Kentucky, multiple executions, 1941-1975, Undated

“The dirty devils!" Mann exploded.
“They’ve killed) her!” Enraged, the
mtrolnan pointed toon erinwmen hole
n the buck of the girl's head, a bluish-
black puncture under her left shoul-
der-blade, “She didn't have a chance,”

It dawned upon him slowly” that
Marion Miley, 27-year-old beauty and
one of America’s foremost women
golfers, was dead—the victim of a
ghastly crime.

Lacy snapped out of his stupefaction
as Mann barked: “Hurry to the sani-
tarium and get a flashlight. Doyle’s
probably put out an alarm already. If
he hasn’t, tell him we need every offi-
pe in Lexington and Fayette County
ere,

MANN groped his way toward the
door of the front bedroom. Inside,
he sucked in his breath.

The light of his match showed him
the twin beds pushed against the wall.
One was tidy and undisturbed, the
other rumpled and blood-soaked. On
the floor between the beds lay a cradle
telephone, its cord ripped from the
magneto box near the baseboard.
Across the room was a bureau, ap-
parently untouched: except for the
overturned electric clock on top. The
clock cord likewise had been ripped
from its socket. In one corner of the
room was a closet with a door open,
in the opposite corner a closet with
the door closed.

A few minutes after Lacy had left,
Mann made his way back to the ser-
vice entrance and followed the spiral-
ing steps into the basement. There. he
learned to his astonishment that the
killers had pulled the switches on all
five fuse boxes screwed to the wall at
the bottom of the steps. One by one
he pushed in the switches. Back up-
stairs, he pushed the light buttons in

ff

the ballroom and the place flooded
with a mellow yellow luminosity.
Munn wan hencting for the front

ofllce when he heard the crunching *

tires of half a dozen heavy cars in the
driveway at the south side of the
building. He hurried forward and
pulled open the door. A score of police
officers representing the city of Lex-
ington and Fayette County thundered
+ the porch into the first floor
hall,

Among them were Mann’s boss,
Chief John Will McCord of the Fayette
County Patrol; Lexington. Chief of
Police Austin B. Price; Lexington De-*
tectives Joseph Harrigan, Joseph
Hoskins, John L, Sellers and Rollie
Leach; Guy W. Maupin, superintendent
of the Identification Bureau of the
Lexington Police Department; Coroner
J. Hervy Kerr; a number of uniformed
patrolmen, and Sheriff Ernest Thomp-
son,

Maupin and Coroner Kerr raced up
the stairs as the others halted near the
door to talk to Mann.

“Everything’s just like it was when
I got here,” Mann said to McCord.
“Where’s Doyle?”

“At the hospital with Mrs. Miley,”
McCord said. “We're afraid she. might
die at any time. If she says anything
more, Doyle will catch it. You said
‘everything’s like you found it. How
about these lights? I understand the
killers had cut the switches.”

“That’s right,” Mann Hastened to
explain. “I just went to the basement
and cut the switches back on.”

The officers went upstairs then just
in time to hear Coroner Kerr make a
perfunctory judgment. “She was shot
once in the’ back of the head,” Kerr
said, “and once under the left shoulder.
Powder burns on the shoulder, see?
The killer fired not more than eighteen

inches from, the body. The slant of the
bullet in the head may mean that the
second shot came as Miss Miley fell
forward on her face. The bullet came
out her right eye. Here it is.”

Maupin was dusting half a dozen
bloody finger-prints on the wall about
five feet above the body.

Maupin turned around and stretched
out his hand, “Could I have that bullet,
Doc?”

As Kerr handed Maupin the small
lead slug, the identification officer
reached in his pocket and extracted
two discharged copper cartridges. He
fitted the flat end of the slug into the
open end of one of the cartridges and
explained:

“T found these on the floor when I
first got up here. They’re thirty-twos
and it looks like the slug fits perfectly.
I’ve got an idea you’ll find more in
Mrs. Miley’s room. These men were
using a _ thirty-two automatic that
threw the cartridges and they didn’t
take the time to pick up the ejected
shells. It may be the key to this thing,
so look carefully.”

Hartigan flipped on the wall light
as he and Hoskins entered Mrs, Miley’s
bedroom. As they did so, Hoskins
sprang toward the bloody, rumpled bed.

“Two thirty-twos and one thirty-
eight,” he exclaimed, picking up three
lead slugs that lay nakedly exposed on
the bloody sheet. “Some of these evi-
dently went through Mrs. Miley’s
body.”

“More than likely,” Harrigan said.
He stooped over and picked up three
empty shells near the door. “Thirty-
twos. These fellows were certainly
careless or in a hurry. If we can just
find the gun—”

Both men turned around as Price
and McCord stepped into the room.

McCord walked toward them with his
palm ‘extended. In his palm lay two
middle-sized buttons which could best
be described as brownish gray.

“They were on the floor near the
door of Marion’s apartment,” McCord
said. “It looks like Marion might have
struggled with one of the men and
pulled these off.” a

“There’s nothing harder to dispose of
than a coat minus two buttons,” Har-
rigan commented. “These guys must’ve
been amateurs. You think maybe it’s a
couple of small-time punks?”

PRICE'S cold, gray eyes swept the
room, fastening for a long time on
the telephone and its wrenched cord.
“I’m not agreeing,” Price said slowly,
“that they’re a couple of small-time
punks, but I’m beginning to believe
they’re amateurs. I believe—” Price

paused and weighed his words—“I |

believe this could have been committed
by someone who attended the dance
last night. There are plenty of places
where they could have hid until Mrs.
Miley went to bed and then made the
break into her apartment after throw-
ing the switch in the basement.”

Harrigan and Hoskins looked at their
Chief in disbelief.

Harrigan found his tongue first.
“That means—”

“Yes,” Price said grimly. “That
means everyone at the dance last night
is going to have to account for himself
between the time the dance ended and

the time this shooting took place. We’d °
be better off if we knew the exact time -

Mrs. Miley was shot.”

McCord spoke up. “That shouldn’t
be hard to judge.” He pointed to the
electric clock atop the bureau.

The clock’s connecting cord had been
jerked from the socket in a way that

aD—8


you to find out for me precisely the
number of people .who attended the
dance last night and who they were.”
Tunis fell back aghast. “But,
Chief—” He ran his: hand through his
thinning hair. ‘You don’t believe this
was done by any of our members?”
“T’d like to be sure it wasn’t,” Price
said grimly. “By the way, Mr. Tunis,
you'll be able to supply me with a list
of the clubhouse help, won’t you?”
Tunis pulled at his chin. “John Har-

ris should have such a list. I wouldn’t.

know myself.”

“Who’s Harris?” .

“Why, he was Mrs. Miley’s handy-
man. A sort of jack of all trades. He
and Percy Thomas, the head waiter,
were the only regular male employes
whose names I know.”

“Where can we get hold of Harris or
Thomas?”

Tunis started back toward the north
end of the clubhouse. “Come on with
me,” he said to Price. “Harris lives in
the caddy-house.”

When Tunis and Price knocked at
the caddy-house door, no one an-
swered.

“What might that mean?” the Chief
asked Tunis bluntly.

Tunis sensed the implication. He,
too, was uneasy. “I don’t know,” he
replied. “I understand John has a small
home in Lexington. Sometimes he goes
there on the week-end instead of using
his caddy-house room.”

“Hmm. He picked an unfortunate
time to go home.”

Maupin, carrying his finger-print
and photographic equipment, was just
leaving by the east door. “I’ve picked
up a total of fifteen finger-prints, in-
cluding the bloody ones on the corridor
hall upstairs,” he told Price.

Maupin dropped one of his grips and
reached into his pocket. He pulled out a
wadded-up Turkish towel, heavily
bloodstained. In the center of the towel
was an oblong iron object which Price
recognized as a weight from an old-
fashioned type of scales.

“One of the boys found that behind
Mrs. Miley’s door,” Maupin said. “It’s
no doubt what they used in breaking
the door panel and later in slugging
Mrs. Miley. Percy Thomas said it had
been used in the kitchen by one of
the cooks to hold lids on cooking pans.”

‘Percy Thomas!” Price exploded.
“Where’s he now?”

“In the office there. He just arrived
a minute ago. Fentriss, one of the
county boys, happened to know where
Thomas lived in Lexington and went
after him. Fentriss has gone back now
to bring in John Harris. He lives on
Second Street somewhere.”

Price and Tunis rushed
office.

They found Percy Thomas, a dark-
skinned and very frightened man, sit-
ting in a swivel chair in front of the
cashier’s desk doing his best to an-
swer the volley of questions being fired
at him by.Harrigan and Hoskins.

Harrigan called Price off to the side
and whispered, “He says he left here
about fifteen after one, shortly after
the. dance ended. When he left only
three other persons were in the club-
house. John Harris and Elmer Davis
were in the kitchen and Mrs. Miley
was in the lounge.”

“Who’s this Elmer Davis?”

““He’s the assistant cook.”

“What’s: Thomas got to say about
himself?”

“He’s married and he’s got a home
in Lexington. Says he went straight
home from the clubhouse and went to
bed. His wife corroborates him on
that.”

into the

pac looked extremely sober. He
started to say something and stopped
as Tunis stepped up with a small,
open-faced pad in his hands.

“This,” Tunis said, “is the club’s
register of guests at the dance last
night.”

“T assume,” Price said, “that the
regular membership list is available.”

Tunis hesitated. On the list Price
spoke of were the names of some of
the bluest bloods in Kentucky, aristo-
cratic colonels and their ladies, who
owned vast tobacco plantations and
were breeders of fine horses. ‘Why,
yes,” Tunis finally said. “I’ll get it for
you now.”

McCord hurried out of the office and
accosted Price. ‘Thomas has given me
a complete list of names of all the Club
help,” he said. “Fentriss and I will get
to work on that right away. We’ll bring
them into your office as fast as we can

locate them.”

“Good,” Chief Price said. “I want
especially to talk to John Harris.”

The Chief returned to his office: to
set up a clearing house for the investi-

gation. He sent officers out to canvass
dry-cleaning and tailoring shops, look-
ing for a coat minus two _ buttons.
Others visited pawnshops looking for
someone who had bought a .32. By
eight o’clock, the city of Lexington
was fully alive to the clubhouse trag-
edy. Excitement was at fever pitch.
Thousands of residents swarmed about
the clubhouse, seeking a morbid view
of the apartment.

One of the most pathetic figures in
Lexington was Fred Miley, father of
the slain golf star and husband of the
grievously wounded club manager.
Summoned from the Cincinnati, Ohio,
club where he had been employed as
golf professional, Miley sat in Chief
Price’s office like one in a trance. He
left only upon a physician’s advice that
he take a room at a hotel and rest.

John -Harris, the club handyman,
reached Price’s office shortly after nine
o’clock. He told a story agreeing with
that of Thomas.

Price dismissed Harris with a warn-
ing to keep himself available for fur-
ther questioning. Harris left his finger-
prints with Maupin as did all other
clubhouse servants.

Throughout the morning and: after-
noon, dozens of officers in cruiser cars
rode into various parts of the county
bringing in persons whose names were
on the guest register. Without an ex-
ception, the guests, numbering pre-
cisely 31, submitted to finger-printing.
Maupin worked like a madman com-
paring their prints to those taken from
the clubhouse.

By nightfall Sunday he had elimi-
nated all 31 guests by this process. -

The strongest development in the
case occurred Sunday afternoon when
Hugh Cramer, a carrier of the Lexing-
ton Herald-Leader, appeared at Chief
Price’s office with what he believed to
be a clew bearing on the killing.

“I rode into the clubhouse parking
lot about two-thirty this morning to
deliver Mrs. Miley’s paper,” Cramer
said. “I noticed that her car and Miss
Miley’s were in their usual place near
the southeast corner. In front of the
south entrance to the clubhouse I saw
a blue Buick. I think it was a 1941
model.” ’

News of the blue Buick’s presence
at the Club was broadcast immediately
over the Lexington police radio and
the city’s commercial radio stations.

Simultaneously it was picked up by
other commercial stations throughout
the Mid-West and relayed from Coast
to Coast.

The two buttons found in Mrs.
Miley’s bedroom were carried to every
dry-cleaning establishment and tailor-
ing shop in Fayette County for pos-
sible identification or comparison with
any coat that might have been turned
in for repairs. This check-up led to a
blank wall.

The tour of pawnshops showed. no
sales or receipts of guns for several
months. ..

As any experienced identification
man will do under similar conditions,
Maupin dragged out his thumb-worn
list of “known criminals” in the Lex-
ington area and checked them off one
by one.

OXE by one he went down the list,

sending officers out after each man,
learning where each one was, getting
alibis.

And he learned nothing until he
came to the name of Thomas Penney.

A uniformed cop came back and
said, “Penney’s not around. Can’t find
him anywhere.”

Chief Price was there. His face
tightened; he leaned forward. Tom
Penney had been a police character in
Lexington since he was a small boy.
He had a record of two convictions;
one in:1926 for auto theft with a short
sentence in the State Reformatory, and
one in 1931 for a grocery-store hold-
up in Lexington for which he had been
sentenced to 20 years in the State Pen-
itentiary at LaGrange.

He had been paroled in 1937.

“Find out some more about him,”
Price snapped. ‘‘Penney’s a man we’ve
got to question.”

The officers went out and soon one
came back with a young man in his
late twenties, his face downcast.

“This fellow’s Thomas Lunsford,”
the officers said. “He came up with this
story voluntarily.”

“Tell us about it,” said Price.

“Well,” Lunsford said, “about two
weeks ago I was sitting in a tavern
having a beer and minding my own
business when in walks Tom Penney.
Tom wanted to know if I was open for
some easy money. I said, ‘Sure, how’ll
we get it?’ Tom said, ‘I’ve had a notion
for a -long time to push over the

January Issue of ACTUAL DETECTIVE STORIES on Sale Friday, December 12


Three times winner of the Wo-
men’s Western Golf Derby, Marion
Miley had thousands of friends
but no apparent enemies anywhere

frevety tied severed ah from tbs plug.
The hands showed 2:19. .

“T imagine,” MeCord said, “that just
about felly tas when Chis happened.”

Leuch and Sellers came into the
room,

“TL understand,” Price said, “that the
dance usually ends at one o’clock. The
shooting took place an hour and fifteen
minutes after the dance. If Mrs, Miley
was shot at 2:19, what kept her from
getting: to the sanitarium for so long?”

Leach said, “Ll think maybe I can
give you the answer. John and I’ve
been going over the downstairs. We
found blood spots all over the place—
a trail of blood to every door in the
house except the service entrance. I’ve
got an idea Mrs. Miley was so badly
wounded and so hysterical that she lay
in her bed for an hour or so after she
was shot. When she managed to get
downstairs she couldn’t find a door
open. All of them, except the door
leading from the grill to the outside,
have locks that cannot be opened ex-
cept with a key. Mrs. Miley stumbled
from one door to the other. Here and
there she may have dropped down
semiconscious. Finally she thought of
the grill door. We could tell by the
path of blood to the door and on the
outside that this was the door she used
to leave the clubhouse.”

“How about the doors and win-
dows?” Price asked. “Any of them
been tampered with?”

“No,” Leach said,

“That leaves the service entrance
open to doubt, Didn’t Mann come
through there when he flest reached
the Club?”

“Yes,” Sellers declared. “Virgil said
the door was ajar when he and Lacy
found it.”

“That means,” Price said, “the kill-
ers went out that door.”

ANA probably came in that way,”
Leach volunteered,

“Unless they were already in here
when the dance ended,” Price said
doggedly. “We’ve got to find out who
was here last night and what time
they left.”

“I’d suggest,” McCord said, “that we
call Curry Tunis. He’s president of the
Club and he’d know the arrangements
better than anyone else.”

Outside a heavy car ground to a
stop in the graveled parking area. Be-
fore Price could reach the door it burst
open and Curry Tunis, short, slender
and gray-haired, confronted the Chief.

“My heavens, Chief!” Tunis said.
“What’s happened? Someone just
called me at home a few minutes ago
and said Marion had been killed. and
Mrs. Miley wounded.”

“That’s right,” Price said. “It’s un-
believable, Mr. Tunis, but both women
were shot during a supposed holdup.
I was getting ready to call you. I want

(Continued on Page 46)

pemcuneco= Gini

Country Club, 1 know where TP can
borrow a gun. What do you think of
it?’ To laughed oanod osnid, ‘Nuts, T
wouldn't think oof it! ome walled
off. 1 never thought any more about it
until this killing yesterday, T just
couldi't keep still any longer.

When Lunsford left, Maupin went
directly to his criminal file and pulled
out Penney's card for flnger-print
comparisons. When he reported back
two hours later to Price, he said glum-
ly, “Penney's finger-prints are nol
among the ones I brought in.”

“ve assigned Leach and Sellers to
bring in Penney,” Price said. “Once we
get a line on him, we ought to smoke
him out fast.”

Price was wrong in his guess, how-
ever. Leach and Sellers, after several
hours of prowling among Lexington’s
underworld, reported that no one had
seen Penney for ten days to two weeks.

“We did find one of his friends,
though,” Leach said, “who told us he
thought Penney might be in Newport.
Penney’s:supposed to have a girl down
there.”

“That settles it,” Price said. “You’re
going to Newport. Get going now.
You’d better take McCord. He knows
Penney well.”

Late Monday night, Leach, Sellers
and McCord left for Newport.

For that reason they missed the sud~-
den new break that marked the inves-
tigation Tuesday morning. It came in
the form of a telegram from police of
Tampa, Florida, which read as follows:

FORREST LEE TURNER AND SLIM
SCARBOROUGH, ESCAPED GEORGIA CON~
VICTS, MAY BE IN LEXINGTON AREA.
SUGGEST THEY BE TRACED FOR POSSI-
BLE CONNECTIONS MILEY CASE,

Forrest Turner!

Forrest Turner, the Georgia criminal,
the escape artist with a record as long
as his arm.

And more—Forrest Turner, who
originally came from Lexington, who
knew the Lexington Country Club by
heart.

Everybody in the Lexington depart-
ment knew Turner as a_ cunning,
heartless desperado. He was a native
of Lexington, a good golfer when he
was young. He had organized a hold-
up gang in Georgia and became one of
that State’s most notorious outlaws.
He had been captured and convicted
and had escaped several times. In
August, 1941, he had made his last
escape, and he still was at large.

And now Florida authorities thought
he was in Lexington!

While the city and county were be-
ing combed for Turner and Scarbor-
ough Wednesday morning, Chief Sher-
iff’s Deputy R. L. Overby at Shelby-
ville, Kentucky, called Price by tele-
phone and asked that the Chief send
someone in a hurry to look over three
men being held in the Shelbyville jail
on a charge of attempting to rob a
roadhouse outside the city late Tuesday
night.

“They’re driving a blue Buick,”
Overby said, “and none of them will
even discuss the Miley — shooting.
They’re giving me the freeze and I’d
like for you to send over someone who
can make them talk.”

FOR this task, Price chose Harrigan
and Hoskins, sending them to Shel-
byville at once.

Before confronting the prisoners, the
detectives examined the blue car im-
pounded in the jail yard.

It was dirty and dusty and looked as
though it had been pushed through
some tough spots. Harrigan was dis-
appointed at finding no traces of blood
in the upholstery.

A few minutes later, Overby ushered
the detectives into a cell at the rear of
the jail. Pointing out each man, Overby
called them by the names they had
given him. .

Singling out one, who appeared to
be the least ill-at-ease member. of the
trio, Harrigan said point-blank and
with designing deceit, “You three fel-
lows were seen in Lexington late Sat-
urday night. We’ve got the goods on
you and you might as well come clean.
You killed Marion Miley.”

AD—8a

The many face (urned suddenty tate
and he snarled at Harrigan: “Go on
back to Lexington, Qatfoot, and take
another courie la deteetive work. We
was in Chicago Friday night, Saturday
night and Sunday night until ten

o'eloek Monday morning, We can prove
it.”
He explained to Harrigan that

he and the other two had been working
at a South Side packing-house in Chi-
cago until the preceding Saturday
night. They had spent: Saturday and
Sunday night at a hotel on West
Madison Strect, leaving the city Mon-
day morning.

“A dozen guys at the hotel will tell
you we left Monday,” the man con-
cluded. “Go ahead ‘and check. We'll
wait.”

When Harrigan and Hoskins re-
turned to Lexington, they went directly
to Chief Price’s office. He was absent
and Assistant Chief Dudley McCloy
was sitting at his desk. McCloy’s face
was a stony gray.

“Mrs. Miley died just a few minutes
ago,” McCloy said. “She died exactly
eight hours after Marion’s funeral—
without saying another word. Fred
was with her when she died. He in-
sists that the reason Marion and Elsie
were shot was because they must have
recognized the bandits.”

“Those Chicago fellows,” Harrigan
mused, “have me wondering. Didn’t
Marion Miley win the Women’s West-
ern Golf Derby for the third straight
year a short time ago at the Onwentsia
course near Chicago?” %

“What’s that got to do with it?”
Hoskins wanted to know.

“T don’t know. Maybe she made some
enemies up there. I can’t help but feel
that we have more than a robbery as
a motive for this crime.”

nye mean someone didn’t want her
to win that year?”

“Well, it’s just an idea, but there are
some big gambling syndicates up there
in Chicago. And a lot of money is bet
on the outcome of those championship
tourneys.” :

“Oh, come now,” interrupted Mc-
Cloy. “That sounds a little far-
fetched.”

“Nothing is far-fetched in this case.
Why wouldn’t that be a motive?” Har-
rigan persisted.

“Say, we've forgotten another angle.”
Hoskins leaned forward eagerly. “Did
Marion have a sweetheart? Suppose
she had given the gate to some guy and
he wanted to get even. This killing is
brutal enough to have been done by
an insanely jealous man.”

“Let’s take one angle at a time,” said
Harrigan. “I’m going to find out as
much as I can about those champion-
ships first.”

Marion Miley, he learned, had been
a contender in national women’s golf

tournaments for nine years. She held’

titles in the Western Open, the trans-
Mississippi, the Southern and_ the
Western amateur. She never had been
quite able to capture the national wo-
men’s amateur, although she had been
runner-up once and semi-finalist sev-
eral times.

Mrs. Miley’s death served to fan the
bitterness among Lexington’s residents
over the Country Club horror. Thurs-
day morning the governors of the Club
posted a $1,000 reward for informa-
tion leading to the capture of the
killers. At Frankfort, Governor Keen
Johnson supplemented the reward with
a personal offer of $100. A public sub-
scription was started. The clamor for
action grew ominously in Chief Price’s
ears.

Shortly before noon Thursday the
Chief received an encouraging report
from Detective Leach at Newport.

“We've got a red-hot lead on Pen-
ney,” Leach told Price over the phone.
“He’s been cruising around the bot-
toms here since Monday in a 1941
grayish-green Buick — license plates
1P04—that belongs to a guy in Louis-
ville named Robert Anderson.”

“You fellows stick around Newport
a while longer,” Price suggested. “Dll
send Harrigan and Hoskins to Louis-
ville to check on the car owner.”

When Price hung up he immediately

called Louinville and requested Chief
Kk. P. Callahan’s help.

Callahan promised quick action.

An howe date Loubiwille Chief of
Detectives Major James E, Malone
called Price and announced that he had
Junteheeked with the owner, Anderson,

“This man,” he said, “claims his car
was stolen sometime early yesterday
morning, Hf that's true, Penney couldn't
have had the car in Newport on Mon-
day and Tuesday, as you say.”

pkice was a little glum when he
hung up.

A few hours after Mrs, Miley's burial
Forrest Turner and Slim Scarborough
swooped down on a Georgia prison
camp, kidnaped two guards and lib-
erated a prisoner. The guards later
were released.

And on Saturday Forrest Turner’s
newest and wildest escapade came to a
hurricane finish. Traveling down a dirt
road at high speed, the former Lexing-
ton playboy ran squarely into a grim
posse of armed officers a few miles
south of. Moultrie, Georgia. {

Tne hunted convicts and a woman
stepped from the car with their hands
above their heads.

Taken to the Moultrie jail for safe-
keeping while awaiting transfer to
Tattnall Prison, Turner and Scar-
borough were questioned for hours
about their whereabouts on the week-
end of September 27, 28 and 29. Both
claimed they were in northern Florida.

Georgia authorities nonetheless made
up a special packet containing Tur-
ner’s and Scarborough’s guns and
copies of their finger-prints and air-
mailed it to Lexington. They arrived
in the Kentucky city Sunday.

Maupin set to work at once on both
the guns and the finger-prints.

The results were disappointing.. The
fatal clubhouse bullets had not been
fired from either gun and the finger-

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up and then I was grabbed around the
neck and nearly strangled. I hit at the
person with my gun and it went off. Then
I heard Anderson shooting. It was all in
the dark and that girl was a hard fighter.
Why, she bit Anderson on the leg so bad
he had to go to a doctor the next day.”

Penney then described the actual .rob-
bery and their subsequent flight. ‘We
were disappointed in the ‘money we
found,” he admitted. “We expected from
three to ten grand.”

“What did you do with the guns?” Price
asked.

“Anderson threw them out the window
—into the Ohio River.”

“Where?”

“I don’t know,” Penney retorted.

The scar-faced ex-convict added that
at Anderson’s behest he had taken the car
and driven to Florida. “Bobby said it was
hot and for me to get rid of it,” he stated.
“J was on my way to California when the

’ eops nabbed me.”

- The killer declared that he sent a telé-
gram to Anderson from Jackson, Missis-
sippi, reading: “Had misfortune with fire.
Need fifteen dollars.” The message was
signed, “Huffman.”

“Bobby sent the money that night,” he
related. f

Penney exonerated his two Fort Worth
companions; and after both were ques-
tioned and their statements verified they
were released, officers being satisfied they
were in no way involved.

@ WITHIN A few hours of Penney’s con-

fession Bobby Anderson, prosperous .

and jaunty proprietor of the Cat and Fid-

dle Club, was picked up by Louisville and °

Lexington detectives.

“lm innocent,” he said. .“I want an
attorney. Why should a rat like Penney
get me in a jam like this? I was always
good to him, and we never saw each other
after we got out of stir—until he came
into my place a month ago and bummed
five dollars.” ‘

‘Anderson’s pretense of being lily-white

was belied by a checkup of Western Union
and Postal Telegraph records. They re-
vealed that Penney’s statement—about the
wire asking for funds—was true. A physi-
cal examination of the stocky night-club
owner revealed a severe wound on one
of his thighs. When asked where he had
received the latter, he snapped, “I threw
a prostitute out of my club one night and
she bit me.”
.In the days that followed, however, the
web of guilt slowly but’ inexorably
tightened around the necks of Bobby
Anderson and “Skeeter” Baxter, for the
latter was taken into custody soon after
the Louisville club operator was arrested.
Penney, of course, by his own admission
was guilty of the heinous crime and sub-
ject to the death penalty.

Baxter denied any knowledge of the
crime, but in the light of stories told by
the youths ‘who saw him talking with the
two persons in the Buick, near the club,
shortly before the crime was known to
have been committed, officers were con-
vinced that he was lying.

Late Friday, October 17th, Penney ad-
mitted that his first story regarding the
disposal of the holdup weapons was a
falsehood and he directed officers to the
Fontaine Ferry Amusement Park in

“Louisville. There detectives dug up a
32 caliber Paramount automatic and a
38 caliber black Colt automatic. Ballistics
tests by Lexington identification officers
and T. F. Baughman, firearms expert for
the FBI, proved beyond doubt the guns
had been used in the double slaying at
the country club.

-In a statement to reporters, Anderson
said, “It’s ridiculous to suppose I'd let

82

myself in for a rap like this. Why, I didn’t
need: the money. I’ve been earning be-
tween $5,000 and $6,000 a year; I have a
nice wife and home and a good car. And
business was good until this happened.
Besides, if I'd needed money I could have
gone to my brother, Andrew. He operates
a big plumbing house in Louisville and
he’d have helped me.”

For this, officers had a ready answer.
True, Anderson did have a good business,
but he was a former convict who had
once served time for bootlegging and
again for breaking and entering, and the
lure of “big money” was a siren call he
had evidently been unable to resist. De-
spite the fact that his fingerprints failed
to. match any of the smudged prints found
at the scene of the crime, other circum-
stances pointed strongly to his guilt. De-
tectives Rollie Leach and Frank Gravitt
found, after painstaking checkup of Louis-

Chief McCord of the Fayette. County
Patrol. points to the window where the
bandits gained entry

ville pawn shops, that the .38 caliber auto-
matic used in the Miley slayings belonged
to him. Charles W. Flintner, an employee
of a Louisville sporting goods store, told
the officers he sold the weapon to Alex
Morris, on May 28th, 1936. And Morris,
a Negro musician and part-time clerk in
a pawnbroker’s shop known as “See Harry
First,” told the officers he sold the auto-
on to Anderson for $22.50 on July 19th,
1%

‘Anderson’s explanation of the tooth bite
on his thigh was branded a lie when the
above-named officers learned from Dr.
Star Casper, of Louisville, that the erst-
while night club operator had appeared
at his office for treatment at eight o’clock
on the night of September 29th, the day
after the shootings. And his records
proved it.

“Skeeter” Baxter, the watery-eyed
former greens-keeper, aroused the con-
tempt of everyone, not only because of
his craven demeanor but because of the
despicable réle he played in the plot. He

shook visibly when officers wrung an
admission from him that he had “cased”
the country club job weeks in advance.
The fact that he was in bed at his par-
ents’ home when the actual murders
took place in no way lessened the degree
of his guilt. In this connection Com-
monwealth Attorney James Park later

- charged, “ ‘Skeeter’ Baxter’s crime is

greater, if that is possible, for he be-
trayed the faith and generosity of Mrs.
Miley, whom he openly admits was his
best friend next to his own mother.”

As True Derective’s representative |
attended the trials in Lexington, in early
December, and watched the final act in
a drama begun three months earlier.
First to go on trial was Bobby Anderson,
the smartly tailored, gum-chewing Louis-
ville night club operator, whom the
Commonwealth charged with being the
“brains” of the trio. Throughout the trial
he appeared cocksure and confident of a
speedy acquittal. He did not take the
stand in his own defense, but his attorneys,
through club employees,: sought to prove
that he was on duty at his place of busi-
ness when the crime occurred. Several
of the help became confused, however,
when Park questioned them regarding

- their own activities on nights other than

the one of the murder.

Hi ANDERSON GLARED openly at his

former pal, Tom Penney, when the lat-
ter took the jury, in detail, over the events
before, during and after the crime, with
Anderson cast in the réle of a leading
villain. ‘

Early Friday evening, December 12th,
he pulled heavily on a cigarette, but dis-
played no other signs of emotion after
hearing a jury fix his punishment at death
in the electric chair.

Baxter, the red-eyed and traitorous
greens-keeper, was next to face trial. Un-
like Anderson, he took the stand in his
own defense, and in faltering, frightened
tones testified that he did not know his
fellow plotters intended to commit mur-
der. Tom Penney’s testimony, however,
smashed his desperate efforts to escape the
consequences of his despicable réle in
the vicious crime. The scar-faced, self-
confessed murderer looked his former
partner in crime squarely in the face and
said, “Baxter met us at the Joyful Inn and
he told us, ‘They just had a party out
there. It’s a good night to make the Club,’

- And again, ‘Baxter told me that there was

from $3,000 to $10,000 out there, and that
there was only an old lady to guard it.’
He said, ‘She’s supposed to blow a whistle
if anybody comes around.and I’m the one
who’s supposed to hear it.’”

On December 16th, after two hours and
nine minutes of deliberation, a jury found
Baxter guilty of murder and, like Ander-
son, fixed his punishment at death.

The defendant’s knees sagged and but
for Jailer Dudley Veal’s strong arm he
would have collapsed.

Any lingering hope for mercy Tom
Penney may have entertained was abruptly
dispelled three days later, after a whirl-
wind trial, when he, too, was found
guilty and condemned to death. He took
the verdict calmly, and when asked if
he thought he deserved it, said, “I have
never believed in capital punishment.”

Trial testimony and the official investi-
gation that preceded it definitely proved
that all suspects, other than the three
convicted men, had nothing whatsoever
to do with the crime.

Anderson, Baxter and Penney appealed
to the State Court of Appeals at Frankfort,
Kentucky. This action caused a stay of
execution, pending a review of the case,
and as we go to press no decision has yet
been handed down.

TRUE DETECTIVE

(Continue
turned back, ar

up one road a:

dropping Mull:
tion. “Don't :
“Tt’s curtains f
Huddled in
dent said noth:
his eyes wer
their features.
he was tellin
City Police a
interested in
the kidnappin:
heard Mullin «
looked at one <
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lips had a bro!
companion’s ri
size of a ten-y:
then that the
had been plagi
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the year, wer:
and their desc:
the stolen Ch)
over the telety
With police :
ing from the
intensive man’

M WHERE T!
was a myst
on the mornin:
trail suddenly
Iowa, sixty mi
the filling stat’
raided by four
reported as hi
another a brok
was flashed, ro
out surroundi!
In Shelby C
Grover Philso:
a car across H
of Harlan, Iow:
side, they allo
after car
shortly a
was light
a quarter to n\
could be seen
lands to the v
cers tensed, b
ready position
them, until it -
distant. Then
started to mal
later, there wa
From the rear
vehicle, came
and the air wa
gun slugs.
Sheriff Phils:
that both hea
been blown o:
flying lead. Bx
the speeding «

At seven o:
ford G. Gardi:
of his farm :
tall, dark-h»
look about wu:
seemed em
came up ¢!
he said s
ditch » !
and |
I’m ¢

“Sure,
you a har
out his sh
got in »
the road
tance, wh:
Gone was
diffidence. i)
bleak as he

ocroper, 194

“


ANUIN OUI

KENTUCKY’S GOLF QUEEN AND THE

TOURNAMENT.« DEATH

BY VINCENT HARRINGTON

th OU may have five minutes to the fatal slug; it pierced right through
question her.” Dr. Fred Rankin her skull.”
spoke in a clipped, precise voice Chief Price gestured for Detective
through his gauze mask. “For- Joe Hoskins to probe the lead pellet out
tunately for you, we couldn’t give of the floor.
‘er a general anesthetic; her heart’s too “The other entered her back,” the
veak. She’s been given a spinal, and will coroner continued. “The powder wounds
robably be conscious throughout the op- _ indicate the shot- was fired at close range.”

‘ation, but I refuse to take a chance Austin Price, a mild-mannered man
‘f weakening her by prolonged ques- with a ruddy out-of-door complexion and
ioning.” slightly greying hair, removed his glasses

Detective Joe Harrigan of the Lexing- and wiped them briskly. He had known
on police nodded. His eyes were fixed Marion Miley for a good many years,
m the ashen face of the middle-aged had in fact followed the girl’s career on
voman who lay on the operating table the links long before she had won the

efore him. Western’ Women’s Amateur Golf Cham-
He looked back at Dr. Rankin. “Then pionship. For several years now she and
he’s pretty bad, eh, Doc?” her mother, Elsa Miley, had lived in the

The surgeon nodded. “There are three second floor apartment where Mrs. Miley
unshot wounds in the lower abdomen; was manager of the Lexington County
he’s bleeding internally. Ask your ques- Country Club. Marion, a national figure,
ions and please leave as quickly as was extremely popular in Lexington.
ossible.” The arrival of City Detective John L.
Harrigan and his fellow officer, County Sellers, ‘Superintendent of - Identification
atrol Chief J. W. McCord, already Guy C. Maupin, fingerprint expert Frank
ressed in sterile gowns, gauze masks, and _Gravitt, and photographers of the Lexing- _ Incomplete confession was made by the first “There's a Jot of money, maybe $10,000, at
thite skull caps, moved toward the op- ton police, all of whom had been quickly 9 the three killers to be caught by police: the country club,” this man told the former
rating table. roused from sleep, interrupted Price’s Later, under further questioning, he told convicts who accompanied him on the rob-
Detective Harrigan spoke softly. “Mrs, thoughts. the true story, implicating the third man. bery. The three killers got a total of $150.
filey....” While Detectives Sellers and Hoskins .
The woman’s eyelids flickered. Then began finecombing the spacious apart-
er eyes were open, but their gaze was ment for clues, the photographers ' pre-
xed and vacant. pared to record the death scene from
“You want the men punished, Mrs. every angle. eae

filey,” Harrigan went on. “You must Descending to the main floor, Chief
‘y to tell us what happéned, as much Price and Sheriff Thompson found J. M.
$ you remember.” ; Giles and B. G. Crouch, manager and
: f : assistant manager respectively of the Ben-
EVERAL miles to the north of St. Mar Sanitarium, located some 300 yards
) Joseph’s Hospital, the fashionable up the Paris road. With them were Pa-
exington Country Club was the scene trolmen John Doyle and Virgil Mann of
f unusual activity. It was a few minutes the Lexington force, and Marshall Cobb,
ast 6:00 a. m., September 28, 1941. A assistant manager of the Country Club.
ordon of police kept back a huge crowd “All right, men, let’s have the details,”
f curiosity seekers which milled about Price said to the Lexington policemen.

he entrance to the driveway leading to Doyle cleared his throat. “We got the
te two-story colonial style clubhouse. call from the desk at 4:43 this morning.
Inside, Lexington Chief of Police Aus- Sergeant Beatty told us to investigate a
n Price and Fayette County Sheriff shooting at the Country Club. Crouch
‘mest Thompson bent over the still form here was waiting on the road for us; he
f a young woman clad only in a pair said that Mrs. Miley was over at his
f blue pajamas. She lay sprawled, face place. She seemed to be in bad shape,
own, at the head of the stairway leading asked us to ‘please go to Marion’, Crouch
own to the main floor of the clubhouse. had already phoned for an ambulance,
Coroner J. Harvey Kerr turned the so we rushed over here.

ody over on its back. Below the girl's “The kitchen door was open, but the
ght eye was a small, blackened wound. lights weren’t working and we had to
1 the floor, where the victim’s head had go over the place with our flashes. We
in, was imbedded a small lead slug. finally found the girl upstairs in the hall-
everal inches from the body, on the way. There was nothing we could do for
yp step of the stairway, lay a heavy her. We went down to the bar to call
vale weight and several strands of brown- headquarters, but the phone was dead—
h-blond hair. Next to the latter were the wires had been cut—so we raced back
‘ing a few wooden splinters, which evi- to the sanitarium and called Beatty from
mtly had been shattered from the top there. A few minutes later the ambu-
inel of the door leading to the apartment _lance arrived.”

»yond, “Did Mrs. Miley tell you what hap-
“Well, Harvey?” Price looked at the pened?”
oroner, 2 “No .. . she was only half conscious

“There isn’t much to tell, Chief. She when we got there.” -
ed- instantly. This,” he pointed to the Price turned to Giles and Crouch.
illet still imbedded in the floor, “was “You?”

VIDENCE SPEAKS LOUDER THAN
LIBIS, THREE KILLERS LEARN


‘oa

Officers learned some things at the Joyful Inn

which changed their minds about one suspect

cation of Tom Penney from a police
photograph. “He looks like the fellow,”
she said, somewhat doubtfully.

But police were more, optimistic over
still another lead, one they secured from
a patron of the Joyful Inn, a roadhouse
opposite the Joyland Park golf driving
range on Paris Pike. The witness, who
appeared at Chief Price’s office, said, “I’ve
been reading the papers and when I no-
ticed that the killers were driving a blue-
gray 1941 Buick I remembered seeing
such a car parked across from the road-
house about ten-thirty Saturday night. I
paid pretty close attention to it because
the driver tooted the horn as I started
into the place and at first I thought he
was signaling to me. Then I saw a fellow
get out of another parked car and walk
across the road.” :

“Do you know whovhe was?” Chief Price
asked.

“No sir. But I’m pretty certain one of
the young folks was Clyde Lewis Folger.
a I think his wife Virginia was with

im.”

i CHIEF PRICE thanked the man warmly

and at once got in touch with Sheriff
Thompson and Chief McCord, the latter
having returned from Newport.

Young Folger, a clean-cut youth in his
early twenties, at once corroborated the
incident. When asked ‘if he could recall
where he was Saturday night and early
Sunday morning he replied, “At the Joy-
ful Inn, across from the golf-driving range,
and later at ‘Ma’s Place.’”

“Who was with you?”

“My wife, Virginia, my sister, Margaret
Ann, and Jimmy Hilen.”

“Anybody else?” :

“Why, yes. ‘Skeeter’ Baxter took us to
‘Ma’s Place’ in his car.”

“Did ‘Skeeter’ talk to anybody while
you were parked in front of the Joyful
Inn?”

“Yes, sir. He spoke to a couple of
people in a 1941 Buick.” Then, abruptly
realizing the significance underlying
Chief Price’s questions, the youth ex-
claimed, “Say, you don’t suppose that
he...’ Nodding grimly, the officer said,
“We're checking every possible lead. Now
tell me more. What color was their car?”

“It was a two-tone job, blue-gray or
blue-green I believe.”

Price nodded. “And could you see the
occupants?”

“No, sir. It was too dark.”

“Did Baxter mention their names?”

“Yes, sir. When he returned I said,

80

‘Who was that?’ And he replied, ‘Oh,
that was Lloyd Poynter and his girl’ I
said, ‘That’s a pretty big car for Lloyd to
be driving, isn’t it?’ And he said, ‘Oh, his
girl has lots of money.’”

Later, Folger declared, Baxter accom~-
panied his party to Ma’s Place, where,
around 1 a, M., the same car reappeared
and its occupants engaged Baxter in con-
versation again. This, incidentally, con-
firmed Ma Gabbard’s statement that two
men, one of whom answered Tom Penney’s
description, appeared at her roadhouse
around one o’clock.

@ FOLGER’S WIFE and his companions

confirmed his story, and one, James
Hilen, added another significant morsel of
information. “After ‘Skeeter’ talked to
those people at Ma’s Place he said to me,
‘I’ve got to run up to the club to make sure
everything’s okay. Want to come along?’
I said, ‘Sure.’ So we drove up to the
clubhouse and found everything shipshape.
But I noticed the same big car was parked
on the drive, near the other two.”

Lloyd Poynter, the Lexington youth
named by Baxter, denied having been near
the Joyful Inn that night and asserted he
had no date that evening. The youth’s
activities were satisfactorily accounted
for, proving that Baxter had lied.

Price, Thompson and McCord discussed
this revelation at considerable length.
“The picture, I think, is clear,” Price
stated. “It all adds up. Penney and his
unknown partner stole the car in Louis-
ville. They drove over here and bought a
flashlight around ten o’clock. Then they

per

looked up Baxter, who was probably
their lookout, and talked the thing over.
There was a party at the club and they
had to wait until everybody left. Which
explains why they talked to Baxter a
second time, as they probably wondered
how long the dance would las Be

“we'd better pick up that fellow right
away,” McCord suggested.

But Price shook his head. “He figures
he’s in the clear and it won’t do any harm
to let him continue thinking that way,”
he replied. “I suggest that we keep a
close watch on him while we're looking
for Penney and the third man.”

After some further discussion this
course was decided upon.

H MEANWHILE, IN distant Fort Worth,

Texas, on the night of Wednesday, Oc-
tober 8th, City Detectives Theron Brooks
and Ed Smith got into their car and started
for a distant state to bring back a forger.
Brooks was at the wheel as they slipped
through the city’s honky tonk section,
while Smith, from sheer force of habit.
glanced at the license plates of parked
automobiles, Suddenly he exclaimed,
“Stop the car. There’s a two-tone Buick
back there with Kentucky plates.”

Brooks applied the brakes and then
swung into a sweeping U-turn. “Anybody
in it?”

“Yes. There’s a man behind the wheel
and another one and a girl in back. The
one in back looks familiar.”

Brooks passed the car a second time.
He, too, studied the car and its three oc-
cupants, “Sure enough,” he agreed, “that
fellow in back looks familiar. And I’ve
seen the girl somewhere too.”

“How about the one behind the wheel?”

“T can’t make him out. But we can
soon learn,” Brooks retorted. “For all we
know, they may be the men who pulled
that $8,000 job at the J. C. Penney store
on September 20th.”

Brooks made another U-turn and drew
up behind the parked Buick. Pausing
momentarily to make certain their
weapons were in readiness, the two de-
tectives got out and approached the car
from opposite sides.

Smith reached the driver first and he
flashed his badge. “Get out and keep
your hands away from your pockets,” he
said crisply. :

Brooks ordered the man and woman in
the rear to do likewise.

The driver obeyed slowly and without
comment. He was a lanky fellow in his
early thirties, with deep-set, squinting
eyes, thin, ruddy features and a long, livid
scar running from ear to jowl on one of
his cheeks. He was coatless and hatless
and a cigarette drooped from the corner
of his mouth.

The girl started to protest but Brooks

~eprepetae

ING RANGE

At this golf driving range a country club
employee was seen talking to strange men

TRUE DETECTIVE

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OCTOBER,


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Brooks

Sine a laa et ia Ata

Me

stopped her abruptly. Her companion,
a dark-haired young man with thick,
dark eyebrows, looked frightened. “What's
this all about!” he demanded.

The three occupants were frisked and
found to be without weapons. Whereupon
Smith asked the driver for his license.

“I haven’t got one,” he grunted in a
surly tone.

“Then what’s your name?”

“None of your business.”

Smith brightened suddenly. For into his
mind there flashed the mug shot of Tom
Penney he had seen on & Lexington cir-
cular that morning. The long scar was
unmistakable.

“Let me guess,” he suggested. “Does
the name Tom Penney sound familiar?”

The driver flinched and the officer saw
that he had scored. But the captive re-
mained silent.

“Where did you get this car?”

“A fellow gave it to me.”

“Who?”

@ “NONE OF your business,” came the
insolent rejoinder.

The  suspect’s companion identified
himself as a native of Fort Worth who had
recently met the driver, and he was quick
to disclaim any knowledge of his “friend’s”
identity. The crimson-lipped playgirl
who accompanied him said she did not
know the driver either.

The officers summoned help and ten
minutes later the car and its occupants
arrived at Police Headquarters. There,
the delighted officers secured a circular
of Tom Penney and confirmed their sus-
picion that they had bagged one of the
most badly wanted criminals in the
country. A comparison of the driver’s
fingerprints dispelled the last doubt re-
garding his identity, and before another
hour had passed, Carl Howard, Chief of
Fort Worth Police, telephoned the good
news to Chief Price at Lexington.

“That’s great,” the Kentucky officer said
heartily. “Did he have a ear?”

“yes, A two-tone, blue-gray 1941
Buick with Kentucky license 1P04.”

“That’s the one we want,” Price said
quickly. “Hold them for us. Ill get in
touch with Sheriff Thompson and we'll
be down.”

A minute examination of the stolen car
by Fort Worth identification officers re-
vealed an exploded ‘32 caliber pistol
cartridge under the front seat of the car.
This was carefully preserved, pending the
arrival of Kentucky officers.

Following a hurried conference, Chief
Price and Sheriff Thompson departed for
Fort Worth by train. Arrangements were
made for Tom Lunsford and another wit-
ness, Bud Tomlinson, to follow them in a
car driven by Fingerprint Expert Frank
Gravitt. Tomlinson was a young married
man who had voluntarily appeared at
Lexington Headquarters and stated that
Penney had approached him several
weeks earlier with a proposition similar
to the one given Lunsford, and which he
too had spurned.

The Kentucky officials arrived in the
Southwest metropolis early Friday, while
Gravitt and the witnesses arrived the
next day. They found the scar-faced
suspect dejected, morose and disinclined
to talk. Jail attendants reported he
scarcely touched his food and that he
smoked cigarettes continually.

Significantly, an examination of the ex-
convict’s coat, found in the car he was
driving, disclosed that it was a dark suit
coat with several buttons missing. The
buttons found in the Miley apartment,
which the officers had brought along,
matched those on the garment perfectly.

“This is the end of the road,” Sheriff
Thompson told the prisoner. “That empty

octoseR, 1942

shell we found under the seat of your car
checks with those found in the Miley
apartment.”

Penney’s eyes widened. “That —— fool,”
he snarled. “I should have known he’d
do something like that.”

“who?” Price demanded.

“Never mind,” the ex-convict retorted.

“Well,” said Price unperturbably, “Tom
Lunsford and Bud Tomlinson will be here
any moment. And I guess you know as
well as we do what they’ve already told

Despite all efforts to get the truth out of
Penney, he stubbornly denied any com-
plicity in the holdup slayings. Then, early
Sunday morning, Chief Price sat down
with the Kentucky criminal in a locked
cell, and after four hours with him alone
he emerged with an announcement, “Tom
is ready to tell everything.”

Whereupon, in the presence of Assis-
tant District Attorney Hendricks Brown
of Tarrant County, Fort Worth Chief of
Police Howard, Lexington Chief of Police
Price and Fayette County Sheriff Thomp-
son and a_ stenographer, Tom Penney
confessed and involved as a partner in
crime a man heretofore regarded as a
victim.

“I’m guilty of this crime and the man
whose car I was driving when I was ar-
rested was my partner,” he stated. “I
have known Robert Anderson for about
seven years. He runs the Cat and Fiddle
night club at 19th and Main Streets in
Louisville. Some time on the afternoon
of September 27th, 1941, on Saturday, I
called Anderson and we agreed to meet
that night and go to Lexington.

“I met him about eight-thirty or nine
o’clock that night on the corner of Brook
and Market Streets in Louisville. He was
driving his car, a 1941 Buick two-tone
job, blue and gray. Then we drove over
to Lexington.” There, Penney’s state-
ment revealed, he and Anderson, friends
since both served time in the State Prison
at LaGrange, purchased gasoline and a
flashlight, visited several hot-spots, in-
cluding Ma’s Place on the Leestown Pike,
before going to the club. “I suggested
pulling the job,” Penney stated, “because
I used to deliver beer out there and I
knew there was lots of money on the
place.” ~

(In his original confession Penney made
no mention of “Skeeter” Baxter’s com-
plicity and he denied that he and Anderson
had gone to Lexington for the express
purpose of robbing the country club. In
later statements he not only involved
the greens-keeper but admitted that the
country club stickup had been carefully
planned, Anderson being the master
mind.)

@ “WE DROVE out there and parked close

to two cars,” the prisoner continued. “I
know one of them was a Buick. (Both
were). We went in the back door and
went to the basement and pulled all of
the electric switches and cut the tele-
phone wires. Then we went through
the kitchen and up the stairs, and we
heard somebody breathing quite loud,
like they were sound asleep. The door
was locked and Anderson said we should
go back to the car and get something to
open it with. We went back and he got
two automatics. He gave me one. Then
we went back into the clubhouse again
and he picked up something in the kitch-
en, (this was the sash-weight used as
a bludgeon) and he followed me’ up the
stairs because I had the light. He knocked
the panel out of the door and reached in
and opened it.

“There was a bunch of screaming and
scuffling and as soon as I got through the
door somebody hit me on the chin. I got

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Double ec, at the
Country Club

[Continued from page 51]

fitted the description Mrs. Miley had given
Giles, who had relayed it to Chief McCord.

There, Marion Miley, in death, was the
same brave contender she had been in
life. Bruises on her hands, head and body;
two bullet wounds, one in the forehead,
the other in her back, were evidence of
the fierce battle she had made against
double odds.

Marion’s death, according to the med-
ical examiner, must have been almost
instantaneous and had probably occurred
from two to three hours before the inves-
tigators arrived, which set the time at
approximately 2:30 a.m.

This was corroborated by the electric
clock on Mrs.:Miley’s bureau. It had
stopped at exactly 2:20 because the in-
vaders had cut off the current in the cellar
before going up to the apartment.

That also accounted for the fact that
neither Marion nor her mother had been
able to turn on any lights. In addition,
the telephone had been ripped from the
wall, making it impossible for Mrs. Miley
to put in a call for help.

How the wounded woman had managed
to make that painful trek to the sanitarium
was remarkable in itself. Her bedroom,
as viewed by Chiefs McCord and Price,
was a welter of blood, over floor, walls,
carpeting and bed clothes. Contents of
the bureau drawers were strewn about,
mute testimony to the tale of robbery that
Mrs. Miley had gasped to Giles.

The investigators traced a blood-
streaked path down the stairs and out
the back door of the building, represent-
ing the route Mrs. Miley had taken. The
back door was open, but Captain Joseph
Harrigan of the Lexington detective de-
partment reported that every other door
and window was locked or bolted from
the inside.

“Bither they came in some other way,”
commented Harrigan, “and locked up
after them, or they had a key to this
door.”

“Check every person who might have
a key,” ordered Price. Then, grimly, he
added, “The killers certainly didn’t have
a key to the apartment, though they knew
the place well enough to find their way
up there.”

That brought a pointed comment from
Detective Lt. Joseph Hoskins, who had
assisted Captain Harrigan in a detailed
inspection of the downstairs premises.

“They didn’t know the cellar too well,”
Hoskins declared, “or they would have
pulled the master switch. Instead, they
found the circuit switches and pulled
some of-those.”

The first country club employe to be
questioned was Skeeter Baxter. Return-
ing from his all-night rounds, the greens
tender met.the searchers who were
spreading out from the club house to
look for traces of the vanished killers.
They took him to Chief Price, who shot
the questions:

“Do you have a key to the back door of
the club house—or to any of the doors?”

“No,” replied Skeeter, “and I wouldn’t
even know who has one, outside of Mrs.
Miley.”

Hesitantly, Skeeter opened ‘his lips as
though he wanted to say more. Price
prompted him with the query, “Did you
notice any cars coming from the pike, or
anything else unusual while you were out
working tonight?”

54 @

“No cars,” returned Skeeter. “The road
is out of sight from a lot of places. But
while I was watering down one of the
greens, I was looking toward the club
house and saw a light flicking on and
off at one of the apartment windows. From
the bp it blinked, I thought it was a
flashlight. Mrs. Miley uses one a lot, so
when it stopped blinking, I supposed she’d
been up and around but had gone back
to bed.” ,

“At what time was that?”

“That, I wouldn’t know. Wait now’—
Skeet began counting on thumb and fin-
gers, checking off the greens he had visited
and the time it took to hose them—“it
could have been along about half-past
two.”

That statement, covering the approxi-
mate time of the crime, was in the nature
of an alibi, that was strengthened when
Skeeter led investigators across the
dawn-streaked golf course to the green
from which he said he had seen the mys-
terious flickers.

The window of Mrs. Miley’s bedroom
was visible from that angle, so the final
gunshots could have been mistaken for
a flashlight, while the distance was too
great for the sound of the shots to carry,
considering that they had been muffled
within the apartment.

Other members of the club personnel,
when questioned, were able to account for
their movements after leaving the club
house. Neither ‘Marshall Cobb nor Percy
Thomas carried a key to the club house,
and the bartender and head waiter agreed
that Skeeter Baxter would have even less
reason to have such a key.

But the clincher was supplied by Mrs.
Miley herself, when County Patrol Chief
McCord talked to her at the hospital,
where she had regained consciousness.

“Tell us, Mrs. Miley,” put McCord,
gently, “did ic see the faces of the men
who attacked you?”

“Yes,” came the feeble response. “Both
of them.” .

“And did you recognize either of them?”

“No. I—never saw them—before.”

“Can you describe them?”

“One was tall—thin. The other shorter
—stockier.” .

“And how were they dressed?”

“One—I don’t remember which—was in
a dark suit. The other—wore lighter
clothes—like y.”

“Can you tell me what they said?”

“Only that they wanted money—they
asked where it was—I told them—”

With that, the wounded woman lapsed
back into unconsciousness and the doctors
doubted that she would be able to make
a further statement for some time.

Chief McCord had established two

essential points, however, to further the ©

investigation:

First, that the slayers of Marion Miley
were definitely outsiders, unknown to the
family; second, that the motive had been
solely robbery.

The first point tallied with the state-
ments of the club personnel; the second
was corroborated by the medical ex-
aminer, who declared that despite the
brutality of the attack, there had been no
evidence of criminal assault against
Marion Miley.

One other possible motive, that of
venegance, was promptly dispelled by
Fred Miley from Cincinnati, where he had
been acting as pro at another golf course.

“TI wanted Elsa to hire a watchman for
the club house,” oo told investigators,
“but she couldn’t see the need for one. She
said she didn’t want men around the

The investigators agreed that any
woman fearful of any enemies would not

have adopted such an independent at-
titude. When informed of the tragedy,
Fred Miley, had been told that his wife
and daughter had met with an “accident”
and it was not until he reached George-
town, some 12 miles north of Lexington,
that he picked up an “extra” edition of
a newspaper and-read the details of the
country club crime.

Mention of a newspaper brought up the
one and only potential lead that the in-
vestigation so far had developed—and an
indirect one at that.

“Skeeter Baxter didn’t see anything
more than those gun flashes,” declared
Chief Price, “and there’s not a footprint
on the dry ground, and the gravel drive-
way doesn’t retain tire marks.

But there was a Sunday newspaper on
the front porch of the club house when
we got there, and they aren’t delivered
until after half-past two. When we talk
to the boy who left it, we may learn some-
thing more.”

It was Captain Harrigan who finally
located the paper boy whose route fol-
lowed the Paris Pike. The boy remembered
leaving the newspaper, because it was a
long way in from the pike, but he had
nothing unusual to report.

“The place was dark and quiet, like it
always is,” the boy stated. “You wouldn’t
know anybody was around, if the cars
weren’t parked there.”

“You mean two cars,” put in Harrigan.
“Mrs. Miley’s and Marion’s.”

“I guess so,” the boy nodded. “Usually
there are two cars, but this time there
were three.”

“What did the third car look like?”

“It was a flashy job. A last year’s Buick
sedan.”

“What was its color?”

“It looked like a dark blue, but it’s
pretty hard to tell at night. It might have
been dark green.”

Asked at what time he had dropped
off the newspaper, the boy was uncertain,
but finally made as an estimate, “Some
time after 3 o’clock, maybe pretty close to
half past.”

That was good enough for Captain
Harrigan. He took it up with Chief Price,
who agreed that the boy must have seen
the car used by the slayers of Marion
Miley, while they were still on the prem-
ises with Elsa Miley lying unconscious in
the upstairs bedroom.

“They must have been looking for more
money,” decided Price. “They wouldn’t
have gone to the lengths they did, if $150
was all they expected to get.”

“That’s for sure,” returned Harrigan.
“They missed $60 in the office desk and
they overlooked another $25 in the bed-
room closet.”

“So they were after something a lot
bigger,” summed Price. “Something that
never was there. Check around town and
find out if there has been any talk of a
lot of money being kept out at the club.”

Guy Maupin, identification expert of the
Louisville Police, had come up with
samples of partial fingerprints in the Miley
apartment as well as bullets from a 38
automatic that had lodged in the wall.
Two buttons found in the hallway could
have come from the gray suit that Mrs.
Miley said one of the slayers had been
wearing.

Any of these bits of evidence could help
tag the killers once they were found.
From the struggle that had taken place,
investigators were sure that at least one
culprit, if located, would show marks as
a result of the fight that Marion Miley
had made.

Patrol Chief McCord ordered his men
to begin an all-out hunt for the sedan

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The mere i
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ing about it, too. Can you give me a good
reason why?”

“Because we wanted to find out the
score,” returned Bud. “That’s why. We
wondered whether Penney had talked to
anybody else.”

By then, Harrigan had sized up the
two young men and was convinced of
their sincerity. He told them to say noth-
ing more about the Miley case, but to
report anything they might hear regard-
ing Tom Penney. Then, the detective
captain took a typescript of their testi-
mony to Chief Price, who became en-
thusiastic when he read it.

“Follow it up!” was Price’s order. “Ask
about Penney in other taverns and find
out what, if anything, he said there!”

Harrigan found several Lexington
taverns where Penney was known, but
he hadn’t been seen in any of them since
the country club robbery. Some of his
barroom acquaintances said that he had
divided his time between Lexington and
Louisville. Seeing a possible lead in this
remark, Price checked over a list of cars
stolen recently in Louisville.

“Here’s a Buick sedan stolen in Louis-
ville,” Price told Harrigan. “It belongs
to Robert Anderson, who owns a night
club there. Maybe that was one of
Penney’s hangouts.”

A checkup was made with Anderson,
who recognized Penney both by name and
description. But he added that the wanted
man had been an occasional rather than
a regular, customer at the Louisville West
Side night club. However, Anderson was
positive that his car couldn’t be the one
that had been seen at the Lexington
Country Club.

“My car wasn’t stolen until three days
after the robbery,” insisted the night club
owner. “It was parked right outside here
all that Saturday night, at the same spot
from.which it was stolen later.”

Asked if Penney had been around the
Louisville nightery that same Saturday,
Anderson replied, “He might have come
and gone early, but he wasn’t around at
closing time. We had trouble with some
tough customers and it wound up in a
slug fest. When we counted noses after-
ward, most of them were bloody. But
Penney’s wasn’t one of them. What’s
more, I haven’t seen him since.”

Nobody else had seen Penney around
Louisville, as local detectives learned
when they made the rounds of other
taverns in that city. Anderson’s testimony
was confirmed by others who remembered
the tall, rather garrulous ex-con as an
occasional customer. Penney had plum-
meted clear out of sight since the night
of the Miley murders!

Granted that the description of the car
was so vague that many more mistakes
might be expected, the hunt was continued
for it, along with the search for Tom
Penney. Spurred by a $1,200 reward
offered in Lexington, the hunt for the
key suspect in the double slaying had
reached nation-wide proportions.

Ten days had passed since the crime,
but there was still a chance that law en-
forcement agents somewhere would run
across the trail of the man or the car.
Then, on Thursday, October 9, the long-
shot paid off.

Police of Fort Worth, Texas, checking
cars that might have figured in a local
robbery, picked up two men in a blue
Buick sedan with a Kentucky license.
One proved to be Tom Penney; 'his com-
panion was a short stocky man ex-convict
named Jack Crane. Two hitchhikers who
had been riding with Penney and Crane
were also held for questioning.

Informed of the break the case had

56 >

taken, Sheriff Ernest Thompson of Fayette
County and Lexington Police Chief Price
started at once for Fort Worth.

There was an odd factor, however, that
promised a surprise twist. The blue sedan
didn’t just resemble Anderson’s; it ac-
tually was the car that the Louisville
night club owner had reported as stolen
three days after the double slaying at
the Lexington Country Club!

Fort Worth Detective Capt. A. E.
Dowell was working steadily on the
murder angle while the Kentucky in-
vestigators were on their way to Texas.
When questioned separately, Penney and
Crane showed a sharp discrepancy in
their stories,

Acco: to Penney, they had started
south together the day before the crime,
while Crane insisted that Penney hadn’t
picked him up in Louisville until a few
days afterward.

“Penney is your man all right,” Dowell
told the Kentucky investigators on their
arrival, “but Crane sounds on the level.”

That was enough. Combining their
efforts, the investigators tried a new tack
with Penney. They told him that Crane
had told them facts that Penney had un-
wisely let slip during the long drive to
Texas.

Penney’s story promptly became shakier
and when Chief Price bluntly told him
that even Anderson had lied about the
stolen car in order to frame him, Penney
suddenly broke. In the presence of
Assistant District Attorney Hendricks
Brown, Penney dictated a confessio
naming Anderson, not Crane, as _ his
companion in crime. As a matter of fact,
the officers already had checked out
Crane’s story as true, except that the
ex-con was travelling under an assumed
name.

Penney at one time had delivered
beverages to the Lexington Country Club
and had heard that Mrs. Miley kept as
much as $10,000 in the place. After losing
his delivery job, he’d begun thinking how
easy it would be to stage a robbery there,
though it would require more than one
man to work it fast.

“IT sounded out Bud and Tommy,” stated
Penney, “and when I realized they
wouldn’t do, I clammed up quick. Then
I remembered Anderson in Louisville. I
Se snag to know he needed dough and
I figured he’d listen, which he did.”

According to Penney, he and Anderson
had pulled out of Louisville in the latter’s
car late on the Saturday night of the
double slaying. They made their final
plans during the 83-mile drive to Lexing-
ton and reached the country club about
2 am. :

“We got in through a cellar window,”
explained Penney, “and locked it after
us. We pulled the switches and looked
around with flashlights, but when we
couldn’t find any real dough downstairs,
we decided it must be up in the apart-
ment. Andy smashed the door with a
heavy iron weight, and we both had guns
ready to scare the women into being quiet.
But we didn’t expect what happened.”

Penney described how Marion had met
them with a furious onslaught, before
they were even inside the door. She had
bitten Anderson’s hand and had swung
so hard at Penney that he had struck
back with his gun. The first shot had gone
off accidentally, Penney claimed, and by
then he was so excited that he had fired
again. .

Having killed Marion, the bandits
couldn’t afford to take chances with Mrs.
Miley, so they shot her after she told
them where the age was. Finding that
it amounted to less than $150, they had

Te

made another search for the $10,000 that
they still thought was there.

That accounted for their car being out-
side when the newsboy left the Sunday
newspaper. Finally giving up the search
as hopeless, they had driven back to
Louisville.

“We split the dough,” concluded Penney,
“and we threw the guns in the river.
When I phoned Andy a few days later,
he was worried for fear his car had been
spotted. He told me to take it and get rid
of it. I never dreamed he would’ report
that it was stolen.”

Sheriff Thompson put in a long distance
call to Louisville police headquarters.
There, Detective Maj. James Malone was
detailed to pick up Anderson. Arrested
at his night club, Anderson stoutly denied
any connection with the crime, still in-
sisting that his car had been stolen
afterward.

Shorter than Penney and stockier of
build, Anderson not only answered the
description of the second slayer, but his
story of the brawl in his tavern fell apart
when Malone checked it. Anderson was
still wearing a bandage on his hand as
the result of the fight he had described.
But the injury, even at that late date,
showed definite traces of deep teeth
marks.

Anderson’s persistent denials worked °

against him, for they forced Penney to
talk more, rather than take the full blame
for the crimes. Penney changed his story
about the guns, telling investigators that
instead of throwing them in the river, he
had buried them in Fontaine Ferry
Amusement Park in Louisville. There,
detectives dug up the weapons, which
were in the white bag that had originally
held the stolen money.

Ballistics tests showed that these guns,
a 32 revolver and a 38 automatic, had
fired the fatal shots. A .38 shell found in
Anderson’s car became another exhibit
in the case. So did fingerprints found in
the apartment, which corresponded to
the prints of both Penney and Anderson.

But the investigation did not end there.
Chief Price was convinced that the
bandits had acted on more than wild
rumor where the imaginary money was
concerned. Penney had let one fact slip;
namely, that he’d picked up that talk of
$10,000 out at the country club itself.

So Captain Harrigan and his detectives
began another quiz of the entire personnel
as well as persons living near the golf
course. They learned that only Skeeter
Baxter had been around at times when
Penney had made his truck deliveries.

People living on the Paris Pike had
noted Skeeter Baxter near the driveway
entrance after the last of the guests had
left the, Saturday night dance at the
club house. Though trifling in itself, such
evidence shattered Skeeter’s claim that
he had been at his usual task of watering
down the greens.

Questioned at length, Skeeter finally
admitted that he thought Mrs. Miley kept
large sums in the apartment and had
relayed that word to Penney. Still outside
the club house at the time of the robbery-
murder, Skeeter had seen the gun flashes
in the window and had concocted a very
plausible story, simply picking a green
well removed from the club house to give
himself a solid alibi.

Skeeter Baxter was arrested and
brought to trial on the same charge as
Tom Penney and Robert Anderson; that
of murder. All three were found guilty
at separate trials in December, 1941 and
after a year of legal delays, were executed
at the Kentucky State Penitentiary, on
February 26, 1943.

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winesateh ais $90
pepe oan the newsboy had seen at the club. Ken- Simply, but straightforwardly, this pair, “Because we thought the jerk was off
ie hat f tucky State Police joined in the search, familiarly known as Tommy and Bud, told the beam,” returned Tommy. “We asked
“accident” which rapidly spread to other states as their story to Captain Harrigan. was another guy in on it, who might give
.d: Gaoreae well. Chief McCord checked lists of stolen “A week before the Miley murders,” him a little trouble, and he had to keep
gt at cars for any 1940 Buick sedan. said Tommy, “a character named Tom an eye on him.”
edition .of It was literally a race against time, as Penney told us he knew a way we could “Yeah, but that wasn’t the real reason,”
alls nf hope for Mrs. Miley was diminishing and make a couple of thousand bucks apiece.” interjected Bud. “Only we didn’t know
2 . any chance of her identifying the slayers “So naturally we listened,” added Bud, it at the time. We began asking people
tant 1k the would be slim indeed unless they were “until he told us that we had to pull a about Penney and we found out that he’d
" at Rd i soon caught. Then, that chance was gone robbery to get the dough.” him why he didn’t do it alone, the whole
pe . d nia entirely, for on the afternoon of October 1, Harrigan didn’t even ask for details. thing being so easy. He said, because there
2d—and an just three and one-half days after the He simply nodded and said, “Go on.” served time for robbery. So we figured
‘in yeni crime, Elsa Miley died as the result of “Rasy money, Penney called it,” Tommy he was scared to take a chance again.”
‘ieok | the bullet wounds. went on. “He said Mrs. Miley had it, out “And why,” repeated Harrigan, “didn’t
 Soceriet Shortly afterward, two youths were at the Lexington Country Club. Maybe —_you report this to the police then?”
val ee picked up in Shelbyville, a town midway We could take it without her even know- “Because right then,” replied Tommy,
; between Lexington and Louisville. They ing it. “we heard about what happened out at
wspaper on had been driving a car resembling the one “And if that didn’t work,” Bud put in, the Lexington Country Club. We still
ouse when seen at the country club and they had “all we had to do was scare her into didn’t know whether Penney was in on
t delivered talked about the Miley case around local handing it over.” it or whether he had just been sounding
eh we thlit taprooms. Now, Harrigan had a question. The off about something he’d heard was due
learn some- Questioned, the pair insisted that they detective captain Fs it sharply, “Why to happen.
had been in Louisville the night of the didn’t you report this to the police, right Captain Harrigan weighed that briefly.
who finally Lexington murders and that the money then and there?” Then he said sharply, “So you began talk-
route fol- they had been spending freely had been
emembered won in pool games. H. B. Kinsolving, the
ise it was a commonwealth attorney at Shelbyville,
but he had 8 a prompt checkup with Louisville ) D AY TORTURE C APTIVE
police. .
juiet, like it By the time Chief Price arrived from
ou wouldn’t Lexington, the apparently flimsy story
if the cars told by the two pool sharks had been
substantiated from the Louisville end,
n Harrigan. clearing the youths from any connection
with the Miley case.
ed. “Usually
time there That was just one of a series of false
like?” leads that cropped up in the days that

year’s Buick

ue, but it’s

followed. But despite the frustrating lack
of progress, Chief Price insisted that the
key to the mystery must lie in Lexington.

“By now,” he analyzed, “those fellows
have either traveled.a long way or they

might have have gotten rid of that car entirely. Even
if we do catch up with them, we'll need
more evidence to prove our case, and we'll

nad dropped have to find that here in Lexington.”

as uncertajn,
nate, “Some
etty close to

Captain Harrigan and his detectives
were working along that line, following
Chief Price’s theory that the club house
robbery had been a planned job, even if it

for Captain had missed fire from a standpoint of a
Chief Price, big haul.

st have seen First inquiries, made among members
a of Marion of the country club set, had drawn a blank.
yn the prem- The mere idea that Mrs. Miley had kept

.conscious in

ing for more

ey wouldn’t itself an indication that she had too little.
y did, if $150 at stake to be worried.

: The couples who had talked with Mrs.
ed Harrigan. Miley at the close of the Saturday night
ice desk and dance insisted that she had been her usual

in the bed- vivacious and carefree self. Her manage-

1ething a lot
»mething that
ind town and

large sums
preposterous to those w
well. Her refusal to hire a watchman was

in her 2 epee ee seemed

ment of the club house had been a profit-
able operation, but strictly of a small
though steady scale, as her own accounts
testified.

any talk of a Cobb, the bartender, and Thomas, the
at the club.’ head-waiter, corroborated this with a de-
. expert of the tailed statement of their own finances.

me up with
s in the Miley
ts from a .38

Their statements dovetailed and both men
were positive that Mrs. Miley would have
banked any sizeable surplus, rather than

in the wall. keep much cash on hand.
iallway could But when detectives extended their
suit that Mrs.

ers had been

inquiries to some of the Lexington taverns,
they heard an entirely different story.
There, it was rumored that the bandits

o had known her .

nce could help
were found.
i taken place,
t at least one
10w marks as
Marion Miley

who had raided the Miley apartment had
come away with much more than the
amount that had been publicly announced,
some estimates placing the take as high
as $10,000.

Gradually eliminating barflies who had
only repeated idle talk they had heard,
the detectives finally pinpointed the source
of the rumors to two youths.

Mrs. Renata Helbling reveals bruises and burns she suffered when she was held
captive for five days in a Buffalo, N. Y., home. Mrs. Helbling told police a male
friend burned her and her two young children with a cigar, after accusing her
of being unfaithful to him. He was held on assault. Notice burns on left arm.

lered his men
for the sedan

2 55


. brutal rob-
laying came
1 center re-
missing three
rder. Here he
to jail cell
-iff’s officers.

ion’s head.
, the dark-
le gunman
ing at her
allway and
motionless

she could
Stifling her
bowled her
stabbed at
zown almost
until one

ton, after he
<illing them.

tion chief, dusts a

Chief J. W. McCord, left, and Lt. Joe Hoskins
inspect blood stains in hall where Marion was
slain. At the right, G. W. Maupin, identifica-

bedroom door for prints.

a os ee ge ee

man nudged her with the cold steel of a revolver barrel and
demanded:

“Come on—show us where you put the money. We want
all of it.” ‘

Feebly, Mrs. Miley gestured toward the bureau and
gasped: “There—in the middle drawer—”

The pair rummaged through the drawer and found a
white cloth bag containing the night’s receipts of nearly
$150. One man swung about and fired two more shots into
bs quivering form of Elsa Miley, who rolled back and lay
still.

Again, silence, except for vague sounds within the spacious
building. Finally they, too, stopped. The first inkling of
the tragedy came at the Ben-Mar Sanitarium, located’ on
the pike nearly a quarter mile across the golf links from the
club house.

There, a jerky, intermittent ringing of the door bell roused
J. M. Giles, head of the sanitarium, at about half-past four
that Sunday morning. When Giles opened the door, a blood-
stained, nightgowned woman staggered into his arms. Giles
recognized her as his neighbor, Mrs. Elsa Miley.

While Giles and his staff were giving first aid to Mrs.
Miley, the woman gasped disjointed details of what had
happened at the country club. How her daughter Marion had
been murdered before her eyes and how she herself had
been shot and left for dead by the same slayers.

Giles put in two phone calls; one to the Fayette County
Patrol, the other to St. J oseph’s Hospital. By the tirne Patrol
Chief John W. McCord reached the sanitarium, Mrs. Miley
had lapsed into unconsciousness. She was rushed to the
hospital by ambulance while Chief McCord went to the
club house where he was joined about 5 a.m. by Chief Austin
B. Price of the Lexington Police and other investigators.

The scene at the top of the stairs [Continued on page 54]

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39 Ky. 166 SOUTH WESTERN
asserted absolute innocence in the prepara-
tion for or participation in the crime, or
knowledge of either; a claim of alibi.

This statement was read to the jury,
following other testimony showing the
condition of the premises on the morning
of September 27th; introduction of numer-
ous exhibits, and proof of witnesses as to
the identity of the car which was used by
the persons engaged in the robbery, and
the testimony of Penney. It developed
from the statement that appellant, with his
brother Andrew, operated a saloon and
dance hall at 19th and Main Streets in
Louisville, called the “Cat and Fiddle,” to
the operation of which appellant gave more
attention than the brother, who had other
business. Appellant first gave his move-
ments during the day (27th) and up to 10
p. m., following his usual customs. At ten
o’clock he got into his car, a gray-blue 1941
suick, and drove to a liquor store at 15th
and Market, and bought a case of whisky
from a man named “Jake”. (It was later
developed that this was Jacob Ashkenaz,
operating a drugstore at the address). He
returned to his place about 11 p. m., and
was there until 2 p. m., about which time
he checked his cash register and went to
bed. He arose the next morning around
10 a. m., and later he and his wife went to
appellant’s camp up the river, returning
home about 1 p.m. At 9 p. m. he Icarned
from a newspaper that there had been a
“shooting and murder in Lexington.”

IIe then takes up his acquaintance with
Penney, “a boy that I had met in the Frank-
fort penitentiary.” On September 22d or
23d Penney walked into the saloon and
they had some conversation about Penney’s
personal affairs. Penney asked for a job;
Anderson told him Andy did the hiring and
he would see him. Penney was broke and
Anderson gave him a dollar. Penney re-
turned the next day; Anderson told him he
could not hire him just then. “He asked
me if I would be interested in a barrel of
whisky and I said [ would; Penney then
said he could get three barrels,” at what ap-
peared to be a low price. Penney had no
sample, but Anderson arranged to and did
mect Penney at an appointed place where
Penney left the car, and in ten minutes re-
turned saying he could not get a sample.
This trip, and for the same purpose, was
repeated the next day with like result.
Later Penney reported to Anderson that he
thought he could make the deal; Anderson
turned his car over to Penney, and told him

REPORTER, 2d SERIES

to get the whisky and bring it back. Pen-
ney came back with a sample, which An-
derson examined and pronounced moon-
shine. Penney insisted that it came from a
distillery in Carrollton. There was no
deal; later Penney called and Anderson
told him to come to his place. Penney
came and offered the whisky at $2 per gal-
lon, but Anderson said he could not use it;
they separated and Anderson said that he
had not seen him since that afternoon.

With relation to the car later found in
the possession of Penney in Fort Worth,
Anderson said that after he got the whisky
from Jake on Saturday night, he parked his
car near his place and locked the doors,
but was not sure he had locked the igni-
tion. He shows no further use of the car
unless it was to go to the camp on Sunday.
However, he says that on Tuesday he went
to his room at 5:30 to rest. His wife woke
him about eight o’clock and told him “that
scarfaced s. b. is fooling around your auto-
mobile.” His wife took the keys and put
them in her pocket. Mrs. Anderson and
her sister-in-law went to a picture show;
Anderson met them at the show, and all
returned at midnight in a taxi. Anderson
did not look to see if his car was parked
where he had left it. He went to bed at 1
p. m., and Andy came in the next morning
at 7; Anderson asked him to take some
whisky from the garage, put it in the truck
and take it to Henry, another brother. “1
told him I did not want to put the liquor
in my machine.” Andy told him the car
was parked at the time. At ten o’clock
Anderson arose and went to a barber shop,
“but did not pay any attention as to wheth-
er my car was there at the time. I came
back and still did not notice to see if it was
there.” At 10 p. m. he came out of the
saloon to get the car and found it gone.
He made report to the Detective Bureau.
Recalling what his wife had told him about
Penney, he suspected him. He did not
hear any more about the car until October
8th, when he learned it had been found in
Texas.

In closing he denied any knowledge of
the Miley case; said that he had not been
in Lexington since the latter part of
August, when driving through. “I know of
no reason why Penney would want to say
that I was with him on the occasion men-
tioned. I only lent him my car on one oc-
casion to go and get the sample of whisky.”

Before undertaking to detail Common-
wealth’s evidence we deem it best to present

ANDERSON v. COMMONWEALTH Ky. 33
166 S.W.2d 30

appellant’s proof in support of his claim of
alibi. His mother, who lived in the apart-
ment above the dance hall with Anderson
and his wife, and Andrew and his wife, re-
called the night of the 27th, saying she
saw appellant around the place at seven
o'clock when she went to her room. She
retired about twelve o'clock, and about
two o’clock she saw and heard Anderson
and his wife going to their room. She was
unable to give any reason for fixing the
particular Saturday night, except that it
was his usual custom to retire around two
o'clock every Saturday night. Andrew and
his wife saw appellant around the club as
lute as twelve o’clock, when they retired.

In addition to members of the family,
there were introduced six or more girls,
frequenters of the club, who say they were
present the night of September 27, during
hours ranging from eight to twelve o’clock,
cach testifying that during these hours
they saw appellant around the club, par-
ticularly in the dance hall. The bar tender,
Rogers, a brother-in-law, says that Ander-
son checked the cash register about 1:45
a.m. The majority of these witnesses
say that they recalled the particular night
because it was “the night the clock was
set back.”

On cross-examination many of the wit-
nesses were unable to give the names of
other persons who were at the club that
night, and none recalled the date until after
Anderson’s arrest on the 12th, and there
Was some confusion as to whether the date
they were fixing was September 27, or the
next Saturday night, October 4th. Appel-
lant introduced Ashkenaz, the druggist,
who was the “Jake” referred to in his
Statement, and from whom Anderson in
statement said that he had bought whisky
around 10:30 on the night of the 27th. This
witness says that Anderson, whom he knew,
cid not come to his store that night “as
I know of,” but that he was in the store
on the night of October 4 and bought
whisky; he recalled the night because there
had been a street fight, and the officers

arrested a participant who had run into the
Store,

In rebuttal there were four or more girls,
also “frequenters”, who say they were at
the Cat and Fiddle on this Saturday night,
mand around the dance hall, some who
Were near the table usually reserved by
Anderson, and all say they did not sce
Anderson, whom they knew well, at any
time while they were present, from nine

166 S.W.2ad—3

until twelve o’clock. Two vice-squad offi-
cers visited Anderson’s place that night
(time not given), but Anderson was not
there. They were permitted to say that
they made inquiry of his wife as to his
whereabouts, but not permitted to give her
reply.

Coming now to the testimony of the Com-
momwealth, we find the testimony of Pen-
ney, which up to the point he had related
in his own case (ante) was not materially
varied. The officers had testified as to
the corpus delicti, giving minute details of
the situation in the Miley apartment on the
morning of the 27th. They introduced
numerous exhibits, screen window, pistols,
plat of the grounds and many photographs,
etc. Cramer the newsboy had testified as
to seeing the Buick car at the clubhouse,
which from photographs he identified as
the same car, also identified in the same
manner by some of the young people who
had been riding around with Baxter. An-
derson was identified by Givens, the drug
clerk who had soid him the flashlight
around midnight of the 27th.

Mrs. Gabbard, the owner of the road-
house, identified Anderson as the man who
came to her place and left with Baxter
prior to the time of the robbery. Frank
Lederson said that he knew Penney and
Anderson, and saw them in the Buick car,
Anderson driving, around seven-thirty p.
m., on the 27th, going east on Market
Street.

Anderson in his statement said that he
reported the loss of his car to the Police
Bureau on October 1. However, a high-
way patrolman located in Elizabethtown,
said that on October 1, around 7 p. m.,
Anderson, whom he knew, reported the
loss to him. Anderson said that the car
had been stolen on Sunday night, and he
suspected a soldier of taking it; he de-
scribed the car as a two-tone Buick 1941
model. He said nothing about making re-
port of loss of his car to the Insurance
Company, but an adjuster said that he had
heard that the car had been stolen. He
went to Anderson’s place of business and
he signed a report that his car had been
taken from 19th and Main Streets on Octo-
ber 1; it was described as above stated.
This report was signed October 4. The
adjuster asked Anderson if he suspected
any one and he said he “had no idea who
had taken it.”

On October 6, at 8:40 p. m., a telegram
came to Anderson’s place which was de-


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doubt as to the truth of Penncy’s version
of the acts on his part which constituted
the conspiracy. We are not called upon
to go further into analysis of the proof.
A reading of cases in which proof of con-
spiracy was the involved point will demon-
strate the views of this and other courts
as to the character and quality of evidence
necessary to establish conspiracy. These
will show the rule to be that while con-
spiracy may not be established on suspicion
or merely by proof of suspicious acts, it
may be proven by circumstances where
they are such as to be so unequivocal and
incriminating as to remove reasonable
doubt of innocence. Exemplary are the re-
cent cases: Lester v. Com., 284 Ky. 352,
144 S.W.2d 808; Ashley v. Com., 283 Ky.
835, 143 S.W.2d 726, and numerous Cases
cited under Conspiracy, 5 Kentucky Digest,
47.

Ilere we are not relegated to considera-
tion alone of proven circumstances; there
is in addition the statement of Baxter made
on October 17, properly (after inquiry in
the Judge’s chambers) admitted as evidence,
in which he made statements, not of cir-
cumstances, but of acts and conversations
which showed that he was an active partial
participant, and was to reccive a portion
of the loot,

[6] It is next urged that Baxter’s con-
stitutional rights were prejudiced by the
fact that of the special venire, one who ap-
peared and served on the jury, was a res-
ident of Jessamine County. This conten-
tion was not raised until after verdict, sct
up as a ground for a new trial, supported
by an aflidavit in which it was also stated
that neither the Commonwealth’s attorney
nor counsel for defense inquired on voir
dire as to Harrod’s place or residence. It
is not claimed that had the fact been known
he would have been rejected for jury serv-
ice. Counsel quotes from the 6th amend-
ment of the Constitution of the United
States, which provides that one accused of
crime shall be entitled to a speedy public
trial “by an impartial jury of the State and
district wherein the crime shall have been
committed”; it is not necessary to discuss
the effect ot this provision of the Federal
Constitution, nor the ruling of the court
in the cited case of United States v. Peus-
chel et al., D.C., 116 F. 642. The provision
does not apply, and the case cited did not
deal with the formation of a jury in the
Federal Court.

166 SOUTIL WESTERN REPORTER, 2d SERIES

Section 7 of our Constitution preserves
to one accused of crime the sacred and in-
violate ancient mode of trial by jury, sub-
ject to constitutional modifications. Notes
to this section include cases in which we
have held the section to have been violated,
as well as contra cases. In Wendling v.
Com., 143 Ky. 587, 137 S.W. 205, 207, we
gave our expression as to what was the an-
cient mode of trial and what we found to
have been the fundamental principles, and
concluded that “the qualifications of the
juror or the manner or mode of his selec-
tion were never regarded as being con-
trolled by this section.” This construction
was upheld in Branham y. Com., 209 Ky.
734, 273 S.W. 489, and referred to in
Jackson v. Com., 221 Ky. 823, 824, 299 S.
W. 983, though in the latter case we held
the provisions of the section supra violat-
ed where it appeared that appellant was
convicted by a jury of only eleven mem-
bers.

By Section 11 of our Constitution,
among other rights vouchsafed to one on
trial for crime is that he shall be tried
by an impartial jury “of the vicinage,”
saving to the law-making body the right to
provide for a change of venue. Authori-
ties differ as to the technical meaning of
“vicinage” as used in constitutions or stat-
utes. The term is dealt with at length
in Am.Jur.Vol. 31, “Jury,” p. 563. Without
quoting, it was noted that the rule at com-
mon law that a jury must come from the
vicinage was obviously developed and ad-
hered to so that an accused should be tried
in his own neighborhood, to allow him the
advantage of his good character and stand-
ing in his vicinage; to be tried by jurors
who knew him. It has been suggested that
the true construction of the word, as used
in the Constitution, was that it correspond-
ed with the territorial jurisdiction of the
court in which the venue of the crime was
laid. See Com. v. Jones, 118 Ky. 889, 82 S.
W. 643, 4 Ann.Cas. 1192. In Shelton, v.
Com., 224 Ky. 671, 6 S.W.2d 1094, 1096
(murder trial) the question arose as to
whether a juror was or was not a resident
of Whitley County. The juror claimed
that he was a resident of Whitley, tempo-
rarily residing in another county. This
court thought the proof showed the juror
to be a Whitley resident, but said: “But,
if he was not, a new trial should not have
been granted solely because a juror was in-
competent on account of his being a non-
resident of the county.” Citing 16 C.J.

BAXTER v. COMMONWEALTH Ky. 29
166 S.W.2d 24

1156; Brown v. State, 105 Ga. 640, 31 S.
i. 557; Carson v. Pointer, 11 Ala.App. 462,
66 So. 910. It was here shown that the
Jessamine juror lived nearer to Lexington
than did many of the accepted Fayette
jurors.

[7,8] It is clear from the above that
the fact that a nonresident of the county
sat on the jury, violated no constitutional
rights, so we need not consider whether or
not there was a waiver of such a right by
failure to inquire or challenge on voir dire
examination. Respectable authorities hold
that there may be such waiver on failure
to inquire. Am.Jur. 31, Sections 14-66.
Our statutes relating to selection of jurors,
of course, require the names from which
the jury is selected to be drawn from those
of residents of the county; and when there
exists certain grounds the court may order
a venire from another county, which need
not be adjoining. Criminal Code of Prac-
tice § 194; Frasure v. Com., 180 Ky. 274,
202 S.W. 653. Section 2253, Ky.Stats.
provides that the fact that a person not
competent is serving on a jury, shall not
be cause for setting the verdict aside, nor
shall exceptions be taken to any juror for
such cause after the jury is sworn. Win-
chester v. Com., 210 Ky. 685, 276 S.W.
575; Horton v. Com., 254 Ky. 443, 71 S.
W.2d 984. From what is said above it is
— that this statute is not unconstitution-
al.

[9] It is lastly contended that a state-
ment of the court made during trial was
prejudicial. Maupin testifying, was shown
pistols which had been recovered when he
and Penney went to Louisville for the
purpose of discovering or recovering the
uscd weapons, and asked if the automatic
was one of the pistols. He identified it as
being one which was filed as an exhibit in
the Anderson and Penney cases. Counsel
objected to the introduction and statement
“unless they can be connected in some way
with the defendant Baxter.” The common-
wealth attorney then remarked: “We have
already shown his connection with the
crime,” and the court said: “It has been
shown that he entered into a conspiracy
with his co-defendants to commit this
crime. I will have to overrule the objec-
on,” to which remark there was an ob-
jection. The objection suggested in brief
was not incorporated either in the original

or amended grounds for new trial, there-
fore not reviewable by this court on appeal.

[10] In conclusion in addition to rely-
ing upon alleged errors above mentioncd.
counsel saying that while they have ne
doubt of Baxter’s sanity, insist that he was
incapable of entering into the conspiracy
because his brain was so befuddled by the
use of aspirin, whisky and marijuana smok-
ing that “he seldom had a normal mental
process.” No testimony other than his
own was adduced on the subject, and the
greater portion of his was in relation to his
use of' the claimed mentally destructive
elements on the evening preceding the
homicide; not the time nor times when he,
with Penney, formulated the conspiracy,
which under the proof he never abandoned.

Whatever might have been the effect, or
his claim to have been affected at any time
during the involved periods, his rights un-
der this plea were preserved to him in a
correct instruction to the jury. It may be
true, as said by counsel, that appellant was
not responsible for the murder of Miss
Miley, if they use the word to mean that
he did not actually fire the shot or was not
present at the time. But he was, according
to proof, responsible for suggesting the
thought, and carrying out the plan which
resulted in robbery ending in the death of
the innocent persons by whom he was em-
ployed.

[11] The record shows that the court
used nis efforts to see that appellant had a
fair and impartial trial. He gave him the
benefit of able counsel who have conscien-
tiously looked after his rights, and every
instruction to which the proof entitled him.
The penalty is the severest, but under the
facts and circumstances seems justifiable ;
no doubt every appeal was made to the jury
to temper justice with mercy. The degree
of punishment inflicted is always a matter
for the jury, which can only be disturbed
by us when the evidence fails to support
the verdict, or there is error resulting in
prejudice to substantial rights. The seri-
ous responsibility resting upon the court
in this, as all cases where the death pen-
alty is inflicted, demands, and has here re-
ceived careful consideration of the record
in determining whether or not prejudicial
error was committed. We have failed to
find any such error, hence the judgment
must be and is affirmed.

Whole Court sitting.

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30 Ky. 166 SOUTII WESTERN

291 Ky. 727
ANDERSON v. COMMONWEALTH.

Court of Appeals of Kentucky,
Oct. 23, 1942.

1. Indictment and Information €=137(2)

An indictment returned by special
grand jury impaneled by Fayette Circuit
Court, which is a court of continuous ses-
sion, under statutory authority of the court
in its discretion to call not more than three
special sessions of a grand jury in one year
was not subject to motion to quash for fail-
ure of order directing impancling of the
special grand jury to comply with statutory
requirement that order calling a special
term of court designate the style of each
case to be tried. KRS 23.050(22), 23.220
et seq., 29.240.

2. Criminal law ©=433

Where accused in cross-examination
of confessed participant in homicide testi-
fying for the commonwealth introduced a
note written by the witness and passed to
accused in jail wherein accused was ‘ab-
solved from any participation in or knowl-
edge of the crime, notes identified by wit-
ness as being in accused’s handwriting and
coming from accused’s cell were admissible
on redirect examination to show that ac-
cused had told witness what the note in-
troduced by accused should contain.

3. Criminal law ©=741(1)
In homicide case, the weight of the
evidence was for the jury.

4. Criminal law €=511(2)

Evidence tending to connect accused
with commission of homicide met require-
ments of statute as to corroboration of
confessed accomplice’s testimony and war-

ranted submission of case to jury. Cr.
Code Prac. § 241.

5. Criminal law C>1174(1)

That jury had an opportunity to dis-
regard the admonition of the court when
the morning following submission of homi-
cide case jury was taken to breakfast by
sheriff did not show that court’s refusal to
discharge the jury was prejudicial error,
in the absence of showing that jury ac-
tually did disregard such admonition dur-
ing trial or after submission, either by sep-
aration or conversation with others or
among themselves or reception of evidence
outside of court. Cr.Code Prac. § 246,

2 inn een stir Sa soch hind tort dae ettdnid mien COR C Ree

REPORTER, 2d SERIES

6. Criminal law C>1174(1)

Some act or such a clear violation of
the court’s admonition on the part of the
jury as would under the circumstances con-
stitute error must be shown in order to
constitute reversible error on such ground.
Cr.Code Prac. § 246.

7. Criminal law €>780(1)

Where accused in his statement to
police which he relied on at trial for homi-
cide stated he first met alleged accomplice
in state penitentiary and made no objec-
tion to testimony of accomplice and others
that they had been in the penitentiary with
accused, trial court was not required to ad-
monish jury with respect to such testi-
mony.

8. Homicide €=300(8)

The term “eye-witness”, as used in
rule requiring that jury be given the whole
law of the case where there is evidence
of a struggle and no eye-witness is present
at the homicide, does not necessarily mean
one who obtains knowledge of an act
through the sense of sight alone, but one
who is able to identify a person by his
voice with which he is familiar and who
could not recognize the person on account
of absence of sight may be, in law, an eye-
witness.

See Words and Phrases, Permanent

Edition, for all other definitions of
“Tye-witness”.

9. Homicide €=>300(7)

Where accused relied solely on an
alibi and testimony of confessed accom-
plice, who was to all intents and purposes
an “eye-witness”, disclosed nothing indi-
cating that accused was placed in such
position by victims of intended robbery as
to require him to kill in order to save him-
self from bodily harm, court did not err
in failing to instruct on self-defense, not-
withstanding there was evidence of a
struggle.

10. Homicide €=300(9)

One is not entitled to an instruction
on self-defense unless the evidence au-
thorizes it.

11. Criminal law €=31

A defense of “alibi”, arising on the
plea of not guilty, is only effective if jury
is satisfied from reasonable and credible
evidence that accused was at such a point
distant from scene of action as to have

ANDERSON v. COMMONWEALTH Ky. 31
166 S.W.2d 30

made his participation in the crime in some
manner impossible.
See Words and Phrases, Permanent
Edition, for all other definitions of
“Alibi”.

12. Criminal law €=739(2)

In prosecution for homicide, whether
conflicting evidence established accused’s
alibi was for jury.

———

Appeal from Circuit Court, Fayette
County; Chester D. Adams, Judge.

Robert Anderson was convicted of mur-
der, and he appeals.

Judgment affirmed.

W. Clarke Otte and S. Rush Nicholson,
loth of Louisville, for appellant.

Hubert Meredith, Atty. Gen., and W.
Owen Keller, Asst. Atty. Gen., for appellee.

MORRIS, Commissioner.

This is an appeal from a judgment ren-
dered upon a verdict declaring appellant
guilty of the murder of Marion Miley and
inflicting the death penalty. Appellant, in-
dicted with Thomas Penney, and Raymond
Haxter were tried separately; the latter
were found guilty with like penalties in-
flicted.

Opinions in the Baxter (Baxter v. Com.,
ky., 166 S.W.2d 24) and Penney (Pen-
ney v. Com., Ky., 166 S.W.2d 18) cases
this day decided, will be found preceding
this; we make reference to the Penney
case for detailed statement of facts re-
lating to the condition of the Miley apart-
ment in the clubhouse of the Lexington
Country Club on the early morning of
September 28, 1941, and to testimony of
Penney connecting Anderson with the
crime.

We shall detail only such testimony as
appears necessary in considering grounds
set up by counsel as constituting errors,
which in substance are: Errors of the
court in: (1) failing to instruct the jury on
the whole law of the case; (2). overruling
appellant’s motion to direct a “not guilty”
verdict; (3) admitting incompetent preju-
dicial evidence; (4) failing to admonish the
jury prior to various recesses of the court
and upon final submission; (5) failure to
admonish the jury as to the effect of tes-
timony of witnesses who said that accused
had been an inmate of the State prison,

and lastly, error of the court in overruling
motion to quash the indictment.

We shall take up this ground first, since
consideration does not depend upon facts
other than as shown by the court’s record
of procedure. Counsel contends that the
order calling the “special term of court”
failed to comply with 23.220 et seq., K. R.
S. (§ 971-1 et seq., Ky.Stats.) which re-
quires the court in calling a special term
to designate in order and notice the style
of cach case to be tried, and motions to
be made or judgments entered, further pro-
viding that at such term no other case
shall be tried unless by agreement of par-
ties. Counsel misconstrues the state of the
record which does not show an order call-
ing a special session of the Fayette court,
which is a court of continuous session.
23.050(22), K.R.S. (K.S. § 965-22). The
order merely discharged a grand jury em-
paneled prior to October 27, 1941, which
had consumed its allotted time. It direct-
ed the empancling of a “special grand
jury,” to complete what the court consid-
ered unfinished business of the discharged
body, which met on October 27, and re-
turned the instant indictment.

[1] The section of the statute relied up-
on by appellant, relates to trials and not to
actions of a grand jury, regular or special.
The action of the court was authorized by
29.240, K.R.S. (§ 2251, Ky.Stats.) under
which the court in its discretion, in case of
emergency may call not more than three
special sessions of a grand jury in one
year. We note that motion to quash was
not made prior to time of arraignment.
Criminal Code of Practice, § 157; Ridings
v. Com., 245 Ky. 22, 53 S.W.2d 190;
Salyers v. Com., 274 Ky. 284, 118 S.W.2d
208. Disregarding the failure to follow
required procedure, the objection is un-
tenable because of our ruling in the case
of Taylor v. Com., 256 Ky. 667, 76 S.W.2d
923, which counsel concede to be persuasive
and we hold conclusive.

The propriety of the court’s adverse rul-
ing on the motion for directed verdict,
made at the close of commonwealth’s evi-
dence, and renewed when all proof was in,
depends upon and requires a recital of
evidence, some of which is not common to
that in the Penney or Baxter cases. An-
derson did not testify; following his arrest
he had made a voluntary statement to the
officers, in which he denied that he was in
Lexington at the time of the homicide, and

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34 Ky. 166 SOUTH WESTERN
livered to either Rogers or the brother
Andy. This came through the Postal and
was dated October 6, at Jackson Mississippi.
A copy produced reads: “Mr. Robert An-
derson, care Cat and Fiddle Club, 19th and
Main, Louisville, Ky. Had misfortune with
fire. Need $15.00 quick. Send by boy care
Postal Telegraph. R. T. Hoffman.” On
the same evening Anderson, by Postal,
wired $15 to R. T. Hoffman, Jackson, Mis-
sissippi. The money order was cashed
October 7, on the endorsement of Iloffman,
without identification requirement.

Anderson was treated by a local doctor
on the evening of the 29th for bruises on
his body. The doctor found that he had
been bitten on the left leg, which injury
Anderson explained by saying he had had
trouble in throwing a drunk out of his place
and he had bitten him. The doctor thought
the stages showed that the injuries had
been inflicted within perhaps forty-eight
hours.

Penney testified that about September 30,
he and Anderson had talked about getting
rid of the car; Anderson said it was a
“hot” car, and that “someone had scen it
there; he wanted me to wreck it; burn it,
just anything.” Anderson told him to take
it and he would give him twenty-four hours
before he reported loss. Penney was to go
to Anderson’s place and get it. He went
there and Anderson’s wife said it was
locked; “she thought I was up to some-
thing.” Penney left and called Anderson
and told him the car was locked. Ander-
son agreed to meet him at 18th and Main;
met him there and they drove to another
point. When Anderson came up a window
vent was broken, Anderson saying he had
to break it to get in as his wife had the key.
At 18th and Maple Anderson Ieft the car
and Penney headed south into Tennessee.
It was there he said he picked up Hoffman.
The two drove to Jacksonville, Florida;
then west to some point in Georgia, then
to Jackson, Mississippi, where Hoffman
sent the telegram, cashed the money order
and gave Penney the $15. He was positive
that the car he had in Fort Worth was the
same car which he and Anderson used on
the Lexington trip on the 27th.

He also said that on the return trip to
Louisville he and Anderson had buried the
two pistols (mentioned in the Penney case)
around an old building in a park near
Louisville. Penney afterwards took the
officers to the place where they found the
weapons,

REPORTER, 2d SERIES

Penney and Anderson were in jail to-
gether at Lexington. On his cross-examin-
ation (about 70 pages of transcript) which
he withstood without being materially
crossed, the defense introduced a note
which had been passed from Penney to
Anderson. This note undertook, in a ram-
bling way, to detail his associations with
Anderson. He wrote: “Haven’t seen you
since Friday 26th. Had keys made once for
your car when I had it borrowed; met
Hoffman in Tennessee thru Slick; 38 was
in car. Man with black car had 32. Stole
your car Sunday 27, 9:40 p. m., returned it
before daybreak; then stole it again Octo-
ber Ist and went South. The rest is as is.
Never with you in Lexington at nite. I
tried to sell you some whisky while I was
in Louisville that came from Carrollton,
but you wouldn’t buy. Wrong color, too
new. Thought I saw your wife come in.
She does hate me, burns me down ever
time she gets a chance to see me; don’t
think she recognized me at this time as I
have a moustache.”

Penney admitted writing the note to An-
derson in order to “help him if I could,”
but upon being pressed on re-direct exam-
ination he said that the note was in re-
sponse to some he had received from An-
derson. These notes were written at vari-
ous times and passed over the walls of ad-
joining cells. Appellant objected to their
reading on the ground that it was not
shown that the writing was Anderson’s.
Penney knew, and said it was his writing
and the notes came from the cell occupied
by Anderson. When the notes were passed,
one or the other would say, “coming over,”
and when thrown over, “all right.” Pen-
ney said that Anderson had told him in
writing and in conversation what to write
down. He was to say in substance, what
was contained in the Penney note. Ander-
son had written “o. k.” on the Penney note
and passed it back to him.

One of the notes to Penney said: “My
attorney was up yesterday and he is trying
to get things together. Baxter got the
statement he signed and he said he didn’t
remember anything; he was full of whisky
and luminals for six months.” Another:
“Have you got everything straight? The
paper said I would be tried first. If you
haven’t let me know right away.” Anoth-
er: “I am fixing up a letter for you. My
attorney said they were going to put you
on the stand, and he said it would be better
if you took the stand instead of putting it

ANDERSON v. COMMONWEALTH Iyy. 35
166 S.W.2d 30

on paper. Answer right away for that
would only give them a chance to change
their defense and he said he thought they
would take you out and try to make you
change it again. Let me know if you will
take the stand.” Another: “Don’t say
anything about the gun unless you are
asked. I don’t think they have traced it to
me. It was under the seat.” The originals
were introduced and marked “A-B-C-D-
1”; the last one, “E” relating to Penney’s
taking the stand, and the giving “them the
chance to change their defense,” was ad-
uutted without objection. The objection
to the others was on the ground of lack of
identification.

[2] We conclude that all the notes and
the writer were sufficiently identified so as
to permit their introduction. Appellant
started the “note” controversy, and the
Commonwealth had the right to introduce
proof in explanation of the one admittedly
written by Penney.

Other circumstantial evidence “tending”
to connect Anderson, relates to the pistols,
particularly to the one said to have been
used by Anderson. A salesman of a sport-
ig goods store in Louisville, on May 28,
1936, as shown by his records, sold a 38 au-
tamatic to Alex Morris, who shipped the
weapon to Wardell Orsbey in Oldham
County; Orsbey in July, 1941, sold the
pistol to Anderson. Both these witnesses
ilentify the pistol, it being the same found
hy officers in Shawnee Park in Louisville.
An expert in ballistics said that bullets
found in the Miley apartment were fired
from this weapon.

Counsel in argument, admitting that
there were several witnesses who say they
saw Anderson in Lexington on the night of
the 27th, “which tended to support the
Proposition that he was there that night,”
totally discredit the testimony and classify
it as being ridiculous. This refers to the
testimony of the drug clerk who sold the
flashlight, and of Mrs. Gabbard. The drug
clerk first identified Anderson by a picture
in the newspapers. He identified him from
the stand, and said he was impressed be-
cause of the late hour at which he sold the
light, and the fact that it was the first one
sold by him since working for the store.
It is true that Mrs. Gabbard, prior to the
trial, picked from several persons another
than Anderson; she insisted, however, that
sne knew him as being the man who asked
for Baxter in her place on the night of the
“rth. She said she pointed out the wrong

man because she was afraid that Anderson
might do her some injury; she had seen
Anderson prior to, and twice that night;
that he told her his name, and that he had
a night club in Louisville.

[3] A reading of Mrs. Gabbard’s testi-
mony, particularly that brought out on
cross-examination, was sufficiently impres-
sive. The same may be said of the drug
clerk’s testimony. Whcther we give cor-
rect weight or measure to this testimony,
is not the criterion. Whether sufficient to
identify appellant, or was or not so “ridicu-
lous” as to be unimpressive was for the
consideration of the jury.

[4] The argument that the evidence
showed that Penney had access both to the
car and the pistol; that the pistol, as
claimed, belonged to the brother Andy, cre-
ated a great doubt; that there was a lack
of evidence to fasten the crime on appellant,
and totally insufficient to meet the Code re-
quirement as to the necessity of fortifying
the confession of an accomplice by extrane-
ous proof, is good only as argument. Our
recitation of the evidence, necessarily lim-
ited in scope and detail, presents testimony
which was amply sufficient to take the case
to the jury and fully justified the court’s
refusal to sustain motion to direct a ver-
dict of not guilty. It also fully met the
requirement of § 241 of the Criminal Code
of Practice, according to our repeated con-
struction of this section. A reading of and
comparison with recent opinions on the sub-
ject will convince the reader that the evi-
dence here adduced “tended to connect the
accused with the commission of the crime.”
It was amply corroborative of Penney’s tes-
timony. See Williams vy. Com., 257 Ky.
175, 77 S.W.2d 609; Miller v. Com., 285
Ky. 251, 147 S.W. 394, and Haynes v.
Com., 286 Ky. 360, 150 S.W.2d 925. It is
noted that the court correctly gave ap-
plicable instruction.

It is next charged that the court failed
to admonish the jury properly at times
when the court was about to recess. Crim-
inal Code of Practice, § 246. The chief
contention is that the court submitted the
case at about 9:30 p. m., and the jury later
failing to agree, did not return to the court
room until the following morning.

It is admitted that the jury was kept in
custody during the entire trial. It is inti-
mated that there were several recesses
when the court did not admonish as per
Code provisions. We have carefully ex-

roe

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Ry of tectinary and. ecgument, with |

CH] still no definite statement from
} Tom Penney as to which of his

“conflicting versions of the 'Lexing-
- @ ton Coantry Club robbery-slayings

-7 @ was true,

Returned Te Eddyville

.. -4 Gary yesterday morning. PS

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on Commonwealth's Attorney James’
H Park. in his summary of the case | _
. fea dap morning, declared that in!
a his opinion “the guilt of Robert |
f Anderson has been strengthened |
rather than weskened by this hear. ;

+@ -ing.” and_asserted that the known ~
facts in the case, support by :

“clear and undisputed evidence”

h @eve Anderson /from the electric
fi chalr has been: based on a later -
f Hatepent by Penney, in which he
B Rafeed the late Buford Stewart of
f Louisville, an ex-convict and for-
y Mer bartender, as the “third man™
: the case.
. Penney -Lied,’ Cahill Says
In his ar nots yesterday after-
y Seca, R. Cahill Jr, Ander-
H S23 chief of counsel, repeatedly
awttted “Penney lied” in his testi-
mony and statements to police.
‘t know whether Anderson
or not,” he declared to
tying “but I see gee, un-
ng testimony of Penney,
have anything but

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Old “Stall-Stery” Rey

f Penney and Raymond (Skeeter) ney's “fertile, imaginative and

j Baxter, both sentenced to die in_ quick mind,” he charged, was to

" H the electric chair Feb. 26, were re-! ott oi the yr a Aco: would be
a tur t ddyvi s iten- ' most pleasing ocal fury, that

ned to Eddyville state peniten “local boy does. a little -/ big

“I don’t say that Mr. Maupin
wes not in entire good faith,” Mr.
Cahill pointed out. He added that
he felt that Maupin was too anxious
.for the case to be solved, “like.
everybody else.”

Later, Cahill returned to Mau-

pin’s part in the case, declaring that
the police officer had discussed
Anderson's statement with Penney
and let him “explain away” every
one of the Loulevillizn'’s state.
ments.

“If Penney had not testified,” he
eaid, “Anderson cold not have been
convicted, and Penny had not made
any statement until he found out
that Maupin was willing to believe
that Anderson was guilty.”

Be ‘Tells Of Nete Passing

Referring to the passing of notes” sh

_ between the two men while they ae ae )

=
& a : © Prag. NSA aM SS Osteo) Cp ae
sig ae tre five-day hearing on Robert | ere et
a “y SG Anderson's plea for a new herd hg ~to clear up Penney’s “dam-/“this community.” Cahill’s  state-
ia & # in the Miley murder case came Yo !nable tangle of lies” and “to remove ' Ment was taken to mean that he
® 8s close in Fayette Circuit Court :the question forever more” was to | Would not ask for a change of
: | day ‘afternoon with the com- !¢t Anderson stand trial again in Cepacinene o rene a Cate: 1)
| pletion of final arguments by coun-! : ae
3 Bf sel for the condemned slayer and © neg
e@ § Court was recessed until 10 Bria Paco ‘
lg CB e'clock this morning, when, Judge Roar 2 es z:
heath j Chester D. Adams said, a decision eae et ae eee
— @ would be handed down.) Judge! . Dec ion fs a
le @ Adams also was expected fo hand Bs $I fi
ae a) papal india Westone scenes ">: @entined & Py 7
aS Closing of the hearing yesterday a a i Ais client be ¢:
brought to a conclusion five days, CE ed the 4 dete gren

x m indicated that Penney told the truth ' cgowal
s hg gt to Lexington po-: ae pcan shot the cone of bred great ake? |
and his testimony at Ander-— | Bi

i son's trial, in which he named the i BoM ng ciel highs ot ay et oe

former Louisville tavern owner as Penney knew which gun had been! to

: his secomplice. a fired into the stomach of Mrs. eae

The last-minute court battle to Miley.”


eee te ee ak
; rong ee i os.

he
hed seen the mén leeve the:
ce with coléred boys to!
“hact craps.” i fr cea |

" .- os : {
Cahill said he had stated in cour? |
Oh two occasions previously that
the first time he ever saw Ander-
n was when the convicted slay-
Lf? Was in bis cell in death row at

ee Eddvwille after Cahill said, he had
ey ee CBlered whe ease > ;

Fe “Penney Peatifies Reiefly

Penney Mas on the stand for but
@ brief Peiund (co retract. he said.
8 datement he tad made during
he Nearing Just Friday to the ef-
fect that he had “never” been in
‘Ma’ Gabbard’e Moonlight Inn
toadhouse with Anderson.

. Mr _Park-read him the earlier
QUestion.

It read: “1 understand you to
@y that you and Robert Anderson |
hever had been in Ma Gabbdard’s
blace at any time?”

'S earlier answer wax
“That ls correct.” j

“Do you naw want to change!
Your testimony regarding that

Westion and answer?” Mr Park
+ | &ked

i

es Want to retract that previous

“Wer and refuse to answer,” the
PCsoner said

~ Then Penney commented: “I |
don't know where I have been with |
Robert Arderson—it may have’
- years ago.”
Mer, he said: “I may have bees [
there with him, I don’t know.” |
“Fifth Man’ Called

yesterday light was cast
| & the “Htth man” in the Miley.
Gee. introduced in “Ma” Gabbard's ,
y last Thursday. in which |

|e mid she had seen Penney in

Mer establishment with “a man

. Ous' Andersong counsel
re to the «tand Mtn C Daly. of—

™: West Maxwell street. who texti-

.

et

*

‘

é . ‘ 7
9

to.

-; Daley sald he had been in “BMa'
Gabberd's place wi Abr A about
‘'@ month before the Miley slayings,
. but asserted he never seen
._ .; Anderson and Penney together.
: Another witness icalled An-
derson's attorneys was Pa! owler,
of 183 Loudoun

{ : : {
fied that he was the man referred

‘lying on Anderson.” dati ae
Fowler said that Baxter ust had
:Tead a newspaper account that ¢on-

-—leerned Penney'’s statement that

| Anderson had bought a flashlight
“at a Lexington drug store a short
time before the Miley slayings.'
~ Fowler quoted Baxter as saying:
“When him and I were called in to
meke a statement. Penney was teil-
ing about the Mashlight and one of
the officers said: ‘Hell, why couldn't.
Anderson have been the one to buy
the flashlight.” ,
Buchanan Heard i
W. Jesse Buchanan, wardes et,
Eddyville. testified that he con-
versed with Penney after the
oner had given his deposition
portedly “exonerating” Andersov. -
But, the warden said. he could) not.
disclose the nature of the eds:
cause Penney ut me in "

dence.

she said the fall or short robber
knocked her down, kicked her and
shot her. : ‘
“Marion came in.” Mra Lacy
quoted Mrs. Miley as saying, “
they shot her.” She said Mra Miley
told the robbers first asked where
the money was kept. oe |

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> © Final Arguments
(70 By Attorneys To.
| Be Heard Today
Testimony in the Anderson hear-
. ing came to a close yesterday after-
‘noon. after the commonwealth had
, called seven Louisville residents in
‘Buford Stewart. former Louisvill >
bartender, was not the “third man”
-involved in the Miley robbery-slay- .
ings at the Lexington Country =
Fayette Circuft Judge Chester D.:
~ Adams, ut the close of the testi- |
.—mony. recessed the hearings until
~ 9 a/‘m this morning. when attor-
hours to prese.:t their final state-
ments m4
Judge Adams also ordered that
Tom Penney and Raymond (Skee-
derson are under death sentence’
for the Miley slayings, be returned
to Eddyville state penitentiary
Anderson will remain in Fayett>
Cision is given ~
Anderson, the farmer Louisvill2
night club owner whose plea for
cution for the trio. and the other’
two men are scheduled to die in
the Eddxville electric chair Feb.-
=8. if Anderson 1s not granted

. Support of its claim that the late
Club

_ nevs for each side will be given tw
1ter) Baxter, who with Robert An- .
county jyatl until Judge A
a new trial brought stays of exe-
new trial.

dams’ de: -

: : |
* Penney. former Lexington - car-,

penter. took the witness stand for,

the third time in four days yester-{
day at his own request. but left:

~ ar

flicting versions of thn crime was
true
Stewart's Xin Heard
Refatives and acquaintances of
Buford Stewart. named by Penne-
In one statement as his accomplice
In the Miley affair. declared that
Stewart. a cripple, had difficulty
In mounting Stairs without a rail-
Ing to grasp. ~
‘che commonwealth had contena-
(Continved on Page 3. Column 1)

——— > @

‘without stating which of his con-'

4

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eatin einen a t=: sw <t~lpete gn eenttlananee s. ii cbbtilnie «cs ws

<7 lestimony In pinoy tn
© [Anderson Case
~ ils Concluded

entrnved rem Page 1)

ed that Stewart was physically in- a
capeble af the crime because there
wasno bannister along the atair-

case by which the slavers entered oe oe Ni
the Mileys' setond floor apartment =~ Le A
at the country club. . oe 3

Other commonwealth’ witnesses
testified that Stewart.) who was
killed in a street fight in Louls-
_Sille a year ago yesterday, was
‘in Louisville on ‘he night of the
Miley slayings. fee‘
me Mether Tells Of Call

The dead man’s mother, Mrs.!
Emma Stewart, said she recelved,
a telephone call from her son about!
1045 p m. the night before the.
Country Club murders, and told
ber he had “a surprise’! for her. |

Mrs Stetvart said she, Ser hus-
band, Stewart's sister, Mrs. Edward |
J Hardesty. Mr. Hardesty, and the ;
Hardestys’ smail daughter went to
Stoney’s night club in Louisville .

—_

"where Stewart worked. at 8:30 on

‘

RB Cahill

the morning of the crime and talk-
ei to him. Mrs. Stewart. her
daughter and son-in-law recalled?
on the wriness stand that Leonard :
‘Aggie) Scott. Negro porter at the
night club, carried a case of soft
drinks—the gift of Buford Stew.‘
art—to their car.

Scott. on the stand for the com: |
monwealth, testified that when he
arrived for work at 4.8. m. Sept. .
28. 1941, the morning of the crime. '
Stewart “was already there” and
“had a fresh shiny eye” He said
Stewart told him the injury hed
been inflicted by “his girl friend. '
Miss Christine McCarley. 24. de.
xribed as a “strawberry blonde’
now‘ living in Tupelo, Miss.

Stewart's mother said he and
Miss McCarley “lived together” at
247 East Walnut street.

“Quarreled With Old Lady”
Septt said Miss McCarley, ‘a
woman.”. had been taken
home drunk from the club on the |
night of Sept. 27 and that Stewart .
the next morning said “he had
quarreled with his old lady.” sai

Sent also testified that Penney
worked “about two weeks” as 3
bertender at Stoney's night -clud
Guring the summer oO? 1941 and
that he had seen Penney and An-
@enon there together. |.

After Scott had identified Frank
dr. Anderson's chief
counsel, Commonwealth's Attor-
ney James Park asked the Negro
porter if he had ever seen Ander.
oon, Penney and Cahill together in
the night club the suramer pre
ceding the Miley slayings. - ‘se

>


ees , trial in Fayette
’ a county jail, i ti es
another part of Penney's scheme to .
incriminate Anderson, end claim- |
ed that Penney had tried “from day
to day” to yet some writing from
Anderson which would appear to .

cussed the testimony by Mrs. Sallie
| (da) Gabberd. in which the peo-!
prietress of the Moonlight Inn road- |
ouse had stated she saw Penney:
s and Anderson together in her place |
j a few hours before the murders
were committed. Pointing out that:
Penney had claimed he was in:
several establishments the same;

i

except
i don't know “Ma” Gebbderd well
enough to advise the court on the
reliability of-her testimony.”

Referring to Anderson's refusal
to take the stand in his trial to de-
fend himself, Cahill said Anderson,

a twiveconvicted felon, had been

% . doing what “in criminal parlance

is called ‘dummying up’” because; Mr. Park added |
he knew that if he went into de- Chat “ies

tail about his actions the
period of the crime he probebly
‘would involve himself fa othes)
charges which might lead to a
‘third sentence and a possible a

i
1

Stewart “Active Cripple” |

In reference to the common- .

:wealth’s assertion that Buford

Stewart, a cripple, was physically '

unable to take part in the crime,

Cahill asserted “it didn’t take a

Jack Dempsey” to effect the rob- |

bery, and that Stewart, although

_ handicapped, “was an awfully ac-:
jtive cripple, as his 35-time criml- |

'nal record shows.”

hsp Wee ru a Stewart lived in a second-floor .
Nia a apartment, he added, and “didn't.
- have any trouble there.” {
. Penney’s decision to repudiate .
e his original testimony came, Cahill _
-asserted, after he had joined the

Catholic church, and, “after mak-!
ing peace with his Maker,” he '
l wanted “to tell the truth regarding
Robert Anderson.” ;
“I don't claim Anderson is a
‘useful and honest citizen...he is
a confirmed criminal,” the attor-
ney declared. “Buford Stewart was
no sweet-smelling geranium either,”

he added.

But, Cahill maintained, the law
‘provides that “the humblest and
meanest” person shall be efforded

a fair and impartial trial

hacia ht lt Tae a ak Rete eee tin ee eid ae

ing, Commonweelth’ \ttorne
Park gave -his view of oe tthe
Mite alheseat statement at Eddy-
“ex me

derson y onerating” An
“Penney said in his deposition,”
Mr. Park declared, “that he ad-
hered to the ‘high’ code of ethics

“He realized at the trials
that, if he had a chance ae ideo
es a _— Pegg he would have
appe the jury that
telling the truth. cau

‘““When he testified against

confederates. in‘ crime, he ous
breaking the ‘criminal code of
ethics.” That went hard with Pen-

ney. He wasn't an anxious witness|

ae friend, Bob Anderson.
“That forms the backgro
the conclusfon that I have nad hat

death house at Eddyville and he
said to himself ‘I'm gone, but {¢ I
can help my friend, Bob Anderson,
I'll do it and get back to my code
of honor among crooks and crimi-

to lay a crime ed a deed men.” Ke

hearing here was Geslgned te show
whether Penney badereet
in the Anderson trial, Perk as-
serted thet Anderson's counsel “has
dotloe ot suniceas ky
bag
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ANDERSON, BAXTER and

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_ stepped through the doorway and col-

OUR HOURS AGO the music and laughter of the Blue

Grass Region’s elite were echoing through the stately

Lexington Country Club, three and a half miles north-
east of Lexington, Kentucky.

Now the still body of Miss Marion Miley, 27, America’s

No, 2 woman golf star sprawled grotesquely on the polished

floor—murdered.

Her mother, Mrs. Elsa Miley, 52, resident manager of the
club, lay in St. Joseph’s Hospital in Lexington, fighting for
life against desperate wounds.

Outdoors the first gray dawn was breaking on Sunday,
September 28, 1941. Here in the gloom of the big white
colonial clubhouse a circle of officers stared in shocked silence
while a flashlight beam set eerie shadows dancing and outlined
the figure of the comely young brunette with hideous clarity.

Clad only in the tattered remnants of a silk nightgown,
Marion Miley lay face down in the hallway of the second
floor apartment which she and her mother had shared. Blood
from a wound in the top of her head matted her dark brown

- hair and spread around her in a sullen, sticky puddle. Another

wound, small but edged with powder burns, marred the flaw-
less skin of her back.

With set jaws, Chief Austin B. Price of the Lexington

while Giles cared for her, his assistant had frantically notified
the Fayette County Patrol and summoned an ambulance.
Chief John McCord of the patrol had gone to the hospital to
hear anything else Mrs. Miley might be able to tell.

In the meantime, Harrigan and a dozen other officers had
swarmed over the premises. They had found every window
and door locked except a rear basement door.

“Bloody footprints show that was the way Mrs. Miley left,”
the detective captain went on. “The killer came in that way,
too. He cut off the lights somewhere and tore loose the
telephone wires before coming up here.’”

“Any signs of a car when you got here?” Chief Price
questioned,

Harrigan shifted his cigar. “Hundreds of signs,” he said,

“what with that big dance here last night. But the only cars

were Marion’s and her mother’s. Their radiators wére cold.
Looks like an inside job.” ~ =
“Except that no club employe would figure there
money here,” Price pointed out.
The chief strode down the h

Police Department studied the girl’s body as he struggled tor

comprehend the brutal crime. eS

ne gn

“The murderer should carry some marks,” he said to

Detective Captain Joe Harrigan, who hd4d been among <the-

first officers on the scene,
- Harrigan nodded,
dead,” he muttered.

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belief.

“That was Mrs. Mileys’ story wasn’t
it?” Harrigan swung to J. M. Giles,
manager of the Ben-Mar Sanitarium,
300 yards down the Paris Pike.

Giles inclined his head, “Yes, sir.”
The frantic ringing of the night bell
had_ awakened him and his assistant at
4:30 a. ., he said. Answering, they had
found Mrs.’ Miley, clad only in her
nightgown, standing on the porch.

“I didn’t recognize her at first.’ He
shuddered. “Blood had streaked down
her face from a cut over her right eye.
The whole front of her nightgown was
soaked with blood. It was horrible! She

lapsed on the floor. She told us who she
was in a voice so calm that it sent goose-
flesh all over me. She said there’d been
a robbery, that she had been shot and
that Marion was dead or dying.”

Then she had collapsed again, and

22 ;

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plenty to eat and drink and a big
car. It just don’t make sense.

“You know what I think? I think
this guy Penney is trying to shield
somebody, somebody who might let
him have some money to fight this
rap or somebody who has promised
to take care of his wife and kids if
he is burned.”

Anderson was imprisoned in La-
Grange Prison. There, three persons
were brought to identify him as the
man who, Penney claimed, had vis-
ited several taverns with him on
Saturday night before the slayings.
None of the witnesses, however,
were able to identify Anderson posi-
tively as Penney’s companion.

Nor were the police any more
successful cracking Anderson’s alibi
or making him confess to having
participated in the crime. Penney,
who regretted being ‘too soft” and
talking too easily, approved Ander-
son’s refusal to sing.

“He’s got sense,” Penney said.
“He won’t burn. They haven’t got a
good case against him, and I’m sure
not saying anything else.” He lit a
cigarette and flicked the match aside
between his fingers and added with
a little sigh, “I talked too much. I’m
not gonna say no more about this
mess. The only thing they got
against us is the stuff I blabbed.
They didn’t have much of a case
against me. If I had it to do over

CONFIDENTIAL
DEERME

(Continued from page 17)

“There’s no doubt about the cause
of death. She was strangled and
criminally attacked. She died be-
tween twelve and fourteen hours
before I saw her. The bruise on
the left side of her head was only
superficial. So were several lacera-
tions, which you didn’t see, on her
thighs. One other thing, perhaps
most important of all—,’ Goldstein
lowered his voice. “There was a

man’s white handkerchief, torn in-

half, bound between the girl’s legs.
I'd say it looks as if the killer must
have had a knowledge of the physi-
ological changes which occur in the
body after death. There’s a laundry
mark on it, too—F 37.”

The Inspector relayed Goldstein’s
discovery about the handkerchief to
O’Connor and Carroll.

“We can be fairly sure of one fact,
then,” Carroll said. “Either the
killer is a medical man or an em-
balmer. Certainly the average lay-
man wouldn’t know that a body

48

CONFIDENTIAL DETECTIVE CASES

again, I never would’ve confessed.”

UT the case still was not closed.
Throughout the inquiry, there
had been one puzzling element for
the police: Had there been anyone
on the “inside” helping the gunmen?
On October 17th, this provoking
question was apparently answered.
Raymond S. (‘‘Skeeter’”’) Baxter, 27,
was arrested, was charged with hav-
ing been an accomplice to the crime,
the “inside man” on the job. Baxter
was employed as a greens tender at
the Lexington Country Club and
lived only a few hundred yards from
the club. :
Later that same day, Penney led
the officers to the Fontaine Ferry
amusement park where he had hid-
den the death weapons. The day be-
fore, police had made a fruitless
search along the Ohio River for
them. According to his confession,
Penney had thrown “them towards
the river ... where the road was
nearest the river.” On Thursday
night, after some grilling, Penney
finally told the officers where he had
really hidden the two guns.
Handcuffed and closely guarded,
Penney led the officers to a spot near
the scenic railway in the amusement
park. The two automatics, a .32 and
a .38 caliber, were buried in a white
sack which Penney said had con-
tained the money they had taken
from Mrs. Miley.

Later, both guns were identified
as having been bought by Anderson,
according to a statement by the
Lexington police. He had purchased
the pistols, they said, from two col-
ored men who, in turn, had gotten
them from Max Miehl, pawnbroker.

The next day, October 18th, the
long-nosed, hawk-faced club atten-
dant confessed. He was brought
face-to-face with Penney and An-
derson. Penney and Baxter told
identical stories, but Anderson stout-
ly continued to deny having had
anything to do with the robbery-
slayings. He insisted that Penney
and Baxter were telling a “lie.”

Penney and Anderson were in-
dicted by the Fayette County Grand
Jury on October 18th, charged with
first degree murder. Both entered
formal pleas.of innocence when they
were arraigned in Circuit Court—
Penney in spite of having made a
full confession. According to Detec-
tive Joe Harrigan this was a mere
formality. It did not mean that Pen-
ney had repudiated his purported
Fort Worth confession. “A guy can’t
plead guilty to a thing like this,”
Harrigan said.

NOTE: The names Henry Wilson,
Albert Robinson, Billy Columbo,
James Dewey, Maisie Beavers and
Bill Holman are fictitious to protect
persons innocent of wrongdoing.

) BECAUSE | GOT A BURNING DESIRE!

evacuates shortly after death. Now,
as soon as we find out who she is—”
Carroll broke off as the interoffice

‘spéaker buzzed dully. A metallic

voice filled the room: “There’s a.
man down here to see you, Inspec-
tor. His name’s. Andersen.”

“Tell him I’m busy.”

“A Mr. Erhardt Andersen, In-
spector.”

Inspector O’Connor glanced at
the others, then shouted into the
speaker, “Send him up.”

Several moments later a short,
slight, pale man in his early thirties
entered the office. Nervously he lit
a cigarette and looked up at Inspec-
tor O’Connor.

“I suppose you know why I’m
here,” Erhardt Andersen began
haltingly. O’Connor nodded. “I can’t
believe it’s true! I won’t till I see
‘Evelyn with my own eyes! But my
wife has been missing for two days
now and there’s the ring with my
Name on it and the date I saw in
the papers. We were married on De-
cember 22, 1937.”

the. newspapers... .”

At half past four that afternoon,
a glance at Erhardt Andersen’s face
as he stared at the frozen features
of the dead girl told the officers she
was.Evelyn Andersen.

.“The last time I saw her was
about six o’clock yesterday morn-
ing, when she left for work,” An-
dersen sobbed out his story. “When
I got home at about eleven last
night she hadn’t got back. I asked
the neighbors if they had seen her
and when they said no I wasn’t too
concerned because sometimes she
Stayed with girl friends overnight.

“This morning, I went to work
and then called the place where she
worked. They told me that she
hadn’t come in yet and she hadn’t
been to work the day before either.
Then I began to worry. I wanted to

take the day off and look for her.I

called my union and asked them to
send a baker to replace me, but they
had no one available, so I had to
work. Then, this afternoon, I saw in

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she recognize either man again ?”

McCord’s face clouded. “She'll not recognize anybody
again,” he said soberly, “She lost consciousness before | lett
the hospital and she’s: going to die. They shot her once
through the thigh, twice in the abdomen, She hasn’t a chance.”

But McCord had been able to piece out the story of what
had happened.

ARION MILEY had been in town playing cards with

friends who brought her home at midnight. Returning
to the club, she had passed up the dance and gone directly to
her rooms. When the festivities ended at 1 a. m., Mrs. Miley
checked the bar receipts, supervised the cleaning up and re-
tired about 2. She had taken the $145 of bar receipts upstairs
with her,

“Everything was quiet then,’’ McCord said. “But she’d
hardly got to sleep when she heard the stairway door being
battered in. Marion heard it, too. She came out of her room
fighting like a tigress, but that pair must have been inside
by then. ‘ oe

“Mrs. Miley jumped out-of bed to go to her assistance. She
heard somebody fall. Then the shooting started. Marion
screamed. Then there was another shot.

“The two murderers met Mrs, Miley at the door of her
room. They knocked her down and kicked her and demanded
the money. She fought back, too. Then one man shot her
through the thigh and forced her back to the bed. She finally
showed them where she’d hidden the money there in the
middle drawer. They took it, then shot her again twice as
she sat on the bed.”

Price seethed inwardly at the cold brutality of the crime.
What accounted for it? Had the criminals gone berserk with
resistance, or had their. murderous attack been prompted by
more than robbery?, Price wondered. -

The time of the attack was definitely fixed. Cutting the
current had stopped the electric clock on Mrs. Miley’s bureau
at 2:20 a.m. But Detective Joe Hoskins only added to the
mystery when he came up from the basement to. report that
the killers had missed the master switch and had pulled four
individual circuit switches instead.

If the crime was an “inside” ‘job, why had the murderers
muffed*that one? If not, what explained their seeming
familiarity with the club and its routines? Any skilful “casing”
would have told them that little money was kept in the club-
house. : —_

Chief Price was still puzzling over that when officers who
had been combing the grounds brought in Raymond “Skeeter”
Baxter, the greens tender. Price’s hopes bounded as he realized
that the man did all his work at night, so as not to inter-
fere with golfers, and had undoubtedly been on the links some-
where when the two Miley Women were shot.

Price nodded to Baxter. “All right. Now think back.
Did you see anything out of the ordinary tonight? Any strange
men or strange cars, for instance ?”

Baxter rubbed his hand across his forehead. “No,” he said. .

slowly. “Not a Wait a minute!”

“Well?” :

“It must have been sometime around 2:30. I thought I saw
some flashes in Mrs. Miley’s apartment window. But I re-
member thinking that maybe she was just up with a flashlight
getting a drink.” .

Price stared at McCord, then back to the diminutive greens
tender. “Man!” he exploded. “Those were the shots that’
killed. Marion Miley and her mother! Didn’t you hear them ?”

Baxter slowly shook his head. “I was away down there by.
the ninth green, sir,” he explained, “You-all can’t hear nothing
from here down there.” .

Baxter was pretty sure that the last employes, other than
the janitors, to leave had been the bartender, Marshall Cobb,
and Percy Thomas, the head waiter.

Price made a note of the fact while he tried to account
for Mrs. Miley’s time between the shooting at 2:30 and her
appearance at the sanitarium at 4:30. The amount ‘of blood
in her room suggested the only possible answer. She had
blacked. out, slowly bleeding to death. Reviving by some
miracle and finding the telephone line cut, she had. finally made
her way to the first place her shocked mind could think of.

Sending Baxter back to his work, Price turned to McCord.
“Where’s Marion Miley’s father?” he asked.

“On his way to Lexington,” the patrol chief replied. He
explained that big, popular Frank Miley, formerly golf pro

Fo aie
,

24

A DETECTIVE JOE HOSKINS points to bed across which.

Mrs. Elsa Miley fell after being shot. She later tried a tele-

.phone which was on the glass table, only to find wires cut. °

ROBERT ANDERSON (left in photo at right) was indignant >

when handcuffed and arrested by a detective for alleged
complicity in the case. “A frameup,” he called it.

MRS. ELSA MILEY—fatally wounded, she yet summoned
enough courage and strength to stagger out into the night in
search of help. She gasped out first story of the crime. V

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‘ool of blood on the floor where Miss Miley died is examined by J..W..McCord, Chief of
he Fayette County Patrol, and Detective Hoskins. The golf star ran to her mother’s
escue when bandits were forcing Mrs. Miley to tell where she kept club dance receipts.

ood, drinks, and supplies to the club
uring the past three years, so that their
rivers might be examined. °

Detectives Joe Hoskins and John Sellers
ere detailed to go over the criminal files
f petty and grand larcenies committed
| Lexington and the vicinity within the
ast ten years. Price was particularly
‘terested in the technique involved in the
‘mes,

ATE Sunday afternoon the second clue
to the murderers’. identity was un-
rthed when Hugh Cramer, 17-year-old
‘ws carrier for the Lexington Herald,
ld Chief Price that at 3:40 Sunday
orning he had seen a car which he knew
d not belong to either Marion Miley or
r mother, parked in front of the door-
ty to the clubhouse. The sedan, he
ought, was a blue 1940 Buick.
Immediately County Patrol Chief J. W.
cCord issued orders to all state troopers
troling Kentucky highways to be on the
kout for the sedan. Its description
s relayed by teletype and short wave
lio to all police authorities in surround-
: States. On the theory that the killers
ght not have made an immediate get-
ay, patrolmen in Lexington, Louisville,
wling Green, Paducah and Frankfort
te asked to check with attendants at
‘ages, service stations and gas stations.
sunday night grief-stricken Fred Miley
urned to Lexington. Composing him-
' with great effort, he went over the de-
s of the brutal attack with Chief
ce and Ernest Thompson, but could
tno clue as to the killers’ identity.
(wenty-four hours had passed, and lit-
progress had been made when, early
nday morning, Austin Price received
eletype report from the Chatanooga
ce department advising him to be on

the lookout for Forest Turner and Slim
Scarborough, who had escaped from 4
road gang at Dallas, Ga., on August 20.
Price’s interest in the fugitives increased
as he read further. Turner and Scar-
borough were wanted for a series of thefts
and robberies in Florida, Georgia and Ten-
nessee. They were rumored to be heading
north in a 1940 green Buick sedan. Tur.
ner, said to enjoy a game of golf and
dancing, was thought to have a cousin
residing in Lexington. The men were
armed with a .38 revolver and a .32 rifle.
Turner was described as being five feet,
11% inches tall, with light brown hair and
blue eyes. Scarborough was five feet,
nine, had light hair turning grey, and
grey eyes,

Chief Price was struck by the similarity
in facts known’ about the Miley killers
and. the escaped Georgia convicts, espe-
cially since Turner was armed with a 32
rifle and five .32 shells had been found
in the murder apartment. Too, it was
entirely possible that young Cramer had
been mistaken about the color of the se-
dan in the early morning light. ‘The chief
issued orders for all Lexington patrolmen
to keep on the lookout for the two men
fleeing from Georgia. Here, he figured,
might be a lead which would bring an
early solution of the case.

Delivery men rounded up by Detective
Harrigan’s squad began arriving at head-
quarters, and throughout the afternoon
they were questioned by Price and Sher-
iff Thompson. After the last had been
released, Price turned to his subordinate.

“Any more coming, Harrigan? What
we've learned so far isn’t worth a thing.”

The detective scanned the list. “Hmm,
Couple here didn’t show up. I'll see that
they’re brought in, Chief,”

. “You check on them yourself,” Price

$e ene

ee

ordered wearily. “Our best lead in still
those two Georgia cons. ‘lhey’re the ones
Id really like to talk to.”

Toward noon on Tuesday, Price and
Thompson had returned from Marion
Miley’s funeral and were discussing the
case with Detectives Hoskins and Sellers
when Harrigan reported back.

“What luck?” Price asked,

“Not much, 1 saw three men—nothing
doing. There’s just one left to see, fellow
named Penney who drove a beer truck on
deliveries to the club two years ago. He’s
left town. His wife says he went to the
oil fields around Corpus Christi to look
for a job.”

At the mention of the name Penney,
Hoskins looked up.

“Is that Tom Penney,
Street?”

“Yes,” Harrigan replied.

“Chief, that’s one of the men we want
to talk to you about,” said Hoskins, “Ac-
cording to our files, this man was arrested
for pulling a stickup about 10 years ago.
He held up a store on the corner of
North Limestone Street and Carlisle Ave-
nue on September 6, 1931. Two clerks,
Steve Braden and Garret Davis, were shot
and wounded, The reason I pulled it out:
of the files was. that although Braden
promptly turned over the cash, Penney
got nervous and began shooting. Seems
Mrs. Miley was shot for the same reason,”

Price rubbed his glasses speculatively.

“Yes, there is a similarity in action,
just as there is a similarity in appearance
between the description of the killers and
those two Georgia convicts we’re hunting.
Add Penney to our list of suspects, Send
out a general alarm for him, and get in
touch with all city and county authorities
in the Oklahoma and Texas oil fields.”

(NCE again the teletype in Lexington
headquarters hummed busily. Har-
rigan watched the yellow paper ribboning
through the machine as the operator typed
off the “wanted for questioning” notice,
containing Penney’s description,

Several hours later Mrs. Elsa Ego Miley
died at St. Joseph’s Hospital. Now there
was no longer any chance that the police
might receive more accurate descriptions
of the two masked robbers.

Because Chief Price was forced to be
vague in describing the suspects, head-
quarters was literally deluged with false
reports that poured in continually over
the teletype. It appeared as if news of
every arrest for vagraycy in states
throughout the union was. wired into Le':-
ington headquarters.

Late Tuesday evening a rumor brought
the name of Tom Lunsford, a sheet metal
worker, into the case. Immediately Pa-
trol Chief J. W. McCord, after ascertain-

s
of Georgetown

. ing Lunsford’s address, 128 Georgetown’

Street, questioned the young man at his
home. What he learned there prompted
Chief Austin Price to request Texas and
Oklahoma authorities to assign special de-
tectives to search for Tom Penney,

“About a week ago I was having a glass
of beer in Ruby Thompson’s place,” Luns-
ford said, “when Penney stepped in. After
chewing the fat a while he asked me how
I'd like to make a piece of money, He
said he thought that we could make a
thousand dollars at the country club on
Paris Pike. Of course I turned him down
right away, and he asked me to forget
it. I didn’t know whether to Yreport it
to the police or not—it does look sus-:
picious, but I’ve known Tom a long time
—he used to live right across the street
from me, and I can’t believe that he'd
do a thing like that.”

Later that evening authorities learned
from Bud Tomlinson, an attendant at a
local filling station, that Penney had ap-
proached him a week previously and asked .
for the loan of a gun.

The case took still another turn Thurs-
day when J. A. Watson, a 70-year-old
farmer living on the Paris road south

of the country club, told Price that he
had heard six shots, followed by a pierc-
ing scream, early Sunday morning. He
had been sleeping, he related, when he
heard three shots in rapid successio1

There was a pause, aecags of a minut

or two; then three more shots were fire

_ He had glanced at his clock and seen tha

the time was just 3:30,

Price and Thompson faced each other
across the former’s desk after Watson had
left. The old man’s story had added still
other contradictory details to an already
complicated case. The electric clock on
Mrs. Miley’s dresser had stopped, pre-
sumably when the light switch was thrown,
at 2:19.

“As far as the six shots are concerned,”
Thompson said, “it’s possible that one
Shell jammed in the murder gun; that
would account for the fact that Watson
heard six reports, while we discovered
only five shells. Now, as far as the dis-
crepancy in time is concerned—”

A short conversation with the daughter
of the aged man cleared up the point
completely. Although Daylight Saving
time had ended at 1 a. m. Sunday, Watson
had not set his clock back until the morn-
ing. At the time the murders were com-
mitted, his clock was an hour faster than
the one on the Miley dresser.

“There’s just one other point that puz-
zles me,” Price said, rising. -“It seems
mighty strange that though the old man
clearly heard six shots, Raymond Baxter,
watering the greens near the clubhouse,
didn’t hear anything.”

(Continued on page 40)

Prowess on the golf course had made Marion
Miley one of the nation’s leading players.


At Fort Worth, Texas, Penney signs a confession in the office of Police Chief Karl

,Howard. Left to right:

Sheriff Ernest Thompson, Lexington; Howard; Police Chief

A. B. Price, Lexington; Penney, and Frank Gravitt, Lexington fingerprint expert.

“their first question was, ‘Where’s the
money?’ There’s no doubt it was care-
fully planned by someone who knew the
layout well, but I doubt if they were pro-
fessionals.”

Lexington patrolmen had done a job
rounding up those who had been at the
dance the previous evening. By 10 o’clock
Sunday morning, over a hundred men and
women were congregated in a large room
at headquarters. Chief Price addressed
them.

“I know that you've all had little sleep;

I know you’re upset over what happened

at the club early this morning, but you'll

have to bear with us for a while. The
more cooperation we get from you, the
sooner you'll be out of here.”

For the next hour, Chief Price, assisted
by Sheriff Thompson and Hoskins and
Harrigan, prodded the memories of each
man and woman with a constant barrage
of questions. 4

The answers indicated that the killers
had not secreted themselves in the club-
house before the close of the dance. In-
stead, it appeared likely that they had
broken into, the clubhouse through the
front window.

Subsequent questioning of the club’s
employes failed to shed any light on the
identity of the two killers. Cashier Gran-
ville De Roose said that he had left the
club shortly after one o’clock, after plac-
ing the $60 in guest fees in his desk
drawer; Raymond Baxter, grounds keeper

Two important witnesses against the Miley
slayers were Bud Tomlinson (left) and
Thomas Lunsford, who aided in the case.

for the country club, told Chief Price that
although he had been out watering the
greens in the vicinity of the clubhouse at
half past two that morning, he had seen
nothing suspicious. He had seen a flash
of light in the Miley apartment, but had
thought nothing of it. No, he hadn’t heard
the sounds of shots.

As news of Marion Miley’s death
spread, the outraged citizenry of Lexing-
ton besieged headquarters with offers of
contributions to a general fund for the
apprehension of the star athlete’s slayers.
The board of governors of the Lexington
Country Club was first in offering a re-
ward of $1000; Governor Keen Johnson
promptly wired from the state capitol at
Frankfort that he’d match it. By mid-
afternoon contributions had swelled the
fund to $2,277.

Guy Maupin reported that he had be-
tween 12 and 15 sets of palm prints,
fingerprints, and other fragments, The
difficult task of comparing them with
those of the victims’ and those of present
and past employes of the club, would take
several days.

Price and Thompson arranged reluc-
tantly for reward posters to be printed
and distributed throughout the southeast,
for only a vague description of the two
suspects could be given.

Still confident that the robbery murder
was the work of men well acquainted with
the Lexington Country Club, Price and
Thompson once again went to Marshall
Cobb for assistance. He was asked this
time to go over all his bills and procure a
list of every wholesaler who had supplied


Ego Miley, at the Lexington, Ky, Country Club, gave Blue Grass officials a difficult: probl oot i

cme mre: + : + at tee ttt ents


ee a aa an TT

TEEING OFF ON A CLOUDED COURSE, INVESTIGATORS ANGLE
THEIR SHOTS TO DRIVE A GOLF STAR’S SLAYERS INTO A TRAP

Giles nodded. “She tried to tell me.
But I don't think she knew herself ex-
actly what happened. Noises in the
hallway outside her door woke her up;
she had jumped out of bed and was
going to investigate when two men burst
into her room. They demanded money,
and before she could show them where
the sacks containing the receipts were,
one of them struck her across the face,
and she fell. Then she must have in-
dicated to them where the money was
hidden. While they were getting it, she
tried to crawl over to the bed. That’s
when they shot her.”

“Did she‘remember anything after that?
When was her daughter shot?”

“I don’t know. From the confused story
she told I suppose Marion might have
been first to hear the men breaking in,
might have been killed as she tried to
prevent the men from entering her moth-
er’s room. Or she might have been awak-
ened by the shooting in Mrs. Miley’s
room, rushed in, and been shot then. Mrs.
Miley told me she collapsed on the bed
and remained unconscious for some time
before she awakened and made her way
to the sanitarium.”

Cobb told Chief Price that there had
been $150 in the two money bags that
Mrs. Miley had given her.assailants, He
was certain of the sum, for he had counted
the bar receipts himself at 1 o'clock, after
the customary Saturday night dance was
over, and had given the money to Mrs,
Miley. There should have been, he sur-
mised, an additional $60 in guest fees in
the cashier’s desk drawer. A quick check
showed that the money was still there.

Cobb was asked to get up a list of every
employe of the club, and as far as pos-
sible, to ascertain the names of those
members who had attended the dance the
previous evening,

“Get right to work on it, and hand it
over to Doyle when you’re finished. I
want to talk to every one of them as
soon as possible. Another thing, do you
know where the girl’s. father can’ be
reached?”

Cobb nodded. “Fred’s the pro at the

Maketewah Club in Cincinnati.”

“All right. Please get in touch with
him. I suggest you don’t tell him over
the phone what’s happened. Simply say
it’s important that he return home im-
mediately.”

Upstairs, Detectives Joe Hoskins and
John Sellers had probed two slugs out of
the mattress in Mrs. Miley’s bedroom.
Both appeared to be .32’s, Another slug,
apparently of the same calibre, had been
found on the bedroom floor, The tele-
phone had been ripped from the wall. On
the dressing table stood an electric clock.
The hands, the officers noted, had stopped
at exactly 2:19. :

“That establishes the time the killers
entered the clubhouse,” Thompson com-
mented to Price. “My men had to throw
the switches on when we arrived—the
killers must have cut them off.”

Further examination revealed another
slug, five shells and two brownish buttons,
which, the officers deduced, probably had
been torn off the coat of one of the in-
truders in his struggle with the girl.

Marshall Cobb’s list, completed, was
immediately handed over to several patrol-
men, who were ordered to copy the names,
divide up the list and see to it that all
persons reported. to headquarters imme-
diately.

Further search of the Country Club
revealed that all locks were intact. A
fresh mark, however, apparently made by

a chisel, was found at the edge of a screen
on one of the front windows,

Meanwhile, Superintendent Guy Mau-
pin and Frank Gravitt carefully dusted
door knobs and other objects in the Miley
apartment,

ETECTIVE CAPTAIN HARRIGAN

and Patrol Chief McCord, having re-
turned from the hospital, related the
story Mrs. Miley had told them to Chief
Price. The latter nodded impatiently
while the two officers went over the de-
tails preceding the murder.

“Naturally,” Harrigan concluded, “she
couldn’t get a good look at the men in
the dark, but she says one, the man who
demanded the money, was about six feet
tall and dressed in a light grey suit and
soft hat; the other was smaller, darker,
and stocky.”

En route to headquarters, Price and
McCord discussed the puzzling aspects of
the case. The motive, Price opined, had
been robbery, with all the earmarks of an
inside job. The killers apparéntly had

_ been familiar not only with the layout of

the clubhouse, but with the routine as well,
Sheriff Thompson agreed. “After all,

A party at a Lexington hotel was described by Penney
in his original confession.
the night club operator planned the robbery of the
country club. Later, he added more complete details.

Here, he said, he and

Detective Joe Hoskins, of the Lexington police force,
snapped cuffs on the hot spot proprietor after Tom
Penney “sang.” With a look of outraged innocence,
this man termed Penney’s “serenade” sour music.


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DOUBLE MURDER
ON THE GREEN

(Continued from page 61)

‘Tom Penney is ready to tell us the
whole story.”’

The local district attorney, the Fort
Worth police chief, the Kentucky officers
and an offical stenographer were
squeezed into the office where Penney
made his statement:

‘I’m guilty of the crime,’’ he said,
‘and the man whose car | was driving
when I was arrested was my partner. |
have known Robert Anderson for about
seven years. He runs the Cat and Fiddle
nightclub in Louisville.”’

Penney went on to describe in detail
what he and Anderson had done the
Saturday afternoon before they drove to
Lexington. He told how he and Anderson
had been friends since both of them had
served time in the State prison at La
Grange. Then, he said: ‘‘I suggested pul-
ling the job, because I used to deliver
beer there and I knew there was a lot
of money in the place.”’

Through it all, Penney said nothing
about Skeeter Baxter’s involvement. In

a later statement, however, Baxter was
fully implicated as the mastermind of the
whole operation. ;

Before it was over, Penney confessed
to everything. He even described how
Marion Miley had been such a hard
fighter, how she’d bitten Anderson’s leg
so badly he'd had to go to a doctor the
next day.

‘‘We were disappointed in the money
we found,”’ he said finally. ‘‘We expected
from three to ten grand, at least, maybe
more.””

Within an hour after Penney finished
his statement, Lexington policemen
arrested Robert Anderson. He loudly
protested his innocence. Penney was a
rat for getting him into a jam like this,
he said. He’d always been good to
him...He wanted a lawyer!

In reply to questions about the wound
on his leg, Anderson said: ‘‘I threw a
prostitute out of my joint one night and
she bit me.”’

The police laughed, and picked up Bax-

(continued on next page)

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ter. He also declared his innocence.
Then, on October 17th, Penney opened
up again. He’d previously said they'd
thrown the murder guns in the river. He
didn’t remember where. Now, however,
he said they’d buried them in an amuse-
ment park in Louisville.

Detectives found them, and verified
that they were the weapons used to kill
Marion Miley and her mother.

Baxter could no longer cling to his plea
of innocence. He admitted casing the job
for weeks in advance.

Commonwealth Attorney James Park
condemned him: ‘‘Skeeter Baxter's
crime is greater,”’ he said, ‘‘if that is pos-
sible, for he betrayed the faith and
generosity of Mrs. Miley, who he openly

admits, was his best friend next to his
own mother.”’

Anderson was the first to go to trial.
On December 12th, the jury came back
with the death verdict, the chair. After
hearing further testimony of Baxter's
involvement in the crime from Penney,
the jury came in after two hours and nine
minutes. Baxter, too, earned himself the
death penalty. By talking, Penney had
hoped to avoid the chair. But on
December 19th, it was decreed that he
too would die in the electric chair.

Probably one of the most ironic state-
ments in the annals of criminal history
came out of Penney’s mouth just before
his execution: **] have never believed in
capital punishment,” he said gravely. x

A CARVING KNIFE AND A .22
ai MESSY WAY TO DIE

(Continued from page £3)’

agent Burt Frye was working ona hunch.

Practically the entire town turned out
Tuesday afternoon for the double
funeral. The last shovel of dirt hadn't
been tossed on the grave before the com-
munity was buzzing with a theory of its
own. Mainly because they had no other
leads to follow, agents listened.

Those Morgan boys had to be
involved, the whispers spread. They
showed no emotion during the funeral or
before. Steven went to the hospital but
did not see his mother. Michael didn’t
even go to the hospital. The two brothers
hadn’t been particularly close since
Michael married and left home. Now
what were they doing out together at such
an hour?

Michael wasn’t stable, the rumors per-
sisted. He and Hollis were divorced for
a short time and then remarried. They
frequented the Atlanta hippie district.
These rumors were just building to a pos-
sible motive when they reached Wilma
Morgan’s grieving parents. Didn’t these
so-called friends have any sensitivity or
reasoning left, they cried! Michael and
Steven were in a state of shock after dis-
covering their parents’ bodies in such
condition. Steven, the youngest, had
gone to the hospital but like the others
wasn’t allowed in the room where doctors
fought to save his mother. Michael

before the movie; therefore the late show
and late hour returning.

Michael had tried to set an example
for his younger brother at the funeral,
and Steven had resolved to act like a man.
Mr. and Mrs. Foster Wofford thought
their grandsons were very composed con-
sidering the strain they had endured. The
grandparents’ genuine anguish at such
rumors halted them.

New rumors spread over the small
town nearly every day, but the officers
remained silent. ‘‘We’re checking finger-
prints,’’ or ‘‘We’re following a new
lead,” or ‘‘We’ll keep looking until we
find something,’’ were the only com-
ments newsmen and citizens could get.
Days passed, but the excitement refused
to subside as is usually the case.

The tension broke suddenly nearly
three weeks later. On Friday morning,
May 19, an Atlanta radio newscaster
reported Atlanta officers had accom-
panied state agents who arrested two men
in connection with the Cumming mur-
ders. Robert Shaw, 24, of Atlanta, and
Robert Howard, 25, of Decatur were
being held in the Canton jail. Officers
confirmed they were held in connection
with the Morgan murders but declined
further comment.

No one in Cumming had heard of
either. What were their motives? Were

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‘Identification Superintendent Maupin (I.) and Lieu-
tenant Hoskins dust the door of the bedroom where
the double killing was committed for fingerprints

week end business and the dance Saturday night,” the
finger man continued. “It might even go as high as twelve
or fourteen Gs. It’ll be the softest touch you ever made.”

The two burglars, both experienced men in their trade,
examined the entire deal from every angle, and they were
forced to agree it was as pretty a job as any they'd ever
seen. Try as they might, neither crook could find anything
wrong with it.

So then came the big night, Saturday, September 27th. It
was a little after two o’clock on Sunday morning when the
two who were going to pull the job drove into the parking
lot near the back of the clubhouse. As the inside man had
told them, there were only two other cars there. They be-

_ longed to the two women who lived upstairs, the building’s

only occupants at this time. Mrs. Elsa Miley, the club’s man-

’ ager, and her daughter, Marion Miley. Marion, as one of the

men had commented in earlier discussions, was “a real
cute chick.” .
But his two partners had reminded him sternly to forget

that—“all we’re goin’ after is the money.”

Taking their time after they had parked their car, they
made their way to the back door. The key with which they
had been provided unlocked it. They opened it, being care-
ful to make no noise, because they didn’t want either of
the women to wake up before they’d disconnected the elec-
tricity and cut the telephone line. They went in.

Using flashlights, they made their way to the fuse box.
It was a mere second’s work to pull the master switch.

_Now for the phone line. Over to the other side of the

basement. There it was. The man with the pliers in his hip
pocket had a little trouble getting them out of the pocket.

“What the hell are you waitin’ for?” his partner growled
impatiently. 4

“Take it easy,” the man said. “They slipped down in my
pocket. I got ’em now.”

In the next instant the sharp blades of the electrician’s
pliers cut cleanly through the telephone wire.

Now they were ready for the payoff part of the job. No
longer taking any pains to be quiet, they simply made their
way upstairs to the woman manager’s apartment. When
they got to the door, they found it was locked. They were
prepared for this.

With a sashweight, one of the burglars smashed a hole
in the door’s paneling, reached in, and unlocked it from the
inside. He turned the knob, opened the door, and they
both stepped inside the apartment where all that beautiful
money was just waiting to be picked up.

Marion’s courage on the links helped her win the Western Open
three years running. She showed same courage when her home
was being robbed, but she lost most important contest of her life

But from that point on, to paraphrase Robert Burns, the
best-laid plans of the veteran burglars fell apart like a
two-dollar watch dropped on a rock. In-seconds, their soft-
touch burglary turned into a roaring fiasco.

Before they could even pause to wonder what went
wrong, a woman screamed and vaulted out of bed. The
man in the lead caught only the merest glimpse of her
nightgown-clad form in the moonlight shafting through the
windows before she threw herself on him with a fury that
took him completely by surprise.

In the next second, another woman—this one a lithe young
tigress in shimmering nylon pajamas—burst through the
door of the adjoining bedroom and sprang at the second
intruder. Now the still darkness of the rolling Kentucky.
countryside was shattered by the shrill cries of the women,
the angry curses of the would-be burglars, and the crash-
ing of furniture knocked over by the struggling tangle of
humanity.

Suddenly, from where the pair nearest the broken. door
were battling, three shots rang out in quick succession.

As if that was a cue for the other burglar, he unlimbered
an automatic and two more shots rang out. Their echoes
had scarcely died when they were followed by a dull
thunk as a body hit the floor.

“Goddam! That dame was chewing a hunk out of my leg!”
an angry male voice muttered.

“Never mind that!” his companion gasped. “Let’s find
the dough and get the hell outa here—fast!”

A flashlight beam pierced the darkness as its holder
pulled open drawers. “I’ve got it,” he said, holding up a
canvas bank money bag tied at the top.

His partner took it from him and hefted it. “Hell,” he ex-
claimed, “it doesn’t look like much. Maybe there’s another
one. ;

After about five more minutes. of a renewed feverish
search, during which they pulled out every drawer in the
place and scattered the contents unceremoniously on the
floor, the pair of burglars made a hasty exit. As they fled,
they saw in their flashlights’ beams that one of the women
—the younger one in pajamas—lay still as death, From
the other woman came the sound of torturous breathing.

They ran down the stairs and out to their car in the
parking lot. As they pulled away, they noted the time—
2:25. It was still a few hours short of dawn, long before
rata Sunday golfers would begin appearing at the country
club...

At ten minutes before five that same morning—two

Y
/ \


>

_ TD DOUBLE-LENGTH FEATURE

ee

by LARRY FARRAR

What started out as a soft-touch heist turned into a tragic
fiasco when a couple of “defenseless” women fought like
tigresses. In the wild melee that followed, a beautiful young
women’s golf champion was gunned to death, and her mother
was left for dead. Kentucky officials vowed they would
never rest until their slayers were brought to justice .. .

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house and

only pers |

women.
“You'll

two broads

“Even if tk

be scared ti |

It never

question tk |

women do? |

Scream.

’em_ screan |

earshot to I
They all
inside man
an had a
to blow in
pens I kno
to hear the
ain’t going
night,” he a
“There'll

to ten gra:

Marion Mile
Women’s W:
ship a few s
brutally an:


F EVER a couple of burglars had a
beautiful thing going for them,
this was it. The Lexington Coun-
try Club, in Lexington, Kentucky,
was sitting there waiting to be

pounced upon like a fat robin at the
mercy of a hungry cat.

And the way the job was set up,
it would be no more complicated than
pouring water through a funnel.
They knew what they were after, and
the way had been made easy for
them.

Their inside man had set it up, and
each of the two men who were to go
‘on the job knew his part by heart.
On one pretext or another, they had
taken turns during the past few days
in going to the club and hia ig Hora
approximate route. they would have
to traverse the night they actually
did their thing.

They’d hit the place around two in

the morning. They’d get into the
building through the back door, for
which a key had been provided. Once
inside, they would go to the base-
_ment, where they’d head for the fuse
box and pull the master switch. That
way, there’d be no danger that any-
one could get to a light switch, flick
it on, and get a look at their faces.

After killing the electricity, they
would go to the opposite corner of
the basement, where the main tele-
phone trunk line came into the build-
ing. With a pair of diagonal side-
cutting pliers, one of the burglars
would cut the phone line.

No one would be making any emer-
gency phone calls from the Lexington
Country Club that night.

Once the electric switch had been
pulled and the phone line cut, they
would go back upstairs to the ground
floor again. The plan was to go to the
kitchen, near which was the back
‘stairs to the upper floor of the club-
house and the living quarters of the
only persons in the house—two
women.
aos “You'll have no trouble with the
two broads,” the inside man had said.
“Even if they should wake up, they’ll

be scared to death.”
It never occurred to any of them to
question that. What could a couple of
| women do?
Scream. That was the worst. So let
_’em scream. Who was there within
a; earshot to hear them? Nobody.

They all had a good laugh when the
inside man told them the older wom-
/ an had a whistle she was supposed +
. to blow in case of trouble. “Just hap- . eee.

*, pens I know the guy who’s supposed oe
to hear the whistle and come running oe
ain’t going to be on the grounds that
night,” he added.

“There'll be anywhere from three
. to ten grand in receipts from the

se

>
: | Marion Miley shows form that won her
Women’s Western Open Golf Champion-
| ship a few short months before she was
brutally and wantonly shot to death


7 en

testify
' | which of his
| the crime was the truth.

Penney said in his! Eddyville

statement and deposi

desired to right as m
wrong he had done

ng
ment at Eddyvill

that it

- heard his limited testimony on this

~ the three former trials and on three
. Separate occasions on this inquiry,

_ fusal to take the stand in his own

through the Kentucky Court
ot Ape Neted

_ “This reservation in regerd to the

“Having heard Tom Penney tes-
tify in person at three trials, An-
derson's, Baxter's and his own, hav-
ing read his deposition, having

hearing and having observed his
demeanor on the stand, both in

I am forced to the conclusion that
his ny on the former trials
was true and that his deposition at
ille was false insofar as it! .
undertook to vindicate A ect 3
In commenting on Anderson's re- |’

defense at his trial, Judge Adams|'
_ “The court {s not sure that the|:

tioner exercised due diligence |:
his own behalf After Penn

recantation.” —_

Judge Adams commen that in
overruling: Anderson's he had
cs considered the evi.

if
iS
g
g
R
'¢
R Fe

af
u
SEE

|
|
R
|

ie
f
F


Pitti Mwisin dint thi tt NS jh Date hii sinh SECA oe ee eee ee ers

Anderson Case
Appeals Cease

LOUISVILLE. Ky. Feb 10°. P—
No further appeals will be made in
benalt -f£ Robert H Anderson. 37.
Lousvilie night club Operator.
chediuied to be electrocuted Feb.
26 for. ‘he sJasing of Marton Miley.
Lexi:.yto:; golf star. Attorney Frank
R Cabs i Jr announced today.

Carl alee announced that his
Co. nec. with the Anderson case
Wa term ated as of today

“A a centerence with the fam-_
liv of Rotert H. Anderson and one
Of tos orginal counsel, Mr Rush
Nichole at was decided by them
"Ot co authorize ary further legal
Proceed: g- in the circumstances of.

be

e-

—o «ee oa

tie Connse: wealth Vs. Anderson,” . A

Cotiti « stutement said
Both Czhill) and Nicholson are
SSVilé attorneys
Harry Arderson, brother of the
fordem: od man said Nicholson |
Sti.) was conrected with the case,
Sik there's nothing else we can

os -—@

_-

aa

1 lan Saal ter 0 Poe el ca gaia yA


SO bse adv sekhe. AY. FeO. 29 Cte
Mm iA charge that Gov. Keen Johnson
Oey refused to receive an application §
N for a pardon and to consider it :
H# withuut prejudgment was made in &
@ petition for a writ of habeas cor-
7 pus filed in federal court here to
my day on behalf of Robert H. Ander-B
$7 ; son, who is scheduled to die early
=; Friday for the slaying of Marion
‘mee | Miley, Lexington golfer.
ee The petition was filed by S. Rush
we pienateon, Louisville, attorney for
4: Anderson. Federal Judge Shackel-&

ies | ford Miller has scheduled a hear-&
Eee | ing on the petition for 10 a. mB
en | Wednesday. ‘
. Anderson was brought to Jeffer-#
son county jail today by Warde
W. Jess Buchanan, of Eddyvill
penitentiary. and a deputy. He was.
pale and in good spirits and said
confidently: “Tell them I am inno-

eent and that 1 hope to prove itR
Wednesday.”

Nichelson contended in his peti
tion that Anderson had been de-a
prived of his rights as guaranteedia
by the state constitution and thei
14th amendment to the United
States Constitution because hei
“was convicted by means of falsek
and perjured testimony. He is inno-&
cent. he has exhausted all means
of correcting the injustice done
him under the statutes and laws of &
Kentucky and such remedies as are B
provided by the state constitution
have proved futile and abortive &
by reason of erroneous construction &
@, and the unconstitutional applica-
m tion of them by officials of the

commonwealth of Kentucky.”

The petition said Nicholson had
approached the governor shortly
f before last cares wi segaest

making an application for @ par-:
\ oe and nie was informed by the|
i governor that “he had made it a
i rule to grant no pardons and that
fa policy of “refusing to consider
or grant applications for pardons '
had been adopted and publicly an-
nounced.” ’ wee
Nicholson contended that th-
governor is “refusing to perform |
his duty” under the state consti-
tution “by declining to permit
Anderson to make application for
a pardon, and “to cansider without
prejudgment such plication.

Anderson, who will enter court
as a pauper, is scheduled t die

IY SOA :

‘

fe a Aa MALL

~~ Aaah »

?

w

with four other men at the | state
penitentiary at Eddyville 8 Per
morning He arrived in Lou

ir. custody of state ison :

eee ee a eee

yh

\

_——

-|condemned man yesterday after-

mates om

ZS

VL

‘jesse by Judge Chester D. Adams

‘| ported. ‘

New Trial For -
Anderson Is
Denied By Judge

Condemned Man’s
' Attorney Silent
On Future Plans

Robert H. Anderson was denied
@ new trial in the Miley murder

esterday, as the convicted slayer’s
to a close in Fayette

A
ing to the Kentucky Court of Ap-

was granted at the same time,
t late last night Frank R. Cahill
Jr., Anderson's chief counsel, had
not announced whether he would:
act to have the cese taken before
the highest court in the state.
“I can make no indication of
future plans until I've talked to
Anderson and members of his fam-—
ily.” he said. ° ft
ersen Still Here
. Anderson remained
in Fayette coun ail awaiting his
return to death w at Eddyville
state penitentiary, where he, Tom
Penney and Raymond (Skeeter)
Baxter are scheduled to die Feb. 26
for the Lexington Country Club
slayings.
» Cehill and other members of An-
derson's counsel did not visit the

Meanwh

noon, Jailer Ernest Thompson re-

An order calling for the return
of Anderson to Eddyville was en-
tered in court yesterday, but no in-
Gication was made as to when:
Warden W. Jesse Buchanan would
come for the prisoner.

: Ne Free Transcript

Groundwork for an appeal
‘Jatd in orders entered y
- afternoon, granting Cahill permis-
‘sion to use the original record of
| (Continued en Pege 12, Coleman @°

Buford Stewart,
_ _| bartender now dead, as the “third

| with eese, giving him black eyes,

man” jn the case.
_ Opinion Clears Stewart
In a 16€-page opinion handed

tl down with his order denying the

was weakened and shrunken, the
movement of his left arm Lmited,
and his left leg ed Ump
when he walked... . girl wi
whom he lived threw him around

and treated him very much as Mag-
gie does Jiggs, and he could not
help himself

. } :
~ RS
srr tang


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56 : let

side. He admitted being on guard when
Homer Cramer brotight the morning paper,
aud placed the time:of the murders at just

| a few minutes after the visit-of the news-

paper carrier.

One thing was still strongly lacking.
Sheriff Thompson had searched steadily
for the missing weapons at the spot where
Penny claimed to have thrown them into
the river, and Louisville officers had given
their assistance. But they simply weren't
there. Once more Penny was questioned.
Finally he accompanied officers to Louis-
ville and showed where he had buried the

weapons in an amusement park. After a

few minutes’ digging, the officers uncovered
a 32 and a .380 automatic pistol, wrapped
in the cloth sack which had held most of
the money taken from Elsa Miley.

One of these guns, identified as one
Anderson had purchased from a Louisville
Negro, was found to match the empty shell
which was found in his car at Fort Worth.

Tradition-filled old Kentucky has no
use for a man who will harm a woman.
And the concentrated wrath of the entire
state spoke out when the three accused
men came to trial.

On December 12, 1941, Anderson, still
denying any guilt, was found guilty and
sentenced to the electric chair.

On December 16, Raymond Baxter, al-
though he repudiated his confession and
claimed it had been forced out of him, was
found guilty and likewise sentenced to the
chair.

And on December 30, Tom Penny, who
had testified for the State against the first
two defendants, was also doomed to the
chair.

Unless a higher court reverses the find-
ings, Kentucky. has» indeed avenged the
merciless slaying of its “first lady” golfer
and her courageous mother.

lrish Governess

(Continued from page 35)

him quiet we promised to call for the.

clothes in half an hour. But we never

did.”
Twenty minutes later Captain Gallag-

her’s phone rang and Daly’s voice came

over the wires “Hello, captain. I’m in
a speak down on Boerum Avenue. I’m
tailing a guy named McClafferty who's
the assistant superintendent over at the
Sanford Arms. I was afraid I might
lose him if I stopped to search his rooms.
He’s expected.here any minute.”

“Good work,” said Gallagher. “Stick
with it. And here’s something to help
you—we’ve made the identification. The
victim is Robina Lyttle of Little Neck,
a governess. And while you’re waiting
for this fellow, I'll run over to the San-
ford Arms and have a look at his rooms.”

Back at the apartment building, Captain
Gallagher and a patrolman found Kelly,
who readily led them to McClafferty’s
two-room suite. Entering with Kelly's
passkey, they found the rooms in good
order. The carpet had been swept in the
living room, and the sofa was spotless. In
the bedroom, the bed had been neatly
made and a clean scarf covered the bu-
reau.

“This fellow’s a bachelor, is he?” asked
the captain.

“Yes,” replied Kelly, “a widower.”

“Seems almost too neat.”

Opening the clothes closet door in the
bedroom, Captain Gallagher swung the
beam of his flashlight ‘over the floor.
Suddenly the beam stood still as the
captain trained it on two large dark
stains. Bending over, he examined the

seemed possible.

splotches, rubbing them with his fingers,

“Blood!” he declared. “I’m sure of it.
It’s been dry too long to be of much use,
but it means we're on the right track!”

At this very moment, four blocks away,
in the Boerum Avenue speakeasy located
above a grotery store, an ancient radio
was blaring out a 1926 hit tune. Detec-
tive Daly sat on a shabby wicker settee,
holding’ a gin rickey for effect and keep-
ing his eyes on the front door.

There was a knock at the door, and the
speakeasy proprietor, going to answer it,
remarked to Daly: “This may be Mc-
Clafferty now. He said he was comin’
back.” .

As Daly watched, the proprietor opened
the door a crack, released the chain and
admitted the customer—a short, graying
little man with a full black mustache,
clad in a nondescript sweater and baggy
trousers. On his head he wore a cap,
shoved far back. Although bloodshot, the
little man’s black eyes still were piercing.
He shot the detective a bleak look as he
walked past, a little unsteadily, to the
kitchen where the drinks were served.
Following behind him, the proprietor
turned to Daly and winked.

The detective for a moment was taken
aback. This meek, mild-looking little
man a suspect in a murder case? It hardly

Out in the kitchen, Daly showed his
badge to the man in the cap and sweater,
asking: “Are you Patrick McClafferty ?”

“Shure, an’ what's it to ya?” answered
the newcomer, speaking in a distinct
brogue.

“I want to ask you a few questions.
You'll have to come with me to the sta-
tion. You'd better come quietly.”

Gulping down a shot of whiskey, the
little man complied, muttering sourly
under his breath.

Al THE FLUSHING stationhouse, Mc-
Clafferty sat in the~ detective room,
facing Captain Gallagher and flanked by
Detective Daly. .

“You knew Robina Lyttle?” asked Gal-
lagher.

The suspect hesitated.

“We know you did,” bluffed the captain.
“We found pictures of her in your room.”

“Yes, I did know her,” admitted McClaf-
ferty. “But I don’t know—so help me God
—who killed her!” ;

“So you know she’s dead?”

“Yes, I read the papers right in my
room this afternoon.”

“How long had you known her?” asked
the captain.

“About a month,” replied McClafferty,
almost a pitiable figure as he sat, head
bowed, under the bright lights. “I met her
one night on the platform of the 111th
Street station of the Corona elevated. She
was going home from work.

“She was a beautiful creature—with her

“raven hair and flashing eyes. She reminded

me of my poor dead wife. I invited her to
go and have a drink with me.”

“Go on.”

“Now, I’m a lonely man. The wife I
married in Ireland 24 years ago died last
year in Brooklyn. Robina Lyttle helped
me to forget my sorrow. We used to meet
two or three times a week.”

“When did you see her last?” inter-
rupted Gallagher. .

“Well,” said McClaffery, counting clum-
sily on his fingers, “it was ten days ago—
a week ago last Thursday. She came to
my place that night, crying like a baby and
told me she’d lost her job——”

“You admit she visited you in your
rooms ?”

“Oh, yes. We used to go to my rooms to
drink. It was cheaper than the speakeasies,
and we could be alone there.”

“And if you saw her a week ago Thurs-

INSIDE DETECTIVE

oe

Patty Berg, one of the world’s best golfers weeps

But at ten o’clock that Sunday
night the wires again began to
hum.

The first call came from the
FBI. and gave the investigating
officers scant hope although it bore
out the amateur theory. The clas-
sification of the bloody fingerprint
was not complete but apparently
it did not coincide with any of
those in the files in Washington.
Could the Lexington police send
a photograph of the print for fur-
ther comparison? This was im-
mediately done. ;

Next came a call from Chief of
Police Roy S. Jones of Shelbyville,
Kentucky. A suspicious blue-green
sedan had been seen in that town
and was being investigated. Chief
Jones was given a description of
Harrison Woods and his cousin and
promised to call back when he had
additional information. It seemed
that the trail was getting hot; that
the murderers of Marian Miley
were coming home to roost.

Finally, the manager of a small
Lexington hotel called to say that

a blood-stained blanket had been’

found in a room occupied by a
young girl. Detectives were imme-
diately dispatched to the place and
soon returned with the girl in cus-
tody. ‘

r[HINKING that the arrest of the

girl was merely an unwelcome
diversion in a difficult case, the
Lexington police booked her under
the assumed name of Mary Stone;
they were loath to involve an in-
nocent person in a murder investi-
gation. However, Mary soon proved
to be a tough nut to crack. As at-
tractive and exotic as a South Sea
Islander, she was just as inscru-
table. She gave her age as twenty-
one and might have been even
younger but aside from that she
refused to talk. She steadfastly

she attends the
denied that she knew anything
about the robbery and murder.
Furthermore, she would not tell
her real name, nor where she. came
from. :
The interrogation continued
throughout the night while the
mysterious Mary Stone evaded the

questions as a skillful fencer par-. -
ries his opponent’s thrusts. It, soon *

became obvious to the detectives
that the seductive looking creature
had something .to hide. But was
it murder?

Finally, she was confronted by
the manager of her hotel.

“Two men visited your room on
Sunday morning,” he said. “Why
don’t you: tell these gentlemen who
they were?” : ’

“I don’t know the men,” the girl
replied. “I never saw them before.”

“Was one of them a convict
named Harrison Woods,” a detec-
tive asked. “And did he have some
scratches on him? Was that where
the blood on the blanket came
from?” . }

“T tell you I never saw the man
before!” the harrassed girl cried.
out angrily. : i

A pathologist who analyzed. the
fluid found on the blanket report-
ed that it was blood, but_of a cer-
tain type only shed by women at*
certain times. Still proud but a bit
bedraggled, “Mary Stone”
cleared of any complicity ‘in
crime. A

The investigation coasted through
Monday and Tuesday on its own
momentum. Many suspects were
picked up and released. As in all
well publicized murder cases tips:
flowed in from many sources, all
of them useless“and many of them
figments of some crank’s imagina-
tion. But..Wednesday came with a
series of events that stirred all the
detectives into immediate and
frenzied action. Fa

was \

Pi

funeral of her murdered chum, Marian Miley.

‘It all started at nine o’clock ‘that
morning when Marian Miley was
committed to her final resting

- place in Calvary Cemetery under
‘the watchful eyes of numerous de-

tectives. Many notables in the golf-
ing world -rubbed shoulders with
grooms and stable boys from the
nearby Bluegrass breeding farms,
for the murdered girl had many
friends. Every person in the little
burial ground was subjected to the
severest scrutiny of the _plain-
clothesmen. If the -killers were
there they failed to excite any sus-

. Picion.

The funeral over, the detectives
returned disconsolately to head-
quarters. They were all assembied
there a few hours later when word
came in that Mrs. Miley had pass-
ed away; she had been in a deep

- coma for two days and seven trans-

fusions had not made up for the

loss of ‘blood caused by three bullet

wounds in her abdomen. The au-
topsy. revealed that she, too, had
been killed by a 32 caliber revol-
ver. What had started out as a
simple robbery was now a double
murder.

It was at this point that Chief
McCord and Chief Price of the
Lexington police met to review the
investigation. Harrison Woods and
his cousin had not been found, but
what actual evidence was there
against either of them? Another
disturbing thought was that two

. sums of money had been found in

Mrs. Miley’s bedroom. Was robbery

actually the motive? Or was there

something deeper, more sinister, in
back of the double murder? Chief
McCord could not afford to over-
look any possible solution; he or-

' dered that every angle be carefully

searched out and studied.

- The sun was about to set when
a spine-tingling call came in from
Chief Jones of Shelbyville. He had

ro

> traced the ownership of the mys-
terious blue-green sedan and was
ready to make an arrest. Major
Joe Burman of the State highway
police immediately set out for the
town, about fifty miles west of
Lexington.

On his arrival there Chief Jones
took Major Burman to a hotel and
entered a second-floor room with
@ pass key. The room was empty,
but thrown carelessly on a chair
was a man’s coat. Two buttons were
missing, evidently having been torn
‘off with considerable violence.
From one of the side pockets fhe
chief removed a long-bladed pocket
knife, and finally, a -white silk
mask!

“Where’s the chap who lives in
this room?” Burman asked.

“Don’t worry about him,” Chief
Jones answered. “He’s in a movie
theatre which won't be out for a
half hour or so; we've got a tail
on him so he can’t get away.”

No other clues were found in

‘ the room, which had previously

been searched by the Shelbyville
police chief. However, the hotel
manager told the officers that two
youths had rented the room on
Sunday. One .was tall and blond,
the other short and thick-set, more
or less answering the descriptions
of the Woods cousins. The names
on the hotel register were doubt-
less aliases.

“At about noontime yesterday,”
the manager continued, “the short-
er of the two checked out. He asked
me to‘recommend a good used car
dealer; he said he wanted to trade
in his car. I told him that there
were several dealers in town but
he said he’d prefer to do business
in Louisville. I told him I didn’t
know anybody there.”

Major Burman put in a call to
the police in Louisville, asking them
to watch the dealers for a blue-
green sedan. This done, the two
detectives went to the movie thea-
tre to await the ending of the
show.

THEY didn’t have to wait long.

At about ten-thirty the ushers
opened the wide double doors and
the audience started to file out.
Suddenly the State official saw a
man in the crowd mop his face
with a’ white handkerchief and
then point to the youth in front
of him. The tail was still stalking
his quarry. The officers closed in
and made the arrest so quietly
that none of the movie-goers knew
that anything unusual had‘ taken
place.

At Shelbyville police headquar-
ters the youth—he was no more
than seventeen—refused to talk,
either to the detectives or to his
fellow prisoners. As stolid as the
Sphinx, he hid behind his mask
of silence for the next two days
and succeeded in foiling the best
’ efforts of the detectives who sought
to break through his reserve. The
only clue to his identity was a
social security ‘card bearing the
*mame of Anthony Carlucci of
Louisville. He certainly was not
Harrison Woods or his cousin but
he was held on an open charge.

But Wednesday wasn’t over yet.
Less than two hours after Carlucci
was taken into custody the Louis-
ville police wired that they had
arrested. his companion, Harry L.
Folsom, also about seventeere He
had traded in the blue-green car.

ANDERSON, BAXTER & PENNY,

EXCLUSIVE

GOLF CLUB
MURDERS

By

ARMAND ZEPOL

HE ghostly light from the
ge harvest moon lay like water on

the flagstoned terrace of the
Country Club at Lexington, Ken-
tucky. A half a dozen couples sat
there, sipping their mint juleps
and listening to the muted saxo-
phones inside the club as they

moaned to the mournful cadences —

of “Intermezzo.”
Gay laughter came floating
through the open windows, too, for

ex KYSP IIlFayette)

tiohal Amateur tournament. Small
wonder, then, that many of the
other girls were envious as they
watched the supple beauty dancing
~plissfully with the most eligible
bachelors in the stag line. No one
could foretell, of course, that Mar-
jan was like the Mayfly that rises
from. the river bed, unfolds its
wings and dances on the surface
of the water to its death.

The joyous party ended as the
first grey streaks of dawn began
to’ spread across the eastern sky.
Reluctantly, the pretty guests don-

ned their ermine and chinchilla
wraps and met their escorts in the
lobby. Mrs. Fred Miley and Marian
were there to speed them on their

way. Soon the club was empty and.

the club manager and her daughter
put out the lights, locked all the
doors and windows, and retired to
their apartment on the second
floor. The party had been eminent-
ly successful and there were many
things to talk about, but they could
wait until later in the day. Right
now, Marian and her mother were
tired; they went to bed.

Not everybody had left the club-
house, however; ‘the Mileys were
not alone. Two men still were
hiding in the house, and these two
men were murderers.

Shortly after four o’clock in the
morning Mrs. Miley was awakened
by an insistent pounding on her
bedroom door. The first thought
that came to her sleep-numbed
brain was that her husband, Fred

had unexpectedly come home, He —

was ‘employed as golf professional
at a club in Cincinnati. Mrs. Miley

DE TE C T IV E

DECEMBER, 1941

‘ .

Cases

opened the door; two men stood
there, two pairs of evil eyes peering
through the masks that hid their
faces. As they pushed. rudely past

her into the room, Mrs. Miley

noticed that both men were armed,
one with a revolver, the other with
a length of iron pipe. |

“We want the money that you
collected at the dance,” the taller
man demanded in a throaty voice.
“Come on, now, where is it?”

“It isn’t here,” the frightened
Mrs. Miley managed to reply. “I
haven’t got it here; it’s down-
stairs!” —

Her mind unable to direct her

actions, walking as though in a
trance, the helpless woman crossed
the room and sat on the edge of
the bed. The short man followed
her, brandishing the piece of pipe.
Suddenly he brought it down sav-
agely on the head of the defense-
less woman.
. “Now maybe you'll tell us where
the money is,” he snarled as she
lay moaning and bleeding on the
floor.

PS 5 5 ER ig ou. OAR es
top shelf ... closet .. .” she man-
aged to mutter through her pain.

The men found the brown paper
bag in the clothes closet, extracted
the money—one hundred and thir-
ty dollars in all—and started to

leave

“Wait a minute,” the man with
the gun told his companion. “I’m
not finished here yet.”

the utmost heartlessness

_"* and brutality he stood over the
prone woman, pointed the gun and
pulled the trigger three times. Each
bullet found its mark in the ab-
domen of the victim, but some-
how she struggled to her feet and
tried to fight off her assailant.
The killer tore himself loose and
joined his confederate in the hall.
Marian Miley heard the shots,
quickly donned a negligee, and
went to her mother’s aid. In the
half light of dawn she saw the
vicious fiend leave the room and
step into the hall. The man never

hesitated for an instant. The gun
came up and spat flame twice. The
first shot drilled through Marian’s
forehead and into her brain. As
she spun, dying instantly as she
.fell, the second shot plowed
through her back.

The killers easily made their get-
away. The Lexington Country Club
is in an isolated spot; there were
no neighbors near to hear the

the harvest moon dance is always - CONTENTS

a happy, carefree party where the THE VILLE, KEN-
a ee ee TUCKYS GOL? CLUB MURDER. - - 4
region sing and dance the night fj ~ By ARMAND ZEPOL
away. In fact, the list of guests at The amazing Marian Miley PD a: fies A famous woman
the country club that night last golfer and her mother meet an untimely death.
September looked like a page torn Hy KILLED THE GIRL I BOUGHT” - -
out of the Social Register; abun- HENRY HARDESTY
dant wealth was represented there | ; as told to ALFRED GALE
and the blood lines of the dancers | Fe A frequenter of ¢ “commits a shocking murder.
were every bit as pure as those of WILD PARTY MURDER IN THE NUDE _ -
the race horses bred in that fash- © By Detective Lieutenant GEORGE J. HILL
ionable section. For Lexington has as told to PHILIP O'BRIEN
always been noted for its aristoc- The truth about the Los poe Hank Hankison murder
racy, ms pretty women and its fa- — Pe A aid Fatt to young athletes is the pitiful tale
mous orses. ot a talien champion.

Of all the beautiful ladies at the ° ' TRAPPING NORTH CAROLINA’S BABY-- -
pwr was happier nor more - KILLING MONSTER ‘By Pap beet K. GIBBONS ea
pa mother acted as noah mpd Some women suffered and some women died at the hands

the swanky country club. Tall and of this inhuman beast.
slender, her shining eyes and ani- / THE CLUE OF THE UNFAITHFUL WIFE. -_ - 20

mated face topped ‘off: by glisten- By HUGH V. HADDOCK
ing locks of coal-black hair, Marian A murder made to look like suicide was the undoing of. an

: unfaithful wife.
Miley was by: far the prettiest wom- JER: id MURDERIN
an in the room. She was only - SNARING NEW ng =

twenty-seven, but for the past nine 8 d 0 balisice case. % iets

The pretty and vivacious golfing
champion was dead, but Mrs. Miley
still clung tenaciously to the spark
of life. With a superhuman forti-
tude that amazed physicians every-
where she courageously crawled
and dragged herself down the
stairs, across the hilly greens and
rolling fairways of the golf course,
and to the front porch of a sani-
tarium more than half a mile away.

“My daughter Marian . .
they’ve killed her . call the
police!” she moaned ‘to the nurse
' who found her.

{
‘

years sports writers and the galler-
ies at the leading golf tournaments
for women have been unanimous
in their praise of both her athletic
prowess and her beauty. For Miss
Miley held the Western Open
Championship, the Southern and
Mississippi titles, and was also run-
ner-up in the last Women’s Na-

Dispatcher J. E. Scull of the Fay-
ette County Police was on duty
when the call came in. He noted
the date, Sunday, September 29,
1941, and sent out a teletype and
radio alarm. Then he’ sped to the
country club, where he was soon
(tues by his superior officer, Thiet

. W. McCord.

the*front door of thé building-was
swinging in the cool early morning
air. The snap lock was in the closed
position indicating that it had been
opened from the ‘inside, possibly
by Mrs. Miley as she left to sum-
mon aid, possibly by the killers.
All the other doors and windows in
the club were firmly bolted.
Proceeding to the second floor
apartment, the officers found the
body of the raven-haired Marian
lying full-length in the corridor.
The girl was clad in silk pajamas
and the negligeee which she had
hastily thrown over her shoulders
before going to the aid of ‘her
mother. Coroner Hervey Kerr said
that the young athlete had been
killed instantly by a 32 caliber bul-
let which had penetrated the brain.
Another slug, which had entered
her back just below the shoulders,
had been fired when the girl was
already dead. No other marks of
violence were found on her body.
Mrs. Miley’s bedroom looked as
though a hurricane had just passed
through. A floor lamp was lying
broken on the rug, chairs were
overturned and the pieces of a
china vase were scattered all about.

It was all too obvious that the ~

fifty-year-old mother had made a
brave but futile effort to fight off
her assailants; her blood was spat-
tered on the bed, the carpet and
even on the walls. That being the
case, the officers reasoned, during
the struggle the killers may have
left some worthwhile clues be-
hind. ...

They had. Amid the wreckage
the officials found two buttons, still
with threads and bits of cloth at-
tached, and which had been torn
from a man’s coat.

More important yet was a bloody
mark of loops and whorls imprinted
firmly and clearly on the wall. It
was the fingerprinted signature of
a careless killer!

While the search for clues went
on inside the club, the patrolman
who was guarding the. front door
was approached by an eighteen-
year-old newspaper carrier who
had been making his rounds when
the attack occurred. The newsboy
told the officer that he had seen
a bluish-green sedan parked in
front of the club at about four
that morning. He said that it was
a brand new car and looked ‘like
a Buick or an Oldsmobile. An ad-
ditional alarm was immediately
broadcast on the strength of this
added information.

WHEN the search at the country
club failed to produce any
further clues, Chief McCord under-
took the unpleasant task of ques-
tioning Mrs. Miley at St. Joseph’s
Hospital, where she had been taken
by the director of the sanitarium.
She was still conscious when the
police chief arrived, having been
given two blood transfusions, but
Dr. Fred Rankin could hold out
no hope for her recovery.
Haltingly, and sometimes inco-
herently, Mrs. Miley related the
events leading up to the tragedy.
“I was still half asleep when
I opened the door,” the mortally
wounded woman said. “They were
standing there—they looked like
young boys to me. One was tall
and blond and had on a grey suit;
the other—the one with the piece

of iron .pipe—he was short and
quite stocky. They both wore white
masks so I couldn’t see their faces.

“The short man hit me on the
head with the pipe and knocked
me down so I told them where the
money was. Then the tall boy shot
me. I. tried to fight with him; I
scratched and clawed and tore his
coat..but then I started to faint.
The next thing I knew I was crawl-
ing out to get help.” !

“Did you recognize either of

these two boys?” Chief McCord
asked. He shot the question rapidly,

for the stricken woman’s eyelids ©

had begun to flutter.

“Wes ...1... think... .”.

Whatever Mrs. Miley tried to say
was left unsaid. Her eyes closed;
a deep sigh and her head fell back
against the pillow. She had passed
into a deep coma from which she
was never to be aroused.

Fred Miley arrived a few minutes
later. Dazed and shécked by the
swift brutality of the crime, he
could add nothing to the little that

‘i

was already known. His wife and»

daughter had no enemies; he was
sure that there was no love angle
in the case and he was equally
convinced that robbery must have
been the motive. ave Zohn

A further search of the country
club premises cast considerable
doubt on the robbery theory, when
a@ large sum of money was found
in the same closet which had con-
tained the dance receipts and
another amount of cash was lo-
cated in a desk.

At a conference attended by
Fayette County officials and also
by Chief Austin B. Price of the
Lexington police, efforts were made
to fit all the known facts into a

convincing pattern. Little by little .

the many segments of the crime
fell into their respective slots and
when the conference was over a
fairly clear picture stood out in
bold relief.

The fact that the club had been
securely locked before the Mileys
went to bed indicated that the kill-
ers had attended the dance and
had, hidden themselves in the
building while the rest of the
guests went home. They had worn
masks to conceal their identities
and had not hesitated to kill to
avoid recognition despite this. pre-
caution. Their presence at the
party and their efforts to disguise
themselves strongly suggested that
at least one: of them was a local
man known to the two women. The
awful thought arose that Marian
may have actually danced with her
vicious slayer earlier in the eve-
ning!

Chief McCord summed up the
police theory of ‘the crime when
he said:

“This crime is the most vicious
and brutal in the history of Ken-
tucky; I doubt that the shooting
of Miss Miley and her mother was
the work of professional robbers;
it was too unnecessary. Robbers
could have taken the money with-
out bloodshed.” j

‘In line with this assumption, the
membership list of the swanky Lex-
ington Country Club was carefully
studied by the investigating officers,
for even social bluebloods have
been known to steal when hounded
by hunger and adversity. Orders
went out from headquarters to in-
vestigate every male guest who had

, Be SE Ae ait fs) %
Beautiful Marian Muley, top-flight lady golfer, was the murder victim

i

of one of the nation’s most cowardly killings.

attended the dance, regardless of
his family connections.

(CHF McCord did not abandon
~ his theory that the murderers
were frightened amateurs who had
killed to forestall recognition. Nev-
ertheless, he did not overlook the
possibility that either of the men
might have a previous criminal
record. The classifications of the
bloodstained fingerprint were sent
to the F.B1I. in Washington and
while awaiting the report McCord
carefully searched his files of
“wanted” men. Soon he came across
& promising lead.

Among the many circulars Chief
McCord found one that immediate-
ly arrested his attention. This flyer
requested the apprehension of
Harrison Woods, 24, a confirmed
robber who had been sentenced to
78 years at the “Little Alcatraz”
prison camp in Dallas, Georgia.
On August 12, the bulletin stated,

-Woods and a murderer serving life

had escaped and had been traced
through a chain of bank and fill-
ing station holdups to a town in
northern Tennessee, near the Ken-
tucky border.

“Woods is a friendly, debonair
crook,” the report continued. “He
likes to wear good clothes and has
a fondness for the easy convivial-
ity of country clubs. His only
known relative is a cousin, Staun-
ton Woods, who lives in Lexington,
Kentucky.”

That might well be the answer to
the puzzle. Staunton Woods was
well known in Lexington; he had
no criminal record. His renegade

cousin may have forced him to
take part in the robbery. Then,
fearing that he might be identified
by the Mileys, he may have be-
come nervous and started shooting.
This possible solution would tie in
very nicely with the theory that
the slayer was an inexperienced
criminal.

It was still early on that Sunday
afternoon when four Lexington de-
tectives closed in on the house
where Staunton Woods had an
apartment. One of the sleuths went
to the front door, found the name-
plate marked “Woods,” and pushed
the button. There was no answer.
The detective then summoned the
building superintendant who said
that the tenant had left for St.
Louis one week before on business.
The police of that city were asked
to check on his whereabouts and
a teletype alarm was sent out for
him and his jail-breaker cousin.

When darkness fell some twenty
hours after the commission of the
crime an amazing amount of police
work had been done by the Fay-

- ette County force and the men of

the Lexington police. Every known
guest at the dance had been check-
ed, employees of the club had been
questioned and all had been elim-
inated, at least temporarily. Many
blue-green sedans had been stop-
ped on the highways and as many
more had been examined in
garages, but all to no avail. The
only hope seemed to lie in the
swift arrest of the Woods cousins.
Meanwhile, the investigation seem-
ed to have come to a standstill like
a boat becalmed on a glassy sea.


une teri

ae

OT a rr ee hin to pe te

IY

ee

They found a most uncommunicative
prisoner. Penney was surly, snarling, and
wou!d admit nothing. For more than two
days he defied his interrogators to prove
anything, despite the web of evidence
slowly and surely being drawn about
him.

Finally, on Sunday morning, Chief
Price sat down with Penney in his cell and
talked with him alone for four hours.
Then he came out and said, “Tom Penney
is ready to tell us the whole story.”

I n the presence of the local district at-
tomey, the Fort Worth police chief, the
Kentucky officers and an official
stenographer, Penney: now made the
following statement:

“I'm guilty of this crime and the man
whose car I was driving when I was
arrested was my partner. I have known
Robert Anderson for about seven years.
He runs the Cat and Fiddle night club in
Louisville. Some time on the afternoon of
September 27th, on Saturday, I called
Anderson and we agreed to meet that
night and go to Lexington. I met him
about 8:30 or 9 o'clock that night on the
corner of Brook and Market Streets in
Louisville. He was driving his car, a 1941
Buick two-tone job, blue and gray. Then
we drove over to Lexington.” ‘

In Lexington, Penney’s statement
went on, he and Anderson, friends since
both had served time together in the State
Prison at LaGrange, stopped at several
nightspots, including the roadhouse on
the Leestown Pike, before going to the
club.

“I suggested pulling the job,” Penney
said, “because I used to deliver beer there
and I knew there was a lot of money on
the place.”

In his first confession, Penney gaveno
indication of Skeeter Baxter's involve-
ment in the crime and he denied that he
and Anderson-went to Lexington for the
express purpose of burglarizing the coun-
try club. But in subsequent statements he
not only implicated Baxter, but admitted
the country club job had been carefully
planned and that the greenskeeper had, in
fact, been the mastermind who worked
out the whole operation.

“We drove out there and parked close

to two cars,” Penney went on. “We went
in the back door and went to the base-
ment and pulled all the electric switches
and cut the telephone wires. Then we
went through the kitchen and up the

_ Stairs. We heard somebody breathing

quite loud, like they were sound asleep.
The door was locked and Anderson said
we should go back to the car and get
something to open it with. We went back
and he got two automatics. He gave me
one.. Then we went back into the
clubhouse again and he picked up
something in the kitchen—the sashweight
he later used as a bludgeon on Mrs.
Miley—and he followed me up the stairs
because I had the light. He knocked the

52

panel out of the door and reached in and
opened it.”

“There was a screaming’and scuf fling
and as soon as I got trough the door
somebody hit me on the chin. I got up and
then I was grabbed around the neck and
nearly strangled. I hit at the person with
my gun and it went off. Then I heard
Anderson shooting. It was all in the dark
and that girl was a hard fighter. Why, she
bit Anderson on the leg so bad he had to
go to a doctor the next day.”

After describing the details of the ac-
tual robbery, Penney admitted, “We
were disappointed in the money we
found. We had expected from three to
ten grand.”

To Chief Price’s question about what
happened to the automatic pistols they

had used, Penney replied, “Anderson |

threw them out the window, into the
Ohio River.”

“Where?”

“I don’t know,” Penney said.

Penney said he took the car and drove
it to Florida. “Bobby said it was hot and I
should get rid of it. I was on my way to

FIGHT MULTIPLE SCLEROSIS

THE GREAT CRIPPLER OF YOUNG ADULTS

California when the cops nabbed me.”

Penney then gave his interrogators a
piece of information which was to
become a vital link in the long chain of
evidence against Anderson. From
Jackson, Mississippi, he said, he had sent
Anderson a telegram which read: “Had
misfortune with fire. Need 15 dollars.” he
signed the wire, “Huffman.”

As soon as Penney finished his state-
ment Chief Price called Louisville, where
some of his Lexington detectives were
still at work, checking out storekeepers.
Within the hour, accompanied by
Louisville officers, they walked into the
Cat and Fiddle Club and arrested its jaun-
ty owner, who loudly protested his in-
nocence.

“I want a lawyer,” he said. “Why

. should a rat like Penney get me in a jam

like this? I was always good to him and
we never saw each other after we got out
of stir until he came in here about a month
ago and bummed a five-spot.”

His denial had a convincing ring to it,
but detectives checking telegraph office
files verified Penney’s statement about
the wire signed “Huffman” which he had
sent to Anderson. The files also showed
that Anderson had sent “Huffman” the
$15 requested in the telegram.

Another link in the chain of evidence
against the cocky night-club operator was
forged when he was ordered to strip fora
physical examination. Clearly apparent
to detectives was a severe wound on his
thigh. Asked to explain how he came by
such a wound, Anderson barked, “I threw
a prostitute out of my clu’: one night and

she bit me.” The cops weren't buying this.

In Lexington, police picked up
Skeeter Baxter, who also protested his in-
nocence. And on October 17th, Penney
opened up once more and admitted he _
had lied about the disposal of the murder
weapons. Acting on information he
provided, police went to an amusement
park in Louisville, where they dug up a
38 Colt automatic and a 32 Paramount
automatic. Ballistics tests proved con-
clusively they were the weapons used in
the slaying of Mrs. Elsa Miley and her
daughter Marion.

Anderson protested to newsmen that
it was ridiculous to think he’d stick his
neck out on such a rap.

The police conceded the truth of what
Anderson said, so far as it went. But, bas-
ed on long experience ‘with criminals,
they pointed to his record: He had served
time for bootlegging on one rap, for
breaking and entering on another charge.
He had associated with criminals. For
such men, the lure of easy money’ on a
“soft touch” is irresistible. The .38 was
finally traced to Anderson beyond all
doubt, and his excuse for the bite wound
on his thigh was exploded when detec-
tives found a Lousville doctor who
produced records to prove he had treated
Anderson for the wound on September
29th.

Skeeter Baxter finally admitted casing
the job for weeks in advance. The law
refused to consider it as any mitigation of
his crime that he was home in bed when
the murders occurred. In the words of
Commonwealth Attorney James Park,
“Skeeter Baxter's crime is greater, if that
is possible, for he betrayed the faith and
generosity of Mrs. Miley who, he openly
admits, was his best friend next to his own
mother.”

Anderson, Baxter and Penney receiv-
ed separate trials. Anderson was tried
first and on December 12th the jury
returned a verdict of guilty and fixed his
punishment at death in the electric chair.

Baxter the treacherous greenskeeper,

was tried next, but his frightened, abject
protestations on the witness stand that he
had no idea his accomplices intended
murder failed to move the jury to lenien-
cy. And Tom Penney’s testimony against
him sealed Baxter’s fate.

Penney said: “Baxter told me that -

there was from $3,000 to $10,000 out there
and that there was only an old lady to

- guard it. He said, ‘She’s supposed to blow

a whistle if anyone comes around and
I'm the one who’s supposed to hear it.’”

ine jul ¥ LUUK UIMYy LWU MUULS alu mune
minutes to find Skeeter Baxter guilty and
impose the death penalty.

Tom Penney, by singing, had hoped
to escape the chair, but on December
19th the jury found him guilty of murder
and decreed that he should die in the elec-
tric chair. |

All three men appealed the verdicts,

but finally, «
Anderson, |
Penney pai:
Kentucky
murders of
Tom Pe
Kentucky fi
superfluous
man conde:
ed, shortly |
he deserved
ly, “I havc
punishment

k

Will Si
Johnson a:
real name:
the forego
have been
reason for
tities of th.

Was Sr
A Reje:

recital at Nx
met ata dri\
iversity can
arrived, hov
the dance w
day. They h
Warehouse :
proximately

From th:
bar, where t!
and a coupl
chatted with
the Appala
recently con
was plannin;

‘From the
drive-in so |
car. Virginia
Trinity Roa
later, Craig |
ner, another
been visiting
fishing trip t
ing Tuesday

Virginia
exam on Tc
ment,” and s
kitchen tabk
prepare for |

She said
bark or indic
anything or :
had been un:
had been stz
trees.

She and
together, off
During that t
other men;
Outside of
never had an
them; and s}

I 2a TE

--what had happened, and his fellow of-

ficer wrote her halting words in his
notebook.

Mrs. Miley said she was awakened by
a crash of glass and two men burst into
her bedroom. It was dark but as they
crosse&a patch of moonlight she saw they
both were wearing masks. She sprang out
of bed and rushed at them, screaming,
she said. Her daughter, Marion, rushed to
her aid from her bedroom and began to
struggle with the other man. The burglar
she was fighting kept striking her with
something heavy and hard, but she con-
tinued to battle him until he shot her. She
had been shot three times in the ab-
domen. Then she heard shots from where

“the other burglar: was fighting Marion.
Marion was lying there in the apartment,
now, motionless. os

After the men left, Mrs. Miley said,
she managed to crawl to her neighbor's
for help, because the telephones at the
club were dead. Police later measured the
distance the wounded Mrs. Miley had
‘dragged herself—down the stairs, out of
the building, through the grounds and
across the highway. It was more than 300
yards, all told.

Over at the country club officers
discovered 26-year-old Marion Miley
sprawled in death, just inside her
mother’s apartment. Two bullets had
taken her life, one in the back, one
through the top of her head. That she had
put up a fierce struggle was glaringly evi-
dent. Her silk pajamas were ripped, un-
doubtedly when she tore herself from the |
intruder’s grasp. Her face, arms and
shoulders were scratched and bruised.
The apartment was a shambles.

At St. Joseph’s Hospital in Lexington,

Tom Penney (white shirt) underwe

a

nt a searching

surgeons worked feverishly to save Mrs.
Miley’s life, but her condition was
described as critical. The news of the
atrocity at Lexington Country Club fired
the indignation of both the public and of-
ficials, for the Mileys were extremely
well-liked and highly respected. Young
Marion Miley was a nationally famous
amateur golfer, who only the summer
before had come from behind to win the
Women’s Western Open Golf Cham-
pionship ina whirlwind finish. Every law
enforcement agency in the area promptly
joined forces, determined to bring the
killers to justice at the earliest possible
moment.

Interrogating officers at the scene,
County Patrol Chief Will McCord was

told that all lights were out when the first

police arrived at the club. An officer had
to make his way to the basement to throw
on the master control switch.

“Then the killers must have had in-
timate knowledge of the club’s general
layout,” Chief McCord said. “This is a
rambling building. If they hadn’t known
something about it, they'd have had trou-
ble finding their way with just. a
flashlight.” Then he looked over the rest
of the place.

Studying the wrecked apartment
where the women had battled the
burglars, Chief McCord noted that the
electric clock, knocked off the night table

and disconnected from its wall plug, had

stopped at 2:19. The chiefs watch now
said 5:30, so the criminals had a three-
hour head start. The rifled drawers
offered graphic evidence of the motive.

When the club president arrived, in
response to a call, Chief McCord had
been joined by Lexington Police Chief

interrogation by team of lawmen

+ eee

Austin B. Price, Sheriff Ernest Thomp-
son, and city and county detectives.

“The first thing we want,” Chief Mc
Cord said to the club president, “is a com-
plete guest list for last night’s party.”

At the president’s look of surprise,
Chief Price said, “I know. You're thinking
these are all fine upstanding people, and
youre right. But this is a murder case, and
we want to question everyone and
anyone who might be able to provide any
sort of information. We'll also want a list
of every employe of the club.”

The guest list was forthcoming first,
and a quick glance revealed that many of
Fayette County’s foremost families,
nationally known horse breeders and
tobacco plantation owners, had attended
the previous evening's party, Detectives:
were ordered to interview every person
on the list.

~The officers now turned their atten-
tion to the roster of employes. Will
Shanley, a regular helper for Mrs. Miley,
the manager, had quarters in the caddy
house. Clay Jackson, the fulltime waiter,
lived with his family in Lexington. Ray-
-mond Baxter, whom everyone knew by
the nickname “Skeeter,” was a
greenskeeper who lived about a mile
from the club. Andy Johnson, the chef,
lived in Lexington.
Detectives were sent to round up all
the employes. Identification expert Guy
Maupin was now ready with his
preliminary report. “We've raised a lot of
fingerprints in the bedroom and the hall,”
he said.

“Find any slugs?” he was asked.

Maupin held open an envelope to
reveal several empty cartridge cases and
lead bullets. “There were five shots fired,
from two weapons. One was a 32
automatic; the other was a 38, also an

- automatic. Both had automatic ejection

and we found the ejected cartridge
casings scattered around. The slugs we
found in the bedclothing, where they ap-
parently wound up after passing through
Mrs. Miley’s body.” .

The identification expert then
produced another envelope, held it open
and said, “We also found these. They
must have been torn from the coat of one
of the killers during the struggle.” The
envelope contained two brown buttons

of a type commonly used on men’s
% :

jackets.

“And here,” the identification man
pointed to an object on the floor, “is what
Mrs. Miley was struck on the head with.”
It was a bloodstained sashweight.

The coroner reported that he had
found powder burns around Marion
Miley’s wounds, which indicated she had
been shot’ from very close range,

_ “probably less than 18 inches.”

Before daylight dawned on that
fateful Sunday moming, an_all-points
bulletin for the murderers had been flash-
ed to police in every city and hamlet in

Kentucky an
Patrol Ch
Thompson «
Police Chie!
ment: “Thos
means work
year for eve
When a
brought to
sheriff quiz.
earshot of
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club about |
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Andy John:
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_ Editor

Hooker Set Him Up...

(Continued from page 43)

the state was too long after their depar- '
ture; hence, Muskus contended, the man’s
death could not have resulted from his
strangling by the accused.

It was at this point that Prosecutor

- Rosetti’s foresight in employing the ser-

vice of pathologist von Haam was
justified. Summoned as an expert
witness, Dr. von Haam testified that it
was indeed possible for a strangling vic-
tim left unconscious to live “for as long as
three hours.”

‘The jury’s verdict was guilty, with no
recommendation for mercy. The
sentence was death.

Muskus’ two court-appointed at-
torneys had conducted ‘an _ astute,
aggressive and remarkaby skillful
defense, and they continued to employ
every means the law provides to save
their client from the death sentence. And
-Muskus himself contributed a might assist
to their efforts. For after he was
transferred to a Death Row cell in the

\ Ohio State Penitentiary at Columbus, the

condemned man embarked on a
prodigious letter-writing campaign to
prominent persons all over the United
States. Influential columnists like Walter
Winchell and Drew Pearson, Walter
Lippman and Earl Wilson were special
targets for his ‘appeals for help on the
grounds that he was being railroaded to
the electric chair. A number of these
prominent persons wrote about the case
in their columns, and it is fair to say that

this national publicity had its effect not
only on Ohio Governor Frank Lausche,
who granted repeated stays of execution
for the condemned man, but numerous
higher courts to which Muskus’ case was
appealed.

In the end, however, all these efforts
proved to. be unavailing. Muskus’
appeals, to one court after another, were
considered and rejected. The US.
Supreme Court could find no grounds on
which to justify a review of the case. And
at long last, on the afternoon of Friday,
July 9, 1954, Muskus was notified that
Govenor Lausche had rejected his final
bid for executive clemency.

Muskus was now moved into a
holding cell next to the death chamber.
For his traditional last meal, he ordered
shrimp cocktail, rare T-bone _ steak,
French fried potatoes, and apple pie with
vanilla ice cream. When it was served to
him, however, he appared to have lost his
appetite; he just picked at the food and
finally asked to have it taken away. He
did not follow the Death House tradition
of giving the leftovers to other inmates of
Death Row. ,

Soon after the food was removed, the
prison barber came to his cell and shaved
his head for the electrodes. His pants legs
were split up the side for the same pur-
pose. At 1] p.m. he was escorted into the
death chamber and strapped into the
electric chair. The switch was thrown
and, nine minutes later, Russell Muskus
was pronouced dead.

Officials at the Ohio Reformatory for
Women declined to make any comment
when asked how Peggie Welder had
reacted to news of the execution of her

pimp and partner in crime. From time to
time, as the years passed, feature writers
seeking information about the one-time
prostitute were told that she had “ad-
justed well to prison life,” that she was
well-behaved and, presumably, accep-
ting the rehabilitation progam.

This seemed to be borne out in May,
1970, when Govenor James Rhodes
issued a commutation order which,
despite her life sentence, had the effect of
making Peggie Welder eligible for parole
consideration. In July, two months later,
her parole was granted, and by a special
arrangement with Ohio Parole officials, -
she was permitted to move to Chicago,
where her parole would be supervised
under “interstate compact.”

When Peggie was released, a stipula-
tion had been made that she would re- -

main under parole supervision for aterm ~

of five years. July 25th, 1975 was the fifth
anniversary of her parole term, and on
that date Peggie Welder, for the first time
in 24 years, became a free woman. In
effect, the states involved — have
“forgotten” about her crime because she
has “paid her debt to society,” to use the
term so abhorred by criminals,
Whether Peggie Welder herself can
ever forget the crime that robbed her of
the best years of her life, however, is
questionable. eee

EDITOR’S NOTE:
Peggie Welder is not the real name of
the person so named in the foregoing
story. A fictitious name has been used
because there is no reason for public
interest in the identity of this’person.

Champ & Mother Slain
(Continued from page 39)

dry-cleaning shops. The alarm for Tom
Penney and the missing Buick was sent to
all states.

Closer to the scene of the crime,
meanwhile, the tedious police routine of
patiently questioning hundreds of people
and tracking down all clues that might
even remotely have a connection with the

crime was beginning to pay off. The -

woman operator of a roadhouse on the
Leestown Pike, not far from the country
club told officers she remembered a tall,
rangy rellow with a short, pudgy friend
who had stopped at her place for a couple
of drinks Saturday night. “They drove up
here in a big, two-tone, blue-gray car—I
didn’t notice the make,” she said.

Shown a mug shot of Tom Penney,
she made a tentative identification. “He
looks like one of them,” she said, but she
was not very positive.

But hard on the heels of this develop-
ment came another, and the second was
the most promising yet. A customer at
another roadhouse, this one on the Paris

Pike, said he had sen a blue and gray late
model Buick parked across the road on
the night of the slaying. he recognized
some people in another car from which a
man had emerged and crossed the road
to talk to the occupants of the Buick.

Running down this lead, detectives
learned that the man who had spoken to
the men in the Buick was none other than
the greenskeeper at the country club,
Skeeter Baxter. “: was then discovered
that Baxter and his friends had dropped
in at the roadhouse on the Leestown Pike,
and that he had again talked to the men in
the Buick when it showed up there about
one a.m.

Sheriff Thompson and Chiefs Mc-
Cord and Price sifted this information
carefully. Then Chief Price summed up
their conclusions: “It all adds up. Penney
and his unknown partner stole the car in
Louisville, drove it over here and bought
a flashlight around 10 o'clock. Then they
looked up Skeeter Baxter, who was
probably their lookout, and talked over
the job. There was a party at the club, so
they had to wait till everybody left, which
explains why they talked to Baxter the se-
cond time. They were probably wonder-
ing how long the dance would last.”

The three cops decided not to pick
up Baxter yet, but to let him think he was
still in the clear. He was to be kept under
surveillance, however, for there was
always the chance that he might lead
them to ex-con Penney and the other ac-
complice, as yet unidentified.

In the meantime, the hunt for the two
missing men continued unabated. New
bulletins were issued almost daily, and
the police of at least 92, states were fur-
nished with minute descriptions of the
missing car, and mugshots and finger-
‘prints of Tom Penney. And these routine
procedures finally bore fruit, exactly 10
days after the murder.

In Fort Worth, Texas, on the night of
October 8th, alert detectives spotted the
missing Buick with Kentucky license tags
1P04. They promptly arrested the driver
and took him to headquarters, where a
check with Wanted posters soon €S-
tablished his identity as the elusive Tom
Penney. Searching the car unearthed an
empty .32 caliber cartridge casing, and a
dark suit jacket with several buttons miss-

ing. ;
Notified by Forth Worth police of
Penney’s capture, Chief Price and Sheriff

Thompson left for the Texas city at once. ©
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Kentucky and surrounding states. County
Patrol Chief McCord and_ Sheriff
Thompson echoed the orders Lexington
Police Chief Price issued to his depart-
ment: “Those men must be caught, if it
means working night and day for the next
year for every man in the department.”

When all the employes had been
brought to the club the two chiefs and the
sheriff quizzed each man in tum, out of
earshot of his fellow employes. Clay
Jackson, the waiter, said he had left the
club about 1:15 a.m., soon after the dance
was over. He said he thought Mrs. Miley
was in the lounge when he left, but he had
not spoken to her. Asked who else was in
the building, he said Will Shanley and
“Andy Johnson were in the kitchen. He'd
gone directly home after he left the
club. The police identification men took
his fingerprints and he was allowed to
take his leave.

“Skeeter” Baxter, the greenskeeper,
hada lean, sun-tanned face that betrayed
his outdoor occupation. His hair was
mousy blond, his eyes were blue, and he
was in his early 30s. His voice choked as
he replied to questions; he had to fight
back tears.

“We understand Mrs. Miley carried a
whistle that she was supposed to blow if
she needed your help,” Chief McCord
remarked.

“That’s right,” Skeeter said. “I usually
sleep in a little house out near the links,
but sometimes I go home. Last night—of
all nights—I happened to spend the night
at my folks’ place.”

Detectives who had brought him in
corroborated this statement, saying his
folks had told them Skeeter got home at
1:30 a.m. He also was fingerprinted. The
questioning of handyman Shanley and
chef Johnson produced little information
of importance, except that Johnson iden-
tified the sashweight—which had been
used as a bludgeon on Mrs. Miley—as a
weight used in the kitchen to hold down
food covers.

“Was it there when you left last
night?” he was asked.

“Yes,” Johnson said. “I remember see-
ing it on the window ledge.”

_ All the employes had responded to
questions with convincing candor. All
were fingerprinted and allowed to leave.

Before daylight the sheriff and the
two chiefs had issued orders to all men of
their departments to report for duty. All
days off were canceled, and the men
were assigned to canvass owners and per-
sonnel of all establishments where
flashlights were sold and also hardware
and other shops where firearms were
sold, in an effort to learn something about
the 32 and .38 automatics; also dry-
cleaning stores and tailors, to ste if
anything could be learned about the two
buttons torn from the coat that one of
‘the killers had been wearing.

The first tangible information came

SE

Two other suspects in double-mu

a

when a 17-year-old newsboy walked into
Chief McCord’s office and said, “I think I
saw the car those murderers drove to the
country club.” He said it was his custom
to deliver the Sunday papers at the club
very early in the morning. When he drove
up that morning he saw a strange car
parked by the west entrance, in addition
to Mrs. Miley’s sedan and Marion’s coupe,
which he knew. He’d noticed that the
driver’s door was open on the strange car.
He said it was about 2:20 a.m. when he
arrived there.

“They must have been in the apart-
mentat the time,” the chief said, recalling
the clock stopped at 2:19. “Can you
describe the strange car?”

“Sure. It wasa Buick sedan—new, this
year’s model—a two-tone job, blue and
gray,” he quickly replied.

The description of the murderer’s car
was immediately broadcast in an all-
points bulletin.

By this time all the guests who had
attended the party at the country club
Saturday night, as well as all employes of
the club, had been interviewed, finger-
printed, their prints compared to those
found in the murdered woman’s apart-
ment. The results were disappointing. On
the chief's desk lay telegrams from Ken-
tucky Governor Keen Johnson and USS.
Senator A. B. “Happy” Chandler; they ex-
pressed their profound shock at the crime
and urged that no effort be spared to
track down the criminals responsible. St.
Joseph’s Hospital reported that Mrs.
Miley had a fighting chance for survival.

On Monday morning police turned up
a feeble clue when they found a druggist
who recalled selling a flashlight late
Saturday night to a dapper little fellow
who had driven up in a big sedan. He
could not recall the make of the car, nor
offer anything more specific.

tive Joe Haskins (r.):and Raymond (Skeeter) Baxter, an employe of the country club

The next morning, Tuesday, police
acting on undercover information
questioned a man named Sam Rafews.
Rafews had told a fried of an invitation to
participate in a robbery at the country
club about a month before. Rafews wasa

man of excellent reputation, however, |

and he had rejected the offer. He named
the man who had madeitas Tom Penney,
an ex-con who, police knew, was. on
parole after serving part of a 20-year
stretch for wounding a grocer in a
stuckup; he had also done time for auto
theft. A pickup order was issued for
Penney at once, but within a couple of
hours detectives discovered the signifi-
cant fact that he had been missing from
his usual haunts for two weeks. And a
comparison of Penney’s fingerprints,
taken from the files, failed to match any
of the prints that were found in the mur-
der victims’ apartment.

On Wednesday morning, after rites
attended by hundreds of friends and
sympathizers, Marion Miley was buried.
That same evening her mother died of the
wounds she had suffered at the hands of

her murderous assailants.

The first concrete clue about the two- °

tone Buick used by the killers came from
Louisville, nearly 70 miles away. A blue
and gray sedan matching its description
had been reported stolen the night of
September 28th by Robert H. Anderson,
36. Anderson was the owner of the Cat
and Fiddle Club, a local nightspot. He
told police it must have been stolen from
the street in front of his club, where he
had parked it. The registration was aKen-
tucky. plate, 1 P04.

Detectives were hastily dispatched to
Louisville, where they began the same
sort of painstaking canvass of hardware
and firearms dealers, also tailors and

(Continued on page 51)

39:


o-

ler’'s name and address. There was no
mistaking the urgency in his voice.
Within seconds his emergency broadcast
was picked up by patrol cars in the area
of the Lexington Country Club. Only afew
minutes passed before the cruisers
sirened into the driveway of the man
who'd called. The officers rushed into
the house.

The man and his wife hovered over
a graying, middleaged woman on the
couch. Her hands were pressed tightly
against her stomach. Blood oozed
through her fingers. Her face was scarred
and mottled with bruises. Her gray hair
was stained a dull red from the blood
which seeped from the wound on her
head.

‘‘Hurry,”’ she gasped. She opened her
eyes at the sound of the policemen’s
entry. ‘My daughter....Marion....She’s
hurt, over at the club....Upstairs.”” Her
voice was no more than a whisper, but
it was enough.

Instantly, one of the officers left for
the club. But as he stepped outside,
another cruiser pulled up. He instructed
the two-man team to get to the clubhouse.
Then he returned to help his partner with
Mrs. Miley. An ambulance was on the
way.

She was still talking, trying to describe
in a halting and stifled manner what had
happened. The other officer was rapidly
jotting down notes.

She’d been awakened by a crash of
glass, she said. Two men burst into her
bedroom. It was dark, but as they strode
across the patch of moonlight she could
see they wore masks. She’d sprung out
of bed and charged them, screaming. Her
daughter, Marion, who slept in the adja-
cent bedroom, rushed to her aid. She
struggled with the other man. But the
burglar she’d been fighting, Mrs. Miley
said, kept hitting her on the head with
something hard and heavy. Still, she bat-
tled him until he shot her — three times
in the stomach.

Two more shots sounded from where
Marion was struggling with the other
burglar, Mrs. Miley said. Then she heard
Marion fall to the floor. She was still lying
over in their apartment right now.

Mrs. Miley explained how she'd tried
to call from the club, but the phones were
dead. So, she’d had to crawl to her near-
est neighbor for help. Later, the police
measured the distance Mrs. Miley had
dragged her wounded body. Down the
stairs, out of the building, across the
grounds and highway — it was over 300
yards.

Meanwhile, the two officers who'd
been dispatched to the clubhouse found
26-year-old Marion sprawled on the floor.
One bullet had pierced her back. The
other had gone through the top of her
head.

It was more than evident that she had
waged a valiant battle. The bodice of her
pajamas was ripped, obviously torn from
the intruder’s grasp. Her face and arms
and shoulders were bruised and
scratched. Still, Marion had lost her most
important contest. She was dead.

58

Detective points to bedspread stained with Mrs. Miley’s blood.

At St. Joseph’s Hospital in Lexington,
surgeons worked furiously to save Mrs.
Miley’s life. Her condition was critical,
and the doctors refused any show of
optimism.

‘*Everything which can be done to save
Mrs. Miley’s life,’’ said a spokesman for
the hospital, ‘‘is being done.”’

The news of the shocking tragedy that
occurred at the country club spread like
wildfire. Both the public and local offi-
cials expressed outrageous indignation.
Every law enforcement agency in the
area joined hands in an attempt to find
the murderers. The first progressive
steps in catching the thieves were made
when Chief Will McCord of the County
Patrol arrived on the scene.

‘*The killers must have known the
club’s general layout,’’ he said when he
heard that an officer had to make his way
through the basement to throw on the
master switch. ‘‘This is a rambling kind
of building. If they hadn’t known some-
thing about it, they'd ha-e had trouble
finding their way with “1st a fiashlight.”’

The chief and his crew moved into the
apartment. It was in shambles, furniture
overturned and broken, lamps shattered
where they’d fallen during the struggle.
Drawers viciously ripped out of chests,
with their contents strewn all over. It was
obvious what the murderers were after.

Chief McCord was a man with trained
eyes. Immediately after entering the
room, he spotted the electric clock on
the floor beside the bed. At 12:19 its cord
had been disconnected from the wall soc-
ket. It was now 5:30 by the chief’s watch,
so the murderers had a three-hour head-
start.

Lexington’s police chief, Austin B.
Price and: Sheriff Ernest Thompson,
along with city and county detectives had
joined Chief McCord by the time the
club’s president arrived. Price pulled the

&

ak

country club.

president aside. ‘‘The first thing we
want,”’ he said, ‘‘is a complete guest list
for last night’s party.”

For a second, the president was
stunned with surprise.

“I know,”’ Price said, ‘‘you’re thinking
these are all fine, upstanding people, and
you’re right. But this is a murder
case...We’ll also want a list of every
employee of the club.”’

The president complied. The guest list
was delivered immediately. Many of
Fayette County’s most distinguished
families, nationally-known horse

Elsa Miley, proprietress of the

breeders
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we net wig ea MAE bl es ed

tents on the floor. After about five
minutes they gave up and made a fast
exit. While fleeing, they saw through the
beams of their flashlights that the younger
woman lay as still as death. Only slow,
torturous, painful breathing came from
the older woman.

The two men bounded down the stairs
and out to their car in the parking lot.
It was 2:25 a.m. when they pulled away.
Dawn was still a few hours off; it would
be some time before the early Sunday
golfers began appearing on the green.

It had been a quiet night for the desk
sergeant on duty at Fayette County Patrol
Headquarters in Lexington. Then, at ten
minutes before five — two hours and
twenty minutes after the thieves had left
the country club — he got a call. -

‘* .,across the highway from the coun-
try club,’’ the excited caller shouted.
‘*Send police right away....Mrs. Miley’s
been shot and she says her daughter is
hurt bad.”’

The sergeant managed to get the cal-

(continued on next page)

Confessed killer Tom Penny on death row.

hy avannndnr dear et

Chief McCord (left) and
another officer examine a
broken door panel.

Detective Maupin holds the
piece of iron used to smash

the door panel.

57


~—

wv
=
—
a
-

ed

breeders and tobacco plantation owners
were on the list. All had been in
attendance at the party the previous
evening. Detectives were assigned to
interview each person. ‘

Then, the employees. Will Shanley,
Mrs. Miley’s regular helper, had quarters
in the caddy house. Clay Jackson, a full-
time waiter, lived with his family in
Lexington. Raymond Baxter, everyone
knew him as ‘‘Skeeter,”’ was a greens-
keeper. He lived a mile from the club.
Andy Johnson, the chef, lived in Lexing-
ton.

The detectives rounded up all of them.
In the meantime, Guy Maupin, the iden-
tification expert, delivered a preliminary
report to Chief McCord.

‘“We've raised a lot of fingerprints in
the bedroom and hall,”’ he said.

‘Any slugs?” the chief asked.

‘Five slugs fired,” Maupin confirmed
as he held out an envelope containing
several empty cartridge cases. ‘*Two
weapons. One, a .32 automatic; the other,
a .38, also automatic.”

Maupin went on to explain how both
weapons were automatic ejectors and
how the empty shells were scattered
around the room. Then, he held out
another envelope. He opened it, and said:
‘*We also found these.”

Two brown buttons, the kind used on
men’s jackets, lay inside the envelope.
“They must have been torn off one of
the killers during the struggle,"’ Maupin
added. He then turned and looked toward
the broken door. His right arm flew out
as he pointed toward an object lying on
the floor.

‘“‘This,’’ Maupin said with a pause, ““is
what Mrs. Miley was struck on the head
with.’’ It was the sashweight. Matted

1.D. expert Maupin (left) dusts the door to the

murder room for prints.

gray hair and clotted blood clung to the
ugly grey metal.

‘The coroner came in with reports about
the powder burns he’d found around
Marion’s wounds. Clearly, she'd been
shot from extremely close range.

Time passed rapidly. Still, before day-
light, APs were flashed to police agencies
in every city and town in Kentucky, the
surrounding states, and in the Mid-South.

‘Those men must be caught,’’ Price
said to the men in his department, “even
if it means working day and night for the
next year.”

It was less than an hour since the
roundup order had been issued when the
employees of the club arrived. Each one,
on interrogation, had a failsafe alibi. Clay
Jackson, the waiter, had left the club
about a quarter past one. The chores
were done, and as far a, he knew, Mrs.
Miley was in the lounge. He hadn't
spoken with her when he left. Will Shan-
ley and Andy Jackson were in the
kitchen. When questioned, neither of
them produced any information.
‘*Skeeter’’ Baxter, the greenskeeper.
was obviously an outdoorsman. His lean,
suntanned face revealed his occupation.

‘*Mrs. Miley carried a whistle that she
was suppose to blow if she needed help,”
McCord said to Baxter.

‘*That’s right,’” Skeeter replied. *‘l
usually sleep in a little house out by the
links. Last night....”” he choked. **I hap-
pened to spend the night at my folks’
place.”

Skeeter’s parents had told the detec-
tives who'd brought him in that he'd
arrived home around 1:30 a.m. Skeeter,
along with the other employees, was fin-
gerprinted and released.

Around the country club, everyone

was still overcome with shock. That Mar-
ion was dead and Mrs. Miley was criti-
cally ill in the hospital infuriated the local
citizens. The story broke too late for it
to be on the Sunday front page, so the {
people sat by their radios. {

Then, at midmorning, a newsboy
walked into headquarters. He was clean-
cut and neatly dressed in jeans and a sport i
shirt. He was 17 years old. sa

“I think,’* he said to McCord, *‘I saw
the car those murderers used, sir.”

Immediately, McCord snapped to. The
boy had grabbed his interest. Asking per-
tinent questions, McCord manoeuvered
the boy through the intricate details of
his sighting. Finally, in answer to
McCord’s question about the car's
description, the boy said, “It was a Buick
sedan. New. This year’s model. A two-
tone job, blue and gray.”

Instantly, APs were flashed on the car.

More calls flowed into the office. Cableg-
rams, one from the governor himself,
expressed both sympathy and the dire
urgency behind catching the criminals.

Late Sunday evening, a hospital
spokesman told newsmen that Mrs.
Miley had a fighting chance. Monday, a
local druggist told policemen of the
flashlight he’d sold to a dapper little fel-
low who'd driven up in a big sedan. He
couldn't describe the car.

Tuesday, police questioned Sam
Rafews. He was a man of excellent repu-
tation, but he'd told a friend about an
invitation to join in a robbery of the coun-
try club a month earlier. Naturally, Sam
had downthumbed the offer. But what
Sam did do was name the man who'd

(Continued on page 61)

Marion Miley with one of her many trophies.

a ss lll


DOUBLE MURDER

ON THE

GREEN

(Continued from page 59)

offered the invitation. He was Tom
Penney.

Criminal files showed that Tom Penney
was an ex-convict. He was presently on
parole after serving part of a 20-year sen-
tence. He'd wounded a grocer in an
armed stickup, and-he’d done time for
car theft. The order was sent out to pick
him up. But Tom was nowhere to be
found. As a matter of fact, he hadn’t been
seen at his usual haunts for two weeks.

On Wednesday, September 30th, Mar-
ion Miley was buried. Hundreds of
friends and sympathizers attended the
funeral. Her mother did not. Mrs. Miley
had taken a turn for the worse that morn-
ing. When the night came, she died.

The search went on. Detectives got a
lead on the car. It had come from Louis-
ville, some 70 miles away. Robert H.
Anderson, the 36-year-old owner of a
local nightspot in Louisville called the
Cat and Fiddle Club, reported his car was
stolen. It was the same make and year
as the suspected murderers’ car.

Meanwhile, around Lexington, police
intensified their questioning of area resi-
dents. Then, while questioning the
woman operator of a Leestown Pike
roadhouse, a detective turned up the
most positive lead so far. The woman
had served two men who drove up ina
blue-and-gray car. She didn’t notice the
make. But when detectives showed her
a mugshot of Tom Penney, she said: ‘‘He
looks like one of them.”’ Still, she wasn’t
positive.

Then, another development, perhaps

the most promising. A customer at
another roadhouse said he'd seen a blue
and gray late model car parked across

driver. It wasn’t long before they iden-
tified him as Tom Penney. A search of
the car revealed an empty .32-caliber car-
tridge casing. Officer also found a dark
suit jacket, with several buttons missing. |

The Fort Worth department notified
Price and Thompson. They headed for
Texas, arriving only to find an uncom-
municative prisoner. Penney admitted
nothing.

Finally, Price sat alone with Penney
in his cell. The two men talked for four
hours. Afterwards, Price emerged with
an announcement:

(continued on next page)

the road on the night of the murders. He’d
recognized some of the people in another
car from which a man emerged and
crossed the road to talk to the occupants
of the Buick.

The detectives hotly pursued the lead.
until they learned that the man who'd
crossed the road was none other than
Skeeter Baxter!

Things began to fall into place.
McCord, Price and Thompson carefully
sifted their information, and soon
reached their conclusions.

Though they decided not to pick him
up, they put Skeeter Baxter under close
surveillance. Their search for the other
two men continued.

On the night of October 8th, in Fort
Worth, Texas, a couple of detectives
spotted the Buick with Kentucky license

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| 86 CRIME DETECTIVE

SLAIN GOLF STAR

a

There was no will; the estate must be
divided between the heirs. No insur-
ance policy has been changed in re-
cent months. I don’t think Samples
was murdered so somebody could
profit financially.”

Wilson oy Pra: Ba income from
property holdings, plus pensions, to-
tals around $200 a month. The pen-
sion would cease at death. It looks
as if a woman had her finger in the
murder pie.”

Miller told Wilson to keep up the
questioning of neighbors, “Find out,”
he advised, “if Samples had any busi-
ness dealings with women. Maybe he
got the best of one and she killed
him for revenge. I’m going after Miss
Zelma Lawrence. That will clean up
‘the three photographs.”

But Zelma Lawrence was not so
easy to locate. “Left the city on Feb-
ruary 27th,” a hotel clerk said. She
was expected back sometime the fol-
lowing week.

Miller heard the news with min-
gled feelings. Did her departure hold
any significance? If Miss Lawrence
was the administrator of the dose of
poison, wasn’t it reasonable to assume
her nerves had given way after the
death of her victim? Samples had
died on February 27th. Perhaps she
had reason to get away from the city
in which the crime had been com-
mitted.

Using a pass key, Miller: searched
her apartment. No rat poison, no
ioe omne letters, no tangible mo-
tive for jea ousy. Upon her return
the new Suspect soundly shattered the
detective’s theories, Beyond the
shadow of a doubt, she convinced
them of her innocence. She was
merely another of Walter Samples’
good friends,

~
a

DE

-

MCA 2 IVE

Hh Hold-up shooting of Marian Miley, 27, at the Lexington, Ky., coun- Five weeks slipped by, weeks con-
} try Club ended the career of one of the nation’s leading woman rh by r ese te eorings hhidar
golfers. Her mother, Mrs. Fred Miley, wife of the club’s golf pro- war. Secioun wore Gveduabe teeta
i fessional says, two masked men robbed club, then shot them, : y

i dropped from the newspapers,
| One day George Wilson brought a
Hi
H

woman in for questioning ... a slight

H | : short woman named Mrs. Ertha

Ii tive’s stare unflinchingly for a second, “Oh. I see what you mean!” A House.

then pressed her hands against her look of understanding appeared on Wilson introduced her to Miller, J
temples. “I knew I shouldn’t have Mrs. Hannigan’s beautiful face. “You explaining: “Here is the only woman N
done it,” she wailed. Tears welled in think I killed Mr. Samples?” that ever had any business dealing NY
her eyes, flowed down her soft cheeks. “Exactly,” Miller grunted. with Samples, Mrs. House had the NX
“I knew it would end in a mess. _The vivacious woman flashed a ra-~ Maytag agency here six years ago
Oh, I’m so miserable.” diant smile. “Of course | didn’t kill and sola Samples a washing machine.” N

Miller sat back, waited for the con- him. Don’t be absurd. I used that

Miller regarded the woman care-

fession. “Go on, Mrs, Hannigan, clear poison for roaches. Why I thought you fully. Her face was the type that 4 \
your conscience,” he encouraged. were questioning me because of my would never under any circumstances J

Mrs. Hannigan talked in jerky little relations with Mr, Samples—just be- betray much emotion. The detective WV )
sentences. For the first time in many cause I’m a married woman.” cleared his throat. LV
years the face of the lieutenant lost Miller whistled between his teeth. “How well did you know Mr. |
its immobility. Disappointment suf- “‘T’m not concerned with moral issues, Samples?” ‘“
fused his countenance. Mrs, Hannigan,” he said. “Can you She answered quickly. “I did not

Suddenly it dawned on him that furnish me with an alibi as to your know him out
instead of iving him a confession of whereabouts the night of February tionships. I cal
guilt, Mrs. annigan was telling him 14th and early the next morning?” prior to Selling him a machine, The
something entirely different. She had rs. Hannigan said she could. She first time | knew of his death was
struck up a friendship—an innocent did. Miller assigned one of his men when I read a newspaper account.”
enough one—with Samples, and had to run down the Story, to try and poke The two detectives further learned
gone to see him a few times. Fully holes in it. They couldn’t, The alibi that Mrs. House and her husband,
expecting to tell her husband, she was air-tight. The pretty brunette Leroy House, formerly of Memphis,

side of business rela-
led two or three times,

Dé

had withheld the story. Her Curt was was in the clear, now lived in Columbus, Miss. They
jealous. He might see it in the wrong _ The finances of the dead man were had purchased a plantation known as
light. : aired. Police found he had $233.00 in “Green Pastures.” Mr. House had

The veteran police lieutenant was a checking account at the First Na- once owned a trucki
not one to be taken in by glibness. tional Bank. He also had a $2,000.00 Phis and had
Was Mrs. Hannigan concocting a_ life insurance policy, taken out when warehouses,

clever lie? Was he pitting his wits he was thirty-four years old. No will After an hour of questionings, Mrs,
against a woman of Super-intelli- was found. . House was dismissed.
Ht gence? After learning these facts Wilbur “You know, memory is a funny

“You bought a tube of rat Poison paced the floor of his office. Wilson thing,” Miller Philosophized to Wil-
nT a week ago. Walter Samples drank sat close to a desk tapping the sides son, “The shock of death can make

milk into which rat poison had been of it with a long yellow pencil. us forget . . . then things gradually
f injected, soon after your purchase. “George,” Miller said to his fellow return and the picture becomes
| Isn’t that a coincidence, Mrs. Hanni- worker, “it still] appears that the clearer. Bring the woman who lives
gan?” Miller asked bluntly, jealousy of some woman is the motive. next door to the Samples house. |

| LPR

CRIM €&

Evidently the victim of a
burglar, Mrs. Margaret
Winefield was found
gagged and beaten to

' death in her Chicago
home. Her bady had
been wrapped in a rug

by the murderer.

See eee ee 3

¢

When pretty Jane Spieler,
San Francisco society girl,
pleaded guilty to speeding,
the traffic court judge “'sen-
tenced" her to write a 300-
word essay on the evils of

driving a car over the, limit.

Attempting to solve the murder of Marion Miley: (s

What’s new? These pictures
: page 16); a detective examines a pool of blood w ‘ch

tell timely dramatic stories was discovered on the floor of her apartment in the
swanky Country Club at Lexington, Kentucky.

| 30 : : : ~ HEADLINE DETECTIV


arrested, could not forget his com-
pelling, impassioned plea. They had
been so sure he was guilty. Now they
were as convinced of his innocence.
Mrs. Valeroso told me about that
wheh she called again at my office
after the trial.

“Now, they are ready to help .. .”

The case interested me. I didn’t
know whether Valeroso was innocent
or guilty. But I did know the evidence
would bear careful study, and if
there was a flaw in the common-
Mr i case, we could get a new
trial.

wet struck me first was the
weakness of the medical testi-
mony. The commonwealth charged
that Valeroso shot Novak, but in the
lung which bore the two entrance
wounds there were no exit wounds—
and no bullet. The explanation was
flimsy.

But before seeking out pathological
experts, I had to have an appeal for
a new trial granted.

‘Here, too, Valeroso’s faith was re-
warded. I found the flaw I sought.

In the first trial the commonwealth
had called upon the defense to pro-
duce a letter, allegedly sent him by
the deceased’s attorney informing him
of the pending eviction. In doing this
it committed a violation of the consti-
tutions’ of the United States and
Pennsylvania which provide in all
criminal prosecutions that the accused
cannot be compelled to give evidence
against himself.

Thus, the commonwealth gave us
our weapon in fighting for a new trial.
We took the matter to the highest
court, and our appeal was granted.

I called at the Luzerne County

Prison to see Frank Valeroso. He —

was brought down to a counsel room
from the condemned row where
every prisoner bound for the death
house has a twenty-four-hour guard
standing outside his cell.

He came forward running, both
hands extended. “A miracle! God
has heard my trouble.”

We were not performing miracles,
I explained. He was simply going
to have another chance to prove his
innocence.

“First, did you shoot Mr. Novak?”
I asked.

“No, no. I not shoot him. I not
like him. He is bossy, sneery always.
I feel like hitting him. I cannot be-
cause he was once a priest. I am not
sorry he is dead. But I no shoot.”

I questioned him at length on points
brought up by the commonwealth.

“What did you do with all the
kerosene you bought from Jake Walp
two weeks before the fire? He says
you purchased two large cans—kero-
sene or gasoline.”

“Jake make mistake, like I said in
court. To save money for that install-
ment, we save every nickel. We do
not drive our car. We go to bed early.
That Sunday ah we didn’t have
even enough to fill the lamps. We are
in the dark. When my wife she wakes

me up, she says she is very sick and .

choking. I had to strike a match.”

“Why didn’t you borrow some from °

Novak.”

Valeroso wouldn’t

snorted. “He

give you free air, he is so stingy. But .

with himself he is good. All night
sometimes, he burn his kerosene, read-
ing in bed and smoking till he fell
pe hg When my wife choke, I smell
smoke, and I t’ink only to get my
family out. ... It was that whiskey

CRIME

CRIME DETECTIVE

still Novak kept in the cellar at his
side of the house that explode and
set fire, but nobody will believe.”

“It wasn’t the still,” I told him
bluntly. “If an explosion had set the
fire, your side of the house would
have burned at the same time.”

To assist me, I obtained the ser-
vices of a young attorney who had an
office in m eterna Together we
went over the printed evidence which
had convicted Valeroso. In his charge,
Judge Fuller had summarized the
medical testimony as follows:

home ti on the autopsy, he had
said:

“1, It makes certain as a fact that
there was upon the body of the dead
man, close to the breast bone, a hole
one and a half inch in diameter,

93

roughly circular in shape, which must
have been produced by external vio-
lence of some kind, by bullets from a
gun, or blunt instrument;

“2. It also makes certain as a fact
that there were two perforations
closely parallel that penetrated the
body and pierced the left lung.

“3. It also makes certain as a fact
that there were two other perfora-
tions proceeding from the right side
which pierced the right lung.

“4, It also makes certain that these
perforations would cause instant
death if inflicted in life... .

“5. It also makes extreme probabil-
ity that the one hole and the two con-
nected perforations were caused by
the discharge of a double barrelled
shotgun, which. was found in the

ADMITS SLAYING

Tom C. Penney, ex-convict, Signs a confession at Lexington, Ky.,

admitting that he and an accomplice shot and killed golf star

Marion Miley and her daughter,

Mrs. Fred Miley, last Sept. 28..

DER CTIVE

TANUARY, /

7

F


‘Gigt

Marion Miley, noted woman golfer, was shot to death bytwo In Denver, Colorado, Mrs. Anna Lou Boettcher, wite of

masked bathers who invaded her apartment in the exclusive . Charles Boettcher II., who was victimized in a kidnaping in
Lexington Country Club at Lexington, Kentucky. Her 1933, committed suicide by shooting herself with a revolver [
mother, Mrs. Fred Miley, also was fatally wounded. which she had kept in her home for “protection,”

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4


INDOOR
SUPER:
DICKS

nt lic aan

THERE isn’t a prison inthe United

States in which some of the inmates
P are not constantly plotting to bring in
firearms to be employed in a getaway. To
thwart these plots requires real sleuthing
ability and an almost uncanny feeling of
when to “close in,”

One of the most extraordinary men at

ace.

i this kind of work I ever knew was
£ Loney J. Fletcher, for many years deputy
j warden at the Federal Prison at Atlanta,
, and also at Leavenworth. While at the
; latter place, a prisoner sidled up to him
E in the-yard of the institution and whis-

pered out of the corner of his mouth that
there was a plot afoot to plant some guns
on the prison farm.

The deputy had to act quickly. The
very next day the number of prisoners
assigned to work on the farm was in-
creased by six. Each was assigned a
job which would keep him on the farm’s
outer boundaries. Each of the six was a
stool pigeon. And, what seemed more
4 mysterious, each was known to every
i other inmate of the place to be-a stool
pigeon!

The latter, despised and shunned by
: their fellows, did the job assigned to
F them faithfully. They watched closely
the particular part of the farm to which
they had been assigned, each eager to be
the one to find the expected “rods” be-
cause the reward of a cut in his time
was almost sure to follow.

Nothing happened—so far as the stool
pigeons were concerned. But a month
after the deputy received the tip a guard
walked over the. farm and picked up
three guns and several boxes of cart-
ridges. There was a note accompanying
them wishing the recipients success in
their undertaking.

Tae eee
‘~

us What Fletcher had done was simple
| but effective. He had purposely selected
a: six men who were notorious stool
e. pigeons to go out on the farm. The
; instant he did this he knew that those.

, in the plot, whoever they were, would
know the deputy was wise to it. Then,
he was confident, one of two things

42 would happen: either they would aban-
Fs don the plot, or they would have the

* guns planted on the small part of the
: farm which the deputy had—also pur-
4 posely—left unwatched by stool pigeons.
fe, Early each morning, before the in-
i. mates were taken out to the farm, every
i foot of this comparatively small part of
it was thoroughly searched—an infinitely
easier job than searching’ the several
hundred acres. It was in one of these
searches that the guard found the
weapons. Acting on the instructions of
the deputy, he put them back.

Then, for several days, an officer sta-
tioned in the guard’s home across the
road watched with a pair of strong
glasses the particular spot where the
guns were located. His vigil came to
end when he saw two of the farm gang
working in that vicinity stoop down and
slip them into. their blouses.

* A few moments later two astounded
a prisoners, who don’t yet know how it all
Be came about, slipped the guns out again

< and into the hands of “Old Calamity.”
—JoserH FuLiinc FIisHMAN

* MARCH, 1942

Kentucky
Avenges Its First
| Lady

(Continued from page 25)

answer a little later when he recovered
from his grief enough to appear at the
chief's office.

“Marion was strong,” he said. “Strong
enough to throw the average 135-pound
man, She may have been getting the best
of those two. At any event, it’s possible
that she jerked the handkerchief from at
least one man’s face and recognized him

and thus sealed her death warrant and her

mother’s.” :

So far as Miley knew, however, Marion
Miley had never seen either Turner or
Scarborough. Nevertheless, Price was still
considering the possibility when Identifica-
tion Expert Maupin and McCord came in.
Their search of the death apartment had
yielded two gray, buttons which had been
jerked from one man’s coat in the struggle
with the girl. They also brought in two

_ slugs from a .380 automatic pistol and an

envelope on which a man’s fingerprint was
outlined in blood. Maupin had also lifted
nearly 50 additional fingerprints.

“But that’s not all,” McCord said in per-
plexity. “We found a glass bank on Mrs.

Miley’s bureau containing nearly $25 in. |.

coins and currency. Right out in plain
sight. Another $25. was lying in a purse up
in a clothes closet. And downstairs about
$60 in dance fees from last night were still
locked up in the cashier’s desk. Now you
figure that out for a robbery, if you can.
Add to it the fact that the Miley women’s
apartment door looked like every other
locked door in the house and that it’s hard
to find, yet the killer seemed to find it.”

On the face of matters something seemed
wrong with the robbery idea. Yet there had.
been no sex attack.
checked into Marion Miley’s past for a
possible other motive, they found nothing.
The murdered girl’s character was of the
highest and so was that of her mother. They
had moved only in the best circles. There
were no bitter enmities, no broken ro-

mances. Nowhere did their paths seem to.

cross those of the two hunted men.
Taking up the clue of the two buttons,
Captain Harrigan ordered a check of every
cleaning shop in the city on the chance of
tracing the owner, but that proved fruitless.
Mrs. Miley remained unconscious but
lived through that day and the next two.
While Lexington and. Fayette County
Officers methodically checked their clues
and waited for a break, the case became a
nationwide sensation. Kentucky’s Senator
“Happy” Chandler urged the state -patrol
to leave no stone unturned to catch the
brutal murderers. The Lexington Country
Club posted a-$1000 reward for their cap-
ture and conviction. State, county and
private subscriptions raised the amount to
more than $2,200.
Kentucky, land of honor and chivalry,
was utterly outraged. . 3
Every trace of Turner and Scarborough
seemed to have vanished. But other in-
quiries brought results. Two Lexington
men reported to Chief Price that a neigh-
bor, Tom Penny, had told them of a rumor
that more than $10,000 was kept in the
clubhouse at all times. They had inter-

preted Penny’s words as hinting for help

in a hijacking attempt. That had been more
than a week earlier and Penny had not been
seen in Lexington since that time, but it
was worth a check...
Marion Miley’s funeral was held the
morning of October 1 from St. Peter’s

And when the officers '

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Church. — Plainclothesimen mingled with
members of Lexington’s society and sports
world who attended, scanning every face
and its emotions.

Late that afternoon Mrs, Miley died of
her wounds. It was now double murder.

With the slugs removed from the bodies
of the two women, six bullets were lined
up across Chief Price’s desk. Four were
.380 caliber, two were .32’s, T hey matched
the size of the guns carried by Turner and
Scarborough.

The next morning Harrigan laid two
reports on the chief’s desk that brought
Price to his feet in sudden excitement.
One related that a two-tone blue Buick
sedan had been stolen in Louisville. The
other covered the arrest of two youths ar-
rested in Shelbyville, midway between the
two cities.

One of the youths had been noticed

loitering about taverns and pool halls in
Shelbyville for several days. The other had
traded in a green Essex sedan and had
been picked up at a filling station where he
had gone to service the Ford he had re-
ceived in the exchange. A search of their
hotel room had revealed a rubber mask,
a bluish-gray overcoat with two buttons
missing, and a newspaper which gave the
details of Marion Miley’s murder.
_ The two reports seemed to dovetail per-
fectly. Taking Harrigan and two other
officers with him, Price raced for Louis-
ville, pausing in Shelbyville just long
enough to request a thorough grilling of
the two young men.

In Louisville, however, the Lexington

officers received their first disappointment
of the trip. The stolen car had belonged to
a young business man, dapper Robert An-
derson, operator of the Cat and Fiddle Cafe,
a popular night spot on Louisville’s south
side.
‘ “The Miley murder car couldn’t have
been mine, I’m sure,” Anderson told them.
“Mine was only stolen sometime yesterday
and Miss Miley was murdered Sunday
morning, wasn’t she?” ,

“Where was your car stolen from?” Chief
Price questioned.

Anderson pointed ‘to the side street.
“Right out there. I parked it about 7
A. M. and locked it. When I went for it at
7:30 P.M. it was missing.”

Price saw that Anderson’s~ car could
hardly be involved. “I’m wondering
though,” the chief probed, “if you know
Tom Penny of Lexington.”

Anderson glanced at Price sharply.
“Yes,” he answered. “Slightly. He has been
in a couple of times recently wanting a
job, but I didn’t have one to give him.
What’s he been up to?”

“Nothing,” Price replied. “Nothing I

can put my finger on, especially if those -

two boys in Shelbyville pan out.”

But the two didn’t. Quickly identified as
runaway youths from Louisville, they were
soon cleared. Their fingerprints failed to
tally with any Maupin had found in the
Miley apartment.-

“The bird I want to talk to now is this
fellow Tom Penny,” Chief Price said on
Saturday, October 4. Seated in his office, he
was checking over the case with County
Patrol Chief McCord, Captain Harrigan
and Sheriff Ernest Thompson.

“Meaning ?”” McCord questioned.

“Meaning I've got a tip on where he
heard there was money in the clubhouse
and I want to check it.”

Despite the difference in dates, Price
could not shake off the hunch that the
theft of Robert Anderson’s car in Louis-
ville and the murder of Marion and Elsa
Miley in Lexington were somehow con-
nected. With the coming of autumn, there
was a strong chance that the criminals
would head south in their flight. Accord-
ingly, he put out a teletype pick-up all over
the South, following it with police fliers

asking officers not only to be on the wateh

for the Miley murder suspects but Ander-
’

sons car as well.

ESPONSE came before he expected.

On the morning of Thursday, October
9, the chief answered his telephone to
hear the voice of Sheriff Thompson.

“The chief of police at Fort Worth,
Texas, just called long distance !” Thomp-
son exclaimed. “They’ve got two men who
answer the description of Marion Miley's
killers, and they were arrested in Ander-
son’s car. Two detectives picked them up
last night in downtown Fort Worth while
watching for out-of-state cars that might
have. been mixed into an $8000 robbery
down there. One of these birds is Tom
Penny !”

“Who's the other?” Price demanded.

“Some fellow who says he’s from Jack-
sonville, Florida, name of Leo Gaddis. He’s
short and swarthy.”

Late on the afternoon of October 11,
Chief Price and Sheriff Thompson sat in
Fort .Worth police headquarters, facing
Chief of Police Karl Howard across his
desk.

“Penny admits stealing the car,” Chief
Howard told them, “but both he and
Gaddis deny being mixed up in the Miley

a

murders.

“We'll ask them a few questions just the
same.” Price’s eyes narrowed as he con-
sulted a card which he drew from his
pocket. “Here’s the record: Tom Penny,
33, minor ‘police record as early as 1925,
Sentenced in 1930-to 20 years for shooting
two grocery clerks in a holdup attempt.
Paroled February, 1927. Gaddis, ‘two one-
year prison terms previous to 1924, Sent

_ up for 20 years in 1924 for robbery of the

Bank of Gamaliel, Kentucky. Sentence
commuted, to 10 years in 1930; paroled in
February, 1932. Back to prison in March;
1933 for larceny—two years, but paroled
in 1935,” ;

“Not much of a start for a Sunday
school class,” Howard admitted.

“Anybody with them when they were
picked up?” Prite asked. ;

Howard nodded. “A girl they picked up
in Jackson, Mississippi, and a small-time
pugilist named Hoffman but who calls him-
self Jack Dempsey. We released the girl,
but we’ve got a watch on her. Hoffman ad-
mitted coming into town with Penny and
Gaddis and wiring for money for them
while they were on the road.”

Hoffman, the young pugilist, was brought
into the office. Questioned, he said he had
been stranded in Jacksonville when Penny
and Gaddis picked him up. The wire for

money had been sent in his name, but at.

Penny’s suggestion,. from Jackson, Mis-
sissippi.

“To whom did it go?” Price demanded.

“Some guy named Robert Anderson at
the Cat and Fiddle Cafe in Louisville,”
Hoffman replied.

Chief Price and Sheriff Thompson ex-
changed stares. “Anderson!” the sheriff ex-

 ploded.

Hoffman nodded. “I signed my own
name and asked him to send $15 because of
loss by fire. The money come back that
same night.”

Price’s mind was racing back over the
whole affair, especially his interview with
the Louisville cafe man. “Anderson’s got to
have an awful good reason to put out
money to a name he doesn’t know,” the
chief snapped. “[’ve thought all along there
was something phony, and now I’m sure of
it. Let’s talk to Gaddis and Penny.”

The two men were brought. in singly.
Penny, tall, gaunt, lantern:jawed and with
hard blue eyes, cheerfully admitted the car
theft. Too cheerfully, Price thought. But
he denied knowing more of the Miley case
than what he read in the papers. Gaddis,
swarthy and the older of the two, swore

INSIDE DETECTIVE

a ON ad ss cin

tetas et


1 dehy

at the Lexington club, had been employed for a year in a’
similar capacity by a swank Cincinnati, Ohio club. “I tele-

better get here. I expect him almost any time,” McCord added.

Price nodded. One more task remained here at the club-
house—an intensive search of the apartment for possible clues.
But that would result in blurring any fingerprints left by the

shortly to attend to the prints.
-. Price jerked his head at Captain Harrigan. “Let's get back
to headquarters,” he said.

-

‘known to go in for golf and dancing.
_swarthy' and dark. At last reports, they had been armed,
_with a .32 rifle and a .38 automatic pistol and were traveling

phoned him and told him there’d been an accident and he’d -

killers. Identification Expert Guy W. Maupin would be out »

As the two left the clubhouse, Harrigan glanced at the Sun-
day morning paper on the porch.

“That was delivered between 2:30 and 4:30,” he remarked.
“T want to talk to the boy who brought it.”

Tracing him was comparatively easy since the newspaper
staff had been re-assembled to handle an éxtra on the shock-
ing crime. Open-faced, bespectacled Homer Cramer, 17, ap-
peared almost as soon as the two officers returned to Chief
Price’s office from breakfast.

“Everything was all right when I was there about 3:40,”
he told them. “The clubhouse was dark and three cars were
parked out in front.”

“Three?” Harrigan barked. “Where do you get three?”

“Marion Miley’s, her mother’s and a two-tone blue Buick
sedan. A 1940 model.”

Price thumped the desk with his fist. “That was the mur-
derers’ car!” he exclaimed. “And do you know what that
means? Those fellows were sure- enough of themselves that
they spent more than an hour inside the clubhouse. Now whose
car did this boy see?”

“Probably one that was stolen,” Harrigan growled.

Hastily calling for all stolen car reports from both Lexing-
ton and out-of-town, Price searched through them with Har-
rigan’s help. No two-tone blue 1940 Buick had been stolen,
but halfway through the pile the two officers turned up one
report that made them gasp. .

Two men, Forest Turner, 24, and Sim Scarborough, 41,
were being hunted through Kentucky for an automobile theft
and four hijackings in Georgia. Turner, tall and slim, was
Scarborough was

in a green sedan.

Harrigan stared at his chief through narrowed eyelids.
“Those birds seem to fit this case!” he exclaimed: softly.
“Everything but the car, and if they stole one, there’s noth-
ing to prevent them having stolen another dne! Look. Turner
could have hung around those club grounds for days and no-
body been the wiser if he was careful.. No wonder the job
was cased.” on *

’ Chief Price snapped out orders. Within a few minutes mes-

sages were going out by teletype and short wave radio to
every corner of Kentucky. Suspicion of murder was added
to the count against Turner and Scarborough and the hunt
was on in grim earnest.

The chief knew, however, that as matters stood he had
nothing definite against the men. He followed his first mes-
sage with others asking that every stolen car in the state be
reported to the Lexington. police and that used car transaction
involving either a green sedan or a two-tone blue Buick sedan
be reported by the dealers. That done, he ordered an im-
mediate round-up and questioning of every employe of the
Lexington Country’ Club.

As the day progressed, news of Marion Miley’s murder
went out by press wire and radio, shocking not only the 45,000
residents of Lexington, but the whole nation as well. Mean-
time, none of the club employes recalled seeing anyone re-
sembling Turner and Scarborough, but .Price and Harrigan

- filled in something of the picture of the night before.

Cobb, the bartender, and Thomas, the head waiter, both
related that after checking the bar receipts, Mrs. Miley had
sat talking with two couples who lingered after the other
guests. Cobb left first, then Thomas had gone to the base-
ment, changed his clothing and left by the rear basement door.

“The door where the murderers came in,’ Harrigan said.
“Do you carry a key to that door?”

Thomas shook his head. “No, sir. It’s got a spring lock.

I just pulled it shut and went home.”

“But did it lock?” Price quizzed.

“T reckon it did.”

. After Thomas and Cobb had left, Chief Price
deeply.

“Tt looks like the two killers had some inside cooperation,”
he mused. “And maybe some inside misinformation. "Turner
and Scarborough aren’t the type to pull a robbery unless they
think there’s something more in it than what that job yielded.
But here’s what's got me guessing. Why should the murderers
have been so set and so savage in killing Marion and then her
mother when Mrs. Miley apparently didn’t know either one of
them ?” : ..

Frank Miley suggested a possible (Continued on page 53)

pondered

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_ing that two-tone car of his.

that Penny had picked him up in Louisville
for a trip south in search of work, and
that he had not even known the car was
stolen.

No amount of questioning could shake
either man. But the three officers had a
better trick up their sleeve. Sending Penny
and Gaddis back to their cells, Chief
Howard telephoned the officer detailed to
watch the girl who had been picked up
with the men.

“Bring her in,” Howard ordered.

The rather faded blond young woman
was shown in less than half an hour later.
Chief Howard eyed her sternly as he
pointed to a chair. ‘Now tell us the whole
story,” he said.

The frightened girl burst into a torrent
of words. Confirming Hoffman’s story of
the telegram for money, she told the officers
that she had not realized that anything was
wrong with either the two men or the car
when Penny had offered her.a ride in Jack-
son. Needing to get to Fort Worth, she
had gladly accepted.

“But I saw something was wrong and
Penny knew I saw it,” she said. “I got out
at a little Louisiana town to mail some
postcards. He followed me into the post
office and told me that he had murdered
Marion Miley and that Gaddis knew he
had. He was afraid Gaddis would check
out on him and sing to the law and he
threatened to kill Gaddis if he made a
move to leave.”

That was what the officers had been wait-
ing to hear. Ordering her lodged in jail,
Howard sent for Penny again. As the tall
ex-convict came into the room, Price stared
at him coldly.

“I just wanted you to know that we
talked to Gaddis and know what the lay-
out is,” the chief said. “Now go back to
your cell and stew in your own juice. We'll
talk to you some more tomorrow.”

UNDAY, October 12, found Penny al-

most clamoring to talk. Led into Chief
Howard’s office, he dictated a confession
with little urging. °

“I’ve known Robert Anderson for about
seven years,” he said. “That's why I got him
to go in with me. He’s an ex-convict him-
self. Served time for liquor law violation.”

“You mean,” Price demanded, “that you
and Robert Anderson killed Marion Miley
and her mother ?”

“We sure did. Gaddis didn’t have any-
thing to do with it. I picked him up when
I left Louisville. 99. ~

“T’d heard there was around $10,000 in
the Lexington Country Club and nobody
guarding it except Mrs. Miley. I used to
deliver beer there, so I knew something of
the layout. And I knew that Anderson
needed some money.

“The night of September 27, Saturday
night, I met Anderson down at Brook and
Market Streets in’ Louisville. He was driv-
I got in and
we started toward Lexington and I laid the
deal out for him. He liked it.” .

In the next two hours, Penny said, the
two of them planned the robbery.

“About 1:30 we drove out to.the club-
house and parked close to a couple of cars
in front. We went around and in the
back door and I pulled the light switches.
Everything was quiet by then and-we went
all over the clubhouse locking for the
money.

“We knew somebody was sleeping up-
stairs, but the door to that apartment was
locked. Anderson said he’d go get some-
thing to open it. He got two pistols from
his car and gave one to me. Then he got
the weight for smashing the door from the
kitchen and knocked in the panel, then put
his hand through and turned the knob.

“Somebody tore into us even before
Anderson got in, There was a bunch of
screaming and scuffing. Just as I got into

MARCH, 1942 »

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the hall, something hit me on the chin and
I went down. Then somebody grabbed me
by the neck. I struck back with my gun
and it went off.”

His story of the meeting with Mrs.
Miley was essentially the same as she had
told it before her death. After getting the
money, he said, he and Anderson went back
downstairs and divided it, then drove to
Louisville.

“What about the guns?” Sheriff Thomp-
son questioned,

“T put them in the cloth sack that held
most of the money and threw them into
the Ohio River,” Penny replied.

Two'days later, Penny said, Anderson
became alarmed at the publicity given the
blue Buick and asked him to get it out
of Louisville.

“And then he had. to go.and report it
stolen!” the confessed slayer snorted.

With this information, Chief Price rushed
a telegram to the Louisville police and at
mid-afternoon the same day, Sunday, An-
derson was picked up at his cafe and lodged
in jail. When the officers dressed him in,
they noticed the marks of a woman’s teeth
on his thigh, the scars of a savage bite.
Anderson tried to explain the mark by say-
ing that he had been bitten by a prostitute
in Louisville on the night of September
24, but a quick check-up showed that ‘he
had not gone to a doctor for treatment of
the wound until two days after Marion
Miley and her mother had been murdered.
What was more, the pitiful remains of the
dental work found on the floor of the Miley
apartment fitted exactly into the wounds.

When the officers returned with Penny
on October 15, Anderson had been moved
to jail in Lexington where’ he continued to
deny all knowledge of the crime. He
claimed to have left his cafe only once be-
tween 8 p.M. and 2 a. M. on the night. of
the murder, and that was to go to a liquor
store for a case of whisky. However, in-

tensive questioning by both Louisville and
Lexington police failed to disclose a single
person who had seen him at the liquor
Store. But they did find a man who had
sold him a flashlight during that lapse
of time.

With Penny’s confession, Gaddis, Hoff-
man and the girl were exonerated and re-
leased in Fort Worth. Meanwhile, the
Kentucky officers received word that Turner
and Scarsborough, also exonerated of the
Miley murders, had been arrested in Georgia
on other counts. But Price was not satisfied
with his case.

“There’s an insider, someplace, in the
picture,” he insisted. “Somebody who knew
more about *that clubhouse than either
Penny or Anderson.”

The story of a young married couple who
slept in a trailer on the club grounds gave
him the wanted lead when they reported
having seen two men talking together near
the blue Buick car on the night of the
murder. One of the men was Anderson.
The other was Raymond “Skeeter” Baxter,
the greens tender.

The morning ‘of October 17, Price ques-
tioned Penny again. “Why don’ t you come
clean and tell the rest?” the chief demanded
coldly ‘Baxter was the finger man, wasn’t

e ”

Penny stared at the officer a moment,
“That’s right,’ he admitted. “He said there
was a fortune in the house. Someplace
around $10,000. He seemed to believe it.”

Within an hour, officers arrested Baxter
at his home near the club. Brought to head-
quarters, the undersized greens tender broke
quickly. Also.-naming Robert Anderson as
Penny’s accomplice, he admitted that he
had been the lookout and was supposed to
furnish a key to the back door of the club-
house. Failing, he helped Anderson and
Penny through a window and stood guard
outside until they feturned through. the
back door which they unlocked from the .in-


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touch” was turning into a roaring fiasco. “There'll be

anywhere from three to five grand receipts from the
week-end business and the dance,” the finger man had said, “and
only those two dames to guard it.” So the two ex-cons broke into
the Lexington Country Club, cut the telephone line, threw the
master electrical switches, and then softly made their way up-
stairs to the apartment of Mrs. Elsa Miley, the club’s manager.

Before they quite knew what went wrong, a woman scream-
ed and vaulted out of bed. The man in the lead caught only a
glimpse of her nightgown-clad form in the moonlight shafting
through the window before she threw herself upon him with a
fury that took him completely by surprise. In another second
another woman, pajama-clad, burst from the door of a second
bedroom and sprang at the other intruder.

Now the still darkness of the rolling Kentucky countryside
was shattered by the shrill cries of the women, the angry curses of
the would-be robbers, and the crashing of furniture knocked
over by the struggling figures. Suddenly, from the pair nearest
the door, three shots rang out in quick succession. Taking the cue
from his mate, the other ex-con unlimbered his automatic and
fired twice. Immediately following the gunfire was the sound
of a body collapsing on the floor.

“Damn! That dame was chewing a hunk out of my leg!”
muttered an angry male voice.

“Never mind that,” his companion gasped. “Let’s find the
dough and get the hell outa here—fast!”

A flashlight beam pierced the darkness as its holder pulled

T:: JOB that had been described in advance as a “soft

i

open drawers. “I’ve got it,” he said, holding up a canvas bank
moneybag tied at the top.

“It doesn’t look like much,” his confederate said. “Maybe
there’s another one.” :

After a few more moments of feverish searching, during
which they pulled out every drawer in the place and dumped the
contents unceremoniously on the foor, they made a hasty exit. As
they fled they saw that one of the women—the younger one—lay
still as death. From the other woman came the sound of labored
breathing.

The time was 2:25 a.m., just a few hours before dawn on Sun-
day, September 28th, long before early golfers would show.

Two hours and 20 minutes later the desk sergeant on duty at
Fayette County patrol headquarters in Lexington received a call.
The sergeant managed to get the caller’s name and address—
“across the highway from the country club—” and then he heard,
“Send police right away. Mrs. Miley’s been shot and she says her
daughter is hurt bad.” The caller was frantic.

The sergeant broadcast the call to cars cruising in the area and
within minutes a country patrol car sirened into the driveway. In-
side they found the neighbor hovering over a graying, middle-
aged woman stretched on a couch, blood seeping through the
fingers of her hands, which were pressed to her abdomen. Blood
also trickled through the gray hair from a wound on her head; her
face was mottled with angry bruises.

She opened her eyes at the sound of the policemen’s entry and
managed to gasp, “Hurry—my daughter Marion—hurt— over at
the club—upstairs.”

One of the officers started to leave for the club, but another
cruiser pulled up as he stepped outside and he told them to get
over there. He returned to assist his partner in caring for Mrs. Elsa
Miley until an ambulance arrived. She was trying to describe

“

When the Kentucky detectives put it all

together, they had nailed down solid evidence which

would show that a “soft touch” burglary plot was blown

sky high by a couple of scrappy women who fought
like tigresses for their lives...and lost

36

TRUE DETECTIVE, December 1975


of the club said. “Saturday night dances mean extra help,
and of course a band. After everybody was paid off, Mrs.
Miley might have a couple of hundred dollars to go into
the box—or even less than a hundred. It varied.”

This information seemed to conflict with the otherwise
inside-job nature of the crime. An insider would have
known how much cash to expect as a haul; he certainly

small a job and thereby lessen his own take.

“Nothing seems to add up in this case,” Price told Sheriff
Thompson. “About all we can do is have everybody finger-
printed, question all the people who were here, or who live
near here. If the crime lab can’t come through with some-
thing, it’s up to the legmen and the officers searching the
grounds.”

Reports were largely negative. Search crews checked in
with reports of no suspicious footprints or tire tracks, no
clues on the grounds outside the club at all. Canvassers in
the neighborhood likewise rang up zero for all their door-
knocking and questioning. Nobody had heard anything that
might be important to the investigation. No car, no shots,
nothing.

One by one, the officers completed their assignments at
the country club and began to return to headquarters, to
patrols or to crime labs. Patrol Chief Will McCord was
rolling down the drive to the highway when he jammed on
the brakes and got out to inspect the club’s large mailbox.
The thick Sunday edition of a morning paper stuck out
from the box.

“When was this delivered?” McCord asked. “Police have
been here since before six o’clock this morning. Did any-
one see the paper boy bring it.”

_ McCord kicked into action several detectives who ques-
tioned other officers still on the premises about the arrival
of the paper boy. Those who had already left were also

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wouldn’t have cut in another two men on so risky and '

He possessed “inside” knowledge.

Ne’er-do-well,

contacted, by telephone or police radio. The answers were
all negative. None of the many policemen who had thronged
into the country club grounds and building had seen the
paper delivered. McCord drew an important conclusion.

“Then it was delivered before the police arrived,” he de-
cided. “It’s quite possible that the paper boy came at the
same time that pair of killers hit the house. Get hold of him
immediately!”

It turned out the paper deliverer was not a boy, but a
young man. He had covered his route in a small pickup
truck, delivering the paper to the country club shortly be-
fore five that morning.

“Did you notice anything unusual?” McCord asked.

“Yes,” the paper man replied. “It was long after the dance
usually ended, but there were still three cars in the drive-
way. One was Mrs. Miley’s and the other was her daughter’s.
The other car I never saw before—a big, blue and gray
sedan. A brand new Buick, I’d guess.”

The youth added that a door, the driver's, had been open
on the Buick. A light was on in the apartment above the
club.

The two cars belonging to the women had been there
when police first arrived, but not the Buick. An all-points
alarm was flashed over the police teletype network for a new
1941 Buick sedan, possibly with two occupants, color: blue
and gray. McCord then ordered that all local Buick dealers
be checked as soon as possible for recent sales of blue and
gray sedans. But it was Sunday, and car dealers were closed,
so this important angle of the probe had to be delayed until
the automobile dealers opened up the following day,

DETECTIVE CASES

Man, I., reported car stolen.

IEUTENANTS Hoskins. and Harrigan had meanwhile

traced the missing country club cook, Ken Simpson, to
a rendezvous with an amorous young lady in a motel.
Simpson’s auto had been hidden half a mile down the road
from the motel, where he had registered as Mr. and Mrs.
with his companion. The motel operator had checked Simp-
son in at about ten on the previous evening.

“He claims that to his knowledge Simpson didn’t leave
the place last night at all,” Harrigan told Chief McCord.

Reluctantly, Simpson gave the telephone number of his
girl friend. A brief conversation with her convinced the
chief that Simpson had indeed remained in the cabin all
night. With this alibi confirmed, the entire roster of country
club employees was exonerated in the case.

“All it proves,” McCord told his lieutenants, “is that none
of the employees actually participated in the murder. We
still have to clear them as far as fingering the robbery to
outsiders is concerned. And that, you can bet, will be a
tougher job.”

Early on Monday morning the tough job was tackled.
Detectives asked Lexington auto dealers about the recent
sale of a blue and gray Buick. Others checked hardware
stores, pawnshops and sports stores for sales of a .32 pistol—
the death bullets had been established as of that caliber by
the autopsy—and a .38 automatic, or ammunition for either.
Hoskins and Harrigan covered the dry cleaning and tailor
end of the case, showing the torn-off button and the thread
and small fragment of material in the hope someone would
recognize it. Fingerprints of all the employees were taken
and the crime lab (Continued on page 52)

43


for the callous crimes the couple had
committed?

The answer was No!—and came from
all sides in a growing wave of protest.
Consequently, New York offered to
take over—where the “chair” yawned to
exact revenge for Mrs. Fay.

Michigan then acquiesced, on the
condition that if the Empire State failed
to put the slayers to death, they'd be

returned to stand trial in Grand Rapids.

Fernandez and his mistress were
flown to Mineola, New York, on March
15th and indicted there for first degree
murder on March 2nd. A day later they
pleaded innocent by reason of insanity.

Defense attorneys tried to show Ray-
mond Fernandez was insane because of
a shipboard accident; and that Martha
Beck was also insane because of her

pathological obsession with sex. The
jury thought otherwise. They found
them both guilty of murder in the first
degree. Raymond Fernandez and Mar-
tha Beck died in the electric chair at
Sing Sing on March 8th, 1951. o

Editor's Note: The names Marcia
Taney and Leona V. Palmes are ficti-
tious.

BULLETS AFTER THE DANCE

(Continued from page 43)

began to check these against the dozen
or so prints found in the murder room.

Sheriff Thompson, Chief Price and
Chief McCord, the heads of the investi-
gative departments concerned with the
murder case, were dismayed as the
completed reports came in from_ all
quarters. No blue-gray Buick sedans
had been sold in the Lexington area
recently. No tailor or cleaner could
identify the brown button, thread and
cloth. The only fingerprints in the death
room proved to be those of Marion

Miley, the victim, and her mother,
Elsa Miley. Late Monday night the
final flash came in from the hospital,
to make things even worse. Elsa Miley
had died of her gunshot wounds, mak-
ing the case a complicated one of double
murder.

On Tuesday morning the chiefs put
the spurs to the investigation. New ef-
forts were made; old angles rechecked.
Nothing clicked for a lead. Then a man
with a reputation as a heavy drinker
entered Chief McCord’s office to volun-
teer some startling information.

“A guy propositioned me about hold-
ing up that country club,” he said.

It was a bombshell, and it blew the
case open—to a point where good detec-
tive work might carry the solution
through the wall of mystery.

“Who was that man?” McCord de-
manded.

“Tom Penney.”

An immediate “Wanted” bulletin was
issued on Tom Penney. His record was
found in police files and studied care-
fully. Penney was in his early 30s, the
son of a fairly wealthy family, but a bad
apple. He had done time for auto theft
and armed robbery and was currently
out on parole. The auto theft conviction
started police speculation that the Buick
seen by the paper man might have been
a stolen car. While theft records were
being checked to cover this new angle,
detectives who had fanned out in a
wider area called into headquarters to
report that they had found a dealer, in
Louisville, who had recently sold a blue
and gray Buick sedan to a nightclub
Operator named Robert H. Anderson.
A quick rundown of late police bulletins
revealed that on the previous Saturday,
the night of the double slaying, Ander-
son had reported his Buick as stolen

52

to the Louisville police.

“That’s the getaway car, all right,”
Chief McCord decided. “We've got to
locate that car somehow and tie it to
this Tom Penney.”

Detectives armed with stock photos
of the new Buick sedan models and
with mug shots of Tom Penney began
to canvass the countryside around the
Lexington golf links. A week passed
with no new developments. No one had
seen the Buick—or Penney. He was still
listed as wanted by the police, but was
suspiciously among the missing.

On October Sth a woman patron of
a tavern down the highway from the
country club peered closely at Penney’s
photo and nodded to a detective. “Sure,
I've seen that guy before,” she said.
“About a week ago—on September 28th,
it was—I was outside talking to a friend

when this guy pulled up in a flashy car.”

“What kind of a car was it?”
She shrugged. “I wouldn’t know for

‘sure about such things. My friend—

man, naturally—said it was a Buick. I
think it was blue, or maybe blue with
some gray parts.”

The detective pressed for more in-
formation. The girl thought a while,
then told him that the driver of the
Buick had done considerable drinking
at the bar, His tongue had been loosen-
ed by the liquor and he started gabbing
to several people near him. “He said
something about going out West,” she
recalled. “Then another guy came in
and I saw this guy who owned the
Buick pass him some cash.”

“What was this newcomer like?”

“Not my type at all,” the girl said
slowly. “Dark tanned from outdoor
work, I guess: Long, thin kind of nose
and silly looking eyes—sleepy looking
eyes. Kind of guy who'd never have a
buck.”

The detective burned up the road be-
tween headquarters and the tavern. Mo-
ments after he arrived and reported his
findings to Chief McCord, the police
teletype began to click out an alert to
law agencies in western states. The
descriptions of Penney and the Buick
were given in detail. Bulletins stated
that Penney frequented taverns.

McCord instantly called in Chief
Price and Sheriff Thompson. The iden-
tity of the tanned man with the long
nose and sleepy eyes was quite obvious
to the officials. The girl’s description
fitted Skeeter Baxter like a_ portrait
painting.

“So Baxter was the finger man, the

inside guy,” Chief Price said. “He met
Penney at the tavern on the 28th for the
pay off, and got it. We can hook Baxter
in solidly by the girl’s confronting him
and identifying him. Before we do that,
though, I think we’d better nab Pen-
ney.”

HE police teletype clattered more

frantically in the next few days. One
of these bulletins clicked out into the
headquarters of Chief Carl Howard of
Fort Worth, Texas. It was circulated to
uniformed officers and members of the
detective bureau. On October 8th, De-
tectives Ed Smith and Theron Brooks
entered a Fort Worth tavern as a mat-
ter of routine procedure. Brooks dug
an elbow into Smith’s side.

“That character with the evasive
eyes,” Brooks whispered. “He matches
the description of the killer wanted by
Lexington police.”

Smith casually glanced toward the
suspect. “And there’s a blue and gray
new Buick sedan parked outside this
joint. We better move in on him quiet-
ly.”

The suspect suddenly got up from
his bar stool and made hastily for the
exit. Detectives Smith and Brooks grab-
bed him. Fists flew briefly and then were
snuffed together with handcuffs.

Twos days later Police Chief Price
and Sheriff Thompson drove to Fort
Worth to pick up Penney—for it was
the fugitive—and the Buick. Back in
Lexington the Buick was searched from
radiator cap to gas cap, and technicians
turned up several loose cartridges. Bal-
listics tests matched these shells perfect-
ly with the .38 slug found in the murder
room. Faced with this proof pressure,
Tom Penney spilled.

He fingered the third man in the con-
spiracy: Robert H. Anderson, the night-
club operator who had reported his
Buick as stolen.

Penney was bitter, and that was why
he talked. “Anderson double-crossed
me by reporting the car stolen. It was
his idea in the first place to knock off
the country club—but he said it would
be a big haul. We got a measly hundred
and forty dollars.”

The suspect revealed that Anderson

had a contact at the club, Skeeter Bax- .

ter, who told them where the cash was
kept. Anderson had loused it up all
around, Penney said. The nightclub
operator had knocked over a lamp,
which made Elsa Miley come into the
living room to investigate. When she

DETECTIVE CASES

had screamed, Penney admitted, he had
pumped three slugs into her to keep
her quiet.

“Then this young girl comes out and
surprises us. She’s a tigress, and climbs
all over Anderson. He can’t get away
from her—so he gives her the bullet in
the head.”

Robert Anderson was immediately
taken into custody by Louisville police.
A search of his rooms turned up a
brown jacket—with one button missing.
Pistol sales in the city were checked
and linked Anderson to the purchase of
a .32 pistol. Against this evidence and
Penney’s story, it was useless for An-
derson to deny his guilt. Tom Penney,
Robert Anderson, and the fingerman,
Skeeter Baxter, were arrested and all
three were charged with first-degree
murder.

On December 12th, Penney’s trial
ended with a death sentence. Four days
later Anderson listened to the same
words of doom. Later that day Ray-
mond “Skeeter” Baxter was also given
the death penalty for his part in the
slaying—even though he had not pulled
a trigger he was considered equally re-
sponsible for the deaths of Marion and

“Elsa Miley.

In quick time, on February 23rd,
1943, these three murderers were seated
in the electric chair at the Kentucky
State Penitentiary in Eddyville. The
chair made it in par—one stroke of the
switch for each of the country club
killers,

Editor’s Note: The name Kenneth Simp-
son is fictitious.

DOUBLE DATE ON SATURDAY NIGHT
(Continued from page 31)

of Yeager’s whereabouts. Then he drove
to Hamlin, routed a local physician
from his bed and took him to the spot
where Faye Yeager lay dead in her
husband’s automobile.

HE BODY was taken to a funeral

home in West Hamlin where the
doctor, after a preliminary examination,
gave it as his opinion that Mrs. Yeager
had died some time between 8 and 10
o'clock on Saturday night. Arrange-
ments were made to return the dead
woman to Huntington, where relatives
would arrange for the funeral.

It was now 3 o'clock on Sunday
morning. The woods where Morris
Yeager was presumably hiding were
dark and thick with trees. It was ob-
viously impossible to flush the fugitive
out in the pitch dark. Prosecutor Wood-
all sent out word calling off the man-
hunt until the following morning.

The officers drove to their respective
homes and, in all probability, fortified
themselves with hot coffee before they
climbed into their warm beds. But such
luxuries were not for a fugitive from
the law who has committed a double
murder.

Morris Yeager sat, shivering in the
woods, The night was cold and damp
and the wind was raw. There was no
moon and clouds obscured the stars in
the sky. Morris Yeager was hungry and
half frozen. Moreover, he found him-
self without cigarettes.

Exactly what his thoughts were, at
that moment, are not known. Had his
jealousy which had caused him to kill
two people abated? Was he remorseful
at having ended the life of the woman
whom he had, at least formerly, loved?

Perhaps his brain was numbed by
the enormity of his crimes or, perhaps,
his utter physical discomfort had pushed
all thought from his mind.

DETECTIVE CASES

He wanted food badly and he wanted
warmth but, most of all, he wanted a
cigarette, He moved slowly through the
darkness, like a man swimming in a
black sea. But he had been born and
raised in this area. He knew the woods
and he knew the farms which existed
on the perimeter.

It was 5 o'clock on the bitterly cold
morning of Sunday, November 12th,
when Morris Yeager emerged from the
woods and headed for a white frame
farmhouse .on the other side of Big
Creek Road. A single light burned in an
upper story window.

Yeager drew a deep breath. He knew
who was in that room. He knew that
George Hanxing was getting up at
dawn, as he had done for two decades,
to attend to the morning chores.

Yeager approached quietly. He
stooped, picked up a pebble and tossed
it lightly against the upper story win-
dow. There was no response. Yeager
tried again.

Now, the window opened cautiously
and a graying head thrust itself over
the sash. A voice said, “Who's there?”

“Me. Morris Yeager. George, come
down and bring me a cigarette.”

George Hanxing blinked and closed
the window. He had known Morris
Yeager for almost all his life. They had
been boys together; they had roamed
the woods, hunted squirrel, smoked
their first surreptitious cigarettes to-
gether, and done all the other things
that are done by boon, teenage com-
panions,

George Hanxing had not seen Morris
Yeager for half a dozen years. Nor had
he heard of him until the previous night
when news of the fugitive and his
crimes had been broadcast over the
Branchland radio,

Hanxing threw on a heavy bathrobe.
He walked downstairs. On the hall table
stood the telephone and a carton of
cigarettes. Hanxing hesitated. Should
he call the police? Should he, for the
sake of auld lang syne, take a pack of
cigarettes out to his erstwhile friend?

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> THE BEST OF TRUE DETECTIVE

| | Another Classic in TD’s Golden Anniversary Series

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Penney shook his head. “No. The guy
who reported the Buick stolen.”

McCord, flanked by Thompson and Price,
looked astonished, “You mean Anderson?”

“That’s right, He’s the smart guy who
figured this one out.” Penney sneered. “A
big-time operator Big dough, he said.” He
snorted. “A lousy hundred and_ forty
bucks.”

McCord picked up the phone and called
Louisville police and asked them. to pick
up Anderson right away. He sent Hoskins
and Sellers off in a patrol car to make the
transfer of the new suspect to Lexington.

Then Penney went on, his story express-
ing disgust and contempt for his confeder-
ates, but not one shred of remorse for his
crime. “I met Anderson on the night of
September twenty-seventh and we went
out. and had a few drinks. I told him I
needed dough—I wanted to pull a job. Then
he mentioned something we’d discussed
once before—knocking off the Lexington
Club.” The tall, thin crook laughed sardoni-
cally. “Big deal. So I said okay and then he
told me he had a man out there—Skeeter
Baxter.”

McCord pounded his desk, but didn’t say
anything, and Penney went on.

“Skeeter fingered the job, telling us when
the time was right. So on that Sunday
morning we drove up, parked the car in the
drive and went to the window Baxter had
fixed so Mrs. Miley couldn’t lock it, He
wasn’t with us—we agreed he had to set up
a 00d alibi—so Anderson and I went in
tovether, Then we get upstairs and the dope
knocks over a lamp and the lady, Mrs.
Miley, comes out in her nigghts¢(own--and so
I got to slug her so she won't scream and
my gun goes off by accident.”

“Three shots is no accident,” McCord
said.

Penney swallowed, his face turning
whiter than ever. “And then this Miss

Miley she comes out and surprises Bob,
She’s like a demon and I think we'll never
get away. He’s still got her teethmarks on
his leg. I get the cash box but she won't
let go of him. And so he lets her have it.”

In a matter of hours, Anderson was
brought in to be subjected to the same ver-
bal inquisition, as was Baxter. After Pen-
ney’s story, which was later checked on and
corroborated as to meeting places and as-
sociations, it did the other two no good to
deny their complicity. In Louisville, to
clinch matters, a .32 pistol purchasc was
traced to a man who had sold the sun to
Anderson,

And in his closet at home, a brown jacket
was found—missing one button, the button
the police had.

Baxter had fired no shots, he had par-
ticipated in no violence. He had merely
planted the kiss of death on the two women
who had befriended him.

On December 12th, 1941, Penney’s trial
was over. Charged with murder in the first
degree, his efforts to get mercy for his con-
fession to the state failed, and he was sen-
tenced to death in the electric chair. On
December 16th, Anderson received the
same sentence,

Later that same day, after he had thrown
himself gibbering and crying on the mercy
of the court, Skeeter Baxter, who said, “I
didn’t do nothin’. I only told them where
the money was,” was also given the death
penalty.

Robert Anderson, Tom Penney and Ray-
mond Baxter were electrocuted at the Ken-
tucky State Penitentiary at Eddyville on
February 23rd, 1943.

Eprtor’s Norte:
The names Danny Witter, Ed Farrell
and Amos Morgan are fictitious.

MYSTERY OF 'THE MISSING FAMILY

(Continued from page 53)

without trace, and already the trail was
three months old.

He questioned farmers, storekeepers,
bootlegyers. From all reports McGehee
had been in no trouble that would have
forced him to flee the county. Insistently,
his thoughts went back to the Patton farm.

He went back there in person three
weeks later when the Rangers reported
that they had been unable to turn up
hide or hair of the MeGehee family.

At the farm he got a break. Patton was
out and he had a few minutes alone with
the sultry Sally Lou. He questioned her
adroitly. She was not too bright. Surely not
bright enough to lie convincingly, and
when he had finished with her he was
reasonably sure that she knew nothing
about the missing family.

With the woman trailing behind him, he
started on a tour of the house. Sparsely
furnished with broken-down furniture, the
rooms told him little until he came to the
second bedroom at the rear of the house.
The bed here was made, as opposed to the
one in the other bedroom which was a
shambles of sheets and blankets. But this
detail was not the thing that interested
the sheriff. He was interested in the pat-
tern of buckshot that punctured the wall
alongside the bed.

He was diligently prying out a few pel-
lets with his jack-knife when a deep voice
drawled from the doorway: “Looking for
something, Sheriff?”

Sweeten turned. George Patton was

lounging in the doorway, his hand tight

around the barrel of his shotgun.

“Yeah,” Sweeten answered, matching
drawl for drawl. He hefted three flattened
buckshot in the palm of his hand. “Mind
telling me how these got in your wall?”

Patton shifted his quid of cut pluy. “Not
at all, Sheriff,” he said without changing
rcs “Shot at a cat one night. Missed

im.”

“The shot are waist high. What was the
cat doing, climbing up the wall?”

“Reckon he was.”

“Was this the room the McGichees slept
in?”

Patton nodded.

“George,” said Sweeten sharply. “Did
you kill the McGehees, here in this room?”

Patton did not bat an eye. “Not so fast,
Sheriff,” he said. “Who says anybody
killed the McGehees? You got the hodies?”

Patton hefted up the shotgun and made
a great show of examining the stock. “Then
1 reckon, Sheriff, I got to ask you to 0.”

“Phat’s okay by me, Georsie,” replied
Sweeten evenly. “But you're going with
me.”

Patton raised his eyes from the sun and
glanced sharply at the sheriff. ‘Vhen he
shrugged and turned to Sally Lou, who
was hovering behind him. “You heard what
the sheriff said, honey. Go fetch me a
clean pair of jumpers.’

George Patton’s arrest took place on
March 21st, 1933. Sweeten threw him into
a cell, saw that he was well-supplied with
cut plug and then let him stew while he
and a hastily assembled posse returned to
the Patton farm. They started to «lig. They

dug for three da:
body. They did 1»
And in his cell
Patton contented
and ate like a hi
loose the followi:
body, he had not
hold Patton on.
fired at a cat, anc
Gehees had drop;
ly, for some as \
Other work o:
for the next few :
back of his min:
rounding the di
Gehee family. 4
suspicions, unfort
to go on.
However, alon:
neighbors came i
ranted investigat:
grave had appea
etery not far fro:
had been no de:
as far as the she
“How far is t
ton’s place?” ask
“No more than
The sheriff re
got shovels?”
“T can get the:
For the seco:
literally dug int«
fresh, unmarked
presented no pri
and sandy; the c
too deep. A few :
to expose the li
cleared of debri:
tension, inserted
between box arn
The nails prot:
souls as they w:
pine. The lid c:
wrench but Swe:
place again almo
ingt down at. the
Gehee, as heh.
stared at an aysec
died more than 2
tery attendant, |
duced proper cr:
Hastily the lid
shut again and
Dejected, Sweet:
He was angry at
himself for havi
A swift check
revealed that sh
her son. A call t
Tyler also prove:
heavily and pit«
work piled high
But he was n
The hottest one
tember, when
ton’s ambled int
“Sheriff,” bega
preliminaries, “:
did away with t
“Yes,” snappe:
I can’t prove it
The man scr:
long minute.
been on my mi
he said at last
“What's that”
“Along about
disappeared, I
Patton. It was
Sweeten jum)
you tell me th:
“Well, a thin
ful lot of thin:
right after I |
George I sold it
Sweeten did
then on questio:
Frost in record
without too m


ANDERSON = Tie aa £5 ST NTT ne
Nl Vy Dds SON aw PLNNY, AWOLGES r electrocuted

on.February 26th, .1943,

a Se

Kentucky (Fayette)

DOUBLE MURDER ~
ON THE GREEN

by DERRICK SAVAGE

“You'll have no trouble with the two broads,” the inside man had said.

“Even if they should wake up,
But the two women did give
clawed like two wildcats, and were kille

theft ended in a bizarre and bloody murder.

The Lexington Country Club, in
Lexington, Kentucky, was a huge spraw-
ling place with lots of long green. It was
very popular with the area’s golfers, and
was touched with a special kind of magic.
It was managed by Mrs. Elsa Miley and
her attractive young daughter, Marion.

54

TRUE POLICE CASES - AUGUST

Just a few short months before this par-
ticular September morning, Marion had
won the Women’s Western Golf Champ-
ionship. Both she and her mother were
well-liked and highly respected.

It never occurred to the burglars what
these two women could do. As far as they

they’ll be scared to death.
them trouble. Theywo
d. What had begun as a simple

99

ke up, screamed,

were concerned, screaming was the
worst of it. And nobody would be within
hearing distance.
The job was a beaut. The inside man
had set it up. He’d given them all the
information they needed. So, knowing
each of their roles by heart, they set out.

1973.6


Anywhere from three to ten grand in ‘*...Might even go as high as twelve or were the two cars — just as the finger

receipts from the weekend business and fourteen G’s.”’ man had said. They belonged to the two
the dance on Saturday night was waiting It was a little after two o’clock on Sun- women who lived upstairs.
for them. day morning, September 28th, when the They parked their car and slowly made
“It'll be the softest touch you ever two action men pulled into the parking
made,’’ the finger man had said. lot near the back of the clubhouse. There (continued on next page)
A smiling Marion after she won the Western Open. “Skeeter” Baxter, the finger man in the operation.

id said.

2amed,
simple

'
i

: was the !
be within

side man
‘m all the
owing
et out.


Marion Miley on the course shortly before her death.

their way toward the back door. The key
they’d been given opened it. They were
very careful not to make any noise. If
either of the women were to wake before
they disconnected the electricity and cut
the telephone line, sparks would fly.
Their flashlights made finding the
fusebox easy. They pulled the master
switch, then looked around for the phone
line. There it was — way on the other
side of the basement.

‘‘What are you waiting for?’’ growled
one of the men as his partner struggled
with the pliers in his hip pocket.

“Take it easy,”” the partner replied.
‘They slipped down in my pocket. I got
‘em now.”

Within seconds the sharp blades of the
electrician’s pliers cleanly snapped the
telephone cable. Everything was done.
Nothing to fear now. They were no longer
careful about the noise as they headed

ment.

They found the door, and it was
locked. But they were ready for that.
Using a sashweight he'd found, one of
the men smashed a hole in the door’s
paneling. Then he reached in and
unlocked it from the inside. Slowly he
turned the knob and pushed the door
open. Both of them quickly stepped
inside, slavering with the thought of all
that beautiful money — just to be picked
up. :
But before either of them could make
out what was happening, a woman
screamed and bounded out of bed. Moon-
light, shafting through the windows,
glinted off her nightgown as she flung her-
self on the lead man. She caught him com-
pletely by surprise.

Things began to happen fast then, real
fast. A door from an adjoining bedroom
burst open. Another woman, young and
strong, lithe and agile, leapt onto the sec-
ond intruder. She scratched and clawed
and kicked. Along with her mother, she
screamed. And the dark, quiet, rolling
Kentucky countryside exploded. The
older woman struggled with her man in
the doorway until, suddenly, three shots
snapped the air in rapid succession.

That was it. The cue. The man strugg-
ling with the younger woman tugged on
his automatic. Two more shots rang out.
Their hollow, dull echoes had hardly died
before a body collapsed on the floor with
a clunk. ’

“Goddamn!” one of the men muttered
angrily. ‘*That dame was chewing a hunk
out of my leg!”’

‘‘Never mind that!’’ his partner
moaned. ‘‘Let’s find the dough and get
the hell outa here — fast!”

The dark room was suddenly alight as
one of the men flicked on his flashlight.
‘I’ve got it,’ he said as he held up the
canvas bank money bag. It was tied at
the top.

Instantly, his partner took it from him.
He shook it. ‘‘Hell,’’ he groaned, ‘‘it
doesn’t look like much. Maybe there’s
another one.”’

Frantically, they pulled out every
drawer in the room, scattering the con-

upstairs toward the manager's apart- ©


| her Mops flintheed Cll dioak
Be WLA7Y GEG 2 f2rau “9 |

ihe hae ——————


124Have Died In

Eddyville Chair.

__ 31 Executions Seen
~~ By Warden Buchanan ©

nseg

witnessed four at the

‘state penitentiary here ehriy thie

__
>
~
ere
er

Kb 2c


“ewes CUIPUS, NICNOISON --coargea
thet wht Keen Johnson had =
consider a pardon plea

for- Anderson. He alleged that the
@rernor had failed to perform his
and that Andersen wrs de-.
nied his rights under the and

; federal Constitution.
Louisville night club operator, |any state court. If sny review is Governor Johnson denied Kichol-

1 .

’ to be mede of the Fayette Circuit aig es and said . lis-
|| today lost two appeals to fed- Bore Secicn Ct eee eee teed to a ten pica lie kadar
eral courts end tonight Circuit Court three men i h commuta-
5 his at- were convicteddsit must be meade ety sline’ hin ra
torney was planning to seek a | by the Court of Appeals. “You

t pur-
/ , can, Bected new evidence ta the courts.
,| Writ of coram nobis before the | ROwever. take my decisiod te Judge} snderton originally was scheduled

: _ | Hamilton.” © Ge Jen 1, 1943, but! the gover-
| State Court of Appeals in a i encion ar rates : deo. agin set the ex tor
£4 udge Hamil ter the state Court
final effort to avert the execu- | five-minute statement of proceed. || Appecs arated: the heating for a
|| ton of Anderson early Friday (ings before J Miller, J fox, Tis! and the death
‘for the sla of Miss Hamilton told that he SO until Feb. 26. |
| Miley ying Marion (Gontinuad on Page % Column 8) oan 4
set , of Lexington. T ‘ aa 3
EE |< Federal Judes Ghackthaa ar Lt eae Deny ried f | i
{ee denied ‘Anderson a writ of (Continued Frem Page 1) i : :
habeas corpus, and a few minutes could not issue a stay to prevent
later Judge El 4-Hemiltoa of by “seen hat an ase could ;
s States f made to a er-court. {
rhe the United Circuit Court of Testifying tuday. Anderson told .
2 ta gy sustained Judge Miller's ; Judge Miller that “I never knowed
hs and told & Rush Nicholson, | a thing” about the fatal shooting
a that his only eer pig i of Miss Bailey ral her es oe
<i recourse Mrs Elsie Ego Miley. at the Lex-| -
| Court of Appeals. 1 ington Country Club on the night r
Pag ag a wes returned late to- . of Sept. 28, 1941, “til I was ar-
Eddyville stete penitentiary, = rested.” AS
where he is scheduled to die in the BH Admits Ownership Of Gan
electric chair shortly after 1 a m. ; Anderson admitted he was the
. Tom Penney and Raymond ewner of one of the guns identi- : ie
Baxter, both of Lexington, convict- fied by police as having figured in Phe a
{ed with Anderson in the Miley the shootings, but said he had ns gr ies
robbery-elaying, slo are awaiting bought it from ‘someone he didn't ¢ ee
electrocution early Friday mocn- wish ‘to name. He said he had :
ing. oH von a note her Penney nut , Scat i
Nicholson said ; im to keep the information secre a Tee Se ea,
leave for Peanitont tae ee yf edding that “I bought the gun from : aa aay ed
@ petition for a writ of coram nobis : a who aid gl eee ae edad
(an for a stay of idn't wan implica '
bend Stee eens eel tee eos buying acter ght cele Ss ‘ - j
:: Court Appeals ursday. ~ “You didn't dispute ‘that your = esas
. < : ear and pistol were used?” Fayette : ee
F = 1 Po monwealtii's Attorney James
rk asked Anderson. .
JUDGE GLAD TO “I can't dispute it and I don't Ou ioe ens
; ENTERTAIN MOTION * ecknowledge it.” Anderson replied. ee (
FRANKFORT. Ky. Feb. 24°) Anderson again said he was the
—Chief Justice Will H. Fulton of victim of perjury committed by
the State Court of Appeals said Penney and that Penney had ad-
here tonight that the Appellate vised him that he wanted to give
Court would be glad to entertain | bis true accomplice time to get
Th any motion counsel money for a defense, but did not
to make in behalf of Rob- say who this accomplice was. He ag oe
ert H. Anderson, former Louis- . asserted Penney had admitted, dept sai
ville night ctub operator, con- pale oH eh page ng ap in impli- %
demned to die Fridey for cating Anderson in the crime.
the slaying of Miley of Testimony of Anderson reiterat-
Lexington. ed much of that given in a hearing
Justice Fulton said & Rush for a new trial at Lexington. Cir-
Nicholson, Louieviile. cuit Judge Chester Adams refused
Ec Aaetgom, tnd oeenanee cet to grant a new trial, and a writ of
‘| him tonight in ts coram nobis, if granted by the state
writ Court of Appeals, would set aside
y @ petition seekiig «@ ,
| coram nobis for Anderson. Judge Adams’ ruling and automat-
Wy , feally call for g new: trial. :
of tw Con of ° : eae

. ‘ SR rae wth dates ttitin eth then aboed pompintoeatienptcah ada? +
Fe iach seieeitdiies ores kone
> siesta ; ee a z


“7 = we

pellate Court, Governor Refused -
0 Halt Electrocution Of Anderson :

Reprieve Granted To

Thomas Bass, Who

Had Filed No Appeal

A stay of execu for Robert H.| had beea no
patie dee Bh in the ger .
robbery-s ‘was refused :
the wantante Count and

by Gov. Keen Johnson ureday.

totes Basra, Negro enidier

to a soldier,

who was five awaiting

Geath in the chatr et the

wy

~~ wee ewese ©

mae on Pose % @okwen 30-
U9: piges Ape, Ble} iy deh
T >

GOR, ae Ot 8 om om an a ahem


Appellate Court

a

(Geontinved From Peso 1)

| Anderson, convicted in
Miley ings, was declared in
Fayette Court to heve

Nicholson, accompenied by the

was

Johnson for a pardon.

Brother With Attorney

turned down, he requested j

commutation of the death sentence.

‘were slain in
Sept 28, 1941, in a $190 robbery.

son, and added to Nicholson, “I wish
it were poesible to give a more
sympethetic reply.”

ena’ anstn oo

ve my sym-
pethy, and for your
geod fight for your wd

The latter declared he was con- | “newly lecovered evidence” tn th

Penney made a depocition at Ed
dyville Jan. 11 in which he
ead “absolved”

their
apartment at the club on Sunday,

stay of
Johnren whe repertsd


within just a few moments now.”

At this juncture Chief of Police Price,
accompanied by Maupin and Detectives
Joe Hoskins and Joe Harrigan, Sheriff
Thompson and County Detectives Rollie
Leach.and John Sellers, arrived. They
were followed by the club president, a
slim, graying man now greatly agitated.
While detectives and identification
officers examined the murder scene in
search of fingerprints and additional
evidence, McCord, Chief Price and
Sheriff Thompson questioned the club
official in the office below.

“First of all,” McCord asked, “please
give usa list of all those who attended
last night’s party.” ;

The official looked puzzled.

“J know,” said the officer. ‘They are
all fine people, but this is murder and
we'll have to get statements as a matter
of routine.”

The club president produced a list of

42

Mrs. Miley heard the
bandits and screamed
for help. She was shot
and beaten. Marion
came to her aid and
fought bravely against
the two armed robbers

the dance party guests. McCord and
his fellow officers glanced through it
and read the names of some of Fayette
County’s bluebloods, many of them
wealthy horse-breeders and tobacco
plantation owners.

“So much for that,” the county
official said. “Now about the em-
ployees. How many are there?”

“Well, there’s John Harris. He’s a
regular helper for Mrs. Miley. He and
Percy Thomas, the club waiter, are the
only regulars.”

“Where do they live?” .

“Harris stays on the grounds—in the
caddy house. Thomas lives in the city
with his family.” :

Sheriff Thompson promptly in-
structed a deputy to pick up the two
men, following which Tunis named
several other part-time employees, “We
have a fellow named Raymond Baxter,
his nickname is ‘Skeeter,’ who takes

care of the greens. He lives about a
mile from here—with his folks, I be-
lieve—and then Elmer Davis, a cook,
worked here last night.”

“Where does he live?”

“In Lexington.”

Sheriff Thompson sent two more
deputies in search of Davis and Baxter,
whereupon the three officials again
ascended the stairs to note what prog-
ress was being made by detectives and
identification experts.

They found that Marion Miley’s body
had already been removed. to the
morgue, and Guy Maupin, his ruddy
face wearing an exultant expression,
reported, “We found plenty of finger-
prints in the bedroom and in the hall.”

“How about the bullets?”

The identification expert held out a
handful of empty cartridges and several
lead slugs. “Five shots were fired from
two separate weapons,” he explained.
“One was a .32 caliber automatic, the
other a .38 caliber automatic. Both
ejected their cartridges and we found
several of the slugs in the bedclothing,
where they landed after passing through
Mrs. Miley’s body.” The officer pro-
duced two brown buttons and added,
“What’s more, we found these. They
must have been torn loose from one of
the killers’ coats during the struggle.”

“And,” Detective Hoskins added, pro-
ducing a bloodstained sash-weight,
“this is what Mrs. Miley was struck
over the head with.”

“Coroner Kerr says that the two
bullets fired into Marion’s body ex-
ploded at close range,” Captain Har-
rigan volunteered. “The wounds show
strong powder burns, which means they
were fired at less than eighteen inches.”

TRUE DETECTIVE

Long bx
murder ;
over radi
departme
ing states
the popu:
vicious n
officials t
left no ro:

“Those

have to w:
year,” Chi
terminatio
wholehear
and Chief
men comp
from the o
single unit

Fred Mi
club manz
girl, arrive
morning.
cinnati’s e>

Club, he \
Pale and
time and a;
watchman
talked abo
when I sa\
at me. E)
and that a!
once and t
would hea:

The bro
golf profes

his only c!
golfing fam
taken to a
much need

Before «

Chief McC

Chief Price

ter, John |}

OCTOBER, 1942


’

|| Wlaaos of the

GOLF CHAMPION

ent in
jificent
archi-
»opular
n was
golfer.
ist be-
yion of
omen’s
ed and
sissippi

(0 yards
tarium,
vaveled
f OW did

. Miley
several
{ on my

roman’s
ees,

County

> home

ost

, he

quipped

DETECTIVE

with two-way radio, and as he raced the
fourteen miles to the country club he
ordered the acting desk sergeant to
notify Chief of Lexington Police Austin
B. Price, Sheriff Ernest ‘Thompson,

. Identification Expert Guy Maupin and

Commonwealth Investigator Walter
Kirkpatrick; the latter, a lawyer as-
signed to the Commonwealth Attorney’s
office.

Twenty minutes later, as he swung
up the long, graceful clubhouse drive,
Chief McCord saw two new Buicks,
one a coupé belonging to Marion Miley,
the other, a sedan, the property of her
mother, parked at the west entrance.
In addition, he saw the patrol car in
which Doyle and Mann had arrived
and Coroner J. Hervey Kerr’s ambu-
lance.

The building was ablaze with lights.
Patrolmen Mann and Doyle met him
just inside the door. The latter said,
“I stayed with Mrs. Miley until the am-
bulance from St. Joseph’s Hospital ar-
tived. Mann and Mr. Crouch found
Marion lying in the hallway upstairs.
She’s dead—shot twice—once in the
back and again through the top of the
head.” :

“All the lights were out when we
got here,” Mann added. “We had to go
down in the basement and throw on the
switches.”

McCord’s eyebrows raised percep-

october, 1942

tibly. The killers, then, must have
possessed an intimate knowledge of the
club’s general layout, or else how could
they have made their way about the
sprawling structure with only the aid
of a flashlight?

“How did they get in?” he asked.

“Apparently through a window at the
east end of the building,” Doyle re-
sponded. “We found the service door
unlocked, so that’s how they must have
left. Bloodstains there indicate that’s
how Mrs. Miley got out, too.”

McCord nodded and went upstairs.
He found the door at the head of the
stairs had a broken panel, indicating
that the intruders had smashed it and
reached inside to turn the night lock.

At his right, from the hallway land-
ing, the officer looked through an open
door, into a spacious bedroom with twin
beds. The bedclothing on the one near-
est the door was turned back, as though
left thus by the daughter when she
hurried to her mother’s aid.

McCord glanced briefly into the room
and then started down the narrow hall.
At the far end, directly in front of the
second bedroom door, he saw the slain
girl’s crumpled form, Coroner Kerr
was examining the body. He looked
up and shook his head sadly. “She died
instantly,” he said.

The Patrol Chief noted that the girl’s
pajamas were torn; that the walls and

nthe Lexington Country Ca

floor surrounding her body were

spattered with blood. “She must have
put up a terrific struggle,” he observed.

Kerr nodded. “Her knuckles are
skinned and she took a severe blow on
the cheek,” he commented.

Turning, the officer entered Mrs.
Miley’s bedroom. He paused as he
viewed the confusion. Pictures hung
askew and the shattered fragments of
the telephone littered the floor. All
of the lamps had been torn from. their
fastenings, and, he noted, the hands of
the electric clock pointed to two-nine-
teen. He glanced at his watch and
saw that it was nearing five-thirty.
Thus, the killers already had over
three hours start—enough time, he re-
flected, to place about 150 miles be-
tween themselves and Lexington.

The rifled desk opposite the bed
mutely suggested the murderers’ ob-
jective. The shelves had been dumped
unceremoniously on the floor, their
contents flung aside. Two empty sacks
told the rest of the story. Kirkpatrick,
who was at the Patrol Chief’s elbow,
observed, “Mrs. Miley says she had
$140 in there.”

McCord nodded. “See that nothing
is disturbed until Maupin gets here,” he
said. “And call the Club President, Mr.
Curry Tunis.”

“I’ve already attended to that,” the
attorney replied. ‘He should be here

41


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80

was in the spring was because I saw Jim
Jones and Alf Harmon kill him and throw
him there! I was afraid Jones and Har-
mon would kill me if I told you before
you had them under arrest. I was waiting
until the last minute in case you didn’t
catch the real killer, to tell you in order
to save my skin,” .

Langston was delighted with this piece
of good fortune and when he had Boyce
repeat his words to the prisoners, they
wilted and finally confessed to the awful
crime.

“Shrable joined the game after Boyce
was cleaned,” said Jones. “He won every
cent we had, so I slugged him and Harmon
robbed him. Then I set the hands of the
watch at eleven-fourteen just before I
threw him into the water, although it was
really only a little after nine. I knew you
guys would jump to the conclusion that

that was the time it happened and that
you probably would arrest Boyce. It
looked like an air-tight alibi to me.”

“But how did you get the watch in the
first place?” asked Risner.

“I was with Boyce when he pawned it
and I stole the ticket from him later on,”
Jones said calmly.

Jones and Harmon were found guilty
of murder in the court of Judge John L.
Bledsoe at Salem, Ark., on Oct. 10, but
Judge Bledsoe did not pass sentence until
cae 17 when he sent Jones to prison for
ife.

Because Harmon had not actually
helped to kill Bob Shrable, Judge Bledsoe
sentenced him to 21 years.

(To protect the identity ‘of an innocent man the
name Martin Boyce as used-in this story is not real
but fictitious. —Ed.)

Double Death at the Country Club

[Continued from page 29]

were ‘sounded immediately and all roads
were guarded. But as soon as the investi-
gation was well under way, officers found
a number of baffling clues.

All doors and windows of the club were
checked carefully. There was no indica-
tion that an entry had been forced. A
theory was advanced that robbers could
have remained in the club after the dance,
secreting themselves in a locker room to
emerge when only the two women were
in the place. _..

Four light switches in a remote part of
the basement had been pulled, cutting off
all lights throughout the building. The
electric clock in Mrs. Miley’s room had
stopped at 2:06, indicating the possible
time of the crime.

Officials pointed out that it would have
required someone fairly familiar with the
club to find the proper switches. In addi-
tion, telephone wires about the place were
cut.

Further mystery was injected into the
case when $120 of the receipts was dis-
covered still in the building. The robbery
theory was not ruled out, however, on the
possibility that the killers had become
frightened and fled without searching for
the loot.

In Mrs. Miley’s room detectives found
a prime clue—two gray-brown buttons
from a man’s coat which they believed
might have been torn off in a struggle.
The room showed evidence of a furious
fight. Furniture was overturned, the rugs
were in disarray and books and papers
were scattered about in wild and senseless
disorder. :

Several shells from a .32 caliber au-
tomatic were picked up. A number of
fingerprints, some in blood, were found
on the walls.

Socially prominent friends of the vic-
tims and a number of persons well known
in sport circles were questioned in the
case. The husband and father, Fred
Miley, a golf professional in Cincinnati,
O., hurried to Lexington to assist in the
investigation. He said he had often urged
employment of a night watchman at the
club.

Search for the slayers was spurred by
a $1,000 reward offered by the club, a
state reward of $1,000 and a personal re-
ward offered by Governor Keen Johnson
who described the murder as a “most
dastardly and ruthless crime.”

Careful questioning brought to light
another clue. Officers located a 17-year-
old high school senior who delivered the

Sunday papers to the club. He told offi-
cers that he drove up to the building at
3 a. m. when he saw Miss Miley's yellow
convertible coupe, Mrs. Miley's sedan and
a third car parked: there. i

He said the third car was a blue sedan
and bore Kentucky license plates, Ile
could not be sure of the time, however, as
he could not remember exactly when he
turned his watch back that morning from
daylight to standard time.

One phase of the hunt centered upon
Forest Turner, 24, and Slim Scarborough,
41, who escaped Aug. 12 from “Little
Alcatraz” prison camp at Dallas, Ga., and
were last known to be near the Kentucky
border.

In another phase of the investigation
police took into custody a 21-year-old
girl described as a “beautiful brunette”
who was located in a Lexington hotel
room. A male companion of the girl was
sought. The implications behind this move
were not immediately apparent.

Porics hopes that Mrs. Miley might
rally sufficiently to be questioned fur-
ther were dashed when the mother died
three days after the shooting without
again regaining consciousness.

At that time authorities were faced with

a number of pertinent questions. They.

included the following:

Sixty dollars was found in the drawer
of a desk in the clubhouse office. If rob-
bery was the motive why wasn't the
money taken by criminals who apparently
knew the place well enough to find the
light switches?

Would professional robbers find it
necessary to shoot two unarmed women
to carry*out a raid?

How did the killers get into the build-
ing?

Why, if the lights-were out and the
masked killers could not be recognized,
would they shoot both women to prevent
identification? Or if the switch wasn’t
pulled until after the shootings, what
was the purpose of the act?

How could Mrs. Miley describe the ap-
pearance of the men and their getup
after seeing them in the darkness?

Why was there apparently only one
weapon since all six bullets came from
the same .32 caliber automatic?

Lastly, why—if the men were robbers—
would they chance raising an alarm by
firing a gun instead of disposing of the
women quietly?

Sex Fi

it was more as if $0"
force her into some
danger our future. |
tell me about it, b
until she should d
will.
“Had she told m:
she would not have
It was daylight
when the officers '
In the meantim
ordered the body :
at Alamosa where
had performed an
Dr. Keller’s fit
opinions of the c
of death and the ¢
He said every €v'
girl had put up :
assailant, howeve'
of tremendous P!
human strength.
indicated that he
with his heavy fis
All Sunday mo
continued to we
sleep. They ques’
other acquainta
From none Of '
could they Hea
further light ©!
vealed to them !
If, as both t
district attorne:
that Sally ve
uilty secret, U
eenaged to kee
hint had she ev
that there had
Sam Frawley
Sheriff Espn
to his earlier ©
had been som
quaintance wh
she was en T
brother. He !
and at noon =
with other off
Amarante
operator ©
relation » to
although he.
When the off
ment they
murder case
hands who 1
quarters at t
aside for dt

Sheriff Fre
Costilla cot
and-mouse
slayer, belc

into cc


Never was she more a
champion than in that
moment when she hat-
tled intruders for
her mother’s life—
and gave an example
of courage that will
long be remembered

~ By VIRGIL
E. LaMARRE

was Acting Sergeant at the Fay-

ette County Patrol Headquarters in
the courthouse at Lexington, Kentucky,
when S. B. Crouch, night attendant at
the Ben-Mar Sanitarium, one-fifth of a
mile west of that city’s swank country
club, telephoned. ‘Send. some help
out here right away,” he urged.
“Something terrible has happened over
at the club. Mrs. Miley is here, now.
She’s been shot and she says her daugh-
ter is badly injured.”

Beatty’s eyes went to the clock. It
was 4:45 a. M., Sunday morning, Sep-
tember 28th, 1941, and the nearest coun-

_ty cruiser would be the one manned by
Officers John Doyle and Virgil Mann.
“T’ll have some men there in a jiffy,” he
promised, and hung up.

The two county patrolmen were
twelve miles from the Ben-Mar when
they received the terse order to rush to
the’ sanitarium. Mann’s foot was on
the floorboard before Beatty had fin-
ished with his brief message.

Twelve minutes later the radio. car
screeched to a stop on the graveled
drive outside the Ben-Mar and the two
men rushed into the building. They
found the night attendant doing his best
to make a graying, middle-aged woman
comfortable in a large, overstuffed
chair. Her face, however, betrayed her
intense suffering. She had been beaten

40

Pires acting FOSTER BEATTY

‘over the head and there was a crimson

stain where both hands were pressed
to her abdomen.

The woman’s eyes opened and she
tried to sit up. “Oh—please—go across
the road,” she pleaded. “My daughter
—Marion—is seriously hurt.”

Turning to his companion, a new re-
cruit, Doyle said quickly, “Get the
flashlight out of the car and go to the
club. I’ll stay here until the ambu-
lance arrives.” .

“P’}] go with him,” Crouch volun-
teered.

Slowly, her voice incoherent at times,
Mrs. Miley described her terrible or-
deal. “Two men, both wearing masks,
broke into our apartment after we were
asleep. I heard a crash and went to
the door of my bedroom and the little
one shot me in the abdomen—three
times. I lost consciousness after telling
them where the money was. We had
$140 from our regular Saturday night
dance.”

“What time did this happen?” the
officer asked.

The woman shook her head wearily.
“It must have been after two o’clock.
It seems I had just fallen asleep.”

“Where is Marion now?”

“Lying in the hall—just outside my
room. She heard me scream and tried
to help. She fought both men and they
shot her.”

(SeTehae (9¢2

Into the officer’s mind there flashed
a picture of the attractive young cham-
pionship golfer, fighting the armed
prowlers with her bare fists in a futile
effort to protect her beloved mother.
He knew, like. all Lexingtonians, that
Mrs. Elsa Miley was club manager, and
that she maintained an apartment in
one wing of the club, a magnificent
example of southern colonial archi-
tecture. Both ‘women were popular
locally, but 26-year-old Marion was
famed nationally as an amateur golfer.
Already—and her career had just be-
gun—she was six times champion of
Kentucky, winner of the Women’s
Western Open, the Western Closed and
the Southern and Trans-Mississippi
tournaments. :

Realizing that it was at least 300 yards
from the clubhouse to the sanitarium,
involving a trip across heavily traveled
Paris Pike, Doyle asked, “But how did
you manage to walk so far?”

“It took me a long time,” Mrs. Miley
sighed. “I lost consciousness several
times. I crawled all the way on my
hands and knees.”

The officer noted the injured woman’s
torn and bruised hands and knees.

Word of the crime reached County
Patrol Chief Will McCord at his home
ten miles west of Lexington almost
immediately: Dressing hurriedly, he
rushed to his car, which is equipped

TRUE DETECTIVE

with two-w:
fourteen mi
ordered th:
notify Chief
B. Price, :
Tdentificatio
Commonwe:
Kirkpatrick
signed to the
office.

Twenty :
up the lon;
Chief McC:
one a coupé
the other, a
mother, pai
In addition
which Doy'
and Corone
lance.

The builc
Patrolmen
just inside
“I stayed w
bulance fr«
rived. Ma
Marion lyi:
She’s dea
back and «
head.”

“All the
got here,” !
down in th:
switches.”

McCord’:

ocToseER, 194:

—

oe ye


iey went out
re last guests

was Sust
urse. Baxter,
ich sympathy
elt that they

ter. “I’m up
ly time I can
> dry before

imn weather
2wn to dusk.
promised to

Paris Pike
club house,
locked; then
door as well
awaken her

esque white
»ve the head-
1 lie some of
> entire Blue

marked the
icertain way
rable at first,
n when they
arp, crashing
her sleep.

The Lexington Country Club in which noted golfer Marion
Miley, lower right, and her mother, Elsa Miley, were shot.
Marion died instantly, her mother days later in hospital.

on

re tl

Ra we ain

¥

‘WILLIAMS

The Kentucky police had come up

_ with but one, dubious lead

until a man reported his car was

stolen three days after the murder

* ee

=


that
ere
y to
low
and
it.”
pane

and

oped
nber
irder
elec-

dicts,

but finally, on February 23, 1943, Robert

Anderson, Raymond Baxter and Tom
Penney paid in the electric chair at the
Kentucky State Penitentiary for the
murders of Mrs. Miley and her daughter.

Tom Penney is still remembered in
Kentucky for what is possibly the most
superfluous statement ever uttered by a
man condemend to the chair. When ask-
ed, shortly before his execution, if he felt
he deserved his fate, he answered grave-
ly, “I have never believed in capital
punishment.” oo¢

EDITOR’S NOTE:

Will Shanley, Clay Jackson, Andy
Johnson and Sam Rafews are not the
real names of the persons so named in
the foregoing story. Fictitious names
have been used because there is no
reason for public interest in the iden-
tities of these persons.

Was Sniper-Killer
A Rejected Lover?

(Continued from page 35)

recital at North Carolina State. They had
met ata drive-in and had gone to the Un-
iversity campus in her ca.r When they
arrived, however, they discovered that
the dance was not Tuesday but Wednes-
day. They had then gone to Jay Gatsby's
Warehouse and hada beer, leaving at ap-
proximately 10 p.m.

From ‘there they had visited another
bar, where they talked withthe bartender
and a couple of musicians. Virginia had
chatted with the bartender about hiking
the Appalachian Trail. He had only
recently completed such a hike and she
was planning to make one.

From there, they had retumed to the
drive-in so her friend could pick up her
car. Virginia had reached the house on
Trinity Road at 11 p.m. and 10 minutes
later, Craig Lyon had returned from Gar-

- ner, another suburb of Raleigh. He had

been visiting a friend to discuss plans fora
fishing trip to Cape Lookout the follow-
ing Tuesday.

Virginia said she had a forthcoming
exam on Tolstoy’s “Crime and Punish-
ment,” and she and Craig had gone to the
kitchen table where he was helping her
prepare for the exam. ;

She said she had not heard her dog

bark or indicate he had been aroused by |

anything or anyone outside. Further, she
had been unaware that the cinder blocks
had been stacked up in the edge of the
trees.

together, off and on, for some four years.
During that time, however, she had dated
other men; in fact, several other men.
Outside of the one occasion, she had
never had any serious trouble with any of
them; and she could suggest no.

She and Craig Lyon had lived

She gave officers the names of seven
men who had visited the house on Trinity
Road at various times during the year.
The name of the man whose letter to her
from New Bern was found in the apart-
ment was not one of them.

Even at that time, officers were run-
ning a check on the man in New Berm.
Before the day was out, it was deter-
mined that he was in New Bern and had
been there all night on Tuesday night.

The second letter, and one which had
most interested the officers, had been
signed “Don.” They determined it was
written by Donald Allen Rutschman, a
nuclear physicist student at North
Carolina State.

Miss Barrister said she had dated
Rutschman during the spring and
summer and he had visited her at the
house on Trinity Road. He had taken their
affair very seriously, she said, and felt
very dejected when she indicated she no
longer wished to date him.

She said Rutschman was under the im-
pression that she didn’t want to date him
because of Craig Lyon. lowever, she
had told him that they (Rutschman and
herselt) were incompatible. She said she
simply could -not communicate with
Rutschman.

“He’s a genius,” she said. “He's
emotionally disturbed. He frequently
cried when I went to see him because he
was so happy to see me.”

Virginia said Rutschman frequently
expressed his love for her, and on several
occasions he had asked her to marry
him. The last time she had seen him was
the prevous Friday when he had handed
her the letter the officers had found in the
apartment. Some two weeks before, she
had seen him in a food store and he had
professed his love for her at that time.

Further, Rutschman had told her he
was painting a picture of her. He had in-
dicated that despite the fact she did not
wish to continue a relationship with him,
he wished to be her friend.

During the time they were going
together, she said, Rutschman had said he
had a brother who was an expert
marksman. She did not think Rutschman
had a gun or cared anything about them.

Further, the witness said, he had told
her he had a brother who had mental
problems and had tried to kill him on
several occasions when they were
younger. He had said his brother had
tried to drown him, stab him and shoot
him on several occasions. She never saw
the brother, and there was no way of tell-
ing whether the story was ‘true.
Rutschman drove a red compact with
Virginia plates. He was a part-time
worker for IBM. She thought he had mov-
ed from where he had been staying when
they dated the last time in the summer.
She said she would determine where he
now lived and advise investigators as
soon as possible. =~

As soon as the’ investigation had
developed the fact that the murder

weapon wasa .30-06 Browning automatic
rifle, a regional PIN message regarding
any possible stelen weapons, such as the
one used in the slaying, was dispatched.

Shortly after the interview with
Virginia Barrister was completed, the
Wake County Sheriff's Department
received a call from the Raleigh city
police. Two weeks before, a local resi-
dent had reported the theft of a Browning
Automatic.

The owner of the weapon had thought
it strange that just that one weapon had
been stolen, because he owned several
others, and all were stored in the same
place. Further, the report included the
fact that the weapon was equipped witha
’scope sight.

Detectives Benson and Marshburn
immediately contacted the owner of the
stolen rifle. Had he fired the gun recently
in an area where investigators might
recover an empty cartridge hull or a pro-’
jectile?

He had not fired it recently, but he
recalled that some time during the
previous year he had done some target
shooting in an area in Franklin County.

Did the stolen rifle had a Bushnell
"scope?

“No,” the owner of the stolen gun
said, “but when I got the rifle the scope
didn’t have covers and I couldn't find any
for the particular make of’scope, so I
bought some Bushnell covers for it.”

A fter getting specific directions regar-
ding the place in Franklin County where
the target shooting had taken place, Wake
County Detectives Benson and Roger
Allen and SBI Agent Gaskins went to
search for spent casings and slugs. By the
time they arrived at the designated spot,

daylight was gone and they decided to |

search again the following day.

On Thursday, Officers Marshburn
and Roger Allen returned to the area.
After being unable to locate any spent
casings, they. felled a tree they thought
might produce a bullet; but they were un-
successful at this.

Meanwhile, the owner of the rifle had
gone to Dare County, on the North
Carolina Coast, where he remembered
he had also fired the weapon more than a
year before. On arriving, he had searched
for spent casings and found some. They
were somewhat deteriorated because of
the salt air, but he called the Wake Coun-
ty Sheriff's Department to report the
find.

Officers Benton and Gaskins im-
mediately secured the services of a North
Carolina Highway Patrol helicopter and
flew to Dare County to pick up the
casings. A short time after they returned
to Raleigh, technician Pierce offered the
opinion that the shell casing found in the
woods near the house on Trinity Road
and the ones picked up in Dare County
were fired by the same weapon.

Almost at the same time this informa-

53

Jo etm ie Mt te ee


he ee eee

tae eR
porn Cink” be
i

48

harden

Png ES ag die Sl
Sad Sot & bg
\ ee aaah ‘

The soft strains of “Good Night Ladies” floated on the
midnight air when Marion Miley alighted from a car in
front of the rambling, white-pillared mansion just off the
Paris Pike.

As she entered, gay dancing couples waved greetings,
which Marion returned with a gleaming smile. An attractive,
athletically built brunette in her mid-20s, she could very
well have been the belle of the ball, arriving at her old
Kentucky home.

Actually, this stately Colonial building was the club house
of the Lexington (Kentucky) Country Club and the spacious
lawns surrounding it merged into the fairways of the golf
links. To Marion Miley, however, all this was truly home
and had been from her childhood.

Marion was the daughter of Fred Miley, for years the club’s
golf pro. Under her father’s tutelage, Marion had risen to
top rank in women’s golfing circles. Twice winner of the
Western Open Tournament, she had gained international
fame when she sparked the American Women’s Team to
victory over the British contenders in the Curtis Cup Match.

Six times winner of the Kentucky Women’s Amateur title,
Marion was naturally popular with the local golfing set.
But this evening she had passed up the Saturday night dance
to attend a card party with some friends in Lexington.

Since it was late and Marion had a rugged golfing session
scheduled for the next day, she continued on up to the
apartment that she shared with her mother, Mrs, Elsa Miley,
now the resident manager of the country club.

Soon afterward, the dance ended. While departing cars
purred from the parking spaces, Mrs. Miley, ever a gracious
hostess, chatted with a few lingering guests at their tables.
The last of the personnel to leave were Marshall Cobb, the
bartender, and Percy Thomas, the head waiter. After check-

SP Tree RP ete aA as cadaaee

ing the night’s receipts with Mrs. Miley, they went out
the back door, while she returned to usher the last guests
from the front.

Outside, Raymond Baxter, the greens tender, was just
starting out on an all-night trudge around the course. Baxter,
familiarly known as “Skeeter,” didn’t hold much sympathy
for employes like Cobb and Thomas, who felt that they
had put in a hard week.

“You should have my job!” snorted Skeeter. “I’m up
and around most of the day and this is the only time I can
water down the greens and give them a chance to dry before
the early birds are out on the links.”

Skeeter was right. The dry, mild, early Autumn weather
was bringing a steady influx of golfers from dawn to dusk.
The coming day, Sunday, September 28, 1941, promised to
be one of the busiest of the season.

The lights of the last cars dwindled down the Paris Pike
while Skeeter went plodding off. Inside the club house,
Mrs. Miley made sure that all the doors were locked; then
went upstairs. There, she locked the apartment door as well
and tiptoed past Marion’s room so as not to awaken her
sleeping daughter.

A complete silence settled over the picturesque white
building that dominated the rolling fairways above the head-
waters of North Elkhorn Creek, beyond which lie some of
the finest and most famous horse farms in the entire Blue
Grass region.

Then, furtive sounds at varying intervals marked the
movements of someone making his or her uncertain way
through the isolated club house. Elusive, indefinable at first,
they were too slight to rouse either woman, even when they
reached the stairs, until they culminated in a sharp, crashing
sound that literally jarred Marion Miley from her sleep.

| The Lexing
Miley, lowe
Marion die


Coming bolt upright, the golfing star recognized instantly
that it must be the smashing of the apartment door. She
reached for a larnp and pressed the switch, but it failed to
turn on. Nothing daunted, she sprang from bed and out
through the hallway, just as a hand came through the broken
panel of the door and released the inside latch.

Then the door itself shot open and a man hulked through,
with another close behind him. Marion met them. in the
doorway, calling a warning to her mother, as she fought
furiously to drive the intruders back down the stairs. Claw-
ing, swinging, biting at hands that tried to grab her,.the
sturdy girl athlete was holding her own in that short, fast
fray, until one man sledged a blow to her head with a hard,

Major turn in brutal rob-
bery-double slaying came
when man in center re-
ported his car missing three
days after murder. Here he
is being led to jail cell
by two ‘sheriff’s officers.

blunt object. Blood suddenly surged from Marion’s head.

As Marion reeled, a gunshot tongued through the dark-
ness. The, girl slumped to the floor and the gunman
deliberately fired another shot, this time aiming at her
back. By then, Mrs. Miley had reached the hallway and
saw her daughter’s nightgowned form sprawled motionless
on the floor.

Now, Elsa Miley became the target. Before she could
retreat to her room, the attackers overtook her. Stifling her
screams, pounding her with fists and guns, they bowled her
back into the bedroom, where another shot stabbed at
close, point-blank range. Elsa Miley, her nightgown almost
in tatters, sank to the bed, moaning incoherently, until one

Sheriff Ernest Thompson, left, returns man who planned the robbery which exploded into murder to Lexington, after he

was arrested fleeing to Texas. He told sheriff they had only thought of scaring the two women, never of killing them..

Chief J. \
inspect bl
slain, At
tion chie!


The golfing world suffered a great loss when attractive
Marion Miley died. The young amateur golfer was thought
to have set a world mark for women when she scored 1]
under par over 72 holes to win the trophy she is holding

grasp. Her face, arms and shoulders were scratched and
bruised. The apartment was a veritable shambles. Items of
furniture were overturned /and broken. Lamps had been
shattered when they were knocked from their perches,
Drawers had been torn out of chests and their contents

Scattered in the burglars’ frantic search for. more money.

The door was smashed,

Rayond Baxter's voice was choked as he told police
about whistle the two women blew if they needed his
help. But he had been staying with his parents the
night his help was-needed most and didn’t hear it

fied of the tragedy. .
County Patrol Chief Will McCord, interrogating the first
Officers to reach the scene, was’ informed that they had

officers had to make his way to the basement to throw on
the master switch. :

“Then the killers must have had intimate knowledge of
the club’s general layout,” Chief McCord said. “This is a
rambling kind of building. If they hadn’t known something
about it, they’d have had trouble finding their way with
just a flashlight,”

Examining the wrecked apartment where Marion had been
gunned to death and her mother was gravely wounded

The motive for the crime, of course, was , obvious; the
rifled drawers alone were graphic evidence that the in-
truders had been after money.

2

iw)
g


~ ote. ‘a

Mrs. Elsa Miley, fatally wounded, crawled
300 yards down stairs and across high-
way to get help for herself and daughter

hours and 20 minutes after the burglars had left the club,

. the desk sergeant on duty at Fayette County Patrol Head-

| quarters in Lexington received a telephone call.

_—s

=

The sergeant managed to get the excited caller’s name
and address—‘“across the highway from the country club—”
and then he heard, “Send police right away. Mrs. Miley’s
been shot and she says her daughter is hurt bad.”

There was no mistaking the note of frantic urgency in

| the caller’s voice.

Seconds later the sergeant’s emergency broadcast was
heard by patrol cars cruising in the general vicinity of the
Lexington Country Club and within short minutes there-
after, a couple of the cruisers sirened into the driveway of
the man who had called and the officers ran into the house.

They found the man and his wife hovering over a gray-
ing, middle-aged woman stretched out on the couch. She
had her hands pressed to her abdomen, and blood was
oozing wetly through her fingers. Blood also trickled
through the gray hair from a wound on her head. Her
face was battered and mottled with angry bruises.

At the sound of the policemen’s entry, she opened her
eyes, and, with an obvious effort, she managed to gasp,
“Hurry—my daughter—Marion—she’s hurt} over at the club
—upstairs.”

One of the officers started to leave for the club, but
another cruiser pulled up at that moment and he told its
two-man team to get over there. He returned to assist his
partner in giving first aid to Mrs. Miley until an am-
bulance arrived. She was trying to describe what had
happened. His fellow officer was jotting down her halting
words in his book.

The gravely wounded club manager said she had been
awakened by a crash of glass and two merf bursting: into
her bedroom. It was dark, but as they crossed a patch of
moonlight she could see that both men wore masks. She
sprang out of bed, she said, and charged at them screaming.

Her daughter, Marion, who was asleep in the adjacent
bedroom, rushed to her aid and began to struggle with
the other man. The burglar she was fighting kept striking
her on the head with something heavy and hard, Mrs.
Miley said, but she continued to battle him until he shot
her. She was shot three times in the abdomen.

Then, Mrs. Miley said, she heard shots from where the
second burglar was fighting with Marion. She heard Mar-
ion fall to the floor. She was lying over there in their
apartment now. ‘

After the intruders left, Mrs. Miley continued, she had

“a

Detective Joseph Hoskins points to the blo
fell in her attempt to reach the telephone. But wires had been cut and
manageress of the plush country club was unable to summon help that way

of i \y, \ ; ‘
odstained bed where Mrs. Miley

Killers used piece of iron held by Detective Maupin (r.) to
break down the bedroom door being examined by Chief
McCord (in jacket) and Detective Hoskins (left photo)

ft

managed to crawl to her nearest neighbor’s for help be-
cause when she tried to call from the club, she had found
that the phones were dead.

Police later measured the distance the critically wounded
Mrs. Miley had dragged herself—down the stairs, out of the
building, through the grounds and across the highway. It
was more than 300 yards!

Over at the country club, meanwhile, officers found 26-
year-old Marion Miley sprawled in death on the floor just
inside her mother’s apartment. Examination showed that
two bullets had taken her life, one in the back, one
through the top of her head.

That she had waged a furious struggle was glaringly evi-
dent. Her nylon pajamas were ripped across the bodice,
undoubtedly when she tore herself from the intruder’s


1)
i
a &

eS

Tom Penny is still remembered in Kentucky where he confessed to killing two popular women: Shortly

‘before execution he volunteered the comment, “I have never believed in capital punishment”

By the time the country. club president arrived at the
scene in response to a call to his home, Chief McCord had
been joined by Lexington Police Chief Austin B. Price,
Sheriff. Ernest Thompson, and city and county detectives.

“The first thing we want,” Chief Price told the club pres-
dent, “is a complete guest list for last night’s party.”

At the president’s look of surprise, Chief Price said, “I
know, you're thinking these are all fine, upstanding peo-
ple, and you're right. But this is a murder case, and we
want to question everyone and anyone who might be able

_to provide any sort of information. We’ll also want a list of

every employe of the club.”
The guest list was the first to be delivered to the in-
vestigators, and a quick glance revealed that many of Fay-

ette County’s most distinguished families, nationally -

known horse breeders and tobacco plantation owners, had
been in attendance at the gala party on Saturday night.
Detectives were assigned to interview every person whose
name appeared on the list.

Officials heading the probe now turned their attention

_ to the roster of club employes. Will Shanley, a regular

helper for Mrs. Miley, the manager, had quarters in the
caddy house. Clay Jackson, a full-time waiter, lived with
his family in Lexington. Raymond Baxter, better known to
everyone around the club as “Skeeter,” was a greenskeep-

er who lived about a mile from the club. Andy Johnson, the
chef, lived in Lexington.

Chief McCord assigned detectives to round up every
one of the employes. He had just issued orders to that ef-
fect when Identification Expert Guy Maupin came to give the
chief his preliminary report.

“We've raised a lot of fingerprints in the bedroom and
the hall,” he began. - :

“Find any slugs?” the chief asked.

Maupin nodded, holding out an envelope which he
opened to reveal several empty cartridge cases and lead
bullets. “There were five shots fired,” he said, “from two
weapons. One was a .32 automatic; the other was a .38,
also an automatic.

“Both had automatic ejection, and we found the ejected
shells scattered around the room. The slugs we found in
the bedclothing, where they apparently wound up after
passing through Mrs. Miley’s body.”

The identification expert then produced another enve-
lope, held it open, and said:

“We also found these. They must have been torn from
the coat of one of the killers during the struggle.”

The envelope contained two brown buttons; they
matched, and obviously were of a type commonly used on
men’s jackets. (Continued on page 58)


RH
AN *

* 2

| Murders

_ question:

ae ae ee
Country Club

‘(Continued from page 51)

“And here,” the identification expert
continued, pointing to an object on the
floor, “is what Mrs, Miley was struck on
the head with.”

The thing he was pointing at was a
window sashweight, ugly with blood and
matted gray hair,

The coroner now reported that he had
found powder burns around the wounds
sustained by Marion Miley, clear indi-
cation that she had been shot from ex-
tremely close range, “probably less than
eighteen inches.”

| Before daylight on that fateful Sun- .

day morning, an all-points bulletin for
the murderers had been flashed to po-
lice ‘agencies in every city and hamlet
in Kentucky and surrounding states in
the Mid-South. County Patrol Chief Mc-
Cord echoed the orders of Lexington Po-
lice Chief Price issued to his depart-
ment: '

“Those men must be caught—if it

. Means working day and night for the

next year for every man in the depart-
ment.”

- Within the hour after the roundup or-
der was issued, every employe on the
club roster had been reached by officers
and brought to the club. Each man was
separately—out of earshot
f bir’ others—by the two chiefs and the

eriff.

Clay Jackson, the waiter, said he had
left the club about quarter past one,
soon after the dance was over and the
cleaning up chores had been taken care
of. Jackson said he thought Mrs. Miley
was in the lounge when he left, but he
hadn’t sopken to her,

Asked who else was in the building at
the time, he said Will Shanley and Andy
Johnson, the chef, were in the kitchen.
Jackson ‘said he went directly home af-
ter leaving the club. The police identifi-’
cation men took his fingerprints and he
was allowed to leave.

“Skeeter” Baxter, the greenskeeper,
had a lean, suntanned face that betrayed
his outdoor occupation. His hair was a
mousy blond, his eyes were blue, and he
was in his early thirties. His voice

_\choked as he replied to questions, He had
~ to fight back tears.

“We understand that Mrs, Miley car-

’ ried a whistle that she was supposed to

blow if she needed your help,” Chief Mc-
Cord said.

“That’s right,” the greenskeeper re-
plied. “I usually sleep in a little house
out near the links, but sometimes I go
home. Last night—of all nights—I hap-
pared, to spend the night at my folks’
place.” :

Detectives who had brought Baxter in

‘ corroborated this statement. They said

his parents had told them that Skeeter
arrived home at 1:30 a.m. Baxter, too,
was fingerprinted and allowed to leave.
The questioning of handyman Shan-
ley and chef Johnson produced little in-
formation of any significance, except for
one point. Johnson identified the sash-
weight which had been used as a blud-
geon on Mrs, Miley as a weight used
in the kitchen to hold down food covers.
. “Was it there when you left the place
last night?” Chief McCord asked him.
“Yes,” Johnson replied, “I’m sure it

was. I remember seeing it on the win-

dow ledge. That’s where we keep it when

it’s not being used to hold down one of

the pot lids,”

“All the club’s employes, the investiga-
tors agreed, had responded to their ques-

ei ERS +

‘that morning,

tions with convincing candor. Each one
was fingerprinted and allowed to leave.

By daylight, the sheriff and the two
chiefs had issued orders to all men of
their respective departments to report
for duty. All days off were cancelled,
and the men were assigned to canvass
owners and personnel of establishments
where flashlights were sold. They also
were to canvass hardware stores and
other shops where firearms were sold,
in an effort to learn something about
the 32 and .38 automatic pistols used by
the killer-burglars.

Another task force of officers was sent
to dry-cleaning shops and tailors to see
if they could learn anything significant
about the two buttons which had ‘been
torn from the coat of the killers. x

In the meantime, residents of the area
got the first news of the tragic events
that had transpired during the night at
the Lexington Country Club via radio
news broadcasts that Sunday morning.
Newsmen had flocked to the scene at the
first report, but the story had broken
too late to make the Sunday papers,
and no editions were published on Sun-
day, so for the rest of that day, the
shocked citizenry of Fayette County re-
mained close to their radios. Local sta-
tions were interrupting regularly
scheduled broadcasts to air frequent
bulletins and occasional recapitulations
of what had happened.

This widespread publicity resulted in
the first tangible information to come
to investigators. At mid-morning on
Sunday, a newsboy walked into head-
quarters and said he had some informa-
tion, “I think,” about the killing at the
country club. He was ushered in to talk
to Chief McCord. He was obviously ner-
vous, but the 17-year-old youth, clean-
cut and neatly dressed in clean jeans
and a sport shirt, had a piece to say,
and he said it.

“Are you in charge?” he asked Mc-
Cord.

“I’m one of the men in charge,” the
chief replied. “If you have information
about this thing at the country club, you
can tell it to me. What is it?”

The youth took a deep breath and
said, “I think I saw the car those mur-
derers drove to the country club, sir.”

“I hope you're right, son,” Chief Mc-
Cord replied, immediately interested.
“Tell me everything you can remember
about it.” <

But the young man was not to be
rushed, and McCord let him tell the
story in his own way. The youngster
explained that it was his custom to de-
liver the Sunday papers at the club very
early in the morning. When he drove up
he said, he noticed a
strange car parked by the west entrance.
It was parked near Mrs. Miley’s sedan
and Marion Miley’s smaller sports car,
both of which he was familiar with.

“Did you notice anything special about
the strange car?” Chief McCord asked.

The youth was thoughtful for a mo-
ment, then said, “Well, the door was
open on the driver’s side,”

“What time would you say that was?”
the chief asked him.

ain the young man took time to
thi about his reply. “I’d say it was
pretty close to twenty past two this
morning,” he said finally.

“They must have been in the apart-
ment at the time,” McCord said, recall-
ing that the bedside clock had stopped at
2:19. “Now son,” he went on, “this is
very important, can you describe this
strange car?”

The youth did not pause to reflect
about this question. He answered
promptly: “Sure. It was a Buick sedan
—new—this year’s model—a two-tone
job, blue and gray.”

~

“Got that?” Chief McCord asked an
aide who had been eye notes. The

man nodded. “Get out an
right away,” McCord said.

By this time, all the guests who had
attended the party at the country club
Saturday night, as well as all employes
of the club, had been interviewed, finger-
printed, and the prints compared
against those found in the murdered
woman’s apartment. The results were
disappointing, but Chief McCord was
not swayed from his initial opinion that
the killers had had some ge 3 from
someone who was thoroughly familiar
with the club and its layout.

By this time, too, he had received tele-
grams from Keen Johnson and A. B.
“Happy” Chandler, Kentucky governor

d U.S. Senator respectively at the
time. The wires expressed their pro-
found shock at the crime and urged that
no effort be spared to track down the
criminals responsible. The governor’s
wire informed Chief McCord that the
entire facilities of the state were at his
disposal to achieve that objective.

Late that night, a Be no gga for St.
Joseph’s Hospital informed newsmen
that Mrs, Miley now was believed by
attending physicians to have “a fighting
chance” for survival,

On Monday morning police turned up
a feeble clue when they found a druggist
who recalled having sold a flashlight
late Saturday night to a dapper little
fellow who had driven up in a big sedan.
He could not recall the make of the car,
nor offer anything more specific by way
of description.

The next morning, Tuesday, police
acting on undercover information whose
source they would not disclose, ques-
tioned a man identified as Sam ‘ews.
The reason for the official interest in
Rafews was disclosed later.

It seemed that Sam Rafews had told
a friend about an invitation to partici-
pate in a robbery at the country club
about a month earlier. Rafews was a man
of excellent reputation, and the mystery
about why he should have been ap-
proached with such an offer was never
completely cleared up. In any event, he
had rejected the invitation,

What was important, so far as the
investigators was concerned, was. that
he was able to name the man who had
tendered the larcenous invitation, He
identified him as Tom Penney.

A fast check of the criminal files es-
tablished that Tom Penney was an ex-
convict, presently on parole after hav-
ing served part of a 20-year prison sen-
tence for wounding a grocer in an armed
stickup. Penney also had done prison
time for auto theft, the record disclosed.

A pickup order for Tom Penney was
issued immediately, but within a couple
of hours, detectives trying to pick up his
trail discovered that he had been miss-
ing from his usual haunts for some two
weeks.

Was this significant, or was it a cir-
cumstance which would give him a per-
fect alibi by placing him far away ) aa
the country club murder?

For the moment, there was no way of
telling. A comparison of Penney’s finger-
prints as shown on his file card against
prints found at the apartment murder
scene failed to turn up any which
matched.

On Wednesday, September 30, 1941
after church rites attended by hundreds
of friends and sympathizers, pretty
Marion Miley’s murdered body was laid
to rest. Her’ mother did not attend the
funeral. She had taken a turn for the
worse that Wednesday morning, and that
night she succumbed of the wounds she
had suffered at the hands of her mur-

derous assailants, :

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drunken, reckless,

The reward, donated by the
Lexington Country Club, scene of
the crime; private citizens and
governmental agencies, has been
placed in the registry of the Fay-
ette court.

Three men, Robert H. Ander-
son, Tom Penney and Raymond
Baxter, were electrocuted at

Eddyville Penitentiary shortly
‘after 1 a.m. yesterday for the
slayings.

There are eight claimants to
the reward: Detectives T. E.
Brooks and Ed Smith, who ar-
rested , Penney in Fort Worth,
Texas;'Hugh J. Cramer, Lexing-

who identified Anderson’s auto-
mobile as one he saw near the
scene of the crime on September
28, 1941; Jack Reeves, Anna Carl-
berg, Thomas Lunsford, W. B.
Tomlinson and Henry “Ike”
Stevens, Lexington residents.

Releases Statement.

While he was strapped in the
electric chair at Eddyville: Peni-
tentiary, Penney had released a
statement reiterating that Ander-
son was one of his partners in
the crime,

Anderson had been executed a
few minutes earlier and Baxter
was electrocuted immediately
Penney was pronounced dead. —

A fourth man, Ernest Trent,
26, Perry County,
miner, was electrocuted also.
Trent was convicted of the slay-
ing of Hiram Smith, Jackson poe
lice officer, there in January,
1942. Almost tragically, Trent
played “Lord, I’m Coming Home
to You” on a harmonica and Bax-
ter chanted the words of the song
as the latter moved to the electric
chair. Both the voice and the
mournful music wavered re-
peatedly,

Says Both Fired Shots.

Penney’s statement, released
by Penitentiary Warden Jesse
Buchanan, said that both he and
Anderson shot at the Mileys dur-
ing the $130 holdup-killings on
September 28, 1941, but that he
didn’t know which one fired the
shots that killed the noted golfer
ane her nial a Ego
Miley, m @ .

Penney’s a aliccant was given
on January 23, just five days be-
fore the three mien were taken to
Lexington for a hearing on An-
derson's new trial plea, which
was based on Penney's new stery
that the late Buford T. Stewart,
Louisvilia bartender, and not An-
derson, waa the third man in the

ton Herald - Leader carrier boy, ,

Kentucky, ‘

By the Associated Prées.
Lexington, Ky., Feb. 26.—Fayette Circuit Judge Chester
D. Adams gaid tonight he would set a date tomorrow for a
hearing to determine the division of a. $3,000 reward for
information leading to the arrest and conviction of the
slayers of Marion Miley and her mother, Mrs. Elsa Ego Miley.

and participated in the robbery

and murder.”
Anderson Knocked Dewn. '

Saying Penney went into de-
tails of the crime, Buchanan
continued:

“Penney told me that Bod
fired a shot and about that time
somebody (apparently Marion
but not definitely established be-
cause of darkness, the wardes
said) clipped him on the chin
and he went down, and when he

es, elec. Kye (F yette County) February 26, 193.

got up that he (Penney) began >\

shooting. He said he didn’t know.

whether he or Robert Anderson. .
fired the shots that killed the’

women.”

Penney said, “I told the trata —
referring to the“)

at Lexington,’
original trials, Buchanan said,’
Buchanan said he asked Pene ,

ney when he and Anderson “te-~——
cide

d—plotted to make the state-

ment involving Buford Stewart...
“Penney told me,” the warden |

continued, “it was while they
were in the Lexington jail”

Baxter's Part Told.

Lady interposed” that Pennéy tw

told him that “Anderson knew
Buford Stewart was dead then.”

Stewart died February 2, 1942. (

Buchanan said Penney went oa
to say Baxter was not in the chub,
but had driven away. os
. After the executions, Dr. Par-
rish showed newsmen a single
razor blade he said Anderson
gave him in death row. Dr. Par-

planned originally to slash his
wrists with the blade, but td
been dissuaded. fete.

Dr. Parrish said Anderson
him he received the razor bisde
while at Lexington last motth
and that he smuggled it {ito
death row by attaching it to the
bottom of his foot with adhesive
bi os Dr. Parrish said Andergon
told him he received the ‘blade
in a box of aspirin‘he Had ore
dered at Lexington.

The body of Anderson was re-
turned to Louisville by a Louis-
ville undertaker for burial in
Resthaven Cemetery there. Bodies
of Penney and Baxter were taken
to Lexington and Trent’s to Haz-
ard for burial.

ool
rish said Anderson told him he |

State’s Jobless Fund
Most Solvent In U. S.,

Frankfort, Ky., Bed. 28 Q-
The Federal Social Security
Board has’ declared Kentucky's
unemployment compensation re-
serve fund, now $54,805,37721,

Le ttn ned anlrrant’® ang anw of the

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MTUNOD STITASTNOT Pe

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8 license
“ e@ Welch,
' he result
~ 8:36 p.m.
market.

liam F.
‘tstein, at
d Chero-
Biller, 41,
) p.m. on
wexington

irrested
Case

26, and
1 of 337 E.
at 10 a.m.
ged with
olen prop-
red = three

braceiets
room. Po-
rere stolen
. Py Byrd,
leverd, ca

rf

who identified Anderson’s auto-
mobile as one he saw near the
scene of the crime on September
28, 1941; Jack Reeves, Anna Carl-
berg, Thomas Lunsford, WW. B.
Tomlinson and Henry “Ike”
Stevens, Lexington residents.

Releases Statement.

While he was strapped in the
electric chair at Eddyville: Peni-
tentiary, Penney had released a
statement reiterating that Ander-
son was one of his partners in
the crime,

Anderson had been executed a
few minutes earlier and Baxter
was electrocuted immediately
Penney was pronounced dead. ~

A fourth man, Ernest Trent,
26, Perry County, Kentucky,
miner, was electrocuted also.
Trent was convicted of the slay-
ing of Hiram Smith, Jackson po-
lice officer, there in January,
1942. Almost tragically, Trent
played “Lord, I’m Coming Home
to You” on a harmonica and Bax-
ter chcnted the words of the song
as the Jatter moved to the electric
chair. Both the voice and the
mournful musie wavered re-
peatedly.

Bays Both Fired Shots.

Penney’s statement, released
by Penitentiary Warden Jesse
Buchanan, said that both he and
Anderson shot at the Mileys dur-
ing the $180 holdup-killings on
September 28, 1941, but that he
didn't know which one fired the
shots that killed the noted golfer
and her mother, Mrs. Elsie Ego
Miley, manager of the club.

Penney’s statement was given
on January 28, just five d be-

fore the three men were taken to |.

Lexington for a hearing on An-
derson’s new trial plea, which
was based on Penney's new story.
that the late Buford T. Stewart,
Louisvilia bartender, and not An-
derson, was the third man in the
crime, the warden said.

Thursday afternoon, eight
hours before the execution, An-
derson himself said Stewart was
not the third man. He declined to
reveal the third man’s name al-
theugh hw said he knew.

Tells of Confession.

“Tom Penney sent me word by
Porter B. Lady, deputy warden
here. that he had something to
tell me. So Mr. Lady brought him
to my office,” Buchanan said.

“Pennay told me that he had
ambled with his soul by ma

e statements he had made an
he wanted to get it off his chest,
that he wan to tell the truth,

time (just before the execution,
he didn't want to say

The warden declared Penney
told him “that Bob Anderson wae

EE \ at Taringston

at Lexington,’ relerring to the
criginal trials, Buchanan said.
Buchanan said he asked Pen.
ney when he and Anderson “ta
cided—plotted to make the state~-
ment involving Buford Stewart.
“Penney told me,” the warcen
continued, “it was while tray
were in the Lexington jail.” —~

Lady interposed” that Pennép
told him that “Anderson know
Buford Stewart was dead then.”
Stewart died February 2, 1947. ~

Buchanan said Penney went cn
to say Baxter was not in the chuk,
but had driven away. more
. After the executions, Dr. Fare
rish showed newsmen a single
razor blade he said Andersag
gave him in death row. Dr. Pyre-
rish said Anderson told him he
planned originally to slash his
wrists with the blade, but fred
been dissuaded. Si wan

Dr. Parrish said Anderson
him he received the razor biede
while at Lexington last mofth
and that he smuggled it {fifo
death row by attaching it to <be
bottom of his foot with adhesive

tape. Dr. Parrish said Anderson
sta

him he received the ‘blade
in a box of aspirin‘he Had or-
dered at Lexington.

The body of Anderson was re-
turned to Louisville by a Louis-
ville undertaker for burial in
Resthaven Cemetery there. Bodies
of Penney and Baxter were taken
to Lexington and Trent’s to Haz-
ard for burial.

State’s Jobless Fund
Most Solvent In U. 8S.

Frankfort, Ky., Peb. 26 -—
The Federal Social Security
Board has declared Kentucky’s
unemployment compensation re-
serve fund, now $54,895,377.21,
the “most solvent” of any of the
states and territories, V. E&
Barnes, State director, reported
today.

The board’s analysis places
Kentucky at the top of the list
with a solvency tage of 115,
Barnes said. explained this
means there are sufficient funds

on hand to pay every
claim with some to spare.

Woman Held On Theft.
Prostitution Charge ~

Miss Lee Spears, ‘31, was st
rested at 12:45 a.m. taday at the

Kentucky Hotel on charges of |

aS pig and grand larceny,
e }@ter on a warrant sworn fo
fi he Elliot, 38, of McKinney,

neoln County, police reported.
Elliot charged the girl stole $33
from him. A eT ee
tion charge was agninst
James ¥. Thompson, Negro, 3%

of 4002 Grand, who police said
was a Kentucky Hotel bell bop

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j bE IDVAeLE. AY, FEO. 25d At
iA charge that Gov. Keen Johnson
refused to receive an application
for a pardon and to consider it
- without prejudgment was made in
a petition for a writ of habeas cor-
|pus filed in federal court here to
day on behalf of Robert H. Ander-

ison, who is scheduled to die early
Friday for the slaying of Marion
Muley, Lexington golfer.

The petition was filed by S. Rush
Nicholson, Louisville, attorney for
Anderson. Federal Judge Shackel-

furd Miller has scheduled a hear-
ing on the petition for 10 a. m.
Wednesday.

Anderson was brought to Jeffer
son county jail today by Warde
W. Jess Buchanan, of Eddyvill
penitentiary. and a deputy. He was,
_ pale and in good spirits and said
confidently: “Tell them I am inno-
cent and that 1 hope to prove i
Wednesday.”

Nicholson contended in his peti
tion that Anderson had been de
prived of his rights as guarant
by the state constitution and th
14th amendment to the United
States Constitution because
“was convicted by means of false
and perjured testimony. He is inno-
cent, he has exhausted all means
of correcting the: injustice done
f him under the statutes and laws of
» Kentucky and such remedies as are
5 provided by the state constitution
have proved futile and abortive
by reason of erroneous construction
and the unconstitutional applica-
tion of them by officials of the
commonwealth of Kentucky.”

i

we), a

tion said Nicholson had
petition eS ds
last Christmas with regard
application for |

and that

for pardons’

lications
or grant app ere an-

ted and

Nicholson contended that th:
vernor is °
fis duty” under the state consti-
tution “by declining to t

Anderson to
a pardon, and “to cansider w

rejudgment such
P Anderson, who wk


prints of neither man corresponded to
any found at the murder scene.

Temporarily Turner and  Scarbor-
ough were written off the suspect list.

Chief Price, determined to run scar-
faced Tom Penney to. earth, directed
all efforts toward ‘this end. Thousands
of circulars with Penney’s picture, fin-
ger-prints and description and a de-
Scription of the grayish-green Buick
sedan were printed and mailed «to
every police station of any size in the
nation.

The scene suddenly shifted on
Wednesday night to the intersection of
North Main and Fourteenth Streets in
Fort Worth, Texas.

Detectives Theron Brooks and Ed
Smith, Passing the corner, observed a
grayish-green 1941 Buick with Ken-
tucky license plates 1P04 pull to a halt
at the traffic light. In the front seat
were two bare-headed men, one with
muddy blond hair and fair complexion,
the other with dark hair and olive
complexion.

In the rear seat was a broad-shoul-
dered, bull-necked young man whom
Brooks and Smith recognized as a for-
mer Fort Worth prize-fighter. An at-
tractive, brown-haired woman in her
early thirties sat beside the boxer.

Brooks and Smith went into instant
action, drawing their guns, leaping into
the street and approaching the car
from opposite directions. Brooks, mov-
ing toward the driver’s door, saw the
long, trailing scar in the blond man’s
left cheek. “It’s Penney,” he yelled to
Smith. “Be careful.”

The driver smiled as Brooks drew
nearer.

“T’m Penney,” he said with a broad

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Kentucky drawl. “But you needn’t ex-
pect any trouble. We’lj go along.”

Police Chief A. E. Dowell immedi-
ately wired Lexington of the arrests.
Dowell questioned Penney; Smith went
to the police garage to look over the
Buick. ae

Penney . maintained a bantering at-
titude throughout: the “ questioning,
scoffing at Dowell’s suggestions that he
knew something about the killing of
Marion and Mrs. Miley. He declared
that he had been “stringing around”
Louisville on the Saturday night pre-
ceding the Country Club robbery and
that he had stolen the car from behind
a night-club on Main Street.

‘THURSDAY morning, however, Pen-

ney’s attitude underwent a decided
change when Chief Dowell visited his
cell and shoved an empty .32 caliber
pistol shell under his nose.

“Know where this was
Dowell asked acidly.

“Yes,” Penney said, with a shrug.
“Under the front seat of the Buick. I
kicked it there myself and forgot all
about it. It was lying on the floor when
I copped the car.”

“It’s my guess,” Dowell said, grimac-
ing, “that this shell is from the gun
that killed the Miley women. Natu-
rally you’re going to deny it. Natu-
rally we’re going to prove it.”

Penney’s face had turned ashen. The
scar stood out lividly.

“Get out of here!” he snarled.

A few minutes later Dowell was
connected by long-distance telephone
with Chief Price at Lexington.

“I’d_ suggest,” Dowell said, “that
some of you fellows get down here
right away. Penney’s in a corner. He
may begin to sing at any moment.”

“Let him have his head,” Price an-
Swered. “Sheriff Thompson and I will
be in there some time late tomorrow
night and I think we’ll have the goods
with us‘that will crack Penney.”

Price and Thompson reached Fort
Worth Friday evening. With them
was Lunsford, brought along to exert

found?”

moral pressure on the former convict.

Before Penney even learned that the

Lexington party had arrived,. Chief
Price declared that ballistics tests had
‘determined that the empty. shell found
in the gray-green Buick had been fired
by the same gun that had fired the
shells picked up at the- clubhouse.
Penney’s . finger-prints, Price °
nounced, matched, as perfectly as prints
could match, the half-smudged bloody
prints on the wall above Marion Mi-
ley’s body.
_ Even when Price faced Penney in his
cell and described the scientific evi-
dence allegedly linking him to the
Lexington horror, Penney insisted that
he had not been in Lexington on the
night of the killing.

Throughout Saturday Penney main-
tained his innocence, even though con-
fronted by Lunsford. Sunday morning
Penney began to lose ground steadily.
He tripped himself in dozens of lies. He
stammered and his hands shook.

Finally he leaned back in his chair
and clasped his hands behind his head.

“Chief,” he said, “I can’t carry that
thing on my conscience any longer. I’m
guilty as Hell.” ,

Penney then made a complete con-
fession, police announced.

In a low, toneless voice, he de-
clared, according to police, that he and
a man named Anderson had left Louis-
ville in the gray-green Buick at 8:30
p.m. the Saturday night of September
27. This was the Buick in which Pen-
ney had been arrested in Fort Worth—
a car belonging to Anderson.

“Anderson and I,” Penney said in
this alleged confession, “began to talk
about how we could get some easy
money. I suggested the Lexington
Country Club. I used to deliver beer
there and I knew the place well.
We drove out to the Club. The service
door was open and we went inside and
pulled all the basement switches. Then
we went through the kitchen and to the
top of the stairs. Anderson picked up a
piece of iron from the stove and we
used that to break in the panel :of the

‘when - I
an-,

door upstairs. He reached on the in-
side and opened the door and I fol-
lowed him in.

_ “There was a bunch of screaming
and scuffling before I got in and as
soon as I got in something hit me on
the chin and I got knocked down and
| got up. and started back
through the hall, someone grabbed me
by the neck and I hit at the person.
with the gun in my hand. It went off
and then the shooting started. I don’t
know how many times I shot.”

Penney’s reference to the “someone”
who “grabbed me by the neck” meant
Marion Miley, Chief Price said. The
golfing star had paid with her life for
running to her mother’s assistance.

Penney declared, Price related later,
that with Marion lying dead in the
hall he and Anderson went into Mrs.
Miley’s bedroom. They took the money
and fled, burying the guns. These later
were recovered.

Penney then signed the confession as
it was written down, Chief Price said.
Penney added, however, that he had
picked up the prize-fighter and his
girl in Jacksonville and the other man
in Louisville and that “they were just
riding around with me.”

FORT WORTH police immediately re-
leased them. No charge had been
placed-against them at any time.

Within an hour after Penney’s sup-
posed confession, a squad of Louisville
police took Anderson into custody.

He protested his innocence, declar-
ing that he had left the night-club he
owned shortly after 1:30 on the Sun-
day morning of the killings and had
gone directly to bed.

Friday, October 17, both P y and
Anderson were indicted by the Fayette
County grand jury. At the same time,
officials announced they had taken into
custody Raymond Baxter, greenskeep-
er. They declared that Baxter was ac-
cused by Penney as the “inside man”
in the holdup. .

As this issue
have been set for

goes to press, trials
October 27,

The Andrew Capoldi Case (Continued from Page 9)

feared him. Thus, inevitably, they
thrust him farther down the ladder of
depravity. . ;

He was stupid and irrational. Ata
later psychiatric examination he stated
that two times two is two and he was
unable to distinguish between a lie and
a mistake. He did not know how longs

Poldi quickly got himself into his first
serious trouble.

On June 9 of that year, a Chicago
Policeman said he had seen Capoldi
make advances toward two children.
The fficer was at home off duty when
] ‘ard a child scream. He ran out

aelz Anny

poldi on a morals charge. It is the

opinion of a man learned both in the

law and in the psychology of human

emotions. He was positive that Capoldi

was a potential murderer, for he © 7

how often sex offenders are repe
Yet they turned Capoldi, the


From "Chuck" to "Chuck"—to Ruin (Continued from Page 21)

I was just kidding, or thought I was
at the time. There was something,
though, about Big Chuck Aubert that
I liked. I didn’t even stop to analyze
how I felt toward him until later that
evening when Little Chuck and I were
walking home and laughing about
how we’d sobered up the. drunk.

“That’s all okay,” said Little Chuck,
“put I don’t want any funny. stuff,
Baby. Remember, you're my girl.”

“What do you mean?”

“I mean,” Little Chuck said in a
deadly serious monotone, “just what I
said. You’re my girl and I don’t want
any funny stuff. You and I are going
to get married one of these days.”

I looked down at the little fellow
and saw that he wasn’t joking. He’d
really meant what he’d said.

“Well,” I told him, “I don’t feel that
way about you. You—you’re more like
a brother to me. I couldn't marry you.
Besides, who would I get funny with?”

“That drunk back there.”

“Him? I should say not. I know
too much about drunks and I don't
want any part of them.”

“Don’t kid yourself,” Little Chuck
said. “I was watching you and I saw
your eyes. You love that guy already.
But I'll fix that. He’s nothing but a
punk.”

“Love him? Don’t be foolish.”

| FORGOT what Little Chuck had said

and I told myself it was only curi-
osity when I went back to the tavern
the next night. I wondered, though, if
Big Chuck would be there waiting for,
me and I was surprised how fast m
heart was beating when I push
through the door, and how I held y
breath.

But Big Chuck wasn’t there.

My eyes searched in vain along the
bar and tables. I saw only one per-
son I knew, Sam Calley, the sheik.
Calley was a good-looking boy—too
good-looking. He had black, slicked-
down hair and soft, brown eyes. He
was a friend of Parisi’s, so I walked
over to his table.

“Seen any of the gang?” I asked.

“Not tonight. Earlier, though, Little
Chuck told me he’d be here. He and
Hank Thomas and a new guy I’ve
never met are out somewhere. They'll
be due here any minute. Little Chuck
told me you'd be coming in and said
for you to wait.”

I just started to drink some beer
when the door opened and Little Chuck
walked in. Behind him came Hank
Thomas, a big fellow with an easy-
going manner but a nasty temper. Be-
hind Thomas came the new fellow.

And the new fellow was Big Chuck!

“Hi, Baby,” Parisi called. “Thought
you'd be here.”

“Hello, Angel,” Big Chuck said.
“T’m glad you came in. Your boy
friend and I have decided to bury the
hatchet. He said he wouldn't mind if
I had a date with you now and then.”

“That's for me to decide, isn’t it?”
I was cold with anger. “Just for that
neither of you'll get dates.”

“Oh, come off of it,” Little Chuck
said smoothly. “Sit down and have a
beer.”

That night I got to know Big Chuck
better.

“I see you've sobered up,” I said.

“Yes. Angel. Just for you.”

“Then all of your troubles are over,
eh?”

A serious expression came onto his
face. “No,” he said, “I've still got
troubles.”

“Tell me about em.”

Then, while Little Chuck smirked
at us and drank his beer, Big Chuck
to:d me how he’d been separated from
hi wite and how she was suing him
for ronsupport.

“But,” he concluded, “I haven’t got
a cent. I haven't worked for weeks.
I can’t find a job.”

Poor kid, I thought, he needs help, ’

friends. He’s helpless by himself.
Little Chuck leaned across the table.

“Maybe,” he said, “we can find you
a job. We’ll talk it over later.”

I didn’t like the tone in the little
fellow’s voice. I knew his streak of
cruelty and thought this was one of his
pranks. I looked at him closely and
he seemed serious enough. Then I
wondered for the first time what Little
Chuck did for a living. I didn’t know
how any of the boys made the money
they spent. They were just kids I’d
grown up with. I figured they’d lined
up some sort of work in the automo-
bile plants.

“Gosh,” I told Little Chuck, “that’s
fine. When can Big Chuck go to
work?”

thing serious. But right now I’m afraid

“Why? Why are you always afraid
of things? You shouldn’t be that way.”

“Well,” he said, “there’s my ex-
wife for one thing. They’ve got a war-
rant out for my arrest. Little Chuck
told me about that. And then there
are other things, too.”

“What other things?”

Big Chuck didn’t answer me. He
just sat there pinching his chin with
the thumb and forefinger of his right
hand.

“It’s just trouble, Angel. Forget
about it. Come on now, give me a
kiss.”

I asked Parisi about Big Chuck’s
troubles the next day and Little Chuck

was sentenced to death in the

in unsolved.”
ovember

carried in
e ti
‘of the Rose

series.

Fran

in cases already described.

Up to the Minute

MONSTROUS sex criminal Jarvis Roosevelt Catoe of Washing-
ton, D. C., who confessed at one time to a dozen rape killings,

Catoe was tried for the slaying of Rose Abramowitz in Washing-
ton. He pleaded innocent, told the Judge, “After I’m gone the

e, “I, Jarvis Roosevelt Catoe, Do Confess— ls
Abramowitz murder also were given in the October;
1941, issue as one of the stories in the Washington Rapist Slayings

Already all three of the men accused of the murder of Marion
Miley, golf star, and her mother, near Lexington, Kentucky, face
possible execution. Thomas Penney, Raymond Baxter and Robert ”
Anderson were convicted of first-degree murder in the closing
days of 1941, and death sentences were recommended. The Miley
case was given in full detail in the December, 1941, issue.

Lucyle Richards, who wrote about her fatal quarrel with

y p

issue, was acquitted of charges of murder by a Texas jury.
From time to time this department, Up to the Minute, appears
in this magazine to acquaint readers with current developments

Nation’s capital one month ago.

The story of Catoe’s capture was
TIVE STORIES,

as >

“Tonight if he wants to,” Parisi said,

laughing. “We’re going on duty about:

midnight, aren’t we, Sam?”
Sam Calley grinned and nodded.

In the weeks that followed, I saw
Big Chuck almost every night. We
spent many evenings together alone
and I knew then for certain that I was
in love with him. I think that he felt
the same way but was shy about say-
ing anything. Or was it for some
other reason?

The strangest thing about the situa-
tion was the fact that Little Chuck
didn’t seem to mind my going with
Aubert. Big Chuck had bought. some
new clothes and he seemed to fit into
our bunch easily. Some of his confi-
dence was coming back—or so I
thought. He and Little Chuck were
rooming together—another strange
angle.

“He’s not such a bad fellow,” Little
Chuck told me one day. “And he’s
staying sober. But I still say that he’s
a punk and that he hasn’t a sign of
guts.”

“He’s got plenty of nerve,” I argued.
“It just needs developing. I’ve kept
him sober and I can give him confi-
dence, too.”

“T think you’re talking through your
hat, Baby.”

During this period Big Chuck finally
told me that he loved me. We were
out riding one night in Hank Thomas’
car and Hank was driving. Big Chuck
put his arms around me and pulled
me close to him.

“T go for you in a big way, Angel,”
he said. “And after I get my troubles
cleared up I want to ask you some-

just laughed at me. I insisted that he
tell me what was wrong.

“Well, Babe,” he said, “if you really
want to know what the trouble is I’ll
tell you. I know that you won't talk
—you’re not the type to squeal. Here’s
the truth in a nutshell: Big Chuck is
a thief!”

Big Chuck a thief! I couldn’t believe
it. Yet that would be an explanation
for his being so evasive. It must be
true. What could I do about it? How
could I get him to stop?

I cried myself to sleep that night.
The man I loved was a crook and a
weakling. I knew in my mind that
Big Chuck wouldn’t be worth a whoop
unless someone straightened him out.
He needed a strong hand to guide him.
But was my hand strong enough?
Could I make a man of him?

When I saw Big Chuck the next day
I treated him like a stranger.

“What's the matter, Angel?”

“Don’t talk to me. Little Chuck told
me about you.”

H* LOOKED at me with a surprised
expression in his eyes.

“Little Chuck told you what?”

“Why, he said you were a thief.”

Big Chuck cursed. “That little rat.
I'd like to break him in my two hands.
Don’t you know what Little Chuck
does? What Sam Calley does? And
Hank Thomas? They’re all thieves—
every last one of them. That’s how I
got mixed up with them—through you.
Little Chuck told me the first night—
the first night I’d sobered up, remem-
ber—that you knew they were all
thieves and you knew about the
gang. I believed him. He told me

you’d think more of me if I did join
up and show a little spunk. I was in
trouble already and I couldn’t see any
harm in going along to steal a few
cigarettes.”

All my friends thieves? Was Big
Chuck telling the truth? Were all the
kids I’d grown up with trying to beat
the law?

“You’ve got to quit!” I shouted.
“You've got to quit right now! I won't
stand for it! All you’ll do is work
your way into prison!”

“Sure,” he said. “I know that. I'd
quit—I’d quit in a minute. But I was
afraid that I’d lose you. And I can't
quit now. They’ve got me cold. All
they have to do is squeal to the cops
and I'll be picked up in a minute.
They’ll tell the police about these last
jobs—a telephone call will do it. Do
you want me in jail?”

What could I say? What could I do?
I knew Big Chuck was caught—caught
in as vicious a set of circumstances as
anyone could be. But I wanted to
fight anyhow. I remembered how Dad
always blamed his troubles onto some-
one else. Big Chuck was doing the
same thing. Maybe I could force him
to call the gang’s bluff.

“You tell them,” I said, “that you
won’t go on the next job they want to
pull. If they want to squeal, two can
play that game, too.”

“But I’m no squealer, Angel, and

Little. Chuck knows that.”
“Well,” I said, “try ’em and see what
do. It may take a little guts, but
I know that you’ve got ’em.”

I :

what) I had advised—just exactly the
I had told him to. But Little
ck couldn’t be bluffed.

Big Chuck Aubert was arrested on
the nonsupport warrant. The man I
loved was in jail.

| DID some crooked thinking about
that time. To me anything seemed
better than to have Big Chuck in jail.
I went to the only close friend—at
least I thought he was a friend—who
would help.+-That friend was Charles
Parisi. I can’t tell you why I trusted
him, but I did. Always before he'd
done just what I asked him to do. This
time, though, he laughed at me.

“T’ve got him where I want him
now, Baby,” Parisi said. ““‘Why should
I help him? Let him take his medi-
cine. The big palooka hasn’t any guts
—I always told you that. He tried to
quit on us just when we’re planning
some big jobs.”

“Please,” I pleaded, “please get Big
Chuck out of the jam he’s in. I know
that you can help if you only want
to.” :

“What's -in it for me? You know
that I go for you, Babe, and why
should I get that dumb ox out of the
can?”

“Well,” I said, hesitating. ‘Well,
if you help me to get Big Chuck out
of jail I’ll even consent to...”

I let my voice trail off as though
I was promising a lot, and Little Chuck
fell for it. I guess I was his only weak-
ness. He always did everything I told
him to. He didn’t do it without a
struggle, though.

“He’ll only get a month or so on this
charge. That'll be good for him. It'll
teach him a lesson that he can’t play
two ends to the middle with Charles
Parisi. Besides that I don’t like the
way you’re going for him.”

“Then why don’t you kick him out
of your gang?”

“T just want to show him up,” he
said. “I want you to find out for your-
self what a false alarm he is. I know
you like him—lI can’t help that, but
if I put him in a spot he always will
come up tails.

“Forget that punk and marry me.

March Issue of ACTUAL DETECTIVE STORIES on Sale Friday, February 13

36

AD—-l0a


¢ es is ~¥=
sd, eon. F: ?
C4 z ¢ ze
: Uv ¥A

ry
 ¢,

She must
he side of
here some-

log running
1e had seen
hrough the
ating, drift-
ird the sun-

dal ee

WITNESSES—
Bud Tomlinson and
Thomas Lunsford
flew to Fort Worth,

I sndladiaiaa ¥ % ‘
rise, driving swiftly in a car into
the sunrise, in a car that would take
her to Marion....

Marion was hurt! She must be
losing her mind, to lie here like
this. She must go on quickly, be-
fore her mind went. What if she
got to where she was going and
could not tell them that Marion
needed help? What if she died be-
fore she got there?

There was a building at the other
side of the road, she knew it was
there. She strained to see it, and
presently she could make out its
grey outlines in the mist. It was only
a few feet off ...a mile... a
thousand miles... .-

Then she was lifting herself up
the steps, half sitting upon the
porch. She raised a bloody fist and
pounded on the door...

HE woman was dying. The
surgeon Who was to operate,
Dr, Frederick Rankin, had told

DRIVER—
of this car brought
tragedy to family.

WEEPS—

Fred Miley.
golf pro, at-
tends daugh-
ter's funeral.

that.
were

them
There
' three bullets in
her abdomen; she had lost a vast
amount of blood. It was remarkable,
he said, that wounded as she was,
she had been able to drag herself
for a quarter of a mile to get help.
Even more remarkable was the fact
that she was still alive... but the
three officers did not need to be
told that she had not long to live.

Like one already dead, the wom-
an lay covered up to the neck with
a crimson-dauhked sheet on the oper-
ating table. The left side of her
face was mottled with a great pur-
ple bruise. She had not sensed their
approach, Her eyes were closed, her
face expressionless. Even when the
doctor spoke she did not move.

“The officers are here,” he said
gently. “You must try to talk to
them. Try to be calm. If you feel
too weak to go on, you are to sig-
nal me at once.”

For a long moment the woman
gave no sign that she heard. The
men, behind the sterile gauze masks,

e\ q: an
ay
he

i
ie i

255 PARKING §
7« TO
DAY’ STORAGE #

NIGHT STORA
Monthly Rates

PATTY BERG—
‘cries at funeral
of her friend.

stood in a tight little
group at her side. °
Thirty minutes be-

— fore, at 4:43 A.M., on
Sunday, September 28th, Fos-
ter Beatty, desk man at Fayette
County patrol headquarters had re-
ceived a frantic call from J. Mz.
Giles, head of the Ben-Mar Sani-
tarium on the Paris road just out-
side Lexington. There had been a
shooting, the latter reported, at the
Lexington Country Club, some 300
yards down the road; Mrs. Elsa Ego
Miley, manager of the club, had
staggered to the door of the sani-
tarium to tell him that her daughter
had been wounded, and thén had
collapsed herself.

Beatty had put in the call for an
ambulance at once, and Patrolmen
Virgel Mann and John Doyle were
assigned to investigate. What they
found was enough to rout the chiefs
of three separate county law en-
forcement agencies from their beds
and send them speeding to St. Jo-
seph’s Hospital to question the dy-
ing woman. They waited now to
hear her story.

At last Patrol Chief J. W. Mc-
Cord moved closer.

“We have to know what hap-
pened ... you want the men to
be punished ”

The blanched lips parted. The
officers leaned forward in an agony
of tension,

“Marion ... I want to know...

(Continued on page 44)

Page 39


a

7

done to me, as |

haven't hurt my baby

by HELENE HORVITZ .

anxiety to get past the bottom
step of the stairway and her
knee slipped, so that she had to
twist over to avoid coming down
on her stomach. Somehow the sud-
den motion made the pain in her
head more intense.
She knew it made
the blood come more
quickly; she felt the
warm stream spurt-
ing from the hurt in
her belly, widening
on the front of her
night-dress, flowing

OS: moved too quickly in her

ATHLETIC—
and healthy, she still
couldn't fight bullets.

4 Mos 9g ee! x?

Sf pind ae é

&

DMM EL Le CO

DP} Yared V7

down her
blood sick:
pain. It w
lovely new
It, would
had not or<
the dance
club it) wa
the rug w:
It was
she lay she
lounge, but
different fr:
the day, fi:
that eveni
clothed pe
music.
Now it:
she could
at the ot!
before sec
ing in at t
her of Ch
ture had |
the chairs
together
afraid aga)
Perhaps
Perhaps t!
where beh:
ing her ev
away.
She trie

she still
sullets.

1

down her thighs. To think of the
blood sickened her more than the
pain. It was staining the rug, the
lovely new fawn-colored rug.

It would have been better if she
had not ordered it rolled back after
the dance... as manager of the
club it was her duty to see that
the rug was not spoiled. . .

It was so strange. From where
she lay she could see into the main
lounge, but it was different, terribly
different from the way it was during
the day, from the way it had been
that evening, filled with brightly
clothed people dancing to shining
music.

Now it was immense, in the dark
she could not make out the walls
at the other end. She had never
before seen the moonlight stream-
ing in at the windows; it reminded
her of Christmas cards. The furni-
ture had taken on strange shapes,
the chairs were too large, too close
together suddenly she was
afraid again.

Perhaps they had not yoie away.
Perhaps they were hiding some-
where behind the furniture, watch-
ing her even now. She had to get
away.

She tried to move. She had to

find a way ,to move that did not
stir to ‘boiling point the pain inside
her. She stretched out her right
arm, leaned her weight upon it.
Very slowly she pulled her body up
to it. Tears ran down her face. It
was too hard. It wasn’t fair that
she should have to do it alone. She
needed help ... if Fred were here,
he would help her. But he never
came on week-ends; a golf pro is
busiest over the weekend.

If it had happened in the middle
of the week—but this was not some-
thing she could be expected to bear
alone.

Perhaps she could go more quick-
ly on her knees. She dug her hands
into the rug, pulled herself up pain-
fully. At first her knees collapsed
beneath her weight ... it made her
angry that they would not carry
her. Again and again she lunged
forward, and then she was crawling
quickly, like a crab, like a swimmer
doing the crawl, she thought. And
then she was in the grill-room, and
there was the door that led out-
side to the drive. :

When she reached up to turn the
knob new little knives of pain stab-
bed through her and she doubled
up again on the floor. She knew she

would have to rest. She didn’t want
to rest now. She wanted to get
away. They might come back and
find her here, lying helpless, with
no one to protect her... .

Where was Marion? Marion
would help her. She always helped
her mother. She was a fine girl, a
strong girl... where was she now,
why didn’t she come to help her
now?

Marion? A. sob tore her throat,
she strained upward and found the
door-knob and pulled open the
door. For it was Marion, she re-
membered, who needed help. Mar-
ion was hurt, she might be dying. . .

She was on the graveled path,
and the sharp stones cut cruelly
into the bare flesh of her legs and
into the palms of her hands. She
was crying because of the new pain
and the old hurt in her belly but
she could not turn back.

It was Marion this time who
needed help, Marion what if
she were so badly burt that she
could no longer play, could no long-
er stand proudly on the mound just
ahead, awaiting her turn, and then
move forward and swing quickly
and surely, and hear the roar of the

Page 37


OFFICIALS—
examine the car
which led to cap-
ture of murderer.

MOTHER— ‘
of victim and a
victim herself of
the brutal killer.

|

“WANTED FOR MURDER

$3,000 REWARD

Offered by Mr. John S. Yellman, Secretary-Treasurer of the
| . Lexington Country Club

For Information leading to the arrest and conviction of the following
described p who on the ing of September 28, 1941, murdered
Mrs. Fred Miley and her daughter Marion Miley at the Lexington Country

Club on the Poris Pike, Fayette County, Lexington, Kentucky.

DESCRIPTIONS

No. Believed to be white, thin and tall, about 6
feet, wearing a light gray suit and soft hat,

masked.

No. 2—Believed to be white, stocky and dark, masked.

All Information Concerning Above Communicate With.
‘Augtin B. Price, Chief of Police, Lexington, Ky.,

crowd as the ball sped through the
air and bounced gently to the green
below ... what if she might never
have a chance to be champion again,
to add another shining trophy to
her collection?

HERE was she going? It
was late ... so late that al-
ready the black of the sky was be-
ginning to fade to blue. Soon she
would see the sunrise. But if any-
one should see her here, outside
in her nightdress? How had she
come here like this? She tried to
stand, and fell back in an agony
of pain. Something had happened
. something terrible, more awful
than she could have imagined. She
was going to get help.

She would go to the Laceys’.
‘Come to us, my dear, if ever any-
thing should go wrong, they had
said.

Two women alone in the second
floor apartment of a country club,

Page 38

DEATH—

POSTER—
offering $3000 reward
for arrest of killer.

without a man on the grounds
to protect them ... dangerous,
everyone had said. But Marion
would protect them, everyone
knew that Marion was brave and
strong. She was a fine athletic
girl, as strong as any man. .

At the gatepost she crawled to
the side of the road and lay upon
the grass, breathing heavily .. .
the grass was soft, the earth
smelled sweet. It would be good
to lie here, not to move. The pain
was not so bad when she wasn’t
moving. She could rest, a great
black blanket seemed to be draw-
ing over her, blotting out the
pain ... but she had to go, there
was something she had to do. She
could not remember for the mo-
ment what it was, but she knew
it was important.

Once she was started she would
remember what it was she had to
do. She must turn here down the
Paris pike, make her way down the

overtook champion in BY
the prime of youth.

road toward the right. She must
remember to keep to the side of
the road. Cars went by here some-
times terribly fast.

She would be like a dog running
across the road, a dog she had seen
run over once, flying through the
air ... she was flying, floating, drift-
ing through the air toward the sun-

WITNESSES
Bud Tomlir
Thomas

flew to For

rise, driving s:
the sunrise, in ;
her to Marion.
Marion was
losing her mi:
this. She must
fore her mind
got to where
could not tel!
needed help? '
fore she got tl
There was a
side of the ro
there. She str:
presently she
grey outlines in
a few feet off
thousand mile:
Then she w
the steps, ha!
porch. She rais
pounded on tl!

HE wom:
surgeon w
Dr. Frederick

what did they do to her? They didn’t
kill Marion——”

“She’s all right,” McCord said, his
voice controlled. “She’s fine.”

It seemed that they were to hear
nothing more. But after a pause the
feeble voice went on.

“A noise woke me up...I thought
it came from the hallway. I turned
on the light, dnd then I got up out
of bed. I was going outside to see,
and oh, I can’t tell you, I can’t tell
you any more! He hit me, and I fell,
and then he kicked me.

“There were two of “them
they came into the room before I
got to the dobvr. ‘They were anpry.
One sald, ‘Where is the money?’

“He kicked at me, hard, with the
toe of his shoe’... again he shouted
something about the money. I told
him it was in the closet. I was cry-
ing ... but I told him where to
find the key.

“.. I wanted to go over to the
bed. I began to get up. It was then
I heard the shots.”

“I’m afraid this can’t wait any
longer,” the doctor told the officers.

“But we haven't got anything yet,”
the CAptain of Detectives protested.

While the intern prepared the pa-
tient to receive the transfusion, the
detectives shot forth their questions.
Had the woman seen either of the
men before? How did she_ think
they had managed to enter the club?

Her replies were vague—the replies
of a woman ho longer wholly of
this world. She could not remember
~ .. she was tired ... she thought
that one of them was tall and wore
a greyish suit... the other was
smaller, wore dark clothes . .. she
knew neither of them...

The men were helpless. The only
thing they could do next, they real-
zied, was to see what clues the mur-
der scene might yield.

6¢Gomeone go down to the basement
““ and get these lights working,”

’ snapped Detective Captain Joe Har-

rigan. “They may not have cut the
wires—probably just pulled’ the
switch.”
He didn't move his own eyes from
the object that lay in the center of
the bright cone of light from his
flash. Nor did any of the others—
County Patrol Chief McCord, Fay-
ette County Sheriff Ernest Thomp-
son, City Detectives Joe Hoskins and
John L. Sellers. All were staring
down at the twisted figure of the
girl, outlined in a black pool of
blood on the floor of the hallway.

Page 4

The girl was sprawled face down-
ward, arms outflung. Even in death
the figure was taut, every line of
the slender body revealed the vic-
tim’s rebellion against her. fate. It
was obvious that she must have
struggled to the end, to the instant
when the first deadly slug had pierc-
ed her skill, perhaps until the sec-
ond bullet had torn into her back.

“She must have been game, all
right, to try and put up a fight,”
Harrigan remarked.

A dim light went on suddenly over-
head, and streams of light appeared
from the two open doorways on ei-
ther side of the hall, At the same
moment, Coroner J. Harvey Kerr ap-
peared at the top of the stairs.

While the coroner went to work
on his preliminary examination of
the body, the officers moved on to
the door at the left. They saw a
simply furnished room, a room in no
way upset or disarranged. Someone
had slept in the bed; the covers had
been turned back as if the sleeper
had arisen hurriedly.

The appearance of the _ second
room was in startling contrast to
that of the first. The sight that in-
stantly drew the officers’ attention
was the dark pool of coagulated
blood in the bed. Their eyes traveled
over other details of the room—the
overturned end table, the other
furniture pushed out of place.

Carefully the men moved through
the room. They discovered at once
two clues of importance: Three
ejected cartridges evidently of small
calibre, were on the floor beside
the bed, and an electric clock on
the bureau had stopped at 2:19.

“Those shells are our first break,”
Harrigan observed. “With these, and
with the bullets that will be taken
from the bodies of the victims, we'll
have something to go on.”

(THE fact that the clock had stop-

ped at 2:19, when it was known
that the crime had taken place at
approximately 3 o'clock, seemed to
indicate that the men had first pull-
ed the switch before entering the
second floor apartment.

“But,” McCord pointed out, “if
you remember, Mrs. Miley said that
when she got out of bed to investi-
gate the disturbance, she turned on
the lamp near her bed. If that was
the case, the switch could not have
been pulled until after the com-
mission of the crime. On the other
hand, why should they have stopped
to turn off the lights then, when

they must have been anxious to
make a getaway?”

The others glanced around, stared
at the sheriff questioningly. He went
on. “If this was a hold-up, why
didn’t they take a look around for
valuables? They had both women out
of the way. Yet there isn’t a single
drawer pulled out in that bureau;
the place has no appearance of be-
ing ransacked.”

Coroner Kerr was ready with his
preliminary report.

“She’s been dead,” he stated, “for
approximately two hours and a half.
She was shot twice by a small calibre
gun at close range.” He Indicated a
powder burn on the left side of
the back near the shoulder. “One
bullet entered here, ranged through
her chest. The other entered the
back of her head and emerged be-
neath her eye.

A swift search revealed that every
lock except that on the rear door
which the patrolmen had been
forced to break in order to enter,
was intact. Every window except
one in the kitchen was closed and
locked; the kitchen window was
blocked on the inside by a large re-
frigerator, which would have made
it impossible for eee to climb
inside.

On the edge of a screen on one
of the front windows, there was a
fresh mark, apparently made by a
chisel. The screen, however, had not
been cut.

“They didn’t force their way in,”
McCord said positively. “Either one
of them worked here at the club and
left the door open last night, or
they had an accomplice here who
left it open for them.”

In a drawer in the cashier's desk
in the lobby, some $60 in cash was
found, and in the pantry, huge sets
of heavy silverware seemed to be
intact.

When Guy W. Maupin, superin-
tendent of identification of the Lex-
ington police department, arrived
with his crew of photographers and
fingerprint men, the officers first
on the scene decided to make way
for them. They sped to the office
of Chief of Police Austin Price in
Lexington.

Price's first move.was to dispatch
men to question everyone who might
have had a reason to pass along the
Paris road near the hour when the
crime was committed.

A wire was sent to Fred Miley,
husband of Mrs. Elsa Miley and
father of the girl, at the Maketewah

Country Club
etghty miles |

Before orde
up of all e
Price questio:
sistant mana:
that after th:
at one A.M.,
Miley two sa
$150 in bar :

Mrs. Miley
to her room,
receipts in a2
of her closet
other money
said, except t
found in the

Cobb prom
of employees
addresses, a1
former emp!
left or been
past two yea

T WAS ne

when Sup
catlon Mau
quarters toon
obtained = fit
palmprints |
room; there
of course, ¢:
against the «

Alleging
Jr., who is
of Little No
two childre


The name of the man who had
approached him, Lunsford said, was
Tom Penney, a 32-year-old carpen-
ter living on South Jackson Street
in Lexington. Penney had already
served two terms for robbery. Once,
during a hold-up, he had shot two
men.

The suspect was not to be found at
his home, nor could his family en-

lighten police as to his whereabouts. -

At once a description of the man
was flashed over the teletype.

A day later, more information
pointing to the suspect was volun-
teered. Bud Tomlinson, a service sta-
tion attendant, told police that only
a few days before the crime, Penney
had attempted unsuccessfully to bor-
row a gun from him.

Neither Tomlinson nor Lunsford,
however, knew who the man’s ac-
complice might have been.

But more than 600 miles away, in
Ft. Worth, Texas, two city patrol-
men were on the job,

“They just don’t look like the
type,” Officer Theron Brooks was
saying to his buddy, Ed Smith. “They
don’t look. as if they’ve got two
bucks between them—and_ that
Buick they’re sitting in must be
worth more than a grand.. .”

The thought struck both of them
at once. Curbing their machine, they
approached the men, demanded to
see the owner’s license. When the
two men, both unshaven and shab-
bily dressed, could not produce the
license, the patrolmen took them

‘to headquarters to be questioned by

Detective Captain A. E. Dowell.

A few hours later, Lexington Chief
of Police Austin Price, Sheriff Ernest
Thompson, and Detective Frank
Gravitt were en route in a high pow-
ered special car to Ft. Worth. With
them were Bud Tomlinson and Tom
Lunsford. One of the men had identi-
fled himself as Thomas C. Penney!
He admitted that the car he had
been driving was one that he had
stolen in Loutsville,

For twenty-four hours Penney con-
tinued to deny that he had had any
part in the Miley slayings. Then,
on Saturday, October 11th, confront-
ed with Tomlinson and Lunsford, he
broke. He had planned to rob the
club, he confessed.

His version of the shootings was
confused:

“_,. I broke in. There was a bunch
of screaming and scuffing before I
got in and as soon as I got in some-
thing hit me on the chin and I got
knocked down, and when I got up
and started back through the hall,
someone grabbed my by the neck
and I hit at the person with the
gun in my hands and it went off,
and then the shooting started and
I don’t know how many times I
shot.”

On Saturday, October 18th, in-
dictments were returned by the
grand jury jointly charging Penney
with the murders of Marion Miley
and her mother.

hie te

*) pe ag et 4h

Nee ehh pent

og GHOUL OF "GREENWOOD GRAVEYARD. - |
i “ tu Pia he oe Dae?

ts "(Continued from poy 35) hs he

Se A Tt Ae YT EET ms os DRO me

tanooga divorcee; had been laid to
rest the afternoon before. Denton
had been present at the services
which preceded the burial, had re-
mained to supervise the filling of
the grave.

“Strange,” he said softly to him-
self, “no rain last night, and yet
the earth has settled a’ good six
inches at the head.”

Denton stepped closer and_ his
eyes widened as he noted that some
of the floral pieces appeared to have
been trampled in the dirt, then set
again in their original places. Five
minutes later he was in the office
of B.M. Acuff, general manager of
the cemetery.

In the fifty-year history of Green-
wood Cemetery there had never been
a case of grave tampering, yet one
glance at the soft earth over the
spot where Holtzie Guess had been
buried the afternoon before convinc-
ed the general manager that some
person had dug there. He immedi-
ately instructed Floyd Summerhill! to
remove the floral pieces and a foot
or so of earth.

Five minutes later Summerhill un-
covered what all three men recogniz-
ed as a Splinter from the rough
pine box that had enclosed the girl’s
expensive casket. An immediate call
was put in to the office of Sheriff
Fred Payne of Hamilton County.

Chief Deputy Sheriff Roy Mor-
phew and his assistants, John Fryar
and C. H. Dempsey, were the first
officers to arrive at the scene. Mean-

Page 46

while, Acutl communicated with Mr,
and Mrs. J. H. Godfrey, parents of
the dead girl.

At noon on Monday & solemn group
of men stood about while Summer-
hill, aided by Charles Scroggins, an-
other cemetery employe, started re-
moving the remainder of the earth
that had been thrown over the girl’s
casket the afternoon before. Among
those present were relatives of the
girl, City Homicide Detective E. E.
Smith, and Eugene Turner, local
funeral director.

Soon the two grave diggers came
to the shattered box top. Lying be-
neath it upon her broken casket,
like some lovely broken and dis-
carded doll, was the nude body of
Holtzie Guess. A shudder of hor-
ror went through the small group as
they looked down on her mutilated
body and contorted limbs.

Within an hour the city was astir
with the news of what had happen-
ed the night before in)’ Greenwood
Cemetery. The attractive young so-

‘ciety matron whose helpless body

had been victimized by a modern-
day werewolf, had been well known
throughout the city. She had died
the Friday before, following a sud-
den heart attack.

Prominent persons from all over
Tennessee had come tb Chattanooga
to attend the funeral rites at her
home at 3200 East Eighth Avenue.

Meanwhile, city and county police
were starting a thorough investiga-
tion into the dead girl's past life

on the theory that the post mortem
assault had been the act of some
sex-maddened suitor who had been
repulsed by her prior to death.

Returning to the cemetery the of-
ficers learned that several drops of
fresh blood had been found on the
torn negligee taken from beside the
body. There was but one other phy-
sical clue—a half-burned “kitchen”
match was discovered in the dirt.

Acuff explained the apparent sink-
ing of the grave as due to the fact
that the criminal, in refilling the
hole, had neglected to close the
casket, thus allowing a considerable
portion of the dirt to fall inside.

“Whoever did this job must have
been somewhat familiar with the
preparation of graves, however,”
Acuff pointed out to the police. “One
of the first things that we noted
was that the dirt had been formed
into a curved mound.”

“Which would mean that the hu-
man beast we're seeking must surely
have witnessed the original burial
—taken careful note of the position
of each bouquet of flowers?” sug-
gested Detective Smith grimly.

“Very probably,” replied Acuff. “It
means, also, that the ghoul, if he
operated alone, must have been a
man of unusual strength. No ordi-
nary man could have emptied the
grave, torn open the outer box, bro-
ken into the casket and removed
the body, then refilled the hole be-
tween the hours of sundown and
daylight.”

Back i

rounc
and susp
question
Questi
that a
have b
tendent
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By WILLIAM LORING

Exclusive Investigator,
Confidential Detective
Cases

HE front door bell rang out
in the night. There was a
tense, crouching moment of si-
lence, and again the bell cried out
through the still, sleeping sanato-
rium. Upstairs, J. M. Giles
opened his eyes with a start; he
couldn’t decide whether he’d ac-
tually heard the bell ring or had
only dreamt it. Another ring,
however, told him it was real
enough. He reached out and
switched on the light on the
night-table beside his bed. The
hands of the clock pointed to 4:35

a.m.

“Who the devil can that be—!!”
Giles muttered as he squirmed
out of bed, climbed into slippers
and dressing gown.

The bell rang again, and again,
and again...

“All right! All right! I’m com-
ing!’ Giles grumbled. He went
down the hall and opened a door
and went into the room. There
was a man sleeping in the bed.
Giles shook him. The man was
like dead. He did not move or
speak.

“Hey, Ben! Wake up! Wake
up!” Giles cried.

Downstairs, the bell kept shril-
ling, like a voice wailing in a
dark wilderness.

Giles shook the sleeping man
again, and again.

“Wake up, Ben! There’s some-

STUDY IN CRIME

is ‘this candid portrait of a. self-
confessed slayer of two helpless women,

CONFIDENTIAL DETECTIVE MAGAZINE, February, 192,

BLOOD AND BULLET

on Mrs. Miley’s bed
were clues in slaying
of Mrs. Miley and her
daughter, golf star

Marion Miley (below).

body downstairs! Wake up! Wake up!” :

At last, Ben Crouch stirred, opened his eyes. ‘“Whassamat-
ter?” he grunted. “Whaddyawant, J.M.?”

“There’s somebody ringing the bell like blazes! Come down
with me and see who it is.”

“Ahunh,” Crouch said sleepily, closing his eyes and starting
to go back to sleep.

Giles gave him a stiff poke in the ribs. Crouch sat up straight
in bed, his eyes wide open now. “That’s a hell of a thing to do,”
he muttered.

“Never mind that,” said Giles, shoving Crouch’s bathrobe at
him. “Get into this and come downstairs with me.”

Crouch peered at his alarm clock and groaned. “Gosh! This
is a fine time to go ‘round ringing doorbells!” Creaking and
croaking, he got out of bed, slipped into his bathrobe and
slippers.

Meanwhile, the bell had kept up its insistent clamor. Giles,
followed by the yawning Crouch, went out into the hall, started
toward the staircase.

“All right! All right!” he shouted impatiently. “We're com-
ing! We're coming!”

"WAS IT ROBBERY, REVENGE, BLACKMAIL OR SEX THAT BROUGHT

‘DEATH TO GOLF STAR MARION MILEY AND HER MOTHER?


tared
went

why
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en out
single
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th his

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ated a
ide of
“One
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‘d the
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t every
r door
been
enter,
except
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» chimb

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/ owas a
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had not

vay in,” ‘

her one
slub and
ight, or
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er’s desk
‘ash was
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superin-
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arrived
hers and
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he office
Price in

dispatch
ho might
along the
vhen the

‘d Miley,
iley and
aketewah

Country Club in Cincinnatti, some
elghty miles from Lexington.

Before ordering a general round-
up of all employees of the club,
Price questioned Marshall Cobb, as-
sistant manager. He told the officers
that after the dance had broken up
at one A.M., he had handed Mrs.
Miley two sacks, containing about
$150 in bar receipts,

Mrs. Miley had taken the money
to her room, where she kept such
receipts in a special compartment
of her closet. There had been no
other money on the premises, he
said, except the $60 which had been
found in the cashier’s desk.

Cobb promised to compile a list
of employees of the club, with their
addresses, and also the names of
former employees who had either
left or been discharged within the
past two years.

T WAS nearly 11 A.M., Sunday

when Superintendent of Identifi-
cation Maupin returned to head-
quarters to make his report. He had
obtained fifteen fingerprints and
palmprints from Mrs. Miley’s bed-
room; there had not yet been time,
of course, to have them checked
against the criminal files.

Alieging that he beat his stepchildren so severely that

have admitted the beatings. At left. a friend, Mrs. Ann Carras, poi
At right is Mrs. Eleanor Hall, mother of the

Jr., who is said to

of Little Nancy Jumes Hall, sister of James, who died from the same beating.
d George Hall, Jr. about four months ago after having been divorced from An

two children. She marrle

His men had found beneath Mrs.
Miley’s bed two buttons, presumably
from a man’s coat or suit. They were
of medium size, grayish in color. The
officers recalled that the victim had
described one of her assailants as
having worn a grey suit. Most im-
portant of all, several strands of
blond hair had been found.

Two other cartridges were dis-
covered in addition to the first
three. All five had proved to be shells
from a .32 automatic. ,

At noon came the first real break
in the case, A 17-year-old Lexington
Herald-Leader news carrier, Hugh
Cramer, had seen a car parked at
the front entrance to the club when
he delivered the morning paper
there at about 3:40 A.M. It was a
light green Buick sedan, he had
noted, a 1940 model.

Since he had had no inkling that
anything was wrong, he had failed
to pay particular attention to the
license plates. But police felt sure
that the car was the one used by
the murderers.

Lexington newspapers came out
with special editions containing
lengthy stories of the crime. Photo-
graphs of the dead girl plastered
the front pages, Marion Miley, hold-
ing the trophies she had received

one of them died, Chicago

as winner of the Women’s Western
Golf Championship in 1935, of the
Transmississippi match in 1936, of
the Women’s Western again in 1937.

Police went on with their question-
ing of employees of the club. Fred
Miley arrived at headquarters and
stated brokenly that he was unaware
of any enemies his wife or daughter
might have had.

On Tuesday morning at 10 A.M.,
Marion Miley’s funeral took place.

A few hours later, her mother
died. Now police had a double mur-
der to investigate.

Then, following a tip viven them
by the brother of a city patrolman,
police obtained their first inkling
of the identity of one of the mur-
derers; they were told to question
Tom Lunsford, 28-year-old metal
worker living in Lexington. Although
reluctant at first to talk, Lums-
ford told the officers that only @
week before the slayings, he had
been approached to take part in
a proposed hold-up of the country
club. He had refused to have any-
thing to do with it, and had though
no more about It until news of the
Miley murders hit the papers. Then
he had confided his suspicions to
a fellow worker, who had gone to
the police.

George Hall,
on the back

police are holding
nts to the welts

drew J. Jumes.

Page 45—


ee

—

BROKEN PANEL
in door told Chief
McCord (left) and
Detective Hoskins
how death came in.

: ‘as 7 My iNSIDE
ANDERSON ators: was where ‘ Skeeter’:

(left) said he was
in a nightclub when

Baxter stayed until
a slayer spoke out.

MRS. ELSA EGO MILEY

rang doorbells late at night in a
bloody, bullet-riddfed nightgown.

ON THE LINE

is where confessed
killer places his sig-
nature to a gory
robbery and slaying.

death struck twice.

“Wonder who it could be, at this
hour, ringing folks’ doorbells like
that?” Crouch muttered, padding after
his boss.

“Probably the Gallup Poll to ask
us if we think we ought to go to war,”
Giles murmured grimly.

Crouch was right behind him as he
pulled open the front door. A dark-
haired, middle-aged woman _ stood
framed in the doorway, swaying as
though in the grip of a raging wind,
her brown eyes wide with terror. She
was clad only in a nightgown and the
nightgown was drenched in blood. She
toppled into the room.

= RS. MILEY!” Giles gasped.

The two men rushed to her aid.
They brought her to and she sat up-
right on the floor, mumbling, “Marion!
She’s dying! Go to her! She’s dying!
Marion!”

“What happened?” Giles as
numbly. “Tell us what happened
Miley!”

Incoherently, she squee
wild story of robbery a
Two masked men had
apartment which she‘and her daugh-

Marion Mileyf occupied in the

i Club, located some
300 yards on fhe opposite side of the
Paris Pike Highway from the Ben-Mar
Sanatorium The entire front of her
nightgown was soaked with blood. It
was obyfous even to the unpracticed

eyes the sanatorium manager and.
his agsistant that. she was in serious * ,

<—— ;
‘Help Marion,” she cried, “She's dy-
qr”

Giles got to his feet. “Stay with
er,’ he told Crouch, and hurried to dam

Foster Beatty, who was on the desk at Fayette County Police
Headquarters during the “owl shift” that Sunday morning of Sep-
tember 28, 1941, immediately despatched two patrolmen to Ben-Mar
Sanatorium, located on the outskirts of Lexington, Kentucky. They
arrived just a few minutes before the ambulance from St. Joseph’s

. Hospital appeared to take the wounded woman to the operating table.

They barely had time to get a sketchy account of the night’s bloody
business from Mrs. Miley. Between pain-racked gasps, she told them
there had been a dance at the Country Club on Saturday night. As
manager of the club, she had taken the receipts, totaling some $145,
to her bedroom with her, intending to deposit the money in the bank
on Monday morning. She and her daughter had gone to sleep. Some-
time after, she couldn’t be sure how long, she’d been awakened by a
loud noise and two masked men were in her room. One of them
asked her, ‘“‘Where’s the dough?’’ She had told them where she’d
placed the dance receipts. Then they knocked her down and shot her.
This aroused her daughter who got out of bed and tried to help her
mother, but the bandits turned their guns upon her. _

In spite of her wounds—three slugs had torn into her abdomen
and her head had been horribly bludgeoned by the gunmen’s blows—
Mrs. Miley had somehow managed to scrabble and stumble to the
sanatorium in her bare feet, blood gushing from her wounds.

Coroner J. Hervey Kerr arrived just as Mrs. Miley was finishing
her story. A few seconds later the whine of a siren could. be heard
wailing through the early morning stillness. The gleaming hospital
ambulance pulled up outside the sanatorium door. The ambulance
surgeon took one look at Mrs. Miley. There was no point examining
her. A superficial glance told him she had to be rushed to the hospital
for an immediate emergency operation, if she was to live. A minute
later the ambulance was roaring through the night on its way back
to the city. By this time, exhausted from her gory ordeal, Mrs. Miley
had lapsed into merciful unconsciousness.

HE police went right to work. John Will McCord, Chief of the

Fayette County Patrol, took charge of the initial steps of the
investigation. Together with Patrolman John Doyle and several other
officers he visited the Country Club across the road.

The Miley women had occupied a private apartment on the second
floor of the clubhouse. Chief McCord and his men found the body
of 27-year-old Marion in the hallway, lying face down on the floor.
Coroner Kerr made a brief preliminary examination and stated
that she had been shot twice, once in the back and once in the back
of the head. The shot in her back had apparently been fired at close
range for it had left powder burns around the wound. The second
shot, evidently fired as she was toppling to the floor, had entered the
top of the skull and ranged down (Continued on page 43)

MAUPIN

holds weight that unlocked door as he exam-
ines stains where Marion’s body was found.’

eae fal Fei f
* Lb

“¥:


CONFIDENTIAL
DEMECKIME

(Continued from page 33)

the day and decided to remain in
Venice for the night and give the
pier a watching.

After dinner, before the crowds
began to gather on the pier, they
made the rounds of the various
places.

They soon found a saloon where
Bennington had been spending much
of his time. :

a know who you mean, all right,”
said the bartender. “You want that
old geezer who keeps to himself with
only a bottle for company.”

“Does he drink a lot?” Shay de-
manded.

The bartender shrugged. “He
hasn’t been coming in here for long.
He must be new around here be-
cause he doesn’t act like a guy who’s
lived in Venice very long.”

“How come?”

“Well, natives don’t hang around
the pier much. To them it’s old stuff.
We get most of our trade from sail-
ors and their girl friends or from
folks who are just down here for a
good time.”

The officers left.

When they had nearly reached
their hotel Shay spoke.

“Let’s pack our things and get out
of here, I’m convinced that Venice
isn’t the place for our job.

“It’s just a hunch, but I think our
man is gone. Do you remember how
the bartender described Benning-
ton’s actions during his visits to'the
bar?

“He was morose and despondent.
He’d just sit with a bottle and get
stiff.”

“What does that prove?”

: “Just this,’ Shay explained.
‘We've got Bennington on the run.
He’s scared. We don’t know where
he is, but we do know that he has
run away from Venice.”

Shay and his men climbed into
the car and sped away in the night.

They pulled into the outskirts of
Redondo Beach and Brown and
Heap were unloaded. Shay drove
off alone.

According to his plan, the men
were to search the vicinity the rest
of the night with the aid of local
officers. Next morning they were to
report to the Newport Beach police,
where Shay himself would take
their reports. Shay had chosen New-
port Beach because it was the small-
est of the beach communities and

42

CONFIDENTIAL DETECTIVE CASES

DEATH GOES TO THE SEASHORE

the most likely place for Benning-
ton to hide out.

[7 WAS nearly 9 o’clock the next
morning when the phone at the
Newport Beach police station began
. to ring.

“Hello, Brown,” Shay - said.
“Listen to me carefully—lI've found
Bennington here in Newport Beach.
He’s out for that morning walk of
his Tight now, but he’ll come back
this time. You and Heap go and get
some shuteye.”’

Hanging up, Shay left with two
men from the Newport Beach police
and returned to the beach-front

MAIL MURDER?

Oscar Albertson accused of “murder by mail”
of John Kmetz with “vigor-restoring” pills.

rooming house where Bennington
was staying.

Hardly had they set foot inside
when the front door opened and
Bennington walked in.

“I’m Sheriff Shay of San Bernar-
dino. I have a warrant for your
arrest.”

“What for?”

“You're charged with the murder
of Clemente Chacon.”

“The murder of Chacon? Why,
you’re crazy! I read about it in the
papers, but I was gone before it
happened.”

“But we know you weren't gone
before it happened. And maybe

while you're at it, you can explain
where you got the $20 gold note you
sent to your sister in Oro Grande.”

1 didtrt:-2%”

“Yes, you did. We've got it right
here. If you didn’t kill Chacon,
where did you get this?” Shay
waved the gold certificate under the
old man’s nose.

ee: gas I ... got them from a ser-
vice station in Santa Ana.”

“That's all we wanted to know,
Bennington,” Shay said, snapping
hand-cuffs on him. “You slipped
that time. No service station would
have gold notes lying around in
1941. They were all called in eight
years ago.”

Bennington buried his face in his
hands, slumped into a chair wearily.

It’s been hell,’”’ he sobbed, “run-
ning from room to room, thinking
every minute the law was right be-
hind me. I killed Chacon. Sure I
killed him, but I wish that right now
I could give all the money back and
bring him back to life.

“He was my friend. I was only
going to borrow $100 from him to
take this trip to the ocean. I’d seen
nothing but desert sand so long, I
hankered for a sight of water.”

He told Sheriff Shay every detail
of that stormy night on the trail.
He had waited for Chacon for nearly
an hour. He was looking for another
cigarette when the dirt and dust he
turned from an inside coat pocket
made him cough. This was the cough
Chacon had heard. Bennington saw
Chacon stiffen.to attention. He knew
he was about to be discovered by
Chacon, so he shot him.

Bennington’s real motive for his
crime grew out of hatred of the
desert. There have been numerous
cases where a person goes nearly
crazy from living too long in the
desert. .Bennington’s hatred of the
sunbaked, barren desert was so
great that murder seemed a small
price to pay to get away from it.

But William Harden Bennington
has still another price to pay. On
April 22, 1941, he was brought be-
fore Superior Judge Frank A. Leon-
ard of San Bernardino and sen-
tenced to spend the rest of his days
behind the bars of San Quentin.
Perhaps, if he is lucky, he may get
an occasional glimpse of the sea he
loved so much from the grim prison.

Note: The names Mrs.. Wiggins
and Henry Underhill are fictitious
to protect persons. innocent of
wrongdoing.

INSIDE FACTS FROM POLICE RECORDS *

LONFIDENTIAL

DERE GIVE

(Continued from page 13)

ward, emerging under the left eye.
The death room revealed several
interesting clues. For one thing,
while Mrs. Miley’s ‘bed was blood-
stained, Marion’s was undisturbed.
On the floor the officers found two
buttons off a man’s-coat which, they
reasoned, must have been ripped off
by Marion Miley during the strug-
gle. There were some fifteen finger-
prints scattered around the room;
but the most startling discovery was
the fact that a sixth bullet was im-
bedded in the floor. This was
strange, since only five bullets had
been fired at the two women, two
hitting Marion in the back and three
hitting her mother in the abdomen.
One of the three slugs that had
struck Mrs. Miley was found on her
bloody bed. The bandits had gained
entrance to the apartment by
smashing a panel.of the front door
with a heavy iron weight wrapped
in a turkish towel, both of which
were found on the premises.
McCord and his aides immediate-
ly began quizzing the ten employees
of the club and others whose busi-
ness ‘brought them there often.
Among the latter they found an 18-
year-old newspaper carrier, Hugh
Cramer, who had delivered the
Sunday papers to the club early
Sunday morning. He reported that
he had seen a dark blue Buick
sedan parked in front of the club-
house alongside the two Miley cars.
Detective Frank Gravitt grilled
Percy Thomas, Negro headwaiter
at the club. Thomas was believed
to have been the last person to
leave the place Sunday morning
and according to him, he had gone
to the basement to change his
clothes after the dance was over.
He had noticed Mrs. Miley. sitting
in the lounge with three couples
who had remained after all the
others had’ gone home.
“Know who the folks were you
saw sitting with Mrs. Miley?”
Thomas shook his head. He hadn’t
the faintest idea who they were.
Nor could he remember ever having
seen them before.

UCH were the clues they had to
work with, and for what they
were worth, they were turned over
to Superintendent Guy W. Maupin,
head of the police identification bu-
reau.
The fingerprints found in the
Miley apartment, he reported later

DEATH DRIVES A DOUBLE EAGLE

that same day, were “good,” but he
was doubtful that the F.B.I. would be
able to identify them since they
were single sets. However, he
pointed out, they would help to
eliminate innocent suspects.

Some of the six slugs had come
froma .32 caliber automatic and
some from a .38. Five were ac-
counted for; they had entered the
bodies of Marion Miley and her
mother. But the sixth raised a prob-
lem. It was imbedded in the floor
at about the point where Marion
had been shot, but its “drift,” ac-
cording to Maupin, indicated that it
had been fired from a direction op-
posite to that from which the other
two had been fired.

To all appearances, motive for
the crime was robbery. Yet, as they
well knew from long past experi-
ence, robbery might have merely
been the screen for the real motive.
The crime might have been com-
mitted for any one of a dozen dif-
ferent reasons—revenge, jealousy,
blackmail or it might have even
been a sex crime. The money could
have been taken simply to fool the
police. That, as McCord well knew,
had. been done before.

Meanwhile, the case had become
a national sensation. Not only by
right of its gory, wanton brutality,
but also because Marion Miley was
famous throughout the United
States as one of the top flight wo-
men golfers of our time. She had
been initiated into the mysteries of
the game in 1926, when she was
only twelve. Five years later, in
1931, she entered her first tourna-
ment, the Kentucky Women’s State
Tourney, which she won and cap-
tured the championship of the State.
Since then she had _ successfully
competed in the Western Open, the
Western Closed, the Southern Ama-
teur, the Western Derby, the Trans-
mississippi and: the Women’s West-
ern, had been a member of two
American Curtis Cup Teams and
had defeated such noted women
golfers as Patty Berg and Mrs.
Opal Hill in tournament play.

NDER any circumstances, the
police would have bent every
effort to solve the crime; but now,
with the spotlight of country-wide
interest glaring down upon them,
they were under terrific pressure to
produce a solution to the crime and
to produce it in a hurry.
The first puzzle was how the

killers had gotten into the club-
house to begin with. The Lexington
Country Club is a. two-story struc-
ture with a basement. On the
ground floor are various public
rooms—dining room, club room and
lounge—and a kitchen and pantry.
In the basement are the locker
rooms. The second floor is given
over to living quarters, a hall, and
two bedrooms with a bathroom be-
tween them. This was the apart-
ment which Marion Miley and her
mother occupied.

There are two entrances to the
clubhouse, the main one in front
and another at the rear, leading into
the basement. There is a staircase
from the basement to the second
floor leading to a door which opens
into the second floor apartment.
This door was generally kept locked
and it was a panel of this door that
the bandits had smashed to gain
entrance to the Mileys’ private
quarters.

But the outside rear door of the
clubhouse was also kept locked at
night. In fact, Mrs. Miley, in her
capacity of club manager, had been
in the habit of making a tour of the
entire building each night just be-
fore retiring simply to make sure
that all doors and windows were
locked. She was accompanied by a
club employee on these regular
nightly rounds. How, then, had the
masked marauders succeeded in
getting into the clubhouse at all?

That was a pretty question and
one that seemed to have several
possible answers. The one_ that
leaped to the minds of the officers
was that it had been an “inside
job,” that some club employee, per-.
haps the one who always accom-
panied Mrs. Miley on her nocturnal
checkup, had seen to it that the back
door remained unlocked or perhaps
had provided the killers .with a
key. That made a good deal of
sense, the police thought, but they
were utterly unable to make any
of the club’s help talk no matter
how hard they grilled them.

Still another possibility was that
the killers had used a skeleton key
to open the rear door. But in that
case, why should they have had to
break in the upstairs door? For that
matter, if they had had ‘the help
of one of the club’s employees, why
did they have to use force to get
into the Miley apartment? Their
hypothetical “inside” confederate
could just as easily have seen to

43


it that tl_ _. on the second floor
remained open as the one on the
ground floor.

Again, there was the possibility -

that the killers had sneaked into the
club just before the dance was
over. There was a splendid oppor-
tunity for them to get in unob-
served. The place was crowded with
people, dancing, moving about,
coming and going.

Then there was the matter of the
electric current in the clubhouse.
The police had found the circuit
dead when they arrived. Yet, Mrs.
Miley had told Commonwealth’s
Detective Walter Kirkpatrick that
she had turned on the light in her
room when she was wakened by the
noise the bandits made smashing in
the door. Had the masked men
switched off the current before or
after the shooting?

Still another mystery was why the
robbers, once they’d learnt from
Mrs. Miley that the money was in
her room, should have beaten her
up and kicked her while she lay on
the floor, and then waited until
she’d crawled back to bed before
shooting her. That this was what
had happened was proven by the
fact that one of the fired bullets had
been found on her bed. If the mo-
tive was robbery, and only robbery,
what was the necessity for using
violence once they had discovered
where the money was hidden? Mrs.
Miley couldn’t have recognized them
since they were masked.

Then, too, their using their guns
at all didn’t seem to make sense
either. Surely, two strong men
could have overpowered Mrs. Miley
and subdued her. True, according to
her story, Marion had came to the
rescue and the killers undoubtedly
had to deal with two women. But
even though Marion Miley was an
athlete and physically stronger
than the average woman, she could
have been disposed of with some-
thing less drastic than a gun. A
good, well-aimed right hook to the
chin would have taken care of her
long enough for the intruders to
have completed their work. And the
same dose would have calmed down
her mother.

That brought up again the whole
thorny question of motive. Had
robbery really been the motive?
McCord and Maupin and the others
wondered about that. Maybe there
was a sex angle mixed up some-
where in this mess. Maybe the mo-
tivation for the crime was revenge.
Or maybe there was some kind of a
business angle. Or maybe one or
both of the Mileys knew something
someone didn’t want them to know.
Or there even was the possibility
that a couple of madmen were on
the loose and the crime was with-
out any sane motive at all—though
that seemed pretty far-fetched.

‘WO days after the crime, on
September 30th, as Mrs. Miley

4

CONFIDENTIAL DETECTIVE CASES

hung unconscious between life and
death, a lead turned up some five or
six hundred miles away, in Georgia.
From the “Little Alcatraz” prison
camp at Dallas, Georgia, came word
that two desperadoes had broken
out on August 12th and were still at
large. One was Forrest Turner, 24,
serving 78 years for armed robbery
and other prison breaks. Turner was
known to have a liking for golf and
dancing and was the country club
type. Turner was also rumored to
have a cousin living near Lexington
and to have been brought up in the
Bluegrass Country himself.

Turner had escaped from “Little
Alcatraz” in the company of S. J.
(“Slim”) Scarborough, a convicted
murderer who was serving a life
sentence for slaying a school teacher
in 1925. Turner’s crime record went
back to 1934 and included no less
than seven escapes from jail. Scar-
borough had broken out of the
Roopville, Georgia, prison camp in
1938, but had been recaptured a
month later.

This murderous pair had cut a
smoking swath across several
Southern States since their escape.
They were suspected of having
robbed a bank at Royston, Georgia,
and a filling station in Opelika, Ala-
bama. Tampa, Florida, police re-
ported that they had been traced, by
a chain of bank and filling station
robberies, to northern Tennessee,
near the Kentucky line.

There was a good chance that
Turner and Scarborough might be
the men the Kentucky police were
hunting. Certainly their past rec-
ords and the nature of their crimes
eminently qualified them to be can-
didates in the Miley case. But be-
fore the Lexington police could
prove anything against them they
had to catch them first, and that was
as much of a headache as determin-
ing who the killers of Marion Miley
were.

Such actual progress as the police
made was wholly negative. The
bloody fingerprints found in the
death room had been compared with
those of the dead golf star and those
of Mrs. Elsa Ego Miley and it was
definitely established that the prints
were not those of the victims.

The two buttons, seemingly ripped
off the coat of one of the killers,
were checked with Lexington clean-
ing and tailoring establishments in
an effort to identify whose coat they
had come from, but with no success.

October Ist brought a new devel-
opment. Mrs. Miley, who had been
battling for her life in St. Joseph’s
Hospital, died at 5:30 p.m. from her
wounds, murmuring over and over
again, “God bless you, God bless
you ...” She had never regained
consciousness and had been unable
to add anything to the fragmentary
account of the attack she had given
immediately after it happened. The
Dark Angel had sealed her lips for-
ever.

Death had shot a double eagle in
the Miley case. Now, the police were
two down in their grim match
against the mysterious and ruthless
killers. Now, more than ever before,
they had to produce—or else. The
eyes of the entire nation were fo-
cused upon them. But except for a
lot of guesses, and much speculation,
and the possibility that the two es-
caped Georgia convicts might be the
guilty ones, they had few solid facts
to sink their teeth into.

But the next day after Mrs.
Miley’s death came a ray of light.
Police in Shelbyville, 40 miles
northwest of Lexington, picked up
a 15-year-old boy named Billy Co-
lumbo. Billy, who lived with his
parents in Louisville, had ‘been
hanging around Shelbyville since
the previous Sunday. He _ had
checked into a hotel and had been
flashing a big bankroll. Folks
started getting curious about the
source of such a young kid’s wealth
and local police began to take a
sudden interest in him. On Wednes-
day night, Shelbyville Police Chief
Roy Jones, Patrolman Archie Ward
and Major Burman of the State Pa-
trol picked him up as he was com-
ing out of a movie theatre.

At first, they did not link him in
their minds with the Miley killings;
he seemed too young, too unsea-
soned in crime for a job like that. But
when they searched his hotel room
and found a coat with two buttons
missing from it they began to think
of Billy in terms of the Miley case.

After all, his very youth may well.

have been an important factor. He
could have lost his head when Mar-
ion Miley offered resistance and just
fired his gun blindly. That would
explain the seeming uselessness of
the killings. A older hand at crime
would have handled the job
smoothly, without spilling blood.
Their suspicions were strength-
ened when Billy told them a vague
story of his whereabouts at the time
of the killings. He said he'd left
home the previous March and on
Sunday night he’d “just been driv-
ing around, no place in particular”
with a boy named James Dewey,
also of Louisville, and two girls
whose names he didn’t know.
“What were you doing in Shelby-
ville?” Chief Jones asked him.

“[—I—I was lookin’ for work,”
Billy said.

“And where did you get all that
money you were flashing around
here?” Major Burman shot at him.

Billy squirmed, turned scarlet,
mumbled something about having
helped a farmer with his crops.

Early the next morning, Louis-
ville police took 17-year-old Jimmy
Dewey into custody and he was
turned over to Commonwealth's At-
torney H. B. Kinsolving at Shelby-
ville for questioning. But after a
whole day of intensive grilling, it
was impossible to shake either his
story or Billy's. Both had corrobo-

ear aied sited -m, Ditins

INSIDE FACTS FROM POLICE RECORDS

rated each other 100 per cent. Fi-
nally, Kinsolving decided to release
Jimmy, though Billy was held on a
vagrancy charge. ot

Thus, another promising lead was
blasted to bits. But another one was
to take its place in short order.

Late on the night of Thursday,
October 2nd, the same day on which
the two Louisvile boys were ab-
solved of any connection with the
Miley case, Major Arthur E. Kim-
berling, night chief of the Louisville
police, received a phone call.

“If you'll go to a poolroom at
Fourth and Oak,” said a man’s
voice, “‘you’ll find two guys who
know all about the Miley killings.”

“Who is this talking?” Kimber-
ling demanded.

“Never mind who this is. You just

ZOMBIES IN

ington authorities were more inter-
ested in Wilson and Robinson in
connection with the Miley slayings
than in their having passed phoney
traveler’s checks. It had been dis-
covered that they owned a dark
bluish-gray 1940 Buick four-door
sedan, closely resembling the one
that had been placed outside the
Lexington Country Club at the time
of the crime by Newsboy Hugh Cra-
mer.

According to Major James Ma-
lone, Chief of Louisville Detectives,

“Wilson admitted he was in Lexing-,

ton the Sunday before the slayings,
but he contended that a reputable
Louisville man could substantiate
his claim that he was in downtown
Louisville on the night of the Miley
killings.”

FLORIDA

Gertrude and Minnie Anhorn, Jacksonville's old maid sisters, refused to allow anything
that once breathed to be buried in earth. Picture shows coffin of servant whose body
was kept in barn since 1923. Bodies of father and sister were kept in main house.

worry about who killed them two
dames,” the voice said. ;

Kimberling tried to have the call
traced, but the fellow, evidently re-
alizing that if he stayed on the wire
too long they’d be able to locate
him, hung up abruptly.

Kimberling took several men,
raced to the poolroom. There they
found two men, Henry Wilson, 30,
and Alfred Robinson, 34, shooting
pool.

Questioned, Wilson and Robinson
Bave their address as 1132 South
Fourth Street and when the police
searched the place they found some
$200 worth of forged traveler’s
checks similar to four, totaling $600,
which had been passed in Louisville
stores on September 13th.

Both men were arraigned in Po-
lice Court on Friday, October 3rd,
and were held in bonds of $5,000
each. But the Louisville and Lex-

Meanwhile, at the other end of
the State, 200-odd miles away in
Dixon, three more suspects turned
up. Herman Knight, 45, Henry Pol-
sen, 28, and Walter Berry, 19, all of
Chicago, had been picked up there
on an attempted robbery charge and
were being held in the Webster
County jail under a $3,000 bond
each. They insisted they had nothing
to do with the Miley crimes, knew
nothing about it and had not been
in or near Lexington either on Sat-
urday or Sunday.

Nevertheless, Lieutenant Ray-
mond Tade of the State Highway
Patrol had their photos and finger-
prints sent on to Lexington for
checking.

Thus, as of the morning of Oc-
tober 4th, the Lexington authorities
had no less than three sets of sus-
pects: Turner and Scarborough, the
escaped Georgia cons; Wilson and

Robinson, in Louisville; and the
oH a men in the Webster County
a

UT their satisfaction was short-
lived. On Saturday, October

4th, their first set of suspects was
knocked out of the box. In Moul-
trie, Georgia, more than 500 miles
south of Lexington, Forrest Turner
and “Slim” Scarborough were cap-

‘tured by Georgia police. It was defi-

nitely established that they had at
no time since their escape from
prison been near Lexington.

Within the next couple of days,
the two other sets of suspects were
also eliminated. Wilson’s alibi was
checked and it stood up beyond all
question. He had been in Louisville
on the Saturday and Sunday of the
golf club robbery. And a comparison
of the fingerprints of the three men
held in Dixon with those found at
the scene of the crime revealed that
they did not match.

As the Miley case entered its sec-
ond week Lexington’s Chief of Po-
lice, Austin B. Price, had to admit
that he and his men were stymied. .
Every lead, every clue, every pos-
sible avenue that might lead to a
solution had foozled on them. But
unbeknownst to Chief Price, Chief
McCord and the others taking part
in the investigation, events were
shaping up a thousand miles away
that were to produce an answer to
the baffling riddle.

Detectives Ed Smith and Theron
Brooks of the Fort Worth Police De-
partment were patrolling the streets
of the Texas city in their car on the
night of October 8th. They were on
the lookout for a forger wanted by
a neighboring State and as they
drove along they scanned the faces
of passersby and carefully studied
the cars they passed. One car in
particular attracted their attention.
It was a dark Buick four-door sedan
and bore Kentucky license plates,
number IP04. Smith and Brooks
were struck by two things about the
car parked in front of a saloon:
First, it resembled a car used in the
$8,000 robbery of a J. C. Penney
store in Fort Worth on September
20th; second, its occupants hardly
looked like the sort of folks who’d
be riding in a big, expensive job
like that. One, a girl named Maisie
Beavers, was a prostitute. Another,
was an ex-pug. The two other men
in the vehicle—the driver and the
fellow sitting beside him — were
strangers to both detectives; but
they seemed awfully nervous and
jumpy. ;

As they themselves admitted af-
terwards, it was nothing more than
a “mere hunch” that caused Brooks
and Smith to question the four peo-
ple sitting in the parked Buick. That
evening, a flyer had come in from
the Lexington Police Department
with a vague description of the two
men wanted for the Miley killings:
“Number 1—Believed to be white,
thin and tall, about 6 feet, wearing

45


a light gray suit and soft hat,
masked. Number 2—Believed to be
white, stocky and dark, masked.”

Brooks and Smith were both
struck by the fact that the man be-
hind the wheel of the Buick seemed
to fit the general description of
“Number 1.”

The officers’ suspicions were
strengthened when they got the
four of them to Headquarters and
began quizzing them. The detec-
tives found they had no keys to the
car, no registration papers, no driv-
er’s license and no plausible rea-
son for being in Fort Worth at all.

The driver of the car said his
name was Thomas C. Penney and
that his age was 32. He was 6 feet,
one inch tall, weighed 180 pounds
and had greenish eyes and dirty
blond hair. He told them he was a
roofer and sheet metal worker.

The second man, who'd been sit-
ting on the front seat, was Leo Hen-
derson Gaddis, 40. He was 5 feet,
6 inches tall, weighed 152 pounds.
He had dark hair streaked with
gray, blue eyes, and a dark com-
plexion.

HE third man was an ex-prize

fighter who lived in Fort Worth.
His name was Bill Holman and he
had fought under the ring name of
“Jim Davis.”

The Fort Worth officers were im-
pressed by the fact that both Pen-
ney and Gaddis appeared to fit the
general description of the men
wanted for the Miley killings. Gad-
dis was ‘stocky and dark,” like the
number 2 man mentioned in the po-
lice flyer; and Penney was “thin and
tall, about 6 feet.”

They were even more impressed,
however, when they asked Penney
and Gaddis where they came from
and Penney admitted he hailed from
Lexington, while Gaddis said he’d
been working in Louisville recently,
though his home was in Jackson-
ville, Florida.

According to their story, Gaddis
and Penney had driven from Ken-
tucky to Florida and then into
Texas. They said they were plan-
ning to drive to Corpus Christi to
look for work. Both insisted they
knew nothing about the Miley case,
though they grudgingly admitted
they hadn’t left Kentucky until Sep-
tember 30th, two days after the
slayings had taken place.

While they were being questioned
by Brooks, Smith and Detective
Captain A. E. Dowell, other detec-
tives were going over the Buick.
A careful search turned up an in-
teresting clue under the front seat
of the car. There they found an ex-
ploded pistol shell which, on cur-
sory inspection, appeared to be of
either .32 or .38 caliber, the same
size as the slugs which had pierced
the bodies of Marion Miley and Mrs.
Elsa Ego Miley.

There was, however, one glaring
discrepancy in the stories which

46

CONFIDENTIAL DETECTIVE CASES

Penney and Gaddis had told when
they had been first questioned sepa-
rately. They had been roommates,
they said, but Penney claimed they
had spent the Saturday night and
early Sunday morning of the Miley
shootings together, while Gaddis
said he had spent the night alone.
But both admitted that the car
didn’t belong to them. It was the
property of Robert H. Anderson,
who ran the Cat and Fiddle night-
club in Louisville.

The news of the arrest of Penney
and Gaddis was flashed to Lexing-
ton. There, meanwhile, police had
uncovered a hot lead which dove-
tailed perfectly with the Texas de-
velopments. The brother-in-law of
one of the Lexington officers had
come to him with a startling bit of
information. A fellow worker in his
roofing concern, named Tommy
Lunsford, had told him about a
friend of his “propositioning”’ him
to lend a hand with a stickup job.

There might or might not be any
connection between the Miley case
and Lunsford’s story, but the Lex-
ington police weren’t taking any
chances. They were following
through on every lead and tip, no
matter how thin and slender. They
called in Lunsford, who lived at 128
Georgetown Street, and asked him
how about it, had he been “proposi-
tioned’”’ to help someone with a
holdup?

At first, the brawny, tall 28-year-
old sheet metal worker hemmed and
hawed. He didn’t like “squealing”
on anyone or putting the finger on
a pal.

“What’s your pal’s name?” Chief
Price whipped at him.

Lunsford hesitated momentarily,
as if trying to decide whether to tell
or not. At last he murmured, “His
name’s Penney—Tom Penney.”

Then he proceeded to tell a wild
and wooly story of how, several
weeks before, he had been in Rube
Thompson’s place having a quiet
beer when Penney came in.

“T ASKED him to join me in a

glass,” Lunsford said, “and he
did. Then he said he wanted to talk
to me about something. I said okay,
and we went over to a table with
our beer.

“Tom asked me how I'd like to
make me a little piece of change, and
that was okay by me. A guy’s al-
ways in the market for some extra
dough. I asked him what the score
was and Tom said he figgered we’d
be able to nail a grand or so over to
the Country Club out on the Paris
Pike.

“He said he knew a guy out there
and this guy had the place all lined
up for him whenever he wanted to
pull off the job. ‘A door will be left
open for us,’ was how Tom put it.

“Then I asked him how he was so
sure the guy who was gonna line up
the place for him wouldn’t squawk.
Tom kind of laughed and said, ‘Be-

cause he’ll be dead. I’ll take care of
that.’

“That’s when I got scared,” Luns-
ford said, his eyes wide with terror
at the very recollection. “I didn’t
want no part of a job like that to
start with and even if I might’ve
considered it, that crack. about
knocking off the guy got me. Why
wouldn’t he give me the same dose,
if I helped him? That’s what I
couldn’t figger out.”

Penney’s answer to that, ac-
cording to Lunsford, was that he
“trusted” him, that he always
thought Lunsford “was a pretty
good kinda kid and wouldn’t rat”
on him. When Lunsford turned
down the “proposition” Penney
warned him to keep his trap shut
about the whole thing and it wasn’t
until two weeks later, after he’d
read about the Miley slayings, that
Lunsford said anything about it. But
even then he wasn’t sure about it.

“T didn’t hook that up with Tom
Penney at the time,” Lunsford went
on. “ I thought maybe it was one of
them assault cases or something.
You know how it is, a guy kind of
feels funny about pinning a thing
like that on another guy, especially
if he’s a guy you’ve known most of
your life. But then, when I heard
that there was a stickup at the club
too, I told a guy who was working
with me about how Penney had
‘propositioned’ me and he asked me
how come I didn’t go to the cops
and tell ’em what I knew. I told him
I didn’t want to have no part of it
because there might not be a thing
to it at all.”

And two days before Penney’s ar-
rest in Fort Worth an auto mechanic
named Winter B. (“Bud’’) Tomlin-
son, of 615 South Broadway, came
to the Lexington police with still
another piece of startling informa-
tion. He told them that Penney had
approached him and asked for the
loan of his pistol. When Tomlinson
had asked him what he needed it
for, Penney said, according to Tom-
linson, “I know where I can lay my
hands on eight, nine hundred bucks
out toward Joyland Park. All I
need’s a gun to get the dough.”
Tomlinson said that Penney had
told him that all he’d have to do
was to cut the phone wires on the
outside of the building and put a
mask on and stick up an old woman.
“IT wouldn’t even need bullets for
the gun,” Tomlinson quoted him as
saying.

HIEF PRICE, Detective Frank

Gravitt and Lafayette County
Sheriff Ernest Thompson immedi-
ately left Lexington for Fort Worth
to question Penney, obtain a confes-
sion and bring him back to stand
trial. :

The three officers arrived on Sat-
urday morning. They went into a
huddle with Fort Worth Police Chief
Karl. Howard and his staff and
went over all the facts they already
possessed. The Fort Worth authori-

art Seren."

ner i ve Papet 4s

INSIDE FACTS FROM POLICE RECORDS

ties had been busy in the interim
and had gotten the complete crim-
inal records of both Penney and
Gaddis. Penney had served a prison
sentence for holding up a Kroger
grocery store in Lexington on Sep-
tember 6, 1931. Two clerks had
been wounded and shot in that job.
Gaddis had been convicted under
the alias of James Kennedy of rob-
bing a bank at Tompkinsville, Ken-
tucky, in 1924. Released from prison
in 1932, he was convicted of stealing
a car in March, 1933 and spent two
more years behind the bars.

The officers spent the whole of
Saturday afternoon and a good part
of that night working over the two
men, but without result. They stuck
to their story stubbornly and every
attempt to break them met with
failure. Through the long, weary
night the grilling continued. Fi-
nally, at about 9 o’clock Sunday
morning, Lexington Police Chief
Price asked fo be left alone with
Penney.

Four hours later, Price emerged
from Chief Howard’s private office.
His collar was open, his tie askew
and his brow was damp with sweat.
His eyes behind his horn-rimmed
glasses looked tired and there were
deep lines seaming his face; but
there was a faint smile on his lips.
The waiting newspapermen clus-
tered around him, asking him if
there was anything new on the
case, begging for a statement. Price’s
smile broadened into almost a grin.
i “Boys,” he said, “you can come
in now. Tom’s told me everything.”

And so he had. Exhausted from
his long ordeal, Penney had finally
broken. In the face of Lunsford’s
and Tomlinson’s damning | state-
ments, it was tough for him to main-
tain his innocence. Then, while
Price was grilling him, had come
the clincher: The ballistics experts
definitely reported that the ex-
ploded shell found in the front of
the Buick sedan was a .32 caliber

slug, the same size as the ones re-'

moved from the bodies of the slain
women.

Penney made a full written con-
fession to M. Hendricks Brown, Tar-
rant County Assistant District At-
torney, which was witnessed by
Chief Howard, Chief Price, Sheriff
Thompson and Detectives Gravitt
and Brooks. In this confession, Pen-
ney completely exonerated Gaddis
of any connection with the crimes,
but he implicated Robert Anderson,
the nightclub operator whose car
Penney had “used.” They met in
Louisville, according to Penney, at
about 9 p.m. on September 27th.
They drove to Lexington, stopping
for drinks at the Bridge Inn on Vir-
ginia Avenue, then going on to Ma’s
Place on the Leestown Pike and
then to the Happy Landing.

“We picked up two girls outside
of the Happy Landing and drove
them to the Milner Hotel,” Penney
said in his confession. “Both of them
had on slacks. As soon as we left the

Milner, one of us (Anderson and
Penney) mentioned about making
some money and I suggested the
Lexington Country Club. I used to
deliver beer to the club for Wiede-
mann’s.”

They drove to the club, went in
the back door and down to the base-
ment. There they pulled all of the
electric switches and turned off all
the lights.

“Then we went through the
kitchen and we went all over the
place and went up to the top of the
stairs and heard someone snoring
and found the door locked and An-
derson said we could go back to the
car and get something to open the
door. We went back to his car and
got two pistols and he got some-
thing out of the car and handed me
what felt like an automatic pistol.”

They returned to the clubhouse
and went back upstairs. Anderson
smashed in the panel of the upstairs
back door and reached in and
opened the door and went in, Pen-
ney following him.

“There was a bunch of screaming
and scuffling before I got in,” Pen-
ney continued, “and as soon as I
got in something hit me on the chin
and when I got up and started back
through the hall, someone grabbed
me by the neck and I hit at the
person with the gun in my hands
and it went off, and then the shoot-
ing started and I don’t know how
many times I shot or how many
times Anderson shot.

“Then everything got quiet and
we went on down the hall to a bed-
room and saw a big woman sitting
on the sidé of the bed and one of
us asked her about the money and
she told us the money was in the
drawer and I opened the top drawer
and she said in the middle drawer,
and we opened it and found a paper
sack and a cloth sack. The cloth
sack and some silver money were in
it and the paper sack had two $10
bills in it and a check was outside,
and we took all the money and the
cloth sack.

“We went out of the room and
down the hall. We could see the
other woman lying on the floor, near
the door in the hall and I had to
step around her. We went on down
to the car and I drove, and on the
way Anderson divided the money,
and I got something over $60, and
at Shelbyville Anderson took the
wheel and we drove by the Ohio
and near the river at a place where
the road was nearest the river, I
took the two guns and put them in
the cloth bag and threw them to-
wards the river.

ng NDERSON drove me home and
about two day later Ander-

‘son told me to take the car and do
away with it because it was hot.”
Then Penney had left Lexington
with his roommate, Gaddis, who
was completely ignorant of Pen-
ney’s part in the double slaying and
robbery. They had driven to Florida,

then back from Jacksonville to
Texas. On the way back they had
picked up Holman in Jacksonville
and Maisie Beavers in Jackson, Mis-
sissippi.

In Shreveport, Louisiana, their
supply of money ran low. Penney
had Holman wire Anderson: “Have
had misfortune by fire. Send $15 at
once.” Following Penney’s instruc-
tions, Holman signed it with his
own name. Then, to Holman’s vast
surprise, since Anderson didn’t -
know him from the proverbial hole
in the ground, Anderson wired the
money.

Penney explained this by saying
that Anderson had told him, “If you
have to wire for dough, mention the
word ‘fire’ and sign any name but
your own.” ;

Penney waived extradition to
Kentucky. In fact, he was impatient
to go back and meet whatever fate
was in store for him. “I want to get
it over with,” he told the Kentucky
officials.

In his cell he told a reporter from
the Fort Worth Star-Telegram, four
hours after signing his confession,
“T feel better—a little better—now
that I’ve told all about it. The one
thing that’s driving me nuts is the
thought of what this is gonna do to
my mother. She’s pretty old. This’ll
just about kill her.”

The reporter asked him what his
choice would be if he had to choose
between life imprisonment and the
electric chair.

Penney thought it over for a sec-
ond or two, then sighed, shook his
head. “That’s just about the tough-
est choice anyone could have to
make. Everybody wants to live as
long as he can, but . . . whatever’s
going to happen to me .. . I wish it
were over with. I’m just a young
guy, after all. Only 32. But believe
me, brother, I'm dying of old age
now. I wish there was some way I
could let the world know what I
know right now. If the world knew.
what I know, it would be a different
sort of place.”

While Penney was being brought
back to Lexington, Anderson was
arrested on Monday, October 13th.
Although he freely admitted know-
ing Penney —they had met while
both were serving terms in the
Frankfort, Kentucky, reformatory—
he claimed he hadn’t seen him for
several years. Anderson also said
he’d been in his nightclub in Louis-
ville at 2 a.m. on Saturday. Louis-
ville is some 65 or 70 miles west of
Lexington and it would have taken

-at least an hour and a quarter to

drive from there to Lexington, even
at.that time of night.

“Why, I'll bet between 30 and 40
people saw me in my club between
10. o'clock Saturday night and 2
o’clock Sunday morning,” Anderson
said. ‘““Why the devil would I want
to get mixed up in a petty larceny
case anyway? I'm making my five or
six grand a year at my place in
Louisville. I got a good living. I got

47


ie.

Marion Miley,

‘rl golfing champ.

t, fell under the
‘ murderer in her
‘ the swank Lex-
Country Club,
Lexington, Ky.,
-“~«torsran into
\ystery. The
° was fatally
.~ 2 the same
County Police
W. McCord, be-
, and Lieut. Joe
3 examine the
ere Miss Miley
brutally slain.

NE of the most spectacular and

baffling murder mysteries of the

year confronted officials of Fay-

ette county, Ky., when they plunged into

the investigation of the double slaying of

Marion Miley, topflight amateur golfer,
and her mother, Mrs. Elsa Miley.

Miss Miley, 27, and her 50-year-old

parent were each shot three times in their’

private apartment at the exclusive Lex-

ington Country Club near Lexington, Ky. -

The pretty, dark-haired golfing
champion died instantly with a bullet in
her head. The mother, clad only in a
nightgown, and barefoot, crawled 300
yards to a sanitarium at 4:30 a. m. despite
three wounds in the abdomen and gave
the alarm. 4

Police theories of robbery as the mo-
tive for the slaying were based principally
on a short statement Mrs. Miley gave
at the hospital before she lapsed into the
= which preceded her death 72 hours
ater.

After receiving four blood transfusions,
Mrs. Miley told Chief of Police Austin
B. Price of Lexington and other officers
that she was awakened in her room by
sounds of someone smashing in a panel
of the door. The lock was turned and two
men entered, masked with handkerchiefs,

One demanded the receipts from the
country club dance of the night before,
she said. These amounted to $145. When
she refused to tell where the money was
one of the bandits knocked her down and
began shooting. ~

Investigators who rushed to the coun-
try club found the body of Miss Miley
where she had fallen in the hall outside
her bedroom. Apparently she had hastily
slipped a negligee over her pajamas and
dashed to her mother’s. assistance. She
was shot in the back of the head and in
the back before reaching the room.

Coroner J. Hervey Kerr said that the
girl golfer died instantly.

Statewide radio alarms for the bandits

(Continued .on page 80]

re

Before lapsing into the coma ‘which
preceded her death, Mrs. Elsa Miley,
left, Marion’s mother, told of two
masked bandits who committed the
double slaying. Checking every pos-
sibility, Guy W. Maupin and Lieut.
Hoskins remove a door, below, to
‘dust for fingerprints.


* the day before and was picked up

in his new car when he stopped at
a gas station in that city.
When questioned by Lexington
police that same night, Folsom ad-
mitted that he and Carlucci: had
driven from Louisville to Shelby-
ville on the previous Sunday ,and

had registered at the hotel. He.

could not explain the mask found
in his pal’s pocket. nor the absence
of the two buttons from his coat
but he denied that he had been
in Lexington on the murder night.
With no material evidence against
the lad, he was also held without
being charged with a specific crime.

The Lexington authorities were
somewhat perplexed by this some-
what peculiar turn of events. The
two youths answered the somewhat
sketchy description of the killers

given by Mrs. Miley on her death- ©

bed. The car traded in by Folsom
was alarmingly like the one seen
at the country club by the news-
boy. The white mask found in Car-
lucci’s pocket was suspiciously sim-
ilar to the ones Mrs. Miley said
were worn by her assailants. Nev-
ertheless, in spite of these baffling
coincidences there was not one
iota of physical evidence against
the boys and only by the missing
buttons and the bloody fingerprint
could they be connected with the
crime.

Scientific crime detection has
sent many a criminal to the chair;
in this case it served to clear the
two boyish suspects. The finger-
prints in no way compared to that
found smeared on the bedroom
wall. Neither did the two buttons
with the torn bits of cloth come
from. the coat found in Carlucci’s
room. The boys were released, com-

pletely, exonerated of any guilt so -

far as the murder was concerned.

On the following day, Staunton
Woods returned to Lexington, to-
tally oblivious to the fact that the
police were searching for him. He
was able to prove that he had not
been in town during the time of
the murders and also that he had
ndt seen his notorious cousin for
several years. ‘This was a disheart-
ening disappointment to the police
in a case which was already replete
with queer coincidences. Harrison
Woods fitted into the picture of the
murders almost as clearly as if he
were actually the man, but only
if he had been aided by his cousin.
Carlucci and Folsom also fell into

the accepted pattern but they, too,.-

were innocent.

As the days wore on it became in-
creasingly evident that efficient po-
lice work alone would not break
the Miley murder case; a little
luck was also needed. Fortune
finally smiled on the overworked
investigators but these men added
something too; their contribution
was the most amazing example of
police cooperation ever seen in the
great Southwest.

On Thursday, October 9, ten
days after Marian Miley went to
her shocking death, two young nien
called on Chief Price of Lexington.
They identified themselves as Bud
Tomlinson and Tommy Lunsford,
two local -boys who were well
known in the town. Tomlinson, the
spokesman, lost no time in getting
to the point:

“We know that there’s a reward
of $3,000 for information on the
Miley case but we were coming in
to see you anyhow. Besides, what

ye

Aah

In a private apartmen

we have to tell you probably doesn’t
amount to a row of pins. Here it
is:

“About two weeks ago a fellow.

who used to work in the brewery
asked Tommy and I if we wanted
to help him rob some kind of a
club where he delivered beer. We
told him no and that’s all there
is to it.”

“Who is this man?” Chief Price
asked. “Do you know his name?”

“Sure,” Tomlinson replied with-
out hesitation. “It’s Tom Penny;
he’s an ex-con with a big scar
down the side of his face.”

Could this be the break the po-.

lice were looking for? It certainly

looked like a lively tip at first -

when the police found that Tom
Penny was absent from his usual
haunts. The brewery where he had
worked had not seen him for over
two. weeks and neither had his
family. His mother, a widow, had
been critically ill for a month and

the detectives were afraid to ques-.

tion her, fearing a relapse. Mrs.
Claude Riley, his sister, did all she
could to aid the authorities.
“The last time I saw Tom was
on September 21st, when he said

he was going to Louisville to get

a new job. I signed a bond to get
him free on a forgery charge that
was pending against him and I
haven’t seen him since.”

A general alarm was issued for
the arrest of Tom Penny, but many
of the police had serious doubts
that he was actually implicated in
the killing. He did not answer the
description given by Mrs. Miley,
although in her condition she may
have been mistaken, nor did he fit
in with the .accepted theory that
at least one amateur had been in-
volved. Penny is of medium height,
has black hair and was convicted of
bank robbery in. 1931 and served
another sentence in 1933 for par-

* of the swank Lexington Count

fap

were cruelly mortenes® to

ticipating in a holdup and shooting
in a Lexington grocery store. Two
men were shot at that time, neither
of them fatally. It seemed unlikely

. that such an experienced criminal ~

would kill in order to steal one

' hundred arid thirty dollars, but how

about his accomplice?

THE search for Tom Penny start-
ed in a most inauspicious way.
Routine teletype messages were

‘ sent out and a watch was posted

on his home in Lexington. All at-
tempts to trace his movements
ended in blind alleys. He was re-
ported seen in Louisville but the
trail stopped there.

The break came with startling
rapidity. Detective Major James
Malone of Louisville was going
through ‘some stolen car reports
when he suddenly got an inspira-
tion. Bob Anderson, the owner of
the Cat and Fiddle Club in that
city had reported his blue-green
1941 Buick sedan as having been
stolen. Could it have been the car

“seen by the Lexington newsboy?

Acting on the hunch, Major Ma-

lone called Chief Price, giving the

Lexington official the registration
number and full details. This in-
formation was immediately added
to the teletype broadcast request-
ing the arrest of Penny. The hopes
of the Fayette County police soared
to the heights once more. If Tom
Penny and his unknown confeder-

‘ate had stolen the car in Louisville
.and were still using it to flee the

country,.alert highway patrolmen
would undoubtedly pick them up!

The reports began to come in
thick and fast. Florida authorities
wired that the car, containing two
men, had been seen in that State
a week previously but could not
now be located. Police in Alabama
traced the blue-green sedan as far
as the Louisiana: border. Appar-

ently the missing men were head-
ing West into Texas, so the
authorities were requested to be on
the lookout.. As the day passed,
many similar telegrams came in
by wire and radio. Tom Penny was
slowly being caught in a net of
copper wires.

On the following day, October
10, Sheriff. Ernest Thompson of
Fort Worth, Texas, was driving
along the highway near the city
when he‘saw the blue-green sedan
with the Kentucky plates. He fol-
lowed it into town and saw two
men alight and enter a restaurant.
The sheriff examined the car, made
sure it was the one he was looking
for, and arrested the men. So sur-
prised were they that the officer
didn’t even have to draw his gun.
Both men were unarmed, but a
search of the back seat of the
sedan revealed an exploded 32
caliber pistol shell of the same
type that killed the Mileys.

Tom Penny admitted his identity

but denied any knowledge of the
murders. He was questioned for
three days by Lexington police who
had flown to Texas for the pur-
pose. His companion soon proved
that he had not been in Lexington
and was released but Penny’s
answers were evasive and uncon-
vincing. Finally, when faced by
the newsboy who had seen the car
outside the Country Club, the man
confessed.
. And who was his confederate?
Tom Penny named Bob Anderson,
the night club operator from whom
he had stolen the car!

On the night of the murder,
said Penny in his confession, he
and Anderson entered the country
club during the height of the fes-
tivities, remaining there until the
lights were turned out. Then they
pulled the master switch and went

(Continued on page 30)


; less unborn babies and to mutilate - when Langley's attorneys dramati-
TIC HTE N S He the bodies of many young women. cally asked that their client be
; rn With the two abortionists locked allowed to plead guilty. The offer

ic 7 ET Lt xi | | in jail, Detectives Hartis and Priv- was accepted.
eee unrouey, | ette set out to tie in the loose A few minutes later Rose plead-
No Cost! —- meg | ends of the dramatic ‘case. They ed guilty to the charge of perform-
or No Cost: '| "800m discovered another victim of ing an abortion on Dorothy White
Yar wernt at {Tse Jautw sare \ f regener Noses | -the gang. She was Florence Moore, and he and Langley arose to re-
padre acaary sare fect $A who readily admitted that she had ceive their sentences. Visibly
tousce 1 9 Juser MONEY BACK. W. Glasses. ‘| Procured an abortion from Jack nervous, and worried, the two doc-
: i 3 & fir? | | WS. €ye-Glasces Co. 1557 Milwaukee Langley. Warrants were quickly tors of doom heard Judge Burgwyn
a ’ dab drawn up against the pair. Lang- order them to serve sentences at
Oo <A WOR ig agony inenge pg from ‘two and a half years to five
ur Amazin F ; 6 wanted at 90% face value | in the death of Nettie Harrell and years e te Penetentiary.
Don't suffer emb 7 ie f te inom sone 20¢ to ite fm fee %s¢ | With performing abortions on Dor- Although the pair got off very

cauned by loose dental platen: Anply onan face value, MAIL SyAmre REGISTERED. MONEY | Othy White and Florence Moore. lightly, the Wilson Police were glad

RLINEI In a jiffy your plate fits nike new and |} SENT BY RETURN MAI Rose was charged with performing that they had smashed the noto-
font Keatiog to Cnt fq manta, No old tash- : GARBER SERVICE an abortion on the White girl. rious abortion gang. They realize
CROWN, from tube ‘and put Four teeth back in, || 72 Fifth Ave, Dept. 2712, New York City As the trial date drew near, it that, although the death of Nettie
ognized authority “im dental field A "patent ‘Wes PRETTY GIRLS -was obvious to the authorities that Harrell remains unavenged, a
orgy gh Bay By , convicting the grocer of murder greater, divine Judge will take care

plate with CROWN, take your false out
for cleaning without affecting the CROWN
is ‘teed

Photographs — Books — Novelties | was going to be a difficult task, of that. So long as her murderer

Big Assortment —.$1.00 despite the overwhelming evidence. lives, he must carry in his mind
Catalog 10c. “But the court cannot pass up the the apalling, pathetic picture of
abortion charges,” Chief Hocutt the young. woman sprawled on her

Ss. D. BRAUN told his men. “Langley and Rose back in the lonely, desolate woods,

353 West 47th St, Chicago, Ill.| are definitely headed for prison.” with her sightless eyes peering sky-
So when, Langley appeared in ward—the victim of greed and
“RHEUMATIC PAINS™ | court for trial on December 5, 1940 avarice! ,
9 : Solicitor Don Gilliam, acting under

MAKE THIS TEST FREE | the advice of the Judge WHS. The names of Mary Long, Ruth
If you'll send me your name and address, I'l mat | Burgwyn nol prossed the murder Moran, May Bruce, Dorothy White
ot the NEW IMPROVED: GaSe coat pe | charge against him. The court was and Florence Moore are fictitidus,
MEPEOD wih RT SUM Te ee Pees Simmeuly | about to proceed with the abortion and: are used in this story to pro-
TIO, 10 conditions, No matter how | Charges against the defendants tect innocent people. — Editor.

TIC, and NEURALGI
long you have had those awful pains you owe it to
you

FEES Ae MO TONNAGE | The Story of Louisville Kentucky's Golf Club Murder
(Continued from page 7)

up to the second floor. Hearing theless, both Anderson and_ his

May the sound of heavy breathing, they former jailmate have been charged
b ‘ i SEX f k] led! ==: yyenpet d a —_ Map car ae ee pr ee murder and are

mevesti,anrsceed to Sack eae Sea have boeg emselves with two 32 caliber re- aw: g i
a ou ar € r an y. revea s Sect ren Sper jer mont cares vace_ | WOlVers. _ _ Meanwhile, score another victory
ATAY ich talse inate) A tent s ATTRACT THE OPPOSITE SEX! “When we got back up the for efficient and brainy police co-
; ; ‘ pirthright ... . stairs,” Penny continued in.,his operation.

sworn statement, “Anderson used ° ‘ , ?

something to knock the panel out Editor’s note: names of all sus-

of the bedroom door.. Anderson pects other than Penny and Ander-

reached inside then and opened son ware fictitious to protect

khe door and I went into the room innocent persons.

with him.

. | > “There was a bunch of screaming FLASH!

and scuffling before I got in and “As this issue of Sensational

a8 soon as I got in the room some- Detective goes to press Police Chief

thing hit me on the chin. I got: Austin B. Price of Lexington, Ken-

knocked down and when I got up tucky, announced that Raymond

and started through the hall some- “Skeeter” Baxter, 27-year-old Lex-

one grabbed me by the neck. I hit ington Country Club employee, had

the person: with the gun in my admitted taking part on the Miley

hand and it went off. And then the robbery slaying.

shooting started. I don’t know how Chief Price said that Baxter told

many times I shét or how many ‘Substantially the same story as

times Anderson shot.” bine i ae in his con-

according to Penny’s sto: A mn. n e three men were
the two men went back to the ted. brought together, Robert Anderson

‘STOP worrying—the true facts.........:.

SAYS THAT MOST
CAUSED 1 '{

fi

wie show you our faith ia your satistaction denied everything Baxter and Pen-
i book, we are o@ering a room, took the money and left. ng
pie epee ET al ree -Bob Anderson was arrested in ped a - and branded their
i Pic Rowse. Kove tr bao fs ory Louisville the same day by Detec- Although both Penny and Baxter
it back ‘and we will teleed toe samt ae tive Major Malone. The night club have named Robert Anderson in
manent bse gee pny ey “Eugenics aed owner admitted that he had first

their confessions, the Louisville
reir fae Be neh one state mo night club operator has consistent-

; ly denied any part or knowledge
tentiary at Frankfort, Kentucky, of the crime. Anderson was ar-

but he denied that he was with the . a
former convict when. the Miley a une oah-d oo a
murders occurred. has not been: tried or convicted

“I see no reason why Penny and it is entirely possible that he
should involve me in this thing,” is an innocent victim of two

?
[

pear he said to Major Malone. Never- other men’s stories.
See Mees as Sereal 2 - @
Eee” Er Snaring New. Jersey's Murdering Cat Burglar

enon (Continued from paqe 27)
This AMAZING NEW BOOK Sapa emg ng ge “ —— Ped .
~ incloded FREE of extra charge eae Sine maschaee “price wt be “roe im |? }owner. Chief Jensen hastily lo- answer. “It was the kind with the
anata eee bilan ratty isa rs gh describe the gun you ues ok eng hese aated
ine” ‘portoaecan eoeanea ae ; el-p
The Soa ie seme rae Sr tants wit, 3] Address - — lost in the robbery of your home?” Serie the plating was worn
EUGENICS “Sod” SEX HARMONY. City and State. Age “Yes, it was a very old Smith & off in ts.”
PIONEER PUBLICATIONS, INC. 8 from Foreign Countries 15 Shiltings- im ~ ’ spo e :
Rest, 1290 1790 Broadway, tow Yoru City _Advance Wesson 5-shot safety,” came the Here was the first real climax


Pretty Marion Miley,
noted girl golfing champ-
ion, left, fell under the
fire of a murderer in her
home at the swank Lex-
ington Country Club,
aboye, Lexington, Ky.,
and investigators ran into
a puzzling mystery. The
girl’s mother was fatally
wounded at the same
time, County Police
Chief J. W. McCord, be-
low left, and Lieut, Joe
Hoskins examine the
spot where Miss Miley
was brutally slain.

NE o
baffii:
year

ette county,
the investiga
Marion Milk
and her mot!
Miss Mile
parent were «
private apart
ington Count

The pre
champion die
her head 7
nightgov
yards to
three wounus
the alarm.

Police theo
tive for the sla
on a short s:
at the hospita
coma which p
later.

After receiy
Mrs. Miley t:
B. Price of L
that she was
sounds of son
of the door. T!
men entered, n

One deman
country club
she said. Thes
she refused to
one of the ban:
began shootin

Investigator
try club foun:
where she hac
her bedroom.
slipped a neg]:
dashed to her
was shot in th
the back befor

Coroner J. }
girl golfer diec

Statewide ri

[Conti


I went to Springfield to fill a couple of
dates we had there.”

The officers rose to leave.. “Merrill,”
the sheriff said in a soft voice, “I would
appreciate it if you would go with us to
town and sign a statement like the one
you just made. You know of course that
I have to check every person who even
knew Lawson or that Burke had a party.”

“Of course I understand, Sheriff,”

Knight answered at once. “Just wait un-

til I get my hat and coat.”

Soon they stopped again at the Wilson
home and Day made the same request of
John Wilson. Like his pal, he consented
at once to accompany them. The young
men fell into a warm conversation in the
automobile as they drove toward Forsyth.

Leaving the two farmers in the office,
the officers went into the hall. “It looks
very much as if we’re barking up the
wrong tree again,” Adams said in a gloomy
voice. “They weren’t in the least alarmed
when we appeared and weren’t even in-
terested in what we wanted them to sign
here.”

“So I noticed,” replied Day. “But

Price promptly called Detective Hos-
kins and ordered him to bring Baxter
down to headquarters. Grilled at length
by the officers, the greens tender stoutly
denied that he had heard the fatal shots.

everyone except these two has told the
truth as far as he knew it. But Knight
and Wilson have lied to us in certain de-
tails. Their stories about whose car was
used is a good sample and shows that
they’re at least trying to cover something
up, whether they are the killers or not.
Now, if this proves to be human blood
on this clothing, it’s certainly going to be
awfully hard to laugh off. .Especially if
any of those fingerprints match!”

It was long past noon when they re-
ceived their reports from the city chemist.
He handed back the clothing and nodded.
“That’s certainly human blood,” he said.

Day was jubilant and hastened to Po-
lice Headquarters, where he again re-
quested the aid of the Identification man.
And back in Forsyth they confronted the
now snarling suspects with the chemist’s
report. Both men instantly and pro-
fanely denied any knowledge of how the
blood came to be on their clothing or of
knowing anything about the murder. Day
realized that he was wasting his time, and
had the Springfield expert take the prints
of the two young farmers.

of the co

i el

Her head bowed, brunette Mrs. Evelyn Poston,23, is escorted out
urtroom in East Boston, Mass., where she was charged
with the first degree murder of her five-week-old son. The State
alleges that Mrs. Poston, the wife of a member of the Coast
Guard, drowned the infant, and then hid his body under her bed.

When their prints were being taken,
John Wilson licked his thick lips .and
glanced fearfully at his partner. And
when the Identification man started com-
paring the prints with those from the
stone, he broke without warning.

“All right, you win,” he mumbled. “We
killed Lawson. I knocked him down and
Merrill finished him.”

Then Knight wilted and also con-
fessed. Pressed for their reason for the
crime, they said that they had been angry
with Lawson because they had learned
that he and Burke had taken their whisky
from its cache in the forest. ~

“And besides,” Wilson added, ‘Merrill
was jealous of him and Martha Burke.”

On May 25th, 1933, after a change of
venue had been granted, Merrill Knight
was convicted in Ozark in Christian
County before Judge Gideon, and was
sentenced to spend ears at hard labor
in the penitentiary. at Jeff ity..

Wilson also received a change of venue
and appeared on the 29th day of June,
1933, in Galena in Stone County before
Judge Gideon. He was convicted of
second degree murder and received a sen-
tence of 10 years. The state agreed to
lighter sentence because it felt that Knight
had been the actual slayer.  —S—

Note: Jn order to protect the identity
of innocent persons, the names Tom and
Martha Burke are fictitious:

TOUR

Though convinced that Baxter - knew
more about the fatal shooting than he was
willing to admit, Price was forced to re-
lease him for lack of evidence. A city
patrolman was detailed to watch Baxter.

NAMENT OF DEATH.

(Continued from page 8)

As the week drew to a close with no.

new developments forthcoming, Guy Mau-
pin reported that all but two of the 15
sets of palm and fingerprints found at
the murder scene had proved to be those

of the Miley family. The five shells and
five slugs, he established, had definitely
been fired from a .32 calibre automatic.
In the hope that the F.B.I. laboratory in
Washington would be able to ferret even

UNCENSORED DETECTIVE

SCARFACE IN NEW ROLE

The heavy jowled gentleman with the carnation in his lapel has

just played the part of the benevolent father at his son's wed-

ding. Recognize him? He's "Scarface Al" Capone, once the

satrap of illegal spirits. He is shown leaving the Miami church

where his boy, Albert Francis, joined hands with Miss Diana Ruth
Case in holy bond.

Any

4

iore information from the murder clues,
faupin left for the capital with the evi-
ence,

Late Friday afternoon Moultrie, Ga.,
uthorities advised Lexington headquar-
rs that Forest Turner and Slim Scar-
orough had been captured in that city
iter a 90-mile-an-hour gun battle with
vunty officers. Chief Price immediately
led Sheriff T. V. B. Eard and requested
iat bullets fired during the fusillade be
warded immediately to Guy Maupin
1 care of the F. B. I., to be checked
zainst the Miley murder slugs.
Anxiously Price awaited the report
‘om Maupin in Washington. Several
ays passed, during which time Chief
rice and Sheriff Thompson continued
» check on the numerous leads and re-
orts that drifted in to headquarters.
ll proved worthless. And then Forest
urner, too, was eliminated as a suspect
hen a wire from Maupin advised the
hief that a comparison of ‘Turner’s
ullets did not check with those found
1 the Miley apartment.

Wearily the officers retraced their
eps in the investigation.

\HIEF Price, Sheriff Thompson, De-
y tective Captain Harrigan and Patrol
‘hief McCord were seated in Price’s
fice on the afternoon of October 8th,
eliberating their next move, when the

Chief was handed a telegram. Price’s
eyes widened in excitement as he read:
Tom Penney picked up this city
early today . . . Suspect admits
identity but denies knowledge
Miley murders . . . Apprehended
in ’40 blue-gray Buick sedan
‘Kentucky license number 1P04
. . . Taken into custody with
Penney were Leo Henderson
Gaddis and Robert Hoffman...
Exploded .32 shell found in car
. . . Awaiting instructions.

Kart N. Howarp,

Fr. WortH POotice.
“The sixth shell!” Price exclaimed.
While Harrigan checked the license

number against stolen car records at head-

quarters, Price immediately set the wires
humming between Lexington and Ft.

Worth, and soon he had the complete de-

tails of Tom Penney’s capture by Ft.

Worth Detectives Theron Brooks and

Ed Smith.

No sooner had Price received the in-
formation than Detective Captain Harri-
gan informed him that the Buick had been
Yeported to Louisville police as stolen
October 1 by its owner, Robert Anderson.

“According to the date Anderson re-
ported his car stolen, Penney must have
hung around Louisville for two days be-
fore swiping the car and making his get-
away,” Harrigan commented.

‘a

Price drummed his knuckles against
hin desk, “Maybe he did, but I'm won-
dering if Penney might not have had the
car with him when he committed the
murder.”

The officers were silent for several
moments,

“If that’s true,” Harrigan commented,
“why the devil did Anderson wait until
two days later before reporting his car
stolen?”

Price rose to his feet.
the point.”

Requesting Detectives Hoskins and
Sellers to keep Anderson under constant
surveillance, and to make certain that
he did not leave town, Austin Price and
Sheriff Thompson left immediately by
train for Ft. Worth. Several hours later,
fingerprint expert Frank Gravitt, accom-
panied by Tom Lunsford and Bud Tom-
linson, left Lexington for the Texas city.

Arriving Saturday morning, October 11,
Price and Thompson grilled Penney at
length at Ft. Worth headquarters, but
the suspect stoutly denied any knowledge
of the Miley murders. He had, he told
the officials, left Lexington in the stolen
car on September 30, and driven to Flori-
da seeking work. There he had picked
up Leo Gaddis and Bob Hoffman. The
three then had driven west, hoping to find
jobs in the oil fields of Texas or Okla-
homa,

Failing to break the suspect, Price and
Thompson returned to their hotel for a
night’s sleep. ;

The following morning the Lexing-
ton officers once again grilled Penney,
but the man still stubbornly protested that
he was innocent.

At last Price stood up, walked to the
other side of the room.

“All right, Penney, if that’s the way
you feel about it,” he threw back over
his shoulder, ‘Personally, 1 don’t care
whether or not you confess, and I’ll tell
you why. Tom Lunsford will testify
in court that you asked him to participate
in the holdup; Bud Tomlinson will swear
that you asked him to find you a gun
for the job. That proves conclusively
that you planned the job. But the clincher,
Penney, is the .32 shell we found in An-
derson’s car. The F.B.I. laboratory
will establish the fact that the gun which
fired that shell, fired the other five found
on the murder scene.

“There isn’t a court in Kentucky that
won’t convict you on that evidence. I’m
telling you all this for only one reason,”
Price weft on. “We know you didn’t
pull that job alone. Frankly, we don’t
know who was with you. But brother,
you're going to burn alone, and your pal
will go free! Think it over.”

“That’s just

Penney was returned to his cell. At’

1:50 that .afternoon he called for Price
and announced that he was ready to talk.

Immediately the prisoner implicated
36-year-old Robert Anderson, in whose
car he had been captured. He and An-
derson, he said, had met Saturday night,
September 27, in Louisville, and after
spending the evening with some girls at
the Milner. Hotel, had decided to rob
the Lexington Country Club. Arriving
there, they had broken into the house,
pulled the light switches in the cellar, and
walked up the steps leading to the Miley
apartment. Finding the door locked, they
had returned to the kitchen, where An-
derson had picked up something—Penney
didn’t recall what—to batter down the
door.

It was Anderson, he said,’ who broke .

the top panel of the door, reached in,
opened it, and entered the apartment first.
Penney had followed. Immediately, he
told Price and Thompson, “there was a
bunch of screaming and scuffling going on.

As soon as I got in, something hit me’

on the chin and I got knocked down.
When I got up and started back through
the hall someone grabbed me by the

41

neck and I hit the person with the gun
in my hand and it went off, and then
the shooting started. I don't know how
many time I shot or how many times
Anderson shot. Suddenly everything got
quiet. We went down the hall and saw
a woman bent over the side of a bed. One
of us asked for the money. She said
it was in the drawer. I found two sacks
there, Later Anderson divided the money
and I got something over 60 dollars.”

Two days later, Penney continued, An-
derson had told him to take the car and
do away with it because it was hot. “I
guess this is my death warrant,” he con-
cluded, “but I suppose I deserve it.”

Immediately after Penney had signed
his confession, Chief Price wired Major
James Malone in Louisville to arrest
Robert Anderson, owner of the Cat and
Fiddle night club. He also requested
Karl Howard, Ft. Worth chief of police,
to order the release of Leo Gaddis and
Robert Hoffman.

The following Wednesday, Thomas
Penney was back in Kentucky and lodged
in the county jail at La Grange. Mean-
while, investigation disclosed that Robert
Anderson was an ex-convict and that he
and Penney had served time together at
the state reformatory. Although admit-
ting his past record, Anderson denied any
part in the Miley murders. He had been
busy in his night club until 2:00 oclock
on the morning of the crimes, he said, and
had gone to bed a half hour later. ;

Despite Penney’s confession, Austin
Price still was not convinced that he had
given complete information, and he was
grilled once again, this time for ten hours
straight, by Guy Maupin and Detective
Captain Harrigan. At last the prisoner
revealed the fact he had been withhold-
ing: Raymond “Skeeter” Baxter, greens
tender at the club, had told him that
‘there’s a lot of money, maybe $10,000,
at the country club.’ At the same time,
Penney told the officers that both murder
guns had been hidden in a sack near the

, scenic railway at the Fountain Ferry

Amusement Park near Louisville.

Confronted with Penney’s confession,
Baxter admitted his participation in the
holdup murders. He was supposed to
have provided a key to the -clubhouse,
but had failed, necessitating Penney’s
breaking in through a window to gain en-
trance.

Robert Anderson, Tom Penney and

Raymond Baxter were speedily indicted

by the Fayette County Grand jury on
charges of first degree murder. Immedi-
ately Commonwealth’s Attorney James
Park made preparations for a speedy trial.
Anderson’s chief counsel, W. Clarke Otte,
however, demanded a separate trial for
his client; later Milton Quinton and Wil-
liam B. Martin, attorneys appointed . by
the court to represent Tom Penney, were
granted a similar request.

Thus it was that a delay of almost two
months occurred before Robert Anderson
appeared before Circuit Court Judge
Chester D. Adams, charged with murder
in the first degree. Though Tom Penney
took the stand as a witness for the prose-
cution, the State’s case against the night
club owner was cinched by T. F. Baugh-
man, firearms expert for the F.B.I., who
introduced microphotographs to prove
that the bullets which had killed Marion
and Elsa Ego Miley had been fired from
weapons previously shown to have been
in the possession of Anderson.

After hedring all the evidence, the jury
retired for 24 hours before bringing in
their verdict. At 9:30, Thursday night,
December 11, Anderson was found guilty
as charged, which verdict, under Ken-
tucky law, automatically fixed death as
his punishment for his part in the brutal
murders,

Three days later Raymond “Skeeter”
Baxter’s trial began before Judge Adams.
Again Tom Penney took the stand as

te


Oy AN SS Oo

42

witness for the state. Baxter’s trial
lasted one day, and the jury was out but
two hours before finding him guilty.
Immediately, on that same day, Decem-
ber 17, Tom Penney was placed on trial.
Penney’s attorneys required but 26
minutes to present their client’s case. On

flat where good taste compensated for pov-

erty.

“Please talk softly. Our babies are
asleep. I know Martin was shot. How
is he?” =

“Who told you?” Mansfield asked.

With remarkable self control she an-
swered his questions. At 11:10 that night,
she said, she had talked with her husband
on the telephone. He said a friend had
just left the station, that he was alone
and wouldn’t be able to go out for his
midnight snack. She said she would send
him sandwiches and a bottle of tea. She
prepared the lunch and gave it to George
Eckart, who roomed with them, to carry
over to } \. Eckart had arrived at

UNCENSORED DETECTIVE

the stand once more, Penney, when asked
by Attorney James Clark why he had
testified against rson and ter, re-
plied, “I was more interested in satisfy-
ing my own conscience than anything
else.”

At 11:18 Thursday morning, just one

week after the first death verdict had
been brought in, Tom Penney was found
guilty by the Fayette County jury. Pen-
ney’s conviction occurred exactly 81 days,
6 hours, and 35 minutes after Patrolman
Doyle had received a call from Sergeant
Beatty to ‘investigate a shooting at the

Country Club’!

The sleuths: were commended by au-
thorities on the speedy apprehension of
the three.

On December 30, Anderson, Penney and

Baxter were sentenced by Judge Adams
to die in the electric chair.

THE DEAD MAN BEGS A

O’Connell was in a critical condition and
growing worse. He still was not in a posi-
tion to speak. ‘z

The next morning Mansfield and Ter-
minello dropped in on the offices of the
Hatcraft Co. and interviewed an official

‘of the company, a Mr. George Shayne.

“Here’s the hat,” Terminello said, ex-

tending the blue fedora he found near the

murder shack. -

Mr. Shayne examined it briefly. “It’s
one of ours, all right,” he said, pressing a
buzzer. “I’ll find out where it was shipped
to.” While a clerk was searching past
files, Mr. Shayne continued, “This is one
of our old models, the cheaper type, made
to retail for $1.95.”

(Continued from page 21]

know his name, but suggested that still
another young man called “Blackie” might
know. But Goldstein was vague as to the
identity of Blackie. He had merely heard
his name mentioned.

Then, from one of the men present in
the garage, Mansfield learned that an Ern-
est Grillo had had an appointment at
10:45 with O’Connell the night he was

killed. The group was shown the blue.

Fedora. Meyer Goldstein was positive it
was Bertone’s hat. Another was equally
certain Bertone never wore a hat.

“Who is the man known as Blackie?”
Mansfield asked. .

RIDE

closed the door and invited the frowning
Italian toa chair. | .
Grillo appeared genuinely astonished
when told that O’Connell had been mur-
dered. He readily admitted that he had
been with the former prize fighter that
night, but insisted he had left before the
shooting, -of which he knew nothing. He
had no witnesses to corroborate his state-
ments, he conceded. Constant prodding

on the part of Mansfield finally elicited .

from him the fact that while he had been
with O’Connell in the station a young
fellow, a friend of Tony Bertone’s, had
come in, asking the use of Blackie’s car.
O’Connell had refused, and the fellow had
left. Then he, Grillo, had depart He

had never seen the fellow before a! In’t


She won many national tournaments, lost fight for her life.

TWO MASKED GUNMEN CAME ARMED TO

at her head, at almost pointblank range.”

Chief Price looked around the room, past the sheet-
covered figure of Marion Miley, lovely young tournament
golf champion. Furniture and lamps had been overturned in
the struggle between girl and gunmen. Only one drawer was
open, the bottom drawer of a desk.

“Mrs. Miley said one man took the cash box from that
drawer,” Doyle stated. “He evidently knew what he wanted
and where it was.”

Robbery and murder, with obvious ear-marks of an inside
job, Price decided. He raised the sheet and exposed the dead
girl’s face; he studied the bruises on the cheeks.

“More bruises on her knuckles,” Coroner Hervey Kerr
informed Price. “Her gown is torn up like she put up a
terrific fight. There’s blood on her fingernails, probably that
of one of the killers. We'll check for flesh scrapings under
the nails during the autopsy.”

The body was removed and Chief Price placed seals on
all exits from the murder room. “We'll keep it sealed until
later on this morning when the photographers and lab men
get out here. Meanwhile, it should be light enough outside,
by now, for a check of the grounds and neighbors. Better
round up the employees of the country club and quiz them.”

In the quiz game the detectives held there was no $64,000
prize. The only award in the deadly game of murder was a
few fleeting moments in the “isolation booth”—the Death
Chamber. The electric chair is the state of Kentucky’s an-
swer to those who choose the category of murder.

KILL THE PRETTY GOLF CHAMPION

showed up to lend a hand. Sheriff Ernest Thompson’s own
experts arrived with microscope within minutes—Lieutenants
J. Hoskins and George Harrigan.

“We want to know everything,” the sheriff said. “Even
when the room was vacuumed last.”

The technicians expertly removed the doors of the living
room and the bedrooms. They dusted them and hunted for
fingerprints. They studied every piece of furnishing, every
inch of carpet. What they found was short of sensational: a
brown button, with a thread and bit of torn material; some
blond hairs; a .38 automatic slug pried from the baseboard
of the corridor door; two more .38s that had dropped, spent,
into a blanket on a bed; about a dozen assorted fingerprint
smears.

HERIFF Thompson, Chief Price and County Patrol

Chief Will McCord had retired to the downstairs level
of the club, to question the first of the club employees to
be brought in by the detectives. This was 35-year-old
“Skeeter” Baxter, the greenskeeper. A long-nosed man with
a deep tan and heavy-lidded, sleepy eyes, Baxter appeared
tremendously upset at news that Marion Miley had been
shot and killed by masked intruders. His voice trembled
and his hands clenched into fists.

“I should have stayed,” he said. “I was supposed to sleep
in the caddy house on week-ends. The women were alone,
you know. But nothing ever happened before when I went
away, and there were a lot of people here last night for the

Marion, mother ran this lovely golf club near Lexington, Ky.

BULLETS AFTER THE DANCE *"~

i, G. W. Maupin, |., Hoskins dust bedroom door of mother for prints.

h

Chief J. W. McCord, I., Lt. Hoskins examine bloodstains.

Fed

BECAUSE she was a national golf champ, a proud, pretty
girl, Marion Miley had fought back with her bare hands.
Now, she lay dead, shot through the head and back, blood
reddening her sheer nightgown, Her mother lay dying,
three bullet wounds in her stomach.

Officers Virgil Mann and John Doyle found the bodies
in the apartment over the clubhouse at the Lexington, Ken-
tucky, Country Club early Sunday morning, September 28th.
They wanted the older woman to talk before it was too late,
but death had grown nearer with each word the pain-
wracked woman managed.

When the last utterance had been made and an ambulance
was rushing. 50-year-old Elsa Miley to a hospital the two
Officers filled in the recently arrived Police Chief Austin
Price on the details of the murder.

“She heard something in the living room,” Doyle said.
“She went in there and two masked men pointed guns at
her. She screamed, and one man shot her down. While
she lay there helpless her daughter Marion awakened and
ran into the room to start fighting with the gunmen. They
shot Marion, once, but she still fought. She wouldn’t let go
of one man, who was trying to flee, so he fired directly

40

Chief Price contacted one of the country club officials by
telephone and the man promised to come over immediately
to help however he could. Price personally questioned him
about the club employees when he arrived.

The dying woman, Eisa Miley, was the manager of the
club. Aside from Elsa and her daughter, there was a cook,
a greenskeeper, a number of part-time waiters and caddies.
All of them were highly trusted; none of them would have
reason to murder either woman. What made it look like
one of them had, was the fact that Elsa Miley carefully
pretended, each night, to place the day’s cash receipts in
the downstairs safe—but actually sneaked it upstairs and
kept it in the cash bex in the desk.

“It’s possible,” Chief Price said, “that one of the em-
ployees knew about the cash box trick and told somebody
else. Maybe none of them did kill the girl, but one of them
must have fingered this job to an outsider.” :

Chief Price took down a list of names of all the club
employees. It was about a quarter after eight, and laboratory
crews began to drift in. In response to a request made by the
sheriff's office, Identification Expert Guy Maupin, Common-
wealth Investigator Walter Kirkpatrick and a photographer

DETECTIVE CASES

dance, There always are.”

This had been the usual Saturday night country club
affair, which broke up, most of the time, in the wee hours
of the morning. Baxter said that he had left the club
around eight o'clock Saturday night, after the late after-
noon golf crowd had finished up on the links. He had gone
to a tavern on Concord Street in Lexington, for a few
drinks, and then home to spend the night with his family.

A few phone calls confirmed Baxter’s story and he was
crossed off the suspect list. The part-time waiters were ques-
tioned, and they all accounted satisfactorily for their time.
The only other employee not yet cleared was the cook,
Kenneth Simpson. Lieutenants Hoskins and Harrigan were
given the assignment of bringing Simpson in for question-
ing.

cThe word on Simpson was that he was a woman chaser,
although married. It is a known fact that men who chase
other women usually need lots of extra money.

The question of money interested Chief Price. He in-
quired of club officials exactly how much cash might have
been in the stolen box.

“Not as much as most people might think,” one officer

DETECTIVE CASES

— batons 196).

*EN6T “90-2
— (eqqeseg
sronauex b

part-timers, though.” He got up out of his chair and
went to the phone. He got his number, spoke a minute
and hung up. “Prescott will be right over.”

Prescott had been to the dance and complained he’d
just about gotten to sleep when his phone rang. He was
appalled at the news of Marion’s death, and equally so
by the suggestion it might have been any of the club
employees.

“I’ve known most of them for years,” Prescott said.
“Besides, after Labor Day they go south—and the part-
time kids who were working are mostly from the neigh-
borhood. Good kids, too. There’s a new cook, Danny
Witter, but he doesn’t sleep in and he’s only here a few
hours around meal times.”

“I don’t mean necessarily one of them did the robbery,”
Price explained.’ “Anybody employed here would know
soon enough where the cash was kept and what Mrs.
Miley’s habits were. They could have told somebody else.
Fingered the job. Anyone else working here?”

“The greenskeeper,” Prescott said. “Raymond Baxter,
Skeeter, they call him.” He thought a minute. “That’s all.”
“You better give me the names of everybody who

’ worked here last night—the kids too. You never can tell.”

Price sat down and jotted the names Prescott gave him
on his pad.

It was 8:20.a.m. when Commonwealth Investigator Wal-
ter Kirkpatrick and identification expert Guy Maupin,
who had been summoned by the sheriff's office, showed
up along with their photographer. Thompson’s own crack
aides, Lieutenants J. Hoskins and George Harrigan, joined
the two investigators as they went to the scene of the
murder and began a microscopic examination.

They took the doors off the living room and both bed-
rooms and dusted them for fingerprints, and in like man-
ner examined all lamps, furniture and light switches. In
a chair near Marion’s door a brown button, with a thread
and a torn fragment of material, was found behind a
cushion. It was from a man’s suit and looked as though
it had been torn off in the fight.

Some short, blondish hairs were found,
and then a slug from a .38 automatic was
discovered in the baseboard near the door
to the corridor. As they worked, Coroner
Kerr, who had taken Marion Miley’s body
to the police lab on the return trip of the
ambulance, came upstairs to the apart-
ment. He had an envelope in his hand and
gave it to Kirkpatrick.

“I took these out of Miss Miley’s body,”
he said. “They’re thirty-two slugs, ac-
cording to the technician. I saw Mrs.
Miley for a moment—saw her wounds—
and she was blasted by a bigger bullet.
Did you find them? They went right
through her.”

Kirkpatrick shook his head. He thought
a moment, setting up the reconstruction
of the crime in his mind. “She was shot as
she came out of her room—the door was
open—but there were no marks in the
walls or floor.” He snapped his fingers.
“In the bedclothes, maybe.” He walked
over and carefully examined the blankets,
found holes and then the spent .38 bullets
that had penetrated Elsa Miley’s body.

It wasn’t a bad haul: three .38 slugs,
two .32s, some blond hairs, a button off
a man’s coat and a dozen undetermined
fingerprints, any one of which might send
a man to the electric chair.

Meanwhile, downstairs, Thompson, Price
and McCord were questioning the first of
the club employees. This-was “Skeeter”
Baxter, a sharp-nosed, sleepy-eyed man
of 35 who faced the officers nervously.

“Well now, last night,” he began, “let’s
see—I guess I left here around eight.
There was a lot of people playing golf
in the afternoon and most stayed late, so
I couldn’t get away.”

“You're not supposed to go away!” thun-
dered Prescott, who witnessed the ques-
tioning. “You’re supposed to sleep in the
caddy house on week ends to act as
watchman.”

Baxter made a rueful face. “Yeah, I
know. But nothing ever happens. I’ve
gone away before and no one ever mi

“J didn’t do nothin’,” greenskeeper cried;
added, “only told them where the money was”

<8 pegres-

n
h '

86

years before quilting the sport to apply
himself more closely to his studies.

A navy veteran of World War ‘Two,
Rafferty had worked for a time after his
graduation from the university in 1951.
He was at present, however, jobless.

“There,” Agent Foster said, “could be
the link with the university that’s been
bothering us. A man like Rafferty would
know about the fraternity initiation cus-
toms on the campus here. He'd probably
be smart enough to realize he and his ac-
complices could parade the streets in odd
clothing without exciting attention during
initiation week.”

Nelson was arrested on Friday afternoon.
FBI men and state police nabbed him as
he walked out of a supermarket in Ports-
mouth, his arms loaded with groceries.

Al Lazzaro was picked up in a Ports-
mouth poolroom. Nitter Rafferty could not
be found. A married sister, with whom he
made his home, said Nitter was in Boston
to watch the finals of the New England
high-school basketball tournament. Still
a devotee of the game—he was a member
of an amateur quintet which was sched-
uled to participate in a tourney a_week
later—Rafferty had also been in Boston
on Wednesday, after the robbery, to see
the semi-final p:mes of the big tourna-
ment.

Both Nelson and Lazzaro denied guilt
in the Durham robbery. Both offered
alibis. Nelson said he had been working
on details of readying another amatcur
cage team, of which he was manager, for
the coming tourney, and Lazzaro claimed
he had been in Boston on Tuesday night,
seeking work as a taxicab driver there.

Support could be found for neither alibi.
During long hours of interrogation, as
Nelson and Lazzaro were led through their
stories a dozen times, little contradictions
began to appear.

Then State Police Captains Neil Bierce
and Herbert Gray returned to police head-
quarters in Portsmouth with several FBI
agents—and a canvas sack.

“We found this beneath the eaves on
your house,” Bierce said to Nelson. “Now
let’s hear you explain where you got more
than $30,000 in cash, and why you had to
hide it beneath the eaves.”

In the sack was all but about $3000 of
the Durham bank loot.

Both Nelson and Lazzaro cracked. Al-
though each freely admitted his role in
the robbery, neither would implicate the
other, and neither would accuse Nitter
Rafferty as the third of the masked gun-
men who had terrorized the King family
and looted the bank vaults.

In Boston, federal agents and local de-
tectives searched for Rafferty at the bas-

ketball game, but failed to find him, al-
though he had been seen in the crowd
there.

The officers located a small hotel where
he had stayed Friday night, and a stake-
out was set there.

Rafferty was picked up late Saturday,
however, in the market district in Boston’s
North End. Soon after he learned that
Nelson and Lazzaro were in custody, and
had signed confessions, he admitted his
part in the bank job.

The trio had spent several weeks in cas-
ing the bank and its employees. ‘They had

timed the robbery to coincide with the
fraternity initiations, Rafferty admitted.

They had fled Durham in Lazearo's ear,
reaching Portsmouth at about the mo-
ment that Deputy Chief ‘Thomas found
John Skelton lying bound on the floor of
his office.

Fach of the trio had taken $1000 of the
loot for “spending money,” and the rest
had been hidden away, to be divided after
public interest in the crime had waned.

All three were charged with violation
of a federal bank robbery statute which
provides a maximum punishment of life
imprisonment upon conviction.

They were ordered held in $25,000 bail
each, after arraignment before United
States Commissioner John Broderick in
Manchester, New Hampshire, to await ac-
tion by a federal grand jury which would
meet later in the spring in Concord.

News of the arrest of the trio brought an
ironic denouement from a former school-
mate of Robert Nelson.

“The morning after the bank robbery,”
this man related, “I met Bob in a restau-
rant. Over our coffee I asked if he’d heard
about the big robbery, over in Durham.

“He said he hadn’t. I told him what I
knew, from a radio news report. Bob
sipped his coffec, and can you euess what
he said to me? He said: ‘Won't jsuys like
that realize that crime never pays?’”

For the trio who pulled the holdup, the
pay was exceedingly small. None had
spent more than a few dollars of his $1000.
Figured against a possible life term in
prison, the take was infinitesimal, indeed.

The ENp

PHANTOM KILLERS IN THE
COUNTRY CLUB

(Continued from page 21)

As his car rolled out of the club drive-
way onto the main road, McCord suddenly
ordered his driver to stop. A large mailbox,
from which the end of a newspaper pro-
jected, caught his cye. He got out, exam-
ined it, and saw that it was the Sunday
morning paper.

“Anyone notice this being delivered?” he
asked his men.

No one had. “Then maybe it was de-
livered real early and maybe the paper
boy saw someho«!y-—or noticed a car in the
driveway besidcs the ones belonging to
Mrs. Miley and her daughter. Check on

who has this route as soon as we get back
to the office.”
An hour later Detective Jennings

brought Ed Farrell, the paper boy, into
headquarters. He always started his route
out by the country club, he said, and he
had delivered his paper there shortly be-
fore 5. He drove his route in a small pick-
up truck, he said. He was asked if he’d no-
ticed anything strange when he made his
stop at the club. :

He thought a minute and then said,
“Sure. It was dark then but I turned into
the driveway to set near the box and my
lights picked oui three cars in the drive-
way—al) Buicks, | remember. Mrs. Miley’s
sedan, Marion Miley’s coupe and one of
those new two tone sedans. A beauty.”

“Kentucky plates?” MeCord asked, know-
ing it was useless to ask if he’d noticed the
number. The youth nodded.

“The door was open,” he went on, “The
front door by the driver, I figured it) was
somebody stayed late at the dance or may-
be forgot something and came back. There
was a light upstairs in the club.”

After determining that the two-tone job
was blue and pray, MeCord at last had in-

formation which, coupled with the sketchy
description Mrs. Miley had given Officer
Doyle, made a specific all-points bulletin
for teletype transmission: “Be on the look-
out for two-tone blue-yray 1941 Buick with
one tall, one short male occupant,” the bul-
letin read. It was a start. Since it was Sun-
day and business places would be closed,
the police would have to wait until the next
morning to check with Buick dealers on
the sales of blue-gray, two-tone cars in
the area.

McCord thanked Farrell for his help and
the youth left. An hour later Lieutenants
Hoskins and Harrigan showed up with
Danny Witter.

Witter, whose short, fleshy stature and
moon face would ordinarily have suggested
a placid disposition, was an extremely ner-
vous man. He was about 40, with thin hair
and stubby fingers which fumbled at his
tan sport jacket as he sat down. Noting the
jacket, McCord’s eyes instantly sought the
brown buttons; they all matched and were
properly sewed on. He had been discov-
ered, Hoskins told his chief, in a motel near
Winchester after a tip from one of the
waitresses at Lombardi's.

“Witter checked in at the motel between
nine-thirty and ten last night with a girl,”
Hoskins said. “They signed in as Mr. and
Mrs., according to the resister. The pro-
prietor said he doesn’t think Witter left the
place at all, but he couldn't be sure since
Witter had his car parked a quarter-mile
down the road.”

“What kind of car?” McCord asked.

“Plymouth coupe, 1939,” Witter answered.

“Why’d you park down the road?”

“T didn’t want anyone to spot the car in
the motel.” He pulled at his knuckles. “I’m
married, and I wasn’t with my wife. I

kinda hid the coupe behind some trees.”

Informed now why he was wanted, Wit-
ter looked puzzled. “When the detective
picked me up I thought it was a rap from
my wife, something like that. Or some law
about dames I didn't know about, ['m sorry

about the killing, -about the Mileys but)”
The look of perplexity increased.
“But what?” McCord asked.
“Well—where was Baxter? He’s the

watchman. Last week Mrs. Miley bawled
him out for taking off—she was really
sore.” And Witter went on to tell about the
talking-to Elsa Miley had given the greens-
keeper, from which Baxter had come away
red-faced and muttering.

McCord looked at Hoskins. “Baxter didn’t
mention this.”

Hoskins looked thoughtful. “Well, he’s
got his alibi. He didn’t have to volunteer
information. He’d have been sticking his
neck out anyway, if he said anything.”

“Agreed,” McCord said. “But we'll whi
him in fast if there’s anything wrong with
his story.” He let Witter go after the two
detectives expressed satisfaction with the
cook’s story as corroborated by the proprie-
tor and the girl friend.

At seven o’clock Fred Miley, who had
sped to Lexington in response to a call from
St. Joseph’s Hospital to be at his wife’s
side, came in to headquarters. ‘he father
of the murdered girl was a golf profes-
sional, employed at a Cincinnati country
club, who had devoted all his skill to
making a golf champion of his daughter.
She had responded by winning the Ken-
tucky women’s championship six times,
the Western Open and a dozen other major
tournaments,

His wife was in a critical condition, he
told McCord, and he didn’t want to leave
her but he was determined to sce that no
time was lost in finding, the killers and
bringing them to justice. McCord and his
two aides asked Miley all about his
womenfolks’ relations with neighbors and
servants, and if he knew of any of the
employees having money problems.

i

“Elsa anc
in the wor
head sorre
idea of the
week ends,
possible tro
I made a
greenskee:
ends in cas¢
posed to a:
extra for t!

“What al

Miley sh:
he kind of
down, rea!
Marion be!
pay for ode
place.”

Hoskins }
to their ap:

Miley no
jobs was \
polishing tt

“Then he
wife kept t!
kins said.

Miley loo’
that was so.
of the emp!
“Because E
putting the
but in actu:

“If this j
McCord sai
have been t!

The next
from the «
combed the
hardware s!
tol, a .38 at
them. Hosk
tailor shop

town, displ:
in the murd
Roberts che:
ington and:
sale of the
dealers had
would checi
the state.
Guy Ma
Bureau, co:
on the door
apartment
Many of th:
mother’s, bi
matched thc
These lin
all gun anc
legally, by :
the brown |
any suspect
evidence sec
And then.
succumbed
were now t:
McCord, :
hole in Bax:
keeper’s kn
Baxter and
acy, Their a
But McCord
without tip)
bide his tim
On Tuesd
policemen,
Hadley, bro
Cord’s offic
He was a sl
but recentl:
type of wor
“One of t
said, “heard
tioned me :
club. I drin
I'm no croo!
“Who wa:
“Tom Pen
operator. A!
Checking:
was the mi:


ith the
nitted.

ro's car,
he mo-
s found
floor of

0 of the
the rest
ied after
waned.

violation
te which

: of life

),000 bail
United
‘erick in
wwait ac-
ch would
ord.
rought an
: school-

robbery,”
a restau-
.e'd heard
Durham.
an what I
ort. Bob
uess what
. guys like
sys?’ ”
roldup, the
None had
i his $1000.
e term in
il, indeed.
Tue END

——

me trees.”
cated, Wit-
. detective
a rap from
» some law
1. I'm sorry
eys—but—”
d.

He’s_ the
ley bawled
was really
i] about the
the greens-

; come away

saxter didn’t

“Well, he’s
to volunteer
sticking his
yy thing.”

t we'll whi
wrong Wi
{ter the two
‘on with the
the proprie-

ey, who had
to a call from
at his wife’s
-. The father
golf profes-
ynati_ country
his skill to
his daughter.
ing the Ken-
ip six times,
n other major

condition, he
want to leave
to see that no
© killers and
-Cord and his
ll about his
neighbors and
f any of the
oblems,

“Elsa and Marion didn’t have an enemy
in the world,” he replied. He shook his
head sorrowlully. “still, I didn’t like the
idea of the two women being alone there
week ends, and so I tried to guard against
possible trouble. | gave Elsa a whistle and
T made arranyements with Baxter, the
greenskeeper. bo be sure to be around week
ends in case of emergency, Baxter was sup-
posed to answer the whistle. I paid him
extra for that. He _well—” Miley stopped.

“What about Baxter?”

Miley shrusned, “Well, I feel as though
he kind of let me down. Or let Marion
down, really. Baxter’s a character, and
Marion befriended him. -giving him extra
pay for odd ‘obs and he had the run of the
place.”

Hoskins broke in sharply. “He had access
to their apa tment?”

Miley nodded, “Sure. One of the extra
jobs was vacuuming the apartment and
polishing the furniture.

“Then he'd know exactly where your
wife kept the cash box, wouldn’t he?” Hos-
kins said,

Miley looked at him in surprise, but said
that was so. “Tle was probably the only one
of the employees who did,” Miley added.
“Because Elsa always made a pretense of
putting the money in the safe downstairs—
but in actual fact she kept it in her desk.”

“Tf this job came on an inside tip-off,”
McCord said, “Baxter could very easily
have been the finger-man.”

The next morning, Monday, detectives
from the city and county headquarters
combed the city checking pawnshops and
hardware stores: for the sales of a .32 pis-
tol, a .B8 aitomiatic, and the bullets to fit
them. Hoskins and Harrigan visited every
tailor shop and cleaning establishment in
town, displaying the brown button found
in the murder room. Detectives Sellers and
Roberts checked the Buick agencies in Lex-
ington and nest hy cities trying to trace the
sale of the two-tone Buick, None of the
dealers had sold any, but hor d said they
would check with dealers in other parts of
the state.

Guy Maupin, of the Identification
Bureau, compared the fingerprints found
on the doors and furniture in the murder
apartment with those of the employees.
Many of the prints were Marion’s and her
mother’s, but none of the strange prints
matehed those of any club attendant.

These lines of investigation got nowhere;
all gun and bullet purchases were made
legally, by responsible people. The clue of
the brown button couldn’t be fastened on
any suspect; the Buick lead and the print
evidence scemed a failure.

And then, on Monday night, Elsa Miley
succumbed to her wounds and died. There
were now two unsolved murders.

McCord, meanwhile, tried to find a loop-
hole in Baxter's story, without the greens-
keeper’s knowledge. He tried to link up
Baxter and Witter, suspecting a conspir-
acy. Their alibis seemed a little too airtight.
But McCord found he could only go so far
without tipping his hand, so he decided to
bide his time.

On Tuesday things started to break. Two
policemen, Jesse Williams and Stephen
Hadley, brought one Amos Morgan to Mc-
Cord’s office and left him to tell his story.
He was a sheet-metal worker, out of a job,
but recently had been offered a curious
type of work.

“One of the guys I see around,” Morgan
said, “heard | wasn’t working and proposi-
tioned me about sticking up the country
club. I drink--and I don’t like work—but
I'm no crook.”

“Who was the man?”

“Tom Penney, a nice enough guy, but an
operator. Always he’s got an angle.”

Checkiny, on Penney, McCord found he

wan the nusfit son of a well-to-do family,

a man in his early 30s who had done time
for armed robbery and auto theft. He was
now on parole. Ascevtaining from Morgan
that Penney frequented bars, he ordered
the man picked up on a technical charge
of parole violation. Penney’s fingerprints
were rushed to Maupin and his photo
pulled from the files. But after a half-
day’s search, he could not be found, and
McCord sent out a bulletin on him.

Meanwhile, news had reached headquar-
ters that a two-tone car had been sold by a
Louisville Buick ayeney to a nightelab
owner named Robert Il. Anderson, who
ran The Cat and the Fiddle Club. Checking
through police bulletins, Detective Sellers
found a report emanating from Louisville
that Anderson had reported his car stolen
on Saturday night.

“Tf we can connect Penney with that car,”
McCord told Hoskins, “we're in. Another
thing—I want you to find out somehow if
Baxter knows Penney. Maybe Penney made
the same proposition to him. I’ve got a
hunch Baxter is tied into this thing some-
how.”

McCord got Penney’s picture and record
readied, and had copies made which he dis-
tributed to haif a dozen patrol police and
detectives. A similar assortment was sent
to Chief Price and Sheriff Thompson for
distribution amonst their men. Armed with
the photos, the Officers started a quest
among all the gin-mills, taverns, hotels and
pawnshops in and around Louisville and
Lexington for the missing Penney.

Almost a week went by in which only
failures were reported; McCord could get
nothing on Baxter, or establish a link be-
tween him and Penney. Maupin was unable
to match Penney’s prints to those found in
the Miley apartment. The police failed to
locate nightclub owner Anderson’s car.

But on October 5th a woman in a tavern
just down the road from Lombardi’s rec-
ognized the picture a detective held before
her, “I remember him,” she told the ofli-
cer. “He was here _let’s see—” she began
tallying on her fingers—‘just a week ago.
The twenty-cighth of September. I was
outside talking to my boy friend when he
drove up in a fancy car.”

“What kind?”

“It looked like a candy box, it was so
slick, Blue and yray 1 think it was a
Buick.” The detective questioned her fur-
ther and soon wits convineed it was a
Buick, and she went on to say that the
man had quite a few drinks there and told
people at the bar he was heading west.
“Then after a while a friend of his came in
and he gave him some money—the friend
was a sleepy looking guy with a long thin
nose, real tan like he was out in the sun a
lot.”

The detective rushed back to McCord
after taking the woman’s name and im-
mediately the patrol chief sent out a bul-
letin to police in states west of Kentucky
asking them to intensify their search for the
two-tone Buick mentioned in previous bul-
letins. He added a thorough description of
Penney.

Three days later the bulletin paid off.
Fort Worth, Texas, detectives Theron
Brooks and Ed Smith caught Penney when
he tried to make a getaway after being ap-
prehended in a local tavern. Held by Po-
lice Chief Carl Howard on suspicion 0
murder, Penney was picked up two days
later by Police Chief Price and Sheriff
Thompson and brought back to Lexington.
They drove back in the two-tone Buick
which, when searched, revealed several
loose cartridges which matched the slugs
discovered in the murder room by Maupin
and Hoskins. After that, Penney confessed.

“You'd never have got me,” growled Pen-
ney, “if I wasn’t double-crossed.”

“You mean the woman who saw you at
the tavern before you left the state?”

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87


mond Baxter.
», “That’s all.”
erybody who
-ver can tell.”
cott gave him

‘stigator Wal-
Guy Maupin,
office, showed
n’s own crack
irrigan, joined
scene of the
on.
ind both bed-
| in like man-
switches. In
with a thread
ind behind a
-ed as though
ight.
; were found,
.utomatic was
near the door
‘ked, Coroner
Miley’s body
rn trip of the
o the apart-
his hand and

liley’s body,”
o slugs, ac-
I saw Mrs.
er wounds—
igger bullet.

went right

He thought
‘construction
» was shot as
he door was
arks in the

his fingers.

He walked
‘the blankets,
it .38 bullets
y’s body.

‘ce .38 slugs,
. button off
adetermined
might send

npson, Price
the first of
s “Skeeter”
y-eyed man
>rvously.

vegan, “let’s
ound eight.
laying golf
yed late, so

vay!” thun-
i the ques-
sleep in the

to act as

. “Yeah, I

Signature of parolce-killer is witnessed by (1. to r.) Thompson, Howard, Price and (r.) Gravith, ID man

me. At least, Mrs. Miley never said nothing.” He shook
his head slowly, clenching and unclenching his thin hands.
“Pd give anything if I’d of stayed.”

Thompson told Baxter to go on, and the greenskeeper
said that he had gone to his family’s house for the night
after a few drinks at a tavern on Concord Street and
returned to the caddy house at daylight. He had to be
on hand for the week-end golfers who generally started
at dawn, but who had been held up today by the weather
and the wildfire news of the murder.

It took only two phone calls by Chief Price to corrob-
orate Baxter’s alibi, that he had been in bed by 1:30 a.m.
and so the greenskeeper, visibly affected by Marion’s
death, was released after some routine questions.

One of them was a query regarding his impressions of
Danny Witter, the new cook, and Baxter said one signifi-
cant thing: “Danny’s a swell guy and he would never
harm no one. But—well, he’s married and he’s got kids—
but he’s always borrowing dough because he goes broke
chasing women. That’s why he took this extra job—he’s
the regular short-order cook at Lombardi’s late at night.”

Lombardi’s was a roadhouse a dozen miles down the
road toward Danville. Price phoned there and spoke to
the proprietor who said that Witter had had last night off.
When the chief reported this, the officers exchanged sig-
nificant glances, but Prescott went to bat for the cook.
“Witter came to me thoroughly recommended, and Mrs.
Miley liked him very much. He worked in other clubs
in the state and as far as I could find out, there’s never
been a complaint of any kind against him.”

Thompson shrugged. “There’s always a first time. It
may not mean a thing, but he’s worth checking after what
Baxter said about his penchant for women.”

Meanwhile detectives had brought in the part-time
waiters who had worked the club the night before. As
Prescott had said, most of them were youths from the
neighborhood and they were quickly checked for their
alibis. Price was familiar with one of them who had
landed in the Lexington jail a number of times on charges
of disturbing the peace, but this boy’s alibi had staunch
support from his family.

All of them were fingerprinted. The officers were not
taking alibis simply at their sworn value; a wide search
might have to be made to match the prints identification
expert Maupin had discovered in the murder room.

Maupin left for the Identification Bureau laboratory
with his clues, while Kirkpatrick was briefed on the re-
sults of the interrogation of the club attendants. Lieu-
tenants Hoskins and Harrigan were assigned to hunt up
Danny Witter, whose whereabouts Price had been unable
to discover after relays of phone calls made by his head-
quarters. Witter had not been seen at any of his usual
rendezvous since 9 o’clock the previous evening.

Rounding out their immediate investigation, the police
officers waited until the reports came in from detectives
assigned to canvassing the neighborhood and searching
the ground around the clubhouse for footprints. It had
been a fruitless search; no one had seen or heard anything
and apparently the bandits had driven up by car and
entered through an unlatched window on the veranda.
This would reveal no footprints, since the drive was ‘of
gravel and the veranda of flagstone. ;

The officers decided to return to their respective head-
quarters and at the risk ‘of overlapping, which might,
however, prove effective in the end, they decided to carry
on separate investigations. (Continued on page 86)

2)

in Letidtecmersseroe simmons :SNNAbHA Rd NN NGRA OM et BD a

i * "i ESTE a ap 9 Sr eS | ‘
i; 36K. 106 SOUTH WESTERN REPORTER, 2d SERIES HINES y. PULASKI COUNTY BOARD OF EDUCATION Ky. — 87 dee
166 S.W.2d 37 | 3

amined the transcript and find no instance admonishing the jury.” We are not point-

Bepyerresstteiereee erect i

of recessing (and there were several) when
the court failed to give the admonition.
The particular objection to the alleged ac-
tion of the jury, after submission was
brought to the attention of the court by
affidavit in support of a motion to discharge
the jury, which points out that upon sub-
mission, about 9 p. m. the jury was placed
in charge of the sheriff; at 11:30 the judge
left the court room and instructed the sher-
iff to call him if the jury reached a ver-
dict; that the jury was kept together in
the courthouse until 10:30 the next day;
that in the meantime the sheriff had taken

ed to any provision of the Code or Statute,
which would require admonition under the
circumstances, and the state of the record.
There appears no objection to the testimony
of Penney and others, who said they had
been in the prison with Anderson; further-
more we find Anderson, in his admitted
and relied on statement, saying that he first
met Penney in the penitentiary at Frank-
fort.

[8] The final contention is that the
court erred in failing to instruct the jury
that if appellant committed the act charged

dence was a matter for the jury. As to
the alibi, such a defense, arising on the plea
of not guilty, is only complete and effec-
tive if the jury is satisfied from reasonable
and credible evidence that the appellant was
at such a point distant from the scene of
action as to have made his participation in
the crime in some manner impossible.
Where the evidence conflicts, the measure
and weight is for the consideration of the
jury. Whether or not an alibi has been
established to their satisfaction was for its
determination,

We have given this case, as we do in all

3. Schools and school districts €=159!
Where, after county board of education
had abolished all school subdistricts, pupil,
as directed by county board of education,
presented himself at a school less than two
miles from pupil’s residence and teacher of
such school refused pupil admission, and
board thereupon permitted pupil to attend
another school six miles from pupil’s resi-
dence, it was duty of board under the stat-
ute requiring furnishing of free transpor-
tation to pupils who do not live within
“reasonable walking distance” of a school,
to furnish pupil with free transportation

them to breakfast and they then returned eee ay any taper death cases, the closest attention. Appel- to the latter school. K.R.S. 158.110, ‘ |
ib hk Zcrene Pe when wha bad — guilty, this based on the established rule lant was represented by able counsel, and 160.070, 160.290. ¢ |
chute Sled aihdae® in WERE fe recounted where no eye-witnesses were present, we are justified in expressing the opinion Sce Words and Phrases, Permanent i |
that the case was submitted as stated, and and there i# evidence‘of a struggie, the that the court used his best endeavors in Edition, for all other definitions of >
that he kept the jury continuously together J" hemes Se Rivet the whet law of the sceing that he was accorded an impartial “Reasonable Walking Distance”. 4
. Bs ae jury ‘afd - s b case. The rule can hardly be resorted to trial as we view the record, which is free ‘ A
ane Sree BO COmnnincaier tO Or ey under the facts of this case, The term fro tending t ejudice the a) ' 3
any member. That the jury slept in the « : ” : m any error tendimg to .presudice «) ;
eye-witnesses” does not necessarily mean substantial rights of the accused. The pen- os : if < |
courthouse where beds were prepared for one who obtains knowledge of an act nie ade SOT tne eee. P Appeal from Circuit Court, Pulaski F | * |
them in one room; that he did take them 4 htt evok sucie-at One wh alty inflicted is severe, but does not meas- County; J. S. Sandusky, Judge. ei |
irough the sense of sight alone. One who ure up in severity to the results growing . rt :

to breakfast the next morning where they
were all seated together; following the
meal they were taken to the courthouse.

the circumstances constitute error. Bow-
man v. Com., 284 Ky. 103, 143 S.W.2d 1051,
and York v. Com., 285 Ky. 492, 148 S.W.2d
337.

[7] Counsel does not discuss ground
(5) to any length; it is merely said with
relation to the testimony of several wit-
nesses, that Anderson had been an inmate
of the penitentiary, “We believe the testi-
mony was very damaging and prejudicial
to appellant, and that the court erred in not

is able to identify a person by his voice,
with which he is familiar, and who could
not recognize the person on account of ab-

the rule that one is not entitled to an in-
struction on self-defense unless the evi-
dence authorizes it, and it must not be over-
looked that Anderson relied solely upon
his alibi.

[11,12] In conclusion it was insisted
that the proof supporting Penney’s incrim-
inating evidence, should be greatly dis-
counted because of his conflicting state-
ments, particularly since appellant proved
a complete alibi. Any discounting of evi-

out of formulated plans to rob, followed
by robbery, and the commission of the hor-

tance of school is “mandatory” as to ele-
mentary grades. KRS 158.110.
See Words and Phrases, Termanent
Falition, for all other definitions of
“Mandatory”.

2. Schools and school districts G=154

Under broad powers delegated to
county board of education by statute,
board, not pupil, has right to determine

which school pupil shall attend. K.R.S.
169,290,

‘Action by Hoover Hines, by his next
friend and father, Lloyd Hines, against

der authority of section 160.070 K.R.S.
(section 4399-6, Carroll’s Kentucky Stat-
utes). But for the purpose of assigning the
students of the district to enrollment in the

various schools maintained by it, the board .

retained the division lines of the former
subdistricts; and, in the year 1941, entered
an order requiring students in the former
Burdine Valley district to attend the Bur-
dine Valley school and those students Iiv-
ing in certain other former subdistricts to
attend the Shopville consolidated school.

we

pile . ‘cri i Pulaski County Board of Education and i
he officer says he at all times scrupulously : . : rible crime detailed. ‘a : yt
4 sence of light, may be in law an eye-wit- | others for an injunction. Judgmeat for Re
; ‘ udgment affirmed. The whole Court Junction. § inf
: followed <i orders of the court. ness. Bowlin v. Com., 195 Ky. 600, 242 S. sitting. defendants, and plaintiff appeals. ig =
: The agit contention ghee to gen: W. 604. : Reversed. if -
the jury had opportunity to disregard the : i ij
4 ate : , : ; -
admonition of the court. It is not pointed £9; 10) Pegney ee we: al —— and w B,J: methane of Semper at, Ine age | \
out wherein they did so, either by separa- Purposes Ast eye-witness, ‘wind from ris ve © § KEY NUMBER SYSTEM lant. ee
: tion or conversation with others or among dence it could hardly be conceived that ei- T J. S. Cooper, of Somerset, for appellees. | ]
: : ; ther the mother or daughter had placed ac- |
‘ themselves, or received evidence outside the ; a ne ae !
: cused in a position where he had to kill in o4 i
ih portals of the court. : : VAN SANT, Commissioner.
Ea order to save himself from bodily harm. ; : : |
i (5,6] There is a total lack of showing We could hardly prostitute the principles 202 Ky. 100 bo areca er 4 boats ay = |
thi : : ee : : ages euler NTs on behalf of several other students of the 2.
a3 of anything that occurred, during trial of . 6¢ criminal hw by hobding artar 40 Tale re HINES v. PULASKI COUNTY BOARD OF  cjementary grades of the Shopville Pulaski i
4 after submission insofar as actions of the spect; up to this time we have refused to ary § it the Shopy u tx
5 . ‘ : ‘ : : EDUCATION et al. County school, seeking injunctive relief to ee
fy jury was concerned, which would in any- do so, certainly in cases where there is “ Pulaski o J Board of Ed ie
° wise constitute prejudicial error, We may shown a previous preparation to go forth Court of Appeals. of Kentucky. aps abt = the Besoin ey men) oe os f bale
refer to the recent case of Burnam v. Com., armed with the purpose of and commit- Nov. 17, 1942. nes and its employees = sae x
: 289 Ky, 312, 158 S.W.2d 131, citing others, ting robbery where a homicide follows. transportation to him and the students he
in which we held that in order to constitute Keller v. Com., 230 Ky. 815, 20 S.W.2d 998, '!. Schools and school districts C=159!4 represents from their respective homes to
: reversible error there must have been and citations, and the general principle an- The statute requiring county board of the school and return.
< shown some act, or such a clear violation nounced in McGee v. Com., 246 Ky. 445, 55 education to furnish free transportation for _ In the year 1935, the school board abol-
f of the court’s admonition, as would under S.W.2d 382, 386, wherein we adhered to children not within reasonable walking dis- ished all subdistricts in its jurisdiction un- 4


+
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20 Ky. 166 SOUTH WESTERN
ed, as there was no one there but the old
lady.” Appellant said that he afterward
talked to Tom Lunsford, and he agreed
to join in the enterprise, but later declined.
He corroborates Penney.

Referring to his confession and reiterat-
ing certain statements thercin, he said
that he had talked with some man who in-
quired “what he was doing,” and who sug-
gested that he go to Louisville to see Bob
Anderson who might have something for
him to do. Appellant knew Anderson,
and had at some prior time talked with
him about a place to store some whiskey.
IIe later saw Anderson; told him of the
Lexington Clubhouse proposition, and he
agreed to take part. Penney and Ander-
son left Louisville in Anderson’s car about
8:30 p. m. (27th), each driving a portion
of the way. Reaching Lexington about
11 p. m., they drove out to the place where
Baxter worked. They failed to find him
and drove to “Ma” Gabbard’s place (road-
house) where they located him, and _ all
three parties got in the car and_ talked
about the proposed robbery. Baxter said
there had been a good crowd that night
and it was a good night to go out. The
three rode around in Anderson’s car;
visited another roadhouse, then back into
Lexington where they stopped at a drug-
store and got a flashlight. (A clerk tes-
tified that some man, at about 1:30 a. m,
September 28, bought a flashlight; he
identified him as Anderson.)

Later Baxter left the two and agreed
to meet them at the Club grounds at two
o'clock. When they arrived Baxter was
not around, but came up about twenty
minutes later, The Anderson car was
parked inside the grounds, a short dis-
tance from the gate, and Baxter pulled
in back of them, got out of his car and
told the two to follow him; they stopped
near the clubhouse and Baxter then Icft
to take some people to the pump house,
and in a short while came back, walking.
(Oscar Givens testifies as to the trip with
Baxter from the Club grounds to pump
house, and as to Baxter’s going to the
Buick car and talking to some one he did
not know.) One of the two asked Bax-
ter whether the telephone wires had been
cut; Baxter was supposed to have cut
them, but he plead lack of opportunity.
The three went around the building look-
ing for the place where the wires came
in, but could not locate them, Baxter,
with his flashlight, pointed out the room

REPORTER, 2d SERIES

where Mrs. Miley slept. He. was also
to have Had a key to a rear door, but had
failed in this respect, so, one or the other,
Anderson or Baxter, removed a_ screen
and Penney, with some assistance, got in
through the window, unlocked the rear
door and Anderson came in; Penney sup-
posed that Baxter Icft.

The two went to a door at the top of
the steps and found it locked. They heard
a car and saw lights, and both left and
went to the driving range to find Bax-
ter and located him. They were to mect
him at this place after they had accom-
plished the robbery. They told Baxter
of their difficulties and he agreed to go
back and “look things over again”; he
came back shortly and said everything was
all right and Icft. The two got out of
the car, leaving the door open; Ander-
son said “wait,” and went back to the car
and got two guns and gave Penney an au-
tomatic pistol. They went in through the
kitchen; Anderson got an “iron piece of
some kind,” and a screwdriver, which he
gave to Penney, and Anderson wrapped
the iron piece in a towel, which he used
in breaking the panel of the stair door,
reaching in and unlocking it. Before they
entered the apartment Penney thought he
heard some one call out, “Who’s there?”
Just after they entered the door Penney
says he was knocked down; he could not
tell who or what had struck him as it
was dark. Some one grabbed him around
the neck; in struggling to get up the pistol
was fired, the “flame going toward the
floor.”

Me says that then “everything broke
loose; there was lots of shooting, scuffling,
screaming and hollering,” all up the hall-
way, from the point where he was knocked
down. Penncy then went up to the room at
the end of the hall and saw Anderson
jerking the telephone out of a woman’s
hands. The woman was telling Anderson
that the money was in the drawer. He
(Penney) went to the dresser, opened a
drawer and “grabbed out two ten dollar
bills and a check for five dollars.” About
this time a light came on from the outside,
“like a car light,” and Penney said to An-
derson, “Let’s get out of here; we left and
got away as quick as we could,” and Ander-
son drove back to Louisville.

When Penney made his first statement
to the officers he refused or failed to tell
correctly what had become of the pistols
they had on the night of the homicide. He

PENNEY vy. COMMONWEALTH Ky. 91
166 S.W.2d 18

said that they were thrown into the river.
The officer suggested that an examination
would disclose whether or not the pistol
handed him (Penney) had been used in kill-
ing any one. He later took the officers
to the place where they were buried, in
or near Shawnee Park in Louisville. They
also disposed of a purse or brown bag in
a storm sewer in Louisville. This had ap-
parently contained some money, as it ap-
pears in a division Penney received $59
as his portion. After the guns were re-
covered, officer Maupin told Penney that
if he had held the “shiney gun” it was not
one which had caused cither death. (This
was, as indicated supra, stipulated).

It developed that Penney had been con-
victed once for grand larceny; again for
assault with intent to rob; that he had be-
come acquainted with Anderson while both
were in the penitentiary. That previous to
the plans to rob the clubhouse he had dis-
cussed with Anderson another Lexington
robbery. He also said that Mrs. Miley was
the woman from whom Anderson jerked
the telephone as she was sitting on the side
of the bed; that when he (Penney) Ieft
her room and went down the hall he stepped
around the body of the other lady, but he
didn’t know she was shot; just thought she
was knocked out. He admitted that he had
blood on his coat, and two buttons were
torn from his coat.

Penney learned from the papers that
Marion Miley was dead and the mother was
in a desperate condition. He then went up
and talked to Anderson and they thought
the Anderson car should be gotten rid of in
some manner, and it was agreed that Pen-
ney should dispose of it, and he drove it
to Fort Worth, and this car led to his ar-
rest. Penney agreed that no promise of
immunity or mercy had been made him.

The foregoing is the material substance
of the testimony, omitting many details
contained in the evidence and confession,
reference to many exhibits showing plat
of premises, broken or removed screen,
the pistols, numerous photographs, etc.,
which may be of pertinence on one or the
other appeals.

{1] There were cight or more grounds
sct up in motion for a new trial, but in a
well prepared and vigorous brief counsel
have insisted on only three alleged errors,
which they say were substantial and worked
to the prejudice of the accused, they being:
(1) Prejudicial error in overruling motion
for a continuance. (2) In denying a new

trial, when it was developed that the mem-
bers of the jury were allowed to read news-
papers during the trial which contained
news items about the trial, unfavorable and
prejudicial to the substantial rights of the
accused. (3) Error “in refusing to grant
appellant a new trial on the ground of the
testimony of G. W. Maupin, and his con-
stant reference to blood and because of the
testimony in evidence,” which we construe
to mean that the court admitted incompe-
tent or irrelevent evidence over counsel’s
objections, and generally, by way of “con-
clusion,” argument to the effect that the
punishment inflicted was too severe, be-
cause Penney in making his voluntary con-
fession had assisted the officers in making
investigations, incriminatory in nature, as
to Anderson and Baxter, taking the position
that if a new trial should be granted appel-
lant would stand a chance of having a trial
free from any bias or prejudice, arising
from a gencral feeling of horror at the
brutality of the crime, and from the effects,
if any, of the two preceding trials. This
appeal must be weighed by us, as it was no
doubt by the trial judge, solely in the light
of the proceedings as shown by the record.

[2] Appellant’s motion for continuance
was based on the ground that much feeling
had been engendered during the previous
wecks, or days, during which Anderson and
Baxter had been found guilty and sen-
tenced to death. There does not appear in
the transcript any showing that there ex-
isted at the time of Penncy’s trial any un-
due excitement or feeling against him.
There was no motion for change of venue,
or to have a jury summoned from another
county. The jury was selected from a spe-
cial venire of 200 qualified jurors, the order
for the venire having been consented to by
appellant.

In commenting in his written opinion in
overruling the motion, the court said that
the defendant had fairly testified in both
the former trials, and the jury was request-
ed on his trial to give consideration to this
fact, and remarked that in view of the fact
that Penney had admitted his connection
with the robbery and homicide, it was diffi-
cult to perceive how there could be preju-
dice toward him by being tried at this time
rather than some later date, since on his
trial there would be brought out facts with
reference to the former trials of Penney’s
co-defendants, and the jury trying him
could hardly be unaware of the verdict ip
the former cases.


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18 Ky. 166 SOUTIL WESTERN REPORTER, 2d SERIES

292 Ky. 193

6. Criminal law €>1036(1)
PENNEY v. COMMONWEALTH.

In murder prosecution, permitting offi-
cer who made investigation to make fre-
quent references to blood, and bloody con-
dition found in apartment where homicide
occurred, was not error requiring reversal
where it was not claimed that the officer
!. Criminal law C@Itl4(t) made any misstatement in his descrip-

Appeal from conviction for murder tion or exaggerated the scene which he
was required to be weighed solely in the found, and the record did not contain

light of the proceedings as shown by the timely objection to the testimony.
record.

Court of Appeals of Kentucky,
Oct. 23, 1942,

Rehearing Denied Dee. 18, 1942,

7. Criminal law @=404(4)
2. Criminal law ¢=591 In murder prosecution, introduction

In murder prosecution, denying mo- Of blood-stained garments was not er-
tion for continuance based on ground that TOF, since it was competent to show facts
much feeling had been engendered dur- Which could not help but illustrate the
ing prior trials of two others involved in ¢normity of the crime.
the crime was not error where record did
not show that there existed at the time of In murder prosecution, argument of
defendant’s trial any undue excitement or aes .

. . P commonwealth’s attorney that defendant
fecling against him, and there was no had blood on his hands was not prejudi-
—— for change ot iets oF to have cial error, where record showed no ob-
Jury summoned from another county. jection thereto and the attorney’s state-
ment was a figure of speech.

8. Criminal law €=1037(1)

3. Criminal law €=586

The trial court has a diseretion

. ; , M9, Criminal law €>1159(5)
ruling on a motion for continuance,

Conviction for murder could not be
4. Criminal law ¢>1176 reversed on theory that death penalty was
: . too severe because defendant made a vol-
In murder prosecution, denial of new os . ; :
; ; untary confession and assisted in solution
trial sought because newspapers contain- : ous
: : ; of the crime and conviction of codefend-
ing news items about the trial allegedly : : .
et : ; ants, since the jurors were the final arbi-
prejudicial to the substantial rights of aoe
the accused, and disclosing that codefend- .
. —_>__—.
ants had been convicted and sentenced to
death were found in jury room, was not

lh ; Appeal from Circuit Court, Fayette
prejudicial error, where it w

: as not shown County; Chester D. Adams, Judge.
that any juror had read the articles and rT P icted of
in examination of accused it was developed om *cnney was convicted of murder,

that both codefendants had been tried, and he appeals.
found guilty and received death sentence. Affirmed.

Cr.Code Prac. § 272. William B. Martin, of Lexington, John
5. Criminal law ¢=957(5) A. Fulton, of Frankfort, and Charles Wy-
In murder prosecution, where defend- lie, of Lexington, for appellant.
ant sought new trial because jurors had Hubert Meredith, Atty. Gen., and W.
possession of newspapers which told of Owen Keller, Asst. Atty. Gen., for appel-
progress of trial and made reference to !ee.
penaltics meted to codefendants who had
been previously convicted, the fact that | MORRIS, Commissioner.
jurors were permitted to say that they had In the carly morning of Sunday, Sep-
not read the newspaper articles was not tember 28, 1941, J. M. Giles, owner of a
error, since the jurors were not exam- sanitarium in Fayette County, one-fourth
ined to “impeach” the verdict in violation mile from the Lexington Country Club-
of statute. Cr.Code Prac. § 272. house, was aroused by the ringing of his
See Words and Phrases, Permanent doorbell. When he opened the door a
Edition, for all other definitions of woman clad in her night clothes fell into
“Impeach”, the hallway. Her night clothing was

PENNEY vy. COMMONWEALTH Ky. 19
166 S.W.2d 18 :
i king reversal on
i {rs. appeal to this court, as
blood. The woman was \V t ‘ion
agg matron at the clubhouse, the grounds some of which beter pil
thes of Marion Miley for whose mur- mon, but in several instanc
d Ray- nature.

‘r appellant, Robert Anderson an 5
a . ibeice ace indicted, convicted and Due chiefly to the fact that Pen y
it ced to death made a confession implicating ie gow
es a8 i ke up his case first, thu

i i that her panions, we take up
i eS iti ing his version of the plans laid for,
i arious condition, getting his ,
wee Sgr! " oes a toed aid. She and the consummation of the ig RS
pat tales to ge hospital where she died ney was unable to employ ra ay hero
witl < mg hears without making any court appointed —— of the Lexing
aa sent him.
statements relating to the tragedy. When _ bar to represe Sa he
off ' s and neighbors went to the club- At the outset it was stipuls oo
: as following the appearance of Mrs. ney did not fire a shot =o eS

Miley at the sanitarium, they encountered struck either Mrs. ad — nine

whi a : : vi
i ler. After introduction of e

: of disturbance and disor f ( -
There were indications that persons had proved the corpus delicti, sagen apt i
‘ntered the building through a door to occurrences at the —— aan
ne Kaban and to that part of the build- ough description of ae ee seni
ing occupied by Mrs. Miley and daughter. clubhouse, og eat y ee hesaet
' i i i artmen
T to their of the Police Depa , ;
ot ee ee i hat Penney had made a confession,

eepi F had been smashed in, out tha y on

and the orunent was in great disorder. which had been reduced to .
sahara s bod as found in the read to and signed by apn =

i a w i a hea a
Marion Miley’s body bedroom and ‘the point, at request of ——. S og a
hallway between her be ttered had in the Judge’s chambers for taped
mother’s room; the latter was spa : pose of giving accused opportunity to ¢
with blood. The telephone had been amine the statement, and for the court to
ripped from gonnecsions Ge. bed ee ascertain if it had been obtained in viola-
blood soaked, and there was much confu- “

1 ¢ tion of our anti-sweating act.
: ” : rea :
sion, The episode naturally caused g : : and simple;
ductal’ pa vigorous investigation by ‘This proceeding ee gee ‘a ee.
a 's at once set in motion; for a accused said that be. bs yrom-
iseagt oescig Se baffled, and were so ment voluntarily, — rien rg se
time officer ’ : ; : he wanted a)
: ise; that it was “a
after a boy, who delivered papers in the es + at this time.’ The statement was
neighborhood of the Club, gave them a a ene "d nd read to the jury by the
chic by describing to them an automobile ani uce act ase Dooney. wis
i ommonwes :
he rked near the clubhouse in ‘ : and we
is oe radian of the tragedy. Noth- introduced as a — scapes tee
the ear I 7 TO .
ee ptr from this clue until panic have eget rs nas niad the preparation
7 d been arrested mony, sy . ,
sees — gh pee an automo- for the robbery, eee sare reels
in For orth xa an 4 : . rez and the hor
hile reported as stolen, and which tallied with deadly weapons a a
with A a car described by Cramer, the Accused, thirty-two years _ ni es
. . ; i in Lexington for eighteen years.
Lexington newsboy. lived in : dine. ont
pokey in Fort Worth, admitted com- He was a a care ee gies
plicity in ‘the crime, and implicated Ander- of employment. Be peas Sine in Ae
son, and later Baxter, who were thereafter for one — eg ee es Sauber
arrested. On October 27, 1941, the grand gust, . pnts if he knew where he
jury returned a true bill charging the had asked se skill cx ihc Gans: wad
three with the murder of Marion Miley; might get bape Cc ear Club and appel-
the indictment in seven counts covered working at the a _ opening Bax-
every phase of the crime of homicide, and ee : end aioe vers ae chet Hasek
= s " ter to iT ¢ ’

: spiracy. Separate trials were had, ee tS
Nuslad ade to trial on December 15th; was a “lot of moncy out a ga ca
aXe 3 - 1 é
Anderson on December the 12th, and Pen- easy; that there be ek a Site Hans,
ney on December the 18th, with the re- who slept there, wi . illow, and there
sult that each was found guilty and sen- sand dollars ee ee ae there and
Saanee to death. Judgment was entered was nothing to do but a cecis he bed

in accordance and each has prosecuted pick up the money; no gt


rey

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166 SOUTIT WESTERN REPORTER, 24d SERIES

[3] We agree with the court’s expressed ed to prove. It gave the names of the
views and in the absence of a showing of jurors, and referred to the fact that Pen-
prejudice or feeling, occasioned by the fact ney had made a confession setting out
that Anderson and Baxter had been found briefly what it contained. In other words
guilty and sentenced or otherwise, we are the news item was what one would expect
not justified in ruling that the court erred in reporting progress of a trial for a crime
in overruling the motion. Counsel admit- which had drawn more than the ordinary
ting the court has a discretion in ruling on general public interest. The portion which
such motions insist that there was a palpa-_ is subjected to complaint is that which re-
ble abuse of discretion, citing us to no au- cited the fact that Anderson, owner of a
thority save Smith v. Com., 42 S.W. 1138, Louisville night club, who had claimed ali-
19 Ky.Law Rep. 1073, which states the rule bi, and Baxter, who testified that he was
to be that this court will interfere where at the time under the influence of drugs
there has been abuse of discretion. In could not remember what had happened,
Carsons v. Com., 243 Ky. 1, 47 S.W.2d 997. were convicted and sentenced to death,
(citing numerous prior opinions), we held
it to be a rule that sentiment or prejudice
against the accused, at the time of the trial,

due to his wrongful acts, did not authorize
Ths : i “4. for settin i i
continuance until sentiment or prejudice g aside the verdict, unless the

atileides::. This case ts.réferred.do-in Deboe defendant is prejudiced thereby, insist that
v. Com. 257 Ky. 792, 79 S.W.2d 236, this court should conclude that the read-
though neither of the two presents the me i? the aaa ag prepadieial. The
same situation as to recent former trials eecmblbeas oe. sry tan contarnting on this
and their result, though we can see no pronase, remarked that the affidavit was in-
difference, particularly in absence of show- eae" mae cat PF Pty: BOT ras
ingot gukiedice duc sa the fant: there affirmative testimony showing that
any one of the jurors had read the article,
[4] It argued that appellant’s rights and further that the Commonwealth had
were prejudiced because the jurors had filed the affidavits of all jurors to the effect
newspapers which told of the progress of that they had not read it, one juror admit-
the trial, making reference to the penalties ting that he read the headlines. The head-
meted to Anderson and Baxter. This lines read: “Thomas O. Penney placed
ground was supported by affidavit of coun- OM trial for life as third participant in
sel, stating in substance that immediately Miley slaying,” this in bold-faced type.
after the jury had returned its verdict The court could not see “how the jury was
“afliants saw some papers in the jury room © be prejudiced by the article when they
in which the jury had been deliberating, “id not read it,” and we agree. The ref-
* * * and that at that time a deputy ¢tence to the verdicts in the Anderson [An-
sheriff was standing at the entrance to “erson v. Com, Ky., 166 S.W.2d 30 and
the room and had the room barred to the Baxter [Baxter v. Com., Ky., 166 S.W.2d
public, and these affiants called the atten- 2+] cases contained in the news arti-
tion of the officer to several newspapers Cle was not news to the jury, because in
located in said room, and he and affiants the examination of Penney it was devel-
went into the room and examined two news- OPed that both had been tried, found guilty
papers, both of which contained the articles aNd received death sentences.
mentioned in defendant’s grounds for a new
trial.”

Counsel admitting “that the reading of
a newspaper by a juror,” during the prog-
ress of the trial is not sufficient grounds

[5] Counsel lay great stress on the
as fact that the jurors were permitted (in er-

Ihe two papers were issues of the Cin- ror) to say they had not read the news-
cinnati Enquirer of Thursday, December papers, and cite § 272 of the Criminal Code
18, 1941, the date upon which verdict was of Practice, and annotated cases, constru-
returned. The article dated at Lexington, ing and giving application to the section
December 17 (A. P. communication), re- which prohibits the examination of a juror
cited that Penney had gone to trial on that “to establish a ground for a new trial,” ex-
day; it spoke of the stipulation that Pen- cept it be for the purpose of showing that
ney had not fired a shot, but would be pro- the verdict was reached by lot. The jurors
ceeded against as being guilty of aiding or here were not examined to impeach the
abetting. It quoted from the opening state- verdict. The distinction may be noted by
ment of the prosecuting officer, in which reference to Bowling v. Com., 285 Ky. 133
he had stated what the prosecution expect- 147 S.W.2d 73. ;

PENNEY v. COMMONWEALTH Ky. 23
166 S.W.2d 18

is that the but as the court found, displayed with the
sole purpose of inflaming the minds of the
jurors. McKay v. State, 90 Neb. 63, 132
N.W. 741, 39 L.R.A.,N.S., 714, Ann.Cas.
1913B, 1034. Counsel overlooks the fact
that in this case the appellant was con-
the Commonwealth’s attorney in argument victed under correct ston ipmeee a =
had said that the appellant “had blood on charge of aiding and sate FS the mur
his hands,” and by the introduction of der of Miss Miley, and as such was a prin-
ood stained garments. It was a bloody cipal under our statute.
affair. An examination of the body of It was, therefore, competent to show
Marion Miley developed that one bullet had facts which could not but help illustrate the
entered the top of her head on the right, enormity of the crime. The tragedy and its
passing out the left check below the car; story was written in terms of blood, in
another entered her back near the spine, describing which, softer words could not
coming out over the left breast. There well have been employed. The situation
was a bruise on the bridge of her nose, existing was brought about by the acts of
another on the left knee. The bloody appellant; he was responsible for the con-
condition of Mrs. Miley’s garments when ditions found.
she appeared at the sanitarium door was [8] The alleged statement of the prose-
described by the owner without objection. cuting attorney was a figure of speech.
Maupin’s description of the scene at the It may be that appellant did not have blood
apartment, from _ observations made at on his hands, but there was blood on his
640 a. m., following the homicide, and clothing and shoes, due as he said to his
his identification of articles in exhibit on presence in the Miley apartment. The
trial, were in minute detail. There were court in his opinion indicates that there
references to “blood” and “pools of blooc was no objection in this respect. Inspec-
‘hough it is not claimed that Maupin made tion of the record verifies this statement.
iny misstatements in his description, or
‘saggerated the scene which he found.
Ilis description, as far as the record shows, :
was accurate, and the photographs showing contrary to the evidence. The tenor
the conditions, particularly of Mrs. Miley’s that due to the fact that appellant con-
room, do not belie the oral testimony. fessed, and (admittedly) assisted the Com-
Tt can hardly be conceived that the Mau- monwealth in solving the a a suey
pin testimony had any more damaging ef- should not have inflicted the eee ast
fect on the jury than Penney’s testimony, ishment. _Were we to agree = ibe
when he says “Everything then broke clusion, it would not permi Pas Skis
loose; there was shooting, scuffling, scream- verse the judgment. The ee y _
ing and hollering.’ We need not pursue admitted acts brought himself into
the discussion further, since we fail to find predicament.
hy reference to the record that timely ob- A survey of the record manifests no er-
sections were made to the testimony re- ror which would authorize the granting
lating to the situation, except to the in- of a new trial. His trial was fair i the is-
troduction of pictures or other exhibits. sue was submitted to a jury under instruc-
We do note that counsel says that the court tions which are not subjected to com-
sua sponte suggested to Maupin not to plaint. The Commonwealth fairly agreed
make too many references to blood. We that Penney did not fire a shot, though he
also note that the court did not allow a de- was armed. The jury, the final arbiters,
scription of Mrs. Miley’s body, which, aS no doubt considered this fact and his aid,
epicted in this and another of the cases, but under the proof could not see their
showed a bloody condition. way clear to Naan a 4 Fe a
Ae he ase With Baxter, initiated, and with hi
ieee 3 Ve ee sinh co-deferidant, consummated a crime which

i é melioration.
where bloody garments were “flaunted be- did not call for a tee ;
fore the jury,” which in no way tended to Judgment affirmed. The whole cour

connect the defendant with the homicide, _ sitting.

[6] The final contention
iury was biased or inflamed to some extent,
hecause Maupin, the officer who made
the investigation, had made frequent ref-
erences to “blood” and the “bloody condi-
tion” found in the Miley apartment; that

[9] Taken as a whole, it is not, nor

could it be argued that the verdict was
is,


ae

«

By John L. Bowen
Special Investigator for
ACTUAL DETECTIVE STORIES

HE sight that greeted the sleep-

befogged eyes of S. B. Crouch gal-

vanized him into action. A woman,
barefoot, attired only in a sheer night-
gown splattered with blood, almost fell
into his arms.

“Help me! Help me!” she sobbed.
“And help Marion, she’s shot!”

He had opened the door of the Ben-
Mar Sanitarium in answer to the feeble
knocking on the wood panel. The sani-
tarium was just across Paris Pike and a
hundred yards south of the exclusive
Lexington Country Club. At first he
had thought the early morning wind
was playing tricks with the screen
door. But when the feeble knocking
persisted he decided to investigate.

Crouch could see that the woman
was badly injured as he half carried
her to a chair. Then he turned on a
light.

“Why, Mrs. Miley!” he almost
shouted as he recognized his neighbor,
Mrs. Elsie Miley, manager of the coun-
try club adjoining his grounds. “What’s
happened? You’re hurt.”

“Two men—shot me—and shot—
Marion—” The woman slipped from
the chair in a merciful faint.

Crouch carried her to a divan, made
the injured woman as comfortable as
he could and reached for the tele-
phone.

It was approximately 4:43 a.m. that
morning of September 28, 1941, when
he reached the Fayette County Patrol
Headquarters at the courthouse in
downtown Lexington, Kentucky.

“Elsie Miley is at my place in a ter-
ribly bloody condition,” he told the
patrolman who answered. “She says
that two men shot her and Marion at
the Country Club.”

Marion Miley shot? Marion Miley,
the nationally known and popular golf
champion? Headquarters was instantly
thrown into an uproar. In a few min-
utes the loud roar of a high-powered
automobile could be heard as it sped
out of Lexington.

County Patrolmen Doyle and Mann
raced to the sanitarium. It was ablaze
with lights. Crouch met them at the
door and ushered them into a recep-
tion-room. Propped up now in a rock-
ing-chair was a bloody, disheveled wo-
man whom Doyle and Mann recognized
at once as Mrs. Miley. Her graying
dark hair tumbled about her drawn,
white face. Her eyes were filmy with
terror. Her hands pressed her abdomen
as though she were in unspeakable
agony.

At the sight of Doyle and Mann,
Mrs. Miley pulled herself erect. In
short, jerky breaths she said: “Hurry
to the clubhouse . . . Marion’s there

... She’s hurt . . . she’s on the floor,
They shot her.” :

Marion Miley, interna-
tional golf champion,
brutally slain for no
apparent reason at the
exclusive country club

Sek20

“Who do you mean by they?” Doyle
asked.

Mrs. Miley motioned to Doyle and
Mann to bend low. When they did so,
she gasped out a story that made the
officers’ blood run cold.

Sometime after she had retired about
1:30, following the Club’s regular Sat-
urday night dance, Mrs. Miley said, she
was awakened by a crashing noise at
the doorway leading to the apartment
hall. Leaping from her bed, Mrs. Miley
flipped the light switch on the wall
near the door. It clicked dully; no light
followed. Drowsily she stepped into
the hall. She felt a sharp blow on her
head and stumbled back into the room.
Someone, she knew, followed her. And
then she felt more blows, one after
another, from a blunt object wrapped
in a cloth. .

S SHE fell backward onto the bed

hideous flames pierced the dark-
ness. Mrs. Miley felt three distinctly
separate shots tear through her abdo-
men. In that horrifying moment she
saw two masked men in the doorway,
one tall and wearing a gray suit, the
other short and wearing a dark suit.

“Where’s the money from the
dance?” the short man growled.

“In there,” Mrs. Miley said, pointing
to a closet.

Instantly the short man rushed to the
closet. He reached up to a shelf and
clutched two cloth money bags placed
there by Mrs. Miley just before she
retired.

The men whirled and rushed from
the room. “I don’t know just what
happened then,” Mrs. Miley said tear-
fully, “except that Marion—”

Fred Miley, father and husband
of victims, could give police no .
reason for the wanton killings

AD—8

“+ (Executions Stared AUTOLAM:
Anderson Denies Guilt folast = ™

EDDYVILLE, Ky., Feb. 26 (Friday)—(AP)—Three men
convicted for the slaying of Marion Miley, 27-year-eld Lexing-
ton, Ky., golf star, died in the electric chair at the state peni-
tentlary here early today. Reesor

The executions were started at 1:01 o’clock with Robert
H. Anderson, 37, former Louisville cafe operator; Tom C. Pen-
ney, 33, former Lexington carpenter, and Raymond S. Bexter,~ ..
28, of Lexington, dying in that order. Baxter was pronounced —
dead at 1;33a.m 0 : : :

-| > ‘They were followed to the chair by Ernest Trent, 27, con-
victed of killing Hiram Smith, a Breathitt county constable.
Trent entered the chamber at 1:36 and was pronounced dead at 1:42.

‘ _ Anderson, who late yesterday was denied a stay of execution by the |
Kentucky Court of Appeals and Gov. Keen Johnson, maintained his in-. =f
nocence to the last. : tg nt Bates
' “Gentlemen, the only thing I can say {is that I'm innocent of what
|} T’ve Been charged with,” he declared ss three attendants strapped him
in the chair. He was chewing gum and smoking a cigarette as he entered
the room, and shook hands with Warden W. Jesse Buchanan. |
: He kicked off his tan prisod shoes just before the current was turned
on at 1:05. He waspronounced dead five minutes later, 4

Penney entered the death chamber at 1:14 and when asked by War- stl =
3 den Buchanan if he had anything to say, he replied, “I want you to pee
a : publish my closing statement.” — | sia 5 Se Bid
_Penney’s Statement fis oo a ce |
In his office after the executions, ape ig : aol
Buchanan explained to newsmen; ge an icf
that Penney referred to a statement i : SORETRS cise
he msde to him (Buchanan) last) ; ete ee i
Jan. 23 in which he implicated An- : = Speier!
_|derson In the slaying of Miss Miley ee atime Load
in a $130 robbery at the Lexington ee: : 3} a die
Country Club, Sept..28, 1841, in
| which Miss Miley's mother, Mra
| Elsie Ego Miley, was wounded fa-
_-l tally. He told the warden that he
wanted to make the statement at
that time so thet he would not have
ee to make it at the time of his execu-

, tion, Buchanan said.
“Bob Anderson was with me at

43

Zé


‘rs. Miley’s chin sagged. Doyle,
med, lifted it gently and pushed
woman’s head back against the
r. He saw that she was on the
k of a coma.
Jon’t worry, Mrs. Miley,” he said.
st relax now and try to sleep.”
1e woman let her hands fall away
1 her abdomen, The others shud-
d at the three irregularly spaced
s in her nightgown. :
‘hey shot me,” Mrs. Miley moaned.
on’t know why. It was all so ter-
. I could see them in the light of
lames from the guns. Both of them
: masked. When they’d gone out
door, I heard more shots. I don’t
v how long I lay on the bed. When
mbled into the hall I saw Marion
{on the floor. Somehow I got to
‘anitarium here.”
o to the Clubhouse,” Doyle said
fann. “See what’s happened. I’ll
here and have Mrs. Miley moved
e hospital. I’ll join you later.”
‘gil Mann flew out the door. Offi-
. P, Lacy had driven up, and he
d Mann. When they reached the
and silent clubhouse, Mann dis-
ed that all lights were out.
nn and Lacy walked around the
ouse twice, trying all doors, with-
nding one open. Eventually they
to the small service door at the
west corner of the building. It
ajar and they entered. Standing
e landing inside, Mann observed
me set of stairs led to the base-
the other to the kitchen. He and
made their way through the
2 and the downstairs ballroom to
‘ont stairway leading to the Miley
ment.

am of the Miley living quar-.
right, in the distinctive and
<y country clubhouse, below

Mann paused at the second floor
landing before a door swinging open
into a narrow corridor.

“Here’s what made the crashing
noise Mrs. Miley heard,” Lacy whis-
pered, shoving.a lighted match through
a broken panel above the knob. “The
killers broke it to get into the hall.
That’s Mrs. Miley’s bedroom at the
right. The bath is the next room down
the corridor.’ Marion’s room is the
farthest north.” ;

Mann inched his way down the

Mrs. Fred Miley: She didn’t live
long enough to give police a com-
plete account of the shooting

hall. Between the bath and the door

to the room at the north he froze in

his tracks as the. toe of his shoe kicked

into something soft and yielding.
“Lacy! Come here!”

[ acy stumbled forward, holding a
match in front of his face. In the
ghostly illumination he and Mann
stared at the object which Mann had
kicked. It was the slender, sprawling
body of a brown-haired girl in silk
pajamas. She lay face down near the
wall between the bath and the back
~ oe ge in a pool of thickly congealing
blood.


MiUui suid, & Wittiwy
(Centinved Frem Pace i)

‘night if he had anything to say.
Penney first said “I have a lot to

_Itsay.”’ and then sald he had nothing
{to say. He paced his cell nervous-

Warden Buchanan said he under-
stood that Anderson stated Thurs-
day that Stewart was not the third
man in the Miley case, but did not
elaborate on the statement.

The Rev. A. M. Parrish, Paducah
Baptist minister, who said last
prayers for Anderson Thursday
night, declared the Loulsville man
told him that Stewart had no
to do with the slaying and ad
that he was clearing Stewart's
name because of his relatives. :

Judge Chester D. Adams of the

ton, in denying Anderson's motion
for a new trial, had said he thought
Penney told the truth when he
named Anderson as his ce
at the latter's trial and poln out
that Stewart, a cripple, was

gl ime a En an in

ville penitentiary
The Rev. Mr. Parrish, the Rev.

Fayette Circuit Court in Lexing- .

Conspired Te Inaplicate Stewart

The werden said Penney told him ©

that he ana Anderson conspired to
implicate Stewart while they were
in the Lexington jail prior to their
transfer here Feb. 12, 1942, and
that Anderson knew at the time
that Stewart was deed.

Buchanan, who had refused to di-

vulge Penney's statement, which |

was told to him as confidential,
until after the execution, told news-

“men that he was making it public

now only at Penney’s request.
_° “Gambled With His Seul”

“Penney told me he had gam-
bled with his soul,” the warden
said, “by making that statement
(about Stewart), and he wanted to
get it off-his chest.”

Penney's body was removed from
the chair at 1:22 a. m. four
minutes later Baxter was ted. ,

Baxter's Statement

Looking toward the ministers in
the room, Baxter said: “Gentlemen,
I want to thank you for coming
down to eg me. You have done
all you coukd. I am going home to
Jesus and I want all of you to come
with me.” He was muttering a pray-
er, in unison with one of the min-
isters, as the hood was placed over
his head. ie
| Thirty persons, including physi-
clans, attendants, ministers and
were in the room

t

sie
ie

523
rH
:
i
i

FES
:
it
RE
ja
$
By

|

|
1
|


ives about a
; folks, I be-
avis, a cook,

it two more
s and Baxter,
Yicials again
e what prog-
ietectives and

1, Miley’s body
oved to the
jin, his ruddy
nt expression,
anty of finger-
id in the hall.”
9”
ert held out a
ses and several
yere fired from
he explained.
automatic, the
tomatic. Both
and we found
ne bedclothing,
yassing through
ie officer pro-
ns and added,
id these. They
ose from one of
iy the struggle.”
kins added, pro-
4 sash-weight,
iley was struck

s that the two
rion’s body ex-
” Captain Har-
‘he wounds show
vhich means they
eighteen inches.”

TRUE DETECTIV?

Long before dawn, word of the tragic
murder and near-murder was flashed
over radio and teletype, to every police
department in Kentucky and surround-
ing states. The national prominence of
the popular victim, coupled with the
vicious nature of the crime, spurred
officials to an intensity of effort that
left no room for thoughts of failure.

“Those men have to be caught if ave
have to work night and day for the next
year,” Chief Price said with quiet de-
termination. It was a sentiment echoed
wholeheartedly by Sheriff Thompson
and Chief McCord. Together the three
men comprised a formidable team and
trom the outset they went to work as a
single unit with a solitary purpose.

Fred Miley, husband of the injured
club manager and father of the slain
girl, arrived in Lexington early Sunday
morning. A golf professional at Cin-
cinnati’s exclusive Maketewah Country
Club, he was deeply shocked, his face
pale and haggard. “I told the girls
time and again that they needed a night
watchman out there,” he stated. “We
talked about that only last week-end,
when I saw them. They both laughed
at me. Elsa said they had a whistle
and that all she had to do was blow it
once and the greens-keeper or Harris
would hear it.”

The broad-shouldered and graying
golf professional, under whose tutelage
his only child had soared to national
golfing fame, was given a sedative and

taken to a downtown hotel for some
much needed rest.

Before quitting the country club,
Chief McCord, Sheriff Thompson and
Chief Price questioned “Skeeter” Bax-

_ ter, John Harris and Percy Thomas at

ocroper, 1942

The bedroom door
is taken off its
hinges and thor-
oughly gone over
for fingerprints

The hunt becomes {
nationwide when |

alert officers in
Fort Worth, Texas,
find the missin
two-tone Buic

Fayette County Patrol Chief McCord Lj

and Detective Joe Hoskins hurry to
the club. Here they examine a
pool of blood where Marion fell

Hoskins points to the bloodstains
in Mrs. Miley's bedroom. Officers
as well as the public are so

aroused that soon every resource (|
of the state is employed to track
down the men guilty of the crime


length. All three men were found at
their homes by the county officers
assigned to round them up. They were
grilled separately, Baxter being the
first to face his tense-faced inquisitors.

The greens-keeper was a slim, blond
young man in his early thirties. He had
pale blue eyes and a gaunt, sunburned
face. In response to questions he
asserted that he had worked for Mrs.
Miley for nearly a year and that he
occasionally spent his nights at home
with his parents.

“We understand that Mrs. Miley
‘earried a whistle—and that she. was
supposed to blow it for your benefit if
she needed help,” Price informed him.

Baxter’s eyes were moist. “That’s
right,” he admitted. “T usually sleep
in a little house out near the links. But
last night, as luck would have it, I went
home to my folks’ place.”

The deputies who brought Baxter to
the clubhouse verified this assertion.
“We got him out of bed and his folks
say he got home around one-thirty,”
one of them reported.

Asked if he had seen suspicious
characters prowling about the grounds
recently, Baxter replied in the negative.
He appeared genuinely depressed by
the tragedy and he said, “Next to my
own mother Mrs. Miley was the nicest
to me. She always paid me well and
seemed interested in how I was getting
along.”

Percy Thomas, the head waiter, was
then questioned. The three stern-faced
officers demanded an account of his

This man, captured in Fort Worth,
signs a confession, watched by
Fingerprint Expert F. Gravitt

activities the previous night, “What
time,” McCord asked, “did you leave
the clubhouse?”

“About one-fifteen,” the man said
promptly. “Just a few minutes after the
dance ended. My work was done.”

“Where was Mrs. Miley when you
left?”

“In the lounge I believe. I didn’t
speak to her.”

“Who élse was in the building?”

The man hesitated the fraction of a
second, and then he said, “John Harris
and Elmer Davis, I think. They were
in the kitchen.” ~.

“where did you go after leaving the
club?”

“Directly to my home in Lexington.”

Like the others, Thomas was then
fingerprinted.

Harris was the next man questioned.
Drawling and slow-moving, the club
handyman wore a heavy frown as he
confronted officers. ‘I’m kind of on the
spot and I know it,” he admitted can-
didly. “I was probably the last man,

outside of the murderers, to see Mrs.

we |

Miley and Marion. Davis left the
kitchen just ahead of me and I turned
out the lights when I left.”

“Did you go directly to your caddy
house?”

“No, sir. I have a little house in
Lexington and I spent the night there
with my wife.” After a moment he
added, “My guess is that somebody who
knew that Baxter and I go home week-
ends engineered this job.”

Sheriff Thompson suddenly produced
the heavy, iron sash-weight found by
detectives in Mrs. Miley’s room. “Ever
see this before?” he asked.

Harris’ eyes widened. “Of course,”
he said promptly. “We use that in the
kitchen to hold down covers.”

“Was it there when you left last

night?”
“Ves “sirg: 1 remember seeing it on
the window ledge.”

The three officials were impressed by
his candor, and he, too, was released
after being fingerprinted.

The remaining club employee, Elmer
Davis, was questioned briefly and then,

like the
further c!
On Suni
the city,
departme:
task of «
under was
the two !
tailors anc
prietors,
statement
conduct of
house dan:
recalling
one of th:
light, Chi
Harrigan
vass of «
flashlights
all the dri
hardware
gested, “/
in town c!
-—especia!
matics.”
Early ‘
mer, a
with a ri
at Chief
said, “I tl
derers dr«
“How’s
“Well,”
up there
paper ea)
three car:
Ordinari}>
two—Ma
sedan. B
and I nm
driver’s :
Recalli
manager’

I cl elites acne na 1 eee

The Mile
help. PY

left the
d I turned

your caddy

» house in
ight there
noment he
iebody who
iome week-

y produced
it found by
om, “Ever

Of course,”
that in the

tu left last
seeing it on

npressed by
vas released

oyee, Elmer
fly and then,

like the others, released pending a
further check on his activities.

On Sunday, every available officer in
the city, county patrol and _ sheriffs’
departments was called to duty, and the
task of checking tips and clues got
under way. One team of detectives took
the two brown buttons to Lexington
tailors and cleaning-establishment pro-
prietors, while others checked the
statements of club employees and the
conduct of every attendant at the club-
house dance the preceding night. And,
recalling Mrs. Miley’s statement that
one of the killers had carried a flash-
light, Chief Price ordered Detectives
Harrigan and Hoskins to make a can-
vass of every store in town where
flashlights were sold. ‘You can check
all the drug stores today and catch the
hardware stores tomorrow,” he sug-
gested. “Also, I want every pawnshop
in town checked for the sale of firearms
—especially .32 and .38 caliber auto-
matics.”

Early Sunday afternoon Hugh Cra-
mer, a seventeen-year-old newsboy
with a rural route, presented himself
at Chief McCord’s office. “Chief,” he
said, “I think I saw the car those mur-
derers drove to the country club.”

“How’s that?” asked McCord. -

“Well,” Cramer continued, “I drove
up there with Mrs. Miley’s Sunday
paper early that morning and I saw
three cars parked at the west entrance.
Ordinarily there should have been just
two—Marion’s coupé and Mrs. Miley’s
sedan. But there was a third one there,
and I noticed that the door on the
driver’s side was open.”

Recalling that the clock in the club
manager’s bedroom had stopped at

two-nineteen, McCord asked, “What
time was it when you reached the club?”

“Around two-twenty,” the bay re-
sponded. |

“At that rate,” the officer! said
thoughtfully, “they must have been in
the apartment at the time. Tell me,
what kind of car did you see?”

“It was a 1941 Buick sedan, painted
a two-tone, blue-gray.”

“Did you notice the license plates?”

“No, sir.”

Word of the newsboy’s disclosure was
flashed to authorities in adjacent cities
by radio and teletype. “Be on the
lookout for two men driving a 1941
Buick painted a two-tone, blue-gray,”
the message requested. Within a matter
of hours it was taken up by newspapers
and commercial radio stations and the
search spread to all parts of the United
States.

By late Sunday virtually all of the
persons who attended the clubhouse
party Saturday night had been finger-
printed and eliminated as suspects.
Those of the club employees also failed
to yield a matching print. However,
some of the fingerprints obtained by
Maupin were found to be those of police
officers and the slain girl herself.

™@ LATE THAT night Captain Harrigan
reported, ‘“‘We’ve checked a lot of
drug stores but we haven’t found one
that sold a flashlight Saturday.”
“Well, get at it again first thing in
the morning,” Price replied. ‘“Thjs case
has got to be solved.” He dis layed
telegrams he had received from Gov-
ernor Keen Johnson and United States
Senator A. B. “Happy” Chandler, re-
questing that everything possible be

done to expedite the apprehension of
the killers.

“How’s Mrs. Miley?” Hoskins asked.

Price shook his head. ‘Her chances
are slim,” he replied. ‘“She’s been un-
conscious all day.”

Monday morning a druggist, Oscar
Givens, a clerk at Hutchinson’s drug
store, was questioned regarding the sale
of flashlights. He brightened imme-
diately and said, “Why, I sold one late
Saturday night—to a little fellow
driving a big sedan.”

“Did you ever see him before?” Har-
rigan asked.

“No, sir. He was a stranger. I re-
member he drove up near the closing
hour and stopped outside. He came in
and said, ‘I want to buy a flashlight.’ I
showed him one and he bought it and
went out. He was a little guy, a snappy
dresser, and he wore his hat way back
on his head.”

“What kind of car did he drive?”

The druggist shook his head. “I can’t
say,” he replied. “I didn’t notice.”

“Was he alone?”

“Tt can’t answer that either,” Givens
replied. A feeble clue, it was, but the
two officers carefully recorded details of
the druggist’s story—just in case.

Despite every effort, however, a can-
vass of local cleaning establishments
and tailors failed to disclose any gar-
ment with missing buttons similar to
those found at the scene of the crime.
Nor was there any record of sales of
firearms, the same make and caliber as
the death-dealing automatics used upon
Mrs. Miley and her daughter.

Early Tuesday, Patrolmen Jesse
Williams and Stanley Hadley volun-
teered a tip. (Continued on page 79)

1 SOS ah SRATATNTEMRRIE


pneu-
*hooo—

, 1 quite
id-deck

I think
ec were
o blow.
ne and
1 to get
uy and
.¢ gives
he’s a
- of the
who I
ilesman
.eaning,
clear!’”
erest in
I am

w. You
ur shirt.

iis head.
the very
straight
fill. But
ird this
ip. And
King of
just as I
le. Sol
1em with
ifter the
>» and go
ind gives
ae drink.

~ Key

z it’s
ves, and
e lucky-
ler in or
» I climb
ige, ‘Man

»e Weiss-
ve works

» see the
.e a grab
awhile I
‘sn’t look
ms to be
t as fast
harks.”

Diamond
as well.

yn, swal-
then they

for me.
p’s doctor
o putting
first aid.
the card

own and
ng to my

ers gives
The next
neck. So
, it. The
\| follow
vet back
ind those
\quacade
that they
resist the

of hearts
ssn’t even
ay, ‘never
. but Iam
:00—pneu-

f Evil
Bluff!

© DETECTIVE

Murder of the Golf Champion

(Continued from page 45) “A friend of
ours who knows Tom Lunsford told us
Tom knew a fellow who wanted him to
knock off the country club a month ago,”
Hadley declared.

Chief Price was interested. “And who
is Lunsford?” he asked.

“A young fellow who lives at 128
Georgetown Street with his wife and
little girl. He’s been a sheet-metal worker
for a local roofing company for fourteen
years. He’s absolutely okay.”

“Who does he say propositioned him?”

“A fellow named Tom Penney.”

The Police Chief frowned. Penney, he
recalled, was an ex-convict. He had
served time for auto theft in 1926 and
five years later he received a twenty-
year term in the State Penitentiary at
LaGrange after wounding a grocery store
clerk in a local holdup. He was now on
parole. He was the black sheep member
of a good, local family. His brothers, a
sister and his widowed mother still lived
in Lexington.

An order for Penney’s arrest went out
at once, and Identification Expert Maupin
got out the ex-convict’s record and com-
pared his prints with those found on the
floor._and walls of the murder. apartment.

@ PENNEY, HOWEVER, had vanished.

“He hasn’t been seen by his family or
friends for two weeks,” Detectives Sellers
and Leach reported.

“Did you uncover any leads?” Chief
Price asked.

“Well,” Sellers said, “some of his friends
claim he went to Newport—seems he has
a girl friend there.”

To the disappointment of all officers,
Maupin reported that Penney’s fingerprints
failed to match any of those found at the
country club.

After a hasty conference it was de-
cided that Chief McCord, accompanied by
Detectives Leach and Sellers, should go
to Newport and try to locate the suspect.
The three officers had barely departed
when Chief Price received a telegram
from Georgia authorities suggesting that
Forrest Turner, a former Lexingtonian,
and Slim Scarborough, two escaped con-
victs with lorfg records, might have com-
mitted the country club atrocity. The
bandits had been roaming the country
now for two.months—since their escape
from a chain gang.

Chief Price showed the telegram to
Sheriff Thompson and remarked, “Lee
Turner is a local boy. And maybe he
came back here to pay us a visit.”

“Seems to me he was quite a golfer,
too,” the Sheriff recalled. “I know he
hung around the club a lot as a caddy,
when he was a boy. That was before he
went south and organized a stickup mob.”

A widespread search for the fugitive
convicts was launched and officers through-
out Kentucky were advised to be on the
lookout for the local boy who went south
and became a “hot-shot” criminal.

Wednesday morning pretty Marion Miley
was laid to rest after receiving the last
rites of the Roman Catholic Church. Hun-
dreds of friends and sympathizers crowded
into the church and later joined in the
funeral procession.

Fred Miley drove directly from the
cemetery to his wife’s bedside. Eight
hours later she died.

The following day John S. Yellman,
Secretary-Treasurer of the Lexington
Country Club, offered a reward of $3,000
for information leading to the arrest of
the Miley slayers.

Meanwhile from distant Louisville there
came the first real intimation of the

ocroner, 1942

lowrfership of the automobile used by the
killers. State highway patrol officials re-
ported that a local night club operator,
Robert H. Anderson, thirty-six, owner of
the Cat and Fiddle Club, had reported the
theft of his 1941 two-tone, blue-gray
Buick sedan on the evening of September
28th.

“Apparently the killers stole the car in
Louisville, drove directly here, bought a
flashlight at Hutchinson’s store, and then
drove out to the club,” Chief Price stated.
He at once telephoned Chief of Detectives
James Malone at Louisville and secured
additional details. “Anderson claims his
car was driven away from in front of his
night club,” Malone reported. “License
number is 1P04.”

Close on the heels of the important
Louisville disclosure came word from
Newport, where Chief McCord and De-
tectives Leach and Sellers were hard at
work trying to pick up the trail of Tom
Penney. Ina telephone conversation with
Chief Price, McCord reported, “Penney
was here a couple of days ago, but he has
disappeared and his friends think he’s
headed for Louisville.”

What had at first looked like a prom-
ising lead collapsed with the arrival of
a telegram from: Georgia authorities
stating that Lee Turner and Slim Scar-
borough had been recaptured, The two
convicts had been trapped by officers on
a narrow, backwoods road and surren-
dered without firing a shot. Both ad-
mitted they had staged a series of stickups
in southern Georgia and northern Florida
but denied going to Kentucky. However,
pending a checkup of their stories,
Georgia authorities sent along a package
containing weapons found in their poses-
sion. ‘These, as with the fingerprints
previously checked, failed to link them
with the double murder and they were
eliminated as suspects.

@ THE SEARCH now turned to Louisville.

Lexington Detectives Joseph Harrigan
and Joseph Hoskins were at once dis-
patched to that city. There Chief Malone
assigned Detective Joseph A. Conders to
work with them and the three officers be-
gan a systematic canvass of pawnshops,
cleaning establishments and tailor shops.
In addition, they questioned Robert An-
derson, operator of the Cat and Fiddle
night club, regarding the theft, of his car.
The dapper impresario was ‘unable, how-
ever, to offer any tangible lead. “I keep
the car parked out in front of my place,
and I suppose most anybody could have
taken it,” he declared.

While the search for Tom Penney and
the two-tone stolen Buick became nation-
wide, officials continued their searching
inquiry into the characters and activities
of country club attachés. Known crimi-
nals in and about Lexington were also
carefully investigated. In addition, they
questioned roadhouse operators on Paris
Pike, in the hope that one of them might
have seen two men driving a car answer~-
ing the description of the one the mur-
derers were known to possess. And, nearly
a week following the crime, information
strengthening this theory was discovered.

Mrs. Sallie “Ma” Gabbard, operator of
“Ma’s Place,” a roadhouse on the Lees-
town Pike, not far from the country club,
readily recalled seeing a tall, lean young
man and a short, pudgy companion in her
place on the night of the slaying. “They
drove up here in a big, two-tone, blue-
gray job—I don’t know what make it was

—and they each had a couple of drinks,”2)
she recalled. :
Mrs. Gabbard made a partial identifi-

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“until we’ve had the lab men and photographers here.
We want that desk gone over for prints—and the lamp
switch and end-table too. Since there was a fight, it
might be that the killers left some hair around too that
would be useful.”

The room was sealed off and the officers went down-

stairs.

Daylight had broken and Thompson sent his detectives
out to inquire around the neighborhood if. any cars had
been seen, or persons spotted, going to or leaving the
club grounds after the dance crowd had departed. Others
were assigned to examine the grounds around all windows
and entrances for footprints. Price, Thompson and Mc-
Cord then huddled in one of the lounges to talk things
over.

“The crooks appeared to know exactly what they were
after,” Price said. “According to Mrs. Miley they got to
the drawer where the cash box was kept—and it’s the
only place they seem to have looked.”

“Which means an inside job,” McCord said. “Who can
tell us about the employees?”

“Bill Prescott, I think,” Price said. “He’s one of the
club officials. Most of the attendants Saturday nights are

Mrs. Elsa Miley, 50-year-old manager of the
swanky country club, screamed—and died; own-
er of nightclub (/.) was arrested by Lt. Hoskins

Coroner Kerr was able to give a quick
report on the cause of Marion Miley’s death.
She had been shot twice, once in the back
and once in the head. It was the head wound
that killed her. ‘

The room was a shambles, and as Officer
Doyle repeated to Chief Price the account
of the burglary given by Mrs. Miley, the
police officers ‘and detectives were able to
reconstruct pretty well what had happened.

“The girl must have put up a terrific strug-
gle,” Price said, noting her bruises and torn
nightgown. “After the shots awakened her,
Miss Miley must have really torn into those

” He knelt beside the dead girl and
examined her body. “She took several terrific
wallops on the side of her face and her
knuckles are skinned from the fight.”

Price turned to the coroner. “There’s blood
on her fingernails. When they do the autopsy
have ’em look for flesh-scrapings under her
nails.” He got up and walked back into the
room where detectives were carefully exam-
ining the floor for buttons or clothing frag-
ments that might have been torn off in the
fight. Price consulted with Thompson and
McCord a moment, then called the detec-
tives off.

“Let's not touch a thing,” he told the men,


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MARAT:

T WAS ON the back nine of the final round of the m
Women’s Western Open Golf Championship that the ~
good-looking young woman exploded into action. Three le

strokes down to her opponent at the tenth, Marion Miley o:
slammed, chipped and birdied her way out of what seemed 7
certain defeat and fired a 73 to win the Open. p

“The gal was colossal,” wrote one sports reporter. “It a
took cool, calm courage for Miss Miley to overcome her tc
deficit, but she had what it took when the blue chips were uM
down. Seeing that pretty, but grimly determined face, “
you knew she’d rather die than give up.”

A year later Marion Miley was to prove how uncannily s

accurate the: reporter’s estimate of her character was.
Especially with regard to his last sentence. r
It happened on the night of September 27th, this test of te
courage which made a golf championship seem trivial by !
the air that night as the t
weekly dance at the Lexington Country Club got going xv
slowly, slipped into strident high gear, and faded out as }
the Kentucky belles and their beaus departed for home.

contrast. There was music in

Then the musicians left, followed by

attendants, until at last, in the sprawling colonial club- a"
house surrounded by dark trees and misty terraces, two

women were left all alone.

Mrs. Elsa Miley was checking up after the departed ‘
guests. A handsome woman in her late 40s, she was the :

Hall of the country club where murd
night is studied by Chief McCord

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manager of the Lexington Country Club,

the and she checked through the dance floor,
ree lounges, and cloak rooms to make sure no
ley one had left any valuables behind. There
ned were the usual assortment of forgotten com-
” pacts and lighters, she found, and she made
“It a pile of these on the table near the staircase
her to take up to her apartment later. Then she
ere went around and closed all the doors and
ce, windows,
|! Twice she paused and - listened, thinking
ily she heard a strange noise. It was nothing,
yas. she decided at last, and went upstairs to her
. room, As she came to the door of her daugh-
of ter Marion’s bedroom, she looked in and saw
by that the girl was sleeping soundly. Closing
the the door, which opened onto a living room
ing which the two women shared, she crossed to
as her bedroom, undressed and got in bed.
ne. But that same eerie sound occurred again.
lub The wind through a broken window, perhaps,
ib- or one of the French doors might have blown
wo open. Irritated, she got up and threw a robe
around her. Just as she reached the door
ted she heard a crash. She yanked at the knob
the and darted into the living room. Suddenly

a lamp flicked on, and in the pale light she
saw two masked men. Then her eyes were
ne drawn downward by the glint of the guns
ins they held in their hands.

untry Club

BY ERIC GREYWOOD

THE PRETTY CHAMP BATTLED
TO OVERCOME A .38

CALIBER HANDICAP AND LOST

Marion Miley’s ls«!-minute surge copped the Women’s Western
Open title, earned news comment: “she'd rather die than tive up”


FF ei

“Not a sound, lady,” one of them said hoarsely.

But the sound that fear had produced inside her was
already out: a shrill high scream that shattered the still-
ness of the house. In the same instant the taller of the
masked men reacted with a curse. He fired three quick
shots into her stomach. Mrs. Miley stopped screaming,
slumped to the floor, and lay there groaning.

“No,” whispered the smaller man. “You shouldna
done—”

The door opened behind him. He whirled and saw the
white face of Marion, ghostly in the dim light as she
stood in her open doorway in her nightgown. She looked
wildly around, unmindful of the guns trained on her,
trying to figure things out. Then she saw her mother
lying on the rug.

She moved fast. Rage took hold of her and she grabbed
for a bookend from a table near the door, hurled it at
the small man. ;

“Hold it, lady, or I shoot!” said the tall one.

An ashtray narrowly missed his head and he ducked.
The tall man moved quickly on Marion’s follow-through,
slapped her across the side of the head with his gun-butt.
She fell sideways, got to one knee, lunged at him as the
short one grabbed her.

“I like my dames with spirit,” laughed the tall one as
his confederate grappled with Marion.

“Get the dough!” panted the other.

The tall man went to the desk in the corner and went

through the drawers. In the bottom drawer he found
what he was looking for.

“Okay—I got the cash.box,” he yelled. “Slug her and .

let’s get out!”

They both turned to run. The short man chopped at
the back of Marion’s head with his free hand. He broke
her grip on him and made for the door as his pal disap-
peared into the corridor. But once again Marion hurled
herself at him, got a grip on the pocket of his jacket.

“Let go!” he yelled, ding at her with the butt of
his pistol. But he couldn’t shake her. He pointed the
gun at her and pulled the trigger. She still held on. He
fired again. —

Then her fingers relaxed and slowly, her face a white
mask, she fell to her knees, pitched forward on her face
on the rug. The burglar turned and stumbled out of the
room. Not quite out, Marion made one last effort and
crawled after him, but in the hall outside she collapsed.
A little while later Mrs.-Miley regained consciousness
and got to her feet. Painfully she clutched her side and
staggered outside. Seeing her daughter, she knelt down
and felt for a pulse. There was still a slight beat. She
made a desperate effort, then, in spite of her own agon-
izing pain; half-stumbled, half-crept downstairs and tele-
phoned Fayette County Patrol Headquarters, a short way
down the road in Lexington, Mantucky. :

The police noted her call as received at 5:37 a.m., Sun-
day, September 28th.

Twenty minutes later a patrol car ground
to a stop in the gravel driveway and Officers
Virgil Mann and Johnny Doyle ran inside
and found Mrs. Miley writhing on the floor.
She waved them away as they bent over her,
and pointed feebly upstairs.

“The ambulance should be along in a min-
ute,” Doyle said, and ran upstairs. A minute
later he came slowly down, and listened as
Mrs. Miley explained what had happened.
Then the ambulance was heard coming up
the drive. The interne came in.

“Your daughter’s quite weak—we can’t
move her for a while,” the ambulance in-
terne said after he had been upstairs. “But
she'll be all right.” Relieved, Mrs. Miley
closed her eyes, and the ambulance attend-
ants took her out on a stretcher.

The interne turned to Doyle. “The girl’s
dead. I’ll rush Mrs. Miley to St. Joseph’s
woe ag back after the coroner’s seen the
girl.”

He went outside and came back a moment
later, “Mrs, Miley’s conscious again—wants
you to notify her husband—says you'll find
the information in the telephone table down-
stairs.” Then he was gone and the ambulance
went off. °

Immediately, Doyle found a telephone ad-
dress book containing the address of Fred
Miley, a golf pro, and when he called Lex-
ington Police Chief Austin Price he passed
on the information after reporting the death
of Marion Miley.

Chief Price soon arrived in his car and a
cavalcade of squad cars followed up the
drive. With Price was Coroner J. Hervey
Kerr, and in the other cars were County
Patrol Chief Will McCord, Sheriff Ernest
Thompson and a number of county detectives.

Killers’ suspected getaway car gets going over
for possible clues to murder from Chief Karl
Howard, Ed Smith, Theron Brooks (I. to r.)

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ot . 166 SOUTI] WESTERN REPORTER, 2d SERIES

292 Ky. 204
BAXTER v. COMMONWEALTH,

Court of Appeals of Kentucky,
Oct. 23, 1942.

Rehearing Denied Dec. 18, 1942.

{. Criminal law €=59(5)

Under an indictment for conspiracy ta
commit robbery and evidence that armed
robbery developed as the consequence of
agreement which defendant set in motion,
and that murder was committed in the rob-
bery, defendant might have been convicted
as an “aider or abettor” who under Ken-
tucky law is a “principal”. Ky.St. § 1128.

See Words and Phrases, Permanent

Edition, for all other definitions of
“Aider or Abettor” and “Principal”,

2. Conspiracy €=45

Where evidence in prosecution for con-
spiracy to commit robbery which resulted
in murder showed that defendant suggested
idea of robbery and assisted in carrying it
into effect with weapons, defendant was as
much responsible for murder as the one
who fired weapon, and if in proving corpus
delicti, describing the scene or exhibiting
photographs it became necessary to show
enormity and usclessness of crime of mur-
der, defendant could not complain, as long
as testimony truly depicted the circum-
stances.

3. Criminal law C>1169(1)

In prosecution for conspiracy to com-
mit robbery which resulted in murder, per-
mitting an investigating officer to go into
a detailed account of what he found in mak-
ing investigation, including description of
premises on morning following homicide,
was not prejudicial, where there was no
claim that officer’s descriptions were not
accurate or that he misstated any fact.

4. Criminal law © 742(1)

Whether evidence offered in prosecu-
tion for conspiracy to commit robbery
which resulted in murder was true was
solely for consideration of jury.

5. Conspiracy €=47
While “conspiracy” may not be estab-
lished on suspicion or merely by proof of
suspicious acts, it may be proven by circum-
stances, where they are such as to be so un-
equivocal and incriminating as to remove
reasonable doubt of innocence.
See Words and Phrases, Permanent
Edition, for all other definitions of
“Conspiracy”,

6. Jury €=33(3)

The federal constitutional amendment
providing that one accused of crime shall
be entitled to a speedy public trial by an
impartial jury of the district wherein the
crime was committed did not apply to a
prosecution in Kentucky courts. U.S.C.A.
Const. Amend. 6.

7. Jury €=33(3)

That a nonresident of the county sat
on jury in prosecution for conspiracy vio-
lated no constitutional rights of defendant.
Cr.Code Prac. § 194; Ky.St. § 2253; Const.
§§ 7, 11.

8. Criminal law €=906

The statute providing that the fact
that a person not competent is servi. on
a jury shall not be cause for setting verdict
aside is constitutional. Ky.St. § 2253.

9. Criminal law €>1064(1)

Where objection suggested in brief
was not incorporated either in original or
amended grounds for new trial, the objec-
tion was not reviewable on defendant’s ap-
peal,

10. Conspiracy €=47

Evidence sustained conviction for con-
spiracy to commit robbery which resulted
in murder, as against contentions that de-
fendant did not remember his acts and was
incapable of entering into conspiracy be-
cause his brain was befuddled by use of
drugs and whisky, notwithstanding that
there was no direct showing that defend-
ant was present when shots which caused
deceased’s death were fired.

11, Criminal law €=1159(5)

The degree of punishment inflicted is
always a matter for jury, which can only
be disturbed by the Court of Appeals when
evidence fails to support verdict, or there
is error resulting in prejudice to substantial

rights.
—p—n 3

Appeal from Circuit Court, Fayette
County; Chester D. Adams, Judge.

Raymond S. Baxter was convicted of con-
spiracy to commit robbery which resulted
in murder, and he appeals,

Affirmed.

A. B. Thomason, Lasserre Bradley, Bur-
nett Dadisman, and Delmer D, Howard, all
of Lexington, for appellant.

Hubert Meredith, Atty. Gen., and W.
Owen Keller, Asst. Atty. Gen., for appellee.

BAXTER v. COMMONWEALTH Ky. 25
166 8,W.2d 24

MORRIS, Commissioner.

This appeal is companion to Penney v.
Commonwealth, Ky., 166 S.W.2d 18, and
Anderson v. Commonwealth, Ky., 166 S.W.
2d 30, growing out of convictions for the
murder of Marion Miley on the morning
of September 28, 1941. The trial for con-
spiracy beginning on December 15, result-
ed in a verdict and consequent judgment of
guilty, with sentence of death. It is not
necessary to state facts and circumstances
relating to the corpus delicti, the prepara-
tion for and consummation of the crime;
they are detailed in the Penney opinion. As
in that case, the accused being unable to
employ counsel, the court appointed mem-
bers of the local bar to represent him.

In support of motion for a new trial coun-
sel set up numerous grounds. In brief the
grounds presented are: (1) The court
erred in permitting the introduction of in-
competent evidence calculated to create
prejudice against appellant. (2) The evi-
dence fails to sustain the charge of conspir-
acy to commit the crime charged. (3) The
accused was denied his constitutional rights
because one of the jurors, selected from
special Fayette County venire was a resi-
dent of another county. (4) A statement
made by the court during trial in the hear-
ing of the jury was prejudicial to defend-
ant’s substantial rights, and in a general
conclusion a charge of improper argument
of the prosecuting officer, and insistence
that at the time of the alleged agreement
with his co-defendants, Baxter was not cap-
able of normal mental thinking or acting.

On his trial witnesses testified substan-
tially as in the Penney case. Penney was
introduced as a witness for the Common-
wealth and insofar as the evidence showed
Baxter’s suggestion of the plan, the part he
was to take, and his actions and activities,
1t was without material variation. There
were no objections offered to any ques-
tions or answers which connected Baxter
with the offense, though there were a few
Mterposed to questions not material to con-
sideration of the case. The witness was
put through a lengthy cross-examination,
and his story as to Baxter’s connection was
not shaken in any material point. It did
de velop that Penney was slightly acquainted
with the Club property, and that he and
Anderson did not carry out an agreement
with Baxter to divide the spoils.

Appellant, about 27 years of age, was a
native of Fayette County, and had attended
the grade schools. He detailed the dif-

166 S.W.2d—21%,

ferent classes of work he had engaged in
and places where he had worked. He was
in California in 1939, and the latter part of
the year came back to Lexington and be-
gan work at the Club, first caddying later
caring for the greens, and assisted in park-
ing cars around the clubhouse when there
was a dance or party; his employer was
Mrs. Miley. At the time of the homicide
he had extra work as night watchman at
the driving range, a short distance from
the clubhouse. He said he was addicted
to the use of intoxicants and smoked mari-
juana cigarettes quite frequently when he
was “drinking a lot.” He went into details
as to the effect, particularly when the com-
bination was used.

Coming to the date of the homicide, he
said he remembered the “day and night be-
fore.” He recalled that he went to Joyful
Inn and later to Ma Gabbard’s roadhouse,
which he said he frequented. He had been
introduced to Penney ten or twelve weeks
before the date of the homicide, and saw
him afterwards at Kozy Inn, when Penney
asked witness if he knew of any work or
chance of getting work at the Club; he
told him that there was none right then.
Penney said, “there ought to be some money
out there,” whereupon Baxter left the place.

The next time he saw Penney was the
night before the homicide, at the Gabbard
place, and around ten or eleven o'clock.
A strange man came in and said Penney
was outside and wanted to sce him. (Pen-
ney says he had told Anderson how to
identify Baxter). He says later this man
was Bob Anderson. He went out but did
not “to his knowledge” get in the car where
the two found Penney, who asked him “are
you going to work tonight?” to which he
replicd that he was, at about two o’clock;
Penney replied, “I will be seeing you out
there.” He left about midnight to go to
the range in a car with Earl McConnell
and Margaret Folger. After arriving there
he got in Mr. Bernie’s car and went to
Joyful Inn, where he says he drank and
smoked marijuanas. After that his mind
was blank; the next time he remembered
anything was when he woke up in the car
in the middle of the driving range. :

In the car with him were Thelma Truitt,
Margaret Folger and Jimmie Hilen. As
soon as he awoke he went to the clubhouse
to sce about the sprinklers, and found the
existing disturbance and disorder. He says
he was arrested on October 17, early in the
morning and “they checked me in on a mur-

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61

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te The first concrete clue about the two-

2

“7 -< tone Buick used by the killers came from

Louisville, some 70 miles away. It was
learned that a blue and gray sedan
matching the description of the suspect
car had been een stolen the night
of September 28th by a Robert H, An-
derson, 36. Anderson was the owner ofa
local nightspot in Louisville known as
the Cat and Fiddle Club.

He told police that his, car must have 4

been stolen from the street in front of
his club, where he had pte it. The
registration was a Kentu y plate, num-
ber 1P04,

Detectives were hastily dispatched to
Louisville, where they began the same
sort of painstaking canvass of hardware
and firearms dealers, and tailors and dry
cleaning establishments, The alarm for
Tom Penney and the missing Buick now

- was flashed to all states in the country,
. Closer to the scene of the crime, mean-
while, the tedious police routine of pa-
tiently Sheeting hundreds of people
and tracking down all clues which might
ve even a remote connection with the
crime was beginning to produce results,
€ woman operator of a roadhouse

on the Leestown Pike, not far from the
country club, told detectives she remem-
bered.a tall, rangy fellow with a short,
pudgy friend who had stopped at her
Place for a couple of dri on Satur-
day night, some hours before the fatal
events at the Lexington Country Club.

“They drove up here in a big, two-
tone, blue-gray car—I didn’t notice the
make,” she said.

Detectives showed her a mug shot
-of Tom Penney, and she tentatively iden-
tified him. “He looks like one of them,”
she said hesitantly, But she was not very
Positive,

Hard on the heels of this development
however, came another, and the second
was the most promising yet. A customer

‘at another roadhouse, this one on the
Paris Pike, said he: had seen a blue and
‘gray late model Buick parked across the
road on the night of the slaying. He
said he had : i some people in
another car from which’ a man had
emerged, and crossed the road to talk to
the occupants of the Buick.

Pursuing this lead, detectives learned

; that the man who had spoken to the men

in the Buick was none other than the

grecnskeeper at -the Lexington Country
lub, Skeeter Baxter.

. It was then discovered that Baxter

and his friends had dropped in at the

roadhouse on the Leestown Pike, and

that he had again talked to the men in

. the Buick when it showed up there about

one o'clock Sunday morning,

Sheriff Thompson and Chiefs McCord
and Price sifted this information care-
fully. Then Chief Price summed up their
conclusions.

“It all adds up,” he said. “Penney

‘and his unknown partner stole the car

‘in Louisville, drove it over here and
bought a flashlight around ten o'clock,
Then they looked: up Skeeter Baxter
who was probably their lookout, and
talked over the job. There was a party
at the club, so hens had to wait until
everybody left, whic explains why they
talked to Baxter the second time. They
were probably wondering how long the
dance would last,”

e three officers decided not to pick
up Baxter yet, but to let him continue
thinking was still in the clear. He
was to be kept under close, if unobtru-
sive surveillance, however, on the chance
that-he might lead them to ex-con Pen-
ney and the other accomplice, whose
identity was still unknown,

the meantime, the hunt for the two

60 missing men continued unabated. New

{i an

Sue i aie F:

bulletins were issued almost daily, and
the police of at least 22 states were fur-
nished with minute descriptions of the
missing car, and mug shots and finger-
prints of Tom Penney. These routine
procedures finally bore fruit, exactly ten
days after the murder,

In Fort Worth, Texas, on the night of
October 8th, alert detectives spotted the
ee Buick with Kentucky license
tags 1P04. They Promptly arrested the
driver and took him to headquarters,
where a check with wanted flyers soon
established his identity as the elusive
Tom Penney. A search of the car turned
up an empty .32 caliber cartridge casing,
and a dark suit jacket with several but.
tons missing, rs

Notified by Fort Worth Police of Pen-
ney’s capture, Chief Price and Sheriff
Thompson left for Texas at once. They
found a most uncommunicative prison-
er. Penney was surly, snarling and
would admit nothing. For more than two
days he defied his interrogators to prove
anything, despite the web of evidence
eee and surely being drawn about

im.

Finally, on Sunday morning, Chief
Price sat down with Penney in his cell
and talked with him alone for four
hours. When Price emerged from the
cell he had an announcement:

“Tom Penney is ready to tell us the
whole story,”

In the presence of the local district at-
torney, the Fort Worth police chief, the
Kentucky officers and an official §ste-
nographer, Penney now made the follow-
ing statement:

‘I'm guilty of this crime and the man
whose car I was driving when I was ar-
rested was my partner. I have known
Robert Anderson for about seven years,
He runs the Cat and Fiddle night ‘club
in Louisville,

“Some time on the afternoon of Sep-
tember 27th, on Saturday, I called An-
derson and we agreed to meet that night
and go to Lexington. I met him about
8:30 or nine o’clock that night on th
corner of Brook and Market Streets in
Louisville. He was driving his car, a
1941 Buick two-tone job, blue and gray.
Then we drove over to Lexington.”

In Lexington, Penney’s statement con-
tinued, he and Anderson, friends since
both had served time together in the
State Prison at LaGran e, stopped at
several nightspots, inclu ing the road-
house on the stown Pike, before go-
ing to the country club,

“I suggested pulling the job,” Penney |

said, “because I used to deliver beer
there and I knew there was a lot of
money on the place.”

In his first confession Penney gave no
indication of Skeeter Baxter’s involve-
ment in the crime and he denied that
he and Anderson went to Lexington for
the express purpose of burglarizing the
country club. But in subsequent state-
ments he not only implicated Baxter, but
admitted the country club job had been
carefully planned and the greenskeeper
had, in fact, been the mastermind who
worked out the whole operation.

“We drove out there and parked close
to two cars,” Penny went on. “We went
in the back door and went to the base-
ment and pulled all the electric switches
and cut the telephone wires. Then we
went through the kitchen and, up the
stairs. We heard somebody breathing
quite loud, like they were sound asleep.

door was locked and Anderson said
we should go back to the car and get
something to open it with, We went:
back and he got two automatics. He gave
me one. Then we went back into the
clubhouse again and he picked up some-
thing in the kitchen—the sashweight he

}

t

later used as a bludgeon on Mrs, Miley—
and he followed me up the stairs, . . He
knocked the panel out of the door and
reached in lo opened it.

“There was a screaming and scuffling
and as soon as I got through the door
somebody hit me on the chin. I got up
and then I was grabbed around the neck
and nearly strangled. I hit at the Bag
with my gun and it went off. Then I
heard Anderson shooting. It was all in
the dark and that girl was a hard fight-
er. Why, she bit Anderson on the leg
so bad he had to go to a doctor the next
day.”

Penney concluded sadly, “We were dis-
appointed in the money we found. We

. expected from three to ten grand, at
‘least, and maybe more.”

Penney said they had thrown the au-
tomatic pistols into the Ohio River, but
he didn’t know where.

Penney said he took the car and drove
it to Florida. “Bobby said it was hot
and I should get rid of it, I was on my
way to California when the cops nabbed
me,”

Penney then gave his interrogators a
piece of information which was to be-
come a vital link in the long chain of
evidence against Anderson. From Jack-
son, Mississippi, he said, he had sent
Anderson a telegram which read: “Had
misfortune with fire. Need 15 dollars.”
He signed the wire, “Huffman.”

As soon as Penney finished his state-
ment, Chief Price called Louisville,
where some of his Lexington detectives
were still at work checking out store-
keepers. Within the hour, accompanied
by Louisville officers they walked into
the Cat and Fiddle Club and arrested its
jaunty owner, who loudly protested his
innocence, :

“I want a lawyer!” he screamed,
“Why should a rat like Penney get me
‘in a jam like this? I was always good to
him and we never saw each other after
Wwe got out of stir until he came in here

- about a month ‘ago and bummed a five
spot,”

His denial had a convincing ring to it,
but a check of telegraph office files veri-
fied Penney’s statement about, the wire
signed “Huffman” which he had sent to
Anderson. The files also showed. that
Anderson had sent “Huffman” the re-
quested $15,

Another link in the chain of evidence
against the cocky nightspot operator
was forged when he was ordered to strip
for a physical’ examination. Cleatly ap-
parent to detectives was a severe wound
on his thigh.

Asked to explain how he came by such
a wound Anderson barked, “I threw a
prostitute out of my joint one night and
she bit me.”

The cops weren’t buying that.

In Lexington, police now Picked up
Skeeter Baxter, who also protested his
innocence. And on October 17th, Penney
opened up once more and admitted he
had lied about the disposal of the murder
weapons. Acting on information he pro-
vided, police went to an amusement park
in Louisville, where they dug up a .38
Colt automatic and a .32 Paramount au-
tomatic.

Ballistics tests proved conclusively
they were the weapons used in the slay-
ing of Mrs. Miley and her daughter

Anderson’s loud rotestations of inno-
cence were exploded by two develop-
ments: The .38 automatic was traced to
him beyond all question, and detectives
found a Louisville doctor who produced
records to prove he had treated Ander-
son for the bite wound on his thigh on
September 29th, the day after the coun-
try club killings, =

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‘

Skeeter Baxter finally admitted casing
the job for weeks in advance. The law
refused to consider it any mitigation of
his crime that he was home in bed when
the murders occurred. In the words of
Commonwealth Attorney James Park:

“Skeeter Baxter’s crime is greater, if
that is possible, for he betrayed the faith
and generosity of Mrs. Miley, who, he
openly admits, was his best friend next
to his own mother.”

Anderson, Baxter and Penney received
separate trials, Anderson was tried first,
and on December 12th, the jury returned
a verdict of guilty and fixed his punish-
ment at death in the electric chair.

Baxter, the treacherous greenskeeper,
was tried next. His frightened, abject.
protestations on the witness stand that
he had no idea his accomplices intended
to commit murder failed to move the
jury to leniency. And Tom Penney’s tes-
timony against him sealed Baxter’s fate.

Penney said: “Baxter told me that
there was only an old lady to guard it.
He said, ‘She’s supposed to blow a whis-
tle if anybody comes around and I’m the
one who’s supposed to hear it.’”

The jury took only two hours and nine
minutes to find Skeeter Baxter guilty
and impose the death penalty.

Tom Penney, by singing, had hoped to

escape the electric chair, but on Decem-
ber 19th, the jury found him guilty of

murder and decreed that he, too, should -

die in the electric chair.

All three of the convicted murderers
appealed the verdicts and sentences, but
finally, on February 23, 1943, Robert
Anderson, Raymond Baxter, and Tom
Penney paid with their lives in the elec-
tric chair at the Kentucky State Peniten-
tiary for the murders of Mrs. Miley and
her beautiful daughter.

Tom Penney is still remembered in
Kentucky for what is possibly the most
superfluous statement ever uttered by a
man condemned to the chair. When
asked, shortly before his execution, if
he felt he deserved his fate, he replied
gravely:

“I have never believed in capital pun-
ishment.” ee ¢¢4¢

/
hn

Eprror,s Nore:

The names, Will Shanley, Clay Jack-
son, Andy Johnson and Sam Rafews,
as used in the foregoing story, are not
the real names of the persons con-
cerned. These persons have been
given fictitious names to protect their
identities,

Florida’s Rob-and-
Run Crime Ring

ey, (Continued from page 45)

their day’s work and parked their trucks
in the lot beside the plant. Many of.the
deliveries were on a cash basis and each
driver had an envelope containing -the
cash he had collected during the day.
There was a chute leading to a safe
inside the building. After he had sealed
his envelope, each driver dropped it down

the chute, then left, The trucks were’

genes in the lot and they completely
locked off any view of the chute from
the street.

For the burglars, this was an ideal
arrangement. At first, they tried to get
the. envelopes by tossing fish hooks at-
tached to strong lines down the chute.
This didn’t work and some of the lines
were abandoned when the hooks were
caught in the safe opening.

But on the night of February 4th,
using a sledge hammer, the burglars
knocked a hole in the east end of the
concrete block building. Apparently they
brought no equipment for opening the
safe, but found it inside the building. It
was an acetylene torch used in repairing
trucks and other equipment.

This was ideal for burning a hole in
the safe, which contained drivers’ collec-
tions totaling $2,226.50. The burglars took

- it all.

Sheriff Genung, Captain McMullen,

Technician Mike Sharpe and others
. checked the scene. The burglars had worn
‘gloves and Sharpe’s fingerprint powders

turned up only smudges. Aside from the
fishing lines, they had left no other clues.

In most cases, a canvass is the first
order of business, but here it was a waste
of time. The burglarized plant was in a
section of warehouse-type buildings, all
of which had been closed. The nearest
residence was too far away for the oc-
cupants to be able to hear anything.

The building was repaired, a new safe
was installed, and_ sherifi’s patrols
checked it frequently. Nearly two months
passed and it seemed hardly likely that
the burglars would have the cheek to

4

—

None ‘

strike in the same place twice.

But they did—obviously after they had
studied the routine of the patrols and
learned when was the best time. The haul
this time—on March 25th—was $1,372.70.
Again, there were no clues, not. even fish
hooks.

Frecing the fish hooks was an almost
impossible task. St. Petersburg is sur-
rounded by water, with Tampa Bay on
the east, Boca Ciega Bay on the west,
and the Gulf of Mexico on the south. In
addition, there are dozens of lakes and
bayous where fish abound.

And on any given day, any time of the
year, thousands of people can be found
fishing. Fishing equipment is on sale in
so many places that it would have taken
the sheriff’s men weeks to make a proper
canvass, But they knew there was so lit-
tle chance of their locating the buyers
by this means that they didn't even try.

After the second break-in, it seemed al-
most certain that the burglars wouldn’t
be bold enough to try it again. Never
theless, the sheriff’s patrols kept a sharp
eye on the bottling plant during the bal-
ance of March and all of April.

Early in May, the patrols had to be
reduced because the men were needed for
other work. Like most ‘police forces and
sheriff’s departments, Sheriff Genung’s
staff suffered from a shortage of men.
There just were not enough to go around,

The burglars obviously knew this. They
struck again—at the same place—on
May 8th. The third time, they walked
away with $2,546.67.

‘In the room where the drivers met
every morning before starting on their
rounds was a huge blackboard used by
their supervisor. This had been cleanly
erased and in huge letters were two
words printed in chalk: THANK YOU.

The bandits now were unpredictable.
If they would invade the same plant three
times in three months, they might be bold
enough to do anything. Sheriff Genung
used it as ammunition to get more men.

With increased patrols, the crimes in
that particular section ceased. No more
safe robberies in the sheriff's jurisdic-
tion were reported and Captain McMul-
len suspected. that the gang was opera-
ting somewhere else, possibly inside the
city limits of St. Petersburg.

Captain McMullen contacted St. Peters-

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166 SOUTH WESTERN

der charge, and put me in a cell,” and that
he had been drinking and smoking the drug
cigarettes the night before.

He then undertakes to show that the offi-
cers, about dark that night, accused him of
the murder; said that he would “burn for
it,” and plicd him with questions until he
became frightened. He says he signed a
statement, but did not know its contents.
The statement was written on a typewriter
in his presence. IIe insisted that while he
“looked over the notes,” he did not now
remember what was in the statement.

Appellant was put through a lengthy
cross-examination, in which he fairly well
stuck to his story, though admitting that
he remembered quite a number of things
which had transpired the night before
the homicide, which were apparently
considered by him as immaterial. It
seems that he remembered practically ev-
erything up till the time he left the driv-
ing range to go across from Joyful Inn,
a short distance away. He did not deny,
but plead entire lack of memory of every
act, or word attributed to him by Penney,
except the former mectings with Penney,
and the time he was called from the road-
house. Asked specific questions as to
acts, words and circumstances, he respond-
ed with one answer, “I don’t remember.”

Reverting to the evidence of the Com-
monwealth for the moment, we find Jimmie
Ililen testifying that before midnight he
was at the driving range when two men
drove up in a blue Buick and asked for
Saxter. At twelve o’clock he went to
Joyful Inn, just across the road from the
driving range. Baxter came in with Mc-
Connell and the Folger girl. Witness got
in Bernie’s car with Baxter, a girl and
another boy. Baxter was drinking but not
drunk, They went to Ma’s Place, Baxter
(at all times) driving the car. There they
took up the Truitt girl and went back to
joyful Inn, then across the pike to the
range, where two of the parties got out and
went to a trailer, leaving the other two in
Bernie’s car.

Afterwards they all went over to the
Club, parking in the driveway. Witness
saw the Buick parked there, the same car
he had seen when the two men called
earlier for Baxter at the range; it bore a
Jefferson County license. Baxter got out
and went to the parked car, remaining a
short while. He then got back in Bernie’s,
or another car. Baxter said that Floyd

REPORTER, 2d SERIES

Poynter and his girl were in the strange
car. Poynter testified that he was not on
the Club grounds at any time that night.
After Baxter came back to Bernie’s car,
they drove toward the pump house, Baxter
turned his lights off; left the car and
said he would be back in a few minutes,
and went in the direction of the caddy
house not far from the clubhouse. When
he came back witness was asleep. When
he awoke the car had been driven to a
point near the tool house, and the first
thing he saw was Baxter and the Truitt
girl getting out of a truck. They all got
in Bernie’s car, Baxter driving, and went
back to the range, where he saw a “big car”
blinking its lights. Baxter went to the car
and spoke to some one and came back.
Their movements thereafter are not of im-
portance. This witness was in part cor-
roborated by Margaret Folger and otliers,
who were in the party at various times.

Earl McConnell, who was with Baxter
from 7:30 to 11:00 says that they were con-
tinuously drinking beer at the two places,
Joyful Inn and Ma’s Place. He did not see
Baxter drink whiskey, nor rolling any
cigarettes. Stella Sloan also introduced by
defendant, was the proprictor of Joyful
Inn; she said that Baxter was in her
place two or three times on the night of
the 27th; that he was drinking, but “I don’t
know whether he was drunk or not.” She
saw him last sometime between twelve and
one o’clock; “he was drinking, that’s all
I know about it; you could see that.” Ma
Gabbard said that he was in and out of her
place on the night of the homicide, from
eight until about one o’clock. She served
no whiskey, but said that Baxter looked
like he was drinking. She had also seen
Anderson and Penney at her place around
one o'clock that night.

With this statement of what we deem
pertinent testimony, we take up in order the
alleged errors. It is argued that it was
prejudicial to allow Maupin, the investigat-
ing officer, to go into a detailed account of
what he found in making the investigation,
including description of the premises as
he found them on the morning following
the homicide, the introduction of exhibits,
and the frequent references to the presence
of much blood. Objections were made to
“this line of testimony,” but not all; the
court overruling objections.

It is not contended that Maupin’s descrip-
tions were not accurate, or that he mis-

BAXTER v. COMMONWEALTH Ky. 27
166 S.W.2d 24

stated any fact in giving his testimony. The
objection is that it was not necessary to
detail these matters since appellant was not
present in the apartment at the time of the
homicide. What we said in regard to the
same character of testimony in the Penney
case is applicable here, unless it be the
law that in a case where conspiracy, as
well as aiding and abetting, is charged, and
in which case the aider is a principal, it
he error to prove the corpus delicti, and
sive such proof as shows the enormity of
the crime,

Counsel for appellant refers us to no
case which so holds, but does point to Mc-
Kay v. State of Nebraska, 90 Neb. 63, 132
N.W. 741, 746, 39 L.R.A.,N.S., 714, Ann.
Cas.1913B, 1034, wherein the court in a
case (not conspiracy) where there was
some doubt as to whether the deceased was
murdered, or had taken his own life, a
circumstantial case, held that to admit
blood stained garments, and “flaunting
them before the jury,” as the court conclud-
ed, tended to inflame the minds of the jury
and constituted error. It may be that this
evidence was “needless,” but the question
is, did it amount to prejudicial and re-
versible error?

[1] Counsel for the Commonwealth has
cited us to several cases wherein we have
held that it was not error to introduce
clothing, an ax, a portion of the body, and
to describe the conditions of places where
homicides were committed; in most of
these cases there was a purpose to show
the manner of commission of the crime.
In one case, however, and a conspiracy
case, we held it not error to introduce a
gun with bullets dug from the ground of
the scene of the shooting. Crawford v.
Com., 242 Ky. 458, 46 S.W.2d 762. Here
the objection was that it being assumed
that Baxter was being tried solely on a
conspiracy charge, the proof of overt acts
and circumstances attending them, and
descriptions were both prejudicial and
“needless” to convict on that charge. Coun-
sel overlooks the fact that under the in-
dictment and the proof, appellant might
have been convicted as an aider or abet-
tor, under our law, a principal. Ky. Stats.
§ 1128. Hogan v. Com., 230 Ky. 680, 20
S.W.2d 710; Sumner v. Com., 256 Ky. 139,
75 S.W.2d 770. He was indicted for a
conspiracy to rob the Miley apartment, and
tobbery (with weapons) developed, all as a
couscquence of the agreement which he set

in motion, and the murder of an innocent
person.

[2,3] Appellant, as is shown by proof,
not only suggested the idea of robbery, but
assisted in carrying it into effect. He knew,
or should have known, that in committing
robbery with deadly weapons, death or in-
jury of persons on the premises is likely
to occur and if so, there is blood. Under
the law he was and is as much responsible
for the blood as the one who fired the
weapon, and if in proving the corpus
delicti, describing the scene, or exhibiting
the photographs, it became necessary to
show the enormity and maybe uselessness
of the crime of murder, he should not com-
plain as long as the testimony truly depicted
circumstances and conditions.

The second contention is that the evi-
dence does not sustain the charge of con-
spiracy. Counsel correctly contends that
there was no direct showing that Baxter
was present when any of the shots were
fired or blows delivered which caused the
death of Marion Miley, or the purpose to
use weapons. On this point counsel cites
Hurst et al. v. Com., 284 Ky. 599, 144 S.W.
2d 520, wherein it was shown that one
Broyles was indicted with Hurst and an-
other on a charge of conspiracy to commit
the offense of malicious wounding. Judg-
ment was reversed solely on the ground
that the court failed to give an instruction
under § 241, Criminal Code of Practice
(effect of accomplice testimony).

[4] The only proof we found as to any
act of conspiracy on the part of Broyles
was to the effect that he was found in
Hurst’s car after the shooting by either
Hurst or Rue. We said: “There is no evi-
dence whatever that Broyles fired the shots
and none indicating that he conspired with
either Hurst or Rue to do so.” We shall
not quote further; the obvious distinction
in the above case and those noted and the
instant case makes comment unnecessary.
Nor is it necessary for us to do more than
refer to the statement of facts, supra, to
reach the conclusion that the conspiracy
was amply proven by the testimony of
Penney, and other circumstances tending
to connect Baxter, the only question with
regard to proof being whether it was true
or false, a matter solely for the considera-
tion of and solution by the jury.

[5] The testimony of appellant was not
convincing enough to create a reasonable

§
i
y
:
‘
.