Alabama, H, 1866-2000, Undated

tent ‘
treas fy Lelem Wis be Foe eet pee
ne

Fon Rext.—A dwelling bonse on Courch

airtel. BS cadvertism att A. x P Horta.

LL

Sova Waren —Onr friends Clark & Mnnu,
of Fra B street, beteere Benypt @ and Mr Franc >?
have again seat ue meme of ths delicwas mot, freeh
frem ther manafactory, We were cial to see our vid
‘rend Clark beck again, He bas ieeo eT coo ng the
people of Natcbes, and succeeded perfect yy. Tra.d hot
weatber, eoda is the best thing we anuw to thopk of.

and oetter still to erink.

Suppex change of the weather will decline
be strvagest bodily bealth and most s:gurous Court tu
wwe uals fortified amint the veira pressure, The Aed
Je ket Seomah Bitters ail prodvee tue ces red result ip
the m<t agreeable manner, Try them and be cua.
winced f.28 tf

son eae espn

A Great Nuwance—From the back en-
tracce to the theatre toa distance of forty yards east,
persons patremizing the theatre Lave leom ia the hav ¢
pightly of coremitting puisances, whch Ought tu be
Stopped. and the Chef of F i3 determined tu abate
it. Families 00 the street catuot sit oo their galleries
ards coy the cool of the eveming on thisaccocot, We
uw by authority give Botice that any vee caught com
mitl.ng anuisance om these premises will be arrested
and cralt with severely. A policeman wil! be placed
tbere to watch, and we warn the public aga.net it. We
bave loog known of this outrage on public ducency , the
Chief of Police and the management deserve our thanks
for their effurta in trying to remedy the evil which
stouic aever bave existed,

_ J@ Linen Pants from $2.to $3, at No. 5,
South Royal street. ap? Ime

SS

Dear or am Op Acrress.— We sre pained
toPlearo that Mrs. Caueld died yesterday morning at
ope o'clock, after a long and painful illness. Mrs. Cau-
eld had been a resident of Mobile for nearly twenty-
@xght years, and but few seasvas passed that she was

pot grected upon the Mubile stage. She was a lady of
flor bistrienic taleu's, and aiways payed ber part cred-
ably, Do matter what she was cast in. Sbe bas, dur
ing ber loog residence here, made a host of friends.
Bbe has also raived quite a large family of children,
pome of whum have become disting sished om the stage.
Mrs Caufield was a good woman, a devoted mother and
cpright citizen, and we bope her descendants w!' fellow
ber exemplary conduct in all things. Meguiceca: in
pace. .

A sap breath mostly arises from an un-
healthy con‘ition of the digestive organs, for which take
the Red Jacket Stomach Bitters as per directions on each
bottle. Indigestiva will be -emoved, ® bealthy appetite
@ill be produced, and « q' ly a sweet breath.

fe28 of

a cane ene

Gorxo Away.—Our old friend, J W. Huteh-
fasce, leaves to-day at 12 o'clock on the steamer Hays,
for New York. 18 ie his intention to remain there some
gix months—deriag which time be will estad:ish facto-
ries for his most excelient bitters aod his new patent
cotton prees. We peed say nothing of bis bitters, they
arc lixe himeelf, Grstrate ; but bie plan for « mpressing
ooiton into barrels one of the simplest aud most im-
portant to the cottoa carrying trade, and we have no
doubt will produce a revolution im cotton freig hts,

Wherever the Doctor may go be has our beet wishes,
aad above bis success ia bis enterprises we bope be wii!
eejwy bimseif and return tevigorated in bealih next
fall.

The Exacution.

A XBGRO HUNG POR THE MCRDER C7 A WECTE BOY.
The eegro Heary, whu murdered young Mulvey, was

* executed yenterday,

Oar reasers wiilpu doubt remember the circumstan-
cos of tbe murder, bet m erier to enable others who
may oct bave read our report to understand tie mut
ter, we will give a short synopem of the case.

Tue negro tleary bad swien a gio from young Mel
wey. and useu tLe latter ask.og b:m for the mouey had
fold Bun to come ost te bis house, woen be would give
to him. The white boy folwwed bim. When they
reached a quiet aad solitary neghborbood on the roa,
Beyond Tiree Mile Creek, the negro urardered the youth
who accompanied him.

From the statemeats of the accused at the time, to
qaber colored poeple, it appears that be fires strock bim
down with some weapun not produced, aed thes pushed
qrbat be suppose to be the body wto a water hele. He
eee left te find sumetbing te throw ca up of hig vic

totes 5 tia ‘ of gt ashed voi 6 Che
ity. Th eppeare Dae
yo perictiv bunker,

sro fiouey sas eupehed sate etern
fone cuthere Chite, At fret, hel
ao! a sbert time after, vply a fow conve ve Moth
gave tusens of hfe.
MEDIC al RUA NATO,

Tecture Smith, Owen, Yuilie, Toxsy and savage were
caceLoo Gftcen miantes after the deep had taken te ex
aime the body, They pronounced it cad, but rcem
tarnded that it hang for a longer time,

THE BODY TASES Ine ¥

Aboot tem in:nutes after the bedy waa tacon dewn
apd put inte an ordinary wooden cofin and transferred
tethe ec istty of the erty sexton,

Sb ig the end of a marderer of cnly biteeb yoarr
who tmurder: d a boy of thirteen,

Mayor's Court.
Fauway, April 20.--Councilman John Har-

te, prewid og.

deuhn Su.th, for driving too fast, was required te uy
a tive of $10.

James Riley was charged by Ann Hinds with disor
deriy conduct. As ADO Was reported tu be in the guard
beuse, laboring under the .ofueres of imtoxat.ng |
quors, the case was postponed

C. V. Lindsay acd Mice Roach were charge! with hay
ing robbed passengers on the mail boat, They were
brougbt to town ia iroas. No proof was offered against
them. and the case was dismissed. The accused, bow
ever, are required tv give a $100 boud each fur good be
bavior.

The case of C, L. Perry was sgaincalied op. Mre,
Perry appeared in court this moruiwg. She stated tbat
her husband had left her seven years ago, and bad only
written to her once since, The court fined the accused
$50 for breaking in bis wife's door, and required bin
to give a $500 bond for his future goud bebavior,

The court adjourved.

Sopa Warren —A soda water ‘establishment

is Offered fur sale. Sve advertisement,

————
Prom Yesterday's Kvening Edition.

Corporation Proceedings.
BOARD OF ALDERMEN.

Miusora: Borrpives, ,
Thursday cveuing, April lv, 1866. 5
The Board of Aliermea met th.s evening.
Vresent—Presiteat Price, Aidermcn Hadgett, Dane.
Delcbamps, Flanary, Grinovll, Grady, Girard, Miller
Maguire, McDonak!, Overall, O'Cossell, Riley, Smitt.
Vautrot and Williarms—17. ;
Abesot—A. Brooks, Hamilton, Lyons, Leiakaaf, Mc-
Cleskey and Weems—6,
The minutes of the last mecting were read and ag-

proved.
s, REPORTS OF OFFICERS.

The report of the City Tax Collector fur 1865 shows the
receipt of $695 16; for 1866, $6,425 22.

The City Tax Assessor reports receipts 00 of
business licenses for 1868, $6,299 75,

Both the above reports were ordered dled.

PAPERS PROW COMMON COUICTL

Theg Board copcorred with the action of the Couacilcs
the report of the Joint Fire Committes om the petition
of No. % ‘

The Beard concurred with the Couscid with is te
the following ° P

Report of Market Comm :ttee om the petition of D.
Ray ford and others.

The report of the same committee 00 petition of Chas.
A, Leval!

Tue report of the same coms tee Of petit.ee of ct,
zone of the lstand th Wards,

T.+ Board did not concur 18 the action of the Commoe
Couns! og the report of te Gas Light Committee, but
Lit to mscertasa tLe price of ga6 1B New ur.

Pe coulmmilles
Ineo

Ve moto of Alderman M.ller the Board receded fron
he previous action oo the coimmuak atwu of toe City
Tax Collector and coocurrid with the Coupe'! 10 referr.uy
it to the City Attorney.

Toe reaviution of Conpciiman Jones, request.ng the
Board of Alderman to take up the Tax Ordinance, was
decided cut of urder by the Chui, aad on ap appeal be
jug taxem by Alderman Willams, the Chair was sustain
4 by the fullow:ng vote .

Ayco—Badgett, lane, Delchamps, Flanary, Grinsell,
Girard, Miller, Maguire, McDouald, Rrerall, O'Coaneil,
Riley, Vautrot—13,

Noee—Grady, Smith, Wiiliame=3,

The resolution of Cuuncilmam McNeil, for the Cily
Bespial, was comurred wm

erm) S110 Me ee STU ae a ee ee
Aten about to fisht for tbe amusement
ther tyraonic londs, while prooouncng ty
ominons formule n<ed in the sails circus ¢
such occasions, vearituri fe aalitant. 4° ie
perstor looks dowm mpon them within ©
ate hight.

aie

We respectiolly call the attentiva of
who imbile rather freely to the foul
lines :
bie - te ane em ae grey eteon
vi yee toe Wot wena,
iee tis ted ae ets
she nmelanag

President Rubert<, of tue Fenian bi
hood, isin Washugton. He is open
condemnation of the movernes.t on the
eastern frontier, a8. according to his vi
will not aid the cams of Irish indepen

It a lady yawns dise times in succ
young Map, you may get your bat.

Don't find fault. Vrubsbly yon hav
enough withont fimding any more.

+ Wood ia the thang alter all,” as th
with a pine Jeg sand when a mad dog b

Bargains te Retail Beale

We Lave ms store, ex sicamer ** Merced.t.,”
Lerge Consigument of

PIRST-CLASS G00]

fuit.ble for DRY Gaya WEN, FANCY and

DeaLeks, JEWELERS and VE Ue blt

We wiil close out theee G 1s to Dealers by th

OF, ill sell the ontir~ et ot 2 email advasce ou .
Inrete Prices.

This 9 a rare chamece Ke Country Deaicre. as

cotsign ments we de net intend ty bold og for 4

ENNERAPITY, eMITH 4

appl at 6 S.C mmeree and $9 XN. Fr:

BOOTS AND SHO!

a At Whelesale Only.

Large Stet and Full Axwrtn
Alwayt ce hand as formeriy.
M. &. STETSON & CC

LD &, Fra
gar Estadi shed 1840. nell

PHILLIP FRANI

CONFECTIONE!

cor. Dauphin and Claiborne og
Opposite the Cathedral,

Whelesale and Retail Candy

PACTORY.

Aire on band a large esecrtmeni of a)i |
Freach and Ameren FANCY CANDIE
ee ad
BYRUPS for Boda, a'l Rida of Savor,

CoRDIaI™, WINES PR
Avd all sorts of BWEATMEATS. tur whicks |

fuity wlictt a share of the puni c patronage,
am Urde.0 from the country panctua:ly ate
my.

Boarding Wanted.

GENTLEMAN and «fe daze BUARI! a:
LNG wa private tamily. Call ator ada
DALLY TLMES uF

lee du st. Fra

Liberal Advan
O ¥ Coun to cur Liverpool friends.

FOWLER, STANARD
mrlé ire 22.84, Mx

The firm beretefure existing ua.ter the style
IGAN & SMITH, baa beew dussclved by mata
since and trom the 34 day of April ines.

300 sacks Bran, $1 5/

0" the Levee.
WOLFE. PRICE .
ap2d 3 corser Commerce aad 34. bia


3-90-1992-HEATH, Larry Gene, white, 40, SP (Russeil). Contract-
murder of pregnant wife, Becky. ($120,000. insurance; actual
killers received life sentence in Ga.)

—————


The Dothan Eagle, Tuesday, February 11, 1992

Execution set for
Phenix City man ,

MONTGOMERY ~— The
Alabama Supreme Court on
Monday set a March 20 execu-
tion date for a Phenix Cit man
who had his pregnant wife shot
in the head so he could marry a
wealthy socialite.

Larry Gene Heath, 41, was
convicted of capital murder for
arranging the abduction and

ooting death of Rebecca
McGuire Heath, 21.

Mrs. Heath was abducted
from her home hae 31, 1981,
and was found dead the same
day in the truck of her family’s
Car near LaGrange, Ga. An
autopsy showed she was nine
months pregnant and was car-
Trying an 8 pound, 2 ounce male
fetus that would have been born

By The Associated Press

normally if she had not been
shot in the head, court records
show. |

The two men who carried out
the crime, Gregory Lumpkin
and Charles E. Owens, were
sentenced to life in prison for
murder.


s=WH ua

- as re " ’
owe GW peonte who Elli people to show that Alling people ts trong?

Chapters

ALABAMA
P.O. Box 36386
Birmingham, AL 35236

marking address:
Gov. Guy Hunt
Alabama State House

11 South Unton Street
Montgomery, Ak. 36130

1189 South McDonough
Montgomery, AL 36104

MASSACHUSETTS
P.O. Box 7376
Worcester, MA 01605-0375

WISCONSIN (Main Office)
P.O. Box 8121
Oshkosh, WI 54903-8121

PREC UL EOY AER EE

Project Hope to Abolish the Death Penalty regrets to Angorm you, that one
of 415 advisors on the Executive Committee, and a fellow death now inmate Larry
Gene Heath, has had an execution date set for March 20th, 1992. We encourage
you to become cnvokved in a Letter writing campaign to the governor of the state
of Alabama, to save the Life of another human being as well as a person who has
peen an active participant in the effort to abolish the death penarty.

Below are points, which are valid issues, that we feel the governor Shourd
be gtving due consideration too, which you can address in your personak Letters.

1. Larry Gene Heath has been tried and sentenced twice fOX MS crime.
Once tn the state of Georgia, where he received a Life sentence and a
Second time in the state of Alabama, to neceive the death penalty, be-
cause the state felt the Life sentence wasn't enough puntshment.

2. The other give co-degsendants invokved in the crime with Larry Gene Heath
have been allowed to plea bargain fon Life sentences on Less. Larry 4
the onky one under the sentence of death.

3. The crime was a Murder for Hine. Lary Gene Heath did not actuarly tare
the £162 of another human being.

4. The 11th Cincuct Court has ruled that Larry Gene Heath received AN f-
fective assistance of counsel during trial and on appeal. Sut failed
to grant him rekieg on this issue.

9. Sance this incident, Larry Gene Heath has neceived Jesus Christ into
ns L442, and has served the Load diligently during his time on death
now. Larry has met with numerous ministers of varying denominations ,
akk of them feel Larry's desire to serve the Load is sincere.

6. We geek that the death penalty is wrong under any and all circumstances.
It projects the idea that these peoples Lives ane hopeless. We seek
that a Life 4s never hopeless, and should never be taken by anyone otner
than our creator.

This 46 urgent, pkease get involved immediately and help make a
difference.

Thank You

Project Hope to Abolish ; I 7
the Death Penalty BR

3A

- THEMONTGOMERY ADVERTISER # MONTGOMERY, ALABAMA

FEBRUARY 11,1992

Execution date set in murder of pregnant wife

W@ Larry Gene Heath already had
given his girlfriend an
engagement ring before his wife
was killed

Associated Press Report

The Alabama Supreme Court on Mon-
‘ day set a March 20 execution date for a
« Phenix City man who had his pregnant
: wife shot in the head so he could marry
- a wealthy socialite.

Larry Gene Heath, 41, was convicted
‘ of capital murder for arranging the
. abduction and shooting death of Re-
’ becca McGuire Heath, 21.

Alabama has had eight executions
since the death penalty was reinstated.
The electric chair at Holman Prison
near Atmore was last used for execution
of Wallace Norrell Thomas on July 13,
1990.

Mrs. Heath was abducted from her
home Aug. 31, 1981, and was found dead
the same day in the truck of her family’s
car near LaGrange, Ga. An autopsy
showed she was nine months pregnant
and was carrying an 8 pound, 2 ounce
male fetus that would have been born
normally if she had not been shot in the
head, court records show.

The two men who carried out the

crime, Gregory Lumpkin and Charles E.
Owens, were sentenced to life in prison
for murder.

Denise Page Lambert, Heath’s girl-
friend from Columbus, Ga., was sen-
tenced to 10 years in prison for conspir-
acy, but was released in 1985 after
serving 33 months. Court records show
Heath had already given her an
engagement ring and arranged for the
printing of wedding invitations before
his wife was killed.

Also, he took out a $2,000 home im-
provement loan, which his wife co-
signed, to pay for her killing, the re-
cords show.

Heath pleaded guilty to murder in La-

Grange, Ga., on Feb. 10, 1982, and was
sentenced to life in prison. In January
1983. a jury in Phenix City convicted
him of capital murder and, one month
later. a judge sentenced him to death.

Heath appealed, contending his trials
in both states violated his constitutional
guarantee against double jeopardy, but
the U.S. Supreme Court ruled in 1985
that a defendant’s prosecution in one
state does not preclude his being pros-
ecuted in another state for the same
crime.

Heath then appealed his case on
grounds he didn’t get a fair trial and
proper sentence, but the U.S. Supreme
Court rejected his arguments Jan. 27.

That’s when the state attorney general's
office asked the Alabama Supreme
Court to set an execution date.

Heath’s attorney, Stephen Bright of
Atlanta, could not be reached for com-
ment on whether he will try new
appeals.

Prison system spokesman John Hale
said Heath’s status on Holman Prison’s
death row would not change until the
execution date gets closer.

“He has been there a long time,” Mr.
Hale said. “Nothing changes until a cou-
ple of days before the execution. Some-
time during that week he will be put
down in the holding cell away from the
rest of the death row population.”

fau___ 8 = P

Larry Gene = Alabama

HEATH,

Ch cram ony Ef

mee

Fed

a

su


eet

“ALABAMA

MONTGOMERY — State Su-
preme Court set March 20 execu-

tion date for Larry Heath, 41, of

_- Phenix City, convicted in ’81 ab-
- duction and fatal shooting of wife,

Rebecca Heath, 21.°She was 9
months pregnant when she was

_ killed, ... Democratic lawmakers,

2 en

- TURSDAY, FEBRUARY 11 1999: USA Toray

‘Man Who Paid for
His Wife’s Death Is
Executed in Alabama.

ATMORE, Ala.—A man who
hired two men to kill his pregnant
wife was executed early Friday in
Alabama’s electric chair after he

prayed and asked her family for
forgiveness.”

“Tf this is what it takes for there
to be healing in their lives, so be
it,” said Larry Gene Heath.

Heath, 40, made no final attempt
‘to appeal his sentence for the 1981
slaying of Rebecca Heath, who was
‘nine months pregnant.  ——s-

Prosecutors said Heath, secretly
engaged to another woman, got his
21-year-old wife to cosign a $2,000
‘loan, then used the money to pay
‘for her murder.
: The men hired by Heath were
‘convicted and sentenced to life in
.prison.

hy:
saung sapduy sox

4
H

ts
f

Patra tser tit star ete tute rihe Stay or eee RRP ET OEE,

Sa RM hee a Nae Si OE, Liane Sete Alte te haa at ean is LE ae yeas eed

2661 ‘7Z HOU.
AVGNNS

— Associated Press

_—— SS


yews

V8 R4

PAGE 2D

The MontgomeryAdvertiser

SATURDAY, MARCH 21, 1992

Professor says executed inmate’s faith was sincere

By ALVIN BENN
Staff Writer,

TUSCALOOSA — Larry Gene
Heath, executed Friday for plot-

ting *the-murder~ of: his*wife~11°

years ago, appeared to have
experienced a genuine religious
conversion during his stay on
death row, a University of Ala-
bama professor said.

'“People hear a lot about jail-
house conversions, but, from ev-

erything I’ve read and heard
about him, I think his was for
real,” said Robert Sigler.

The UA criminal justice pro-
fessor said four factors led him to

“believe “Heath “had “become “a

changed man after being sen-
tenced to die for paying two hit
men to murder his wife, who was
nine months pregnant.

Dr. Sigler said Heath had
maintained an active ministry
while on death row, accepted re-

sponsibility for his actions, main-
tained a good relationship with
those who dealt with him in pris-
on “and gave up any appeals he
had before him.”

“Heath became the first Ala-’

bama prisoner to forgo available
last-minute appeals since execu-
tions resumed a decade ago. Dr.
Sigler said it was done at a time
“when his counselor told him he
had avenues of appeal left to
him.”

The professor, 50, said he per-
sonally is opposed to capital pun-
ishment and would rather have
seen Heath spend the rest of his
life in prison.

*"«T don’t support an eye-for-an-:

eye,” he said. “That belief means
an execution and that’s what we
had today.”

Dr. Sigler stressed that he had
very little sympathy for Heath
and the executed man’s behavior
had been worse than two

Georgia men who ‘were sen-
tenced to life for their roles in
the contract killing. i
“Despite what he (Heath) did,
I don’t think we should tell peo-

“ple it!is wrong to kill by killing

someone ourselves,” said Dr.
Sigler.

The professor, who said he has
worked with prison religious
groups in the past, mentioned
Heath’s efforts as a death row
minister “as a sign of his legiti-

mate conversion.”

Although there have been sev-
eral executions throughout the
country in recent weeks, Dr.
. Sigler said he does not believe

“floodgates will open and allow

thousands now on death row to
be executed.

“We've had trends where there
were 15 or 20 a year and then
none at all,” he said. “I think a
lot of it depends on the appellate
court process.”

The Dothan Eagle, Monday, March 30, 1992

ALABAMA By The Associated Press
“ March 20 for hiring two men to
Judge: Female abduct and kill tis 9-months-

- workers harassed

FLDRENCE — A federal
judge\ruled the two men who
ran a\northwest Alabama TV
j sexually harassed
female amployees and said they
should be ashamed of their dis-
graceful tonduct. /

U.S. District J

end of closing
arguments\in a wsuit that five
ainst Bridger-
land Television Inc. and Les
White, presidant of WIRT-TV in
Muscle Shoal
Haltom s the sexual
harassment fook place during
the four months after White and
vice presidgnt Bary Ross took
over manafement of WTRT in
February A988. Rosk was named
in the women’s suit\but he left
the staté and could pot be lo-
the trial.
, who is still p
said the decision was
and }e will appeal. He said he
was/ out of town on business
during most of the four-month
eriod and was not aware of any
arassment.

Remembered
after execution

PHENIX CITY — Family and
friends of a pregnant woman
slain more than 10 years ago
gathered Saturday to remem-
ber Rebecca McGuire Heath, a
week after her husband was
electrocuted in Alabama for the
1981 contract murder.

Larry Gene Heath, 40, of
Phenix City, was electrocuted

pregnant wife.

“We wanted this saga to end
with a-church service, rather
than the execution of Larry
Heath,’’ said Mrs. Heath’s
mother, Sandra McGuire, of
Pine Mountain, Ga.

Prosecutors said Heath used a
$2,000 home-improvement loan
his wife had co-signed to pay for
her murder.

Mrs. Heath’s unborn son also
died when the 21-year-old
woman was shot in the head
Aug. 31, 1981, and left in her car
in Troup County.

Girard student
finishes second

BIRMINGHAM — Pa
Nicholas Kustos, a 18-year.
seventh grader represer
Jefferson County, beat 57
contestants Saturday to v
state spelling bee.

Kustos, who attends £
Middle School, will
Alabama at the Nat’
ing Bee in Weenie?
contest will be helr

8.

In second plac
Joshi, 13, a ’
seventh grade
dle School ©

lace winn’

ankoori’
grader a’
in Mob*
Count:

Tr
sor
Hy


a a

: $8 Official Detective

the Troup County jail. ah
Later that evening, Jerry Wayne

Heath, 30, was arrested at a car lot on

Victory Drive in Columbus. He too was

brought to Troup County for questioning.

Each of the four suspects were charged
with two counts of murder.
On Saturday morning; September Sth,

!

authorities first questioned Slim Owens. ©

Sheriff Jones said that Owens was un-

cooperative and was talking in circles, so

they decidéd to confront him with Larry

Heath. When Heath entered the room,
Owens’ attitude seemed to change. He

admitted that he had taken- $300 from

Heath but said that it was for somebody

else. He told investigators that he had

given $100 and Larry’s gun to a man he

called ‘‘Cash.’’ He also told investiga-

tors that he had been driving his Mustang

on the morning of August 31st and that
another black man named Greg had been

driving Larry’s car. He offered no further
information about the identity of either:
Cash or Greg.

On Sunday, Columbus Detective Mil-
lirons contacted Agent Malueg and told
him: that Greg had been identified as
Gregory Hughes Lumpkin, also of 6th
Avenue in Columbus. Malueg went to
the Columbus Police Department and
obtained 4 picture of Lumpkin. A murder
warrant was issued for his arrest and a
national lookout was placed on the
National Crime Information Center com-
puter. Lumpkin was described as a 28-
year-old black male, approximately 5

. feet 7-9 inchs tall, weighing about 150-

160 pounds.

The Georgia Bureau of Investigation
offered a $500 reward for information
leading to the arrest and conviction.

The foursome in jail seemed so diffe-
rent and unrelated, and along with the
unusualness of the crime the citizens of
the area were shocked for the first few
days after the announcement of their
arrests. Two of the suspects seemed to be

complete opposites. Denise Lambert, for:

instance, was known to be from a weal-
thy family, while Charles Owens was
connected to Columbus’ illegal drug
traffic and was described as a man who
lived from hand to mouth.

On September 9th, an attorney for
Becky Heath’s estate called Sheriff
Jones and said he had some papers that
the sheriff should see. The sheriff picked
up insurance policies from the attorney
totaling $93,000. The attorney said
Becky’s parents had found them while
going through some of Larry’s things.

This gave the police the first half of

"the motive they had been looking for. On

September 11th, the other half came into

~ daughter.”?..

be

- focus. On that ‘date it was reported that
‘Larry Heath and Denise Lambert had
_ made plans—about 30 days before the
“murder took place—to be married. It
‘was found that a relative of Lambert's

had placed an order for 250 wedding
invitations from a printer in Norton, Vir- °

‘ginia, a few miles from Miss Lambert’s

home town of Coeburn. The couple was .

reportedly planning to hold a’ small

‘family’? wedding on October 18th.
The people in Lambert’s home town

were shocked at the news that she was —

involved in the killings. One city official
of Coeburn said, ‘Prior to this, 1 would
have been proud to have her as my own

‘He went on to describe her as very .

charming and polite. ‘

“‘I could not come up with one bad
comment since I’ve known the girl,’’ he-
told reporters. ‘‘She just bubbled over

_with enthusiasm. Her environment

couldn’t have been better. She was a

- top-notch student, kind of in the Who’s

Who category.” .

\

After finishing high school, Miss
Lambert had attended a very exclusive,
highly-ranked riding academy in West
Virginia, sort of like the ‘*Harvard’’ of
riding schools, said one friend of the
family. It was here she had supposedly
met a girl friend who lived in Columbus,
Georgia who later invited Denise to

- come down and spend the summer with

her. ,
On September 11th, Special Agent
Mike Carothers of the GBI’s Thomaston
- office said that he had sought a federal
bench warrant that would allow. the FBI
to enter the search for Gregory Lumpkin
if he crossed state lines. Also on the
11th, Troup County District Attorney
Art Mallory III announced that the four-
some would be tried first only for the
murder of Rebecca Heath and that the
charges against them for the murder of
Hayden Heath would be put on hold.
On September 25th, Agent Malueg
received a phone call from Columbus
Police Detective John Allman. Allman
told Malueg that the 6th suspect in the
case, Cash, had been identified by an
informant as being Sammy Williams.
Acting on this information, a warrant
was issued for his arrest.
At 11 a.m. on November 7th, GBI
Agent Mike Carothers of the Thomason
-office received a telephone call from a
man who said he wished to remain
- anonymous. The caller said that he knew
where Gregory Lumpkin was and that he
would call back after Lumpkin was

9

\
A

arrested and identify himself for the re-

_ ward. Carothers assured the caller that . a

this was O.K., and the man gave.
Carothers an address in the downtown
Atlanta, Georgia area. ‘
Carothers immediately notified the
FBI fugitive squad in Atlanta and at
12:30 p.m. Agents Ingram, Pickett and
Bartlett went to the address and arrested
Lumpkin. He~was taken-to the Atlanta

City jail to await pickup by Troup Coun- -
f

ty authorities.
Sheriff Jones and Deputy Mallory ar-

rived in Atlanta at approximately 3:35

p.m. at this time, they questioned Lump-

* kin and he told them that he had been
drifting since he had left Columbus on

September 2nd, and that he was about to
turn himself in when he was arrested.
After about 20 minutes, the session was
terminated and Lumpkin was trans-
ported back to LaGrange.

After returning to LaGrange, at about
6 p.m., Lumpkin was questioned again.
He told the officers that he wanted’ to
give a written statement about his in-
volvement in the crime. Lumpkin wrote
about a page and a half and then told the
police that he wanted to see a lawyer. At
this time, police ended their interroga-
tion and Lumpkin was not permitted to
write anything else.

Things were winding down. There.
was only one loose end. Cash Williams
was still at large, or so the investigators
thought. .

On the afternoon of November 18th,
Agent Malueg received a call from an
informant, who told him that Cash Wil-
liams was in jail on an armed robbery
charge in the Columbus Correctional In-
stitute. At 6:55 p.m., Agent Malueg and

Columbus Detective Millirons ques-—

tioned Williams at the jail.’

During the interrogation Williams |

admitted his part in the planning of the
crime but denied. any participation in it.

He told the officers that he had received

some money and a gun from Slim Owens
and that he had later sold the gun. The
officers took a formal statement and sub-
sequently filed murder charges against
Williams.
On February 3, 1982, Troup Coun
D.A., Art Mallory took his oase against
Larry Heath, Jerry Heath, Denise Lam-

bert, and Sanders Williams Jr. into Su- .

perior Court. Mallory was seeking the
death penalty against Larry Heath and
life sentences for the other three, Mallory
said that Owens and Lumpkin would be
tried separately because of circumstances
unique to their cases. On the first day of
the trial, all four defendants entered pleas
of not guilty.

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-

ning. He said he thought it was strange
and started toward the car, but stopped
when he saw a knee on the back seat
because he thought it was: a couple

‘**making out,’’ and decided not to g0

~ further.

At the same time, GBI Agent Bill
Malueg and Deputy Mallory went to the
Heath residence on Sunderland Drive in
Russell County, Alabama. When they
arrived, Larry Heath told them that his
gun was missing. He said that he had
found the box he kept the gun in on the
floor in his bedroom. He also said that
Becky’s watch was on the dresser and
that she would never have left home
without it. The officers looked around
the home and found some signs of forced
entry at the back door.

That same morning, Tuesday, investi-
gators learned that Larry Heath had been
married before, Deputy Mallory and

Agent Maleug interviewed Heath’s ex-’

wife. She told them that Larry had
spoken to her recently and had indic-
cated that he wanted to leave Becky and
take his son with him.

- This seemed very strange, since it was
the first report even remotely suggesting
that Larry and Becky might have had
marital problems. As with everything
else an investigator deals with it was
filed for future use.

Another interesting development
occurred on Wednesday morning. At ab-
out 10:15, Russell County, Alabama
Sheriff Prentiss Griffith called Sheriff
Jones. He informed him that a resident
had reported a blue-green van passing
through the Heath neighborhood early
Monday morning. The witness said that
the van seemed to pause in front of the
Heath home and then proceeded on. He
also said that he was sure that the van
was being followed by the Heath Olds-
mobile.

Wednesday afternoon was a solema

one for the friends and family of

- **Becky’’ Heath. About 200 of them

gathered in the small community of Pine
Mountain to pay their final respects. In
her short 21 years, she had endeared her-
self to many people.

‘Her unborn child, Hayden, had been
surgically removed from her womb dur-
ing the autopsy and placed in his
mother’s arms...

*‘It’s only appropriate that they should.
be buried together,’’ said one family

_ member, ‘‘I am sure this is how Becky

would have wanted it.’’

. During the funeral, the family minister
asked all those present to shift their con-
cern to Becky’s survivors, her husband,
young son and parents, and to comfort

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them in their time of great loss. -
The minister didn’t know it but the
authorities were doing: just that. As the .

book on the life of Becky Heath ‘was -

being closed, the book on her death was
just in chapter one. And the book that
would finally be written would shock

people for years to come.

Up until this point the police didn’t
know exactly where the murder had taken

place. It could have happened in Mus- »

cogee County if she had picked up a
hitchhiker or if someone had forced his
way into the car at a stop light. It could
have happened in Russell County, Alaba-
ma if she had been taken from her home,
or it could have happened in Troup Coun-
ty where the body was found.
**We-decided that the time frame
didn’t allow for a return trip to Alaba-
ma,”” said Sheriff Jones. <

H. said that Becky would not have had '
_time to go back home if she dropped ~

Larry off at 8:00 or 8:30 Monday .morn-
ing, because the motorist saw the car at
9:05.

It was also unlikely that someone got’
in the car at a red light or that she picked:

up a hiker because he knew that Becky
could not have driven the car to” the

‘Smokey Road-Location.

‘*It’s unlikely that someone would get
in and then stop the car and put her in the
back seat,’’ Jones contended.

‘*No, all the evidence points to the
murder being done here,"’ he said. ‘*The
medical examiner says that everything is
consistent with our assumptions.”’

Sheriff Jones had just taken office in
January and had barely had time to get the
feel of his chair when this case fell in his
lap. But Jones was a seasoned police
veteran who,had been in police work for
over eight years and felt up to the job.

‘I knew we had the support of the GBI
and the cooperation of all the other
police agencies, and I had complete con-
fidence in my people,"’. said the mild-
mannered, white-haired lawman.

Following up on the idea that things
between: Becky and Larry may not have
been as smooth as had first been

_ assumed, investigators checked again
_ with family and: friends. They also re-

confirmed Larry Heath’s whereabouts at
the time of the crime. He. had been at
work with his father-in-law. But there
were still unanswered questions.

At 2 a.m. Thursday, Sheriff Jones re-
ceived a call from a detective with the
Columbus Police Department. The
officer told him that he had an informant
who claimed to have information, about

\ 56 Official Detective ,

ee the Heath case and asked him to come to

Columbus. Jones and Deputy Mallory
arrived in Columbus at about 3 a.m.
The informant turned out to be an ex-
girlfriend of Jerry Heath, Larry’s
brother. She told them that she had
talked with Larry in January and that he
had said then that he wanted to find
somebody to kill Becky. She said she
had also. seen him recently and that he

‘was still talking ‘‘that crazy stuff.’’

Later Thursday morning, Columbus
Police Chief Jim Wetherington called
Sheriff Jones and told him he had learned
that Larry Heath had been seeing a white
female by the name of Denise Lambert.
He gave Jones the address of an apart-
ment in the 1500 block of 12th Street in
Columbus.

At 10 o'clock on Friday morning GBI

-Agent Robertson and Deputy Mallory

drove to the address, an apartment com-

. plex located in the Wynnton ‘section of °

Columbus., This is one of the more
affluent sections of the city, and is an
area where much of the city’s history has
been preserved.

-At 10:15, the officers interviewed the
manager of the apartment complex. He
verified that Denise Lambert lived there
and told them that she had given him
notice that she would be leaving the
apartment for good on September Ist.

He said he didn’t know exactly what

kind of work Miss Lambert did, but
thought it had something to do with
horses. He said she drove a bluish-green
pickup truck with a camper shell on it,
and that it looked a lot like a van.
At 11:30, they interviewed Miss Lam-

~ bert. She-told them that she was down

here for the summer from her home in
Virginia. She admitted to having an
affair with Larry but said that she
thought that he was divorced. She also
denied knowing of Becky or that she was
pregnant. She agreed to go to the Col-
umbus Police Department and give a
statement.

In the statement, she told them that |

she had been with Larry on the morning

_of August 31st and that they had met two

black men on 4th Avenue in Columbus
where Larry worked. She said that the
men had followed them in Larry’s car to
his house in Phenix City, Alabama, and
then they returned to Columbus. She
said she never dreamed that Larry would
have his wife killed.

At this time, Agent Robertson asked

Miss Lambert if she would submit to a |

polygraph examination. She agreed and
was transported to the Georgia State Pat-
rol Barracks in LaGrange, where the test
was administered. The test showed in-

‘ vestigators that Miss Lambert was not

being completely honest. At this time,
Sheriff Jones was called.

| Jones arrived at the G.S.P. barracks at
about 6:20 p.m. and immediately called
sLarry Heath and asked him to come
there. Heath arrived at about 6:50 and
wsa interrogated for about an hour. Dur-
ing the questioning, GBI Agent Malueg
asked Heath about Denise Lambert and
about the inconsistancies in his story. At
7:50, Larry Heath ai them a five-page
statement.

In the statement, binty confessed to

having paid $2,000 to have Becky kil-
led. He said that on August 30th he had
gone to an apartment on 6th Avenue in

Columbus and met with a black ;man:

named ‘*Edward”’ who asked to bé cal-
led ‘‘Slim.’’ He said he gave Slim $400
and told him how he wanted the killing
done.

He said that later that day he met with
Slim and two other black men and at that
time he gave them his .357 magnum and
a key to his house.

Heath also confirmed that on the
morning of August 31st he and Denise
Lambert had met with two of the three

men and had shown them where he ,
lived. Heath said that the second pay-’

ment had been made on September 2nd
by Denise Lambert.

‘They didn’t do it like I wanted them
to. She wasn’t supposed to be shot. She
was supposed to be run off the big
embankment on I-85 between the two
bridges,’’ Heath told the officers.

Shortly after Heath had made his -
statement, officers questioned Denise | ~

Lambert again. At the beginning of the
session, they told her that the lie detector

test had shown deception, and they also .

told her that Larry had confessed and
implicated her in the killings. She then
said she would give another statement
and tell the whole story.

In this statement she admitted her in-
volvement in the murders. She recounted
a story of how on September 2nd she had
met Slim at a convenience store on
Wynnton Road in Columbus and paid
him $1,600 as a final payment for the
crime’.

It was also learned through subsequent
investigation that Larry had been intro-
duced to Slim by his brother Jerry Wayne
Heath and that Larry had asked Jerry to
find someone to do the job.

Columbus police officers went to the
6th Avenue address given by Larry Heath
and arrested 31-year-old Charles Edward
‘*Slim’’ Owens and transported him to

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bers or had past connections with the °

church,

No matter what avenue of investiga-

tion they pursued, it always came back to
the founder, George Peters. Those living
at the estate the night of the murder had
seemed genuinely distraught at the pas-
sing of their founder. Some openly cried,

others stared blankly, agony etched in
their faces. But after the shock subsided,

a new picture of George Peters emerged.

‘*A° lot of employes didn’t like Pe-
ters,’’ Police Lt. Edward Hocking told

eportets. ‘‘He rode them hard and tre-
ated them harsly: A lot of guys wanted to
He alienated his’

get even with the guy.
staff and many of them felt like they were
being ‘ripped off because of low pay.
They had no love for him.”’

The theory was advanced that the
church officials had been slain by dis-
gruntled employes. It would explain why
Peters had been so brutally beaten before
being put out of his misery with a single
shot to the head.

They were still working ‘this angle

when’ three former employes contacted _

police‘on November 15th. ‘‘The church
is still doing drugs,”’ said one of the trio.
‘*The drugs are still going in and out of
the church like nothing had happened.’’

They alleged that wholesale drug
transactions were being made whereby
customers could purchase ‘cocaine with
credit cards and write it off as a church
donation.

For larger transactions, the jekSich
would accept, as collateral, automobile
titles and on at least one occasion, a deed
to a house.

“Nobody carek? one of the snitches
said. **All they care about is money. It
just ‘makes me sick.” |“

On November 17th, police raided the
estate and found small‘ amounts of
cocaine’ and buried marijuana. ‘‘One of
our search dogs threw a fit when he snif-

fed out’ a tool box full ‘of grass,’’ Lt.

Hocking announced after the bust. ’
Police believed they had been tipped to

' the drug cache because of bad blood that

had existed between the ex-employes and
George Peters.

George Smith, 32, had’ been head of
security before he was fired a week be-
fore the slayings. Melinda Gail Faulcon,
25, had been a secretary-receptionist un-
til she was given her pink slip on Septem-

~ ber 30th. A former bodyguard and chauf-

x

feur had also been axed.
" The employes claimed that they had
been fired at the whim of George Peters,
and not because of any job-related prob-
lems.

The excuses seemed plausible. Other

$4, Official Detective

employes claimed they had lost their
jobs for no reason.

‘The sleuths continued to apply press-
ure:.On November 31st, it paid off when

" acaller, identifying himself as a church

executive, told police he had overheard
two other officials discussing the mur-
ders earlier in the day.

‘They’ ‘didn’t mention any names but
said a-couple.of guys who had worked
for us had killed George. and Jim.’’The
two ‘were brought in and questioned.
They denied having any knowledge of
the murders and refused to make any
statements.

‘Based on information provided by the

phone caller,ithe two were arrested and

booked into county jail on suspicion of
murder.)

Their stay behind bars had a chilly
effect, and two days later the inmates
agreed to talk.

They said they had been present when
George Smith and Melinda Faulcon
admitted to‘burglarizing the compounds
and slaying the church leaders.

‘They thought George had a bun-
dle,’’ the man said. ‘‘There was all that
dope and money floating around and
they figured they could help them-
selves.’ ‘

‘The plan was to bréak into the main
house at the rear of the property and steal
money, drugs, and anything else that
Was handy. The burglary turned to mur-
der when Peters surprised them.

The informant said the two told him
that Smith grabbed a baseball bat and
pounded Peters to the floor. Smith then
placédia pillow over Peters’ head and
fired a .357 magnum slugi into the found-
er’s brain.”

Henneberry: then walked into the
house searching for Peters. He got as far
as the hallway before receiving the same
brutal treatment as his friend.

- “The 'two went crazy after that,’’ the
informant said. ‘They said they blasted
the safe with the magnum to shoot off the

'

lock, and when that didn’t work they
stole the Caddy.”’

On November 30th, police, acting on
warrants, arrested onetime security chief
George Smith and the comely 25-year-
old ex-secretary, Melinda Faulcon. The
two were brought to county jail where
they were questioned briefly before
being booked on suspicion of murder.

Two other ex-employes, a 28-year-
old former church bodyguard and a 22-
year-old chauffeur were also arrested,
but were later set free and not charged
with the murders. ° ey

Smith and Faulcon were tight-lipped;
they refused to talk about anything con-
cerning the slayings. They changed their
tune, however, as their trial date

‘ approached, and in September cut a deal

with the D.A.’s office.

On September 23rd, George Robert
Smith pleaded guilty to two counts of
first-degree murder, while co-defendant
Melinda Faulcon pleaded guilty to two
counts of voluntary manslaughter.

The pleas were entered before Super-
ior Court Judge Ronald George.

During the brief courtroom appear-
ance, Deputy District Attorney Harvey
Giss said Smith ‘‘admitted to being the
actual shooter, while Faulcon was along
with him when they were committing the
burglary. She assisted him in the strug-
gle with the guys who caught them
there.”’

‘That was no church,’’ Giss said.
‘*That was a front for a major cocaine
operation. They counseled no one, had

no congregation, and existed only to ak

ry out an evil design.”’

Smith faces a possible sentence of life
in prison without possibility of parole,
while Faulcon looks at a maximum sent-
ence of jseven years.

_ Though parole is often granted to
those condemned by the courts to life in-
prison, it looks like the two will have a

long time behind bars to contemplate the
crimes they have committed. toe

. ..Wanted Becky Dead! (from page 45)

could not have been driving the car.

Becky’s father told investigators that
she had been at their house on Sunday
and had seemed in good spirits. He said
she and’ Larry appeared to be looking
forward to the birth of their baby. When
asked if he thought she might have pick-
ed up a hitchhiker on the road he said,
‘*No, sir, I don’t think so: She had that
drilled into her all her life.’’

|

On Tuesday morning Sheriff Jones
stationed a deputy on Smokey Road,

‘where the car had been found, with in-

structions to stop every vehicle that pas-
sed the spot and inquire about the inci-

dent. This was a long shot, but aftera .—
couple of hours a motorist said that He ' ©

had seen the car at 9:05 a.m. on Monday.
The man said he saw the car lodged
against a tree with the motor still run-

a eee

ning. He said h

and started tow:

when he saw a
because he th
‘**making out,”’
further.

At the same
Malueg and Dey
Heath residence
Russell County

‘arrived, Larry }

‘gun was missin

found the box h
floor in his bed
Becky’s watch
that. she would
without it. The

‘the home and fo

entry at the bac

That same mc
gators learned tt
married before
Agent Maleug i
wife. She told
spoken to her 1
cated that he wa
take his son wit

This seemed \
the first report e
that Larry and
marital problen
else’ an investis
filed for future

Another int:
occurred on Wec
out 10:15, Ru:
Sheriff Prentiss
Jones. He infor
had reported a
through the He

/» Monday mornin

the van seemed
Heath home anc
also said that h:
was being follo\
mobile. .
Wednesday a
one for thé fi
**Becky’’ Heat

- : .gathered in the s

Mountain to pay
her short 21 yeai

self to many pec

* Her unborn c
surgically remo.
ing the autop:
mother’s arms.

“*It’s only app
be buried toget
member, ‘‘I am
would have war
’ During the fur
asked all those p
cern to Becky’s
young son and ;

1132 941 FEDERAL REPORTER, 2d SERIES

unsuccessful, is sufficient to redeem an
otherwise poor appellate performance.

2. The Prejudice Prong

While we conclude that Heath’s appellate
counsel’s performance was deficient, we
cannot conclude that Heath is able to show
any prejudice from this poor performance.
A petitioner has satisfied the prejudice
prong of Strickland when he or she can
show that the appellate counsel’s perform-
ance was sufficiently deficient to deprive
the defendant of “a trial [or an appeal]
whose result [was] reliable.” Strickland,
466 U.S. at 687, 104 S.Ct. at 2064. In the
context of an ineffective assistance on ap-
peal claim, this Court in Cross v. United
States, 893 F.2d 1287 (11th Cir.1990), held
that in order to determine prejudice the
court must first perform “a review of the
merits of the [omitted or poorly presented]
claim.” Jd. at 1290. If the Court finds
that the neglected claim would have a rea-
sonable probability of success on appeal,
then according to Cross it is necessary to
find “appellate counsel’s performance prej-
udicial because it affected the outcome of
the appeal.” /d.

With the legal standards for prejudice in
mind, Heath claims that his appellate coun-
sel would have been successful if he had
raised two claims on appeal.

a. Denial of Fair and Impartial Jury

[2,3] Heath first alleges that he was
denied a fair and impartial jury due to
extensive and highly prejudicial pretrial
publicity.6 In support of this allegation,

6. In addition to our considering this claim in
the context of an ineffective assistance of coun-
sel claim, Heath argues that we can consider it
as an independent constitutional violation. The
State argues that the claim is not properly ex-
hausted and would be procedurally barred if it
were brought back to the state courts. We,
however, find that this claim was properly ex-
hausted. The claim was raised before the trial
court during the Alabama error coram nobis
proceeding and the Alabama Court of Criminal
Appeals, the last state court to issue an opinion,
explicitly stated that it considered, and rejected,
each of the claims raised in the collateral review
petition. The Court of Criminal Appeals, more-
over, adopted, and attached to its opinion, the
trial court opinion which discusses this claim.

Heath notes that local TV and newspapers
extensively covered the murder, the investi.
gations, and the assorted trials. Heath’s
allegations raise three related claims: first,
whether the trial court erred in not Striking
individual jurors for cause; second, wheth-
er the publicity created inherent prejudice:
and third, whether the publicity caused ac-
tual prejudice.

Heath argues that the trial court erred in
failing to strike some of the jurors for
cause. A prospective juror must be re-
moved for cause if his or her views
“ ‘would prevent or substantially impair the
performance of his [or her] duties as a
juror.’” Wainwright v. Witt, 469 US.
412, 424, 105 S.Ct. 844, 852, 83 L.Ed.2d 84]
(1985) (quoting Adams ». Texas, 448 U.S,
38, 45, 100 S.Ct. 2521, 2526, 65 L.Ed.2d 581
(1980)). This Circuit has held that the
question of whether a juror was in -fact
biased is a question of fact. See Bundy v.
Dugger, 850 F.2d 1402, 1426 (11th Cir.
1988). A habeas petition will be granted
for a state trial court’s failure to strike a
juror for cause only when there is not fair
Support in the record for the trial court’s
determination that the juror was unbiased.
Id. Heath discusses the fact that, of the
eighty-one veniremembers, he challenged
sixty-seven of them for cause (including all
twelve of the eventual jurors), and the trial
court granted only eight of his challenges
for cause.’7 However, even if a venire-
member should have been struck for cause,
the Supreme Court in Ross v, Oklahoma,
487 U.S. 81, 108 S.Ct. 2273, 101 L.Ed.2d 80
(1988), held that there is no constitutional
violation where the biased veniremember

Heath v. State, 536 So.2d 142 (Ala.Cr.App.), cert.
denied, 536 So.3d 142 (Ala.1988).

7. Such numbers create a false impression. Ear-
ly into the voir dire, Heath's lawyers fell into a
pattern of asking four or five questions (did you
hear about this case in the media, did you hear
that Heath pled guilty in Georgia, can you be a
fair and impartial juror, and have you decided
that Heath was guilty) and then in every case
where the veniremember stated that he or she
had heard of the case, Heath's lawyers moved to
excuse the individual for cause. In short,
Heath’s motions to excuse a juror for cause
quickly became a routine not necessarily tied to
any direct indications of bias.

i

C:
does not eventually sit on the
Court in Ross held that a habs
er’s constitutional rights were 1
when he was forced to waste a
challenge to remove a venireme
the court should have remove
Therefore, in this habeas peti
can raise only the trial court’s
Heath’s challenges for caus:
veniremembers who eventually
jury.

{4} After a close examina
record, we conclude that there
“fair support” in the record f
court’s decision to deny Heath’s
strike each of the jurors for cau
unable to find a single member
whose answers indicated that
prior knowledge or pre-disposit
impair his or her performance
While all of the jurors had he
case in the media and several o
heard that Heath had pled guil:
gia to the same crime,’ all of
stated that they would be un!
that they would follow the judg
tions. Moreover, from the skele

8. While we have stated that w:
pressed to think of anything more
an accused than information that
previously convicted him for
charged,” United States v. Williar
464 (Sth Cir.1978), we cannot autor
clude that, in this habeas case, the
ness of Heath’s plea of guilt re:
unfair trial. Williams can be dist:
cause it arose on direct appeal, anc
er in a habeas case must show a <
violation which requires a higher -<
that required in a case arising on «
Before we can conclude in a habea
juror’s knowledge of guilt is suffic
date a retrial, we must conclude th
knowledge “ ‘would prevent or subs’
pair the performance of his [or her
juror.’” Wainwright v. Witt, 469 U.
105 S.Ct. 844, 852, 83 L.Ed.2d 841 (

ing Adams v. Texas, 448 U.S. 38, 4
2521, 2526, 65 L.Ed.2d 581 (1980)).
be prepared to make such a findin
where the juror’s knowledge of a p:
tion is buttressed by other indicatio:
bias. However, in the case at hand,
evidence in the record to suggest tha
in question were in fact biased. Bi:
record, we can conclude only that
had read the local papers and were
Heath had pled guilty in Georgia.


1130 941 FEDERAL REPORTER, 2d SERIES

petition. This denial was affirmed on ap-
peal. Heath v. State, 5386 So.2d 142 (Ala.
Cr.App.), cert. denied, 536 So.2d 142 (Ala.
1988).

On March 24, 1989, Heath filed this, his
first, petition for a writ of habeas corpus in
the Middle District of Alabama. The dis-
trict court denied the petition, without a
hearing, in August of 1989. A timely no-
tice of appeal was filed. Meanwhile, Heath
filed in district court a motion pursuant to
Rule 60 of the Federal Rules of Civil Proce-
dure seeking relief from the judgment.
This Court, in response to the Rule 60
motion, ordered the appeal to be held in
abeyance and then later dismissed the ap-
peal without prejudice.

Subsequently, the district court granted
the Rule 60 motion, allowing Heath to file
an amended petition. Heath moved for an
evidentiary hearing on his amended peti-
tion. The district court denied this request
and then, on July 24, 1990 denied the peti-

ion. Heath filed a timely notice of appeal,
-ringing this case before this Court.

Il. ANALYSIS

A. Ineffective Assistance of Counsel on
Direct Appeal 4

A defendant has a right to counsel to aid
in the direct appeal of his or her criminal
conviction. See Evitts vy. Lucey, 469 U.S.
387, 105 S.Ct. 830, 83 L.Ed.2d 821 (1985).
This right to counsel is violated when ap-
pellate counsel is ineffective. Id.; Alvord
v. Wainwright, 725 F.2d 1282 (11th Cir.
1984). This Circuit has applied the Su-
preme Court’s test for ineffective assist-
ance at trial, see Strickland vy. Washing-
ton, 466 U.S. 668, 104 S.Ct. 2052, 80
L.Ed.2d 674 (1984), to guide its analysis of

4. Heath claims that his appellate counsel was
ineffective for failing to raise two claims on
appeal: a pre-trial publicity claim and a Fifth
Amendment claim. Heath also brings these two
claims as independent constitutional violations.
Alabama state courts have not deemed the inef-
fective assistance of appellate counsel claim
procedurally barred and the state does not ar-
gue that it is procedurally barred. Therefore,
‘v2 will reach the merits of the ineffective assist-

ce of appellate counsel claim. In reaching
: ineffective assistance of appellate counsel
claim we must discuss the two underlying

ineffective assistance of appellate counse]
claims. See Orazio v, Dugger, 876 F.2¢
1508 (11th Cir.1989)., Therefore, Heath
must show that his appellate counsel’s per-
formance was deficient and that this per-
formance prejudiced the defense. Strick-
land, 466 U.S. at 687, 104 S.Ct. at 2064.
While Heath can demonstrate that his ap-
pellate counsel’s performance was defi-
cient, Heath is unable to show that this
deficient performance prejudiced his de-
fense.

1. The Performance Prong

[1] Strickland held that in evaluating
whether the appellate counsel’s perform-
ance was deficient, counsel’s performance
must be evaluated for “reasonableness un-
der prevailing professional norms.”
Strickland, 466 U.S. at 688, 104 S.Ct. at
2065. Courts should presume effective-
ness and should avoid second-guessing with
the benefit of hindsight. Jd. at 689, 104
S.Ct. at 2065. Specifically, Strickland en-
couraged reviewing courts to allow attor-
neys broad discretion to represent their
clients by pursuing their own Strategy.
However, the Court realized that merely
invoking the word “strategy” to explain
errors was insufficient since “particular de-
cision[s] must be directly assessed for rea-
sonableness [in light of] all the circum-
stances.” Jd. at 691, 104 S.Ct. at 2066.

The Supreme Court, on at least two occa-
sions, has had an opportunity to explain the
parameters of what constitutes a reason-
able strategy for appellate advocates. In
Jones v. Barnes, 463 US. 745, 103 S.Ct.
3308, 77 L.Ed.2d 987 (1983), the Court held
that the Sixth Amendment does not require
appellate advocates to raise every non-friv-

claims regardless of whether they are barred
from our review as independent constitutional
violations because we need to determine wheth-
er or not Heath’s appellate counsel was ineffec-
tive for failing to raise these claims on appeal.
The state, nevertheless, argues that the two un-
derlying claims are procedurally barred as inde-
pendent constitutional violations. Heath dis-
agrees. Therefore, before discussing each of the
underlying claims we will determine whether
there is a procedural bar which prevents us
from reaching the merits of the claim as an
independent violation.

Hi!

Cite as 94
olous issue. The Court suggested tl
fective advocates “winnow out” weak
guments even though the weaker
ments may be meritorious. Jd. at 7:
103 S.Ct. at 3313. The Court in Smi
Murray, 477 US. 527, 106 S.Ct. 266
L.Ed.2d 434 (1986), held that an appr
advocate who reviewed the entire ri
thought about various claims, and
chose to pursue thirteen claims on a
had furnished effective appellate a
ance. The Court recognized that
though a non-appealed issue might
been successful, the appellate advocac
to be judged in its entirety.

In the case at bar, appellate cou
performance was deficient. Heath’s ;
ney selected only one issue to appeal]
double jeopardy claim.5 The argument
tion of his brief to the Court of Crir
Appeals was only six pages long.
argument section of his subsequent bri:
the Alabama Supreme Court was only
page long. While we are loath to enc
age attorneys to file numerous cl:
merely for the sake of filing claims,
also realize that in a capital appeal
attorney must raise many issues in a tin
fashion or else the defendant may be pr
durally barred from ever raising those
Sues. We also note that the quality of
one claim that was briefed was unreas
ably deficient. Heath has provided affi
vits from four criminal appellate attorn:
with expertise in capital appeals who te
fied that his appellate counsel’s decision
rely on only one claim was below “prev:
ing professional norms.” Strickland, 4
US. at 688, 104 S.Ct. at 2065. All fo
attorneys stated that, had they supervis.
this appeal, they would have forbidden t

filing of these briefs. One attorney stat:

that in Kentucky since 1976 the avera;
capital appeal has raised 34 issues and t!
brief has averaged 194 pages.

es. It should be noted that Heath’s counsel cou

have brought an interlocutory appeal of his do
ble jeopardy claim. See Abney v. United Stat:
431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 6:
(1977) (holding that the Double Jeopardy Clau:
allows interlocutory appeals because part of t!
right not to be placed in jeopardy twice is lost

un
) F.za
Heath
'S per-
is per-
Strick-
t 2064.
his ap-

defi-
at this
is de-

‘ating
‘form-
nance
3s un-
rms.”
Ct. at
etive-
x with
), 104
1d en-
attor-
their
ite
N€icay
xplain
‘ar de-
wr rea-
ircum-
2066.

) occa-
in the
eason-
s, In
» §.Ct.
‘t held
equire
n-friv-

barred
utional
wheth-
ineffec-
appeal.
‘wo un-
as inde-
ith dis-
1 of the
vhether
ents us
, as an

HEATH

v. JONES 1131

Cite as 941 F.2d 1126 (11th Cir. 1991)

olous issue. The Court suggested that ef-
fective advocates “winnow out” weaker ar-
guments even though the weaker argu-
ments may be meritorious. Jd. at 751-52,
103 S.Ct. at 3313. The Court in Smith v.
Murray, 477 U.S. 527, 106 S.Ct. 2661, 91
L.Ed.2d 434 (1986), held that an appellate
advocate who reviewed the entire record,
thought about various claims, and then
chose to pursue thirteen claims on appeal
had furnished effective appellate assist-
ance. The Court recognized that even
though a non-appealed issue might have
been successful, the appellate advocacy had
to be judged in its entirety.

In the case at bar, appellate counsel’s
performance was deficient. Heath’s attor-
ney selected only one issue to appeal, the
double jeopardy claim.> The argument sec-
tion of his brief to the Court of Criminal
Appeals was only six pages long. The
argument section of his subsequent brief to
the Alabama Supreme Court was only one
page long. While we are loath to encour-
age attorneys to file numerous claims
merely for the sake of filing claims, we
also realize that in a capital appeal the
attorney must raise many issues in a timely
fashion or else the defendant may be proce-
durally barred from ever raising those is-
sues. We also note that the quality of the
one Claim that was briefed was unreason-
ably deficient. Heath has provided affida-
vits from four criminal appellate attorneys
with expertise in capital appeals who testi-
fied that his appellate counsel’s decision to
rely on only one claim was below “prevail-

_ ing professional norms.” Strickland, 466
_ US. at 688, 104 S.Ct. at 2065. AN four
: attorneys stated that, had they supervised
§ this appeal, they would have forbidden the
» filing of these briefs. One attorney stated

that in Kentucky since 1976 the average
Capital appeal has raised 34 issues and the
brief has averaged 194 pages.

5. It should be noted that Heath’s counsel could
© have brought an interlocutory appeal of his dou-
ble jeopardy claim. See Abney v. United States,
* 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651
©1977) (holding that the Double Jeopardy Clause
_ allows interlocutory appeals because part of the
_ Tight not to be placed in jeopardy twice is lost if

This is not a case where the attorney
made a strategic decision to winnow out his
less persuasive claims. Heath’s attorney
Roney, in his testimony during the state
collateral review, did not advance any rea-
sonable strategic reasons for raising only
the double jeopardy claim. While he fo-
cused on the double jeopardy claim to the
exclusion of other issues during the appeal,
he admitted that even before the trial, he
thought the double jeopardy issue was a
losing issue. Furthermore, he explained
that he did not bring the change of ven-
ue/pretrial publicity claim on appeal be-
cause he thought that Heath was guilty
and that Heath would be found guilty
wherever he was tried. Evidently, Roney
was not aware of the fact that his client
had a constitutional right to a fair trial
regardless of his client’s guilt. We are not
willing to characterize this mistaken under-
standing of the law as a reasonable strate-
gy.

The state argues that Heath’s appellate
counsel’s performance was reasonable be-
cause he was able to convince the Supreme
Court to grant certiorari. While the grant
of certiorari is impressive and indicates
that the issue that Heath’s attorney select-
ed is “an important question of federal
law,” Rules of the Supreme Court, Rule
10.1(c), this alone is not dispositive. First,
we note that Heath’s original appellate
counsel, Roney, did not draw up the peti-
tion for certiorari. Heath obtained Profes-
sor Allen, a professor from Northwestern
University School of Law, to pursue the
certiorari petition after his appeal in the
Supreme Court of Alabama had failed.
Second, the grant of certiorari does not
necessarily indicate that the position advo-
cated by Heath has any merit, only that it
is an important question. We are reluctant
to conclude that the selection of an impor-
tant question of federal law, to the exclu-
sion of other issues, which was ultimately

a

the claim is not brought prior to trial). Conse-
quently, if his counsel felt that the claim was so
strong, he could have brought a claim prior to
trial and he could have thereby focused his
appeal from the final judgment on other
grounds.


pape. ~
nvesti-
leath’s
: first,
triking
wheth-
judice;
sed ac-

srred in
rs for
be re-
views
air the
as a
9 US.
2d 841
8 US.
2d 581
at the
in fact
ndy v.
th Cir.
rranted
trike a
1ot fair
col
\bDia@ocu.
of the
lenged
ding all
the trial
illenges
venire-
r cause,
ahoma,
3d.2d 80
itutional
member

pp.), cert.

ion. Ear-
fell into a
s (did you
{| you hear

you be a
u decided

very case
he or she
moved to
In short,
for cause
rily tied to

HEATH v. JONES 1133
Cite as 941 F.2d 1126 (11th Cir. 1991)

does not eventually sit on the jury. The
Court in Ross held that a habeas petition-
er’s constitutional rights were not violated
when he was forced to waste a peremptory
challenge to remove a veniremember whom
the court should have removed for cause.
Therefore, in this habeas petition, Heath
can raise only the trial court’s denials of
Heath’s challenges for cause of those
veniremembers who eventually sat on the
jury.

[4] After a close examination of the
record, we conclude that there is at least
“fair support” in the record for the trial
court’s decision to deny Heath’s motions to
strike each of the jurors for cause. We are
unable to find a single member of the jury
whose answers indicated that his or her
prior knowledge or pre-dispositions would
impair his or her performance as a juror.
While all of the jurors had heard of the
case in the media and several of them had
heard that Heath had pled guilty in Geor-
gia to the same crime,’ all of the jurors
stated that they would be unbiased and
that they would follow the judge’s instruc-
tions. Moreover, from the skeletal nature °

8. While we have stated that we are “hard
pressed to think of anything more damning to
an accused than information that a jury had
previously convicted him for the crime
charged,” United States v. Williams, 568 F.2d
464 (Sth Cir.1978), we cannot automatically con-
clude that, in this habeas case, the jury’s aware-
ness of Heath’s plea of guilt resulted in an
unfair trial. Williams can be distinguished be-
cause it arose on direct appeal, and the petition-
er in a habeas case must show a constitutional
violation which requires a higher showing than
that required in a case arising on direct appeal.
Before we can conclude in a habeas case that a
juror’s knowledge of guilt is sufficient to man-
date a retrial, we must conclude that the juror’s
knowledge “ ‘would prevent or substantially im-
pair the performance of his [or her] duties as a
juror.” Wainwright v. Witt, 469 U.S. 412, 424,
105 S.Ct. 844, 852, 83 L.Ed.2d 841 (1985) (quot-
ing Adams v. Texas, 448 U.S. 38, 45, 100 S.Ct.
2521, 2526, 65 L.Ed.2d 581 (1980)). We might
be prepared to make such a finding in a case
where the juror’s knowledge of a prior convic-
tion is buttressed by other indications of actual
bias. However, in the case at hand, we find no

_ evidence in the record to suggest that the jurors

in question were in fact biased. Based on the
record, we can conclude only that the jurors
had read the local papers and were aware that
Heath had pled guilty in Georgia.

of the questions and answers, we are hard
pressed to find any indication of any bias
against Mr. Heath. In the Bundy case, we
found no error in a trial judge’s refusal to
strike for cause a juror who had a negative
impression about the defendant, might be
influenced by the defendant’s lack of testi-
mony, and was uncertain if he or she had a
fixed opinion about the defendant’s guilt.
Bundy, 850 F.2d at 1428 (Juror No. 3). In
that case, we focused on the juror’s prom-
ise to follow the judge’s instructions and to
judge the evidence fairly. Jd. In the case
at hand, the jurors made the same prom-
ises, and we are unable to find anything in
the record suggesting that the jurors did
not intend to keep these promises.

Second, Heath argues that he received an
unfair trial because the news media closely
followed the crime, investigation, and trials
and published distorted and prejudicial in-
formation. Heath has compiled ver 100
newspaper articles and four videotapes of
television newscasts. He argues that the
reports resulted in an unfair trial because
the articles focused on the sensational as-
pects of the murder. Heath claims that

9. Heath acknowledges the fact that the record
of the voir dire is distinctly unhelpful in this
appeal because the questions asked by his attor-
neys were neither searching nor very effective.
By way of example, a typical question was
“{now] you wouldn't be biased at all?” Heath
attempts to raise as error the fact that, early in
the voir dire, the trial court sustained the state’s
objection to Heath’s question into what a venire-
member had read about the case. The state
objected to the form of the question because it
called for a narrative. Even if the ruling was
incorrect and unfairly narrowed Heath’s voir
dire, it is unclear that the trial court’s ruling
rises to the level of a constitutional error. Cf.
Mu'min v. Virginia, — U.S. ——, 111 S.Ct. 1899,
114 L.Ed.2d 493 (1991) (holding that it is not a
violation of the Sixth Amendment or the Due
Process Clause for a judge to refuse to inquire
into the venire’s knowledge of the specific con-
tents of pre-trial publicity). Furthermore, the
trial court ruled against only the form of the
question; at other points in the voir dire, the
trial court allowed more specific questions into
the veniremember’s knowledge and allowed oth-
er general questions when they were phrased
correctly. The failure of the voir dire to elicit
proof that the venire harbored alleged biases
against Heath cannot be attributed to this ruling
by the trial court.


2H

o

HEATH v. JONES

1139

Cite as 941 F.2d 1126 (11th Cir. 1991)

Heath’s focus on the question of territo-
rial borders obscures the nexus between
this crime and the jurisdiction of Alabama.
The focus should be on Justice Holmes’
opinion in Strassheim v. Daily, 221 U.S.
280, 31 S.Ct. 558, 55 L.Ed. 735 (1911), and
its progeny. Strassheim held that Michi-
gan properly obtained jurisdiction when the
defendant never entered the state but the
crime had sufficient direct repercussions
within the state. The defendant in
Strassheim attempted to bribe a Michigan
official who was in charge of making state
purchases. The Court held that when an
individual’s criminal acts directly violate
the peace, tranquility and laws of a state,
the state may prosecute that individual,
even if the individual commits the act in
another jurisdiction. In the case at bar, a
portion of the crime of kidnapping/murder
occurred in Alabama. It is undisputed that
this act directly violated the peace, tran-
quility, and laws of Alabama. Under
Strassheim the state has established a suf-
ficient nexus to satisfy any requirement of
subject matter jurisdiction.

C. Ineffective Assistance at Trial

Finally, Heath argues that he received
ineffective assistance of counsel at trial.’
In order to prevail on this claim, Heath
must show that his trial counsel’s perform-
ance was deficient and that this deficiency
prejudiced his defense. Strickland ».
Washington, 466 U.S. at 687, 104 S.Ct. at
2064. Heath claims that his trial counsel
was ineffective in both their pretrial prepa-
rations and guilt phase defense of Heath.

15. Heath had the assistance of two lawyers at
trial.

16. Heath claims that he pled guilty in Georgia
on the condition that he not receive the death
penalty. Heath claims that the plea was not
entered knowingly because his counsel did not
investigate Alabama's intentions regarding the
death penalty. However, it is unclear that had
Heath’s Alabama counsel attacked the Georgia
guilty plea such an attack would have been
successful.’ During this habeas proceeding, the
state placed into evidence affidavits from the
Georgia prosecutors who swear that, during the

plea negotiations, they did not make any repre-

sentations about potential criminal penalties in

Alabama. Moreover, we note that the voluntari-

ness of the plea depends only upon whether the

We conclude that his counsel’s_ pretrial
preparations were deficient but that Heath
is unable to show any prejudice from this
performance. We also conclude that Heath
is unable to show that his counsel’s trial
performance was either deficient or preju-
dicial.

1. Deficiency

[12] Heath alleges that his trial attor-
neys’ performance during pretrial was defi-
cient. During the pretrial, Heath’s counsel
filed eight motions, none of which were
longer than two and a half pages. Only
the double jeopardy motion was supported
by a brief. It was five and a half pages
long and it was the only pretrial motion or
brief to cite any legal authority. Heath
also complains that counsel should have
attacked the Georgia guilty plea which con-
strained possible defenses and that '® when
his lawyers moved for a change of venue
they should have filed at least some of the
news articles with their motion. Heath
notes that his attorneys had the articles
available prior to the trial because’ Lam-
bert’s attorneys had assembled them for
her trial. Because the state does not con-
tend that Heath’s trial counsel’s perform-
ance during the pretrial was reasonable, we
accept Heath’s allegation that their per-
formance was deficient.

Heath also asserts that his counsel was
deficient during the guilt phase. Evidently
before the trial, Heath’s lawyers moved to
dismiss the case because of a double jeop-
ardy claim and in the alternative Heath’s
counsel moved to submit the double jeopar-

defendant is aware of the direct consequences
of the plea. Mabry v. Johnson, 467 U.S. 504,
509, 104 S.Ct. 2543, 2547, 81 L.Ed.2d 437 (1984).

For example, the use of a plea as a sentencing
enhancement for another crime is considered a
collateral, not a direct, consequence. Wright v.
United States, 624 F.2d 557 (5th Cir.1980). Also,
the Seventh Circuit has held that the use of a
plea to establish an element of a crime in a
separate prosecution is also a collateral conse-
quence. United States v. Jordan, 870 F.2d 1310
(7th Cir.1989). Finally, while the existence of
this plea could have constrained possible defens-
es, there is nothing in the record to demonstrate
that the plea actually played any role in con-
straining Heath’s defenses.


1138 941 FEDERAL REPORTER, 2d SERIES

2. The Merits

Heath argues that Alabama lacked sub-
ject matter jurisdiction over this offense:
Heath claims that all the elements of the
murder (a murderous act accompanied by a
contemporaneous intent to kill, see Ala-
bama Code § 13A-6—2(a)(1)), occurred in
Georgia. The state argues that Heath was
convicted of the capital crime of kidnap-
ping/murder which is not defined in section
13A-6-2(a)(1) (murder), but at section 13A-
5-40(a)(1) (capital offenses). Under the
state’s theory Alabama properly had juris-
diction because part of the kidnap-
ping/murder crime occurred in Alabama.

At the outset a few things appear clear.
Heath admits that Alabama can obtain jur-
isdiction over a kidnapping charge if the
kidnapping began in Alabama, while the
state admits that Alabama cannot obtain
jurisdiction for a murder which occurs sole-
ly in another state. See Dolvin v. State,
891 So.2d 666, 674 (Ala.Crim.App.1979)
(holding that murder is an indivisible of-
fense and therefore only one state can
properly have jurisdiction), aff'd, 391 So.2d
677 (Ala.1980).

There are two dimensions to this jurisdic-
tional question. First, we must determine
whether the state has created a mur-
der/kidnapping crime. Second, assuming
the state has created such a crime, we
must determine whether the punishment of
Heath for this crime violates traditional
limits on state sovereignty.

[10] Heath argues that the state has
not created a crime of murder/kidnapping.
Heath notes that both kidnapping and mur-
der are separate offenses and that they are
defined in the “Offenses Involving Danger
to the Person” chapter of Title 13A of the
Alabama Code. Heath compares the defi-
nitions of kidnapping and murder with the
section of the ‘Punishments and Sen-
tences” chapter which permits the death
penalty to be applied to those who commit
murder during a kidnapping. Heath con-
cludes that Alabama has only a crime of
murder which becomes a capital offense

14. See Ala.Code § 15-2-3. (“When the commis-
sion of an offense commenced in the State of
Alabama is consummated without the bound-

when the state can prove, at the sentencing
hearing, that the aggravating factor of kid-
napping is present. Heath claims that the
mere presence of an aggravating factor is
insufficient to support subject matter juris-
diction.

As a matter of Alabama state’ law,
Heath’s argument is meritless. The Ala-
bama Criminal Code specifies that “murder
by the defendant during a kidnapping” is a
capital offense. See Ala.Code § 13A-5-
40(a)(1). Heath’s argument that the kid-
napping is not an offense and is merely an
aggravating factor is incorrect because, in
Alabama, in death penalty cases the jury
must first find the defendant to be guilty
of certain capital offenses (such as mur-
der/kidnapping), and then the defendant is
sentenced during a sentencing proceeding
in which the sentencer weighs the aggra-

vating factors against the mitigating

factors. See Baldwin v. Alabama, 472
U.S. 372, 105 S.Ct. 2727, 86 L.Ed.2d 300
(1985). Furthermore, the Supreme Court
of Alabama has strongly implied that the
capital offenses are indeed separate of-
fenses, despite their codification in the
chapter on Punishments and Sentences.
See Ex Parte Arthur, 472 So.2d 665 (Ala.
1985). In Alabama, the aggravating cir-
cumstance must be set out in the indict-
ment, 7d. at 667, and must be proved be-
yond a reasonable doubt as a “statutory
element of the crime” of capital murder
during the guilt phase. Jd. Thus as a
matter of Alabama state law, kidnap-
ping/murder is one offense and, as a mat-
ter of state law, Alabama has jurisdiction."

{11] Heath next argues that his prose-
cution in Alabama for a murder in Georgia
offends various due process concepts which
limit the territorial reach of state criminal
prosecutions. Heath notes that the Su-
preme Court has on several occasions held
that the “jurisdiction of a state is co-exten-
sive with its territory.” Manchester v.
Massachusetts, 139 U.S. 240, 264, 11 S.€t.
559, 564, 35 L.Ed. 159 (1891).

aries of the state, the offender is liable to pun-
ishment therefor in Alabama.”).

Cite
Heath’s focus on the question
rial borders obscures the nexus
this crime and the jurisdiction of
The focus should be on Justice:
opinion in Strassheim v. Daily,
280, 31 S.Ct. 558, 55 L.Ed. 735 (}
its progeny. Strassheim held tl
gan properly obtained jurisdiction
defendant never entered the stat
crime had sufficient direct rep
within the state. The defe
Strassheim attempted to bribe a
official who was in charge of ma
purchases. The Court held tha’
individual’s criminal acts direct
the peace, tranquility and laws «
the state may prosecute that
even if the individual commits
another jurisdiction. In the case
portion of the crime of kidnappir
occurred in Alabama. It is undis
this act directly violated the pe
quility, and laws of Alabam<
Strassheim the state has establis
ficient nexus to satisfy any requi
subject matter jurisdiction.

C. Ineffective Assistance at T)

Finally, Heath argues that h
ineffective assistance of counsel!
In order to prevail on this cla
must show that his trial counsel’
ance was deficient and that this
prejudiced his defense. Striv
Washington, 466 U.S. at 687, 1
2064. Heath claims that his tri
was ineffective in both their pret
rations and guilt phase defense

15. Heath had the assistance of two
trial.

16. Heath claims that he pled guilty
on the condition that he not receiv
penalty. Heath claims that the p!
entered knowingly because his cou’
investigate Alabama’s intentions re
death penalty. However, it is uncl:
Heath’s Alabama counsel attacked
guilty plea such an attack would
successful.’ During this habeas pro:
state placed into evidence affidavi
Georgia prosecutors who swear that
plea negotiations, they did not mak
sentations about potential criminal
Alabama. Moreover, we note that t!
ness of the plea depends only upon


1140 941 FEDERAL REPORTER, 2d SERIES

dy question to the jury. Both arguments
were rejected by the trial court. Neverthe-
less, in Heath’s opening, counsel argued
the double jeopardy theory to the jury and
told them they would be instructed on dou-
ble jeopardy by the judge. Counsel began
his opening by telling the jury that Heath
was tried in Georgia. The prosecutor then
interjected that Heath pled guilty. After a
sidebar, counsel told the jury that Heath
had in fact pled guilty, that he was not
supposed to be in risk of the death penalty,
and that the Alabama district attorney was
prosecuting him despite the plea. In his
closing, Heath’s counsel discussed the his-
tory and the importance of the double jeop-
ardy clause of the Fifth Amendment.!7
Heath’s counsel also admitted that Heath
was involved in the murder of his wife, that
he had pled guilty in Georgia, and that he
was serving a life sentence in Georgia.
Heath argues that this excessive reliance
on the double jeopardy clause was unrea-
sonable.

We find, however, that a more complete
examination of the record demonstrates the
reasonableness of Heath’s trial attorney’s
tactics. Heath’s two trial attorneys spent
the bulk of their time during the trial and
during their closings putting the state to
its burden of proof on the question of
whether the kidnapping started in Russell
County, Alabama. At closing, they reit-
erated the fact that Mrs. Heath had intend-
ed to drive to Georgia on the morning of
her murder, that the body was found in
Georgia, and that all of the physical evi-
dence suggested that she was shot in Geor-
gia just prior to the staged accident. Fur-
thermore, Heath’s counsel emphasized that
there was no evidence of a struggle in
Heath’s home, that no neighbors saw Mrs.
Heath being dragged out of the house, and
that the neighbors who did see Heath talk-
ing to the men in a car on the morning of
the murder did not see anything that would
prove a kidnapping occurred in Alabama.!8

17, The prosecution rebutted the double jeopardy
argument by pointing out that the judge had
already ruled on it and would not be instructing
the jury on double jeopardy.

18. Heath's counsel also noted that the cigarette
butt found in Heath's kitchen was irrelevant

We are unprepared to label Heath’s at-
torneys’ performance below reasonable
professional norms. Heath’s attorneys
were faced with a difficult, if not impossi-
ble task in defending Heath’s innocence,
and their strategy appears reasonable.
Heath’s attorneys would have had a hard
time contesting the murder charge in light
of the overwhelming physical evidence and
Heath’s extensive confession.

2. Prejudice

{13] Heath has not attempted to show
prejudice due to the ineffectiveness of
counsel at pretrial. As the state points
out, Heath has not shown that any of the
pretrial motions would have succeeded if
they were better prepared. Heath has also
failed to show any other pretrial motions
which would have succeeded if they were
submitted. Moreover, after reviewing. all

the articles and video tapes that Heath

claims his trial counsel should have sub-
mitted, we are unable to conclude that the
failure of the trial court to grant a change
of venue constitutes a constitutional error.
Therefore, the failure to submit any sup-
port with the motion does not raise a “rea-
sonable possibility” that, but for the inef-
fectiveness, the result of the motion would
have been different. Strickland v. Wash-
ington, 466 U.S. at 694, 104 S.Ct. at 2068.

Even assuming that Heath was able to
show that his attorneys’ performance was
deficient during the guilt phase, he is un-
able to show prejudice resulting from their
actions. This case is similar to Magill »v.
Dugger, 824 F.2d 879 (11th Cir.1987). In
Magill, trial counsel’s performance was
much more deficient because the attorney
in effect conceded his client’s guilt during
his opening and closing arguments. This
Court, however, did not find prejudice due
to this action. The Magill court held that
because of substantial evidence of guilt,

because no one tied the cigarette to the alleged
kidnappers. They also argued that the fact the
fan was left on is irrelevant because there was
no air conditioning in the house, and the crime
occurred in Alabama in mid.-. gust.

Ci
including the defendant’s confe:
“highly unlikely that [counsel
performance affected the jur
during the guilt phase.” Jd. a

III. CONCLUSION

We therefore AFFIRM  t|
court’s denial of the writ.

EDMONDSON, Circuit Judge
concurring in part and concurr:
judgment:

I join in the result and in mo
Judge Johnson has written. But
with two points.

First, I cannot agree that the
counsel’s performance can be juc
by the length of briefs or the ;
issues raised. Especially in the :
alty context, too many briefs are
and too many lawyers raise too
sues. Effective lawyering iny

ability to discern strong argum.

weak ones and the courage to eli:
unnecessary so that the necessa:
seen most clearly. The Supreme
today’s court recognizes—has
quired counsel to raise every no:
argument to be effective. See
Murray, 477 U.S. 527, 586, 106 &
2667, 91 L.Ed.2d 434 (1986). Tha
tom in death penalty cases is for lz
file long briefs with lots of issuc
little to me. This kind of “custc
not define the standard of objectiv«
ableness. See Gleason v. Title G;
300 F.2d 818 (5th Cir.1962). Whil

- ance with custom may generally
_ lawyer from a valid claim: of in<
# ness, noncompliance should not ne
_ mean he is ineffective. Not all
- are good ones, and customs can
| the creation of better practices.
- Court disposes of the ineffective as
_of counsel claims on lack of p
/ grounds. So, what the court say
= counsel’s performance is dicta: le
© inessential to determining the case.
worry that some of the dicta se:
'} wrong signal to lawyers.

Second, on the subject-matter juri

Question (part II.B.1. of the court


U.S. v. KOTVAS

1141

Cite as 941 F.2d 1141 (11th Cir. 1991)

including the defendant’s confession, it was
“highly unlikely that [counsel’s] deficient
performance affected the jury’s verdict
during the guilt phase.” Jd. at 888.

III. CONCLUSION

We therefore AFFIRM the
court’s denial of the writ.

district

EDMONDSON, Circuit Judge,
concurring in part and concurring in the
judgment:

I join in the result and in most of what
Judge Johnson has written. But I disagree
with two points.

First, I cannot agree that the quality of
counsel’s performance can be judged much
’ by the length of briefs or the number of

issues raised. Especially in the death pen-

alty context, too many briefs are too long;
and too many lawyers raise too many is-
sues. Effective lawyering involves the
ability to discern strong arguments from
weak ones and the courage to eliminate the
unnecessary so that the necessary may be
seen most clearly. The Supreme Court—as
today’s court recognizes—has never re-
quired counsel to raise every nonfrivolous

argument to be effective. See Smith v.

Murray, 477 U.S. 527, 536, 106 S.Ct. 2661,

2667, 91 L.Ed.2d 434 (1986). That the cus-

tom in death penalty cases is for lawyers to

file long briefs with lots of issues means
little to me. This kind of “custom” does

) not define the standard of objective reason-
ableness. See Gleason v. Title Guar. Co.,
300 F.2d 813 (5th Cir.1962). While compli-
r ance with custom may generally shield a
| ' lawyer from a valid claim of ineffective-
n _ ness, noncompliance should not necessarily
mean he is ineffective. Not all customs
"are good ones, and customs can obstruct
"the creation of better practices. Today’s
| court disposes of the ineffective assistance
of counsel claims on lack of prejudice
Pgrounds. So, what the court says about
‘counsel’s performance is dicta: language
 inessential to determining the case. Still, I

é worry that some of the dicta sends the

18 “wrong signal to lawyers.

© Second, on the subject-matter jurisdiction
uestion (part II.B.1. of the court’s opin-

ion), I think Alabama spoke plainly enough
to raise a procedural bar to federal review
of the merits. The state court of appeals
said this:

[A]lthough the appellant raised this is-
sue at trial, his failure to raise it on
direct appeal will now bar our review of
this issue. Summers v. State, 366 So.2d
336 (Ala.Cr.App.1978), writ denied, 366
So.2d 346 (Ala.1979); Dobard v. State,
455 So.2d 281 (Ala.Cr.App.1984); Dun-
kins v. State, 489 So.2d 603 (Ala.Cr.App.
1985).

Nevertheless, we hold that Alabama
did in fact have jurisdiction to prosecute
this appellant for the capital offense of
murder/kidnapping.

Heath v. State, 536 So.2d 142, 148 (Ala.Cr.
App.1988).

The phrase “will now bar our review”
seems plain to me. The state appellate
court’s discussion of the merits on the
question of jurisdiction is just an alterna- -
tive holding. See Harris v. Reed, 489 U.S.
255, 264, 109 S.Ct. 1038, 1044 n. 10, 108
L.Ed.2d 308 (1989) (state court’s alternative
holding on merits does not negate proce-
dural bar. as adequate and independent
state ground as long as state court explicit-
ly invokes state procedural bar rule as sep-
arate basis for decision).

© © KEY NUMBER SYSTEM

AVIMNS

UNITED STATES of America,
Plaintiff—Appellee,

Vv.

Joseph Henry KOTVAS, Jr.; Cullen H.
Williams, a/k/a, Buster Williams,
Claude Tanner, Defendants—Appellants.

No. 86-3672.

United States Court of Appeals,
Eleventh Circuit.

Sept. 12, 1991.

Following jury trial before the United
States District Court for the Middle Dis-


U.S. SUPREME COURT REPORTS

actually have been kidnaped from
Alabama before she was murdered
and that petitioner was already be-
ing punished for ordering that mur-
der. Petitioner was convicted and,
after sentencing hearings, was con-
demned to die. The conviction and
sentence were upheld by the Ala-
bama Court of Criminal Appeals and
the Alabama Supreme Court. 455 So
2d 905 (1984).

II

Had the Georgia authorities sud-
denly become dissatisfied with the
life sentence petitioner received in
their courts and reindicted feti-
tioner in order to seek the death
penalty once again, that indictment
would without question be barred by
the Double Jeopardy Clause of the
Fifth Amendment, as applied to the
States by the Fourteenth Amend-
ment, Benton v Maryland, 395 US
784, 23 L Ed 2d 707, 89 S Ct 2056
(1969). Whether the second indict-
ment repeated the charge of malice
murder or instead charged murder
in the course of a kidnaping, it
would surely, under any reasonable
constitutional standard, offend the
bar to successive prosecutions for
the same offense. See Brown v Ohio,
432 US 161, 166, 53 L Ed 2d 187, 97
S Ct 2221 (1977); id., at 170, 53 L Ed
2d 187, 97 S Ct 2221 (Brennan, J.,
concurring).

The only difference between this
case and such a hypothetical volte-

88 L Ed 2d

face by Georgia is that here Ala-
bama, not Georgia, was offended by
the notion that petitioner might not
forfeit his life in punishment for his
crime. The only reason the Court
gives for permitting Alabama to go
forward is that Georgia and Ala-
bama are separate sovereigns.

A

The dual sovereignty theory posits
that where the same act offends the
laws of two sovereigns, “it cannot be
truly averred that the offender has
been twice punished for the same
offence; but only that by one act he
has committed two offences, for each
of which he is justly punishable.”
Moore v Illinois, 14 How 13, 20, 14 L
Ed 306 (1852). Therefore, ‘prosecu-
tions under the laws of separate sov-
ereigns do not, in the language of
the Fifth Amendment, ‘subject [the
defendant] for the same offence to be
twice put in jeopardy.’” United
States v Wheeler, 435 US 313, 317,
55 L Ed 2d 303, 98 S Ct 1079 (1978).
Mindful of the admonitions of Jus-
tice Black, we should recognize this
exigesis of the Clause as, at best, a
useful fiction and, at worst, a dan-
gerous one. See Bartkus v Illinois,
359 US 121, 158, 3 L Ed 2d 684, 79S
Ct 676 (1959) (Black, J., dissenting).
No evidence has ever been adduced
to indicate that the Framers in-
tended the word “offense” to have so
restrictive a meaning.!

This strained reading of the Dou-

1. It is curious to note how reluctant the
Court has always been to ascertain the intent
of the Framers in this area. The furthest the
Court has ever progressed on such an inquiry
was to note: “It has not been deemed relevant
to discussion of our problem to consider dubi-
ous English precedents concerning the effect

400

of foreign criminal judgments on the ability of
English courts to try charges arising out of

the same conduct ... .” Bartkus v Illinois,
359 US, at 128, n 9, 3 L Ed 2d 684, 79 S Ct
676. But see id., at 156, 3 L Ed 2d 684, 79 S Ct

676 (Black, J., dissenting); M. Friedland, Dou-
ble Jeopardy 360-364 (1969)

HEATH v ALABAMA
88 L Ed 2d 387

ble Jeopardy Clause has survived
and indeed flourished in this Court’s
cases not because of any inherent
plausibility, but because it provides
reassuring interpretivist support for
a rule that accommodates the
unique nature of our federal system.
Before this rule is extended to cover
a new class of cases, the reasons for
its creation should therefore be
made clear.

Under the constitutional scheme,
the Federal Government has been
given the exclusive power to vindi-
cate certain of our Nation’s sover-
eign interests, leaving the States to
exercise complementary authority
over matters of more local concern.
The respective spheres of the Fed-
eral Government and the States may
overlap at times, and even where
they do not, different interests may
be implicated by a single act. See,
e.g., Abbate v United States, 359 US
187, 3 L Ed 2d 729, 79 S Ct 666
(1959) (conspiracy to dynamite tele-
phone company facilities entails
both destruction of property and dis-
ruption of federal communications
network). Yet were a prosecution by
a State, however zealously pursued,
allowed to preclude further prosecu-
tion by the Federal Government for
the same crime, an entire range of
national interests could be frus-
trated. The importance of those fed-
eral interests has thus quite prop-
erly been permitted to trump a de-
fendant’s interest in avoiding succes-
sive prosecutions or multiple punish-
ments for the same crime. See
Screws v United States, 325 US 91,
108-110, and n 10, 89 L Ed 1495, 65
S Ct 1031 (1945) (plurality opinion).
Conversely, because “the States un-
der our federal system have the
principal responsibility for defining

and prosecuting crimes,” Abbate v
United States, supra, at 195, 3 L Ed
2d 729, 79 S Ct 666, it would be
inappropriate—in the absence of a
specific congressional intent to
preempt state action pursuant to the
Supremacy Clause—to allow a fed-
eral prosecution to preclude state
authorities from vindicating “the
historic right and obligation of the
States to maintain peace and order
within their confines,” Bartkus v
Illinois, supra, at 137, 3 L Ed 2d 684,
79 S Ct 676.

The complementary nature of the
sovereignty exercised by the Federal
Government and the States places
upon a defendant burdens commen-
surate with concomitant privileges.
Past cases have recognized that the
special ordeal suffered by a defen-
dant prosecuted by both federal and
state authorities is the price of liy-
ing in a federal system, the cost of
dual citizenship. Every citizen, the
Court has noted, “owes allegiance to
the two departments, so to speak,
and within their respective spheres
must pay the penalties which each
exacts for disobedience to its laws. In
return, he can demand protection
from each within its own jurisdic-
tion.” United States v Cruikshank,
92 US 542, 551, 23 L Ed 588 (1876).
See Moore v Illinois, supra, at 20, 14
L Ed 306 (“Every citizen. . . may be
said to owe allegiance to two sover-
eigns, and may be liable to punish-
ment for an infraction of the laws of
either’’).

B

Because all but one of the cases
upholding the dual sovereignty doc-
trine have involved the unique rela-
tionship between the Federal Gov-

401

U.S. SUPREME COURT REPORTS

88 L Ed 2d

SEPARATE OPINIONS

Justice Brennan, with whom Jus-
tice Marshall joins, dissenting.

I concur wholeheartedly in Justice
Marshall’s dissent. [ write sepa-
rately only to clarify my views on
the role that “different interests”
should play in determining whether
two ‘prosecutions are “for the same
offense” within the meaning of the
Double Jeopardy Clause.

In Abbate v United States, 359 US
187, 3 L Ed 2d 729, 79 S Ct 666
(1959), in addition to arguing that
the dual sovereignty doctrine per-
mitted successive state and federal
prosecutions, the federal Govern-
ment also urged that the federal
prosecution was not barred because
the two prosecutions were not “for
the same offense.” The Govern-
ment’s theory was that, because the
federal and state statutes involved
had divergent specific purposes—the
federal law to protect communica-
tions and the state law to protect
private property—and thus _pro-
moted different “interests,” the pros-
ecutions were really for different of-
fenses.

I rejected this argument in a sepa-
rate opinion. Id., at 196-201, 3 L Ed
2d 729, 79 S Ct 666. My concern was
that “this reasoning would apply
equally if each of two successive fed-
eral prosecutions based on the same

acts was brought under a different
federal statute, and each statute was
designed to protect a different fed-
eral interest.” Id., at 197, 3 L Ed 2d
729, 79 S Ct 666 (emphasis in origi-
nal). That result I found clearly
barred by the Fifth Amendment.*

I adhere to the position I took in
Abbate, that the different purposes
or interests served by specific stat-
utes cannot justify an exception to
our established double jeopardy law.
However, I read Justice Marshall’s
dissent to use “interest” analysis in
another context. He employs it to
demonstrate the qualitative differ-
ence in the general nature of federal
and state interests and the qualita-
tive similarity in the nature of
states’ interest. Justice Marshall’s
use of this interest analysis furthers,
rather than undermines, the pur-
poses of the Double Jeopardy Clause.
Based on this understanding, I join
Justice Marshall’s dissent.

Justice Marshall, with whom Jus-
tice Brennan joins, dissenting.

Seizing upon the suggestion in
past cases that every “independent”
sovereign government may prosecute
violations of its laws even when the
defendant has already been tried for
the same crime in another jurisdic-
tion, the Court today gives short
shrift to the policies underlying

* I illustrated how radical and pernicious a
revision in existing double jeopardy jurispru-
dence the Government’s theory might work
by referring to In re Nielsen, 131 US 176, 33
L Ed 118, 9 S Ct 672 (1889). Abbate v United
States, 359 US 187, 201, 3 L Ed 2d 729, 79S
Ct 666 (1959). In Nielsen, the defendant, a

Mormon with more than one wife, had been
convicted of violating two separate congressio-
nal statutes that applied to the territory of
Utah in two successive prosecutions. In the
first prosecution he was tried for and con
398

victed of cohabiting with more than one
woman, in the second he was tried for and
convicted of adultery. The Court correctly
held that the second prosecution had uncon-
stitutionally placed the defendant twice in
jeopardy for the same offense. Under the rule
the Government proposed in Abbate, however,
the mere difference between the interests in
prohibiting multiple sexual partners and in
proscribing extramarital sexual relationships
would have permitted successive prosecutions.

HEATH v ALABAMA
88 L Ed 2d 387

those precedents. The ‘dual sover-
eignty” doctrine, heretofore used to
permit federal and state prosecu-
tions for the same offense, was born
of the need to accommodate comple-
mentary state and federal concerns
within our system of concurrent ter-
ritorial jurisdictions. It cannot jus-
tify successive prosecutions by differ-
ent States. Moreover, even were the
dual sovereignty doctrine to support
successive state prosecutions as a
general matter, it simply could not
legitimate the collusion between
Georgia and Alabama in this case to
ensure that petitioner is executed
for his crime.

I

On August 31, 1981, the body of
Rebecca Heath was discovered in an
abandoned car in Troup County,
Georgia. Because the deceased was a
resident of Russell County, Alabama,
members of the Russell County
Sheriffs Department immediately
joined Troup County authorities in
investigating the causes and agents
of her death. Tr 359. This coopera-
tive effort proved fruitful. On Sep-
tember 4, petitioner Larry Heath,
the deceased’s husband, was arrested
and brought to the Georgia State
Patrol barracks in Troup County,
where he confessed to having hired
other men to murder his wife.
Shortly thereafter, petitioner was
indicted by the grand jury of Troup
County for malice murder. The pros-
ecution’s notice to petitioner that it
was seeking the death penalty trig-
gered the beginning of the Unified
Appeals Procedure that Georgia re-
quires in capital cases. But while
these pretrial proceedings were still
in progress, petitioner seized the
prosecution’s offer of a life sentence
in exchange for a guilty plea. Upon

entry of his plea in February 1982,
petitioner was sentenced in Troup
County Superior Court to life impris-
onment. His stay in the custody of
Georgia authorities proved short,
however. Three months later, a Rus-
sell County, Alabama, grand jury
indicted him for the capital offense
of murdering Rebecca Heath during
the course of a kidnaping in the first
degree.

The murder of Rebecca Heath
must have been quite noteworthy in
Russell County, Alabama. By peti-
tioner’s count, of the 82 prospective
jurors questioned before trial during
voir dire, all but 7 stated that they
were aware that petitioner had
pleaded guilty to the same crime in
Georgia. Id., at 294. The voir dire
responses of almost all of the re-
maining 75 veniremen can only be
characterized as remarkable. When
asked whether they could put aside
their knowledge of the prior guilty
plea in order to give petitioner a fair
trial in Alabama, the vast majority
answered in the affirmative. See,
e.g., Id., at 110, 112-113, 134, 254.
These answers satisfied the trial
judge, who denied petitioner’s chal-
lenges for cause except as to those
jurors who explicitly admitted that
the Georgia proceedings would prob-
ably affect their assessment of peti-
tioner’s guilt.

With such a well-informed jury,
the outcome of the trial was surely a
foregone conclusion. Defense counsel
could do little but attempt to elicit
information from prosecution wit-
nesses tending to show that the
crime was committed exclusively in
Georgia. The court having rejected
petitioner’s constitutional and juris-
dictional claims, the defense was left
to spend most of its summation ar-
guing that Rebecca Heath may not

399


U.S. SUPREME COURT REPORTS

whether the dual sovereignty doc-
trine permits successive prosecutions
under the laws of different States
which otherwise would be held to
“subject [the defendant] for the same
offence to be twice put in jeopardy.
US Const, Amdt 5. Although we
have not previously so held, we be-
lieve the answer to this query is
inescapable. The dual sovereignty
doctrine, as originally articulated
and consistently applied by this
Court, compels the conclusion that
successive prosecutions by two
States for the same conduct are not
barred by the Double Jeopardy
Clause.

The dual sovereignty “evar is
founded on the common law contep-
tion of crime as an offense against
the sovereignty of the government.
When a defendant in a single act
violates the “peace and dignity” of
two sovereigns by breaking the laws
of each, he has committed two dis-
tinct “offences.” United States v
Lanza, 260 US 377, 382, 67 L Ed
314, 43 S Ct 141 (1922). As the Court
explained in Moore v Illinois, 14
How 13, 19, 14 L Ed 306 (1852), “{ajn
offence, in its legal signification,
means the transgression of a law.”
Consequently, when the same act
transgresses the laws of two sover-
eigns, “it cannot be truly averred
that the offender has been twice
punished for the same offense; but
only that by one act he has commit-
ted two offenses, for each of which
he is justly punishable.” Id., at 20,
14 L Ed 306.

[4] In applying the dual sover-
eignty doctrine, then, the crucial de-
termination is whether the two enti-
ties that seek successively to prose-
cute a defendant for the same course
of conduct can be termed separate
sovereigns. This determination turns

394

88 L Ed 2d

on whether the two entities draw
their authority to punish the of-
fender from distinct sources of
power. See, e.g., United States v
Wheeler, 435 US 313, 320, 55 L Ed
2d 303, 98 S Ct 1079 (1978); Waller v
Florida, 397 US 387, 393, 25 L Ed 2d
435, 90 S Ct 1184 (1970); Puerto Rico
v The Shell Co. 302 US 253, 264-265,
82 L Ed 235, 58 S Ct 167 (1937);
Lanza, supra, at 382, 67 L Ed 314, 43
S Ct 141; Grafton v United States,
206 US 333, 354-355, 51 L Ed 2d 303,
98 S Ct 1079 (1907). Thus, the Court
has uniformly held that the States
are separate sovereigns with respect
to the Federal Government because
each State’s power to prosecute is
derived from its own “inherent sov-
ereignty,” not from the Federal Gov-
ernment. Wheeler, supra, at 320, n
14, 55 L Ed 2d 303, 98 S Ct 1079. See
Abbate v United States, 359 US 187,
193-194, 3 L Ed 2d 729, 79 S Ct 666
(1959) (collecting cases); Lanza, su-
pra. As stated in Lanza, supra, at
382, 67 L Ed 314, 43 S Ct 141,

“felach government in determin-
ing what shall be an offense
against its peace and dignity is
exercising its own sovereignty, not
that of the other.

“It follows that an act de-
nounced as a crime by both na-
tional and state sovereignties is an
offense against the peace and dig-
nity of both and may be punished
by each.”

See also Bartkus v Illinois, 359 US
121, 3 L Ed 2d 684, 79 S Ct 676
(1959); Westfall v United States, 274
US 256, 258, 71 L Ed 1036, 47 S Ct
629 (1927) (Holmes, J.) (the proposi-
tion that the State and Federal Gov-
ernments may punish the same con-
duct “is too plain to need more than
statement’).

HEATH v ALABAMA
88 L Ed 2d 387

The States are no less sovereign
with respect to each other than they
are with respect to the Federal Gov-
ernment. Their powers to undertake
criminal prosecutions derive from

separate and independent sources of

power and authority originally be-
longing to them before admission to
the Union and preserved to them by
the Tenth Amendment. See Lanza,
supra, at 382, 67 L Ed 314, 43 S Ct
141. The States are equal to each
other “in power, dignity and author-
ity, each competent to exert that
residuum of sovereignty not dele-
gated to the United States by the
Constitution itself.” Coyle v Okla-
homa, 221 US 559, 567, 55 L Ed 853,
31 S Ct 688 (1911). See Skiriotes v
Florida, 313 US 69, 77, 85 L Ed
1193, 61 S Ct 924 (1941). Thus,
“[eJach has the power, inherent in
any sovereign, independently to de-
termine what shall be an offense
against its authority and to punish
such offenses, and in doing so each
‘is exercising its own sovereignty,
not that of the other.’” Wheeler, 435
US, at 320, 55 L Ed 2d 303, 98 S Ct
1079 (quoting Lanza, supra, at 382,
67 L Ed 314, 43 S Ct 141).

The cases in which the Court has
applied the dual sovereignty princi-
ple outside the realm of successive
federal and state prosecutions illus-
trate the soundness of this analysis.
United States vy Wheeler, supra, is
particularly instructive because
there the Court expressly refused to
find that only the State and Federal
Governments could be considered
distinct sovereigns with respect to
each other for double jeopardy pur-
poses, stating that “so restrictive a
view of [the dual sovereignty] con-
cept .. . would require disregard of
the very words of the Double Jeop-
ardy Clause.” 435 US, at 330, 55 L

Ed 2d 303, 98 S Ct 1079. Instead, the
Wheeler Court reiterated the princi-
ple that the sovereignty of two pros-
ecuting entities for these purposes is
determined by “the ultimate source
of the power under which the respec-
tive prosecutions were undertaken.”
Id., at 320, 55 L Ed 2d 303, 98 S Ct
1079. On the basis of this reasoning,
the Court held that the Navajo
Tribe, whose power to prosecute its
members for tribal offenses is de-
rived from the Tribe’s “primeval sov-
ereignty” rather than a delegation
of federal authority, is an indepen-
dent sovereign from the Federal
Government for purposes of the dual
sovereignty doctrine. Wheeler, su-
pra, at 328, 55 L Ed 2d 303, 98 S Ct
1079.

In those instances where the
Court has found the dual sover-
eignty doctrine inapplicable, it has
done so because the two prosecuting
entities did not derive their powers
to prosecute from independent
sources of authority. Thus, the Court
has held that successive prosecutions
by federal and territorial courts are
barred because such courts are “cre-
ations emanating from the same sov-
ereignty.” Puerto Rico, supra, at
264, 82 L Ed 235, 58 S Ct 167. 264-
266, 82 L Ed 235, 58 S Ct 167. See
also Grafton, supra (the Philippine
Islands). Similarly, municipalities
that derive their power to try a
defendant from the same organic
law that empowers the State to pros-
ecute are not separate sovereigns
with respect to the State. See, e.g.,
Waller, supra. These cases confirm
that it is the presence of indepen-
dent sovereign authority to prose-
cute, not the relation between States
and the Federal Government in our
federalist system, that constitutes

395


U.S. SUPREME COURT REPORTS

the basis for the dual sovereignty
doctrine.

Petitioner argues that Nielsen v
Oregon, 212 US 315, 53 L Ed 528, 29
S Ct 383 (1909) indicates, albeit in
dicta, that where States have con-
current jurisdiction over a criminal
offense, the first State to prosecute
thereby bars prosecution by any
other State. We find that Nielsen is
limited to its unusual facts and has
continuing relevance, if at all, only
to questions of jurisdiction between
two entities deriving their concur-
rent jurisdiction from a single source
of authority. In Nielsen, the Court
set aside a conviction obtained by
the State of Oregon against a resi-
dent of the State of Washington* for
his operation of a purse net for fish
in the Columbia River pursuant to a
valid license to do so from the State
of Washington. The Court noted that

“bly the legislation of Congress
the Columbia River is made the
common boundary between Ore-
gon and Washington, and to each
of those States is given concurrent
jurisdiction on the waters of that

river.”

“{T]he grant of concurrent juris-
diction may bring up from time to
time ... some curious and diffi-
cult questions, so we properly con-
fine ourselves to the precise ques-
tion presented .... It is enough
to decide, as we do, that for an act
done within the territorial limits
of the State of Washington under
authority and license from that
State one cannot be prosecuted
and punished by the State of Ore-
gon.” Id., at 319-321, 53 L Ed 528,
29 S Ct 383.

It is obvious that the Nielson Court

396

88 L Ed 2d

did not attempt to decide or even to
consider the double jeopardy effect of
successive state prosecutions for of-
fenses proscribed by both States; the
case, therefore, has no bearing on
the issue of the applicability of the
dual sovereignty doctrine presented
in this case.

Ill

[5] Petitioner invites us to restrict
the applicability of the dual sover-
eignty principle to cases in which
two governmental entities, having
concurrent jurisdiction and pursuing
quite different interests, can demon-
strate that allowing only one entity
to exercise jurisdiction over the de-
fendant will interfere with the un-
vindicated interests of the second
entity and that multiple prosecu-
tions therefore are necessary for the
satisfaction of the legitimate inter-
ests of both entities. This balancing
of interests approach, however, can-
not be reconciled with the dual rai
ereignty principle. This Court has
plaints dad repeatedly stated that
two identical offenses are not the
“same offence” within the meaning
of the Double Jeopardy Clause if
they are prosecuted by different sov-
ereigns. See, e.g., United States v
Lanza, 260 US 377, 67 L Ed 314, 43
S Ct 141 (1922) (same conduct, indis-
tinguishable statutes, same “inter-
ests”). If the States are separate sov-
ereigns, as they must be under the
definition of sovereignty which the
Court consistently has employed, the
circumstances of the case are irrele-
vant.

Petitioner, then, is asking the
Court to discard its sovereignty anal-
ysis and to substitute in its stead his
difficult and uncertain balancing of
interests approach. The Court has

HEATH v ALABAMA
88 L Ed 2d 387

refused a similar request on at least
one previous occasion, see Abbate v
United States, 359 US 187, 3 L Ed
2d 729, 79 S Ct 666 (1959); id., at
196, 3 L Ed 2d 729, 79 S Ct 666
(Brennan, J., separate opinion), and
rightfully so. The Court’s express
rationale for the dual sovereignty
doctrine is not simply a fiction that
can be disregarded in difficult cases.
It finds weighty support in the his-
torical understanding and _ political
realities of the States’ role in the
federal system and in the words of
the Double Jeopardy Clause itself,
“nor shall any person be subject for
the same offence to be twice put in
jeopardy of life or limb.” US Const,
Amdt 5 (emphasis added). See
Wheeler, 435 US, at 330, 55 L Ed 2d
303, 98 S Ct 1079.

It is axiomatic that “[iJn America,
the powers of sovereignty are di-
vided between the government of the
Union, and those of the States. They
are each sovereign, with respect to
the objects committed to it, and nei-
ther sovereign with respect to the
objects committed to the other.”
McCulloch y Maryland, 4 Wheat
316, 410, 4 L Ed 579 (1819). It is as
well established that the States, “as
political communities, [are] distinct
and sovereign, and consequently for-
eign to each other.” Bank of United
States v Daniel, 12 Pet 32, 54,9 L
Ed 989 (1838). See also Skiriotes y
Florida, 313 US, at 77, 85 L Ed 1193,
61 S Ct 924; Coyle v Oklahoma, 221
US, at 567, 55 L Ed 853, 31 S Ct 688.
The Constitution leaves in the pos-
session of each State “certain exclu-
sive and very important portions of
sovereign power.” The Federalist No.
9, p 55 (J. Cooke ed 1961). Foremost
among the prerogatives of sover-
eignty is the power to Create and
enforce a criminal code. See, e.g.,

Alfred L. Snapp & Son, Inc. v Puerto
Rico ex rel Barez, 458 US 592, 601,
73 L Ed 2d 995, 102 S Ct 3260 (1982);
McCulloch, supra, at 418, 4 L Ed
579. To deny a State its power to
enforce its criminal laws because
another State has won the race to
the courthouse “would be a shocking
and untoward deprivation of the his-
toric right and obligation of the
States to maintain peace and order
within their confines.” Bartkus, 359
US, at 137, 3 L Ed 2d 684, 79 S Ct
676.

Such a deprivation of a State’s
sovereign powers cannot be justified
by the assertion that under “interest
analysis” the State’s legitimate pe-
nal interests will be satisfied
through a prosecution conducted by
another State. A State’s interest in
vindicating its sovereign authority
through enforcement of its laws by
definition can never be satisfied by
another State’s enforcement of its
own laws. Just as the Federal Gov-
ernment has the right to decide that
a state prosecution has not vindi-
cated a violation of the “peace and
dignity” of the Federal Government,
a State must be entitled to decide
that a prosecution by another State
has not satisfied its legitimate sover-
eign interest. In recognition of this
fact, the Court consistently has en-
dorsed the principle that a single act
constitutes an “offence” against each
sovereign whose laws are violated by
that act. The Court has always un-
derstood the words of the Double
Jeopardy Clause to reflect this fun-
damental principle, and we see no
reason why we should reconsider
that understanding today.

The judgment of the Supreme
Court of Alabama is affirmed.

It is so ordered.
397


JAMES HESTER, powe&ety hanged in Tuscaloosa, Alas, November 30, 1827 yegp—

"A murder, it s& believed, was committed about 12 miles south of this, on May 31,

1827, which, on account of the ‘relation subsisting between the deceased and the

persons implicated, strikes us with more horror than any ‘of the many horrid mur-

ders of modern datee r

"Abigail Hester, the wife of James Hester, had lived with her husband in the

family of her father-in-law, While the members of the family were conveying her to the
grave, they were stopped by certain persons who suspected that the deceased had not
died a natural death; and her coffin was opened. The body’was found to be very much
-bruised about the breast, back, neck and shoulders, A jury was summoned to examine the
dead body, which we perceive froma list of their names, consisted partly of females;
their verdict was that the said Abigail Hester came to her death by violence committed
by some person or persons unknown, An examination before a magistrate has taken

place; but the matter is still involved in mystery. It would be improper to give
publicity to the suspicions which he have heard expressed, or the circumstances which
have given rise to them, ‘James Hester, the husband, has been committed to prison, and
one of his sisters has been held to bail, upon a charge of having committed or par-
ticipated in this horrid transaction, = The father-in-law, and several other
sisters-in-law of the deceased have been recognized to appear at court and give
evidence in relatiog to this matter." From Tuscaloosa SENTINEL - BOUTHERN ADVOCATE,
Huntsville, Ala,, June 15, 1827. ; “ * . , ,

"At the late term of the Circuit Court.of Tuscaloosa County (Judge Saffold presiding}
James Hester was found guilty of the mrder of his wife =< two negroes were also convicted
of crimes punishable with death, the one for house burning and the other for a.rape. upon
the body of a white woman = All of whom are to be executed.on Nov. 30, 1827." SOUTHERN
ADVOCATE, Huntsville, Alabama,10=26-1827 : :

"From the TUSCALOOSA ALABAMA SENTINEL: Our readers have been already informed that at

out late Circuit Court, James Hester was convicted of the murder of his wife, abigaib
Hester, We are now enabled to lay before them, theaddressmidelivered by Judge Saffold

to the unhappy culprit, when about texzpronounce against him the sentence of the law -
having been politely fumnished witha copy of it, obtained by reauest, for the purpose

of publication, tt is a brief but a weight and solemn charge. It would be difficult to
Say more within the same limits; or to say anything more strikingly just and appropriate,
The climax in the first part of it, without assuming an artificial form, or departing in
the slightest dkgree from that simplicity of style, so proper on such occasions, is full of
rhetorical beauty; and was well calculated to awaken the unhappy convict to.a sense of the
deep depravity of his crime, But we will not detain our readers longer from a perusal

of the address itself:
“tYou, James Hester, have been indicted for an offence which, in grade of enormity, is
inferior to none, It is the crime of wilful murder © and on whom committed? Was it on

a stranger in relation to whom you should have been restrained only by the prohibitions

of the law, and the principles of humanity? or, on an acquaintance, between whom and your-
self had existed only the common obligations of friendship? or one whose sex, strength

and condition, could threatenxresistance to violence? or even a tender female to whom you
stood indifferent? No = she was the feeble defenceless companion of your bosom, volun-
tarily chosen as partner of pour life. She had for you given up the protection of |
parents, relatives and other friends; and had become the mother of your children,

You had thus taken upon yourself the most solem obligation that nature and society

could impese, to love, honor, cherish and protect her.

"'Thus charged you pleaded not guilty and for trial put yourself on God and your countryv.
wg Before an intelligent jury, selected with caution, a patient and thorough investigatic
has been had; confronted by the witnesses against, with the benefit of the testimony
that could be adguced in your favor, you have had all the aid that could be derived from
the ingenuity and eloquence of eminent counsel, This jury, after receiving instructions,
that if they entertained a reasonable doubt of your guilt, you were entitled to a
discharge, on mature deliberation, have solemnly pronounced you guilty.

"tNow therefore, as one who wishes you every benefit that the short miserable remanant of
your life, and an interminable futurity can afford you, I venture to remind you that you

-_

{

HESTER, James, white, hanged Tuscaloosa, Tuscaloosa Co., November 30, 1827.

“A murder, it is believed, was committed about 12 miles south of this, on May 31, 1827,
which, on account of the relation subsisting between the deceased and the persons implicated,
strikes. us with more horror than ay of the many horrid murders of modern date.

“Abigail Hester, the wife of James Hester, had lived with her husband in the family of her
father-in-law. While the members of the family were conveying her to the grave, they were
stopped by certain persons who suspected that the deceased had not died a natural death; and her
coffin was opened. The body was found to be very much bruised about the breast, back, neck and
shoulders. A jury was summoned to examine the dead body, which we perceive from a list of
their names, sonsisted partly of females; their verdict was that the said Abigail Hester came to her
death by violence committed by some person or persons unknown. An examination before a
magistrate has taken place; but the matter is still involved in mystery. It would be improper to
give publicity to the suspicions which we have heard expressed, or the circumstances which have
given rise to them. James Hester, the husband, has been committed to prison, and one of his
sisters has been held to bail, upon a charge of having committed or participated in this horrid
transaction,

“The father-in-law and several other sisters-in-law of the deceased have been recognized
to appear at court and give evidence in relation to this matter. -From Tuscaloosa Sentinel. ”-
Southern Advocate, Huntsville, AL, 6/15/1827

“Tuscaloosa, Oct. 27.-James Hester, convicted of the murder of his wife, received
sentence of Death this morning, to be executed on the 30th of nexst month. The judge’s charge,
though short, was deeply impressive, but it appeared to have no effect on the obdurate criminal.
Three sisters of Hester remain in jail, indicted as participants in the murder of Mrs. Hester - the
limits of the present term not affording time for their trial.”-~Courier, Charleston, SC, 11/8/1827.

“James Hester who was convicted at the last term of the circuit court of Tuscaloosa for
the murder of his wife...executed on Nov. 30, 1827.”-Southern Advocate, Huntsville, AL,
12/7/1827.


HERRING, Bud Phelps, black, elec. Alas (Coffee) 3-13-1912.

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gag lee omeey


HICKS, Jackson, and TYSON, Amos, blacks, hanged at Union Springs,
Bullock County, Alabama on October ll, 189).

The following is condensed from the Union Springs HERALD, 10-17-
189) (1-1). This was in a bound volume at the Alabama State Archives
and was too lengthy to hand-copy. Th ould now allow the copy to

be xeroxed. *

Their victim was a white man - a "Mr, Carey" who they killed with a

hatchet. "...Amos was feeble having suffered intensely from a terrible

disease which held him in its clutches...was thin and weak and a
chair was furnished him to sit in..." Jackson was cool and composed
but seemed to realize what was happening and had nrofessed religion,
Jackson spoke first and then Amos was held up "..,his voice was weak
and he was very feeble, He stated that he, too, was ready to die
and that he had been forgiven for milling Mr, Carey," A§ 12:1) the
same hatched that had been used to kill Mr. Carey cut the ¥aKXHK
rope to the trap. They had gone to the gallows, a few yards from
the jail, at 11:30 AM, entering the enclosure st 11:39. Rev. ©. W.
Bradford, black, was the spiritual adviser. Dr, N, M, Bedsole and
Dr. -eale Harris were the physicians end pronounced Amos dead at
12:25 and Jackson four minutes later, Both necks were broken.


stand on a fearful precipice = the awful brink of eternity$! This is not said from .
a wish to aggravate your distress but because it asubject on which possibly your '
mind may .yet dwell with some advantage to yourself, Not that it is possible to ‘
recall the horrible deed, for now you can only implore forgiveness and reflect
what you would be willihgx to give or suffer if thereby you could be permitted to
retrace the last five months of your wretched life, and have the time and incidents |
still before you, with your former discfetion to avoid the evil, and pursue the
paths of innocence and virtue, But the time has passed = it is now too late «
the fatal deed is done! This world is incompetent to afford all the relief that
your situation wuld appear to require, Yet there is a Supreme Ruler adequate to Po
every emergency, and from whom’ Religion teaches sincere penitents to expect mercy,
and it is hoped, by true contrition, it may not be found beyond your reach, As
the time that can be allowed you mst necessarily be bhert, let me entreat you to
make the best use of the momentous interval, preparatory to the awful transibion
you must sho shortly expierence, I must now proceed to the further melancholy duty
devolving upon me," SOUTHERN ADOVACTE, Huntsville, Ala, 11-9-1627.

"James Hester who was convicted at the last term of the cirduit court of Tuscaloosa
| County for the murder‘of his wife, and MoSes; a negro man, who was convicted of |
| committing a rape upon a white woman, were executed on Nov, 30, 1827." SOUTHERN

ADVOCATE, Huntsville, Alabama, Dec. 7, 1827. °

; ca .

",..( Hiram P,.) Cochrane's term of office as sheriff (of Tuscaloosa County) was re-

markable for the number of criminals executedseeoea white man who killed his wife

was hanged at the same time-as Nelson (a slave convicted of raping a white woman),

oO0e cco"

THE HIS?ORY OF .TUSCAL OOSA, 1816-1880, by Archibald McHachin, Copyright, 1977,
by W. Stanley and Addie S, Hoole. Confederate Publishing Company, University,
page 29,

A

JAMES HESTER, powwiety hanged in Tuscaloosa, Alas, _ neva or 30, 1827 eg

"A murder, it && believed, was committed about 12 miles south of this, on May 31,

1827, which, on account of the‘relation subsisting between the deceased and the

persons implicated, strikes us with more horror than any ‘of the many horrid mur-

ders of modern dates

"Abigail Hester, the wife of James Hester, had lived with her husband in the

family of her fatherein-law. While the members of the family wefe conveying her to the
grave, they were stopped by certain persons who suspected that the deceased had not
died a natural death; and her coffin was opened. The body’was found to be very much
,bruised about the breast, back, neck and shoulders. A jury was summoned to examine the
“dead body, which we perceive from a list of their names, consisted partly of females;
their verdict was that _the said Abigail Hester came to her death by violence committed
by some person or persons unknown, An examination before a magistrate has taken

place; but the matter is still involved in mystery. It would be improper to give
publicity to the suspicions which he have heard expressed, or the circumstances which
have given rise to them, James Hester, the husband, has been committed to prison, and
one of his sisters has been held to bail, upon a charge of having committed or par-
ticipated in this horrid transaction. = The father-in-law, and several other
sisters-inelaw of the deceased have been recognized to appear at court and give
evidence in relatiog to this matter,"= From Tuscaloosa SENTINEL - BOUTHERN ADVOCATE,
Hentexikhg Ala,, June 15, 1827. : . |

"At the late term of the Circuit Court.of Tuscaloosa County (Judge Saffold présiding}
James Hester was found guilty of the mrder of his wife = two negroes were also convicted
of crimes punishable with death, the one for house burning and the other for a.rape. upon
the body of a white woman = All of whom are to be executed,.on Nov, 30, 1827." SOUPHERN
ADVOCATE, Huntsville, Alabama,y10-26-1827 ° : .

"From the TUSCALOOSA ALABAMA SENTINEL: Our readers have been already informed that at

out late Circuit Court, James Hester was convicted of the murder of his wife, Abigaih
Hester. We are now enabled to lay before them, theaddressmadelivered by Judge Saffold

to the unhappy culprit, when about texzpronounce against him the sentence of the law ~
having been politely funnished witha copy of it, obtained by request, for the purpose

of publication, Jt is a brief but a weight and solemn charge, I1t would be difficult to
say more within the same limits; or to say anything more strikingly just and appropriate,
The climax in the first part of it, without assuming an artificial form, or departing in
the slightest dkgree from that simplicity of style, so proper on such occasions, is full of
rhetorical beauty; and was well calculated to awaken the unhappy convict to a sense of the
deep depravity of his crime, But we will not detain our readers longer from a perusal

of the address itself:
"t'You, James Hester, have been indicted for an offence which, in grade of enormity, is
inferior to none, It is the crime of wilful murder © and on whom committed? Was it on

a stranger in relation to whom you should have been restrained only by the prohibitions

of the law, and the principles of humanity? or, on an acquaintance, between whom and youre
self had existed only the common obligations of friendship? or one whose sex, strength

and condition, could threatengresistance to violence? or even a tender female to whom you
stood indifferent? No = she was the feeble defenceless companion of your bosom, volun-
tarily chosen as partner of yur life. She had for you given up the protection of

parents, relatives and other friends; and had become the mother of your children,

You had thus taken upon yourself the most solemn obligation that nature and society

could impese, to love, honor, cherish and protect her,

"!tThus charged you pleaded not guilty and for trial put yourself on God and your countrywe
H&K Before an intelligent jury, selected with caution, a patient and thorough investigatiol
has been had; confronted by the witnesses against, with the benefit of the testimony

that could be adguced in your favor, you have had all the aid that could be derived frem
the ingenuity and eloquence of eminent counsel, This jury, after receiving instructions,
that if they entertained a reasonable doubt of your guilt, you were entitled to a
discharge, on mature deliberation, have solemnly pronounced you guilty.

"Now therefore, as one who wishes you every benefit that the short miserable remanant of
your life, and an interminable futurity can afford you, I venture to remind you that you


stand on a fearful precipice - the awful brink of eternity$! This is not said from
a wish to aggravate your distress but because it asubject on which possibly your
mind may yet dwell with some advantage to yourself, Not that it is possible to
recall the horrible deed, for now you can only implore forgiveness and reflect

what you would be willihgx to give or suffer if thereby you could be permitted to
retrace the last five months of your wretched life, and have the time and incidents
still before you, with your former discretion to avoid the evil, and pursue the
paths of innocence and virtue, But the time has passed = it”is now too late =

the fatal deed is done} This world is incompetent to afford all the relief:that
your situation wuld appear to require, Yet there is a Supreme Ruler adequate to
every emergency, and from whom’ Religion teaches sincere penitents to expect mercy,
and it is hoped, by true contrition, it may not be found beyond your reach. As

the time that can be allowed you mst necessarily be bhoert, let me entreat you to
make the best use of the momentous interval, preparatory to the awful transition
you must sho shortly expierence, I must now proceed to the further melancholy duty

devolving upon me." SOUTHERN ADOVACTE, Huntsville, Ala,, 11-9-1927.

a

"James Hester who was convicted at Lhe last term of the cirduit court of Tuscaloosa

County for the mrder‘of his wife, and MoSes; a negro man, who was convicted of
committing a rape upon a white woman, were executed on Nov, 30, 1827." SOUTHERN
ADVOCATE, Huntsville, Alabama, Dec. 7, 1827. * :
bad g g

"...( Hiram P.) Cochrane's term of office as sheriff (of Tuscaloosa County) was re=

‘markable for the number of criminals executedse..sea white man who killed his wife

was hanged at the same time-as Nelson (a slave convicted of raping a white woman).
. " my P

@@e @e@ € Y

THE HISPORY OF .TUSCA OOSA, 1816-1880, by Archibald McHachin, Copyright, 1977,

by W. Stanley and Addie S, Hoole. Confederate Publishing Company, University,

page 29,

‘

Two Me wi

pn NA ee, , [teks

Sparks Holds
Slayers’ Fate
At Hearings

Two Negroes And White
Man To Present
Pleas Today

Gov. Chauncey Sparks will

decide today the fate of three
condemned slayers, two Negroes

and a white man, all scheduled

to- die in Kilby prison’s electric
chair early Friday morning.

For the Negroes, who have al-
ready had a clemency hearing,
the governor will announce re-
sults of a sanity examination
ordered by him a month ago to
determine whether they should

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clfed it fails to

al relief is not
bit Sop gpd to
fi #eact. Somes
0 ghvely—help

now. Take
Wieeptly andeffec-
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iid to move along
digestive juices
get genuine relief

j
|

by ely cally good again.
r s Pipis’at any. rugstore—~
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real relief from*indigestion.

General
REPAIRS
e Lubrication
e Polishing .
e Washing

Parts For

. Hudson Automobiles

pay the penalty decreed by the
trial courts. ,

The white man, R. Ben Flani-
gan, former Decatur, Ala., ship-
yard worker, has not had a hear-
ing before the governor, and will
make his plea tomorrow morn-
ing.

Flanigan was on
mer employes of the  Ingails
Shipbuilding Co, convicted of
killing a fellow workman, Lee
Shafer, in 1944. The other de-
fendant, Almon Stutts, got life
imprisonment, and was one of 11
convicts who tunneled out of
Kilby prison on April 30.

In a confession itreduced in
evidence, Flanigan Said he and
Stutts planned to rob Shafer, and
drove alongside him in an auto-
mobile early one morning while
Shafer Was, enroute to work in

“of two for-

the \shi ard. Stutts alighted
from thé car, the confession re-
lated, And shot Shafer to death.

Triéd separately, Flanigan was
sentenced to death but Stutts got
off with life, The latter has not
been recaptured since the mass
prison break.

+ The Negroes scheduled to die
Friday are Lester Wingard of
Montgomery County and Fred
Hicks of Hale. Wingard was con-
vieted of the slaying of Herbert
Athey, an aged.white man, at
Ramer; Ala, and Hicks received
the death sentence for the axe
‘killing of an old Negro woman.

At their clemency hearings
April 25, both Negroes denied
any knowledge of the crimes
with which they were charged,
and attorneys for Wingard blamed
his act on a blow on the head
inflicted by a Deputy Sheriff
with whom the Negro had words
shortly before Athey was killed.

Hicks was not represented at

A Billion Doilars
fo Relieve Piles

It ig estimated that over a million
dollars annually is spent for various
remedies for relieving piles. Yet any
druggist will tell you that soothing,
cooling, astringent Peterson’s Ojnt-
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minutes. $5c a box. 60c in tube with
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brings prompt, joyful relief from fteh-
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Try to keep it from going into
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Famous K & K formula aids in
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relief. Take according to direc-
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K & K is sold with the guaran-
tee that if you don’t get quick

-TURNIPSEED

UN Coune

(Continued From Page).

62 years old and has bee
sador in Washington si
November. i
His authority to speal
government was questio
Soviet Delegate Andrei A
yko in March, when the
case first came up in Ne
but the Iranian governm
firmed his credentials.
Since then he has been
“traitor” by the premier
separatist governmnet o
baijan, denounced sever
by the Iranian director off
ganda as expressing vic)
trary to government polid
called to task by the pres
the security council for gif
council an unauthorized
Alexandre Parodi, pres
the council, declared at §
session that Ala’s letter §
council Monday “came
specific orders of the govaé
and was-shortly aflterwarg
tradicted by that governngae
Ala reported that hisiee
had been ‘correct.” He fe
had “put forward the reQgigay
with all my respect bef@ians
council.” 104 te

Norton Endors#@
Ellis’ Campy

Alabama educators werd
yesterday to support Lig
Handy Ellis in the June 49am
natorial runoff because §&
“tremendous stake” the
have in the election of
‘executive.

The appeal came in af
from State Supt. FE. B. Noi
“friends of education
mailed, Norton said, to @
leaders throughout the stig

The letter held up FIlig@yygie
“recognized leader in educg
progress” whose legislativgie
ord “reveals not one ii
wherein he failed to ch:
the cause of education.”

It described Ellis’ op
James E. (Big Jim) Folsom
ever, as “untried, inexpere
and by his own confessic
prepared for the office,” a
ence to a board of advisei
som purportedly has agr@
set up if elected.’

The Cullman insurances
declared last night, h
that no one else would 1
office for him and that “I
the governor.”

relief—vou get quick — your

As for education’s “sta
the outcome of the June +
Dr. Norton termed the
the “largest and most imp
single enterprise” in the
but “absolutely dependent
the action of the lIegislatu:
the governor,”

“Blundering managemel
costly tinkering by an ine
enced executive,’ he ass
“can undo the steady p
'of 30 years.”

Are An ey

Os

| Exams

Paussino #rancmseo Per an e «
made Spat an armed camp |
llo@ing ail Getzéns to
pons to defend the country |
ins® an attack by Russia,”
Giral, premier of the exiled)

‘ish* Republican government, ;

tains Taster than it Gome ‘ott,
inep. Albert Thomas (D), Texas, told the
bear | detail.
| Chairman Sheppard (D), Cali-@—~--  --— -—-—
| fornia, of the appropriations sub-

committee which wrote the bill

; pee * discussio ‘robrated him
‘told a United Nations sub- | Under BISCLsSE fs Mc dadad
iikee investigating the Fa-| but gave even less detail.

st

igen, a
u@ elaborate on his |
cncCW™ Russia beyond say- |

vo months ago the Franco | committee

ne decreed that every’ citizen

The navy said absolutely noth-
ing.

Thomas, a member of the sub-
which heard _ testi-
mony from high naval officers in

' arm himself ‘to defend the| secret for weeks before it turned

cland against an attack by
bag’, 3:

iS impossible to set the
nilitary strength of Spain/|
2 the whole population is en- |

under law, to be armed.” |
on earlier report to the com- |

out the bill,woudn’t even answer

view of this order, Giral said | the questions of reporters who
pres- | suggested that something like a

death ray or germ warfare might
be involved, eae ae
The newsmen took their. cue

*, the republican leader put, from one tip which Thomas did
med strength of the country let out—an. indication that the
3,900, .which he: termed far} Navy's Bureau ~of- Medicine and
cess of the requirements of ; Surgery, headed by Vice Admiral

ceful foreign policy and of a, Ross T, McIntire, iad

1y Structure for ‘a state.”
er a 2-1-2 hour barrage of
ions from the’ five commit-
-nembers, Giral was asked to
' at another public session
pm, (EDT) Monday.
al’s testimony concerning
ment of the forces differed
ly with views expressed to
ommittee in a United States
ament memorandum. The
said the forces “at present
' to lack the material and
‘d personnel to fight a mod-
ar’?
exiled premier declared,
rer, that Spanish arms fac-
had been modernized and
4 production levels

hy

i asnce of Nazi tech-
3, adding:
© Whole of the ‘production
en enlarged and new plants
which are now producing

/4es, tanks, machine guns,
ind cannons in large quan-

| also contended that Franco |

‘arn to Page 3, Col. 6)

erne Voters
n Alabama

ment. “A man going into

gets the best bookkeep-
echanics and other work-
needs to run his business

and that is what l.am
‘0 do for the state,” the
it. promised. Again, as he
Jnion Springs and Dothan,
emphasized the educa-
ighway and. pension pro-
Here he promised that he
do all he could to get
ligible‘ person a pension
a month. Earlier in the
nm in Andalusia he said

with the developmen
Despite the de

revelation took lay away
from mor general sion and
the Hays \proee swiftly to
Pre of the $4,-

6 priations mea-
t wentAto the;Senate on a
Vv : ne tot’ the mea-

the navy

rear b ng July 1, is
only} $59,000 a the appropria-
tions committed fikure, The extra
funds were iven the secretary’s
office for rhyKeellaneous expenses,

An expectad fight bogged down
when Sheirman Vinson (D),
Georfid f the naval committee
annoumced abandonment of plans
to offer amendmentsto increase
the amounts recommended for the
Service by the appropriations
committee,

Vinson made his announcement
afier appropriations committee-
men emphasized that there are
no plans to junk 114 ships unless
a Navy review board determines

that they are not necessary for |

the fleet. we Mi

The big row had been expected
over the appropriations commit-
tee’s action in cutting to 965 the
number of fighting ships to be

maintained. The naval group had

recommended 1,079.

Funds for navy scientific re-
search wemre under discussion
when Thomas startled the House
with the declartion:

“We have something for more
deadly than the atomic bomb to-
day—not tomorrow—and, further-
more,, it’s in usable shape.” asked
by reporters later if the weapon

‘is in the nature of a death ray,

Thomas’ only reply was, “I guess
I’ve said too much already.”
Kinviable Position
Sheppard, even more close-
mouthed, at first would tell re-
porters only that “this nation is
in possession of scientific factors
which place it

es sailing g ¥ a

House about it with no

Sparks Refuses
To Halt Pair’s
Date WithChair

Examination ShowsBoth
NegroesSane;Flanigan,
Mincey Deaths Delayed

-Two Negroes pronounced sane

by State psychiatrists, lost their 6

fight to escape the electric chair
yesterday, but a third condemned

man won a 30-day reprieve only |’
'a few hours before

he was sched-
uled to die. ra
Gov. Chauncey Sparks refused
to interfere with the court sen-
tences passed on Lester Wingard,
of Montgomery County, and Fred
Hicks, of Hale, and ordered them
electrocuted at Kilby Prison
Shortly after midnight. ga
The governor previously had
granted them 30-day stays of
execution to determine their
mental conditions after attorneys
for Wingard declared at a
clemency hearing that the Ne-
gro was out of his mind as a re-
sult of a blow on the head when
he killed Herbert Athey, aged
white man, at Ramer, Ala.
Wingard, the attorneys argued,
had suffered a fractured skull

several years before and it was’

in the vegion of the former
wound that he was struck by a
deputy sheriff shortly before
Athey was waylaid and_ killed
with a club. The Negro pro-
fessed to remember nothing
about the slaving. Hicks, con-
victed of killing an old Negro

woman, was not represented by |

counsel] at his clemency hearing,
but appeared to be unable to
comprehend the full meaning of
the penalty the court decreed for
him.

Gov. Sparks reprieved both of
them and ordered psychiatrists
at the Alabama State “ Hospitals
to examine tH® Negroes. His de-
cision yesterday was based on the
Sanity report.

Shortly before he signed death
warrants for the Negroes, the
governor issued a stay ‘of: execu-
tion for Ben Flanigan, former
Decatur, Ala., shipyard worker
who was one of two men con-
victed of slaying Lee Shafer in a
robbery in Decatur in 1944. The
other defendant, Almon Stutts,
got off with life imprisonment.
Stutts later escaped from Kilby

(Turn to Page 3, Col, 4)

‘

‘master in the Montgomery rail-

i had been advised by the first as-
i sistant

iid 4 MA it
, Dloye

O my
exemot
' Brothe
| unde:
at | month;
| tions.

Com)
the tix
depots
hotel}
immedi
food ra:

Mee Ro? TNT ee
road yards, said last night that |
L. & N. Passenger Train No. 4, |
scheduled: to depart for Cincin-
nati, Ohio, and St. Louis, Mo.,
6:50 p.m., left here with a full
crew “approximately on time.”

Passenger ticket agents were
selling tickets for the L. & N.
Passenger Train, scheduled to de-
part at 10:33 p.m., which runs

from Cincinnati, Ohio, through
Montgomery, to New Orleans, New
M. D, Black, district superin- | out-of-t
tendent of the Atlantic Coast Line | without
Railroad, late Jast night said yard | homes ;
crews stopped work at 4 p.m., and! ive out

{that a passengemtrain scheduled | sands

to leave for Jacksonville Fla., at, were s|
25 prm., was still standing on | termina)
the tracks in the yards here, wait-; The
ing for part of the crew. moved «
“We will call the crews, but we | tion fo
don’t know whether they will re- nounced
port,” Mr. Black said. j tions, u

The same was true of freight! nol’ ap.
crews, Mr. Black continued, add- emerres
ing that a freight train, due to de- | moedicin
part at 9 p.m., had not moved. | priority

Trains on the lines of Central | KA dom
of Georgia and Western Railway | ie -
of Alabama also were not moving. | cen

One railroad official pointed _ a
out that the nationwide strike |p naries
involves engineers, flagmen,| oy eS
brakemen, train baggagemasters joe
and dining car ‘stewards, but | (EST)
does not involve conductors and! Hise ae
firemen. gS ah

Between 500 and 600 railroad! Patalyzu

workers attended a special meet-| Western

ing at the City Hall here at ya Pe
o'clock last night. No informa-) eS 0

p rier to
t as released to the press. |!
hina! d Pp ' bound

The/ railroad strike will not! Saris
interfere with: transportation of;’ *Y Sod
Southeastern League baseball! min i
clubs. All of the teams have thei; | 10s An:
own buses. | opp let

Roy Nolen, Montgomery posi- | re ss is
master, and all other postmasters | daily: #

in | Kansas
ileave th
lon Si
fand the «
'be halts:

postmaster general
Washington, D. C., to place an
embargo on acceptance of all first
class mails as of 4 p.m. Thurs-
day, when the strike was ordered.
Letter mails will be accepted up | strike v

to one pound, and airmail willi hour aft:
go first. Regular mail will be) railroad

placed on planes as long as space | Mackenz::
permits, for the duration of the | compleic
strike. Brotherh«
if (Turn

Last Minute Scores |

r
Repu!
|
|
New Orleans 000 300 000—3 8B 1! Jap
ALIAMta occ. 022 300 O00x-——7 11 0! &
, Danna, Perkins and Carroia; |
Thompson and Ulisney. |
“20 |

pee tue 200 000 000-—-2 3 1
Midkiff, |

SOUTHERN LEAGUE

eee

Chareha!
Des

Birmingham
Fontaine, Pfund and Edwards;
Walsh, Meteki and Andrews.

1

ee |
000 000 000-0 7 4) eee
102 000 40x-—7 10 a} Washing
and Chozen; Aloma , congressio
se a Pearl Hari
day amid

Memphis

Chattanooga .....
Crowson, Hardee

and Radakovich.

coe eenes

Little Rock af Nashville (ppd., rain)
? ~ icans that

‘ld work to get $50 .pen- - en apd
n outlining his education
1 Folsom said state col-
e sed to be free to
al ‘and girls and that
ls aQMInistration is ended
il be free. “Right now,”
continued, “It takes a

| came to th
j of gaps.”

i This co
i voiced by

‘ Maine, ait:
lof the jo.
| mittee bat

position.”

British Lean Geis
Votes From South

‘Undercover Agents’ Slander

~ Elhs’ Record, Candidate Says

‘TUSCUMBIA, ALA., May 23.—|.. * for comparable services ren-

that State
iM to send a boy or girl Boykin ' Favors Getting (P)—Lt. Gov. Handy Ellis as- dered,” searched f
college, ; , ? serted tonight that “undercover In answering the second! 1,500 mess
here and at Andalusia American-Built Bases vackers” of his gubernatorial op- iii ; ented | President
said if his program. is o ponent, James FE. Folsom, are/¢charge, Ellis said he accepted | a0 ister (

qut Alabama will reap
benefits, more manufac-

WASHINGTON Mav 22,—(/P)— planning to flood the state with | “occasional emplovment in the! *

We eh CORRS ey wt iad Atha tta ee oe | On 2 ae eo UR
eheaew VY P* T” ew fhe ee OA GY bn i ee r the examination as thorough,
; / exacting but said no formal clas,
617 Highland Ave. Phene 3-1334 room studies will be neccessary ass

a pre-requisite for taking it, He | ¥ate
said the following schedule of] iat “
tests has been arranged: nee

; Be
: Birmingham (both white and lene
Negro) June 12-13; Mobile (white ao eS
JOHN S HODGSON Gr CO ; ;and’ Negro) June 12-18: Auburn Whe
: ° (white) June 7-8; University of} !™ red
, Alabama (white) June 7-8: State| Covere

General Contractors Teachers College at Montgomery | S¥rance, A

sed
(Negro) June 7-8. Riches

Congress,

; i
Baker Appointed - needed hosp

W. L. Baker of Talladega has| Dation, and'

NS '
} LT: COL. EDWARD J. BLOCH been appointed a member of the| Work hand-int

Announce The Appointment Of

board of trustees of the Alabama] /0US voluntar'

: : rogre IrcReg
Institute for the Deaf and Blind | PPOs? 2 m
n) _AS CONSTRUCTION MANAGER to succeed Otis R. Burton, the]. his disc
. governor’s office announced. sid 3
Col. Bloch has recently returned from active duty Burton resigned this weck to Moy a ipa 2 Be
C, with the Corps of Engineers. He served with the accept an appointment as Talla- the general ‘pur
Manhattan (Atomic Bomb) Project where he was dega County Tax Collector. aresed ee
~;. J. cited for his excellent worl in the design and con- the hearing by counsel, but ap- eo 4 Bar et
‘ * peared not to compreHend tho pied, by be
SS _ Struction of the Town of Oak Ridge, Tennessee. punishment the court had de.| lature in 1945
' “A creed. Gov. Sparks gave both meeung the medic
We are pleased to have the services of this out- Negroes 30-day reprieves and |* E “Powell Lee. .
; ' : |ordered them examined by psy- retary of the Gs
. Standing engineer for the benefit of our clients, chiatrists to determine whether| Tetary o re C6

: USO, was introdu(
: they were sane. member of the elu
The governor has not an- local Rotary membx
; nounced the results of the exam- Guests introdufit
eK ee inations, but his office said he George C. Denman,
. 1227-28-29 Bell Bldq. ~ bs Montgomery, Ala. _| would make known his decision EB... Creel Alber
ix : ae | tomorrow, probably at the same! +%_.~: ,

te Major, Birminghan
\time he announces the fate of Moses Wau Orlenn i

Flanigan. Hester and De Blow:

a : W| In the District Court of the United States | both of Montgonier:
M ARE YOU HAVING YOUR N | for the Northern Division of the Middle

|| District of Alabama. Whereas 4 Libel of

- JOHN S

Le errsyy

2%

A | Information has been filed in this Court

* ‘ . Hj by the United States of America agninst |
i a, } : : | 103 CASES, more or less, each contain- |
bee, ie : Hj ing 32 one-lb. cartons, in quarter-pound

m | prints, BUTTER.

J = Te Dice shipping case) “90 Score 32 Ibs,
. ‘ # | Net Quarters’. Al: following odes:
Serviced By Competent aa 0 2poad," “67 20644". oreo op944"

‘68 2D644", (Carton) “One Pound Net

° ° 4 | weight Swift's Brookfield Butter, Distrib-
Workmen At A Fair Price? Ho uted by Swift & Company~-General Of-

Toe, OTN
SBS Sir

nuscun

| fice—-Chicago, Ill... .”, (Wrapper) “4, oz.
Net Weight Swift's Brookfield Butter ote x?
now in possession of Swift and Compzny,

IMMEDIATE SERVICE P| ferdetaton Seated Baer

forfelture of said but-

“ Q UALITY WORKMANSHIP ij ana ‘causes allegeae iat?s, fo" the reagons

is hereby given as required by law, that
all persons claiming the Same or any

‘ | interest in the same, or knowing or Havy- {
| We say car service is like a life preserver when you are fil tngenned iy the; same should United .
# on a ship—you hope you'll never need it. But if you do q | States, according to the prayer of $aid BES WCE MISS

f ) | libel, file their claim for said butter, or
fy you want a good one. YOUR CAR should be GIVEN @ Ff} make their objection to said libel, hag
4s ¢

, | Serve a copy of same upon E. Burns
eck-up regularly, #| Parker, United States Attorney for ‘the
. 3 Fend WwW le d Paint; | Middle District of Alabama, whose inail
by H | address is Lock Drawer 197, Montgoniery
wry | : : 9 Ys ender WF an ainting ‘ #1, Alabama, by June 14, 1946, if the same

j B; be a day of jurisdiction, otherwise,| on
by mj the next day of jurisdiction thereafter,
: Walter Bragg Smith, United States yee

i ue
Be WEATHE!
Have a home con!
the long run, as our blirg
slats that you do not u:
plant-——-blind models to ‘
(Prompt service on re-co:|
Let us do your wea
4 We will save you money

BENTLEY

WEATHE!

shal,

morte GRAYS OINTMENT

FOR YOUR SKI
* Extra soothing and comfor ing |
to externally caused itching, ré sh, | ff
tetter, pimples, ' irritations, mihor #
burns, cuts, sprains and bruises, | f
Contains wholesome and sooth ng if
pine tar, 35¢ at all drug stores, |

i: “NO JOB TOO LARGE OR TOO SMALL”

Re ROT

31 9 Molton

ey ¥ n BY vat

102


K .

THE MONTGOME

RY ADVERT].

~£

For South

wersity Body

=
«
;

¥

ae

ials as: (1) proper educa-
2) adequate health pro-
(3) increased industry; (4)
ment. of agriculture and
ing of steps to keep it con-
ary; (5) a program of pub-
<s—which would give the
‘{lequate schools, university
highways, etc.; (6) to sell
mtialities of the South to
'e and increase and foster
rade; (7) a re-evaluation
yvernment at all levels.

rnall said he was person-
‘}ippy about the South and
; people would become
id demand better things.
, Subject of government,
1ere was a need for con-
ige in order that the di-
f government could be
step” with the will and
¢ the people.

edicine, but declared he
he people of ‘the South
- Willing to “do what it
sure good health.” He
‘ded the medical profes-
lead the way ‘with the
t’s cooperation®’

: a McDonnell

In Birmingham

‘nnell McDonnell, 66,

day in Birmingham

f illness.

e war he was asso-
the Smaller War

, and since the war’s.

®,

|
ROBAT SHOES

'LANCED

“RUCTION

Rail Service

at Union Station to handle troop
and hospital trains.

Washington — Spotty, almost
impromptu train service con-
tinued last night for the West
and Northwest out of the nation’s
capital, but the city was almost
complétely cut off. from the
South. The only south-bound

Line and a station official.said
“we expect it.to peter out some-
where around Richmond.”
Dallas—One railroad official,
who declined to be quoted, said
an agreement had been reached

ewed proposals for so-.

‘trains to terminals

Ad-Less Papers |

BIRMINGHAM, ALA., May
23.—(#)—-The afternoon News
‘and the morning Age-Herald,

jointly owned Birmingham
papers, announced tonight
hey were being forced to

eliminate all advertising, with
two minor exceptions, because
the coal and rail strikes have
tied up newsprint deliveries.
'" A Page 1 box in The Age-
Herald said the two papers
had sufficient newsprint on
hand to publish ad-less papers
for about four weeks, and
that no deliveries of news-
print were expected for at
least 1 days after the rail
strike ends, ~ eer

“All advertising must be
omitted, with.the sole excep-
tion of death and funeral an-
nouncements and of legal no-
tices, previously inserted and
which require additional in-
Sertions to comply with the
law,” the announcement said.

The papers said the “ads
must go for the-time being,
with the news given the
‘right-af-way.” They added
that newsprint on hand rep-
resented only a 10 to 12 days
supply at the rate of consump-
tion prevailing during the first
three weeks of this month.

| by the railroads to run one train

every 24 hours from each metro-
politan center. He

St. Louis—Cancellation of at
least eight passenger trains fol-
lowed passage of the strike dead-
line. Donald V. Fraser, president
of the Missouri - Kansas - Texas
road said “whenever crews are
available and willing to go out
we will run trains.” The Mis-
souri Pacific said it would use
qualified road officials if neces-
sary to bring already started
but wuold
start no new ones.

train was on the Atlantic Coast!

Sparks Refuses

(Continued From. Page 1)
with 10 other prisoners and has}
not been recaptured.
State Senator Jim Smith an
Arthur Shaw, of Colbert County,
Flanigan’s: attorneys, told the
governor at a clemency hearing
this morning it would “not be
justice” for one man to die for
the Shafer slaying and the other
to live.

Smith contended Stutts was
“the brains” of the robbery of
Shafer, also a shipyard worker,
but he blamed “intense feeling”
at Decatur at the time of Flani-
gan’s trial for the death verdict.

“The people realize now, how-
ever, that they made a mistake,”

he told the governor.
Sparks agreed to spare Flani-
gan’s life until June 28 to per-
mit the attorneys, if they can. to
get petitions for mercy from De-
catur residents, and especially
from members of the trial jury.
The chief executive also grant-
ed a three-week reprieve today
to Lodies Joe Mincey, Troy, Ala.
Negro under death sentence for
the slaying of Jimmy John Han-
sen, a white man. Mincey was
scheduled to die May 31, but
Sparks leaves tomorrow for a
conference of governors jin Okla-
homa and will not be back in time
for a clemency hearing next
week,
‘ His execution was
until June 14.

Florala Mother Gets

Son’s Silver Star

FLORALA, ALA., May 23.—
Mrs. Hazel Mathis has received
from the War Department the
news that her son, Corpora] Alli-
son R. Yates, has been _ post-
humously awarded the. Silver Star
with one Oak Leaf Cluster. Cor-
poral Yates lost his life in May,
1945, in action against the Japs.

The citation for the award of
the Silver Star, an award made
for gallant service, reads “For
fallantry in action on 6 August,
1944. When two platoons of the
infantry company which he was
serving as aid. man were pinned
down by heavy enemy fire. Cor-

postponed

poral Yates voluntarily and_
with utter disregard for his own |
safety crawled across open!

ground to administer aid to a)
seriously woundéd fellow soldier. |
Although wounded jn the shoul-

der as he moved forward, he
continued on to. his comrade
without faltering and adminis-

Baltimore—a joint committee
of railroad brotherhoods said a
continuous meeting .would “be.
held all night.” An indication of
spreading industrial disruption
was seen in the announcement of
the Sparrows Point. plant of
Bethlehem Steel Company ‘that
19,000 workers would be laid off
immediately as a: result of rail
and coal tieups. The plant is the
largest of its type ‘on the eastern

ceahoard.

( i
|

EOS

4a vice president.

Montgomery Fi
Evergreen Syr

an yitnctgitimctieiaipseiininany Te

FVERGREEN, ALA’

;—O. C. McGehee hpeneres °%

thee
€ 4

ae .

syrup mill to
Georgia. Syrup
Montgomery, Ala. Th
mill and: has an outy. ,
gallons every twenty}
McGehee states tha:
pany will be in posit '
the farmers better s);
he because he could ii
all of his time to opp 9. »?* |
mill. The Alabateee «7
Syrup Company will }... /
mill all during the
season. They plan
cane by the ton at tl
will give the farmers
ket for their cane
County farmers ar@
plant more sugar ce
ready cash market.
The mill is locat
Street and is in a g@
for all Conecuh Cour

Miss Dunn Ele

BUFFALO, N. Y.,
—lLeonard W. Meyor
school of applied
Western Reserve
Cleveland, was re-el@
dent of the Child We
of America tonight.

Other officers chogeye
group's annual meetif
conjunction with thé
conference of social y
Loula Dunn, Montg

Sh

tered aid to him.

flects great credit
poral Yates and exe
highest traditions of


that Ethriam would catch a company train that was scheduled
to leave. A group of men boarded the train; and, sure enough,
just as the train got to-Mulberry Church, the negro flagged it.
Of course, they were happy to oblige. Just as Ethriam started to
get on, he was grabbed and marched unceremoniously back to
the commissary and Jim Arnold. Jim positively identified him
as the man who attacked him. The posse searched Ethriam but
failed to find the money. However, the accused was covered in
blood, which convinced the men further that they had the
guilty man.

Elijah Arnold, Jim’s brother, told the negro in no uncertain
terms, “Negro, you had better tell us the truth, or we will hang
your tail right here and now!” Ethriam must have believed him
because he stuck out his left foot and said, “You didn’t search
far enough.” Sure enough, there were three $20 bills in
Ethriam’s sock, one of them being a gold certificate.

Besides running the commissary for Kaul Lumber Company,
Pat Dilts was a commissioned deputy in case there was trouble
at Kaul Camp. He promptly placed Ethriam under arrest and
carried him to the Bibb County Jail.

Ethriam High should have considered himself lucky to be in-
carcerated in the county jail. The more the mob of men around
Kaul Camp drank and talked, the madder they got. Jim Arnold
was well thought of, and he was especially known for his conge-
niality toward his neighbors. The idea of anyone hurting him
was unthinkable. The fact that Ethriam was black did not help
either, for this was before the Civil Rights Movement. To this
day, there are no black people living around Pondville where
Kaul Camp was located.

A special Grand Jury for Bibb County was called to hear the
evidence against Ethriam one week after the attack on Jim
Arnold. Ethriam was charged with assault with intent to mur-
der and highway robbery. The attack and robbery happened the
first week of August, Ethriam was indicted the second week,
and stood trial before a jury the last week of August, 1921. “WE
THE JURY, FIND THE DEFENDANT GUILTY AS
CHARGED IN THE INDICTMENT AND FIX HIS PUNISH-
MENT AT DEATH” These were the words of the jury after they
heard the evidence against Ethriam High.

Before the taking of testimony in the case, Ethriam had ap-

68

proached the Judge's stand and informed him that he wanted to
plead guilty and ask the mercy of the court. However, Judge
Hobbs, who presided over the Fourth Judicial District, ap-
pointed counsel due to the brutal, premeditated nature of the
crime.

When Ethriam was arrested, he gave evidence incriminating
his accomplice. He put the blame for the attack on James
Booker. It was James, Ethriam said, who planned the attack
but did not have the nerve to carry out the gruesome chore him-
self, instead acting as the lookout. This fit in with Jim Arnold’s
testimony, that he had heard the two men whistle to each other
as he lay bleeding. What or who was James looking out for? the
owls and approaching darkness? He had an evil mind but no
backbone to back it.

James Booker was tried for assault and robbery by another
jury immediately after Ethriam was found guilty. For some rea-
son, the jury could not agree on just what role James had played
in the crime. The prosecution planned to try him again, using
Ethriam asa witness. Ethriam was not hanged until the follow-
ing year on September 1, 1922. James, with the help of his fam-
ily in Bessemer, obtained counsel that kept him from being
tried again.

Before his death, Ethriam made a statement to a representa-
tive of The Centreville Press in which he admitted that he was ©
guilty and was ready to pay the penalty. He said his trouble
began with his association with a bad buddy who induced him
to commit the crime. From the start, after he was arrested,
Ethriam said that James instigated the robbery and attack on
Jim Arnold.

Legal maneuvering kept Ethriam from hanging for a year.
His lawyers filed an appeal with the Alabama Supreme Court.
The court affirmed the findings of the lower court. Ethriam’s

_ lawyers then made an application for pardon from the Gover-

nor. Governor Kilby gave the condemned man two weeks res-
pite during which time the case would be reviewed. After the
two weeks, however, the Governor notified court officials that
the jury’s finding would not be overturned.

Ethriam stated that he had received a fair trial, that he was
guilty, that he had no hard feelings against anyone, and that he
had made his peace with God. A few minutes before 12, he

69

' CHAPTER EIGHT

The Lust for Money

Pris example of law breaking came to
the surface again in 1921 when a negro by the name of Ethriam
High was hanged in the Centreville Jail. Ethriam was working
for Kaul Lumber Company, a dynasty lumber company that
had come from Talladega County to Tuscaloosa, Bibb and Hale
Counties. That is, Kaul cut timber in these three counties to
make lumber for the vast outlets it had in the South.

To begin with, in 1910 Kaul shipped 42 horse teams of Nor-
man horses to Hagler, Alabama, located in the southern part of
Tuscaloosa County. These horses were the same breed that you
see featured in the Budweiser beer advertisements. They weigh
from 1,200 to 2,000 pounds each. Ralph Green, who moved to
Bibb County with his father, who also worked for Kaul, stated
that he had seen “wild and wooley” shipments of these horses
coming from out West and that some of them had to be shot
because they were so wild. These horses were caught on the
wild plains of Arizona and sold cheap.

If and when the horses were finally broken, they were a doc-
ile, easy-to-handle horse that could be trained to carry a log
some distance without having a man escort them. They could
also be trained to pull the log to its proper destination where a
man would be waiting to unhitch the tongs that held the log in
place. There are legends and yarns about the horses unhitching
themselves, but someone always has to stretch the truth in
anything that is truthful in the first place.

After moving to Hagler, Kaul Lumber started cutting rail-
road ties to build a branch railroad that led into Bibb and Hale
Counties. They had to have a spur line railroad to transport the
huge logs that they planned to cut.

Tom Sailors moved to Hagler with 40 pairs of horses. He

64

2 Raras R I }
“rom “BLOODY BIBB" by V. Donald Elam -

hired more local people besides the crew of black and white men
that came from Talladega to do the logging.

These men drove the horses snaking logs after the log cutters
had felled the trees and cut them into proper lengths. The logs
were then loaded onto flat railroad cars on the Gulf, Mobile and
Ohio Railroad and shipped to Kaulton, the Kaul Lumber Com-
pany section of town where their sawmill and planer mill were
located. The sawmill consisted of a circular saw that sawed the
logs into their proper thickness, and the planer smoothed the
surface of the lumber so that it would not have splinters in its
sides so that it could be used for floors or walls of houses. Here
in this instance, the logs were cut into cross ties and shipped
back to where the railroad branched off two miles above Dun-
canville and headed in the general direction of Moundville.
Kaul then put down the railroad ties and put tracks on them,
thus making their own railroad to move logs out of Bibb and
Hale Counties to their mill at Kaulton.

Now, after Kaul built their own railroad, they “tapped” the
pine trees to get the resin, or a form of juice that is taken from
pine trees to make turpentine. A tap is when you cut into the
side of a tree and drain its juices out. As long as the resin would
run, the cup under the gap in the side of the tree was left intact,
for this was yet another way of getting money out of the timber.

The Kaul Company had been in business in this section of
the country for 11 years when it unknowingly hired 2 crooks to
help cut timber. Kaul had in its large crew of working men a
Jim Arnold, who was in his late forties. He filed the cross cut
saws that cut the trees down. This job required him to stay busy
all the time so as to have saws ready ahead of time for use. If
Jim got caught up in his regular job, he trimmed tree limbs and
helped get the logs ready for loading on the work train. On a
particular afternoon in August, 1921, Jim lost his billfold in a
pile of logs. He asked his nephew, Will Arnold, to have the crew
which he headed help search for the missing billfold. Will had
his crew move all the logs until they found Jim’s billfold, for in
this state of hard times, money was hard to come by. Jim had
$60 in his possession, three $20 bills, one of which was a gold
certificate. Unkniowingly, two negroes in the logging crew
looked with envy at the money Jim had.

Ethriam High and James Booker were the two young ne-
groes. They had come from Bessemer, Alabama, in July, 1921,

65

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and were hired by Kaul Lumber Company. Little is known
about either except, as later investigation revealed, Ethriam
had been arrested for burglary when he was younger. He served
part of his senténce in jail but was lucky enough to get his pun-
ishment cut short when his people paid off the remainder of his
fine. James had no criminal record as far as could be ascer-
tained.

The two men had worked for Kaul Lumber about two weeks
when the incident with Jim Arnold and his billfold occurred.
James, who evidently was the leader of the pair, motioned to
Ethriam. The two sat on a log fanning themselves with their
hats. James began to emphasize to Ethriam how much money
$60 really was. In 1921, this was a nice sum particularly to
working people. It was even more enticing to two men who evi-
dently had larceny in their hearts to begin with.

The men who drove the big Norman horses, or “log snakers,”
started to ride or lead their respective teams back to Kaul
Camp for the night. At camp, the horses would be the first to
receive food and water and be bedded down for the night. Jim,
the saw filer, had no horses so he started down the railroad to-
ward camp. Ethriam and James followed Jim at a discreet dis-
tance. Jim Arnold had lived and worked all his life in the woods
cutting timber, saw filing, or whatever needed to be done as far
as the processing of timber for commercial and domestic use
was concerned. He trusted everyone, he had no reason not to.
Life was hard; work hours were long and wages were meager.
From “can to can’t” was a popular expression in those days,
which meant you worked from daylight until you could not see.

Darkness was closing in on the tall, long-leaf pines as Jim
walked along. There was no way he could know, trusting soul
that he was, of the danger he was walking into. He thought he
heard a noise and looked back. He imagined that one of the ne-
groes behind him had shortened the distance between him and
the other negro. Jim walked a little faster, for night would soon
descend. In a few minutes, he hoped to see the light of camp and
smell the familiar odor of food cooking as the women prepared
supper for the men.

Ethriam breathed quietly so as not to alarm his victim as he
swiftly, stealthily narrowed the distance between himself and
Jim Arnold. All at once, he pounced on Jim with his pocket-
knife already opened. Ethriam pulled his prey backward; and,

66

holding him around the neck, stabbed Jim 17 times. Jim sank
to the ground as blood gushed from his wounds. Then the negro
released his hold, and Jim fell. Ethriam searched Jim, taking
his billfold that contained the $60 and his pocketknife. The as-
sailant listened for a couple of minutes to see if his victim
breathed. Jim tried not to make a sound lest his would-be mur-
derer finish his job. Ethriam, satisfied that Jim was dead, con-
tinued down the railroad. Momentarily, Jim heard his attacker
whistle and his companion, James Booker, answer with another
whistle.

Jim Arnold could feel his life leaving him as blood gushed
from his body. He had a fleeting glance at the negro that had
attacked him. Yes, he thought, it was High, one of the new
hands. He pushed himself up on his hands and knees, only to
black out. When he regained consciousness, he slowly, pain-
fully got to his feet. “I must, I must,’ he muttered to himself and
the twilight, for there was no one else to hear him.

Jim walked by sheer main strength, for he was weakening
fast. At last he saw a light coming from the window of the first
house in a long line of houses. Jim managed to bump on the
porch so as to attract the attention of the occupants inside be-
fore he fell backward, his strength flowing out of his body with
every gush of blood. Bibb County was getting bloodier by the
minute. It was later disclosed that Jim’s face had been cut open
from his ear to his mouth.

The house where Jim stopped belonged to Pat Brice. Vincent
(Red) Sailors, a nephew of Pat Brice’s, heard the noise Jim had
made on the porch. The family rushed out onto the porch to find
the victim in a pool of blood. All of the men in Kaul Camp were
putting up the horses and doing various chores that were re-
quired of them so that only the women were presently in the
camp. Therefore, Red Sailors ran down the railroad tracks to
the commissary where he found Pat Dilts and Mr. Brewster,

’ who ran the store, to come and help Jim Arnold. The three of

them carried Jim back to the commissary as fast as they could.

About the same time, the men from the horse lots started to
come back to camp. Somebody “fetched” the company doctor to
attend to Jim. There was no hospital available at this time, so
the doctor sewed Jim up on an old cot in the commissary. There
was consternation and disbelief from the men who returned to
camp; but, when they got their senses together, they reasoned

67


stepped over the trap door, the noose placed over his head, the
black cap adjusted, and Ethriam High’s body shot through the
opening in the platform.

Something was wrong with the rope or the way it was placed
around Ethriam’s neck, for his neck was not broken but he was
killed by strangulation. Ethriam took his execution in a
matter-of-fact way. He acted as if he felt that his punishment
was just. He did not whimper, cry nor beg. His only request was
that The Centreville Press containing a notice of his death be
mailed to his mother in Bessemer. His body was buried at the
expense of the county.

Ethriam was emaciated and thin; this no doubt accounted for
the fact that his neck was not broken in the drop through the
trap door to the end of the noose. When he struck the end of the
rope, he was evidently conscious and was plainly heard calling,
“God, have mercy on my soul!”

According to the Bible, God knows all things. We, of course,
believe the Bible. Yet we wonder, and Jim Arnold must have
also wondered, what purpose or reason could have been served
or fulfilled when a man, a stranger, crosses the path of another
man in a lonely wooded area and tries to, and almost succeeds,
in taking his life for a few measley dollars. From this example
and many more throughout history, one is inclined to believe
that man is born evil and that the lust for money will make the
’ worst come out in the best of men.

70

CHAPTER NINE

Crazy Like a Fox

\ V ill G. Oakley was in many ways peculiar.
There seems to be no question about this. Was he crazy? Well,
that depends on how you look at the situation that he got him-
self into on October 31, 1912.

Will was born in Ashby, which lies in the northern part of
Bibb County. He lost his father at an early age. He had one sis-
ter, Vivian, who was deaf and mute. After the death of his fa-
ther, Will’s mother married P. A. Woods, from Odenville, which
is in St. Clair County in the northeast corner of Alabama. Will
never responded to his new stepfather or tried to get close to
him.

Mrs. Woods said that her son was very temperamental as a
child. One time when he was young, he stubbed his toe while he
was out in the woods. He came home, got an axe and went back
to where he had his mishap and chopped the root out of the
ground. He brought it home and burned it in the fireplace,
never taking his eyes off the root until it was completely disin-
tegrated. When Will made up his mind to do something, noth-

ing could stop him.

Will attended Bibb County High School in Centreville and
boarded with Professor J. C. Hicks. Will proved to be very pecu-
liar in more ways than one. Professor Hicks’ encounters with
his peculiarities will be recounted later in the story.

Will’s mother died when he and Vivian were in their teens.
The house and land were to be divided between the three survi-
vors. For some reason, Will wanted his stepfather to vacate the
house. It was rumored that he thought P. A. did not treat his
afflicted sister as he thought she should be treated and that this
was why he did not like his stepfather.

71


HILL, Walter, black, electrocuted ALSP (Jefferson), May 2, 1997.

“Atmore-Walter Hill gave his niece a nod of recognition, then the 62-year-old inmate went
to his death in Alabama’s electric chair without a spoken farewell, ending 20 years on death row
for a triple slaying. ‘I love you,’ niece Johnnie Mae Woods said, waving at Hill through a glass
window at Holman Prison.

“Hill was executed at 12:05 a.m. (CDT) for killing three people in Bessemer in 1977 over
a blocked attempt to marry a 13-year-old girl. He was 42 at the time and had been out of prison
two years for kidnapping and two prior killings. Hill had no last words for Warden Charlie
Jones. He nodded at Mrs. Woods of Michigan, who gripped the right hand of Hill’s attorney, also
an execution witness.

“The death mask concealed Hill’s face. Big leather straps held his body down. ‘Oh,
Jesus, Lord have mercy,’ Mrs. Woods whispered as the 2,000 volts surged through the inmate.
The execution was completed without any delays. Leaving the prison, Mrs. Woods stopped in the
foggy darkness several times to look back at the quiet cellblocks...

“Hill was sentenced to die in 1980 for the triple slayings on January 7, 1977, in west
Jefferson County. Willie Mae Hammock, 60, of Mulga was shot to death after refusing
permission for Hill to wed her 13-year-old daughter, Toni Hammock. Mrs. Hammock’s step-
brother, John Tatum, Jr., 36 and Mr. Tatum’s wife, Lois Jeat Taturm, 34, also were slain. All
three were shot in the head.

“Hill had a long history of violence before the triple killing starting at age 17. He claimed
to be a native of Jamaica, but a presentencing report in his parole records gave his birthplace as
Midway, Ala. He was released from prison in 1961 after serving 10 years for second-degree
murder. In that case, he beat a man to death with a board. His claim to have been dishonorably
discharged from the Jamaican Army was also unsubstantiated in parole records. Hill had been in
and out of various prisons most of his entire life.

“Hill had been convicted in federal court of kidnapping and sentenced to another 14
years in prison, where he was convicted of murdering a fellow federal prisoner in Atlanta, He
was paroled in 1975, two years before the Bessemer killings.

“Hill’s first conviction was overturned because two potential jurors who said they did not
believe in capital punishment were excluded from the panel. Hill was convictred again and
sentenced to die...”-Advertiser, Montgomery, AL, 5/3/1997 (2B).

Five-time killer executed
for triple slaying in
Bessemer 20 years ago

By Garry Mitchell
Associated Press Writer

ATMORE — Walter Hill gave
his niece a nod of recognition, then
the 62-year-old inmate went to his
death in Alabama’s electric chair
without a spoken farewell, ending
20 years on death row for a triple
slaying.

“T love you,”
niece Johnnie
Mae Woods

said, waving at
Hill through a)
glass window
into the death
chamber at
Holman Prison.
Hill was exe-
i cuted at 12:05
; a.m. (CDT) Fri-
Walter Hill day for killing
three people in Bessemer in 1977
over a blocked attempt to marry a
13-year-old girl. He was 42 at the
time and had been out of prison
two years for kidnapping and two
prior killings. .

Hill had no last words for War-
den Charlie Jones. He nodded. at
Mrs. Woods of Michigan, who
gripped the right hand of Hill’s
attorney, also an execution wit-
ness.

The death mask concealed
Hill’s face. Big leather straps held
his body down.

“Oh Jesus, Lord have mercy,”
Mrs. Woods whispered as the 2,000
volts surged through the inmate.

The execution was completed
without any delays.

Leaving the prison, Mrs. Woods
stopped in the foggy darkness sev-

. eral times to look back at the quiet

cellblocks.

Attempts to locate the relatives
of Hill’s victims, who had a legal
right to witness the execution,
were unsuccessful, a spokeswom-
an for the Jefferson County district
attorney said Thursday.

Hill was sentenced to die in 1980
for the triple slayings on Jan. 7,
1977 in west Jefferson County.

Willie Mae Hammock, 60, of

Mulga was shot to death after

refusing permission for Hill to wed
her 13-year-old daughter, Toni
Hammock.

Miss Hammock’s stepbrother,.

John Tatum Jr., 36, and Tatum’s
wife, Loig Jean Tatum, 34, also
were slain. All three were shot in
the head.

Hill had a long history of vio-°
lence before the triple killing,

starting at age 17. He claimed to be
a native of Jamaica, but a presen-

. Condemned inmates executed in |
‘Alabama, and date of death, since
the state restored its capital pun-
ishment law two decades ago:

@ John Louis Evans Ill, April 22, 1983

|
Arthur L. Jones, March 20, 1986 |
|

e ©

Wayne Eugene Ritter, Aug. 28, |
1987

Michael Lindsey, May 26, 1989
Horace Dunkins, July 14, 1989
Herbert Richardson, Aug. 18, 1989
Arthur J. Julius, Nov. 17, 1989

Wallace Norrell Thomas, July 13, |
1990

Larry G. Heath, March 20, 1992

+Cornelius+ +Singleton+, Nov. |
20, 1992 |

Willie Clisby, April 28, 1995

Varnall Weeks, May 12, 1995
Edward Horsley, Feb. 16, 1996
Billy Wayne Waldrop, Jan. 10, 1997
Walter Hill, May 2, 1997

Source: Alabama Department of |
Corrections |

i
tencing report in his parole
records gave his birthplace as Mid-
way, Ala.

He was released from prison in
1961 after serving 10 years for sec-
ond-degree murder. In that case,
he beat a man to death with a
board.

His claim to have been dishon-
orably discharged from _ the.
Jamaican Army was also unsubs
stantiated in parole records. Hill
had been in and out of various pris-
ons most of his entire life.

Hill had been convicted in fed-
eral court of kidnapping and sen-
tenced to another 14 years in
prison, where he was convicted of
murdering a fellow federal prison-
er in Atlanta.

He was paroled in i975, two
years before the Bessemer
killings.

Hill’s ' first conviction in the
three slayings was overturned
because two potential jurors who
said they did not believe in capital
punishment were excluded from
the panel. Hill was convicted again
and sentenced to die. :

Hill was the 15th person execut-
ed in Alabama since 1983, when
the state resumed executions after
a break of more than a decade.

Alabama’s last execution was
Jan. 10. The next is set for June 6.

© © ee 6 6 ©

© ¢ eC 6

“ALE

and oetter stil to erink.

Scppesx change of the weutber will decline
gbe strvagest bedi'y beaith and moet :gurcus Court tu.
two wala fortified amint the catva pressure, The Red
Jo birt Semwh Bitrs will prodi.ce tue cetred result io
the m +6 agreeable manner, Try them aud be cup.
vince. fi8 ef

A Great Nupaxce—From the back en-
tracce tu Ue theatre toa distance of ferby yards east,
Pereene patre@iging the theatre Baye berg ia the law t
Bightly of committing puisances, which ought tu be
Stopped. and the Chef of Poimwe 3 determined tu abate
it. Families wo the street catuct sit oo their gatieries
acl «ojoy theoool of the evening oo thisaccecot, We
buw by authority give police that any voe caught com:
mitt.mg a nuisance om these premises will be arrested
and dealt with severely. A policeman will be pliced
there to watch, and we warn the public aganet it. We
bave loog known of this outrage on public dccency ; the
Chef of Police and the management deserve our thanks
for their eforts in trying to remedy the evil which
ebouic aver bave existed.

_ Pa Linen Pants from $2.to $3, at No. 5,
Bouth Roya) street, ap? lm*

Dears or ax Otp Actrevs.— We are pained
tolearn that Mra. Cauteld cicd yeaterday morning at
oee o'clock, after a long and painful illoces. Mrs. Cau-
Geld had been a resident of Wubile for nearly tweoty-
eght ‘years, and bat few seusvas passed that she was
pot grected upon the Mubile staga. She was a lady of
foe bistriunic taleu's, and aiways payed ber part cred-
itably, DO matter what she was cast in. She bas, dur.
ing ber loog residence here, made a host of friends.
Bbe has also raived quite a large fam:ly of chilires,
pome of whum have become disticg sished om the stage,
Mre. Caufield was a good woman, a devoted mother and
opright citizea, and we hope her descendants w!: fellow
ber exemplary cooduct jn all things, Meqguicscat in
pace. .

A sap breath mostly arises from an un-
healthy contition of the digestive organs, for which take
the Red Jacket Somach Bittcrs as per directions oa each
bottle. Indigestiva will be semoved, a bealthy appetite

qill be produced, and consequeatly a sweet breath.
fe2s wf

Gore Away.—Our old friend, J W. Hatch-
faece, leaves to-day at 12 o'clock on the steamer Hays,
for New York. 8 te his intention to remaia there some
91x monthe—deriag which time be will estad:ish facto-
ries for his most excelieot bitters aod his new pateat
cotton prees. We peed say nothing of his bitters; they
are lise himself, Grstrate ; but bis plan for « :»mprensing
evitos ato barrels 3 one of the simplest aus most im.
portant to the cottom carrying trade, and we have no
doubt will prodace a revolution ia cotton freights,

Wherever the Doctor may go be has our beet wishes,
aad above bis success in bis enterprises we bope be wii!
eejy bimsef and retura sevigorated in bealih next
fall,

The Execution.

A XBGRO HUNG POR THE MCRDER OF A WATE BOY.

The aegru Heary, wbu murdered young Mulvey, was
@iecuted yesterday,

Oar reesery willow doubt remember the curcumstun-
os of the murder, bet im order to enable othors who
may uct bave read our repert. to understand tie mat
ter, we will give a short synopses of the case,

Tue negro tleary bad swien a gto from young Mul
wey, and usou tle latter ask.og b:m for the mouey had
Sold b.un to come ost te bis house, woen be would give
wtobim. The white boy folwwed Lim. When they
peached @ quiet aad solitary neighborhood oa the roa!,
beyond Tiree Mile Creek, the segro murdered the youth
whe accompanied his,

From the stat a of the 4 at the time, to

aber colored po ple, it appears that be fires strock bim
down with tome weepva not produced, aed thee pushed
erbat be suppose! to be the body mio a water hele, Be
ten ieft te nd suepcthing le throw ca up of hig vic.

ee rs -

apd put inte an ord.wwary woeden cotin abd tranelerred
tethee istly of the e:ty sexton,
Sih the end of a murderer of only bitees Youre
who murders d a boy of thirteen,

Mayor's Court.
Faupay, April 20.--Councilman John Har-

te’, prewid.ug.

John Stu.th, for de:ving too fast, was reqi.red by puy
ative of $10,

James Riley was charged by Ann Hinde with disor
deriy conduct. As ADD was reported tu be in the guard
bose, laboring under the .ptuenes of iptexat.ng hs
quors, the case was postponed

C. VW. Lindsay acd Mice Roach were charg! with hay
ing robbed passengers on the mail boat, They were
brought to town 19 iroas, No pro was offered aganet
them, and the case was dismissed. The accused, how
ever, are required to give a $100 boud each fur guud be
bavior,

The case of C. L. Perry was sgaia called op. Mrv,
Perry appeared in court this moruiug. Mbe stated that
her husband bad left ber seven years ago, and bad only
written to her wnce since, Tle cvurt fined the accused
$50 for breaking ia his wife's Jour, and required bin
to give a $500 bood for his future goud behavior,

The conrt adjourved, ‘

Sopa Warrn.—A soda water ‘establishment

is offered fur sale. Bre advertisement,

Prem Yesterday’s Kvening Edition.

ane s
Corporation Proceedings.
BOARD OF ALDERMEN.

Misvtra: Bempsee, ’
Thureday ecveuing, April lv, 186, »
The Board of Akiermes met th.s evening.
Vresent—I'resideat Price, Aldermea Hedgett, Name.
Delchampe, Flanary, Grintell, Grady, Girard, Miller
Maguire, McDooak!, Overall, O'Cusell, Riley, Sanit.
Vautrot and Williaree—}7.
Abeset—A. Brooks, Hamilton, I.yons, Leiakaal, Mc-
Cleskey and Weems—é, a
The minutes of the last meeting were read and ag-

proved,
REPORTS OF OFFK ERA,

The report of the City Tax Collector fur 1865 shows the
receipt of $605 16; for 1666, 66,435 22.

The City Tax Assessor reports rece.pis ow accoust of
Dusiness licenses for 1866, $4 299 75,

Both the above reports were ordered Gied,

PAPERS FROW CONWON COTRGL

The§ Board concorred with tbe action of the Coescili
the report of the Joint Fire Committee ea the petition
of No, :

The B-ard concurred with the Couaci) with respect to
the following :

Report of Market Comm:ttee ca the petition of D.
Ray ford and others.

The report of the same Committee 08 petition of Chas.
A, Wevall.

Tue report of the same com .tlee 08 petitive of ¢:t,
zee of the Tstand 7th Wards,

Ta Board did not concur ia the action of the Commva
Counc! og the report of the Gas Light Computer, but
pe committed ib tu ascertaso the price uf g28 1D New uy.

Irene

Un mot:oa of Adermas Muller the Buard receded fron:
he previous tien oa the cummunt afiou of toe Cnty
Tax Collector and coocurred with the Coupe'l io referr.by
tte the City Altorvey.

Toe reavlution of Coupciman Jones, requesting the
Board of Alderman tu take up the Tax Ordinance, was
decided cut of urder by the Chui, and on an appeal be
jug tasea by Alderman Willams, the Chair was sustain
od by the fullow:ng vote.

Ayeo—Badgett, lane, Delchamps, Planary, Griosell,
Girard, Miller, Maguire, MvDouald, Rrerall, O'Cvaneil,
Riley, Vautrot—}3,

Noes—Grady, mith, Williame=3,

The resolution of Councilman McNeul, for the City

Beoopital, was comcurred wa.

Woy wake he web Ore tie tad ae ee oe!

Pretty a Lh: Gor rate eh ey
oe

President Roberts, of the Fenian bi

hood, isin Washizgton, He is open

condemnation of the movemnes.t on the

eastern frontier, as. according to his vi

wili not aid the cane of Irish indepes

Tt a lady yawns five times in suce
young man, you may get your hat.

e
Don't find fanle, frubsbiy yon hav
enough withont fisding any more.
oS
“Wood is the thsry after all,” as th
with a pine Jeg sard when 9 mad dog b |

"Bargains te Retail Veale

We Lave ms store, ex steamer ** Merced.t.,”

Lerge Coucigumrnt eof

FIRST-CLASS G00]

Sait.ble for DRY Garde WEN, FANCY an4
Deal Bias, JEWELERS and DR uel
We wiil cece out there G vis to Dealers by th
oF, rill sell the ontiz~ et oh 2 small advascce ow .
Inretie Trvces.
This 1 a rare chance Kur Country Deaiors, as
oleigpmests we do m4 intend (7 bold oe for 5
INNERARITY, eMITH 4

apt 3e OX. C mmerce and $9 XK, Fr:

BOOTS AND SHO!

au At Whelesale Only.

Large Nak and Full: Axwrty
Always ca hand os formeriy.

M. & STETSON & OC

1) &. Fra
nell

PHILLIP FRANI

CONFECTIONE:

cor. Dauphia and Claibernus og
Oppowite the Cathedral,

Whelesale and Retail Candy .
PACTORY.
LWAYS on band a large ecocrtment of. 23) |
Freech and Amevicen FANCY CANDIE
: eA

BSYRUPS for Boda, a'l kinda ef Saver,
CURD AIS, WINES. PR
Avd all orta of BWEATMEATY. bur whicis |
Suity elicit a share of the pun ¢ putremige,
ao Uide. 6 trom the country panctua:ly ater
mw.

Boarding Wanted.
RENTLEMAN and w:te drawe BUARI) a:
LNG waprivate tamity. Oall at or ada
DALLY TLiMES uF
west Fra
Liberal Advances
O Vv Ccth to cur Liverpool frieeds.
FOWLER, STANARD
23 St, Mw

Dissolution of Partnersh

The firm beretefore existieg ua.'er the styie
IGAN & SMITH, has been duseclved by mats
giace and trem the 24 day of April inet.

300 sacks Bran, $1 5/
oO" the Levees.

mya 38

war Ustad shed 18-40.

ayplb lee

meré lve

WOLPTR. PRICE.
coreer Oommerve and 34. bia


=—--- =

SATURDAY PAORNING...... APRIL 21

The TIMES Job Office,

$e prepared te do all) $242 of
Job, Card and Beek Werk.

J03

ALCTION BALES THIS Day.

M. Boutlemet - ells at 10 o'clock a. M, at Marston's Ware-
bou-e, 500 sacks eats, 200 do ecro, 1£0 do bran.
Woodrull & Parker sll at 10 u'clock A. M,attheir stores,

36 Cates cotton cards.
P West & Co. sell at 30 u'clock, at No. 8 Daupbie
ecreet, Fancy Staple (rouds, Groceries, Ac.
Woourcfl & Parker se!l at 10 o'clock A. M, at stores,
106 sacks corn.

oe
STEAMERS LEAVING TO-DAY

For New (ricace...., ; Frances ..... Spewe ses 13, PM
Por Pickensville........... Resodeer ..... ooo. 4PM
For Columbus ......... ....Marengo............ 6PM

For X\. Gbycmery ..........58. Char ied... cceee. 4PM
For New Urieans........ .. Lucretia 3PM

Loeal Int
F® Splendid Coats trom $3 to $8, at No.

$2 South Royal street, api lume

er

URC
Crzcourt Court—Hun. «. W. Rapier, Jadge,
preaia.ng . Y a
The calling of the Dova-t for the purpose of selling
curee for trial having deen Postpoued, by request of the
Bur, uotii Monday, the 231 uxt, on that day tbe Tucker
Wilde cared for that purpose, Coupee. are but.Ged to

be preeect prompt!y at 10 o'clock ;
Attest J.J T Wil SON, Clerk,

ceiiiiamsinnmmntal =
For New Oareaxs,—JLe steamer Lucretia,
Cayt. Bakesley, leaves for New ('rleans, by New Ba-
@:o,at3 P.M. today. For freight app'y oo board or to
David Hall & Cv., ber agents, at No, 4 Suct!; Commerce

street.
a

Amatzcr Dramatic Association. —Tbis or-
gap.zationg will bold a reguiar meeting at®& P.M. We
ca!l the atteaticn of the members to the card of the sec.

retary ip avother column.
i Sitiieseeneeeae

Sare.—Lubricating oil, flour, soap, meal,
and potatoes will be sold by J. E. Klump & vo., at 163;

A. M. today, fee advertisement.
na

Avction.—B. L. Boullemet will sell with-
Out reserve, at public auction, at Matbewe' warchouse,
eo Commercs street, between Pacphn aml Coot, a
Quantity o% Gals, corn and brag. The sale wil! texe
Peer atlO A. M. to-day.

rr ——__
Conn.—Measra. Woodrufl & Parker will eel]

attherr store, at IOAL M. today, 106 sucmm et pri

cure,

Wuew buying the hed Juch+: Lovers see tha
you get the genuweartiae. Arrivate C8. ix cents
Revetwc lamp is acrvas thea rk aclouver the Lece of
feck ottie a hith rapa late. wit
Cote brated iinef, Red Jacket. cs on eac:
Props eters came, Bemuet bee oa Ce, us Viown kr tae
sen8 if

mrtrahe: the
bettie, and the

Fase cach Bvlale, ;
a

Sa:e or Pivot boat.—Lhe U. S. Marsha!
Naftue Scothera Inetrnd of Alabama, wool eciat pou.
attue fosed Adame street, at lol. uke polet

BQ. clswa,
tert Moet

Urrar ry coles Wail be rece ted ie pureens,

-

ber fariiture. beeSe aged appar l

Fox Rent.--Adzsellinz house on Cearch |

MOBILE DAILY TIMES. |

< ee a ee ee + -ee

tum ; upon his retarm be found thaa the litsle white boy
bad crawled out of the hole and was only desirous of
being con veyod home to bis mother, amd promised that
he would not evee ask Heory for the price of the gua.—
The negro. however, cumploted te murder ; dragged
the body back, and trampert it into the bole and taorew
bricks upon it. j

After an examination before Jnstice Starr, the case
Was referred to the City Court. The Grand Jury brought
ia a verdict of gMity of murier apd tue accused was
Seatenced ty be hung, ater tial.

SYNE AP TMK JAIL,
Loog bs fure the hour appowted, a large crowd bad

congregated iu fruntul the jai! Mapy iucividuals who

were simply iterested from curiosity, claimed to
be representatives of the Mobile press. Unfortu.
Dately for them, however, the puiice were too well ac-
quainted with the newspaper mco of the town to admit
them. A large crowd, buwever, pumbering hundreds,
was busily esgaged to endeavoring to find an entrance,

Vofurtunately for outsiders, the Sherif bad already
Made his arrupgemeote. All part:cs whuee business re-
quired their attepdazsce, were Orst allowed jo, and whea
tue crimina: was breaghst out, tbe crowd was adin:tted.

Previous ty the execution, the Rev, Dr. Gurge.t, of the
Vresbyterian Courch. Was cailed vm to attend the accu-
8d. The Revered gentleman calied oo the prisoner, and
after some remirks sed bim if he would make a con,
Ters.on of his crime, He told him thatif he would, ther:
was eUli begs for lim in aaother world througm the
Savior. Tbe prisoner, Who had up w this time exhit-i-
ted the wlmoet reck!erseets, was more cr lees inoved by
the appear of the minveter of religieo, made the fuilow-
ike confession: “I was waking with young Mevley,
wore engiged in @ controversy, we were pear tuto
brwess and we commenced Gring bricks at each other, J
Pesed Up a stce and struck bim three times witht, 1
aiterwards dragged his baly to the hose and tiirew b
iu. Tam eecrry fur what I have cone,"* .
Previous to this confessjou the accused had ma:ata.n-
eda cegged wand cetermiued silence. He Ci pot seen
torealze the fact that death was so cear, but this morn.
‘bg be apperred to realize it thoroughly.

THE EXECTTION,

At #ix minutes past 12 M. the accused was led on’,

He was a mere boy, scarcely 18 years, Reary walked
Without a tremor to the scaffold, accompanied by hia
sprcitual adviser and the deputy sberit!4, A oumver of
boy, who bad succeeded in obtainiag positions ov trees
that towered above the wal's surrouudiug the jail yard,
at once commenced to shout. aint og
The whole upea space was now crowded with lookers.
on. The morbid desire to see a man hug seemed pot
ouly to wfatuate the male, but also the female portion
of the community. A large number of femaler were
present, some carrying babies and others taking charge
of chitdren who were hardly able to walk, A £008 les.
son, perhaps, in the opinion of the Parente, to the ch:l-
drep, but we thitk that conks have been apared,
The condemae:! boy mounted the rcatluld without a
tremor, Imiaediately after taking bis pesition over the
drop les spiritual adviser took hie plac’ beaide Luu,
abd efered up an earnest prayer for the soui that waa
ry Foon te be launched inte eternity,

tls

Alter the prayer, tbo Kev. Dr. Burgett atvanced to
ter icent of the scafuld, and stated that Merry had re-
wosted tim Co ioferin all present that tee selt very Sorry
tor Sie rime that be had comrastted, aod that he trust

ed Chat he would te pardeced by a God atvays wilhog
cep iret a repentant ginuer. Henry derired that aul
thes. Take eaample by uo punishmen,, aud retramn
Trot, wes Orme,

THE i*18 ER,

Tre wpfortunet negre whe bad beg sent coed to ef
fer Sine last penalty of the law. made bis appearance in

hint tate y atten the cap

ate Re ei pore whole,

wR aan ever De face, he murmur !, BR arewell,
Taree Cand metag (he Crem feud bie lat wor te dew!
trem Bor were Farewell, all”

an a

Alot been mk ted part iweive the ino fell und the

The reso:t
to pit & pew

The petit:
Street, aki.
exteoded to
to the Street

Aldermao
the ordinance

Alderman
Man Maguir
vole:

AVes—Pric
neil, Gitard,

NOS =U rar
Harms —@,

Alderman (
00 the table |
Consider be |
Vote ;

AY ee —P rie,
rard, Overall,

Noes —Fian.
Smith, Willia

The ordinar
ne toy, was
Ww mak» the

Qicpied,

Alleria 3
Peel, Th,
Wohy thee Con
busines¢ rate
Che cluer Hoe
when giveo,u
depted,
Lave Of ubs
b.rxty lays,

Pretty a:
Ger of Se. Fr:
Put 2p, some
aier. that are r
teex at them,
tauch superior
viu.b is w beavy

Ye Fine

at Nu. 52 South

Cazrrine
informed that c
GY : this is liter
can ouly accou
light, aud caob.

Dc - Cloth

Royal street.

Fowrs Ea
one of them
mexstic fowls
petite, appar:
ef the fowls
preventives a
sbells and ch

Of grains, w)
Meuts, Som,
mor invetern
the rest cf th
(9 remove or
that this hab;
are moulting,

With blood, o1

Kiaddereda:
BReteD, In whi
aay Gladiate
tLrobe on w!
clad in the tog
the leurel wre,
Bae two aladi.
im the fasbio:
when about :

4 vo Heory 348 laupched inte eleruity. appeared as |

GC .oml eats Pee Sy OR SS epee

their trranni- ©

Ioietgoeer. fe [ye0ris K

2B Saturday, May 3, 1997

c

Killer executed for triple slaying in 1977

THE ASSOCIATED PRESS

~ ATMORE — Walter Hill gave his
niece a nod of recognition, then the
62-year-old inmate went to his
death in Alabama’s electric chair
without a spoken farewell, ending
20 years on death row for a triple
slaying.

“T love you,” niece Johnnie Mae
Woods said, waving at Hill through
a glass window into the death
chamber at Holman Prison.

Hill was executed at 12:05 a.m.
(CDT) Friday for killing three peo-
ple in Bessemer in 1977 over a
blocked attempt to marry a 13-year-
old girl. He was 42 at the time and
had been out of prison two years
for kidnapping and two prior kill-

ings. Hill had no last words for

Warden Charlie Jones. He nodded
at Mrs. Woods of Michigan, who
gripped the right hand of Hill’s at-
torney, also an execution witness.
The death mask concealed Hill’s

face. Big leather straps held his
body down.

“Oh Jesus, Lord have mercy,”
Mrs. Woods whispered as the 2,000
volts surged through the inmate.

The execution was completed
without any delays.

Leaving the prison, Mrs. Woods
stopped in the foggy darkness sev-
eral times to look back at the quiet
cellblocks.

Attempts to locate the relatives
of Hill’s victims, who had a legal
right to witness the execution,
were unsuccessful, a spokeswoman
for the Jefferson County district at-
torney said Thursday.

Hill was sentenced to die in 1980
for the triple slayings on Jan. 7,
1977 in west Jefferson County.

Willie Mae Hammock, 60, of Mul-
ga was shot to death after refusing
permission for Hill to wed her 13-
year-old daughter, Toni Hammock.

Miss Hammock’s _ stepbrother,
John Tatum Jr., 36, and Mr. Ta-

tum’s wife, Lois Jean Tatum, 34,
also were slain. All three were shot
in the head.

Hill had a long history of vio-
lence before the triple killing,
starting at age 17. He claimed to be
a native of Jamaica, but a pres-
entencing report in his parole re-
cords gave his birthplace as Mid-
way, Ala.

He was released from prison in
1961 after serving 10 years for sec-
ond-degree murder. In that case, he
beat a man to death with a board.

His claim to have been dishonor-
ably discharged from the Jamaican
Army was also unsubstantiated in

- parole records. Hill had been in

and out of various prisons most of
his entire life.

Hill had been convicted in feder-
al court of kidnapping and sen-
tenced to another 14 years in pris-
on, where he was convicted of
murdering a fellow federal prison-
er in Atlanta. He was paroled in
1975, two years before the Besse-
mer killings.

Hill’s first conviction in the
three slayings was overturned be-
cause two potential jurors who
said they did not believe in capital
punishment were excluded from
the panel. Hill was convicted again
and sentenced to die.

Hill was the 15th person exe-
cuted in Alabama since 1983, when
the state resumed executions after
a break of more than a decade.

Alabama’s last execution was
Jan. 10. The next is set for June 6. ~

RECENT EXECUTIONS

THE ASSOCIATED PRESS

Condemned inmates exe-
cuted in Alabama, and date of
death, since the state restored
its capital punishment law two
decades ago:

m John Louis Evans Ill, April
22, 1983
@ Arthur L. Jones, March 20,

. 1986

m Wayne Eugene Ritter, Aug.
28, 1987

m= Michael Lindsey, May 26,
1989

m™ Horace Dunkins, July 14,
1989

m= Herbert Richardson, Aug.
18, 1989

m Arthur J. Julius, Nov. 17,

1989
= Wallace Norrell Thomas,
July 13, 1990

= Larry G. Heath, March 20,
1992

# Cornelius Singleton, Nov.
20, 1992

# Willie Clisby, April 28, 1995
= Varnall Weeks, May 12,
1995

@ Edward Horsley, Feb. 16,
1996

= Billy Wayne Waldrop, Jan.
10, 1997 ;

gw Walter Hill, May 2, 1997

Source: Alabama Department of
Corrections


Presiding ‘
The calling of the ‘pocket for the purpose of sottirg

carte for trial having been poetpowed, by rejucat of the
Bu, votil Monday, the cat vat, on that tay the [kwaet
wit de cate) for that purpese, Coanae. ary bot. fied bu

be present promptly at 10 o'clock
“Attest J.J T WilSON, Clerk.

— re ~

For New Oarxzaxa,— lhe steamer Lucretia,
Capt. Riakesley, leaves fer New Urivaus, by Kew fa.
en, at SP. M. today. Vor freight apply on beard oF to
David Hall & Ov., ber aguats, at No, J4 Bout Commerce

street.
sainemeierea samme
Awarzuan Dramatic ABAOCIATION. —This or-
gan.zatwoa will hoki a regular meeting at 8 P. M. We
- ca!l the atteation of the members to the card of the sec

retary ip avoiber columa.

settee aameeeineiil
— Bare —Lubricating oil, flonr, soap, meal,
~. and pr tatoes will be sold by J.B. Kiump & Uo., at 1},
A. M. today, Bee advertisement.

, ma EEO
“Avcrion.—B. L. Bonullemet will sell with-
Out reserve, at public auction, at Matbeae warehouse,
wa Commerc atreet, betweeo Bauptn ant Coot. a
quantity of oats, corn and bray. Tue wale wll tune

phe at lO A.M. today.
ene

Coan. —Measra. Woodruff & Parker will sell
at 1O A.M, tu dey, [U6 sacKkmel prone

atthere store,

~ core,
SEE

WHEN buying the hed Jacke: Litters see tha
¢ yoa get ihe genuine articie, Agrivate C. 3. ex cents
Revenue stamp iv acrcas the cork seal over tho neces of
a hthegrapd label’ with pertrast cr the
eon each bottle, and the
is biuwn a the
Seon 46

each ovttle ;
cetebrated clief, Red Jacket.
proprietors uame, Berne! License & Co,
gases ct each bolle, :

© puna a a i327 my

Sare or Pivot Boat.—Lfhe U. 8. Marshal
furfiue Southern District of Alabama, will seid at pubie
auctiov, atthe fot of Adams strevt, ot 12 Miz the prlot
Bout Retief, Ber furniture, tackie aya apparel, OV.
treascry putes will be received 1D payment.

For Reyt.—A dwelling house on Church

gireet. S catvertismatol A, x P Hest.

“Sopa Waren. —Oar tricbds Clark & Munv,
of Franxho street, hotween Trp o and Rt Francs
bare again seat us ame of th.s delicusas etal, frexb
from th * manufactory, We were giad to xce our eid
friend Clara back again. He hak been ef coving the
people of Natcbez, and succeeded perfect:y. Tris hot
weatber, eoda is the best thing we anow to think of,

apd pester still to orink.

SuppeN change of the weather will decline
pbe strongest bodily bealth and mon! v:gurous court.tu.-
pron ualese fortified apiind the vatra pre? sre, The Red
Ja ket Stumwh Bitters will produce the «¢ tegire 1 result ip
the mst agreeacie manner, Try them and ve cun.
vinced. fois °f

Sa aaceellaal

A Grear Numwance.—From the back en-
trarce to the theatre toa distance of forty yards ast,
perrens patronizing the Uicatre tave been ja the taut
rightly of committing buisances, which ought to be
stopped. and the Chief of Police is determined tu abate
it. Families oo the strect canvot sit.on their gaieries
ard cjoy the cool of the evening on th:s account, We
nw by authority give Botice that any oe caught com-
woill.py a Duisance 08 these premises will be arrested
acddralt with severely. A policeman will be placed
there to watch, and we warn the public aga.tet it. We
have lung knuwn of this outrage oa public decency ; the
Ctr of Police and the Manage nent dererve oUF thavks
"tur their eforta in trywg to remedy the evil which

should acver bave exixted,
<I

PD Linen Pants from $2 to $3, at No. 5,
South Royal street. ap. lm®

caaeieeemeeneniant
Deats oF aw OL Acrnrss:—We are pained
to’learn that Mrs. Caufela tied yesterday moru.tg at

an , =? , ome” eas

f

prearceres VP @ SEC ONE BUTT WETED BpEE Ee Breve: we wer vee ow
alt-r@ardacitegged bis tely to tha hue and threw bin
va aammpeery for what Ihave deme, * ; :

Previous to this copfesqwn the accused bad ma. ota.0
ed adeggod atl determined ailente. Hed two soem
toresbce the fact Piet death wae eo Lear, but this more
‘he he apperred te realize 16 thoroughly.

TIER RYT TION

AL ox m.nntee past 1S M. the accuned waa lajen’,
He wae aincre boy, scarcely o& years, Henry walked
w.thout a tremor to the scafold, atcompanwd by be
syptritnal adviser and the deputy sheriffs, A Bumorr «ff
boys, who bad succeeded 1 obtaaiag pusitwes oo trece
that towered abuve the wale surroucding the yar yard,
at once commenced to shout.

The whole upea space was now crowded with lakers
oa. The morbul desire see a man hug scemed wot
oily to infatuate the male, but also the fewale port.ce
of the community. A large number of females were
pretent, some carrying babies and others takin“ charge
of children whe were bardly able to walk, A god ee
son, perhaps, in the opinnm of the parents, tv the eb:i-
deen, but we thik that ecabl have been ayrared,

The condemaed toy mounted the reatteld without ®
tremor, Imriediately after taking bis peitien ter the
drop bia sp.ritual advices Gek he piace breapbe Lows,
wd ofered up an esrpest prayer fof the evwul that was
co fon te be laseched intt eternite,

After the prayer, the Rev. Iv. Burgett aivenced &
per icont ofthe saflold, ant stated that Mener bast re-
(ete d lam to gpforin all preeet.t that tee felt wery erry
fer the come that he bad conmitted, apd that he test
ed Chat he would be pardated wy a tah a cays willog
Menry Serine that ast
ah fel Pay

tepariar « repentang s.nner.
we take eaampie by bs pio bmep.
frown, as ereme,

whyer

THY, Pte TER,
TDeeunfortunat aegre wine bad be a ebb cord be of |
fer the last penalty of the law, made his apperarainr co
Dinrstaate y atten thie Cop
he ranemure!, oR orewell,

arostiine Of pure white,
was srawn over big face,
farewes! “and net ag the crop fell the
trom bim were Farewell, all."

TUR ORO Fete

AL titeen minutes part tweive the or pfeil, aud the
negro Henry was launched sato eternity. Tt appeared a
fone suffered tte, At Gret, be bung parteetly lisaber,
ao! a short time after, only a few coLvueise Mott
gave tuxeus of hfe,

MEDICAL FY AMINATION.

Trctors Smith, Gwen, Yuille, Toxy and savage were
caued on Gitcen miontes after the trep had tacten to ex-
atmine the body, They pronounced it dead, Dut re com:
Inended that it hang fora lopger time,

THK BODY TAKEN DoW N,

About ten ininutea after the bedy was taken down
and put into an ordinary wooden cotn and transferred
tothe custody of the ety sexton.

Kuch is the end of a murderer of omy
who turderrd a boy of thirteen.

Henan St) arte ee

Kiteen yur,

Mayors Court.

Peirce April 20.—Councilman John Har-

“. premul.og. ;

John Brith, for de: ving too fast, was required tu my
a tine vo. $10.

James Riley was charged ‘by Ann Hinds with disor.
deriy conduct. As ADD Was reported ty be so the guard
bouse, laboring oucer the intuence of intexeatiog
quors, the case was postponed .

c. Y.
ing robbed parsengers on the mail boat, They were
brought to town in iroas, No provf was oflered against
thens, and the cage was disinissed. The accused, how:
ever, are required to give a $100 bond each fur — be
buwior. ay

The caseof C. L. Perry was sian ‘ealied ‘up. Mee.
Perry appeared in court this moruwg. Sue stated tha:
her huaband had left her sevea years ayo, ,and bad only
written to her once since, The court ined the accused
$50 for breaking in bis wife's door, and requiredt bin
to give a $00 bund for his future goud behaviors sf

The conrt miners, eee eee

sists Watre.—A soda water ‘gatablishment |

Lindsay aud Mike Koach were e charge! with hav-

Vea, beye. " Pickaway 4 .
Purtty AMD air oN ———" hs ro

nt wom Peraese ate Koya’ aterets, fred Pee
pub’ “ifr, “ein. woaan, oF ha la ote by Yar
are Unat ae really tere sbi: ened a4 t oy shee '
es at Bhetn the whole thing @ 4: Caigae st

Low h enperwr they are bs bbe? mm Aes ‘oes
cob we bes y dt, ale thstmd ds oar we
nS

ee dth

anne

re Fine Cassimere | Pants from
a No. 42 Kerth Royal street. as,

gE Soha PEG ca

Canaries Coss to Naw. Caste.
toferr sad Chee coblagad are tw ing ships v
ry thie ae biteraly erarry Ox Crate ta Be? ‘2a
ran muly accoant for 010 ths wayment ¥
baht, and canbages were. Mere see din vw tts hie : ;

Vet

“Se: a ewe cle at ¢ wholesale, a So.
Royal strect. ‘

Fowrs Eatin Tete Pasion.
one of the most annosing batste to +
mextic fowls are addicteL: It is @ nx
petite, apparently ipdaced by the in
of the fuwls nnJder confiuement. 1
preventives are animal food, raw bon:
sbelis and charcoal, broken fine, an:l
of graice, with cleao water and cle
meuts, Sometimes «a party war fowl
more inveterate disposition to eat feat
the rested the fleck ; it ss best -in «
to remove orhitiench fosic” Fis
that thia habit 2. orat mdre-d wusie
are moulting, xr! tkesr pin f-ather«
wit blood, oF wWu:e:s tury are very f.

ee Sle

Riadderedaatasch, the Deriia) Par
wketep, im which Prissia and Anstr
win gladisters, are advancing &
tbrobe on Which: Laas Napoleon i
elad mm the toga, and bis brow enzir:
the lourel wrea'h of the victonons i
dhe two gladiators hold tcir sword
in the fasbion of t°.ir ancient.'p
when about to fivht for the ame
their tyrapnic lords, while: ‘provoa
cuinous formrla nsed in the Roman

such Gecasions, morituri te salatsnte
prrator looks Gown ayen. them “wath
“ viERe ‘y ae ai

“Wwe serpecttully eall the. atteatios

who imbibe rather oy to. the:

Pht

bes feis0 es aS

Foe <.te aoe, on Y aent. {gory ele, = 2 5

We tecies Cher sata cp: dive We ot sein Be iE

Why Shatter ose? ‘pie bea me

Pret & alk Ror mutes ees les t; SES

seuideue Roberts, of the’ ‘Fenian

hood, is in Washicgtou.:; “He isp

condemnation of the movemer.t om |

eastern frontier, ag, according ta Be

will not aid the canse of: Irish inde
<< o meet

If a lady yawns five times” ‘id ‘.
young man, you may get your | bast. -

op
"Don't find fale, Trobably. yea
enough withont tinding any more,”
ee =
“Wood ia the tLing after all,” as
with a pine leg said when a mad do
——

en ee oe et

Bargains ¢ Retail Dea
rgalus to ) Rett oe

we have, im store; “ex steamer, Wercedité
&.: 8) ™R eae cle °

. Large ‘Cousigument ©

-FIRST- -CLASS” GO!

Suit.ble for DRY Gonna” WEN,: Pphe ‘
_ ley, DEALERS, JEWELERS, aod
. We will elewe out there. Gots, te Peale ¥:
one reall sell the Risse ktad ‘disposi oa . aayaned
darts, Pron. Sha a os q
This ta a rave chance fue Country Realer¥s

—


MOBILE DAILY TIMES.

SATURDAY MORSING...... APRIL 21

The TIMES Job Office,

$e prepared to do all | t24s of
Job, Card and Beek Werk.

yas
ALCTIUN SALES THIS DAY.

M. Boullemet - elie at 10 o'clock A. M, at Marston's Ware-
bou-e. 500 sacks eats, 200 do ccro, 150 du bran.
Woodrull & Parker s-l] at 10 o'clock A. M, at their stores,

36 cases cotion cards.
BW Wes: & Co. sell at i0 u'clock, at No. 78 Daupbie
«sreet, Fancy Staple (:ouds, Groceries, Ac.
Woourufl & Parker seil at 10 o'clock A. M, at stores,
1&6 sacks corn.

————_ 9 ee
STEAMERS LEAVING TO-DAY

—
For New (ricare..... wee FPADCCB oo. eee ee ee eee 13, PM
Por Pickensville........... Resadeer ..... cooies 4PM
For Columbus ............- Marengo.........-.. 4PM
Por hi ntycmery ...... wee eSt. Charie@....e0005. 4PM
For New Urieans.........- Lucretia ....--6-- .3 PM

Loeal Intelligence.
g& Splendid Coats trom $3 to $8, at No.

$62 Bouth Royal street. ap? lus

Cracurt Covrt— Hun. c. W. Rapier, Jadge,
presiding . 4 7

Toe calling of the Dova-t for the purpose of setting
cases for tral having been postpoued, by rejuest of the
Bar, uotii Monday, the .3! .pst., on that day the Docket
wibe cated for that purpose, Coupee. are not.Ged io

be preeect promptly at 10 o'clock
Attest, J.J T Wil SON, Cierk.

For New Oarzaxs.— Le steamer Lucretia,
Capt. Bakesley, leaves for New Crieans, by New Ba-
e:n.at 3P.M. today. For freight appv co board or Lo
David Hal) & Oo., her agents, at No, 34 Su.t?) Commerce

street.

Avatecr Dramatic Association. —This or-
gap.zation will hold a regular meeting at &P.M. We
ca!] the atteaticn of the members to the card of the sec

retary 1p abotber columa.
2 EEO

Sarz.—Lubricating oil, flour, soap, meal,
and prtatoes will be sold by J. E, Klump & €o., at 1C3,
A. M. today, See advertisement.

Avction.—B. L. Boullemet will sell with-
out reserve, at public auction, at Matbewe’ warehouse,
eo Commercs street, between Pacphro and Coot. a
Quantity ©” oats, corn and brag. The sale will tune
peer atlO A. M. today.

Conn.—-Measra. Woodruff & Parker will sell
at ther store, at 1O ALM. today, luo sacks ef prene

core,
—————— rr

WueEw buying the hed Juchs! Eoters see tha
you get iLe gepunearbac, Aprivate U.S. +.x cents
Revenue -tamp 8 acrcas tbe c rhawloyer tbe Lecce of

a lithe rapa late, with pertratie: the

wack otis
cetebtated  larf, Red Jacket. :° oo eac: bettie, and the
prope cters came, Bemte® buns oa Co, is Doane tl:

gaerst cack duller, fees Uf

(Sete ae
Sa: £ oF Pivot boat.— Lhe U. S. Marsha!

tucptue Southern Unmetered of Alabama, Wolo eeiat pees
activa attue foses Adams strect, ot Wo ML. the prt
Wet Toe
ry celes Wil Ge rece Ted it FUP Eee,

bee farkature. bor Sv aod appor%.

reas

—— el

Fos Rexst.--Adasellinz bonse on Ccurch
treet. S cadvertism att Ala P He sta.

OOOO
Sepa Water —Var freuds Clark & Nune,

64 Pracktn terest, beawere feng we eet Frat. v8

have acad s@t ue + me wo ths selewss -2, breeb

trem ther tuapelaciorys. We were pal emer ered

tim ; upon his retarm be found thas the litsle white boy
bad crawled out of the hole and was only desirous of
being conveyod boave to bis mother, amd promised that
he would not evea ask Henry for the price of the gu0.—
The negro, however, cumpioted the murder ; dragged
the budy back, and trampe:! it into the bole and tarew
bricks upon it. :

After an examination before Jnstice Starr, the case
was referred to the City Court. The Grand Jury brought
in a verdict of gMity of murJer apd tue accused was
sentenced to be Lung, ater trial.

SOENE AP THE JAIL.

Long be fure the hour appouted, a large crowd bad
congregated :a front uf the jail. Many weividuais who
were simply interested from curiusity, claimed to
be representatives of the Mobile prees. Unfortu.
nately for them, however, the puiice were too well ac-
quainted with the newspaper men of the town to admit
them. A large crowd, buwever, pumbering hundreds,
was busily esgaged 1 endeavoring to find an entrance,

Unfortunately for outeders, the Sherif? bad already
made bis arrapgemests. All parties whuee business re-
quired their attepdazce, were Hret allowed io, and wbhea
the criminal was breaghs out, the crowd was adin tted,

Hrevious tu the execution, the Rev, Dr. Burge.t, of the
Dres}yterian Cbureb. Was cailed va to attend the accu-
g:d. The Reverend gentieman calied op the prisoner, and
after some rem iurks geaed bim if he would make a cn,
fersion of his crime. He told bim thatif he would, ther-
was etili hep: for lim ia agother world through the
savior. The prisoner, Who had up to this time exbiti-
tod the etmoet reck!ersterfs, was mere Cr less mneved by
the appeal of the minister of religvo, made the fvilow-
ing confession: “I was Waking with young Meviey,
wore ebgaged in @ controversy, we were pear sum:
bricss and we commenced Oring bricks at cach other, I
poesed up a st.ce und struck bim three times with it, 1
alterwards dragged his body to the hoie and threw bin
nu. lam eerry fur what I have cone.”’

Previous to this confession the accused had ma:ota.o-
eda cegged and determiued silence. He dsl poy seem
torealze the fact tiat death was @o vear, but this worn-
‘ng be apperred to realize it thoroughly.

THE EXECUTION.

At six minutes past 12 M. the accused was lel ou’,
He was a mere boy, scarcely 5 years, Henry walked
without a tremnor to the scaffold, accompanied by his
spiritual adviser and the deputy sherit!s, A number of
boys, who bad succeeded in obtainiag positions ou trees
that towered above the walis surrounding the jail yard,
at once commenced to shout. eee
The whole upen space was now crowded with lookers-
on. The morbid desire to see a man hug seemed not
ouly to wfatuate the male, but also the female portion
of the community. A large number of females were
present, some carrying babies and others taking charge
of children who were hardly able to waik. A good les.
son, perhaps, in the opinion of the parente, to the chil-
dren, but we thir k that could have been spared.

The condemae:! boy mounted the rcatluld without a
Immediately after taking bis pesition over the
beside Lita,

tremor,
drop biz spiritual adviser took bis plac >
and offered up an earacst prayer for the soui that wus
ty Boon te be launched inte eternity.

After the prayer, the Rev. Dr. Burgett advanced to
ter icont of the scaiuld, and stated that Henry had re-
oy sted ium to infertn all present that le telt very sorry
‘op tie fume that be had committed, and that he trust
ed that Le would be pardoned Uy a Ged avays wilhog
tegurlar a repentant einer. Henry desired that aul
ciel. take example by bes paiostimen,, abd retracu
HOt. aa SCP Te,

THE iI ONER.

Tee cpfortunet: pegre whe bad beg sebi ceed ty ef
fer tae last penalty of the law, made bis appearader tp

eeecone et pore whole, linn rtiate y atten the cap

eawp cover bs face, he ranemure !, oP orewet!,

‘anew, Candonstag the crop feb the lat Wor ts eet!
trom bon were Farewell, all”

Vik eu Peres,
been mae.tes pasttweive the irop fell, aod the

Tt appeare| ms

Art
gro Houry sas lausched into eterusty.
AU Bret, he lang parts tiy liunber,

’
foe soferel hitle,
an a suert time after, only a few cobs atis ce Mote
twens of bife.
METAL FUAY NAT.
estore smth, Gaen, Yue, Tory and savage were
ca. sbee Giten moantes alter tle inp had taken to ex-

aaice

ance the bate, Thev prenounee!d it cead, bu. re com

——_——— ee

The feso:ution cf Counctiman Reid appropri:
to pit & aew oor in a market store was Conca
PENTIONS.

The petition of the cit.zens residing near Go
street, a-ki.g that the Government street ra
exteoded to the west buupdary of the cily, wa
to the street Committee,

Alderman Maguire moved to take up from
the ordinance reuucing taxation of sales W& |,

Alderman Overall! moved to lay the motiot
tap Maguire ov the table. Carried by the
vole: ;

Ayes—Price, Radgett, Dane, Delchamps, Flan
neil, Girard, Overall, O Coonell, Kiley, Vautro

Noes —tirady, Miler, Magu.rc, McDouald, 21
Nams—@,

Alderman Overall then moved that the moti
00 the table be reconsidered, and that the mo
Consider be laid on the table. Carried by the
vute gcd
Ayex—Price, Badgett, Pane, Delchamps, Gr
rard, Overall, O'Connell, Riley, Vaatrot—10

Noes—Fianary, Grady, Muler, Maguire,
Smith, Willams—7.

UNSINISHED BU SiN S=*,

The ordinance of Alderman Overall, offered
rie tog, was amended by requir.ng the Oly
w make

a lopied.

he depor.ts of cach elles, att, 4s

NeW RUSINe,

Alterna: Siler etered tue fol) wing! .

Pee tod, That whenever ** 4 Board re fases
welt the Common Cousetl ia avy resolution
breines¢ matter. the clerk of thes Beard, .u
the ciser Board of eur action, wall state th
when giveo, uf such gu0 coucirreL: ¢.

Advpted, ;

lve Of ubsence was gratled to Al.ermaa
s.rty days.

Pretry asp Uservi.—The GQ» ro

oer of St. Fravcis and Royal streets, has ree
pat up, some window aw aiugs, meade by Mat
wer. Chat are really beautiful and col. Tete
lex at then, the whole thing wil! suggest
tauch superior they are te other modes of st
clo: is w beavy twill, caleuinted tu wear weil

Ye Fine Cassimere Pants from :
at Nu. 52 South Royal street.

Carrytnc Coats TO New CastTLe.-
ioformed that cabbages are being shipped te!
ry ; this is literally ‘carrying coals tu New ©
can ouly account for itin this way—our, w
light, aud caobages were early with us,

sini taconaeeaet /

We Clothing at wholesale, at No.

Royal sireet.

Fowrs Eatine THe FeatHers.-
one of the most annoying babits tu
mestic fowls are addicted. It is a me
petite, apparently induced by the in
ef the fowls under confinement. 7
preventives are animal food, raw bone
shells and charcoal, broken fine, and
Of graics, with clean water and cle
Meuts, Sometimes a particular fowl
more inveterate disposition to ent feat
the resteof the tluck Zit is best ins
to remove or kill sneh foals. Tt is
that this habit i. airst iudnesd wue
are moulting, 11 their pin feathers.
with blood, of wi:eh they are very fi

-2 <i -

Riadderedaatsch, the i-criiu Pan
rneten, In which Prassia and Austr:
mau gladiators, are advancing t&
tbroue On Which Louis Napoleon i
clad im the toga, and bis brow encirs
the leurel wreath of the victorious
‘She two gladiators hold their sword
im the fasbiouw of their ancient PB

when about to fivht for tbe ama |

tLeir tyrapnic lords, while pronod
ominous formula used in the

such occasions, morituri te salutant.

j
perator looks Gown upon hem with

delight. %
——,— 9 roo ‘

We respecttully call the attentiot

who imbibe rather freele to the -

oman.


BoatPru aus meee ts eH om

———

(4 Splevdid Coats trow ts wo 3s, at No.
bo Mouth Royal street, apt lus

cretesnemememitl

Ciacurt Covnt— Hun. «. W. Kapier, Judge,
presiding

The calling of the De ket for the purpose of solting
cases for trial having been poetpoued, by rejucet of the
Bw, votil Monday, the 331 .pat , on that day the Docaet
Wit becaled fur that purpose, Counses ary sobbed bu
be present promptly at 10 0 clock

Attest J.J T WilWoN, Crerk.

—_——— ee -

Fon New Oa.zaxs,— The steamer Lucretia,
Cayt. Rakesley, leaves fer New Urivaus, by New Ma.
ea, at SP. M. today. Vor freight apply on beard oF to
David Hall & Ov., her agvats, at No, 54 Suuth Commer

street.
cE -
Awatzun Daamatic Association. —This or-
gap.zation will hold a« regular meeting at SP.M. We
call the atteation of the members to the card of the sec

retary ip avother columa.
scala ties.ciesiciguainaial

Barz —Laubricating oil, flonr, soap, meal,
and jp. tatues will be sold by J.B, Kiump & Uo., at 1G},
A. M. today, See advertisement.

Avction.—B, L. Bouliemet will sell with-
ul reserve, at public auction, at Matbens’ warehouse,
wa Commercs street, between Dauphin and Coat. a
Quantity of eats, corn and bray. Tue sale will tune
pee at lO A.M. to-day.

¥ ou :

Coan. —Measra. Woodruff « Parker will sell
attherr store, at 1O A.M. to ley, 100 sackscf prone
core,

— SE
Waren buying the hed Jacks: Litters see tha
you get the genuineartice, Ajprivate C. 8. e.x cents
Reveuue stamp i8 acrcas the cerk aul over the beck of
each ovttle, a lithograph label‘ with pertrast or the
cetebrated clef, Red Jacket, :¢ on each bottle, and the
proprietors’ uame, Benne!! Bices d Co, 16 blown ‘eo the

gass ct each bolile, fecn if
pees SS

Save or Pur Boat.— Che U. 8. Marshal
furfiue Southern District of Alabumt, will seilat pobse
auctiov, atthe fotef Adams strest, at 12 Miz the pilot

boat Rehef, Her furniture, tackle and apparel, OU. 3.
treasury putes will be received 10 payment.

Fon Rent.—A dwelling bonse on Cburch

gireet. S-ea'vertism ptof A,X P Hora.

Sopa Wares. —Oar tricods Clark & Mnov,
of Franko street, between Denpho and to Francs
bave again seat us aeme of ths delicugs etal, frewb
from th: * manufactory, We were clad to sce our oid
friend Clara back again. He has been of couny the
peuple of Natcbez, and succeeded perfecty. Tsis hot
weatber, eoda is the best thing we xoow to think of,
and oetter still to orink.

Suppen change of the weatber will decline
phe strongest bodily bealth and most v:gurous coust.tu-
pion unless fortified against the extra pre sare, The Red
Ja ket Stomach Bitters will prodvce the vesiret result ip
the ms agreeable manner. Try them and %¢ cun.
vinced. fro cf

A Great Nuwance.—From the back en-
trarce to the theatre toa distance of forty yards 4st,
persens patronizing the theatre bave been ja the aot
pightly of committing piisances, which ought to be

topped. and the Chief of Police is determined tu abale
it. Famihes oo the strect cannot sit on their galeries
ari. cjoy thecool of the evening on this account, We
bow by authority give Dotice that any one caught com:
mitl.ng a nuisance op these premises will be arrested
avddralt with severely. A policeman will be placed
there to watch, and we warn the public agauetit, We
have long kouwn of this outrage oo public decency ; the
Chief of Police and the management dererve our thanks
fur their efforts in trying to remedy the evil which
ehoud avver bave existed,

JT Linen Pants from $2 to $3, at No. 5,
South Royal street. ap: lm*

Deatu cr ax Oxp Actress:— We are pained
to’learp thas Mrs. Caufleld cied yesterday moru.cg at
ope o'clock. after a long and painful ilioers. Mrs. Cau-
Geld had veewn a reenieut of Mobile for nearly (wenty-
eght years, and but few seasuns passed that ahe was
pot greeted upon the Mobile stage. She was a lady 01

Boe Lustrivnic taleu’s, and aiways payed her part cred.
sable. go matte? what she was cast ip. She has, dir

aie th testo

hes veh young M viey,
wre ehg aed an @ cObtroserny, we were Bear futa:
bra sean we commenced ring brika steahotinr, I
posed up a etek ond atruch bin three tines witle ib f
altcr@arda irndged bin tealy tothe hue and threw bum

lamoperry for what Ihave deme, *

Previous to (his confesson the accused bad ma. tap
ehacegged and determined silence. Hed ney soem
torcabee the fact iat death wasso Bear, but this mare
ta, Le apperred to realize it thoroughly.

THR RYKCUTION

Al ox monutes pest 12 M. the accused waa lesion’,
He was aimere boy, scarcely »& years. Henry wathed
W.thout a tremor to the scaffold, atcompanied by be
spritaal adviser and the deputy sheriffs, A Bumber of
boys, who had succeeded 1 obtamiag positions on trere
that lowered abuve the wale susroutding the yeu yard,
at once commenced to shout.

The whole upea space was pow crowded with lakers
on, The morbil desive to see a man hug seemed pot
only to infatuate the male, but also the fetale port.oo
of the community. A large number of females were
present, some carrying babies aad others taking charge
of children whe were bardly able to walk, A good ies
son, perhaps, in the opinnm of the parents, to the el:
deen, but we thik that eoabl have been spared,

The condemae! boy mounted the rcafuld without a
tremor, Imriediately after taking bis position over the
drop bea sp.ritual adviser Gok hog piace beewde Lia,
wd offered up an earnest prayer for the soul that wis
re Goon tobe launched int# eternity.

After the prayer, the Rev. Iw. Burgett a'venced &
per iront ofthe scafluld, and stated that fers: r-
Qoete td bin to inform all present that tee felt very eorry
ier the orme that he bad conmnitted, and that he trust
ed Chat he would be pardoned vy a tenho. says willox
tepirhar @ repeptant sinner. Henry desires that act
oe take eaample by bop putoebmep., abd tetrac
from as ereme,

af tee ete at te op ow

sales 1 Wax Wang ait

yaa

Vial
ry tae

she

THY Phe ewer,
wofortunal: oegre wie bad be o eek Cord to of
10

Tie
fer the last penalty of the law, made bis appearance
arostone of pore white, Immstate y atten the cop
was crawn over bis face, he ranrmure!, Rarcwelt,
farewell "and met ag the crop fell tt
trom bim were Farewell, all.”

THR DROP Felts,

At tfteeu minutes past tweive the arp feil, asd the
negro Heary was launched nto eternity.
fone suffered little, At fret, he hung porf-othy linber,
aot oa sbert time after, only afew soLvuseive Mote
gave toxeus of hfe,

MEDICAL EXAMINATION.

Doctors Smith, (wen, Yuile, Tory and Savage were
caued on Gitven minutes after the ire p hid laden to ex-
aimne the body, They pronounced it dead, but re com.
toenced that it hang fora lopger time,

THE BODY TANEN [ro®N,

About ten ininutea after the body waa taken down
and put inte an ordinary wooden coMn aud transferred
tothe custody of the e:ty sexton,

,?

ot bart Wort tet

It appearcd a

Sach is the end of a murderer of only litteen years,
whe twurdered a boy of thirteen.
Mayors Court.
oe April 20,—Councilman John Hur-

‘, premudiog.

anes Stuith, for driving too hint Was required to pay
a tine uo. $10.

James Riicy was charged by Ann Hinds with disor
deriv conduct. As ADD Was reported tu be in the guard
bouse, laboring oucer the iutuence of intex‘catiog hi
quors, the case was posi poned.

C. P. Lindéay aud Mike Koach were charged with hav-
iog robbed passengers oo the mail boat, They were
brought to town in irons, No provf was offered against
thens. and the case was disinigsed. The accused, how.
ever, are required to give a $100 bond each for eae be
bawior.

The case of C, L. Perry was again called ‘up. Mre.
Perry appeared in court this morutwg. She stated tha:
her huaband had left her seven years ago, and had only
written to her once since. The court fined the accused

to give a $500 bond for his future ee behavior. ; Pi
The court adjourned, ee:

Sova Wartrr.—A soda water Te hiphasoat

Bce advertisement,

nip eet

com,

19% fered fur sale.
-——_— ed

————
Frem Yesterday’s_ ye Edition.

|

$50 for breaking in bis wife's door, and required bin

' Corporation P Proceedings. soa

|

wojoy domed es

* ‘ “,¢ bee Cc bd iho" f

ete e Heatley f ths Gear ia) ig
bee bce Heme bed ear ap el weet “tt e they
Whee yee ul ag BON ete Ere ‘gtr oe

A! pled, . . Ste
Jo.ve Of 6! catcn wat Gat bet a Sacre”

beye
errs Co ro a:

Purtry asp User fis ~The
eet ol MM Pracit aad Beye! sireet«, heed trees
if, tome windew aan.tge, node by Var. -
ae, tinat ar really bea Ot wl wth hee Ue
ein ab Shetn the whole thing wii tgeent

wich auperer they are b) obaet mw Aes of rts
cb we bewsy tail, cake atited be rar wails

» why

pul

a —— ——
‘ye Fine Cas: mere Vente fom Fe
st No. pe anny Be > APRS ees
TE

Caxnyisa Coats to Naw Caste. -
lof imedt that cablagew are teing shipped 3
ry thie we hterally erarry ing coals ta Mow
ran only accomat for 010 the way one Lae %

light, aud canbages sore rub w tts ae, Bea

“We Clothing at wholesale, at No. ee:
Royal sivect.

Fowrs Eatin tTHete Peatmens.— eee
one of the most annoying batitetow ©
mextic fowls are addicte:L It is a mo
petite, apparently ipdaced Ly the 1m
of the fowls under confvement. T
preventives are animal food, raw bone. eS
shelis and charcoal, broken fine, and ::~
of graics, with clean water and ches:
Mevts, Sometimes w parts aar fowl
more inveterate disposition to eat feath
th rested the fleck : it:s best inst
to remove orhiti«neh Josie [grea c:
that thia habit i. orot mdne-d wusie t >
are moulting, xr] thesr pin f-athere
with blood, of Whicu tury are very fy rs

Kiaddere.jaatach, the ve: Get tais Pase.
shetep, 1p which Priesia and Anstric i:
wan gladiators, are advancing to!”
throbe On which i,07:5 Napoteon ir, y~
clad m the toga, and bis brow enz ire 7°
the leurel wreath of the victonions inne
Sie two gladiators hold tLcir sword: ”
im the fashion of fir ancient prs
when about to firbt for the amar
their tyrapnic lords, while provoug* ‘
cminons formula nsed in the Roma “2%
such Gecasions, ‘morituri te salatante se |
perator looks down upon them wath | al
a v hght.

The

We respectiully call the attention ©
who imbibe rather freely to. the!
lines : pai se

ie <.te ene, on acoll grey eine! 5 hie
Wve the sun artes Wot +sina Be ¢ o"
Why looks he sed o> € 0 wetniw bem moe
from a ttle tor muck goa bbe $079

“oft Feaia

President Roberts, of the
eastern frontier, as, accordiug t dot’ fe
will not aid the canse of: Irish in aia
It a lady yawns tive times” ia
young man, you may get your hat.

Lee
Don't find fault, Probably roa
enough withonat finding any more, ~
iy

«

~ Bargains to Retail Dea eo

We have, im store, ex steamer. “]
- Large Consign mont: =

FIRST-CLASS - a0

Suituble ‘for DRY Goons’ MAN,” FANCY,

~ DEALKKS, JEWELERS aad }

> We will close out there Gcots to , Se
oe reill sell the eniase ¢

dnveiie Prices, Peet ert .

This ta a rare chance tur Country

vou -siguiments we do nut intead to pobt 7

hy SY INNERARITY,

60 N.C mmiiree bra

~apty 3

meg py


After 20 years, time runs
out for multiple murderer

By Garry Mitchell
ASSOCIATED PRESS WRITER

~ ATMORE — A five-time killer
condemned for murdering three
people after being refused permis-
Sion to marry a 13-year-old girl
awdited execution in Alabama’s
electric chair Thursday night.
Walter Hill, 62, spent 20 years on
death row — so long prosecutors
and victims advocates had difficul-
ty finding relatives of the people he
killed in Bessemer.
Brenda Thomas of the Jefferson
County district attorney’s victims
services office said she had been
assured through intermediaries
tHat Toni Hammock, the 13-year-
old whom Hill had tried to marry,
still lives in Bessemer but has nev-
er contacted authorities.
’ ‘A new Alabama law permits vic-

‘ tims’ relatives to view the execu-

tion, but none came forward in
Hill’s case.
‘Hill’s execution was set for 12:01

this morning at Holman Prison.
The Alabama Supreme Court and
U.S. Supreme Court refused last-
minute appeals.

Hill spent his final hours visit-

ing with two
nieces and his
wife, Emma F.
Hill of Besse-
mer. A Roman
Catholic priest
and two nuns
also consoled
the inmate,
who had a last
meal of fried
chicken and
Sweet pota-
toes.

Hill was sen-
tenced to die for murdering three
people in the Jefferson County city
of Bessemer on Jan. 7, 1977.

Willie Mae Hammock, 60, was
shot to death after refusing permis-
sion for Hill to wed her 13-year-old
daughter. Hill was an ex-convict in

Hill

his early 40s at the time.

Miss Hammock’s stepbrother,
John Tatum Jr., 36, and Tatum’s
wife, Lois Jean Tatum, 34, also
were slain.

Hill, a native of Jamaica, had a
long history of violence before the
triple killing. He was released from
prison in 1961, after serving 10
years for second-degree murder,
and joined the Jamaican Army,
drawing a dishonorable discharge.

He was subsequently convicted
in federal court of kidnapping and
sentenced to another 14 years in
prison, where he was convicted of
murdering a fellow prisoner. He
was freed in 1975, two years before
the Bessemer killings.

Hill’s first conviction in the
three slayings was overturned be-
cause two potential jurors who
said they did not believe in capital
punishment were excluded from
the panel. Hill was convicted again
and sentenced to die.

AWELT/ SEL.

Wry

y Ae

S72 [1997


_ Thursday, May 1, 1997 3B

» MONTGOMERY

High court refuses
to delay Hill execution

The Alabama Supreme Court re-
fused Wednesday to delay the May
2 execution of Walter Hill, who has
been on death row since 1977 for
three slayings in Bessemer.

The court without comment de-
nied Hill’s request for an applica-
tion for a stay.

Hill’s attorney, Barry Fisher of
Atlanta, could not be reached by
telephone for comment.

The 62-year-old inmate at Hol-
man Prison is scheduled to be exe-
cuted in the electric chair at 12:01
a.m. Friday.

Hill was sentenced to death for
killing three people in Bessemer
on Jan. 7, 1977. Hill shot and killed
Willie Mae Hammock, 60, after she
barred him from marrying her 13-
year-old daughter, Toni Hammock.
He then killed Miss Hammock’s
stepbrother, John Tatum Jr., 36,
and Tatum’s wife, Lois Jean Ta-
tum, 34.


Justice won’t delay execution

THE ASSOCIATED PRESS

A U.S. Supreme Court justice re-
fused Monday to delay the May 2
execution of Walter Hill, who has
been on death row since 1977 for
three slayings in Bessemer.

U.S. Supreme Court Justice An-
thony M. Kennedy denied Hill’s re-
quest for an emergency application
for a stay. The full court also de-
nied a separate appeal by Hill.

Hill is asking the court to. delay
the execution for him to raise new
appeal issues, such as making him
wait 20 years to be executed is
cruel and unusual punishment.

Hill also contends that he is not
mentally competent to be executed
and that his attorneys did not

properly prepare for his second
trial.

Hill’s attorney, Barry Fisher of
Atlanta, could not be reached by
telephone for comment.

Unless courts intervene, the 62-
year-old inmate at Holman Prison
will be executed in the electric
chair at 12:01 a.m. May .

Hill was sentenced to death for
killing three people in Bessemer
on Jan. 7, 1977, after he was denied
permission to marry 4 young teen-
ager.

Hill shot and killed Willie Mae
Hammock, 60, after she barred him
from marrying her 13-year-old
daughter, Toni Hammock. He then
killed Miss Hammock’s stepbroth-
er, John Tatum Jr., 36, and Ta-
tum’s wife, Lois Jean Tatum, 34.


Execution day
arrives for
multiple killer

By Garry Mitchell
Associated Press Writer

ATMORE — A five-time killer condemned for °
murdering three people after being refused permis-
sion to marry a 13-year-old girl awaited execution in
Alabama’s electric chair Thursday night.

Walter Hill, 62, spent 20 years on death row — so
long prosecutors and victims advocates had difficul-
ty finding relatives of the people he killed in Besse-
mer,

Brenda Thomas of the Jefferson County district
attorney’s victims ser-
vices office said she had
been assured through
intermediaries that Toni
Hammock, the 13-year-
old whom Hill had tried
to marry, still lives in
Bessemer but has never
contacted authorities.

A new Alabama law
permits victims’ rela-
tives to view the execu-
tion, but none came for-
ward in Hill’s case.

Hill’s execution was }
set for 12:01 a.m. Friday Ne
at Holman Prison. The AP

Alabama Supreme Court ; we
and U.S. Supreme Court Convicted killer Walter

refused last-minute [ill was to have been
appeals. executed at 12:01 a.m.

Hill spent his final
hours visiting with two nieces and his wife, Emma F. °
Hill of Bessemer. A’‘Roman Cathdlic priest and two
nuns also consoled the inmate, who had a last meal
- of fried chicken and sweet potatoes...

_ Hill was sentenced to die for murdering three
_ people in the Jefferson County city of Bessemer on
Jan. 7, 1977.

Willie Mae Hammock, 60, was shot to death after
refusing permission for Hill to wed her 13-year-old
daughter. Hill was an ex-convict in his early 40s at
the time.

Miss Hammock’s stepbrother, John Tatum Jr.
. 36, and Tatum’s wife, Lois Jean Tatum, 34, also were
’ Slain.

Hill, a native of Jamaica, had a long history of vio-
lence before the triple killing. He was released from
- prison in 1961 after serving 10 years for second-
degree murder and joined the Jamaican Army,
drawing a dishonorable discharge.

He was subsequently convicted in federal court of
kidnapping and sentenced to another 14 years in
prison, where he was convicted of murdering a fel-
low prisoner. He was freed in 1975, two years before
the Bessemer killings.

Hill’s first conviction in the three Slayings was
overturned because two potential jurors who said
they did not believe in capital punishment were
excluded from the panel. Hill was convicted again
and sentenced to die.


"Bessemer, Ala.e = (UP) = A special agent of the Federal Bureau of Investigation openéd today's
session in the rape trial of 2 Washington youths here by reading in circuit court a con=
fession signed by one of them which related the sordid details of a 10-day crime tour of

, states as ‘an aftermath of their escape from a hospital psychopathic ward, The confession,
signed by Daniel Reedy, 19, implicated his companion, Joseph Hockenberry, 20, in a series
of purse snatches, automobile thefts, kidnapping and rape in West-Virginia, Savannah, Gae,
New Orleans, Jackson, Misse, and Birmingham. Fugitives from the mental ward at Gallinger
Hospital in Washington, the 2 were caught near her the night of Feb. 12 after they had
allegedly kidnapped and raped M#X¢XdSKHXE Mrs. John I, Brasher of Birmingham, and left her
in an isolated spot near the city, bleeding and frightened, The prosecution was pressing
the death penalty, while the court-appointed defense counsel indicated that an insanity
angle would highlight efforts to save them from the electric chair. A surprise defense
witness, a Gallinger nurse, was reported to be enroute here to testify, but she had not
appeared when court opened today. After the attack on Mrs, Brasher during which Reedy
said she*was raped, beat and stabbed, Hockenberry was quoted as remarking: 'If*she lives
through this, she's made of cast iron.’ The confession also told of Mrs, Nell Behler,

19, being kidnapped in New Orleans and carried onia 6-day automobile dride through ©
Louisiana,‘ and Mississippi, ending in Birmingham, where she escaped and was picked up by
police, Reedy said he was frightened at Mrs. Bohler's escape and proposed that he and
Hockenberry, armed only with pocket knives, force police to give her up. Hockenberry’
talked him out of the idea, Reedy was quoted." DAILY NEWS, Jackson, Mississippi, April
5,, 19 (K ten-seven. ) . : toe

ma See large card.
HOCKENBERRY ¢ 20 SOUTHERN (2nd) 58% (246 ALA 369); REEDY: 20 SOUTHERN _2nd- 528 (2,6 ALA 528)

HOCKENBERRY, Joseph Fe, and REEDY, Daniel F., whites, eleutrocuted Alabama (Jefferson Co, )
; : on March 16, 1915.

"Birmingham,#las - (UP) - Joseph Hockenberry, one of 2 Washington youths convicted on
charges of raping a Birmingham woman attempted unsuccessfully to commit suicide Saturday
by slashing his left wrist shortly before he was sentenced to death in the electric

chair. Police said Hockenberry had lost considerable blood before jail attendants found
him and a physician called, The suicide attempt was made shortly before he and his come
panion, Daniel Reedy, were takn to a courtroom in nearby Bessemer and sentenced to die for
criminally assaulting Mrs. John I. Brasher here on the night of February 12. A jury had
returned a verdict of guilty as charged Thursday night after 33, hours of deliberation.
Hockenberry, 21, appearing before Circuit Judge Gardner T, Goodwyn, weak from loss of
blood, broke down and begged the jurist to ‘rive me the chair as quick as you cane’

Reedy, 19, however, appeared emotionally unmoved as.sentenced was passed, 'I don't want
an appeal,' he said. ‘Get it over with.' Before attempting to take his life by cutting
his wrist with a razor blade, Hockenberry: wrote a pathetic letter to his mother, Mrs. —
Ge He Hockenberry, nurses! aide in a Washington psychopathic hospital, who testified last
week in her son's defense, describing him as abnormal and delinquent since he was lhe
',.eThey can't understand that I love you more than anything,’ he wrote.' There is nothing
in this whole world that can take you from me, even death,' At one point he said
bitterly: 'There must be some way to kill my master, and the ohly way I know is to die."
Here, authorities believed, he was referring to uncontrollable sex impulses which promi-
nent psychiatrists who @éxamined him had said during the trial had a hold on him, ‘I must
go now, mother,' Hockenberry continued in the letter, 'I have caused you so much sorrow,
too much sorrow, I love you. Oh, I love you so, If only I could kiss you, hold you in my
arms just once, but I must go without this.' Date for execution was uncertain as under
Alabama law all death sentences must be automatically appealed to the state supreme court.
The appeal will be takn to the high court by defense counsel," DAILY NEWS, Jackson, Miss.

April 9, 194k (7/he)

"Bessemer, Ala. - (UP) =~ The M@XMAKXHEXX mother of an accused rapist, desperately striving |
to save her son from death in an Alabama electric chair by convincing a jury that he is |
insane, testified in circuit court here Wednesday that he had been delinquent and abnormal
since he was lh. Mrse Ge He Hockenberry, the parent of Joseph Hockenberry, @2,; who is on
trial with Daniel Reedy, 19, for raping a Birmingham woman, came @@ here from Washington
where she is a nurse's aid at St. Elizabeth's psychopathic hospital, to testify in her

son's behalf, She told the jury of visiting her son at Gallinger hospital in Washington
where he was allegedly under observation for sexual insanity, the day before he and Reedy
escaped from the institution, At that time he told her of his plan to break out, she

said, causing her to warn hospital attaches to post additional guards near his AXBxKXHH

&X section of the building. Mrs. Hockenberry took the stand after the defense had read

into court records statements by two members of the Gallinger staff, Dr. Joseph Gilbert,

its head psychiatrist, and Dr. Amino Peretti, and one by Dr, Claud D, Griffin of St.
Elizabeth's." DAILY NEWS, Jackson, Mississippi, April 6, 19 (2/3=-6&7.)

"Bessemer, Alas = (AP) = Daniel Reedy, 19, and Joe Hockenberry, 21, both of Washington,

De Ces faced a sentence of death in the electric chair Thursday on conviction of raping a
Birmingham matron last Feb. ll. Judge Gardner Goodwyn said following the report of the
jury last night that he would formally sentence the youths Saturday, The circuit court
jury fixed the death penalty after deliberating approximately 34 hours. Defense Attorney
Frank Ball said an appeal would be taken, In addition, death sentences in Alabama are
subject to review by the state supreme court, RwBa¥ Needy and Hockenberry were tried
jointly on charges of rape and robbery in connection with the abduction of Mrs, John Le
Brasher, 37, wife of a filling station operator, as she walked out of a Birmingham restau-
rant while her husband stopped to pay the check, The public was excluded from the courtroom
XX during the course of the trial which opened Monday, and newspaper reporters also were
requested to leave during Mrs. Brasher's testimony," DAILY NEWS, Jackson, Miss., April

6, 194 (1-56)

1018 81 FEDERAL REPORTER, 3d SERIES

and shot her in the back of the head as well.
Hill told Toni, who had witnessed the shoot-
ings, he had “one more to kill.” Hill was
referring to Toni’s 16-year old brother Rob-
ert.

Hill and Toni drove to another house to
get Robert. Robert got into the car with
Hill and Toni, but threatened to jump from
the car when Hill was evasive about their
destination. Hill told Robert he would “put
a bullet in his head” if he attempted to
escape. Hill, Toni, and Robert then drove to
Georgia where their car broke down. At
that point, Robert escaped and returned to
Birmingham where he discovered the bodies
of Ms. Hammock and the Tatums.

After Robert escaped, Hill and Toni
walked into a residential neighborhood in
Decatur, Georgia where they encountered
Lewis Nunnery. Hill and Toni told N unnery
they needed assistance getting their car re-
paired, and Nunnery agreed to help. After
the three of them got into Nunnery’s car,
Hill ordered Nunnery to drive them to South
Carolina. Hill told Nunnery that he was a
fugitive from Alabama who had just killed
three people and would kill again. Hill
warned he would kill the police or anyone
else who tried to stop him.

Hill forced Nunnery on a drive that took
them through South Carolina and Tennessee.
After their car overheated and broke down in
North Carolina, Hill fell asleep and Nunnery
escaped. Nunnery reported his abduction to
the police, and Hill was arrested in the dis-
abled car on the side of the road. Police
found the pistol with which Hill had killed
Ms. Hammock and the Tatums in his pocket.

At the time of his arrest, Hill was 45 years
old and had spent most of his adult life
incarcerated. In 1952, Hill was convicted of
second-degree murder in an Alabama state
court and sentenced to ten years’ imprison-
ment. He was released from custody in
1960, but a year later was convicted in feder-
al court in Alabama of kidnapping and inter-
State transportation of a stolen vehicle. He
received a 25-year sentence for the crime.
While serving that sentence in the federal
penitentiary in Atlanta, Hill was convicted of
stabbing another inmate to death’ and was
sentenced to an additional five years in custo-

dy. Hill was paroled in 1975 after having

Served approximately 13 years of his federal
Sentences. He returned to live in Birming-
ham where less than two years later he
committed the murders for which he is sen-
tenced to death.

B. State Court Proceedings

In October 1977, Hill was convicted jin
Alabama circuit court of capital murder in
the killings of Ms. Hammock and the Ta-
tums. At the time, Hill was represented by
attorneys William Short and Jackie McDou-
gal. Following a sentencing hearing, Judge
Harry Pickens sentenced Hill to death. The
Alabama Court of Criminal Appeals reversed
the conviction after finding the prosecution
had improperly used “for cause” challenges
to strike death-scrupled jurors in violation of
Witherspoon v. Illinois, 391 US. 510, 88
S.Ct. 1770, 20 L.Ed.2d 776 (1968). See Hill
v. State, 371 So2d 64, 67 (Ala.Crim.App.
1979).

Hill was tried a second time for capital
murder before Judge Pickens beginning on
August 21, 1979. At his second trial, Hill
was represented by McDougal and Robert
Boyce. Hill was again convicted of capital
murder, and Judge Pickens conducted a sen-
tencing hearing on September 14, 1979, at
which he orally sentenced Hill to death.
Judge Pickens died before he could enter a
signed sentencing order.

Thereafter, Judge Gardner Goodwyn as-
sumed Hill’s case. Judge Goodwyn held a de
novo sentencing hearing on February 19,
1980, to determine whether Hill should be
sentenced to death or life without parole. In
preparation for this hearing, Judge Goodwyn
read the transcript of Hill’s second guilt-
phase trial in Judge Pickens’ court. Follow-
ing the hearing, Judge Goodwyn made sepa-
rate findings of fact concerning relevant ag-
gravating and mitigating circumstances.
Judge. Goodwyn found the evidence sup-
ported three statutory aggravating circum-
Stances: (1) the murders were “especially
heinous, atrocious or cruel,” (2) Hill knowing-
ly created a “great risk of death to many
persons,” and (3) Hill had been convicted of
several prior violent felonies. Finding no

mitigating circumstances, .
sentenced Hill to death.

Represented by McDouga
appealed his second convic
sentence to the Alabama C:
Appeals. The appeals court
conviction citing Beck v. Ak
625, 100 S.Ct. 2382, 65 L.E
where the Supreme Court |
tional a portion of the Alaban
statute under which Hill was
v. State, 407 So.2d 567 (Ala.
The Supreme Court of Alab:
tiorari. Hill v. State, 407
1981). Neither McDougal n
sented Hill in any proceedin;
tion for certiorari in the Al:
Court.

The State of Alabama petit
ed States Supreme Court for
ing the Beck decision did not
conviction and sentence. On
the Supreme Court vacated a:
light of Hopper v. Evans, 45
S.Ct. 2049, 72 L.Ed.2d 367 (1
v. Hill, 457 US. 1114, 102
L.Ed.2d 1325 (1982). After r
bama Court of Criminal Ay
Hill’s conviction and sentence
455 So.2d 930 (Ala.Crim.App.1
bama Supreme Court affirr
Hill, 455 So.2d 938, 939 (Ala
United States Supreme Court
rari. Hill v. Alabama, 469 l
105 S.Ct. 607, 608, 83 L.Ed.
On his final petition to the
Supreme Court on direct app
ney Alan W. Howell represent:

On December 5, 1985, How
tion for writ of error coram -
behalf in the Circuit Court
County, Alabama. The petiti
one claim: that the prosecutio
culpatory evidence from Hill’s
violation of Brady v. Marylan
83 S.Ct. 1194, 10 L.Ed.2d 21
January 21, 1987, Circuit Jud;
rett held an evidentiary hea
Brady claim. Judge Garret
claim by written order. The /
of Criminal Appeals affirmed,

1. Temporary Rule 20 is now coc


having
ederal
rming-
ter he
is sen-

ted in
rder in
she Ta-
ated by
McDou-
, Judge
h. The
eversed
secution
allenges
lation of
510, 88
See Hill
-im.App.

> capital
ining on
rial, Hill
1 Robert
of capital
ed a sen-

1979, at
70 death.
jd enter a

dwyn as-
held a de
ruary 19,
should be
arole. In
Goodwyn
ynd_ guilt-

Follow-
yade sepa-
‘evant ag-
umstances.
ence sup-
ig circum-
“especially
ll knowing-
h to many
onvicted of
7inding no

HILL v. JONES 1019

Cite as 81 F.3d 1015 (11th Cir. 1996)

mitigating circumstances, Judge Goodwyn
sentenced Hill to death.

Represented by McDougal and Boyce, Hill
appealed his second conviction and death
sentence to the Alabama Court of Criminal
Appeals. The appeals court reversed Hill’s
conviction citing Beck v. Alabama, 447 USS.
625, 100 S.Ct. 2382, 65 L.Ed.2d 392. (1980),
where the Supreme Court held unconstitu-
tional a portion of the Alabama death penalty
statute under which Hill was convicted. Hill
vy. State, 407 So.2d 567 (Ala.Crim.App.1981).
The Supreme Court of Alabama denied cer-
tiorari. Hill v. State, 407 So.2d 567 (Ala.
1981). Neither McDougal nor Boyce repre-
sented Hill in any proceeding after the peti-
tion for certiorari in the Alabama Supreme
Court.

The State of Alabama petitioned the Unit-
ed States Supreme Court for certiorari, argu-
ing the Beck decision did not invalidate Hill’s
conviction and sentence. On June 14, 1982,
the Supreme Court vacated and remanded in
light of Hopper v. Evans, 456 U.S. 605, 102
S.Ct. 2049, 72 L.Ed.2d 367 (1982). Alabama
vy. Hill, 457 US. 1114, 102 S.Ct. 2920, 73
L.Ed.2d 1325 (1982). After review, the Ala-
bama Court of Criminal Appeals affirmed.
Hill’s conviction and sentence. Hill v. State, *
455 So.2d 930 (Ala.Crim.App.1984). The Ala-
bama Supreme Court affirmed, Ex parte
Hill, 455 So2d 938, 939 (Ala.1984), and the
United States Supreme Court denied certio-
rari. Hill v. Alabama, 469 U.S. 1098, 1098,
105 S.Ct. 607, 608, 83 L.Ed.2d 716 (1984).
On his final petition to the United States
Supreme Court on direct appeal, only attor-
ney Alan W. Howell represented Hill.

On December 5, 1985, Howell filed a peti-
tion for writ of error coram nobis on Hill’s
behalf in the Circuit Court. of Jefferson
County, Alabama. The petition raised only
one claim: that the prosecution withheld ex-
culpatory evidence from Hill’s trial counsel in
violation of Brady v. Maryland, 373 US. 838,
83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). On
January 21, 1987, Circuit Judge James Gar-
rett held an evidentiary hearing on Hill’s
Brady claim. Judge Garrett denied the
claim by written order. The Alabama Court
of Criminal Appeals affirmed, Hill v. State,

1. Temporary Rule 20 is now codified as Rule 32

541 So2d 83 (Ala.Crim.App.1988), and the
Alabama Supreme Court denied certiorari,
Ex parte Hill, 562 So.2d 315 (Ala.1989).

On petition for certiorari to the United
States Supreme Court, Hill argued for the
first time that his death sentence rested on
the “especially heinous, atrocious or cruel”
aggravating circumstance which had been ap-
plied in an unconstitutionally vague manner
in violation of Godfrey v. Georgia, 446 US.
420, 100 S.Ct. 1759, 64 L.Ed.2d 398 (1980)
and Maynard v. Cartwright, 486 US. 356,
108 S.Ct. 1853, 100 L.Ed.2d 372 (1988). The
Supreme Court denied certiorari on October
2, 1989. Hill v. Alabama, 493 U.S. 874, 110
S.Ct. 208, 107 L.Ed.2d 161 (1989).

In March 1990, Hill filed a second petition
for collateral relief in the Alabama trial court
under Rule 20 of the Alabama (Temporary)
Rules of Criminal Procedure.’ In his peti-
tion, he listed twelve claims, including the
Brady claim denied in his 1985 coram nobis
petition. He also raised for the first time
claims of ineffective assistance of trial and
appellate counsel. Without holding an evi-
dentiary hearing, Judge Garrett dismissed all
but the Brady claim as barred under Ala-
bama’s “successive petition rule” codified in
Temporary Rule 20.2(b). As for the Brady
claim, he found it factually insufficient and
concluded Hill was attempting to reargue an
issue previously litigated in the 1985 coram
nobis petition.

C. District Court Proceedings

Hill, represented by attorneys Howell and
Oliver Loewy, filed a petition for habeas
corpus in the district court for the Northern
District of Alabama on April 12, 1990. On
April 17, 1990, the district court ordered Hill
to make any amendments adding new claims
to his petition within 30 days. -Hill filed his
amended petition by the deadline, asserting
seventeen grounds for relief. In its answer,
the State of Alabama (the State) countered
that most of Hill’s claims, including those
alleging ineffective assistance of. counsel,
were procedurally defaulted under Alabama
law. Hill responded to the State’s procedur-

of the Alabama Rules of Criminal Procedure.


David Kevin Hocker has confessed to capital murder
and has waived his right to appeal his death sentence
He is scheduled to die by lethal injection on Thursday

By Mark RANDALL
Eagle Staff Writer

Dothan man convicted of murdering his

employer in the woods near Headland and

using his debit card to obtain money is set
to die by lethal injection Thursday after less than four
years on death row.

David Kevin Hocker, who was convicted in Octo-
ber 2000 of capital murder and sentenced to-die for the
March 1998 stabbing death of Jerry Wayne Robinson,
will be executed on Thursday by lethal injection at
Holman Correctional Facility in Atmore. Hocker
waived his right to
appeal his conviction | : ral
in 2002 and has been NSIae
waiting on death row yl i
to die for four years. Hocker’s handwritte

Hocker will be fessi o Attor
only the third man COHLession to /Attorn

from Houston Coun- (general Bill Pryor
ty executed. The last

man executed from 10 A
Dothan was Herbert .
Richardson on Aug. 18, 1989 for the pipe bombing
death of Rena May Collins.

“Justice for the Robinson family is coming,” saicl
Houston County District Attorney Doug, Valeska. “Fe
did it. He wants to be held responsible. That mearis
paying with his life.”

Hocker was employed by Robinson, who owned
Webb Detailing, when the murder took place. He had
a history of brushes with the law. On the day of the
stabbing Robinson and Hocker went to a Dothan
hardware store to buy materials to build a dog pen.
Hocker lured Robinson to Headland where he
planned to rob him by asking him to drive him there
to pick up a microwave. Hocker was living in a down-
town Dothan motel at the time and didn’t have a car.

See FINAL DAYS, page 10A

PHOTOS BY ATMORE PRISON

lew of the execution chamber at Atmore Maximum Security Prison.


ee eS oe Oe le OO OP ee ee ae

Penalty

Continued from 1-A

He also compiled an
extensive juvenile criminal
record.

Hocker has also faced sev-
eral misdemeanor and felony
convictions as an adult and
was serving a life sentence in
prison as a habitual offender
when a jury found him guilty
in August of capital murder
for stabbing Robinson in the
chest and then brutally beat-
ing him.

“After dragging Robinson’s
body into a wooded area
near a field in Headland,
Hocker took Robinson’s
truck and debit card, which
he used to make cash with-
drawals. He later spent the
money to buy $300 worth of
crack cocaine.

Hocker’s attorney,
Michael Crespi, argued
against the death penalty for
his client, asking Anderson
to find Robinson’s death
wasn't especially heinous,
atrocious or cruel compared
to other death penaity cases.

“We feel that a sentence of
life in prison without the
possibility of parole would
be an appropriate sentence,”
Crespi said.

District Attorney Doug
Valeska pointed out the other
injuries ‘Hocker inflicted on
Robinson after breaking the
knife off in his chest, includ-
ing several kicks to his face.

“This case calls for the
death penalty based on the
law,” Valeska told Anderson.
“Individuals like Hocker
should be put to death.”

Hocker turned himself in
to authorities in Mobile
County two days after
Robinson’s murder and later

in court, Hocker even admit-
ted to killing Robinson.

At the time of Robinson's
death, Hocker had been
working for Robinson for
three months. Hocker was
living in a downtown Dothan
motel and didn't have a car.
On the day of the stabbing,
Robinson and Hocker went
to a Dothan hardware store
to buy materials to build a
dog pen.

Investigators later learned
Hocker had planned to kill
Robinson at his office that
day, but didn't do it there
because someone else was at
work.

Hocker lured Robinson to
Headland by asking him to
drive him there to pick up a
microwave.

Hocker admitted killing
Robinson, but claimed he did
it because Robinson had
made sexual advances
toward him. Crespi said
when Hocker was a teen-
ager, he had been the victim
ot a sexual assault committed
by an adult male, who later
pleaded guilty to the crime.
This information was never
presented to the jury, howev-
er.

Three witnesses, who tes-
tified during the trial, refuted
Hocker's claim about Robin-
son being a homosexual.

Hocker never showed any
visible signs of remorse for
killing Robinson, but Hock-
er’s mother, Pat Yeomans,
approached several members
of ‘Robinson's family during
the trial and offered apolo-
gies for what happened to
Robinson.

Yeomans said her son had
an uncontrollable rage and
his family “foresaw a disas-
ter coming for a long time,’
but law enforcement agen-

|

Waa wl pe bod =

ax
OGTOBEP.,, 2000

{ ‘ cea

David Kevin Hocker
walks to be put into a
sheriff's department
car outside the
courthouse in
Abbeville Friday.

}

KENDALL CLINTON/EAGLE

SATURDAY

BLUR. gts ottessey

By ICENDALL. CLINTON
Eagle Staff Writer

ABBEVILLE — A man sentenced Friday
to die in the electric chair for killing his
boss has a long history of violent behavior,
including an incident in which he allegedly
held his mother hostage at knife-point for
six hours while demanding money,

reese

hefore droppin

Kevin Hocker stabbed Jerry Robinsor

ese
snes gunna
anny (sateen :

i

This detail and many other facts about
30-year-old David Kevin Hocker were
included in a pre-sentencing investigation,
Which Circuit Judge Larry Anderson quot-
ed in court before following the jury's 10-
to-2 recommendation to execute Hocker for |
the 1998 murder of Jerry Wayne Robinson..

According to the pre-sentence investiga-
tion, Hocker’s personal and legal problems:

Vv

50 GENTS.

sgn ntti Gs IANO HE
RTE ,

g out in

=
‘Please see Penalty, 5-A

EAGLE FILE
David Hocker is led into the Henry County
Courthouse in this March 1998 file photo.
Hocker was sentenced to death for the murder
of Jerry Wayne Robinson and is scheduled to
die by lethal injection Sept. 30. -

David Kevin Hocker waives
right to appeal in his

capital murder conviction

By MARK RANDALL
Eagle Staff Writer

A Dothan man convicted of murdering his employer
in the woods near Headland in 1998 and then using his
debit card to obtain money to buy drugs will die by
lethal injection in September.

The Alabama Supreme Court on Monday set a Sept.
30 execution date for David Kevin Hocker. Hocker
waived his right to.appeal his capital murder conviction
last year. He thas been waiting on death row at Holman
Prison in Atmore since 2000.

Assistant Alabama Attorney-General Clay Crenshaw

said it is unusual for a convicted felon on death row to

waive his right to appeal a capital sentence, but Hocker
repeatedly told his office he didn’t want an attorney and
wanted to be executed for his crime. .

“He's been pretty consistent in writing letters to us,”
Crenshaw said. “He waived his appeals because he did
it and he said he wanted to tell the truth about what hap-
pened and acknowiedge the horrible act that he did.”

Hocker was convicted in October 2000 and sentenced
to death for the March 1998 stabbing death of Jerry
Wayne Robinson. Hocker was employed by Robinson,
who owned Webb Detailing when the murder took
place. Hocker, who had a history of brushes with the law,
was living in a downtown Dothan motel and didn't have
a Car.

On the day of the stabbing Robinson and Hocker
went to a Dothan hardware store to buy materials to
build a dog pen. Hocker lured Robinson to. Headland
where he planned to rob: him by asking him to drive him
there to pick up a microwave.

See EXECUTION, Page 3A


Hocker’s mothe

prepared for execution

By CARLA CROWDER
The Birmingham News

GORDON — An odd mix of keep-

sakes. covers the mother’s kitchen:

counter: newspaper clippings of her
little blond son modeling ‘80s clothes,
police reports from the fimes he stole
her checks and jewelry, a receipt from
a psychologist, nis letters from Death
Row.

This sad paper trail is all Patricia

Yeomans will have left of her son after
Thursday. That's
when David Kevin
Hocker, 33, is
scheduled to be
executed for
killing his boss,
Jerry Robinson,
then stealing the
man’s truck and
bingeing on crack
cocaine.

Yeomans _ lives
at the southeastern
tip of Alabama near Dothan, on land
dotted with miniature horses. They
are squat, cute, almost comical. Doc-
tors suggested antidepressants for
her.

She chose horses instead, and has
found them more predictable and
manageable than children. Her
daughter is a successful speech
pathologist, her sor a killer.

‘These are just all my kids,” she

Hocker

THE ASSOCIATED PRESS.
Patricia Yeomans talks on her
farm near Gordon Sept. 24.
She is the mother of David
Kevin Hocker, 33, scheduled to
be executed today.

said, cuddling a horse shorter than a
Doberman. “And I can just love ‘em,
love ‘em, love ‘em, and they don’t
care about all our problems.”

All week, she’d been calling funer-
al homes to take care of her son’s
body. Hocker worked for Robinson in
his steel detailing business. In March
1998, he lured Robinson to a rural
area under the guise of picking up a
microwave.

Hocker then beat his boss before
stabbing him to death and stealing his
truck. He initially told police Robin-
son made sexual advances toward
him, and that’s why he killed him.

Ses HOCKER, Page 66


Investigators later
learned Hocker had planned
to kill Robinson at his office
that day but didn’t do it
because someone else was at
work in the office that day.

Hocker admitted to a
Henry County judge to
killing Robinson during his
first appearance in court, but
during his trial claimed he
did it because Robinson had
made sexual advances
toward him. Three witnesses
who testified during the trial

refuted Hocker’s claims
about Robinson being 4
homosexual.

A presentence investiga-
tion revealed Hocker had a
history of violent behavior
dating back to his early
childhood which was filled
with physical and emotional
abuse by his tather, who
committed suicide when
Hocker was 8 years old.

Hocker’s appeal of his
capital murder conviction
was rejected in April 2002 by
the Alabama Court of Crimi-
nal Appeals. He later made
peace with God, apologized
for his actions and repudiat-
ed his earlier claim that
Robinson had made unwant-
ed sexual advances toward
him as untrue.

Houston County District
Attorney Doug Valeska said
Hocker’s actions were
deserving of the death penal-
ty and that he has admitted
what he did and is ready to
accept his punishment.

“Hocker is guilty,” Vales-

erate obinson’s. family
years ago ior her son’s
actions, said she takes com-
fort in the fact that orison ~
turned her son's life around.

“T have a wonderful son
now. I am just thankful. tor
that,” Yeomans said. “Had
he been out on the street |
don’t know if we would
have been able to turn him
around unfortunately.”

Execution is set for 6 p.m.
Sept. 30.

Brian Corbett, ian
for the Alabama Department
of Corrections, said Hocker

a

will be moved to a special
holding cell near the execu-
tion chamber the Tuesday

4
before he is set to receive
‘¥.

allowed to receive. visitors
and take phone calls the day
of the execution.

“We will remain in that
cell up until execution time
except for visitation time,”
Corbett saic.

nesses to be present

the execution including
members of the victim’s
familv. Hocker will be

allowed to have up to three
witnesses if he chooses, Cor-
bett said. Valeska indicated
he will be present at Hock-
er’s execution.

Alabama’s
was on Aug. 5.

The last man
from Dothan was it
Richardson on Aug. 15,
for the murder ot Rena
Collins.

Eagle Staff Writer Mark
Randall can be reached at
mirandall@dothaneagie.com of
712-7961.


Life
on
death
row

By Mark RANDALL
Eagle Staff Writer

When convicted murderer
David Kevin Hocker is led from
his cell on Alabama’s Death Row
to the death chamber on Thurs-
day it won't look anything like a
Hollywood movie.

He won’t be taking a long
walk down the cell block with a
sympathetic prison guard, the
warden, and a preacher walking
behind him as he catches final
respectful glances from the other
inmates on Death Row clanking
on the bars as he passes. He
won't be eating filet mignon and
lobster for his final meal. And
there likely won’t be a mass scene
outside of clashing protesters.

“Forget Hollywood and what
you See in the movies,” said Brian
Corbett, spokesman for the
Alabama Department of Correc-
tions. “It doesn’t happen that
way.”

Instead, Hocker will be moved

Be

Uauedt a Bie ie rll! Ween ed _. ‘

A cell at Atmore Maximum Security Prison.

from his regular cell on Death
Row on Tuesday to a special
holding cell located next to the
death chamber where he will be
placed under a 24 hour watch.

“It’s a few feet away from the
death chamber itself,” Corbett
said. “Really the only difference
will be that the cell he will be in
will be larger and have a shower
in that particular cell which he
doesn’t have otherwise.”

Hocker, who was convicted of
capital murder in October 2000
for the March 1998 stabbing
death of his employer, Jerry
Wayne Robinson, will be put to
death by lethal injection at 6 p-m.
on Sept. 30 at Holman Correc-
tional Facility in Atmore.

He will be only the third man
from Houston County and 29th
person in the state since the
courts upheld Alabama’s death
penalty statute in 1983 to receive
the ultimate penalty imposed by
the state.

Corbett said Hocker will be
allowed visitors and to make
phone calls until 4:30 p.m. He
will also be allowed to take a
shower the day of his execution if
he chooses and will be granted a
special last meal — as long as it is
something the kitchen has on
hand, and to have a spiritual
advisor present at the time of
death if he wants one.

See DEATH ROW, page 6A

DEATH PENALTY EXECUTIONS BY STATE

There are 12 states with no death penalty. From January 17, 1977 to

Executions from
Jan. 17, 1977 to

in comparison:
July 15, 2004 [

[| No Death
Penalty Law

Source: www.deathpenaltyinfo.org

July 15, 2004, Texas had the most execution with 323. The other states

EAGLE GRAPHIC

Officials say -
death penalty

a deterrent

By Mark RANDALL
Eagle Staff Writer

Doug Valeska has heard the
comments before. Critics of the
death penalty and family mem-
bers of the people he sends to jail
have been accusing him of being
bloodthirsty, merciless, and of
having no heart for years. He’s
even had members of his own

faith, the Catholic church, criti-

cize him for seeking the deai
penalty.

He gladly pleads guilty to tl
latter. It’s true, he'll tell you.
doesn‘t have a heart when it come
to seeking the death penalty.

But it’s not out of a desire |
see someone else die. It’s becaus
he has seen first hand over his 2
year career the pain and anguis
and the ruined lives left behin
on the families of the victims. It
a part of the criminal justice sy:
tem most people don’t ever ge
to see.

See DETERRENT nono GA

|
execution
appears
a ri =
imminent
l@ Larry Gene Heath was
~ convicted in the murder-
_ for-hire of his pregnant —
wife st
By MARY ORNDORF

Staff Writer °°: :

,ATMORE — With the count-
down measured in minutes
instead of years, Alabama death
row. inmate Larry. Gene’ Heath’s
punishment appeared imminent
Thursday night. |

*The 40-year-old spent his last

10 years at Holman; Prison* for -

“the 1981 murder-for-hire death
of his pregnant wife. As prison
officials prepared for his death

in the electric chair one minute’

after midnight, Heath planned to
spend his last 120 minutes of vis-

iting time with his second wife, |

Shelby, a prison spokesman said.

“Heath had 18 visitors Thurs-
day, including his wife, parents,
a brother, a young nephew, two

!

attorneys and several friends.

. Scheduled to be in the witness
room at the inmate’s request are
Steve Bright, Heath’s Atlanta
defense attorney, and the Rev.
Buford Lipscomb, a Fairhope
minister who earlier opposed the
execution. Four news reporters,
Holman’s chaplain and Depart-
ment of Corrections representa-
tives also will be present.

;Corrections spokesman John
Hale said Thursday night that
visitation will be allowed until]
about 10:30 p.m., when final pre-
parations will begin. An open

telephone line with the gover- |

nor’s office also is kept for the
Possibility of clemency.
Gov. Guy Hunt earlier denied
clemencv requests.

;Heath himself tolq a

Fe ° ne -

He earlier he was prepared fev
r€ execution and no last-minute

tna were attempted.

“Re €cca McGuire Heath

Was shot inthe head and killed

nant and Carrying a 9-
ounce male fetus when her nad

the shired killers

: Charles EF, 0
Leceived life Sentences, — wens,

‘Heath, recent]
-Preacher by ay, ordained as a

ruary 1982 and was Sentenced to

Jife in prison, But 11
-€T, a Phenix City j ponths lat.

Was expecting to
$120,000 off life fisitac :
eath.

*;'!The IMmmMate marrj

ie ried §S

eee aaa essistant Office my
4 Birmingham insur.

‘company, while Serving on death

; Holman Prison spokesman

—___

iediond. a te a

We are writing in response to
the letter from Dr. and Mrs.
Jack Cumbee which appeared in
the March 16 Advertiser. That
letter leaves certain miscon-
ceptions which should be cor-
rected.

It has been more than 10 years
since our daughter, Becky
McGuire Heath, was kidnapped
from her home and murdered.
Larry Heath, her husband, had
hired Becky’s killers and paid
them with money he obtained
from a home-improvement loan
on which Becky co-signed.’ At
the time of her murder,: Becky
was nine months pregnant with
their second child.

Further, at the time of Becky’s
murder, Larry Heath’ was
engaged in an extramarital
affair with a woman to whom he
was secretly engaged to be mar-
ried. In fact, Heath had already

printed for their wedding. After
Becky’s murder, we discovered a
total of $120,689.53 in life insur-
ance on Becky; Larry Heath was
the beneficiary of most, if not all,
of these policies.

While space does not permit a
discussion of all of the facts sur-
rounding Larry Heath’s kidnap-
ping and murder of our daugh-
ter, it is sufficient to say that this
crime was diabolically cold and
meticulously calculated in na-
ture, and that the efforts to
which Larry Heath went to
arrange and ensure Becky’s
death were extensive. Larry
Heath confessed to Becky’s kid-
napping and murder the day af-
ter her funeral and, since that
time, has never denied his guilt.

As the Cumbees state, Larry
Heath received a sentence of life
imprisonment in Georgia for
Becky’s murder. However, the
Cumbees failed to say that Heat-
h’s Georgia sentence followed a
plea of guilty. What the Cumbees
also did not mention is the fact
that the very issue that they
assert is a violation of Heath’s
constitutional rights is the issue
which led to this case being
heard by the U.S. Supreme
Court. The Supreme Court,
which is the final authority as to
the constitutionality of a partic-
ular act, held that both Georgia
and Alabama _ could lawfully
prosecute Heath. While the
Cumbees believe that constitu-
tional error occurred, the U.S.
Supreme Court did not agree.
Heath lost on this issue’ more
than six years ago. ,

At the time this letter is being
written, the constitutionality of
Heath’s conviction and death
sentence has been reviewed by
32 state and federal judges, and
has never been set aside at any
time during almost nine years of
continuous judicial review. Any
argument that Heath’s death
sentence is not constitutional is
) not supported by the facts.

- Likewise, there is no doubt
that Larry, Heath is. guilty of

\

DUERTSER , Hy

Worle (4

arranged to have _ invitations.

Death Sentence Proper For Heath

Tell It To
Grandma

Becky’s murder. In fact, Heath
has never denied his guilt since
he confessed four days after
Becky was kidnapped and mur-
dered. Guilt is not an issue in
this case, and there is no doubt
that Becky and her child would
still be alive but for Heath’s de-
termined efforts to arrange her
death for his own selfish rea-
sons. Such a crime deserves no
punishment less than death.
While the Cumbees imply that
Larry Heath has changed his life
while in prison, even if that is
true, that does not diminish the

unspeakable horror of Heath’s

crime: the murder of his wife
and unborn son. If Heath has in
fact changed his life, then that is
good. However, that does not
make him innocent of the crime
which he committed. While we
too believe that all life is sacred,
there are some individuals from

whom society must protect itself. -o

Larry Heath falls into that cat-
egory. As unfortunate as it is,
cases such as this one cannot be

punished by anything other than

the ultimate penalty.

However, to equate the execu-
tion of Larry Heath with his
crime, the murder of an innocent
woman and their unborn child,
is outrageous. Larry Heath could
have chosen not to commit the
acts which resulted in his death
sentence; Becky and her child
had no choice.

HOWARD McGUIRE
SANDRA McGUIRE
Pine Mountain, Ga.

Magic

I have learned Latin, Greek,
and Swahili. I can even read the
ingredients from a can of Beefa-
roni without stuttering, buf
there is one question I cannc
figure out: Why is Magic Johnsr
such a hero? :

Maybe I misunderstand
numerous newspaper art’
and television segments re
ing around this star. I th
Earvin “Magic” Johnso
forced to retire from pro
al basketball because h
HIV positive, which
there is a cure found, i’
guarantee that he wi’

AIDS. I also thoug’
“Magic” say he har
relationships with -
share of women.
the red carpet, ’
new hero!

Now.-that th’
end”’ is help
AIDS, he is
but I belie’
my know!
likely to
no cure

[4

/ean to help find a cure. And I
‘often wonder how much money
‘this multi-million dollar man has
+ donated to the cause.

{ I also wonder how much
‘attention we would have given to
‘the 12th best player on the Min-

.inesota Timberwolves’ team in
‘these same circumstances. And,
‘like Martina Navratilova points
,out, how would we look upon a
‘female athlete admitting numer-
,ous sexual encounters?

_ Am I denying that Earvir
Johnson is one of the greate’
players in basketball’s 100-ye
history? Or that his efforts
\AIDS research are sincere?
‘But how is it that we can ¢
look his sexual practices,
elevate him, now, far abov
level of notoriety he ac
while breaking records a’
ning championships?
«night, he is on some spo .
~ nel, whether he is mee
«the president, or takir
out for ice cream.
“™ “Magic” himself
,,, blamed for his nev
larity. It is our bac’
that now has Mr.
‘» pedestal.

We all know
deals unwanted
ade should fol’
someone plan!
and handpick

In cases s)
sadly made

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ery Advertiser THURSDAY, MARCH 19, 1992.

said the governor had not re-
ceived either of the latest re-
quests, but added: “The decision
was made by the jury and judge
in the case. The governor is not
going to alter that decision.”

Heath was arrested four ‘days

after the killing and confessed
his role. 4 ce

Heath was sentenced to die for
the Aug. 31, 1981, gunshot Slay-
ing of his 21-year-old wife, Re-
becca McGuire Heath, who was
nine’ months pregnant. Pros-
ecutors said Heath got her to co-
sign a loan and then used the
money to pay

Execution

Continued from 1A

The state attorney general’s
office said it did not know wheth-

er the Phenix City man would try
to block his trip to the electric

chair, set for 12:01 a.m. Friday. ae Meee a
z) Heath pleaded guilty to‘ mur-
An attorney for ath, Ste- abduct and kill der in LaGrange éa Gn Feb. 10
phen Bright of Atlanta, did not hor Jorhat tae?
return telephone calls about 1982, and was sentenced to life in
Whether an appeal was planned. Heath was prison in Georgia. In January
Mr. Bright, Heath’s parents and secret ly 1983, a jury in P henix City con-
other relatives visited the inmate eng aged to victed him of capital murder in
Wednesday at Atmore’s Holman Marry another fee and a judge sentenced
Prison, said’ prison spokesman woman, and he nae Ole. : Se
also stood to Gregory Lumpkin and Charles

Charlie Bodiford.

Of the eight Alabama inmates
put to death since 1983, when the

. Owens are serving life terms
for the actual killing. Mrs. Heath
was abducted from the couple’s

make as much
as $120,000 off

: . Heath
f life insurance
state resumed executions, none : : : Wa fal
“damaty: ‘ lici is wife, prosecutors home in Phenix. City, and her
County, Ga., near LaGrange. i

flurry of appeals. The U.S. Su-

Preme Court refused to review
Heath’s case on Jan. 27.

In a jailhouse interview earlier
this month, Heath said he was
prepared to die.

Meanwhile, the Birmingham
woman who married Heath four
years ago while he was on death
row issued a statement pleading

“with Gov. Guy Hunt'to change his

‘mind about refusing clemency.

-y, Don’t arbitrarily make a deci-
sion based on law. Please pray
about it,” said’. the statement
from Shelby Heath, released at a.
news conference outside. . Hol- .
man, “I' ask
per justice with mercy.”

‘ would

During the prison news confer-
ence, about 90 ministers and
church leaders released a peti-
tion Supporting Heath, whom
they said is now a committed
Christian ministering to other
death row prisoners. They again
asked Gov. Hunt. to commute
Heath’s sentence to life without
“DAL C yi. seni. wcrensriags HP Hse pe She ty

“Leaving Larry in the prison
instead of executing. him. will
benefit, ‘not hurt, society. Larry
move to the general pris-
on population to minister to
other prisoners for the rest of his

you humbly to tem- * life,” the statement said.

Hunt spokesman Terry Abbott

_ Heath’s current wife said her

husband, whom she met through
her work with a prison ministry,
“led me to Christ, and won’t let
me despair, no matter what hap-
pens.” a

“I married Larry because I
loved him and I believe in him. I
know he is a different person
thar the one who killed Becky,”
said Mrs. Heath. ‘Though we
have never shared a home, he.
has brought me joy ever since I
met him.”

Wallace Norrell Thomas was
the last inmate executed in Ala-_
bama. He was put to death July.
13, 1990, for a 1976 murder, :

fe SAAT 8A NE Om NE Ne Bee? OD 80 aes

EAGLE, dothau Ae

oO Hunt won’t block execution

MONTGOMERY — Gov.. ae Hunt rejected a
clemency nee Tuesday for death row inmate Larry
Gene Heath, who said he is ready to die Friday for
hiring two men to kill his pregnant wife in 1981...

Hunt’s refusal came a day after ‘a group of
ministers asked the governor — himself a Primitive
Baptist preacher — to spare ‘Heath’s life.

Asked in a recent interview whether he was read

to be put to death in Alabama’s electric chair, Hea

responded: ‘‘Sure.’’ His execution is scheduled for
12:01 a.m. Prey at Holman Prison.

: ae ile Ss Wireg}

. -— = yO.


ate et ae ee sate pencktd

Birmingham (Alabama) News

State prison
chief weeps
as Heath
put to death

By Carol Robinson Warren
News Staff writer

ATMORE — Condemned wife-
killer Larry Gene Heath died in Ala-
bama’s electric chair early today
after driving the prison commis-
sioner to tears with his parting
words. a

“You seem to distance yourself
from what's going on here tonight,
and I’m not so sure that’s the right
thing to do,” Heath said to Commis-
sioner Morris Thigpen, who is knowh
to be disturbed by executions and
who openly cried throughout this
morning's execution. “(But) I love
you just the same.” ‘i

Heath, upbeat and eager to make
a final statement, addressed Thig-
pen along with warden Charlie
Jones, his attorney, his pastor and
reporters before his death at -Hol-
man Correctional Facility. bes:

He prayed for forgiveness and-¢n-
couraged the pursuit of Christianity
among those present. ‘te

Finally, the newly ordained min.

ister and self-styled “Apostle: -of
Death Row” asked the 11 people-in

the witness room, along with the éx- |
tion t in t mber’:::
be OPey witntn the death chamber,’ Death Row last supper. Earlier in

te pray with him during one lasf $er-
mon. “os
“Father, I ask that you grant:me
mercy and that you welcome. me,
welcome me -home,” Heath sald.
“I've lived for this. I ran the course
and finished the race and I know
what the prize is.” %.
Ifeath became the 162nd person
die in Alabama's electric chairsince
1927, wit
Heath, 40, was convicted of ‘the
1981 contract killing of his 21-year-
old wife, who was nine months preg-
nant. Rebecca McGuire Heath was
shot in the head and left ina carona
roadside near LaGrange, Ga. Her
acborn baby, an 8-pound, 2-ounce
hos to be named Hayden Hodnett

bhae at}
eae |

Nootlea dred.

sod teenager, Mrs. Heath suf-
el tron cocurving nightmares of

March 20, 1992

dying at a young age, according to}

, ppblished reports. In the dreams,
she saw a man walk up, point a
: at her head and pull the trigger. She
‘died from a bullet wound to the
head.
-_» The family of the dead woman is-
.sued a statement following Heath’s
‘execution, which cecurred about
1:12:15 a.m. The statement described
. Heath, their former son-in-law, as a
_ cold, calculating murderer.
‘“We say to you that on Aug. 31,
1981, Becky McGuire Heath paid
the ultimate price for love,” the
‘statement said. “On March 20, 1992,
Larry Gene Heath paid the ultimate
price for murder.”
“Tt has been a long and agonizing
eleven years,” the statement read.
“But, on this night we are gathered
here in Montgomery not to celebrate
‘the execution of human life, but to
celebrate the execution of justice.”
: Heath spent his final day visiting
with his wife, Shelby, and 16 other
family and friends. Heath and his
Wife married four years ago after.
‘meeting through her participation in
a, prison ministry.

Heath’s other visitors included his
parents, Joan and Roscoe Heath, his
brother Roscoe Heath Jr. and two
attorneys.

The Rev. Buford Lipscomb, who
led about 90 other pastors, min-
isters, priests and lay people in an
unsuccessful fight for clemency for
Heath and a vigil Thursday night,
‘also visited with the condemned
killer and witnessed the execution.

Heath was allowed visitors until
8:30 p.m., followed by two hours
alone with his wife.

He turned down the traditional

the day, most of his belongings were
turned over to his wife, but he kept a
television, cassette player and pair

(Of Nike tennis shoeginhis cell...

~~ While « at’ Holmaiy* Heath was
dubbed “the Apostle of Death Row”
because of what supporters say is a
religious conversion. They said he
had an enormous impact on inmates
and staff at the prison.

However, prison spokesman Char-

lie Bodiford said that was a “self- .

imposed” title.

“The other inmates don’t see him
as that,” Bodiford said. “They like
him, but they have a chaplain and
Larry’s not it.”

Bodiford described Heath as a
cooperative, well-mannered inmate
who “thought he was above every-
body else.”

Heath was in ie spirits Thurs-
day, Bodiford said. :

“This guy is very well convinced
he’s on the plateau of heaven and his
afterlife will be taken care of,” Bod-
iford said.

Heath contracted to kill his wife,
paying two shooters $2,000. Authori-
ties said Heath was secretly en-
gaged to marry another woman,
wealthy socialite Denise Lambert,
at the time of the slaying. He also
stood to make as much as $120,000
from life insurance policies on Mrs.
Heath.

The two men Heath hired for the
abduction and slaying — Charles
Owens and Gregory Lumpkin — are
serving life sentences.

Also convicted of conspiracy and
sentenced to 10 years in prison were
Ms. Lambert and Heath’s brother,
Jerry Heath. Another man, Sanders
Williams, was convicted on similar
charges in Georgia and sentenced to
10 years.

—


' The NATIONAL EXECUTION ALERT NETWORK is a project
wa of the National Coalition to Abolish the Death Penalty
For more infe:mation, contact: amela Rutter, NCADP

1325 G St. NW LL-B, Washington DC 20005 (202)347-2411
Peacenet Access Code--ABOLITION//Non-Business Hours Alert Answering Machine 202-347-2415
Partial: Funding for the Alert Network is provided by the J. Roderick MacArthur Foundation,
the A.J. Muste Memorial Institute, the Boehm Foundation and the Unitarian Universalist

Foundation.
‘ ALERT 92-2 February 21, 1992
**EXECUTION ALERT**EXECUTION ALERT**EXECUTION ALERT**EXECUTION ALERT**
. OKLAHOMA 10 MARCH 1992 LETHAL INJECTION

ROBYN LEROY PARKS, (Black), age 37 has been on death row since October 1978.
He was convicted of the murder of a gas station attendant. Mr. Parks was denied
by the Pardon & Parole Board 4-1 for a recommendation of clemency. The
Governor does not have executive clemency power without the recommendation
of the Pardon & Parole Board.

OKLAHOMA 13. MARCH 1992 LETHAL INJECTION
OLAN R. ROBISON, (White), age 45 has been on death row since April 1981.
Robison was convicted of the robbery/murder of 1 white male and 2 white females.
There was no mitigation on Robison’s behalf introduced at his trial. Robison’s two
| co-defendants received llife sentences. Robison was sentenced to death, after the
trial judge granted a prosecution motion to prevent a sister of one of the victims
from testifying that Robison should not be given the death penalty.

TAKE ACTION ON OKLAHOMA CASES, CONTACT:

Gov. David Walters OK Pardon & Parole Board

State Capitol 4040 N Lincoln Blvd. Ste 219

Oklahoma City OK 73105 Oklahoma City OK 73105

(405) 521-2342 (405)427-8601

FAX (405) 521-33353 FAX (405) 427-6648
ALABAMA 20 MARCH 1992 ELECTROCUTION

LARRY HEATH, (White), age 40, has been on death row since February 1983. He was
convicted of the contract murder of his pregnant wife. The two co-defendants
who actually committed the kidnapping and murder were given life sentences.
TAKE ACTION, CONTACT: Gov. Guy Hunt

State House

11S. Union St.

Montgomery AL 36130

(205) 242-7100 FAX (205) 242-4407

ARIZONA 6 APRIL 1992 GAS CHAMBER
DONALD EUGENE HARDING, (White), age 42, has been on death row since January

1982. He was convicted of the robbery/kidnapping/murder of two males. Based
on the advice of his lawyer, who was recently out of law school, who had never
tried a capital case and who had conducted virtually no investigation, Harding
represented himself at trial and at his sentencing hearing. Harding, who is
diagnosed as having organic brain damage, made only one objection during his
trial and presented no mitigating evidence. Although the ineffectiveness of
Harding’s lawyer has been acknowledged, the state of Arizona is continuing to
refuse to hear unrebutted evidence that would warrant a sentence less than death.
Arizona has not had an execution since March 1963.
TAKE ACTION, CONTACT: Gov. Fife Symington
1700 W. Washington (602) 542-4331
. Phoenix AZ 85007 FAX (602) 542-7601


Ee ere enw Gaon ®

| : , _. State Supreme Court |
a upholds conviction —

The Alabama Supreme Court up-. i
‘held the conviction Friday of a man |
* sentenced to, die for arranging. the |
-kidnap-murder of his pregnant wife.

In an $0 decision, the high court -
‘miled that constitutional provisions’
“preventing double jeopardy would not
block Larry Gene Heath’s trial in
“Alabama after he had already been
sentenced for the same offense in

rgia..

Heath, 32, was sentenced in Georgia ;
| 1982 to life, in prison after pleading —
ailty, to murder charges. The follow-..
year, he was convicted of kidnap- —

murder in Alabama and sentenced to
electric chair. © ,

eh ky De beast oH

wie, ey


. oe 3 age : |
. “HEATH, Larry Gene, white,
| : } oar Elec. Ala 3P (Russell)

| evokes tears
before death

Death

ef

Mi Facing execution, Larry
Heath offered prayers and
said he expected to be
welcomed by God

By MARY ORNDORFF
Staff Writer

Evoking tears from the prison
commissioner and encouraging
others in their faith, Larry
Heath, already strapped in the
electric chair, spoke confidently
to those about to watch his death
early Friday morning.

After about seven minutes of
addressing witnesses, the execu-

~ tion team at Holman Prison near

Atmore activated the recently
revamped chair, ending the life
of the Phenix City. man who
hired two others to kill his preg-
nant wife in 1981.

The 40-year-old was “curious.
and upbeat” as prison officials
read the confessed murderer his
death warrant, according to Har-
ry. Franklin, a Georgia newspa-
per reporter in the witness room
adjacent to Heath and the chair.

Mr. Franklin, who has covered
the decadelong saga since Becky
McGuire Heath was found out-

side LaGrange, Ga., nine months

pregnant with a bullet through
her head, said Heath seemed
eager to give a final statement.

The four reporters who wit-
nessed the electrocution relayed
their accounts of the scene to
other reporters gathered in a
clubhouse across the street from
Holman within minutes of the
12:27 a.m. pronouncement of
death.

With his head shaven but not
yet covered with the black cloth
hood, Heath told Alabama Pris-
on Commissioner Morris Thig-
pen he wished he had more of an
opportunity to get to know the
commissioner.

“You have often seemed to dis-
tance yourself from this,” Heath,
dressed in his prison whites, told
Mr. Thigpen. “I love you just the
same.”

Each of the four media wit-
nesses said the comments
brought tears to the commis-
sioner’s eyes, who was not avail-
able for comment in the
pressroom early Friday morning.

Heath offered prayers and said

* : Continued from 1D

‘You have often seemed to.»
distance yourself from this,’ _
Heath told Thigpen, above ~

he expected to be welcomed by
God. ?
“T’ve lived for this, not nec-
essarily that man would ordain
it, but. sometimes we go-to the
right and the left, sometimes we
take a wrong course. I got lost
for a long time,” Mr. Franklin
said quoting the inmate. a
At about 12:15 a.m. after offi-
cials hooded him, witnesses
heard the jolt of electricty and
saw Heath’s body jerk upward
and remain stiff for about two
minutes until he collapsed in the
leather straps. .
Atlanta attorney Steve Bright

and Fairhope minister the Rev. .
Buford Lipscomb, the two wit- -

nesses Heath requested, were
emotional in their comments, de-
scribing Heath’s death as ‘fa
waste.” Mr. Bright said the event
was a travesty of justice and said
his conviction by a Phenix City
jury was imminent because all
had known Heath had already

pleaded guilty in Georgia.

The Alabama judge ordered -

the death penalty for the capital
offense. Evidence showed the de-

- ceased wife co-signed the home .

Please see DEATH, 2D

@ Heath's faith sincere, professor
says, 2D

improvement loan Heath used to
pay her killers, two men also

convicted and serving life terms.

Holman Prison spokesman
Charlie Bodiford said Thursday
night Heath had dispersed most
of his last belongings to other

‘ death row inmates including 13
_ Soft drinks, and ‘several enve-
. lopes and stamps. He denied an

offer to make out'a will and als

refused his last meal.

A Georgia prosecutor read a
statement in the pressroom on-
behalf of Mrs. McGuire’s family.

“From this night forward, we
go forth with a renewed faith in
our judicial system, knowing that
justice can prevail and knowing
that human life is still sacred in
our society.”


Boston Clobe 3/21/92 /o
Man is executed “/¢
for wife’s murder

ae Ala. - Larry Gene
Heath, who hired two men to kill
his pregnant wife, was executed ear-
ly yesterday in Alabama’s electric
chair after he prayed and asked her
family for forgiveness. Heath, 40,
made no final attempt to appeal his
sentence for the 1981 slaying of Re-
becca Heath, who was nine months
pregnant. Prosecutors said Heath,
secretly engaged to another woman,
got his 21-year-old wife to cosign a
$2,000 loan, then used the money to
pay for her murder. (AP)

GOT afat/ta (of

Alabama Exeeiites
_Man Who Arranged
His Wife’s Murder

ATMORE, Ala., March 20 (AP) — A
man who admitted hiring two men to

kill his pregnant wife so that he could

marry another woman was executed
early today in Alabama’s electric

i chair.

Larry Gene Heath, 40: years old,
made no last attempt to appeal his
death sentence for the 1981 slaying of
Rebecca Heath. ae ay Gale ees,

Gov. Guy Hunt on Tuesday denied a
request for clemency from Mr. Heath’s
supporters, including a group of minis-
ters. Friends at Holman Prison called
him the “‘Death Row Apostle’’ because’
he had claimed to have undergone a
religious conversion in prison.

Secret Engagement

Prosecutors said Mr. Heath,. who
was secretly engaged to another wom-
an, had persuaded his 21-year-old wife,
who was nine months pregnant, to co-
sign a $2,000 home-improvement: loan.
He used the loan to pay for her murder,
the prosecutors said.

She was abducted from their home in
Phenix City, Ala., and shot in the head.
Her body was found in Georgia. The
male fetus also died.

The men hired by Mr. Heath were
convicted and given life sentences.

Mr. Heath was arrested four days
after the killing. He pleaded guilty to’
murder in Georgia in February 1982
and was sentenced to life in prison.

In January 1983, a jury in Alabama
convicted him of murder and a judge
sentenced him to die.

The U.S. Supreme Court rejected
‘‘double jeopardy” arguments that Mr.
Heath could not be sentenced to death
in one state after being given a life
sentence for the same crime in another
State.


Man Executed for Wife’s Murder

‘ATMORE, Ala., March 20 (AP) —
man who admitted hiring two men -
kill his pregnant wife so that he could
‘marry another woman was executed
‘early today in Alabama’s electric
chair. :

_ Larry— Gene Heath, 40 years old,
made no last attempt to appeal his
death sentence for the 1981 slaying of
Rebecca Heath.

_ Gov. Guy Hunt on Tuesday denied a
request for clemency from Mr. Heath’s
supporters, including a group of minis-
ters. Friends at Holman Prison called
him the ‘‘Death Row Apostle’ because
he had claimed to have undergone a
religious conversion in prison.

Secret Engagement

-, Prosecutors said Mr. Heath, who
“was secretly engaged to another wom-
an, had persuaded his 21-year-old wife,
“who was nine months pregnant, to co-
“sign a $2,000 home-improvement loan.
He used the loan to pay for her murder,
the prosecutors said.

“She was abducted from their home i in
“Phenix City, Ala., and shot in the head.
“Her body was: found in Georgia. The
male fetus also died.

The men hired by Mr. Heath were
convicted and given life sentences.

Mr. Heath was arrested four days
after the killing. He pleaded guilty to
murder in Georgia in February 1982
and was sentenced to life in prison.

In January 1983, a jury in Alabama
convicted him of murder and a judge
sentenced him to die.

The U.S. Supreme Court rejected
“‘double jeopardy”’ arguments that Mr.
Heath could not be sentenced to death
in one state after being given a life
sentence for the same crime in another
State.

Mr. Heath was remarried about a
year ago, but not to the woman he was
engaged to at the time of his first wile’s Ss
death.

Before the execution, he asked his
former wife’s family for forgiveness.
“If this.is what it takes for there to be
healing in their lives, so be it,’’ he said.

His execution was the ninth in Ala-
bama and the 167th in the nation since
the 1976 Supreme Court ruling: that
allowed states to resume capital pun-
ishment. Alabama’s previous" execu-
tion was in 1990.

Os FN eet et

SATURDAY, MARCH 21, 1992

SERENE ENS


ry

case. It was felt that their agents could move more freely and |
probably had better contacts with the other law enforcement |
agencies that would be involved in the case. Special Agent

~ Richard Hayes was assigned to the probe.

That evening, Sheriff Jones and Agent Hayes talked with
both Larry Heath and Rebecca’s parents. Larry told them that ,
““Becky’ ’ had dropped him off at work at around 8 o’clock that

‘morning and that she was going to the shopping mall in ~

LaGrange to exchange some pants she had bought for him and
to finish shopping for their new baby., He said that he had
given her $150 on Sunday night.

When they told Larry that a brick had besal found i in the car,
he said that it had been in the driveway Sunday and he had

se feath (I.), 29, his

prothev verry, 30, and girlfriend
Denise Lambert, 20, are escorted
by deputies to pre-trial hearing

St sat

led to
nthe -

picked it up and put it on the back floorboard. Jones askedhim

aie €
a6
om .
we
,

re a ae

Charles ‘‘Slim’’ Owens (I.), 31, and Gregory Lumpkin, 28,
suspects In alleged contract killing of ‘‘Becky’’ Heath,
21, and unborn baby whose birth was Interrupted by death

if be. iwned a gun. He said yes, a 357 magnum.

On Tuesday morning, September Ist, Troup County
Coroner Gwen Prescott told reporters that Mrs. Heath had
died of a .32-caliber bullet wound to the right eye and that the
bullet had entered the brain killing, both her and her unborn
son, Hayden. The baby was ‘‘full term’’ and the case was
being treated as ‘‘a double homicide,’’ said Prescott.

‘*We had a lot of things that didn’t quite fit,’’ said Sheriff
Jones. ‘‘Becky had an appointment with her doctor in Col-
umbus at 10:30 a.m., so why would she be going shopping in
LaGrange forty-five miles away? We checked with the doc-
tor’s office and she had never missed or even been late for an
appointment and it was.very unlikely that she would forget
one, being this close to delivery.”’

- Also, the brick was a problem. The car had power seats, *
there was no way that the brick could have gotten un“:
seat and onto the front floorboard. Plus the fact ths
_ Seat in the een it was, Becky, at five-foot th»

(Conti

It certainly seemed that way eee prob««:

rounded up the crowd of suspects ‘i ti:
cold-blooded slaying. But gettine °©« 4m ©
the “why” of it was somewhoa*’ :**< Caos

homicide did what any 97 ‘a sqi°a

2 cavennal of

do to dig eo" ti: inch
oan ee OR ee AT, TT OE | a
or ge
sii
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Mode a ll, dw Li y,

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’
.

by BOB SPURLIN
’ Special Investigator for ACTUAL DETECTIVE STORIES

Hodnett Heath was murdered. This in itself would not
have been too strange except for the fact that he had
‘ never been born. Hayden was a full term, nine-month fetus.
At approximately 10:30 a.m. on that day, a supervisor for
the Troup County, Georgia power company was passing
through the southern part of the county when he saw a 1978
Oldsmobile Cutlass that seemed to have run into a tree. He
said he investigated because ‘‘things just didn’t look right.’’
**I thought it was a man at first. I looked at her hand and saw
it was turning blue, so I radioed the office and they contacted
the sheriff's department,’’ he said.

ne ABOUT 9:00 a.m. on August 31) 1981, Hayden

Within minutes, Captain Alfred Talley of the Troup County

Sheriff’s Department was on the scene. Talley approached the
green Olds and saw’a young white woman lying on the back
seat. She appeared to be about nine-months pregnant and she
had been shot through the right eye. Talley immediately called
for the sheriff and the investigative division. While awaiting
their arrival, he talked with power ‘company employe and
retraced his steps to insure that no physical evidence had been
disturbed. : i Aa,
‘Within 15 minutes, Sheriff Elton **Gene’’ Jones and Chief
Investigator Don Mallory were on the scene and taking charge
of the investigation. ; pn gh Lease
_ A thorough search was made of the area around the car for
any evidence that might have been left behind. ’Some tire’
tracks were found near the car in the grass, but these could not

be cast or photographed clearly enough to be used in court, ;

Next the search moved to the car itself. The woman’s body
was lying face up on the back seat. There was no sign of a
struggle. She was lying on a pair or two of blue jeans. Her
purse was in the back seat with her and was unopened. It did
not appear that it had been tampered with: The front seat of the
car was all the way back and the tilt steering wheel was in the
normal position. There was a brick on the floorboard near the
accelerator and a piece of plastic type rope on the right front
floorboard.

Inside the victim’s purse a driver’s license identified her as
Rebecca M. Heath of Route 6, Sunderland Drive in Phenix
City, Alabama. The contents of the purse did not appear to
have been disturbed. A wallet inside the purse contained three
dollars. he tL aah eee j L

The body was taken to the West Georgia Medical Center in
LaGrange for postmortem examination. The items in the car
Were inventoried and tagged and the car was moved to the
sheriff’s impound yard where Georgia Bureau of Investigation
lab technicians would process it for fingerprints and other
trace evidence. ” :

Other contents of the purse revealed that Rebecca’s hus-
44. Official Detective
ed: or a We Aa ae a? ‘ 3 Se 4 bathe gr"

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band worked in Columbus, Georgia, some 45 miles away.’
Sheriff Jones asked the Columbus Police Department to con-
tact Mr. Heath and ask him to come to the hospital.

At about 3:30 p.m. Larry Gene Heath arrived at the hospital
with his two-year-old son and was told that his wife had been
shot. ‘‘When I told him about it he seemed shocked,’’ said
Jones. ‘‘He talked with some of his in-laws who lived in
LaGrange and were already at the hospital and then just sat
with his head in his hands. He seemed to be very interested in
us and what we were doing,’’ Jones added. :

Since the victim lived in Alabama, Sheriff Jones decided to

ask the Georgia Bureau of Investigation (GBI) for help on the -

eye


o

\

“On February 10th, Mallory told Judge
Joseph Jackson that he was dropping. his
request for the death penalty against Lar-

ry Heath.: Mallory asked Heath how he *
’ would plead to the charge of first-degree

murder.
‘**Guilty,’’ Heath replied. :

. Judge Jackson asked Heath if he fully

understood what he was doing. Ye

. **Yes,”’ Heath said solemnly.

‘*Are you under the influence of alco-
hol or drugs that would make you una-
ware of what you‘are doing?

. “*No,’” said Heath..
~ **Are you in fact guilty?”
Veg"? Heath answered,

Judge Jackson then sentenced any
Heath to a life sentence in prison. |

After this, Jackson and Mallory again
turned their attention to the other three
defendants in the case.

On April 20th, Mallory told reporters

that, after consultation with their attor- .

neys, Denise Lambert, Jerry Heath and
Sanders Williams Jr. had decided to
plead guilty to the lesser charge of con-

. spiracy. He said that sentencing for the

trio-would take place on May 11th.

In the meantime, in the courtroom of
Judge Dewey Smith, Gregory Lumpkin
and Charles Owens were already on inl
for murder.

All of the evidence gathered and the
statements that had been taken from all

those involved in the case had led to the .

conclusion that Larry Heath and Denise

_ Lambert had shown Owens and Lumpkin

‘ stand.

- where Becky was and they had taken her

from her home .in:-Alabama to Troup

‘County where the murder occurred.
Based‘on this evidence, Russell County’
“Alabama ‘District Attorney William J.

‘*Bill’’ Benton announced on the morn-

ing of April 30th that he had issued war- -
“rants for all six of those arrested in Geor-
» gia and that they would be tried in Alaba-
~ ‘ma for the charge of murder during kid- |
peping..

Immediately, shouts. went up from
attorneys that this was in violation of the
double jeopardy protection of the Con-
stitution. But Benton,said he didn’t see it
that way and that the warrants would

On the morning of April 30th, the jury
in the Owens and Lumpkin case brought

.in a verdict of guilty against both defen-

dants. After hearing the verdict, Judge
Dewey Smith sentenced both to automa-

‘tic life sentences.

District Attorney Mallory commented
"after the. verdict and sentence, “T am
pleased justice was done.”

On May 11th, Denise Lambert and her
attorneys appeared before Judge Jackson
for sentencing. At the outset, Miss Lam-
bert’s attorneys asked for mercy for their
client. They asked that Judge Jackson
take into consideration her past record
‘and her unique position in the case and
suggested that she had been led into this
by others. \" |

Jackson listened carefully to the
arguements and said, ‘‘Denise P. Lam-

- e8 pes

‘

bert, this court sentences you to a term of.
ten years, to be served i in a state correc-
tional institution.’

Moments later, Sanders ‘‘Cash’’ Wile
liams Jr. received the same sentence
from Jackson.”

The attorney for Jerry Wayne Heath
then told the court that his client was .
withdrawing his guilty plea. The attor-:
ney later said that he felt that Judge Jack-
son would have given-his client the same
10-year sentence and that he felt that was ,

_too harsh, based on his client’s involve-

ment in the case.

Jerry Wayne Heath was later tried in
Troup Superior Court and found not
guilty. This did not, however, mean that |
he was free. He and the other five still
faced charges in Alabama.

In August, 1983, Larry Gene Heath F
was convicted of murder during kidnap-
ing by a Russell County jury and was
sentenced to death. i

During the September, 1983 s session
of Superior Court in Russell County,
Alabama Jerry Wayne Heath, the last of
those charged i in the case pleaded guilty
to conspiracy, and was sentenced to 10.
years.

Russell County District Attorney Ken.
Davis said that charges against Denise
Lambert, Gregory Lumpkin, Sanders
Williams and Charles Edward Owens ~ .- §
are still pending and that they should
face trial soon.

yi

wake GE

Who Shotgunned the Blonde? lets page 26)

in the broadcast. This information was
also sent to the nearest airports, and
brought results almost immediately.

Word was received from Tom She-
han, chief of police at the Dallas-Fott
Worth airport, that the missing auto-
mobile was parked there in the short-
term parking lot. The records at the air-.
port showed that the vehicle had been
parked there since Thursday afternoon,
March 3rd.

/ On Tuesday afternoon the Cisco
police officers went to the international
airport and returned the car to Cisco,
where it was impounded while the offic-
ers went over it looking for clues to the
mystery. fee

~The lifeless body of Doris Lundstrom, °

29, was returned to Cisco from Dallas
where a complete autopsy was per-
formed. On Wednesday afternoon, in a

60 Official Detective

chilly wind, the relatives and friends of

Mrs. Lundstrom gathered at the First
Baptist Church for her funeral services.

“Every family in Cisco was touched
by her life and is saddened by its pas-

sing,”’ the minister said during the final :

euolgy. ‘‘She was a fine, Christian
young adult.’’

That afternoon, a story printed in the
Abilene newspaper brought another
shock to the residents of Cisco commun-
ity. The information for the story was
gathered from a news item printed in a
Minnesota newspaper, concerning the
Cisco murder. _,

A shocker in the story announced that
the Cisco mayor pro tem was, in 1968,
‘in Minnesota, convicted of manslaugh-
ter in connection with the death of his
first wife. According to the St. Paul
Pioneer Press, the story stated that

“to exceed 15 years.

i
, \
1 rh

Loyal Lundstrom, who was then age 44,

had lived at a resort home in Merrifield,  * -.

Minnesota, when he was charged with
first-degree manslaughter and sentenced +
to an indeterminate prison'term not

The article said that after Laidetrons
served 18 months of the sentence, the
Minnesota Supreme Court ordered him
released. A new trial was ordered. The ~~ F
court ruled that trial evidence had not
proven Lundstrom’s intention to kill his
wife, ending a 20-year marriage. A
second trial was never held, because
attorneys said they could never find any | {
new evidence. . §4

At his trial, Lundstrom had testified i:
that his wife’s ‘death was an accident that Pi
occurred during an argument. He said in
his testimony that she began hitting him,
and that he pushed her against the wall .

.and she collapsed.

The news story reported that, at the ‘
time of- the incident, Lundstrom was a : ad
former Sunday School superintendent, —

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8. Criminal Law ¢=641.13(7)

Ineffective assistance of counsel re-
sulting from failure to raise on appeal in-
troduction of testimony that defendant had
invoked his Fifth Amendment rights in a
related lawsuit in Georgia, was not preju-
dicial to defendant as point would not have
had reasonable probability of success on
appeal; officer's statement, that defendant
had refused to testify on self-incrimination
grounds because there was an implication
that other charges might be filed because
his wife was abducted from Alabama, was
duplicative of other evidence indicating
that abduction had occurred in that state.
U.S.C.A. Const.Amend. 6.

9. Habeas Corpus 423

In case where state appellate court
indicates a procedural bar to claim sought
to be raised by defendant, and also ad-
dresses merits of claim, federal court may
consider merits in habeas proceeding un-
less state court expressly indicates that its
merits determination is an alternative hold-
ing.
10. Criminal Law ¢97(1)

Alabama had jurisdiction to try capital
murder defendant for crime of murder/ kid-

napping, even though the murder occurred |

in Georgia; evidence supported conclusion
that crime had begun with kidnapping of
victim in Alabama. Ala.Code 1975, § 18A-
5-40(a)(1).

11. Constitutional Law ¢=259

Criminal Law ¢97(1)

Prosecution of capital murder defen-
dant in Alabama for murder taking place in
Georgia did not offend due process con-
cepts limiting territorial reach of state
criminal prosecutions; out-of-state murder
following the in-state kidnapping directly
violated peace, tranquility and laws of Ala-
bama. U.S.C.A. Const.Amend. 14.

12. Criminal Law ¢641.13(2)

Capital murder defendant did not re-
ceive ineffective assistance of counsel at
trial in Alabama state court due to coun-
sel’s alleged overemphasis of fact that con-
viction for murder in Georgia involving
same incident was prejudicial; trial counsel
had emphasized the Georgia conviction as

1128 941 FEDERAL REPORTER, 2d SERIES

part of trial strategy of showing that de-
fendant was already being punished for the
murder and as far as the only contact of
Alabama was concerned, the kidnapping,
victim had left state voluntarily and had
not been kidnapped. U.S.C.A. Const.
Amend. 6.

13. Criminal Law €641.13(5)

Assuming that capital murder defen-
dant’s pretrial counsel had been ineffective,
by failing to file pretrial motions, such
failure was not prejudicial to defendant:
trial counsel examined each pretrial amend-
ment defendant claimed his counsel should
have brought and found that none raised
reasonable possibility that, but for ineffec-
tiveness, result would have been different.
U.S.C.A. Const.Amend. 6.

Stephen B. Bright, Charlotta Nordby, At-
lanta, Ga., for petitioner-appellant.

William D. Little, Asst. Atty. Gen., Mont-
gomery, Ala., for respondent-appellee.

Appeal from the United States District
Court for the Middle District of Alabama.

Before JOHNSON, HATCHETT and
EDMONDSON, Circuit Judges.

JOHNSON, Circuit Judge:

The petitioner, Larry Gene Heath, under
a sentence of death, appeals the district
court’s denial of his habeas corpus petition.

I. STATEMENT OF THE CASE

A. Background Facts

In August of 1981, Larry Gene Heath
spoke with his brother, Jerry Heath, about
possibly hiring some men to kill his wife.
Evidently, Larry Heath was suspicious that
his wife, who was then nine months preg-
nant, was carrying the child of her former
fiance with whom she allegedly was having
an ongoing affair. At the same time, Lar-
ry Heath wanted to marry Denise Lambert.
Despite the fact that Larry Heath was
already married, he gave Ms. Lambert an
engagement ring and ordered invitations
printed for their impending wedding.

Heath allegedly decide:
rather than seek a d
wanted custody over h
his wife had a large |i
Larry Heath wanted
appear to be an accic
allegedly put Larry in
Owens and Gregory Li
to carry out the mur
Heath gave the two me
ment, keys to his hou
that they were to dri
wife in it into a creek
seem to be an autom
then gave his fiances
$1500 to give to the
murder was completed.
kin allegedly kidnappe:
her Russell County, Al
morning of August 31
staging an accident, the
50 miles to Troup Cou
they shot her in the |
They then dumped her
seat of the car, placed
pedal, and sent the cai
the woods. Several hor
for a local utility comp:
and Mrs. Heath’s body

The Georgia and the /
cooperated closely in
Four days later, the Ge
ed Heath and his girlfri«
night, Heath confessed
implicated his brother
Lumpkin. Within the n«
ry Heath, Charles Ov
Lumpkin were arrested

The case immediately «
news. The news emp
Heath was nine months
was murdered, that her

4 1. The police also arreste

who initially agreed to kill
accepted a down payment
of the conspiracy.

2. In Georgia, Sanders WV
Lambert pled guilty to the
each was sentenced to |
Heath’s brother initially
withdrew his plea, went to
ted. Owens and Lumpki
murder. The prosecutor


- that de-
ed for the
‘ontact of
dnapping,
~ and had
\. Const.

jer defen-
effective,
ons, such
efendant;
al amend-
el should
ne raised
r ineffec-
different.

ordby, At-
it.

en., Mont-
yellee.

Ss J ct
Alabama.

(T and

ath, under
he district
is petition.

CASE

-ene Heath
oath, about
‘ll his wife.
picieus that
mnths preg-
her former
was having
time, Lar-
e Lambert.
Heath was
zambert an
in**7*ons
\ ng:

Heath allegedly decided to murder his wife,
rather than seek a divorce, because he
wanted custody over his child and because
his wife had a large life insurance policy.
Larry Heath wanted his wife’s death to
appear to be an accident. Jerry Heath
allegedly put Larry in touch with Charles
Owens and Gregory Lumpkin who agreed
to carry out the murder-for-hire. Larry
Heath gave the two men a $500 down pay-
ment, keys to his house, and instructions
that they were to drive his car with his
wife in it into a creek, making the death
seem to be an automobile accident. He
then gave his fiancee, Denise Lambert,
$1500 to give to the two men after the
murder was completed. Owens and Lump-
kin allegedly kidnapped Mrs. Heath from
her Russell County, Alabama home on the
morning of August 31, 1981. Instead of
staging an accident, the two men drove her
50 miles to Troup County, Georgia where
they shot her in the head with a pistol.
They then dumped her body in the back
seat of the car, placed a brick on the gas
pedal, and sent the car speeding off into
the woods. Several hours later, a lineman
for a local utility company spotted the car
and Mrs. Heath’s body.

The Georgia and the Alabama authorities
cooperated closely in the investigation.
Four days later, the Georgia police arrest-
ed Heath and his girlfriend Lambert, That
night, Heath confessed to the crime and
implicated his brother and Owens and
= Lumpkin. Within the next few weeks, Jer-
|} ry Heath, Charles Owens and Gregory

~

- Lumpkin were arrested.!

The case immediately dominated the local
hews. The news emphasized that Mrs.
Heath was nine months pregnant when she
Was murdered, that her husband was moti-

The police also arrested Sanders Williams
*who initially agreed to kill Mrs. Heath and who
“accepted a down payment but later backed out
%0f the conspiracy.

_ In Georgia, Sanders Williams and Denise
Lambert pled guilty to the conspiracy count and
ch was sentenced to ten years in prison.
eath’s brother initially pled guilty but then
ithdrew his plea, went to trial, and was acquit-
d. Owens and Lumpkin were convicted of
Murder. The prosecutor withdrew his request

HEATH vy. JONES
Cite as 941 F.2d 1126 (11th Cir. 1991)

1129

vated by the insurance money, and that he
had an illicit affair with Ms. Lambert.
Moreover, the media portrayed Ms. Lam-
bert as a wealthy, carefree socialite who,
while out on bail, went on an alpine skiing
vacation. Heath added to the media drama
by engaging in a custody battle in family
court with his in-laws over his child.

B. Procedural History

1. The Indictments and Tria]

Following the return of the indictment in
Georgia, the Georgia prosecutor announced
that he would be seeking the death penalty
in the trials of Larry Heath, Owens and
Lumpkin. In exchange for a life sentence,
Heath pled guilty in February of 1982.2
Two months after Heath pled guilty in
Georgia, the state of Alabama indicted
Heath on a charge of capital,.murder and
sought his extradition, which was quickly
granted. A trial was held in Russell Coun-
ty, Alabama in February of 1983. The jury
returned a conviction followed by a recom-
mendation of death.?

2. Direct and Collateral Appeals

Heath directly appealed his conviction
through the Alabama state courts to the
Supreme Court. Heath v. Alabama, 474
US. 82, 106 S.Ct. 483, 88 L.Ed.2d 387
(1985). The only issue raised by Heath’s
appellate counsel was his double jeopardy
claim. This claim was rejected by the Su-
preme Court on the basis of the dual sover-
eignty doctrine. Justices Marshall and
Brennan dissented.

On February 20, 1986, Heath filed a peti-
tion for a writ of error coram nobis in
Alabama state court. Following an eviden-
tiary hearing, the state court denied the

for the death penalty. The court, therefore,
sentenced them to life imprisonment.

3. Alabama also indicted Owens, Lumpkin, Jerry
Heath and Denise Lambert. Jerry Heath and
Lambert both pled guilty and accepted 10 year
sentences for conspiracy. Lumpkin was con-
victed and given a life sentence. Owens was
sentenced to death, but the conviction was re-
versed on appeal. Owens v. State, 531 So.2d 22
(Ala.Cr.App.1987). In lieu of a retrial, Owens
pled guilty and accepted a life sentence.


1126 941 FEDERAL REPORTER, 2d SERIES

counsel had no notice of the server’s unreli-
ability and here the Server offered some
excuse for his failure, we do not find the
district court abused its discretion. We
place no weight on these distinctions. The
record does not show Cox’s counsel to be
any less dilatory than the server in Brax-
ton. Had Cox’s counsel promptly sent pro-
cess to the Server, he might well have
avoided the instant problem. Rule 4 pro-
vides ample time to effect service. The
district court refused to reward counsel
with an excuse from the Rule’s deadline for
apparently wasting a majority of this peri-
od and then attempting to blame untimely
Service on an injured server. Although an
injured foot suffered two weeks before the
Service deadline may make service more
difficult, the district court’s decision that
this should not excuse Service in the 120-
day period is not “arbitrary, capricious, or
whimsical.”

Cox’s citation to Sanchez v. Board of
Regents, 625 F.2d 521 (5th Cir.1980), to
Support her counsel’s reliance on the ser-

Sanchez dealt with the timeliness of filing
a notice of appeal for a pro se prisoner.
See Thompson v, Montgomery, 853 F.2d
287, 288 (5th Cir.1988) (recognizing abroga-
tion of Sanchez by Houston »v, Lack, 487
U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245
(1988)). In Sanchez, the Fifth Circuit Sstat-
ed that although a notice of appeal is not
filed when deposited in the mail, reliance on
the normal delivery times of the postal
service may be a basis for a court to find
excusable neglect. Jd. at 522 (citing Fali-
en v. United States, 378 U.S. 139, 84 S.Ct.
1689, 12 L.Ed.2d 760 (1964) (pro se prisoner
case)); of Floyd v, United States, 900 F.2d
1045, 1047 (7th Cir.1990) (attorney neglect
coupled with substantial extenuating cir-
cumstances may Support district court’s
finding of excusable neglect). The San-
chez decision does not refute the counter-
vailing precedent upholding a district
‘ourt’s refusal to find attorney inadvert-
-nce and reliance on an unmonitored server
—— good cause or excusable ne-
‘lect.

As one commentator has observed: “The
lesson to the federal plaintiff’s lawyer is
not to take any chances. Treat the 120
days with the respect reserved for a time
bomb.” Siegal, Practice Commentary on
Amendment of Federal Rule 4 (Eff, Feb.
26, 1983) with Special Statute of Limita-
tions Precautions, 96 F.R.D. 88, 109
(1983). It was not an abuse of discretion
here to invoke this lesson. AFFIRMED.

Larry Gene HEATH, Petitioner-
Appellant,

V,

Charlie JONES, Warden, Respondent-
Appellee.

No. 90-7671.

United States Court of Appeals,
Eleventh Circuit.

Aug. 26, 1991.

Defendant was convicted of murder in
State court and judgment of death was
entered. After exhausting administrative
appellate procedure and after the United
States Supreme Court, 474 US. 82, 106
S.Ct. 433, 88 L.Ed.2d 387, affirmed, defen-
dant brought writ of habeas corpus. The
United States District Court for the Middle
District of Alabama, No. 89-V-297-E, Rob-
ert E. Varner, J., denied writ and appeal
was taken. The Court of Appeals, John-
son, Circuit Judge, held that: (1) appellate
counsel was not ineffective in failing to
raise claim that defendant had received un-
favorable pretrial publicity, and (2) Ala-
bama State court had jurisdiction under
kidnap/murder Statute, based on evidence
that victim was kidnapped from her home
in Alabama, even though victim had been
killed in Georgia.

Affirmed.

HEATH v. JONES MV.
Cite as 941 F.2d 1126 (11th Cir. 1991) |

Edmondson, Circuit Judge, concurred
in part and concurred in the judgment, and
filed opinion.

1. Criminal Law ¢641.13(7)

Counsel to capital murder defendant
provided ineffective assistance by selecting
only one issue to appeal, a double jeopardy
claim that could have been raised earlier by
interlocutory appeal, and by presenting a
brief to state appellate court which was
only six pages long and a brief to the state
Supreme Court only one page long.
U.S.C.A. Const.Amend. 6.

2. Habeas Corpus ¢=365

Court of Appeals was not precluded
from considering, on appeal from denial of
writ of habeas corpus, claim that fair trial
rights of capital murder defendant were
violated by excessive pretrial publicity,
even though state claimed that defendant
had failed to exhaust state appellate proce-
dures; claim had been raised before trial
court during state error coram nobis pro-
ceeding and state court of criminal appeals,
last state court to issue an opinion, had
expressly stated that it considered and re-
-Jected each of claims raised in collateral
review petition, and had also adopted and

“attached to its opinion trial court opinion

discussing claim.

3. Jury @136(4)

Capital murder defendant was preclud-
ed from challenging trial court’s refusal to
remove prospective juror for cause at de-
fendant’s request, even though action
caused defendant to use a peremptory chal-
lenge to keep prospective juror from panel.

4. Criminal Law ¢641.13(7)
Ineffectiveness of appellate counsel
furnished to capital murder defendant, in
not raising objection to trial court’s refusal
to excuse prospective jurors for cause, did
not result in prejudice to defendant, as
neglected claim would not have had a rea-
sonable probability of success on appeal;
even though each of the challenged jurors
stated that he or she had heard of case and
that defendant had pled guilty to same
crime in another state, all of the prospec-
tive jurors stated that they would be unbi-

ased and follow judge’s instruc

U.S.C.A. Const.Amend. 6.

5. Criminal Law <633(1)

“Inherent prejudice” depriving «
dant of fair trial, occurs when pretria
licity is sufficiently prejudicial and in‘
matory and saturates community wher.
al was held; “actual prejudice” suff;
to deprive defendant of fair trial o
when prejudice actually enters jury
and affects jurors.

See publication Words and Phras«
for other judicial constructions an
definitions.

6. Criminal Law ¢641.13(7)

Ineffective assistance of counsel
vided by capital murder defendant’s a]
late attorney, in failing to raise pre
publicity point, did not prejudice defen
as it was not established neglected ¢
would have reasonable probability of
cess on appeal; although there had b
extensive media discussion of defen:
having hired two persons to kill his pr
nant wife in order that he might ob:
insurance benefits and marry another w
an, accounts had not been inherently pr.
dicial but rather factually objective, «
there had been a “cooling off’ period
nine months prior to trial during wh
case received little or no attent:
U.S.C.A. Const.Amend. 6.

7. Criminal Law ¢641.13(7)

Ineffective assistance of appell
counsel furnished to murder defendant.
volving failure to raise issue that pretr
publicity had created actual prejudice
defendant, was not sufficiently prejudici
as neglected claim would not have had ré
sonable possibility of success on appe
even though specific prospective jurors
terviewed on voir dire had all stated th
had heard of case, and of defendant havi
confessed in proceeding in another stat
each had stated that publicity had :

caused him or her to arrive at a fix:

opinion as to defendant’s guilt and all |
Spective jurors had agreed to
judge’s instructions. U.S.C.A
Amend. 6.


1134 941 FEDERAL REPORTER, 2d SERIES

many of the articles were melodramatic.
The articles, Heath alleges, focused on the
fact that Mrs. Heath was nine months
Pregnant when she was murdered. The
articles referred to the dead fetus by the
name that Heath had said he and his wife
had agreed upon, and they called the mur-
der a double homicide. In one article, the
Georgia Prosecutors lamented their inabili-
ty to bring charges for the death of Mrs.
Heath’s fetus due to the lack of a feticide
Statute.” Other articles referred to Heath
as a “con man.” His parents and brother
told the press that they thought he was
Possessed by the devil. Heath claims the
Coverage became more prejudicial follow-
ing his plea of guilty. The parents of the
victim told how they were upset that Heath
was not sentenced to death, Several let-
ters to the editor attacked the plea agree-
ment. The public’s reaction to the plea
agreement eventually forced the prosecu-
tor and the judge to make Statements de-
fending their actions. In the course of this
outcry against the plea agreement, Ala-
bama indicted Heath and sought his extra-
dition for capital murder. The media re-
ported that the Alabama trial was neces-
Sary because of Georgia’s failure to seek
the death penalty.

In addition, Heath complains of several
Sideshows that were extensively covered in
the media. First, he notes that the Troup
County, Georgia family court held open
hearings in the custody battle between his
parents and his in-laws over his son and
again in the later fight to Strip Heath of all
of his parental] rights. Both family court
hearings quickly degenerated into mud
slinging. Second, he notes the extensive
attention that was focused on Denise Lam-
bert’s award in a beauty pageant, her re-
puted family connections and wealth, and

’ the judicial system’s Supposed lenient treat-

ment of her.

Heath argues that this pretrial] publicity
infected“the venire and the jury. He notes
that 93% of the venire members (75 of 81)
heard about the case, 70% of the venire
members (57 of 81) knew that Heath had

The Georgia legislature quickly passed such a
tute in the aftermath of the Heath murder.

entered a plea of guilty or was convicted in
Georgia. He also notes that 83% of the
actual jurors (10 of 12) knew, prior to being
Summoned for jury duty, that Heath’s guilt
had been determined in Georgia. And,
Heath notes, the rest of the jurors were
told of the guilty plea during voir dire.

[5] Heath argues that the pretrial pub-
licity deprived him of a fair trial under both
an inherent prejudice and an actual preju-
dice analysis, Inherent Prejudice occurs
when the pretrial] Publicity “is sufficiently
prejudicial and inflammatory and the preju-
dicial pretrial publicity saturated the com-
munity where the trials were held.” Cole.
man v. Kemp, 778 F.2d 1487, 1490 (11th
Cir.1985). Inherent prejudice rarely oc-
curs. /d. Our Circuit has treated the in-

herent prejudice analysis as a mixed ques- -

tion of fact and law, Coleman, 778 F.2d at
1587 n. 17, but we review the record cogni-
zant of the fact that inherent Prejudice is

an unfair trial if he is able to show actual
Prejudice. Actual Prejudice occurs when
the prejudice actually enters the jury box
and affects the jurors. Coleman v. Kemp,
778 F.2d 1487, 1490 (11th Cir.1985). This
Court should look at the totality of cireum-
Stances to determine the extent of the prej-
udice. Jd. The petitioner cannot establish
actual prejudice without proving that at
least one juror should have been dismissed
for cause. Bundy v. Dugger, 850 F.2d
1402, 1427 (11th Cir.1988).

(6] Heath claims that he can demon-
Strate inherent prejudice because he claims
that he meets both the inflammatory and
the saturation requirements of the inherent
prejudice analysis. We disagree and hold
that he has not met either prong of the
inherent prejudice analysis,

We are guided by some Standards to
evaluate whether Ne€WS coverage is alleg-
edly inflammatory. For instance, the
courts have distinguished, and deemed ac-

See Ga.Code Ann. § 16-5-80.

Cite
ceptable, any pretrial publicity
purely factual in nature, see /
Yount, 467 U.S. 1025, 104 S.Ct.
L.Ed.2d 847 (1984), from pretrial]
which includes prejudicial or infla)
commentary. See Caleman, Sup?
courts are also extremely wary y
media saturates a town with high
dicial evidence such as inadmiss
dence, see Coleman, supra, or th
dant’s confession, see Rideau v.
ana, 373 U.S. 728, 83 S.Ct. 1417, 10
663 (1963). This highly prejudicial .
increases the risk of a trial by the ;
the exclusion of a fair trial where t
of evidence and cross-examination
the admission and weight of the «
that is ultimately placed before tl
As we recently noted in a related
the Fourteenth Amendment incor;
the Sixth Amendment right of a def
to be tried in “a fair trial in which t]
reaches its verdict based only on t!
dence subjected to the crucible of t
versarial process.” Woods ». Dugge
F.2d 1454 (11th Cir.1991),

We find that the record does not si
Heath’s claim that the news coverag
inflammatory. The vast majority c
articles were purely factual present:
of the news about the killing. In ad
Heath is unable to cite any articles in
the media discussed highly prejudiciz
dence in a manner that raises con
about potential jurors being influenc:
information not Subjected to the “en
of the adversarial process.” While }
is able to find several] articles which

inflammatory (e.g., the articles about H

being possessed by the devil) these art
are not typical of the vast majority of
articles. Moreover, Heath’s claims that
press expressed outrage at his plea bar;
and that the media later supported
bama’s later prosecution are not an a:
rate reflection of the record. Despite
lated letters-to-the-editor expressing «
rage, the general tone of the media’s
porting is quite restrained."

11. For example, one editorial actually came
against the Alabama prosecution because

ceptable, any pretrial publicity which is
purely factual in nature, see Patton v.
Yount, 467 U.S. 1025, 104 S.Ct. 2885, 81
L.Ed.2d 847 (1984), from pretrial publicity
which includes prejudicial or inflammatory
commentary. See Coleman, supra. The
courts are also extremely wary when the
media saturates a town with highly preju-
dicial evidence such as inadmissible evi-
dence, see Coleman, supra, or the defen-
dant’s confession, see Rideau v. Louisi-
ana, 373 U.S. 728, 83 S.Ct. 1417, 10 L.Ed.2d
663 (1963). This highly prejudicial evidence
4. __ increases the risk of a trial by the media to
| the exclusion of a fair trial where the rules
- of evidence and cross-examination govern
the admission and weight of the evidence
that is ultimately placed before the jury.
As we recently noted in a related context,
the Fourteenth Amendment incorporates
the Sixth Amendment right of a defendant
to be tried in “a fair trial in which the jury
reaches its verdict based only on the evi-
- dence subjected to the crucible of the ad-
versarial process.” Woods v. Dugger, 923
.2d 1454 (11th Cir.1991).

; We find that the record does not support
1 Heath’s claim that the news coverage was
inflammatory. The vast majority of the
_ articles were purely factual presentations
of the news about the killing. In addition,
- Heath is unable to cite any articles in which
the media discussed highly prejudicial evi-
dence in a manner that raises concerns
about potential jurors being influenced by
information not subjected to the “crucible
of the adversarial process.” While Heath
is able to find several articles which are
inflammatory (e.g., the articles about Heath
ing possessed by the devil) these articles
e not typical of the vast majority of the
icles. Moreover, Heath’s claims that the
ess expressed outrage at his plea bargain
d that the media later supported Ala-
ma’s later prosecution are not an accu-
e reflection of the record. Despite iso-
ted -letters-to-the-editor expressing out-
ge, the general tone of the media’s re-
ting is quite restrained."!

4’. For example, one editorial actually came out
@gainst the Alabama prosecution because the

HEATH v. JONES
Cite as 941 F.2d 1126 (11th Cir. 1991)

1135

We find against Heath for a second, inde-
pendent reason. Heath has not demon-
strated that the media coverage saturated
the market. A petitioner must prove (1)
that a substantial number of the people in
the relevant community could have been
exposed to some of the prejudicial media
coverage, and (2) that the effects of the
media saturation continued until the trial.
We have, on at least one occasion, rejected
an inherent prejudice claim because of a
failure of proof. See Mayola v. Alabama,
623 F.2d 992 (5th Cir.1980) (holding that
the record was unclear how widely read the
Birmingham News and the Post-Herald
were in Blount County, Alabama in 1962).
Heath has met the first portion of the
saturation requirement. Heath has pro-
duced evidence that Columbus, Georgia and
Phenix City, Alabama are a single media
market and that the relevant television sta-
tions and local newspapers cover the entire
area.
that each of the major local media sources
covered the murder and ensuing investiga-
tion equally thoroughly. However, Heath
has failed to meet the second portion of the
saturation requirement. Courts have rec-
ognized that in certain limited circum-
stances, the effect of inflammatory pretrial
publicity may be lessened if the media fo-
cuses on other news in the months prior to
the trial. See Patton v. Yount, supra.
But see Coleman, supra (declining to ap-
ply the “cooling off” rationale when there
was evidence that the local emotions contin-
ued to run deep and the “cooling off” peri-
od was marred by intense publicity immedi-
ately before the trial).. The record in this
case supports such a cooling off rationale.
The crime occurred on August 31, 1981 and
Heath was arrested four days later. In the
next several weeks, the story was placed
on the front page of the two local papers
nearly every day. Heath pled guilty in
February of 1982, and his co-defendants
went to trial during the spring. Through-
out this period, the case seemed to com-
mand the local news media’s attention. In
May of 1982, days after the final trial
finished in Georgia, Alabama brought

paper thought it violated the double jeopardy
clause and basic principles of fairness.

Heath has also produced evidence -


1136 %41 FEDERAL REPORTER, 24 SERIES

charges against Heath. The case Stayed in

from June of 1982 until the tria] began in
February of 1983, the case received little or
no attention in the news media. On aver-
age, there were only one or two articles in
the loca] Papers each month. Moreover, in
the days prior t6 the trial, the media men-
tioned the upcoming trial in only one or two
Short articles. Therefore, in order for
Heath to prevail on this claim, he must
Show that the articles published prior to
June of 1982 resulted in an unfair trial held
eight months later. Heath is unable to
Show that these articles, which Were, for
the most part, not inflammatory, marred
his trial] sufficiently for us to conclude that
this is one of those extremely rare cases in
which we should find inherent prejudice,

(7] Finally, Heath alleges that the pub-
licity created actual prejudice. He notes

examining the voir dire, the court should
determine Whether the jurors had fixed
opinions to the extent that they were un-
able to judge the defendant’s guilt impar-
tially and recommend an appropriate sen-
tence. Similarly, this Court in Bundy, su-
Pra, recognized that seating of a juror bya
State court over a challenge for cause will
be affirmed as long as there is fair support
in the record for the court’s decision. As
we have already noted, all of the Seated
jurors denied having a fixed opinion as to
Heath’s guilt and they all promised to fol-
low the judge’s instructions.

Cause the claim would not have been suc.

cessful if it were brought on appeal.

b. The Violation of the Privilege
Against Self Incrimination

[8] During the Georgia trial of Owens
and Lumpkin, the Georgia district attorney
called Heath to the Stand.’ Heath invoked
his Fifth Amendment right not to testify.
The district attorney argued that Heath

that Alabama might bring charges against

him for the same crime. During Heath’s
Alabama trial, the district attorney, over a
defense objection, asked Officer Malueg,
one of the investigating officers who was
present when Heath testified in Georgia,
about Heath’s testimony during Owens’
and Lumpkin’s trial in Georgia. Officer
Malueg testified that Heath “had refused

harmless beyond a reasonable doubt. Both
parties admit that Heath’s testimony was
relevant only to establish that the kidnap-
ping started in Heath’s home in Russell
County, Alabama. We note that there js
extensive evidence Supporting the state’s

Citea |

contention that the kidnapping st |
Russell County. The most import:
of evidence was Heath’s extensivi
sion to Officer Malueg on the nig!
arrest during which he admitted
kidnapping started in his home. M
some circumstantial evidence «
that the kidnapping started in
home. The investigating officers
crushed cigarette on Heath’s kitche
and Heath admitted that neither he
wife smoked. Also, on the mornin;
kidnapping, two neighbors noticed
Speaking with some men in a car
down the street from Heath’s
These men were seated in a car tl
seen later that morning speeding
from the wrecked ear containin;
Heath’s body. Furthermore, the
found tire tracks leading up to the
house, they found a door unlockec
found a fan blowing in Mrs. Heath
room, and they found that Mrs. Hea
not worn some jewelry that she cus
ily. wore when she left the house.
Prosecutor, in his closing, emphasize:
of these pieces of evidence. In light
this evidence, we conclude that the
was harmless beyond a reasonable
Because the error was harmless, the
Amendment claim would not have
successful on appeal. We therefore
that appellate counsel’s failure to rais.
claim was not prejudicial.

B. Subject Matter Jurisdiction

1. Procedural Bar

The Alabama Court of Criminal App
the last state court to issue an opii
reviewing the denial of the petition fi
writ of error coram nobis, stated
Heath should have raised his subject 1
ter jurisdiction claim on direct appeal.
court stated that this failure bars rev
but then stated “[nJevertheless, we |
that Alabama did in fact have jurisdic:

13. The Supreme Court's recent opinion in (
man v. Thompson, — US. —, 111 S.Ct. 2
115 L.Ed.2d 640 (June 24, 1991), does
change this analysis. Coleman altered Harr:
require the federal habeas courts to first mal
finding that the state court’s procedural
analysis either is interwoven with an analysi

n suc-

ge

wens
torney
ivoked
estify.
Heath
of the
ready
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ibility
rainst
eath’s
ver a
alueg,
9 was
orgia
we
ffiver
fused
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arges
ise of
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orney
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state’s
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2d ANS

HEATH v. JONES

1137

Cite as 941 F.2d 1126 (11th Cir. 1991)

contention that the kidnapping started in
Russell County. The most important piece
of evidence was Heath’s extensive confes-
sion to Officer Malueg on the night of his
arrest during which he admitted that the
kidnapping started in his home. Moreover,
some circumstantial evidence confirmed
that the kidnapping started in Heath’s
home. The investigating officers found a
crushed cigarette on Heath’s kitchen floor,
and Heath admitted that neither he nor his
wife smoked. Also, on the morning of the
kidnapping, two neighbors noticed Heath
speaking with some men in a car parked
down the street from Heath’s house.
These men were seated in a car that was
seen later that morning speeding away
from the wrecked car containing Mrs.
Heath’s body. Furthermore, the police
found tire tracks leading up to the Heath
house, they found a door unlocked, they
found a fan blowing in Mrs. Heath’s bed-
room, and they found that Mrs. Heath had
not worn some jewelry that she customar-
ily wore when she left the house. The
prosecutor, in his closing, emphasized each
of these pieces of evidence. In light of all
this evidence, we conclude that the error
was harmless beyond a reasonable doubt.
Because the error was harmless, the Fifth
Amendment claim would not have been
successful on appeal. We therefore hold
that appellate counsel’s failure to raise this
claim was not prejudicial.

B. Subject Matter Jurisdiction
1. Procedural Bar

The Alabama Court of Criminal Appeals,
the last state court to issue an opinion,
reviewing the denial of the petition for a
writ of error coram nobis, stated that
Heath should have raised his subject mat-
ter jurisdiction claim on direct appeal. The
court stated that this failure bars review,
but then stated “{nJevertheless, we hold
that Alabama did in fact have jurisdiction

13. The Supreme Court's recent opinion in Cole-

man v. Thompson, — U.S. ——, 111 S.Ct. 2546,
115 L.Ed.2d 640 (June 24, 1991), does not
change this analysis. Coleman altered Harris to
require the federal habeas courts to first make a
finding that the state court's procedural bar
analysis either is interwoven with an analysis of

to prosecute this appellant.” Heath v.
State, 586 So.2d 142, 148-44 (Ala.Crim. App.
1988). The district court below found that
this holding creates a procedural bar.
Heath disagrees. Heath argues that the
state court recognized that a procedural
bar existed, but the court chose to waive
the bar and proceed to the merits. Heath
notes that the use of the word “neverthe-
less” implies that “in spite of” the proce-
dural bar, the court intentionally reached
the merits.

(9] In Harris v. Reed, 489 U.S. 255, 109
S.Ct. 1038, 103 L.Ed.2d 308 (1989), a state
court mentioned a procedural bar and then
proceeded to the merits. In order to re-
solve the question of whether the state
court reached the merits or relied on the
procedural bar, the Supreme Court adopted
the plain statement rule set out in Michi-
gan v. Long, 463 U.S. 1032, 103 S.Ct. 8469,
77 L.Ed.2d 1201 (1983). Therefore, if a
state court opinion is ambiguous about
which of two grounds it relied upon, the
federal courts must presume that the state
court reached the merits. Harris, 489 U.S.
at 263, 109 S.Ct. at 263. The Court, how-
ever, recognized that in some cases the
State courts will discuss the merits as an
alternative holding. The Court held that,
in those cases, the federal courts should
defer to the procedural bar. Jd. at 254 n.
10, 109 S.Ct. at 1044 n. 10. But a state
court’s discussion of the merits is “an alter-
native holding” only if, after reading the
opinion as a whole, the federal court con-
cludes that the state court “ ‘clearly and
expressly’ state[d] that its judgment
rest[ed] on a state procedural bar.” Jd. at
263, 109 S.Ct. at 1043. Applying the Har-
ris test, we cannot conclude that the state
court “clearly and expressly” indicated that
the merits were an alternative holding,
therefore we must presume that the state
court reached the merits.!8

federal law or the state court primarily relied
on federal law before applying Michigan v.
Long’s plain statement rule. Since the state
court's finding, in the case at bar, was interwov-
en with federal law, we can properly use the
plain statement rule.


U.S. SUPREME COURT REPORTS

On May 5, 1982, the grand jury of
Russell County, Alabama, returned
in indictment against petitioner for
the capital offense of murder during
a kidnaping.2 See Ala Code § 13A-5-
40(a)(1) (1982). Before trial on this
indictment, petitioner entered pleas
of autrefois convict and former jeop-
ardy under the Alabama and United
States Constitutions, arguing that
his conviction and sentence in Geor-
gia barred his prosecution in Ala-
bama for the same conduct. Peti-
tioner also entered a plea contesting
the jurisdiction of the Alabama
court on the ground that the crime
had occurred in Georgia.

After a hearing, the trial cqurt
rejected petitioner’s double jeopardy
claims. It assumed, arguendo, that
the two prosecutions could not have
been brought in succession by one
State but held that double jeopardy
did not bar successive prosecutions
by two different States for the same
act. See Record 776. The court post-
poned a ruling on petitioner’s plea to
jurisdiction until the close of the
State’s case-in-chief. See id., at 778.

At the close of the State’s case,
petitioner argued that Alabama did
not have jurisdiction under state law
because there had been no evidence
of kidnaping and all the evidence
showed that Rebecca Heath was
killed in Georgia. The State re-
sponded that a kidnaping had been
proved, and that under Ala Code
§ 15-2-3 (1982), if a crime commences
in Alabama it may be punished in
Alabama regardless of where the
crime is consummated. The court

88 L Ed 2d

rejected both petitioner’s jurisdic-
tional plea and his renewed double
jeopardy claims. See Record 590.

On January 12, 1983, the Alabama
jury convicted petitioner of murder
during a kidnaping in the first de-
gree. After a sentencing hearing, the
jury recommended the death pen-
alty. Pursuant to Alabama law, a
second sentencing hearing was held
before the trial judge. The judge
accepted the jury’s recommendation,
finding that the sole aggravating fac-
tor, that the capital offense was
“committed while the defendant was
engaged in the commission of a kid-
napping,” outweighed the sole miti-
gating factor, that the “defendant
was convicted of the murder of Re-
becca Heath in the Superior Court of
Troup County, Georgia, .. . and re-
ceived a sentence of life imprison-
ment in that court.” Id., at 718-720.
See Ala Code §§ 13A-5-49(4), 13A-5-
50 (1982).

On appeal, the Alabama Court of
Criminal Appeals rejected petition-
er’s pleas of autrefois convict and
former jeopardy under the Alabama
and United States Constitutions and
affirmed his conviction. 455 So 2d
898 (1983). Petitioner then filed a
writ of certiorari with the Alabama
Supreme Court, stating the sole is-
sue to be “whether or not the prose-
cution in the State of Alabama con-
stituted double jeopardy in violation
of the 5th Amendment of the United
States Constitution.” App 92. The
court granted his petition, and unan-
imously affirmed his conviction. Ex
parte Heath, 455 So 2d 905 (1984).

2. The indictment stated:
“Larry Gene Heath did intentionally cause
the death of Rebecca Heath, by shooting her

with a gun, and Larry Gene Heath caused
said death during Larry Gene Heath’s abduc-
tion of, or attempt to abduct, Rebecca Heath
392

with intent to inflict physical injury upon her,
in violation of § 13A-5-40(a\(1) of the Code of
Alabama 1975, as amended, against the peace
and dignity of the State of Alabama.” Id., at

728.

HEATH v ALABAMA
88 L Ed 2d 387

The Alabama Supreme Court
noted that “[p}rosecutions under the
laws of separate sovereigns do not
Improperly subject an accused twice
to prosecutions for the same of.
fense,” citing this Court’s cases ap-
plying the dual sovereignty doctrine.
Id., at 906. The court acknowledged
that this Court has not considered
the applicability of the dual sover-
eignty doctrine to successive prose-
cutions by different States. It rea-
soned, however, that “[i]f, for double
Jeopardy purposes, Alabama is con-
sidered to be a sovereign entity vis-a-
vis the federal government then
surely it is a sovereign entity vis-a-
vis the State of Georgia.” Ibid.

Petitioner sought a writ of certio-
rari from this Court, raising double
Jeopardy claims and claims based on
Alabama’s exercise of jurisdiction.
No due process objections were as-
serted. We granted certiorari limited
to the question of whether petition-
er’s Alabama conviction was barred
by this Court’s decision in Brown v
Ohio, 432 US 161, 53 L Ed 2d 187
97 S Ct 2221 (1977), and requested
the parties to address the question of
the applicability of the dual sover-
eignty doctrine to successive prose-
cutions by two States. 470 US ——
88° L Ed 2 —— 106 Se
(1985). For the reasons explained
below, we affirm the judgment of the
Alabama Supreme Court.

[2] Despite the fact that this Court
did not grant certiorari on the con-
stitutional objection to Alabama’s
exercise of jurisdiction, petitioner
has continued to argue in this Court
his jurisdictional claim. See Tr of
Oral Arg 11-22, 29-31; Brief for Peti-
tioner 15. We decline to decide the
issue because petitioner did not
claim lack of jurisdiction in his peti-
tion to the Alabama Supreme Court

and he raised the claim for the first
time in his petition to this Court.
Pet for Cert 4. Even if we were not
jurisdictionally barred from consid-
ering claims not pressed or passed
upon in the state court, as has some-
times been stated, see, e.g., State
Farm Mutual Automobile Ins. Co. v
Duel, 324 US 154, 160, 89 L Ed 812
65 S Ct 573 (1945); Crowell v Ran.
dell, 10 Pet 368, 392, 9 L Rd 458
(1836), the longstanding rule that
this Court will not consider such
claims creates, at the least, a
weighty presumption against review.
See, e.g., Illinois v Gates, 462 US
213, 218-222, 76 L Ed 2d 527, 103 S
Ct 2317 (1983).

II

Successive prosecutions are barr
by the Fifth Amendment only if raf
two offenses for which the defendant
is prosecuted are the “same” for
double jeopardy purposes. Respon-
dent does not contravene petitioner’s
contention that the offenses of “mur-
der during a kidnaping” and “malice
murder,” as construed by the courts
of Alabama and Georgia respec-
tively, may be considered greater
and lesser offenses and, thus, the

same” offense under Brown v Ohio,
supra, absent operation of the dual
sovereignty principle. See id., at 169,
53 L Ed 2d 187, 97 S Ct 2221; Ilinois
v Vitale, 447 US 410, 65 L Ed 2d
228, 100 S Ct 2260 (1980). We, there-
fore, assume arguendo that, had
these offenses arisen under the laws
of one State and had petitioner been
Separately prosecuted for both offen-
ses in that State, the second convic-
tion would have been barred by the
Double Jeopardy Clause.

[1b] The sole remaining question
upon which we granted certiorari is

393


bg crecyted

SC On nt rete ie tee Tenet ire entre

ey LARRY GENE HEATH, Petitioner

a Pad

_.. ALABAMA
_ 474 US —, 88 L Ed 2d 387, 106 S Ct —
[INo. 84-5555}...
Argued October 9,°1985. Decided December 3, 1985.

Decision: Doulile jeopardy clause held‘not to bar ‘successive prosecutions by
two different states for the same act.

" SUMMARY

The defendant hired two men to murder his wife. After she was kid-
napped from their home in Alabama and shot, her abductors abandoned her
body in Georgia..The defendant pleaded guilty. to the murder charge
brought in Georgia in exchange for a sentence of life imprisonment. He was
subsequently indicted for murder during .a kidnapping: by a grand jury in
Alabama, and was tried in an Alabama trial court, which rejected his
double jeopardy claim and sentenced him to death upon his conviction. The
conviction and sentence were upheld: by the’ Alabama Court of Criminal
Appeals and the Alabama Supreme Court (455 So '2d.905).

On certiorari, the United States Supreme Court affirmed. In an opinion by
O’ConnoR, J., joined by Burcsr; Ch. J‘; and by*WuiITE, BLACKMUN, PowWELL,
REHNQUIST, and STEVENS, JJ., the court ‘held that under the dual sover-
eignty doctrine,’ successive prosecutions by two states for the same conduct
are not barred by the double jeopardy clause of the Fifth Amendment and
that, therefore, Alabama was ‘not’ barred 'from' trying the defendant for the
capital offense of murder during a kidnapping. after Georgia had convicted
him of murder ‘based’ on the same homicide. :

BRENNAN, Ji, joined by MARSHALL, sa dissented, expressing the view that
the different purposes or interests served by ‘specific statutes cannot justify
an exception to established double jeopardy law.

MARSHALL, J., joined: by, BRENNAN, J.; “aissented,’ expressing the view that
the dual sovereignty doctrine cannot Justify successive prosecutions: by

387


U.S. SUPREME COURT REPORTS

88 L Ed 2d

different states for the same act and that even where the doctrine to
support successive state prosecutions is a general matter, it simply could not
legitimate the collusion between Georgia and Alabama in this case to
ensure that the defendant would be executed for his crime.

HEADNOTES
Classified to U.S. Supreme Court Digest, Lawyers’ Edition

Criminal Law § 39 — double jeop-
ardy — dual sovereignty doc-
trine — successive prosecu-
tions by two states for same
conduct

la, 1b. Under the dual sovereignty

doctrine, successive prosecutions by
two states for the same conduct are
not barred by the double jeopardy
clause of the Fifth Amendment;
thus, a state is not barred by the
double jeopardy clause from trying a
defendant for the capital offense of

§ 20:218
131

Criminal Cases

TOTAL CLIENT-SERVICE LIBRARY® REFERENCES

21 Am Jur 2d, Criminal Law § 281
9 Federal Procedure, L Ed, Criminal Procedure § 22:239
7 Federal Procedural Forms, L Ed, Criminal Procedure

8 Am Jur Pl & Pr Forms (Rev), Criminal Procedure, Form
5 Am Jur Trials 27, Pretrial Procedure and Motions in

USCS, Constitution, 5th Amendment

US L Ed Digest, Appeal § 1104.5; Criminal Law § 39

L Ed Index to Annos, Criminal Law

ALR Quick Index, Former Jeopardy

Federal Quick Index, Double Jeopardy

Auto-Cite®: Any case citation herein can be checked for

form, parallel references, later history and annotation ref-
erences through the Auto-Cite computer research system.

ANNOTATION REFERENCES

Limitations under double jeopardy clause of Fifth Amendment upon
state criminal prosecutions. 67 L Ed 2d 831.

Supreme Court’s views of Fifth Amendment’s double jeopardy clause
pertinent to or applied in federal criminal cases. 50 L Ed 2d 830.

Acquittal or conviction in state court as bar to federal prosecution
based on same act or transaction. 18 ALR Fed 393.

Conviction or acquittal in federal court as bar to prosecution in state
court for state offense based on same facts. 6 ALR4th 802.

388

HEATH v ALABAMA
88 L Ed 2d 387

murder during a kidnapping after
another state has convicted him of
murder based on the same homicide.
(Brennan and Marshall, JJ., dis-
sented from this holding.)

Appeal § 1104.5 — jurisdictional
claim — necessity of raising
claim below

2. The United States Supreme

Court will not decide whether a
state trial court which convicted a
defendant has jurisdiction, where
the defendant did not claim lack of
jurisdiction in his petition to the
state highest court, but raised the
claim for the first time in his peti-
tion to the Supreme Court.

Criminal Law § 39 — double jeop-
ardy — dual sovereignty doc-
trine

3. Under the dual sovereignty doc-
trine, which is founded on the com-
mon-law conception of crime as an
offense against the sovereignty of
the government, when a defendant
in a single act violates the “peace
and dignity” of two sovereigns by
breaking the laws of each, he has
committed two distinct “offences” for
double jeopardy purposes.

Criminal Law § 39 — dual sover-
eignty doctrine — offenses
against different sovereignties

4. In applying the dual sovereignty
doctrine, the crucial determination
is whether the two entities seeking
successively to prosecute a defendant
for the same course of conduct can
be termed separate sovereigns, and
this determination turns on whether
the two entities draw their authority

to punish the offender from distinct
sources of power; thus, for purposes
of this doctrine, the states are sepa-
rate sovereigns with respect to the
Federal Government because each
state’s power to prosecute is derived
from its own inherent sovereignty,
not from the Federal Government,
and they (the states) are sovereign
with respect to each other because
their powers to undertake criminal
Prosecutions are derived from sepa-
rate and independent sources of
power and authority originally be-
longing to them before admission to
the Union and preserved to them by
the Tenth Amendment.

Criminal Law § 39 — dual sover-
eignty principle

5. The application of the dual sov-
ereignty principle cannot be re-
stricted to cases in which two gov-
ernmental entities, having concur-
rent jurisdictions and pursuing quite
different interests, can demonstrate
that allowing only one entity to ex-
ercise jurisdiction: over the defen-
dant will interfere with the unvindi-
cated interests of the second entity;
a state’s interest in vindicating its
sovereign authority through enforce-
ment of its laws by definition can
never be satisfied by another state’s
enforcement of its own laws, and
just as the Federal Government has
the right to decide that a state pros-
ecution has not vindicated a viola-
tion of the “peace and dignity” of
the Federal Government, a state
must be entitled to decide that a
prosecution by another state has not
satisfied its legitimate sovereign in-
terest. >

SYLLABUS BY REPORTER OF DECISIONS

Petitioner hired two men to kill
his wife. In accordance with petition-
er’s plan, the men kidnaped petition-

er’s wife from their home in Ala-
bama. Her body was later found on
the side of a road in Georgia. Peti-

389

U.S. SUPREME COURT REPORTS

tioner pleaded guilty to “malice”
murder in a Georgia trial court in
exchange for a sentence of life im-
prisonment. Subsequently, he was
tried and convicted of murder dur-
ing a kidnaping and was sentenced
to death in an Alabama trial court,
which rejected his claim of double
jeopardy. The Alabama Court of
Criminal Appeals and the Alabama
Supreme Court affirmed the convic-
tion.

Held: :

1. This Court will not decide
whether the Alabama trial court
had jurisdiction, where petitioner
did not claim lack of jurisdiction in
his petition to the Alabama Supreme
Court but raised the claim for, the
first time in his petition to this
Court.

2. Under the dual sovereignty doc-
trine, successive prosecutions by two
States for the same conduct are not
barred by the Double Jeopardy
Clause of the Fifth Amendment,
and, hence, Alabama was not barred
from trying petitioner.

(a) The dual sovereignty doctrine
provides that when a defendant in a
single act violates the “peace and
dignity” of two sovereigns by break-
ing the laws of each, he has commit-
ted two distinct “offences” for double
jeopardy purposes. In applying the
doctrine, the crucial determination
is whether the two entities that seek
successively to prosecute a defendant
for the same course of conduct can
be termed separate sovereigns. This
determination turns on whether the
prosecuting entities’ powers to un-
dertake criminal prosecutions derive
from separate and _ independent
sources. It has been uniformly held

390

88 L Ed 2d

that the States are separate sover-
eigns with respect to the Federal
Government because each State’s
power to prosecute derives from its
inherent sovereignty, preserved to it
by the Tenth Amendment, and not
from the Federal Government.
Given the distinct sources of their
powers to try a defendant, the States
are no less sovereign with respect to
each other than they are with re-
spect to the Federal Government.

(b) The application of the dual
sovereignty principle cannot be re-
stricted to cases in which two prose-
cuting sovereigns can demonstrate
that allowing only one sovereign to
exercise jurisdiction over the defen-
dant will interfere with the second
sovereign’s unvindicated “interests.”
If the prosecuting entities are sepa-
rate sovereigns, the circumstances of
the case and the specific “interests”
of each are irrelevant.

(c) The suggestion that the dual
sovereignty doctrine be overruled
and replaced with a balancing of
interests approach is rejected. The
Court’s rationale for the doctrine is
not a fiction that can be disregarded
in difficult cases; it finds weighty
support in the historical understand-
ing and political realities of the
States’ role in the federal system
and in the Double Jeopardy Clause
itself.

455 So 2d 905, affirmed.

O’Connor, J., delivered the opinion
of the Court, in which Burger, C. J.,
and White, Blackmun, Powell, Rehn-
quist, and Stevens, JJ., joined. Bren-
nan, J., filed a dissenting opinion, in
which Marshall, J., joined. Marshall,
J., filed a dissenting opinion, in
which Brennan, J., joined.

HEATH v ALABAMA
88 L Ed 2d 387

APPEARANCES OF COUNSEL

Ronald J. Allen argued the cause for petitioner.
William Duncan Little, III, argued the cause for respondent.

OPINION OF THE COURT

Justice O’Connor delivered the
opinion of the Court.

[1a] The question before the Court
is whether the Double Jeopardy
Clause of the Fifth Amendment bars
Alabama from trying petitioner for
the capital offense of murder during
a kidnaping after Georgia has con-
victed him of murder based on the
same homicide. In particular, this
case presents the issue of the appli-
cability of the dual sovereignty doc-
trine to successive prosecutions by
two States.

I

In August 1981, petitioner, Larry
Gene Heath, hired Charles Owens
and Gregory Lumpkin to kill his
wife, Rebecca Heath, who was then
nine months pregnant, for a sum of
$2,000. On the morning of August
31, 1981, petitioner left the Heath
residence in Russell County, Ala-
bama, to meet with Owens and
Lumpkin in Georgia, just over the
Alabama border from the Heath
home. Petitioner led them back to
the Heath residence, gave them the
keys to the Heaths’ car and house,
and left the premises in his girl-
friend’s truck. Owens and Lumpkin
then kidnaped Rebecca Heath from
her home. The Heath car, with Re-
becca Heath’s body inside, was later
found on the side of a road in Troup

County, Georgia. The cause of death
was a gunshot wound in the head.
The estimated time of death and the
distance from the Heath residence to
the spot where Rebecca Heath’s
body was found are consistent with
the theory that the murder took
place in Georgia, and respondent
does not contend otherwise.

Georgia and Alabama authorities
pursued dual investigations in which
they cooperated to some extent. On
September 4, 1981, petitioner was
arrested by Georgia authorities. Pe-
titioner waived his Miranda rights
and gave a full confession admitting
that he had arranged his wife’s kid-
naping and murder. In November
1981, the grand jury of Troup
County, Georgia indicted petitioner
for the offense of “malice” murder
under Ga Code Ann § 16-5-1 (1984).
Georgia then served petitioner with
notice of its intention to seek the
death penalty, citing as the aggra-
vating circumstance the fact that
the murder was “caused and di-
rected” by petitioner. Record 742.
See Ga Code Ann § 17-10-30(b)(6)
(1982). On February 10, 1982, peti-
tioner pleaded guilty to the Georgia
murder charge in exchange for a
sentence of life imprisonment, which
he understood could involve his serv-
ing as few as seven years in prison.
See Record 495.

1. The indictment read as follows:

“(The grand jurors] in the name and on
behalf of the citizens of Georgia, charge and
accuse LARRY GENE HEATH [et al.] with
the offense of MURDER (26-1101): for that the
said LARRY GENE HEATH [et al.] on the

date of August 31, 1981, in the county afore-
said, did then and there unlawfully and with
malice aforethought cause the death of Re-
becca McGuire Heath, a human being, by
shooting her with a gun, a deadly weapon.”
Record 740.

391

U.S. SUPREME COURT REPORTS

ernment and the States,’? the ques-
tion of whether a similar rule should
exempt successive prosecutions by
two different States from the com-
mand of the Double Jeopardy Clause
is one for which this Court’s prece-
dents provide all too little illumina-
tion. Only once before has the Court
explicitly considered competing state
prosecutorial interests. In that case,
it observed that where an act is
prohibited by the laws of two States
with concurrent jurisdiction over the
locus of the offense

“the one first acquiring jurisdic-
tion of the person may prosecute
the offense, and its judgment is a
finality in both States, so that one
convicted or acquitted in ‘he
courts of the one State cannot be
prosecuted for the same offense in
the courts of the other.” Nielsen v
Oregon, 212 US 315, 320, 53 L Ed
528, 29 S Ct 383 (1909).

Where two States seek to prose-
cute the same defendant for the
same crime in two separate proceed-
ings, the justifications found in the
federal-state context for an exemp-
tion from double jeopardy con-
straints simply do not hold. Al-
though the two States may have
opted for different policies within
their assigned territorial jurisdic-
tions, the sovereign concerns with
whose vindication each State has
been charged are identical. Thus, in
contrast to the federal-state context,
barring the second prosecution
would still permit one government

88 L Ed 2d

to act upon the broad range of sover-
eign concerns that have been re-
served to the States by the Constitu-
tion. The compelling need in the
federal-state context to subordinate
double jeopardy concerns is thus
considerably diminished in cases in-
volving successive prosecutions by
different States. Moreover, from the
defendant’s perspective, the burden
of successive prosecutions cannot be
justified as the quid pro quo of dual
citizenship.

To be sure, a refusal to extend the
dual sovereignty rule to state-state
prosecutions would preclude the
State that has lost the “race to the
courthouse” from vindicating legiti-
mate policies distinct from those un-
derlying its sister State’s prosecu-
tion. But as yet, I am not persuaded
that a State’s desire to further a
particular policy should be permit-
ted to deprive a defendant of his
constitutionally protected right not
to be brought to bar more than once
to answer essentially the same
charges.

Ill

Having expressed my doubts as to
the Court’s ill-considered resolution
of the dual sovereignty question in
this case, I must confess that my
quarrel with the Court’s disposition
of this case is based less upon how
this question was resolved than upon
the fact that it was considered at all.
Although, in granting Heath’s peti-
tion for certiorari, this Court or-

2. United States v Wheeler, 435 US 313, 55
L Ed 2d 303, 98 S Ct 1079 (1978), where the
Court upheld successive prosecutions by Fed-
eral Government and Navajo tribal authori-

ties, merely recognizes an analogous relation-
ship between two governments with comple-
inentary concerns. While the Court noted that
“Congress has plenary authority to legislate
402

for the Indian tribes in all matters, including
their form of government,” id., at 319, 55 L
Ed 2d 303, 98 S Ct 1079, Congress has in fact
wisely refrained from interfering in this sensi-
tive area. The relationship between federal
and tribal authorities is thus in this respect
analogous to that between the Federal Gov-
ernment and the States

HEATH v ALABAMA
88 L Ed 2d 387

dered the parties to focus upon the
dual sovereignty issue, I believe the
Court errs in refusing to consider
the fundamental unfairness of the
process by which petitioner stands
condemned to die.

Even where the power of two sov-
ereigns to pursue separate prosecu-
tions for the same crime has been
undisputed, this Court has barred
both governments from combining to
do together what each could not con-
stitutionally do on its own. See Mur-
phy v Waterfront Comm’n, 378 US
52, 12 L Ed 2d 678, 84 S Ct 1594
(1964); Elkins v United States, 364
US 206, 4 L Ed 2d 1669, 80 S Ct
1437 (1960).° And just as the Consti-
tution bars one sovereign from facili-
tating another’s prosecution by de-
livering testimony coerced under
promise of immunity or evidence
illegally seized, I believe that it pro-
hibits two sovereigns from combin-
ing forces to ensure that a defendant
receives only the trappings of crimi-
nal process as he is sped along to
execution.

While no one can doubt the pro-
priety of two States cooperating to
bring a criminal to justice, the coop-
eration between Georgia and Ala-
bama in this case went far beyond
their initial joint investigation. Geor-
gia’s efforts to secure petitioner’s
execution did not end with its accep-

tance of his guilty plea. Its law en-
forcement officials went on to play
leading roles as prosecution wit-
nesses in the Alabama trial. Indeed,
had the Alabama trial judge not
restricted the State to one assisting
officer at the prosecution’s table dur-
ing trial, a Georgia officer would
have shared the honors with an Ala-
bama officer. Tr 298. Although the
record does not reveal the precise
nature of the assurances made by
Georgia authorities that induced pe-
titioner to plead guilty in the first
proceeding against him, I cannot be-
lieve he would have done so had he
been aware that the officials whose
forbearance he bought in Georgia
with his plea would merely continue
their efforts to secure his death in
another jurisdiction. Cf. Santobello v
New York, 404 US 257, 262, 30 L Ed
2d 427, 92 S Ct 495 (1971).

Even before the Fourteenth
Amendment was held to incorporate
the protections of the Double Jeop-
ardy Clause, four Members of this
Court registered their outrage at “an
instance of the prosecution being
allowed to harass the accused with
repeated trials and convictions on
the same evidence, until it achieve[d]
its desired result of a capital ver-
dict.” Ciucci v Illinois, 356 US 571,
573, 2 L Ed 2d 983, 78 S Ct 839
(1958). Such “relentless prosecu-
tions,” they asserted, constituted ‘an

3. To be sure, Murphy, which bars a State
from compelling a witness to give testimony
that might be used against him in a federal
prosecution, and Elkins, which bars the intro-
duction in a federal prosecution of evidence
illegally seized by state officers, do not neces-
sarily undermine the basis of the rule allow-
ing successive state and federal prosecutions.
It is one thing to bar a sovereign from using
certain evidence and quite another to bar it
from prosecuting altogether. But these cases
can be read to suggest that despite the inde-
pendent sovereign status of the federal and

state governments, courts should not be blind
to the impact of combined federal-state law
enforcement on an accused’s constitutional
rights. See Note, Double Prosecution by State
and Federal Governments: Another Exercise
in Federalism, 80 Harv L Rev 1538, 1547
(1967). Justice Harlan’s belief that Murphy
“abolished the ‘two sovereignties’ rule,” Ste-
vens v Marks, 383 US 234, 250, 15 L Ed 2d
724, 86 S Ct 788 (1966) (Harlan, J., concurring
in part, dissenting in part), was thus well
founded.

403

U.S. SUPREME COURT REPORTS

unseemly and oppressive use of a
criminal trial that violates the con-
cept of due process contained in the
Fourteenth Amendment, whatever
its ultimate scope is taken to be.”
Id., at 575, 2 L Ed 2d 983, 78 S Ct
839. The only differences between
the facts in Ciucci and those in this
case are that here the relentless
effort was a cooperative one between

404

88 L Ed 2d

two States and that petitioner
sought to avoid trial by pleading
guilty. Whether viewed as a viola-
tion of the Double Jeopardy Clause
or simply as an affront to the due
process guarantee of fundamental
fairness, Alabama’s prosecution of
petitioner cannot survive constitu-
tional scrutiny. I therefore must dis-

sent. oe

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D "Free HENRY, black, hanged 5. nartay Ayaes O tober i 185.

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124 HISTORY OF CONECUH.

But that which was engrossing more and more

public attention was, the political issues of the period.

~The alternating victories secured by both parties kept
them constantly on the alert. The greatest care had
to be taken to avoid the mistaice of placing any other
in the field than the most popular man. The standard
bearer of the Democratic hosts in the county, in 1845,
was James A. Stallworth; that of the Whigs was
Mortimer Boulware. Mr. Stallworth was a young
nan, who was just now catching public attention by
the brilliancy of his oratory, and by the readiness with
which he grappled with the issues of his opponents.
We found in Mr. Boulware a formidable opponent.
The county was never more thoroughly canvassed and
aroused. Kverywhere the zealous candidates were
met by vast crowds. In the election which followed,
both parties strained their facilities to the utmost ten-
sion. Mr. Stallworth bore off the palm of victory,

and thus commenced a brilliant political career, as will’

be seen‘in the future history of the county.

In March of this year, a sad tragedy occurred in the

vicinity of Bellville, which, because of its connection j

with one of the most distinguished families of Conecuh,
cast a gloom over the whole county. A freedman,
who was popularly known as\ “Free Ilenry,” in a-

rencounter with Joshua and James IHawthorne—two =

sons of Col. J. R. Hawthornc—fatally stabbed the
latter named young man. ‘The freedman was arrested,

lodged in jail, at Sparta, at the approaching term of |
; | x

;
LA eat aaa eects elcete etiatienceriee

UISTORY OF CONECUIH. 125

court convicted of murder, and was publicly exccuted
by hanging, in October of the same year,

The success which had constantly attended the
navigation of the Conecuh by raft boats, excited a
desire finally to launch upon her waters a more stately
craft, and one in more apt keeping with modern ad-
vancement. Accordingly a meeting was called at
Brooklyn, in August, 1845, to consider the feasibility
of undertaking the navigation of the river by steam.
It was called the Steam Navigation Mecting. Tt was
the occasion of much interest, many of the wealthiest
and most enterprising gentlemen of the county having
responded to the call, The advisability of such an
enterprise was duly considered, and a stock company
was formed. Subsequently the steamer “Shaw” was
purchased, duly manned, and started on a trip up the
river. Expectations became more sanguine still, when
the stermer had reached Brooklyn landing without
hindrance or disaster. The bout, unloaded of its
cargo of supplies, which it had borne up the stream
from Pensacola, was re-loaded with cotton, and, amid
the most jubilant expectations, started southward.
But, alas! when it had descended the stream but a
short distance, it struck an unfriendly snag and was
sunk, and with it sank the hopes of the ardent insti-
eators of the enterprise. The whole cargo wits lost.
Mr. George Turk—the father of Laban Turk, of
Monroe—was the principal loser, having on hoard
most of the eotton, The result: of this sad) c:tustro-

phic Wits ft protracted law suit between Mr. ark ane


M4, 4

Box 98 =? |
Centreville} Alabama 35042
October 18, 1977

ve ys
a “)

Mr. Watt Espy, Jr.
Law Library

Box 6205
University, Alabama

Dear Mr. Nagy:

I held up my letter to try to verify the hangins of
the cases I reported, and that of Nellie Bestor.

I checked THB CENTREVILLE PRESS files,but found the
office files ttncomplete yesterday, so looked in the old
files in the “ourthouse attic this morning. The file for 1911
and 1923-1935 were missing at the courthouse and the 1923
file was not in the fress building.

Kn account of the hanging of Alex Hill on August 4 was
given in the August 5, 1899 issue, with pictures of the
attorney, murderer, and others, but there was no information
about him in that paper.

The September 15, 1921 paper reported that Clyde Thomas
would be executed September 15, at 9:30 Ae Me, and would be bought
from Birmingham, where he had been taken for safekeeping, by
the sheriff and State troops. He was said to have been raised at
Randolph and was always considered peaceable. On the September 22
issue, the reporte# described the hanging and said that spvldiers
were stationed at various points around the square during the
hanging. His body was returned to Birmingham and buried in
Potter's Field, on the order of the Governor,

In the same report of this hanging, the reporter saig that
Ephram High would be executed for highway robbery and the attempted
murder of Mr. Arnold of Vamp Hugh ( Pondville). I did not check thi

( inns
Mr.: Fred wooa seek, father, Huey Wood, was sheriff of
Bibb County from 1926! to 1924, said that he does not recall the
hanging of Nellie Bestor. He said that his father hanged only

one person, Clyde Thomas. Miss Grace Ward, whose father served
three terms, includéng those before and after Mr, Woqod's, said her
father never hanged any one, although he thought he would have to.
She remebers his getting out the ropes and " stretching " them.

She remembered the Besbbtr woman being sentenved, but did not recall
her being hanged. We believe the Governor may have gievn her a
commuted sentence. I am sorry I could not find the 1923 papers,

as I am sure there must have heen an account. You might be able

to find a report in an old Birmingham paper, if the University

keeps these old files.
Over


Box 98
Centreville, Alabama
October 25, 1977

Mr. Watt Espy
Law Library
University, Alabama

Dear Mr. Espy:

I attempted to locate the 1911 file of THE CENTREVILLE PRESS
again this week,bby could not find it. Ohe of the employees and
a lawyer who came in helped me look,

As Henry Winston was supposed to be executed December 22,
I thought the story might be in the January issues, but could not

find anything about the hanging in the issues for January 4 or
January 13, 1912.

I also looked again for the 1925 file, but did not find it.
While looking for a report of Ephraim High's execution, I found

_ accounts of Nellie Bestor's murder of her hushand at Woodstock, in
he 1922 file. é

of Ephraim High's

8, it reported that
rt. On September

: ‘ne Sawmi
“the railroad track, :
2s; and left him for d

-coul not verify the o

the 1911 file in 1)
know what happened


\

(Bc “1929. La ate

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5 Saalinie dood Oe

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a copy.

POULTRY: RY SHOW SET!

fer Prizes at M

geni September ; 4 ete to:
reak “itf record of ' ‘last year; when
the Aargest. ‘poultry show in Alabama
was pUt en as part of the Mobile
tair, the ‘poultry department. of the
- announced yesterday “plans are
Solng forward to make the glow be-
winding October.33, the Best held in
the! south. . The” American //Polltry |
Rasotiation wil have its annual state
ineet during fair j week,’ and practi-

will come to the: city,, according to
fair. officiala _Premiums for dictribu-
tion mdy be won bytany exhibitor,
regardless, of hig) resigenc

The’ Ainerican. Poultry. sociation
will sive premiums similar ‘to, those
siven {n/ News York, Chicago, and
other, of its shows... The National
White’i Wyandotte of America,® the

the department and each
: few ‘to sex, axe, name of

sald: to be
Another: Important busin
oonsummated ig:
of a quarter of*

eers,.- from «J 180n,;;ocal

italiet, ‘This property {¢ sald to
brrght f: price around. $20,000.
ers, contemplate: Sroptie
iad on. thé site. which.

‘witha frame buliding.

hay

Amerie Poultry Aveo Assacition to oF.

cally all the Armportant poultry clubs |:

hag. ae For.’
~ Highway. Robbery

i  Centreviite, September. 1 Ephriam
High, negro, was hanged in’ the Bibb
county jail at 12 o'clock stoday for
highwa: robbery. |) + Sheriff, Wood
sprung ‘the’ trap from which the negro
Was soor, dead) The victim’ tof the

eae tobbery was J. 3% Arnold.

The crime from jwhich High paid
the penalty.with his life was coni-
mitted. about~a: year agi and upon
conviction th the circuit court he was
sentenced to death. The was appealed
and supreme court affirmed the sen-
tence of the lower court. . The state
pardon board:and Governor Kilby re-
fused to recommend. or grang cle-
mency. and the sentence of the law
was carried out at noon. ©

The Cleuourne High scheol and
lin” grammar schoo) ‘will open
day, Beptember ¢, at 20 O'clock; at
agditorium, Dr. Frasier of Jac

‘eille State. normal and Dr, Gla:
Bean of Harvard,
pal speakers,
made by prominent Cleburne coy
educators,

HIGH SCHOOL 'T¢‘ OPEN,
Heflin,’ September « 1—(@p

will be the
Other talks: wii

ry

~ Each fassing: day Rerabe Ay end of Porter's Cesar
+> ; «Sale nearer, If you intend to own your fail suit at the>
_, saving indicated by these REAL. reductions, on mer:
» chandise new THIS season, Bet busy!”

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r


Vr, Watt on eee
ee Library
Box 6205 .
University, Alabama

Dear Mr. Nagy:

I held up my letter to try to verify the hangins of
the cases I reported, and that of Nellie Bestor.

I checked THB CENTREVILLE PRESS files,but found the
office files tncomplete yesterday, so looked in the old
files in the “ourthouse attic this morning. The file for 1911
and 1923-1935 were missing at the courthouse and the 1923
file was not in the fress building.

Kn account of the hanging of Alex Hill on August 4 was
given in the August 5, 1899 issue, with pictures of the
attorney, murderer, and others, but there was no information
about him in that. paper.

The September 15, 1921 paper reported that Clyde Thomas
would be executed September 15, at 9:30 A. M., and would be bought
from Birmingham, where he had been taken for safekeeping, by
the sheriff and State troops. He was said to have been raised at
Randolph and was always considered peaceable. On the September 22
issue, the reporte# described the hanging and said that spvldiers
were stationed at various points around the square during the
hanging. His body was returned to Birmingham and buried in
Potter's Field, on the order of the Governor,

In the same report of this hanging, the reporter saig that
Ephram High would be ea aka for highway fee and the attempted
murder of Mr. Arnold of Vamp Hugh ( Pondville). did not check thi

ek Cen

Mr. Fred Wooa, these father, Huey Wood, was sheriff of
Bibb County from 1920 to 1924, said that he dbes not recall the
hanging of Nellie Bestor. He said that his father hanged only
one person, Clyde Thomas. Miss Grace Ward, whose father served
three terms, includéng those before and after Mr. Waod's, said her
father never hanged any one, although he thought he would have to.
She remebers his getting out the ropes and " stretching " them,
She remembered the Besbbr woman being sentenved, but did not recall
her being hanged, We believe the Governor may have gievn her a
commuted sentence. I am sorry I could not find the 1923 papers,
as I am sure there must have heen an account. You might be able
to find a report in an old Birmingham paper, if the University

keeps these old files. |

Mr. Watt Espy, Jr.
Law Library
Box 6205
University, Alabama 35486

Dear Mr. Espy:

Dr. Rhoda Ellison and I searched some: of the olff CENTREVILLE
PRESS newspapers on file, in order to get information about some

of the famous cases tried in our Courthouse, and put this information
in our application to have Centreville Business District declared

a ‘ational Historical site.

I found an account in THE CENTREVILLE PRESS, June 8, 1899, and
in later ,dditions, reporting that Alex Hill, a Negro living near
Eoline, murdered l\rs. Hester ( R. H. ) Hubbard, who lived near Eoline,
on June 5. He was represented by Jerome T. Fuller, a prominent
Centreville lawyer. He was sentenced to be hanged on August 4., 1899,
at his trial Jne 30.

Dr. Ellison found an account in THE CENTREVILLE PRESS, November
23, 1911, of the trial of "enry Winston, alias Josh Wegworth, on
November 18, He was convicted and sentenced to be hanged on December 22,
He was a black. tramp and escaped convict. He allegedly robbed a Mrs,
Filgo of Eoline and " outraged" ( Raped) her daughter. He was trailed bu
bloodhoundsand captured,

Dr. Ellison also found an account if THE CENTREVILLE PRESS for
August 11 and 18, 1921, a report on Clyde Thomas, a black yardman
employed by John Wallace of R_ndolph. He was tried for the August 9
rape and murder of Mr. Wallace's fourteen year old daughter. He was
sentenced on August 17, after a ten minute deliberation by the jury,
to be hanged on September 15.

Mr. Foster told me that he was unable to find an indexed list
of the murder cases. I do not have time to check all the old records or
newspapers to try to find other cases. We did see accounts of other
cases, but made no notes on them, as we were looking for the most famous
cases tried here,

%
Sincerely,

Un Lae of ey

Mrs. Josiah Kenne

PRVERLED

HILL, Alex, black, hanred Centerville, Alabama, August l, 1899,

of Acaired to see: Mr. e Hobbardl

’ Mr. Hubbard beard the remark: and
arose from bed and was dressing when

me pl iaheere a shot gun fired. He rusbed
to the porch just fo time to: catch: his

wife who. was. falling. backward, hav-
-| Ing been shot near the heart. (She aed

"| without speaking a word.

Bgectsl the phen Nowa...
Centreville, Ala., Aug: 4—Alex: Hill

was hanged at 12 m, within the walls

of the county jail for the morder. of

Mrs. ‘Hester Hubbard at. her bome on

the Sth day of June: He' was” ‘tried
July, and sentenced. the same ey: to
be banged August 4..
Bince. early” this: morning” there: ‘was
“continual: ‘stream of. people visiting
the: county: jail. to see the: condemned
man until the Sheriff closed: the: door

about: 11 o'clock and allowed no. others:

enter: except those” allowed by law.

signed: to his fate. ‘Yesterday evening}

he: aided” some in arranging the acaf-
fold and said he was: ready when. the

time came. “He sald that he was ready,

to die ‘and was golng: to Heaven. fk

He arose early this ‘morning aad atl

“talked. cheer-
tin to see him.

hearty breakfast.”
fully’to those who
Promptiy at .11
ed up: the steps of: the seaffald: escort-

ed by Sheriff Vance. After Rev.- Wes-

ley; his colored spiritual adviser, had

yead a chapter tn the Bible. ‘and pray-|:.

ed:Alex made about a. ce erger tae ‘cared for by.a neighbor who bad come

| to. nurse Mr.: Hitpbards and look after
The. ‘child's pathetic]. y
cries. aroused: the abger of the posse, |

in which he said::
| HILLS SPEECH.

: ace going to leave you all An! a few:
minutes. Just twenty- sive’ <yearr, four}:

months and tén. days. ago. L came: ‘Into

this world and now I ain going out. * Ii .
thank God He has ‘spared me: this: long |
ard. given me, this chance to prepare:

my youl. There are 80 many -who.are
taken, away wihont any time to” pre-

pare f ‘eternity, but I thank: God that

I have ‘had time before this day eet
apart for me to. leave you all.”

1 am. going: ‘o- Heaven; : fer ato the :

fret blow of the jrampet: on judgment
morning : I'lt-be there, and: want you.
all to meet me there. L. want: all of
you. who ‘are pol» auy meet me: in
Heaven to bold Up. ‘your. hands, both
white” and black. (Several heli” up

theirc. hands) PL want ail of “on who
will to come and shake: bands with me:
‘YT haven't got anything meant ANY, ane

fo thie word”

| Hull and his brother bad fed.”

‘clock FI walk-|:

| the: ‘lttle: one.

> All had fired at her. and the hartge

cbarxe was fired at Hubbard, and one

mother had just fallen a victim. to the

cruel: murderer's deadly alm.

Hubbard secured bis own: ‘gon: an

“agickly as possible and endeavored’ to

owing the. murderer, but: it-was. too Jate.

=. WILL-HILL'S. CAPTURE.
The crime: provoked. wild excitement.

‘were. formed ands search begun’ Ip
every direction. to appreneod: the guilty
ones. $6
It! was: not’ Faonbted: that: win AN
was a party‘to the murder, although
be might not have fired the fatal shot,
‘He was present: tegia was: regarded as
particeps: criminis.. “i

» Three days after: ate ne. wil in
was: captured in a’ cabin_about: ten
‘miles from: the scene of. the’ ‘murder:
The posse: which apprehended: him had
been: on his trail: all: night: and finally
run. bim’ down,” ‘Some were ready: to
lynch: ‘him: on the ‘spot, bat it was de
cided to take him back t to ‘Hubbard for
Identification: oe

The march to the Hnbbard ‘home: was
begun): Hijl: meanwhile’ confessing, his
Adentity, but denying. that: he bad any.

to: discloses his: brother's whereaboute |
Pas ie ‘DRAMATIO LYNCHING.

daylight. The first sound that greeted

been’ wounded at the ‘time: Mrs. Hub-
bard was_slain. It was: being’ ‘kindly

and: its. members became eumoationty for
revenge. Se

"Halting Jn- a grove ‘near. ‘the: iauee.
where a few days’ before the murder
bad: been’ enacted, : the: posse sent a
committee Jn to see Hubbard and’ as-
certain if he could identify Hill’ There}

should be lynched:
‘A: toal effort. was’ foade: to gt him

‘gullty: ‘brother, and. the negro. was even
‘strung up and. taken down, but he still
professed) his: ignorance: of the mur
derer's hiding pluce.

enicled: ‘the grief stricken man to the

hover the negro, whose hourscon earth

bad dope: its deadly: work.» Avother.

‘sbot struck: him {n: the arm, while. an- -
other wounded bis infant cbild, whose):

‘As soon’ as the news of It spread posses |

part in the: ‘crime or’ knew of. the pur:
pose of bis brother. Efforts to get him:

‘Hubbard's bome was reached just: at.

the ears: of. the posse was the plaintive
cries. of the motherless- babe, who had

was oo doubt as to the negro’s tdentity, a a
‘and I¢ was quickly: Hotermined: that he y

ee Confess the. whereabouts of: his ;

- Finally: four meno went. to Hubbard’ eo
sick room, aud, Placing: him ipa chair, |>

grove. where: the posse stood guard.

oe

- ainoug the negroes In Bibb belie to

mtrder: certain prominent whites and
that the untimely fate which. overtook
the Hill: brothers brought the plot to
an.end.. The murder caused intense
feeling in. Bibb county and had Alex
Hill fallen into the hands of bis pursu-
ers immediately after the marter he.
would certainly have gone the way. pis
had not overtaken him. ~~
brother did, if indeed a more ervel. rate

: ~ POLO “PLAYER ‘DEAD,
> Lamdone Aug. 4—Mr. J. W. Dry:

brough, one of the best polo players}
in England; died this morning as thej

result of an accident sustained in the

afternoon during a polos torunament at}
Rugbee. ie :

: THE ‘TEXAS STATE'S ATTORNEY |,

{ee
~~ Maloc

ne

And the | B
_~ Parsued

fF

Looking: ‘Into. Removal. of. Texarkans ee

and: Fort Smith Offices.::

actin! Tex., Aug, -4.—Relative’ to
the removal of the general office of the
Texarkana and Fort. Smitb. Railroad
from. the,.State, Attorney-General
Smith in reply to/a letter today said:
“T have already given careful consider-
ation to the matter referred to,. viz.,
the removal of jthe general. offices of
the Texarkana and Fort Smith rail-
road out of the State and thé appoiat-
ment by the Federal Court of non-resi-

| dents ofthe State of Texas receivers

of/the property of said Railroad com-
pany. Twill take. legal steps to see
that: ‘all: this action is brought before
our: court’ for judicial termination,
- “T-have advised with the only mem-|
ber.’ ‘of. the railroad commission who is
bere; ‘Judge Storey, aid have outlined
to him the proper legal steps to take
and he agress with me as to the course
wat shoul be gorse re

Made: : es Fine. Showing. in
4 Bank. puetinges i

row oa TH J

Out-Olassed by Far, and Tnoreases
os Groups” of : Cities
- Boos, + Abead of

Tune. mo

seas a — a

Now York; Aug. 4 Bradatreet's to-
morrow will say:
— duly bank clearings are orrviee “ot

relatively small’ volume, reflecting, as

‘Chicago, 4
Tribune from
“Dispateh
that the Yaq
ly: growing
dians in the
rising in arm
and -mounta
ions. already
thorities.
“Jack Raq
character,
rapher. Fx.
Almos. whe

-j|the Indians

**Three sid
near Meda
Aurillo F. P
of them, wet
set on fire’E
forces, who

“The bod
floatiii gin tl
the Alondre
‘| was leaving)
its way. ba
Indians we

“It is repo
ily were ca}
to: embark
that Parede

= rescue: then

“Troops
posed to h
graph lire :
cut. The Ig
‘are quiet, a
join the in

“Col. Ang
yesterday. ¢
noted merc
as repo
Monday,..b
cater Gene

x cum they f

from Con
guard of

,{ and the bo¢

ing has be

-|TO PUSH

Only Good;

San F al

fnformatio


appeared. ‘at Hubbard's ,
ate with his” y eareet) wilt Hil

home to

? they. do;
y. Rpecilation and ‘Dusiness.
e| prise, theretore, to find: that the aggre:

“gate of bank. clearings for that month
| 1s smaller, than {on any. preceding month.
: this: year with: fhe exception. oh Feb-

PIGURES THAT SHOW it

»} morrow: will eay:. Lad x
5 uly bank clearings. are aunally of :

tively” smal) volume,. reflecting, a8
inld summer quietness in
-It ls no sur-

Wy hen) “comparisons: are: Emade with:

E | preceding - months of July, however, it

a; ls found that the volume of bank clear-

ness and

ings exceeds that of, Any. corresponding:

>| month.

“An reapecieliy: tnvorable Sriwine ‘Is

d ‘made when comparison is. instituted

with: July, 1998, a month of large bus!-
ny recedented mid: summer
clearings a

=“In every. astance: gains. be groups

un of: cities. over” 1998 prove to be heavier.

than’ were: shown. {n° ‘June, and when

| the: additional fact. is remembered that
Jonly two. cities of the United: Mates

{ showed. decreases ine July from July a
year ago, some idea may be had of the

immense” ‘expansion in: current clear:

i ances which: has occurred.

Wa y ordered by
PAR” taken” ‘safely,

tcalled: :
| whe: Hubbard: came out that he (AN).
told, ‘him that: he could” not neglect: his
fown Dp.
: come -to-pay him: what he owed him.:
1 HUM said that Hubbard cursed him and.
eached © down’ ‘to get a plow point to
| throw. ‘at: him: as. he: supposed. atc ls

orking. for him and had

“toy Hill, he fired) at Hub-|:

according.

e} bard, the- “charges striking. Mra, Hub- |

b cde
HUI sald: that: he. ‘dia. not: antend: a

\shoot Mr Hubbard ané@ was sorry he

did 80. He fired:a second. time imme-
mediately: after. the first shot and fied.

““Ppis practical. unanimity in the mat-

ter of gning over a year ago Is, io fact.
va. ‘most striking. feature. of the month's |

returns, and. it® is. doubtful: if In this

‘respect, - at least, the record made in

July ‘by: the: Individual: ites: ‘bas ever
been. equaled. ny oe

=" ine total: bank caries! at enty,
six cities for. ‘the month aggregate $7,-

081,028,002. 8 ‘decrease of. 5 per .cent}. -
\from the June total, and of 138.7. per}.
| cent: from: the record total‘of March.| |
but &: gain. ‘of 41.8 per cent’ over. Joly io

a year ago, Of: 43.7. per. cent over July, |:

1997, of 102 per. cent: over the corre-

fs sponding ‘month of 1904. and ot. 535

per: cent: over. July, 1992." ett

‘CH FORTY, MILES exe ee
: TLonlertle and Nashville: ‘Has Sarrey-

ie : ors. dn<the Field. ak
t chitanoogay Teaui Aug. 4—It. ts

learned here reliably that the Louls-
ville and Nashville Railroad Company | ,
1s surveying to extend ‘its line from.
Bon Air, Tenn., forty miles. to connect
with the- Pikesville division: of. the
system and compete’ with the Tennes-

see Central in handling the large coal
and coke supply of that section.

- BOUGHT: A RAILROAD.
 Solacabia’ 8. C., Aug. 4.—William A.
Barber, of New: York, bas acquired a
majority of the |bonds and. stocks of
we. Carolina and Northwestern Rail-
‘road. The road |s.a narrow guage ex:
tending from Chester, 8. C., to Lonotr,
N. CG It is: understood it will be con-
verted into a broad. guage extending
acroes the mountains to Bristoh and

tafor’
Cc ongs
Mex.,
‘Torre
Mexic
the Ig
been |
Molda
biate,
‘durin
er, be
“Ad
Sonog

that ¢
jin th

the I
sixty
The
Torre
mand
res, ¥
Milita
er ha
erno
Fran¢
cisco!

1} < He

pora)
powé
Cnit
to pr
is 8.
ming

1 rem

Amé
ts tt

tap the Virginia @ocabontas cos! fe-| gcc

gion, and that it, will be operated. by
the Seaboard Air Line, baie connects


ATMORE, Ala. (Reuter) - A five-time killer who spent 20 years on Alabama's death row was executed shortly after midnight Friday for
the triple murder of the family of a 13-year-old girl he had sought to mary.

Walter Hill, 62, who spent a total of 44 years in different prisons, was declared dead at 12:13 am EDT

at Holman prison near Mobile, Ala. after receiving a lethal shock from the state's electric chair.

Last-minute appeals to the Alabama Supreme Court and U.S. Supreme Court were denied.

Holman spokesman Charles Bodiford said Hill requested fried chicken and sweet potatoes for his last meal.

Hill was a 42-year-old ex-convict when he sought to marry 13-year-old Toni Hammock of the Alabama town of Bessemer.

According to trial testimony, when Hill was denied permission he fatally shot the girl's grandmother, Wille Mae Hammock, 60, who was
also her adoptive mother, Hammock's son John Tatum, 36, and Tatum's wife Lois Jean Tatum, 34.

The three were each shot in the back of the head Jan. 7, 1977.

Hill served nearly 10 years in prison after pleading guilty to second-degree murder in 1952. The year he was released, he was convicted
of kidnapping and taking a stolen vehicle across state lines, for which he served a 14-year sentence during which he was convicted of
murdermg another prisoner.

He was released in 1975.

Hill was convicted in the triple slaying for the first time in 1977, then won a new trial and was convicted again in 1979.

The U.S. Supreme Court refused to review Hill's conviction as long ago as 1984.

01:34 05-02-97

Friday May 2,1997 America Online: Galba33 Page: 1

NAME: HILL, WALTER DATE OF EXEC.: 1997/05/02 NUMBER: 377
S: YofE: 97 DR #: 2360 METHOD: ELECTROCUTION TIME: 0013
Soc. CLASS: L ECO. CLASS: L EXECUTION SET : 97/05/02-EXE NO.:;

RACE: B SEX: M TO-DR: 17.2 T-C: 20.3 AGE AT EXEC.: 62 DOB: 35/02/07
STATE: AL CO: JEFFERSON CITY: MULGA

HOR: BOOK/MOVIE:

H: L: 3 C:; 3 E: 1 SPECIAL LIST:

DATE OF CRIME: 1977/01/07 AGE AT CRIME: 42 CATEGORY: LEO;

DATE OF SENT.: 1980/02/22 WEAPON: SHOT —-HG.32

CRIME: MURDER-KIDNAPPING NO. KILLED: 3 TOTAL KILLED: 5

VICT. CODE: BF60; BM36; BF34
CMTS#1: WILLIE MAE HAMMOCK [60] --she did not want HILL to marry her 1l3year
old grand-daughter, [he was 42}, shot
JOHN TATUM JR [36], her son
LOIS JEAN TATUM [34], her dau-in-law, chased her around the house, shot
~-TONI HAMMOCK (13), KIDNAPPING caught in NC
KNOWN PREVIOUS CONVICTIONS: MURDER [1952][SERVED 10YRS]; MURDER [IN PRISON]
{RELEASED 1975] *44 YRS IN PRISON

ACCOMPLICE: FIRST ENTER:
CMTS#2: ---USSC REJECTED APPEAL 1989/10/02
--CONVICTED FOR THE FIRST TIME 1977
eeewesescrerenee 4. US pcmal ves es PAROLED 1961
WeTrror. ee coves ( )y 7ef/--/--, Inmate, prison in Atlanta PAROLED 1975

LAST WORDS:

LAST MEAL: fried chicken, sweet potatoes

HUMOR-STRANGE:

SOURCE: AL DOC; DR3 IQ LEVEL:
CMTS#3:;

. ) UT
id. HA Yes My SY


*

= MONTGOMERY ne
Killer’s execution set for May 9

The Alabama Supreme Court on Monday set a May 2 execution date
for four-time murderer Walter Hill.

Unless courts intervene, the 62-year-old inmate at Holman Prison
will be executed in the electric chair at 12:01 a.m. on that date.

Hill was sentenced to death for killing three people in Bessemer on
Jan. 7, 1977, after he was denied permission to marry a teen-ager.

SECTION

TUESDAY B |
April 1, 1997 |

ee eeeeoeeo ene e eases seteeP es eoeseeeveesebencossuncesunabobiereceic

.c The Associated Press
By GARRY MITCHELL

ATMORE, Ala. (AP) - A man was executed in the electric chair early Friday for killing three people after he was refused permission to
marry a 13-year-old girl

The slayings came two years after he was freed from prison for killmg two other people.
Walter Hill, 62, was pronounced dead at 1:13am
The state Supreme Court and the US. Supreme Court had rejected last-minute appeals.

Hill spent 20 years on death row - so long prosecutors and victims advocates had difficulty finding relatives of the people he killed in
Bessemer.

A new Alabama law permits victims' relatives to view the execution, but none came forward in Hill's case.

On Jan. 7, 1977, Hill fatally shot Willie Mae Hammock, 60, who refused to allow him to marry her 13-year-old daughter, Toni; Miss
Hammock's stepbrother, John Tatum Jr., 36, and his wife, Lois Jean Tatum, 34. They were shot in the head.

He was convicted and sentenced in February 1980, five years after he was freed from prison in 1975.

Hill served 10 years in pnison for second-degree murder and was released in 1961. He later was convicted of kidnapping and sentenced
to 14years. While Serving time in Atlanta, he was convicted of murdering a fellow inmate.

Toni Hammock still lives in Bessemer, but has never contacted authonities, said Brenda Thomas of the Jefferson County prosecutor's
Victims services office.

AP-NY-05-02-97 0139EDT

Copyright 1997 The Associated Press. The information contained in the AP news report may not be published, broadcast, rewritten or otherwise
distributed without prior written authority of The Associated Press,

Friday May 2,1997 America Online: Gatba33 Page: 1

eee
bdie boil

The Dothan Eagle, Tuesday, March 13, 1990

By The Associated Press

ALABAMA.

spent three days cruising the |

Court sets execution Caribbean while drawing their ©

date for Walter Hill

MONTGOMERY — The
Alabama Supreme Court on
Monday set an April 20 execu-
tion date for Walter Hill, who
was convicted of a triple slaying
in Jefferson County 13 years
ago.

Hill is on death row at Holman
Prison near Atmore for the Jan.
7, 1977, shooting deaths of Willie
Mae Hammock, 60, John Tatum
Jr., 36, and Lois Tatum, 34, all of
Mulga.

Hill, 55, has spent most of his
adult life in prison, including
serving a 10-year sentence for
second-degree murder that end-
ed in 1961. The following year,
he was convicted of kidnapping.

state salaries.

Jack Sasser, school vice presi-
dent who was among the ad- .
ministrators, faculty and staff
on the cruise, described the trip
on the ship Fantasy as a profes-
sional development event.

Channel One airs
in Madison Cov’

HUNTSVILLE -
and teachers in V
balanced the’
reading ass’
with waft
segments
sion ne

Ch:
mu


HILL, Walter, black.-” Walter Hill was 42 in 1977, but that did not keep him from
wanting to marry the 13-year-old daughter of Willie Mae Hammock, 60, Hammock refused to
consent so Hill shot Hammock in the back of the head while she was reaching into a closet.

Hill then ran into the dining room and killed John Tatum, Hammock’s 36-year-old son. When
Lois Tatum, John’s wife, returned from the bathroom, Hill chased her around the house anf fatally
shot her. Hill then abducted the 13-year-old and was evenutally captured by North Carolina
police.”-Death Row, 1996, V. 6, page 166.

Hs

Statutory criteria a two-
neir Guideline offense lev-

nis argument McFarlane
e incorporation of § 5C1.2,
ommission proposed an

Guidelines now in exis-
4). The amendment di-
yurts to decrease a defen-
>| by two if a defendant
listed in § 5C1.2 and has
26 or greater. McFarlane
mmission’s proposal sup-
: that Congress intended

e's argument lacks merit.
t of 18 US.C. § 3553(f
ess intended a two-level
efendants who meet the
ven for those who might
ally “1 the Act. The
e | if the Act, is to
ive” so tnat less culpable
bject to mandatory mini-
does not indicate, in any
sought to prescribe de-
reases in the otherwise
> offense levels.2 The
on to propose what is
hich provides for a two-
fense levels for certain

t speak to the congres-

> 5C1.2. Rather, it indi-

Commission has discre-

ges to the guidelines

reads in pertinent part as
ability of statutory mini-

¥ other provision of law, in
under Section 401, 404, or
Substances Act (21 U.S.C.
tion 1010 or 1013 of the
Import and Export Act
pose a sentence pursuant to
i by the United States Sen-
tder section 994 of title 28
’ Statutory minimum sen-

phasis added).

 MLs

Gabeadeine Act, which is
-C. § 3553(f), Congress in-
ive those first-time offend-

| Lather

HILL v. JONES

STAYFF

1015

Cite as 81 F.3d 1015 (11th Cir. 1996)

when it sees fit and where statutory limits
allow.

McFarlane further argues that a discre-
tionary downward departure would be avail-
able in this case pursuant to § 5K2.0, which
authorizes downward departures for mitigat-
ing circumstances of a kind or to a degree
not adequately taken into account by the
Commission in formulating the Guidelines.
He specifically claims that a discretionary
departure would be justified in this case due
to the Commission’s failure to reflect con-
gressional intent to provide for a two-level
reduction for first-time offenders whose of-
fense level was 26 or greater. As noted
above nothing on the face of the statute
indicates such congressional intent. Thus,
the basis for a discretionary downward de-
parture offered by McFarlane was not avail-
able to the district court.

The government acknowledges that were
the Sentencing Commission to make
§ 2D1.1(b)(4) retroactive, McFarlane could

“seek to be resentenced pursuant to the new

Guideline. The Commission did not make
the amendment retroactive, as indicated by
the amendment’s absence from § 1B1.10’s
retroactivity provision.

For the foregoing reasons, McFarlane’s
sentence is AFFIRMED?

5

Ww
fe) g KEY NUMBER SYSTEM
T

(_ Walter HILL, Petitioner—Appellant,
REST RAI
Vv.

Ronald E. JONES, Commissioner, Ala-
bama Department of Corrections,
Respondent—Appellee.

No. 94-6793.

United States Court of Appeals,
Eleventh Circuit.

April 9, 1996.

Following affirmance, 455 So.2d 938, of
murder convictions, petitioner sought habeas

3. Appellant's request for oral argument is denied.

corpus relief. The United States District
Court for the Northern District of Alabama,
No. CV-90-N-0713-S, Edwin L. Nelson, J.,
denied petition, and petitioner appealed.
The Court of Appeals, Black, Circuit Judge,
held that: (1) claim that trial counsel ren-
dered ineffective assistance was procedurally
barred; (2) there was no cause for petition-
er’s default of claim of ineffective assistance
of appellate counsel; (3) death sentence was
constitutional; and (4) petitioner could not
rely on alleged ineffectiveness of counsel. at
trial and appeal to excuse procedural default
of claim that prosecutor used peremptory
challenges to strike African-American citi-
zens from jury.

Affirmed.

1. Habeas Corpus <—816

Generally, issues or arguments not fairly
presented to district court in habeas corpus
action will not be entertained on appeal.

2. Habeas Corpus <=422

Federal courts may not review claim
procedurally defaulted under state law if last
state court to review the claim states clearly
and expressly that its judgment rests on
procedural bar, and bar presents indepen-
dent and adequate state ground for denying
relief.

3. Habeas Corpus <=404

Habeas petitioner may gain federal re-
view of otherwise procedurally defaulted
claim if he can demonstrate both cause ex-
cusing the default and actual prejudice re-
sulting from the bar.

4. Habeas Corpus <401

In extraordinary cases, federal habeas
court may grant writ without showing of
cause and prejudice to correct fundamental
miscarriage of justice.

5. Habeas Corpus <—401

To excuse default of guilt-phase claim, as
would support grant of writ of habeas corpus

tr
_


sel claim which
‘ram nobis peti-
6.

erve claim that
1is coram nobis
» include Strick-
i nobis petition,
cause argument
id rendered its
Yonst.Amend. 6.

titioner had had
: counsel in prior
‘ould not rely on
ice of his coram
‘ailure to include
‘oram nobis peti-
is counsel’s defi-
atitioner his one
claim. U.S.C.A.

‘)

» Sixth Amend-
al and on direct
responding right
: attacking their
in capital cases.

not rely on his
veness to excuse
1 even when state
petitioner’s first
claim. U.S.C.A.

sistance of appel-
e in Alabama co-
- time petitioner
in his own coram
we there was no
default. U.S.C.A.

was not unconsti-
- was convicted of
tatute which pre-

HILL v. JONES 1017

Cite as 81 F.3d 1015 (11th Cir. 1996)

cluded Alabama courts from instructing ju-

Before HATCHETT, COX and BLACK,

ries on lesser included offenses in capital Circuit Judges.

cases, where petitioner’s theory that, in ab-
sence of the preclusion clause, he would have
introduced evidence that he was mentally
impaired, suffered from brain damage and
was intoxicated at the time of the shootings,
conflicted with his testimony at trial to effect
that someone else committed the murders.
Ala.Code 1975, § 13-11-2(a) (Repealed).

18. Habeas Corpus 383

Court of Appeals would not grant habe-
as corpus relief from procedural default on

BLACK, Circuit Judge:
Walter Hill, an Alabama inmate convicted

of capital murder and sentenced to death,
appeals the district court’s denial of his peti-
tion for a writ of habeas corpus. Finding the
district court did not err in denying relief on
Hill’s claims, we affirm.

I. BACKGROUND

basis that counsel at trial and appeal were A The Crime

ineffective in not raising claim that prosecu-
tor in state trial used peremptory challenges
to strike African-American citizens from the
jury panel, where argument was not fairly
presented to district court.

19. Habeas Corpus 406

Procedurally defaulted claims of ineffec-
tive assistance of counsel cannot serve as
cause to excuse default of a second habeas
corpus claim; if ineffective assistance claim is
defaulted, then petitioner must demonstrate
independent cause and. prejudice excusing
the default of the ineffectiveness claim before
that claim can be asserted as cause in rela-
tion to second, substantive claim. U.S.C.A.

Const.Amend. 6.

20. Habeas Corpus <=406, 409

Petitioner could not rely on alleged inef-
fectiveness of counsel at trial and appeal to
excuse procedural default of claim that pros-
ecutor used peremptory challenges to strike
African-American citizens from jury, absent
showing of cause or prejudice excusing de-
fault of ineffectiveness claim. U.S.C.A.
Const.Amend. 6.

Barry J. Fisher, Law Offices, Atlanta,
Georgia, Palmer C. Singleton, Atlanta, Geor-
gia, Oliver Loewy, Federal Defenders of
Eastern Washington, Spokane, Washington,
for appellant.

Beth Jackson Hughes, Office of Attorney
General, Montgomery, Alabama, for appellee.

Appeal from the United States District
Court for the Northern District of Alabama.

Walter Hill was convicted and sentenced to
death for the January 1977 murders of Willie
Mae Hammock, John Tatum and Lois Tatum
in the Booker Heights community of Jeffer-
son County, Alabama. In 1976, while resid-
ing in Jefferson County, Hill frequently gam-
bled and drank at Willie Mae Hammock’s
home in Booker Heights. At the time, Ms.
Hammock operated what has been described
as a “shot house”—an illegal social club—out
of her home. Ms. Hammock, Toni Ham-
mock, John Tatum, and Lois Tatum all lived
in Ms. Hammock’s house. John Tatum, a
31-year-old retarded man, was the brother
of Lois Tatum. Toni, the 13-year-old ward
of Ms. Hammock, was often present at the
house while patrons, including Hill, were
gambling and drinking.

Hill apparently developed a romantic inter-
est in Toni and quarreled with Ms. Hammock
approximately two weeks before the murders
when-Ms. Hammock refused to allow Toni to
go with him to California. On January 13
1977, at approximately 4:30 in the afternoon,
Hill went to Ms. Hammock’s home. Some-
time after he arrived, Ms. Hammock gave
Hill a pistol which he had left there on an
earlier occasion. Hill asked whether he
could marry Toni, but Ms. Hammock refused

her permission.

Shortly thereafter, when Ms. Hammock
turned to enter a closet in a front bedroom,
Hill followed and shot her in the back of the
head with his pistol. Proceeding to the din-
ing room, Hill shot John Tatum twice in the
head. Hill then chased down Lois Tatum


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HOCKENBERRY, Joseph H{, and REEDY, Daniel F.,: whites, elec, Ala, (Jefferson) 3-16-19hh.

Sa a at cae ey a ate Tae ee

Hockenberry, Reedy Executed

For Assault On Local’ Woman
MONTGOMERY. Ala.—(P)}—Two irresponsible: since childhood and

youths convicted of abducting and , had. spent much. time in’ confige-

‘criminally. attacking a Birmingham | ment. The ir escaped from a
; Woman died calmly in the electric! Washington hospital Feb. 1—a few |

ae

my Chair Friday, ending crime careers| days before the crime.

‘which their. mothers. said began; The husband of- the: victim: was
}with abnormal! childhood ten-| a witness at the -double ¢lectrocu-

aoe, dencies. tion.

‘Neither of the | Reedy was the first to die,. at
enberry a few

; ¢ +
GOV. ‘SPARKS HAS SET Ai
: CLEMENCY © hearing | tor. next |
midnight. : ; Thursday in the case of EJ.
* At ap 11th-hour. clemency hear-' Burns, 63-year-old Jefferson County |

ing before Gov. Sparks, they did real estate dealer whose: plea for |
not deny the crime. Hockenberry. a U.S. Supreme -Court rebearing |

| professed ‘religion. telling the gav- of his case has been denied:

remember much what happened. . j charge of killing Jake Prescott, rif
After listening. to the. mothers: patediy wealthy Jefferson County |
who asked for mercy: and. to the| land ownér and longtime member
husband of the-vietim to: “te¢ the | of .the County Democratic’ Execa-
Jaw take: its course,” Gov.’ Sparks. tive Committe. His conviction was |
who has often publicly said he is} approved by the Alabama Supreme
opsosed to capital punishment, an-! Court: 5 :
nounced he-would not: intervene, The : body. of Prescott‘was re- |
gE ee ew “0 eavered from @ Warrior River tribu-
THE MOTHERS) -OF-. THE tary in February, 1943. With the
YOUTHS... Mrs.’ Joseph  Hocken-| abdomen ‘slit open, the body. was
berry and Mrs. Bobbie: Reedy, told | weighted down with a hatehet and
similar. stories: both -boys had been a-1@-poung<Hammer. — oe:

+ Conmat_ ene miiee 8 sclence.

“- “ELRMEINHAM NEWS,

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ea ernor he had “found God in the| Burns is scheduled to die in the | wel aeere aha
im death house.”’ Reedy said he didn't! electric chair’ next. Friday. on .a;

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_Chairman H. B. Blackwood’s

EIGHT—A

j

*% THE BIRMINGHAM NEWS—AGE-HERALD

The South's Greatest Newspaper *

SUNDAY, FEBRUARY

+

13, 194

Oldsters Fail In Task,

Youngsters Take Up
Job Of Selling Bonds

Continued From Page 1
1. Pupils will first search their
own homes for unfilled War Stamp
books and ask for enough money to

complete them and convert them |
into War Bonds. These books. and | = Se
necessary money will: be |

the
brought to school the next morning

by the child or some adult in his |

family.

2. Pupils will visit their neigh- |
bors nad follow the same proce- |
dure, but they will accept no cash |

money. Checks may be accepted or

the signed application may be ac-| |

cepted without cash or check.
Neighbors and friends should be in-

vited to go to school next morning | ‘
with the child for the purpose of |

buying War Bonds.

3. All

money, checks,

Tuesday morning by _ pupils
members of their families.

4. P.-T. A. members will be at |
the school to assist in counting the |
sales and money and cempilation |

of the necessary reports.

e+ 2%
ONEONTA’S AUCTION had)
totaled $142,000 in War Bond sales |

at mid-afternoon Saturday while
still in progress.

Frank Johnson, of Haleyville, was |

auctioneer, and Blounty County
tie
brought $20,000 in War Bond bids.
Donation of 40 acres of land
brought a $2,000 bid and the win-
ner turned the land in to be re-
auctioned for another $1,500.

The auction began with the sale
of a $25 War Bond in memory of
Kelly Ingram, first to die in World
War I. The bond brought a $10,000
War Bond purchase from the top
bidder. Sheriff Ed Miller's tie

brought $500, a pair of nylons $1,000 |

and a hoop of cheese $1,000.
Two veterans of World War II

partially | |
filled books and applications for |
bonds will be brought to school |
or |

were speakers: Sgt. A. E. Louder- |

milk, of Atlanta, and Sgt. Homer
Knox, of Houston, Miss. The On-
eonta High School band furnished
music.

Sponsored by the American Le-
gion, the auction sent Blount Coun-
ty over its Fourth War Loan goal.

* *K *

SUMTER COUNTY shot beyond
its $279,000 Fourth War Loan drive
this last week by attaining a $300,-
000 total, according to Chairman
Ira D. Pruitt.

Seaman Roland V. Rawlinson, of
Pratt City, spent the week at Sum-
ter County speaking and rallies
were held in Livingston, Ward,
Coatopa, Bellamy, Epes, -Cuba,
Gainesville, Boyd, Geiger, Emelle,

Panola and York.
Bands from Army air fields at

Selma and Tuscaloosa came to play |}them under suspicion when Hock-
|enberry and Reedy got out to swap
‘license tags on their automobile.

at the various rallies.
*« +9

PVT. TOMMY DIX, still in Bir- |
mMingham by special permission of |

Tune In On W-S-G-N—610

here by Birmingham police after

kidnapings in which the two participated in several states in the
South. They are shown at the City Jail where they were being
held Saturday pending the issuing of warrants.

CRIME TRAIL ENDS—Daniel Reedy, alias George Butt (left above),
and Joe Hockenberry (right). both of Washington, were arrested

a series of criminal assaults and

chairman of the War Finance Com-
mittee, announced. ;
Miss Peggy Ramsey, high school
student, was given a diamond ring
as the prize for selling the largest
amount of War Bonds during a con-
test. Her sales totalled $20,000.

$12,964,000,000 Bond |

|

WASHINGTON — (€) — Sales _ in!

|the Fourth War Loan drive totaled |

$12,964,000,000 through Friday, or 93 |
per cent of the 14 billion dollar |
goal, the treasury announced Sat- |
urday.

Sales to corporations and institu-
tional investors totaled $9,512,000,-
000, or 112 per cent of the goal in
this category, while sales to indi-
viduals amounted to $3,452,000,000,
or 63 per cent of the goal.

Ohio Saturday became the first
large-population state to exceed its
quota. It reported sales of $674,-
103,170 against a quota ‘of $672,000,-

Trail Of Crime

Continued From Page 1
In Jackson, Miss., police stopped

The men, in the face of police,

nit a ne Doe ee. Doe ee, o Bi i i en oh oath

| water. They were given the water,

‘Sales Total For Nation |

| Mill.

the T. C. I. Hospital, where she |
told police what had happened.

* *K *
MEANWHILE THE ASSAIL-
ANTS were making their way
across murky fields in the grim
hours of night and found their way
to the house of a Dr. Hayes near
Hueytown and asked for a drink of

but when they left, the doctor
called the Highway Patrol. The men
spent the rest of the night in a car
parked behind a filling. station and
wrapped the fur coat of Mrs. Brash-
er around them for warmth, Com-
missioner Connor said they con-
fessed. \

Early Saturday morning, the
men were recognized. on a South-
ern Trailways bus, going from
Hueytown to Birm.ngham, by Mrs.
Thelma Vines, of Bessemer Route
5, who remembered a radio~- de-
scription given out of two men
earlier in the morning. She asked
R. H. Walls, who was sitting in front
of her, to tell the bus driver.

Police were notified by the bus
driver who got off and telephoned
headquarters. Officers took the men
off the bus at the Fairfield Sheet

Reedy and Hockenberry were
taken to the City Jail where Com-
missioner Connor and his force of
detectives continued probing into|
the series of crimes. Gradually, the |

‘E Bond

Seven More Counties |
Have Gone Over Top
In Sale Of War Bonds

Eight more Alabama coun-
ties — Barbour, Hale, Lamar,
Madison, Dallas, Cherokee,
Tallapoosa gnd Fayette—have
announced passing both their
E Bond and total quotas for
the Fourth War Loan cam-
paign. This brings the total
number of counties which have
exceeded both quotas to 15,
with Clarke, Pike, Jackson,
Sumter, Winston, Lawrence,
Franklin, and Henry already
reported over.

Sim Thomas, Barbour Coun-
ty chairman, announced E
Bond sales of $295,000 and
total sales of $593,000 against
an E Bond auota of $269,000
and a total quota of $586,000.

In Hale County, E Bond
sales now total $184,000 and
sales of all types of bonds to-
tal $309,000, according to the
announcement of Robert K.
Greene. The E Bond quota for
the county was $143,000 and
the total quota was $305,000.

Chairman Vance. Johnson
and Co-chairmen Felix Size-
more and Nelson Cartwright,
of Lamar County,
nounced E Bond sales of $181,-
018 against a quota of $179,000
and total sales of $267,000
against a quota of $251,000.

Total sales in Madison Coun-
ty are $2,500,000, Chairman
James R, Mason reported, with
sales at $1,197,984.
The E Bond quota for the
county was $1,009,000 and the
total quota was $2,768,381.

Chairman Charles L. Dill
praised the farmers, the mer-
chants, and the bankers in an-
nouncing E Bond sales in Dal-
las County of $415,000 and
total sales of $1,680,000 against
quotas of $381,000 ahd $1,650,-
000.

Emphasis on community
meetings, farm beat rallies and
auctions helped sell $206,000
in E Bonds and a total of $481,-
000 in all types of War Bonds
in Fayette County, E. E.
Thomason, county chairman,
declared. He also praised the
work of the American Legion
in his county, which is under
the leadership of Judge Mc-
Gough.

Cherokee County, with an E
Bond quota of $156,000 and a
total quota of $253,000, has re-
ported E Bond sales of $166,-
000 and total sales of $308,000.
Earl S. Johnson, county chair-
man, said auction sales and
the establishment of farm beat
quotas helped materially in
putting his county over the
top.

Tallapoosa County was re-
ported over the top Saturday
by Chairman James Callahan.
With an E Bond quota of $347,-
000 the county sold $416,000
and with an overall quota of
$690,000 it sold $822,000. Mr.
Callahan said the fine coop-

‘| eration of women’s organiza-

have an-,

Chamber of Commerce annual
Academy.

CULLMAN C. OF C. BANQUET—Civic and business leaders of the
state gathered in Cullman Thursday night to attend that city’s

In the upper picture is seen the orchestra and chorus of Sacred
Heart Academy which furnished music.
In the lower photo, Luther Fuller (left), Birmingham general
farm products agent for the Tennessee Coal, Iron and Railroad
Company, and his brother, Paul Fuller (right), secretary, Mont-
gomery Chamber of Commerce, enjoyed a reunion as well as fresh
strawberries, served by Miss Betty Gibbons, an academy student. }

Dr. Gus Dyer, economist at Vanderbilt University, guest speaker |
at the banauet, is shown in the inset. —

Bessemer Plays Host
At Two-Day Session
Of International Union

The International Union of Mine,
Mill and Smelter Workers 1s hold-
ing its Southeast Conference in
Bessemer Saturday and Sunday.
The conference was opened at 10
a.m. Saturday with a welcome by
Mayor Jap Bryant.

Special feature of Saturday s pro-
gram was the dedication of a new
Union Hall of Spaulding Local No.
556 by the national president, Reid
Robinson. °

Also attending the conference
are Vice President Ralph Rass-
mussen, and Secretary James J.
Leary. Thirty-seven local unions
were represented at the Saturday
meeting. ;

President Robinson, Vice Presi-
dent Rassmussen and Secretary
| Leary will speak over radio station
|WJLD, Bessemer, at 7:45 p.m. Sun-
day.

Rebuffs By Congress
Leave Administration
Hanging On The Ropes

BY HOWARD FLIEGER

jhome-front legislative program
|President Roosevelt laid before
|Congress Jan. 11 as his pattern to
speed the peace.

| A series of rebuffs and snubs has
‘left the administration on _ the
| ropes.

enthusiasts, in mentioning recent
events, will have to talk about what
he asked for—not what he got.
| There have been only two bright
rays for the White House from
Capitol Hill—veterans rehabilita-
|tion legislation and control of war
profits—and one of those is clouded
| by a tax bill that falls far short of
the president’s demand.

Here’s the lineup:

On Jan. 11 and in subsequent

meeting, at the Sacred Heart

Names Of Candidates
May Be Given By OWI

wASHINGTON—(4)—The Office
of War Information, says Director
Elmer Davis, probably will have to
change its policy of not identify-
ing presidential aspirants as. can-
didates.

Davis made this observation Sat-
urday when asked why.OWI's dis-
patch for foreign consumption on
Gov. John W. Bricker’s press con-
ference Thursday identified the
presidential candidate only as “a
prominent Republican” and _ the
“sovernor of Ohio.”

The OWI broadcast, he added,
| dealt mainly with Bricker’s opinion

messages the president asked Con-

Police Look For Negro
Charged With Assault

Police Saturday began a search |
for a Negre man on a charge of,
criminal assault following a noe

{

to conscript labor, (2) a realistie

contract renegotiation law to con-
trol war profiteering, (5) re-enact-
ment of price control laws, (6) fed-
eral absentee ballots for armed

entrance to her home on pretense | treasury asked for a: 10% billion
lof being a coal delivery man, | dollar new tax bill to fight the war
| dragged her to a bedroom and and inflation. Instead, last week
' threatened her with a knife. Her | Congress sent the White House a
cries and those of an infant, the revenue act calling for $2,315,200,-
police records state, caused her 000, a bill he denounced in advance
assailant to flee. |as failing to meet the test of real-

| pear at the Bessemer High §

|

| were told at the scene t

' riding when he was stri

| contract renegotiation cla)

WASHINGTON — (&) — In one} regarded as the admini
short month, a hostile Congress has | No 1 device fer holding
_all but battered the life out of a/the cost of retail living

| hope

|

If President Roosevelt be- |
|comes a fourth-term nominee his)

gress for (1) a national service act |

tax bill to help finance the war, |
(3) a food price law—subsidies—to |
batten down the cost of living, (4) |

plaint from a white woman resid-| service voters, (7) veterans re-|
ing in the Southside area, made in| habilitation legislation.
the morning. kK Ox

According+to the police records,| HERE'S THE BOX-SCORE:
the woman said the man gained| Taxes—The president and the’

| and

Tommy Dix Will App
At Bessemer High Sc

BESSEMER, Ala. — Pvt
Dix, of Ft. Benning, Ga

auditorium at 9 a.m. Monda;
program to be presented
Woman’s Division of the Bes
War Bond sale drive.

Mrs. E. D. Perkins is cha
of the Bessemer Woman's
Bond sales drive. Pvt. |
widely known singer and ,;
peared ow several programs
the past week in Birminghan

All women in Bessem
urged to hear the progran
morning, at which Pvt. D
featured.

Adamsville Youth Injur<

Eugene Russell, 13, of \
ville, Ala., was struck b;
injured seriously = Saj
night near Graysville. Hig
trolmen, investigating, s:

was running across. the
meet a bus on which his f

passing auto. At the Jeffe:
pital, examination sho,
youth had suffered a fracti

the tax proposals would
it. '
Subsidies—With the ad
tion forces in full retreat

gress voted for the second
week to outlaw food subsi

istration senators expect ;¢
to prevent Congres
over-riding it.

NEWBERRY
BASEMENT

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Special

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Wiregrass/Nation 34

EXECUTION

According to testimony
during his trial, Hocker
stabbed Robinson in the
chest and brutally beat him.
He dragged Robinson’s
body into a wooded area
near a field in Headland and
took Robinson’s truck and
debit card which he later
used to make cash with-
drawals to buy $400 worth
of crack cocaine.

The investigation began
after Robinson’s wife, Con-
mie, called police to report
her husband missing after
hadn't returned home from
his trip to Dothan. Hocker
was later observed in
Dothan driving Robinson’s
1996 GMC pickup truck.
Mobile County shetiff’s
deputies found’ Robinson’s
truck abandoned in their
jurisdiction and picked up
Hocker two days after the
murder for allegedly taking
Robinson’s truck. Hocker
later led investigators to
Robinson’s body in a wood-
ed area adjacent to a dirt
lane in Headland. Robin-
son’s body was found with a
knife broken off in his chest.
Hocker was known to some-
times sleep in the woods in
the area where the body was
recovered,

from 1A

ka said. “He is ready to take
his punishment and man
enough to do it. He should
get it. He told the judge he
didn’t want to appeal! any
more. It’s time.”

Valeska said Hocker’s
case shows the death penal-
ty is a deterrent when the
appeals process isn’t
dragged out for 20 years.

“It takes too long for
death penalty. sentences to
de carried out. We’re waiting
10, 15, 20 years to get any
justice,” Valeska said. “He
admitted his sin and wanted
to pay for his. crime against
the state-and is hoping the
Lord will forgive him.”

Pat Yeomans, Hocker’s
mother, said she is saddened
to learn her son will die but
knew it was coming for a
long time.

“T’ve been living with this
shadow for all these vears,”
Yeomans said. “I was well
aware it could be anytime.
He has been locked up loz g
enough. This won’t b.
worse than having him
locked up.”

By MARK RANDALL
Eagle Staff Writer

ATMORE — David Kevin
Hocker spent his final day vis-
iting with his mother Pat Yoe-
mans and step-father George
Larry Yoemans Thursday. at
Holman Correctiona! Facility
in Atmore.

Hocker was executed
Thursday by letnal injection
for the 1998 stabbing death of
Jerry Wayne Robinson.

Prison officials said Hocker
had questions about how the
execution would be carried
out, but was in a generally
upbeat, good mood through-
out the day. “He was a bit
antsy,” said Alabama Depart-
ment of Corrections
spokesman Brian Corbett.
“His conversations centered
mostly around his religious
beliefs.”

Hocker was served break-
fast around 4:45 a.m, but did
not eat. He also declined to eat
a last meal of frankfurters
with mustard and ketchup,
french fries, american cheese
and chocolate cake with
chocolate icing which he had

Hocker’s last da

earlier requested.
Corbett said Hocker. had

purchased several items from

the prison commissary that he
ate throughout the week.
Hocker received two letters

since Tuesday, a card from

Dothan attorney Michael
Crespi, who represented him
during his trial, anda National
Geographic magazine. “That’s
all he has read since Tuesday,”
Corbett said.

Hocker visited with his

mother and stepfather from 10
am until 12:30 p.m. Thursday.
Hocker refused to see his sis-
ter, Kimberly Jean Osborne,
though. Yoemans had been in
Atmore most of the week and
visited with her son Tuesday
from 3 to 4:30 p.m. and
Wednesday from 10:30 a.m. to
S p.m.
Hocker made only two
phone calls since Tuesday,
both to his mother, one lasting
two hours.

He left assorted food items
and a check for 87 cents, the
remaining balance of his com-
missary account to his mother,
and a Sony radio and headset
and assorted food items to

Rayford Haygood, an inmate
on death row for the past eight
years.

Hocker was moved to a
special cell next to the death
chamber on Tuesday.

Corbett said Hocker took a -
shower before visiting hours
and again shortly after his
family left.

Capt. Watson Bishop, a COr-
rections officer who knew
Hocker on death row, said he
was friendly but mostly kept
to himself. “He was fairly
talkative,” Bishop said.

Bishop said Hocker did not
attend regular church ser-
vices, but was deeply reli-
gious. “He had his own views
on religion,” Bishop said.

While inside prison, Hock-
er came to terms with his
crime and turned to God.

He dropped his appeals in
2003. Hocker had been on
death row for nearly four
years.

Staff writer Mark Randall can
be reached at

mrandall@dothaneagle.com oF
712-7961.


Hocker

By Mark RANDALL
Eagle Staff Writer

ATMORE — David Kevin Hocker turned
his thoughts toward the Almighty before clos-
ing his eyes for the last time. Hocker was put to
death by lethal injection on Thursday night at
Holman Correctional Facility in Atmore for the
1998 murder of Jerry Wayne Robinson.

Warden Grantt Culliver read the death war-
rant by the state and asked Hocker if he had
any last words. Hocker used his final moments
to make peace with his maker and was a bit
fidgety at times, but calm, as the sentenced was

carried out. “I swear by
you Lord Jesus, my
Savior, that my time
should be no longer.
The mystery of life
shall be no more.
Amen,” Hocker said.
Hocker was given a
lethal injection dose of
sodium pentothal,
Pavulon, and potassi- |
um chloride and closed his eyes at 6:07 p.m.
His mother, Pat Yeomans and _ stepfather
George Larry Yeomans were on hand to wit-

Inside |

David Kevin
Hocker’s last
week on death
row 5A

|

ness the execution. No
members of the Robinson
family attended.

Hocker stared straight
ahead never looked'towar
his mother in the witness
room while he waited for
the chemicals to take affect.

Yeomans wept and was

_ Hocker who held her hand. the

entire time when her son
closed his eyes for the final time, At one point
she got up and left the room visibly shaken as

shk had to sit for 15 more minutes until the cur-
tain in: the witness room was finally drawn.
Hocker was pronounced dead at 6:24 p.m.
Yeomans said in a statement that her son
had found inner peace in religion during his
time in prison and was able to turn his life

around.

“God didn’t answer my prayer the way I
had wanted,” Yeomans said. “But he did
answer them. Once Kevin started reading the
Bible his anger just disappeared. He became
positive about his life. It now had meaning.

See HOCKER, Page 5A

comforted by her husband.


LOA Wiregrass

DOTHAN HAGLE

FINAL DAYS

from 1A

Hocker stabbed Robinson
in the chest and brutally beat
him. He dragged Robinson's
body into a wooded area near
a field in Headland and took
Robinson’s truck and debit
card which he later used to
make cash withdrawals to buy
$400 worth of crack cocaine.

The investigation began
after Robinson’s wife, Connie,
called police to report her hus-
band missing after hadn’t
returned home. Robinson had
last been seen in Dothan with
Hocker at the building supply
store. Hocker was later
observed in Dothan driving
Robinson's 1996 GMC pickup
truck. Mobile County sheriff’s
deputies found Robinson’s
truck abandoned in their juris-
diction and picked up Hocker
two days after the murder for
allegedly taking Robinsons
truck. Hocker later led investi-
gators to Robinson's body ina
wooded area in west Head-
land. Robinson’s body was
found with a knife broken off
in his chest.

Investigators later learned
that Hocker had planned to
kill Robinson at his office that
day but didn’: do it because
someone else was at work in
the office at the time.

Hocker admitted to a.
Henry County judge to killing
Robinson during his first
appearance in court, but dur-
ing his trial claimed he did it
because Robinson had made
sexual advances toward him.
Three witnesses who testified
during the trial refuted Hock-
er’s claims about Robinson
being a homosexual.

Hocker’s attorney, Michael
Crespi, argued against the
death penalty claiming Robin-
son’s death wasn’t especially
heinous or cruel compared to
other death penalty cases and
sought life imprisonment
without the possibility of
parole. Valesica pointed out
that Hocker kicked Robinson
in the face several times after
he had broken the knife off in
Robinson's body.

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revealed Hocker had a history
of violent behavior dating
back to his early childhood
which was filled with physical
and emotional abuse by his
father, who committed suicide
when Hocker was 8 years old.
As a teenager Hocker was sus-
pended from Headland High
School several times before
dropping out in the 10th
grade and had compiled an
extensive criminal record.

Hocker’s appeal was reject-
ed in April 2002 by the Alaba-
ma Court of Criminal Appeals.
In a handwritten letter to
Alabama Attorney General Bill
Pryor, Hocker confessed to the
crime and apologized for his
actions. He stated that the
death sentence he received
was warranted in his case.

“T did and still can fully
appreciate the criminality of
this horrendous offense that I
am guilty of. | am sorry about
it,” Hocker wrote. “I know
beyond any shadow of a
doubt that this is what I was
supposed to receive. There are
no errors in the fact of me
having a death sentence
today.”

Alabama Attorney General
Troy King said Hocker’s con-
fession is rare in death penalty
cases.

“Tt’s remarkable,” }
said. “I don’t know of another
instance in Alabama where
somebody dropped their
appeals and essentially stood
up and said I am prepared to
accept that punishment.”

Hocker also repudiated his
earlier claim that Robinson
had made unwanted sexual
advances toward him.

“Mr. Robinson never ver-
bally stated to me that he was
attracted to me or homosexual
and never propositioned me
in a sexual manner,” Hocker
stated at his September 2002
waiver of appeals hearing.

“T’ll say this about Hocker,
at least he was man enough to
come back in and get on the
stand and tell the truth and to
say that he did slander the
victim’s family and that there
was nothing to that,” Valeska
said.

Since his incarceration,
Hocker has made peace with
God and turned his lite
around spiritually away from
“the evil individual I had
become.”

“T think he has undergone

a continuous evolution,”
Crespi said. “I don’t think it is
something that has happened
in the last couple of months or
even in the last year or two.
This has been going on for
quite a while.”

Crespi, an opponent of the
death penalty, advised Hocker
against dropping his appeals,
but said he wasn’t surprised
he did because Hocker never
wanted an attorney from the
beginning, he said.

“For whatever reason, that
was his decision he reached,”
Crespi said. “I felt there were
issues that might have gotten
him a new trial and issues
that could have been beneti-
cial to other inmates in the
same situation.”

King said the Robinson
family and the state of Alaba-
ma will finally be getting jus-
tice. Cases like Hocker’s only
serve to strengthen his convic-
tion that the death penalty is a
just punishment.

“There are some offenses
that are just so evil and so
mean spirited and gruesome
that nothing else but death in
my view satisfies.” King said: