ee ee any ame Ro
Slave GODFREY Ale. | [ C 1858
"Mobile Mch 8th 1858.
To His Excellency A. B. Moore.
Dear Sir.
Will you please respite the execut
ion of the slave boy Godfrey for say 30 days until I can see the
opinion of the supreme court.
If you will teleggaph to the
sheriff I will see that it is attended to.
Yours,
Alex. McKinstry.
He is sentenced to be executed on the 12th of March."
Notation on reverse: "Letter of Judge McKinstry for respite."
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"Executive Department
ll March 1858.
The Secretary of State is directing to you an order to
the Sheriff of Mobile County to postpone the execution of the
sentence of death on the boy Godfrey, a slave, who was convicted of
murder at the June term of the City Court of Mobile, 1857, and was
sentenced to be hung on 12 March 1858, until the 9th of April next.
This respite is granted upon the (?) request of Judge Alex.
McKinstry, who presided on the trial of said slave Godfrey and
sundry members of the Mobile Bar.
/s/ A. B. Moore."
Note on reverse: "Slave Godfrey respited till the 9th April , crime
murder. Issd. llth March '58.
Rec'd."
Ye. La cre Ct / FSGS
=
~ seaeetnemeeee ne
ate ry, /
Y | Henry
nL te Pollard (Escambia Co,), Ala., 11-1-1876 for
rape of an 18-year-old white girl, Made a brief speech
to spectators numbering about 500, both white and black,
in which he made no allusion to the crime but stated he
was prepared to die, Two colored ministers attended him
to the scaffolde and gave out a hymn which was sung by the
colored spectators, after which a short prayer was offered
and the black cap pulled over the face of the culprit.
The cord was cut at one o'clock and his neck was not
broken.
try
NATIONAL POLICE GAZETTE, 11-16-1878 (15-2) /\°'
Note: There is a possibility that the date is wrong
though I believe that it is probably correct,
A CORRESPONDENT in Pollard, Ala., writes under
date of Novewber at an follow: Henry Golden; eol-
dred, wan hanged to-day for the commission of « tape on
4 white girl eighteen years old.’ He was brought out
about (welveo’clock, and made a brief address to the
epectators, who nambered ‘about five hundred. blacks
and whites. H+ made no allustod to the crime fur which
he suffered. saytug that he was prepared tw die. Colored |
ministers atteoded him to the séatfold and gave ont a |
Be hymo, which was suog-by the Colored ‘epectaturs, after |
Which» snort prayer was offered and the black cap was |
Palled over the face of the culprit, TM cord was cut at
vue o'clock. The aeck wae not broke, ed
GOLDEN, Henry» vert _wange’ Pollard, Escaimbia Co,
HISTORY OF
ESCAMBIA
COUNTY,
ALABAMA
THE STRODE PUBLISHERS
Huntsville, Alaba
Proper ty Oo
Houston-Love aie Library
Dothan, Alabama
‘ |
h
§ ‘
**“Now, I want you to get down and go back and open the ex-
press car. Get a move on you!’
: F “*I got down off the engine and the robber and my fireman,
s had resumed work, James : + John Duval, colored, followed. When we got on the ground, the
: ' fireman made a break and ran. The robber ordered him to stop,
threatened to kill him and fired two shots. The fireman was not hit
and he got out of the way. I went with the robber around to the end
door of the express car. He made me walk in front and he followed
behind, pistols in hand. He made me get up on the platform of the
car and ordered me to break her open. .
“I was afraid the boys inside the car might go to shooting and
shoot me for a robber. So I told them not to shoot, and then I com-
menced beating on the door and broke it open. There was some
trunks and baggage piled up against the door so that it would not
open. The robber told the messenger to move the trunks and he
obeyed. The robber then threw a sack, which looked like a coffee
sack, into the car and told me to hold it while the messenger put the
valuables into it. I held the sack and the messenger emptied the
contents of the safe into it. I then handed the sack to the robber,
per instructions. He told me to give him the express messenger’s
pistol and to hand it to him butt forward. I did as directed. He then
made me get out of the car and go back to my engine and get on
her.”’
its record. !
The First Hanging
Time recorded in the M
inutes of the Count
Nn eighteen-year-oid white o; ‘
mon 1d white girl b
named Henry Golden. He Was tried, conviciea sna h ae
don November 1, 1878.2
Rube Burrows
Rube Burrows w
as a notori
roamed the country robbi Bandit of the late 1800s. He
Burrows was captured in a black man’s cabin eight miles
south of Linden in Marengo County, Alabama, in October 1890.
His captors were J. C. Carter, a country merchant, John McDuf-
fie, a farmer, and two black men, John Marshal and—Hildrith,
who had set a trap for him. He was captured by the two unarmed
blacks. He was then taken to Linden and imprisoned in the
sheriff’s office. McDuffie and Marshall were left to guard the
handcuffed and roped prisoner through the night. Carter, after
taking the $178 on Burrows, secured a bedroom nearby and
retired.
During the night Burrows asked for his leather satchel, which
he said contained some food. He was given the satchel, which had
not been searched, and took out some crackers, which he divided
with his captors. The guards laid down their guns to eat the
crackers and suddenly were faced with two pistols which had been
in the bag. He ordered Marshall to untie his feet and unlock the
handcuffs. Marshall promptly obeyed. Then the black man was
279
‘ > mes Ue a -n sain pier alt Oe ORLY
te he: pulled out a little revolver and ree | him with grané, off
+ Elected Second Lieuten- bam shooting at me” (Mr. Warten adic: Warnock) was ae
ther Officers.
am Rifles held a big
¢ theeting last night to
n Miret avenue and the
nior BSeeond Lieutenant ; to do to
p intrrest. MM. pyc ‘ i (peeed that)”
hosen. The following | listened to the! readtog of the docy-: continued Golson, “I stood Just.
officers will serve }Went without change of countenance
t HM. Do- {and sald pothiag when it wae: con- | close rhe door
was evidently tying t get
Colt’s revelver out of the
his side when making the
ferred to hy Golscd,"und being
WILL COLSON,
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Pettiford amd D. C/ Ed-| the alley end it ot!
m colored, who have been his from: the. alley ead lpwe ta :
spiritual advisers. since be was con- ROW ME Ege iat
pore
tact with some one
capture] [Oth st.
2. |DRESSEL
o> | Orr & Rob
lasted tor « nom. No. 220
SS78: | He told the story detailed | HAS AGUIN.
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1421 22nd Street, South Birmingham, Alabama 3520
5 @ 205/254-2138
GOLSON, Will, black, hanged at Birmingham, Alabama, on February 9th, 1900
? ?
. Mr. Ronald C. Van Raalte
P.O. Box 584
Arlington Hts., IL 60006
Dear Mr. Van Raalte:
Attached you will find several items in connection with your
March 19, 1985
of law enforcement officers killed in the line of duty.
First is a listing provided by Lt
Policy Department of known
were taken from a plaque in one o
cautious of some of the dates given
accurate records were not maintained.
death dates of the first two men,
actually was the day they were woun
April 3rd.
I plan to research some of
officers ki
f the buildings here.
about their correct dates too.
Also enclosed is some information on a
run across the notation in the Red Mountain
the burial of Will Golson, the murdereet
From the information given there I
incident leading up to his death.
This is about all we have to date.
around and may come up with some more for you.
dead-line in mind?
cc: E.H. Hudson, Lt.
Birmingham Police Department
Officers
Trustees
Adams and Kirkley, as
ded. Kirkley died March 29th and Adams
the other early entrys to be sure
was able to f
Executive Secretary
publication
. Elwyn.. H. Hudson of the Birmingham
lled in Jefferson County. These names
I would be a little
by the earlier names when possibly real
You will note the plaque shows the
March 27, 1900 which
pre-1900 death for you. I had
Cemetery sexton's ledger about
of Chief Deputy Sheriff Robert Warnock.
ind this fine article on the
I am glad a sketch was included.
I intend doing further snooping
Do you have any sort of a
Cordially,
Madge D. efield
Samuel H. Frazier
President
Mrs. James H. White, II]
Chairman & Treasurer
Mrs. Ehney A. Camp, Ill
Vice-President
Charles S. Caldwell, II
Vice-President
Dr. Marvin Y. Whiting
Vice-President
Mrs. G. Gray Plosser
Secretary
Mrs. Pelham H. Anderson, Jr.
Mrs. Carr Barefield
Mrs. Walter Beale
Richard A. Bowron
John M. Bradley, Jr.
Mrs. Carl C. Brown
Russell Cunningham
Mrs. Boris Datnow
Mrs. Alan J. Dreher
Dr. Richard Elkus
Hubert W. Goings, Jr.
re OE ULE A
ae ca :
Cements tnt ae Ad of A EO Ey SPF
C. Martin Hames
Wyatt R. Haskell
John C. Henley, Il
Dr. Edward S. LaMonte
Mrs. Paul A. Liles
Mrs. James A. Livingston, Jr.
Tennant McWilliams
James J. Monaghan
William A. Powell
David Roberts, IV
Mrs. Hugh J. Rushing
. i ee —_ dl
av 4 hire
John S. P. Samford
Miss Katherine Shannon
John H. Schoppert, Jr.
Mrs. Lathrop Smith
H. DeLeon Southerland, Jr.
Richard W. Sprague
Mrs. Hall Thompson
David J. Vann
Mrs. Robert Warnock, Jr.
Jim H. Waters, Jr.
A. Steve Williams, Ill
VP CLOIFU CAL
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F3r! HS
SF SEARS PEN FONE
4 f $45 =
~ > “Oe ns
NAME,
\ipea
CAUSE OF DEATH. 7
a
Physlelan In Charge, ek AGE.
we «tern eas wet ae we ee
. 6 /Gecotd ¢ f Snletonents,” A papctss Coon eel
mya
eee
1 K. 7 y L. ¢' i yy Lovett hho. Wh. ee, /- o 7 J (PUd
ag ( YW) ! |
Ph . [4 Pitta: Cer vere cn Pie ! (3. 2a0ck ‘7 | t 4
a3 /7 ' D4, | Le ce [| f+ aw | ee
oe a | ! per '
ef ) Deakl, Vat ce (LS jp ae é
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d /14 O -2U-€ let 1 ta et | t¢ te LL. { w/e , te i
a /s' O wee ae ior cl ¢{ X te ct ;
¥ ' a"
PO —— q
i ef fn-t- ; 7 0 ae Lz 1 ¢ ct a “aa vA i
- i 6 by Aggy, | | «
Jb oto, LUM q | heal Lhd, ar C¢ Z ry ct C¢ a
: ‘LI *» . i I , ¢; re
os aS 21 pate thal J Pitecteten sak Fae Dip / Ay L fk. - Cti>
i738 19-9 & Ota eh. | a / Patera
f i | +
: Yuie JP led tt @ Wor hvrpuer ra co! 42 | wy wt |
Apbervag, hace PMP tw I
- ZN anthyrs z el i (, (ye an fp 2ULe-Ct- 62,4 (14 Ca qed t x if | ‘7 i | -
pe Witney SG [2 fey neces Lo | /0- neu 4 a jy
G if | hb
CS ede : aby, Ve 7 Winans. tee si, e{ . : 4 / : t 4 (4 I
, ea “Cy be e¥ (4 wf & | ‘ot | |
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ec
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pe ER Ph te, 3 a Bobi tates ee: ‘hye oT BRE hy
cs
ARB
bia SiS Ae ee eS
GHA, BEA ee
; ce ee Be. 2)
Fter noon.
se
. By
,
dt Despérate
ka ome Sy
oR Ey.
Tred to Arr eae
pike. Seo
= eae dre | Escaped: 3
coun allie
An. awtul, _tragedy. bécttved tik
city yesterday -atternociysabouk: fo)
o’clock. ee
sheriff, was slain.in a duel to the dentn
teenth Street: and Mr, Love. and: I came
whom he was. 1 endeavoring to ‘arrest...
The. scene of the: tragedy was: “ae tour
room -cottage- on the north: side th
hird alley, between. Fifteenth: and}
‘Strteenth: ; streets, nearer Fifteenth.
There -Were- noc-witnesses ; “ot: tiie
me a
~~
—
aad
_—_
= :
Fe
saat fj 56
: rminnale e. stuunch: the Sow. of blood: :
blood. Mr: Warnock. slfé - <down. ‘upon
OF course this. is only, & theory as. to
are he
“hand: to.> his
ee fe a 5
i Rite Hercaad se
fae. revlon re tHis:*
‘.. Becoming” tatit:~ from. ‘the:- ‘loss. -of
| the-steps. and was-in- & sitting: posture
CAMS With. bis face. ‘toward -the: door when
Lest night ‘I. ras O5. fut, on
Oe oy looking tot the
sing ms re fe “Btie}
| Het ‘to. this effects”
as sf hes, Rass tae “ “We ‘separa a
Warnock went tite:
with Will Gibison? «de
in trom Fitteentit a reel 37
rear,'_. T° climbed:
Uttle_house-in: ty
that way and nod o: festo: was {aaepbods Kis
trying to get-out oF agg ete ‘fihadg igs his pec
“Blind heard: Sree ug “to 22 tat § tbat tte
times to BY Anat a Petes. 3. ee
thet tine” Bill: got rig i to. Warner ee
“Tust: about
‘the Negro opened- the door,- fired an-
=| other’ shot und escaped up the alley.
how _one of the best and. ‘Dbeevest officers
in‘ Alabaiia was murdered ‘im the dis-
back end .of the House the firing béganst ts 5. tea
I ran to-the front: of. fire. sone at Bit eh etre
went on to the baat, FPR
| Charge. of mately
See
shooting, except the Aegro’s: rile ae Fett te heath, citi."
Barker, The position of ‘these officers |: bas
him’ down: | dt ‘an sh
eet See Ree
EF oN A
tone <
Se aT
is given in statements trom: : each, |=
cle.
; Mr. Warnock was armed wit « 4,
“Sich he carried in a Sheath strapped
which follow tn the cours¢é of this arti- a ;
around bis shoulder. and & 38-ealibre|
“sawed-off Bmith &: Werson. He used |:
the latter monecgyeeeenya fring all
five shots, . Ome went.
Me Warnoek., ‘ was wonder” ‘¢hree a ie a. { a5 xy
, i times, Ons ‘stot’ strnck him - tr the | ee eH | eget “ty
“wb Wy the sight mippie: Another}, inegn v eA
vfnt thraugh bis forearm, LEHE?P the frais
| wrist than. the etbow r dnd thé other om‘ be
, tered: the teok Mifghtty baning the-femda2
ear. This;tn te-opinion of the doctors,
was the tata} wound... =f Fe :
= The front. door of thi Howse’ has tour
wens
bullet marks ‘upon ite ‘There are physi-| me >,
cal evidences that three were made by
bullets fired trom the outside and logi- ee
. cally from Mr’ Warnock’ «:-wasanori.. i
owe OL
wn £085 n J
at’ for “emesiio
. The- fire ‘cor
le ay ‘and ald
GOLSON, Willie, black, hanged Birmingham, Jefferson Co., June 8, 1923.
“Son Dies On Same Gallows As Sire.
“Birmingham Negro Follows Father and Uncle Through Gallows to Eternity.
“Willie Golson, 30, negro, fel,l through the trap on the Jefferson county gallows Friday
morning at 11:04 o’clock. Ten minutes later, his limp body was taken from the heavy hemp rope
and he was pronounced dead...He was executed for criminally assaulting a white woman of
Birmingham late in March, a crime he confessed to committing before he breathed his last.
“After a restless night spent in the death cell, Golson was awakened early Friday morning,
and given his last meal, a breakfast of steak and eggs. Golson was attended in his cell by Jim
Pearson, negro welfare worker, his grandfather and Rev. J. P. Booth, self-styled ‘black-belt
bishop.’ Throughout the morning, Golson was seated in a large cell in the basement of the jail,
while religious services were held for him in the presence of all negro prisoners in the institution.
Golson, called on for an expression, quietly confroknted the other negroes and briefly sketched his
life history, admonishing the other negroes not to follow in his footsteps.
““T’se been running a long time, but I got caught at last,’ he said in confession to the crime
for which he later paid the death penalty. On the stand he again expressed himself in similar
fashion a short time before he was handcuffed, bound and the noose slipped over his head. As
county authorities were adjusting the black cap, Golson trembled slightly and his lips wavered as
though he was offering a prayer. Sheriff T. J. Shirley, an acknowledged opponent of the capital
punishment system, and during whose 40 years experience as an officer had never killed a person,
pulled the lever that dropped the negro to his doom.
“Golson was hung on the same scaffold on which his father died in 1899 for the slaying of
a deputy sheriff. His uncle, Will Moton, alias ‘Black Butts’ also died on the same spot two years
ago for highway robbery. Golson’s grandfather, who witnessed both hangings, was also near him
when he breathed his last, and prior to Golson’s mounting the scaffold, endeavored to comfort the
condemned negro in his last moments.
“Golson was convicted for assaulting a white woman on March 27. Three days afterward
he was caught while in the act of entering a Norwood house. He confessed to police that he had
committed numerous other attacks on white women, a number of which had been done in
Knoxville, Tenn. Lather, however, he denied any knowledge of Knoxville activities. Prior to his
death, he admitted his guilt, and also confessed to other assaults, and the murder of a negro. He
has spent considerable time in penitentiaries, he also declared.”-Advertiser, Montgomery, AL,
6/9/1823
978
would not allow answered. There was no
error here. It did not matter who told him,
or, as for that matter, whether or not any-
body had told him. The man he saw was
certainly the defendant, for whom he was
looking. And so, of the other cross-questions
to this witness which were disallowed,—if
there was not a large reward offered for the
arrest of defendant, and if he did not get a
considerable reward for arresting him? His
answer one way or the other, had nothing to
do with the case.
4. The rulings to which exceptions were
taken, numbered by us as 11, 12, 18, and 14,—
all relating to the exclusion of evidence,—
were so manifestly proper, we deem it un-
necessary to notice them.
5. The door through which three shots were
fired was exhibited to the jury. Middleton,
qualifying as an expert, testified that in his
opinion the shots were fired from the out-
side. McDonald also, examined by defendant,
testified to facts showing he had no expert
knowledge on the subject, and stated that he
was not an expert. He was asked by defend-
ant, for his opinion, whether the person who
fired the shots through the door, stood on its
outside or inside. In the rejection of this evi-
dence, the court did well. The witness knew
no more about the matter than the persons
composing the jury, and no more than any
other ordinary person, not skilled as to. the
matter inquired about.
6. Miss Willie Leach testified, that she
was near the Golson house,—about 60 or 65
feet away; that she heard a shot, and im-
mediately ran into the alley in the rear, saw
a negro man run out on the porch of the
Golson house, who ran towards the upper
end of the porch, when he turned round and
fired at a man leaning against the end of
the house; that he then ran down the alley
and passed her with a pistol in his hand, and
she knew him to be the man who lived at
that house. She also testified, that when
the man ran out of the door of the house on-
to the porch, a whole lot of smoke came out
of the door when it was opened by him, and
that shortly afterwards, she saw Mr. War-
nock lying at the end of the porch where
she saw the negro turn and fire his pistol.
To rebut this witness’ evidence, by way of
showing she had sworn falsely or was mis-
taken, the defendant introduced Mrs. Wag-
goner, who testified, that being near-by she
heard two shots in rapid succession towards
the Golson house; that she ran to the alley,
and after she had been there some time, she
saw Willie Leach coming up going towards
the Golson house; that when she first got
to the alley, she did not see Miss Leach, but
saw a man, woman and child, and no one
except them was in the alley; that just as
she got over the fence into the alley, she
saw an old man they called the sheriff, drive
up in a buggy. The state had Thomas Par-
ker called in the court room, and she iden-
26 SOUTHERN RIGPORTER,
(ga
oe eee
(Ala,
tified him as the man who drove up in the
buggy. After the defendant closed his testi-
mony, the state called Thomas Parker In
rebuttal, who testified, that he was a deputy
sheriff; that he was on Twenty-Seventh
street, when he heard Warnock was killed;
that he ordered his buggy, but before it
was ready, he walked to Sheriff O’Brien's
house on J’ourth street, to tell him of the
death of Warnock, and then returned and got
his buggy and went to the scene of the kill-
ing, about 35 minutes after he heard of it.
The defendant, thereupon, moved the court
to exclude all the evidence of this witness.
without stating any grounds therefor, which
motion was overruled. The evidence was
competent, and so far as appears there ex-
isted no reasons against its introduction or
for its exclusion.
7. Charge 1 by defendant has been too
often repudiated to require further attention.
Bonner v. State, 107 Ala. 98, 18 South. 226;
Thomas vy. State, 107 Ala. 18, 18 South. 229;
Webb v. State, 106 Ala. 53, 18 South. 491;
McKleroy vy. State, 77 Ala. 95. Charge 2
not only ignores the question of fault on de-
fendant’s part in bringing on the difficulty.
but implies his fault. Charge 3 is vicious
throughout, not only for what it contains,
but for what it omits. No-such warning as
that hypothesized in the fourth charge was
necessary to render the alleged confession
admissible, and the charge was properly re-
fused. Charges 5 and 6 were written on
one and the same piece of paper and the
presiding judge wrote across the paper, “Re-
fused,’ and signed his name. In such case,
each charge must be good, or the exception
fails. Horn v. State, 98 Ala. 24, 13 South.
329. Both of these charges, however, are
bad in ignoring fault of the defendant In
precipitating the difficulty. Charges 7, 8 and
9, were requested and disposed of in the
same manner as charges 5 and 6. Each of
them is so manifestly bad, under the facts
of the case, as to require no special com-
ment. Charges 10 and 11 were asked and
refused together as in the case of 5 and 6.
Without reference to charge 10, whether It
was a proper or an improper instruction, If
charge 11 was erroncous, there was no error
in refusing both. This latter charge mani-
festly asserts an incorrect proposition of
law. The indictment charges murder in the
first degree, and under it the defendant
might have been convicted of murder either
in the first or second degree, and of murder
in the second degree, notwithstanding the
deliberation and premeditation hypothesized
in the charge were wanting.
There appears to be no error in the record
and the judgment must be affirmed. The
proper executive officer of the county of
Jefferson will proceed, on Friday the 9th day
of February, 1900, to execute the sentence of
the lower court in all respects as provided
by statute in such cases.
11, black, han:
Birmingham, Alabama, on February 9, 1900,
itd
Sie.
oe ae ‘ra Mr Warn ck told ‘Slage, ri the offend ot the. company at
eat. i e ‘ th lo. Pifteeath | the city firnaces ae
: : “fiunke fron). “Later “op here Nlgsseg> ‘engaged: Mr.
Shae: said “that SEs arhoek: 8 feria at Gate City, wher
from >8! xieenuth; “theyooperated ttre Birmingham Mining
: nd when: we. OC and Manufacrurtig Company, ge Mr.
: Tave told tue} W arucek WAN with this ‘company for
a clbibeat overt anerinne anid afterwards be¢ame him-
ont oman a selCinteres ted in the operation of chert
bids at fate Cory with Meesrs, Cabot
and others, or dnd on he continued to
this bisiness for a number of years,
}o When? the old Age and the Herald
“Ww het eae Were consolidated InASSS Mr. Warnock
chs dodr. ot ae Heise Cres Vo i Appointed business manager-and
hed, tbut- position for some time Lat:
Ri csines eroon he Kecured can :Interest-in the
Mio War Eveniig © hronicle and was Jaterested
Ht oy as edt oe aso see Me Ws {is that paper when it. was absorbed! by
- ©. WTS oe Ps ee 43 pioee ham Sd ‘bel the News in TSSW. - 2 2
eels Sagar Mr. Warboek again became Interest-
; 3 dd in the chert business at Gate Ciry
and’be “ga about this time to becorne
prominent ‘Io city: politics. as he bad
; already bee national and County
ip} Pelides. He Ww irst conspicuous in
‘Demueratic. politics ib ISS5. when -be
fcok ndeading partiin the: local election
for Cleveland atid. Harrison: He- or.
eee bors’ Inigade drilled and so
oWell re ssulatedt: thar they were on band |
Te Withsn ay hour's notice owherever Wwant- |
pedo Hé was also! “Organizer of. aS Boys
AJC inudratic Clube
AV aensick continued - his a aters st
ola abe fies, anit, ies, celebrated,
« as part;
t
do
ae Ox. ce eeted: and Obs Ab in a of:
Me Warbock. Was appehtad tax
tordn tine Pox adininist ration and |
recon ed | asMr. Fox's * right:
Hane, During the: Fux: adminis: !
aon the Patice © ‘uminission Was ap-.
“poonted and Mr. Warnock was given aj
ough ano? DAR Cs on the board, “flere he conlucted |
Srinibedssbril! hit abd, enthusias-
r tii forth eOnitnocity. Tne ud re |
W ah Abe ‘ WG nisny re, ‘a La e Cy, vd movrat- | i
is petsonal’
e Won “the day,
eudent: eWate that:
1 fe ihe city ad placed Mrod.:
Hose: in the: Mager uty chair, A
2 Warubek 2 teturued toons:
UR AL Gute Cy foray
“Was one Xt ira ieti } ee ite i es
ab Usss avben Me friends: ot Het
How? hiur hal tothe eount a Oo het
tthe returns of the pre ary his
carrie! the.’ wholes county forts
ee dt!
aud consider! ag thet
, OS 2 oe Ne M arneck |
aehleveta w onderfal Victory: “Hechad |
: ihe. ‘delegates . to" the County. Conven:
tron repres SOME, Mr Clarke so: wet il
nds ‘drilled: that tC was impossible fort! bea,
“to evidhy a Single. break: aud that ac
ae counts Of Chealivisfon: wliowed, “The
bie ' Sn Shit convention | Was thé hvelie ‘st poiideal
tuted By, Or AeCtng in he atlstyrys of Je Merson
king’ “pata edt i oul Reh Re ea ae even COUN yas
“affair 4 ( = : Boy en eee et SOM Warnock was “Capt. Frank Se
: ; = O'Brien leading assistant in thes late
: for Sherit: ‘of “(iis “county.
Ru, When te apts: eae:
Assumed eftice, “Mr. Warnock j
VS Miatnlled as cli: ef deputy, au office
sche tilled with’ thentmosteredit to hime |:
self (ptain O'Brien and the State]
-andcountys up te the time of his de rath.
pat An private life Bob W Arnock Wits one:
of: (he most Keulal-ofomen (CHe hag ES
hy werd for the Weaknesses of Wen, |
a . 7 whand for the: AMTortuostée aud: a]
dy Aes glee for the happy gnd the succes
; NS eee oe. hoew hy wah not
oe
,
ay
pale scat ethers sider ee
ta
4
ta
y
iret
Srien assur mr arnock
; S . Ory aTAr S45 Colt's revolver, but the officer wag oo" fhm
wi : pis Ao ABT by Deputy Sher Will Live Videntiv notable tu get at tile Pyle ps lustalled as chief eputy, an office
tore hrougey c The -botlet thn kj STH negro. wad wanted tn Alitanga’ weapon was ts kin teonitis boteniahn be tilled with the Utmost credit to him-
oh; *Avercfacing, elantinx.- and lodges : UN cee a Nene AS 08 eee os sighein ning TE Eo
Captain O'Brien and
and conpty up to the time
In private fe Rob Warnock was one ‘
Of Ine most genial of men M6ehad a |e)
Wud word for the wenknesses of men,4 {
‘open hand for the unfortunate and a hv
Mille for the happy and the snecess-|
ful. Hekoew no Utthe nor mean ways | |
Hud rejoiced in the good fortune of-oth- g
ers. He hada singuarly enthusiastic
THE REWARD. nature. Whatever he ease did with
: Une: ’ Be eer .y Yikor-and with energy. There Were Do
ie SharmF linen tr tbe weno ded Nt Way Measures fs bla onen List
(Vatthem ero had Ty tales tlie Sateen oor alive Sh. riff Or Brien has aiso tele: Was el oi oe Itself, always courteous 1 sit
Maat it would take two OF Uitee dren to graphid the Governor ’to get him to) And thoughtful. He fought hard. Hed Mi
wapture him, and Suggesret that he had offer the fuildimit of the reward allow.| 4% & strong partiean of the PRS RUTE Lag
better take two or thtve men to rounded by the State in such canes, vie ,{ Of Persons he advocated and his wore} ti
bim'np. 7 L$ 0. This will make the total reward) 00Ce given for «ther was accompe nied | ig
NA the porch and halt! au the steps, in oa: ph went to the offe and Mr Warf th. Governor complies, $900. ~ Afoteseeteees Sanat pe
not kneeling position. Here A large pool beck wot is cdo and ervey we-owent! THE. FUNERAL. a ae ane man in Jefferson coun-
SAS. Of Blood accumulated. Bus ) down Poird AVANCE LO Sixteenth srpeer fuoiralef Mr Warnock will oe. peed z 4 ul Wh “Fy ;
mar ot While Mr Wardock was! ete Mr’ Warnogk told Karker anil! 1} earctoniotrow Morping “at 10 o'elock re ae ees Ba ' Sece ag
Much Bitton deserted 3 5 me es oe Ren #bproach | trout the Chtreh vi ecAdvealeeThe anita tha ee matin ae BOD fed 24 da
Nar dently. Opened ¢ ‘ Vi 1 usy POM. that direetion, and hel jnrermernt w Ii take piace in Oak Hil? Kind werd-and-a cordial rentit os bo
oh SAS thatche would Approach it from Cemetery Me. { bo Le I ng TES he
PMO Abe Uttice ‘tited the bullet thal tones Siteen th street, ; | DESCRIPTION OF MURDERER. Tie nate ph de Tag Arle TT
ge tocdestheiThe weapon was: almed at Heiyry Serving [gave Mr War: | The murderer t§a Negry supposedita} 9% UCAIn Cast “eReLa “ ia aah tie i
hei Mr. Warnock’s:head apd’ the billet OPA Minute description of the house. be-atouf vs veurs of age. He is about, COUmMubitys A’ kind, gen ah oa {cor
at We @eed inthe dine of the peck, ou, ben Barker ary 1 THEN ON SIN Cine Se lcetg cielo (ali and weighs proba- Beye pp eee theS vient, Oya: hal d
og the lett sdejorange ny down \ “Thirdafey at Fifteenth: street Meihiv 110.016 10 pounds Heois dark Log aten te i Ln aah sored rae rat} Ba)
BARS NW bepenie fatal bot was) fred! Mr. M arhOUk, Wasesfaudiog outinthe alley; brown, neither yellow or black. and nioat ee Hie A a is hank: aa yee
ah Warnock fell backward to the ground in Cront or theshouses” Barker eimbed haa a sinvoth fae So far as ly known, {Vout eee ey hOD Warnock. | tor
g Ahi another foo, ofsBiood whieh the-over te fei byo the voal house and he had no particular tharks about-him He was-all smiles in Ute and the-com- of
ete AP IOIV bas Bot! efgosde tells Mr? Warnock Bald to MEP Bits on goP by witchehevean Qe ienttied. The; (MUDUY weeps as it-realizes that dear! de
BU Where bis head rested, Just beneath (be ateund to the back door as GWick asi description which the officers bere haye| “Bob” 14 no more. oh the
‘ar house : _besstble. T obeyed the ordet and *hur.. of hen ts not satistaitory and an effort) Mr. Warnock Icaves.a widow and | eng
ik shot the pegro ried oto the reir) ‘8 being made! to secure a better des.) three children. He has brother, Mr.} yor
the State
St TeNO RP hah shee thotg @S abe hmentoand turned
Pat Ont i Y of bia death.
aud forsbut Cover fe Sharia bese booTtwas an ede
aNd ako foe yuerit Wenpono ant ite laebetiered tar
Voste rd aah adios: Wirhock Tred long enoupel
Was in Bire tn have udd tie Weapon tt wonld hive
nt Third alley den WIN ng elect w LT lreris no
1 SOUNES for breaking gail qt
Se | mate Lod § dilly the lock, et ReWiwerntirels a cae
) bersor Teeeuiber of 153
rim: throng he After the doors closed) Mp ielaryongd granil lareeny:
in Wartodk Slapped to-the ize of ihe hewing oa gAMing= house
fave | Pat TOW piamga,- clone? up curalnst the | Merping | beard thar ps
2 <4 wall’ as shown by bloody fuser prints| Mingham at the yo
4 aaa aE eu pee Naigthas ra 5 AEE On GOW Rtn Hi Lo tei M eaten bt dinteat he Washi k Was taken cour
RP re BOO s SEER, Maar es Warhock 1 met Mr Warnock and! pletely by furprise: or he would have
sah both of then) striking. lt slanting vod John Marker: dn Send Wena? be obicn ig Peadincny to. us* the larger
FARE ON Uh Coed, tween “Twentieth a Te ‘et Ww
Y ca ; a's he bd oPMwenty fret weapon.
Wher he fred the two last shots and stfeets Ptold Mr Warnock that! hay |
Sem) is revolve} AWarhovk wy
piv a IE fe Ic Wi Seat the Herre locared, and he Sah Wes
the efi shiecot the doorcnnd: risdt on
“srs the @tge of the Pr lt Where there Was
$i,. @ few narrow steps. When she feed
cee the-davt shot he “¢videntiy grew. so
n Weak thst be could bot stava apd sunk
forthe porchsswith! ble body. Halt on
ired ir
™m
ie JeCs re gee Bim at told Mr Wariork
»
The
nothe po-+
Above the ne grocevi
he door and, pointing
R tevolver at the prostrate form of
up
ee Afterotiting the last
& frou the diouse and
‘Site!
in
BS
Re of. And the-latter
=
ee snonded prompuy.
. a the begro’ Murderer bad “taken.
Ca id pot sop to 3ak &BY particulars
my fie killiog but ran Up the» siley.
i=
i
rau up the
aliey, toward Sixteenth street, where
he, Gisappéared in:o a harrow -prtvate
S ahervand made his @seape {tbrough a
{th ¥acant lotto Fourth avenue. ;
rd Mr. Warrock was réached first by
d puty Sherif’ John Barker. who fouud
Just’ inthe act of tulting under
om of HOUSE.
VWit@hisoarme and
vased® himeto. the
‘ground and then
Tac to the dear to eve
tbe negro was «till in the house. He
ani ¢Ould “not see him and then. he* ran
ist tO thevalley, reaphing there in time to
. See: tbe negro art into the Private
A@ valley He fired one shor at the negro
without effect before he disappeared,
After the negro dis
ran back to..Mr Warnock Ip the
/Mitantime Deputy Sherer Will Love
°P\ rad come through the bouse and hail
} Tacsed’ Mr Warnock up to a sitting
~ potture The wounded. map dit noi
“speak and did nor appear to realize his
, Surroundings © He was. lifted to the
lL perce by. Barker and Love, with the
pes 8 Stance of <two negro men, and
jdeath came toa very few minutes.
} A8 8000 BB Poss hie Deputy Sherier
Sh) Barker ran to a telephone an
ef Capt Frank P. O'Brien
od
5
4
of the tragedy
WAS ou the scene in a
‘ but did not-reach there
j ULE Mr Warnock breathed his last.
oa Captain O' Boen secured
a paced it’over the-form oft
, and the body remained there on the
D-poreh until removed io the Waruer-
Saniley ondertaking establshment a
hfew minutes later. :
wt: THE CHARBE.
| AB $000 8k joes. bie Word was rent to
> the Police headquarters that there was
sh, To shooring lo the Belghborhood of
Third atiey and Pifteenth ‘streer and
Mounted Officer Sam Hamilton” rea.
When he arrived
y 60 the scece he was int told who bai
‘brea ehor bor a tarps crowd of- ne-
py Brees ALG boss bad cotlected and he
uDl¥ ashed questiony eobcerning the
} few minutes,
he dead man
Co witch was shown b!
@ as the direction
He caught the falling nian:
»j front,
appeared Barher.
d notified}
a sheet and!
back of the house
ced. apd’ T turned |
front, but. just as T
: Moone run “to the
p back door and bunip Up against it, 1
thought that it was the negro running
tO Kel Out by the back Way and:lT-turn:
ed and ran to the back door again. It
Was shut and I threw myselt¢ against it!
;aund burst fr opeu.
ho "When I burst: the door open and.ran
‘into the house Il saw that it-was the ne. !
‘ero’e wife that had run to the back |
| door. She called to me. not to shoot bh :
aod I ran on through the house tot
“When I got to the
‘Re shooting covinien
to rum back to the
did 80°) heard) so
}
i
&
“When T got to the front dour Mr.
+Warbock was-iying on the ground aid
Cription
murderer went by s: veral bDames, be. | cinnat!:
Villj aod: heart-broken.
jing known. tn
ere Wil
'Wricht,
Goison and Will Boone. ;
ham/about fifteen y
- fron’ Cincinnati and his first em-
Ployment was as clerk in the Loulsvine
He had
been heres year or so when Mr. Fred
gave him
with the Slose Iron
& Steer Company, which was then be-
ing operated: by the late Col. J. w.
there
from Autauga
Rirmingham as” V
His other names w
~ SKETCH: OF RIS LIFE.
Robert” Warnock
@arg- ago.
Nashville” freight) office.
county. The, lobn> Warnock, who atill lives {p Cin-
came to Birméng-
He came
Mrs. Warnock {3 prostrated
METHODIST PREACHERS
Will be Assigned Tonight. Last
Day of the Conference at
Huntaville,
————_—_—
Special to the Birmingbam News:
Huntsville, Ala. Noy. 28.—The visit.
ing preachers who are here attending
the annual conference of the Metho-
| Barker was in the alley.
As I did so his head struck the edge of)
‘the house and 1 then drew him out}
from under the house and raised bim
up., He did not speak and there was a}
gurgling in his throat. X
|} “In a few seconds Barker came back, ;
land he aud F and two negroes lifted
| Mr. Warnock up on the porch. l-sup-
ported his body. while Barker ran to a
telephone. Mr. Warnock died in a few
minutes, being dead “when Captain
O'Brien reached the scene, a few min-
utes later. /
“After the shooting the negro’s wife
told me that the negro shot first
through the door, but later she denied
this, believe that when Mr. War.
nock:= stepped ‘on the porch the négro
began” to shoot. -We séarched» the
house and found five 3S-caliber. cart:
ridges. I belleve the. shooting owas
done with a 3&caliber revolver, After
the shooting Twas detatled to look
over Birminghdm for the murderer,
and wagon the look out all night, but
could not locate him”
JOHN BARKER'S STORY.
Following is the Story of the tra
as told br Deputy Sheriff Joho Barker,
Who accompanied Mr Warnock and
whoewas first to his-side after the
tragedy; tie
“Mr Warnock and Love and I went
for Sixteenth street and Third: avenue!
gedy
)
:
I jumped_to ———_—— -
‘the groniid and lifted Mr. Warnock up| SOOOCOO MS
The
Weather
Bureau
Is full of pent upcolds,
chills, -shivers and
shakes.. You had bet-
ter change
Underwear, -
Heavy winter weight
Balbriggans, $1.70.
Special Price Wool,
grey and tan, $2.75.
See Window.
L. Rogan & Co.
1911 First Ave.
DOOOOOOO
dist Episcopal Church, South, filled the
pulpits of the city yesterday,
This morning’s session was devoted
to the finalk business of the conference.
The appointments for- next year will
be read out laté this evening, the last
thing of: the conference.
SATURDAY SESSION,
The morning session was called to
order by Bishop Key, Rev. D. ‘T. Mor-
ris conducting the opening’ exercises.
Several visitors were Introduced .to
the conference. ;
The following young preachers were
admitted on trig}: George Stoves, W,
E. Aldridge, Luther F. Stunsell, Robert
L. Wilson, Bob E. Tyler, Willlam Ww.
Scott, James L. Self, J. Morris’ Mo
Cluskey and Boyd L: Contreu.
W. A. Montgomery, E. W. Jones, R,
Brindley, Rufus Uicholson and WoL.
Patilio were referred to the Com mittee
on Superanuations
A collection was taken for the ben.
efit_of preachers who 4re worn out in
the Itinerant service.
Charlies Walford “and Ja
Hanis. elders of the Northern
Church. were received as members of
the conference, having presented satia--;
factory rcommendations.
Dr. Wilbur R. Tilly, Dean of the Van-
derbilt University, Nashville, addrese- |
ed the conference on education. j
Dr. James Atkihs, Bundsy School
| |
mes Wil.
Methodist
pric
ha
sev
less
bee
par
000
|
i
re
¢
Ve
Zz
GLODOOOSO
ee
—
t
ee on aad
bHLPmMs
ngham, Alabama, dune 8, 1923.
Birmingham ie Negro
Negro | Follows
Father and Uncle. Through : f an
Gall
raf
BIRMINGHAMAALA, Uhinallsspece|
ial percent as Willlet+Golsons}
30, negro, fell’ through the'trap in. the !
ows, to;Eternity,
rAd
‘curb
..’ Filing, of an invol
pummglOors; ])_ 2
re-ope
“Pocha black cap, ‘Golson...trembled slightly
exchange." 02"
“al
y
(Continued fron ‘Page’ One. b)
* Chay) and his lips wavered as thou
gh he was
receiv4 offering a prayer.
Jefférson cbunty gallows. Friday morn- é was a Sheriff T, J, Shirley, an -acknowl-
ing’ at: 11:04 ,o’clock. - Ten - hiinutes’ 7 tle, rel edged: opponent of the capital punish-
later his: limp! body. was taken: from the; ween UPtS ment system, ‘and during whose 40
tomort years experience as an officer, had
heavy - emp :ropé and, he: was .\pro-
nounced :dead. roe 2 5 oer Mas,
Golson was.one of ‘the ‘two negroes
in Alabama to. pay; the. extreme penal-
j never killed a person, pulled the lever
j that droppd the negro to his doom.
' Follows Ancestors _
Noes ‘j
ty on Alabama's hanging day...He was to go 7)
executed. for .criminally assaulting a fi ae tba ost whit he dation wee. vere
; ‘iB } \ E at cla i y San
white woman of Birmingham ‘late .in em) sets a| for the slaying of a: deputy eherisr.
March, :a-. crime «he ‘confessed: to com-
mitting before he: breathed-.his‘last,
Spends’ Restless ‘Night ©" '
howey| His uncle, Will Moton,’ allas “Black
| $5,000] Butts” also died on ‘the same spot
two years ago for highway robbery.
' Nic PY SPS Reaper a custo]
After-a nestloes: night ‘Shent ‘in the: |] pensic Golson’s grandfather, who witnessed
death ie , Golson: was . RMakened | Jones| both hangings, was also near him when
sarly ' Friday,morning,: and given his ‘|curb | he breathed his last, and prior to Gol-
last meal,’ a.breakfast of -steak: and
office | 89'S mounting the scaffold, endeavor-
BES ee ' 4 ed to Comfort the condemned negro j
_ Golson was attended in. his cell ai his last moments. .
»y Jim ‘Pearson, negro welfare a sn «| wauk{ Golson was convicted for assault-
lis grandfather and’ Rev. J. P. Booth, ) | boro - ing a white woman on March 27, Three
elf styled “black, belt*bishop,”
Throughout the morning .Golson was
Me | days afterwards he was ‘caught while
ik. niin the act
.& Norwood
eated ‘in.a@ large cell ‘in ‘the -basement: Cons | house. He confessed to Olice that he
f the jail, while. religious -Services | signe | had ‘committed numerous other attacks
vere held for’ him “in ‘the presence: of vesti | ON white women, a number of which
‘ \) |
ll negro prisoners-in the institution.
‘Olson, called ‘on’. for: an” expression,
uietly confrontéd the -other: “negroes
nd briefly -sketched':his life ‘history,
dmonishing ‘the’ other -negroes. not to’
ollow in his: footsteps... — ete Ni
Admonishes ‘Fellow ' Prisone?s ” i
“T’'se been running a ‘long time, but nk
{ got caught at last,” he’ said in-‘con-
fessing to the’ crime for’ which he‘later {
paid the death penalty.- ~ *
On the stand he again expressed him-
selt in similar fashion, a short while
sefore he was handcuffed. ° Bound and
and -noose slipped’ over: his head,” As
county: authorities‘ were “adjusting, ‘the
(Continue, ait a as ue
iahiee Seiorecares )
had been done in Knoxville, Tenn.
Later, however, he denied any knowl-
edgs of Knoxville activities,
| Prior to his death he adniittea his
‘ e’ time in peni-
| tentiaries, he also declared.
CHAMBERS NEGRO HANGS
be
b
a
m
3
o
3
ct
°
3
Ss
=
ry
oO
4
9
as
BUCKET:
BIG #SU
Investigation ¥
_ Twenty Br,;
~~ Nea
, F ; ur
‘CHICAGO, Ff
ty ’ brokerage uc
are doing a bks
So to the roc’re
ty days”, Ged C
resenting the at
in the investig?
erage firms: bet
E. Crowe, sta
today, 9’ ‘t
_His statemen :
sistant state’s
‘over the books}
their Possession,
head of the A. |
pany for questij
plaints made a
The state's
ter said, is now!
“sucker lists” co
‘practically all ::
in Chicago, He,:!
firms might b
and go out ofp!)
Se’ said, were 1
ruptcy.
George E. Go
attorney, in cha
tion. said there |
into. ‘the ‘affairs
and Company w
offices after the
Say: _ LA FAYETTE, ALA., June &.—Sna.
bankruptcy proc:
okey ogo iatiliienas i iaumamaaaealll
GOODWIN, Phillip, black, hanved a t Mobile} labama, on June lh, 1895.
iw |
rsdine,
Vs
iy of coffee. 4 y
nif he didnot vie ome” over
ncls
the corner.
Ww
0
ars, sped
vy he
“ At) On) ne
o ein
7 Cee
~. Philip Goodwin,
iL W
Wild ah WAM
VV tage ies
Vly Sq tee ENS
vee We Pett
dyes tg. the
Diath. dass
\
“THE DAILY REGISTER: MOBILE
ODWIN’S NECK BROKE
ow
HE PAYS THE PENALTY FOR
"<) ISILLING JOHN POOLE.. ©
«HE IS HANGED IN THE COUNTY JAIL
‘_YARD SHORTLY AFTER SUNRISE
!-. BY SHERIFF DORLAN.
° f
at .5:97. o'clock
the negro murderer,
~ was hanged in the yard of the county
“Yesterday morning
*-jail. The execution was entirely devoid
Aoot
sensational ‘speeches or. exciting
harangues,' and many who witnessed
.the grewsome spectacle expressed ad-
.-Miration of the.manner in which Sheriff
*Dorlan ‘and ‘his deputies had arranged
and conducted :the. affair. The: drop
» fell at 5:57 o’clock, the body shot down-
-wurd into space and ‘in fourteen’ min-
- utes and ten seconds Dr. H. T. Inge,
--county physician, ‘announced that life
wpe extinct, ./iiiids iT wil S
se At 1 o’clock yesterday morning Good-
win begged to be excused from talking
: to anyone, and‘ lay down upon-his cot
(to retire for the night. A few minutes
afterward one of the deputies of the
. death watch softly opened the door of
sthe-cell and the condemned man was
‘ soundly sleeping, with a smile upon his
face. tien ‘ody ra ara as:
At 4:35 ‘a.-in. Deputy Reub Dorlan
“awakened him and: set about preparing
him for the gallows. As he arose from
the cot he knelt © for five minutes in
prayer and then. after being - shaved,
> attired himself. in a neat-fitting black
“cashmere suit, which had. been pur-
chased_for the occasion by Sheriff Dor-
Jan. Ifather Joseph arrived at the jail
at 5 o'clock aud, together with: a jye-
porter for he Register, was ushered
into the- cell of death. Goodwin
showed no sign of emotion, and a: smile
played. upon his '-face as, in reply ' to
a. question, he suid:.-“I feel as -good
as a man could feel in my present con-
dition.” As the sacraments of the
Roman Catholic Church: were. admin-
istered Goodwin evinced much interest
and was firm in his assertion that he
was Satisfied as to his spiritual condi-
ation and requested that no minister be
lowed on the gallows.. but Father
Joseph, who had displayed so much in-
erest in the case of the condemned man.
At 5:15:o’clock a delegation of colored
ninisters entered the cell and were cor-
tially received by Goodwin. He sat-in
@ chair near the east window, and as he
uoted Bible verses and spoke of the
gaiourney”’ on which he was soon to em-.
Mirk his face. brightened as though he
it sure.of the repose of his soul.
When, at 5:30 o'clock Jailer Lauren-,
he entered the cell to enquire’ what
podwin would eat for his breakfast he
us necompanied by Mayor Lavretta,
-Allerman’ F.. CG. Scheible and ‘Chief
Police Burke, who asked how he was
ling. In answer. to their joint en-
THE GREAT REGULATOR. .
”
No medicine is so yy
universally used as oy
Simmons Liver Reg-
ulator. It takes the
Place of a doctorand
costly prescriptions.
It is.a family medi-
cine containing no
dangerous qualities,
but purely vegeta-
ble; gentle in its ac-
tion and can be safely
given to any person
no Matter what age. .
- WORKING PEOPLE
can take Simmons Liver Regulator without
loss of time or danger from exposure, and
the system will be built up and invigorated
by it. ‘It promotes digestion, dissipates
sick headache, and gives a strong full tone
to the System. It has no equalasa prepara-
tory medicine, and can be safely used in any
sickness, It acts gently on the Bowels and
Kidneys and corrects the action of the Liver.
Is endorsed by persons of the highest char-
acter and eminence as ,
‘The BEST Family’ Medicine.
one minutes from the time in which
Goodwin had left the roont?’where he
had slept soundly he was Inid out’ in the
same room a lifeless corpse. Coroner
Hirshfeld viewed the remains and gave
the sheriff a certificate that Philip Goua-
win came to his death by legal execution
and ‘that his neck was broken. ~ “4
GOODWIN’'S CRIME.
The crime’ for which Goodwin paid
the penalty with his life was commit-
ved at Venetia, a small station ou the
Louisyille and Nashville Railroad, about
eight miles south of this city, on the
morning of August 6, 1893, when he
shot Section Boss John Poole in the
right side with a shotgun, Poole dying
from the.effeets of the wounds on the
next day. The Saturday night preced-
ing the shooting, Poole sent another
man to Goodwin for the oil and lamps
to light the switehes at the station, and
thereupon Goodwin sought Poole and
asked him if his work was not satis-
factory, and_ Poole replied that it was
not. ‘Chen Goodwin demanded his pay,
‘and there was a dispute: between them
as to the sum of $8.90, which Poole
claimed that Goodwin owed him, and
which Goodwin denied. Finally Poole
ran Goodwin out of his office). and thore
the matter rested till the next morning,
when Goodwin got up bright and early
and. taking his gun, went to the house
of John Poole, and, calling him out on
the gallery. told Poole: “I am tired of
your hossing at me all the time, and
{ have come :to_shoot you.” Poole said
to Goodwin, “Don’t shoot.’ and then
turned. about half-way around, when
Goodwin pulled the trigger, and the load
took effect in the. right. side of John
Poole, penetrating into - the: cavity of
the. lungs and some of the shot going
through .those organs. Poole died next
day. After the shooting Goodwin
walked to town and gave himself up at
the jail to Jailer Ed Laurendine, and
told him substantially the same story
of the killing as is related above. Aftor-
ward he-said that he- killed Poole be-
cause Poole had made a proposition to
him to debauch his wife. but. this story
was regarded as _an_afterthought, and
Sf. “VINCENT SCHOOL
ene» oie:
THE. ‘TWENTY-EIGHTH ANNUAL
2.--COMMENCEMENT 4
AMP oy : 1 F
HELD. YESTERDAY AFTERNOON IN
THE- PRESENCE OF A VERY
: LARGE AUDIENCE, en
} rR YR
The twenty-eighth annual commence-
ment of St. Vincent's Select School took
place at 5 o'clock yesterday afternoon at
the school building, No. 350 Savannah
street. The exhibition hall was all too
small to hold those who came to witness
the exercises, and many of the visitors
had to be content to take a seat on the
side gallery, and see the best they could;
and it was no small compliment to the
pupils and their teachers that they re-
mained throughout the programnie.
‘The hall is quite roomy, and the seats
were arranged in tiers about half way
back, so that there would be an unob-
structed view, but those in front insisted
on standing up, and those in the rear
Were compelled to do the same, so that
nothing of the stage or performers could
be seen from the entrance to the hall.
The stage was very prettily decorated
With -wreaths of flowers, and there was
a very delicate drapery of light airy stuff
of a very delicate shade of green which
made’a good background, against which
the white dresses of the pupils were
seen to the best advantage. ‘This duffy
drapery was looped back at the right and
left of the rear of the stage for the pur-
pose‘of providing exits for the pupils as
they did their parts and then retired to
their class rooms. .
On the right and left of the stage were
arranged tiers of seats upon which the
pupils sat during the exercises, and the
-effect was very pretty.
The exercises ‘consisted of instrumental
music, choruses and recitations in con-
cert, and the programme was carried
out without the slightest hitch. Some of
the recitations were very laughable and
were much enjoyed. .
The instrumental quintettes and sex-
tettes \ere very nicely executed und
showed very careful study and mach
«diligent practice, without which there
can be. no perfection in music; and the
manner in which the young — Indies
charged with this part of the entertain-
ment kept time, and the expression of
their execution, was ample evidence that
the hours devoted to their training have
not been bestowed in vein.
The same thing may be truthfully said
of those who took purt in the class reci;
jtations. They spoke their lines together,
made their gesturés in the same mann-r,
and in fact. charmed the andience by
their general excellence in the rerdition
of these recitatious. This was notably
the case’ with the recitation “Tow
Grandma Danced the Minuet,’ the
young ladies who took part in this recita-
13)
tion proving themselves to be good ac-
_ ve: I find the Royat Baxinc Powprr superior to
s.respect.
It is:purest and: strongest...) 3. Piegee Wee aN 4.
nies WALTER S..HAINES, M-D/“-°:
retae te Consulting Chemist, Chicago Board of Health.
ORR ORS RS = ae raeyrer es Gees age :
BOD i ROR SIRS EGER SER ORE EBOR DRG EDR GEOR GEROR DED TROL
all the others in every
“
bs ‘
3D) SESEROR OES TAG ERORGEBEREEDUT SERVI RIEDER EGTA GROGR GOD
aii
a Waihi. : a
a ghee wan ence ae .
D) “sa you eull Jud
yor a a answer to:the
some. Caks
t some. Cre
the, cell
reporters
\ trial”
T have ;
, gy this time
deputies,
\
earner: eryor
wnaviedl Ae Wat vl) are
NASON REE
ye POUL,
v
Son Antel VW wei t
the fava ot the wr ’
yang into Ws, yo
fsligpluy.‘e
Yoeee any,
yA 1
-
<
ie sa
sup cour
he | supreme
the
supreme cot :
: committed in t
we, oF the. 1 ‘i
Yai Wry WARTS Ase} AN hav
\ AW Veet Ny , Nt "| Wt tad ese \ te Ws ; Soe
\ RAN \ QAO, BERK po:
Pe vacauraccmegt
‘he eon
mV, e A\ A “4 \ \
CNY GAN aka AN
their: teachane, ;
finding | 0 Aade, hyy Wu pet af.colored
there was not much eredence given to
It, except by_a few colored citizens, who
4, = tyne
; 4 +
his
. song al
execute
yours
flowers
at te he kill-
triec q
cha the cuse went Jo ~
t both times. On —
. was reversed by | ‘
mort fF a technica
" rause of a. :
ourt Lymer examination 0
who was examined
© tyleamany yout MeDonald,
Napnds
AANA
Fe the gaunt hela a hed AN
i rants | fag tite
[hare ce aaa naett i) Aes
ve
sen- | Moutain ALaic
advantage in execu
awanled +b
; . i
tors as well as reciters. Another
Spacer : VIVIe UTES ty tater n
This was a
i and ° was,
areh combined, ¢ tie ;
ea number - haat Ray
ivs; W sarried bouquets
adies; who. cart , eater
pei Wands which they ust nodes
pag Oe ting some very pr
n the stage.
ution of
2 Saga Sh Ag de
*s Revel.
d'by a
this number the:
remiums were
ivan. .Whea
rds af. acer?
certificates anc
receive:
as BK
es
abo 4
7 ae
bet
oh is sprang into his young eyes.
;
MAficers would soon arrive at the
$9 the Saviour'’s arms.
a ae I am satisfied.”
as those who aecompanied him.- }
~ the crowd.as the sheriff adjusted the
-the sheriff descended
“Father, into ‘Thy hands I commend my
“musele moved.
» Doctors Inge, Abrahams, Owen’
‘feld\and Acker examined the pulse and!
heart beatings, and in fourteen minutes
ciel Turis.
“T den’t want nipibieg to “eat
iv, Mr. Ed,-unless you can send me a
>» of coffee.”. In answer to:the ques-
Wn it he did ,not wapt somg.cake-he
aes YNG,- sir wae have some’ over there
the corner.’ By this’ time the cell
fms crowded with deputies, reporters
Md colored ministers, all of whom spoke
low ‘tones and moved about softly, as
Buch the’ presence of the Ant gel of
rath’ was felt.
Yyver in the northwest ‘corner of ‘the
little James Burfoot, the acolyte
Becoee nee the holy priest, gazed
condemned man and
This
is the only display of emotion notice-
fle on the face of any of ‘those present;
odwin held the cup of coffee in his
@ind for a few minutes, and then ‘drank
; contents with one gulp. :
aChe sun was beginning to cast its rays
rer the grim old jail building and ont’
the corridor a busy scene Was pre-
nted. Sheriff Derlan was anxious that
‘ae execution should take place as early
Pegiter the sun had risen as possible, and
-erything was. now in readiness except
le arrival of the coroner and county
Biticials. ‘Che telephone was used, and
was found that the .above ag a
ai
# When a reporter suggested to Cieodvwi in
hat it would only“ be a few minutes
Hiutil he would go to ‘the gallows, he
Booked wistfully out into the bright
sunshine in the well-kept jail garden
ind then, starting up, eagerly said:
‘Yes, in a few minutes now, L[ will be
It is hard luck,
Sheriff Dorl an en-’
tered the cell and announced that
overything was in readiness. A physi-
cian tested. Goodwin’s pulse and. found
it nornial, not cven suggesting unusual
nervousness.
THE MARCH TO THE GALLOWS.
At 5:03 the procession was formed.
The condemned man was assisted to
arise by Jailer Laurendine and Father
Joseph, ‘who supported him he?
walked, the priest encouraging him by
spiritual admonition. One minute later
the solemn procession,- preceded . by
Sheriff Dorlan, who walked with bowed
‘head, folded arms ‘and a rigid coun-
tenance, issued from the main entrance
and slowly proceeded to the gallows in
the northwest corner of the yard. >
Goodwin walked weet, though his face
betrayed © terrible mental. depression. $
Closely following .the condemned m:n
,were’ Deputy Reub Dorlan and ‘the
‘priest's acolyte. The shevift ascended
the fateful thirteen steps leading to the
platform of the gallows with a_ firm
. tread and at once CLanneotad arranging
the grass rope. As Goodwin reached
the first step leading to the platform he
shrank back, but seemed to renew his
‘energy and mounted the steps as firmly
A minute: liter’
as
There wasa murmur of surprise from
the head of the: con-
‘demned- man, handeuffed him;-and
“bound. his feet with black ‘cloth.
foy the morbid-nature of those who had
heen drawn’ to the jail-yard to witness
the grewsome = scene. anticipated that
Goodwin would make a talk from the
gallows. : ’, Y ‘
Not a word was said,
death pervaded the jail yard until the
final preparations were, completed, and
to the ground and
to his post to snap the repe which would
hurl the buman being into eternity. Then
slowly and audibly Father Joseph said:
“black ‘ cap: over
a stillness as ‘of
spirit.” Goodwin hesitated as if to ob-
tain a second’s lease of life and then
slowly repeated the words -of the holy
priest.
As the last word. died on his lips the
“\gheriff snapped the rope, the body de-
scended heavily and all was over. Be-
yond a slight twitch of the feet not a
Ilirsh- #
and'ten seconds Dr. Inge. the county
physician, announced that Goodwin was
dead, By this time the jail yard had
heen cleared of ull sightseers, and Sheriff
PBerlan untied the rope,.the body was
bowered to a stretcher and in just twenty-
2 - °
‘
pete
ring of Poole,
josity
’ this aecount, to if: his sen-
tence commuted to life imprisonment.
Goodwin was tried twice for the kill-
and the case went to the
supreme court both times. On-the tirs¢
trial~ the case. was reversed. by the
supreme court because of a_ technical
error committed in the examination of
one of the talesman, who was examined
as MeDonald, Jr., instead of McDonald,
Sr. 2
On the second trial of the ¢
it was again: carried to the
court, and that tribunal athrmed the
finding of the court below. Then an
effort was made by a nunipder of colored
citizens to huve the governor commute
Goodwin's sentence to imprisonment for
Jite, but after hearing, the evidence, put
forward in his behalf the governor
fused to interfere.
This is the second hanging at which
Sheriff Phelan B. Dorlan has officiated,
the first being the hanging of the wife
nurderer, Willie McNeill. He. will be
called on to otticiate at another panging
on July’5, the date set for the execution
of the negro Tom’ Norville, who cut
the throat of another negro in this city
about wv year ago.
SOME OF THE INCIDEN ‘TS.
As early as 1 o'clock yesterday morn-
ing crowds of negroes had begun to as-
semble in the streets adjacent ‘to the
county jail, and by daylight every’ avail-
able bit of space, every tree and every
wall in the neighborhood was occupied.
It had been announced that only de-
puties, néwspaper wen and county and
city. oflicials would be admitted to the
jail yard, but this was almost an im-
puseibitity, as the crowd surged, seethed
and pressed against the big gutes when
they were opened.
In addition to a full feree of deputies
four mounted police patrolled the streets,
and a number of policemen were on duty
in the jail yard. At’d o'clock yesterday
worning Chief Burke sent a relief force
of twenty-four patrolmen to the jail: to
assist Sheriff Dorlan, and the best of
order was preserved.
There were about 300 persons inside
the yard to witness the execution, among
whom. were uoticed several candidates
for sheriff of Mobile county.
‘Tust as the sheriff cut the rope and
sprung the trap a young man named
Charles Enholm, who was under the in-
fluence of liquor, and who had been put
out of the jail enclosure on that ac-
count, fell from the high wall surround-
ing the jail, on which he had climbed to
witness the execution. At first it was
thovght that he was killed, but he was
subsequently revived, and given medical
attention by Dr, Abrahams, and the
last reports’ from him are’ to the effect
that he was not badly hurt.
A-vyoung man named Robert Barry
fainted when the drop fell, but he was
also soon revived ander medical atten:
tion. ‘ .
There was no demonstration from. the
crowd, and as soon as the morbid eur
-had been gratitied they quietly
dispersed, and fifteen minutes later the
streets were cleared and the policemen
and other ofticials left the jail.” °°
After the body had bean” examined . by
physicians it was turned over to A.
Jobnson, a colored undertaker, by whom
it was prepared for burial and shipped
to Goodwin's mother at Greensboro
via. the Mobile and Birmingham, train
yesterday afternoon. !
‘A~New York Bak Powder claims
that uo powder received an award “over”
it at the: World's Faie wheu it did nat
exhibit. Tlighest award .was conferred
on Dr. Prig
CATASTROPHE AT “A FUNERAL.
Rome, June 14.—A terrible catastrophe
occurred at a funeral in the town of
Rovigo, in the province of that name,
to-day. While about a hundred persons
were standing upon a platform upon
which the body had been placed, pend-
ing religious services. the structure gave
way, throwing everybody to the ground,
together with the coflin. Eleven men
and women were killed by, the fall or in
the subsequent struggling of the buman
mass, and twenty others injured, several
een
MZ
Ss. .
‘Loy e Green, at Billing’s saloon, manages
to have salt oysters on Ice when “7 are
not obtainable elsewhere. ‘
cae?
* ey meagr ts
supreme ¢
les
? .
Was a
and was
*“Moutain Maid's 1.” . This
song and mareh combined,
executed by a.number of very pretty
yourg ladies; who. carried houguets of
flowers. and Wands whieh they used to
advantage in executing some very pretty
movements on the stage.
After the execution of this number the
certificates and special premiums were
| awarded by Bishop O'Sullivan. When
jall had received their rewards of merit
the bishop,.as is his custom on such oe-
easions, spoke words of congratulation
and encouragement to the pupils: and
their teachers, the good sisters ‘of the
institution, and his remarks were warmly
applauded at the close hy the pupils and
the audience. The following comprises
the list of pupils who received .
ACADEMIC HONORS.
In testimony of having passed honor-
ably through the grauatinxg class, a gold
medal and crown, were + conferred on
a“ S. A. Martin.
Iges of honor for deportment were
Ps or A honors to Misses J.
Munger, A. Evans, T. Delaney, L.
rago, -M. B. IXenny, N. Ribet, C.
Joseph, L. Langan, - K. Ollinger, D.
Giblin, M. Powers, ,. M. Martin. J.
Bolling, M. Houck,
o., Warveil, 1. Orr, ME.
Muntz, E. O. Win-
ter, Hynde, B.
Dreaper, A. Norville, G. Davis, N.
Winter, C. Conrad, A. Burke, R. Tier-
ney and R. Doyle. Second honors to
Misses C. Quigley, K. Finnegan,
Morrison, If. Baldwin, A. TIanlon,
Sangassan, J.. Bailey, FE. Brown,
O'Brien,- ‘A. Muntz, “4 Tardy,
Hickey, G. Murphy, E. O’Brien,
Ilanagan, M. Smith, A. Delahunty,
-O'Connell. L.. Eldridge, FE. Council,
Ravier. R. Gab, A. Scott. M. Good-
-man, M. IXorniker,,A. Cashin, A. Flan-
uan,:-.”
Misses A. O'Donnell,
Davis, ‘I. McAdory,
having been a sufiiciont lengih of time
at school to compete for honors, merit
distinction for satisfactory deportmont.
Premiums for musie were awarded to
Misses M. O'Rourke, L. Norville, M.
Martin, D. Giblin, M. Powers, A.
Fanane, I’. Baldwin, .
Vinnegan, IX. Ollinger,
EF. Bolling, A. Hanlon, Tardy, J.
Farrell, A. Norville, G. Murphy, 0.
Winter, I. Orr, IS. Flanagan... B:
Preaper, E. O'Brien, E. O'Connell, A.
Delahunty, L. Donivan, H. Minto, L,
McAdory, G. Flanagan, I. Pritehard,
Premiums in French to Misses P.
:Ravier, N. Ribet. D. Hogan.
Premiums in painting and drawing to
Misses A. Ollinger, ‘A. Tevaus,* A.
Fanane, T. Delaney, * I. Buckley, A.
Norville, L. Mel<ibbin, B. Dreaper..
Premiums in plain sewihg and orna-
mental needle work to Misses A. Ollin-
ger. A. Fanane, NN. Ribet, T. Delaney,
A. Muntz I. Baldwin, ‘M. Morrison, Li
MeWibbin.
Medals
IXenny,
were awarded
‘Martin, M. B. Kenny, M. Powers, B.
“Deeaper, “A. Delaluuity, A. Glass, N,
MeiXnight for prompt and faithful at-
tendance at mass and sodality every
Sunday during the scholasti¢ year. ;
Certificates of scholarship and premo-
tion “in the senior, * intermedinte, and
junior departments were awarded, as
“ere also the prenituus to the primary
SSO
to Misses &.
The following is the programme: -
My Regiment—March Rrilllante.
Dianos—Misses L. Norville,
Giblin, .A. Fanaue, K.
lon. :
“Argelus Domini”
. Anschutz
M. Martin, D,
Ollinger, A. Han-
—Semi-chorus...... Karst
Award of Academic Honors to Miss L. A.
Martin, and of Honors of Deportment to
the Pupils.
Blower: of TeOCQi6 bcc. seo ves
Pianos—Misses A. O'Brien, IK. Finnegan,
J. Warrell, A. Hanlon, O. Winter, L. Orr,
Recitation—“Emmet'a, Grave’ —
Intermed; ite Ch
- Little Girts
.. Bollinan
I’. Baldwin,
2. Bolling, Z.
Song of the Raindrops...
Silver Stream...
Pianos—Misses
A. O'Brien, M.
Tardy,
Recitation—“The Launching of the Ship’ —
Senior Class
Capital Song.. Resurrected by F. L. Bristow
“Tlaine’’~Grande Valse de Concert...Holst
Vinuos=Misses M: O'Rourke, L.. Norville,
Db. Gibiin, A. Fanane, K. Finnegan, Kk.
Ollinger.. ‘
How Grandma Danced..the.Minuet—
. . ‘ Junior Class
Vower
Kenny,
M.
i.
“of evif. ‘With the ending of services, Golson conducted to thescaffold, Time of hanging had been
|
eit Soe eee
_after trap fell, Early in the morning service s for him were held in the prison basement. Follove
WILLIE GOLSON, Hanged, Birmingham, Ala., June 8, 1923.
"No appeals have been made for Golson, sentenced to die for attacking Bi rut hehan white women, Before
‘Chief Dep, Sheriff Henry Hinl, other deputies and four negro preachers, Golson confessed his guilt
Wednesday morning Follawing confession, he kneeled in prayer with preachers and was later baptized
by Rev. L. H, Boyd, negro pastor of his mother's church..eeelo be hanged on same gallows where his
Se hanged over 25 years earlier." AGE HERALD, 6-7-1923, (Note: Will Golson hanged on 2-9=
1900,
Remaining quiet on eve of execution, and reading of death warrant brousht little response. Since
‘getting religion' Golson winced but little interest in approaching execution, On night of 7-6,
he prayed several hours before going to sleep, Appetite has been normal, Undreds of morbidly
courious = most boys of 16 and 17 years of age, applied for execution, Sheriff posted bulletin
syaing only adult men would be allowed to view, AGE HERALD, 6-8-1923,
"Calmly, ouietly and with lips moving in muttered prayers, he went to hisdeath on gallows in jail
yard at Jefferson County Jail at ll: Ke Mon morning of June 8, 1923, Pronounced dead 104 minutes
ing talks by Rev, Jim Pearson, necro prison worker, Rev, J. P, Booth, Golson's grandfather, and an old
deacon in Golson's mother's church, Golson arose and made his confessions before the assembly of
negro prisoners, The condemned man spoke a warning to all negroes and cautioned them to follow the
‘straight and narrow pabh,!
"tT just want to tell you not to go the way I did, Itve been going a long time, but I got caught and
I ought to, I attacked a white woman and a colored woman, and I don't know how many more, I did it
in New York, and in Mississippi, I knowed this was coming, Two years ago, up in New York one night
I saw myself going through this gallows and now itm going," His actionswere heavily censured by his
grandfather who cautioned other blacks to take the hanging as a warning and not to follow the ways
advanced because of immense crowds gathering in court yard opposite the jail. Before approximately
200 county officials, newspaper men and three women, Golson mounted platform, Chief Deputy Sheriff
Henry Hill and three negro preachers stood beside him, After XMAXXXXEX% one of the preachers spoke
shortly, Golson askedto speake In a voice scarcely audible to spectators, he began, 'I've always
thought only of myself, Now I want to warn others to do night.' The voice became more indistinct
and finally trailed away, As the noose was placed around his neck and his arms and legs strapped,
his lips continued moving in prayer, There were no traces of fear on his face, 's the chief
deputy fitted the black cap, Sheriff T. J. Shirley pulled the lever, turning his head aside, The
body fell cuickly, It never moved or twitched, The crowd filed silently with the swooning chant of
"Death is only a Dream " seemingly still echoing about the sombre jail walls, Ten and a half min-
‘utes later, Golson was pronounced dead, Ihe remains were immediately taken to Ketona for burial
by the county, The rope used in the hanging was taken to the sheriff's office, There were no sou-
vineers given away as in former hangings. Golson was convicted of criminal assault on a Birmingham
woman, His father died on thesame gallows for the murder of Bob Warnock, a deputy sheriff,"
AGE HERALD, 6-9-1923
Convicted on faternoon of April 30, 1923, of rape of two Birmingham white women and sentenced to
hang. Attorneys Luther Patrick and H, B, Parrish made plea of insanity, They were court appointed,
Decision came 1:15 minutes after jury retired, Was con’ronted by one of alleged victims who iden-
tified him and Beye that she had been attacked by him early one morning while alone in a room
with her two-year-old child, The other woman alleged to have been attacked by Golson was present in
court room but not placed on witness stand, Relatives of both women present, All members of general
public excluded from trial, The mother and sister of Golson and five negro prisoners confined in
jail were introduced by defesnes in an effort to prove insanity, Arrested on porch of a neighbor's
home in Norwood by “, H, Beatty, Confessed to city detectives that he had committed two Birmingham
attacks on white women and several burglaries and had attacked nine white women and one negro woman
in Knoxville, Tenn, Knoxville authorities who came here to cestion Golsond:cided he could be
convicted more easily here, AGE HERALD, May 1, 1923,
z
ere BB. e 2 > 4
re —_. - we . : j
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| He ‘ros a brothe
xt CURRY lated AADEGA,
a ese : So
> Chairman Chas | The Brotal Murder of James P. Dob.
© ble fo Paty. oes
press | Prayer
8
“fe the!
‘Committ “declaring
weet “not daly and: Ie.
the question
tchard, Harria and Pet:
r ‘vote in the pegative.
iebarh ‘expressed the!:
redgna Sena 3 Curry:
Spe e css NOOK WEs:
{it was toq.t
tion of It. ene wes
he Huestion of the ref-
few minutes before the execation Cur-
ry made a cigttett
the Sheriff called him to. btm death. >
stood: 6 te!
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coat, aed Seria eae tials
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CUES 4
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# one
inal annuals of Thilndegs ee he For}.
no vcaune whaterer, on the cht of
February Ist James Plock ey bbine
was decoyed, whfl4 ipa + of ia.
» Late: Hath: Ae Jcctuae Bent weeks
TT ibe: siniee ae’ ‘the Pecagatt “The: lsalea, ikea the
and smoked -uotil | ter a. " os
‘Lord and.bed no fear of held: a
‘The death warrant as read at 11:25, Se eh Me eat eee he
the gallows and ae the}. 5 Altre) We
Fea ‘the. shertf ‘pe ‘ee Y
gn the jailer ond asked |
| coos ape oben es Senet opie ie ff
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52 62 SOUTHERN
REPORTER (Ala.
exclude them, and hence we could not in any { part of the res geste of one continuous trans-
case consider the rulings complained of in
the aspect presented on this application.
action, though it proved a distinct felony.
[Ed. Note.—For other cases, see Criminal
Taw, Cent. Dig. §§ 822-824; Dec, Dis.
[9] The suggestion that the fact that the | 3¢9:* Witnesses, Cent. Dig. §§ 925, 979, 983;
box handed by Pearce to the witness bore up-
on its face the picture of a bullet was not
competent evidence to indicate the contents
of the box, and was in fact the unsworn
statement of an unknown witness, and there-
fore mere hearsay, is without merit. If we
treat the inscription as the declaration of a
third person, the rule of exclusion fails, for
the declaration is in effect made directly to
every person who receives the box into his
possession ; and, when he hands it to anoth-
er, he in effect repeats the declaration as his
own. The correct theory of the matter, how-
ever, is that inscriptions designedly placed
on bottles, boxes, or other packages, in the
ordinary way, for the obvious purpose of in-
dicating their nature or contents, may in
general be regarded as competent evidence
thereof, at least against those persons who
have such objects in their possession, or who
dispense them to others. Their external in-
dicia are some evidence, stronger or weaker
according to accompanying circumstances, of
their internal contents. If a defendant is
accused of selling alcoholic liquor contrary
to law, it cannot be rationally urged that
whisky labels on the bottles of liquor dispens-
ed by him would not be some evidence of the
nature of the liquor inside; or, if a defend-
ant is accused of committing murder by poi-
son, that an arsenic label on a bottle in his
possession is not some evidence that the bot-
tle had contained arsenic while in his pos-
session. In such cases the inference of a
content corresponding to the label is clearly
one for the jury to draw or not draw, as a
conclusion of fact, under all the circum-
stances of the case. So in this case the bul-
let label on this small heavy box might legit-
imately aid the jury to the conclusion, not
only that it was a cartridge box, but also
that it then had cartridges in it, in view of
the conditions under which it was exhibited
by Pearce.
The application for rehearing is overruled.
All concur, except DOWDELL, C. J., not sit-
ting.
—
GRANBERRY v. STATE.
(Supreme Court of Alabama. April 24, 1913.)
1. CrimmnaL Law (§ 369*) — WITNESSES
(§ 277*)—EVIDENCE—SEPARATE OFFENSES.
Where a dispute between accused and de-
eedent and a third person was followed by a
fight in which accused shot and killed the
third person, and decedent then immediately
fled, pursued by accused, who first shot at her.
and then picked up an axe and killed her about
several hundred yards from the house, where
the fight occurred, evidence of the killing of
the third person was admissible on the trial
Dec. Dig. § 277.*]
2. HomicipE (§ 173*)—EVvIDENCE— ADMISSI-
BILITY.
Where accused and decedent and a third
person had a dispute which was followed by
a fight in which accused shot and killed the
third person, and then pursued decedent and
killed her with an axe, and the jury could find
that accused first tried to kill decedent by
shooting, the gun used by accused was prop-
erly received in evidence.
[Ed. Note.—For other cases, see Homicide,
Cent. Dig. § 374; Dee. Dig. § 173.*]
3. HomicipE (§ 179*)—INSANITY AS DEFENSE
—EVIDENCE—ADMISSIBILITY.
Where accused relied on the defense of
insanity, evidence that immediately after the
killing of decedent and a third person he came
to the house of a witness, and there left a
shotgun and loaded shells with direction that
the same be given to his son, was, together
with the gun and shells, admissible to prove
accused’s reasoned conduct immediately after
the killing.
[Ed. Note.—lFor other cases, see Homicide,
Cent, Dig. § 380; Dec. Dig. § 179.*]
4, CrimrnaL Law (§ 342)—U NCOMMUNICATED
INTENT OF ACCUSED—EVIDENCE—A DMISSI-
BILITY.
A defendant may not be permitted to
state in his own behalf an uncommunicated
motive or intent with which he did the act
charged, but on eross-examination the prose-
cution may inquire about his motives or intent.
[Ed. Note—For other cases, see Criminal
Law, Cent. Dig. §§ 773, Ti4; Dec. Dig. §
342.*]
5. HomrcipE (§ 180*)—BvIDENCE—ADMISSI-
BILITY.
Accused may show that he was under the
influence of whisky and cocaine at the time of
the killing of decedent, and that he did not
know what had taken place at the time of the
killing.
[Ed. Note.—For other cases, see Homicide,
Cent. Dig. § 381; Dee. Dig. § 180.*]
6. CrmunaL Law (§ 720*)—ARGUMENT oF
CoUNSEL—COMMENT ON EVIDENCE,
Where proof of a fact is properly admit-
ted in evidence, the prosecuting attorney's
comments on the fact, and his argument in re-
spect to accused’s state of mind evidenced by
it, are proper.
{Ed. Note.—For other cases, see Criminal
Law, Cent. Dig. §§ 1670, 1671; Dec. Dig. §
7. HomicipE (§ 294*)—EVvIDENCE—INSTRUC
TIONS.
Where accused testified to his having
drank whisky, taken cocaine, and its effect
upon him at the time of the killing, and the
state showed that accused had with him at
the time whisky, and that about five hours
after the killing he was found apparently
asleep in a clump of bushes about a mile an
a half from the killing, the court must submit
to the jury the fact of accused’s intoxicatiod,
its extent and effect on his mind, and whethet
it rendered him capable of premeditation, de-
liberation, and a formed design to take life.
constituting legal malice essential to support
a conviction of murder in the first degree.
(Ed. Note.—Ior other cases, see Homicide,
of accused for the killing of decedent as a
*For other cases see same topic and section NUMLER
Cent. Dig. § 605; Dee. Dig. § 29-4.*]
in Dec. Dig. & Am. Dig. Key-No, Series & Rep’r Indexes
Ala.) GRANBERRY vy. STATE 53
8 CromNaL Law (§ $14*)—Evipence—In-
STRUCTIONS.
_ An instruction, submitting an issue on
which there is no evidence, is properly refus-
ed as abstract.
(Ed. Note.—For other cases, see Criminal
Taw, Cent. Dig. §§ 1821, 1833, 1839, 1860,
1865, 1883, 1890, 1924, 1979-1985, 1987; Dec.
Dig. § 814.*]
9. Homicrpn (§ 294*)—INnrox1caTION—EVI-
DENCE—INSTRUCTIONS.
_ Where accused relied on insanity and_in-
toxication, and the evidence showed intoxica-
tion, instructions that if the jury had a rea-
sonable doubt that accused was sufficiently
sober to form a specific intent to take life, he
could not be convicted of murder in the first
degree, and that the presumption was that he
was innocent until proven guilty beyond all
reasonable doubt, properly submitted the law
on intoxication, and did not touch on the
question of insanity and refusal to give them
was error.
{Ed. Note——For other cases, see Homicide
Cent, Dig. § 605; Dec. Dig. § 204;* Crim
inal Law, Cent. Dig. § 1830.]
Appeal from Law and Equity Court, Lee
County; Lum Duke, Judge.
Hill Granberry was convicted of murder
in the first degree, and he appeals. Reversed
and remanded.
Charge 13 is as follows: “In order for this
defendant to be responsible for the crime
with which he is charged, he must have suf-
ficient power of memory to recollect the
relation in which he stands to others, and in
which others stand to him; that the act he
{s doing is contrary to the plain dictates
of justice and right, and injurious to others,
and the violation of the dictates of duty.”
The other charges are as follows:
“(10) If from the evidence in this case
you have a reasonable doubt that defendant
was sufliciently sober to form a specific in-
tent to take life, you cannot convict him of
murder in the first degree.”
“(20) The presumption in this case is that
the defendant is innocent until the state has
Proven beyond all reasonable doubt that he
is guilty; and, if the jury have a reasonable
doubt growing out of the evidence as to
whether he was sufficiently sober to form a
specific intent to take life, then the jury
cannot find the defendant guilty of murder
{n the first degree.”
Henry K. Dickinson and John K. Watson,
both of Opelika, for appellant. R. C. Brick-
ell, Atty. Gen, and W. L. Martin, Asst.
Atty. Gen., for the State.
SAYRE, J. The defendant was convicted
under an indictment which charged that he
unlawfully, and with malice aforethought,
killed Mariah Aldridge by striking her with
@n axe.
The state’s principal witness testified that
at the time of the killing he was at the
ae ise of deceased; that defendant, deceased,
—< one Irene Spratling were also there;
hat a dispute arose between defendant and
the two women about making change for
some whisky that defendant had sold to the
women; that a fight ensued, in which de-
fendant shot and killed Irene Spratling;
that deceased immediately ran from the
room in which the shooting was done into
another room, whither defendant followed
her; that he heard a scuffle and a gunshot
in the room to which they went; that de-
ceased then filed from the house, defendant
in pursuit; that defendant picked up an
axe as he passed the woodpile; that defend-
ant overtook deceased several hundred yards
up the road, and there killed her with the
axe.
[1] Defendant (appellant) here complains
that his objection to the testimony showing
the killing of the Spratling woman should
have been sustained in the court below. De-
fendant’s objection was clearly without mer-
it. The evidence objected to tended to prove
a distinct felony committed by the prisoner,
for which he was not on trial, but it was
admissible nevertheless for the reason that
the killing of the two women constituted
the res geste of one continuous transaction.
The killing of each shed light upon the kill-
ing of the other, in that it tended strongly
to show the hostile spirit which actuated de-
fendant throughout the transaction. Smith
y. State, 8S Ala. 73, 7 South. 52; Kennedy
y. State, 62 South. 49.
[2] It is common practice, and has often
had the approval of this court, to give in
evidence the weapon with which a homicide
has been committed. The deadly character
of the weapon used tends to show the felo-
nious intent. In view of the connection be
tween the two transactions and the tendency
of each to illustrate the other, and in view
especially of the inference which the jury
may well have drawn that defendant first
tried to kill deceased with the gun, there
was no error in allowing the gun in evidenee
in this case.
[3] Laura Miller, a witness for the state,
testified that she lived within a few hundred
yards of the home of deceased, Mariah
Aldridge, and that defendant immediately
after the killing came to her house and left
a shotgun and two loaded shells with di-
rection that they be given to his boy. De-
fendant had pleaded not guilty and the spe-
cial plea of not guilty by reason of insanity.
The testimony of this witness tended to
prove defendant's reasoned conduct immedi-
ately after the killing, and was competent
in rebuttal of defendant’s theory that his
faculties were so disturbed and disordered
that he could not have entertained the spe-
cific intent to kill which was a _ material
element of the offense charged against him.
Defendant did not object to the statements
of the witness. He did, however, object to
the introduction of the shells in evidence.
But the same considerations which made the
gun admissible made the shells admissible
*For ot 2as : : i j R es
other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep'r Indexes
*1T6T-9-2 S*ety Sexttedo pesuey SyoeTq “STITH SZ UUTENVUD
—-
976 63 SOUTHERN REPORTER (Al
was first interposed, but if afterw
sed, ards, this {ers and to fix th
would merely affect the probative force of | perintendents of edavation mt the eg Re
this evidence, and would n i ti
3 _| ties of the state,” i i
iis ‘evidence, t render it in| Bn.0 04, TAS abate that each at Se
; tai . . a ki er
[4,5] The testimony of Betts that the wit- ortek te ee a
ness Wilson Berry told him of this conversa- | _[Iid._ Note.—I° othe
ae toe day Roe le yee of bolster- | Cent. Dig. §§ BAI; Dec Dig. f 1958]
‘ said witnes i
by his previous statement, and ssi oni idee sates oe oe ee
illegal. We cannot, however, put the trial Action b res PM
court in error as to the admission of this | Superint ae ack ke a eee
evidence. From aught that appears from J re ie 3 ai ari Ania coat
the record, the evidence was responsive to a Afprtsi oa. ere ae ee oe
question or questions asked the witness, and ag
such being the case, the appellant should
have objected to the question and not the
evidence after it was given. The trial court
will not be reversed for declining to exclude
evidence which was responsive, if the ques-
tion bringing out the evidence was not ob-
jected to by the appellant. 8 Mayfield’s Dig.
p. 579, § 2739. The defendant could not by
delaying objection until after the witness
had testified, speculate as to what the an-
swer might be, and then move to exclude
same if not favorable to him. Western Un- :
ion v. Bowman, 141 Ala. 193, 37 South. 493; void as in violation of section 45 of the Con
Insurance Co. v. Tillis, 110 Ala. 202 17 stitution. The act in question (General Acts
South. 672; Birmingham R. R. Co. v. Tay- 1911, p. 325) specifies in detail the duties to
lor, 152 Ala. 105, 44 South. 580. be performed by county superintendents, and
(6] Phebe wax te errd¥ tr refusing the de- provides that the county board of education
fendant’s written requested charges, desig- inky regeire the S68 Gime: of the superin-
whheit tn tun doled oe sik %- Wietnet poi tendent in discharging the duties of his office
not these charges correctly define the mental an Soe en See 35 Se compensation
condition that renders one irresponsible for 0 i salary Duets teatend of & per contimet
crime we need not decide, as their refusal disbursements. The final provision of sec-
can be justified for being abstract. See for- tion 2is: “To aid the county cipertitendent
mer report of this case, 62 South. 52. The in. Ue: Macwires OF is: dates, te cea
evidence is still insufficient to keep said board. of education may. employ wach assist-
charges from being abstract, as there was ants as they may deem necessary. These as
ae evidence an: to the defeudant’s: insanity sistants shall be paid in the same manner as
at the time of the homicide. ‘The two physi- | "NEF Feachers of the county are Paid.’ 7
cians testified as to his condition when they As declared by this court in Revenue, ete
examined him in jail nearly a year after the Commissioners v. State ex rel. Campbell, 163
killing. The witness Watkins fixed no spe- Ala. 42, 50 South. 9723 “It is unnecessary
cial time as to his observations of the de- to repeat the numerous decisions of this
fendant, except that it was while he was in court as to the objects of that provision of
Jail, and which was after the killing. There our Constitution [section 45] to the effect
is: 130 evidence showing insanity at the time that much must be left to the discretion of
of the killing, and all the evidence as to his the Legislature in framing the titles of its
condition at the time of the killing was that acts, provided that the same are not decep-
oe ade sane at said time. tive or misleading; that the requirement is
‘ The Judenient of the law and equity court at “4 bad so exactingly eterend as to cripple
i ‘ slation ; * *- and, *w Fe
Aflirmed. All the Justices concur. ject is expressed in general ue seis
which is necessary to make a complete enact-
ment in regard to it, or which results as @
McNEILL, County Supt, v. HEWITT complement of the thought contained in the
. general expression, is included in and au-
(Supreme Court of Alabama. Dec. 18, 1913.) whorls by: 30"
SrarorEs (§ 1254 —Suesrers ao ; In the present case we think it would t
| ta lean IN TITLE OF echo = tee ee apeicgtne of the constitutional
a a restriction to hold that the power granted to
326) § 2, iat Rd ay Ante pt age rss outy hoard to employ & teacher to aid
ucation to employ teachers to assist the county the ‘superintendent in the performance of
Se was fairly embraced within its duties which, in the larger counties at least,
» “An ¢ o prescribe the duties and pow-!may imperatively demand such edatetanee is
Stallings, Nesmith, Hunt & Judge, of Bir.
mingham, for appellant. J. M. Gillespie and
Cc. W. Hickman, both of Birmingham, for
appellee.
SOMERVILLE, J. The only question pre-
sented by the appeal is whether or not all or
part of the act of April 8, 1911, entitled “An
act to prescribe the duties and powers and to
fix the compensation of the county superin-
tendents of education of the several coun-
ties of the state,” is unconstitutional and
or other cases see same topic and section NUMBER in Dee. Dig. & y- ° $s & tte dexes
*K tk t d a . g. & Am. Dig. Key-No. Series & R
s p'rino
¥
Ala.) McNEILL v.
not germane to and logically comprehensible
within the general subject of the superintend-
ent's duties. The power to prescribe duties
may reasonably include the power to pre-
scribe also the subordinate means and agen-
ies which are reasonably necessary to the
-fectual execution of those duties, especially
in an act dealing with a subject so broad as
that of public education.
We cannot say that the provision in ques-
tion, latitudinous th
policy of the Constitution, and the judgment
of the trial court will be affirmed.
Affirmed. All the Justices concur.
McNEILL, County Supt., v- SPARKMAN,
County Treas.
SPARKMAN 977
8, 1911, the Legislature passed an act pro-
viding as follows (Gen. Acts 1911, p. 326,
§ 2):
“Each county superintendent shall receive
four per centum on all state public money le-
gally disbursed in his eounty not to exceed
the sum of eighteen hundred dollars for any
calendar year: Provided, if the county board
of education of any county should, by a ma-
jority vote of the board, require the full time
8
ough it be, offends the | of the county superintendent in the discharge
of the duties of his office, the said county
board shall fix his compensation on a salary
basis instead of a per centum on disburse-
ments as otherwise provided in this section,
and said salary shall be fixed at a sum not
less than one thousand dollars per annum,
payable in twelve equal monthly payments
(Supreme Court of Alabama. Dec. 18, 1918.)| in the same manner and out of the same mon-
1. CONSTITUTIONAL LAW G 0G*)--Beeos AND| eys as other teachers are paid, his name be-
ScuooL Districts @ 46*) — LEGISLATIVE) ing placed on the pay roll with other teach-
POWERS—DELEGATION TO LocaL AUTHORI
TIES.
Code 1907, § 1711, as amended
ers.”
by Act The county board of education of Jeffer-
_, - ber Nyon agi Fai 4 be gy son county have adopted a resolution requir-
escribin vi Ss od : a . £6 wn
superintendents of educationand fixing their com- | 28 the county superintendent to give his en-
tire time to the duties of his office and have
pensation at 4 per cent, on all moneys disbursed,
but providing that, should the county board, b
y| fixed his salary at $5,000 per annum, and
a majority vote, require his full time, they | pow the superintendent seeks by the writ of
should fix his compensation on @ salary basi
does not delegate to the board legislative power.
{Ed. Note.—For other cases, see Constitution-
al Law, Gent. Dig. §§ 108-114; Dec. Dig.
63:* Schools and School Districts, Cent. Dig.
92: Dee. Dig. § 46.*]
s 2
*| mandamus to require the treasurer of the
school fund to pay him the sum of $1,800
§| earned by him under the provision of section
$|4711 of the Code; his theory being that the
act of April 8, 1911, quoted above, is uncon-
2. SratuTes (§ 102*)—GENERAL AND SPECIAL | cst yti a omens aeates leg
orn LOCAL LAWS—REGULATION oF PUBLIC stitutional and void because it delegates leg
islative power to the county boards of edu-
OFFICES—COMPENSATION.
Code 1907, § 1711, as amended by Act
April | cation, and because it conflicts with section
81911 (Gen. Acts 1911, p. 326) § 2, fixing the! 9g of the Constitution which provides that
eompensation of county superintendents of ed
cation at 4 per cent. on all moneys disbursed,
but providing, though, that, should any coun
board, by a majority vote, require his full time,
=f
U-) «the Legislature shall not enact any law not
applicable to all the counties in the state,
ty
regulating costs and charges of courts, or
then the board should fix his com yensation on al :
mE § fees, commissions or allowances of public
a salary basis, does not violate Const. 1901,
6, nor section 104, subsee, 24, prohibiting the
regulating the fees
ete., of public officers, since the act was general,
not local, and the power delegated was not non-
passage of any local law
delegable.
[Ed. Note.—For other cases, see Statutes,
Cent. Dig. § 114; Dec. Dig. § 102.*]
Appeal from City Court of Birmingham ;
John H. Miller, Judge.
Mandamus by P. M. MeNeill, as County Su-
perintendent, against John W. Sparkman,
County ‘Treasurer. Judgment for defendant,
and plaintiff appeals. Affirmed.
Stallings, Nesmith, Hunt & Judge, of Bir-
mingham, for appellant. A. G. & E.
Smith, of Birmingham, for appellee.
SAYRR, J. Appellant and appellee are,
spectively, county superintendent of educa-
tion and county trensurer of school funds
Jefferson county. Section 1711 of the Code
1907 provided that, for their compensation,
county superintendents of education sho
receive 4 per cent. on all state public mon
legally disbursed by them, not to exceed
sum of $1,800 for any calendar year. April
—__
*For other cases see same topic and section NUMBERi
63 SO.—62
officers,” and is an effort to evade subsec-
tion 24 of section 104 of the Constitution, in-
hibiting the Legislature to pass any special,
private, or local law “creating, increasing, or
decreasing fees, percentages, or allowances of
public officers.”
{1] We are of opinion that, by the enact-
ment of the law in question, the Legislature
has not delegated any part of that constitu-
tional and prerogative power which is pecu-
liarly its own; it has not delegated any pow-
er strictly and exclusively legislative. It
has committed to the discretion of the repre-
sentative county poard certain matters of
detail in the administration of the education-
al system in the county. Such delegations
of an administrative power and authority
which the Legislature might itself exercise
are common and necessary in our scheme of
government, and we do not find that the act
in question transcends in this respect any
limit set by the Constitution to the pow-
er of the Legislature. This conclusion is
both the prevailing and the
State, 168
—
as
D.
re-
of
>of
uld
eys
the | supported by
dissenting opinions in Whaley y.
n Dee. Dig. & Am. Big. Key-No. Series & Rep'r Indexes
ead
PH a
ot.
ndeshgee
oats
ee Bes Oa ey es
OTS pes 5 4
7)
my
wee
% Ryiste -
4 With Wire Connection
call cao
\In Kilby Death Chair
Despite Mishaps
| +AP)-A 40-year-old father of sever
ences >
ie Men Executed
One Sits Four idiestes/
» While Officials Fumb
_MONTGOMERY, Ala, March 19
ifor mercy died early cess
Fisons tectie chat
thildren and a Negro who ey
4 a
| The two convieted muré mee
| ath calmly, despite a m ap in}
egareen Gy ofeach, =
- rene pricores Jr., a 28-year-old:
0 te
coterie tt
fii Noel Jackson Grant was’ to
wth for slaying his seco nrife. ;
ar seers =
on March 8, 1947. John.
egro, paid with his life for t
hurder of a Negro woman. nt
| Grant was mepes to the chair
a 12:05 a. m. (CST), and the switch
‘was thrown, but his executors found
ee PS
théy had neglected to connect the
current to the chair.
|| ‘The former Pensacola, Fia., paper
ill worker, breathi heavily, te
ined composed wh pe marge ns Of-
rials sfarted all over again. The
first currents of electricity entered
his bod at 12:09. Two misutes teen
rat 12:11—he was pronounced dead.
‘Grant's divorced wife yesterday
d in tears with Gov. Jan
to life imprisonment, Her se
dren, including two sets lof
‘twi were with her when 4
|. Folsom to commute his. sentence!
bought the governor's intery
RY epee sia ont) wziht) eevee
ae Ae ee
Mites este etey al bore a eres CN oa
i
i
3
salsa
it
ie
rs
*
lay
a
ghspt Sven cays:
54 62 SOUTHERN REPORTER (Ala.
also, and, besides, their production tended in
some degree to corroborate the testimony of
the witness. In this we think no error has
been shown.
{4] A defendant should not be allowed to
state in his own behalf the uncommunicated
motive or intention with which he did an
act, nor should it be called for; but on
cross-examination it is competent for the
prosecution to inquire about his motives or
reasous. 5 Mayf. Dig. p. 397, § 568.
[5] Defendant had testified that he was
so under the influence of whisky and co-
eaine that he did not know what had taken
place on the oceasion in question, as he had
a right to do. Under these circumstances
the question put to defendant on cross-ex-
amination was not improperly allowed; nor
was there error in the court’s refusal to ex-
clude the answer, even though it be consider-
ed to have been harmful to the defendant,
which hardly seems to have been possible.
[6] The killing of Irene Spratling having
been properly admitted in evidence, the so-
licitor’s comments on the fact, and his ar-
gument in respect to the state of mind evi-
denced by it, were proper, and the court com-
mitted no error in overruling defendant’s ob-
jection thereto.
[7] In substance we have already stated
defendant’s testimony in regard to his having
drank whisky and taken cocaine and its ef-
fect upon him at the time of the killing.
Evidence for the state went to show that de-
fendant had with him at the time a sack
containing several bottles of whisky, and
that about five hours after the killing de-
fendant was found apparently asleep in a
clump of bushes on the side of the road
about a mile and a half from the scene of
the tragedy. This evidence made the fact of
defendant's drunken condition, its extent, its
effect upon his mental operations at the time
of the killing, and whether the intoxication
rendered him incapable of premeditation, de-
liberation, and that formed design to take
life which constitutes legal malice, proper
subjects of inquiry, and gave the defend-
ant the right to have the jury instructed
as to the law of such cases. King v. State,
90 Ala. 612, 8 South. 856.
[8] Charge 13, refused to the defendant, is
framed in the language of Chief Justice
Shaw of Massachusetts, quoted with approv-
al in Beasley v. State, 50 Ala. 150, 20 Am.
Rep. 292. In defining that insanity which
sullices to excuse crime it is safer at this
day to follow our later decisions. Parsons
y. State, 81 Ala. 577, 2 South. 854, 60 Am.
Rep. 193; Parrish v. State, 189 Ala. 16, 36
South, 1012. But in this case it is unneces-
sary to go into the question, for the rea-
con that there was no evidence that de-
fendant was afflicted with a disease of the
mind. The charge was therefore abstract.
{9] The other two charges requested by
defendant were intended for application to
that phase of the case made by the testi-
mony tending to show defendant's drunken-
ness, and were relevant statements of the
law involved in that testimony and the plea
of not guilty. They did not touch upon the
question of insanity or mental disease. They
were not calculated to produce in the minds
of the jury any confusion in respect to the
different issues raised by the different pleas.
They correctly stated the Jaw, and should
have been given. Morrison v. State, 84 Ala.
405, 4 South. 402; King v. State, supra.
Whitten v. State, 115 Ala. 72, 22 South. 485.
For the refusal of these charges the judg-
ment of conviction must be reversed.
Reversed and remanded. All the Justices
concur, except DOWDELL, Gc. J., not sit-
ting.
SHACKLEFORD y. WILLIAMS.
(Supreme Court of Alabama. May 1, 1913.)
1. PaRTNERSTTIP (§$55*)—LIABILITY TO THIRD
PERSONS—EVIDENCE—SUFFICIENCY.
In an action by a dealer who had fur-
nished supplies upon credit, evidence held suf-
ficient to sustain a finding that a partnership
existed between the defendant and another
for the prospecting on coal lands under lease,
and that the defendant was therefore liable
for debts contracted by his partner for that
purpose.
{Ed. Note.—For other cases, see Partner-
ship, Cent. Dig. §§ 75, 78, 79, 81; Dee. Dig.
§ 55.*)
2 ParTNersuip (§ 132*)—LIABILITY, 10
TurRD DPERSONS—RESTRICTIONS ON Part-
NER’S AUTHORITY.
Where it was agreed between partners
for the prospecting of certain coal lands that
the expenses should be defrayed solely out
of a fund deposited in a bank for that pur-
pose, and no_ liability incurred beyond that
amount, such an agreement, though binding
between the partners, did not relieve a part:
ner from liability to a dealer who had fur-
nished supplies upon credit, relying on the
fact of the partnership, since as to third per-
sons the apparent, and not the real, agreement
controls.
{Ed. Note.—For other cases, see Partner:
ship, Cent. Dig. § 196; Dee. Dig. § 132.*]
3. PaRTNERSHIP (§ 56*) — HOLDING OvT As
PARTNER—EVIDENCE—SUFFICIENCY.
In an action by a dealer who had furnish-
ed supplies to coal prospectors, evidence held
to show that the parties held themselves out
to the public as partners, SO as to make them
liable as such, even though there was no ac:
tual partnership agreement between them.
{Ed. Note.—For other cases, see Partner:
ship, Cent. Dig. § 80; Dec. Dig. § 56;* Ac
count, Action on, Cent. Dig. § 72.)
4, PARTNERSHIP. ($ 15*)—SuBJECT-MATTIER—
PARTICULAR TRANSACTION.
A partnership may exist as to a particu
lar transaction only, in which case the rights
and liabilities of the parties are limited t
that one transaction.
fEd. Note.—For other cases, see Partner
ship, Cent. Dig. § 2; Dec. Dig. § 15.*]
5. PARTNERSHIP (§ 189*)—AUTITORITY oF
PARTNERSHIP TO BIND FrRM—SCcOrE.
Partners have a mutual authority to bind
each other by contracts relative to the part-
*For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep'r Indexes
Ala.) SHACKLEFORD
nership business, if made within the scope of
the business and without fraud on the part
of the other party to the contract.
[Ed. Note—For other cases, see Partner-
ship, Cent. Dig. §§ 206-211, 218, 240; Dee.
Dig. § 189.*]
To show the scope of business of a part-
nership, evidence of the common, usual deal-
ings of persons engaged in the same business
{Ed. Note.—For other cases, see Partner-
ee Dig. §§ 419-425; Dee. Dig.
- i.
Appeal from City Court of Birmingham;
ll. A. Sharpe, Judge.
Action by Albert Williams against W. C.
Shackleford. Judgment for plaintiff, and de-
fendant appeals. Affirmed.
Cabaniss & Bowie, of Birmingham, for ap-
pellant. Thompson & Thompson, of Birming-
ham, and Cassell & Harris, of Harriman,
Tenn., for appellee.
MAYFIELD, J. The only question pre-
sented for decision or discussed in brief on
this appeal is whether or not appellant is lia-
ble as a partner of one B. A. Treat, a third
party to the suit. Neither Treat nor the al,
‘eged partnership, the Treat Coal Company,
is sued.
This case was tried by the court without a
jury, and resulted in a judgment for plain-
tiff (appellee here) in the sum of $2,144.50.
The sole assignment of error is the rendi-
tion of this judgment.
ii} The undisputed facts were that plain-
tif! was a merchant, doing business at or
near Harriman, Tenn.; that there had been
undertaken certain prospect work upon coal
land, near Harriman, known as the Old Em-
‘ty Gap mine; that this work was being
dene by parties operating under the name of
the Treat Coal Company, and was conducted
and managed by B. A. Treat; and that the
plaintiff, as such merchant, sold goods to
said alleged partnership or firm, and cashed
orders issued by such firm to its employés,
under an agreement with B. A. Treat, by
which the firm was to have a discount or
rebate of 10 per cent. on the amount of such
dealings.
{t is likewise undisputed that defendant
‘appellant here) was interested in the pros-
recting of such coal lands, and was co-op-
erating with Treat in the matter; that prior
to this time the two had been frequently in-
terested in prospecting certain eoal lands in
Alabama; that they together had acquired
eollands in Alabama, and jointly formed or
;Tomoted a corporation which developed such
lands, and mined and marketed the eoal
refrom; and that they had jointly under-
taken to prospect, purchase, and develop the
vods in Tennessee, known as the Old Emory
Sap mine. They agreed, in effect, that if the
y. WILLIAMS 55
lands proved satisfactory they were to either
lease or purchase the same, and then pro-
mote a corporation which was to operate the
mining business. This corporation was to
acquire the lease or the lands, depending up-
on whether the joint efforts of the promoters
resulted in a lease or a purchase of the lands
in question.
The appellant denies, however, that he
agreed to lease the lands, but states that he
agreed that in the event the prospecting
proved satisfactory they would purchase, and
then promote a corporation to purchase the
lands and operate the business of mining
and marketing the coal therefrom.
The project was never consummated; but
the debt in question was incurred, and the
prospecting work, which was a condition
precedent to the lease or purchase of the
coal lands, was undertaken and prosecuted
for some time.
It is admitted that it was agreed between
Treat and appellant that a lease of these
lands should be obtained, for the purpose of
prospecting the same, with an option to pur-
chase, if the lessees desired, after this pros-
pecting, and that if the purchase was desired
and made Shackleford, the appellant, would
nance the proposition by advancing the
oney necessary to purchase the lands and
organize the corporation. This lease for
prospecting purposes was made, and the debt
sued for was incurred in promoting this pros-
pecting, though it is claimed by appellant
that it was without his knowledge or con-
sent.
Appellant contends that it was agreed be-
tween him and Treat that this prospecting
work could and should be done on an expen-
diture of $2,000, and that they provided this
fund with which to defray the costs and ex-
penses of the prospecting work, and that the
money for this purpose was placed in the
bank for this purpose, and that Treat had
no authority to get credit for other expenses.
It is undisputed that this business was
carried on under the name of the Treat Coal
Company, and that Treat and appellant were
the only persons interested in the alleged
partnership or firm, and that the business
was conducted and carried on by B. A. Treat
under this firm name. There was no written
agreement of partnership, nor express agree-
ment that Treat and Shackleford should
share in the profit or loss of the undertak-
ing; but all the evidence, disputed and un-
disputed, shows @ condition and status of
affairs, and a relation between these two
parties, as to this particular undertaking,
from which the jury or the court trying the
facts might infer the existence of a partner-
ship, and consequently a& liability on the part
of the defendant to pay this debt due the
plaintiff from the alleged partnership.
{2] One of the main and strongest reasons
urged by the defendant why he should not be
*Fot other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
ss,
A A I, Ae EY
974 ; 63 SOUTHERN REPORTER (a!
vey land. There was judgment for plaintiff,; purchase or redeem the property under ti
and on motion of defendant the judgment|terms of the agreement. This transacti
was set aside, from which order plaintiff ap- | operated as a sale of the property to the ¢
peals. Aflirmed. fendant by the plaintiff, with the right;
See, also, 61 South. 286. repurchase the same upon payment of t
amount credited on the mortgage, as t
consideration of the deed, with the inter
thereon, and not as a mortgage or securi
for the debt. Its manifest purpose was:
do by contract precisely what the law wou
do for them, to wit, foreclose the mortgaz
and preserve the mortgagor’s right to nr
deem. Stoutz v. Rouse, 84 Ala. 309, 4 Sout!
170; Goree v. Clements, 94 Ala. 337, |
South. 906. The parties could no doubt har
contracted for a longer period than tw
years for the redemption or repurchase ¢
the property, but as they did not do so, an
as they fixed no definite time, the contrac
The pleas were a subsequent agreement be-
tween the parties to sell the land for as
much over $2,500 as possible, the bank to re-
tain $2,500 in payment of its debt, the bal-
ance to go to plaintiff, and that after repeat-
ed effort, the land could not be sold for more
than $2,500, and that defendant was in-
formed of this fact and expressed the satis-
faction. The other pleas were that the ten-
der was not made within a reasonable time,
and not until after land had been sold by
defendant, and plaintiff informed and ex-
pressed his approval thereof.
Ala.)
‘eed breach, and which was available under
eS,
975
GRANBERRY v. STATE
Hill Granberry was convicted of murder
in the first degree, sentenced to be hanged,
. 3 F. t, a]
i js af-| and appeals. Affirmed.
eee See, also, 62 South. 52.
The following are the charges referred to
in the opinion: .
g f the jury,
yDE AYFIELD and} ({) I charge you, gentlemen 0
® GE ANTE: ‘RIED sa, pac Sat fs order for this defendant to be re-
eT : sponsible for the crime with which he is
charged, he must have had sufficient pow er
of memory to recollect the relation in —o
GRANBEREY.¥. vaca he stood to others, and in which i
3 © 79g oti
(Supreme Court of Alabama. Dee. 18, 1913.) stand to him; that the act he was doing
1. Crrnar Law (8 625*)—INQUISITION AS) as contrary to the plain dictates of Jus
r t (4 ’ seret e ig injuri 2TS and a vio-
Sg rial cour has ‘a dise ion, under and rik ht, and ap BE LOeS to nen ’
Code 1807 “S 7178 as ‘to granting defendant’s lation of the dictates of duty.
7 3 s a
sess is san- oe centleme the jury,
motion to execute an inguisition as to his sam-) «(7 J charge you, eI Sieice ‘tiet
ity at the time of the trial. Criminal that if you believe from oF ae “eae
[Ed. Note.—For other T3508: sec ‘Dig. §| defendant was not in possessiolt se
Law, Cent. Dig. §§ 1892-1398 ; . his reasoning faculties at the time o
the general issue.
The judgment of the c
firmed.
Affirmed.
George A. Sorrell, of Alexander City, for|can only be upheld by fixing a reasonab!
appellant. James W. Strother, of Dadeyville, | time for its performance by the operation ¢
for appellee.
law, and which seems to be two years fro:
date of sale in cases analogous to this one
Alexander v. Hill, 88 Ala. 487, 7 South. 23:
ANDERSON, J. [1] The contract or agree- , i
ment, for the breach of which this suit was| 16 Am. St. Rep. 55; Comer y. Sheehan, *
brought, is an obligation by a mortgagee to
Ala. 452; LEzzell v. Watson, 83 Ala. 120,:
reconvey certain real estate previously mort- seeth. 309; Stephenson v. Harris, 153 Ak
gaged to the defendant by the plaintiff. The 462, 45 South. 196.
plaintiff having executed to the defendant a
deed to the property, in payment of the
mortgage debt, after the law day of the
mortgage, and for the evident purpose of
avoiding a foreclosure sale of the property,
and contemporaneous with said conveyance,
the defendant executed the agreement in-
volved, authorizing plaintiff to repurchase
the property for the same amount expressed
as the consideration in the deed, and interest
thereon, but no time limit was put on the
agreement as to when the plaintiff should
or could repurchase. It is a well-settled
rule of law that when no time of perform-
ance is fixed in a contract, it will be pre-
sumed that the parties intended a perform-
ance within a reasonable time, and what is
a reasonable time will be determined by the
nature and extent of the undertaking and
the particular circumstances surrounding
the parties when the contract was made.
Griffin vy. Ogletree, 114 Ala. 343, 21 South.
488; Wolfe v. Parham, 18 Ala. 441; 2 May-
field’s Dig. p. 776.
{2] It is evident from the undisputed facts
connected with this transaction and the sur-
roundings of the parties that the deed from
the plaintiff, the mortgagor, to the defend-
ant, the mortgagee, was for the purpose of
avoiding a foreclosure sale of the land under
the mortgage, and that the obligation in
question was made and intended solely for
the purpose of preserving such rights as the
plaintiff would have to redeem the property
in case it had been sold under the power,
and, this being true, we think, the law fixes
two years as a reasonable time within which
the plaintiff had to exercise his right to re-
[3] What is a reasonable time, when ni
time is fixed by the contract, is sometimes:
question of fact for the jury, and sometime
a question of law. Where it depends upo
facts extrinsic to the contract, which ar
matters of dispute, it is a question of fact
when it depends upon a construction of ¢
contract in writing, or upon undisputed er
trinsic facts, it is a matter of law. 2 May
field’s Digest, p. 776, § 377. Im the case 2
bar, the determination of a reasonable tim
is one of law, and was two years after the
conveyance of the property by the plaintif
to the defendant in payment of the mortgage
debt.
(4, 5] The plaintiff, in order to recover in
this case, had to show a valid and subsisting
contract between him and the defendant, at
the time he claims to have made the tender,
for if there was not a subsisting contract.
there was no breach for which he could re
cover; and, as said alleged tender was net
made within two years of the making of the
agreement on the part of the defendant, the}
contract had terminated and was of no bind
ing force when the tender was made, which
was nearly four years afterwards. The de
fendant was therefore entitled to the general
charge, which was requested and refused. *
and the action of the trial court in setting +
aside the judgment for the plaintiff and it
granting a new trial can be justified upet!
this ground alone, if not upon other grounds
contained in the motion. This point was
not a question available only by a plea of the
statute of limitations or laches, but went te |
the substantive right of the plaintiff to re
cover; that is, to show that he had a valid
and binding contract at the time of the al
625.*]
2, CRIMINAL LAW & ae
RY OF CoUNTY—EVIDENCE. _
“ On the question whether the gorge ba
committed within a quarter of a mile of the
alleged murder, you cannot convict defendant
. ”
of murder in the first degree.
HWenry K. Dickinson and John K. Watkins,
- “ick
between two counties, SO as, under C ’ oth of Opelika, for appellant. R. C. ricK-
= der (¢ ode 1907 b = B *
§ 9, to give either jurisdiction, one not a ell Atty. Gen and W L. M artin Asst. A t
surveyor, and who did not see the line sur- Gen., for the State.
i rs gen-
‘ay testify to what was for years &
a ig and considered as the at = ;
that deceased’s body was lying 125 to 100 y
from the line.
ANDERSON, J. [1] The trial court had
a discretion, under section 7178 of the Code
[Ed. Note—For other, cash, | i Criminal of 1907, as to granting the defendant’s mo-
Law, Cent, Dig. §§ 976-983; Dee. Dig. § 421.*]
tion to execute an inquisition as to his men-
3. CarnmnaL Law (§ a2) ~~ tal status at the time of the trial.
t E.
SNDANT—EVIDENCE OF PRETENS ~
is tending to show that defendant’s in
(2] There was no error in permitting the
ma testi y dy of the
san as ere p tify ritness Betts to prove that the body
i yw ly retended. 9 ne y wi i ty
to re ancentes heard by “him, between de- deceased was lying on the Chambers coun y
ying that
and a doctor as to playing crazy tha
rages 8 be sent to an asylum ; the fact, Fa
be one, that this was after interposition ¢ be
plea of insanity merely affecting the probative
force of the testimony. ee
rimin
Ed. Note.—For other cases, See a
ts Cent. Dig. §§ 894-917, 919-935; Dec. Dig.
§ 412.*] aati
4. Wi1TNESSES (§ 414*)—CorROBORATION—UO
PETENCY—PRIOR STATEMENTS. : %
B.’s testimony as to hearing a certain co
yersation may not be supported by grag
of another that B. had previously to
such conversation. J
Y Witnesses,
Ed. Note.—For other cases, see as
Gar Dig. §§ 1287, 1288; Dee. Dig. § ghd
F 0 .
. NAL LAw (§ 696*)—FAILURE _T!
Nee ee QuESTION — MoTION TO EXCLUDE
/ESTIMONY. .
ay, though not competent, ae
Tesponsive to a question not objected to, is no
subject to motion to exclude. ees
Ed. Note.—lor other cases, se ni
oa Cent. Dig. §§ 1639-1644; Dec. Dig. §
696.*] :
6. Crrmmat Law (§ 814*)—AnstRracT 4N-
8STRUCTION—INSANITY AS DEFENSE. |
Requested instructions as_to insanity, as
defense are abstract, there being no testimony
of his being insane, except a year, or a time
not specified, after _ act. <- edawal
: Note—lor other cases, — c ina
in car he &§ 1821, 1823, 1839, 1860, 1865,
ISS3, 1890, 1924, 1979-1985, 1987;- Dec. Dis.
§ 814.*]
Appeal from Law and Equity Court, Lee
County; Lum Duke, Judge.
eter
*For other cases see same topic and section NUMLER
side, 125 to 150 yards from the county mi
between Lee and Chambers counties. * e
witness did not have to be an expert surv a
or or see the line surveyed in order to te
where the line was between the two poke
ties. He testified to what was generally
known and considered as the line for —
and, whether his testimony as to _ =
line is was technically accurate or not, i
was sufficient to make out a prima facie
case that the homicide was committed e
near the county boundary as to make
within a quarter of a mile of Lee county, ~e
to make it doubtful as to whether _ (0) >
fense was committed in Lee or ps wrt
county so as to give either ae oa
tion under the terms of section T229 0 the
Code of 1907. This applies to the anpcoaage
of Duff Wallace also as to the location 0
xilling.
aha oe was no error in permitting the
state to prove by the witness W tisom epi
the conversation heard by him betw -— ’ "
defendant and Dr. Lightning as to st
|erazy in order to be sent to Mt. V mio —
not ‘get hung, and that defendant said .
would do so. This was @ circumstance tend-
ing to show that the insanity was pretended
and not real. ‘The record does not disciose
when this conversation occurred, that is,
whether before or after the plea of insanity
in Dec. Dig. & Am. Dig. Key-No. Series & Kep'r Indexes
Pe RLS hoor
4
Rs.
4
Bs
4
pee
Fy
=o
Pansat
EEE:
wf
-
na
Pa Oe ES
a Ss
as
be a om RE LOE Bt ET ST ly Ne Trl as ET
oe AO | aaaalle
GRANBERRY, Hill, black, hanged Opelika, Alabama, F,bruary 6, 191k.
"OPELIKA NEGRO IS HANGED FOR MURDER, = Opelika, Alae, Feb, 6, = Hill Granberry, a
negro, was hanged here today for the murder of Maria Aldridge and daughter, Arlana,
two years ago, Granberry had been sentencede to death three times, In two instances,
appeals were taken to the S,ate Supreme Court," ADVERTISER, M,ntgomery, Al, 2-7-191h (7/6.)
made his way back to the road:
“Mother!” he screamed. shrilly.,
‘
ae ng * ‘.
a) ry
4
These words by an
abandoned and terrified child
touched off an Alabama manhunt
for a ruthless murderer
“They went that’ta way,” the boy said,
pointing south on Highway 31 toward At-
more, Alabama.
“They? Whoe”
“Mother and Daddy Noel.” He scram-
bled into the car, settled between them.
Realizing that he was suffering from ex-
posure, the men moved closer to him so
that the warmth of. their bodies would
shield him. He was a friendly little fellow,
seemingly bright for his age, which he in-
formed them was “going on seven,” and
cheerful enough considering his condition
and predicament. As they drove, the men
learned his name was Richard Alvin
Gooden and he was a first-grade student,
but the name of the school he had for-
gotten.
“I’m Mr. Wicker from Mobile,” the
taller man who was driving told Richard.
“Do you know where that is?”
“Uh-uh. That's way away from here.”
“Richard,” Floyd began slowly, deliber-
ately choosing his words, “why did your
= leave you there all night by your
self?”
“I don’t know but Daddy Noel was
mad.”
ow
ha A
~ ae)
a
“Why was your daddy mad at you?”
“He isn’t my daddy. He’s my step- -
daddy,” the boy corrected, “He took
us out for a ride, Mother and me,
and we rode a long, long time, and
then we went to the beach and I
played in the water and then we rode
some more until Mother got cold.
When I wanted to see her and cover
her up, he got mad at me.”
“But why couldn’t you see your
mother? Where was she?” Wicker at-
tempted to piece the bits of the child’s
conversation into a pattern that would
help him to understand.
“I don’t know.”
Stopping at each farm house
brought no further light to the child’s ©
parentage. No one had ever seen him
before.
“We're almost at Atmore,” Floyd re-
marked, drawing his companion’s at-
tention to the boy’s drowsiness. “Don’t
you think we ought to turn him over
to the police there and let them find
out where he lives? We. have to be
on our way or we'll never get where
we’re going. I can’t make hide nor
hair of his story. Bet you he’s run away
and is using his imagination.”
Wicker nodded. “Maybe the police
have a report on him already. By golly,
if I had as fine a boy as this I’d want
to know where he was.”
Chief of Police A. H. Brown met
the trio at the front door of his frame
cottage, holding a cup of black coffee
in his hand.
“Come in, come right in,” the gray-
headed police chief invited gently.
“What can I do for you?”
“Fellow at the filling-station at the
edge of town told us we'd probably
find you at home this early in the
morning. Hope we didn’t disturb
you.”
“Not at all. Some people here don’t
even know I have an office.” he
laughed. “When you need a police-
man you can't wait for high-falootin’
office hours. Venture to say I’ve done
more business right here in this room
than down at the jail.”
“You see, we're on our way to
Pensacola and we have to be there for
an early appointment,” explained
Floyd. “We came across this boy here
down by the Perdido River, wet like
this. He said he’d been there through-
out the night and that his step-father
left him there, all alone. We've tried
to find someone around the river dis-
trict who knows where he belongs but
no one ever saw him before. Maybe
you know something about it. Have
they reported his disappearance to
your”
“IT haven’t heard a word, but maybe
I'll be contacted later.” The chief
patted the youngster’s black head, felt
the dampness of the boy's clothes and
led him to a red-hot pot-bellied stove
over in one corner of the room. “Say,
this boy’s near frozen,” he said to the
other men. “Here, come closer to the
fire, son, and get warm. I'll dry you
with this turkish towel, and I think
Kenny’s coveralls will fit you just
about right.” The chief held up some
blue dungarees that lay about on the
floor where, he explained, his grand-
child had thrown them off after a busy
day of playing.
When Richard was dressed in the
coveralls and a pair of furry bed-room
slippers he fell across the divan and,
wearied by his experiences, slept.
After Wicker and Floyd gave the chief
a detailed explanation, they left to
continue on their journey.
Richard slept until noon. After he
had eaten, the chief quietly ques-
tioned him, seeking some small bit of
information that would help locate
sthe child’s parents. Having children
and grandchildren of his own, Chief
Brown pictured the frustration of the
boy’s mother and the helplessness of
his father at the long absence of their
son.
“Richard, I want you to think of
everything that happened yesterday—
tell me everything from the time you
got up to when your step-father left
you at the bridge.”
“Well, we got up early and we.went
out for a ride in the country. We
drove this way and that and we didn’t
stop until lunch. Then we had a sand-
wich and we rode some more.” The
youngster’s speech came slowly as he
frowned in recollection.
“Then we came to a pretty beach
with lots of water around it and I
asked Daddy Noel if I could go in
-swimming and he said I could. When
we started back home, I went to sleep
on the back seat and my mother woke
me up when she kept trying to tell
_Daddy Noel that she was cold and he
wouldn't listen. I begged him to let
me see her but he wouldn’t until we
came to the bridge. We even stopped
to get something to drink and some
gas at a filling station and Daddy Noel
got mad cause Mother kept telling
him she was cold and he drove off
without anything. He was real mad
and when he got out to cover her up,
he threw me off the high bridge in
that cold water and then drove off
real fast. See, here’s a bump where he
hit me.” He showed his head behind
the right ear, to the kindly police offi-
cer. There was a bump and it was
covered with dried blood.
The chief frowned. “He pushed you
off the bridge?”
“Yes. And if you take me back I'll
show you right where.” Richard's
voice sounded of bitter indignation,
ready for any dispute to his statement.
The officer, anxious to investigate
the scene, reported into his office. He
sent out a broadcast of the boy’s de-
scription and whereabouts, then
began the seven-mile drive to the
Perdido: River Bridge.
As soon as the bridge loomed into
sight, the boy yelled: “That's it. Right
there by those last posts on the other
side of the road is where he pushed
me over.” Richard motioned for the
officer to follow him down the em-
bankment, when they. had stopped
alongside of the bridge, and showed
Chief Brown where he had spent the
long night. Small footprints in the
sand along the narrow beach indi-
cated how the boy had wandered
about in the darkness, The chief mar-
veled that the prints were so close to
the water's edge without the child
pac (yi back into the swift running,
swollen river. The only way the po-
liceman could understand the boy's
survival was that a wave must have
pushed Richard in toward the shallow
part of the river after landing in the
water.
On the roadway tracks were still
apparent where the boy’s step-father
had pulled his car off of the road.
“He drove that’ta way.” Richard
pointed in the direction of Bay Min-
ette, Alabama.
Searching the highways and cut-
offs for the rest of the ten miles to Bay
Minette, the two became _ better
acquainted, But the effort to shed some
light on the disappearance of the
youngster’s parents bore no fruit, nor
could the boy remember anything that
could be used as a key to the mystery.
Just before they entered the county
seat, Richard fell into a curious si-
lence. Brown knew the boy was try-
ing to think of something so he did
not disturb his thoughts. After awhile
the youngster said, suddenly:
“I think Daddy Noel shot my
mother in the back of the trunk.”
Brown silently pressed his foot hard
against the accelerator. When he
braked in front of the Baldwin County
Court House at Bay Minette he
rushed up the steps to send out a state-
wide alarm for the boy’s step-father. . .
At 1:30 the Sunday evening of
March 9, 1947 Patrolman O. L. Mur-
phey of the Alabama State Highway
Patrol received an excited call that the
body of a woman had been found
buried in the sand of the gulf beach
about six miles northwest of Fort Mor-
gan, Alabama.
Orvie Ewing, who lived not far from
the scene, had been walking along the
beach, in deep thought of the enjoy-
able dinner he had just completed
with his family, when he noticed an
object sticking out of the sand. It
looked as though a human hand had
grown there with beckoning fingers.
Thinking how shadows made gro-
tesque features of innocent objects,
he was about to pass by without going
further toward it; but the force of
uncertainty and curiosity caused him
to investigate. Walking closer, he
knew it was no innocent object. It
was a human hand. Now he could see
more than the hand; the chin and nose
and the
visible, |
mound.
way bac
“Hone
his wife
let the |
somethi
think it
down
Bay Mu
see not
Patro
jJ.T.M
Stanley
met the
them to
It wa:
of the fz
where t
away. 1
the dun
poised ;
Th
body ju
“My
Ewing
“Yep.
sure she
her. Lc
Patrick
“One
isn’t th
comme
vestigat
beach.
the gr
around
on the
The
Nelson
examin
mated
time th
woman
thirties
wound
was the
for a
tion.
Que:
familie
anythi)
cance }
two we
t's it. Right
1 the other
he pushed
ced for the
n the em-
id stopped
nd showed
1 spent the
nts in the
each indi-
wandered
chief mar-
so close to
the child
t running,
ay the po-
the boy's
must have
he shallow
ling in the
were still
step-father
e road.
Richard
Bay Min-
s and cut-
iles to Bay
| le better
shed some
‘e of the
fruit, nor
thing that
| € mystery.
| 1€ county
| urious si-
y was try-
so he did
ter awhile
y:
shot my
unk,”
foot hard
Vhen he
n County
nette he
uta state-
father. ..
ening of
L. Mur-
Highway
| that the
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‘ort Mor-
far from
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om pleted
ticed an
sand. It
and had
: fingers.
ide gro-
objects,
ut going
force of
ised him
ser, he
bject. It
ould see
ind nose
and the fingers of the other hand were
visible, protruding through the sand
mound. Ewing turned and ran all the
way back to his house.
“Honey,” he called loudly, seeing
his wife standing at the door, “don’t
let the kids out of the house. There's
something buried on the beach, and I
think it has been murdered. I’m going
down to call Patrolman Murphey at
Bay Minette. Then I’m going back to
see nothing bothers it.”
Patrolman Murphey and officers
J. T. Mitchel, Jack Patrick and O. T.
Stanley hurried to the scene. Ewing
met them on the highway, directed
them to the grave.
It was a grotesque sight, wjth more
of the face showing in an uplifted grin
where the wind had blown the sand
away. The two hands extended out of
the dune like those of a calm pianist
poised at the start of a concert.
The officers began uncovering the
body just as the Coroner pail ap
“My God, it’s a woman!” Orvie
Ewing exclaimed.
“Yep, and someone wanted to make
sure she was dead before burying
her. Look at the bullet hales,”
Patrick observed.
“One thing sure, though—this
isn’t the death scene,” Murphey
commented after a slid: in-
vestigation of the surrounding
beach. “There isn’t any blood in
the grave except a few drops
around the neck wound and none
on the sand anywhere about.”
The state toxicologist, Dr.
Nelson Grubbs made a hurried
examination of the body. He esti-
mated that death occurred some-
time the day before and that the
woman had been in her late
thirties. There were three bullet
wounds in her body. The corpse
was then removed to the morgue
for a more thorough examina-
tion.
Questioning the neighboring
families failed to bring to light
anything unusual or of signifi-
cance happening during the past
two weeks. The only marks in the
sand near the grave were those made
by the corpse being dragged, obvi-
ously from a parked car on the high-
way. Whoever had brought the body
here had shifted sand over his tracks,
leaving no clues. The policemen re-
turned to the morgue to search for
some clue to the woman's identity. ,
Her clothes revealed nothing of im-
portance. The skirt was a plaid, the
blouse white sheer and the shoes were
of the beach variety, bearing no trade
marks. She had no jewelry on her but
there was a white mark about her
third finger, left hand indicating she
had worn a ring there at sometime.
Chief Brown was awaiting the
group as they dejectedly ascended the
concrete steps of the @ourt house
where their office was situated.
Smiling in his usual manner, Brown
greeted the men. “Howdy there, Mur-
phey. Good evening, Patrick and
Stanley.”
“What's good about it? Especially
when you have an unsolved murder
on your hands,” Stanley answered
sardonically.
“You don’t say. Who? Anybody
Richard Gooden,
above, son of the
victim, who miracu-
lously escaped death
at the hands of the
man, right (holding
head). Left, Sheriff
Wilkins Taylor,
holding the killer’s
gun, examines
trunk compartment
of the death car
where the actual
killing took place.
from around here?” the Atmore chief
of police inquired.
“Nobody we know. Only wish we
did,” Murphey said. “No, some woman
got herself all shot up and buried in
the sand at Fort Morgan.”
“When did it happen?” Brown
questioned with more interest now.
“Some time yesterday. We just
found her an hour ago,” Patrick told
him.
“Well, maybe I can help you. I
think I have someone with me who
can identify that woman. Where is
she?”
“Foley Funeral Home. Go right on
over and see, so we can get started
on this case,” Sergeant Murphey
urged.
The Atmore officer hated the
thought of having to take the boy to
view the body of a murdered woman,
even if it didn’t turn out to be his
mother. The youngster had been
through enough without submitting
him to the mental torture of identify-
ing his mother’s body, but it had to
be done.
In the morgue he led the boy into
the autopsy room. The chief led
the way over to the table where
the half-covered form of a once
attractive woman lay. The bloody
clothes that had been cut off of
her body formed a pile on the
- floor beneath the porcelain table.
Richard stared, without movy-
ing the focus of his eyes a moment
from the still form, his bottom
lip slowly falling open until
the anguished words slipped
through:
“Who done that to my mother?”
“She had an accident, son.” The
chief tried to comfort the boy
with a light, friendly tap on the
shoulder.
“Where? In the gutter?”
“No, son, but . . . are you sure
this is your mother?”
“Yes. Is she sick or is she dead?”
The boy's pleading eyes sought
the chief's.
“She’s [Continued on page 69]
we came in from
to shrivel within
been taken away
we now hustled
n into a car and
\tor’s office. News
and officials and
> room. McCune
tions from every
essed into a tight
rfully among his
vatched the scene
es silently, then
o the bewildered
| in a firm tone.
he whole story.
and I'll see you
he turned to the
u guys clear out
‘y to sleep on it
. tomorrow.”
orning, April 19,
1 to Sheriff John
truth about his
married Maude,
is his true love.
inge in him, but
f responsibility
lived with Elsie,
2 more as every
“‘ng until I was
that day we
me back here
wa gone to bed
away from her
owed me out. I
1g out a stump.
taunting me by
loved me, that
company more
id it any longer.
ap, but she just
I swung the ax
behind the ear.
as still.
leath. I went in
juiet myself by
I finally went
nd buried her.
about it until I
that if anybody
we'd pretend to
ier. I thought
od and that the
1 from George-
ly off the trail.
snooping any-
McCune went
pman and pled
murder. He
atenced to life
lla Walla peni-
peacefully all
ght, and never
that his mother
lared to be free
crime.
d the best
hars in
\SES
Sa
“My Mother Got Cold”
[Continued from page 51]
dead, Richard. She won't ever be sick
again.”
“There’s her skirt,” the boy said, not
fully understanding why it lay on the
floor. “And that’s my mother’s shirt and
shoes, too.”
Brown led Richard from the room and
went over to the desk where Dr. Grubbs
was busy writing out his report. He asked
the doctor what his examination had re-
vealed.
“After a complete post mortem I found
one bullet from a .88 pistol, apparently
the first one fired, that went into the leg,
four inches above the knee, extending
upward into the hip-bone and lodging
there. The bullet that, due to the hem-
orrhagic clotting and bruising of the
tissue around the wounds, leads me to
believe it was the second one fired into
her body, went into her stomach—entered
into the stomach muscle and stopped
there. The third and fatal one went into
the right clavicle or the center of the
shoulder blade and extended through
the breast plate to the heart, cutting
completely through the artery that sup-
plies the main artery to the heart, thus
causing almost instantaneous death. It
did not stop there showing that it had
not been fired at close range, but went
on down into the lung and through the
small of the back, stopping at the twelfth
rib. There are no signs of violence
about her except where some animal
or ‘bird nipped at her body on the
beach.”
The chief led the boy to the car and
began the ride back to Atmore. The sight
of his mother now had opened the child’s
mind to the happenings of the night be-
fore; during the trip back he filled in
other gaps of the story.
“You know,” he began, “Daddy Noel
was mean to let my mother get so cold.
Wasn't he?”
“Yes, son, but.why didn’t he cover her
up?”
“I kept asking him to but he wouldn't.
I went to sleep on the back seat after
we stopped and had a sandwich and a
coke and when I woke up my mother
was gone. I asked: ‘Daddy Noel, where's
my mother?’ My step-father answered:
‘Right here beside me.’ She wasn’t there.
I said: ‘No she isn’t. I just looked over
the seat and I didn’t see anyone. Where
is she?’”’
The man promised to show him but
kept on riding at a fast speed. They
slowed down as they neared a filling sta- °
tion. ...
The sign said Homestead Cafe and
there was a pump right in the middle of
the drive. The car stopped just beyond
it. “Ten Gallons,” said the man at the
wheel.
The attendant tried to reach the tank
but the hose just barely missed the open-
ing.
“Will you back up a little, please,” the
attendant requested.
A low mumble could be heard from the
rear of the car. The boy in the back seat
recognized his mother’s voice calling,
“Let me out.”
The man shot the car away from the
tank and the filling station, but he was
aware of the little needle’s frantic appeal
for fuel.
As the car vibrated from the fast speed,
the low moans continued emanating
from the trunk.
“I’m cold, the woman's voice cried.
“Mama’s getting cold,” the boy an-
nounced. “Let her out of the trunk. I
wan’na see her. Stop, so I can see her.”
The man’s mind began to make silent
plans. I’m going to have to shoot her
again. And now that the kid’s awake, what
am I going to do with him? I can’t have
any witnesses. Guess I just didn’t aim
right the first time. My God ... how long
is she going to keep that up! If I can keep
him in the car, I’ll finish the job right
this time. Then I'll get rid of him, some
way. I’ll keep my eyes open for a good
Spot. ...
He pulled the car into a deserted road
and stopped.
“Richard, I’ll bring your mother back
to the car where she can get warm if you
stay right here. Remember now, because
you might get run over if you get out.”
The boy anara happy to wait for
the sight of his mother.
The man went around to the rear of
the car. He opened the trunk slowly with
one hand, held the gun eo toward
the opening with the other. He pulled
the trigger the instant their eyes met.
“I love you,” she attempted weakly,
“but I’m gone.” She sluinped back into
the compartment without moving
again. :
He slammed the lid down and got into
the car just as the boy was about to open
the door to investigate.
“What was that?” Richard asked, his"
eyes blazing with excitement from the
noise.
“The car just backfired.”
“But where’s my mother? I thought you
said you'd get her out of the trunk.”
“She didn’t want to come so I put a
blanket: over her. She’ll be warm now.
You'll see. She won't ever be saying she’s
cold again.”
At the sight of another filling station,
he slowed down and stopped before the
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TRUE POLICE CASES.
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BUILDING CASE —
At Bay Minette Sheriff Taylor examines
the murder weapon and the killer's car,
summons. And there was more...
the sand-blurred outlines of a partly
State Patrolman Murphey took a’
uick, thorough glimpse around. In-
icating a parallel set of tracks up
to the body, he demanded:
“Those yours, Lee?”
The discoverer of thé corpse bobbed
frown creasing his forehead,
Murphey stared at him intently, then
asked: “How about when you found
the body? Notice any other tracks
Lee swallowed nervously as he
shook his head. “IT wasn’t thinking
to notice,” he mumbled. “First off,
I was curious as to what the gulls
were about. When I found out I just
wanted to get away, fast as I could.”
Then, as Patrolman Murphey con-
tinued to stare at him out of narrowed
eyes, Lee reddened suddenly and de-
manded in a frightened voice, “What
you looking at me like that for? You
don’t think I had anything to do with
it, do you?” .
“The body didn’t get here by itself,”
Murphey snapped. He hesitated be-
fore adding with casual significance,
“And yours are the only tracks to be
seen,” #
Tyler Lee 8aped at the officer and
' seemed about to voice another jn-
coherent protest. At that moment the
Patrolman Murphey turned to meet
the men from the Coroner’s office.
“BPE just got here ourselves,” he
explained, as he pointed out the
sand-shrouded corpse.: “T figured
not to disturb anything until you fel-
lows got here.”
Dr. Nelson Grubbs grunted a
routine acknowledgment - and knelt
down. Swiftly he began brushing
away the sand with the flat of his hand
and then with a soft exclamation
glanced up.
“It’s a woman,” he told the watch-
ing officers. It took but another
minute to Sweep away the remaining
sand—to disclose at last the corpse ,
‘to full view.
he dead woman, as nearly as could
be judged in the first superficial study,
smeared make-up and death-taut fea-
tures. She was wearing a short, knee
almost transparent white blouse. Her
legs were bare, and her feet clad with
imitation Mexican sandals.
A thin thread of dried blood ran
from one corner of her mouth, and
over the right breast a dark stain
caking the thin white material of the
blouse, marked a bullet wound.
Dr. Grubbs sat back on his haunches
for a moment, scrutinizing the corpse
with a perctiand eye. Sharply he
nation.
Eventually he Straightened and
stood up, dusting the sand from the .
knees of his trousers.
“The woman's been
dead" about Swered glumly. “Young folks come
twenty-four hours, give or take a out along here when they want a
couple,” he announced
patrolmen. “She was sh
to. the State secluded spot to fool about in. ‘Older
ot three times, folks, too. I long since learned not to
but off-hand I’d say that it was the 8O sticking my nose into what wasn’t
bullet through the breast that killed my_ business.”
her, Probably lodged in the heart— Patrolman Murphey was far from
but an autopsy will show for Sure. satisfied.
No external evidence
of a criminal “And you're certain you heard no
have to wait shots?”
examination.”
wedding ring. Further, none of the
sand swept. from the body was stained
Patrolman Murphey
“What was she shot with?”
Dr. Grubbs frowned.
guess it was a 38,” he offered at last.
HERE WAS little more that could
be done on the spot. Arrangements
were made for an ambulance to
lor. Dr. Grubbs and th
the coroner’s office departed,
And once again Patrolman Murphey
turned his attention to
How about last night?” he de-
manded. “You notice or hear any-
thing unusual going on
wife took the kids to the movies in
town,” he said. “Afterwards we come
home and went straight
“You didn’t héar or notice a car?”
Murphey persisted,
Lee shrugged. “Cars
WHERE BODY was BUR
Officers Search for clue
body was found buried in
interrupted.
“Me and the
to bed.”
come drifting
IED
$ where girl’s & :
shallow grave, aN
Pry TS Sg
Tyler
shook h
Murph
long mo:
“We'll
he warn
sand tow
Officers \
where yc
little vill:
away anc
of Police
some puz:
That w:
brought t:
ing motor
Accordi:
discoverec
standing
roadside
Bridge, sc
town.
Stoppin;
found th:
strange an
that in th:
before the «
For the
five or six
being left
But he wa
name, vagu
It was da:
was awake:
door to face
to find the
ties; Ov EN ATS
urs,” he an-
g folks come
they want a
out in. Older
learned not to
» what wasn’t
was far from
vou heard no
Tyler Lee hesitated, then once again
shook his head.
Murphey eyed him sharply for a
long moment before turning away.
“We'll be out to talk to you again,”
he warned as he started across the
sand toward the car where the other
officers were waiting. “See that you’re
where you can be found.”
O IN Bay Minette they had the
mystery of the strange corpse in
the sands.
And on the same Sunday, in the
little village of Atmore a few miles
away and in the same county, Chief
of Police A. H. Brown had a trouble-
some puzzle of his own to solve.
That was a small boy who had been
brought to his house at dawn by pass-
ing motorists.
According to their story they had
discovered the child an hour before,
standing wet and shivering on the
roadside near the Perdido River
Bridge, some seven miles outside of
town. i
Stopping to investigate, they had
found themselves listening to a
strange'and incoherent story, a story
that in that dismal and dreary hour
before the dawn, made but little sense.
For the little boy—no more than
five or six—babbled an eerie tale of
being left in the river by his daddy.
But he was vague as to his daddy’s
name, vague as to where he lived ... .
It was day break when Chief Bro
was awakened by a pounding on his
door to face the two strange men and
to find the problem of the lost child
deposited, literally and figuratively,
on his doorstep.
He listened attentively to the spotty
story, then took the shivering, whim-
pering youngster into his own home.
His first thought was that the boy
might have strayed away from one of
the various tourist camps in the vicin-
ity, and becoming lost became at the
same time frightened into incoher-
ency.
Then he remembered that there
were several roadhouses out on High-
way 81 near the Perdido River Bridge.
It was possible that the boy might
have been left in a parked car out-
side one of these places, and awaken-
ing wandered off...
But for the moment all this wus
speculation. The problem at hand was
bringing the boy out of his shivering
fright and into a normal state where
he might be questioned.
A hot bath, warm food, and a nap
seemed the logical answer. Calling on'
his women folk, Chief Brown turned
the youngster over to them. Then he
settled down at the telephone for a
routine check of the surrounding
tourist camps and roadhouses.
It took several hours to make a thor-
ough check. And when it was finally
completed, the Atmore Chief of Police
was no nearer a clue to thé wander-
ing boy’s identity.
No child had been reported missing.
AWAITING VERDICT—
The killer, left, flanked by Sheriff Wilkins Taylor, of Baldwin County, Ala.
Police disclosed a weird account of the strange events that led to the crime.
Y THEN it was late morning. Re-
luctantly, Brown had the boy
awakened and brought to his of-
fice. Carefully he began his question-
ing.
But the boy’s answers were tantal-
izingly vague and elusive. He knew
his own name—Richard Gooden—and
his age, which was six. From that
point on, however, everything had a
will-o-the-wisp quality. The boy was
certain where he lived; at first he said
Mississippi and then insisted that he
lived near by. Again he said his-
father’s name was Noel, and then
added that Noel wasn’t his real daddy.
And when it came to an-account of
how he happened to be wandering
along the highway, alone and lost in
the night, his answer was even more
confusing. ° a
His daddy had gotten ‘mad, he said,
and thrown him in the river. :
Chief Brown stared at the boy, not
quite crediting his ears.
“You mean you ran away and fell
in the river, don’t you?” he suggested
at last. ° .
Richard shook his head. .
“Daddy threw me,” he insisted with
childish firmness, and then added as
though in explanation, “He. got mad
first and hit me hard on the head.
Chief of Police Brown sighed. The
story was incredible! Absently he
placed a (Continued on. page 38)
ie
‘THE LONG SLEEP FOR THE PLAYGIRL BRIDE
CONTINUED FROM PAGE (1
gently. Sure enough,, there was an
ugly bump, the size of a hen’s egg.
But the boy could have fallen...
Patiently he started over again. This
time he heard about the boy’s mother,
who had apparently been in the car,
too. :
_-. What happened to her?” Brown
demanded. “Where was she when all
this happened?” Se
...“In the back of the car,” Richard
said. “Daddy put her to sleep.”
Chief Brown sat up sharply, then
sank back in his chair. He was ima-
gining things, the told himself sternly,
the boy didn’t know what he was say-
ing...
4 fn the meantime, he decided, the
best thing to do was wait. Doubtlessly
‘before long there would be routine
alarms coming through from head-
quarters in Bay Minette, the county
_ seat, regarding a missin,
boy.
3 Until then there was little he could
oO. ;
UT BY mid-afternoon of that March
Sunday, Chief Brown decided to
take matters into his own hands.
Consequently, he got into his car and
drove over to. Bay Minette, taking the
boy along with him. It was his inten-
tion to have pictures taken of the boy
at headquarters, to be circulated
throughout the state, and northern .
Florida and Mississippi as well, in the
hopes that some one would come for-
ward to identify the youngster. .
As Brown parked his car and started
to mount the court house steps, he
encountered Highway Patrolman Mur-
hey returning from some mission of
is own.
Brown offered a greeting, then in-
quired - automatically, “Ain’t heard
anything of folks looking for a lost
youngster, have you?” He indicated
the boy at his side. “I got me one heré
that was picked up early this morn-
ing.”
Riaecher shook his head. “At least,
our grocenas alive,” he grunted.
‘Me—I got a dead one to_ worry
about.” Then, in answer to Brown’s
uzzled look, he explained further.
““Woman found buried on the beach
-out beyond Fort Morgan.
Been shot
three times: Stranger in these parts,
and no way of telling who she is. Or
was.”
“No marks on her clothes?” Brown
asked. .
Again, Murphey grunted a denial.
“She warn’t wearing nothing much
but a fancy printed skirt and a white
blouse you could see through.”
“Mommy wore a pretty skirt,” little
Richard piped up.
- Chief Brown glanced down at his
charge impatiently, then suddenly his
_ eyes narrowed.
“Wait a minute!” he flung over his
shoulder at Murphey. Then of the
-boy he demanded slowly, “Think now,
son. What color blouse did your maw
have on?” as,
The youngster hesitated, looking
“. with wide, serious eyes up at the offi-
cer.
“White,” he said at last. “Like cob-
webs...” ‘
Patrolman Murphey and_ Chief
Brown eyed each other significantly.
Both had the same thought, which for
the moment they left unspoken. But
immediately Brown had taken young
Richard into one of the smaller offices
in the building, Murphey departed,.to
return some minutes later with a skirt
and blouse carefully draped over one
arm.
“You recognize. either of these,
son?” he asked as he spread the gar-
ments out on a table.
Richard’s glance fastened on the
brightly patterned skirt. “That’s my
mommy’s,” he announced firmly. “It’s
pretty...”
Murphey held the thin, transparent
blouse up. '
“And this?” he demanded. “Is this
like your mommy wore?”
Again the boy nodded, and then™
added in startling affirmation, “Daddy
didn’t like it. He said it was like being
nekkid.” /
Patrolman Murphey cleared his:
throat loudly, and glanced warily at
Brown. “Think we'd better take the
young one over to the undertakers?”
‘he suggested.
Chief Brown agreed heavily. “Reck-
on it would be best. He may not know
what he's saying, but we ought to be
sure...
Taking the boy with them, the men
headed out to the street and down two
blocks to the undertaking parlor
where the body of the unknown wom-
an rested.
Dr. Grubbs had not yet started his
autopsy when Murphey entered. And
in.consequence a moment later Chief
Brown ushered the boy quietly into
the room, a comforting hand resting
lightly on his shoulder. - :
Richard looked with round eyes at
the still, immobile features of .the
woman beneath the white sheet, and
then a puzzled, frightened expression
crossed his face. -
“What makes her so still?” he de-
manded of Chief Brown. “What hap-
pened to mommy?”
The police chief controlled his voice
with difficulty. “You certain that’s
your maw, son?” ' i‘
The boy nodded his head jerkily,
and then half-whimpered,. “She looks
funny—so quiet.and still...”
Brown could find no immediate an-
swer. Gently he turned the boy about ~
and drew him out of the room. .
i
O NOW the two mysteries were
united—the lost boy found in the
dark night by the bridge at Perdido
River, and the murdered woman
whose body was discovered in the gulf.
coast sands half ‘a county away. -
Yet despite this merging of the two
mysteries into one, the solution was
no nearer. .
Most important of all there was
still the matter ‘of identity to be es-
tablished.
This time, with the fact of the mur-
der foremost in his mind, Chief Brown
was even more thorough and pains-
taking, seeking every possible avenue
of information in his questioning of
the boy. :
Carefully he tried to lead the child's
mind ‘back over the immediate past,
and in time a few nebulous facts -
‘emerged. The boy still insisted that
Mississippi was his home, but then
added that recently they had moved,
He didn’t know the name of the new
place, but it was big. Bigger than At-
wey Jax
more, bigger than Bay Minette. Way
big, with lots of buildings and cars, he
finally admitted. 3
Chief Brown heaved a sigh, and
went on. The a ¢ didn’t remember
his real father. His second one, the
one he called Daddy Noel, had been
mad a lot. And sometimes there had
‘been other then around the house, he
remembered, and: his daddy had got-
ten mad about them.:
Finally the boy thought he remem-
bered his second daddy’s last name.
At least he recalled folks calling his
. mother Mrs. Grant. .
“Noel Grant,” Chief Brown said.
“Was that the name?” ;
Doubtfully the boy nodded his head.
And then, in answer to further ques-
tioning, he remembered that his daddy
drove a bus. A big bus, the kind that
people ride in.
ROWN DECIDED to let well enough
alone for the moment and went to
confer with Patrolman Murphey.
Then the two of them sought out Lt.
McDuff, of the Alabama Bureau of -
Investigation, and laid such meager
facts as they had before him.
On the face of it, there were several
_ routine poh vee that_could be fol-
lowed. Photographs had been taken
of, the dead woman; these, together
with pictures of the boy ‘Richard
would be circulated through Alabama
and neighboring states:in hopes of
more positive identification. Like-
wise, queries could be made in an at-
tempt to discover when and where
the woman had married. In this way,
other relatives might be discovered,
and they in turn might be'able to pro-
vide information as to the present
whereabouts of the man Noel Grant.
Fingerprints had been taken from
the dead woman, and these forwarded
to the F.B.L in Washington, for possi-:
*ble identification in case the woman
had engaged in essential war .work
during the past years. If so, a lead to
her family might well be uncovered.
But all this ‘was routine, even
though on the surface there appeared
‘little else that could be done. And
meantime the murderer of Mrs. Noel
Grant was still at large. .
Chief of Police Brown had a con-
stant reminder of the fact in the pres-
ence of young Richard. Undoubtedly
somewhere there were relatives who
would gladly take the boy in, but the
question was where? ;
The police chief spent every spare
moment in» repeate questioning of
the boy—inquiring about little things
such as the kind of games he played,
the children he played with, the type
of house he had lived in...
Sitting on the. veranda of the Brown
house in Atmore, the Chief asked cas-
ually, “Your daddy have a car, Rich-
ard?”
The boy nodded.
Brown glanced down the village
street. And suddenly he had a hunch.
“You know what a license plate is,
Richard?” He pointed to his own car,
parked close by. “See—that thing
there with the numbers on it.”
Richard nodded solemnly.
Chief Brown curbed his impatience
as he went on slowly, “You remember
what the ones on your daddy’s car
looked like? . Were they yellow like
e
Mrs. Geo
Howard,
mine?” !
. The §&
head. -
Brow
Florida
“Look t
be the one you’re looking for,” he an-
nounced. “Drives a bus for a pulp
and paper mill outside of Pensacola.
Name of Noel Jackson Grant.”
“Where is he now?” McDuff de-
manded. :
“Home,” the Florida sheriff said. “I
Vinette. Way figured not to do anything until I got
s and cars, he in touch with you.”
( “Pll be right over,” Lt. McDuff.
a sigh, and promised.
yt remember A moment later he was driving at
‘ond one, the high speed over the road towards Pen-
vel, had been
ies there had
the house, he
ddy had got-
ht he remem-
’s last name.
ks calling his
Brown said.
ided his head.
further ques-
that his daddy
the kind that °
+t wellenough
t and went to
ian Murphey.
sought out Lt.
1a Bureau of -
such meager
> him.
2 were several
could be fol-
d been taken
nese, together
boy ‘Richard
ough Alabama
in hopes of
cation. Like-
nade in an at-
‘n and where
In this way,
xe discovered,
ve able to pro-
» the present
n Noel Grant.
n taken from
ese forwarded
‘ton, for possi-’
se_ the wqman
ial war work
If so, a lead to
ye uncovered.
routine, even
here appeared
be done. And
vr of Mrs. Noel
a
Mrs. Georgette Brunks of Los Angeles, sobs as she learns that her T-month-old son,
sacola. Sheriff Kendricks, together
with a couple of his deputies, was
waiting for him, and together the men
drove out North Eighth Avenue to the
corner of Jackson Street.
There was a two family dwelling
there, and the officers spoke first to
Mrs. Mae Simms, the landlady. .
She immediately identified the pic-
tures of. the dead woman, Gertha
Grant, and of the boy, Richard.
“But I don’t understand!” she ex-
claimed, in. ‘puzzled distress. “What
happened? hy—Mr. Grant is home
now, sleeping.”
“We'll explain later,” McDuff
promised as the men moved towards
the stairs leading to the second floor.
Noel Grant was in bed, , sleeping.
As the officers burst into the room, he
came upright in bed and reached in- °
stinctively for the .38 on the chair
beside the bed.
McDuff moved forward swiftly and
slapped it out of his hand. . ©
* “You've used that once too often al-
ready, Grant!” he snapped. “Get up
and put your clothes on!”
Oddly, the man made no protest.
Nor did he protest when the officers
flatly accused him of murder, In a
‘ strange way he seemed almost glad to |
. get it over with, as though some un-
seen load were being taken from his
shoulders.
“I had to do it,” he kept mumbling.
“T just had to...”
Not until later, when he had been
taken back to: Bay Minette, and he
had finished the dictation and signing
of a lengthy confession, did the vague
outlines of the story appear. 4
T WAS a tragic and sordid account
that the man gave—one woven out
of the dark threads of ,suspicion
and jealousy. Rightly or wrongly, he
questioned his wife’s faithfulness—
and it was apparent that’she had only
aggravated his suspicions. tay d
Further, she had insisted on work-
vn had a con- Howard, died as a result of a beating she administered to him with her fists. +5 in taverns and roadhouses, where
on ready smiles and mild flirtations are
ict in the pres- es
Undoubtedly
relatives who
boy in, but the
nt every spare
questioning of
ut little things
mes he played,
with, the type
fn :
ia of ‘the Brown
hief asked cas-
ve a car, Rich-
vn the village
1e had a hunch.
license plate is,
to his own car,
‘ee—that thing ~
‘s on it.”
»mnly.
his impatience ©
‘You remember .
ur daddy’s car
1ey yellow like he
é
-mine?” he. asked hopefully. oe
. The boy frowned, then shook his
head.
Brown glanced down the street.-A
Florida car was approaching slowly.
“Look there,” he commanded. “Was
it like that one?”
Again the boy frowned, then his —
brow cleared. “Uh-huh,” he said with
a pleased air, and clapped his hands
as though he had won a game of some
kind. “Just like that.”
“You sure?” Chief Brown persisted.
“Sure they weré green, huh?”
Richard was sure.
HALF an hour later, Brown was
over in Bay Minette, talking to
Murphey and Lt. McDuff.
“It’s a shot in the dark,” he admit-
ted. “But we haven’t got much else
to go on, *less we just sit around and
wait for a break. And in a case like
this, I’m not much for sitting and
waiting.” .
’ ing distance o
Lt. McDuff agreed. ‘The sooner we
get started, the better.” He tapped a
- pencil on his desk reflectively, and
then started jotting down names on a
pad. “I'll get in touch with the Florida
authorities right away. We'll: check
the big towns and cities in the north-
ern part first, Poors within easy driv-
here. The boy always
said they lived near here, didn’t he?”
Brown nodded. ; :
In consequence, a new line of in-
vestigation was instituted. With the
aid of Florida authorities, the public
and private bus lines in the northern
part of the state were contacted, and
their lists of employees checked and ‘
rechecked.
It was a long and arduous process,
with the end result doubtful. |
And then a break came.
It was a telephone call from Sheriff
R. L. Kendricks, of Escambia County,
Florida.
“T’ve tracked down a man who may
sometimes a waitress’s stock in trade. -
Sometimes she was late getting home
when there was no good excuse, and
more often than not there was ‘the
smell of whisky on her breath.
The time came when Noel Grant,
tormented and half-maddened by
jealousy and frustration, could stand
it no longer. He had already tried
moving to a new locale, but the change
from Mississippi to Florida.had done
no good. me
Besides, he was away from home tod
much... Av ‘
It may be that, on that last ride, the
woman had taunted him—had flung in.
his face his inability to do anything
to curb or restrain her actions. At any
rate, while young Richard slept in the
car, he had shot her. Shot her three
times before finally a lethal bullet had
taken effect.
He had then stuffed her (wag d in the
luggage compartment at the back of
e car.
But by that time Richard had oe
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(Continued from page 76)
husband. Perhaps it had been a lover, a jeal-
ous, hot-blooded sweetheart ‘enraged that she
would not leave her husband. It was possible
that no one would have ‘heard shots in that
isolated area. But why two. shots? Spaced
hours apart? And the ride in the trunk of
some automobile? : ‘ "
Hall decided to ride back to the county
seat and see if anything had come in on the
wires. Two deputies had just returned from
an unsuccessful effort to get little Richard
Jamison to talk, in Atmore. Hall overheard
them discussing the heartbreaking story.
“What's the kid look like?” he asked.
Dark hair, blue eyes. Full mouth, a turned-
up Nose... .
The chief deputy’s sudden. hunch took on’
some solidity. The dead woman, down in the
funeral home in Foley, had dark hair and ‘blue
eyes and a tilt to the end of her nose. Hall
drove over to Atmore. The police chief drove
him to the, policeman’s “house, where the
youngster, now awake, was still lying in bed,
his eyes vacantly on the ceiling.
“How would you like to go for a ride?”
Hall asked him.
The sad eyes turned to him, empty except
for a strange wariness. :
“He'll do anything you tell him to,” the
policeman’s wife said. “But he won't talk to
you.”. f
“Come along,” Hall said gently. “Let’s get
in my car.”
The boy got up and let Hall put a sweater
on him, then followed the officer to his car.
Hall tried to chat on the way down. but it.
was like talking to a wax doll. When they
stopped in front of the-funeral home in Foley
it was late afternoon, but there was still a line
of people waiting to get a look at the woman’
found in the sandy grave on the Fort Morgan
Road beach. At a signal from Hall, a funeral
home attendant closed the door. Hall waited”
until those inside had gone, then he knelt and
tried, again, to get through to the boy.
“There’s a dead person in there, Bobby,”
he said softly. “Don’t be afraid of her. She’s
only gone. to Heaven. We just want to know
if you—if you’ve ‘ever seen her before. Just
look at her quickly and tell us.”
He took the boy’s hand and the little boy
followed him meekly. Hall led him. to the side
of the wheeled stretcher and slowly pulled the
sheet from the pale face of the woman. Robert
looked down on it impassively. The first hint
of a break-through came when his little hand
stiffened in the hand of the chief deputy, Hall
watched his face closely. The lips opened,. the
features changed to childish horror and the
eyes were suddenly alive. The high, --shrill
Scream made Hall jump. The boy tore his
Re I ie tie
hand loose from Hall’s grasp and he flung his
arm around the neck of the dead. woman.
“Mommy !” he shrieked. “Oh, Mommy!”
Attendants loosened his arms, after a.mo-
ment, and Hall picked him up and carried him
from the room. He sat him down on a sofa in
the office and’ wiped his eyes and face with
his own handkerchief. a
“Where do you.and your mommy live, Bob-
by?” he asked. “Where is your father?”
~The handkerchief fell to the floor. Hall, in
dismay, saw the same blank facade return to
.the boy’s face. The ‘eyes turned vacant, the
lips went slack. The second shock had driven
his mind back into a nothingness. Hall shook
him. a “a
“Bobby !” he called. “Listen, Bobby .:. !”
It was no use. The youngster seemed not
to hear or see him. :
But they had learned one. thing. The dead
woman was the boy’s mother; and they knew
his name was Bobby Jamison. What connec-
tion was there between her being found in the
sandy grave and him being let out of a car 40-
some miles to the north? Unless a missing per-
son’s report on the woman turned up, or
“Robert, her son, regained his senses and told
them what had happened, : the ‘bizarre case
would probably: remain: a mystery. No effort
to get the boy to talk again 'sticceeded.
They. let him rest on the sofa while Hall
consulted by phone with Sheriff Wilkins.
“Tt was. pretty -rough,” Hall reported,
“watching the kid come to life long enough to
identify his. mother. But he’s frozen up again.
Any missing women with the same name as
the kid?”
There ‘were none, the sheriff reported. He
had no. advice to give. They’d keep trying.
Publicity, Asking questions around. Someone
must era up who knew the dead woman.
[THEY tried’ to get the kid to eat, but he
turned down everything, Just pushed it
away with his hand or turned his face from it.
From time to time he shivered, as if he had just
crawled from the creek, and once in a while a
tear would run down his cheek. But no words,
no expression, :
Hall went out for supper and when he re-
.turned Police Chief E. C. Anderson, from
Prichard, neat. Mobile, was there. He’d had a
woman missing in his town and had driven
down on the chance the dead woman might be
the one. He listened quietly while ‘Hall ex-
‘plained what had been happening.
“Let me try to get him to talk,” he said.
“I’ve got.a boy of my own who’s his age. But
let me do it alone. He may associate you with
- all he’s been through.”
Hall left, closing the door, and went out to
look on the street. It had been a hard day. A
kid abandoned, a woman murdered, and the
case depending upon if, and how soon, reason
returned to the tortured mind of a little boy.
He couldn’t go back home and get some sleep.
Not with that kid’s eyes haunting him. Not
while the dead woman lay unrevenged. He
turned when Police Chief Anderson called to
him.
“He'll talk,” he said. “He’s come out of it
now. I just asked him who his playmates were
and he named a few names. He remembered.”
Bobby Jamison was crying, but he looked up
at Hall and his eyes, while full of misery and
fright, showed reason. He answered their ques-
tions hesitantly, but after a few minutes he
was talking normally.
His mother’s name, he told them, was Gertha
and his daddy’s was Noel.
“Where do you live, Bobby, in what town?”
“T dunno. I never heard anybody say.”
He knew the name of the school he went to,
but he didn’t know where it was. Anderson
gently asked him to tell them what had hap-
pened the day before.
“We went for a ride in the morning time,”
the little boy began. “We got in my daddy’s
car and we rode around all day.”
They had stopped “near some big water”
and had a picnic.
“Daddy had Mommy and me dig a hole in
the sand to bury Mommy,” he said. “We
laughed and had fun. Then we drove away.”
He was sleepy so they put him in the back
seat. His mother was sitting beside his father.
He went to sleep, finally, and when he woke
up it was dark. He could hear his mother
groaning but she wasn’t up there on the front
seat now. He didn’t know where she was. He
had asked his daddy where she was.
“Her is in the back trunk and her is all
right,’” his father said.
He wondered why his mother wanted to
ride all alone back there in the trunk. His
father pulled over to the side of the road and
shut off the engine. He could feel the car shak-
ing, he said, even after the motor was stopped.
He figured it was his mother and she was cold.
He took off his own coat and passed it up to
‘his daddy and asked him to put it on her. His
daddy said no, that Mommy was all right.
_ “I knowed she was still in there,” he said.
“I could hear her cry and say ‘Noel! Noel!
Please let me out!”
Then his father had got out and opened the
car door and told him to get out, too. He saw
the water in the creek under the bridge and
he had thought they were going to have an-
other picnic.
“Can’t Mommy come out and eat with us,
too?” he had asked.
He felt something hit him on top of the
head. 79
“Then my daddy threw me into the water,”
he said. “My mouth and nose got all full of it.”
It had been icy cold. He had reached out
and got hold of some bushes and managed to
pull himself out, but he had been under the
water a long time. pin
“J was cold. I just stood there all night long
until those men came along.”
All he could tell them about his father was
that he worked in a mill, with logs. And, for
some reason, he remembered his father’s badge
number. It was 5851. 2 R
Hall phoned Sheriff Wilkins, and deputies in
Bay Minette got on the phones. They secured
a list of all paper mills in the area from a
member of the association. The boy thought
the mill was in Mississippi. They tried the
Moss Point mill. They had no one named Noel
Jamison working for them. They phoned all ©
the mills in Alabama and Mississippi without
luck, and started on Florida. They scored at ,
Pensacola. :
“We have no Noel Jamison here,” one- of the
paper mill owners said when called at his
home. “But we do have a Noel Grant, with a
badge number 5851. I know him well. He
married a few years ago, to either a widow or
a divorcée. She had a baby boy. Her name was
Gertha—something.”
The officer repeated the last name’ the little
boy had given.
“Yes,” the mill owner remembered. “That
was her name.” . |
It was all solved except picking up Noel
Grant. Hall and another deputy drove over to
Pensacola, after making arrangements to meet
Florida’s Escambia County officers and two
state patrolmen. They arrived at Grant’s home
at 1:15, March 10, approximately 24 hours
after the boy’s mother was killed. Grant was
~
v
in bed. Awakened, startled, he denied knowing
anything about his wife’s ‘murder or his: step-
'son’s disappearance. They had left the house
the previous morning, he said; and he had
figured they had run away. He and his wife
hadn’t been getting along. a :
He was taken back to Alabama and put in
the Baldwin County jail. The state crime lab-
oratory at Mobile was brought back into the
case. Under Grubb’s direction, they proved
several things the next ‘day. Sand found ir
Grant’s old Dodge sedan matched that taken-
from the beach where the body of his wife
had been buried. Bloodstains on his clothing
matched his wife’s type of blood. Most con-
clusively, bullets fired from the 38 pistol found
in the glove compartment of the car matched
the one taken from the victim’s heart. ° o.
A final’ clue brought a confession. A 19-
year-old service station attendant at Perdito
told the officers that about midnight on March
8 a man stopped for gas at his station.
“T heard a woman’s voice coming from the
trunk,” he said, “and the’ man drove off with-
out waiting for the gas.” ;
Bass identified Grant. _
“J did it,’ Grant said at last. “Gertha was
running around with other men.”
He had taken his wife and stepchild out for
a ride-on March 8.’They had driven over to
the Fort Morgan Road and had a picnic... He
was planning, then, - just “how to get the job
done. He got a little drunk. :
“J had her and Bobby dig a hole in the
sand,” he said. “It would save me digging her
grave.” ;
There was nobody around, so he ‘took his °
pistol from his pocket and aimed at the back
- of her neck. Then he lost his nerve and put
the gun back. He told them it was time to go
Bae /
NEY
“I got the reward! Now, next week, you can turn me in as a litterbug!”
home. They got in the car and he headed back
towards Pensacola.
“Bobby .was ‘asleep in the back seat,” he
said. “Gertha and I got to arguing again. I
lost. my temper. I jerked the gun from my
pocket and pulled the trigger. She fell against
me and I got blood on my clothes. The kid
didn’t wake up. I pulled Gertha out and
- stuffed her body in the trunk. I thought I'd
hit her in the, head.”
He’d returned to Baldwin County, in Ala-
—bama, as far as Atmore, then he had headed
south, driving slowly,. wondering what to do
with her body. At that time, she must have
regained consciousness. He heard her pleading
with him to let her out. Bobby had awakened
and heard his mother and he knew, then, that
he would have to kill the boy.
LTE didn’t know, at the time he made his con-
fession, that the boy was. still alive. He
went on to say he had told Bobby to get
out of the car. He had hit him once on the
head with the pistol barrel and picked him
up and tossed him into the water. .
“J headed south. It was awful. Gertha
begged. me to let her out of the trunk. I
couldn't. After killing Bobby, I had to kill
her, now. I had a bottle and I kept sipping
at it, to keep from feeling sorry for Gertha.
I loved her, a lot.” .
As he got drunker, he remembered the hole
in the sand that his wife and Bobby had dug.
He headed for the spot. He could hear his
wife weeping, begging him to stop.
“T hurt, Noel!” she had screamed. “Please,
darling, let me out!”
He had found the hole in the. sand where
they’d had their picnic. He opened the rear
trunk, Gertha peered up at him, her face and
clothing drenched with blood. She was saying ©
something to him but.he couldn’t make it out.
He jerked her. out: of, the trunk and shoved
her towards the grave she and Bobby had
dug. She had rolled over, beside it, and
looked -up at him.
“Noel,” she had said, “I love you true. . . Bg
He had taken the gun from his pocket.
“Don’t shoot. me again, sweetheart... .
He had aimed carefully at her heart.
“Noel,” she had gasped, “What did you do
with Bobby?” ;
Actually she didn’t quite finish the word
and the “y” was a long sigh as her last
breath came out of her.
Noel Grant was tried and found guilty of
the first-degree murder of Gertha Grant and,
»
late in the spring, was taken to Kilby Prison
to await his execution, Not once did he ask
where his stepson was. Robert was taken
by relatives.
They got the electric chair ready for Noel
Grant while he waited out a last-minute ap-
‘peal, which was denied. He said, just before
he started the long walk, that he didn’t fear
death—the worst of the waiting was hearing
his wife’s voice calling for him to let her out
of the trunk. He heard it every night. It must
have been true. He was executed on March
19, 1948, a little over a year after the slaying,
and the last word that came out of him after
all that electricity surged through the chair and
hit his brain was “Gerth. . ..” a
Eprror’s Nore: The name Jamison is not
the actual name of the child who was in jact
a participant in the incidents described in this
article. The name is used to avoid-his identi-
fication with the tragic story that, it is hoped,
.may by now be buried far back in his memory.
re
sen
eee
4
es
3 Noel J white ho ; : oT r 2
se es 40, elec, Ala, SP (Baldwin) 3-19-1069)
ea e : a 1B e
Vignettes o
—— Baldwin County
History, :
ee)
ee “Ss
A DEE
SHINN
Seni
Magnolia Hotel
Foley's Oldest Standing Building
Built 1907 - 1908
-_ FF OS
g
Cat Man
A more recent incident of mystery
and murder most foul happened in
Baldwin County in the middle 1940's
briefly following World War Il, and
was one of the first mysteries very
quickly solved by the Honorable
Taylor Wilkins, a past sheriff of most
worthy note here in Baldwin County.
This incident that follows is related
basically as was narrated by Sheriff
Wilkins, and is the basis of the Cat
Man legend which terrorized or at
least perturbed many romantic
couples along the former lover's lane
which ran through the Gulf State
Park. These happenstances are as
follows:
In approximately February of
1947, Noel Grant of Pensacola but
originally of Moss Point, Mississippi,
who also had an ex-wife and seven
children in Mississippi, was riding
with his wife and stepson. He and his
wife were arguing, they had been
having a lot of trouble on and off. At
the edge of Pensacola, he hit her over
the head with a pistol and put her in
the trunk of the car. The boy kept
telling him to let his mother out of the
trunk, as she was moaning and
groaning and trying to get out. The
man driving. toward Atmore and
between Bay Minette and Atmore
Ground Perdido hit the boy over the
head and threw him in a creek. The
creek was out and shallow on the
banks. The current carried him across
to the other side without drowning
him. The man-drove on to Atmore,
turned around, and stopped at a
Station to get gas. The station
Sttendant heard the woman carrying
on in the trunk. Grant jumped in the
Ser, drove to Perdido, and shot her
twice and then drove on and got gas
@nd drove back through Bay Minette,
Fairhope, Robertsdale, Gulf Shores
@nd Fort Morgan. About seven miles
Fort Morgan, he buried her in a
shallow grave on the south side of the
hway. He tried then to wash the
trunk out. Alfred Brown, Chief of
Slice in Atmore, got the little boy
°d brought him to Bay Minette. The
boy told them of what his stepfather
had done. He told them Grant worked
for a papermill, and gave them his
badge number. They called the
papermill in Moss Point, and couldn't
get any information, as it was on
Sunday, but the badge number
checked out. Lee Calloway contacted
Sheriff Wilkins, and said that a Ewing
boy saw where a body had been drug
across the road, and thought one of
his hogs had been shot, and in
checking it out, stumbled across this
woman with both hands and her chin
out of the ground. The woman was
carried to the mortuary in Foley and
cleaned up. The boy was brought
down, and he identified his mother
and asked if they found her in a ditch.
Someone at the mortuary asked the
boy what color the license plates
were on the car. He gave them the
color, which fit Florida. They
contacted the papermill there, and
found Grant drove a truck and the
same badge number on record there.
They traced down the address, and
found Grant. He pulled his pistol, but
was covered by the law. He gave up
and went with the officers to jail.
Wilkins brought him back to
Alabama, Grant took him to the site
where he buried his wife, carried
them to Atmore, showed them the
creek and where he got gas. They
took him to jail and he gave his
statement. After seeing the boy, he
didn’t believe his wife was dead and
they told him she was in the hearse
over there. The woman's father came
and asked for his grandson. Grant
had $200.00 in his pocket and ask
Wilkins to give the boy a $100.00 bill.
The boy's grandfather said no, he
would take care of the boy, to give
the money to charity. He didn't want
him to have anything from Grant. The
grandfather carried the boy back to
Mississippi. The boy came back to the
trial and was put on the stand.
Grant's ex-wife and seven children
came and pleaded for him, but he
was found guilty and was
electrocuted.
59
There are a number of older
residents and citizens of our Baldwin
area who recall and remember
people who saw and knew or
associated with a rather handsome,
well-mannered and intelligent visitor
to the area in the early 1870's. This
gentleman posed as a doctor, and not
only practiced a successful form of
medicine, but was especially apt and
able in setting broken bones and in
digging out bullets or treating cuts
and other types of puncture wounds.
He was not only affable, but aided a
number of people in financial stress
in a most benevolent manner. The
narrator's father-in-law, George
Clifton Younce, at this writing 87
years of age, recalls stories of
kinspeople and friends of another
generation who had this personage
as a dinner guest on various
occasions. Numerous other long time
citizens of this area carry this same
information of legend and account. It
developed or eventually became
known that this good looking,
affable, benevolent person was none
other than the famous or infamous,
Jesse James. His surrey and span of
horses with his doctor's bag have
become a part of the legendary
colorful character of our community.
It seems that Jesse and, from time to
time, some of his gang, found it too
hot to live in New Orleans and
Mobile, so they sought refuge or
sanctity in this then remote
community.
—_ PR Rie, ceineriasteie
Two Negroes, Both
Convicted Of Slaying
White Persons, To Die
MONTGOMERY. Ala. Aug. 11
Two Negro men. hoth ennvicted of
- killing white persons, are sched-
uled tn die in the electrie chair at
thie Prison early tomorrow morn-
n
Rchewia’ Green. of Birmingham.
convicted for the murder of a Jef-
ferson County grocer. Thomas Solo-
mon, lost hit appeal hefore Gov.
Foisom
Green claimed insanity, He Inat
appeal “necause he talked ton in-
telligently.” |
THE OTHER DOOMED MAN...
J.C. Winters, 20. of Elmore County: |
was convicted in the sex pervert)
slaying of Clyde Peake. 15, of We-!
tumpka.
Although attorneys for the Bir-)
mingham Negro argued vigorously |
that he was insane when Solomon) —
¥ was shot in the hack and stabbed
19 times in his store on Nec. 13.)
1947, Green's conversation with the,
governor undid their efforts. After!
e got through talking, Folsom.
saic .
“The sentence of the court will
he carried out. This man may
have been crazy at one time. but
he's sane today. A crazy man
doesn't talk like that.” *
The Negron talked freeiv to the’.
governor and repeatediv tried ta,
pick flaws in the state's evidence. !
He questioned the argument. of;
Deputy Solicitor Willard MeCall |
and tried ta show that the man who).
had committed the crime would not
art like the state contended he did.
He also mentioned that he had
heen tinder observation four months |
in a mental hospital and “some-|
_thing had tn he the matter with.
‘me or they wouldn't keep me there
that long wasting up the people’ ‘|
money.
Green recalled that he had
heen given shock treatment while
at the hospital. He asked, “would
they give me that kind of treat-
ment if something hadn't been the
matter?”
The Negro also asked to have!
read a signed ronfession the state,
Introduced at bis trial and afier-|
wards told the = governor, No}
Negro could make a statement that —
straight. after he committed a
crime ©
Winters did not have ao pihlic
clemency hearing He talked for |.
ahout two minutes with Folsam ino.
his office
dia Naar ssn
Ree ee i!
t
| 12: 10 am.
Pair Of Negro Murderers Die
In Kilby Prison Electric Chair
MONTGOMERY. Ala..
day in Kilby Prison’s electric chair.
' J.C. Winters, 20, of Elmore Coun-.
‘ty, paid with his life for the sex
islaving of Clyde Peak, Jr.
| Nehemiah Green. 25, of Birming-
‘ham, was put to death for the mur-.
der, of T. C. Solomon, a Birming-
ham grocer, on Dec. 13, 1947.
Clyde Peak. Sr., was among those
‘who saw his son’s slayer bound into
the’electric chair
2. 9
WINTERS’ LAST WORDS were,
“[ hope I meet that boy in heaven.”
He was strapped into the chair at
and pronounced dead
‘nine minutes later.
' Green declined to make a last-
;minute statement, but he shook
joners before going to the chair.
Straps bound him to the chair
at 12:30 a.m., and he was pro-
nounced dead Six minutes later.
eee
Aug. 12—!
Two Negro murderers died early to..
Green practically talked himself)
into the chair at a clemency hear-
ing before Gov. James E. Folsom
Wednesday. His discerning ques-
tions tore up insanity arguments
of his attorneys.
They tried desperately
vince the governor Green was in-7
sane when he shot Solomon once
‘and then stabbed him 19 times.
WHEN GREEN FINISHED pop-.
ping questions, and answering some
himself, the governor said, “The
sentence of the coyrt will be car-
ried out. This man may have been
crazy at one time, but he is sane
today.”
A clemency hearing was not held
for Winters. He was allowed to talk
with Gov, Folsom for two minutes, |
however.
hands with other condemned pris-'
Winters was given the death sen-
tence barely four months ago after
a circuit jury convicted him of the
slaying of young Peak, 15-year-old
son of a insti i contractor.
Winter . Gai Na mes Dua ak... ah
to con-|
“
i*
oa
hast
comdeumedd jeaces
Al during
woere the bacee
their Inet night.
relatives, mimisters and tvicnids
called upon Gray in his whitewashed
eel], the furniture of whieh consisted
solely of a cot in the southeast @orner,
Flis mother, several brothers and sisters
nnd an aunt spent most of the day and
night with Gray.
Ci got up rather early Thareday
mor: and partook of a rather hearty
after Which he laid down and
slept : ile. Ile ate no dinner nor sup-
per. About 8 o’cleck Triday morning he
crumpled pieces of bread in a cup of
coffee and this comprised the extent of
his food for a whole day.) "?y.. :
When a reporter for The Register ¢n-
tered Gray's cell about 9 o'clock Thurs:
day night Gray was found sitting on the
sill of the window in the southern end
of, the room. : By his side were threo
sacks of tobaeco, two boxes of matcles,
severnl books of cigarette paper, a Lible,
an intermediatesquarterly Sunday school
book and ‘a’ box containing a looking
glass. He was attired in “a. striped
calico negligee shirt, thrown open at the
collar and rolled up to the elbows, a pair
of light gray trousers. Le, was bare-
footed and had on neither coat nor vest.
He wld the reporter he thotight that he
had smoked about thirty cigarettes that
day.
Rey. A. ’F. Owens. colored, was ‘vith
Gray and his relatives at the time.
Prayer was offered by the colored divine,
and before, leaving the cell he spoke
comforting words to the prisoner and
jis sorrowing mother. ,Gray's’ mother
said, “Willie, I have given you up to &
good God,” to which he replied, “You
couldn’t give me up to a bettwr person,”
and. added, “No, mainma, I don’t want
you to see me go down ‘to the scaffold
if it will make you give down.” Gray
then signified his intention of: speaking
n word of warning on the gallows to
young men if the spirit should move him
to do 6o.
“Can you read or write?” the reportec
asked as Gray. picked up a Bible at this
point. F
Gray said:, “I can write a little hit,
Dut it seems. like I can read the Bible
better somehow or other than I can a
biglertered book.” Then he began quot-
ing or making an attempt to,.quote cor-
-rectly, passages he had read jn the
Bible. Finishing, he added:. “I am not
* afraid of man, death or hell to-night, for
,1 am saved.” ‘
'Shortly /after midnight the following
colored ministers ‘iad arrived in Gray’s
cell. and remained with him during- the
‘night: Revs. A. C. Carter, L. lrazier,
‘d. D. Allen, W. G.- Gordon, Isaac
Stewart and Henry Kimbrough. About
2-30 9’elock religious services began in
the condemned man’s cell. - Gray joined
jn the singing with a will, and when
prayer was offered on several occasions
be either knelt by his cot or reclined with
bis head resting on his hand. About 3
o'clock an interim was taken for Gray
to drink his coffee, while he talked about
his hopes of the other world. While he
was thus drinking coffee ‘aud discoursing
his mother. had lighted her pipe and> be-
gan smoking, while his brother was sit-
‘aing on the floor iv another portion of
the cell pufling a cigarette.,
At 4:30 o'clock all were placed out-
éide the cell, except Revs. Carter and
Frazier, and Gray 6lept for twenty min-
utes, the firet’ rest he had taken since
bia nap early Thursday inorning. At
5:15 o'clock he bade hia relatives: good-
bye and began. reading the eleventh
chapter of St. Luke, said to have been
one of his favorites. As he read he
seemed solemily impressed. - ‘Then he
pul
day
took a bath and.donned his burial robea,
m BRIGHT’S
DISEASE
can be cured
+. by using
Dri, He MeLEAN'S
LIVER AND KIDREY
\ BALE
-a-The Peerless Remedy
“For Sale at Draggists, Price, $1.00 Por Bottle
THe Da. J.H. MCLEAN Meoicine Co.
5S BT, Louis, Mo,
"to ueeil,
the | rod
|
Powe
to forgit
given mine
yours, [wil
me, Tt came
its tt
hoy sin,
quickly
KUO pa;
and Pte lias for-
ne be forgave
fell you how it came to
just like Inying a fan on
your droid. bi seemed like if came ont
iy some spot. ‘The world, tite globe Js
held up by the word of God, and 60 16
that «un, the thunder, wind aud rain,
You haven't got a big man in your town
who can get off yender and aend light:
ning, Monday when I got ‘relyion, I
felt I bad it. It has been six mouths
and about three days sinve I have been
jail and L have been treated as well
as could be by Captain Reub and Cayp-
tain Ed. Tf it hadn't been , God At
mighty’s will for me to be hung, I never
would have been here, but it it» hadn't
heen his will for mé to De ehere,
wouldn't have known anything ghbout
heaven, ae was going from bad, to
worse. I feel better now than when 1
first came up here. Tam through.”
‘After Gray coveluded his talk the
song, “I’m the Child of A King” was
eung and Gray joined in the chorus.
The ministers bade Gray good-bye when
it was finished and descended to the
ground, At 6:30 o'clock Gray wae hand-
cuffed’ and lis feet were bound, while
he looked steadfastly toward heaven. A
minute later the black cap was adjusted.
At 6:38 o'clock Sheriff: Dorlan cut the
rope, the trap fell and Gray, was ushered
into eternity. The work was quickly
and well done, life being pronounced
extinet, a6 «tated at -the coutset, in ten
minutca and nine. seconds after the
rope was severed. «i The’ distace Gray
fell was seven feet. + % ‘ '
The ‘body was carried + into the. jail,
where Coroner . Hirshfield viewed | it,
after whieh it wae placed in.a coffin
by a colored undertaker and . ved
to the home of Gray's esisler, on™ Tine
and State eitrects, where it #remained
until the afternoon train left for Cleve-
jand station, when it. was taken to that
place by his mother and “buried.
Gray ie the fourth negro hanged by
Sheriff Dorlan, he having officiated at
the executions of MeNeill, Goodwin and
Norvilie, all-murderers, |. -
iw
Mt
GLEANED AMONG THE crown.
Kid. May, a negro who wae standing
on the outeide near the gate, was
shoved againet the ‘wall by the crowd,
fell down and was trampled upon. He
awas bruised considerably.
A negro giving his name ,as ‘Chicago
Jim” had a finger badly erushed’ by the
gate as he was trying to get in, when
it wae elesed by the officers.
Abou’ 3:30 o'clock James Murphy, a
young white’ man, climbed pon the
wall and jumped down into’ the yard,
In doing so a leader above his ankle
was badly sprained..;He was earried into
the jail and in ‘the abeence of a physi-
cian his wounds were skilfully dressed
and bandaged ‘by Mr, John O'Connell,
‘of fourch-ceiate fame.
A fight took place on the outside of
the wails; about 1 o'clock, which was
engaged in by six or seven men, one of
whom, @aid to be a sailor, was beaten
severely. : : ,
Laddera were brought into play for
the men and negro women to scale the
walts. The deputica at times had to
flourish pistols to keep too many froin
coming over by that method.
‘
GRAY’S CRIME.
The crime for :which Gray paid the
penalty wag the brutal murder oi ‘the
evening of February 15 of the present
year of, Mr. John Lyndburgh, an aged
torman, near hie home, near Cleveland
station... Mr. Lyndburgh :had been to
Mobile that day and was returning
‘to his home that evening when the mur-
der was. committed. .- When within a
short distance of Mr. Lyndburgh’s,
Gray jumped into the rear of the wagon
and, approaching the old man from. be-
hind, struck him several times over the
head with a short stick, to the end of
which was attached a wagon nut. Mr.
Lyndburgh fell to the. ground and Gray
continued beating him wntil he was al-
moet lifeless. Gray then robbed h
victim of and went 'to his mother’s
home. Mr. Lyndburghs, was found on
the roadeide a few minutes atter he
had been asanuited and vras carried home
by a colored man, He lingered until
about 9 o'clock that night, when he died.
Shoriff Dorlan received a telegram
Sunday morning following, apprising hit
of the deed and, with Jailer Ma. Lauren:
dine, be went to the scene. They were
vot Jong in arresting Gray, to whom Ku
picion strongly pointed as being the per-
petrator of the erime, Gray wae Ifrought
to Mobile and placed im jail. The after-
noon he wae locked uy be made a full
confession to the officers, saying he killed
Mr. Lyndburgh and robbed him for ‘tne
purpose of getting money with which
to have a good time during Mardi Crave,
Gray: was vonyicted at the last term
of the city court,.th> jury beng out
only afew minutes ‘before returning
with a eentence of death), i+.
4
Con, Wall say tesnorrerw, tot,
review of trade; Pailures for the wee ef
have been 280 in the United SSiaiey &
neninst 222 last year, and 27 in Canada, |
ugninst cb ye 5
Volitien! evcuts week had no,
definite intinence upon business prospects, |
for the phenomenal variations in sterling y
exchange and the beginning of imports}
of gold, although following the great y
weeting in Madison Square Garden on
Tuesday, guay be fairly attributed to the
accumulating excess of merchandise at
ports over imports, to whieh attention has}
been repeatedly called, exports from New ¥:
York for the past. two weeks having #
been 20 per cont, larger and imports of,
here ‘
The rapid movement of grain, and the
unusually early marketing of cotton tends fF
strongly to aid the banking, syndicate f
which has undertaken to regulate foreign §
exchanges,
Withdrawals of money to ‘the interior
are rather large, and commercial loans
are hard to place, and this difficulty
checks many new enterprises and busi-
ness in many departments. Bank clear
ings are small, for the week 15 per cent.
less than last year. Railroad earnings
are not.as good as might be expected for
the first half of August. exceeding those
of Jast year by only 3.4 per cent. '
~The hoot and shoe trade is rapidly near
ing the end of past orders, excepting in
grain and buff shoes, of which there are
still orders for some weeks to come,
while others are coustantly received, bul
in other branches the new business is
light. Prices are a, shade weaker.
Leather is weaker at a sinall demand,
although restricted supplies have caused #4
a shade of advance in some kinds. ITides§¥
at Chicago averaged more than 3 per
cent. lower for the week again, the fall
in the past five wecks having averaged
about 20 per cent.
The iron and steel manufacture hacé
only continued depression to report, and
wwoweekly
of the
Bessemer pig has sold at $LO40 at Ditts-By ie
burg, while Southern No. 1 is offered at fe
prices equal to S10 at New York, andgiss!
nearly’ all of the finished products are SES
‘heing sold below the current quotations, 294
There is a rapid curtatiment of produc fee
tion, but in spite of this, the supply off ha
finished products appeaers to greatly ex ms.
eved the demand for them. The ‘om
bright spot is a sale of 9.000 tons stee
rails to Japan, for refitting railways ir
that country, which make an aggregate Re
of 45,000 tons exported during the year
Nothing encouraging can yet be sair
the demand for goods, even at recent refake
ductiongs in prices, is still disappointing] gay
small, A heavy auction sale’ of cottor
goods brought prices, which were con
sidered quite encouraging, and the cur
rent. demand is fairly: maintained
although the milla are not inelined
make large contracts for the future
view of the rise in the raw material, 1
general the working force in the textilé
branches does not appear to have in phy ’
creased. tty
a +",
The people at Palmer, Mase, havitgt
been in the habit of jumping on the hooltsg
and Indder’ whenever it has started foskey
a fire. Recently, however, so many peok
ple jumped on the truck that their weigh @
wae sifticient to break the rear axle o!
the wagon before it had gone mauy row
from the house, and now none but fire
men _are_allowed_ to ride on_it.
=e FIRST
HAVING POWOE™
ma
aR My
RG
e10ul
*INFAL
f
a
21 per cent. smaller than last year. Bee y
418 SOUTHERN REPORTER, Vou, 12. (Ala.
There was nothing in this objection. It was
clearly within the realm of legitimate argu-
ment to the jury. Even if such line of ar-
gument could in any case be objectionable, it
was not so as here presented.
The other exception reserved to the line of
argument the state’s counsel was permitted
to pursue arose as follows: The testimony of
Emma Marr given on former trials, and writ-
ten down, had been adduced in evidence by
the defense for the purpose of impeaching
her through diserepancies shown between the
two statements. These had been produced by
the defendant on the cross-examination of
this witness. In reply to the assaults made
upon the veracity of this witness, based on
the alleged discrepancies in her several ex-
aminations, counsel for the state, in his said
concluding address, “argued to” the jury
“that if Emma Marr was unreliable, and her
testimony not to be believed, it was strange
defendant’s counsel relied on her evidence to
prove the facts upon which they sought to
impeach her as a witness,—that defendant’s
counsel had themselves used her as a witness
to prove the facts upon which they sought to
impeach her as a witness.” It may be that
this was an illogical argument, but that, of
itself, is not enough to put the court in error
for not arresting it. Insurance Co. v. Allen, 80
Ala. 571, 1 South Rep. 202; Childress v. State,
86 Ala. 77, 5 South. Rep. 775; Cross v. State,
68 Ala. 476.
Charges 11 and 13 were each properly re-
fused, because each asked the court to assert
as a fact that the evidence in this case was
entirely circumstantial. EZEmma Marr testi-
fied that the defendant had confessed to her
that he killed Harriet Marr.
Charges 16 and 18, asked by defendant,
are not distinguishable in principle from those
we ruled on in Welsh v. State, 12 South. Rep.
275, (at the present term.) We held in that
ease that the court did not err in refusing
the charges there considered, and that ruling
justifies the court’s ruling on charges 16 and
18 in this case. There is no error in the
record.
The day appointed for the exccution of
the prisoner haying expired, it is ordered by
the court that on Friday, the 7th day of
April, 1893, the sheriff of Sumter county exe-
cute the sentence of the law by hanging the
said Steptoe Green by the neck until he is
dead. In exeeuting this sentence, the sheriff
will in all things eonform to the statute,
(Code 1886, §§ 4666-4669.) Aflirmed.
_—$——— et
(99 Ala. 481)
SMITH v. TOWN OF WARRIOR.
(Supreme Court of Alabama. Feb. 6, 1893.)
INTOXICATING Liquons—SaLeE—COoNntTROL BY TOWN
—CoOMPLAINT.
1. Under Code, § 4385, relative to indict-
ments, providing that offenses of the same char-
acter and subject to the same punishment, may
be charged in the same count, in the alternative,
a complaint charging in a single count selling
of vinous or malt liquors in violation of a town
ordinance prohibiting the sale thereof, under
penalty of a fine, is sufficient. .
2. A complaint by the town, alleging that
defendant sold liquor within the corporate lim-
its of the town, sufliciently avers that plaintiff
is a municipal corporation. _ ;
3. Under Code 1886, § 1500, authorizing
towns to license, tax, regulate, and “restrain”
the retailing of intoxicating liquors within their
corporate limits, they may prohibit such sale.
Appeal from circuit court, Jefferson coun-
ty; James B. Head, Judge.
Thomas I. Smith was convicted of retail-
ing intoxicating liquors in violation of an or-
dinance of the town of Warrior, and appeals.
Affirmed.
R. L. Thornton, for appellant. John T.
Shugart, for appellee.
STONE, C. J. Smith, the appellant, was
arrested, tried, and fined for an alleged vio-
lation of an ordinance of the town of War-
rior making it a penal offense to sell spir-
ituous, vinous, or malt liquors within the cor-
porate limits of said town in less quantities
than one quart. I'rom the judgment of con-
viction he appealed to the circuit court. In
tho circuit court a complaint was filed, set-
ting out a copy of the ordinance, and aver--
ring that the defendant, Thomas LL. Smith,
‘did sell spirituous, vinous, or malt liquors, in
quantities of less than one quart, within the
corporate limits of the town of Warrior, and
that the same is in violation of, and contrary
to, an ordinance of said town of Warrior, in
words and figures as follows, to wit: “Be it
ordained by the board of corporate author-
ities of the town of Warrior that any person
who sells, barters, exchanges, gives away,
or otherwise disposes of, any spirituous, vi-
nous, or malt liquors, or intoxicating bitters
or beverages, within the corporate limits of
the town of Warrior, shall upon conviction
be fined,” ete. To this complaint, defendant
Smith demurred, assigning causes as follows:
“(1) Said ordinance is void for uncertainty.
(2) Said complaint charges several and dis-
tinet violations of said alleged ordinanee in
one count. (3) It is not shown in said com-
plaint whether defendant disposed of spir-
ituous, vinous, or malt liquors, or intoxicating
liquors or beverages, or all of such liquors.
(4) It is not shown by said complaint that
plaintiff is a municipal corporation. (©) It
is not shown by the allegations of said eom-
plaint that plaintiff had any power or author-
ity to enact such ordinance. (6) A municipal
corporation organized under the general laws
of Alabama has no power or authority to
enact such ordinanee.’”” The demurrer was
overruled, and the ruling on demurrer pre-
sents the sole question for our consideration.
Under the statute law of this state, section
4385 of the Code of 1886, offenses of the same
character, and subject to the same punish-
ment, may be charged in the same count in
the alternative. The averment of the sale,
found in the complaint before us, would be
§ roe
oe
GREEN, Steptoe, black, hanged at Livingston, Alabama, on 9-15-1893,
— ——
416 SOUTHERN REPORTER, VoL. 12. (Ala.
the measure of her recovery would be that
portion of the rents which would represent
the difference between the proceeds of the
sale and the aggregate of debt, interest,
costs, and expenses secured by the instru-
ment. Having failed to show this necessity
for the application of the rents, or any part
of them, to the liabilities secured by the
mortgage, she has failed to show that she
was damaged by being deprived of them, and
has failed to make out her claim to this item
of alleged damage. Having also failed to
prove the other item of damage laid in the
complaint, as we have sccn, the gencral
affirmative charge requested by defendants
should have been given. The following au-
thorities support the view expressed above,
as to plaintiff’s right in respect of the rents,
incomes, and profits: Daniel v. Coker, 70
Ala. 260; Butts v. Broughton, 72 Ala. 294;
Johnston vy. Riddle, 70 Ala. 219; Marx vy.
Marx, 51 Ala. 222; Scott v. Ware, 65 Ala.
174.
If it should be made to appear upon
another trial in the manner we have indi-
cated that the rents were necessary, in
whole or in part, to the satisfaction. of the
mortgage, and that the plaintiff was prevent-
ed to intercept them by reason of the suing
out of the injunction, she would be entitled
to recover such part of them as accrued
after the date when, but for the injunction,
she would have intervened, and such proof
only of the amount so accruing as will suf-
fice, when added to the proceeds of sale, or
to the proceeds of sale and rents received by
her after the dissolution of the injunction, if
any, to pay off the secured liabilities.
The plea of coverture interposed by Mrs.
Schening was good. She signed the injunction
bond as surety for her husband, who was
the complainant in the cause, and the law
then of force expressly incapacitated her to
“become the surety for the husband.” Code,
§ 2349. The replication to this plea was
bad, and the demurrer to it should have
been sustained, but for its generality. Re-
lief of a married woman, by the chancellor,
from certain disabilities of coverture, does
not confer upon her the right to contract
and be contracted with. Hatcher v. Diggs,
76 Ala. 189, and authorities there cited. The
judgment of the circuit court is reversed, and
the cause remanded.
—_
(97 Ala. 69)
y GREEN vy. STATE.
(Supreme Court of Alabama. Feb. 6, 1893.)
HomicIDE—EVIDENCE — ARGUMENT OF COUNSEL—
INSTRUCTIONS—Jd URY.
1.The name of a person summoned, but
not drawn, as a juror, is properly omitted from
the venire served on defendant, he not being a
competent and legal juror till drawn.
§ Pyidence that defendant had lived all his
life near the place of the homicide, which was
the most obscure and secreted spot in the neigh-
borhood, just off from the road along which he
had been traveling with deceased, though not
of any particular weight, is admissible as bear
ing on the question of whether he had any pre
viously formed design to take the life of de-
ceased, and therefore tending to fix the grade
of the crime.
83. Defendant’s counsel having assailcl the
credibility of a witness for the state, it was
proper argument for the prosecuting attorney
to say to the jury that, if she had not spoken
truly when she said that she had made a cer-
tain statement to another witness, defendant’s
counsel could have proven this by such wit-
ness, of whom he made no inquiry in regard to
the matter.
4. Argument by state’s counsel in reply to
attacks made on the veracity of a witness,
based on discrepancies between her statements
made at the trial and others made before by
her, and introduced in evidence by defendant,
that, if the witness was unreliable, it was
strange defendant’s counsel relicd on her evi-
dence to prove the facts on which they sought
to impeach her, though perhaps illogical, does
not put the court in error for not arresting it.
5. There being testimony that defendant
confessed to killing deceased, a requested
charge that the evidence in the case was en-
tirely circumstantial is properly denied.
6. An instruction that proof of contradic-
tion on the part of a witness may be sufficient
to raise reasonable doubt of the truth of her
testimony, and, if the jury have such reasonable
doubt, they should reject her testimony, and not
consider it, is properly denied.
Appeal from circuit court, Sumter county;
S. H. Sprott, Judge.
Steptoe Green was convicted of murder in
the first degree, and appeals. Affirmed.
The evidence in this case is suvstantially
the same as was disclosed in the transcript
when here on former appeal, and which is
reported in 11 South. Rep. at page 478.
The rulings of the court upon the pleadings
and evidence on the second trial are sufli-
ciently stated in the opinion. The defendant
requested the court to give the following
written charges, and separately excepted to
the court’s refusal to give each of them: (11)
“The court charges the jury that the evl-
dence in this case is purely circumstantial.”
(13) “The evidence in this case is wholly cir-
cumstantial. In order to justify a verdict of
guilty of murder in the first degree, the cir-
cumstances must be so connected and com-
plete as to exclude to a moral eertainty every
reasonable hypothesis but that of the guilt
of the accused of murder in the first degree.
If the proof does not come up to this full
measure, and the evidence is equally recon-
cilable with the theory that the defendant is
guilty only of murder in the second degree,
then the jury should not find the defendant ~
guilty of murder in the first degree.”’ (16)
“Proof of contradictory statements, declara-
tions, or testimony on material points by the
witness Mary Jane Autrey may be sufficient
to raise a reasonable doubt in the minds of
the jury of the truth of the witness’ testi-
mony, and, if the jury have such a reasona-
ble doubt of the truth of her testimony, then
they should reject her testimony, and
should not consider it against the defendant
in making up their verdict.” (18) “Proof of
contradictory statements, declarations, or
(a
rh not
s bear
ny pre
of de
sxrade
141 the
it was
‘torney
spoken
>a cer-
ndant’s
ch: wit-
sard to
reply to
witness,
iements
fore by
endant,
it. was
hei® evi-
sought
al, does
ting it.
‘fendant
quested
was en-
mntradic-
ufficient
1 of her
isonable
and not
county;
irder tn
‘d.
fan
avnseript
vhich is
ige 478.
jJeadings
ive sufli-
efendant
‘ollowing
cepted to
em: (11)
the evi-
ftantial.”’
holly cir-
erdict of
, the cir-
ind com-
ity. every
the guilt
t degree.
this full
lly recon-
‘ondant is
d degree,
lefendant
“oe.” (16)
, declara-
its by the
sufficient
minds of
ess’ testi-
. reasona-
ony, then
ony- and
def it
4a Sal of
itious, oF
Ala.) GREEN o. STATE. 417
testimony on material points by the witness
Imma Marr may be suflicicnt to raise a rea:
sonable doubt in the minds of the jury of the
truth of the witness’ testimony, and if the
jury have such a reasonable doubt of the
truth of her testimony, then they should re-
ject her testimony, and should not consider
it against the defendant in making up their
verdict.”
Smith, Van Degraff & Travis, for appel-
lant. Wm. L. Martin, Atty. Gen, for the
State.
STONE, ©. J. On the 10th day of October,
1892, the circuit court of Sumter county be-
ing in session, the court made the following
orders in reference to the trial of Steptoe
Green, the appellant in this case: “Comes J.
S. MeEachin, solicitor, who prosecutes for
the state, and the defendant, Steptoe Green,
being present in person and by attorneys,
and the said defendant having heretofore,
and at a former term of this court, to wit,
on the 17th day of October, 1891, been ar-
raigned in open court on the indictment in
this cause, and he having then and there
entered his plea of ‘Not guilty,’ the court
now sets Wednesday of the 2d week of this
term of this court, the same being Wednes-
day, the 19th day of October, 1892, for the
trial of this cause; and it is ordered by the
court that the names of fifty (50) special
jurors be drawn according to law, which
names of jurors, together with the names of
the petit jurors who have been drawn and
summoned as petit jurors for the second
week of this term of this court, shall consti-
tute the venire for the trial of this cause.”
Before proceeding to trial, the prisoner,
through his counsel, moved to quash the ve-
nire served upon him for his trial, because
the name of M. B. Rosenbush was omitted
therefrom. There was nothing in this motion,
and the court correctly overruled it. M. B.
Rosenbush, though summoned by the sheriff,
had not been drawn as one of the jurors for
the week in which the trial was ordered to
take place, and did take place. Had his
name been put on the venire, it would have
been ground of objection on the part of de-
fendant, if he had sought to avail himself of
it. To be a competent and legal juror in such
conditions, the person tendered, and notice
thereof given, must have been drawn, as well
as summoned. M. B. Rosenbush had not
been drawn. Code 1886, §§ 4306, 4309, 4320,
4322, 4324; Floyd v. State, 55 Ala. 61; Posey
v. State, 73 Ala. 490. This ruling is not op-
posed to the principles declared in Phillips
v. State, 68 Ala. 469; Parsons v. State, 22
Ala. 50; Sylvester v. State, 71 Ala. 17.
Chapman, a witness for the state, was
asked the question, “How long the defendant
had lived on the Chapman place?” He an-
swered,“Steptoe Green had lived on the
place all his life.” The question and answer
were separately objected to, as ealling for
irrelevant evidence. The objections being
v.12so.n0.6—27
severally overruled, the defendant separately
excepted. The place, which the testimony
tends to show was the scene of the killing,
was in a dense forest, thickly covered with
undergrowth, and in every way @ very secret
place. It was off from and near to the
neighborhood road, which the testimony
shows deceased and the accused were travel-
ing, engaged at the time in angry alterca-
tion. Lhe place of the homicide was proba-
bly the most obscure and secreted spot of
ground in the immediate neighborhood. One
very important inquiry on the trial, as tend-
ing to fix the grade of the offense, if perpe-
trated, was whether the prisoner had a pre-
viously formed design to take the life of the
deceased. He had traveled some distance
with her in the neighborhood road, and, only
a short time before reaching the place where
the body was afterwards found, the two, as
the testimony tends to show, entered this
dense forest and undergrowth. This was in
the immediate neighborhood of what is
known as the “Chapman Plantation.” The
testimony objected to tended to show the
prisoner’s knowledge of the country around,
and of this unfrequented spot, and was &
circumstance of which the jury might well
be informed, so that they could consider it
with the other evidence in answering the
inquiry whether he chose that spot for the
tragedy, rather than the open roadway,
which would much more likely have exposed
him to outside observation. Probably this
testimony was weak, but we think it a legit-
imate circumstance for the jury to weigh in
determining the grade of the offense, if they
found the prisoner guilty.
While prosecuting counsel was making the
concluding argument to the jury, two posi-
tions were taken by him, to which defendant,
through his counsel, objected separa tely, and
moved the court to arrest the argument, and
exclude them from the jury. In the testi-
mony of Emma Marr, daughter of the de-
ceased, who testified that she was near to,
but not in sight of, the parties at the time of
the alleged homicide, she had stated that she
informed Nero Brown of the killing shortly
after it is alleged to have occurred. Brown
had been examined as a witness on this trial,
but had not been interrogated as to this
statement of the witness Emma Marr. Coun-
se] for the defense had assailed the eredi-
bility of Emma Marr, basing the assault, in
part, upon the alleged contradictions in the
testimony of said witness on her different
examinations. Replying to this, the prosecut-
ing counsel, in his said concluding argument,
stated to the jury “that, if mma Marr had
not spoken truly when she said she had told
Nero Brown about the killing, counsel for the
defendant could have proven this statement
false, as Nero Brown was present at the trial,
and on the stand; and * * * counsel for
defendant had not attempted to disprove by
him what Emma Marr had said to him on
the day of the killing, about the killing.”
te
LAW
ALASANA
CF,
=
Pa”
+t
ee
~
SCHC
UNIVERSITY OF
480
the jury not to regard this evidence, it
was accompanied with the statement that
the court regarded the evidence as legal.
Griffin v. State, 90 Ala. Gul, 8 South. Rep.
G70. It is a difficult matter to entirely
remove impressions once made upon the
jury by the introduction ol illegal evidence,
and we cannot say it bas heen done when
the jury are told by the court, in effect,
that, notwithstanding its exclusion, the
court is still of the opinion that the evi-
dence is legal. Tor the errors mentioned
the case must be reversed and remanded,
(96 Ala. 447)
Crass et al. v. Mempnis & C. R. Co.
(Supreme Court of Alabama. July 27, 1892.)
LIEN OF CARRIERS—INTERPLEADER — INTEREST —
PASSAGE OF SrarutTe — ErrectT ON EQUITABLE
REMEDIES.
1. A bill by a common carrier, setting up @
lien for freight, the correctness of which, how-
ever, is not shown to have been assented to, and
asking that a delivery of the property be condi-
tioned ‘on its payment, does not show such &
negation of interest in the matter as to allow
complainant to demand the interpleading of the
vendor of the consiguee under the exercise 0
his right of stoppage in transitu, and of attach-
ing creditors.
92. A showing, in such a bill, that there was
no valid levy of the writ of the attaching cred-
itor. is fatal on demurrer because one defendant
is thus shown entitled to the property, and the
other not.
8. Code, § 1182, though affording an ade-
quate remedy at law for the enforcement of a
carrier’s lien, by allowing a sale to pay charges,
does not, in the absence of express provision,
take away any equitable remedy which may have
previously existed.
4. An order requiring parties to interplead,
without granting leave to amend, is erroneous,
as the facts on which the bill depends for inter-
pleader might thas have been denied.
Appeal from city court of Decatur; W.
H. SIMPSON, Judge.
3111 by the Memphis & Charleston Rail-
road Companys against John F. Crass
and others. From a decree ordering them
to interplead, defendants appeal. Re-
versed.
R. A. MeClellan and Kyle & Skegy's, for
appellants. Humes & Sheffey, tor ap-
pellee.
CoLEMAN, J. The bill was filed by the
apnellee to enforce a common carrier’s lien
upon certain property whieh had been
transported by it, aud which was then in
its possession, and also to require the de-
fendants (appellants) to interplead as to
the ownersbip of the property. Certain
eauses of demurrer to the bill were ovecr-
ruled by the court, and, before answers
were filed or decree pro coufesso taken, the
eourt deereed that the defendant should
interplead. from this decree the appeal
is prosecuted. The bill shows that the
Bethlehem Iron Compary, a corporation
organized under the laws of Pennsylvania,
shipped and consigned to the Decatur &
Nashville Improvement Company, to be
delivered at Decatur, Ala., a large quan-
tity of rails, bolts, spikes, and fish plates,
particularly described in Exhibit A to the
bill, and that, while said property was in
the possession of the complainant as a
common carrier, the Bethlehem iron
SOUTHERN REPORTER, Vou. 11.
(Ala.
Company exercised the right of stoppage
in trunsitu, on the ground that the De-
catur & Nashville Improvement Company
had become insolvent, and notified aud
demanded of complainant that the prop-
erty should be delivered to the Bethlehem
Iron Company. ‘The bill then avers that
John F. Crass sued out an attachment
against the Decatur & Nashville Improve-
ment Company, and claimed to have ac-
quired a lien upon the property by the
levy of the attachment, that the attach-
ment suit was prosecuted to judgaent,
and, by virtue of a writ of venditioni ex-
ponas, the sheriff, after advertisement,
sold the property, and John F. Crass be-
cume the parchaser, and as such claims
the property. After stating in the bill
that, at the sheriff's sale, the Bethlehem
Jron Company gave notice of its claim to
the property, it proceeds as follows:
“The complainant avers that said writ of
attachment never was in fact levied upon
the property described in paragraph one
of the bill and Exhibit A, herewith filed,
and that said sheriff never did have pos-
session, custody, or control of said prop-
erty, nor did complainant ever surrender
possession or release its control and cus-
tody of said property to any one.” The
bill set up a lien upon the property in
favor of complainant for $10,392.02,
claimed “on account of unpaid freight
charges aud demurrage,” and the prayer
of the bill is that the decree for the deliv-
ery of the property to the proper owner
be conditioned upon the payment of this
sum to complainant, and, in default of its
payment, that the lien be declared, and
the property sold by a decree of the court
for its payment. to entitle a party to
the benefit of a bill of interpleader, he
must negative any interest in himself in
the matter in controversy, and show that
he is a mere stakeholder; that there is a
doubt to whom the debt is Que or duly
belongs, so that he eannot safely pay or
render to the one without risk of being
liable for the sume debt or duty to thie
other. In such case the plaintili only
asks that he be at liberty to pay the
money to the party to whom it of right
belongs, and may thereaiter be protected
against the claims of both. 2 Daniell, Ch.
Pl. §§ 1561, 1571; 8 Pom. Eq. Jur. § 1520;
Story, Eq. Pl. § 291; Conley v. Alabama Gold
Life Ins. Co., 67 Ala.475. As stated by Mr.
Pomeroy, section 1525: “He must stand
entirely indifferent bet ween the conflicting
claimants, and be ready and willing to
surrender the thing in dispute or pay the
debt. He cannot mingle up a demand of
his own upon the property or thing with
the demand that the other persons shall
interplead. ‘The interest, however, which
will defeat the relief must be in the very
thing or fund itself, which is the subject
matter of the controversy and of the suit.
** # Nor, itseems, [he adds] willacharge,
lien, or claim upon the very thing or fund
itself, which is admitted to be valid by
both the defendants, “ defeat the relief.
Italics are ours. The complainant sets up
aright to hold the property aud a lien
upon it for over $10,000, cost and expenses
for freight and demurrage. The bill doves
| not show that the defendauts assent to
‘ “We begin |
ur :
ea) 8 far-off corner. of) globe
¢ |agony of conflictiwhere, no nation
n how) it, stertedy Has: fatiepcre
a4 { ' 3
ts 0,| shin: mained) tfetedontt TAs |
; seer ie
ta: tavtive' as they! shall
edn’ the other to dominatesthenn and.
es thike then mere addition
Bin'the) ahha oft
ra Could: S
mn wee -hegin to me 6% é
iechinaaeens re
Hi bate in Asia+ and through?
a thier Sint
Citys:
at
Tike
ghéatrislands" oft the Pavificys then’ forsthe:
apegin® toi get ani understanding} heresfrot
ry ;
fd Kéné He Howertony “4
thay last: cen Wwhase
stands¢. Bre: he
cers ofthe ‘government ares, ts
triistees, and © both: 't and
alttiistees: were created fi
Gfittof ‘the: people”? ,
; Ruisenhower® said Clayit’ Stimmed
inethat one sentences/all oft ofthe!
ney ‘reason: whys it! i cereah
aca
| of! Greensboro}: Beles cA
cst ‘}wistotieicainera
‘{severa Hecht i
andi two: sisters ii Mes Ji
and). Mrsi; Was Ha: Sh
le h
toda att ‘thei! graveising
sateen with thes: Hie 23
* i Sy ee a |
) EMMETT: memerrrry dies thes fits
‘Enimetti Freeman Halk 52) Route een.
bran Ok diet at Ho be Me
1 25"
Cenccorgeh ta
Fayettey Cherry), retired etectiyah
ote pee © of; the; Western Electric# Coo of.
; people} and peapie are m wns
S. ediatelys after hi di
Vani speech: the: Presidentiandyhis
Bartyttooe off: inthis: private! plane;
the*Columbine: for: Augusta Ga
at §6:50' p.m (ESTY A: .
eBarlier at ‘Hodgenvillej;
manity: 4 Sof 17008! residents;#
hower® cited: Abrahamé Linco
Cagos: Wille bey helds Sunds
First: MethodistiChatcht her
Cherrya: was killed ®. Wedne 2
when*a tractors he): Saaronestin fe
overturned: He! moved: toaNewton:
County tworyears agosand has beens #”,
: Wettig since; his: retirements) y
* He? was\a) ‘Captain iitethe? ane
yikes ofa: leader whoi never'| }\
bliélyexcoriated another: Amer?
fOr”, posed: as a “psetido-dics
Het, ;
| ‘BACK. IN AUGUSTGS: ahi
GUSTA,: Gal, April} 23
me resident. “Eisenhower? landed’ at
weeesh ' Field: tonight» afters
+ TIL? and two" sisters,’
4 kaa Liz Been E piney ley, Gajr
liam Pliny diet \La’ Peel |
rsiyiJ3) D,
Falls} State: Collegeys' sib. and
| tae héi he esi
man}i at he?
rik looking) at! the, United: 1s
<i doing ro be cerning: whatwaction/ the Supre
‘s
& The? eyes’ of.
ourt;: takes; aridiwhat ‘the
veers eh
fepVoters
i painet the: eaten '4 oe
ipyste i, against) aiplan})
if public Hel intoy they
q INTERE
th ica ev penser
oy seed le nnaireyt proposéd
i bin ¥i questi
flight |:
mem Lexington; Ky., and went:i dime 53>)
feeeciately to’ ‘the: “Littles White ie
peeuse.’* at the: Augusta} National, rel?
Molt Club.
{ ah!
al ‘was greeted at the field ty iy:
i Gen. Charles Blanchard, i
A ES SS
LL
fo tad Tiree a
/
tong nian Me ee
\
}
iz
< ae
: “vance 40. study: ek ait,
e ‘triton Said):
ithe! door élosed??
oye three ha job departments it! ea
One? wills nandle médi¢al and:s
ical) care: for! Veterans. Anot
will bain: charge Gf insiirante;
rd awilk Manage such. benefs
fethitns. denn | guarantees: and vou Nh
ts “training. rcp Siof ed
Sdiniat dl Rhye ae bee
f Le: wills
2 ‘au + é
is Penang es apialin atl eipianted VA
Say with VAeand | was actepted) by; ane
“management! ,corsultant. firm:
vi ‘Boog Allien. and? ‘Hamilton’: aot ed
1. $605,000) dg the: 1Smronth: baad
Med The; result’ Wasa’ l0-volume re was..imad ti thes P
“port! 1n/1,200, 000; words! webich. te qe rniloah Jeans hares
“been ink VAC& J hands) since:
"Gray hid it had * beer: ewithheld
5 Santih now? to; permit time to: study
eran: analyze, it: It was ’titned) over
toy newsrnen today! for? immediate
buses withing ODRORTUDILY? An ac
a Under ‘questioning®: the!) animist
“Eshaven't. slammed
‘and representa-|
tes: of} viterans’ organizations can)
have’ 45) darvs: af: thewowantitor sug-
wektiak echanges ir the: re-organiz-
fats Mi plain as: adopted)
Reo Edith i Nourse: Rogers (Re
+ s/ (Continued on; Pager 2, ‘Col. 37°)
a ( senu€ larkis: ‘Sony. ‘
“Stationed | ‘at Post,
oe Car Crash i
ariel Ahe! Pearce? home for: the!
Gees Stark ‘Clark's son enone
Fort: Rerning : and*: rtedly
ih his owaetc: be married: today;
pe Thahxsdivine: Day, in New: Orléans:
“7 eibed from: ie fine-vebicte wreck!
noir) Mobile!
xesterday, with;
ian e.more ins ie wedding: ring,
Mat. | Wilbamt) De (Clarkiiwas ins
atced. inal ninesvehicle DPile‘up o5
the “Sistie’ Bay Bridgé® causeway:
lea ese the Associated Press resi
rtedy His car: was: one ‘of two
_desiroved by flames /4.4)
* Edward AMoCurte: Prichard.
“Als suffered. lacerations = of, the
ne oe He was the oaly person tnjur:
} 1 Highwae Patrol Set E" Ti 'Caxe’
wel} ead: the accident! wa's caused
an bri a Srake failurejon a pulpwood
a track,
the AP Teported),
=» OFF cm op om
ring, jue)
| i Weather: Outlook.
COLUMBUS AND VICINITY: —
Pattiy’ cloud’ and colder: Yester
, tax” 3: high, 64) Jows, 41: fy Te
WEST GEORGIA—Partit clout
Ro) and colder:
EAST ALABAMA-Partly cloudy
P- :
é
fi ‘ = aa
ye NORTHWEST FLORIDA--Partty
> @boidy and colder. ‘Moderate pois
A |
ag) ‘Said ‘onetiof! the: few daughters: 3 Mrs};
mee artiches Mak Clark:salvaged: from’ ii
j reer Giant? the: wedding
ie i mT
a AR! official of: the: ‘comp
Supplied bottled’ gas ‘to. the:
dénce at: Mriand: Mrs.”
Pearcel found: dead*in | thi
Sut’ home? near: Fo
{Toesday hightisaid nog delivery
$s house}
On the day: of | the( disas tee pe ee
‘AL Rives?: resident Sod *
Consolidated! GisiCompany,..said
jlasti might: the? tankiest) the? Pearce
home? still ‘containéd) 60/ gallons: of
Ras, OF 25: per centiof the; Capacity,
MrliRives said: Mer Pearce! call}
requesting? a. gas. deliverye butithe
‘order! had! ‘beens scheduledit to, be
filled: Wednesday morning ii')7 097
home ‘tit: about’ 8: 30h pm. Tuesday
told: Chief’: Russell’ Deputy? Sheriff
Albert: Fuller# the: house, {e/seemed
to: éexplodei- bad Ve
Ae Phenix City? fire: ticki was
they: ‘said. The bodies; were brought)
Outs of thes burning « rember has
about; 32:30: eee Oe aaa atl Gz
Met Rives: Gad his jolt wobla g had
ipasty sie yearsis He’ said, nog: ‘gas
had; been put) inter the tank since
May 28,°1952) This was) about!
faeces Wa aaioe rt
Russell: Codnie ‘Sheritt. R a ph!
Mathews ‘Said yesterday his* office:
t Would heve'no affici ‘report on the
jfires ‘and? Causéi-of': the) couplets
death intl he has retéived) fall re
‘ports from: the Alabama? taxicdlo-
i gist: at! Aubuiw and; State: atthe eae
tors from’, Montgomery:
| Neighbors’ said! the: ‘couple’ had
Rain Living, at) Pearce: Crossroads;
about’ three? miles! south: of}: Fort:
Mitchell, for the fast! 30. vears. Mr:
Pearce) a) former school ‘teacher;}
(Operated 4 small general: store, gust
across the road) from’ tis at
Be rae
home,’ and’ Mire, son Be pons
Mr: ‘Pearce! 64.) jes teen ot? the
late Wi J. andi ED: Curley: Pearce;
also\'is ‘survived! by two: brothers:
David’ Pearce, Miami: and Seott
Pearce; Mississippi: He ‘was! born
“| Feb, 18 1888/in; Giay’, County? Ala:
_ Mkse ‘Pearce. S57: the former Mat-
Vann: was). born in’ ae
Codaty. Novi 16) 1885, the daug
of Mre:: Carrie. Seen
late’ Joe Vann.”
Sige ‘Leigh oa Ea
Bperal arra bio "Mr late
ed: his ‘company jTesday: afternoon} §
dispatched :.tos. the.sceney) but arr}
rived * toot late’ to save, the, housei| ae
mal consumption’ $i rete a
The: Pearces are survived by: twol
Rui N. Hebert. who}:
sichnaNoP Sidbia te iena
l ~% et hip a turned
pasty: tecely ing. station. nee
we sing: apd: Borage
ee SOLITy, SER Ee
poe y One Feporter Called itia is
sight The victims: were: ‘are.
Gnithe: itchen flodrsorie- of. t!
dead!'* most. ‘with “only; a! Diar
covering. them) reeking owith
strong smell of smoke. Fa beg
,One (fireman said: the, ib!
i-jstarted “in: the: basement: A's
- physictan..who refiised ta be qui
said, some. of; the {patients > so;
times? wentto ithe’, basement
smoke during off hours, which:
against: thes rides:
The* ‘ hospital) builf/ in 1896:
ejbeen under. recent scrutiny. :-b
through) the: pres$ and State, Le;
lature} for its Feandition.. td
‘tT know it's too Jate to: SAY thi
Btirdet;/said} *“but® we submit
; (Continued, . Om weedy ye maida
Pi Ae Negro passing: near, the: pabree oe
| HOSPITAL FIRE FATAL TO OM
in w ot
| trapped in: ee
sy was. bee ay be oan Lara
ame
enthngton State: Hospital a’ mest:
“MONTGOM
UPE-Govg: Gordon! Persons! decbad gove “
_ Set aside/ the! death’ sentences’ of}'| * Botte! ay
Pe aac a today and tant i
’ will ‘bée-¢i ectrocuited: tomorrows
: (a thet. slayin, ayimg® off. ani elde
Mitchell couple.
sys 24) Albee
i eae Hoe Grimes
istration’s’: biy’s's’ of Peete ‘
| Dome! repairs loan! insurance}, :
4 wasifiredi tods ,
j investigat
Spee: pat
Teese coon Hees
Bs Uri ri nie
Nd i 8 chee oe le
opera ors.) els aris thaeMin: |: sev ates
‘ lenders: oni homie aro mateo Sib
Hanah Sea tind wee petbae's tea hi x NS fi
in announcing) ati Fr as si herieges
Cito as: ate Honsin eh Ad planned for: pice ‘wee
my tratorvAl tt Olersaidi fie
ada sno idencerof! any):illegat}s ya tole
a i nthe assistants:
FS e parti? bub if
Pason: for! the: idismis
comment tow make! 4
ie Fifth; Official’ Affected’
‘Frentzist the “fitth: offictabl at-{4 8 ee Se
eat: fected byia’ shakeup’ ofthe; housing} Vaings ‘further: a
wHome: Demonstration) | agency's:topi echelon: Since Presi-| saying: Shield&eas im} toxcom
nett willbe presented} denti; Eisenhower startediiit: off) by! tos Dalton: with note che ds) and
Be or the’ shaw! (lefts tol: “accepting! #4) theve resignation’: of |Charles’ »Wilsony; brother) of
ins the} Saturday’ Commissionen’ Guys ts *Hollyday | Wilson® bute that:
Sponsored) by ‘thew one A pril'12i): Hollydaywasit asked | several. blocks: ier!
ll be? sold? durai~| to: ‘step: aside: While: Sepceoners started#y,*. : se iti
pee as investigation: off ithe! a ; é ess ony Iso
~ | faleey wast undertaken with arsonin thelcasen nee
& Coles predictedtatéthe: i there |i: Green iruotedks Shield lags elling| fs
wouldibel ri *fitings;/ands poss hiny)that/insiieancetwas) tHe:my Vet pts
; | Sibly#some® criminalt prosecutions; | fon’ the’ firey Vininygilsaidiy
: | 8S @eresult’ of alleged) laxity/ in ithe} ’ Shieldgs was’ seem: runnin from} (;
y| insuring/of! loans: fom hometrepairs the®: houses? replace ie
}) and?apartment:, hoses building§{::’ | tockéd bythe explosion’ oe
-| \ Frenta hadi been: sith thei home etaibes or pe handles: re ndi$70! fron
* | Fepairs loan’ section-since: it) starta , tamobiles!*.«: "
mea | in'/ 19340) andy had béens in} charge}: i Shiblds? Cay ound) several fy poles, Telatlves attend
blocks) away? andfin/it/were dyna} mest re ; 3
of Ses operations since 1a. mnite,) wiringy’ dynamite: caps! and et tne hearings but several ene
[Sem Capehart!(R-Ind), chairman ‘an: emptyp cans whieh apparently bershof¥ Jones’: family: satisi ently”
of), thes Senate’ Banking) Committee; contained’ gasoline.!)'s. 20%) 4: during the; brief’ proceedings.+);’
Placed? in} a’ hearing! record:a® lis Eviring! said! Greedcould not’ ex Serpe percmmagaaier san &
off-hundreds*’ of} individuals’ and plain’ haw: Shieldaiiiclothings: might} ¥ :
as | firms: tov whonvi lending? institutions have’ caught’ firey He quotediGreen}.
~ | Were advised ‘notito extend governs} 5 saying! anette re : va DK
ment-insured homes repair: ‘loans er sch Via O; rae: ver: |
without: ‘special! “precautions,” 4 bh haat ite BS BAG
norh\ Called'(Blacklist®i =i il ERM Se 9 ASHINGTONE: April. 2alun— See
Capehart referred? to’ the lengthy Parkin ‘eine Raymer r {ot Labor Jamea-P,'\Mitchel a
:{ Compilation’: as:; af “blacklisty. Be res apeg IF a V Fo aid) today: the.
Cook ig; Bhan firms.which! he: said had; ipheaiad eve
homeowners, by) padding: costs) and}:
s fataulen Road. .} Performing inferior. work in return |).
—< Crtemub-—-“ Cgc ea
i
faulted.) :
ae “On remy Poiana Nele
& srecally wasde nafided:
fotet given Hill by iainoviettd
Je edreign, anti tors eet.
* iby 23 i
The isame note
i Eten Meier :
Srinal coat Australiang? arres
z =r nas ae: ithe -M Metho? swindler andi ember lery This.’ wash:
ire — rethatt! 307. ye: irs | 2: request:madeye r oat Bhs}
ings : ‘ae Wa ye Sans Embassyein.” Gant
{ied MG cahee ee | in’ ae W ve: reat has: alre dye
‘tion: ‘and is; oven
trenigthy
A: joint ibs er paar note:
to econ slat erties fs
; Leontine on? waka ice Colt, 8)% Bone ck ay barely audibla ie} Dassysim
' ; voice}; retiredi: from hise ministry:
tithe! church: heré last! LOctober.
5 ake He) urgedisupporti oft theAme rg
i Hopelanat Stain jandsexpressed
AS
will
; Cohen nentd it Georgia has en 1
~ basically corrupt
long}: Morris
Movie’ quee
lem born’ spite
ister, spoke’ ont} thes “Moral iistian gape bil
i rd ata ins rept ioe fai MONTGOMERY) A Ala. me 23
: ti a} meeting a + Woman’é|(p— Two ‘young: Negroes} weré! elec rena jut i) Wri Pit ie naga s kg : pe
ui bet Club,. State: ‘Sens. Gi; Everett: Milli-| trocutedstonights' ones of themgal- hear EUW aS SGU A Os MES Oey Whit Plains cpekshborh ]
x was: given? the most niiraculouslyitighting* his: fe Salita ; SUAGE OMe héaily) traveled farea/of tour-t of th
group's? $500 award fort: his). work!| backito life: before. a's me re: ern AWOS fs ‘motels’ ands: busi
inj the: Legislature: for: the: last:20} of) 2 300}: volts: of electricity’: + ik ICD} és a
years. George? Gingell} Actives\Vot} stopped: his: ings MICK) 47 Rc) ft},
| ets’ board membery Presented! the breath igre d mes ef wast Midthi- yesterday) t6 are ‘of
*. Citatiomja. 9% 6: pe ArthurLee aie “and rtjthe Ja >! Back: to: Ne wi York: an} his! -black je
+ New officers: Sisolwerel announic| Lee, Jones;: k : peers! ave ir mported; Jaguar’ cari ee)
_ ed: and® the: organization: reviewed. cuted:at’Kilby> Prison for tetera ae eunen ‘Attys Crum:
} i. discussions \toebe:\held: todayuis :| slaying: off,
The? attomey: said’: that)’ even|and-vhist: wifey They bodiest of, M
Meee mnt on) Fasdi ei Col; 6)¢ Veta ‘
ar
=
44
HAT,
yy
aol g
Richard, JOHNSON, Thomas and
RI
on March 31, 1899
alice ea
By
ROBERT D.
BURGESS
DISTURBING premonition of
danger and the belief that some
one was calling his name awak-
ened J. B. Myers from sound
sleep. For several moments he stared in
fascination at the weird pattern of light
playing on the bedroom wall. As his
mind cleared, he jumped up and ran to
the window. Suddenly he realized that
his mother’s home, a quarter of a mile
down the road, was in flames.
“Get up! They've killed Maw!” the
young farmer shouted.
Mrs. Myers sat up. “What did you
say?” She sprang out of bed. “Are you
dreaming?” she demanded.
“Yes—a dream—she’s dead!”
The farmer ran to the door, halted, and
turned back. He jerked his pistol from
a bureau drawer and tossed it onto the
bed. ;
“They may come here,” he explained,
ad LULA 9
It) CY
Ben, hanged at
wegen
Determined to discover the
identity of the double mur-
derers, the Reeves brothers
concealed themselves be-
neath this house and over-
heard a conversation which
later proved enlightening
Troy, Alabama,
mts ‘PARMAR a.
£
Former Sheriff Sam Reeyes
took two supposedly re-
spectable members of the
community on a wild ride
to jail and prevented an-
gry residents from taking
the law into their own hands
and immediately ran out of the house.
As he sprinted across the field he sud-
denly realized that two men were run-
ning toward him from the flaming struc-
ture. “If they did it...” he muttered,
and reached into a pocket for his knife.
As they drew nearer he recognized them
as neighbors.
“We were coming for you, J. B.,” one
shouted. “Hurry! It’s a—calamity!”
The pair ran with him in silence
and steered his steps toward a large
tree in the yard a short distance from
CASE OF THE
66
the blaze. The premonition had prepared
him for what he saw. His mother, Mrs.
Rachel Ann Myers, seventy-five years
old and a widow, was lying on the cold
earth, dressed only in her nightclothes.
The son dropped to his knees. “Maw!
Maw!” he cried. She did not speak. She
was breathing faintly, but he knew that
she was unconscious from the deep wound
in her head.
Myers drew back, and turned to the
next figure lying there. It was that of
Mrs. Ida Boyette Myers, his sister-in-
CRACKED
TRUE DETECTIVE MYSTERIES
HALE, JOHNSON and RIVERS,
adh /
_anged at
Troy, Alabama, 3~31-1899,
hae
c§ FITRATAGANT
hy a
ape
Dns of Compliments to
of the New Viceroy.
fe Story Brought -
y
Ay Semen tee
f) Visit. FRANCE.
8, by Associated Presa)
Feb. 25.—The “ decora-
Curzon, of Kedieston,
icerof of India, with the
r of: the Crown of India,
tinction, as the order is
erved for’ royalty .and
Secretaries of State for
‘Governors and native
matis, just received, show
has made a conquest of
seciety, and the native
x glowing tributes. The
heading vernacular paper
*a truly oriental eulogy,
t the goddesses; of Hin-
post hide their heads in
of Lady Curren; who is
gd vet In gold or a full
r autumnal sky.” ~
dus: “Her color is lke
5s whiteness stready hav-
tinge of red in the warm
country. Her teeth are
aria, ber waist is beaut.
nd her raven tresses set-
Ite complexion make her
ne, the goddesa
shaped bead is
wvaniike neck,
= purple, are ever
Jnteligence. Her
siland narrow, hér peck
Kk of a swap and her
# the voice of a cuckoo,”
y concludes with saying
hos moral and ia-
‘y | be “Christo e¢ Regina.” ‘The Prince of
Aas:
ede feeling of indignation-and sym-
Wales wil be Grand Master. *
“RUSSLFICATION: OF FINLAND.
Advices: received here from. Scandi:
avis cay the \Ceer’s decree tor the}
| Rossifcation’ of Finland’ has: awaken: |
%%
WITH THE THEATRES.
ymembers of his American pempaay to}.
appear. $8. “Zage™ In 1000,
“At'a matinee on Wednesday at St.
George's. Hal) Im. behalf of the propa-
ganda of Christianity in China and the
society to abolish foot binding among
Chinese women, a Chinese comedy was
performed in English. It was entitled
“Borrowing Boots,” which bas been a
Tavorite for cesturies on the Chinese}
[stage. It proved very entertaining.’ .
MR. CHOATES” PRESENTATION.
- It: le-expected that the new United
States Ambassador to the Court of Mt,
James, Mr: Joseph H. Choate (who left
New York on board the American line
Wednesday last) will be presented to:
Queen Victoria by the Britis’ Prime
Minister,/Lord Salisbury, on March 7
at Windsor Castle, when Her Majesty
will: hold a privy council prior to her
departure for the south of France.
Vanity Fair, however, says it ts still
possible that the Queen will not go to
Ciminez, although every preparation
has. been msde for her departure. It
seems 1% ¢ it depends largely upon the
course of events in France during the
pext few days and it is certain that
many Engliiabmen do not wish Her
Majesty to go to France just now.
The: Queen at preseot is enjoying
wonderful health save for an ocasional |
touch of rheugatiom. She 14 exempt
from the nervous headaches to which
whe was formerly a victim, ber bearing
remains very acute aud even her sight
{su atronger than that of most persons
of herage,
Pee at Cipta IY Merle a ei
CHANGES MADE. *
ed
‘Manager Frohman bas arranged for Ms
Mra’ Lealie. Carter and the principal}:
steamer St, Paul for Southampton on | :
Of her Uttle daughter, w
Examination of Enlisted. Men for
WL fi HG, med
Hm
Pa :
Two White Men ad 8 bi
| oto Convicted.
OF THB ARTES ano,
od i enmmemenientinnnnnntede i
The Negro’ Turned: State's: Bi
-: denoe, but the ‘Jury? Decided
on the Death Penalty
: Anyway; zi
OTHER IMPORTANT CASES ON TRIAL = =},
ence i
Special te the Birmingham New
Troy; Ala, Feb. 25.—Sam. Rivers,
Rich: Hale and Theo Johnson have
heen sentenced to bang March 81 for -
the murder of old Mrs, Myers and her
dangbter. in Josie beat sereral notinbare
ago. © :
Hivers turned State's evidence oni
his accomplices in an effort’'to save _
himself, bet to his surprise the Jury? %
imposed’ the extreme penalty, :
Mrs. Myers had $2,000 in gold com: _
cealed in her residence, and the trio: .
tobbed: the place, killed. its Inmates
and bummed’ the house. Rivers is a
Begro. a:
Marion Roberts is on trial for Lie.
and may hang:
Ike Parks, who. shot Jim Sikes, wil)
he tried today. Gon. Willam C. Oates
and Col. A. A. Wiley, of Montgomery,
will sppear for defendant.
SET OHILD AFIRE.
Act of a Negro Girl Six Years
Old. Little One is |
Dead.
Special to the Birmingham News.
Tuskaloosa, Ala, Fed, .—Lug Cook,
@ respectable colgred woman who Nyes
ob the Feok place, pear town, left
howe yesterday uprotag for ber work,
leaving her Syeat-old ¢ tp charge
fo about .
The girl poop v
GO yvare of age.
epared
r, Mrs.
vears
1e cold
‘lothes.
Maw!
ik. She
w that
wound
to the
hat of
ster-in-
STERIES
law, only thirty, but also a widow. She
was dead from head wounds.
Sitting propped up against the tree
was John Cook, 23-year-old hired man,
and third occupant of the blazing house.
He too had suffered cruel head wounds.
He was pressing his forehead between
his hands and swaying back and forth,
conscious but plainly unaware of the
scene about him.
Myers was numbed by the tragedy.
He got slowly to his feet and beckoned
to a woman standing near by. “Can't
This building (above), ad-
jacent to the burned home,
once housed the slain wo-
men’s store. Near here
the barefoot tracks and a
cracked footprint were found
J.B. Myers (left), pictured
years after the crime,
dreamed that his mother
was in danger and calling
his name. He awakened to
find that she and his sister-
in-law had been murdered
you do something?” he pleaded. To a
man standing near her, he said:
“Get a doctor—get some mattresses.
Hitch up a team and we'll take them to
my place!”
By this time neighbors were arriving
from all directions. Several men formed
a bucket brigade and supplied water to
those on the roof of the little store acdja-
cent to the burning home. Myers satis-
fied himself that the store and other
buildimgs would be saved, and then gave
full attention to his stricken parent. He
tenderly bathed her wound, and helped
lift her to a inattress on the floor of a
wagon. All three victims were moved
to his farm.
The place was Pike County, near the
town of Tro, in southeastern Alabama
and it was abc at the middle of December.
There were 1) telephones in this rural
community in that day, and it was after
dawn before =heriff Sam Reeves and his
brother, Chic: Deputy Jim Reeves, ar-
rived from th: county jail. Nearly 300
men and wonien, many of them friends
and neighbors. were standing around the
ruins of the rather pretentious farm
home, soberly speculating about the pos-
sible identity of the murderers. The
officers sensed the undercurrent of feel-
ing, and knew that the men present
would take m:iters into their own hands.
were the guiliy ones within their reach.
The Sheriff made a careful search of
the premises, but any tracks or other
clues that might have been left by the
killer or killers, appeared to have disap-
peared beneath the feet of the curious,
From the first arrivals who were still
present he learned that the clanging din-
ner bell had aroused the countryside.
One neighbor, T. J. Johnson, thirty-five.
who with his farmhand, R. F. Hale, also
thirty-five, hac (Continued on page %)
FOOTPRINT
May, 1941
CRE RRS SES EE:
67
Bs as ve
GRIMES, James, white, hanged Crocketsville, Russell Co., 1841.
“The first circuit court ever held in Crocketsville was in a tenement house, still standing,
on the premises of Mr. Robert P. Baldwin, in 1841. During that year James Grimes was |
convicted and sentenced to be hanged for the murder of Bush Crowder. This was done by the last
court that was held in Girard. The condemned man was brought to Crocketsville, and he was the
first person hanged in that place. The circumstances of this case were peculiar and created
sympathy for Grimes. He had just completed a term in the Georgia penitentiary for a crime of
which he claimed he was innocent, and the scales of justice were turned against him by the weight
of the evidence given by a witness who, Grimes asserted, had maliciously testified falsely. The
conviction so completely demoralized Grimes that he resolved to kill the witness if he ever met
him and so expressed himself, which was proved on trial. Shortly after the expiration of his penal
term he met Mr. Bush Crowder in Mr. Cox’s store in Girard, and supposing him to be the man
who had testified against him, cut him to death without warning. Mr. Crowder was nsot the man,
and Grimes had, through mistake, killed one who had never done him an injury, real or fancied,
and against whom he cherished no enmity. Under the circumstances the jury could not ignore the
fact that murder was in the man’s heart and that murder was the result of the act. Under similiar
circumstances he might make a similar mistake. This, the first extreme plenalty ever executed by
the arm of the law in Crocketsville, was the most public of any had there since. The courthouse
was then in the process of erection. The scaffold was erected on the northeast corner of the
public square, just across the street from the hotel. The late Hon. B. H. Baker was acting sheriff
and sprung the trap. The hanging was witnessed by a vast concourse of people.”-” The History of
Opelika and Her Agricultural Tributary Territory-Embracing More Particularly Lee and Russell
Counties, from the Earliest Settlement to the Present Date,” by Rev. F. L. Cherry; The Alabama
Historical Quarterly, State Department of Archives and History, Montgomery, AL, Vol. 15, No.
2, 1953, page 446.
Spring tlowever, the uogs
unable to pick up the trail.
thirty Boy Scouts ‘from
Rotary joined in the search.
Near the scene of the crime,
there were evidences that the girl
had been dragged through the
woods, but beyond that the posses
were unable to follow the trail.
Miss Luck’s handkerchief was
found in an outhouse a short dis-
tance from the road. It was here,
the negro confessed, that he first
_ criminally attacked her. He con-
fessed to a second attack and told
officers that he carried’ her to a
creek where he held her head
_wunder wateruntil she drowned...
The body was found this morn-
ing in a small branch that flows
into Chewalla creek, adout a mile
and a half west of Eufaula and
more than a mile from where the
girl was seized.
Eufaula was thoroughly aroused
over the brutal double crime and
many citizens stayed up ali night
to aid in the search.’ Hall was
arrested at his home jus: off tne
Country Club road. Suspicion
‘pointed to him because of another
crime he allegedly committed
some months ago against a woman
of his owp race. However, the
evidence was not sufficient to con-
vict him and he was set free.
He was employed by Mr. Sid Foy
in pulpwood operations in this
section.
Miss Luck was the daughter of
(Mr. and Mrs. W. J. Luck, who
came to this section from Tusca-
loosa in i935. She had eight
- brothers and:two sisiers. Three
of the brothers are in the Army
while a fourth has just returned
from the Southwest Pacific. She
attended Eufaula high school
where she was a favorite among
her friends. She weighed bout
150 pounds.
Footprints in the dirt road in-
dicate that the girl was running
when overtaken by the negro.
There were unmistable signs that
she battled fiercely against the
negro’s superior strength. Morti-
‘cion J. J. Jaxon brought the
corpse to Dowling Funeral Hom
early this morning. :
Buck Jernigan, one of 15 in the
squad that found ithe body, said
the girl was lying face up in water
about 15 inches deep. The only
bruises found were fingerprints on
her neck; Mr. Jernigan said,
WANT IMMEDIATE TRIAL
Chief McCullohs said today that
.Governor Sparks would be asked
for a special term of circuit court
to try Hall as quickly as possible.
No threats have been heard but
there have been many small
groups of citizens gathered in
different parts of the city. There
is no doubt about their feelings
toward ihe negro slayer.
It was just 16 years ago, July 10,
that Jack Hines was slain and his
girl,companion assaulted by Les-
™ ter Bouyer, negro. Bouyer was
arrested near Speigner prison and
brought back here for trial. Feel-
ing ran high and the state sent
267 National Guardsmen to pro-
tect the negro. His tnial lasted
less than two hours and 30 days
later he died in the electric chair
were}
Later, |
Camp
3
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at Kilby. : ,
The Bible school commen:ice-
ment. at Friendship Chapel vill
be held Friday evening 2: 8
o’clock. The public is cordially
invited to enjoy the program. The
school has been in session for
zwo weeks and the total enroll-
ment of pupils was 63. The great-
er portion of these have met: the
requirements and will-be present-
ed certificates. During this service
the rite of baptism will be ad-
ministered to some who are unit-
ing with the church. ;
Friday the school will be taken
on its annual picnic immediately
following its morning _ session.
All children who have attended
have been invited to this. A good
picnic dinner is prepared for them.
Those working in this school have
been Mr. and Mrs. Lawson New-
man, ‘Mrs. E, M. Doughtie, Miss
Janie McNab and Rev. C. W. Ses-
sions.
More Meat For
Civilians, OPA
Office Announces
OPA’s move in increasing by
ten per cent the amount of cattle,
sheep and lambs that Class 2
slaughterers may kill during ac-
counting periods beginning July
1 or thereafter, is a result of the
Army’s recent reduction of set-
aside orders, District Director
Irby A. Jones explained today.
The increases applied to quota
bases set according to the amount
of slaughtering done by individual
Class 2 slaughierers during the
corresponding period of 1944, raise
the maximum percentages of cat-
tle from 75 to 85 per cent. For
sheep and lambs, the former 100
per cent maximum is raised to
110 percent, the OPA official stat-
ed, ‘
There are no changes in the
slaughter percentages for hogs
and calves, which remain at 50
per cént and 75 per cent respec-
tively, Jones added. ;
Residents Cppose
Erection Of Cafe On
North Eufaula Street
At its regular session Tuesday
night, the city council postponed
action on ‘a building permit to
Gregory Pappas for the ereciion
of a building on North Eufaula
street. Residents of the street
opposed the request and the
councilmen voted to postpone ac-
tion until City Attorney. Clayton
returns.
Mr. Pappas stated that he want-
ed to use the building for a cafe.
The Howard Dayton Hotel Cor-
poration has leased the building
now occupied by Pappas Cafe and
will take over September 1. The
corporation will convert it into
a coffee shop.
Mr, Pappas recently purchased
the Milton residence and vacant
lot adjoining the Duncan Chev-
rolet Company and asked per-
mission to erect a building on the
vacant lot. ,. ;
of Hitler's own elite body
most destroyed in the war Nazism
brought to Germany. The capi-
iial’s sullen, subdued people lined
up for food and labored in long
work-lines. :
The raising of the Stars and
Stripes symbolized the partial
occupation of Berlin by the U.
S. Army. Old Glory went up be-
side the red flag of the Soviet
Union,
Turning the American occupa-
tion zone over to Gen. Omar N.
Bradley, commander of the U. S.
12th Army Group, the Russian
commander of Berlin, .Jaj.: Gen.
(Nikolai N. Barinov, said:
“The raising of the American
flag side by side with that of the
Soviet Union symbolizes not only
‘the unity of the past but in a
greater sense the further fight
against Fascism and for democ-
racy.”
In brief, terse sentences, Brad-
ley replied:
. “This victory is made possible
by all working together. Hope
our close relationship will con-
tinue so that never again will it
be necessary to conquer any na-
tion as was necessary in the case
of Germany, which desired to
rule her neighbors.”
The huge Adolf Hitler parade
ground, famed in imperial times
for the drilling of the Kaiser's
cadets, was jammed with troops.
With Bradley was Maj. Gen.
Floyd L. Parks, commander of
the U. S. First Airborne Army,
who has been named American
commander of Berlin, and
French Commander Maj. Gen.
Geoffrey De Beauchesne,
The honor guards were an in-
fantry battalion commanded by
Lt. Gen. Robert F, Brockman, of
Indianapolis, Ind., of the U. S.
Second Armored Division, and a
Russian Berlin guards battalion
under Maj. Vassily Demchenko,
Soviet hero who forced the cross-
ing of the Dnepr River.
In a well - modulated voice,
Stocky.Gen. Barinov turned the
American zone over to Bradley
and Parks and, paying tribute to
American aid to Russia, said that
the “Soviet Union always felt
gratitude for the help given by
the United States.”
Clio Soldier
Battling Japs In
Northern Luzon - ;
MANILA, July 5.—Private Bob
J. Long, son of Mr. and Mrs. W. T.
Long of Clio, Ala., has arrived
in the Philippines and has been
assigned to the famed 32nd (Red
Arrow) Infantry Division.
Veterans of the division, under
command of Major General Wil-
liam H. Gill, have had 119 con-
secutive days of combat in the
precipitous Caraballo mountains
of Northern Luzon. A. total. of
9,000 Japs were blasted from their
holes as the 32nd drave forward.
Private Long, who is serving in
Company E of the division’s ‘crack
128th Infantry Regiment, entered
the Army in November, 1944, and
left the states for overseas duty
in May, 1945.
of | ession,
guards, Berlin lay in ruins, al. |
|
capressed Cu
dence the San Francisco cha:
would go a long way toward
end.
The 11 ex-servicemen who
turned to civilian life in time
participate in the 1945 legislat
session. just ended voiced be
‘the military experience wo
prove valuable in their lawm
ing functions, and predicted \
erans of ‘this war in genc
would take a more active part
governmental affairs.
A few unhesitatingly advoc
ed special consideration for
turned soldiers and sailors; oth
were reluctant to five veter
too great an advantage over th
engaged in war-vital work.
Only Sen. Elvin McCary,
Calhoun County, opposed keep!
a large standing defense force
peacetime. McCary, who fou:
in the Pacific with the Na
advocated instead a moderz
sized unit of highly trained s:
cialists and a large reserve.
The others—Sens. Lawrence
Andrews, Bullock; Reuben Ne
ton, Walker; Douglas Brov
Dale; Preston Clayton, Barbo
Vincent Kilborn, Mobile, <
Reps. R. H. Bennett, Barb:
Earl McGowin, Butler; Char
Weston, Barbour; Robert
Brown, Lee; and J. L. Por:
Henry — declared the natio
safety lay in keeping a siza
body of men constantly un
arms. ‘
Kilborn proposed a large
force as well.
Lone dissenter against mak‘
the Axis partners kneel down
tough peace terms was Repres:
tative Bennett, who said he wa
ed “as fair a peace as possib!
He did not explain why.
Weston, on the other hand ,si
“Exterminate them, It is the o
sure way to prevent another w:
The others generally agr
harsh punishment is necessary
break the enemy’s spirit of r
tarism.
_Typical of the reasons for
vocating universal military tra
ing was this by Douglas Brow
“So that every man will kr
what war and military activ
are and be continuously on gu
to see that the country is }
pared for all emergencies.”
Those who contended
training should be given by
Army outnumbered the coll
proponents two to one.
Senator Andrews, for insta:
favored the Army plan “so t
there will be no distinction
tween those able to attend «
lege and those unable to go
college.” ;
A believer in college milit
training, Senator Clayton, «
tended, however, that “milit
education can be combined
general education. The peacet
U.S. Army is not a good influe:
on 18-ycar-old boys.”
Clayton, a reserve officer, w
into North Africa with the U.
invasion army. He remained ov
seas two years.
All the veterans have been «
charged except Kilborn, who is
inactive status as a military
lice . officer. — Rex. Thomas,
Montgomery Journal.
will
©:
.A CITIZEN AND TIMES AND NEWS.
™ WORLD NEWS, SPECIAL ILLUSTRATED FEATURES.
\LABAMA, TUESDAY, JANUARY 22, 1946
NUMBER 81.
vurieen Killed
Gree'z Raids.
‘ight Wing Group Of
-overnment Stages Bloody
aids On Hostages
“HENS, Jan. 22.— Fourteen
ges have been killed by
bers of an extreme right wing
‘p who have barricaded them-
‘s in a mountain village 10
5s northwest of Kalamai (Ka-
ita) after rejecting a surren-
‘ultimatum, the Greek govern-
t said last night. eS
‘e ultimatum gave the insur-
s until 4 a.m., tomorrow, to
ender or tbe attacked by gov-
nent troops.
evanwhile the KKE, political
au of the left wing party, is-
a statement .accusing the
‘sh of responsibility for mo-
ho - fascist terrorism in
‘ce” by directly: or indirectly
lying weapons to right wing
rents, ‘
:¢ announcement called upon
neople to proclaim.a general
ce and take up arms.
\Kalamai itself, order jas re-
i fully, the government said,
the arrival of substantial
‘acements, but skirmishing
“@ported on the outskirts of
ay between! government
“4@a and rebel. monarchist
‘wldr of Public Order Sta-
Sfvarkouris ordered troops
Fe apmMcric to: rescue 150
‘ aay said were held in the
Bar mountain position by
Beet Msurgents. The
“emesayor of Kalamai ap-
Ait success for release
ss, taken in a Kala-
Rarday.
fmid carlier a state
A had engulfed the
hand that martial
Miugney Proclaimed «in
Ae teononesus. The
WA Crete, opened
fhe royalists in
3
et
WA Teported to
of
Sx
ona
pase 5
41
, A
Pot
Ft
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Pas
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AMEN, Were
ed. Most of
Kall Admits
Drowning
Young Girl |
Local Negro Is Put
To Death In Chair
At Kilby Prison
Peter Paul Hall, negro slayer
of Miss Ethel Luck last July 4,
was put to death in the electric
chair at Kilby early last Friday
morning. Strapped in the chair,
with only a few minutes to live,
Hall confessed that he killed the
girl. ‘He was pronounced dead
at 12:15.
At a clemency hearing before
Governor Sparks last Wednesday,
Hall denied that he killed the
pretty: textile worker, blaming
the crime on a white man and
later changed it to two mhite
men. Governor Sparks asked the
negro to name the men, promis-
ing a reprieve and investigation
but ‘Hall refused to do so, stating
that “they might kill some of my
people.”
Hall, after attacking the girl
while she was enroute to her
home early July 4, dragged her
about two miles and held her head
under water until she drowned.
Hall was arrested about 3 am.
on July 5 and confessed the kill-
ing, telling officers where the
body had ‘been left. It was found
in the creek. about daylight the
next morning. Hall was rushed
to Kilby prison where he was
held until a special term -of court
convicted him and Judge Williams
sentenced him to death. About
seventy highway patrolmen and
sheriff's deputies were on guard
at the trial.
The Case automatically went to |’. ;
life sentence imposed on Huey R. |:
the state supreme court, where
the verdict of the lower court
was affirmed,
Employment Service
Jobs For
LSA Pry
Barkley Sees
Cavitol Peace
Democratic Leader Says
He Is Certain Congress
And Truman Will Agree
‘MIAMI BEACH, Fla., Jan. 22.— |
Sen. Alben W. Barkley (D-Ky.)
said yesterday he did not believe
there was a “serious rift” ‘between
President Truman and Congress
despite opposition of many law-
makers to the President’s domes-
tic proposals, .
“There is nothing basic about
the rift be‘ween the President and
Congress,” the Senate majority
leader said in an interview. “I
don't think it is as large a rift
as the country is led to believe.
“Mr. Truman was in the Senate
ten years and he knows the Sen-
ate and the ‘Senate knows him.
“I see no reason why they can-
not work out a solution to their
problems with reasonable prompt-
ness and effectiveness in the near
future.”
At the same time Barkley
chided southern Democrats for us-
ing a filibuster to oppose the fair
employment practices commis-
sion. He said he favors the FEPC
and intends to vote for it.
“I’m hoping the Senate will find
a way to vote promptly on the
question,” he said. “With all the
problems now facing this coun-
try ,the Senate does not add to
its standing by futile reading of
the journal or a meticulous ex-
amination of the phraseology of
the chaplain’s prayer.”
Barkley said he was opposed to
filibusters ‘because they are “a
legislative anachronism.”
Huey Lee Case
Again In State
Supreme Court
MONTGOMBEKY; Jan: 22. — A’
Lee, Jr., of Barbour county for
the death of his father was under
attack again Monday in the Ala-
bama Supreme Court.
Lee was convicted of the shot-
gun slaying of his parent, a for-
mer probate judge, in 1943, and
subsequently
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Power Co.
Will Spend
g Millions
Martin Announces
Improvements And
Extensions This Year
BIRMINGHAM, <Ala., Jan. 22.
—The Alabama Power Company
announced yesterday: that it would
spend more than $8,000,000 dur-
ing 1946 on: improvements, re-
placements and extensions and
said half of the sum would go
for electrical lines in rural com-
munities, \
By the end of 1946, the com-
pany said it hoped to have 3,200
miles of new rural electric lines
in operation. The figures include
some line mileage added during
the latter part of last year.
Thomas W. Martin, president,
said experiments on power line
telephones such as those recent-
ly placed in operation in a rural
section of Selma would ‘be con-
tinued. Alabama Power and the
Southern Bell Telephone Com-
pany are jointly engaged in the
project, Martin said.
The Power Company’s budget
for 1946 provides for the pur-
chase of new equipment at gen-
erating plants, the erection of a
number of new substations, and
“the construction of other fa-
cilities to serve the increasing
electrical needs of industrial,
commercial, farm and residential
customers,”
The company also has allotted
funds for buying 155 automobiles
and trucks. Part of them will be
used for transportation to con-
struction works, and the others
will replace worn out équipment.
Martin in ,a statement of the
expansion program, declared:
“Our program is, of course, to
some extent dependent on gen-
eral business conditions. The de-
gree to which we can carry it
out depends largely on our ability
to get the necessary materials
and equipment.
eters: 943 we will continue
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AULA
AND EUFAULA CITIZEN AND TIME
HOME, STATE, NATIONAL AND WORLD NEWS, SPE |
EUFAULA, ALABAMA, THURSDAY, .
snite Girl Criminally
Assaulted And Drowned:
Negro Rushed To Kilby —
Peter Paul Hall, Seized In Bed This
Morning, Confesses
To Double Crime At
Lonely Spot Two Miles West Of Eufaula
Peter Paul Hall, 23-year-old negro, was rushed to Kilby
prison at 4 o’clock this morning following this confession of
' criminally assaulting and drowning Miss Ethel Luck, 17-year-
old white girl, about 7:30 o’clock yesterday morning. The
negro was arrested on suspicion, but after
questioning, contessed the crimes.
a few minutes’
Miss Luck, employe of a local textile mill, was enroute
to her ‘home, about two miles west of Eufaula. :
work at 6:30 and was walking home with Miss Margaret Cul-|’’
She finished
pepper and Fred Culpepper, also employes of the mill. The
other two stopped at their home about three-quarters of a
mile this side of the Luck home and Miss Luck went on
alone. Her father usually meets here, but was late yester-
day morning. He heard her scream and rushed up the road
where he found evidences in
' Mr. Luck immediately notified
Eufaula officers and they called
Sheriff Green, highway patrolmen
from Dothan and the bloodhounds
from the convict camp at Union
Springs. However, the ‘dogs were
unable to pick up the trail. Later,
thirty Boy Scouts from Camp
Rotary joined in the search.
Near: the scene of the crime,
there were evidences that the girl
had been dragged through the
woods, but beyond that the posses
were unable to follow the trail.
Miss Luck’s handkerchief was
found in an outhouse a short dis-
tance from the road. It was here,
the negro confessed, that he first
criminally attacked her. He con-
fessed to a second attack and told
officers that he carried her to a
creek where he held her head
under,.wateruntil she drowned. .
The body was found this morn-
ing in a small branch that flows
into Chewalla creek, about a mile
and a half west of Eufaula and
more than a mile from where the
girl was seized.
Eufaula was thoroughly aroused
over the brutal double crime and
many citizens stayed up al! night
to aid in the search. Hall was
arrested at his home jus: off tine
Country Club road. Suspicion
pointed to him because of another
crime he allegedly committed
some months ago against a woman
of his Owp race. However, the
evidence was not sufficient to con-
vict him and he was set free.
ife was employed by Mr. Sid Foy
‘n pulpwood operations in <his
section. ‘
the dirt road of aistruggle.
Commencement ‘At
Friendship Chapel’
Tomorrow Night »
The Bible school commence-
ment at Friendship Chapel. will
be held Friday evening at 8
o'clock. The public is -cordially
invited to enjcy the program. The
school has been in session for
two weeks and the total enroll-
ment of pupils was 63. The great-
er portion of these have met the
requirements and will be present-
ed certificates. During this service
the rite of baptism will be ad-
ministered to some who are unit-
ing ‘with the church. :
Friday the school will be taken
on its annual picnic immediately
following its. morning _, session.
“All children who have ‘attended
have been invited to this. A good
picnic dinner is prepared for them.
Those working iin this school have
sions.
man, Mrs. E, M. Doughtie, Miss
Janie McNab and Rev. C. W. Ses-
'
More Meat For
Civilians, OPA
Office Announces
OPA’s move in increasing by
ten per cent the amount of cattle,
sheep and lambs that, Class 2
slaughterers may kill during ac-
counting periods beginning July
oe ee
Se Tee Te are
been Mr. and Mrs. Lawson New- |
Old Glory
Flies Over
Nazi Capital
. Receives Thanks Of
Russian Leaders
BERLIN, July 5.—The Ameri-
ean flag was raised over Berlin
yesterday in the same bloodstain-
ed Barracks Square where Adolf
Hitler’s enemies were purged in
mass éxecutions by the gestapo
ll years ago.
Outside the parade grounds
of Hitler's own elite body of
guards, Berlin lay in ruins, al-
most destroyed in the war Nazism
brought to Germany. The capi-
ttal’s sullen, subdued: people lined
‘up for food and labored in long
work-lines. :
The raising of the Stars and
Stripes symbolized the partial
occupation of Berlin by the U.
S. Army. Old Glory went up be-
side the red flag of the Soviet
Union,
Turning the American occupa-
tion zone over to Gen. Omar N.
Bradley, commander of the U.S.
12th Army Group, the Russian
commander of Berlin, -Jaj...Gen.
Nikolai N. Barinov, said:
“The raising of the American
flag side by side with that of the
Soviet Union symbolizes not only
‘the unity of the past but in a
Sreater sense the further fight
against Fascism and for democ-
racy.”
In brief, terse sentences, Brad-
ley replied:
. “This victory is made possible
by all working together. Hope
our close relationship will con-
tinue so that never again will it
be necessary to conquer any na-
tion as was necessary in the case
of Germany, which desired to
rule her neighbors.”
The huge Adolf Hitler parade
ground, famed in imperial times
Solons Demand
Hard Nazi Peace
Clayton And Weston Join
Nine Other Veterans In
Discussing The Terms
The United States should de
mand a “hard peace” for Ge:
many and Japan and keep a larg:
postwar standing army and nav:
to help enforce it, says member:
of the ‘Alabama Legislature whi
have served in World War II.
Further, they agreed in repl:
to an Associated Press question. |
naire; a policy of compulsory
peacetime military service is es-
sential as a means of prepared-
ness against possible future ag.
gression.
They differed, however, or
whether credit ought to be given
for college training.
The peace treaties at the con-
clusion of the present conflict,
the legislator-veterans declared.
should be dictated in part by the
men: who fought the war.
They gave their unqualified en-
dorsement in ‘the principle of an
international pact to prevent ag-
gression, and expressed confi-
dence the San Francisco charte)
would go a long way toward that
end.
The 11 ex-servicemen who re-
turned to civilian life in time to
participate in the (1945 legislative
session. just ended voiced’ belief
the military experience would
prove valuable in their Jawmak
ing functions, and predicted vet-
erans of ‘this war in general
would take a more active purt in
governmental affairs.
A few unhesitatingly advocat-
ed special consideration for re-
turned soldiers and sailors; others
were reluctant to give veterans
too great an advantage ovér those
engaged in war-vital work.
Only Sen. Elvin McCary, of
Calhoun County, opposed keeping
a large standing defense force in
peacetime. McCary, who fought
in ‘the Pacific with the Navy,
advocated instead a moderate-
sized unit of highly trained spe-
cialists and a large reserve.
The others—Sens. Lawrence K.
Andrews, Bullock; Reuben New-
ton, Walker; Douglas Brown,
Dale; Preston Clayton, Barbour;
Vincent Kilborn, Mobile, and’
Reps. R. H. Bennett, Barbour
Earl McGowin, Butler; Charles:
Weston, Barbour; Robert H.!
Brown, Lee; and J. L. Porter,
Henry —.d
t
eclared the nation’s j
in keening zabie
safety la
"Executive Department,
ll March 1858.
The Sheriff of Mobile County is directed not to execute the
sentence of death on the boy Godfrey until the 9 of April next.
Regular respite sent by mail this day.
/s/ A. B. Moore."
Notation on reverse: "Copy of Dispatch to respite boy Godfrey,
Mobile."
"Executive Department 4 May/58
The slave Godfrey who was convicted and sentenced to be hung
at the last term of the city court of Mobile is further reprieved
and the execution of said sentence suspended until (?) the 15th day
of July next.
/s/ A. B. Moore."
#399 31 ALABAMA REPORTS. (Jan. Tet
prevent an improper conviction in such a case.
This has been carefully done py the court
in this case, and we are bound to pronounce
a full approval of the charse.
the judgment of the city court is affirmed,
and its sentence must be executed.
=o —
31 Ala. 329.
CORBETT vy. THE STATE.
INDICTMENT FOR LARCENY FROM STORENOUSE.
1, Larceny of pank-bills.--Tank-bills may be
the subject of Jarceny from a storehouse, under
section 3170 of the Code.
[Cited in Parker ys. State, 39 Ala. 366; Sallie
y. State, Id. 692.)
[See 22 Cent. Dit. Larceny, 8 to
©, Proof of genuineness and valuc of foreign
bank-vills.—A convic{ ion eannor be had for the
jJarceny of foreign bani-bills, without proof o
*330
their genuine™ ness and value: yet these facts
may be established, without the production °
the act of incorporation. OF proof of the hand-
writing of the bank’s officers. by the testimony
of the person from whom they were siolen, to
the effect that he received and passed them in
the course of trade at their nominal yalue. and
the testimony of others that such bills cireulaied
as money iD the community ; and this proot
peing made, the genuineness and value of the
pills should be submitted to the decision of the
jury.
[Cited in Ifughes Vv. State, 39 Ala. 862; John-
son ¥. State, Jd. 3795 Jyuvall v. State, 63.
Ala. 16.)
[See 32 Cent. Dig. Larceny, § 155.)
3, Charge invading province of jury, or cal-
culated to mislcad them.--A charge to the jury
in a criminal case, ignoring & material fact 98
a constituent of the prisoner S$ guilt, or asserting
that certain facts, hypothetically stated, would
make out a prima-facie case against him, i8
erroneous.
[Cited in Gooden vy. State. 55 «Ala. 4S1;
Woodbury VY. State, 69 Ala. 240, 44 Am.
Rep. 515: White v. State, 72 Ala. 200.]
[Sec 14 Cent. Dig. Criminal Law, gg 1755,
4. Efiect of prisoner's declarations as evi-
.
denoe.—WV hen the prisoner’s declarations have
before the jury, and duly considered by them;
yet it docs not follow, “that the declaration so
adduced in evidence must be taken as true. if
there was no other evidence in the case in-
.
compatible with it.”
[Cited in Levy v. State, 49 Ala. 34; FBiland
vy. State, 52 Ala. 335 %« MeAdory ¥- State,
62 Ala. 165.1
[See 14 Cent. Dig. Criminal Law, § 862.)
[5. Cited in Noble v. State, 59 Ala. Si, to
the point that bank and treasury notes are em-
braced in the generic term, “money.”
From the Circuit Court of Perry.
Tried before the Hon. ©. Ww. Rapier.
The prisoner was indicted for the larceny
of & “gue dollar bill of the bank of East
Tonnesse¢; of the value of one dollar, and a
ten-doliar pill of the Bank of Middle Ten-
nessee, of the value of ten dollars ;” alleged
130
to have been the personal property of ¢
William W. Spalding, and to have been sto
from a storehouse. The rulings of the co
on the trial are thus stated in the bill of
ceptions:
“The State introduced Willimm W. Spat
as a Witness. who testified, in substance,
about the Ist April. isn7. he left his pt
loons in the back room of his storehour
Marion, at night, his pocket-book being i
pocket thereof; and that said pocket
contained from twenty 10 thirty doll
money, and in it were two pills, a one a
pill on the Bank of Fast ‘Tenney, il
ten-dollar bill on the Tank of Middle Te
see. The prisoner. by his counsel, ov?
to the witness speakine of the conte!
said bills, and insisted on their produ:
and asked the witness if he had them.
witness answered, that le did net have
that he had kept them for some tim:
was toid by the solleitor of the cireu!
be need not keep them, and could pas
oft if he gesired ; that he had passes
*331
off, and did not tknow where they thei
and that he had passed the ten-dollat
a citizen of Maurion. The defendant
upon his objections + the court overrul
one of the objections, and allowed thé
to speak of the contents of said bills
requiring their production ; and the a
excepted. |
“The witness then procecded to §
contents of said bills, as follows:
bills spoken of by him were on the
East Tennessee and the Bank oO
Tennessee, and were pbank-bills of
nomination above stated. The solv
ing asked him the value of said
replied, that he did not knew theiy
any other way than that he ree
passed them off, in the course of
the amounts expressed on their
that, though such bills did not
readily in the community, yet the
received and passed. The defend
to this evidence 45 to the value oe!
and excepted to the action of t}
overruling his objection. |
“phe withess further testified. >
time he so left his pantaloons i
room of his store, def endant wi!
ployment as a journeyman tailor
him, and worked in snid back To |
defendant had charge of the § |
the goods therein, at night. and |
dispose of the same. in the dav
the absence of witness and his !
man; that another journey!
name of Dyer. was also in his
at the same time; that said def
and some other persons, were
when he left it that night: that
missed his money, he believ
Hyver had stolen it. and took §
him; that for this purpose he ay
ant of his loss, who, on his rec
the defendant was bloody, on his shoulder,
and on the back of his legs and feet; that
the child was wet with water; that there
was a hogshead of water in the yard; and
that a hatchet was found, which was wet, and
s if washed,
“Gomez, the father of the deceased: De-
fendant was bought, about one year ago, for
au roars old. Believes that Js ms
Then withess reached howe, the cbhild was
ail wet; his brain was projecting from his
skull; he was cut in three places on tue head,
one on the back, one on the side, and one
on the face, of which wounds be died. There
were two young Indian boys stayine with
Lewrence Broux. some 200 or 800 vards from
the Withess: they were never at
Witness’ house before the killing; they came
to see the child.
“Jules Lenoir: Knew Godfrey; saw him
on the dey the child was killed. and on the
day before; Jie was tiving a kite, whieh fel)
in witness’ garden, and he came into the yard
to get it. When he bad gone out, the ehtld
tried to take the string; Godfrey threw
brick-bats at him, and knocked him dewn;
and witness then went out. and made him go
off. Godfrey said, he would kill bim any
way. On the day of the killing, witness
heard a cry at the house of Gomez, and went
*325
over there; saw blood in the yard, *near
the gate, and a trace on the ground as if a
body had been drawn ulong on it; saw the
hogshead of water; went into the Louse,
and saw the child, (describing it as before ;)
and saw a hatchet that had some blood on
it. Defendant had blood on bis shirt, panta-
loons, and feet. There were no Indians
about there, except at the house of Broux.
Godfrey was in a passion when he said he
would kill the child. When witness went to
the house of Gomez, all the witnesses now
here were there; saw the batchet wet: the
child was wet all over; the defendant was
wet on the legs.
“Lawrence Broux: Had two little Indian
hoys living with him, who were with him
when he heard the screnms at the house of
Gomez, and had been with him all the
morning. Heard Mrs. Gomez sereaming, ‘My
ehild is dead,’ and ran over there. Defend-
ant said, that an Indian bad done it. Wit-
ness asked him where the Indian was: and
be replied. that ‘he was aiman and ran that
way, pointing. Saw the axe: no blood on
it except at the eve. Saw the child. (describ
ed as before.) the blood in the yard, and
where it appeared as if the body had been
drawn on the ground. Defendant is a smart,
intelligent boy; ‘heap smarter than boys of
twelve years generally are.” Defendant said
that the Indian ran into (ho yard where the
wood-pile was, and touk the axe and Killed
the child.
“Suzan testified Hke the others: except
that he said, he beard the child cry out, and
128 :
houre of
81 ALABAMA REPORTS.
(Jan. Term,
crying as if he was moving from one place
to another while crying.
“Joseph Broux: Is thirteen years old.
KKnew Godfrey and the child Lawren:e, and
often played with them. On the day of the
killing, in the evening, Godfrey said, that he
had kitted Lawrence because he bad broken
his kite, and he would do it ogain if they
did not hang him,
“Calderon: Ueard Lawrence crying but
was busy, and did not look uniil Tre licard
Mrs. Goinez ery out, when he weut over to
the house. (Testified as the others had done.
; except that he saw Godfrey and Lawrence
' together shortly befoere.y) Godfrey said, tliat
, an Indinn bad killest hin with a listehet.
| #226
| #"Mrs. Gomez, the mother of the deceased
| child, testified, that the defendant had exare
of the children; that she dad gone acre ss
ithe street to visit a nefgthor and had te't
| the deceased with the defendant; that ste
had been gone but about five minutes, when
she beard seresuos, apd Godfrey came to bev,
saying that Lawvence had been sauexy to an
that the Indian had) killed iim
do had left him in the gutter
by the side of the road; that she went home,
and found the child in the yard, lying near
by a barrel of water, and in the condition
described by the other witnesses.
“Win. Sampson, on the part of the defend-
ant. testified. that the boy had been a good
deal at his house, but not within the past
two vears and six months; that he thouchf
his disposition was kind and gentle, and that
he was about ten years and six months eld.
Some of the witnesses testified, that he was
very smurt of his age. It appeared, als»,
that no Indian had been about there on that
day, except the boys of Broux.
“Mrs. Cox testified, that she had owned the
boy, and sold him to Mrs. Stuart. the grand-
mother of the aca Bbort One Vvear ago:
that he is yin duly,
oes) 6othat he was the nurse of r :
she never saw anything unkind ftom hina
to tine ebild; that she never any bad
temper about him; and that he did not seem
to be very smart, but about as boys usually
are,
“The court charged the jury, among other
things. that if they were satisfied that the
defendant was the guilty agent, and that
i the charge was established as alleged in thie
i indictment, they inust ascertain whether the
defendant was of sufficient age and intelli
leronce to be capable of connnitting the oTense.
und to be held accountable for Lis vets; Urt
no one under the age of seven years should
be held responsible for the commission of 4
felony; that froin seven to fourteen yeurs of
age, the presumption was that a child had
not suflicient discretion or judgment to be
held accountable for his acts, when charg*d
with ao folony. but that) this presumption
that they
Indian, ane
with ap axe, an
Saw
might be rebutted by evidence;
=m
rad
a St pan ‘ ay G ” ae pet ‘ : fb ts ie
t? ee. oie a fag oe 7 om '
By < e ne PY “ ae
+ fy en ME
et a! ig " o Abe r
1858)
*327
must take into consideration his con*dition
as a negro and a slave, with all the evidence
in the case: and that unless [they were
satisticd from the evidence] that he was
fully aware of the nature and consequences
of the act which he had committed, and had
Mainky shown intelligent malice in the man-
ner of executing the act, they should render
a verdict of not guilty: but if, on the whole
evideuce, they were satisfied beyond a rea-
sonable doubt that he was fully aware of the
nature and consequences of the act which he
had committed, and had plainiy shown in-
telligent design and malice in its execution,
they would be authorized to returic a verdict
of suilty.”
The jury returned a verdict of “yiilty as
ebarged in the indictment;’ but the presiding
judge, being in doubt as to the vrepricty of
passing sentence under the circumstances of
the case, reserved the question for the deei-
sion of the appellate court. by consent of
the attorney-general, entered on the tran-
script. the cause was eonsidered as regularly
hefore the appellate court by writ of error,
und as if an exception had been reserved by
the prisoner to the charge of the court.
WALKER, J.—The single point to be con-
sidered in this ease is, whether the charge of
the court below to the jury was correct.
An analysis of that charge sbows that the
jury were distinctly instructed, that the de-
feidant, being between seven and fourtcen
years of age, was, prima facie, incapable of
committing crime; that to overturn the in-
tendment in favor of his incapacity to commit
crime, the jury must be convinced from the
evidence bevond a reasonable doubt, after al-
lowing due consideration to the fact that the
accused was a negro and a Slave, that he
knew fully the nature of the act done, and
its consequences; and that he showed plainly
intelligent design and malice in the cxecu-
tlon of the act. This charge, after an
anxious and careful examination of it, we
cannot pronounce erroneous.
An infant, ahove seven, but under four-
teen yeurs of age, is presumed not to have
such knowledge and discretion, as would
make him accountable for a felony commiited
*328
*during that period. But, If that presump-
tion is mec by evidence clearly proving the
existence of that knowledge and discretion
deemed requisite to a legal accountability,
the reason for allowing an inimunity from
punishmeut ceases, and, with it, the rule
which grants such immunity ceases. There
are many cases where children between those
ages, be.ng shown to have been cognizant of
the criminal nature of the act done, have
been punished under the criminal law. A
girl, thirteen years of age, was executed for
killing her mistress. Two boys, one nine,
and the other ten years of age, were con-
31 Ara.—9
se <% we ee, =e par siege t Sse ial
. ba EP rn, im / ah
bare ok ot 4
He3
|
GODFREY v. THE STATE.
*€.
*
*329
victed of murder, because one of them hid
himself, and another hid the dead body; thus
manifesting, as was supposed, a cons ious-
ness of guilt, and a discretion to discern be-
tween good and evil. A boy of eight years
of age, who had malice, revenge, and cunnitrg,
was hanged for firing two barns. A boy ten
years old, who showed a wischievous dis-
cretion, was convicted of murdering his bed-
fellow. 4 Bla. Com. 23-24.
In the case of Rex v. Owen, 2 Car. & P.
256, it was referred to the jury, to deter-
mune whether the act of a girl ten years old,
alleged to constitute a larceny, was known
by Ler to be wroug when it was doue; and,
upon that question, she was acquitied. Tt is
said in Hale’s Plens of the Crown, page 22,
thet one between the ages of seven and
fourtecn might be convicted of a capital of-
fense, “if it appeared by strong and preg-
nant evidence and circumstances that he was
perfectly censcionus of the nature and mailiz-
nity of the crime.”’ In an American case the
sauie principle is thus stated: “If it shall ap-
pear by stron and irresistible evidence that
he had suflicient discernment to distinguish
good fron evil, to comprehend the nature
and consequences of his acts, he may be con-
victed, and have judgment of death.”—State
y. Aaron, 4 N. J. Law, 231 [7 Am. Dec. 592].
In that case, a negro boy, who was a slave,
of eleven years, was convicted of murder:
but a new trial was granted on accuunt of
an erroneous ruling as to the com)etency of
a witness, and it does not appear what far-
ther was done in the case.
In the case of the State v. Guild, 10 N.
J. Law, 163, {18 Am. Dec. 404] a negro
*329
*slave, of less than twelve years, was con-
vieted of murder; and the report of the
case informs us, that the defendant was ex-
ecuted. In that case, the court, dissenting
froin the cautious statement of the law found
in IIale’s Pleas of the Crown, (vol. 1, p. 27,)
permitted a conviction upon confessions. In
this case, although a confession was given in
evidence, the facts proved established the
guilt of the accused so clearly, that it is
fairly inferrible that no importance wus at-
tached to it by the court or jury, and its
effect is not noticed in the charge. The ques-
tion, whether a conviction could be had upon
confessions, docs not arise, and we do not
commit ourselves to the doctrine of the de
cision last above cited upon that poiut.
All the autborities concur in maintaining
the correctness of the propositions of law
involved in the charge.—Bishop on Criminal
Law, §§ 283, 284, 285; 1 Archbold’s Crim. Pl.
3, 4, and 5, and notes; 1 Russel on Crimes,
3, 4, and 5; Roscoe's Crim. Evy. 912, 944;
Wharton’s Am. Crim. Law, 51; 1 Wheeler’s
Crim. Cases, 231 to 234. Reason, humanity,
and the law, alike required that the court
should, in its charge, throw around the jury
every guard and restriction necessary to
129
Oe a
ia
in. ‘Teri,
Cc. & P,
Green,
t the
pro-
ee sSehee,
4 ast,
‘outra.
Various
| OSS Ninny
the dis.
xenera)
eebt Inn thy.
mint jig
Sehepa]
peirtion-
* partion.
“alt of a
s + OBA x:
{ risoner,
pay thet
ubt whe
Stility %
inot be
Ne the
ture jn.
than by
t ought
Ise they
termine
‘titled:
readily
mallixy
lead,
See ee
on By,
(editicy,
VS Case,
gh, 330:
sxett y,
mer, 16
mss. Tao
lier, 15
£ thes.
VY erred
esses
he pris
ba
i e court
toimark-
} Of the
#1 dow),
Fens;
md thy
'? ) Fae oe
fal Cory.
It Was
ie oan
P Mort]
3 preyj-
to take
's. He
put to
ried to
answer them. His attending fricnds took
vpon themselves to “explain the questions
cau make the answers.” The only assent be
oll tu the answers thus made by bis friends,
ios the questions us explained by themselves,
*322 of
was “by nodding his head.” *The statement
wausists of the answers thus made by the |
criends of the deceased, and thus assented to
py him. After the statement wes thus written
out the attorney read it over slowly and
distinctly to the deceased. The only assent |
given to it by the deccased was “by nodding
iis head.” “The deceased spoke but a few
yords afterwards, and had frequently to be
sroused, and seemed, while it was being read
ott to hiin, to be in a stupor.”
It is clear that the language of the state-
went is not the linguage of the deceased:
and that the declarations contained in it
are hot bis declarations, uuless made so by
wis mere “nodding his head.” If there was |
dite
giything to convince us that he perfectly
understood the language employed in the |
statement, or that he was at the time able
« have detected any erroneous inference as
t his real meaning. which his friends might
Lave expressed in the answers given by them
and embodied fn the statement—we should
regard the assent given by nodding his head
ys sufficient. But we see nothing which sat- ! i : 1 Se) yea ;
ores / is, prima facie, incapable of ¢ mnmitting crime;
isfies us that he either perfectly understood
F language, or was able to have detected
re erroneous inference as to his meaning,
aiich his friends may have honestly drawn
Rs inaking the answers set forth in the state-
-«ut. He was just in that condition, in
‘ hich for the sake of peace, or to be rid of
the impertunity or annoyance of those around
sim, the probability is, he would assent to, or
wel to say, Whatever they might choose to
suggest. Such an assent, obtained under such
nc petstanees, by the friends on whom he
relied —not merely to a@ translation of lan-
giage he himself had uttered to express his
meaning. but to their inferences as to hig
“sv cning, couched in their own language, or
"i the language of the attorney who took
gawn the statement—cannot safely or legally
te held sufficient to give to the statement
ous assented to the force and effect of dying
delarations, In a cause Involving the life or
erty of a human being.—1 Greenl. on Ey.
5; 1nG, et seq.: see, also, authorities cited
‘ar the prisoner.
2. It scems to us that the evidence is not
ss full as it might be, in relation to the
sce of recovery or despair of life on the part
me *323
of the decensod, at the time he made *the
gelaration embodied in the statement writ-
ron out by coroner Buford, and marked No,
» Jor that rerson, and the additional one
a tthe judgement must be reversed for the
pn yrs already pointed out, we decline now to
ite whether or not there was error in
“tung those declarations. But we deem
Sia wi GODEREY (Alfred), bleekjrheanged Mabhle, Ala., 7-16-1358.
: \
it preper to remark, that they are not ad-
issible, unless the State first proves to the
court the existence of that despair of life on
the part of the deceased, at the time he
mude them, which the law deems equivalent
to a sworn obligation: that despair which is
naturally prodace:d) by an Dupression of al-
ost dunnediate dissolution, a dissolution so
hear as to cause all motives to falsehood to be
superseded by the strongest inducements to
strict: veracity.--3 DPhil. on Ev. (edition 07
1850, by Van Cott,) 251-255.
4. It is not essential to the admissibilit;
| of those declarations, that Vhilips, who signed
his name as a witness to said statement No.
2, should be produced, or his ubseuce ac-
counted for,
Vor the errors above pointed out, the judg-
ment of the court below is reversed. and
‘the eanse remanded; the prisoner must. re-
/ main in custody until discharged by due
course of law.
31 Ala, 323.
hh slave) v. WIE STATE.
And annotated in 70 Am. Dec. 494.]
INDICTMENT FOR MURDER.
1. Criminal responsibility of infant.—An in-
fant, between seven and fourtecn years of age,
but, if the evidence nvinees the jury beyond a
reasonable doubt, after allowing due considera-
tion to his age, and to the additional facet thai
he is a slave, that he fully knew the nature
and consequences of his act. and plainly showed
intelligent design and malice in its execution,
he may be convicted of piurder.
[Cited in Woodruff vy. Conley, 50 Ala. 8.6:
Martin v. State, 90 Ala. GUY, 610, 8 South.
858, 24 Am. St. Rep. S44: Met ‘ormack y,
State, 102 Ala. 163, 15 South. 438; Neville
v. State, 41 South. 1012.]
{See 27 Cent. Dig. Infants, § 172.]
From the City Court of Mobile.
Tricd before the Hon. Alex. McKinstry.
*324
*The prisoner in this case, who Was a@ slave
belonging to Mrs. Margaret Stuart, was in-
dicted for the murder of a child) named
Lawrence Gomez, whose nurse he was; the
child being four years and eleven months
old at the time of the alleged murder. The
evidence adduced on the trial is thus stated
in the bill of exceptions:
# testified, that he was near the
house where the deceased lived, and, heor-
ing screams there, went to the house; that
the child was on the floor, all bloody; that
he was cut on the face and head, three cuts,
and a bruise as if with the head of a hatchet;
that it was said there, that defendant had
siid an Indian had done it; that they hunted
for Indians, but could not find any; that
the child died; that this was all in Mobile
county, on the 86th April, 1857: that he saw
tracks. as if the child had been running, and
had been dragged along on the ground; that
127
* gett
-— eS
-
NY Spechior 7/a8|18 4°
Dispatch Srna Mobile dated OLi2. States
that Emanuel Frique h Veter Parrino of
4p beng Here on (¢/32 for ax murder oF
a ue portner of Frique in an oyster
OO
Alabama ede Y OO
doit ds i. :
PES ed! ge aoe RBD aS
ia at S fro 2a a me iets Pvt a , ,
Dee eet ae: Hedi gest ts tet nS ie ery ear eae
a Be ee at ide heya tee
™
®
ay a
SHS BAe ait
Saas a Sc
nibs Sa AR tly, sar pctidptn- 5 cngin a
seers. oe
¥
1
iH
}
al and -
i RS Ly,
reatment
4
ts
Sb Ne ES ty 09
Me Pe he
. , | i WILL OLSON |
ae fb ¥ ee
a mae
‘ ' : {re
; Fae Bie os ‘ My 4 i! e
| Of the’ Crime, _ Acknowledging | wite and
© That Ho Gave the Oflcer
alt
ef {RPemmed, |) oh je
x six) minuted from ‘strangulation, ba
| | [roblst ab he looked sean cit eet Looks thingie socks ionnd paming the} Cell |
For the Marder of the Late
Robert Warnock.
D
is
os
He MADE & CLEAN. BREAST
meee \
~ > So Chance for His att
a avg \ Fak pity Bhs More n
ee Life. ’ did Golson. He ap- Gove “ oe
Bh yah peared to have not the slightest fear ‘ A
BE LT BG Eero |, , and seemed ree the new toes ty
ee tt , | State ‘into which b to enter 2 S36 aphid
OO0h AND CONFIDENT’ OF MERCY |(o'venetter than ons cee Sa ere pater w
4 ERAS ati Seen Poe in | Rt ite Pabst als yee wee Srearn | P4OK® Can
acl bith a iced were I. 8.
th of Robert Warnock, the da, and Jacob Barr.) Mayor b¢ Grand
Jedge Pry.
3h Deputy Sheriff, has been x4
hearing
ha
b to the gab] ©
}
te. Cc
| At 2048: o'clock this morning Will 9 } TWO su
_4 Folsom,” golored, was: hanged in the} y, ! 6, im the prese: hile the’ trep. ly fell and'ho| They Slept
yard of ithe’ county: jaile”“H died eh i he Whie
| ash érulle playing across hit face Frankfort,
othe bkick: cap was drawn
pacealing his features, He dled in
neck not being, broken. eet
{The trap was pitied Bbibrontal ei HRN ay
ak P. OBrien, At his fy 80'DS |” The tte ‘of the. klldizig: of Mr-- War nation and opened his eyes ofily to tind
reed back the lever and let the Bleek |. 11" es tala by Oase neene af-| bimnself still in the narrow cell dnd the winbaten
shoot through the opening, stood Jerhoon, was: ay follows: “¥eg 9° | BOUr Of denth several days off, Rit o> thi thes
& Bob! Warnock, tbe son’ of: the}! Ou: that! Sanday: atternoon!Y was Golson believed that bis death would red a
@ Chief Deputy Sheriff; ‘The young sitting by the’ fre with my Wife ang| ® Just like this dream, only when he ree
sald Bothing but: bis, eyes. Wore childten’ whea itoy wife said tw me, Sea aon be would not be in the
Be ane ice Pca: "
LEAT WARRANTI Pe tena life
ok te, er ETrAaU was read: to. and: turned fh the front of | Seemed very confident of the unfath.| Jot Repa
Jn the corriddr just. outside of the Hpenpsaerde! a ol eesadithlasineat gauche: eae
‘ae / ae r a z lay Vp
mt hors dneimanarean feet Se Gen the: treat pate and | that was secs t pene sway.) | Yeadon Ky.
———— cai) | PCCD ND ‘om Abe piazza, [' resehed ep While taiking to the newspaper nt session
eae Np ve “2 Lay eevoriernd hich wap hanging there, | He sat in « chair in the, upper room, | ivered an eu
“ and, walh the front door, 1 pulled | having deem: let out: of his cell; and former Bens
i open, )” fa PRE SVE Sate rere ema ke Petirgre ae ~ Richmoaé, ap
ee \ ewes 2 door Mr.’ : corm the: Was (0 | of respect wh
ee ace eee tring asl teeveestaenag meets: He betrayed only one sign of!” y reactution
wel before Tenge what: 1’ was doing: tj #*Yousess, ang thet was in handling | 4, Taos!
\ found myself shnoting.| I hed no' idea) CAF Which had been given him. | wee urreg
ch Wty lrbou 1 } to the de ‘He gwiried it in his fagers aad allowed was elected
’ , #4 PE aboot phe it to go ent repeatedly, . ’ bb H, P
<> hp | [wad did ‘nottknow how! many times I ey . THR TRAGEDY. State, and the
| shot. until ber In the evening when/! ‘The killing of Chief Deputy Sderiff beats ‘were
‘: Pay sbalaprere empty, showing that afternopm, November 27/1808. He | be: dteregarded
Uhad fred fyur times. : rar.| Went t@ Golson's house, lecated in reeclution was
2 ‘ [Rock bad hie right hand in his coat Sixteenth street, for the purpose of ar. morrow and
ays ; pocket. Whin I began to be! resting Golsen om the warrant which cret session.
SAL SRE 4 1S he rey nround to his side and seemed) 4 elo sent uo from Mont A: aan:
= ; ¥>—. {to be trying to get something, and then charging him with grand larceny. ‘|. ‘CURB A
J 4 pe P=” ag. |e, pulled-out « little revolver.and be-|
OY) UH AA ee fan sho .
GOLDSMITH, ‘Leroy, black, elec. Ala. (Montgomery) 8-6-19);3,
CO LOST HY ji eZee
Ay § Z aes ee ?
hid BL bepng Ga ear gee
ta Lora
owt. Sia
LRT EEE y, Fd ee
' A
ee let GET He
-porsst MITH, Leroy, blac » 38, elec. Alae (Mo es 8/6/93.
- ban Bem SS ee
ee Cf-6- FL 18 19) fore
¢ Joma. hr 1 e ee
GOLSON, Will
‘ (Ala.
plaintiff, and therefore, of
Sls to state any cause of ac-
“ount was also intended to
§, wantonness, ete.; but, like
d in several particulars, and
rt of stating a cause of ac-
only wrong counted on is
it or its agents,” which is no
have said “the defendant’s
t, in turn, is, in legal effect,
uave ascribed the wrong to
vf the plaintiff, for whose
defendant is not liable to the
iuits (the sixth and seventh)
counts which undertake to
, wantonness, and the like
und neither of them in point
such misconduct against any-
fault the defendant is re-
of them failing, in other
a cause of action,—the trial
have submitted to the jury
yY whether the plaintiff was
vt as for wantonness, reekless-
© on the part of defendant's
it erred in so doing. in its
mero motu, as also in giving
subject at plaintiff’s request,
. and to the parts of the gen-
“ing this matter, the de-
inecessary to pass upon the
reserved for our considera-
nis involved in the expres-
in that on the trial below the
¢ plaintiff was guilty of neg-
‘ting to pass over the trestle
« circumstances, for the con-
termination of the jury; and,
of another trial, we will add
should be found that plaintiff
a that regard, and that his
huted to his injury, it would
‘Now that he could not re-
igh there be no charge of
‘itephess in the case; for if
sce negligence the defendant
fter becoming aware of the
of plaintiff on the trestle,
{ to resort to the means at
his safety, and in conse-
Jilure the injuries complained
|, there might be recovery,
plaintiff's original negligence,
! & to be negligence, in going
Tanner’s Ex’r v. Railroad
Railroad Co. v. Brown (Ala.)
Reversed and remanded.
—_—_—_—_——
", v. WITHERBY et al.
of Alabama. Feb. 6, 1899.)
AG -BILLS AND NOTES—
ING ROGATION.
a tiven for the price of
ng that the sale was made by
1 ES Ra gS ere eee Gre GIG i Sh a el ie i lor iat ar be tod Pating od oem,
4, 3 mg °
«
black, hanged Birmingham, Alabama, 2-9-1900.
Ala.) GOLSON vy. STATE. 975
plaintiff's transferror to the maker of the note,
who was an agent, and that the conveyance was
taken in the name of the agent, and his note giv-
en in payment, was insuflicient to authorize a
personal judgment against his principals, since
the facts alleged showed a sale on the agent’s
personal credit only.
2. A bill by the holder of a note given by an
agent for the price of land, alleging that the
agent acted for certain principals, under an agree-
ment to convey title, which the agent took in his
own name, to them, and that he did so convey it,
and that such principals had made payments on
the land, and praying a personal judgment
against the principals for any balance due after
applying the proceeds of a sale of the land, un-
der a vendor’s lien reserved, to the payment of
the note, but failing to allege any agreement be-
tween the agent and his principals as to subse-
quent payments or as to their contract with the
agent, was insufficient to entitle the complainant
to subrogation to the agent’s rights against his
principals.
On rehearing.
ed.
For former opinion, see 23 South. 94.
PER CURIAM. After a careful examina-
tion of the original bill of complaint filed in
this cause, we have arrived at the conclusion
that its averments are insuflicient to author-
ize a personal decree against the defendants
Witherby, Stoughton, and Goodwin. This
view which we now take of the case was not
presented upon the original hearing, either by
argument or briefs of counsel, which were
addressed to other questions then considered;
and it is urged upon us for the first time in
support of the application for rehearing,
From the authorities the rule is deducible that
when a sale is made to one who is acting in
the purchase as agent for a principal who is
known to the vendor, and only the personal
obligation of the agent is taken for the price
of the property sold, the prima facie pre-
sumption arises that the personal credit is
given to the agent alone. Gates v. Brower, 9
N. Y. 205; Coleman y. Bank, 53 N. Y. 388;
Taintor vy. Prendergrast, 3 Hill, 72; Tuthill v.
Wilson, 90 N. Y. 423; Paige v. Stone, 10
Mete. (Mass.) 160, and note to same case in
43 Am. Dec. 420. The bill here states only
enough to bring the case within that rule. It
avers that the sale of land was made by
Green Merrell, complainant’s transferror, to
W. R. Carter, as the agent of Ed T. Witherby,
Homer R. Stoughton, and James B. Goodwin,
and that the conveyance was made by the
vendor to Carter, and that Carter’s note was
laken for the deferred payment.
A theory is advanced in appellant’s brief,
replying to the application for rehearing, to
the effect that he is, in equity, subrogated to
the rights of Carter, as against Witherby,
Stoughton, and Goodwin, to compel them to
pay the debt for which Carter had bound him-
self in their behalf. The bill is not framed
to obtain relief in that aspect. If such equity
exists, it could be enforced only upon aver-
ment of facts showing the nature of the obliga-
tion to Carter resting upon his principals. The
status of the transaction between them is not
shown by the bill, otherwise than that Carter
Granted, and decree affirm-
acted for his principals in the purchase, with
the understanding that he, after obtaining ti-
tle, should convey the land to them, and “that
said W. R. Carter executed his deed to said
land to the said Ed TT. Witherby, Homer R.
Stoughton, and James B. Goodwin, but the
date of said deed and the consideration there-
for are unknown to complainant.” It is al-
leged that Witherby, Stoughton, and Goodwin
made the cash payment; but it is not alleged
that they made any agreement, express or
implied, with Carter or Green Merrell, to make
those or any remaining payments for the land.
The rule is, as stated in Duckworth yv. Duck-
worth’s Adm’r, 35 Ala. 70, that “the bill should
State the title or claim of the complainant
with accuracy and clearness, ‘and with such
certainty that the defendant may be distinct-
ly informed of the nature of the case which
he is called upon to meet. If the facts essen-
tial to the right of the complainant are not
clearly and unambiguously alleged, the defect
will be fatal; for no facts are properly in is-
sue, unless charged in the bill, and no proof
can be made of, or relief granted for, facts
not charged.” The petition for the personal
decree referred to in appellant’s brief does not
in fact, and could not properly, supply the
averments necessary to bind the defendants
Witherby, Stoughton, and Goodwin. The pe
tition for rehearing must be granted, and the
decree appealed from will be here affirmed.
744 le
GOLSON v. STATR,
(Supreme Court of Alabama. Dec. 21, 1899.)
HOMICIDE — EVIDENCE — MATERIALITY—CON-
FESSION — ARREST — REWARD — WITNESSES
—NONEXPERT — IMPEACIIMENT ~— EVIDENCBD
— DEGREE — SELF-DEFENSE — APPEAL — IN-
STRUCTIONS—INDICTMENT,
1. Where witness testified that he and the de-
ceased met at the sheriff’s office, and went to-
gether to defendant’s house to arrest him, where
defendant shot and killed deceased, it was im-
material for what purpose they went to the office,
or whether or not they stopped at a saloon on
their way to defendant’s house.
2. Witness having testified that defendant
made a confession in his presence, and that a
newspaper reporter was also present, it was not
error to refuse to allow witness to answer wheth-
er the reporter had not published, and if witness
had not read, a report of the interview; no pur-
pose being disclosed in the question.
3. Witness having testified that on being told
that a person he saw standing in the door of a
house was defendant, and that he thereon pur-
sued and arrested defendant, it was not error to
refuse to allow him to state who told him that
such person was the defendant, there being no
question as to defendant’s identity.
4. Witness in prosecution for homicide having
testified that he arrested the defendant, it was
immaterial whether or not he received a consid-
erable reward that had been offered for the ar-
rest.
5. The opinion of a witness as to whether bul-
let holes in a door had been caused by shots from
the outside or from the inside was incompetent,
he not having qualified as an expert.
6. Where a state’s witness had testified that
she was present at the time of the murder, and
her testimony was impeached by that of defend-
ov
—-
RES SRS SR eg ee,
Saendiens elie -
a ees
Ri eit ERTS PROT
(Ala.
en asked by the defendant
‘tion: “Did you have a con-
ima Key?’ The state ob-
‘stion upon the ground that
e had not been properly laid
nent. The court sustained
the defendant duly excepted.
ithe further examination of
ill of exceptions contains the
“The court thereupon stat-
counsel that he would allow
e answered, if counsel would
‘estion the time and place of
versation. The defendant’s
» embody in the question the
as suggested by the court.
sel then asked witness: ‘Did
your grandmother about this
’ objected to this question on
is as set out in next above
surt sustained the objection,
at excepted. Witness testifi-
it one time with her grand-
ltmma Key’s house. Defend-
ed this witness the following
you have a conversation with
ne state objected to this ques-
inds that the time and place
roperlw Igid. The court sus-
‘tiol ] the defendant ex-
tit pon stated to defend-
at he would allow said ques-
red, if counsel would embody
the time and place of the al-
on. Defendant’s counsel re-
y the time and place in the
‘ested by the court. ‘Did you
sur grandmother about this
» objected to this question on
is as set out in the next above
court sustained the objection,
nt excepted.” These four rul-
ved by the court as 11, 12, 13
her facts of the case relating
n the present appeal are sufli-
1 the 4pinion.
roduction of all the evidence,
equested the court to give to
jlowipg written charges, and
pted to the court’s refusal to
charges as asked: (1) “Every
hi the commission of an offense
is presumed innocent, until his
hed; and the evidence, to in-
1, Should not be a mere pre-
he probabilities but should be
s to lead the mind to the con-
- accused cannot be guiltless.”
ou gentlemen of the jury, that
n the evidence that there was
* at defiance or preparation to
e part of the defendant, not
nagcs™ then the deceased in
IrLres defendant would not
hoc at him with a deadly
if the defendant, under those
had a reasonable belief that he
ct his life by retreating, then
fy REMAN 8 | Fg Sige Sp AM a ate
Ala.) GOLSON y. STATE. 977
he would have been justified in defending him-
self even to taking the life of his adversary.”
(3) “If from the facts and circumstances in
this case the jury believe that the defendant
whilst laboring under the influence of fright
or excitement shot and killed the deceased,
then they cannot convict the defendant as
charged in the indictment.” (4) “If the jury
from the evidence find that the sheriff took
the defendant out of his cell in the jail and
carried him to a room in which there were
several state and police officers, and there ob-
tained from him the alleged confession, with-
out first having warned him that said alleged
confession could be used against him at his
trial, then the alleged confession would be in-
admissible against him, and it should be dis-
regarded.” (5) “No duty rests upon a person
to retreat from a room which he has rented
and is occupying as a bedroom, but he may
stand his grounds therein, and defend him-
self even to the death of an adversary, who is,
or reasonably appears to be, about to kill him,
or inflict grievous bodily harm on him.’’ (6)
“No duty rests upon a person to retreat from
a room which he has rented and is occupying
as a bedroom, by himself and family, but he
may stand his ground therein, and defend him-
self and family even to the death of an ad-
versary, who is or reasonably appears to be
about to kill him, or inflict grievous or bodily
harm upon him or any member of his family.”
{7) “If the jury find from the evidence that
the confession alleged to have been made by
the defendant were made verbally and are
unsupported by other evidence, they should
cautiously weigh it before accepting it for the
truth. And if they believe that it was made
through fear of the sheriff, deputy sheriffs and
policemen, by whom he was surrounded, then
in making up their verdict they should ex-
clude it entirely.’ (8) “If the jury believe
that any degree of influence was exerted in
obtaining the alleged confession from the de-
fendant, then they should disregard it.” (9)
‘If the jury have a reasonable doubt as to
whether the confession alleged to have been
made by the defendant was free and volun-
tary, then they should disregard it.” (10) “If
from the evidence and circumstances in this
ease the jury believe that the pistol-shot
wound in the neck of the deceased was the
wound that caused his death, and have a rea-
sonable doubt as to whether the defendant
inflicted said wound, then the jury should give
the defendant the benefit of that doubt and
find him not guilty of either murder or man-
slaughter in any degree.” (11) “If the jury
believe from the evidence that the defendant
did slay the deceased, yet if they find wanting
even one of the qualities of willfulness, de-
liberation, malice and premeditation, they can-
not find guilty of murder as charged in the
indictment.”
Jos. H. Montgomery, Hume I’. Jones, and
Yrederick I. Monks, for appellant. Chas. G.
Brown, Atty. Gen., for the State.
26 So.—62
HARALSON, J. 1. The deceased, Robert
Warnock, who was chief deputy sheriff, and
W. I. Lowe and J. L. Barker, two other depu-
ties of Jefferson county, went together ia the
afternoon of the 27th November, 1898, to ar-
rest the defendant, Will Golson, on a capias
issued by the clerk of the circuit court of
Autauga county, on an indictment against de-
fendant in said court, directed to any sheriff
of the state, which had come to the hands of
the sheriff of Jefferson county for execution.
Gefore they repaired to the house of defend-
ant to arrest him, it appears, the deceased and
his assistants came together at the sheriff's
office in the court house. On cross-examina-
tion of Barker, by defendant, he was asked,
“Tor what purpose did you go to the sheriff’s
office?’ ‘What did you do there?’ And it
further appearing that they stopped on their
way to defendant’s house, at Johnson’s sa-
loon, he was asked, “Did Mr. Warnock take
anything to drink?’ “What did Mr. Warnock
do in the saloon?” “Did Mr. Warnock go
into the saloon?’ The same question, wheth-
er Warnock took a drink at the saloon, was
asked the witness, Lowe, when crossed by de-
fendant. On objections made by the solicitor
to each of these questions as they were sev-
erally asked, the court refused to allow them
to be answered, and in this there was no er-
ror. The answers were certainly immaterial.
2. The sheriff, O’Brien, testified to an in-
terview be had with the defendant in the jail,
after he was arrested, in which he made a
confession which the court admitted in evi-
dence, after preliminary statements by the
witness to show that it was voluntarily made.
He further testified, that a man by the name
of Will Haggard, a newspaper reporter, Chief
of Police McDonald, and, he thought, Deputy
Sheriff Lowe, were present. The defendant
asked the witness if Mr. Haggard had not
published in a newspaper an account of this
interview between the sheriff and defendant,
and if witness had not read the interview.
The purpose of these inquiries was not dis-
closed, and their immateriality, as for any-
thing appearing, was patent.
3. McDonald, a witness for the state, testi-
fied, that he and Robert Patton arrested de-
fendant on the 80th or 31st December, 1898,
for killing Warnock; that when they first saw
defendant, he was standing in a door of a
house on the south side; that defendant went
inside the house and closed the door behind
and ran out of the back door with his pistol
in hand and fled; that witness went in the
house and through the back door, and saw
and fired at defendant as he was running
away, and they pursued and captured him un-
der a house. On the cross, the witness was
asked by the defendant’s counsel, how he
came to approach the man standing by the
door, and he replied, he was told it was Will
Golson. Defendant’s counsel then asked,—
“Who told you it was Will Golson?’ which
question, on objection by the state, the court
fal
ae
ee. i chehessoniilinbacnd Te? Ridhin' sieatnamanadilieentan
rere
Se Pm OS ame ea re
ee ope ce me
Sree smememennee meee
976
ant’s witness to the effect that defendant’s wit-
ness came on the scene immediately after the
shots were fired, and that the sheriff was pres-
ent, but that the state’s witness was not, it was
proper to allow the sheriff to testify in rebuttal
that he did not arrive until 85 minutes after the
killing.
7. A charge that the evidence, to induce con-
viction, should not be a mere preponderance of
probabilities, but should be so convincing as to
lead the mind to the conclusion that the accused
eannot be guiltless, was properly refused.
8. Where deceased started to enter the defend-
ant’s house for the purpose of arresting him, and
defendant fired at him, whereon deceased began
shooting, it was proper to refuse to instruct that,
if defendant made a mere attempt at defiance,
not amounting to assault, then deceased was not
justified in shooting at him, and that, if de-
fendant had a reasonable belief that he could
not protect his ltfe by retreating. he was justified
in defending himself; since such instruction ig-
nores the fault of defendant in bringing on the
difficulty.
9. A. confession obtained from defendant was
admissible without showing that the oflicers to
whom it was made warned defendant that it
would be used against him on trial.
10. Where two instructions were written on the
same piece of paper, across which the presiding
judge wrote the word ‘‘Refused,’’ one of the in-
structions being bad, exceptions to the refusal
cannot be sustained.
11. Under an indictment charging murder in the
first degree, an instruction that, if willfulness,
deliberation, malice, or premeditation were want-
ing, defendant could not be found guilty of mur-
der as charged in the indictment, was properly
refused, since, under the indictment, defendant
might have been found guilty of murder in the
second degree, notwithstanding the absence of
the qualities named.
Appeal from criminal court, Jefferson coun-
ty; Samuel KE. Greene, Judge.
Will Golson was convicted of murder, and
from the judgment he appeals. Affirmed.
On the trial of the case, it was shown that
Robert Warnock, who was chief deputy sher-
iff of Jefferson county, had in his possession
a warrant of arrest for Will Golson, the de
fendant; that he went to the house of the
defendant in company with W. I. Lowe and
John L. Barker, two other deputies; that Lowe
and Barker, by the direction of Warnock, went
to the back door of the defendant’s house,
while Warnock went to the front door; that
as Warnock started into the house of the de-
fendant, he was fired upon by the defendant,
whereupon Warnock commenced to shoot into
the room where the defendant was; that in
the shooting Warnock was shot by the de-
fendant, from the effects of which wounds he
died.
Mary Oliver Hunt, a witness for the state,
testified that she was 11 years old and knew
the defendant; that she was in the house
when the shooting occurred, having gone there
to visit the children; that when Warnock step-
ped upon the porch, the defendant jumped up,
got his pistol and shot through the door which
was half open; that then the witness ran out
of the back door and did, not see any one else
shoot; that there was no shooting before the
defendant got up and fired his pistol. On
cross-examination of this witness she stated
that she knew Emma Key and Beulah Sand-
26 SOUTHERN REPORTER.
(Ala,
ers. She was then asked by the defendant
the following question: “Did you have a con-
versation with Hmma Key?’ ‘The state ob-
jected to this question upon the ground that
the time and place had not been properly laSd
for the impeachment. ‘The court sustained
the objection and the defendant duly excepted.
By reference to the further examination of
this witness the bill of exceptions contains the
following recital: ‘The court thereupon stat-
ed to defendant’s counsel that he would allow
said question to be answered, if counsel would
embody in the question the time and place of
the alleged conversation. The defendant's
counsel refused to embody in the question the
time and place as suggested by the court.
Defeudant’s counsel then asked witness: ‘Did
you ever talk to your grandmother about this
case?’ The state objected to this question on
the same grounds as set out in next above
question, the court sustained the objection.
and the defendant excepted. Witness testiti-
ed that she went one time with her grand.
mother down to Emma Key’s house. Defend-
ant’s counsel asked this witness the following
questions: ‘Did you have a conversation with
Emma Key? The state objected to this ques-
tion on the grounds that the time and place
had not been properly laid. The court sus-
tained the objection, and the defendant ex-
cepted. The court thereupon stated to defend-
ant’s counsel that he would allow said ques-
tion to be answered, if counsel would embody
in the question the time and place of the al-
leged conversation. Defendant’s counsel re-
fused to embody the time and place in the
question as suggested by the court. ‘Did you
ever talk to your grandmother about this
case?’ The state objected to this question on
the same grounds as set out in the next above
question. The court sustained the objection,
and the defendant excepted.” These four ru).
ings are numbered by the court as 11, 12, 1%
and 14. The other facts of the case relating
to the rulings on the present appeal are suff.
ciently stated in the opinion.
Upon the introduction of all the evidences
the defendant requested the court to give t
the jury the following written charges, and
separately excepted to the court’s refusal to
give each of the charges as asked: (1) “Every
one charged with the commission of an offense
against the law is presumed innocent, until bis
guilt is established; and the evidence, to Jn
duce conviction, should not be a mere pre
ponderance of the probabilities but should be
so convincing as to lead the mind to the con.
clusion that the accused cannot be guiltless.”
(2) “I charge you gentlemen of the jury, that
if you find from the evidence that there was
a mere attempt at defiance or preparation 1
resist upon the part of the defendant, no
amounting to an assault, then the deceased ts
attempting to arrest the defendant would net
be justified in shooting at him with a deadly
weapon. And if the defendant, under those
circumstances, had a reasonable belief that be
could not protect his life by retreating, thes
BEE ER: Jot sheen
\
. One of these, near the fire’ place, shows deneay 5 : FAS, Fen res . Base: NS
that the. bullet ‘glancéd,:* “The: meer Be eee. ie :
BAT Bch OES ly an
in the. “wall: immediately“ ‘opposite.; the CATES Seep ft DEPU
house, - : eit. ail aa
& small out-house, -
ern half of the house....A private alley
with a gateway bounds this side of the jind'c ‘Gtiolacn; -that-he was. at ‘Home with
Premises. Steps lead-up from each endi . ag +
of the porch. he ais O
the fire placé nearest: the window, and
Hstened intentl¥.- A.éew: -peconds later;
the door. The negro woman‘sald. her
husband. fired- first, but- retracts: this
and says she was so badly scared . that
she cannot tell who did so.
must-have begun with the door open,
Fhe bulfet marks in the house indicate |
that Mr.. Warnock. ‘fired two: shots
standing, on the threshold, . Whether
he or the. negro.opened. the .door_and|
“writing. , But that. “Views Was. at; ex
change of shots with thé. door open: is
almost:certain and in this fusitiade Mr.
Warnock recei¥ed — * the
breast and- ‘forearm, -.- ..
by whom is not clear—and Mr. War
nock, leaning against the side of the
house, fired three times. Two of the
bullets went through the door andthe
third inmtbedded {tself.- tr the facing
above the lock. It was cut out. last
night There are bloody finger marks
upon the wide of ‘the house,
how Mr. wareess hed _ steadied him}
— AeA i:
cal evidences that thred were made by 3
butlets fired trom the outaide and log!-} =
cally from Mr. Warnock’s. “weapon. The. 33 : Zak?
fourth mark wag evidently. made ‘by: ro eae ‘Ese
“bullet: froin
along the panért, glanced from’ the “erdss] ;
Piece and struck ‘the door of an- out] Me
ais] =
In. the room are ‘two bullet: marks
dogr. Neither it Is weil.to observe, SS Be Thestory® son recuts:. toe ‘the “part
in line with the’ bullet holes. fn the [which the
door, we - ae “ag BEB yes gs
A short description of the house aad
surroundings is necessary, to ‘efulk t uh-
derstanding of the: most probable, mah=|.
ner ih which Mr. Warnock came. ‘to nis
‘death. . a 2 aioe
The néteng ig a four: “Foom. oatiked|
built for o¢cupaney by two families. A
Porch © ‘extends. along’ the front. - There
is a window fin-each front room. near
the door.: At both ends. af the porch da
Sfayie 5.
' Gholson’s family. lived: ‘ti the: Werle. ri
At the time of the approach. oy the
officers, the- negra, according. to! thé
statement--of bis .wife,- wag: seated, at:
he heard « step upon. the- porch. and |.
he exclaimed “white officers are> -efter
me!’’ and jumped up-and ran toward
At any rate the duel to the. deattt
ag. ‘thi
a ns
it:
Then the door was lobeuchen op
showing
y is
abbas a by.
che. ‘thelde, which plonghed SORTS
ROBERT. %
! WARNOCK. . Peet ocd e
“Zs neha cee
very ‘Sfok eh tas: tee
. “I went'to the
rite: negro... Hewaid; SWee wilt: “go,andy:
Bet -bim., 2 +L tolt him the:nsgro, had’
ald it: ‘would tuke: thirée or ‘four men to’
set_him and“ that he would run if he
had a chance, : Mr: - ; Warnock j Feplied,
“We'll go and get’ ‘Afm.*, poaeae
We | Came to the office and tie sobiie
pistol. : We went. to the corner of Six-:
teenth street ‘and Third averine. -
Warnock told Barker and I to go down.
fto Fifteenth street and: come. up ‘the
alley and he would go down the alley
fromt. Shrteentk:. and: meet: 16 .at’ thé
house. t-had previousty,. given him od
fill descrifition af: the house,-- _
“When Barker and myself turned in-
to the alley Mr. Warnock was standing
» Mr
front of the house at the gate.
Barker struck the fence right at the
closet, and’ I ran to the gate, .
."Mr. Warnock told me to go-to the:
back of the house as quick as T could
get there.. I ran across the corner of
th® porch. I had got Nearly to. the
back. steps. when the shooting com-
meneed.: I whirled and started back to
the front, when somebody ran against
the back door,.
the ‘back door~open and: ran. through |-
‘I ran up and knocked
efrcumstantial: ‘¢vi-
Fe an agi. Sn there-and 3 ran into’ ‘the-alley... I saw a
in: it. ‘Rath |.
| made ai ‘atatement: to. + Lédger reporter
this morning. 5: aie’ >
-Deputy.. Sheriff. Lave. Bays yoo o's
“sah + “This negra, alias. Wu Wright’ ‘allas}
Wilk. Borne,’ ‘mling Atbert . . Booth, was
F{ Ranted fn’ Autauga - for. ‘three or four’
chiirges— burglary < and grand. larceny,
assault... with:> intent: to. murder and’
keeping-a. gaming } house. Hé'broke out |
‘of the -Jatlin-that™ commty in-November
or» December,’ 1896;' "Wet had: been. on; 7 returned to the office and got horses. ea
(tine. watch for. fim.2) 5, APRS 25, an
“¥esterday a. “DEETO™;- ‘eine’ to.” “my
‘house: ‘and told-mé right. where I could
peek TD
PP ofce: but Mr
. Warnock was. not, there Jefouad bint
and Mr. Barkef on’. “Second: | avenne, be-
‘tween.. Twentieth=“anas Xietty-arst
door; 2 btit: Gould’, not, ‘find! anybody: in
negro-dart - into: a litte” alley about
three-fourths ot‘ a: ‘ square away. and
shot-at him. 3. =”: Eas
Poe! % then returned ‘to. _Mr. Warnock.
He was: dying’ on the ground with his
oany
F¢ os
<
was not. dead. ts spoke to iilm and said:
{ Bob, Fou: are hurt,”: -He never answer-
ed.: Bill Love and and a& couple of ne-
groes put him-on the: ‘porch and I went
and _telephoned- ‘Captain O’Brien:- =.
“When the Bheriff. arrived I searched }.
the negro. quarters around there. -
We went: ‘to Boyles and’ searched’ the
negro quarters - ‘there and -then went
turned to the office and upon . instruc
tions went: to Pratt mines and- made a
most df the: night. : ~ -
~- “Phe fusilade . was tiirtour while, Mt
aes, bit was 6 over in cy ; minute.”
Streetac: “cnt sate e ies te ot eed
sd pK Po a Bry
“f told: ite, Warnock about, locating ieee +g eer PURSUE: . ; “Sey. :
"mes O'Brien. was at: dinner when
4
news. His residence is at the corner.of
Third alley and Eighteenth Street, less
than fhree blocks away. Capt. O’Brien
“Was quickly:on the scene. By his direc-
tions a’sheet was spread’ over the re-.
mins. to shield. them: ‘from..the- morbid
gaze of. the crowd which had begun to
choke. up the- alley. As-soon ag possi-
ble the corpse. was: removed" to the an-/|-
ner Sinlleg. pipe ae
: Captattr - OBrien: withodigl’ greatly.
‘| affected by the suddeb death of a man
who stood. nearest. to him in an official
head: under . “the edge of the house. q
Blood ‘was: flowing from. his mouth: He]:
Then Dae
over. to Enon Ridge... Afterwards I re-4.
thorough. search, | rt was in’ the. ‘saddle f
the: telephone. ‘brought him the awful |:
a of Bightoches!
+0] They topped
and except to.
bac and not
‘Nearly an;
in: good” céndii
of: articfes: be
ruined: by-‘wati
ed. hard. ‘and:
household: effe
bric-a-brac, © Pp
scarcely injure
Mr. Parsons
us furniture...
- This: id: ‘one:
and Mrs, EP.
sidering. with-
Mr, SAdger's.
Insurance: Re
wit Now: “Mak
~~ y Pete :
. New York.’ N
vent. in- this: cit
.Chi gage
by either Grau «a
The. box office
manager; while
with a chilly fr.
iIt was hard eno
to a smaii audie
apreciated” was
‘substantial - reas:
the company’ ar
dertaking: establishment Of: = War-) beeen
ported” ‘on. reliab)
receipts for. boxe:
of the boxes ow
capacity, was cool: and collected and
immediately began organizing the pur-
suit Deputies were dispatched hither
and thither and the’ wires were kept
hot with messages to the sheriffs of
other counties. The railroads assfkted
hby wiring their ee to be on the
lookout, :-- :
cer§, was quickly on the. scene. There!
was sO much excitement that it was al-
(Continued on Eighth Page.).
Sam Hamiltdn, of the mounted offi- 5
amount to $400,0¢
SENATOR Qi
He is. Worried by
vie
' Philadelphia, Nc
Senator M. S. Qu
and ex-State Tre
Haywood, were in
tor Sessions toda:
indictments charg
JB fees
JA)
ca he
JOU VF
GRANT, Neel J., wh, elec. AL (Baldwin)
Match —
19,_ 1948
From Southern Police Files
The small boy crawled out of the cold
water onto the beach, catching the over-
hanging branches to keep from slipping
back into the river.
“Mother!” he called frantically as he
scrambled up the embankment to the con-
crete bridge, looking for the blue sedan
that had been parked there a few minutes
before. He knew, though, way back in his
6-year-old mind, that the rush of the en-
gine he had heard as the chill of the water
revived him, meant the car would be gone.
He rubbed the side of his head and felt
the large bump that was rising there. Sharp
stones along the highway bruised his
stockinged feet as he made his way along
the strange shadowed darkness. He could
not find them: He went back to the beach
where the March winds were not so strong
and the scrub oaks sheltered his wet body,
searching for a safe spot to wait for his
mother and Daddy Noel to return for him.
Tears warmed his face as he felt the deep
silence of the woods surround him with
only an occasional sound of a wild-bird
call or a whistling branch.
“Mother!” he called her name as loudly
as he could, panic-stricken at the sudden
stark realization that he might have to stay
TRUE POLICE CASES,
August, 1948
BY IRENE GRAYSON TAIT
here alone, on the beach, all night. .
The early-morning sun touched its
fingers across the childish, sleep-reddened
face. The dark-brown eyes opened. One
hand moved instinctively to examine the
spot behind the right ear that pained him;
it was sticky. His hand was red when he
looked at it . . . blood.
Sobbing in fear, he ran toward the
bridge, climbed the steep embankment
with effort. He didn’t see the car with the
two men in it until it had come to a stop
beside him. A friendly voice called out:
“Lost, sonny?”
“Uh-huh,” he said to the man at the
wheel, sniffling back the tears.
“Where do you live?” the other man
asked.
“In Mississippi.”
“Well, what are you doing here?”
“Daddy Noel left me here last night.”
The driver frowned. “But isn’t he com-
ing back for you?”
“I don’t know,” the youngster choked. “I
don’t guess so.”
“Well, hop in and we'll see if we can’t
find him for you,” G. R. Floyd said. The
boy, of course, had strayed from some near-
by farm and forgotten the direction back.
7 Sobbir
ing, ¢
hurlec
made
“Moth
These \
abandc
touchec
for art
“They
pointing
more, Al:
“They:
“Moth
bled int«
Realizing
posure, t
that the
shield hi
seeming]
formed t
cheerful
and pred
learned
Gooden
but the
taller ma
“Do you
“Uh-ul
“Richa
ately che
folks lea
self?”
“T do:
mad.”
pati
*
ws
C)
Mok fp Meard, lee. Hla. S377 998 - I YB, Shei Tey > Ry
Aes coled iu OP? ae Se. rr
Ld Lon A et
Liu, Cate dent pra petites
e: Logged ae ar — oe
flan * prkad each
hing faced Phead Gadel pict
Aaled F Micreed tes eto tly.
Lcd fstrccsers whats Bd pent ean 62
N the beginning there were two mys-
teries,
There was the strange, lost child
found wandering aimlessly down the
highway in the dark and storm- |
threatened night.
And there was the gruesome discov-
ery in the shifting sands of the wind.
swept gulf coast. Tyler Lee, whose home
was on the coast some half dozen miles
from Fort Morgan, Alabama, made the
shocking find. Drawn to the spot by the
curious activities of a flock of milling
sea gulls, he saw first the protruding
hand—the rigid fingers crooked as
though even in death they were beck-
oning ...
For the shocked space of a heartbeat
Lee stared down at the ghostly hand,
Then, as though still unable to believe
his eyes, he bent slowly and with a ten-
tative forefinger prodded the dead flesh,
making sure once and for all that it
wasn’t some macabre joke.
The next moment he had sstraight-
ened up and was racing down the beach
é Zen ee Ve 7
AA LC LALO L 224
towards the nearest telephone, stopping
only momentarily at his own small cot-
tage to shout a warning to his wife to
stay away from the spot.
T WAS State Highway Patrolman
| (@) Murphey, at Bay Minette,
who took the call.
His attention riveted as he listened
to the first excited words of his caller.
Tersely, he demanded more explicit
information, then cradling the phone
Swung about to face the other State
patrolmen in the office.
“Fellow named Lee,” he explained
as he reached for his hat. “Says
there’s a corpse buried in the sand
out near his place. We'd better take
a run out there.”
With officers Mitchel, Patrick and
Stanley trailing him, he started out.
Then at the doorway he paused long
enough to call over his shoulder,
“Somebody notify the coroner’s office.
Tell them it’s near Tyler Lee’s place,
this side of Fort Morgan.”
The
LONG
L
&
Tyler Lee was nervously awaiting
them when they turned off the gulf
coast road onto the sandy beach.
Wordlessly he pointed to a_ spot
twenty-five yards away where the
sea gulls still circled. ;
“It was them birds that first called
my attention to it,” he blurted. “I
thought maybe they had a dead fish
or something and went to look. That’s
when I saw the hand... os
Murphey nodded. Then he held up
a warning hand as the other officers
started forward.
. “Let’s follow the water’s edge and
come up from the far side,” he sug-
gested. “We don’t want to mess up
any tracks there may be.”
Accordingly the men detoured down
to the wet, hard-packed sand border-
ing the tas tide. A moment later
the sea gulls ispersed with raucous
protests as the officers neared the
disputed hummock of sand,
The dead hand was clearly visible
now—the fingers still crooked in mute
SLEEP
»
; Nervously awaiting
’ turned off the gulf
» the sandy beach.
pointed to a_ spot
is away where the
reled.
dirds that first called
it,” he blurted. “I :
hey had a dead fish
i went to look. That’s
‘hand. °
‘d. Then he held up
as the other officers
he water’s edge and
ie far side,” he sug-
‘t want to mess up
may be.”
> men detoured down
packed sand bordert
ide. A moment later
persed with raucous . BR
officers neared the Y
*k of sand.
was clearly visible A A | F 0 RB D
still crooked in mute
LEWIS
~
ON LAST RIDE—
She taunted her man that he couldn't
do anything to restrain her actions.
a
bee Ne © role Chief Brown had two mysteries on. his. Baas ‘the lost boy with | the “ess :
a 6% \ ha) his head; and the dead (sid In the transparent, louse, buried. In the, sand
‘ “ax cy a Aye, * ;
i is, ae or : y
> Mis 4 ain
«
sign that said “B’s’ Tavern. Customers
sat about the long counter inside. The
man went in and asked the woman be-
hind the counter for a package of ciga-
rettes and ten gallons of gasoline. When
the tank was filled, he turned the blue
sedan around in the middle of the high-
way and headed in the opposite direction,
remembering a bridge he had passed
someway back. Where there’s a bridge,
there’s water. J could throw him in and
he’d float off somewhere into the woods
and they'd never find him. The river isn’t
wide enough for usual travel and no one
swims in there. This is just the place.
“Richard, do you still Want to see your
mother?” Noel inquired.
“Can I?” the boy asked eagerly.
“Sure.” The man pulled up at the
north end of the bridge, taking the boy
to the back of the car, pretending to open
the trunk, waiting for the exact moment
when there were no cars approaching. He
hit the child onthe back of the head with
the butt of his .38. The boy slumped to
the ground without making a sound. The
man stooped and poh the small body
through the wired post into the water.
The bridge was high and it was a long
moment before the man heard the splash
as Richard hit the water.
The man jumped into the car with but
one thought—to find a place to dispose of
the body in the back of the car, and then
to hurry home to get the other six who
had made this business necessary.
He was sorry now that he had ever
found out about them. Sorry he knew
that when he killed his wife because of
the six men, he would have to kill them
before he could rest. Now they wouldn’t
be sneaking around after other women
while a husband was working at an
honest living. Soon their wives would be
rid of their useless drunken bodies.
He had forgotten the direction he
was going, paid no attention to the towns
he passed, driving without knowing how
fast or how long or where to, but know-
ing that soon he would have to stop. He
was conscious of ‘turning down several
roads and then coming back to try the
opposite direction, the darkness making
it difficult for him to pick out a suitable
spot.
Then he thought of the beach they
had spent the morning on, where Rich-
ard had played in the water and they had
lain upon the warm sand, letting the
brightness of the sun try to penetrate
into the deep wounds of their unhappy
marriage, hoping that Gertha would
come to her senses and stop all of these
separations. Three times he had lost her
and three times she had come back when
she tired of others.
He couldn't forget the humiliation and
the overwhelming jealousy that con-
sumed his every waking hour. He wanted
to possess what belonged to him. Even if
he only had suspicions to go on, tracks in
the ground about the back door, where
he had to put a padlock to appease his
nagging mind, glances at male customers
in the cafe where she worked, smelling of
whiskey whenever she went out with-
out him. These had sickened his heart.
If he couldn’t have her, no one would
now.
He parked the car on the highway and
70
walked down to the beach, picking the
farthest spot. He dug at the sand with his
bare hands. When he had dug just deep
enough and wide enough, he carried her
still body down to the grave, removed
her rings and wristwatch, hurriedly
pushed sand over the form.
He dragged his feet back and forth,
covering his tracks as he went. He got a
rag from out of the car and went down
to the water to wet it. He washed, his
hands and face, then went back to wash
the blood from the car, twice rinsing the
bloody rag in the gulf. When he was
sure everything had been done he started
for home... .
Chief Brown continued coaching Rich-
ard hour after hour, hoping for some
threads of information that might help
him to know where to begin tracing the
murderer. ; ;
“Richard, how could you have come all
the way from Mississippi to‘the gulf in
just a few hours? You said you had break-
fast at home and lunch at a little stand
by the beach. I can’t understand that.
True Police Cases
is America’s quality fact-detective
magazine. In every issue you will find
stirring murder-mystery cases from
real life written by the best authors:
you will find exciting controversial .
features of the day penned by authori-
ties in the field of criminology; you
will find cartoons and punchy,
humorous short-features; The Edi-
tor’s Beat introduces you to impor-
tant men in the law-enforcement
world, men who are Big Names, as
the editor does his beat gathering
material for TRUE POLICE CASES.
You're sure you hadn’t been ay all
night? How could you have come from
somewhere in Mississippi yesterday?”
“Oh, we moved from Mississippi when
Mother married Daddy Noel.”
“Where to?”
“Not far from here.”
“You don’t remember the town or the
state?”
“No, sir.”
“Well, was the license plate on Daddy
Noel’s car the color of the one yp there .
in front of us?”
“Nope. But it was green, I think.”
“Like the one coming toward us?”
“Yes. That's it!”
. “Now,” the silver-haired man breathed
in a deep sigh of relief, “can you remem-
ber your Daddy Noel’s name?”
“His middle name was like the street
we lived on.”
Knowing the car bore a Florida tag,
with the state line a few miles from At-
more, it might cut down the search to a
much smaller area.
“Do you know where your step-father
worked?”
“He drove a bus.”
“A Greyhound?”
“No.”
“A city bus. Maybe Pensacola City bus,
eh?”
“No. It was a Florida city bus,” the boy
insisted.
Further questioning led nowhere. The
boy had told all he knew but at least they
had something to work on. The chief of
police transmitted all of his informa-
tion to the State Highway Patrol and
they began narrowing down the cities
that had streets with names like those of
bus drivers employed in the locale.
Lt. O. P. McDuff, of the Bureau of
Investigation went to Pensacola to see
what’ he could find out. The sheriff
of Escambia County, R. L. Kendricks,
assigned Deputies Crokett Wilson and
J. D. Owens to the case. They began
with the bus companies and found out
that the Florida Pulp and Paper Com-
pany at Cantonment, Florida, ran a bus
rom Jackson Street in Pensacola to the
factory six times a day. The driver's name
was Noel Jackson Grant. Grant, 39, lived
at 603 North Eighth Avenue at the corner
of Jackson Street.
It was near midnight when Florida
State Highway Patrolman Sergeant M. E.
Tanton joined the group for the purpose
of apprehending the criminal in front of
the two-story apartment house on Jack-
son Street. An elderly woman answered
the door, Mrs. Ulla Morgan, the land-
lady. They found out that a couple and a
little boy about six years old lived in the
back apartment and that their names
were Grant. The three had been away
over the weekend, as they often were.
Grant had returned shortly after mid-
night Saturday. He drove his bus Sunday,
came back home and went to bed. He
was sleeping in his apartment right now.
They have lived with me for a year
now,” Mrs. Morgan said, “and they
quarreled sometimes, but otherwise they
were quiet people. He drank some, but
he never got drunk. I talked with him
Sunday morning before he left for work
and he said that he had taken his wife
eet of the way on a trip to see her folks.
mentioned something about the boy
being taken out of school and he said she
might put him in school there.”
Without telling the landlady what had
happened in Baldwin County, Lt.
McDuff showed her the morgue pictures
of Mrs. Grant’s body.
“Have you seen this woman before?”
he asked.
Mrs. Morgan gasped and reached for
the support of the nearest chair. ‘““What
has happened to Gertha?”’
“Is this Mrs. Grant’s picture?” Wilson
asked.
“Why yes, but what happened?”
“She has been murdered,” Owen said.
“Oh, no! Poor Mr. Grant!”
“Mr. Grant murdered her,” McDuft
added to the shock.
“Oh, no,” she repeated, as though lost
for words.
No light shone through the door: the
officers could hear the sound of heavy,
even breathing.
They threw
their flashligh
once. The lig
aroused t
grabbed
lay at the
“You're unc
your wife, Ge
The accuse:
nered look of
gray by natu
wide and gla!
Tanton to th
school-bag hu
“Do you th
needing this |
bag in front
“No. I kill
give me that
self,’ Grant |
“Why did
questioned.
“She was 1
six other m«
them too an:
The killer
handcuffed !
car. He tall
back to Bay
covering tw
aggravated
eriodically
ele withi
and freque:
at, hoping t
suspicion, a
even a Cast
tomer.
In Bay !
seven-page :
tails of the
der, telling
the fatal jc
retracked h
three highy
spot to Cal
deep-st
as he s
Rick
for he had
wife while
back seat
ard had a
placed the
the two f
moment,
Gertha to
she turne¢
butt of th
fired a sho
car andr
he caught
the grou!
hand, he
and fired
back; she
sciousnes:
He the
into the
hard aga)
into the
to inquil
necessary
about th
mother.
fooled b
try to k
pened a:
Richard
the time
step-father
la City bus,
is,’ the boy
where. The
it least they
‘he chief of
is informa-
Patrol and
1 the cities
ike those of
locale.
Bureau of
cola to see
[he sheriff
Kendricks,
Nilson and
‘hey began
found out
?aper Com-
i, ran a bus
icola to the
‘iver’s name
nt, 39, lived
t the corner
| Florida
ant M. E.
the purpose
| in front of
se on Jack-
n answered
1, the land-
ouple and a
lived in the
heir names
been away
often were.
after mid-
bus Sunday,
to bed. He
t right now.
e for a year
“and they
rerwise they
k some, but
d with him
eft for work
cen his wife
ee her folks.
nut the boy
l he said she
ere.”
dy what had
county, Lt.
gue pictures
ian before?”
reached for
hair. “What
ire?” Wilson
>ned?”
’ Owen said.
McDuft
hough lost
he door: the
id of heavy,
They threw open the door and flashed
their flashlights in many directions at
once. The Fight that fell on the bed
aroused the man sleeping there, He was
grabbed as he lunge for the gun that
lay at the foot of the bed.
“You're under arrest for the murder of
your wife, Gertha Grant,” McDuff said.
The accused man had the crazed, cor-
nered look of a beaten dog; his eyes, soft
gray by nature, had suddenly become
wide and glaring. They followed Officer
Tanton to the side of the room where a
school-bag hung on the wall.
“Do you think the little fellow will be
needing this now?” he asked, holding the
bag in front of the cornered man.
“No. I killed them both and if you'll
give me that gun, I'll wind up with my-
self,” Grant pleaded.
“Why did you do it?” Crokett Wilson
questioned.
“She was running around with five or
six other men and I was going to get
them too and then end it all myself.”
The killer offered no protest when they
handcuffed him and took him out to the
car. He talked freely during the drive
back to Bay Minette, telling a long story
covering two years of continued and
aggravated jealousy. Apparently he had
eho | added fuel to the jealous
ame within him by spying on his wife
and frequenting the places she worked
at, hoping to happen upon some bits of
suspicion, always suspecting the worst of
even a casual glance given a male cus-
tomer.
In Bay Minette he readily signed a
seven-page confession, going into the de-
tails of the grim and cold-blooded mur-
der, telling every turn he made during
the fatal journey, showing how he had
retracked his way back and forth over
three highways searching for a suitable
spot to carry out kis wife’s death. His
eep-sunken face betrayed little emotion
as he spoke.
Richard had been a thorn in his plans,
for he had wanted to do away with his
wife while the child was asleep on the
back seat of the automobile. But Rich-
ard had awakened too soon. Noel had
placed the gun, conveniently, between
the two front seats. At the opportune
moment, he stopped the car, telling
Gertha to see if her door was closed. As
she turned her head, he hit her with the
butt of the pistol, stunning her, then he
fired a shot into her leg. She got out of the
car and ran around the back, falling as
he caught up with her. They tussled on
the ground and when he had freed his
hand, he raised the gun to her stomach
and fired again. This time her eyes rolled
back; she said, “I’m gone,” and lost con-
sciousness.
He then picked her up and put her
into the trunk of the car, closing the lid
hard against her body. When he got back
into the car, the boy stirred and began
to inquire about his mother, making it
necessary to think up a story to tell him
about the sudden disappearance of his
mother. But the child was too smart to be
fooled by fairy tales so Noel decided to
try to keep as much of what had hap-
pened as possible from the child. When
Richard heard the third shot, Noel knew
the time had come to get rid of him.
The men at Bay Minette kept the fact
of Richard’s survival away from the ac-
cused step-father for three days, planning
to bring the boy in from Atmore and see
what would hepyee when he was con-
fronted by the “ghost” of his step-son.
Chief Brown did not tell the boy about
the trip, so that he would not worry about
seeing the man who murdered his
mother. Richard had become a happy
member of the Brown household now,
playing normally with Kenny, the offi-
cer’s grandchild, seemingly Pappy with
his companionship. He had been left
alone through much of his childhood
while his mother worked as a waitress in
restaurants.
Richard remembered many of the
men he had met on the previous trip to
Bay Minette, the day he was picked up.
He smiled at everyone. When the accused
man appeared in the doorway Richard
evinced overwhelming surprise, but said
nothing. He turned and went to Brown's
opened arms for shelter.
Grant's eyes widened; his breath came
fast. “Now,” he said at last, slowly, tedi-
ously, “I don’t believe she’s dead.”
F.B.1. Inspector Kreis pushed a morgue
picture of his wife before him and asked,
“Now, do you?”
He didn’t answer and from that mo-
ment on for an entire week he spoke to
no one, not even the lawyers the State
had obtained for him. He would eat
nothing, he tried to slash his wrists with
a razor blade as he shaved. Sheriff Taylor
Wilkins sat Grant down on his cot and
spoke calmly but determinedly to him:
“Listen, this is getting you nowhere.
Judge Francis W. Hare has assigned two
lawyers to defend you and to help you if
at all humanly possible. Both W. C.
Beebe and Forrest Christian are here to
see you but they can’t help you unless
you help them. Now, if they leave with-
out seeing you today they won't be back,
and I can’t blame them. Do you want a
fair trial or don’t you?”
Grant kept his silence momentarily,
then spoke. “Okay, I'll see them.” |
Grant’s lawyers entered a plea of in-
sanity and the case was heard in a packed
Baldwin County Court House, April 26,
1947, with Judge Hare. residing. Solici-
tor A. H. Elliott and H. M. Hall were
the prosecuting attorneys. Grant spoke
on the witness stand for twenty minutes,
uninterrupted by either defense or prose-
cuting lawyers blandly covering the two
years of his married life with Gertha
Gooden Grant.
Grant was brought before Judge .
Francis W. Hare, April 26, 1947, in a
packed Baldwin County Court House. A
plea of insanity was entered by his law- .
yers and, taking the witness stand, Grant
told the complete story of his life with
the murdered woman, without either the
defense or prosecuting attorneys inter-
rupting to question him.
A charge of murder in the first degree
was brought by the jury after deliberat-
ing for more than an hour. Grant heard
this charge without a change of expres-
sion. A twitching of the left eyebrow was
his only ouewkrd emotion apparent dur-
ing the whole trial. He was sentenced to
be electrocuted August 7, 1947.
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GRANT, Noel J., wh, elec. AL (Baldwin) March 19, 1948
Please,
Let Me
Out
w The |
where it
Ala. He «
and his
he was s
morning,
and his {
wet. His
he appez
for help
Two nm
of them
alone a
stopped :
making <
his frigh:
went to
“Your:
of cold.
The bc
piteously
him up :
overcoat
the car
to him, tc
to hear t
‘just sat
They t
down. the
got him
turned a
had almo
his eyes
his cheek
“He’s i
he isn’t
creek son
It wasr
the area .
age was
shoes we
hiked, an
that a bo)
decided t«
youngste:
give arid.
Or put hi
He wa:
Atmore p
‘some of h
a chair in
the wall 5
40
awakened. Awakened and demanded
to know where his mother was and’
‘what had happened. :
Then it was that Noel Grant, not
knowing how much or how little the
child had seen. or understood, was
a? with the need of another mur-
er. :
«Yet he could not bring himself to
shoot the boy in cold blood. He had
driven on through the night, caught
upina a yp web of indecision,
until finally he had crossed the bridge
at Perdido River. Lost River...
There decision had come to him. He
had turned to the boy, dozing beside
him on the front seat, and using the
at ne him a vicious blow on the
ead.
Then, still moving in a half-crazed
daze, he had carried the boy out of
the car, dropping him over the bridge
into the swirling, swift moving cur-
rent below... he
The sudden shock of the cold water
must have brought the boy back to
consciousness, and with the instinct of
some small animal he had sought the.
shore and clambered up to the high-
way. :
But that Noel Grant had no way of
knowing.
THE FARMER’S MISTRESS
CONTINUED FROM PAGE 23
from. At least its a big beginning.”
_.“Let’s go, then,” said Speenburgh
crisply. ‘
Reaching for the phone, he put in a
long distance call to Pennsylvania—
to the office of the county clerk at
Honesdale.
’ The two men waited in silence while
the clerk at the other end went
through his records. When at last. his
voice came over the wire again, the
District Attorney’s face grew grave.
He turned to Maynard as he hung up.
“They have no record of a marriage
between Charles Hastings and Lydia
hi. gt What do you make of
a Aaa "
Maynard drummed his fingers on
the desk top. “That Hastings is a liar
—if' nothing else.” He squinted un-
seeingly across the room for a mo-
ment, then straightened. “Maybe we
can find out a few more things that
Hastings lied about,” he said. “Let me
have that phone.”
_ This time the ‘wires hummed_ to
Equinunk and Maynard, listening
closely, had a long: and earnest con-
versation with the police of that
Pennsylvania town. hen he had
finished, he had other startling infor-
mation for the D.A. :
“Up till a month ago, Lydia lived in
Equinunk as the common-law wife of
Hastings. They left suddenly, with-
out. telling anyone where they were
pone. But here’s the big thing. Be-
ore she took up with this Hastings
. fellow, Lydia was going with a man
named Dent—Mason Dent. She had
gone with him for four years.”
Speenburgh whistled. “That is some-
thing,” he agreed, seeing’ the possi-
bilities instantly. “Is Dent still in
.Equinunk? Can they get him for
questioning?”
‘“The Equinunk people are lookin
for him ndw,” answered Maynard.
‘When they pick him up, they’ll send
him up for questioning.”
“It looks interesting,” said Speen-
burgh. “If the woman lived with Dent
for four Pagers and then suddenly ran
off with Hastings. ... Well, more than
one man has committed murder when
his woman has run out on him.”
The phone on the desk rang shrilly.
Speenburgh answered; the Equinunk «
eg were on the wire again. They
ad picked up Dent, who declared he
knew nothing about the death of
Lydia_Hugaboone, but agreed to go
up to Delhi for questioning. He would
leave at once.
An hour later, F. B. Whittemore, an
engine expert of the company that
had manufactured the milking mach-
ine motor, arrived at the Sydney bar-
racks, Maynard ordered that he be
taken imediately to the Hunt farm,
arranging to meet him there.
OTH PARTIES arrived at the ren-
dezvous_ almost simultaneously.
And parking his car in the drive-
way, Maynard led the way directly
toward the barn. By the time they -
reached the engine room Hunt, who
had _ witnessed their arrival, came
striding down from the house to join
them. To Maynard’s surprise, Hastings
trailed along in his wake.
“Just going to have another look
at that engine,” explained Maynard..
“In case there’s any question about
the insurance.” ‘
_ Whittemore took off his coat, opened
his tool kit and with expert hands be-
gan to dismantle the motor. Cov-.
ertly Maynard watched Hastings. The
man shifted from foot to foot, staring
in silence as though the engine had a
fatal fascination for him. Suddenly -
Maynard shot a question at him. .
“Why did you tell us you and
Lydia were married?”
brought to trial before. Judge
Francis Hare, in the Baldwin
County Court House. His lawyers had
entered a plea of insanity, but at the
trial Grant stood and recounted in
full detail the story of his unhappy
life with Gertha Grant, and her mur-
0’ APRIL 26, 1947, Noel Grant was
der.
It took little more than an hour for
a jury to return a verdict of murder
in the first degree. .
' And ‘the sentence followed almost
as swiftly.
Death in the ‘electric chair on
August 7, 1947.
Hastings jumped as though he had
been stung. Then a slow tide of -
color rose up in his cheeks. “I—I.said
that for her sake,” he explained. “For
her reputation. And maybe Mr. Hunt
wouldn’t have hired us if he knew
we weren’t married.”
Behind Maynard, Hunt made a © hl
teral noise in his throat. But May-
nard didn’t stop then to interpret it.
“Did you two intend to get married?”
he asked Hastings.
The color in Hastings’ face deep-
ened. He opened his mouth* and
closed it a or. of times, swallowed,
then said in a low voice: “We couldn't.
Lydia had been married before. She
hadn’t seen her husband in years but
they weren’t divorced.”
“You don’t mean Mason Dent, do
“you?” Maynard asked casually.
At the mention of the name a look
of hate crossed Hastings’ face, then
vanished. He shook his head sullenly.
“No. Not him.”
Whittemore threw down a wrench
and looked up. The various parts of
the motor uy, scattered around him
where he knelt on the barn floor.
“Inspector, did you say you had a
witness who claims he heard a loud
explosion?”
“Yes. This man, na had right
. here,” answered Maynard.
Whittemore got to his feet and
faced the farmhand. “I’m sorry,” he
said evenly, “but there’s absolutely
a J
Mrs. Peggy Wallner of West St. Paul, weeps when a coroner's inquest sets her free
‘on self defense plea. She was charged with killing her husband in a quarrel.
ww Jak
|
-. 1 The little boy was standing by the side “of ‘Highway 31,
where it bridges rushing Perdido, Creek south’ of Atmore,
and his thin arms were hugged tight against his chest and ;
he was shivering and sobbing. It was cold:that brisk March
morning, and his hair was plastered down'on his forehead:
and his thin trousers and short-sleeved white T-shirt were
wet. His lips were blue and his teeth were chattering and.
he appeared to be too frozen to even lift.his arm to wave
_ for. help to any of the passing motorists.) ~<°
Two .men,, both frori:'Mobile, ‘came riding. along: and one,
of them got a‘good look at the kid standing ‘so strangely -
alone a. mile-at. least from the nearest farmhouse. They
stopped and backed: up to him. He stared at them, without
making a move towards the car. His misery‘was so obvious,
- his fright so clear, that one of the men quickly got out and
went to him. my é
“You're soaking wet,” he-said. “You'll catch your death ~
of cold. What are you doing way out here?” |
The boy. didn’t answer but kept. looking. up at the man
‘8 by WoW. WARD
»
still shake from time to time, though the. room was cozy
- and. warm. He didn’t seem to hear them when they asked
Ala, He couldn’t have been more than six or seven years old
him questions: It was midmorning when he took his first sip
‘of some hot chocolate they had brought him and then, after
a minute or two, he gazed around.
“Who are you, son?” the police chief said quickly. “Tell us
-your-name!”
The lips moved, silently at first, then words came.
“Richard Alvin Jamison,” he said, almost in a whisper.
“Where are you from? What were you doing out there?
- Where is your mother—your father ... ?”:
“Tears flooded ‘his eyes and he began to tremble again.
~ “They—they put me out of the car,” he sobbed, “and
drove away and left me... .”
That was it. The rest was apparently too horrible, to him,
to relate and his mind mercifully let him slip back into his
trance again. :
Child abandonment cases weren’t unusual. The policeman
“who had furnished the clothing took him home and his wife
put the boy to bed. They had hoped their own: children
piteously, still crying a little and shaking. The man scooped . might sriap him out of it, but he didn’t seem to see or hear
__. him up and carried him to the car.’ He wrapped his own them, He went to sleep the moment his head touched the
overcoat around him and put him in the middle and turned_ . pillow. ES
the car heater up as hot as it would go. They tried to talk «The Atmore police notified Baldwin County Sheriff Taylor
to him, to question him, but the youngstér didn’t even appear
. to hear them. He kept his frightened eyes on the dash and
‘just sat there and shivered and cried. ra
_ They took him to the police station at Atmore, a few miles -
down the road, and while they waited for. the.doctor they
got him dried and into some warm’ clothing,. though he
turned away from'the hot soup they put: before him. He
had almost stopped shaking when the physician arrived, but
his eyes were still staréy and an occasional tear ran ‘down
his. cheeks. é ;
“He’s in a state of shock,” the doctor said. “It’s'a wonder
he isn’t dead. of pneumonia. He must have fallen into the
creek sometime last’ night.” pee
It wasn’t as simple as that: The police: went out to check
the area and learned that no one knew the boy, no kid that :
age was missing anywhere around. His + |.
shoes were missing, so he hadn’t hitch-
hiked, and it-was almost out-of the question
that a boy his age would try, unless he had»
decided to run away from home?%as so many.
youngsters do. But what motorist would .
give aride to a six- or seven-year-old boy?
Or put him out in the-middle of nowhere? .
He. was’ a pathetic sight. One of the. -
Atmore policemen had brought him.down —
some of his own son’s clothes and he sat in.
a chair in the police chief's office; staring at.”
the wall with big, misery-filled eyes, He’d ©
heard
heard
A child
voice; a gas
station
attendant
Wilkins’ office, who immediately issued the necéssary bulle-
tins to start a search for the parents of the boy. The state bu-
. reau of identification was notified, as well as all state missing
persons bureaus, police chiefs, and sheriffs in adjacent coun- |
ties. Phone directories were checked for families: named
Jamison, but none of them had a missing boy. It was assumed
that the heartless mother and father had put the boy out by
the bridge, and driven away. Possibly, in trying to find a
warm spot under the bridge, the kid had fallen into the
water: The doctor had found a bump on his head, where he
might have hit something as he fell.
. Sheriff Taylor Wilkins was trying to figure out what else
he could do when an urgent call came from the extreme
‘ southern part of his county, from Gasque. A man had been
driving along the Fort Morgan Road, Highway 180, which
Ti "ran along the narrow spit of sand that
dhe es runs out to the old fort site and nearly
encloses Mobile Bay. Six miles east of the
entrance to the fort, now a national park,
he had been driving slowly and noticed an
unusual’ depression in the sand some 20
the ~. feet off the road. He continued on but his
mind had registered that sticking out of
the sand was what looked amazingly like
a human hand. It couldn’t be, he thought,
but the idea got even more convincing
until he had to stop and back up to the
it: a spot. He got out (Continued on page 76)
killer heard.
No one
gave heed
NR ARMM i uk do SAR lA lll A i ea aR NIN ad TN hte SL
: mance eS
side the back door of the drugstore. He was ©
Byron R. Heartz, 21. Officers said Heartz -
fought with them when they found him wait-
ing in the car, and they’d had to subdue him.
He’d suffered head cuts and bruises and—like
Derrera—was treated at Denver General and
jailed.
Tommy Lamirato, the Livin ie clerk,
also initially in critical condition, also was re-
covering.
Only for Tony was there nothing but critical
listings.
Until the middle of May, three weeks after
Tony had been shot and when the lilacs were
beginning to bloom around Denver yards.
Then a doctor walked up to Marcia and her
mother-in-law in the hospital hall. :
The doctor looked at them, and grinned,
“IT think he’s going to make it,” he said.
Four times, Tony had gone on the artificial
kidney as a “last resort.”
Four times, he had survived.
On Wednesday, May 17, the Colorado Gen-
_ eral doctors told Marcia to bring her daugh-
ters to Tony’s room.
At first Debbie and Ginnie didn’t recognize
him. Tony had lost so much weight that he
was like a skeleton of the man they’d known
as father. But Tony convinced them, finally,
that he was—indeed—their daddy, and they
hugged him and kissed him as gnly a man’s
children can do.
Horan, out of the hospital, came to Tony’s
room and told him how sorry he was that he
had shot him. Horan’s partner, Patrolman
Peters, also visited Tony.
Police Chief James Childers, a huge bulk of
a man, went to Marcia and ‘told her that if
she needed a babysitter for the children while
she was at the hospital, he would provide one.
With Chief Childers when he made the offer
was Sergeant Horan’s wife. ;
Other policemen who wouldn’t know Tony
Brunetti if they*saw him on the street went
to the hospital to donate. blood to replace the
pints used to keep'Tony alive.
And on Wednesday, June 7, Tony Brunetti:
' went home.
Tronically, noctors at Colorado General still
weren’t sure that Tony would live.
But Tony was a family man. In the hos-
pital so long, separated from his wife and
daughters, Tony was way down psychologically.
He needed to” be home—home with his family
and friends, home where he could eat some of
Marcia’s delicious, home-cooked food.
So the doctors tricked Tony and Marcia.
They told Tony he ‘was cured, but told him
‘to come back in five days for a checkup.
Tony did*just that. He went home and lived
there five days, enjoying his wife and the kids
and the relatives and Marcia’s food, and then
he went back to the hospital for that “check-
up. ”
The doctors were waiting. for him. They had
the operating table ready. They told Tony © ing.
an infection had set in around “his terrible
wound, that they had to operate—and that
they had let him go home only.to give ‘him a
“taste” of home, to make. him want even more
to leave the hospital,
Tony went into surgery with a smile on his
‘face. He knew he was going to win,
And he did.
Doctors erased the infection and, in another
few weeks, sent him home, for good.
He’d have to come back every once in a
while, for a checkup. But it would be just a
checkup, that’s all.
No more surgery.
' -Tony went home and tried to recover, But
he quickly became aware of the lack of cash
‘needed to support his family. -
He couldn’t support Marcia and his daugh-
Please Let Me Out
continued from page 19
of his car and walked over. It was a human
hand. A woman’s. The fingernails were brightly
painted.. There was a wedding ring on the
fourth finger. It hung limply, as a hand ‘does
when a person is asleep, and the skin was as
fresh as if the woman was alive down theré
under the sand. He reached for it, as if to pull
her out, but he couldn’t bear to touch it. He
ran back to, his car and sped to his own home
in Gasque, seven miles away. He phoned the
police chief at Foley, the largest town’ nearby,
who passed the information along to Sheriff.
Wilkins in Bay Minette, the county seat.
The sheriff, with H. F. Hall, his chief deputy,
drove down immediately.. The Foley police,
with first curious, then horrified, spectators, had
ringed ‘the spot and were staring in morbid
fascination at the limp hand sticking’ out of
the sand. The Baldwin County officers began
to dig immediately. They soon lifted out the
slim body of a pretty woman who looked to
be in her late 20s. She was fully dressed and,
though’ stiff, did not seem’ to have been dead
very long. She had been shot twice, in the neck
and through the heart. The officers stretched
her out on the sand, within. sight and sound of
the gulf surf, while they looked around for
some kind: of clue. The sand had been tram-
76
pled by the increasing number of spectators
and nothing was found. No purse, nothing to
tell them who she had been. There were some
sandwich wrappers near: the spot, and some
hardboiled egg shells and soiled napkins as if
a picnic had been held right at the crude grave
site. There were also at least a half-dozen beer
bottle caps, and there was no telling how many
“more might have been buried in the sand.
_’ She was taken to the funeral home at Foley, .
then a check was made-of the missing persons
files throughout the state. A similar request,
with her description, went to the state agency
at Tallahassee, Fla., since the state line was not
_ far away. Then Sheriff Wilkins put in a re-
quest to the state crime laboratory at Mobile, -
Due to the macabre nature of the case, Chief
Toxicologist Nelson. Grubbs came, himself.
Through his skill and experience, he had helped
solve scores of murders during his long term
as pathologist and he drove to Foley at once.
His report, while brief, caer the investigators -
something to go on::
' “The two shots were aka. hours apart,” he
stated. “The wound.in the neck came first. The
second, in the heart, came while she was lying
down. She was fully conscious during the long.
period between shots.” > °
ters. He could barely walk around the house.
But Tony had a sincere faith in God, and it
paid off.
His bill at Denver General was $725.
_Blue Cross paid $480 of that and blood
donors—many of them policemen—took care
of the rest of that bill.
At Colorado General, Tony’s bill was a
“whopping $5386.
‘Of this, $4175 was ‘paid by Blue Cross. And
of the Blue Cross payment, $308 was supplied
via blood donors—again mainly by policemen.
This left Tony owing Colorado General
$1211.
That bill doesn’t include the groceries for
Tony, or Marcia, or Debbie, or Ginnie.
North Denver friends, working quietly and
without ‘publicity, took up a collection for
Tony and his family. With a dime here and a
dollar cont they gathered together a total of
$467.66.
That. money, plus their savings, has kept
Tony and Marcia and their two little girls eat-
Colorado General isn’t pushing Tony for the
‘$1211 he owes on his medical bill.
And that’s good,, because Tony: has no idea
how he is going to. pay this.
Last Monday morning, for the first time
since April 24, Tony went to work. He still
can’t lift anything heavy, but his foreman
‘makes sure there are other men around him to
help.
‘Some way, over the years, Tony will pay .
the bill he owes Colorado General for being
an innocent bystander in a stickup. He doesn’ t
know how, but -he -will.
- He has changed one thing, though: He never
will buy another: money order to pay another
"bill.
He has set up a checking account at a bank
to handle that job. ; a
The bullets had come from a .38-caliber gun.
Grubbs had found grease on the body and the
. imprint of.a tire tread. There was no bruise in
the tread prints, and Grubbs explained this by
stating that the woman had undoubtedly been
carried for hours in the trunk of a car where
‘the spare tire had pressed into the flesh of her
back.
All-of the usual police emergency procedures
. in such cases were put to work. More bulletins
were sent out, describing the young woman
and the nature of her death, Hundreds of peo-
ple lined up outside the funeral parlor early
that afternoon to wait their chance to file past
the bier and study the pretty face. A semblance
of terror and pain had resisted the undertak-
er’s efforts to restore the waxen features to
normality. She wore the clothing she had died ~
in, as they might be a clue; they’d been shaken
clean of sand, though the blood could not be
removed, nor was an attempt made to hide the
bullet hole in the dress.
Chief Deputy Hall was assigned to spend his ©
“full time on the case. He cruised up and down
the old Fort Morgan road seeking something
that ‘would give him a lead. He talked to the
few people in the area, hoping they might have
seen a man and woman picnicking at the
grave site.Grubbs had estimated that the young
woman had been ‘dead for from 12 to 14 hours,
. which put the time of the murder at around
midnight. Had-she and a male companion quar-
relled after they had snacked? She was mar-
ried, but the killer need not have been her
(Continued on page 79)
slide 5 eee on
m “And It
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wife. He’d
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the Village
The doct
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hadn’t’ dev
thought the
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tor’s anger
his wife h
not only w
funds, but
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finally star
murder. S«
GRAY, Wash, and WARD, Benny, blacks, hanged Birmingham, Ala., October 30, 191).
"Benny Ward and Wash Gray, negroes, were hanged in the County jail yard Firday morning
for robbery, committed in November last year. Ward was hanged first. On the gallows
he made a statement, talking about 10 minutes, in which he said he was drinking at the
time of the robbery, that he was present and shot Aaron Pollack, the storekeeper
He said he was ready to die, that everybody could not die in beds some had to drown,
some to burn up, some to kill themsevles, and it was willed that he go the way he
did. He said he had never told a lie and that he was with the gang that did the
robbery for which he was convicted, He said Wash Gray was innocent and was not in
the party that committed the robbery, The trap was sprung on Ward at 10:15 o'clock,
and he was pronounced dead at 10:30, He died from strangulation,
"Wash Gray made a statement on the gallows, in which he said he was innocent of the
crime and that 'You all are killing an innocent man.' He said he was not with Benny
Ward that night. He repeatedly asserted an innocent man was being killed. He asked
the privelege of praying and while on his knees prayed fervently, He asked the Al-
might to go into the Court House. and stop witnesses from lying on innocent people,
Just before the black cap was placed on him Gray said: 'whep you white folks are
ready, I am.' The trap was sprung at 10:52 o'clock and he was declared dead at 11:09,
His neck was broken.
"Reve Pe We Wall of the African Methodist Church, attended the negroes before they
left the jail and after ascending the gallows. The death warrants were read by Frank
McDuff, Deputy Sheriff, and the noose was fixed by Deputy Sheriff DeJarnett and the
cords and handcuffs put on by Deputy Sheriff Irving Steele, Sheriff McAdory pulled
the trap on both negroes. There were about 150 witnesses to the hangings, while the
usual pig crowd was around the alley to the County jail and in the wirldows of the
county jail, The bodies of the negroes were turned over to Bradford, negro under~
taker, who is awaiting instructions of relatives of the dead men, &ffort was made
Thursday afternoon and Friday to get the Governor to respite the negroes a few days,
in order that sme atiditional evidence might be presented, to show that Gray was not
one of the gang of robbers, An attorney went to Montgomery and discussed the matter
with the Governor but the executive did not interfere. |
"In order to steady his nerve, Sheriff McAdory, Friday morning, fifteen minutes be-
fore the hanging, drank a pint of milk."
NEWS, Birmingham, Alabama, October 30, 191) (1:h.)
"Birmingham, Alae, 10-29-191l-Proposition made to Sheriff Walter K. McAdory that he
make some arrangement whereby negroes will be able to look at the execution of Wash
Gray and Benny Ward, negroes, convicted and condemned for robbery, assaulting and
robbing a small store keeper some months ago, hanging to take place Friday morning,
commencing at 10 o'clock, was not looked upon favorably. Sheriff McAdory announces
that the hanging will be as private as possible, and he looks for no more than 50
men to be in the jail yard at the time, deputy sheriffs, justices of the peace,
physicians, members of the jury convicting the negroes and court attaches. The
proposition was that for a wholeseme effect negroes be allowed to look at the hang-=
ings The sheriff says that the law reaudses that a private hanging be conducted,
Ward and Gray will be hanged for the robbery of Aaron Pollak, a small storekeeper,
several months ago, Pollak was robbed in his store and then shot, following the
robbing a short time before of A Syrian storekeeper and the Syrian's wife. The
latter was so badly frightened that she died a few weeks later at the hospital, One
of the negroes convicted for the robbing of Pollak has confessed, and says that he
was also present at the robbery of the Syrian store keeper, Since thesé two negroes
have been in jail, other small storekeepers have been robbed and assaulted, and one
Je We Alexander was struck over the head with a piece of iron and was killed."
ADVERTISER, Montgomery, Alabama, October 30, 191) (3/2&3)
GRAY, Willie, black, hanged at Mobile, Alabama, on August 21, 1896
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| 4. WILLIE GRAY TANGED ee THE VOLUME LARGER. |!
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| Be FOR THE MURDER OF OLD MAN TRADE PRACTICALLY CONFINED i
| 2S RRS oe - _ -LYNDBURGH, TO STAPLE LINES, TES
| Bet Sa {ASAE Ase 1 sar eS : < . ‘ ee Ne
| ¥ \ : AN IMMENSD CROWD GATTIERS | . FRATURES OF THR WEEK DIFFL i
: ‘uy A ABOUT AND WITHIN THE JAIL GULTY IN MAKING COLLECTIONS £ ee id
\ ae Pe Sk WITNESS THE EXECUTION, AND HIGHER DISCOUNT RATES. t
arse y pi he ee SEF ; ’ :
Paty a. et Ten minutes and nine seconds Wil- New York, August 21.—Lradstrect’s
ie liam Gray, the negro murderer, dangled to-morrow will say: General trade |f t
~ Baas A ‘, in the air yesterday morning after the throughout the United States is practi+ |}
= és dh trap fell at 6:38 6 clock in the county cally confined to, staple linea, > The
4 yin i jail yard, when life was pronounced OX: d yolume of business is no larger. he |!
Nites ‘ A ae a Re tinet by Dr. H. T.. Inge, county physi |" - “positively cured by. these foature of the week is the increased f
j \ wht a RARE DAD | hehe ; -. Bittle Pills : ,, dithiculty in making collections and the },
‘ \ Pa - One of the largest and most determ- aittie Eahise higher -rates for mercantile discounts.
a “<5 jned crowds that eyer witnessed an exccu- | ‘“Phey also rclieve Distress from Dyspepsia, | Credits are being scanned more closely
<e sae) ey hei eis Ba onecags es Indigestion and Too Hearty Eating. <A per- a Labo fore, =~ are granted less
@ jail yard 4 urls Ug ¢ e A . . — EY . reely. ‘hieago bankers are slow to
in readiness to see the hanging of Gray. fect remedy for Dizziness, Nausea, gi rowSle | se Joans except to move the eraps, and
: 7° . LT: in th C | Ds,
By 9 or 10 o'clock Thursday night sev- | Css, Tad Taste in the Mouth, Coated Tongue } (shicaso bank deposits are decreasing. At
etal, hundred people. had gained admit- Pain in the Side, TORPID LIVER. They | Buttale, ‘Pittsburg, Charleston, Cinein-
sy hee s the jail — blag pe the pi Kegulate the Dowels. .. Purely Vegetable. nati and Galveston mereantile collections
side striving to gel nearet (Ne arge gate ; eS nre slower t sfore, Susiness j
leading into the . enclosure ! ete a Small Piil. : * Small DOSC. ee re ae sso cee tana
aeething, surging mass” of. , excited ; Sraall Price- and in North Louisiana, Texas, Southern
bumanity. A squad: of policemen on ————— | Arkansas and — Mississippi prolonged
the outside was kept busy preserving | ofter which*the last sacrament of the | drought has so interfered with business
order and clearing the way for the ad- | Methodist ehureh ayvas administered to in some sections that it amounts to a
mittance of persous having passes, The | him by Rey. Carter. Gray wore a dark, | calamity. ,
deputy, sheriffs, with several policemen rack suit. [fe wore a white. shirt. @ The total of business failures in the
gn the jail yard, had their hands full im — bape Rat yew bee oy bow | tnited States is 264, six more than Jast
keeping people from scuing the brick ane lo relate: Mowe tori gal- week, and 72 more than in the week one
walls, and despite all their efforts and | jows begaa. Sheriff Dorlan, Jailer Law | veut ago.
vigilance many gained admittance in| rendine and Assistant, Jailer Reub Dor- Bank elearings throughout the United
that manner: At. times the ‘crowd out- | lan preceded Gray, who walked with a | States amount to only $81,000,000 this
side the jail yard pressed with such | firm step between - Rers. Carter and | week, almost exactly the same toll re-
foree against the large gates facing Con- Wrazier. 1 hey all ascended the xallows ported for, the third week of August,
. gress street that a hose fromthe inside | 1") this ee Then, Ol songs and i894, when the volume of trade was
, had to he employed ‘to drench with ad daha toliowe’? sro: 7o.enn ocet- | mall. Compared with last week this
i b sionally in the singing. At times he L ec
water those newrest the gate in order to | \ould fold‘ his arms and look upward week’s total shows @ decrense of 4.2
make them-fall back. It is estimated |. with a longing, trusting gaze an at | per cent., and contrasted with the week
that between 2,500 and 3,000 people | other periods would twitch his handker- | one year ago the falling off is almost 10
were in the jail yard, on the walls and | chief around bis fingers rather mer-) per cent.
yously. He eevmed+to be the most Une More favorable trade advices are, Te-
outside. Ry 1
‘Ag was recited in yesterday’s Register concerned of the S1OUD On ark ecived from Baltimore, where business .
Gray was baptized Thursday morning iy a: wondertul. ne as remarked | i" itisfactory owing to better Southern
~ hetween 9 and 10 o'clock in the jail by Gray was asked df ‘he wished to: say purchases, Jyased on the early cotton
Rey. A. C. Carter, colored, who all along anything to the audience. Lie eaid he erop, Among Southern cides, Atlanta
hus been Gray's spiritual adviser. Cray | did and’ then made the following talk, | is conspicuous for reporting better trade.
professed the Metiodist doctrine: of sal- searcely with a tremor: : mea, Southern ond Southwestern buyers have
‘ vatipn, but his nother says the reason “T am atanding here be appeared in St. Louis and are buying
bowas baptized was because he believed valahty. | DEY Reet oF net with moderate freedom for fall wants.
the Baptists’ mode of baptism was ¢or- aca eke: Bhs, Kansas City jobbere report good salen
rect. Gray said ‘that on last Monday | otanding he in all lines, and that rains have assured
morning, hetween the hours of LL and | Whiskey ‘was the CATs a large corn and fruit ¢rops to Kansas.
12 he realized that his sing had been fore; If I had been myself whea L +-- i At St. Paul there is a better demand for
given and that he was & child of God. wouldn't have been here, but [ am sat- | hawiware, groceries and drugs. \
Shortly after Gray was. ba ptized | istied God has forgiven Me. aay ewe 4 The New York stock market is dull and (es
Thursday morning he was removed by ins Let ng hee Sa eee eat speculation — is entirely — professional.
Jailer Laurendine to the cell on the T aati fool? I nae T would feel bad. Prices rallied somewhat on the slecline
southeast corner of the second floor of} J ean't talk as I would Jike to, but and became dull again with the recovery
‘the jail, and the death wateh began. The | just want to tell you where to mect me. | in rates. The gold imports announced
mf s reason for removing Gray to this cell Don't go down that way (pointing to | thus far amount to over $2,500,000 ond
: ay rae thant he mr he 8 | ead Pena [mer to ho. Hnegcly “apecial trans
Ee Fr Re i 3 M id numerous questions) whieh he (1) some f ‘ , aay s.
RARER Ea teat RA Sap iSite ng s 4 would have Ssa ertaths sairel had he |-SOulg t- Lhe Bible says faith o6 peck Aa sleet Bes
Sik: i remained in the room on the first Hoot, Ak Bune eke yrs are Oe : : auN's REVIEW. :
Be dk: where the three -last condemned negroes | ua Towent on my knees to pray to New York, Angust 21.-—-K. G. Dun &
Dek spent their last night. All during the | Godtto forgive my sin, dnd He has for- Co., will say to-morrorw, 1n their weekly
12 whe day. relatives, ministers ‘and friends | given mine as quickly a6 he forgave review of trade: Failures for the week
i? called upon Gray in his whitewashed | yours. 1 will tell you how it came to have been 280 in the United Stxtes,
SO tte cell, the furniture of whieh cons ine. It came just like laying a fan on | against 992 Just year, and 27 in Canada, i
Aga Mi solely of a cot in the southeast corner, pYOUr howd. ts scat cig fi A against 43 last year..
“ fel Oe Ilis mother, sqveral brothers and sisters yt gry or the ay pe Wak: ane re Political events of the week had no
and an annt spent most of the day and | that gun, the ‘thunder, wind aud rain. definite influence upon business proapeets, |
night with Gray. | You haven't got a hig man in your town for the phenomenal variations in sterhog
Cray got up rather eatly Thureday who can yet off yonder and send, light: exchange and the beginning of imporis |
morning and partook of a rather hearty | Wing. Monday when I got religion, If of gold, although following the great. |
nuit breakfast, atter which he laid down and | feln I had it. It has been. six mouths | pecting in Madison Square Garden on }
4 ; slept awhile, Tle ate no dinner nor sup: aml shout “se ong be tigre Le ir et Tuesday, pay be fairly attributed to the }
per. About 3 o'clock Briday morning he | Qs aot gl Rg yin Ieuh and Gaze aceumulating excess of merchandise X-
crumbled pices of bread in a cup of) tain Ind. If it hadn't, been God AC ports over imports, to whieh attention has t
we es Se site Se tt Aon * eoffee and this comprised the extent of | mighty’e will for me to be hung, T never been repeatedly called, exports from New
tine tee eae eas Se EO Oe for a whole day. : would have been here, but if it hadn't York for the past two weeks having §
When a reporter for The Register cn- | been hig will Lor Me to be here, 1] been 20 per cent. larger,” and unports §
tered Gray's cell about 9 o'clock Thurs: wouldn't have known Og Oe here 21 per cent. smaller than last reat. |
ay ELAM Sara ecscparp ends ee bent day night Gray was found sitting.on the jing Rare aber eer fa aoe 1 The rapid movement ot grain, and the ss tebe :
‘ ave arareeaen sill of the window in the southern end fret came up here. lam through.” unusually early marketing of cotton tt nds ¢
: of, the room. - By his side were three yn Cray coneluded his talk the strongly to aid the banking. syndiectte §
sacks of tobacco, two bexes of matehes, | gong, “Pm the Child of A King” was which has undertaken to regulate foreign
several books of cigarette paper, 4 Bible, | sung and Gray joined in the chorus. | exehanges. ‘ ‘
an intermediates quarterly Sunday school The minister? bade Gray good;hye when Withdrawals of money to the interior &
hook and a’ box containing a lookins it wae finished and eer me are rather large, and commercial loans |
glass. He was attired in a striped gromtaids At Go reer howd. ite are hard to place, and this niberty 3 ‘ e
» calico negligee shirt, thrown, open at the | he looked cteadfastly toward heaven. A checks many new enterprises and huci- ‘
collar and rolled up to the elbows, @ pn’) qninule later the black cap was adjusted, | ness th many departments, Bank cleats +, &
‘ of lizht- gray trousers. le was bare- | At Ui38 o'clock Sherifé Dorlin cut the | ings are small, for the week 15 per cent. iets
Nels a ge f footed and had on neither coat nor vest. | rope, the trap fell and Gray. was ushered | less than Jast year. | Railroad earnings Py
ey a ee Bs * He told the reporter he thought that he | into eternity. ‘The work was quickly | are not.as good as might be expected Zor 65
had smoked about thirty cigarettes nat and weil done, life Leing pronounce | the first half of Angust, exceeding those
aay day. extinet, 4 stated at the ae ihe of Jast year by only 8 per cont. | rt
Pee A.W. Owens, colored, was swith | ec oeseente, The distaes tieny | ‘The boot and shoe trade is rapidly near}
te ine the end af pst orders. excepting
GRANT; RIGHARDSON and ROBINSON, Blacks, hanged at Mobile, Alas, on 9-27-1867.
"From the MOBILE ADVERTISER, Sept. 27 - A large number of people crowded the jailyard
today to witness the hanging of Robinson, Richardson and Grant, the three negroes
sentenced by Judge Chamberlain at the last term of the City Court, Long before 10
o'clock a large number of negroes assembled in front of the jail, and the yard at the
time of the execution was so densely crowded that the police and military had great
difficulty in keeping open the space about the scaffold, Of the facts developed in
the trial of these negroes, we give the followying synopsis: Mr, Fred Peters, an
industrious and well-known white man, residing about 10 miles from the city, ina
fork of Dog River, was preparing to retire for the night when his house was suddenly
and violently entered by four negroes. Mrg Peters' family, consisting of a wife and
four children, were engaged in evening prayers at the time, The negroes were more or
less disguised, They demanded from Mr, Peters his money, and received from him $3.50,
all that:he had in his pocket, Before giving them this money, Mr, Peters offered
resistance, but he was unarmed, while the negroes were supplied with firearms, After
getting his money, they insisted upon his showing them where the remainder of his
money was concealed, and he refusing to do this, they seized his wife and searched
her-person in the most brutal manner, They found upon her $1,400 in gold and paper
money. After getting this further supply of money, they commenced searching the
house for more, ‘They broke.up all of the furniture and tore up a number of the
floor planks, but did not succeed in discovering anything, In the meantime, Mr.
Peters became restive, and one of the negroes fired several shots at him, Fortunate-
ly none of them.took effect. One of the. brutes took a position in front of Mr, Peters,
and with a cocked and loaded pistol presented at his breast, kept him from moving |
during the greater part of the four hours they remained in the house. He was held
passive to look upon the violation of his wife and daughter by three of the four
ruffians, ‘The daughter was ohly 12 years of age, After doing whatever they pleased
in the house, they finally left, and for several days no arrest was made, and no
clue could be obtained by the police, Finally on the 3rd of June, Grant was arrested,
On the eighth of the same month Jim Richardson was arrested, and shortly afterwards
CharlesRobinson was in the guard house, All three of these negroes were identified
by the Peters family before the City Court as having been members of the gang that
perpetrated the outrage and they were convicted by a jury and sentenced to be hung ¢
on the 30th of August, ‘The Governor, to whom communications had been forwarded by |
several city officials, postponed the day of hanging for four weeks. Another of
these negroes, Tom Smith, was arrested by Col, Dimon in New Orleans, but through
some legal quibble escaped.
"A company of soldiers was staioned in the jailyard, and with the 0 night policemen
detailed by Col, Dimon, formed a guard that was calculated to prove amply sufficient
for the occasion, Long before the hour appointed for the execution the street in
front of the jail was so densely crowded as to render it impossible for vehicles to
pass. The negroes mustered in force, and seemed to think that a reprieve or pardon
would arrive before the execution, Among those present to witness the execution were
a number of women, who, when the gates of the prison inclosure were thrown open,
vied with the male portion of the rabble in securing favorable standing places to obe
tain a view of the revolting spectacle, It is almost superfluous to say that they
were representatives of the lowest grades of society, A rough pine platform with a
cross-beam was erected in the jail-yard and excited the interest of the spectators
who thronged the yard long before the hour of execution, In company with Capt, Gran-
ger and a member of the city Press, we were admitted to the cells in which the doomed
men were confined, They seemed resigned to their fate, but exhibited considerable
trepidation, On being told that the time for the execution had nearly arrived, and
that any confession they might have to make had better be made now, they, with one
voice, declared their entire innocence, calling upon the God they were so soon to
meet to witness the truth of their assertions, The colored clergymen in attendance
then united with the prisoners in singing and prayer, which continued until the Sheriff's
assistants entered to complete the final preparations for the close of the dreaded
drama, The prisoners were markked out of the jail at 1 PM, arrayed in their white
shrouds. ‘They were accompanied by Edmund Burke and another negro preacher, and by the
Sheriff and Chief of Polices After ascending the stand the ropes were plated around
their necks, and prayer by the colored clergymen followed, The prisoners to the last
maintained their innocence, A.short address was .made by one of the clergymen, and the
prisoners made a few remarks in turn, The last words spoken by Richardson before the
platform fell were: 'Mrs, Jackson, take care of my bogk,' The rope was cut at 1:10,
Grant appeared to die at.once, while the other two struggled for four or five minutes,
Just before the rope was cut, Sheriff Granger read the sentence of the Court, At the
hatchet fall, a piercing scream was heard from the crowd, followed by a scene of wild
confusion, Two or three negro women fell over in seeming confulsions, and were borne,
kicking and struggling, through the seething mass to the gate, B,yond this, no dis-
turbance or display was made by those present, ‘he crowd in the vicinity of the jail
must have numbered nearly 3,000 persons, The trees and house-tops, fences and sheds,
and in fact every elevation in the neighborhood from which a view of the gallows
could be had were occupied by men and boys, .In the street in front of the jail wall
the c rowd was very dense, and numerous pickpockets were around, One gentleman had his
watch guard cut and his gold watch jerked from his vest pocket, but fortunately
grabbed the fellow in.time to recover it and recognized the thief who, however, jerked
away and succeeded in escaping.
"Up to the time that the condemned were brought forth for execution, no one wa allowed
inside the inclosure except those provided with passes, but afterward the gates were
thrown open and the whole yard was quietly filled with an immense number of persons,
mostly negroes, The military were well posted, and a strong police force on the ground
prevented any disturbance, and kept the crowd within bounds. Several p rsons lost
their hats and had their coat. tails jerked off in the rush and squeeze that ensued on
opening the gates, Col, Dimon assisted Capt. Granger in the execution, and everything
was conducted with the solemnity due the event," TIMES, New York, N. Ye, Oct, 6, 1867
(3/6)
GREEN, Nehemiah, black, 26, elec, Ala. (Jefferson) 8-12-19))9,
SRLS yee he eR VRT Sy (
© Ye hase che eS ka Taal Mlabeawto., FAAANILY. Or—_
Morning af (h/ 12/1042 Howse tb. tolornin, Wwanager 7 ML
Keveiry ttre tic (I Gau wee farud dead tu alow having
| ee, eo hat Byer ca tacit, V Adobhbete ld Pesrswetu hetall Chiat —
Mg ey lectint). Karun arrectid thal dhiyt eoeptseatd Nc.
No wyeotPuadea’. Edd. ot fecena hb pg ae hel Aan |
Pest Cty fark ¢chewed Hone wher the tad Aten
Aig ted es legal Gulp Carte. Lecand- _torpuld Jud fare 7)
Peoueg. fron Ltfe *t00 Cb wi Feng VI ahead.
M6 + NG hoary At pae tat Ge Lhe Liat: Soaglihy —
ft hadtane Peat Aeethargthh fron @ fu ASC Pe
on hh bs x teeiol Let of for (Off _tobtn & Conbin ae 1
He me
a "0 ‘A 2 Sf Z, / Z f 4, / 2 L , La Ke ‘iiomioiaes
GREEN, Steptoe, black, hanged Livingston, Alae, 9-15-1893, . Alo
163
6) ©) ged al
a alam , UPlas bn alae
oR Fee bis fou” tetitasChhiin ghee did
Met Ate ce a Leu) Marge auasetesone G fool jaw
4 duets EA1p010 v- Cees, LOA Pe ee eS Se Sy Pierced ae poset aneainaitiaiiie
eT por Boel, by hardy (aboot @ rite for. Ln ee
peeweretel the te? Pasi. Peonialed 45. “Bae Perera.
me Af fet Ps ta ylafne Heat taba 8 Seto, :
le Gut aud ho. drew) € phtiige Lite he
(ttt Shh, tf Fer rhid Cig belieens Us: berg!
or Bika [Se Reman 19 G3
t
,
bE
Poy eke, 8
hal als
o GREEN, Steptoe, black, hanged Livingston, ‘Alabama, September 15, 1893.6
ts as
473 SOUTHERN REPORTER, Vot. 11. (Ala.
(96 Ala. 376)
Kyue et al. v. GADSDEN LAND & IMP. CO.
(Supreme Court of Alabama. July 27, 1892.)
‘BILL OF EXCEPTIONS—PAPERS INSERTED BY CLERK
—I[DENTIFICATION.
A bill of exceptions recited that “plaintiff
offered in evidence the following statement in
writing, with its indorsements thereon. (Clerk
will here set out statement and indorsements.)
To the admission of said evidence defendant ob-
jected, aud the court sustained the objection.”
Held, that the bill of exceptions did not sufl-
ciently identify any offered evidence to author-
ize the clerk to make any insertion.
Appeal from city court of Gadsden;
Joun H. Disque, Judge.
Action by Kyle & Elliott against the
Gadsden Land & Improvement Company
to recover an amount alleged to be due
for materials furnished. On the court’s
sustaining defendant’s objection to the
admission of certain evidence, plaintiffs
submitted to nonsuit, with right of ap-
peal. Affirmed.
Jas. L. Tanner, for appellants. Dortch
& Martin, for appellee.
CoLPMAN, J. In return to the writ of
certiorari ordered by this court the clerk
of the city court has sent up a certified
transcript of the bill of exceptions, as
signed by the judge before whom the case
wastried. This is the only record of the
proceedings op the trial of the case we
can consider on appeal as the true bill of
exceptions. It contains the following
statement: “The plaintiff offered ip evi-
dence the following statement in writing,
with its indorsements thereon. (Clerk
will here set out statement and indorse-
ments.) To the admission of said evi-
dence the defendant, the Gadsden Land &
Improvement Company, objected, aud the
court sustained the objection,” ete. The
question to be determined is whether the
reference in the bill of exceptions to the
“statement and indorsements” is sufficient
to authorize the clerk of the court to in-
sert, as a part thereof, any “statement
and indorsements,” or whether, after the
record has been made up, parol proof is
admissible to identify the “statements”
referred to. The rule declared by this
court is, “The record must be so com-
plete that a succeeding officer, coming in-
to the place of the one befure whom the
business was transacted, cannot reason-
ably mistake what was done. When a
document is sought to be madea part of
it by reference, and not by copy, it must
beso described that a succeeding officer
can readily and with certainty know what
document or paper is referred to, without
reason for mistake. Parsons v. Wood-
ward, 73 Ala.352. In the case of Looney v.
Bush, Min. 413,it is declared that a copy cf
the instrument must beset out in the bill
of exceptions, or it must so describe the
paper by its date, amount, parties, or
ether identifying features as to leave no
room for mistake in the transcribing offi-
cer.” This rule has never been departed
from in this state. Moore v. Helms, 77
Ala. 380; Pearce v. Clements, 73 Ala. 256;
Strawbridge v. State, 48 Ala. 308; Tus-
kaloosa Co. v. Logan, 50 Ala. 503, The
only assignments of error are based upon
the exclusion by the court of this testi-
mony. Asthereis nothing in the record
to show what testimony was offered, to
which the objection was reserved, we
must presume it was properly excluded.
The direction of the writ of certiorari by
the clerk of this court to the clerk of the
circuit court of Etowah county, instead
of to the elerk of the city court, wasa mere
clerical error. ‘She writ was received by
the proper officer, and the return duly
made. The submission of the case with-
out objection tu this defect was a waiver
of the irregularity.
The judgment must be affirmed,
(96 Ala, 29)
GREEN v. STATE.
(Supreme Court of Alabama. July 27, 1892.)
HomicipE—EVIDENCE — FINDING OF Bopy — Cor-
ROBORATION.
1. An inquiry, on a murder trial, as to
whether witness knew the place where deceased
“was said to have been killed,” is objectionable,
in the absence of any concession on the part of
defendant as to the fact of the killing, in as-
suming the said fact.as proven, and in stating
the matter also as general notoriety.
2. vidence that during a search for the
body of deceased witness had found a place
where some person had been buried, and on dig-
ging down had found traces of blood, and cloth-
ing worn by deceased on the day of the murder,
is not irrelevant.
3. The statement of a witness that another
had shown him the place where deceased’s body
had been found is not admissible, on a trial for
the murder, merely to corroborate the testimony
given by such other; nor is the error cured by
the exclusion afterwards of the statement at the
request of the prosecution, accompanied by the
remark that the court still regarded it as proper,
although, had the witness first stated the indi-
cations of the murder, or concealment of the
body observed by him, it would then have been
competent for him to have stated for the pur-
pose of identification that the person mentioned
had pointed the place out to him.
Appeal from circuit court, Sumter coun-
ty: S. H. Sprort, Judge.
Steptoe Green, having been convicted
for the murder of Harriett Marr, appeals,
Reversed.
The state’s testimony tended to prove
that while the deceased and her daughter,
Emma Marr, and defendant were on the
road to Livingston, near the five-mile
post, the deceased and the defendant got
into a quarrel; that the defendant struck
the deceased, who said she was going to
have him arrested; and that, as the de-
ceased started off, the defendant followed
her; and that, shortly after, blows were
heard in the direction in which the de-
ceased and the defendant went. Imma
Marr testified that as she was coming
some distance behind the deceased and
the defendant she heard her mother say,
“Don't kill me;” and then she heard her
say, “Run here, babe; I’m ’most gone.”
That she went asfast as she could, and
that when she got near theravine she met
the defendant coming out of the ravine
with a knife in his hand, and the knife
was bloody. Thatshe asked himif be had
killed her motber, and he said, “Yes, and
I will kill you if you ever tell it.” The
testimony further tended to show that the
defendant buried the body of Harriett
Marr at the place where he killed her, and
(Ala.
tho rarg rd
re) : to
se] we
exciuaed.
ertiorari by
clerk of the
aty, instead
.wasa mere
reeeived by
‘oturn duly
‘case with-
ig a Waiver
ied.
(96 Ala. 29)
uly 27, 1892.)
» Boby — Cor-
trial, as to
here deceased
ob*ectionable,
n the part of
dling, in as-
nd in stating
-arth for the
‘ound a place
i, and on dig-
od, and cloth-
ȣ the murder,
that another
-ceased’s body
on a trial for
the testimony
-rror cured by
itement at the
panied by the
d it as proper,
rate indi-
him: — tho
hen been
{ for the pur-
<on mentioned
umter coun-
a convicted
arr, appeals.
ied to prove
er daughter,
were on the
the five-mile
efendant got
ndant struck
‘as going to
t, as the de-
apt followed
_ blows were
hich the de-
ens. Jémma
was coming
leceased and
sinetther say,
he heard her
most gone.
e could, and
ivine she met
f the ravine
nd the knife
himif be had
id, “Yes, and
eit.’ The
how that the
of Harriett
illed her, and
Pe ee ee:
a La
BSCR A ee 2 minal 2
A EOS Ra dat SS
Ala.) GREEN ov. STATE, 479
afterwards disinterred it, and reburied it
at another place,
Upon the examination of Barney O’Neal,
48on of Harriett Marr, as a witness for
the state, the solicitor asked him the fol-
lowing question: “During the search for
the body of Harrictt Marr, did vou tind a
place in the Cockerell field where some
person had been buried, and, if so, What
was the evidence of the burial of such per-
son?” To this question the defendant ob-
jected, on the ground that the answer
sought to be elicited thereby was irrele-
vant. The court overruled this objection,
and the witness then answered that. he
saw signs. of fresh earth having been dug
up, and that, digging downinto the earth,
he found blood and maggots, and a part
of an underskirt which belonged to his
mother, and which she wore the day she
was murdered. The defendant moved to
exclude this evidence on the ground that it
Was irrelevant, and duly excepted to the
Overruling of his suid motion.
Smith, Van Degraatt & Tra vis, for appel-
lant. Wm. ZL. Martin, Atty. Gen., for the
State. ~
you know where the five-mile postis on
the Livingston & Gainsville road?” “Do
you know where Tillman Autrey lives?”
“How far is it from one to the other?”
Simijiar questions would have elicited
facts to which he witness, if he knew,
could testify. Who said she was killed
there? Genera] notoriety is sometimes a d-
Missible to prove notice of an existing faet,
but very rarely to prove the fact itself,
It is the sater practice to observe wWell-rec-
Ogsnized rules, and especially in cases of such
grave importance. The objection to the
testimony of Barney O'Neal was properly
Overruled.
The witness Henry Green having testi-
fied, among other things. to the removal
of the budy from the grave, was asked by
the solicitor if he had shown the place to
any one, and to whom. The Witness re-
plied that he had shown the place to the
sheriff, and to Mr. Steve Smith. 30th
Guestion and answer Were objected to.
Mr. Steve Smith was then put upon the
stand, and, against the objection, of the
defendant, testified that the witness Hen-
ry Green had shown him the place. This
is the full extent of the testimony of Mr.
Steve Smith. If Mr. Smith had been ex-
amined as to facts,—that he saw a place
Which indicated that some one had been
buried there or exhumed, or marks of a
Struggle, or any signs or evidence tending
to show a murder had been committed,—
this would have been legal evidence, and
it was entirely competent for him to have
stated that the witness Green had pointed
out to him the spot where these indica-
tions were to be seen. It served to identi-
fy the spot as the Same one testified to by
the witness Green, The statement that
the witness Green had shown it to him
then would not be evidence for any pur-
pose other than to identify it as being the
same place in regard to which he had _ tes-
tified. So far, then, as the facts testified
to by the witness Smith agreed with
Green, the latter would be corroborated,
Buta witness eannot corroborate himself
by introducing other witnesses to prove
that he made the Same statement to them
to which he deposed, or that he showed
other witnesses a spot in regard to which
he had testified. It ig insisted that this
error was cured by the court by exclnd-
ing afterwards from the jury the testi-
mony of the witnesses Green and Smith in
this respect. It has been held often in
this state that testimony improperly ad-
mitted in the first instance, and after-
wards excluded by the court, with instruc-
tions to the jury not to regard it, the er-
ror was remedied, and the Objection una-
vailable on appeal. Jackson y. State, ©
(Ala.) 10 South, tep. 509; Childs y. State,
5) Ala. 30; Jordon v. State, 79 Ala. 12,
This court regards with caution the prac-
tice of admitting illegal evidence, and aft-
erwards excluding it. It hag frequently
declared that the practice cannot be en-
couraged; and when the record shows
that anything was wrongtully said or
done in the presence of the jury by tho
court, calculated to produce animpression
upon the minds of the jury tothe prejudice
of the defendant, this court will reverse
the case, Although the court instructed
COLEMAN, J. The defendant was con-
Victed of the murder of Harriett Mar ‘*,and
sentenced to behung. Thecagse is brought
here for review of the ruling of the trial
court upon the admission of certain tes-
timony. The Witness Armistead G "ay
Was asked,“ Doyou know the place where
Harriett Marr was said to have been
killed?” The Witness answered he did,
Both the question and answer were ob-
jected to. Prima facie,it may be both the
question and answer were objectionable.
It is permissible~in fact, unavoidable—
sometimes to Propound a question prima
facie objectionable, when it is merely in-
troductory to other questions, necessary
to elicit faets which are legal evidence,
Whenever it is subsequently shown that
the apparent illegal evidence ig a connect-
ing part of, or explanatory of, levral evi-
dence, and was only used as necessarily
introductory thereto, an objection to it
cannot be sustained. But unless its ad-
mission is justified by subsequent testj-
mony, oris afterwards excluded from the
jury by the court, it is reversible error,
The only other question propounded to
this witness contains the same objectiona-
ble ex pression, “ Where did Tillman Autrey
live at the time Harriett Marr ig said to
have been killed?” Both these questiong
and answers were calculated to impress
the jury with the impression as a fact
Proven that Harriett Marr wag killed, and
atacertain place, It was necessary for
the state to prove by legal evidence that
Harriett Marr was killed. If it had Deen
conceded by the defendant that Harriett
Marr was killed, and at the certain place
referred to, perhaps it would have been
Permissible to have pursued this short
Way to get at other facts, to be thereafter
Inquired about. It was an easy matter
to have framed proper questions to this
Witness in order to elicit the only facts
for which it seems from the record he was
Introduced. There was evidence tending
to show that the homicide had heen com-
initted near a designated mile post. “Do
MEO SEES ENO
Df
be SH
dai d woes
wet
<a ae
ifocn 3
Arthur Lee, and JONES, Albert Lee, whabks
3) on h-23-195) : : gs
rocuted Alabama (Russell County),
bil wir
shoved’
tae as: full
bers f:the society, In ‘Atlant
County Medi¢al Socie}
“Aadmitied. Negroes, on’ @ rest
Ane Paes ies the one: pass)
is “ gi here fast mebt. pet
Ee so hel, itt anot her fiction: ‘at Mast
Kotedtt F gmecting. the local medical’
ft A Atshy brié eee eer Dr. C, A Hende
avy Com munist ts iat. ‘ore : officers named for
thsaeh habeapry Geli Mie omg ack! u on Polk: “Land,
Gitte erik ot & p sae d'smalt Bay fary-te suret. Dr:
sy fe * re M ike 6 Nas ere aE rns * Gre Tun, medschai
Be 1 ts igeomepeesty. OME Rov Paul Cay sy MA held) er thel pmigram. committee.
ae Silt : ee Roddenberry fan
ie ies Tayotig toggea™ 44 Hem (LH
hanna sta tall ba hele ma
2) Supertorts: Blas) canes
gets near: Sinan : in
a in at:
«Carel
the) di about. three
i ieee the
A sous aortay ce of not’ having’ a pa
heling ( troops), and « supplies: ults}presented” f nesthesta wit
a St thera ldiwere. nok rereets MG
thes risavore ‘on th
maichina form: wheres “Eas ipe cl
ee Hove asthe aking AS ae gasiGs
oll :
: web ‘in? all’ Fort! Bennin
Sy rH fF (eee _ N Thanks iving:, Day. rom ee ene Bae! eget %
Be the weatherman: said Jast: night 5 “ede Flat Tt asmecThal
1 ' : “Skies! are) expected: to ‘clear, te
te pay Rue er said’ the: Alabama mghtiafter!a: aucun how erst oe Tenet
ifhhe marshal ta Dry C) S-learter today) the Muscogee: Coun-!Sheffield.. 7 .
hat AtIN Sin ad : Teekay ty Meatben eat reported. the: ea: seat Thanked
eaeal ATH bas: essential business! activtd-| Dav’ Service of: downtown chure
‘Hey, wall) Halt) Tharsdava: hs." twill be heidi ati 10am; at eer
“| Mai cogee) schools will be. closed) ;}Baptst Church: 7
ursdax) and: Priday.for) the bols-b) Dr’ Robert Bo McNeilly, new" :
ldav: Thanksgiving, proxrams wilktor, of; the! First | Presbyt
SOO: OMBUS! ANB: VICINITY? Sobel given) in’ school |.¢ Tobariene ea At wale will at the ptingine spe
ady and. cooler with! chanesar ae we
i cer,
arene! abachaiin CMe ") : wh ‘Travel: facilities! are expecting ar,
hai ger’ boliday: | rush and one bus) Special music
tt compan official “'said™™ that “this by the choir (of
urs Vear $s) travel is: ext ected fo top! ‘Church: with Sina
é tha of last sear. Mins jas organist 3
_ Drive: Safety) noe
"Sheffield, Dec, 1), 1923-Sam Greenhill and Dave Dewberry, were taken to jail in Birmingham
on afternoon of 12=1);, They had been under guard at camp number two since arrest, Guards
had intimated that they had been spirited away for safekeeping but such was not the case,
Both were in good ppirits and seemed not to regret crime, Their only fear seemdd to be
that they would be lynched, AGE HERALD 12-15-1923, .
e@enreoe
SAM GREENHILL, (Black) - Hanged, Florence, Ala.
(Federal) on Oct. 9, 1925. :
"Sheffield, Ala., 12-9-1923-Mystery still surrounds the slaying of harry S. White, 36—
years-old, a government guard at U, S,-‘itrate Plant No, 1, here Saturday (12-8), He was
shot while riding his horse on his beat, his body dragged 50 feet and thrown into an unused
cistern where it was found in two feet of water, Officials so far have been unabel to es-
tablish a motive for the crime, The revolver carried by the officer was missing when his body
was discovered, but 72 cents in change was found in his potket, ‘“hite came here a few months
ago from Savannah, Ga." AGE HERALD, Dec, 10, 1923, Birmingham, Ala.
"Sheffield, Dece 10, 1923-Government detectives and county officials are at work attempting to
clear up the brutal murder of Harry F, White, Saturday morningese.sSeveral motives are being
advanced for the crime, among them an old arrest, jealousy and bootlegging, The fact that
the crime was committed on government property and that a government employee was slain
caused the government to take an active part in clearing the crime,..,"AGE HERALD, 12—21-1928
"Sheffield, 12-11-1923-The alleged slayers of Harry S, White of Sheffield, mounted guard at
nitrate plant No, 1, have been arrested and have confessed the crime, according to officers.
They are now in thecounty jail at Tuscumbia. The men held are negroes, Sam Greenhill and
Dan Dewberry, both of Tuscumbia, They were arrested shortly before noon today in Tuscumbia by
the police force at Nitrate Plant No, 2 and were taken to the plant this afternoon,
Questioned by officers, both negroes admitted participation in the slaying, but each blames
the actual killing on the other, authorities say, They negroes are quoted as having stated
they were hunting on plant No, 1 reservation Saturday morning and were placed under arrest by
“hitee To avoid being placed in jail and prosecuted, officers say they told them, they
killed white, dragged his body a distance of 50 feet and threw it into an abandoned cistern
containing gw 24 feet of water, They then returned to Tuscumbia, Greenhill is about 35<yearse
old and Dewberry, 30," AGE HERALD, 12-12-1923,
"Sheffield, Dec, 12+1923-Sam Greenhill and Dave Dewberry, Tuscumbia negroes, who were arrested
yesterday dnd confessed that they murdered Harry S, White, were reported spirited away last
night for safekeepings...it is rumored today onthe streets that a party of unmasked men
in several cars drove last night to nitrate plant No, 2 and demanded of the guard at the
entrance if Greenhill and Dewberry were there, They were informed by the guards that they
were not and were shown the open guard house, The cars left eh plant, two of them driving in
the directiofi of Florence, it is reported.....1n atiiition to murdering White it is now alle-
ged that the negroes robbed him and divided the money," AGE HERALD, 12-13-1923,
"Sheffield, Dec, 13, 1923-After a GHMRRGRM2Z@Xcrilling of 28 hours, Sam Greenhill, Tuscumbia
negro, has confessed to government officers that he killed Harry S, White, according to
officers, Dave Dewberry, another Tuscumbia negro, who was with Greenhill at the time has
confessed participation in the crime to the extent that he helped Greenhill carry white's
body to an old cistern and threw it in,..He is quoted as having stated he did this because he
feared Greenhill would kill him if he did not. Each negro was taken separately to the scene
of the murder, Greenhill was unconcerned and even sang there ih the presence of his guard,
it was said, The whereabouts of the two negroes is not known to the puclic....White's p&stol
which, it is alleged, was taken by Greenhill after he had killed White, was found in Green-
hill s house by the officers, After killing White, Greenhill took White's purse from his
pocket, found $30 therein and gave $10 of it to Dewberry, keeping the remainder for himself,
White's hat was carried some distance away and hidden, the hiding place being divulged by
the men in their confession, After Greenhill shot the guard, Dewberry is said to have stated
he started to run and Greenhill called him and he returned because he was afraid Greenhill
would shoot him, In their purported confessions, both negroes told of hunting on the
reservation Saturday with guns and dogs, Dewberry said that Greenhill said to him: "I'm not
going to let that man take me; if I kill hin, will you help me get rid of the body?" Dew-
berry is declared to have said he told Greenhill if he thite werekilled he would help to
get rid of the body, They walked on for a short distance and whem the dogs started a
rabbit, White turned his head, then Greenhill fired the fatal shot, it was said."
AGE HERALD, 12=1))-1923.
137 ALABAMA
HALL, Felix, black, hanged at Birmingham, Alabama, on October 23, 1903.
"(AP) Birmingham, Ala., July 29, 1903-Felix Hall, a negro, who was sentenced to be hanged
here tomorrow, has had his life saved and probably will regain his liberty. He was
identified by Te Me Morrissey, of Vicksburg, as Menry Jackson, who says the negro was
in Louisiana at the time of the killing of Norwood Clark, of whose death he was convicted,
Hall has claimed all along that his name was Henry Yackson, He said he could not estab-
lish his alibi at the trial, because he could not get his witnesses located in time,
Governor Jelks has telegraphed a reprieve, and Hall probably will be set at liberty as
soon as necessary legal forms can be complied with,"
TIMES=DISPATCH, Richmond, Virginia, July 30, 1903 (1:2.)
wn on his
et. Again,
uestions.
*! to Head-
od to the
vitsky was
.etis stared
e accusing
2d Andrew
v you did
his knees
do it,” he
‘bout the
iething, a
vehind the
ntire floor
yv layer of
nop. The
—evidently
any weeks.
r?” Colgan
bartender’s
lon’t clean
sweep out
chose his
mop—the
away the
pointed a
“T wanted
said she’d
ie way
‘e me
yman and
er at the
‘uth com-
ug. “Can’t
ny tongue
J and held
w obtained
full confes-
{ and lust:
r-old wom-
where she’d
re pleasant
f Zubitsky.
2 to cold-
cording to
3300 in ad-
d him. He
»apon with
ig been a
1, after the
», Zubitsky
liquor after
1 Zubitsky
ng the bar
en waiting
‘ out, stood
cure a mo-
cleaver.
Now panic
alized what
r was dead.
e body and
»klyn came
) the crime.
realize that
most dan-
lentify the
motaat. He
ce-box,
e ata
ad in-
: found on
— MYSTERIES
Williamsburg Bridge into the river below
but had become suddenly frightened, and
in tossing it out of his moving car, had
not thrown it far enough.
The pair were held without bail after a
preliminary hearing in Homicide Court,
where a police affidavit accused the woman
of acting in concert with Obrietis in the
murder of Andrew Zubitsky.
But after obtaining counsel, Obrietis
repudiated his confession.
This left the authorities up against a
problem. To convict anybody of murder,
it’s necessary to establish that a certain
identified person was killed by the ac-
cused.
One weakness in the case was Obrietis’
uncorroborated and repudiated confession.
But even more ticklish was the matter of
the victim’s identity. Dr. Marten was
certain Zubitsky was the victim. So were
the police. But would a jury be con-
vinced?
ROOKLYN’S District Attorney, F. X.
Geoghan, worried, paid a visit to Dr.
Marten.
“I’m afraid of what a clever defense
lawyer may do,” he confessed. “All he
has to do is to raise ‘reasonable doubt’ in a
jury’s mind. Suppose I were the defense
lawyer? In my summation to the jury,
I’d try to tear this case apart. I’d ask:
‘Where is the person who knew Andrew
Zubitsky in life and who looked upon
the dismembered body and swore that. it
was Zubitsky’s remains?’ I’d say: ‘An-
drew Zubitsky was a soldier and his finger-
prints are on file in Washington. Why
didn’t the prosecution take the finger-
prints of the corpse and check them with
Zubitsky’s?’”
“But you know why,” said the Medical
Examiner. “The hands were so far de-
composed, it. seemed useless to try. But
if the case is so shaky, I’ll see what can be
done. Frankly, I haven’t any hopes at all.”
“IT know you'll do your best,” said
Geoghan. “On you rests our chance of
convicting a confessed murderer.”
Case
been among the first to reach the fire,
told about it.
“The house was half gone then,” he
said. “Johnny Cook was wandering around,
but we couldn’t get much from him. He
was out of his head. He said he dragged
the women out and rang the bell, but he
didn’t remember anything else.”
Johnson paused, removed his chewing
tobacco, and hurled it away.
“Tt’s a terrible thing,” he continued. “I’d
like to run up with them that did it. I’d
take care of them with just my own two
hands.”
Jim Reeves had been walking about the
yard, and presently he called his brother
to one side, and pointed out the prints
of bare feet in the dirt near the store en-
trance.
“Who’d come out barefooted as cold as
it was last night—unless they were up to
no good and didn’t want to be heard?” he
demanded.
The Sheriff nodded agreement with his
deduction. They searched the yard again,
being careful not to arouse attention, but
failed to find any more such prints. Finally
they left to call upon J. B. Myers. John-
son, Hale, and two more neighbors, ac-
companied them.
Myers met them near his barns, and
sadly related that the physicians held no
hopes that his mother would survive. She
might never regain consciousness, he said,
MAY, 1941
It turned out to be the slimmest of
chances. Marten examined one finger
after another—to find that only the bones
remained. But there was one which was
different—the right thumb. Instead of the
flesh decomposing, it had become dry and
mummified.
For eight hours that day, Dr. Marten
worked with the miserable relic of the
supposed Zubitsky. He tried everything
he could think of—making molds of the
thumb in gelatine, graphite and clay—and
photographing them ‘aay various angles
and under different kinds of light.
The result was a few fairly good pic-
tures of small areas of the thumb. Marten
called in the department’s fingerprint ex-
pert.
The latter shook his head. “As far as
they go, they match Zubitsky’s Army
prints all right—but there aren’t enough
of them. I couldn’t swear in court that
the man was Zubitsky.”
Marten was exasperated. He had tried
every device he knew, and it wasn’t enough
to convict the man who was certainly the
murderer. All because of a stubborn,
mummified thumb.
He had been planning to take a long-
needed vacation. He realized he could be
of no further use in the case and so saw
no reason why he should postpone any
longer his vacation trip to the Catskills.
Before he departed, he placed the thumb
in a bottle filled with a preservative solu-
tion—as a matter of habit—and put the
bottle in an ice-box.
When he returned to New York several
weeks later. his first phone call was from
Assistant District. Attorney Becker, in
charge of the Zubitsky-Obrietis case.
Becker was frantic. “The case goes to
trial in a few days. Isn’t there anything
you can do about the identification? We’re
stuck. We found a brother of Zubitsky
living in Pennsylvania and brought him
up. He said it was impossible for him to
say whether the head was Andrew Zubit-
sky’s or not—it was too decomposed.”
arten said helplessly, “I’ll try again.”
He took out the bottle which he had
placed in the ice-box. Then his casual
glance changed to one of excitement, as
his eyes stared at the object in the bottle.
The thumb had become transformed. In-
stead of a dried mummy, it had softened
and taken back its original shape.
A miracle? No. The doctor quickly
saw an explanation for the astounding
thing which had occurred., By a weird
stroke of luck, he had mixed his preserva-
tive solution of glycerine and formalde-
hyde in just the right proportions to be
soaked up by the thumb and to restore it
to a life-like appearance.
In a few minutes, he had a superb print
of the restored thumb. And the finger-
print expert pronounced it absolutely
identical with that of Zubitsky’s.
When Obrietis heard the damaging news,
he broke down again and admitted the
crime. A jury thereupon sent him to
prison for thirty-five years at hard labor.
He was not sent to the chair because of
evidence showing that he was an epileptic
and of weak mentality.
Before trial, the prosecution dropped its
murder charge against Mrs. Zubitsky, in
view of the fact that the evidence showed
clearly that she had nothing to do with the
murder. But the thin-lipped woman did
not go free for long.
The federal authorities discovered that
she was forging Zubitsky’s signature and
continuing to cash his Veterans’ Bureau
compensation checks. The result was a
second-degree forgery conviction which
sent the woman to Westfield Farms Prison
for a term of from five to ten years. By
now she has paid-her debt to society.
Joseph Klein and his wife, of course,
were completely cleared of any connection
with the fiendish murder. In fact, their
information helped a great deal to clear
up the case. Needless to say, there was
the highest praise for the patient work by
Detectives Colgan and Hickey, and the
classic manner in which Dr. Marten took
a jig-saw puzzle and gave the answer—
Andrew Zubitsky.
of the Cracked Footprint
(Continued from page 67)
adding that the doctors had decided that
all three victims had been struck with an
axe, probably all three with the same
weapon. “And tg Johnny Cook,” he
concluded; “maybe it would be better if
he goes, too. He’ll never be right in his
mind again.”
The young farmer seemed anxious to -
talk about the tragedy. He told first how
he had dreamed of danger surrounding
his mother, and of how he had awakened
when he dreamed that she was calling his
name. :
“Was there any one else in the dream?”
the Sheriff asked quickly. °
Myers shook his head.. “No, there
wasn’t.” 4
Several of the neighbors had suggested
that robbery was the motive for the crime,
and the farmer agreed. His mother, aided
by his sister-in-law, had run the little
store since the death of his father a few
years earlier, he explained. The senior
Mrs. Myers had developed a distrust of
banks, with the result that she kept con-
siderable sums of cash in her home. The
children had no idea how much; per-
haps $1,000 or more.
During the preceding fall, Myers con-
tinued, the sons had hired a young girl to
assist their mother and sister-in-law with
the housework. The girl had been dig-
ging into a quilt box beneath Mrs. Myers’
bed one day, and had come across several
rolls of banknotes. She had told Will
Myers, another of the ald lady’s sons,
about the discovery, and he in turn had
told J. B. Myers, who mentioned it to his
mother.
The farmer smiled. “She was myste-
rious about it,” he said. ‘She whispered
that she had moved the bills to a hiding
place beneath the floor of the loom house,
and had also hidden $500 in gold there,
which she took from an old zine trunk
under her bed.”
HE girl threw up her job, a few weeks
later, he continued, and left the house.
Shortly after that his mother confided that
she had returned her cash to its original
hiding places, in the quilt box and the
trunk.
“Who was this girl? Where is she now?”
Sheriff Reeves asked.
“T don’t know. Her name is McLendon
—Julia MecLendon—but I don’t know
where she went. I heard once she left this
part of the state.”
“Did any one else know where the
money was?”
“I suppose Johnny Cook, and maybe
some of the neighbors. Some one was
there nearly every day asking for change;
maybe one of them saw her go to the quilt
box.” :
The men conversed further, but Myers
could offer no more information of value.
95
ey INNER
any mob that might have been racin
them. The young farmer was stunned an
shocked by the turn in events.
“We don’t know that Johnson is guilty—
we don’t know what he has to say,” Sam
Reeves explained. “But we’ve got to get
him some place where he’ll be safe, and
we're counting on your help.”
Myers agreed. The officers had discussed
their plans. They hoped to be able to
spirit Johnson and his hired man, Hale,
out of the community before the fact of
their arrest was generally known. With
this idea in mind, they instructed Myers
to go to the Johnson farm and tell the
men that the Sheriff wanted them to join
him on a near-by back road, to aid in
rounding up several suspects in the
murders.
EFORE setting out, Myers lent the of-
ficers a team of fresh horses which they
hitched to a light buggy. He waited until
they had also enlisted the help of a few
trustworthy men from the neighborhood.
These men, all well armed, were stationed
in points of hiding along the road near
where the Sheriff was waiting with the
team. They were charged with the re-
sponsibility of holding back a mob, should
one suddenly form. .
Johnson and Hale were eating a meal
when Myers called for them. Mrs. John-
son invited him to take a place at the
table. He declined and waited outside.
After a few minutes he told her to send
the men to his farm when they were
through; that he had something he wished .
to tell them.
He had been home only a few minutes
when they arrived, breathless and_appar-
ently worried. He delivered the Sheriff’s
message, and offered to lead them to the
spot where he was waiting. The men will-
ingly accompanied him. They attempted
to carry on a conversation, but Myers was
too overcome to speak. If they noticed
his stern countenance, they did not
mention it.
The officers saw the men approaching
and waited for them beside the buggy.
When they were close at hand, Sheriff
Reeves drew his pistol.
“You’re under arrest for murder,” he
said quietly.
The two men looked at each other, and
then at Myers. Reeves leveled his pistol
at Johnson. “It’s you and Hale that I
want. Come up here and surrender.”
The pair slowly raised their hands, and
approached the buggy. Jim Reeves quickly
snapped handcuffs on their wrists, and as
quickly searched them for weapons. They
had none. “Get into the buggy!” he or-
dered.
They obeyed, and the Sheriff put the
whip to the horses. Few words were
spoken on the trip to Troy, which was
made without event. The prisoners asked
no questions and offered no comments.
The officers were occupied with thoughts of
what might be awaiting them outside the
jail. They noticed with approval that
Myers and some of the armed men were
following with another team. in
Few residents paid attention as the
buggy clattered through the streets of the
town, but as it turned toward the jail, the
officers saw that a large crowd had gath-
ered in front’ of the entrance. There was
no time to turn back. Sam Reeves whipped
the horses again, and ran them. straight
toward the crowd. Some of the men were
waving clubs. The horses shied, but held
to their course. The cursing, shouting men
scattered. The Sheriff pulled up in front
of the iron gates to the heavy fence sur-
rounding the building, where deputies were
waiting to admit them. The mob surged
forward, but the officers and their prison-
ers were safely inside.
98
The danger was not over, by any means.
The mob was swelling at an alarming rate.
It was only a question of time before the
crowd would charge. There were shouts of
“Lynch ’em! Lynch ’em!” mingled with
other threats. Finally the cries settled into
a chant.
By this time J. B. Myers and the depu-
tized men had arrived. The guns held
back the mob while they were admitted
through the gate. Sheriff Reeves placed
them inside the jail with his deputies;
then he led Myers to the door. “Maybe
Johnson and Hale aren’t guilty,” he said.
“We can’t let them go now. If you4l talk
to the men you can make them go away.”
Myers understood the situation and
agreed. Unaccompanied, he strode to the
jail steps, and held up his hand for silence.
The chant died down, and then stopped.
“IT want you men to go home and let the
law take its course,” he shouted. “The
punishment of these men, if they’re guilty
concerns me more than it does any one of
ou. If the law turns them loose, and if we
sat they’re guilty without a doubt, then
is the time for upright folks to act. We'll
CORRECT ANSWERS TO
OBSERVATION TEST IN
MINUTE MYSTERIES
(Page 83)
I—Yes. 2—No. 3—Yes. 4—Yes.
5B—No. 6—No. 7—No. 8—No.
9—No. 10—Yes.
see that justice is done. But I want you to
go home now.”
There were mutterings and a few shouts
of disapproval. However, the leaders
recognized the wisdom of the request.
They urged that the farmer’s words be
heeded, and within’ a few minutes the
streets were cleared. The officers were thus
given opportunity to begin their ques-
tioning. 4
Sam Rivers had been brought from
Union Springs, and the Reeves brothers
decided to talk with him first.
“Sam, it sure looks bad for you,” the
Sheriff began. “Johnson and Hale blame
you for the whole thing. You’d better tell
me the full truth right now. It’ll go hard
with you if you don’t.”
The prisoner was badly frightened, and
needed no urging. He poured out a state-
ment, which was put into writing.
He related how he had gone to the
Johnson farm on the evening of the crime,
at the request of his.former employer.
“Mr. Johnson came out with a bottle
in his hand, and Mr. Hale had a gun,” he
said. “We went down the path to the big
road. They told me they were going up to
take some money from old Mrs. Myers,
and they wanted me to go with them. I
told them I didn’t want to have anything
to do-with it. Mr. Hale said, ‘We’ve told
you what we’re going to do, You’ve got to
go or I’ll shoot you.’ I went with them.”
Before they reached the Myers home, he
related, they removed their shoes, left
them in a ditch beside the road, and ap-
proached the house on bare feet. Johnson
raised a window, and something fell from
the sill. Mrs. Rachel Myers shouted to
the hired man, in a room across the hall.
“Mr. Cook! Mr. Cook! What was it that
fell?” The young man replied that he
had heard nothing.
The conspirators waited near the house
for about an hour. In the meantime Hale
had brought the axe from the woodpile.
The hired man’s window was open. They
could see him, asleep on the bed. Johnson
took the axe, and climbed inside.
“TI heard him strike Mr, Cook two good
licks,” the prisoner related.
Johnson then stepped to the room where
the elder Mrs. Myers was sleeping. Ap-
parently she had heard the commotion.
She came to the door with a brass lamp
in her hand. Johnson struck her with the
axe, and her knees crumpled. He stepped
over her, went to the zinc trunk in the
corner of the room, and struck at the lock.
Just then Mrs. Ida Myers stepped across
the hall.
_The prisoner was talking freely by this
time, and the officers had only to listen
to his grim story. Under the stress of ex-
citement, he got up from his chair to act
out some of the scenes. The officers did
not stop him.
“Miss Ida saw Mr. Johnson,” he con-
tinued, “and she said, ‘Oh, Mr. Johnson,
what does this mean?’ Mr. Johnson
knocked her down with the axe. She
raised up and said, ‘Oh, Mr. Johnson, that’s
all right, please don’t kill me. Please don’t
kill me.’ Mr. Johnson hit her again, and
kept on hitting her.”
All of this time Hale was standing near
by with the shotgun, the prisoner said, but
he did not use it. Johnson took from the
trunk a jar about six inches high, which
was full of gold coins, and Hale got sev-
eral handfuls of greenbacks from a box
beneath the bed. They also found money
in a trunk in the shed room, in the back of
an old clock on the mantel, and from a
small box in the kitchen. Then they went
to the store. Rivers remained outside, and
heard the cash drawer open. Johnson came
out with a measuring can full of kerosene,
which they threw on the furniture in the
house, and on Cook’s bed. Rivers himself
set the match to the bed.
“While we were putting on our shoes
again,” he continued, “Mr. Johnson said,
‘Here, Sam, hold out your hands,’ and he
offered me a double handful of money, but
I wouldn’t take it. I told him white folks
would catch up with me if I had all that
money. He gave me some money, and the
dime‘banks, and he said, ‘Sam, if you need
any more money, write to me.’ When I
counted the money I had $21, and that’s
all I know about it.”
“Did any one else have anything to do
with that crime, Sam?” Sheriff Reeves
asked, when he had finished.
“rINHERE didn’t anybody do any killing
but Mr. Johnson. I put the house on
fire and Mr. Hale held the gun.”
The officers were appalled by the story.
It fitted perfectly with the facts they al-
ready knew, and they could not doubt its
authenticity.
Fortified by the written statement, the
Sheriff next had Johnson and Hale brought
to his office. Without a preliminary word,
he read the statement in full.
“What do you say to that?” he asked.
Hale had been sobbing, and he sat in
silence, head bowed. “Every word about
me is a lie!” Johnson exclaimed. ‘You
wouldn’t take that darky’s word against
ours, would you?”
“T certainly will this time, Johnson,” the
Sheriff replied. “If you don’t like this,
you’d better tell me the truth as you
know it.”
The farmer would not be trapped. He re-
fused to make any statement, and Hale
did likewise. Both denied their guilt in
the strongest language they could summon.
In the days preceding the trial, the of-
ficers gradually built up a strong case of
circumstances, to back up the confession.
The remark they had heard from their
hiding place beneath the Johnson home
was incriminating. But more important,
was the fact that they found a pair of
shoes belonging to Johnson with the sole
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Finally Johnson and Hale left to make
arrangements for the burial of Mrs: Ida.
Myers, and the farmer asked to accom-
pany the officers back to his mother’s place,
to search the fire ruins. The officers had
come across the fields, and they returned
along the road. As they approached the
wreckage, Jim Reeves suddenly threw up
his hand. He jumped down a low bank,
and bent over to peer intently at the soft.
sandy earth. Myers and the Sheriff
followed.
“That same barefooted track,” the
deputy said, pointing.
There were, in fact, several tracks in the
sand, apparently made by at least two men,
possibly three. There also were shoe
prints, which disappeared into the travel-
scuffed roadway.
The three studied the spot closely. Two
or three men, who undoubtedly were the
murderers, had halted there and removed
their shoes. Apparently they had gone
barefooted to the house to commit their
foul deeds, then had returned for their
shoes, and had escaped down the road.
Sheriff Reeves pulled a pencil and piece
of paper from his pocket.
a | "LL make a drawing,” he said. “Maybe
we'll have use for it.”
He knelt down and rapidly outlined one
of the shoe prints, which plainly showed
a wide, diagonal crack in the sole leather.
The officers knew this would be a valuable
aid to identification, if and when they had
a suspect.
The fire had long since burned out and
the charred ruins were cool enough in
spots for the men to climb among them.
What was left of the little zinc trunk was
quickly located, and it was apparent that
the lock had been split open before the
fire, probably with the same axe that had
been used as the death weapon. No coins
were to be found in it, and of course the
quilt box was totally destroyed.
“My mother had some dime banks.
Maybe we can find them—they were
metal,” J. B. Myers suggested.
They searched diligently, but the banks
also had disappeared. While digging among
the timbers, they came across a two-bladed
axe, with the handle burned almost away.
Myers recognized it as belonging to his
mother, and recalled that it usually had
been left at the woodpile near the loom
house. Its presence in the ruins convinced
the officers that it had been wielded
against the victims and abandoned on
the floor of the house. Sheriff Reeves took
charge of it as evidence, although there
was little possibility that it could be
linked with the killers.
When the investigators visited the store,
they discovered that a window had been
forced. The cash drawer was empty, al-
though it had been Mrs. Myers’ custom
to leave small sums in it. Also missing was
a gallon measure, which had been kept near
the kerosene barrel. The officers decided
that the murderers had looted the till, and
then had carried oil in the measure to
‘start the fire.
The Reeves brothers spent several hours
at the farm, then returned to the County
Jail, at Troy, to map out a course for in-
vestigation. It was a discouraging mystery,
and the few facts they possessed could not
be considered ¢lues, unless the drawing of
the shoe print with the cracked sole proved
to be such. The crime had aroused wide-
spread interest throughout the state. The
eyes of the public were upon the officers
and it was up to them to find the guilty
ones. But how could they begin?
Determined to overlook no possibility,
they first considered Johnny Cook, the
hired man. It was a miracle that he was
still living after such brutal blows. There
was no possible chance that he might
96
>
identify his assailants, even supposing that
he regained full mental faculties. He had
been attacked while sleeping, and did not
become conscious until the house was in
flames ‘and the slayers had fled.
A young bachelor and an orphan, he was
extremely well thought of in the com-
munity. The officers discussed the possi-
bility that he might have revealed the
hiding place of the money to others, ex-
pecting to be paid a portion of it after
the robbery, and that he had been double-
crossed and left for dead by the conspira-
tors. But he had been employed by Mrs.
Myers for several years, and there were
many incidents to indicate that he held
a son’s love for her. It was unthinkable
that he could have been involved.
And then there was Julia McLendon, the
hired girl who had thrown up her job and
left the household soon after stumbling
onto the hidden wealth. While there might
be some cause for suspicion in her dis-
appearance, it could not be expected that
she would have told Will Myers of her
discovery had she been planning or even
considering a theft. Furthermore, she had
had many opportunities to steal the money,
without calling in men to make the attack.
The officers were personally acquainted
with all residents of the community, and it
was difficult for them to suspect any one
of them of being morally capable of the
murderous assault. And besides, Mrs.
Myers and her daughter-in-law held every-
one’s love and respect. Finally, the officers
agreed that no doubt they would already
have heard of the presence in the com-
munity of any stranger who had been
seen either before or immediately after the
crime.
“We'd better find out about that Mc-
Lendon girl first,” Sheriff Reeves said.
“She comes of good people—I know ther :
well. But we can’t afford to overlook any-
thing.”
E ordered his team hitched, so that he
and his brother might drive to the
farm home of the girl’s parents. Before
they left, a neighbor arrived to offer a
suggestion. A patent medicine salesman
had traveled through the Myers commu-
nity about two weeks earlier, and had been
seen to stop at the store. Could he have
come back with some thugs to make the
attack?
“Tf he was around the Myers place yes-
terday, we'll find out about it,” Jim
Reeves promised.
It was about an hour’s drive to the Mc-
Lendon farm. The girl’s father met them
at the gate.
“Is Miss Julia here?” the Sheriff in-
‘quired.
“No sir, Mr. Reeves—she’s in Birming-
ham. Just had a letter from her the other
day.”
The elderly farmer knew about the
crime, and had visited the scene. “I ex-
pected you might want to talk to Julia,”
he volunteered.
The Sheriff nodded. “I’m sure she
doesn’t know who did it,” he said, “but
I thought she might have some suspicions.
Do you mind telling me how I can get in
touch with her?”
McLendon supplied the street address in
Birmingham. he officers thanked him
and departed. Before returning to Troy
they called again at the home of J. B.
Myers, and stopped at farmhouses within
a radius of several miles. Their questions
were the same at each. ‘
“Have you seen any strangers, either
afoot or driving, in the last two or three
days?” -
The replies did not vary. “No sir, not
one—and I’d remember if I’d seen any.”
That evening the Sheriff posted a letter
to the Birmingham police, giving Julia
McLendon’s address, and asking thu: she
be interviewed. He and his brother spent
the next few days at the Myers home, and
2 calling on neighbors, seeking informa-
jon.
They were present at the funeral services
for Mrs. Ida Myers, which were attended
by scores of friends and relatives. They
were also present the following day when
Mrs. Rachel Myers died, without regain-
ing consciousness, and they likewise
attended her funeral. They paid close
attention to the congregations at the ser-
vices, on the theory that if the murderers
were among those present they might be-
tray themselves. The officers saw noth-
ing that gave them immediate cause for
speculation.
Several days passed, and the Reeves
brothers made no further progress in
penetrating the mystery. By thorough
Investigation they had proved to their
own satisfaction that no strangers had
been in the neighborhood the night of the
crime. There were few passable roads, and
it was scarcely possible that any one could
travel over them without being seen. No
one for miles around had spotted travelers,
aside from residents of the community
bent on routine duties.
It was difficult for the brothers to be-
lieve that local men could be guilty of
such cruelty, although all circumstances
pointed to that conclusion. This limited
the investigation, but the advantage was
more than offset by the other complica-
tions it naturally raised. How could they
ever pin the crime onto a neighbor who
held the respect of all?
“Well, one day some one’s going to begin
spending all that money,” Jim Reeves
observed.
“We can’t wait that long,” the Sheriff
reminded him.
They had been devoting most of their
time to discussing the case, and carefully
weighing every possibility, no matter how
remote. At last they agreed on a plan,
born of their desperation. Farmhouses
throughout the county, in the style of
most rural architecture in the South, were
set on piles at each corner. There were no
basements, and there was plenty of open
space between the earth and the floors
for ventilation. The officers decided to
hide themselves under the floors of each
house in the Myers community—a differ-
ent one each evening—to listen in on the
conversation of the occupants, on the
chance they might hear something of value,
“It’s a crazy man’s idea—any one would
laugh at us for even thinking about it—
but what else can we do?” the Sheriff
remarked.
greet set out that very afternoon, and
elaborated upon the plan as they drove
toward the J. B. Myers farm. Finally they
hit on a scheme. They would select a
house each evening in advance. Jim
Reeves would hide near by and _ the
Sheriff would drive up to the door just at
dusk, to engage the occupants in conver-
sation. While he held their full attention,
the brother would have opportunity to
dodge under the building.
The scheme worked perfectly. Not once
was Jim Reeves discovered. But this was
as far as their success went. All the resi-
dents were talking about the crime, but the
deputy heard nothing incriminating. At
the end of two weeks they were about
ready to abandon the plan, and admit
defeat.
“Let’s try it one more night. I want to
go _under the Johnson place,” Jim said.
His brother scoffed. “T. J. Johnson!
Why, that would be a waste of time. He’s
a close friend of the Myers family. He
made the funeral arrangements, even. No
use going there.”
TRUE DETECTIVE MYSTERIES
tua u
Th
but 3
the s
rejoir
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as pos
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wo)
While
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cussed
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Ther
Sheriff
spoke.
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ing.”
The
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one
Jo!
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this?”
The
probab
contain
Spanis}
Ther
lence, \
was so
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“Wha
much.”
Again
not hea
There
farmers
crawled
and we)
farm,
several
tied.
“Wha
that dar
fully.
“Searc
to mucl
Neith:
to the w
in their
concerne
curred t
been im
crime “a:
race in t
Myers
although
they we
home. ¥\
they tol
opinion.
“T cou
son,” he
MAy, 194)
«
ig tha: she
other spent
home, and
g informa-
‘ral services
‘e attended
ives. They
: day when
out regain-
vy likewise
paid close
at the ser-
murderers
might be-
saw noth-
: cause for
he Reeves
‘rogress in
thorough
1 to their
ingers had
ight of the
roads, and
“one could
: seen. No
d travelers.
-ommunity
ers to be-
guilty of
‘umstances
is limited
intage was
complica-
ould they
r who
begin
m seeves
he Sheriff
st of their
1 carefully
iatter how
m a plan,
armhouses
» style of
outh, were
‘e were no
y of open
the floors
lecided to
rs of each
—a differ-
in on the
on the
g of value.
one would
about it—
he Sheriff
noon, and
shey drove
nally they
{ select a
nce. Jim
and the
og just at
n conver-
attention,
tunity to
Not once
t“this was
| the resi-
e, but the
iting. At
sre about
nd admit
LYSTERIES
o]
“I know. I’d like to hear what he and
that hired man talk about, just the same.”
The Sheriff did not change his opinion,
but finally he agreed to do his part in
the scheme once more. When his brother
rejoined him afterward, he was ready with
his, “I told you so.”
The deputy did not reply directly. “It’s
funny,” he said, “everyone else talks about
the murders, and wonders why you came
a-calling, but Johnson and Hale didn’t
have a word to say about it.”
“That doesn’t mean anything,” the
Sheriff interrupted.
“I know it doesn’t, still . . . Sam, I
want to go back under that house again
tomorrow night. It’s strange—they don’t
have a word to say about it.”
The Sheriff was silent for several mo-
ments, and then surprised his brother with
his reply. “I’ll go with you. Understand,
I don’t expect we’ll get anything, but I’d
like to go under one house, anyway.”
The Johnson place was at the edge of a
~ wood lot, and as dusk settled the next
evening, the two officers advanced toward
it, through the trees. They had no trouble
slipping under the house without being
seen, and made themselves as comfortable
as possible stretched out at full length on
the ground.
HE family was at supper and few
words were spoken during the meal.
While Mrs. Johnson cleaned the dishes,
her husband and Hale, the hired man, dis-
cussed their crops, the weather, and plans
for the next day’s work. ‘
There was a long period of sil&nce and
Sheriff Reeves grew uneasy. Finally Hale
spoke.
_ “Those fellows certainly did some kill-
ing.”
The Sheriff could scarcely believe his
ears. He nudged his brother, and waited
anxiously for the conversation to continue.
“What fellows you talking about?”
Johnson demanded. ,
“Why, them Rough Riders. They sure
gave the Spaniards fits. Want to read
this?”
The officers realized that the hired man
probably had been reading a newspaper,
containing belated news concerning the
Spanish-American War.
There was another long period of si-
lence, which Hale also broke. His voice
was so low that the hidden men could
barely make out the words.
“What about the darky—he talks too
much.”
Again the officers grew tense. They could
not hear Johnson’s reply, but it was brief.
There was more silence, until finally the
farmers retired for the night. The officers
crawled stealthily back to the wood lot,
and were soon walking toward the Myers
farm, where they had been staying for
several days, and where their team was
tied.
“What do you suppose he meant about
that darky?” Sam Reeves asked thought-
fully.
“Search me—I guess it doesn’t amount
to much,” his brother replied.
Neither attached particular importance
to the words. Johnson was above suspicion
in their minds, as far as the murders were
concerned. Furthermore, it had never oc-
curred to either that a negro might have
been involved. It was not the type of
crime associated with criminals of that
race in the South.
Myers had been in their confidence,
although they had not informed him that
they were listening-in at the Johnson
home. When they arrived at the farm
they told him about it, and asked his
opinion.
“TI couldn’t believe evil of T. J. John-
son,” he said. “I don’t calculate the talk
MAY, 1941
about the darky has any special meaning.”
“We don’t, either,” the Sheriff replied,
“but who would that darky be?”
The farmer pondered for a few moments.
“A negro named Sam Rivers worked for
T. J. this winter, but he left and I heard
he went over into the western part of the
county. Sam always talked too much—it
might be him.”
The Sheriff made a mental note of the
name, and he and his brother departed for
the County Jail. Arriving there, he found
a letter from the Birmingham police,
stating that an officer had interviewéd
Julia McLendon, and that she could give
no information concerning the crime. She
had attended a church social in Birming-
ham the night of the murders, and the in-
vestigating officer added that she was a
uiet, retiring, ey ay girl, definitely in
the clear as far as he was concerned. This
agreed with Sheriff Reeves’ views. He had
never really suspected her.
The officers could do no more than
mark time. All their possible clues and
plans of investigation had come to noth-
ing. Only an unexpected new development
could bring a solution, they felt, and
turned to other matters.
A few days passed and then early one
morning a caller arrived with a message
from officers at’ Union Springs, a town in
a distant section of the county. A negro
who had been spending money recklessly
was under arrest there and two dime banks,
each containing five dollars, had been
found in his pockets.
“They heard some dime banks’ were
stolen from the Myers home, and they
thought you ought to know about this,”
the messenger explained.
Sheriff Reeves snapped out of his chair.
“What’s that darky’s name?” he asked.
“T don’t know, Sheriff. He says people
call him Barney.”
Jim Reeves had come into the office to
hear the last part of the conversation.
“Let’s get going, Sam!” he exclaimed,
and left to see about hitching a team.
The two brothers hastened to Union
Springs as fast as their horses would take
them. Soon they were facing the prisoner
in his jail cell.
“WOU know I’m the Sheriff, don’t you?”
Sam Reeves asked.
The prisoner nodded.
“Your name is Sam Rivers, isn’t it?”
Again the prisoner nodded. The Sheriff
pressed forward. “Tell me where you got
those dime banks, Sam,” he continued.
Ral darky’s eyes rolled, but he remained
silent.
“You'd better tell me—quick!”
The captive shrank back. Finally he
spoke, “A man gave them to me.”
“What man?” :
“T don’t know.”
“Sam—you’d better tell me the truth,
right now! Who gave you those banks?
Where did you get them?”
Rivers was scared, and trembling. “You
ask Mr. T. J. Johnson about it. Maybe
he’l} tell you!”
Reeves wheeled to face his brother.
Was it possible that they were about to
solve the mystery? Several men were
standing near, and they recognized the
significance of the statement. They began
firing questions at the prisoner. Finally
the Sheriff. made up his mind.
“Jim, we’ve got to get hold of Johnson
right away. Maybe he’s guilty, and maybe
he isn’t. No matter. If we don’t get him
first we may never know the truth.”
The deputy brought the team while his
brother was giving instructions that the
prisoner be transferred to the county jail
at Troy.
Their horses were nearly exhausted when
they reached the Myers farm—ahead of
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97
good
here
Ap-
tion.
lamp
1 the
pped
. the
lock.
cross
this
isten
f ex-
o act
s did
con-
nson,
ynson
She
that’s
don’t
, and
near
1, but
n the
which
sev-
i box
10oney
ick of
a
it
d
came
ysene,
n the
imself
shoes
said,
nd he
y, but
folks
1 that
id the
i need
hen I
that’s
to do
Leeves
killing
use on
story.
iey al-
ubt its
it, the
rought
- word,
agked.
sat in
about
“You
against
n” the
e this,
is you
He re-
1 Hale
cuilt in
immon.
nett
of
on.
ua uur
1 home
vortant,
pair of
« he sole
STERIES
of one cracked exactly as shown in the
drawing made the morning after the crime.
The shoes had been tapped with new
soles placed over the old. The crack was
revealed, however, when the new sole was
removed. There was no question but that
it was the shoe that had left the telltale
print in the sand.
Posses searched the Johnson farm from
one end to the other, and were unable to
recover any of the stolen money.
HE trial, before Judge John P. Hub-
bard and a jury, was one of the most
sensational ever held in the Twelfth Ju-
dicial District Courthouse at Troy. Solicit-
or Richard H. Parks appeared for the
State, and the defense was represented by
a large battery of able lawyers. More
than fifty heavily armed deputies, from
several counties, were on hand to prevent
trouble from the crowd of spectators
jammed around the courthouse.
Rivers repeated his confession from the
witness stand, while Johnson and Hale
renewed their pleas of innocence. The
written confession, supported by the sub-
stantiating circumstances, was the most
convincing, and all three men were found
guilty. They were sentenced to hang.
Gallows were set up in a vacant field at
the edge of town, which since has been
made into a cemetery. Their appeals de-
nied, the three conspirators were doomed
to die on March 3l1st, 1899—a date which
happened to be Good Friday. A company
x
s
lates, things like that.”
Thumbing through his notebook, Frayne
shot quick, crisp questions regarding vari-
ous acquaintances of the family. “And
how about this Albert Westgate?” he con-
eluded as he slipped the book back in his
pocket.
“T’ve told you all I know. He’s an Eng-
lishman, was wounded overseas and gets a
pension. He’s sick most of the time. In
fact, he’s been in St. Boniface Hospital
since New Year's.” ; ;
Frayne felt strangely dissatisfied as he
drove back toward the city. “Can you
imagine a husky guy like that,” he ap-
pealed to Sellers, “finding a bird stalking
about his place and not going after him?
And now,” he bit angrily at his cigar, “he
tells us about receiving a threatening let-
ter.” .
The detective’s face was flinty as he
swung the car to a halt before the dark
bulk of the broadcasting station. Taking
the steps two at a time, he pushed through
the glass doors and handed the Announcer
a message to be broadcast at frequent
intervals. It requested any one who had
seen a blonde woman riding in a car in the
St. Vital or Fort Garry districts on the day
of the murder to communicate immediate-
with Headquarters.
we second hadeas on Adams’ friends
seemed only to deepen: the prevailing mys-
tery. Not only were they all able to give
good accounts of themselves but they
spoke in the highest terms of the pretty
and vivacious Lottie, and bitterly con-
demned the implication of the whisky flask
found beside her dead body. . ah
A call at St. Boniface Hospital elicited
the information from Sister Lucy that
Albert Westgate was still there under the
care of Dr. J. A. Gunn, who was treating
him for a piece of shrapnel in his stomach.
Nowhere was there the slightest clue as
to the possible identity of the killer save
the shadowy and unsubstantial mystery
man mentioned by the husband. Mean-
MAY, 1941
of Spanish-American War veterans was
summoned to keep order, at one of the
most dramatic gallows scenes in Alabama
history.
Sam Rivers was the first to climb the
fateful thirteen steps. Asked if he had
anything to say, he repeated his confession.
It was fourteen and a half minutes after
the trap dropped before he was pronounced
dead. The knot had slipped.
Johnson and Hale were next escorted up
the steps. The Reverend Ira Myers, an-
other son of the slain woman, who had
preached at the funerals, was asked to
pray for the condemned. While the large
crowd stood with bowed heads, he made
an impassioned appeal to the prisoners to
unburden themselves.
“Oh, ever living and true God!” he ex-
claimed, “manifest Thy presence unto
these men if they be innocent, and to those
of us here gathered, and Almighty God,
if they have spoken the truth while de-
claring their innocence, have mercy upon
them.”
Some of the spectators raised their eyes,
expecting that the stirring words might
bring the condemned to their knees; but
to all appearances they had not even heard.
Each made a lengthy statement from the
gallows, claiming his innocence. Johnson
was asked several questions’ by sons of
Mrs. Myers, but he reasserted that he
knew nothing about her death. Hale ap-
pealed to “the young people present,” to
take heed from his plight, and “avoid bad
Frozen Horror
(Continued from page 47)
while, Dr. Laurendeau reported that the
frozen state of the body would delay the
autopsy but that two .82 caliber bullets had
been extracted from the battered skull.
By noon next day the effects of the
broadcast were already bearing fruit and
Rupert Street was being deluged with
phone calls telling of’ blonde women seen
entering and leaving cars of a dozen dif-
ferent descriptions before and since the
murder.
Sifting them with painstaking care,
Frayne stiffened as a call came through
from Harry Ball, truck driver for the Arc-
tic Ice Company. “I was taking a load of
wood to an address in Fort Garry around
noon on the 16th,” he said, “when a guy
in a blue sedan was stuck in the ditch at
the junction of Point Road and Pembina
Highway and hailed me. It was a big car
and I couldn’t get him out.”
Point Road, Frayne recalled, was a con-
tinuation of North Drive and the junction
referred to was only half a mile from where
the body had been found. Pressed for fur-
ther details, Ball recalled taking out an-
other load about the same time on the
15th, and: wasn’t absolutely certain on
which of the two days he’d tried to help
the man in the blue sedan.
“A big blue sedan.” Frayne hung up
the receiver and grabbed for his buffalo
coat. “Come on, Sellers, I’ve got a hunch.
We'll start checking back from the nearest
Service Station to Point Road. Ball says
the car was facing east, toward the city.”
Driving along Osborne Street, they
checked garage after garage with no suc-
cess until they pulled up before Taunton’s.
There Alfred Attrell, a mechanic, recalled
answering a call on Pembina Highway
some days before. With greasy fingers he
au
turned over the pages of the Register. ©
“Right here,” he said. “Twelve-thirty p.m.,
Thursday, 16th, to Pembina and Point
Road. Pulled a Nash sedan from the ditch.
Bob Caughey was with me. Paid cash.”
“What kind of a looking bird was the
company.” Sheriff Reeves sprang the trap
which dropped both together, and they
were quickly pronounced dead.
It was then revealed that Hale had made
a statement the preceding day, requesting
ion it be published after his death. It
read:
About three weeks before the kill-
ing of the Myers women, T. J. John-
son approached me one morning at
his horse lot where I had gone to feed
the stock, and made this remark,
“Richard, I know where about $400
is that is doing nobody any good that
can be easily gotten and no one hurt.”
I asked Mr. Johnson where, and he
replied, “Old Mrs. Myers.” I immedi-
ately told him that I did not get my
living that way and turned and left
him. This was before day and it was
dark. I had my lantern with me at
the time. It was under a certain mul-
berry tree in said T. J. Johnson’s lot.
(Signed) R. F. Hae
To most of the residents of Pike County,
this was the equivalent of a confession.
Johnson and Hale had gone to their
deaths with lies upon their lips; but jus-
tice was done—the majesty of the law
upheld, :
John Cook, the third victim of the brutal
attack, never regained full use of his mind.
He lived for several years, but finally died
from the results of the wounds.
driver?” inquired Sellers.
“As far as I can remember he was a tall,
clean-shaven guy. Wore a blue chinchilla
cloth overcoat and a gray fedora. He gave
me the wheel till I got him out.”
“Notice anything unusual about the car
—any stains or marks or anything?”
Attrell shook his head. “Nothing I
could see.”
HANKING the man, Frayne slid be-
hind the wheel and headed back toward
Point Road. “I can’t figure out,” he re-
marked in a puzzled voice as he reached
the junction, “why that bird should’ve
taken the ditch here if he was sober, or in
his right mind. The highway’s broad, the
traffic’s light—unless,” his eyes took in the
long straight stretch of Point Road to its
intersection with North Drive near where
the body had been found, “he’d something
on his conscience and was looking behind
instead of watching where he was going.
I’ve a big hunch, Harty, if we can get a
line on this blue sedan, we’re going to find
out plenty.”
“If we find it,” Sellers’ voice lacked
enthusiasm. “There’re hundreds of blue
sedans in Winnipeg. Chances are it was
some drummer with a hangover who may
be a thousand miles from here right now.
Step on the gas, I could go a cup of coffee.”
Back at Headquarters, Frayne started
the long, laborious task of first checking
all garages in Greater Winnipeg to ascer-
tain if any of them had rented out a blue
sedan on the morning of the 16th. When
the slow mon»tonous work was concluded
without result, Frayne tossed the tele-
phone book aside and puffed on his cigar
as he contemplated the next move.
“Have you checked up on that outfit on
Fort Street?” inquired a Constable who’d
come in a few minutes before. “A-1 Taxi,
they call it. It’s on my beat. Two guys
started up there around Christmas. Guess
they won’t be listed in the phone book
yet.”
99
Ww
- Niaiaaiadaaseeememea
Te Mee ee
HALL, Fekix, black, banged Birmingham, Alabama, October 23, 1903.
UNIVERSITY OF ALABAMA
680 34 SOUTHERN REPORTER. (Ala.
mortuary proceedings of the grandfather’s
succession in Texas was produced.
Where in Texas did this grandfather live
and die; what steps were taken to open his
sueeession there and administer his estate;
what recognition of the heirship of the plain-
tiffs under the will and of their ownership
of lands alleged to have been bequeathed to
them was made by the courts of Texas? All
these are pertinent questions and should be
satisfactorily answered by plaintiffs in in-
junction by the production of legal and com-
petent evidence.
Why was it that these plaintiffs, the eldest
of whom was 33 and the youngest 23 years
old when this litigation commenced, have
never asserted the property to have been
theirs until seized under the Wagon Com-
pany’s judgment?
All of them have lived since their major-
ity in the town where the property is sit-
uated, without laying elaim to ownership
of the property, so far as the record dis-
closes. lf the property were theirs, it, would
seem they must have known it, and must
have had knowledge of how and where and
when they derived the means by which it
was acquired for them.
Yet not one of them went on the stand as
a witness in the case.
The case as to their ownership of the
funds paid to Breard, and their ownership
of the property in question, rests on the,
practically, uncorroborated testimony of J.
W. Smith, their father, who is the seized
and insolvent debtor of the defendant in in-
junction.
What authority had J. W. Smith, suppos-
ing he had in hand funds belonging to his
children, to invest the same in the property
in question? Tven if he were tutor he could
not make such investment without legal au-
thority.
Civ. Code, art. 353, is plain and precise on
this. The tutor, it says, cannot purchase for
the minor immovable property without au-
thority from the judge, eranted on the ad-
vice of a family mecting. And the juris-
prudence is that such a purchase without au-
thority is at the tutor’s risk. Succession of
Mitchell, 83 La, Ann. 353.
But conceding that this father without be-
ing their tutor and without authority, hay-
ing funds of his minor children, could invest
the same in property so as to place the title
in them, was there any ratification of this
by them after their majority and before the
seizure of the property by defendants in in-
junction, in such way as to make the prop-
erty theirs and, thus, relieve him of its be-
ing held at his risk? And if there were No
such ratification what is the effect of its
absence on the title to the property?
These are questions for argument, SuppOSs-
ing the evidence to eventually suffice to show
that the funds paid Breard were moneys ac-
tually belonging to the plaintiffs in injunc-
tion.
Plaintiffs sought to elicit from Breard, as
a witness on their behalf, what J. W. Smith
said to him in 1887 when he paid him the
amount of his indebtedness to him, as to the
souree from which he obtained the money
with which the payment was made. On ob-
jection that it was hearsay and a self-serving
declaration, this was ruled out and a Dill
taken.
Whatever statements Smith made to Breard
at the time referred to, being at a time not
suspicious, are hardly to be classed as self:
serving, nor do we think them inadmissible
as hearsay, on the authority of 1 Greenleat
on Evi. § 108; Brown vy. Stroud, 34 La, Ann.
2°74, Smith is, himself, living and was a
witness for plaintiffs in the case. Lis state-
ment to Breard in 1887 can have no greater
foree than his testimony now, except in the
one particular that he then spoke at a time
not suspicious.
Defendants offered in evidence a_ letter
written by J. W. Smith in December, 1)00.
to them in which he undertook to give ¢
statement of his financial condition. He
stated he owned free from incumbrance
twelve thousand dollars worth of real estate,
pot including his homestead, which is the
property in question.
The letter as evidence in the case was ob-
jected to by plaintiffs and ruled out and Dill
taken.
Defendant complains of this ruling.
The letter should have been admitted.
The answer charged the title asserted by
plaintiffs to be fictitious and simulated, and
the letter, containing a reference to the prop-
erty in dispute and a statement that it was
his, was competent evidence, as far as it
went, in the effort on defendant’s part to
establish simulation.
It was, too, admissible on another ground.
Smith testified the property was that of his
children and that their ownership dated as
far back as 1887. Yet here was his letter
in 1900 asserting it to be his. The letter,
therefore, was competent in rebuttal of his
testimony and to weaken its force.
Yor the reasons assigned it is ordered that
the judgment appealed from be set aside.
and this cause be remanded to the court 4
qua for further proceedings according to the
views herein expressed —all costs of suit te
await final determination and to be paid by
the party then cast.
——_——
(187 Ala. 4f)
HALL v. STATE.
(Supreme Court of Alabama. June 11, 1970)
MURDER—EVIDENCE—ADMISSIPILITY —WIT-
NESSES— BIAS—RIGIIT TO SILOW—VIOLA-
TION OF RULE—EFFECT.
1. Uhe rule that it is competent to show the
bias of a witness by proving that he sustains
such a relation to a party as would likely &
fluence his evidence, cannot be extended so s¢
to allow a defendant on trial for murder tt
show that a witness for the state is the busbats
of the washerwoman of decedent.
Ala.
‘a Breard, as
J. W. Smith
paid him the
iim, as to the
(1 the money
unde. On ob-
a self-serving
it and a bill
vide to Breard
ata time not
assed as self-
1 inadmissible
1 1 Greenleaf
i; 84 La. Ann.
and was a
‘a Llis state-
ive no greater
except in the
woke at a time
a
lence a_ letter
cember, 1900,
ook to give a
condition. IIe
ineumbranee
of real estate,
which is the
. ease was ob-
ed out and Dill
ru
been admitted.
le asserted by
simulated, and
ice to the prop-
out that it was
as far as it
| idant’s part to
another ground.
was that of his
yship dated as
was his letter
iis. The letter,
rebuttal of his
force.
- is ordered that
» Ye set aside,
to the court @
according to the
costs of suit to
d to be paid by
(187 Ala, 44)
PL Ts.
June 11, 1903.)
‘SIRILITY—W IT-
:{OW—VIOLA-
EIECT.
dent to show the
that he sustains
<« would likely in-
he ¢€ 1 so as
Bal rder to
ute husbaud
lent.
Ala.) JONES vy. STATE. G81
2. On a prosecution for murder, evidence that
two witnesses (husband and wife) called by the
state had a difficulty on the day of the homicide
was irrelevant. :
3. It is discretionary with the trial court to
permit a witness placed under the rule, but who
violates it, to testify.
4. On a prosecution for murder, questions as
to the evidence brought out at the inquest over
the body of the person killed, and as to what
witnesses then testified to, were improper.
Appeal from Criminal Court, Jefferson
County; Dan’l A. Greene, Judge.
Ielix Hall was convicted of murder in the
first degree, and appeals. Aflirmed.
Defendant called W. D. Parris, the cor-
oner who held the inquest over the body of
the person killed, as a witness, and asked
him the following questions: ‘‘Was it not
a fact that the evidence brought out before
you at the inquest tended to show that Jim
Clark had something to do with the killing?’
“Did not the evidence there tend to show
that Jim Clark had been in Atlanta on a
visit, and when he came back some one told
him that defendant had had something to do
with his wife, and he [Clark] said he would
get him [defendant]?’ ‘Did Clark’s wife
testify that she was in or out of tent at time
of shooting?” “Is it not a fact that she
testified that she was out of the tent at the
time of shooting?’ “Did you not during last
summer accompany some man to the jail to
identify the defendant?’ “Did you not ac-
company a man, who said he was the prose-
cuting witness, to identify the defendant?’
“Did the evidence at the inquest tend to
show that there had been trouble between
the defendant and Jim Clark about Clark’s
wife?’ To each of these questions the state
separately objected, the court sustained each
of such objections, and defendant separately
excepted.
Massey Wilson, Atty. Gen., for the State.
TYSON, J. While it is always competent
to show the bias of a witness by proving
that he sustains such a relation to a party
as would likely influence his testimony, this
rule cannot be stretched to the extent of al-
lowing a defendant to show that a witness
for the state is the husband of the washer-
woman of the deceased.
The fact that Jim Clark and Annie Clark,
who were husband and wife, both of whom
were examined as witnesses by the prosecu-
tion, had a difficulty on the day the homi-
cide was committed, could shed no light upon
the issues involved in this case. That fact
was wholly irrelevant and inadmissible, and
the action of the court in sustaining the ob-
jection to the question which sought to elicit
it was properly sustained.
“When witnesses are placed under the
rule, it is discretionary with the presiding
judge to permit exceptions to its enforce-
ment.” Riley v. State, 88 Ala. 193, 7 South.
fe A See Criminal Law, vol. 14, Cent. Dig. §§ 1559,
1560.
149; McGuff v. State, 88 Ala. 147, 7 South.
35, 16 Am. St. Rep. 25; Barnes v. State, 88
Ala. 204, 7 South. 38, 16 Am. St. Rep. 48.
So, too, it is discretionary with the trial
court to allow a witness against whom the
rule was enforced to testify. And the exer-
cise of that discretion is not revisable. State
v. Brookshire, 2 Ala. 308; Sidgreaves v.
Myatt, 22 Ala. 617; Wilson v. State, 52 Ala.
209; Thorn v. Kemp, 98 Ala. 417, 13 South.
749; Sanders vy. State, 105 Ala. 4, 16 South.
935; Burks vy. State, 120 Ala. 387, 24 South.
931. So, then, whether the witness, C. D.
Jark, was excepted from the rule, or placed
under it and violated it, the bill of exceptions
not being clear as to his status, the result
is the same.
There was clearly no error in sustaining
the objection to the several questions pro-
pounded by defendant to his witness Parris.
Goodlett v. State, 33 South. 892.
The judgment of conviction must be af-
firmed.
(187 Ala. 12)
JONES v. STATE.
(Supreme Court of Alabama, June 11, 1903.)
MURDER—ACCUSED’S POSSESSION OF WEAPON
—ADMISSIONS—ADMISSIBILITY OF EVIDENCE
—NATURE OF WEAPON — ALLEGATION — IN-
DICTMENT—SUBSTANTIAL PROOF.
1.In a prosecution for homicide charged to
have been committed with a knife, evidence for
the state that accused owned a Barlow knife,
and that the witness had borrowed it from him
some days before the killing, and had seen ac-
cused with the knife two days previous, and
saw the knife exhibited on the preliminary trial,
though he had not seen defendant with it on
the day of the killing or the day before, is ad-
missible, in connection with evidence that dece-
dent died from incised wounds.
2.In a prosecution for homicide, testimony of
the officer who arrested accused that he made
no threats or inducements to persuade him to a
statement, but asked him what was the trouble
with decedent, whereupon accused said that,
after some words between them, decedent
struck him, and he went to cutting, was prop-
erly admitted.
8.In a prosecution for homicide, the testi-
mony of the officer effecting the arrest that de-
fendant admitted on a preliminary trial that a
knife there shown in evidence was his is ad-
missible.
4. Where a homicide is charged in the in-
dictment to have been committed with a knife,
proof that the killing was committed with a
cutting instrument is sullicient to sustain the
allegation.
Appeal from Criminal Court, Jefferson
County; Saml. E. Greene, Judge.
Albert Jones was convicted of murder, and
appeals. Affirmed.
The indictment charged that, before the
finding of the indictment, the defendant “un-
lawfully and with malice aforethought killed
Walter L, Cotton, by cutting him with a
knife, or by stabbing him with a knife.”
On the trial of the case it was proved by a
practicing physician that he was called ts
A A See Criminal Law, vol. 14, Cent. Dig. §§ 1167,
(ae
ce THE
Gorge Peak on,
ip aes. Se
MONTGOMERY |
belt
TRAP IS TWICE SPRUNG
HANGING OF FELIX HALL A
BUNGLING JOBB.
Rope Slipped and Upon Advice of
Physician the Negro Was Again
Swung—Wier Replies to
Alderman Ward.
———_——
Birmingham, Oct. 22.—(Special.)—Felix
Hall, alias Henry Jackson, colored, was
hanged in the jail yard here today for
the murder of Norwood Clark, white, on
the Ensley Southern ‘Railroad about three
years ago. The rope slipped on the neck
of the negro and after he was hanging
for ten minutes, upon advice of County
Physician McAdory, the deputies lifted
the prostrate form of the negro, rear-
ranged the knot and let him drop again
through the trap. ‘
The trap was sprung the first time at
11:35 o’clock. At 11:45 he was hauled up
and a quarter of a minute later was let
drop again. At 11:56 he was pronounced
dead, his neck being broken by the second
fall. Hall made a short statement on the
gallows as follows: ‘‘Here is Henry Jack-
son, not Felix Hall. I am not guilty ' of
the charge.” ,
A white man in the crowd under the
influence of liquor, apparently, cried out,
“T can substantiate that.” i
Before leaving the jail Hall told col-
ored ministers'and newspaper men that
he was born in Lima, O., and most of his
life was spent on railroad construction
work. He said that he never worked on
the Ensley Southern Railroad, and that
he did not kill Clark. He gave out a let-
ter in which he said among other things:
“I hope some unknown day.to,me you
will find I have been executed wrongfully.
This is to the world at large.” :
Clark was in the employ of the Oliver
Construction Company and two negroes
entered his tent one night and shot him
to death. Hall was arrested and sent-
enced to be hanged February 27. He took
an appeal and the sentence was confirmsed
and the next date fixed for execution June
11. Then attorneys announced that they
had secured evidence to prove an alibi
for Hall and a respite was granted by
the Governor for sixty days. Then an-
other respite was granted for thirty days.
Witnesses brought here were a little con-
fused as to the time they saw Hall work-
ing somewhere else and finally no re-
commendation was made in his case and
the Governor offered no further interfer-
ence in the sentence.
The usual crowd witnessed the execu-
tion today, but out of twenty-one execu-
tions which Deputy Sheriff W. I. Love
has presided over this is the first in which
the rope turned, making the job a bung-
‘ling one.
Alderman Ward’s Speech.
There is much discussion in Birming-
ANOTHER BANK CLOS
AN ALLEGHENY INSTITU
FORCED TO SUSPEND.
rear. Oar YR ‘
Has Ample Assets to Pay All Dd.
But Its Supposed Connectio
With Pittsbur
Causes
Federal
un, :
Pittsburg, Oct. 22.—Harly today
President R. J. Stoney, Jr., of the
National Bank of Allegheny, issued
following statement after a meetir
the owners and directors with the ¢
ing house of the Pittsburg Clearing F
Association, which lasted from 8 0’
last night until this morning:
? “Allegheny, Oct. 21,
“At a meeting of the Board of Dire
of the First National Bank of Alleg
hel dthis evening, October 21, 1903, i
resolved that, although the bank ha
ple assets to pay all of its deposita
full and leave a handsome surplu
the shareholders, yet its supposed
nection with the Federal National
of Pittsburg has created wide di
and caused a run on this bank to
an extent that we feel it to be our
to place the bank in voluntary liqui
and the officers of the bank and uir
have decided to make application t
Comptroller of the Currency to tak
essary steps to accomplish this purp
(Signed) “John Thompso
; ; “Presid
The First National Bank of Alle
was organized in January, 1864, an
a capital stock of $350,000; a surplu
$100,000, and undivided profits of
The officers are as follows:
President, John Thompson; Vice-
dent, R. J. Stoney, Jr.; Cashier,
Cramer; Assistant Cashier, Joh
Cramer. ‘ :
The First National Bank is one
oldest banking institutions in Allegh
The directors of the bank are conn
with some of the most important
facturing plants in Allegheny.
Many rumors during the past few
have connected the bank with the
eral, and for two days people hav
manded. their deposits after learni
the condition of the Pittsburg instit
The clearing house committee has
sanguine opinion of the general situ
but the two banks so unfortunate
time were found to be beyond the
mediate aid or reach, though bot
declared to be solvent and in go0oG
dition.
' The correspondents of the bank
follows: 4
New York, Park National Bank; ,
delphia, First National; Chicago, %
National. |
The report of the condition of th
National Bank of Allegheny at thd
of business on September 9, 1908, |
follows: a4
ee
Hate. bet
20
20.» Ala. 24 SOUTHERN REPORTER, 2d SERIES
Le tepgaaer pacar reany
can find no such written charge in the rec-
death of deceased by holding her head under
| ord filed in this court and hence there is water in pool until she quit kicking and, as one
| nothing before us in this connection for re- a consequence of the confession, the body ay?
view. § 273, Title 7, Code 1940; Berry v. was discovered, that portion of confession Peter |
ay State, 231 Ala. 437, 165 So. 97; Teal v. was admissible along with proof of fact of der in th
eI State, 30 Ala.App. 57, 200 So. 577. discovery of body. Affirme
[8] Although at the time of his ar- 4. Criminal law €=537 Lee J.
rtenment the defendant pleaded not guilty "Where defendant's confesion or in 1 Grab
there was no evidence introduced by he fra culpatory . acmiesion ° tn Satire hereot Wm. \
; a . leads to discovery of physical facts which O. Harri
fendant in support of his insanity plea and establish truth of confession, so much of
therefore it was not incumbent upon the confession as leads to facts thus discovered
court to charge upon this phase of the Jaw. is admissible alan with ‘proof! those BROW
. Granberry v. State, 182 Ala. 4, 9, 62 So. 52; facts & P The d
Rice v. State, 204 Ala. 104, 85 So. 437. , dicted, ti
[9] In accordance with our duty in 5. Criminal law €=517(5) of murd:
cases of this character, we have examined Where defendant’s voluntary confes- he “* *
the record for any error, whether pressed sion disclosed that he intercepted deceased aforetho
upon our attention or not. and kept her within his power through drowning
We find no error in the record, and the force from 7 a.m. until 1 p.m, and even- the defer
judgment must be affirmed. It isso ordered tually drowned her by holding her head The’ app
and the date of the execution of the sen- under water until she quit kicking, one appeal .
tence of the court is hereby fixed at Friday, Continuous criminal ‘transaction took place Title
the 25th day of January, 1946. from interception until decedent .was Code 19:1
Ai oned drowned, and that part of confession dis- wo, a
: closing that during such period defend- peal.
All the Justices concur. ant twice ravished decedent was of the ficient pr:
res gestae of the murder shedding light on fy the a
™ and furnishing motive for the killing and fession n
© KEY NUMBER SYSTEM could properly have been placed before the volu
. jury. Boyd tha
confessio;
6. Criminal law ¢=1169(5) deceased
Defendant in murder _ prosecution in his po.
could not complain that that part of his and was
HALL v. STATE. voluntary confession which disclosed that of this tc
4 Div. 391. he had twice ravished victim before killing cate its
Supreme:Courtof Alabama: her left its impression on minds of. jury the insist
_ even though court excluded it and in- eradicabl.
Dee. 6, 1945. structed jury not to consider it when such The w
1. Criminal law €=517(4) part of confession was competent and State goc
In prosecution for murder, proof that, COUld well have been left before jury, a comely
death resulted from force unlawfully aP- 7 Criminal law €>478(1) ae and
plied is all that the law requires as a: Toxicologist with ‘sit ; uraula
predicate for the introduction of a confes- PEASE. PY POSS ES REEIEDCS work at
sion! valusttavity. quadé. and education was competent to testify. a.m. TI
that frothy purge from lungs found on. her place
2. Criminal law €=517(4) nostrils and mouth of murder victim morning
In prosecution for murder, proof of Showed that death was caused by drown- per’s resi
corpus delicti was sufficient to authorize 1g. between |
introduction of defendant’s voluntary con- a was a |
fession where as a consequence thereof 8, Criminal law S>4a78{t) morning |
deceased’s body and her personal prop- Mortician who examined body of mur- of work
erty were discovered. der victim before its temoval from water her purs:
was competent t testify to a frothy purge kodak ph
3. Criminal law @=537 on nostrils and mouth of victim at time family, i
Where defendant in murder prosecu- body was discovered as indicative that and her
tion voluntarily confessed that he caused death was caused by drowning. her uli
of her si
24 SOUTHERN REPORTER, 2d SERIES
root of an oak tree. The witness Jack-
son, the mortician, testified: “There were
five small bruises around the right corner
of the eye. There were very distinct
bruises on top of the left breast. There
were two distinct bruises on the lower
side of the left breast. There was one
large bruise about one and one-half inches
in diameter on the outside of the left
thigh, six inches from the left hip joint.
There was a very definite frothy purge
from the lungs with a small amount of
blood. Multiple bruises inside right bi-
ceps muscle, upper right arm, There
were nine distinct bruises back side of
upper left arm. One very distinct bruise
about the size of normal thumb three
inches below left shoulder on outside of
left arm. Four distinct lacerations at
entrance to vagina. Some bleeding pres-
ent, and the legs were covered with some
form of weed seeds, such as is commonly
known as beggar lice. There were no
bruises on the throat or neck and no
bruises on the lower limbs.” The testi-
mony of the toxicologist, offered by the
State, was that the frothy purge from the
lungs indicated that death was caused by
drowning. When defendant was arrested
before the body was discovered there was
found under his bed a pair of brogan
water soaked shoes, and when asked how
his shoes became wet he stated that he’
went in swimming.
/ [1,2] Proof going to show that death
~ resulted from force. unlawfully applied is
all that ‘the law requires as a predicate
“. for the” introduction of the confession
/ voluntarily madé~Vérnon v. State, 239
Ala. 593, 196 So. 96; Simmons v. State,
_16 Ala.App. 645, 81 So. 137; Shelton v.
State, 217 Ala. 465, 117 So. 8; Jordan
v. State, 225 Ala. 350, 142 So. 665. The
appellant’s contention therefore that there
was -not~ sufficient proof of the™corpus
delicti is without merit. The testimony
shows without dispute that the confession
made by the defendant to the effect that
he caused the death of the deceased by
holding her head under the water in the
pool, where he carried her, until she quit
kicking was voluntary and properly re-
ceived in evidence. As a consequence of
the confession the body was discovered.
The contents of the purse of the deceased,
which defendant in his confession stated
was buried by him, was located from a
diagram which the defendant furnished to
the warden of the penitentiary. The con-
tents of the purse being the photographs
of the deceased, her sweetheart, her
mother, her sister and her sister’s sweet-
heart, a soldier overseas, and the stub of
her last check which she received for
working at the cotton mill showing the
amount of her earnings for the week,
powder puff, comb, pencil, lipstick and
other articles usually carried by women.
[3,4] Where the defendant’s confes-
sion or inculpatory admission in the nature -
thereof leads to the discovery of physical
facts which establish the truth of the con-
fession, so much of the confession as leads
to the facts thus discovered is admissible
along with proof of these facts. Murphy
v. State, 63 Ala. 1; Spicer v. State, 69
Ala. 159; Whitehead v. State, 16 Ala.App.
427, 78 So. 467, and authorities there cited.
[5,6] The defendant’s voluntary con-
fession shows that he intercepted the de-
ceased near the old vacant house, and he
kept her within his power through force
from 7 o’clock, a. m., until 1 o’clock, p. m.,
July 4, 1945, and eventually drowned her
by holding her head under the water until
she quit kicking. From the time the de-
ceased was intercepted and overpowered
by the defendant until she was drowned
was one continuous criminal transaction,
and the testimony going to show that de-
fendant stated that during that time he
was “with” the deceased twice was of the
res gestae of the murder, shedding light
on, and furnishing motive for the cruel
and inhuman destruction of the deceased.
Miller v. State, 130 Ala. 1, 30 So. 379. The
defendant, appellant here, certainly has
not ground to complain that the Court on
the suggestion of the solicitor that that
part of the confession was not called for
excluded it and instructed the jury not to
consider it, even though it left its impres-
sion upon the minds of the jury. That
part of the confession was competent evi-
dence, as well as the other.
[7,8] The testimony of the witness
Dr. Rehling, the toxicologist, and witness
Jackson, the mortician, shows that they
each through education, practice, investi-
gation and experience possessed knowledge
in respect to the matters given in evidence
by them not possessed by the ordinary lay-
man. Dr. Rehling was a competent wit-
ness to testify that the frothy purge from
the lungs found on the nostrils and mouth
of the deceased showed that death was
caused by drowning. And, Jackson, the
|
|
}
i
a
"Len nanan paratsonendeena meester y
HALL v.
Cite as 24
Appeal from Circuit Court, Barbour
County; J. S. Williams, Judge.
Peter Paul Hall was convicted of mur-
der in the first degree, and he appeals.
Affirmed,
Lee J. Clayton, of Clayton, and Archie
I. Grubb, of Eufaula, for appellant.
Wm. N. McQueen, Atty. Gen., and John
O. Ilarris, Asst. Atty. Gen., for the State.
BROWN, Justice.
The defendant, appellant here, was in-
dicted, tried and convicted of the offense
of murder. The indictment charging that
he “* * * unlawfully, and with malice
aforethought, killed Ethel Luck by forcibly
drowning her”. The sentence imposed on
the defendant was death by electrocution.
The appeal here is under the automatic
appeal statute. Code of Alabama 1940,
Title 15, § 382; Acts, 1943, p. 218, sec. 2,
Code 1940, Tit. 15, § 382(2).
Two questions are argued on this ap-
peal. The first is that there was not suf-
ficient proof of the corpus delicti to justi-
fy the admission in evidence of the con-
fession made by the defendant. And, that
the voluntary statement of the witness
Boyd that defendant in the course of his
confession admitted that he ravished the
deceased twice during the time he had her
in his power was not admissible testimony,
and was so prejudicial that the exclusion
of this testimony was inadequate to eradi-
cate its prejudicial effect. In substance,
the insistence here is that its effect was in-
eradicable.
The undisputed evidence offered by the
State goes to show that the deceased was
a comely young woman, eighteen years of
age, and worked at the cotton mill in
Eufaula on the midnight shift, going to
work at 11:30 p. m., and off duty at 6:30
a.m. That she lived a mile or more from
her place of work, and traveled night and
morning along the road by one Culpep-
per’s residence, passing an old vacant house
between Culpepper’s and her home. This
was a daily occurrence. That on the
morning of July 4, 1945, she left her place
of work dressed in a grey dress, carrying
her purse which contained cosmetics, some
kodak photographs of the members of her
family, including her mother, her sister
and her sister’s beau, a soldier overseas,
her own photograph and the photograph
of her soldier sweetheart. That the wit-
sid at hd cede bel Bs Siu a Sil
BURR A Pee RON
STATE Ala 2)
So.2d 20
ness Culpepper, a cowofker, accompanied
her to the Culpepper home, and she pro-
ceeded on her way toward the vacant
house which was situated about half way
between the Culpepper home and the home
where the deceased lived with her father
and mother. That about 7 o’clock, a. m.,
the father and mother heard her screams
in the location of the vacant house, as near
as they could tell, and the father im-
mediately went to her rescue but failed
to find her, or anyone else in that locality.
He gave the alarm, a posse was formed
and search made, and near the old vacant
house they found shoe tracks of a man
and a woman. The tracks of the man be-
ing made, according to the testimony, by
everyday shoes. The State’s witness
Harry McCullough, who examined the
tracks made near the point where the
screaming was supposed to have taken
place, stated he “saw a man’s shoe and
the track of a woman’s shoe, and ap-
parently they were running and they went
to the top of the little hill there and then
we found this disturbed place there in the
middle of the road like there had been
scuffing in the road”. He further stated
that they picked up the trail in the woods
where the weeds and grass and under-
brush were mashed down and traced this
for considerable distance leading in the
direction where the body of the deceased
was found the day following; and on this
course of passage a torn part of her dress
was found and was identified by a witness
who saw her and accompanied the de-
ceased on her way home that morning.
The body of the deceased was finally
found in a pool of water made by a stream
about a mile distant from the old vacant
house. On the bank, or near the pool,
similar tracks of a man and woman were
found in the sand bar. The body when
found was lying in the water face up, the
torso and lower limbs submerged, the
knees, one arm, breast and face just out
of the water. The body was nude from
the waist down. Photographs of the body
were taken by the mortician, who after-
wards prepared the body for burial, be-
fore it was touched or removed from the
water. On the side of the bank was an-
other disturbed place where the grass and
weeds were mashed down. The water in
which the body was found was a little
above knee-deep. The contents of her
purse was found some distance from
where the body was found, buried at the
mortician, who examined the bo
its removal from the water was
to testify that this frothy P
the nostrils and mouth of the
the time the body was
Sovereign Camp W.O.W. Vv.
| Ala. 599, 119 So. 644; Thaggat
218 Ala. 609, 119 So. 6
We have given due consi
record and proceedings of t
Court and find that the testimon
case abundantly supports t
record is free from rever
ig due to be affirme
the Court.
Affirmed.
A, BERL
. All the Justices concur. |
°
aume
KEY NUMBER SYSTEM
A, BERTOLLA & SONS et al. v-
{ Div. 228.
Supreme Court of Alabama.
Dec. 6, 1945.
1, Statutes €=109
An amendment by ref
of section in an act
matters germane to,
supplemental to, subject of section.
1901, § 45.
9, Statutes 6=114(7)
The amendatory ac
“An Act to amend the
enumerating specified
section 340, relating
grade of inspector,
containing matter not clearly ger
cognate to the section as amen
as amended relates to the mar
bulk of ungraded agricultural com
Agricultural Code 1927, § 340,
amended by Gen.Acts 1935, P- 1
Const.1901, § 45.
-
ue sete
conclusion that
mus
A
. 3, Statutes €64(')
P i A test to determine whet
severable, so that a por
is that an act is n
invalid: portion is SO
operation of law as
it wo
ot Ww
important to general
reasonably to lead to,
uld not have been
sections
tion may
holly void unless pres
dy before
competent
urge was on
Screws, 218
d v. Vafes,
deration to the
he Circuit
y in the
he verdict.
sible error, and
d. It is so orde
erence to number
t be confined to
suggested by,
t of 1935 entitled
al Code”,
including
to an appeal from
is unconstitutional aS posed and overruled. Defendants entered
Fi maa hich pleas of the gencral ‘ssue and special plea
Hs, “A 3, «=The State’s demurrers to plea 3 were
keting 1M sustained, and the cause was tried by a
modities. jury on the gencral issuc. The trial court,
and aS on written request, gave the general charge
89, § 73 for the State and refused a like charge re-
gricultur
her an act is
be rejected, The several ruling
adopted if Legislature had perceived in-
validity of part held unconstitutional, but,
bound together that
4, Statutes @=64(10)
The invalidity of amended section 340
of the Agricultural Act of 1935, because
containing matter not clearly germane oF
cognate to the section as amended, invali-
dated the entire amendment, wher
was no saving clause and it was apparent
that had the Legislature perceived that
section 340 would be declared unconstitu-
tional it would not have passed the amenda-
tory act. Agricultural Code 1927, § 340,
and as amended by Gen.Acts 1935, P- 189,
e there
§ 7; Const.1901, § 45.
————
Appeal from Circuit Court, Baldwin
County; F. W. Hare, Judge.
Action to recover inspection service fees,
under Gen.Acts 1935, p. 187, by the State
against A. Bertolla & Sons, a partnership,
and the individual members thereof. From
a judgment for plaintiff, defendants appeal.
Reversed and remanded.
J. B. Blackburn, of Bay Minette, for
appellants.
Wm. N. McQueen, Atty. Gen., and Chas.
M. Cooper, Asst. Atty. Gen., for the State.
LIVINGSTON, Justice.
This suit was instituted by the State of
Alabama against A. Bertolla and Sons, et
al. to recover the sum of $1654.58, alleged
to be due from defendants as shipping
point inspection service fees for the inspec-
tion of Irish potatoes.
Demurrers to the complaint were inter-
quested by defendants. There were ver-
dict and judgment for plaintiff, and de-
fendants appealed.
s of the trial court
ent for review, among others, the ques-
tion, of the constitutionality of an Act of
the Legislature of Alabama of 1935, Gerf-
cral Acts 1935, page 187. The Act purports
Forecast
af clear and cool-
igh 75.6,
-
32nd Issue
—— ore RS al a et
|sel
_ Bens. |
¥ Sparkman |
Morsed Sen. !
Seorgia for |
“qtial nomi- |
we elected
2m0-
the
oe y- Both
“4 uncom.
i iy esiden-
ision to
“Se aprise.
‘iegand ex-
om all:
ll seg-
y can
id in
that |
8 of
.ber
eS-
bbe
{
‘|some 40 years of ‘his life -to law
Funeral Services Sef Today
For 2 Slain City Dalieaden
Funeral services for two Tusca-
loosa city policemen, killed by
shotgun blasts Friday night when
they went ‘to. investigate another
shooting, will be held today.
Rites for J. Foster King, 69,
will be held at 2 p.m., from the
First Baptist Church with burial
in Evergreen Cemetery. Services
for Homer F. Hubbard, 45, will be
held at 4 p.m., from Circlewood
Baptist: Church with burial in
Tuscaloosa Memorial Park. - Jones
and, Spigener will direct the fu-
nerals.
Mr. King,
who had - devoted
, enforcement, was a former sheriff
of Tuscaloosa County. He is sur-
vived by his widow; a sister, Mrs.
Velma King Daffin, Tuscaloosa;
and an aunt, Miss Fannie Foster.
Tuscaloosa.
Mr. Hubbard had been on the
police force about eight years. He
is survived by his widow: three
daughters, Mrs Lindberg Sud-
deth, Miss Peggy Hubbard, Miss
Bonnie Faye Hubbard, all of Tus-
caloosa; three brothers, Chelse P.
Hubbard, Tuscaloosa; Archie Hub--
bard, Birmingham; and George F.
Hubbard, Holt; his mother, Mrs.
Maggie Hubbard, Tuscaloosa; and
three sisters, Mrs. ‘W.'M. Savage
C.S. Hinton Dies; Rites —
Are Set For 4 P. M. Today ©
Cc. § (Boss) Hinton, 71, member
of the Tuscaloosa County Tax
Moqualization Board and~ former
nty tax collector, died Saturday
Meenoon:at Druid City Hospital
oton suffered a heart attack
ss ago. He rallied’ suffi-
removed to his home
9 but his condition
iday.
Dy ill be held at}.
3 from the
ith burial
k ey
i
Jones and Spigener
A veteran political campaigner,
Mr. Hinton had served in the
capacity of representative from
Beat 27 on the Tuscaloosa County
Democratic Committee, County tax
collector, member of the County
Board of Revenue and as'a mem-
ber of the Tuscaloosa County Tax
Equalization Board.
In 1932 he’ was elected to mem-
bership -on the Board of Revenue
and re-elected to. that position in
1936: He resigned in 1938 to make
a successful race for county tax
collector. ‘He was re-elected tax
gllector in 1942,
Hinton .was appointed to
hip on.the County. Tax
were, Board by. former Gov.
om and re- appointed
Persons. *
eading part in
activity in
as active
GA liza- |; ;
and Mrs. Hester Causey, Tusca-
loosa; and Mrs. J. L. Guinn, Bir-
mingham. —
Tuscaloosa, Police Chief Hardin
D. Billingsley said Will Hardie,
60-year-old Negro, was arrested
on charges of murder in the shoot-
ing of the two policemen. Hardie
was arrested as he walked down
railway tracks near Havana in
Hale County. He was taken to Kil-
by Prison for safe keeping.
Circuit Solicitor J. Monroe
Ward said a special grand jury
has been called for next Wednes-
day to investigate the case. Har- |!
die is also charged with shooting |
and seriously wounding Calvin’!
Williams,
way a mile and a quarter south of
Tuscaloosa.
Serving as active pallbearers for ©
the funeral of Mr. King will be
Bill Marable, John Hayworth,
Leonard Culp, Otis Walters, Dick
Elliott and Elmer Brewer, Honor-
ary pallbearers are to be Frank
Livingston, Fred Nicol, Dr. R. M.
Wallace, Luther Davis; Sr., Dr.
Albert Tatum, Jr., Jack Brewer,
D. A. Utley Robert Pritchett, Fred
Findley, Owen Lawley, Chief H. D. |:
Billingsley and all members of the
Local Municipal Empolyes Union.
Active pallbearars for the Hub-
bard funeral will be David Causey,
Floyd and Lewis Hubbard, Lewis
Christian, Jimmy Sumners and
Richard Geddie.
Honorary pallubearers are to
include Bob Kyle, Judge Joe
Burns, a Mr. Thaxton, E. W. Skid-
more, Gordon Davis, Festus M,
Shamblin, Judge Eugene Bailey,
William Bloom, Glen Partyich, a,
Mr. Metcalf, Hubert Ball,’ Jack
Tucker, T. T. Pike, Charlie Allen,
+ Luther Davis, Sr., Frank Living-
ston, W. H. Nicol Jeff deGraffen-
‘ried and all members of the City
Police Department.
SMS)
Negro, at the Hardie |
home off the Montgomery High- |:
ee Re
SEED PLANT “LEVE
that struck in and near |}
the Fairview Farm Seed
building had only. recent
three storms caused sav:
jured, and there were}, »
bamian),
Slash Va
Damage
BIRMINGHAM ( 4a
moving squall ling
North Alabama S@s
ing houses angie
and comm hae)
across thats hs
2 eke poise well be the reply of Paul Harb cata ger
sters got th 4 yay Gary. The Dallas Texas ae “Tbers "te
wave: de a first, experience with snow afte! eae 2
posited two inches over most of North Te vane serve ,
. << e pr %
PANMUNJOM,
an War pris
ide contr The pro-Red
oversy bY
refusal to g0 home were
loose today.
venge o
ere
5
sworn ifgs
serve for ®
Twenty-on
end 327 Sou
communism
@ Indian guar
Will Hardie
mand liberated as |
,000 anti-Red ; |
to it Wednesday
nd—a course
Chanting ‘Her :
Se ap co Wil | H J d Ai fe | Come, Lor d - rio te "
pan it Fiardie Dies In Chair aig awee
the armistice.
mg some |
out of of
cases were <¢
MONTGOM? .
GOMERY ( — Chanting,in the Kilb if -igpeeng
Big Four’ ,,
when off
Her ” is |
e I come, my Lord,” a crip-| chamber y Prison execution ree: and
. jail, shops, —
900 Chinese
Slated ToDie
Bin Chair Today
/pled Negro who killed tw
. W : ‘i
loosa Police officers died nae
electric ‘chair last night.
Will Hardie, 54, told witnesses)
more than 14,
POWs already ad Ameri-
North Koreans |
The Negro went t ; | activiti
: o- the e - activities b.
[oer oye Gov. Gordon Pease other count;
ed Thursday to commute his ;T¢PO"ted in +
he was i Se i
ready to die, even though: ntence or , otherwise . interfere ‘#1, Tepairs |
Will Hardie, |®
duled to|W
t Kilby |ceP
Korean army Te|
‘he insisted he thought the officers/ “© Court order.
vere Nears he squabbled with’
n the night of the killings, |Killing Tuscak
an tillings. | scaloosa City i
oe Rr log God—I'm fr aoe King and’ Pateaeae
i bled just before 2,000 Negro. InUIN-| ame ‘to his ameter ps ai
‘ticity flashed through his io May. 9.305 Tuscaloosa
ed the;He Was pronounced dea . ey'y
MONTGOM
54-year-old
die in the
tion centers.
dian officer §
North camp
* There was
the Koreans.
ere asleep.
aid the pro-|
“ab mi Allica ¥
was = ~
o Tuscaloosa | Co
‘OUT OF COME
mud flowing Te}iies
heavy rainstort =
tely quiet.’
bration amo
yict lost out
| official said
in a final at a cle
Books, -record
of all county
ed being pro
and bonds be
The group
jently there 2
Hardie, an. ex-convict, admitted
Sgt ied in the co:
i ~~ ea t~There -are *
4 beanie : eS ia, eg =
even! They went there after a Nesro/and oid men, *
| is ‘inspecting i
as a-new Storiyas
mency hearing
ernor’s of Bat their minutes later.
Hardie
wou . : .
wounded by Hardie in the earlier Jury recommf
intoned the Lord’s disagreement was brought to q tated. The i?
that his a
tervention ie
yer and chanted a religious! Tuscaloosa hospital.
‘tune in his last moments of life’
mountain slopes :
ence that no prison-|__
Det |mended” ths
ense attorneys ‘begged for °° allowed
Attorneys
thought he 7 s¢. home
s a@ major
e prolonged
an, British
was shootin
shen his shotg
n Tuscaloosa
ster King
F,: Hubbard
ght a SNOW
iff Fee
Is Seep Sy
tective J. Fo
South Korean
The purpose Was oa
ions of the south-|White men.
unist position that they
laint, an
me east taptre
‘clemency for Ha ; ing.”
a ate sen £ ae
—— that he thought King needy In its rep
, ard were some of the Negroes |/'S apprecis:
returning. - .-. ; judges and §
stecg peor Food the state gtr tae o>
a. con was shining! pecially exr
ardie could tell the officers daoed psheer' Pa
land Deput:
today but it was! Hardie |
same S| Hardie was indicted he |for “their ¢
wide areas killings of both officers td aieattion with .
eir fate is
onference.
that
id until th
held on the chil
thought the
vy England.
; fall, and freezi
only for the shooting of King, a/ “at all tim
pieces oo sheriff. {efficient i
ora hax:liaueee execution was the first/$r@nd jur
er a new law passed by last|Stated.
in some\ areas, slicked
and driving conditio
ardous in many par
during the
ectrocution
the first und
py the 195
condemned
death any
execution.
Executions
carried out
usually wer
today Wi
lature. It allow
to be. put to
the day of
d to be}o
rth—and va
s|Curtain.
and Charlotte
C., measured
There were
reensboro, N.
e than 6 inches.
time during
Democratic §
formerly hai
pefore sunrise, &!
t after mid-
Instead, the
anoke, Va.
onsidery the
p. fter | seeing
ocked up for | an
the Indian
tely” wrec
POWS an
e held jus
cts are 1}
tates yes-
lly heavy
in} and snow
air. Below freezing
temperat rg piss as far south | Add ress Al CG ba mM qd )
o was indicted
poth officers, b ticrats joie
at| the Presi
per-| in COrpoT gas
| was likel®
m they mu
pauction a
there is no “a é
Communist as centra
while the
covered northern
South Car
ee ;
i = . .
ting,|in a ye
Reds were protes
year eg a to change the . Leslie D
sors . putting condemned pri-, oreman. |
he law allows pris i |
on authorities | ;
te rl out the sentence any time HARTF:
ae : at sae Seri ee for-| their pet c
: ucted before! obi?
! sunrise and usually were held toe
-|just after midnight. . Sancta ¢
7 Gubernatorial Ce |
eae
—
MONTGOMERY (P— Alabamaljiers Fer |
It w
as colder in the Northeast| Press. Association editors last | mission same.
‘While the
| Gen. John E.
East| face re-C-ye
. \ =~
Hull, U. N. Far
- ith readings ranging from 1
4% a
F
> a Reema. s
1 Smt heard from seven ce
Or SOVEIOT come RY am
ma - = =i sarin otek ee a ; u i
ont 9"
; HALL, Sam, black, elec. ALSP (Autauga) September 9, 1927.
COLONEL BIBB GRAVES
former governor of Alabama, who used the wisdom of
Solomon to get the truth from a man sentenced to death
OVERNORS rarely turn detective, but most of them
possess some of the necessary attributes of a successful
sleuth, and occasionally they have resorted to the
praise-worthy trickery of a Solomon to balance the
scales of justice.
Colonel Bibb Graves, who was Governor of Alabama from
1926 to 1930, tried a ‘Solomon’ once in the death-house at
Kilby Prison, Montgomery.
There was not a weak link in the long chain of events from
which Sam Hall, Autauga County, Alabama, Negro, struggled
to free himself. Detectives on the case had done their work
well, and for a jury of twelve good men and true there was not
“the shadow of a doubt.” That august body, the Supreme
Court of Alabama, was thoroughly convinced. The State’s
Board of Pardons saw no reason to interfere.
In the eyes of all those whose duty it is to help spin the wheels
of justice, Sam Hall was an uxoricide. Or, in the more common
parlance of the layman, he was guilty of murdering his wife.
The woman had been clubbed into unconsciousness, and then
held beneath the surface of a small Autauga County creek until
water forced the breath from her lungs and the life from
her body. The body was found, and Sam was arrested, tried,
convicted, and finally sentenced.
But the defendant continued through the entire course of
his case to protest his innocence. An unlettered, terror-stricken
Negro, as black as a storm cloud, he replied to every question:
“Boss, I never done it.”’
On the one hand was conclusive evidence—evidence “beyond
the shadow of doubt.’ There was no convincing and convenient
62
DETECTIVE, November, 1933
“BEYOND
DOW
By
WILLIAM J.
MAHONEY, JR.
and
JOSEPH R. McCoy
alibi. Not one line of the most trivial evidence had been im-
peached, or even questioned. While opposing all this mass of
truth, or seeming truth, was only a simple little statement of
five words: ‘Boss, I never done it.”’
Sam had used it often. It was his only reply to a question-
ing, irritated prosecuting attorney. It was all he had to sav
to the presiding judge who sentenced him to death. It was his
stock answer to each section of the case as it was reviewed by
the Pardon Board.
It is a horrible thing to send a man to his death for a crime
he did not commit. To those with a spark of imagination it is
horrible enough to watch men die who have earned death—the
chair or the noose in exchange for a momentary flash of temper
or perhaps just a yielding to the dream of adventure.
Bibb Graves is not a mushy sentimentalist. At the time he
won his race for Governor, he was Colonel Graves. During
the World War he led an Alabama regiment in France. He
was a lawyer with years of practice before the bar, in prosecu-
tion as well as defense. More than once during bis term as
Governor he had turned a deaf ear to the pleading prayers of
a murderer’s broken mother or wife.
Night had fallen on this particular Thursday, September sth,
1927, and the Governor had yet to speak. The warden at lulby
awaited his verdict. If Bibb Graves refused to interfere, the
condemned man would be strapped in the death chair shortly
after the turn of midnight.
That sinister moment when all Alabama criminals begin their
march toward eternity was still three hours away when the
warden received this order from the chief executive’s office—
probably the strangest order in the history of modern capital
crimes:
“T will be at Kilby at midnight,’’ the Governor said. “Stray
your prisoner in the death chair, and go no further until I
order it, personally.”
Sam Hall’s personality represents a type that is rapidly dis-
appearing from the South. His kind was more common a gen-
eration or so ago—ignorant, superstitious, childlike, aud anx-
ious always to please his ‘‘white folks.’’ In consequence he had
won the sympathies of his jailers. Prison officials are human,
and there is more than one case on record where their sym-
athies have unconsciously thwarted justice.
“T didn’t dare tell anyone of my plan for that night,’”’ the
Governor said later. “I had made up my mind that if he denied
it at the end, I would not let him die. I knew that Sam already
had been told, ‘As long as you deny it, Bibb Graves will never
let you burn.’ And I knew that if my plan were to be success-
ful as a test, Sam must be left to his own counsel.’
Every guard, every deputy, every newspaperman knew, as
they moved down the steel corridors of Kilby Prison shortly
before 12 o’clock and entered the tiny room where the State
42
CCOY
nee had been im-
17 all this mass of
statement of
ay oO & Question-
all he had to say
death. It was his
t was reviewed by
death for a crime
f imagination it is
rarned death—the
ry flash of temper,
adventure.
At the time he
Graves. During
it in France. He
ie bar, in prosecu-
luring bis term as
leading prayers of
iy, September 8th,
1e warden at Kilby
d to interfere, the
leath chair shortly
iminals begin their
rs away when the
‘xecutive’s office—
of modern capital
ernor said. “Strap
no further until I
that is rapidly dis-
sre common a gen-
childlike, and anx-
onsequence he had
ficials are human,
| where their sym-
ir that night,’ the
nd that if he denied
w that Sam already
b Graves will never
» to be success-
a
rman knew, as
ilby Prison shortly
im where the State
fe
exacts its eye-for-an-eye, that a drama would be enacted that
night before Sam Hall died—if he died. They had heard some-
thing of the Governor’s strange order. And so it was a strangely
silent group—these men, no one of whom was seeing his first
electrocution. Even the stream of banter with which news-
papermen are wont to parade their callousness was lacking.
Quietly they crowded into their half of the death chamber,
held back from the chair by a single strand of heavy cable rope.
A few men, deputies and prison electricians, were giving the
chair its final inspection. The prisoner had not entered.
Somewhere men were singing Negro spirituals. The voices of
a few relatives and ministers lifted in farewell to the prisoner
with that weird blending of Christianity and the tom-tom that
is the Southern Negro’s religious ceremony. Had this been the
prelude to a stage drama, designed to sweep its audience into a
high state of excitement, it could not have been more perfectly
executed. No one has ever listened to the savage, rhythmic
beats of this death chant that precedes every Southern Negro’s
execution without being moved. It is the horror of death itself
interpreted in a song of the jungle.
As the last deputy stepped back from the chair, a door lead-
ing to the interior corridor swung wide and the condemned
man entered, supported on the arms of two deputies. His eyes
were wide with terror and the black of his face seemed mottled
with ashen gray. Without a word the deputies helped him to
the chair and he dropped into it limply. The helmet was ad-
justed and the straps drawn tightly about him.
There are three doors in the death chamber. One, leading
from the prison courtyard without, is used by spectators. A
second, thrcugh the wall to the left of the chair, opens on the
corridor that divides the cells of the condemned. The third,
seldom used, is to the right of the chair and slightly back. Cut
through this steel door, at the height of a grown man’s head, is
a circular hole about the size of one’s two fists. When the room
behind this door is dark, it is possible for one to stand at this
aperture and see and hear all that goes on within the death
chamber, without being observed.
And it was in this darkened room, unknown to the spectators
or the condemned, that Governor Graves stood while Sam
Hall was being strapped into the death chair. With him was
the Reverend M. S. Brassell, prison chaplain. Standing in
this room during the few moments that elapsed between the
arrival cf the Governor and the bringing in of the prisoner,
Mr. Brassell had received his instructions.
Another exit from the darkened room where the Governor
stood led through an apparatus-filled chamber back of the
death room. Here stood Warden Tom Shirley, awaiting the
silent signal to put into action his machinery of dissolution.
Through this room Mr. Brassell made his way to the death
chamber while the Governor whispered an order to his warden:
“No matter what signal you get, don’t touch that death switch
until I order it!’’
D IRECTLY the chaplain went to the chair. From under his
sinister spiked helmet the eyes of the Negro lifted to his.
They were listless eyes from which tke light of hope had gone,
but marked with that strained, unforgettable look of terror
that one sees in the eyes of a trapped animal. For a mo-
ment the minister returned his gaze in silence, and it seemed to
the spectators he was fighting for a complete grip on himself
before he spoke.
“Sam,” the chaplain began, ‘‘you are about to go to meet
your Maker. It is an awful thing to die with a lie on your lips
and your soul. I know you don’t want to do that. If you are
not guilty of this thing, then you have nothing to fear in
eternity. If you are guilty, I want to give you this chance to
tell the truth before you go. I want you to tell me the truth.”
There was a moment’s pause—a pause that seemed endless.
Every watch in that tiny room could be heard ticking. Some-
one swallowed audibly. Each man there was witnessing a
drama he would never see again—and he realized it. Several
¢ DOUBT”
THE DEATH CHAIR
at Kilby Prison. The door through which Governor
Graves watched the condemned man is at the left
glimpsed a face glued to a circular hole in the door to the
doomed man’s right. Piercing gray eyes, almost hidden by the
darkness, watched the chair with an intentness that might
have drawn those of the Negro could he have turned his head.
But none recognized in shaded face and eyes the Governor of
Alabama.
Those few who had noticed the face behind the door wasted
no more than a fleeting glance upon it. There was too much
drama in the chair before them. None had to be told now
that at this crucial moment the Negro’s fate was in his own
hands. The unspoken thoughts of more than one man in that
crowd were shouting over and over: ‘‘Deny it! Deny it!”’
Finally the Negro spoke with a husky deliberation, as
though each word had been wrung from the very depths of his
being by some invisible power that set his muscles twitching
with every syllable: “Yas, suh, boss,’’ he said, “I done it.”
Chaplain Brassell raised questioning eyes to those peering
from the darkened room, and then looked back at the con-
demned man. “That is all, then, Sam,’ he said, ‘“‘and God
bless you.’’ He patted the Negro’s hand as he went out.
The eyes disappeared from the hole in the door at the
prisoner’s side. At the control room entrance the Governor
nodded silently to Tom Shirley. A moment later a deputy
lifted a white disk to a hole in the wall back of the chair and
leading into the control room. Lettered in black across the
white disk was the word: “‘Ready.’’ It was the death signal.
The warden of Kilby Prison pushed the switch, a single
crimson globe suddenly flashed its lethal message—and Sam
Hall passed into the Beyond to meet his Maker.
63
Ww
K<
i es _ /
Vie Gh “err /| LCL
CHAIR AT KILBY
EXACTS PENALIY
~ OF YOUNG BANDIT
Wesley Vincent Electrocuted:
Two Negroes Also Pay |
. Supreme Price |
| MONTGOMERY, Ala.—(?}—Wes-
j ley Vincent, just 20, who had spent |
jthe afternoon weeping on the |
| shoulder of his slight mother, died |
im Kilby Prison’s electric chair early
today for the murder of Patrolman
Forrest Harris during the night club |
| holdup of a Roosevelt Birthday Ball |
at Birmingham, Jan. 30, 1935. |
Gabriel Walters and Tyrie Har- |
; rell, Negroes, from Sumter and El-|
,more Counties, respectively, were ||
|} electrocuted for the deaths of two .
| white men in arguments over debts.
| On orders of his mother, Warden
Frank Boswell RS. MEE sg
|said that Vin- F)>
cent’s body was }
lbeing shipped |
|today to ir-
/mingham for fu- > FR. “3
|neral and burial.
| The ted s
| stooped, kindly- =
faced mother
with him. yes-
terday as he
mages with >
God pardon Py
him for shoot-
ing a patrolman
who attempted
to thwart the.
holdup of a night
club. Several
patrolmen, Har- ¥
ris’ fellow offi- WESLEY VINCENT.
cers, saw the youth stiffen and die.
The youthful camer claimin.
he had “found Christ,” surpri
Gov. Graves and the State Pardon
Board by. testifying that he shot
Patrolman Harris “to make him
turn loose my friend.” ,
Richard Darrafou, his elder com-
panion, committed suicide after he)
was cornered in a futile attempt to
break from Jefferson County jail
‘several months ago. .
' $miling at a crowded room, includ-
ing several Birmingham policemen,
‘as he marched unaided into the
death chamber, Vincent said: “I'm
‘looking directly at you but my eyes)
are on Christ.
“Although I’m being punished, I
hope God will pardon those with
bitterness in their hearts against}
me,” said the pallid faced youth just
before the first lethal shock of elec-
tricity straightened him in the yel-
low chair at the end of the hall
death chamber.
At 12:13.50 his lifeless body was
lowered into a gray wooden ¢asket.
Blanched of face and his head
| Shaven, Vincent strode ‘into the
| Breen and white death cell without |
| emotion until the straps of the!
death chair were adjusted, then as |
Warden Frank Boswell asked for |
his last statement tears trickled |
"ie his cheek. The tears contin- |
| ued.
i Women’s clubs and ministers
| had pleaded in vain for Vincent's
;
life, blaming his scarlet career on.
“bad company” particularly upon |
Darrafou. His mother came from |
Shelton, Wash. to plead with |
Gov. Graves.
“He's still my boy,” cried Mrs, |
Vincent, the mother, as she walked |
unsteadily out of clanging steel
doors of Kilby Prison at 10:30 p.m.
to arrange the funeral for her son.
' “Thanks for what you have done
for me,” said Tyrie Harrell, of El- |
more County, as he was strapped
into the chair at 12:20% am. a few |
minutes later. He was pronounced |
dead by three physicians.
Harrell was condemned for the |
| murder of Chester Estes, a white |
|} man, after an argument over debts. !
“I gotta go, but I'm not due to go,” |
Gabriel Waters said as he was led |'
into the room. The second shock
coursed through his body at 12:32.25
\a.m., and he was pronounced dead |
at 12:35 a.m. He had paid for the |
death of “Lock” Sheffield, a Cuba,
| Ala., blacksmith.
| TaN
