Arkansas, S, 1909-1995, Undated

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(Continued from page 1A)
Darryl Richley, 39; and Mi-

chael Ray Orndorff, 31, for the .

1981 beating and shooting of
Donald Lehman of Rogers. Ap-

peals of all four are pending in

the 8th Circuit.

@ Wilburn Anthony Hender-
son, 48, for the 1980 shooting
death of Willa Dean O’Neal

during a robbery at her Fort

Smith store. His appeal is be-
fore the 8th Circuit.

@ Marion Albert Pruett, 40,
for the 1981 shooting death of

- convenience store clerk Bobbie
of Fort Smith.

Jean Robertson
His appeal is before Howard.
@ Rickey Ray Rector, 38,

for the 1981 slaying of Conway.

police officer Bob Martin. Rec-
tor was also convicted of kill-
ing another man and wounding

two others two days before —

e death row ini

Martin’s death. His appeals
are before the 8th Circuit.

@ Barry Lee Fairchild, 36,
had his argument rejected
April 17 by an 8th Circuit
panel. A rehearing before the
full court was requested May 3.
If denied, the U.S. Supreme
Court will be asked to consider
the case.

@ Steven Douglas Hill, 23,
for the 1983 slaying of state
police investigator Robert
Klein. Oral arguments were
heard this month by the 8th
Circuit.

—& Bobby Ray Fretwell Jr.,
25, for the 1985 shooting death
of Sherman Sullins during a
robbery of Sullins’ home in
Marshall. His appeal is before
U.S. District Judge Elsijane

Roy.
PS] Richard Snell, 60, for the

DION a@tllLivuvce

eaaw

1984 shooting death of Bill
Stummp during a robbery at
Stummp’s pawn shop in Texar-
kana. His appeal is before
Howard.

@& William Frank Parker, 35,
for the 1984 shooting of James
and Sandra Warren, his ex-
wife’s parents. His conviction
is at the district court level.

& Samuel Duncan, 33, for
the 1985 shooting death of Pine
Bluff patrolman John Fallis. In
March 1987, Dunean’s convic-
tion was overturned by the
state Supreme Court, which
ruled a confession by Duncan
had been improperly obtained.
Duncan had been held in Seat-
tle, Wash. to face trial for two
other murders. He has been
returned to Arkansas for retri-
al. .

@ Mark Edward Gardner,
34, for the 1985 strangulations

ewe wre wee ee

—s~ ww

uays BO UP.”

of Joe and Martha Joyce and
their daughter, Sara McCurdy,
at the Joyces’ Fort Smith
home. His appeal is before
Howard.

1985 beating of Gladys Ford,
76, during a robbery at her
Marvell home. Starr’s argu-
ments on direct appeal have
been rejected by the state Su-
preme Court and U.S. Supreme
Court.

@ Michael O’Rourke, 42, for
the 1983 murders of his par-
ents, Francis and Beulah
O’Rourke, at their home near
Dardanelle. O’Rourke has not
exhausted his appeals at the
state level.

@ Jonas Whitmore, 46, for
the 1986 stabbing of Essie Mae
Black during a robbery at her
Mount Ida home. His appeal is
before Howard.

& Ronald Gene Simmons,

\ates reduced to 32

49, was twice convicted and
sentenced to death, once for
the murders of 14 family mem-
bers and once for the murders

-of two other people. He has
David Starr, 28, for the

refused to appeal his death
sentences and is to be executed
June 25.

@ Kirt Douglas Wainwright,
24, for the 1988 shooting death
of a convenience store clerk in
Prescott. He is appealing to the
U.S. Supreme Court.

f Kenneth Ray Clements,
49, for the 1988 shooting death
of Conway police officer Ray
Noblitt. Clement’s appeal is
before the U.S. Supreme Court.

G2 Roger Lewis Coulter, 30,
for the 1989 slaying of Natasha
Phelps, 5, of Warren. He is the
newest death row inmate and
is just beginning his appeals at
the state level. His appellate
brief to the state Supreme
Court is due July 3.

- Southwest Times Record—Fort Smith, Ark. Tuesday, June_ 19, 1990

CSE Sa

————————_—

~a oma

a a ee

Lew ivzunneewn

7 a
Q \

[Thirty-two lett Ges
on death row

Wi itt aii ng

By The Associated Press
~The number of inmates on

death. row in Arkansas was

reduced to 32 with the Monday
night. execution of John Ed-
ward Swindler.

The number is expected to
drop to 31 on June 25 when
Ronald Gene Simmons is
scheduled to die by lethal in-
jection for the 1987 murders of
16 people, including 14 family.
members, in Pope County.

Thomas Winfred Simmons,
46, and Barry Lee Fairchild,
36, are the death row inmates
most likely to be executed af-
ter Swindler and Gene Sim-
mons, a spokesman for the
attorney general’s office said.

Thomas Winfred Simmons,
who is on death row for the

- 1981 slayings of four people in

-Van Buren, is nearing the end
of his appeals, said James Lee
of the attorney general’s office.

Fairchild was sentenced to
death for the 1983 rape and
murder of 2nd Lt. Marjorie
‘“‘Greta’’ Mason, a nurse at
Little Rock Air Force Base. He
was: close to execution last
year, before his lawyer raised
the issue that Fairchild was
mildly retarded.

Here is a list of the 32 men
on death row in Arkansas in
order of how ‘long they: have
been on death row, the crimes

_ for which they were sentenced

to death, and the status of their
appeals: .
M@ Lloyd Dewayne Hulsey,
37, has been on death row since.
Nov. 10, 1975. Hulsey was sen-
tenced to die for the shooting
death of Johnny Easley, Jr.,
42, of Earle, a service station
attendant. His appeal is pend-
ing before U.S District Judge
Thomas Eisele.

@ Charles Edward Pickens,
36, for the 1975 killings of
James Scherm Jr., 31,. and
Wesley, Noble, 76, during a

/ grocery store robbery in Cas-

scoe. In 1983, the 8th Circuit
Court of Appeals ordered ‘a
sentence reduction to life in
prison without parole or a new
sentencing procedure. Last
year, Pickens was again sen-

} tenced to death, and the sen-

tence was affirmed Feb. 5 by
the state Supreme Court. Pick-
ens has appealed to the U.S.
Supreme Court.

f@ Earl Van Denton, 40, and
Paul Ruiz, 42, for the 1977
execution-style slayings of
Magazine town marshall Mar-
vin Richie and federal park
ranger Opal James. Both have
appeals pending before Eisele.

@ Eddie Lee Miller, 38, for
the 1978 slaying of W.F. Bolin
during a robbery at Bolin’s

Blytheville sewing center. Mill-

er’s appeal is pending before
U.S. District Judge George
Howard.

@ Charles Singleton, 31, for
the 1979 stabbing death of
Mary Lou York during a rob-
bery at her Hamburg store.
His appeal is in the 8th Circuit.

@ Darrel Wayne Hill, 48, for
the 1980 death of Game and
Fish wildlife officer Don
Teague in Montgomery County.
Hill’s appeal is before Howard.

@ T.J. Hayes, 52, for the
1979 shooting deaths of Cather-
ine Carter and J.W. Lunsford
in Pine Bluff. In August 1989,
the 8th Circuit ruled Hayes was
denied a fair sentencing trial
because the prosecutor told ju-
rors too: much about the vic-

tim. On May 3, the court or-

dered the siate to retry Hayes
within 90 days. If no trial
occurs, Hayes’ sentence would
be reduced to life without pa-
role.

@ Clay Anthony Ford, 31, for
the 1980 shooting death of Ar-
kansas State Police Sgt. F.
Glen Bailey near Marion.

Ford’s appeal is before How-

ard.

& Eugene Wallace Perry, 49,
for the 1980 shooting of Ken-
neth Staton and Suzanne Staton
Ware of Van Buren during a
robbery. His appeal is before
Eisele.

&@ Thomas Winfred Simmons,
46, for the 1981 slayings of Fort
Smith police detective Ray
Tate, Holly Gentry, Jawana
Price and Larry Price. His
appeal is pending before the
8th Circuit.

@ Hoyt Franklin Clines, 33;
James William Holmes, 33;

(See State, page 5A)

Southwest Times Record—Fort Smith, Ark. Tuesday, June 19, 1990

Mass killer

is executed
in Arkansas

By Bill Simmons
Associated Press

VARNER, Ark. — R. Gene Sim-
mons, convicted of 16 murders ina
Christmastime 1987 rampage, was
put to death Monday night two
years after he pleaded in court for a

swift execution to “let the torture ©

and suffering in me end.”

-A lethal injection terminated the
life of the bearded killer for capital
murder — a charge of which he was
convicted twice. He waived his
appeais, choosing to die.

Prison spokesman David White
said Mr. Simmons was pronounced
dead 17 minutes after the solution
began dripping into his veins at 9:02
p.m.

Mr. White said Mr. Simmons
made a final statement: “Justice de-
layed finally done is justifiable
homicide.”

The execution of Mr. Simmons,
49, was the second in Arkansas in a
week. The June 18 electrocution of
John Edward Swindler was the
state’s first execution in 26 years.

Unlike Mr. Swindler, Mr. Simmons —

was convicted after the state’s
method of execution was changed
to lethal injection.

Mr. Simmons shot, clubbed, fired
at or strangled 21 people during the
1987 Christmas season. Sixteen of
them died. The victims included 14
members of his family, several of
them children. He lived in a rural
area near Dover in west-central Ar-
kansas.

Mr. Simmons died without re-
vealing his reasons for the worst
family massacre in U.S. history.
Again and again, relatives and oth-

ers had asked him for an explana-

tion.
A woman held hostage by Mr.
Simmons said that, \when arrested
at the end of his killing spree, he
told her: “I’ve come to do what I
wanted to do. It’s all over now. I’ve
gotten everybody who wanted to
hurt me.”

After his first conviction, Mr.

Simmons startled the trial court by

announcing that he would not ap-
peal, pronouncing the verdict and
penalty just, and asking that no one

R. Gene Simmons... killed
16 people, including 14
members of his family, in a
rampage during the 1987
Christmas season.

—~

interfere. “Let the torture and suf-
fering in me end,” he told the court.

Death penalty foes nonetheless
delayed his execution for about two
years.

When Mr. Simmons was moved
from his cell to the death chamber
shortly before 9 p.m. Monday, “he
was very quiet,” Mr. White said. “He
appeared to be somewhat nervous,
but there was no resistance.”

Mr. Simmons ate his last meal —

filet mignon, well-done, and as-
sorted vegetables and breads —
about 4 p.m., the prison said.
- \ Sunday was the last day under
prison rules for Mr. Simmons to
have visitors other than his attor-
neys or a spiritual adviser. The in-
mate declined any visits, Mr. White
said. .

He declined to speak with family
members or a chaplain Monday but
did talk briefly with his lawyers, of-
ficials said. fe

The murders began to come to
light on Dec. 28, 1987, when Mr. Sim-
mons shot six people and shot at an-
other in Russellville. Two of them
died.

When authorities went to Mr.
Simmons’ home after the Russell-
ville shootings, they found the bod-
ies of 14 members of his family —
his wife, children, their spouses
and his grandchildren. Authorities
said Mr. Simmons had slain them
during the week before Christmas
Day. The adults had been shot and
the children strangled.

Negro Is First in State .
| _*. to Die by Electrocution.

fone ae pes omnes

OE crews et

ciety Will
ne. to

tore aticient
rweuta, the
arition has
vp the latter
a from’ Ar-
m the Juittle
', whieh ne-
1 time and
us from Age
the employ:

her to give!

Naw beeome

Aryenta ts
+ had prev.
among - the
1 this work
4ovtation or
1 there avd
‘inl worker.
force the
ive Argenta
It “lwo will
‘'y im Lattle
“the foree
give to the

’

URNING

| of Smoke

f Argenta
ving by the
rom Dark
rth of the

was start-
1 Poff the

the flames
entire area
’ waa orig:

about ry
nd the wa-
‘roa of nev.
cush = “whd
te fire will
| bordering

«ED.

» Argenta
arriving in
1ew. duties
1. Among
rthur Fish-
tie instrue-
‘nea Jones,
thine Haw-
Isla Arm.
new teach.
! for the

—“—

(AN, .

11 o'elosk
lock in the
reabytorian
| be given
subject for

| nesa of Nits,''

| B44 By : ! Biba
| [ass ae fi x
( hat OA 2
| ves Sh ieeh ie nel Pi f
PICS coh AIA Site

4 * they A]
4 ate @

{
eee |

t a
foe ee a?
Way
| [cae
ed
| aimee
| + LBE BIMMB. 5 ne

‘rn re ‘ t

‘the évening nervite will be.‘ Korgiven-
Sunday schoo} at 10
Christian Endeavor ut 7 p.m, .

ARGENTA NOTES,

Several bundred carloads of uravel,
which have been unloaded along the
outskirts of Went Sixth street by tie
i Tron Mountain ruilroad, will be used
for repairs on the track, e

Verner Story, 2081-2 Main street,
who bas been Weslting in ‘‘exns some
time, returped to Argenta on Thurraay
Pnight. re eed j
| Misses Ruth Fairmon, Ruby Drye and
Mr. and Mra, D, B. Lewla returned yes-
terday from. Jgcksonviller where they
have been visiting’“triends and rela-
tives, of

Mra, D, L. Davis = 1821 Maple stréct,
has returned from Colorado Springs

W. R. Stoverson, 303 Cyprens strect,
haa moved to £009 Center street, Lit-
tle Rock, where’he will make hia home,

KF. A. Vogel, aasistant claim agent
for the. Rock Island, who has been’tll
for several days, la improving rapidly.
+ Misa Helen Pretty, 1019 Kast Wash,
ington avenue, entertained a oumber of
her frionde at her bome Thursday even-
ing. « Those present were Misses Chris-
tine Ractz, Beatrice Pretty, Jesale
Moore, Hazel Wells and Holen Pretty,
and Garland Frith, Kimmett and Ed?
ward Stinson, Willle Gaye, Fern Han-
ley and Harry Edmonds.

Mrs. J. Amda Martin and son Farrell

returned yesterday from Jackson, Tann,
pe, AE wrk Fs Seu dae

FOR RENT~Two modern rooms, for Ment
housekeeping or gentiemen. Apply @6 MAPLE,
Argenta, ris orn

‘MRS. ALLEN FIELDS WILL ,
be plessed to meet all hor old friends
at the King Bee Cafe, especially the
Jadios, Don't forget the number, 115
Mala street. Open September 6,

, (Adv,)
a a
For fire and tornado Ineuranoce, sea

Gerlach Realty Company, phone 7171.
109 Wert Second.

a. m.

[See

npner shipped 220 cases of shoes

from Bo
today an

These
d will be on sale today,

ston shoe market.

'20 Cases

G47

A =f Washes aie

Lsoveral minutes,

Negro -Is First ‘in Arkansas. to
Be Electrocuted—Meets |
Death Bravely.-...

oF"

‘ os.

Loe Simms, negro, the’ first criminal
to die in Arkansas under the new elcc-
trocution law, was pronounced dead at
0:17 o'clock yesterday morning by Dr.
W. W. Coulter, physician for the Ar-
kansas penitenttary, after bis body had
been suvjected to a 2,300-volt current
for one minute and thirty secdods. Drs.
Martin I’. MeNeil, ¢ounty coroner, and
De. Mahlon D, Ogded, in turn, confirm:

‘lad. Dr. Coulter ’s decision a fow seconds

after the. eurrent ‘was'.turned off. the
Instiifime. The body'was removed from
the *‘ohair'’ and taken to a negro un-
dertaking establishment, where it was
prepared for burial: = °

At 9:07 o’slock the negro, accompa-
nied by a negro minister and Dr. Me-
Neil, walked unsupported from his cell
to the death chamber, With but slight
show of emotion he glanced at the tew
spectators. who, under the law, were re
qutrod ‘to witness an electrocution, then
turned to Superintendent J. V. Ferguson
aod asked, ‘*Can‘l prayf’’

Mr. Ferguson answered, ‘Say
thing you wish, Lee,’’ .

ee ‘Prays Before’ Death.

Simms then knelt with his hand ‘on

‘the death chair and prayed aloud for
J He then arose and un-
Instructed and unassisted, took his
place jn the chair, While Superintend-
ent Ferguson and Luther Castiing, pent-
tentiary electrician, were adjusting tho
a and terminals, Simms, sobbing,
said:
Uf This is the last, gontlemen. Won't
some, one sing ‘Till we meet againf’ ’'
Fora moment no ono started the song
and the negro then asked,, ‘‘Whero’s
the chaplain?’’ Beateely had he utter.
od these last words whia the singing
was started and Simms, in a clear voice.
joined in the song. The heavy leather
mask waa adjusted while the singing
continued and at the end of the sang
a signal from Dr. Coulter caused Elec:
triclan Castling to send the current into
the negro’s body. -

There was no nlgn of life after the
current was reduced from 2,300 to 200
volts and increased again to 2,300 dur-
ing tho short space of one minute. But
three successive shocks of 10 seconds
were given each duration in quiclesaue-
cession before Dr. Coulter annonneed,
‘* Ho's dead, gentlamen,'* and the wit-
nenses filed from the room to permit
the removal of the body.

Negro Tells of Dream.

Early yesterday morning Nimmn call
od for Chaplain L. Pomme and to him
told a etory of m dream of the night
beforo.

“EP dreamt I aaw iny = mother ina
anow white robe,'’ he anid. ‘‘Mhe was
surroundéd by angels and in a grove of
beautiful frult trees wan beckoning me
to come.’

Tho negro spent hin Inst houre with a
fow friends who came to soe him. Ie
was dressed in a neat suit and was well
groomed.

‘A brother of Bimma arrived at the
penitentiary a few mifiutes hefore the
death sentence was excuted. Tio was
ante to spend a fow minutes with

Imn-@, although in granting the per:
mission the authorition delayed the exe
eution. ;

Apprehension an to tho officioncy of
the eleetric chair wan dispelled when
Mleetricinn Cantling conducted the elec.

nae

trocution without delay and without
produaing convulslona or twitehingn in
the unconscious form aueh na innke
hangings horvible. Solemn wore of
gratiifention for Superintendent bers
Kuton and Mr, Castling were expronn-
ed by tho phyaleigns and legnl wit.
neases, and in ply aueut them Mr.
Ferguson said:

‘Tt waa a terrible thing and I feel
deoply gratified that we were enabled
to conduct It without error or mistake

that would have mada the orden! exw

NHBROG

The:. Ethiopian .Must - Make
Place for His-Own Progeny, |
_”, Says 'B.'A.-Willlams.

«Do not close the door of hope in the
face of the negro a was the appeal
made by Dr. K. A. Williame &t — the
fourth day's session of the Royal Circle
of Friends of the World yesterday,
‘‘and we will proauce a Iaw-abiding
class of: men in the future, To tell a
boy that there is no opéning for, him
because of hip race, or..color will meko
him « criminal” tk la
_ “The'negre must maké-placea for bjs
own boys'and girls, and that Js, just
what this organization is doing. Wo are,

getting fo the place where . we need
clerks, stendraphers, bookkeepers,
young people Who are prepared to do

things. Of course the white man is not
going to throw his children out to place
ours and it fe out of the question for
us to think so,''
F Convention Ends Today.
Yesterday was a busy day. aod with

will close it# eonvention to meet néxt
ear in Pine Bluff, The report of Prof:
V. T, Daniels of ‘vexarkana, grand sec:
retary, showed that his otficé had col-
lected during the past year: $23,768.18,
and had aseuteed for burial and mon-
ument fund $10,000; to grand treasurer,
$5,509.20; expenses of office, includin
aglary, $817.54; balance, $6,541.44.
This was considered a good showing and
this was in addition to $136,000, col-
lected in the endowment department.
Big Orowd Sees Parade.

Cheered by most of the negro. popula-
tion of Little Rock, which lined t
sidewalks, the Grand Circle huat ite 1
ee gc gg afternoon, It was a Dy
parade and one of the best from the
standpoint of marching, as well as spec-
tacular dispiay.
: The grand officers und the two wom-
en rode ih automobiles and cafriages.
It was concluded last uight with an ex-
Ibbition drill and public instalation of
officers at the auditonum. The foliow-
ing officers were installed,

rt,

A, Williama, M, D., dtelena, su-
rome president; Mlizabeth Jordan,
3rinkley, vien president; Sallie Kin-

driek, Marianna, grand governesa; W.
T. Daniels, Texarkana, grand secretary;
Maygio LL. Johnson, Madison, assistant
arand secretary; G, H, Warren, New-
port, grand treasurer; M. Monely, ‘lex-
arkann, past grand prosident; BL J.
Willlams, M. 1D., Forrest City, grand
medica] examiner; 8. LL, Keed, Poplar
Grove, master at arma; 8. L. Shorts, 1,
D,, Trenton, grand chaplain; ©. 1
Beat, Helena, grand commnnder; LL. H.
Potts, Forrest City, marshal; Inez Cur-
tis, Bagwell, Tex., grand Inner gu;
WJ, Graham, Augusta, grand outer
guard,

‘*Racial Progress'' was discussed in
a report made by the Nev. Dr. J. G.
Kobinson of Newport,

THA healing demulcent qualities of
Foley 's\}loney and Tar Compound are
not duplitated in any other medicine
for coughs an colds, Any substitute
offered you fv amtinferior article. Re-
fune to accept It for It can not produce
the healing and soothing effect of
Foley's Honey and Tar Compaynd. In.

sist upon the genuine, which contains
no opiates. Snodgrass & Bracy, Hol-
man Drug Co. anc Armistead Britton
Drug Co. (Adv.)

i Oe A ee
P. 3, O'BRIEN'S WELL-MADB
OLOTHES.

T am showing all the Jatest atylos
in material for yentlemon’s suitings,
and am prepared to give satisfaction
in fit, etyle and Anish, “a years of
experfence enable me to give my pa.
trons the best to be had in clothes. Qo-
Ing to close out apring goods to make
room for the fall season. P, J.
O'Brien, Merchant Tailor, 203 Weet

b lon thig: bh@ etrdle 1::: yw ;
a short session this morning..$h@-cirdle tina Me nee calling,

Harry Endicatt's.
“om Through . Fer
Persons:

rs
~

ieiet—Harry Ep-
dieott of Anderson, Ind., a brother of
*«Farmer Bill’’ Endicott, the noted
automobile racer, and Mary Sarata of
Jackson, a 10-year-old spectator, wero.
killed, and thteo persons injured here
this afternoon when :Endicott’s autp-
mobile craghed through a fence at the
race track when one of vr front tires

blew) up.) pee at any ee
1 the laird arg, Gobriga ead

Jackson, Mich.

“

s Angelesy. who wua act | Endt-
‘eott's mechanician; Mpa, Mabel Wal.
tere and Francis Hall; ‘years old,

both of Jackson. edict’s . condi-
tlon in serious. Newher Mrs. Walters
nor the'Hall girl was seriously burt. -
Endicott, with Henediet in the seat
beside him, wae driving @ 100-horse-
power Cutting car preparatory to fm
exhibition race againat Benedict herd,
tomorrow when the aceident occurred. :
Endieoté’: wag’ erushed ‘to death
Renedict wad
hurled from the ea. and one of the
rear Wheels passed over his body. The
Sarata girl wan instantly killed. The
egy bounding from a road scraper,
crushed her to death in a twinkling.

(r- SY
he oni a Man With
H

Eye on the Future
to Embrace the Oppor- |
tunity Now—

\y y

Not tomorrow or the
week after, but today!
Don’t hold off in mummi-
“fied contentment.

_ Investigate the won-
derful bargains offered
by Royston today.

50 Doz. Soft Shirts, attached

or detached collar, HOc

worth 75e and $1.00.

100 Doz. Wilson Bros.’ $2.00
Soft Shirts, soft turn-back

cuffs, soft collars * $1 00
Ol

to match ......

100 Doz. Wilson Bros,’ $1.50
and $2.00 Shirts, plain or

plaited $1 00

hosoms

560 Doz. Wilson Bros.’ $2.50,
$3.00 and $3.50 Silk and
Linen Shirts, soft

collar to match ... $1 65

25 Doz, Suits Lisle Under-

wear, worth 75 25c

and $1.00
$1.50 and $2.00 Crepe and

Hoisetto Union
Suite... .... 95¢

60 Doz. Men’s Lisle Union

Suits, knee length, b5c

worth $1.00 and $1.50
100 Doz. 50e Pure Silk Half

1 tot $1.00
$1.00°

STON

eee

ee ee

ROY

Markham street, (Advertisement.)

Hata .....
NEW OAPITAL HOTEL.

oral mere

rc 984 one nse

hy 2 ill

rt of 7 AM.
r left their
Little Rock,
»py—just the

etizer of the °

where they

reet, and as
here the big
vond an ex-
ith noticed a’
. half-block

ahead of them. It was a man and a woman, the
latter dressed in the white gown and bonnet of a
nurse, and they seemed to be engaged in excited
conversation. - ;

“Look at that couple,” the minister said to his
wife. “You’d almost think they were arguing about
something.”

“They do seem terribly wrought up,” she replied
nervously.. “I believe they are quarreling. See
how angry he looks.”

The man indeed appeared to be furious. He was
standing over the woman, his head bent so close

that it almost touched hers. He was talking to her
rapidly, and although the words were not audible
it was clear from the expression on his face that
they were not complimentary. The woman in white
shrank back from him, but he followed, continuing
what appeared to be a torrent of abuse.

“My gracious!” Mrs. Farmer exclaimed sudden-
ly, putting out a hand to stop her husband. ‘“He’s
pulling a gun out of his pocket!”

“He’s going to shoot!” the minister gasped.

As they watched in horrified amazement, a
ghastly drama was enacted on the sidewalk in

Bias a

front of the hospital. The quarreling
couple paid not the slightest attention
to several persons who hurried by on
their way to work. As the man drew
his gun, the nurse raised her arms in a
pathetic and futile attempt at self-
protection. He aimed the weapon at her
at point-blank range and pulled the
trigger again and again—five times in
all.

‘Passersby who heretofore had been
oblivious to the sidewalk argument
suddenly ran for cover to get away,
from flying bullets. On the nurse’s
white uniform, as she staggered across
the grassy boulevard, appeared omi-
nous stains of red. The gunman, his

‘ face contorted with hatred, watched
her ‘fall into the gutter and lay still.
Then, his smoking weapon still in his
hand, he whirled and dashed off south-
ward on McAlmont Street.

Nathaniel Benson, an employe of the

hospital who was less than 100 feet
away when the shots rang out, ran
over and bent down beside the quiet
figure. He was quickly joined by the
Farmers and by another passerby,
Minnie Jones, of 1015 Gaines Street.
- “{ heard them quarreling as I walked
by,” Miss Jones gasped, her face white.
“She was begging him to leave her
alone!”

Benson leaped to his feet. “I’m going
to get a doctor and call the police!” he
cried, and he raced up the walk to, the
hospital entrance.

Within less than a minute, in re-
sponse to Benson’s alarm, the wounded
nurse was surrounded by two internes
and several other nurses from the
institution.

Cross indicates spot where the unfortunate nurse fell as t

he’ gunman fle

“Why it’s Mrs. Barner!” one of the
doctors cried, amazed. “Who could
have done this?”

He gazed in consternation at the
multiple wounds in the woman’s body.
He felt for a pulse nnd then arose,
shaking his head.

“Nothing we can do,” he said. “She’s
dead—died instantly.”

[* WAS 17:07. that morning, May 4,
1949, when a squad car pulled up and
Detectives Paul Terrell and John Dil-
beck jumped out and joined the group
gathered at the curb. The two detec-
tives were followed by another car
bearing several patrolmen.

“Give us the story, please,” Dilbeck
said, taking in the scene at a glance and
realizing that he and his colleagues
had a homicide case to work on.

In a moment the two sleuths were
given the brief facts in the slaying. The
victim, they learned, was Mrs. Sallie
Mae Barner, 39, a nurse who worked
in the children’s ward at the hospital.
She was on her way to the institution,

scheduled to go on duty at 7 A.M., when .

she was stopped by this unknown man
who poured five bullets into her after a
heated quarrel.

“Did anybody get a good look at that
fellow?” Terrell inquired. “We need a
description of him—fast!” 4

Rev. Farmer and his wife stepped
up. “We saw him quite well,” the min-
ister said, still aghast at the violence
he had witnessed. “I'd say he was mid-
dle-aged and about six feet tall. He was
wearing a tan jacket like they had in
the Army, a light-colored hat and
faded khaki trousers.” i

“Which way did he yo?” Dilbeck

snapped, scanning the faces of the on-

lookers.

“J saw him run away,” Miss Jones
volunteered. “He went south on Mc-
Almont.Street and then turned east
into an alley.”

Dilbeck turned to the patrolmen and |
repeated the description. “Get on that ©
man’s trail,” he ordered. “He may be |
the neighbor- |

hiding somewhere in
hood.” ‘

Meanwhile Terrell went to the squad |

car and radioed the facts in the case

and the killer’s description to head-

quarters. Within a minute all Little

Rock prowl car men would converge ¢

on the area and make a systematic
search for the tall,
stranger.

“T don’t know what they were quar- |
reling about,” Miss Jones told Detec-'
tive Dilbeck, “but as I walked by them —
I heard the nurse say, ‘Please leave me ~
alone! I’ve got to go now—have to be-

on duty in just a few minutes!’ A mo-

ment after that he started shooting.”
Other witnesses verified this story, °

but no one could give any inkling of
the nature of the quarrel which had
ended with such cruel and devastating
suddenness.

“Whatever it was,” Terrell said to his
partner, “it’s apparent that the murder
was deliberate and intentional. He must
have known her, must have been aware
that she would be arriving at the hos-
pital at that hour. He came armed, and

- after telling her off he let her have it.”

“Hatred or jealousy,” Dilbeck nod-
ded. “It shouldn’t be too hard to idén-
tify the killer. A little inquiry into her

ore es

middle-aged.

personal
of the pe:
- That sc
the mom:
investigat
A sear
.38 calibx
sidewalk
tives plac
at that m:

“up and [

Sergeant
tion bur«
came Dr.
County «
While
examina’
Dilbeck :
and Serg
empty s!
“They
he said,
unless y
The cc
the grou
I think
her hea:

taneous.
After
snapped
ambulan
Roth fu
Meanwh
lowed t!

Detectiv
the attr

ts meant hatred.

ie go?” Dilbeck
faces of the on-

ay,” Miss Jones
it south on Mc-
hen turned east

ne patrolmen and
ion. “Get ‘on that
red, “He may be
1 the neighbor-

vent to the squad
facts in the case
sription to head-
minute all Little
1 would converge
ake a systematic
all, middle-aged

t they were quar-
Jones told Detec-
I walked by them
:, ‘Please leave me
, now—have to be
y minutes!’ A mo-
started shooting.”

-erified this story,
‘ve any inkling of
juarrel which had
iel and devastating

Terrell said to his
nt that the murder
atentional. He must
st have been aware
rriving at the hos-
e came armed, and
he let her have it.”
sy,” Dilbeck nod-
= too hard to idén-
ie inquiry into her

personal life ought to reveal the name
of the person who hated her that way.”
- That seemed a logical conclusion at

the moment, but it was wrong, as the.

investigators were soon to discover.

A search of the scene turned up five
38 caliber cartridge cases lying on the
sidewalk and adjacent turf. The detec-
tives placed these in an envelope, and
at that moment another police car drew

‘up and Detective Chief C. O. Fink and

Sergeant A. V. Walls of the identifica-
tion bureau joined them. Close behind
came Dr. Howard A. Dishongh, Pulaski
County coroner. ; ;
_ While Dr. Dishongh made a cursory
examination of the body, Terrell and
Dilbeck reported the facts to their‘chief
and Sergeant Walls scrutinized the five
empty shells. :

“They were fired by an automatic,”
he said, “but of course that won’t help
unless you find the gun.”

The coroner got to his feet and joined
the group. “She was shot five times and

I think several of the bullets pierced ~

her heart,” he said. “Death was instan-
taneous.”
After photographs of the scene were

snapped, the body was lifted into an’

ambulance and taken to the Healey and
Roth funeral home for an autopsy.
Meanwhile, the patrolmen who had fol-

lowed the trail of the fleeing gunman

Fal

re “

Detectives Paul Terrell (left) and Jo

hn Dilbeck—they had to look deep into

had come up with two interesting finds.

In the front yard of a house only a
few doors down the street from the
hospital they picked up a .38 caliber
Colt automatic—an old model whose
safety catch was missing but which was
otherwise in good condition. The smell
of burned powder was strong on the
weapon, indicating that it had recently
been fired. Y ,

Other searchers found a man’s tan

jacket in an alley off McAlmont Street.

between Ninth and Tenth, and sum-
moned the detectives to the spot.

“There’s a good chance this is the
killer’s jacket,” . Terrell remarked.
“Witnesses said he wore one like this
and took off in this direction. He may
have thrown it away in an effort to
change his appearance somewhat and
confuse the search.”

Dilbeck knelt down and fingered the
wool fabric. “There’s no doubt about
it,” he replied. “This jacket is perfectly
dry, whereas if it had been lying here
all night it would be wet with dew.”

A search of the garment’s pockets
yielded one puzzling discovery. It was
a clipping from a Little Rock news-
paper bearing the name and photo-
graph of a local society woman and a
short news account telling of her spon-
sorship of a charity drive.

“I don’t see what that can mean,”

the attractive victim's past to unearth the answer to the murder mystery.

Dilbeck said, frowning. “It probably
has no connection with the case at all.”

“Wait a minute!” Terrell cried. He
took the clipping and scrutinized the
photograph closely. “Notice anything
unusual about this woman’s picture?”

Dilbeck stared at it over Terrell’s
shoulder. “Say!” he exclaimed. “It looks
a lot like Mrs. Barner, the woman who
was murdered! You’d think it was her
twin sister!” :

“Yeah, but it isn’t Mrs. Barner. It’s
another woman entirely. Now where
does that take us?”

Dilbeck turned in astonishment to
Detective Chief Fink. “Do you suppose
this killing was a mistake? Could that
fellow have been intending to kill this
society woman, and murdered Mrs.
Barner instead?”

HIEF FINK debated a moment. “T

doubt that,” he said at last. “The
killer talked with Mrs. Barner for sev-
eral moments before he started to
shoot. The light was good. Even though
he might have mistaken the photograph,
I don’t think it’s possible that he could
have failed to recognize Mrs.. Barner
right there in broad daylight. ;

“No, I think we'll have to proce
on the theory that there was no mis-
take, and that Mrs. Barner was the in-
tended victim. But I'll admit that clip-
ping is a puzzling clue.”

After detailing other detectives to
make inquiries at the hospital where
Mrs. Barner was employed, the detec-
tive chief returned to headquarters to
direct the probe. There he learned that
the early-morning dragnet had resulted
in the stopping and questioning of two
men, both of whom were able to prove
their innocence and were released. The
killer was still at large, and by this time
it had to be presumed that he had made
good his escape.

Meanwhile, K. W. Newman, the
superintendent of the hospital, gave
investigators what information he could
about the slain woman. She had been
employed as a nurse for slightly more
than a year, and according to hospital
records was married and lived in an
apartment at 700 East Sixth Street.

“She was a fine, Christian woman
and an excellent nurse,’ Newman said.
“She was very well liked here, and we
know of no trouble she may have had.”

The name of the victim’s husband

was given as William Barner, 42, a
truck driver for a local freight forward-
ing concern.
_ Terrell and Dilbeck questioned a
half-dozen nurses who were acquainted
with the victim, but none of them
could offer any hint as to the reason
for the slaying.

“T didn’t know Sallie Barner too
well,” one of them said, “but I noticed
that she looked worried and nervous

‘for the last (Continued on page 75)

_—

Who was the menacing stranger who hounded Sallie

T WAS STILL a few minutes short of TAM. | ahead «
when Rev. and Mrs. C. H. Farner left their | latter d
home at 1011 McAlmont Street 1) Little Rock, nurse, <
Ark. The morning was bright and sn ippy—just the convers
sort of weather to make a spirited a) petizer of the ' “Look
four-block walk to the restauran’ where they wife. “Y
would have breakfast. somethi:
They strolled down McAlmont Street, and as — “They
they approached Eleventh Avenue, where the big nervous
brick University Hospital loomed |heyond an ex- how an;
panse of lawn and shrubbery, they »oth noticed a: The rv
couple standing on the sidewalk a half-block standing

P Lane a 2

Several passersby saw and heard Sallie Mae

Barner (above) submit to a verbal assault be-
fore a fusillade of bullets left her dying.

Official photo shows how the .38 caliber Colt
automatic - was found lying in a yard near
slaying: scene. It was the murder weapon.

Right: The man with the withered arm (second
from left) tells his story to Marshal Garner
{left), Detective Chief Fink and Prosecutor

unaway. They didn't believe all of it.

‘

Mae Barner, filled her life with fear, then

shot her dead on a Little Rock street?

Execution nears for white supremacist in Arkansas

@ VARNER, Ark. — Corrections authorities moved a white supremacist
to the death watch cell next to Arkansas’ execution chamber Friday as
' the Oklahoman’s scheduled execution nears. Richard Wayne Snell, 64, of
_ Muse, Oklia., is to be executed Wednesday night. He was sentenced to
death for the Nov. 11, 1983, slaying of William Stumpp, who was bound
and shot in the head during a robbery.

DALAS MORNING NEWS
SAT: Y-IS"9S

ae othe cele Ain ae

als de sean ttt Si ab ennai tt st

a a at

ALABAMA

MONTGOMERY — Gov.
James says he will keeping
fighting a judge’s order to over-
haul the states system of funding
public schools, even though the
state Supreme court rejected his
appeal.... ENTERPRISE —
Robert Council, 20, has been sen-
tenced to life in prison without
parole for his part in a 94 mur-
der that occurred during an argu-
ment over an assault rifle.

ARKANSAS Lp 79-95

TUCKER — Richard Wayne
Snell, 64, a white supremacist
convicted of killing two men, in-
SQ" cluding a state trooper, today

BS seeks a clemency board re-
me

—

prieve. He’s to die April 19. ...
LITTLE ROCK — A $1.4 million
federal grant to conduct 7,500
breast and cervical cancer
screenings for women over 50
was announced by Gov. Tucker.

ARKANSAS

TUCKER — After hearing
Richard Snell’s plea to “kill me or
turn me loose,” a state clemency
board recommended execution.
The white supremacist, 64, is to die
Wednesday for the ’83 murder of a
Jewish pawn shop owner.

6A + FRIDAY, APRIL 14, 1995 * USA TODAY °

er |

ARKANSAS

LITTLE ROCK — Two Arkan-
sas airmen missing in action in
southeast Asia were honored at the
State Capitol. Staff Sgt. Paul Jen-
kins and Master Sgt. Marvin Bell
have been missing for 25 years. ...
VARNER — Richard Wayne Snell,
scheduled to die Wednesday for
killing a pawn shop owner, has or-
dered fish and hush puppies, on-

| ions and salad as a last st meal.

6A « TUESDAY, APRIL 18, 1995 : USA TODAY

THE BOSTON GLOBE @ FRIDAY, APRIL 21, 1995

Arkansas inmate threatens governor, then is executed

ASSOCIATED PRESS

VARNER, Ark. - A white supremacist
threatened the governor and then declared
~ himself at peace moments before being put to
death for killing a pawn shop operator.

“Hell has victory. I am at peace,” Richard
Wayne Snell said before his execution by injec-
tion Wednesday night at the state prison near
Varner, about 60 miles southeast of Little
Rock.

Snell, who was also sentenced to life im-

prisonment for killing a state trooper, was pro-
nounced dead at 9:16 p.m., six minutes after
the lethal drugs flowed into his body as he lay
strapped to a gurney.

In his final statement, Snell said: “Well, I
had a lot to say, but you have me at an inconve-
nience. My mind is blurred, but I’m going to
say a couple of words.

“Gov. [Jim Guy] Tucker, look over your
shoulder, justice is on the way. I wouldn’t
trade places with you or any of your political
cronies.”

The US Supreme Court denied a final re-
quest for a stay.

Prosecutors said Snell, 64, was a member
of a white supremacist group called The Cov-
enant, the Sword and the Arm of the Lord and
that members of his circle were involved in do-
mestic terrorism intended to provoke civil un-
rest. Ge

Another white supremacist, James Ellison,
testified that Snell admitted killing pawn shop
owner William Stumpp in Texarkana in No-
vember 1983.

“He said that he [Stumpp] was an evil mah,
he was a Jew, and that he just needed to die,”
said Ellison, who was once leader of the su-
premacist group.

Stumpp was Episcopalian, not Jewish.

In June 1984, Snell shot and killed Trooper
Louis Bryant, who had stopped his van.

Snell was the 16th person executed in the
nation this year'and the 273d since the Su-
preme Court allowed states to restore the
death penalty in 1976. He was the 10th person
executed in Arkansas since 1976.

———

TC beh Conv) ! e c.
a Se teerers:
f° Ct/ pn a

“/
_S—

4) A> / peer —

.
?

— SS

VALLAS ——S>
SI0Qn mE
NewS

Supremacist
Is Executed

In Arkansas

By The New York Times

VARNER, Ark., April 20 — Rich-
ard Wayne Snell, a white suprema-
cist who expressed no remorse for
killing a Jewish businessman and a
black police officer, was put to death
by lethal injection on Wednesday
night, but not before delivering a
threat to Gov. Jim Guy Tucker, who
declined to block his execution.

“Governor Tucker, look over your

. Shoulder; justice is coming,” Mr.

Snell was quoted as saying by wit-

" nesses to his execution. “‘I wouldn’t
trade places with you or any of your :
cronies. Hell has victories; I am at '

peace.”’
Mr..Snell, 64, was pronounced dead

at 9:16 P.M. by the Lincoln County

coroner.

Mr. Snell was convicted of the 1984
murder of a Texarkana, Ark., pawn-
broker, William Stumpp, during a

' robbery and of the 1985 killing of an
- Arkansas state trooper, Louis Bry-

ant, who had stopped Mr. Snell’s car
for a traffic violation.

Mr. Snell appeared last week be-
fore the Arkansas clemency board,
but quoted Hitler’s deputy, Rudolf
Hess, and demanded to be either
executed or set free. He also said he
would ‘probably’? shoot Trooper
Bryant again ‘under the same cir-
cumstances.” The six-member
board responded by recommending
unanimously that Governor Tucker
not reduce Mr. Snell’s sentence. Mr.
Tucker followed the panel’s advice.

Arkansas authorities said Mr.
Snell had maintained his ties to radi-
cal-right organizations during the 10
years he awaited execution on death
row. In the days immediately pre-
ceeding Mr. Snell’s death, fliers pro-
claiming his innocence and accusing
President Clinton and Mr. Tucker of
treason and other crimes began cir-
culating in the state.

=A. 4-295

. Mr. Snell’s lead lawyer, Jeff Rosen-
, Zweig of Little Rock, had long argued

that Arkansas prosecutors “artifi-
cially enhanced the credibility” of
the principal witness against his cli-
ent by overstating the time the wit-
ness, an accomplice to the killing of
Mr. Stumpp, would serve under a
plea bargain.

But Judge Susan Weber Wright of
Federal District Court in Little Rock
refused to stay the execution, and a
panel of the Eighth United States
Circuit Court of Appeals agreed that
“Snell’s reliance on Kyles is mis-
placed.”

Associate Justice Clarence Thom-
as, acting for the Supreme Court,
declined to hear a further appeal.

“Mr. Snell had asked that no ap-
peals be undertaken unless Kyles
was decided, so we would have been
derelict had we not attempted to
obtain a stay,”’ said Mr. Rosenzweig,
who was assisted by William Curri-
er, an associate in the Manhattan
law firm of Case and White, and Beth
Haroules, a staff lawyer with the
New York office of the American
Civil Liberties Union.

In the late 1980’s Mr. Snell and
several co-defendants were tried for
sedition in Fort Smith, Ark. The
charges stemmed from their associ-
ation with the Covenant, the Sword
and the Arm of the Lord, a paramili-
tary organization that had head-
quarters in the north Arkansas hill
country. Mr. Snell had already been
convicted of the Stumpp and Bryant
murders and had been sentenced to
death. All the defendants, Mr. Snell
included, were acquitted.

While insisting they had taken no
extraordinary precautions against
possible efforts to interfere with the
execution, the police were visible at
the Cummins Unit of the Arkansas
prison system. Mr. Snell was taken
to the execution site here on Monday
by National Guard helicopter before
dawn.

Improbable
defenders can’t

halt execution

Jewish lawyer, NAACP
helped white supremacist

Associated Press -

VARNER, Ark. — A Jewish law-
yer and the NAACP teamed to help
the unlikeliest of clients: a white
supremacist who killed a black Ar-
kansas state trooper and pawnshop
operator he mistakenly thought was
a Jew.

Richard Wayne Snell, a white su-
premacist, was executed by lethal
injection Wednesday night for kill-
ing a pawnshop operator he mistak-
enly thought was Jewish.

Lawyer Jeff Rosenzweig of Little
Rock said that Mr. Snell’s political
beliefs never became an issue dur-
ing the appeals process. The
NAACP’s Legal Defense Fund said it
would never impose a “litmus test”
on inmates, even those like Mr.
Snell.

“There are inadequate legal re-
sources for people on death row,
especially in the South,” said
George Kendall, an associate coun-
sel for the Legal Defense Fund. The
group opposed Mr. Snell’s execution
on the ground that his prosecutors
unfairly cited his political beliefs at
the trial.

“There were a number of issues
in this case that were very impor-
tant to a number of issues the
NAACP is involved in, like the ad-
missibility of political views of a
person in order to establish crimi-
nality,” Mr. Rosenzweig said.

“The precedence would be equal-
ly applicable to black Muslims or
any political dissenter or someone
with an unpopular viewpoint,” he
said.

Mr. Snell was a member of The
Covenant, the Sword and the Arm
of the Lord, an extremist group
based in northern Arkansas. He was
convicted of killing William
Stumpp of Texarkana in 1983 in the
mistaken belief that Mr. Stumpp
was a Jew. .

Mr. Snell also was serving a life

sentence for killing a state trooper
in 1984.

— Pt ——

White Supremacist Executed |
For Murders of Jew, Black Cop

- New York Times

Varner, Ark.

Richard Wayne Snell, a white
supremacist who expressed no re-
morse for killing a Jewish busi-
nessman and a black police officer,
was put to death Wednesday night
by lethal injection, but not before

delivering a threat to Governor -

Jim Guy Tucker, who declined to
block his execution.

“Governor Tucker, look over —

your shoulder; justice is coming,”
Snell was quoted as saying by wit-
nesses to his execution. “I wouldn't

trade places with you or any of

your cronies. Hell has victories; I
am at peace.”

Snell, 64, was convicted of the
1984 murder of a Texarkana, Ark.,
pawnbroker, William Stumpp,,
during a robbery and of the 1985
killing of an Arkansas state troop-
er, Louis Bryant, who had stopped
Snell’s car for a traffic violation. _

Snell was pronounced dead at

9:16 p.m. by the Lincoln County,
Ark., coroner.

Snell appeared last week be-
fore the Arkansas clemency board,
but quoted Hitler’s deputy, Rudolf.
Hess, and demanded to be either

executed or set free.

icaieeeiammaan

_— eee

— —_

San Francisco Chronicle

NAT!

FRIDAY, APRIL 21, 1995

“roll any

es Ralph
and Wal-
They are
rotect the

was found
ians com-
lence than
tted fewer
ddition, it
generation
»proximate

rm.
it Italians
than rob- —
on italians
nany rob-

al rate

iy rob-

to be-
uans inci-
can: way in

er national
n cultures
- are rela-
crimes com-
.s robbery,
se groups—.
eks, Lithu-

not more
; They - do
t pattern of
ed to lose
econd gen-

an observ-
motives for
second-gen-
t generatren
i; the second
2 course O

stories that
1 immigrant
a woman he
r years and
told him she
_ demanded
at him with
ay from her

3 wife after

is own illegi- -

t the son.
a card an
il friends. A

aurders found
nd-generation
3; engaged in
ick, shot and -
ered. Another
to collect for

liquor which he had previously de-
livered. A quarrel over money ensued
with the proprietor and—accidentally,
he claimed—he shot the proprietor
with the latter’s gun.

(CRIMES of_ passion occur also, of

course. One second generation
youth quarreled with another man
over a girl hostess in a saloon. A little
later he followed his rival out of the
place, and hit him over the head with
a_ pick. Crimes of passion are a part
of all cultures. What is interesting is
the fact that, among immigrants who
adopt American customs, they become
much less frequent until they blend
.completely with the American pat-
tern.

The American Negro has also been
abused for his alleged criminal tend-
encies, particularly for his supposed
hot temper and tendency to violence.
The inherent tendency of the Negro
to crime, however, is a myth.

-« If you don’t think so, listen to this:
the average homicide rate in America
per 100,000 population is 9.2. But the
rate for Negroes living in New. Eng-

' land is only 3.1, or about one-third
that of the average.’ It is true that
Negroes living in the South, where
all crime rates are high, also have very
high rates. But since their Northern
brothers have an exceptionally low

rate, it is obvious that their high rate
in the South must be explained by
factors other than the fact that they
are Negro.

This differential between the North
and the South, interestingly enough,
is true of many other countries, nota-
‘bly France and Italy. The crime rates
of Southern Italy are in general about
five times higher than those of North-
ern Italy. No one is entirely sure why
this is so, but it seems to depend upon
a number of features in the cultural
pattern.

It is pointed out that in Italy life is
harder in the South than in the North.
Agriculture exists under difficult con-
ditions, feuds are quite common, high
unemployment is the rule, and feudal
traditions from the middle ages still
persist. All this, it is thought, may
contribute to the higher crime rates.
But conclusive information is not
available.

We are fortunate. that science has
been able to give us conclusive evi-
dence on the role of our foreign min-
orities in crime. We are fortunate, be-
cause the knowledge gained enables
us to go forward in the great Ameri-
can way, without fear and without
hate, offering the hand of brotherhood
to all who genuinely share our ideal of
freedom and equal opportunity for all.

THE END

DETECTIVE

Blackwood then,” he said quickly.

“Oh, she isn’t a stranger to you?” the
officer continued. “When did you see
3 herilast?”

‘ Harris rubbed his forehead. “I guess
j about two or three weeks ago. I just
4 happened to see her in North Little
j Rock. But she was with a man and I
1 didn’t speak. What about her?”

“You didn’t know Sallie Barner was
murdered yesterday morning?”

‘ Harris clenched the chair. His hands
, trembled as he poked into his pocket
for a pack of cigarets.

“No, I didn’t.”

j “Where were you yesterday morn-
ing?” The lieutenant studied the man.

“Why, I got up early, left my room
and wandered around town. I was
‘going to look for a job.”

._ “Didn’t you tell me you left Mrs.
ens because you had a new
jo ”

Harris lowered his head. —

Yet under a two-hour grilling he’
stoutly denied he knew anything about
the death of the nurse. inally Kerr
ordered him booked for investigation.

“We'll find out real quiek if you are
telling the truth. A dozen people saw
the man who fired that gun,” the lieu-
tenant commented.

_Yet as a sergeant led the suspect out
Lieutenant Kerr kept staring at the
door the aide had just drawn shut. He
did not look ing rd so confident ‘as his
parting words had sounded.

“I don’t know,” he murmured, his
eyes red from hours spent on an as-
signment with murder. “He fits the de-
scription. He knows the woman. It fits
perfectly. In fact too well.” ,

aes Keil a tian i a sleet,

HE, spent a few hours resting.
i Hardly had a new shift gone on
| duty when he returned. And not far

4 FAL Pulling That Trigger

(Continued trom page 37)

behind him came Chief Fink. Quickly

Kerr related how Harris had been’

nabbed and how the man had denied
~, knowledge of the killing.

et, like Kerr, the chief wondered
as the lieutenant numbered off the
ties that bound Harris to the murder
case.

Suddenly he hunched forward.
Speaking into an inter-office com-
munication set he directed that a car.
be sent to bring Reverend Farmer and
Minnie Williams to the station.

The pastor arrived first. A few min-
utes later the woman, who was still
shaken by her experience twenty-four
hours before, was escorted into the
office.

“Do you have something new on this
terrible thing?” Reverend Farmer
asked anxiously.

“We don’t know,” the chief replied
Leading the way into another room he
explained he wanted the two to watch
a “showup.” As they were seated, six
men were lined up before them, well
guarded by officers. .

“Why,” the minister gasped, “that
man, the third on the left, looks sort
of like the man who tossed the gun at
my feet.” Fink turned to Mrs. Wil-
liams. She was studying the same man
intently. :

“I can’t be quite sure,” she finally
admitted. ;

Chief Fink motioned the two back to
his office and asked that Joe Harris
be brought in.

Reverend Farmer and Mrs. Williams
sat nervously as they waited for de-
tectives to bring the suspect before
them. At last the door swung open and
the man shuffled in ahead of. two
plain-clothesmen.

Fink and Kerr watched the wit-

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* nesses. They peered hard at Harris.

~ her if there was anything wrong she,

‘minutes after tragie shooting.

the most daring killers I have ever run into,” Fink com-
mented to Kerr as they sped toward the station.

“And do you think he has picked out another victim?”
he puzzled. ‘‘Why did he have this photograph from the
paper and why. would he have a picture of Mrs. John
Kerrigan?”

He didn’t have to explain to his lieutenant that Mrs.
Kerrigan was one of Little Rock’s most prominent social
leaders.

Kerr stroked his chin. “It’s better to be careful than
sorry,” he muttered.

A few minutes after reaching headquarters Fink
signaled for two detectives. He explained briefly what
their mission was to be. He did not want to alarm the
social leader, he explained, but he wanted a guard to
protect Mrs. John Kerrigan.

And, he added, he would like to know what she knew
about Sallie Barner, or about the killer who pumped five
shots into the woman.

From his office Fink followed the hunt for the killer.
Reports, however, were far from encouraging. Despite
the detective chief’s hunch that the man had hidden in
the neighborhood, not a trace of him had been. found.

The Arkansas State Police had thrown its far-flung
units into the search, not only on
main highways but on_ seldom-
traveled roads. Sheriff’s deputies
joined the parade.

It was nearly noon when a ser-
geant told Chief Fink the victim’s
husband had arrived at the station.

“Lord, Chief,” the man rushed
into the office, ‘who could have
done this?”

“TI don’t know, Mr. Barner,” Fink
answered slowly. “I thought per-
haps you might give us some help.”

“If I only could!” the husband
broke into sobs, lowering his head
into his arms.

Regaining his composure Barner
told the official he had married Sallie
Barner eleven months before. They
had been extremely happy, he said.

“Had your wife shown any signs
of nervousness or fear during the
past few days?” the chief pressed.

Barner hesitated. ‘Well, she did
act sort of funny but when I asked

laughed and said no.”

“Did you ever have any trouble
with her?” the officer shot the ques-
tion at him.

The man looked up startled.
“Look,” he retorted, “you don’t
think I had anything to do with
this?”

“No,” Fink replied, “but think
hard. You might uncover the lead
we are looking for.”

The chief warned Barner to keep
in close touch with headquarters and
the husband, his shoulders bent,
walked out.

The clock spun off the hours. It
was after six Pp. M. when Fink tapped
his hat onto his head and locked his
office door. The chief’s mouth was
a grim line. The mysterious killer
had vanished despite the alertness of
the officers in throwing out a wide-

Detective Chief Fink examining
death gun that killer discarded

spread dragnet, from which escape seemed impossible.

ig WAS just two hours later when Detective Biggs
sauntered into headquarters. His drawn face reflected
his weariness after more than twelve straight hours on
the case. He hastened into Lieutenant Kerr’s office.
“This Kerrigan lead may be all right,” he reported.
He went on to explain that Mrs. Kerrigan had returned |
home from a visit only a few hours before. The woman
was visibly shocked when she was told of the murder.
And, the officer declared, evidently she was frightened
when he informed her the slayer carried her picture.
She said the description of the killer fitted a man who
had appeared at her house some weeks before and who
had been employed to do some yard work at the large
Kerrigan home.
“She said the gent’s name is Joe Harris, so now,” the
detective added wearily, “we got a pick-up for him, He
has a mild record. Picked up a couple of times for drunk-
enness and for investigation. Nothing serious. He
wouldn’t sound like a killer except—”
Then the officer related that Mrs. Kerrigan had told
how, only a few days before, Harris had walked into the
house unannounced. When she asked sharply what he ,

ionable
Throug!
They w
with th
Office
checkin
a buye:
killer.
And :
Patro
along 1c

» seemed impossible.

ren Detective Biggs .

drawn face reflected
ve straight hours on
ant Kerr’s office.
right,” he reported.
2rrigan had returned
; before. The woman
told of the murder.
‘ she was frightened
arried her picture.
‘ler fitted a man who
2eks before and who
‘d work at the large

Harris, so. now,” the
pick-up for him, He
2 of times for drunk-
othing serious. He

;. Kerrigan had told

had walked into the .

ed sharply what he

wanted she said the man glared at her, frightening her.

“I demanded he leave,” she said. “He started toward
me and shoved his hand into his jacket. I became ter-
ribly upset, but suddenly the cook came into the room.
The man turned and walked out. That’s the last I have
seen of him.” ;

Mrs. Kerrigan had never heard of the victim of the
MacArthur Park slaying, reported Biggs.

“This Harris sounds good,” Kerr snapped.

Minutes later police radios blared the pick-up. Tele-
types rattled the news to state patrol units in adjoining
states. : .

Investigators combed the city. Hotels, from the fash-
ionable ones to cot houses on skid row, were checked.
Throughout the night prowl cars stopped late-goers.
They were sent on their way when they failed to tally
with the description of the man the police were seeking.

Officers disturbed the sleep of pawnshop operators
checking the sales of pistols. They were trying to find
~ buyer who would answer to the appearance of the

iller. :

And shortly after midnight the police scored.

Patrolman T. B. Anderson was cruising his prowl car
along lower Broadway when he spotted a man leaving

a tavern. He nudged his partner, G. E. Hickey, and
nodded toward the pedestrian. “Look at that man,” he
ordered, pulling the car to the curb.

As the suspect turned a corner he was silhouetted by
a street light. The patrol car crawled in slow pursuit.
The officers drew alongside and called him to the auto.

“What’s your name, fellow?” Anderson asked sharply.

“Look,” the man mumbled, “what do you want with
me?”

“Maybe nothing,” the officer retorted. “What did you

“say your name was?”

“Jack Wilson,” the man answered.

“Not Joe Harris by chance?” the patrolman shot back.

The man swallowed hard and stirred nervously. The
officers slid quickly from the car. One pinned the man’s
arms. The other pulled a wallet from his pocket.

“Jack Wilson?” <Anderson questioned. ‘This identifi-
cation says Joe Harris.”

“All right,” the man said slowly. “That’s my name,
so what?”

“Let’s take a run down to headquarters,” the officers
suggested firmly. Harris stepped reluctantly into the
front seat of the car, and they drove off swiftly into
the night. Anderson was eager to bring the suspect in.

@ LENCE marked the short trip to
the station. Harris once started
to open a conversation, then left the
attempt dangling.

The patrolmen found Lieutenant
Kerr ready to depart as they ush-
ered the suspect into his office. In a
low voice Anderson related how
they had picked Harris up. Under
Kerr’s questions the man admitted
he knew Mrs. Kerrigan.

“Why did you leave her place so
suddenly?” the lieutenant inquired.
Harris colored. “Oh, I had found
a better job.”

“Where did you meet Sallie Bar-
ner?” Kerr exploded the question.
He watched Harris intently.

“Sallie Barner?” the man re-
peated. “I don’t know any Sallie
Barner.” ‘
“Where’s your .38 pistol?” the of-
ficer shot at him, :

“Why, I guess it’s in my room,” he
replied haltingly. Kerr rose from his
chair, pulled out a key from his
desk, and unlocked a cabinet. He
turned toward Harris, shoving a
pistol at him.

“This couldn’t be it?”

The man frowned, his face paled.
“Why, it’s the same kind, it looks
like it, but my gun was in my
dresser drawer the last time I saw it:
But why all these questions?” he
asked, panic creeping into his voice.
“You still don’t know Sallie Bar-
ner?” Harris shook his head. Once
more the lieutenant stepped to the
cabinet, this time drawing out a pic-
ture of the victim. ~

The suspect peered at the photo,
looked up slowly.

“I know this woman. I met her
when we were working at the
Arkansas State Hospital. But her
name was (Continued-on page 77)

Chief Fink (left) and Robert L.
Smith, confessed slayer who has
been sentenced to die in chair.

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a Fo os oe no en os Oem SS

Mrs. Williams dropped her head, then
studied him from another angie

The man looked back at her and
Reverend Farmer, but his face showed
no recognition. .

Then the detectives led Harris away.

“Well?” Fink asked anxiously.

“He is the same size, same build, but
I am afraid he is not the man,” Rev-
erend Farmer said.

Mrs. Williams nodded. “I couldn't
be sure at first but after seeing him
close I ‘am-positive he is not the man
who did thé shooting.”

The officials thanked the two and
ordered them returned to their homes.

Kerr, showing bitter disappoint-
ment, slumped in a ‘chair as the wit-
nesses disappeared down the hallway.
“Let’s bring Harris in again,” the lieu-
tenant urged. The officer himself
walked to the jail after the man and
returned him to the chief's office.

“Okay, Harris, ’m sold on letting
you go,” Kerr began, “but before we
do I want you to try to remember one
‘thing. You say you saw the nurse
about a week or two ago. Where did
you say she was?” a4

With the finger of suspicion on a
murder rap lowered, the man ap-
peared more at ease.

“Why, I saw her in North Little
Rock. She and Smith were talking
angrily. They seemed to be quarreling.
That’s the reason I didn’t bother . to
try to speak,” he recalled. :

“Smith?” both officers asked quickly.

| “Who is this Smith?”

“Why, he worked at the state hos-
pital the same time we did. They went
together. When I left they. were still
there but I heard they had gotten mar-
ried or something,” Harris continued.

Despite added questioning the man
was able to offer little more about
either of the two. He was ordered re-
leased from jail. But before he hit the
front steps the Little Rock officials
were galvanized into action on a new
scent. eo

“This Smith may not mean a thin ‘ed
Chief Fink spoke to Kerr, “but the
way things have shaped up we can’t
miss a trick.’ He rushed an order to
two plainclothesmen to brin in Bar-
ner. Kerr already was on_ the phone
talking to the state ard pe

The lieutenant tapped a cigaret hard
on the desk with his right hand while
he held the receiver in his left. Sud-
denly he dropped the cigaret and
reached for a pencil. He made quick
notations, and with a curt “thank you”
he cradled the phone. : 3

“This must’ be our Smith,” he
blurted out. The personnel director, he
continued, listed a Robert L. Smith,
40. He had left the employ of the hos-
pital about the same time as Mrs. Sallie
Blackwood. The hospital official had
added he also understood the two went
together while they worked there.

A knock on the chief’s door inter-
rupted the brief history of Smith as
Barner walked in.

“Do you know a Robert L. Smith?”
the chief asked.

BA dropped his head. “Well,
I guess’ it has to come out. He
was Sallie’s husband but it was on
account of their marriage that he is in
the pen.”

; “In_ prison?” the officials exploded
in unison. : .

“Yes,” the man went on. “He was
on parole from Huntsville prison down
in Texas. He and Sallie got married
in 1947. He said he thought he was
divorced from his first wife. But. he

found out he wasn’t and he was

charged with bigamy. They revoked
the parole and he got sent ack to do
another three years.”

“Heavens, man, why didn’t you tell
me this?” the chief demanded.

“Well, I didn’t want this, to be
rougnt out. After all Sallie is dead,
and the way she died is bad enough—”

“But this man could have been the
killer,” the officer answered . him.
heatedly. ; ;

“J am sure he is in prison. Sallie got
letters from him not too long ago—”

Barner stopped suddenly. He stared °

silently at the floor. “I wonder. Maybe
that’s what was making Sallie seem
different and nervous.” .

“We'll soon find out,” Kerr inter-
posed. And it was not many minutes
before he learned that Robert L. Smith
was free. i

Officials at the Huntsville, Texas,
penitentiary reported by phone that
the oer had been released
March 9. | é .
“Barner,” Fink asked, “do you know
whether your wife had a picture of
Smith?”
~ The husband paused a minute. He
told the chief he believed she had a
snapshot of him.

Once again a police car nosed out
of headquarters. In the front seat with
the driver was Barner, and it was at
his house that the auto soon pulled to
a stop. The officer walked in and
waited while Barner shuffled through
his wife’s belongings. After a search
he opened a wooden box. It was stuffed
with letters and photographs. .

Barner looked at one, then handed
it to the officer, who barely waited to
thank him. , .

At headquarters the picture was
rushed to the photographic depart-
ment and blown up to a large size. And
once more Reverend Farmer and Mrs.
Minnie Williams were taken to the
station. They looked at the photo. —

“That’s the man,” the woman
screamed. :

“Of course, that is he,” Reverend
Farmer nodded grimly. “There’s no
mistaking him. I am positive.”

wow the manhunt was on in dead
earnest. The law knew whom it
wanted. Over long-distance phones,
teletypes, and radio, word was flashe

for the pick-up of Robert L. Smith,
the daring killer.

The day and night wore on. The
hours left officers dog-tired, but there
was not a sign of the murderer. From
several corners of the state poured in
tips that Smith had been seen. The
officers checked every tip, but found
all were futile.

Cold morning light. entered Fink’s
office window as he continued to

‘maneuver the manhunt. Ash trays

overflowed with cigarets as officers
came and left.

The officer rested his head for a
moment on his desk when the phone
rang sharply. Wearily he reached
for it; then suddenly the weariness

faded and a slight smile creased his .

face. -
“Why, yes, I would like to talk to
you,” the chief spoke cautiously. “That

. will be fine. I’ll be right over.” Hardly

had he shoved the phone down when
he buzzed savagely for Kerr.

“A man who said he was Smith just
called,” he announced. “He said he
wanted to give himself up. He said he
will meet us in: Jacksonville.” The
chief referred to a small town only a
few miles distant from Little Rock.

“Lord help us, if somebody is trying
to hoax us,” he pounded his desk.

Again his be
snatched it qu:
- “What?” he }
mouthpiece.
relief. We will
wiped his brow
“That was Pc
of Jacksonville
has our boy Sm
ing a report the
Ing in a barn. }
-on the street. It
ree hours
Smith said sh
Slaying of Salli:
He said after
he went to Litt
pik the wom
made an a i?
North Little Re
Smith said sh:
and that he ask
he said he had 1.
been returned t
She appeare:
would get it fo
me to meet he:
But she didn’t s
ing ae "the Bio
,a e Uni
decided to lay j
sorry the minut:
but I just coulc
trigger.”

reward for inforr
apprehension of t
yen Legion post
a citizens’
$155—making As
reward was one 1
elusive murderer
.enough to sneak
Parish house wit
anyone but the -
very Officer in R
quainted with th:

On Tuesday mo
dents of Jef
walked to classes
but the brutal at
was speaking w.
‘The direct caus
phyxiation,” the
If the victim h:
death small bones
— been broken.
can’t say wh:
suffocate te inc!
liar marks on th:
ridges in the bru
ment of death wa:
bruises there. Whe
-that was you’ll hay
to the killer.”
Captain Webb w
exhausted every |
- Said. “We have ;
‘know very little mc
crime now than v
after we were call:
_The gloom that
&inia city like a d:
phasized in the hon
Detectives Winst.
turned from Black.
ing the night ch
grounds and reput

‘with whom Dana

Sunday. They felt

the Arkansas State Hospital. Using the 12th or 13th. She isn’t here, so I will drive
name Sallie Mae Blackwood, which the on to Little Rock and have a private eye
court had restored to her, she joined the locate her. I know all about Mrs. L. R.
ight. staff of the Ellington Memorial Hospital Stockley, Jr.”
sans in Atlanta, Texas. Two years later, she On the back of the photograph was the
Res- was back in Little Rock where she mar- following message: “I have money to
into ried Barner and started to work at the ruin Sallie Mae. Mrs. L. R. Stockley, Jr. 9 i |
out University Hospital. —Hal Hat Hal"
the The mother went on to relate that she Requested to search her memory for e
knew little about Sallie Mae’s personal something that might throw some light on I C h P
p to affairs during her stay in’ Texas. It was the puzzling situation, the mother could n as rizes
: the clear, reading between the lines of her recall nothing to help uncover the writer's
1 his letters, that she was depressed about identity or to establish any logical theory
hout something. However, after a few months for his reference to Mrs. Stockley. For
SCUS- her communications seemed — to indicate “Well, you must have discussed these
gave that she was no longer in an unhappy notes with your daughter,” Dilbeck sald
frame of mind. finally. “What did she have to say?”
spot “If some man had been responsible for “TJ had no chance to talk the matter over TR T |
Lean, her feeling blue,” she continued, “T gath- with her personally,” the mother replied.
vhich ered that time took the sting out of what- “T haven't seen her since I received them. e
rried ever had troubled her. Until three weeks I didn’t want to go into any detail in a
cause ago, I had no reason to recall that phase _ letter because I thought it might stir up S C ] D ‘1
down in her life. Then something brought it more trouble between her and her hus-
back to my mind and convinced me that — band if he were to read it. So I wrote her ee omp ete etal S
d to a man had been at the bottom of her un- to phone me at once. When she called me,
iotify happiness. I didn't pay too much attention she seemed disturbed and told me that if In the
scene to it because I thought he was a crackpot anyone came to inquire for her, I shouldn’t
or something like that. But now that this eek eg her address. She said she'd talk FE A Y
tale, dreadful thing has happened—” she broke things over with me when she had a 4 j
r the into fresh tears and sobbed “—oh, I’m so chance to pay me a visit.” BRU R Issue of
izens, confused about it all.” Convinced that they had obtained all
d by, When she regained her composure, the possible information of value, the officers j RUE
Jones detectives gently prodded her for details. started back for Little Rock.
ddled She stated that on April 9th she had re-
dered ceived a puzzling letter which was signed HILE they were on their way, a report
“Little Boy” and which had been mailed on the autopsy, performed by Doctors
niacal the previous day at Marshall, Texas. Four Albert G. Smith and Anderson Nettleship,
h the days later she found a still more puzzling pathologists at the University of Arkansas, a
t due note and her daughter's photograph on her arrived at headquarters. Confirming the Magazine
were porch, On the back of the picture was a opinion expressed by the coroner, It stated
joctor scribbled message and the name Mrs. that one slug had pierced a heart artery
been Stockley. and two the chest wall and the lungs. The On Newsstands Wed., January 10
“Stockley!” exclaimed Terrell. For a other two, lodged in the arm, would not (Reserve Your Copy NOW )
‘e the long moment the detective exchanged have caused death.
'§ was glances with his partner. Recovering from Though there was no doubt in the minds
March his surprise, he turned to the mother and of the police that the .38 Colt was the
mur- eagerly inquired, “Did you save those death weapon, they required unbreakable BOO LETS
r, the messages?” legal evidence of this fact. Accordingly, | ‘rhe kind srownups tiks, Kinch one of, thes, bookleta Je
was She nodded, excused herself and soon they sent the pistol, together with the aa fats hogkiota ALL. DL PRIA eloped oi
tt. the returned with the missives. Studying — bullets retrieved from the body and the Se eee arden: AT AL. Oe esac matte nad wddrone'
He them, the sleuths were quick to note that empty cartridge shells found at the scene, | ™"” ‘TREASURE COMPANY
they had been written by the same hand, — to the state police laboratory for ballistics | 2 Allen Street Dept. 601 New York 2, N. Vv. .
— In the one yo got from ran nerd 4 nig recteinannet a i i eye Amaze Friends With This Clever Trick!
| wrote, “I will be at your home on the 12t eutenan an R. Templeton, the fire- ,
J | or 13th. Tell Sallie Mae to be there. If not, arms examiner, found that two of the CHANGE NICKET?
ones I’ll see her wherever she is. So I hope slugs were useless for testing purposes c
you'll have her at home.” because they were battered and _ badly
— The note left on the porch stated, “I scored. However, the rifling marks on the i
wrote you from Marshall, Texas that I- other three were identical with those on pra y REE WITH YOUR ORDER @ 3 ¢
would be here to see Sallie Mae on the sample shots fired from the weapon. Lane’ ceyauce o soe ie cighaanibt = 73
D. ROBBINS & CO. 4. i
131 W. 42 St., Dept. D-99, N. ¥. 18, N.Y.
ite Store Route Pl
SELL COUNTER CARD PRODUCT:
headed Callen Genters of at ingas oh Xo nation:
“Not so ally-advertised Aap e neccesities, Big Se
she was Gaede sunrise
trouble ree poeRLD'S PRODUCTS CO. —_imeaatitii
ave be- Dept. 16-R Spencer, Indian
suse she nmeentins
wusband. hot ; ° i a
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but in- 0 bss rf e
ve been ® Prove it yoursel? no mattor
ch case, a rig | you pave. tried,
ng over selec and gabon, Pack:
n would “eranhie’proof of remults
pointed oth ) sent FREE, Writeforit,
Don’ smrataheeusema
arm. fortnatat mgeagis atin Passp D FOR
an in- disease Fecrining, a ane °
between moll. Touran body 2 . ;
husband sony: Gaara of muterin, .
ivestiga- van Peper ie ted paces urs ually dis: on
= toorare toa ig Sta'oy nag dete aa He eked e
men to ive defin' in tJ r
er sed “TE juat can’t atand to see you working like that, Gertie— Cereal ae eS “ rae .
. L"ovn goerdengg vegpmtastore tar erent”? eat Tom EEO Wentle, multi sine director. wrtiy
“ae einem HAG MRM ae aaa
Box 3028, Strathmoor tation, Dept. 4808, Detroit 27, Mich. 79

Everybody Thought fim Harmless

(Continued from page 7) telling lies on
me,” Jones confided one day to Eddie
Laird, a consultant for the U. S. Corps of
kngineers.

Laird had always treated Jones with
kindness and in turn Jones regarded him
as a hero. However, Laird, knowing the
vagaries of Jones’ mind, realized that his
threat was not to be taken lightly.

He went immediately to McLean and
told him what Jones had said. McLean
was shocked and asked Laird to try to
reason with Jones and convince him he
was wrong.

“I have never told the sheriff he en-
tered that cabin or said anything else to
the sheriff about him,” McLean explained.
“Why then should he feel that way about
me?”

Laird returned to Jones and told him
what McLean had said. “At that time,
Jones believed what McLean told me to
tell him,” Laird was later to testify.

Nevertheless, Jones couldn’t get the
thought out of his mind. Mrs. Lucille
Holland, who also was well acquainted
with Jones, picked him up in her car
one day as he hitchhiked along the road
to town.

Passing McLean on the road, Jones
ducked down from view and _ scowled.
“That’s a mean man,” he said to Mrs. Hol-
land. Fearing that Jones might do her
harm if she disagreed with him, Mrs. Hol-
land passed his remark off lightly, hoping
that he would soon forget all about it.

Events were drawing closer to their
dreadful climax now. McLean, having
some unexpected guest-fishermen at his
resort on February 21st, 1950, left his
wife to run things while he drove into
Pottsboro for more supplies.

At the same time, the sulking mad-
man was watching him from a wooded
thicket as he left a dusty trail along the
road. Instinctively, he realized that the
resort owner would be coming back the
same way soon and he scurried through
the brush to set his trap. The wintry day
was coming to a close as he squatted tense-
ly under the bridge, waiting the approach
of his quarry.

He had not long to wait. McLean gath-
ered up his supplies in town and sped back

over the road with what he needed for
his guests.

About half a mile from his resort, he
was suddenly brought to a stop by a
log smack in the middle of the bridge
which he had to cross. He had no sooner
stopped than Jones strode up with the
rifle cradled in his arms. McLean recog-
nized him at once, but apparently the
thought never entered his head that Jones
was after him.

“Hey, Frosty,” he called out, “move
that log so I can pass, will you?”

About the same time, another car car-
rying Mr. and Mrs. E. H. Perrin came to
a stop a few feet behind McLean’s car.
The Perrins had known Jones for years
and he was particularly fond of them.

Perrin also commanded Jones to move
the log, but he stubbornly refused to
move. Irritably, McLean stepped from
the car to remove the log himself just as
Jones said, “You lied on me and I’m gonna
get you for it!”

NLY then did McLean realize what the

road block and Jones’ presence meant.
He started toward Jones who coolly raised
the .22 rifle he always carried and fired at
point blank range.

McLean was hit in the chest, but he
turned and started around the Perrin car.
Slowly and deliberately Jones continued
firing, the slugs ripping into McLean’s
body.

At last McLean fell face downward by
the running board, right before the cyes
of the horrified Mrs. Perrin. Both she
and her husband were too stunned to
move.

As they crouched down in the seat of
their car, Jones walked over to them,
casually fingering the trigger of his rifle.

“I’m sorry you had to see this,” he said.
“But you turn around and go back to
town and don’t tell anyone what you just
saw.”

Perrin did as he was told, and the killer
walked over to where McLean lay bleed-
ing and crying for mercy. Placing the gun
against his victim’s back, he pulled the
trigger twice more. McLean twitched and
lay still. Altogether, seven bullets had
pierced McLean’s body.

After the Perrin car was out of sight.
Jones reached down and took McLean's
billfold from his pocket in a parting ges-
ture of revenge. Then he vanished into
the thicket, disdainfully throwing out
mementos and other papers except the
currency from the billfold.

Reaching his home, he stumbled up to
his attic room after carefully putting the
gun in its holder. Then he changed his
clothes and left the house again without
bothering to eat. His family, long accus-
tomed to his strange behavior, hardly gave
him a second thought.

Now the scene shifted again to the spot
where McLean had fallen, Mrs. McLean,
alarmed by the sound of shots which
broke the late evening quiet, had hurried
down the road to find out what the cause
was, There, heartbroken, she knelt down
at her dead husband's side.

Meanwhile, Perrin had returned to
Pottsboro to sound the alarm and notify
Sheriff Dicken who hastened to the scene
with two of his deputies.

After hearing Perrin’s breathless tale,
Dicken and his deputies headed for the
Jones farm with a group of irate citizens.

While the unbelieving family stood by,
the officers searched the premises. Jones
was found after a brief search, huddled
in an old shed. Meekly, he surrendered
to the sheriff.

Barely three weeks later, the maniacal
killer went on trial for his life with the
defense pleading Jones was innocent due
to insanity. Numerous witnesses were
called, including the Jones family doctor
who testified that Jones had always been
insane.

Their arguments failed to convince the
jury, however, who found that Jones was
able to tell right from wrong. On March
15th, 1950 they found him guilty of mur-
der with malice and a few days later, the
man everybody thought harmless” was
sentenced to Ufe imprisonment at the
Texos State Penitentiary at Huntsville.

Epitor'’s Note:

A photograph of William Morris Jones
appears on page 7, right. |

The Secret of Sallie Mae

(Continued from page 29) matter for a
moment, he finally shook his head slowly
and said that the name didn’t mean a
thing to him.

The official shifted the questioning to
another tack. “Well, who was Sallie Mae
afraid of?”

“Nobody that I know of. But she did
seem kind of worried about something
lately.”

He went on to disclose that his wife had
been married several times before they
had met. He said that he did not know
who her former husbands had been or the
circumstances under which the marriages
had been dissolved.

“You may think it strange that I
shouldn’t know these things,’ he ex-
plained, “but Sallie Mae kept her past life
pretty much to herself. I figured what
happened before we met was none of my
business. We didn’t question each other
about such things.” After a pause he
added, “Sallie Mae’s parents ought to be
able to tell you something about her
former affairs. They have a little farm
near Austin, Arkansas.”

The. husband appeared to have given a
straightforward account. However, Cap-
tain Fink ordered him held pending a
deeper study of his movements at the time
of the slaying.

Acting on the captain’s orders, Dilbeck
and Terrell proceeded to the home of the
slain nurse’s parents. They found them
overcome with grief, the sad tidings hav-
ing reached them a short time before their
arrival.

The mother gave them a tearful account
of the victim’s early life. It was the story
of a daughter who had an unconquerable
ambition to make the most of her oppor-
tunities, though these were few in the
rural environment of her home.

“Sallie Mae was a beautiful girl,” she
said. “Though she liked a good time and
all that, she never let such things interfere
with her aim to make something of herself.
Men were crazy about her. It was her
misfortune that she couldn’t get along
with any of those she married.”

“Just what do you mean by that?” in-
quired Dilbeck.

The mother related that her daughter's

marriage to William Barner had been her
fourth during the past twenty years. The
first three had ended in divorce.

“This one seemed to have been headed
for the rocks, too,” she said sadly. “Not so
long ago Sallie Mae wrote me that she was
worried, She didn’t say what the trouble
was. It’s my idea that she might have be-
come interested in some man because she
didn’t get along well with her husband.
but I may be wrong.”

Prodded about the former husbands, she
gave the detectives their names but in-
sisted that none of them could have been
responsible for the murder. In euch case,
there had been no serious ill-feeling over
the decision to part. None of them would
have let years pass, the mother pointed
out, if he had wanted to do her harm.

Learning that there had been an in-
terval of about four years’ between
the nurse’s divorce from her third husband
and her marriage to Barner, the investiga-
tors wanted to know if any other men had
figured in her life during that period.

The mother replied that in June of 1946
her daughter suddenly gave up her job at

the Arkansan St
name Sallie Mae
court had restore
staff of the Ellin
in Atlanta, Texa:
was back in Litt!
ried Barner and
University Hospit

The mother we
knew little abou
affairs during he:
clear, reading be
letters, that she
something, Howe
her communicati:
that she was no
frame of mind.

“If some man }
her feeling blue,”
ered that time tox
ever had troublec
ago, I had no rea
in her life. The
back to my mind
a man had been :
happiness. I didn’
to it because I th
or something like
dreadful thing ha
into fresh tears a
confused about it

When she rega
detectives gently
She stated that o
ceived a puzzling
“Little Boy” and
the previous day .
days later she for
note and her dau;
porch. On the bi
scribbled messag
Stockley.

“Stockley!” ex
long moment tt
glances with his rp
his surprise, he t:
eagerly inquired,
messages?”

She nodded, e>
returned with 1
them, the sleuths
they had been w:
In the one mailed
wrote, “I will be :
or 13th. Tell Salli:
I'll see her wher
you'll have her a:

The note left «
wrote you from
would be here tc

| ll

Late that afternoon Dilbeck and Terrell
got back to headquarters where they gave
Fink a detailed secount of thelr interview
with the slain nurse’s mother,

“It’s important that we find out what
took place during that phase of her life,”’
the captain said. “I'd like you to start out
for Atlanta [Texas] the first thing in the
morning. Maybe you'll pick up something
that will be the turning point in this case.”

The detectives got an early start the
next day. As they hit the open highway,
Dilbeck said, “Say, Paul, the fellow who
wrote those notes obviously didn’t know
the whereabouts of Sallie Mae. He prob-
ably watched the mother’s home on the
13th when he left the note and picture
on the porch. Since the nurse failed to
show up, he didn’t go into the house him-
self, most likely to keep his identity a
secret from the mother. It seems that for
some reason he wanted a showdown with
Sallie Mae and with her alone.”

NODDING, Terrell pointed out that Sallie
Mae’s reaction to the notes when she
learned of them over the phone from her
mother indicated that she knew who the
writer was and that she had cause to
fear him.

“Most likely, he’s the fellow who some-
how figured in her life in Texas,” he said.
After a short pause, he continued, “Before
leaving headquarters last night, I took
another look at that picture of Mrs. Stock-
ley. When I covered the head with my
hands, leaving only the facial features
exposed, I was struck by the resemblance
between her and Sallie Mae. Do you be-
lieve it’s possible that he mistook one
for the other?”

“By George! That could be the answer
to the riddle,” Dilbeck sald. “It would
explain why he had the clipping in his
Jacket. It also throws some light on why
he mentioned Mrs. Stockley in his com-
munications. The nurse was trying to keep
her whereabouts a secret from him. So he
wanted to show her that he had learned,
as he thought, of her marriage to the
Little Rock businessman. Not aware of
his mistake, he probably believed she

‘ would be scared to discover that he was

on her trail. For all we know some black-
mail attempt might have been at the
bottom of this murder.”

“There’s just one thing,” Terrell sald
thoughtfully, “Assuming that he had come
across the picture when it was published
about nine months ago, I wonder why he
waited so long before attempting to look
her up.”

The officers drove along, discussing this
point. Unable to hit upon any plausible
explanation, they turned their thoughts
to other phases of the probe,

While they were speeding westward,
detectives in Little Rock completed a
check in the neighborhood where the
Barners had lived before moving to the
Sixth Street apartment. Several neighbors
reported that they had seen Sallie Mae
and a thin, dark-haired stranger engaged
in an animated conversation one afternoon
on a street corner near the nurse’s home.
Several days later, after the couple had
moved, the same man came around, asking
residents if they could give him the young
woman’s new address. Nobody was able to
furnish the information,

These reports, indicating that Sallie Mac
had been engaged in some secret affair
with another man, supported the husband’s
insistence that he was in no way involved
in his wife’s death. The failure on the
part of Benson, one of the eye witnesses of
the shooting, to identify the husband as
the killer also strengthened the belief in
his innocence. He was cleared altogether
when a careful check on his movements,
after he left for work on the morning of
the murder. disclosed that he could not

possibly have been at the scene of the
crime at the time it took place,

Completely exonerated, he was released.
About twenty-four hours later, he appeared
at the marriage license bureau with a
young woman, filing an application to
marry her. The police, surprised at the
course he took so soon after his wife's
death, were nevertheless certain that he
was in no way responsible for what had
happened.

Arriving in Atlanta, Texas, Dilbeck and
Terrell proceeded to the Ellington Me-
morial Hospital. They learned that Sallie
Mae Blackwood had been employed there
for about a year.

“I can’t help you out with any informa-
tion about her personal life,” the superin-
tendent told them. “But one of our nurses
may be able to contribute something. They
used to hit it off together.”

Soon they were talking to an attractive
young woman who was plainly unnerved
by the news that her former co-worker
had been murdered. Obviously trying hard
to be of aid to the sleuths, she searched
her memory for a recollection of some-
thing that might be of interest to them.

“I remember she once asked me for
some advice,” she recalled. “It was sup-
posed to be in behalf of a girl friend but

‘
,
~
«

™

TD’s Author Brager (left) with Justice
Dunaway, whose dynamic prosecution of
case made killer pay in full for his crime

I'm pretty sure she wanted it for herself,
This friend, she told me, had been tricked
into a marriage by a man who turned out
to be a complete scoundrel. She wanted
to know how she should go about getting
a quick divorce or annulment in Texas,”

Prodded for details, the nurse related
that, according ‘to Sallie Mae, the bride
came home unexpectedly one afternoon
and found her husband reading what
looked like a legal paper. He stuck it in
his pocket hastily, obviously intending to
hide it from her. Her curiosity aroused, she
made up her mind to find out what it was
all about. After a few days of quiet
search, she discovered it sewed in the
lining of his jacket. It was a paper served
on him, advising that his first wife was
applying for a divorce and that the hear-
ing was scheduled during the following
month. Among the grounds for the action
was the fact that he had been an inmate
of the Texas penitentiary in Huntsville.

“Sallie Mae told me that this friend of
hers had been deceived on both counts,
namely that the husband had not been
free to marry and that he was an ex-con-
vict,” the nurse continued. “She said that
when the couple had it out he admitted
that he had served five years for robbery
but insisted he had been under the im-
pression that his first wife had obtained a
divorce while he was in prison. They
broke up right away. He disappeared with
her expensive watch and fur coat. She
was also afraid that he might come back
to take her automobile which at that time
happened to be laid up in a garage for
repairs.”

“Were any names mentioned?” inquired
Dilbeck.

The young woman shook her head
“Sallle Mae dreamed up this yirl friend.
She was too dejected for it to have hap-
pened to somebody else. Besides, I noticed
she wasn’t wearing the wrist watch she had
when she first came to work here. I guess
she was ashamed to confide that she was
the one who had been tricked. I didn't
want to embarrass her by telling her what
I suspected.”

“Well, what course did you advise?” she
was asked.

“I asked her where her friend was liv-
ing,” replied the nurse. “She hesitated
awhile, then said right here in’ Cass
County. I suggested she tell the girl to get
a lawyer and have him file a petition for
annulment with the court in Linden, which
is the county seat.”

The officers hurried to the courthouse.
Securing the county clerk’s cooperation,
they soon learned from the records that
on January 25th, 1947 Sallie Mae Black-
wood had filed a petition for an annulment
of her marriage to a man named Robert
L. Smith. The papers disclosed that the
couple had been married the previous
July in Jefferson, Texas. At a hearing
before Judge Robert S. Vance the marriage
had been annulled and the right to use
her former name granted.

“That action put Smith behind the eight
ball,” the local official advised. “Since the
grounds were that he had entered into the
marriage without getting his first one dis-
solved, the prosecuting attorney filed a
bigamy charge against him and he was
sent up for three years.”

Consulting the police filles, the detectives
ascertained that Smith had been convicted
of armed robbery in 1938 when he drew
n five to ten year sentence, In 1944, after
two trials on parole, he was Kiven a con-
ditional pardon. Sent back to Huntsville
on the bigamy conviction, he came out
again in March of 1949.

“There's the reason why he didn't look
up Sallie Mae until recently,” remarked
Terrell. “He was in prison. But he didn't
waste much time doing so after he got out.”

“There’s not much doubt that. he’s our
man,” Dilbeck said. “The way it shapes
up now, his motive most likely was re-
venge because she threw him over and was
responsible, by taking the legal step she
did, for his last rap. What we have to do
now is to see if we can't get a line on
where he is.”

hbldeiag oMecers aided the visiting detec.
4 tives in the attempt to find some trace
of the man. The prison warden, contacted
by long-distance telephone, disclosed that
Smith had been paroled to work on a
farm near Amarillo. A flash over the
Teletype to the sheriff in that citv at once
got two of his deputies started on the
investigation,

In less than two hours a message giving
the result of their probe was relayed over
the state police radio Station. It stated
that Smith had left the farm placement
about three weeks previously for a visit
to friends in Little Rock. After reaching
his destination, he wrote requesting money
for his train fare back. The farmer's wife
mailed him a railroad ticket to a certain
Little Rock address. When he finally re-
turned, he confided that he had snent the
time at the home of a girl friend named
Martha Robinson.

After remaining on the job a few days,
he asked his employer’s wife to advance
a loan so he could get married. He wanted
an unreasonable sum of money and she
turned him down. With that, he flew into
a rage and quit, saying he was headed
back to Arkansas where he felt sure he
could raise the funds, That was on the
morning of April 25th,

Dilbeck put in a call for Fink and gave
him a detailed account of the develop-

or ae

ments. Th
addroa w
train ticke
Robinson.
Obvious].
admitted t!
to get mar
had no ide:
“When d
“He calle
disclosed.
money. I m
him five da
Prodded
young won
nervously a
her to brin;
brother-in-!
dresser dr
knowledge,
to her boy
“I believ:
needed it fc
said there v
after him a
could show

ROUGHT

woman w
of interroga
satisfied tha
in the crim
providing th

Relatives
tioned. No
was obtaine
weapon iden
sister-in-law
His wife de:
opposed the
relative cam:
he had rece:
from Corsic
missive, most
that had no
ever, one po:
the authoritic

My §forn
death wher
my revenge
be afraid I
her. To k
knowing he
payment to
on a platte
I love Mart

“I didn't ha:
former wife \
I known that
I would have

An alarm <«
description wa
officials over
menting this,
broadcasting
citizens to be
police off in 1
a stranger wi
man. The nev
column headlir
that the polic
would be solve

Shortly after
morning C. S. :
Jacksonville, a
northeast of Li
phone call fror
that shortly af:
& man come ou
had a heavy gr
were mussed,
thought he was
read the morn
was struck by :
description of tt
unkempt figure

Garner rose {
vestigate the rc
rang a second ti
the operators at

vr ohead.
1 friend.
ive hap-
I noticed
1 she had
. I guess
she was
I didn't
ner what

se?" she

was liv-
hesitated
in Cass
irl to get
cition for
‘n, which

arthouse.
peration,
rds that
e Black-
inulment
i Robert
that the
previous
hearing
marriage
t to use

the eight
since the
into the
one dis-
filed a
he was

etectives
convicted
he drew
44, after
na con-
untsville
ame out

in't look
emarked
he didn’t
vot out.”
he’s our
t shapes
was re-
and was
step she
ive to do
line on

ig detec-
me trace
contacted
ysed that
rk on a
over the
v at once
1 on the

ge giving
iyed over
It stated
lacement
roa visit
reaching
1 Money
ier’s wife
a certain
nally re-
svent the
id named

few days,
advance
‘fe wanted
and she
flew into
s headed
sure he
«oon the

and gave
develop-

ments. The captain sent detectives to the
address where Smith had received the
train ticket. There they located Martha
Robinson.

Obviously frightened, the young woman
admitted that she and Smith had planned
to get married. But she insisted that she
had no idea where he could be found.

“When did you see him last?”

“He called me up on Tuesday night,” she
disclosed. “He told me he needed some
money. IT met bim on Main Street and gave
him tive dollars.”

Prodded further about this meeting, the
young woman burst into tears. Then she
nervously admitted that he had also asked
her to bring him a gun which he knew her
brother-in-law customarily kept in a
dresser drawer. Without the latter’s
knowledge, she took it and turned it over
to her boy friend that same evening.

“I believed him when he told me he
needed it for protection,” she sobbed. ‘He
said there were a couple of men who were
after him and they'd be scared off if he
could show them he was armed.”

ROUGHT to headquarters, the young

woman was subjected to another round
of interrogation. The police were finally
satisfied that she was in no way involved
in the crime but had been tricked into
providing the gun that was used.

Relatives of the girl were also ques-
tioned. No lead to Smith’s whereabouts
was obtained. The owner of the death
weapon identified it as the gun which his
sister-in-law had taken from his bedroom.
His wife declared that she had seriously
opposed the pending marriage. Another
relative came forward with a letter which
he had received from the former convict
from Corsicana, Texas. It was a_ long
missive, most of which dwelled on matters
that had no bearing on the killing. How-
ever, one portion of it was of interest to
the authorities. It read as follows:

My former wife was scared to
death when IT contacted her, I've had
my revenge on her for she will always
be afraid I may harm, hurt or murder
her, To keep her in suspense and
knowing her conscience hurts her is
payment to me. I wouldn’t have her
on a platter of diamonds and gold.
I love Martha.

“I didn’t have the slightest idea who his
former wife was,” the man stated. ‘Had
I known that her name was Mrs. Barner,
I would have come to you with this letter.”

An alarm containing Smith’s complete
description was flashed to law enforcement
officials over a widespread area. Supple-
menting this, announcers on the public
broadcasting stations voiced appeals to
citizens to be on the watch and tip the
police off in the event they came across
a stranger who looked like the wanted
man. The newspapers printed an eight-
column headline about the case, reporting
that the police were confident the case
would be solved with his arrest.

Shortly after nine o'clock the following
morning C. S. Garner, the city marshal at
Jacksonville, a town about fifteen miles
northeast of Little Rock, received a tele-
phone call from a resident. She reported
that shortly after daybreak she had seen
a man come out of a neighbor's barn. He
had a heavy growth of beard, his clothes
were mussed, his hair disheveled. She
thought he was a harmless tramp until she
read the morning newspaper. Then she
was struck by the similarity between the
description of the suspected slayer and the
unkempt figure she had seen earlier.

Garner rose from his desk, ready to in-
veatigate the report when hia telephone
rang a second time. The caller was one of
the operators at the local telephone office.

Excitedly, she told him that a man was
trying to get a collect call through to the
Little Rock police department. She had
made the connection but the official at the
other end wanted to know who was call-
ing before he agreed to accept the charge.

“When I asked the caller his name,”
the operator stated, “he said it was Robert
Smith and mumbled something about a
murder. Just then I got disconnected and
thought I had better call you. Right now
he's in the cafe near the railroad station,
waiting for me to get his call through.”

Fastening his belt and holster around
his waist, Garner hastened over to the
cafe. At a table near the telephone booth
he saw a man dawdling over a glass of
beer. Approaching him with hand on his
gun grip, he inquired, “Your name Smith?”

For a moment the stranger regarded
the officer in silence. He had the look of a
man who knew he was beaten.

“Yes, I’m Smith,” he said, swallowing
hard. “I’m in an awful mess.” His eyes
narrowed as he paused and _ continued,
“But she had it coming to her.”

“Okay,” Garner said, “come along. You
can tell your story to the prosecuting
attorney.”

“I was waiting to be connected with the
Little Rock police,” demurred Smith. “I’m
broke. My name's splashed all over the

“Pm in an awful
mess,” this man
told the = police

newspapers. I wanted to give myself up
to them.”

“All right, then come along with me.”

On the fifteen-mile drive to the capital
city, Smith sat most of the time with his
face in his hands. When he did look up
it was only to stare disconsolately ahead.

Shortly after ten o’clock he sat facing
Edwin S. Dunaway, the dynamic young
prosecuting attorney who has since been
elevated to a seat on the bench of the
Arkansas Supreme Court. Present also in
his office on the second floor of the court-
house were Captain Fink and Mrs. Helen
Ward, the official court stenographer.

Smith’s confession, when transcribed,
covered seventeen typewritten pages. In
it, as is customary with killers, he tried to
place the blame on the victim, but this
part of his story was unconvincing.

“What was Mrs. Stockley’s picture doing
in the pocket of the jacket you discarded?”
Dunaway wanted to know.

Confirming the detectives’ theory on
this point, Smith explained that he had
clipped it from the newspapers in the be-
lief that it was a photograph of Sallie Mae
He said that, having been so positive the
two were the same, he had referred to her
aus Mrs. Stockley in his communications to
the mother just to show the nurse that he
had ways of finding something out about
her. He discovered his mistake by chance
when, posing as an old acquaintance of
Sallie Mae Blackwood, he phoned a woman
who, he recalled, was a distant relative.
He drew the information from her that
she had married a man named Barner and
was employed at the University Hospital.

His next step, he continued, was to call
her at the hospital and ask for an inter-
view. She agreed to meet him that after-
noon at a corner near her home. She kept
the appointment and he demanded money
from her that he claimed ashe owed him,
Suggesting that he meet her at the same
place the following Tuesday, she asked

him to wait until then for the cash,

“She failed to keep this appointment,”
he stated. “I checked around the neigh-
borhood and discovered she moved the
day after we had the talk. Nobody could
give me her new address, so I made up my
mind to see her some morning when she
was on her way to work.”

“It was then that you also decided to
get the gun with which to kill her, wasn’t
it?” inquired Dunaway.

“IT had no intention of killing her.”

UESTIONED as to the source of the gun,

he at first attempted to shield the girl
who had innocently procured it for him by
saying that he had stolen it from the home
of her brother-in-law. Upon being pressed,
however, he confirmed the details of the
statement she had made to the police.

A part of his statement recounted that
he had accosted Sallie Mae about two
blocks from the hospital. As they walked
along, he kept demanding the money he
claimed she owed him. When she refused
to give him any money he killed her.

That was his story but there was never
any proof offered that Sallie Mae owed
him any money or that the subject of
money was even mentioned during the
meeting at which he committed the mur-
der. It appeared more likely that, just prior
to the killing, he was berating her for the
three-year term the State gave him.

Tracing his escape route, Smith re-
counted that it ultimately led to the tracks
of the Missouri Pacific railroad where he
boarded a northbound freight train. Fear-
ing he would be discovered, he got off at
Jacksonville. The next forty-eight hours
were a nightmare as he slept in a barn
and used his last few coins for food. When
the newspapers reported he had been iden-
tified as the killer, he realized it would be
just a matter of time before he was caught.

“So you thought it was best to cop a
plea?” Dunaway said.

“I figured the only thing to do was to
turn myself in,” the killer replied. “I knew
you were looking for me and hoped for
the best.”

Following indictment by the Pulaski
County Grand Jury, Robert L. Smith was
brought to trial before Circuit Court Judge
Gus Fulk on May 24th, 1949. Max Howell,
a brilliant young attorney appointed by the
court to defend him, put up a strong fight
to save him from the chair. But the odds
were against him as the prosecuting at-
torney presented testimony to show that
he had killed the attractive nurse in a
deliberate, cold-blooded urge for revenge.

The jury, deliberating only thirty-five
minutes, returned a verdict of “guilty of
murder in the first degree, as charged in
the information.” Under Arkansas law,
this made it mandatory for the court to
sentence him to death in the electric chair.
His hope of escaping the supreme penalty
was dashed when the Arkansas Supreme
Court turned down his appeal and Gover-
nor Sid McMath set the date for execu-
tion as December 16th, 1949.

However, a few days before that date,
Governor McMath granted a stay of
execution in order that Smith could file
an appeal before the United States Su-
preme Court. The appeal was denied, and
on April 24th, 1950 the slayer of Sallie
Mae Barner was electrocuted.

Epitor’s Nore:

The names Mrs. L. R. Stockley, Jr., and
Martha Robinson, as used in the fore-
going story, are not the real names of
the persons concerned. These innocent
persons have been given fictitious
names in order to protect their identities,

A photograph of Robert L. Smith ap-
pears on this page.

—

SNELL v. LOCKHART 1297
Cite as 14 F.3d 1289 (8th Cir. 1994)

Harless, 459 U.S. 4, 6, 103 S.Ct. 276, 277, 74
L.Ed.2d 8 (1982). Then, if the claim was not
fairly presented, we determine whether “the
exhaustion requirement has nonetheless been
met because there are no ‘currently available,
non-futile state remedies’, through which the
petitioner can present his claim.” Smittie,
848 F.2d at 296 (quoting Laws v. Armon-
trout, 884 F.2d 1401, 1414 (8th Cir.1987),
affd on rehearing, 863 F.2d 1377 (8th Cir.
1988), cert. denied, 490 U.S. 1040, 109 S.Ct.
1944, 104 L.Ed.2d 415 (1989)). If there are
no available state remedies, the final two
steps of the analysis involve determinations
of whether petitioner can show adequate
cause for failing to raise the claim and actual
prejudice resulting from the state court’s
failure to consider the claim. Wainwright v.
Sykes, 483 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d
594 (1977); Smittie, 843 F.2d at 296. “The
petition must be dismissed unless the peti-
tioner succeeds at each stage of the analy-
sis.”° Jd.

[8] There is no dispute here that Snell
did not fairly present his prosecutorial mis-
conduct argument to the Arkansas courts.
Moreover, due to the time which has elapsed,
Snell has no available state remedy.” As-
suming arguendo that Snell was not aware
of, and could not have discovered, the factual
basis for the claim when his case was before
the Arkansas Supreme Court, we agree with
the district court that Snell has established
cause. See Murray v. Carrier, 477 US. 478,
488, 106 S.Ct. 2639, 2645, 91 L.Ed.2d 397

6. In extraordinary cases, ‘‘where a constitutional
violation has probably resulted in the conviction
of one who is actually innocent,” a federal court
may consider a defaulted claim even if the cause
and prejudice test is not met. Murray v. Carrier,
477 U.S. 478, 496, 106 S.Ct. 2639, 2650, 91
L.Ed.2d 397 (1986). Snell has not argued that
this fundamental miscarriage of justice exception
applies, nor could he, for his prosecutorial mis-
conduct argument only affects the testimony of
one witness. Considering the overwhelming evi-
dence of guilt, Snell cannot establish any reason-
able probability that he is actually innocent.

Likewise, Snell. cannot show that the-death sen-

tence imposed upon him resulted in a fundamen-
tal miscarriage of justice, for even without Thom-
as’ testimony the jury would have found the same
two aggravating circumstances. See Sawyer v.
Whitley, —- U.S. ——, ——, 112 S.Ct. 2514,
2523, 120 L.Ed.2d 269 (1992) (“{TJhe ‘actual
innocence’ requirement must focus on those ele-

(1986). We therefore consider the question
whether Snell can establish actual prejudice.

In this case, the prejudice inquiry requires
an initial factual finding that the prosecutor
did indeed misrepresent the plea agreement
with Thomas. But because the district court
found otherwise, we can reverse only for
clear error. Prince, 971 F.2d at 120.

As to the allegation that Johnson never
intended to bring state charges against
Thomas, we find that Johnson’s testimony
before the district court constitutes sufficient
evidence to support the court’s finding.
However, it is undisputed that while Thomas’
actual maximum exposure was twenty years,
all of the evidence before the jury indicated
he could get up to thirty years. Therefore,
as to this particular discrepancy, the district
court was clearly erroneous in finding that
“the evidence of the plea bargain presented
to the jury was the truth.” Snell v. Lock-
hart, 791 F.Supp. at 1874. We now consider
Snell’s argument that he was actually preju-
diced by this misrepresentation.

Snell argues that had the jury known
Thomas would serve no more than twenty
years, they would have deemed his testimony
less credible. Moreover, he claims the dis-
crepancy may have affected the sentence, for
if the jurors had known exactly how leniently
the accomplice was being treated, they may
have been more lenient with the alleged trig-
ger man. Snell emphasizes that only one
juror need object to the death penalty in
order to preclude its imposition.

ments which render a defendant eligible for the
death penalty, and not on additional mitigating
evidence... .’’).

7. Former Rule 37.2(c) of the Arkansas Rules of
Criminal Procedure required a motion for post-
‘conviction relief to be filed “within three years of
the date of commitment, unless the ground for
relief would render the judgment of the convic-
tion absolutely void.” However, grounds suffi-
cient to avoid the three year limit are extremely
limited. Smittie, 843 F.2d at 297. In fact, “‘[eJr-
ror sufficient to void a conviction under Arkansas
law appears to be limited to errors that prevent
retrial.” McDougald v. Lockhart, 942 F.2d 508,
511 n. 5 (8th Cir.1991). Snell’s prosecutorial
misconduct claim does not meet this standard, so
the three year rule applies. Any Rule 37 petition
is therefore barred.

|
|

1296

misrepresentation of the state’s plea agree-
ment with William Thomas, a state witness
and an alleged accomplice.

While the Stumpp case was pending,
Thomas was under indictment in federal
court for violations of the Racketeer Influ-
enced and Corrupt Organizations (RICO)
Act. Thomas entered into a plea agreement
with federal authorities and, in the course of
fulfilling that agreement, disclosed facts con-
cerning the Stumpp murder. Asa Hutchin-
son, the United States Attorney prosecuting
Thomas, then began to act as intermediary
between Thomas’ lawyer and Kirk Johnson,
the state prosecutor in the Stumpp case. In
a letter to Thomas’ lawyer, Hutchinson ex-
pressed his belief that Johnson would agree
not to press charges against Thomas in state
court in exchange for testimony implicating
Snell. Thomas’ lawyer, wishing to make a
deal, forwarded a copy of this letter to J ohn-
son. Johnson never refuted, in writing,
Hutchinson’s impression that no state
charges would be filed. However, he met
with Thomas and later notified Thomas’ at-
torney that in exchange for the testimony
“the State would not recommend any time
additional to that which Mr. Thomas would
receive in Federal Court.” Ex. 1005.

At trial, Thomas testified that on Novem-
ber 3, 1983, he, Snell, and Stephen Scott
went to Stumpp’s pawnshop to rob it, that he
stayed outside while Snell and Scott went
into the shop, and that Snell came out and
claimed to have shot Stumpp. The state’s
agreement with Thomas was brought out on
direct examination, when Thomas explained

that the state would seek no time in addition -

to what he would get in federal court and
that his maximum exposure there was thirty
years. Thomas reiterated this statement on
cross-examination, and the prosecution men-
tioned the thirty year exposure in argument.
In actuality, Thomas’ maximum exposure in
federal court was twenty years. He was
never charged for murder in state court.

Snell claims the prosecutor made two mis-
representations. First, he claims Johnson
led the jury to believe that though Thomas
would receive no additional time, the state
would charge him with murder. The second
alleged misrepresentation concerned the tes-

14 FEDERAL REPORTER, 3d SERIES

timony that Thomas could get up to thirty
years when in fact his maximum exposure
was twenty years.

As to the first alleged misrepresentation,
Snell contends the evidence shows Johnson
never intended to charge Thomas, for Hutch-
inson’s letter stated that to be the case, and
Johnson never refuted Hutchinson’s belief.
However, Johnson testified before the dis-
trict court that he must have called either
Hutchinson or Thomas’ lawyer to rectify the
misunderstanding in Hutchinson’s letter. He
claimed that he always intended to charge
Thomas but that he decided to wait until he
had used Thomas as a witness in the prose-
cution of Scott, the third person involved in
Stumpp’s murder, because he did not want to
remove Thomas’ incentive to testify. Soon
thereafter, Johnson’s bid for reelection as
prosecutor was defeated, so he was then
without authority to press charges. He
claimed that his successor must have forgot-
ten about Thomas’ case. As to the discrep-
ancy between the thirty years and twenty
years maximum exposure, no explanation is
provided, but the state notes that it was
actually Thomas, not the prosecutor, who
first made reference to the thirty year peri-
od.

Because Snell was not aware of the terms
of Thomas’ agreement during his state pro-
ceedings, his prosecutorial misrepresentation
claim was not presented to the Arkansas
courts. The district court therefore held
that the claim was procedurally defaulted.
Snell, 791 F.Supp. at 1873. The court then
held that though there was cause for the
default, Snell had failed to establish preju-
dice. This ruling was based on the court’s
factual finding that the prosecutor had not
misrepresented the state’s deal with Thomas.
Snell now contends that this finding is clearly
erroneous and that he was prejudiced by the
misrepresentations.

[7] We follow a four step analysis when
deciding whether to consider a claim not
presented to a state court. Smittie v. Lock-
hart, 843 F.2d 295, 296 (8th Cir.1988); Cox v.
Lockhart, 970 F.2d 448 (8th Cir.1992). First,
we determine whether the claim was in fact
“fairly presented” to the state courts as re-
quired by 28 U.S.C. § 2254(b); Anderson v.

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SNELL v. LOCKHART 1299
Cite as 14 F.3d 1289 (8th Cir. 1994)

The district court relied on Thomas v.
Wyrick, 622 F.2d 411 (8th Cir.1980), in hold-
ing that this was insufficient. In that case,
the petitioner’s brief stated only that the trial
court’s alleged error “denied a fair trial.”
Id. at 412. We held that that bare statement
failed to raise a fourteenth amendment issue
because “no federal constitutional ground
was ever presented to the state courts... .”
Id. at 418; see also McDougald v. Lockhart,
942 F.2d 508, 510 (8th Cir.1991) (“Explicit
citation to the Constitution or to a federal
case is necessary for fair presentation of a
Constitutional claim to state courts.”).

In this case, Snell’s appellate counsel cer-
tainly could have made the constitutional is-
sue more easily discernible. Nevertheless,
we believe the legal basis for the claim was
fairly presented, for unlike Thomas, the brief
in this case explicitly cited the due process
clause of the Constitution. The Arkansas
Supreme Court could easily have recognized
that included within the myriad claims of
undue prejudice was a claim that the prejudi-
cial testimony, when cumulated, amounted to
a denial of due process. We therefore turn
to the merits of Snell’s claim that admission
of the CSA evidence violated his rights to
due process.

[11] A state court’s evidentiary ruling
warrants habeas relief where the asserted
error denies due process. Wood v. Lockhart,
809 F.2d 457, 460 (8th Cir.1987). Such a
denial occurs where the evidentiary ruling is
“so ‘gross’, ..., ‘conspicuously prejudicial’,
..., or otherwise of such magnitude that it
fatally infected the trial and failed to afford
petitioner the fundamental fairness which is
the essence of due process....” Maggitt v.
Wyrick, 533 F.2d 383, 385 (8th Cir.) (citations
omitted), cert. denied, 429 U.S. 898, 97 S.Ct.
264, 50 L.Ed.2d 183 (1976); see also Kerr v.
Caspari, 956 F.2d 788, 790 (8th Cir.1992);
Wood, 809 F.2d at 460.

{12,13] Under this standard, the CSA ev-
idence admitted at Snell’s trial did not deny
him due process. For the most part, we

8. Snell cites Dawson v. Delaware, — U.S. —,
112 S.Ct. 1093, 117 L.Ed.2d 309 (1992), where
the Supreme Court held that the defendant's
association with the Aryan Brotherhood could
not be admitted at a sentencing hearing when

agree with the Arkansas Supreme Court that
the evidence was relevant and that its proba-
tive value outweighed any prejudice. In par-
ticular, testimony about an aborted robbery
of a pawnshop in Springfield, Missouri, was
relevant to proving motive, intent, and prepa-
ration, for the Springfield plans were almost
identical to what occurred in Texarkana.
Similarly, testimony regarding other illegal
activities by the CSA was relevant as to
motive, for it established that the CSA fi-
nanced its operations through theft, robbery,
and fraud. Though Snell makes much of the
fact that he was never an official member of
the CSA, the record firmly establishes his
close association with that group.®

[14] Though some of the CSA evidence
may have been far removed from the essen-
tial elements of the case, admission of such
evidence was not so gross or conspicuously
prejudicial as to rise to the level of a consti-
tutional violation. Furthermore, “[no] due
process violation exists, even if the evidence
was erroneously admitted, if other evidence
of guilt is so overwhelming that the error is
harmless.” Wedemann v. Solem, 826 F.2d
766, 767 (8th Cir.1987); see also Hobbs v.
Lockhart, 791 F.2d 125, 128 (8th Cir.1986).
Even if all improper references to CSA activ-
ity are stricken from the record, the remain-
ing evidence is most substantial. First and
foremost was William Thomas’ testimony
that he helped Snell rob Stumpp’s pawnshop
and that Snell admitted shooting Stumpp. A
.22 calibre pistol established as the murder
weapon was found in Snell’s possession, as
was a .45 calibre automatic pistol positively
identified as one of the guns stolen from the
pawnshop. One CSA member testified that
he had removed the serial number on the .45
at Snell’s request. David McGuire stated
that he had sought to trade for the .45 but
that Snell refused, claiming “there is a dead
man laying behind it.” McGuire also testi-
fied that Snell told him he had shot Stumpp.
CSA members testified that Snell brought a
large amount of jewelry to the CSA com-

that association was irrelevant to the issues of
the case. However, Dawson is inapposite, for
most of the CSA evidence in this case was rele-
vant.

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1298 14 FEDERAL REPORTER, 3d SERIES

{9] To establish prejudice, Snell must
show that the misrepresentation denied him
“fundamental fairness”. Murray, 477 U.S.
at 494, 106 S.Ct. at 2648. Though “a convic-
tion obtained by the knowing use of perjured
testimony is fundamentally unfair, and must
be set aside if there is any reasonable likeli-
hood that the false testimony could have
affected the judgment of the jury,” United
States v. Agurs, 427 U.S. 97, 103, 96 S.Ct.
2392, 2397, 49 L.Ed.2d 342 (1976); Giglio v.
United States, 405 U.S. 150, 154, 92 S.Ct.
763, 766, 31 L.Ed.2d 104 (1972), the false
testimony in this trial did not deny Snell
fundamental fairness for two reasons. First,
we believe the prosecution did not knowingly
elicit the testimony, for Thomas, not the
prosecutor, first interjected that he could get
thirty years. Though the prosecutor did not
correct Thomas’ statement during the exami-
nation, he apparently either did not know the

exact numbers or forgot them during the .

pressure of examination.

Second, there is no reasonable probability
that the false testimony affected the jury's
judgment either as to guilt or sentence. The
difference between a twenty year exposure
and a thirty year exposure is simply too
slight to raise any reasonable doubt that the
jury would not have believed Thomas and
convicted Snell, especially considering the ev-
idence corroborating Snell’s guilt. The same
can be said as to the sentence, for the jury
found that death was appropriate due to the
existence of aggravating circumstances hav-
ing nothing to do with Thomas. We can not
reasonably believe that even one of the ju-
rors would have disregarded these aggrava-
ting circumstances and imposed life without
parole because the accomplice was only sub-
ject to twenty, rather than thirty, years.
Consequently, we do not believe that Snell
was prejudiced by any alleged prosecutorial
misconduct.

IV.

{10] Throughout the trial, evidence was
presented associating Snell with the CSA.
Moreover, testimony was elicited regarding

various CSA activities, such as the stockpil-

ing of weapons, military training, and crimi-
nal actions by the CSA and its members.

Though Snell’s trial counsel objected to some
of the evidence on relevancy grounds, most
of it was admitted. On direct appeal, Snell
again objected to the admission of the evi-
dence, arguing primarily that the evidence
was irrelevant and unduly prejudicial. How-
ever, counsel made one brief reference to
federal law, arguing in the appellate brief
that admission of the evidence “made a
mockery” of the due process clause. Ex. 46
at S0914. The Arkansas Supreme Court up-
held the admission of the evidence under the
Arkansas Rules of Evidence but did not men-
tion the constitutional issue. Snell v. State,
721 S.W.2d at 634-37.

Snell made the same due process argu-
ment in his habeas petition. The district
court held, however, that the passing refer-
ence to the due process clause in Snell’s
appellate brief was insufficient to properly
present the constitutional issue to the Arkan-
sas Supreme Court and that the claim was
therefore procedurally defaulted. Snell v.
Lockhart, 791 F.Supp. at 13872. The district
court then held that though ineffective assis-
tance had been alleged as cause for the de-
fault, Snell had not shown that counsel was
indeed ineffective. Jd. at 1372. The court
also noted that Snell failed to establish preju-
dice. Jd. at 1373.

As explained above, 28 U.S.C. § 2254(b)
requires a petitioner to fairly present all
issues to the state courts before seeking ha-
beas relief. Anderson, 459 U.S. at 6, 103
S.Ct. at 277. Thus, “the petitioner must
include the same facts and legal theories to
the state court that he seeks to present to
the federal court....” Laws, 834 F.2d at
1412; Rust v. Hopkins, 984 F.2d 1486, 1490
(8th Cir.), cert. denied, —- U.S. ——, 113
S.Ct. 2950, 124 L.Ed.2d 697 (1993). There is
no dispute that Snell presented sufficient
facts to the Arkansas Supreme Court. The
only question is whether the following state-

ment was sufficient to fairly apprise the Ar-

kansas Supreme Court of Snell’s due process
claim: “To deny appellant a new trial as a
result of the irrelevant and prejudicial testi-
mony being admitted into evidence would
make a mockery out of the due process
clause of the United States Constitution.”
Ex. 46 at S0914.

1302 14 FEDERAL REPORTER, 3d SERIES

chie Supp.1998).!° First, the jury determines
guilt or innocence. Then, if the defendant is
convicted of capital murder, a second pro-
ceeding begins, with opening and closing
statements and an Opportunity to present
evidence relevant to either mitigating or ag-
gravating circumstances. The same jury sits
during the penalty phase and determines the
appropriate punishment, whether it be life
imprisonment without parole or death.

In the penalty phase of the Stumpp trial,
the defense presented no mitigating evidence
due to Snell’s purported waiver of his right
to do so. After closing statements, the jury
retired for deliberations and returned with a
sentence of death by lethal injection. The
jury had found that two aggravating circum-
stances existed at the time of the murder.
No mitigating circumstances were found to
apply.

Snell challenges the district court’s finding
that his waiver was knowing and intelligent.
He asserts that his trial counsel were totally
unprepared to present mitigating evidence
and that the trial court’s examination of Snell
was insufficient to establish a valid waiver.
The examination, conducted in the absence of
the jury, proceeded as follows:

THE COURT:

Mr. Snell, come around and have a seat on
the witness stand. You may proceed ques-
tioning him as to mitigating circumstances.
BY MR. MOORE:

Mr. Snell, as you are aware, this is the
time when you are capable of putting on

mitigating circumstances. Do you under- -

stand that?

A. Yes, sir, I do.

Q. Mr. Shumaker and I have discussed
this with you, have we not?

A. Well, yes, I guess you have, although I
think it is a little late at this moment for
me to say anything.

Q. What do you mean by that, sir?

A. I just mean that. At this point I don’t
care.

10. Though the Arkansas statutes with which we
are concerned have remained unchanged in all
relevant aspects since the time of Snell's trial,
the law has been re-codified. For completeness,

Q. In my conversation with you a few
minutes ago, was it not your desire to not
put on any mitigating circumstances?

A. That is correct.

Q. That is still your desire at this time, is
that correct, sir?

A. That is correct.

THE COURT:

Mr. Snell, let me ask you for the Court’s
benefit and for the record much the same
questions as Mr. Moore has asked you.
To reiterate the question once again, you
do not wish to put on any testimony per-
taining to mitigating circumstances? Is
that correct?

MR. SNELL:

No, your honor.

THE COURT:

You know what mitigating circumstances
are, what that means?

MR. SNELL:
Yes, sir.
THE COURT:
Have a seat back where you were.
MR. SNELL:
Thank you, sir.
Trial Tr. 1185-1137.

This examination is rather brief, and Snell
initially appears hesitant in his decision. Ne-
vertheless, upon review of the entire record,
we believe that Snell validly waived his right
to present mitigating evidence. At the habe-
as hearings, Snell’s trial attorneys testified
that Snell had for months steadfastly refused
to present mitigating evidence because he
wanted to spare his family and friends from
the trauma of such proceedings. They testi-
fied that the issue was discussed every time
they met with Snell but that Snell’s resolve
only grew stronger as the trial date ap-
proached. They also asked Snell’s wife to
persuade him to change his mind, but even
this approach failed. Furthermore, because
Snell had gone through a previous capital
murder trial where he did present mitigating
evidence, he certainly understood both the

we will refer to the current code sections in the
text and provide the former citations in foot-
notes. Ark.Code Ann. § 5-4-602 was formerly
codified as Ark.Stat.Ann. § 41-1301 (1977).

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SNELL v. LOCKHART

1303

Cite as 14 F.3d 1289 (8th Cir. 1994)

purpose of such evidence and the effect
which it would have on those testifying.
Consequently, he made an informed and vol-
untary choice. We also believe the choice
was intelligently made, for no evidence has
been presented challenging Snell’s compe-
tence. Indeed, his mental acuity was demon-
strated by his participation as co-counsel in
both of his trials.

Our conclusion that Snell made a knowing,
voluntary and intelligent waiver is supported
by Singleton v. Lockhart, 962 F.2d 1315 (8th
Cir.), cert. denied, —- U.S. ——, 113 S.Ct.
435, 121 L.Ed.2d 355 (1992). In that case,
there was no discussion on the record be-
tween the defendant and either his attorney
or the court. Moreover, the defendant had
not previously been through a capital murder
trial, so he was certainly no more knowledge-
able of the purpose of mitigating evidence
than was Snell. Nevertheless, on the basis
of the trial attorney’s habeas testimony, we
held that the defendant had validly waived
the right to present mitigating evidence.
Singleton, 962 F.2d at 1322.

[18] We also disagree with Snell’s claim
that his attorneys were deficient in preparing
for the presentation of mitigating evidence.
Though they may not have discussed the
punishment phase with all those who could
possibly be mitigation witnesses, they did
talk to those who would have been the most
important. At various times they discussed
the issue with Snell’s wife, and on at least
one occasion they met with a group of Snell’s
family and friends. Though counsel admit-
ted they would have needed a continuance if
Snell had changed his mind after the guilt
phase, the continuance would surely have
been granted. Considering Snell’s attorneys
were faced with an uncooperative client who

11. Formerly Ark.Stat.Ann. § 41-1304 (1977),
which stated:

Mitigating circumstances shall include, but
are not limited to the following:

(1) the capital murder was committed while
the defendant was under extreme mental or
emotional disturbance;

(2) the capital murder was committed while
the defendant was acting under unusual pres-
sures or influences or under the domination of
another person;

(3) the capital murder was committed while
the capacity of the defendant to appreciate the

remained so throughout the entire proceed-
ings, we do not believe that their perfor-
mance was deficient.

Snell further argues that an attorney
should never accede to the desire of a client
not to put on mitigating evidence. We can-
not agree, for though we understand that
many capital defendants express a desire to
give up if they are convicted and that an
attorney should try to persuade the client to
act in his best interests, we do not believe
that this duty removes the ultimate decision —
from the client. In Singleton, the attorney
acceded to his client’s wish not to present
mitigating evidence. We held “that in the
face of [the defendant’s] knowing, intelligent
waiver, [his attorney] was under no duty to
do otherwise than he did.” Jd. at 1322.

VII.

{19] Arkansas’ capital murder sentencing
provisions require the jury to complete three
verdict forms. See Ark.Model Criminal In-
struction 1509. The first deals with aggrava-
ting circumstances; the jury checks off any
of the statutory aggravating circumstances
found to exist beyond a reasonable doubt.
The second form similarly deals with mitigat-
ing circumstances; the jury identifies those
which are unanimously found to exist, those
which fewer than all of the jurors believe
exist, and those for which there is evidence
but which the jurors unanimously agree do
not exist. There are six explicit statutory
mitigating circumstances, Ark.Code Ann.
§ 54-605 (Michie 1987),1! but juries may
find anything to be a mitigating circum-
stance. The third verdict form deals with
whether any existing aggravating circum-
stances outweigh any existing mitigating cir-

wrongfulness of his conduct or to conform his
conduct to the requirements of law was im-
paired as a result of mental disease or defect,
intoxication, or drug abuse;

(4) the youth of the defendant at the time of
the commission of the capital murder;

(5) the capital murder was committed by
another person and the defendant was an ac-
complice and his participation relatively mi-
nor;

(6) the defendant has no significant history
of prior criminal activity.

1300 14 FEDERAL REPORTER, 3d SERIES

pound. Several members took rings for per-
sonal use, and one of these rings was identi-
fied in court. Further testimony tied Snell
to a watch fob left on the scales in Stumpp’s
pawnshop. In sum, this evidence is more
than sufficient to support Snell’s conviction
and sentence.

Snell claims that his sixth and fourteenth
amendment rights to effective assistance of
counsel were violated in several aspects of
his trial. The governing standard comes
from Strickland v. Washington, 466 U.S. 668,
104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), where
the Supreme Court established a two part
test. First, a convicted defendant “must
show that counsel’s performance was defi-
cient.” Jd. at 687, 104 S.Ct. at 2064. This
requires a showing that “counsel’s represen-
tation fell below an objective standard of
reasonableness.” Jd. at 688, 104 S.Ct. at
2065. “Second, the defendant must show
that the deficient performance prejudiced the
defense.” Jd. at 687, 104 S.Ct. at 2064. At
the very least, “[t]he defendant must show
that there is a reasonable probability that,
but for counsel’s unprofessional errors, the
result of the proceeding would have been
different.” Jd. at 694, 104 S.Ct. at 2068.

Snell argues that his trial counsel were
deficient in the presentation of his change of
venue motion and in various aspects of jury
selection. He claims counsel failed to prop-
erly convey the extent and inflammatory na-
ture of the pretrial publicity, failed to keep
the venue issue alive throughout the trial,
failed to seek appropriate pretrial rulings
regarding the inadmissibility of the Bryant
conviction, failed to adequately examine pro-
spective jurors concerning their knowledge of
prejudicial facts, and failed to exhaust all
peremptory challenges as required by Arkan-
sas law in order to preserve and assert jury
selection error. However, a defendant can-
not establish the prejudice element of Strick-
land unless “counsel’s deficient performance
renders the result of the trial unreliable or
the proceeding fundamentally unfair.” Lock-
hart v. Fretwell, —- US. ——, —, 113

S.Ct. 888, 844, 122 L.Ed.2d 180 (1993). Be-
cause we have already concluded that Snell
was tried by an unbiased jury, he cannot
show that any deficient performance regard-
ing change of venue or jury selection pro-
duced an unreliable or unfair result.

As discussed above, Snell argued before
the district court that introduction of the
CSA evidence violated his right to due pro-
cess. Because the court found the issue to
be procedurally defaulted, Snell then argued
that ineffective assistance was cause for the
default. He reiterates this argument on ap-
peal. However, we have already held that
the underlying due process claim was not in
fact defaulted, so we need not reach the
ineffectiveness argument. Nevertheless, we
note that since the admission of the CSA
evidence did not violate the due process
clause, Snell cannot establish prejudice. —

[15] Snell next argues that his trial coun-
sel were ineffective for failing to object to the
prosecutor’s closing argument during the
guilt phase of the trial. He claims the prose-
cutor impermissibly expressed his opinion
concerning the CSA and the lifestyles of its
members, attributed their lifestyle to Snell
though he was never a member, and then
contrasted this with the lifestyle of the vic-
tim. He also claims the prosecution asserted
facts not in evidence, misstated the evidence,
improperly vouched for the credibility of
state witnesses, and made remarks abusive
of Snell and his counsel. According to Snell,
he was prejudiced because, had his counsel
objected to the prosecutor’s comments, there
is a reasonable likelihood that those com-
ments would have been stricken from the
record and that the jury either would not
have convicted him or would not have sen-
tenced him to die i—iststs—

Even if portions of the prosecutor’s closing
argument were improper, Snell’s claim fails,
for there is no reasonable probability that,
but for counsel’s failure to object, the jury
would have reached a different result as to
either guilt or sentence. Perhaps if the evi-

SNELL v. LOCKHART

1301

Cite as 14 F.3d 1289 (8th Cir. 1994)

dence had been close, prejudicial closing re-
marks could have swayed the jury one way
or the other. But the evidence here over-
whelmingly supported the jury’s decisions,
and this “reduced the likelihood that the
jury’s decision was influenced by argument.”
Darden v. Wainwright, 477 U.S. 168, 182,
106 S.Ct. 2464, 2472, 91 L.Ed.2d 144 (1986).
Moreover, the court instructed the jury that
they were to make their decisions based sole-
ly on the evidence and that closing argu-
ments were not evidence. Because Snell has
not overcome the presumption that the jury
acted according to law, he has not shown
prejudice resulting from his attorney’s failure
to object. Strickland, 466 U.S. at 694, 104
S.Ct. at 2068; see Girtman v. Lockhart, 942
F.2d 468, 474 (8th Cir.1991) (Defense coun-
sel’s failure to object to the prosecutor’s mis-
Statement of the law in closing does not
constitute ineffective assistance where the
court instructed the jury to only consider the
evidence.).

8 ae

[16] Snell claims his trial counsel were
ineffective for failing to object to the trial
court’s comment to the jury regarding pa-
role. During sentencing deliberations, the
jury sent a note to the judge asking whether
life imprisonment without parole really
meant no parole. The judge suggested a
response stating that “the defendant will be
incarcerated in the Arkansas Department of
Correction for a period of life or until and
unless the Governor of the State of Arkansas
commutes the sentence to a term of years or
a number of years.” Ex, 39. Defense coun-
sel agreed to the note, so it was sent to the
jury. At the habeas hearings, trial counsel
stated that they agreed to the note because
they did not want to discourage the jury
from considering life without parole.

The district court held that counsels’ tacti-
cal decision was protected from review.
Snell, 791 F.Supp. at 1385-86. Snell asserts
that this is error because his trial counsel
were ignorant of Arkansas law explicitly pro-

9. We also note that Snell cannot establish preju-
dice, for the Supreme Court concluded in Cali-
fornia v. Ramos, 463 U.S. 992, 1004, 103 S.Ct.
3446, 3455, 77 L.Ed.2d 1171 (1983), that the

hibiting such comments without the consent
of the defense, counsels’ stated reasons for
agreeing to the note make no Sense, and the
court’s response was actually inaccurate be-
cause it did not mention that the governor
can commute a sentence only after public
notice and an opportunity to object.

Courts must be cautious when reviewing
an attorney's strategic decisions after the
fact. According to the Supreme Court:

Judicial scrutiny of counsel’s performance
must be highly deferential. It is all too
tempting for a defendant to second-guess
counsel’s assistance after conviction or ad-
verse sentence, and it is all too easy for a
court, examining counsel’s defense after it
has proved unsuccessful, to conclude that a
particular act or omission of counsel is
unreasonable.

Strickland, 466 U.S. at 689, 104 S.Ct. at 2065.
Consequently a defendant must “overcome a
‘strong presumption’ that his counsel’s ac-
tions constituted reasonable trial strategy
under the circumstances.” Sanders v. Trick-
ey, 875 F.2d 205, 207 (8th Cir.) (quoting
Strickland, 466 U.S. at 689, 104 S.Ct. at
2065), cert. denied, 493 U.S. 898, 110 S.Ct.
252, 107 L.Ed.2d 201 (1989). We agree with
the district court that Snell has not overcome
this presumption. Obviously, when they sent
the question to the judge, the jurors were
still considering life without parole but were
concerned that Snell could eventually be re-
leased. Counsel could have reasonably be-
lieved that the jury would probably impose
death rather than imprisonment if they were
left uninformed as to the likelihood that Snell
would ever be free. Therefore, agreeing to
the response was at the time a reasonable
strategy. Counsel were not deficient even if
in hindsight that strategy may not have been
the wisest course of action.9

VI.

[17] Arkansas’ capital murder trials are
bifurcated. Ark.Code Ann. § 54-602 (Mi-

reliability of a sentencing decision is not dimin-
ished by a trial court’s comments regarding pa-
role.

“9

nding the similarity,
action in this court

ation. with its princip
in Wisconsin. Further

rity with Wisconsin law, °
yplicable law even in the
is undisputed that Wis-
; the controversy in this.
ward the denial of the’

ove that the retention of
court will not constitute

resources and will not
| litigation.

ant also argues that this. ~
ain from exercising its

‘ant the motion to stay
this court because the

S$ would be adequately
his action in the Peruvi-
it more, I do not believe ~

itiated assertion justifies

_aedy of abstention. The

court has properly been

oreign court has not yet

nt. See Ingersoll Mill-
333 F.2d at 684 (affirm-
order staying the pro-
elgian court, exercising
ction, had rendered a

the stay had been de-
: Colorado River Water
rict, 424 U.S. at 813, 96
ant exceptional circum-
irt has obligation to ex-
concurrently with state

lefendant has failed to
ven to assert, that the
1e federal forum or the
risdiction was obtained
the proceedings in this
', I believe that it is the

discretion to deny the -

to stay the proceedings.

SNELL v. LOCKHART

1367

Cite as 791 F.Supp. 1367 (E.D.Ark. 1992)

ORDER

Therefore, IT IS ORDERED that the de-
fendant’s motion to stay the proceedings be
and hereby is denied, with costs.

Richard Wayne SNELL, Petitioner,

A.L. LOCKHART, Director, Arkansas
Department of Correction,
Respondent.

No. PB-C--89-332.

United States District Court,
E.D. Arkansas,
Pine Bluff Division.

April 24, 1992.

After capital murder conviction was
upheld on direct appeal in state court, 290
Ark. 503, 721 S.W.2d 628, 723 S.W.2d 1,
petition for habeas corpus was filed. The
District Court, Van Sickle, J., held that: (1)
petitioner’s guilt phase claims relating to
admission of evidence and prosecutorial
misconduct were procedurally defaulted;
(2) petitioner was not entitled to relief on
his guilt phase claims relating to pretrial
publicity, ineffective assistance of counsel
and prosecutorial misconduct; (3) petition-
er’s penalty phase claims of prosecutorial
misconduct and sentencing instruction er-
ror were procedurally defaulted; but (4)
petitioner was denied effective assistance
of counsel during penalty phase when de-
fense counsel failed to object to “pecuniary
gain” aggravating circumstance; and (5)
remand to Arkansas Supreme Court to re-
weigh aggravating circumstances or apply
harmless error analysis was required.

Petition granted in part and denied in
part.

| nce executed Mur)

1. Habeas Corpus ¢=382

To avoid procedural default, habeas pe-
titioner should present same factual argu-
ments and legal theories in both state and
federal claims. 28 U.S.C.A. § 2254.

2. Habeas Corpus ¢=383

Procedural default barred considera-
tion in federal habeas proceeding of wheth-
er petitioner’s federal constitutional rights
were violated when evidence concerning or-
ganization of which petitioner was a mem-
ber was admitted in state capital murder
trial, where petitioner only argued that ad-
mission of such evidence violated rules of
evidence on his appeal to state court. 28
US.C.A. § 2254.

3. Habeas Corpus ¢=406

Ineffective assistance of counsel can
be cause for procedural default; however,
petitioner must first show that claim of
ineffective assistance of counsel was
presented to state court as independent
claim. 28 U.S.C.A. § 2254.

4. Habeas Corpus ¢406

Petitioner failed to carry burden of
establishing that ineffective assistance of
counsel was cause for procedural default
occurring when petitioner failed to present
his federal claims to state court on appeal
from his capital murder conviction, where
petitioner did not suggest why defense
counsel failed to present federal claims on
appeal. U.S.C.A. Const.Amend. 6.

5. Habeas Corpus 341, 366

Petitioner’s claims regarding alleged
prosecutorial misconduct at capital murder
trial were procedurally defaulted in federal
habeas proceeding, where claims were not
raised at trial or on direct appeal in state
court. 28 U.S.C.A. § 2254.

6. Habeas Corpus 407

Showing that factual or legal basis for
petitioner’s claim was not reasonably avail-
able to counsel can constitute cause for

procedural. default. 28 U.S.C.A. § 2254.

7. Habeas Corpus ¢409

Although. petitioner’s lack of knowl-
edge of plea agreement between prosecu-
tor and key prosecution witness in capital

5 Ohana.”

1304 14 FEDERAL REPORTER, 3d SERIES

cumstances and whether the aggravating cir-
cumstances justify a death sentence.

The second form in the Stumpp trial did
not list any of the six statutory mitigating
circumstances. Rather, it provided blanks
which the jury could fill in if they found
mitigating circumstances. Snell contends
that his counsel were ineffective for failing to
ensure that the statutory mitigating circum-
stances were listed on the verdict form.

Because Snell validly waived his right to
present mitigating evidence, none was pre-
sented. This is significant, for the Supreme
Court has recently reiterated that the Con-
stitution does not require state courts to
instruct juries on mitigating circumstances in
the absence of supporting evidence. Delo v.
Lashley, — U.S. ——, ——, 113 S.Ct. 1222,
1224, 122 L.Ed.2d 620 (1993); see also Hop-
per v. Evans, 456 U.S. 605, 611, 102 S.Ct.
2049, 2058, 72 L.Ed.2d 367 (1982). The Ar-
kansas Supreme Court has reached a similar
conclusion as a matter of state law. Miller v.
State, 269 Ark. 341, 605 S.W.2d 430, 438
(1980) (“We think it a better practice, and
less confusing to the jury, for the circuit
judge to omit from submission any aggrava-
ting or mitigating circumstances that are
completely unsupported by any evidence, and
we take this opportunity to direct the circuit
judges of Arkansas to hereafter follow this
alternate procedure.”), cert. denied, 450 U.S.
1035, 101 S.Ct. 1750, 68 L.Ed.2d 232 (1981).
Consequently, there has been no showing
that counsels’ performance was deficient.
Indeed, the blank form was mandated by the
Arkansas Supreme Court in Miller.’

VIII.

The jury unanimously found that the fol-
lowing two aggravating circumstances exist-

12. Snell claims the analysis is different as to the
sixth mitigating factor—that “the defendant has
no significant history of prior criminal activi-
ty’"—listed in the Arkansas statute. He cites
Woodard v. Sargent, 806 F.2d 153 (8th Cir.1986),
where we held that it was ineffective assistance
for defense counsel to fail to request such an
instruction when there is no evidence in the
record indicating a prior criminal history. How-
ever, even if Woodard remains good law after
Lashley, it is not on point, for the panel in that
case emphasized that the record contained abso-
lutely no evidence of prior criminal activity and

ed at the time of Stumpp’s murder: (1) Snell
had knowingly created a great risk of death
to someone other than the victim and (2) the
murder was committed for pecuniary gain.
At that time, the law of this circuit was that,
in the context of robbery-murder, Arkansas’
“pecuniary gain” aggravating circumstance
violated the eighth amendment because it
merely repeated an element of the underly-
ing offense and therefore did not narrow the
class of all murderers into a subset deserving
the death penalty. Collins v. Lockhart, 754
F.2d 258, 264 (8th Cir.), cert. denied, 474 U.S.
1013, 106 S.Ct. 546, 88 L.Ed.2d 475 (1985).
No Collins objection was raised at trial or on
appeal, but Snell argued the point in his
motion for post-conviction relief both as an
eighth amendment claim and an ineffective
assistance claim.

Since Snell’s trial, the Supreme Court has
held in Lowenfteld v. Phelps, 484 U.S. 231,
246, 108 S.Ct. 546, 555, 98 L.Ed.2d 568
(1988), that

the narrowing function required for a re-

gime of capital punishment may be provid-

ed in either of these two ways: The legis-
lature may itself narrow the definition of
capital offenses, ..., so that the jury find-
ing of guilt responds to this concern, or the
legislature may more broadly define capi-
tal offenses and provide for narrowing by
jury findings of aggravating circumstances ©
at the penalty phase.

In Perry v. Lockhart, 871 F.2d 1384, 1393
(8th Cir.), cert. denied, 493 U.S. 959, 110
S.Ct. 378, 107 L.Ed.2d 363 (1989), this court
held that Lowenfteld required reversal of
Collins.

Snell argued before the district court that
because Collins was good law at the time of
his trial, his counsel were ineffective for fail-

that “‘we can conceive of no possible tactical
reason for such an omission.” Woodard, 806
F.2d at 157. Such is not true here, for there was
trial testimony that Snell participated in conspir-
acies to rob a different pawnshop and to bomb a
pipeline. Trial counsel could well conclude that
it would be better not to rehash those incidents,
. which the prosecution certainly would have em-
phasized had the instruction been given. Be-
cause Snell has not overcome the presumption
that this was a valid trial strategy, he has not
established deficient performance. Strickland,
466 U.S. at 689, 104 S.Ct. at 2065.

WILLIAMS v. FORD MOTOR CO.

1305

Cite as 14 F.3d 1305 (8th Cir. 1994) |

ing to object to the pecuniary gain aggrava-
ting circumstance. The district court agreed,
relying upon Fretwell v. Lockhart, 946 F.2d
571 (8th Cir.1991), a case exactly on point.
The court therefore granted Snell’s habeas
petition, vacated his death sentence, and re-
manded to the Arkansas Supreme Court.
Snell v. Lockhart, 791 F.Supp. at 1887-88.

Since the district court issued its ruling,
the Supreme Court has overruled the Eighth
Circuit’s holding in Fretwell. Lockhart v.
Fretwell, —— U.S. ——, 118 S.Ct. 838, 122
L.Ed.2d 180 (1998). The Court concluded
that, because Perry overruled Collins, Fret-
well could not show that his death sentence
was either an unfair or an unreliable result,
and he therefore could not establish ineffec-
tive assistance based on a failure to raise a
Collins objection. Id. — US. at ——, 118
S.Ct. at 848. This holding directly controls
our case, as Snell concedes. Consequently,
we reverse the district court’s grant of
Snell’s habeas petition.

Nevertheless, Snell asserts that this panel
should revisit the underlying eighth amend-
ment claim. He claims Perry is wrongly
decided in that it interprets Lowenfield too
broadly, and in his briefs he argued that the
Supreme Court would probably limit Lowen-
field’s application in the then pending case,
Tennessee v. Middlebrooks, 840 S.W.2d 317
(Tenn.1992), cert. granted, —- U.S. —, 118
S.Ct. 1840, 128 L.Ed.2d 466 (1993). Howev-
er, the Court has just recently dismissed the
writ of certiorari originally granted in Mid-

dlebrooks. See Tennessee v. Middlebrooks,
U.S. , 114 S.Ct. 651, 126 L.Ed.2d 555_
(1998).

[20] As Lockhart points out, the double
counting issue Snell seeks to revive may have
been procedurally defaulted, for Snell did not
raise it on direct appeal, and the Arkansas
Supreme Court refused to address it in
Snell’s Rule 87 proceedings. Nonetheless,
passing quickly to the merits, we reject
Snell’s argument that Perry should be over-
turned. A panel of this court is not at liberty
to overrule the established law of the circuit,
Goff v. Burton, 7 F.8d 734, 738 (8th Cir.
1993); Campbell v. Purkett, 957 F.2d 535,
586 (8th Cir.1992); Brown v. First Natl
Bank in Lenox, 844 F.2d 580, 582 (8th Cir.),

cert. dismissed, 487 U.S. 1260, 109 S.Ct. 20,
101 L.Ed.2d 971 (1988), and nothing in Mid-
dlebrooks leads us to believe that the Su-
preme Court has decided, or is going to
decide, that Perry was bad law.

IX.

Accordingly, we affirm the judgment of the
district court to the extent it denied Snell’s
petition for writ of habeas corpus. To the
extent the court granted the petition, we
reverse and remand with directions to rein-
state Snell’s death sentence.

w
° Jind NUMBER SYSTEM

Don C. WILLIAMS, Appellant,
v.

FORD MOTOR COMPANY, Appellee.
No. 93-1293.

United States Court of Appeals,
Eighth Circuit.

Submitted Nov. 11, 1993.
Decided Jan. 28, 1994.

African-American employee brought suit
under Title VII alleging race discrimination.
The United States District Court for the
Eastern District of Missouri, Stephen Na-
thaniel Limbaugh, J., entered judgment in
favor of employer, and employee appealed.
The Court of Appeals, McMillian, Circuit
Judge, held that: (1) district court erred in
requiring employee to show that employer
replaced or sought to replace him with non-
minority in order to establish prima facie
case; (2) plaintiff established prima face
case; but (8) statistics were insufficient to
prove that employer’s proffered reason for
its refusal to reinstate plaintiff was pretextu-
al.

Affirmed.

1370 791 FEDERAL SUPPLEMENT

Eighth, and Fourteenth Amendment rights. August 15, 1985, resulting in a conviction
U.S.C.A. Const.Amends. 5, 8, 14. and a sentence of death by lethal injection.

29. Criminal Law ¢>641.13(7) Snell was represented at trial by court.
: ; ; appointed counsel Marshall Moore and Rick
Defendant was denied effective assist-

f | dur lyk f Shumaker.
ance of counsel during penalty phase o | .
Arkansas capital murder trial based on The Arkansas Supreme Court affirmed
murder committed during course of rob- the conviction and sentence on direct ap-
bery when defense counsel failed to object St am aa iene oh yas _ . i
to “pecuniary gain” aggravating circum- *"° mm Teng ey
stance, where law in effect at time of trial S.W.2d 1 (per curiam), cert. denied, 484
ma — avating clteuinatance of pecunt. US. 872, 108 S.Ct. 202, 98 L.Ed2d 153
eer ng ; re = (1987). Thereafter, the Arkansas Supreme
ary gain constitutionally unacceptable in ‘ . ne ,
Court denied Snell’s petition to proceed in
robbery/murder cases. A.C.A. § 54-604; . ns i
U.S.C.A. Const.Amends. 6 8 Miller County Circuit Court pursuant to
actin Mis: ahicreaine sith Ma Arkansas Criminal Procedure Rule 37 for
30. Habeas Corpus ¢=795(1) post-conviction relief.'! Smell v. State, No.
Determination in habeas corpus pro- CR 85-206, 1988 WL 81730 (Ark. Oct. 3,
ceeding that petitioner was denied effective 1988) (per curiam), cert. denied, 490 U.S.
assistance of counsel during penalty phase 1075, 109 S.Ct. 2090, 104 L.Ed.2d 653
of capital murder prosecution when de- (1989).

fense counsel failed to object to “pecuniary On June 16, 1989, Richard Wayne Snel!
gain” aggravating circumstance requiring filed a petition for writ of habeas corpus in
remand to Arkansas Supreme Court to re- this Court pursuant to 28 U.S.C. § 2254.”
weigh aggravating circumstances or apply On June 19, 1989, the district court granted
harmless error analysis. A.C.A. § 5-4- a stay of execution. An evidentiary hear-
603(d); U.S.C.A. Const. Art. 1, § 10, cl. 1. ing was held in Little Rock, Arkansas No-

ge vember 5 through November 8, 1991 and
January 21 through January 28, 1992. The
petitioner alleges that numerous constitu-
tional errors occurred during his trial

Jeff Rosenzweig, Little Rock, Ark., G.
William Currier, John J. McAvoy, Harriet

— Robinson, Beth Haroules, . white & which he contends require this Court to set
Case, Washington, D.C., for petitioner. aside the conviction and sentence of death.

Jack Gillean, Deputy Atty. Gen., Darnisa The petitioner claims that his: (A) Fifth,
Evans Johnson, Asst. Atty. Gen., Little Sixth, Eighth and Fourteenth Amendment
Rock, Ark., for respondent. right to an impartial jury in both the guilt
and penalty phases of the trial was violated
due to pretrial publicity; (B) Sixth and

og Fourteenth Amendment right to effective
VAN SICKLE, District Judge. assistance of counsel was violated in the

On November 8, 1983, William Stumpp — guilt and penalty phases of the trial and on
was murdered in the course of a robbery of direct appeal; (C) Fifth, Sixth, Eighth and
his pawnshop in Texarkana, Arkansas. On Fourteenth Amendment rights were violat-
November 1, 1984, Richard Wayne Snell ed by prosecutorial misconduct during the
was charged with capital murder in the guilt and penalty phases of the trial; (D)
death of William Stumpp. The trial was First, Fifth, Sixth and Fourteenth Amend-
conducted before the Honorable Philip Pur- ment rights to free association, presump-
ifoy, Miller County Circuit Court at Texar- tion of innocence and a fair and unbiased
kana, Arkansas between August 13 and trial were violated due to the introduction

MEMORANDUM AND ORDER

1. The Arkansas Supreme Court, effective July 1,
1989, abolished Arkansas Criminal Procedure
Rule 37, thereby eliminating the state post-con-
viction remedy. See Whitmore v. State, 299
Ark. 55, 771 S.W.2d 266 (1989).

2. This Court is sitting by designation from the
District of North Dakota.

of evidence of the belief

wrongs of an organizati

Fourteenth Amendment
ed by the sentencing

jury. The Court will a:

turn.

I. GUILT PHASE

A. Procedur
{1] The respondent
default defenses to the

CSA evidence and pr
duct. The doctrine of
requires the petitioner
eral claims to the state
procedurally correct r
provide the state court
decide the merits of thc
dy v. Delo, 959 F.2d 11
The petitioner should p
tual arguments and le
the state and federal
Armontrout, 937 F.2d
cert. denied, —- U.S.
116 L.Ed.2d 450 (1991)

the petitioner did not s:_

claims, “federal habs
claims is barred unle:
demonstrate cause for
tual prejudice as a ré
violation of federal |:
that failure to conside
sult in a fundamenta!
tice.” Coleman v. 7
—, —, lll SC
L.Ed.2d 640 (1991). S
v. Sykes, 433 US. 72
L.Ed.2d 594 (1977).

1. CSA Evidence

[2] The petitioner
mission of evidence re;
of the CSA violated h

|
|
~enant, The Sword anc
Lord” (CSA) and; (E)

and Fourteenth Amen: |

association, a presulr
and a fair and unbia
court allowed the ad

3. As Justice Purtle state
ion, “[w]hether the gra
was a shining light in h:

1372 791 FEDERAL SUPPLEMENT

Snell v. State, 721 S.W.2d 628 (Ark.1986).
Pet.Exh. 46.

“It is not enough that all the facts neces-
sary to support the federal claim were be-
fore the state courts.” Anderson v. Har-
less, 459 U.S. 4, 6, 103 S.Ct. 276, 277, 74
L.Ed.2d 3 (1982) (per curiam) (citing Picard
v. Connor, 404 U.S. 270, 277, 92 S.Ct. 509,
518, 30 L.Ed.2d 438 (1971). “Failure to
present the same legal theory in state court
constitutes a bar to federal habeas corpus
review.” Johnson v. Armontrout, 923
F.2d 107, 108 (8th Cir.), cert. denied, —
US. ——, 112 S.Ct. 106, 116 L.Ed.2d 75
(1991). While the petitioner did present the
same facts to the Arkansas Supreme
Court, it is obvious that he did not present
his federal constitutional claims to the Ar-
kansas Supreme Court. The failure to cite
any federal case or any constitutional pro-
vision other than that mentioned above,
“was not a sufficient presentation of the
federal constitutional issue.” Thomas v,
Wyrick, 622 F.2d 411, 413 (8th Cir.1980).
The Arkansas Supreme Court cannot be
faulted for failing to consider sua sponte
the petitioner’s federal claims. Picard, 404
U.S. at 277, 92 S.Ct. at 518. Accordingly,
since no non-futile state remedies remain,
the federal habeas claim concerning CSA
evidence is procedurally defaulted unless
the petitioner can demonstrate cause for
the default and actual prejudice as a result
of the alleged violation. See McDougald v.
Lockhart, 942 F.2d 508, 511 (8th Cir.1991);
Smittie v. Lockhart, 843 F.2d 295, 296 (8th
Cir.1988).

[3] The petitioner alleges ineffective as-
sistance of counsel as cause for the default.
Ineffective assistance of counsel can be
cause for a procedural default. Murray v.
Carrier, 477 U.S. 478, 488, 106 S.Ct. 2639,
2645, 91 L.Ed.2d 397 (1986). However, the
petitioner must first show that this claim of
ineffective assistance of counsel was
presented to the state courts as an indepen-
dent claim. Murray, 477 US. at 489, 106
S.Ct. at 2646. In other words, since the
petitioner asserts that defense counsel
were ineffective for failing to present fed-
eral constitutional arguments to the Arkan-
sas Supreme Court on direct appeal, the

petitioner must show that he argued inef-
fective assistance of counsel on this ground
to the Arkansas Supreme Court in his Rule
37 post-conviction petition. The petitioner
argued in his Rule 37 petition as follows:

Counsel failed to appeal major consti-
tutional claims, including substantial
First, Fifth, Sixth, Eighth and Four-
teenth Amendment violations due to inef-
fective assistance, prosecutorial miscon-
duct and judicial error. Moreover, none
of the issues raised on appeal were
identified as constitutional violations.
Finally, counsel failed to rely on control-
ling state and federal case law.

Petition For Permission To Proceed Under
‘Criminal Procedure Rule 37 at 63, Snell v.
State, No. CR-85~206 (Ark. Oct. 8, 1988)
(emphasis added). Pet.Exh. 7. The peti-
tioner has presented this claim of ineffec-
tive assistance of counsel to the state court
as an independent claim in accordance with
Murray.

[4] The question of whether defense
counsels’ failure to raise federal claims on
appeal constitutes ineffective assistance of
counsel is controlled by the standard set
forth in Strickland v. Washington, 466
US. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674
(1984). The petitioner does not suggest
why defense counsel failed to present fed-
eral claims on appeal nor did the evidentia-
ry hearing shed any light on this issue.
The Supreme Court, in Engle v. Isaac, 456
U.S. 107, 102 S.Ct. 1558, 71 L.Ed.2d 783
(1982), stated:

We have long recognized, however, that
the Constitution guarantees criminal de-
fendants only a fair trial and a compe-
tent attorney. It does not insure that
defense counsel will recognize and raise
every conceivable constitutional claim.
Where the basis of a constitutional claim
is available, and other defense counsel
have perceived and litigated that claim,
the demands of comity and finality coun-
sel against labeling alleged unawareness
of the objection as cause for a procedural
default.

456 U.S. at 134, 102 S.Ct. at 1575. The
petitioner has not carried his burden of
establishing cause for failing to present his

federal claims to the Ark:

~ Court. Moreover, the peti

establish prejudice, becau:
show that the outcome wi
different. Finally, the cons
tion here, if any, did not
conviction of one who is ac
Murray, 477 U.S. at 496, 1¢

2. Prosecutorial Miscon:

[5] The petitioner alleg
misconduct at the guilt pl!
tioner claims that the pr
improper attempts to curr,
tential jurors during voir
improper appeals to the pas
dice of the jury during c'
and during rebuttal ars
claims were not raised at *
appeal. Accordingly, sin<
state remedies remain, t!
procedurally defaulted.

The petitioner again cla
tive assistance of counsel -
for his default. Howeve
allege ineffective assistanc
fense counsels’ failure to o
ecutor’s attempts to curr)
jurors during voir dire in
Murray. Therefore, the 5
shown cause for his de:
claim.

The petitioner did alleg
sistance based upon defer
ure to object to the pro
remarks. As discussed be
er has not established tha’
cient performance prejud

[6,7] The petitioner
the prosecution suppress
sented the plea agreemer
ness William Thomas. T'
presented to the state cc
fore defaulted. | Howeve
claims cause based upon (
knowledge necessary to n
showing that the factual
the petitioner’s claim w:
available to counsel can
Murray, 477 U.S. at 488,

William Thomas was a
Stumpp murder and wa

SNELL v. LOCKHART

1371

Cite as 791 F.Supp. 1367 (E.D.Ark. 1992)

of evidence of the beliefs, aims, crimes, and
wrongs of an organization called “The Cov-
enant, The Sword and’ The Arm of The
Lord” (CSA) and; (E) Fifth, Eighth and
Fourteenth Amendment rights were violat-
ed by the sentencing instructions to the
jury. The Court will address each issue in
turn.

I. GUILT PHASE
A. Procedural Default

[1] The respondent raises procedural
default defenses to the claims of prejudicial
CSA evidence and prosecutorial miscon-
duct. The doctrine of procedural default
requires the petitioner to “present his fed-
eral claims to the state courts in a timely or
procedurally correct manner in order to
provide the state courts an opportunity to
decide the merits of those claims.” Kenne-
dy v. Delo, 959 F.2d 112, 115 (8th Cir.1992).
The petitioner should present the same fac-
tual arguments and legal theories in both
the state and federal claims. Kenley v.
Armontrout, 937 F.2d 1298, 1302 (8th Cir.),
cert. denied, —- U.S. ——, 112 S.Ct. 431,
116 L.Ed.2d 450 (1991). In the event that
the petitioner did not so present his federal
claims, “federal habeas review of the
claims is barred unless the prisoner can
demonstrate cause for the default and ac-
tual prejudice as a result of the alleged
violation of federal law, or demonstrate
that failure to consider the claims will re-
sult in a fundamental miscarriage of jus-
tice.” Coleman v. Thompson, — USS.
——, —, 11] S.Ct. 2546, 2565, 115
L.Ed.2d 640 (1991). See also Wainwright
v. Sykes, 483 U.S. 72, 97 S.Ct. 2497, 53
L.Ed.2d 594 (1977).

1. CSA Evidence

[2] The petitioner claims that the ad-
mission of evidence regarding the activities
of the CSA violated his First, Fifth, Sixth
and Fourteenth Amendment rights to free
association, a presumption of innocence,
and a fair and unbiased trial. The trial
court allowed the admission of CSA evi-

3. As Justice Purtle stated in his dissenting opin-
ion, “[wjhether the grandfather of this witness
was a shining light in his church or hanged as a

dence regarding beliefs, weapons, military
training, criminal activities, and an alleged
plan to rob a Springfield, Missouri pawn-
shop. The petitioner’s relevancy objections
were overruled by the court.

On appeal, the petitioner argued that the
CSA evidence was irrelevant, prejudicial
and improper under the rules of evidence.
First, the petitioner argued that the trial
court erred in allowing certain testimony
during the state’s cross-examination of Tim
Russell. The testimony regarded, in part,
Russell’s grandfather and the grandfa-
ther’s activities.* Without citation to any
cases, the petitioner argued that the testi-
mony was inadmissible and that the trial
court abused its discretion in allowing such
testimony.

Second, the petitioner argued that the
trial court erred in allowing certain testi-
mony during the state’s cross-examination
of Bennie Avery. Again, without citation
to any cases, the petitioner asserted that
the questioning was irrelevant and went
beyond the scope of permissible cross-ex-
amination. The petitioner next argued that
the trial court erred in allowing the testi-
mony of state witness Kent Yates. The
petitioner argued, without case citation,
that the testimony was irrelevant under the
rules of evidence. Fourth, the petitioner
argued that the trial court erred in admit-
ting evidence that the petitioner and others
planned to rob a Springfield, Missouri
pawnshop prior to the Stumpp robbery and
murder. The petitioner again urged rever-
sal based upon the rules of evidence. Fi-
nally, the petitioner contended that the trial
court erred in allowing state witness Wil-
liam Thomas to testify as to CSA crimes.
Again, the petitioner sought relief under
the rules of evidence. Only in his final
sentence did Snell allude to the Constitu-
tion. “To deny appellant a new trial as a
result of the irrelevant and prejudicial testi-
mony being admitted into evidence would
make a mockery out of the due process
clause of the United States Constitution.”
Appellant’s Abstract and Brief at 276-277,

horse thief is not relevant to this case.” Snell v.
State, 721 S.W.2d at. 642.

1 inef-
round
; Rule
tioner
llews:
consti-
tantial
Four-
o inef-
\iscon-
, none
' were
tions.
ontrol-

Under
nell v.

1988)
e peti-
neffec-
e court
-@ with

iefense
ims on
ance of
urd set
n, 466
2d 674
uggest
nt fed-
identia-
issue.
ac, 456
2d 783

or, that
inal de-
compe-
re that
id raise

claim.
al claim
counsel
t claim,
ty coun-
areness
ycedural

5. The
rden of
sent his

_ federal claims to
Court. Moreover,
establish prejudice,
show that the outcome would have been
different. Finally, the constitutional viola-

SNELL v. LOCKHART

1373

Cite as 791 F.Supp. 1367 (E.D.Ark. 1992)

the Arkansas Supreme
the petitioner failed to
because he did not

tion here, if any, did not result in the
conviction of one who is actually innocent.
Murray, 477 U.S. at 496, 106 S.Ct. at 2649.

2. Prosecutorial Misconduct

[5] The petitioner alleges prosecutorial
misconduct at the guilt phase. The peti-
tioner claims that the prosecution made
improper attempts to curry favor with po-
tential jurors during voir dire and made
improper appeals to the passions and preju-
dice of the jury during closing argument
and during rebuttal argument. These
claims were not raised at trial or on direct
appeal. Accordingly, since no non-futile
state remedies remain, these claims are
procedurally defaulted.

The petitioner again claims that ineffec-
tive assistance of counsel establishes cause
for his default. However, Snell did not
allege ineffective assistance based upon de-
fense counsels’ failure to object to the pros-
ecutor’s attempts to curry favor with the
jurors during voir dire in accordance with
Murray. Therefore, the petitioner has not
shown cause for his default as to this
claim.

The petitioner did allege ineffective as-
sistance based upon defense counsels’ fail-
ure to object to the prosecutor’s closing
remarks. As discussed below, the petition-
er has not established that the alleged defi-
cient performance prejudiced the defense.

[6,7] The petitioner also argues that
the prosecution suppressed and misrepre-
sented the plea agreement with state wit-
ness William Thomas. This claim was not
presented to the state court and is there-
fore defaulted. However, the petitioner
claims cause based upon the lack of factual
knowledge necessary to make the claim. A
showing that the factual or legal basis for
the petitioner’s claim was not reasonably
available to counsel can constitute cause.
Murray, 477 U.S. at 488, 106 S.Ct. at 2645.

William Thomas was a participant in the
Stumpp murder and was the state’s key

witness as to the petitioner’s role in the
crime. Thomas was also facing charges in
federal court and on July 8, 1985, entered
into a plea agreement providing that he
would plead guilty to one RICO count and
two others would be dismissed in exchange
for cooperation and testimony in federal
court. The RICO count carried a maxi-
mum penalty of 20 years. United States v.
William Thomas, Crim. No. 85-20006-02
(W.D.Ark. Apr. 29, 1985). Pet.Exh. 48.
Thereafter, on September 4, 1985, Thomas
was sentenced in federal court to 12 years
imprisonment, to run concurrently with
sentences imposed in Missouri state and
federal court.

On July 31, 1985, pretrial motions were
heard in the Stumpp case. At that time,
Kirk Johnson, the Stumpp prosecutor, did
not disclose any consideration given for
testimony. Kirk Johnson did not disclose
any information regarding Thomas because
he had not yet interviewed or “struck a
deal” with Thomas. Hearing Tr. 1014.
Kirk Johnson testified at the evidentiary
hearing that once an agreement with
Thomas was reached, he verbally notified
the petitioner’s counsel. Hearing Tr. 1023.
Thus, the Court finds that the prosecution
did not suppress their agreement with Wil-
liam Thomas.

The state’s agreement with Thomas was
brought out on direct examination at the
petitioner’s trial:

Q. Mr. Thomas, you are currently
awaiting sentence on 4 number of
charges in Federal Court, are you not?

A. I am waiting on one charge now.

Q. Excuse me, one charge?

A. Yes, sir.
Q. Do you know what your liability is
on that?

A. Could be thirty years.

Q. That is up to a Federal Judge?

A. Yes, sir.

Q. In consideration of your testimony
here today you have been told that you
will not get any more than thirty
years?

A. That is right.

Q. Is that correct?

1374

A. Yes, sir.

Q. In relation to this matter?
A. In this matter, yes.

Q. If the State would recommend that
you understand that is up to the Judge
to make that decision?

A. Yes.

Trial Tr. 885. And on cross-examination:
Q. You say that you have not been
charged with capital murder?
A. Not yet.

Q. Do you think you are going to be—
has anybody said anything to you
about being charged?

A. No, sir.—Yes they have. They said
for my cooperation in this, that the
time that I would get would not be
more than the Federal time which
could be thirty years.

Trial Tr. 904.

Following trial, Kirk Johnson decided not
to take a guilty plea from Thomas at that
time, but to wait until after Thomas had
testified against the other accomplice, Ste-
phen Scott. Hearing Tr. 1088-39. On
June 25, 1987, Scott pled guilty to first
degree murder. Pet.Exh. 41. Kirk John-
son left office in December 1986, and
Thomas never pled guilty to any crime in
connection with the Stumpp murder. The
Court concludes that the prosecution did
not misrepresent to the jury the state’s
deal with William Thomas. While the
Court finds cause for the petitioner’s de-
fault, the petitioner has failed to establish
prejudice since the evidence of the plea

bargain presented to the jury was the
truth. —

B. Pretrial Publicity

[8]. The evidence adduced during trial
showed that on November 38, 1983, Richard
Wayne Snell, together with William Thom-
as and Stephen Scott, traveled to Texar-
kana, Arkansas for the purpose of robbing
Joe’s Pawn Shop on State Line Avenue.
As stated in the opinion of the Arkansas
Supreme Court:

4. The sequence of events was as follows:
1. November 3, 1983—Stumpp murder
2. June 30, 1984—Bryant murder

3. November 1, 1984—Conviction for Bryant
murder

791 FEDERAL SUPPLEMENT

they parked behind the pawnshop at 1:00
p.m. and after checking the Ruger pisto]
to make sure it was loaded, Snell entered
the pawnshop, followed by Scott. When
they returned Scott was carrying a box
of weapons and Snell his brief case, con-
taining $90 and a large quantity of jewel-
ry. Snell told Thomas he shot Stumpp as
he turned his back to open the safe.

Snell v. State, 721 S.W.2d at 637.

Thereafter, the petitioner killed again,
On June 30, 1984, Arkansas State Trooper
Louis Bryant was gunned down while mak-
ing a traffic stop of Snell near De Queen,
in Sevier County, Arkansas. Within the
next hour, Snell was apprehended follow-
ing a shootout near Broken Bow, Okla-
homa. Then, on July 5, 1984, four De
Queen police officers were killed in a traf-
fic accident while en route to Bryant’s fu-
neral. On November 1, 1984, in Sevier
County Circuit Court, the petitioner was
convicted of murdering Trooper Bryant and
was sentenced to life imprisonment without
parole. See Snell v. State, 287 Ark. 264,
698 S.W.2d 289 (1985) (affirming the con-
viction). Immediately after the conviction
in the Bryant case, the petitioner was
charged with capital murder in the Stumpp
case. So, the Bryant murder and the peti-
tioner’s subsequent trial and conviction for
the Bryant murder, occurred in the interim
between the Stumpp murder and the
Stumpp trial! As would be expected, the
combination of the Bryant murder and tri-
al, the fatal accident involving the De
Queen officers, and the Stumpp murder

and trial generated a tremendous amount
of publicity.

The petitioner argues that he was denied
his Sixth and Fourteenth Amendment right
to a fair trial by an impartial jury because
of prejudicial pretrial publicity. In spite of
the publicity, the trial court denied the peti-
tioner’s motion for a change of venue. Tri-
al Tr. 384-385. Subsequently, the trial
court accepted a trial panel of jurors from

4. August 15, 1985—Conviction for Stumpp
murder

Ss"
Cite as
Miller County. Findings as to jur
cations are questions of fact subj
presumption of correctness. <
§ 2254(d). See Patton v. Yount,
1025, 1036, 104 S.Ct. 2885, 2891, ©
847 (1984). |
The trial court conducted voi
August 8 and 9, 1985. First, the
and then counsel conducted ge
dire. During general voir dire, n
men were excused for prejudice.
392, 398, 394, 396, 397, 399, 4038
The trial court then commenced
voir dire. Individual voir dire wa
ed for the purpose of question:
men on any prejudice formed th |
trial publicity, and on their vie
imposing the death penalty or il
native life imprisonment withov

Forty veniremen were individ:
ined for the seating of twelve
two alternates. Of the twenty
men questioned but not seated,
cution removed five by peremp:
the defense removed eleven by
strike, and ten were excused for
the ten excused for cause, on:
excused in the seating of the
jurors. The alternate jurors
missed when the jury began
Trial Tr. 1134. Of the six exc
seating of the first twelve j
were excused for prejudice an
excused for other reasons. T
506, 566, 586, 609, 638.

An examination of the rec
that the jurors were impartial.
of voir dire reveals that pretr
was not nearly as pervasive a:
the petitioner. Juror (1) Brov
that “I read two or three artic!
firm opinion I would say pr‘
Trial Tr. 507.. When asked w'
or had heard, seen or read ab
tioner, Juror (2) Hackworth
lieve it or not, very little, be
haven't.” Trial Tr. 532-383.
Pierce was asked if she had r
cles concerning Snell and rep!
think so. This thing has been
back.” Trial Tr. 552. Juror (

cated that she had not read «

SNELL v. LOCKHART

1375

Cite as 791 F.Supp. 1367 (E.D.Ark. 1992)

Miller County. Findings as to juror quailifi-

cations are questions of fact subject to the

presumption of correctness. 28 U.S.C.

§ 2254(d). See Patton v. Yount, 467 U.S.

1025, 1036, 104 S.Ct. 2885, 2891, 81 L.Ed.2d
847 (1984).

The trial court conducted voir dire on
August 8 and 9, 1985. First, the trial court
and then counsel conducted general voir
dire. During general voir dire, nine venire-
men were excused for prejudice. Trial Tr.
392, 393, 394, 396, 397, 399, 403, 424, 443.
The trial court then commenced individual
voir dire. Individual voir dire was conduct-

ed for the purpose of questioning venire- -

men on any prejudice formed through pre-
trial publicity, and on their views toward
imposing the death penalty or in the alter-
native life imprisonment without parole.

Forty veniremen were individually exam-
ined for the seating of twelve jurors and
two alternates. Of the twenty-six venire-
men questioned but not seated, the prose-
cution removed five by peremptory strike,
the defense removed eleven by peremptory

‘strike, and ten were excused for cause. Of
the ten excused for cause, only six were
excused in the seating of the first twelve

jurors. The alternate jurors were dis-
missed when the jury began deliberating.
Trial Tr. 1134. Of the six excused in the
seating of the first twelve jurors, four
were excused for prejudice and two were
excused for other reasons. Trial Tr. 461,
506, 566, 586, 609, 638.

An examination of the record reveals
that the jurors were impartial. The record
of voir dire reveals that pretrial publicity
was not nearly as pervasive as claimed by
the petitioner. Juror (1) Brown indicated
that “I read two or three articles—but as a
firm opinion I would say probably not.”
Trial Tr. 507. When asked what he knew
or had heard, seen or read about the peti-
tioner, Juror (2) Hackworth stated “[ble-
lieve it or not, very little, because I just
haven't.” Trial Tr. 532-33. Juror (3)
Pierce was asked if she had read any arti-
‘eles concerning Snell and replied, “I don’t
think so. This thing has been quite a while
back.” Trial Tr. 552. Juror (4) Smith indi-
cated that she had not read or heard any-

thing about the case. Trial Tr. 555. In
addition, Juror (5) Foote stated that if she
had read any articles about the petitioner,
she didn’t remember it. Trial Tr. 559. Ju-
ror (6) Cox explained, “{pJertaining to this
case, I think I read one article in the paper
where he was accused—not accused, but
questioned about it one time I noticed in
the paper.” Trial Tr. 568. Concerning
what she had read or heard about Snell,
Juror (7) Beasley related, “The only thing I
can honestly say is the other trial that he
was on. As far as what happened in Tex-
arkana I really—I didn’t know that he was
even a suspect until I got called up here.”
Trial Tr. 576. Juror (8) Potts recalled read-
ing in the paper that the police thought the
petitioner was responsible for killing
Stumpp. However, she then stated that “I
believe a person is innocent until proven
guilty.” Trial Tr. 616. Queried about
whether he had formed an opinion in the
case, Juror (9) Dixon responded in the neg-
ative. “No. I have heard very little. I
travel quite a bit. I very seldom get the
local news.” Trial Tr. 619. Again, regard-
ing publicity about Snell, Juror (10) Randall
remarked, “I have not read any articles or
anything.” Trial Tr. 632. Juror (11) Ho-
nea observed that prior to coming for the
initial voir dire, she had heard or read very
little about the petitioner. Trial Tr. 689.
Finally, Juror (12) McKellar mentioned that
“T don’t believe I read any articles about it
[Snell] at all, but I think I saw something
on T.V. a long time ago when it first came
out.” Trial Tr. 649.

[9] While some of the jurors were
aware of the petitioner’s conviction in the
Bryant case, jurors need not be totally ig-
norant of the facts and issues involved.
“The accused is not entitled to an ignorant
jury, just a fair one.” Svmmons v. Lock-
hart, 814 F.2d 504, 510 (8th Cir.1987), cert.
denied, 485 U.S. 1015, 108 S.Ct. 1489, 99
L.Ed.2d 717 (1988). Jurors need only be
able to set aside their opinions or impres- .
sions and render a verdict on the evidence
presented. Irvin v. Dowd, 366 U.S. 717,
728, 81 S.Ct. 1639, 1643, 6 L.Ed.2d 751
(1961). Here, each juror stated that he or
she could set aside anything read, heard or
seen and base a verdict solely upon the

1376

evidence. The record of the voir dire falls
far short of revealing such hostility to-
wards the petitioner as to suggest a par-
tiality that could not be laid aside. Swin-
dler v. Lockhart, 885 F.2d 1342, 1848 (8th
Cir.1989) (quoting Murphy v. Florida, 421
US. 794, 800, 95 S.Ct. 2031, 2086, 44

L.Ed.2d 589 (1975)), cert. denied, 495 U.S.’

911, 110 S.Ct. 1938, 109 L.Ed.2d 301 (1990).
See also United States v. Faul, 748 F.2d
1204, 1213 (8th Cir.1984), cert. denied, 422
U.S. 1027, 105 S.Ct. 3500, 87 L.Ed.2d 632
(1985).

“Most significantly, [Snell] and his attor-
neys pronounced each juror to be ‘good for
the defense.’” Simmons, 814 F.2d at 511.
Trial Tr. 516, 535, 553, 557, 560, 578, 578,
617, 622, 634, 648, 650. Juror Brown was
initially challenged for cause by the de-
fense. However, following further exami-
nation, defense counsel agreed that Juror
Brown “is good.” No other juror was chal-
lenged for cause. Further, during the
seating of the first twelve jurors, the peti-
tioner used only nine of his twelve peremp-
tory challenges. Thus, the Court would be
unable to find any prejudice since the peti-
tioner was tried by a jury which he found
to be acceptable: Simmons, 814 F.2d at
511-512.

Finally, the petitioner has submitted a
large number of newspaper articles as well
as video tapes of television coverage relat-
ing to the survivalist movement in Arkan-
sas,° the Bryant murder and trial, the traf-
fic accident involving the De Queen offi-
cers, and the Stumpp murder and trial.
The petitioner’s expert, Dr. Lawrence No-
ble, testified at the evidentiary hearing that
Miller County was so saturated with preju-
dicial pretrial publicity from all these
events that it would have been virtually
impossible for the petitioner to receive a
fair trial. Hearing Tr. 610.

- 5. See generally, United States v. Ellison, 793 F.2d
942 (8th Cir.), cert. denied, 479 U.S. 937, 107
S.Ct. 415, 93 L.Ed.2d 366 (1986) and United
States v, Udey, 748 F.2d 1231 (8th Cir.1984), cert.
denied, 472 U.S. 1017, 105 S.Ct. 3477, 87 L.Ed.2d
613 (1985).

791 FEDERAL SUPPLEMENT

Dr. Noble calculated a derogatory refer-
ence rate of approximately 6 for Miller
County. The higher the rate, the greater
the prejudicial pretrial publicity. Dr. No-
ble’s derogatory reference rate dealt with
pretrial publicity overall. Significantly, Dr.
Noble’s study did not establish the expo-
sure of prejudicial publicity to the individu-
al jurors. Therefore, the derogatory refer-
ence rate offers nothing but speculation as
to the actual exposure of the jurors actual-
ly selected to hear the case. As to the
jurors themselves, there is concrete evi-
dence; their answers in voir dire. And, the
answers in voir dire are the relevant factor.
“In order to conclude whether [Snell’s]
right to a fair trial was prejudiced by the
pretrial publicity, it is necessary to deter-
mine the actual effect of the publicity on
the venire panel from which his jury was
selected, and on the jury itself.” Sim-
mons, 814 F.2d at 510 (emphasis added).§

[10] Also, the mere quantity of news
coverage is not sufficient by itself to ren-
der a trial constitutionally unfair. Dobbert
v. Florida, 432 U.S. 282, 308, 97 S.Ct. 2290,
2303, 53 L.Ed.2d 344 (1977). The Court has
reviewed the petitioner’s exhibits and con-
cludes that the newspaper articles and tele-
vision coverage were essentially factual
rather than inflammatory. Murphy, 421
US. at 800 n. 4, 95 S.Ct. at 2086 n. 4.
Again, there has been no showing beyond
the answers of the jurors as to the extent
these particular jurors were exposed to or
affected by the pretrial publicity. For the
foregoing reasons, the petitioner is not en-
titled to relief on this claim.

C. Ineffective Assistance of Counsel

The petitioner claims that he was denied
his Sixth Amendment right to effective as-
sistance of counsel. Snell asserts that his
court-appointed trial counsel, Rick Shumak-
er and Marshall Moore, were constitutional-

6. Dr. Noble referred to a recent Kansas case
where he testified as to a derogatory reference
rate of 5. Hearing Tr. 602, 627. The Court
notes that in the Kansas case, Dunn v. Roberts,
768 F.Supp. 1442, 1445-1447 (D.Kan.1991), the
district court concluded that the petitioner there
had not shown such prejudice that an impartial
jury could not be impanelled.

Bs Speer ot ER

ly ineffective in nearly all as

representation. This Court i

follow the standard set forth

v. Washington, 466 U.S. 668, —

2052, 2064, 80 L.Ed.2d 674 (
A convicted defendant’s cla
sel’s assistance was so de
require reversal of a convi‘
sentence has two componen
defendant must show that
formance was deficient.
showing that counsel made
ious that counsel was not !
the “counsel” guaranteed
by the Sixth Amendment.
defendant must show that
performance prejudiced
This requires showing that
rors were so serious as t:
defendant of a fair trial,
result is reliable. Unless
makes both showings, it c
that the conviction or deat!
sulted from a breakdown
sary process that render
unreliable.

1. Pretrial Publicity

{11] The petitioner’s first
fective assistance of counsel
trial publicity. Snell contend:
counsels’ preparation of the
ue motion was poorly draft:
fense counsel did not collect
cles and failed to obtain a
Crime Stoppers reenactment
murder. However, the cha
motion was timely and prope:
with two affidavits. The two
fied at the hearing. — Trial
Following denial of the cha
motion, the petitioner. conte
fense counsel should have re
-tinuance. Presumably, the
the emotions of the citizens
cooled before trial.

The petitioner also claims
counsel were derelict for fail:
a pretrial hearing concernin;
other crimes. The other cr’
related to the activities of t!
Arkansas Supreme Court de
this evidence was properly

SNELL v. LOCKHART 1377
Cite as 791 F.Supp. 1367 (E.D.Ark. 1992)

ly ineffective in nearly all aspects of their
representation. This Court is required to
follow the standard set forth in Strickland
v. Washington, 466 U.S. 668, 687, 104 S.Ct.
2052, 2064, 80 L.Ed.2d 674 (1984).
A convicted defendant’s claim that coun-
sel’s assistance was SO defective as to
require reversal of a conviction or death
sentence has two components. First, the
defendant must show that counsel’s per-
formance was deficient. This requires
showing that counsel made errors so ser-
ious that counsel was not functioning as
the “counsel” guaranteed the defendant
by the Sixth Amendment. Second, the
defendant must show that the deficient
performance prejudiced the defense.
This requires showing that counsel’s er-
rors were so serious as to deprive the
defendant of a fair trial, a trial whose
result is reliable. Unless a defendant
makes both showings, it cannot be said
that the conviction or death sentence re-
sulted from a breakdown in the adver-
sary process that renders the result
unreliable.

i. Pretrial Publicity

[11] The petitioner’s first claim of inef-
fective assistance of counsel relates to pre-
trial publicity. Snell contends that defense
counsels’ preparation of the change of ven-
ue motion was poorly drafted. Also, de-
fense counsel did not collect enough arti-
cles and failed to obtain a copy of the
Crime Stoppers reenactment of-the Stumpp
murder. However, the change of venue
motion was timely and properly filed along
with two affidavits. The two affiants testi-
fied at the hearing. Trial Tr. 367, 379.
Following denial of the change of venue
motion, the petitioner contends that de-
fense counsel should have requested a con-
tinuance. Presumably, the publicity and
the emotions of the citizens would have
cooled before trial.

The petitioner also claims the defense
counsel were derelict for failing to request
a pretrial hearing concerning evidence of
other crimes. The other crimes evidence
related to the activities of the CSA. The
Arkansas Supreme Court determined that
this evidence was properly admitted. In

any event, uncontroverted evidence of the
murder and the circumstances of the mur-
der force the conclusion that the deficient
performance, if any, did not prejudice the
petitioner.

2. Voir Dire

[12] The petitioner next argues that de-
fense counsel failed to conduct a thorough
and effective voir dire. Specifically, de-
fense counsel failed to object for cause to a
number of jurors. However, as discussed
above, each juror stated at voir dire that he
or she could be impartial and decide the
case on the evidence presented. Therefore,
Snell has not shown that defense counsels’
performance in failing to object was defi-
cient. _ |

3. Failure to Investigate

[13] The petitioner next alleges that de-
fense counsel were ineffective for failure
to conduct adequate pretrial discovery.
Specifically, defense counsel failed to: (1)
request production of pawnshop records (2)
interview William Thomas, the state’s key
witness (3) seek full disclosure of the plea
agreement between the state and Thomas
and (4) interview the petitioner’s wife,
Mary Snell.

The pawnshop records relate to a .45
caliber automatic pistol acquired by Wil-
liam Stumpp in a pawn. The petitioner
took the pistol in the pawnshop robbery
and used it in the gun fight with police in
Oklahoma following the Bryant killing.
Snell v. State, 721 S.W.2d at 632. The
petitioner maintains that the pawnshop
records would have shown if and when the
pistol was brought into the pawnshop.
This claim assumes without establishing as
a fact, that the records would have negated
the prosecution’s evidence.

Rick Shumaker stated at the evidentiary
hearing that defense counsel attempted to
interview Thomas, but he refused to speak
with them. Hearing Tr. 100. Also, de-
fense counsel did seek disclosure of the
Thomas plea agreement and questioned
Thomas about it on cross-examination. Tri-
al Tr. 904-906. Finally, Rick Shumaker

1378

testified at the evidentiary hearing that
defense counsel talked to Mrs. Snell about
testifying at the penalty phase. Hearing
Tr. 376-377. As to all of these claims, the
petitioner has not established deficient per-
formance by defense counsel.

4. Failure to Object

[14] The petitioner claims that defense
counsel were ineffective for failing to ob-
ject to: (1) the testimony of various wit-
nesses regarding weapons (2) questions of
Martha Durham and Tim Russell concern-
ing the CSA (8) certain questions asked of
William Thomas and (4) the presence of
Mrs. Bryant in the courtroom during the
trial when the prosecution had designated
her as a witness, and (5) that defense coun-
sel should have cross-examined state wit-
ness Fahmy Malak, Chief Medical Examin-
er in the State Medical Examiner’s office,
to elicit evidence that William Stumpp’s
death was painless.

The petitioner states that the weapons
witnesses were not experts and were not
qualified to give their opinions. Snell has
not established why defense counsel should
have objected or how the petitioner was
prejudiced.

Defense counsel objected numerous
times on relevancy grounds to CSA related
questions to witnesses other than Durham
and Russell. The Arkansas Supreme Court
determined that the trial court had not
abused its discretion in allowing this evi-
dence. Even if defense counsel should
have objected to questions asked of these
particular witnesses, the facts of the mur-
der were so stark that it cannot be claimed
that the admission of this evidence produc-
ed a result that was unreliable.

William Thomas answered four questions
on direct examination without objection.
Defense counsel, according to the petition-
er, should have objected because the ques-
tions were prejudicial. However, it cannot
be said that the election not to object was
so serious as to deprive the petitioner of a
fair trial, particularly ‘since when and

7. On June 25, 1987, Stephen Scott pled guilty to
first degree murder in connection with the

791 FEDERAL SUPPLEMENT

whether to object involves trial tactics of
many facets.

Likewise, the petitioner has not estab-
lished that the. presence of Trooper
Bryant’s widow in the courtroom deprived
him of a fair trial. Finally, the fact that
William Stumpp’s death may have been
painless has no bearing on the conviction
phase of the trial.

5. Stephen Scott

[15] Scott was an accomplice in the
Stumpp robbery and murder. Defense
counsel called Stephen Scott as a defense
witness. Upon being called to the stand,
and in front of the jury, the following
colloquy took place:

THE COURT:

You are Stephen Scott?

MR. SCOTT:

That is correct.

THE COURT:

Mr. Scott, are you familiar with your

Miranda—

MR. SHUMAKER:

—Your Honor, can I approach the bench?
Trial Tr. 1039.

Subsequently, the jury was excused and
the court appointed an outside lawyer as
counsel for Scott. Scott never returned to
the stand.’ Defense counsel moved for a
mistrial because the court started to read
the witness the Miranda warnings in front
of the jury.

The petitioner contends that defense
counsel were ineffective for failing to ad-
vise Scott of his right to advice of indepen-
dent counsel, to ensure that Scott was ad-
vised of his rights out of the presence of
the jury, and to object to the prosecutor’s
and the court’s statements concerning
Scott’s Fifth Amendment privilege.

The petitioner raised this issue on direct
appeal. The Arkansas Supreme Court stat-
ed:

We don’t regard this unfinished remark
as a comment on the weight of the evi-

Stumpp robbery and murder. Pet.Exh. 41.

Cite :
dence or on the credibility of t!
Earlier, the Miranda warning
given to a witness for the si
request of defense counsel. |
jury sensed the purpose of th:
do not believe a mistrial was

Snell v. State, 721 S.W.2d at
Court concludes that the prejud
if any, of the trial court starti
Scott his Miranda rights did )
the petitioner of a fair trial. A
defense counsels’ performance i
Seott was not deficient.

6. Instructions

[16] The petitioner next clai
fense counsel were ineffective f
request certain jury instructior
cally, defense counsel failed to
instruction on the lesser-incluc
of second degree murder, and
concerning other crimes evider

The petitioner contends that ‘
trial would have entitled him to
tion on second degree murder h
requested. Snell does not say
that is. Again, the petitioner
show that the error, if any,
result that is unreliable.

7. Prosecutor’s Closing Rer

[17] The petitioner claims *
counsel were ineffective for f:
ject to the prosecution’s remar
were calculated to elicit symp:
victim (2) were about the CSA :
ities (8) vouched for the credi
prosecution’s own witnesses
ments of personal opinion abc
tioner’s guilt (4) were asserti
not in evidence (5) used langu
of the petitioner and defense

. (6) asserted that evidence of <
bad acts constituted evidence o:
bad character.

In the face of uncontroverte:
guilt, this Court cannot find
_leged deficient performance
counsel prejudiced the. defens:
tioner is not entitled to relief
of ineffective assistance of cc
guilt phase.

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dren’ S, Wil
2 on Sale ©

D AY

oes, $1.45 to $2.95
oes, $1.25 to $2.75
sSchool Shoes 95c

that would have made the ordeal oxy
tremely horrifying for ourrelves and
for tho witnesses. \ *

There ik ho doubt that exceutiona mn
electrocution are much lees gruesome
and horrible than those by hanging.

“ Oonvicted of Assault,

The crime for which Simms pald the
doath penalty was nssault. While uns
der the Influence of liquor he stole
into.a tent In the little town of Brag
field, Prairi¢ county, apd aesaulted a
yesne “white girl’ one night several
months ra

“When he had been found guilty tn
the Prairie’ county Cireult Court he
was brought to the penitentiary here,
His foar of death throughout ' bis
preparation for the hour © when! he
should go to hia fnte was manifested
by his desire to be constantly advised
by ministers, Ho sald, however, he
was proud that he was to be the firet
vietim of the ‘‘ehatr,’’ .

Oe te ER Ent mn tinting

MERCURY REACHES 97.

Four Degrees Cooler Than on Preceding
Day, When Record Was Broken, f
Having exhausted Itrelf soamtngly Ip

te dingy “pris flight of Thursday,

whon 101 degrees wan noted for the
sonson's hont record, the méreury yes
terday was content with a maximom

of 07 degrees, reached: at. 4.0 'tlock |
The minimum for the day ‘96 de,
green, recorded early venterday morn’

gear earn 4

STOP: Liste

ved

cere Sig

| om FASTEST GROW: |

narra soo! Tyi4]
‘ iy Le ede Wh
Where: to:

. by
,%

y iv
ING. DRUG STORE be quelle

One Min

Chae

is me ei

ite

fb Te |

Lf Wein ‘quannrr,
AND. QUALITY BOTH

* | Paavar,” th it

AY
ity ae N

bis x

Boy. Your: ane aad Toilet: “artlle

i WILL’ PAY..YOY:0 (WATCH THR: PAPER AND BUY

‘GOODS WHERE YOU CAN SAVE MONEY,’
is /YOU_BPZOIAL PRIOES.FOR BA’
; of CAN RRR AND MONDAY,

OFFER |

P RUBBER ‘GOODE.. ae
42,80 Fonntain Syringes ....% 61,79
ri Fountain Byringes ee pene 281.49
ey 50 Yountaln Byringes:...)\.$1.10
61,00 Fountain Syringes 2.56 .0776
$2 Monogram Santalre, Apraya.61.50
62,00 Dr, Bmith’s Expanding:
Douche: an oe ee rie sae 160
Original. Marvel» Whirling
Apray vise cos HOMaT Ls wbinue
‘500 Fountain. 8yringe Tubing. ...35¢

TOILET ARTIOLES, »':\'

oe Wattenra Hann 10

bit teh Rubber Gloves rasvaseresy 2400 *

{+9
Cid vee
aN

©» FOR MEN.

HQUSEHOLD N
vey eee t ree

+. Oe

66 Qold Duste 9 for, "utes aa
54 Pearline, ” FOR. coves coves 200
106 Bapolw, 2 for .......,, soe Be
10q Dutch Cleanner, 2 for, sss .e,

1 Foll Pint Bay Rum <M bed eS
1 Full Quart Ammonia ....4..,.

1 Full Quart Turpentine .. : Be
1 Full Quart Witch Hazel ...,.,266
1 me uart Wood Alcohol, ..4:.26¢

Voil

Ladies’

and Tin;
onewest |
sizes. Als
Pique D:
diversity
whick to
inthe ‘lo
newest d
$5, vey
today .

$2. 1
e
é W:

A” beaw
fancy
- trimmed
$2.00 va)
h choice: to

Ladi
th EoILS

TILE ROCK, FD
Ee < = i st 8 at a ‘

Se r0es

i ae a ae
a .

Ty ge
oy

LICANE

eee

tates ‘the ene
pike ea Be

peer ciar
my a) pAb:

00 is report:
and rumors

oth pero he rer :

Sp es
1guese:

a Hal ghee

ae ‘We

if life aa’ {he Loe

Sem,

whieb |

North Opto: [0

minunication

ily was mea- |”

leaky reports

woke Island}:

. population

shat vteinity >
teatrofea DY |’.

property o¢-
and havoc
ling craft in
Washington
plants ait
partially de-
fa in this

timated at

“

culms,
chiefly cen-

ong Pamhico |

Morchéad
Washington,

score ‘of
rain accom-
le {n rumn-
wove the or:
‘et report s
ik, Va. that
ad been un-
cation with
ras stations
chad

eo reported |;

sminolé And

‘land, Where

indred lives
ify thie ru-
ht were fu-

:SCUED

ong Thos
‘hooner,

riven ashore
1 awept the
ta Tuesday
ited ‘achoon:
total wreek
sbeara of the
nablea were
meagre de.

‘eaved here,
1 Baan the

a af : Hut Vary hres ih tN
PRINCESS AUGUSTINE, VICTORIA.

MANURL WEDS AND”

4 i
aiguaiigess
Manuel, hoy ae young aor Who |.

lont the throne of Portugal for a Pre t> |.
ty dancer’¢ ‘miles, took tha first s 4
in hie proposed reformation today wh
he was wedded tothe Princess Augu
tine Vietoria, daughter ipl Prince Wile},
Iain of Hohopeoliern, i: '
1 This alliance with a member of the
Powerful German family will, the Roy:
nilets of Portugal’ hopy, eveutually gn:
uble Manuel to régatn passtas{on of the
throne from whieh | Portugiose people
wee him, after they had grown toary

nying’ taxes to CS tor glittering
bel len to grate thé torn of. ‘Gaby

lyn,

Although a ‘president {¢ now; dlteet:
ing the affairs of the mew republin of,
Portugal, ‘and Manuel,is ‘a. -poveyty:
atetaton linn withant a tinedaw:” tha

| inn fiat toP

|: aida’ « spent | “the: “entire. "day: ‘ ba

‘[eol with a fow friends, (td of them

i key?
#c hu agter @riuking the reet of the wailskey

HEAT RECORD roa

‘SIN SAT

in ont

tot Degrees | Pe After
Four Hours at Even Cen-
wc tury Mark,

yet

se &

ett

4 Breaking sal” preylous \ heat, srecqrls

fav eWe'dinann. tha ihétnamates th 1H.

“

era a

ay, Extre
‘e: Penalty ‘Uniter: thé a a
one NE

¥ aie
ae)

ma cn Sone

: “03 BS; JOHNSON :
: CLAIMED BY co a

‘|wel. Known arkaneda “Attor: :

WOOaL B00 RD YESTERDAY,

fa mss

ny Be A eh Glowiy 9

0
te _mperad erty a, eet: Me m

ney: ‘Succumbs: After ssh

oatieg marten Ne ae
, uy ae ue

the oilag
elect we

jal time Been set b
anthorities for. the: honk,

halr,
te

: 1 thon, and Bips, with no, knowledge
| the timd he’ wil] go to.bis death, «
eb has prepared | himself for the

rdodl and “fs ready at any time,
One will be a pretty; bard ride, won't
it, Bionet?* 5: Laadtibabaed “aakgdt yesterday
afternoon, :. %' Lan
4 Yageub, bows, aie bard, Perey
ride’ shen! if ie doa't throw ‘met oe
pe" ‘negro evjdentty: wae laboring un‘
der the Ampreasion, that “the. chair is
Aisbubd with: Droticho \. facilities, and

‘Tite told that he. will gu:to bis death

és qiitek | ad if: he’ were ‘vtrodk”

sane

hing and yeep aa (or diafign
| he pea f 4! Ri
{atthe eorry to. ey a dle)?” “dala
‘lwo, ‘hut 1/Il:be making: Miatary for

‘| the, rest of the colored folke.:/I'se giad
1 Tsam the, £4 Piety lgeeh oe be

‘former ‘aweethearts. "

Aa talked: sony
with all who saw bim and

miled an
ly when a

7 not’ banat oom
mn er the

A, : sents yf

boy pamet pth one want to Drlaley,
le, "isa. “«] took two beors dod: pongh!,
a quart of whiskey und went fuck to
‘the Jinuber camp pear Brasatlélt, Were |
I''m nogrosd, Slim and ancth er
die; unU gave. ‘them part of my whie-
Later [ ¢rossed the’ riyor, wed

want to pleep on ‘the gras,” About
hang light f awoko nnd’ efvsaal the: river
“I ngaln ood went into My, Mendergon ry
aut’? ae
ih Writes “Bolen: Waming.’' -
Tho last part of tho story of the
erlme was revoitiog to éven the prison
atthoritios, Following tho narrative as
told by tho binck he hpd written a last
fow inca under the “caption ‘'A Sol:
emn Wareing.’’ It readat 2
‘' Keeping bad company ‘and se |
ategng drink as @ beverage has Cause
my ‘downfall, 1 thereupon wish = to
warnsevery one of the harm of ‘evil
associates and atrong drink and. advise
them to shun there ovile that they nev.
er may, have to faco the ordeal J am

“J gtiteso

nak i)
ge aa the ioe he tent’ of @) lum
man at Brasafiald several weeks ake piu

5 y hy at ha

most prominent members of th
{ead logat tfateraity, dled “aT 0 ‘aloo
this (Priddy) inorning’ at: bls "vesldones,
507 ‘East Seventh street, following an
iMavay of 18-monthe, He {s survived
by hix wife, Mr. Fane Aphley’ Jonny
son, ‘and one gon, Jamen™ Vandorgrift
Johneon,, both of Litcle Kock. :
© Oologel: ‘Sotinson, was born ‘In. Little
Rock October £0, 1841. He spent bie
boyhood Ip the’ community of hig birth,
and, when IP years, old, enlisted In the
Contederate army, yHe: ‘early recelved &
-commisison a @.’ Colonel and. served
throughput the’ war on the staff of Gea.
eral. Church. econ

At tbe:close of.the wat he. begas ‘the
pracilee oxjaw.im Little Reek, and aft-
er. a faw. etzo Ee ormer a, parthgrehip
with George’ ue. - Later,/ for a
period of BU, years, Volonel Johneon was
the goneral A tortey, for you Louts,
lron Moyntela; and Sout Kailw
Company, and, only, ,tésigned. the ddice
when, falling health made esa <i.
necessary, ae

In 1NTs he married Miss ‘Lise Vv
dergrift ‘a daughter of Jamon’ Vander

adn, James Vandergrift Johnson, ..was
born, : The wife. survived only a Am,
years,
Ta .1903 Colonel Johnson, married Mre,
Fannie Ashley. Gray of Little Rock,
who ‘stirvives him. :
Whea Colonel Johnson: rovigned, aa
e. ;woneral attorney: of the’ 'yallroad ‘¢om-
~ pany he formed a partnership with hiv
{oon until 18 modths ago, when big fall
«| Repeal lye dim’ . wih ay
ough aetively in lo racti¢e,
meColmel™ Jobnern 0" A auener: of
fears had been one of the two sutviv.
fing g ebarter. members. of Little xock
Vodge! No; 452; Knighta | of, Honor,
wile he assiated to, organize jin: 1878,

ranges, ills “bs, ay

“yt af
iS i yy

Dear at

yte

Rr ece beeen here
‘ate 7 Dated to!
4 fH roe ie
Dieu. om HE SA ig he obey
Rok, 4B rag: Lato
‘Love of Vieginia, ai
r
Btatee Army; wes crushed. to Lan pores tox
day at the Army Aviation Behool: here
when the phe ns of the aeroplane in
which ho wad.volplaning'from a height
of 2,000 feet suddonly started at a
height of 250 feet, defving the machine
like a whot to the "earth, carly every
bona Jn tha officer's body Was broken,
Tho Impact so badly wrecked the
ecroplang thae it 3 not thought posal-
ble that an examination of the wrecks
6go will reveal the enuse of the sudden
oe of the motor, '
Ldeutenant Love tose for.a ‘flght at
7138 ofelock, | bins ys whe ideal, thora
being seatcal 26, Atter’ figing
around Nort Istana’ ‘for £0" niinutea,
the aviator circled for altitude until he
roacbed'a height of 2,000: geet, ‘There

Math Diego, Oal., Sey
tonant ‘Moga. Y,,
member. of the» Signa): Cor

about to meat. i recall, ae alittle. boy, | ti

be shat off the motde and volnidied ti
i bla noahine.w de about 350. foot trom ata

"4
in

Delaware. To: this’ unjon’ one }'’’

Temp: Ril, Wind, Weath. i a

ergt de

First of
00,1
MPa Sot ft

ete!

Poa >

thelr fath.
tober 18, 5
‘lywood, 1:
was. begu:
Circult Co

‘Malf of
afternoon

: ep th

ng oxhe
to serve,
then bro,
most dep:
seven: jurt
conalets m
who. tive.
They are:
%, BB
R, Ge tk
Matris, \
Joha Cag!
The can
0, W. &mi
for Clreui
‘obtained »
moye aré
of Prescot
kadolphia,
defended
vity,: x v

/ 7

At: 4 ° "
dn?and th
Prosedntin
charges te
the ‘killin;
by the ate
his: mone)
that thor
between. t!
He- seeks
alow’ exiat
tween the
Sak Han
ln fu the
ttnens
dordner’s
thurdered
estate, ‘an
af. ‘eaityl

hehe bina, {wher
wake

andy we
the. body
olddat son

and they
foutd fn:
oi The sta

mabne
uaed''a sb
bis pelea
shootin
head, it.
charge of
above the
face. .

prove tha
elther in
with the
shot; that
‘| tla‘houseb
Toad duri
hyd ret ¢
servers
alr,
at r
Hat: ma. 60

ta®

- smerte

tetmity |
veaq by TS.

tty o¢-
havoc
raft in
iingtoh
‘te =a

this
at

fy cen-

’ambeg |

rrehead
ington,
ite of
aceum-
eainni:
the or:

‘port s
., that
yen Un-
a with
tations

nécn

“eis,
potted
tported
le had
where
d lives
aig Yu.
ere fu-

JED

Thoas
w,

ashore
pt the
tesday
ehooa-
wreck
of the
( were
ro de
| here, |
mm the
‘4 was

York

1 -only
vf life
north
1 ship
ith.

AST

Is Re-

oe has
vy a

ully de |>:

North
boats
all

en had |
blown |
horace
{ lost,
harbor
ainst
here

7E
cy for

natica
. lant
ct he
‘on of
James
itch 4,

“OrMAS

Nl sp

. a ,
4 bing ’
rey

PRmonss avousTarE voroRiA. |
MANURL WEDS AND

rtutjal Now: Hus-

Sigmaringés, Germany, Sept. 4.—
Manuel, the fay young spendthrift Who
lost the throne of Portugal for « pr¢t-
ty doncer’w'amiles, /took the first. ste
in his proposed reformation today when,
he was wedded to the Princess Augu
tine Victoria, daughter jaf
linn of Hohegzollern,.;":
' This alliance with a tember of the
powerful German family. will, the Roy-
alists of Portugal’ hop», eventually ee
able Maruel to régain passtasjon of the
throne from which . Portuguese |. people
drovo him, after they had grown weary
of paying taxes to purchase glittering
baubles to grace thé, form of 'Uaby
Deaslyn, a ; pants

Although a president ig now -direct-
ing the affaira ot the new republic of
Portugal, and Manuel is a poverty:
atricken king without a kingdom, the
reigning houses of Europe refuse to
take official cognizance of these facts.
King George of England, Emperor Wil-
liam of Germany wand King Victor
Humbert of Italy all had official repro-
sentativos at the wedding.

Walk Under Flower-Decked Arches.

Observation of the religious rites be-
gan immediatoly. before noon in the Ko-
man Cathok: chnotch near the palace,
The road nlang whieh the bridal pair
passed from tho palace to the church
waa spanned. 7. with flower-eovercd
arches, On both siden of the stract
wore lines of soldiers and achool ehil-
dren, ait :

The little ewpital of the principality
of Hohensollern had made every effort
to render itself attractive, although it
was understood that the marringe waa
to be celebrated in an quiet a manner
an possible, ‘owing to the political pit-
vation, , :

A ntric® wateh waa kept on all
strangers arfiving here, because it was
feared an attempt might be made on
the life of he former king of Portugal.

Migmaringen had never before been
the seene of anch an assembly of prin.
con and princesses, At the ehured they
formed a brilliant group im there vite

Prince Wier

ried uniforms glittering with orders,
and they were surrounded by many
prominent milltary dud civil person:

ages also in gala costes,

After their return to thy y alice fer
mer King Manvel amt kis bride rees'y-
ed deputations representing the various
clanee, of citizcus, Who presented con-
gratulations a1 wedding. gifts,

The reeeption was, ‘ollowed by a
luncheon, after whieh the pale departed
on their honeymoon. ,

HEAT REOORD.OR

~ SBASON SHATTERE

j hp’ TRS yo ee AG :
101 . Degrees Reached’. . After
Four Hours at Even'Cen-

’ tury Mark,
; an ae
Breaking all previous heat “records
for the season, tho thermometer Sn Tebt-
tle Rock yesterday. registered 101 de
grees at 5 mfefock. At 1,’ Ry Sond 4
o'clock the morcury remained atatlon-
ary at 100 degrees, cauging busdreda
to abandon the streots doring tho ter-
rifle roiyn of farridity. “The previous
record of the teason was 100, registered
in August. The absolute) makiaom
ever reeorded here, however, was 105,
in Auguat, 1906. y
Despite the heat, the humidity also
the general

wae bigh, varying from
‘high heat, low humidity’ remdingy»
commonly noted. At 7 a, m, the bygro
metrie reading was 62 per cent anil ug
7 o'olbek Jant night 37 per cont. Tho
lowest temperature of the day waa 76
dogreex, recorded at 7 a'eloek a, m.
Following aro (hp bourly tea pera.
turen recorded: i

TOO me Me cee yee Meee. FO
8:00 a. m. oe ve)
0:00 a. oh ee a
VWO:00 @. MM cee e cece ences ww
11:00 g/m ) Pere m
12:00 fioon ph . oF
VOO PM, ccc e ee ceeees 100
Pr a cc 100
3:00 pom. oc .eee © ih tree 100
A:O0 PLM, Veceoreereerers 100
BO pL MM. cco eeeeveescees 191
GPO pom vecseereeeenees 07
T7100 protm, cacicceecueenae 3

~ 0 ee

$102,219 IN SCHOOL FUND

County Money Will Be DistetButed to
55 Districts, Ipetuding Livile Rock.

Although former. King Manuel
hia bride are boand bv blood ties,

County Clerk Herbert B. Turner. ¢om-
PMeted and-cettified ‘to Couaty Exami-

the. rest of the colored folks. :.1'se giad
I-am the first’ niggah to: be ‘leetro-
sfented. is "> graaltegy te ja BY

‘| former ‘qweethearts. ° de’ talked: froel,

A with all: who saw bim and’ smiled an:
joked

ny)

“
f vanitegt

Peige taunt

dJatter @rinking the reat of the walrkey

the timé he wil] ‘yo to,his death, ap
parently has propated himself for the
ordegl and “fs ready at any time.
«Ts will pe a pretty, bard ride, won't
it, Simist!?; he was arkod yesterday
afternoon, 6 Whe
© Yaseuh, boss, pretty. hard, bot Jl).
ride cher ‘if. it dom't throw me.’’
e'negro evidently waa laboring un:
der the impression that the chair is
firbued with droncho . facilities, and
‘whew told that he will go to his death
ds quick as if he were struck by. Nights
ng and with no. palo or ent,
te Seen sleated 4 vse 2 bi
| 4h sorry to have ‘to die’? said
Bime, ‘‘but I’ll:be making histary for

x’

‘Ginn’ spent ‘the entire.

dell: with a few friend

doom. Only) when #
caine With songé anil

dries vf bia
sig white
ine

he
ew long, ate

not ' bave. oom:
the tent of # lum
paevoral weeks 9go'
the dy of:

band
ment: ‘ 6"
: teat the rime:
man at Branafi

Yea ae ae a Lila ai etd,
“44D borrowed 60’ cents frame a’ Hegtta
boy name.l Bill and went to Srinkley,’

Ne said. ‘1 took two beors and pongh!,
aquart of whiskey and weut fuek to
the liuuber camp near Brasstiéll, Were
I’ net two nogroea, Siim and another
bdne; unu gave them part of my whis-
bey, Water [ crossed the’ rivor, wud

wont to sleep on the grass, About
nelight I awoke and cfussel the river
ngain ond went into Mr, Nendergon's
tunt,’’ '
. Writes ‘Solemn: Warning.'’

The Jast part of the story of the
erime was revoiting to even the priaon
authorities, Following tho narrative as
told tho blnck he had written Jast
fow Sines under the @aption ‘'A Bol-
emn WY Seahagrs, aA It reads:

‘' Keeping bad company ‘and using
strong drink as a boverage has enused
my downfall, 1. thereupon wish = to
warn, every one of the harm of -evil
associates and strong drink and. advise
them to shun thene ovils that they nev:
er may have to face the ordeal I am
about to meat. 1 recall, as a little boy,
the last words of my mother an she lay

vardoned mé& for
soon will moet

right and moet her in heaven, 1 wish
Euposable citizens and at last to have
all my sins and that

‘T wish to thank all the officinss
talks, foam giving him this last
Realising 1 have only a few more houre

latutement to the publle.’?

on her deathbed when she told’ me to
heop out of bad company and to live
to advise all children to obey — their
wrenta that they may grow up to be
n homo jn heaven,

‘*Y balleve God bas }
my mother in heaven,

Thanks Prison Offictals.
forstbheir kindness and ospocially Chap:
Jain Tomme for hin friendly spiritual

me
statement fur the public, before I eroes
to the groat beyond, Good: bye to all,
on earth J wish to make @ full and
free confomion of my sina and this

Under the electrocution Jaw there are
permitted to witness eleetrocationsa on!
12 persons, The mombera of the Pent.
tentinry Hoard yesterday arranged for
the limited number, but many curious
individuals telephoned to the peniten-
tinry, eoeking permianion to witness the
olectrocution, They were informed this

cannot be granted,
>> o-.

JAPANESE ARE SHOT DOWN
Chinese Port ‘May Be Occupied Until
Compensation Is Paid.

‘London, Sept. 6.—A Shanghai
patch to the Times says:

‘Nanking haa been desolated by loot
ing, which, for tho most part, could
not be prevented.

‘‘Kight Japanese carrying the Jap-

dis.

{gtist: of Delaware... To this unjon’ one};
rgrift Johnson, : was} )é
.| born, . The wife. surv

tie’ tate, show |

} when. falling health

MQ tia WhO, bed Ladd 4eu Oo . Aeiay vwvunm
son, ‘and one son, James Vandergrift
Johnson, both of Lit-le Rock.
Colonel Jotueon, was born In. Little
Rock October 20, 1841. He spent his
boyhood in the community of hig birth,
and, when’ 19 years old, enlisted In the
Confederate army,,,He early recelved &
commisizon as a. colonel and, served
throughout the war on the staff of Uea-
eral Churebll), . . beth) ah
At the close of the war he. began the

er. a tow. years former a. partnership
with George -E, Dodge. Later, (for

Lperiod of 30, years, Colonel Johngon wns

the géperal attorney. sor the Atv Louls,
Jron Mountain and Sout, Kailw
Company, and ‘only, remigned. the gfice
made sdch ‘gation
necemary, a

In 1878 hdSemarrigd Mise Lina \V
dergrift, a daughter of James Vander

svn, James Vande
ived only. a few
years, | 8 Yeo Naya aby sue

Tn, 1903 Colonel Carr vaegh rr tines Mrs.
Fatnie Ashley Gray of Little: Rock,
who ‘survives him. | hh P
When Colonel Johnson: resigned. es
general attorney: of the’ railroed ‘eom-
pany he formed a pertnership. with hiv
won until 18 mouths ago, when his fail:
ing henlth forced) him’to retire, “He
was engaged ‘actively in legal practice,
» Cojgnel, Jobnaon for a- number. of
wars had been one of the two sufviv.
“Ing ¢burter members of Little Hock
Lodge! No, 452, Knights of, Honor,
Which he asslated ta, organigg in 1878.
‘Funeral arrangements will; be: ap-

td 6 ets , :

San Diego, Cal., Sept. 4-—Firet. Liew
tenant Moss L.. Love of Virginia, a
member of the Signa) Corps, United
States Army, was crushed to death to-
day at the Army Aviation Behool here
when the engine of the aeroplane in
which he was volplaning from a height
of 2,000 feet suddenly started at a
height of 250 feet, driving the machine
Hike a shot to the earth, Noarly every
bone Jn the officer’, body ‘was broken.

Tho impact so badly wrecked the
acroplane that it ie not Ypeughs posai-
ble that an examination of the wreck-
age will revoal the eniise of the sudden
—s of the motor,

Ideutenant Love tose for a flight at
7188 o’elock, Tho day was ideal, thera
being seatcely a breéze, After fiying
around North Island for 20 minutes,
the aviator circled for altitude until he
roached a height of 2,000 feet, ‘There
he shat off Tir motor Ant volplaned tum
til big. machine was about 260 feet from
the earth. In some manner the motor
wan started while the planca were
pointed downward and the machina was
driven Hhe a rocket, Lieutenant love
meeting death at the camp from which
he had aaconded,

ee eee te

GERMAN FLIERS PERISH

ein: sand
Machine Oollapses; and Army Ufficérs
Ate Oruthed to Death.

Brieg, Germany, Sept, 4.--Two more
oMeern of the German army's Miying
Corps wore killed jn an aeroplane aeci-
dent here today, Lientonint von boo.
eubrecher and Lieutenant Irinx, both
young men, wero testing a now acr@
plane over the military aerodrome when
the left wing collapsed) The aviators
were crushed to death,

ELEVEN OFFICERS KILLED

Victims of Flying Experiments by the
Army and Navy Oorps,

—

Washington, Sept, 4.--Bleven avin

tors have been killed In the army
Davy fervice nines experinents

atarted with heavier thateair machines

were

navy.
In aviation the world over 44%
nona have been killed since 1908; Tit

in 1913.

TWO TRAINMEN ARRESTED

Held After Testifying Before Jury
Probing New Haven Wreck.

per

a
D.

Sept. 4.--August

aneso fiag fled toward ti sir consulate,
Home of the government: troons fired

New Haven, Con 3

BR Miller, engineer of the White Mown-

pracilee ot Jaw im Little Rock, and att- John

bo ye j

o6@is OF tae |
afteragon ‘were

«Ta jury, the. re;

ng exbauste:
to serve, A>

CO, W, Smith of
for Olreult Ju
obtained a vac:
Boye eré: Prone
of Prescott an
kadolphia,: whi)
defended. by €

the .etate,
hisimoney, |
that there wa:
between.the tw

rca’
‘alow’ existed
tween the: hus

‘the

oudy wes ta)
the body of 1)
oldést son, anc
and they testi
found in the p
The state wi
go MAbNer cov
used -& shotgun
his side, in ac

shooting’ himse
head, ' t wou
charge of equi

above the neck
face,
Bay Fath
Attorneys fo
prove that the
either intentic
with the shotg
shot; that harr
ris household, »
Toxad during ¢h
od until fall be
he hoped woul:
dry mir; thet t
provider and ki
that nq, conmpir
and their moth:
tempt te ve
quite a distane
when ho was |
First W
The first +
Hollywood, tes!
with the elder |
before his deat)
Marcus Harris
and Marcus E>
and walked ab:
as they were g:
their cottun fi.
paid that wohn,
a gun on bis e!
fet the futher
further, the tri
ting aeross aw:
Malawes. Afte
poafield ami hy
or 30 iminutes
Airection in wh
had gone,
War

WO) Bridge

and |

{mn 1908-30 in the army, and one in the!

est person tot
We was weather
| varde ot the 4

Falain, Jeemred the
er heard groan
frvectepyated an
ene to btm t
pe parcted the f
Fdecettann, where |
| Hiarrin’ reromrk
Tat the temgerts

| hia father hal
wocdentally ki}
further teatifies
ule lborreled sho
with the muzy)
the corpie,

The next wil
of W. D.. Bridy
hie father gath:

evorvthing bie ‘

109 SE (2) 668.
SIMS, J,e Newt, white, 30, electrocuted Ark. (Saline) 3-18-1938,

"TWO PUT TO DEATH IN ELECTRIC CHAIR, = ONE INDIFFERENT WHILE THE OTHER IS BITTER AND RE@
SENTFUL. - Tucker Prison Farm, Ark., March 18. = (AP) = eeeShortly after Brockelhurst was
pronounced dead at 622 aeme, his death-house-cell-mate of many months, IGEYWSwY Minis

Joe Newt Sims, 30, Saline county farmer and WPA worker, took his place in the chair, Sims
was convicted of killing his young wife with an ax on Mother's day last year, pleaded at his
trial that he was 'crazy drunk' and did not know what he was doing. He was pronounced

deat at 6:56 aemede"
CLARION.LEDGER, Jackson, MS, March 19, 1938 (two-five.)

murder gun),
death (right)

{ information
istructed Dil-
to Biggs and
fellows had
100d a good

carry out the
‘r stood con-
is time prac-
ad dispersed.
1 walking to-
Farmer hast-
beckoned to

‘r that shrub-
‘0 a hedge a
yavement. “I
rack into the

ae designated
ced up a .38-
carefully in-

that this is
‘ told Kerr.
while he was
qwst have hit
It’s clogged
1ere it fell is

jing it off, I

e of finding .
‘d Kerr. “At’ ¢

‘on or in any
destroy such

ters, a short
no impres-
the weapon
Sergeant A.
2xpert, com-

‘k Biggs and ¢
s office with |

adark gray jacket. They had found it,
they reported, in an alley about two

blocks away from the murder scene.

The witnesses had looked it over and
were sure it was the garment the killer
had worn. There was nothing distinctive
about it to offer any immediate lead
to its owner.

*. “It's plain that he threw it away

because he thought we might have a
description of it,” remarked Traweek. “I
guess he felt it might betray him in
his getaway if he kept it on.”

“We found this in one of the pockets,”
Biggs said, handing Captain Fink a faded
newspaper clipping. “If it has any con-
nection with the case, just what that
might be is beyond us.”

Fink's frown deepened as his eyes
glanced over a brief announcement of
the marriage of Mrs. L. R. Stockley, Jr.,
a prominent Little Rock socialite. It
had been clipped from the society page
of an old Sunday issue of the Arkansas
Democrat. Above the caption was a
picture of the subject, a lovely blonde-
haired matron seated at a table.

“I can’t make head or tail of it either,”
the captain finally said. “Suppose you
drive over and question this Mrs. Stock-
ley. It’s surely worth the trip.”

Within a half-hour the detectives
were talking to the young society woman
at her home in the fashionable Pulaski
Heights section of the city. She was
surprised to learn that her published
photograph had become a matter of
interest to the police in their’ attempt
to solve a baffling murder.

“I simply can’t fathom why that man
was interested In my picture,” she said.
“It’s all a mystery to me.”

At the University Hospital, mean-
while, Dilbeck and Terrell had begun
their attempt to learn something about
Sallie Mae’s past. According to the
records, she lived with her husband,
William, in an apartment at 700 E.
Sixth Street. K. W. Newman, the direc-
tor, told the investigators that her con-
duct while on duty at the hospital was
above reproach. He could provide no
information about her private life.

The nurses, upon being interrogated, ©

agreed that she had been an efficient
worker with a pleasing personality who
was close-mouthed about her personal
affairs. One of the attendants, how-
ever, recalled that she had appeared to
be quite disturbed after receiving a
phone call about a week or so earlier.
From that day on, she didn’t act like
herself.

“I asked her once what she was wor-
rying about,” the employee continued.
“She said it was nothing and quickly
changed the subject. Since she was in-
clined not to confide in me, I let it go
at that.”

Over at the Sixth Street apartment
the slain nurse’s mother-in-law, who
had been sharing the quarters with the

- Gouple, told the investigators that her

son had remained to read the news-
paper for a few minutes after Sallie Mae
bad gone to work that morning. Then
he left for his job as driver for a truck-

ing concern at Third and Main Streets.

Questioned regarding the relationship
between the two, the woman stated that
they had their spats, domestic disagree-

ments which might occur in the lives of -

many a couple. Her:son had married the
nurse, she said, the previous June after
a whirlwind courtship. She knew noth-
ing about her daughter-in-law’s past.
During recent weeks, however, she had
noticed that Sallie Mae seemed to be
preoccupied over something she was
not inclined to discuss,

On the chance that Mrs. Barner might
have confided in one of her neighbors,
the sleuths made a hasty canvass among
them. Nobody was able to advance any
definite information. The couple, having
only recently moved into the house, were
practically strangers. One of the resi-
dents, however, reported that she had
overheard quarrels between them.

“They always seemed to be fussing,”
she stated.

The detectives found the truck driver
at his place of employment. He was a
man of forty, with dark hair and a long
thin face. As they were driving him to
headquarters, he made no effort to hide
his grief. Facing Fink, he gave the
captain an angry look as the import of
the first few questions dawned upon
him. : ‘

“You don’t think I killed her, do you?”

he asked. After a glance at the official’s
impassive face, his voice rose to a higher
pitch. “I’ll admit we didn’t get along
too well. But you can’t pin a murder
on me just for that.”

“It won’t be pinned on anyone except
the one who killed her. At present we
must check on every man your wife
knew. ‘Frankly, there’s some resem-
blance between you and the vague de-
scription of the fellow who did the
shooting. You admit that there was
some trouble between you. If you have
nothing to fear, I’m sure the truth will
clear you.”

Calming down, Barner answered ques-
tions without any trace of nervousness.
He claimed that he had remained home
that morning for at least twenty minutes

after his wife had left. Their differences, °

he insisted, had not been the sort to in-
spire violence. He regretted his out-
burst of anger, he said, and should have
realized that under the circumstances
it was natural to regard him with some
suspicion. .

“That’s, fine,” the captain said, pro-
ducing the gun and the jacket found at
the murder scene. “Ever see these be-
fore?”

“Never,” Barner replied firmly. .

“Ever hear of anyone by the name of
Mrs. L. R. Stockley, Jr.?”

Pondering the (Continued on page 78)

SAVED BY A
SONG

ROR in Rumania, Sholom Katz,
thirty-four, was taken prisoner
during the war when Nazi troops
pushed into the Russian Ukraine.
Sholom,
placed in a concentration camp
with hundreds more of his fel-
low men. Then one day he was
numbered among two thousand
Jews taken out to be executed.

Standing beside the mass grave
in which he and the others were
to be buried, Sholom begged his
Nazi captors to permit him to sing
one last song before being shot.

“All right, Jew!” bellowed a
Nazi officer stingingly. “Die sing-
ing!”

So Sholom sang. He continued
to sing as the Nazis went about the

a Jewish cantor, was.

to @ song.

grisly work of murder, euphemis-
tically termed execution. When the
gory task was done Sholom was
still singing. The Nazis paused to
listen. They were tired and they
liked Sholom’s singing, so it was
decided he could live another day.
He was taken to the officers’ club
to sing for the German officers,
who subsequently seemed to forget
they were supposed to execute
him, ‘
Recently Sholom became a nat-
uralized _ citizen of the United
States, in Chicago before Judge.
Henry Schweinhaut in Federal
District Court... He is perhaps the
only man living who owes his life

—C. G. Rep

—-Brager

LES BRYSON

“She will always be afraid I may harm, hurt or murder her.” This was only one of the,

eryptic notes the killer had written, hinting of a sinister hold over the lovely nurse

| nORTLY before seven o’clock on the morning of
May 4th, 1949 a woman named Minnie Lee Jones
was walking along a tree-lined pavement that bordered
MacArthur Park in Little Rock, Arkansas. The park,
site of the house in which the great military leader,
General Douglas MacArthur, was born, is a rustic spot

ina neighborhood of staid, old-fashioned homes.

Turning into McAlmont Street, Miss Jones headed
for the University Hospital at the next corner. She
observed a nurse and a thin man in a dark jacket pro-
ceeding in the same direction, about a hundred feet
ahead. Though unable to hear what they were saying,
their actions made it plain to her that they were en-
gaged in some heated talk. ;

The white-clad figure, well-proportioned and with
an upsweep of blonde hair visible below the rim of her
cap, was taking quick, soundless steps while the man’s
heels beat a rat-a-tat on the sidewalk.

Suddenly the nurse’s strides became still more rapid.
As she moved away from her companion, he made a
grab for her. She managed to elude his reaching fingers

and broke into a run, widening the gap between them.

The next moment a gun gleamed ‘in his hand, There
was a deafening report. The scream that came from her
lips was cut short by a volley of rapid blasts. As her
assailant streaked for the corner, she swayed uncer-
tainly for. an instant, then toppled forward into the
gutter, She lay still, her head cradled by one arm. A
pool of blood kept widening on the white uniform. .

Before the startled witness could collect her wits,
near-by residents swarmed to the spot, talking ex-
citedly as they tried to learn the details of the attack.
Interns and nurses who came rushing from the hos-
pital were quick to see that the victim was dead. One
of the young doctors ran back to the office, where he
directed that a call be put in for the police. Returning

_with a sheet, he covered the body and, pending their

arrival, took charge of the situation.

First to reach the scene was Patrolman Thomas B.
Anderson. After urging the ‘crowd to stand back, he:
surveyed the ground around the dead woman. Opening
a handbag that lay near the body, he found it contained ~

en ieee: eae
——a cet hall net tee ibe
abet wei vernal A, oaatciievnaertiine tpt
ia: Beer SC a

% ey Me asl asada, Wk Lee cs pate te taticio renee

a se uh OY cr fat thin vie ay
ns

BBG iat ae
r garam iad) \ ares haha et
- pe a Pir Ge ROE

Se ven enna
11) saan

nion made a ara
ny gleaned da dibs
iu’ he shouted

“Jt’s important that we find out what took place during that phase of her life,” Captain Fink (left, examining murder gun),
said when his investigators uncovered puzzling events that had transpired shortly before Sallie Mae was shot to death (right)

nihety-one dollars, a ring of keys and
a small make-up kit. A few feet away
he found five empty .38-caliber cart-
ridge shells. After scratching his initials
on each, he placed them in an envelope
and pocketed it.

Detectives John Dilbeck and Paul Ter-
rell soon pulled up in a squad car. From
two of the onlookers, Dr. J. A. Harrell,
University Hospital physician, and Mrs.
Mildred Leighmon, the .superintendent
of nurses, the investigators learned that
the victim was Mrs. Sallie Mae Barner,
a member of the nursing staff for about
eleven months. Obviously, she had been
shot down while on her way to report
for duty on her customary 7 A.M.
shift.

As the officers turned their attention
to possible witnesses among the crowd,
other officials arrived. They included
Captain C. QO. Fink, Lieutenant E. J.
Kerr, Detectives L. W. Biggs and Jim
Traweek and Dr. Howard A. Dishongh,
Pulaski County coroner.

Uncovering the body, the physician
knelt down and began his examination.
The new arrivals, studying the victim
for a few moments, saw an attractive
face, with fine strands of blonde hair
that trailed down to the sightless eyes.
Although they were to learn later that
she was forty years old, they now judged
her to be not much more than thirty.

The medical examiner’s scrutiny was
brief. Rising, he dusted off his trousers
and turned to Fink. “There are five

bullet wounds, three of which pierced *

vital organs.”

After the body was removed, Fink
and Kerr moved over to find out what
progress Dilbeck and Terrell were mak-
ing in their interrogation of eye wit-
nesses. A woman and a man were

‘standing by, waiting to be questioned,
as the detectives stood listening to
Miss Jones. She had given them an
account of what she had witnessed on
the street. Now she was saying, “He
had his back to me, so I couldn’t see his
face. But I sure had a good look at
that gun. It was the kind that didn't
stop shooting. As he started to run
I saw him pull a handkerchief out of
his pocket and wipe it off.”

-The officers turned their attention
to the second woman. She was Mrs.
C. H. Farmer, the wife of a minister,
in front of whose home the shooting
had taken place. She related that upon
hearing the shots she ran out of the

house in time to see the killer swing east ,

on Tenth Street with a jacket under his
arm.

“If he was wearing it when he fired
the shots,” she said, “he must have taken
it off before he reached the intersection.”

A hospital employee named Nathaniel
Benson was the third witness. He con-
firmed Miss Jones’ report that the couple
seemed to be quarreling as they walked
along the street. He was too far away
to hear any conversation, he stated, un-
til just before the shooting when the
man’s tones became loud and threat-
ening.

“I heard him holler, ‘You won't get
away with it.’ As he pulled the trigger
I got a quick look at him. He was thin,
dark complexioned, and I’d say in his
late thirties. He wore a white shirt, gray
jacket, khaki trousers and a cream col-
ored ‘hat.”

Calling his men together, Fink said
it was plain thet the nurse was killed
by somebody she knew and that the
motive, judging from the reported
threat, was either jealousy or revenge.

.ferring on the case.

“Get all the background information
on her that you can,” he instructed Dil-
beck and Terrell. Turning to Biggs and
Traweek, he said, “You fellows had
better give the neighborhood a good
going over.”

As the detectives left to carry out the
assignments, Fink and Kerr stood con-
By this time prac-
tically all the onlookers had dispersed,
When the two officers began walking to-
ward the squad car, Mrs. Farmer hast-
ened across her lawn and beckoned to
them.

“There’s a gun lying under that shrub-
bery,” she said, pointing to a hedge a
short distance from the pavement. “I
noticed it as I was going back into the
house.”

The officials hurried to the designated
spot. Fink bent down, picked up a .38-
Colt automatic pistol and carefully in-
spected it.

“It goes without saying that this is
the murder weapon,” he told Kerr.
“The killer tossed it away while he was
on the run. The muzzle must have hit
the ground with some force. It’s clogged
with dirt and the grass where it fell is
uprooted.”

“Since he was seen wiping it off, I
suppose there's little hope of finding
any prints on it,” remarked Kerr. “At
least we know he's an ex-con or in any
event he’s wise enough to destroy such
evidence.” :

Over at: police headquarters, a short
time later, the belief that no impres-
sions would be found on the weapon
proved to be correct when Sergeant A.
V. Walls, the fingerprint expert, com-
pleted his examination. .

Shortly. before nine o’clock Biggs and
Traweek walked into Fink’s office with

picture of
haired mat
“I can’t:
the captair
drive over
ley. It’s s
Within

photograph
interest to
to solve a

“I simply
was intere:

" “It’s alla:

At the
while, Dill
their atten
Sallie Mac
records, sl
William, i
Sixth Stree
tor, told th
duct while
above repr
informatio:

The nur:
agreed tha
worker wit
was close-
affairs. O
ever, recal)
be quite .
phone call
From that
herself.

“I asked
rying abou
“She said
changed th
clined not
at that.”

Over at
the slain
had been s

- couple, tok

son had r
paper fora
had gone t
he left for

iy att

w'¢

»
.

allie Mae

by Albert &.Brager

ILLUSTRATED BY CHARLES BRYSON

Ai at
dave yh

Way it

Ti,
Fe a. ¢

. ate rons

y ' y ‘t “as
Unf 4s dee BSG! Wert,
. '
Sei se th vote ty

inal vee!” ioe
eg

Ie eG

% ' t : Shy a *
# Sallie. lon made a grab.
for her. The

# ae’ Shand.“
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Aer | ’ Pea 3 Oe Se :
eats ably kane mE SL whi Meme at! eae ate tant 9

SNELL v. LOCKHART 1295
Cite as 14 F.3d 1289 (8th Cir. 1994)

opinion and render a verdict based on the
evidence presented in court.” Irvin v. Dowd,
866 U.S. 717, 728, 81 S.Ct. 1639, 1643, 6
L.Ed.2d 751 (1961). After extensive voir
dire, all those ultimately seated stated that
they could lay aside any impression gained
from the media and decide the case solely on
the evidence presented. Furthermore, none
of the twelve jurors claimed to have a defi-
nite preconceived opinion as to Snell’s guilt.°
Based on these statements, the trial court
concluded that those seated as jurors were
qualified.

As noted above, this is not a case where
the pretrial publicity was so inflammatory
and pervasive “as to make juror’s claims of
impartiality unbelievable.” Simmons, 814
F.2d at 511. Nor does the record demon-
strate such hostility within the venire that
“even the few jurors who claim to be able to
disregard what they have heard must be
presumed to have been irretrievably poi-
soned by the publicity.” Jd. A general voir
dire was initially conducted in which many
veniremen were questioned and eight were
excused for bias. After the general question-
ing, individual voir dire began. Of the forty-
one prospective jurors individually ques-

5. The questioning of Juror Brown is, at first
glance, somewhat troubling. At one point, after
Brown had explained what information he had
gained from media reports, the following ex-
change took place:

Q. From reading those articles and that infor-
mation that you gave us, would you require
Mr. Snell to present any evidence to disprove
those articles, that information that you re-
ceived out of those articles?
A. I believe I would have to have evidence to
show that there were circumstances other than
the murder that caused those items, or whatev-
er to be in his possession.
Snell's counsel then challenged for cause, after
which the prosecution attempted to rehabilitate
Brown by asking whether he could put aside all
he had seen or read and base his opinion solely
on the evidence. Brown said he could. The
following discussion then took place:
BY MR. MOORE:
Q. Mr. Brown, I certainly appreciate your
honesty. Did you not tell me that based upon
the articles that you have read about the gun
being in the van, what-have-you, that you
would require Mr. Snell and require us to
prove evidence to get that out of your mind.
Wasn't that your testimony, sir?
A. Let me clarify maybe to myself and you a
little bit better. If in fact the report from
whoever is responsible for making it to the

tioned, ten were excused because they had
formed an opinion or knew facts they could
not set aside. No other venireman ex-
pressed a definite opinion as to Snell’s guilt.
Though several had heard or read news re-
ports, all stated that they could decide the
ease solely upon the evidence. Thus, eigh-
teen of at least forty-nine prospective jurors
expressed bias against Snell. Such numbers
do not establish a “pattern of deep and bitter
prejudice.” Compare Faul, 748 F.2d at 1213
(No prejudice where 50% of veniremen were
excused because they could not be impartial)
and United States v. Blanton, 719 F.2d 815,
820 (6th Cir.1983) (70 out of 92 veniremen
excused was not reflective of prejudice), cert.
denied, 465 U.S. 1099, 104 S.Ct. 1592, 80
L.Ed.2d 125 (1984), with Irvin, 366 U.S. at
727, 81 S.Ct. at 1645 (Prejudice shown where
86% of venire of 480 expressed opinion as to
guilt). Consequently, the jurors’ assurances
that they could be fair and decide the case
solely upon the evidence provides fair sup-
port for the trial court’s determinations.

III.

Snell claims his right to due process was
denied by prosecutorial misconduct in the

Court shows that the gun was in his posses-
sion, and it was in fact the murder weapon,
then I think I would personally have to have an
explanation as to why that was there. That is
what I’m saying.
Q. But my question to you, and I’m trying to
be sure that I heard your first answer correct-
ly, is based upon your reading of the articles
you stated that you would require us to prove
evidence that it wasn’t in his van.
A. If it showed in the report that it was, then
I would certainly want to have some reasoning
there as to why it was not, or why it was there.
MR. MOORE:
All right, sir. Fine. I appreciate it.
BY MR. JOHNSON:
Q. Are you referring to a newspaper report,
or are you referring to the evidence which you
hear?
A. I'm referring to the evidence now. Of
course, all of it hinges back on the original
article, that is why the thing was brought up in
the first place.
Tr. 358-359. Though initially confusing, the lat-
ter portions of the dialogue indicate that Brown
did not require Snell to present evidence refuting
media reports. Rather, he would only need an
explanation if certain evidence was in fact pre-
sented in court. Snell has failed to overcome the
presumption arising from the trial court's deter-
mination that Brown was impartial.

1292

extent the district court granted Snell’s peti-
tion. We affirm in part and reverse in part.

On November 8, 1988, William Stumpp
was murdered during a robbery of his pawn-
shop in Texarkana, Arkansas. The case baf-
fled authorities for almost eight months, but
on June 30, 1984, Snell was apprehended in
Broken Bow, Oklahoma, after he shot and
killed Arkansas State Trooper Louis Bryant
on a western Arkansas highway. Though
Snell was originally charged only with the
Bryant murder, investigators soon uncovered
evidence linking him to the Stumpp murder.
After a widely publicized trial, a jury convict-
ed Snell for the murder of Trooper Bryant
and sentenced him to life imprisonment with-
out parole. On November 1, 1984, the same
day he was sentenced in the Bryant case,
prosecutors charged Snell for the murder of
Stumpp. The Stumpp trial took place be-
tween August 13 and August 15, 1985, in
Miller County Circuit Court in Texarkana.
Court appointed attorneys Marshall Moore
and Rick Shumaker represented Snell. At
the conclusion of the trial, the jury convicted
Snell of capital murder and sentenced him to
die by lethal injection.

The Arkansas Supreme Court affirmed the
conviction and sentence. Snell v. State, 721
S.W.2d 628 (Ark.1986), cert. denied, 484 U.S.
872, 108 S.Ct. 202, 98 L.Ed.2d 158 (1987).
The court later denied Snell’s petition for
post-conviction relief pursuant to Arkansas
Criminal Procedure Rule 87.3 Snell v. State,
No. CR 85-206, 1988 WL 81780, (Ark. Oct. 3,
1988) (per curiam), cert. denied, 490 US.
1075, 109 S.Ct. 2090, 104 L.Ed.2d 653 (1989).

On June 16, 1989, Snell filed a petition for
writ of habeas corpus pursuant to 28 U.S.C.
§ 2254 (1977). After seven days of hearings

2. The Bryant trial took place in Sevier County,
which is north of Miller County, in which Texar-
kana is the county seat. Trooper Bryant was
stationed in Sevier County, but lived in Texar-
kana.

3. The Arkansas Supreme Court abolished Rule
37 in 1989 but later reinstated it, though with
different terms. Because the 1989 order abolish-
ing the rule provided that anyone convicted and
sentenced while the old rule was in effect could

122 L.Ed.2d 768 (1993).

14 FEDERAL REPORTER, 3d SERIES

the district court denied Snell’s petition as to
his conviction. However, the court found
that Snell’s sixth amendment right to effec-
tive assistance of counsel had been violated
because his attorneys had not objected to a
jury instruction concerning the “pecuniary
gain” aggravating circumstance. The district
court therefore vacated Snell’s death sen-
tence and remanded to the Arkansas Su-
preme Court for appellate reweighing. Snell
v. Lockhart, 791 F.Supp. 1867 (E.D.Ark.
1992). The parties subsequently appealed to
this court.

We review the district court’s legal conclu-
sions under a de novo standard. Prince v.
Lockhart, 971 F.2d 118, 120 (8th Cir.1992),
cert. denied, — U.S. —, 113 S.Ct. 1894,
However, we re-
verse the court’s factual findings only if
clearly erroneous. Jd.

ai.

{1] Snell asserted in his habeas petition
that his rights to a fair trial and an impartial
jury under the sixth and fourteenth amend-
ments were violated due to massive amounts
of pretrial publicity and the failure of the
trial court to grant a change of venue.- The
district court rejected the claim because the
record established that all jurors were impar-
tial. On appeal, Snell initially asserts that
prejudice should be presumed because the
pretrial publicity in Miller County was so
pervasive and inflammatory that a fair trial
was impossible. He notes that during the
thirteen months between the Bryant murder
and the Stumpp trial local newspapers dis-
seminated approximately two hundred arti-
cles relating to either the Bryant or Stumpp
killings, to Snell himself, to the survivalist
movement with which he was associated,‘ or

proceed under that rule, any reference to Rule 37
in this opinion relates to the pre-1989 provision.

4. Though not an official member, Snell main-
tained close ties with The Covenant, The Sword,
and The Arm of the Lord (CSA). A good sum-
mary of that organization's activities and pur-
poses is found in United States v. Ellison, 793
F.2d 942 (8th Cir.), cert. denied, 479 U.S. 937,
107 S.Ct. 415, 93 L.Ed.2d 366 (1986), where we
described the CSA as

SNELL v. LOCKHART

1293

Cite as 14 F.3d 1289 (8th Cir. 1994)

to the deaths of four policemen in a traffic
accident while en route to Bryant’s funeral.
Similar stories were also prominent on local
television and radio. In the hearings below,
Snell presented expert witnesses who testi-
fied that the publicity preceding Snell’s trial
was as great or greater than the publicity in
virtually any other trial they had seen.
However, the district court’s opinion does not
discuss Snell’s argument that prejudice
should be presumed without a review of the
voir dire.

{2,3] Prejudice may be “presumed from
pretrial publicity when pretrial publicity is
sufficiently prejudicial and inflammatory and
the prejudicial pretrial publicity saturated
the community where the trials were held.”
Coleman v. Kemp, 778 F.2d 1487, 1490 (11th
Cir.1985), cert. denied, 476 U.S. 1164, 106
S.Ct. 2289, 90 L.Ed.2d 730 (1986); see also
Rideau v. Louisiana, 378 U.S. 728, 83 S.Ct.
1417, 10 L.Ed.2d 668 (1963). However, this
principle is rarely applicable, being reserved
for extreme situations. Coleman, 778 F.2d
at 1490; see also Mayola v. Alabama, 623
F.2d 992, 997 (5th Cir.1980) (“{OJnly in Ri-
deau, itself, has the Supreme Court reversed
a state court conviction on this basis of pre-
sumed prejudice deriving solely from pretrial
publicity.”), cert. denied, 451 U.S. 918, 101
S.Ct. 1986, 68 L.Ed.2d 303 (1981). Indeed,
two of the cases upon which Snell heavily
relies involved something more than mere
pretrial publicity. In Murphy v. Florida,
421 U.S. 794, 95 S.Ct. 2031, 44 L.Ed.2d 589
(1975), the Supreme Court noted that in
Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct.
1507, 16 L.Ed.2d 600 (1966), and Estes v.
Texas, 381 U.S. 582, 85 S.Ct. 1628, 14
L.Ed.2d 548 (1965), both of which Snell cites
extensively, prejudice was indeed presumed.
However, the Court found those cases to be
exceptional not because of the amount of
publicity but rather because of the “circus

a group dedicated to securing the supremacy
of white Christians by promoting and engaging
in defensive activities such as survivalism and
paramilitary training, and in offensive activi-
ties intended to cause the downfall of the Unit-
ed States government. The group, variously
known as the Christian Brothers Cedar, the
Zarapeth-Horeb Church, and the Covenant,
the Sword, and the Arm of the Lord (CSA),

atmosphere” of the trial proceedings them-
selves:

The proceedings in these cases were en-

tirely lacking in the solemnity and sobriety

to which a defendant is entitled in a sys-
tem that subscribes to any notion of fair-
ness and rejects the verdict of a mob.

They cannot be made to stand for the

proposition that juror exposure to infor-

mation about a state defendant’s prior
convictions or to news accounts of the
crime with which he is charged alone pre-
sumptively deprives the defendant of due
process.
Murphy, 421 U.S. at 799, 95 S.Ct. at 2085
(emphasis added). The Eighth Circuit has
been similarly reluctant to presume preju-
dice. See, eg., Perry v. Lockhart, 871 F.2d
1384, 1891 (8th Cir.) (“Pretrial publicity can
be the grounds for reversal only if it has
actually prejudiced the jury.”), cert. denied,
498 U.S. 959, 110 S.Ct. 378, 107 L.Ed.2d 363
(1989); Simmons v. Lockhart, 814 F.2d 504,
509 (8th Cir.1987) (“But the fact that poten-
tially prejudicial material was published does
not conclusively demonstrate that a fair trial
is impossible in the local area. The press
has a duty to report matters of legitimate
public interest.”), cert. denied, 485 U.S. 1015,
108 S.Ct. 1489, 99 L.Ed.2d 717 (1988); Unit-
ed States v. McNally, 485 F.2d 398, 403 (8th
Cir.1973) (“Just because, however, there has
been widespread or even adverse publicity is
not in itself grounds to grant a change of
venue.”), cert. denied, 415 U.S. 978, 94 S.Ct.
1566, 39 L.Ed.2d 874 (1974).

As an initial matter, we ‘note that the
expert testimony Snell presented in the dis-
trict court is not decisive. Though the testi-
mony establishes that the amount of publicity
was great, it does not persuade us that the
publicity was sufficiently prejudicial or in-
flammatory. One witness did attempt to an-
alyze the content of the newspaper articles
by counting the number of words in the

occupied a 224-acre farm or compound in
north central Arkansas, abutting the Missouri
state line. [James] Ellison established the ref-
uge in the mid-1970's as a religious retreat.
In 1978, Ellison and the governing council of
elders reoriented the group's activities to pre-
pare for an envisioned downfall of the govern-
ment and an accompanying civil war.
Id. at 945.

1294

articles creating either a negative image of
Snell or a positive image of the victims.
However, the record provides no evidence of
what words the expert considered important.
Moreover, the experts’ comparisons between
Snell’s case and cases where venue was
transferred are not conclusive, for we do not
presume prejudice on collateral review mere-
ly because other trial judges would have
granted a change of venue. A higher stan-
dard must be met when a petitioner seeks
habeas relief on the basis of presumed preju-
dice. See Murphy, 421 U\S. at 804, 95 S.Ct.
at 2038 (Burger, C.J., concurring) (“Although
I would not hesitate to reverse petitioner’s
conviction in the exercise of our supervisory
powers, were this a federal case, I agree with
the Court that the circumstances of petition-
er’s trial did not rise to the level of a viola-
tion of the Due Process Clause of the Four-
teenth Amendment.”). To determine wheth-
er Snell has met that standard, we consider
the circumstances preceding his trial.

As to the media reports themselves, the
district court found that they were primarily
factual rather than inflammatory. Upon re-
view of the record, we conclude that that
factual finding is not clearly erroneous, for
the articles and broadcasts, though numer-
ous, were fair, objective, and generally limit-
ed to a recitation of established facts. Few
relevant editorials were released, and though
several reports contained expressions of sad-
ness or loss, very few hostile or vengeful
statements were publicized. Furthermore,
the media never represented that Snell’s
guilt was a foregone conclusion, as reports
took care to describe him as a “suspect” or as
the “alleged” culprit. The objective nature
of the publicity is significant, for “[c]learly
we must distinguish between largely factual
publicity and that which is invidious or in-
flammatory.” United States v. Faul, 748
F.2d 1204, 1212 (8th Cir.1984), cert. denied,
472 U.S. 1027, 105 S.Ct. 3500, 3501, 87
L.Ed.2d 632 (1985).

We also note that the Stumpp trial took
place almost two years after Stumpp’s mur-
der and over nine months after the Bryant
trial concluded. This court has recognized
the benefits of a cooling off period. Sim-
mons, 814 F.2d at 510 (seven months); Per-

14 FEDERAL REPORTER, 3d SERIES

ry, 871 F.2d at 1890 (ten months). In this —
case, relatively few articles directly relating
to Snell were produced between January 1
and July 1, 1985. Though several articles
and reports relating to other survivalists or
to crime in general were produced through-
out the interim period, most of these did not
even mention Snell’s name. Such reports
related to Snell only indirectly and surely did
not affect the public as did earlier reports.
After July 1, publicity specifically about Snell
and the impending trial intensified, but most
of it concerned pre-trial motions and other
procedural matters. Though a period of sev-
eral months “is not long enough to allow
complete forgetfulness of such a major event
as this, ... it may be long enough to allow
the initial heat and hostility to dissipate, ...”
Simmons, 814 F.2d at 510.

{4] In light of these considerations, we
conclude that the media coverage in this
case, though very thorough, was not so in-
flammatory as to require a presumption of
prejudice. A review of the voir dire is neces-
sary to determine whether Snell received a
fair trial. Accordingly, we next consider
Snell’s argument that the jury was actually
prejudiced against him.

{5] In habeas proceedings, the determi-
nation by the trial judge that jurors are
qualified is subject to a presumption of cor-
rectness. 28 U.S.C. § 2254(d); Patton v.
Yount, 467 U.S. 1025, 1038, 104 S.Ct. 2885,
2892, 81 L.Ed.2d 847 (1984). This is so
because the issue is essentially one of credi-
bility, where the demeanor of the prospective
jurors becomes relevant. Id. Therefore, so
long as there is fair support in the record for
the state court’s conclusions regarding the
jurors’ impartiality, those conclusions should
not be overturned in habeas proceedings.
Id.

{6] Upon review of the voir dire, there is
no doubt that many of those seated on the
jury had knowledge either of facts regarding
the Bryant case, which facts were ultimately
ruled inadmissible, or of facts regarding the
Stumpp case as told in media reports. How-
ever, knowledge of irrelevant or prejudicial
facts is not dispositive, for “the accused is not
entitled to an ignorant jury, just a fair one.”
Simmons, 814 F.2d at 510. “It is sufficient if
the juror can lay aside his impression or

Rekuffed, he bad watched for her in
the streets. The fact that he succeeded in
running down Sallie Mae instead of Mrs.
Delbert proved an ironic twist. His words,
“I've waited as long as I can,” undoubt-
edly referred to money.

Whether she owed any or net, Sallie

‘Mae’s threat to put him back in jail had.

had a murderous effect on the man. The
shooting followed.

“Was this Smith left-handed?” Fink
asked Forneau.

“Sure,” the ex-convict replied. “He had
to be. His right arm is withered. It isn’t
much use to him.”

Following this testimony from F orneau,
the Huntsville wire arrived. This named
Smith as Matty’s closest friend at the
penitentiary and added the fact that
Smith had been sentenced to a ten-year
term in 1938 for armed robbery in Hous-
ton County. He had’ been paroled in 1941
but returned in 1947 on his wife’s bigamy

complaint. And he had been released on:

March 9, 1949.

Then the detective returned from Aus-
tin, where Sallie Mae’s relatives told him
she had lived in constant fear of Smith.
He had written her several threatening
letters from the prison, addressed in care
cf her parents, but they had held these
back from her.

Anderson nodded toward the corpse—
“follow them? He must have had a car.
Then where is it now? Who drove that
car ‘away from the scene?”

“The woman may have returned for
the car,” Lindsey suggested.

Anderson was skeptical. “She couldn’t
have driven out here alone because she
would have had an extra car on her hands;
she wouldn’t dare bring someone with her
because she would have had to reveal her
part in the entire affair.

“There’s the matter of the empty bill-
fold, toc. The money was removed. By
whom? The woman again?” Anderson
shook his head. ‘‘It’s hard to believe that
she could watch her husband or boy
friend killed, and her sweetheart seriously
wounded—and still be hard enough to
steal the few dollars Bohannon had in his
wallet.”

CAREFUL search of the area re-

vealed the .38 calibre revclver which
had taken the life of the unidentified man.
It lay half concealed in a corn stalk a
few feet from the corpse.

The weapon which had been used in.
the shooting cf Bohannon, however, was -

nowhere in the field.
84

INVINCED that Robert L. Smith

A was the man he needed tc talk to,
Fink broadcast a general alarm through-
out the south for his arrest.

Three days later Police Chief C. S.
Gamer of Jacksonville, Fla., learned about
a man who had been sleeping in barns
on the outskirts of the city. Being in re-
ceipt of Fink’s teletyped alarm, he went
seeking the vagrant who turned out to be
Smith.

Bob Smith submitted to arrest stele
ly and almost immediately confessed to
the crime. Returned to Little Rock that

same day, after waiving extradition, he,-

signed’ a typed confession for Dunaway
and Fink,

Ib this he said He had entrusted $500,
his social security card and some personal
belongings to Sallie Mae upon his re-
turn te prison,

“It was all I had,” he said, “and I
told her I would need it for a fresh start
when I got out. Although I wrote her
several times, she paid no attention to
my letters, I got some papers from Lit-
tle Rock and saw a picture in them. I
thought it was Sallie Mae, who had re-
married,

“When Matty Forneau was released, I
asked him to see my ex-wife and get
that money for me. He wrote back that

It had been removed, Anderson de-
cided, by the same person who had emp-
tied Bohannon’s billfold and cut away the
identifying tags.

The billfold and the .38 calibre revolv-
er found at the scene of the murder were
turned over to Captain John Heeger of
the ballistics department for laboratory
examination. °

The corpse in the cornfield was re.

moved to the funeral parlors in the heart
of Evansville. Here through the long Sat-
urday afternoon, a steady file of curious
persons stared, shrugged, and walked on.

It was late in the afternoon when a
slim-figured blonde walked hesitantly up
tc the marble slab. She glanced at the
corpse. Her lips quivered. She reached for
a handkerchief and dabbed at her eyes.

Standing off to one ‘side, the mortician
observed her actions. He was convinced
that she recognized the body.

“You knew him?” he asked quietly.

She hesitated for 2 moment' and lock-
ed down again at the cold corpse. ‘He
was—” she paused, “a friend.”

“Will you wait just a moment?” the
mortician said, “I’ll be. right back.”

He stepped into Bis private office to
call Chief Anderson. The door had bare-

The Case of the Weeping Blonde

(Continued from tage 64)

he’d seen her aiid she wouldn’t give it to
him. I wrote and told him to wait for
me in Little Rock and we'd get, the mon-
ey together.

“When I got up here a couple of weeks
ago I called this Mrs. Delbert, whose pic-
ture I had seen, but she denied owing
me any money. This made me mad, for
I was sure it was Sallie Mae. So I watch-
ed around, and then I saw her.

“You know the rest. I asked her for
the dough and she threatened to put me
in jail. I pulled this gun out of my belt
and started shooting. I regretted it just
as soon as the last.shot was fired. But it
was tco late then—and it’s too late now.”

Smith, a 40-year-old cripple, said he
had hopped a freight train at the Baring

’ Cross bridge and gotten out of town that

same day. He had hung around Jackson-
ville until Chief Garner caught up with
him.

The man was quickly indicted and
brought to trial. On May 23rd, he en-
tered a plea of guilty to murder and re-
ceived a life sentence in the Arkansas
State Prison.

Editcr’s note: The names Mr. and Mrs.
Franklin Delbert and Matty Forneau are
fictitious to protect innocent persons. in-
volved in the inguary.

ly closed behind him when the woman
turned on her heel and ran for the street.
The morticiah rushed after her—but he
was too late.

She had joined the downtown crowd,
and she was already lost to his sight.

Disappointed, the mortician returned
to the phone to notify Chief Anderson of
the strange scene which had taken place.
The woman, the mortician said, was
blonde, slim, with blue eyes and she wore
her hair in a sophisticated upsweep.
“Pretty,” he said, “very pretty.”

They had found the woman in the case
--cnly to lose her. ;

Her description was relayed to squad
cars and patrolmen and all officers were
asked to be on the lookout for the mys-
terious blonde.

It was time, Anderson decided, to have
another talk with Bohannon. Accompanied
by Lindsey, he once again visited Deacon-
ness hospital.

“Too late,” they were told. “William
Bchannon died. fifteen minutes ago with-
out’ regaining consciousnes.”

The case had already claimed two vic-
tims.

By nightfall, the baffling murder riddle
was as complicated as ever. The blonde

was still +
had been d
Nor did
identity. \
no idea of
scoffed at
band could
woman, Bu
had a busix
band, she }
about it.

APTAD
tics d
Anderson r
He drop
on the chi
non’s revo]
the serial] ;
to carry it.
Anderson
bullets four
Heeger n
prints on i
question ab
the gun fig}
“Somethi
help.” He
which had
the cornfie
visible wer:
A chemical]
out.
“Looks 1:
suggested. ”
Chief An:
formation <
day’s editio:
of the mys!
unidentified
repert state
F.M. Anyo:
his identity
headquarter
The stor
results. Th:
caster plant
lieved the \
was employ:
Friday,” th
show up for
At Ander:
te the fune
hesitatingly
of Frank
“He livec
ley, somew!
They wer
squad of de
of Detectiv
dcocr-to-door
Harriet Stre
of the decea
panion, Fra:
In the 1:
identified th
on the seco
believe Mr.
They fow
faced man \
answered th:

nervous, and once,
who caused her to

iursing career, Fink
- seen her husband,
ng and handsome.”
treet, was obtained
aweek and Ed Dil-

1e murder weapon,
possibly exist. The
matic. It seemed to

h bore the label of
ing marks visible to

of pictures. Every-
attractive brunette,
back a number of

‘rom_a Little Rock
woman whose name
t. The name had a
place it at that mo-

‘aley & Roth funeral
headquarters, where
awn criminals whose

descriptions seemed to fit closest to that of the wanted man.

To the surprise of Fink and Dunaway, three of the witnesses
settled on one as being the likeness of the man they had seen.
The detective chief reversed the photograph and read the reeend
on the back.

“Matty Forneau!” he exclaimed. “I didn’t figure he had
enough nerve to show up in these parts again.”

The man in question, an ex-convict, had done time in the
Arkansas State Prison and other scuthern institutions. He hadn’t
been heard from in about two years.

“What could be the hookup between Matty and that wom-
an?” asked Dunaway, who had once prosecuted the felon.

Fink shrugged. “That’s something we may not find out until
we locate him,” he replied. “I’m not se any time wondering.
A general alarm is in order.” *

When this was launched, Fink sent Foensins s photo up to the
hospital, to be viewed by the nurses and other employees. Word
came back that the ex-ccnvict looked like the man who had
recently called at the hospital to see Sallie Mae Barner,

HIS deepened the mystery, which was not cleared up even

when Bill Barner, 42, the victim’s husband, was brought, in
by Traweek and Dilbeck. Taken into custody at his place of em-
ployment, he said he’d never heard of Forneau.

“What’s the matter with my wife:” Barner, a truck driver,
demanded. ‘These fellows’’—indicating the detectives—‘‘said
scmething about an accident.”

Told that his wife had been shot, Barner’s eyes first widened,
then screwed up in a grimace of disbelief and anguish.

“Who'd do that?” he demanded incredulously. “Is she .
dead?”

Fink nodded. The husband groaned and sank into a chair,
covering his face with his hands. A moment later, throwing off
the shock, he asked to see the woman in the morgue:

‘‘Maybe it’s a mistake,” he said hoffefully.

But it wasn’t. Later, back in Fink's office, the husband con-
firmed the identification. He seemed at a loss to explain the
reason for the tragedy.

He didn’t know Forneau, said he had never heard of Mrs.
Franklin Delbert, and had no idea why anyone would be carry-
ing around a collection of his wife’s pictures.

“It could have been someone she knew before she met you,”
Fink pointed out. ‘“‘Any idea who that might be?”

Barner lcoked surprised. ‘“‘She had four husbands before we
married,” he replied. “The last one she divorced.”

Fink sat up peed ‘Four husbands?” he repeated. ‘How
come?”

Barner shrugged. ‘Don’t ask me. We never talked about her
past. It was.sort of an agreement between us.”

The detective chief frowned. What did that mean? Had she
had something to conceal?

The sports jacket didn't fit Barner. But to play safe, the
detective chief called in some of the witnesses to look the man
over. They shook their heads.

The murder gun was sent to ballistics, and when the tech-
nicians founda serial number, Fink broadcast this to police de-
partments throughout the south and ordered his own men to
check pawnshops and gun stores for recent sales.

Meanwhile, the officers who had been canvassing the neigh-
berhood of the murder came in and reported their failure to pick
up the murderer’s trail. They had been unable to find anyone
who had seen the man.

“That may mean he had a car parked near by,” the detective
chief told Dunaway, “I'll have the high-
way’s watched.”

Reports kept coming in from the de-
tectives engaged in a variety of pursuits,
but most of these were discouraging.

No trace of Matty Forneau, the much-
wanted ex-convict, was discovered, and
the officers who were keeping an eve on
bus and rail terminals called in with in-
formation that no one resembling the
shirt-sleeved killer had been seen.

Meanwhile, Dr. Dishongh was perform-
ing the autopsy at the morgue. He didn't
expect the post-mortem to reveal anything
very startling or particularly helpful.

People and ambulance standing
by, awaiting the police. White
sheet is now covering the corpse.

Yet it did. As he began his work, the coroner noticed a pe-
culiarity in the wounds. Although all the bullets hdd been fired
only a short distance from the body and were lodged in the
right side of the back, their course definitely ranged from left
to right.

To Dishongh, this could mean but one thing—the killer had
discharged the gun with his left hand!

But did this mean a left-handed man? The coroner knew bet-
ter. An ambidextrous person might switch the gun from right
to left hand, depending on the position of his victim.

However, it was an interesting. point, and one which Dishongh
hurriedly communicated to the detective chief, when he took the
bullets over personally.

Dunaway was there at the time. “Is this Forneau left-handed?”
he asked.

Fink didn’t know. “But it’s something I can find out,” he
snapped, sensing the significance of the findings. ‘His prison
records should show it. If he is, we don’t have to look any fur-
ther for our man.”

He teletyped an inquiry to the Arkansas State Prison, where
Forneau had served time. The whole case might hinge on the
answer, provided it was definite.

The bullets were sent to the ballistics bureau, to be checked

with the automatic, no trace of which had been picked up in the _

pawnshops and gun stores. Neither had Fink any reply to his
wired queries about the weapon.
Then the officers began studying (Continued on page 82)

the other evidence in the case, including
the jacket with the Texas label. Prin-
cipally, they were seeking answers to why
the killer had carried a batch of Sallie
Mae Barner’s phctos arcund with him,
in addition to the two clippings.

Fink was toying with these now. Mrs.
Franklin Delbert, he saw, was an excep-
tionally attractive woman. The caption
under one of the photographs indicated
that the writer saw eye to eye with him.

“Comely Little Rcck matron who has
returned from her honeymoon,” it said
in part.

Apparently there was no story with ei-
ther clipped picture, so Fink was unable
to learn more about this Mrs. Delbert
immediately, He wondered again where
he had heard the name before.

Then, as he studied the woman’s face,
he straightened up. A second later he was
rummaging through the photographs of
Sallie Mae Barner until] he found one in
a similar position. He whistled.

“Take a look at these pictures,” he
said to the others, “and tell me if you
see the same thing.”

Dunaway and Dishongh viewed the pho-
tograph of Mrs. Barner and’ the newspa-
pers reproductions of Mrs. Delbert. They
looked at each other, then up at Fink.

“There’s a very strong resemblance,”
the district attorney’ said.

Dishongh nodded.

‘That’s the way I was impressed,” Fink
said. He rubbed his cheek reflectively.
“H’mm. I wonder what the connection
is, if there is any. Two women who look
alike, and one of them shot to death.”

Dunaway’s eyes narrowed. “Are you
thinking there might have been a mis-
take?”

“Why not?” Fink countered. “You re-
member what those witnesses overheard?
The gunman said, ‘I’ve waited as long as
I can.’ And the woman answered, ‘I’m
going to call the law! I’m going to put
you in jail.’ ”

“Well?”

“Well, if he was wrong about her, she'd
naturally react like that. She wouldn’t
want to be stcpped on the street and
threatened. What she practically said was,’
‘If you don’t leave me alone, I’m calling
the cops.’ ”.

Dunaway pursed his lips. “What do you
intend to do about it?”

“Find out,” Fink answered.

He reached for a telephone book and
began flipping to pages to the D section.
“Yep, here it is—Franklin Delbert. Two
addresses, business and home. Humph,

Why Not Blackmail the Dame?

(Contimied from page 49)

I thcught the name sounded familiar!”

“What -dces he do?”

Fink grinned. “I think that question’s
come up before. Frankly, he’s been under
suspicion as a bookie, A place he was sup-
posed to have backed got raided a while
back, but we didn’t grab the fellow be-
hind it. He, we discovered, was pretty
much hush-hush.”

“An ex-con like Forneau would fit into
a background like that.”

The detective chief nodded slowly. “I’ve
been thinking’ that myself.” He reached
for his hat. “I guess we’d better run up
and see this Mrs. Delbert.”

Before leaving, however, Fink gave in-
structions that inquiries be made to the
Houston stcre about the jacket. “Find
out if they can tell us who purchased it,”
he instructed ‘Traweek.

YHE Delbert residence proved to be a

low, handsome house set well back
from the street. Add Delbert, who open-
ed the door for them, was a buxom, well-
turned-out woman. She smiled graciously,
though frankly puzzled, and admitted
them to her sitting room.

“You gentlemen wish to see my hus-
band?” she inquired when they identified
themselves.

Fink shook kis head. “Not for the mo-
ment. It is you we wish to talk to.”

The woman’s brows went up. “Really?
What have I done?”

The detective chief took a picture of
Sallie Mae Barner and newspaper clip-
pings of herself from his pocket and pass-
ed them cover.

“Please look at these.”

The woman’s curicsity caused her to
inspect the proffered items closely. Then,
amazement written on'her face, she look-
ed up at the visitors.

“Who is this?” she asked about Sallie
Mae. “She locks exactly like me.”

The detective chief nodded. ‘Yes. We
were wondering if you would notice the
resemblance, That woman was murdered
this moming.”

Mrs. Delbert drew back, alarmed.
“Good heavens!” Then she seemed to
sense the implication. ‘Are you thinking
a mistake was made?”

“Yes,” Dunaway put in. “Do you know
of anyone who would want to shoot you?”

The woman sat down abruptly. She had
grown visibly paler.

After a moment, she said slowly, ‘‘Pcs-
sibly. Some man has been calling me on
the phone for the pagt couple of weeks.

He said something about having ‘found’
me.
“At first-I didn’t know what he was
talking about; then I decided he had
probably mistaken me for someone else.

“He said he wanted his money, and
that I’d better get it up before he took
some kind of action, He didn’t say what
this action would be, but from his talk
I judged it would be something dire.”

“What did you do about it?” Fink ask-
ed.

“T told him he was wrong, I had no
money belonging to him or anyone else.
He said he was coming around to the
house. I told him my husband would
threw him out if he did. .

“The last time he phoned, he threatened
to catch up with me on the street. I think
that is what must have happened to that
other woman.”

Fink and Dunaway had known from
the first that the clippings and photographs
were important. But they were unpre-
pared for the story Mrs. Delbert had told,
And it had been poured out so glibly, it
seemed almost as though she might have
considered it in advance of their arrival,
as though she had expected an official to
call.

It was possible, they realized, that Mrs.
Delbert was turning the shooting to her
own advantage to cover up the real facts.
Or perhaps to hide some wrong committed
by ber husband, the bookie. The money
theme running through her account in-
dicated the latter.

“Where is your husband?” Fink asked.

“Out of town,” the woman answered.
“He’s not due back for several days.”

Unable to obtain any more information,
the two officers took their leave. On the
way back downtown they debated the pos-
sibility that the ex-convict, Matty For-
neau, had had some dealings with Delbert
and had gotten the worst of it.

INCE Mrs. Delbert had said her call-

er gave no name, nor did she have
the slightest idea who he might be, this
left the investigators in the dark. Fink
knew he and his men would have to in-
vestigate carefully the background of the
ccuple, especially that of the husband,
and any connections he might have had
with Forneau.

A report from the state prison was
awaiting him in his office. This said that
Forneau was definitely right-handed,
though he was handy with his left. The
reply settled little.

Barner was questioned again that night,

this time about the
he had never heard

“How about tho
your wife’s?” Fink
any reason why one
to do this?”

Barner shook his
husband was a Bob
me. He cnce worke
her. They just did:
agreed to the divor
married eleven mon
one wait that long

Ht was a good qi
ner Dunaway could
were convinced tha
ing about the crim:

By the following >
apparently reached
Fink discovered tha
served his last sen
ville, Tex., penitent:
leased in February |

“Now we're get!
tcld Dunaway em
that label in the s

The prosecutor «
any information ha:
yet. The detective
saying he expectec
from the Houston

This, arriving in
appointing. There v
had purchased the ;

Nevertheless, Fir
neau had bought it
efforts to get a lin:

“Find cut who
here,” he told his c
of them know whe

While the hunt {
was going on, the
other men to work
He was interested
Forneau had ever
Delbert, the suspec
was proved, then
tween the felon anc
calls to Mrs. Delbe

Fink himself beg
Mae Barner’s past.
ord of her four p
feund out that sh
in applying for a |
Robert L. Smith.
place of residence
Hospital.

The detective chi
and the woman he
employed there; |
why their marriag
than a few months.
what Barner had s
a real grudge age
would he wait ele
up with ber?

Nevertheless, h«
the. state hospital,
about Smith and S
time he began chec
bands, seeking to «

about having ‘found’

know what he was
1 I decided he had
ne for someone else.
ited his money, and
it up before he took
. He didn’t say what
e, but from his talk
e something dire.”
about it?” Fink ask-

vas wrong, I had no
him or anyone else.
ming around to the
my husband would
did.

shoned, he threatened
on the street. I think
ive happened to that

iy had known from
ings and photographs
t they were unpre-
Ars. Delbert had told.
ired out so glibly, it
ough she might have
ince of their arrival,
pected an official to

ey realized, that Mrs.
the shooting to her
ver up the real facts.
me wrong committed
bookie. The money
ugh her account in-

isband?” Fink asked.
ve woman answered.
‘or several days.”

Ay more information,
: their leave. On the
hey debated the pos-
convict, Matty For-
dealings with Delbert
vorst of it.

‘tt had said her call-
e, nor did she have
10 he might be, this
s in the dark. Fink
n would have to in-
ie background of the
at of the husband,
he might have had

ie state prison was
office. This said that
iitely right-handed,
y with his left. The

ned again that night,

this time about the Delberts. Barner said

he had never heard of them.

“Hew about those other spouses of
your wife’s?” Fink asked him. “Know
any reason why one of them would want
to do this?”

Barner shook his head. “Her fourth
husband was a Bob Smith, she once told
me. He cnce worked in a hospital with
her. They just didn’t get along and he
agreed to the divorce. Anyway, we were
married eleven months. Why would any-
one wait that long to start anything?”

Ht was a good question. Neither Fink
nor Dunaway could answer it. But both
were convinced that Barer knew noth-
ing about the crime.

By the following morning, the case had
apparently reached -a deadlock. Then
Fink discovered that Matty Forneau had
served his last sentence in the Hunts-
ville, Tex., penitentiary. He had been re-
leased in February of 1949,

“Now we're getting somewhere!” he ,

tcld Dunaway exultantly. “Remember
that label in the sports jacket?”

The prosecutor did, and wondered if
any information had come through on it
yet. The detective chief shook his head,
saying he expected a momentary: wire
from the Houston department store.

This, arriving in mid-morning, was dis-
appointing. There was no record of who
had purchased the garment.

Nevertheless, Fink had an idea For-
neau had bought it, and he redoubled his
efforts to get a line on the fugitive.

“Find cut who his pals are around
here,” he told his detectives. “See if any
of them know where he is.”

While the hunt for the former convict
was going on, the detective chief put
other men to work on the Delbert angles.
He was interested in knowing whether
Forneau had ever had any dealings with
Delbert, the suspected bockie, for if this
was proved, then there was a link be-
tween the felon and the mysterious phone
calls to Mrs. Delbert.

Fink himself began probing into Sallie
Mae Barner’s past. He looked up the rec-
ord of her four previous Marriages and
found out that she had listed them all
in applying for a license in 1947 to wed
Robert L. Smith. Both had given their
place of residence as the Arkansas State
Hospital.

The detective chief reasoned that A ai
and the woman he married had both been
employed there; but he also wondered
why their marriage hadn’t lasted more
than a few months. He also thought about
what Barner had said. If Smith had had

' a real grudge against his ex-wife, why

would he wait eleven months to take it
up with her?

Nevertheless, he communicated with
the state hospital, asking for information
about Smith and Sallie Mae. At the same
time he began checking on the other hus-
bands, seeking to determine whether any

of them could have been in Little Rock
at the time gf the murder.

Ancther day passed without definite
progress. Then Detectives Traweek and
Dilbeck came in with information on For-
neau,

“Chief,” the former said, “Matty was
around town until a couple of days
ago.”

“Now he’s gone?”

“Yes. One of his pals told us he was
planning to go, so we don’t know whether
the killing had anything to do with it.
He said he was only sticking around to
meet a friend who was coming here, some-
cne he knew in Texas,”

Fink ’ frowned. “Texas, eh!
whether this guy showed?”

Know

“No. We don’t even know whether
Matty waited for him. Anyway, he’s gone,
so the guy could have shown up. Either
that or the killing started Matty on the
lam.”

Fink thought a moment, then said,
“Look around for Delbert. If he’s come
back, bring him in. We’ve got to find cut
what the tie-up is.”

Fink wired the Texas penitentiary, ask-
ing for the names of ‘Forneau’s former
cellmates or close cronies in the institu-
tion. “Advise if any of them were released
recently,”. his message added.

Delbert was still out of town. Nor were
any of Mrs. Barner’s ex-husbands lo-
cated. It began to appear as if none of

them had been in the vicinity of Little
Rock at the time of the killing.

But Fink did learn that Sallie Mae
had relatives in the town of Austin, Ark.,
80 he dispatched a man to talk to them.

OSD ENLY the various pieces started
to weld. The first clue came with the
apprehension of Matty Forneau who, it
appeared, had not left the city at all.

‘But it was Forneau who touched off
the series of revelations when Fink and
Dunaway questioned him in the prose-
cutor’s office. The ex-convict readily ad-
mitted having visited Sallie Mae at the
hospital, but he denied killing her.

Told he had been identified by three
witnesses, the man shrugged this off.
“They made a mistake.”

Fink pointed out that his guilt seemed
indicated by other factors in the case:
the light tan jacket purchased in the
‘Houston store, the automatic pistol] which
could undoubtedly be traced to him, the
telephone calls to Mrs. Delbert.

Forneau locked up. “I never heard of
that gal,” he said. “Who is she?”

Even when Fink explained the threaten-
ing nature of the calls, Matty continued
to shake his head.

Dunaway leaned forward. ‘Who was
the man you expected to meet here?”

“A feller named Bob Smith,” Forneau
replied. “We did time together in the
Huntsville pen. His wife owed him some
money, he told me, and he asked me to
see her and get it for him, so he’d have
something when he got out. That’s why I
went to the hospital. I discovered she
worked there.”

“Didn’t Smith know where she was?”

“No. He’d lost track of her.”

Fink’s eyes were widening. “Why was
Smith in the pen?”

“Violation of parole. His wife turned
him in for bigamy. It seems he forgot
to tell her he was married when they got
hitched here in 1947.”

The detective chief finally saw the
whole picture. Even though at this mo-
ment he had only Forneau’s story, it was
enough to convince him that vengeance
had been the motive in the crime—a
vengeance wreaked by a man sent to
prison by a wronged wife.

It probably was also true that Matty
had been delegated to see this wife prior
to Smith’s release from prison, and it was
also possible that either Sallie Mae owed
Smith money, or that he fancied she did.

Regardless, when Forneau failed to col-
lect it, Smith himself, following his re-
lease, had come to Little Rock to get it.

It was also clear that Smith somehow
had seen Mrs. Delbert’s picture in some
local’ papers. Her likeness to Sallie Mae
had led him to believe she had comfort-
ably remarried, so he made the phone
calls in an effort to arrange a meeting.

- ne am

MP Soe Sah

FoR A = a
. o

Detective

five fatal slugs in her body.

Roy Weems, who had called the po-
lice, was of even more help. It appear,
ed that his home was directly across the
street from the scene of the tragedy.
He had been leaving for work when he
glimpsed the body lying in the gutter.
As he was about to investigate, he had
seen a man running across his garden,
pausing only to discard a pistol in his
flight.

Guided by Weems, an officer had
already recovered the gun. An old
.38, it was pitted in spots by rust but
had been freshly oiled and cleaned.
Along with the five spent cartridges, the
weapon was immediately rushed to
headquarters for identification and
ballistics tests.

“What did the killer look like?”. Fink
usked Weems.

Weems description — which agreed
with those given by seven other wit-
nesses—was not of too muth immedi-
ate help. The killer, he said, was be-
tween forty and 45 years old, of medi-
um size and wore a light zipper jacket.
Yes, he would recognize him if he ever
saw him again.

Automatically, Fink ordered detec-
tives and partolmen to comb the area
for some traces of the wanted man.
Then he turned to his aide, Lieutenant
Kerr.

“What do you make of it?”

“He was laying for Mrs. Barner,”
Kerr said slowly. ‘And the way he
figured it so close on time and place
indicates that he knew her pretty well.
The gun looked like he wiped his finger-
prints off before he discarded it. So
I'd say that means he’s had a few run-

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ins with the law before.”

“Either that or his prints are on
record because of military service or
war-plant work,” Fink agreed. ‘Well,
we're not needed here any more. Let's
get over to the hospital and see what
we can learn.”

Leaving a patrolman to await the
arrival of Pulaski County Coroner Dr.
Howard A. Dishongh, Fink and Kerr
adjourned to University Hospital to
check the records and question the
dead woman’s friends.

It appeared that the redhead had
been married to a truck driver and had
lived with him in a small apartment
within walking distance of the hospital.

“You might talk to Bill,” one nurse
said. “He and Sallie were on the outs
lately. They had kind of a battle last
weekend.”

“What about?”

The nurse, a young brunette who had
been a special friend of the dead wom-
an’s, bit her lip. “It doesn’t add up
because Sallie wasn’t the kind who'd
cheat on her husband, but she met a
man over in North Little Rock last
week. Friday, | think.”

“And Bill Barner didn’t like it,” Fink
interrupted.

“I’m not saying that,” the brunette
nurse said. “All I know is that she
met him—and that he wanted money.”

“Money?” Kerr said. ‘What for?”

“I don’t know. — Like I said, why
don’t you talk to Bill?”

Within a matter of minutes, Fink
was arranging to do just that. Phoning

headquarters, he requested that Bill

Barner be picked up and brought to
the scene of the crime.

Headquarters, in turn, had some in-
formation to relay to the detective
chief.

The murder gun had borne no prints,
as Kerr had guessed. But more im-
portant was the fact that it apparently
had been stolen. Four days earlier, a
west side householder had reported that
a pistol with that serial number was
missing.

“Any suspects?’

“One. The pistol was missed just
after a handy man quit his job. A pick-
up order’s been out on him all week.”

Fink hung up then and turned to
Kerr. “Let's check her locker,” he
said. ‘Might be something there.”

None of the articles bore any identi-
fication. Just as the officers were ga-
thering the things together to send to
headquarters for tests, Bill Barner ar-
rived at the hospital with an escort of
iwo patrolmen.

White-faced and

shaken, Barner

DOUBLE CROSS ME AGAIN

(Continued form Page 13)

could only cry, “What happened?
What's it all about?”

“We thought you might be able to
tell us,” Fink suggested.

Barner shook his head. “I don’t
understand it,” he said slowly. “When
she left for work this morning she was
happy and didn’t have a worry in the
world.”

“Maybe there’s something in her
past to explain it,” Kerr said.

But from Bill Barner’s story it didn’t
look like the dead woman's past would
be so easily revealed. “I’m her third
husband,” he said, “and we've only
been married eleven months. If some-
body she knew back before she married
me hated her enough to kill her, Sallie
never told me about it.”

“What did you two quarrel about
last weekend?” Fink questioned abrupt-

ly.

any serious quarrel. Their disagree-
ments, he admitted, had been far from
infrequent, but he claimed there had
been no lasting bitterness in their wake.
“I loved her,” he said. “I couldn't be
mad at her for jong.”

“Okay,” Fink said. “If you'll wait
down at headquarters. . .”

Three blocks away, Detectives Tra-

week and Biggs were having no more
luck in their hunt for the killer than
the dozen. other officers who were
searching the neighborhood.
- “Because we're going at this all
wrong,” Traweek grumbled. “That
guy got away clear. He'd be nuts to
attract attention to himself by dodg-
ing around backyard rose bushes.”

Biggs lifted a qfestioning eyebrow.
“All right,” he countered. “What did
he do?”

“Just what you or I would have
done,” Traweek said. “An alley angles
off Tenth Street, just around the cor-
ner from where he shot the woman.
He ducked in there. Two or three
blocks north, he came out on the street
again and went merrily along, just an-
other Honest John on his way to work.
If we go back and follow that trail,
maybe we'll pick up something.”

Retracing their steps, the two detec-
tives turned into the alley. Midway,
Biggs spotted a soiled tan jacket lying
in the weeds at one side. The weeds
wére still wet with dew, but as the de-
tectives picked up the jacket, it was
dry in his hands.

So far as the two officers could see,
the only clue to the owner's identity
were several snapshots of women which
Biggs dug from one pocket. And two

Barner denied that there had been |

&
A
%

Cross Me Agam!”

The man with the withered right arm, second from the
left, thought that she’d double crossed him, that she
had sent him up, and he was determined to get revenge.

that lay sprawled out in the gutter with three. patches of
red splotched across the forehead and two others staining
the spotless white of the uniform. “She was a good kid,”
he said. “And a good-looker, too.”

“Know anything else about her?” Fink asked.

“Not much. You'll have to ask the nurses over at the
hospital. They should be able to give you some- in-
formation.”

“Okay. But first I'll check around here. Somebody
must have seen what happened.”

It appeared that several people had witnessed the fatal
encountet . . . had seen the redheaded nurse quarrelling
with a badly dressed man who accosted her in the street,
seen her start to walk away then stagger and fall with

(Continued on Page 76)

All that Detective Chief Fink had to work with was a
stolen pistol and a story of a mysterious rendezvous.

happened?
ye able to

“I don’t
ly. “When
ig she was
rry in the

g in her
a
-y it didn’t
past would
her third
ve've only
If some-
he married
her, Sallie

rrel about
ed abrupt-

had been |

- disagree-
n far from
there had
their wake.
oul be

you'll wait

ctives Tra-
g no more
killer than
who were

t this all
ed. “That
be nuts to
by dodg-
yushes.””

zg eyebrow.
“What did

yould have
alley angles
id the cor-
he »woman.
o or three
n the street
ng, just an-
ay to work.
that trail,
ning.”
two detec-
_ Midway,
jacket lying
The weeds
t as the de-
ket, it was

5 COUN™ see,
sr’s identity
omen which

. And two -

of the snapshots were unmistakably
pictures of the slain woman!

The other faces were unfamiliar, but
Traweek let out a whistle as he unfold-
ed a newspaper clipping tucked - deep
in one pocket. ‘ It was a picture of a
member of Little Rock’s Four Hun-
dred, torn from a Sunday Society page.

“Mrs. Lorimer Anderson!” Biggs ex-
claimed.

Traweek’s eyes narrowed question-
ingly as he met his partner's puzzled
stare. “If this man’s our killer, what
connection would he have with her?”
he said.

Fink had one idea about that when
Traweek and Biggs reached headquar-
ters with their find.

“If he was blackmailing one woman,”
he pointed out, “there’s nothing to say
that he wouldn’t try it on another. That
could be the answer to the whole bu-
siness.”

The detective chief carried the pic-
tures into an inner office where Barner
waited. The man unhesitatingly pick-
ed out the two of Mrs. Barner and a
third which he identified as that of
the slain woman's mother. The mother,
he said, lived at Austin Station, north-
east of Little Rock. But he had no
notion as to why the killer had the
three pictures. :

“But,” he declared, “the only person
who could conceivably have had any
reason to carry Sallie Mae’s picture is
her second husband. And he’s in the
Texas State Penitentiary at Huntsville.”

The three officers exchanged startled
glances. “Are you sure?” Traweek de-
manded.

Barner shrugged. “If he isn’t,” he
said, “he sure ought to be. Sallie Mae
put him there.”

While his wife had never told him
all the details, Barner went on, he did
know that Sallie, then a widow, had
met the min while both of them worked
in one of the sfate’s hospitals. His
mame was Robert L. Smith, and he
had an underdeveloped and quite use-
less right hand and arm. It was pity
for his deformity, as much as love, the

_ truck driver suggested, that had prompt-

ed her to marry the man.

After their marriage, Barner con-
tinued, the red-headed victim had dis-
covered that Smith had once been sen-
tenced to ten years for burglary from
Houston, Texas, and had finally serv-
ed his term after violating two paroles.
But even more important, she learned
that he ha:I not bothered to divorce the
woman to whom he had been married
when sent to prison. ‘So she had filed
a bigamy charge. Her testimony had
been largely responsible for returning
Smith to prison to serve another three-
year sentence.

Mulling over Barner’s story, Fink
led the two detectives back to the outer
office where Dillbeck and Terrell were
waiting. Rapidly he outlined Bill Bar-
ner’s story and Traweek’s and Biggs’
discovery which had led up to it.

“What next?” Traweek asked with

a frown.

“Part of it,”
the stolen gun.”

Rapidly he sketched that angle of the
story. “We've got a definite suspect in
that deal. His name is Bo Delancy.
An ex-con, he’s a two-time loser on
forgery raps. So there could be some
tie-up between him and this Robert
Smith. He could even have gotten the
pictures of Mrs. Barner and her mo-
ther from Smith. Anyhow, he’s the
lad we want to pick up.” He paused.
“That’s a job for Dillbeck and Terrell.
Delancey is 41 years old, of medium
height and build. The Identification
Bureau can furnish a picture. My
guess is that he would hang out at the
cheap hotels and beer joints down close
to the Arkansas River.

“Traweek and Biggs, you go out and
interview Mrs. Lorimer Anderson. Find
out if Delancy has ever worked for
her, and if not, what possible connec-
tion there is between them.”

As soon as the four detectives left,
Fink called Prosecuting Attorney Ed-
win E. Dunaway at the Pulaski County
courthouse. Dunaway had been keep-
ing up with the case and he listened to
the new developments with intense in-
terest.

“The key to this whole crime lies
in that second marriage of Mrs. Bar-
ner’s,” he suggested. “Keep on that
angle. I'll send a couple of investigat-
ors to interview Mrs. Barner’s mother.
You can go ahead full speed, too. The
coroner’s already returned an official.
verdict of murder.”

“We're working at top speed al-
ready,” Fink said. “The boys are out
working on all the angles now.”

But the police, and Dillbeck and
Terrell in particular, were running into
trouble. They'd already talked to a
dozen characters who usually knew
everything happening in the city’s un-
derworld, and all of them denied even
knowing Bo Delancy. Finally, after
half a hundred false starts, they found
a flophouse operator who remembered
the wanted man from the old days.

“But the guy got a few bucks together
and I haven’t seen him lately,” he said.

“More bad checks,” Dillbeck guessed.

The flophouse man shook his head.
“Delancy swore he was through with
being crooked,” he said. “Queer as it
sounds, I think the guy actually went
to work.”

“He did” Terrell returned shortly.
“That’s why we wartit to talk with him.”

“Wait a minute,” the man said. He
dived back inside the gloomy depths of
his establishment and presently return-
ed. “One of the boys says Delancy
hangs out at two beer points. It’s just
a bet that you can pick up’ his trail
there.”

Luck was with the two detectives.
Delancy had walked out of the first
tavern they visited not five minutes
before their arrival. The bartender
followed them to the doorway and
pointed out a man standing on the curb

Fink said, “involves

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SMITH, Robert L., white, elec, Ark. (Puhaski) )-2-1950

> Youll Never Double-

TIMELY DETECTIVE, May,

BY HORACE RENSHAW

HE month of May... spring is moving into summer
and the promise of fulfilment lies heavy on the land.
The mornings are clean and clear and the skies are
washed a bright, hard blue. The people moving along-the
streets are only half-conscious of their surroundings. Most
_ of them want release—from their jobs, from their homes,
from the drudgery of their daily lives. They look skyward
and see all their castles in the air shining with the newness

and plausibility that only a clear, untroubled day can give.

them. They are unaware.

The man in the soiled tan jacket who waited at the edge
of the sidewalk at 7:00 a.m. on May 4, 1949, just a bare
half-block from the University Hospita] in Little Rock,
Arkansas, had evidently counted on just such an unaware-
ness. He had figured that nobody would notice the beautiful
redhead im a nurse’s uniform who was hurrying along
McAlmont Street at the eastern edge of MacArthur Park.

As the woman reached the spot where. he stood, he step-

ped out, barring her way. She halted just beyond'‘his reach,

1952.

A dozen people saw the beautiful redhead stagger back
and fall to the street with five bullets in her body,
but not one of them could give a clue to the killer.

stiffening perceptibly. For several moments the two stood
face to face, exchanging angry, bitter words. Then the
woman, with a quick half-turn of her graceful young body,
moved around the man and started on down the street.

She had taken half a dozen steps before the man realized
what had happened. Then, with a shrug of defiance, he
reached into his pocket and brought out an automatic pistol.
For an instant he stared at the ugly weapon. Then he
fired—five timés—and slowly and deliberately turned on
his heel and walked away. It was all over in a matter of
minutes. The illusion of peace and of beneficence had
been thoroughly and completely shattered.

When Detective Chief C. O, Fink of the Little Rock
department and a squad of officers arrived at the scene in
response to a call from one Roy Weems, they found an
interne already examining the body.

“Her name's Sallie Barner,” he told Fink. “She was a
nurse’s aid in the hospital nursery. She was to have gone
on duty at 7:00.” The interne paused, gestured at the body

eae eee: Sues

aD dM daake L fi 5

Wiltiam, Dleck, hunged Cal

wpa’

‘i
: .
Day EL teed ty 8
x oy 57
Bmith, the. cr. ‘of
j ee ae v4 : lane ners
th “Pierce, Pays: the *
Re Sy " ea fas ? ys “4 , hay
IY, rate ‘ reiee oe te
es j gs ae os : ‘onalty te “ot, ee
alsjopuayee Camdemees tor a
BAO ay Ah Or on
igh ag M fy i ommeneenaane Pim ;
br Rae Pad he ny Da ae eae

we ih 1h. i eeatht tam nip te ates |
Bmith Blakeor,"a Confeasion,. on: the
Haye Seittold : Impiicating Others oy

and Confessing Ils tee

oe
au * eh Ok,
ieee nd MO LE Oe
* > A geese

fa fe Cet Le pa
y. me whee wove a ep is Pa
EY ey... ‘ ei’ Ce wera “ys
4 SL Noonan shee Pe ,
Bpecial-ta the Girton, ise es
| CAMDEN, }, Sentembar -“.8.—Thia
mora at 6:5) o’cloak Shorift
Hamilton and the few tayited ppre
sons whid woro to witnsss the hangs
ing rae BU Smith assomdlol at
the. J4f}- for. the purpose of exs0ute
ing tha law.®; Old Bilt sald ha knew
al about: the: orlms.. Wad thore
; tho; gud :wae fired, althougy:
Mot ;do. the shooting, *Ha
‘iat. the white “woman who-
4vith~Ploroe - got. the money:
out ofa Pleroo’s trunk“ -aftor, the

‘murdé Beier rob vary on tha Tunne
day (06,

Ta eS ae
Mg et oh eel EM ere. FOr
a. y t4 oe ‘ss if 4
. ' *'f . ‘ :
eos .
| Ne Vs
‘a ui *.
ae ad fd | . 4 H
Th Je’ . tenet oe ° .
e mew 4 o. " 4

hor ,oppfidenge himsolf, his steps
son's tind “one: other’, nogro.
The'g pearoerer.: gtva....... the
namd@iyot's all, the partfos . to
the'vorlhie “ald Bhoriff eens .Proe
ecoutib® : , ttornoy.’ will ‘doubtlosy, |
hard. oenwals bohina tho bars
‘Ip 6 eet TO aS acigalgy relay hy
a) Titdg White | woman wae “a cone
eublagof Plétoes.: .Attor the mure.
dorer€ had mada a confession diate
ing thst hs know he wae about’ to
yaa 1h td eternity that ho desorvedto
6 puslshed, ho bado all good byo,
The. Higok: cap wag adjusted, hin
handPiud” feos tlod, the Sherif
sptumg the trap and {foe boly _foll
eovodal: font, breiking’ his naok,
ThorgWas no ‘struggling or contore
tlonvseiltes (was; extinot | three
miouyeg pnfter:'thé fall.’,; The bo ty,
was tul/down iq: filtoot’ minutas.
‘Dr ford was attending phys

4anvounced death. Ge Ss

zthe

Te ag?

ony OF THR ORB.

Afs Sialth wae oanvicted . of
ot Parmer B,D.) Pierce

‘

oontgates:,,%Thé. :murieror ‘and
robber wil able ta mako hia ‘oe
oape without being evon, as the
sorvant.girl: employed by Pleroo
had gone, out. to. ralso un alarm
after dlacovering him dead. °

“The resoipe was mido by the
back’ way, ani, on. reaching tho

the gua with which he hal com-
mitted: the dosed. The gun Was &
good olow,. It was known that ft
had been In the possession of "Old
Bi {Amich, ‘for beiode d amployed
by HiPce ns fw farm: hand, and it
eeagichewn that he had como down
on thd) train to tho Plorce place
your morning’: of tho murder.
Bovamlz-artoss' wora: made, Ine

cluding ‘the servant girl, Moatllds
‘Cates, Smith was eoatone! for, bus
{t wae two of throo days bofore the
oMoere diacovorod him, and thon
thay, found him aycroto | In a hol-
low log, ‘Ho waa brougit to Cine
den and lodgod In jill, and was at
once Indlotea for murdor by tho
Grand Jury, thon in sasslon, Ifo
sccured: a continuines tll the
apringi: term of = tho Ouachita
Court, whoro ho was triol nnd
conviote}... as indloved. Tae
ovidenco, | thougs = clroumatane
tinl,:¢wae woll = Inked anil
was Qonoluslye to the mints of the
jury.s Tho jury was out only na fow
minutes. Od Bill would nover ad-
mit ‘more than that he was at
Pleros’s the morning of the murdor.
Ilo sald a whito min fired tne shot
and robbed tho safe, and thore wis
another negro with him. But ble
toatimony was eo oonfliating aa‘! so
gontrary to all tha olroumstances
that it had no welght atall, Krom
the time hae wae sentenost untill
hanged he has. never showed tha
slightest concern, : Smith was bos
twren 40 and 59 years old, coppor
colored and small in s:ature. ,

He waa jtwice “resplied by the
Governor anda mrong effort was
made to }iave hia doath sentence

commuted to life imprisonment.

; Smith mado an fall contossion of

hid erimeiathe Camden jill last
wook. Byertt iY + -t

ARK AASAS (save tTE
[oo ,
t+.% (89S

welt November |
Fot ast tye se) locos “wae. -ahot
dowd la:hig bard early,’one morn
1 Inkwhila out foeding his stook.Thoro
4 was no witnossos, “lile, house , was
‘| then entered anid a trunk: and‘ tron
sate brokon Into and rifled of tholr |

woods) the murderer throw away’

SNELL, Richard Wayne, white, 64, lethal injection, AR (Miller) April 19, 1995

White Supremacist Put To Death

AP 19 Apr 95 22:43 EDT V0330

The information contained in this news report may not be published,

broadcast or otherwise distributed without the prior written authority
of the Associated Press.

VARNER, Ark. (AP) -- A white supremacist was executed Wednesday
night by injection for killing a Jewish pawn shop owner in a 1983
robbery.

Richard Wayne Snell, who also had been sentenced to life for killing
a black state trooper, died at 9:16 p.m. at the state prison near
Varner, about 60 miles from Little Rock.

He was denied last-minute stays by the 8th Circuit Court of Appeals
in St. Louis and the U.S. Supreme Court.

Prosecutors said Snell, 64, was a member of a white supremacist
group called The Covenant, the Sword and the Arm of the Lord and that
members of his circle were involved in domestic terrorism intended to
provoke civil unrest.

Fellow white supremacist James Ellison testified that Snell admitted
killing pawn shop owner William Stumpp in Texarkana in November 1983.
“He said that he was an evil man, he was a Jew, and that he just
needed to die," said Ellison, who was once leader of the supremacist

group. .

In June 1984, Snell also shot and killed Trooper Louis Bryant after
the officer stopped his van.

In seeking a stay, Snell’s lawyer, Jeff Rosenzweig, argued that
prosecutors wrongly told jurors that a government witness was facing 30
years in prison for crimes related to Snell’s. The man faced only 20
years, was sentenced to 12 and served less than five, Rosenzweig said.

"The state artificially enhanced his credibility by saying he was
going to do more time,“ Rosenzweig said.

State police were on heightened alert because of Snell’s ties to
extremist groups.

Those groups called Snell an "American patriot" and tried to draw
parallels between Snell’s April 19 execution date and the start of the
Revolutionary War in 1775 and the 1993 burning of the Branch Davidian
complex at Waco, Texas.

Snell was the 16th person executed in the United States this year
and the 273rd since 1976. The Muse, Okla., man was the 10th person
executed in Arkansas since 1976.

rr eee

White Supremacist Put To Death
AP 19 Apr 95 22:57 EDT V0333
Copyright 1995 The Associated Press. All rights reserved.

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written authority
of the Associated Press.

VARNER, Ark. (AP) -- A white supremacist condemned to death for
Killing a Jewish pawn shop owner during a robbery went to his death by
injection Wednesday night threatening the governor and saying he was at
peace.

Richard Wayne Snell was pronounced dead at 9:16 p.m., six minutes
after prison officials began the flow of lethal drugs into his veins.
Snell, who was also sentenced to life for killing a black state
trooper, was executed at the state prison near Varner, about 60 miles
from Little Rock.

"Governor Tucker, look over your shoulder, justice is on the way. I
wouldn’t trade places with you or any of your political cronies. Hell
has victory. I am at peace," were Snell’s last words, said prison
spokesman Alan Ables.

Snell began his final statement by saying: "Well, I had a lot to
say, but you have me at an inconvenience."

He was executed after the 8th Circuit Court of Appeals in St. Louis
and the U.S. Supreme Court denied last-minute requests for stays.

group.

In June 1984, Snell also shot and killed Trooper Louis Bryant after
the officer stopped his van.

"The state artificially enhanced his credibility by saying he was
going to do more time," Rosenzweig said.

State police were on heightened alert because of Snell’s ties to
extremist groups.

Snell was the 16th person executed in-the United States this year
and the 273rd since 1976. The Muse, Okla., man was the 10th person
executed in Arkansas since 1976.

just a few yards down the street.

Moving swiftly. the two detectives
had Delancy in the police car almost
before he realized what was happening.
By the time they had reached police
headquarters, however, the man _ had
recovered his aplomb. He glared back
defiantly at the circle of questioners in
the detective bureau and angrily denied
the theft of the pistol.

“Sure, | worked for the guy,” he
sneered. “But that don’t spell anything.
You guys know the racket I used to be
in.”

“We thought you might have chang-
ed it to blackmail,” Fink said coldly.
He spread the pictures and the news-
paper clipping on the table and watch-
ed Delancy’s eyes cloud with a_be-
wildered expression.

“I never saw those things before in
my life!” he cried. ‘‘What’s all this
about? What’s the real rap?”

“Murder!” Fink snapped.

Delancy shrank back in his chair,
his face a picture of abject terror. “I
never had nothin’ to do with murder!”
he insisted. And just as emphatically,
he denied that he had worked for the
Lorimer Andersons or had any connec-
tion with the family.

Just then Lieutenant Kerr burst ex-
citedly into the office with the killer’s
jacket in his hands.

“Look!” he exclaimed jubilantly.
Turning the right shoulder inside out,
he pointed to the name, R. L. Smith,
dimly pencilled just below the seam.
“We missed that the first time over.”

The officers stared at the crude print-
ing, then at each other.

“The husband Mrs. Barner sent to
prison tor bigamy!” Biggs exploded.

Fink hurried in to consult Barner. A
tew moments later, he was putting
through a long distance call to the Texas
Mrs. Barner’s mother telephoned an
State Penitentiary.

“With good time, Smith could have
been out of prison weeks ago, if Bar-
ner’s right on the sentence date!” he
explained to the others as he waited
for the connection.

A prison clerk at Huntsville confirm-
ed the guess. Robert L. Smith, the man
reported, had been released on March
9th. Fink asked that fingerprints and
photos of the man be sent immediately
by air mail. Dropping the telephone
back to its cradle, the detective chief
swung around.

“Smith must be the man who mur-
dered Mrs. Barner!" he said.

The investigators whom District At-
torney Dunaway had sent to interview
ominous supplement to the story. Be-
fore leaving prison, they reported, Smith
had learned that Sallie had gone to Little
Rock. Once out, he had followed her
and had apparently pried her name and
new address from unsuspecting __rel-
utives.

The ex-convict had revealed his true
purpose later. Letters to Mrs. Barner’s
mother, which had been merely resent-
ful at first, took on a sinister tinge of

_ hatred. Woven into the fabric of facts

which the officers were completing, they
left no doubt that Smith had plotted his
crime carefully.

Marshal C. S. Garner of Jacksonville
was mulling over the description of
Robert L. Smith when he remembered
reports that a mysterious man had been
sleeping in a barn on the outskirts of
the nearby village of Cabot for the
past four nights. Mrs. Barner’s mother,
he remembered, lived only a few miles
from Cabot. There was a chance that
the stranger was Smith.

The marshal’s telephone rany just as
he determined to investigate. An ac-
quaintance was on the line, reporting
that a strange man had been wandering
about Jacksonville’s small business dis-
trict since sunrise, acting in a suspici-
ous manner.

“Anything striking about his appear-
ance?” Garner quizzed.

“He seems to have a withered right
arm.”

Within a matter of minutes, Garner
was downtown. He had just parked
his car on the main street when he saw
the man a few yards ahead, turning off
the sidewalk between two buildings.
Leaping from his car, Garner raced
around the nearest building and con-
fronted the suspect as he emerged.
There could be no doubt as to the
man’s identity.

“You’re Smith.”

The other man seemed fo wilt as he
nodded. “Yeah,” he admitted. ‘Let’s
go. I haven't got any gun.” .

Taking the fugitive in his car, Gar-
ner raced for Little Rock and the of-
fice of Prosecuting Attorney Dunaway.

Smith needed little more than. a
chance to talk. The swiftness and com-
pleteness of the net that had been drawn
around him had broken his spirit. He
seerned to believe that his otly hope
lay in telling his story and making it
stick,

Confessing that he had murdered
Mrs. Barner, Robert Smith admitted
also that he had been the man who
stole the death pistol from the Little
Rock home. He denied, however, that
he had killed his former wife in revenge
for the bigamy prosecution.

—“ Tgave her $500 to keep for me
when I went to prison,” he declared.
“That and a box with my Bible and
belt and a few things like that.”

_ So that was the explanation, Fink
realized, of the parcel found in the
victim’s locker.

Smith went on to say that he had
heard of Mrs. Barner’s third marriage
while in prison and had subscribed to
a Little Rock newspaper hoping to keep
some track of her through its columns.

“Then [ saw where she’d got married
again, and | tore out the picture and
carried it,” he said.

“You mean this?”
spreading the clipping.

“That’s the one,”
grimly.

Told that the picture was of Mrs.

Fink demanded

Smith affirmed

Anderson, and not of his former wife,
he almost refused to believe it. “That
sure looks like Sallie Mae,” he insisted
doggedly.

“Well, it’s not,” Dunaway cut in im-
patiently. “Tet’s hear this story of
the $500.” =

Smith bowed his head and swallow-
ed. “After I found out where Sallie
Mae lived,” he continued, “I phoned
her to meet me and give me the money.
She met me, last Friday at Second
and Main in North Little Rock. But
she told me she didn’t have the money.
She’d spent it. I told her to get it,
then.”

Receiving no further word from Mrs.
Barner, Smith admitted that he had
canvassed.the area around the hospital,
trying to trace her and learn of her
movements, and that he had finally
cornered her on Wednesday morning.
That time, he said, he carried the stolen
pistol in the waistband of his trousers.
But he insisted that he had only intend-
ed to frighten his victim.

“She threatened to have the law on
me,” Smith protested bitterly. “She
told me she’d sent me up before and
she’d do it again, if I didn’t leave her
alone. Then [ just lost my head and
shot her. It seemed like I couldn't stop
pulling that trigger.

“[ wasn’t going to let her double-
cross me again.”

After the shooting, he said, he had
made his way to the Missouri Pacific
railroad station across town and had
hopped a freight train, only to find his
ride ended in the North Little Rock
yards. Then, fearing to chance the
highway, he had walked the tracks to
Jacksonville.

The officials put little faith in Rob-
ert Smith’s story of the $500. His let-
ters, both to Mrs. Barner and her mo-
ther, had disclosed that revenge was
his true motive. The stolen pistol and
the fact that he had Yurked near Little
Rock for several days before the crime
added to the officers’ conviction.

A jury in Pulaski County District
Court took the same view when Robert
L. Smith was tried before Judge Gus
Fulk. On May 23, 1949, it found
Smith guilty and sentenced him to
death in the electric chair. He was
finally electrocuted on April 24, 1950.

Editor's Note: The names, Bo Delancy,
Mr. and Mrs. Roy A. Weems, Ted
Barnum, and Mrs. Lorimer Anderson,
as ysed in this story, are fictitious to
spare embarrassment to persons inno-
cently involved in this investigation.

AUTHENTIC DETECTIVE

Reported the Willie Sutton case at
the time of his capturd. Read all
current crime cases by getting your

copy at your local news dealer.

ectatne

zrejects 3
: death row
z appeals

<x The Associated Press

~' The US. Supreme Court on
™! Monday turned down, without
“i comment, the appeals of Arkan-
=i sas death row inmates Barry Lee
&/ Fairchild, Richard Wayne Snel]
5j/ and Charles Laverne Singleton.
=| Of the three inmates, Snel] is
Closest to execution, according
to Olan Reeves, senior assistant
attorney general. “This is it for
him,” Reeves said.

Reeves said that as SOon as the
Attorney General’s Office re
celves paperwork from Mon-
day’s Supreme Court rulings, the
office will ask Goy. Jim Guy
Tucker to set an execution date.

Reeves said Singleton still has

sentenced to die in 1985 by a
Miller County Circuit Court
jury. He had received the death
sentence for the Nov. 3, 1983,
Slaying of William Stumpp, a
Texarkana Pawnbroker. He also
ls Serving a life sentence for the
| 1984 Slaying of Arkansas State
| Trooper Louis P. Bryant of De
Queen.

| Snell is a Self-styled SUurviva-

| list, SyMpathetic to Militant
white supremacist groups.

t . 3S January, a three-judge pan-
el of the Eighth US. Circuit
Court of Appeals at St. Louis

5
©
8
©
OQ
fe)
e
A
a
J
©

A
a
5

ty
9

| Child’s appeal. Which was based
OD 4 1993 state law that prohibits
executions of Mentally retarded
people. The court Said Fairchild
had broughr up the same issue
IN a stay of execution request
Prior to his Scheduled execunion
last September.

| Singleton, 35. was condemned

in 1979 in Ashley County Circuit

' York. Singleton was Scheduled

| todiein July 1993, but his execy.
uon was Stayed by a federaj
judge.

3 DE QU P— St

in state troo er’s death: Sen- |

3 tencing arguments are today |

“| gor Richard Wayne Snell, 55, % eN

convicted of capital murder by SS
deliberated 55 min- >f

utes. He W
shooting Lou
during a traffi
avec

is Perry Bryant
Cc stop, J une 30.

——

pies / ) [- 8 Eps:

“SRE } i pa
cutee are — Self-defense.
Civic in killing of trooper:
Snell Mes Richard Wayine’
state ee that he pala =
‘aen Je ooper Louis Perry B ae:
fear OF beh Soe of Sneli's
Scrapes with police. . ‘ues

USA TODAY

White Supremacist Put To Death
AP 20 Apr 95 12:46 EDT V0577
Copyright 1995 The Associated Press. All rights reserved.

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written authority
of the Associated Press.

VARNER, Ark. (AP) ~- A white supremacist threatened the governor and
then declared himself at peace moments before being put to death for
killing a pawn shop operator.

“Hell has victory. I am at peace,“ Richard Wayne Snell said before
his execution by injection Wednesday night at the state prison near
Varner, about 60 miles southeast of Little Rock.

Snell, who was also sentenced to life for killing a black state
trooper, was pronounced dead at 9:16 p.m., six minutes after the lethal
drugs flowed into his body as he lay strapped to a gurney.

In his final statement, Snell said: “Well, I had a lot to say, but
you have me at an inconvenience. My mind is blurred, but I’m going to
say a couple of words.

"Gov. (Jim Guy) Tucker, look over your shoulder, justice is on the
way. I wouldn ’ t trade places with you or any of your political
cronies.

The U.S. Supreme Court denied a final request for a stay.

Fellow white supremacist James Ellison testified that Snell admitted
killing pawn shop owner William Stumpp in Texarkana in November 1983.

“He said that he (Stumpp) was an evil man, he was a Jew, and that he
just needed to die," said Ellison, who was once leader of the
supremacist group.

Stumpp was Episcopalian, not Jewish.

In June 1984, Snell also shot and killed Trooper Louis Bryant after
the officer stopped his van.

"The state artificially enhanced his credibility by saying he was
going to do more time," Rosenzweig said.

In his final weeks, the NAACP’s Legal Defense Fund helped find Snell
more lawyers to work on his appeals.

Snell was the 16th person executed in the United States this year
and the 273rd since the Supreme Court allowed states to restore the
death penalty in 1976. The Muse, Okla., man was the 10th person
executed in Arkansas since 1976.

. fs Sie ‘ ‘|
=~f1i0) 7 We. O i Q,

EXECUTION: Arkansas execut-
ed white supremacist Richard
Snell, 64, of Muse, Okla., by in-
jection for the 1983 murder of
Texarkana pawn shop operator |,
William Stumpp, whom Snell |
called “a Jew (who) just needed
to die.” Snell also killed black
State trooper Louis Bryant in a
1984 shootout. Snell’s last words
included threats against Gov. |.
Jim Guy Tucker to “look over: AP
| your shoulder, justice is on the’ SNELL: White su- |
‘ Way.... Hell has victory.[amat premacist executed
peace.” State police had been “
placed on alert because of Snell’s ties to extremist
groups who called him an “American patriot” and tried
to draw parallels between his execution on the 220th an-
niversary of the start of the Revolutionary War in 1775
and the second annivarsary of the burning of the Branch
Davidian cult complex at Waco, Texas.

6A - THURSDAY, APRIL 20, 1995 - USA TODAY
it TRA

Biclienee

Snell executed at Cummins;

last words lash

Democrat-Gazette State ve AO

VARNER — Convicted mur-
derer Richard Wayne Snell, 64,
of Muse, Okla., was executed
Wednesday night at Cummins
Unit in Lincoln County despite
some last-minute legal maneu-

‘vers.

He was pronounced dead at

9:16, six minutes after being in-

jected with a lethal drug.

Snell’s last words were defi-
ant ones: “Governor Tucker,
look over your shoulder. J ustice
is on the way. I wouldn’t trade
places with you or any of your
political cronies. Hell has vic-
tory. I am at peace.”

Prison spokesman - Allan
Ables said the execution pro-
ceeded smoothly. :

Snell was convicted of the
1983 shooting death of Texar-
kana pawn shop owner William

— —_—a- . a «

at governor ~

hs et eae
Stumpp, 36, during a robbery:«
Police found Stumpp bound:
and shot in the head. Sgt
Snell had also been serving
a life sentence for the 1984
Shooting death of an Arkansas
state trooper in Little . River-
County. | Ry ae
Snell’s attorney, Jeff Rosen-
zweig of Little Rock, tried to get
a stay of execution Wednesday
after the U-S. Supreme Court
handed down a ruling in a
Louisiana case that Rosenzweig
Said was similar to Snell’s. But
U.S. District Judge’ Susan Web-
ber Wright, the U.S. 8th Circuit

. Court of Appeals in St. Louis

and the U.S. Supreme Court re-
jected Rosenzweig’s appeals.
‘The execution was the 10th in
Arkansas since 1990 and the
first since Aug. 3, 1994, when
three men were put to death.

aii

Snell sends

last words before death :

+ _By JIM HARRIS he
‘' Of the Gazette Staff 4{26] 43. *
» VARNER, Ark.—In his “final,
’ words before his execution Wednes- -
day night, Richard Wayne Snell

gave Gov. Jim Guy Tucker a warn-.

- ing.’ : matey ahs
- me ., Before the exe-
e 4 cution began,

Snell was asked if
| he had anything
H to say.

The double mur-
derer said his
mind was blurred,
but he had a few
things to say.

“Mr. Tucker,
look over your

shoulder. Justice is on the way,”
Snell said. “I wouldn’t trade places
with you or any of your liberal
cronies.”

Then his final words were: “Hell
has victory. I am at peace.”

At 9:10 p.m. Wednesday prison
officials administered the lethal
injection to Snell.

, ; Snell, who was in restraints, :

threatin — °

Mi Related story.«irnime so 9A
appeared to try and cough and then.
remained still. © ‘ores 4
His face turned pale and then gray: ‘
before he was declared dead at 9:16:
p.m. eevee =.
Tucker had turned down Snell’s .
request for clemency.
The execution took place after
last-minute appeals to U.S, District
Judge Susan Webber Wright in Lit-
tle Rock, the U.S. 8th Circuit Court .
of Appeals in St. Louis, and the U.S.
Supreme Court were rejected
Wednesday.
Jeff Rosenzweig of Little Rock, one
of Snell’s three attorneys, said
Wednesday night the appeal was
made on a U.S. Supreme Court rul-
ing that was released Wednesday.
Rosenzweig said Snell’s defense
team contended the part of that rul-
ing in the Kyles vs. Whitley case
involved prosecutor misconduct
applied to the Snell case. All three
courts rejected that argument.
: Please see SNELL on Page 9A

METRO/REGION 9A

TEXARKANA GAZETTE THURSDAY, APRIL 20, 1995
ty Circuit Court and sentenced

Snell was driving, police discov-

“*° Snell later said Stumpp was a

Snell—

Continued from Page 1A

’ William ‘“Bill”. Stumpp of
Texarkana was murdered Nov. .
11, 1983, during a robbery of his
pawn shop on State. Line«
Avenue: eee

Jew who deserved to die.

“ Stumpp was a Texarkana,
Texas, police officer during the

1970s before going into the
pawn shop business. Stumpp’s
former colleagues said he was
Episcopalian and went to St.
Mary’s Church in Texarkana.

Snell also was convicted of the
capital murder of Arkansas
State Trooper Louis Bryant.

Bryant was gunned down by
Snell on June 30, 1984, after
making a routine traffic stop
near the Cossatot River bridge
on U.S. Highway 71 just east of
De Queen, Ark.

After shooting Bryant, Snell
crossed into Oklahoma where he

_ was stopped by Oklahoma law

enforcement officers. In a gun
battle with Oklahoma police,
Snell was wounded five times.

During a search of the van

ered a .22-caliber pistol that was
later determined to be the
weapon that killed Stumpp.

Snell recovered from those
wounds. He was convicted of
Bryant’s murder in Sevier Coun-

to life in prison without parole.

Snell was convicted in Miller
County Circuit Court of the cap-
ital murder of Stumpp. He was
sentenced to death in that case.

The Dallas Morning Nels

Wednesday, May 17, 1995

Public executions urged

after killer put to death

Associated Press

ANGOLA, La. — Thomas Lee
Ward left a trail of murder, child
abuse and other crimes behind him
when he walked quietly to the
death chamber Tuesday morning.

He also left the governor and the
- warden who oversaw the lethal in-
jection calling for public execu-
tions.

“If you are going to use the death

penalty as deterrent to crime, then
a case can be made — is made — for
public executions,” Gov. Edwin Ed-
wards said Tuesday.

“It is the horrible impact of the
state taking a life.that ought to be
televised and photographed to the
public so they will see the conse-
quences. These secret, almost un-
publicized executions putting peo-
ple to sleep do not deter crime.”

Mr. Ward, 59, was executed for
the June 23, 1983, murder of Wilbert
John Spencer. He shot Mr. Spencer,
then pumped five bullets into Mr.
Spencer’s wife, Lydia Spencer, as
she tried to run away.

“As for people like this fellow
walking up to a person and saying,
‘Sorry, John, I’ve got to kill you,’
and shooting him and shooting his
wife five times — I don’t think the
death penalty made any difference
to him,” Mr. Edwards said.

In the early 1970s, Mr. Ward
lived with Ms. Spencer.

Sid Moreland, the witness for Mr.
Edwards, said the governor had re-
searched Mr. Ward’s record, which
included 19 felony convictions. In
addition, Mr. Ward blinded a son by
beating him with a belt, he said.

Mr. Edwards opposes the death
penalty. He echoed the sentiments

of Warden Burl Cain, who said after

‘overseeing his first execution that
they should be televised if the
death penalty is to be an effective
deterrent.

“I went and ate a dish of ice
cream with him, and he couldn’t
even finish it,” Mr. Cain said. “You
see him sitting there, wiping tears
from his eyes and waiting and you
understand what the death penalty
really means.

“The punishment isn’t the death
penalty itself. The trip down that
hall and getting up on the gurney,
when those straps start to go
around you, that’s when you know
what the punishment is.”

Mr. Cain altered the pre-execu-
tion routine, leaving the curtains to
the death chamber open so witness-
es could see Mr. Ward, surrounded
by six burly guards, as he shuffled
toward the gurney, shackles clank-
ing on his legs and arms.

“You don’t ever want to walk the
path that man walked tonight,” Mr.
Cain said.

Mr. Ward had nine reprieves and

_spent almost 11 years on death row.

A flurry of appeals failed Mon-
day. The State Pardon Board reject-
ed his plea for commutation 3-2, and
he was turned down twice by the
Sth U.S. Circuit Court of Appeals
and the U.S. Supreme Court.

In a written statement, Mr. Ward
said he was at peace and felt re:
morse for his deeds. ;

“I hope that young people today
will learn that violence is not the
answer,” his statement said. “I hope
that the legal system learns that
lesson too. The death penalty is not
a solution.”

‘Execution —

‘At Prison’
sles

... Though there were enough state
“troopers and. prison guards
“manning © blockades : at’ Richard
-sSnell’s execution to fight a small
“Swar, none of. the white
- supremacists rumored to protest
Snell’s execution showed up.

Snell, 62, a white supremacist
convicted of killing a Texarkana
pawn broker in 1983 and a black

_ State trooper in 1984, was given a
lethal injection at 9:10 p.m. and

By Rudolph Bischof

OF ie COMMERCIAL STAFF

was pronounced dead: at 9: ae p.m.

Wednesday.

Rumors shocaded among “the

media at Cummins Unit that a
contingent of white supremacists
was going to show up and protest
about an hour before Snell’s exe-
cution.

However, only three vehicles
passed the first blockade during
Snell’s last hour: State troopers
passed a long black hearse
through without making it slow

Aacawn.

Richard Wayne Snell

pany logo of Riddle’s Paint and
Dry Wall was stopped. Like
everyone else, the two truck
occupants were frisked and the
truck was searched for weapons.
When none was found, the truck
was waved to a nearby spot des-
ignated for protesters.

Asked if they planned to pro-
test, one said they were merely
curious and then both declined
further comment.

The third vehicle was a van
driven by the Rev. John Millar of
Oklahoma, son of Snell’s spiritual
advisor, the Rev. Robert Millar.

“See PROTEST on Page 3A

looked good,” Millar said.

Most of Snell’s time in prison ¥ i
was spent in solitary confinement, ..:
Millar said. Solitary confinement :
agreed with Snell because ‘the’ wit ~
r described §
former Nazarene minister used.” who would’ “name: mee =

the time to study scripture and' * scripture. and give it a completely —

think about spiritual things. _ oe. diff
Though Snell “backslid” from gee see than it had to

religion after his incarceration, «“
Millar said Snell began thinking : ie He likes to provoke your mind F-

. deeply about spiritual things re-)* d your thought pattern. . He’ll

7 say the Messiah will ‘return with
— cently and often wrote questions 1,000 saints. Then he’ll argue that
-.+{. It means the Messiah will return in

~~~. 1,000 saints,” Millar, who began
: Speaking of Snell in the past tense

s about 9 p.m., said. He was a
« deep thinker.”

.and a group studying at Bethel °
Christian Church - ‘in Muldrow, '

Oklahoma (near Fort Smith);

** " Millar said his father was inside
i "the death chamber with Snell and
“ithe! Younger | ‘Millar’ was supposed
to meet with some of Snell’s fam-

ily but could not find them.’ .
Both Millars visited Snell. about
a month ago and he seemed in

good spirits, Millar said.

“He seemed chipper and “he |

.:
‘ng

wee

| In Arkansas |

-| killing a’ Jewish businessman and a

| Snell: was quoted as saying by wit-.:

| ‘trade places with you or:any of your

+s Mr: Snell: was convicted of the 1984:,

| for a-traffic violation, ©. *

" fore:the’ Arkansas: clemency: board,;"

| Supremacist

Is Executed

By The New York Times
VARNER, Ark., April 20 — Rich-
ard Wayne Snell, a white suprema-
‘cist. who expressed ‘no remorse for

‘black police officer, was put to death
by lethal injection on Wednesday
night, but. not before delivering a
threat to Gov: Jim Guy Tucker, who
declined to block his execution.
‘. “Governor Tucker, look over your. -
‘shoulder ; ‘justice: is coming,’ Mr.

nesses: to-his execution. ‘I wouldn’t :

cronies. Hell has victories; I am at!
peace: >." te iy Bo Br oer va

: Mr. Snell, 64, was pronounced dead -
at 9:16 P.M: by the Lincoln :County ;:
coroner.) sc) Ce es 3

murder of a:-Texarkana; Ark., pawn-
broker, William ‘Stumpp, ‘during a-
robbery and of the 1985 killing of an’:
Arkansas state: trooper, Louis: Bry-

ant; who had stopped Mr. Snell’s car.

Bmewy

"Mr: Snell appeared: last. week be-':

but quoted ‘ Hitler’s: deputy,’ Rudolf,

Hess, and: demanded to! be -either:
executed or set free: He also'said he’:
would «:‘‘probably’’.. shoot Trooper

‘Bryant again’ “‘under' the:same. cir-»

cumstances.””.«. The:?\:six-member

‘board responded by recommending.

unanirhously:that Governor ‘Tucker
not reduce Mr: Snell’s: sentence. Mr.
Tucker followed the panel’s: advice.
‘Arkansas authorities said. Mr.
Snelkhad maintained his ties to radi--
cal-right organizations during the 10.
years he ‘awaited execution on death
row.-In the days immediately pre-:
ceeding Mr. Snell’s:death, fliers pro-
claiming ‘his innocence and accusing ,,
President Clinton and Mr. Tucker of

n
Pai

Last-minute appeals by Mr.
Snell’s lawyers were refused. A win-
dow of opportunity appeared to open
earlier on Wednesday when the Unit-

4 ed States Supreme Court ruled, in
' Kyles v. Whitley, that misstatements —

by district attorneys to juries re-
garding prosecution witnesses were

‘Mr. Snell’s lead lawyer, Jeff Rosen-
zweig of Little Rock, had long argued

| that Arkansas. prosecutors: “artifi-. -

‘cially enhanced the credibility” of
tthe principal witness against his cli-
‘ent by overstating the time the wit-
ness, an accomplice to the killing of
Mr. Stumpp, would serve. under a
plea bargain.

- But Judge Susan Weber Wright of
Federal District Court in Little Rock -

refused to stay the execution, and a.

| panel of the Eighth United States

Circuit Court of Appeals agreed that

“New York office of the American

} Civil Liberties: Union. 2 oe
In the late 1980’s Mr. Snell:and —

several co-defendants were tried for

‘| sedition in Fort’ Smith, Ark. .The.

charges stemmed from their associ-
ation with the Covenant, the. Sword

} and the Arm of the Lord, a paramili- .
|| tary organization that. had. head-

quarters in the north Arkansas hill .
-country. Mr. Snell had already been ,

convicted of the Stumpp and Bryant

| murders and had been. sentenced to
death. All the defendants, Mr. Snell |

included, were acquitted.

‘dawn. aah aed

grounds for review. By coincidence, -

“Snell’s reliance on Kyles is mis- .
| placed.” - ; tiny
|: Associate Justice Clarence Thom- :.
| as, acting for the Supreme Court, »
| declined to:hear a further appeal.
«Mr, Snell had asked that.no ap- :
| peals be undertaken..unless Kyles .;
was decided, so we would have been ::
derelict. had we not attempted to.
obtain a stay,” said Mr. Rosenzweig, y
who was assisted by William Curri-
er, an associate -in the Manhattan’
| 1aw firm of Case and White, and Beth .;
+ Haroules, a staff lawyer with the. .

While insisting they had:taken no.
extraordinary precautions against. .
possible efforts to interfere with the —

execution, the police were visible at... .
the Cummins Unit-of the Arkansas...
| prison system. Mr... Snell. was: taken’),
'|:.to the execution site here on Monday
| by National Guard helicopter before;
‘treason and other crimes began cir-.; |} i, da. “off sad is hah
‘culating in the state. faut {

ee lll ee

YUANINVXG ODJSIONVUA NVS

DEADLY DEATH ROW: charles Street and Edwin Ka-
prat III, on Florida’s death row, were stabbed to death
Wednesday in the Starke prison recreation yard. Street, 41,
killed two police officers in 1990 after early release in 1988
because of crowded prisons. Kaprat 30, was convicted this
year of killing two elderly women. Authorities say two fel-

low death-row inmates are suspected of the prison slayings.

8A + FRIDAY, APRIL 21, 1995 - USA TODAY
ERE

ARKANSAS

LITTLE ROCK — Gov. Tucker’s deci-
sion to cancel his public schedule had
nothing to do with threats by Richard
Wayne Snell before his execution, an
aide said. Tucker’s daughter, Anna, 18,
suffered complications from jaw surgery.

Arkansas killer
goes to his death

VARNER, ARK. Saying he was at peace
and threatening the governor, a white

supremacist condemned to death for

killing a Jewish pawnshop owner during
a robbery went to his death by injection.

Richard Wayne Snell was pro-
nounced dead at 9:16 p.m., Wednesday
night, six minutes after prison officials
began the flow of lethal drugs into his
veins. Snell; who was also sentenced to
life for killing a black state trooper, was
executed at the state prison near Varner,
about 60 miles of Little Rock.

Compiled from Examiner wire reports —

” Thursday, April 20, 1995 ¥

Arkansas executes killer

VARNER, Ark. — A white su-
premacist condemned to death
for killing a pawnshop owner
during a robbery went to his
death by injection Wednesday
night threatening the governor
and saying he was at peace.

Richard Wayne Snell was pro-
nounced dead at 9:16 p.m. CDT,
six minutes after prison officials
began the flow of lethal drugs in-
to his veins. Snell, who also was
sentenced to life for killing a
state trooper, was executed at

_ the state prison near Varner,

about 60 miles from Little Rock.

The Fresno Bee @ Thursday, April 20, 1995 A9

SNELL v. LOCKHART 1289
Cite as 14 F.3d 1289 (8th Cir. 1994)

Accordingly we affirm the district court’s
application of the sentencing guidelines with
respect to defendant Casares.

{15,16] Osorio finds fault with the dis-
trict court’s application of the federal sen-
tencing guidelines with respect to his case as
well. Specifically, Osorio cites the failure to
accord him “minor role” status with its con-
comitant two-point offense-level reduction.
The decision of a district court as to whether
a defendant played a minor role in a criminal
enterprise is a factual finding which may not
be reversed unless clearly erroneous. Unit-
ed States v. Phillippi, 911 F.2d 149, 151-152
(8th Cir.1990).

Osorio fails to prevail on the clearly erro-
neous standard in this case. He was convict-
ed of conspiracy to transport narcotics. The
district court found that he was a “transport-
er’ because he was arrested while driving
the car in which the drugs were being car-
ried. In this role he was integral to the

- advancement of the purpose of the conspira-

cy. He was sentenced accordingly and we
therefore affirm.

For the reasons indicated, we affirm the
trial court in all respects.

W
{o E xty NUMBER SYSTEM
tT

(E Richard Wayne SNELL, Appellant,

v.
A.L. LOCKHART, Appellee.

Richard Wayne SNELL, Appellee,
. v.
A.L. LOCKHART, Appellant.
Nos. 92-2157, 92-2265.

United States Court of Appeals,
Eighth Circuit.

Submitted Sept. 15, 1993.
Decided Jan. 28, 1994.

Defendant was convicted in the Miller
Circuit Court, Philip B. Purifoy, J., of capital

murder, and he appealed. The Arkansas
Supreme Court, 290 Ark. 503, 721 S.W.2d
628, affirmed. Petitioner sought habeas cor-
pus relief. The United States District Court
for the Eastern District of Arkansas, 791
F.Supp. 1367, denied relief in part and grant-
ed it in part. Appeals were taken. The
Court of Appeals, Henley, Senior Circuit
Judge, held that: (1) pretrial publicity did
not prejudice jury; (2) accomplice’s false tes-
timony did not deny fundamental fairness;
{3) attorneys did not render ineffective assis-
tance; and (4) petitioner validly waived right
to present mitigating evidence.

Affirmed in part, reversed in part, and
remanded with directions to reinstate death
sentence.

1. Criminal Law <134(1)

Thorough media coverage of murder tri-
al was insufficiently inflammatory to require
presumption of prejudice supporting change
of venue; trial took place almost two years
after murder and over nine months after
conclusion of unrelated trial of defendant for
murdering state trooper, articles and broad-
casts were fair, objective, and generally limit-
ed to recitation of established facts, few rele-
vant editorials were released, and media nev-
er represented that guilt was foregone con-
clusion. U.S.C.A. Const.Amends. 6, 14.

2. Criminal Law ¢134(1)

Prejudice supporting change of venue
may be presumed from pretrial publicity
when pretrial publicity is sufficiently prejudi-
cial and inflammatory and prejudicial pretrial
publicity saturates community where trials
are held.

3. Criminal Law ¢134(1)

Presumption of prejudice from pretrial
publicity is rarely applicable and is reserved
for extreme situations for change of venue.

4. Criminal Law <126(1)

Pretrial publicity did not prejudice jury
against defendant and did not require change

ape
Peet TS
‘ sty

Bich

SNELL v. LOCKHART 1291
Cite as 14 F.3d 1289 (8th Cir. 1994)

nization was harmless and, therefore, did not
violate due process in capital murder prose-
cution; evidence of guilt was sufficient since
accomplice testified that he helped defendant
rob pawnshop and that defendant admitted
shooting owner, murder weapon was found in
defendant’s possession, organization’s mem-
bers testified that defendant brought large
amount of jewelry to organization’s com-
pound, and further testimony tied defendant
to watch fob left on scales in pawnshop.
US.C.A. Const.Amends. 5, 14.

15. Criminal Law ¢641.13(2.1)
Attorneys did not prejudice defendant in
capital murder prosecution and, therefore,
did not render ineffective assistance by fail-
ing to object to prosecutor's guilt phase clos-

ing argument expressing opinion concerning -

white supremacist organization and lifestyles
of its members, attributing their lifestyle to
defendant though he was never member, and
contrasting this with lifestyle of victim; ac-
complice testified that he helped defendant
rob pawnshop and that defendant admitted
shooting victim, murder weapon was found in
defendant’s possession, testimony tied defen-
dant to watch fob left on scales in pawnshop,
and evidence was thus overwhelming.
US.C.A. Const.Amend. 6.

16. Criminal Law ¢=641.13(7)

Attorneys engaged in reasonable trial
strategy and, therefore, did not render inef-
fective assistance by agreeing to judge’s in-
struction to deliberating jury that life with-
out parole meant incarceration for life or
until commutation; counsel could have rea-
sonably believed that jury would probably
impose death, rather than imprisonment, if
they were left uninformed as to likelihood
that defendant would ever be free. U.S.C.A.
Const.Amend. 6.

17. Homicide €=358(1)

Defendant knowingly, voluntarily, and
intelligently waived right to present mitigat-
ing evidence at penalty phase of capital mur-
der prosecution; defendant steadfastly re-
fused to present mitigating evidence because
he wanted to spare family and friends from

1. The Honorable Bruce M. Van Sickle, United
States Senior District Judge for the District of

trauma of such proceedings, had gone
through previous capital murder trial, and
had mental acuity demonstrated by partic-
ipation as cocounsel. A.C.A. § 54-602.

18. Criminal Law ¢=641.13(7)

Attorneys did not render deficient per-
formance in preparations when defendant re-
fused to present mitigating evidence in pen-
alty phase of capital murder prosecution;
though attorneys may not have discussed
punishment phase with all possible mitigation
witnesses, they did talk to the most impor-
tant ones. U.S.C.A. Const.Amend. 6.

19. Criminal Law ¢=641.13(7)

Attorneys did not render ineffective as-
sistance by failing to ensure that statutory
mitigating circumstances were listed on ver-
dict form for penalty phase of capital murder
prosecution; no mitigating evidence was pre-
sented since defendant validly waived right
to present it. US.C.A. Const.Amend. 6;
A.C.A. § 5-4-605. |

20. Courts ¢90(2)

Panel of Court of Appeals is not at liber-
ty to overrule established law of the circuit.

——

Jeffrey Rosenzweig, Little Rock, AR, ar-
gued (G. William Currier and Beth Haroules,
New York City, and John J. McAvoy and
Harriet Ann Robinson, Washington, DC, on
the brief), for appellant/cross-appellee.

Jackie W. Gillean, Deputy Atty. Gen., Lit-

tle Rock, AR, argued, for appellee/cross-ap-
pellant.

Before McMILLIAN, Circuit Judge,
HENLEY, Senior Circuit Judge, and
MORRIS SHEPPARD ARNOLD, Circuit
Judge.

HENLEY, Senior Circuit Judge.

Richard Wayne Snell appeals the judg-
ment of the district court ! partially denying
his petition for a writ of habeas corpus. ALL.
Lockhart, the Director of the Arkansas De-
partment of Correction, cross-appeals to the

North Dakota, sitting by designation.

Ss (VY migrt, \

Arkansas Gazette
11/29/89

ANAM ETEY A i

Petition Books,
to_ halt’ death *

1a Serohe te
of Simimons ::: ne
: is Saat partes pret a “4 :
aimeataied Prete 9 Myles Weare gt
-“¢The U.S. : Gunenie Court is to
hear arguments’ in the‘ Ronald
Gene Simmons case on Jan. 10, the
office of Attorney General Steve.
Clark said Monday. ' a al
‘The court has before it a petition
filed by another death row inmate,
Jonas Whitmoré; ‘asking that Sim:.
‘mons’ execution be stopped. 4°".
“The case will be the third heard
‘on Jan.* 10, said James .Lee,. an’
assistant to Clark. +: pariah ts:
Simmons was convicted in May’
1988 of capital murder for the
shooting deaths of two Russellville
residents in December 1987. He’
was sentenced to die and asked to
be executed as'soon 4s possible. *
In the same trial, he was con-
victed of four cqunts of attempted
capital murder and of wrongfully
detaining a womah: = eh pei
In‘a later trial, he was ‘convicted
of a second charge of capital mur-
der for the deaths of 14 relatives,
whose bodies were found at hia
house, including seven in a shallow
grave, after the Russellville slay-.
ings. This verdict also resulted i ina
sentence of death. ;~ ©" :
Simmons was scheduled to die
March 16, but the Supreme Court
issued a stay based on a petition
from Whitmore, who argued that-
there must be an appeals court
‘review of any case which results in:
a death sentence. .
Simmons waived his right to ap-
peal in order to expedite the date of
the execution.

3. The
r hand
igh she
ww. af
iced to
igured,
e¢ reac-
ibotage

it after
rtment.
headed
nd.
Stay
oretend
chought
1ey got

ser, did
y offer.
‘rossers
aanded.
ou out

ut high,
oa fight-
ide and
der his
e floor.
2, so I
ntil she

igh
av. the
ow any

‘e Betty.

~ right
t sleep-
eant—a
ice.

over on
ming to
.38 and
l.. ‘The

it I was
her an-

Then
dinette
oom. I
girl and
did the

minutes
shot of
out.

artment
ow, and
- James
itted. |.
McCabe
without
ved all
$3 apart-
h they’d
e a first

loped in
t of the
McCabe

iaht?”? a?

a couple
1elp you

me this,

aces. A

‘couple of my best performers are

missing,” she admitted. She certainly
sounded as if she were ready to listen
to reason.

“Maybe you'll accept my help,” I
said. “I’m willing to overlook the
way you treated me.”

. “At least we can talk it over,” she .

said.

“Not me,” I told her. “Pm not doing
any more talking. I'll have a friend
of mine come over and see you to-
night.”

FTER all, somebody had to watch
Darcy & James. I nominated Betty
for the job of seeing Gloria McCabe

at her hotel. From.now on, I wanted
to stay on the sidelines. You never
know when people decide to double-
cross ‘you, have witnesses planted or

for sound. I told Betty

. to be guarded in the way she spoke,
to simply offer to find Darcy & James °

for McCabe in return for the privilege

of handling some of the ticket sales. |

Nobody could call that blackmail..
Betty went. out, and I waited for

word: to turn Darcy & James loose. I

figured I’d carry them back to their
apartment to: let them sleep off their
jag, leave things just as I had found
them and disappear.

I waited an hour. No Betty. nal Ba

waited another half an hour. I won-
dered if something had gone wrong.
Then I called Gloria McCabe’s hotel.

A man’s voice answered. I hung up’

without saying hello. It looked as
though Gloria had blown the whistle.
I decided to clear out. The deal:had
blown. sky aca ’

el practically walked into the arms

of the law. They were coming up the
hall. just as I was slipping out the
door. I tried to make a break for it,

but one of the cops ‘brought me down

with a blow on the side of the head
with his sap.
Sap, that’s me. I trusted that blonde,

‘Betty, and the minute they had her

trapped at McCabe’s apartment—
Gloria had called copper and had the
law planted in the next room. while
Betty made our offer—she spilled the
works. Not only that, she testified
against me at my trial on charges of
attempted extortion, so she could get
off with probation.
San Quentin for five years, and that
was one. ducat I couldn’t peddle to
anyone except myself.
THE END

HEADQUARTERS

DETECTIVE

again! And don’t try to follow. me.”

She started to turn away.

“Wait!” He opened his jacket.
‘Look here.” He’ showed: her the
handle of the .38. “Better not try to
run out on me with my money, Sallie
Mae.” |

“You’re. bluffing! I’m not afraid of
you. I’m going to call. the cops.”
Quickly, she turned from him.

Smith grabbed .at her shoulder,

missed. Then he pulled the automatic.
He shot Sallie Mae Barner in the back
five times!

The shots came so rapidly their re-
ports roared almost as one. Bullets
made black holes in her white uni-

form. The woman staggered forward

a few steps, as if driven by an invisible
force.
over the curb.

Mer and women cried out: and came
running. A dozen people: witnessed
the shooting. Many more heard the
shots. They saw the ‘slayer calmly
wine the pistol with a handkerchief
and toss thé weapon onto Reverend
C. H. Farmer’s lawn. Then he fan
northward.

A woman dashed to the body in the.

gutter, bent over it, screamed, “She’s
dead!”

IRENS wailed in Little Rock. From
this point until the case was closed,
the police exhibited a brand of

speed of which any city might be
proud. Leaves that quivered to the

blasts of the shots had scarcely ceased —

their trembling before the officers ar-

rived in force—Chief Fink, Lieutenant .

Kerr, Detectives Traweek, . Biggs,
Dilbeck’ and Terrel, and Patrolmen
Anderson and Hickey. A crowd had
converged on the murder, scene, all

manner of people, ‘including interns,
and nurses from the hospital. The dead. .

woman was immediately. identified.

She plunged face downward:

FALL GUY FOR FATE

CONTINUED FROM PAGE 4!

- Chief Fink. went into action fast.
This. killer—what did he look like?
Everybody ‘tried to talk at once. In
the way of excited witnesses, all eyes

had seen the same man, yet few per--

ceptions: agreed. He was tall, short,
light, dark, shaven, unshaven, clean,
dirty. He shot with his right, with his
left, rolled his gun when he pulled it,

shot from the hip without flourish,

crouched,. stood erect, was ice cold,
was nervous, ran awkwardly, ran like
a cat slithering away. Impressions
gained from the movies were prom-
inent in descriptions of the killing
and the man who did it.

Fink wasted no time in meticulously
weeding fiction from -fact. That would
come later.. Speed was of the essence.
Expert at gleaning a thumbnail de-
scription from a welter of inaccura-
cies, inside of a minute he. had put
two men on the trail of the fugitive—
a medium-sized, deeply-tanned ‘man

‘wearing a dark felt hat, mene

jacket and dark trousers.

“He went north. Search all allege:

and backyard shrubbery. Talk to

' folks, but keep moving. Step on it,
boys!”

At the same time he had another
men phoning the dispatcher to alert
all patrolmen and radio cars, the North
Little Rock police across the Arkansas
River, the. Pulaski County sheriff’s
force, railway special agents and
guards, bus stations and the state po-
lice.

The chief’s questions were terse and
rapid fire. A nurse told him where
Sallie Mae’s husband worked. He
immediately dispatched two men to
pick up Bill Barner and take him to
headquarters. : j

“Tt’s early,” said Fink. “If he isn’t
there, wait. Meantime, find out all
you can about the guy.”

» Another _ _ nurse recalled one

‘heard Sallie Mae say that they had

just moved to 700 East Sixth Street,
that Barner’s mother lived with them.

“The chief sent one of his best detec-

tives to interview the old lady...

“Turn on.the charm. I'll see that
the city gives you a medal if you
persuade the mother-in-law to let
you go through Sallie Mae’s private
papers. and stuff without a warrant.
We need to know things fast.”

Fink ordered another man to the
hospital‘ with instructions to examine
whatever personal effects the dead
woman kept there; to question at
length the hospital staff, so as to
gather every available scrap of in-
formation about her.

“Give the place a good shakedown,
but don’t kill any time. If you run
onto some hot stuff right away, drop
everything and report to headquarters.
T'll be there.”

The chief. remained at the murder
scene, waiting for the coroner and
questioning witnesses—prodding, pro-
bing, searching out the tiniest details,
no matter how unimportant they

_ might seem to‘a layman. The most

lucid and plausible description of the

actual shooting came from Minnie Lee
‘Jones, 1015 Gaines Street, who had

been on her way to the hospital for
treatment.. It. was she who ran to the
fallen woman and pronounced her
dead.

In a few minutes, one of the men
on the killer’s trail came running back
with a light-tan jacket. “Picked it up
in an alley a little over a block away.
A lot of snapshots and stuff in the
pockets and it’s got the guy’s name
in it.”,

_ Fink eagerly took the jacket.
“There’s the name, all right—‘Robert
L. Smith.’ And what’s he doing with

a newspaper picture of Mrs. Cooper?

Say! They do look alike! There’s

I got a ticket to

and shoved it down inside his shirt.

lly upset -

aid why. Lots “of men on the streets without ALi CURRENT CASES
Smith’s hats. Afterwards, he mingled with a
rter than the early morning crowd and walked chi Ly e
all the way to the Missouri Pacific a
ef. “Nice depot on West Markham. Hopping an S\
it Robert a train as it pulled out, he hung on ae b
minute I until it had passed over the Baring
yroadcast Cross Bridge to the railroad yards
: in North Little Rock. From there,
s pocket he hit the ties on the Missouri Pacific
ce while track, headed northeast. ~
’ Where was he going? Smith didn’t
ie detec- know, didn’t care. Just going. Had
to keep moving—moving away from
| opened the thing he had done. Animal in-
were a stinct for self preservation. That’s all.
iiefs; an Remorse? He felt none. In his
old, also warped mind, she had it coming. Re-
a small pentant? He didn’t know how.to re-
. “Robert pent.. He could regret having done
something that brought him misery or
nk mut- the fear of punishment; but he didn’t
know the meaning of true repentance. ||.
ine con- Good or bad, few men do. a ; Mi 20
ad preci-~’ ‘ All day done Sone feet pounded ‘ = ban
wrthwhile ies going north, eaving murder be- eatioge. Snes -
a a local hind. him. Other _feet—moccasined A GUN TO SET HIM FREE ,
Owner feet, had trod this ground leaving - by Prosecuting Attorney D. E. Harper of Port Angeles, Washington,
murder in their wake, for the rail- as told to Howard Barneth
eadquar- road followed the Old Southwest : :
nan. Trace laid out by marauding Osages Norris McAlmond was a farmer, big-game hunter, and writer of
past. and other Indians from the north, long. stories about hunting. He had an attractive wife of about his own
view before the coming of white men. Smith ‘ age—35—and three children. They were prosperous, active, and
ut shock didn’t know this. He wouldn’t have healthy, and on the surface seemed an ideally happy famil But
ie. Held cared if he did. There was no romance N . ms id + TT bi . f, PPY ° iv f hak
in his soul now—only the ashes of orris had an uncontrollable propensity for young girls of hig
aise? _hatred and the burned-down coals of school age. And despite his years Norris—as police were to dis-
eription vengeance, growing colder with each _cover—had an .almost equal attraction for them. Perhaps it was
is prison passing moment. Up from the embers his romantic career.as a hunter and magazine writer; or perhaps
of these fires arose self pity. —__ it was his lean face, well-muscled body, and adept horsemanship.
remem- Just his luck .to tie onto a woman At any rate, he had several affairs with women much younger than
treet in- like Sallie Mae. But what could he his pri! and. his marriage became stormy. Then his wife had the
ind from expect? Been that way all his life. "accident." ;
od direc- yh a 8 ye ee aap ee It was a convincing accident, as prearranged things of that sort
: vainet br, we umps had decided go, and the way police broke it down makes a fascinating study
following against him on every play. Like : sntnslin But thei lly b Be hin: theo at
now—Sallie Mae needed killing, but in criminology. But they really became suspicious when they dis-
sisite obs why did he have to do it? Just: his covered a letter addressed to McAlmond from a schoolgirl in
xpectant. luck, Canada. Part of it read, “Please. come to me, Mac, please. I'm a
a almost Smith slept in an old barn on the grown woman now. | completely fill my size thirty-four sweater
the mur- outskirts of Jacksonville, 15 miles ‘and | know what 1 want." it seemed to leave little doubt about
1, an ex- . northeast of Little Rock. He went to the tragic .motive—but’ proof depended upon a full array of
arth hus-— sleep hungry and exhausted mentally modern scientific detection techniques. —
ieee wore. His fst thongs Wet ; :
rned, _worse. Ss ought, “Why di say
Por te Se to kill that woman? Just my And In Addition You'll Want To Read
a state- uck!”” a Ea
un- He went boldly to a’ restaurant. Iwin G. ‘Greenin
pags a Might as well. With his luck, ‘what LOVE SWINDLER by E ho ng
he could ifference did it make? he guy :
Parsi looked at him kind of funny. So what? |. DEATH CANCELS THE MAIL ORDER: WIFE
yerience.” He’d eat and read the morning paper. eyes . by Hal White
his chair Read about the poor boob who had “ Veoe ie ae
n. “Ive to kill a woman. ’ a od i
and now Made him feel better, important, eS fas Se,
for me. his name in the paper... “cold- They re all waiting for you
ortly be- blooded,” “fiendish,” “ruthless,” “sav- °
sa kee age.” .-.c Yewh, thavs oie in the December issue of
| to him, @ paper said it would be a miracle :
“hat’s the if he escaped. Sure. What could he ~ pees
ne of the expect with no money, a bum flipper, . ek 1 ee ae peas : BS:
boys will a record, and his luck? , No friends. 7) Soi Stee ibe
n’t got a No place to go. Wore ‘@ man out, just ee any i cat
may running to nowhere. . He drank a bot- ; ; i , pas
+ the tle of beer. ‘ poe He 8. fe a
” Then Bob Smith went to the phone | hs aaa eames at Eran
and put in a collect call to the police | U : _ ' Ties
; far. He department in Little Rock. He told | OUR NEWSSTAND NOW
irded his Chief Fink to come and get him! ‘ : oF s
folded it .. Turning from the telephone, | he

something screwy about this. If Smith
did the killing, why. would he put the
finger on himself by shedding his
jacket for anybody to find? And with
all this. stuff-in it! Maybe this is‘a
plant: Maybe the real killer is trying
to finger Smith.”

“Could be, Chief.”

The crowd pressed in. A. patrol-
man moved them back.

Fink continued his examination of
the jacket... “Look here—left cuff full
length, right cuff turned up. It’s been
worn that way ever since it was new.
See? Left shows dirt and sweat on
the inside, right shows none. Proves
that the right cuff has always been

worn turned back, inside out.‘ All of

which may prove that:the guy’s right
arm is shorter than his left!
“Anyhow, it’s worth a gamble,”
Fink said. “Phone in for them to add
‘Robert L. Smith’ and ‘perhaps a crip-
pled right arm’ to the pick-up. Have
them put the guy in his shirt sleeves—
a light shirt. That’s what most of
the witnesses said he was wearing.”
Two reporters were standing near
by. Fink grinned at them and said,
“Don’t put me on the spot by publish-
ing this wild guess of mine, boys.”
“Okay, Chief,” answered one. “What
do you think about this deal now?”
“It’s too early to say. There are.
some things that don’t add up. But
two things I do know. If we get
action we can break this case right
away; and if we don’t get the lead
out of our pants we can lose it with-
out half trying.”
Soon thereafter the coroner, Doctor
Howard A. Dishongh, viewed the body.

- He ordered it removed to the Healey

& Roth parlors and said there’d be
an autopsy later.

INK rushed back to headquarters.
He carried with him the names and
addresses of many witnesses, the

‘murder weapon, five empty .38 car-

tridges picked up on the scene and the
light-tan jacket.

. He paused to speak to two report-
ers. “It’s less than 30 minutes since
the murder, boys, but I think we’ve
made a little progress. What we need
now is speed from the officers on the
case, and I’m one of.’em. You'll have
to excuse me. Come back at 12
o’clock.” :

Fink enjoyed a few minutes of se- _.

clusion in his office. The jacket
troubled him. Why had the killer
‘dropped it so near the scene of his
crime? Was ita plant to throw sus-
picion upon an innocent person? Was
it the irrational act of an excited man?
All murderers are irrational—tem-
porarily, at least—and they often ex-
hibit cleverness .one moment, the

. rankest stupidity the next.

Shedding his jacket would, of
course, make a marked change in the
killer’s appearance to the eye of.a
casual observer, thus materially aiding
him in the early stages of his get-
away. But why hadn’t the guy taken
this hot stuff out of the jacket: pock-
ets? It didn’t: make sense.

Another thing puzzling the officer
was the society page picture of Mrs.

Cooper. She was a well-known so-
cialite, frequently in the papers. Any

resident of. Little Rock would recog-

nize her as such. Was the murderer
from out of town? Had he mistaken
Mrs. Cooper for Sallie Mae? The pic-
ture had been handled a lot. There.
was no date on it. When was it pub-
lished? Fink was about to call the
Arkansas Gazette, when the detective:
on the Barner home mesten ment

- rushed in.

’ “Here’s something, Chief! Old Mrs.
Barner is keen. She’s with us all the
way. Sallie Mae was married three

that Sallie Mae had been badly upset '

the last few days, but hadn’t said why.
And here’s something. Bob Smith’s
right arm is withered and shorter than
his left!’

Fink breathed a sigh of relief. “Nice
work. I’m pretty sure now that Robert
L. Smith is our man. The minute I
hear from Huntsville we'll broadcast
a statewide pickup alarm.”

Grinning, he took out his pocket
knife.. “Make yourself scarce while
I open this infernal machine.”

‘Y’m not budging,” \said the detec-
tive.”

or four times. Last husband’s been ,- The chief unwrapped and opened

doing. time in Texas for bigamy, but
maybe he’s jout Pe now. His name is
Bob Smi {

“What else?”

“Sallie Mae didn’t talk mine about
her past life nor did. she keep any
private papers at home. Last Friday
she came in all upset—said she hated
it where they lived. Wanted to move
right away. They did over the week-
en

The chief nodded thoughtfully.
“Anything on the husband, Bill
Barner?”

“Yes, Sallie Mae left home’a little .
before seven this morning to go to
the hospital. Bill read the paper for a
few minutes, then went to work. The
old. lady isn’t sure about the time he
left. Near as I can figure it, though,
he could have gotten to the murder

“scene.” y
“How did Barner and his wife get
along?”
“Fine, They’d been married 11

months. Still on their honeymoon, her
mother says.”

“What did you learn about Sallie.
_Mae’s family?” -

“Her father and mother live on
Route 1 out of Austin, and her brother,
Al, lives at Cabot. Mrs Barner says
they’re fine people.”

Fink ordered, “Go and see them.
Keep up the good work.”

One minute later a siren wailed
northward out of Little Rock, headed

‘ for U. S. 67 and the towns of Cabot:

and Austin, about 30 miles “away.

Fink was dictating a wire to the

Texas State Penitentiary at Huntsville,
asking for the description and record .
of Robert L. Smith, when another- of-
ficer came in.”
It was the detective from the hos-
pital. He deposited some letters and
a small package on Fink’s desk. “I
got plenty, Chief. There’s more where
it came from, but I thought I'd better ©
report in with this.”

He went on to say that Sallie Mae
Barner:had confided in one of the
nurses;. told. how her testimony had
sent Bob Smith. back to the peniten-
tiary after he had been in and out
three times; read some of his threaten-
ing letters—all of which’ she had kept’

at the hospital rather than at home—

and showed her friend a package re-
ceived’ from him through the mail,
which she hadn’t opened | for fear it
-was a bomb...

“In Smith's. last letter,” continued
the’ officer, “he says he’s. due to get -
out pilarch hae ahh ‘ She nurse said

“try is alerted.
- man with a crippled arm, but he could
‘get away. Worse things have hap-

the box cautiously. Inside were a
man’s belt; some handkerchiefs; an
empty pocket book; a billfold, also

empty, initialed - RLS, and a small.

Bible! Written on the fiyleat, “Robert

‘L. Smith.”

“A murderer’s Bible,” Fink wait
tered.

‘Little Rock’s police machine con-
tinued to whirr with speed and preci-’
sion:. The automatic—no worthwhile
prints. Reported stolen from a. local
home on Saturday - night. Owner
above suspicion.

Bill Barner: brought to headquar-
ters. . Fine looking, badly shaken man.
Hesitated to talk about his wife’s past.
Taken to the murder scene and to view
Sallie Mae’s body—cruel, but- shock
will sometimes loosen a tongue. Held
for further investigation.

A wire from Huntsville, Texas, con-
taining a detailed physical description
of Robert L. Smith and his prison
record.

Reports from citizens who remem-
bered the man on Sixth Street in-

. quiring after the Barners, and from

others of whom. he had asked direc-
tions to University hospital. °

_All this before 12 o’clock, following
the murder at seven,

Men from the newspapers were on
hand at noon, eager and expectant.
Chief Fink told them, “I’m almost
positive that we've identified the mur-
derer: He’s Robert L. Smith, an ex-

convict and Mrs. Barner’s fourth hus-"_

band.” He went on to describe every-
thing the police had done and learned,
holding back nothing. © In conclusion,
che said, “We’ve broadcast a state-
wide pickup'alarm. The whole coun-
It’s easy to spot a

pened to me in my police experience.”
The chief leaned back in his chair
and. grinned at the newsmen. “I’ve
come clean with you, boys, and now
I wish you’d do something for me.
This man Smith’s actions shortly be-
fore the killing indicate that he didn’t
give a hoot what happened to him,
just so he got’the woman. That’s the
only way to account for some of the
dumb things he did. If you boys will
make it appear that he hasn’t got a
ghost of a show to get away, he may
give himself up when he reads the
‘papers. Will you do that for us?”

«They said they’d do it. ;
. ‘Bob Smith didn’t run very. far. He
‘ducked into an alley, discarded his
jacket, ‘took off his hat,. folded it

and shoved it
Lots “of men

hats.

the ear)

all the

depot on we

a train as it

until it had ;

Cross Bridge

in North Litt

he hit the ties
track, headed
Where was |
know, didn’t «
to keep movil
the thing he
stinct for self
Remorse?
warped mind,

pentant? He c

pent.. He cou

something tha:
the fear of pu
know the mea:

Good or bad, {

All day lors
ties going nor
hind.’ him. C
feet, had tro
murder in th:
road followec
Trace laid out
and other Indi
before the com
didn’t know t
cared if he did
in his soul n

. hatred and th
vengeance, gri
passing mome:
of these fires :

Just his luc
like Sallie Ma
‘expect? Been
Never got a br
Since the +
against
now—Sz
why did ne u
luck. .

Smith: slept
outskirts of .
northeast of L:
sleep hungry <
and physically
_worse. His fir
have to kill t
luck!”

He went b
Might as well
difference did
looked at him }
He’d eat and r:
Read about th
to kill a wom

Made him ;
his name in 1
blooded,” “fien
age.” ... Yeah
} The paper sa
if he escaped.
expect with no
@ record, and ,
No place to go.
running to now?
tle of beer.

Then Bob Sn
and put in ac.
department in
Chief Fink to «

Turning fro

ae.

looked into the muzzle of a gun. Jack-
sonville Police Chief C. S. Garner was
behind that gun.

The thought flashed through Smith’s.
mind, “They’d have got me anyhow. .

Just my luck!”
He readily admitted his identity and

t. d
Less than 30 hours after the crime
had been committed, Robert L: Smith
signed a confession.’ Prosecuting At-
torney Edwin E. Dunaway filed first-
degree murder charges against him.
Sitting in the Little Rock jail the

sit oe gage pane

following morning, Smith looked at _
the stout bars and cursed his luck.

They’d give him life, or maybe they’d
purn him! Sallie Mae hada killing.
coming, but why did he have to be the
boob who did it? : .

Bob had asked for.a morning paper
so that he could read about himself.
The jailor brought it. A small item
in the Arkansas Gazette immediately
caught his eye.

“The autopsy performed on her —

bullet-riddled body revealed she

had an advanced‘case of cancer
of the liver. Doctor Howard A.
Dishongh, coroner, said patholo-
gists. reported the malignancy
probably would have taken her
life in from six months to a year.

Smith was later sentenced to die in

the electric chair.

“Eprror’s Note: The name Mrs.
Cooper is fictitious in order to protect
the identity of an innocent person in-
volved in this case.

Pans

HEADQUARTERS

DETECTIVE)

ran last night, luck was all on his
side. Got past the state police with-
out even a narrow squeeze.” —

“Our best bet for nailing him, too.”

At 9:30 the next morning, 4
sprightly, old man bobbed into the
sheriff’s office and-got to the point at
once.

In a pipey, excited voice he identi-
fied himself as the owner of a gas sta-
tion on the outskirts of tiny James-.
town, 11 miles east of J effersonville.
“And Tom Kise, who works on a
farm near there,” he added, “owed
me $85 till an hour or so ago.”

Icenhower stared. “So?”

The visitor hitched at his belt. -

“Tom was busted the afternoon of the
3rd. That’s when he tried to bum
some gas off me. Showed up with an
old Pontiae coupe.” i

“Black?”

“Right. But this morning Tom
peeled the cash he owed me off a roll
big enough to give a steer indiges-
tion!”

When the station owner described
Kise as a slim, angular man, about 33,
a heavy drinker and gambler, the
officers lost no time in looking for
him. But they didn’t find him at the
farm. He’d quit after a dispute on
July 2—and he had drawn only $10
back pay. :

The farmer gave them a lead on
Kise’s girl friend in Washington Court
House. She turned out to be an em-
bittered young blonde who claimed
she hadn’t seen. Kise in a week. :

“Tom borrowed a hundred dollars

from me to pay off a gambling debt,” .

she declared angrily, “then made him-
self scarce. I wouldn’t put anything
past that guy!”

The search was widened to nearby °

cities. Although Holman said he
knew Kise well, which eliminated
him as the man who had entered the
diner the night of the slaying, Icen-
hower wasn’t discouraged.

“That stranger may be out of the
picture all together,” he reasoned,
“Just a coincidence he fitted the gen-
eral description of the man Fuller
saw.”

ne MPnent ay F ee ee pian ine

sae Gloomily, the sheriff

Several hours passed. About noon,

a Washington Court House policeman,
walking his beat.in the business dis-

trict, snapped a second look at a

‘disheveled figure passing him, then

turned .suddenly.

Tom Kise surrendered meekly.

But he’d recovered. his voice when
he was hustled into the sheriff’s office.
A limber, sardonic man wearing a blue
shirt and. soiled tan trousers, he
snorted indignantly as Icenhower
counted out $207 from his wallet.

“Who cares where I got the dough?”
he rasped. “Maybe I busted open my
piggy bank!” :

“Maybe,” the sheriff drawled. “And

-maybe you can tell us a few. things

about Bob Lindsey. How about it?

Where’s your pal with the black :

coupe?” — ;
' Kise’s jaw dropped. “Lindsey?”
he blurted. “You’re nuts! I never

had anything to do with that. job!’ .

_ Icenhower sat back in his chair.
“Pm waiting,” he said softly, turning
the bulging wallet over in his hand.

The suspect shifted nervously in his

chair. “Well, I don’t remember much
that night,” he said. “Met a guy ina

tavern here and. we toured the town.

for a while, hitting the bottle. Never
even got his name before’ he took off
for Cincinnati at midnight.”

“Where were you at 10 o’clock?””

ROUGH, TOUGH AND DEAD

CONTINUED FROM PAGE 31.

- office and gave Kise his freedom.

“One less black coupe to account for,
anyway,” he said to Yeoman. “But
that puts us right’ back where we
started.”

“Farther back,” the deputy cor-
rected. “The killer’s had time enough
to be on either coast, if he ducked out
of the state.”

Nothing. developed in the next 24
hours to prove that he hadn’t. By
that time, though, things suddenly
started happening in Piqua. The
elderly witness who had taken down
the -license number of the masked
gunmen’s car had unexpectedly found
the missing paper in his suit pocket!

And three hours later the manhunt
shifted to Cleveland, Ohio, 200 miles
north. . It was Detective Lieutenant
Charles Cavolo, director of the city’s
auto bureau, who: acted on Piqua’s
urgent request for the arrest of a
man named Jim Caldwell.

According to the state motor vehicle

-. department records, the plates on the

‘bandits’ Buick coupe had been issued :

_ “Maybe at. the phone office here in .--

town,” Kise muttered.:“The guy made
a call to Chicago. I don’t know . the
exact time, but it was a while before
he left town.”
_ As for his sudden wealth, he main-
tained that he’d been. saving. money
for a spree. _Icenhower let. that pass,
picked up his hat and went down the
street to the telephone office. .
Summoned from home, the night
manager had no trouble. recalling
Kise and his companion on the night

of the murder. ‘The Chicago call was -

placed at 9:48,” he said, consulting
his records.. “And both men were
here for a good half an hour after
that. Tipsy, It was all I could do to
get’ them out again.”.. | ties
returned to his

to him. :

Not long afterwards, Caldwell, a
tall, thin, blond-haired butcher, was
in custody. He calmly acknowledged
ownership of the license plates.

“T haven’t a thing to hide,” he told
the lieutenant. “The plates. were
swiped off my car a couple weeks ago.
I didn’t report it because I have a

“record. Did time on a bum rap in -

Wisconsin two years back. I was
afraid <nobody'd believe me.”
Cavolo: studied him. “A pretty

weak story,” he said bluntly.

_ “I know it,” the butcher replied.
“Sure, I made a mistake. That’s plain
now.” .

Somewhat to the officer’s surprise,

Caldwell had an unshakable alibi for —

the 3rd. His employer vouched for

- the fact that he’d been at work all that

day. .But it wasn’t quite enough to
win ‘his release. Not when Cavolo,
on a sudden. hunch, summoned: a
suburban grocer to headquarters.
The recent holdup victim of a tall,
blond man, the grocer needed only one
quick look at Caldwell. ‘“He’s the guy

het

Amazing Canadian
more youthful figur

A BG VOR OI IE FT es

ne meen een LEE: BPE TEE

| Oklahoma City Buil
Of Plot as Early as 83, Official Says

“ °

By JO THOMAS
and RONALD SMOTHERS

Twelve years before the Federal

group Aryan Nations drew up a plan

the same way, according to evidence
gathered by a Federal prosecutor.

The plot, conceived at the end of.

October 1983, called for parking a
van or a trailer in front of the Fed-
eral Building and blowing it up with

rockets detonated by a timer, the —
prosecutor, Steven N. Snyder, re- ~

called in a recent interview.

Strangely, and perhaps only co-.

incidentally, Richard Wayne Snell,
an Oklahoma man identified by a
Government witness as a partici-
pant in that plan, was executed in

Arkansas this April 19, the day of the»

actual bombing. He was 64 years old,
called himself a prisoner of war and
had been convicted of two murders.

Although no evidence links Mr.

Snell to last month’s bombing or to

either of the suspects now charged

with it, his impending execution had
been protested by right-wing para-
military groups, which called him a
patriot and termed the Federal Gov-
ernment “‘the Beast.”’

Timothy J. McVeigh, the prime

suspect in the Oklahoma City blast,
has never mentioned Mr. Snell, and
Federal officials who investigated

Mr. Snell on other charges said they »

considered it “unlikely” that he or
his supporters had been involved.
Mr. Snyder — who had uncovered
evidence of the 1983 plot, including
Mr. Snell’s role in it, while preparing
for trial in a sedition case against a
group.of white supremacists — de-
clined to say whether he had brought
the similaries between the 1983:

’ plans and the bombing last month to

the attention of investigators in
Oklahoma City.

Although the existence of an earli-
er plot does not itself demonstrate
any links between those identified as

_ plotters then and those accused now,

‘it does suggest that the idea of bomb-
‘ing this particular Federal building
could have been a subject of discus-

sion among small extremist groups
|_for more than a decade.

Building in Oklahoma City was.
: bombed, a group of white suprema-
=| cists with close ties to the neo-Nazi

to bomb the same building in much

ie Pris

Richard Wayne Snell, above, exe-

cuted for murder on the day of the.

Oklahoma City bombing, was
identified by James D. Ellison as a
conspirator in a virtually identical
plot 12 years ago.

The only links between Mr. Mc- .

i -Veigh and people identified as the
|, earlier conspirators are extremely

tenuous. Mr. McVeigh once got a
‘traffic ticket in the Fort Smith, Ark.,
‘area, where some of them lived, and
‘several months ago his sister Jenni-

fer subscribed to The Patriot Re-
\ port, a newsletter published there.
The details of the 1983 plan came
‘from James D. Ellison, the founder
‘of the Covenant, the Sword and the

Arm of the Lord, an anti-Semitic -

paramilitary group that now ap-
pears to be defunct but once flour-
ished in northern Arkansas.

Mr. Ellison’s account first came
to light when Mr. Snyder, an assist-
ant United States attorney in Fort
Smith, interviewed him in prepara-
tion for his role as the principal
prosecution witness against 14 other
white supremacists, including 10
charged with plotting to overthrow -
| the Government by force. The trial
was held in 1988, and all the defend-
ants were acquitted.

In addition to Mr. Snell, who was:
‘already on death row, the defendants
included Richard Girnt Butler, chief
of the Aryan Nations, a neo-Nazi
umbrella organization for white su-

premacist groups that is based in
Hayden. Lake, Idaho; Robert E.
Miles, a former Ku Klux Klansman
who headed the Mountain Church of
Jesus Christ the Saviour in Cohoc-
tah, Mich., and Louis Ray Beam Jr.,
former grand dragon of the Texas
Ku Klux Klan and “ambassador at
large’”’ of the Aryan Nations.

According to notes Mr. Snyder
took before the trial, Mr. Ellison said
he attended a meeting of extremist
groups in Hayden Lake in July 1983
and told them of the death of Gordon
Kahl, a member of yet another right-
-wing group, the Posse Comitatus.
Mr. Kahl was a tax protester who
fled North Dakota in early 1983 after
4 shootout with Federal agents and
was subsequently shot to death in a
_gun battle with agents in Smithville,

Mew Got WM ex

pre

Sat. S- 20-95

‘‘Kahl was the catalyst that made

everyone come forth and change the
organizations from thinkers to do-
-ers,” Mr. Ellison said, according to
Mr. Snyder’s notes.

In late-night meetings, Mr. Ellison |

told Mr. Snyder, the leaders at Hay-
den Lake discussed how to topple
the Government, using as a source-
book ‘“‘The Turner Diaries,’’ an ex-
tremist novel that envisions the
Government’s overthrow by right-

. wingers who then systematically kill »
Jews and blacks. Mr. Ellison told

Mr. Snyder that he himself had vol-
unteered to assassinate Federal offi-
cials in Arkansas.

According to Mr. Snyder’s notes,
Mr. Ellison told him that the Ellison
organization had discussed plans to

las office of the Jewish Defense
. League.

At the 1988 trial of the 14 white
supremacists, Mr. Ellison testified
“that in October 1983, Mr. Snell and
Steve Scott, an associate,‘‘asked me
to design a rocket launcher = that
could be used to destroy these build-
ings from a distance.”

“On one of the trips when I was
with Wayne,” Mr. Ellison said of Mr.
Snell, “the took me to some of the
buildings and asked me to go in the
building and check the building out.
This kind of thing.”

And before the trial, Mr. Ellison
told the prosecutor that at Mr.
Snell’s request he had entered the
' Federal Building in Oklahoma City
to gauge what it would take to dam-
age or destroy it.

Afterward, he testified in court, he
made preliminary sketches and
‘drawings. Rocket launchers. were to
be “‘placed in a trailer or a van so
that it could be driven up to a given
spot, parked there, and a timed deto-

‘“‘And I was asked to make it so it
would fit in either a trailer or a van
or a panel truck,’’ Mr. Ellison contin-
ued.

| Although his trial testimony did
| not specify which building Mr. Elli-
son had entered — that detail came
only in the pretrial questioning —

DAA URSA tA ERENCE ERE ANA ARLEN AHCI AAI

bomb Federal buildings and the Dal- .

nating device could be triggered so :

that the driver could walk away and ©
leave the vehicle set in position, and |
he would have time to clear the area |
before any of the rockets launched.”

Mr. Snyder confirmed in a recent

interview that it was the Federal

' Building in Oklahoma City. 2
“I remember this,’ Mr. Snyder —
said, “because I thought it was ~

strange that they would go all the

way to Oklahoma City” from Arkan- — :

sas.
“Ellison said that Snell was bitter

toward the Government because of ©

the L.R.S.,” Mr. Snyder said, “and I
think these were agents from the .__

Oklahoma City office, and they had |

taken him to court, and his property
had been seized by the F.B.I. and |
other agents in a raid. But youcan’t
be sure about any of this, because a

Federal raid, to a lot of these people,
is any time the postman brings the

‘mail.’’
In 1984, a black Arkansas state .
trooper stopped Mr. Snell for a.

traffic violation near DeQueen, Ark.

Mr. Snell shot the trooper, Louis

Bryant, as he approached the vehi-—

cle, then shot him again as he lay on |

the ground, killing ,him. Mr. Snell

always contended afterward that he —

had killed the officer in self-defense.
Mr. Snell fled and was chased to
Broken Bow, Okla., where he was

wounded in a gun battle with the ~

authorities before he was subdued.
In his car, the police found a gun

that had been used the previous year
in the robbery and murder of Wil- _

liam Stumpp, a Texarkana pawnbro-
ker. Mr. Snell was convicted of both
murders and sentenced to deathin =

the Stumpp case.

Mr. Snell always denied that mur-

der, but Mr. Ellison said at the sedi-
Mr. Stumpp because he believed —

Stumpp was Jewish.

On April 19, 1985, a heavily armed

force of 200 state and Federal offi-

tion trial that Mr. Snell had killed _

wrongly, as it turned out — that Mr.

cers surrounded Mr. Ellison’s re- —

mote mountain compound on the
shores of Bull Shoals Lake in north-

ern Arkansas. A four-day siege end-
ed when Mr. Ellison was persuaded —
to surrender by Robert G. Millar,

who is still the spiritual leader of an
armed apocalypic sect in Elohim

City, a rural compound near Mul- .

drow, Okla.

Three months later, on July 17,
Mr. Ellison was convicted of racket- '
eering charges. And two months af- |
ter that, he was sentenced to 20.

years in prison. The following year,
he agreed to become a Government
witness.

The defense at the sedition trial: .
contended that Mr. Ellison had far- |
bricated the conspiracy. Having lis-
tened for seven weeks, an all-white. -
jury acquitted all the defendants... .
Afterward, one juror announced.
that she had fallen in love with one of :
the defendants and planned to marry

him.

After the trial, Mr. Ellison went to.
prison, entered the Federal witness |

‘protection program and eventually

ended up living on parole in Jasper,
Fla. He finished his parole on April
21, two days after the Oklahoma City -

bombing, and was last seen that day
- in Jasper with two women, driving a
car with Oklahoma plates. — a

From his prison:cell in Varner,

_ Ark., Mr. Snell began publishing a
. periodic newsletter, The Seekers, —
which told of the “war to establish _

righteousness,” a war in which he’.

considered himself a P.O.W.

The Militia of Montana, which ral-

“If this date does not ring a bell
for you then maybe this will jog your

-- memory,” the newsletter said. ‘‘l. —

April 19, 1775: Lexington burned; 2.

' April 19, 1943: Warsaw burned; 3. °.

April 19, 1992: The fed’s attempted

to raid Randy Weaver, but had their —

plans thwarted when concerned citi-
zens arrived on the scene with sup-

plies for the Weaver family totally a

unaware of what was to take place;

4. April 19, 1993: The Branch Davi- —
dians burned; 5. April 19, 1995: Rich-

_ard Snell will be executed — unless
“we act now!!!” ee
The action suggested in a note.
written by Mary Snell, his wife, and

published by the newsletter, was to
' flood the Arkansas Governor’s office
‘. ‘with letters.

As the day of his execution ap-

-” proached, Mr. Snell was frequently
visited by Mr. Millar, who described .

himself as the prisoner’s spiritual
_ adviser. He shared Mr. Snell’s final
‘hours, witnessed his execution and

took his body to Elohim City the next _

. day for burial.

Mr. Snell watched televised re-
_ ports of the Oklahoma City bombing
on the very day he died, Mr. Millar

- Snell was appalled by what he saw.
Mr. Snell’s last words, however,

were threatening. He -addressed
them to Gov. Jim Guy Tucker just
"| as he was strapped to a gurney for

~ execution by lethal injection. |

“Governor Tucker, look over your.

"tied to Mr. Snell’s cause inthe March
issue of its publication, Taking Aim, ~

reminded its readers that his execu- ~

-. tion was set for April 19.

said. According to Mr. Millar, Mr.

shoulder,’ witnesses quote him as-

_ saying. ‘‘Justice is coming. I would-
-\'n’t trade places with you or any of

your cronies. Hell has victories. Jam

Vatpeace.””

(es

Tom Ewart for The New York Times
Robert G. Millar near the entrance
to Elohim City, a religious com-
munity he founded near Muldrow,
Okla., just west of Fort Smith,
Ark. Mr. Millar adheres to the —
Christian Identity movement.

ing anything illegal,” he said. ‘‘We
don’t have an illegal gun. But neither
was Randy Weaver doing anything
illegal when they shot his wife and
boy.” He was referring to a confron-
tation in 1992 between Mr. Weaver
and Federal agents at Ruby Ridge
Idaho, in which a deputy marshall
also died. The incident, like the siege
at the Branch Davidian compound
near Waco, Tex., has become a rally-

ing cry for anti-Government mili- |

tants.

Voicing convictions oft-heard in
right-wing circles, Mr. Millar said
that Federal agencies like the Bu-
reau of Alcohol, Tobacco and Fire-
arms were out of control, that Amer-
ica was at risk of foreign interven-
tion, most likely by United Nations
troops, and that the media was ma-
nipulated by the Government.

He also said Elohim City was un-
der surveillance. ‘‘We had a black
helicopter sitting about 50 feet over
that tree,’’ he said. ‘‘It was a Sunday.
morning about three weeks ago.”’

Local law-enforcement officials
say they know nothing about that.
“We get along with them fine, at the
local level,’”’ said Jack Goss, an in-
vestigator for District Attorney Na-
than Morton, whose jurisdiction in-
cludes Adair County, where Elohim

_ City is located. a

And as a religious body, Elohim
City seems little known among local
clergy. The Rev. Bill Cheyne, pastor
of First United Methodist Church in
Siloam Springs, Ark., up State High-
way 59, said, “I guess they pretty
much keep to themselves.”’

Mr. Millar said he was once a

- Mennonite, but had renounced the

pacifism that distinguished that
branch of Protestantism.

He founded Elohim City 22 years
ago, believing himself divinely led to
the site. But it was earlier, in his
native Canada in 1948, that he said
he had a life-changing spiritual expe-
rience, with riveting visions of world
events like the widespread, bloody
rioting that accompanied India’s in-
dependence that year. “T saw it as if

| | was looking at a movie screen,”

Mr. Millar said Elohim City resi-
dents are self-employed, although
one of his four sons runs a small |
construction business and has hired
some residents. “‘All of our women
folk think it’s wonderful to be a
mother,’’ he said. |

About a dozen children, ranging in
age from an infant to several adoles-.
cents, could be seen at a worship

service. Mr. Millar said that the .

community was larger but that a

number of adults and children had

gone to a nearby town to buy sup-
plies.

The community has its own
school. ‘‘They teach them everything
that other children learn,’ said

_ George Eaton, a neighbor who pub-
lishes a right-wing newsletter called
The Patriot Report and who recalled
watching Mr. Millar teach mathe-

“matics; = 5

But Eiohim City’s Christianity is a
distinctive brand. ‘‘I believe that the
inheritors of the promises of the 12
tribes of Israel are primarily the
Celtic tribes,” Mr. Millar said, ‘‘the
Germanic people and the Scandina-
vian people, not inclusively and not
exclusively, but primarily.”

He added: ‘‘This people repre-
sents 9 percent of the population of
the world. They control 50 percent of
the wealth of the world. So it’s evi-
dent that the promises of God have
come to pass.”’

Mr. Millar said he shunned the
term white supremacist, but be-
lieves in racial differences, saying
that Japanese scored higher on 1.Q.
tests but that “the English-speaking
people” were better innovators.

Still, he said that he had ‘‘no ill will
toward any people,” and that whites
were divinely obliged as leaders to
serve others, providing food and oth-.
er aid. “I have to be a voice for
moderation, a voice for common
sense,” he said. ‘‘I believe destruc-
‘tion is coming, but I want no part in
starting it.’”’

Arkansas Trooper Slain;
Man Held in Shootout
| DE QUEEN, Ark., June 30 (AP) —
An Arkansas state t r was shot
‘} and killed today after he stopped a
driver, and the authorities said a man
| Sought in the killing was arrested after
a shootout with the police in neighbor-
Be " Louis B 37
_ 9 t, years
ad ed afte inn a

stretch of U.S. 71 near De Queen, about
20 miles from the klahoma

border, said Lieut. John Chambers of
the state police headquarters in Little:
“Rock.

Officials said the only one wounded
in the shootout was the driver, shot four
or five times. A spokesman for the

-: -Okla;, identified-the driver-as-Richard
_| Wayne Snell, 54, of Muse, Okla.

‘sheriff's office in McCurtain County,

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n alley between two

nue, was nearest to
:d up and attempted
m the other’s chest

s dead!”

d pandemonium. At

illed the police and

: of the institution:
, took a quick look
and began pushing

1e woman had been
andergraduate nurse
»spital.

the

By John
S. Thorp

Sally Mae Barner,

as she lay on the

street after being
shot five times by
a mysterious man

with whom she'd
been having words,

“He said that he
wanted his money,’
that | had better
get it up or he'd
take action. He
also threatened to
catch up with me
out on the street."

“TOT, Be

Chief of Detectives C. O. Fink and Prosecuting Attorney Edwin Dunway
questioning the killer, at left. Once captured, he didn't deny the crime,
but the story he told them was as strange and complicated as a nightmare.

Detective Chief Jim Fink headed the arrivals, accompanied -

by District Attorney Edwin A. Dunaway, Coroner Howard A.
Dishongh, and a number of detectives and patrolmén.

The witnesses were rounded up, the gun found in the hedge,
and a search of the neighborhood was instituted. Detectives
came out of the alley into which the killer had disappeared with
a’ blood-spattered sports jacket, which everyone agreed the as-
sailant had been wearing.

Mrs. Barner had been killed instantly, according to the coroner
and the doctors. Five shots had struck her in the chest, all at
close range.

Fink immediately got a description of the killer and the course
of his flight. He ordered the squad cars on an immediate hunt
and directed certain detectives to block off rail and bus depots.

Others were dispatched to the hospital to get more information
on the murdered woman, who, according to the nurses at the
scene, had worked there about a year,

HEN all the necessary preliminary steps had been taken,
Fink turned to the witnesses. They told him about the
acrimonious squabble, the words spoken by both the woman
and her attacker, and how she had turned to’ leave him just

before the shooting. But he had reached out and drawn her back .

before pulling the black gun.
A woman said she had seen Mrs. Barner waiting ¢ on the same
corner the day before. She appeared to be looking for someone.
The other nurses said Mrs. Barner had been popular with the
hospital staff but very secretive about her affairs. During the past

two weeks, she had seemed exceptionally nervous, and once,
about ten days before, had received a visitor who caused her to
be upset for the remainder of the day.

Shortly after Mrs. Barner had begun her nursing career, Fink
was told, she had married. No one had ever seen her husband,
but Mrs. Barner had described him as “young and handsome.”

Mrs. Barner’s address,’ 700 East Sixth Street, was obtained
from the hospital files, and Detectives Al Traweek and Ed Dil-
beck. were dispatched to bring the husband in.

During their absence, Fink inspected the murder weapon,
withcut disturbing fingerprints that might possibly exist. The
gun was an old model .32 calibre Colt automatic. It seemed to
have been recently oiled and cleaned.

He also explored the sports jacket, which bore the label of
a Houston, Tex., store, but no other identifying marks visible to
the eye.

In the pockets, however, were a collection of pictures. Every-
one of them was of Sallie Mae Barner, an attractive brunette,
in various poses, and some apparently went back a number of
years.

In addition, there were some clippings from_a Little Rock
newspaper showing photographs of a local woman whose name
the captions gave as Mrs. Franklin Delbert. The name had a
familiar ring to Fink, though he could not place it at that mo-
ment.

The victim’s body was removed to the Healey & Roth funeral
home and some of the witnesses taken to headquarters, where
‘they were permitted to view pictures of known criminals whose

They revoked
sent back to do

didn’t you tell

answer

yrison. Sallie got
too long ago—

enly. He stared
[ wonder. Maybe
cing Sallie seem

ut,’ Kerr inter-
ot many minutes
t Robert L. Smith

(untsville, Texas,
4 by phone that
been released

<ed, “do you know
had a picture of

ed a minute. He
slieved she had a

lice car nosed out
the front seat-with
ner, and it was at
iuto soon pulled to
y walked in and
ay shufited through
gs. After a searc

1 box. It was stuffed

t one, then handed
10 barely waited to

s the picture was
,otographic depart-
> to a large size. And
ad Farmer an rs.
were taken to the

d at the photo.
nan,” the woman

t is he,” Reverend
grimly. “There’s no
am positive.”

hunt was on in dead
: law knew whom it
ong-distance phones,
dio, word was flashed
of Robert L. Smith,

“night wore on. The
eo dbg-tired, put -there
£ the murderer. From
of the state pour in
. had been seen. e

every tip, put found

ight. entered Fink's
co he continued to
manhunt. Ash trays
th cigarets as officers

ted his head for a
: ye when the phone
Wearily he reach

denly the weariness.
went snile creased his -

I would like to ta

i spoke cautiously, “The

j the phone down when

ll be right over.

Kerr.

; as Smith just
o said he Werte said he

The

3 in Jacksonville.

mall
+ et trom Little Rock.

ie somebody is trying
ho pounded his desk.

REAL

DETECTIVE

- said.
-know very little more about this awful

grounds an
‘with whom Dana Weaver had dated
Sunday. They felt sure these youths

Again his phone rang. The chief

snatched it quickly. .
- “What?” he nearly shouted into the
mouthpiece. “Wonderful, that’s a
relief. We will be right there.” Fink
wiped his brow.

“That was Police Chief C. S. Garner
of Jacksonville,” he smiled. “And he
has our boy Smith. He was investigat-
ing a report that a stranger was sleep-
ing in a barn. He located the stranger
on the street. It was Smith.”

Three hours later in Fink’s office

Smith said she kept the appointment
slaying of Sallie Barner.

He said after his release from prison
he went to Little Rock and finally lo-
cated the woman by telephone and
made an appointment to meet her in
North Little Rock. ©

Smith said she kept the appointment
and that he asked her for $500 which
he said he had left with her when he’d
been returned to prison.

“She appeared nervous and said she

would get it for me later. She asked
me to meet her again that weekend.
But she didn’t show up.
_ “Then I found out she was work-.
ing at the University Hospital so I
decided to lay in wait for her. I was
sorry the minute I fired the, first shot
but I just couldn’t stop pulling that
trigger.”

Smith gazed at the floor.

“Smith,” Lieutenant Kerr spoke up.
“Where did you get. that picture of
Mrs. Kerrigan and what were you
doing with it?”

Smith smiled wanly. While he was
in prison, he said, he got hold of Little
Rock newspapers.

“One day I ran across this picture
in the society column. She looked so
much like Sallie, I clipped it out and
kept it. I didn’t have a picture of
Sallie. No, I never saw nor knew the
woman in the picture,” he said.

Kerr shook his head. “That picture
cost a man a lot of trouble for awhile,”
he said. \ ?

Four hours later, on May 7, 1949,
Prosecuting Attorney Edwin E. Dun-
away filed first degree murder charges
against Smith. He announced he would
ask for an early trial for the man who
confessed he pumped five bullets into
the lovely nurse while dozens looked
on petrified with terror. At his trial,
held a few weeks later, Smith was
convicted and sentenced to die in the
electric chair.

Ep1tor’s Note: The names Joe Har-
ris and Mrs. John Kerrigan in this
story are fictitious. They are employed
to protect innocent persons who were
questioned during the investigation.

reward for information leading to the
apprehension of the killer. An Amer-
ican Legion post added another $500.
And a citizens’ shri had contributed
$155—making a total of $1,155. But a
reward was one thing. Capturing an
elusive murderer who had been lucky
enough to sneak in and out of the
parish house without being seen by
anyone but the victim was another.
Every officer in Roanoke was well ac-
quainted with that fact. .

QQ Tuesday morning, while the stu-
dents of Jefferson High School
walked to classes talking of nothing
but the brutal attack, Coroner Irwin
was speaking with Captain Webb.
“The direct cause of death was as-
phyxiation,” the medical man stated.
“If the victim had been choked to
death’ small bones in the throat would :
have been broken. They were not. .
“I can’t say what the killer used to
suffocate the girl, but there are pecu-
liar marks on the throat with hard
ridges in the bruises... Some instru-
ment of death was used to put those

bruises there. When you find out what °
-that was you'll have an important clue
to the killer.”

Captain Webb was dejected. “We’ve
exhausted every lead we have,” he
“We have no motive and we
crime now than we did five minutes
after we were called in on it.”

The gloom that lay over the Vir-

“ginia city like a dark cloud was em-
phasized in the homicide squad rooms.

Detectives Winstead and Carter re-

turned from Blacksburg after spend-

ing the night checking the back-

reputations of the boys

Why Did Lee
Kill Dana?

(Continued from page 47)

had no knowledge of the crime.

While detectives were running down
new leads throughout the city a dra-
matic scene that was to play an im-
portant role in the murder mystery
was being enacted at Jefferson High
School. ;

Late Tuesday morning Principal W.
D. Payne authorized. voluntary contri-
butions to a flower fund for the slain
junior’s funeral that was to take place
Wednesday afternoon at the Raleigh
Court Methodist Church, with burial
at Evergreen Cemetery.

In one of the “home rooms” where
students assemble at noon Mrs. Carle-
ton Drewry handed the typewritten
announcement containing details of
the funeral to Lee Scott, 16-year-old
senior who was president of the room,
and asked him to read it to the stu-
dents.

The boy hesitated and suggested
that the teacher read it herself; but
she pointed out the fact that as presi-
dent of the room it was his duty to
read the announcement.

As Lee Scott stood reading the as-
sembled students all noticed what
only a few had seen earlier that day.

There was a long, deep scratch
across Scott’s right cheek, extending
‘from beside his eyebrow to below his
mouth.

When the president of the room fin-
ished he went about the aisles accept-
"t contributions for flowers. ~

here was open whispering among
the girls; and talk among the boys.

Later, in the lunchroom upstairs,
one of the students made a reference.
to Dana Weaver’s murder and tied it
in. with the scratches on Lee Scott’s
face.

The senior laughed.

“Sure, I killed her,” he said. “Why

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DETECTIVE WORLD, December, 1949

teemed with activity early that warm spring morning of

May 4, 1949. Scores of persons either walking or driving
to work swarmed in and out of its gates, taking shortcuts to
their places of business. The foliage, now in full bloom, gave off
dewy fragrances.

Only the man and the woman, standing at the corner of M¢-
Almont Street, cn the eastern boundary of the park, seemed out
of harmony with the peaceful surroundings. They were engaged
in a heated argument.

People who passed them overheard snatches of their angry
words.

“Tye waited as long as I‘ can!” the man rasped.

“I’m going to call the law!” the woman snapped back. “I’m
going to put you in jail!”

The woman was dressed all in white, even to her shoes, and
appeared to be a nurse, particularly since the University Hos-
pital was only half a block away.

The man was about, medium in size, with sharp, tanned fea-
tures. He wore a soft hat well pulled down over his eyes, and
a light tan sports jacket with large patch pockets.

Their furicus voices rose higher, so that their words became
audible for a distance of twenty feet in all directions. Several
persons turned hesitatingly toward the couple, feeling that the
time for interference had finally come, but not wanting to break
into what was, after all, a private argument.

The man snarled: “I am going to fix you good! I’m going
to shcw you I mean business!”

Before anyone could act, he suddenly
whipped out a black automatic pistol and
began blasting away. Five quick shots
rang out as her screams tore into the
stillness.

The spectators saw blood suddenly well
up and stain her white uniform as she
staggered a few feet toward the gutter
and fell face downward into the street.

The people nearby were paralyzed into
motionlessness. ,

The man paid them no attention.
Swiftly, he dashed across the street, pull-
ing a handkerchief as he ran. He paused
for an instant, wiped the gun carefully
and tossed it into a hedge on the lawn.of
the Rev. C. H. Farmer, a well known
local pastor.

Before anyone could make a move, he

M “ence PARK, on the north side of Little Rock, Ark.,

Bill Barner, the dead woman's
husband, gave police a valuable
lead when he told them the
little he knew of his wife's past.

April 24, 1950

MAIL

tore down the street and disappeared into an alley between two
houses.

Mrs. Minnie Lee Jones, 1015 Gaines Avenue, was nearest to
the victim as she lay in the street. She rushed up and attempted
to lift the fallen woman. Blood pouring from the other’s chest

horrified. her.

“She’s dead!” Mrs. Jones screamed. “She’s dead!”

Instantly the street became a scene of wild. pandemonium. At
least three persons rushed to phones and called the police and
the hospital. Doctors and nurses rushed out of the institution:
A patrolman, attracted by the shots, ran up, took a quick look
at the victim and the internes examining her, and began pushing
the crowd back.

By the time the homicide men arrived, the woman had been
identified as Mrs. Sallie Mae Barner, 38, an undergraduate nurse
in the nursery of the nearby University Hospital.

/
°

Sally Mae
as she lay
street afte
shot five +
a_ mysteric
with Y lor
been havin

A dozen persons watched the slaying,
opposite this spot in MacArthur Park

urner, too. I want a few facts on
nd before I question him.”

The task of checking Sallie Mae’s
ur husbands who had preceded Bill
uner was not difficult. The mur-
red woman was the niece of Al Reed,
vestigator on the staff of the prose-
ting attorney.

Mr. Reed said, “We can discount the
st man. It was a happy enough mar-
ige on the surface but after fifteen
ars of it they both decided to quit. I
n’t think they have met since. When
e married the second time, she and
r husband bought a little home at
igusta, Arkansas, and were getting
ong fine when he died. Sallie Mae
is disappointed because she never had
child. I believe that is why she kept
ving marriage again and again.”
Mr. Reed could not tell much about
e third husband. He did not even
1ow the man’s name; that marriage
is short-lived. Then Sallie Mae had
cided she was through with mar-
ige. If she could not have a child of
‘r own, she would enjoy a vicarious
otherhood as a nurse.

During World War II a new profes-
om was opened to women who were
od nurses even though they were not
ititled to wear the graduate nurse’s
ip. Every hospital needed nurse’s
es.

Sallie Mae Barner, born Sallie Mae
zzell, at last came into her destiny.
3 @ nurse’s aide she could mother
»w-born babies, older children and
e most forlorn of all humans in need
mothering, elderly men.

She soon found herself with an in-
resting position at the Arkansas State
ospital for Nervous Diseases. :
She had thought she never would
arry again, but here in the sprawl-
g old hospital on a green hill-top
udded with magnificent trees she met
1 employe on the maintenance staff
umed Robert L. Smith. They were

Marshal C. S. Garner of Jacksonville,
Arkansas: He forgot about his coffee

married in 1946, and divorced the same
year.

In 1948 she had met Bill Barner.

While some of the investigators went
to Austin, Arkansas, to talk to Sallie
Mae’s parents, Mr. and Mrs. J. M. Biz-
zell, people occupying the apartment
house where the Barners had lived,
were questioned.

The Barners had quarreled several
times lately. Only a few days before
they had had an altercation that had
disturbed the neighbors.

Chief Fink decided that it was time
to question Barner,

- There was a time element in Barner’s

alibi that he could not explain satis-
factorily.' He told Fink that when his
wife had left for the hospital shortly
before seven o'clock, he remained at
home in their apartment, a few blocks
away, reading the newspaper. Shortly
afterward he left for-his job with a
trucking company in North Little Rock,
across the Arkansas River.

“Where were you at seven o'clock?”
Fink asked.

“I was on my way to work.”

N HIS way to work. Could he

prove it? Could he prove that he
had not walked with Sallie Mae to the
fatal spot? Could he prove that he
had not left the house shortly after
she had, followed her, argued with her?
The apartment where the Barners
lived was only a few blocks from Mac-
Arthur Park. A fast walker could
cover the distance in from five to seven
minutes, Bill Barner’s alibi was not
so good.

And Bill Barner could not deny
quarreling with his w:fe.

They had argued over Robert L.
Smith, Barner said, his wife’s fourth
husband.

“He wouldn’t leave her alone,”
Barner said hotly. “He kept writing
and telephoning her, asking her to

meet him. Just talk to her mother;
she knows.”

Fink intended to see Mrs. Bizzell, all
right. But just now he was looking
shrewdly at this husband of less than a
year whose gray eyes flashed with jeal-
ousy when he discussed his wife’s for-
mer mates.

Detectives hunting for clues at the
site of the crime soon uncovered some-
thing significant. They found a khaki

_ zipper jacket in an alley not far from

the park. The garment lay in a com-
pact bundle, its hue blending well with
the dead leaves and old grass.

“It hasn’t been here long,” said one
of the men, running his hand over the
garment. “It has no sign of dampness
or dew on it.”

It doesn't absorb moisture. If the
jacket. had been out overnight you'd
still find some dampness on it.”

The men went through the pockets.
One gave a whistle as he drew out the
newspaper clipping of a woman’s pic-
ture.

“We're getting into society now,” he
said. “Here is a picture of Mrs. B. L.
Perkins, Junior, from the society page
of the Arkansas Gazette.”

“The Chief will want this right now.
He'll want to ask Barner why he has
this picture of a well known society
dame in the pocket of the jacket he
threw away.”

“You think it’s Barner’s jacket?”

“We'll find out soon.”

A few minutes later Bill Barner was
looking at the jacket.

“It isn’t mine,” he said. “I never saw
it before.”

He was handed the newspaper clip-
ping. ‘Whose picture is this?”

“That’s Sallie Mae,” he said. “I don't
know how her picture got in the paper.

But it’s her, all right. I’m sure of it.”

“No,” said Fink. ‘This is Mrs. B. L.
Perkins.. But it does resemble Sallie
Mae Barner.”

“I don’t know,” Barner said. “It’s
not mine. Why don’t you find Smith
and talk to him?”

“We will,” Fink told him. “Don’t
worry; we'll find Smith.”

“He’s an ex-convict,” Barner said.

HE search for Smith and for Sallie
Mae’s other ex-husbands already
had been begun. Husbands One and
Three apparently had dropped from
sight. No one knew who they were or
what had happened to them and as
far as the detectives could tell they
had not been in touch with Sallie Mae
for years.

The same could be true of Smith, the
officers knew. But they had to make
an effort to find him.

They took Barner’s word at its face
value and looked up Smith in their
records. But the Robert L. Smith who
had been married to Sallie Mae was
not listed.

At the University Hospital, employes
remembered vaguely that he had come
from Houston County, Texas. Prosecu-
tor Dunnaway telephoned Crockett, the
county seat.

He made a startling discovery.

Robert L. Smith had been arrested
and sentenced to the penitentiary at
Huntsville, Texas, for bigamy. The
woman he had married bigamously was
Sallie Mae Bizzell.

FFICERS in Little Rock scurried
through their own records and
found verification of this fact. A
month after she had married Smith,
Sallie Mae somehow learned that he
had not been divorced from his first
wife. She went to the prosecuting at-
torney; Smith was arrested and sent to
(Continued on Pace.60)
51

usband Who
Didn't Count

Five Times Sallie Mae Had Been,
Married. Five Times Her Killer
Pumped a Bullet into Her Body on
That Beautiful Day in Little Rock,
Arkansas. Why? This Meant What?

By George Ellis

Special Investigator for
ACTUAL DETECTIVE STORIES

E son of the parson, Tom Far-

mer, sixteen, was standing near

the parsonage window on that
golden morning of May 5, 1949, when
something drew his attention to the
street.

He saw plenty to distract a high-
school kid at seven o’clock on a fine
Spring day—even the son of a clergy-
man,

Across that street in Little Rock,
Arkansas, stretched green MacArthur
Park, the picturesque old arsenal where
General Douglas MacArthur was born.
The park was swarming with people
walking or driving to work. Squirrels,
robins and mocking-birds made happy
sounds,

But Tom was listening to something
else—human voices.

Just beyond the driveway of the
white clapboard parsonage a man and
woman stood talking. The sun was
bright on her abundant red hair and
white nurse’s uniform. In this neigh-
borhood nurses were a common sight.
On the other side of the brick church
were University Hospital and the Uni-
—* of Arkansas School of Medi-
cine.

“Gee, they’re quarreling,” Tom said.

The nurse seemed frightened. Even
from the boy’s point of vantage, 20
feet away, her face looked white under
its light touch of rouge.

‘ = drew closer to the window to
isten.

The nurse said, “You go your way and
I'll go mine.”

The man pushed his zipper jacket
back. “See that?”

A GUN hung from his belt, thrust
into his trousers.

Tom Farmer’s fingers dug at the
window sill.

He wanted to cry out, but the sound
jammed in his throat.

Other people were looking, too. A
man across the street stopped and
stared. A girl paused, her mouth
shaped over an exclamation.

The nurse cried out, “I’m going to
call the Law!”

She turned to flee, took two running
steps. A shot rang out.

“Help!” she screamed.

For a fraction of a second she stood
like a white statue. Then she sank to
the gutter. ‘

The man walked up to her. He aimed
the gun. Four more shots exploded in
the golden, flower-scented air—four
shots that made a dozen witnesses in
the park and on the street freeze to
horrified attention.

“Mother!” Tom screamed. “He’s
shooting up the street!”

The gunman paused, staring down
at the red, wet stain on the back of
the nurse’s uniform. With a deliber-
ate gesture, he pulled a handkerchief
from his pocket and wiped the gun. He
wiped the stubby barrel and the trig-

Tse

Sallie Mae: Her-last words were, “I'm going to call the Law"

ger area. A dozen pairs of eyes saw
him throw the weapon away. When he
started running, no one stopped him.

“Tom!” The boy’s mother stood be-
hind him. “I must go to her. Everyone
out there is afraid. They've let the
murderer get away.”

“No, Mother! Don't go out there!
He might start shooting again!”

ve Mrs. Farmer went out the front
oor.

Before she reached the prostrate fig-
ure in the street, a girl had stooped
beside it.

“She ain't breathin’,” the girl said.

She reached out her hand but the
clergyman’s wife warned her not to
touch the body.

“She’s dead,” Mrs. Farmer said.

“Dead!” A man had come up to them.
“Miss Sallie Mae is dead!"

“You know her?” asked Mrs. Farmer.

“I'm an orderly at the hospital. She’s
Mrs. Sallie Mae Barner.” His voice
broke a little. “She’s a nurse’s aide in
the children’s ward. The children
sure loved her.”

The crowd gathered fast. Someone

from the hospital had brought a sheet
to cover the body. A police car pulled
up short with a soft whisper of tires
on smooth concrete. A second arrived
from another direction. Officers piled
out: Detective Chief C. A. Fink, Lieu-
tenant Kerr, Detectives Traweek,
Biggs, Dilbeck and Terrell, Patrolmen
Anderson and Hickey.

“Who saw the murderer?” asked De-
tective Chief Fink, glaring around at
the group of a dozen nurses, interns,
schoolboys and stenographers.

At least twelve people responded—
Nathaniel Benson, the hospital orderly;
Minnie Lee Jones, the girl who had
reached the body first; C. H. Hender-
son, Tom Farmer and his mother and
several others, who had been going
through MacArthur Park.

“Which way did he go?” asked Fink.

“He went thataway, Chief,” said
Benson, pointing north.

OMEONE else had more information

on the fugitive’s flight. After go-
ing north one block, the fleeing man
had turned east. :

“Describe him,” ordered the Chief.

“t Tom Farmer, who wilneced the murder, points to the spot in

Lia chlo his front yard where police found the gun the killer discarded

There was a pause. Then Nathaniel
Benson spoke. “He was a slender-
made man, wearin’ a_ yellow-like
jacket, work pants and a hat.”

“What color hat?”

“Yellow,” Tom Farmer answered.

“Light brown,” someone corrected.

The strongly marked lines around
Fink’s mouth deepened. “Benson,
could you identify him if we pick him
up?”

“Yes, Sir, Chief.”

“Tom Farmer, could you?”

“Yes, Sir.”

Fink issued orders fast. Detectives
were told to scatter out and pick up
any man in the neighborhood wearing
a@ yellow or khaki jacket.

In the crowd were nurses who could
give information concerning the Barn-
ers. Sallie Mae was 40 years old.
She had married Bill Barner, a truck
driver, about eleven months ago. She
had been married several times before.

The most significant information
was that the Barners had been quar-
reling lately. A detective was sent to
find him,

The coroner, Doctor Howard A. Dis-
hongh, arrived and ordered the body
removed to a local mortuary for an
autopsy. Soon all that remained in
the street of Sallie Mae Barner was
that puddle of thick, red blood.

TH= blood fascinated the crowd that
closed in as compactly as police
would permit. Every man, woman and
schoolboy stared, shock showing on
each face. Even policemen who had
seen plenty of human blood cast fur-
tive glances.

The car bringing Bill Barner arrived.
Barner, a dark-haired, hatless man of
middle age, saw the bloodstain the
moment he stepped from the car. He
swayed, grabbing at the car door. An
officer steadied his arm, drew him for-
ward.

Bill Barner had to look at his wife’s
blood making red mud in the dust of
the gutter.

Young Tom Farmer, standing by his
mother in the crowd, drew closer to
her shoulder.

“If he had on that jacket he’d look—”

“Hush!” she interrupted.

Fink was speaking to Nathaniel Ben-
son. “Is this the man you saw?”

Benson stared. His tongue mois-
tened his lips slowly.

“Well?” Fink put in impatiently.

“Could be the same man, Chief.
Same dark hair, same sunburned face.
But where's that yellow-like jacket?”

Yes, where was the yellow jacket?

Witness after witness looked at Bill
Barner, acknowledged his resemblance
to the killer but came to a dead stop
before that question of the jacket that
had hidden a killer’s gun.

Around the bloodstain in the street
wheeled a buzzing insect. The sun-
light picked out vivid gold splotches
on its body. :

“Yellow-jacket wasp!” whispered a
frightened voice.

Fink said, “Barner, I’m going to have
to ask you a few questions.”

A small, hushed sound went through
the crowd—the sound of breath reach-
ing deep into tense chests. The yel-
low-jacket wheeled from the gutter and
streaked toward the green park across
the way.

Fink returned to Headquarters with
the man he wanted to question at
length, but he left behind several de-
tectives who were instructed to hunt
for clues. ‘

Soon one of the men picked up five

discharged shells lying close together
on the street.

“The man could shoot,” he told his
companion. “Did you notice that you
could have put your hand over the
four wounds in her back?”

“The first shot must have struck her
arm,” said the other. “Maybe it went
into her body then. After she fell, he
oy over her and pumped away at her

ack.”

“The gun can’t be far away,” com-
mented another officer.

Tom Farmer spoke up. “He threw
it in our yard.”

An officer, searching near a clump of
shrubbery, found. it.

He lifted the gun carefully. The
pistol was a .38-caliber Colt automatic,
an old model. Later, when it was ex-
amined by Sergeant A. V. Walls of the
Identification Bureau, two unfired
shells were found in the magazine. But
no finger-prints were found. :

Before Detective Chief Fink ques-
tioned Bill Barner, he conferred
with Prosecuting Attorney Edwin E.
Dunnaway. Investigators sent out to
gather information from _ several
points regarding Sallie Mae Barner
already were bringing in plenty of facts
to prove that the killing was unwar-
ranted and brutal.

Sallie Mae, as she was known to her
friends, was one of the most popular

Prosecutor Dunnaway: "A man
could change his appearance”

The discarded husband: "But

someone's bound to spot you”

nurse’s aides at the University Hos-
pital, where she had been working for
about a year. Doctors liked her, nurses
liked her; in the children’s ward the
children all loved the pretty, motherly
young woman with the beautiful hair.

NURSE who had worked with her

told an investigator that she was

a natural-born mother who never had

children of her own, although she had
been five times a wife.

“Find out about her four former hus-

bands,” ordered Fink. “And check Bill

From the Husband Who Didn't Count (Continued from Page 51)

the penitentiary for three years and
Sallie Mae went into Chancery Court
and had her marriage annulled.

It never had been legal, but she was
a good woman, a Christian, who went
to church every Sunday. A legal an-
nulment of her unfortunate connec-
tion with Smith made her feel better.

So that one didn’t count.

The telephone call placed to Hous-
ton County discloséd another startling
fact about Robert L. Smith. Before he
had married Sallie Mae he had been
convicted of armed robbery and sen-
tenced to ten years’ imprisonment.
That was back in 1938: He served until
1941, when he was paroled. Later, on
two occasions, he was returned to
prison for parole violations. Just be-
fore his marriage to Sallie Mae he had
received a conditional parole.

The general facts did not look good
for Smith. He was an ex-convict, a
bigamist and a man who had not found
the world too easy. Both Fink and the
young prosecutor, weighing all facts,
concluded that it was easy to believe
that Smith could be the killer.

“We'll search for Smith,” Fink said.
“In the meantime we'll continue to
question Barner. Those who saw the
shooting hesitated a little too long over
the identification.”

“A man can easily change his ap-
pearance by changing clothes,’”’ Dun-
naway agreed.

The detective sent to the little farm |

near Austin, where the Bizzell couple
lived, telephoned in. For several weeks
since Smith had been freed from the
penitentiary, he had been trying to see
Sallie Mae to get back some money
and rings he claimed he had given her.
Failing to find where she lived, he had
written to her in care of the Bizzells
at Austin.

Some of the letters sounded almost ca

hysterical. In one he wrote, “I love

you more than my own life.” In
another, “I hate your guts. I'll get even
with you if I have to die for it.”

Law-enforcement officers through-
out Arkansas and Texas were in-
structed to be on the alert for Smith.
One of these was C. S. Garner, town
marshal of Jacksonville, Arkansas, lo-
cated between Little Rock and Austin.

Garner wanted very much to arrest
Smith. He knew the Bizzells, the gen-
tle old father and mother at Austin,
and the son. They were good people,
well liked in their communities.

The morning after the crime a taxi
driver came early to the Garner home
and told the marshal that a sus-
picious-looking man had been seen
sleeping in a deserted barn at Cabot.
Garner had been up most of the night,
on the trail of some cattle thieves that
had been operating in his country, but
he determined to investigate _ his
friend’s tip as soon as he had breakfast.

He was still drinking his coffee when
another friend telephoned him. There
was a man in Jacksonville acting sus-
Piciously. He had a crippled arm.

Smith, the marshal knew, had a
withered right hand.

Marshal Garner reached for his gun.

Mrs. Garner, making lemon pies,
looked up over the dish of egg whites
she was whipping. “You be careful,”
she cautioned.

He got into the dusty police car and
drove to the business section of the
little town. A few questions to pedes-
trians led him to a man lurking in an
alley behind a tire store.. The stranger
stood holding a shrunken right hand
with his good hand.

Garner confronted him and asked,
“Are you Smith?”

“Yes.”

“You’re under arrest. Come to the
.
Smith went docilely.

In the car, Garner said, “You have a
lot on your chest this morning, haven't
you, Smith?”

Smith stared at the floorboard of the
car and did not answer.

“Did you shoot the Barner woman?”
Garner asked.

Smith sighed. “Chief, yes. I did it.
There was no use for me to keep on
trying to get away. I read the news-
paper headlines this morning. Fink
of Little Rock is after me. He’s hot on
my trail. I couldn’t get away. I’m an
experienced law-breaker. I know how
it is—this business of trying to. hide
out.”

Garner nodded. “I'll take you in.”

Smith said, “I guess they'll burn me.
Maybe I had it coming. I shouldn't
have shot her.”

S THEY drove to Little Rock, he
talked freely.

He said that when he had married
Sallie Mae, he thought his wife had
obtained a divorce. But he had neg-
lected to verify this. Sallie Mae’s own
testimony had sent him to the peni-
tentiary for bigamy.

When he was released, three months
earlier, he had come to Little Rock to
find Sallie Mae. His purpose was two-
fold. He wanted the money and rings
he had left with her and he wanted to
get even with her for sending him up.

But he could not find her. Mrs. Biz-
zell, her mother, would give him no in-
formation. One day he came upon the
picture of Mrs. Perkins in the society
section of the Arkansas Gazette and

‘thought it was Sallie Mae, married

again.

“I sort of lost my head,” he confessed.
“I was mad with jealousy. I wanted to
get even more than ever. At last I
found where Sallie Mae worked. I stole
the gun from a Little Rock house,
cleaned it and got ready to see Sallie

Mae. I had not planned to kill her; I
just wanted to scare her.

“Yesterday I waited near the hospi-
tal where she would have to pass on her
way to work. I waited by the park until
she came. She told me she would not
give the money back and she would
have me jailed again. I lost my head
and let her have it.”

His drawn face looked suddenly
older. He closed his eyes a minute.

“You better let that husband of hers
go,” he said.

Y THE time Marshal Garner

reached the office of Sheriff Tom
Gulley, Bill Barner had been released.

Shortly after Smith’s arrest Doctor
Dishongh, the coroner, disclosed that
the autopsy performed on the bullet-
riddled body of Sallie Mae revealed
that she had an advanced case of
cancer of the liver. Pathologists ex-
pressed the opinion that she would not
have lived more than six or eight
months.

A murderer’s bullets had saved Sal-
lie Mae the pain to which her malig-
nancy had doomed her.

When Smith learned this he seemed
slightly cheered. Maybe, he reasoned,
justice would be lenient with him now.

He was mistaken. Less than four
hours after Smith was arrested, Prose-
cuting Attorney Dunnaway set his trial
for May 23, 1949, not quite three weeks
after he had shot Sallie Mae.

On that day, after a trial lasting six
hours, Robert L. Smith was found guilty
of murder in the first degree and was
sentenced to die in the electric chair.

He was executed on April 28, 1950. .

The name Mrs. B. L.. Perkins, Jun-
ior, in this story is fictitious to protect
a@ woman who had no connection with
the actual slaying or the principals in
this case. ,

"They Boosted His Business—But Good!"' (Continued from Page 11)

formed the officers that Mr. Cruze had
left several weeks ago for a’ vacation.
He wasn’t sure, but possibly Mr. Cruze
had gone to Palm Springs. No, he
hadn't left any forwarding address and
he hadn’t been heard from since he left.
Yes, he still maintained his suite in the
building.

Johnson told Sprinkle: “‘We’ll have
to get a search warrant to enter it.”

“It won’t do us any good,” Sprinkle
replied. ‘He wouldn’t leave anything.
Besides, I don’t think he’d do the job
himself. Ziggy is too smooth. If he
wanted Whitlock knocked off, he’d hire
it done. Our best bet is still those
people who were with Whitlock. If we
can find them, we'll at least know where
Whitlock went when he left Spirdoni’s.”

Before calling it a night, the detec-
tives reported in to O’Mera and sug-
gested that he put out a wanted notice
for Ziggy. ‘He can stand questioning.”
Sprinkle said. “And if you do locate
him, he’ll be handy in case we turn up
anything else on that feud of his with
Whitlock.”

EARLY in the morning, the detectives
talked to the cleaner. He showed
them several dresses and two coats, so
small that they unquestionably be-
longed to midget-like girls.

“They were in a big rush for them,”
the cleaner declared. “I put it all
through on a special job. Twenty-
eight bucks I’m stuck for. What do I
do now? This stuff is so small I won’t
even be able to peddle it for the dough
I got in it, unless maybe I find some
midgets.” ~

The detectives examined the girls’
clothes carefully. Johnson located a
label in one coat showing that it had
been purchased from a store in Salt
Lake City.

“Maybe they came from there,”
Johnson said. ‘We'd have an easier
time finding them if we know who they
are.”

Sprinkle nodded. “It’s a cinch they
got out of Seattle in a hurry. Girls

-wouldn’t chase off leaving things like

these behind. Maybe they’ll be back.”

The cleaner was warned to call Police
Headquarters in the event anyone
came in to claim the dresses or coats
or called about them.

Back at Headquarters the detectives
gave O’Mera the new information. He
put through a call to Chief L. C. Crow-
ther in Salt Lake City, giving him the
descriptions of the two girls.

Chief Crowther promised to put De-
tectives Hunsacker and Gallagher on
the trail and see what could be learned
about the girls.

With the telephone call completed,
O’Mera said: “That doesn’t look like
Ziggy’s involved. Those babes and
their boy friends must have blown town
the same night that Whitlock disap-
peared.”

“Maybe,” Sprinkle declared. ‘Maybe
Ziggy had the job done and the girls
saw it. They could have been scared
out of town or even paid to blow.”

“No matter what, we’ve got to find
them first,” Johnson added.

A short time later, Chief Mady called
from Great Falls.

“Those two short girls you’re look-
ing for were in Great Falls, all right,”
he reported. “They weren’t around
here long, though. My boys located a

- joint outside the city where they worked

hustling drinks.”

“A couple of tall drinks for a couple
of short girls,” O’Mera asked.

“That’s them!” Mady_ declared.
“That’s the routine they were using.”

“How about the fellows?”

“I may have something on them, too.
The dark-haired man you described
may be William Callihan. He was seen
heneee around the joint with the
girls.”

“Got anything on him?” .

“Plenty. He’s a soldier fromethe Air
Base who went AWOL about the time
the girls left town. I’ve got a mug
picture of him from the Air Base I’m
sending you airmail. The Air Force
will probably get in touch with you, too;
they’re looking for him.”

“How about the red-headed fellow.

with the tattoo marks?”

“He could be Dan Garrity. At least
that’s the name he used around here.
He and Callihan were seen with the
girls quite often. The girls went by
the names of Donna Best and Geraldine
Cook, but those are probably phony.”

“Anything on where they came
from?”

“Not yet. So far as we can find out
they just drifted into town and then
left. If we learn anything more, I'll
call you.”

“You've been a big help,” O’Mera
said. “I’ll be waiting for Callihan’s pic-
ture. If he’s the right boy, we have
plenty of people here to identify him.”

HE case was progressing.

Big Red had said that she thought
the names of the two men were Billy
and Dan. Quite possibly they were
William Callihan and Dan Garrity.

But still—whose blood was on the
back of Whitlock’s car?

Who had held the automatic that
ejected the three empty shells the San
Francisco detectives had found on the
floor of the. car?

And where had the shooting taken
place?

And, of course, the biggest question

of all: Where were the people involved?
Where was Whitlock? Where were the
two fellows and the two girls who had
been with him? And Ziggy?

O’Mera was about to call Inspector
Nelder with the information from Great
Falls when Chief William Browne of
Portland, Oregon, came through on the
telephone.

“We got your bulletin on those two
midget-like girls,” he told O’Mera. “We
may have something for you.”

“Let’s hear it.”

“Two girls who are ringers for your
descriptions bought a lot of clothes in
a store here on Monday, the nineteenth.
They passed a hundred-dollar bill in
payment for it. The bill had a hole
through it that could be a bullet hole.”

“How did you find out about that?”
O’Mera asked.

“We've been sitting on it. After the
clerk took the bill, she got worried and
called us. We've been holding the in-
formation because it didn’t fit with
anything going on around here. Then,
when your bulletin came in, it seemed
to tie up.”

“It sure does. Were two men with
them?”

Browne said: “I questioned the clerk
again this morning. She remembers
only the two girls. They were so small
they had a hard time finding clothes;
that’s why the clerk remembers them
so well. I’m positive they are the girls
you want in your bulletin.”

It fitted the pattern of the case, all
right.

The girls had fled from Seattle, leav-
ing their clothes in the cleaning-shop.
They stopped at Portland en route to
San Francisco to buy new clothes. The
date was right, too. Whitlock had dis-
appeared on the night of March 17 and
the girls were in Portland on March 19:

Ribbed Belore: Judge: 1ioffmnn
saMbates! district, court: to «
aon ont mpt. fm’ obstructin

Meiny the performance: of his:

e-
CE ae

ib titi: Fran} swas ordered! to re-
5 |. -wn, Pas d's’ court-room. ¢ Mrs,

om fot her old-time’ spirit.’

tal the: judge: iookerl!. trri=. f
Smog Pplended not guilty for ’
Sra&set fot Oct. 12. Attor-
Mit iti a letter to District
gE Stockton ‘say+ he will

the plaice with h
forthis place, ant
Gritlia’s niother, '
rook dinners *); They

.P hinted, tliat He’
} Griffis from the 6

sa
house of M

they: secured

pr ret im the. cirenit court in? p lady also: furdisher

“e TCe says: the: prsdoyreme ytd
Hees Joaquin county fac the;
. potas ibesettied it: it has'to be} }

pautived States: supreme: court.
CAMPMENT. 2
‘Was, Short--Pension

itive’ Detenteds 20
Oe, ng. 0. —The closing}.

Honal. encampment, was:

fe was® prolonretl discuss avert mi
quarterof >t mile

they tan up ort Irw
horses: iturris heard theshooting,

‘ ie Raltition farcring the aliow-

aT, pepeiore: ee #13) per: month to all:

perpretes ty live at home and will’

Beater right to .enter’ national,

. tet: with so nruch op-

Mbp wvote of ‘the encampment:

ek he laid on the table. The:

aie pment having beer p
des ‘Warner: delivered:

Siaet dm: retiring: from’ the:

batt: general then called,

the: platform: andi: the,

mailings |: wre: performed...

Bemovom iis the encamp>

pBetK sic: “dies: The’ counsét of:

apes: foes inimediately thereafter,;

technicaland of no

Feaught in’ a ginstand:

¢ which tore the flestt

“fingers to his elbo

Duh MYON fa 5
‘ An ‘win

‘Ang. (00,—Will
ai, sent to the county:

[i purstita ith,

Mb One! nigh¢,.;

wus murdered, Griffin. was killed while.

oe . horse lot stealing horses near: Webber's:
aligec Gh? 25 SG Ups Sah ge ve wane Be

Sand. a: quart. of. whisky.

struck. out

." blood.

pis ei. |) the ferryman,
officer and prisone
that they were an

the’ road’ test’
ing? ass, >) but
th {denti-
About
within «

hing: was wrong went down edrly
nd found the dew! bly of
fell, His’ sixshooter was in
hamber lovdudy”

mote as ofa fee

ning that

a
he: rescuers: and? the:
ds and*

nst him: and. he! f
arge~’ After: 're~: >

ort time hegave bond.

i ness is eh

is eniargin

1) yyith good trad

‘Sew YORE ;AUgA IRL GC: Daw.
weekly. review of trade says?) Last

ation bare, been ent!

to sell freely-at pi
trenstity;, which; ha

here, i: ‘Boston ‘¥. pe
though: de

belief that
de obtained
justitied.and he bus done what,

Faure; » Butthe money, disbursed seenis
coyime .
erations» kesides; the one: in,
binds: haves been ‘liquidated.
all parte: of the; country: co t
prove with? the. stimulus: of: 1
Chico reports ar immense’ in
a ceipts of- grain and'provisions, with
erable crite in sales of dty goods and

‘{¢ rathor quiet an
ayaa
~At Cleveland an
foess-is expanding
provement is noted. im wook:

and steel atid; their: proda
tngs,:

the’: dem rt

0 ae SEE

| bacco.’

Ta: gris

and thedry:
yell matutained:
‘vost ig observed

tives) Ehe, situati

3 pec ares

ha ‘ever aurpassed poyere
‘2 derful: demand, ‘a

: e vty

uc
met: by:

rned to his old: }: ng

the: terri
fnst: one senr fro

‘for drunkenness, com- '17).188H, when he became tired of -sconting

with « leat pencil.
sing mau was dead:

Pettigrew, who
“avhere .be: bas since remained.

never’) been’. heard“ of ,. and. bit) cis’ |

and: surrendered to Deputy. Marshal James:

lodged. him. in_ jail: here,
Paimer has.

pgnst, over ‘tis heat four of! thought) bus. either been killed: or eft

and its
{1 was found broken antl. fips
f pphowlnir- 56 was DFICT cass

hi Wrecteie IN).

. ; freight }.°
Saiitalo, Neve York and Peon-)
sad came together at Colgrove,

fi Fifteen carsare Les
weit J. Bi Comstock killed. |
pre buried under the: |<

ad Men!

bys Wapntr cat. ;
oF it abit witnesses: ‘who; noticed the}

8) thes oui

cwatirelys..
alten. figure in the

— road testified that

*and: two. -the inas who cal

fin: om! the day
t: Jack Spaniarrd. Fus the:r,

ontradicted, by others who}.

<horsers: |:

rhe: dog) taken a

2
fa

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ny knowledge

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sucgistions im regard situs |’

‘at’ the® pri red heen; lee
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‘lg to relieve the’speculative rather than the: |:
rciar needs: nb lenst untit-other ops f
vernment fF:

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SNELL v. LOCKHART

1379

Cite as 791 F.Supp. 1367 (E.D.Ark. 1992)

dence or on the credibility of the witness.
Earlier, the Miranda warnings had been
given to a witness for the state at the
request of defense counsel. Even if the
jury sensed the purpose of the words we
do not believe a mistrial was warranted.

Snell v. State, 721 S.W.2d at 634. This
Court concludes that the prejudicial effect,
if any, of the trial court starting to read
Scott his Miranda rights did not deprive
the petitioner of a fair trial. Accordingly,
defense counsels’ performance in regard to
Scott was not deficient.

6. Instructions

[16] The petitioner next claims that de-
fense counsel were ineffective for failing to
request certain jury instructions. Specifi-
cally, defense counsel failed to request an
instruction on the lesser-included offense
of second degree murder, and instructions
concerning other crimes evidence.

The petitioner contends that the proof at
trial would have entitled him to an instruc-
tion on second degree murder had one been
requested. Snell does not say what proof
that is. Again, the petitioner has failed to
show that the error, if any, produced a
result that is unreliable.

7. Prosecutor’s Closing Remarks

[17] The petitioner claims that defense
counsel were ineffective for failing to ob-
ject to the prosecution’s remarks that: (1)
were calculated to elicit sympathy for the
victim (2) were about the CSA and its activ-
ities (3) vouched for the credibility of the
prosecution’s own witnesses and state-
ments of personal opinion about the peti-
tioner’s guilt (4) were assertions of facts
not in evidence (5) used language abusive
of the petitioner and defense counsel and
(6) asserted that evidence of alleged prior
bad acts constituted evidence of petitioner’s
bad character.

In the face of uncontroverted evidence of
guilt, this Court cannot find that this al-

- Jeged deficient performance of . defense

counsel prejudiced the defense. The peti-
tioner is not entitled to relief on his claims
of ineffective assistance of counsel at the
guilt phase.

D. Prosecutorial Misconduct

[18] The petitioner argues that his
Fifth and Fourteenth Amendment rights
were violated as a result of prosecutorial
misconduct. Snell argues that the prosecu-
tor failed to disclose two items of exculpa-
tory evidence. The United States Supreme
Court, in Brady v. State of Maryland, 373
U.S. 83, 87, 83 S.Ct. 1194, 1196-1197, 10
L.Ed.2d 215 (1963), held that “the suppres-
sion by the prosecution of evidence favor-
able to an accused upon request violates
due process where the evidence is material
either to guilt or to punishment, irrespec-
tive of the good faith or bad faith of the
prosecution.” Later, in United States v.
Bagley, 473 U.S. 667, 682, 105 S.Ct. 3375,
3383, 87 L.Ed.2d 481 (1985), the Court stat-
ed that evidence is material ‘only if there
is a reasonable probability that, had the
evidence been disclosed to the defense, the
result of the proceeding would have been
different. A ‘reasonable probability’ is a
probability sufficient to undermine confi-
dence in the outcome.” See also Pennsyl-
vania v. Ritchie, 480 U.S. 39, 57, 107 S.Ct.
989, 1001, 94 L.Ed.2d 40 (1987).

Here, although the petitioner moved for
the production of any exculpatory material
pursuant to Arkansas Criminal Procedure
Rule 17, nothing was produced. The first
allegedly exculpatory item was a statement
of state witness Joe Cerrato. As stated by
the Arkansas Supreme Court:

Before cross-examination began, defense

counsel asked whether the witness had

given a statement. He said he had been
orally interviewed. Evidently with diffi-
culty, a taped interview by police was
located and furnished to appellant. The
next day the defense moved for a mis-
trial on the allegation that “possibly ex-
culpatory information” had been with-
held in that Cerrato reported that Wil-
liam Stumpp had been threatened over a
pawn by a black man some two weeks
before his death. The state counters
that it had no knowledge of the informa-
tion, that it was “rank hearsay” and does
not tend to “negate the guilt of the de-
fendant” as provided in A.R.Cr.P. Rule
17.

. a
w thie :Crowd to tho

Aust!

SS -Sr8 |
‘but we can sell Challies at
> yard?

sell beautiful New Sateens
t yard,

sucker Shirting, in brown,
id gray, at 6c yard.

| Plaid Suiting, all colors,
-2¢ yard.

>f Black Silk Thread for
nol dees
pools Black Silk Butlon-hole

for 5c. re
ies’ and Gents’ fine imported

-y at less than importa-
rices. <°

at Slaughtering Shoe Sale.
ts’ Furnishing Goods very

Weather Clothing at alinost
wn price.

Defy All Compeiition at
very low prices.

‘

EE OD EE

E BANKRUPT

RY GOODS STORE,

pnd 610 Elm Btroet, Dullas, Tex.

THE NAGLE CASE.

emma oman

Althea in Court— Field Js Crowding
the Mourner.
Francisco, Cal., Aug. 20.—Sarah
. appeared in court yesterday for the
“ne pipes ex-Jucge Terry's death.
:~ arraigned before Judge Iloflman
inited States district court to an-
-charge of contempt fn obstructing
al Frank in the verformance of his

A Cherokoe Indinn and a Negr:
Hangod, Each for Murder.

——_—-

ONE RESISTS TO GET SHOT,

Diet ts Neaconed Out of Ile Foolhardiness.
Jioth Norvy and Die Game--Account
of the Crimes for Which Hach
Suffered the Penalty.

——s

Fort Sari, Ark., Aug. 20,—Jack Span
tard, a white Cherokee Indian, and William
Walker, a negro, were hanged to-day at
12:24 p.m. The crimes for which they suf
fered denth were committed in the Indian
territory. Spaniard was convicted of kt!
ing Deputy Marshal Erwin In the Cherokee
nation in 1887, Walker killed Calvin Duck.
another negro, at Durant, Chocraw pation,
iu the same year.

Spaniard and Walker spent the enrly por-
tion of last evening in religious exercises.
Spaniard retired abous 11 o'clock, Walker
an beur Inter.

Spaniard did not rest well,
slept like a log.

Both arose eatly and ate a hearty break-
fast.

Shortly after the morning mesl thetr spir-
itual svisers arrived and conducted relix-
jous exercises with them until about 11
o'clock, when Ars. Marquardt, # lady o!
this city, sent them 4 dinner. This they
ate with relish.

At 11:0 o’clock they were called forward
to hear the reading of thadeath warrant.
Walker appeared with seeming indiltfer-
ence

Spaniard, when tho guards entered his
coll to bapdculY him, svized @ chair apa
threatened death to aay one who touched
him. His object wast) induce the wuart
taxshoot him. He bezzed Jailer Pope to
shoot him but the later, after resaonin
with him three quartersof an hour, imiduced
him to listen to reasou aud bo subni‘tted t.:
veing manacied.

On arriving at the gallows some time was
spent in religious devotions, when tte
nooses were adjusted, the black caps piace:t
nod the trap sprung. Neither of them
made any confession. Both were nervy.
showing no signs of fear.

The necks of both were broken by the
full. After swinging fifteen munutes the
bodies werecut down and that of Walken
tuken to the potter's feld, while that a
Spaniard was taken to the depot by his
half brother, Dick Haya, and Will Givics.
another relative, to be shipped to the Cher-
okee nation.

but Walker

JACK SPANTARD

waa na half-blood Cherokee, about °S8 years
of age, of fine physique and handsome ap
penranc2. He was convicted on the Ith
day of last April of murdering Deputy
United States Marshal William Erwin, a
of the Lravest and most popular marsha's
that ever traversed the trails of the Indian
country. The evidence ayalnst Spaniar:!
was ull circumstantial but very conclusive,
the jury only being out about one heur.
“pe circumstances of the case were such As
to show that the defendant and bis accom-
plica were men of the most desperate an!
reckless eharacter—inen who held bumau
life at a very low e«timate.

On the motning of tho day of the murder
Irwin was at Webber's Falls, Cherokee
nation, having In custody an rtorious younK
outlaw named Fclix Gritlin, who had bees
wanted inthis court for sone time ta an.
swerachargs of robbery. Jack Spaniar.|
was also at Webber's Fails, and it was
hinted that he would sttempt to reso uk
Gritlin from the oflicer, Trewin quietly lece

the place with hia prisoner just before noon
hy the hare oF

fore che re tar rye oxyeom?

the government OF . 8 ee ee ee ‘+.
cele and ix saentetant, Me &. Mo Clay ware
lad their chain of eeidence reacting trom
\ehtwesa fats ta tae piace of murder. +
well inked that 1b was ri pours.due for...
Cefenae to weaken it,

During hie continement ‘a {il here, he
fore and «ines hie tread, Spanien ae de
nlaved toa remaraable deuree that eparn s ¢
<toicism ao peentiar toa his tace at Alb tatitos
when convereng wih elles COR EMITS
his crime, speaking in at sneoneermed and
careless manner. ile wae spoken of as one
e? the most handeome ana nervy mena eres
conducted from the prison to tue gallows

WILLIAM WALAER
waenntalwart founc nects over ale fewe
Puch and bultt In proportion, Ile was con:
vieted ou Feb, 12 last, on eyewitnese ert:
Jence of a most wanton aid wicket munlet
for which he coud offer ao etctee at the

tral, and has never? compiained of his fate

12 made any e(fuort to avert his terrible |

doom. He became & member of a columsl
church here some weeks ago ant has mario
some oppareatly sincere ¢ Torts in twhall of

his «oul,
He was tried and convicted of the nvisier

oC a necro named Calvin Church, at lharsant,
Choctaw nation, on Dee TA INse, and wis
yh immediately afters cummutting the
deed,

Calvin Charch and Rat Gardnet were
near neichbora, Walker lied at Gardner «
On the day previous te rhs killing Walkee
and Chureh baa a few anzty words alvrnt
an at. On the merng of the killing
Walker, whose duty it was to attenal tv
Giardoer’s cows, took a wicenester and went
to the cow pen, whieh let him by the house
of Church, He atten ted the cows, anton
the way beck stopped at the fettow in frone
of Chureh’s bouse and cul sd him, Churca
came to the door and Wa.der bean qnae
reling with im cuves soins trivinl matter.
Mrs, Church spoke to bet husband, telling
Lim to have norhiteg to dv with Walker.

Church replied trat he waa not afraid of
him, when Walker: spoke up and sat: “he
vou are not afraid why don’t gon come out
here?” Church wert inte the hone sit his
ive and waiked cut tu & htt e stor near
xy, Wwhero Walker was standing. Waiker
beyan quarreding and frally told Charen
thatif he ever cronsedt hie path again he
would killhim, Cherec’* "db hire he raat bal
runs ribbed up acainat him taany 2 tithe
and vo one bau scanei bim yee. At
this time Church was atawhinw with
one foot on the store porch, amoking
his pipe. Wathker anid: ‘Mayle rou
think I won't shoot.’ and sulting
t.enction to the word theew the gun to his
taco and shot Chvech in the hermed, Milling
hin. After hia arrest: hetold the omerre
tnat Tat Casdoer nad hired Bim to kill
“burch, and wasto give him eg! and A
quart of whisky; ‘hat he had gotten the
whisky but had not got the money. in
making application for witnesees beforw the
trial he claimed that Church wae trying to
ahoot him, <At tbe trial he cialmed that
Church was comin at cimwith ao ate,
and also denied having tud the cflicere that
Gardner hired him to kil the maa ‘lwo
eye witnesses, howerer, tiflel ta the
murder, as relatec abore, and the neck of
Walker had to saetco today Ia conse
qucuce,

MELVIN C. CARLITZ.

CUMBERLAND, Md, Aug. 3.—Melvin C.
Carlitz, who murdered his wife ou the “Ab
of inst March, was hecged at? EH this morn:
ing. Death was instantaneous, Ite made
no statement and died gnme.

or ittz aasisted in the arrangemen’ of the
s'rapsarcund hls limbs and ascended t) -
centiulu steps withent flinehinw. In re
Boonse tothe aber’. qrestion, be wart le
had nothing toeay. ihev alter reqteat oS
that the rope be tiebten doa little and care
be taken that he wae throowa headiong, he
atid: “Good bye, gooloye. deur sherri tl
Good-bye, daring.” The trap fel atv,
and af v.59 be was pronoun wit fe sh

sacs WEEN, gate:

TRADE REVIEW.

Eeneiness In All Parte of the Country oa-
Rhevere

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oo ee ah oe She
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tiovesthiseat baw?
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1380

We reject appellant’s argument for
two reasons: first, we are told nothing of
the threat itself, what prompted it, or
how seriously it might be regarded, nor
was Mr. Cerrato questioned about the
threat or the source of his information.
To sustain the argument would be to rely
on what may prove to be pure rumor,
wholly lacking in substance. The appel-
lant’s characterization of the information
as possibly exculpatory suggests that
likelihood. It is the appellant’s burden to
demonstrate prejudicial error, not merely
to allege it.

Snell v. State, 721 S.W.2d at 633 (emphasis
in original).

The petitioner merely alleges that the
statement was both material and favorable.
The evidentiary hearing produced nothing
further in regard to the Cerrato statement.
The Court concludes that the evidence was
not material since there is not a reasonable
probability that the outcome would have
been different.

The other allegedly exculpatory item was
a statement of John Holmer. Again, the
Court quotes the Arkansas Supreme Court:

At an omnibus hearing the defense al-
leged the state was withholding a state-
ment by Holmer, inferring the statement
was exculpatory. The state categorically
denied the claim and said it had not de-
cided whether to call Holmer as a wit-
ness. The state alleged Holmer and the
defense were in direct communication,
which was not refuted. The issue was
resolved, to the apparent satisfaction of
both sides, when the defense proposed
simply that the trial judge examine Hol-
‘mer’s statement during the trial. The
trial judge did that in chambers and said
it was free of any exculpatory informa-

tion.... We agree with the trial court,

'‘ the statement ‘is entirely free of any in-
formation tending to negate the guilt of
Richard Wayne Snell.

“Snell v. State, 721 S.W.2d at 633-634. See

also Snell v. State, 290 Ark. 184, 717
S.W.2d 818 (1986) (per curiam) (ordering

8. Since Holmer did not testify, his statement
was not provided to the petitioner. See Ark.

791 FEDERAL SUPPLEMENT

that the record on appeal be supplemented
to include Holmer’s statement).

Again, the petitioner states that the Hol-
mer statement contained material and ex-
culpatory evidence. The petitioner did not
produce the Holmer statement at the evi-
dentiary hearing. Accordingly, the only
portions of the statement available for re-
view by the Court are those set out by
Justice Purtle in his dissenting opinion:

Some of the examples of questions and

answers in the Holmer statement are:

Q: He never did specifically mention

robbing?

A: No.

Q: Has Wayne Snell ever mentioned to
you the possibility of robbing Bill
Stumpp?

A: No... well, he might have, I don’t
know, he always talked about wild
things, he might have.

Q: Okay John at this time I would like
to show you a watch fob that came from
the Pawn Shop on the day of the murder,
can you identify it?

A: I don’t know ... he dealt in pocket
watches, most of the stuff he dealt in
was gold ... that appears to be silver
but he did deal in gold and silver. I don’t
know.

Q: But you can’t say that you’ve ever
seen it in his or Mary Jo’s possession?
A: I can’t say that positively that I
have.

Q: Has he ever mentioned the Pawn
Shop murder to you?

Q: Would he mention the pawn shop
murder to you?

A: No, he thought I was’ a federa
agent when he first met me.

Q: If Wayne Snell did in fact commit
the Murder at Joe’s Pawn Shop, why do
you think he couldn’t have gotten rid or
sold or destroyed the murder weapon?

Stat.Ann. § 43-2011.3(a) (recodified at Ark.Code
Ann. § 16-89-~115).

Sh
Cite as
A: That goes against everythir
ever seen ... he always said °
something or take something |
never take anything that is se
can be tied back to you ... that
didn’t make a lick of sense to m
was told that was the weapon.

Q: John at this time I wouk
show you two 22 weapons tl
found in the van with Wayne Sn
you can identify either one of
A: I’ve never seen one rigged
but I have seen a similar wea;

Q: There is no major criminal
they are involved in?

A: No, not that I am aware
don’t think so, I really don’t.
first met them I used to smok
used to do a lot of things but I
Jim Ellison about that one tim:
said he thought that he was
servant of the devil. |

Q: You’ve never heard them

killing?

A: No.
Snell v. State, 721 S.W.2d at 6
petitioner has not established that |
evidence been disclosed to him t
probably would have been differe —
sar v. Sissel, 792 F.2d 119, 121
1986). Therefore, the petitioner i:
tled to relief on this claim.

Any remaining issues raised in t
concerning the guilt phase are dis ©
as having no merit.

II. PENALTY PHASE
A. Procedural Default —

{19} The respondent asserts p:
default defenses to the penalt
claims of prosecutorial misconduct —
tencing instruction error. During |
alty phase, Snell asserts that the
tor argued four. invalid.aggrav:
cumstances: cold-blooded and prer
conduct, especially heinous ‘and
conduct, great risk of death to ot
pecuniary gain. However, thes

SNELL v. LOCKHART 1387
Cite as 791 F.Supp. 1367 (E.D.Ark. 1992)

Arkansas is a weighing state. That is,
aggravating circumstances must outweigh
any mitigating circumstances. In Fret-
well, the jury found pecuniary gain as the
only aggravating circumstance. Conse-
quently, when pecuniary gain was discount-
ed, there were no aggravating circum-
stances and thus no possibility of a death
sentence.

[30] In contrast, Snell’s jury found two
aggravating circumstances. So, even with-
out pecuniary gain, a valid aggravating
circumstance remains.’® Further, the Snell

jury found no mitigating circumstances.

7 _ The respondent asserts that under the doc-

trine of Clemons v. Mississippi, 494 U.S.
738, 110 S.Ct. 1441, 108 L.Ed.2d 725 (1990),
the Arkansas Supreme Court may uphold
the death penalty by reweighing the cir-
cumstances or by applying harmless-error

analysis. Under Clemons, reweighing is

E. properly done by state appellate courts.

SES

This Court may not swa sponte reweigh the
circumstances or apply harmless-error
analysis. Clemons, supra, See also May-
nard v. Cartwright, 486 U.S. 356, 108 S.Ct.
1853, 100 L.Ed.2d 372 (1988). Consequent-
ly, the respondent requests a return to the
Arkansas Supreme Court.

The petitioner contends that such an at-
tempt to “salvage the death sentence”
would be futile since the Arkansas Su-
preme Court’s position is clear.

We cannot, as the State urges us to do,
hold the error to be harmless on the
theory that the jury found two other
aggravating circumstances and no miti-
gating ones. The jury must find not
only that the aggravation outweighs the
mitigation but also that the aggravating
circumstances “justify a sentence of
death beyond a reasonable doubt.”
§ 41-1802(1)(c). In a death case we are
not in a position to speculate about what
the jury might have done if it had found
only two aggravating circumstances in-
stead of three.

18. The petitioner does allege that the other ag-
gravating circumstance, knowingly creating a
great risk of death to a person other than the
victim, is also invalid. The petitioner's argu-

Williams v. State, 274 Ark. 9, 12, 621
S.W.2d 686, 687 (1981), cert. denied, 459
U.S. 1042, 103 S.Ct. 460, 74 L.Ed.2d 611
(1982). The practice of the Arkansas Su-
preme Court in those cases is to “direct
that the sentence be reduced to life impris-
onment without parole” unless the state
requests a new sentencing hearing. 621
S.W.2d at 688. |

However, the Arkansas Supreme Court
cases predate Clemons. In addition, in
1987, the Arkansas legislature directed the
Arkansas Supreme Court to apply harm-
less-error review in death cases. Ark.Code
Ann. § 5-4-603(d). The petitioner con-
tends that applying the statute to him
would violate the ex post facto clause.
U.S. CONST. art. I, § 10, cl. 1. Whether
the Arkansas Supreme Court will apply
Clemons or the statute are decisions exclu-
sively within the province of that court.
See Smith v. Dixon, 7166 F.Supp. 1870,
1386 (E.D.N.C.1991).

The Arkansas Supreme Court may deter-
mine that Ark.Code Ann. § 5-4-603(d) can-
not be applied to the petitioner and/or that
the court is without authority to reweigh
the circumstances or apply harmless-error
review. See Clemons ¥. Mississippi, 593
So.2d 1004 (Miss.1992) (on remand). If the

Arkansas Supreme Court declines to re-

weigh the circumstances or apply harmless-
error review, it is, of course, free to order
that Snell be resentenced. In the event of
a new sentencing hearing, the state would
not be entitled to use pecuniary gain as an
aggravating circumstance as that would
“perpetuate the prejudice caused by the
original sixth amendment violation.” F'ret-
well, 946 F.2d at 578.

Any remaining issues raised in the briefs
concerning the penalty phase are dis-
regarded as having no merit.

III. CONCLUSION

In sum, the petitioner’s guilt phase
claims relating to CSA evidence and prose-
cutorial misconduct are procedurally de-

ment is without merit. William Thomas testi-
fied at trial that he was supposed to shoot who-
ever came upon the robbery. Trial Tr. 900.

Neu York Times 4/21 [95 -*

Al6

White Supremacist Executed
For Murdering 2 in Arkansas:

By The New York Times

“Governor Tucker, look over your
shoulder; justice is coming,’”’ Mr.
Snell was quoted as saying by wit-
nesses to his execution. ‘I wouldn’t
trade places with you or any of your
cronies. Hell has victories; I am at
peace.”

Mr. Snell, 64, was pronounced dead
at 9:16 P.M. by the Lincoln County
coroner.

Mr. Snell was convicted of the 1984
murder of a Texarkana, Ark., pawn-
broker, William Stumpp, during a
robbery and of the 1985 killing of an
Arkansas state trooper, Louis Bry-
ant, who had stopped Mr. Snell’s car
for a traffic violation.

Mr. Snell appeared last week be-
fore the Arkansas clemency board,
but quoted Hitler’s deputy, Rudolf
Hess, and demanded to be either
executed or set free. He also said he
would “probably” shoot Trooper
Bryant again ‘‘under the same cir-
cumstances.” The six-member
board responded by recommending
unanimously that Governor Tucker
not reduce Mr. Snell’s sentence. Mr.
Tucker followed the panel’s advice.

Arkansas authorities said Mr.
Snell had maintained his ties to radi-
cal-right organizations during the 10

years he awaited execution on death ~

row. In the days immediately pre-
ceeding Mr. Snell’s death, fliers. pro-
claiming his innocence and accusing
President Clinton and Mr. Tucker of
treason and other crimes began cir-
culating in the state.

Last-minute appeals by Mr.
Snell’s lawyers were refused. A win-
dow of opportunity appeared to open
earlier on Wednesday when the Unit-
ed States Supreme Court ruled, in
Kyles v. Whitley, that misstatements
by district attorneys to juries re-
garding prosecution witnesses were
grounds for review. By coincidence,
Mr. Snell’s lead lawyer, Jeff Rosen-
zweig of Little Rock, had long argued
that Arkansas prosecutors ‘‘artifi-
cially enhanced the credibility” of
the principal witness against his cli-
ent by overstating the time the wit-
ness, an accomplice to the killing of
Mr. Stumpp, would serve under a

plea bargain.

Associate Justice Clarence Thom-

as, acting for the Supreme Court, |

declined to hear a further appeal.

“Mr, Snell had asked that no ap-
peals be undertaken unless Kyles
was decided, so we would have been
derelict had we not attempted to
obtain a stay,” said Mr. Rosenzweig,
who was assisted by William Curri-
er, an associate in the Manhattan
law firm of Case and White, and Beth
Haroules, a staff lawyer with the
New York. office of the American
Civil Liberties Union.

In the late 1980’s Mr. Sneil and
several co-defendants were tried for
sedition in Fort Smith, Ark. The
charges stemmed from their associ-
ation with the Covenant, the Sword
and the Arm of the Lord, a paramili-
tary organization that had head-
quarters in the north Arkansas hill
country. Mr. Snell had already been
convicted of the Stumpp and Bryant
murders and had been sentenced to
death. All the defendants, Mr. Snell
included, were acquitted.

While insisting they had taken no
extraordinary. precautions against

possible efforts to interfere with the |.

execution, the police were visible at
the Cummins Unit of the Arkansas
prison system. Mr. Snell was taken
to the execution site here on Monday
by National Guard helicopter before
dawn.

Previous Plot Targeted
‘Oklahoma Building

By Jo Thomas and Ronald Smothers
. New York Times

Oklahoma City

Twelve years before the federal building in

Oklahoma City was bombed, a group of white

supremacists with close ties to the neo-Nazi :
group Aryan Nations drew up a plan to bomb |
the same building in much the same way, ac-

cording to evidence gathered by a federal pros-
ecutor.

The plot, conceived at the end of October
1983, called for parking a van or a trailer in
front of the Alfred P. Murrah Federal Building
and blowing it up with rockets detonated by a
timer, the prosecutor, Steven N. Snyder, recall-
ed in a recent interview.

Strangely, and perhaps only coincidentally,
Richard Wayne Snell, an Oklahoma man identi-

fied by a government witness as a participant in
that plan, was executed in Arkansas on April 19,
the day of the actual bombing. He was 64, called

himself a prisoner of war and had been convict-. }

ed of two murders.

Although no evidence links Snell to last
month’s bombing or to either of the suspects
now charged with it, his impending execution
had been protested by right-wing paramilitary
groups, which called him a patriot and termed
the federal government “the Beast.”

Timothy McVeigh, the prime suspect in the
‘Oklahoma City blast, has never mentioned

Acree page Eat: : S- 2 O- 4 .Y

From Pagel

_ Snell, and federal offi¢ials who in: |
vestigated Snell on other charges .

said they consider it “unlikely”
that he or his supporters had been
‘involved. 7

Snyder — who had uncovered
evidence of the 1983 plot, includ-
ing Snell’s role in it, while prepar-

“|| ‘ing for trial in a sedition case.

against a group of white suprema-
cists — declined to say whether he
. had brought the similarities be-
tween the 1983 plans and the:

City.

The details of the 1983 plan
came from James D. Ellison, the
founder of the Covenant, the
Sword and the Arm of the Lord, an
anti-Semitic paramilitary group
that now appears to be defunct but.
once flourished in northern Ar-

_ kansas. ©

Ellison’s account first came to
light when Snyder, an assistant
US. attorney in Fort Smith, inter-
viewed him in preparation for his

_ role as the principal prosecution -

witness against 14 other white su-
premacists, including 10 charged

government by force. The tria™
was held in 1988, and all the defen-
dants were acquitted.

In addition to Snell, who was
already on death row, the defen-
dants included Richard Girnt But-
ler, chief of the Aryan Nations, a
neo-Nazi umbrella organization
for white supremacist groups that
is based in Hayden Lake, Idaho;
Robert E. Miles, a former Ku Klux
Klansman who headed the Moun-
tain Church of Jesus Christ the Sa-
viour in Cohoctah, Mich., and Lou-
is Ray Beam Jr., former grand

_ dragon of the Texas Ku Klux Klan

and “ambassador at large” of the
Aryan Nations. —

bombing last month to the atten-
tion of investigators in Oklahoma .

~ According 6 hotes Snyder took

before the trial, Ellison said he at-

tended a meeting of extremist
groups in Hayden Lake in July.

1983 and told them of the death of
Gordon Kahl, a member of anoth«
er right-wing group, the Posse
Comitatus.

Kahl was a tax protester who
fled North Dakota in early 1983 af-
ter a shootout with federal agents
and was subsequently shot to
death in a gunbattle with agents in
Smithville, Ark.

“Kahl was the catalyst that
made everyone come forth and
change the organizations from

. thinkers to doers,” Ellison said, ae-

cording to Snyder’s notes.
In late-night meetings, Ellison

_told Snyder, the leaders at Hayden

Lake discussed how to topple the
government, using as a source

‘“The Turner Diaries,” an extrem-

; , _ ist novel that envisions the govern-
with plotting to overthrow the:

ment’s overthrow by right-wingers

who then systematically kill Jews.

and blacks.

Ellison told Snyder that he him-
self had volunteered to assassinate
federal officials in Arkansas.

According to Snyder’s notes,
Ellison told him that the Ellison or-
ganization had discussed plans to

bomb. federal buildings and the.

Dallas office of the Jewish Defense
League.

At the 1988 trial of the 14 white
supremacists, Ellison testified that

Scott, an associate, ‘asked me to de- O™
’ 8ign a rocket launcher that could 4
be used to destroy these buildings
froma distance.” s
And before the trial, Ellison *,
told the prosecutor that at Snell’s
request he had entered the federal
building in Oklahoma City to , «
gauge what it would take to dam- =
age or destroy it. 4
-» Afterward, he testified in
court, he made preliminary’ *

. Sketches and drawings. Rocket @

_ launchers were to be “placed in a
trailer or a van so that it could be ¥
driven up to a given spot, parked Cc

_there, and a timed detonating de-

_ Vice could be triggered so that the \,

_ driver could walk away and leaveag
the vehicle set in position, and he i)

would have time to clear the area

before any of the rockets launch-

ed. 3

_ “And I was asked to make it so “2

,it would fit in either a trailer or a Q

van Or a panel truck.” §

Although his trial testimony
did not specify which building Elli- Ne
son had entered — that detail.
came only in the pretrial question-
ing — Snyder confirmed in a re- =
cent interview that it was the fed- &
eral building in Oklahoma City.

in October 1983, Snell and Steve [/\

1388 791 FEDERAL SUPPLEMENT

faulted. The petitioner is not entitled to
relief on his guilt phase claims relating to
pretrial publicity, ineffective assistance of
counsel and prosecutorial misconduct.
Thus, the capital murder conviction must
stand.

The petitioner’s penalty phase claims of
prosecutorial misconduct and sentencing in-
struction error are procedurally defaulted.
The petitioner is not entitled to relief on
any of his penalty phase claims of ineffec-
tive assistance except for the failure of
defense counsel to make a Collins objec-
tion. Because of that failure, the Court
must set aside the death penalty subject to
further review by the Arkansas ‘Supreme
Court. Therefore:

IT IS ORDERED, THAT THE PETI-
TION FOR WRIT OF HABEAS CORPUS
IS DENIED AS TO THE VERDICT AND
CONVICTION OF CAPITAL MURDER.

IT IS FURTHER ORDERED, THAT
THE PETITION FOR WRIT OF HABEAS
CORPUS IS GRANTED AS TO THE VER-
DICT AND SENTENCE OF EXECUTION ,
AND THE MATTER IS RETURNED TO
THE ARKANSAS SUPREME COURT
FOR FURTHER PROCEEDINGS BY IT
OR AT ITS DIRECTION.

Steven Douglas HILL,
Plaintiff/Petitioner,

A.L. LOCKHART, Director, Arkansas
Department of Correction,
Defendant/Respondent.

No. PB-C-92-240.

United States District Court,
E.D. Arkansas,
Pine Bluff Division.

April 30, 1992.

Federal habeas relief was sought after
conviction for capital murder and death

sentence were affirmed on direct appeal,
289 Ark. 387, 713 S.W.2d 283. The United
States District Court for the Eastern Dis-
trict of Arkansas, 719 F.Supp. 1469, denied
relief, and petitioner appealed. The Court
of Appeals, 927 F.2d 340, affirmed. Peti-
tioner filed second petition. The District
Court, Henry Woods, J., held that: (1) de-
fendant had already raised some issues and
procedurally defaulted with regard to oth-
ers; (2) Arkansas statute requiring defen-
dant’s death to be pronounced according to
accepted standards of medical practice does
not require determination of death to be
made by doctor; and (3) lethal injection is
not cruel and unusual punishment.

Petition denied.

1. Habeas Corpus ¢897

Claim in second habeas petition that
jury finding of no mitigating circumstances
was ambiguous and that federal courts ap-
plied incorrect presumption of correctness
was thoroughly argued in first habeas peti-
tion in connection with issue whether jury
was permitted to ignore mitigating evi-
dence of youth and, therefore, was raised
in violation of rule against successive peti-
tions. Rules Governing § 2254 Cases, Rule
%b), 28 U.S.C.A. foll. § 2254.

2. Habeas Corpus ¢898(1)

Petitioner procedurally defaulted and
abused writ of habeas corpus by raising
issues for first time in second habeas peti-
tion. Rules Governing § 2254 Cases, Rule
%(b), 28 U.S.C.A. foll. § 2254.

3. Habeas Corpus ¢899

Burden was on habeas petitioner to
excuse failure to raise claim in first habeas
petition.. Rules Governing § 2254 Cases,
Rule 9(b), 28 U.S.C.A. foll. § 2254.

4. Criminal Law 1208.1(5)

Using prior unadjudicated crimes as
aggravating circumstances to support
death sentence does not infringe upon fed-
eral constitutional rights.

5. Habeas Corpus ¢898('
Petitioner procedurally
out showing cause and
abused writ of habeas cor
for first time in second peti
sas Supreme Court failed
parative review of death s
view of adverse trial rulin
erning § 2254 Cases, Rule |
foll. § 2254; Ark.Sup.Ct.R

6. Criminal Law ¢1208.1!
There is no constitutior

parative review or plain

death sentence cases.

7. Habeas Corpus ¢897

Claimed due process vi’
of Arkansas Supreme Cour
of error coram nobis basec
new evidence consisting o
another person could not |
ond habeas petition withor
against successive petitio:
alleged confession was ex
depth in connection with p:
tion, and petitioner argue
process grounds in prior
Const.Amends. 5, 14; R
§ 2254 Cases, Rule 9(b), <
§ 2254.

8. Criminal Law 1218
Arkansas statute rs
dant’s death to be pronoun
accepted standards of medi
not require determination
made by doctor. A.C.A. ‘

9. Criminal Law ©1213.%
Death by lethal inject:
and unusual punishment,”’
vein is difficult and more th
insertion is necessary.

Amend. 8.
- See publication Words
for other judicial cons!
definitions.

,{Mark Cambiano, Morr’
plaintiff/petitioner.

*i Jack Gillean, Asst. Atty
Ark., Little Rock, Ark., f:
spondent.

1386

inadequate trial strategy under the circum-
stances. See Sanders v. Trickey, 875 F.2d
205, 207 (8th Cir.), cert. denied, 493 U.S.
898, 110 S.Ct. 252, 107 L.Ed.2d 201 (1989).

5. Pecuniary Gain

[29] Aggravating circumstances are
limited to those established by statute.'®
Here, the jury found the existence of two
aggravating circumstances beyond a rea-
sonable doubt: that the petitioner ‘“know-
ingly created a great risk of death to a
person other than the victim” and that “the
capital murder was committed for pecuni-
ary gain.”

On September 23, 1991, the Eighth Cir-
cuit issued a decision in the case of Fret-
well v. Lockhart, 946 F.2d 571 (8th Cir.
1991), petition for cert. filed, 60 U.S.L.W.
3655 (U.S. Mar. 2, 1992) (No. 91-1393). In
August 1985, Fretwell was tried and con-
victed of capital felony murder, committed
in the course of a robbery. The Arkansas
jury found the aggravating circumstance
of pecuniary gain and sentenced Fretwell
to death.

Seven months prior to Fretwell’s trial,
the Eighth Circuit in Collins v. Lockhart,
754 F.2d 258 (8th Cir.), cert. denied, 474
U.S. 1018, 106 S.Ct. 546, 88 L.Ed.2d 475
(1985), held that the aggravating circum-
stance of pecuniary gain was constitution-
ally unacceptable in robbery/murder cases.
Since the motive of pecuniary gain was an
element of robbery, use of it again in the

penalty phase constituted double counting |

which did not genuinely narrow the class of

16. Ark.Stat.Ann. § 41-1303 (recodified at Ark.
Code Ann. § 5-4-604) provided:

Aggravating circumstances shall be limited to
the following:
(1) the capital murder was committed by a
person imprisoned as a result of a felony
conviction;
(2) the capital murder was committed by a
person unlawfully at liberty after being sen-
tenced to imprisonment as a result of a felony
conviction;
(3) the person previously committed another
felony an element of which was the use of
threat of violence to another person or creat-
ing a substantial risk of death or serious phys-
ical injury to another person;
(4) the person in the commission of the capi-
tal murder knowingly created a great risk of
death to a person other than the victim;

791 FEDERAL SUPPLEMENT |.

persons eligible for the death penalty. Ac-
cordingly, the court held it unconstitution-
al.

Subsequently, in Lowenfteld v. Phelps,
484 U.S. 281, 108 S.Ct. 546, 98 L.Ed.2d 568
(1988), the United States Supreme Court
permitted the use of an element of a capital
crime as an aggravating circumstance.
The Eighth Circuit then overruled Collins
and now permits the use of pecuniary gain
as an aggravating circumstance. Perry v.
Lockhart, 871 F.2d 1384, 1393 (8th Cir.),
cert. denied, 493 U.S. 959, 110 S.Ct. 378,
107 L.Ed.2d 363 (1989).

Nevertheless, Collins was good law for
approximately four years. So, at the time
of Fretwell’s trial, Collins was the law in
the Eighth Circuit. Therefore, Fretwell al-
leged ineffective assistance of counsel for
the failure to object to pecuniary gain
based on Collins. In Fretwell, the Eighth
Circuit agreed, stating “[w]e conclude that
a reasonable state trial court would have
sustained an objection based on Collins
had Fretwell’s attorney made one. There-
fore, the district court correctly found that
Fretwell’s sixth amendment right to effec-
tive assistance of counsel was violated.”
946 F.2d at 577. Like Fretwell, Snell was
tried, convicted and sentenced to death in
August 1985. Collins was good law at the
time of Snell’s trial. Thus, under Fretwell,
Snell’s Sixth Amendment right to effective
assistance of counsel was violated based on
a failure to make a Collins objection.”

(5) the capital murder was committed for the
purpose of avoiding or preventing an arrest or
effecting an escape from custody;

(6) the capital murder was committed for pe-
cuniary gain; or

(7) the capital murder was committed for the
purpose of disrupting or hindering the lawful
exercise of any government or political func-
tion.

17. At the evidentiary hearing, Tom Carpenter,
an expert in death penalty litigation, testified
that the trial court telephoned him after the
guilty verdict in Snell to discuss Collins and the
use of pecuniary gain as an aggravating circum-
stance in the penalty phase. Hearing Tr. 1259-
1263.

Cite
Arkansas is a weighing stat:
aggravating circumstances mu:
any mitigating circumstances.
well, the jury found pecuniary
only aggravating circumstan
_ quently, when pecuniary gain w
- ed, there were no aggravat
stances and thus no possibilit)
sentence.

[30] In contrast, Snell’s jur
aggravating circumstances. S
out pecuniary gain, a valid
circumstance remains.’* Furth
jury found no mitigating ci
The respondent asserts that uv
trine of Clemons v. Mississi7
_ 788, 110 S.Ct. 1441, 108 L.Ed.:
' the Arkansas Supreme Court
- the death penalty by reweig
cumstances or by applying h
analysis. Under Clemons, '
properly done by state app:
This Court may not sua spont
circumstances or apply h
analysis. Clemons, supra, s
nard v. Cartwright, 486 U.S.
1853, 100 L.Ed.2d 372 (1988).
ly, the respondent requests a
‘Arkansas Supreme Court.

The petitioner contends th
tempt to “salvage the de:
would be futile since the
preme Court’s position is cl

We cannot, as the State u
hold the error to be ha:
theory that the jury fou
aggravating circumstance
gating ones. The jury
only that the aggravation
mitigation but also that t}
circumstances “justify :
death beyond a reaso
§ 41-1302(1)(c). Ina dea
not in a position to specu!
the jury might have done
only two aggravating cir
stead of three.

“18. The petitioner does allege
gravating circumstance, kno
great risk of death to a pers
victim, is also invalid. The

SNELL v. LOCKHART
Cite as 791 F.Supp. 1367 (E.D.Ark. 1992)

tion in the event that Snell changed his
mind. Hearing Tr. 395.

Defense counsel were not free to ignore
the wishes of the petitioner. The petitioner
has the constitutional right to self-repre-
sentation. Faretta, supra. If the petition-
‘er has that right, he certainly has the right
to make such a fundamental and personal
. decision as whether to present mitigating
- evidence following a capital murder convic-
tion. Defense counsels’ acceding to Snell’s
~ desires on this issue was not deficient per-

_ formance under Strickland.

2. Closing Remarks

[25] The petitioner next contends that
defense counsels’ closing remarks were in-
effective. According to Snell, defense
counsel did not effectively argue for his
life. Further, the closing remarks were
“rambling” and ‘sncoherent.” Marshall
Moore began his argument by telling the
jury that the petitioner’s life was in their
hands. Mr. Moore then discussed the two
aggravating circumstances listed on the
verdict form and suggested that life impris-
onment without parole was appropriate
punishment. He also noted that state wit-
ness and accomplice, William Thomas,
would not get. more than 30 years. Mr.
Moore concluded his remarks by emphasiz-
ing that the Old Testament code of an eye
for an eye was repudiated with the birth of
Christ. Trial Tr. 1144-1146. Defense
counsel’s closing remarks were far from

being deficient.

3. Prosecutor’s Closing Remarks

[26] The petitioner argues that defense
counsel should have objected to the prose-
cutor’s closing remarks. Specifically, de-
fense counsel should have objected to the
prosecution’s argument of four aggravat-

13. In Jeffries, supra, the district court concluded
that the petitioner there had made a knowing
and intelligent waiver, and that defense coun-
sel’s performance in abiding by the petitioner's
choice was not deficient.

14. That the capital murder “was committed in
an especially heinous, atrocious, or crue] man-
ner” has since been added as a statutory aggra-
vating circumstance. Ark.Code Ann. § 5-4-

604(8).

1385

ing circumstances. Two of the aggravat-
ing circumstances were statutory and are
discussed below.

The petitioner contends that the two oth-
er non-statutory aggravating circum-
stances were argued to inflame the jury.
The petitioner states that the first circum-
stance argued was that the murder was
committed in a particularly “cold-blooded”
and “premeditated” manner. The second
non-statutory aggravating circumstance
that should have been objected to was that
the crime was especially “heinous” and
“atrocious.” 4 Again, even assuming that
defense counsels’ performance in failing to
object was deficient, the petitioner has not
established that the result was unreliable.

4. Jury Question

[27] The petitioner contends that de-
fense counsel should have objected to the
trial court’s answering of a jury question.
The jury sent out a note asking if life
without parole “really means 70 parole.”
Pet.Exh. 38. The trial court, by agreement
with both sides, answered that ‘the defen-
dant will be incarcerated in the Arkansas
Department of Corrections for a period of
life or until and unless the Governor of the
State of Arkansas commutes the sentence
to a term of years or a number of years.”

Pet.Exh. 39.

[28] At the evidentiary hearing, Rick
Shumaker explained that defense counsel
agreed to the trial court’s answer because
it appeared that the jury was thinking
along the lines of life imprisonment with-
out parole instead of the death penalty.
Hearing Tr. 95, 455. The decision to agree
to answer the jury question was a tactical
one.5 As such, the petitioner has not
shown that defense counsels’ actions were

15. The petitioner also seeks relief for the an-
swering of the jury question on another ground.
The petitioner contends that in answering the
jury question, the trial court committed error
which violated his Fifth, Eighth and Fourteenth
Amendment rights. The respondent, relying on
California v. Ramos, 463 U.S. 992, 103 S.Ct.
3446, 77 L.Ed.2d 1171 (1983), asserts that no
constitutional error resulted. The Court agrees.

1384 791 FEDERAL SUPPLEMENT

A. That is correct.
THE COURT:
Mr. Snell, let me ask you for the Court’s
benefit and for the record much the same
questions as Mr. Moore has asked you.
To reiterate the question once again, you
do not wish to put on any testimony
pertaining to mitigating circumstances?
Is that correct?
MR. SNELL:
No, your honor.
THE COURT:
You know what mitigating circumstances
are, what that means?
MR. SNELL:
Yes, sir.
THE COURT:
Have a seat back where you were.
MR. SNELL:
Thank you, sir.

Trial Tr. 1185-11387.

Rick Shumaker testified at the evidentia-
ry hearing that the petitioner insisted from
the beginning, four to six months prior to
trial, that he did not wish to present evi-
dence of mitigating circumstances in the
Stumpp case because “he did not want to
put his family and friends through that
again.” Hearing Tr. 372. The petitioner
also stated to defense counsel that he did
not want to spend the rest of his life in a
cage. Hearing Tr. 373, 375.

Other facts indicate a knowing and in-
formed waiver. As noted above, the peti-
tioner had recently been convicted of capi-
tal murder in the Bryant case. There, the
petitioner presented a case in mitigation of
the death penalty and was sentenced to life
imprisonment.’ So, the petitioner, having
just been a defendant in the Bryant capital
murder trial, understood the bifurcated tri-
al process and the purpose of mitigating
evidence. Moreover, in the Bryant trial,
the petitioner acted as co-counsel and even
delivered the opening statement. The peti-
tioner’s active role continued in the Stumpp
case where he again acted as co-counsel,

12. Mitigation witnesses in. the Bryant trial in-
cluded Mary Snell, petitioner’s wife, Dorothy
Chambers, petitioner's daughter, and Mary Lou
Hicks, petitioner's step-sister. Mitigation wit-
nesses in the evidentiary hearing were Mary

exerting his will and participating in the
voir dire.

The Court must also consider the nature
of the petitioner’s crime. The petitioner
was convicted of capital murder in the
death of William Stumpp. The petitioner
acted with brutal deliberation, shooting Mr.
Stumpp three times in the back of the head.
If the petitioner can act with such cold
calculation, he is certainly capable of waiv-
ing his right to present evidence in mitiga-
tion.

Based on Snell’s stated desires long be-
fore trial, the examination of the petitioner
by defense counsel and the court immedi-
ately prior to the penalty phase, the peti-
tioner’s experience in the Bryant trial, his
active role in his own defense in both capi-
tal murder trials, and the nature of the
crime, the Court concludes that the peti-
tioner made a knowing and _ intelligent
waiver of his right to present evidence of
mitigating circumstances.

[24] The next question is whether de-
fense counsel were bound to abide by the
petitioner’s choice. This Court is guided by
the Strickland standard. Deborah Sall-
ings, formerly a capital murder specialist
for the Pulaski County Public Defender’s
Office, testified at the evidentiary hearing
that it is not uncommon for defendants
charged with capital murder to express a
desire not to present mitigating evidence if
convicted. Hearing Tr. 688. According to
Ms. Sallings, defense counsel must never
defer to those wishes, but have a duty to
make great efforts to persuade the defen-
dant to present mitigating evidence. Such
efforts would include having mitigation
witnesses available and ready to testify.
Admittedly, defense counsel, based upon
the petitioner’s directives, did not have mit-
igation witnesses prepared. Nonetheless,
Rick Shumaker testified at the evidentiary
hearing that defense counsel would have
requested a continuance to prepare mitiga

Lou Hicks, Pet.Exh. 89, Mary Snell, Hearing Tr.
1353-1399, Dorothy Chambers, Hearing TT.
1220-1243, and Misty Chambers, the petitioner's
grand-daughter. Hearing Tr. 1212-1219.

* ¢
tion in the event that Snel!
mind. Hearing Tr. 395.

Defense counsel were not
the wishes of the petitioner.
has the constitutional right
sentation. Faretta, supra. |
er has that right, he certainly
to make such a fundamental!
decision as whether to pres«
evidence following a capital r
tion. Defense counsels’ acce:
desires on this issue was not
formance under Strickland. '

2. Closing Remarks

[25] The petitioner next
defense counsels’ closing rer
effective. According to &
counsel did not effectively
life. Further, the closing »
“rambling” and “incoheren’
Moore began his argument
jury that the petitioner’s lif«
hands. Mr. Moore then disc’
aggravating circumstances
verdict form and suggested t!
- onment without parole wa
_ punishment. He also noted :
ness and accomplice, Wil!
would not get. more than 3
Moore concluded his remarks
_ ‘ing that the Old Testament «
for an eye was repudiated wi
Christ. Trial Tr. 1144-11
‘counsel’s closing remarks v
‘being deficient.

3. Prosecutor’s Closing f

» {26] The petitioner argue
counsel should have objectec
tutor’s closing remarks. 5)
fense counsel should have o
'prosecution’s argument of f

13. In Jeffries, supra, the district
- that the petitioner there had 1
»,and intelligent waiver, and th:
sel's performance in abiding b:
choice was not deficient.

. That the capital murder “w
especially heinous, atrociou
ner” has since been added as a
vating circumstance. Ark.Co:
604(8).

EGE aS ESS Fy ae gee as a 9.

trial is bifurcated. Following conviction,
the same jury sits again in order to hear
additional evidence and determine the sen-
tence. Ark.Stat.Ann. § 41-1301 (recodified
at Ark.Code Ann. § 5-4-602). The state
may present evidence of aggravating cir-
cumstances and the defense may present
evidence of mitigating circumstances. If
the jury determines that aggravating cir-
cumstances exist beyond a reasonable
doubt, that aggravating circumstances jus-
tify a sentence of death beyond a reason-
able doubt, and that aggravating circum-
stances outweigh mitigating circumstances,
a sentence of death is imposed. If not, the
‘jury imposes a sentence of life imprison-
ment without parole."

1. Waiver

[23] The importance to the defendant of
+> mitigating circumstances in avoiding the
“death penalty is obvious from the statute.
However, in this case the petitioner elected
not to present a case in mitigation. The

Johnson v. Zerbst, 304 U.S. 458, 464-465,
58 S.Ct. 1019, 1023, 82 L.Ed. 1461 (1938)).
Recently, a federal district court in Jeffries
vy. Blodgett, 771 F.Supp. 1520, 1552
(W.D.Wash.1991), faced this issue in a capi-

petitioner now claims that he did not make
a valid waiver and that the failure to
present evidence of mitigating circum-
| stances was the result of ineffective assist-
| : ance of counsel.
|. A waiver of the Sixth Amendment right
| x to assistance of counsel must be made
| a “knowingly and intelligently.” Faretta v.
| California, 422 U.S. 806, 835, 95 S.Ct.
| 2525, 2541, 45 L.Hd.2d 562 (1975) (quoting
EE

direct appeal is discussed in connection with
procedural default, supra. The petitioner has
not shown: that the outcome would have been
different had defense counsel requested oral
argument on direct appeal.

11. Ark.Stat.Ann. § 41-1302 (recodified at Ark.
Code Ann. § 5-4-603) provided:
(1) The jury shall impose a sentence of death
if it unanimously returns written findings
that:
(a) aggravating circumstances exist beyond a
reasonable doubt; and
(b) aggravating circumstances outweight [out-
weigh] beyond a reasonable doubt all mitigat-
ing circumstances found to exist; and

SNELL v. LOCKHART
Cite as 791 F.Supp. 1367 (E.D.Ark. 1992)

1383

tal murder penalty phase context and
framed the inquiry. “The initial, and most
important, question is whether [Snell] made
a knowing and informed decision.” Sec-
ond, “even assuming a conscious decision
by [Snell], were defense counsel bound to
abide by his choice?”

Minutes after having been found guilty
of capital murder, defense counsel and the
court asked the petitioner outside the pres-
ence of the jury whether he wanted to
present mitigating evidence in the penalty
phase.

THE COURT:

Mr. Snell, come around and have a seat

on the witness stand. You may proceed

questioning him as to mitigating circum-
stances.

BY MR. MOORE:

Mr. Snell, as you are aware, this is the

time when you are capable of putting on

mitigating circumstances. Do you un-
derstand that?

A. Yes, sir, I do.

Q: Mr. Shumaker and I have discussed

this with you, have we not?

A. Well, yes, I guess you have, al-

though I think it is a little late at this

moment for me to say anything.

Q. What do you mean by that, sir?

A. I just mean that. At this point I

don’t care.

Q. In my conversation with you a few

minutes ago, was it not your desire to

not put on any mitigating circumstances?

A. That is correct.

Q. That is still your desire at this time,

is that correct, sir?

(c) aggravating circumstances justify a sen-
tence of death beyond a reasonable doubt.
(2) The jury shall impose a sentence of life
imprisonment without parole if it finds that:
(a) aggravating circumstances do not exist be-
yond a reasonable doubt; or
(b) aggravating circumstances do not out-
weight [outweigh] beyond a reasonable doubt
all mitigating circumstances found to exist;
or

(c) aggravating circumstances do not justify a
sentence of death beyond a reasonable doubt.
(3) If the jury does not make all findings
required by subsection (1), the court shall
impose a sentence of life imprisonment with-
out parole.

1382

incorrect, incomplete, over broad and
vague. These contentions are rejected. In
answering the jury’s question, the trial
court did explain the distinction between
aggravating and mitigating. The distince-
tion as explained was correct. Defense
counsels’ handling of the answer to the
jury question was a purely tactical matter.
Defense counsels’ performance was not de-
ficient. Therefore, the petitioner has not
established cause for his default.

[21] The petitioner also contends that
defense counsel were ineffective for failing
to include statutory mitigating cireum-
stances on the verdict forms.? Pet.Exh. 56.
The United States Supreme Court has held
that mitigating circumstances are open-
ended. See Mills v. Maryland, 486 U.S.
367, 108 S.Ct. 1860, 100 L.Ed.2d 384 (1988);
Eddings v. Oklahoma, 455 U.S. 104, 102
S.Ct. 869, 71 L.Ed.2d 1 (1982); Lockett v,
Ohio, 438 U.S. 586, 98 S.Ct. 2954, 57
L.Ed.2d 973 (1978) (plurality opinion).

However, it is error to draft the verdict
to include nonrelevant mitigating circum-
stances and thereby invite the jury to se-
lect one where there is no evidence. The
jury may not be precluded from consider-
ing “any relevant mitigating evidence.”
Eddings, 455 U.S. at 114, 102 S.Ct. at 877
(emphasis added). The petitioner contends
that there existed three relevant mitigating
circumstances. The first two are: “ex-
treme mental or emotional disturbance”
and “unusual pressures or influences.”
Dr. Brad Fisher, a psychologist, testified at
the evidentiary hearing that Snell was suf-
fering from a paranoid delusional disorder.

9. Ark.Stat.Ann. § 41-1304 (recodified at Ark.
Code Ann. § 5-4-605) provided:

Mitigating circumstances shall include, but
are not limited to the following:

(1) the capital murder was committed while
the defendant was under extreme mental or
emotional disturbance;

(2) the capital murder was committed while
the defendant was acting under unusual pres-
sures or influences or under the domination
of another person;

(3) the capital murder was committed while
the capacity of the defendant to appreciate the
wrongfulness of his conduct or to conform
his conduct to the requirements of law was
impaired as a result of mental disease or
defect, intoxication, or drug abuse;

791 FEDERAL SUPPLEMENT

Hearing Tr. 1335. The Court concludes
that the weight of this testimony was insig-
nificant. The failure to demand a listing of
nonrelevant mitigating circumstances was
not deficient performance.

[22] The petitioner, relying on Wood-
ard v. Sargent, 806 F.2d 153 (8th Cir.1986),
claims that the failure to request the miti-
gating circumstance of “no significant his-
tory of prior criminal activity” was ineffec-
tive assistance of counsel. In Woodard,
defense counsel did not seek the inclusion
of this statutory mitigating factor. The
court stated that “the failure to seek the
inclusion of this obvious mitigating circum-
Stance certainly fell below the threshold of
reasonably competent assistance.” Wood-
ard, 806 F.2d at 157. The court then found
prejudice concluding that defense counsel’s
error undermined confidence in the out-
come of the trial.

This case is different. Here, the petition-
er elected not to present any mitigating
evidence. As discussed below, the election
relieved defense counsel of their obligation
to include this statutory mitigating circum-
stance. Since the petitioner declined to
present a case in mitigation, the failure to
“seek the inclusion of this obvious mitigat-
ing circumstance” did not prejudice the de-
fense. The petitioner has not established
cause for his default.

B. Ineffective Assistance of Counsel

The petitioner maintains that defense
counsel were ineffective in the penalty
phase.!® In Arkansas, a capital murder

(4) the youth of the defendant at the time of
the commission of the capital murder;

(5) the capital murder was committed by an-
other person and the defendant was an ac-
complice and his participation was relatively
minor;

. (6) the defendant has no significant history of
prior criminal activity.

10. The petitioner also insists that defense coun-
sel were ineffective in the appellate phase. The
petitioner is entitled to effective assistance of
counsel on appeal. Evitts y, Lucey, 469 U.S.
387, 105 S.Ct. 830, 83 L.Ed.2d 821 (1985). The
petitioner alleges that defense counsel failed to
recognize major issues and failed to request oral
argument. Whether defense counsel were inef-
fective in failing to raise constitutional issues on

i trial is bifurcated. Follow:
_ the same jury sits again in

| additional evidence and dete
“tence. Ark.Stat.Ann. § 41-1:
+ at Ark.Code Ann. § 54-60:
/» may present evidence of ag
“cumstances and the defense
_ evidence of mitigating circu
the jury determines that ag
cumstances exist beyond

doubt, that aggravating circu
tify a sentence of death bey
able doubt, and that aggra\
stances outweigh mitigating «
_asentence of death is impose
_ jury imposes a sentence of

ment without parole."

: 1. Waiver
_ [23] The importance to the
x mitigating circumstances in
death penalty is obvious fron
“However, in this case the peti
not to present a case in mit
petitioner now claims that he
a valid waiver and that tl
‘present evidence of mitiga
“stances was the result of inef:
“ance of counsel.

A waiver of the Sixth Ame
to assistance of counsel m
“knowingly and intelligently
California, 422. U.S. 806,
2525, 2541, 45 L.Ed.2d 562 |
Johnson v. Zerbst, 304 U.S.
58 S.Ct. 1019, 1023, 82 L.Ed.
Recently, a federal district cor
v. Blodgett, 771 F.Supp.
(W.D.Wash.1991), faced this is

Povdirect appeal is discussed in cx
g@procedural default, supra. The
not shown that the outcome wo
different had defense counsel .
“argument on direct appeal.

SNE,
Seed.
3

es aS ae

M1. Ark.Stat.Ann. § 41-1302 (recc
Code Ann. § 5-4-603) provided:

(1) The jury shall impose a sen
if it unanimously returns w:
that:

(a) aggravating circumstances

reasonable doubt; and

(b) aggravating circumstances «
weigh] beyond a reasonable do:
ing circumstances found to ex

SNELL v. LOCKHART

1381

Cite as 791 F.Supp. 1367 (E.D.Ark. 1992)

A: That goes against everything I have
ever seen ... he always said you steal
something or take something like that,
never take anything that is serial that
can be tied back to you ... that’s why it
didn’t make a lick of sense to me when I
was told that was the weapon.

Q: John at this time I would like to
show you two 22 weapons that were
found in the van with Wayne Snell, see if
you can identify either one of them.
A: I’ve never seen one rigged that way
but I have seen a similar weapon.

Q: There is no major criminal ring that
they are involved in?

A: No, not that I am aware of ... I
don’t think so, I really don’t. When I
first met them I used to smoke pot. I
used to do a lot of things but I talked to
Jim Ellison about that one time and he
said he thought that he was being a
servant of the devil.

Q: You've never heard them advocate

killing?

A: No.
Snell v. State, 721 S.W.2d at 641. The
petitioner has not established that had the
evidence been disclosed to him the result
probably would have been different. Nas-
sar v. Sissel, 792 F.2d 119, 121 (8th Cir.

-1986). Therefore, the petitioner is not enti-

tled to relief on this claim.
Any remaining issues raised in the briefs
concerning the guilt phase are disregarded

-as having no merit.

Il. PENALTY PHASE
A. Procedural Default

[19] The respondent asserts procedural
default defenses to the penalty phase
claims of prosecutorial misconduct and sen-
tencing instruction error. During the pen-
alty phase, Snell asserts that the prosecu-
tor argued four. invalid aggravating cir-
cumstances: cold-blooded and premeditated

conduct, especially heinous and atrocious

conduct, great risk of death to others, and
pecuniary gain. However, these claims

were not raised at trial or on direct appeal.
Accordingly, since no non-futile state reme-
dies remain, these claims are procedurally

defaulted.

The petitioner claims ineffective assist-
ance of counsel as cause. The petitioner
did allege ineffective assistance based upon
defense counsels’ failure to object to the
argument of four invalid aggravating cir-
cumstances in his Rule 37 petition. As
discussed below, the petitioner has not es-
tablished prejudice.

The petitioner asserts that the sentenc-
ing instructions to the jury violated his
Fifth, Eighth and Fourteenth Amendment
rights. Specifically, Snell objects to the
instructions regarding aggravating and
mitigating circumstances. However, the
petitioner did not object at trial and did not
raise the issue on appeal. Therefore, since
no non-futile state remedies remain, this
claim is defaulted unless the petitioner can
establish cause and prejudice. The peti-
tioner again claims ineffective assistance of
counsel as cause. The petitioner did allege
ineffective assistance of counsel on this
ground in his Rule 37 petition.

[20] During deliberations, the jury sent
out a note which stated: “Jury wants a
defenitive [sic] definition on (1) ‘MITIGAT-
ING’ & (2) ‘AGGRAVATING’.” Pet.Exh.
38. Without objection, the trial court an-
swered as follows: “ ‘Aggravating’ is rea-
sons why the death penalty should be
imposed. ‘Mitigating’ is reasons why the
death penalty should not be imposed.”
Pet.Exh. 39. First, the petitioner asserts
that the trial judge improperly conveyed
his personal feelings to the jury by under-
scoring “death penalty should be imposed.”
Petition at 212. The respondent contends
that one of the jurors did the underscoring
after receiving the note. Respondent’s
Post-Hearing Brief at 71. The issue was
dropped at. the evidentiary hearing after .
the cross-assertions were made. Without
further proof, the petitioner has not estab-
lished that the trial court did the underscor-

ing. .

The petitioner also alleges that the an-
swer given was improper in that it was

PLACE — CITY OR COUNTY DOE & MEANS

Little Rock, ‘rkansas 1, 9-27-1912
DOB OR AGE 5S RACE OCCUPATION Laborer RESIDENCE 3108 State Sts, GEN :
Black Little Rock

RECORD

Murder 10-16-1911

VICTIM RACE METHOD

Wife, Pollie Spinks Black Shot

MOTIVE

Jealousy

SYNOPSIS

"ith a fortutude worbhy of a better cause, ‘mos Spinks, mulatto, bravely took the plunge
to death in the gloomy attic of the Pulaski Co, jail yesterday afternoon, Thus did he expiate the
murder of his 8th wife who he shot to death at their home, 3k08 State St., Little Nock, vct. 16,
1911, The self-possession the doomed negro exhibited to the last was the subject of comment by
everyone of the of the 25 spectators wid witnessed the end of the murderers tife, Accompanied by

2 negro preachers, he ascended the gallows with firm step, He bowed his head while one of the prea-

i z : t S .
of fear, his farewell message finished, he turned with a polite bow to Sheriff Norman A, Beller

and Deputy Sheriff James_J, Hawkins who stood heside him on the gallows: "Gentlemen," he said, "I am
at your services" He assisted the officers in adjusting the straps that pinhoned his arms and legs.
He bowed to allow Deputy baykins to put the black hood over his head, Just as the mask was being
adjusted, he spoke his ast words, ‘"@entlemen," he said, "this is all a dram to me," "All a dream,”
he repeated in mffled tones through the hood. A second later the trap was sprung and Spings'!

heavy body shot downward. His neck was borken by the fall and death was practically imstantaneouss—
The trap was sprung at 1:29 o'clock and 14 minutes later Dr. R. B, Corney pronounced the man dead.
There was not even a ouiver of his body after the trap was sprung.

"Sheriff Beller gave orders that Spinks was to be allowed to have anything within reason that he
yanted during his—tast-nisht—on-earth-and-S—inks thursday nicht ate_aheary supper which made him
ill, After he recoverdd, however, he slept soundly and ate a hearty breakfast and dinner Friday.

4 short—+ime before the execution he was given a bath and a shave and a new suit of black clothing.
The negro barber who shaved the condemned man was scared and wanted the officers to handcuff Spinks.
"Man," said Spinks, "I wouldn't harm a hair of your head, Go ahead and quit fussing." He walked
cheerfully up to the third floor of the jail, accompanied by the officers and five neero ministers,
A. J, Steele, E C. Dade, C. A. Washineton, ™, O, Davis and James Steele, McDade, pastor of the
Arch Ste negro Baptist church, and A. J, Steele, pastor of Steele Memorial baptist Church of trrenta,
WUXXXXEX accompanied the doomed man to the galbows, The former made a brief prayer in a so low
that only an occasional word could be distineuished. Spinks stood with bowed heads his
expressionless mask during the prayer. Then SheriffSeller asked him if

ej op Ss DOK Das AVLVELY Vere 167-2 s =;

3 o ry ’
ear in his voice. He made an occasional gesture.

: af
he said, "I stand here as a bold soldier going to death for a cause of which I am proud, I want

you to see that IT am willing to go, ‘hen you see my body swing from the end of this rope (here he
held aloft the noose)m you will see my sould ascending higher and higher, As to the crime I comni-
tted, I fired one shot, I know that much, I fired that shot to intimidate my wife and make her KEKH
return to me the.gun she had taken from me, That shot did not hurt her, Of what happened after=
ward, I know nothing, But as a man of God and speaking in His word, I want to say that I am ready
and willing to die. Two or three days after my death you witt see -rreat_haspenines,;—_i-will die
now, but in two or three days you will see." HH Spinks then repeated averse of the hymn which he
had sung with the ministers in the deat-ceti a fen minutes before:—"Faravell, Farewell to those beloy
/ The Tord as called and I must go;/ My ship is launched upon the sea;/ This land is not the place
for mee" He vaused momentarily, then repeated two lines of another hymn, which evidently lingered
THA*his memorv, "A few more mouths - for me a few more minutes = tn tirts yortd betow, _theherd-is
calling and I must go." "Gentlemen, I am at your service," "I have never KERNMHMMRM before seen a

FEASACL Sp Lay Such nerve av the fintsn,* dectared Deputy ff fevkine, on officer of lone years

of experience."
last wonoa TATCEI an absence from pitite move than three weeks, imos Spinks returned on Oct,

16, 1911, and told his wife he had come to take her to Memphis with him, She refused to 79, and
Spinks-epened five on_ber, one of the bullets taking effect and causing death, He escaped and went
to Texas, rturning later to Memphis, Tenn., where he had obtained employment. Constable ™, As

Jones,—with his brother and chief deputy Charles Jones, arrested Spinks in Memphis, Before
curian : ; Reinet ' indians -asteoee

he could ficht extradition, he was hustled aboard a train and brought to Little Mock.” Spinks was
tried and convicted in the Pulaski Circuit Court and sentenced to be hanged, Spinks, in an inter-

; mon he wunuld

view on Thursday declared that his wife was unfaithtul and tat tad te been athe ars
‘ DIT Tl my $44 b ORL1C
have beenxcouitted on a plea of "the unwritten law." ARKANSAS CACEDTIE, Little Rock, as 1912

Appealed and ‘ffirmed 1 9 SOUTENESI ERN Sh

SQuURCE

FRANK NEWTON OFFICE SUPPLY—-OOTHAN

rrr
- SPEER, S. M., White, hanged for Horse stealing, Hampton, ArKey 5-11-1863 (not legal}-

ae et nn a et gg ee ee ere Ah enieaninte nae b mat, ee, fad a dh 5 ahh ode ah ome wt et nto gs eae ny | thcindn mes oh HS mien ghee Nate es ig pala - “ ws Se ‘ ‘i

HAMPTON, ARKANSAS, May 1lth.,1863.

My Dear wife & Children:

It is now 7 oteliogk at night & in two hours
my soul wall be in eternity,tried and gokaeanen by a Jury of 21
Citizens to death by hanging, for the unfortunate cause I have pur-
saed since January, My dying request is that my boys may live an
upright;iferable and industrious life and never rebel against the
Country that gave them birth. And I want you to come back to our.
place in Calhoun Co.,and if you,my wife and children, live-such a
_. life as honorable & virtuous, you will-paee: have friends and
protection. and my little girls, obey your mother & render her
all the assistance & help you can.
Adieu,adieu & try to meet me in the world to come.
hiy remains will be buried at Hampton,
If you come back,remove them and Yours affectionately,
rebury at Antioch Churche
S.M.Speer,

Note: This letter was written by Sei. Speer, delivered to his

eS ee ee

friend,John Reddin, and delivered by him to Mrs.3. M.Speer,
his wife.
Sayricef bb. See

EV ke Ll, forz acd Cp bos. gee. Hat Joga, Code.
C2 Lin Ly axe Acie a Sora ae a items

Caen fhe Cagle Art Jose Meal, mg yueges
prurlared a. Ton le Mim) a De Gop trp

ed oe

eae Semaimenistetaen:

wikis pitipardndes

7 Sprnte by Thase Danie El porte

OTe” 2 highly. prized for hats,

6 ct inter a,

_ wounds Teceived in a‘duel with Crit-.

eu |

ridges: “Although® he’ had: jong . ago:
“ @stablished his home in: ‘Arkansas,: he:

LP vas then ‘temporarily: living at. his.”
e family. home in Kentucky, ‘because of :

i il ‘health... His doctor had advised ®

» him that,” while he might: safely.
|. turn: to”Arkansas to hold ‘court,-
|) must under no circumstances risk re
|? maining here after the onset of “the.
4: (sickly season,” |
4 “* months.’ -He arrived at Little Rock'a
| few.days before court convened, ‘and —
: . departed on the first steamboat. after
aS his business was finished. —

Tee
he.

the hot. ‘summer.

John Scaggs was returned to Crave:

|... ford County for'trial on the circuit
|; bench, where he was acquitted. Joseph -
{Johnson was reluctantly acquitted be- .
i 2 ¢ause the evidence against him was in- -
+ -conclusive, but: the public was con:
|. vinced of.his guilt. A few days after
ee his ‘discharge,
Vicinity. gave him a severe beating,
'» shaved half his head, during which he.
j. lost an ear, and set him adrift in a
-, canoe without a paddle.

the Indians of the.

(The Gazette -
account spoke of the “Indians” in a. .

[manner that. suggests an Arkansas °
q. voron of the Boston Tea Party.)

Jacob Strickkand was even less for-

| tunate than Johnson. He was defend: -
|’, ed by two able attorneys, Robert Crit-

_ .tenden and :David Rorer. His prosecu-
tors were the United ‘States District .

‘attorney, Samuel c. eg and, Chess :
iter, Ashley. ¢ :

Blood was fresh on the hands: of
“young Robert Crittenden... Only four.
. delerate ‘to .Congres3,~
endon. The duel had been fought
"just eas at of the territorial boundary, -:

moon
- tes Fi

|: go the survivor could not be tried In an
: Arkansas court for fighting a duel...

But the cholicnge had been Issued at
‘Little Reck, and. Crittenden was in- -
mules for conding the challenge. The _

ase-was heard at the October, 1823 .
techs of court, but. the indictment was.

1’. quashed because its wording deviated =
. slightly from the preserived form.

sad,

. David Rorer, the other defense abs
torney, was: destined té become In-..
volved in a similar. circumstance. 10.

_ years later. . At’ ‘Dubuque, . Towa, | in :

_ Toni Cree fay 2

ne ee over "from: the, PGs ‘Stic’ dand’s 258, Vi 725 Thomas. Oic- :

"who -had be:
~ Wississippi since his enlistmer
over to Fisher whatever hone:
-yecelved for rent of the Janc

fi geen wy Oa Wx

Marshal of. the Territory of A
“to the place of execution, and
“by: the neck, till you are dead-
‘dead. “And. may God. bed: ti
“your soul.”: :

Never: before ‘nad. the’ ‘de.
“fence been carried out in A
“In October of 1824, two Osage
‘called. Mad Buffalo: ‘and Littl
“had been sentenced to hang
murder of. Curtis Welborn anc
.. but after ‘many stays of a
they were pardoned by the p
-and released in May:of 1825.
- murderers had either not -b
prehended or had been. ee

"Realizing | ‘that morbid
would attract a large crowd .
_ ecution, ° George. W. Scott,.
States marshal, called upon
Alexander S. Walker to provid
to keep order. Captain Wal

_in command of the Little Rock
- a company of the Territorial

‘Walker accordingly published
in the Gazette of May 28, orde
‘company to.parade at. 10: o'¢

ithe morning of the hanging, '

of Charles Fisher’s hotel: - Ec

was ordered to supply hims:

ten rounds of musket cartri¢,
Also on May 28, the con
‘man made his last will and-te:

‘designating Charles ‘Fisher as
-ecutor and sole beneficiary.

“had no connection: with Str
“and had probably never met b

he was lodged in the Pulaski

“Jail, But during his confinem
“months. earlier, Henry. W. Conway, ..:,
had died of - st
“German hotel keeper. In th:
of the will, “I hereby. expre.
clude each and every of my,r

prisoner had received “muc!
tion and many kindnesses” f:

whether. related by blood or r
‘from having or receiving any
fue my estate, real or. persona.
‘estate: consisted of a
anton. of land in Mississip
debts owed him by.the Unite

‘for his. Army service, and

dividuals, ‘He directed Joseph
been acting as his ;

sale of 13 head of cattle, or fr

6a 3 “a, se
a

‘en eohyed's

old Decon to remova:
3 that Lad fallen to:
ion the unsuspecting:
‘owa to scoop ip the -
. struck him onthe -
yin his: broad-axe..

single blow that it.
od ‘the, ‘man’s. head:

a
ve}
ie

syiondeiled the body”
1° ravine, and piled’:
1
they reported : that
ad: deserted. Deser- °
non among the fron.
their story was not:
sidering .the .nature_
is amazing that both.
erally splattered with —
1 of their victim, but
washed it my. in a.
am. . bs

later, ‘wild animals:

:d man’s head out of -
it was soon discovered .
1@ fort... In the search .
a body was also found.

‘ his accomplice were.

sects, and they. were.

rested. Pope states.
vere brought to Little
yut-there is no record |
1’s trial. The Gazette,
p, never mention-
apliens there is some
2 was not brought to
h’ a charge of murder -
“he murder was cOm-
2 Territory west of Ar.

~ Arvtkoaneae Snnerior.

or! ee wf as i ” }..

ie: Sere i aa! e BG et ik

; n, 2
oS
a" * * ¥
a / regneeet
Te ee ae hn SAE ss
te gk ; ,

ide ie
og with. their ‘broad=

‘eturning to the -

‘ 2 ‘-
> 21,4 %

“4093. Ne ‘eMte of ons Cyrus §. Jacobs ‘iy:
‘self: defense, ind was immed: apie
x Somltteds Rik aa baat hed

Chester ‘Ashley, the: debuly ahsalt
“eutor, had once beer Crittenden’ slaw
partner, but the two were by this time *
bitter enemies. The election of 1827 =
had brought about twostrong political
-parties-in Arkansas, with Ashley as”
the acknowledged leader of one, and -
~ Crittenden of|the other.,
“of 1823, in the Gazette office, Ashley’.
“had been attacked by John T. Garrett,
described as a local ruffian. ‘To save
the life of his friend; Gazette editor _
William E.- Woodruff. ‘grappled with
Garrett. Garrett fired one shot, and
missed’ Ashley... A second shot was

heard, and this one apparently was

the one which killed Garrett, striking .

“him in the stomach. . Asbley fired, but.

_ struck his friend Woodruff in the arm.
-A coroner's jury met for three days,

~ and heard 26 or 30 witnesses. All this

was to come up 7 in the 1832 elec
tion campaign. .

At some time. ‘during the confine.”
‘ment of Jacob Strickland, he had con- .

“fessed to the murder of George Decon. |

The confession was backed up by: the
circumstantial evidence offered by
witnesses whose names are not given.

Several. officers from Cantonment .

Gibson were in town at the time of the
trial, and they may have been among .
the witnesses, as well as Strickland’s
- accomplice. After deliberation of only
8 few minutes, the jury pace a
NORGE of guilty,
a, Strickland’s lawyers made a motion:
* ‘for arrest of judgment, because of

“some technical defect in the indic te

See mall a Gt BA Ss a ie NS 3 ae 88

In' January ~

Sow on his le for $128.
- note had. not been paid, ‘Tooley wan:
. to deliver to Fisher either the evidence"
of debt or. the property PY. we tha
debt was secured. «

. The soldier signed the will ‘with his
“xe mark, witnessed by James Ball,. -

Sopa Cotter, and Leonard aie a:

aN PREPARATION FOR THE HANG: .-

ING, a scaffold was ere
public rond, one mile south: eRtorm
‘A witness who still lived here ine1836°"

—fdentified the execution place as the : Ge ££
present site of Mount Holly Cemetery. ee ie
between ‘Eleventh and... §
treets. At that time, it< §
was a heavily wooded area, & long digs. ae ta

on Broadwa
Thirteenth

‘tance from the nearest house. _.-

hanged from the same scaffold, It

. stood for # number of years, and was a :
removed shortly before the land was _
donated to the city for use: ‘as a ceme- ee

tery, in 1843.

and with it came .

taken place in

place on any former occasion.”

The Little Rock Guards. ‘met aso
“. scheduled, at Fisher’s hotel. At about =~ >
noon, they marched to the jail, where...
Marshal George Scott and his deputies ..;.
led the prisoner to the cart on which ««°.”
she was to ride to his-death. From :"-:

atl °
eT

a the

Saturday morning, ne 31, lasicd: ,
the. anticipated 7
crowd. The Gazette said, “This being ~
the first public execution which has -,-
yhis Territory, it drew =].
a greater concourse of people from. -_ }:
‘the surrounding country, than we reé- an
collect to have seen assembled In this aoe

‘

Serene

Pe TT ee

PE OP RE es

tree E

ctad.on the :. “ a

A rope swung from a tree would ceo ff
have served as well, but the gallows > |
was sturdily constructed. In later - |
years, at least three other men. were

NE ER Steere
orn Sas §
’

Be ie RE OS pho eth
| ee each veda ts

aye

ee
hig et

et Sean Bd

3 duret’ was
x hertitonpwvest Of Are.)
Arkansas : Superior, «:
rarest: compe ‘one te:

‘@: .:: wasa lon des : P

ant’ Gibson, “Before |

Little Reok was avail.” a

ruary 13,1823, word |
d at Little. Rock that.
; ‘be brought here-to-

e- April. term,of Sd: ~
was probably: not une.

t ae oe on v the”

Ves
log ‘sail 0 on eosin

and Third, Strick-::

“other men awaiting’*

John Scaggs: was -
5 “murder of Ellison
ord County, and had”
yf the Pulaski County —
st week in February. |
was to be tried for
lexander Davidson, in -
r, and had been in the:
ng as Scaggs.: |
@: three ude
aed the public. . As —

‘ch 22, it was discover- |

soners were. ‘‘cutting

have been free within .
es were ee

ouRT. BEGAN” ors.
pril 14, and ended it «

e presiding judge in -
2 was Thomas P. Esk-:
ho he had. long. ago -

: doctor had advised —
> he might safely re -

sas to hold court, he
circumstances risk re-
i the onset of ‘‘the
"WMRc hot summer
rived at Little Rock a
+ court convened, and ©
> first steamboat after,
3 finished. :

25. Scone ae

~ Stricklangg awyers Thade | a: “motion -
“for arrest 'o Ldgment,.” ‘because: i)
= some: technical’ Gefect in..the: indict-*
“ment. It was-the’ same legal gimmick"
- by: which | Crittenden’ later escaped -:
linishment for the duel. challenge, -
put-it did not-help: his client. “Judge.

when the defense lawyers gave notice’,

that they. would present another siml- -
“Jar motion the next day, citing addi-::

_tionah authority: Three days later, the.

oiled: fe

PHE PRISONER * WAS “THEN “OR.

~ DERED to stand and hear his sen-.

: ‘tence: “Tt. was Saturday, May 3. So”

a eloquent’ -was~ Judge’-Eskridge’s” pro-~

_ Nouncement of the: death sentence >

“that the Gazette. bublistied it verbatim, |
on “May. 7, 1828. |

’ After expressing reeret that Stricke -
-Jand’s case had not a single extenuat-.
ing circumstance, the. staunch Presby- -
terian judge urged him to spend his.

remaining days preparing to answer
to God fér his sins. He quoted the.
“ familiar passage from Isaiah, “Though ..

"your sins be as scarlet, they shall be —
rials approached, the _

as. white as snow; though they be red.
oe crimson, they shall be as wool.”

‘He then sealed the prisoner’s. Son
with these words: “The, sentence of.
“the law. is, that you be remanded to.
the jail of the county of Pulaski, from*.
whence you. came; that you be there’
" safely kept till Saturday, the 3ist day
of May; that you be taken from thence,
on that day, between the hours of.
@leven o'clock in ‘the forenoon ‘and
- four o’clock in the afternoon, by the
Marshal of the Territory of Arkansas,
to the place of execution, and be hung.

by the neck, till you are dead—dead— -

dead. And may oc, have. pneeey on
your soul. .

_In October of 1824, two Osage Indians -

called Mad Buffalo and Little Eagle, :.
. had been sentenced to hang for the —

murder of Curtis Welborn and others;
2 DULL. after many stays of execution,
they were pardoned by the president,
‘and released in dfay of 1825.. Other’.
‘t+ murderers had either not been ap.

was returned to Craw prehended or had been acquitted.

he: was*to tide to his death. From

-Eskridge.was about to pass. sentence’ Oe dge’s advite and devoting ‘his: dat 2a

- second se was’ argued and over. :

-.. throng of sightseers, .
“memorable, pithy last words on this”
“historic oceasion, His brain was mud-_

“use as a cemetery, but itis possible.” f

Never. fot re had: the death sen-.
tence been carried out in Arkansas.

back to the village, and most of those . -

Ere bie ods “ae errs ssa Stee “eg

pry oo Sy ekeia 5
“Marshal rgo. Scott and hie de; matte 1:
Jed ‘the-prisoner:to the cart. on whiely .

there, the, group. proceeded. ‘out. the
“Jane that was then. West Main Street: “
, (now Broadway) to: the gallows. 8

Instead : of ’ ‘following Judge. ‘Esk \ AR:

days to the saving of his soul, ‘Strick.
land spent the morning getting glori
‘ously drunk. As soon as. the cart.
pulled up‘at the gallows, he rose toe. |}
chis feet and began a speech*to the-<-j["

There were no =~ ||

dled and his torgue thick, and’ his:
final speech was “an incoherent jum-:

ble of nonsense * * * in such an un- >:

connected manner ‘that ‘but a very:

small portion of what he said could be ~.. 3

understood.” Nevertheless, he: dogs
gedly. continued ‘for. ‘more. than a
hour. ae
‘At the aad of his drunken mene g

he performed the last act of his mortal
. life—he took two more swigs from his.

bottle. i pee | a
- Marshal Scott then stepped taedacd. Rea

placed the noose around the soldier’ s He ate
neck, and pulled the cap over his face.2.

The cart was driven from under him, cyl
and Jacob Strickland paid his debt fo. 2
society. \ ee

Dr. Matthew Cunningham was the 1
coroner, and it was his duty to exe." By

amine the body and pronounce him Buy :
. dead. . There is no record of Strick-:: ff

Jand’s burial place. He left no. in- ol
structions for his burial in his will...
The execution ‘place wag nat yet in ~

that Strickland was buried there as a”. §
matter of, convenience. The site re. ff
cently vacated by Peabody School was -.. f
not officially set aside for tise as a: f
burial ground | until 1834, but there -; §
may -have beepil.a few unauthorized 3
interments there. prior to that date. “. &§

JTTLE ROCK WAS. NOT YET ff
DONE with the day’s excitement. “‘ fj
After the execution, the crowd drifted .. #

. who lived in nearby settlements went
“home,. The town was still crowded
“with people who would stay avernight, — £
--and small groups ‘gathered here and a2 AE

ane ¢

M4 Sass 3 11. aw BP Barwa nt : @:: Le: rey te where Sa
‘i ef he 2 Pie: y
(& aetsed FS - tence :been carrle@Rut in. “Arkansas. ::
78 os r ha ‘
a abut, | RE ea Oc tober of 1824, two Osage Indians

eee risk : called Mad: Buffalo and’ Little Eagle,

| ae of | “the . had-bean sentenced to hang for the .
: SUMMEE, murder of Curiis Welborn and others; *:
bia Rock a: ce

““put’ after. many: stays of ex xecution,
convened, and: they were pardoned by-the president,

teamboat eas and released in. May. of 1925. Other .
od. murderers had either not been’ Ap
smned fo Cravin " prehended or had: been acquitted. :
onthe circuit:

Realizing.. that::. morbid.
guitted. Joseph. .

y acquitted be-
nst him was in:
ublie was . CON ».

' few days.after
‘ndians of the
severe beating,
luring which he
vim adrift in a

-ecution,.. George . W.. Scott, United
States ‘marshal, ‘called upon Captain
. Alexander S. Walker to pruvide troops:
to keep order. Captain Walker was.

a company of the Territorial Militia, -
Walker accordinsly published a notice »
fn the Gazette of May 28, ordering a
(The Gazette*+ company to.parade at 16 o'clock

“Indians” in a. isthe morning of the. hanging, in Pont
3 an Arkansas of Charles Fisher's -hotel.. Each man
Tea Party.) was ordered -to supply himcelf with -
s even less for: ’ ten rounds of musket cartridges. >.

He was defend: “Also on. May 28, the: condemned

ys, Robert Crit- ; rman made_his last will and-testament,

tis prosecu-, Césignating Charles Fisher 2s his ex-
@:: Distriet ‘ ceutor and sole beneficiary. Fisher _
jane, nd 1 Chess ‘had no connection with Strickland, :

1 -” gad had probably never met him until:
v the’ Rands’ of © Bs Was Tadaed in the Pulaski County .
ion... Only four “Jail: But during his: confinement, the
‘y: W. Conway, ... prisoner: had: received “much” atten. |
3, had died of : ton and- many kindnesses” from the
duel with Crit-. German hotel keeper.. ‘In the words :
7d been fought .
orial bound lary, cl de each and every of my, ce
et be tricd in an. gheen related by bicod or marriag
‘ighting a: duel. -from having or receiving any portion
| been issued at of my estate, real or personal.” © :
tendon .was in- ~ His estate. consisted of a quarter
cea nge. The section, of land in. Rilssissippl, ‘and:
> October, 18 823 ceabts owed him by. the United States .
' indictment wa tes his. Army service, .and- ee Ate.
rording devicted” dividuals. ,
peped form. who haa been acting 23: his agent in.
thor defense ate Llississippisince his ealinest to pay -
, to beens ine over to # ion er whatever money he had
sircumstance 10 received for rent of the land, or for.
o 10% aS in * ee! Gs io hea 0 of ee or from aon
pe

AN
ee ee te
3

eee ee pmo eee
wee re . ?
cate nee Hoe . Bent te reel piney ete tes a te ds aS ere deb ose oo i ge ee, 4

fs ete re ae cs

res os Reeds : Deen ee ta Parecnice §
“4g DS es ee ON Rae :

. ¢ > . pe soe \ a -.
AAPA OLA Re Am ON YO

i ‘anferments the

‘curiosity
“would attract a large crowd. to the ex: ae

: 2 command of the Little Rock Guards, | :

ob tho will, “I hereby. expressly exe

He directed Joseph Tecley, .

Ah oa ten reacties

REY o> Pe ae as eee a,

‘DONE with the day’s: ‘excitement: .
After tho execution, the crowd drifted
back to the village, and most of those»
* who lived in nearby ‘settlements went:
home..; The town was still seated
‘ with people who would stay overnight
and small. groups gathered here and .
there to discuss the events of the day. ©
‘One such group congregated in the ©

“store. of Wilson and Stuart, on Mali a
Among the men here was. —

Street. |
Andrew Scott, brother of the aarsuat:.

who had officiated at Strickland’s ex. ‘

ecution, and a former ‘judge of the .

Territorial Superior Court. Four years . 2

earlier, he had ous cusee Joseph
‘Selden in a duel. :

. Into the store came Edmund Hogan,
eo Crystal Hill. The’ conversation ‘

‘ turned to the political campaign of the | : |
previous summer, which had resulted:

_in the defeat of Scott by Hogan for.a:,

‘seat in the Territorial Legislature. Ale” oe

though this campaign had been: less”
bitter than the race for delegate to”
“Congress, the friendly conversation
26on became an argument: :
“In the heat.of the “iano. Hogan.
“knocked the frall Judge Scott down. *
“Seott quickly drew the nword-head: -
from his cane, and plunged it four.

“times into the massive body.of his as

sailant. - OAS died within ten mln

‘utes.

Once. again: ‘De! Gurginghem was:
summoned to perform: the duties. ae
~ coroner. Ths verdict of the coroner's,
“Inquest. was “Thit Edmund Hog gan.
eame to his death by. means. of. four
‘wounds, inflicted on his breast and §
sides, with a sword-cane, in the hands.
"of Andrew Scott, after: ho (Scott) had:

“been knocked or pushed down’ i .

the fist or hand of tha deceased.” |
‘Because he bad stled in self de |

a Judge Scott wre promptly ae. - |

quitted and discharged. Littis Bock :.
had had 1 a. toe and eee. exe

eae
' eee :

cate te MM TM AON OOD I AA Oy eI AR PO MO Ran ge 200, Be, Cn

= wieat: FEN Pes ehh aes

‘Prior ‘to. that date, * a)
“LITTLE - ‘ROCK: WAS » “NOT. ‘YET. a

eye

ae -
ETE PA SAE ANOBII TR A NOP Bai §

remeron <ENEERT

ane
ae 2
oe
Laer
nen
re
Ca
fy.
Sr
Oe ons

minutes after the
‘azed killer's ‘gun.

nd it went on the
26, 1947, Texas
p, this time for
ear stretch. The
a Mae convicted

nough to make a
want to find the
vesn’t seem to have
. drove him on in
‘ined manhunt. He
ire practical reason

or wanting to-tun her down to earth.
Strangely enough, while awaiting
ial, Smith had given Sallie Mae $500

to:keep for him. If convicted: and
sentenced to the’ pen, this money was

‘fresh start in life when released, and
she promised faithfully to hang onto it.

There followed the tragic drama so
frequently enactetl behind bars—that
Pofa man hungrily looking forward to

“the next letter from his woman. She

je: may know. in his soul that she: is

‘lying, but he forgives if she'll just, .

PEACEFUL SCENE—

MacArthur Park in Little Rock, Arkluess, wnire the slayer waited for sally

- DESTINATION—

- Mae with hate. and revenge. on his mind and a .38 caliber pistol in his hand.

University. Hospital, where Sallie. Mae worked as an undergraduate nurse, The

* write to him. She may have put him

there, but he’ll find excuses for her so
long as her letters come regularly.
Such is the nature’ of the man in con-

‘finement.

After a while, Sallie Mae’s letters
came less and less frequently. Pres-

ently, they stopped coming. Though.

unanswered, Bob Smith’s frantic ahd
sometimes threatening letters weren’t
‘returned to him. He started to brood.

victim was only one block from here when she was accosted and ruthlessly slain.

Sallie Mae. He’d look at those pictures
of his woman and revel in thoughts of
the-terrible things he’d do to her.

Sallie Mae was living in Little Rock
when Bob had last heard from her.
He ‘subscribed to “the Arkansas
Gazette and day after day eagerly
scanned its pages for a word about his
woman:

Eventually, he saw her picture in a

society column. It never occurred to.
In his. cell he had many snapshots of: .,

him that she might have a double. So

Rober

_ TRAGEDY— : e
By CADDO CAMERON Sally Mae Barner lies dead in a Little Rock street a few minutes after the for wanting t

pretty student nurse was riddled by five bullets from the crazed killer’s gun. - Strangely

a J : trial, Smi }
HEN ROBERT L. SMITH left Sooner or later he’d find Sallie Mae. riage, her fourth—and it went on the "to ee er
the Texas State Penitentiary at Then, he’d’' get his money or get him- rocks. On August 26,. 1947, Texas - ‘sentenced to
Huntsville on March 9th, 1949, self a gun—maybe both. ; again sent him. up, this time for ‘to be his stalk
his chief purpose in life was to Back in 1938-T'exas had handed Bob bigamy—a_ three-year stretch.” The fresh start in
' find Sallie Mae. At the moment. Smith a ten-year rap for armed rob- ‘testimony of “Sallie Mae convicted . 1€ promised
he didn’t have a gun, but firearms. bery., He was released on parole in Bob. : ‘There follo
were easy to gét if a man knew his 1941, twice returned for parole viola- That alone was enough to make a frequently en
way around; and in his 40 years, Bob tions and finally given a conditional man of. his. type want to find the aman hun
Smith had learned plenty, much of it , pardon in 1947. While working at the woman, though it doesn’t seem to have the next lette
in the hard school of criminal ex- . Arkansas State Hospital during one of . been. the force that drove him on in nay lie abou:
perience. Having been hunted, - he his ‘periods of freedom, he met: and his doggedly determined manhunt: He |. may know
~ ‘knew. the ways. of a man-hunter. married Sallie Mae—hi econd mar oe had another and more practical reason = but he

“9
December, 19

Sallie Mae had run out on him and

married rich! Muttering, Smith tore:

the picture from the paper.. His cell-

mate wanted to know what was gnaw-’

ing him. Bob Smith didn’t say.

He looked at the stout bars. He
looked at his withered right arm and
hand—practically useless things. Then

he looked at his powerful left arm and.

big left hand. But the bars were too
stout. They stood between him and
her, guarding her. He brooded over
that. Fury built up in him, an im-
potent fury at the moment, but there’d
come a day. To hasten the coming of
that day he’d behave himself while in
stir, so as not to lose his “good time,”

Then he’d find Sallie Mae and take.

her for plenty, but plenty—or else.

ATE in April, 1949, a man walked in-
to a Little Rock drug store, nodded
to the clerk and went to the tele-

phone booth. Of average size and
build, he was dressed in the casual
clothing of a working man—dark felt
hat, shirt open at the neck, light-tan
jacket with zipper, striped trousers
and shoes of fair quality. Nothing dis-
tinctive about his features. Rather
large eyes looked straight and a bit
defiantly from a deeply tanned,
smooth-shaven face inclined to sharp-
ness—an. inscrutable face that ‘told
nothing of the turmoil behind it. You
hid your feelings in stir, or you paid.
The man carried his right hand. in-a
pocket, thus hiding its deformity.

Though he appeared to be no differ-

ent from thousands of men on the
streets of the Arkansas capital, the
clerk’s eyes followed him, for an in-
visible and indefinable something set
Bob Smith apart from his fellows.
He left the booth door partly open—
didn’t like small spaces and closed
doors. Her new name had burned

deep in his memory. He sought and.

found her number. His fingers fum--:
bled the coin. |
A servant said she’d call Mrs,

Cooper. His palm was wet on the re-
‘ceiver while he waited.

“Hello!” ‘
“Sallie Mae?” You talked soft and

’ low in the pen.

_ “Speak louder, please. I can’t hear
you.”

‘Is this Mrs. Cooper?”

“Yes. Who's calling?”

Smith hung up. He stared at the
phone. No feeling showed through ‘his

wooden face. He took from his pocket -

the society-page picture over which
he had brooded for so long. He looked
at it—a bum steer. He shrugged.
Somehow he’d find Sallie Mae.

Her parents and brother lived in
nearby towns, but Smith was. too
cagey to call them. Patiently, he
started telephoning acquaintances in
Little Rock who had known him and
Sallie Mae. Not once did he identify

’ himself. Moreover, he moved from: |

one public phone to another, so as not

to attract attention by remaining too:

long at one place.” No luck. Precious
nickels—his eating money—went into
phones. A man could sleep in th

GOING DOWN—
Chief Fink (left) and Robert L. Smith, the victim’s fourth wisbend wait for
an elevator in the courthouse where the ox;eoavict was tried for murder.

Hingis: se he had to eat something.
‘At last he contacted a talkative and.

poisonous gossip, who said, “Sallie Mae

Smith? Oh, you mean: Sallie Mae
Barner!”

“B-Barner?” ~ i

The woman went on to say that
‘ Sallie Mae’s marriage to the jail-bird,
Bob Smith, had been annulled. He
was in the Texas pen and she had
married one Bill Barner.-“A fine man.

- Good looking, too. The girls are dying
to find out whether Sallie Mae ever

told Bill that he’s her number five...
What's that? I can’t hear you... Oh,
yes. They’ ve got a phone. Who is
this?” - ,

Sp em penecren e

"meet

Smith. hung up. Quickly, e found -

‘the number and called’ the Barner

- home. A woman answered. He knew
' “that voice! ‘

“Hello, Sallie Mae.”
“Hello., Who’s speaking?”
“Bob. ”
“Bob? Oh! When—what——?”
“I want to see you, Sallie Mae.”
- “But, Bob! I can’t! ’m——”
“I know. But I want to see you.’
’ The woman argued, even_refused to

meet him. Smith persisted and she.

finally agreed to go to Second and
Main in North Little Rock on Friday.

Smith left the booth with a feeling
‘that he was getting along. Outside, he

can and went to find a place: to sleep.

The withered right hand in his pocket

' fingered what little eating money he.

had See ‘Not much, but he’d be in
: tty

‘took some newspapers, from a trash

500 ‘bucks from Sallie Mae—or else..

She kept the appointment. Bob had
never seen’ her so nervous, and he
thought she didn’t look well. They
talked about this and that for a while,
then: Sallie Mae said she had to go
home.

“Did you bring my five hundred?”

“Of course not. I don’t carry that
much-‘money around with me.” .

“T need it. bad, Sallie Mae. I’m about
broke. I’ve got to make a fresh start.

It’s mighty hard for a guy with a bum _:
wing to get a job. When will you give .

me my money?”

After some thought, she promised to
im again on Monday and bring
the money. He knew the woman was
stalling, but there was nothing to be

‘done about it at the moment. He took
‘her at her word and they parted.

Bob Smith left North Little Rock
with the conviction that he’d never
get his five hundred; he was going to

need a gun. He knew a man who used

to always keep one around the house.
He also knew that this man and his

_ wife usually went to a show on Satur-

‘day night. For a person who was vir-

tually one-armed, Bob was mighty
good at getting ‘into a house and
prowling it. a
He got the: gun that Saturday night.
It was an old .38: automatic with a

full clip. Afterwards, he put out a

- precious dime for a little can of oil .-
‘and spent part of Sunday in an aban- ~

“‘doned barn, brooding about Sallie Mae

and his five hundred, cra and a

t old .38. ©

BEREAVED—
‘Bill Barner, §
on his way to |

On Monday

“ciel

a doggedly canv:

ings, rooming
ps and stor

isonous hatr:

isband, wait for
jed for murder.

e Mae—or else..
itment. Bob had
1ervous, and -he
ook well. They
that for a while,
i she had to go

y five hundred?”
don’t carry that
with me.”

e Mae. I’m about
ake a fresh start:

t, she promised to
Aonday and bring
y the woman was
vas nothing to be
moment. He took
they parted.
Torth Little Rock
1 that he’d’ never
i; he was going to
w a man who used
around the house.
this man and his
) a show on Satur-
rson who was.-vir-
Bob was mighty
ato a house and

iat Saturday night.
; automatic with a
rds, he put out a
a little can of oil
junday in an aban-
ig about Sallie Mae
tired, cleaning and

~ BEREAVED— —
Bill Barner, Sally Mae’s husband, was
on his way to work when tragedy struck.

Z .

On ‘Monday Bob Smith was at the
“appointed place on time. Sallie Mae
_ Barner didn’t show. He waited. Oc-
|. casionally his good left hand crept be-
eath his blouse to the .38 under the
“waistband of his.trousers. He waited
and waited with the patience of a cat.
She didn’t come. At length, Bob hur-
ried to the address given in the phone
book. The Barners had lived there—
Bill, his wife and mother—but over

‘place on Sixth Street. They had left
no forwarding address.

_ / Sixth is an old and populous street
in. downtown Little. Rock. Smith
oggedly canvassed the street—dwell-
ings, rooming and apartment houses,
shops and stores from Main to Sher-
an.

Whereas a less determined man.
would’ve given up the fruitless search,
he drove himself to greater. effort. He
abandoned caution. He asked for the

it was over there’d be many to identify .
shim. So what! Brooding in his cell
and in lonely hideouts had built up a

ess patience—the patience of a man
“meditating upon murder. He’d ‘find’
| Sallie Mae. And under the waistband.
of his trousers he carried the old 38.)
Of course, -he. had long since
arched the city directory. No luck.

“While plodding the hot sidewalks
*from door to door on Tuesday, Smith
hought of another angle. Maybe Sallie

that gossipy woman again. ‘Hated —

he weekend they had moved to some- _

Barners, openly, knowing that when.

poisonous hatred that inspired limit-.

"Mae was ‘working. Maybe he’d/better _

EVIDENCE—

‘Detective Chief Fink aitamiuee the “re weapon, which the killer tossed
away as he fled the scene of the shooting. The gun was later reported stolen.

to do it. She was a nosey and sus-

picious person and might recognize

his voice. But he didn’t much care’

now. He called her.

Sallie Mae Barner was now an
undergraduate nurse at University
Hospital! . &

Smith left the phone wondering why
he hadn’t thought of that before: He
must’ve gone stir happy, or something.
His head wasn’t working the way it

used to before Sallie Mae ran out on.
_ him. He asked at least six people where

to find the hospital. It wasn’t far off—
just a little ways south on McAlmont,

near ‘MacArthur Park. In his dreadful —

eagerness to find the woman, he gave
no thought to his own safety. He hur-
ried down there, walked into the office
and asked for her. She was off duty
and wouldn’t return until sometime
around seven in the morning: The

office nurse looked at him eee ‘He
_ didn’t care. x
- Béfore’ going to "Bleco on his néws-
papers that night, Smith again tried

the action of the old .38. Worked good.

-He set his mental alarm for an early.

hour.

Grass grew green, in MacArthur
Park. Maples, oaks,’ elms, holly and
magnolias created beauty and shade;

‘high in an oak near McAlmont Street

a mocking bird made: his morning

. music. A man loitered on the sidewalk

near the hospital. His right hand was
buried in a pocket, his left swung
free. Though the air was balmy, his

light-tan jacket was zippered up. He.
attracted no. ‘attention, for motor and

pocket.

pedestrian traffic flowed heavily on the
street and sidewalks. Over park drives
and paths, people were going to work,
unaware that they were rubbing
elbows with tragedy.

Walking briskly, a woman in white

came down McAlmont Street border-.

ing the park on the east. Smith recog-
nized her at a distance. He went that
way and they met half a block from
the hospital.

“Morning, Sallie Mae.”

“Bob!”

He moved to the edge ‘of the side-

walk. He spoke softly. “Come over
hére, Sallie Mae. I want to talk to
you.” : ;

“T haven’t time to talk to you. It’s

pretty near seven, and I’m due at the »

hospital.”

“Take time. Come. over here. ” His
voice was as expressionless as_ his
wooden face. :

She looked anxiously around, then
moved to face fim. ‘Make it snappy!
What d’you want?”

“I want my money, Sallie Mae.
What have you done with it?”

Sullenly, she looked him in the eye
and said, “I spent it!”

His withered hand closed in: his
His left hung free. “You
shouldn’t have done that, Sallie Mae.

_- You promised to keep it for me.”

“So what?” she snapped. “I spent it.
Now, you leave me alone. I’ve got a lot

_of your threatening letters. Leave me

alone or I'll call the law and have you
sent back to the pen. I did it once. I
can. do it (Continued on page 67)

G66L ‘SZ AYW ‘AVOSHNHL - AVGOL VSN

LEADER OF SEPARATIST GROUP:
knowledge of ever speaking on the te

SERVICES: Residents head for church services Wednesday at
the religious community in Elohim City, Hebrew for ‘City of God.’

lice officer who Snell mistak-
enly thought was Jewish.
>» Yes, Millar says, he has
been to the’ Aryan’ Nations
nd in Idaho, a place
also frequented by members of
The Order, a group implicated
in the 1980s murder of a Jew-
ish talk show host in Denver. .
But Millar says he only went
there to attend a wedding.

> And yes, he knows James —

Ellison, a man convicted of
racketeering in connection
with a campaign of terror
against the federal govern-
ment, but who turned govern-
ment witness in a major 1988
conspiracy trial against 14
white supremacists.

Ellison, who finished his pa-
role on April 21, was the
founder of the Covenant, the
Sword and the Arm of the

Photos by David Longstreath,

‘ll state unequivocally that nobody in this community has any
lephone to anyone named Mr. McVeigh,’ says Robert Millar.

Lord, a now-defunct anti-Semit-
ic paramilitary group accused
of receiving money from
armed robberies The Order
had committed.

In the mid-1980s, Ellison re-
portedly told authorities that
Snell once asked him to case
the Oklahoma City federal
building to gauge what it would
take to destroy it.

Although his execution date
was a rallying point for anti-
government militias, officials
say they doubt Snell was in-
volved in the bombing.

So far, Millar says, he has
not been questioned about the
blast by federal agents.

Adair County District Attor-
ney Dianne Barker Harrold
says she hasn’t had any trouble
with Millar’s group, which was
formed in the 1970s.

But “naturally, people not in
law enforcement with guns on
their hips give you some cause
for concerti,” says Harrold.

Millar insists his group’s fo-
cus is neither hate nor vio-
lence. While he believes whites
have a special place in God’s
kingdom, he says a major part
of their role is to serve others.

His own contribution, he
says, includes speaking six
times earlier this year to a
black Oklahoma City congrega-
tion, though he didn’t remem-
ber the name.

And “we had two Chinese
boys here — they weren't Chi-
nese, they were half Chinese
— who we educated for four or
five years.” But, says Millar, “I
don’t like to toot our horn.”

Ab. :

MONDAY, MAY 22, 1995

ational Report

By GUSTAV NIEBUHR

MULDROW, Okla., May 15 — Six
miles up a dirt road that rolls and
dips through field and forest, Robert
G. Millar presides over a religious
community whose partially Hebrew

‘name means City of God. There he

proclaims a devastating vision of
America’s future.
“‘We’re going to have civil war and

race riots,’’ said Mr. Millar, reclin- -

ing shoeless on a sofa in a comfort-
ably furnished house trailer, a near-
by window open to breezes and bird
song. But his apocalypse includes a
promise of salvation: God will in-

- sure that some survive to see a bet-

ter world.

Compact in build, silver-haired
and dressed for an interview in a
clergyman’s black shirt and white
collar, Mr. Millar, 69, is founder of
the community, Elohim City, a set-

-tlement on a wooded hillside, home

to something less than 100 people
who call him ‘‘Grandpa”’ and share a
belief that whites of northern Euro-
pean extraction, rather than Jews,
are God’s chosen people.

Called Christian Identity, it is a
belief whose roots go back a century
but which has been spreading among
far right-wing groups, like Ku Klux
Klan factions, providing pseudo-
theological grounds for virulently
racist and anti-Semitic views, the
Anti-Defamation League of B’nai
B’rith says. In Identity literature,
Jews are Satan’s children and
blacks subhuman.

“There are groups in all regions of
the country, little Identity
churches,’’ said Thomas Halpern,

Che New York Cimes

By GUSTAV NIEBUHR

MULDROW, Okla., May 15 — At
Elohim City, religious services
are held daily, sometimes lasting
less than an hour, sometimes up to
three, said the community’s lead-
er, Robert G. Millar.

Church is a one-story building,
with a hand-built stone foundation
and a rounded roof. Inside, under
a blue ceiling, short rows of time-
worn theater seats face a carpet-
ed. stage area, a place used for
preaching, dancing and ceremoni-
al gatherings. Flags hang in clus-
ters, Old Glory’s stars and stripes
and the stars and bars of the Con-
federacy’s battle flag among
them.

The day Mr. Millar invited a
visitor to sit in, Elohim City’s un-
usual religious practices were on
display, not least in the presence

Praying While They March :

of two young men who held rifles
with attached bayonets, as if on a
parade ground.

The community ‘marks each
day when the sun is highest in the
sky. At that moment several ado-
lescents, the girls clad in white
‘tunics, came in and moved a
marker on a board and ceremoni-
ally announced the new day. The
group formed a circle and danced
in a style that resembled a re-
strained square dance.

Younger children took the stage
and, at Mr. Millar’s command to
‘fall in,’ formed two neat ranks, ~
marching and reciting a religious
pledge of devotion in the names of
the Hebrew patriarchs Abraham,
Isaac and Jacob.

Adults and children later sang a
hymn about the “golden grain,”
one of many such religious songs

OKLAHOMA

The New York Times :
Elohim City is a settlement on a
wooded hillside that is home to
about 100 people.

written at Elohim. City.

This one had an apocalyptic
theme, taken from Jesus’s para-
ble, in the Gospel of Matthew, of
how the wheat (the children of
righteousness) will be separated
from the tares (the children of

evil) at the end of time. The wheat

is gathered to God’s Kingdom, the
tares bound in bundles and burnt.

associate director of the league’s
fact-finding department. The num-
ber of believers is not known, Mr.
Halpern said.

Mr. Millar was cautious in dis-
cussing Identity’s racial outlook.
Elohim City was ‘“‘not pro-Zionist,”’
he said. But he said that Israel was
“founded on terrorism,’’ and that he
believed that Federal officials who
arrested another Identity leader,
James Ellison, in 1985, were accom-

panied by two agents of the Mossad,
the Israeli intelligence agency.

Mr. Millar described himself as a
spiritual adviser, or pastor, to Mr.
Ellison, negotiating his surrender to
Federal authorities. Mr. Ellison has
since completed a prison term on
racketeering and weapons charges.
Before his arrest, Mr. Ellison was
head of a now-defunct Identity com-
munity, the Covenant, Sword and
Arm of the Lord, in northwestern

Arkansas, which itself warned of an
apocalypse and offered members
what it called survival training in
shooting and wilderness skills. Mr.
Millar was also Spiritual adviser to
the white supremacist Richard W.
Snell, who was executed in Arkansas
on April 19 (the day the Federal
Building in Oklahoma City was
bombed) for gunning down a state
trooper. Mr. Millar visited the con-
demned man, witnessed his execu-

A Vision of an Apocalypse: The Religion of the Far Right

tion and buried him at Elohim City. |

Despite its grand name, Mr. Mil-
lar’s community more closely re-
sembles a small village, a few trail-
ers on concrete slabs and some

slightly larger buildings with stone.

foundations, including a_ round-
roofed structure that serves as a
church. Inside the building, under a

blue-painted ceiling, on a carpeted _

stage, facing a triple row of theater
seats, daily services are held.

At the community’s entrance, a
small sign tacked to a tree directs

newcomers to a parking area, where °..

a visitor was met by two “security
officers,’’ young men in camouflage
trousers and lace-up boots, who
served as escorts. One carried a
holstered pistol.

But the atmosphere inside the
trailer was relaxed. Mr. Millar intro-
duced the home’s owner, Lessie
Tucker, a warm-humored, oldér
woman, and Zera Patterson, a mus-
cular man with a goatee who said he

served in the Marine Corps during.

the Vietnam War, had undergone a
spiritual transformation on the jour-
ney home and had been with Mr.
Millar for 24 years.

Both sat listening as Mr. Millar
spoke, although once, at his urging,

Ms. Tucker sang a song written by

Elohim City residents about faith in
God. The community, she said, also
had a song honoring Mr. Millar, ti-
tled, ‘Here Comes Grandpa, March-
ing Throughout the Land.”’

In the interview, Mr. Millar alter-
nated between expressing deep fore-
boding and declaring his communi-
ty’s peaceful intent. ‘‘We’re not do-

i inno. anna wae

VE + S6BL SZ AVN ‘AVGSHNHL - AVGOL VSN

Oklahomans say suggestions —
of ties to McVeigh are false -

By Mark Potok
USA TODAY

ELOHIM CITY, Okla. — At

the end of seven miles of lone-

ly, rutted dirt road, surrounded
by uniformed young men and
women carrying pistols and
truncheons, the Rev. Robert
Millar is giving his views on
race.

“Blacks are better served by
living separately,” he says.

But the big question at
Wednesday’s church service-
cum-news conference is
whether Millar, or members of
his apocalyptic religious group,
is connected in any way to
Oklahoma City bombing sus-
pect Timothy McVeigh.

Federal officials say tele-
phone records show McVeigh
called the community of less
than 100 people — set amid
post oaks and elm trees on the
Oklahoma-Arkansas border —
three days before the April 19
bombing and four minutes af-
ter he called to reserve the Ry-
der rental truck used to trans-
port the Oklahoma bomb.

In 1993, McVeigh was
stopped for a traffic violation
in western Arkansas, about 20
miles from here.

But Millar denies ever meet-
ing McVeigh or knowing any-
one who has. And, he says, “T’ll
state unequivocally that no-
body in this community has
any knowledge of ever speak-
ing on the telephone to anyone
named Mr. McVeigh.”

He then produces telephone
records for Elohim City, a col-
lection of scattered mobile
homes and buildings, that re-
portedly show no calls to
places McVeigh is known to
have frequented. ;

The man known here as
“grandpa” also decried the
bomb attack that left at least
167 men, women and children
dead last month: “Anybody in-
volved in a thing like that must
be part of the lunatic fringe.”

Dressed in a gray suit and
tie, Millar uses the tones of a
friendly country preacher as
children walk about, offering
Sandwiches and drinks.

Although he denies being a
white supremacist, much of
the conversation centers on his
group’s views about race and
its ties to white supremacists.

> Yes, says Millar, he knew
and cared for Richard Wayne
Snell, the white supremacist
who was executed in Arkansas

——7= ss

peer

AIF director

says 6 people
likely involved

By Kevin Johnson
USA TODAY

Discounting the notion of
a widespread conspiracy,
Bureau of Alcohol, Tobacco
and Firearms Director
John Magaw said Wednes-
day that three to six people
were most likely involved in
the bombing of the Alfred P.
Murrah Federal Building.

Magaw also told CNN
that investigators have not
given up the pursuit of sus-
pect John Doe No. 2, subject
of a nationwide dragnet.

“John Doe 2 is still in the
picture because there was a
person there that day when
that truck (used to carry the
bomb) was rented” by sus-
pect Timothy McVeigh.

Also:

>» Michael Fortier, 26,
McVeigh’s Army buddy,
continues to talk to authori-
ties. Law enforcement offi-
cials say Fortier has said
McVeigh spoke of bombing
the Murrah building during
a trip to Oklahoma City

building about a week be-
fore the bombing.

> Relatives of bombing
victims gathered in Oklaho-
ma City to support legisla-
tion limiting appeals in fed-
eral death-penalty cases.

> Edye Smith, mother of
two boys killed in the bomb-
ing, said she met with offi-
cials and was “able to dis-
solve some of the rumors”
that Bureau of Alcohol, To-
bacco and Firearms staffers
were not in the federal
building April 19 because
they knew of a bomb threat.

on April 19 — the same day as
the bombing. In fact, he was
with Snell for his last three
hours, watched the execution
and brought Snell’s body back
to be buried at Elohim City, He-
brew for City of God.

‘Snell had been serving a life
term for killing a black Arkan-
sas state trooper in 1984. He
was executed for killing a
pawn broker and former po-

when they scouted the |

THE NEW YORK TIMES NATIONAL ruurspay, may 25, 1995

Leader of Apocal lyptic Sect Denies Kn

By SAM HOWE VERHOVEK

MULDROW, Okla., May 24 — Six
miles up a red-dirt road, into a re-
mote pocket of forest in the Ozark
Mountains of far eastern Oklahoma,
reporters came today to a religious
community that calls itself Elohim
City. They were met by blue-shirted
security guards bearing pistols, billy
clubs and walkie-talkies, but also by
women bearing cookies and finger
sandwiches, and by laughing chil-
dren flitting about on tricycles.

They were there at the invitation
of the group’s mustachioed leader,
69-year-old Robert G. Millar, who
had a distinct message: the people of
Elohim City had never heard of
Timothy J. McVeigh, at least not
until the rest of the United States did.

The isolated sect, whose teachings
weave messages of Christianity, mil-
itarism, resistance to the Govern-
ment, white separatism and the
coming of the apocalypse, is for the
moment simply the latest out-of-the-
way pocket of the country to inter-
sect with Mr. McVeigh, who had
been charged in the bombing of the
Federal Building in Oklahoma City,
three and a half hours away.

Newsweek magazine, citing un-
named sources, reported this week
that Mr. McVeigh ‘had called”’ the
community on April 5, two weeks
before the April 19 bombing.

“I don’t think I’ve ever seen him,”’
Mr. Millar said. ‘‘I don’t think he’s
ever been in any of my audiences to
the best of my knowledge. He may
have gotten our telephone number
from someone if he used our tele-
phone number. And if he phoned

‘here, nobody here has any knowl-

edge of ever talking to him.”

Some local reporters, in peppering
Mr. Millar with questions today, said
they had heard from unnamed gov-
ernment sources that Mr. McVeigh
may have even visited Elohim City,
which means City of God. But there
has been no official confirmation of
any connection between Mr. Mc-
Veigh and the sect, and Mr. Millar
insisted today that there was none.

“‘No, no, no and no,” he said to one
reporter who asked him whether he
had ever heard of Mr. McVeigh,
whether Mr. McVeigh visited or
called here, and whether he con-
doned the bombing.

To another reporter who asked
about reports of a visit,-Mr. Millar
said, ‘‘] imagine that your unnamed
government sources are manipulat-
ing you.”’

Mr. Millar has had connections
with other anti-government figures.
He served as a self-described spirit-
ual adviser to Richard W. Snell, a
white supremacist who was convict-
ed of murdering a black state troop-
er in Arkansas and a merchant in

a | |

The head of an eastern Oklahoma religious commu-
nity that focuses on militarism and resistance to
government, Robert G. Millar, told reporters yester-

owing Mc Veigh

Associated Press

day that no one in his group had ever heard of the
chief suspect in the Oklahoma City bombing, Timo-
thy J. McVeigh, until the rest of the nation did.

After Oklahoma

City, a reclusive
group turns its face
to the world.

Texarkana, Ark., and was executed
in Arkansas on the day of the Okla-

with members of the media to an-
nounce that his granddaughter An-
gela Millar had last Friday married
James D. Ellison, the head of a now-
defunct, apocalyptic community
known as the Covenant, Sword and
Arm of the Lord. Mr. Ellison, whose
group had been based in northwest-
ern Arkansas, served a prison term
for racketeering and weapons con-
victions in 1985.

Mr. Millar, dressed in a rumpled

gray pinstripe suit with a blue dotted
tie, quarreled with a reporter’s de-
scription of some of his church’s
literature as espousing the view that
Jews are descendants of Satan and
that blacks are subhuman. But he
did not specifically deny those views.

“I think the least-gifted black per-
son has divinely endowed intellectu-
al and physical capabilities that the
most sophisticated robot we can
produce is not able to equal,’’ he said
slowly. ‘‘So what I’m saying is, I
think all of God’s creation is special
and gifted and I’m not interested in
denigrating or belittling or misusing

any part of God’s creation. That

should be a sufficient answer.’’

While Mr. Millar insisted his com-
munity “has not desired publicity,”
he did seem to enjoy his time in the
spotlight, bantering with reporters,
telling jokes and delivering homilies,
beaming approvingly at a Norwe-
gian reporter and saying, “Oh, a
Norsky!”’

He tried to portray his community

as a homespun village of “less than
100 people” whose inhabitants desire
to be left alone and had little money
but little need for it. When asked how
the community managed to pay for,
among other things, its guns, he said,
“Some of our lads do logging; they
also haul hay for the neighbors.”

Mr. Millar also invited the District
Attorney for the four-county region
that includes Elohim City to attend
a religious service here. The official,
Dianne Barker Harrold, told report-
ers that she did not believe that the
sect was a threat.

“I have no reason to foresee any.
problems,”’. Ms. Harrold said.
“They’ve been here 22 years, and
there haven’t been any problems.”

Mr. Millar told the reporters,
“Whether or not we are threatened
with a Waco-type confrontation by
Government agencies in the days to
come may in large part depend on
your faithfulness in reporting what
goes on here today.”

out to the north pasture to fix some
fence after that and didn’t get back
till around two o’clock. When I got into
the house I saw both of them on the
floor and I thought they was dead. I
went and told Mr. Jones. Then I rode
after you.”

“You didn’t see anyone else?”

“No, sir.”

There was a murmur among the
grouped men and I knew what they
were thinking. I thought the same thing
and so did my father.

He said, “Aside from the Taylors,
there’s no neighbor closer than Jones.
He lives two miles from here. There
was a heap happened in this house,
Tyrone. You were around until right at
noon, then went out to the pasture, you
say. Looks to me like you stayed out
there a long time. Most people eat din-
ner at twelve. Not much time passed
from the time you say you left here
until you found these two women, when
you consider how far it is between
houses. Looks to me like you were

W. A. Thompson, seen as he appears
today, was with his father when
they found the “horseshoe” clue

pretty close and it looks to me like you’d
have seen or heard something.”

“J didn’t,” the hired man protested.

“You got any idea what the killer
was looking for?”

Tyrone said he hadn’t, but Harry
Staner told us, “Uncle Mac kept a heap
of money hid in the house and we all
knowed it.”

“How much money?”

Harry said he didn’t know, but he
thought it was considerable.

In those days, this was not unusual.
There was no bank closer than forty
miles, and that, under accepted modes of
traveling, was at least a two days’ trip—
going and coming. Most people who
had anything kept it on their place
somewhere. How much Mac Staner had
we soon learned. :

We heard the sound of horses com-
ing hard—the clatter of their hoofs and
the jingle of trappings. A few minutes
later George Taylor, Mac Staner and
Tom Staner rode up on tired horses.

As he dismounted, Tom said, ‘‘Caught
up with them at the Seven-Mile House.”
There was an understandable pride in
his voice.

The Seven-Mile House! Seven miles
from Little Rock—and Little Rock was
between forty-five and fifty miles from
where we stood. It did not seem pos-
sible that such a ride could be made.

Tom Staner explained it. “As I went
in, I told people to have horses ready
for us on the way back,” he said. “So
we had plenty of fresh hoss-flesh.”

Taylor and Mac Staner entered the
house and in a little while Taylor came
back out. His eyes were red and hard,
but he said nothing.

After a while Mac came out. His face
was a terrible thing to see. With an
effort, he got control of himself, put he
clenched and unclenched his hands as
he said quietly, “Well, gentlemen, she’s

Sheriff W. W. Thompson was sure
he had the killer—but he needed

one final scrap of evidence

gone, and whoever done this thing is
a-going to pay, You mark my words.”

“You have no idea who that person
could be?” my father asked.

“Not any, Sheriff, but Y’ll find out—
and we won’t need no law when I do.”

“Pll find out,” my father said with
equal quietness. “And, Mac, I’m the
law.”

Tom Staner said, “We Staners can
handle this in our own way. I reckon
it?s more our business than anybody
else’s.”

“Shut your mout ,’? my father told
him. He turned to Mac Staner. ‘“Time
is passing and while we can’t do much
tonight, we can do something. You
know if anything is missing from the
house, Mac?” . .

Mac said he’d see. He went back into
the house but stayed only a few minutes.
He reported nothing missing.

My father looked at him, then at me.
His eyes went on around the group,
returning to Staner. He said, “I want
to talk to you, Mac,” and stepped off
into the shadows. I followed him.

When Staner joined us, my father
said, “Now, Mac, tell us what was miss-
ing.” He added, “Don’t lie to me.”

“Everything I’ve ever saved,” Mac
replied. “More than $1,000 in gold ana
greenbacks.”

“Why did you say nothing was miss-
ing?”

“Don’t you know?”

“Yes; I know. You figured like I do.
The man who killed your wife and
robbed your house is as good as caught.
If any man leaves here, he is the man
we want. If any man spends too much
money, he is our man. That the way
you figured?”

“That’s the way I figured, Sheriff.”

“But you haven't got any idea who
the man is?”

“Not any, Sheriff.”

“a

" vy % \

J. F. Shoppach, deputy and jailer,
gained the suspect's eonksehee,
and later prevented his escape

MASTER DETECTIVE

“What abot
Tyrone?”
“He's alwa
good boy.”
“He might
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he could ha
seeing or hea
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reasonable. °
thing,’’ m
added. ‘Ma:
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He called
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he asked, “i:
matter for :
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**Calves
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ing them tk
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JANUARY

f that mermor-

y to my father,
»w minutes we
a fresh mount
t of town over
taners’.
hed on. Nota
e reached the
h by now was
the house we
silently about.
ere were my
four deputy
1, Bob Brents,
yself.
bearded man,
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ut she’s in a

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sing through.”
» know about

MASTER DFTECTIVE

Lat fare
° ,

By W. A.
THOMPSON

Former
Deputy Sheriff

Saline County,
Arkansas
As told to Eric Grey

Mac Staner and Taylor being away and
the women being here alone?” I asked.

My father said, “That's a good
thought, Bud—but wait a minute.” He
turned to the group and asked if any-
one had seen a stranger about recently.
No one had.

“TI didn’t think so,” he said. “This is
pretty well off the beaten trail. So,” he
added, “it looks like a neighbor,”

He went into the house with Harry
Staner. I followed and watched him as

JANUARY, 1942

One among that group of

friendly farmers had slain
two women—but which one?

he moved about the “big room.” He
side-stepped the bloodstains on the
floor and picked up the murder weapon,
a fire poker, which he examined closely.
He asked Harry Staner if it belonged
in the house. Staner replied that it did.

“Then,” my father said, ‘‘whoever did
this thing didn’t come prepared. Any-
how, that’s the way it looks.”

We went back outside and he ques-
tioned Harvey Tyrone. “I understand
you work here,” he said. “Didn’t you

see anybody around the house today?”

Somebody had built a bonfire, and in
the light from it and the torches I saw
everyone’s face; most of the men were
heavy bearded. They appeared strained
and eager as they pushed closer to my
father.

Tyrone said, “I saw Mrs. Taylor
twice. She come over before I got the
chores done. A while later Taylor’s
calves come down the road and she
went out and drove them back. I went

DEATH of the TWO

BOUT two o’clock on a blustery
March afternoon, Harvey Ty-
rone, Mac Staner’s hired man,

clumped up to the back door of his em-
ployer’s home and, after cleaning his
boots, went inside. His first glance took
in the cold kitchen stove. He frowned
and called, “No dinner yet?”

There was no reply. He noted,
startled, that the place was in disorder.
Drawers had been pulled out and ran-
sacked. He went to the:front of the
house. Here was the same disorder. At
the door of the living-room he paused—
then stared in horror at what he saw.
On the bloodstained floor lay young Mrs.
Staner and her neighbor, ‘Alice Taylor.
They appeared to be dead.

Tyrone dashed outside and looked
wildly up and down the road. There
Was no one in sight. He knew that
Staner and Taylor were away, so he
started for the nearest neighbor’s. Half
an hour later he entered the yard of
Bert Jones’ farm.

“Bert!” he called. “Oh, Bert!”

Jones flung the door open. Tyrone
gasped, “Harriet Staner and Alice
Taylor—they’re dead! Mac Staner’s
gone to Little Rock with a load of hogs.
The house is torn inside out. What’ll
we do?”

“They’re dead, you say?” Jones asked
incredulously.

“I reckon,” Tyrone replied. ‘“Least-
wise, they’re on the floor of the big
room and there’s blood ali over.”

Jones thought quickly. He said, “I’ll
saddle a hotse for you. You hurry to
Benton after the Sheriff. Get a doctor,
too. I’l] go get Harry and Tom Staner.”

He quickly roped and saddled a horse.
As Tyrone leaped into the saddle and
started for Benton, Arkansas, eighteen
miles away, Jones saddled another
horse and rode off toward the home of
young Harry Staner—nephew of Har-
riet’s husband.

He found Harry and his brother, Tom,
in a corn crib, shucking:corn.

“Fellows,” he said, “Harvey Tyrone
just came to my place with a tale about
Harriet Staner and Alice Taylor. He
says they’re dead—murdered. We'd
better get over there and find out. He
says the place is torn inside out by
robbers.”

The two men looked at Jones in dis-
belief, but they saw he was serious. He
told them what he knew, adding that
he had sent to Benton for a doctor.

As he talked, they brushed the corn
silks and chaff from their clothes and
started for their barn and horses.

Tom Staner said, “I reckon it’s best
for me to ride after Mac. If what you
say is true, he ought to be here.”

“He’s been gone since before day-
light,” Harry commented. “He’ll be a
far piece down the road.”

“Tll get him,” Tom replied.

Soon the thinly populated though
closely knit district was alive with ex-
cited activity. With Tom Staner thun-
dering down the Little Rock road,
Harvey Tyrone riding as hard for Ben-
ton, those left behind quickly saddled
horses and hitched up teams and started
gathering the neighbors.

An hour or two later the Staner yard
was filled with a cold-eyed, hushed
group of men. Inside the house, women
carefully covered the dead Alice Taylor
and gently nursed Harriet Staner. The
pretty young bride was dying.

In the minds of all was the same ques-
tion: “Who could have done this terrible
thing?”

Here every man had always been
the other’s friend and helper. Far
from any center of life or trade, each
man was dependent upon the other and
murder was a thing far removed from
any of them—or had been until now.
Now it had come with a vengeance, but
no man would accuse another. All were
of an opinion: It must have been a Pass-
ing tramp.

Means of travel in those days were
slow, but to us they did not seem slow.
Covered with mud, and leading his
weary horse, Harvey Tyrone staggered

HOUSEWIVES

into Benton before five of that memor-
able day.

He gasped out his story to my father,
who was Sheriff. In a few minutes we
had saddled horses, got a fresh mount
for Tyrone, and burst out of town over
the rough road to the Staners’.

Night fell and we pushed on. Not a
word was said until we reached the
torch-lighted yard, which by now was
filled with men. Inside the house we
could see women moving silently about.

We -dismounted. There were my
father, the doctor and four deputy
sheriffs—J. F. Shoppach, Bob Brents,
Charley Colwell and myself.

My father was a big, bearded man,
silent, and strong of body and char-
acter. He looked about wordlessly.
Harry Staner pushed through the crowd
and shook his hand. “It’s mighty bad,
Sheriff,” he said. “They were beaten
with a poker. Alice Taylor’s dead.
Harriet is still alive, but she’s in a
bad way.”

“Can she talk?”

Harry shook his head. “And,” he said,
“I got an idea she won’t.”

The doctor went into the house. In
a little while he came out and said
Harriet Staner couldn’t live. “She
might regain consciousness,” he added,
“but it’s doubtful.”

“Then we start from nothing,” my
father remarked.

“Not from nothing. It had to be a
neighbor,” I put in.

“Nobody around here would do a
thing like that,” Bert Jones objected.
“It was some tramp—passing through.”

“How would a tramp know about

MASTER DETECTIVE

Mac St:
the wor
My
thought
turned
one hac
No one

“T dic
pretty v
added, °

He w
Staner.

JANUARY,

his thing is
my words.”
that person
a,
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when I do.”
‘r said with
ac, I’m the

Staners can
y. I reckon
an anybody

father told
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thing. You
ig from the

nt back into
ew minutes.
ng. 2
then at me:
the group,
id, “I want
stepped off
d him.

my father
it was miss-
to me.”
aved,” Mac
in gold anda

Z was miss-

d like I do.
c wife and
d as caught.
is the man
ts too much
at the way

d, Sheriff.”
y idea who

nd jailer,
onfidence,
s escape

STER DETECTIVE

“What about Harvey
Tyrone?”

“He’s always been a
good boy.”

“He might be a good
boy, but I don’t see how
he could have missed
seeing or hearing some-
thing today. It’s not
reasonable. There’s one
thing,’’ my father
added. ‘‘Maybe Taylor
can help us.”

He called Taylor off
to one side. “George,”
he asked, “is it an easy
matter for your calves
to get out?”

“Calves?’’ Taylor
questioned.

“That’s right. Harvey
Tyrone tells .me your
calves got out and he
saw Mrs. Taylor driv-
ing them back up the
road.”

Though terribly
stricken, both Taylor
and Staner were hold-
ing themselves together.
The former now
answered quietly, “No
way in the world for
my calves to get out,
unless somebody saw to
it that they got out.”

“That’s what I
thought,” my father

said. “The man who
killed these women turned the calves
out. He knew the women were together.
He took that means of separating them.
It may be that we can strike his tracks
at the calf lot.”

“Let’s get Willis Brooks’ dogs. They
ought to tell the tale,” Tom Staner sug-
gested.

“They’re here,’ Brooks replied. “Un-
der my wagon.” :

We got lanterns and torches and
made our way to the. Taylor calf lot
and tried the bloodhounds. The dogs
started off eagerly, sniffed the ground,
looked at us with mournful eyes, sniffed
around the group of men, then sat down,
and no amount of coaxing would move
them.

“We'll wait for daylight,” my father
decided. ‘Maybe there’s something
here for us to see.”

Back at the Staner house, we stood
about the fire in almost absolute silence.
My father sat there, slowly whittling
on a soft pine stick. Finally he looked
up.

“I don’t like this sort of business,” he
said. “All of us know one another—and
we all know there is a man among us
the rest of us are going to hang. That’s
not pleasant knowledge. It makes each
of us suspicious of the man standing
next to him, In other words, you are
all suspects—in my mind.”

He let them digest this, then went on,
“Now I am going to give each of you

the chance to tell where he was today—
say between the hours of eleven, when
young Tyrone says he saw Mrs. Taylor
herding them calves up the road, and
two—when he says he came in and
found what he did. You better make

JANUARY, 1942

Attractive Harriet Staner (above) was found dying in her
home, beside the slain Alice Taylor. Was robbery the motive?
Or did the killer set the stage to mislead investigators?

your stories good, because I’m going to
check them thoroughly.”

“What about Harvey Tyrone?” Harry
Staner snapped.

“We'll come to Harvey in due course
of time,” my father said. He looked up
at Bert Jones. “You first, Bert. You live
the closest.”

“Why,” Jones replied nervously, “I
was home, or thereabouts, I reckon. We
had dinner at twelve and I was about
the place after that. Went out in the
back pasture and shot me a few
squirrels. But I was back at the house
when Tyrone come up and told me what
had happened.”

“Kind of quick squirrel-hunting,
wasn’t it, Bert?”

“There’s no use shooting more than
you can eat,” Jones replied.

My father nodded, then said, “Course
you could have circled around over this
way while hunting.” :

In the garish light of the torches,
Jones’ face was ghastly. ‘“‘Reckon I
could have, Sheriff; but I sure didn’t.”

“I hope you didn’t,” my father said.

You could feel the terrible hostility
of that group of primitive men as they
eyed Bert Jones. They seemed to draw
within themselves and away from
Jones. He had been their friend. Little
more than ten years before, during the
Civil War, most of them had been in
the army together—had fought the
Yankees together. For years now they
had worked here, trying to rebuild their
lost fortunes—to build a new country.
Suddenly they were no longer sure of
their old friend.

But this changed, for the worse, as
one by one my father questioned the

others. Many had been
hunting, or looking for
their hogs, or gathering
nuts. One by one, al-
most every man there
made of himself a pos-
sible suspect—a sus-
pect in a crime so un-
speakable as to make
their hot, Southern
blood boil.

Tom Staner said, “To
hell with this—suspect-
ing all of us. Let’s get
the killer and string
him up.”

He started to stalk
away into the night. My
father’s quiet voice fol-
lowed him with, “And
where were you, Tom?”

Staner whirled, his
fists clenched. “Why,
you—you ” he be-
gan. He added more
reasonably, “You know
I rode to the Seven-
Mile House after Uncle
Mac.”

“T mean before that.”

It turned out that
Harry and Tom Staner
had spent part of the
morning looking for
their hogs—but not to-
gether. Afterwards
they had shucked corn,
together, in their crib.

“But neither of you
can account for the other’s time,” my
father said. He added quickly, “Under-
stand, Tom, I’m making no accusations;
but you see it’s not so easy to find the
killer. Too many of you can’t account
for your time and we can’t string you
all up, just on suspicion.”

Tom Staner was agitated and showed
it. He was, we all knew, Mac’s favorite
nephew. Until a year previously, he had
lived with Mac and Harriet’ Staner.
Then Mac had loaned him enough
money, seed and stock. to farm for him-
self, with his brother Harry.

“T’ll try to be more reasonable,” he
said now.

We were no longer closely grouped.
Each man, with a suspicious eye on his
neighbor, was drawn apart from the
other. \ ;

My father did what today would
seem a strange thing; but in those days
we took the Lord more seriously than
many of us now do. He said to Mac
Staner, “Get ‘a Bible.” ~

Mac went into the house and came
back with a family Bible. My father
took the Book and one by one called the
men up to him. He made each man
swear on oath, with hand on the Bible,
whether or not he had killed Harriet
Staner and Alice Taylor. We listened
carefully to the tone of cach man’s
voice, as each swore to his innocence.

Bert Jones’ voice broke. Young Har-
vey Tyrone sobbed pitifully as he swore.
Harry Staner swore, dropped his hand
and added, “And I’ll kill the man who
did this thing—so help me——”

Tom Staner took the oath and swore
that whoever had killed his Aunt Har-
riet would meet a more terrible death. -

7 15

Death of the Two Housewives

(Continued from page 16) your boot heel
after you saw us studying some tracks up
the road.”

Father held out a shiny little horseshoe.
He said, “Bert Jones and I found it, after
I noticed it was gone from your boot.”

We londed Tom Staner on a‘horse and
tied his feet together beneath the animal.
The three or four workmen watched us
without a word. Finally Harry Staner
said:

“You’re making a whale of a mistake,
Sheriff.”

“I’m staking my office that I’m not,” my
father retorted, and mounted his horse.
He added, “If you give us a little time,
maybe we can get him to jail safe. Other-
wise I’m not accountable.”

H WITH TOM STANER mouthing curses,

we jogged toward Benton. I reined
over by my father. ‘You sure you're right
on this?” I asked.

“Pretty sure, Bud,” he replied. “I knew
in reason it wasn’t Jones when I saw how
calmly he went about measuring them
dead women. Not many killers could do
that, in the circumstances. On the other
hand, Tom Staner was plenty nervous.
He wanted to get them bodies out of his
sight. Not often a close relative digs the
dead person’s grave, you know. The
neighbors always try and take that grief
off their shoulders. Then I was doing a
little boot studying myself.” He grinned.
“Not as open about it as you, Bud. Well,
Tom had one of them shoes on his heel—
you can always see the edge of them—and
then a little later he didn’t have. Mean-
time he’d gone to the barn. I found it out
there. Took a lot of locking.

“Them things made a sort of case,” he
went on, “but there’s another angle. Tom
Staner is about twenty-five—the same age
as Harriet. Mac Staner is a lot older. Tom
wanted Harriet, but Mac married her.
Tom didn’t like that much, so he watched
his chances. He had an idea he’d have
Harriet, at least for a little while, and that
Mac would pay him in the bargain. That’s
my case, Bud.”

My father appeared very sure of him-
self, and while it seemed that he had a
case, I wasn’t so certain. It was a known
fact, he said, that Tom had courted Har-
riet Glenn. When she married the older
and more settled Mac, Tom lived with
them for a while, then Mac set him up
on a farm because there was a certain
tension around the place.

“But,” I said, “that’s no proof of mur-
der. Anyhow, where's the money that was
stolen from Mac?”

“We'll come to that, Bud. Murderers
all react the same way. We'll come to
that.”

“You'll need the money and you'll need
a confession,” I said.

“We'll come to that, too,” my father
told me.

But, lodged in jail, Tom Staner seemed
far from inclined toward bringing us to
those things. At times he was stubbornly
silent; often he talked abusively. He was
being persecuted and he’d get square, he
swore. Others thought the same way.

For two reasons, a constant guard was
kept on the Saline County jail—to prevent
Tom Staner’s being lynched, and to keep
him from being rescued by sympathetic
friends. Opinion was about equally di-
vided and both sides were bitterly antag-
onistic. It was a trying time.

Committees of substantial residents
visited my father time and again and de-
manded that he furnish proof of Staner’s
guilt—or release him. My father diplo-
matically but firmly refused to do either.

“I know what I am doing,” he said.

Apparently he did. He refused all
visitors to Staner. He refused to allow
gifts of food or tobacco. Subtly, he let his
prisoner convince himself that he had not
a friend in the world and as subtly he had
the jailer, J. F. Shoppach, cultivate the
captive.

A month after his arrest, Staner said to
Shoppach, “You're the only friend I’ve got.
You don’t think I killed those women, do
you?” ‘

“J think you’re being abused, Tom,”
Shoppach replied.

“I am—and it’s not fair,” the prisoner
said. For a long moment he was silent,
then he went on, “Mr. Shoppach, I'll give
you $500 if you’ll let me escape from this
jail and I'll go so far from here no one
will ever see or hear of me again. You'll
never have any trouble over helping me.
That’s a solemn promise.”

PLAGIARISM

Anyone submitting a plag-
iarized story through the mail,
and receiving and accepting
remuneration therefor, is
guilty of the Federal offense
of using the mails to defraud.

The publishers of MASTER
DETECTIVE are eager—as

are all reputable publishers

—to stamp out this form of
literary theft and piracy. We
advise all magazines from
which such stories are copied
of such plagiarism and coop-
erate with the publishers to
punish the guilty persons.

“Five hundred dollars is a lot of money,”
Shoppach said.

“I've got it,” Staner replied.

“Where?”

Staner smiled mysteriously. ‘After I’m
free, I’ll tell you where,” he said.

He refused to talk further, but he had
said enough and so my father made more
plans.

There was a school-teacher in Benton
who drank a lot and who was about to lose
his position. My father jailed him for
drunkenness and told him to cultivate
Staner. “Help me with this and I'll help
you with the school board,” my father
promised. °*

A few days later, the school-teacher
gave Shoppach an agreed-upon signal and
he was released. In the office, he held out
a sealed letter. It was addressed to Harry
Staner.

My father looked at the note, started to
open it, then changed his mind. “Go ahead
and deliver it,” he said. _

As the teacher rode out of town, my
father and I trailed him. He rode direct
to Harry Staner’s, delivered the note and
left. We watched the house and a few
minutes later Harry came out. He started
excitedly down the road. We trailed him
to Mac Staner’s. In a little while, he and
Mac came out, saddled horses and headed
toward Benton. We trailed them and, to
our surprise, they rode to the jail.

As we walked in behind them, Harry

Staner turned. His face was pale and
drawn. He said, “Sheriff, we’ve got some-
thing here.” His voice shook and you
could tell he was laboring under a great
strain. He held out the note his brother

had written. I read it over my father's

shoulder,

It was a confession of guilt. But more,
it told where the money had been hidden.
It begged that Harry get the money, keep
half of it, give the other half to Shoppach
and Shoppach would set him free. Tom
then swore he would leave the country,
never to return,

“For a while, I thought you were in on
this, Harry,” my father told the mur-
derer’s brother. “But you’re a good man.
You did the right thing.”

“It was not easy,” Harry replied
brokenly. “After all, Tom is my brother.”

Confronted with the note, Tom raved
and cursed. He cursed his dead aunt, his
uncle and his brother. He shouted his
guilt, but swore he would never hang.

Within the week, he set the jail on fire,
attacked Shoppach and ran for the out-
side. Lying on the floor of the burning
building, Shoppach raised to his elbow and
calmly shot the fleeing man’s legs from
under him.

On September 25th, 1877, Tom Staner
went on trial for his life. He was tried
before Judge J. M. Smith and prose-
cuted by M. J. Henderson. On Septem-
ber 26th, the jury brought in a verdict
of guilty and on the 29th, Judge Smith
sentenced him.

The old Judge sternly read his verdict.
“It is considered and adjudged,” he said,
“that you, the said Thomas Staner, the
defendant, be in the custody of the
Sheriff and you, the defendant, Thomas
Staner, by said Sheriff be hanged by the
neck until you are dead, dead, dead. And
may the Lord have mercy upon your soul.”

We started building a scaffold and while
the hammers were ringing and saws rasp-
ing, an old man with snow white hair and
white beard came to my father.

“Sheriff,” he said, “I am John Glenn.
Harriet Staner was my daughter. I
haven’t long for this world, but there's
one thing I want to do while I am here.
I want to spring the trap that will send
Tom Staner into eternity.”

My father looked at the old man a mo-
ment, then said, “All right, Mr. Glenn.”

@ THE HANGING of Tom Staner was

more like a carnival than a solemn
carrying out of justice. People traveled
dozens of miles on foot, horseback, in
buggies and wagons. The town of Benton
was overflowing—and whisky was plenti-
ful.

Tom Staner, with his long red beard
and hair; and John Glenn, with his longer
white beard and hair, made a striking
picture as they stood side by side on the
scaffold. Staner started to make a speech
about his plans in life.

A drunk yelled, “D——d good thing
they caught you!”

The doomed man glared at the crowd.
He shouted, “If I’ve got to stand here and
listen to rude interruptions, I’ll say no
more.” Nor did he.

The black cap was drawn over his head,
my father gave the signal, John Glenn
pulled the lever and Tom Staner, as
heartless a murderer as I ever saw hanged,
shot downward through the trap.

Staner’s body was unclaimed. He was
buried in Benton and, a short while later,
his grave was looted. For years after that,
his mummified body was exhibited by a
traveling show. Nothing was ever done
by the authorities to stop this, at that
time, not unusual exhibition.

MASTER DETECTIVE

wer Jae

(Continued ,.v...
ters I was accus«
end. There were

I would never b

missioner Luship

trial, It was pre}
Preposterous ¢
perior Court whe
bail and asked th:
my close associa
torney’s Office wv
counsel me.
“How are you
charges stick?” th
“Wait and se
realizing that my
office was at stake
the indictments t
and then, if I lost
making a public f
determined to wij
by smashing those
intimates I didn’
hunch I was play

I had a two-fol
the racket trial a
shots of the clea
completing the ir
striking now and
the whole mob, I !}
would break some
defendants. Expe:
there is always a
boldest of rackete.
tending to know :
activities than I re
out a frightened m.
precious hide, wou
of them.

During the nine-
satisfaction of seei
fight broke out amc
in trying to shift
exposures came to

My second reason
feet first was based .

. hunch than t

Eddie "Easy Mone,
jaunty air when he »
impriso:

JANUARY, 1942

STANER, Tem, wh, hanged Benton, Arkansas on Neveubor oe er

[Fe a

—

‘ie

TENSAS
, GAYA,

PEND PUES

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7 “
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TRUE POLICE CASES,
March, 1949

di shade v]
Me accaraart LES:
cexsneasanes suspicion.
aay Dean ‘

a an a : ees . v4 i;
he man had often declared his intentions to travel to far places. “There ain’t
-, Nothin" here for nobody,” he’d say. “I mean to see a heap of country before I

5 gag die” jira ey ‘
Mes * id Probablyifew men have traveled longer than he did; and surely few under
Pik! 1 ma he e'sdme Circumstances, He traveled many times through all the states of the
* Gath, most ofthe, North, some of the West and in Canada—and he did not

(Car€athing for ariyof it, nor any of the thousands of people who saw him. His
oy it traveling was BomNAyith a show, as a principal attraction. It was a job’he could
he not.quit andegagemman whose meal ticket he was would’ not dispense with his

i ICES f ‘

“tee Gy, ' ieee “Step inside, folks, and see the man who murdered
j dh 4. 4 saree d Alice Taylor. See this cold blooded “killer of beautiful
| ice. women! He’s:big as life and twice as natural, folks, but he ain’t goin’ to hurt
oy ih Oe ~“ nobody anymore. Get your tickets, right here, folks—just a thin dime to see
hen the bloodiest killer since John Wilkes Booth. . . .”
There were several carnivals traveling the country :claiming to have the
mummified body of John Wilkes Booth as a side attraction; but only one show
* ol claimed to have the slayer of Harriet Staner and Alice Taylor. Their
2 claim was legitimate. —‘
BY CAPT. R. HAVELOCK-BAILIE It was 78 votes ago last March that George Eisler found the bodies
of the two pretty women. Eisler was Mac Staner’s hired man. Staner
had. gone to Little Rock with a load of hogs and Taylor had accompanied him.
Mrs. Taylor was to stay with Mrs. Staner in the latter's home—the most pre-
tentious in that part of the Arkansas countryside.
The hired man stood slack-jawed in the doorway, between the dining room
and the living room of that home, 18 miles from Benton. He had never before

The other: men swore similar oaths.

It was breaking day now and we
officers drew to one side. I said, “It’s
hard to believe, but it looks like Bert

Jones to me, or- is

My father looked at me coldly and
said when I had a little more hair on
my lip I’d know enough not to accuse
any man. He added, “I’m not accusing,
but if we don’t learn something soon,
Y’ll agree with you in part. I’ll take
Bert Jones and Harvey Tyrone in. It’s
danged funny to me that Tyrone didn’t
see or hear any more than he claims he
did—and it’s just as strange that he
didn’t come in to dinner until two.”

We walked slowly down the road to
Taylor’s calf lot, talking about the diffi-
culties of the case. These people were
‘all friends—we knew that. There had
never been trouble of any sort among
them. This was a big free-land country,
with a big free-hearted people trying
to rebuild their lives. All of them
worked together to that end. Yet it was
more than unlikely that an outsider had
done this thing. One of them must be
guilty.

We searched the ground closely
around the calf lot, not knowing what
we were looking for. There were many
hoof prints by the gate. There were
also footprints, most of them made the
night before.

Circling, we picked up a footprint
near an outbuilding—a print that had
on the heel a small horseshoe—often
used in those days to prevent heels
from turning and to make boots last
longer.

“Probably George Taylor made it,” I
suggested.

My father looked at me and started
trailing the print. A moment later
we saw that its wearer had come
and gone the same way — through a
small field and over a rail fence to
the road. We lost the print there, but
my father said, “That’s probably our
killer — else why did he do so much
circling around?”

“It doesn’t bring him very close to
us,’ I commented. “I'll bet there’s
twenty boots like that around here.”

“Not as big as that one,” my father
said. He put his own foot alongside a
print, and though he wore a size eleven
boot the print was much larger. He
added, “That’s why I knew it was not
George Taylor’s. It looks like the killer

came up the road and went over the
fence to the calf lot and turned the
calves out. He was covered by trees, so
he wouldn’t be seen by anyone at
Staner’s. He went back the same way
for the same reason.”

“Tf that’s our killer, then,” I re-
marked, “it leaves out young Tyrone.
He’s a small man.”

“Unless he wore a pair of Mac
Staner’s boots.”

“Is he that smart?” I asked.

My father shrugged and we went
back to Staner’s house, where we had
breakfast.

The womenfolk had “laid out” the
bodies of the two victims, and Bert
Jones was calmly measuring them.
Bert was a carpenter and it fell to his
lot to build the caskets in which they
would be buried.

I looked at his feet—big feet they
were. He wore rough cowhide boots
like the rest of us wore and I could see
a shiny edge of metal under one heel.
I shuddered as I watched him and won-
dered if he was the murderer, prepar-
ing calmly to build the boxes in which
his victims would be put away.

Mac, Tom and Harry Staner and
George Taylor watched him with hard
eyes. I looked at their feet, too. They
had large feet. And I looked at all the
other feet, just as my fellow deputies
were doing. It seemed that everyone
had large feet.

My father seemed to pay no attention
to them, but talked in a low voice to
the Staners.

Suddenly Tom said to his brother,
“Let’s go. Somebody’s got to dig them
graves.” They strode noisily from the
room and I saw them getting picks and
shovels from a shed.

There was a wooded knoll on the
Staner place, used by the Staners and
Taylors as a graveyard. Tom and
Harry went there and one or two others
joined them in their sad work.

The morning passed. Men were
grouped about, my father mingling with
them and talking quietly. There was
the click of picks and shovels and in
the barn the sound of a saw and ham-
mer. Funeral arrangements were that
simple in those days.

The grave-diggers knocked off for
dinner, but shortly afterward returned
to their work. In mid-afternoon my
father came to me.

opie’

(Left) Officers sought in vain
for clues to the double slaying
in the ransacked Staner home

The heartless murderer (below)
betrayed himself when he
wrote a revealing letter

“Bud,” he said, “get our horses to-
gether. Get all the deputies. Get an
extra horse. Do it quiet as possible and
all of you come up where they’re dig-
ding them graves. Don’t take too long.”

He started toward the distant knoll
and I looked after him wonderingly,
then I did as he had commanded. When
Shoppach, Bob Brents, Charley Colwell
and I rode up to the knoll, my father
was standing watching the grave-
diggers.

One grave was finished, the other al-
most completed. When it reached the
traditional six feet, the workers climbed
out and my father said, very quietly,
“Well, Tom, you’ve finished the graves,
which is no more than right. We’ll be
getting in now—to Benton.”

Tom Staner whirled and exclaimed,
“Benton! What do you mean by that?”

“I mean you’re under arrest for mur-
der. If you come quiet, maybe we can
get you there before these good people
string you up.”

Tom grabbed a shovel and swung it
at my father’s head. Father made a
quick step to one side and drew his

un.

“T’]] shoot you where you stand,” he
said.

Tom dropped the shovel and started
sobbing. “You’re crazy!” he cried. “I
loved Aunt Harriet.”

“J know you did—in your way,” my
father told him. ‘“That’s one reason
you’re going to hang. Another reason
is that you went to the barn and pulled
a horseshoe off (Continued on page 66)

MASTER DETECTIVE

scrape :

She r
side, as
luminot
dicated
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dreami!
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JANUARY

Death’s Arkansas
Traveler

[Continued from page 37]

said, “Where'd you catch up with them,
Tom?’

“At the Seven-Mile House. They was
a-puttin’ up fer the night.” —

Thompson was used to strong men—
men who uncomplainingly did the im-
possible—but he said admiringly, ‘“That’s
a heap of riding, boy—near to 80 miles
there and back.”

Tom Staner modestly agreed that it
sure was a heap of riding but explained
that as he rode toward Little Rock he
had slowed long enough at several dis-
tantly-spaced farmhouses and asked that
they have fresh horses ready for three
men who would come back in a hurry.
“That helped us a lot,” he said.

Thompson complimented him by say-
ing it was a right smart thing to think
of in the circumstances. He had been a
Confederate officer. “Good generaling,”
he said. ne

Mac Staner and George Taylor
emerged from the house hard of eye, set
of jaw, clenched of fist. “Somebody's goin’
to hang for this day’s work,” Taylor
swore brokenly. »,

“Somebody shore will,” Thompson
promised but he was far from sure he
could keep his promise. He said to Staner,
“Mac, you got any ideas about this?”

Mac Staner said he hadn't a one. “I
don’t see how a body could do a thing
like this to Harriet and Miss Taylor,” he
said. “They never hurt nobody in their
lives and I certain sure ain’t got no
enemies that bad,”

‘Whoever done this wasn’t any enemy,
Mac....”

“He wasn’t no friend,” Staner said.

‘What I mean,” the sheriff explained,
“the killing was incidental to something
else, Mac. Do you keep any money around
the house?”

Mac Staner said he did and Thompson
told him to see if it was still where he
kept it. Staner went back into the house,
returned presently, and said, “It’s all
there, Sheriff.”

Thompson was a good judge of men.
Mac Staner, he knew, was lying and he
thought he knew why. He said, “Mac, I
reckon there’s times when a lie don't
hurt a man but this ain’t one of them
times. How much did you lose, Mac?”

Mac Staner hung his head before the
sheriff's stern gaze. He said, “Over $1,000
in gold—all that I had in this world.”

“Who knew you had it, Mac?”

“Why, I don’t know. I reckon every-
body knows I git hold of a little cash
money time and again. and they know a
body can’t bank so I reckon they all
know I had it here.”

“And everybody knew you were going
to Little Rock—you and Mr. Taylor.”

The sheriff turned to Taylor. “Mr.
Taylor,” he said, “has the fence to your
calf pasture been in bad shape long?”

Taylor looked puzzled. “Bad shape?”
he said. “There ain’t a thing wrong with
my pasture fence, Sheriff.”

“Let’s go see about that,” Thompson
suggested.

e called Deputy Shoppach to one
side. “John,” he said, “this might turn
into a delicate business. If that pasture
fence don’t show signs of just being

-mended you better have things in hand

enough to get George Eisler away from
here mighty fast—these people don’t
much like what's happened out here and
a man can’t blame'them much.”

_ “If that fence has been fixed, Eisler
still ain’t out of hit,” Shoppach said. “He
could have gone down there before or
after he done his dirty work here and
tore some of it down. He could have
ut it back so as to make it look like
e was not here when that killin’ was
going on.”

“That’s true enough but we can soon
tell whether or not them calves was out,”
Thompson said. “If Eisler done what
you suggest he might have*he wouldn't
have let the calves out. If the calves was
out, he was certain sure over there really
fixing the fence and innocent of this
killing. Somebody tore the fence «down
and drove the calves this-a-way to get
him away from the house, seems to me.”

Shoppach nodded. “Sounds reason-
able.” He paused, then said, “Mac Staner
wants to take the law in his own hands,
seems as though.”

“That's a fact,” Thompson agreed.
“That's the reason he lied about that
money. He thought he'd keep that to
himself and keep his eye out for some-
body doing some spending he ain’t right
able to do. But we got to have law, John,
no matter what we might think personal.”

“Things look bad for George Eisler
because he was handy to the job,” Shop-
pach said, “but any man here could have
done this thing.”

“Any man here,” Thompson replied.
“And he’s bound to be here right now.
If he stayed away it would attract too

.much attention to him.”

At that moment one of the women
came out on the porch, standing in the
fan of light that cut through the door-
way. Mac Staner was almost instantly at
her side. She barely nodded and Staner's
broad shoulders slumped. There was a
restless shuffling of feet among the men
around the fire, and, as one man, they
turned toward George Eisler. The flames
of the open fire rose and fell, casting
lights and shadows over faces filled with
suspicion and cold determination.

Sheriff Thompson knew that bad
trouble was near and he must forestall it
then or it would be too late. He said'in a
firm voice, “Mr. Abernathy, you live
closer to here than anyone else; where
were you from dinner time until 2 o'clock
today?”

Seth Abernathy looked startled. “Why,”
he said, “why I war to home, Sheriff.”

“You mean in the house?”

Thompson knew better than that. He
knew that nothing less than a broken leg
would keep Abernathy indoors, no matter
what the weather, except for his meals
and sleep. The old, farmer Indian scout
even grumbled about sleeping indoors.

“No; I warn’t in no house. I war éut
in them woods to the north of me, just
a-lookin’ around.”

‘

“Alone?”

“OF course I war alone.”

“Then you can't prove you wasn't over
here about the time Miss Staner and
Miss Taylor was killed.”

“Bill Thompson, be you tryin’ to say I
kilt them pore wimmen! Be you tryin’
to say... .”

“I’m trying to say you can't prove
where you were at that time,” Thompson
said. ;

He watched the gathered men closely,
saw their suspicions turn to Seth Aber-
nathy. He said, “Clyde Ellis, where were
you?” Before Ellis could answer he said,
“It's too early for Spring plowing and
hunting is good right now. How many of
you went hunting after dinner? Raise
your hands.”

Several hands went slowly and nerv-
ously upwards and the sheriff said, “If
you was hunting you can’t account for
your time. You—any of you—might have
taken a notion to come over here.”

“You're a-mixin’ things up, Sheriff,”
Harry Staner protested. “You cain’t get
nowhere that-a-way,”

“Where was you, Harry?” Thompson
snapped.

“TL was a-huntin’ my hogs and I... .”

“Was Tom with you?”

“No; he wasn't but... .”

“I was a-huntin’ hogs too,” Tom Staner
said. “No sense both of us goin’ the same
direction.”

“You wasn’t with Harry,” Thompson
said. “You see now what I mean. Let’s
forget about naming names and thinking
the wrong thoughts about anybody spe-
cial. I ain't got time to stop a lynchin’—
I got work to do.”

Almost every man present had brought
a lantern and all of them followed the
sheriff and his deputies down the narrow
road toward the Taylor place, more than
a mile distance. They made a menacing
band: boots clumping and squeaking,
guns now and again clicking together or
clanking against lanterns; the pale flames
of the lanterns casting a spoke-like nim-
bus that forever reached into deep
shadows and made familiar objects seem
ghostly and unreal.

No words were spoken beyond a single
remark Thompson made to Shoppach
and the deputy’s reply, “There's been
calves along here today,” Thompson said.

Shoppach’s keen eyes had also taken in
the fresh droppings. He said, “That's sure
as the world,”

They reached Taylor's calf pasture. A
dozen or more calves approached just
near enough to the fence to watch them
curjously but from a judicious distance.
George Eisler showed the men the part he
had repaired and there was no question
but that he, or someone, had done some
work there.

“Somebody plain tore that fence
down,” George Taylor declared. “It was
tight as a fiddle string yesterday.”

“Somebody tore it down all right—and
started the calves toward Mac Staner’s,”
Thompson agreed. “On the face of it I'd
say they wanted to get Eisler up this-a-
way, though I can’t say things are always
the way they appear.”

While everyone present realized the
truth of this, sentiment nevertheless
changed favorably toward Eisler; and

every man but
tion: “Who d
women and trie
Eisler?” Each n
idea about this
“If we had s
began but rea
useless withou
might be attra
to Eisler’s.
There was n
the pasture—n:
started back to
ing out accord:
tiredness. No «
about dawn pr
the funerals of
Taylor.

Thompsor
can get at that
some looking i

“It's only fi
dig Aunt Har
said. “It’s the
for her—and tl

Tom Staner
but he tentat)
legs and reck«
diggin’. They
accompanied |
left for a smal
tween the Tay

While most
one way or anc
pach saddled '
to Taylor's cal
ing.

“T saw some
I want to see
mite more abo

“T saw it my
so did Charley
Charley gave }

“I noticed
close,” the she
done a lot mo

What he h
several of the
who wore a 8)
of his boots. J
thing in those
to the nth de
item of appar

They founc
lowed them t
east side of the
and coming”
maker had as
movements.

“They were
tion about th
observed that
from the da
through the
Mac Staner’s

“The ques:
Shoppach rey
them little he
a heap of mer
see....”

“T know aly
the sheriff cut
he was the k
tracks cut ar

Shoppach
asked two of :
you figger it «

“He had h
last night. Af

seen anything like the sight that greeted his eyes. Blood was
everywhere—on walls, the ceiling, the floor and over-turned
furniture. Harriet Staner was near the great open fireplace
and Alice Taylor was sprawled in the center of the room.
Both Jay unmoving, with the appearance of shattered,
blood-splashed dolls that had been carelessly tossed aside
by a fretful child.

' George Eisler had trouble getting his feet to move but
once started they moved fast and he was breathing with
difficulty when he reached the bachelor home of Harry and
Tom Staner, almost two miles distance. .°

“Boys,” he gasped, “I got plumb bad news—somebody’s
up and kilt Miss Staner and Miss Taylor. Kilt them dead!”

The two young men stared at Eisler in disbelief. Tom
Staner was first to speak. “Iffen that’s the truth,” he said,
“L reckon you know who done it; leastwise you should.
You're the onliest one over there and... .”

“Now, Tom,” Eisler interrupted, “take care what you
say. I'm the onliest one supposed to be over there but some-
body else sure as the world’s been over there. I just found
them wimmen—come in from fixin’ fence and there they

yas, plumb dead. I run like fire to git word to you boys
because you're Mr. Staner’s own nephews and I reckoned
you all was the ones to tell. Iffen I’d done it, iffen I'd kilt
them wimmen, I reckon I'd be makin’ tracks outen the
country instead of a-runnin’ over here.”

Tom Staner nodded slowly. “I reckon there might be
somethin’ to that,” he admitted. Then, “You certain sure
they are dead?”

“They looked mighty dead to me,” Eisler replied. He
slumped to a wagon tongue in the farmyard where he had
found Tom and Harry Staner, “I ain’t never seen nothin’
like it in all my born days and I went through the war,”
he wheezed. “I fit with Bragg at Chick-
amagua and... .”

“Let’s git back to Aunt Harriet and
Miss Taylor,” Tom Staner suggested.

“Well,” Eisler said, “there’s blood
all over and the house is tore up and
them two wimmen are a-layin’ there
all over blood and... .”

“This ain’t gittin’ us nowhere,”
Harry Staner put in. “Iffen Aunt Har-
riet and Miss Taylor’s been kilt we
got to git the high sheriff out here,
from Benton and it’s certain sure we
got to git holt of Uncle Mac and Mr.
Taylor.”

Tom Staner withdrew from his
pocket a large, silver hunting-case
watch which he consulted seriously.
He said, “It’s 2:20 right now; they left
here before daylight and will be a fer
piece down the road. But I reckon that
sorrel geldin’ of mine can ketch up
with them before they git a heap
further. Howsomeever,” he added, “I
cain’t bring them back and the high
sheriff too.”

“I'll go to Benton,” Eisler volun-
teered,

Both the Staners looked at him
sharply and Eisler read their thoughts
correctly. He said to Harry Staner,
“Then you go alter the sheriff.”

Two fast horses were saddled and
Vom Staner mounted one of them and
rode slowly from the barnyard. Tom
Staner was a horseman; he knew
the way to make a fast trip was to

A recent photo of W. A. Thompson,
who as a boy worked on the mur-
der case with his father, the sheriff.

Deputy Sheriff Shoppach was
quick to see the tell-tale
marks at the broken: fence.

warm up his horse by degrees.

Harry Staner handed the
bridle reins of the other horse
to Eisler. He said, “All right,
George, I'll chance you'll bring
back the sheriff. I reckon my
place is here.” He added, “You
better bring back a doctor
too.”

“A doctor ain’t goin’ to do
them wimmen no good,” the
hired man said as he flung him-
self into the saddle.

However, Harry Staner’s thought had been a good one,
as was shortly proved. There was no saddle left so he
climbed on a third horse bare-back and started for the house
of tragedy. He did not take the most direct route, going
by way of scattered neighbors to tell them of what had
happened. It was a trip that consumed considerable time
but one he felt necessary.

Though the area was not newly settled—Litule Rock, some
+5 miles distance, being urban enough to possess two news-
papers one of which was 39 years old, and Hot Springs,
somewhat closer, having been made a national park 35
years previously—neighbors were few and far between.
Harry Staner asked each person he saw to notify someone
else.

‘ “We're goin’ to need everybody we can git to help,” he
said. ,

Arriving at the Mac Staner home,
he viewed with hard eyes the scene
which had so upset George Eisler and
he could understand the hired man’s
shock. But one thing he saw that Eisler
had overlooked—Harriet Staner was
still breathing, though faintly.

“If the doctor gits here and fixes
her so she can talk, whoever done this
ain’t got much chance of gettin’ away,”
Harry Staner muttered.

Neighbors began to arrive and
while men of that era tried to shield
their womentolk from the brutalities
of life, in this instance the women
were brought along because a killer
was at large in this ordinarily peace-
ful district. And that killer, every man
felt, could be one of their own peo-
ple—a man all of them had_ broken
bread with. Yet they also felt that this
was scarcely probable. The commu-
nity was so closely woven; every man
was the others’ friend.

Sheriff W. W. Thompson of Saline
County ‘felt the same way about it
when he first reached the Staner home
shortly alter darkness had set in, With
Thompson were Deputies J. F. Shop-
pach, Bob Brent, Charles Colwell and
W. A. Thompson, the sheriff's son, a
boy of 16. Just behind them came
George Eisler and a doctor.

The house was as brightly lighted
as primitive lighting methods could
make it and the yard was luridly
lighted by a large bonfire around
which bearded and booted men, all
of them armed, stood silently, Small
and hall-grown boys stood about, ex-
uding an air of grownup importance

be aS SSE ER ae

apr ere

2 Pe rE gE Be TNE OT Ar

as befitted
The sheri
group. Harr
aunt was stil
from his ho
the women
place in frig
riet Staner.
The doct
body, the b:
heart, With:
stopping on
Taylor. He
said. “No n
gone long |
The doct:
some sort o!
gun-barrel «

The kil
the instrun
entered the
by nature «
the murder
been impos
icate the bl
and walls.
when finger
identificatic
heard of, t
the sheriff
first questio
dition in \
drawers an
found.

“Had
searched?”
The wor
son and w
the weapc
toward the
them said,
poker, Sher
The big.
over to the
up the po
pered steel
yard long.
Long hairs
some dark,
It was, Tl
he hefted
weapon.
“Tt belon
he said.
Again se
nodded anc
about the 1
his deputie
to one side
“Men, this
living out }
There's
Harry Stan
clamped hi
“Unless >
“George
war,” Stane
likely some
“Would
to Little R
“It was son
it was some
Mac did ke
Harry St

war alone.”

n't prove you wasn't over
time Miss Staner and

3 killed.”

on, be you tryin’ to say J

wimmen! Be you tryin’

O say you can’t prove
it that time,” Thompson

1€ gathered men closely,
ons turn to Seth Aber-
‘Clyde Ellis, where were
is could answer he said,
x Spring plowing and
ight now. How manv of
ig after dinner? Raise

went slowly and nery-
ad the sheriff said, “If
you can’t account for
iny of you—might have
‘come over here.”

n’ things up, Sheriff,”
tested. “You cain’t get
Ly.

ou, Harry?” Thompson

my hogs and I... .”

but... .”
hogs too,” Tom Staner
th of us goin’ the same

th Harry,” Thompson
w what I mean. Let’s
ag names and thinking
ts about anybody spe-
ne to stop a lynchin’—

n present had brought
of them followed the
uties down the narrow
tylor place, more than
ey made a menacing
ping and squeaking,
n clicking together or
aterns; the pale flames
‘ing a spoke-like nim-
reached into deep
familiar objects seem

oken beyond a single
made to Shoppach
reply. “There’s been
day,” Thompson said.
eyes had also taken in
He said, “That's sure

‘ylor’s calf pasture. A
ves approached just
fence to watch them
a judicious distance.
d the men the part he
lere was no question
2one, had done some

1 tore that fence
lor declared. “It was
1g yesterday.”

down all right—and
ward Mac Staner’s.”
On the face of it I'd
get Eisler up this-a-
ay things are always

resent realized the
iment nevertheless
toward Eisler; and

every man but one asked himself a ques-
tion: “Who done it—who killed them
women and tried to put blame on George
Eisler?” Each man doubtless had his own
idea about this but none gave voice to it.

“If we had some dogs. . . .”’ Shoppach
began but realized that dogs would be
useless without a definite trail. They
might be attracted to Taylor’s spoor, or
to Eisler’s.

There was nothing more to be done at
the pasture—not right then. The group
started back to Mac Staner’s place, string-
ing out according to different degrees of
tiredness. No one felt like sleeping and
about dawn preparations were begun for
the funerals of Harriet Staner and Alice
Taylor.

Thompson said, “Some of you men
can get at that grave digging now. I got
some looking around to do.”

“It's only fittin’ for me and Tom to
dig Aunt Harriet’s grave,” Harry Staner
said. “It’s the onliest thing we can do
for her—and the last.”

Tom Staner said he was right tired
but he tentatively flexed his arms and
legs and reckoned he could do a little
diggin’. They found tools in a shed and,
accompanied by most of the other men,
left for a small clearing a-top a knoll be-
tween the Taylor and Staner places.

While most of the men were occupied
one way or another Thompson and Shop-
pach saddled their horses and rode back
to Taylor’s calf pasture without a follow-
ing.

“I saw something there last night that
I want to see in daylight and find out a
mite more about it,” Thompson said.

“I saw it myself,” Shoppach said; “and
so did Charley Colwell. I’m a little afraid
Charley gave it away.”

“I noticed him looking a mite too
close,” the sheriff said, “but it might have
done a lot more good than harm.”

What he had seen was a footprint—
several of them in fact~made by a man
who wore a small horseshoe on the heel
of his boots. This was not an uncommon
thing in those days when men protected
to the nth degree any “store-boughten”
item of apparel.

They found the prints again and fol-
lowed them to a patch of woods at the
east side of the pasture. They were “going
and coming” tracks, evidence that the
maker had as far as possible hidden his
movements.

“They were made by our man; no ques-
tion about that,” Thompson said as he
observed that the tracks, after returning
from the damaged pasture fence, cut
through the woods in the direction of
Mac Staner’s place.

“The question is, who made them,”
Shoppach replied. “A heap of men put
them little horseshoes on their heels and
a heap of men got feet that big, so I don’t
see... .”

“I know already who made the tracks,”
the sheriff cut in, “but I wasn’t right sure
he was the killer until I seen how the
tracks cut around through this brush.”

Shoppach looked a question, then
asked two of them: “Who is he? How did
you figger it out?”

“He had horseshoes on his bootheels
last night. After we come over here and

done our looking around he got worried
and pulled the horseshoes off. Leastwise
they wasn’t on his boots at daylight.”

“Who is it?”

Thompson ignored the question. He
said, “You get Bob Brent and Charley
Colwell and my boy. Tell them to saddle
up—saddle an extra horse of Mac’s—and
you all get down to where they're digging
them graves. Be ready for trouble, but
don’t start none.” _

Thompson rode to the knoll where the
graves were being dug and Shoppach
rode on to Staner’s house to deliver the
sheriff's order to the other deputies.

Thompson stood between the two
graves, watching the diggers with seem-
ing casualness. The graves grew slowly
deeper, the mounds of earth to one side
of each slowly higher. Finally one was to
its full 6-feet depth, the bottom scraped
clean as a kitchen floor—the grave Harry
and Tom Staner had dug. With the
sheriff's aid, the two young men climbed
from it, careful not to dislodge any earth.
They brushed off their clothes and looked
back into its depth.

The sheriff said, “You might have been
tired, Tom, but you done a mighty fine
job there. It’s a good grave.”

From a corner of his eye he saw his
deputies rein to a stop a few yards dis-
tance. All of them dismounted and stood
with hands on their guns.

“I wanted it to be a good job,” Tom
Staner said. “Aunt Harriet was a good
woman and I done it careful.”

“You should have been more careful
about digging your own grave, Tom.”
Thompson's voice was slow but his ac-
tions were fast. Before Tom Staner knew
what was happening he found himself

‘staring blankly at his cuffed wrists. He

screamed suddenly, “Why, you—you
dirty... .”

“Careful, Tom,” the sheriff said.

He clamped one great hand on the
man’s arm and half led, half shoved him
to where the horses stood. He nodded to
his deputies and Tom Staner was lifted
to a saddle. The sheriff said, “Tie his feet
to the stirrups, boys.”

The other men in the group stared in
wide-eyed amazement. Almost before they
realized that Tom Staner had been ar-
rested the sheriff and his men had trotted
their horses to the road and headed in
the direction of Benton. The sheriff’s son
held the bridle reins of the horse to
which Tom Staner had been tied. Staner
cursed endlessly.

Sheriff Thompson had his man and he
knew it, but few people shared his
opinion. “What evidence have you got
against Tom Staner?” County Attorney
M. J. Henderson demanded.

Thompson told him. When Tom
Staner climbed from his horse after his
long ride to overtake and bring back
Mac Staner and George Taylor, the
sheriff had noticed the shining horseshoes
on the heels of the man’s boots. Later
they had found tracks made by boots the
heels of which had been protected in that
manner. Deputy Sheriff Charles Colwell
had shown too great an interest in those
tracks and the following morning the
horseshoes were no longer on Tom
Staner’s boot heels.

“I watched Tom that night and fol-

URDER was committed that night in
M the swank, and usually placid English
villa. Yet a woman sitting near an

open door neither saw nor heard anything
out of the way. Stranger still, a dog which
always barked annoyance at the slightest
intrusion, failed this time to give any alarm.
How an astute police inspector solved the
mystery by shopping for clues in an exclu-
sive London clothing store makes a story
rivalling the best Sherlock Holmes tradi-
tion. And then comes the peak of irony with
the second death of the double tragedy that
stemmed from hidden romance. Read it in the

March issue of

SRSTAnT ING

On sale Jan. 28 25c

v good one,
left so he
or the house
oute, going
f what had
erable time

Rock, some
ss two NEWS-
fot Springs.
val park 35
ir. between.
ify someone

to help.” he

taner home,
2s the scene
e Eisler and
hired man’s
w that Eisler
Staner was
intly.

ce and fixes
er done this
ettin’ away,”

arrive and
ed to shield
e brutalities
the women
iuse a killer
larily peace-
es every man
‘ir own peo-
had broken
felt that this
The commu-
1 Bs every man

son of Saline
vay about it
Staner home
{set in. With
s J. F. Shop-
Colwell and
ieriff’s son, a
them came
or.
shtly lighted
tthods could
was luridly
iire around
ted men, all
lently. Small
rd about. ex-
) Importance

as befitted the occasion. This was a serious business.

The sheriff and his men dismounted and nodded to the’
group. Harry Staner shook his hand and told him that his
aunt was still alive. The doctor climbed somewhat painfully
from his horse and strode stiff-legged into the house where
the women of the community sat about the blazing fire-
place in frightened silence or ministered helplessly to Har-
riet Staner.

The doctor tentatively examined the battered young
body, the bashed head, listened to the faint beating of her
heart. Without a word he turned and strode from the house,
stopping only to check on the sheet-covered body of Alice
Taylor. He rejoined the sheriff. “It’s a double murder,” he
said. “No man can do anything for Mrs. Staner—she’ll be
gone long before morning.” !

The doctor said the two women had been beaten. “With
some sort of a slender weapon,” he said. “Something like a
gun-barrel or a poker, I'd say.”

The killer had indeed used a poker. The sheriff found
the instrument of murder a few minutes later when he
entered the house. The women neighbors of Mrs. Staner,
by nature orderly housekeepers, had thoroughly cleaned
the murder room, though it had
been impossible to totally erad-
icate the bloodstains from floor
and walls. But at that period,
when fingerprints as a means of
identification had not been
heard of, this did not hamper
the sheriff's investigation. His
first question was about the con-
dition in which the furniture
drawers and shelves had been
found.

“Had the house been
searched?” he asked,

The women nodded in uni-
son and when he asked about
the weapon several nodded
toward the fireplace and one of
them said, “It war that iron
poker, Sheriff.”

The big, bearded sheriff went
over to the fireplace and picked
up the poker. It was of tem-
pered steel and was at least a
yard long. It was blood-stained.
Long hairs, some blonde and
some dark, clung to the blood.
It was, Thompson thought as
he hefted it, a formidable-
weapon,

“It bélongs here, I suppose,”
he said.

Again several of the women
nodded and the sheriff glanced
about the room a moment longer then strode out to where
his deputies shivered by the fireside. He motioned them
to one side, asking Harry Staner to join them. He said,
“Men, this is a bad business. Whoever done this is a man
living out here—one of... .”

“There's no one around here would do a thing like that,”
Harry Staner interrupted. He added, “Unlessen . . .” then
clamped his lips.

“Unless what—unless who?” Thompson challenged.

“George Eisler war here and he’s the onliest one that
war,” Staner stated, “But I ain’t a-sayin’ he done it. More’n
likely some tramp done it.”

“Would a tramp know Mac Staner and Taylor had gone
to Little Rock?” Thompson answered his own question.
“It was somebody who knowed that the men had left and
it was somebody knowed Mac kept money around the place.
Mac did keep money here, didn’t he?”

Harry Staner nodded. “But...” he began.

CAPT, R. HAVE-

LOCK-BAILIE, born in

Texas, got the writing

“bug” early. At the age

of nine he decided to do

the story of the Ameri-

can Indian and turned

out a creditable book,

self-illustrated, Since

then, he has had pub-

lished no less than 1,200

short -stories and three

books. The only subject he can’t seem to write

about is the story of himself. It was like pull-
ing teeth to get him to open up.

An alumnus of the University of London,
he joined the British army during World
War I, where he rose to the rank of lieutenant-
colonel. Wounded, he became an inspector
of harness being made to artillery specifica-
tions. During World War II, again in the
British army, he had a majority in. ordnance,
wherein there was no probability of active
combat. Just the same, he was caught in the
retreat of Dunkirk. With this rugged back-
ground it is no wonder that he can put such
vivid realism into his stories,

“So it was somebody that lives around here,” Thompson
went on, “and we got to work this careful like so nobody
who's innocent will get hurt. I suppose everybody knowed
Taylor and Mac was going to Little Rock?”

Harry Staner said that was right. “Most everybody ast
them to bring back one thing and another from town for
them,” he said.

“It’s at least a three-day trip,” Thompson reflected. “The
killer had plenty time to work on but he didn’t lose none
of it.” He was about to leave the group but turned back.
“Let’s not name no names or jump to wrong ‘conclusions,

but I'd best talk to Eisler. He ought to know more than _

anyone else unless it’s the killer.”

“You mean he knows more’n anybody else iffen you can
git him to tell hit,” Harry Staner said.

“T said let’s not name no names,” the big sheriff re-
peated sternly.

George Eisler did not prove overly helpful. His word,
unsupported, was that he had been around the barnyard
until nearly noon and then had gone to fix a fence for Mrs.
Taylor. He had not got back until around 2 o'clock. It was
then that he had discovered the bodies. He had not seen any-
one around, he said—either strangers or neighbors.

“You mean you left here just
before dinner and didn’t get
back until 2 o'clock?” the sheriff
demanded. There was incred-
ulity in his voice for Eisler was
noted for his love of eating.
More than one farmer had de-
clared jokingly that “Eisler
makes a good hand but I'd
druther pay his board than feed
him.”

“Something had to be done
about them calves,” the man
said.

“What calves?”

Eisler said that Alice Taylor
had come to the Staner place
early that morning. About 10
o'clock Taylor's calves had come
down the road and Alice had
run out and driven them back
home. When she got back just
before noon, she had told Eisler
the calf-pasture fence was down
and asked him if he would go
fix it.

“That’s what I done, same as
any man would do,” Eisler said
defiantly.

“And the killer came and
went while you was fixing Tay-
lor’s pasture fence—is that it?”

“That's the way it was,” said

Eisler. And until something
further developed Thompson knew he would have to ac-
cept the story at face value. .

In the dark hours of the morning the sound of. racing
hoofs. reached the gathering of bitterly anxious men.
Harry Staner said, “That's Uncle Mac a-comin’.”

“I shore hope it is but I don’t see ‘how it could be,”
Thompson replied. >

But it was. Not many minutes later Mac Staner, Tom
Staner and George Taylor reined their lathered horses to
a stop and dropped wearily to the ground. Mac Staner’s first
words were, “It ain’t the truth, is it?”

Both he and Taylor waited anxiously for a reply and
Harry Staner gave it. “Miss Taylor’s gone,” he said. “Aunt
Harriet’s still alive but the doctor don’t give her no hope
a-tall.”

The two husbands mounted the porch and walked softly
across it and into the house. Tom Staner squatted Indian-
fashion by the fireside. Thompson [Continued on page 54]

~s ni

ay ewe
xe

: 7+ STRICKLAND, ach, wh te, phan maces a HL, SSL
aes AL Fe - ak Bras “ Seskcthb, Eos 1 eae
ike ie “39 ‘ : ~ Ge n aie oe Ae iad 3 ee es ‘3 os ps fae eee pelt tee Sein Ete cate oe a <4 bee's
ao NAP BPA Bs. rive SCHON Sots 2 “9; ema om Dea rare >. dae Ss pee
ne id ig Ge? iy" fe Paeh + = res &« a ihe Ake i he, he és a 4 toe i owe oy ie ie Hus Be
eee . ousing oH 1 Mark wil
sae iM ¢: ate ee oe tre PE ak hs OUT pee ur} eres ey xe
weeee ae “By Margaret Ross. As ‘the he three me worked side bee ae itt ed ene C;
Mh anaes Pa g g e ade Tense, and -¥
Wy A “RECORD CROWD gathered on tho att ole pe, aon fenovee equited. te aceite nak
the» ~ outskixts. of Litt! - Rock. exactly the pile of chips that had fallen to: Chester ‘Ashley, ‘th
legs’. = 0 years : ake yesterday, hes penrcay 7» the ground, “When: the Pasaapecktg \eutor, had once been
Se reacted in the history of the. spine « chips, Strickland struck “him on-the bitter enemies. *The
od ee Fearn Territory of Arkansas. TA”: back of the neck with his broad-axe.~had brought about ty;
july e honor guest was Jacob: Strickland, a S94 vicious was’ the single blow that it ‘patties in Arkansas,
2 her private in:the United States” ATTY: ” ‘completely severed. the man's head. ‘the acknowledged le:
voor. convicted of the murder of 2 fomrades 1. from his body... 85 ‘Crittenden of the ot!
olony, | Private’George Decon, = ~The two soldiers Koriceaied the body: of 1828, in the Gazet
ective. The spectators had come expecting ». and head in a nearby ravine, and piled’ * had been attacked: by
3 Was. -a good show, and Strickland gave it to.” “brush” over them. Returning to the’. described as s, local:
i in hem in best comic opera Style. He. fort that night,” they reported that. the life of his ‘frient
-..+ had bolstered his courage with: the” George Decon had deserted: ‘ Deser- * William’ E.: Woodrui
2. site, anesthetic of alcohol, and ag he wob-’ tions were common among the: fron. Garrett. Garrett fir:
pecies . : ce beneath the noose, he aed rip: . tier troops, and their story was not, _jualesed: Ashley. A :
water: ary eine to an extraordinary car of. the celta it is amazing that both. the oné which killed
h the... + Jacob Strickland, a native of Phila’ “men were not liberally splattered with him in the stomach. .
ay of: detphia, left his frm in Mississippi to” the telltale blood. of their victim, but’ struck his friend Woc
— enlist In the army on December 13,° > they may. have washed it away in a A coroner's jury me
a the 3626. _He was signed up a Natchez: neighboring stream. ie 3) and heard 26 or 30 w
a ee Captain, John Philbrick, ahd assign. > il i was to comé up again
sbirds © 4 to Co. H, 7th United States Infantry — A. few. days ‘gael wil an mals. tion campaign.
ears © | gge e dead man’s head out o
y Regiment. : The muster roll describes. sna ravine and it was’soon discovered -* At, some time ‘aid
nS; him as 27 years old, 5 feet 7 inches 4. soldiers of the fort. In the search ‘fient of Jacob Strick
Sna--at “a ruddy comples fe hazel ey vi bree that followed, the body was also found. © — ay ne
: e Haas (gatas The confession was
n_ the vo. On March 22, 1827, still at Natchez, oe ee tee and i peramiplive tebe circumstantial evidc
em z the rookie soldier. deserted, but was ; ei ce gi sont Po states ‘witnesses whose narr
ap apprehended ‘the next day. - It. Was’. toat both men were Srouslt to. Little. Several officers. fr
ol to probably soon after this thatshe wae poe for trial, but there is no/tecord ~ Gibson were in town
illtop. sent te Cantona eee He "of the other man’s trial. The Gazette, _ trial, and they may |
rg on Present state of Oklahoma. .” * in reporting the case, never mention- the witnesses, as we
Darit. __His victim, George Decon, was also "ed the other man, and there Js some . accomplice. After de
i an.army private at Cantonment Gib- Fo g nf Beattie e as not brought to. a few minutes, the
"Son. -Contemporayy See es eve. no" Little Rock with a charge of murder ™’ ‘verdict of guilty.
nough . details of the murder, except that it sitet him.: The san was com. " Strickland’s lawyc
spond- was a premeditated, cold-blooded: ae Ain Indian Tebsttace west-of Ar for arrest of judgm
ts of _ murder. An aécount written by Wik k but the Arkansas. Superior Some technical defc
smeli® “Yam F. Pope'in his book “Early Days (2nS#S Ut 206 eli tent tre ment. It was the sz
ce, T& $n Arkansas,” published in 1895, ex- \° e nearest hi

hnnal ¢n try the paen --

by which Crittenc

fae ‘ina aneabtad gy bale Heel

aaatls bf $uon. “niter this, us ze ie Fi sn

e i a: "Rock for. trial. “but: Basie w > % seord.

op, preaaht Cataract GIP ‘a tie, ca ofthe other man’s trial, 1¢ Gazette,’
: Of: His victim, George Decon; was’also:- “in ‘reporting the case, never mention» me
Petit an army private at C antonment. Git. <ed’ the’ other man, and there is. some’. Se
‘son. Contemporary sources give no. evidence that-he was not brought. to”.
a pgetalls. of the murder, except that jt * Little Rock with a charge of murder"
ond=” | a. premeditated, ‘cold-blooded against him. -‘The murder was com-.
4g of | pinen ‘An account written by Wik: mitted in Indian Territory west of Ar.
es iam F. Pope. in his book “Parly Days > ly aneag! but the Arkansas. Superior
“in Arkansas,” published in| 1895, ex-. Court was the nearest: eons tris’,
blue: “plains why the crime was so shocking ~ “bu nal to try the case. 0
feed- | . to the: people of Arkansas Territory. in: - For Strickland, there was a long de
‘e728 9 day: when violence of a more ordi- « “Jay” at Cantonment’ Gibsqn, before’:

2re is rary nature was; ‘becoming: common: —

, over.” place. It. was. not a. shooting, but 2 i
Dirds brutal. butchery. ‘ The. fact that it was’ had: been ‘received at Little Rock that oa
there-’ planned in advance’ ‘contributed to. the soldier would be brought here: to S
stages “public opinion, for spur-of-the-moment’ stand trial at the April term of Su- ~
birds ~ killings were easier to forgive than’. -perior Court. Jt was probably not,un-
were: premeditated | crimes. - (Actually; the. til March 15 that. he arrived, Peed the”
ge "N. Strickland Case happened before Pope - "steamboat Facility... et oe
mer “came to Arkansas, but he certainly - In the rickety log jail on Broadway
heard of it in 1832. when he arrived. ) s ‘hetween Second and. Third, es:
“have aE ee eof land “joined two other men awal ng~
e, do” Te ARMY ‘PAYMASTER had just trial for murder. John Scaggs was
them ;, , U paid off the troops at Cantonment charged with the murder of Ellison -:

Gibson, and“Decon was” carrying his “Logan, in Crawford County; and had.
j “é money ‘in his. clothing as he went been an inmate of the Pulaski County,
* about his daily chores. With Strick -: ‘jail since the first week in February. |

~ Jand and another soldier, he was de. Joseph Johnson was to be tried for.

yi: -..: tailed to hey logs for the fort's nt the murder of Alexander Davidson, in
Wwe. lings, - short reece from. the Arkansas County, and had been in the |
ve ae ute ca jail at least as long as Scaggs.

‘Strickland ail the vinnaiied soldier + ” “The brutality of the three murders .

: put their heads together and came UP’ piad greatly incensed the public., AS.
RR Pelicans plan to kill Decon and. steal. time for their trials approached, the
oe as Seas money. ‘He probably did not have! three men schemed to break out. of ©
. pete: a great_deal of money, for the salary ‘the flimsy little jail. On the evening .
Ae os “ot an Army private, ‘then as now, WaS of Saturday, March 22, it was discover: «
- "not impressive. . But ihere were usual-. ed that the prisoners were “cutting
s— "ly long intervals between visits of the out,” and would have been free within
eebbled” paymaster to the frontier posts; and a few hours.’ They were immediately
ane "the men were paid for several months — Handeuffed. Be
7: a ‘service at a time. As there was little ,
hy! 2) ~ opportunity to spend money, éxcept at. “gorERIn COURT BEGAN | Tis.
ee co? the scantily supplied Army’s suttler’s, TERM on April 14, and ended it |

“Decon may even have had a little on May 5. The presiding judge in.
"money left over from the ‘previous Strickland’s case was Thomas 9: Eske.
payday. . yidge. Although he had long. ago.
ment ne é 1 established his home in Arkansas, he -
’ was then temporarily living at his”

family home in Kentucky, because of =
ill health. His doctor. had advised
| ‘him‘ that, while he might safely re -
ij turn to Arkansas to hold court, he
| must under no circumstances risk re:

the .

etably

- hot’

eaacnn:’

summer:

: tence.

maining here after. the onset of “the .

rial i. Sey atiay
«the witnesses, as wel!
“accomplice. After deli

““gafew minutes, ae ]
“verdict of guilty.”

‘Strickland’s, lawyer:

for arrest of Judgmer
“some technical -defec
“ment It was the sam
ee DY which .Crittenden
punishment for. the.

- but it.did not help hi
. Eskridge was about t

"transportation to Little Rock was avail- when the defense law

“able: Before February 13, 1828, word “that they. would prese
‘Jar motion ‘the next
; tionah authority. Thre
- second ‘motion was. a’

tuled..

=H. PRISONER * y
~ DERED to stand
It was Satur:
~eloquent -was- Judge
“-nouncement of the
‘that the Gazette publ

on May 7, 1828."

After oxpressing: r
Jand’ s case had not

_jng circumstance, the

terian judge urged}

remaining days. prey
to God: for. his sins.
familjar passage fron
your sins be as scar’
‘as white as snow; th:
like crimson, they s!

He then sealed th<

“with these words: “
the law is, that you

_ the jall.of the county

whence you came; t

_ safely kept till Satur

- of May; that you be t:
on that day, betwe
eleven o’clock- in t
- four o'clock in the .
Marshal of the Terri
to the place of execu
by the neck, till you
“dead. And may &e
your soul.”

» Never before ta
‘tence been carried
In October of 1824,
-called Mad Buffalo

had been sentence

amnurder af Curtis V7

STINNETT, Charles, black,

; s se 2 +
rr 1 arn a cs 7] ii YY ve “"
DO ia i « lle Lip OO g narrison An

Areapsas Ga2srré , Latte beak, AR
vy 4 [404 ) Pl

Clrenit: Gourt’ way in. scasion, dey

‘| Jndgo " Hardgtoe’ Ja appeal

' a
Lhere, but hae‘lately been in ce te a
2.8

yy.

"Arrest, chee a With Crna: a
Against Miss Yh Cine iste
Feeling Is. ioc Bray ery sy

. GT AAR

“ + ae wp »

lrg EARS : say

' i
LAW 1S “ACTING G RAPIDLY. bh
og 2 a Pm NG x <6

? ays Ye ai iG

LSA a

Bpecial Gramd Yury Ta punimoned ¥Ad ja ed
Negro ts Indicted — Quick, Sart :3 Be a
eee Prom! AS Se DY
ae Ys ve kane raid! on
Pee Tn Ee a
Bpecint to the ‘Gasette. F a a Ba Se ‘ ic ud
" Marrlsoa, Jam, - 1 Neguved rote = SY

wault on Miss’ Lovitt, ww. woman : “pardeee ¢
‘than 60 years ‘old, Uharles Stinnctt,: ¥ Ws
won arested: here Youtorday, : ee ae

Mudging called a special: Grand Apress
this morning, when. the facta of thes

asanult becaing known, and gave: ema
inatructions to Investignts the care, Bes} Br hy
‘fore _poon Stinnett} had. beon’ aa

mont, ! Feeling: Ie: ‘running’ b rie nic bu oe
a

re ¢ to-remaia calm and 'p mised ae
lr and Jmmediate trial,. aye zi

" Btlnnett, the adepecd. mad) ‘Wwan'yateed

Ie nesoret hore- about‘ #. mont

and ate t te at time foe ur bon
em yinen agg dicey & ‘¢ oes
‘ Kecerding Yo fhe: statement ots als Y
woman, the: fame to, her. ie: re
lute in ‘the event » She 'was chopplig}9 aN

wood, which: he offeted ta d0 for Nene a q
‘After he bad carried tho wood Into: the ote
houne he aat 1 the fire, for some time ae
'Thon,.. telling’ the womanihé wold: ) fat
If: sho would open: the < ote wha:a
to do po, when hé attac hers rts
the accomplishment of bis: ot ateciles ya AN Me
je ealdthe drew a’ knife and: threaten rat
to kill her if she ever told. After. "hint
departure, the woman, faari “f be would: s
returh, bid in. the. barn:wntl morming, = oi
when she told ime of. her nelynbore ot it a Be si
the erlme, *: 42" ee NANI CEA ORY Bhat
When: crreated:t lanett aekntie Se
ed being at. the, woman ‘a house, N Daan ae)
‘deniod having committed:the arime,(NO aie RAG
trouble’ sa; antjoipated fhow, ane ea ey
thought’ the law me alloined

t R 43) :
ty “ehinnety Da Nhe & nope ek ce Ra

{watt whe ie v ia mene foe

card, andj Who bad at sy
[good reputat) jon. ore Seika Rue ie

“

lowed him to the barn and after he come
out I went in and found them horseshoes
where he'd hid them,” Thompson said.

“That's not evidence,” the county at-
‘torney told him. “You can’t prove any
of it; besides, half the men in the county
wear them things on their boot heels.
You do yourself.”

“You're right as rain,” Thompson ad-
mitted, “but I’m not a murderer and
Tom Staner is. He killed them women
and... .”

“Why?” Henderson wanted to know.

“He's always. swore he was going to
travel someday—that there’s nothing here
for a man, He wanted Mac’s money to
get away on and it may be he wanted
Mac’s wife. She was about Tom's age and
Mac’s twice her age so Tom maybe got
some ideas. Anyhow, Tom's guilty and
I'm charging him and I'll see him hang
or I'll turn in my badge.”

“Your badge will probably be taken
away from you,” Henderson prophesied.

His prophecy almost proved correct.
During the next 30 days Sheriff Thomp-
son had a hard time of it. The Staners—
even Mac Staner—and all their friends
demanded that Tom Staner be released.
Thompson smiled faintly and shook his
head: Phey demanded to see Tom Staner
and the sheriff denied them this privilege.
He seemed to do nothing to further his
case but he was working through Deputy
Shoppach, who was also the jailer.

Tom Staner did not know he was al-
lowed no visitors, mail or boxes of food.
He knew only that he did not get them.
The jail was heavily guarded to keep
relatives from getting messages to him
or from attempting to liberate him, He
thought the guard was to keep him from
being lynched and he was afraid.

Tom Staner felt abandoned, friendless.
Only one man seemed concerned over his

light; that man was Shoppach, who was
riendly as a dog. He listened long to
Tom Staner’s endless discussions of his
troubles and occasionally the deputy told
some of his own.

_“The onliest troubles you've got is
money troubles,” Tom Staner said to him
one day. “I can straighten that out for
you—$500 worth.”

“That's shore a heap of money,” Shop-
pach said, noncommitally.

“I got her,” Staner bragged.

“You didn’t have a dime on you when
we brought you in,” the jailer pointed
out.

“I ain’t no fool,” Staner said. “I got
the money and you fix it so’s I can break
outen this jailhouse and I'll see that you

et $500. I ain’t a-figgerin’ to hang. I’m a-
ggerin’ to see a heap of country.”

“I shore could use $500 but I’d shore
have to sce the money before I'd leave
any doors unlocked,” the jailer said,
though obviously leaving it open.

“So we've got him at last,” Thompson
said after listening to Shoppach’s report.
_ There was relief in his voice and he
immediately got busy tailing off his plan.
He was on the school board and that body
had been having considerable trouble
with a teacher who knew more about
liquor than learning. The teacher was a
weak man, in constant fear of losing his
job—and with plenty of reason. Thomp-
son had the man arrested for drunken-

- ness and made him a proposition.

When you find out what I want to
know,” he said, “start singing Dixie and
I'll turn you out and do my part toward
helping you keep your job. If you
don’t... .”

He left the threat hanging and the
school teacher was locked up with Tom
Staner. Two days later he started singing
Daniel Emmett’s famous song. He sang
earnestly if not in good voice and Shop-
pach took him from the jail to Thomp-
son’s office. The released school teacher
handed the sheriff a sealed envelope.

“He asked me to get this to his
brother,” the teacher said. “He told me he
knew Harry ‘would stand by him, given
the chance. He figures there’s pressure
being brought to bear to keep Harry
from seeing him.”

Thompson nodded, told the teacher to
sit down, opened the envelope. The letter
was long, rambling and of little interest
beyond the part that directed Harry
Staner to a certain spot where “I hid my
monnie.” Tom Staner wanted his brother
to get that money to him “sumhow or

One of the queerest trials on the legal
records of China took place there in 1900.
It seems that Sin Mee, a wealthy and
prominent citizen of Frochou, met death
when one of the huge idols perched on
the weakened ledge of the Sun temple
crashed to the walk below. °

The death dealing idol and its 14 com-
panions were summoned by the angry
viceroy, a relative of the dead Sin Mee,
to appear before the black robed judges

upon you.”

of Frochou's criminal court, Twelve grim jurymen returned a verdict upon the mute-

stone idols of “guilty!” The three stern faced judges then passed this sentence:
“Before the gods, we sentence you and your partners of this crime to be beheaded,

and your stone bodies cast into the Black Pond, where the revenge of the gods be

Next morning teeming thousands turned out on this gala day and cheered as they
watched the bloodless execution.—Henry Reldeif

iffen you cain’t git it to me give it to
Shoppach who is my fren and I'll git
outen the jailhous’.”

The sheriff put the letter into another
envelope and handed it back to the
teacher. He said, “My boy’ll saddle a
horse for you. Get this letter to Harry
Staner and tell him nothing—not a word,
mind you.” He called his son off to one
side, said, “Saddle your own horse and
cut through to Harry Staner’s. Be there
when that letter is delivered, then keep
your. eye on Harry; without him knowing
it of course. Don’t let him get out of
your sight for long.”

For hours Thompson anxiously and
thoughtfully paced his office. “Harry
could be in on this,” he thought. “And if
heis.|...°

That evening Harry and Mac Staner
strode into his office. Harry said, “This
is a mighty hard thing for me to do,
Sheriff, but I reckon hit’s the onliest
right thing to do.” He threw Tom Stan-
er’s letter on the table Thompson used
as a clesk, added, “Tom done it—he kilt
Aunt Harriet and Miss Taylor. Uncle
Mac and me found the gold he stole
Ts a

“You're a good man, Harry,” the sheriff
told him. “You done a big thing andl all
right thinking people will judge you as
a good man.”

Tom Staner, not being a right thinking
person, did not look at it that way. He
denounced his brother, his uncle, ‘his
aunt, Shoppach, the sheriff, the schoo]
teacher—in fact he denounced the world,
proclaimed his guilt but swore he would
never hang. He was wrong.

He went on trial in Judge J. M. Smith's
court at Benton, September 25, 1877.
M. J. Henderson prosecuted him and the
day following he was found guilty by a
jury. On September 29th Judge Smith
sentenced him to hang.

Still swearing he would never hang.
Tom Staner set the jail on fire, burned a
hole large enough to get through, and
made a run for it. He was shot through
both legs by Shoppach and after that he
was kept under gun guard until the day
of execution. That day was like carnival
time; perhaps it was portent of the years
of carnival traveling faced by Tom Stan-
er’s remains.

His wounds healed, Tom Staner swag- _

gered to the newly constructed gallows
and attempted to make a speech but the
rowdy crowd had come to see a hanging,
not listen to a speech; he was booed down.
The noose was placed about his neck, the
black bag over his head, he stood on the
trap and it was sprung by John Glenn,
father of Harriet Staner.

The Staners refused to have anything
to do with the disposition of Tom Stan-
er's body and he was carelessly buried just
outside Benton. His case had been an un-
usual one. Men of the South did not
murder women for money or any other
reason. Every newspaper of note in the
United States and Canada had featured
Tom Staner’s arrest, trial and execution.
His remains, then, would make a good
show piece. Not many hours after he was
buried his grave was robbed, the body
permanently embalmed and Tom Staner
started on the long trip he had always
declared he would make.

2h 2

30 |

{«

neighbor
seen the
The ye
son for 1
band. .E>
her husb
she said s
activities
Lieute
hospital »
ley left
Christiar
been on
“Ts
eager th
on us th:
man. Ail
once but
he didn
why, bu:
ing up.
At he
full swit
was a so
gers, pe
the city’
others s«
gave sat
ties att
though
headqu:
lead fai
Altho
that Aik
were co
continu
worthw
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of telep
and out
stood o
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the rest
a paym
oucol-t
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Aiken’s
cided t
whom
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A sec
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it migh
what a
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big del
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The
Christi
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shot, t
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It w
would
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ever Ww

Chr

7 ie sp . .4 A } } "ais a gy Ot
BP ERE ge ae or omy ee gene ima eee API) SN | ol a oc “ mid | } ae a oe ee |
J LJ Ne hen So Lo @ Poy aS we A ae codon aches / eal

» ik ir (ce)
A cn comin wn hy hey a eee

PRBS EAMES

essly..shot he

ant, on her way
is into her hody.

manhunt seldom
“way. .
getting a descrip-
etators spilled out
d as about forty,
, brown trousers,

is body,” the still
Fink. “After that
ie stood there and
-ed away.”

xamined the body.

‘ed. “She is Mrs.
> has been at the
sopular.”

nd her relatives?”

. He walked over
heir heads.
he hospital office,”

utenant Kerr, who

when another car
vas driven by Dr.
laski County. His

getting that job

d Biggs rushed up,
she killer had sud-
o the yard of the
itie, well worn but
der.

Attractive apartment house where the victim lived
with husband Bill Barner. Police found threatening
letters here from a former husband, Robert Smith.

While the officers were reporting their find an ambu-
lance snaked its way through the cars that had parked
in the area. Doctor Dishongh ordered the body taken
to a funeral home, announcing he would perform an
autopsy later.

As Fink started toward his car he noticed Detectives
Traweek and Dilbeck walking rapidly toward him.

“Here’s a lead.’”” Traweek shoved a jacket into the
chief’s hands.

“But no man?” the chief asked.

“We can’t find a trace of him after he was seen a block
away,” the detective replied. “We found this jacket in
that first alley. He wanted to get rid of it to alter his
appearance.”

He reached into a pocket, pulling out a picture. It had
been clipped from the society section of a Little Rqck
newspaper.

Fink studied the picture and the nameline under it.
“Humph,” he muttered to himself, his brows creased.
He placed the picture carefully in his pocket as Lieu-
tenant Kerr joined the group.

The victim, Kerr announced, lived at 700 East Sixth
Street. Her husband was Bill Barner, a truck driver for
a large Little Rock concern.

“Let’s get hold of him,” the chief suggested to the lieu-
tenant. But before the two climbed into Fink’s car, the
detective chief left orders for the investigators to make
a minute search of the area.

“I still say he can’t have gotten far away,” the official
told his men.

At THE trucking concern the officers learned Barner
was out on a delivery. However, the manager prom-
ised to contact him immediately and to send him to police
headquarters. '

“We either have a madman on our hands or one of

Grief-stricken Bill Rarner. He was widowed by the
callous revenge plot of tough ex-con who had just
‘been paroled after serving time on a bigamy rap.

Little Rock, as he spotted the woman threading her

way through traffic at the busy intersection of

Twelfth and McAlmont Streets. He stepped back
into the shadow of a large tree but continued to peer at
the approaching woman. She was dressed in a freshly
starched white uniform—the uniform of a nurse.
’ Seconds before she reached the tree where the man
stood half-hidden, chimes from a clock at the University
Hospital in Little Rock, Arkansas, slowly tolled seven
times.

The woman shaded her eyes with her left hand, be-
cause even at seven A. M. on this May 4, 1949, a bright
sun splintered through the overhanging trees.

As she neared the spot where the man was waiting
he called to her in a low voice.

She whirled toward him. Color drained from her
face. She hesitated briefly, then started walking faster.

“Stop!” he called.

Although nearing forty, Mrs. Sallie Mae Barner was
still an exciting woman. Her figure was as shapely as
many of the younger nurses at the hospital where she
worked in the nursery, her face almost unlined.

1 MAN rose from a bench in MacArthur Park, in

Policé wereatraid
at first that they . ‘
were up against a
ep et ‘out_on f

a crazy spree of

random murders

: ll
‘,

eS NOLEN : : ae

MacArthur Park in Little Rock, Arkansas.
slab at base of center tree—that a killer waited with revenge
in his heart and a lethal 38

She turned as she heard his footsteps behind her. She
saw pedestrians approaching from both directions
en route to work. The sight of them gave her courage.
She stopped and he strode to her side.

But then Sallie Barner saw the man’s lips curl with
malice, his eyes brighten with hate. She tried to flee
but a paralysis of fear held her still.

“No! No!” she screamed, and passersby turned to
glance toward the couple.

The man grabbed her arm and she tried to pull away,
taking a step or two backward. The man uttered an
oath. His right hand slipped into the pocket of his
light jacket and jerked out a pistol.

“Don’t shoot! Don’t shoot!” she cried, and a dozen
people froze in their tracks as they heard her screams
of terror.

But they were powerless to help. The man fired. In
rapid succession he pumped five bullets into the body
of the beautiful nurse. The last two he fired standing
above her, watching a crimson stream etch grotesque
figures on her white blouse.

Then the gunman turned his head and glared at the
witnesses who had watched the tragedy. In utter dis-

Is was here—on stone

caliber automatic in his pocket.

a ee

—— ose

dain he slowly drew a handkerchief from his pocket
and wiped the gun.

He walked down Twelfth Street. Suddenly he threw
the gun into a front yard where it landed at the feet
of the Reverend C. H. Farmer. The minister had just
been pruning a rose bush, and had seen Sallie Barner
shot down.

The Reverend Farmer called to the man, who glared
at the pastor, then turned and raced north.

Mrs. Minnie Williams, who had stood petrified while
the tragedy took place before her, rushed to the side of
the victim. Then she dashed to the nearby hospital
entrance where an excited knot of nurses and interns
had gathered, attracted by the shots.

-“Come quick,” she pleaded, ‘ta woman has been shot.”

The group rushed to the scene and one of the interns
dropped to his knees beside the stricken woman. He
shook his head to the gathering crowd.

Even as he gave his silent verdict the wails of sirens
drew nearer and three police cars braked to a stop.

FrROM one strode Detective Chief C. O. Fink, one
of the Southwest’s foremost homicide investigators.
He signaled to Patrolmen T. B. Anderson and G. E.
Hickey who quietly ordered the crowd back.

Fink took one glance at the woman and spoke to
Lieutenant Jack Kerr and Detectives Jim Traweek,
Lowell Biggs, John Dilbeck, and L. R. Terrell. Quickly
they sought out witnesses to one of the most daring
slayings in the annals of Little Rock, Arkansas.

As they gathered a description of the killer Fink
jerked his head at Kerr.

“Get hold of headquarters,” he directed crisply. “Order
a cordon thrown around this area.” He turned to the
detectives. “Let’s pick up that trail. He can’t be far
away.”

The half-hour boomed out from a nearby clock. In
less than thirty minutes a happy Sallie Barner, en route
to the work she loved, had met her death before the

University Hospital, where Mrs. Barner worked as
a nurse. She was only a block distant, on her way
to work, when a man pumped 5 slugs into her body.

eyes of dozens of persons. Now a manhunt seldom
equaled in the state had gotten underway.

Fink and Kerr had little difficulty getting a descrip-
tion of the sought man as anxious spectators spilled out
their stories. The killer was sketched as about forty,
medium-sized, wearing a light jacket, brown trousers,
and a brown hat. .

“And he didn’t have a nerve in his body,” the still
frightened Minnie Williams recited to Fink. “After that
man had fired one shot after another, he stood there and
wiped off his gun. Then he just walked away.”

Fink turned to the intern who had examined the body.
“Do you know her?” he inquired.

“Oh, yes,” the young man answered. “She is ‘Mrs.
Sallie Barner, one of our nurses. She has been at the
hospital for some time. She is very popular.”

“Do you know her home address and her relatives?”
Fink pursued. °

“Why, no, I don’t,” the intern said. He walked over
to the group of nurses. They shook their heads.

“You can get that information from the hospital office,”
the youthful doctor volunteered.

Fink thanked him and spoke to Lieutenant Kerr, who
hurried off toward the hospital.

The lieutenant: had hardly left when another car
pulled up rapidly to the curb. It was driven by Dr.
Howard A. Dishongh, coroner of Pulaski County. His
eyes swept the body.

“Didn’t take any chances on not getting that job
done,” he commented succinctly.

“Hey, Chief,” Detectives Terrell and Biggs rushed up,
“here’s the gun.” They related how the killer had sud-
denly thrown the death weapon into the yard of the
minister. It was a .38 caliber automatic, well worn but
obviously reconditioned into good order. - a

named

when I

dead!”
finally
imona

‘Doesn't

shooting
Hospital

le news-
nouse to
ta kick
Corpse.’
ss and I

ist for a
p, he

»n the
n.
a I know
ne dead,”
ted as a
| over the
> to send
home at
ice head-
celling of
had been
page, and

om, Riley
cched out
ialf-dozen

» shot me,
e be sur-

:s literally
ted by the

you Riley,
» 1?” Riley

man from
suddenly

irtled, “but
ilking!”

Riley had
‘r reporter,

Chee Ne

THAT WOMAN SENT ME TO PRISON!

few days.”

“That would seem to indicate that
the killer threatened her,” Terrell said
to his partner. “I think our next move
is to look up her husband. He ought
to know if his wife was afraid of some-
one.”

They drove to the trucking company
where Barner was employed, but
learned that the husband was out on a
hauling job. :

“He ought to be back here in an hour
or so,” the manager said. “This is going
to be mighty hard on poor Bill. He and
Sallie Mae have been married only
about a year.”

“We can check with him later,” Ter-
rell said to his mate. “Let’s go over to
the funeral parlor..Some of the rela-
tives should be there by this time and
we may learn something.”

At the mortuary they found the
grieving parents of the slain nurse, and
much as they hated to question them at
this time the detectives knew that it
was imperative. [In an anteroom they
talked with the elderly couple, who
told them what they could.

Their daughter had married Barner
11 months previously, they said, in
June of 1948, and the union had been
a happy one. They knew of no one who
had given trouble to their daughter or
threatened her, but there was one inci-
dent that occurred a fortnight earlier
that puzzled and alarmed the mother.
She had been visiting the Barners at
the time, and when Sallie Mae came

home from work that night she acted
strangely.
“When she came in she seemed

frightened,” the mother said. “She ran
immediately to the window and peeked
out through the Venetian blinds. There
was a strange man walking away from
the apartment. He got into a taxi
parked across the street and it drove
away.”

The mother had gotten only a fleet-
ing glimpse of the man and was un-
able to give any description .of him.
She had asked her daughter if there
was any trouble, but Sallie Mae had
shrugged and said, “It’s nothing.”

Dilbeck and Terrell thanked the par-
ents and conferred aside.

“She said it was nothing,” Dilbeck
mused, “but it’s clear that she was
thoroughly frightened by someone.”

“Maybe Barner can help us out on
that,” Terrell replied. “If someone was
threatening her, she certainly must
have told her own husband about it.”

But when Barner arrived at the mor-

- tuary a few minutes later, red-eyed

and obviously shaken by the tragedy,

he could give no hint as to the identity

(Continued from page 31)

of the mysterious stranger.

“J can’t understand why anyone
would want to harm Sallie Mae,” he
said brokenly. “She never hurt a soul
in her whole life.” :

In fact, Barner said his wife had not
told him of the man who apparently
frightened her, and he seemed entirely
at a loss to explain the slaying. He
had known Sallie Mae only a little
more than a year, and he had been
unaware of any recent anxiety on her
part. .

“We'll have to clear up your own
activities today,” Terrell said gently.
“Where were you at 7 o'clock this
morning?”

“I was home. Sallie left about 6:45
when I was still eating breakfast, and
I left to go to work at 7:10.”

T IS A CRUEL but necessary rule
of detective work that when ‘a
woman is slain her husband must be
considered the first potential suspect
until he is able to clear himself. Bar-
ner’s age and general description was
similar to that of the gunman who had
fled from the murder scene, and _ his
clothing likewise tallied. He readily
agreed to accompany the detectives to
headquarters and give whatever further
information he could.

When the trio arrived there, Terrell
handed Barner the jacket which had
been found in the alley. “Try this on,
will you?” he requested.

Barner donned the garment, and it
seemed to fit him well, although he
said he had never seen it before.

_Dilbeck brought out the newspaper
clipping containing the woman’s pho-
tograph. Holding his hand over the
name, he showed the picture to Barner.

“Do you recognize this woman?” he
inquired. ; :

Puzzled, Barner agreed that it looked
just like his wife, and he was surprised
when the detective drew his hand away
revealing the caption which identified
the woman as a local society matron.

The detectives thanked Barner, who
agreed to remain available for further
questioning. A few minutes later a
woman who lived next to the Barners
on East Sixth Street voluntarily came
to headquarters with a story backing
up the theory that Sallie Mae had been
menaced by some unknown man.

“Late yesterday afternoon,” she said,
“I was out in my yard and I saw a
man enter the apartment building
where the Barners lived. He stayed
inside only a moment, then came out
again. He loitered around for a few
minutes, looking up at the Barner
apartment every now and then, I

thought at the time that his actions
were peculiar, and he had a furtive
way about him. Finally he seemed to
give up the idea and he walked away.”

“Can you describe that man?” Ter-

‘rell asked eagerly.

“Well, let’s see. I’d say he was about
40 or 45, and dressed in tan or khaki
clothes. One thing I noticed—there
seemed to be something wrong with
his right arm. It hung at his side and
flapped loosely as he walked, as though
it was withered.”

That was as much as the woman
could tell, but it was enough to mys-
tify the two investigators.

“A withered arm!” Terrell muttered.
“None of the witnesses who saw the
shooting mentioned that.”

“We'll have to talk to all of them

again,” Dilbeck sighed, “and see if:

they remember anything like that.”

It took them two hours to locate all
the witnesses and question them once
again, but when they were finished they
had made no visible progress. None of
the witnesses, questioned specifically
on this point, could recall anything
peculiar about the right arm of the
killer. °

Bafiled, the two detectives brought
their problem to Chief of Detectives
Fink. '

“It’s a tough one,” the chief ad- -

mitted. “Mrs. Barner obviously feared
someone, but nobody knows who. it
was. Well, it’s my experience that a
woman always has some confidante,
someone to whom she tells her worries
and troubles. You've got to find that
person, and my guess is that the best
starting point is the hospital where she
worked.”

Dilbeck and Terrell immediately re-
turned to University Hospital, where
diligent inquiry brought them to two
nurses who had been on friendly terms
with Mrs. Barner.

“Sallie Mae certainly was afraid’ of

‘some man,” one of the nurses said with

positiveness. “I remember one time she
asked me to walk out of the hospital
with her. She seemed worried, and I
couldn’t understand why until we
reached the sidewalk. There was a
man waiting there and he tried to talk
to her. She brushed him off and said,
‘I haven’t got time to talk to you, Bob.’
I could see that she was trembling.”

“So his name was Bob,” Terrell
nodded. “Give us as good a description
of him as you can.”

“Well, I’d say he was 40 or a little
older, and dressed in rather rough
clothing. One thing I noticed—his right
arm seemed to be paralyzed. It hung
loosely at his side.”

‘75

The detectives exchanged interested
glances. ,

“I saw that same man stop her an-
other time,” the other nurse said.
“Sallie Mae didn’t seem to want to
talk to him, and afterward she said
something about ‘I wish he’d go back
to Texas where he belongs.’”

“His name is Bob, he comes from
Texas and has a withered arm,” Dil-
beck summed up. “We’re making prog-
ress, but we’ve got to find out who
this man is.”

One of the girls volunteered the in-
formation that Sallie Mae had been
very friendly with another nurse who
was no longer connected with the hos-
pital. The pair had roomed together
for some months before Sallie Mae’s
marriage to Barner.

‘The detective immediately paid a
visit to this woman, who was shocked
at the news of the murder.

“Poor Sallie Mae,” she sighed. “She
seemed to have nothing but trouble,
and then when she was happily mar-
ried and her difliculties seemed ended
someone shot her down.”

“Troubles?” Dilbeck queried. “What
troubles?”

“ws. SHE MARRIED this fellow
named Robert Smith, and then she
discovered that Smith already had an-
other wife. He was arrested for bigamy,
and it turned out. that he had already
served time in prison for robbery. Any-
way, Sallie Mae had to appear in court
against him, and he was sentenced to
three years in the Texas penitentiary.”

“You mean it was her testimony that
sent him to prison?”

“That’s right. She didn’t like it, but
she had to tell the truth. She was
terribly upset about it.”

“Did. you ever see this man—notice
anything peculiar about him?” Terrell
asked.

“I never did meet him, but Sallie Mae
told me he had an arm that was para-
lyzed and almost useless.”

“It’s queer that the parents didn’t
mention anything about this previous
marriage,” the detective said. “As far
as we knew, Barner was her first
husband.”

“It might be,” Dilbeck pointed out,
“that they believed Smith was still in
prison and thus could see no point in
bringing his name into the investi-
gation.” .

“It was a rather touchy subject with
Sallie Mae,” the woman added. “I don’t
think she told any outsiders about it
except me. As far as she was con-
cerned, it was a chapter of her life that
was over and done with and she
wanted to hear no more about it. The
court allowed her to resume her maid-
en name, which she used until she
married Barner.”

It was late evening when Terrell and

Dilbeck drove back to headquarters,
both of them excited over their dis-
covery. i

“Pll wager Mr. Withered Arm is our
man,” Dilbeck said. “He was seen by
several witnesses trying to talk with
Mrs. Barner in front of the hospital,
at the very place where she .was shot.
He was seen by the neighbor woman
snooping around the Barner apartment.
It’s clear that Mrs. Barner was afraid
of him—did everything she could to
escape him.”

“And he had a Grade-A motive,”
Terrell agreed. “She appeared in court

‘against him and as a result he went

back to prison. But this beautiful
theory is going to look silly if we dis-
cover that Smith is still behind bars.”

The two investigators found Detec-
tive Chief Fink still at his office. |

“We're getting nowhere fast,” Fink
growled. “Barner’s story holds up and
he’s absolutely innocent. Sergeant
Walls says there are no usable finger-
prints on the murder weapon. And the
autopsy report doesn’t tell us anything
we don’t already know.”

“Hold everything, Chief,” Dilbeck
said. “We think we’re on a hot trail
now.” And he related to Fink the fruits
of their investigation into Robert Smith,
the man with the withered arm.

“Nice work!” the detective chief ex-
claimed. “It’s too late now, but first
thing in the morning we'll check with
Huntsville Prison and find out the
present status of this Smith fellow.”

The officers went to their respective
homes to catch up on their sleep, but
all three were at headquarters early
the next morning, and Fink’s first move
was to telephone the: Texas prison at
Huntsville. He talked briefly with the
deputy warden, gave him Smith’s name
and description, and was told that a
speedy checkup would be made in the
prison records.

Fifteen minutes later the Huntsville
record clerk called back.

“About this Smith fellow you’re in-
terested in,” he -said to Fink. “He’s
been here several times on different
convictions—has quite a colorful police
record.”

“Is he there now?”
chief demanded.

the detective

“No, he finished his term and was.

released on March 9, less than a month
ago.”

“That’s that!” Fink snapped as he
rang off. “Everything fits in. Smith
must be our man, and the next problem
is to locate him. I’ll get out an imme-
diate alarm on the police radio, and I
want you men to check with whatever
relatives Smith may have and see if
they have any idea as to his where-
abouts.”

By diligent search the detectives
managed to locate four relatives of
Robert Smith. But all of them, when

questioned, insisted that they had not
seen the man since before he went to
prison, and in fact were not even aware
that he had been released.

“Looks bad,” Terrell muttered. “It

_may be that this will develop into one

of those long-drawn-out affairs taking
months or even years to find the guilty
man. He’s had plenty of time to make
a clean getaway.” -—-

Further astonishing evidence came
to light when hospital officials tele-
phoned Chief Fink that a sealed pack-
age, addressed to Sallie Mac Barner,
had been found in the second floor of
the institution. Terrell and Dilbeck
hurried over, opened the parcel and

- goggled in amazement at its contents.

It contained a Bible, some handker-
chiefs, a belt and several |ctters. In
one of the letters was a snapshot of the
slain nurse, and on its back was
scrawled: “Ill get even with you even
if I die for it. I hate your very guts.”

HE LETTERS, none of them signed,
were similarly scurrilous and threat-
ening in tone, containing such phrases

as: “I’m gunning for you, and don’t you
forget it... . If I can’t have you, no-
body else will... . I’m going to ruin

you, drag you down with me. ... You
caused me to serve three years and I
hate you for it... .”

“You-don’t need more than one guess
as to who wrote this stuf,’ Dilbeck
snapped, “It’s Robert Smith, Mr. With-
ered Arm—the killer.”

“A man twisted by hate if there ever
was one,” Terrell agreed. “But so far
the radio alarm hasn’t produced any
result, afid with every hour that passes
Smith is farther away and safer.”

Dilbeck pondered a moment. “There’s
one angle we haven't tric,” he said
at last. “We’ve put the alarm on the
police radio, and all officers will be on
the lookout for Smith. But if we put it
on the regular commercial radio sta-
tions, then thousands of citizens in this
area will be looking for him.”

“It can’t hurt to try,” Terrell re-
plied. “With his withered arm, Smith
ought to be an easy man to spot.”

Chief Fink welcomed the suggestion,
and within a quarter-hour all Little
Rock radio stations were }roadcasting
descriptions of Smith and asking listen-
ers to be on the lookout for him.

The hours wore on, and the hopes of
Detective Chief Fink and his two ace
operatives began to fade. But unknown
to them, the broadcast had already
begun to encircle the fleeing killer.

In Jacksonville, Ark., 15 miles north-
east of Little Rock, Town Marshal C. S$.
Gardner got a telephone call from an
excited woman.

“I heard the broadcast about the man
they’re looking for in Little Rock,” she
said hurriedly. “Well, I saw a man just
like that coming out of a tavern here

in Jacksonvill:
He was 1
withered :
Garner | _
walked up th
passersby sha
of the town’s
he saw a str:
him—a man »-
lifelessly at hi
Suddenly th
danger, turne:
walked into a
buildings. M
around to th
stranger came
self looking i
volver in Gai
“You're un
marshal snap;
For a mo:
about to ma
Then abrupt:
“Yeah, I’m
“Might as we
The marsh:
him unarmed.
prisoner was
Rock headqu:
Detectives D
Prosecuting A
were waiting
“We know
Fink snapped
Sallie Mae B:
tell the truth ;
ried her big:
sent her th
hounded the
and finally sl!
the hosp
difference
you migh. _
“Sure, I :
snarled. “I k:
had it comin;
to prison!”

E RELATE
comely nu
ployed at the
Rock, and ho:
“Sure, I wu
whined, “but
had gotten a
led me to be!
me sent back
years for big
“While I w
her $500, my
some persona
ised to keep
out of prison.
money to get
“We wrote
after I start
but finally sh
lost track of !
her get awa,
Little Rock
prison, and o
of a woman i

had not
- went to
en aware

ored. “It
into one
rs taking
the guilty
- to make

ice came
ials tele-
led pack-
e Barner,
d floor of
| Dilbeck
arcel and
, contents.
handker-
etters. In
shot of the
back ‘was
you even

em signed,
nd threat-
ch phrases
1 don’t you

yu, no-

‘co ruin
e... You
ears and I

1 one gucss
"” Dilbeck
_ Mr. With-

’ there ever
‘But so far
duced any
that passes
safer.”

nt. “There’s
d,” he said
arm on the
; will be on
if we put it
| radio sta-
izens in this
mi:

Terrell re-
arm, Smith
> spot.”

» suggestion,
ir all Little
broadcasting
sking listen-
or him.

the hopes of
his two ace
Sut unknown
had already
ng killer.
miles north-
Marshal C. S.
call from an

the man
ock,”” she

wv « Man just
tavern here

in Jacksonville just a few minutes ago.
He was ugly-looking and he had a
withered arm.”

Garner hurried out of his office and
walked up the main street, watching
passersby sharply. As he drew abreast
of the town’s leading hardware store
he saw a stranger sauntering toward
him—a man whose right arm flapped
lifelessly at his side as he walked.

Suddenly the man, as though seysing
danger, turned off the main street and
walked into « vacant lot between two
buildings. Marshal Garner hurried
around to the alley, and when the
stranger came through he found him-
self looking into the muzzle of a re-
volver in Garner’s hand. :

“You're under arrest, Smith!” the
marshal snapped.

For a moment the man: appeared
about to make a dash for freedom.
Then abruptly he wilted. :

“Yeah, I’m Smith,” he mumbled.
“Might as well get it over with.”

The marshal frisked him and found
him unarmed. Five minutes later the
prisoner was being escorted to Little
Rock headquarters, where Chief Fink,
Detectives Dilbeck and Terrell and
Prosecuting Attorney Edwin Dunaway
were waiting for him.

“We know all about you, Smith,”
Fink snapped. “We know you hated
Sallie Mac Barner because she had to
tell the truth and testify that you mar-
ried her bigamously. We know you
sent her threatening letters, then
hounded the life out of her in person,
and finally shot her dead in front of
the hospital. It doesn’t make much
difference whether you talk or not, but
you might as well.”

“Sure, I might as well,” Smith
snarled. “I killed Sallie Mae, and she
had it coming. That woman sent me
to prison!”

E RELATED how he had met the

comely nurse when she was em-
ployed at the State Hospital in Little
Rock, and how he had married her.

“Sure, I was married before,” he
whined, “but I thought my first wife
had gotten a divorce—that’s what she
led me to believe. So Sallie Mae had
me sent back to Huntsville for three
years for bigamy.

“While I was awaiting trial, I gave
_ her $500, my social security card and

some personal belongings. She prom-
ised to keep them for me until I got
out of prison. I told her ’'d need the
money to get a fresh start.

“We wrote to each other for a while
after I started serving my sentence,
but finally she stopped writing and I
lost track of her. I wasn’t going to let
her get away with that. I took the
Little Rock papers while I was in
prison, and one day I found a picture
of a woman in it who looked just like

i CT gr | oh a ;

In Chicago, horrified spectators stared as scantily-clad Mrs. Helen Schwandt
teetered dizzily for 20 minutes atop a narrow third-floor ledge outside her apart-
ment. By the time she leaped (top photo), firemen and police were ready with a
net. Unhurt (lower photo), she was bundled off to a hospital for observation.

nena

Sallie Mae. The name was diferent
but I figured she’d married again.

“Well, when I got out of prison I
came to Little Rock to find Sallie Mae.
I soon learned that the woman whose
picture I had seen in the paper wasn’t
her.”

“How did you find her?” Dunaway
queried.

“I knew she was a nurse, so I began
checking the hospitals, and finally I
located her at University Hospital. 1
met her in front of the place several
times and told her I wanted my money
and belongings. She kept putting me
off—didn’t want to talk to me—and I
got madder all the time.

- “The other morning I was there wait-
ing for her when she came to work.
I asked her for the money again, and
she told me she wasn’t going to give

sent to each taxicab office.

“l’m sure I had the younger guy for
a fate last night,” he said. “He seemed
to be about 30 or so, and he wore no
coat or hat. Not only that—his shirt
was spotted with blood.”

The man had flagged him down at
9:45 the previous evening only about
three blocks from the slaying, the cab-
man went on.

“He was friendly and talkative. I
told him he looked as if he’d been in
a fight, and he said yes, he’d gotten
into a brawl in a beer joint with sev-
eral other men. Ife was so badly out-
numbered, he said, that he scrammed
without even taking time to grab his
Coat and hat.”

Both of the hoodlums, it was evident,
were skilled at inventing plausible rea-
sons for their unconventional ap-
pearance.

The cab driver said he had let the
blood-spattered young man off in a
night-life area of nearby Calumet City,
Ill, a section filled with saloons and
strip-tease cabarets.

“When he got out,” the chauffeur
continued, “he told me: ‘A friend of
mine runs one ©! these joints and I'll
get some clothes from him. I'd better
go in the back door, though, with all
this blood on mc’”

ALUMET CITY police cooperated
with the Hammond authorities in
checking owners, bartenders and en-
tertainers of the night clubs in the
district. They could find no one. who
would admit having seen the talkative

' killer, and his trail disappeared in a

dead end like that of his comrade.
Every effort was being made to

trace the two guns the slayer had car-

ried—the .38-caliber revolver which

it to me threatened. to call the Taw
and have me’ put in prison again.

“T saw red. I pulled out the gun and
let her have it.”

The officers listening to this, account
believed it with the exception of the
reflection cast onthe slain nurse.
Sallie Mae Barner, they were con-
vinced, owed Smith nothing and wanted
only to be free of a man she had come
to fear. They felt sure that Smith, a
man schooled in the ways of police
questioning,, had manufactured the
“money” story in an attempt to gain
sympathy.

Smith further related that he had
thrown his jacket away in the alley
and raced to the nearby railroad tracks
where he caught a freight for North
Little Rock. From there he walked
along the railroad tracks to Jackson-

(Continued from page 14)

Patrolman Gerka had wrested away
from him, and the .45 automatic with
which Gerka and Cook had_ been
killed.

On the automatic was stamped
“UY. S. Government Property,” and
Captain Singer dispatched a telegram
to the War Department asking their
help.

The serial number on the .38 revol-—
ver identified it as once having be- .

longed to a Hammond business man
who had registered it in 1920. Police
called at the address given at the time
of registration and found that the man
had moved to Florida in 1944.

Another telegram was sent to Florida
authorities, asking them to locate and
question the man.

Patrolman Mamala meanwhile had
looked through all the pictures in the
Hammond rogues’ gallery without find-
ing any which resembled the killers.
He went to Chicago and studied thou-
sands of pictures in the criminal files
there with the same result. He jour-
neyed to Indianapolis and. went
through the same wearying procedure
in the local rogues’ gallery.

He shook his head in discouragement.

“So far I haven’t found the pictures of.

those two men.”

Detectives O’Donnell and _ Pellar
were also still busy in Indianapolis.
They had now received copies of the
cleaner’s symbols found in the killers’

garments, and the question was where .

to start looking in a city which con-
tained hundreds of cleaning estab-
lishments.

“It would take forever to check every
cleaner in the city,” Pellar groaned.

“Don’t forget that hunch you had,”
O’Donnell said. “The garage where the
plates were stolen is in the same neigh-

ville, aleeping dna nearby cornfield

overnight.

“YT really didn’t intend to kill her,”
he finished. “I just wanted {0 scare
her with that gun and get my money

back. I guess I just went haywire.”

None of his auditors placed much
credence in this tale. Smith |iad come
armed to the scene and had pumped
five bullets into the nurse’s body, and
if this did not indicate premeditation
they wondered what did.

Prosecutor Dunaway immediately
filed first degree murder charges against
Robert Louis Smith, and the 42-year-
old ex-convict went to trial on May 23,
1949, in the courtroom of Judge Gus
Falk. It took a jury only 35 minutes
to weigh the evidence in the case, find
Smith guilty and set his punishment at
death in the electric chair.

CLUE OF THE STARTLED STRIP-TEASER

borhood as the home of the boy who
lost the badge. We can be pretty sure
that one of the killers lives somewhere
in that area, and if he does he'd most
likely have his: cleaning done nearby.”

“Right,” said: Pellar. “We'll start
looking in that vicinity.”

They started canvassing cleaning and
tailoring establishments in the neigh-

borhood. Two hours later, after having
met failure at a dozen. places, they
entered a small tailoring shop operated

by an elderly man of Italian extraction.
They told him their errand and showed
him a photographic copy of the clean-
er’s marks.

“Yes, it is my mark,” the tailor said.
“I do not do the cleaning mysclf, but
send it out to a wholesaler. ‘hat is the

mark I use so the wholesaler will send
me back the right suits.”

“Good!” exulted O’Donnell. “This
mark was in a suit coat. Can you re-
member the owner of it?”

The tailor shook his head. “You do
not know what you ask. I send out
hundreds of suits every year, and the
owners’ numbers are clipped to the
lining. When the owner gcts his suit
back, the number is taken off and
thrown away.”

The detectives were in the agonizing
position of seeing success almost within
their grasp, only to have it clude them.

“But listen,” Pellar pleaded. “Do you
think you might recognize the suit if
you saw it?”

“Maybe yes, maybe no. | am a good
tailor and I like clothes thai are tailor-
made. If this one was tailor-made, I
might remember who brought it in.
But if it’s one of those cheap ready-
made suits’”—he shrugged ‘then I'm
afraid I can’t help you.”

O’Donnell and Pellar didn’t know

whether the «
was a plece o
bargain-b
going to
to identif;
Hammond, an
Indianapolis b
The tailor :
detectives bro
“This,” he s
- factory-made
like hundreds
every week.
remember wh:
_ That was th
walked away
had failed the
“Tf this thu
sive clothes |
O’Donnell sai
him spotted §
“There’s o
we've learne:
man had his
same vicinity
and the gua
That makes it
cinch that he
neighborhood.
“That’s rig
badge were ti
we'll make th:
get Area, so
Indianapolis y
on every kno.
The Indian
by combing t}
pictures and
characters w!

the Target /
shown to F
studied tl
“No,” h
men is he
“There are

tion on whon:
an Indianap:
bring them in

The 16 me:
raiding squac
front of M:
rookie shook '
. “Let ’em g:
know these :
neither of the

N HAMMO
ceived a te!
partment abc
matic. It had
to the Pacifi
been lost duri:
no way to tr:
The attemp
also met with
ities informed
whose name
years before
wife had no
the weapon.
The clue «
drivers, the ¢

Killer executed
after last-minute
appeal is denied

Associated Press

VARNER, Ark. — A white su-
premacist condemned to die for
killing a pawn shop operator was
executed Wednesday after last-min-
ute requests for a stay of execution
were denied by federal judges and
the U.S. Supreme Court.

“Hell has victory. I am at peace,”
were the last words offered by Rich-
ard Wayne Snell, 64, according to
state prison spokesman Alan Ables.

A lawyer for Mr. Snell had filed
requests for a stay during the after-
noon and evening, claiming that
government misconduct would cost
Mr. Snell his life.

Mr. Snell was pronounced dead
at 9:16 p.m., six minutes after the
lethal drug began flowing into his
veins. The execution was carried
out in the Cummins Unit of the
State prison system, about 60 miles
southeast of Little Rock.

Mr. Snell also uttered a threat
against Gov. Jim Guy Tucker
among his last words, Mr. Ables
said. According to Mr. Ables, these
were Mr. Snell’s final words:

“Well, I had a lot to say, but you
have me at an inconvenience. My
mind is blurred, but I’m going to
say a couple of words. Gov. Tucker,
look over your shoulder; justice is
on the way. I wouldn't trade places
with you or any of your political
cronies. Hell has victory. I am at
peace.”

. In his unsuccessful request for a
Stay of execution, lawyer Jeff Ro-
senzweig said prosecutors wrongly
told jurors that a government wit-
ness was facing 30 years in federal
and state prisons for crimes related
to Mr. Snell's. In fact, the man faced
only 20 years, was sentenced to 12
and served less than five, Mr. Ro-
senzweig said.

Mr. Snell was the 16th person
executed in the United States this
year and the 273rd since 1976. The
Muse, Okla., man also was the 10th
person executed in Arkansas since
1976.

Mr. Snell was convicted of kill-
ing pawnshop operator William
Stumpp during a November 1983
robbery in Texarkana. In June 1984,
he shot and killed Trooper Louis
Bryant after the officer stopped his.
van near Ashdown. .

State police were on a height-
ened alert because of Mr. Snell's ties
to extremist groups. Those groups
called Mr. Snell an “American patri-
ot” and tried to draw parallels be-
tween his April 19 execution date
and the start of the Revolutionary
War in 1775 and the 1993 burning of
the Branch Davidian complex near
Waco.

.. State trooper Louis Perry Bry

Claimed in killing of trooper:

| Survivalist Richard Wayne

Snell testified that he fired at

ant June 30 because of Snel’
fear of being Shot and nen’
scrapes with police. ... LIT —

Ar KeaSds POV Bg !P4
| DE QUEEN — Snell Buiity
| in state trooper’s death: Sen-
| tencing arguments are today
| for Richard Wayne Snell, 59,
' convicted of capital murder by
la jury that deliberated 55 min-
utes. He was charged with
shooting Louis Perry Bryant
during a traffic stop June 30.

.»e TEXARKANA —
| Survivalist Richard. W. Snell,
_ 54, was charged with murder

in the 1983 shooting death of a
pawnbroker. He was sentenced
to life in prison Friday for the
June shooting death of a state
trooper. ... TIME OFF TO

Teese end we ew ?---— 3

//- 5~2 4

sas airmen missing in action in expected to last six months.

ARKANSAS

TUCKER — Richard Wayne
Snell, 64, a white supremacist
convicted of killing two men, in-
cluding a state trooper, today
seeks a clemency board re-
prieve. He’s to die April 19. ...

USA TODAY « WEDNESDAY, APRIL 12, 1995
Neen

FLORIDA

GAINESVILLE — Seven west-
ern cougars released into Florida
panther habitats will be removed
from the wild in June to ease resi-
dents’ fears. It is hoped the cougars
mated with endangered panthers.
.»» TAMPA — Jury selection be-
gan in the trial of 16 Outlaws Mo-

a “jure s§ torcycle Club members. An indict-

ment charges the gang committed
ARKANSAS Ye j GS-9 ‘S beatings, kidnapping, bombings

and murder to perpetuate 25 years

LITTLE ROCK — Two Arkan- of criminal enterprise. The trial is

southeast Asia were honored at the ———
State Capitol. Staff Sgt. Paul Jen-

kins and Master Sgt. Marvin Bell

have been missing for 25 years. ...
VARNER — Richard Wayne Snell,
scheduled to die Wednesday for

killing a pawn shop owner, has or-

dered fish and hush puppies, on-

ions and salad as a last meal,

A2_Tuurspay, Aprit 20, 1995

|
| |

|
|
|

THE-CINCINNATI ENQUIRER

NATION :
White *
Supremacist
executed

The Associated Press

VARNER, Ark. — A white su-
premacist who killed a Jewish pawn
shop owner during a robbery went
to his death by injection Wednes-
day night threatening the governor
and saying he was at peace.

Richard Wayne Snell was pro-
nounced dead at 9:16 p.m., six

minutes after prison officials began
the flow of lethal drugs into his
veins. Snell also was sentenced to
life for killing a black state trooper.
“Governor Tucker, look over
your shoulder. Justice is on the
way. I wouldn’t trade places with
you or any of your political cronies.
Hell has victory. I am at peace,”
were Snell’s last words, a prison
spokesman said.

Thee Y-20-
Kifer put to death 7 5—

threatened governor

&' VARNER, Ark. — A white su-

2 ‘premacist condemned to death for

‘killing a Jewish pawn shop owner

\ ‘during a robbery went to his death

NG injection Wednesday night

=< eatening the governor and saying

e was at peace.

’ Richard Wayne Snell was pro

mounced dead at 9:16 p.m., six

‘minutes after prison officials began

“the flow of lethal drugs into his

veins. Snell, who also was sentenced

‘to life for killing a black state

& trooper, was executed at the state
prison near Varner.

+: “Governor Tucker, look over

‘your shoulder, justice is on the way.

™~ ‘I wouldn’t trade places with you or

Sk any of your political cronies. Hell

thas victory. I am at peace,” were “

nell’s last words.

THE COMMERCIAL APPEAL

High court
rejects 3
death row
appeals

» NOVEMBER 1,

The Associated Press

UESDAY

=. The US. Supreme Court on
™! Monday turned down, without
vi comment, the appeals of Arkan-
=! sas death row inmates Barry Lee
=| Fairchild, Richard Wayne Sneli
:! and Charles Laverne Singleton.
: Of the three inmates, Snell is
closest to execution, according
to Olan Reeves, senior assistant
attorney general. “This is it for
him,” Reeves said.

Reeves Said that as soon as the
Attorney General’s Office re
ceives paperwork from Mon-
day’s Supreme Court rulings, the
office will ask Gov. Jim Guy
Tucker to set an execution date.

Reeves said Singleton still has
a petition pending in US. Dis
trict Court in Little Rock and
Fairchild has another pending
in the U.S. Supreme Court.

Snell, 64, of Muse, Okla, was
sentenced to die in 1985 by a
Miller County Circuit Court
jury. He had received the death
sentence for the Nov. 3, 1983,
slaying of William Stumpp, a
| Texarkana pawnbroker. He also
j is serving a life sentence for the
! 1984 slaying of Arkansas state
! Trooper Louis P. Bryant of De
i Queen.

MEN

eee

<e eeess ere

Snell is a self-styled surviva-
list. sympathetic to militant
| white supremacist groups.

In January. a three-judge par-
el of the Eighth US. Circuit
i Court of Appeals at St. Louis
; upheld Snell’s convicnon and di-
| rected a lower court judge to
: reinstate Sneii’s death sentence.

Fairchild. 40. was convicted in

/ 1983 in the slaying of an Alr
i Force nurse. Marjorie ‘Greta
‘ Mason. In June. the State Su-
| preme Court turned down Fair-
- Child’s appeal. which was basec
- on a 1993 state law that prohibits
- executions of mentally retardec
people. The court said Fairchilc
| had brougnt up the same issue
"in a stay of execunon reques:
- prior to his scheduled executo=
- last September. .
Singleton. 35. was concemnec
in 1979 in Ashley County Circu::
- Court. He was sentenced to dis
- for the stabbing death of Har-
burg shopkeeper Mary Loz

York. Singleton was schedulec

to die in Julv 1993. but his exec.-

tion was stayed Dy a Iedere.
judge.

‘
t
t

Metadata

Containers:: Box 4 (2-Documentation of Executions), Folder 1
Resource Type:: Document
Description:: Ronald G. Simmons executed on 1990-06-25 in Arkansas (AR)
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: June 27, 2019

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