in the afternoon of April 25th,
4 Deputy John McFarland of the
Birmingham Police Department was
in the central hall of the Jefferson
County Jail, checking a long line of
visitors who had received permission

for brief conversations with the in- .

mates. Lounging against the wall of
the corridor, Deputy McFarland did
not appear to be very much interested
in the stream of people passing, but
in reality his keen glance was ap-
praising each and every one. Sudden-
ly his hand went out to place a
gentle yet firm restraint on the arm
of a passing woman. The woman,
a brunette of unusual attractiveness,
looked up in surprise.

“Forgive me, miss, but I’ll have to
ask you what you have in that brief-
case,’ McFarland said politely.

“Oh, this,” replied the woman,
raising a medium-sized tan leather
briefcase. ‘Well, it’s empty just now.
I had to deliver some papers down at
the courthouse. Now I’m just here
to see a friend, Jordan Kopcheck, one
of the prisoners.”

“We'll look at it anyway,” McFar-
land persisted.

The police official opened fhe leath-
er case and found what the woman
said was true. There were no ob-
jects or papers of any kind. On one
side of the briefcase, however, a
gaudy yellow sticker, advertising a
coming charity drive, had been pasted
on the unlined leather inside of the
case. The sticker was about 12 by 7
inches in size,

McFarland was about to hand the
case back when a sudden thought
struck him. Running his fingers across
the surface of the sticker, he felt a
long, thin object underneath. De-
spite the woman’s protests, he took a
penknife and ripped open the sticker.

Held by the restraining sticker were
two thin hack-saw blades!

[HE woman, who readily gave her
name as Mrs. Inzetta Fabb, a na-
tive of Dothan, Alabama, but now
residing in North Birmingham, at first
denied all knowledge of the blades,
expressing the greatest astonishment
that the blades had been found there.
She claimed that the briefcase had
been found by her several weeks ago.
However, when it was speedily dis-
covered that no such person as Jor-
dan Kopcheck was listed among the
prisoners, she broke down.

“Richard Darrafou paid me some
money to bring these blades to him,”
she confessed. She would not, how-
ever, tell how the condemned man
had gotten in touch with her or how
the money was transferred.

Mrs. Fabb, who was estranged from
her husband, a workman on a T. V.A.
dam project at Chattanooga, Tennes-
see, was lodged in the jail. She entered
a plea of guilty when placed on trial
June 12th, and was speedily sentenced
to serve from five to seven years in
Kilby Prison. Darrafou denied know-
ing this woman, and she went to
prison with the secret of her connec-
tion with the condemned prisoner
still locked in her breast. Recently
she was released on parole.

CRIME DETECTIVE

But the citizens and police of Birm-
ingham were not finished with Rich-
ara Darratou yet, for on Sunday,
July “th, this hard-bitten and defiant
criminal staged one of the most sen-
sational ana dramatic one-man jail-
break attempts on record in Ameri-
can criminal history.

Assistant Warden J. D. Russum was
the first to run afoul of the desperate
gunman. Heading a group of men de-
tailed to clean the cell blocks, Rus-
sum had just unlocked the doors of
a cell block and let the cleaning crew
in when he was suddenly seized by
Varrafou and Vincent.

The prisoners, who in some yet
unexplained manner had_ escaped
from their respective cells, were
brandishing long pocket knives. The
door of the cell block had clanged
shut, but Darrafou, seizing Russum
by the throat and waving the knife
menacingly in front of him, demanded
that the door be opened. The crimi-
nal knew that Russum had the com-
bination, for in such modern jails as
that of Birmingham’s, keys of the old’
fashioned prison kind, were obsolete
for doors connecting sections.

“Turn that combination or I’ll slit
your throat like a stuck pig!” Dar-
rafou snarled.

Russum realized he was in a tight
spot, for the cleaning crew, thorough-
ly frightened, cowered back in the
cell block. Despite his danger, Rus-
sum remained cool. Playing for time,
he fiddled with the combination, ut-
tering little grunts of exasperation, as
if the failure of the combination an-

noyed him.
“Listen, Russum—no more of that
nonsense!” Darrafou yelled. “You

open that door in the next three sec-
onds, or you’re a corpse!”’

Realizing that there was nothing
further he could do, for the menace
in Darrafou’s voice was unmistakable,
Russum turned the correct combina-
tion.

Darrafou then thrust Russum into a
cell and slammed the door, while Vin-
cent herded the colored cleaning crew
together, and slammed a door on
them.

Brandishing his knife as he raced
down the corridor with the faithful
Wesley Vincent at his side, Darrafou
alternately shook his fist and cursed
wildly at the excited prisoners, who
set up a terrific clamor. Pausing be-
fore the cells occupied by two prison
acquaintances. Darrafou panted:

“How about it boys? Want to get
in on this break? I’ve got a key that
will open the cell. I took it from
Russum.”

Although the two addressed were
hardened criminals, both declined to
take a chance, assuring the escaping
convicts that it was madness to think
they could win their way clear.

Cursing them as chicken-hearted,
Darrafou ran on, with Vincent at his
heels,

The jailbreakers then dashed down
a flight of steps leading to the prison
kitchen, bursting in upon W. H.
Whited, prison dietician, who was cut-
ting a side of meat With a long, ex-
tremely sharp butcher knife. Darra-
fou rushed on Whited so suddenly that
the latter was taken completely by
surprise. The desperate criminal seized
the knife and, holding it as if to slash
the dietician’s throat, backed the
startled Whited behind a table.

A colored cook, Charles Marks, was
in an adjoinirig pantry when the es-
caping pair assaulted Whited, and he
slipped away unnoticed and dashed

7)

madly to the office of Inside Warden
Benjamin Ingram.

Hysterically the cook babbled out
his tale of what was happening in
the kitchen.

HIEF WARDEN JIM PINSON,
who was in Ingram’s office at the
time, reached for a gun in the drawer
of a desk, and Ingram did the same.
Pinson picked up the telephone on
the desk and shouted an alarm, and
then he and Ingram, followed by two
trusties, made for the kitchen.
As they approached the kitchen,
however, Darrafou and Vincent leaped
from behind a corner where they had

-been hiding, and Darrafou wrested

the gun from Pinson’s hand, while
Ingram’s weapon was knocked from
his grasp with a well-directed kick
by Vincent.

Darrafou waved the gun menacing-
ly before the two prison officials and
the trusties. His eyes glinted bale-
fully and his thin lips were set in
a narrow line of hate.

“Now, Pinson, you listen to me,” he
snarled, “I’m going to walk right
out of this prison—behind you. My
gun is going to be right in the small
of your back, and if you utter one
word, outside of telling everybody we
meet to let us pass, you are going to
get it. Maybe my bullet won't kill
you, but you won’t feel so pretty with
al back for the rest of your
ife.”

“So that’s it, eh?” Pinson retorted.
“Listen, Darrafou, you fool! You
can’t get away with it. If you get
out of the prison, which I doubt,
you'll be hunted down like a dog.
Why not be sensible and stop this mad
attempt, right now?”

“Get going, Warden,” Darrafou
cried. “Remember, to everyone we
meet, you tell ‘em to let us pass,
because you'll be a dead duck or a
cripple if you don’t.”

At that moment bells began to
clang all over the prison, and the
piercing notes of the prison whistle
filled the air.

“It’s too late, Darrafou,” the warden
warned. “The whole city is aroused.
re be curtains for you if you try
this.”

The clanging bells grew in inten-
sity, and down the corridor the rush
of racing feet could be heard. Shouts
of prison guards filled the air.

The effect of this turmoil on Dar-
rafou was remarkable. His mouth
grew taut and a look of haunted fear
played over his face. He wheeled
suddenly on Vincent.

“You want to go out this way, kid?”
he cried, leveling the gun at his
younger companion.

Vincent shouted in dismay and
rushed behind a table for protection.

Darrafou glanced at the quaking
youth.

“Poor kid,” he said slowly. “I got
him in plenty of trouble, and now
he’ll surely get the hot seat. It’s my
fault.” =

Suddenly, before the startled war-
dens could act, Darrafou placed the
gun near his neck and fired. His arm
wavered for a fraction of a second be-
fore the pistol discharged, and the
bullet crashed into his upper breast.

The impact sent Darrafou spinning.
but he struggled to keep his feet.
Reeling badly, he gathered his fading
strength and again pointed the gun at
his body. The weapon spat, sending
a bullet into the bandit’s neck. With
the blood gushing from the wound,
Darrafou presented a horrifying sight

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JUDGE R. J. WHEELER——

The sentence of death he imposed on a
youthful murderer was upheld by the
Supreme Court of the State of

after the disappearing figures, others ran to Harris’
assistance. They found the officer bleeding profusely
from a deep wound in his back.

Harris was lifted tenderly and a few minutes later
was placed in an ambulance that sped to the city
hospital.

Within a short time, Chief of Police C. L. Mullins,
Chief of Detectives G. C. Giles and other high ranking
officers. of the Birmingham Police Department were
on the scene, and some semblance of order was created
as the officials endeavored to question the semi-
hysterical onlookers.

Sam Wade. a ticket taker at the ball, was able to
furnish the best description of the gunmen. Wade
said that both were young, the eldest perhaps twenty-
four, the younger under twenty. Both wore expensive,
light-colored topcoats, and the soft felt hats of both
were lightish gray in color.

A radio call, over the Birmingham Police Depart-
ment’s short-wave system, was immediately flashed to
all officers on duty. Several pursuers of the escaping
pair had been unable to catch the fugitives, but the
consensus was that the gunmen had been seen climbing
into an automobile. Police patrols in cars were there-
fore especially warned to watch all highway exits
from the city.

On their lonely patrol in a police car, W. O. Haynes
and Raymond Fox of the police force of suburban
Homewood, heard the radio appeal at 11:35 p.m.
Acting on a hunch that the escaping gunmen probably
would attempt to make good their getaway on the
turnpike leading southward to Montgomery, they sped
to the main highway.

Their hunch was a good one. Near the little town
of Homewood, they saw, far up the road, the gleam-
ing headlights of a car traveling at breakneck speed.
With the nose of their patrol car facing in the same
direction as the speeding car was headed, they waited,
at the side of the road.

Brighter and brighter grew the lights of the rapidly
approaching ‘car, and the drumming roar of its racing
motor beat against the silence of the night. The car
was traveling at terrific speed, and Fox, at the wheel
of the police car, gritted his teeth. It was going to

PI PRR gE hee

CHIEF WARDEN——
Jim Pinson, who bluffed killer who had
him at his mercy, holds gun near the
drawer from which Darrafou took it.

take considerable skill to force this racing juggernaut
to a halt.

With the oncoming car some 2,000 feet away, Officer
Fox slipped the police machine into gear and roared
diagonally across the highway and, picking up speed
fast, maneuvered his car in just ahead of the car
containing the suspected gunmen.

Racing side by side, the police vehicle edged the
other against the side of the road. There was a wild
screech of brakes, the fenders of both machines crashed
together and the cars came to a grinding halt.

GGUNS in hand, Officers Haynes and Fox covered the
two occupants of the car. “What's the big idea?”

.growled the driver of the halted car. “Have the cops

of Alabama gone in for holdups?”

“And what’s the idea of a driver with a Texas license
doing seventy miles or better on Alabama’s highways?”
Fox retorted, as he slanted his flashlight on the license
plate, which bore the imprint of the state of Texas.

“Oh, so that’s it,” said the man on the right of the
driver. ‘Well, I guess you've got us there, officer. Want
to see my license?” His hand streaked toward the
compartment in the instrument dashboard before him.

Quick as was his movement, Haynes, who stood on
that side of the car, was quicker. Haynes’ big fingers
closed on the arm of the car occupant.

“Just a moment, my speedy friend,” he drawled.
“T’ll look in that compartment myself. Fox, hold a
gun on these two.”

Haynes wrenched open the door of the instrument
panel and sent the beam of his flashlight into its
interior. Within the receptacle were three automatic
pistols, all fully loaded.

“So those things are your (Continued on page 70)

61

y)

nents

-s

WALKER, Jim, Jr., black, 16, hanged Bhymingham, AL 3/9/1906...

JEFFERSON COUNTY DEPARTMENT OF HEALTH
BUREAU OF HEALTH STATISTICS AND VITAL RECORDS

Birmingham, Alabama

Approx. March 1906

CERTIFICATE OF DEATH meee
STATE OF ALABAMA 1568 BH 1906
1. Place of Death 2. Usual Residence (Where deceased lived. If institution: Residence before
‘a. County admission)
Jefferson aStae Alabama b.Couny Jefferson
b. City, Town or Location , ¢. City, Town, or Location
Birmingham Birmingham
d. Name of Hospital, Institution or Street Address d. Street Address
Ward 5-4 Ave. 21 St. Ward 5-4 Ave. 21 St.
3. Name of First Middle Last 4. Date Month Day Year
Deceased 7 of
(Type or print) Jim Walker Death March os 1906
5. Sex 6. Color or Race 7. Married a. neve (3 ile O 8. Date of Birth 9. feet marten) If Under 1 Yr. If Under 24 Hrs
: Widowed ingle ast birthday Months | Days | Hours Min.
Male Negro Not Shown ivercedO Not Shown 16
10. Usual Occupation (Give kind of Work done during most of working life) 11. Birthplace (State or foreign Country)
Not Shown Alabama
}| 12. Father’s Name 13. Father's Birthplace 14. Name of Surviving Spouse
Not Shown Not Shown Not Shown
15. Mother’s Name 16. Mother’s Birthplace 17. Informant’s Name
Not Shown Not Shown Not Shown
18. Cause of Death: : Interval Between
Onset and Death
Legal Hanging
19. Physician or Coroner (Degree or Title) 20a. Burial, Cremation 20b. Date 20c. Name of Cemetery or Crematory
Removal (Specify)
W.P. McAdory Burial Not Shown Red Mtn.
21. Funeral Director 22. Date Received By Local Registrar
INot Shown

Alabama, 1977.

This is to certify that the above is a true and correct abstract of information
contained in the death certificate as permanently recorded in the Bureau of Health
Statistics and Vital Records, Jefferson County Department of Health, Birming-
ham, Alabama and is issue e provisions of Title 22-9 , State Code of

iL4

Registrar of Vital Statistics 7_October 8, 199]

, Authorized Bureau Clerk

Date of Issue

Seal of Health Officer
Jefferson County, Alabama

IMPORTANT—This certificate void (a) without the embossed seal of the Health Officer of Jefferson County,

evidence of erasures

JCDH-HSVR 050-S 10/85

or alterations.

Alabama, (b) if it contair


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Earnest Cornell Walker ‘ Page 2

He stated that he had almost been turned up in the past, that
several of the women called the police but somehow or other he was not
apprehended. When questioned as to how he would feel if someone were
to rape. his mother, he said he wouldn't like it. ‘hen questioned about
rape itself, again, he says it just isn't yqu it is something that gets
in your mind.

After he raped Mrs. Burgett he stayed in the woods living on
some stolen money, about $5.00. He changed clothes there in the building
and left his old glothes on the safa. He goes into some detail as to how

he carried out this affair, as far as locking the husband up in the closet,
etc. ;

He has two brothers younger, three sisters,:he is the oldest child
of the family. His mother and father were separated when he was 10 months
old. He lives with his mother and stepfather. His mother married shortly
after her separation. He says that his stepfather isalright.

His first sexual relations were when he was in elementary school.
He saw homosexuals in the penitentiary but hadenothing to do with them. He
thinks he is a little different from some people because he has the urge
to rape, though when questioned about this previously he said he wasn't.
He volunteers that he is a "sexy maniac". When asked to define that he
said "one who likes to prowl and kill". He says that in the magazines he
has read most all of the sex maniacs commit murder as well as rape. He
had tried to commit murder and just. couldn't bring himself to do it. He
says he was never expelled from school, that he made fairly good grades
though he did fail twice in the ninth grade. His mother thought he was
a good boy as well as his friends and the teachers.

When questioned about how he got to Chillecothe he said he wanted
some money, stayed out late with some c mpanions of his, broke into a box
car and was caught two or three days later.

He says that he went with groups of his own age, never been
particularly seclusive. He doesntt give the idea that he has been mis--
treated. He has no delusions or hallucinations.

Before this happened he sang in the choir, was a junior deacon
in the church. He used to be an - usher in the church.

He has not heard any voices, has not felt under any unusual
influences.

He states that his mother is a private Practical Nurse, that
she was at home when he was quite young, she didn't start to work until
he started to school. :

He doesn't think there is anything wrong with his mind. He has
raped four women after leaving the penitentiary.


Rarnest Cornell Valker

He has not been particularly sick during any part of his life,
hasn't had any venereal disease. He did have pneumonia once.

Neurologic examination is essentially negative. Pupils equal,
react’ to light and accommodation. Opthalmoscopic examination negative.
Biceps, triceps and knee jerks equal and active. Romberg negative. Gait
negative. No tremors. He has not been sleeping as well since being in
the jail as he did prior to that time.

IMPRESSIONS ¢

We do not find the subject to be psychotic or insane. He has
had no break with reality, expresses no delusions, is not hallucinated.
He understands right from wrong and is mentally competent, and was, in
our opinion, mentally competent at the time of the crime.

Z ty { fat ee , {fo
gs eID 1 | Ah oe.

Wilmot S% Littlejohn


LDERLY WILLIAM DENS-

4 MORE grumbled philosophi-
cally to himself as he shuffled
down the gravel roadway from his
house to Bain’s Lake near the vil-
lage of Mineral Springs, Alabama.

“Those women,” he complained.
“Always finding extra things for
a man to do.”

It was true his wife had failed
to come home the night before,
but Densmore was certain she had
merely visited at her sister’s later
than she intended, and then had
remained overnight because she
was afraid after dark to pick her
way alone along the levee at the
end of the lake.

The early morning September
air was invigorating. The 65-year-
old man sniffled the fragrance of
the pines, and cast a weather-wary
eye upward to the sky. It was
going to be hot, and he would not
get back home before the scorch-
ing sun was high in the heavens.

“Those women,” he repeated,
setting foot upon the earth-and-
concrete dam that held back the
murky waters of the lake. He
paused for an instant, looking
back at the one-story clapboard
and log cabin of his daughter, half
hoping he would catch a glimpse
of his wife around the yard, thus
saving him the walk across the
levee and the long, tiresome plod-
ding up the hill on the far side.

But there was no one in view
around the little home he had left
only a quarter of an hour before.
Densmore started -across the:dam.

He had gone scarcely fifty yards
before he came upon the grisly
object in the water. It was the
body of a woman, encased in wire

14

wt

netting and floating face down in
the lake.

A fear flashed through his brain.
Could this be his missing wife? Not for
anything would he have attempted to
touch the bloated corpse, but he forced
himself to stoop and examine it as
closely as he could.

Densmore glimpsed a wealth of dark
red hair bound by the macabre shroud
of wire crowning the dead woman's
head. His aged wife was no redhead,
but even if it had been she there in
the water, Densmore’s feet could have
carried him no faster on across the dam,
up the slope and to his nearest neighbor
with a telephone.

Half an hour later Deputies H.’C.
Peveler, Henry Holmes and Dewey
Rickles were at the lakeside, where al-
ready a goodly crowd of residents of
the rural area had collected.

Densmore had efficiently obeyed his
instructions, given over the phone from
the office of Sheriff Fred McDuff. No
one had even approached the corpse.
For once, at least, the officers realized
gratefully, no curious spectators had
disturbed the scene of a crime before
trained investigators arrived.

Here, however, there was nothing to

disturb except the body itself. The wom- .

an could have been hurled into the
lake—and the wire net which bound the
figure precluded any possibility of her
having jumped or fallen in herself—
at any point upstream, since the slug-
gish current moving toward the dam
would in time have carried her down.

It was obvious she had been im-_

mersed: for several days, since the body
was bloated, and already was beginning
to blacken in the sun. The deputies
fished’ the corpse out of the water and
carried it into the shade of a big pine.
Corcner Evans arrived a few minutes
later and began his preliminary exam-
ination of the murder victim.

‘She was a young woman, he reported,
and had been a pretty girl. Evans point-

‘Above photo shows the bloated body of Ann
chicken wire and weighted with rocks, as found in Bain's Lake.

¥ . + 4

—

ed to a ragged laceration of the right
temple.

“Looks like she took an awful beat-
ing,” he said. “Might even be a bullet
wound, I can't tell that now. We'll do
a.pest mortem to see whether she was
dead before she was thrown into the
water or if she drowned.”

The coroner, aided by Deputies Rick-
Ics and Holmes, began unwinding the
wire netting from the decomposed body.
Meanwhile, Deputy Peveler was talking
with Willian Densmore, getting his com-
plete story of the discovery of the
corpse. . —

Densmore told of his wife’s failure
to return from the previous night’s visit
at her sister's home, “My daughter—
she’s Jim Franklin’s wife, and they live
in the abin up yonder—had one of
her dreams,” the elderly man related.
“She claimed she saw a body in the
lake, and she nigh drove me mad until
I allowed to go over and find her ma.
I set out, come across the dam, and
there it was, right before my eyes, a-
floatin’ lazy-like in the water.”

Mrs. Beryl Franklin, Densmore’s
daughter, stood by listening as her parent

talked. She had found her mother alive .

and well at the aunt’s house. Now she
told of her strange dream.

“Whenever I see things like that,”-

she said, “something dreadful is bound’
to happen. Why, sheriff, I could vision
that body plain as if I’d walked down
here along the lake myself.”

A SHOUT from’ the coroner drew
Deputy Peveler back to the knot
of men gathered in the shade of the
towering pine. As they had unrolled the
wire several large rocks had dropped
from it. .

“She was weighted down in the lake,”
Evans said. “I figure she was in the
water abcut four days. Let’s see—this
is the ninth, Wednesday. She was put

in the lake maybe Saturday or Sun-

day.”
‘Deputy Holmes was just finishing the

Biwi Lier bot

Cot 1949S

ie Adkins, bound with

7

ticklish task of removing the wire from
the body. As he pulled it away a
peculiarly shaped object fell. from a-
fold in the dark dress the victim wore.

Holmes picked it up,, studying the
strange shape. It was a well-worn rub-
ber heel from a man’s shoe.

“This is luck,” the officer exulted,
showing the find to the others. “Looks
like our killér left us something to re-
member him by.”

Peveler reached for the heel and ex-
amined it closely. The manufacturer’s
trademark had been obliterated by wear.
“It isn’t worth much,” the deputy point-
ed out, “until we catch some fellow
wearing a right shoe without a heel. And .
I don’t reckon the man who murdered
this girl is going to wear that shoe ‘in
public for some time to come.”

The fifty-odd persons at the scene
filed by the corpse but none recognized
it. Further questioning of neighbors in
the region unearthed no one who had
heard any unusual commotion during
the past few days or nights.

“She might have been killed away
from here,” Evans said. “Then the killer
could have brought the body to the
lake, all bundled up in this wire, and
heaved it in anywhere. It ‘was loaded
down with rocks, but apparently some
of the stones slipped. out of ‘the wire
when gases began to form in the corpse,
and then it floated to the surface.”

The gruesome remains were taken to

.a mortuary in nearby Mineral Springs,

and -Deputy Peveler telephoned his of-
fice in Birmingham, the seat of Jefferson
County; giving what facts-he possessed
on the case. : :
Missing persons files there would be _
checked promptly, he knew, for all
women with red hair. A report on the
‘murder would go out over the state
teletype system, .and press association ~
wires soon would be carrying the story -

of the crime to distant points. Surely . ©

soméone would be looking for a red-
haired woman .. .
Identification of the victim was easier


DO

ah,

notes. “Did this Freddie Lardner stay
at the place after the spat with Mrs,
Adkins?” he wanted to know,

“For a little while. He went out
about fiftcen minutes before Malcolm
and Annie left.”

“Now tell me,” the deputy pressed.
“had Mrs. Adkins had trouble with
anyone recently, With anybody, that is,
except young Lardner?”

Lola Greenfield studied for a mo-
ment. “No,” she replied at last. “Annie
got along with most everybody. Live
and let live—that was the way she be-
lieved things should work out. She even
felt bad when she had to go to court
to testify against Connie Vaughn when
he got arrested in that automobile af-
fair last spring.”

Mrs. Greenfield's story had given the
sheriff's men three possible suspects in
the case. However, they could see no
motive either Connie Vaughn or Mal-
colm McDaniel might have had for the
murder. They decided that young Fred-
die Lardner, because’ of the quarrel,
loomed as the most likely suspect of
the three.

EPUTY RICKLES knew the youth

from having seen him upon sev-
eral occasions in roadhouses in the
vicinity of Birmingham, Rickles de-
scribed young Lardner as a handsome,
quick-tempered boy who usually had
plenty of money and seemed to enjoy
spending it on pretty girls.

The three investigators drove to
Lardner’s home. They found him tinker-
ing with the motor of his car. a freshly
polished, tight coupe.

Lardner paled as they began ques-
tioning him about his trouble with. Mrs.
Adkins at the roadside cafe on Satur-
day night. He had read of the redhead's
murder in the afternoon papers.

He admitted having aroused Annie
Adkins’ anger by a quip which he said
he intended as a harmless joke. “She
had no call to slap me,” the young man
contended. “I guess I kind of lost my
head and drew back my fist. I didn’t
mean to hit her. but she must have
thought I was going to.” He grinned
ruefully and rubbed a lump on the top
of’ his head. “Man, she came up with
that bottle faster’n a streak of greased
lightning.”

“You left the cafe a little before Mrs.
Adkins and McDaniel went out.” Dep-

22

uty Peveler said. “Where did you go?”

“I came straight on home.”

However, this statement was entirely
unsupported, for his parents said they
had been asleep when Freddie got in,
and ‘his entrance had not awakened
them.

Deputies Rickles and Holmes were
examining young Lardner’s coupe while
Peveler talked with the father and
mother. Not only had the car been
newly simonized, but its interior had
been thoroughly cleaned.

“There might have been bloodstains
on the cushions or floorboards,” Holmes
conjectured, and Rickles nodded in as-
sent. They told Freddie they would have
to take the machine to headquarters
for an inspection by laboratory techni-
cians, and they warned the young man
not to attempt to leave town.

The Lardner youth most certainly was

a suspect in the slaying, the three of-|

ficers agreed after they deliverd his
ccupe to the Birmingham city police
lab.

“But there are plenty of loose ends
to be gathered up before we could ever
hang the crime on him,” Peveler point-
ed out. “In the first place, if he had
killed Mrs. Adkins he d have been smart
enough, it seems to me, to have tried
to provide himself with an alibi of some
kind for his time after leaving the cafe.
Then again, this killing doesn’t seem to
have been planned ahead of time. It
looks like the result of a sudden flareup.
So whoever did the job probably is in
the habit of carrying a gun—which
Freddie's folks say he is not. And who-
ever killed Mrs. Adkins also must have
had immediate access to that chicken
wire, The Lardners are city people, and
they don’t keep chickens.”

His colleagues saw the logic in Pev-
eler’s summation of the points in Fred-
die’s favor,

Peveler, Rickles and Holmes drove
back to the Mineral Springs region and
to the home of big, blond Connie
Vaughn. He was not there, but the
officers talked with his pretty young

‘wife, whom they found in the back

yard playing with her two-year-old son.

MES: VAUGHN surprised the depu-
i ties by contradicting -the story
tcld by Lola Greenfield. She insisted her
husband had been with her on Saturday
night, saying Connie had picked her up in

their car in Birmingham at about ten
o'clock,

Enroute home, she said, they had
stopped at the cafe, where she bought

cigarettes. Connie had remained in the_

machine while she went inside, Mrs.
Vaughn claimed. At no time, the young
wife continued, did she see Annie Ad-
kins, Mrs, Greenfield or Malcolm Mc-
Daniel.

She knew all the persons involved in

the crime, with the exception of Freddie
Lardner. As a matter of fact a strange
thread of relationship -bound together
several persons connected with the case,

Mrs, Vaughn herself was the daughter

of Jim Franklin and the granddaughter

of William Densmore, who had found
Annie’s body in the lake. Malcolm Mc-
Daniel was her cousin, and lived in the
Franklin home.

Peveler wondered at the discrepancy’

between Mrs, Vaughn’s story and that
related earlier by Mrs. Greenfield. Why
would the latter tell anything but the
truth about the events prior to the
murder of her friend? Of course she was
not implicated herself in any way in
the slaying.

“Where is Connie, back at his still?”
Peveler asked quickly.

young wife was obviously fluster-

ed, and that was the reaction the deputy
sheriff had wanted. Now perhaps he
cculd find some loophole in her story.

“I don’t know where he is,” Mrs
Vaughn replied, “I don't know anything
about a still.”

“McDaniel helps: Connie ‘make moon-

shine, doesn’t he?” the deputy went on, _

igncring her protest of ignorance about
her husband’s illicit liquor manufacturing.

“He helps Connie, yes,” came the:

answer, “But I don’t know what they
do.”

“You don’t know how your husband
makes his living?”
“All right, skip that. Now tell me who
you saw in the cafe when you stopped
by Saturday night.” ;

She gave several names. Peveler noted
with satisfaction that they were almost
identical with those supplied by Mrs.
Greenfield and Freddie Lardner as wit-
nesses to the quarrel between Annie
Adkins and the: young man whom she
struck with the bottle.

“What time did you and Connie get
home Saturday night?” the officer asked
next. .

Peveler queried.

“Around midnight.” ;

“Did Connie go out’ again?”

She hesitated before answering, then
nodded slowly. “He was gone for about
twenty minutes sometime near two
o'clock in the morning. He told me he
had to see a couple of men on busi-
ness.” A slow flush mounted in her face
as she realized she had virtually. admitted
knowledge of Connie’s bootlegging ac-
tivities, \

Peveler ceased his questioning of the
young woman, but suddenly asked to see
all the shoes her husband owned.

She produced several pairs. The of-
ficers examined each piece of footgear
but found none minus a heel. While they
were occupied with the shoes, Vaughn
returned home.

He, tvo, denied having been with
Mrs. ‘Adkins on Saturday night. “I
picked up my wife at her aunt’s in
Birmingham and we drove home,” he
declared.

“You did not see Mrs. Adkins at
any time?” Peveler asked.

“Why, yes. Early in the evening. I
stopped by her house. Her folks are
almost like kin to me. I started kidding
Annie about going on a beer party
Sunday afternoon, but she said she
couldn’t because she already had a date.
I knew that already, because I'd heard
her tell her sister she was going out with
a friend named Courtenay.”

AUGHN said he had not been in-

side the cafe on Saturday night,
and he denied having been with Mal-
colm McDaniel at any time.

Young McDaniel was the last on the
list of suspects. He also denied having
been with Annie Adkins on Saturday
night, but did admit having stopped at
the cafe for a few minutes. While there,
he said, he’d heard about the quarrel
in which Mrs, Adkins had slugged Fred-

‘ die Lardner with the bottle.

“And there’s your killer, if you ask
me,” McDaniel said. ,

In answer to questions, McDaniel
informed the investigators that he had
not seen Connie Vaughn on Saturday
night. He placed the time of his ar-
rival at about 10:30 P.M., and said he
left the roadside place perhaps fifteen
minutes later, :

‘I came on out home,” he declared,
but had to confess that neither his aunt
nor his uncle—Mr. and Mrs. Franklin,
well known and respected citizens of
the town—could substantiate the time
of his arrival at their place,

One phase of their probe completely
puzzled the three officers as they return-

og weenie
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vet ov canes rs .

had to die in the electric chair.


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ed our flash-

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t I didn’t get
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anybody else.

elp him get rid
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n the face. =
ve she was dea
Fe of the damm jane

threw her in.”
“Where did you Bo then?” T asked.
“To Connie’s house,” he replied.

ing’ a run,”

“After nothing happened for three days
you and Connie felt pretty sure you had
it and nobody would

gotten away with
ever find the body, didn’t you?” T asked.
There was no reply.

With that over, we headed back to the
courthouse to confront Vaughan with Mc-

-Daniel’s confession and accusation,
Vaughan looked as

his accuser,

After the first outbreak and string of
oaths, he ignored McDaniel in disdain, as
aman unfit to be associated with in any

way whatsoever.

It was interesting to watch him and ob-
serve his utter scorn, but as we had felt
fairly well certain he would, he stuck to
his denial of any part in the crime.

“It’s a frame up and you all know it,” he
declared, his eyes flashing defiantly, “|
can prove I wasn’t there and I’m going to.
You can’t pin this on me.”

IS face was white with anger, his

body trembling, I shuddered to think
what he would have done with the smaller
McDaniel had he been able to get his hands
on him,

We placed the men in separate cells, of
course,

Our next move was to free Adkins. We
had already told Mrs. McCutcheon she
need not remain any longer.

The tragedy of finding his wife the vic-
tim of such a fiendish murder showed
plainly on his face. There was an attempt
at a smile as he said simply, “Thanks,”
when we pave him his freedom and told
him of MeDaniel’s confession and impli-
cation of Vaughan.

“If L can be of any help to you, don't
hesitate to let me know,” he said in low
tones as he left.

“Mark ‘up another tragedy against the
depression,” L said half aloud after Adkins
left. “If he hadn't been without work he
and his wife never would have been sep-
arated through necessity and this murder
never would have occurred.”

Just nine days after Mrs. Adkins’ body
was found in the murky waters of Baggs
Mill-pond, Vaughan and McDaniel were
bound over to the Jefferson County Grand
Jury.

At the preliminary hearing before Judge

- B. Abernethy, J, T. Jones, the Brook-
side merchant, testified he sold two-inch
mesh wire to Vaughan. Deputy Coroner
Parrish testified the wire taken from Mrs,
Adkins’ body was two-inch mesh and nine
feet in length,

Several witnesses, including Llewellyn
Johns, undertaker, were called to the stand,
Johns testified Mrs, Adkins had suffered a
crushed skull and had been shot in the
back,

James Esdale, attorney for Vaughan,
did not place Vaughan on the stand. Both
Vaughan and McDaniel were bound over

_ to the action of the Grand Jury.

“Then
we picked up our Partner and went to the
woods and tended our stills all day, mak-

though he would
have welcomed an Opportunity to carry
out the threat to McDaniel—the threat
that he would kill Malcolm, too, if he told.

“It’s a God damn lie,” Vaughan cursed,
his eyes flashing hatred and contempt for

Connie Vaughan

The men were taken back to their cells
to await the action of the inquisitorial
body.

Organized Oct, Sth as scheduled, in
criminal court, the Grand Jury returned
true bills against Vaughan and McDaniel,
indicting them on charges of first degree
murder, -

Solicitor George Lewis Bailes, of Jeff-
erson County, and assistants set the trial
of Vaughan to come up first and scheduled
it for Monday, November 30th,

Neither was admitted to bail and they
remained in their cells atop Jefferson Coun-
ty Courthouse to await trial,

J. R. Payne, Birmingham attorney, an-
nounced himself as retained as attorney
for Vaughan, Esdale not appearing when
the trial opened as scheduled before Judge
Robert J. Wheeler in the Criminal Division
of Circuit Court.

plea of not guilty was entered.

Louis A, Thomas, also of Birmingham,
was named as attorney for McDaniel as
the latter’s trial was scheduled to follow
immediately after Vaughan’s.

The first witness called to the stand was
Mrs. Ella Swofford, mother of Mrs, Ad-
kins, who identified a ring taken from the
body as one belonging to her daughter.

After the victim's husband testified, the

Malcolm McDaniel

71

and McDaniel were
star witnesses for the State. The former,
attired in a neat suit, took the stand and
told under questioning by the solicitor and
his assistant, of the events of that tragic
Saturday night—of the meeting with
Vaughan and McDaniel, of the subsequent
ride to Greenwood’s Road-house and of the
last time she saw Mrs. Adkins alive,

MéDaniel followed her on the stand.

The wiry little “moonshiner”, his eyes
avoiding those of his former partner. in
whiskey running, told the story in sub-
stance, as he had told us following his
breakdown,

Ina low voice, the tones of which never
changed, McDaniel fave this damaging
evidence against Connie Vaughan while
the man on trial for his life hung on
every word,

Vaughan had heard Solicitor Bailes, in
a ringing voice, announce that the prose-
cution expected “the death penalty or
nothing,” .

The parade of witnesses went on,
Through them, one by one, the state built
up a strong chain of circumstantial evi-
dence to add to Malcolm McDaniel’s dij-
rect accusation of Vaughan as the mur-
derer,

Then came the defense’s inning. Sev-
eral persons, including the defendant's
wife, took the stand as alibi witnesses,

Mrs. Vaughan Save essentially the same
version of Vaughan’s alibi statement in
regard to his whereabouts on the night of
the slaying. The Prosecution was unable
to trip her during a lengthy cross-examin-
ation,

HE trial continued throughout the week
Ta the fate of Vaughan was placed in
the hands of the jury the afternoon of Sat-
urday, December Sth.

Early the same night, the jury sent
word out that they had reached verdict.

The defendant faced them. . . ,

“We the jury find the defendant, Connie
Vaughan, guilty of murder in the first
degree as charged in the indictment. , . .”

Vaughan paled., Otherwise he showed
no emotion,

Before Judge Wheeler imposed gen-
tence he asked Vaughan if he had any-
thing to say.

“T want to say that I am innocent and
I hope some day they find who did it,”
the defendant declared.

Judge Wheeler Pronounced sentence—
death in the electric chair at Kilby Prison,
Alabama's — state Penitentiary. At this
writing an appeal has been made for a
new trial,

On January 18th, 1937, Malcolm Mc-
Daniel was taken before Judge Wheeler,

The second defendant entered a plea of
guilty and received a sentence of life im-
prisonment,

Thus was written “Finis” to another
chapter in the crime annals of Jefferson
County,

Tire Enn


than the officers had dared to hope.
Later that afternoon, while the deputies
were awaiting the autopsy. report, a
white-faced young man entered the un-
dertaking establishment and: introduced
himself to Peveler as Willie J. Adkins,
who lived in the vicinity.

“T just heard about the woman you
found in the lake,” he said. “If it’s true
she’s got red hair, then it could be my
wife. She hasn’t béen home since Sat-
urday.” ;

Deputy Peveler studied the young
man. “She’s got red hair, all right, son,”
he said kindly. “Maybe you'd better
look at her. Mr. Holmes here will take
you in.’

It required but a moment for Adkins
to recognize his wife. “I knew it—I
‘knew it,” he moaned. “I begged Annie
to settle down, to make a home for me,
but—but . . .”

His voice broke, and he stood silént,
shaking his head. Deputy Holmes led
him out’ of the autopsy chamber. |

EATED in the somber parlor of the

mortuary, Adkins told of his life
‘with—and his separation from—his wife.
She was 24, he said, and had been mar-
tied once before he met her. Annie had
a small son, the, offspring of her first
marriage.

“She—well, Annie wasn’t really wild,
but she liked her good times,” Adkins
said. “Dancing and amusements. She
didn’t like to keep house. So we split
- up, and she went back to live with her

- folks in Birmingham.”  ;

He said he saw his wife frequently.:
As a matter of fact, he had visited with
her on Saturday afternoon, when he re-
— his plea for’ her to return to
im.

coup construction. [t was such a com-

mon piece of merchandise, the three °

deputies realized, that it would be dif-
ficult, if not impossible, ever to trace
it.

“We've got to break the news to the
girl’s folks,”
his colleagues. “And we might be able
to find out from them where she went
Saturday night.”

In their Birmingham home the vic-
tim’s parents were shocked almost  be-
yond speech when word of Annie’s fate
was brought to them by the county
officers.

“You've got to help us if you can,”
Peveler’ told the father. “With whom
did your daughter go out Saturday

night?”
“Mrs. Greenfield. Her first name’s
Lola. She’s George Greenfield’s wife.

‘She and Annie were good friends. Annie

left home around eight o’clock, saying
she was going to meet Lola, but I don’t
have any idea where they + were going.
That was the last we saw of our daugh-
ter.”

Peveler questioned the victim’ 's mother
and father about Annie’s life with Willie
Adkins. The parents admitted that their
daughter was greatly at fault in the
disagreement with her husband.

“Was Willie jealous of Annie’s other
friends?” Peveler: wanted to know.

“I don’t suppose he liked her going
around like she did,” came the reply.
“But Willie isn’t the jealous kind.”

“Do you' think he could have killed
his wife? Had he ever threatened her?”
- The dead woman’s father shook his
head slowly. “Not Willie,” he said. “He
wouldn’t. harm a living thing. He was
always willing to take Annie back when-
ever she’d go to him.”

“She just laughed and told me she
wasn't ready to settle down yet. Said
she was even going out some place Sat-
urday night.”-

“Did she tell you where, or with
whom?” Deputy Peveler broke in:

Willie shook .his head. “She never
would tell me where she went, or who
took her. I know she dated several
fellows after we split, but I don’t know
any of -their names.”

Adkins left. The‘ officers soon had a
report from Coroner Evans upon com-
pletion of the post mortem examination,
Mrs. Adkins had been dead when she
was thrown into the lake. She had been
bludgeoned or kicked savagely. And she
had been shot through the head, but
the bullet had gone completely through
* the skull, and thus was not recovered.
The condition of the wound was such
that the coroner could make no guess
as to its calibre.

Before storing away for. future ref-
erence the chicken wire with which the
dead woman had been bound, the of-
ficers examined it closely. It seemed
rather new, and measured eight feet in
length. It appeared to have been cut from
‘a standard roll of such netting as is
sold by hardware dealers for chicken

took but a short time for the three

investigators to find Lola Greenfield.

A trim, shapely, attractive young

blonde, she readily admitted having been

with Annie Adkins on Saturday night.

She had not yet learned of Mrs. Adkins’
fate.

“Annie and I were downtown in Bir-
mingham,” ‘she said. “We ‘just happened
to meet: a couple of fellows and they
asked us out to drink a few glasses of
beer. So we went.”

The two men were Malcolm Mc-
Daniel and Connie Vaughn. The officers
had good reason to know Vaughn. The
blacksheep son of a respected family,
he had been in one scrape after another.
He was well known as the operator of
a moonshine still located back in the
hills, and not many months earlier had
been involved in an auto theft case and
had served a short sentence for his
part in the larceny.

Mrs. Greenfield went on ‘to say that
after a few drinks, the two couples
stopped for a little while at the Bir-
mingham municipal auditorium to watch.
the figures in a weekly barn dance, and
upon leaving there haw continued on a
round of taverns, ending up at a cafe
in Lewisburg, north of Birmingham.

Deputy Peveler reminded - § itt

Beautiful, red-haired Annie Adkins “wasn't ready to settle down"
but a revengeful killer robbed her of the life she loved so dearly.

“Agnie got in an argument there,”
Mrs, Greenfield informed the officers.
“She was playing the juke box when
Freddie Lardner sidled up to her and
said something she didn’t like. I don’t
know what is was, but it made her kind
of mad. She slapped Freddie, and when
he drew back like he was going to hit
her, she popped him on the head with
a beer bottle. I suppose that’s what
you’re after her about, isn’t it? Fred-
die’s like a lot of men who -act fresh
with girls. He probably gave you a
different story about getting conked
with that bottle.”

Deputy Peveler told her the truth.
Lola Greenfield was shocked, but eager
“to help the officers in trying to un-
ravel the mystery surrounding her
friend’s death.

She said that upon their arrival, only
Annie, herself and McDaniel had gone
into the Lewisburg cafe. Vaughn had
remained outside in the car.

“About one o'clock in the morning.”
Mrs. Greenfield told Peveler, “Annie
and McDaniel left. I stayed there. And
that was the last time I saw Annie.”

Deputy Peveler was busy making

(Continued on Page 22)

This posed photo shows Deputy Sheriff H. C. Peveler (left) with 15

William Densmore (right} who found the body and called police.


fitbe he  2 ot nr TF ” RET TORN HET IR T IE TTT

“Saturday night, I think. Around mid-
night. The place was crowded, so I can’t
be sure.” ;

“Do you remember who she was with?”

“No, can’t tell you that. Saturday nights
are a madhouse. It’s all I can do to keep
the beer flowing.”

Sheriff Pelever had already told the
witness the girl’s name and that she had
been murdered either Saturday or Sunday.

“Try to think of somebody you've seen
her with,” he insisted. “This could be the
break we need.”

The proprietor scratched his head.

“Well,” he said, “I have seen her talk-
ing with a girl named Wilma Thompson,
but I don’t know whether they were
friends or not.”

He knew nothing about Wilma Thomp-
son except her name. Sheriff Pelever then
walked over to a pay telephone booth.
Thumbing through the directory, he found
the name Wilma Thompson.

Minutes later Pelever rang the doorbell
at a neat bungalow on Walnut Street. A
stunning blonde answered. The sheriff
identified himself and the girl asked him
to step inside.

“I heard about Annie Mae,” she said.
“It’s too bad. I was afraid something like
that would happen to her.”

Pelever wanted to know why.

“Because Annie’ Mae wasn’t particular
enough about the friends she made. ‘I
cautioned her to be careful. A girl can’t
be too careful these days, but Annie Mae
wanted to live it up.”

The sheriff asked the Thompson girl
when she had seen her friend last.

“Saturday night,” the blonde told him.

“We met at the Tee-Pee, had a few beers
and danced with a lot of guys. Then these
two strangers moved in. Bought us drinks
and hamburgers. They had a car outside
and wanted us to take a ride.”

Wilma Thompson shuddered at the
thought of what must have happened
later.

“T didn’t like the idea,”’she continued,
“but Annie Mae was all for it. She tried
to get me to go along, but I went home.”

Sheriff Pelever asked the names of the
two men and the kind of car they were
driving.

“They were supposed to be salesmen
from Montgomery,” she said. “One gave
his name as Walter Breyer and the other

. just called himself Sam. The car was

parked in back and I didn’t see it.”

ce
What did these men look like?” the
county officer asked.

“Breyer was tall, six feet or more. Dark
hair and dark suit and slender. About 30
years old. He played up ‘to me. Sam was
shorter and just right for Annie Mae. He
was wearing a light grey suit and had
curly hair and knew his way around a
woman.”

“You never saw them before?” Pelever
asked.

“Never.”

“How did you get home?”

“I took a bus.”

Back in his office, the county officer
called police in Montgomery and gave
them a full description of Walter Breyer
and the man known only as Sam and
asked them to check local firms for sales-
men fitting their descriptions.

Deputy Holmes, who had spent three
days trying to find out who had sold the
chicken wire, reported in to the sheriff.

“T think P’ve got something,” he told
Pelever, then he explained how he had
turned up a roll of chicken wire at the

Farmers Hardware store in nearby Coal-.

ville. “The cut end matches the wire we
found in the mill pond,” the deputy added.
“Better come over here as fast as you can.

I’ve got the name of the man who bought
the wire.”

The sheriff met his deputy a few min-
utes later. They went to a house near the
center of town and rang the bell. A tall,
clean-shaven man answered.

“You're Frank Mason?” Pelever asked.

“That’s right. What can I do for you?”

The sheriff identified himself, then said:

“You bought 25 feet of chicken wire at
Farmers Hardware,” he said.

“Sure did. Anything wrong with that?”

“Not a thing,” Pelever told: him, “if you

used it to pen up chickens. We'd like to
see it.”

Frank Mason motioned the officers out-
side to a shed. The wire was in a roll ina
corner. Holmes unrolled it while Pelever
measured.

* “Where's the rest?” the sheriff asked.
“You’ve got only 19 feet here. You bought
25.”

Mason insisted the wire was all there.

“Maybe I got short-changed,” he said.
“J didn’t measure it.”

Pelever asked Mason if he had heard
about the girl’s body found in Gridley’s
mill pond.

“What's that got to do with me?” he ex-
claimed.

“Just this,” the sheriff told him. “Who-
ever killed that girl thought he was pretty
smart. He weighted the body down with
stones held in place by chicken wire. It’s
taken us a long time to trace the wire, but
now we know the ends match the roll at
the hardware store where you bought
your wire. Besides, youre short six feet of
the wire.”

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THAN ANY OTHER FACT-
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Frank Mason swallowed hard. “I didn’t
have anything to do with killing that girl,”
he protested.

Pelever took him into custody while
Holmes stayed behind to search the house
and grounds.

The deputy found a muddy shoe on the
back porch. The heel was missing. Back
at the sheriff’s office, close examination
showed the heel found at the scene of the
crime and the shoe from Mason’s back
porch were made for each other.

Mason was brought from his ‘cell and
confronted with this evidence. He
clammed up. Pelever and his deputies
went into a huddle.

“I think I’ve got the answer to part of
this riddle now,” the sheriff said. “Wilma
Thompson was with Annie’ Mae Adkins
Saturday night. They met two men, but
the names were not Walter Breyer and
Sam. One’s name was Frank Mason.”

Pelever explained his theory. “The wire
and heel place Mason at the scene of the
murder,” he said. “Chances are Walter
Breyer and Sam are phony names. I think
Wilma Thompson is covering up for some-
body. Maybe she’s afraid to tell the truth.
I want her brought in here. We'll let her
come face to face with Mason and watch
the reaction.”

Wilma Thompson claimed she had never
seen Frank Mason before, but she wasn’t
a very good actress. Pelever sent Mason
back to his cell and then talked turkey
with the girl.

“We don’t think you had anything to do
with the murder itself,” the sheriff told
her, “but we do believe Annie Mae Ad-
kins left the inn with Frank Mason and
another man. Now it’s up to you to tell
us who that second man really is.”

Wilma Thompson began to cry. “You're
right about Frank Mason,” she sobbed.
Peg Mae is dead and I don’t want to

ie.”

Sheriff Pelever assured her she would
be protected.

“The second man is Frank’s best friend,
Connie Vaughn.”

The county officers did a double-take.
Conrad Vaughn had provided a good alibi.
Sheriff Pelever asked Wilma what time

‘she and Annie Mae met Mason and
Vaughn.

“Tt was late,” she told him. “We had been
there a long time when they came in. I
don’t think they got there before 11
o'clock. Maybe a little later.”

The sheriff reminded the girl that Annie
Mae Adkins and Conrad Vaughn had not
been on such good terms since the trial.

“T know all about that,” she said, “but

Annie Mae was a funny kid. She got lone-
some for Connie and asked me‘ to phone
him. He said he couldn’t get there until
late because he’d have to slip out after his
a went to bed. I guess that’s what he

Pelever had one of his deputies take the
Thompson girl to another room and had
Mason brought in. After telling the pris-
oner Wilma had talked, Mason realized it
would do him no good to hold out any
longer.

“Connie blamed all his trouble on Annie
Mae,” Mason explained. “When she
wanted to see him he thought maybe he
could persuade her not to testify against
him at a second trial. There wouldn’t have
been much of a case against him then.”

Mason went on to tell how the foursome
had drinks and hamburgers at Tee-Pee
Inn. “Wilma took a bus home,” he said. “I
drove Connie and Annie Mae to the mill
pond. They got out and walked away. I
waited, not knowing what Connie was
going to do. I thought he’d try to persuade
her not to testify and that would be all.

“But then I heard a girl’s scream fol-
lowed by a shot. Connie came running
back saying he had shot Annie Mae and
told me he was going to sink her body in
the pond. I was scared, but I knew the
body would rise if it wasn’t weighted
down. The chicken wire came to mind.
I got it and we filled it with rocks and
wrapped it around the body.”

Frank Mason shrugged his shoulders. “I
should have known we couldn’t get away
with it,” he said. “It takes a lot of weight
to keep a bloated body down.”

Conrad Vaughn was arrested. A thor-
ough search of his house uncovered a .32
caliber gun and ballistics experts assured
Sheriff Pelever the lethal slug had been
fired from Vaughn’s .32.

Frank Mason was first to go to trial. The
date was December 5, 1936. Found guilty
of murder in the second degree, he was
given a life sentence.

Conrad Vaughn would have made out
much better if he had accepted the ten
year sentence in the stolen car case instead
of trying to persuade Annie Mae not to
testify against him. When the redhead re-
fused to make such a promise he silenced
her with a bullet and sealed his own doom
as well. The jury found Vaughn guilty of
murder in the first degree. He died in the
electric chair on November 25, 1937.

(The names Wilma Thompson and Frank
Mason are fictitious. The man called Mason
a his debt to society and was paroled.—

he Editor.)

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A Bullet Silenced Annie Mae

[Continued from page 22]

Sheriff Pelever asked how he could be
so sure.

“By the setting,” the jeweler answered.
“It’s out of one of our catalogs. We don’t
keep it in regular stock.”

“Who bought it?” Pelever asked.

The manager checked his records. “Wil-
liam Adkins of 612 Myrtle Avenue. That’s
where he lived two years ago when the
sale was made.”

“Did you ever see Adkins’ wife?” Pel-
ever asked.

“No, not that I recall.”

The sheriff and Deputy Parrish found
612 Myrtle Avenue tobe a neat cottage
and a clean-cut man in his late 20s an-
swered the door bell.

“We're looking for William Adkins,”
Sheriff Pelever told him.

“’m William Adkins,” the man said.
“What can I do for you?”

The county officer identified himself and
Adkins looked puzzled as he ushered the
sheriff and deputy inside. “I’m a traveling
salesman,” Adkins offered. Pointing to a
suitease he said, “I just got back from an
extended trip. My wife, Annie Mae, isn’t
ess Has this got anything to do with

er?”

Sheriff Pelever asked to see a picture of
Annie Mae.

Adkins went into a bedroom and re-
turned with a portrait of a young and
beautiful girl. The county officer studied
it carefully, then he said, “This is bad
news, Mr. Adkins. Your wife is dead.”

William Adkins seemed surprised and
shocked.

“Dead?” he exclaimed.

Sheriff Pelever watched the young hus-
band slump into a chair and bury his face
in his hands.

“We found her body in Gridley’s mill
pond this morning,” the officer said softly.
“When did you see her last?”

Pelever waited, but no answer to his
question was forthcoming -from the
stunned man.

“Your wife had been in the water three
or four days,” the sheriff said finally.
“You’ve been away?”

The young man nodded. “Yes,” he said
at last. “I’ve been away for ten days. Annie
Mae was all right when I left, but she
wasn’t here when I got back today. I was
going to go to her mother’s. She was sup-
posed to be staying there. Please tell me
what happened.”

“A fisherman found the body this morn-
ing. It was weighted down with stones en-
cased in chicken wire.”

William Adkins seemed startled. “Then
she was murdered?” he asked.

“Yes, There was a bullet hole in the
back of her head.”

“Poor Annie Mae,” the young husband.

said. “She was so pretty and she loved life
so much.”

- Something in the tone of Adkins’ voice
made the county officer wonder about this
young man’s relations with his wife. .

“You have been married two years?”
he asked,

“That’s right.”

“Were you and Annie Mae happy?”

William Adkins did not answer for a
long time. ‘Finally he said, “We were at
first. Then she met another man. Things
weren’t the same after that.”

Sheriff Pelever could see the young
husband was deeply moved by what had
happened to his pretty wife and whatever
had preceded the tragedy.

“I want to help you,” the officer said.
“Tell me as much as you can.”

William Adkins began by saying he and
Annie Mae had been very happy, but busi-
ness frequently took him away from home.

“My wife was young,” he added. “She
didn’t like being alone and she had this
girl friend. They liked to go out together.
I didn’t mind that. A young girl should
have some fun, but then she met a man
named Conrad Vaughn. He was good look-
ing and had a way with women. Vaughn
is married, but that didn’t stop him from
chasing around.”

“What did you do about it?”

The young man said he had talked with
his wife and tried to reason with her.

“Annie Mae stopped seeing him for a
while. I thought it was over between them,
but about six months ago I found out I
was wrong.”

Adkins went on to tell how Conrad
Vaughn had called for his wife in a new
car one night while he was away on a
business trip. They’d gone out on the town
and Vaughn had wrecked the car outside
Birmingham. Annie Mae was shaken up
and remained in the car while Vaughn
ran away.

“The police came,” the young man said,
“and my wife learned that the car was
stolen. She had thought it belonged to
Vaughn. Police picked him up and it
wasn’t his first offense. He had a long
record and Annie Mae had to testify
against him at the trial.

“Vaughn got ten years. His lawyer ap-
pealed and I understand Vaughn was re-
leased on bail pending review of the case.
Annie Mae didn’t want to testify, but there
wasn’t anything else for her to do. Vaughn
was angry about that.” }

“Did your wife see him after the trial?”

“Not so far as I know. She told me she
was through with him.”

Sheriff Pelever asked Adkins to tell him
exactly where he had been the night Annie
Mae was believed to have been murdered.
He also questioned the young husband
about possession of a gun. Adkins an-
swered the sheriff satisfactorily, assuring
him he had never owned any weapon.

A check with the company which em-
ployed Adkins revealed that the young
salesman was telling the truth about being
away from home for the last ten days. He
had never been in trouble.

The same could not be said for Conrad
Vaughn. Birmingham police confirmed
the story about the stolen car accident and
Conrad Vaughn’s pending trial. :

William Adkins made a positive identifi-
cation of the murder victim at the morgue.
Meanwhile, Deputies Parrish and Henry
Holmes had gone over the Gridley pond
area for a second time. They came upon
a spot near the water’s edge where many
es could be seen stamped in the
mud.

“We also found this,” Parrish told Pel-
ever later, tossing a rubber heel on the
sheriff’s desk. “I believe two men were in
on this job. The prints indicate two men

and a woman. High heels are out of place .

at a mill pond. The woman’s footprints
must ,have been made by Annie Mae
Adkins.”

Sheriff Pelever studied the worn rubber
heel from a man’s shoe.

“We're getting some place,” Pelever
said. “There’s the chicken wire, the tire
tracks and this heel. Adkins was out of
town when this happened. Bring Vaughn
in—and he’d better come up with a good
alibi!”

Deputy Holmes was detailed to check
all stores selling chicken wire in an effort
to find some purchaser who could be tied

in with Annie Mae Adkins or Conrad
Vaughn.

Parrish had no difficulty locating
Vaughn. He was at home with his wife and =" 8
both went willingly to the sheriff’s office. © @%
Vaughn was unusually handsome and Pel- = iy
ever could see why women were attracted
to him. His wife was a striking brunette
beauty. It was obvious she was ready to
stand by her husband. .

“Annie Mae Adkins’ body was found in
Gridley’s mill pond this morning,” —
the sheriff began. “She was murdered.”

Conrad Vaughn did not appear sur-
prised.

“Yes, I know,” he said. “I heard about
it a little while ago. She was a nice girl.
How can I help you?”

“You knew Annie Mae quite well,” the
sheriff said. “She testified at your trial.
Where were you last Saturday night?”

Vaughn turned to his wife. “We were
together,” he said, motioning to Mrs.
Vaughn. “Had an early dinner and went
to a movie. We were home before 10
o’clock.”

Pelever looked to Mrs. Vaughn for con-
firmation. we
“That’s correct,” she said. “We feel «
awful about that poor girl, but Connie
was with me. He hasn’t seen her since that nk

accident and the trial. We were in bed
shortly after 10 o’clock.” ° ‘ j
“What about Sunday night?” the sheriff
asked. e
Vaughn and his wife told him they were ©
together that evening, also.
“T’yve learned my lesson,” the husband ;;
stated firmly. “That accident brought me‘.
to my senses, I don’t want any more |
trouble.” 3
“What kind of car do you drive?” qe
“None,” Vaughn replied. “They lifted ~
my license after the accident.” 2
“Do youowna gun?” ~-
“No. Never fired one in my life.” k
Sheriff Pelever questioned the couple a _
while longer and then told them they were ©
free to go. Their stories had been convinc-

ing.

Deputy Holmes reported that he hadn’t —
met with any success checking out the
chicken wire. :

“The stuff is sold in dozens of stores,” >
he told Pelever. “Unless we get a lucky ee
break the wire isn’t going to meana thing.” |.

The sheriff told Holmes to keep plug- »
ging, then turned to Parrish. “If this Ad- ©
kins girl stepped out with one man,” he
said, “she could have been attracted to’ ::
others.”

“The coroner told us the girl had been
drinking and ate a hamburger an hour
before she died,” Parrish reminded. “How.
about me checking taverns in the Brook- ‘
side section?” : A

Pelever not only gave his go-ahead, but
provided two additional deputies to help —
Parrish. 9

“Maybe somebody will remember her |
red hair,” the sheriff told his men. “Cover
every place that sells hamburgers, whether
they handle liquor or not.”

Whereas Parrish and the deputies.
working with him were to canvass Routes, ©
78 and 31 in the Brookside area north of.
Birmingham, the sheriff drove south to-
ward Bessemer. ‘

Diners, taverns and bars were covered, ‘*
Nobody remembered a young redhead ».
until Pelever came to the Tee-Pee Inn;
shortly after noon, | ee

“Sure I remember a girl like that,” the
proprietor told the sheriff after listening.
to a full description of the murder vic-  \
tim. “Cute trick. Lots of fun. Likes to eat.” ",

Pelever asked him if the girl had been \.
in his place over the last week-end. 3

“Yes, I believe she was,” the man said. )


Gov. Sparks 11/1/44 | Nae'2

.

evidence does at one point attribute this to Bell es well,
but study of the whole testimony of the'’witness giving it,
es well as others, seens to definitely place this as error.
The two applicants had made it up to steal coal from
passing trains. No trains with coel passing through,
Vernon proposed robbing the filling station. Vernon knew
the deceased operator. \e believe that from the testimony
Sell showed reluctance but consented to the leadership of
the older man,

Vernon in the testimony attempted to implicate Bell
with reping his first wife and of having undue familiarity
with his second. fell ves a boy 14 to 19 years of age,
while Vernon wes over 31. As the charge dated beck several
years, it is unreasonable. From the fi g 8ell's criminal
record reflects only stealing coal from passing trains, |
while Vernon's included that as well as grand larcenies and
robteries, ‘The record does not show close association of
the two, and we believe Vernon had only recently taken Bell
under his wing end associated him with himself in sone of
the coal thefts. ‘While Vernon had many others associated
with him in the robberies, it is not shown that he had Bell,
we do not believe ell a "killer” or that he fully realized
the Gengerous results thet might follow his participation
in the station robbery. The record does not show any
previous convictions as to Bell. ‘The ¥,’ B. I, report shows
the following es to Vernon:

2/15/27 - Concealed eapons - 12 mos 49 days
3/29/30 - Grand Larceny - 1 yr 1 da to 18 mos
11/19/33 - Grand Larceny ~ 1 yr l da to 18 mos
2/12/36 - Assault sith Intent to Murder - No aispos,.
4/18/40 - Kurder lst Desree - Sentenced to Death

Yours very truly,

eae ee

Alex Srith

Howell Turner


STATE OF ALABAMA wont ges STEPHENS

BOARD OF PARDONS AND PAROLES) - W. K. NORTON
MONTGOMERY 5, ALABAMA

November 1, 1944

SUPERVISOR

ALEX SMITH
CHAIRMAN

HOWELL TURNER
EOWINA MITCHELL
ASSOCIATE MEMBERS

Honorable Chauncey Sparks
Governor of Alabama
State Capitol

In re: Joe Vernon and L, C,
Dear Governor:

in compliance with your request, transzitted to
us by Honorable Ceorse Sliss Jones, we are handing to
you statement of unofficial conclusion reacned in the
aoove stated cases,
facts on which
upon the facts
is as follows:

(2h) 3 sentence of the court ea o Joe Vernon
should rot interfered with.

(2) The sentence of the court as to L. Cc. Bell,
alias Serry, should be connuted to life imprisonment,

Grounds for recommendation:

The testimony shows definite leadership in Vernon.
He was 31 years old at the tine of the crime. Bell was
a boy between 16 and 19 years of ase. Vernon admitted
being implicated in innumerable cases of grand larceny
and highway robbery, particularly robbinz hoboes and
steeling coal from passing trains. The gun used to
kill. Vontgonery was stolen ty Vernon from his employer.
In our opinion the shot that killed Montgomery was
fired by Vernon, The evidence shows that without con-
tradiction Vernon nad a handkerchief around his face at
the time; such preparedness was not shown as to Bell.
It also shows that Vernon was sufficiently versed with
crime to think about and he did wipe off the door knob
in order to erase finserprints and detection. ‘che


————

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Murder at the President’s Ball

(Continued from page 19)

broadcast which went out shortly after
11:30 p. m.. were Officers O. W. Haynes
and Raymond Fox, of the Homewood
Police. We had figured that one of the
best avenues of escape for the bandits
would be the Montgomery highway,
which leads over Red Mountain, through
Homewood; and over Shades Mountain
toward Montgomery and southern Ala-
bama.

On receiving the news and the sugges-
tion that the Montgomery road was a hot
tip, these alert patrolmen immediately
swung their car around and_ dashed
toward this main highway to the little
town of Homewood.

“They'll try to make it out on the high-
way instead of taking a chance of getting
tangled up on some of the side roads,
more than likely,’ Officer Haynes sug-
ee. “That is, if they come this way
at all.”

Hardly had he uttered the words than
an automobile sped down the highway,
but in it were a man and a woman.
There would be no woman in the bandit
car.

“Better to be certain,” Haynes told his
buddy.

The first car had barely passed when
the headlights of another flashed around
a curve some distance away. ;

Nearer and nearer it approached, until
it was almost abreast of the police car.

Officer Fox swung the patrol car into
the center of the highway.

“There they are—two men—and the
descriptions fit,” he muttered.

His jaws set with determination, Officer
Fox swerved the car dangerously near the
speeding machine as Haynes leveled his
pistol.

The cars screeched to a stop and
Haynes bounded out, covering the sus-
pects.

A pistol glistened in the hands of the

man crouched beside the driver, but he
made no move to use the weapon.
» Covering the men from the other side
of the car, Fox wrenched the pistol from
the one who appeared to be the younger
of the two.

Searching the driver, they found two
more pistols, one in his pocket and an-
other concealed under his belt.

Wary of a possible trap, they. made a
hurried search of the compartment in the
instrument board and found a fourth
weapon, loaded and ready to spit leaden
death. ——

Fox and Haynes called Birmingham
Headquarters and told them of the cap-
ture.

Shift Captain C. L. Mullins, Sergeant

W. T. Jones and others were rushed to
Homewood to bring the suspects to
Headquarters.

The taller of the two suspects was surly
and refused to talk, but his companion
was pale and apparently frightened, wait-
ing for the other to make the first move,
to speak first.

Handcuffed together, the suspects were
brought to Birmingham Police Headquar-

ters.

The hallways at Headquarters were
filled with couples from the dance, eager
to learn if the bandits had been cap-
tured.

Talking among themselves in hushed
tones and awed by the tragic develop-
ments the past hour had brought, they
saw the officers bringing the suspects up
the stairway. In the countenance of one
of the two men they saw open defiance;
his hard gray eyes were shifty and cold.

The face of the other expressed fear and
bewilderment as the officers brought the
pair into the detective room.

é
I WAS a little astonished when | sized
up the two bandits as they were brought
in for questioning, for they seemed to me
to be above the average in intelligence.
Yet thé crime had been a most foolish
attempt and the shooting so unnecessary.
Both of the men were well dressed in dark
suits, gray topcoats and had discarded
their caps for pearl gray hats. They had
a clean-cut, natty appearance.

With Chief of Police C. L. Mullins, and
surrounded by Detectives H. C. Propst,
O. F. Osborne, F. S. Salser and R. B.
Tucker we began grilling the couple, while
Chief Marshall Allen and Officers Haynes
and Fox, of Homewood, looked on.

We had little difficulty with the pair, as
they realized they had been caught red-
handed and were willing to make a clean
breast of the attempted robbery at the
Pickwick Club. The older of the two, the
man with whom Officer Harris had
grappled, said: he was Richard F. Darrafou,
twenty-five years old, of Stockton, Cali-
fornia. The younger identified himself as
Wesley Vincent, nineteen, of Shelton,
Washington. It was Vincent, we knew,
who had wounded Officer Harris.

“Sure we did it,” Darrafou snarled in
answer to a question. “We needed the
money. But we didn’t intend to kill any-
body.”

Examined to determine if he had been
wounded by a bullet from Officer Harris’
gun, Darrafou’s heavy overcoat revealed
a hole. One of the bullets had plowed

through the overcoat, the coat of his suit
and through his shirt and undershirt.

August

The
detecti\
fora Ww

“Tt
as the
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concern

By sé
had Sp
merely

Darr:
for the
and ad
Officer

“Tod
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buddy

The
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most «
fiant, s
out the

“Lay
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rap.”

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The
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hund


Sa TO

Ke

August, 1936

The bullet dropped to the floor as the
detectives examined the bandit closely
for a wound,

“It only stung a little,’ Darrafou said
as the officers found the spot where the
bullet had hit. He apparently was little
concerned over his narrow escape.

By some strange trick of fate the bullet
had spared the bandit’s life and had
merely knocked him down.

Darrafou would have taken the blame
for the shooting, but Vincent spoke up
and admitted firing the shot that dropped
Officer Harris.

“I didn’t mean to shoot him in the
back,” Vincent insisted. “I only meant
to nick him to keep him from getting my
buddy.”

The young bandit was pale and nerv-
ous, keeping his eyes fixed on the floor
most of the time, but Darrafou, still de-
fiant, seemed to be a man of steel, with-
out the faintest trace of emotion.

“Lay off the kid,” he snarled, “he’s a
first-timer. I’m the loser. I’ll take the

rap.”
| PICKED up the kid on the way from

Dallas,’ he added. “It’s his first job
and | want him to get a reformatory sen-
tence because he'll go straight if he ever
gets out of this. The reformatory is where
he belongs.

“It doesn’t matter about me,” he went
on. “I’ve got five years hanging over me
already, before this.” bs

“Where?” he was asked. *

“It doesn’t matter where | did’ it,”
Darrafou muttered defiantly. “I’ll finish
that one out and do time for this one if
you will only help the kid get started
right.

“I’m a loser. | can take it, but | don’t
want to see my buddy made into a hard
guy just because he got into one job with
me. He’s a decent kid and deserves a
break.”

Little did Darrafou, with his flair for
dramatics, dream of the events that were
destined to follow.

The bandits were placed in City Jail
on a general holding charge pending the
outcome of Officer Harris’ wound. The
next day we had them brought to Head-
quarters again. Members of the homi-
cide squad, early that morning, had
learned that the pair, upon arriving in
Birmingham, had registered at a down-
town hotel. Later they had taken an
apartment on Highland Avenue, in the
fashionable Southside residential section.

In the apartment was found their
clothing, including riding breeches and
boots and two zipper jackets, and a quan-
tity of groceries.

The automobile in which they had made
their dash for freedom was placed in a
storage garage pending a check-up on the
machine.

The bill of sale for the car was from
the Perry Motor Company, Dallas, Texas.
We later learned that the machine had
been bought by Darrafou and that the
title was clear.

When searched at Headquarters on the
night of the hold-up Darrafou had $123.30
in his possession and Vincent had $55.88.

We placed the suspects in a “line-up.”
Darrafou was identified as the man who,
on the afternoon before the President’s
Birthday Ball, had held up Mrs. Ada
Tatum, secretary in the office of the
Brotherhood of Railroad Trainmen in the
Lyric Building and escaped with one
hundred dollars in cash.

Vincent was identified as the lookout
who had been seen in the elevator of the
Lyric Building a short time before the
bandit entered the Brotherhood office.

Despite these identifications, Darrafou
and Vincent steadfastly denied to me

that they had taken part in any hold-

Master Detective
ups in Birmingham except the one at the
Pickwick Club.

Warrants charging robbery were sworn
out and the bandits were removed to the
County Jail atop Jefferson County’s new
$3,000, Courthouse, to await trial.

Meanwhile, Nick Sandefer, head of the
Police Bureau of Identification, received
reports from the Bureau of Identification,
Department of Justice, at Washington.

ecords on file there showed that Dar-
rafou had been arrested in March, 1930,
for issuing fraudulent checks in Sacra-
mento, California; in April of the same
year in Los Angeles on suspicion of rob-
bery; in September, 1930, for issuing
fraudulent checks in Denver, Colorado,
and that in 1932 he had been sentenced
to serve one to four years in San Quentin
Prison for forgery.

The reports revealed no previous police
record on Vincent, but they did show that
he served in the U. S. Marine Corps for
two years and seven months, receiving a
“bad conduct” discharge at the end of that
period for over-leave.

While the officers were checking up on
the records of the bandits, Officer Harris
was hovering between life and death. At
St. Vincent’s Hospital he had been given
a blood transfusion and had shown slight
improvement. His pulse was stronger.

our days following the shooting, he
was reported considerably improved. Doc-
tor John L. Hillhouse, attending physi-
cian and close personal friend of the
officer, reported that the upper part of
the lung, penetrated by the bullet, had
resumed functioning, but that the lower
part still remained inactive because of the
amount of blood drained into the lung
from a severed artery.

Blood transfusions were given during
the long days that followed and_physi-
—— kept a constant watch at the bed-
side.

Hourly bulletins on the officer’s condi-
tion were given by Radio Station WSGN
and reports went out at intervals over
Station WBRC.

HUNDREDS of calls were received daily
at Police Headquarters as the citizens
of the city kept in constant touch with
the popular officer’s condition.

Desk sergeants on each of the three
shifts kept on hand bulletins on Harris’
progress in his battle for life. Thousands
were watching and waiting.

The long days and nights were unend-
ing hours of torture for Mrs. Verla
Harris, wife of the officer, and their two
sons, Billy Ray and Jack. Pale and worn,
the slim little woman kept her vigil at the
hospital, eagerly awaiting words of hope
that might come from the lips of attend-
ing physicians.

Days and nights wore away.

Then Death shadowed the little white
room in the hospital and the brave officer
lost his fight shortly after noon on Fri-
day, February 8th.

Although we had given up hope, we
were all stunned as the news of the
victith’s death spread throughout the city.

W. O. Downs, Commissioner of Public
Safety, was sitting in his office at City
Hall when told of Harris’ death.

At the time of the officer's death the
Jefferson County Grand Jury was in ses-
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for two p. M. Friday, February 8th, but
the report was delayed nearly two hours
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ments charging the bandits with mur-
der were returned in almost record time.

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In their cells at the County Jail, Dar-
rafou and Vincent were told of their vic-
tim’s death and of the indictments.

Vincent, pale and nervous, clutched the
bars of his cell.

“If I get the hot seat it will be just what
I deserve,” he told Chief Warden Jim
Pinson.

Darrafou was cool and apparently un-
concerned.

“| have nothing to say,” he muttered.
“The outcome of the trial will speak for
itself.”

Almost sobbing, Vincent cried out as he
paced up and down in the narrow confines
of his cell: “Life doesn’t mean anything
to me now. I don’t care whether [ live
or die, but I’m sorry about that man
dying.”

The youthful bandit sank to the bunk
in his cell, staring out of the window. His
hands twitched nervously. There was a
ghost-like pallor under the stubble of
beard on his face.

The bandits were kept in separate cells
until the opening day of the trial, Mon-
day, February [8th. It was called be-
fore Circuit Judge Robert J. Wheeler.
Requests for a continuance were denied.
The court also refused to permit pleas of
not guilty by reason of insanity, pointing
out that such pleas should have been en-
tered at the time of arraignment a week
earlier.

Attorneys for the defense, K. C. Ed-
wards and Frank Hollifield, took excep-
tion to the ruling, claiming they had not
been retained at the time of the prelimi-
nary, which was one day after Darrafou
and Vincent were indicted. Defense coun-
sel argued that the defendants were being
deprived of their constitutional rights.

THe defense then asked for severance
which was denied. Solictor Bailes elected
o place Vincent on trial first. Edwards
again requested a continuance, claiming
that Vincent was physically unable to go
on_ trial.

Doctor J. A. Collins, jail physician who
had examined the defendants, was sum-
moned,; but before he arrived the defense
gg rights in the matter and agreed
that the defendants should be tried
jointly.

Straight pleas of not guilty were en-
tered.

The slain officer’s widow was the first
witness called to the stand by the prose-
cution.

Tense silence prevailed as the frail little
woman, widowed by the bullet from Vin-
cent’s blazing automatic, took the stand.
Pale and nervous, showing the strain of
the tragedy that stalked the officer's
family, Mrs. Harris seated herself in the
witness chair.

Darrafou and Vincent glanced up
quickly, then dropped their heads. Dar-
rafou soon leveled his glance at the widow,
but Vincent sat with his head bowed.
Visibly moved by the appearance of the
widow of the man whose life he had taken,
Vincent kept twisting his hands as the
trial progressed.

In low tones Mrs. Harris answered
questions asked by the prosecution. She
was on the stand only a few minutes.

Eugene C. Oldham, employee of the
Pickwick Club, identified Darrafou and
Vincent as the two men who entered the
club the night of January 30th. He gave
an eye-witness description of the attack
on Harris.

During cross-examination of Oldham by
Attorney Edwards, four large pistols—
two automatics and two revolvers—were
introduced as evidence. Oldham identified
a heavy automatic as the weapon Vin-
cent fired at Harris. He said one of the
other guns was fired by Darrafou during
the struggle with the officer.

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August, 1936

The highlight of the trial came as Vin-
cent took the stand in his own defense
and in behalf of his companion. He tes-
tified that he and Darrafou had rented
an apartment in Birmingham’s fashion-
able Southside and that Darrafou had
told him he knew where they could “pick
up a little easy money.”

Vincent admitted firing the shot that
claimed the officer’s life, but steadfastly
claimed that it was accidental. He tes-
tified that, while in the Marines, he had
received special instruction in the use of
automatic pistols, the kind with which he
shot Officer Harris,

“When you were a Marine you learned
that a gun like this will not shoot unless
it is cocked, didn’t you?” Special Prose-
cutor Horace C, Wilkinson, prominent
Birmingham attorney and powerful politi-
cal figure, asked the defendant.

“When the hammer is down it is not
a weapon,” Vincent replied. “It would be
of no use in a hold-up.”

“You intended when you pulled the
hammer back before you went into that
club to have it ready to shoot and shoot
to kill, didn’t you?” Wilkinson snapped,

‘Tl WANTED it ready, but I didn’t mean
to shoot to kill,” Vincent replied.
When Vincent completed his testimony
the defense rested. Darrafou was net
placed on the stand,
Police Captain Chester L. Mullins tes-

tified that, immediately following the ,
arrest of the bandit pair, Vincent was -

asked why he shot Harris and that ‘the
bandit replied, “What the hell, do ‘you
think I was going to let him kill ‘my
buddy?”

The trial ended next day. The case
went to the jury at 1 p. mM. and at 4:50
p. M. the jury filed back in and reported
they were ready for announcement of
their verdict.

“We, the jury, find the defendant, R.
F. Darrafou, guilty of murder in the first
degree, as charged in the indictment and
fix his punishment at death,” C. P. Thie-
monge, court clerk, read from the first
of two slips of paper handed him by
Daniel R. Price, foreman of the Jury.

And then the clerk intoned the same
fate for Vincent.

The youthful co-defendants smiled as
the verdicts were read. A murmur of
voices rose over the courtroom,

Vincent, who had been pale and trem-
bling throughout the trial, laughed. But
his laugh was hollow. He turned to Dar-
rafou, whose face broke into a smile as he
slapped Vincent on the knee.

Almost instantly, however, the cool and
audacious Darrafou cursed under his
breath. His lips curled, forming a violent
oath, but he caught himself and the oath
was uttered in a whisper.

A newspaper reporter leaned over and
asked the defendants if they had anything
to say.

Vincent smiled, but Darrafou scowled,
leaned forward belligerently and snarled,
“No!”

The jury was dismissed, Its members,
solemn-faced, filed out of the courtroom.
It was the first Jefferson County jury ever
to send a white man to the electric chair
and the first in sixteen years to condemn
a white man to death in that period of
time.

Handcuffed together and_ their every
move watched closely, the convicted ban-
dits were taken back to the jail—this time
to Death Row, that grim and sinister cell
block where condemned men wait through
the long days and nights for the hour of
their execution.

Only Vincent spoke.

“I might as well die now as later,” he
said. “I’ve got to die sometime.”

Darrafou was silent, his face pale.

Master Detective

Throughout the long weeks that fol-
lowed, Darrafou, surly and brooding, re-
peated openly that he would escape. But
the Jefferson County Jail is known as “es-
cape proof.” When the courthouse was
erected and the jail built atop the impos-
ing structure a set of rules was furnished
—regulations, which, if followed to the
letter, would prevent anyone from escap-
ing.

More than a score of visitors were ad-
mitted to the jail on the morning of
Wednesday, April 25th. Severa} deputies
were on hand to watch them and the
prisoners.

One of these was Deputy John McFar-
land, head of the county Finger-print
Bureau, and former assistant to Milton E.
McDuff, when McDuff was director of the
Bureau of Identification, Birmingham Po-
lice Department.

Closely watching the visitors, McFar-
land noticed a pretty blonde woman in
the corridor. In her hand were two maga-
zines.

“Where are you going with those?” the
deputy asked, reaching out to take the
magazines.

“Oh, they’re just for a friend of mine,”
the woman replied.

McFarland took the magazines. In one
he found two hack-saw blades, and in the
other another blade. McFarland looked
up, but the woman had disappeared,

There was a hurried search. The depu-
ties found her crouching in a room in the
hospital ward.

“What’s your name?” McFarland de-
manded.

“Ethel Robertson—Mrs. Ethel Robert-
son,” she replied.

“Where do you live?” the deputy ques-
tioned,

“On North Twenty-Third Street,” the
woman replied promptly.

At first Mrs. Robertson denied know-
ing the blades were in the magazine, but
finally admitted Darrafou had given her
five dollars to bring him the blades.

“Sweethearts?” the deputy asked.

“I needed the money,” the woman te-
plied. Her face flushed, but she smiled as
she shook her head slowly.

“This may get you two to ten years,”
McFarland told her.

“If I’ve done anything to be punished
for I’m willing to go to prison,” the wo-
man said,

HE told the deputy she was a native of

Palos, Alabama, and that she had re-

ares worked in a textile mill at Alabama
ity.

Questioned further, she denied having
smuggled saws to Darrafou on previous
occasions,

Deputy McFarland revealed that a
week prior to the incident, wardens had
found two bars sawed in Darrafou’s cell
window. The bars inside the outer cas-
ing of steel revolve, making it impossible
for the saw’s teeth to take hold, and the
attempt to gain freedom failed.

In the cell the wardens had found a
hack-saw,blade and a spool of fine wire
that could have been used in drawing
weapons up from the ground below.

Darrafou had admitted at the time that
he had carefully planned to make a break
for freedom, the deputy revealed.

Mrs. Robertson was placed in a cell on
the eighth floor, almost directly over the
one occupied by Darrafou.

Questioned at length, she admitted hav-
ing bought five blades. One of the blades
was found by the deputies at the woman’s
residence. Another, she said she had sent
to “a person” at Alabama City.

The woman was given a preliminary
hearing on May 3rd, and when taken into
court for trial June 12th, she entered a
plea of guilty.

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drop and that he was wanted by Georgia

on a kidnap warrant. The sergeant con-.

tacted Detective Dave Discus of the San
Bernardino County Sheriff's Depart-
ment and relayed the information Surrett
had given him.

Discus, casually flipping a fingerprint
card in one hand, went to the prisoner’s
cell. ‘‘I’ve got a surprise,’’ he said.
‘*You’re not who you claim to be.”’

‘‘No,’’ muttered the man. ‘‘I’m Billy
Wayne Waldrop.”’

Discus immediately phoned Surrett
who gave the California lawman some
more identifying marks to confirm the
startling break. Surrett’s last words to his
western brethren were, ‘‘Don’t let that
son-of-a-gun go! I’ll be back to you very
shortly.’’

Approaching 30,000 feet and still
climbing, Surret called District Attorney
Rumsey and Hurst. Pee Wee, working a
security detail for the nearby Talladega
500 Stock Car Classic, shouted incredu-
lously into the phone, ‘‘Are you sure it’s
Billy Wayne Waldrop? Are you sure?!”’

Surrett then called Atlanta police to

tell them the man they wanted for kid-
napping was in jail. Surrett suggested
Atlanta authorities call Discus and place
a hold on Waldrop. Done. ‘‘He’s safe.
He ain’t going nowhere,”’ sighed Sur-
rett.

The next Monday, August 2nd, Rum-
sey dispatched the two Talladega inves-
tigators to California. Hurst and Surrett,
in something more than a lighthearted
mood, went to a local travel agency and
booked passage to Palm Springs. They
needed a car when they arrived to con-
tinue the journey to Twenty Nine Palms.
Hurst cracked, ‘‘l almost got killed when
I was in Dallas in one of those under-
powered little cars. I want a ‘full size’
car this time. Preferably,’’ he kidded,
‘*a Cadillac.”’

“‘T’ll see what I can do,’’ smiled the
agent.

The next day the two southern investi-
gators arrived at the posh Palm Springs
Airport. The temperature on the pleasant
August day was 119 degrees. As Surrett
struggled with the bags, Hurst went to
the rental car counter, produced his
reservations and waited for a clerk to fill
in the forms. As Hurst was leaving she
smiled and called out, ‘‘Sir, it’s in lot
number two. You can’t miss it. It’s a
blue Eldorado.”’

Panic. A look of disbelief spread
across Pee Wee’s face. As Surrett drag-
ged the suitcases out of the terminal,
Hurst whispered, ‘‘Dennis, we got us a
problem.’’ This one would be hard to
explain back in budget-conscious sweet

70

home Alabama for darn sure.

Undaunted, Hurst and Surrett aimed.

the baby blue machine toward town.
They were looking for a police car, an
officer to tell them where a decent,
reasonably priced place to eat and sleep
were. They spotted a California High-
way Patrol Cruiser in a service station
and pulled in. Surrett got out of the car,
introduced himself and asked the officer
where to stay.

‘*Well,’’ replied the CHIP’s officer,
“‘which car are you guys in?’’

Surrett pointed sheepishly to the long-
nosed luxury boat with Hurst behind the
wheel.

“Is that your car?”’

‘‘Na, we’re renting it’’ confided Sur-
rett.

Behind the patrolman’s sunglasses,
Surrett imagined there danced visions of
pot-bellied Southern Sheriffs, moon-
shine and souped-up, fire-engine-red
Dodge Chargers. This was going to be
hard to explain back home.

Hurst and Surrett checked into the
motel and grabbed a bite to eat. That first
day they planned to catch Waldrop off
guard; just walk in, say hi and leave. The
idea was to leave him wondering. From
now on, the case was a war of nerves.

Before you go to war, though, you
need a battle plan; and for a plan you
need good intelligence.reports. ‘‘We had
prepared ourselves in trying to find out
everything possible about Waldrop,”’ re-
counts Hurst. ‘“We obtained the District
Attorney’s case files on the double mur-
der he committed in Calhoun County and
read them thoroughly. Twice.’’ When
the investigators finally met their man,
he was no stranger. But then neither
were Hurst nor Surrett unknown quanti-
ties to Waldrop. He had scattered word
throughout the nearly two-month chase
that he wouldn’t be taken alive. He had
his own intelligence network which kept
him informed of his pursuers.

At one point in the hunt, Hurst spread
the word that he wasn’t going to take a
chance when he met Waldrop. He was
“‘going to shoot first and ask questions
later.’’ It was a psych game. Hurst
wanted the news to get back to Waldrop.

When the Alabama lawmen finally
confronted their quarry, Surrett intro-
duced himself, paused for effect, and
then introduced Hurst. Waldrop looked
up and said, ‘*You’re the son-of-a-gun
who’s gonna kill me on sight?’’

Hurst casually responded, ‘‘I did make

‘that statement at one time.”’

‘“‘What do you want to kill me for?”’
Hurst shot back, “‘You said you was
gonna kill us.”’

“I didn’t say that,’’ replied Waldrop
cooly.

‘*Well,’’ drawled Pee Wee, *‘ You told
everybody everywhere you went you
weren’t gonna be taken alive. To me
the same thing.’’

Cops - 1; Suspect - 0. The two investi-
gators prided themselves on never laying
ahand ona prisoner. They didn’t have to.

Hurst and Surrett had originally in-
tended to let Waldrop cool over night,
brooding about just what to expect next.
But after ten minutes with the man, they
knew he wanted to talk. They had yet to
mention the name Macon Donahoo.
They told Waldrop they had come to
California ‘‘just to check him out.’’ Wal-
drop began asking questions of the pair.
Perfect. With a silent nod toward one
another, Hurst and Surrett decided to
‘‘take him while we can.”’

Waldrop confided, *‘I didn’t do it, but

I know something about it. If I tell you
what I know, will you charge me?”’

» Surrett replied, ‘‘No. We won’t charge
you for anything you didn’t do.”’

The prisoner demanded to talk with
Robert Rumsey before he went any furth-
er. Surrett got Rumsey on the phone.
Waldrop said he ‘‘didn’t do it’’ but would
cooperate depending on “‘what you can
do for me.”’

' Rumsey promised Waldrop he would
be charged for only that role he played in
the crime, nothing else.

For the second time that evening,
Hurst and Surrett read Billy Wayne Wal-
drop his Miranda Rights. Waldrop at first
told the pair he took no actual part in the
robbery or arson. He admitted to buying
and receiving stolen property, helping an
associate dispose of the weapons, dis-
mantling and dumping what police consi-
dered by then to be the murder weapon,
and fleeing to Nashville after the inci-
dent. In effegt, he confessed to being an
accomplice after the fact. He carefully
denied ever going to Alpine the evening
of June 2nd.

Hurst convinced Georgia authorities to
relinquish: their hold on Waldrop. Billy
Wayne said he’d fight extradition on the
kidnap warrant but not one signed in
Calhoun County alleging buying and re-
ceiving stolen property. On August 17th
he was returned to Alabama.

The wheels of the grand jury ground
on. Rumsey was ready to move. The
citizens of Talladega County, Alabama
indicted the bearded young man on six
counts of capital murder in connection
with the death of Thurman Macon Dona-
hoo, Sr.

Security was rigid in the courtroom of
Circuit Judge William Sullivan in early

February, 1983
went like cloch
sented only one
dramatic mon
minute taped st_—
drop was played
recorded in Oct

rett’s interrog °

spersed by long
ly paid off.

In the dran
confessed to di
two companior
house several
of June 2nd wi
they went t
Donahoo op
one of his co:
the head with
inside. After t!
floor, Waldro;
with one of the
you doing thi
of the compa!
while he and ti
house for vali
saw Donahoo
the robbery. °
last time I saw

Waldrop cl:
took $130 fror
finally, his rir
tury-gld man
each man set
place; Waldro;
the hall closet
Waldrop said
Macon Donah

The previ¢
murderer con!
thing except pi
vict.a man 11
homicide, the
to prove that t!
someone (eve!
ness said W
much). Rums¢
complicity sta
ting a felony
eyes of the la

On Friday,
case went to th
seven men and
hours to reach
counts. The
drop—by no\
bama’s elect

As this art
Sullivan is de

ED

The name:
Sylvester and
tious and we?
reason for pi
identities.

b
}

}

~ : a eh Ey Ay 2 at, &
THE PUBLIC “WAS NOT THERE
H werk gn Cg ah pitts { us $ Shoo y

*

Jobo Walton, allag Waldrop, colored,
was bung ja Jefferagn county jail yard
at 11.10 o'clock this morning. The us-
ual audience was not present, It bas
been customary tn . ,
| (rout time immemortal to

jsult-was that the pablic got oak Abont
[two doses: personaeaw the/murderer.
of Jasper ‘Thoratan; “eplored, wwtng:
They happened to be on the acene early
‘ig the day; 9° 0) ¢ Tae aS
| The county ¢ Dr Ty & Gi
Josple, the newspaper men anil all‘the
‘usual attendants at auch’

others. who, while they dz

disappointment natural to. py
suid ThA the) beanee te
thelr fellow creature, black ‘and |

tase

eral ministers, apprised. of.

| programme: arrived at tbe jail and

were conducted up-¢

ees Se ore teen once
over the " r

religious secarctenetii

_ Was ready

mains of a murderer

\yard looking to the West. ‘It was the
wane gibbet and was Iu-the same poal-

{hoo as when placed. for Eukena Byars
a Poteet ? Ona UNCED DEA hg

Kev. W, H, Clarke, Rey. lL. W. Wells,
of Kast Lake; Rev. 8 M. Hall, of Kast
Lake; and Rev, R. HL. Kellar, the city
Missionary, Hymos Were. sung and
prayers were offered up for the, soul of
the callprit.” Waldrop Joined fa the ex-
promee te @ quiet eort of manfer. He
Was not emonatrative, He stated that
be had miade his peaca with his Lord,
was sorry for what he had done and
to go. He did uot appear
‘to be afraid to die and stated eo in so
scopy Pind. SRR UTERER Man UC SU

“et SP OTHE BUAFFOLD.  ) |

«Phe Prisoner Was conducted to the
scaffold et 1¥ o'dlock.: Sherif Morrow
wud Onef : Depoty B. A. ‘Thompson
‘Waines” on “elther side-atd Deputy
Sheri!’ ©, Ho Cole’ fotlowed, Bobind
‘Mr. Oole came the ministers. The ne
‘gro walked with a free step and seeem-
‘ed cotaparatively “unconcerned “except
that bis fate was very graye. ne ia

01 ON THE GIBBET, 3 ~. .

i {Pu “tbe “gibbet! the sane, ministers
‘condusted some ‘more’ religloge, exer.

(elses, “Prayers wete oMered for, the|

‘Murderer, and a ‘bfujn typical of the
mercy’ of Christ Was sung by the
strong-volced 'gacerdots! — quartette.
The murderer maintained ‘a quiet
gravity of demeanor, moving bie li
ju prayer in harmony with tbe m
iters in thetr appeal for mercy,” >
When the prayers were conclude
"Waldrop wag asked if he bad anything
to aay. His reply was "No; unless Mr,
Sheriing fe herve: I did want to tell
him something.” Br. Bherling Is war-
‘den at’ old. Saisie gee eee
v/a 30) CSa TER DROP, 9s:
Promptly

ited, the noose adjusted aud Wal
wae Oited, adjusted and

‘drop swung to bis) death... 'The lever
was pulled by Sheriff Morrow. - The
body shot down like an arrow, the legs
drew up a Uttle, thers was a sight
Aremor al over the. body and the re
faced the setting

ano, The gibbet- was’ in ‘the jail

ey . a te mr a + 7 aac
Wass aud Ay RECS EEN oe

efit

~
9

to. the felon’s |

~The}

os were be
ministers at hand were the following:

cre

New York Times May 8, 1896

—

eek
E

pA Ati

SOLD HIS BODY. . if
The News some days ago told of

Waldrop signing hia last will givti his
body for a consideration of sh so § ad

ler & Go., the undertakers. Affer the
body was cut down, If was tu over
to Miller & Oo., and this sfternooyn
woes pure Bailes f erabal min ae
n w y shipped ‘to W,

Shockey, of Tyr, Tex, 6: ¥,

| (Tho) Texas Undertekers’ A ation
wil} moet io that State nex k dnd
‘the ‘body of Waldrop wil! be used in.

‘demoystrating’ the art of embalming, |
Arrapgetnents were made with Colonel
Miller bere soon after jt was leara
that Waldrop’s body bad been eecered
for the use of (be'remains in Texas far
‘Use Denefit of demonatrating enibelm.|
Ing, abd the-body wif ve Mi the Lone |
Star State by. Monday, © =) &
Waldrop will Be-the forth tarderer’
bong: In Birovingttam: that bag o
thos: embalmed) Two of the o ers
re Lee Harris and Abe Mitchell, col-
ored, hung last July for the murder of
Pleas Merriwether, coloved.- ‘These two
murderers aleo killed James Thornton,
a young white groceryman, and shot
T. ¥. Daniet, a farmer residing at Fact
Lake, Mr. Daniel dying. aboyt two
months ago. The dried out tes of
these murderées are still at Miller &!
Co.'s, in this city. The third man ‘was
Bul Seroggins, white, who murdered wf
Jewish peddler about five years ako,
and wad bung elx months later. Hig
body js: tn the posession of madcicine
and museum men, who exhibit it in tte

gFse

if


replied Waldrop

e Wee, ‘‘You told
‘© you went you
n alive. To me

The two investi-
es on never laying
rey didn’t have to.

id originally in-
cool over night,
at to expect next.
ith the man, they

They had yet to
facon Donahoo.
ey had come to
k him out.’’ Wal-

tions of the pair,
nod toward one
rrett decided to

ns}

| didn’t do it, but
tit. If I tell you
harge me?”’
We won’t charge

lidn’t do.”’

ded to talk with

1e went any furth-
on the phone.

(do it’’ but would
“what you can

ildrop he would
ole he played in

that gvening,
silly Wayne Wal-
Waldrop at first
.ctual part in the
{mitted to buying
perty, helping an
weapons, dis-
hat police consi-
nurder weapon,
after the inci-
sed to being an
He carefully

ne the evening

ia authorities to
Waldrop.’ Billy
«tradition on the
ne signed in
duying and re-
On August }7th
bama.
ind jury ground
to move. The
unty, Alabama
sung man on Six
er in connection
in Macon Dona-

he courtroom of
illivan in early

seve cots

TET

February, 1983. The prosecution’s case
went like clock work. The defense, pre-
sented only one witness. The trial’s most
dramatic moments came when a 40-
minute taped statement made by Wal-
drop was played to the jurors. It had been
recorded in October, after Hurst and Sur-
rett’s interrogation sessions, inter-
spersed by long periods of silence, final-
ly paid off.

In the dramatic recording, Waldrop
confessed to discussing the robbery with
two companions and casing the Donahoe
house several times ' cnung
of June 2nd with the : ates, He said
they went to the dow Shortly after
Donahoo opened it, «aimed Waldrop,
one of his companions hit Donahoo on!
the head with a pistol. The trio rushed
inside. After the elderly man fell to the
floor, Waldrop said Donahoo pleaded
with one of the other two men, ‘‘Why are
you doing this?’’ Waldrep claimed one
of the companions stayed with Donahoo
while he and the other man searched the
house for valuables. Waldrop said he
saw Donahoo two or three times during
the robbery. ‘‘He seemed real pale the
last time I saw him. He looked dead.’’

Waldrop claimed that one companion
took $130 from the fallen Donahoo and,
finally, his ring. Before fleeing the cen-
tury-old mansion, Waldrop says that
each man set fire to a portion of the
place; Waldrop took the drapes, one man
the hall closet and another the kitchen. -
Waldrop said one companion then shot
Macon Donahoo through the head.

The previously convicted double-
murderer confessed to virtually every-
thing except pulling the trigger. To con-
vict a man in Alabama of robbery-
homicide, the prosecution doesn’t have
to prove that the accused actually killed
someone (even though at least one wit-
ness said Waldrop had admitted as
much). Rumsey reiterated to the jury the
complicity statute: all persons commit-

ting a felony are equally guilty in the -

eyes of the law.

On Friday, February 18, 1983, the
case went to the jury. It took the panel of
seven men and five women less than two
hours to reach a verdict: guilty on all six
counts. They recommended that Wal-
drop—by now 31 years old—die in Ala-
bama’s electric chair.

As this article goes to press, Judge
Sullivan is deliberating Waldrop’ fate.

EDITOR’S NOTE: ®

The names Johnny, Buster, Arthur
Sylvester and R.B. Sylvester are ficti-
tious and were used because there is no
reason for public interest in their true
identities.

>

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WALBROP, J hn, black, hanged Birmingham, Ala., May 8, 1896,

j 4
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f . \

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iH t London,
qa

Kad of Direc-
Woodward,
Band R, .
my ra-clocted
venue and

Vorl Secre.

1 has been
Eegment Com-
Paege understood

Peaue in Junc
ve already
eahe purchs?
Wat $25,000 In
‘rd of Di-
‘«, Woods

das re-
yton Laud
sretary and

s Company
Woodward,
ing,” FP, 14.
T. London

birectors re.
llows. J. T.
H. Earle,

Yer, Superin-
a ics

eel. :

ny declared
3 per cent.
bunt was de-
ir, the com-
he 6 per cent.
hich are at

- counseled
erstcud that

%
A ton and the

ted that the
wreed upon a
nacturers

pstments, to:

oa by Orrertr
me most ad-
: ae,

¥

at

if a of the
iS ime a Win.
au The weath-
athe farmers
crops.” An
ee) correspond-

cotton has
but the

as sspects for
28 unusually

tae) stop over
A and con-
wesuccessful
f as usually

le, Coffee

passing
ute to the
ymery. Ad
= ill able
rms, but
ul frame

y {s pro-
ery {ndl-
will not
erly, and
ill be in

purpose
will as-

Batter to
aces on

Neased
better
ds are

| firm tread and showed no signs of fear.

‘wife and two children

tanks, ete. The: new enterprise - will

ane aterry™

Satsads Cee tani marries
f Sat eed oN AB SK rear!

a ae OAR RE a

TO QUICK FOR REPORTERS,

4
WALDROP WAS HANGED BEVORE
THEY ARRIVED, ;

The County Physician Was Not Notl.
fed and the Mun Was Dead When
Ne Arrived—Frank Jomes Found

’ _ Deud by the Railroad Track—
Soap Works.

atte :
Ene
uv \ : .

as

Rirmingham, May 8—(Special)-——John
Waldrop, colored, who killed Jasper
Thornton, a fellow. convict, with a coal
pick in the mines at Coalburg about
four months ago, was hanged in the
county jail yard «at 11 10 o’clock today.
The execution was witnessed wby only
about.two dozen versons, ‘chicfly depu-
ty sheriffs and clerks around the court
house. Tho fact that the hanging’, took
place an kour earlier than has been cus-:
tomary here to execute criminals,
caused not only the newspaper * men,
who had not been informed by the
sheriff of the change of program, but
the county physician, Dr, J. S. Gilles-
pie; as well to get left. When Dr. Gil-
lespie reached the jail at 11 26 o’clock
he was informed that it was all over.
Newopuaper reporters who got there a
few minutes earlier: had been told the

same thing. Dr. Gillespie, it was
stated, had been telepfioned of the

change in.the time, but had not re-
codon Fee IMOSSecs. Se  wevsjraper
men were ignored. They did not relish
the treatment they had received, either,

The hanging passed off without inc}.
dent aside trom this. Waldrop met
death fearlesaly. Religious’ exercises
were held in the county jail at 10 o’clock
Waldrop taking part with the colored
ministers. He expressed himself as hav-
{ng made peace with his maker, and
as ready to go. When he wag escorted
to the scaffold by Sheriff Morrow and
a@ couple of deputies he walked with a

On the scaffold when asked if he had
anything to say he called for Mr, G.
W. Shirling, warden at Coalburg pris-
on, saying he desired to speak a word
with him. Mr. Shirling was found not
to be present. Waldrop them said that
he had nothing to say to’those present,
The noowme was adjusted aud the lever
pulled. The’ body shot down the drop,
quivered for a‘briefi period and life
passed out. ; f '

The formal order. of the Governor
granting a respite to Will Smith, ecol-
ored, who wag to have hung today for
the murder of Special Oflieer A. ‘I.
Woods, has been receiv2d. It fixes the
day.of the hanging at Friday, June 3..
Sinith’; friends are making efforts at
a commutation to a life sentence, but
there Is opposition to this om the nart
of the representatives of the murdered
Officer, ag i

Irank Jones, white, aged.about 3
years was found dead beside the
Louisville and Nashville railroad tracks
near Grace's Gap, five miles below the
city, at. an early hour this morning.
From all indications he was struck by
a fast train which passed by the place
during the night.

Jones was an ore miner at Ishkooda.
For the last few days “he has been
at Oneonta to attend court. Last night
ho was on his way home; living a few
miles out. in the country from I[shkoo-
da,- whore-he works. He togk the Lly-
ton Elettric car im the city and went
as far &s.the end of the line, and then
started to walk across the country to
his home. It is supposed he Joat his
path. and came out of the woods at
Grave’s Gap. There he probably sat.
down beside the track to rest, and fall-
Ing agleep, a train came along and
struck him. A large size bruise ts on
the left wide of his face and head. In
his pockets were $2.50 and a quart bot-3}
tle of liquor, half. of which was eone.

The body was found between the
double tracks ‘and all sings pointed to
tho above ‘theory as to hig death.
Jones was a married man, leaving: a

Messrs Oglesby and Moore of Nach-
ville, have secured the two-story brick
bullding on Sixteenth Street and Second
Avenue for the purpose of the manu-
facture of soap. They have also sub-
mitted plans'and asked for bids on

4 phan an investment of about $30,-
ee . esey " get

« w Sh dyh tf

‘abel ‘ a mth ap tg Ss
i
Have No Superiors
Is the lightest-running wheel made pbe-
cause it has only 45 per cent. friction in
the crank axle, while the rest have ‘tb
per cent. Strictly first-class in every de-
tail. Write for ¢atalogue. Terms easy.
Pianos at cost,

ee

«& E, FORBES, .
Music Dealer.
20 DEXTER AVI, MONTGOMERY,

NOTICE 10 TEACHERS

ee

“dhe quasar anna Seana ben OL

“applicants for positions as teachers m

the city public schoolg have been tixed
ag follows: Monday, June 8th, for white
teachers, and Tuesday, June 9th, for col-
ored teachers, A new positign to be tllied
ts that of male assistant th. the isoys’
High School. The examinatiofs’ will be-
ein at 8:30 a, m. and will be held in tne
H'gh School building. For further intor-
mation adcress the Superintendent of
Schools.
By order of the Board of Education.

he CHARLES L. FLOYD, Supt.,
tf 305 High Street, Montgomery, Ala,

PROPOSALS WANTED!

ey

* Bids will be received by City of Mont-

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m., for air lift pump to be operated by
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lift 100 feet: lift to be put In operation
and tested. before belng received. dor
further information apply to E. J. Meyer,

Chairman,
R. H. SOMMERVILLE,
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~


WATTS, Robert, white, hanged at Guntersville, AL, on April 255 1907.

"Birmingham, AL, Jun@ 26, 1906-lhe governor has paroled, until Februay 7 next, Robert
Watts, a white man from Marshall County, under sentence of death in the Birmingham
jail, for the alleged murder of an old Confederate soldier named Winkle, whom he is
charged with killing in order to secure his victim's pension money, The action is
taken upon the advice of Dr. George Searcy, chief of the state insane asylum staff,

who believes the theory that Watts is insane, This is the third time Watts has been
reprieved, adn it is said will probably prove the last one, as the prisoner has all the
signs of hopeless insanity. e will be confined in the Tuscaloosa insane asylum until
the date named," JOURNAL, Atlanta, Georgia, June 26, 1906 (l-5.)

"Guntersville, AL, April 25, 1907-Rob Watts, a young white man, was hanged in the jail
yard here today under tragic circumstances. He had become possessed of a knife and
resisted to the end, Ammonia was thrown into his'cell and he was thus overcome and
dragged to the scaffold by force, coughing and moaning piteously, Being asked for a
statement, he persistently protested his innocence, but did not attempt to throw
suspicion on anyone else, The drop fell at 8:20 o'clock, Watts was convicted of the
murder of Perd Winkles, an old Confederate soldier, who was killed in the fall of
190). Winkles had just drawn his pension money, amounting to 430 from the state, and
was en route home when the discharge of a gun, folhowed by screams, was heard, Friends
who Ha##anSAXEX hastened to the place found Winkles lying in the road mortally
wounded, The dying man said that Watts had shot and robbed him, Watts was convicted
and sentenced to hang, but an appeal was taken to the supreme court which affirmed
the sentence, Meanwhile Watts, who had been taken to the Birmingham jail for safe-
keeping, was pronounced insane and sent to the insane asylum, Further reprieves
followed until six different dates had been fixed for the execution, Recently atts
was declared sane again and Governor Comer refused to grant another reprieve, Watts
all along asserted his innocence," JOURNAL, Atlanta, Georgia, April 25, 1907 (1:2.)

aa No ein Piteously and Protesting Inno-~-

iain the jail

‘spossessed of a knife and resisted to

WATTS RESISTED.
ON THE GALLOWS

 Tragle Hanging at Gntersvile
Yesterday.

\ FOUGHT OFFICERS WITH » KNIFE

=

|

cence Robert Watts Pays Penalty
for Death of Old Man.

Guntersville, Ala., April 25.—Bob
“Watts, a young white man, was hanged
yard here to-day under
tragic circumstances. He had become

‘the end. Ammonia was thrown into his

“cell and he was thus overcome and
(«dragged to the -scaffold by force,
“coughing and moaning piteously.
» Being asked for a statement he per-
“'gistently protested his innocence, but
did not attempt. to throw a suspicion
on anyone else. The drop fell at 8:20
o'clock.

3 Watts was hanged for the murder of
. Perd Winkles, an old Confederate sol-
dier, who was killed in this county in
the fall of 1904... Winkles has just
“drawn his pension money, amounting
to $30, from the state and was en
‘Yroute home when the discharge of a
gun followed by screams was heard.
Friends who: hastened to the place found
Winkles lying in the road mortally
wounded. The dying man said that
Watts had shot and robbed him. Watts
was convicted'and sentenced to hang,
but an appeal was taken to the supreme
court, which affirmed the sentence.
“Meanwhile, Watts, who had been taken
to the Birmingham jail for safe keep-
ing, was pronounced insane and was
reprieved by the governor and sent to
‘the insane asylum. Further reprieves
“followed until six Cifferent dates had
been fixed for the execution.

Recently Watts was declared sane
again and Governor Comer refused to
grant another reprieve. Watts asserted
his innocence from the time of the

tragedy to his 7 (hae ae” SS eee on the Se an naman catewe
to-day. . | & | Seg
A . >
CHIPLEY JAIL BURNS. — 3
White Prisoner Perishes in Flames in
i Wlerida Fires )
Pensacola, Fla., April 26. —(Special.)— A!
special from Chipley, Fla.. states that
the two-story . jail ..building at that
place was destroyed by fire this morning
about 3 o’clock and one prisoner, Henry
Berry, a white man, was burned to death, ©
The jail was filled with prisoners, and‘
it is belleved that they started the fire
in order to make their escape. The fire }:
had gained good headway when = _ dis-
covered, but the prisoners were all. re-
leased and gotten out. of the puilding | 4
excepting Berry,’ who was locked up |
charged with being, drunk. \
hs |
KILLED:IN BIRMINGHAM,

Switchman Shoots at Unknown Assail-
ant and Slays Youth.

Birmingham, Ala., April 25. ‘—While
K. Bodey. @ switchman for the St. Lo
and San Francisco Railroad, was wal
ing through the yards of that road
Thirty-second street about daylight t
morning, a brick flew past his he
having been hurled between two cars
a freight which was standing in
yards. Thinking he was being assaul
Bodey drew his pistol and fired a |
jn the direction from which the
came. later the dead body of W
Kennedy, a motilder at the plant o
Birmingham Pipe and Casting Com]
not over 20 years of age, was fou
the opposite side of the cars.. He
been Shot through-the heart. Bodey
rendered and is in jail.

Recently two murders and several
way robberies have occurred in thq
road yards here and Bodey says
these in mind and believed he was
to be held up when he fired his
The police are investigating the af

f é

aj

a
, FIRE IN BENTON, ALA,

Postoflice and Several Adjoining B
ings Burn.
Benton, Ala., April 24.—(Special 4

‘respondence).—Last night about

night fire was discovered in the vac
storehouse belonging to Mr. J.
Miller in which he had stored a qué
tity of lumber and other articles. T
flames soon spread to the office a
joining, belonging to Mrs. A. R. Mille



68

looked up appealingly at us.

There was not a tear but all the emo-
tiont that comes from hours of fear, of
uncertainty and doubt, was in that face as
the man looked up.

“Who is it?” I asked.

“Annie Mae—it’s Annie Mae,” he cried.

OR a time we did not attempt to talk

to him. Then, when he had regained
composure, he explained :

“Pm William Adkins. She’s my wife
and I thought she was with Mabel or her
mother. Now she’s dead... .

“She’s been staying some of the time
with her mother and some with Mabel,” he
continued. “I didn’t know until this morn-
ing she was missing—that she wasn’t with
either one of them.

“T went to her mother’s and she said
she must be at Mabel’s, but Mabel said she
thought Annie Mac was at her mother’s.”

Here he stopped and introduced — the
young woman he had called Mabel—Mrs.
Mabel McCutcheon, who lived, he said, at
1903 Nineteenth Avenue, North, Birming-
ham.

“She’s a friend of Annie Mae's,” the
husband explained. “They have been
friends for years.”

There was a pause as Deputy Coroner
Parrish said, “Yes, go on.”

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AMERICAN DETECTIVE

“Pye been out of work and Annie Mae
has been staying part of the time at Mabel’s
and part with her mother—Annie Mae’s
mother—and father, Mr. and Mrs, George
Swofford, at 1908 North Nineteenth
Street.

“Today, at both places they said they
hadn’t seen Annie Mae since Saturday. 1
heard about a body being found out here
and so I came to see... hd

His voice trailed off. There was a sob.
The husband buried his face in his hands
and for a time wept bitterly.

“Maybe I can help you,” Mrs. McCut-
cheon said to Parrish and me. Her hand
was on Adkins’ shoulder in an attempt to
comfort the man. 7

E were somewhat startled by her
matter-of-fact announcement:

“First. thing,” she said, “you want
to get Connie Vaughan and Malcolm Mc-
Daniel. They’ve got a lot of explaining
to do. You've got to act quickly, so we'll
go into detail later,” she added bluntly.

“Annie Mae was with them at a dance
Saturday night. It was the last time I
saw her.”

] glanced at Mr. Parrish. Mrs. Mc-
Cutcheon looked as though she knew what
that glance meant.

“You know them, of course?” she asked.

At that moment Deputy Sheriffs Dewey
Rickles and Henry Holmes from our office,
came down the path.

It was apparent that Mrs. McCutcheon
knew what she was talking about. So,
without waiting to hear the rest of her
story, I called Rickles and Holmes aside.

“You know Connie Vaughan and Mal-
colm McDaniel?” I asked.

“Regular customers,” Holmes returned.
“They mixed up in this?”

“Evidently they are—think you can find
them?” I returned. I knew that if any of
the deputies could, they would.

From past experiences with Vaughan
and McDaniel I knew they had been in-
volved in automobile theft and whiskey
cases.

With Rickles and Holmes on their way,
Parrish and I gave our attention to Mrs.
McCutcheon and Adkins.

On second thought, however, we decided
to send for an ambulance and to remove
the body to Johns Service Undertakers in
Birmingham before attempting to talk fur-
ther with Mrs. McCutcheon or Adkins.
We told them we would have to detain
them for the time being, and then resumed
examination of the body.

Carefully we loosened the wire. A rub-
ber heel from a man’s shoe dropped from
under it.

At last! Something that offered itself
as evidence—the first of any importance
we had found.

Mrs. McCutcheon and Adkins looked on
as we examined the heel. Neither spoke.

We found no other clews.

The heel was worn so badly that the
manufacturer’s name was obliterated. Our
hopes fell, There was little chance of
tracing it.

We were still examining the body when
the wail of an ambulance siren broke the
stillness.

Through the woods came two white-clad
attendants from Johns Service. With a
nod from the coroner’s deputy the men

placed the body on a stretcher and headed

for the ambulance. .

, Adkins glanced at the body, but quickly
turned away. Aiding the blonde Mrs. Mc-
Cutcheon, he followed us to our automo-
bile.

There was only silence as we drove back
to the sheriff’s office.

Coroner Evans joined us at the court-
house.

Seemingly anxious to tell all she knew,
Mrs. McCutcheon slowly | unfolded the
events of the preceding Saturday night:

“Annie Mae went to a dance at the
Municipal Auditorium with Connie and
Malcolm,” Mrs. McCutcheon stated. “A
little before midnight we all met them, rid-
ing out to a barbecue stand on the Lewis-
burg Road. After a while there we all
went a little farther out the road to Green-
wood’s Roadhouse.

“After dancing a time Annie Mae said
she was ready to go home. I started to
go with them, but decided I'd stay a little
longer.

“Annie Mae got into the car with Con-
nie and Malcolm and they left. It was the
last time I saw her alive. Oh, if I- had
only gone with them it would never have
happened.”

She covered her face with her hands,
sobbing.

HROUGHOUT the recounting of the

events of that fateful Saturday night
Adkins had remained silent, still in a daze
over the shock of finding his pretty young
wife murdered.

“Connie had threatened Annie Mae’s life
if she ever testified against him again. You
know about the case,” she said, glancing
at me. “He was tried on an automobile
theft charge and she was a state witness.
Why she ever went with them I don’t
know. You remember—he got ten years,

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but the
been su:
trial,
“She
Seriously
drinks 6:
gone.”
Thank}
Tish, the
have to ;
a while.
When
he replied
“We a:
-told them,
here until
further,”
With th
Mrs. McC;
way, we tu
chicken wi;
The heel
of thousanc
to offer equ.
ing the mur
Neverthel,
tion of the
Been worn ;
Course, of ¢}
The chick
SIX feet Wik
used in build
for chickens
in the way ©
In the mea
from Deputie.
search for \
with their kr
two men we
bring them jn
Both Vaug!
known to the
through compl:
distilling “mn.
in the-hills of
and other chars
From attend:,
word that they
in Mrs, Adkin's
made by a smal
It was mittaai
Rickles returned
me Vaughan—t)
we knew—scow!
was docketed o,
murder, on
self,

aw
He Rave };

afternoon ‘
| and
tioned the tight-1
ie hills. And th
‘ re out the repy
aa teh a “tough ;
Vaughan stub}
with either of th
fcDaniel, cl |
wife and rel
In question,

. This made it all ;
¢ locate MeDanic:
us in the Mvestigati
In his thirties, with
More easily broken

hroughout the q
win shown tha;
Me aw enforceme:

= with a defense
our he sat, his blue

aimin;
atives

he

ering, his face he

mask, arin)


overdue.

parm OF

“pURITY, GUANA,

tase IN FORMAS

MAPANY chicage

ore

but the verdict was set aside and she had
been summoned as a witness in the new
trial,

“She must not have taken the threats
seriously. Then, too, she had had some
drinks or she probably never would have
gone,”

Thanking her for the information, Par-
rish, the coroner and I told her she would
have to remain at the sheriff’s office for
a while.

When we told Adkins the same thing
he replied, “I understand.”

“We are not placing any charges,” I
told them, “but it is better that you remain
here until we've gotten into this a_ little
further.”

With the preliminary questioning of
Mrs. McCutcheon and Adkins out of the
way, we turned our attention again to the
chicken wire and the rubber heel.

The heel might have come from any one
of thousands of shoes. The wire seemed
to offer equally remote possibilities in trac-
ing the murderer.

Nevertheless, we made a close examina-
tion of the heel. The outer surface had
been worn smooth, with the exception of
course, of the suction holes.

The chicken wire—nine feet long and
six feet wide —-was of the common. sort
used in building chicken coops or runways
for chickens and offered nothing of value
in the way of a clue.

In the meantime we had heard nothing
from Deputies Holmes and Rickles in their
search for Vaughan and McDaniel, but
with their knowledge of the haunts of the
two men we knew they would be able to
bring them in.

Both Vaughan and McDaniel had been
known to the sheriff's officers for years
through complicity in petty crimes such as
distilling ‘“moonshine”’—corn liquor made
in the hills of this section of Alabama
and other charges.

From attendants at Johns Service came
word that they had found a pistol wound
in Mrs, Adkin's back--a wound apparently
made by a small calibre bullet.

It was mid-afternoon when Holmes and
Rickles returned) bringing with them Con-
nie Vaughan- the same Connie Vaughan
we knew—scowling and sullen. Vaughan
was docketed on a charge of first degree
murder, on a warrant sworn out by my-
self. He gave his age as twenty-four.

HROUGHOUT the remainder of the

afternoon and into the night, we ques-
tioned the tight-lipped, unshaven man of
the hills. And throughout the grilling he
bore out the reputation he had long since
earned, a “tough nut to crack.”

Vaughan stubbornly denied having been
with either of the two women or with
McDaniel, claiming to have been with his
wife and relatives on the Saturday night
in question.

This made it all the more important that
we locate McDaniel, remembered by all of
us in the investigation as a wiry little man
in his thirties, with a front that might be
more easily broken—if he could he found.

Throughout the questioning of Vaughan
he had shown that his long experience
with law enforcement officers had equipped
him with a defense of steel. Hour after

- hour he sat, his blue-gray cyes never wav-
‘ering, his face bearing the appearance of a
a mask.

AMERICAN DETECTIVE

Having accomplished nothing in an at-
tempt to draw from Vaughan an admis-
sion of guilt, we turned him over to the
warden, directing him to put the suspect
in a cell for the night.

“We've got to get Malcom McDaniel,” I
told Holmes and Rickles. “If we do we
may be able to trip him. Otherwise...”

The two deputies, possibly the most val-
uable on Sheriff Fred H. McDuff’s force
in tracing down “moonshiners” and liquor
runners, prepared to leave.

“We'll get him,” they said. With this,
they were gone.

“Parrish,” I] said, “our job is to find
a shoe with one of the heels missing. the
shoe from which that heel came. One of
those men lost that heel when they were
trussing Mrs, Adkins up. If we can find
the shoe we've got something!”

We left for Fieldstown and Vaughan’s
home. His wife readily permitted us to
make a thorough search of his belongings
and go over the house. There was not a
shoe with a heel off. ’

F the heel was from Vaughan’s shoe

he had thrown the footwear away or
had disposed of it somehow. At any
rate it wasn’t like Vaughan to get trap-
ped by such damaging evidence as that.

It was almost 9 o’clock that night when
Holmes and Rickles returned. They had
made good their promise to get McDaniel.

For hours they had trailed him, just
missing him time after time. Finally they
located their quarry at a friend’s house at
Coalburg. McDaniel was sound asleep and
offered no resistance when the deputies en-
tered and awakened him.

In an anteroom at the sheriff’s office we
started questioning him. There were Cor-
oner Evans, Holmes and Rickles, Assistant
County Solicitor Cecil Deason, Parrish
and myself,

McDaniel had little of the self-confi-
dence that characterized Vaughan. He ap-
peared highly nervous and it) was) with
buoyed hopes of getting a confession that
we started firing questions.

In general McDaniel gave practically
the same account of that night's events as
had Mrs. McCutcheon, except denial of
accompanying Vaughan and Mrs. Adkins
in the car when they drove away from
Greenwood's Road-house.

“They went off together. I don’t know
anything else about it.” he whined, as he
avoided looking at us during the question-
ing.

An hour passed slowly as we grilled the
‘freely-perspiring suspect. Again and
again he denied any knowledge of the
crime, clinging to his original story of hav-
ing remained at the roadhouse. Time
after time he declared he did not know
where Vaughan and Mrs. Adkins had gone
after leaving him. And so we locked Mc-
Daniel up for the night.

Through past experience with Connie
Vaughan we knew that he did most of
his “trading’—purchasing groceries and
other needs in Brookside, another mining
community. There was a chance that he
had bought the wire there if he had furn-
ished the piece used in binding Mrs. Ad-
kins’ body.

Also there was a much better chance
that in such a small place one of | the
few merchants would) remember having
made such a sale than there would be if

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the

oved up one
overing theit
Lup body.
No one cor
> her identity.
nce—only the

mala

low

whisper-
ing of the
cool autumn
wind in the pines
_ bordering the mill-
pond. A perfect setting
for such a crime.
The mill-pond was. at least a, hundred
yards from the road and the murderer or
murderers apparently had had plenty of
time to carry out’ their fiendish plan.

The woman’s black hair was bobbed and
the wire mesh gave the appearance of a
giant hair net with a mesh of about two
inches in diameter. Jagged edges of the
rocks protruded from under the wire.

“Must have been killed and then bound
up with the rocks, of course, placed in there
to keep the body from rising to the surface,”
I said to Parrish.

The deputy coroner nodded assent.

“Bad guess as to how much weight it
takes to keep a body at the bottom of a
pond after swelling sets in, however,” he
said. ‘They must have thought the body
would stay down there, never coming to
the surface, with time finally wiping out
any trace of the murder.”

The dozen or more persons who_ had
viewed the body in an attempt at identificea-
tion again were huddled on the banks of
the mill-pond, still talking in hushed tones
—tones of awe at the baffling mystery the
mill-pond held in its bosom.

Above their almost inaudible voices rose
the whispering of the pines, swaying in the
wind that was now rising above the breeze.
The trees’ long limbs dipped and swayed,
their bunches of needles giving an impres-
sion of slender-fingered hands attempting to

Will Densmore, left, led
the authorities onto a

stone dam and

pointed out to them
his discovery in the

serene waters of
the old mill-
pond, Mrs.
Annie Mae
Adkins, the
victim,
below.

MURDER AT THE MILL-POND 67

tell in “sign language” the secret of the mill-pond.

It was a scene I shall long remember.

Now and then there were little ripples on the otherwise
smooth surface of the pond as some tiny fish rose to the
top to take an insect or nibble at some bit of grass floating
within reach.

At one end of the dam a small stream flowed from the
mill-pond, gurgling over limestone rocks, one of which,
bleached white, uncannily bore resemblance to a skull.

IJ all but shuddered. Year in and year out I have served
as a law enforcement officer, first with the Birmingham
police department and then with the sheriff's office, but noth-
ing ever struck me quite like this before.

Carefully we set about the task of searching the body for
any clew it might offer.

There was a commotion in the copse of woods through
which we had just passed in getting to the mill-pond.

‘ A tall, slender fellow, followed closely by a wisp of a
girl, was running down the winding path.

As he drew nearer we saw that his face

se was drawn with doubt and fear.

With but a brief plance at

us, he stooped over the

body. There was

a stifled cry

and he


70

the wire had been bought in one of the
hundreds of stores in Birmingham proper.

ITH this in mind, Rickles, Holmes

and I set out for Brookside. At the
first place we visited there was no recol-
lection of such a sale.

The next store we entered was one oper-
ated by J. T. Jones.

“Well, let’s see now. Seems to me I do
recollect selling Vaughan some chicken
wire,” Jones said in reply to my question.
“Tt was in the summer—in August—some-
time in August,” he added.

We showed him the wire taken from
Mrs. Adkins’ body.

“Looks like the same,” he said, adding
hastily, “but of course I couldn’t say for
certain that it IS the same.”

Here was another manifestation of the
general knowledge of Vaughan’s vindic-
tiveness. The merchant was willing to
give us what information he could, but,
and it was nothing but natural regardless
of Vaughan’s reputation, he did not want
to go beyond what-he knew for the actual
truth,

We knew ourselves, that no man could
positively identify the wire, in use for
months and without any definite marks, as
having been that sold to any certain per-
son.

Nevertheless, we were slowly building
up a chain of circumstantial evidence that
definitely pointed to Vaughan and Mc-
Daniel,

Before we left we located a resident of
the community, who admitted having been
a former partner in the liquor business
with Vaughan and who said that in the
latter part of the summer he had obtained
from Vaughan a small strip of chicken
mesh wire similar to that taken from the
woman’s body.

Then came Miss Eva McDuffie, of
Vieldstown, a WPA worker, who volun-
teered the information that she rode home
with Connie Vaughan one day last sum-
mer and saw a roll of chicken wire on the
bumper of his automobile.

Further strengthening the evidence as
far as the wire was concerned, we obtained
from Clarence Long, a neighbor of Vaug-
han’s, a statement that he had helped
Vaughan build a chicken pen with several
yards of mesh wire in the latter part of
the summer.

“But the chickens died and Connie took
the pens down,” Long said. We thanked
Long and told him we would Iet him know
if we would use him as a state witness in
the event the men were brought to trial.

From there it was only a short distance
to the house where Rickles and Holmes
had found McDaniel asleep. There we
were determined to make a thorough search
for the heelless Shoe and its mate. The
inside of the house revealed nothing.

McDaniel had been wearing tennis shoes
when arrested. Even “moonshiners” don’t
wear tennis shoes when dancing. Their
feet would never slide over the floor!

We started to leave the house when we
noticed it was built unusually high off the
ground, A man could walk under it with
ease by stooping slightly. So under the
house we went.

Playing my flashlight along the top
of a beam, I spotted a shoe, then an-
other. The second one was without a heel
and the heel on the other appeared identical

AMERICAN DETECTIVE

with the one under lock and key at. the
courthouse,

Hurrying back to the courthouse, we
compared the heels. They WERE identi-
cal. The one taken from Mrs. Adkins’
body fitted the right shoe perfectly.

With this evidence we confronted Vaug-
han. He vehemently denied having been
to a dance with the two women and Mc-
Daniel, swearing he had gone home early
Saturday night and had stayed there, ex-
cept for a time when he was out with his
wife, Mrs. Ruth Vaughan.

He declared he and his wife had had
supper at an aunt’s home and. that they
had left their four-year-old son with Mrs.
Vaughan’s mother.

“We did stop at Greenwood’s place a
few minutes on the way home, but I wasn’t
ever with them,” he said, ‘meaning Mrs.
Adkins, Mrs. McCutcheon and McDaniel.

“I was at home all night. I left the
house about 6 o'clock Sunday morning and
McDaniel came back with me.”

It was no good-—questioning Vaughan,
so we locked him up again and took Mc-
Daniel from his cell.

“You might as well come clean, Mal-
colm,” I said. “We've already found the
shoe the heel came from, and the mate
to it—-right where you left them when you
changed to those tennis shoes.

McDaniel’s face paled. He
down at the tennis shoes.

For a moment he stared at the floor, His
face was ashen. His lips twitched and he
whispered almost inaudibly :

“ANl right, I'll telk—-1’l tell you all 1
know about. . .

glanced

me

E were at Greenwood's Roadhouse
on the Lewisburg Road,” he began,
“Connie, Mrs. Adkins, Mrs. MeCutcheon
and myself. Connie took Mrs. Adkins—
Annie Mae—by the arm and led her to his
car. I followed them, thinking he meant
we were all going to leave and go home.
He told me and Mabel to come on, but
Mabel said she was going to stay. She
said she had somebody else to take her
home. So we left without her.

“Connie drove on down the road. When
we got almost to the mill-pond, Connie
turned off the main road and stopped the
car,

“Both of them got out and I stayed in
the car. They walked down toward the
mill-pond. I waited—it must have been
about thirty minutes—and then Connie
came back. Annie Mae wasn’t with him.
I didn’t ask him what had become of her
and he didn’t tell me.

“T didn’t know he had killed her though,
I swear I didn’t.”

“That’s a pretty good yarn if it's true,
McDaniel, but it’s not true and you know
it,” I said.

Again and again in his whining voice
McDaniel vowed he had told the truth—
had told all he knew, but it was entirely
too thin and we knew it.

Slowly the minutes dragged by. An-
other hour passed, and still he clung to
his story -insisting he had no part in the
slaying.

It was almost midnight when he jumped
to his feet tearfully crying out, “I helped
him—I helped him, but he made me, I
swear he made me!” ;

Then, brokenly, he gave what he claimed
was the true account of that fateful ride

and the subsequent events, shuddering when
he told of the actual murder of the woman.

“We left the road-house, just like I said
before,” he began. “Connie was driving
and after awhile he turned off the road and
stopped near the mill-pond.

“Connie and Annie Mae got out of the
car and I stayed inside. I wasn’t paying
any attention to them, but Annie Mae was
sitting on the running board. 1 don't know
what they were saying, but all of a sud-
den Connie shot her. Annie Mae crum-
pled up and fell to the ground.

“Leaving her there, Connie made me go
with him back to his house. He took some
chicken wire from around a tree and we
went back to the pond.

“He said he’d shoot me, too, if I didn't
help tie her up. Then he beat her all over
the face.

“My heel must have come off while we
were tieing her up in the wire. It had
been coming off before but I had stuck it
back on several times.

“We put rocks in the wire to hold her
down in the water and he kept on threat-
ening to kill me if I didn't help him get
rid of her, or if I told anybody.

“You can’t do anything to me--he made
me do it,” McDaniel blubbered.

HIS confession and implication of

Vaughn had been taken by a court
stenographer Deason had called when Mc-
Daniel appeared about to break. It was
signed by MeDaniel at my direction,

“Now let’s go to the mill-pond and see
if there’s anything you've forgotten,” 1
told McDaniel. Dazedly, he nodded assent
and arose,

It was a dark, cloudy night, like the
night of the brutal murder. I could feel
McDaniel trembling as I took him by the
arm and led him to the automobile in the
driveway just outside the sheriff’s office.

En route to the scene MeDaniel re-
mained silent. It was apparent. that he
was glad to get it off his chest.

Not until we neared the scene of the
horrible crime did he speak.

“Slow down now,” he said, “we're almost
there.”

I stopped the car and we got out.

The other deputies and | played our flash-
lights over the ground.

Brokenly, McDaniel volunteered, “There's
where he stopped the car.”

The spot was at the top of a little hill,
at the foot of which was the mill-pond.

“She was sitting like this,” he said.
“They began quarreling, but I didn’t get
out of the car. All of a sudden there was
a pistol shot. I jumped out. Annie Mae
was sprawled on the ground. Connie
cursed. ‘She won't tell on anybody else,’
he said.

“Then he said I had to help him get rid
of her, but I told him I didn’t want to
have anything to do with it. He threaten-
ed to shoot me if I didn’t. I knew he'd
do it too. And I knew that if we didn't
hide the body good we'd both probably get
mixed up in it, so I helped him get the
rocks.

“Then we took her down to the edge of
the pond and tied her up in the wire after
putting the rocks in there to hold her
down in the water.

“Connie stomped her in the face. He
said he wanted to be sure she was dead.
We took her to the middle of the dam and

you and
Rotten a
€ver find
There .
With ¢
Courthous,
aniel’s ¢
Vaugha;
have Welc
Out the ¢
that he wo,
. “Tt’s a G
his eyes fla
IS accuser.
fter th,
Oaths, he ig
a man unfit
Way whatso,
t was int,
Serve his uty
fairly well ¢
his denial of
“It's a fy
declared,
Can prove T \
OU can't pin

an
his

IS face \

Jury,

pesh wire to

ohns, under

. t k 3
cores testified :
Crush, .
back, ed skull

body tren
what he would

MeDani
amtel hy
on him, =
We pl
core ‘p
Our Next moy
ad already tol
ie Not remain
. Ne tragedy ¢
tim of such a
Plainly on his fa¢
at a smile as he
When yw

tones as he left,

ave oc

Just nine fi
d

ee found j the at

ill-pond, Vaughan

und over to the Je;

" :
veral Witnesses, j,

r, Were
Mrs, Adj,
and had


Alabama man executed for
1982 killing

By Garry Mitchell, Associated Press,
01/10/97

ATMORE, Ala. (AP) - Condemned killer
Billy Wayne Waldrop smiled and sang
"Amazing Grace" just before he was
executed in the electric chair early today for
shooting a 72-year-old man during a 1982
arson and robbery.

Just hours before Waldrop, 44, was killed
he professed his innocence and Christian
faith on a radio station.

When he was strapped into the electric chair
just after midnight, Waldrop sang
‘Amazing Grace" and waved to a minister
friend in the witness chamber.

Waldrop was put to death at Holman Prison
for the murder of Thurman Macon
Donahoo.

Donahoo's burned body was found in the
charred ruins of his 100-year-old home after
a robbery and arson in which $130 and a
5-carat diamond ring were stolen. He was
fatally shot in the head before the fire was
set.

With Christ as my witness, I did not take
this man's life," Waldrop said in a interview
taped and aired on Christian radio station
WDIC of Birmingham hours before he was
executed. *‘For the last 11 years I have
devoted my life to serving Christ."

Waldrop has long maintained his innocence.
At his 1983 trial, jurors heard a sworn
statement in which he said he took part in
the robbery and arson with William Eugene
Singleton and Henry Leslie Mays. In the
statement, Waldrop claimed Singleton shot
Donahoo.

Singleton served 10 years for conspiring to
burglarize Donahoo's home and was paroled
in 1994, Mays died while awaiting trial.


Subject: Florida DP

i, 10 Jan 97
Long-time death row inmate loses appeal ite

TALLAHASSEE, Fla. (AP) - Eighteen years after Eatonville postmistress
Catherine Alexander was robbed, held captive for 80 hours, fatally stabbed
and run over, her killer lost an appeal Thursday to the state Supreme Court.

Florida's high court also rejected an appeal from a ath row inmate
condemned for the 1981 murder of a West Palm Beach man.

Linroy Bottoson, 57, is on death row for the 197% murder of Ms. Alexander,
74, but he holds no records there for longevity/ Several condemned killers
are still alive more than 20 years after the rders that sent them to death
row. At the top of the list is Gary Alvord, o strangled a Tampa woman, her
daughter and granddaughter in the summer of A973.

The details of Bottoson's\crime were inclyded in a 1996 opinion by the state
Supreme Court rejecting an\earlier appea

"He held her captive for three days and at least part of the time confined
her in the trunk of his car,\ the high court wrote. "He then stabbed her 16
times and finally ran over he is car. He admitted to the murder to

more than one person."

Bottoson, black like his victim,
In his latest petition, he argue
ineffective counsel by failing
let prosecutors dismiss a blac

as convicted by an all-white jury in 1981.
that his appeal lawyer gave him

argue that the trial judge was wrong to
from the jury pool.

The high court rejected that Argument in an unsigned opinion fully supported
by five justices. Chief Justice Gerald Kogan and Justice Harry Lee Anstead
concurred in the denial of Bottoson's petition but not the opinion.

/

Bottoson was scheduled for’ execution in April 1990 but won a stay.
in the other case, Jerry Leon Haliburton) 42, was sent to death row for the
murder of Don Bohannon,/ who was stabbed 81 times during a robbery of his home.

Haliburton's first coriviction was overturned by the state's high court in
1985. The U.S. Supreme Court vacated that Yecision and told the Florida
court to reconsider /the case. But in its segond review, the state court said
that police failure’ to tell Haliburton a lawyer wanted to speak to him
violated his state/constitutional right to d process of the law.

Haliburton's secomd trial, however, also resulted in a conviction and death
sentence, which the state Supreme Court upheld.\ Haliburton was scheduled for
execution in March 1992 but won a reprieve. In ‘December L993, the trial
court rejected his appeal.

That ruling was appealed to the state Supreme Court, which upheld the trial
court in an unsigned unanimous decision.

(Copyright 1997 Associated Press)


FAGL e. dybh pun Ay

ALABAMA/Y

Friday, January 10, 1997
ry

‘Friday morning execution set

_after Supreme Court rejects plea

h By Garry Mitchell
i, Associated Press Writer

'  ATMORE — A three-time mur-
 derer condemned for killing an
' elderly man in a 1982 robbery went
' on the air Thursday to profess his
‘ innocence and Christian faith just
' hours before his scheduled execu-
| tion.

Billy Wayne Waldrop, 44, of
' Anniston was to be put to death at
|

\,

\

|

1

t

\

Holman Prison at 12:01 a.m, Friday

for the 1982 murder of Thurman

Macon Donahoo, 72, of Alpine.

His final request for a stay of exe-
_,cution was rejected at 8:30 p.m.
= Thursday
mt Court.

# Donahoo’s burned body was
®* found in the charred ruins of his 100-
® year-old home after a robbery in

by the U.S. Supreme

* which $130 and a 5-carat diamond.

» ring were stolen. He was shot in the

e head before the fire was set.

* “With Christ as my witness, I did

¥ not ‘take this man’s life,” Waldrop

® said in a interview taped and aired

= on Christian radio station WDJC of

; Birmingham hours before he was to
die.

~ “For the last 11 years I have
devoted my life to serving Christ,”
said Waldrop, whose supporters
asked Gov. Fob James for clemency
on the basis of the inmate’s prison
ministry.

James issued a statement Thurs-
day afternoon denying clemency,
saying Waldrop’s case had been
reviewed by 67 state and federal
judges.

The Supreme Court was the last
judicial body to reject a plea, issuing
its denial a few hours after the 11th
Circuit Court of Appeals did the
same.

Earlier, the Alabama Supreme
Court turned down Waldrop’s own
plea for a stay by an 8-0 vote, and
Donahoo’s widow was ready for Wal-
drop to be put to death.

“The sooner the better. He’s just ”
a born Killer,” said Julia Donahoo,
86.

On Thursday evening, Waldrop
had final visits from Sharolyn South
of Pensacola, Fla., the daughter of
his ‘spiritual adviser and identified
by. Waldrop as his fiance. His moth-
er, Frances Schock of Bynum and a
brother, Tommy, Norman, also ‘said
goodbye.

Waldrop gave his personal pos-
sessions to a fellow inmate, and ate a
final meal of steak, onions and baked
potato, salad and chocolate cake. .

Holman spokesman Charlie Bodi-
ford said Waldrop refused to accept
that he would be executed, saying
his faith would not allow it.

Two members of the victim’s
family were scheduled to witness the
execution — the first such arrange-
ment under a 1996 law. Warden
Charlie Jones refused to identify the
family members.

In his radio interview, Waldrop

said his life changed after he
became a Christian in March 1986.
Prison officials said Waldrop was a
persistent discipline problem until
1993.

“Donahoo was slain less than two

years after Waldrop finished serving
7/2 years for the 1973 torture slay-
ings of two men in Calhoun County.
His initials were carved in at least
one of the bodies.

The U.S. Supreme Court had
rejected two past appeals from Wal-
drop, and a judge in Talladega Coun-
ty, where Donahoo was killed, twice
refused this week to block the execu-
tion.

A supporter called Waldrop a
“spiritual leader” of death row.

“Billy is a man who, in our opin-
ion, clearly exemplifies the spirit of
Christ,” said Dennis Devane, one of
15 people who met with the governor
last week seeking a reprieve.

Waldrop has long claimed he was
innocent of the Donahoo murder. He
lost nearly 50 pounds during a three-
month hunger strike in 1986 to
protest his conviction.

At his 1983 trial, jurors heard a
sworn statement in which he said he
took part in the robbery and arson at
Donahoo’s home with William
Eugene Singleton of Talladega and
Henry Leslie Mays of Anniston. In
the statement, Waldrop claimed Sin-
gleton shot Donahoo.

Singleton was convicted of con-
spiring to burglarize Donahoo’s
home and served 10 years on a life
sentence before his parole in 1994.
Mays was captured after Waldrop’s
conviction and died while awaiting
trial.

As of Thursday, there were 159
prisoners on Alabama’s death row,
including Waldrop and four women
inmates.


James,

THE ASSOCIATED PRESS

» . ATMORE — A three-time murderer, con-
demned for killing an elderly man in a 1982 rob-
bery, went on the air Thursday to profess his
innocence and Christian faith just hours before
his sckeduled execution.

Billy Wayne Waldrop, 44, of Anniston was to
be put to death at Holman Prison at 12:01 a.m.
today for the 1982 murder of Thurman Macon

Donahoo, 72, of Alpine.

~ charred ruins of his 100-year-old home after a

-ring were stolen. He was shot in the head before
the fire was set.

“With Christ as my witness, I did not take
this man’s life,’ Waldrop said in an interview
-taped and aired on Christian radio station
“WDJC of Birmingham hours before he was to
die.

————

court deny attempts

“For the last 11 years I have devoted my life
to serving Christ,” said Waldrop, whose sup-
porters asked Gov. Fob James for clemency on
the basis of the inmate’s prison ministry.

Gov. James issued a statement Thursday

- afternoon denying clemency, saying Waldrop’s

case had been reviewed by 67 state and federal

judges. .

Waldrop also filed motions seeking a stay, but
the Alabama Supreme Court turned it down 8-0,
and Mr. Donahoo’s widow was ready for Wal-
drop to be put to death.

“The sooner the better. He’s just a born kill-
er,” said Julia Donahoo, 86.

In the radio interview, Waldrop said his life
changed after he became a Christian in March
1986. Prison officials said Waldrop was a per-
sistent discipline problem until 1993.

Mr. Donahoo was slain less than two years
after Waldrop finished serving 71/2 years for the

SECTION

FRIDAY
January 10, 1 997

MONTGOMERY ADVERTISER

to halt execution

1973 torture slayings of two men in Calhoun
County. His initials were carved in at least one
of the bodies.

The U.S. Supreme Court rejected two appeals
from Waldrop in the past, and a judge in Talla-
dega County, where Mr. Donahoo was killed,
twice refused this week to block the execution.

A supporter called Waldrop a “spiritual lead-
er” of death row.

At his 1983 trial, jurors heard a sworn state-
ment in which he said he took part in the rob-
bery and arson at Mr. Donahoo’s home with
William Eugene Singleton of Talladega and
Henry Leslie Mays of Anniston. In the state-
ment, Waldrop claimed Singleton shot Mr. Do-
nahoo. Singleton was convicted of conspiring to
burglarize Mr. Donahoo’s home and served 10
years on a life sentence before his parole in
1994. Mays was captured after Waldrop’s con-
viction and died while awaiting trial.


>

4 the’ final-death march to: the. aa) Ows,,

| gulity one, ~ He knouwed Hothing abou
Hit. He way At home on the second
,. Saturday of April, down with Neuralgia,

ste knowed nothing about ifunuil a:

told him that"t- had WHS Rr OHtiE in
‘the: woods between his house ani the

- Commissary. and taken his money (arm!
AM got -
p AWay.’--—J-Jere home-and rene to Hire;
Pinlugham. whore UP reasalned Una 6

ihim, and 1 sata “NOW father f-

Le'elock> the Next-day: then py

/ train and got off at Maplesvithe ana
Walhet to Vlantersyi te, There Lomet
my cousin and Went ts Dallas aunty.

4 : Mined unull the sheritf yr.

fterted, Tyee | hope wVery one Wall tree g

1 Ueve ne for thle in nix dying toscana. .
—Wal and every ward OF st in the truth,

nee a

Lee you all wi teinember my pode”

OM axed father who' Is Innowent and ts
J rerving lite Imprisonment, Ne

—— “Very truly. ¢

| (Slanady _° “seyty WALKERS)

. Death in Eieven Minutes, - |
» Exactly eleven minutes after the:
trigger was puller gt lest Walior Was!
declared deay - It was to: qy When fpr,‘
> E.On NT armrest
band sald:

RT Te anderta ker:
Art hay reared to:
Tbewt,! “ 7 {
1 Dr, Odom ASS] Afe) by {e--p,- Ke
, MeGehee, who ts alsy a Justlde’ of the)
| peace, ; ,
' In this connection it ‘WAN A peculiar |
itolneidence that "he should be called |
Fonte examine the body after Cropped !
) frm the seaffold for the reason that i
Mim. Walker, Jr was Klven a prelfint. i
whary trlal before Justice McGehee, the,
‘same man who acted as Phystelan to-
day. te a
Thera was'not a hitch in the execu.
tlon. aOne minute after Walker fin-
Ished his confession he fell through the
{rap which sent him Into pternity, It
. ‘wa 0b 80 when Den ulles Curl and Cole
bexan to tle the ropes and adjust the
black cap, One minute later the trap
‘|. Was sprung, -, wee
f - His Lagtpygth,. ac
After eating heartyy of a spectat
break fast which, was prepared for him:
Al 8-o'clonk thig morning, Walker was
earrled to the bath room, Where he Pht,
On a-sult of. bldck flothes and a palr of
patent leather slippers. ©. After’ taking
hig laxe hath, tie-was escorted to-a room
Jin the old fall, Where he met. fot
prédehers, They -were the, Rey, War-
ren Rogers, the. Rev, JU! Lotton, the
PRev, BP, ‘Woolen; 'D,. b., and the Rey,

J.B, Gardner, ,. ao re
—It-wiw-9- ' hen-the-reiiglous!
service® began, and ‘they -lasted, until.

which was . placed ‘In; the back | -jali:
re ST OK nie) Bade oe Sree | at} wed

“This te the last { Want to say js:
my father WhO T sald was With me ts;
Innocent anid {3 Wrong fully being pune >
Inked, and | hope thar the State wil) tres |
{with fim And release him as 1am the:

then ow:

é

— wee yee ®

= EEN: % 5 > she new jai” . -
ar May o'clock Cblet Deputy Ati
Stradford stopped “the ek. ¥
“nough to read the death w
enous! The Negro Game. vy
“The negro’ was ‘gatunto: the Ae.
last. , While he was its. rll Abie
‘rowd from. the “gallows , ne at
flisched and df there:was : cer ers
the muscles. these was, no . .
fear in. hin voice,
gehen. the tis phe ee
the nexry preachers asked ‘ Tented
tf of questions; tw which he use.
ne ‘lear, distinet, manner, vege cen
a" th ’ show signs of emotion, nde
a been the: written. confesslin wh ;
ben hig, presence beforé he A iiaanie
rote, in the, old pe at niteett=
edie
te ea Tatts about temporal as}
nin a
be i sees Peas Present. ore
Although thee juall yard viel rhe.
fortably filled “with a mts
pest of. order was reserve ogee
Pinson and Warden cand gia ee
ther attendants at the jall,. h so
eae bu ‘but they managed _
fore without achitel: ~All the’
sére locked ‘up in cellsto-prec pihrea
crema bity of any ..of them Bie
mised up with the eruwile, a i ee
this’ the jall corrigor and za) i :
nfo those holding cards, oe auth
‘een Buried by His People. ah
After the negro was: nronguncss'
Thode was turner ve
Tine taty Fe Waslecta kee, who i Any
i. re it for burkal. Het wis author ot
oi k after the benly by relatives lik
7 nee who will see Uthat the body
‘ive a oper burial. ; 1
7 We ecunty Physician eee ide
The presence of Dex. ate “ ies eer .
clon tn att official cnn) sledviuey. |
to the fact that Dr. W. . “ wey
the eounty it beeping neh aie i Ae
st before Une. exee ‘ hin ;
ee Cause, A deputy 7 agent
there was’ a physfefan ty ot atin “it
and Te two doctors mentlot “

‘

Kervices |

~

sponded. + - .


a ANG 2D L¥OR, LTR” THE: “MURDER or

~

~
we

Negro. Confensen to the Crime ans Pro- )
, Fenees Readiness to Meet Deathe: ae,
av Search for a Kidnapped | Ga
aS meee fh Chae es a ore

MS

ee oe :
“Birthugham, March 9. tapectab ce
Shin. Walker, Jr., 2 segro 17 years of.
‘age, was hanged In the county jail yard
this: morning for the murder. of .W.. D.
Hill, a white merchant ‘of.. Smythe's
Mines, * nine. nitles south: of the: city,
about a year agd. The negro:-made ‘h
full confession on the: gallows,’ saying
that he kilted Mr. Hill:alone and rob-
bed him: of $22.15.:.. He stated that he
went to his home: after’ killing Mr. Hil.
and ftolé his, father about it; that: his.
father brought him to Birmingham, and
afterwards sent him to Maplesville,
from which place he went >to: Dallas |
County, whore he was arrested. 8
The.drop:fell at 10:31. o'clock and in

eleven minutes the negro was declared
dead, Then, 80Me€. tfvadis \. was! CAPES

rienced in ‘ge etting the rope from. around
the neck of-the dead man,. no less. than
‘five minutes”: » ime being’ consumed: an
.this task. p00.

i After. ‘mounting ‘the: scaffold « with
several. - colored: ministers -and.- two
députy sheriffs, Walker. handed: a: ‘note
to one of the ministers): Itcwas a- fun

confession “of (ithe. crime, ‘The negra}

minister attempted to read the note, but

could nat,.and them Walker’: said he

would‘, tell: the ‘people himself.” what.

‘was fA the sanie. “He sald. that. ne: amet

Mr. Hill, his victim, on .the road and dep
liberatély killed him.” Ho said that his
father,’ who was. sentenced to fe. jini
the penitentiary, was not present. at

the time of the killing nnd knew noth:
Ing‘ of it until he, the: 80N,. returned

home and told about it:.

The ueual crowd witnessed. ‘ihe change.
ing. a number of négroes being per-
mittéd inside the jail. yard for. effect:

‘The aégro looked as young as he claime

ed to be. After the hanging, the body.
was turned over to relatives, who. asked.
for it, that they might: give.a: ‘decent
Durlah:: ‘The negro,’ before: the black:

€ap Was. adjusted, sald, “I killed “Mr.

Hill and: am ready” to BO. ‘to. the’. others,

world.’ |


4 VA LAER ;

Jim, Jr blac}
9 ack A 2eG 33
, hanged Birmingham, AL 3/9/1906

eT

a
x.

wee: ———=

‘PAD THE PEAALT
THE GALLO

jeemisnnpenpoesloacces “*

Jim | Walkor-idr.,” Nogro
Hangod in Jail Yard e
a For Murder.

: ’
fo et ; i:
we?

=
cra

?

Ha

. ."

i * ee oer
FCONFESSED

‘

“TO STHE «6

RIMES

te,
ot

Told How He Shot W. D. Hill, a White.|
) Mihide |

7 wai a Robbed Him of Twenty
“Two Dollars, Said His Fath:

oer Hid Nothing to Bo With’ ~->
the crim
‘ ¥,: tes ony pn +
ae oe ee a

| ¥ 1, at a pm Suan yo
Ciitor re pie minutes “after. Jim
er, Jr, who wax. h
, Wit ap ‘
a We the wountly jail at tral bs hi
Pahoa pst itt dead, the dafcauthuel- ,
Fone ¢ eounahle ty, remove the?) vy
eee hg? uround hig neck,’ icles rtd
‘ : . . : .
Tair, rm nen Hebd the body fn th
ae the ss eputlés worked any pull 1
[Bhs ie hangman's knor ‘tying m
{mu well iat oe oe done fts ak :
‘She stem’ Hedree. 9 ee xe abogt
° ry * Lt . 2 if '
lrelax one inch. . Ree lite ta’
sulling + anil’

|
'
@

rtwistlig aCit tora
= slowly One, adie minutes it
2 _ lee ¢ eath oud
je victim: grip
ities TH e-news 7 pela cl
ee efhough to permit its 1 FEAT sa

\

ve
i fession
jorreh
‘well.
vof the
\ was "a
i fold.

\ ror 4 (iret Uiime

There were O homer OL Tg bets
4 * x

q un pt
hiefy which was Waiker’s dy tis con:

‘Owing tae the fet that the
T lesugnated to tead the fares
Sane vould not interpret yume

entences, thie condenmed peer:
lowed to sped

on cena that he,
murdered Wilham 0. Vill, and i
eatnee bis arrest and .
convielien Walker wmitted that he

robbed Mr. Hill of g22.15.,
The dna told substantially the |

same acts contained fn the written |
statenient. - |
Written Confession. -
The} following {8H ceDy verbatim yt
Walkér's written confession:
9, 1908. |

alone,

“ibriningtan, Ala., Mareh
“Sih, Walker KIM William 1. Tt by
trig him with w RUN, "So Burry
y did him like b ate. Now: they,

oy what f have |

shos
that
Lard jhate forgive me {
done Aer killing Him, and (aking oe
and Ih cents from him, MY ‘tnther $8).
rHOt pillty tae had nothing do do with |
ir and why | miuiel the Weal nomething te \.

do, wit it qaneant—Cull sated mip tather |
turn! mé up and pean —RoTTY sthatc ht
takeb Mr. Utttl's re. °c} taken huiny!
trom| hie cYildeen and lett them
without a rather ag Mather. Lath sore
font! KAN) hin, ut
r . and { am gon
> ¥ will: Mr. uid am

1 do hope this:

reat. 5
willihe to fie for it
will bea warning ta 8
bigek. apd neves tak at wh
| cannot give without
‘ Jenna. : . Pe . . i
| a es not have no reasun to hill Mr.
y PUNE tor. Dear ones, you yee how Taum.'
‘tf oanv here leit alone to dangle ad thes
for the erin I have |

\ ened of this reper
done. old untradis sl) the way

through about | Mr. bill's deaue met
Tthis in all l wilt say, | am going to reat, |

\ good-bye te all, -


>

o-

dn the inind of -the jury, and his pun-

‘ite. ‘The old man tg now serving time

The Crimes

The crime foc which Jim Walkér, Jr.
Wad executed today ocenvred) an the
second’ Saturday of April, 10s, less
than one Year aga, The Wody af Wil-
Haunt D. Haj) was found detsad in at lonely
path leading from his heme to
Smivthe'a Commissprs, witch Ts ahont
titre dnblern Crome Ebrabiahada, Laven,
Ucntlun tel to the ne pest of Jim Wale
her, Sr, and Jiu Walker, dr, father |
and son. Although charged with anur-
der dn the same tngieymeat, the men!
Werte given separate trials, the, junior f
Walker belgg UTed frat)

During the trial of, young Walker,
which resulltd in a verde of guilty
on January iv, this year, he sald his |
father forced him toceommit- the deed.’
The next dayeurter the sfiry had found
him guilty and fixed his puntshment-ati
Weath, the’ dentoe Walker was: placed |
on trlal. Thesernr wah plate witness”
but refuted, everything: he told at hin}
own trial. and sald his father dh not
force bimto fire the fatal shots, ,

‘The urlalot o}d man Walker resulted. ‘
In w verdict of guilty, but the non’s)

,

atutement seemed to have lett a doubt

Intiment was fixed at imprisonment for

in the dyines andt_was for his Nberty
that Jim Walker, Jr-made a plea be-
fore he'was hanged today.

~~ . ° ’ 7, . e

4-1) 4 e

a


ed to Birmingham that evening. Why
would Lola Greenfield, an old and close
friend of the victim, lie about the activi-
ties of herself and Mrs. Adkins on the

night on which the murder was believed.
to have taken place? Was it possible,

the deputies asked themselves, that she
was attempting to cover up some other
man, the real killer? i

“I think we'd better tie up some
other threads before we start to accuse
her of misleading us,” Peveler said.
“Holmes, you and Rickles start out the
first thing in the morning to see if you
can trace the sale of any chicken wire
recently. That piéce she was wrapped in
was new, remember. I'll talk with the
folks Mrs. Greenfield and Mrs, Vaughn
sav they saw out at the cafe.”

A report that night from the Bir-
mingham police laboratory served fur-
ther to clear young Lardner ‘in the slay-
ing. A careful examination on his car
had revealed no trace of blood. Thus
it appeared, the recent cleaning job
done upon the machine had not been
for the purpose of eradicating any tell-
tale evidence connected with the mur-
der.

a
Dy 94.8

Mrs. Jim Franklin went out of her
“way to help the county officers.

The following. day Deputies Holmes
and Rickles started north from Bir-
mingham, canvassing hardware dealers
in small towns in the general vicinity of
Mineral Springs, One storekeeper in
Brookside recalled the purchase of
twenty-five feet of chicken wire only a
week earlier, And the man whe had
bought the wire was Connie Vaughn!

The two officers went directly to
Vaughn's home and faced him with this
information. He admitted the purchase.
“1 aimed to fix my chicken run,” he
said, “but I didn’t get around to it.
Then Pete Bixler wanted some wire for
his own coops, and I sold him the
whole roll.”

Holmes: and Rickles. drove to the
nearby home of Bixler. He had, indeed,
bought the wire from Vaughn only a
couple of days before. It still stood in
his tool shed, and. he showed it to the
officers. -

Chalking up as a mere coincidence
the purchase of the wire by a man
already involved.in the killing, the two
officers resumed théir visits to hardware
stores, but found no other recent trans-
action involving that type of wire net-
~ ting. ike :

EANWHILE, Deputy Peveler talk-

/ed with several persons who had.
been in the cafe on Saturday night.
None had seen Vaughn in the place,
but two had observed him sitting in a
car outside at about 11:30. Others had
noted McDaniel’s presence in the place,
but none could say he had had any
feminine companions. Several witnesses
remembered that Mrs. Greenfield had

later was to be one of the deciding factors leading to his arrest and conviction.

been in -théere but none would say she
had been with either McDaniel or Mrs.
Adkins.

About the only definite information
the officer could get was that Annie had
struck’ young Lardner with the bottle.

‘It happened. just as I was leaving,”
one young man told Peveler. “I saw the
cummotien and stopped at the door to
watch. I knew the filling station down
the road closed at midnight on the but-
ton, and I didn’t have enough gas to
get home. By hanging around to watch
Annie lay that bottle across Freddie's
scalp I missed getting my tank filled.
I had to borrow a‘ gallon out of a
friend’s car.”

When his partners returned to report
failure’ in their search for a clue in
the chicken wire purchase, Peveler was
far from being dismayed.

“What I was told out at the cafe,
and by other witnesses,” he said, “just
about. knocks Malcolm McDaniel’s alibi
into a cocked hat. He told us he’d heard
about Annie’s battle with Freddie Lard-
ner. But he said he left at around a
quarter of eleven. Annie and Freddie
did not get into their quarrel until mid-
night.”

They returned to the Franklin home
in search of McDaniel, but he was not
there. Mrs. Franklin, still trying to be
helpful, said he had gone into the vil-
lage and was expected back moment-
arily. She invited the officers to enter
the house and wait. :

“I'd like to see every pair of men’s
shoes in the place,” Deputy Peveler

’ told her. The woman looked at him

strangely, as if the officer had suddenly
taken leave of his senses, but then she
shrugged and went off to fetch the foot-
wear,

She returned with several pairs of
shoes. Peveler sorted through them, and
suddenly arose, holding one black ox-
ford in his hands. Caked with red mud
from the Alabama hills, it had ‘no heel.
Protruding nails showed that the heel
had. been wrenched off not long ago.

Peveler drew from his pocket the
worn rubber heel found with the body.
It fitted the shoe exactly. Moreover,
the rubber heel on the shoe’s mate was

_ worn to the same degree as that the

denuty possessed.
Mrs. Franklin said the heelless shoe

belonged to her young nephew, Mc-
Daniel.

The officers waited until he returned
about half an hour later. They showed
him the shoe and the heel, and told
him where they had found the latter.
He paled, but said nothing. Then Pev-
eler accused him of lying about the
time he had been at the cafe, pointing
cut the discrepancy in the time element
of his alibi with the actual facts sur-
rounding the fight between Annie Ad-
kins and Freddie Lardner.

“We're arresting you for the murder
of Mrs. Adkins,” Deputy Peveler told
the youth.

“No!” came the swift protest. “No,
you can’t pin this on me. I didn’t do
it. It was Connie Vaughn.”

Once he had made the accusation,
McDaniel was willing to tell the whole
story. He and Connie, he related, had
met Annie Adkins and Lola Greenfield
in Birmingham. His story dovetailed
with that told by Mrs. Greenfield.

N RS. ADKINS left with him and

Connie at about one o'clock on
Sunday morning. They drove out near
Bain’s Lake, he said, and there Connie
began quarreling with Annie.

“He was sore at her because she
testified against him at that trial for
stealing a car,” McDaniel said. “He had
threatened her then. He said, ‘There's
a woman who will never testify against
me in court again.’

“Well, he started calling her names
in the car, and they had quite a row.
He said she was a rat for squealing on
him in the car deal, and he was going
to make her pay for all the time he’d
been in jail because of her.

“TI stopped the machine, and they got
out. There was a shot, and then Connie

came back and said he’d killed her, and.

we would have to get rid of the body.”

and that he had had no part in the
murder. At least half of this disclaimer,
the officers knew, was untrue. How could
his heel have become entangled in the
wire netting unless he aided in sinking
the corpse in the lake?

McDaniel was questioned time and
again. but would not admit to any com-
plicity in the crime. He did, at length,

change his story to say he had actually:

seen Connie Vaughn shoot Mrs. Ad-
kins, but he would concede no guilt on
his own part. '

Vaughn, when faced with McDaniel’s
statement, raged against his erstwhile
partner in the moonshining business and
denied any part in the slaying.

“Maybe that punk, McDaniel, kiHed
Annie,” he said, “I don’t know, but
I wouldn't put it past him. But I had
nothing to do with Annie’s death.”

Deputy Peveler said, ‘You bought
some wire like that found around her
body, only a short time before she was
killed.”

“Sure. I told you fellows that al-
ready. I sold it to Pete Bixler. I can
prove it.”

“Yes,” Peveler agreed. “He said so.
But I’m arresting you, anyway, Connie.
I'll find out later about that wire.”

The officers knew their case against
Vaughn needed bolstering, but they did
not see where supporting evidence was
to be found.

“We'll backtrack over the whole
case,” Peveler announced. ‘He must
have slipped up somewhere.”

Finally the officers came back to the
merchant who had sold Vaughn the
wire. His records showed that exactly
twenty-five feet had been purchased.
And Peveler and his partners knew that

Bixler had bought the wire from
Vaughn.
Nevertheless, they revisited Bixler.

For the second time he showed them
the roll of wire netting, still unused.
Peveler examined it closely. He noted
that one end had been cut with a dull
pair of nippers. Ragged ends of wire
seemed quite familiar . . .

“Get me a measuring tape," he or-
dered brusquely. It was procured, and
the wire was unrolled. The deputy be-

“gan measuring. When he had finished,
However, McDaniel insisted that he’;
had not helped to dispose of the corpse, :

there was a grin of triumph on his
face.

“There's our proof,” he said. “Pete
thought he was buying twenty-five feet
of this wire—the whole roll, just as it
was sold to Vaughn. But there are only
seventeen feet of wire here. And the
piece wrapped around Annie Adkins’
body measured just eight feet—the dif-
ference between this and the twenty-

(Continued on Page 32)

23

Ce:

wf
Vio WOOL N 9 wd

a

y " a a - \
id Ay Vily a oe Or We (J Ei 1 ) NOV.

CONNIE VAUGHN had a
bad repufation, but he swore
he knew nothing about
the Annie Adkins murder.

By |.EE DOYLE

a A STILL hasn’t come home,” said
M Mrs. Jim Franklin nervously, “You
e \ better find out what’s happened to
her, Dad. I had a dream last night——”
“Aw, you're always havin’ dreams and
seein’ visions, Beryl,” scoffed her aged
father, William Densmore, known as “Uncle
. Billy” by the younger residents of rural
Mineral Springs, Alabama. “Ma’s all right
or we'd have heard something from her.” —
“But I tell you something’s happened! a Cie
know, because last night I dreamed about eta mu
a body in Bain’s Lake. Ma’s palsy is so bad she might have
fallen in the water as she passed by on her way to Aunt
Jude’s. Why don’t you go over there now and make sure

aT

nothing has happened to her?”

Mrs. Franklin sat on the broad front porch of her frame -

house, shelling black-eyed peas as she argued with her
father. The day was Wednesday, September 9, 1936, and
one never to be forgotten in the annals of Alabama crime.
Still grumbling, Uncle Billy climbed down from the
_ porch, shooed an old hen out of his way and shuffled off
down the red gravelled road toward his sister-in-law’s
residence, which topped a rise on the other side of Bain’s
Lake. By
Although he habitually scoffed at his daughter’s super-
stitions, he was inwardly perturbed this morning. He, too,
wondered why his wife had not come home. from her.
sister’s the night before as she had promised. He hadn’t
thought about the dangers of the lake. He had been a fool
to let her go alone, ailing as she was.
Uncle Billy quickened his steps. In a few moments he
was within sight of the lake, whose waters ‘were shimmer-
ing in the morning sun. The beauty of the lake, with its
fringe of tall pines and spreading oaks backed by steep,
rocky bluffs, never failed to arouse Uncle Billy’s admira-
tion. - Beas
- But this morning the scene left him uninspired. And the
apprehensive mood evoked by his daughter’s gloomy

—— oe —
- conse ‘ear
2, A a Yee

prem eT NRHA TMNT CN

a gorgeous, flaming red.

SG LPO PEAR LAS

eer PRM OTE

wat

IN LIFE, red-headed Annie
Adkins was known as a:.
frivolous butterfly. Was her
} slaying the result of a”
spurned lover's hatred? ©

enry Hol:

‘ Las gators, arris

: 5 ss more than {
prophecies, changed to genuine terror as he glanced at tions and g:

- something on the surface of the water. He stiffened, ing on top «
stopped and. clenched his gnarled, vein-knotted hands. = =§ = The sher
“God in heaven!” he cried. : “unnecessary

“With a fearful constriction around his heart, he stepped crowd woul

nearer, rubbing his eyes to make sure he was seeing aright Beryl F:
Beryl’s premonition had been correct. For there on the sound at he

suriace of the water lay a horrifying thing—a dead woman. the warnin:

‘ He could even see that the flesh at her right temple had as day. \\

parted from the skull. thing terri!
Wrapped several times around the’ woman’s body waS A short
a casing of close-meshed wire. Never in all his sixty-fivt several ass
years had Uncle Billy seen such a dreadful sight. | crowd, pau
No, the dead woman was not his wife. And old as ht cigar from
was, he could see that the girl had been a beauty in life “She's c:
The skin of her pretty face was still as white as snow, a = Uncle B
her hair, which was blowing through the wire netting, W2 through th:
t , f He gasped
Breathing a prayer of thanks that the corpse was ™ white in th
his wife, Uncle Billy was off to the nearest telephon Deputies.
where he notified Sheriff Fred McDuff of the horror! and his cr:

had discovered. : bank of th:
“Watch the body until my men get there,” McD “That b
ordered, “And don’t let anybody touch it!” ; oat!”
On his way back to the lake, Uncle Billy spread | Peveler
news.among all the neighbors he could see working arot. relayed the
their respective homes.. With one accord, they diop) up from hi:


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went to look for him, Riddle was on
the floor, all blood. When Bowen saw
me, he said, ‘Scram out of here or
they’il be pinning this on you.’ ‘I never

me. Johnny Bowen did it. The dirty
squealer, ‘'he rat. He’ ain’t goin’ to
send me to the hot seat with his
damned lies.”

“Where is Bowen?” Fallon asked,
hoping that Ryan wouldn’t clam up.

“You'll find him in Pictou, Nova
Scotia,” Ryan snarled. “He's visiting rel-
atives. He left right after the killing.”

On the strength of these new devel-
opments, Fallon had no trouble in get-
ting warrants charging Ryan and Bowen
‘with Pop Riddle’s murder. Then he put
through a long distance telephone call
to Police-Chief James L. MacLahders
of Pictou, Nova Scotia. The chief knew
of Bowen since the suspect had lost
no time in getting in trouble once he
hit Pictou. Fallon was promised that
Bowen would be immediately placed
under arrest.

Brought to Quincy, Ryan was again
questioned by Fallon in the presence of
Fleming, Chief Bishop and Avery. Ryan
stuck to his story on the robbery-murder.
Somehow, Fallon didn’t believe that
Ryan was telling the truth; he thought
that Ryan was trying to shift the entire
responsibility on Bowen’s shoulders,
About his girl-friend alibi for the night
of the murder, Ryan ‘said it was true
but that it was -much earlier in the
evening.

Bowen’s arrest and extradition from
Canada were matters of form, and when
he was returned to Quincy on February
Ist, 1933, he agreed to talk when he
was told that Ryan had given out with
his version of the murder.

“Ryan and I went to Pop's bakery
with the intention of robbing him,”
Bowen said evenly. “I don’t care what
he says about being in the park. He
was with me. I took along the’ broken
picket to scare the old man more than
anything else. I wouldn’t ‘use it.” He
ficxed powerful muscles, boasted: “I
killed Pop with my bare hands, I don’t:
know how blood got on the picket.
Maybe it happened during the struggle.
Anyway, we tied handkerchiefs over our
faces and walked in through the back

laid a finger on the old guy, .so help,

door. 1 held off Pop while Ryan went
into the front room to empty the till,
Pop thought I was off guard, so he
made a break for the front. He was
Plenty fast, but I caught up with him:
1 had to kill him in defending myself.
From the bakery, Ryan and 1 stopped
in a place for coffee. Then we split. the
dough, about four bucks each, Can you
imagine that? Cigarette money.”

“Since they cost a man’s life,” Fal-
lon said, “I'd call them high-priced
cigarettes.”

|S satlnca and Ryan were equally
charged with first degree murder,

Ryan maintained his innocence, Although |.

Ryan took no part in the actual killing,
under the Massachusetts law, he would
be just as guilty if he compounded a
felony during the time a murder was
being committed.

On May 22nd, 1933, Bowen and Ryan
were brought to trial, Bowen, not relish-
ing the thought of a first degree murder
rap, pleaded guilty to. second degree
murder and was sentenced to life im-
prisonment. A split jury resulted in a
second trial for Ryan on January 11th,
1934, The State’s star witness at. this
trial was Bowen, and every spectator
and official in the courtroom knew that

Bowen's testimony could either free ‘

Ryan or send him to the electrio chair.
Ryan looked all over the courtroom
but to where Bowen was being sworm
in. Assistant D. A. George W. Arbuckle
faced Bowen and started off by asking
Bowen's name. Heads perked up when
Bowen said he refused to answer, and
followed through by refusing to answer
all questions asked. The State’s case
collapsed like a deflated balloon. Asked
by Judge Nelson P, Brown ‘if he in-
tended to offer any testimony, Bowen
said no. :

On his way out from the hushed
courtroom, Bowen passed Ryan. His
eyes glittered as’ he smiled coldly and
said: “Keep your nose clean is my mot-
to, pal. It never pays to rat. So long.”

Ryan was sentenced to two years in
the House of Correction,

Editor’s Note: The names, Ryan, Martel
ond: Morne, as used in this story are
Actitious in order'to protect the identity
of innocent persons.

iF | ve «MUR

DER WON'T STAY DOWN .
(Continued Irom Page’ 23) 5 Mere

five foot roll.”
‘A later examination proved conclu-
sively that the crude shroud in which
Mrs. Adkins had been buried in Bain's
Lake had been cut from the roll of
wire which Vaughn admitted having
sold to Pete Bixler, -

Still Connie Vaughn would not con-
fess the crime. The gun used in the
slaying was sought for weeks, but was
never found.

Both Vaughn and McDaniel were in-
dicted for first degree . murder. They

‘| were brought to trial on December 1,

1936, just a few days less than three
months after the crime. McDaniel tried
to plead i ity, but alienists pro-
nounced him sane. Vaughn chose to,
fight his battle on the evidence. But
it was overwhelming.

The trial lasted only five days. The
jury found both men guilty. McDaniel
was sentenced to life imprisonment, but
Vaughn was given the death penalty,
and the execution date was set for
January 15, 1938,

Pretty Mrs. Vaughn, whose alibi for
her husband. which the state contended
was ‘false, inspired by her deep love

for him, tried desperately to save him
from the electric chair. With the aid

of his legal. counsel, she succeeded in
Postponing his execution for almost
two years,

In the fall of 1938 she had a per-
sonal interview with Goverhor Bibb
Graves, and then the governor ‘con-
sented to see Connie Vaughn. This
sony took place on Thanksgiving

ay. .

At the conclusion of his talk with

Governor Graves, Vaughn, who had].

added thirty pounds to his bulky frame
while in prison, came out with tears in
his eyes, : .

“It’s no use, honey,” he told his
wife. “I’ve got to go.” .

Connie. Vaughn marched calmly to
the. execution chamber at midnight ‘the
following day, Friday, November 25.
He thanked all who had interested them-
selves in his behalf, then sat in the
ugly chair. A moment later the current
ripped through his body. .

EDITOR’S NOTE: The mimes Lard-
ner, Bixler, Greenfield and Courtenay,
as used in this story, are fictitious in
order to protect the identity of inno-

cent persons and save them from all
possible embarrassment.

:REQWEREGGERREPER SETS SQ ees]

aE

LIFE, red-headed Annie
ins w3s known os @:
5lous butterfly. Was her
Ang the result of
med lover's ha

ne terror as he glanced at i
; the water. He stiffened,

rled, vein-knotted hands.

around his heart, he stepped
ake sure he was seeing aright.
in correct. For ois on the
crifying thing—@ dead woman.
flesh at her right temple had

round the woman’s body was |
. Never in all his sixty-five
such a dreadful sight.

girl had been a
_ was still as white as snow,
wg through the wire netting, W°

thanks that the corpse was n0
as off to the nearest teleption¢
Fred McDuff of the horror

anybody tow hit!” ‘ ¢
the lake, Unel Billy spread th
see working aro

“With one accord, they dioppg-

Henry
gators,
more than
tions and gesticulating toward the gruesome object float-

| the warnings in her

- several assistants.
-crowd, paused at

~ through the crowd, again
© He gasped audibly, for
- white in the sun an

ye i RASS: ae

THE | BODY.
wire netting, is seen float-
ing as it was found by
"Uncle Billy” Densmore. who
stands nearby carrying stick.

their work and accompanied the old man to the lake.

When Deputies H. C. Peveler, Dewey. Rickles and
Holmes, three of Jefferson County’s ace investi-
arrived at the scene, they found a congregation of
fifty men and women, making excited specula-

ing on top of the water.
The sheriff's admonition to Uncle Billy was totally
unnecessary. Not one person in that murmuring, swelling
crowd would have touched the body under any persuasion.
Beryl Franklin, who had found her mother safe and
sound at her aunt’s, enlivened the scene with accounts of
dreams. “I could see that body, plain
as day. When I dream things like that I know some-
thing terrible is going to happen ‘iis
A short time later Coroner -Gip Evans arrived with
Evans elbowed his way through the
the lake’s edge and took an unlighted
cigar from between his teeth.- .
“She’s certainly decomposed,” he said.
Uncle Billy Densmore, who had followed the coroner
looked at' the corpse in the wire.
the flesh which had shimmered
hour ago, was now almost black !.
Deputies, Peveler, Rickles. and Holmes watched Evans
and his crew as they lifted the wire-bound body to the
bank of the lake. Uncle Billy nudged Peveler’s elbow.
“That body,” he whispered, “was white when I found
it!”
Peveler, who was later to head the entire investigation,
relayed the information to Evans. The coroner looked
up from his examination of the body and said in astonish-

erate Re
obits

GREENWOOD'S cafe was
the last place where Annie

was seen clive,
happened later was Vv

zemyrnel® Stig: igh

ment: “You say the body was white when you found it?”

“Yes,” Peveler answered for Uncle Billy. “How can
you account for the sudden change in color ?”

Evans chewed on his cigar thoughtfully. “The body
evidently was under water until just before you found it,
Uncle Billy,” he said.

Peveler dyopped to his knees beside Evans. “Then that
means she had been weighted down with something?” he
asked,

“TJ tell you in a minute,” said Evans, Tentatively he
poked about in the mesh. He fished something—a rock—
out of the layers of wire. He held it up between thumb
and forefinger.

“Fere’s the answer to your question,” Evans told
Peveler. “The body was weighted down with rocks. When
some of them slipped through the mesh of the wire, the
body rose to the surface.”
“How long has she been dead,
Peveler asked.

“She’s been dead about four days,” Evans answered,
“judging from the condition of the body, and taking into
account that it’s been in water.”

The coroner pointed to the flesh which had parted from
the skull. “Looks as if she was beaten to death with a
blunt instrument,” he said. “The head and face are cut
up pretty bad. But of course I can make a more definite
statement after the autopsy. There’s a chance that she
was still alive when sie was thrown in the lake.”

and how did she die 7?

SHUDDER of horror ran through the crowd at these
words. Peveler sensed the crowd’s reaction, Some-
where in this very ™ ighborhood, a killer was at large.

and what

in impenetrable mystery.


hrs eh 3 83 -

ne

Soa il

ri
er De tae wy ay je : ih aye

[ “Deed man’s ‘widow / SUeS ‘state, officials :
“MONTGOMERY, Ala.. (AP) — A $50 million lawsuit has been _

i

a

. | -Talladega man killed by.a convicted murderer who had won an

‘| early release from prison.

“* The lawsuit, filed by Julia Cook Donahoo, claims Billy Waynes
“Waldrop was wrongfully released from prison, The suit was filed ia
*““in Montgomery County Circuit Court.) . oa -

y.. Mrs. Donahoo, widow of Thurman Macon enahoa. eianne in ‘the:

_ Served less than halt of a is-yees sentence for a 1973 double .
murder. “**" epee
On June'2, 1982, ‘Donahoo’ "was ‘shot in, the ‘head after he was.

beaten and robbed, the suit said. Afterward, Donahoo’ s home was .

‘set on fire. ©
The suit says Waldrop was convicted of capital pp des in ‘1983 ine

“connection with Donahoo’ Ss death. and | sentenced . to, die . in.

» Alabama’ s electric chair. |. sti MES ey eG
“Named as defendants in the suit are ‘former ‘Gov. ‘Fob James, -

former prison commissioners Robert Britton and Joe Hopper, and -

Ealon Lambert, chairman of 3 oar e of Eardons: andy

_ Paroles. Ege |

‘. State officials. sn Bp

oA tue £34

PF ed

| filed against the state. and several officials by the widow of a © ‘A

suit that officials should not have released Waldrop in 1980 after he A ie 28


ApyeATIS ER

Nong

2B Thursday, November 14, 1996

ALABAMA
ROUNDUP

Rp cceeeeeere rece eee reese ese eres ses emer e sees ess ess ESHEETS HEOS SHES TEE EHEE SHEE SEH EEHOEEST SETS SHEE HEHEHE ESO OHH HEHE EHS S OEE

= MONTGOMERY

Execution date set for Waldrop

The Alabama Supreme Court has set a Jan. 10 execution date for
Billy Wayne Waldrop, who was sent to death row for a 1982 robbery
and killing in Talladega County.

The court’s ruling Wednesday follows a decision last month by the
U.S. Supreme Court rejecting Waldrop’s federal appeal. His appeals
earlier were rejected by state courts.

Waldrop was sentenced to die for the slaying of 72-year-old Thurman
Macon Donahoo Sr.

In 1986, Waldrop went on a 2//-month-long hunger strike to pro-
claim his innocence and dropped from 198 pounds to 132 pounds before
he began eating again.

Under the court’s order Wednesday, Waldrop is to die in Alabama’s
electric chair at Holman Prison near Atmore at 12:01 a.m. on Jan. 10.

———


f )
; € o> _— Pr)
} ¢ ss “ f 5 A
XK

ALABAMA SUPREME COURT
Death row appeals rejected

MONTGOMERY — The USS. Supreme Court turned down appeals
Monday from two Alabama death row inmates, including one convicted
of being the trigger man in the murder-for-hire killing of a Montgomery
County deputy. | |

The court declined without comment to review the conviction of Michael
Anthony Sockwell for the 1988 shotgun slaying of Sgt. Isaiah Harris.

The court also had no comment in turning back the appeal of Billy
Wayne Waldrop, who was convicted of the 1982 robbery and killing of 72-

bodies. He was released after Serving seven years of a 15-year sentence.
In 1986, Waldrop went on a 2'/month-long hunger strike to proclaim
his innocence and dropped from 198 pounds to 132 pounds before he
began eating again.
In the Montgomery case, Sockwell admitted to police that he shot the
deputy in exchange for $50 from Lorenzo “Bobo” McCarter.

Tuesday
October 8, 1996
THE DOTHAN EAGLE


CRO—end WALDRUR - death sentences Alabama

Li iy 3
» |

Death row
trio shifted
to place lid
on trouble

By Tom Gordon
News staff writer

ATMORE — Although he's due to
return to North Alabama for a retrial
of the charge that he killed a sheriff's
deputy in 1982, Coy Patrick Crowe has
spent the past four months separated
from his fellow death row inmates at
Holman Prison.

“We consider him a high security
risk,” said Holman warden W.E. John-
son. He described Crowe’s attitude as
“very, very negative.

“We feel like he’s very capable of
assaulting an officer. We feel like if
he’s ever given the opportunity, he’s an
escape risk.”

The 27-year-old Crowe is not the
only death row inmate who prison offi-
cials consider to be a troublemaker.

Officials say that Billy Wayne Wal-
drop and Samuel D. Crosslin, both con-
victed murderers sentenced to death,
also were causing friction between
inmates and prison guards. They too
have been separated from the rest of
death row for four months.

“They're sort of following each
other,’ Johnson said of the three
inmates.

Like Crowe, Waldrop and Crosslin
have lost certain privileges for up to 30
days, including the right to one phone
call and one visit a month, or to exer-
cise outside with other death row pris-
oners.

After the three were moved, Johnson
said, “the morale got better between
officers and inmates.

“Sometimes it gets next to impossib-
le to treat all of (the inmates) really
humanely without somebody getting
hurt,” Johnson said.

Before being placed in a separate
wing, Johnson said, Crowe had been
found to have weapons, had spit on a
Mobile County sheriff's deputy, had
thrown food from his cell into the cellb-
lock hallway, had set a fire in his cell
and had destroyed the wooden trunk
provided for his belongings.

Because of an Alabama Supreme
Court ruling last week, Crowe will be
leaving Holman Prison soon to face
retrial in the July 1982 slaying of Win-
ston County Deputy James Taylor.

Taylor, 50, was shot to death during
an attempt to free Crowe’s brother,
Billy Wyman Crowe, from the county
jail in Double Springs. Billy Crowe,
convicted in a separate slaying, now
is serving a sentence of life without
parole.

Coy Crowe later was arrested by
FBI agents in Nashville. On Friday, the
Supreme Court ruled that Crowe had
not waived his right to remain silent
before he gave the agents incriminating
statements.

After his arrest, Crowe was tried in
Jefferson County and convicted of capi-
tal murder. He came to Holman in
January 1984.

Billy Wayne Waldrop, meanwhile,
came to Holman in March 1983 after
being convicted in Talladega County of
robbing and murdering 72-year-old
Thurman M. Donahoo and burning
down Donahoo’s house with the victim’s
body still inside.

Since arriving at Holman, the 33-
year-old Waldrop has been accused of
stabbing an inmate with a homemade
spear. In addition, Johnson said, Wal-
drop fashioned a bow out of dowel
sticks that inmates use for woodcrafts
and, while in his cell, tried twice to
shoot homemade arrows at an inmate
who was walking by.

Crosslin, a 36-year-old Sheffield resi-
dent, has been at Holman since
November 1984 after being convicted
for the second time of killing his niece
and her husband in 1980.

+

444 SUPREME COURT (Dec. Term,
(Ward v. The State. '
exceptions states, “it is proper to state. that it was preceded
and followed by other allusions to the incidents of the trial
and thus concluded: * But, gentlemen, we have nothing to do
with, these things, or what others may think should be vour
verdict. It ix proper to state, also, that after the testimony
Was closed, and one speech liad been made for the prosecntion,

it being then near one o'clock, the court announced that a recess -

of one hour would be taken. and nearly all persons in the room
had risen from their seats. when the attention of the court
still in his seat, was called to the mother of the defendant, who
was talking to a juror. The court required the juror, under
oath, to state what she had said to him: and the juror stated
that she told him the man who killed Parmer had never been
suspected, and had left the country. The court ordered the
sheriff to take charge of her, but ordered her discharge an
hour afterwards.” .

Oates w Cowan. W.D. Roserrs. J. W. Fosren. and W. E.
Mavunry, for the appellant.

Thos. N. MeCurrran. Attorney-General. for the State.

CL IPTON, J.—The statute provides, that a judge of the
Cireuit Court may hold a special term. whenever. in his
opinion, necessary. At such special term. he mav trv and dis-
pose of all causes, civil and criminal, that may come before the
court, and do and perform all the business of the court, as at a
regular term; but the business shall be disposed of in the order
the court may direct.—Code. § 652. The defendant was tried
ata special term, which was ordered by the judve specially for
his trial, and for ne other business. “The names of tiftw per-
sons were drawn, and they were summoned to serve as petit
jurors, No objection is made in respect to the time or manner
of drawing the names.

It is contended that the court was not legally organized for

a
z

the trial of the defendant. The argument is, that rerular petit
Juries should have been arranged from the tifty persons drawn
and summoned: that the court should have made an order. as
provided by section 4874, commanding the sheriff to aummon
other persons, not less than fifty, nor more than one hundred
including the regular juries thus arranged ; and that such order
Is Imperative, without whieh, and a complianee therewith,
there can be no legally constituted jury to try the defendant.
Phis question was fully considered in Martin’ v. State. 77 Ala.
1, where we held. that the fifty names, drawn and summoned
under section 4739, “constitute the venire. from which the
Jury is to be selected and organized. unless the panel is ex-
You. LEXvu. , . _

1885. | . OF ALABAMA. 445
7Ward v. The State.’

hansted before the jury is complete: in which case, talesinen

must be summoned as in other capital cases.” A reconsidera-

tion confirms the opinion then declared.

When a special term is held for the general trial of unfin-
ished business, for which the organization of regular juries is
required, the statutory provisions for drawing and summoning
persons to serve as petit jurors are substantially the same as at
a regular term. But. when the special term is held for the
trial of a person charged with a felony, separate, distinct, and
different provisions are made. In such case, the statute directs,
that “fifty names must be drawn, if the offense may be pun-
ished capitally, and if not. twenty-four. to serve as petit
jurors." —Code, Is76, § 4734. Section 4874 is designed to
apply, and is only applicable. where the trial occurs at a term
of the court when the statute contemplates and requires the
arrangement of regular jnries for the week or term, as pro-
vided by section $763: and only those who are summoned on
the regular juries for the week or term. and who are in attend-
ance, constitute a part of the eenrre, When a special term is
held for the trial of a person charged with an offense that may
be punished capitally, and no other causes are to be tried, the
statute does not contemplate, and no provision is made for, the
organization of regular juries for the week or term. Only
one jury, in such case, is provided for, being the jury for the
trial of the particular case. The legislature does not mean
that the court should perform, at such special term, the useless
ceremony of organizing regular juries tor the week or term.
Hence the provision for drawing fifty names. ten days prior to
the commencement of the special term, to serve as petit Jurors
for the trial of the special case, for which the term is ordered.
At a special term held only for such purpose, section 4874 has
no field of operation. Why different svstems should have been
enacted for drawing, summoning, and selecting a jury, as the
trial may occur at a regular or special term, is not a matter ad-
dressed to our ingniry. With the wisdom or policy of the
legislation we have no concern. It suffices that a trial by a
jury, drawn, summoned, and impanneled in the manner pro-
vided by statute, which reasonably secures a trial by an imipar-
tial jury, is due process of law. .

It is.urged, with force and earnestness, that the dying decla-
rations of the deceased were admitted without a proper pred-
icate. The statements of the deceased. relating to his death,
the circumstances under which it occurred, and to the identity
of the prisoner as the person who caused it, when made under
a sense of impending dissolution, are admissible, in cases of
homicide, from necessity. Their admissibility is founded on
the verification by human experience that, ordinarily, tempta-

Si hotel Sl thi inition ei Bhatti imal diesen sca nn OH Bie

oe alan aioli


41. SUPREME COURT (Dec. Term

[Stewart v. The State.3

when he went to Summit the morning of the dav when the
killing occurred.

5. We can perceive no valid’ objection to the practice of
the Cirenit Court, indulged in this ease. of permitting coun-
se] to read to the jury. in the hearing of the court, and as a
part of their argument, extracts from the decisions of this
court, which are pertinent to the questions of law and fact
involved in the case on trial, and are correct expositions of the
law. It would certainly be proper for the court to allow anv
principle of law to be read by counsel to a jury, which the
court itself could give in charge to them without legal objec-
tion. The rule might be stated in even stronger terms. but
the necessities of the case do not require it. :

There is nothing in the other objections to the rulings of
the court on the evidence. We discover no error in anv of
them. oe ee

6. There can be no doubt of the fact. that a blow in the
face with the hand, intentionally inflicted by one person on
another, may constitute a provocation adequate to reduce a
homicide from murder to manslaughter, even when such kill-
ing is perpetrated with a deadly weapon. This. however.
necessarily depends upon the varying circumstances of eacli
particular case. If the killing is prompted by the sudden heat
of passion, excited by the provocation, being immediately per-
petrated on its occurrence, and is not the offspring of malice.
express or Implied, or of a previously formed design—a term
which embraces the idea of deliberative malice—the crime
mnay be manslaughter, but can not be murder, in either the
first or second degree. And, on the contrary, if the killing
is done from mahiee, or is executed pursnant to a previously
formed design, which necessarily implies malice, it can not
be imputed to spring from that sudden heat of passion, which
dethrones, or obtains a mastery over the reason: and if unlaw-
ful, it will, under these circumstances, be murder. A provo-
cation wil] avail nothing, however, if it is songht for and in-
duced by the act of the defendant, in order to afford him an
opportunity to execute his malice. Jn such a ease, he acts
from malice, whatever may be the extent of his passion at the
moment of the killing.

Under these views, the fifth charge requested by the de-
fendant should have been given, and was improperly refused
by the Cirenit Court. Taken in connection with the evidence.
it announced a correct proposition of Jaw. and was not mis-
leading. The other rulings we need uot consider, except to
make the following observations, which will be a sufticient
guide, in connection with what we have said above, upon
another trial.
VOL. LXXVI.

1885." OF ALABAMA.
[Ward v. The State.

Whether the defendant acted from the one or the other of
these motive powers—from the sudden heat of passion, or
from malice or formed design—is a question purely of fact for
the jury. They should consider, on the one hand, the nature
of the provocation, with its tendency to negative premedita-
tion and malice: the apparent suddenness of the affray, and
the other circumstances which tend to show that passion may
for the moment have obtained the mastery over reason in the
defendant’s mind. On the other hand. they should consider
the evidence tending to prove the existence of an old grudge
between the combatants, the nature of the weapon used in the
killing, and its alleged previous concealment by the defendant
before entering upon the fight, if they believe this to be true,
with all the other facts which tend to show that, In perpe-
trating the killing, the defendant acted trom malice or formed
desien. and not from the sudden heat of passion excited by the
blow received by him from the hand of the deceased.

If the jury entertain a reasonable doubt as to whether the
defendant acted from the one or the other of these motive
powers, they shonld give the benefit of such doubt to the de-
fendant. so as to reduce the crime to the mitigated or lesser
erade. ‘
~ The judgment is reversed, aud the cause remanded. In the
meanwhile, let the prisoner be retained in custody, until dis-
chafged by due process of law.

Ward «. The State.
Indictment for Murder.

1. Speeial renive at special term.—When a special tern * tosh
held for the disposal of business generally, Hy which — jurie 4s
required, they must be drawn, summoned and organized as = ‘ " xu
lar term; and if a capital case is tried, # special renrre must De rite
including the regular jury, as ata regular term. But, when A pee
term is called and held for the trial of a single capita: Seer . nppec ial
renire of fifty persons must be summoned (( ode, 9 4759), ane aa sty
must be organized from them for the trial, with talesmen : nee vim

». Duing declarations. —Dying declarations are admitted $e “dierete
With great caution, and the primary facts on. which thei a ree hie:
depends are closely scrutinized ; but, when it clearly area Mi yr
were made under a conviction of impending death, as Seer by
all the attendant circumstances at the time, though the ping 4 quar
not have expressed in words his belief that he must noon oe > e —
must admit them, leaving the jury to judge of their weight and cre
ibility.

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449 SUPREME COURT

[Ward vy. The State.)

{Dec. Term,

o

3. Explanatory charge as to considering all the ecidence.—The court
having charged the jury, on the request of the defendant, that, if the
evidence as to any material fact is equally balanced, they must lean to
the side of merey, and decide that fact in favor of the detendant,—may
further instruct. them, in explanation, that they must consider all the
evidence in deciding on the guilt or innocence of the defendant.

4. Charge iu favor of escape of the innocent.—In reply to the asser-
tion of counsel, in argument, ‘that the law says it ix better that ninety-
nine guilty persons shall escape than that one innocent person shall

sufier.”’ the court may instruct the jury, that this proposition is not

correct—that the policy of the law simply is, that the innocent shall go
tree, and that the guilty shal] be punished.

From the Cirenit Court of Dale.

Tried before the Hon. I. D. Ciayron.

The defendant in this case. William J. Ward, was indicted
for the murder of Jacob J. Parmer, by shooting him with a
pistol; and being tried on issue joined on, the plea of not
guilty, was convicted of murder in the first degree, and sen-
tenced to be hanged. The trial was had ata special term of
the court, commencing on the 7th July, 1884. which was held
under an order of the presiding judge of the court, made on
the 12th April, IS84. and duly published. The special term
was called, as recited in the order, * for the trial of said William
J. Ward under said indictment:” and it was further ordered,
as therein recited, * that fifty competent jurors be drawn and
summoned, as provided by law, for said trial.” On the organ-
ization of the jury, the entire panel having been exhausted
before the jury was complete, two talesmen were summoned,
from which to supply the deficiency ; and one of these having
been drawn, and accepted by the State, the defendant claimed
the right to challenge him peremptorily, although he had
already peremptorily challenged twenty-one, “on the ground
that his right to peremptory challenges was not limited when
the list of jurors regularly drawn and summoned was ex-
hausted.”” The court refused to permit this challenge, and
the defendant excepted. The bill of exceptions does not show
any other objection to the jury as organized.

It was proved on the trial that the deceased was shot on the
night of 6th September, 1883, while riding from the village of
Echo, in the direction vf his home, towards Newton. Tle re-
ceived two shots, one in the back, and the other in the right
shoulder, and died during the night from the effect of the
wounds, before the arrival of a physician. The shooting oc-
curred near the house of Charles Brannon, who heard the shots
tired, and cries of distress immediately afterwards, and heard
the deceased fall from his horse: and having procured the as-
sistance of William Woodham, who lived about a mile distant,
they went to the spot where the deceased was lying, and carried
him to his own house, with the aid of several other persons

VoL. LXXVI.

s

ae i.

AA
1885. } OF ALABAMA. 445

[Ward vy. The State.)
who came up. When found, the deceased was Iving on the
eround, with his head on his arm, very bloody, groanmg, and
apparently in great pain. In reply to questions, he statea
‘that Bill Ward shot him; that Ward rode up behind hin,
and asked who he was, and, being told his name, shot him, first
‘n the back. and then in the shoulder.” These statements,
which were repeated to several persons, were offered in evi-

~ dence as dying declarations : and toushow their competency, the

State proved by the several persons who were present the con-

dition and appearance of the deceased at the time, and his de- ’

clarations at different times during the night. To Brannon and
Woodham, when they first found him, he said, * T can't stand
it? or “J can’t stand it long :” and asked them to help him;
and when being carried home. he said, * Boys, you dont know
what a te Lam ing” “Icawt stay with you much longer.
Woodham asked him what physician shonld be sent for, and he
said Dr. Smisson. He was spitting blood, complaining of
great pain, and several times exclaimed * Lord, have mercy.
“Woodham further testified, * that he never heard Parmer say
he would die. nor others say so in his hearing.” The de-
fendant objected to the admission of the statements as dying
declarations, and duly excepted to the overruling of his ob-
2ctions.
The court charged the jury. on request of the defendant.
that where the evidence is equal, or nearly so, in the proof
of any fact tending to show the innocence or guilt of the de-
fendant, the jury must lean to the side of merey, aud decide
the fact in qnestion in favor of the defendant. Thereupon.
the solicitor reqnested the court. in writing. to charge the jury,
that they must consider all the evidence in the case: which
charge the court gave, and the defendant excepted.

“Connsel having stated to the jury, in argument, that the
law savs it is better that ninety-nine guilty persons shall escape
than that one innocent person shall suffer, the court instructed
the jurv as follows: * You have been told that the law is, that
it ig better that ninety-nine guilty men shall escape than that
one innocent man shall suffer. No, gentlemen, the law does
not institute such comparisons. The object of the law simply
is. that it is better for the guilty to be punished, and the inno-
cent to go unpunished, and there it stops on that subject.” To
this charge the defendant excepted.

In another part of the written charge to the jury, the court
used the following language: “And here, too, we see his ven-
erable father, and his loving mother, who causes us to regard
her none the less that her deep solicitude has bet rayed her into
a serious indiscretion ;” and to this part of the charge the de-

fendant excepted. ‘In regard to this exception,” the bill of

na oe patente eaaeoniniatt

nore rete PR ERE PRET

stan oot aa

PRET P EEA US PRES AEN

446 SUPREME COURT
[Ward vy. The State, ]

tion to falsify is powerless, and passion silenced. in view of im-
mediate death, and that the party is 3mpressed with a necessity
and obligation to speak the truth, equivalent to a solemn oatl}.
But experience and observation further manifest, that some-
times hate and prejudice only expire with life. and that men
seek to gratify a spirit of revenge in the face of immediate
death. For these reasons. and from the fact that. in. the ab-
sence of a Cross-examination, the whole truth may not be
elicited, because attention is not directed to some circumstances,
or unconscious delusions. produced by surprise or alarm, are
not dispelled: it has been said, such evidence should he re-
ceived with the greatest caution, and the prinary facts, on
which its admissibility depends, closely scrutinized. “But, when
the declarations are made under a conviction of impending
death—when there is no hope of recovery—they must be re-
ceived, and the responsibility put on the jury to judge their
Weight and credibility in view of the other evidence in the
case.—Avigore v. The State. 74 Ala. 1.

The ascertainment of the primary facts is for the court.
The judicial mind must be satistied ; and when satistied that
the requisite predicate is established. the duty to receive the
evidence is imperative. To establish the pre-requisite facts, it
is not necessary that the declarant. shal] express a conviction
or belief that he must or wil] dic. They may be reasonably
inferred from attendant facts and circumstances, as any other
fact of judicial ascertainment. Resort may be made tothe na-
ture and extent of his wounds. lis physical state, his evident
danger, his conduct, his contemporaneous expressions, the oc-
currence of death svon thereafter, and al] other circumstances
at the time: and if from these the reasonable inference is,
that the declarations were made under a convietion of impend-
ing death, it is sufficient.— MeLean v. State. 16 Ala. 672; Wi//s
v, State, T4 Ala. 21: Kilpatrick v. Com. 31 Penn. St. 198;
1 Green. on Ey. $158: Whar. Crim. Ey. S$ 289.

The deceased was shot just after dark, in two places—one
ball entering about two inches from the spine on the left side.
and lodging near the surface. about two inches below the left
nipple; and the other entering the right shoulder, and coming
hear the surface in front. When first seen, he was lying on
the ground, with his head on his arm, nnable to move, suffer-
ing great pain, and spitting blood. About two hours after
he was shot, he was carried home, a distance of about two
miles, undressed, put to bed, and died soon thereafter. The
deceased was in fact i extremis. Tle was cognizant of the
locality of the ball below the nipple: and his expressions re-
peatedly made, before. and while being carried home. show a
consciousness of his condition, and a conviction that he could.

VoL. Uxxvi,

(Dec. Term,

eM

OF ALABAMA. 447
[Ward vy. The State.)

not survive the injury. The circumstances shown by os de
dence, in the absence of anything indicating a hope of haat
justified the court in admitting the dying declarations.—./ohn-
son v. State, 17 Ala. 618. ; .
The sbieehion is urged to the charge, ey, = ge he
given at the request of the defendant in respect to t 1e a
any fact being In equipvise. that it direets ene eon a
evidence that might be irrelevant to the particular se ed
the facts and circumstances in evidence, are admitted as rele
vant to the issne: and should be considered by sg Sk
ascertaining the principal fact—the guilt or ene 54 rie
prisoner. While each allegation, essential to the gui wes
nocence of the accused, must be established bevond hy gsi
able doubt, it is not proper to segregate the evidentiary ac
and consider the fragmentary parts separately, seer 2a
tu the entire evidence. When a case is properly an Bec
presented, the minor or evidentiary facets sustain a Gare <
consistent relation, and each is. more or less, lnstrate wv the
others. The intention of the explanatory charge aes ca
vent the instruction requested by defendant eran ere
the jury in this respect. It is difficult to Sa a inv el
circumstances, where an instruction to,consider the goed ;
dence would be improper.—J/ing v. State, 73 Ala. 1: Dorgan
v. State, 72 Ala. 178. ¢
fi The punishment of an innocent person is cree: 9 ’
greater evil, than the acquittal of one guilty ; and the policy :
the law is, that, in cases of doubt, it is safer to err ees wea
ting than in condemning. This policy is onan, Shee i
the form, that it is better that many, or a detinite i ‘e :
guilty persons shal] escape, than that aes stipe as
made to suffer. These are but expressions of the press oe
effect of the rule of reasonable doubt, and that the i sent
have an abiding conviction, to a moral certainty, o _ heey
of the charge. There is no rule of law inatitating corey i
sons as to the number of guilty persons it is pears a + ogee
It is likewise the policy of the law, that oe hea pe a
ished in the public interest. If a charge, em . ying egal
pression of counsel as used in the argument, had —_ meu
have held, that it would not have been error to re un ar
cause its tendency, unexplained, is to tinsleag Hi areee ee
State, 63 Ala. 164; Garlick v. The State, at the present a
It was not, therefore, improper for the court to Prac
jury, asto prevent its perversion to the re oT : re ¢ a
ant, if there was no reasonable doubt of his guilt, by ate : ,
ing the ininds of the jury as to the measure or ited c :
doubt which may be regarded as reasonable. If erg pas
supposed that the instruction was calculated to impair th

1885. } °

te
i
tr
i

+
re
it
i

43
$

}

TERS PC pacts Aone ae air vieay ones iis taaeiees


Evans continued: “I'd say she was in her middle twenties.
And judging from the richness of color and thickness of her
hair, I'd say she was a most attractive, vital, life-loving girl.
Well’—he turned to his assistants “lets get the remains
down to the morgue.”

Deputy Peveler laid a restraining hand on Evans’ arm.
“Wait a moment. Maybe someone in the crowd can identify
this girl.”

As if in answer to Peveler’s suggestion, there was a com-
motion at the edge of the crowd. The officers looked up to see
4 wild-eyed, haggard young man plunging toward them.

“Just heard about the body.” he panted, “My wife’s
missing !”

if she didn’t settle down she’d get in trouble
“When did you last see your wife?” asked Peveler.

“Have you any children 2” Peveler queried.

The young man looked down at the blackened features of Mesh and wire
the dead woman, and his face paled. “That’s her! That's my “Look. fellows
wife—Annie!” he whispered, : killer's calling: cs

The officers waited for the young man to regain composure. Holmes and k

“My name is Adkins—Willie J. Adkins,” he moaned, in heel from) a man’
answer to Deputy Peveler’s question. “Qh, I always told her frat eat -

ia ad “

Peveler shook
It will be hard. te

Adkins answered. “We weren’t—living to- It seemed that
She stayed with her folks, Mr. and Mrs. George shoe heel aheael
Swafford on Nineteenth Street ‘in Birmingham.” feom the shine ?

body atter wrapp

“Well, I haven't,” Adkins replied. “But she—there was &® the horrthle mark

DEPUTY H. C. PEV
at left with the agec
more, grandfather-
man later executed
It was Peveler wh
responsible for |

boy. You see, she’d been married once yp).
¢ erhaps we

”»
before. , . said. “But that
Know if her first husband was ealous O —pegnyan'
oe woman's love att
your ; 7 have plenty to oc!
Adkins shook his head, “As far as I know
he wasn’t.” ETER the 1
. ’ . c wows
“Why did they separate?” Peveter. H

“Tt don’t know that, unless it was fort font eahomatat a
same reason that she and I separated, TO Birmineham Ne
many other men!” ke wel

So beauteous Annie Adkins was a “party meds fn eu
girl,” mused Peveler. This opened up um ooutrotlatle, 12
limited possibilities as to motives for her mur y.j¢}) heroic oat
der. But who had the opportunity to kill her! \e need ‘ "
The deputy decided that a check on those pef"] \ant an:
sons who had last seen Annie alive migh! yy; Seavie lati.
furnish the answer. night vives: -

Before allowing the body to be removed, len
Peveler, Holmes and Rickles again searcheé (Carefully Cer
the bundle for possible clues. Whoever hal peveler requ _
done this had done a good job, for Annie’eight ee.
body was trussed up expertly. girl. That was ti

Presently Peveler’s fingers closed aroun =\W}y, i, ae ~
something totally foreign to the bundle 0 = peocter Met vt

pals.”
bf PV erie °

ATTRACTIVE Mabel McCutcheon (left) was cin, rit ‘

a member of a foursome that included Annie eee Sect

Adkins on the murder night, but she didn’t

know where Annie went after one o'clock. wouldn't harm ati

“Know of anver

George Swatteor:


the deptity questioned inexorably.
and waited for the rest of us.

“What happened there?”
“Connie sat outside in the car
We went in—Annie, Malcolm and J—and had a’ few drinks.
Annie got into an argument with a fellow by the name of

Frank Parker. She hit him over the head with a beer

bottle.” ,

Peveler interrupted Mrs. McCutcheon to jot down Parker’s
name and address. It looked as if this fellow might also
have a possible reason for hating the red-head.

“Tt was after one o’clock when Mrs. Adkins and Malcolm
McDaniel left me in Greenwood’s,” Mrs. McCutcheon finished.
“When Annie walked out the door, that was the last time I
saw her alive.”

The deputies made notes on Mrs. McCutcheon’s story.
Peveler decided that a talk with Malcolm McDaniel was in
order. He asked the woman for McDaniel’s address.

“He stays out near Mineral Springs most of the time,”
she said, “at Jim Franklin’s. I guess you know he helps
Connie make whiskey.”

Peveler ‘then decided that the best plan would be to check
Mrs. McCutcheon’s statements through disinterested witnesses
before seeing Vaughn and McDaniel. Being so closely asso-
ciated they would naturally hesitate about incriminating each
other.

Peveler, Holmes and’ Rickles immediately visited Green-
wood’s cafe in Lewisburg. They talked with the manager
and all waiters and waitresses who had been on duty the
previous Saturday night. These people verified Mrs. Mc-
Cutcheon’s story of Annie’s quarrel with Frank Parker.

C. S. Ellison, the proprietor and W. A. Hearon, curb
service man, added this testimony: that they saw Mrs, Adkins
and Malcolm McDaniel get in the car with Connie Vaughn
about 1 A. M. and drive off. And one of the cafe’s customers,

Lanuel Smith, corroborated the statements of Ellison and '

Hearon.

The deputies immediately canvassed all known friends and
acquaintances of Annie Adkins in an effort to determine
whether or not she had been seen alive after that. But all
their efforts drew a blank. It appeared that McDaniel and
Vaughn were the last persons to see Mrs. Adkins, alive.

Peveler knew that all this was intangible. There would
have to be more conclusive evidence to make a murder charge
against the pair stand up in court. Now, if they could establish
ownership of that rubber heel... .

“Tet’s find out who this belongs to,” he suggested to
Holmes and Rickles. “We'll start at the home of Connie
Vaughn.”

FEW MINUTES later, a very attractive young blonde
woman was opening the door of Connie Vaughn’s home
to the three deputies. ‘

“Pm Connie’s wife,” she explained. She pointed to a two-
year-old child playing on the floor. “And this is our son.”

“We want to have a look around,” Peveler told her. “We're
searching all the homes in the neighborhood of the lake.”

The three men looked into every nook and cranny of the
place for possible clues. F inally Peveler asked: “Can I have
a look at your husband’s old shoes a

Obviously puzzled, Mrs. Vaughn brought an assortment
of old and battered shoes to the deputies. They examined
each pair with interest, but there was not a heel missing in
the lot.

Subtly the deputies questioned Mrs. Vaughn concerning
her whereabouts that fatal Saturday night. -

“T visited my aunt, Mrs. Rosa Nicholson, in Birmingham all
day,” the young woman answered. “About 10:15 that night,
Connie came by for me in the car and we came home.”

“Did you stop anywhere on the way home?” asked Peveler.

“Yes,” Mrs. Vaughn admitted. “We stopped at Greenwood’s
Cafe in Lewisburg. I bought a package of cigarettes and used
the rest rooni. Connie stayed in the car.”

The deputies exchanged glances. “Was Annie Adkins with
you?” pressed Peveler. “And Mabel McCutcheon and Mal-

20

colm McDaniel ?” The two men waited tensely for her answer,
“No, we were alone.” '
Here was a startling contradiction of the story of Mrs,

McCutcheon, who had no apparent reason to lie to the officers.)

Yet Mrs, Vaughn’s gaze was limpid and innocent.
“What time did you arrive home, Mrs. Vaughn ?”

“Tt must have been around midnight,” the girl answered. ~
“Did your husband stay home the’ rest of the night?” ask
Holmes. “

Her eyes opened wide. Was it fear that Peveler saw in
those blue depths? Then she said: “He was away for abou
twenty minutes around two o'clock. He told me he was ou
talking to’ some Negroes.” “

Mrs. Vaughn paused. Presently she broke out with, “Yo
don’t think that whoever killed Annie lived in this neighbor
hood, do you? I’d be afraid to stay here alone all day with
murderer at large!” . ,

“We don’t know; Mrs. Vaughn,” Peveler answered. “B
wherever he is, we'll catch up with him sooner or later.” ©

Ironic that the wife of the man upon whom the strong’
suspicion fell, was’ afraid that there was a murderer in th
neighborhood ! ~

“By the way, Mrs. Vaughn, you know Malcolm McDani
don’t you?” Peveler asked. : ;

“Why, yes,” she answered. “He is my cousin, and he hel
Connie.” .

“He helps Connie operate a still, doesn’t he?” asked. Pevele
suddenly. |

“Why—why, I wouldn’t know about that. I—I just see hit
around.”

“Doesn’t McDaniel stay at Jim Franklin’s?” - 7

“Yes, most of the time, You see, Jim Franklin is my fathe
—Malcolm’s uncle.” |

So McDaniel’ was Vaughn’s cousin-in-law and he stayé
with Mrs, Vaughn’s father ! i

“Another thing,” continued Peveler. “About this Unc

L
Billy Densmore

“Oh, you meat

Peveler's eyes
those who playe.
> any signiticance :

“Where does he

‘Mrs. Vaughn

father's and her

the September su
with a puzzled |

Peveler, Holm
house. Jim Fria
of the tragedy, ;
see all the shoes |

“Certainly,” th.
do you want to |:

The deputies cd:

the assorted footw
she left them, Pe.
The shoe was cai
Alabama hills. I:
the shoe up fort

“The heel on th
held up another
the rubber heel on
with the heel we
body.”

Eagerly the de;
Peveler had drag;
heel-less_ shoe.

“I’m no expert,”
that heel came off

“Perhaps a shoc
Holmes.

; “Let's find out w
in search of Mrs, }

ra,

a

ers

¢
Wepareds
we
mae

Billy Densmore who discovered Miss Adkins’ body——”
“Oh, you mean grandfather,” Mrs, Vaughn interrupted.
iction of the story of Mrs. Peveler’s eyes narrowed. Did. these close relationships of
t reason to lie to the officers. those who played leading roles in this drama of death bear
Hi d and innocent. , any significance? “Yes; I mean your grandfather,” he said.

- Mrs. Vaughn?” “Where does he live?” ’

nie ht,” the girl answered. "Mrs. Vaughn told the deputies how to reach both her
‘the rest of the night?” asked father’s and her grandfather’s homes. -They walked out into
the September sunshine, leaving the pretty woman at the door
with a puzzled look on her face.

Peveler, Holmes and Rickles soon arrived at the Franklin
house. Jim Franklin’s wife, Beryl, told them all she knew
of the tragedy, and presently Peveler asked her if he could
see all the shoes in the house.

“Certainly,” the woman answered, “But whatever on earth
do you want to look at. shoes for ?”

The deputies didn’t answer, but commenced to go through
vhn.” Peveler answered. “But the assorted footwear the woman piled in front of them. After
with him sooner or later.” she left them, Peveler selected a maii’s oxford from the pile.

upon whom the strongest. The shoe was caked with the red mud so characteristic of
or ace a murderer in the Alabama hills, Peveler scraped the dried mud off and held
— the shoe up for the. inspection of the others.

“The heel‘on this shoe is missing,” he remarked. Then he
: held up another shoe. “And here’s its mate. Now, look at
“He is my cousin, and he helps§_ — the rubber heel.on the good shoe. Let’s see how it compares

a with the heel we found in the wire around that woman’s

a , ?” asked. Pevele body.”

still, doesn’t he : Eagerly the deputies inspected the detached heel which

about that. I—I just see hing Peveler had dragged from his pocket and the mate to the
al #  heel-less shoe.

. sn’s P's ‘ “I’m no expert,” declared. Rickles, “but it looks to me like
: a aie is my fatheg. that heel came off this shoe !”
ou see, Ji aerate §- “Perhaps a shoemaker can give us an exbert opinion,” said
~ Holmes, ;
-§° “Let's find out who owns this shoe,” said Peveler: He went
“About this Uncl@ in search of Mrs, Franklin and found her in the kitchen. She

aited tensely for her answer:

it fear that Peveler saw in
tid: “He was away for about
ock. He told me he was out

itly she broke out with, “You

Annie lived in this neighbor-
stay here alone all day with a

you know Malcolm McDaniel,

n’s cousin-in-law and he stayes

od Peveler.

REI

y glanced at the shoes: “Oh, those be-
“ long to Malcolm.” ,

Taking the shoes with them, the

deputies left. Toward dark, they re-

turned to the Franklin home and took

Malcolm McDaniel into custody for

questioning. At headquarters, the

SS ia stolid, sullen, backward young woods-

KS man refused to talk,

Peveler, Holmes, Rickles and Sheriff
Fred McDuff took turns in questioning
him. Finally Peveler, out of patience,
shouted, “We know all about Saturday
night, McDaniel. We know you and
Mrs, McCutcheon and Connie Vaughn
were with Annie Adkins. And you
and Vaughn were the last persons to
see Mrs, Adkins alive!”

Malcolm McDaniel hesitated. “Have
you talked to Connie Vaughn?” he
asked.

“No,” answered Peveler. “There are
certain reasons why we wanted to talk
to you first.”

McDaniel evaded the officers’ eyes.
“T ain’t sayin’ nothin’,” he muttered.

Peveler produced the telltale rubber
heel, “Your rubber heel was found
caught in the wire that bound.Annie
Adkins’ body, McDaniel. We know
you’ killed her! Why did you do
it?”

McDaniel began to whimper like a
frightened child.

“You'll probably get the chair—un-
less you talk!” Peveler warned him.

McDaniel put his hands to his face.
Then he shouted: “T’ll talk! I'll tell you what I know. But
I didn’t do it! Honest to God I didn’t!”

FTER the youth had calmed down a bit the officers took
‘his statement. “After Connie, Annie and I left Green-
wood’s,” he related, ‘we rode to Bain’s Lake, about a half-
mile from Connie’s home. Connie asked Annie to get out of
the car and go with him into the woods. I thought they were
going'in there to pet a while. About forty minutes later, Con-
nie came back to the car—alone. I didn’t ask him what had
happened to Annie. I was afraid to. I remembered, when
I saw him coming back by hisself, what he had said when the
judge sentenced him in court six months ago!”
“But how did your shoe heel get caught in the mesh of
that wire, McDaniel, unless you were in on the killing?”

barked Peveler.

MeDaniel couldn't answer that. And another hour's ques-
tioning brought forth no further information. He was locked
up and the three deputies departed for the home of Connie
Vaughn,

They found Vaughn, a tall, good-looking youth with sandy
hair, at home with his pretty wife. He was playing with his
young son Granville. Peveler was struck with the pathos
of the situation. He was about to arrest for murder a hand-
some young fellow who was evidently crazy about his young
wife and son. It was a never-ending source of amazement to
the deputy that such harmless-appearing people could become
involved in brutal crime.

“We're taking you in for Annie Adkins’ murder,” Peveler
told Vaughn.

The young fellow’s face became chalky white. “I didn’t kill
her,” he answered quietly. %

“The evidence is against you, Vaughn. We’ll have to take
you along.”

“Sure I'll go,” answered Vaughn. He turned to his wife.
“T’ll be back soon, honey, I’m innocent (Continued on page 45)

21


the blackened features of
“That’s her! That’s my °

» man to regain composure.
I. Adkins,” he moaned, in
ion. “Oh, I always told her
t in trouble !” ?
ife?” asked Peveler. ‘
“We weren’t—living to-
iks, Mr. and Mrs. George
4 Birmingham.”

-eler queried.
ied. “But she—there was A

ee, she'd been married once
er first husband was jealous of

‘ok his head. “As far as I know

they separate ?” :
now that, unless it was for the
that she and I separated, Too
men !” .
sus Annie Adkins was a. part
Peveler. This opened up un-
silities as to motives for her mur
had the opportunity to kill her?
iecided that a check on those per
id last seen Annie alive might
answer.
owing the body to be removed
Imes and Rickles again searched
or possible clues. Whoever had
id done a good job, for Annie
-yssed up expertly. — *
Peveler’s fingers closed aroun¢
otally foreign to the bundle o

IVE Mabel McCutcheon (left) was
of a foursome that included Annie
, the murder night, but she didn't
ere Annie went after one o'clock.

we ee

DEPUTY H. C, PEVELER is shown :
- at left with the aged William Dens- . ,

Sea Se:

Rt was Peveler who, was largely

wie

s t i) man later executed for the crime.
az

Senee

flesh and wire. He examined the object for a few moments.

“Look, fellows!” he exclaimed. “Maybe we’ve found the
killer's calling card.” ;

Holmes and Rickles looked at the object. It was a rubber
heel from a man’s shoe!

“Any manufacturer’s marks on it?” asked Rickles eagerly.

Peveler shook his head. “Worn as smooth as a button.
It will be hard to trace, but it may be possible.”

It seemed that no one but the killer could have left the
shoe heel behind. But how had it been caught and wrenched
from the shoe? Had thé slayer deliberately stamped on the
body after wrapping it in the wire? Could that account for
the horrible marks on her face and head?

more, grandfather-in-law of the

responsible for the conviction.

”

“Perhaps we can trace the chicken coop wire,” Peveler
said. “But that can wait. I’m in favor of looking into the
woman’s love affaits first. From what ‘I hear of her, we'll
have plenty to look for.”

7 hea the body had been removed to the morgue Deputies
Peveler, Holmes and Rickles drove at once to the modest
frame home’ of the Swaffords, on Nineteenth Street in nearby
Birmingham.

As gently as possible, Peveler -broke the news of the
tragedy to Annie’s parents. The gray-haired mother sobbed
uncontrollably, Elderly George Swafford endured his grief
with heroic calm,

“We need your help,” Peveler told the sorrowing parents.

“1 want an.account of everything that happened Saturday

—what Annie didy who came to see her, where she went that
night, whether or not she said anything that might give us
a lead.” :

Carefully George Swafford gave the deputies the details
Peveler requested. “And late Saturday,” he concluded, “about
eight o’clock, I judge, Annie went off with the McCutcheon
girl. That was the last we saw of her.”

“Who is the*McCutcheon girl?” asked Peveler.

“Foster McCutcheon’s wife, Mabel. She and Annie were
pals.”

Peveler made a note of the name, Then he asked: “Did
Willie Adkins ever threaten to’kill your daughter ?”

George Swafford looked surprised. “Willie? No! He
wouldn't harm a flea!” j
“Know of anyone else who might want to kill Annie?”

A SHOE minus its heel was found
in the home of Jim Franklin (above),
where Malcolm.McDaniel stayed—
and the rubber heel found wrapped
‘up with the victim's body matched
the shoe and implicated McDaniel.

“Well I can’t remember anyone right off,’ answered
Swafford hesitantly.

“Think hard!” Peveler advised. “Just a hint might be of
help.”

Swafford glanced up as if the question touched off some-
thing in his memory. “Come to think of it,” he said slowly,
“I did hear about someone who said he’d kill her. But I
took it more as a joke than anything else. He’s been around
the house so much, he’s more like a son.”

’ “But he did threaten her ?”

“Yes,” said Swafford. “She’d testified against him in an
auto theft case. And after the trial was over and he had been
sentenced, Bill—that’s Annie’s brother—said he heard this
fellow say: ‘She'll never live to testify against
me again!’”

“Who is this man?” Peveler asked.

Swafford glanced around the room appre-
hensively, ‘I don’t like to say—I’m sure he had
nothing to do with Annie’s death. But—well,
it was Connie Vaughn.”

Connie Vaughn! Peveler and every law en-
forcement officer in Jefferson County knew the
country boy from. Mississippi who had set up
his bootlegging outfit in the pine hills at Mineral
Springs, a rural crossroads near Birmingham.
Peveler knew him always to be in some sort
of trouble with the law, but he was as smart as
a fox and “beat the rap” in more cases than not.
Although he came from a good family, he had
clearly proved himself a black sheep.

“Where does Vaughn live?’ Deputy Peveler
asked. He was not acquainted with Vaughn’s
current location, for the youth had a habit of
playing hop-scotch over the hills with Prohibi-
tion officers in his efforts to elude the law.

“About a half mile from Bain’s Lake,” an-
swered Swafford.

Did this mean anything—that Vaughn lived
so near the place where the body was dis-
coyered? This, and Vaughn’s possible hatred
for Annie seemed to add up as worthy of in-
vestigation. Yet Willie J. Adkins was still a
suspect. Was not frustrated love a more power-
ful stimulus to murder than a,sentence in a minor theft case?

Peveler secured the address of Mabel McCutcheon, and
the three deputies drove to her house. A few moments later
attractive Mabel McCutcheon was relating to the officers
the details of Annie’s last evening on earth.

“Annie and [T went on a party with a couple of men,” Mrs,
McCutcheon began.

“Who were the men?” asked Peveler.

“Well, [ was with Malcolm McDaniel.”

“And Annie—who was she with?”

“Connie Vaughn,” answered Mabel McCutcheon.

“Vaughn?” echoed Peveler. “Hm. Isn’t he married?”

“What's the odds?” replied Mrs. McCutcheon. She struck
a match to her cigarette, then resumed: “For that matter,
everyone in the party was married but Malcolm McDaniel. We
were just out for a good time.”

“But isn’t it rather strange that Vaughn and Mrs. Adkins
would be going out together since she testified against him in
that auto theft case?”

Mrs. McCutcheon laughed. “TI see you’ve alrcady heard
about that! Annie didn’t take the threat seriously. And she
liked Connie. He’s a good-looking fellow and a gay one,
even if he is married.”

“About the party,” Peveler continued. “Where did you go
and where did you last see Mrs, Adkins ?”

“Well,” Mabel McCutcheon began, taking a long breath,
“first we went to the municipal auditorium in Birmingham for
the regular Saturday night barn dance. From there we went
to a couple of taverns around the county. And we finally
wound up in Greenwood’s Cafe in Lewisburg for some beer.”

19

«<


DAMES & MOORE BAGGAGE CLAIM IMPROVEMENT PROJECT, MOIA

JANUARY 1997 MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Chapter V
REPORT PREPARERS
fii a a
Dames and Moore

Gayle Borchard, Environmental Manager
Jeffery Stephens, Environmental Planner
Brodie Owens, Staff Scientist

34

{|| Fy] |
rT | We

Alabama man executed for 1982 killing
January 10, 1997
4.09 am. EST (0909 GMT)

ATMORE, Ala. (AP) -- Condemned killer Billy Wayne Waldrop smiled and sang "Amazing
Grace" just before he was executed in the electric chair early today for shooting a 72-year-old
man during a 1982 arson and robbery.

Just hours before Waldrop, 44, was killed he professed his innocence and Christian faith on a radio
station.

When he was strapped into the electric chair just after midnight, Waldrop sang "Amazing Grace"
and waved to a minister friend in the witness chamber.

Waldrop was put to death at Holman Prison for the murder of Thurman Macon Donahoo.

Donahoo's burned body was found in the charred ruins of his 100-year-old home after a robbery
and arson in which $130 and a 5-carat diamond ring were stolen. He was fatally shot in the head
before the fire was set.

"With Christ as my witness, I did not take this man's life," Waldrop said in a interview taped and
aired on Christian radio station WDJC of Birmingham hours before he was executed. "For the last
11 years I have devoted my life to serving Christ."

Waldrop has long maintained his innocence. At his 1983 trial, jurors heard a sworn statement in
which he said he took part in the robbery and arson with William Eugene Singleton and Henry
: Leslie Mays. In the statement, Waldrop claimed Singleton shot Donahoo.

*= Singleton served 10 years for conspiring to burglarize Donahoo's home and was paroled in 1994.
Mays died while awaiting trial.

a

: Donahoo's killing was less than two years after Waldrop finished serving 7 1/2 years for the 1973
= torture slayings of two men in Calhoun County. His initials were carved in at least one of the
i bodies.

<>


a
+ fa ee
3 by pias
Me
Hits ;
“ha
we
/ et)
. oa NA
5 4 r

SAME? WALDROP, BILLY, WAYNE TS tas RRR ee PES POO Es POO ELIT) NUMBER: -362 .
$3 YoRe: 97 DR es GO00dsue « MSR eo oO OROCU TION TIME: .OOTI
SOC. CLASS: BOO, Cuass- EXEGO TT SIT: 87 /01l/1O-ERe. NO. :
JRACE YW SEX: M TO-DR! 13.4 tims 14) Ahan me WERE Ad DOB: 52/02/06
STATE: AL, : CO» CALHCUM..” : 2 RALLADG Si. Sia: ALPINE :
HOR: ANNISTON Al _ HiME IMOVIBS
n “LP 3 Ct 3 EB; 2. Seace -Lrer:
DATE OF CRIME: 1982/06/02 — - AGE Ai! CRIME; 30 CATEGORY: LHO:
DATE OF SENT.: 1983/03/22 WEAPON: BEATEN & SHOT
CRIME: MURDER-ROBBERY-BURGI APY fs NO, REEDS 1 TOTAL KILLED: 3
| : WECD ! COSEs were
CMTS#]: THURMAN MACON DONAHOCO se 1724 : :
. ~“home invasion", ‘fobbery, get “Sire “to the house , 82/06/02-3
-beaten & shot «Aa .
~$130, diamond ring. guns, ailverwere, & tape recorder

-RNOWN PREVIOUS CONVICTIONS: 50+ eeRES" sj; MUROHR (2 COUNTS) (ON PARC).

ACCOMPLIGE: SINGLETON, WM. ©. (1°Y3S). MAYS (bi#D) FIRST ENTER:
CMTS#2: 4>>> ‘USSC REJECTED APPA! 88/10/24 «<<<
~~wh ein prison has staboal an jomate, attacked others

“ARREST: . arrested in Ch 22/07...

~“STATEMENTS: 82/09/15; 84/40/13
~~Later appeals to thers: one che eenfeasions — ¥
“part of transcripts, cold offi..ce that he knew his rights better

Bie | sah ni Maj ‘they did 6 0"

ACCOMPLICE | ‘

HENRY LESLIE MAYS [| ge -cdied awaiting trial
WILLIAM EUGENE SINGLETON + 4] -CONSP. " 1O¥RS

LAST WORDS: “He said he had “od in hig ijt that he was ready to go and he
hoped that the warden would be in the ayo. vosition that he was in
~—“epiritually," Bf peas

““@eng “Amazing Grace" & waved at a miji cher

Kel ap se

\

DASH een eteck, fv ica onions & wwehyooms, -attsd potato, salad, choc. ceke,

HUMOR~STRAN®:*. :

SOURCE: AL DOC; 11th Cefa ~ IQ LEVEL:

OMTS43: PREVIOUS CONVICTIONS:
TE i eles PPR RR ee eR ( }
Be A 8k m4 & tet arene. ¢ b i i ‘
“LOkCUNG MEtdar Gk Gwa men, carved his initials on
their hodleg”

+


7yrs ->life
. served 7.5 yrs

Attachment: CLAIMS: . bie i
~-abusive background: -claimed his father, uncle, & sister sexually
abuséd him ~all denied
{courts at three levels "abuse not credible"}
--mental instability -not proven at any level
--neurological damage {gunshot wound in 1981} & seizures
~no evidence except the statement of his & his
mother -"not seen except by them”
-wound not in area of brain that would have caused
~never reported to doctors, etc.

NOTE: a reference is in the APPEAL that he was denied certain levels of
visits after a visitor tried to bring a weapon into the Talladega facility

es, MB ee

™

2

ALABAMA.

Wisa, 3. WARD'S TRAGIC Hi3 TORY AND
DEATH.

Jiurders a Nan (un Coll Bleod--Rends

the Heavens with Pl as fer Pardej5"20c’. If there were a single douvt in|

and Mick« the Zacket at the Kad of
a Rope.

Wa. J. Ward, the Dale couaty mur-
Ger, was hung xt Ozark, the county
Stal, on Yesterday.

Waililam J. Ward was born in Data
cCouaty, of respictable pareats,ia 1335,
and was, therefore, something more
thas ofty yezrsold. He resided in Dale
county all his tifa. Hehad » eommoa
education, and was a man of more than
Ordinary inteRigence, good address and
polite m:nners. He wasabout five feet,
six inches tall, carried himself wel!, bad
blue eyes and was considered rather
handsome. Heleaves Sis third wise
and fourteen children, having lost two
wives by death. Meeting him, rightly
at himself,ons would have been in-
pressed with the fact thet he carricd
along with him many of the fustinets
that characteriz2 the gentleman.

THE CRIME

for which Ward was hung was the mur-
der of Jacob J. Parmer in Dale couuty,
September 30:b, 1883. It wasa bright
September afternoon,and Parmer pass-
ed through thea little viltazsof Este, on
horseback, golag down the road toward
Newton.

5000 after, perhaps within a half hour,
Ward was ses toride offin the same
direction, and shortly returced repialy.
He was tidiag ared mule, in stracge
keeping with tbe bluody crime he comn-
mitted.

Later in the evenicg, Parmer was
foucd by his friends lying by the road-
side four miles from Evho twice wound:
ed, with the lifcbioon ebbing fast wWay.
Kind haads carried him home toae
Night—houie to linger but 4 iittla while
amid the prayers xod tears of the loved
ones there, and theatodie. And when
the sua hid risen, then te was dea is and
tha? iitth home was sabled in griet,

Tr a ecco re eserves - 3 mae 08 w.

dh on ee

ELOARD, WIL M. WTS Hance
O2A4R bh Ae 3-14-1660

]

‘commute the sentency and in reply to
ithe petitioners said: |

AMM ANE A mm SN A

%

THE MONT

were actuated more or less by thissame
feeling regardless cf the truo status cf

the case. :
Tae Governor, however, refu3ed to

es

“[ regret. that the reasons urged for
cJmmutation dd not raise a doubt of

NY

my duty ia the premises. The petitions.
do not even allege a mitigating circum:

I my mind I would te quick to give the! ww
MN LiNtofittothe doomed map. Iam QR
coustrained t9 let the sentence of death | ~<
B-execit d.” NX

Oa Fetday, the 12th iast., just one} 2
week before the day of execution, Mrs} N
WatJ, wifeof the doomed murderer, ¥
V.sited Montgomery, sought the Gov- \

6-no, and beseiged him witha prayer to
commute the death seatence, or grant
her husbard a respite. Painful and
tryiczg as it was, the Governor lirmly
refussdto change the seatence in any
way, Saying that thera was absolutely
nothing to justify executive interven-
tion, and that it was his solemn duty to
S22 the laws faithfuily executed.

A. Gnalappzalin tha doamed inan’s
behalf wa3 madeto Governor O'Neal
last Wednesday nizkt by a committee of
citiz2zs from Dale county. One3 more
the Governor, in obedience to the dic-
tates of duty and honest convictions, re-
fused to commu’‘e the death sentence or
grant a respite,

In mora ways than one,the Ward- |

*armier murder case is remarkable.
Dal2 county is ina quiet corner of Ala-
bama; its annals are uneventful an its
people are peaceful. The killing of Par-
ner Very naturally caused a wave of ex:
citemeni, and for atime the teeling of
lodignation against Ward, the murder-
er, ran high auong the peopt:«. Latter-
lv, however, there seems to have been a
partial reaction in the popular senti-
ment, and the petitions in his behalf,
While urging no valid reasone, have been
Strong and numerous. There was no
food cause for making a commutation
uf the death scutenee, or granting a re-
spite, hence botn were firmly refused.
line Governor koew his duty aud did it:
taaf, was all,

Ward was the lirst white man hanged
‘ormurderin Alabima siae. the lite
war, But itiil poes to show that when
wie MIN CvwuMits niurder.in cold blood
and satis his hands wich the lifeblood |
of another, Ne must suffer the conse |

q
4

Apps RTLSEXR MonST Cour RY [a7 AmA


direction, and shortly retureed rapicly.
flewas riding ared mule, in stragye
keeping with the bloody crime he co:n-
pitted.

Later in the evenicg, Parmer wis
found by his friends lying by the road-
side four miles from Evho twice wotnii-
ed, with the lifebioo’ ebbing fast away,
Kind haads ecatrivd Bim home toate
night—home to linger Dut @ iitth while
amid the prayers and tears of the loved
Ones there, und theato die. Acilwhen
thesuad had risen, then ne was dead; and
that litths home was sabled tn grier.
The dyiog man remaiped coaseious to
thelasr, and inthe presauea@of witnedses
mad? adeuthbead dechiration, Phe wit-
nesses Were Charles Brannon, William
Woodham, R. HW. Bright, Seaborn Bran-
non, Jer Ve ative snack add J. J; Beh-
Nelivid. Varmer said that white he wes
riding Mong quietiy toward home Ward
rode up aod asked him (Parmer) bis
name, Parmertoid him, agd then with-
Out unother word, Ward drew a revoly-7
aod shot him twice, tirstia the back av!
then in theshoulder, Thedeceased sat
he kuew Ward very well.

Dr. I. J. Sia@p3on, the atteading phv-
sictan, testified thut fe reached Parmer
about one o’elsck on the morning of Oc-
tober Istaad found him dead. Tire phy-
sician made a professional examlasutiog
of the wounds. QO3e shot entered trie
left side near the spine and cane to the
surface two inches below the left nip-
pie. The otoer shot eitered the right
shoulder rather behind and cama near

the surface ja front nearthe axilla, One:

bullet passed very near the heart, and
the other piretrated the rigat tung.
The ptiysiciau gave it as his opinion
that either wound would have produced
death. ‘a9 weapon that did the mur-
derous Work was u thirty-two calibre
revolver.

THE TRIAL.

The ca3a bas been rather a remarka-
ble one in thecriminal jurisprudencs of
Alabama, Ward was arrested on & war-
raut charging oid with the murder of
Parmer, He had a preliminary trial,
whicn resulted in his commitment to
prison without bail. |

The prisoner applied to the Chancery
Court, through his counsel and by writ
of habeas corpuy, for bai]. He was rep-
resented by Col, Wm. C. Oates, Con-

ressman from the Third Diatrict. The
Chaocery Court refused to allow the
prisoner bail and the case was then ap-
pealedto the Supreme Court. The Su.-
preme Court sustained the reading of
the Chancery Court. Vhe prisoner was
then tried in the Circuit Court of Dale
county.

‘The jury in the ca3e returned a ver-
dict of guilty of murder 1n the first de-

;

iment, and the petitions in his bebalf,
while urging no valid reasons, have been
strong and pumerous, There was no
good cause for making a coramutation
vt the death semtenee, or granting a re-
spite, hence botn were fismly refused.
Y'ne Governor koew his duty aud did it:
that was all.

Ward was the lirst white man hanged
ror murderin Alabima sincs the Jate
Wit, But itil goes to show that when
one Man crmmits niurder in cold blood
and siaics hig hands with the lifeblood
of another, he must suffer tne conse- .
quences; and wealth and friends and in-
Hueaee cau not always sive him from
the punisamenst dictated by even haa.
ed Justus. The hiocing of William J.)
Ward for the murder of Jigob J, Par-
mec Wall be remembered in the
YeovstO Come: UWisu remarkable event.
in the csuntry’s hi-tory.,

GREEAVILLE.

wlecial tothe Ady ertiser.

GREENVILLE, March 19.—The Butler
Mics will have a prize drul next Tnurs-
day night. Four tuurs will drill fora
gold medal, and iive fours of “reecuis”
Will drill t.-r a prizeto be selected here-
after by the cumnpany. The urst Neu-
tesant will drill the first named four,
und cach of the five sergeants will dri]
oue tour each of the last named fours.
Much ioterest iz relt in these drills by
tne members of the compuuy, and the
conipetition engendered make them
quite interesting to the public.

{luntsmen are now waking raids on
rid lurkeys io tais vicinity, Some tine
one3 have been killed by some of our
citizens.

Ion. G. R. Farnham, of Evergreen,
spent yesterday in this city.

A very handsome bracket desk was
railed Wednesday uight by Mr. C. H.
McMillan, of this city, for the sum of
S00. Mr. MceM. made 1t duriog le:sure
moments,

General Frederick -C. Winkler, of

Milwaukee, Wis., is visiting his brother.
Mr. A.G. Winkler, of this city.

Rey. Mr. Porter has retugned to
Greenville, on a few days’ visit to his
ape AR who are stoppicg here tempo-
rarily, e ;

The court house in this city is under-
golug a thorough repairiny, and wi.] a!-
most look like a new building when tha
Job is thnished.

Mr, Charlie Morris, of this city, ro-
cently exhibited a queer object io the
vay of achicken tu your reporter. It
has four well developed legs. ‘'wo of
the legs—the ones the chicken use3—go
out from the body in a natural manner,
and the others stick out in the rear of

these. ‘The chicken is nearly a weet |


*
b
;
‘
¥

weg ye

we

4 a a ier ores =
Rat ORR te Weert fer ye er
peas age? 3 a 3 : a ‘

— ww we eee wo -_— ow o-oo ew & Se wee w @ Veers ees w® Le Y

the Chancery Court. The prisoner was
then tried in the Circuit Court of Dale
county,

The jury inthe cause returned a ver-
dict of guilty of murder tn the first de-
gree and fixed the penalty of deat!: b
haoglag. Again ths ca3se was appe ied
to the Supreme Court, and again the ce-
clslou of the lower court was sustained.
The prisoner was then seatenced, and
the date of execution tixed on the 0:h

as of March, 1586, which wag to-day.
t

{3 said that l’armer had purchased
some land which Ward expected or de-
sirel to purchase, and that brought
about the hard feellug between ther,

Ward was merchandising at E:bo,a
small village in the eaztern portion of
Dale county, and had for sometime been
udvancing money, suppilfes, &2., to one
Jacob J. Parmer. During the coursaot
their various business transactions, Var-
mer purchased from W. W. Wlikin3on,
a rezideat of Butlercounty, Alabama, a
tract of land for which he agreed to pay
sixteen bales of cotton, the trade being
not directly with Wilkinson,but through
Ward, who represented himself to Pur-
mer 43 beicg Wilk'n3on's agent,

When about hult the cotton had bean

aid over to Ward, Parmer found tnat
Ward wa3 not the agent of Wiikinson,
but that ono Acree, living in the com-
munity, was, and that he could have ob-
tained the land from Acree for eight,
bale3 of cotton, just half of what Ward
charged him, le thereupon patd over
eight bales to Acree and obtained titles
tothe land. This action of Parmer

. Beers to have enraged Wardand hain.

mediately resolved to get rid of hii,

And on yesterday Willlam J. Ward,
in the full maturity of a vigorous man.
hood, passed from the footlights of time
behind the drop curtain of eternity, Ife
sitnply paid the penalty of kis crime—
life for life; that was the sentence
passed by the judgeand jury,

“Ward has long been known among
his neighbora as a man o? bad charue-
ter, having been suspicioned of killing
other men in Dile cou:ty, but upon
these suspicions no proof could be made
at the time.

THE PLEA FOR COMMUTATION,

Petition after petition was presented
to Governor O'Neal praying for acom-
mutation of tho dcath sentence to iin-
peisonment in the penitentiary for life.
The main reasons urged by the pet‘tiong
praying for the commutation wers
inet homicides are rare in Dale county;
that the killing of one white man hy
another caused a wave of excitement
and indignation against Ward,the mur.

derer, and that the jury who tried him

pway or acnicken lu your reporter, It

has four well developed legs. Two of
the legs—tiae ones the chicken uses—go
out from the body in a natural manner,
and the others stick out in the rear of
these, The chicken {sy nearly a weex

¥ {old and apparently healthy.

A counterfeit silver dollar in circula-
tion, dated 1683, has been discovered by
Mussrs. Joseph Steiner & Sons, bankers,
of thiscity. It is 315 grains lighter
than the genuine silver dollar.

CALERA.

Special tothe Advertiser,

CALERA, March 19.—The attendance
and interestin the revival at the Metho-
dizt Church increases.

Mr. J. 13. Adamg, General Manager of

Calera Lind Company, is here to-day.

Mr, Jus. Welly is representing the Star
Lottling Works in Calera to-day.

Mr.S. J. Large yesterday purchased
Mr, Varner’s half interest in the lime
kilu -Jocated about three miles from
here, nad lately operated by Varner &
Company.

BIRMINGHAM,

SAT

Spectal tu the Advertiser,

BInMINGNAM, March 19.—The street
railroad compiicstion, as to Eighteenth
stccet, reached a pofnt to-day where the
Mayor felt called upon to take a hand
for the preservation of the peace, Be.
sides the men at work on the southern
end the new company, first thing this
morning, put amall equads all along the
street north cf the railroads, where the
old company madaa beginning yester.
day, ‘(nis gavethem about sixty men
1y ull on a line, some three-quarters of
a mile vat The old company then
started men between these squads, ‘he
Birmiogham and Pratt Mines new move
was reported to the Mayor before court,
and ut court.he ordered the Marshal to
go down on the Hne of work and ree
shat there was no collision. After the
second distribution of men Mayor Lane
Stopped both sides under an avyreemant
with Mr, R. H. Pearson, thé old con.
pany’s lawyer, that a bill of
Injunction should be fited right away.
Mr. Pearson filed his bill before Chan-
cellor Cobb; thi3 afternoon. Messrp,
Hewltt, Welker aad Porter wil! uaswer
it for the Birmloghara and Pesti. Mines
Company. ‘The cefense will nu doubt
be that the Birmingham Street Railroud
Company’s francbise ought to batreated
as forfeited a3 to the street ipvolved by
the faliure to make any usyof it all
these years. |

There is almoit as big a boom In AJa-
bama & Chattanoogairon lands eg in


ary 8, 1872, d September 21, 1929. She was the daughter of
Seab and Winnie Smith. Their children:

Lela b November 19, 1891 and Lola b June 27, 1908.

Echo Cemetery:

Wyley F. Ward b July 9, 1857, d July 10, 1926.

Winnie Ward b January 26, 1840, dApril22, 1924, was daughter
of Johnathan and Polly Ward; m March 31, 1863 Amos Chancey b
December 11, 1842, son of Thomas and Polly Chancey.

Center Cemetery Gravestones, Henry Co., Ala.

Jonathan Ward b April 23, 1811, d October 13, 1808.

Mary Ward b April 17, 1822, d August 28, 1861.

Elender, wife of J. C. Ward, b July 24, 1819, d July 18,
1895. nee

John C. Ward b November 23, 1808, d May 15, 1901.

WATT FAMILY

Watt Family marriages in bible of Samuel & Mercy Rice
Watt * In possession of Camp Blackwell. .

A. C. Day and C. B. Watt m February 7, 1807. Samuel Watt
was m to Mercy Rice January 28, 1808.

Robert M. Espy was m to Elizabeth Watt, October 7, 1824.

John Howard was m to Letitia C. Watt February 14, 1829.

Robert Hardwick was m to Sarah Watt September 27, 1832.

James M. Reeves was m to Susan R. Watt, September 1, 1835.

John S. Watt and Susan T. Defrise were m December 28,
1841.

William B. Watt and Emily E. M. Hampton m October 27,
1841. oh

Frances M. Blackwell was m to Louisa M. Espy Marc ,
1845.

Children Births: —

Betsy Watt, daughter of Samuel and Mercy Rice Watt, wa
November 28, 1808.

William B, Watt was b September 21, 1810. =

Letitha Cumi Watt, daughter of Samuel and Mercy Rice ’
was b January 10, 1813.

Sarah Watt, was b April 3, 1815.

Susannah Watt was b May 4, 1817. =
Nittwrah Watt, daughter of Mercy and Samuel Watt, wa
March 2, 1819. ce
John Seaborn Watt, son of Mercy and Samuel Watt, wa

June 27, 1821. ot
Susan T. Watt, wife of John S. Watt, was b January ae si :
William B. Watt, son of John S. and Susan T. Watt,

October 8, 1842.

Mary Frances Watt, daughter of Ww. B. and Emily E. Mm.
Watt, was b November 24, 1842.

Francis M. Blackwell was b November 8, 1815.

Louisa M. Espy was b July 6, 1825, Daughter of Robert M.
and Elizabeth Watt Espy. :

Robert Marion Blackwell, son of Louisa M. and Francis Marion
Blackwell, was b May 20, 1848.

Eliza was b March 27, 1834.

Milas was b October 21, 1835,

Samuel was b August 28, 1837.

Daniel C, Blackwell was b March 4, 1850, son of Louisa and
Francis M. Blackwell,

Thomas L. Blackwell, son of Louisa and Francis M. Black-
Well, was b November 27, 1855.

Harriett C. Blackwell, daughter of Louisa and Francis M.
Blackwell, was b November 27, 1870.

Deaths:

Samuel Watt d May 14, 1823.

John Seaborn Watt, son of Samuel and Mercy Rice Watt, d
June 3, 1843.

Mercy Watt d April 5, 1844.
Robert M, Espy d May 16, 1858.
Elizabeth Watt Espy d April 26, 1859.

Louisa M, Blackwell, wife of Fr. -M: Blackwell, d February
8, 1885.

Francis M. Blackwell d December 5, 1895.
Robert Marion Blackwell, son of Francis M. and Louisa Espy
Blackwell, d January 26, 1929.

Emily d May 10, 1839,

Avarilla Richards, wife of Thomas L, Blackwell, d May 15,
1929,

Daniel Camp Blackwell d April 8, 1924,

WEEMS FAMILY

Bible of Francis Marion Weems and Frances Franklin Lingo
Weems of Clopton, Alabama * In possession of Miss Pearl Haynes,
Headland, Alabama.

Francis Marion Weems was b September 22, 1835, d May 20,
1874,

Frances Franklin Lingo was b June 16, 1844, d August 12,
1918,

William Moses Weems was b July 16, 1868.

John C. Weems was b January 11. 1870


42

trial was denied. His case was pre-
pared for the Alabama Supreme
Court. But on October 8, the judges
refused to reverse the verdict. Con-
nie was taken to Kilby October
9, 1938.

Although it looked as if Connie
must surely die when the supreme
court refused to grant him a new
trial, my hopes were raised by a
series of letters Malcolm McDaniel
had written to Connie. For Malcolm
confessed in his letters that he, and
he alone, killed Annie Adkins! And

he promised to tell this to the.

Governor.

Connie and I were jubilant. Jack
Payne, Connie’s lawyer, filed the
letters away for safe keeping and
prepared to go before the Governor
on November 9 with a clemency
plea. :

On November 9, Connie himself
went before the Governor. I wasn’t
present so I didn’t hear of the story
Connie told the. Governor. He told
Governor Graves that he was with
Annie Adkins on that fatal Satur-
day night and admitted practically
everything the state contended ex-
cept the actual murder! - :

WAS stunned! I have never for

a moment doubted the story
Connie told me of where he had
been that night. I guess he wanted
to save me as much pain and heart-
break as possible! But if he had
only told me at the time of his ar-
rest what the true circumstances
were, we might have been able to
save him! For his stubborn denial
in the face of five witnesses that he
was not with Annie that night made
it look all the worse for him!

Connie told Governor Graves that
he had let Malcolm have the car to
drive Annie home. And when he
had been awakened at 2 p.m. by the
Negroes: wanting whiskey, he had
found Malcolm sitting in front of
our house in our car. 3

When -he -asked “Malcolm. what -

had happened to Annie, Malcolm
said that he had killed her. Then
he took:Connie down to the lake.
and showed him Annie’s_ body.
Connie said he knew she was dead.
because she had a bullet hole in
her head.

Connie told Malcolm: “You'll get
the chair for this!” }

Malcolm answered: “No, I won’t!
You’re going to keep your mouth
shut. I’ get rid of her body!”

Connie came on back to the
house, too frightened to tell even
me about it.

And the last time we saw Mal-
colm until he was arrested was on
Monday night. He and another man
came to the house to get some
whiskey. I am satisfied now that it
was Malcolm and this other man
whom Mother and I heard discuss-
ing “getting rid of something!” If
I had known then! And Malcolm
used Connie’s chicken wire to wrap
the body in! . :

From then on I spent all my time
trying to get an interview with
Governor Graves. I would convince
him that Connie was innocent!
Finally, Governor Graves promised
that he would see me on Novem-
ber 23.

No one can ever know how much .

I rehearsed my interview with the

CRIME CONFESSIONS

THEY KILLED MY HUSBAND

Governor. I cannot fail, I thought!
And when the great day came, and
I was in the Governor’s presence, all
I could do was to beg, cry and plead

-for my Connie’s life! It meant so

much to me!

Finally, the Governor promised
that he. would talk to Connie on
November 24, Thanksgiving after-
noon before he was to die the fol-
lowing morning and that I could
be present.

On that day, I went down to
Montgomery. I saw Connie twice
that day and was present in the hall
when the men condemned to die
were brought down to talk to the
Governor in the warden’s office.

I lived an eternity during the five
minutes Connie was closeted with
the Governor. I was in an agony
of suspense, which was climaxed by
Connie’s appearance in the door.
When I saw Connie I knew the
answer, ;

“T’ve got to go, hon,” he told me.
I went to him and clung to him sob-
bing. ;

“You can’t die!” I shrieked. “Oh
you can’t die!” ,

The warden pulled me away from
him by sheer force.

“You can see Connie in a few
minutes,” he said.

Later, when I was ushered into
Connie’s cell in death row, they. had
already shaved his head, and he was
crying. I tried to brace up and to

A

Gunning for a $56,213 army payroll, two bandits, masked in real "Wild West" s
iL, but trainmen were too quick on the draw. Wounded bandit is shown being taken from train.

CONTINUED FROM PAGE 29

be brave for him. I could hardly
get the words out, but I managed
to say: “Connie, are you ready to
go?”

He nodded and asked me to kneel
and pray with him. So while the
chorus of men’s voices filled the cor-
ridor of death row, I knelt down,
with him ...he was inside the
cell and I was outside... and
prayed with him that God would
receive the soul that was going to

, be liberated from his body by the

electric chair.

= I went downstairs, and Dr.
Wyle, pastor of the Birmingham
Christian church who had worked
so hard to save Connie, came to see
him. I walked up and down the hall
in an agony of despair. Everything
was deathly quiet except the sing-
ing and praying which went on all
evening.
Finally, when I knew in my heart
that there-was no more hope for

my darling, I called my.sister, my—

uncle and two others in Birming-
ham and told them that Connié
would have to go shortly after mid-
night. They came to Montgomery
as fast as the car would let them
drive, and they were allowed to
see Connie. ;

At eleven o’clock, we tried again
to convince the Governor that
Connie was innocent of Annie’s
murder. We called him on the

——
Sp 's

phone. Annie’s mother even tried to
get him to’let Connie off. But he
told us that we were only annoying
him.
A little before midnight I was
allowed to go up and see Connie for
the last time. Connie told me he
was going to send me his few be-
longings. Then the warden opened
the door and let me in. I looked up
and he gave me a sweet smile and
reached his hand to me... the
touch of his hand was the last thing
I knew. I fainted in the warden’s
arms and was carried down the hall.

When I had revived, Dr. Wyle
told me that Connie had sent him
down to ask me if the funeral ar-
rangements had been made. I told
him to tell Connie that everything.
had been made ready. I told some-
one to call the undertaker and they
sent the hearse down to take
Connie’s body. They told me after-
ward that Connie was the steadiest
man in.the room: He walked with-
out help_into.the.chamber. Before
he sat down in that awful chair, he
asked permission to shake the
hands of the witnesses. One man
fainted and another broke down
and cried as Connie shook hands
with them and murmured: “Glad to
have met you.. . . glad to have met
you... it’s been a privilege know-
ing you...”

Then when he sat down in the
chair, he asked permission to say

TRAIN

tyle, shot up a passenger train near Onarga,

The other escaped.


home last night.”
“Did she say she was going to
stay?” asked Mother.
“Nope.” Grandfather
- stream of tobacco juice at a rock
in the yard. “But when she didn’t
ae ome home, I figured she stayed
“after all.”
.. ,An expression of fear and an-
xiety shadowed _Mother’s face.
<2 “Then that is what .my dream
Me ‘meant,” she said slowly. “I dreamed
that a body was found in Bains
lake. Ma could have fallen in. .
oh, you’ve got to go. see, about her
«a+ now!”
Grandfather “was scuttling down
. the road before Mother had ended
“her tirade. As he passed Bains lake,
he remembered Mother’s warning,
walked over the dam across the
water and glanced , jout; over the
ogres expanse.
. And as she looked Sn at his
, feet he saw an object which caused
his flesh to crawl. At first glance,
“his terrified heart told him that the
gruesome bundle sticking up out of
the water was eg
.. Marshalling all the courage he
(Etnd sew—not, Grandmother's
ee and -saw—not Grandmother’s
5, shrunken form—but the nude, firm-
” fleshed body of .& young, beautiful
PF’, -girl. He could’see that’ the body
owes trussed up in chicken coop wire.
The girl’s ban red tresses were
floating on: top-of the eaten
face Jookedas ifa — had pawed

oie his is legs ainéet bustling un-
from the shock of the sight,

baken Geer the Bull te he's
law’s where ‘he. pound Leeaee mother

ome — wellage. © Cionone

~ cea” pa in. Bains
a like murder!” he shout-
ated excitedly to Sheriff Fred McDuff
“sin his Birmingham offices... i
* Deputy Sheriffs Henry Holmes,
#*Dewey Rickles and H, C. Peveler
>, arrived: from.the. Jefferson. County.
Sheriff’s office in. eeaes aaah ;

.f A young inal Wil A hartied ex-

pression on his face el ed his way
nae =through the crowd «and walked
across the dam to. where Grand-

Metather, and the three aaputien stood.
S ig you know this hy all
£ Peveler pool the young man.*;

He gazed at the gruesome bundle

ier in the chicken coop He

when he saw the bloated

of the girl’s arms “pressing

against the wide wire mesh, as if
struggling to escape its bonds.

A strangled moan, escaped the
young man’s lips. “I
wife!” he sobbed. Fs;

“What is your name ,
veler.

i al sen mtn vem ae te
z
zs
al
Le
2

.folks*know where she was
orrieds, I always knew
' this would happen

thidk, that?”

“Because she.took. tod many risks
—went out with’ mi
men!”

spat a’

Her -

4 f
¥ thought at first she was stay .
with friends but when she didn’t

‘the dead girl was the daughter of

Mr. and Mrs. George W. Swafford,
1903 Eighteenth Street, Birming-
ham. A special officer was sent to
the Swafford home to inform the
girl’s parents of the tragedy.

Coroner Gip Evans and his crew
of assistants arrived and superin-
tended the removal of Annie’s body.

“Look!” he exclaimed. “There
are several rocks caught in the mesh
of this wire—say, the killer must
have weighted the body down with
rocks. - When they slipped through
the wire, the body rose to the sur-
face!”

Grandfather noticed Deputy Pe-
veler slip something he had taken
from the bundle of black flesh and
wire into his pocket. Idly he won-
dered what the object was. Had he
only known, my husband’s terrible
destiny might have been changed!

I was going about my work as
usual that Wednesday morning, un-
conscious that anything unusual was
going on until I noticed a stream of
cars racing by the house. My first
thought was that. there had been
an accident on the Gardendale high-

way. é
A half hour later, Mother walked
in the door. There was an appre-
hensive expression on her face. ©
“What’s the matter?” I asked.
“It’s Annie Adkins! Pa found her
body in Bains lake!” she cried.
“Adkins? You mean George
Swafford’s daughter?” I asked.
Mother nodded. ‘Her carcass was
done up in chicken coop wire, and
weighted down with rocks. They

aren’t sure whether she’s been shot é

or beaten to death!”

Trying ‘to banish the feeling of | _

morbid gloom, I went about my
work. Late in the day three strange
men came to the door.

“We're from the sheriff’s office in
Birmingham,” one of them told me.
He introduced himself and his part-
ners as Deputies Holmes, Rickles
and Peveler.

“We want: to have a look around
your place,” Peveler said.

Instantly I thought I knew what
Oey were looking for . . . Connie’s
still!

After the officers had searched
through all the rooms, had glanced
about the’ lawn and had made a
brief foray into the pine woods back
of the house, they began asking me
questions.

“Does your husband know Mal-
colm McDaniel?” Peveler asked me.

“Yes,” I answered, “Malcolm is
my cousin and he has been helping
Connie with... his work.” .-

Without warning, Peveler shot at
me: “Where were you last Saturday
night?”

I considered his query a moment,
then replied: “At my aunt’s house
in North Birmingham.” Peveler
wrote the name of my aunt, Mrs.
Rosa Nicholson, and her address
down in a little black book.

“When did you. come home?” he
continued.

I had to search my mind for a

paws

pewe

C84

* suspicions

moment for the exact time I lef
Aunt Rosa’s. Then I rememberec
the little clock on her dresser. Th:
hands had pointed to exactly 10:15
I told Peveler this and further ex
plained: “I guess it must havé bee
around midnight when I got home.’

“Where _ was Connie?” Pevele:
asked.

.Here—I now realize—is where
made my big mistake. Perhaps ha
I told the officers the real truth, cir
cumstances might have worked to
ward Connie’s innocence, instead o
his guilt! I realize now that the li:
I told only deepened the officers
instead of clarifyin;
them. I realized, with a jolt, tha
I didn’t actually know where Conni:
was Saturday night. He had tok
me that he was in town and I ha
accepted his explanations.

T= in a flash of inspiration,
realized what the officers wer:
driving at. I remembered that da:
six months earlier when Connie ha
been tried and sentenced in tha
auto theft case. And it came to me
like a bolt from Heaven, that Anni:
Adkins had been the young woma)
whose testimony had secured th
verdict against Connie! ;
“Where was Connie?” Peveler re

ated.

I made a hasty decision and an
swered: “From 10:15 on he wa
with me.”

Although he wasn’t ‘with me,
felt in my heart that he knew noth

ing at

all about Annie Adkin:


strange death and I was resolved to
orotect him at any cost. I knew
-hen—as I know now—that it is
nore difficult to prove one’s inno-
sence than to prove one’s guilt.

One of the deputies, seeing that
{( was disturbed, changed the sub-
ject. He asked: “May I see your
vusband’s shoes?”

I searched my mind for the an-
swer as I rummaged around in the
tlosets and brought out all the shoes
Connie possessed except the ones
that were on his feet, a pair of ten-
ais slippers.

The deputies examined each pair
rarefully, then handed them back
co me. “I’m afraid these aren’t of
nuch help,” Peveler remarked.

I was still wondering what im-
sortance shoes had in the case an
1our later, when:my mother, Beryl
franklin, again came into the house.

“What do you think, Ruth?”
Mother began, “the law was at our
1ouse looking for old shoes. Now
why do you suppose those deputies
are looking at shoes? Think it’s got
inything to do with the way Annie
lied?” :

“It's bound to have something to
lo with Annie, Mother,” I replied.
‘Did they take any shoes away from
your house?”

“Yes,” Mother answered. “They
ook an old pair that Malcolm left
there. At least, Jim told me.-they
»elonged to Malcolm. I didn’t look
it them myself.”

At the mention of Malcolm’s
iame I remembered that I hadn’t
seen him since Monday night.

And later in the day, when an-
»ther group of strange, official look-
ng men came to the door, I knew
nstinctively whom they wanted
2ven before they had spoken. They
aad come for my husband!

Connie told the officers he would
z0 with them, willingly and quietly.
And when one of the men_ barked:
‘We want to have a look at your
clothes—the ones you wore Satur-
day night!” Connie told me to get
all of his wearing apparel and turn
it over to the officers.

Shaking with a strange anxiety,
[ did as Connie told me. I had the
feeling that if they took him away
he would never come back.

Before the party left, however,
Connie asked the officers: ‘What
do you want me for, gentlemen?”

“Murder!—Annie Adkins!” said
one of the deputies in a grim tone.

I knew even before Connie spoke
what his answer would be and it
gave me a great sense of satisfac-
tion when he said: “I didn’t do it,”
in a quiet tone.

One of the officers turned to
Connie and said: “But man, we’ve
got you cold. Why, you were the
last person seen with Annie Adkins
Saturday -night!’”’

“Who. says so?” I asked, some-
what belligerently.

The officer’s reply came quickly.
“Mabel McCutcheon says so. And
so does Malcolmn McDaniel.”

“They are lying!” I cried. “Connie
was with me!” I know now I should
not have insisted so on this, but I
felt I was doing the right thing.

“That’s what you say!” the officer
returned. “But we've got several
witnesses besides Mrs. McCutcheon
and McDaniel who say that Connie
was with Mrs. Adkins.”

The officer explained that in ques-
tioning Annie’s parents concerning
her whereabouts on the fateful Sat-
urday, they learned that she was
out on a party with Mabel .Mc-
Cutcheon. Immediately, Mrs. Mc-
Cutcheon was questioned. She said

28

that she and Malcolm, and Mrs.
Adkins and Connie went to the
Municipal Auditorium to the regu-
lar Saturday night barn dance there.

After the dance, according to Mrs.
McCutcheon, the party proceeded to
Greenwood’s Cafe ,in Lewisburg,
near’ Mineral Springs, where they
continued to drink and dance.. Dur-
ing the evening, Mrs. Adkins picked
a quarrel with a fellow by the name
of Frank Parker and hit him over
the head with a beer bottle.

Mrs. McCutcheon said that Con-
nie had not gone into the cafe with
the others, but waited out in the
car. After a while, Malcolm and
Mrs. Adkins came out to the car and
the three drove off. Two curb ser-
vice men and a customer at Green-
wood’s declared they had seen
Connie with Malcolm and Mrs.
Adkins.

Here, the officer said, Malcolm
took up the tale. He told detectives
that he and Connie drove Mrs. Ad-
kins to Bains Lake. There, Malcolm
said, Mrs. Adkins and Connie got
out and walked away into the
woods.

Forty minutes later, Malcolm
said, Connie returned alone. and
said nothing about what had hap-
pened to Mrs. Adkins.

“We know McDaniel had some-
thing to do with it, though,” the of-
ficer continued, “because we found
a rubber shoe heel from a man’s
shoe caught in the wire wrapped
around the woman’s body. And we
have proved that the heel came
from one of McDaniel’s shoes!”

“Then why don’t you accuse
him, instead of Connie?” I asked,
heatedly.

‘“We’re accusing both of them,”
the officer answered. “But we have
to give Malcolm the benefit of the
doubt because he is talking and
Connie isn’t. And besides, Connie’s
got a perfect motive!”

As I meditated on these things,
one of the arresting officers con-
tinued: “And Annie’s brother Bill
has sworn that Connie threatened
to kill her. Bill Swafford swore that
Connie said: “She’ll never live to
testify against me again!”

“But officer,” I objected, “how
could Connie be with Mrs. Adkins
last Saturday night when he was
with me?”

“Tell me your story again,” he
said quietly. “Just where were you
all day Saturday and at what times
were you with your husband?”

I told the officers this story: “On
Saturday morning, Connie took me
to North Birmingham where I
visited my aunt, Mrs. Rosa Nichol-
son. I stayed there all day and
about 10:15 that night, Connie
called for me. We started home and
on the way, we stopped at Green-
wood’s cafe for a pack of cigarettes.

‘ Connie waited for me in the car
while I used the rest room. We

‘came on home. It must have been

around midnight when we got to
bed. What I didn’t tell them was
that I had come home alone, and
before I got to sleep Connie had
crawled in beside me.

About two A.M., someone knocked
on the door. Connie rose, dressed
and went out of the house. Twenty
minutes later, he returned and went
to bed. The-next morning, he told
me that he had transacted some
business with a couple of Negroes
during the night.

“If Connie -killed her,” I con-
cluded, “he did it before 10:15 Sat-

‘urday night, or during the 20 min-

utes he was out of the house during
the night. But I know that he did
not do it!”

The officer patted me on the
shoulder. “I admire your loyalty,
Mrs. Vaughn,” he said. “But some-
body’s lying. Either you or five
other witnesses are lying. We know
that Mrs. Adkins was alive between
one and two o’clock Sunday morn-
ing. There are people who saw her.”

“Then how could Connie have
killed her?” I exclaimed. :

The officer shrugged. I could tell
he knew I was telling a falsehood.
“Somebody’s lying!” he insisted.

At this, Connie interrupted our
conversation. “I did see Mrs. Adkins
Saturday night—about 6:30,” he
said. “But not to fill a date. I went
to the Swafford home to ask Annie
to come to a beer party I was plan-
ning.”

At the mention of the beer party,
I glanced up quickly. Connie had
not told me about this. And I know
that whatever had been his inten-

Our son Granville (Sonny) Vaughn who
was made fatherless at the age of four.

tions about the party, he was no
plaster saint. He had been mixed
up in a number of illegal scrapes. I
knew that he had been out with
Mrs. Adkins several times before.
Perhaps he had been with her that
Saturday night. Even so, that didn’t
prove that he killed her.

Connie continued: “And while I
was at the Swafford’s, I heard Annie
and her sister talking about a date
Annie had had with an elderly man
by the name of Conway. I heard
Annie say: ‘I’m going out tonight
and hit him up for a new dress!’

“Now, I believe,” Connie said,
“that Conway was the fourth mem-
ber of that Saturday night party-
Why don’t you try to find him?”

The officer gazed long into Con-
nie’s eyes. My husband didn’t flinch,
nor turn his eyes away. Finally, the
officer said: “All right, Connie,
we'll try to find Conway. But we'll


have to hold you anyway until this
mess is cleared up. You might not
know it, but there’s quite a bit of
feeling against you in these parts.
It wouldn’t be safe for you to be out
of jail!”

He led Connie to the waiting car.

I couldn’t spend the night alone,
knowing that Connie was in the
county jail, accused of murder! So
I took Sonny (our two-year-old
boy) and went up the hill to
Mother’s place.

In spite of Mother’s forebodings
I felt that Connie would soon be
‘cleared. Of course, Connie did have
a strong motive. But did not Frank
Parker also have a good motive?
And didn’t Willie Adkins, Annie’s
estranged husband, also have a mo-
tive for putting his erring wife out
of the way? And what about the
man Conway, whom, to all appear-
ances, Annie had been bleeding for
money?

Within the week we heard that
the investigating officers had learned
that Connie had bought 25 feet of
chicken coop wire from a hardware
merchant, J. Jones, in Brookside, on
August 4. It was the same kind of
wire as that binding the dead
woman’s decomposed flesh. Officers
learned, too, that Connie had sold
Jerome Moore the wire, and that the
length he sold Moore was eight feet
short of the 25 feet he originally

urchased. And the difference be-

ween 17 and 25 was the very

mount which was found wrapped
around the woman’s body! And the
officers said that the places where
the wire had been clipped apart
matched on the two lengths!

But Malcolm McDaniel had access
to that wire the same as Connie.

Connie was formally indicted,

ee ae

H
!

b %

along with Malcolm McDaniel, and
we hired Jack Payne to defend
him. Mother and I worked furiously.
We remembered that on the Mon-
day before the body was found, on
Wednesday, we were returning
from a revival meeting at the
church and saw two men parked
in a car near the graveled highway
and heard them talking in hushed
whispers.

The men were discussing “getting
rid of something.”” I now feel sure
that these men were arguing about
how to dispose of Mrs. Adkins’ body
which I believe was then lying in
the woods instead of at the bottom
of the lake. After Connie’s arrest
we remembered the two men and
made a futile effort to find them.

Frank Parker and Willie J. Ad-
kins were arrested and questioned
for twenty-four hours. Their alibis
checked and the men were re-
leased.

But there was still that mysteri-
ous stranger, Conway. Jefferson
County authorities had hunted
everywhere for him. And they
finally concluded that’ Conway was
merely a figment of Connie’s brain.

Still, I didn’t believe Connie
guilty. How could he be planning
a beer party in which she was to be
included and still hate her so much
that he wanted to kill her? I knew
Connie’s nature and I knew he
could not have done such a thing
like this!

Malcolm McDaniel was ques-
tioned again and again. Several
glaring discrepancies, in addition to
the evidence of the shoe heel; told
the officers that Malcolm was not
revealing all he knew. In one in-
stance, Malcolm told the officers that
he had gone to the home of his sis-

ter, Mrs. Grace Densmore in Bir-
mingham at 11:30 that fatal evening
and that she had unlocked the door
for him. Mrs. Densmore herself told

officers that she was not at home at

this hour!

Again and again he changed his
story. But he finally testified that
he saw Connie shoot Mrs. Adkins as
she stepped from the car!

This testimony clinched the state’s
case against Connie. An eye witness
plus a good motive gave them all
they needed to work on. I went to
visit Malcolm in jail before the trial
and he told me that he was going to
testify against Connie.

“T hate to do this, Boots,” he told
me, “but it’s either him or me. If
I turn state’s evidence I’ll escape
the chair and they’ll give me a life
sentence.” :

“You know he’s not guilty!” I
flared up.

“For that matter, neither am I,”
Malcolm answered, “but they’ve
pinned this thing on us and I’m get-
ting off as light as I can!”

The trial, which began December
1, 1936, lasted until December 5.
Malcolm received the life sentence
he expected. And Connie was con-
demned to die!

During the next three months I
lived at the bottom of Hell. I
burned with high fever for days.
I screamed in terrible delirium. I
could not eat. I could not sleep.

Connie’s execution was originally
set‘for January 15, 1937. His attor-
neys immediately filed a motion for
a new trial. During the two years
since the trial, my efforts and the ef-
forts of hosts of kind friends and
relatives have been pushed to the
utmost in Connie’s behalf.

During that time, Connie’s motion
for a new (Continued on page 42)


(Above) The lobby of the Pickwick
Club at Birmingham, Alabama, where
the President’s Ball was in progress
until a- gun barked and one of the
happy throng sank to earth—murdered!
Cross designates the spot where the
victim fell. (Right) Mrs. Ethel
Robertson, the enigmatic character
who played into the hands of the
assassins :

T was January 30th, 1935, the night of the President’s
Ball in Birmingham, Alabama. Hundreds of couples
belonging to the city’s younger social set crowded the
gaily decorated ballroom of the Pickwick Club. Out-
side, late comers, teased into eagerness by the lilting

music that sounded through the lobby, crowded around the
ticket office.

The line of ticket buyers moved forward slowly. It grew
in length instead of diminishing as more young couples
alighted from their cars and swept into the room. The

check windows were swamped with top coats and evening
wraps. The couples in the lobby pushed and jostled merrily.
From inside came the soft strains of a waltz, the dancers
swaying to the dreamy rhythm while multi-colored spot-
lights played over them. Beautiful girls dancing with their
escorts laughed merrily as confetti dropped upon them like
opalescent show.

The orchestra swung into a one-step, more in keeping
with the exuberance of the dancers. The ballroom became
a rapidly changing panorama as the couples whirled over

15

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a ary a a
Wesley, white, elec. AL (Jefferson) June 12, 1936

MURDER *

President's T

Wesley Vincent (left), one

of the strangest characters

ever woven by Fate into a
real life crime story

y Chief of Detectives G. C. GILE

Birmingham, Alabama

As told to CHARLES B. RYAN, Jr.

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COPY * COPY

_ KAlby Prison
. November 1, 1944

«

\ "The following is a staterent made by Joe Vernon on November 1,
Ga Ko Ne 1644, concerning: the death and the manner which caused the
sei Milind death of Pennie Montgomery, whom Joe Vernon is charged with
murdering on the 20th duy of September, 1937."

\ Joe Vernon stutes, "that on muny occasion he had visited
the filling stution of EBennia Montgomery and they shot crap
\ together at the filling station, «nd on the above mantioned
ay dute Joe states “that he and Montgomery had some difficulties
it Eat about a bet on the game which resulted in a-quarrel". Joe
oN further states, “that Bennie Montgomery picked up a wronch,
x und at thst time Joe stetes that he went to his jacket, which
ee A was hanging on a pack in which there was eg 32 U.S. Pistol, ee
vd PAEGN in the pocket of his coat." At this thie Joo states "that 4%
aur ve tet Bennie kontgom:ry grabbed him and they were both scuffling tose
XE AE aE cll Gis : together for the possession of the pistol and it was fired S
Sr Ane tie Gly Nata a Sige accidentally the first shob striking Joe in the left leg und
Ser REE as they scuffled further the gun went off again and hit
~ 4 Montgomery in his left side which resulted in his death."

Se uel
=

Jose further states, "that Le. C. Bell, who is
meat a companion, hed nothin: tsocver to do with thi

his alleged
cv IG 8
Was not even uround ut the tine this happened."

hooting and

He \vishes to make it plan that L. C. Bell is not guilty in
any manner in this crime.

I an meising this statement of my own free will and accord
: : with the full Imowledge that I have been concermed to die on
November 3, 1944,

b.
(Signed ) Joe Vernon, Colored ™

Sworn to end subscribed to before me this lst day of
November, 1944, :
(Signed) Tennyson Dennis a
Riles ed RRO eta Notary Public
pe sicher Daas wed? ea ee Montgomery County, Alabama

The above statement was made in the presence of the
following witnesses:

We. H. Swearingen, Director of Hducation and Religious Activities
- Tee st of the Department of Corrections & institution
State of Alabina
Najor Leonard Vanigmond, Salvation Army
een Beers aa eng i capper ie th Lk cick chk R. P. Williams, Warden, of Kilby Prison
ee 3 H. J. Brown, Guard Foreman, Kilby Prison
E. *. Battle, Senior -tenogrupher, Kilby Prison

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California and Alabama authorities j

WHO

THE

by ANDY POST

phianche

MAN WITH

scene were Talladega County Sheriff Jer-
ry Studdard and another investigator.

County and had been for years. Every-
one who knew him or knew of him,

en y We

Over six hours would pass before the knew that he was a wealthy man’’ added Masor
TALLADEGA COUNTY, ALA. ruins cooled enough to allow officers in- Hurst. everyti
FEBRUARY 18, 1983 side. Even before Donahoo’s charred Members of the Donahoo clan sifted .

The ring on Macon Donahoo’s left body was found beneath the steel through the hot gray ash looking, with you a
hand sparkled like an ice-blue glacier skeleton of a refrigerator—minus his police, for a clue as to what had hap- Maso!
caught in the noonday sun. And well it ever-present diamond ring—Pee Wee pened the night before. It wasn’t what friends
should. It had been appraised at tens of Hursthada‘*gut feeling’ the case would they found, but what they failed to find “our ”
thousands.of dollars. Donahoo wore the prove to be a homicide. ‘Truthfully,’ that validated Hurst’s visceral feelings. 350 os
five-karat diamond regally, rarely re- said Hurst, ‘‘we felt that there was a good Missing from the smoldering pile of rub- *
moving it from his finger. The stone was possibility that a criminal act had taken ble were Donahoo’s silver, jewelry and select
awesome and—ultimately—deadly. place there that night. From information gun collection. Most significantly, the work,

At about 5:30 on the morning of June we had been made aware of prior to this diamond solitaire was gone. width
3, 1982, in Talladega County, Alaba- particular day, there were certain indi- The notion that any usable physical
ma’s Chief Deputy Sheriff was viduals in the Talladega County area and evidence could be found was pretty far- Yo
awakened by a phone call. The dispatch- the city (of Talladega) that we figured fetched. Such hopes melted in the white- You '
er told soft-spoken, mustached W.E. just might be tied into something like hot inferno of the pine-stoked cauldron. depo
‘Pee Wee’’ Hurst that a house in rural this.’’ Macon Donahoo’s home pre- The body itself, often a goldmine of in- iS
Alpine was afire. The stately, century- sented a target of opportunity. The two formation for the forensic pathologist, to ke
old mansion belonged to 72-year-old immaculate Cadillacs berthed in the gar- -yielded nothing. free |
Thurman Macon Donahoo, Sr. Hurst age adjacent to the mansion underscored Talladega Police Captain Dennis Sur- cent
hurriedly dressed and sped to the scene. the retired businessman’s position in the rett, the city’s Chief of Detectives, be- Sho
As he drove up, bright orange flames community. came Hurst’s partner in the probe. Sur-
shot into the air, casting an eerie glow to ‘Mr, Donahoo’s name and reputation _rett is a bespectacled lawman with the air 600

the early morning sky. Already on the

were well known throughout Talladega

Thurman Macon Donahoo, Sr.—the ring on his
finger was worth thousands. It also cheap-
ened the value of his life a thousandfold.

Talladega County

of a professor. He described the problem
this way: ‘‘The body organs that were
with the remains of the body were so
burned and dehydrated that they held no
bodily fluids whatsoever. They had just

law enforcement
officers probed a gutted
mansion and found a lot

more rubble than they

had bargained for...


g eM, Sera Ce BLOTS ie ;
Police suspected it was the allure of Macon Donahoo’s 15-karat diamond ring (above)
that prompted the unsavory crime. Donahoo’s wealth was known throughout the county.

14 Py

completely shrunk.’’ Pathologists were
able to run tests on only a small sample
of urine. ‘‘The blood was not crystalized
but just dry, cracked. We had 27 percent
of the body to work with.’’ Despite the
presence of a hole in the skull, no cause
of death could be determined.

For Hurst and Surrett, this would be a
unique case. Tips, intuition and patience
would prove their best tools in the search
for Macon Donahoo’s presumed Killer.
The first tip, received about two weeks
before the fire, was like a storm watch.
Thirty-year-old Billy Wayne Waldrop
and an associate were said to be in Tal-
ladega. The informant told Chief of De-
tectives Surrett, ‘‘We should expect
some real bad problems.’’ Surrett had
reason to believe the source. The
bearded, athletically built Waldrop was

Above is tt

Police foun

4 Execution Alert

hate and bitterness used to be,"
Shelby Heath wrote in the
Project Hope to Abolish the
Death Penalty's newsletter.
“Billy would be a great asset to
society if he is allowed to live.
There are many he can reach
for the Lord, and that is his

heart's desire."

PLEASE CONTACT:
Governor Fob James
State Capitol

600 Dexter Avenue
Montgomery, AL 36104
(205) 242-7100 Phone
(205) 242-4541 Fax
Department of Parole & Probation
P.O. Box 302405
Montgomery, AL 36130-2405
(205) 242-8700 Phone
(205) 242-1809 Fax
Birmingham News

Box 2553

Birmingham, AL 35202
(205) 325-2344 Phone
(205) 325-2410 Fax
Mobile Press

P.O. Box 2488

Mobile, AL 36630

(334) 433-1551 Phone
(334) 434-8435 Fax (A) |
(334) 434-8662 Fax (N)

FOR MORE INFO:
Alabama Prison Project
(334) 264-7416 Phone
(334) 264-4661 Fax

Updates:
RECENT COMMUTATIONS:
Joseph Payne (VA)

RECENT STAYS:

Arthur Jenkins (VA)
Clarence Lackey (TX)
Pedro Medina (FL)

David Nelson (AL)

Javier Medina (TX)

| Joseph O’Dell (VA)

Arthur Jenkins (VA)
Clarence Lackey (TX)

RECENT EXECUTIONS:
Greg Beaver (VA)

John Mills (FL)

Larry Stout (VA)
Richard Zeitvogel (MO)
Lem Tuggle (VA)
Ronald Hoke (VA)

OUR THOUGHTS AND PRAYERS ARE
WITH THE MURDERED VICTIM'S
FAMILIES AND THE FAMILIES OF THOSE
EXECUTED, BOTH UNNECESSARY
VICTIMS OF VIOLENCE,

Facts &
Figures:

--As of January 1, there have been
358 executions in the United States
since the reinstatement of the death
penalty in 1976.

--45 executions were carried out in
1996.

-- Velma Barfield is the only woman
who has been executed since 1976.
North Carolina Governor Jim Hunt
killed Velma four days before election
day in 1984.

--A subscription to the NCADP's
National Execution Alert is $15.00.

-- For updated information on
scheduled executions and recent stays
you can call the NCADP's hotline at
1-202-347-2411, ext. 18.

important
Notices!

1) The date for the next NCADP
National Conference has been moved
to_ June 20-22, 1997°so as not to
conflict with the annual fast and vigil
for abolition at the US Supreme

*Originally Printed in the December Issue.


FOR MORE INFO:
AR-CADP
501-374-2660

Billy Waldrop*
January 10 -- Alabama

Convicted of killing and
robbing a man while on parole
for homicide in 1983, Billy
Waldrop received a death
sentence from the jury.

While his violent past
left few unconvinced that he
was capable of such a crime,
many have come to question
his guilt. The physical
evidence linking Billy to the
crime was minimal and the
jury's decision was largely
based upon a confession
elicited after he was held for
two months without being
charged.

While Billy is repentant
for the crimes he has
committed in the past, he
maintains that he is innocent of
the one for which he was
condemned. Several times, he
has gone on hunger strikes to
bring attention to his claim of
innocence -- on at least one
occasion he came so close to
dying that the guards had to
force him to take food. "As
Christ is my witness, I have
done a lot of bad things and
hurt a lot of people," says
Billy, “but I did not do this
murder."

What is clear, however,
is that Billy's trial lawyer --

>cember Issue.

January 1997

who an appellate judge
described as being "far from
the most thorough" -- offered
no substantial reason for the
jury to spare his client's life.

The body of
mitigating evidence the court-
appointed attorney failed to
present was both substantial
and easily obtained. Billy was
raised in abject poverty, often
living in a car or barn when his
alcoholic father literally drank
the family out of house and
home. His father subjected
him to violent physical and
sexual abuse, often forcing him
to flee the house and sleep in
the forest with his mother.
Once Billy's dad, seeking to
teach the young boy not to
misbehave, killed Billy's puppy
before his eyes.

Billy first attempted
suicide at the age of five, and
has done so several times
since. In 1981, he sustained
neurological damage after
being shot in the head during
an altercation. He slipped into
severe depression, and began
abusing drugs.

Converted to Christ-
ianity by another inmate (since
executed), prison ministers say
that Billy has transformed
himself in the past 13 years
since his arrest, and would be a
benefit to the state of Alabama
should his life be spared.

"He [has] a soft,
peaceful, gentle look where


WATERS, Gabriel, black, electrocuted SP (Sumter Co.), June 12, 1936.

“Gabriel Waters, convicted of one of the most dastardly crimes ever committed in Sumter
County, was led in a fright to the electric chair at Kilby Prison, shortly after midnight June 11.
The negro chaplain of the prison led the procession followed closely by the convicted slayer who
was supported by Warden F. A. Boswell, Jr., and two guards.

“By the time Gabriel entered the death cell, he had turned an ashy white and exclaimed:
‘Oh, Lordy! So dis is de place.” He was answered by the warden that his guess was correct.
Gabriel was then helped into the electric chair, and upon being seated said: ‘Dis thing is already
hot, ain’t it?” The negro was correct in his statement dur to the prior electrocutions. Immediately
the murderer uttered two questions: ‘It won’t be long, and I won’t know anything about it, will
I?’

“The negro was securely strapped to the chair and the Warden asked him if he had any
statement to make. He replied: ‘I just want to say, the Lord has forgiven me of any crime I
committed and I don’t hold anything in my heart against on dis earth and I hope no person hold
anything in their heart against me, but I still don’t see why I should pay with my life for the crime
I committed.’ The black mask was placed over Waters’ face and his last words were: ‘Oh, Lordy,
have mercy on my soul.’

“As the chaplain repeated verses from the 14th chapter of St. John, the twenty-three
hundred volts of electricity charged through Waters’ body, lifting him fearfully against the straps.
After a brief interval another charge was sent through his body and the room was filled with the
odor of burning flesh. Gabriel Waters had paid with his life for his crime.”-Sumter County
Journal, Livingston, AL, 6/18/1936.

Waters was executed for the murder of “Lock” Sheffield, a Cuba blacksmith.-News,
Birmingham, AL, 6/12/1936.


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