Georgia, M, 1885-1995

Online content

3 9 SOUTHEASTERN (2nd) 15. LARGE CARD.
McKETHAN, Jesse Re, white, 21, electrocuted Georgia (Chatham County) 8-2-1916,

"Savannah, Gaeg October 18, = (AP) = Police held on a murder warrant today a factory #SxKaE#
worker who, they said, confessed butchering the body of his companion and burying the

XM pieces GHK over a wide area. Detective Chief John C. McCarthy said that 2leyear-ZX old
Jesse McKethan, confronted with the gruesome discovery, admitted "You've got me, and here
is the dope. Then, the detective said, McKethan readily described how he quarreled and
fought with 17-year-old George Luther Ades, a shipyard worker, and tried to conceal his
crime when he found he had killed him, The macabre torso-slaying occurred 11 days ago,

but it was not until yesterday that the police ‘broke’ the casey and arrested McKethan."
AMERICAN, Hattiesburg, Mississippi, October 18, 1945 (925e)

“You didn’t min

turbed. “But I’m certain we have the
right man. McKethan was the last
person to be seen with the Aids boy.
I don’t know his motive, but he was
the only one who even knew the kid
and who also had access to those: un-
finished bags at the plant. All that
can’t be mere coincidence. There must
be a connection somewhere.”

“But we can’t even prove that the
boy is dead,” Fitzgerald argued stub-
bornly.

“All we, need is a confession,” Mc-
Carthy stated flatly. “We'll let him
sweat it out in a cell all night. First
thing in the morning, we’ll go over
to the mortuary and give him a look
at his handiwork. After that, I don’t
believe he’ll be so tough to crack.”

His hunch proved right. Jesse Mc-
Kethan took one look at the grisly
object and turned away. “Please,” he
muttered, “I... I’m getting sick.”

“This shouldn’t bother you,” Mc-
Carthy said with 1 girtespce sp surprise.

hacking up the
body, did you?”

McKethan’s face was green. “That
was different,” he said. “I—”

‘The chief pounced on the fatal slip.
His voice lashed out at the cringing
suspect, beating down his resistance
until McKethan was reduced to a
sobbing hulk. And at the end he
wiped away his tears and went with
them to recover the various portions
of the body which he had concealed
about the city.

Hours later, in McCarthy’s office,
he told his story. A cold-blooded
story such as might have been

prompted by the twisted brain of a
maniac.

“Jealousy wasn’t the motive at all,”
Jesse McKethan said flatly, while his
audience listened in open-mouthed

horror. “Luther and I had had too’

many beers, that’s all. We spent the
evening at the Gold Star Ranch. About
half-past eleven Luther called his
girl friend and made a date. Then he
came back to the bar and offered to
take me home.

“That’s when Aids supposedly left
to keep his date, isn’t it?” McCarthy
prompted. '

McKethan nodded. “Yes. But he
didn’t even get to take me home.
You see, someone had stolen my
wallet last August. It had several pic-
tures in it, and during the evening I
saw Luther with one of those pictures.
I asked him about it and he got sore.

“We argued a while and finally he
slapped me in the face, I jumped out
of the car, but he grabbed me and
we started to fight.”

McKethan glanced appealingly at
the grim faces about him and tas oo
perspiration from this forehead. “I’ve
always been a coward, fellows. All
my life I’ve been afraid to get in a
fight. When Luther grabbed me I

didn’t ‘know what to do. I picked '

something up from the road and hit
him on the head. Then I grabbed his
throat and started choking. After a
while he was quiet. I felt for his heart
—and he was dead!”

A long sigh went around the room.
This was what they had been wait-
ing for. Here was another. knotty case

solved by the members of the Savan-.
nah Police Department. Their division
of the case was about over. From here
on in, the job would be taken over
by a coroner and his jury, and later

-on the confessed killer would be in-

dicted, and still later tried for his
crime. :

“What did you do then?” the chief
asked quietly.

“I left him there,” McKethan stated.
“I started to take his car home, but
when I got to the house I realized
what I was doing, so I ways * shut off
the motor and ran away. The next
day I tried to figure out what to do
with the body. I had to do something
about it quick, because I knew the
body would soon be found.”

He wet his lips and then lowered
his eyes to study the floor, “I took
him home the next night,” he said,
“and a ed the body under the
back porch. Then I... I cut it up.
I had some bags from the plant, so
I put the pieces in them to carry them
better. I intended to bury the bags,
but I was so darn tired after dispos-
ing of the body that I just threw them
away.” ‘

On October 18, 1945, a coroner's
jury found that George Luther Aids,
had come to his death by stran -
tion at the hands of Jesse McKethan.

Two days later the youth was

formally indicted for the murder of »

his young friend.

. Eprror’s Nore: The name “Charles
Reeves” is fictional, to protect the
identity of an innocent person.

CONFESSES TO MURDER OF WIFE!

hacksaw that Eggers says he used to dismember his wife's body after killing her. The mutilated body was found in a canyon.

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618 Ga.

in violation of ather named provisions of but such evidence, where Teaving in doubt
The court overruled the @uestion whether alleged confession was in-
demurrer, and at the trial before the court ced by statements, may properly be reject-
initiated a jury, thee parties having adiitted ed on timely objection and motion to exclude,
the truth of the allegations of facts in the
pleadings, and no evidence being introduced §§ 38-411
by either side, rendered a judgment in fa- ~ 7

Exceptions are to 3. Criminal law €=531 (3)
the judgment overruling the general de-

the Constitution.

vor of the defendant.

182 SOUTH EASTERN REPORTER

and court need not hear testimony in support
of or contrary to such evidence (Code 133
, 38-420),

Alleged confession must be excluded un-

murrer and to the final judgment in favor til it aflirmatively appears from state's tes-

of the defendant.

timony, without question, that alleged con-
fession was voluntarily made without. ex-

Haas, Gambrell & Gardner, of Atlanta, traneous inducement (Code 1933, §§ 38-411,

for plaintiff in error.

Illis L. Cone, of Atlanta, for defend
in error.

Syllabus Opinion by the Court.

GILBERT, Justice.
[1] 1. Section 1 of the act of 1935 (Ga.

88-420).

ant 4. Criminal law €=531 (3)

Where sole witness as to voluntary char-
acter of alleged confession testified that he
would not swear that he did not tell accused,
when accused was prisoner in jail, that it
would be better for him to make confession,
admission of alleged confession held reversi-

Laws 1935, pp. 381, 382) relating to con- ble error (Code 1933, §§ 38-411, 38-420).

firmation of sales under foreclosure pro-
cecdings on real estate, to limit and abate
deficiency judgments in suit and foreclo-
sure procecdings on debts secured by mort-
gages, security deeds, and other lien con-
tracts on real estate, is not applicable to a
note and security ‘deed executed prior to
the passage of the act. Atlantic Loan Co.
v. Peterson, 181 Ga. —, 182 S.E. 15.

[2] 2. The court erred in overruling the
general demurrer to the answer; and all
proceedings thereafter were nugatory.

Judgment reversed.

All the Justices concur.

McLEMORE v. STATE.
No. 10792.

Supreme Court of Georgia,
Nov. 16, 1935.

{. Criminal law C531 (1)

To render alleged confession admissible
as such, it must be made affirmatively to ap-
pear that alleged confession was not induced
by slightest hope of benetit or remotest fear
of injury (Code 1938, § 38-411).

2. Criminal law 531 (2), 698(1)
Failure to object to insufficiency of evi-
dence of voluntary character of alleged con-

Syllabus by the Court.

1. To render an alleged confession ad-
missible as such, it must be made affirmative-
ly to appear that the inculpatory statement
was not induced by the slightest hope of
benefit or the remotest fear of injury. Code
of 1933, § 38-411.

2. If a prima facie case of admissibility
is sought to be improperly established, but
no proper objections are made to its insuf-
ficiency at the trial, the right to object: will
be presumed to have been waived. But where
timely objection and motion is made to ex-
clude such testimony which at best. still
leaves in doubt whether statements were
made which may have- induced the confes-
sion or inculpatory statement, it is error not
to reject such testimony,

3. In the circumstances referred to
above, the trial court is not required to hear
evidence which would support the testimony,
even though only the testimony of a single
Witness be used to make the prima facie ease,
nor to hear any testimony contradictory of
the statement of this witness. But until it
aflirmatively appears from the testimony,
without question, that the proposed confes-
sion was freely and voluntarily made, with-
out any extraneous inducement, the state
ment alleged to have been a confession must
be excluded.

4. The testimony of the only witness by
whom it was sought to establish a prima fa-
cie case of admissibility, being that he would
not swear that he did not tell the accused,
at the time held as a prisoner in jail, that
{it would be better for him to make a confes
‘sion and a full disclosure, so far from estal»
Jishing a prima facie case of admissibility,

fession presumably waives right to object defeated that purpose, because it left it doubt-

@=For other cases see same topic and KEY NU\ BISR jn all Key Number Digests and Indexes

McLEMORE

vy. STATE Ga. 619

182 S.E,

ful whether the subsequent confession of the
accused was not induced by the hope of fa-
vor if he made a confession and the fear of
injury if he did not confess.

——_+—___.

Error from Superior Court, Muscogee
County; C. L. McLaughlin, Judge.

Hamp McLemore was convicted of rape,
and he brings error.

Reversed.

Hamp McLemore was convicted of the
offense of rape, and was sentenced to be
electrocuted. His motion for a new trial
was overruled, and he excepted.

The woman alleged to have been raped
testified, on direct examination: “I am
Mrs. Ola Melton. I am twenty-five years
of age. I am living with my husband, and
lave three Ychildren. * * * On or
about the 11th day of August, 1934, I
was living in Muscogee County, Georgia,
in the northern part of Beallwood on 5th
avenue. I had never seen the defendant
on trial, Hamp McLemore, until that day.
* * * My little four-year old girl
named Doris was with me. I was going in
the path to the waterworks to see a man
for my husband, on some business for
him. * * * The Rexview golf course
«vas between my homie and the city water-
works, and it was the nearest way.
* * # T heard footsteps in the path on
the ground, and I looked over my shoulder
to see who it was, and I saw the defendant,
liamp McLemore. He was walking be-
hind me when I first detected him.
* * * My little girl was with me at that
time. When I looked back and saw Hamp
McLemore I kept on walking. He was
walking pretty fast, and“he got right up
even with me, just right back of me, and
looked like he wanted me to get out of the
path’ for him; and I put my hand on the
baby’s shoulder and pushed her out of the
path, and was intending to step out myself
to Ict him have the path. Just as I went
to step out he got right even with me
and whirled around and caught me with
his arm around the neck, and he had a
knife in his hand that was around my neck,
and I holloaed, and he told me to-hush hol-
loaing. The baby screamed, and he reach-
ed at her right there to get her around
the neck, but he missed her and caught
her dress collar and tore her collar off it,
and then he threw me down on the ground,
and he still had the knife around my neck,
and kept telling me if I didn’t hush he

would cut my throat, and I was afraid,
and he told me to make the baby hush
halloaing, and when he threw me down
on the ground he told me, he says, ‘kiss
me,’ and he just put his face down to
mine, and I turned my head, and he kissed
me on the cheek, and he put his hand on
me down here, and he says, ‘I want some
of that, I have just got to have it.’ I
says, ‘No, negro, please let me get up.’
He says, ‘Hush, or I will kill you,’ and
I didn’t. I was scared so bad I didn’t
know anything else to do but just like he
said do. He had sexual intercourse with
me. It was without my consent, and was
done forcibly and against my will. The
defendant had an open knife around my
neck. He threw me on the ground. He
kept me on the ground I would say about
five minutes. While he had me on the
ground I was trying to get away from
him, to get loose from him. I was doing
every way I could to fight him off, but
wasn’t nothing I could do but kick be-
cause he was holding my arms. * * *
This is the knife he had around my neck.
I got the knife from him. I don’t know
how I did get it. I was scrambling around
with him, and got it out of his hands
somchow or another, and I don’t know how
I did get the knife. I was scared so bad
I don’t know how I did get the knife, but
when I did get it out of his hand he pushed
the blade to me, and IJ had to pull my thumb
that way to keep it from cutting my
thumb.”

The prosecutrix immediately informed
her father-in-law of the occurrence. Of-
ficers were called, and the defendant was
arrested. The father-in-law testified as to
her clothing being torn and her thumb cut.
She was examined by a physician a few
hours after the alleged assault. He tes-
tified he found bruises on her back, which
she stated were caused by rocks on the
ground where she had been thrown by the
defendant; also, “I questioned her with
reference to the alleged time of the inter-
course about noon, and: she told me that
she had a douche following the inter-
course, and that made the examination
that I made worthless.” W. H. Spence, a
bailiff, testified that the defendant made a
statement while in jail, in the presence of
the witness and several other officers. He
further testified: “That he [defendant]
was hired by Mr. Hubbard to drive a mow-
ing machine on the Rexview golf course;
that when he finished mowing or cutting
the grass he carried the mower back to

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McLEMORK, Hamp, bl, <1, elec, Ga. (Muscogee) 4/10/1936

x -

Teneo 2 UN. A
Olumbus , sp riks |

county supe ff |
at 5:40 o'clock in the case;of Hamp

McLemore, RTO, witih |-
ctiminal assal) ona es white |‘
woman on A t 11

In accordatite with a verdict,
Judge C. Fré McLaug}jlin esen-
tenced the if to did in the
electri¢ chal

term Milledgeville, on ip 27.
It was the sdphpnd time M

had been ced to ie, the
state sup Mw pcourt ren grant-
ed him an 10 f

Ithe testi

| was not gu

Mec ; \ Charged with
attackiug th oman in a ‘gecluded
spot on thei golf cour near
i, abe she
along a pati avith her fol
| The case
Solicitor ral A. Jo
ryman and defendan
resented bytiwtudge Geo
ro, T. Fortsig Jenkins
fett Flou ax counsel

ed by. the qbirt. «4

Following tp the jury ‘pelected
for trial of case aftertthé de-
fense ‘had atililed all of 3 ite 20

strikes and @#ye m4n had

sen i west ecu tie 2.9_1¢
Bleeks, elec GasP(Muscogee) le-9

Six Murderers
Die in Georgia
Electric Chair

Hour and Twenty-One
Minutes Required for
Mass Electrocutions. :

SF .
REIDSVILLE, Ga., Dec. 9, (B—
| Six negro murderers were put to
death in the electric chair in the |
state prison today in the largest :

eThe electrocutions required an!
heur end Zi minutes. The first of |
the prisoners went to the chair at:
11:08 A. M., Central Standard Time, ;
and the executions were completed
ae 12:30 P. M., Centra) Standard |

a '

A seventh p er, a white man,
Tom Dickergon, Victed of stran-
gling the infant child of Gaughter, |
was granted a last minute reprieve.

six

their lives for slayings were: Jim.
Henry Williams, Charlie Rucker
Raymond Carter, convicted of slay-'
ing Po Chief O. T. Thornton of |
Jackson, 'Ga.; Arthur Perry and
Arthur Mack, sentenced for slaying
Charles R. Helton, Columbus, Ga,

All were electrocuted before wit |
nesses were permitted to leave the |
execution chamber.

Throughout the morning. the
nerrees formet = singing sexte; |
cnanting. old spirituals and hymns,
playing on the refrain, “Goa Is,
Coming to This World Bye and.
Bye”

One by one. they were led to the |
death chamber, their comrades |
‘keeping up the chant. All were
calm as they walked to the chair

Arthur Mack, one of the Colum-

bus negroes, came into the chamber
singing in a deep baritone, waving

his arms in time to the music. He
j Enelt and prayed at the electsic
chair. Hig last words were @ plea
for forgiveness.

| The last to die was Raymond,
Carter. He asked that someone who
could read pick up a Bible and reag |
aloud at a place he had marked

‘Kepanjqes

-SHWIL vdardold

“'8E6T azsequissseq OT

"ZL ebed
(SeTTtAuosyoer) NOINN

Georgia Chair Takes Lives of Six Young Negroes. -
For Murder of Three White Men and Oke Woman,

‘By ED BRIDGES
“REIDSVILLE, Dec. 9 (UP—Six
young Negroes, buoyed by song and

prayer, walked firmly to the electric
chair today and died in swhft suc-
| cession _for the slaying of three white
men and a young mother.

One by one, fervid prayers, cheer-
ful farewells and - deeply intoned
spirituals were. hushed abruptly ax
the chair in the state's prison took
more. lives than CGeorgia’s legal ma-
chinery ever took in a single day be-
fore. Se. owt.

Working precisely, State Electrician
L.'P. ‘Cheatham completed his ma-
cabre tagk in Si minutes from the time
Willie Russell step i .
chamber until Raymond Carter . was
dead. oe ,

All the doomed men were comforted
by relixious emotion built to a climax
‘through. a breukfustless morning of
singing aud praying with a- Negro

rgyman. : '

Longest interruption in the execu-
tions came when Arthur Mack, sec-
ond to die,. gained permission to kneel
beside the chair. oe
| Pincing his knees on the rubber
‘footstool aud his bead in’ the un-
painted onaken seat, be prayed in a
clear, strong voice for two minutes,

ending with his own supplication that
closed thus:

“. . , help those who prosecuted
me and give me a home in the king-
dom, oh» Jesus.”

All the Negroes admitted guilt--and
thanked prison, attendants for kind-
DExKes.

Russell, walking unmanacied he-
teite—a—singie guard as did all the

am. (CST). He was = strapped in
swiftly, the ‘slate-red mask slipped
over his face and the three switches
closed by as many men at 11:12. He
was pronounced’ dead at 11:21 tor

[killing George Camp and Camp’s' Rivers,

starting with the Lord's’ prayer and |-

otherg, entered the chamber at 31:09]

duughter, Mrs. Christine Pauls, near
Sinyrna. .

Mack felt the current at 11:33, was
dead gt 11:30 and was followed by
Arthur Perry, convicted with him for
slaying “Charles Helton, Columbus
watchinan. Derry got his first) shock
at 11:44, was dead at) 11:52. ,

Willlams Hard to’ Kill
Jim Henry Williams, Charlie. Ruck-
er and Carter, sentenced for killing
Police Chief C. T. Thornton at Jack-
son, cume in that order, Williams’
pulse was strong after two shocks,

“AN the condemned gained strength
and calmness frum their singing and
praying with the Rev. T. W. Smith
of Columbus, pastor of an African
Methodist Episcopal church but Mack
apparently atained a trauspert bor-
dering on an cestatic trance.

Enters Chamber Singing
He entered the death chamber sing-
ing, im a xtrong baritone voice, this
song—which was adopted as a gen-
ernl theme by all) the ‘Negroes as
their death hour drew near:
“God is comin’ in this worl’ by

parn'—he

a. third waa administered_and he
died ut 12:06, eight minutes after
the first jolt. The switches closed
on Rucker at 12:12 and he was deal

courséd through hit at 12:25.

Ton Dickerson, white man éon-
victed of strangling his daughter's in-
fant child. was saved from a place

in the degth parade by a last-minute.
oOnday reftt

at 12517, whtik Raymond's first shock }-

ieve granted: by Gov. E. Daj-

TH¥O;

“With a staff in His. hand, baits!
|

comin’.
“Oh you sinners, better get ready!
“Cod as edinin® in the Worl’ by an’

bye.” 7 eee!
He walked Ugltly, waving his

arms in time with the music. much

like a conductor direaye an orches-
tra or chorus. . “=. 8

GEORGIA, Page 2," Col. 8 |

4‘T ebeg

-z abed o3 dunl

‘HdWUDATAL (WD) NOOWW AHL

‘Kepanqes

‘OT azequeseq

BSE6T

THE MACON TELEGRAPH: SATURDAY MORNING, DECEMBER 10, 1936.

CONTINUED FROM-PAGE ONE

After his dramatic prayer beside |,
the chair, he arose unaided, seated
himself and was looking upward with
ease ae eee and. smiling hap- |}
pily, when the __death__mask mas
dropped over bie heaa-- -— <—f

‘Russell was the only. . who
blamed anyone clse for. Mis plight,
accusing another Cobb county Negro
of helping him in the dual killing on
Camp's farm, a crime which led. to
rncial disorders in Smyrna. shortly
after its occurrence last October.

But even he closed on a concilia-
tory note when his Inst words were \
“goodbye, everybody, I'm well satis-
Lied.” ‘ ‘

Carter, Iast to die and apparently
aS youngest of the six, added drama
tM the lethal scene after he had
marched: to the chair, shaken hands
with guards and been strapped in,

_ Asks Scripture Read

Before the mask could be put on,)
he naked that a Bible be placed on
hix knee ond that someone read from
it the 24th verse of the 16th chap-
ter of St. Matthew. Sergeant W. 1 |
Horne, who accompanied all the;
prisoners on the last walk, complied |
solemnly. As he finished “. . . take
up His cross and follow me” the
mask was put on.

Rucker entered with his hands in
the--poekets--of--his — prison nuit-- and
appeared -mege-qerchalant than the
others. Hliav ecg nds
were half-sung, half-recited lines |
from two old spirituals:

“U'm gonna ent off the welcome
<table some of these days . "and
“I'm gonna tell God how you done
me.”

Most taciturn and most resistant
to_death was Williams, who amazed |
the—efficial physicians; Dr. Wl
fennett of Sylvania and Dr R. EK.
Jones of Reidsville, by showing a}
strong pulse_ after his. first, 40-xec-
and xhock and also after his second,
20-second one. .

Perry Sits Down Quickly

Perry Moved most, swiftly in the
presence of the chair, walking hur-
riedly across the rootn to the instru-
ment and ecating himsclf quickly.
“TL wish you all good luck,” he
said I hope to se@ ‘you in heaven
and believe the Lord is on my side.”

Cheatham, veteran electrician: who
built the first Georgia electric chair
in 1924 and still is using the same
one, today brought to 178 the number
of executions in which he has been
din—eharce,— having—missed—only—one+
tle xvid the previohs largest number
“SC_eeeeroenttons inta “single-day was |
font ye eee carmen ch meee anna pam me ae

The established, fee for the elec-
trician is $75 while cach of three
assistunts receives $10, making a to-
tal of $105 for each death, or a to-
tal of $650 for the day's work.

Rodies of executed men are kept
at the prison 24 hours and, if un-
claimed by relatives: or friends, then
are buried in a field near the prison,

—_——-—-- —-

ose we

WERE THE DOGS BAYING DEATH AT NIGHT?

them.”

"HE SERGEANT ordered police

amdiaaiar

any provision for a flap to wrap around
the remaining stump. Even if the cut-
ting job had been a skilful one, the leg
was severed too close to the hip joint. for
the man to have lived very long after it
was done.”

“In other words it’s murder,”
gerald.. “Our first job is to identify the
victim. How about the missing persons
file? , Maybe we'll find a clue or two
there.”

Detective Chief McCarthy nodded. “Tp s
a good place to start,” he said. “I’ll check
on that while you carry on out here,
Fitzgerald. If you need more men, call

photographers to take pictures of the
leg from every angle. And when Perkins

‘and Brennan failed to find anything in the

weeds, Fitzgerald ordered city employes
to bring tractor mowers and clear not only

‘ that: vacant lot, but all others in the south-

ern part of Savannah.

The leg was removed to the city
morgue and while the weeds were being
leveled Fitzgerald, Perkins and Brennan
made a house to house canvass of the
neighborhood in which it was found, ques-
tioning the residents closely.

The police had arrived on the scene at
8:45 in the morning. By noon the detec-
tives had failed to turn up a single item of
worth in the probe. No one had seen or
heard anything unusual.

“That is,” said one woman, “we heard
nothing but those infernal dogs howling.”

“Did you notice whether or not they

“ howled at the same time every night?”

Fitzgerald inquired.
“Well, it was always real late,” she
said. “Nearly always after I retired. '

usually go to bed about 10:30.”

Sergeant Fitzgerald harbored no super-
stitious belief that dogs are wont to howl
at death in the night. And, knowing bird
dogs, he realized they would have ordi-
narily shunned the decomposed flesh. At
what, then, had they been baying?

There seemed but one answer—at some
Stranger
sensed he was out of place. And who, ex-
cept the killer, would be making nightly
visits to the vacant lot? What was his
purpose in returning there? Was he drawn
to the place by some strange bond affix-
ing him to his crime, or was he coming
back to hide other portions of a corpse?

With the weeds cut down, the officers
again searched the empty ground in the
area. They did not discover additional
members of a body, but they did pick up
two big, heavy paper bags of the type
commonly used for cement or fertilizer.
They were bloodstained inside and out. _

Fitzgerald. took the sacks to a chemical
expert and asked him to analyze the stains.
The expert assured him that the blood on
the bags was from a human.

Fitzgerald figured the sacks had been
used to transport not only the leg, but
other members of a body. The fact that

said Fitz- -

intruding where the animals |

there were two bags proved that more
than the leg had been carried in them.
But where were the other members? And
how could he discover the author of the
horrible butchery ?

The sergeant turned the bags over to
Perkins and Brennan. “Trace these if
you can,” he said. ““Storekeepers should be
able to tell what manufacturer made them.
And maybe the maker will have left a
mark on them indicating a lot number, or
something else by which the sacks can
be followed to a buyer.”

While the two detectives were at work
on this angle, Fitzgerald went back to
headquarters where he found McCarthy
studying a sheaf of, reports. .

He told the detective chief about the
bloodstained bags. “I’m convinced the rest
of the body is around somewhere,” he
added. “But we’ve combed the vacant
lots in the entire neighborhood without a
bit of luck.”

McCarthy nodded. “And we can’t go
around digging for a body unless we know
what we’re about.”

“What did you find out from the miss-
ing persons bureau?” asked Fitzgerald.

McCarthy searched through a pile of
papers and picked up a typewritten sheet.
“There’s only one person reported miss-
ing in the past two weeks,” he said. “This
case was brought to our attention on
Tuesday morning, October 9. Chief of
Police Hall assigned men to make an in-

vestigation but they didn’t learn anything.

From all appearances the young man ran
away from home and is keeping his

‘whereabouts a secret from his family.”

“Who is he?”

“Luther Aids. His parents are Mr.
and Mrs. George Aids of 809 East Thirty-
sixth Street.”

“That is not more than three blocks
from the vacant lot where the leg was dis-
covered!” the sergeant exclaimed.

The chief looked again at the sheet of
paper, then glanced up. “That’s right,” he
said. “Get out there right away and see
what Mr. and Mrs. Aids have to say.”

Fitzgerald modded. But before he
reached the door a man and a woman
walked into the room. They were a hand-
some couple, although :their faces were
seamed with lines of worry.

“We heard about that leg which was
found in our neighborhood,” the man
began. “From the description of the scars
and marks . .-.” He choked up and could
not finish.

“You are Mr. and Mrs. George Aids ?”
McCarthy queried.

“Yes,” the man said huskily. “We
haven’t seen Luther since Sunday night,
October 7. He’s never gone away before
without telling us. And when he was
away from home he kept in touch with us
regularly.”

“T suppose you’ve checked with all your
relatives and ‘friends ?” Fitzgerald put in.

“And all his acquaintances, too,” Aids
replied. “Apparently no one has seen
Luther since that Sunday night. And

THE DETECTIVE BELIEVED

‘into a fight with another boy over a girl?” _
he asked.

those scars and marks on that leg . Betis

“How did you and your wife find out.
about it?” Fitzgerald asked. “There
hasn’t been time for the news to get in the,
papers.”

“Things like that spread fast,” Aids re-
plied. “And it was Luther’s best friend, -
Jesse McKethan, who told us about it. °
The three of us went to the vacant lot —
and Mr. Coursey showed us where his dog.
found the leg and told us all-about it.”

ITZGERALD LOOKED at Mrs. ° @
Aids. She was sobbing into her hand- . @
kerchief. He turned back to the grief-
stricken father. “Exactly when and where
was it you last saw your son?”

“My wife saw him after I did—the Sun-
day he disappeared.”

The woman dabbed at her eyes and.
nodded. “It was Sunday afternoon, late,” ~—
she said. “I was visiting in the Garden
Homes neighborhood and Luther drove
out and stayed a little while.”

“Was anyone with him?” asked the de-
tective sergeant. a

“Yes. Jesse McKethan. Luther had
taken Jesse and his father out to the
Bonaventure cemetery to visit the graves §.. =
of Jesse’s. mother and brothers. Mr. "9. 4
McKethan had gone on home and Luther *
and Jesse drove over to where I was.
Luther and Jesse and Luther’s cousin went
off for a little while, then came back. And |
that is the very last time I saw my son.”

“I suppose you’ve checked with Jesse 3
McKethan about this?” Fitzgerald asked. —° 3

“Oh, yes. He says that he and Luther ~
and a boy named Carroll Hendricks spent
some time together later that evening.
Luther called on a girl friend and then
took Jesse and Carroll home. Jesse says
Luther told him that he had a date with -
still another girl—Sue Ann Lane—for ~
later that night. se A

“And you’ve checked with Miss Lane ?”

The distraught woman shook her head. —
“We couldn’t. She left town that same _
night. Jesse thought maybe Luther went
away with her. He says our boy was
deeply in love with the girl.” ae

“And what do you think?” asked the ee
detective sergeant.

“T don’t know,” she answered. “Luther
was popular with the girls. But he was
only 17. I never thought of his bein
serious about any of them.”

Fitzgerald thought about this a mo-
ment. “Ever hear of your son’s getting

“No,” the woman said, shakitiz her ms
head vigorously. “If Luther ever had any ~
trouble with anyone, I didn’t hear about
ite ae
“You say your son was in a car,” Fitz-

~ gerald went on. “Maybe we can trace ee

machine.”
“But it isn’t missing,” Aids spoke up.”
“We found it parked in front of our house
—in the middle of the street—early Mon-
day morning. We’ve got it outside now.” ~
The detective sergeant examined the ~

By E. C. Mackey

T WAS WHEN Roger Coursey
stepped out upon the porch of his
Savannah, Ga. home on Monday

morning October 15, 1945, that he re-
solved to investigate the peculiar antics
of his brown and white pointer Sport, in
a vacant lot across the road. ;

As he watched, the dog darted into a
clump of high weeds, then dodged back,
as if he had found in the thick growth an
adversary with whom he must fence.

irsey had never seen Sport shy away
n anything before. ee

He crossed the road to where the pointer
was standing at bay. Cautiously he looked
into the clump of weeds.

A minute later Coursey was at his
telephone, talking excitedly to Chief of
Detectives John J. McCarthy. “It’s not a
whole body, just a leg,” he stammered.

In less than 15 minutes Chief McCarthy,
Detective Sergeant E. A. Fitzgerald, De-
tectives W. J. Perkins and F. J. Brennan,
Sr., and Dr. Emerson Ham, acting coro-
ner, reached the scene in the 1300 block
on East Thirty-eighth Street.

There Roger Coursey was waiting, and
he led them to his gruesome discovery.
The men viewed the object silently for a

INSIDE DETECTIVE, March, 1916.

moment. Then Dr. Ham bent down and
began a minute examination of the mem-
ber.

McCarthy turned to Perkins and Bren-
nan. “Search the rest of these weeds and
see what you can find.”

Detective - Sergeant Fitzgerald’s keen
eyes were alive with interest. “You think
there are other parts of a body around
here?” he asked.

“Possibly,” McCarthy acknowledged.
“These weeds are high enough to hide a
dozen corpses.”

While waiting for the doctor’s report,
McCarthy and Fitzgerald questioned
Coursey as to the details of his discovery.

. The sportsman told his story briefly.

He had seen no one acting in a sus-
picious manner in the neighborhood. “But
I’ve had a feeling something unusual was
going on. Felt that way for more than a
week. It was my dogs,” Coursey ex-
plained, glancing at three bird dogs romp-
ing in the path. “They’ve been raising
the dickens around here, especially at
night, for the last seven or eight days.”

Dr. Ham stood up. -McCarthy and
Fitzgerald walked to his. side. “Well,
what’s the dope?” asked the detective
chief.

“There isn’t much,” the acting coroner
replied.

But there’s enough left to tell that it’s

HAUNTS TH

“The. leg’s badly decomposed. :

McKETHAN, Jesse i

electrocuted, - Georgia. ¢
on August 2, 19)6.-

SHADOWS

from the body of a white adult male.”
“Got any idea how long the leg’s been

here, or how old the man was?” put in -

Fitzgerald.

The doctor considered these questions
carefully. “I’d say the leg’s rested here
a week or ten days. And as for the age
of the man, he could have been any-
where between the late teens and the
early 30s.”

“That covers a lot of territory,” Fitz-
gerald observed. “What about his gen-
eral description ?”

“There is dark brown hair on the leg,”
Dr. Ham said. “And from the size of the
member I’d say the man weighed around
180 pounds. There are a few faint scars,
evidently made by small cuts during child-
hood. Maybe a parent could identify the
leg from those scars, but no one else
would be likely to remember them.”

“And there’s no trace of disease which
might have justified an amputation ?”
Sergeant Fitzgerald asked.

“If you are suggesting this is an ordi-

nary piece of surgery you are way off the
beam,” the doctor replied. “The leg was
not taken off by anyone with professional
skill. It was a clumsy job, between the
knee and hip. The bone was hacked part
of the way through with an axe or
hatchet, and thé weight of the leg broke

the remainder. _ And there are no signs of

THE DETECTIVE stealthily followed
the furtive figure through the dark
lots. Then, as the man whirled in
surprise, Fitzgerald cast the beam
of his flashlight upon him. (Photo
at right posed by professional models)

‘ SQUATTING IN a bamboo thicket,
Sergeant E. A. Fitzgerald (center) ex-
amines the hiding place of the head

of the Savannah, Ga.., police department

; i eg
2 >

i \ F Wi +4 Me
: %
we < S

et
A pa am
aha eh CEN OR it fn AS i RE ES NAO

and arms of the victim as other members
stand watching. A leg was found first.

Mt vie Mes aid Beas

When Chief Hall heard about Moore,
he issued a pickup order for the youth’s
car.

While Hall contacted the Augusta po-
lice, McCarthy and Fitzgerald went to
work on Luther Aids’ background. They

_learned that young Aids, an only son,

had broad freedom of action and was
occasionally seen at some of the city’s
“hot spots.”

On the night of October 15, Hall, Mc-
Carthy and Fitzgerald mulled over the
police chemiist’s report, which seemed to
bear out their theory that Luther Aids
was the man whose leg had been found
in the Thirty-eighth Street lot.

The two paper bags he had examined,
the chemist said, were stained with blood
matching in type that found in the leg,
indicating that the limb had been wrapped
in the paper containers, The bags, he
added, were of the sort used to package
fertilizer, but apparently had been new
when put to their gruesome use.

The three officers didn’t know the an-
swer to the paper bag riddle, but they
realized they had important clues.

“The killer must have had access to
those fertilizer bags,” McCarthy said,
“which means he might be. working in
some paper factory.”

He instructed Fitzgerald to collect the
sacks from the chemist. ‘Then take them
out and see if you can identify the manu-
facturer.”

S THE detective left, McCarthy and
Hall discussed the mystery, which,
they were compelled to admit, was as baf-
fling as any they had ever handled. In the
first place, they had no corpse, no proof
a man had been killed, nothing to sub-
stantiate their suspicions that the missing
youth had been murdered. At any min-
ute, both knew, Luther Aids might bob
up alive.
“T can’t figure anyone killing Luther
Aids,” McCarthy said, “unless out of

vengeance. Of course robbery might.

have been a consideration, but it’s re-
mote. The boy’s folks told me he wouldn’t
have had more than $20 or $25 with him
that night.

“John Moore looks like a bet but
there’s actually nothing against him.
Aids, when he told Jesse McKethan he
was going to pick up his girl that night,
could have gone anywhere. His trail is
obscure.”

On the following morning McCarthy
went to the missing youth’s house for a
further check and discovered that Mrs.
Aids had just left for Port Wentworth
with McKethan. i

“Jesse’s been feeling badly about Lu-
ther’s disappearance,” a relative told him.
“He’s been trying to get her to see a
fortune teller. This morning she agreed
to go with him.”

McCarthy was inwardly amused.
“Maybe a fortune teller’s what we need
in this case,” he told himself.

A radio call from Chief Hall brought
him back to headquarters. The State
Police had intercepted John Moore’s car
on its way back from Augusta and were
bringing the youth to Savannah.

Moore, when he arrived, seemed a
fairly baffled youth. When Hall ex-
plained the reason for his detention, Lu-
ther Aids’ rival for the attention of Mary
Roberts seemed relieved.

“You fellows had me_ scared for
awhile,” he told Chief Hall, “but I’ve got
a complete alibi for the night Luther dis-
appeared. I picked up a friend in Savan-

nah and drove to his house to talk about
a job he offered me with an Augusta
firm.

“I stayed until about half past two in
the morning, then drove home and
snatched about three hours’ sleep. At six
o'clock I left for Augusta and have been
there ever since, taking a physical test
and otherwise qualifying for the job. I
got it.”

“Then,” put in McCarthy, “you didn’t
see Aids that night?”

Moore shook his head. “As a matter
of fact, I haven’t seen him in about two
weeks.”

It took only a little time to check the -

veracity of the youth’s story, and the
police turned Moore free. Shortly after-
wards, Detective Fitzgerald strode into
his chief’s office.

“T’ve got something hot,” he told Mc-
Carthy. “Where do you think Jesse Mc-
Kethan works?”

The detective chief’s eyes met his. “A
paper bag factory?” he asked.

“That’s right. And they make ferti-
lizer containers. They've identified the
two found in the lot as having come from
their place.”

McCarthy whistled. Then he thought a
moment. “That's pretty serious,’ he
said, “but someone else could have gotten
hold of those bags.”

Fitzgerald nodded. “Sure. John Moore,
even. He worked there for a couple of
weeks this past summer.” ;

McCarthy pondered that angle. “Have
you looked around McKethan’s house?”

“No,” Fitzgerald replied. “But he
lives in the 1100 block of Thirty-eighth
Street, and that's only about 400 feet
from where the leg was found.”

“That fellow went to a fortune teller’s
with Mrs. Aids today,” McCarthy told
his detective, ‘so now might be a good
time to look his place over,”

Fitzgerald came back with a surprising
statement. “Mrs. Aids didn’t go, chief,”
he said. “She and McKethan drove down
to the Shipyard Inn to tell her husband
about their trip and Aids told his wife

McCarthy’s brow arched. “Anything
more than suspicion?” '

“I don’t know. Maybe we ought to
talk to Aids before doing anything else.”

The detective chief agreed. A few min-
utes later they were at the night club,
where they found the missing youth’s
father eager to see them.

“TJ just phoned you at headquarters,”
he told them. “I found something over
at the McKethan house.”

“What is it?’ McCarthy demanded,
whereupon the night club proprietor
went on:

“When Jesse left here, after my wife
got out of his car, I drove out to Thirty-
eighth Street and looked around. On the
door of the McKethan garage are several
bloody fingerprints. At least it looked
like blood to me.”

This was astounding news. McCarthy
radioed headquarters and soon had a
squad of laboratory technicians en route
to the East Thirty-eighth Street place.
Then he, Fitzgerald and Aids set out
from the Shipyard Inn.

Early the next morning Jesse McKe-
than was taken into custody after the
prints on his garage door were found to
have been etched in blood. Dusted and
photographed, they were compared with
his and discovered to match.

Chief Hall faced McKethan in the
presence of McCarthy, Fitzgerald and
George Aids. “Don’t you think it’s time
to let us know just what happened that
night?” he asked, his features grim.

The sharp-faced suspect gulped and
nodded. “I guess so. This thing is driv-
ing me crazy.”

With hardly any show of emotion,
Jesse McKethan informed the investiga-
tors they had been right all along on the
question of murder.

“That -was Luther’s leg you found
there,” he said. “I was carrying it up
to the park, where I buried the rest of
him, when a police car came along and
flashed its lights on me. Gee, I was
scared! I dropped the leg and the bags
and ducked into the weeds.”

The auditors were amazed at how close
the cruel slayer had come to being caught
with his gruesome burden. Chief Hall
asked: “Why did you do it?”

McKethan shrugged. “Well, Luther
went off and left me that night and I got
sore, sitting in that club all alone, Then,
when he came back around midnight, I
missed my wallet, which I had in my
back pocket earlier. I couldn’t pay the
tab.

“Luther took out some money and I
got suspicious. I figured he had stolen
my wallet to take his girl out.

“We were driving home and got into
an argument about the money. He in-
vited me out of the car to fight. I got
out, all right, but I had picked up a
hatchet from the floor, and I let him have
it.

“He fell in the ditch and I got into
his car and drove home. After awhile I
thought about him lying there, so I went
back for the body. I wrapped it in
blankets so the blood wouldn’t get all
over the machine,”

Miss BIHAN then said he hid the
body of his friend under the front
stoop of his home and went to work the
next day as usual. While working he
realized he would have to dispose of the
body some way. He thought of the bags
and took some home with him.

Then, waiting until his father, with
whom he lived, had left, he took a carving
knife from the kitchen and began his
horrid task.

After signing a complete confession. for
a representative of the district attorney’s
office, McKethan led the police to various
sections of Daffin Park, where they dug
up the shallowly-buried remains of
Luther Aids.

The bloody fingerprints on the Mc-
Kethan garage had already been proved
to be Jesse's and the police found com-
plete evidence in the youth’s cellar that
a human body had been dismembered
there. :

On Saturday morning, October 20, a
shaken Jesse McKethan was given a
preliminary hearing before Alderman
George C. Heyward, acting recorder, in
police court,

With Detective Fitzgerald acting as
complainant, and Dr. Ham testifying as
to the cut marks on the limb—marks
which matched the edge of McKethan’s
kitchen knife—the youth, entered the
customary plea of not guilty. He was
held without bail and bound over for
grand jury action. .

(The names John Moore, Mary Roberts and
Grace Smith are fictitious to save from any em-
barrassment persons who had no connection with
the crime.—The Editor.)

AORTA

PER SSE |

je a es,

POPULAR WITH girls, 17-year-old
Luther Aids made two dates one Sun-
day night. He vanished en route to
the second. Was somebody jealous?

automobile thoroughly, but he found not
even the smallest of bloodstains, nor any
signs of violence. He brought out a
fingerprint expert to dust it for possible
prints, but there were only a few smudges
on the flat surfaces.

‘How had the car been returned to the
Aids home the night the boy disappeared ?
Had Luther been accosted after coming
home, or had his killer driven the car
there and parked it?

At Fitzgerald’s request, the couple gave
him the names of all of Luther’s boy and
girl friends. :
~ The detective sergeant sought out Car-
roll Hendricks first. The young man re-
lated how young Aids had taken him and
McKethan to the Gold Star ranch out on
the White Bluff road early Sunday eve-
ning. :

“Luther left me and Jesse at the ranch
while he kept a date,” Hendricks told the
detective. “He came back about 11:30
‘and phoned another girl.”

“You mean Sue Ann Lane?” asked the
detective.

Hendricks nodded. “He was to meet
her after he took me and Jesse home.”

. “Did he act nervous and jittery?”

“No, he seemed to be happy. He said

he was going to take Jesse right home,
then go over to see Sue Ann.”

The detective sergeant went to the Mc-
Kethan home. Jesse had just come in from
work. He corroborated the statements of
Mrs. Aids and of Carroll Hendricks as
to how his missing friend had spent Sun-
day evening, October 7.

_“Wasn’t it rather late for him to be
keeping a date after he let you out ?” asked
-' the detective.

“Yes, and I told him about it,” Mc-
Kethan said. “Also I warned him some-
thine was liable to happen to him if he

ROGER COURSEY and Sport, his point-
er, found a human leg in a vacant lot.
The missing persons bureau listed but
one youth as being absent from home.

ks ee ere St et

DURING A SEARCH for the missing boy, Jesse
McKethan suggested a visit to a fortune -teller
to learn his friend’s whereabouts. He also told
investigators about a date which was not kept. . . ._

kept monkeying around Sue AnnLane. But
he just laughed at me for being a ninny.”
“What did you think might happen?”

“Sue Ann had another boy friend and’

he was jealous of her,” McKethan said.
“I told Luther he’d better stay away from
her becausé that fellow is bad medicine.
He’s Donald Smith. He told me he’d beat
the living daylights out of anybody that
tried to go out with Sue Ann.”

ITZGERALD NEXT VISITED the

home of Sue Ann Lane. Relatives told
him that she had. gone out of town for a
few days but they were vague as to her
whereabouts. ;

The detective sergeant checked into the
girl’s movements early on the Sunday
evening Luther vanished and found she
had had a date with Donald Smith. She
had left on her trip some time after leav-

.ing Donald.

When Fitzgerald asked the relative if
Sue Ann had met Luther Aids that night
she said, “She could have met anyone
after leaving the house.”

The detective located Donald Smith and
asked him about his dates with Sue Ann

- Lane. Smith admitted keeping company

with the girl.

“Were you engaged or going steady ?”
Fitzgerald asked.

“You might call it an engagement,”
the young man replied. He said he had
been with Sue Ann on the Sunday night
in question, but insisted he took her home

at 10:30. in

“Did you ever have an argument with
anyone about Miss Lane?” the detective
asked him.

Smith looked surprised. “Who, for in-
stance ?”

“Luther Aids.”

Young Smith chuckled. “I couldn’t be

jealous of Luther. He was too young for
Sue Ann.”

“What do ydu mean ‘was’?” Fitzgerald
snapped. “That sounds as if you know
he’s dead.”

The young man flushed. “T heard about 3

his being missing, and about the leg being

found and I figured... .”

“You figured he’d been murdered,”
Fitzgerald charged. ‘We believe that,
too. And Aids was last seen en route to

a late date with your girl friend. That's’ )

why I’ve got to ask you where you were
from 11:30 Sunday night until. Monday
morning.” ’

Smith gave an-account of his where-

abouts covering. the Sunday night in—

question. Fitzgerald jotted down the de-
tails as Donald talked. oh Le
“You better stick around where we can
find you,” the detective sergeant advised.
“Tl be handy,” Smith promised. “But
I’m telling you right now you’ve got the
wrong sow by the ears. Luther was
deathly afraid of someone, but it wasn’t
me.”
“Then who was it?” asked Fitzgerald.
The young man was silent a moment, as
if turning something over in his mind.
“T don’t know,” he said.
Fitzgerald questioned him further but
learned nothing more. Then the sergeant
returned to police headquarters where he

found Perkins and Brennan awaiting him.

‘

“We've got a report on those bags,” Per-—

kjns said. “They were made at the Union
Bag Company. Officials of the company

say they are factory throwouts. That is, — |

they were left unfinished because of a de-_

fect which couldn’t be fixed.”

“Which means,” said Fitzgerald, re-
garding them, “that only an employe

would have had access to them.”
“That’s right,” (Continued on page 43)

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180 Ga. 195 SOUTH EASTERN REPORTER

voluntary manslaughter for jury, failure of conspiracy between the defendants to kill
court to give instruction on such issues re- the deceased. On this question we refer
quired reversal of judgment refusing new to the report in the case of Perry, where
trial. : most of the facts common to both cases
Syllabus by the Court. are stated. The evidence further showed

4 thides tie: Grbinaee Gn fetes cre that just before the homicide Mack was

ir ethtiee ds Cae ie cae en heard to inquire of Perry whether he had

bd £ “ ’
of voluntary manslaughter and of justifiable his knife, and then to say, Let's 0 back
handled down there.” There was other evidence,

the import of which should, not be over-
2, The charge on the subject of conspira- j49keq, in this connection. We refer to
cy was authorized by the evidence. ‘certain utterances by the deceased, some
JENKINS, J., dissenting in part. of which could have been considered as a
part of the res geste, and others as dying
declarations. Ben McMurray testified that
E f S —“, M just as the last shot was fired the deceased
rror from Superior Court, Muscogee catted to him, “Boy, Boy, don’t let them
County; C. F, McLaughlin, Judge. kill me; don’t let them kill me.” He stated
Arthur, alias Geech, Mack was convicted to police officers, “They got me,” and
of murder, and he brings error. “They have got my pistol.” Attention is
Reversed. called to the plural words “them” and
. .. “they” in these statements. There was evi-
: J. Robert Elliott, of Columbus, for plain- dence that the defendant Perry stabbed
tiff in error. the deceased a number of times with a
Walker R. Flournoy and L. Hubert knife, and that this occurred in the im-
Calhoun, Sol. Gen., both of Columbus, and mediate presence of Arthur Mack and
M. J. Yeomans, Atty. Gen., and Ellis G. while they were all upon the floor or
Arnall, Asst. Atty. Gen., for the State. ground together. The deceased made no
distinction between them in such brief
BELL, Justice. statements as he made at the time of the
Arthur Perry and Arthur Mack were difficulty and afterward. A conspiracy
jointly indicted for murder in the alleged may be shown by circumstantial as well as
killing of Charlie R. Helton. The de- direct evidence. McLeroy v. State, 125
fendants were tried separately, and each Ga. 240 (2), 54 S.E. 125, Weaver v. State,
was convicted. Their motions for new 135 Ga. 317, 69 S.E. 488. In the instant
trial were overruled, and each excepted. case there was sufficient evidence to war-
The evidence was substantially the same in rant the charge on that subject.
each case, and the same questions are [3] For the reason indicated in division

presented for decision, except that in 1 the judge erred in refusing a new trial.

Mack v. State, the case here under con-
sideration, one additional question was
raised. All the Justices concur, except JEN-
[1] 1. In Perry v. State, Ga.Sup. KINS, J., who dissents.

195 S.E, 175, the judgment refusing a

new trial was reversed because of the RUSSELL, Chief Justice (concurring
court’s omission to instruct the jury on specially).

the law of voluntary manslaughter and [ concur in the judgment of reversal on
of justifiable homicide. For the same the ground stated in the first division;
reasons the judge erred in refusing a but I am also of the opinion that the charge
new trial in the instant case, the cases on conspiracy was erroneous, for the rea-
being substantially the same to this extent. son that there was no sufficient evidence

[2] 2. The additional question pre- ‘0 authorize it.

sented in the case of Mack is whether there . . .
was evidence to warrant a charge to JENKINS, Justice (dissenting).
the jury on the subject of conspiracy; the I agree to the conclusion reached in
court having given a charge upon that paragraph 2 of the syllabus; but I dissent
subject, which the defendant assigned as from the conclusion in paragraph 1, for
error in his motion for new trial, on the the reasons stated in my dissent in Perry
ground that there was no evidence of a v. State, Ga.Sup., 195 S.E. 175.

Judgment reversed.

MELL Pod SENOLST Ga, 181
miums due to New York insurer, petition al-
leging that superintendent was authorized
and directed by court order to liquidate in-
surer’s business and that he was vested with
title to all choses in action and accounts
receivable was sufficient, without amend-
ment, to authorize judgment for superin-
tendent in his representative capacity.

MELL v. McNULTY et al.
No. 12120.

Supreme Court of Georgia.
Jan. 12, 1938.

Syllabus by Editorial Staff.

{. Fraudulent conveyances >24(1)
The statutory right of a creditor to at- 6. Pleading €=433(6)
tack the judgment of another creditor be- Where New York superintendent of sal
cause of an alleged defect appearing on face Surance recovered judgment in suit against
of record or pleadings does not extend to local agent for premiums due to New York
mere irregularities previous to judgment, insurer, petition would be considered as hav-
but defects must be such as are not amend- ing been amended by pleading a New York
able. Code 1933, §§ 110-702, 110-711, — vesting superintendent with title to
nsurer’s assets, even though y
2. Pleading €>433(6) not pleaded by either sigety Wad fe
On motion in arrest of judgment, a de- foreign statute will not be presumed to ex-
fective petition subject to general demurrer ist unless expressly pleaded did not obtain
will not render judgment based thereon sub- since it could be assumed by virtue of judg.
ject to a ereditor’s Statutory right to at- ment that superintendent sued as a siete
tack. judgment because of alleged defects ap- Officer, that as such he performed his dut
pearing on face of record or pleadings, un- and that he was acting within his asia
less petition affirmatively shows on its face Powers. :
that a cause of action did not exist or that
it could not be amended, or unless defects
render verdict and judgment unenforceable, _ Error from Superior Court, Muscogee
ee defects are cured by verdict County; C. F. McLaughlin, Judge.
2 eory that there is a - i i
Sumption that jury had Saag nit abe ete of ne f mew
aes . ; e state o ew
iete cenee verdict. Code 1933, §§ York, against L. B. McNulty and others
: for premiums due to a New York insur-
3. Pleading 4336) ance company, wherein H. C. Mell, trus-
In suit by superintendent of insurance ye a : pune - os: bag eat
of another state against local agent to re- ee twa suelieing. Wie. ister,
cover premiums due to an insurer of that Maney “te opcateniggaircidcc tek —
state, petition brought in Superintendent’s soe ieee
name could have been amended by insert- Affirmed.

in “ ’
— word as” before statement of his offi- Geo. C. Palmer, Ed Wohlwender, both
Position to make petition conform to of Columbus, for plaintiff in error.

verdict and judgment rendered in his favor Hollis Young & Carnes, Paul BI hard
, Pau anchard,

in his representative ca
pacity “as” super- i
Siteniiia an sanarns ciblhioés' “caete ao Battle & Smith, and Young & Carnes,

dttack “judgudnk Sop dndoce tn sieadings. all of Columbus, for defendants in error.
Code 1933, §§ 81-1308, 110-702, 110-711. S 11 .
iebeinch Gia yllabus Opinion by the Court.

Though a chancery or statutory receiy- JENKINS, Justice.

a age: with any title merely by [1,2] 1. “Creditors * * * “may at-
oo A gener Teceiver may ac- tack a judgment for any defect appearing
cee a wi incidental power to on the face of the record or pleadings, or
ee gn jurisdiction by a statute for fraud or collusion, whenever and
ow. pied 4 conveyance or assignment, wherever it interferes with their rights,
praghiots or order of a court of his either at law or in equity.” Code, § 110-

Pressly vesting title in him. 711. “When a judgment has been ren-
dered, either party may move in arrest
thereof, or to set it aside for any defect
not amendable which appears on the face
of the record or pleadings.” Section 110-

_—>—__.

5. Insurance C26

In suit by New York superintendent of

Ins i
urance against local agent to recover pre-

ure

bi
+

erage
et

pay
3
Fs

43 Po)
we Py

o heen ase

oe
oe |

Helton, well — oS nmoeres
me a ‘
nut com se erabeed STOLEN GUN, CAR a
a number 0 yrasy| 1S USED BY BANDIT)
ef the grounds yee = Bek
of et viliey Exposition in an en- Robber Flees by Leaping!
counter with two negroes, died | U =
gb afterwards. i pon Running Board of
wo negroes were Daas
pieced in the county }-4 Passing A
| wounds, believed to have : “
Nicted when fired upon by -.| An unidentified ‘bandit rode to
Helton, were treated at City hos- the L. W. Rogers grocery store on
pital. They, are charged with the the southeast corner of Eighth
murder of far. Helton, sae Lene ee a pag ier in a ees
The Injured man was wy au ike early last night
Mack and Oscar Perry, negroes, | the tal by several licemen [robbed the place with the use of
hospi y po
in connection with the fatal cut- but was abi gay dead on he: He eee ery att oe in 4
of Charies } ‘ing exami vy a physician. He wh phop.
Point, arrived st the Inten- | Orns late F geen mie rt Least eleven wounds in his| Te robber escaped by jumping
hoo] Detachment e reckal ; be: chest, abdomes, heat and liver ;m. the running board of @ pase-
' ‘placed before the grand jury for ; h {fered oes 1B Cat and eluding. clerks from
Benning, where they will |; | region, and ad su the }
nal Oa gait te investigation Monday morning. i uf much blood by the time he ar- the aonb hig who pursued im)
ne a Jone MO apeiehirs organization of = that/ rived Mtonager HOA. Bryan wold 8
; : an o'clock | body for the August term of court, Ledger-Enquirer reporter that the |
ie i age e tragedy follow efforts of e
Solicitor General = dy followed eff ft “pber obtained Habout $35 oF
ad ec oe wd eneral Hubert Cal-|Qscar Perry. 23, of $08 Fifth q4q- when he: sige
: nified the cash reg-
First Cl: was) gtreet, and Arthur Mack. 38, Of ister at about 730 oclock while
_ assmen W4S) The solicitor general also s! 527 Sixth avenue, negroes.” WAC), Gozen or more customers weye.
meal, consisting of beef that if indsctments are foun hase beer from Mr.| iz, the store a
rice, fresh prunes, hot bis- Monday #@s ws expe ted, the cases guarding surplus Band Uanoticed ae
nather-pnd jain, and coffee, | Sol ve ag og nee pra are whe analy entered the store
ae i nee Ml ' tic ik
was gpoepered end ready © ‘was made by the solicitor generality staged rnepencppren rely det
in the | huge Special Units ‘after be ba been working all day ister snd quite
once the frs_ed. thej wilh tne golive Se ed ree . prey A
é seriels @frived at ee . his pockets. Ope of the clerks.
Mr. Cafhour slap said the cost beer. ee Fuller. approached the reg-
W. McGuffey,- 21.\¢t jster to place money into it and it
murder in connec-{ extensive inveptigation ‘was not unti) then that ‘the rob-
. fatal sheoting of/by the city police and detect: ber flourished his pistol and he-
Auge and Solicitor General Hubert Cal-|gan wo give orders.
in t houn brought out. “Everybody be quiet,” the bandit.
i eat After questioning Ben McMur- uoted as orteri “This is:

mr eat a ‘ad i : pee
r she ray, segro youth, who was near just a plain ald county holdup.” |
nten-: the scene, as was Essie B Thom-| He then ‘directed his remarks:
resa, ehgagd to. clean up to Mr. Bryan. and wid i
Chief of Detectives eset: |

‘

trie % the would be. A. “I know you, I've been watch- |
fhe entire Corps. yand ju CHAS. ing you, and I'll shoot you if you,
Monday move.” j

be set

OEE
He threatened tn shoot the cus |
A 6. tomers if they nude a move to-)
These are the only murder ese a ward going out of the slore. but.
involving white persons here this emphasized the point that he was:
ber o “not going to shoant any ladies,” |

f felony
for, invest of whom there wyre quite a num- } A
i?

cocina treater

Sought Te Buy Beer

) “sHoetd ‘rnuqdy ‘xuumd pus INU ALY

aes

aren

*O9T

seme tennence tte

4 oe: he OU
laren wor TAA pes in-the wlere Poo pct geet
opening day : olding ‘his pistol inp his Fight |

will be taken up, as UsU- | : hand near mis ‘hip. the robe: |
e | and placed

7 | Trim

*O£6T-6-

with the 83rd Field Artillery| the criminal Digs Bryan broke for the aoe Gace eee
his as- up , ' < : spread the aiarm Ww | ATLANTA, July

was still: ‘the store. } bath texte

aw almost on his heels, though.| Bipies was postponed todd
nd he gained the sidewalk about| state board of educations
the time Mr Br an had reached ‘ing on the free school :
aria nbs of Great Atlantic tem
week. aera : a acific store next door, 8¢- Bays
oy ing aogier ae WASHINGTON, July 31—(AP) cording to statements by clerks. a on Bk D Rive
a recess jury aession The senate refused again today to Before the holdup man left the a, publishers "
superior court at But- attach the Wagner-Van Nuys an- store, however, he had called Blo attempt a shave in ore
ial of t-lynching bill to another piece | negro boy to him from the oppo- | tf A tate for thes
: ; te of legislation. I stte side af the store Clerks ana) ~ 3,000,000 at :
in Savenaah, Ga, at) of customers believed thut he did | mately Sah
ae this in order to clear an aisle on be purchased, and with
where they were é, as : i ay
net ito trucks and " i yithe far side of the store in order, on! the proposed C
truc es lend (D.,. N. ¥.)(that his escape would not be, 000 Bibles. er
2g ne board will allow |

Columbus, Georgia SUNDAY LEDGER-ENTERPRISE 8-1-1937 (1) *

vod apagaeateeter

tempveEe wort

T4600 Ga.

PERRY v. STATE.
No. 12420.

Supreme Court of Georgia.
Sept. 15, 1938.

Criminal law €=935(1)

The affirmance of judgment of convic-
tion in murder prosecution was required
where only error assigned was based on re-
fusal to grant new trial on general grounds
only, and evidence ‘was sufficient to sustain
verdict.

Syllavus by the Court.

The only assignment of error being bas-
ed on the refusal to grant a new trial on
the general grounds only, and an exam-
ination of the record disclosing that there
‘ was sufficient evidence to support the vyer-
dict, the judgment must be affirmed.

————>—_—

Error from Superior Court, Muscogee
County; C. F. McLaughlin, Judge.

Arthur Perry was convicted of murder,
and he brings error.

Judgment affirmed.

Geo. P. Munro, of Columbus, for plain-
tiff in error.

Hubert Calhoun, Sol. Gen., and Walker
Flournoy, both of Columbus, M. J. Yeo-
mans, Atty. Gen., Ellis G. Arnall, Asst.
Atty. Gen.,'and E. J. Clower, of Atlanta,
for the State.

GRICE, Justice.

The plaintiff in error was twice convict-
ed of murder. His first conviction was set
aside because the judge omitted to charge
the jury on the law relating to justifiable
homicide and manslaughter. Perry v.
State, 185 Ga. 408, 195 S.E. 175. The
present writ of error presents the sole
question whether or not the verdict was
authorized by the evidence. The testimony
on the two trials was substantially the
same, a satisfactory statement of which ap-
pears in the report of the case on its for-
mer appearance. The evidence was suffi-
cient to sustain the verdict. To set forth
a full report of the evidence would be but
to repeat in substance what appears in the
former report of the case, and would serve
no useful purpose. We have with care
examined and scrutinized the testimony.
The theory so earnestly and ably presented

198 SOUTH EASTERN REPORTER

by the prisoner’s distinguished counsel may
be the truth of the transaction; but the
jury have found otherwise, and it is made
their duty, not ours, to reconcile conflict-
ing theories arising from the same state
of facts. That the deceased was stabbed
to death by the prisoner was shown by the
evidence. There was no direct evidence
to show whether the deceased or the ac-
cused was the aggressor; none as to wheth-
er the assault upon him was in self-defense
or otherwise. Conceding that the wounds
on the prisoner were from the deceased’s
pistol, the jury had the right to draw their
own deductions as to which was the ag-
gressor.

The judgment overruling the motion for
a new trial is affirmed.

All the Justices concur,

MACK v. STATE.
No. 12419.

Supreme Court of Georgia.
Sept. 15, 1938.

Criminal law €=935(1)

The aflirmance of judgment of convic-
tion in murder prosecution was required
where only error assigned was based on re-
fusal to grant new trial on general grounds
only, and evidence was sufficient to support
verdict.

Syllabus by the Court.

The sole assignment of error being bas-
ed on the overruling of a motion for new
trial based on the general grounds only, and
the evidence being sufficient to support the
verdict, this court will not reverse the judg-
ment,

Error from Superior Court, Muscogee
County; C. F. McLaughlin, Judge..

Arthur Mack was convicted of murder,
and he brings error.

Judgment affirmed.

Geo. P. Munro and J. O. McGehee, both
of Columbus, for plaintiff in error.

Ilubert Calhoun, Sol. Gen., and Walker
R. Flournoy, both of Columbus, M. J

SCRE SN IRIS 9.0 BC te 6 Fp me ke BRR TS

PULLEN y. GENERAL AMERICAN CREDITS. Ga. T4T
198 S.E,

Yeomans, Atty. Gen., Ellis G. Arnall,

plaintiff’s Mability on such notes and two

Asst. Atty. Gen., and E, J. Clower, of other notes executed under the same cir-

Atlanta, for the State.

HUTCHESON, Justice.

This is the second appearance of this
case. In Mack v. State, 185 Ga. 415, 195
S.E. 179, this court reversed the judgment
because of the court’s omission to instruct
the jury on the law of voluntary man-
Slaughter and of justifiable homicide. It
was decided also that under the evidence
a charge on the subject of conspiracy was
authorized. The companion case of Perry
v. State, 185 Ga. 408, 195 S.E. 175, was
again considered by this court, and in the
decision rendered to-day, 198 S.E. 746, we
hold that there was sufficient evidence to
sustain Perry’s conviction.’ Perry and
Mack were jointly indicted for the same
homicide. In the previous reports of the
two cases the material portions of the
testimony were set forth. The testimony
in both cases was practically the same, ex-
cept that it tended to show that Perry
actually gave the mortal blow. There
was no material difference jn the proof
submitted to the jury in the first trials and
on their second arraignment. The evi-
dence in the instant case was sufficient to
Support the verdict. The jury were au-
thorized to find that there was a conspir-
acy between Perry and Mack to murder
Helton, and that he died as a result of the
wounds unlawfully inflicted upon him by
Perry in the presence of Mack,

Judgment affirmed.

All the Justices concur,

-
© E KEY NUMBER SYSTEM
T

PULLEN v. GENERAL AMERICAN
CREDITS, Inc.

No. 12314,

Supreme Court of Georgia,
Sept. 16, 1938.

{. Injunction > 118(4)

A petition for injunction to restrain
Prosecution of municipal court action on two
Notes executed by plaintiff, so as to deter-
Mine in a single equitable action and with-
out a multiplicity of suits the question of

cumstances and subject to the same defense
of want of consideration, stated a cause of
action.

2. Corporations €=>90(5)

A petition alleging that corporate payee
of note executed by defendant in payment of
purchase price of stock of corporate payee
to be transferred to defendant on full pay-
ment of note was ready to deliver to de-
fendant the stock certificates upon payment
of note, stated a cause of action for balance
due on note.

Syllabus by the Court.

1. The petition stated a cause of action
for injunction to restrain further prosecu-
tion of the action in the municipal court up-
on two of the notes executed by the plaintiff,
in order that the question of the plaintiff's
liability on these notes and on two other
notes not in suit but executed under the
same circumstances and Subject to the same
defense, namely, want of consideration,
might be determined at one and the same
time in the equitable action, and a multi-
Plicity of suits be avoided.

2. The petition also stated a cause of
action for recovery of a balance alleged to
be due on a note made and delivered by the
defendant to the plaintiff. The court did
not err in overruling the general demurrer
to the petition,

-_~o———— _

Error from Superior Court, Fulton
County; Paul S. Etheridge, Judge.

Suit by General American Credits, Inc.,
against Clifford K. Pullen for an injunc-
tion to restrain the prosecution of an action
on notes executed by the plaintiff. To re-
view a judgment overruling a general de-
murrer to the petition, the defendant brings.
error.

Affirmed,

General American Credits, Inc., filed a
suit in the superior court of Fulton County
against Clifford K. Pullen. The defend-
ant’s general demurrer was overruled, and
he excepted. The petition contained the
following allegations: The plaintiff is a
corporation “with only one thousand shares
of no par value stock, for which it receiv-
ed a thousand dollars, and a hundred and
fifty shares of 8% preferred stock of the
par value of $100 per share, all of which
has not been bought; so that its total po-

BOOKS BY THOMAS H. COOK

FICTION
Blood Innocents
The Orchids
Tabernacle
Elena
Sacrificial Ground
Flesh and Blood
Streets of Fire
Night Secrets
The City When It Rains
Evidence of Blood

NONFICTION
Early Graves

BLOOD
ECHOES

The True Story of an
Infamous Mass Murder
and Its Aftermath

Thomas H. Cook

A
A DUTTON BOOK

6 SPIT AN PATON or

LOUITT,

LQET/TZ/6 (4°)

Execution set for today

ATLANTA — A man who murdered
a runaway teen-age girl will today
become the 12th man in three years to
be executed by the Georgia, barring a
last-minute reprieve from federal
judges or state pardons officials.

Timothy W. McCorquodaie, 35, is
scheduled to be electrocuted tonight at
the state prison near Jackson for the
1974 torture-slaying.

Rejected Friday in his appeals to
the Georgia Supreme Court and a U.S.
District Court judge, McCorquodale
has appealed to the Atlanta-based 11th
U.S. Circuit Court of Appeals, and also
has an appeal pending before the U.S.
Supreme Court.

McCorquodale was convicted of
killing Donna Marie Dixon, a
17-year-old runaway from Newport
News, Va.

According to trial testimony,
McCorquodale, who is white, became
enraged when he saw Dixon, also
white, speaking with a black man ina

bar. /9- Lb

Monday, September 21, 1987
Reno Gazette-Journal

TE Sane erg

Georgia killer’s execution set Monday

JACKSON, Ga. (UPI) — Bar-
ring a last-minute stay or suc-
cessful clemency plea, con-
demned killer Timothy McCor-

quodale will die in Georgia’s elec-.

tric chair Monday for the torture
and murder of a 17-year-old girl.
McCorquodale, an, ex-Marine,
will be executed at 7 p.m. unless a
plea for a stay is granted by
Supreme Court Associate Justice
Antonin Scalia or the state Board
of Pardons and ‘Paroles rules fa-
vorably on a clemency petition.
Scalia is reviewing an appeal
filed last week by McCorquodale’s
attorneys, The Pardons and Par-
oles board heard a plea for

clemency from McCorquodale’s —
family last week, but a board
spokesman said it won’t issue its
ruling until all judicial appeals
have been exhausted. ts
A Fulton County jury convicted
McCorquodale in 1974 of the tor-
ture and killing of Donna Marie
Dixon, 17, of Newport News, Va.,
earlier that year. Court records
show McCorquodale picked up
Dixon, described as a runaway, on
an Atlanta street and took her to
his home where he repeatedly
tortured and sexually assaulted
her before killing her and leaving

dump.

her body in a box at a public

: : -

_ Monday, September 21, 1987

__ LAS VEGAS SUN. 3A:

186 Thomas H. Cook

Because, having finally put into place the last remaining elements of his

plan to escape from Reidsville’s Death Row, he was now waiting con. _

tentedly for the already selected moment.

Should all go according to plan, in just four days Carl expected that
he would be through with courts and lawyers and petitions forever. At
that point, he would be free to do what he’d already flippantly claimed

he wished to do should he ever find himself outside prison walls: kil]
more Aldays.

Chapter Twenty-five

n the morning of July 28, 1980, four inmates on Reidsville State

Prison’s Death Row escaped by simply walking out of the prison

during its early morning shift change. The four escapees made
their way to a car waiting for them in the prison parking lot, its gas tank
filled, the ignition keys concealed above the sun visor on the driver’s
side.

The escape from Death Row was unprecedented in Georgia history,
and it involved four singularly ruthless men.

Timothy McCorquodale’s crime, as the Atlanta Constitution would
later say, “fit the standard definition of a heinous murder.”” On January
17, 1974, when he was a twenty-three-year-old Marine Corps veteran,
McCorquodale, while cruising a section of Atlanta known as the Peach-
tree Strip, a notorious hangout for prostitutes, drifters, and drug dealers,
had picked up a seventeen-year-old girl named Donna Marie Dixon, a
runaway from Newport News, Virginia. He had taken her to an apart-
ment on Moreland Avenue, where he had systematically, over a period
of many hours, cut her to ribbons with razor blades and scissors, stran-
gled her with a nylon cord, and finally broken her ankles and knees in
a strenuous effort to force her body into a cardboard trunk.

Although less sadistic, Troy Gregg’s crime had been no less compas-
sionless. Drifting from state to state, Gregg and a young companion had
hitched a ride with two men from Florida in November 1973. Together,
they had driven north along Interstate 85 until they reached Gwinnett
County, an area outside Atlanta. There an argument had developed
between Gregg and the two men. It had been settled only after Gregg
had cold-bloodedly shot and killed them both.

THE NEW YORK TIMES, TUESDAY, SEPTEMBER 22, 1987

Slayer Executed in Georgia: |

High Court Rejected Appeals
| pay

JACKSON, Ga., Sept. 21 (AP) —
Timothy W. McCorquodale was elec-
trocuted this evening for the 1974 tor-
ture and murder of a runaway teen-age
girl, a murder he said he could not re-
member.

Mr. McCorquodale, the fifth man to
be executed in Georgia this year, was
pronounced dead at 7:23 P.M., accord-
ing to a prison system spokesman,
John Siler.

The 35-year-old slayer was convicted
of raping, torturing and then breaking
the neck of a 17-year-old girl he had
seen talking to a black man. Both the
Slayer and the victim were white.

_ A request for clemency from the
State Board of Pardons and Paroles
was rejected today at mid-afternoon,
shortly after the United States Su-

preme Court, on a 6-to-2 vote, turned :

down one of the two appeals before it.
High Court Rejects Appeal

Later today, by the same vote, the
Court rejected Mr. McCorquodale’s
final appeal, a challenge to the refusal
Sunday of the United States Court of
Appeals for the 11th Circuit to stay the
execution.

Mr. McCorquodale was the 93d pris-
oner to be put to death in the United
States since the Supreme Court cleared
the way for states to resume capital
punishment in 1976.

He was sentenced to die for the Slay-
ing of Donna Marie Dixon, a runaway
from Newport News, Va., who had gone
to “‘the Strip,’’ a rough section of mid-
town Atlanta, which several years be-
fore had housed the city’s hippie com-
munity.

The parole board chairman, Wayne
Snow, said that on Friday the panel re-
ceived a letter from Mr. McCorquodale
in which ‘the does show considerable
remorse for what he’s done.”’

Nevertheless, Mr. Snow said the

board had viewed the killing as ‘“‘one of |.
the most heinous crimes committed in |.

the state’? and had decided against
commuting the death sentence for that
reason.

Circumstances of Crime
Witnesses at his trial

was dumped in suburban Clayton

County.

The case prosecutor, Joe Drolet, said | '

the other man involved in the killing
was never found.

In 1976, a state psychiatrist reported
that Mr. McCorquodale. could not re-
member Miss Dixon’s murder. “] can-
not believe that I would do them
things,’’ he was quoted as saying. ‘‘I
just don’t believe I could do it.”’

24° LAS VEGAS SUN

Marine rapist executed |
JACKSON, Ga. — Ex-Marine Timothy
McCorquodale was executed in Georgia’s
electric chair Monday for the 1974 rape,
torture and mutilation murder of a 17-year-
; | old white girl who enrage
; was talking to a black man.
McCorquodale, 35, was put to death wit
nt in the pine wood
rgia’s Diagnostic and
He was pronounced

a single jolt of curre
electric chair at Geo
Classification Center.
dead at 7:23 p.m. EDT.

Timothy W. McCorquodale was
electrocuted in Jackson, Ga., for
the 1974 torture-murder of a
teen-age girl, a murder he claimed
he couldn’t remember. He was the ¥
fifth man to be executed in Georgia ‘y
this year. McCorquodale, 35, was\
convicted of raping, torturing and | |
then breaking the neck of Donna
Marie Dixon, a 17-year-old run-
away from Newport News, Va.
McCorquodale had seen the teen- ~)
ager talking to a black man in
Atlanta. McCorquodale and the
victim were white. Y-22-f/7.

d him because she

Tuesday, September 22, 1987

ee a
oe ] /
es O oe o ff
ve ie VE Gem View (ie, Ge
Cc. ee

2 x ”

188 Thomas H. Cook

The youngest of the escapees, David A. Jarrell, had been only eigh-
teen on Christmas Eve 1973, when he set out on foot from Lawrence-
ville, Georgia, a small town a few miles from Atlanta. Later that night
he met Mala Ann Still, a bank teller who'd left her job for the day to
do some last-minute Christmas shopping. Two days later, her tortured
body was found in a wooded area along the Alcovy River. She had been
shot in the head.

The last of the four, Johnny Johnson, had been with another man

when the two had met two women in Savannah on July 20, 1974.

According to the one woman who managed to survive what happened
after that, Johnson and his associate had forced them into a car at
gunpoint, tied their hands, then driven them to a remote dirt road off
U.S. 17. Johnson had led his choice of the two women, Suzanne Eden-
field, out into the woods, raped her, and then shot her to death.

All four had been tried, convicted, sentenced to death, and trans-
ported to Reidsville State Prison, the “Great White Elephant” as it was
called, which housed the state’s only Death Row.

And all four had now escaped.

Stunned and mortified by the Death Row escape by four of the most
vicious men within the prison system, Georgia authorities pulled out all
stops in their effort to recapture McCorquodale, Gregg, Jarrell, and
Johnson. Hundreds of officers from the Georgia Bureau of Investiga-
tion, the FBI, the Tattnall County Sheriff’s Office, and the Georgia
State Patrol went on alert, initiating a sweep search of Georgia and
South Carolina, since all four of the fugitives had relatives in the two
states.

In addition to the statewide sweeps, officers began more concentrated
efforts in four towns: York, South Carolina, where Gregg’s sister lived;
Sumpter, South Carolina, the home of Johnson’s mother; Nicholls,
Georgia, where McCorquodale’s father resided; and Lawrenceville,
Georgia, the home of Jarrell’s mother. ,

Within hours they were also checking the telephone exchanges of
Jacksonville, Florida. By that time, the GBI had been contacted by
none other than Charles Postell, the peripatetic reporter who’d long
been in contact with Carl Isaacs. According to Postell, one of the Death
Row escapees had telephoned him at around 10:30 on the morning
following the escape. At that time, Postell said, Gregg had told him that
he was calling from Jacksonville. “I thought it was a hoax,” Postell later

told reporters. “I thought he was calling from the prison, just trying t0
fool me.”

BLOOD ECHOES 189

But it had not been a hoax, and as the hours passed, and the public
outcry over the escape mounted steadily, frantic law enforcement ofh-
cials continued to comb Georgia and South Carolina in search of the
four escapees.

By the early morning hours of the following day, Wednesday, July
30, it had become a nationwide manhunt, but by then, only one of the
escapees, Troy Gregg, was still at large. The other three had been
captured in a small, four-room brick home on the shores of Lake Wylie
about ten miles southwest of Charlotte, North Carolina.

At 1:15 a.o., after a siege of nearly four hours, officers of the Meck-
lenburg County Police had fired teargas into the home and waited as,
one by one, McCorquodale, Jarrell, and Johnson had staggered out. No
shots had been fired.

With three escapees now in custody, the fate of the fourth, Troy
Gregg, was quickly discovered when his body was found floating in
Mountain Island Lake, about twelve miles north of where the other
three had been captured. The autopsy revealed that Gregg had been
beaten to death with what the medical examiner called a “wide instru-
ment, possibly a board, belt or shoe.”

The grim details of Gregg’s death were discovered only a day or so
after his body. It was not a pretty story. According to witnesses later
interviewed by North Carolina authorities, Gregg had arrived in Char-
lotte still in the company of the three Death Row escapees. One,
Timothy McCorquodale, had reestablished contact with members of
the Outlaws, the motorcycle gang to which he had belonged, and
particularly with William K. (“Chains”) Flamont, a member who had
himself only narrowly escaped the July 4, 1979, massacre of five fellow
Outlaws at their clubhouse in north Charlotte.

Flamont, at whose lakefront home they had later been captured, had
welcomed McCorquodale back into the Outlaw circle.

By then, however, Gregg was already dead. Several hours before, at
the Old Yellow Tavern on the Catawba River, Gregg had made a fatal
mistake. Always arrogant, and something of a braggart, Gregg had made
a thoughtless remark to a female patron currently attached to one Eddie
Phipps, a thirty-year-old motorcyclist who was not known to suffer fools
gracefully.

Phipp’s reaction was swift and sure, and, cheerfully aided by Timothy
McCorquodale, he promptly stomped Gregg to death behind the Old
Yellow Tavern. Gregg’s body was subsequently thrown into the river,
where it floated downstream into Mountain Island Lake.

190 Thomas H. Cook

Within four days of the escape, all four of the Death Row inmates

had been accounted for.

But the escape, itself, who had planned it and how it had been carried
out, had not yet been uncovered.

After Gregg’s death and the capture of the remaining three escapees
in North Carolina, Georgia law enforcement officials were determined
that no such escape would ever again occur within the state prison
system.

Consequently, Georgia Bureau of Investigation Agent Robert In-
gram was assigned to head a GBI Task Force whose duty it was to
uncover the escape plan in its most minute details, and inform prison
officials in such a way that they could redesign their surveillance and
other programs to make certain that such an escape could not be
repeated.

Only a few days after the escape, Ingram arrived at the Great White
Elephant to begin his work. He went to Cell Block D-4, a row of only
ten cells located on the building’s fourth floor: Death Row.

To his astonishment, prison officials had already had the bars that had
been sawed through in the initial stage of the escape plan rewelded, but
it was easy for Ingram to determine that although four inmates had
escaped, six had been involved in the plan. One of them, Tom Fitz-
gerald, had apparently gotten cold feet at the last minute. Another,
however, had been transferred from Reidsville to the Georgia Diagnos-
tic and Classification Center in Jackson only a few hours before the
escape had occurred. The sixth escapee had been assigned to Reidsville
for nearly six years. He occupied Cell 10. His inmate number was
D-17622. His name was Carl Junior Isaacs.

“I knew the other escapees pretty well,” Ingram said.years later, “and
there was no way they could have come up with such a highly detailed
and intelligent plan. The minute I saw those welding marks on Cell 10,
I knew the whole thing had been thought out by Carl Isaacs. None of
the others had anywhere near the brains for it.”

Convinced that Isaacs held the key to the escape, Ingram drove t0
the Jackson Diagnostic and Classification Center as soon as possible to
interview him. At first, Isaacs claimed to know nothing of the escape
plan, but over a period of two years and twenty interviews, as Ingra™
patiently and meticulously stroked Isaacs’ ego, telling him that only a
prisoner of his intelligence and cunning could have devised such 4

BLOOD ECHOES 191

brilliant plan, Isaacs began to reveal the details of the plan he had
developed over a period of six years, and which the four escapees had
executed on the morning of November 28. In the end, Isaacs even went
so far as to produce a forty-six-page narrative whose opening words
could hardly have served better to demonstrate his frame of mind:
“Herein lies the truthful story of one of the greatest escapes that has
ever been recorded in the annuls [sic] of crime,” Isaacs wrote, “perhaps
it could even be the greatest.”

That it was an amazing plot could not be doubted. Whether Isaacs’
detailed rendering of it was truthful, however, would remain in doubt
forever. His contentions would implicate a great many people, some of
whom would be charged with aiding in his escape plan. Among those
charged was an Albany Herald reporter named Charles Postell and his
wife. The charges were later dropped after it became known that Isaacs
had offered $15,000 to Postell in exchange for which Isaacs would
change his testimony implicating Postell. The extent of Postell’s actual
involvement, if any, remains uncertain. Still, Isaacs’ account would
remain the central document of the GBI’s investigation, and although
its veracity would always be questioned as a work of self-aggrandize-
ment, it was pure Carl Junior. Never had he spoken with greater
determination to carve out a monument to his own criminal genius.

According to Carl, his first notions of escape had been in May 1974.
During the first part of that month, he’d received a short note from an
Albany Herald reporter named Charles Postell. In the letter, Postell had
expressed a desire to interview Isaacs with the idea of writing a book
about his life.

Isaacs agreed to the interview, and Postell arrived at the prison on
May 10. After the first interview, there were many others, during which
Postell sat listening as Carl, delighted to have such an attentive audi-
ence, held forth about his life and crimes.

During the latter part of 1974, Carl even went so far as to tell Postel
that he planned to escape. According to Isaacs, Postell replied by
bringing up such absurd notions as him flying a helicopter to the
prison’s fourth floor and snatching Isaacs from the roof, or perhaps
sending him a Christmas cake with a gun inside. Despite the idiocy of
such notions, Isaacs said that a tacit understanding began to develop
between the two that should Isaacs ever attempt an escape, Postell
would help in any way he could.

192 Thomas H. Cook

In January 1975, Carl was moved to the fifth floor, then later to Cell
Number B-4, once again on the fourth floor. It was at this point, Isaacs
said, that he began to work seriously on an escape plan. At that moment,
Carl, as he later wrote, “being a realist,” determined that he would need
assistance in carrying out any escape from Reidsville.

At about that time, Carl began to receive letters from Tami Postell,
Charles Postell’s daughter, and as relations continued to warm between
Isaacs and the entire Postell family, they began to send him the items
he occasionally requested, all harmless, things such as pajamas and
towels, along with others which, although he saw no immediate need
for them, he deemed potentially useful at some later point: glue, tape,
and Magic Markers.

During September and October of 1975, according to Isaacs, his
relationship with Postell “took on a new perspective.” He and Postell
were able to speak more freely, while the family circle broadened to
include Postell’s wife Judy, called Bunki, and a second Postell daughter,
Robin.

It was at this time, January 1976, that Postell began to smuggle in
miniature bottles of liquor. They talked more openly, Carl about his
family, and Postell about his, with “every scrap of information secretly
filed away” in Isaacs’ mind, as he put it, “for future use.”

But by then Postell and his family were not the only outsiders with
whom Isaacs was developing a relationship. In March 1976, he began

a correspondence with Judy Powell. Powell had glimpsed Carl’s picture
in a local newspaper, she said, and had fallen in love with him. Carl —
found this hard to believe, as he wrote, “but my mind was turning over

the various avenues of recruiting her to help me.”

Judy Powell was placed on Isaacs’ approved visiting list, and arrived

for her first visit, the “day of reckoning” as Carl called it, during the
latter part of May.

During the meeting, Carl made a few nominal requests of Powell to”

“test her loyalty,” and, to his amazement and delight, she obeyed. “The
lock had been set,” Isaacs later wrote. “It was time to begin.

But not quite. ;
According to Carl, Postell reacted with outrage at his new frien
was convinced that she had some ulterior motive for her roma?
interest in Carl, he said, and asked for his permission to check

her out.

AEGIS OP ERD ANE PE

BLOOD ECHOES 193

Carl agreed to allow Postell to conduct a “cursory probe” of her back-
ground, and promised to delay any further contact with Powell until
Postell’s investigation was completed. .

This was a lie, however, and immediately after Postell’s visit, Carl
penned a long, detailed letter to Powell detailing Postell’s suspicions
and intentions. Now Powell was outraged, just as Carl had hoped, and
he was able to calm her anxiety by assuring her that he would let her
know whatever Postell discovered, and that in any event, it would not
come between them.

For the next four weeks, Carl deftly played the two competing parties
against each other until finally, with Powell at her wits’ end, paranoid,
convinced that she was being followed, so frightened that she had
become too scared even to visit Isaacs at Reidsville, Carl finally insisted
that Postell halt his investigation.

Postell relented, even to the point of declaring that Powell was “on
the level and that it would be wise” if Isaacs “latched on to her.”

With the matter settled, but in a manner so sudden that Isaacs
continued to suspect some kind of ruse on Postell’s part, he began to
raise the issue of escape with Powell. By late summer she was fully
engaged in the plan, and in August she mailed five silver eight-inch
hacksaw blades in a box of envelopes from a small town in Alabama.

With Powell indictably committed to his escape, Carl began to work
on Postell, telling him of the aid Vinson had already given, and eliciting
from him an equal commitment. According to Isaacs, Postell unhesitat-
ingly agreed to be of any assistance he could in Isaacs’ impending
escape.

With outside assistance now in place, Carl began to work on assis-
tance from within, approaching fellow Death Row inmate Troy Gregg
in the fall of 1976.

By then, Carl had devised the basic formula for his escape. His plan
was to cut out of his cell through the catwalk bars, then go out a window
at the end of the catwalk and on to the roof of the prison. Once on the
toof, he intended to lie low until early the following morning, which
would have to be a Saturday, leap from the room, and dash to the
Parking lot where Powell would be waiting in a car. “I realized that it
Was a grave risk,” Carl wrote, “and that my chances of pulling it off were
almost nil, but I was very determined to escape.”

But if reason would not have been sufficient to deter Isaacs from this
Plan, a sudden shakedown of A-block was. It was no ordinary, routine

194 Thomas H. Cook

shakedown. The officers carried rubber hammers to check the bars for
cuts, and as he watched the shakedown progress, Isaacs felt relieved that
he had made none in his own bars as yet.

Unnerved by such a sudden, thorough shakedown, and suspicious
that the authorities had been alerted by none other than his old friend,
Charles Postell, Carl began to formulate a different, and far more
elaborate scheme.

But while his plans inside the prison progressed, his outside structure
began to collapse. Without explanation, Judy Powell was abruptly ex-
cluded from his visitor’s list. Bereft of this dedicated lifeline, Carl
decided that his next attempt would have to be far more complicated
and foolproof than his first one. Accordingly, as he later wrote, it was
shortly after that “that the idea in my subconscious mind finally evolved
into the greatest plan ever, later to be termed the greatest and most
daring escape ever recorded in history.”

Two and a half years later, by September 1979, Carl had “worked all
the kinks out of the master plan.” Now all he needed was to find the
men who would be able to pull it off. He had five in mind, only two
of whom, Troy Gregg and Johnny Johnson, were actually located on his
cell block. The other three, West McCorquodale, David Jarrell, and
Tom Fitzgerald were housed elsewhere.

The first task was to get the remaining three men into Isaacs’ cell
block. Within five days, by having McCorquodale claim that he was
having trouble in his relationships with the inmates of his home cell
block, Carl had succeeded in having him transferred to Cell Block A.

A month later, David Jarrell was also transferred to A, and not long
after that, the third member, Tom Fitzgerald, was also transferred, this
time in the middle of the night, to Cell Block A.

Once the escape team was in place, Carl began assembling t
he deemed necessary to put his plan into operation.

He needed pajamas, black shoes, and belts for each escapee: li

With these items, Isaacs, an accomplished tailor, planned to ae :
cate in the most minute details the uniforms worn by the Reidsvi

he tools

correctional officers. ee
of the actual

To accomplish this, however, he needed to get swatches ;
uniforms in order to duplicate their color. To do this, Carl re

corruption.
By June 1980, a young correctional officer, Bill Maddox, ha

d for some =

BLOOD ECHOES 195

time been selling small amounts of marijuana to prison inmates. Carl
determined that if he could arrange a large marijuana sale, then Maddox
would be his, a prison official disastrously compromised, perhaps even
faced with imprisonment, a very perilous situation. 2

But to pull off a large buy, Carl needed money, and, as always, he
was broke. To get money, he drew none other than George Dungee,
now in failing health and increasingly dim-witted, into a poker game
and quickly won over a thousand dollars in IOUs, none of which
Dungee could pay. To satisfy the debt, Carl said that he would take
Dungee’s watch, and Dungee happily agreed.

The watch was now in hand, and valued at over a hundred and fifty
dollars. Carl, to avoid compromising himself, had Troy Gregg offer it
to Maddox as collateral for thirty dollars’ worth of marijuana. Maddox
agreed, and the deal was consummated a few days later.

Now fatally compromised, Maddox, over the next few days, supplied
Isaacs with a belt loop from his uniform pants along with a piece of his
uniform shirt which Carl cut, using a knife handed to him by Maddox.

Bill Maddox was now deeply involved in an escape plan from Death
Row. But he was not the only one. A prison trustee now working as a
barber, Willie Flynn, had also become involved. A member of the
motorcycle gang to which Timothy McCorquodale had belonged, he
began supplying Isaacs with an assortment of necessary items.

While the details involved in acquiring dyes to match the uniform
swatches supplied by Maddox went forward, so did the least technically
complicated element of the escape, the slow, tedious sawing through of
the bars along the cell block’s catwalk. It was a long, painfully slow
Process, requiring nearly four hours per bar, top and bottom. As the days
Passed, two bars each were sawed through in the respective cells of
Isaacs, Gregg, and Fitzgerald. Jarrell required three bars, however, while
McCorquodale, biggest of them all, demanded no less than four.

While the bars were still being sawed, two pairs of pajamas arrived
for McCorquodale. Since only Carl and Jarrell could sew, the other men
Continued with the bars, while Isaacs and Jarrell concentrated on mak-
‘Ng exact copies of correctional officer shirts. At various times during
this period, Carl would stop work to draw Maddox into long, lingering
Conversations at his cell, while Jarrell stood nearby, his eyes fixed on the
American flag insignia, Bureau of Corrections patch, nameplate, and

adge that adorned his uniform, all of which had to be duplicated as
Part of Isaacs’ escape plan.
Once the two men had gotten a clear enough fix on the uniform

ee BA) EASA. ERD BERS 8, Rr ee ta re eee SSO a PO oe Se eae mer = eS
Si A a an eh TRS AS: ee OWS Ne Oks Lotte edi ws SaaS 8

196 Thomas H. Cook

accessories, they started to work on reproducing them. Isaacs hand-
sewed several American flag insignia, secretly cutting squares from the
white institutional towels used throughout the prison, then carefully
painting in the flag using Magic Markers and ballpoint pens. The
borders of the towels served well as the borders of the patches, and were
also colored appropriately.

It took five days to make two patches, but when they were done,
along with the pajamas Carl now had a grand total of three complete
shirts and two patches, all of which he stuffed inside various pillows in
the cell block. Only a few days later, Flynn obviated the need to make
any further patches when he supplied six authentic flag and correctional
ofhcer patches to Isaacs and his men, all of them cleverly concealed
beneath the powder in a talcum powder box. Utterly delighted, Isaacs
and the other men, as Isaacs later wrote, “gave Willie a big hug and
voiced out deep appreciation.”

By early June, correctional officer badges had been made from card-
board, pieces of a soda can, blue paper, white oil paint, and a blue Magic
Marker. The only difhculty had been in making it look shiny, as the
actual badges did, a problem Carl corrected by wrapping them very
tightly in cellophane, which, as he told Ingram, “was easily obtained
from a cigarette pack.”

But other aspects of the break were going far too slowly for Carl’s rhe
own internal pace. The bars were still being sawed each night before ) 3
the 11:00 p.m. count, a time during which the sound of a nearby ~~

television served to conceal the noise. For Isaacs, the whole tedious
process was excruciatingly slow. —
Not one prone to patience, Isaacs acted. The solution was obvious:
He needed more blades. ;
To get them, he turned once again to Charles Postell, instructing him
to buy the blades in Reidsville and hand them over to Minnie and P. att
Hunter, McCorquodale’s mother and sister. According to Isaacs, P oste
also agreed to supply the escapees with guns, drugs (two hundred b

beauties, speed) and “‘a few hundred dollars,” all of which were te pee

placed in a car Minnie Hunter would leave in the prison parking
It was at this time, according to Isaacs, that the ulterior oa ne

had always suspected in Postell surfaced for the first time when,

a prison visit, Postell advised him that after the escape, Carl shout

low” until he, Postell, could get a “small cassette recorder and &™ ie al

BLOOD ECHOES 197

to Minnie.” There would be plenty of tapes, Postell told him, and “I
want you to turn it on as soon as you get in the car.’’ When the tapes
were full, they were to be mailed to Postell so that he could reconstruct
the escape in a book he would then write. .

In the last days of June 1980, final preparations were completed for
the escape, though not without a few hitches. Hacksaw blades mailed
to four of the escapees were intercepted in the prison mail room on June
25, and as a result strip searches were conducted on Isaacs and Troy
Gregg at 7:00 p.m. that evening. Finding nothing, five other cells were
shaken down while Isaacs and Gregg sat in their own cells, listening for
the first indication that any part of the escape plan had been uncovered.

It never came. During the entire process, despite the intercepted
hacksaw blades, no guard had bothered to examine the bars.

The following day, while the men in Cell Block D were laughing at
the fact that despite the shakedown, their plans had gone undetected,
Carl was told to report to the control office downstairs. Once there, he
was told that he had been charged with the illegal possession of instru-
ments of escape and a deadly weapon, the latter nothing more than a
pair of scissors. In response to these charges, Carl was taken to discipli-
nary court on June 25, found guilty of the offenses, and given fourteen
days in isolation and ninety days on restricted privileges.

On July 11, Carl was released from the hole and was told that ten
hacksaw blades were already en route to the prison, this time concealed
in the handle of a portable radio. .

The radio arrived on July 18, passed through prison inspection with-
out a blink, and within minutes of its receipt, Isaacs, Gregg, and the
others were busily sawing at the bottom bars of their cells.

Once the cell bars had been cut, Carl set about cutting the bars over
the window overlooking the prison fire escape. Beginning on the morn-
ing of July 19, he worked continually through the weekend, grabbing
whatever moments he could to saw, then concealing the saw marks with
4 concoction of bubble gum and cardboard which he had painted to
match the color of the bars.

More pajamas came on July 22, and Carl and Jarrell set to work
Making the last of the uniform shirts, while continuing to saw through
the various cell block bars in any remaining time.

On July 23, the bars on McCorquodale’s cell had been completely
‘awed through, and later that afternoon, Carl, using India ink and black
Magic Markers, dyed four pairs of shoes to match the institutional black
of the prison staff. That completed, Isaacs turned his talents to fashion-

200 Thomas H. Cook

Several months later, with Troy Gregg dead and the others behind
the gleaming white walls of the Great White Elephant in Reidsville
Ingram was leaving Isaacs to return for follow-up interviews with the
other escapees. “Got any message for them?” he asked Isaacs as he Tose
to leave.

Carl nodded. “‘Yeah,” he said with a cold smirk. “Tell ’em I'd like
to kick their asses for being out that long and not getting a piece and
wasting somebody.”

It was a grim and unrepentant message, as cruel, it seemed to Ingram,
as it was hopelessly beyond the most determined reaches of rehabilita-
tion. “I thought right then that Carl Isaacs would never rest easy in
prison,” Ingram remembered, “that this was not the last time he’d try

to escape, that as long as there was breath in him, he’d be scheming
to be free.”

He was right.

Chapter Twenty-six

n the weeks following the Death Row escape, Georgia authorities

brought a number of indictments against those individuals Carl had

named in the statement he prepared for Agent Ingram. By late
August, eleven had been charged, including Minnie Hunter, Timothy
McCorquodale’s aunt, who had been arrested for aiding in the escape.

By the end of that month, however, that charge had been reduced
to the lesser charge of “criminal attempt” to aid an escape, a felony for
which she could be sentenced to no more than two and a half years.

Far more striking was the indictment of Charles and Judi Postell for
the same crime. .

Arrested by GBI agents at their home in Sparks, Georgia, on
Wednesday, August 27, Postell and his wife were taken to the Coffee
County Jail in Douglas, then released on a five-thousand-dollar bond
later that evening.

According to the indictment, the Postells had visited Carl Isaacs on
June 18, at which time he had requested fifteen hacksaw blades to aid
in his planned escape. In response, the Postells had journeyed to Baxley,
Georgia, where Mrs. Postell had purchased ten such blades, all of which
she then turned over to Minnie Hunter, who’d mailed them in four
separate packages to Isaacs, McCorquodale, Johnson, and Gregg.

Postell admitted that he had received two phone calls from the
€scapees only a few hours after the escape, but added that he had twice
called authorities in Reidsville to report the escape.

As for his arrest, Mr. Postell told reporters that the charges were
utterly unsubstantiated, and that they had been made by the GBI in

198 Thomas H. Cook

ing the required six nightstick holders, for which he used pieces of
state-issued belts along with several lengths of coated electrical wire.

The following day, the pace moving inexorably faster as the ap-
pointed hour of the escape neared, Carl began making copies of the
metal nameplates that were pinned at the left breast of the uniform
shirts. Using nothing more complicated than cardboard, pieces of alu-
minum from a soda can, cellophane, and a black writing pen, Carl
constructed identical nameplates, inscribing them with the names,
among others, of his own boyhood heroes, Jesse and Frank James, and
Cole Younger.

Exhilarated by his own daring, Carl took a brief respite from work
to celebrate his cunning. He ordered Maddox to supply him with thirty

dollars’ worth of marijuana, then spent the rest of the day, as he wrote,
“just getting high.”

On July 25, a pair of headphones arrived for George Dungee. A
package of dark blue dye and a tube of Super Glue were concealed
inside. They were to be used for fashioning and securing the last of the
uniform insignia and nameplates.

Over the next three days the last of the preparations were completed,
down to the minutest detail of sewing stripes on the uniform pants.

On the afternoon of July 27, the day before the planned escape,
Minnie Hunter arrived to tell McCorquodale that everything was ready,

with one exception. According to Issacs, it appeared that Postell had

wavered at the last moment, never sending her any of the supplies he’d
promised Isaacs. There were no pills or guns, not even the cassette
player with which he was supposed to record this magnificent criminal
exploit. To Carl, it appeared that at the last moment, Postell had grown
faint of heart. .

But if Postell seemed to be withdrawing from the scheme, there was
plenty of good news to lift Carl’s spirits, and McCorquodale was the
bearer of it. The final critical element was now in place, McCorquodale
said; the getaway car had arrived. Another of McCorquodale’s relative
had left it in the parking lot, complete with six changes of clothes "

the truck and a full tank of gas. Minnie and Patti Hunter would be at ce
the prison the next morning, McCorquodale added, and they wo —

cause two diversions, one at 4:45 a.m. and another five minutes ts
McCorquodale further informed Isaacs that he had instruct
mother to call Postell and tell him to meet the escapees 1"

BLOOD ECHOES 199

Georgia, at 5:15 a.M., and to have the necessary supplies with him at
that time.

A few minutes later, all six of the men who planned to make a daring
escape from Death Row in only a few hours watched from a single
window on the fourth floor as Minnie and Patti Hunter made their way
to the employee parking lot. For the moment all looked well. Then,
suddenly, the men realized that the right front tire of the Plymouth,
their getaway car, was flat.

For an instant, a cold panic swept through the men who'd gathered
in triumph and camaraderie by the window. Then, just as suddenly,
their terror was relieved. Clearly, the women in the parking lot had also
noticed the flat tire. They were not leaving in their other car. While
Patti Hunter remained by the Plymouth, Minnie strolled across the
street to a barracks station of the Georgia State Patrol and disappeared
inside. Seconds later she reemerged, walked back across the street and
waited with Patti until, twenty minutes later, a brown and beige truck
arrived. The man inside got out, changed the tire on the Plymouth,
then drove out of the parking lot toward downtown Reidsville, the two
women following along behind him in the Cutlass they had brought to
whisk them away.

A few hours later, just after the 3:00 a.m. count, the last bar in the
window above the cell block fire escape was cut through. It was the final,
slender barrier between the men and their escape, and with it now
eliminated, Isaacs ordered the five others to begin drinking coffee so
that they would be wide awake early the next morning when the escape
would be carried out. “If someone fell asleep,” he wrote, “I made it
plain that they would be left behind.”

Thirty minutes later, as he lay in his cell excitedly awaiting the
moment only two hours away when the escape would be carried out,
Carl heard footsteps along the catwalk. Seconds later, a guard stopped
in front of his cell. “Pack up your stuff,” he said. “You're being trans-
ferred this morning.”

“T sat on my bed, too stunned to reply,’’ Carl wrote at the end of the
Narrative he later turned over to Agent Ingram, “my mind racing a
thousand miles a second.”

In the end, Isaacs opted not to rush the escape, but to take the
transfer obediently and let the others go without him. Quietly, he
Packed his things and headed down the cell block toward the waiting
Suard. On the way out, he shook each of his partner’s hands. “Go,

rother,” he told them, “make it good.”

Me CoRQ0OVALE, GEORGA, TF-2/-(9F7

hag

AWMEN,, in the course of their

duties, often come across in-

stances of man’s inhumanity to

man which leave them sickened. It must
seem to them that they are the only peo-
ple to feel any sympathy whatever for the
» . pitiful victims of such ravages. No sooner
|. do they clap the most monstrous killers in
jail than there arises a great clamor froma
| mall, but extremely loud-mouthed, con-
» tingent of bleeding-hearts that the poor
_ fellow is the victim of police persecution,
use, after all, he came from a broken

e or something and could hardly be
gin to end up as anything but a can-

~ _Infrequently, there is a victory for law
_. @alorcement, when a crime is so horrible,
%© repugnant to every human sensibility,
t even the highest branches of the
lary react with nausea and outrage.

a case was Georgia vs. Timothy
Wesley McCorguodale. On April 12,
1974, McC orquodale had been convicted
hrst degree murder by a Fulton Coun-

ty Jury and sentenced to die in the electric
ir, and this death sentence had been
comatically appealed. The door to the
€orgia Supreme Court was slammed in.
Hee rquodale’s face, and Justice Robert
w Jordan, in turning down the appeal,
"ag an opinion, to wit: “In no case we
€ Teviewed has the depravity of the
- endant and the torture of the victim
Ceeded that established by the

€nce and testimony of the witnesses
Ss Case.”

by RICHARD DEVON

Special Investigator for
OFFICIAL DETECTIVE STORIES

Detectives learned that Tim McCorquodaie
(below) had accused the slaying victim
of stealing money from a friend of his

2 From actual court records!- tt
Case-hardened probers who tracked down the killer |)
of 17-year-old Donna Marie Dixon were stunned
by his savage cruelty. Courtroom spectators were
sickened, and jurors turned ashen as they listened
to testimony describing in detail the

- Incredible Torture- |
7 Murder By A Southern
i] Sex Sadist!

The horror began on a cold Thursday
night in January of 1974. A detective of
the Clayton County Police Department...
riding back roads on the outskirts of .
mammoth Atlanta on routine patrol,
noticed something unusual’ on the
shoulder of Slate Road, just off Highway
42. The whitish object lay about 80 feet
north of a residential driveway, and
might well have been a filled garbage .
bag. He backed up his car to get a better
look. It was 9:30 p.m., January 17th.

Alighting from his car, the officer dis-
covered that his find was nothing so inno- _
cent as a sack of refuse. It was the body of
a young, shapely white girl, completely
nude. She obviously had been dead for
several hours.

The startled Clayton County lawman
immediately radioed headquarters for
assistance, and went back to the corpse.
He had been assured that detectives anda
crime scene search team would be sent
to the site immediately.

The girl couldn't have been more than
16 or 17, but she was quite well-
developed for one so young. She was
dark-haired and must have once been
very pretty. Now her face was a mass of
purplish contusions, and her nose
appeared to have been flattened by a
vicious blow. Huge bruises and raw
stripes marked her naked body, as if the
victim had been severely whipped. There
were small, circular bums, probably
from a cigarette butt, all around the girl’s
breasts and navel, and splashes of some

gy zit between nis hands.
er the bathroom where the badly in-
ee victim had gone was a small closet.
P. ‘enclosure had no door, but was cur-
es across the front. The sadistic Mc-
Pe dale had entered this closet, ap-
eh tly planning to garrotte the girl
behind when she emerged from the
Sroom: Nervously, he had moved ina
er antes to a position near the living
ter sofa. When the girl emerged from
Jf bathroom, he had leaped upon her
begun to choke her with the rope.
new, narrow cording cut his hands,
ding to the Longley woman’s state-
t, and he had dropped it and resorted
. choking her with his bare hands.
gt this point, the — caer ge! the
4 r of one certain she had tried to
Stet her civic duty, she had pointed
Leroy, who was looking on from
ese on the sofa, sao or ete oe
was killing the girl an at they had
Stier get Thi off her. She took one arm,
‘he killer’s mistress said, and Leroy had
ken the se = mer ve finally
him off the dying girl, whereupon
turned him loose.
At that point the victim had gone into
“gonvulsions, the statement continued,
' wed appeared to be coming back to life.
Gill tense with maniacal cruelty, the wiry
McCorquodale had thrown himself upon
fer again, straddled her body, and chok-
Sad her to death.
After completing ‘her: statement with
i what she knew about the disposal of the
“bedy, Margaret Longley accompanied
‘detectives to her apartment on Moreland
: e, where a thorough search was
Pmade to gather evidence in the shocking
>In the living room, technicians noticed
be green shag rug, with bloodstains still
Mowing here and there. They had taken
Moers just like those of the rug from the
piece of electrical tape found near the un-
Mentified corpse in Clayton County.
'-In a closet, where a trunk containing
Be victim’s body before its disposal was
“Mpposed to have been kept, investigators
‘fund bloodstained tiles. A ‘pair of sur-
fal scissors, reportedly those used to
eagle the — were lying in full
*®w on a utility table.
» Outside, the Longley woman directed
ts to the trash collection area, where
bey retrieved two large plastic bags and
3 to package evidence. Among the
“tents of these bags, meant for the city
TP, were: a silver chain with metal tag;
, “odstained towels and washcloths, as
) Well as bed linen; a woman’s bra and pan-
Prestlue jeans, belt and pullover shirt.
Phd was also a windbreaker-type
; and a pair of brown suede lace-up
3 ea Roaia, _ were carefully
and tagged.

‘ ed from the garbage bags were a
a ‘og candle, burned to about 4 inches
™ gth, and a washcloth with human
» “and blood on it; together with pieces

Among the more interesting things

Of DlaCK E1ECUICal LAE WAU tail AUC Lay,
to it.

There was a woman’s Timex watch in
one of the bags. It was smashed and had
stopped at 5:45, near the hour when the
Longley wornan had stated the two men
were winding up their bestial assault on
the victim.

Also in one of the bags was an address
book. It was hand-lettered in the front-

ispiece as being the property of Donna
Marie Dixon, the runaway from Newport
News, Virginia, whose parents would
soon arrive in Fulton County to identify
her body.

Upon finding this definitive evidence,
Atlanta detectives notified the Medical
Examiner's office that the woman in their
morgue would, for all future purposes, be
of concern to Fulton County rather than
Clayton, since it had been determined
that she was murdered in the city of
Atlanta.

Meeanwnite Investigators Pharr, Lan-
drum and Kabiski were getting the facts
from McCorquodale, who had agreed to
sign a waiver of his rights to counsel and
make a written statement. His account

* began much as had that of his girlfriend,
but he said it had been his intention to
release the girl after the torture assault.
That was why he had let her go to the
bathroom to clean up, he stated, but she
had begun to holler and scream about
getting the police, and he had grabbed

. her by the throat to choke her. The next
thing he knew, the accused declared, the
others were telling him she was dead.

McCorquodale went into detail about
his disposal of the body. As soon as he'd.
learned that his violent actions had killed
the victim, the suspect said he called for
his girlfriend to bring him a trunk, and she
had brought a small cardboard trunk
from the closet and emptied it of its con-"
tents... a little girl’s clothing. He had then
tried to put the naked corpse into the
trunk, but it would not fit, so he had
broken both the victim’s arms and both
her legs in order to fit her in, which was
finally accomplished. Then the trunk was
stowed in the closet.

The next day, when it had come time
for the Longley woman to go to work, the
two had taken a bus to The Strip area, and
McCorquodale had set off to find-

- someone with a van or car who could help

him move the trunk. He refused to say
who the man was he finally found to help
him, but insisted this accomplice did not
know what was in the trunk until it came
time to dump it.

He had instructed his friend to drive
around to some desolate area. The trunk
was on the back seat of the car and, when
they found a road which appeared
deserted enough, he had told the driver to
stop and help him with the trunk. When it
was dumped, the subject insisted, the
other man learned for the first time what
he had been hauling around. The body he

Ma ACA AACA UIE L4UEAUWAY, AAC Usm

quodale told detectives, “so that it would
be found.”
While the accused man talked, detec-
tives looked him over closely. There
appeared to be blood on his Levis, on his — :
socks, and on a ring he was wearing.
Relieving him of these items, they sent

them to the crime lab to be tested.

_ According to the information McCor-
quodale gave Atlanta lawmen, he was 21
years old, unmarried, and hailed from the
tiny town of Alma, Georgia. His parents
were divorced and, until he had left
home, he had lived with his father.-Try
though they might, detectives were un-
able to uncover anything in the man’s
background which could explain the
bestial cruelty of the crime with which he
would be charged. That would be a task _
for psychiatrists.
Also, they were unable to discover the ~
last name of the subject “Leroy,” who had
joined in the murder of Donna Marie Dix-
on for the alleged reason that she had
taken $50 from‘him. None of the
witnesses knew what the man’s last name
was, which is not particularly unusual
among that class of people, and nobody
could be found along The Strip who —
could identify him. From mformation
received during the course of the in-
vestigation, authorities believe the man
left Atlanta directly after the murder. He
has never been found and police, with the
little information they have, are still look- ©
ing. for him.
While the taking of photographs and -:
other technical procedures were going,
forward, detectives had an opportunity.

to question the other female occupant of * | .

the Longley apartment, Sally Vincent,
hugely pregnant.

She had witnessed most of the sadistic. ©”

assault along with Margaret Longley, the -
woman admitted, but had gone back into -
a rear bedroom with the Longley
woman’s little girl when she became
nauseated at the cruelties inflicted on
Donna Dixon. There she had tried to”

soothe the child, who had been awakened ~* =

by the sound of the victim’s moans which ©

even the washcloth gag could not com- -

pletely still, by telling her that “Mommy
and Wes are trying to fix the kitty-cat'’s -
leg,” and that she must go to sleep so that —
the “kitty-cat” could get well.

Detectives could scarcely believe what
they were hearing. This was a murder:
case where the witnesses, with their pious
comments, were very nearly as repulsive
as the murderers.

She had had heard McCorquodale
breaking the girl’s arms and legs, the Vin-
cent woman said. And then when asked to
describe the sound, she said it was like
you had taken a big stick and jumped on
it, a cracking sound.

After the murder, she had tried to help ©
clean the place up, but she was squeamish
about the sight of blood. She added that
the corpse in the closet had given the
apartment a bad odor, and she had spent

reddish substance, which appeared to be wax, marked her
stomach and inner thighs. All this the lawman could see with his
powerful light, but the searching probes of medical examiners
§ would turn up horrors that would make these seem mere child’s
play. As it was, it was obvious to the officer that the pretty girl on
the road’s shoulder was the victim of a fiendish sex-murder.

Beside the body was a large piece of cardboard, stained with
blood. Adhering to the paperboard was a piece of black tape
with fibers stuck to it which might have come from a rug or some
sort of wool fabric. The officer packaged that for the laboratory
and continued to search the immediate area. A tire print showed
plainly on the road shoulder near the corpse, and that had to be
protected until a cast could be made.

As he worked on, the approaching sirens of other lawmen
could be heard in the cold, still air.
Technical officers began to work at once, and a medical ex-
aminer looked over the body before removing it from the scene.

SS SS aa a aE Se a a
>

“...her face was a mass of
purplish contusions, and her nose
appeared to have been flattened
by a vicious blow. Huge bruises
and raw stripes marked her nak-
ed body, as if the victim had been
viciously flogged...”’

aon tetas

» mee ai -_— ss
rr ve ae 4 wi . -
TT NRE SA ee eB ace AN Ss St a
oe x I

He noticed, and remarked to Clayton County detectives, that the
victim’s nipples appeared to be badly mutilated; they were
. withered and shrunken in some way he didn’t quite understand.

There was some sort of black powder on the victim’s nude
body, too, which might or might not be cigarette ash. The victim
had so many injuries, in fact, that he would hesitate to give any
‘opinion as to a cause of death until a full autopsy could be per-
formed

The corpse lay in a flung position on its side, much like a
broken doll. Arms and legs were bent in completely unnatural
positions.’ There was a good reason for this. The medical ex-
aminer informed detectives it was his opinion that both the girl's
arms, and both her legs, had been broken. He had no idea what
could have caused such dreadful injuries, short of a cg from a
great height or trom a speeding vehicle.

The broken body of the young girl was lifted onto a ‘ijeichat
and taken tp a local hospital, where she was formally pronounced
dead on arrival, for the record, then conveyed to a morgue in
Fulton County which is used by several of the counties surroun-
ding Atlanta. Fulton County Medical Examiner Dr. Robert
Stivers performed the autopsy, details of which were some time
in coming.

Meanwhile, detectives at the body site continued to search for
some clue to the victim’s identity. There had been no jewelry on

TTR AOR.

! roadway was searched, and local residents closely questioned,
without result.

On the strength of the fact that many Atlanta criminals use the
suburban roads and woods of Clayton County to rid themselves
»f evidence in crimes committed in Atlanta, the police depart-
nent in that city was requested to assist Clayton County in iden-
tifying the sex murder victim. By Saturday morning, January
‘i 19th, neither law enforcement agency had been successful.

i 22

the corpse, and not a shred of clothing. The entire area along the . -

| Modern Atlanta does not look much like the little railroad city .

in “Gone ‘With the Wind.” A thousand towering }

centered by the gold-plated dome of Georgia's = ee

building, stand where once matched carriage eal: re

shaded hitching rails. The bedroom wings of the towp

spread into three adjoining counties, and that has
problems. _

From all over the country, hippies, motorcycle hou
runaways and a wide variety of hustlers have flocked

drawn by its easygoing style and mild climate. There p oral

isn’t a place in the country where it is easier to live witha tH

ing. In an area known as The Strip, a region of cheap aps
and sleazy bars and dancehalls, it is nearly impossible to:

the streets for the clusters of the unwashed and non-wos
most of them young, and most of them looking for a ctin

handout. Literally thousands of runaway teenagers find a

among the dubious denizens of The Strip, and it was thet! ws
of Atlanta detectives that the pretty girl victim might have¢

from among their number.
While they continued to search for something, or some
help them pin a name tag on the victim, the results of Dr,
preliminary autopsy were released. x
“Essentially, she was tortured to death,” he toldlawm
elbows and knees were broken at 45 degree angles, ind
use of terrific force. She choked on her own vomit,
from the tortures.”
The victim had been five-feet, four-inches tall and hé
ed a voluptuous 137 pounds, according to the medical m
had naturally dark hair, which appeared to have been ¢
off without regard to any sort of styling, and large hazel
had been dead for 24 hours or less when found. .
Injuries to the girl's body appeared to have been the’

ravening sex maniac. She had been beaten with frenzied fer
lashed with some sort of whip, cere a belt. The ipp
nearly bitten off

her ample breasts had been slashed an
salt had been poured into these wounds to increase
agony! ;
Cigarette burns ringed her breasts and navel an
inner thighs. Hot wax had been spilled over her pubic
and external genitals!
‘She had been raped or molested vaginally and
well as having apparently been subjected to ~~

««...Cigarette burns ringed
breasts and navel and marred hi y
inner thighs. Hot wax had bee
spilled over her pubic hair, thigt
and external genitals...”". = |

sometime before her death. Her external genitals
mutilated with some sort of blade. And as a sort’
afterthought on the part of her sadistic killer, she’

strangled. Whether her arms and legs had been broker ef

after her death was hard to say.
On Saturday, January 19th, the Atlanta Police Di

received information that Sheriff Earl Lee, of nearby D
County, had a lead on the baffling mutilation murder, 9
Lee had been told by a reliable informant that the uniden
young woman found in Clayton County had been m urdem

an apartment in the south-eastern section of Atlanta.
mant, whose name Sheriff Lee had promised to keep
tial, also furnished the first names of two subjects who

Posed to have been present at the time of the victim’ st a

gab ject Ww

- white an

1
Ras.

» descript
anywher

body at
© from the
a horror, s
> beaten 1

: tontacte
| daughte

a months
| from he
E descript
daughte
) Atlanta
~ break ¢]
© freed,

r wa:

As a
ad We
Atlanta S
Detectiv:
While:
The Strij
“Maggie
the mur
young CO
tified mt
Accor¢
Atlanta s
compan)

tearful r

Arran;

Arme.

Donn:

Fulton

th the Wind.” A thousand #4
he gold-plated dome of Geos
H where once matched Carriage}
g rails. The bedroom wings.

bree ining counties, and ‘¢

»man, known to the tipster only as“M aggie;” the
named “Wes,” or “West;” both subjects, young,
to frequent The Strip area.
Sheriff Lee’s information, a special homcide
y put together to probe the slaying. Headed by
H. F. Pharr, this squad also included homicide
Scabiski and C. E. Landrum.
int Pharr’s team went from bar to sleazy bar along
ing for someone who could give them a line on
es,” or any information leading to the identity of
irl, a uniformed officer was approached by a
tho said they thought they knew who the uniden-
ictim was.
the girl member of the pair, she had hitchhiked to
eeks before from Newport News, Virginia, in
17-year-old girlfriend, Donna Marie Dixon. The

€r tne country, hippies, mo
a wide variety of hustlers have]
pasygoing style and mild clima
He Country where it is easier 0;

own as The Strip, a region of
and dancehalls, it is nearly imp
the clusters of the unwashed ¢
oung, and most of them lookin
ly thousands of runaway teen
ous denizens of The Strip, and)
tives that the pretty girl victim
pir number. ry 4
tinued to search for somethi
name tag on the victim, the re
psy were released. 4

€ was tortured to death,” he
s were broken at 45 degree ang
rce. She choked on her o ni

roughout these monstrous
es, the witness and another
n, the latter in advanced
hancy, had looked on
t doing anything to help
tiful girl. In the next room,
'to sleep, was a 3-year-old

l been five-feet, four-inches |
137 pounds, according to the}

hair, which appeared to h
@ to any sort of styling, and la
br 24 hours or less when fou
irl's body appeared to have
aC. age ~ been beaten wit h
sort of whip, probably a be
s had been fiskot at ear
red into these wounds to ing

mo
x

ring er breasts and nz i.

~ had been spilled over he he victim matched that of her friend exactly, the

y confided, and she had been unable to find her

raped or molested va ging

ne hk were quickly made to have the witness view the
parently been subjected te > cf

-ounty morgue. When the sheet was drawn back
's battered face, the Virginia girl drew back in
» I think that’s her, but it’s hard to be sure, she’s so

| ME information from the runaway, Atlanta detectives
rette burns in: lily in N ewport News about their 17-year-old

d navel and mam.
ghs. Hot wax h
er her pubic hai

nal genitals...”

Dixon had indeed run away from home some
her stepfather told police, and they had not heard
me time. According to details of the physical
» George corpse might well be that of his wife’s
id, and they would make arrangements to come to

the body. He asked Atlanta lawmen to let him
B to his wife, since her health was delicate. They
bmished him with the telephone number of the
Medical Examiner. to make necessary

death. Her external’
e sort of blade. And ;
part of her sadistic kil
er arms and legs had beef
hard to say. 4
lary 19th, the Atlanta Pf
| that Sheriff Earl Lee, of
on the baffling mutilatios
ya ope informant thal
in Cle~ton County had
outh = em section of Alljme | ™urder had allegedly taken place.
erif, —.. had promised { adh he Strip it is not unusual for most of the hustlers
first names of two subjet * *ave more information regarding crimes than
esent at the time of the Papers or the police. The man they were looking
| “ad ant said, was Wes McCorquodale, a baby-faced,

Detectives Scabiski and Landrum had hit paydirt
ttacheap nightclub, where the only entertainment
Hne naked bosoms of topless waitresses jiggle by,
“overed an old acquaintance, a man who could
Med on to come up with good information. By a lit-
and elimination of various “Maggies” who were
‘ycarched for, the investigators came up with the
both subjects being sought, and the general location
ton Moreland Avenue, in southeastern Atlanta,

ag
nt

slightly-built young man with stringy blond hair. McCorquodale
had been seen around that area just a little earlier, the informant
said, calling on several others in the club to back up this observa-
tion. Together, the witnesses added details of McCorquodale’s
appearance and clothing such as would make him easy to
recognize if he was still on the street in that area. Re

Only a few minutes after emerging from the bar, investigators
had the good luck to spot a man perfectly matching the suspect's
description walking toward them on the street. They ap-
proached, identified themselves, and asked the poker-faced sub-
ject if he would accompany them to headquarters for a little talk.
He agreed.

At Atlanta Police Headquarters, Sergeant Pharr, with Detec-
tives Kabiski and Landrum, began to question the man, who
identified himself by the cumbersome name of Timothy Wesley
McCorquodale, and said he was generally known as “Wes,”
although his girlfriend called him Timothy. ~

With their first few questions, police learned that “Maggie,”
the woman supposed to have been a witness to.the actual
murder, was actually Margaret Longley, with whom McCor-
quodale lived in an apartment in the 700 block of Moreland
Avenue, not far from the downtown area. He supplied the ad-

‘dress of her place of employment, and officers were dispatched
_to pick her up and bring her to headquarters for questioning.

Almost as soon as Margaret Longley entered the police station,
she agreed to make a full statement regarding the torture murder
of a girl she knew as “Donna,”a teenaged hanger-on of The Strip
area, on January 17, 1974. This statement, with its incredible -
acceptance of the most bestial brutalities combined witha petty,
mincing fastidiousness, must be one of the most sickening
documents ever to be recorded by any police department
anywhere.

AL LS

“*...He had then tried to put the
naked corpse into the trunk, but it
would not fit, so he had broken :
both the victim’s arms and both,
legs in order to fit her in...”

According to Maggie Longley’s statement, she had gotten off
work in the wee hours of Thursday, January 17th, and had gone:
from the tawdry barroom where she worked to another local
nightspot. There she had met McCorquodale, who lived in her
apartment with her, her three-year-old child and a woman
friend. With McCorquodale at the time was the buxom, dark-
haired Donna, who was trying to defend herself verbally against
accusations of theft made by McCorquodale. Her boyfriend had
told her, Maggie went on, that this Donna had taken $50 from a
friend of his, a man nobody ever seemed to know by any name
other than “Leroy.” :

Maggie Longley went on to relate how she had tried to calm
down the furious little man, and how she had taken the girl
known as Donna into the bar’s ladies room and performed a
body search to determine if she had the money in question on her
person. She didn’t, and Maggie said she reported this fact to Mc-
Corquodale, who was not in the least mollified. He had then in-
sisted. that if the girl didn’t have the money on her, then she had
given it to a black man with whom he had seen her in conversa-
tion. It was obvious to the Longley woman that the gir!’s social
concourse with a black had infuriated (Continued on page 54)

/
vacn LU Alssimmee. Additional Zuards a report. ‘Shocked citizens and Civic her feet, the witness contin 4 here
were placed on Shelley at the hospital organizations offered a $5 000 reward for her into the middle of the floor ted the ba
n March 13th, Shelley had the arrest of the murderer. It seemed a off her shirt. Then he called f, ; Neat ot
recovered enough to be transferred to the ruitless gesture, however There were no Stocking to tie her hands F jored ee Bee
Osceo Ounty jail. Because of his witnesses. no motive, no leads, and no ongley woman said she broug r } This enc ase
~Fecord of escape, he was transferred back suspects. He had begun to Strike the girl | ined ae h
Raiford Penitentiary and held in max- The violence then. reached into belt, first with the leather end # oor é ace
@: security until just Prior to his tria] sparsely populated Seminole Coun e e buckle. The man known ag“ rent fe ae
te. a Juring the last week of August thehomes _ had also slapped the helpless gir] ; from be n. Ne
Shelley and Schmidt were each charg- of two deputy sheriffs were fire-bombed. while McCorquodale sh a aie ites {
€d with six counts of assault to murder a A third officer narrowly escaped a flam- would give her a lesson aboy : few ae W)
police officer, possession of burglary ing death when a Molotov cocktail was money to black pimps” and “stay; geet
tools, grand larceny, possession of stolen tossed into his cruiser by someone in a er own kind.” — a : un to
Property and two counts of firing into an speeding car. Sometime in the inning of and — ee
occupied vehicle. On November 2nd, in the tiny town of ture session, the vic ' The ee to tl
Each man was held in lieu of $27,500 Altemonte § prings, in the same county, a with a washcloth, ae ts heh
bond and the federal marshal’s office in spunky bag boy, 17-year-old Mike Ison, mouth by electrical ae ane her
lami lodged detainers against each man sneaked out of a newA& PS upermarket, several times ar. . oe is point
With bonds of $68,000 asked in both ran toa nearby bank, and reported that As the tale of violence ‘es ie om
charges. the store was being robbed. the witness’ mouth, eats eee
On May 8th Shelley was returned to Three officers responded to the call leamed that McCo eae
issimmee for trial, and that night he and when Lieutenant S teve Garber shadowy Leroy had th put aa on the
made another desperate bid for freedom. challenged one of the robbers he was shot breasts and thighs with cj : his “killing th
Around 9:30 at night the jailer heard “saw- twice in the chest. His partner, Sergeant had obtained a candle - whi h th ge
ing noises” coming from Shelley’s cel] and om:

found the inmate busily Sawing a

<iller’s mis
way at a man, later identified as Charles Hobbs, genitals. eee oth
the bars with a hacksaw blade. with five bullets from his .357 Magnum After the h Mcf tt Hen hin oft
. Sergeant Jim Watford of the sheriff S revolver. quodale, in a Perfect f ury of sadis mn "
Department searched Shelley’s cel] and i

The statistics are horrify ing, however.

To repeat: Ina 10-month Period, a total of just above shoul
’s shoes. Razor blades, 98 Florida police officers were shot in the i

they turned hir
At that point
convulsions, tl

accomplice : and appeared {

line of duty. Eight of them died. enough for the vic Gillie se cae

in magazines and inside a toothpaste A spokesman for Task Force Inter- On one of them whil McCorqucdale

tube. national, with headquarters in Still not: satisfi oF oher again stad

A watchful eye was kept on Shelley Gainesville, F lorida, summed up the. and Continued ed her to death

utter that, and on June 8th, 1974 he and frightening situation succinctly: Hardened lawmen, i f= After compl

schmidt were Convicted by a six man “We spend - weeks or months— __ horrible litany of sadistic depravity, 00k: What she knew

UY. abeircuit Court Judge Roger A. sometimes years to make a case. When ed at one another with incredulity : | body, Margare
ar; ntenced each man to life im- we finally arrest the guy he will probably :

risonment on June 11th

the witness went on, more or less (
th. atthe rap ona technicality. If he 0es to to relate other atrocities,
wave of violence against Florida jail he is released early because the . _ After the
inued. Policemen prisons are overcrowded.

® detectives to he
™@ Avene, where

made to gather

Crime.

ere gunned down in Miami, Tampa, “My files show that every man who In the living r

ort Lauderdale, Orlando and Daytona as Deen apprehended after attempting the green shag 1

ach. noe to murder a police officer in Florida in the showing here ar
On August llth, a DelRay Beach of- last year has a prior record. fibers just like t

er Was killed in what amounted to an “Bitter? Hell, yes, we're bitter. We're

piece of electric:
identified corps
narsn ig In a closet, w

ioIok I i d i ; the victim’s bod

ae vagina and emptied ; ; {upposed to have
organs. found bloodstai

ical scissors, re
mutilate the vic

‘ ginning to wonder what are we dying
by a bullet fired into his head at f

inc related, McCorquodale had bro
ree eas the scissors again and mutilated the View on a utility
genitals. . Outside, the L
‘Orquodale beyond all reason. McCorquodale continued to question the
le“ next thing sne Knew, the witness

: officers to the tra
now-terrified girl about the money. He monstrous tortures itnes ey retrieved tw
McCorquodale motioned to her to had moved over next to the girl on the the other woman, in ad
’ outside the club, and she had gone sofa

1c "Ban to packag
and had appeared to be softening in Pregnancy, had look i Contents of these
) find a taxicab Waiting for them. In his approach to her, stroking her hair, tell- i

UND, Were: a sil
ab was the girl McCorquodale had ing her that she was a

oodstained toy
ed of theft, and the “Leroy” from she had pretty hair. Suddenly, in the old child.

Well as bed linen:
a the had reportedly been midst of this Seeming gentleness, McCor- - After the atroci ites. hes, blue jeans,
- This unlikely foursome had gone = quodale had drawn back his fist and There was als
> Longley apartment, where the smashed the defe lacket and a pair
female occupant of the apartment

shoes, All these
e Longley woman's small daughter bagged and tagg

Among the n
retrieved from tl
insisted she had no idea how far his a piece of rope. ted wax candle, t
inside the apartment, the witness Violence would go. length of new ae
n, they had all sat around while

ength, and a

4Ir and blood or

McKETHAN, Jesse Rey wh

ite, electrocuted Georgia (Chatham County) on August 25

STARTLING DETECTIVE MAGAZINE, FEB., 19)

Z jo

i= a

PAPER BAG RIDDLE

By John S. Thorp

NLY once, so far as Roger
Coursey could remem-
ber, had his bird dog

acted so strangely. It was during the
previous fall, when the animal had
bolted and run from the body of a
drowning victim it had uncovered in
a marsh,

Now the dog was behaving that
way again. Coursey felt a -sudden
chill of apprehension but he shrugged
it off. After all, it was hardly likely
there’d be a body in that lot opposite
his home, in the 1300 block of
East Thirty-eighth Street, Savannah,
Ga. :
It was his daily custom to walk the
dog before 9 a. m., when’ Coursey
started for work. On this day, Oc-
tober 15, 1945, he was following his
routine when the animal jumped back
and shied away from a clump of dense

brush.

Remembering the previous inci- .

dent, Coursey plunged into the under-
growth—and found it! There wasn’t
an entire corpse—just a human leg
crudely hacked off at the thigh.

Police Chief W. H. Hall, Chief of
Detectives John C. McCarthy, Detec-
tive E. A. (Ed) Fitzgerald and Act-
ing Coroner Emerson Ham responded
to Coursey’s phone call. Dr. Ham
examined the limb closely, deciding it
had come from a thickset man 25 to 35
years old, 180 pounds, with brown
hair. He estimated the amputation
had occurred a week to ten days be-
fore, but there were no scars on the
leg to explain its removal by surgery.

“Could a doctor or a medical stu-
dent have done it?” McCarthy de-
manded. .

In various sec
of a corpse.
shallow depre

tions of Savannah’s Daffin Park, the investigators dug up parts
The murderer had buried his dismembered victim in scattered
ssions, after wrapping each portion of the body individually.

STARTLING

head oleate ee eT eT

eee ee a i hun eine ae ee

dodisanived

eeleen Tit

eer eee

Ham shook his head. “I'd hate to
think so. It’s a pretty crude job.
Some rough-edged knife was used,
and the cut was made at an angle.
The bone was sawed practically all
the way through, then it snapped off,
probably from its own weight.”

“Well, we’ve got to check the hos-
pitals anyway,” the police chief told
the head of his detective bureau.
“They'll have records of amputations
within the past ten days. They’d also
know if a leg was stolen from some
laboratory. I’ll go back to headquar-
ters and start the phones going.”
.°That’s one way of finding out
what we've got here,’ McCarthy
agreed. “Another is to explore this
lot for more of the body. I’m sending
for a crew to cut down this brush.”

At his instructions, Fitzgerald
phoned the park department from a
house across the street.

By this time a fair-sized crowd had
collected, but no one could tell the
police anything about the gruesome
find. Coursey recounted the details
of his discovery and the officers were
satisfied he was holding nothing back.

Dr. Ham took the leg to the morgue
as a matter of procedure, though he
informed the police officers that he

The finding of a human leg hacked off
at the thigh led to the solving of the
disappearance of young Luther Aids.

DETECTIVE

Detective E. A. (Ed) Fitzgerald, left, and his chief, John C. Mc-
Carthy, found the answer to the riddle of the paper bags.

expected to learn little more from a
further examination of it.

“However, I could be wrong about
the age of the dead man,” he said.
“An inspection of the bones will tell
this more definitely. Ill let you
know.”

As Ham and Hall left, McCarthy,
Fitzgerald and some other detectives,
while waiting for the park employes
to arrive with scythes, walked about
the lot, peering into the brush and
high grass at various points. They
discovered nothing.

At headquarters, Chief Hall set
some men to telephoning. Within an

_ hour they had called every hospital

in Savannah and a number in adjoin-
ing localities, but the answer was
always the same. There was no possi-
bility that an amputated limb could

have been taken away. It would have,

been cremated.

“Then we could be up against a
difficult murder case,” Hall said, ‘and
the victim might be someone who is
missing a week or more.”

He quickly ordered a check of the
missing persons file, and this turned
up three men who had been reported
by their families as having disap-
peared.

This thin-faced man is held by police in
the hatchet killing of Aids, handsome
and popular Savannah, Ga., youth.

Hall was looking for a victim be-
tween 25 and 35 who weighed 180
pounds and had brown hair. Two of
the missing men weren’t heavy
enough by 30 to 40 pounds, and the
third was about the right weight but
somewhat younger. However, this
missing man was the only one of the
three with brown hair.

Meanwhile, the park department
crew was busy cutting down the
brush and high grass at the East
Thirty-eighth Street lot. McCarthy
and Fitzgerald carefully supervised
the work, making certain that no
evidence adhered to the brush and
grass being carted to trucks for dis-
posal.

For the better part of two hours
they kept diligent watch without un-
covering anything that might be a
clue. Then they combed two crumpled
wads of paper out of a pile of cut

weeds. Smoothed out, they proved to

be bags of strong paper and both were
stained brown with what McCarthy
and Fitzgerald thought might be
blood. Could the human leg have been
carried to the lot wrapped in them?

The officers had no way of know-
ing, but when the park crew had com-
pleted their job and nothing else was
turned up, they took the bags down to
headquarters.

Chief Hall studied them and rang
for the police chemist. Asking an ex-
amination of the stains, he told the
officer about the leg. “If it’s blood on
those bags,” Hall said, “I want to
know how it types up with blood from
that limb. Give me a quick report.”

As McCarthy and Fitzgerald sank
into chairs, Hall sketched his activi-
ties during the afternoon, revealing
that he had drawn blanks in connec-
tion with the hospital amputations
and missing persons.

The detective chief reached over,
took the three missing persons cards
from Hall’s desk, and studied them.

“Except for the age,” he said, indi-
cating card No. 3, “this young fellow
would be just about right. But re-
member what Ham told us about the
age? The bones of that leg could

[Continued on page 52]

fae

the detectives the names of two young
women with whom the youth was seen
most frequently—Mary Roberts and
Grace Smith. Which one Aids: had in-
tended to meet on the night he disap-
peared, the rink manager wasn’t sure.

“But it might have been the Roberts
girl,” he said. “She lives over in Oreole
and usually comes in on Monday nights.”

The detectives called on the Smith
girl first, since her home was on Savan-
nah’s North Side not far from the rink.
She told them Aids hadn’t dated her in
several weeks and she had no boy friend
who might have been jealous of the miss-
ing youth.

Eliminating her, McCarthy and Fitz-
gerald drove to Oreole, a small town
situated just northwest of Savannah.
After a few inquiries, they succeeded in
locating Mary Roberts.

Apparently anticipating the reason for
their visit, she asked: “Is it about Luther
Aids? Is anything wrong?”

McCarthy and Fitzgerald exchanged
glances. Did the girl’s queries indicate
she knew something about the missing
youth?

But Mary Roberts, in response to Mc-
Carthy’s query, merely shook her head.

“Luther was supposed to meet me at
the roller rink a week ago, but I couldn't
get there,” she said. “Finally he reached
me by phone and we made a date for
Wednesday. He didn’t show up then.
I haven’t seen or heard from him since.”

The detective chief quickly noted that
this statement didn’t jibe with Jesse Mc-
Kethan’s. The youth had said Aids left
the Gold Star Ranch that night to meet
a girl. McCarthy wondered about this
discrepancy.

He also wondered why Mary Roberts
feared for Luther Aids. When he put
the question to the girl, she shrugged.

“No particular reason,” came her reply.
“Since I hadn’t seen him, I figured some-
thing might be wrong.”

MisSskiay didn’t tell the girl how
right she probably was. Instead he
asked her the name of Luther Aids’ rival,
of whom «Jesse McKethan had spoken.

“IT guess you mean John Moore,” she
replied. “He and Luther were always
quarreling over me, but they never came
to blows.”

Quite voluntarily, the girl added that
she hadn’t seen Moore in several days.

McCarthy grasped the signficance of
this and asked for the rival’s address,
which was in Oreole, not far from where
she lived. ,

The detective chief and Fitzgerald
drove over to Moore’s home. A relative
told them why Mary Roberts hadn’t seen
the youth recently.

“John went over to Augusta last week
to see a friend about a job,” she said.
“He was 4-F in the draft and a place
where he was working in Savannah shut
down. He hasn’t been back since.”

The youth, who was driving the family
car, should have returned or sent some
word, she admitted, but nothing had been
heard from him.

When McCarthy asked what day
Moore left, the relative said it was Mon-
day, October 8. “I remember it dis-
tinctly,” she added, “because John was
out late the night before, roller skating
over in Savannah.”

As the detectives hurried away from
the Moore residence, McCarthy told Fitz-
gerald: “Now we're getting somewhere.
This Moore might have fought with Aids
over the girl and killed him.”

Squirting Henry Home

a Ee not always in just catching a>
criminal that a law officer has to be
on his toes,” Bert Thompson used to say.
“Sometimes it’s figuring what to do with
the guy after he’s caught.”

Bert Thompson knew what he was
talking about. Until his death not long
ago at a venerable age, he was sheriff of
Middlesex County, Conn., for almost 40
years.

Illustrative of Sheriff Thompson’s
favorite theme was his first murder case.
Around noontime, July 6, 1906, a neigh-
bor heard a dog barking frantically in
the home of George Goodale, a widower
who lived alone except for a recently
employed hired man on the outskirts of
Middletown, the county seat of Mid-
dlesex. Investigating, the neighbor found
Goodale dead, his skull bashed in. He
notified the authorities at once.

Sheriff Thompson and Police Chief
Archibald Inglis learned that $750 was
missing from the dead man’s strong box.
Missing, too, was Goodale’s horse and.
buggy and the hired man, Henry Bailey.

“Why, I know Bailey,” the sheriff told
Inglis. ‘They call him ‘Mumps’ over in
Durham, where he’s from, because his
jaws puff out. A year ago he got six
months for stealing a buffalo robe.”

Two days later, the officers found the
horse and buggy in a woods outside
Meriden, more than 20 miles away. At
the Meriden railroad station, the agent
remembered that a man with puffed-out
jaws had bought-a ticket to Springfield,
Mass., on the night of the 6th. From this
point on, Sheriff Thompson traced the
fugitive across New York State to Buf-
falo, Niagara Falls, through Canadian
customs and then to St. Catharines,
Ontario, where Bailey knew some people.
At a bank, Bailey had exchanged $700
American money for Canadian currency.

With a provincial officer, Thompson
went to the house where Bailey was stay-
ing and made the arrest. Soon afterward,
at St. Catharines’ police headquarters,
the prisoner confessed. “I killed Goodale
with an axe,” he said brazenly, “but
you're going to have one tough time
dragging me back to Connecticut to stand
trial.”

Thompson lodged Bailey in the jail at
Niagara Falls, Canadian side. Legally,
he was prevented from carrying him over
the International Bridge without either
authorization from the governor general
of Canada or a’ waiver signed by the
prisoner. It irked the sheriff to realize
that unless he could talk Bailey into
signing the waiver, lengthy, involved and
costly extradition processes would have
to be set in motion.

“Be reasonable, Mumps,” Thompson
pleaded with his prisoner through the
bars. “You know you'd be much more
comfortable and feel more at home in the
Middlesex jail,”

’

“Don’t be funny,” Bailey snorted. “I’d
like it better here if the dump was so
dark I couldn’t see, so crowded I couldn’t
budge—even if rats and cockroaches were
running all over.”

As it was, the Canadian jail was spot-
less, but something in what Bailey said
gave tht sheriff an idea. He hunted up
the jailer. A short while later, the two
appeared in the corridor outside Bailey’s
cell. “It’s an insult to the American
flag,” Thompson stormed in mock rage.
“Rats as big as rabbits and cockroaches
with fangs like rattlesnakes—I saw them
myselt, right under my prisoner’s bunk.
You have got to clean this place up, I’m
responsible for this fellow’s welfare.”

Keeping a sober face, the jailer prom-
ised action, while Bailey looked through
the bars bewildered. The jailer blew a
whistle and trusties came running with
every conceivable extermination device.
Shortly, Bailey’s cell was dense with a
fog of insecticides. It constricted his
breathing, brought tears to his eyes and
stank incredibly.

“Let me out of here!” Bailey gasped.

“Sorry, it’s against the rules,” the jailer
replied firmly, at the same time urging
his crew to greater effort.

HE next morning, Sheriff Thompson
again peered through the bars at
Bailey. The murderer was lying shud-
dering on his bunk, his eyes red, his

‘breathing heavy.

“Ready to go back to the States now,
Mumps?” Thompson asked cheerily. “All
you have to do is put your name to this
paper.”

“No!” Bailey growled, but the sheriff

- didn’t seem to be listening. Instead, he

was bent over, staring hard at the floor
of the cell.

“Really,” he muttered, “I wouldn’t be-
lieve it if I didn’t see ’em with my own
eyes. Fleas—lice—millions of ’em. Why,
this jail isn’t fit for a dog.” He
straightened up and yelled down the cor-
ridor, “Heh, jailer! Have that gang give
Bailey’s cell another going over! This
cell will have to be treated every day—
maybe twice a day.”

Abruptly, Bailey jumped up from his
bunk. “Not that, Sheriff!” he pleaded,
arms stretched through the bars. “Any-
thing but that. I’ll sign the waiver, I’ll
sign ew?

With no -further difficulty, Sheriff
Thompson transported Bailey across the
border and back to Middlesex County.
Bailey was tried, convicted of murder in
the first degree and sentenced to hang.
Both the sheriff and Chief Inglis attended
the execution. As the drop fell, Thomp-
son whispered to Inglis, “That'll teach
him. He shouldn’t have tried to run up a
big bill on a Connecticut Yankee!”

—Charles Boswell

- $3

SAVANNAH'S
PAPER BAG RIDDLE

{Continued from page 11]

show him several years off in his esti-
mate.”

Hall nodded. “Maybe it might be
worth while to see that young fellow’s
folks.”

McCarthy got up. “Fitz and I will run
down there,” he replied, making a note of
an address near fashionable Daffin Park.

The missing youth was George Luther
Aids, 17, whose father was proprietor
of a night club, the Shipyard Inn, on
Bay Street Extension. Mrs. Aids had
called the police on Saturday, October
13, saying her son had been gone since
October 7.

McCarthy, on his way out to the house
with Fitzgerald, did some quick arith-
metic. October 7 to October 15, when
the leg was discovered, would be eight
days, corresponding to Dr. Ham’s esti-
mate of the time of dismemberment.

This fact strengthened McCarthy’s
fast-growing belief that Aids, who had
been described as a chunky youth for his
age, weighing around 175 pounds, could
have been slain.

He and Fitzgerald found the mother,
Mrs. George S. Aids, a youthful appear-
ing matron of 40, considerably alarmed.
The detective chief decided to conceal the
facts about the recovered leg.

Arts pretending to fill out a routine
missing persons report, he encour-
aged the woman to talk about her son
and tell when she had seen him last.

Mrs. Aids said that Luther, as she
called the boy, had been working in a
shipyard but planned to quit shortly to
return to school. The youth, she added,
had driven away Sunday, October 7, in
his own car and failed to return, although
the machine was found the next morning
parked in the middle of the street, in front
of the house.

The announcement startled McCarthy.
“You didn’t notify the police? Didn’t
you figure something was wrong?”

“We thought he might have gone on a
trip somewhere. We were told he planned
to meet a friend that Sunday night.”

“Who told you?”

“Jesse McKethan, Luther’s closest
friend. He was with my son part of that
evening.”

McCarthy was more puzzled than
ever. “And what does McKethan think
happened to Luther?”

“We've talked to Jesse. He says Lu-
ther left him at the Gold Star Ranch—
the night club, you know—and didn’t
come back.”

The detective chief and Fitzgerald
found McKethan, a tall, wiry, thin-faced
youth of 23, at his home, 1101 East
Thirty-eighth Street. He seemed sur-

prised to see the detectives and not a.

little shocked when they told him they
were seeking Aids.

“You mean to say Luther hasn’t come
home yet?” he queried. “He ought to
know better than that, keeping his folks
worried!”

McCarthy, nodding grimly, asked a
question of his own. “Then you think
Aids is alive?”

“Alive?” * McKethan echoed. “Say,
what could happen to him—a fellow his

size? Sure he’s alive! Unless I miss my
guess, Luther’s probably off on a trip.”

“Without his car? It was left in front
of the Aids house last Monday! Or didn’t
you know?”

McKethan nodded. “Yes, I knew.
Luther’s mother told me. It’s queer, too.
Luther stranded me that night and I had
to bum a ride home. If he didn’t leave the
car at his own house, who did?”

McCarthy pulled up a chair and sat
on the edge of it, facing McKethan.
“That’s what I’m trying to find out,” he
said. “Suppose you tell me just what
happened last Sunday.”

McKethan lit a cigaret and told the

detectives that Aids, his friend of several |

years, called for him in the car on Oc-
tober 7. They went to a roller skating
rink, where Aids expected to see a girl.
She wasn’t there. McKethan didn’t
know her.pame. ;

Then they drove to the Gold Star
Ranch, the roadhouse on the outskirts
of the city, where Aids entered a phone
booth and, according to the friend, came
out smiling,

“‘T just got in touch with my girl,”
he had said, McKethan related, ‘“ ‘and
I’ve got to pick her up. You wait here.
We'll come back.’ ”

With that, McKethan went on, Aids
left the roadhouse and failed to return.

“You didn’t see him again that eve-
ning?”

“No,” the friend answered. “I waited
until almost midnight and then found a
fellow who was going over to the South
Side. He took me to my corner.”

McCarthy was making mental notes.
“And the Aids family got in touch with
you the next day?”

“Yes. Luther’s mother came over and
wanted to know where he was. She told
me about the car, and we put two and
two together.”

“What do you mean?” :

“That Luther figured someone else
might want, to use the machine so he
brought it back himself, then went off
with some friends in another car.”

The detective chief thought it time to
tell McKethan about the leg. The youth’s
eyes widened and he loosed a low whistle.
But then he began shaking his head in-
creduously.

“That couldn’t be Luther’s,” McKe-
than said. “Who'd kill him? He was big
enough to take care of himself.”

“Maybe,” Fitzgerald suggested, “he
was lured to some wrong spot. Did he
carry much money?”

“Always. If Luther was murdered,
you can figure it was robbery.”

Answering McCarthy’s question, Mc-
Kethan said he didn’t know the name of
the motorist who had brought him home
from the Gold Star Ranch. However, the
youth continued, he was a steady patron,
one he had seen often and would recog-
nize again.

“Do you know any enemies Luther
Aids might have had?” McCarthy asked

McKethan crushed out his cigaret and
seemed lost in thought. “Well, some
other guy was trying to date his girl and
Luther didn’t get along too well with
him, but I don’t know his name.”

That completed what McKethan could
tell the detectives, so they returned to
the Aids house to inspect the car. They
found nothing wrong with it.

“Maybe it’s the way McKethan said,”
Fitzgerald suggested. “The kid might
have brought the machine back himself.
Certainly, nothing- happened to him in
ig

McCarthy shrugged. “It’s clean, if

that’s what you mean. But he could have
been strangled or poisoned without leav-
ing a trace. However, there’s nothing to

_prove he’s even dead. But if he is, the

delay in discovering it will make things

-.hard for us.”

The pair went back to headquarters,
where Chief Hall had news from Dr.
Ham. After examining the recovered leg,
the acting coroner said it was his opinion
that the dead man could not have been
over 20 years old. :

“So,” Hall told the overwhelmed de-
tectives, “we’ve now got a victim who
completely answers Aids’ description.
But is it Aids? What did you learn?”

McCarthy told him. “I think we can
proceed on the assumption he’s a murder
victim,” he added. “That means, we've
got to check McKethan’s story, find out
the girl’s name, look into Aids’ rival and
backtrack into his past.”

McCarthy rose and motioned to Fitz-
gerald. “We'll drop in at the Gold
Star Ranch,” he told the chief. “Radio
the car in case anything important de-
velops.”

The night club was a swanky spot
where a solitary waiting figure, such as
McKethan claimed to have been on the
night of Aids’ disappearance, might have
gone unnoticed in a large gathering. The a
crowd on October 7, however, had been Ca
slim, and Jesse McKethan had been no- :
ticed. According to several employes of
the club, the youth sat by _ himself
almost the entire evening, leaving at a
late hour.

McKethan had told a waiter he was
waiting for a friend to return and, the
club employes said he had seemed an-
noyed several times during the evening.
Later McKethan spent some time at the
bar and was seen talking to several per-
sons. It seemed entirely likely he could
have met someone who took him home.

“So far as we know,” the detective ‘
chief told Fitzgerald, “McKethan’s story :
stands up. Now we've got to find out
about that girl Aids met.”

4 s
ee nl ee

ROM Gold Star Ranch employes they

learned the missing youth had visited
the night spot with several women, but
no one knew the names of any. McCarthy
thought George Aids, the young man’s
father, could have been in his son’s con-
fidence, so he and Fitzgerald drove to
the Shipyard Inn. ‘
. The senior Aids had not yet been in-
formed about the leg. When McCarthy -
told him, his face clouded with sadness.. |

“I haven’t wanted to tell the boy’s
mother,” he said, “but I’ve thought all
along that something happened to Lu-
ther.”

George Aids didn’t know the names
of any of Luther’s girl friends, but he
told the officers his son was fond of
roller skating and frequented a rink on
the North Side.

“They might know the girl’s name
there,” Aids suggested.

Before he left, McCarthy asked the
father how long Luther had known Mc-
Kethan. :

“Oh, a couple of years,” Aids replied.
“They were very chummy.” ;

The fact that the night club proprietor
had volunteered no information detri-
mental to his son’s friend led McCarthy
to consider McKethan beyond suspicion.
Still, if he-was dealing with murder, the
officer knew he couldn’t afford to elim!-
nate anyone.

The roller rink manager was well ace —
quainted with Luther Aids and he gav€ —~

52 SOUTIT EASTERN REPORTER, 2d SERIES

In Ozburn v. State, 87 Ga. 173 (5), 13 S.E.
247, it was intimated that such argument
is improper; but later, in Lucas v. State,
146 Ga. 315 (7), 91 S.E. 72, 77, it was
held that, in view of the broad discretion
of the jury in recommending or failing to
recommend mercy, “it is not improper to
allow counsel to refer to the possibility
of the accused, at some future time, being
pardoned by the Governor ‘if he should be
recommended to mercy by the jury.”

In Manchester v. State, 171 Ga. 121 (7),
155 S.E. 11, 15, this court considered the
following remarks of a solicitor-general :
“Gentlemen of the jury, if you recommend
this defendant to mercy and he gets a life
sentence, will that be any punishment?
Why you know and I know that under our
loose penal system in Georgia, one of the
worst I have ever read of, after he has
served three years of that sentence he can
apply to the Prison Commission and the
Governor for a pardon or parole, and pos-
sibly get out. Our Prison Commission are
politicians, the Governor is a politician;
and I submit to you that a three-years
service in the penitentiary is not adequate
punishment for this defendant.” The trial
judge declared the argument improper and
“stopped the solicitor-general from further
argument along that line,” and refused to
declare a mistrial. This court, in a full-
bench decision, held that the court com-
mitted no error.

In White v. State, 177 Ga. 115 (5), 169
S.E. 499, 504, it was held: “The seventh,
eighth, ninth, and tenth grounds complain
of a refusal to declare a mistrial on ac-
count of the following words used by the
solicitor general in his concluding argu-
ment to the jury: ‘Will you permit an
officer in the discharge of his duty to go
out and be ruthlessly slain, and his widow
come and ask for justice, his widow and
child come in tears and ask for justice?
* * * Do you think you can stop high-
way robbery and murder, such as this case,
by going out and writing this kind of
verdict: We, the jury, find the defendant
guilty, and recommend mercy, * * *
The jury has it in their power to recom-
mend imprisonment for life. Now what
does that mean? It means that after three
years this defendant has a right to ask

for a parole by going over with a sob
sister from the interracial commission.’
The judge instructed the jury not to con-
sider the language of which complaint was
made. In the circumstances the refusal to
declare a mistrial is not cause for re-
versal.’ See also Sloan v. State, 183 Ga.
108, 187 S.E. 670; McRae v. State, 181
Ga. 68, 181 S.E. 571; Thornton v. State,
190 Ga. 783, 10 S.E.2d 746; Hyde v. State,
196 Ga. 475, 26 S.E.2d 744.

Counsel for the plaintiff in error seck to
distinguish the present case from those
cited, principally upon two theories: (1)
In the cited cases the court acted promptly,
either ruling that the argument was im-
proper, or rebuking the solicitor, or cau-
tioning the jury to disregard it, while in
the present case the trial judge merely
cautioned the solicitor-general to confine
his argument to the evidence; and (2) in
the cited cases the argument was to the
effect that the accused “may be pardoned,”
while in the present case the argument was,
in effect, a positive statement that the ac-
cused would be pardoned.

The present case is not distinguishable
from the cases cited upon these grounds.
In the Lucas case, supra, it appeared that
“the court failed to rebuke the solicitor
general or to instruct the jury with refer-
ence thereto.” Nevertheless, this court
held that it was not improper to allow
counsel to refer to the possibility of the
accused’s being pardoned if he should be
recommended ta mercy. This is a full-
bench decision. In the Thornton case,
supra, the State’s attorney stated that the
accused “will be pardoned or paroled by
the prison board in a few years”, [190 Ga.
783, 10 S.E.2d 747] and this court held:
“The present case is not distinguishable on
the ground that the solicitor-general made
a positive assertion of fact that the de-
fendant would be pardoned, whereas in
the previous cases, supra, the statement
passed on referred only to the possibility
of the defendant’s pardon. The statement
by the prosecuting attorney * * * was
obviously based on mere conjecture.”
This, too, is a full-bench decision.

[7] Under the cited authorities, we are
constrained to hold that the remarks of

McLENDON v. STATE Ga. 301

the solicitor-general in the present case do
not require the grant of a new trial. The
writer, speaking for himself alone, concurs
in this view only because he feels compelled
to do so under the previous full-bench
decisions of this court. But it is his per-
sonal view that argument such as that
complained of here is improper, and that
a trial judge should act promptly to re-
quire the State’s counsel to desist from
such argument and to instruct the jury
to disregard it, and that, in the absence of
such action, a refusal to declare a mistrial
on motion ought to be reversed.

6. After the jury had retired to con-
sider the case, they returned to the court-
room, and the following occurred: The
court: “Gentlemen, I had your message.
Is it a question of law or a question of
fact?” The Foreman: “I would say it
was a question of law. We cannot agree.
We have talked and talked and then cussed
and we don’t seem to be able to agree.
* * * We would like to know the point
of demarcation between a verdict of guilty
with a recommendation of mercy.” The
court then stated the effect of a verdict of
guilty with and without a recommendation.
The Foreman: “That is not the point.
They seem to want to know why we should
bring that verdict of guilty and recommend
—where is the line? That is what we
want to know.” Again the court stated the
effect of various verdicts, stating: “Now,
maybe I might be able to clear it up this
way. If you find the defendant not guilty,
he is released. If you find him guilty of
the crime of murder, then if you say noth-
ing more in your verdict, the law makes it
mandatory that he be punished by electro-
cution. Then, after you have found him
guilty, if you desire to recommend him to
the mercy of the court, or recommend that
he be punished by confinement in the perii-
tentiary for life, that would be mandatory
as his punishment.” The Foreman: “What
is to influence us between a verdict strictly
for guilty or with recommendation 2” The
Court: “That is entirely within the dis-
cretion of the jury as to whether they will

‘recommend mercy or not.” The Foreman:

“That is all. Thank you, sir.” The court
then instructed the jury that they would

Cite as 52 S.F.2d 294

be furnished with supper and to come back
and deliberate further after they had eaten.
The Foreman: “What if we can’t agree?”’
The Court: “Gentlemen of the jury, it is

the duty of a juror to honestly and dili-

gently seek to find the truth and render a
verdict accordingly. And you all deliberate
over this, and the lawyers have been over
it for several hours and you all have had
only a short time. You all are as good
jurors as you will find anywhere, highly in-
telligent and capable, and you all can de-
liberate on it some more after you have
had supper. It is expensive to try Cases
and not finish them up, and you all do the
best you can. You all stay together ; don't
separate; don’t talk to anybody, and don’t
allow anybody to talk to you, or in your
presence or hearing.”

This occurrence is made the basis of
two special grounds of the motion for new
trial. First, it is insisted that the court
erred in urging the jury to agree on a ver-
dict, after the foreman “had made the
court understand that the entire jury was
in favor of a verdict of guilty and the only
question between and among the jurors
was as to whether a recommendation of
mercy should be made;” that the defend-
ant was deprived of the right to have the
jury deliberate in a secret fashion without
disclosing the standing of the jurors prior
to the rendition of a verdict; that it al-
lowed the court, with knowledge of the
fact that the defendant could not benefit by
an acquittal, to control the length of time
which the jury would be held together;
that the court failed to answer the question
propounded, “What if we can’t agree?”
when the court should have told the jury
that they “would be finally discharged and
a mistrial declared if they continued to
fail to agree.”

[8,9] There is no merit in these con-
tentions. It does not appear that counsel
for the accused objected to the, procedure,
made any sort of motion, or requested any
further instructions from the court. “The
trial judge may . properly admonish the
jury as to the propriety and importance
of agreeing on a verdict, and may urge
them to make every effort to harmonize

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296 Ga. 52 SOUTH EASTERN

othy to go back to me?’ I said, ‘Yes, E.
B., I'll do everything I can if you will
straighten up and show her you are going
to do right.’ He said, ‘I have been to
church this morning and, I am not drink-
ing.’ I said, ‘I see you are not. Try to
keep up the good work, and somebody
said something to me, which was Dorothy
[the deceased], and I turned to see what
she said, and as I turned I saw my wife
and Joanne Whaley leading Mrs, Whaley
out of the doctor’s office and Dorothy said
to me, ‘Dr. Jones wants to speak to you a
minute before you go. I turned to go
back in and I met my wife and Mrs.
Whaley and Joanne, stepped around them,
and started on back. I got back to where
the step-up is, I would say fifteen feet,
and I heard a scream. Dorothy was the
one I heard scream. I turned just in time
to see him going out the door like this
(indicating). He had her in his- arms,
stepped inside and grabbed her and went
out the door (indicating grabbing with
arms) out on the little stoop, and time I
could make it back to where the door was,
the pistol was blazing and she was down
in a crumped position. The porch wasn’t
wide enough for her to straighten out, but
her shoulders were against the wall, and
she was screaming and hollering and twist-
ing and turning, and he said, ‘I’m going to
get you too,’ and I didn’t know who he
meant, and I put my arms around Joanne
and Mrs. Whaley, and I said, ‘Get back
into this office” I saw him shooting his
wife. She was down in a crumped position
like this, and he was standing right over
her shooting, just like that (indicating
raising and lowering of pistol between
shots)—he shot her four times, but I don’t
know how many times she was hit. The
pistol he used was like that little pistol you
have in your hands. She was prostrate on
the floor. The porch wasn’t wide enough
for her to stretch clean out. He was over
her, she was screaming and hollering and
twisting. When he grabbed her he said,

‘Okay, Baby, let’s go; here it is; I told
you I would do nn’?

Other. eyewitnesses gave testimony to
substantially the same effect. The State
proved that the pistol with which the homi-
cide was committed had been purchased

REPORTER, 2d SERIES

by the accused two days prior to the homi-
cide.

No witnesses were introduced by the
defense; but the defendant, after detailing
his marital difficulties and his many efforts
to get his wife to return to him, made
the following statement with regard to the
homicide; “My wife came to the door [of
the doctor’s office]. When she came to
the door, I caught her by the arm and said,
‘Baby, let me talk with you, please.’ She
said, ‘No, T’ll fix you right now.’ Inside
of this doctor’s office this screen door pulls
back like this. There is a desk sitting ap-
proximately, I would say, four to five feet
from the screen door. Her pocketbook was
sitting on there. She started for the pock-
etbook and I went crazy. I lost my mind.
I saw Jim Dinkins sitting in there, and I
remembered seeing him going under the
settee, and I guess it is a good thing he
did because I was crazy knowing what I
know, but I will never repeat it. It is in
my heart and it will stay there until I
am gone, for the Bible says you shall em-
brace your loved ones and God is my wit-
ness I have. That is all I have to say,
gentlemen.”

Samuel E. Tyson, of Augusta, and Ran-
dall Evans, Jr., of Thomson, for plaintiff
in error.

Geo. Haines, Sol. Gen., of Augusta,
Eugene Cook, Atty. Gen., and Rubye Jack-
son and Frank H. Edwards, both of Atlan-
ta, for defendant in error.

WYATT, Justice.

[1] 1. There is no merit in the general
grounds of the motion for new trial. The
State’s evidence abundantly proved every
element of the crime of murder.

2. The first special ground assigns error
on the failure of the trial judge to grant a
continuance. On the call of the case, the
following occurred:

Counsel for the accused: “We would
like to make a motion for a continuance
in this case. * * * There is a consid-
erable amount of evidence which counsel
for the accused has been diligently trying
to obtain. * * * I have had this case
now for about two and a half weeks. I

McLENDON y. STATE Ga. 297
Cite as 52 S.E.2d 294

haven’t done anything except work on this
one case. Of course, Your Honor under-
stands that I am a young member of the
bar and I am not, possibly, as experienced
enough to get out and prepare evidence as
some older attorney. * * * I would
like to point out that there are many wit-
nesses involved in the case, both of the
accused and the deceased’s families. It has
been impossible to even talk rationally with
them, members of cither families, to find
out whether I could obtain anything to
help in the defense of this case because of
the great emotions existing at this time on
both sides of the case. Counsel has en-
deavored to make approaches to both
families in the case and cannot discuss it
with them. This lady has not been dead
long enough for anybody to get over it
and there is a considerable amount of evi-
dence which counsel thinks will be avail-
able to him if he has time to investigate
the case. I wish to point out to the court
that the accused has nothing. He is not
able to pay other counsel. I tried to se-
cure the services of other counsel. Coun-
sel would also like to bring before the court
the fact that we have had the accused
examined by two competent psychiatrists,
both of whom are present in court at the
present time. Both of these doctors state
that they can make no conclusive determi-
nation of the sanity of the accused unless
he was given laboratory tests and that he
be sent to some place where these tests
can be made. * * * The doctors state
they cannot determine whether he is insane
or sane, conclusively, under the adverse
circumstances, with a deputy sheriff stand-
ing there in the jail. * * * This mo-
tion is not made for the purpose of delay;
tt is made for the purpose of doing what
is fair and just about the thing and in all
fairness and justice he should be given
these examinations and both doctors will
bear out that statement.”

The solicitor-gencral: “We have doctors
to show to the contrary.”

The court: “It is a question for the
jury.”

Counsel for the accused: “We have to
substantiate the plea by evidence. We do

not have the evidence available to sub-
52 S.E,.2d—1914

stantiate the plea for the simple reason we
haven’t had the man where we could put
these laboratory tests to him. The only
way we could get any evidence for a jury
to go on would be by having the doctors
examine him.”

The court: “Upon an application I
would have ordered that the doctors be
given an opportunity to examine him, but
I have had no such application until today.
I overrule the motion.”

It will be noted that the motion for con-
tinuance is planted mainly upon the fol-
lowing propositions: (a). counsel was
young and inexperienced and had been un-
able to secure other counsel to assist him;
(b) the preparation of the defense was
difficult; and a sufficient time had not
elapsed to permit rational conversation
with the families of the accused and the
deceased; (c) counsel, from his association
with the accused, had reason to doubt his
sanity; (d) two psychiatrists had examined
the accused, but were unable to determine
conclusively the question of his sanity with-
out making laboratory tests, and such tests
could not be made in jail where the ac-
cused had been incarcerated.

[2,3] The Code, § 81-1419, provides:
“All applications for continuances are ad-
dressed to the sound legal discretion of
the court, and, if not expressly provided
for, shall be granted or refused as the ends
of justice may require.” This court has
repeatedly ruled that the refusal of a mo-
tion to continue will not be reversed unless
it is manifest that there has been an abuse
of discretion on the part of the trial judge.
Illustrative of such rulings is Harris v.
State, 119 Ga. 114, 45 S.E. 973, where it
was held: “In order for this court to con-
trol the discretion of the trial judge in
refusing to grant’a motion for the post-
ponement of a criminal case to allow coun-
sel to prepare for trial, it is necessary that
it should appear that a gross mistake has
been made by the trial judge, or that he
has displayed a want of consideration for
the rights of the accused.”

In this case it appears that the homicide
occurred on June 13, 1948. The indictment
was returned on June 21, 1948, and nearly
a month later, on July 19, 1948, the case:

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298 Ga. 52 SOUTH EASTERN REPORTER, 2d SERIES

was called for trial. For at least two and
one-half weeks prior to the trial, an at-
torncy employed by the accused had spent
his entire time in the preparation of the

case for trial.

Counsel for the plaintiff in error cite and
rely on Saylor v. State, 183 Ga. 440, 188
S.E, 514, where, with two Justices dis-
senting, it was held that the trial judge
abused his discretion in refusing to allow a
continuance. The facts in that case are So
materially different from those in the pres-
ent case that we think it in no way con-
trolling or persuasive. In that case an
indictment was returned on November 25,
1935, and the case was called for trial on
the following day. Some ten days before
the call of the case, two attorneys had been
appointed by the court to represent the ac-
cused, but they had been engaged in. other
matters up to the day the case was called
for trial. Prior to the day of the trial,
counsel had endeavored to secure the at-
tendance on the trial of a psychiatrist and
a physician at the Milledgeville State Hos-
pital for the insane, where the accused
had been confined and under observation
until several months preceding the homi-
cide, when he had escaped. Counsel had
applied to the trial judge for subpoenas
for these witnesses, and this request had
been refused. This case is also distinguish-
able from Edwards v. State, Ga.Sup., 50
S.E.2d 10.

On more than one occasion this court
has held that the allowance of only ap-
proximately twenty-four hours for appoint-
ed counsel to prepare for trial in a murder
case did not show an abuse of discretion.
In Cannady vy. State, 190 Ga. 227, 9 S.E.
2d 241, appointed counsel based a motion
for continuance on the contention that they
had been given barely twenty-four hours to
prepare for trial, which, it was contended,
was insufficient time in which to inquire
into the mental condition of their client or
otherwise prepare his defense, they having
been engaged in other matters while in
attendance on court. In a full-bench de-
cision, this court held that the trial judge
did not abuse his discretion in denying the

ynotion for continuance.

In the instant case, there was fo intri-
cate question of law or fact involved, un-
less the possible defense of insanity might
be termed intricate. The case did not rest
upon circumstantial evidence. With refer-
ence to the question of insanity, it ap-
peared that employed counsel had had the
accused examined by psychiatrists, and
counsel’s own statement indicates that he
had never met with any difficulty in having
his client examined by experts, except that
counsel indicated that the examinations
were not satisfactory because an officer was
present and laboratory tests were needed,
But, whether the examinations were satis-
factory or not, no attempt was ever made
to secure a more extensive examination of
the accused. The first intimation, so far
as the record shows, that such an examina-
tion was desired was on the call of the
case. Such an intimation, we think, might
well have been voiced prior to the call of
the case. The trial judge could have grant-
ed a request then just as well as on the
call of the case; indeed, he stated em-
phatically that he would have done so had
a request been presented to him.

[4] Under the circumstances disclosed
by the record, it is our opinion that the
trial judge did not abuse his discretion in
overruling the motion for a continuance.

3. The second special ground assigns
error on the following portion of the
charge: “Now, where the issue of insanity
is involved, the burden is on the defendant
to show to the reasonable satisfaction of
the jury that at the time of the alleged
commission of the act charged against him
he was insane.” It is contended that the
burden placed upon the accused to establish
his insanity “to the reasonable satisfaction
of the jury” required a higher degree of
proof and placed upon him a greater bur-
den than the law requires, it being insisted
that the court should have charged the
jury that insanity could be proved by a
preponderance of the evidence.

[5] There is no necessity of an extend-
ed discussion upon this question. A
charge, in exactly the same langauge here
complained of, was considered by this court
in Carroll v. State, Ga.Sup., 50 S.E.2d 330.

McLENDON vy. STATE
Cite as 52 S.E.2d 294 Gal 298

and, as against the same contentions here
made, it was held that the charge was not
erroneous. That decision is controlling on
the questions here raised.

4. It is alleged in the third special
ground: “Movant contends the court erred
in failing, even without a request, to charge
the jury on- manslaughter in said case.
¥en his unsworn statement, de-
fendant gave the following account of the
homicide, after describing his going to a
doctor’s office to see his wife: ‘There is a
desk sitting approximately, I would say,
four to five feet from the sereen door.
Her pocketbook was sitting on there, She
started for the pocketbook and I went
crazy. I lost my mind.’ Just before the
above account was given, defendant said
that his wife and he had the following
conversation: Defendant: ‘Baby, let me
talk with you, please.’ Deceased: ‘No,
Vl fix you right now.’ And after which
the deceased started for her pocketbook
and then she was shot and killed * * *.
After the defendant had made the state-
ment in his own defense quoted in this
ground of motion for new trial, the State
introduced a rebuttal witness * * *
for the purpose of showing that the de-
ceased did not have a weapon in the pock-
etbook which defendant said she was trying
to get hold of when she was killed.” It
insisted that the law of manslaughter
involved because of the threat against
the accused, the effort of the deceased to
get her pocketbook, the statement of the
accused that he went crazy, and the re-
buttal evidence offered by the State.

na.

[6] This ground of the motion for new
trial is too vague and indefinite to raise
any question for determination. “It fails
to point out whether the court should have
charged on the subject of voluntary or in-
voluntary manslaughter.” Miles v. State,
182 Ga. 75 (4), 185 S.E. 286. See also
Armstrong v. State, 181 Ga. 538 (3), 183
S.E, 67; Knight v. State, 148 Ga. 40 (3),
95 S.E. 679; Weaver v. State, 199 Ga.
267 (1), 134 S.E.2d 163. “When the court
below was called upon to pass on the mo-
tion for new trial in this case it was en-
titled to have pointed out, in the exceptions
to its charge for the omission therein of

the law of * * * manslaughter, the
particular branch or branches of that law
which it was error to omit, and in the
absence of exceptions in the motion suffi-
ciently definite and specific to show and
point out the error complained of this court
cannot and will not hold that the over-
ruling of the motion was erroncous.”

Smith v. State, 125 Ga. 300, 54 S.E. 124,
125.

5. During the argument of the solicitor-
general, he stated to the jury: “If you
give the defendant a life sentence, “his
lawyers and some politicians will get him
out of jail and have him walking the streets
in a few years.’ The motion for new
trial recites that during this argument
relatives of the deceased, who were sitting
near the jury, were visibly weeping. Coun-
sel for the accused, following this argu-
ment, stated to the court: “Your Honor,
if the relatives of the deceased continue
to demonstrate, and if the solicitor insists
upon pursuing this kind of argument which
is inflammatory, I will be forced to move
for a mistrial.” The court stated to the
relatives that they had a right to be in
the court room, but that they must com-
pose themselves or retire. The solicitor-
general continued, pointing his finger at
the accused: “You did not have the guts
to shoot at a man, but you shot this poor,
defenseless woman in the back, and she
was helpless to defend herself; you were
not content to shoot her down, but now you
come into this court and try to blacken her
character and insinuate that she was hav-
ing relations with another man.” Then ad-
dressing the jury, the solicitor-general
stated that, if they “brought in a verdict
of recommendation of mercy, that would in
effect be turning the defendant loose in a
few years.” Counsel for the accused
moved for a mistrial because of prejudicial
and inflammatory argument by the solici-
tor-general. The court cautioned the
solicitor-general to confine his argument
to the evidence and the reasonable de-
ductions therefrom, and then overruled the
motion for a mistrial.

Remarks similar to those made in the
present case have been the subject of re-
view by this court in a number of cases.

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302 Ga.

their views and to agree on a verdict con-
sistent with their consciences; care being
taken not to suggest what verdict is proper,
or to give instructions having a tendency
to coerce the jury into agreeing on a ver-
dict, or inviting them to disagree. The
judge may urge, as reasons for agreeing
on a verdict, the time and expense involved
in the trial, and the time and expense
which a new trial will entail.” Yancy v.
State, 173 Ga. 685 (5), 160 S.E. 867, 870.
Here the trial judge very cautiously
charged the jury as to the three forms of
verdicts that might be retturned, without
intimating what verdict ought to be render-
ed. He refrained from stating that a mis-
trial would be declared if the jury could
not agree, and merely requested them to
return after they had eaten supper and
give the case further deliberation, which
was, we think. a wise and judicious hand-
ling of the matter. None of the language
employed by the court could have had the
effect of inviting the jury to disagree or
unduly urging or coercing the jury to find
a verdict in the case. The matter was
more judiciously handled than in several
of the cases cited and discussed in the
Yancy case, supra, where this court held
that no error was committed.

Finally, it is insisted that the trial court
erred in failing to properly answer the
question of the foreman of the jury with
regard to what was to influence the jury
between a verdict of guilty or guilty with
a recommendation, when the trial judge
stated: “That is entirely within the dis-
cretion of the jury as to whether they will
recommend mercy or not.” It is insisted
that the court’s instructions were con-
fusing and led the jury to believe that they
must act within a discretion, upon a good
reason, and with “caution” in recommend-
ing mercy; that the court should have
charged the jury, “what considerations or

52 SOUTH EASTERN REPORTER, 2d SERIES

lack of considerations should control them
in deciding between a verdict of guilty
and guilty with a recommendation of
mercy.”

[10] There is no merit in these con-
tentions. The jury, presumably being men
of intelligence, could not have been misled
by the instructions, and of necessity must
have known that the matter of recommend-
ing mercy was within their discretion, and
a recommendation or refusal could be made
with or without reason. In Hicks v. State,
196 Ga. 671 (2), 27 S.E.2d 307, 309, it
was held: “The jury in determining wheth-
er or not to recommend mercy is not con-
trolled by any rule of law, nor could the
court under any circumstances instruct
them as to when they should, or should
not, make such a recommendation. They
may do so with or without a reason, and
they may decline to do so with or without
a reason. It is a matter wholly within
their discretion.” In Lucas v. State, supra,
146 Ga. at page 325, 91 S.E. at page 77,
this court said, with regard to the jury’s
right to recommend mercy: “It is in their
discretion whether they will or will not
recommend, and the law prescribes no rule
for the exercise of that discretion. Penal
Code, § 63; Hill v. State, 72 Ga. 131,
Thomas v. State, 89 Ga. [479] 480, 15
S.ES 5375: 8° * > For. “ourselves, swe
think little, if anything, can be added to
the words of the statute without qualifying
it”

The trial judge clearly stated the law.
To have undertaken to charge the jury, as
counsel insist should have been done, as
to “what consideraticns or lack of consider-
ations should control them in deciding be-
tween a verdict of guilty and guilty with a
recommendation of mercy” would likely
have been to err.

Judgment affirmed.
All the Justices concur.

+: sabapsaaliaiaert

VARBLE y.

HUGHES Ga. 303

Cite as 52 S.FE.2d 303

VARBLE v. HUGHES.
No. 16509.

Supreme Court of Georgia
Feb. 14, 1949.

Rehearing Denied March 16, 1949,

1. Divorce €=309

A final decree for permanent alimony
for benefit of minor children, entered by
consent in divorce suit without reserving
authority to modify its terms, passed be-
yond discretionary control of trial judge,
and consent decree subsequently taken in
accordance with agreement between father
and mother to waive the permanent alimony
provided for children was void, since trial
judge had no jurisdiction to modify terms
of original decree.

2. Divorce €=308

The parents cannot by subsequent
agreement in effect nullify or modify final
decree of divorce so as to deprive minor
children of the alimony provided for their
support by verdict and decree.

Syllabus by the Court

Where, in a divorce and alimony suit,
by consent a final decree for permanent ali-
mony for the benefit of minor children,
which reserves no authority to modify its
terms, is taken, it passes beyond the discre-
tionary control of the trial judge; and
though the father and mother subsequently
agree to a change in its conditions, and a
consent decree is taken in accordance with
the agreement, such decree is void, as the
trial judge has no authority to modify the
terms of the original decree.

—__-————_

Error from Superior Court, Fulton
County; E. E. Andrews, Judge.

Proceeding by Mrs. Morris G. Varble
against former husband, James LeRoy
Hughes, for contempt of court for nonpay-
ment of alimony. A demurrer to first and
third paragraphs of petition was sustained,
trial judge declined to hold defendant in
contempt of court, and petitioner brings
error.

Judgment reversed.

Mrs. Morris G. Varble, formerly Mrs.
James LeRoy Hughes, brought a petition
for contempt against her former husband
for the nonpayment of alimony to their
minor children. The petition alleged: that
on May 6, 1946, a final decree was issued,
awarding $50 per month alimony to the
children, and custody of the children to the
petitioner; that subsequently, on March 27,
1947, a consent decree was taken, which in
effect eliminated the alimony to the children
and provided for a change of custody of
the children under certain conditions; that
this second decree, dated March 27, 1947,
was void and of no force and effect, as the
final decree of May 6, 1946, did not reserve
the right for future modification or abro-
gation of its terms; and that certain speci-
fied monthly payments of alimony were past
due and unpaid. There were prayers,
among others, that the decree of March 27,
1947, be declared void and set aside, and
that the defendant be held in contempt.

Two grounds of a special demurrer, filed
by the defendant father, were sustained, and
exceptions pendente lite thereto filed.

Upon the hearing the following appeared:
While the suit for divorce brought by the
wife was pending, but prior to the final
judgment and decree, an agreement was
entered into and filed on the minutes of the
court, in which it was agreed that the hus-
band would pay alimony, for the benefit of
the children, of $50 per month, unless his
salary, which was $260 per month, should
be reduced as low as $150 per month, in
which event the alimony should be pro-
portionately reduced. It was also agreed
that the wife should have custody of the
children, with visitation rights granted to
the husband. In the verdict of the jury it
was stated: “The alimony is to be reduced
in proportion to reduction of salary of de-
fendant, if it is less than $150 per month.”
The decree of the court, after reciting the
above portion of the jury verdict, stated :
“The pending application for change of
the custody of minor children is not passed
upon at this time, but is reserved by the
court for further consideration and deter-
mination.” This was dated December 10,
1945, Subsequently, on May 6, 1946, the
court, by consent of the parties, entered a

judgment saying: “It appearing to th

o«

frerre

VL OF LAW

Pee ee os

“ie

SSeS SE
fen we

SOHC

SIVER.

ver

LIGHT, Oct. 27, 1927,.p..1. (sheet 2 of 2)

* ira Sinus uA Wc ea i.

mies
any ene wat qware of. Be was s!
a meat genteel officer, His!

released from-
tiary within: the next few days.”

The recommendation of the pareld! march
board for bin releane. waa approved! tenant.
fate: Tewanday by Attorney Goeupral i with- joint.’

acquaintances. She has tne sympa- Sargent and papers were forwarded | egnatat
pidge mp = oo thy of the people in her hour of be- immediately. to they warden of the! distunce
. oe : ies : ‘ “ ”_Teavement. penitentiary directing him to liberate ipeen dela
Ss Whi e In respect to the memory of the the prisoner. . fighting
: ite Himself ; officer that lost hin life in the ser-. Carroll beean scrving a» sentence marines, Ww
at Minstrel Play, for one o a erry cca ie eat arse
; . e m 2: : or perjury. in) connection= with his: n
ESDA yy er ene bight only during. the funeral [services: The famous bath tub party>on the sieaetiteees an
Y, OcT. 18TH city and the police department sending. of «New York theater. He became !yendite by

elegant floral offerings. to the home eligible for, parole on October 8 and! ; ,aividual’e

te ‘ i“ ?
“ llahan Theatre of-the stricken family. The faneral Monday the hoard passed favorably. nt O'SK

procession was led by the motor cycle on hin application. Thix action. how- (vate Kennet

75¢ te $2.00 plus War Tax. officer and the. chief of police and ever, did not hecome known until Tues git: at clon

aaaintant chief: who were among: the (ny, when it was announced by the; The rep
cao anata . pall bearers, The funeral: services attorney gencral. - ihe ae
ied were conducted by Rev. H. H. Shell.of In addition to” hir prison sentene diately. in. *

the Baptist.church and C. A. Jackson: Carroll wae fined $2.000° He wan de- american

of the Methodist church. A great--cribed in the parole application ar premumanly

crowd of citizens attended the offi-'q model prironer with” marked im- paniits.
\ ser to his last resting place... The provement. in health after hts col-

« es . : she Rock of hit-death:and- the trawié mari~lapxcon-*hie_way. th prison agahen H Id-in
{ | > pee ! ner thereof has. paralized the town he was removed from the train and xe .

‘ } 4 } and the people-don’t know what to kept for pomegyime in-a> Greenville, By

think, A most determined effort is § ©. hoap
uotation f being made to catch and punisn the Condition — under which Carrols
ts on from a recent letter re- murderers. of the young officer who parole was granted Include one that RICHMO
es from Mr: B. C. Mobley who is : was. fast making good on the force during. the term of hin parole, he it. wore}
é . . and ip the estimation of all that knews no o frequent aaloona or other a2
theF to fren
e Franklin Life I sing kept in “s!
asurance Co. him. ] iplacen. where intoricating Hquora are’. it
™Ga. He sa ’ “i agg accidentally
4 ys —— ‘Manld or furnished and that he will its! visit-t0
McLeod Confesses ‘not drink “intoxicating beverages es vie cand ee
Miers dl’ 1 -Cgrrell also will be required to ab- “ambacsade
Z Monday night Mealy McLeod, one «tain, crire the time of hie parole, suit’ for; $1
se who sell or bu d + the negroes held dy the officers from associating with persons of bid court. here
e field f Fry.ad the «ho was carried to Albery. confe<sed reputation, on all- respects to conduct and Barru
ps : orce does not exist in the: killing. of officer” Ariine.. The hice! honorably and werk Sdilie@ests oy
*Nizations.’’ Sheriff and deputies: carried Mcleod jy and honestly fer himself and HM yee daar
‘ sai ty Albany. for rafe keeping and ques- employer cand fe 880 {sviclating the has been “
Hiring ax they felt they had enough jaw ~ years, the

he Sf aa nee 5
Mon entisted tne

mat) surence on him te hold) him : .
rs & Subers day night he cunfessed to the killing 1 UNE HEON TO MESS PARKER tions. She

* rer, - he officers : he
nts * ) . La signed statement to t : : nized the
Fraoklin Life Insurance Co. d. theushoriie couse Ten cht icetagip ins Waterss (wtoner Tath at the 1

ES O’NEA tre to be co ded for. their quick home of Meo and Mrs oR. 8: Colerain =
L BUILDING ie in snigteaed and the handling hv Mis» famar Coleman. one of the aveaithe

Bainbridge, Ga. «erect It-waa the request of Mrs. mest elegant affairs of the fall 58 re peti
; vost attractive feature of et byt.

het Arhne to the officers that the negro sen At ’
fines of Insaraace, we can supply jour weed f- the series of entertainment« given the t y late

+~ piven trial and handled accor

4 K . ri ty ta laws The people of the com- Dride-ele “t The tahle was & ve tachment b
munity» will see that her request” 18 ture of loveliness with the center P {or the two

a minature wedding party. Cee sation for
rr bride, brides maids, and all attendan . The attach
w. cc. T.U. MEETING re of the claborately. on the circ
ee dutiful silver vaeps) itt B

The W..C. T. Ue will hold tte revue filled with ea “ and:

‘ar monthly meeting. at the home of comtined with t
fen, C. M. Schaeffer, on Washington china.
at three tride's slippers.

‘arried oat.

McCLOUD, Medie, black, 29, electrocuted Georgia (Decafur County) on 7-6-1928,

Jai nN bri d ge Ju nN ior i. | | ege A Unit Of The University System Of Georgia

Bainbridge, Recor? December 14, 1982

Mr. Ronald C. Van Raalte
P.O. Bou-564
Arlington Heights, Illinois 60006

Dear Mr. Van Raalte:

P Found with the help of former congressman Maston O'Neal and
Kathleen Honeysett at the Library of Southwest Georgia Region were
the enclosed articles concerning: the following law enforcement

- officers who were murdered in the line of duty in Decatur County:

1. M. C. Stegall died Oct. 29, 1905, after being shot__,_
by Gus Goodman Oct. 28, 1905. Decade Coualy

2. Samuel Brinson Arline was shot by Mealy McLeod
Oct. 14; 1927.

3. Lt. James Monroe West was stabbed by Mary Adams
Uct. 40, 19680.

There is a full-page black and white photograph of the lynching
of Gus Goodman on page 207 of VANISHING GEORGIA, copyrighted in
1982 by the Georgia Department of Archives and History. Our library
does not have the book, but it is available for $19.95 from the
University of Georgia Press in Athens, Georgia...

When you finish the book, our library would appreciate a free
copy.

Yours sincerely,

; Leathe Witte

i Reference Department |
Bainbridge Junior College Library

MWM

Enclosures: 8 sheets from microfilm
1 sheet from newspaper

ee
ht a Tae ES Re

* *4-———et-— Aetion/Equal Opportunity Institution

Se ee Le ey ee ee ee, eres Tree SE

Pe! * matter of fin. - .
: N wery likely Permit th lam

. t to Mars
bitercen for con 118
mate oh the *Scsri- 5

te defor —The Florida +s

"the police force-and hia fellow offi-

, about twe years ago, a young Jady

acquaintances. She haa tne sympa-
_/5* thy of the people in het hour of be-

geen 3 ka os ae ‘ Ha j t r

7
. Me ‘

“Big Paper in the bet wm, in the best ©

SSP NES 0 ney sk 39 ¢

| ee /HE POS

VOLUME Vl at VE NO. 23 Pd : —_

POLICEMAN S. B. ARLINE K Kh ‘MARINES Kit,

FRIDAY MORNING. WHILE i DUTY 67 NICARAGUA”

Sect otra

The entire town was shocked Fri-

Tritin Load Sale For.
friedlander Brothers ita
Detachment @ Search of Mine
Attention is gala to the big «is;

dsy morning when it woke up and
found that pohee officer Samuel B.
Arline had been foully asaansinated

of fiaa-

during the night in a most dastardly | Play jadvertinement of Friediander| '™& Aviators at Time Joba

varner | While on duty and making | Brothers in this issue They are, Git Attack. prom
Man

h< nuchtly rounds, looking after the making. their Train Load Sele and it ;

hick doors of the stores he was ahot | '¥. attracting Wreat attention all over MANAGUA Nwarequa. -American| Geornta ty

mormes\ sed Nicaraguan commtapalary | mast of gh

they In aearrh. of the missing marine corps itowrorhd

ip Aviators, “Berond Iueut EB. ‘A. Theenas tethy ag %
‘cd fa Read their prices wel} 294 Sergeant Frank F. Dowell, have that aie Tae —

nocket. He bis flash light in his <7 ; been in battle with -aandit contim-| years and .

hand and it was shot out of hu En find it to your great ad.

Ko
: nts, kill sixty-seven of thern. latives j
sand. He was in a well lighted place|*#0t&*- Don't forget that thee Nepcitincenat ct ihe contecwale? lee thts pea pr

and evidently was just making his Prices will end with the nale and get’ _were killed but there were no casual-jper pres - ‘

rounds of the back of the stores and your. aurply of stuff right now. itieatamone the matings thsi paper newt:
must have been walking unawares into A contingent of 800 constabulary! = Mr. ee :

danger that he never did see or have! P were iilled Aut there were no caqual. \eounty fe 168,

ans warning of. The killer was evi- | AROLE PLEA tea among the mearinee i married te Re

dently crouched behind a dark piace , ait A contingent of 400 coretabalary) 196% She

and as the officer came under the fis OF CARROLL ‘ta being fn-med to be diepatehed Rnaste

aght opened fire on’ him and must! ;

have gave him hix death wound with}
the firrt shot an the officer did note «A'S APPROVED It wan near Quileli In thislat the Oe:

how any signs of having even mace | \" department that the machme in which
un uttempt to draw his gun, © The‘ Phomas and fowdell were Neine rome | Relhyi
lieht was shot out of hix hand and he| ¥ Weeks age crashed and was burned! sepia
“Was evidently shot after he had ene Is Commuted After The two men Were seen to ryn from } ire
lon. — The eet he . See pre Re OnesThird of Term Is Served the atechage. but attempts “eee se
Ing one an ad only been an offi F n@ them were frustartd by
cer sinc@ May and had no enemies that. =! tle of Perjury. Rutleee at Weralis ;
any on€ was aware of. He was a Lieut. George J, J. O'SRes, U. &
quiet and a most renteel officer, Hin. Was INC GTON. “Karl Carrol, the Woarine corps, commanding a eam
_.work had been very aatixfactory to New: York theatrical producer, will by _Stabulary detachment at Jiearo, witht aR

ere the Atlanta peniten-! ‘Lieut J. B. O'Nei,: marine < carpe, < *
within the newt few daya ‘UR. Navy, sends a report ef @ fo +i
The recommendation of the parole: march te Quilali im search et
board for hin release Wan Approved tenant Thomac and Sergeaae E
her jate here hv Attorney Goowral | with pelnt forces of 40 mex
HaigeniQand papers were forwarded constabulary, . on
inmediagely to the warden of the! dintance from Jae. ta
{
Leder t it's CRE opel x, aie x Roe 3 z , ¢i r ie

down without anv kind of a warning. the c9 sntry. They have eatablished:
Mr. Arline was evidently not even ex- 4 reputation of selling what

pecting any ktad of trouble an hie advertise Mince they have been
gun was in his heleter and club in his Bainbridge.

- Id

« ey
PON ng SO rr OF 4

a
a
-" 4

x
a Yr,

‘eos mu. am Ou |
Tyrie :

against CGen@val Sansiny whoee ac- Orlando ona
Nivities are increasing ‘n Nueva Se-/ten, Mass»

AN i :

oor pee meee

Cova

reles
cers held him im high esteem, Mr. tiary

Arline married Mise Mildred Terrell

well khown and beloved by all :

\ eM
THE POST-SEARCH LIGHT, December 1, 1927, p. 1.

<I heard that Mealy McLeod was finally electrocuted.

fons Poa ‘There will be ancthel-ene of those).

ae are mee ~ ag a withthe! gabe | marcess Moeatsi: Mosely sand Treleey day and after all day's work the Jory tregg Mr. J.
brig? is ‘aa rites from Climax, Messrs Hodges, Talia- returned a verdict of murder in the peng of the W
ee rs ferro and King from Brinson. Messrs first degree late in the afternesn.jcheed, very

J into the vari- from every’ section

west ‘attzactive -Cepifwenity Singsiand those interested in fts cultare will

empansied Sor here on the Oth of Fae! attend the meeting at’ Tifton: nex: : Ba 2 :
fe deg leave to aing will be under tas leadership of | wsek, December 8th.’ The delegation made Me V 2 é hkgeres igen
: iMiss Gilbert and everybody is urged} ..-1) consist of Mr. N. C. Crafton,! ts th the - Pita

mted all to take part and get seedy fer a good) | \ Sli
our attention time, These sings. fave given more saabcser ies AL poet ec aam ae The case of Meady McLeod, aia some th
ree eee T teased killer of officer Arline wae 204 trees of

wach ences’ ss, pleasure. thes 007 t1RG oe eees ei
dence warrant- had here and the men. wi'l u E_ Sawyer, County Agent. Mr. M. 4 in the Superior court Wednes- (Vere. The
pecan trees rs!

Attend Tiftea Meeting ~ -

A lenge number of tobacco con BRIDGE BON 1

Mayes, Secretary Chamber of Com-

our county, and and enjoy this and every ef-| w : ;
f atcher, Davis and Nix from Eldo-
a - , trees d
_-from-.these_fort-swill.be_made. @ give the folks to, ands other interested farmers pclaes hed able counsel in Sedge} fifty ae
the best sing they ever had. dnd banliawas meooks terented Jarmer? Geer of Colquitt: who put. ap. 0. auegt = = pas
Roads.’ : ; x
= The meeting will be sponsored: by masterly defense for the negro. This ee dae

iMings, Coe: | First Baptigt Church ;
the Coastal Plains . Experiment St
—) of in the section owing to the peculiarity "5 pismirerte

cunty Farm ti

mn phe in} Sunday school af 0:45 a.m: the station will be in charge of the
e fi con-; Preaching at 12 wm. and 7 p. m:|meeting and talks will be ‘given by both white and colored approve of the
|Dr. Soule of the State College and verdict. McLeod confessed to the kill.

8 in good con: ; Morning subject: wrhe Enemies of Messrs J. M. Carr, RC «Thomas an

farm neat and 4, the pastor.

pd sanitary. We 'the Cross.” J

dings, and the; Evening subject. “Hindrances 7 enses and cultures. “i ee onesité
rly ahrowded in mystery bat panel :

It kept-and in} weeting of the BY. P: U at 6 p.m.

pt the Brinson! prayer meeting Wednesday at Zimuch value to ‘all who are . raising
bright- leaf tobacco. Meetings simi- did a most splendid piece of work |
} the negro after being arrested and|

; such as plas) All are cordially linvited to attend lar to this have been held for severa
years in the fall and: have’ proven

very interesting and imatructive.

pilding, which is 5 mn

roads in very Leesa ance
y improvements similar to thos¢
the straighten- office. We es
on such’ high-; County School
unvsual weather untiring effort in
t the» County better schools and

in ‘the Clerk's

issioner for his
development of
that great pro-
through his. un)

that is most dis-

here cases. were
recommend that
make full and
all costs in ‘each!

Uy commend ovr/ Feat Methodist Church lic opinion from the: circumstances! |
wae he

Geo. Clary, of Americus, Ga., and ‘ j after

and the large| We find all returned to the| Superintendent, of . Sunday’ | Echos! Loerie aiovet rr. gelister, Gordnee oe

; . | Training South Georgia Conference. resented the stat
Mr. Clary is a bright mind and a good p

ker. full h
yssaran| ar” toed» A Benutiful and T
The pastor will preach at. 7 p.m. Marion Davies

a. case has excited considerable interest

; 1 ul \fageery Mr:
of the case and the public generally tnithet cause
trees. This n
ding some time ago: ~The crime was Pernape as ie
committeed during fair week and fot map Otel
‘a while it jJooked es if it was comptete- other ai

on at Tiffon. Prof. 8S. H. Starr

My Purdom, experts on tobacco dis-

The meeting Jin expected to be-o
and chief of police’ with their aides,
years. He

eated in al) pu

put in. Albany: jail afterwards con-strnently

fessed, He vet up the ples that ¢ghe

| oticer had arrested him and be y ple = mee
\ trem :

the shooting in resisting arrest. Pub- well satisft

have never believed that oficer Astne
See A Gents baat tae ' Sever knew. who shot him or evee ow
reaching at 11 a. m. by the Rev. the negro: The jud will peas ge®-

he bridge, all
ingly om,

~. [hd an
e.

Bubject: “Go Forward or Die.” To
Sunday - Schoo! -8 45.4. m.
Senior and Junior League 6:80 p. ™-
Pape Wonng Winey ? yg opal core
Good music, pointed presehing. PO- saa Tuesday, December Sth sve
tite webers, o hearty welcome for you |, Metre Ooigwyn- Mayer " gecpeay ert
ri a. ee!
and forall | il cond to Relnbridgn- Qe SEITE a:

560 (Ga.)

that he was not the man, and that he was not
going any further. Arline said, “Yes; you
are, God damn you, go ahead 3” and reached
for his gun. Thereupon defendant shot him
one time, he staggered, and defendant shot
him again, and he fell, and that defendant did
not know how many more times he shot. The
defendant then stopped telking for a second.
and the sheriff asked, “Which way did you
go?” Hesaid he went on down by the laundry,
which is on Market and Clay streets, on the
far corner of the block where the deceased was
killed. He said he went on about a block from
the laundry and emptied his pistol on the
ground. The sheriff told him about the cart-
ridges they found, and where they found
them: and the defendent said, “Yes, sirsat
emptied my gun there, and walked down to
the Coast Line Railroad end walked across
the Coast Line trestle, and came back home.”
The sheriff asked what he did with his pistol,
and he said he threw it in the river, in the
middle of the Coast Line trestle. He said he
had not rested a bit until he had told the offi-
cers, The sheriff asked defendant what kind
of shoes he wore the night he said he shot the
deceased. He said he had on a sport model
shoe. The sheriff told him what kind of shoes
he found at his house, and he did not deny
that he had on that. kind of shoes. The de-
fendant told the jailer that he was drunk up-
on the night he shot Arline. In evidence were
the pistol balls and shoes referred to;' also
ordinances of the city of Bainbridge penaliz-
ing acts of disturbance of the peace, drunk-
enness on the streets, ete.

The jury found the defendant guilty, with-
out recommendation. He excepted to the
overruling of his motion for new trial. The
grounds of the motion are sufficiently stated
and dealt with in the headnotes and the opin-
ion. :

W, I. Geer and P. Z. Geer, both of Colquitt,
for plaintiff in error.

B. C. Gardner, Sol. Gen., and C. E. Crow,

143 SOUTH EASTERN REPORTER

102 Ga. 221, 29 S. EF. 264; Suddeth v. State
112 Ga. 407, 37 S. FE. 747; Cleveland v. State,
114 Ga. 110, 39 S. BE. 941; Smith v. State, 115
ya. 586, 41 S. F. 984; Lucas vy. State, 146 Ga
315, 91 S. B.°72; West v. State, 155 Ga. 482
(11), 117 S. E. 880. If a defendant makes an
extrajudicial statement in which he adimit~
the commission of a homicide, but couples the
admission with a statement of facts which
excuses or justifies the homicide, such state-
ment is not a confession; and the judge errs
in charging the law relating to confessions.
Powell y. State, 101 Ga. 9 (4), 29'S. E. 500,
Am. St. Rep. 277; Owens v. State. 120 Ga
296, 48 S. E. 21; Harris v. State, 152 Ga, 15
(6), 108 8S. E. 777. In Owens vy. State, supra.
this court was divided upon this question:
but. after full and careful reconsideration
we have reached the conclusion that the opin
ion of the majority is supported by the previ-
ous and subsequent, rulings of this court. by
the weight of outside authorities, and by
sound reasoning. 16 C. J. § 1467d; State +s
Abrams, 131 Iowa, 479, 108 N. W. 1041: Teo
ple vy. Cismadija, 167 Mich. 210, 152 eS
489: State v. Thomas, 135 Towa, 717, 10 N
W. 900: 1h. GC. L. 550, § 99. Contra: State
y. Porter, 32 Or. 135, 49 P. 964; Mortimore
y. State, 24 Wyo. 452, 161 P. 766. It seems
unreasonable to hold that a person. who #4:
mits the commission of a homicide, but in the
same breath states facts which excuse or jus
tify the homicide, confesses that he is guilty
of murder.

Where there is evidence tending to show
that the defendant admitted the killing, and
he states no circumstances of excuse or J"s
tification in connection with such admissie®
the trial judge does not err in charging uj
the subject of confessions. Coney V. State
90 Ga. 140, 15 S. EB. 746; Webb v. State. 14"
Ga. 779, 79 S. FE. 1126; Nail v. State. 142 Ga
595 (8), 83.8. FE. 226; Edwards v. State, 1%

Ga. 419, 126 S. E. 16. Ina number of cas**,

this court has held that a statement. mae
by a defendant charged with murder, that be

both of Camilla, 2: Des, of Bainbridge, did the killing because of certain facts which
Geo. M. Napier, Atty. Gen., and T. R. Gress, furnish no legal excuse or justificatie®

Asst. Atty. Gen., for the State.

amounts to a confession, and authorizes &
charge of the law relating to confessions

HINES, J. (after stating the facts as Jones v. State, 130 Ga. 274, 278, 60 8. F. S#':
above). [1] 1. The special grounds of the mo- Thompson v. State, 147 Ga. 745 (2). 95 8. B
tion for new trial, from 1 to 17, inclusive, 292; Bowden vy. State, 151 Ga. 336 9). 108 >
complain of the refusal of the judge to give 9.575; Minter v. State, 158 Ga. 1297, 122. 14
to the jury certain instructions as requested §, E. 23. Under the principle last ruled.
by counsel for the defendant. So far as these are of the opinion that the trial judze did x
instructions were correct and applicable, they err in his charge to the jury upon the subj
were fully covered by the general charge, and of confessions. In the defendant's stateme®
for this reason the refusal of the requests to the sheriff he admitted killing the
does not require the grant of a new trial. ceased; and the facts stated by him in os

[2] 2. A trial judge errs if he treats an in- uation of his act did not excuse or justify OF
culpatory admission as a confession, and homicide. These facts, when considered ® i
gives in charge to the jury the law relating the evidence in the case, do not excuse 6
to confessions. Dumas v. State, 63 Ga, 600 justify the killing by the defendant of the Fe
(5); Jones vy. State, 65 Ga. 147; Covington v. liceman, who had arrested him and taken his
State, 79 Ga. 687, 7 S. EB. 153; Fletcher vy. in custody. The undisputed eviden: =
State, 90 Ga. 468, 17 S. E. 100; Lee vy. State, that the defendant had been guilty of di**

“e «?

NE RAE ei Ok

McCLOUD v. STATE (Ga.) 561

(143 S.E.)

derly conduct and was drunk . r his pis
disorderly conduct and oie dane sae ras same pete Se 8. Sc
the city limits of Bainbridge were punishable have pr gers a i re ape pronase
under the ordinances of the city. The de- the abs n oe nes 9 eaten See
a policeman had been called to arrest cef pepe | wexhe nieces a ice
the defendant for the dis injury rity tad cree ae
TREN Heel taben plicodhia spalacttaee. Te ee oe neat enc eT eet
accused inquired of a bystander if the police- ohetinnik pi eg for his pistol to enforce
man was coming, and was told that he was tomdnde tot me ig ke any ces end
coming in a trot. Thereupon the defendant fine to kill ‘tk par araen > i ringed
went out of the back door of the restaurant him so . rs raaaa ent
and the deceased came in at the front door sinieth the mace ore Gein ek
and followed the defendant. According to the wid 1 4 i” ace a > or rig rang in
latter’s statement as to how the killing oc- sho my . Bar hn ~ ior nna
curred, made to the sheriff a few days after killing: ne npr nes ingen ne >> Pia
the homicide, the policeman overtook. him on pe ind Bors et a: 5 otete mush Soleo
epg street, and wanted him to go back to sion eS
e restaurant where the disorderly : )
took place. He started back pee gaa iobte 8. The court charged the jury as fol-
man, but stopped and told the officer that he ,
was not the man, and that he was not going ¢ i
any further. ‘The officer said, “Yes: you or Lag and circumstances of this case, as made
God damn you, go ahead;” and reached for of oe 1 my) oe toe State, ‘Sat At Ce ime
niecis Pew benedee dice P ’ a eged killing that the defendant was in
: ‘ t the officer, and, the custody of the officer, although the officer
as the officer staggered, shot him again, and may not have had his hands upon hi i theese
continued to shoot him. When the dead offi- iS no disputing that he was in the cobtely of the
eer was found, his pistol was in its scabbard, ° cer.” ;
undrawn, and his blackjack was in his pocket.
The provocation given by these words and The defendant assigns error on this charge
this menace would not free the defendant upon the ground that the court expressed and
from the guilt and crime of muvee. Mistes intimated an opinion upon the facts in the
v. State, 49 Ga. 210 (7). No presentation of euteg “It is error,” generally, “for the judge
weapons, without a manifest intention to use * * * inanycase, * * * inhis charge
them presently, will justify the killing. Rob- to the jury, to express or intimate his opin-
erts v. State, 65 Ga. 480 (fa). “No motion a ion as to what has or has not been proved, or
man can make, throwing his hand behind him, ®S t0 the guilt of the accused; and a viola-
te w ill justify another in shooting him, tion of the provisions of this” law “shall be
nless the circumstances show that the man held by” this “court to be error, and the deci-
who was making that motion presently in- sion in such case reversed, and » new trial
roi fe ean ie slayer.” Bailey v. State, #tanted, with such directions as” this “court
Sy s Ae gro re mae lawfully give.” Penal Code, § 1058. To
used by thie ideiers pi While the threats this general rule there are exceptions. It is
nears = ee ened er, and the reaching not error for the judge to state to the jury a
¥ that officer for his pistol, as claimed by the fact which is admitted, : ich thi
ey eerie nite i hes s admitted, and on which there
hea ; no 1ake a case of self- 1S no issue. Johnson y. State, 30 Ga. 426 (5)
Ree . # ords and this gesture should Where a killing is admitted, the court m: :
considered in determining whether the de- so state in charging the jury, . , state
fendant acted under the fears of areasonable 5S Ga, 85 ). “Whil tine ju re Sto sitec
ra in shooting the deceased. Cumming v, to express 0 ini - peer abla ti
tiie Ge bee ee gv. °® SS ¢ pinion as to whether any par-
, 27 8. EH. 177. In that case’ ticular fact has been proved, yet, when the

“
The court charges you, gentlemen. under the

¢i

®ssault.”

. wc Tapior v. State, 121 Ga. 348, 355, 49 S.
The a ae court reiterated this principle.
aac ten made no threat of violence
o pte. defendant. Being under arrest,
es € oe refused to go with the police-
Ste pon this refusal the officer used to

the language above set out, and reached

143 S.E.—36

aot ae true that, in order to justify a homi-
aes x. must be something more than mere
pn eng There must be an appearance
tesere: es anger, The means of inflicting the
an — injury must apparently be at hand,
cease be some manifestation of an
ses 1 to inflict the injury presently; but

S$ not essential that there should be an actual

it was said: i

$ said: evidence to establish a fact is undisputed
and the fact is admitted by the accused on hile
trial, it is not error for the judge to assume
such fact in formulating appropriate instrue-
tions to the jury. Taylor v. State. 125 Ga
622, 70 S. E. 237.. When under the evidence a
fact is not in dispute, the court may so in-
struct the jury. Under the undisputed evi-
dence and the voluntary Statement made by
the defendant to the sheriff a few days after
the homicide, the defendant had been arrest-
ed by the slain policeman for violations of
the ordinances of the city of Bainbridge, and
was in the custody of the officer at the time
the defendant shot and killed the former.
This being so, the trial judge did not err in
so instructing the jury.

> shi gad

=
&
4
=
¥
;

iiss

peace. oe ae ee

562

4. The other assignments of error do not °
require the grant of a new trial.

Judgment aflirmed.

All the Justices coneur, except RUSSELL,
C. J., who dissents, and ATKINSON, J., who
dissents from the ruling in subdivision (d) of
the second headunote.

MORTGAGE GUARANTEE CO. OF AMERI-
CA et al. v. ATLANTA COMMERCIAL
BANK et al. (No. 6352.)

Supreme Court of Georgia. May 17, 1928.
Rehearing Denied June 13, 1928.

(Syllabus by the Court.)

{. Mortgages @=224, 230, 244(2)—Transfer
of title under security deed assigning inter-
est in debt stands on same basis as execu-
tion and recordation of deed; mortgagee filing

_ security deed without actual or constructive
notice of interest of transferee of prior se-
curity deed subsequently recorded obtains
first lien (Civ. Code 1910, §§ 3307, 3308, 4537;
Acis 1921, pp. 157, 158).

While valid against persons executing them,
security deeds are postponed to all liens created
or obtained and recorded prior to the actual
record of the deed, unless the younger lien is
created by contract and the party receiving it
has notice of the prior unrecorded deed. A
transfer of title held under the security deed,
made to assign all interest in the debt secured
and in the land as security therefor, stands
upon the same basis as to execution and rec-
ordation as the deed itself. The Mortgage
Guarantee Company of America, having made
jts loan and duly filed its security deed without
actual or constructive notice of the interest
of the Atlanta Commercial Bank, obtained a
first lien on the property.

2. Subrogation ¢=>17—Mortgagee held not en-
titled to subrogation by implication to lien
of third party, discharged from proceeds of
mortgagee’s loan.

Under the facts of the case, the Mortgage
Guarantee Company of America is not entitled
to be subrogated to the lien held by Liebman,
Incorporated, paid off and discharged from the
proceeds of the Mortgage Guarantee Com-
pany’s loan to the Realty Sales Corporation.

3. Refusal of injunction held error.
The court erred in refusing an injunction.
Russell, C. J., and Atkinson, J., dissenting.

Error from Superior Court, Fulton County;
G. H. Howard, Judge.

Petition by the Mortgage Guarantee Com-
pany of America and others against the
Atlanta Commercial Bank and others. Judg-
ment for defendants, and plaintiffs bring
error, Reversed.

(Ga.) 143 SOUTH EASTERN REPORTER

Ralph Williams and Jones, Evins, Moore
& Powers, all of Atlanta, for plaintiffs in
error.

Frank C, Tindall, of Atlanta, for defend
ants in error.

GILBERT, J. The Mortgage Guaranter
Company of America et al. filed a petition
gainst the Atlanta Commercial Rank et al.
alleging that on November 14, 1925, title te
described property, the subject-matter of
the suit, was in L. D. Jones, subject to a
prior deed to secure a debt from H. L. Hutch-
inson to the Realty Sales Corporation, trans
ferred to Liebman, Incorporated, on which
date Jones conveyed the same by deed to se
cure debt to the Realty Sales Corporation.
the conveyance by IJutchinson being recorded
on July 21, 1925, and the conveyance by Jones
being recorded on November 18, 1925; that
on February 3,‘ 1926, Jones conveyed said
property by warranty deed to said Realty Cor
poration, which was recorded Kebruary 1}.
1926, the grantee assuming a note for $1,075
to secure which the deed to secure debt hat
been given by Jones to said grantee; that es
March 1, 1926, the Realty Corporation cen
veyed said property to the Mortgage Company
by deed to secure debt, recorded March 19
1926, the same being for a loan in the sum ef
$2,800, evidenced by note of even date
that thereafter, on April 9, 1926, there w**
filed for record and recorded a transfer of
said security deed from Jones to said Reattr
Corporation, the said transfer being by th?
Realty Corporation to the Atlanta Comme
cial Bank, dated December 2, 1925; that the

Mortgage Company insists that its loan ¥"*.

made to the Realty Corporation withe®
knowledge or notice of said transfer to said
bank, and thinking that the security title
evidenced by the Jones security deed to the
Ttealty Corporation had merged in the greatet
title evidenced by said warranty deed the
tween the same parties, and that the '@
of the security deed from the Realty Corr*
tion to the Mortgage Company constitute! *
first and prior incumbrance, else the Moet
gage Company would not have made sav
loan; that the lien of the security deed from
the Realty Corporation to the Mortgasce Cost
pany took priority over the lien of the tran*
fer to the bank by the Realty Corporat
of the security deed executed by Jones: tat
said bank filed suit in the municipal eet *
Atlanta against said Jones and the Rea ;
Corporation to foreclose the security @#
transferred to the bank and on Se] tember f
1927, took a judgment by default, whieh 4
clared a special and prior Jien against vw
property, which was being advertised iw
sale on the first Tuesday in Octover. Fees
that said foreclosure suit and judsm: nt wer
a cloud upon the Mortgage Company's ¢
and the sale would be a still furuier ©

“

C=For other cases sce same topic and KEY-NU

MBER in all Key-Numbered Digests and I)

exes

MORTGAGE GUARANTEE CO. y. ATLANTA COMMERCIAL BANK (Ga.) 562

; (143 S.E.) =

and that the Mortgage Company was without directors of the Realty Corporation, in whict
remedy at law. The prayer was for injunc- appears the following entry: : bees
— 7 = the sale; for decree that said . te

en of the bank under the transf se- ;

surty déok Feues sine tc He ie Beg ing wag called for the purpose of authorizing
corsifin dene arcs J 9) the procurement from the Mortgage Guarantee
sieaael “ys sted by a sale the Mortgage Company of America a first mortgage loan
s mpany vad already made under a power Not to exceed in the principal amount the sum
contained in the security deed the Realty of $2,800, upon its property known as No, 75
Corporation had executed to the Mortgage Byron Drive, city of Atlinta, Fulton county
Company; and for general relief. Ga,” followed by description, “in order to re-

The tank - answered. setting up that the tire the present first mortgage loan in favor of
H. L. Hutchinson upon the above-mentioned

indebtedness of $1,075 assumed by tl a 7 i
Corporation was the same sum ia ruberard Of te whoo kak sean es rg realty Bees
scarlett “sey ang deed from Jones to Corporation,” ‘ oe ee
y ¢ f nm, and at the time said
warranty deed was given by Jones to the —the said announcement being followed by
Realty Corporation the bank was the owner entry of adoption of resolution to effectuate
of the loan deed by virtue of a transfer the same. VDlaintiffs also introduced the
the Realty Corporation made the bank on De- aimdavit of 8. P. Cronheim, to the effect
cember 2, 1925, since which date the. bank that:
had held title to the property as security for |The property that day described in a lo:
payment of the loan represented by the deed ‘eed in favor of the Mortgage Sompany “is
transferred to it: that the Mortgage Com- free and unineumbered; there are no liens on
pany was chargeable with the notice of the account of labor or material used in the im-
public records that the Jones loan deed of ~~ = peed ce = ee
November 14, 1925, was an outstanding lien e - ——. alfecting said property: there
and that the note for $1,075, assumed by ia Wace at aay other me eee i
the Realty Corporation in consideration of Georgia. The lien of a Seacdeer ike oeied =
ae wetranty deed was expressly described cuted by the Realty Sales Corporation to Saat
as a note of November 14, 1925, which %4S¢ Guarantee Company of America, a corpo-
was the same note Jones gave when he eave ration of the state of Delaware, to secure a
the security deed on that date, and the Mort- ae ap taragrigien (5 a BOs Aid-SGperior to all
Abe Coceokhy Was chaieadbis Git knoe ~~ eg or claims for liens against the above-
edge as to who owned the loan deed Jones ioe gs ge erecident a reciey f eee
made before he made the warranty deed ration fo the pee ith bee ph a
; fe J f F ; r the specific purpose of inducing
So that said Mortgage Company actually put Mortgage Guarantee Company of Ameri sir
a second loan on said property; that the make the Realty Sales Chuborition < & hed
loan the Mortgage Company made to the mortgage loan of $2,800, upon saiq preston
Besity Gornoration was net made to pay off conyeying the above-mentioned property to
Siiles incomnbrsnce Uk say aaveenabih tee as security. S.-P, Cronhein,’—sworn to
Ghat ths Martine Comcinay’ Sean eotiiee < pie notary, With corporate and notarial seals
frst lien; and that the bank had obtained orien
Judgment on its lien. The bank prayed for The court passed an order denying the re-
4 decree that the lien of its judgment obtain- lief for which plaintiffs prayed and th “Y ‘
ed on the indebtedness secured by the loan Cepted. righ sien
ni aay ppregeie: to it Was superior [1] 1. While valid against persons exe-
ws cree of the plaintiffs; and for gen- —— them, security deeds are postponed
sEomael ater a liens created or obtained and recorded
Sas . as nitro uced by both sides, oct to the actual record of the deed, un-
. ng to substantiate the respective claims. less the younger lien is created by contract
Included therein was the following transfer 2 the party receiving it has notice of i 4
introduced by defendants: prior unrecorded deed.. Civil Code 1910 ‘
age 3307,
1 ciicorsia, Fulton county. ‘The within loan mene airspace of title held under the
tinker’ coo thereby is hereby in the ‘a brpe y made tp _ Beeles All interest
trunste eds “aquitelaimed, and assigned unto vk le m rt secured and in the land as secu-
sees ona aerial J —. the undersigned rity therefor, stands on the same basis as to
neces . = — Pad ec ree title, sad chee and recordation as the deed itself.
rovered thereby by these presents al eid $90, 139 : phy peng A else poigin
” Commercial Bank. In witness whereof the Mic os . . ee oe eae
2 gecisned has attached its hand and seal this prrnatghaene, Sieg ta ; The fajlure of the
2a day december, 1925, Realty Galas Fse, ie a ‘ ne rela Dank to record its trans-
Py Hs by S. P. Cronheim, Vice Pres., by er entitled the lien of the. Mortgage Guaran-
seal a Jr., See. & Treas.,” with corporate bi Company to a priority. “When one of
: re prin persons must suffer by the act
; Co of a third pers aw it i x
the pclae introduced a transcript of of the inn Ewe ou c,
. ee ae ‘ i Jury mus
Ss of a meeting of the board of bear the loss.’ Civil Code 1910, § 4557. The

“The vice president announced that the meet-

Ae
es

of
=

eis aie

558 (Ga.)”

143 SOUTH EASTERN REPORTER

policeman, and told him that he oie aan
was not the man. He walked on — ~s
Market and Clark streets with the po ao
stopped, and told him that he {defends ) -
not the man, and that he was not going }

McCLOUD v. STATE. (No. 6501.)
Supreme Court of Georgia. May 17, 1928.

i i a ‘he policeman said, “Yes; you are,
Bahoarne, Dh = pad pe re ahead;” and — ~ =
W ‘ is gun, the defend-

{Syllabus by the Court.) gun. When he reached for his gun

ec i staggere 1 defendant
i hot him onee; he staggered, ant
- a on ig aloo i in; liceman fell,
1. Criminal oe re saree ce nahin auras shot him eS ke —_ basin
nancy Agen ygoonadene i the defendant did not k a
i See ee ee times he shot. J/eld, that such — “ PY
<i » deceaser de
= 5 ive to the jury the defendant that he ap maiersc sins st oo
5 Y ; e judge to give to p scl stances name rnis gi
Ther sitar ata ricco by counsel for ae bapa fag anne
aS. on - a or use | terme = sharge of the
the defendant does not require the ot 8 to a confession, or a ized a charge
: joes se instructions, SO lar aS jaw relating to confessions. Z
new trial, where these ins on tase Fels " * ce
they were correct and applicable, were fully co sid: Thing. Bec thier definitions, se Sons
cred: Up the ceneiel sage. and Phrases, First and Second Series, C
2. Criminal law €=>781 (2)—Treatment . sion.]
patory admission by ry aap ak ry confes- 3. Criminal law e=761 9) ~tastroanes et ©
ih ; i a dant was in sl:
and giving of instruction re “gt denna Reh de gent :
‘ ° dicial statement, was . 2
sions, held error; extrajudic ssaton with oflcer’s seatedy at Haid of howe eld |
ea cr petit miei ye under evidence (Pen. Code 1910, § 1058).

i justifyi homicide, is not ¥
ts excusing or justifying ; D : a fe ibid Ane
etoaiee. and instruction on confession is Where, under the undispute

i i | y ste f the defendant last
nih oe Pee eater va sec pal ngind = serio iloataak ha been arrested by
r admission of 9 referred to, the defendant had “ger
where evidence shows Ye " ( he de sev ehaneage ye saga
ne big sera tee t. Poot ot bes et ee Lagi he was a police
i ission; ment out of c , “" nances of the ¢ sol
with admission; statem { facts vax in the custody. of the offic
itti ici mitted because 0 man, and was in custody tee iat
mitting homicide comm es held con- : f the homicide, the court did net
i justifying homicide, held the time of the : are oe Oe
not excusing or justi fossions: “2°. ‘ier the jury that: there was n
‘ oD harge on confes > in instructing the jury fer
fession, authorizing c .'% Bigs: Dac sah tear
efuse e » about the fact tha : a
’s statement that he refus pute a , he etting'
pig senernr policeman and shot policeman the custody of the slain officer at the
pdt fren reached for gun, contained no ex- homicide was committed. ik
: i "= ° . + ee 4 dis
sees for homicide and was confession author Russell, C. J., dissenting, and Atkinson,
izing charge on confessions. oe ts an senting in part.
H i j rs j reats ¢
1a ally, a trial judge errs if he an -
Generally, a_ wat ade by a defendant as a trror from Superior Court, Decatur C
inculpatory admission ma tw ivdlat- Error fron j
‘ssion, and gives to the jury the law reli y; W. V. Custer, Judge.
confession, and ¢ ty; W.

oe
weten i urd
: o confessions, ar , Ce ag
mea If a defendant makes an extrajudicial Medic McCloud was con

i ' a its the commission of |, 1 he brings error. <Aflirmed. P
, ‘ment in which he admits rom ‘ ft and he 5 fivin oe:
hema but couples the admission ce Medie McCloud was indicted for - ie
_ .nt of facts which excuses or justifies t 1e se of H. Attine th the dig oF sabe
aniiteie,: I statement is not a confession, er ». a eget ARON E
homicide, such dz errs if he charges the law on October 3 1927. ‘ on cae oe
and the trial aah jane liceman of said city. FE peterson
relating nfessions. ; a ;
relating to cor “e is evidence tending to show wounds on his person. ne we agonal
to ne Geltedant etetied, tee illing, and he ft hand. This wound indicatec at
he defendant admitted the killing, and left land. a ee ik
pcre -cumstance of excuse or justification must have been holding some uit es hgh
a peonection with such admission, the trial the bullet struck this hand, which . a5 , "
e i ~ ; 2 oW “AS v Tm
wade does not err in charging upon the sub by his side. Another wound was abot ov;
: : i si zi mé £
ject of confessions. : : way the right side. The bullet n poor
je Where a defendant charged with murder foe Panna tas seem: nk @ ;
©) - statoanent out of court, in which he ad- W oun re a oe ae us oe
See thee he committed the homicide because of and fifth ri . . _—_* mage y:
mits tha J . 5 : al excuse or ‘ent through 1e rans ‘ a
in fac yhich furnish no legal excuse wel ¢ a
seeds — hai igh statement amounts to 2 gtomach, hit the artery on top te’ —
justification, s a si ons ! su |
8 fession ‘and authorizes a charge of the law bree, and lodged in the mu c 1
relating to confessions. h tl on the right side of the body. 2 red el
ale s : . ee vhich the ia . deceas j
(d) The sheriff of the county in wh the: tamtical. Meaticneny, the

homicide was committed visited ote postr ecgeale ard yg mene iy ape g ra BN ae os
ide hrm ri during suc se == : a as
ee ee ee ee re Ik that ruptured this artery. The wo fe
isit asked the defendant if he wanted to talk t
visit ask

WwW < ey lied, ‘te ig st ets The bull
tl rbout inflicted by pis ol bulle h
ith him abou it. The defendant r

side of the
ss f ria ig “7 USe > wound on the left side © poe
“Yes,” that he wanted to confess and get right eaysed the wou Saar

ed 8 ranged a li vnward. a
sith God, that he killed the deceased, and told Qoaseq ranged a little dowr sed. must Ba
wi Re ¥ “iff that the homicide occurred in this almost straight. The decease he ballet
0 oor. The deceased, a policeman, overtook been almost on the ground grr Min dl
manner: Puget 2 f ed him to C . . e right

defendant on Broad street, and want that caused the wound on th

go back to the restaurant, where he had had

.rY
Two bullets ¥e
He started back with the

i i tered, from its range.
some disturbance.

y s d Indexes
Tr *¥-NUMBER in all Key-Numbered Digests an
G—For other cases see same topic and KEY-NUMBER a y

Per kacencecerseerimacee Aan teriny ie

McCLOUD vy. STATE (Ga.) 559
(143 S.E.)

moved from the body. They looked like 38's,
though they were badly battered.

The defendant was employed as head wait-
er at the Callahan Hotel in Bainbridge. On
the night of the homicide, he got off from his
duties at the hotel between 7:30 and 8 o'clock.
About 9 or 9:30 Edna Glover met the defend-
ant on the street. She had a conversation
with him. Te was drinking at that time;
she smelled whisky on his breath. Tle said
he was trying to get something to drink, and
could not. Te left then and was gone about
aminute. On his return he asked her to have
a drink. Ile had a pistol in his bosom, and
showed it to her. He was seen at the fair-
grounds about 10 or 11 o'clock. He was next
seen at a dance in the auditorium on Broad
street, about 12 or 12:30 o'clock. He went
from the dance hall toa restaurant kept by a
Greek by the name of Mourmouris. Ie or-
dered an ege omelette and a eup of coffee.
The Greek gave them to him. He began to
curse the Greek, who called the deceased, who
was down by the busy corner, The policeman
came in three or four minutes. When the
Greek called the policeman, the defendant
went out of the back door. When the police-
min got down there, the defendant was in the
back yard. Te went down Clay street to the
hotel. The deceased followed him. When the
defendant was leaving the restaurant, he
asked those there if the policeman was com-
ing. Ile told them to look around the corner
and see if the policeman was coming. Willie
Oats said, “Yes; he is coming in a half trot.”
The deceased came in the front door of the
Testaurant. About 2 o’clock the defendant
went to the hotel and borrowed from the night
clerk $8, Ile seemed to be drunk. Tle had a
38 pistol in his pocket. The clerk advised him
to go home and go to bed. Te then walked
out of the front door of the hotel to the street
running in front of it. About thirty minutes
afterwards the clerk heard of the death of
Arline.

John Clenney was aroused from his sleep
by shooting. He jumped up and ran out in
the direction of the shooting. He found the
‘leceased lying on his face, and his left hand
under him. His flash light was lying close to
his hand. The deceased did not speak. Clen-
ney gave the alarm. It was about 2:30 when:
Clenney was awakened by the shooting. The
shots were about as close as they could be
shot. The body was on Clark street, just off
of the sidewalk, The deceased was lying
ticht over on his face, with his right hand
Stretched out, and a flash light lying only a
short distance from his right hand. There
Was evidence of a Struggle, about six or eight
feet south from where he was; there was
scuffling. It looked like he dragged his foot,
trying to go north. The flash light was brok-
*n. His left hand was somewhat back up
Under him. His right hand was stretched
eit. Ie had a pistol in his seabbard, on his
Prson, He had a blackjack in his hip pocket,

Neither pistol nor blackjack was disturbed.
His coat was unbuttoned. The pistol had not
been fired. None. of the chambers were
empty. A big are light was burning near
where the body was found. Just a little after
daylight, four empty shells and one loaded,
of .38 caliber, were found on Water street, in
the next block from the restaurant, going
east.

II. L, Morgan, a deputy sheriff, arrested the
defendant about 8 o'clock the next morning.
He went to the defendant's house and
Searched it. Cobb went with him. Tle found
some shoes, and some .38 caliber short eart-
ridges in the machine drawer. One had been
snapped. They were the same as those found
on Water street. The one that had been snap-
ped was compared: with those found on Water
street that had been snapped, and in the opin-
ion of the deputy sheriff the same gun snap-
ped them all. The deputy sheriff got some
shoes. Ile searched for tracks leading from
the shells, found some, and tracked them from
where the shells were found out across the
street over to the Willis lot, They then went
angling back and got on the sidewalk, went
up Independent street; then crossed from one
sidewalk to near the other sidewalk; then
went south across to a little garage; then
turned around and went back on the sidewalk
to the north on Independence street. There
the officer lost the tracks on the sidewalk.
He found shoes at the defendant’s house that
fitted these tracks. Those shoes were wet.
They fitted the tracks around about the cart-
ridges which he picked up on Water street,
and the tracks that went from there on down
Independence street, where the officer lost
them. There wis something unusual ahout
the bottom of these shoes. Soil was attached
to them. The soil on the ground where this
officer saw the tracks corresponded with the
Soil on these shoes,

The sheriff took the defendant to the Al-
bany jail, to separate the persons under sus-
picion, so that he could investigate the case.
This was the next morning after the homi-
cide. About three days afterwards the sheriff
went back to Albany. The defendant made
a statement to him, in reference to the death
of the deceased, freely and voluntarily, and
without being induced by fear of punishment
or hope of reward. The sheriff asked him
how he felt. He said he was feeling had.
The sheriff asked him if he wanted to talk
with him about-it. He said “Yes,” he wanted
to confess and get right with God, that ‘he
killed the deceased, and told the sheriff how
he did it. He said Mr, Arline oyertook him
on Broad street near the colored pool room,
opposite a brick Pillar, at the old Stultz
place, and wanted him to x0 back to the res-
taurant where he had had Some disturbance,
that he started back with Arline, and told him
that he (defendant) was not the man, but that
he walked back up to Market and Clark
Streets with Arline, stopped, and told Arline

“to. Pande, ‘God, friends said. He. had
also learned how to crochet, his..fa-
ther, .James-McCorquodale,: said. in
an interview Jast, week. ‘isein |
=, Corrections. officials ‘said the el-
der McCorquodale.-had arranged, to

~ @laim his son’s body... 00 oo.

In pnnonging oe: denial ‘of the

a* ry

r., Chairman of the paris en

board, noted that M
cCo;
d expressed ‘ considera
in a letter the board Te. |

did.

“Most “of us are aware of the
14th Street area in which the crime
took place,” he said. “That was a
lost generation at the time. ’'m
grateful that more youngsters were
not harmed. But ‘this -was one of
those exceptions.” ;

‘Lemhaty

¢ Ga. high co court |
S| denies stay for
McCoraypdale :

oe City Staff:
“The: Georgia Supreme Court’ de
ed'a stay of execution Friday for
‘Pimothy “Wesley” "McCorquodale,
jc ee ‘die*tin: hat “electric

AS eee Ee Fes

ate Friday in Rake ‘ube
‘Bia Court for..North. pylon
§ was considering an “appeal, and Jaw-
| Paver bad > to the 1lth.US.
istrict am Of. Appeals. fo}

i a

aa Sill nepain

ache Fae aedonkl and. “Paroles.is... SB
‘38 also ‘considering. .plea for clemen-

dexby siciocquatas family

“% Later,

Execute | FROM 18

mony, McCorquodale, who is white,
became enraged when he saw Miss
Dixon, who also was white, talking
to a black man in a bar near what
was then Atlanta’s 14th. Street
“strip” area. ‘ t
Witnesses testified that McCor- |
quodale and another man took her |
to the apartment of a girlfriend of
McCorquodale’s, where they ra
and strangled her, Before _ y
killed ‘her, ‘witnesses said, the two

men spent several hours torturing

their victim with surgical Scissors,
hot wax, their teeth and razor
blades, ‘: ee Sn

In :a statement McCorquodale

gave to police after his arrest, he

said he began beating her after tell-
ing her to “stay with white people.”
He. admitted murdering her because
he was told she had given $50 to “
nigger-pimp.” = a ae

“When*a nylon cord failed~ ‘to.
strangle the girl, who was 5-foot-4
and 137 pounds, the husky, 6-foot-1
McCorquodale broke her neck with

his bare hands, evidence showed...

- The assistant district attorney in
the’case, Melvin England, called the:
aurder “a slow, laborious, torturous

lamb
McCorquodale broke the dead girl’s

body to fit into the trunk ‘of a car.
Police found Miss Dixon's nude body
stuffed into a box at a public dump-
ing site in Clayton County.

__A police detective“later quoted
McCorquodale as. :gaying -) during
questioning, “I killed her ..: and I’d
do it again.” ‘gl oe

Family members say they are
not sure exactly where McCorquo-

dale veered off the path of decency.

In 1970, after his parents divorced,
McCorquodale joined the Marines,
where he served 20 months. In 1971,
he was ccourt-martialed for unau-
thorized absence and for breaking

restrictions. He was fined, sentenced |

to two months’ confinement and giv-

like a wolf pouncing on a (eae
testimony revealed, -
knees and elbows in order for the

en a bad-conduct discharge, accord- |

ing to Maj. M.K. Robbs, a Marine
Corps public affairs officer:

The — brown-haired, blue-eyed
. death-row inmate has a tattoo on

his right forearm that Serves as a
reminder of that time: a bulldog,
the mascot of the U.S.» Marine
Corps. Another memento: a ‘National
Defense Service Medal, which was
, awarded to all Marines on active
-duty'during the Vietnam war.
member... of 4 motorcycle. gang
@alled the Outlaws. He maintained
Ahis interest in motorcycles in prison.
by ‘subscribing to cycling magazines:
and, about five. years ago, ‘by -con-
tacting a Christian motorcycling as-
sociation. - :
dt was then that he met Kay
Harris, a former police officer who
describes ‘herself as an ex-motorcy-
cle gang member. She and her chil-
dren began to visit McCorquodale in
prison, where she says he exerted a
sitive influence. Now, she Says,

a “my kids have adopted him as a
_ =| “The way I see it,” her 16-year-

, Old son, Tim, told a reporter out-
Side the parole board }

_ Thursday, “you won't find’ anybod

better than him. I've been in jail,

I've thought’ of suicide and he's

talked ‘to me and ‘he’s settled me.

e/of death row untib he
une, said in the five '¥ez
he has known McCorquodale;:the i

pleasan t whe said. “ f anything, qd
would classify McCorquodale as the

_ type who attempted to prevent trou-

ble.” Treadwell said McCorquodale |
has accepted the ‘fact that he is
likely to be executed. “I don’t think
he’ll resist. I don’t think he’s bitter.”

A rare glimpse into McCorquo-
dale’s character came in a 1976 re-
port from a state psychiatrist that
found McCorquodale could not re-
member the murder. “I cannot be-
lieve that I would do them things,”
the report quoted him as saying. “I
just don’t believe I could do it.”

- : Sometime later-he ‘became a

’ “over ued 3

but the report found that
McCorquodale was not mentally ill.
It noted that while he went no fur-
ther than the 10th grade, his IQ was
above average. He led a nomadic
existence before being sent to pris-
on for murder, the report said.

In 1980, McCorquodale was one
of four death-row inmates who es-
caped from Georgia State Prison in
Reidsville. Following a plan master-
minded by another inmate, convict-
ed murderer Carl Isaacs, the four
sawed their way through three sets
of bars, climbed into a fire escape
and, dressed in homemade correc-
tional officers’ uniforms, fled the
prison in an automobile belonging to
a member of McCorquodale’s fam-

ily.
The group got as far as Char-
lotte, N.C., before they were caught,
ending two days of freedom. During
that time, one of the four was beat.
en to death and dumped into the
Catawba River close to the house of
a former biker-friend of McCorquo-
dale’s, where the other three were
captured, authorities said. Police
said they believed McCorquodale ©
was involved in that beating, but
charges were never filed. a
Nine people were indicted in_
connection with that escape, includ-
ing a correctional officer and
cCorquodale’s mother, Toni Jo
oper, an aunt and a cousin. !
_. Mrs. Hooper, who still visits her _
on regularly, declined to talk to the |
" press. “She’s ‘very upset. She’s been
through this. before,” said one of her
sisters who answered ‘thet

™~

and “would not give her name. The

Sister said she was.ivisiting Mrs.

raua
a

r until “thehard times are
as eee

ee ee ne’. interview,
McCorquodale’s father, James
McCorquodale,. said it ‘was. unfair
that his son was the only. one pun-
ished for the crime, when. another
man was known to be involved.
“There’s so much unjust in that,” he
‘Said. The other man, known only as
Leroy, was never found, according
‘Joe Drolet, an assistant district at-
torney who worked on the case.

_ The elder McCorquodale said
that in monthly visits his son has
expressed regret about the crime.
He spends time reading and cro-
cheting, a skill he learned in prison,
his father said. “He made me a hat
and my wife a sweater. He made a
couple of afghans. He’s made a
doll.”

McCOR,UODALE, Timothy W ., white, elec, Ga. SP (Fulton) 9-21-1987

fone ty McCorquodale sent a
étter expressing remorse to the
paroles boardlastweek.

Fem pert £3 me NS Re,

McCorquodale
dies in state’s _

BEB MOM URE eet CT aa tek ate RE RS
Ey Ca, FE Magner? *, es ‘ OY fis ae 3 e. :
Execution is 13 years

after slaying of teen.
: Pees aire ~ cs Ae

se by Amy Wallace... |: 2
EE 4 anda easley® FF 2 =
fi to Staff Walters =o ess 3?
, Ga. —{Thé state. of
ed out its fi ee U-

ar. Monday, putti

....MeCorquodale, 35, was. pro-
nounced dead at :7:23'p.m. His last
words:"“‘T would: like to tell my dad.
and everybody with him I love them’
\very .much. Stay ‘strong ‘in: Christ.”:
‘He then.gave:a thumbs-up sign ps:
relatives waved tohim.: | ¥“«
_ Earlier. in the day, the U.S. Su-.
preme Court. and’the state’ Pardons
and Paroles Board’ had refused to
‘Stop the execution, despite an emo-.
tional appeal made to the board last
-week by McCorquodale’s family and
friends. McCorquodale became the
12th person — and the third white
— to die in Georgia’s electric chair

since the state resumed executions
in 1983.

AD lA os Sue Ve OPN

Shortly after 7 p.m., the 6-foot-:

1-inch, 270 inmate was led
into the death chamber at the Geor-'
gia Diagnostic and Classification.
Center here. Without resistance, he:
took his place in the heavy chair‘

constructed of Georgia pine by. pris-'.
on inmates. !

At 7:14 p.m., three volunteers:

activated the automatic ‘electrocpe*
tion device, sending 2,000 volé$e
surging 4hrough McCorquodale’s:
body. His- body tightened; his fists’

ained clinched. After four sec-
dares the voltage automatically de-
creased to 1,200 volts, and after
eight more seconds, decreased again
to 220 volts. After exactly two min-
utes, the chair, powered by its own
generator, shut off automatically.
-Then began a six-minute inter-
val that corrections officials call
the ‘“‘cool down eriod,” during
which McCorquodale’s bodily fluids
were allowed to settle and return to
their normal temperature. Doctors
then listened for a heart beat and
onounced the inmate dead. | i
~~ As is customary, the other 1,703
inmates at the Georgia Diagnostic
=d Classification Center were con-
fined to their cells as McCorquo-
dale, one of 116 men on death row,
was killed. No deliveries to the pris-
on were allowed Monday evening,
and traffic in and out was closely.
itored. ia :
iv’ McCorquodale’s.attorne s had*
-filed an appeal with the 21
Circuit ‘Court of Appeals in Atlanta
on Saturday. That appeal.was de-
nied on: Sunday, and Monday morn-
ing the. lawyers ap aled again to
the U.S..Supreme. Court, adding a
second plea to one already pending
‘before the high court. The high
court rejected the appeals in sepa-
rate 6-2 votes Monday afternoon. —
McCorquodale’s copa res
nt visiting with his family, Cor-
eecions. officials said. Around 4
p.m., he ate his last meal of boiled
shrimp, crab legs, tossed salad with
tomatoes and Thousand Island
dressing, and apple pie a Ja mode.
He then gave a tape-recorded pri-
vate statement which will be stored
in the prison archives.

} US: :

McCorquodale was*executed for
the murder of Donna Marie Dixon,
a crime that the Georgia Supreme

- Court once called the most de-
‘praved ever to come before it. The
court wrote that “the torture and
killing were all one uninterrupted
‘ight of horror, a macabre affair
‘ending with the appellant deliber-
ately killing the victim to cover the
heinous and senseless crimes com-
mitted upon her.”

According to testimony, McCor-
quodale, who was white, became en-
raged when he saw Miss Dixon, who
also was white, talking to a black
man in a bar near what was then
Atlanta’s 14th Street “strip.”

Witnesses testified that McCor-
quodale and another man took her
to the apartment of a girlfriend of
McCorquodale’s, where they raped
and strangled her. Before they
killed her, witnesses said, the two
men spent several hours torturing
their victim with surgical scissors,
hot wax, their teeth and razor
blades.

When a nylon cord failed to
strangle the girl, McCorquodale
broke. her neck with his bare hands,
evidence showed. Later, he broke
her knees and elbows in order for
the body to fit into the trunk of a
car. Police found Miss Dixon’s nude
body stuffed into a box at a public
dumping site in Clayton County.

st week, Miss Dixon’s family
responded to the news of McCorquo-
dale’s execution. “It’s about time,”
said Bobbie Romig, the victim’s
mother, who still finds it difficult to
discuss the case. 3

“I don’t feel bad about it one |
bit,” Marie Dixon, Miss Dixon’s |
grandmother, who lives in Richland, —
N.C., said of the pending execution.
“I’m not going to lose any sleep
over it. I don’t wish anyone bad
luck, but he sure put it on us, didn’t
he? ... It was pure meanness.
That’s what it was.” eo!

McCorquodale, a former Marine
and one-time motorcycle gang
member, grew up on his family’s
farm in Appling County. While in
prison, he had contacted :a religious
motorcycling group and had come

we Wd

Testa / 8 Wig)

Barring a stay or a grant of, ao
clemency, McCorquodale, 35, will “Spoke =. of two o«

By Amy Wallace PSE

and David Beasle e of two. “lives

Staff Writers‘ beat fen Ss ak S chair at the Georgia Dia AIS SUPVUSEC ly had led eT oker
Many things are known. about Classification Center near Jackson, } < at : Ob ve entson who drove a:

‘Aue BTS BY

“G ; ar

af WhO ay tab tw Ong. |. yg
dost his balance and.
ge Pons Bi oan -.McCorquodale

Bat in the 13. years he hag spent; ‘tict Court of the Northern’ District: alcohol abus
on death row, McCorquodale’s fam of Georgia... His ‘lawyers. vowed: tox group of people, -

» take their pleas to the 11th Circuit his om bt
more balanced portrait of the man Court of-Appeals. © ond i : SW aNe ee

Rees

Rm ee t eeehde Lue Sh bute :
‘Thursday. The board At Thursday’s closed hearing,
Since the one -of .McCorquodale’s attorneys

guilt, they say, he is still a human
PANES us, : -... Said; people: spoke of two. lives

being

" MeCorquodale supposed had led — still finds it difficult. tp

drove.a tractor and tended the.cows .. , “I: don’t. feel. bad sabout, it.one,
and chickens..on the family farm in’ bit,””, Marie ,. Dixon,..:. Miss... Dixon’
~ Appling: County, the. second. as a grandmother, who li es ir

6
*

descriptions of;him as,a youngster,” that’s

"of. the victim,’ Donna .Marie Dixon; .
pr hapten the news of McCorquo-. hasta ago, 276
. Gale's scheduled execution, =. - fee, BUS

3 : ’ Scared | aS oe PD ge SfShie roa ay abe te ui Sy-2 ed ak
_ “It's about time,” said Bobbie. See EXECUTE
Romig, ‘:the -victim’s mother; "who ‘ summemniaen 3

Meanwhile last week, the family — ye

SR a
ee

Ps ae THE ATLANTA CONSTITUTION Friday, September 18, 1987
Pe ey
‘Condemned
2 5 °
‘man’s family
WIGS

)

‘makes plea
‘for clemency

ip™: By Susan Wells

. ae Staff Writer

a'y3“Eimothy Wesley McCorquo-
-dale, set to die in the electric
aotiajr: Monday for the torture-mur-
«der .of a young woman, was a de-
egent-young man who went wrong,
several of his relatives and friends
sgaid.in a clemency plea to Geor-
ygia’s’ Pardons and Paroles Board
pn Thursday.

iy:McCorquodale’s father, step-
ymbther, aunt and sister, along
awith two friends, testified at the
hboard’s closed hearing that as a
teenager McCorquodale ‘was
-gaught in the web, lured into the
-Ife”. of Atlanta’s notorious Strip,
‘awhere thousands of young people
congregated in the late 1960s and
@arly 1970s, said his attorney,
John Boger, of the NAACP Legal
aDefense Fund.

gii (McCorquodale, 35, was sen-
enced to die for the 1974 torture
agid;; murder in Atlanta of Donna
gMarie Dixon, 17, a runaway from
Newport. News, Va.

According to court testimony,
ainé. young woman was picked up
“at: a-Midtown bar, tortured, raped
and killed; her arms and neck
were then broken and her body
stuffed into a trunk, which was
dumped beside a road in Clayton
County.

“Tim became a part of that
terrible climate of drugs and alco-
hol at a time in his life when he
didn’t have the judgment to resist
it,” the family told the board, ac-
cording to Boger.

tkhhkntk

Among those who pleaded with the Pardons
and Paroles Board on Thursday for clemency
for Timothy Wesley McCorquodale were

He said the family brought
more than 100 letters of support
from people in Appling County,
Ga., who remembered McCorquo-
dale as a youngster. Members of
the family refused to speak with
the press after the hearing.

McCorquodale is scheduled for
execution at 7 p.m. Monday at the
Georgia Diagnostic and Classifica-
tion Center in Butts County.

Boger said he was optimistic
about the chances for a grant of
clemency from the Pardons and
Parole Board, although the board
has yet to grant clemency to a
death-row inmate since Georgia
resumed executions in 1983.

“IT don’t think we are wasting

time,” he said. “I think the board
will grant clemency in a case
someday and there are good rea-
sons for clemency in this case.”

Earlier Thursday, a Superior
Court judge rejected McCorquo-
dale’s latest appeal and denied a
stay of execution.

Boger said he would take the
request for a stay to the state Su-
preme court, and expected to take
the claims to federal court.

The U.S. Supreme Court,
meanwhile, also was considering
an application for a stay of execu-
tion for McCorquodale.

The Board of Pardons and Pa-
roles will issue a decision on

ees
SK

ANDY SHARP/Staft

(from left) Caroline Ruth Taylor, his aunt; his
father, James McCorquodale; friend Kay Har-
ris; and Tim Harris, her son.

McCorquodale’s request for clem-
ency Monday. It has the authority
to reduce the death sentence to a
prison term.

“The odd thing about Tim
McCorquodale,” said Boger, “‘is
that he is always portrayed as a
notorious, violent killer. But the
portrait the family painted of the
young man who grew up with
them and the man now on death
row is very different.”

Kay Harris, who befriended
McCorquodale after he was placed
on death row, said he had become
“like a father” to her children.
Her son, Tim, 16, said McCorquo-
dale had counseled him and kept
him from committing suicide.

oD. MORNING ADVOCATE, Baton Rouge, La.,

McCorquodale executed i in Ga. for teen’s murder

By ELLIOTT MINOR —
Associated Press writer

... JACKSON, Ga. — Timothy W.
McCorquodale - was electrocuted
Monday. for the 1974 torture- -murder. of

_ arunaway teen-age girl, a murder he

claimed he couldn’t remember.

.. MeCorquodale, the fifth.man. tobe:

executed in Georgia this year, ‘was
pronounced dead at 7:23 p.m. EDT, Said
prison spokesman John Siler. ; Fe

McCorquodale, 35, was convicted of

raping, torturing and then breaking the
neck of a 17- connate on he had seen

* talking to< a black man. McCorquodale
and the victim were white.
The 270-pound McCorquodale gave a

“thumbs- up Sign to his father and three

family members, seated himself briskly
in the chair and joked with the guards

"who. strapped him in.

He requested a prayer, then made his

‘final statement: “I would like to tell my
‘dad and everybody with him that I love
‘them very much. Stay strong in Christ.”

#As McCorquodale died, six hooded
members of the Ku Klux Klan and a
dozen : other people demonstrated

: outside ‘the prison in favor of capital

0 Tues. Sept. 22, 1987

punishment. Nearby ® ‘a dozen death-
penalty opponents’ held hands* and
prayed.

A request for esenneibiey from the state

‘Board of Pardons and Paroles was

rejected at mid-afternoon Monday,
shortly after the Supreme Court, ona 6-
2 vote, turned: down’ one of: the two
appeals before it.

- Later Monday; by the same 6-2 vote,

the high court rejected McCorquodale’s
final appeal — a challenge of the 11th
‘U.S: Circuit Court of Appeals’ refusal

Sunday to stay the.execution.
_ McCorquodale was the 93rd prisoner

to be put to death in the United States
since the Supreme Court cleared the
‘way for states to resume capital
punishment in 1976. ~ \
McCorquodale was sentenced to dje
for the slaying of Donna Marie Dixon, a
runaway from Newport News, Va., who
had gone to “the Strip,” a rough section
of midtown Atlanta which several years
before had housed the city’s hippie

‘community.

Parole Board Chairman Wayne Snow
said the panel received a letter form
McCorquodale Friday in which “he'does
show cepermpsy nese remorse for what

eae te’

he’ s done.”

- Nevertheless, Snow said the board
viewed the killing as “one of the most
heinous crimes committed in the state”
and decided against commuting the
death sentence for that reason.

Witnesses at his trial said
McCorquodale became enraged when
he saw Miss Dixon speaking with a
black man in a bar near the Strip...

According to witnesses,

_McCorquodale and another man took

Miss Dixon to the apartment ‘of a
gitlfriend of McCorquodale’s, where

woncecce: MR yn rns

they raped her; tortured her for two ;

vi
raha
va

hours; ae tried to strangle her with a
nylon cord. When that failed, evidence |
showed, McCorquodale broke her neck
with his hands. :

Her nude body, stuffed into a box, was
dumped in suburban Clayton County. |

Prosecutor Joe Drolet, who worked
on the case, said the other man involved
in the killing was never found. :

‘In 1976, a state psychiatrist reported
that McCorquodale could not remember
Miss Dixon’s murder.:“I cannot believe
that I would do them things,” he was
quoted as saying. “I just don’t believe I

could do it.”

hs : Be po ee
Se as be
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; eA 3 5 Tues., May 22, 1984—The A}
= 7 sie af ane x
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: * Supreme Court y issued an'-slaying “of Fredger Stapleton « of ~ Court judge and the ° Edenfield : told on “ Fi : y
ei S. District Judge “indefinite stay for Timothy W. Mc- Wrens. Hohn Mae Court rejected his Monday’s hearing he hoped to havea Edens the 11th Cicruit reversed
Cy ear Vhs ion by this ’- le. oy? OS a) Meera er ruling by this afternoon The ruling sentence and reinstated the death
“| Edenfield promis’ Gest by Georgia In a hearing in Savannah before -, Layer Tony Axam of Atlanta said ~~ Defense lawyem also claim Moore - ¢xpected to be appealed to the 1 Baca
ofverneen ee =f Coen Se Aentiela Monday, Moore's lawyers Sunday that since Moore, 33, was first - represented ore - 8. Cireuit Court of Appeals by ‘le
that his” exeestion’-echeduled'' for argued his death sentence should nat sentenced, to die, con ot tl ne conted by. bis « osingside 28a se p< was eens ria emi who
; pt oe 2 : eee or death sentences have » : ~ * me Boma ss x torture ago for the
5» Thursday be ba Satencing report and othertactorera a evolved and Moore ought to have. Thestate, reprisented by Assistant. Edenfield. has ruled in Moon's away, Slaying of teen-age run:
nee tinues toappeal. repo! - their legal protection. > a oy Attorney Susan Boleyn, favor in previous ‘hearings. He day m f y or execution Mon-
o Moore is one et. re . - contends the defense arguments are. granted Moore a stay of executiozin Court, making his US. Supreme
murderers who had been scheduled not new and hive been,.or. should 1978, and overturned the week unlikel Srecution this
to die Thursday, but~the U.S. _ ist, penalty in May 1961, ae ae

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McGRIFF, Will, black, hanged at Moultrie, Georgia, on August 19, 1915.

Burchett
"Valdosta, May 26, 1915-A plan to murder Jailor Lofton and County Physician/by Will
McGriff, of Colquitt County, a desperado in jail here, and Albert Bates, who was sentenced
last week for twenty years, was frustrated today through information given to officials by
Amos Buchanan, a negro, who was sent to the county gang for wife beating, Buehanan
told Chairman Connolly, of the county commissioners, of the plot while he was being
carried to the county camp. He said the conspirators had knives secreted in the jail, and
that they were going to assault the jailor and doctor when then went to the jail to
look affeer McGriff's wounds, he having been wounded while being arrested. A
search of the jail revealed the fact that plans were just as Buchdnan had said they
were. The assault was said to have been planned for this morning." JOURNAL, Atlanta,

Georgia, May 26, 1915 (1/1.)

"Governor Slaton Monday issued a requisition for Will McGriff, a negro under arrest

in Oklahoma, who is under indictment in Colquitt County for the murder of three per-
sons, one white man and two negroes, Sheriff Ww. W. Bod, of Colquitt county, has

gone to Oklahoma for McGriff, who is said to have been shot and badly wounded by his
captors. The crime for which the negro is under indictment was committed in the
country about fifteen miles from Moultrie. In July, 1911, McGriff killed W. S.
Washington, a white man, and two negro men in a row at a lumber camp, He made his
escape before he could be arrksted," JOURNAL, Atlanta, Georgia, April 12, 1915 (1l-.)

"Moultrie, Gas,, Auge 19, 1915. = Ten men WKX were killed by William McGriffe, a negro,
hanged here today, according to a confession he made on the gallows, He was executed
for the murder of UZXSZXNAKX W. S. Washington, a #X wealthy naval stores factor near
here July ll, 1911, On the same day he killed two M&X#HE negroes, Dan Showers and
Henry Green.

"He had confessed, officers said, to these killings before mounting the gallows, Just
as the cap was being drawn over his face he requested that he be allowed to make a
statement. Then he said he had killed three men in North Alabama, 2 in South Mississi-
ppi, and one in Louisiana, He said he killed an officer at Tallahassee, Fla., before
murdering Washington. He was not interrogated as to names, places or dates of the other
killings. Mc¥riffe escaped after killing Washington and was captured only recently."
ADVERTISER, Montgomery, Alabama, August 20, 1915 (8/h.)

Former gallows
to be part of |
chamber offices

Associated Press

MOULTRIE, Ga.

For some business visitors, a
stop in this south Georgia town
may soon include a trip to the
gallows.

The Moultrie-Colquitt County
Chamber of Commerce is mov-
ing into a building that once
housed the county jail, where a
convicted murderer was hanged
in 1915.

People leaving the elevator on
ihe second floor of the newly
renovated building will step onto
the gallows’ trap door, which
will be welded shut. The steel
ring that held the hanging rope
will also remain when the cham-
ber moves into the 80-year-old
building, which was abandoned
when a new jail was built in 1990.

Billy Fallin, chairman of the
chamber’s renovation commit-
tee, said authorities used the
built-in gallows only once — on
Aug. 19, 1915, the same year the
jail was opened, to hang Will
McGriff.

The chamber plans to move its
offices as soon as the renovation
is finished, which officials hope
Will be later this year.

took anyone they couldn

floor. Local lore says unruly

inmates were Chained to Pillars
there.

an uncertain business,

Said he couldn't Say exactly
when the building will be ready.

at $575,000 in cash and up to
$400,000 in in-kind donations.
Funding is coming from cham-

bes members and ‘various local
and state sources,

McGRIFF, Will, black, hanged Moultrie, GA August 19, 1915

Joe Flowers, who is oversee-
ing the reconstruction for SKB
Contracting, called it an unusual
and sometimes difficult project.

For example, it took six days
with Wheelbarrows and shovels
to excavate the basement, Which
had been filled With dirt for a

reason no one can discover, he
Said.

“We were looking for bones as

we were digging. You never

know in a jail built in 1915,” he
Said.

Cell doors are being fastened
into place along the sides of a
new stairwell. And the jail’s the

unstable fourth floor was re.
moved.

“Supposedly, that’s where they

T 1") » j
t nan-

dle,” Flowers Said of the fourth

Working on an old building is
and Fallin

He estimated the project’s cost

LEDGER-ENQUIRER, Columbus, Georgia

June 27, 1995

a | rs said. in response to quentioné: Pa. merchant. Mrs. Blader was
7° by Benjamin Ehrlich, her at-| Sobbing as she emerged from a con.
ference room, and told reporters
she had admonished her son “to
; unt she gave him after 1927,,tell the entire truth.” Amberson
a the Sh.gedre of ehiie sae was fdund shot to death last week
‘ce, Mrs. Lyons said, her husband| cortenee Suaaie hall.
i @ her only two fur coats. One,

' said. was fashioned of beaver ADMITS KILLING

1$ given him by a patient. The

,er was a black fur that cost less ‘PAL, SCA TTERING

11 $300, she said. |

. I shopped for coats before I re' BODY ABOUT CITY

! ed the last one,” she said, “and
-ad one that I liked that cost} Savannah, Ga., Oct. 18 [Special]—

‘3nd $790, My husband told me:The murder mystery magazines let
, nd a cheaper one.” him down, Jesse
i t4. Lyons, again attired In black,|McKethan, 21, a
‘ified most of her clothes and'‘factory worker,
!actically all” of those worn by icomplained today
ir two daughters, Alice, 22, and ‘in telling how he
i> 15, were made by herself. ‘n'killed Luther.

tion, she said. she made 38 pairs i Aids. 17, then cut
itrapes for their Lake Geneva up his body and
% and all the slip covers. buried the parts
‘alled Extravagant, She Says were the city

in an attempt to
1 one occasion, she said, her| onceal rune.

cand told her that “you don't: wickethan said
ze that you have practically |), bought sev-
‘ing. You have lived on me all oral murder mys-
Pipher you have been very iuaey magazines to
« Lyons was cross-examined by gaat: te nat
Robert E Fe ineel* + aitacae i way to dispose of the body but that
PEER 4 : S + ‘they offered no.suitable suggestions.
' ne husband. She testified that) «tt seemed like a nightmare when
Peuent: Rer aauRhiaes how to'r woke up the day after the kill-
; 8 bourhon toddy ™ because that i ing,” the confessed slayer told a cor-
she of the arts of & hostess. ner's jury which ordered him held
ow much bourbon did vou tell or murder.
akan into the toddy?” Cant- Police said McKethan, who was
| he figger . arrested yesterday, gave the follow-
bn He 4 fiexer? * Cxnpwetl ing account of the crime:
pre : L. aye ae arts visited m rosihents
; e ct. 7. McKethan misse s walle
wedi Ok te a ae and accused Aids of taking it. They
i 4 fought. McKethan choked his com-
panion and left him in the street.

nartender.”
° daught ;
ughters are expéctéd to tie returned later and found Aids

the stand today in their fa- dead
's behalf. ¢
: ehalf He took the body to his home and

NUT H LO GIGS Pip fk © nace: the bows, The wens
<RIES ON WiGN Cae kn ie an ipa’
TARTS SUNDAY KILLER OF THREE

ew radio experience J{s in store!

een eee IES IN CHAIR
AT COUNTY JAIL

| of its mew Youth Looks Up

!- of -weekly programs dedi- " ;

"to the chureh schools of the! Kermit Breedlove, 33, Negro, who
* ‘shot and killed his wife and two

pty Sunday morning W-G-N’s Negro policemen on Dec, 16, was ex-

; evrecording unit will pull UP ecuted today in the electric’ chair

-? a church or tabernacle. Underl. :
| rection of Philip Maxwell, high /in the Cook county jail. He was the

of the morning service will '53d to be executed since the chair
j:mscribed. Each Sunday’s tran. was installed in 1927.

| ey. she turned over $150,000 to
husband. She ts not sure what

Jesse McKethan

\
{
*
i

_ion will be broadcast the fol-' The triple slayer was strapped in
iz Sunday.. Starting Sunday,jthe chair at 1:12 a. m. and the cur-
/28, the program will be aired, rent was turned on one minute later.
it. m, ;He was pronounced dead at 1:19
't Sunday the recording: unit!a. m.

jd the North Shore Baptist Breedlove shot his wife, Goldine,
.n. This is the program that; six times in a quarrel in their home
pre broadcast Sunday. James L.jat 5149 Prairie av. He reloaded his
;+ the Sunday school superin-! pistol and shot and killed Policemen
int, will be heard. A Bible quiz; Ezra Caldwell, 32, and Samuel Black,
foe a feature of each presenta- 53, in front of the Breedlove home
| before he was shot six times by the
ith Looks Up is presented by|dying Caldwell and another police-
: HICAGO TRIBUNE In coéperation'man. He was executed for the mur-
; he churches. ‘der of Policeman Caldwell.

Fiat the

reasonable doubt of Mrs. Stevens’
guilt and that evidence tended to
support her contention she had
killed the sailor in self defense.

Sailors’ Dad Protests

walk, asserted in an_ interview.
“We don’t see how Willls has the
power to throw the case out with-
out a trial, or even a hearing of all
concerned.

“He didn't give us a_ hearing.
He never even had a conversation
with our son, James, who was with
Albert when he was shot. Appar:
ently he relied on reports from
others.”

“We were all waiting to appear
trial,” said Rudy Kovacs,
another of Albert's four brothers,
“but Willis never even solicited a
statement from Jimmy.”

The sailor was shot in the home
of Mr. and Mrs. Charles Milton tn
New Canaan. Mrs. Stevens, a neigh-
bor of the Miltons, said she went
to the home and ordered the Kovacs
brothers to leave, thinking they
were intruders, and shot the sailor
when he resisted her. She said she
didn’t know the brothers were cal-
ling on Faith Coombs, a girl en-
gaged by the Miltons to stay with
their children in their absence.

“TlMeit Love Affair”

Coroner Theodore E. Steiber, in
his investigation last June 29,
charged that “an illicit love affair”
‘apparently had existed between Mrs.
iStevens—whose husb d, Maj.
George R. Stevens III was then In
Germany—and Milton, an aircraft
executive. He suggested that Mrs.
Stevens’ emotional state when she
clashed with young Kovacs was due
to a dispute she had with Milton’s
wife—a quarrel in which each wo-
man had smashed a window in the
other's home.

Prosecutor Willis, however, de-
clared these incidents seemed to
have no bearing on the slaying. He
also said the Miltons had changed
their stories so drastically that their
testimony was worthless.

News of her freedom reached Mrs.
Stevens {n Columbus, Ga. where
she is staying with her husband.
She had been free in $15,000 bail.
jShe sald: “It turned out as I al-
‘ways knew it would.”

D. A.V. MEETING
OPENS TONIGHT;
1,500 TO ATTEND

More than 1,500 delegates, repre-
senting 1,211 Disabled American
[Veterans’ chapters, will open their
jnational convention at 8 o'clock to-
night in the Congress hotel.

Gov. Green and Mayor Kelly are
scheduled to address the opening
session at which a citation com-
mending Chicago for its hospitality
to service men will be presented to
the mayor. A color detail of ma.
rines will take part in the opening
cerenrony with Pvt. Jack Campbell
of Detroit, Mich. a patient at
Vaughan hospital, singing the na-
tional anthem.

| | CHICAGO ThibuWE oer. 1945

Mandels

“That’s not justice,” the sailors
father, John Kovacs of South Nor-:|.

mw It A eC Pe

ee ee a ee ay

Ce wn em meee eS

‘ 4

as K L ole 4) a forty Th CouszL

114 History of Forsyth County

$18 each for A. P. McPherson and John N. Tribble “for Guarding the common
Jail of Forsyth County Thirty Six nights at 50 cents per night.”

In addition to these expenses, the jailor’s cost put a funnel on limited county
funds as well. The minutes of the Inferior Court reflect the following payments
totaling $491.80:

st oa a

i
4
4
4

“Ordered. . . that J. R. Thompson C. T. pay William P. Williams Jailor
one hundred & Seventeen dollars & fifty cents for Keeping & maintaining

in the common Jail. . . Isaac Freeland, Jacob Pettyjohn, Levi Q. C. Me- 4 j
Ginnis, James McGinnis & W. R. Branan from Jan 10 1859 to Feb 26th /
1859.” 3

“Ordered. . . that J. R. Thompson C. T. pay to W. P. Williams Jailor <4
Twenty Eight Dollars & 10 cents for Keeping & maintaining. . . Robert &
Karr a Prisoner from the Ist day of January 1859 to Feb 26th 1859.”
“Ordered. . . that J. R. Thompson C. T. pay W. P. Williams Jailor Seventy
five dollars for Keeping and maintaining Isaac Freeland & Jacob Petty- &
john, Levi Q. C. McGinnis & James McGinnis & Wm. R. Branan & Robert Be
Karr in Jail from 26th Feby to 22nd day of March 1859 at 50 cents per 5
day.”
“Ordered. . . that J. R. Thompson C. T. pay W. P. Williams jailor Eigh
dollars for furnishing Wood for the use of the jail This 22nd March 1859.
“Ordered... that J. R. Thompson C. T. pay W. P. Williams Jailor Seventy
two Dollars for Keeping and maintaining Isaac Freeland Jacob Pettyjohn 4
Levi Q. C. McGinnis James McGinnis W. R. Branan & Robert Karr In Jail &
from the 22nd of March 1859 to 15th April 1859.” “a
“Ordered. . . that J. R. Thompson C. T. pay W. P. Williams Jailor Sixty
three Dollars & 70 cents for Keeping & maintaining Levi Q. C. McGinnis - if
Jacob Pettyjohn James McGinnis Wm. R. Branan & Robert Karr from the «@
15th April last to 10th May 1859 — This 16th May 1859.” 7
“Ordered. . . that J. R. Thompson C. T. pay W. P. Williams Jailor one g
hundred and Twenty Seven dollars & 50 cents for Keeping and main-
taining L. Q. C. McGinnis Jacob Pettyjohn & Robert Karr in Jail from.
the 10th May to 2nd August 85 days at 50 cents per day — 2nd August}

1859.”

The premeditated murder of Claiborn Vaughan, who had been an innocent.
victim of drunken prejudice and personal vindictiveness, left its mark on the com ¥
munity and the county — 4 mark not as easily washed away as Vaughan’s blood. /j
In the aftermath, two men had to pay the penalty with their lives, two
went to prison, and one escaped justice. The people of Wildcat District wou §
not soon forget. But more importantly, it drew an inescapable veil of shame anc
guilt over the innocent families of the men who went to the gallows for theiiig
crime. For family and kin, the nighmarish events of that awful evening and t by
months to follow would never be erased from memory. . .. Ae

o. th

Wil

Chapter 7.

CHURCH HISTORIES
AND MEMBERSHIP ROLLS

Antioch Baptist Church

On April 28, 1849, after a sermon by Rev. Drury Hutchins, a presbytery con-
sisting of Brother Hutchins and A. K. Tribble convened to constitute the mem-
bers into a Baptist Church. It was resolved by all present to call this church
Antioch. On the same meeting day Thomas J. Pilgrim was brought forward for
examination by the presbytery for ordination. A prayer was offered by A. K.
Tribble and an imposition of hands made by Brothers Tribble and Hutchins.

On June 23, 1849 the church resolved to ask for admission into the High-
tower Baptist Association at its next session.

In 1855 a corporate petition was presented before the Superior Court of

oe County by church leaders through their attorney, William A. Lewis, as
ollows:

“The petition of Thomas J. Pilgrim, Samuel M. Reese and Ellison Hope, showeth
that they and others interested have gone to the Expense of building a Baptist
Church in said county some three miles northeast of Cumming near the main road
leading to Dahlonega on land now owned by John W. Merritt; your petitioners pray
the order. . . directing their petition to be entered on the minutes of this Court in-
corporating them under the name and style of the ‘Antioch Baptist Church of For-
syth County.’ Your petitioners state that the object of their association is to take a
deed from said Merritt, on whose land said Church is located, for the land on which
the said Church is built and so much of the adjoining land as said Merritt may see
proper to give for the purpose and to protect said church from injury — and to
preserve order during times of Divine Worship in said Church. Said deed to be

nec aoons to them and their heirs and assigns for the uses aforesaid and for no other
ae ;

re Irwin granted the petition and ordered the clerk to record it in the
dee vee was dissolved in 1873, reorganized on September 25,1911,
1946 ei ih = 12, 1942 by a storm, and rebuilt and dedicated October 20,
Hawhine ae the first church were: Drury Hutchins, A. K. Tribble, F. M.
Noi. es wipe A. B. Nuckolls, D. J. Huggins, A. S. Tatum, and J. W.
Eliza ae urc members: John L. Cruse, Sinthy Cruse, Lucretia Willingham,
grim, Matha Whio Atkins, Josiah Merritt, Elizabeth Merritt, Thomas J. Pil-
Nancy Hare illingham, James H. A. Merritt, James W. Beshears, Polly Robinson,
‘on. Willian ae Mary Ann Runnels, Polly Queen, Louisa Gravitt, Ann McPher-
yal i Mary Huggins, Monroe Durham, Emaline Nelson, Matilda
Pernelisy Wil reais J. Pendley, Joseph Wiley, Eliza Durham, Syrene Barton,
y Willingham, Mary Hutchens, G. H. Hutchens, J. W. Hutchens, Caroline

tif
Ll ny
au

502 Ga.

ment must be followed by immediate
possession of the respective tracts up to
the agreed line. In addition, there was
other testimony from which the jury could
have found that there had been acquies-
cence in the fence as the line for seven
years. See Code, § 85-1602; Farr v. Wool-
folk, 118 Ga. 277, 45 S.E. 230; Osteen v.
Wynn, 131 Ga. 209, 62 S.E. 37; Sapp v.
Odom, 165 Ga. 437, 141 S.E. 201; Tietjen
v. Dobson, 170 Ga. 123, 152 S.E. 222, The
evidence being sufficient to support the
verdict the general grounds of the motion
are not meritorious; and the other special
grounds, being mercly arguments to support
the general grounds, are also without merit.

Judgment affirmed.
All the Justices concur.

207 Ga. 328 ~
McLENDON v. STATE.
No. 17255.

Supreme Court of Georgia.
Oct. 10, 1950.

Rehearing Denied Oct. 19, 1950.

FE. B. McLendon, Jr., brought a habeas cor-
pus proceeding for release from the custody
of R. P. Balkeom, Jr., warden of the state
prison, under a death sentence on a verdict of
guilty of murder without recommendation.
To review a judgment of the Superior Court
of Richmond County, G. C. Anderson, J., im-
posing sentence in accord with the verdict
and the statute after the Supreme Court,
Atkinson, P. J., affirmed an order of the Su-
perior Court of Tattnall County, M. Price, J.,
sustaining various grounds of demurrer to
the petition and remanding petitioner to the
warden's custody with direction to deliver pe-
titioner to the proper officers of Richmond
County for sentence by the Superior Court
thereof in accordance with the verdict, peti-
tioner brought error. The Supreme Court,

61 SOUTH EASTERN REPORTER, 2d SERIES

Duckworth, ©. J., held that the valid ver-
dict of guilty required sentence and Judeg-
ment in conformity therewith, and = that
entry of the void death sentence thereon
constituted no legal obstacle to imposition of
a valid sentence.

Judgment aflirmed.

Criminal law €=977(1)

A jury’s valid verdict of guilty of mur-
der without recommendation required sen-
tence and judgment in conformity there-
with by superior court, and entry of void
death sentence, not conforming to statutory
provisions, constituted no legal obstacle to
imposition of valid sentence after Supreme
Court affirmed another superior court's or-
der sustaining demurrer to defendant's ha-
beas corpus petition and remanding him to
court in which convicted for sentence in
conformity with law.

—_—_>_—

A. L. Henson, Atlanta, Samuel E. Tyson,
Augusta, Randall Evans, Jr., Thomson, for
plaintiff in error.

George Hains, Sol. Gen., Augusta, Eu:
gene Cook, Atty. Gen. J. R. Parham,
Asst. Atty. Gen., for defendant in error.

Syllabus Opinion by the Court.

DUCKWORTH, Chief Justice.
After a verdict of guilty of murder with

out recommendation had been affirmed by

“this court, McLendon v. State, 205 Ga. SS.
52. S.E.2d 294, and, on the hearing of an ap
plication for habeas corpus, judgment wa’
entered holding that the sentence to death
was void, in that it failed to conform to the
provisions of the statute and the defend
ant was remanded to the court where
was convicted with direction that he &
sentenced in conformity with the law, an’
this judgment was affirmed by this cout
in McLendon y. Balkcom, 207 Ga. 100, ©
S.E.2d 753, the trial court, after notice t
the defendant, imposed sentence in accom!
with the verdict and in conformity wi
the statute, over the written objections of
the defendant, and the exception here is
this judgment. Held:

St Sateen ten ie

PURSER v. PURSER Ga. 503
Cite as 61 8.16.2d 503

The valid verdict of guilty required sen-
tence and judgment in conformity there-
with, and the entry of a void sentence in no
wise constituted a legal obstacle to the
imposition of a valid sentence. Heard v.
Gill, 204 Ga. 261, 49 S.E.2d 656.

Judgment affirmed.

All the Justices concur.

207 Ga. 335

PURSER v. PURSER.
No. 17234.

Supreme Court of Georgia.
Oct. 11, 1950.

Divorce action by Janie Purser against
Noyt E, Purser. The Superior Court, Bibb
County, Mallory C, Atkinson, J., entered
lodgiment granting wife a divorce, alimony
sod custody of minor child and thereafter
Sishand filed petition within 30 days after
judgment seeking to modify judgment as to
e'imony and custody and demurrer was over-
tied and plaintiff brought error. The Su-
preme Court, Duckworth, C. J., held that the
*w presumes that the evidence showed that
“e mother was a proper person to have cus-
hy and entitled to alimony allowed and to
nstitute good and sufficient ground to modi-
fy that Judgment, the petition shoald contain
*. approved brief of the evidence, rebutting
‘Nat presumption and in absence of such
eridence no grounds for modification were
‘ged and overruling general demurrer
“ereto was error,

Judgment reversed.

'. Divorce €>303(3)
Where within 30 days after entry of
‘gment granting wife divorce, alimony
and Custody of minor child, husband filed
tition secking to modify that judgment as
» alimony and custody, but no approved
"ef of evidence was made part of peti-
“ea to rebut presumption that mother was

Proper person to have custody and entitled
to alimony allowed, no grounds for modifi-
cation were alleged and overruling of gen-

eral demurrer was error.

2. Divorce €=245(3), 303(3)

Where a judgment is entered granting

mother custody of minor child and alimony,
law presumes that evidence showed that
mother was a proper person to have custody
and entitled to alimony allowed and to con-
stitute good and sufficient grounds to mod-
ify that judgment, petition should contain
an approved brief of evidence rebutting
that presumption and in absence of such
evidence no grounds for modification are
alleged.

Bell & Bell, Macon, for plaintiff in error.
No appearance for defendant in error.

Syllabus Opinion by the Court.
DUCKWORTH, Chief Justice.

The exception here is to a judgment over-
ruling a demurrer to a petition filed by the
husband within thirty days after the judg-
ment of divorce, alimony, and custody of
the minor child to the wife, secking to mod-
ify that judgment as to alimony and cus-
tody; and no approved brief of evidence is
made a part of the petition. Held:

[1,2] The law presumes that the evi-
dence showed that the mother was a proper
person to have custody and entitled to the
alimony allowed. To constitute good and
sufficient grounds to modify that judgment,
the petition should contain an approved
brief of the evidence, rebutting this pre-
sumption. In the absence of such evidence,
no grounds for modification were alleged,
and the court erred in overruling the gen-
eral demurrer thereto. Allison vy. Allison,
204 Ga. 202, 48 S.E.2d 723; Huguley v.
Huguley, 204 Ga. 692, 51 S.E.2d 445. The
subsequent judgment of modification is
therefore nugatory.

Judgment reversed.

All the Justices concur.

italian

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572 Ga. 181 SOUTH EASTERN REPORTER

G. P. McRae was convicted of mur-
der, and he brings error.

Affirmed.

Frank A. Bowers, James R. Venable,
and Robert McGinley, all of Atlanta, for
plaintiff in error.

H. G. Vandiviere, Sol. Gen. and A.
J. Henderson, both of Canton, M. J.
Yeomans, Atty. Gen., and B. D. Murphy
and Jno. T. eta Asst. Attys. Gen,
for the State.

‘Syllabus Opinion by the Court.

PER CURIAM.

After careful consideration of the mo-
tion for a new trial, the court is unan-
imously of the opinion that no reason ap-
pears why the judgment refusing a new
trial should be reversed on the gener-
al grounds of the motion, or, in so far
as sufficient to raise a question for deci-
sion, on the special grounds other than
ground 7. The majority of this court
are of the opinion that ground 7, which
‘complains that the judge in his charge
intimated or expressed an opinion in its
nature interfering with the unquatified
right of the jury to determine for it-
self, either with or without reason, wheth-
er the defendant will suffer life impris-
-onment instead of being executed, is with-
out merit.

Judgment affirmed.

All the Justices concur, except RUS-
SELL, C. J., who dissents.

RUSSELL, Chief Justice (dissenting).

It is unnecessary to cite the numer-
ous decisions of this court which have
announced, and several times forcibly re-
iterated, the proposition that it is the
right of the jury (after having deter-
mined that the defendant is guilty of
murder) to say, by their recommendation
of life imprisonment or to the mercy
of the court (if either be stated in their
verdict), that the defendant not be elec-
trocuted. Any intimation by the court
that in the slightest degree tends to pre-
vent the jury from exercising their right
to substitute life imprisonment for cap-
ital punishment impinges upon the un-
qualified right of the jury to relieve the
accused from a sentence of death and
to allow him at least to retain his life.
Under all the previous decisions of this

court, the trial court is to leave the ju-
ry to exercise its prerogative without even
the slightest suggestion of any reason
which might tend in any degree to in-
duce the jury to refuse the recommenda-
tion. In my opinion, when the judge
told the jury that “in all cases it is the
right and province of the jury, in the
event they convict the defendant, to rec-
ommend that he be imprisoned for life,
or recommend him to the mercy of the
court, which would mean that he would
be imprisoned for life, unless pardoned”
(italics mine), he at least suggested to
the jury one reason why a recommenda-
tion to life imprisonment would be in-
effectual, from which it would natural-
ly follow in the minds of the jury that
the defendant, if pardoned, would receive
less than life imprisonment.

It must be remembered that it is not
necessary that the jury have any rea-
son at all, if they desire to make a rec-
ommendation, under all the previous de-
cisions of this court; and I cannot un-
derstand why this suggestion from the
court, coming from the mouth of the
judge, might not create in the minds
of some of the jurors, who might over-
persuade their fellows, the conviction that
they ought not to take any chances by
granting a recommendation. Under the
previous rulings..of this court no reason
need be given, because the jury are not
required to have any reason for their
grant or refusal of a recommendation.
The jury could, from pity or sympathy
or anything entirely within the law or
the result of the law or of any enforce-
ment of the law, make a recommenda-
tion, and the court’s suggestion to them
that, inasmuch as if they recommended
the defendant to life imprisonment, their
recommendation might be supplanted by
a pardon, with the result that the con-
vict would escape the penalty the jury in-
tended to inflict, interfered with the ex-
ercise of their right to recommend clem-
ency. The thought of the pardon might
never have occurred to them but for this
suggestion from the court. If the court,
in any case where the defendant asks
for a recommendation, suggests to the
jury any reason why the recommenda-
tion should perhaps not be granted, it
comes from such a high source that, as
a practical matter, the jury will seldom
disregard the suggestion, and our previ-
ous decisions upon this subject will be
obliterated.

LATHAM & SONS vy. HESTER Ga. 573
181 S.E,

LATHAM & SONS v. HESTER.
No. {0636.

Supreme Court of Georgia.
Sept. 16, 1935.

Syllabus by Editorial Staff.

Judgment ©853(3)

Levy of execution on judgment before ex-
piration of seven years’ limitation held dis-
missible on ground of dormancy of judgment,
where levy was not entered on general execu-
tion docket within seven-year period (Laws
1910, p. 121; Laws 1920, p. 81).

RUSSELL, C. J., and BELL, J., dissent-

ing.
pea en Secs

Error from. Superior Court, Cherokee
County; J. H. Hawkins, Judge. ,

Execution proceeding by W. A. Latham
& Sons, wherein Boy Hester was claim-
ant. To review a judgment. sustaining
claimant’s motion to dismiss the levy, plain-
tiff in execution brings error.

Affirmed.

On March 13, 1926, a judgment was ren-
dered against W. L. Cloud and another per-
son. .Execution issued thereon was, on
March 19, 1926, duly entered on the gen-
eral- execution docket.. Subsequently ..W.
L. Cloud conveyed, certain realty to Boy
Hester... On March 10,.1933, the execu-
tion: was levied on the land, but the levy
was not entered.on the execution docket.
Boy Hester interposed a statutory claim
on June 10, 1933, more than seven years
after the ‘entry of the execution on the
execution docket. The claim case came on
for trial on August 8, 1934, before the
judge without a jury, upon an agreed state-
ment of facts, which showed the case sub-
stantially as indicated above. The judge
sustained the claimant’s motion to dismiss
the levy on the ground that the judgment
was dormant. The plaintiff excepted.

Howell Brooke, of Canton, for plaintiff
in error.

E. M. McCanless, of Canton, for defend-
ant in error.

Syllabus Opinion by the Court.

ATKINSON, Justice.

The Act of 1910 (Ga. Laws 1910, p.
121) declares, in part: “Any judgment
hereafter rendered in this State shall be-

come dormant and shall not be enforced,
if seven years elapse before execution is
issued thereon and entered on the gener-
al execution docket of the county where-
in such judgment is rendered.” The Act of
1920 (Ga. Laws 1920, p. 81) declares:
“Such judgment shall likewise become
likewise dormant if seven years shall elapse
at any time after said execution is issued
thereon without an entry on the execution
by an officer authorized to execute and re-
turn the same, and such entry recorded on
said docket, and a second record of said
entry shall be made on the General Execu-
tion Docket of the date said return is filed in
addition to the entry which is made on the
docket of the date that the execution was
originally entered; provided, however, that
no second record need be made on the
General Execution Docket if the date that
the entry is filed is less than seven years
from the date of the execution; with the
date of such record entered by the Clerk.
* * * Tt shall not hereafter be neces-
sary in order to prevent such dormancy
that such entry be recorded, or such execu-
tion entered on any other dockets.” The
act of 1920 was passed subsequently to the
decisions in Oliver v. James, 131 Ga. 182,
62 S. E. 73, Craven v. Martin, 140 Ga. 651,
79 S. E. 568, and is applicable to the in-
stant case, which arose prior to the effec-
tiveness of the Code of 1933, § 110-i001.
Under proper construction and application
of this law, the entry of levy not having
been entered on the. general execution dock-
et, there was not such compliance with the
requirements of the act as will prevent
dormancy. The judgment was dormant,
and the trial judge did not err in render-
ing judgment against the plaintiff in fi.
fa. The case is not controlled by the rul-
ing in Hollis v. Lamb, 114 Ga.-740, 40 S.
E. 751, decided prior to passage of the act
of 1910, supra.
Judgment affirmed.

All the justices concur, except RUS-
SELL, C. J., and BELL, J., who dissent.

RUSSELL, Chief Justice, and BELL,
Justice (dissenting).

The question of dormancy should be de-
termined as of the time of the levy; and
the judgment not being dormant at. that
time, it did not become so as to the par-
ticular property levied on, merely because
the entry of levy was not i atl noted
on the execution docket.

€=For other cases see same topic and KEY NUMBER in all Key Number Digests and Indexes

OH ee Se

Gc pn baa on Mor, sO le las ates ii: palit

Ror

URIVE

570 +58.C.
1933, C. H. Moore, vice president of the
corporation, sent the following telegram to
A. J. Hambrick, the superintendent of its
stores in South Carolina: ‘Check John
Thomas out immediately. $149.00 short.”

The action for libel and slander fol-
lowed.. The complaint states three causes
of action, viz.:

(1) That the defendant Hambrick and
other agents of the corporation reported to
the company’s home office that plaintiff was
short in the sum of $149, and requested in-
structions by wire what to do about it;
that Moore acting jointly with the defend-
ant Hambrick and for the corporation, is-
sued “the above false, malicious, defama-
tory and libelous telegram.”

(2) That Hambrick upon receipt of the
telegram went to the Easley store, “and
while acting within the scope of his au-
thority, wickedly intending to injure the
plaintiff in his business, reputation, and
good name, did jointly for himself and de-
fendant corporation, maliciously and false-
ly issue, publish and circulate the aforesaid
false and defamatory matter of and con-
cerning plaintiff by reading the said tele-
gram aloud in the presence of clerks, custo-
mers and other persons in the said store,
and by permitting J. H. Hudson and others
to read the said telegram; that the de-
fendants by their joint publication afore-
said meant to and did charge that plaintiff
had committed a breach of trust with
fraudulent intent. * * *” (Italics add-
ed.)

(3) That Hambrick, while at the Easley
store and acting within the scope of his
authority, jointly for himself and the de-
fendant corporation, and willfully intend-
ing to injure plaintiff in his business, good
name, and reputation, uttered and published
the following false and slanderous matter
of and concerning plaintiff in the presence
of clerks, customers, and others: “You are
short with us $149.00. We are satisfied
you are guilty. We are through with you
and want you to leave our store immedi-
ately.”

It is pertinent to say that the defendants
for answer said, among other things, that
the language contained in the telegram,
viz., “$149.00 short,” was not intended to
and did not charge Thomas with misap-
propriating money with fraudulent intent,
but was meant to show that the store of
which plaintiff was manager showed an
operating loss of $149 from June 29, to
July 18,

181 SOUTH EASTERN REPORTER

The jury found a verdict for plaintiff of
$10,000 actual damages against the cor-
poration, and $200 actual damages against
Hambrick, on the second cause of action.
Thereupon plaintiff's counsel suggested
that the jury find for the defendants on the
first and third causes of action, to which
defendants’ counsel consented. Whereup-
on the jury rendered the following verdict:
“On the first cause of action we find for
the defendant no cause of action. W. A.
Perry, Foreman. On the second cause of
action we find for the plaintiff ten thousand
dollars actual damages against the South-
ern Grocery Stores, Inc., and two hundred
dollars against A. J. Hambrick. W. A.
Perry, Foreman. On the third cause of ac-
tion we find for the defendant no cause of
action.”

No rule of law is more clearly estab-
lished in this jurisdiction than this: In an
action against a master and servant for
negligence or a tort committed by the serv-
ant, whose wrong is imputable to the
master, the amount of actual damages
awarded against the master cannot exceed
the amount awarded against the servant.
It is needless to cite authorities. It will
not be denied that this is the established
law of the jurisdiction,

It would seem clear then that the ver-
dict which assesses $10,000 against the
Southern Grocery Stores and $200 against.
Hambrick cannot stand.

But it is argued in the main opinion
that there is proof that the corporation
acted through another agent than Ham-
brick, to wit, C. H. Moore, who sent the
telegram to Hambrick, and that the jury
may have predicated the larger verdict
against the corporation on that view. The
sufficient answer to that proposition is that
the jury in express language has declared
that there was “no cause of action” on the
first alleged cause of action, which, as is
shown by the record, is based solely on the
fact that C. H. Moore, vice president of
the corporation, sent the telegram to Ham-
brick. In other words the jury, in effect,
has said that the sending of the telegram
gave no cause of action; that the telegram
in itself was harmless; that it only be-
came harmful through the action, conduct,
and language of Hambrick as set out in the
second cause of action. The jury did not
say we find for the defendant on the first
cause of action and stop there, but added,
as if to emphasize their meaning, the
significant words: “No cause of action.

é
’

McRAE
18

The testimony of Mr. C. H. Moore dis-
closes that on two other occasions Thomas
had been discharged for running short in
the production of business for the store;
that his importunities and relation of his
poor circumstances induced the corporation
to give him “another chance”; that the
corporation had shown great leniency to
and consideration for Thomas: that. the
language of the telegram “$149.00 short”
related to this shortage in production and
must have been so understood by Thomas;
there was never an intent to charge him
with a misappropriation of money with
fraudulent intent. Evidently the testimony
of Moore must have impressed the jury, as
it will impress any dispassionate person,
that it was true. Hence the jury found
that as to him there was no cause of action.

On the contrary, the jury must have
been deeply impressed with the evidence
that Hambrick needlessly published the
telegram, rudely told Thomas he was guilty
of breach of trust, and discharged him in
such manner as to cause him shame and
expose him to public criticism.

I submit that the whole verdict in its
final form bespeaks the thought and opin-
ion of the jury in the plainest and most
certain terms, to wit, that Hambrick by his
foolish conduct and language in the store
at Easley was the sole perpetrator of the
delict which brought about the action. It
appears to me that that is the only logical
and reasonable deduction which can be
made from that verdict. Any other must
Test on conjecture, or the hypothesis that
the jury considered Moore as partly re-
sponsible, in spite of the fact that the jury
exonerates him.

The question of the joint liability of
master and servant and the measure of
damages against them is treated in the case
of Kirby v. Gulf Refining Co., 173 S. C.
224, 175 S. E. 535, where some of the au-
thorities are collated. ;

In the case of Johnson v. Atlantic Coast
Line R. Co. et al., 142 S. C. 125, 140 S. E.
443, the jury found against the railroad
$1,500 punitive and $500 actual damages;
and against Dorsey, the agent, $300 puni-
tive and $200 actual damages. On motion
for new trial the circuit judge required
the verdict for actual damages to be
cqualized as between the defendants, but
Permitted the verdict to stand as to puni-

i damages. This was sustained on ap-
Peal.

_-—

v STATE as RP
In the case of Wecks v. Carolina Power
& Light Co., 156 S.C. 158, 153 S. E. 119,
121, this court said: “Undoubtedly, as the
appellant contends, the law is that where
a master and his servant are sued together
for the same act of negligence or willful
tort, and the master’s liability rests sole-
ly on the servant’s conduct, a verdict
against the master alone is illogical and
cannot stand.” Citing the Johnson Case
supra. :
I am in accord with the conclusions of
the main opinion except as it relates to the
difference found in the verdict against the
Southern Grocery Stores, Inc., and Ham-
brick. As to that I am obliged by my opin-
ion of the law applicable to the question,
and my view of the facts, to submit this
dissenting opinion.
I think the case should be sent back for
a new trial, unless within ten days after
the remittitur goes down the plaintiff shall
enter on the record of the judgment a
reduction of the verdict against Southern
Grocery Stores, Ine., from $10,000 to
$200 to equalize it with the verdict against
A. J. Hambrick.

McRAE v. STATE.
No. 10621.

Supreme Court of Georgia,
Sept. 12, 1935.

Syllabus by Editorial Staff.

Criminal law €=762(1)

In murder prosecution, instruction that
it was right of jury, in event of conviction, to
recommend that accused be imprisoned for
life, or recommend him to merey of court,
which would mean that he would be imprison-
ed for life, “unless pardoned,” held not erro-
neous as intimating or expressing opinion in-
vading jury's unqualified right to determine
whether accused suffer death penalty or life
imprisonment.

RUSSELL, C. J., dissenting,
<tetsieeonifbipeinces

Error from Superior Court, Cherokee

County; J. H. Hawkins, Judge.

@=For other cases see sume top’c and KEY NUMBER in all Key Number Digests und Indexes

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| MACK, Arthur large card

(Rae ae: doninlrethare

Mack, a 26myear—oldColumbus;—Sts5-Herro-ondt his friend,
Arthur Perry attended a party held RXR CESSER ROR
for the employees of the Tom Houston Peanut Coe, at the
—_—_fairgrounds—on—July30;-1937._Peputy Potice 6rricer
Charles R. Helton was in charpe of the cleamup of mater-
1als and equipment and had twice given Mack and Perry

= Vw 6
They were in the process of raiding the storeroom when’
Melton Surprised them and shot aes though not s erious~

about the body and face and he died before reaching the

nee. naps Tirst trial was over turned by the State

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SAB ABAD APE A AE AAU AAG EA ADEE

ed it trying to keep the Longley woman’s
child away from the closet.

While she had performed this ghastly

duty, Sally Vincent told detectives, she
had manicured her nails.

Previously, Margaret Longley had con-
fided to officers that she and Sally Vin-
cent, directly after Donna Marie Dixon
was tortured, raped and murdered
before their eyes, had gone to “have our
hair done.” .

On February 6, 1974, Timothy Wesley
McCorquodale was indicted by a Fulton
County Grand Jury for the murder of
Donna Marie Dixon, and he was bound
over for trial without privilege of bond.
Although police had earlier arrested both
the callous women witnesses and charged
them in the case, both were granted im-

“munity by the Fulton County
prosecutor's office in exchange for their
testimony against McCorquodale.

At the trial in April, under the authority
of Superior Court Judge Osgood

|| Williams, both Margaret Longley and

Sally Vincent repeated testimony they
'... had earlier given police. Assistant District
- Attorney Melvin England prosecuted,
and did a masterly job of leading the
female witnesses through their damning
testimony.

In: questioning the Longley woman )

regarding the point at which the defen-
dant had taken the clothesline cord and
actually begun to throttle the victim,
Prosecutor England stopped the flood of
testimony, saying: “Back up, just a
minute, and let me ask you—at the time
‘the defendant put the cord around Don-
na’s neck, did she say anything?” .
“She said, ‘Oh, my God; he’s going to
kill me!’” the witness replied calmly.
Continuing the horrible tale, England
probed again, “Can you tell the jury the

manner in which the girl’s ams and‘legs .

were broken?”
_ “Her arms and legs were held upright
and he stomped on them with his foot,”
the witness said.
“Can you tell me who did this?” -

- “The defendant,” the witness said,
pointing to McCorquodale where he sat,
. apparently emotionless, at the defense
table with his counsel He had earlier tried
to plead guilty to the charge of murder,
but this ploy had been refused by Judge
- Williams, who said he would have to
sentence the defendant to death and that
he did not want to take the responsibility

of doing that without the vote of a jury
and a full trial of the evidence.
‘Among the more revolting items of
testimony. was Margaret Longley’s
revelation that the Vincent woman had
~called her at work later on the day of the
murder and told her that the victim’s
‘-body was smelling up the apartment and
to tell McCorquodale to come and get it.

Sally Vincent, in her testimony, said

‘that she had remained in the bedroom
with the child while the actual murder
was committed, and had ventured out

«56

WAbay AOD MOV LAER RA 84

in its place on the living room floor, had
been covered with a sheet. Then she had
emerged, and had seen the body as it lay,
feet facing toward the bedroom where
she had been, under its cover of
bloodstained bed linen.

So much blood had flowed from the
trunk, this witness said, after the body
had been placed in it that they had had to
pad it with towels to absord the telltale
fluid. This witness also said McCor-
quodale had threatened to kill her if she
told police what he had done.

Medical testimony, sounding even
more gruesome couched in its scientific
terms, was given by Dr. Robert Stivers,
who pointed out the ferocious nature of
the sexual assault on the helpless victim,
stating that there had been rips in both the
vagina and rectum-~ resulting in
hemorrhage in both areas. He went
through the details of tortures and
mutilations recorded in his multi-paged
autopsy report.

The jury of 6 men and 6 women grew
paler and paler as they listened to the
medical man testify. In truth, the
evidence was enough to tum the stomach
of any normal person, and numerous
spectators, sickened, left the court
hurriedly. Much of the evidence is un-
printable.

The knowledge that there are people
like these, and groups of them, walking

up and down beside us on the streets of
our cities every day in the week, looking
just as normal as anything to the casual
glance, is enough to trouble anybody’s

Ve Ase As OAae VO AAL LAA WVU

_ continuing.

Oar typ Ada 4440 D0 Gaba eauy ay adage, ate

On April 12, 1974, the pitiless gf
Donna Marie Dixon stood to
sentenced to die, little more thay
later, in Georgia’s electric chair, Aj
sent understood that, due to
necessary for appeals, that date
possibly be met. It had taken
97 minutes to find him guilty,’

Later, in December, 1974, the
Supreme Court denied McC
appeal, upholding introdu
evidence of his written confess
Atlanta police and their subs ’
search of the Longley apartment:
had been the defense lawyer's n main,
on appeal. The attomey promptly,
for newsmen that he will eith
George court to reconsider
direct appeal with the U
Court.

Timothy Wesley McCarey
the present writing, confined with
institutions of the Georgia Peng
pending outcome of his app

The shadowy accomplice, *
yet to be identified or located, and
even known if Leroy is his
Attempts to locate and idee

DITORS NOTE:

Margaret Longleyand Sally’
are not the real names of the pe
named in the foregoing’ stor
titious names have been used]
there is no reason for public ini
the identities of these perso

Set Up For a Drug Bust...

ed “Johnny.” Anderson went to the
phone. It was an agent in the DEA office
telling him that everything was set at the
motel and that he was in Room 50}. He
advised Anderson that other agents were
in an adjoining room, and that the agent
with the money was in a third room. |

At 4 o'clock the men arrived at the
Prom Sheraion. Anderson went to the
registration desk and asked for the key to
Room 501. He was handed a key and the
men proceeded to the room.

' . Inside the room, Anderson told Orr

that he was going to search him for a
weapon before he called his partner to br-
ing the cash. Orr shrugged and told him to
go ahead. The search did not produce a
weapon and Anderson called the other
room. When the phone in that room was
answered Anderson announced that it
was all right to bring the money to 501.

Five minutes later, the other agent
entered the room carrying an attache
case. He put the case ona table cal Agent
Anderson told Orr he could count the
money if he wanted to. Orr wanted to. It
took him nearly 10 minutes. When he
finished he told the agents that it was

. sucker that he had seen the moi

(from page:

about $1,000 short. The second
Anderson that some of the mone
still out, but that he would have
p.m.
Anderson turned to Orrand t d
could hold out 10,000 tablets im
got.the other thousand if he wantes
Orr hastily assured the agent thé
not important and that he’d Bet
400,000 mini-whites.
The second agent closed die
case and started to leave. he told
son he would be in his room-a
him when he was ready to go.
At 5 o'clock Orr called Hun
residence in Independence. Het

although it was about a thousand
everything looked all right. Orr
ed, “Have you got the stuff y
listened briefly then hung up.
Anderson that Hunsucker did not®
the whites at his house but that they Wi
being delivered from another loca
Independence.

Another hour passed, aut
Anderson suggested to Orr that }
Hunsucker again and:find out whe

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170 SOUTH EAS

Syllabus Opinion by the Court.
HILL, Justice.

1 1. The Civil Code (1910), § 4955, pro-
vides, with reference to attorneys at law:
“They haye authority to bind their clients in
any action or proceeding, by any agreement
in relation to the cause, made in writing, and
in signing judgments, entering appeals, and
by an entry of such matters, when permissi-
ble, on the dockets of.the court; but they
ean not take affidavits required of their cli-
ents, unless specially permitted by law.” Ac-
cordingly, a pauper affidavit filed by the
plaintiff in error, and witnessed by a notary
public who is the attorney representing the
plaintiff in error, is void. See Moultrie Lum-
ber Co. y. Jenkins, 121 Ga. 721, 49 S. B. 678;
Wilkowski vy. Halle, 37 Ga. 678, 681, 95 pes
i 374; Nichols v. Hampton, 46 Ga. 253

: [2] 2. This case having been submitted sub-
ject to payment of costs, and it appearing
that the costs have not been paid, and there
being no pauper affidavit as required by law
the writ of error must be dismissed: :

All the Justices concur.

McCULLOUGH vy. STATE.
No. 9481.

Supreme Court of Georgia.
July 12, 1933.

1. Criminal law €=918(2).

Ground for new trial held not to show
that substantial sequestration of witnesses
put under rule was not accomplished.

Ground alleged error of court in not
placing witnesses in such place that they
could not hear other witnesses as they
were being interrogated upon the stand
and alleged that witnesses were put in a
room just behind the witness stand with
nothing to prevent all witnesses hearing
the testimony of other witnesses except
fact that a thin wooden door was between
the witness stand and premises occupied
by other witnesses. Judge’s note to

TERN REPORTER

2. Criminal law €=782(5).

: Evidence of deceased’s awareness of his
dying condition held sufficient to authorize
charge on dying declarations.

3. Homicide €=250.

Nvidence held t i
: | to sustain murder convic-
ea onvic

Syllabus by the Court.
sclasliltaleertar tc solttesat sr ee,
eg Ps tabicd rence to the sequestra-

2. The evidence authorized the charge up-
on the subject of dying declarations.

8. The verdict was amply s
the evidence. ee

Harter from Superior Court, Fayette Coun-
ty; Wm. E. li. Searcy, Jr., Judge.

Andrew McCullough was convicted of mur-
der, and he brings error,

Affirmed.

Chester A. Byars and R. A. Hartley, both
of Griffin, for plaintiff in error. .

M. J. Yeomans, Atty. Gen., B. D. M
and Jno. T. Goree, Asst. Attys. Gane ae
Owen and W. H. Connor, Sols. Gen., both of
Griffin, and J. W. Culpepper and F. A. Sams
both of Fayetteville, for the State, >

BELL, Justice.

Andrew McCullough was convicted of the
offense of murder in the killing of W. B
Baker. The court refused a new trial ‘and
he excepted. The motion for a new trial eon-
tained the usual general grounds and three
special grounds; but the first special ground
is not referred to in the brief of counsel for

the plaintiff in error, and is treated as aban-
doned.

{1] 1. The second special ground was as’
follows: “The court erred in not placing
witnesses in such place that they could not
hear other witnesses as they were being in-
terrogated upon the stand. That witnesses
were put in a room just behind the witness-
stand with nothing to prevent all witnesses
hearing the testimony of each and every writ
ness; except the fact that a thin wooden
door was between the witness-stand and the
peemisene occupied by the other witnesses.”
The judge made the following note to this
ground: “The witnesses were put under the
rule, The only available place to put them
and the place used for the past 18 years

ground stated that the only available place
to put the witnesses and the place used
for 18 years was the jury room, a lathed
and plastered room to the right and rear
of the bench and witness stand, and that a
bailiff was put at the door, which was kept
closed at all times.

since I have been on the bench, was the jury
room—a lathed and plastered room to the
right and rear of the bench and witness-stand.
A bailiff was put at the door, which was kept
closed at all times.”

From the foregoing it does not appear that
any witness heard the testimony of any other

F >s see & . x
>For other cases see same topic and KEY NUMBER in all Key Number Digests and Indexes

McCULLOUGH v. STATE Ga. 221
170 S.E.

‘witness, nor therefore that substantial se-

questration was not accomplished. Certainly
it is not apparent that any error was commit-
ted by the trial court. In Davis v. State,
120 Ga. 843 (2), 48 S. E. 305, this court said:
“On the trial of a criminal case, where the
rule for the sequestration of witnesses has
heen invoked, the fact that one offered as a
witness has heard the testimony given by oth-
er witnesses does not render his testimony
incompetent, and the admission of the evi-
dence of such a witness is not cause for a
new trial.” As stated above, the motion here
even fails to show that “such a witness” tes-
tified. Nor would the case be different if
we ignored the rule that a ground of a motion
for a new trial must be complete within it-
self. On this point the most that is shown
by the brief of evidence is that one witness,
though able to hear yoices in the courtroom,
could not understand what was said. See, in
this connection, Betts v. State, 66 Ga, 508
(3); Taylor v. State, 182 Ga. 235 (2), 63 S.
FE. 1116; Whigby v. Burnham, 185 Ga. 584
2), 69 S. BE. 1114; Withrow v. State, 136 Ga.
337 (6), 71 S. E. 189; Groover v. Simmons,
161 Ga. 93 (2), 129 S. E. 778; Pope v. State,
42 Ga. App. 680 (7), 157 S. EB. 211.

[2] 2. In the third special ground error
was assigned upon a portion of the charge
relating to dying declarations. While the
motion alleged that this charge was mislead-
ing and confusing and “not sound as an ab-
stract principle of law,” there was no al-
lusion to these assignments in the brief, and
they too will be treated as abandoned, But
a further exception that the charge was not
authorized by the evidence was duly argued.
and that question is before the court for con-
sideration, It is insisted that the record
fails to show that the deceased was ever in-
formed or knew that he was in a dying con-
dition, and that for this reason it was error
to instruct the jury upon the subject; not-
withstanding there was evidence of a state-
ment made by the deceased a short time be-
fore his death. The evidence showed the fol-
lowing facts: The deceased owned and resid-
ed upon a farm in Fayette county. On a cer-
tain afternoon he received a message that a
disturbanee was taking place at the house
of one of his laborers. Ile and a son, Dr.
Pope Baker, immediately went to the scene
in an automobile, and found the defendant,
Andrew McCullough, and his son Alvin Me-
Cullough, on or near the premises, As the
deceased stepped out of the car, he was shot
with a pistol by Andrew McCullough; the
bullet entering and penetrating his abdomen.
On receiving this wound, the deceased “threw
up his hands and fell in a sort of sitting
posture.” Dr. Pope Baker was also shot by
the defendant. The deceased and Dr. Baker

presently got back into the car and returned
to his home. The deceased djed about three
hours later while being carried to Atlanta
in an ambulance. Tom Woolsey, as a witness
for the state, testified as follows: “I knew
Mr. W. B. Baker. * * * IT saw Mr. Baker
that afternoon. I saw him in ped in his room,
that was after the shooting. He was in his
right mind, but I don’t know how long he
lived after that. He made a statement while
I was there. He was conscjous of his con-
dition. When I walked in the room to the
foot of his bed, he said, ‘Lord have merey
Tom, do something, the old man MeCullough
shot me right here;’ and he says, ‘They have
already killed Pope too.’ And I says, ‘Mr.
Baker, what can I do? and he says, ‘You go
tell Sheriff Adams that I said for the Lord's
sake to do something with the MecCuiloughs.’
He didn’t say any more. I turned and come
out and come on to Fayettevjlle and told Mr.
Adams what he said. I diq not get in the
ambulance to go with them. I didn’t ask
him anything but this. I asked him what
I could do; that is all I asked him, He told
me old man McCullough shot him. His exact
language, ‘The old man McCullough shot me
right here.’ I saw the wound.”

There is no contention that the deceased
was not in fact in a dying condition, and his
statement, “They have already killed Pope
too,” indicated a consciousness that he him-
self had been mortally wounded. “Tt is not
necessary that the person whose statements
are sought to be introduced should express
himself as believing that he is in a dying
condition. Consciousness of his condition
may be inferred from the nature of his wound,
or from other circumstances.” Anderson yY.
State, 122 Ga. 161 (1), 50 S. B..46,.47. << "A
prima facie case is all that is necessary to
carry dying declarations to the jury. When
this has been made out, the declarations are
admitted, and the ultimate determination as
to whether or not the person making them
was in articulo mortis and realized that death
was impending is for the jury.” Findley v.
State, 125 Ga. 579, 54 S. HR. 106. See, also,
Johnson y. State, 169 Ga. 814 (8), 152 8. FE.
76; Rounds vy. State, 174 Ga. 308 (2), 162 S.
KE. 696. The charge on dying declarations was
fully authorized by the evidence.

[3] 3. There was no merit in the general
grounds of the motion for a new trial Un-
der the state’s evidence the defendant shot
and killed the deceased without the slightest
excuse or provocation. The defendant intro-
duced no testimony, but relied solely upon
his statement. The court did not err in re-
fusing a new trial,

Judgment aflirmed.

All the Justices concur,

eke)/\4

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PSCURIVEN AT THE GIBBET.

2,000 PHOPLE WITNES# THE
HANGING OF M'COY.

The Murderer's Neck Mroken hy the

Fall and Death Apparently Palolesa .

—The Story of Nte Cowardly Crimea—

Other Crinies Exptated In the Noose,

SYLVANYA, Ga., June 20.— Robert Mo-
Coy, a penn, WAR banged hase to-day in
the presence’ of over 2000 people, , ‘This
Wan tho first hauging ‘that hyd takeu
plyce in Seriven county alnes i860, and It
keeined naif almoat the entiro male popur.
Intien had turned out to Kee this willful
murderer expiate his crime upon the gal-
lows, About 12 of'elock Sheri RT.
MitIn enteral the jail with on guxrd to
bring the prieoner forth, McCoy waa a
dark mulatto of modsum gize and seem.
Insly nbout v0 veark old. When upon tha
gallows he requested that a negro
preneber come up and hold prayer
with bin. Thia was (lone,- and
Rhymn wassung hy the colored people
prevent, The death warrgnt wars then
read My, the Sherif and amer that, when
asked If be hud anything to say, bo statel
that he was reudy to gv, that he haf for.
given all those who bated bim and that

he believed that God would) take hin |

home. He said alay that be didn’t slip up
behind Miller and strike pim as was
Charge? ayainathim. He appeared to be
woderately Calin and was praying to the
Inst. The cap being udjusted over his
head by the sheriff nnd all things being
ready, the prop’wis jerked out fn an in-
stantand the negro e@liot five fect below,
his neck belog broken by the full, There’
were slight convulsions of the body fora
few mivutles and then all wae quiet, The
work of death was done and justice ooula
aak no more, for the murder of Jim Miller
wad fully avenwed. ‘At nine infnutes
aftor the fall Dr, Douglaa ‘pronounced
McCoy dead, his pujec having ceased to
bent. ‘é

M’COY’S CRIME.

McCoy could show, It is said, as bil
Hant arecord in the way of criminal re-
nown as anyono. of hia age in the land.
He wana Carolina negro, and it was w
avold the consequences of some dark rot
committed there that bo “‘orossed the
river’? and rested safely for a while Jo the
bounds of thle county. The unfortunate
victiin to bis desiyna waa James S\!ller,
a brave and promising yofting man Hying
In the naighborhood of Rocky Ford, on the
Coutral Railroad. Mr. Miller was acon-
-stablo In the Kightieth district -In- this
county, anda warrant had beon placal
in his hands for the arreat of MceUVoy.
Some Ume previourn to hia death ne had
asucoocded In capturfag the negro, but in
aomo way ho had ahah to esvape., On
the aferuoon of Noy, 20, 1X84, Miller rode
up to the etore of Qvorge Ileard at Rook
Ford, and bitobing bis borse, weut In an
talked for a sbort while with Janes Naw-
ton, tho clerk. In the ocourke of a few
minutes Miller had occaston to go-out
back of the store.

[ Me Coy ]
TWO HKAVY HLOWE HeaRD,

Very soon after Mr. Newton heard two
heavy blows anda groan issue from the
rear of the house. Hastening there ba
found Miller tying upon the ground bleed.
ing profuscly froin two ugly wounds In
the bead, and McCoy running through
the woods about forty yards away, -Mr,
Newton fred at the fleaing negro twioe,

P but nelther shot tooketfect, By the sic

ofthe woundel man was found a heay
White pine board with blood upon it. This
bourd was introduoel xs ovidence at the
trial, and Dr. Alex. Mathews, the attend-
Ing phyaslosan,? swore, that in bis opinion
the wounds on Mr. Miller's head were
made with that bonrd, that it was a
weapon likely to produce death, and that
owing tothe-nature of the wounds t
blows muat neccessarily have been struc
from Debind. Mr, Miller was unconsolous
mostof the time until his death, which
occurred that night, and never sald any-
thing In regard to who atruok him. The
murderer was oapturead nextday, and ap-
poared quite surprised when told that he
had killed Mr. Miller, Hop-has nerer
dented striking the . decessed, but
srid that te did it In weltdofans
and that be didn’t menn to kil
him. The prisoner seerned to take
tho affair unooncernedty up to the tlma of
thetrial, When making his atatement to
the Jury, however, hia volea wag exnaad-
ingly tremulous, When Judge: Carswell
pRirws sentence of dunth upon him he
etrayed no wigns ofemotion, buf aitting
down Jooked Intently before him for
many minutes, astf ha were gazing deeply
Int the dark anid hopeless fisttire that td
hefore him. Recently hr has talked but
little, and at all times scemed wrapped [n
reverfe. He warn apparently afeant 20

apears, of AXO.: ~

abe a

When the guards came for
_ DuPre, he asked: ‘‘What about
‘Luke—has he gone?” gud they
said he had gone. <*>".
x *

THE NIGHT before his ie
& ing, Frank DuPre washed and
~ironed his proudest possessions
.—two silk shirts of the kind
_that were synonymous with the
hot sports of the era. One he
‘wore to gallows. The other he

eee

:sent to the 16-year-old girl for

Ss whom he had tried. to steal a

Sips oat

;t ; big diamond ring.

’

«Betty Andrews, living in the
Childs Hotel on Broad street,
had been much admired by
Frank DuPre, aged 18, a job-
less dandy who lived however
he could on the Atlanta streets.

Betty saw the two-carat dia-
mond in the jewelry store of
Nat Kaiser at 3 Peachtree St.
(Kay’s Jewelry Store is there
now). Betty let Frank know
she’d like to have that dia-
mond for a Christmas present.

Frank went and got it.

a . ,

HE ENTERED’ the _ ‘shop,
asked to see it, stuck it in his
pocket and ran for the door.

.4 His way was blocked by Pinker-

ton detective. Irby C. Walker.
DuPre snatched an automatic
from his pocket, shot Walker
dead: and dashed out onto
Peachtree street, eading
north.

ca i He ‘dodged 3 into the ‘Peachtree

entrance to the Kimball House,”
where City C o mptroller
B. Graham West happened to

Pre plugged the city official,
‘seriously wounding him, though
he eventually recovered. =
DuPre went to the Childs Ho-
tel and presented the ring to
Betty. But she no longer want-

_ ed it — not under the circum-

stances, at any rate. DuPre
Chattanooga.

stopped.

*« * 2 ‘

hired a taxi to take him to .
There his trail.

Pari ts'," gb oF NG. cn Sot = 4%

more money. He were ‘ike ad-
dress: where it was to be sent.

‘And there the police found him.
ae =Betty, throughout, had abet-
ted the police as she could. Du-
Pre never showed any resent-
ment. Perhaps he knew a girl
like Betty hadn’t much choice
when it. came to cooperating

with, the law. His devotion, did

7 ‘

not falter. ;
DuPre (like the sewanngeral:

‘had been hoping for a farewell

be and tried to stop him. Du-.

between the pair. But that was |
denied. —
DuPre, however, felt that she

was somewhere in the Fulton ‘

. Tower — somewhere within the

’ set out, walking unaided from *

BUT DUPRE was not one 6

-: allow his new notoriety to dis- :

tote .
weg? Po

aals

Le teen teen

3 for the Ting.

appear. From Detroit, he wrote

ity to capture him.

‘Unwisely, he wrote another

letter at the same time, to the
pawnbroker that paid him $600
lab demanded

a letter to the Atlanta police,:
taunting them for their inabil-

* in the Lord.

sound of his voice. And when he
his death cell on the first floor

he sang out:

nd.
x *« *

HIS WORDS were sincere.

” His contempt for the law, his
braggadocio *.

arrogance, his
were gone. He had put his trust

But he still loved the lime-

light. Passing a barred window

B 4 tlanta Cons titutio x
ie Co “in: paca .
fw and he has dug up:.

“glippings to correct the errors
‘poost the last legal ‘hanging : “in

ace ;

TAYLOR. Tr WAS: “who | “per:
‘suaded the reluctant Mr. Gas-
Yque that DuPre was genuifiely | ©.
“srepentant, and who brought him |:
4. 3 ito the cell for his first- inter-

. Wes oe

ts, By!

He was in ‘on the. conversion ;
“of James’ B.. Satterfield, “tod. |"
Satterfield was converted -and | ¥:
-! baptized by the Rev. Caleb. A
: “¢ Ridley, pastor of. Central Bap:
4 -\tist Church. ~ > of

EN, SSE ane Be sae
- Boyd Taylor Was “assigned . ‘to
#;spend the morning. of Satter-
tfield’ s day of execution with the
+ prisoner. He had covered. tio
hangings for his paper, those ‘of [>

Spee a ‘Luke McDonald cand hi ee

wee B. SATTERFIELD “eat! DuPre. sigh, Ma a Bl

zt" Executed in 1924 ~ “That was all I could take,” <
tee “ cae a Mr. Taylor says. :“‘I’ve never |:
and hcden the bars. “Good. * #

understood how Sheriff Lowry

by, everybody!” he shouted. >
“The people cheered wildly... 4
“Goodby, Frank!” . they yelled . t hangings." eat PSE:
' back. *-. + a ey
+“'Fhe Rev. G. W. Gasine. rece:
tor of the Episcopal Church of 5
the 'Holy Comforter; had bap-*:
tized DuPre in his cell. Bishop
ie

“TAYLOR SAYS he. “hollered :

calf rope to his city editor,”
‘ and that the editor agreed to-re-
lieve him of attending ‘the
actual: hanging if he filled the |
k

., H. J. Mikell confirmed him. On‘
i the day of his death, Holy Com-”
munion. was celebrated. The
service for those’ about to ‘die

yearlier’ ‘assignment. : During the -4
“morning, he, telephoned — items
‘to. ‘the late, great - reporter i

i
to the scaffold on the fifth floor, ¥
“Goodby, Betty! 1.3
_ hope to see you in Heaven!”

ok.

ead

on the stairs, he looked out and °
saw a crowd the newspapers :

estimated at 5,000 people, stand-

ing below, awaiting the execu- :

i
t

tion. Quickly DuPre me ition tee

- Was recited.
Powerful ‘elements sought to

aid ina, reprieve for DuPre.

Even Billy Sunday said. a word

-in his behalf. Sunday was an

evangelist of the day who had
lately conducted a revival in
Atlanta, during which practical-
ly the entire a hit the
sawdust trail.

from 1919 to about 1925. Part of
the time he also attended Em-
ory University and taught Span-
ish at Fulton High. He later be-

+ ans “Sa eS

ee OS “hie ae 4 prinkitaioteien pein,
oe .

Fuzzy Woodruff, in.the office .of
‘the Georgian, where the day’s
_ story was prepared. ...:+ »

_ Fuzzy — covered ‘the’ DuPre_

hanging for The Constitution,”
Taylor remembers. ‘‘By 1924,
he had transferred to the Geor-
gian. He arrived to relieve me
Pa the hanging assignment. ‘
~“But when Satterfield » "Fee

TAYLOR SAYS he ‘came: te
Sree Satterfield as he Ess

“ ’
eS .

rai mee a Sptiew I was ype be sa eg

‘ FOR FIRST- orma- | my arm and sai ay, you >
j tion about Frank DuPre and : wouldn’t run out on a pal, a
* James B. Satterfield, we are ~ would you?’ So that gon” _ i
’ grateful to Boyd. Taylor, a lt I'd give that poor bastard f
former Atlanta newspaperman, ‘ any consolation by attending his |:

2 sie a ie ig ryt as ‘Athen hanging, te ap caged be 2.
3 lames SByOE - ever muc rea ge
* tian who was on the police beat thought.” abet aes a
for the old Atlanta Georgian eee 3H a

rr. Turn to Page 3-E, Col 1"

SNe nes neSRC RSI IGE SIRE.

Papen = a ass

SEL

fs.

soaez MODGMALD,, take, _black,..hanged.at. Altanta,.

Pring We
vy fl el
Mig aarsak: NT teehee ? 4
" ae - a) oh wee eA, Mn ices
SBIR PSA ETE RTI PALA

eof “ie,

agiorseguappantce acces

oct 12

ici 4959 és ‘5 eae us | se pee ah + se ee fas RB beng Se
r By FRANK DANIEL. - Aity, “Smooth back my hair.” . concerned, that ‘prayer’ was -an-* =f for . instance, “hanged
: | sivered, The Georgia Legisla- another man on the same day

@elivered a homily against cap- ture of 1924 made the execution -¢hat DuPre died. The first vic-
im ‘tim, a Negro named Luke Mc-
onald, died an hour earlier.
Luke was a high tenor and
three singing preachers came
4o bring him consolation on his
ast day -on ‘earth. The - four —

wots fo 6

hanged in Atlanta? av 8o> . . Alal punishment. It was, accord- of criminals the state’s respon-
__ That isn’t an idle question. {ing to listeners, a 15-minute dis- sibility, no longer the county’s.

‘During the past generation @ purse, intelligent and certainly And the electric. chair replaced
w", thisconception, of :the facts. has Yea be eGrivictions—e=~ 2, te oct the bee). Oe ae ee
t gained ae Frency.... 32.» Only ‘once did “emotion over- - hanged, too, is the public at-
a Last Aug\423, : for. instance, “come him. That“-was-‘when he titude toward legal executions.
ei The -, Atlanta Journal-Constitu- “spoke of his daughter. Elizabeth Plainly, the task bore heavily \ 4 ade up a quartet. Presently,
‘tion’ blandly stated: ‘‘The last’ ‘ae
{ man hanged in the Fulton Tow-

‘Satterfield had been 14 at the - ugon the spirit of many an ,} hey began to sing. Their spir- _
ai ‘after, ‘sensitive at. being -in- ..{Today, three prison guards at -

“time of the. ‘killing. Shortly atherwise tough sheriff. ~" s.24Mituals, filled the Fulton Tower
Awith grief and longing and hope

volved in the tragedy, the girl. ‘Reidsville simultaneously press ° ‘and aspiration. Luke’s | tenor

took: her life. “She is the one buttons as a signal for electro- ani “pet ay Rte
who has really suffered in all cution. One of the three sends ““s, The whole ‘prison ‘knew the -

this,’ Satterfield said, and a‘charge through the man in “two men were to go. A hush —

N Shy “@iSatterfield, on the scaffold,

‘was strong and true. °)27*"

,
¥.
3
oe]

‘ sheriff’s. office, the

2 4 generale ‘and the Geor-" wept... 0 ighthes nN: the chair. But nobody knows .'; settled ‘early over the jail.
‘I gia Board of Corrections. News- -.Then he prayed. Not for him- which. The identification is’; Everybody heard the footsteps, ‘
+e -.. jactithe spoken . words, =the crash.

Papers often say the same. ; self; But that “Twill be the ~ secret. 0°. - crash |

Pegg MDa Em eo ees” 4 2 Jast man’to hang and that God: Raion e * at ho when the’ lever opened’ the trap
-.and ° will destroy every gallows.” {BUT HANGING a man was door that collapsed ‘under _ the

Et a ed 2 .4.*°"s opie all in the sheriff's day’s :>feet of and "hooded [ss Pe

"work. Sheriff Lowry of Fulton ~*victim. ° Ca se ae

FRANK DUPRE sho
killed an Atlanta detective om ~~. -.*: ree
Dec. 21, 1921. He was hanged "as FAR as Fulton C
* for his crime in Fulton Tower ; eyo. op =
= on Sept. 1,.1922. 45). }gterie ‘
But’ what about James B.
ge Satterfield, who shot B. H. Hart
s * in downtown Atlanta on Dec.
“27, 1921, escaped and: was at.
liberty for: well over a year be-
‘fore he was arrested in Los”
“1 Angeles, was brought back to
{i Atlanta by an aide in Solicitor
=== John A: Boykin’s office named -
SEA Bert Donaldson, was convicted, {
""Ttried, sentenced to death by §:
hanging, was lodged in the Tow-
ig wos OF escaped therefrom on the
“S0NE st eve of elections, (to the, deep
:. fembarrassment of Sh eriff.
-..+ John I. Lowry, who was run-
~. ning for office), was recaptured
“and returned to the Tower,
“s where he was hanged on May
23, 1924? aes
“.The last man Fulton County
.. hanged is a forgotten man.
“< Why? oi
‘vache * * &

acne “HE WAS at.least as sympa- [:
thetic as DuPre. During his last

feu weeks, one of the men who saw
o¢ him most decided that, if the
“aoe: facts of the case had come out
in the trial, Satterfield would
have escaped the supreme pen-
alty. .

On the gallows, Satterfield
was as manly and dignified as }:
DuPre, whose last request was
to the deputy who slipped the
death cap over his head. In so
doing, the doomed man’s well-
greased, carefully combed Ru-
dolph Valent ino hair was
mussed, and he asked the dep-

ounty is -

Bie

Y
r
+
t
e

New

MH aL If 20 bald rh a
as EieRaK ers
pie Ea Veae
oa

as
aoe Hack me
v. ‘eS

wal.
SON ET

Fee TACO’, ROWS. Uthex, nahah aylvknie Gcoraia. onS/26/2806"..

McCOY, Robert, black, hanged sylvania, Georgia, on 6/26/1885,,,

—

<_< ee

SCRIVEN AT THE GIBBET.
PBOPLE WITNESS THE
HANGING OF M'COY.

2000

The Murderer's Neck Mroken hy the
Fall and Death Apparently Paloless
—The Story of te Cowardly Crime—
Other Crines Exptated in the Moose.
SYLVANYA, Ga., June 2.— Robert Mo-

Coy, a peg, was hanged hase to-day in

the presence’ of over 2,000 people. , Thia

Was tho firet hauging ‘that by takeu

plyce in Beriven county ales 1X69, aud it

peered ag if almoat the entire male popur-

Intien bad turned out to ree this willful
murderer expiate his crime upon the gal-
lows. About 22 o'clock Sheril KR. T.
Milln enteral the jail with a guxrd to
bring the prieoner forth, MeCoy war &
dark mulatto of medfun. #ize and Beem.
insly nbout 20 years old. When upon tha
gallows he requested that a negro
prencber come Up and hold prayer
with bin, Thia was (one,- and
nhymn was sung by the colored people
present, The death warrgnt wor then
read by the Sherif and amer that, when
naked If be hud anything to «ay, bo atatel
that ha was reudy to go, that he hud for-
given all those who bated him and that
he belleved that God would take hiin
home. He said alay that he didn’t wlip up
behind Miller and strike Dim as Was
ébarged againat him, He appeared to be
moderately talin and was praying to tbe
Inst. The cap being udjusted over his
heal by the Sheriff ond all things being
ready, the
stantand the negro shot five fect below,

were slight conyulstous of the body for &
few mivules and then all wae quiet, The
work of death was dong and justice oould

wad fully avenged. ‘At nine infnutes
ater the fall Dr. Douglaaw ‘pronounced
McCoy dead, his pujse having ceased to
bext. 2

M’COY’S CRIME.

McCoy could abow, itis aaid, as bab
llant a record in the way of criminal re-
nown av anyono. of bia again the land.
He wana Carolina negro, and it was w
avold the consequences of some dark aot
committed there that bo “crossed the
river” and rested safely for a while Jo the
bounds of thle county. The unfortunate
victiin to ble deslyna waa James S\'ller,
a brave and promising young ian iiving
in the neatghborhood of Rocky Ford, on the
Central Railroad. Mr. Miller was a con-
-etablo In the Kightleth district Inv this
county, anda warrant had beon lade!
in his hands for the arrest of McUoy.
Some me previoun to hin death ne had
sucoocded In capturing the negro, but iu
somo way he had nmnaged to esoape. On
the afteruoon of Noy. 20, 1886, Miller rode
up to the store of George Ileard at Rook
Ford, and bitobing bis borse, weut in an
talked for a sbort while with Janes Naw-
ton, tbo clerk. In the course of a faw

back of the atore.

rop’was jerked out In an in-

hie neck belpg broken by the full, There*

TWO HKAVY BKLOWS HEARD,

Very soon after Mr. Newton heard two r
heavy blows anda groan ijesve from the
rear of the bouse. Lastening there be
found Miller tyiug upon the ground bleed-
ing profusely from two ugly wounds In
the bead, and McCoy running through
the woods about forty yards away. Mr.
Newton flred at the fleaing negro twioe
>but nelther shot took effect. y the sic '
ofthe wounded man was founda heavy
white pine board with blood upon it. This
bourd was Introduce: xs evidence rt the
trial, and Dr, Alex. Mathews, the attend-
ing physician; swore, that in bis opinion
the wounds on Mr. Miller’s bead were
made with that bonrd, that it was a
weapon likely to produce death, and that
owing tothe nature of the wounds t
blowa muet necessarily have been Sreuck
from bebind, Mr, Miller was unconsolous
mostof the time until hia death, which
occurred that night, and never sald any-
thing in regard to whoatruock him. The
murderer was captured nextday, and ap-
poared quite surprised when told that he
had killed Mr. Miller, Hojhas therer
dented atrikxing the . deceased, but
sald that te did ft In seltdelanac
and tbat be didn’t menn to kil
him. The prisoner seemed to take
tho affair unooncernedty up to the tlma of
thetrial, When making his atxtement to
the Jury, however, his volea wae excent-
ingly tremulous, When Judge: Carawell
eon sentence of death upon him he
vetrayed no wiens ofemotion, bug aitting
down Jooked Intently before him for
many minutes, astf ha were paring derply
Int) the dark andl hopeless fistiire that las
before him. Recently be hes talked but
little, and at all times scemed wrapped In
reverie, He was apparently abont 340

aak no more, for the murder of Jim Miller Ragyears of AKO. - ”

minutes Miller had occasion to go-out

we oes we eee 0 memes

McCOY, Robert, black, hanged et either Savannah or Sylvania, Ga., on June 26, 1885.

"Savannah, Ga., June 26, 1885-Robert McCoy (colored) was hanged at Savanneh today for
murdering James Edger, e white constable, Nov. 2h, 188). Two thousand people witnessed

the execution, the gallows being erected in an open field. McCoy's speech and religious |
exercistés were similar to those usually incident to such occasions. McCoy's neck was |
broken by the fall, and death was instantaneous." TIMES, Los Angeles, CA, 7-27-1885 (1/7.)

Note: Galveston Daily NEWS gives place as Sylvania.

geLE f°

‘the noose :
‘Victim’s head.
“Tt was his. brother-

}derworld.
influence

al adviser,
_he went - with Satterfieig
Just as far as he could
Property, Toad to eternity, seegghfel
rother-in- J*(Eternity. Was Not .-
‘ahead of Donaldson, -
‘Trusted \ by both law officers’
and the men outside the law, he
Tr have incurred a grim
was found: slain in
hotel on July * 29,
ains one of the un-
eries on the Atlanta
alendar,) ay ts ete
‘ L 8%. f
+.0N THE sca
pursued him to} ¢:
t Garnett and
» Where he Shot
art as he was 8roveling, beg. ed him to leave
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already ally spread

| Chapter 6.
WILDCAT MURDER TRIALS

THE first indictment for murder returned by a Forsyth County grand juy 3
was presented March 4, 1834 by Isaac Whorton, foreman, in the case of The 4
State vs. Early Cordery. At the time his case was scheduled for trial, however,
the court docket notes “‘no appearance” by the defendant. (No transcript or '
record of a trial can be found in the minutes of the Superior Court Clerk.)
Cordery, a half-blood Cherokee, brother of Dave Cordery and Charlotte Vickery,
had voluntarily emigrated to the Indian Territory, thereby escaping Prosecution. 7a

The case of the State against Joseph Eaton was the first trial case in the 3m
county resulting in a penitentiary sentence. Indicted by a grand jury for “‘assault ge
with intent to murder,” Eaton was tried at the August term of court in 1837.
J. W. Thompson, foreman of the jury, read their verdict after debating the
evidence in closed chambers: “We the Jury find the defendant guilty of an assault
with the intent to Murder.” Judge Owen H. Kenan then pronounced sentence:

Whereupon it is considered, determined and adjudged by the court that
you, Joseph Eaton be taken from the Bar of this Court by the Sheriff of
Forsyth County to the common jail of said County, and there safely kept
until applied for by aGuard from the penitentiary of the State of ie
Georgia, to whom you are to be delivered and conveyed to said Pen- eS
itentiary, and there be confined at Labour for the Term of four years “ss
after your entrance therein, and may God have mercy, &c. |

In February of 1842 a true bill of indictment for murder was brought in
against Spencer Hudgins, and William Blankenship was indicted for murder bya
grand jury on October 13, 1853. (In 1850 Blankenship was listed in the census ;
as a 49-year-old hatter, born in Virginia, living near town.) A year later Blanken-
ship was acquitted.

The first record of a murder trial in the history of the county involved a 3
defendant named Henry Tuggle. He was indicted and tried at the August term of ~
court in 1848, at which time he was arraigned and entered a plea of not guilty.
While awaiting trial Tuggle was confined in the Lawrenceville jail. As circum-
stances filtered out to the public during the course of the trial, it must have been
a topic for lamp-light conversation throughout the countryside.

Nathan L. Hutchins and George N. Lester, legal counselors for Tuggle, repre-
sented his plea before the court.

The bill of indictment charged that Tuggle had deliberately and consciously
poisoned Mary Ann Tuggle with white arsenic on April 11, 1848. He stood
accused of mixing the poison “into and with a certain quantity of syrup. . . as
medicine and with a certain quantity of Dover Powders”, which Mary Ann was

PIONEER HISTORY OF FORSYTH COUNTY, by Don Le Shadburng eX WAXXY

Roswell, Gaet Wy H. Wolf Associates, 1981,

“about to drink and swallow down.” She took a spoonful of syrup and a half-
pint of tea containing the dissolved Dover Powder and white arsenic, the Pros:
ecution argued, and then became ill and languished until the following day, Aprils
12, when she died from the effects of the poison. The case went to trial on
September 1, 1848, and a jury returned a verdict of acquittal (by William BE
Hudson, foreman) the same day. -
The first murder trials embodying all the elements of sensationalism, even a
touch of the bizarre, took place in Cumming in 1859 and 1860. Five defendants
were indicted for the murder of Claiborn Vaughan,who met his death on the wayg
trom Wildcat courtground one Saturday night. When the grand jury reconvenedp.
August 18, 1858, they composed the following bill of indictment and presented
it to Solicitor William Phillips: a
In the name and behalf of the citizens of Georgia [we] charge and accuses
Isaac Freeland, Jacob Pettyjohn, Levi Q. C. McGinnis, William Brannon,
and James McGinnis, of the county and State aforesaid, on the seventh 5.
day of August in the year of our Lord one thousand Eight hundred and
fifty-eight, with force and arms in and upon one Claiborn Vaughan, in
the peace of God and said State, then and there being, did then and there =
unlawfully, feloniously, wickedly and of their malice aforethought make an ry
assault, and that the said Isaac Freeland, Jacob Pettyjohn, Levi Q.C. Mc-3
Ginnis, William Brannon, and James McGinnis with certain knives, that is @
to say, with five knives — with the value of fifty cents each which said @
knives [the defendants] then and there had and held in their right hands, _
that is to say ~ that [the defendants] each then and there had and held ©
one of said knives in his right hand with which knives they the said
[defendants]. . . did then and there unlawfully, feloniously, wilfully and =
of their malice aforethought, strike, thrust, stab and cut. . . giving and in-2
flicting in and upon the said Claiborn Vaughan, four mortal wounds, that
is to say,that [the defendants] did. . . strike, thrust, stab and cut...
Claiborn Vaughan in and upon the left side of the neck, [inflicting] one
mortal wound of the length of three inches and of the depth of four in-
ches, and one other mortal wound in and upon the right side of the neck. ..
of the length of three inches and of the depth of four inches, and one
other mortal wound in and upon the left side. . . under the arm the length
of two inches and of the depth of four inches, and one other mortal
wound in and upon the back. . . of the length of two inches and of the
depth of five inches, of which said mortal wounds the said Claiborn
Vaughan, on the said seventh day of August in the year aforesaid in the
county aforesaid then and there died. And so the jurors aforesaid on their
oaths do say, that the said [defendants]. . . did kill and murder con-
trary to the laws of said State, the good order, peace and dignity thereof.

8TQQTHCT@¢ £¢ er

“And the jurors. . . further charge and accuse the said [defendants] with
having committed the offence of Murder — The said Isaac Freeland, as
Principal in the first degree, and the said Jacob Pettyjohn, Levi Q. C. Mc-

Ginnis, William Brannon, and James McGinnis, as principals in the Second
degree.

94 History of Forsyth County

The grand jurors who drafted the indictment were Kennedy Gramling, fore-
man, Archibald Scott, David Graham, Charles S. Blanton, Hardeman Bone, Albert
Green, John T. Ezzard, William T. Ezzard, Ichabod F. Sayer, Thomas Rogers,
James A. Hope, Benjamin J. Rice, Josiah H. Woodliff, Tyre Jackson, Osborn Mc-
Ginnis, Andrew H. Wilkie, James C. Blackstock, Ambrose Pirkle, Miles W. Sutton,
William B. Shadburn, John W. McAfee, and Joel T. Heard.

Isaac Freeland, 52, a native Georgian, had moved to the county with his wife,
Hannah Campbell, and several children as early as 1834 and settled in the 795th
Militia District. In the Census of 1850 he was listed (#134) with wife Hannah
(born 1812-13 in N. C.) and ten children: John, 18; Mary, 16; William, 14;
Jeremiah (Jerry), 12; Eveline, 10; H. E. (Howell), 8; Freeman, 7; Alexander, 6;
Lewis, 5; and Margaret, 3. John Walker and Thomas Allen were living in the
household. Freeland remarried on September 20, 1855 to Elizabeth C. Key,
daughter of William Key, Sr.

Freeland was charged with the actual slaying of Vaughan, using a knife with
a one-by-four-inch blade to cut a large gash on the left side of the victim’s neck,
“severing the jugular vein.”” The remaining four defendants — Pettyjohn, Levi
McGinnis, James N. (Jim) McGinnis, and William R. (Bill) Brannon — were ac-
cused of “‘feloniously, wilfully, unlawfully and of their malice aforethought. . .
aiding, helping, abetting, comforting, assisting and maintaining the said Isaac
Freeland” in the commission of a violent crime.

Jacob Pettyjohn, 41, son of James Pettyjohn and Temperance Rogers, and a
grandson of Jacob Pettyjohn of Virginia, was born in Georgia in 1818. He was
married around 1838 to Maria M. Whitmire (born 1820), granddaughter of

Stephen Whitmire, a Cherokee countryman of colonial Georgia. Sometime be-
tween 1840 and 1845 Pettyjohn moved to Forsyth from Jackson County. In

1850 his family (#129) consisted of wife M. M., 30, born in Ga., and children ae

S. A. (dau), 11; L. D. (son), 9; M. A. (dau), 7; John J.,5;S. J. (dau), 3; and an

unnamed son. Pettyjohn had a reputation as a substantial, law-abiding citizen; he a 4

was elected several times constable of the 795th District.

Levi Q. C. McGinnis, 50, also Georgia-born, came into the county between gage
1840-45 and established his residence in the Second District. In 1850 his house- Be
hold (#708) reflected the following family members, all born in Georgia:
Delilah, 28 (may have been a second wife), Margaret, 14; James, 12; Stephen, ©

10; Rebecca, 8; Levi, 7,and John, 4. On the 1860 Census he appears as a prisoner
age 51, with Delilah, 38.

James N. McGinnis, 35, a Georgian, was living with his mother, Sarah Mc
Ginnis (born 1794-5 in Va., died testate in 1863), and other family members in
1850 (group #23). McGinnis, then 26, was single, he maintained a mercantile
business near Cumming. William Brannon, 35, born in Georgia, was married
August 15, 1844 to Mahala F. Pool. In 1850 his family lived near town (group
#13); members were wife M. F., 21; Martha J., 4, and a son, C. P., age 3.

Following their indictment, the prisoners retained H. P. Bell, William A

Lewis, James P. Simmons, and B. H. Overby as legal counsel. Certain events pre-"

liminary to the stabbing death of Claiborn Vaughan were brought to light through

Stik eS Sao Da lak ein

Oa Talay

Wildcat Murder Trials 95

a dozen witnesses testifying at the inquest. The collective substance ot testimony
recorded during Isaac Freeland’s trial in February of 1859, as well as the three

trials following his execution, provide some insight into the circumstances of the
gruesome murder.

Shooting Match

Court was held by the Justices of the Peace for the Wildcat District on the first
Saturday in each month. On this particular court day, August 7, the McGinnises,
Vaughans, Buices, and several of their companions were in attendance at the
courthouse. By noon that day several others had congregated at the courtground:
Isaac Freeland, Jacob Pettyjohn, Pinkney Lindsey, Ransom Barnes, Freeland’s
older sons, and a score of other people who had come to hear proceedings or
simply to visit and talk. Like church campmeetings, it was an occasion to meet
and socialize with friends, relatives and neighbors. On court days, however,
someone always provided a “liquor wagon” where corn and rye whiskeys were
dispensed by the pint or quart. The legality of selling whiskey outside the limits
of the courthouse yard was far outweighed by the custom of the practice.

Abraham Buice brought his gun and shot pouch along with his reputation as a
marksman. Soon after arriving, he had been talked into a shooting match with
Archibald Martin. Just after noon a party left the courtground and walked about
a quarter of a mile southwest to a roadside clearing, halfway between Wildcat
courthouse and Freeland’s home. William Buice bet a dollar with Jacob Petty-
john that Abe Buice could beat Arch Martin in a shooting contest. Claiborn
Vaughan, siding with the Buices, put up a dollar against John Brannon, Jr. that
Buice would win. They set up a target board several yards away against a large
tree, and James Bagley and Thomas Beaver were chosen to judge the match.
After firing several rounds, it was agreed, the man with the most hits would be
declared the winner.

_Abe Buice stepped up and fired the first shots, then Martin. On examination
e the target it was determined that Buice had won the first round. Then Vaughan
and Buice put up another two-dollar bet with Pettyjohn and Brannon that Abe
Buice could outshoot Martin again. When the firing stopped, one of the judges
re out that Martin had won the money; but Abe Buice shouted to let the
ie stand until he could look at it himself. After inspecting the holes, Buice
ied, the judges had made a mistake, that he had won the stakes fairly.
oak ak = told the group, he would not contend for the money since the stake

The 3 is. Pettyjohn took the money and went back to the courtground.
diseine ria were still dissatisfied with the outcome of the match, and they
tators : . in detail before Vaughan, Beaver, Pink Lindsey, and other spec-
eigen s ee Within thirty minutes the Buices and their followers had
ae et 7 ildcat courthouse, where Abe Buice sought out Pettyjohn and

siete ow the mistake had been made by the judges. Buice demanded that

YJonn return the money; Pettyjohn finally responded, “If I didn’t win the

Mone > “4099
Bulec’ I don’t want it.” He took the money out of his pocket and handed it to

96 History of Forsyth County

Billy Buice, Jim McGinnis, Levi McGinnis, and Thomas Stone were standing
nearby listening and watching. Several of the men soon fell into an argument,
instigated by Jim McGinnis, who sidled up to Pettyjohn and told him to knock
Buice down. McGinnis walked around swearing under his breath. Overhearing
the remarks, Billy Buice started cursing McGinnis and Pettyjohn, and Levi Mc-
Ginnis quickly stepped forward and offered his support. “Jim, say what you
please (to Buice),” he stated emphatically, rolling up his sleeves. “If you can’t
whip him, I can.”

Jacob Pettyjohn attempted to cool their tempers before serious trouble
erupted. :

Some time later — not long before sundown according to Abe Buice’s tes-
timony at Freeland’s trial — Levi McGinnis suggested they “go get something
to drink and make friends.” Several of the men walked down to Ransom Barnes’s
wagon, tied up “‘a little piece below the courthouse, and got a quart of liquor” —
each man contributing a few cents toward the purchase. The quart jar passed
quickly from hand to hand among the few who were eager to take it.

But the whiskey only agitated a quarrel still unresolved. Levi McGinnis,
seeking courage from the bottle, grew louder and bolder with his remarks about
the “South Carolinians.” He kept calling out an invitation to the crowd: “Boys,
why don’t you drink some of the d — d South Carolina liquor!”

Encouraged by his private demon in the bottle, McGinnis suddenly jerked the
gun out of Abe Buice’s hand and hit him in the head with the breach, making
him stagger. A second later Billy Buice grabbed the gun, trying to take it from
McGinnis, and Abe Buice jumped back into the struggle. Isaac Freeland raised
his voice above the shouts and curses: “It’s a good gun, boys; don’t break her.”
Billy Buice was shoved violently out of the way by McGinnis.

McGinnis, scuffling with Abe Buice, seized him by the hair of his head and
raced down the hill, yelling, “G—m you! I’ll jerk you as bald-headed as I did
Pink Lindsey.” They fell to the ground, panting and cursing; Buice soon wrestled
out of McGinnis’ grip and fell on him. Billy Buice, watching intently, shouted
into the pale darkness, “Go it, Abe! Fight all night or whip him!”

Wilson Connally finally broke up the fight by pulling Buice away from Mc-
Ginnis. Buice, complaining of a headache, walked off a few steps and “sat down
in the corner of the fence” below the courtyard. McGinnis went over to him and,
shaking a clenched fist in Buice’s face, said, “G—m you, I intend to whip you
again.” Freeland told him to leave Buice alone.

Freeland and Connally talked privately with Abe Buice, telling him, in 4 ae

essence, to get “the old man Buice” and go on home. If they stayed much longer,

they warned, “there would be hell to pay here directly.” Abe Buice agreed to

leave when McGinnis returned his gun and shot pouch.
About fifteen minutes after the fight ended, as nightfall approached, the
crowds decided it was best to leave the courtground before another difficulty

broke out. Levi McGinnis, weaving about with a bottle in his hand, told the 4
Buices and Vaughans to leave, otherwise “he would kill the last d—d South 2

Carolinian of them.”

As the “Buice crowd” started east along the hill-and-hollow road, Abe Buice a

Wildcat Murder Trials 97

and Isaac Freeland held another brief consultation. Freeland, who “acted very

friend] ” at t i H ““ 9 oy
pee od at that time, went back up the hill and “fetched” Buice’s gun and

‘Perfectly Drunk’

Wiley Vaughan testified at Pettyjohn’s trial that he had two drinks at the
courtground. Billy Buice was drinking, he said; Abe Buice was not drinking very
much — “he never drinks much.” Samuel Buice was never known to drink at all:
he didn’t see Ransom Barnes drinking that evening, nor Isaac Freeland who

‘looked like he always did.” Levi McGinnis, Jim McGinnis, and William Braa-
non were drinking heavily.

Billy Buice recalled seeing Levi McGinnis and Pettyjohn drinking at the court-
ground. Buice admitted that he had been drinking and was “a little under the
influence of liquor that evening,” although he did not consider himself in-
toxicated. By his definition a man was drunk only when “he cannot go and
cannot recollect.” On that premise of reasoning, Buice “did not consider him-
self particularly sober nor particularly drunk” on the night of the murder

Both Hardeman Bone and Jacob Pettyjohn — the only defendant put on the

witness stand — testified at the McGinnis-Brannon trial that Bill Brannon was
‘very drunk” at the courtground. Bone had even refused to let Brannon have
any more whiskey, despite the fact Levi McGinnis kept furnishing him with
drinks. When Bone left the courtground he last saw Brannon sprawled under a
large oak tree near the “liquor wagon,” apparently asleep, and “‘old man Taylor’’*
stretched out with his head propped on Brannon’s hip.

Claiborn Vaughan had been drinking during the evening; Abe Buice saw him
drinking at the courtground and believed he was “nearly drunk” when they left
for home. Billy Buice and Wiley Vaughan also testified to the fact Claiborn was
drinking, and Jeremiah Freeland told the court that Claiborn was “pretty drunk
on the night that he was killed.” Abe Buice, when testifying earlier at Freeland’s
trial, maintained that Claiborn was “perfectly drunk.”

_ Witnesses said Billy Buice bragged that he had been the bully in North Caro-
lina and South Carolina, and that he intended to be the bully in Georgia. When
the “Buice crowd” started down the hill toward the first branch, Billy Buice and
Levi McGinnis were shouting curses and insults at each other. Buice finally
called back to McGinnis and Freeland, ‘““G—m the Georgians!” The “Freeland
rose One and all, he said, were nothing more than “penitentiary convicts and
4 Meanwhile, William Freeland discovered his pocket combs were missing, and
rp McGinnis had lost a shoe in the fracus. It was too dark by now to find
Hee Pettyjohn and Freeland sent Jeremiah and Howell Freeland to Mrs.
ie chins’ house (where Dr. Miles Sutton lived) to “get a light” so they could
Carch for the combs and shoe. Dr. Sutton said Jeremiah Freeland came to his

*Nol nae.
‘Not otherwise identified in the court transcript; may have been Hiram Taylor.

Murder Scene

Wildcat Murder Trials 101

Abe Buice, peering from his hideaway, saw three men race down the hill to-
ward the second branch and through the darkened hollow. It was much too dark
to make out the identity of the phantom figures from the distance Buice saw
them. Soon another man gave a brief chase, suddenly stopped before reaching
the creek, and turned back in the direction of the courtground.

‘Murder!’

Billy Buice made his way up the hillside through a dark thicket of trees and
underbrush, and fell blindly into a “brush pile” that filled an abandoned road-
way. Only minutes later Wiley Vaughan, in a fearful race for his life, stumbled
into the deep roadbed behind him.

Levi McGinnis, Freeland, Pettyjohn and Brannon soon caught up with Clai-
born Vaughan, who plodded along on his mare without recognizing the imminent
danger to his life after the Buices and his brother had fled. As they came up even
with the horse, either McGinnis or Freeland asked in a surly tone: “Is this Wiley
Vaughan, the d—d rascal that struck me with a stick at the courtground?” And
the man on horseback answered, “‘No, this is Claiborn Vaughan.”

“You’re a d—d South Carolinian anyway,”* Freeland or McGinnis snapped
back.

“It is true — true,” said Vaughan, speaking precisely in a mock attempt at
sobriety. “I am a South Carolinian, but I take no part in fighting scraps.”

“Well, we take in all the d—n South Carolinians,” one of the men told him.
And another interjected: “I don’t give a d—n which one he is. We are after South
Carolina blood.”

Brandishing pocket knives, they started dragging the young man off the mare.

“Wait a minute, boys, I surrender,” Claib Vaughan protested.

’

Abe Buice remained in hiding not more than forty steps away from the
Scene, and overheard scuffling sounds, shouting, cursing, a mixture of angry
voices echoing through the spectral darkness. He distinctly recognized Vaughan’s
voice when he called out to his attackers, ‘I surrender — I surrender!” Then, in a
louder voice, he heard Vaughan cry in desperation, “Murder! Murder!”

When Vaughan’s assailants pulled him from his horse the saddle girths snapped,
letting the saddle fall to the ground. Vaughan continued to kick and struggle in
vain; his wails of anguish and pain grew weaker.

_ Jeremiah Freeland, following the crowd, saw the silhouetted figure of Vaughan
Ising in the road. He witnessed Vaughan raise himself on his hands and slowly
crawl to the edge of the road, moaning, “I’m a dead man. . . dead man.” Petty-
John, Jim McGinnis, and Bill Brannon stood nearby. William Freeland told the
court he had seen his father astride Vaughan.

Cone strong point of contention had been that the Buices and Vaughans were from South

eae Wiley Vaughan testified that he was born “in the lower part of North Carolina”
ne Moved to Spartanburg District when nine or ten years of age. William Buice, Abraham

uice, Samuel Buice, and Ransom Barnes lived in Spartanburg at the same time, he said, be-

. fore moving to Forsyth County.

104 History of Forsyth County

About the same time Will Buice, Marcellus Buice, Elisha Buice, and David
Wilson appeared on the scene, coming from “toward home.” Will Buice went out
to Sharon Church, where a meeting was in progress, and came back with a torch-
light. The search party went down the hill, crossed the stream, and started up
another hill when they found Claiborn Vaughan’s ashen body stretched out ina
“wagon rut” on the “low side of the road.” He was lying on his back, the right
arm thrown back over his head, his left leg crooked outward into the roadbed.
He was wearing dark-colored pants and a white flannel shirt that had soaked a
copious flow of blood, front and back. Looking about, they discovered “two
little puddles of blood on the ground above the saddle,” which lay on the op-
posite side of the road, upside down. Two hats were found near the saddle — one
Vaughan’s, the other Samuel Buice’s; and nearby was a bloodstained coat which

Vaughan had carried over his arm.
Stooping near the body for a closer look, Billy Buice mumbled, “My God,

they’ve killed him.” .
Wiley Vaughan kindled a small fire and waited until the coroner and doctor

arrived the next morning. . ..
Inquest

just before daybreak, Willis Staggs, a blacksmith who held
coroner, was awakened by a knock on his door. Will Buice,
g vigil, informed him that Claiborn Vaughan had
t, over near the second branch toward Black

Sunday morning,
the office of county
looking worn from his night-lon
been murdered down at Wildca

stock’s Mill. Staggs dressed and immediately set about to organize a jury of in-

quest after speaking with the sheriff, William P. Williams.
Dr. Aaron P. Brown, later assisted by Dr. Miles W. Sutton, was chosen as sur

geon to examine the corpse. When Coroner Staggs and Dr. Brown arrived, they

first noted patches of dark, congealed blood on the opposite side of the road and F.
near the middle, only a few feet from Vaughan’s body. With the help of Asberry.
P. Bell, the coroner and Dr. Brown stripped the butchered body and placed it on
a set of boards for the preliminary examination. Dr. Miles Sutton, who had not %

been a practicing physician since the Fall of 1857, arrived shortly after eigh
o’clock.
In testimony subsequently given at the inquest and trials, Dr. Brown describe

thirteen remarkable wounds found on the body. Eight of them, which he terme
as the “first class” of wounds, were located in the region of the shoulder and rib

on the victim’s left side. A number of these incisions, penetrating deeply, pe

made with a sharp instrument, s

cuts and bruises. The ninth wound, found between the angle of the right jaw ang,
the point of his chin, measured three inches long and two inches deep. The tenth

wound, which Dr. Brown diagnosed as fatal, extended along the left side 0
Vaughan’s neck, “just missing the lower jawbone.” This slit had opened the
external jugular vein” causing him to die in a short time from a massive hemo
hage. “There was a great deal -of blood about the body of the deceased,” th

surgeon noted in his official report.

““ORN Mathis are listed thr

Wildcat Murder Trials 105

The eleventh wound was direct]
. y on top of Vaughan’s head, slightl i
into his skull. By the same stroke of a knife or other weapon, said Dr. ee
Sik ** ear had been almost severed from his head. The thirteenth wound was
sa : = hes sen — that is, several lacerations which Dr. Brown believed
en made by a man’s fist. In concluding his statement
. . . . ° : t
said it was impossible to determine from the nature of the wounds ae ve
were all inflicted with the same knife. ad
Dr. Miles Sutton’s testimon
t y corroborated what Dr. Brown had
pares: oe Pi peg reference to a cut three or four rah elee seine
aughan’s back, along the left side of his spi hi
fatal, the doctor remarked. Notin i Pe tee be ee
cal, ed. g particularly the “‘orifice in the left jugul
vein,” Dr. Brown gave his own expert opinion before a trial jury: “This ou

was a mortal wound, as no m
: an could recover from a w
ound o
unless he had medical and surgical aid.” Cee

ne Dd eT ee and William Freeland early Sunday morning
estan road near Wildcat courthouse, evident] i

ie . y searching fo ;

hing mth aes “where the liquor waggongenealy stands on court days.” A

‘ , awn, Dr. Sutton had not heard th ay

murder. The doctor immediatel i Sree St SauRRa

: ; y noticed “a good deal of blood ’

clothes,” which Freeland explai of blood on Freeland’s

> ained had come fro :
ith a stick” the night bef He fi

ton “to go over the branch with him” Sch ios bi oe eee
: ith him” and hel h : : .

fought a serious battle o p search for his knife, adding: “We
: ver there | ia ; ‘sa

ee declined the invitation, ast night.” Dr. Sutton, looking suspiciously at

the ste ts before the coroner arrived, Freeland showed up at the scene of

end eeccad oe his bloodstained clothes. His trousers were stained in the crotch

Wiley Yaust Is ames witnesses later testified. In addition to Billy Buice and

ee wie ive other men were present at that time: Hiram Mathis.* John
Frester ie Key, Samuel Smith, and Sion Bennett.

repeated his si erga up with a white rag” to stop a bleeding cut. He

in
pocket knife and Willian’ en the road at dawn: he was searching for his

Looking askan
tl ce at Vaughan’ :
quizzical expression: Whar dea. ee passed by, Freeland asked with a

Spectator
: S we ’
mind. re puzzled at Freeland’s strange behavior, his confused state of

“It looks |i
“It’s 4 ee murder has been committed,” Billy Buice replied.
own on the eed is Freeland commented, shaking his head. He lay
feveral minutes ce Placed one hand under his head, remaining there for
Marked at test They he They say I was in an affray here last night,” he re-
may have seléed ; € rose to his feet, viewed the body again, and said he
: ped to do this but had no recollection of it if he did.” But judging

¢ Surnames “M
athis” st atthew d
and M a i
S$ are often confused in county records. Hiram an

Oughout the transcript record as ‘‘Matthews.”

98 History of Forsyth County

house around nine o’clock, “lit a torch at the fire, and carried it out.” After re-
turning with the torchlight, Jerry Freeland, McGinnis, and Pettyjohn looked
about for the lost articles.

Torchlight Pursuit

Claiborn Vaughan had gone to the courtground about mid-Saturday morning
in company with Levi McGinnis, Mahlon H. James, and John Mathis, his em-
ployer. Before leaving Mathis’s house Vaughan tied a handkerchief around his
waist to hold up his trousers. Earlier that same morning he had mended a pair of
old shoes for McGinnis ‘‘as an act of kindness.”

Claiborn Vaughan, who had stayed clear of the fighting, was going home with
“old Mr. Buice.” He had been working ‘‘at the mills” owned by Moor and McAfee
and sometimes boarded with John Mathis. Billy Buice stated in his testimony
that his son, Samuel, had ridden a horse to the courtground that day. But the
mare had slipped her bridle, and Vaughan mounted the horse soon after they left
the “law ground” and rode her anyway. Wiley Vaughan, a farmhand, had been
living in the Buice household for some time.

The Vaughans and Buices headed in the direction of Billy Buice’s house, all
afoot except Claiborn and Wiley Vaughan, who rode another horse belonging to
Buice. Samuel Buice was leading his father, who kept protesting that he wanted
to go back to the courtground and get his mare’s bridle. Samuel convinced him
it would be safer_to wait at the branch until the “Freeland crowd” scattered.

Thirty minutes had passed before the ‘Freeland crowd” left the courtyard in
pursuit of the “Buice crowd.” Jerry Freeland walked ahead a few steps with the
torchlight.

Isaac Freeland had exchanged bitter words with Billy Buice at the courtground
while they were wrestling over the gun. On their way to the branch he com-
plained to Pettyjohn that Buice had hit him with a stick; when he espied Buice
and the Vaughans crossing the branch in the distance, he turned to his followers
and boasted: “Boys, if you will go over the branch with me and keep off the
dogs, I’ll whip old Billy Buice.”

The “Buice crowd” saw the light coming down the hill behind them. Abe
Buice, aware that he was deliberatel: being followed by Levi McGinnis, turned
southward off the main road and hurried down a narrow path leading to the
spring. McGinnis, coming along forty or fifty steps away, saw him leave the
road. When he reached the path, McGinnis stopped and shouted accusations at

Buice. “Go on, you d—d South Carolinians,” he called out. “You were run out Z

of your country for stealing or forgery, or for some other d—d meanness.”

Abe Buice knelt at the spring getting a drink of water while McGinnis con-
tinued with his tirade. He listened and waited, but made no response. By his own
admission, he was afraid to go back to the “big road”; instead, he cut through

the swamp and crossed the branch. After joining the Buices and Ransom Barnes ‘i

on the other side, he realized he had left his shot pouch at the spring.

As the pursuit quickened, Freeland grumbled that his son was walking too
slowly with the light. Jeremiah pleaded with his father to turn back after they,

Wildcat Murder Trials 99

crossed the first branch, but Freeland refused to listen. He grabbed the torch-
light and took the lead by several paces. Pettyjohn claimed he spoke to him
urging him to go back to the courtground; but Freeland ignored him too.

Billy Buice, anticipating more trouble with Freeland or some of his grou
stopped along the road and cut a small oak club in case he had to defend him:
self. Samuel Buice did likewise. They could now hear the “Freeland crowd”
coming up a short distance behind, chanting in a loud, uneven chorus:

Walk away, walk away, walk away,

Walk away, Tom Walker, walk away.

We will make you d—d South Carolinians
Walk away, walk away, walk away-a-a-y!

The sun had been over the horizon at least an hour and a half. The straggling
groups, some sober and others drunk, were now about a half-mile from Wildcat
courthouse. In the first hours of darkness, when reckless deeds are plotted
among men, Isaac Freeland’s party overtook the Buices and Vaughans. As Free-
land approached them, Billy and Samuel Buice decided to confront them once
more; they halted in the road, each holding a club, and refused to let Freeland
and the others pass. Realizing the danger of their stand, Samuel suddenly
backed out of the road, pulling his father by the arm. “Git out of the road,” he
commanded, “and let ’em by.”
Freeland, holding his torch high, reeled toward the Buices and stopped in
front of Billy Buice. He pointed to his head, showing him where someone had
jabbed him with a stick. He insisted Buice or one of the Vaughans had done it
but Buice denied the accusation. ‘‘“G—m you, I never hit you!” he exclaimed,
taking a step backward. When Freeland made a motion to rush him, Buice
started swinging his club wildly, hitting Freeland twice, and then made a dash
out the road. Freeland, cursing, whirled around and threw the torch after him
extinguishing the light. . .

Ransom Barnes and Abe Buice were scared. Following the confrontation be-
tween Buice and Freeland, Abe Buice “‘ran off about forty yards from the place
where Vaughan was killed and sat down on a log.” Barnes left the road and hid
Out in the woods.

In his panic, Billy Buice passed the Vaughans almost two hundred yards ahead
of him, or about eighty yards from the second branch,* before pausing on a hill
my the other side of the branch” to get a second wind. Samuel Buice ran close

ehind, followed in a short time by Wiley Vaughan, who had jumped off his
Mare and handed the reins to his brother, Claiborn. Wiley trotted along behind
the Buices “to keep out of trouble.”

PoP
Thre ?
eg oi Streams headed on the north side of Blackstock Mill Road and flowed together south
‘title's to form the main tributary of Dick’s Creek. The old mill road ran east and west
na section of Gilbert Ferry Road (Sharon Road) and Rogers Ferry Road. Now

hown as the Hemrick (or Clement) Road, i e
“Pevec® eat extends between Sh 4
Crossing land | ts 878, : 1. Sharon Road and Hwy. 1 L;

102 History of Forsyth County

A few minutes later Vaughan had stopped moving or making any sounds.

Jacob Pettyjohn stated under oath that, while following the Buices to the
creek, he had heard the fighting and returned to the place where he passed Claib
Vaughan. He saw William Brannon again for the first time since they had left the
courtground. Brannon staggered over to Vaughan, kicked him a few times, and
demanded, “Are you dead,g—m you, old man? If Freeland has not whipped you,
I can.”

Freeland, Brannon; the McGinnises (who were cousins), and Pettyjohn started
back west toward the courtground. Pettyjohn then caught hold of Brannon’s
arm and turned him around, saying, “Boys, let’s go back and see whether Free-
land has hurt Claib.” Freeland, huffing out the road, looked back for a second at
the dim figures. “No, g—m him,” he growled; “let his own crowd take care of

him.”

Abe Buice, squatting in the woods, felt sick; Vaughan’s audible moans had
frightened him even more. He went across the winding creek and rejoined the
Buices and Wiley Yaughan.

Vaughan’s slayers, still groping about in a drunken stupor, walked back in the
direction of the courtground, and descended the curving hill to the stream be-
low the courthouse. Freeland sat down at the branch and calmly washed the
blood from his hands and face. The “Freeland crowd” returned to the liquor
wagon, found their bottles, and had a few more drinks before going their separate
ways for the night.*

Pettyjohn — who claimed he had gone along with the crowd merely as an
“idle spectator” to watch Freeland and Buice fight — left the liquor wagon in
company with Brannon and Jim McGinnis. They walked west along the road for

a mile or so, then stopped and talked for a while. Brannon felt drowsy; he de-
cided to sit down. Pettyjohn and McGinnis left him sleeping on the roadside.

Freeland, in company with his sons, William and Jeremiah, sat down on the
side of the road ‘‘about 75 yards from home.” The Freeland boys went home
and returned in a short time with their mother. They “roused” their father up,
helped him to his feet, and escorted him the rest of the way home... ..

Thirty to forty-five minutes elapsed before the Buices and Wiley Vaughan
came out of hiding. Standing in the road, they first saw Wiley Vaughan’s mount
coming along the side of the road in the bushes. In a few minutes Claib Vaughan’s
mare ambled down the hill and across the creek without a saddle or ride

se, in “‘rather a south course from *
id Jerry Freeland. Other testimony placed his residence one to ;
hwest of Blackstock Mill Roa
al claim that Freeland lived at the Clemen
from the Big Creek voting precinct.
ill road behind Mrs. Jackie ;

*Isaac Freeland lived about a half-mile from the courthou
Wild Cat Courtground,” sa:
two miles from the place where Vaughan was murdered, sout

and the courthouse. This negates the tradition
house on Hwy. 141, almost directly across the highway
The old Wildcat courthouse stood on the south side of the m

Clement’s house.

Sls,
Ko >.
~* Rs
™~

BLACK ST OC
MILL ON
DAVE’S CREEK

Py JF
-

ee:

DICKS CREEK

BRANCH

MILL RD.

“
~~ —*
Se ad

MAP C-6: Scene of Claiborn Vaughan’s murder along Blackstock Mill (Hemrick) Road.

ALPHARETTA

x
ij
WwW
or
oO
2
ao

Fitzgerald lit a cigar thoughtfully.
“He’s been missing since the eighth
of the month. Well, Ham said this
murder is about eight or ten days old.”

The chief got to his feet. “I don’t
know what we’re going to say or do,”
he said. “But I think we should make
a call at the Aids’ home.”

RS. GEORGE AIDS, attractive, 36-
year-old mother of -the missing
boy, met them at the door. She

smiled a_ greeting, but her face
whitened as Chief McCarthy flashed
his badge. “We’ve come here about
your son,” he informed-her.

“Something has happened. I know

it!’ The woman’s voice rose, but

‘broke off abruptly as McCarthy raised

his hand.
“Nothing like that,” he explained

easily. “It’s just that your: son has

been missing for sometime and I’m

’ rather concerned about our lack of

progress. I thought perhaps you could
help us—perhaps provide some bit of
information which may have been
overlooked at the time of your first
report.”

“Oh!” The woman stepped back
from the doorway. ‘“Won’t you come
in?’

The two officers entered the room.
A tall young man rose from the chair
in which he had been sitting and
watched them with a faint smile.

“This is Jesse McKethan,” Mrs.
Aids explained. “Luther’s best
friend.” \

“McCarthy’s my name,” the chief

boomed heartily. “This gentleman is’

Detective Sergeant Fitzgerald.”

McKethan held out his hand
gravely. “Glad to. know you.”

Mrs. Aids indicated chairs. “Jesse
was just advising me to’ visit a for-
tune teller,” she said with a strained
smile. “I don’t know if they could
tell me anything about Luther’s dis-

‘ appearance or not.”

“I doubt. it.’ McCarthy smiled at
the thought, then glanced at Mc-
Kethan with new interest.. “Do you
believe in fortune tellers?” ;

The young man shrugged. “Not
particularly. I meant it more as a
joke than anything else. It seems
we've tried about everything.”

“Yeah.” McCarthy was glumly
silent for a long moment. rime Mrs.
Aids said hesitantly: “I’m afraid there
isn’t much we can tell you that you
don’t already know. My husband
owns the Shipyard Inn—a nightclub
on Bay Street. He’s there now, if
you care to talk to him.”

“Maybe we will.” McCarthy got
carefully to his feet. “Have you seen
the evening paper?”

McKethan looked up quickly. “You
mean about finding the ... the part
of a body?” \

“Yes,”

“T saw it,’ Mrs. Aids interrupted
firmly. “But I just won’t let myself
believe that Luther may be dead.
Nothing so... so horrible could have
happened to '‘him.” 8

“We hope not.” Sergeant Fitzgerald
looked at McKethan. “You were the
boy’s best friend. I’m not saying he
was murdered, but do you know of
any reason why he should leave home
this way?”

McKethan shook his head. “No
idea at all. We were together on the
night he disappeared. Had a few
drinks at a tavern, and then Luther
called up his girl friend and made a
date. I ntever saw him after that.”

McCarthy frowned. “That doesn’t

PRELIMINARY HEARING——
». of the defendant in the case that

“rocked Savannah, Ga. The defendant

claimed that the victim started the fight which ended so tragically, but he

> admitted that he cut up the hody and made an offort to dispose of it.

mR PARE
4 2 laf

UNION
mii rye te Wnt

THE PLANT——
where the defendant worked

A CORPORATION

BAG:

tae

PO teieals

up to the time of his arrest for the slaying of

George Luther Aids. It was in bags that he took from this plant, he said,

that ho put the dismembered parts of the body of his close companion. — .
‘ eta ‘ ‘ e@® :

ia ata

fendant
but he
3 of it.

aying of
he sald,
npanion.

IDENTIFICATION———_—. pe es

The figures in the above photograph are, reading from left to right, Police
Judge George C. Heyward; Chief of Police Hall; Lonee Smith, clerk of the
office of the Solicitor-General; Jesse McKethan, and Detective Perkins.

JESSE McKETHAN——

(photo below) told the police:
“I'yq always been a coward, but
I hit him when he grabbed me!”

JOHN C. McCARTHY———

(photo below), chief of the Savannah
homicide division, had solved many
crimes, but found this case a puzzler.

Wigs
{8 19

‘

sound as though he left of his own

free will. On the other hand, I can’t
imagine a seventeen-year-old young-
ster having an enemy deadly enou, h
to want him out of the way.”. He
looked sharply at McKethan as he
spoke. “Know of anyone like that?”

McKethan shrugged. “I don’t know
a thing.”

There seemed to be nothing more
to say. On the trip back to en.
ters the officers stopped at the Ship-
yard Inn and spoke to the boy’s fa-
ther. But he was equally unable to
throw any light on the mystery of his
son’s disappearance.

EACHING his office, McCarthy
learned that the. paper bags found
in the vacant lot had been analyzed

‘and returned. Picking up the lab-

oratory report, he scanned it swiftly.
“That was human blood, after all,”
he said. “It looks as though we have
a first rate murder on our hands—
and not a single clue ,to work on.”

Fitzgerald had sat down at his desk
and was examining one of the paper
bags with the aid of a magnifying
glass. “Sherlock Holmes stuff,” he
said with a grin. “But sometimes it
works!”

The chief looked up interestedly.
“Got a lead?”

“Maybe.” The sergeant laid the
glass on his desk. “These' are cement
bags, all right. But they were never
used for that purpose, There isn’t a
bee of cement in any of the folds.”

“ eT”

“So the bags are new. Now where
would a guy purchase unused cement
bags?”

McCarthy banged his fist on the
desk. “I don’t know, but I want you
to find out. Only a few concerns
handle new cement bags, and .even
fewer people go around buying them.
You might be lucky enough to trace
this particular sale.”

Sergeant Fitzgerald departed im-
mediately to investigate this new
angle. Left alone, the chief pulled out
the “Missing” folder on George
Luther Aids. There was no proof to
back up his theory of murder, and
no evidence except the right leg from
a human body, but McCarthy was
certain that young Aids would not be
found alive no matter how the search
for him was intensified. He had a sick
feeling in the pit of his stomach that
the youth had been murdered and
the dismembered portions of his body
scattered about the city. :

“Only a maniac would do a ae
like that,” he declared, and turne
to the report.

Luther Aids, it appeared, had been
reported missing by his father, who

‘ knew of no reason why the son should

have left home.

McCarthy studied the report with
interest. His specialty was homicide—
hence he was not too familiar with
the details on the Aids case. But now
that murder seemed to be _ in-
volved... :

One item of interest caught his im-
mediate attention. This was the fact
that the car which Luther Aids was
driving on the night he disappeared
had been found parked in the middle
of the street before his home..

The officer investigating the case
had reported: me erger ye the driver
of this machine had had too much to
drink. No effort was made to park
the car properly at the curb. It was
simply stalled in the middle of the

street, and (Continued on.page 40) 93

» scars
reason
scurred

-ceiver,
's and
at was

yroner.
nt a—
timate

“Sev-
\othing
d have
m. In

nm was—

LES

‘flap’ with which to
1 student?” the chief

oon, when Ser
came across three |]
These were unmarked,

late in the aftern
' Fitzgerald

dies théy work on are

indicated that they
n used for a‘ more

ping up as murder.
n together and briefed Carthy ackno
: gerald showed
cially if ‘those
thuman_ blood.
Smeared on the j
There was no need
observation.

them rapidly. em his find.

Stains tests out
All three -b

hing searched,” he
g the several blocks
ith a wave of his
t up a body and
Pleces, it’s a cine

of vacant lots
“If someone cu
Scattered the pi

ried very far,
the news gets

His men res

S ended the
y returned to headquar-
e meager evidence
obtained. The leg
mortuary and the
mmediately turned

which had been
was removed to a
Paper bags were j

€ Photo below wa

over to experts in the police labora-
tory for analysis, ;
Working with Sergeant Fitzgerald,
the chief dragged out the Missing .
Persons file and began a Painstaking
examination that lasted well into the

anywhere,” he said tersely. “I want
the boys to keep on with the search.
Meanwhile, we'll check this list. Tf
any missing person resembles Doc’s
desertion of the victim... .”

‘What then?” Fitzgerald asked
curiously,

The chief grunted noncommittally,
“T don’t know,” he admitted frankly,
Despite the rather surprising num-
ber of seein reported missing in

“Tessa thousand-to-one chance,”
McCarthy. said, studying a photo-
graph of the Aids boy. “This young-

THE HOME
of Aids, in front of which murder car
was parked by the killer, (Photo at left.)

GEORGE L, Alps—__.
The &00d-looking youth Shown in the
S victim of weird crime,

ey ts

—

RE Racer ose

ans

GRISLY MYSTERY

CONTINUED FROM PAGE 23

" the keys had been left in the ignition.”

McCarthy cursed them for their
blundering. The assumption had been

that Aids, returning from a late party _

and with too much to drink, had
parked the car and then wandered
off. That was both the official and
unofficial explanation for his disap-
pearance. But there was no river
nearby into which he could have
fallen. There was absolutely nothing
which could logically,account for his
sudden vanishing ‘into thin air.

The chief’s agile mind was already
busy on another theory. If Aids had
been murdered, it was possible ‘that
the killer had driven the car home
and parked it before the house.
check for fingerprints, made at that
time, would have been of inestimable
value now. But no such precaution
had been taken.

“If his car was parked in front of

himself,” McCarthy mused
aloud, “then the killer knew where
his victim lived. In fact, he must have
known the victim in order to have a
motive for murdering him.”

The chief gave that idea quite a bit
of thought. Why had the killer driven
the car there in the first place? Why

‘had it not been left with the body?

“He could have been drunk,” Mc-
Carthy answered his own question.
“Too drunk to realize just what he
was doing. Or it may have been a
clever act on his part to draw a red
herring across the trail.”

But who could have committed the
murder and what could the motive
have been?

The chief thought of Jesse Mc-
Kethan, 21 years old, good-looking
and no doubt a favorite with the girls.
He remembered Aids leaving.on a
date which was never kept. “Jealousy
could be back of the whole thing,” he
thought. “Maybe they quarreled over
the girl! It’s got to be that way. Mc-
Kethan was the last to see him alive.”

-A phone call to Mrs. Aids netted

. him the name and address of: the girl

friend in question. Fifteen minutes
chao McCarthy was knocking at her
oor.

[ “young. AIDS’

chief decided. She had corn-tassel
hair that ce shoulder length and
blue eyes that looked up at him ques-
tioningly. “How well do you know
Jesse McKethan?” McCarthy. asked
abruptly, and flashed his badge.

Her eyes widened. “Why... why
not at all. Personally, that is. Of
course
him. I know that they were pretty
good friends.”

The chief hesitated a moment. The
girl was so obviously sincere. “You’re
sure of that?” he asked -uncertainly,

She nodded. her head vigorously.
“Of course I’m sure. Why, Jesse was
ages older than I am.”

McCarthy felt like an old man as
he, drove back to his office. , That
laughing, yellow-haired girl seemed
to think that twenty-one was prac-
tically senile. But her story had been
straight. McCarthy had done some
additional routine checking and
learned that McKethan was not ‘in-
cluded in her circle of friends..

The desk officer informed him that
Sergeant Fitzgerald had called and

girl friend was: -
young—not more than sixteen, the

I’ve heard Luther talk about -.

said easily. “If

wanted him to call back. He put
through the connection and McCarthy
picked up the phone.

“We've got a lead, chief,” Fitzgerald
announced calmly. “Brennan and Per-
kins are with me now. We’re waiting
for the guy to show up.”

“Who is he, and what evidence have
you got?” McCarthy demanded.

“Not much,” the sergeant admitted.
“Those paper bags we tound are man-
ufactured right here in town by ‘tthe
Union Bag Company. I didn’t go out
there, because they sell only to whole-
salers and jobbers. But I did find one
retailer who sold three new bags to a
fellow named Charles Reeves. We’re
at his house now, He’s working, but
his wife expects him home in half an
hour.”

“There’s no law against buying
paper bags,” McCarthy reminded him.

“No...” The sergeant’s voice was
cautious. “But this Reeves used to
work for Aids in his night club. He
was fired about three weeks ago. I
ne dpa he might have held a grudge
an HES,

“Fetch him in,” McCarthy ordered.
“We'll see how he holds up under
questioning.”

HARLES REEVES was slim and
wiry, with long slender fingers that
twisted nervously as he talked.
“T’ve never been in trouble in my
life,” he assured McCarthy earnestly.
“T don’t know what this is all about.”

“You’re not in trouble now,” the
chief informed him. “We just want
you to answer a few questions.”

“What questions?”

:“Paper bags,” Sergeant Fitzgerald
interrupted. “What use did you have
for three new cement bags?”

“Well, I—’ Reeves looked at them
as though doubting their sanity. “I
needed them, that’s all. I cemented
my cellar a couple of weeks back and
some of the cement was left over.
Several of the bags were torn, so I
bought new ones.” ‘

“Then you will still have the bags
you bought?” McCarthy demanded.

“I suppose so.” Reeves was sweat- -

ing now. “But what’s wrong with
that? Gosh! You’re acting as though
I had murdered someone!” ..
_ “Maybe you did,” the chief an-
nounced matter of factly. “You had a
grudge penne George Aids, didn’t
you? And you figured you'd take it
out on his son—the boy who’s been
missing for over a week!” :
“You're crazy!” Reeves exploded.
“If I’m being charged with anything,
I want to speak to a lawyer. If I’m
not, I demand my release.”
McCarthy reached for. his hat.
“We're going out to your home,” he
ou can show me
those new cement bags and prove that
they’re the ones you bought, you will
be released. If you can’t—well, you’d
better get yourself a lawyer, but
quick!”

With the frightened suspect seated .

between Brennan and Perkins on the
rear seat, McCarthy and Fitzgerald
threaded their way through traffic to
Reeves’ home on the outskirts of
Savannah.

“The bags are in the cellar,” he
muttered, climbing from the car, “I’ll
have to open the door.”

Silently, they followed him down
the stairs to where Reeves had stored

his surplus cement. “There it is!” he
announced, with a wave of his hand.

Sergeant Fitzgerald bent over the
bags and examined them closely.
“These three are new, all right,” he
announced. “The others haven’t been

‘opened as yet.”
McCarthy said, “What do you
“Those

think?”

The sergeant shrugged.
three bags are the same type as the
ones sold at the store where I
checked.”

Reeves breathed a sigh of relief.
“You fellows satisfied?”

».McCarthy nodded. “Looks as though
you're in the clear. Sorry to have
troubled you.” :

“That’s okay.”

Fitzgerald turned toward the door.
“Let’s get going,’ he called impa-
tiently.

At the car, McCarthy said: ‘You
seem to be in a rush.”

“IT am.” The sergeant pursed his
lips thoughtfully. “Did you notice
anything unusual about those bags?
Something different from the ones we
found?”

“No. What... ?”

“The ohes we have aren't finished,”
Fitzgerald announced with suppressed
excitement. “I noticed that before.
But it didn’t add up until I saw the
bags Reeves had bought. He has the
finished product.”

McCarthy was off-guard for a mo-
ment. “Why would the plant sell un-,
finished bags?” he asked.

The sergeant looked at him soberly.
“That’s the sixty-four dollar ques-
tion,” the said.

“Want to go out to the plant?”

‘ Fitzgerald grinned. “Nothing else
ut!”

T THE bag plant, the manager was

A rather perturbed when the four
detectives strode into his office.

“We never sell unfinished bags,” he
said positively, in answer to their
question. “The only persons who
would even have access to them are
our employees.”

“Now we're getting somewhere.”
McCarthy didn’t bother to conceal his
satisfaction. “Have you a list of the
people working here?”

“Certainly.” The manager called to
a file clerk and a.moment later Mc-
Carthy had a sheaf of time cards in
his hand. The name of an employee
was at the top of each.

McCarthy shuffled the cards rapidly,
his face expressionless. Finally he
tossed one on the desk. “I'd like to
speak to this man,” he said.

The manager left the room and re-
turned a few moments later, followed
by a tall, gangling youth with a shock
of black hair. McCarthy grinned.
“Hello, McKethan,” he said. “Fancy
meeting you here!’ .

The youth — volubly when
he was placed under arrest, but Mc-
Carthy went ahead with his job. Yet
for all his calm the chief realized he
was skati on thin ice. With their
suspect safely locked in a cell, he
discussed the ticklish situation with
Sergeant Fitzgerald.

: “Everything boils down to the ques-
. tion of proof,” the sergeant said cau-
tiously. “And right now we can’t
even prove that a murder was com-
mitted.”

“Granted.” McCarthy was unper-

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174. «Ga. 195 SOUTH EASTERN REPORTER

and he is “lacking in judgment”; and that went to the swamp, and they mae not oP
while “I don’t think that every man who him anywhere until, after watc hd is
rapes a woman should be considered in- house and searching branches And eRe
’ d excused,” and “woyldn’t be they caught him with a posse fifteen ays
peers rye * if he raped a child, he is later. The motion for new trial is limited to

raee the general grounds. No question except as

ert,” “T think that every man
ue eek ated is insane at the time.” te insanity is argued in the briefs. ee
Dr. Davis, in answer to hypothetical ques- = w. A. Dampier, of Dublin, for plaintiff
tions, testified that a person who committed 5, error.
what was alleged to have been done by the
defendant “would be called a sexual pervert,
a very degraded sort”; . that such a person
“may under ordinary, normal : conditions
have sufficient mentality to distinguish be-
tween right and wrong, but when seized
with the intense abnormal, sexual desire, he Syllabus Opinion by the Court.
would entirely lack the necessary mentality
to control or resist such desires”; that | JENKINS, Justice.

about two months before the offense he [1] 1. On the defense of insanity at oa
treated the defendant K's. Spee for a time ofthe criminal act, there being,a pre-
seemed to have been epididymitis, a. sumption of sanity, the burden is upon the
mation of = — shat Say ee ue accused to show by pate iN
ticks, - CASE ON masaar : dence, but not beyond a reasonable doubt,
au ee oe OS as Poot ie that at _— _ he we ee
neat . i er the tests recogniz
pacar wrong with his mind at that time, ite Ee Aes erate, 5 om 463, 467;
but he could have Seat nore) Ee ‘Allams y. State, 123 Ga. 500, SI SE. 6,
ment, and then, cana = pervert if ce and cit.; Polk v. State, 148 = = ec .
a ae ee ie 8 .E. 988; Currie v. State, a.
did the things related * * * a an on ae ae, lll SE. 727.
ot . i .
Met a! oii ct ee a bee “ he i (2-5] 2. The test of criminal responst-
have a slight form of neurosis before he is shea te 2 pectgohn yp guar ape
— cessarily insane, Dill s that “
cy ae ” j His son sufficient to distinguish between right
but temporarily insane’; that a man t ; we
i i i icul and wrong in relation to a particular ac
ot sane then if he is under this particular é Line
ob ion—in other words, the obsession to about to be committed, he is Jeger y re-
ois aed ir i ible” ; has been but one
i ea sponsible”; and there has
© out and rape a little girl—he is not sane zy
hep that “my theory is the fact that a recognized exception, which is that

John S. Gibson, Sol. Gen., of Douglas,
A. B. Spence, of Waycross, M. J. Yeomans,
Atty. Gen., Ellis G. Arnall, Asst. Atty. Gen.,
and E. J. Clower, of Atlanta, for defend-
ant in error.

i “a man has reason sufficient to dis-
man who was normal wouldn’t commit that though) “a man

eS ae ; Pi ra
kind of crime; the enormity of the crime is tinguish between right and wrong

i if} i of some delusion
hat’; and “I think the defend- yet [if] in consequence
we 3 Br eerkty insane whenever he the will is overmastered and there is no
- mitted that crime, if he did it.” A criminal intent,” he is not responsible, —
camer sheriff testified that the defendant vided that the = itself pie candied ir
i i he peculiar delusion under whic
ld him that on the day of the crime the the usior
celbadeat “was drinking, and if he did any- agers is phew ae’ ton Ga para
it” 4 , : or v. ; :
hing, he didn’t know it”; that he wouldn’t a. ; Tay :
ay oe he didn’t take that girl out, but if S.E. 764; Hinson v. State, op Ga. pin oy
he did, he didn’t remember it”; that “he A oi pet rege ts paerage = ny
i 72 bt 4 ; ’ a ¥
knew what we were talking about when he , (3), Soatane’
i ' idn’ i if In this and most of the states no cogniza
said he wouldn’t say he didn’t do it, but if I nr .
i idn’ i ken of what has been termed “1impu
he did, he didn’t remember it because he is ta 3 be 3 Reaes”
rinking.” ified sive” or “emotional” insanity, w
was drinking.” Another deputy testific +o , hs
i act is done under some overwhe
that the defendant knew him as a deputy crimuinai ai do =~.
i i d irresistible impulse, unless 1
sheriff; and when the witness, about two ing and W f “tay ea
i hat such impulse is the result of a m
months after the offense, stopped his car th ‘om —,
y disease or mental defect, overiding re
about 300 or 350 feet away from where the : ( ) : .
i i dgment and obliterating the scnse
dant was plowing, planting cotton, and ju set
eran oun the ‘tate and started down to right and wrong, so as to a pitagulbe
him, the defendant stopped his mule and generally accepted right and wrong :

PERRY

v. STATE Ga. 175

195 S.E.

or the exception, above referred to, of “de-
lusional insanity:’’ See Brinkley v. State,
58 Ga. 296 (4), 300; 16 C.J. 100-103; 32
C.J. 599-601. Nor, under our Code ‘and
decisions, is any recognition taken of so-
called “moral insanity,” or of an irresponsi-
bility “from an inability to control the will,
from the habit of indulgence.” Choice v.
State, 31 Ga. 424 (11). Nor does mere
weakmindedness, unless amounting: to im-
becility or idiocy, which like lunacy or in-
sanity may be held to deprive the offender
of the sense of right and wrong, relieve him,
the offender, of responsibility. Code, §§
26-301 to 26-304, inclusive; Studstill v.
State, 7 Ga. 2 (6), 12.

[6,7] 3. Applying the foregoing rules to
the instant case, although the evidence at
the trial of this adult defendant for the rape
of a seven year old girl showed that he was
of low mental development and a sexual
Pervert, it not being shown that he was an
idiot or an imbecile or insane to the extent
of being unable to distinguish between
right and wrong, or that he was laboring
under some overmastering insane delusion
connected with and compelling the particu-
lar act, it cannot be said as a matter of law
that he was free of- responsibility. The
crime having been proved, and the identity
of the defendant established without dis-
pute, the verdict of guilty was authorized.

Judgment affirmed: All the Justices con-

Cia.

PERRY v. STATE.
No. 12148,

Supreme Court of Georgia.
Jan. 19, 19387

Syllabus by Editorial Staff.

!. Criminal law €824(4) .
Where there is evidence to present de-
fense of justifiable homicide under statutes,
trial court must give instruction gn such de
fense, notwithstanding absence of request
therefor. Code 1933, §§ 26-1011, 26-1014.

2 Homicide e244

Under statute defining voluntary man-
Slaughter as killing resulting from passion
Justified by actual assault on accused or oth-
€r circumstances excluding idea of delibera-

tion or malice, where interval between as-
sault or provocation and homicide is insuffi-
cient for voice of reason and humanity to be
heard, assault may be found in evidence of

mutual intention to fight. Code 1933, § 26-
1007.

3. Criminal law €=824(3)

Where there is evidence of voluntary
manslaughter, trial court must give instruc
tion on such subject, notwithstanding ab-
sence of request therefor.

4. Criminal law €=824(3)

In murder prosecution, testimony of
state’s witness that deceased ordered accus-
ed and a companion away from building,
that witness heard deceased, in another part
of building, say, “I thought I told you all
to get out from here,” heard shots, and
found deceased scuffling with accused and
his companion, who were subsequently found
to have bullet wounds, and that deceased
had knife wounds and stated his gun was
taken from him, presented issues of justifi-
able homicide and voluntary manslaughter
for jury and required instruction on such is-
sues, notwithstanding absence of request

therefor. Code 1933, §§ 26-1007, 26-1011, 26-
1014.

5. Criminal law €=557

In murder prosecution, evidence of jus-
tification or mitigation may come from the
state’s witness offered to prove the killing,
or from evidence offered by accused,

6. Homicide €=309(4)

Where the law of voluntary manslaugh-
ter is involved under the evidence, the court
must give instruction on such subject, not-
withstanding that accused’s counsel, in ar-
gument, insists that the law of voluntary
manslaughter and of mutual combat is not
involved. Code 1933, § 26-1007.

7. Criminal law €=922(7)

In murder prosecution, neither accused’s
testimony, containing denial that accused
committed homicide, nor failure of accused’s
attorney to raise issues of justifiable homi-
cide and voluntary manslaughter in argu-
ment, waived or estopped accused from com-
plaining, in motion for new trial, of failure
of court to give instruction on such issues.
Code 1933, §§ 26-1007, 26-1011, 26-1014.

8. Criminal law €=1038(3)

In murder prosecution, under evidence
presenting issues of justifiable homicide and
voluntary manslaughter for jury, failure of

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176 Ga.

195 SOUTH EASTERN REPORTER

court to give instruction on such issues ree thur Mack * * * ‘Did you have en-

quired reversal of judgment refusing new
trial, notwithstanding that accused made no
request for such instruction, and testified
that he did not commit the homicide, and
that his attorney failed to urge such issues
in argument. Code 1933, §§ 26-1007, 26-1011,
26-1014.

JENKINS, J., dissenting.
ed

Error from Superior Court, Muscogee
County; C. F. McLaughlin, Judge.

Arthur, alias Squash, Perry, was convic-
ted of murder, and he brings error.

Reversed.

Geo. P. Munro, of Columbus, for plain-
tiff in error.

Hubert Calhoun, Sol. Gen., and Walker
R. Flournoy, both of Columbus, M. J.
Yeomans, Atty. Gen., Ellis G. Arnall, Asst.
Atty. Gen., and E. J. Clower, of Atlanta,
for the State.

Syllabus Opinion by the court.
ATKINSON, Presiding Justice.

Arthur Perry and Arthur Mack were

_ jointly indicted for murder of Charlie R. :
h of the table, and Essie was sitting back

Helton by cutting and stabbing him wit

a knife or other sharp instrument to the over
grand jurors unknown. On separate trial
of Perry the evidence tended to show the
following: An industrial institution in the
city of Columbus gave a barbecue at the
fair grounds, to which all its employees
and their families were invited. The guests I heard
assembled at 7:30 p. m., and left about 1
o’clock a. m. Separate places were provid-
ed for whites and blacks, the whites being
assembled in the large “exhibit building,”
and the blacks being outside near “the bam, b
other brick building,” all in the same enclo-
sure. The rencounter took place down fuss or sq
behind the “cattle barn.” Helton, an em-
ployee of the company, was placed tem-

porarily. in charge of the equipment and
the back down there where he was, and when

lice I got there and I seen Arthur Perry’s hand

He engaged go down that way, but what he had in it
* to I don’t know. Arthur Mack was lying on

materials left over at the conclusion of
affair. He was also a deputized po
officer and carried a pistol.
Ben McMurray, whom he called “Boy,

assist him in looking after the company’s

property. McMurray gave the following 1
“After the crowd left the fair Perry wa

grounds, me and Mr. Helton, Essie [Thom- Perry’s h ;
dAr- he done I don’t know, but I seed his hand

I go down that way. * * * J run and

account:

as], Mackie Hudson, Arthur Perry, an
thur Mack remained there. * * *

heard Mr. Helton ask Arthur Perry and Ar-

joyment at the picnic.’ They says, "Yes,
sir’ He says, ‘Allright.’ Mr. Helton says,
‘Look in that tub there and get you a bot-
tle of beer and drink it, and you all go.’
He was talking to Arthur Perry and Arthur
Mack and Macie Hudson. He says, ‘Get
you a bottle of be¢r and drink it, and you
all go ahead home,’ and I went to the tub
and got the beer myself and opened it and
gave it to them, and they drank it, and he
says when they got through to ’go home.
Mr. Helton says: ‘I got this boy hired
down here, and he is going to stay here all
night, and you all can go on home,’ and
two or three of them went off together.
And they went straight up the road toward
the gate. A few minutes after they left,
Arthur Perry and Arthur Mack came back.
Arthur Perry had a dime in his hand, and
he came back and said: ‘Boss, I want to
buy a bottle of beer.’ Mr. Helton says:
‘We done give you a bottle of beer, all of
you. We are not selling beer,’ and Mr.
Helton says, ‘I told you to get out of here,’
* * * and I walked up to Perry and
caught him by his arm. * * * JT rushed
them back up towards the gate up the road,
and I come on back and set down. The
lights were on then. * * * Mr. Helton,
he was standing over there at the end

there, * * * and Mr. Helton
walked from where he was back to the
switch and cut the lights off. He says,
‘Boy, * * * I will be back toreckly, I
am going to the back end of this building,’
* * * and in about two minutes * * *
him halloa down there. He says
* * * ‘TJ thought I told you all to get out
from here,—bam, bam, bam, bam, bam
[on cross-examination (I heard these shots
fired, about five. They were quick, bam,
am, bam, bam, like that as fast as
you could pull a trigger. I didn’t hear any
uabbling before)]. Boy, come
here, don’t let them kill me, don’t let them
kill me’ Mr. Helton was calling me when
he said ‘Boy’ * * * At that time I run

the ground flat on his back. Mr. Helton
aying across him just like that and Arthur
s on top of him. I saw Arthur
and go down that way. What

pushed Arthur Perry up off of Mr. Helton

Zi \ \

PERRY v. STATE a
195 8.E. _ Ga. 177

and asked him, I says, ‘What is you doing?”
and I turned from him immediately. * * *
and run up to Mr,. Dick Wise’s house.
* * * She [Mrs. Wise] called the of-
ficers for me. * *- * After I got back
to Mr. Helton he says, ‘Boy, get me to the
doctor as quickly as you can; do something
for me. Lord, I am dying. Do something
for me; get me to the doctor,’ and I called
the officer. I says, ‘Come on, help me put
him in the car,’ and he was too heavy for
me and him to put in the car, and he says,
‘Wait until this other man comes,’ and we
all got him and taken him and put him in
the car. * * * He said that black
negro had his gun. He didn’t call Perry’s
name. He says, ‘The black negro got my
gun.’” Other evidence tended to show that
Helton had sixteen knife wounds about the
chest and some in the region of the heart,
from which he died upon reaching the hos-
pital; also that the defendant Mack was
found wounded at the place from where he
was carried to the hospital; also that the
defendant Perry was shot through the
thigh, and made a trail through the weeds
and over a fence to a nearby house where
he gained entrance and from which he was
carried to the hospital. In his statement be-
fore the jury the defendant Perry declared
his presence and the shooting of Mack and
himself by Helton but stated that when he
got up and held Mack’s head * * * off
the ground he looked up and saw “two
somebodys tustling over there,” and further
Stated: ‘No, sir, I hadn’t touched Mr. Hel-
ton. I didn’t even touch him. I didn’t have
no knife.” The jury returned a verdict
finding the defendant guilty, without any
recommendation. The exception is to the
overruling of the defendant’s motion for a
new trial.

{1] 1. 1f on a trial for murder the evi-
dence tends to show that the defendant
committed the homicide “in self-defense, or
in defense of * * * person, against
one who manifestly intends or endeavors
by violence or surprise, to commit a felony
on” him, Code, § 26-1011, and “that the dan-
&¢T was so urgent and pressing at the time
of the killing, that, in order to save his
own life, the killing of the other was abso-
lutcly necessary; and * * * that the
oer killed was the assailant, or that the
<<. pe really and in good faith en-
fone oe to decline any further struggle be-
roo € mortal blow was given,” section 26-
atl such evidence would present the de-
Maia of justifiable homicide; and it would

the duty of the judge to give in charge

195 S.E.—12

to the jury the foregoing principles even
though not so requested.

2. If in such case there “be some actual
assault upon the person killing, or an at-
tempt by the person killed to commit a
Serious personal injury on the person kill-
ing, Or other equivalent circumstances to
justify the excitement of passion, and to
exclude all idea of deliberation or malice
either express or implied,” and the killing
is “the result of that sudden, violent impulse
of passion supposed to be irresistible,” and
there has not been “an interval between the
assault or provocation given and the homi-
cide, of which the jury in all cases shall be
the judges, sufficient for the voice of rea-
son and humanity to be heard,” the offense
would be voluntary manslaughter. Code, §
26-1007. Williams v. State, 125 Ga. 302, 54
S.E. 108, and cit.; Plymel v. State, 164 Ga
677, 139 S.E. 349. ;

[2] _(a) In such case an assault may be
found in evidence of a mutual intention to
ssi poy A v. State, 15 Ga. 223; Gann v.
State, a. 67; Findley v. State, 125 Ga.
579 (3), 54 S.E. 106.

[3] (b) Where there is evidence of vol-
untary manslaughter, it is the duty of the
judge to give in charge to the jury the law
on that subject, even without a request.

Kimball v. State, 112 Ga. 541, 37 S.E. 886.

[4,5] 3. Under the testimony of Mc-
Murray, witness for the State, the issues of
both justifiable homicide and voluntary
manslaughter were presented for deter-
mination by the jury. Evidence of justifi-
cation or mitigation may come from the
State’s witness offered to prove the killing
or it may come from evidence offered by
the defendant. Smarrs v. State, 131 Ga. 21
(2), 61 S.E. 914; Mann v. State, 124 Ga.
760, 53 S.E. 324, 4 L.R.A.,N.S., 934.

[6] 4. “Where, under the evidence in
the trial of a criminal case, the law of vol-
untary manslaughter is clearly involved, it
is the duty of the court to charge the law
upon that subject; and he is not relieved
of this duty by the mere fact that counsel
for the accused in his argument to the jury
insists that the law of voluntary man-
slaughter and of mutual combat is not in-
volved in the case.” Andrews v. State, 134
Ga. 71, 67 S.E. 422; Vincent v. State, 145
Ga. 293, 89 S.E. 203; Hill v. State, 147 Ga.
650 (3), 95 S.E. 213.

[7] (a) Neither the statement by the
defendant before the jury denying that he
committed the homicide nor the failure of

<n be att oe es.

ei ibesd a)

sisi

Bieta hs Sia3

178 Ga.

his attorney in addressing the jury to urge
the above defense waived or estopped the
defendant from complaining in his motion
for a new trial of the court’s omission to
charge the law of justifiable homicide or
the law of voluntary manslaughter.

(b) The case differs from Threlkeld v.
State, 128 Ga. 660, 58 S.E. 49, Hill v. State,
147 Ga. 650, 95 S.E. 213, Brown v. State,
150 Ga. 756, 105 S.E. 289, and similar cases
in which the attorneys, in response to direct
questions, induced the court to omit to
charge, and the omission was complained of
in the motion for new trial; and it was held
that the defendant was estopped by such
conduct of his attorney from complaining
of such omission to charge.

[8] 5. The error in omitting to charge
on the law of justifiable homicide and on
the law of voluntary manslaughter requires
a reversal of the judgment refusing a
new trial.

Judgment reversed. All the Justices con-
cur, except,

JENKINS, Justice (dissenting).

Although the defendant in his statement
did not claim justification or mitigation in
the commission of the homicide, but on
the contrary negatived any such defense
by denying that he was the person who did
the killing, it is nevertheless true that, upon
it being shown by the State’s evidence that
the defendant was in fact the perpetrator,
he was entitled to the instructions the omis-
sion of which is complained of, if under
any of the evidence facts or circumstances
of justification or alleviation appear. There
was no witness to the beginning of the ac-
tual encounter save the defendant and his
jointly indicted alleged accomplice, who did
not testify. Upon proof of the homicide,
a presumption of murder arises against
the perpetrator, unless circumstances of
alleviation, excuse, or justification are
shown. Turner v. State, 139 Ga. 593 (3),
77 S.E. 828; Mann v. State, 124 Ga. 760,
53 S.E. 324, 4 L.R.A.,N.S., 934; Anderson
v. State, 122 Ga. 175, 50 S.E. 51; Delk v.
State, 135 Ga. 312, 69 S.E. 541, Ann.Cas.
1912A, 105; Lively v. State, 178 Ga. 693,
698, 173 S.E. 836. In my opinion, no such
circumstances appeared in this case.. Cer-
tainly it would not seem that the evidence
for the State as to the circumstances prior
to and leading up to the homicide in any
wise tended to suggest that the deceased
was then or might have been subsequently
guilty of making an unprovoked or unjusti-

195 SOUTH EASTERN REPORTER

fied assault upon the defendant, such as
would justify or palliate the act of the
defendant in taking his life. The fact that
the deceased peace officer, in charge of the
company’s property in the large cow barn at
the fair grounds where the picnic occurred,
asked the defendant, upon his first entry in
the building late at night, if he had enjoyed
the picnic and gave to him and to each of
his two companions a bottle of beer, and
then instructed them that they “could go
ahead home,” would not tend to put the de-
ceased then and thereafter in the attitude of
a felonious aggressor. Nor could any such
inference be drawn from the evidence that
upon the subsequent return of the midnight
intruder, this time accompanied by only
one of his previous companions, the de-
ceased refused to sell them beer, telling
them that he had given them all a bottle
and that he was not selling beer. The lan-
guage of the witness McMurray as to this
incident is as follows: “Mr. Helton [the
deceased] says, ‘We done give you a bot-
tle of beer, all of you. We are not selling
beer,’ and Mr. Helton says, ‘I told you to
get out of here,’ and he run his hand in his
pocket an brung out a badge. Mr. Helton
says, ‘I can give you all a summons, I
can make a case against you, but I don’t
want to make a case against you.’” It ap-
pears that after this conversation the de-
fendant was led out of the building by the
witness. In the absence of any testimony.
by the jointly indicted alleged accomplice
as to what happened at the time of the ac-
tual homicide upon the third appearance of
the defendant and the alleged accomplice in
the building, and in view of the fact that
the defendant in his statement negatived
the defense of justification or mitigation by

denying that he was the person who did the,

killing, if there be any fact justifying or
mitigating the homicide, it must be taken
from the testimony of this same witness,

McMurray. According to this witness, the

deceased left him and walked “way back”
to the end of the long building, when he
was heard by the witness to say: “I
thought I told you all to get out from here.”
“He says, ‘I told you all to get out from
here’-—bam, bam, bam, bam, bam,—‘Boy,
come here, don’t let them kill me, don’t let
them kill me.” Mr. Helton was calling me
when he said ‘Boy.’”

This testimony, in my opinion, fails to
throw any light on whether the defendant
who did the killing or the deceased who
fired his pistol was the aggressor, unless the

RE RG OE Cet

MACK v. STATE
195 S.E. Ga. 179

status of the deceased as a custodian and
peace officer and of the defendant as a
trespasser, and the previous course of con-
duct of the defendant, and the dying
declaration. of the deceased, would indicate
that the defendant was such. The further
testimony of: the witness that he did not
hear “any fuss or squabble” before the de-
ceased cried out for help throws no light
upon the question as to who was the as-
sailant back in the darkness on the presum-
ably dirt floor of the cow barn. If the
armed defendant advanced toward the de-
ceased, there would have been no sound,
and the blade of a knife strikes silently.
When McMurray arrived on the scene, the
stabbing and firing were over, and all ex-
cept the last of the sixteen knife-inflicted
wounds had been made. The evidence
showed merely that the deceased, who was
stabbed to death, fired his pistol and cried
out for help from the defendant and the
alleged accomplice. This is all that we
know, except what might be surmised from
the: status of the parties and the previous
aggressive conduct of the defendant. Ac-
cordingly, it is my opinion that, upon the
homicide being thus shown, since none of
the antecedent facts put the deceased in the
attitude of an aggressor, and. since the de-
fendant did not suggest justification or pal-
liation, and since the evidence as to the
actual homicide throws no light whatever
upon the question as to who was the aggres-
sor, merely showing the stabbing, the shoot-
ing, and cry for help of the deceased, there
was nothing to dispel the presumption of
murder which arose upon the proof of the
homicide. The fact that, had the defend-
ant been killed instead of the deccased
Officer, the presumption of murder would
have arisen against the officer (in the ab-
sence of justifying or mitigating circum-
stances), does not impair the presumption
which in fact did arise against the actual
perpetrator of the homicide. The fact that,
after the deceased twice admonished the
defendant to leave the building, the de-
ceased while armed with a pistol met the
defendant on his third appearance in the
building, might conccivably, under the de-
cisions and under other circumstances, sug-
&est the propricty of a charge upon the
law of voluntary manslaughter, even though
such a defense was not suggested by the
defendant and was in terms disclaimed by
his counsel in argument to the jury. But
this fact loses all significance when it is
considered that the deceased was the cus-
todian of the property, and was a peace

officer who carried the weapon upon his
person in that capacity. See, in this con-
nection, Griffin v. State, 113 Ga. 279, 282, 38
S.E. 844. The perpetration of the homicide
by the defendant having been shown by
the evidence, and the defendant by his
statement having negatived the defense of
justification ‘or palliation, and there being
no evidence tending to suggest justification
or palliation, it would not seem that the
court, who charged upon the defense actual-
ly made, committed error in failing to
charge as to defenses, which were in no
wise involved under the evidence or raised
by the defendant’s statement.

MACK v. STATE,
No. 12122.

Supreme Court of Georgia.
Jan. 19, 1938,

1. Homicide €=300(8), 309(4)

In murder prosecution, testimony of
State’s witness that deceased ordered accus-
ed and a companion away from building,
that witness heard deceased, in another part
of building, say, “I thought I told you all
to get out from heve,” heard shots, and
found deceased scuflling with accused and
his companion, who were subsequently found
to have bullet wounds, 4nd that deceased had
knife wounds and stated his gun was taken
from him, required instruction on issues of
voluntary manslaughter and justifiable hom-
icide.

2. Homicide €=305

In murder prosecution, evidence that de-
ceased ordered accused and a companion
away from building, that accused asked his
companion if he had his knife and then sug-
gested that they return, that deceased was
subsequently found scuflling with accused
and his companion, who stabbed deceased in
accused’s presence, after gun shots were
heard, and that deceased stated, “They got
me,” “Don’t let them kill me,” and “They
have got my pistol,” authorized charge on
the subject of conspiracy.

3. Homicide €=341
In murder prosecution, under evidence
presenting issues of justifiable homicide and

trate Oe

Saar

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tinued from page 41)

xt Dudy’s Tavern. If you know
for you now, you'll make a clean
5 thing.” 7

oasty-faced and trembling, was

ugh to. know the jig was up. .

he said, “I’ll talk. Our gang,
-s, did the job, but we didn’t
nobody. I didn’t even carry a
ob was just to jump. the bars
‘e till while the other three
crowd.”

nions, he said, were David and
aahoe, teen-age brothers, and
mona, a 20-year-old Brooklyn
a police record dating back to

‘hey took it on the lam,” he con-
cy gave’ me a dirty deal, too.

changed me with only 18 bucks—.

- that stole the car and jumped
- them.”

vas booked on murder charge
jor a trip to Kings County Hos-
ve the bullet removed from his
» his hysterical protests that, “y

em touch me with a knife! I
yon’t!”?

ker was booked as a material
--r she had disclaimed all knowl-
. Davis murder and insisted that
othing of Giarraffa’s criminal

day afternoon, while detectives

sang Brooklyn for the other fu-

ubers of the gang, for whom an

alarm also had beer broadcast,
other startling turn.

ity police were notified by a

‘focal physician that he had been called in to

treat a 17-year-old youth named David Dona-

-ho¢, who had been paralyzed from the waist

down by a bullet wound in his spine !
- Police ordered the young man removed to

.the Kansas City General Hospital where,

under questioning by detectives, he admitted
that he was one of the gang which had killed
Bummy Davis in Brooklyn.

“Rut I know I. didn’t kill Davis,” he
moaned from his bed of pain. “I didn’t fire
a shot. I didn’t even get a dime of the loot.”

David Donahoe said he had been driven
1,200 miles to his mother’s home in Kansas
City by his brother, who .apparently had
started back for Brooklyn. He was booked
on a homicide charge pending extradition to
New York, although his condition remained
critical.

Late Sunday night ballistics experts an-
nounced that the bullet removed from the
neck of Giarraffa had been fired from the
gun of Patroiman Fritz, corroborating the
statement of the officer and justifying his
actions. Chief Inspector John J. O’Connell
ordered him reinstated immediately, praising
him as a hero when he learned the officer
ed had gone into action against great

ds. :

There was no doubt that the shots by Fritz
had led to the capture of Donahoe and
clinched the case against Giarraffa. Bummy
Davis had given Fritz the needed opening.

While detectives still hunted for Lamona
and Donahoe’s brother, District Attorney
Beldock announced that he would go before
the grand jury to ask the indictment of all
on charge of first degree murder.

The last fight of Bummy Davis was not
in vain, and his murder would be avenged.

FEprtor’s Note: To spare possible em-
barrasment to tnnocent persons, the name
Billie Marker, used in this story, ts not real
but fictitious.

(Continued from page 25)

said Perkins. “Here’s a payroll list. We ae

thought you’d want the names checked.”

“Good work,” said the sergeant. “But first
I’ve got an alibi I want you to run down.”
He gave Perkins and Brennan the slip of
paper on which he had written Donald
Smith’s statement.

Fitzgerald phoned Sue Ann Lane’s rela-
tives and learned that the girl had not yet re-
turned home nor had she been heard from.
Had she, too, been murdered and her body
hidden?

The sergeant ordered that the search be
redoubled in all vacant lots and other pos-
sible hiding places throughout Savannah. He
cautioned officers to be on the alert for a
girl’s body as well as the dismembered parts
of a man. Hours slipped. by, however, and
nothing came of the macabre hunt.

Then. Fitzgerald thought again of Roger
Coursey’s dogs. He remembered what the
neighbors had said about their nightly howl-
ing, and he resolved to get to the bottom of
that mystery without further delay.

He drove to the Coursey home and talked
with the sportsman. “Are your dogs still
howling at night?” he asked.

Coursey nodded. “They’re still at it,” he
replied. “They were especially noisy late
Saturday and Sunday nights. I thought
they'd quit after the leg was found but they
oe still howling after everyone has gone to

“That means someone has continued to
disturb them,” Fitzgerald said grimly.

THe DETECTIVE sergeant went back to
the East Thirty-eighth Street neighbor-

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in a beer parlor a few nights earlier, when
discussion turned toward the grisly subject of
the severed leg, Jesse suggested that his party
visit the vacant lot where it was found.
Several young people accompanied him there,
but all left when one girl got sick.

Sergeant Fitzgerald was convinced that
Jesse McKethan was the man whom he had

trailed from the vacant lot across the street |

from Roger Coursey’s home to the park.

Then he learned that McKethan had made ~

- other visits to vacant property in the neigh-
borhood. It was reasonable to suppose that
the seemingly irrepressible urge to prowl the
weed patches would seize the young man
again. ‘

So Fitzgerald hid himself in the shadows
near Coursey’s and waited. At 11 o'clock
that night the dogs began to bay. The
sergeant saw a shadow slipping furtively into
the lot. He followed, moving swiftly behind
the figure without noise.

He was only a few feet from the prowler
when the man sensed his approach. But this
time, casting the beam of his flashlight full
on the fellow’s face, Fitzgerald saw who it
was. McKethan, plainly showing surprise
and fear, was off like a scared deer.» Fitz-
gerald watched him streak down East Thirty-
eighth Street to the door of his home.

Early the next morning the sergeant
took the bloodstained paper bags to the
company which manufactured them and soon
discovered they had been made on McKe-
than’s own machine, but had been discarded
because they could not pass inspection.

HE YOUTH WAS arrested at his home.
At first he sought refuge again in the
alibi that Luther Aids had left him to keep
a date with Miss Lane, but the officers quick-
ly overcame it by showing him the mountain
of circumstantial evidence piled against him.
“Okay,” Jesse sighed at last. “I'll be glad
to get it off my chest. My billfold was
stolen a few months ago. The Sunday night
that Luther—that I killed him—I saw a pic-
ture in his wallet that had been in my pocket-
book when it vanished. I asked him where
he got it. He said, ‘Mac, you’re high now.
Let’s forget it.’”

“You had been drinking beer, hadn’t you?”
the sergeant asked.

McKethan nodded. “Yes, too much beer,”
he said quietly. “I insisted on talking about
the picture and Luther hit me. I grabbed:
him and we tumbled out.on the ground. I
guess my hands are stronger than I thought
because I grabbed him around the neck and
before I knew it I had choked him. I listened
to his heart and when I didn’t hear anything
I knew he was dead.”

McKethan said he then was_ terribly
frightened. He took the body to his home
and dragged it under the house. He re-
turned Luther’s car to the Aids home.

The next day he bought a bottle of disin-
fectant, and that night began dismembering
the body with a hatchet and knife. He drank
wine and beer to nerve himself for the
gruesome task.

Packing the parts. of the body in the two
bags he had brought from the mill for that
purpose, he carried them to various vacant
lots and to Daffin Park.

“While I was burying the head on the
island at the park, a police patrol went by
and flashed their light right in my face,” he
related. “I got scared and threw the head
and the arms in the bushes and ran.”

McKethan’s confession dovetailed in every
detail with Fitzgerald’s investigation. The
young man stated that he had become appre-
hensive that parts of the, body had been
~found and had made nightly rounds of the
spots where he had buried them to check up.

“T haven’t been able to sleep since I killed
Luther,” Jesse declared.
myself tired, but that didn’t work, either. I
guess now I'll be able to get some rest.”

tigation of Jesse McKethan. He learned that

“I tried to walk

he readily signed, Jesse McKethan led Fitz-
gerald, McCarthy and several other members
of the homicide division to the spots where
he had buried the rest of the body.
They found the torso at Thirty-ninth and
Live Oak, and the right leg at -Thirty-sixth
and Cedar. i
Daffin Park was the last stop for the
police party and here, at McKethan’s
direction, they recovered the arms and head
of Luther Aids on the bamboo covered island
in the lake. x

George Aids, who had accompanied’ the
officers, identified the decomposed head as
that of his missing son Luther. ;

Fitzgerald and his aides searched under
McKethan’s house and recovered the hatchet
which the young man had used in_ his

butchery. They also found young Aids’ clot
ing, which McKethan had buried there. They ©
photographed the bloody thumbprint on the —
_ garage which Aids had described and dug up

F ollowing his ‘Tengthy “confession, which

wie te, ees
ae Se

a bloody pillow which McKethan had placed
under his victim’s head before cutting up

the body. nae

Following young Aids’ funeral, which hun-
dreds attended, McKethan was given a pre-
liminary hearing. On October 20, he was
bound over to the superior court without
bail on the charge of murder and. is being
held for trial.
been set.

Eprtor’s Note: To spare possible embar-
rassment to innocent persons, the names
Donald Smith and Sue Ann Lane, used in
this story, are not real but fictitious.

my IF THAT BLASTED PLANE } LOOK... HES LANDING
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The date for the trial has not

“It wouldn’t seem like the old haunt — without Pepsi-Cola!”

‘said. “But I had nothing to go on until this

‘ years in Florida, and when Luther came

hood late that night and hid in the shadows
between two houses. About 11 o'clock he
heard the dogs begin to howl. He looked
across at the vacant lot and saw the figure
of a man slouching up the path. The feflow

stopped for a moment at the spot where the ~

leg had been found, then walked on.

Fitzgerald followed at a distance. The
man then walked to a vacant lot at East
Thirty-sixth and Cedar Streets and fumbled
around in the weeds for a few minutes. From
there the sergeant followed him to East
Thirty-ninth and Live Oak where he re-
peated the same furtive movements.

The man did not stop again for a long
time. Then he turned in at Daffin Park. As
he reached a bamboo island in the middle of
a dried up Jake, near the swimming pool
_and roller rink, Fitzgerald turned his flash-
- light on him.

He glimpsed a face in the brief second’s
illumination but was too far away to see it

plainly. The man turned and. ran, Fitz-

gerald streaking after him. But the myster-
ious figure soon eluded the officer in the maze
of shrubbery in the park.

Fitzgerald hunted for more than an hour,

but failed to find any signs of his quarry.
Then he retraced his steps to his car and
drove back downtown. |. —
Although he still didn’t know the identity
of the solitary stroller he was satisfied that
the man whom he’d surprised had had some-
thing to do with hiding the leg in the vacant
lot. And the sergeant suspected that the
ither places the stranger visited were burial

trounds for the missing members of the.

ody to which the leg belonged.

Early the next morning he told Chief Mc--

Carthy what had happened the night before.

“T’d like to have a squad to help me recover.

’ the’rest of the body,” he concluded. :
The detective chief thought about. this
awhile: “It would be a lot of work and might

‘$ lead to nothing,” he said. “I suggest you

wait until all other possibilities have been ex-
hausted. You may be able to trace the

killer by other means and force him to lead-

you to where he’s got the body buried.”

Perkins and Brennan reported that Donald
Smith’s alibi was ironclad.

Then the phone rang and a young woman
asked for Fitzgerald. “This is Sue Ann
Lane,” the girl said. “My folks told me
you wanted to see me.”

“We’re checking on the movements of
Luther Aids for the night of October 7,
and want to know if he kept a date with
you.”

“No, he didn’t,” the young woman replied.
“He was supposed to take me to the bus sta-
tion, but he didn’t show up. I waited until
the very last moment and I barely had time
to catch a street car.”

Fitzgerald slammed down the receiver and
told McCarthy what he had just heard.
“That takes us back to Jesse McKethan,
since he was the last person to get out of
Luther Aids’ car.”

“But McKethan was Luther’s very best
friend,” the detective chief objected.

“I know,” Fitzgerald replied. “But I’ve
been thinking about all that’s happened since
young Aids disappeared. And it strikes me
as being odd that McKethan knew so much
about how the leg looked even before the
details came out in the newspapers.”

“Then you think young Jesse has guilty
knowledge of his friend’s death?” %

“I don’t know,” Fitzgerald admitted. “But
let’s have a look at the list of employes of
the bag company where the bloodstained
sacks were made.”

Fitzgerald and McCarthy scanned _ the
roster eagerly, and halfway through it found
the name of Jesse McKethan.

McCarthy leaned back in his chair. “This
reminds me—I ran across something in my
files today I should have remembered at the
start of this case. .

a couple of mothers out in the south end.”

They were complaining that McKethan had |

been hypnotizing their children—making
them go to sleep. I called him on the carpet

about it and» he showed me how it was done.

He simply pressed a nerve in the back of
their necks which induced sleep. It’s an old
magician’s trick. But it scared the children.
And their mothers demanded that he stop
the practice.
I'd have to put him in jail if I ever heard
of his doing that again.”

The detective sergeant decided to dig more
deeply into the background of McKethan’s
friendship with Luther Aids. He talked
with Mr. and Mrs. Aids about it.

“Jesse has. been here almost constantly
since Luther disappeared,” Mrs. Aids said.
“He’s tried to do everything he could to
help find my boy. We've followed all his
suggestions but they’ve come to nothing.”

Als LOOKED darkly at the detective.
..» “It’s my idea that Jesse’s hung around
either to find out what’s going on or to salve
his conscience.” °

“Then you suspect McKethan of having
something to do with your son’s disappear-
ance?” Fitzgerald asked.

“I halfway suspected him all along,” Aids

morning I found something which makes me
almost sure. There’s a bloody thumbprint
on the McKethan garage door at 1101 East
Thirty-eighth Street.

“Then I got to thinking—Jesse was al-
ways sort of jealous of Luther. What I mean
is, he seemed to resent Luther having other.
friends. He was possessive that way. He
was all broken up when Luther stayed two

ete Jesse hardly ever let my boy out of his
sight.”

“Don Smith said your son was afraid of
someone,” the officer revealed. “Could it
have been Jesse McKethan?”

“Jesse had the reputation of being able to
hypnotize people,” the father said. “Possibly
Luther was afraid of that.” Jat

Mrs. Aids had been silent, twisting a

handkerchief nérvously in her hands. There ‘

was a dark, smoldering look on her’ face.
“Listen to me, you men,” she said. “Up

until now I’ve made myself believe Jesse |

was joking about a horrible thing he pro-
posed just last Sunday. But it fits in with.
all you’ve said and guessed about that boy.

“He came by for me in his car. Like we
told you, sergeant, he was forever underfoot
pretending to be trying to help. He told me
he had an appointment with a fortune teller
who could reveal where Luther was. I said
I would go to see this clairvoyant only if
George, my husband, approved.

“George was at the night club he operates,

so Jesse drove me there to talk with him. On 4

the way the boy asked me how much insur-
ance my husband carried. He suggested that

we kill George and divide the insurance ~ 7

money. :

“I told him, ‘Don’t be foolish, Jesse,’ but
he kept insisting we could get away with it.
When we reached the Shipyard Inn, he said
he’d only been fooling—that he wanted to see
if I’d act like a woman in a book when the
same proposition was put up-to her. He
asked me not to say anything about his sug-

gestion. I thought it was just: some foolish . ~#

prank, and so I’ve not mentioned it until
today.” | toil
Her husband remembered the incident. “I
was suspicious of Jesse eyen then, and I
refused to let my wife go with him to this
fortune teller,” he said. “I didn’t have any
evidence to present to the police, but I hoped
that if we just strung along with the young
murderer, sooner or later he would tip his
hand.” erat
Fitzgerald refrained from making an ar-
rest. Instead he directed an undegcover inyes-

“Two years ago I received a report from

I told him at the time that -

re ne

McKEITHAN,, Jesse, white, electrocuted Georgia (
8/2/1946...

ETECTIVE CHIEF JOHN C. Mc-
CARTHY of Savannah, Georgia,
leaned back in his chair and
took a better grip on the phone.
“You found what?” he asked
incredulously. ‘Let’s have that

again!”

e voice on the other end of the
wire was shrill with excitement. But
the speaker made an obvious effort at
self-control. After a moment he re-
peated his words:

“This is Roger Coursey. I had my
dog out this morning beyond the 1300
block on ‘East 38th Street. She
pointed something in the high grass
and then shied away. I went over
to look . .. and found a human leg.”

“T'll send a couple of men out right
away,” McCarthy promised. “You
can show them where it is. Let me
know where you're calling from, and
they’ll pick you up.”-

Jotting ‘down this bit of informa-
tion, he replaced the receiver. De-
tective Sergeant Edward A. Fitz-
gerald, Detectives J. F. Brennan and
W. J. Perkins had been interested
listeners to the chief’s side of the con-
versation. “Think it’s a phony call?”
Fitzgerald asked.

“I don’t think so.” McCarthy
drummed the stub of a pencil on his
desk. “The guy must have found
something, all right.. A human leg,
he says. You’d better pick up Coroner
Ham and make an investigation. The
doc’ll know right away if this is some

Chatham County

in the bizarre case being examined by officials. Left to right, Detective Chief John
C. McCarthy (in foreground); Detective Perkins; Sergeant Fitzgerald (squatting);
Detective Brennan and Chief William Hall, in charge of the police of Savannah, Ga.

By MARTIN

medical student’s idea of a joke. But
joke or not, I want a full report.”

As the squad car driven by his
men growled its way out of sight and
hearing, Chief ceCarthy relaxed
slightly. The years during which he
had headed Savannah’s homicide di-
vision had seen the successful solu-
tion of a number of murders. But
never, so far as he could recall, had
a dismemberment case appeared. The
chief sighed and looked at his desk
calendar. This was October 15,
1945—a Monday morning. The leg—
if such it was—had probably been
placed there by some medical student
as a gruesome climax to a week end
of revelry.

“Those kids have no respect, even
for the dead,” McCarthy grumbled.

Half an hour later, however, Dr.
Emerson: Ham, Savannah’s acting
coroner, phoned in a report that sent
the chief into immediate action. “This
is a-«human leg, all right,” Ham
drawled,. with maddening slowness.
“And it didn’t come from any pre-
pared corpse, I’d say the victim was a
young white man, perhaps twenty to
twenty-five years old. Chunky build

and brown hair. There are no scars
on the leg, and no apparent reason
for the amputation, which occurred
possibly eight or ten days ago.”

McCarthy ‘replaced the receiver,
yanked his hat over his eyes and
raced outside to a police car that was
waiting.

HE gruesome find had been- made

in a weed-grown, vacant lot. Mc-

Carthy joined the little circle of
men and examined the grisly object
with considerable repugnance. ‘The
chief was no surgeon, but even to his
unskilled eye, the amputation was a
businesslike job. The leg had been
severed neatly, high on the thigh.
The incision was sharp and clean.
The bone itself had been sawed
through.

McCarthy looked at the coroner.
“What makes you think. this isn’t a—
well, the result of a legitimate
amputation?”

Ham shrugged expressively. “Sev-
eral things. or one, there’s nothing
wrong with the leg that would have
necessitated such an operation. In
the second place, no preparation was—

THE GRUESOME FIND WAS THE FIRST PART OF A MURDER PUZZLE! .

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ENQUIRER, Columbus, Georgia, 12-10-1938.

gat BIT CN. ee SoUTOINE
pe in the CCC afte’ Bractor drive
Tt when they rs), chain

CTT OB” Ce

= Chas. Helton

—
ge 1)

Hei

Eattern
i otfeciate

"Dr 0. B Newsom. pastor of the S AAT
ghts Baptist church, . El deslawr Be morn!
Interment will be , 1

Prégressives:

1 oid, effective Oc- os
2 = ith rdate cemetery
young fen coming = - : The following: will gerve as
16 left. agriculture. bo The iwn. Negroes, in COMpAHY pallbearers: Active John New-
rs eee or ond abe telegrapny with Mackie Hudson, another P- Lerry, Albert Munro, Curtis Bra-
They will find |linesnen hospital arderlys, mest gro, appeared at ine fuir grounds gy Claud Layfield. Clyde Land
tind employment [munagtrs and waiters Lys, mest ert 230 olclock Saturday morn= nd Ocie Allen, Honorary: Clause George.
be giad to] W Geo ing and asked if they could DU Scarborough, = W. A. Richsrds, Sine. Savith—18
but a ceier ‘ When these ac he Ce beer Mr Helton, who was 1) jong Usher, §. D. Wright, Robert Republicans
se ca i SE tld ac O~ charge of the suppiiet, told ther Egmunds Jr. end Tom. Humber. Bridges, rs
pause a the Warm S$ mt Sera sei them any beer As» matter of precaution Sher- Johnson of California.
is wan hat nae but would give them some Thy ut C. C. Laytield and e few extra Nye, Steiwer. To
Se keep up with the news and — ae Go el es eee optioned a4 the jail | Mare, White--19
mg! ‘reir hone / 2 bd during Seturday night of account
riage beck i : of the rie eg ideo, wat Te of feeling against the ne- VOTE ON
‘ ‘ t retur
Carclina| As Camp Bducetionel. Adviser 3° of et ee pplies groes in some quarters. Lng agg ie
a grad a ee _ ag en” aT |emete vote .
a t i : e : 3 et
t thee is’ “Budson told ~— Ldagaratdyil Rivers— oS bio: Beck-Connery ’ wage
. thah on ng their way to ogee ce e
; : (Cantinued from Page 1) Teo réecornmit—.
upon ee hoa mee A es bak determination on the part of those 2
the beer or “the man,” escaping to make their way © Agtrews. Bailey,
“‘Glaimed, asked Massachusetts in order to be safe | Burhe, Byrd.
knife en him from return to Georgia” | Clerk, Connally
We are nt a ‘hudeou ae The break of Vincent T. Baker, | hey, George.
® murred on returning and went on sera aig Poua os rae BH Bie een

Pan always be counted and other radio stations in & ;
ay worthy cause. Some to help us piace these Georgia
cers to already carry men. :

editorials are. The

ter hearie€ was cited by Rivers .
“Present clues.” he sald, “Indi-] —
cate they are headed your way).

who Mr. * Heffn Shooting an unarmed guard in

PE Brees ness and crane ae aon MéMarray
erald, = this large number of capedie men called “Boy.” also wid of hear- one leg. the three stole arms an4é
peescral county new ibtiey avalon Lehi “ing the discharge. He said that ammunition from the camp &r-
ied sod comin he did not see any parrons some senal and fled in a new motor car
point from Miss

sized at pistol

sons in Charlotte; We will be very grateful and : i
. tS ; distance away after the cond
: eee nat pO BN CEE pote Fgkager visit of the negroes, but M- Hel- Katherine Parsons, district quper~ ts
er air each week td in your splendid paper. You wii probably did as he left and visor of state child welfare work. |, :
mr, of the COC also be benefitting your own city, went back of a building, It was In a series of other breaks re- ry, Bilbo, Bleck, hose
Be con qualifi ve many of these men live in Co. then the pearo beard five esots cently 12 meh have gotten away Michigan, cen '
E company for jobs, ar¢ lumbus, We will be glad to tur-, "08 out followed by Mr. Helqon oe life termer, was fa
b men. The greater pe nish you with any additional in- Shouting ‘ ay have upon my éesk this
m are hi school formavon desired. fummens Help morning” Rivers said, “an of-
and are especial! ‘Very truly your, ; “Come here ‘Boy’ Don't let peiet communication from the | Coforado, Lee, Lewis,
a special type of work. _ ¥. W) ROBERTS. them kill ime” Gatrman of our prison pommis- Lonergan, McAdoo, Magill. 5
r cooks Camp Educational Adviser. | McMurray ran to the ge A cien in which he calls attention Keflar, Minton, Moore, Mar
: tae Neely, O'Mahoney. Be

to this epidemic of
losa of Ife and property
thereto, and he points out that

the saund of the
he voice called out
nized the two

‘from which
icharge and t
ead said he recog

rx. rock masonry, land- York,
< pentry, brick masonry.

i i"
. negroes who had sought to pur- these braeks were by your
A : ichase beet in a struggle and that unprecedented official atteck. man, Ven Nuys, Wagner
Va & . Perry wax on Mr Hetton, using “The refusel of @ ve- | and Wheeler—4. |
q ‘his hand ws though stabbing him quest of one governor to another} Republicans:
N He pulled Perry away, ran to the to reopen such @ case for further 1.
@ r offices of the expoaitian, where hearing 1s beyond understanding. Parmer-labori
Officer Wise resides, and gave the x x x 1 am informed that the} Landeen
alarm. Massachusctts state prison at] Progressives:
On arrival of police. including Charleston is greatly overcrowded LeFolle 1.
Pee ee Captain Joe Spence, Call Officer and has been the scene of severa]| Senators peired for
“Bob Flournoy and, Officers Jake mutines as @ result of treatment | to t: Herring (0. low
Land and ,, Gibson, — they found of prisoners, and ig 137 years old. Holt (D., W. Va.); and
Mack, inthe extreme south ené of and that the inmates just recently | (D_ Art.).
‘the grounds. about 40 yards from crested @ series of disturbances! Senators paired
where McMurray said the strug- over charges of favoritism and | ggainst the motion: :
gic took place. need for political pull in obtain- 11): Smathers (D.. NJ);
Each morning I wes eo com- to the hospital. The negro drove ing releases, and t the place: ¢ind, Neb.); and -
m out that I could hardly gaged a negro later to carry him has heen condemned as @ fire} ariz.). je
tened up my beck Was 8 4, the hospital The neiro drove : 'T8P. and that the senitary tacili- Benators paired, wut
sore and stiff. Neuritie aeveloped in Boe ; {ies are obsolete.” ;
a Broadway service station. not ; Duffy
for my shoulders end the back of my Rivers said there would be no, WU.
peck and the suffering was awful and an employe sensing something: risal aguinst Massachusetts in| 524 Gibson (Rr, Vu). .
Por many years indigestion. gas ad Wrole insisted that the car be | ot it wanted to extradite pris-
| Dioatt eee after driven hice ee o “not only beca ae t cons Ja :
eating 1 ket In over to. - ps *
? ‘ceive It to be my duty tows yos
po teeeiner at him to the ood the people of your state, but (Coatiansd

do not:

oe soceeaigritiey Be
ows that I wae often unable to 4 for the.
anything in, my bay ved want to make Georgia a dumping sin sector
tremble 10. i” daca nd for gecaped criminals from
imentea with many diff husetts.”
af remedies hoping to find geome | e, Gun Missing vivan L, Stantey, vice chatr- | tively
to reech my complicated cate’ Police searched the ndp but! man of the prison
elton’s Tre; t a statement de-
a any knife It ta be-iclaring denial of the e
er. Helton was*

tch blade knife.

of night through without any
ger | ances. the awful bachaches
ion amd 1 awaken every

‘ts new énd always wat
Georgia. tn New Eng

<r ts wring company’s office,
1 geegt 10 o'clock. lest niedt, in en
generentty dazed condition When
.y fhe \detectives were summoned,
. they sald that the youth
« @en@ irform tem only of the | ¥
» Sa-8 that hic “head throbhed®

Unon arriving at the hoxpitel. | 4
. ‘where he underwent an examiha-) 0"
ae tom i was beloved that the

‘ Might be suffering from
es] of memory.
f We was questioned by detec-
. tives. physicians nurses ard
> Fepeetentative of The Enquirer.
but could give no copesive replies
, we the questions.
When asked as tc what was his
mame. at to where war his home.
er what hurt. him. he. omerely

#48
rads
f
3
:

?
‘

- Bhoek Nis head sadiv and)
wbetniexsly, ey don't know | 3 he the ? bellev-
_ times he would reply. “My head ing that thousands of weet
uy. throb” | out of the state vy
The youth was 5 feet 11 Inches ters ta bis eection for
fw height. wetgned 145 pounds. | jigs recnen mules would be spent in
_ had ae and fair com- ia iad dnl cinity if the animals
plexion. e wore a. brown i ay
fs gweater, with black ztoner jacket. oe aiean, = Sevadalyprt switches closed by as Reports chewed
Black trousers. and blue te. Sur organizations et 11:13. He wae
_ Ia his pockets was a social se- | 0 —_ deed et 11:21 for George
curity card rt “Fourth, to with other |Camp and Camp's dsuahter. Mrs.
. bearing the number
218 10-4028. dated December 19. organizations, with municipal, |Christine Pauls, near Symrne.
($936. with an address upon it as | COUD'Y. state and federal agen-| Mack felt the current at 11
- Sotows: 818 North Patterson Park | cles nm was dead at 11:39 and was fol-
‘avenue. Western Electric Co. Inc.| “(a) Eatablishment of state |lowed by Arthur Perry convicted
: fapother card wee found in his | parks properly spaced over Geor-|With him for slaying Chari
eta bearing the name of Er.jgie, end to provide recreational watchman.
lien Goolsby. 700 Spring street. | facilities within easy access of the Perry got his first shock at 11:44
with the notatian below this ad- | whole was dead at 11
- gets. of “sent by W T Anderson’. | “(b) To mark, maintain and|_ Jim Henry Willtems, Chafile | The lish
Stil] another card in the vouns | properly pub points of his Rucker and Carter, sentenced for | improved.
- man's pockets read as follows: | toric interest in Georgis. killing Police C. T. Thorn
“Maryland. State Emplovment| tic) Work for the besutifica- ton at Jackson. came tn that or-
Service. Harold T. Hansen tion of highways and the preser- ponte praise ge’ fir ape
wi . wi h 4 wo oe a was bad
vation of wild life, with such i vinistered and he died et 12:06

. other functions as may fall with-
in the proper scope and latitude
of a park and recreational

a590-
ciation.”

claim was noted on the card.
,Gated September 19. 1988. «white
the Inst claim was dated only *
riot thne ago. on November 29.

An Ident fication card from the
Western Electric comeany, Inc. ,

Defuite Pless

‘Definite pians for tting the)
foregoing objectives to effect |
were worked out by the commit-
tee. to be presented to the Macon!
meeting. and these are of a chur-

walter:

and that he worked in Dep.
and curnched”
mumnber 22 with anothes num: :
The works:

of “The Pe
Association, Inc..

and certified that H T. Haren. pe

(Cantinaed from Page One)
and on the lin

e>* "ter in congrest TS? ‘
large'y on results of the re
7. W. Dugar. AAA @

‘newspapermen tn
may the cutter, Eden had:
paced arswers to all expected .
His biief speech foie |

|g sized” m ie said sts quesLans.
ine ES, probab wey 7, that the lows:
~“pesults woul rabies re
as those of last March, voren cot- flerce inquisiters It is herce I'd

lke to follow my usual practice

ton farmers
for the and be as frank as poss:Dir

120.940 in favor of quotas

Ti sae
give

«. te more usets:
the peferwn- <

ngoter and
ne do

~ Kentucky Tennessee fa gee tem pow hs
pour: Kansas. Arkansas. Loujsi- | cttles an ‘peckdie

"ena, Texas, Oklahoma. New Mex-! Tl be here in New York until
foo. Arizona and California | Monday when She 0 ag

” By ‘ my ia r y Lindsay tfe
Fe cain Cecstina, (he ERS: sme Tne.

¢ q . Florida agd Ataboma. itértain us there for two

bei! rig Tae ba Louisiana, Arkons- i Either from Washington or on the
be os, Missouri, California ind Hae way back to New York I am most
‘anxious to see something of mag
jand--something of Annapolis. ‘d

The national marketing quotas: | 1, see the preparations for the

es i re ere ee

while
coursed through him at 12°28.

ivteted of strangling his daughter's
Linfant chila. wae saved from @
iplace tn the death parade bv fal
last-minute.

was found in his pockets. alse. | scter expected to prove highly in-

¥. This card showed that the owner | teresting to those communities | &ranted by Govercor EB. D. Rivers.

ef %t was named HT Hanser, b special attractions for; AN the condemned gained
iwtrength and calmness from their

pe iT. W. Smith of Columbus, vastor
ief an African Methodist Epicen-

t i
.arms

‘and emfling
death mask was dropped over his

an oe ae it fulfills # long-stand- [heed

uit times to wiew one's Own |

Raymond's

Tam Dickerson, white man cone |

W-day = reprieve,

in the worl’ by

oth the

n time

After his dramatic praver be-

‘side the chair he arose unaided. |
>—“SSomeine told the yeror were Peuled. Rimsett—¢ as ing, eleetyocu

lunward with a trance-like gaze were gra
the (nor EB. D.
‘prison commission
‘special appeals for
laf their sentences to life

himself gard. vas Joak

hanoilv when

Another Is Accused

ce last October ‘
But even he closed on 3
citiatory mote wher bios tae
were “gocdbre.
we'l satisfied.”
Carte ;

after he had marched to the chair.

been stratoed in
Before the mask could be put
om. he asked that a Bible be

one read from ft the 24th verse
of the 6th chapter of St
Matthew. Sergeant W. L. Horne.
who accompanied ail the prison-

. finished

shaken hands with guards and .,,

placed on his knee and that some- |

fore on the lat walk. complied

Friday.

The negroes were first tried sep-
arately on August 5. 1987. but on
} to the state supreme court
‘they were granted new trials. In
February of this year they were

December
‘third date that had been fixed for
tion of Arthur Perry

was a member tn good standing | gides of their tops. {
Of that orgarization, during 19 | He readily agreed that nat only De Tee et OF theie Beet) ee No
- qos8) ott was signed by EW. would this plan eliminate darger oCe meer , .. dered Chs
* Stockhanson. president. and by put would meet the difficuities seacet a esol in this worl 7 poke citicnt 7
ff, A. Perkins. as secre ‘ bo. night uly
ek Mie ee the problem of ero-| with a staff in his hand. he

Be i 5 is comin’.

oe “Oh you sinners, better get appea

Anthony— ready

‘placed on trial
ted jointly. A motion for new
) \trial was denied by
much like a conductor directing ‘McLaughlin and the cases again
an orehestre er chorus. iwent to the supreme
the trial verdict
They were then sentenced to be |

ted_onSeptember 4, 0at Crow lay ne
nted a respite by Heern. all of Ce

1938 crop. : :
an AA offierais sid they exnect- ‘ing ambition of mne to come to | :
: Oye t bores vate to Le close the States. While | have been ro rhea was the on!y one who onment. w

Quotas fnr this years ces Aan by Carada and m addition had a few [Mamet anger’ oo lings bie pane and the

z ¢ WGA42 525 tye most enjoyable Sours 'n Honolulu, ; ue a execulan was
ioe ae 2 a ide . s bach tnie is ry my first visit to eat peer fea ot heloing hiro in the dual !court here: for Friday.
ceswiiakan weiter pt a court pp ted States tra an Camp's farm. @ crime 8.
ay Cent iitinwaltty cf + hPa rbot ite clear which, led to facial. disorders in | A final extraordinary appeal for
: S$ nyrda j@ehorty ‘efter 2 woes ~ 4 mutation of

wae made to
“?hureday by J. O

‘cunsel, but the governor again
_tecline’ the a
i Attached
on : According to evidence f
atiy yrume@est of the six, | cases.
@@ded drama to the lethal scene pe st the trial of the

Rivers that he and the; The funeral .
might. hear Sunday after
commutation pry residence,

hich were denied after |

the

20. 1937.

again and were

Judge C. ¥

1 | tine, she t
court and Marvyn Thomas
affirmed. sisters, Mrs. Ma

was \
Esteli Smith, |

tmprio- | Rev. Frank

last date for their
then fixed by the
December

Mack's sentence .
Governor Rivers)
McGehee. his City

preal. :

here |
and |

‘spicata A rf. | cialion.
September 19. 1958. while

Pisses
Definite plans for putting .
objectives tn
: by '
fication card from the:
ectrie company, Inc,jjrnceting. and i. te |
nd in his pockets as xpected te prove highly ine |
\ is card showed thet the weer | wires) those communities”
= tt was nared H T ser) cial attracuons for | AN the.
, and that he wtked in vint : _ (Strength i
“ment 019. and rer ched chock} Providence Canvons and the “ineine ¢
mumbet 21 with another number | Big Leaf Megroha Trail te veil W. Smith of c
pearty, E No $28!.: The works |ereated on Pine Mounts sof en African M
telechome cumber was Broadway | digeussed at length. ehurch
Sull ancther ‘card bore the title | est in the recent
Point Breeze Employee's | struct “cat-
_ Association. Inc. of Baltimore”. | toms of the
_ and certified that H OT. Haren perm.t peor
4, was 8 member In good standin’ | sides of their tops. i ,
"of that organization. durrg 1927-! He readily agreed that not onty | the negroes as
<< $998 Th was sigred DY FW would this plan eliminate Gn OL

an’ bve. Sa
bs aff in his hand. be |

Stockhanson. president. ard by put would meet the difficulties | “God is comin’ im this worl’ by police oft
opr of ero- |

@ A. Perkins. as secretay. prem
9 Polite ere investigating, any ted. by the syd ota :
: ee com ih

. Fa . = ae vr ve 4 aia ah you sunnert. better get)

a7 readyv'
~ | 6 (Oenmtineed fren Page One) (Contineed “God is comin’ in the wor! by |
, depend to Freland_ on og |
y next Friday. He walked lightly. waving his
‘arma in time with the music.
much Itke a conductor directing

an orchestra or chorus.
majorite. He anid | After his dramatic prayer be-
CAweces i side the chair he arose unsided.
at orable| imeone told me you were seated himself ard was looking
arch, when cot-! ce inquis It is fierce. I'd pagel a Begs oe maze
i n

1,406,988 to: practice oe mask was dropped over his

1938 crop...

‘the night

0 AAA officials said they expect- ing
ed the todacco vote to be close. | the States.
z s for this year's crop “won by | Canada and in a
a vote of 212842 to 35,253. Dis- | most enjoyable hours i
_ gatistaction with tobacco qu ’ is truly my first visit to the killing
resulted in inst:tution of a cou which led to rac
guit to tet constitutionality of the: clear
_ gonrol program.

{
put | Smyrna shortly after its occur |<

Sipdigcipg on rice quotas : 1

ell the first one for that cre = n 1

) ame star in ete the referen- : < ese ; aaa eee

\ da will be conducted ve] new were ae

b Cotton—Virginia. North Caro-! oy ein om 0 satisfied.
South Carolina, Georgia,| “1 Deve many old friends here) iy io
‘Floirda. Alabama, Misgieaippi, | personal and political. 1 vet aided a one

_ Kantucky. Tennessee, Tilinota, Mie- gee them. I want to see efter age ee oe ae

a cone
last words

je) sour, Kansas, Arkansas, Louisi- | cities and the countryside. Shaken hands with guards and

ee Mex- “Tl be here in New York until
io a cat de en I will go to Wash- been stranoed In.

a
Lady Lindsay (wife of Before the mask could be put

on. he asked that 8 Bible be

Lj R orth ee ers placed on his knee and that some- ing
e

ial ope Aatara | Een rn eget a oe, He ener, A
re area Oe ee New York I am most chapter of St
es, Missouri, California and =| to gee something Matthew. Sergeant W. L. Horne.

Phe \1and—something of Anna prison-
ee nations} marketing quotes | like to see the preparations for

_ eee aM World's Fair.
om “we have to sail next friday.
though. for there is such a thing
as Christmas, you know.”
i ge record and
754,240,000 | wi, than the others.
With him ligible words
half-recited lines from two old

‘at 8 o'clock this evening: More.
an 3,000 are elig:bie to vote im! en
county and approximately

were fi

{ The
‘atately on August 5,
the state su

937.

preme
tria’

they
and
for

inksil!

oat: 1
ig

106 History of Forsyth County

from the blood on his pants, said Freeland, it looked as though he ‘“‘might have
had hold of Claiborn Vaughan or been astraddle of him” — so ran Hiram Mathis’
testimony.

Freeland left but returned again around 8:30 while Coroner Staggs and Drs.
Brown and Sutton were examining the body. By then Matthew Strickland had
been added to the number of curious onlookers; he would later recall that Free-
land had “‘a right smart quantity of blood on his pockets and thighs.”

By ten o’clock the coroner and surgeon had finished their morbid work. Staggs
carefully wrapped the cold body in a sheet, placed it on the back of a wagon,

and drove his team to Cumming. . .-

The formal inquest was held at Wildcat courthouse throughout the remaining
daylight hours of Sunday and late into Monday morning. Several witnesses to
the corpus delicti were subpoenaed to testify at the hearing. Some of the sus-
pects identified at the beginning by thejury of inquest were escorted there by
constables. Isaac Freeland, Jeremiah Freeland, William Freeland, James Mc-
Ginnis, Levi Q. C. McGinnis, and William Brannon were the first brought before
the jury. Asberry P. Bell, a member of the jury, recorded their testimony.

Mahlon H. James, a constable for the 795th District, went to Levi McGinnis’

house Sunday night for the clothes he had worn on Saturday. A young lady,
unknown to James, answered the door. The clothes he examined had only apple
stains on them. James testified that, on the morning of the murder, he was at —
McGinnis’ house when McGinnis was “beating apples” to make cider. As they
were about the leave for the courtground with John Mathis and Claiborn Vaughan,
McGinnis’ wife told him to change clothes, that he looked “too ragged” to be .
seen at a public place. But McGinnis had refused to change his shirt and pants. »
Coroner Staggs dispatched Constable James to Jim McGinnis’ house to pick
up any clothes he may have been wearing on Saturday, and told him to chec
the clothing carefully. James, accompanied by Thomas Beaver, rode to McGinnis

house; they dismounted and knocked at the door. There was no answer. They #

went inside, found the house empty, and gathered up some articles belonging to.
McGinnis. They inspected the garments by the reflections of a fireplace ligh
failing to find any traces of blood, they rode back to Wildcat courthouse t

make their report.
James R. Beaver went to the courthouse “about sundown” on Sunday,

August 8, and was appointed to guard Jim McGinnis.
On Sunday evening Constable James conducted a search for Jacob Pettyjo

in the neighborhood of his home and around Mount Zion Church, but failed t0,3
find him. John McGinnis, testifying at Pettyjohn’s trial, said he saw PettyJOMtas

Sunday morning at Mount Zion meetinghouse. It was early in the day, be
preaching time, he remembered. There was blood on the right arm of Pettyjohn
coatsleeve, above his elbow. Pettyjohn left the church and went toware ©
spring with his brother-in-law, Ransom Tedder. Tedder returned a short tim

later: he did not see Pettyjohn again until last February (1859) in court at
time of his arraignment. A week after Vaughan’s murder Mahlon James ha
warrant for Pettyjohn’s arrest. Sheriff William P. Williams recalled at the

Wildcat Murder Trials 107

trial that two men brought Pettyj i
yjohn to him about the fi
ano hit belie after the grand jury’s indictment. fe
y Monday evening, August 9, four of the suspects, including I
; , , : saac F

had been taken with warrants and lodged in the county jail. Bird viet
a dollar for standing guard duty the first night. ne

On the afternoon of that same day, in the presence of family and friends, the

last Christian rites were perf ;
eeutbtery. performed over the body of Claiborn Vaughan in Sharon

Freeland Trial

5 ee Sie oe 26, 1859 with summations of attorneys
Sei . Lawyer Bell and his associates knew by the prepond i
criminating evidence that Freeland had little, if any, ch Sia intima 1 eld
an : , ; f escaping a hang-
man’s rope. Their strategy seemed clear: let Freel “4 pa. ter kee
Mosaic sense of justice, Vaughan’ :let Freeland hang— for, in the people’s
: ghan’s tragic death could not b :
than one hanging — and through not be atoned with less
: ete the appellate process, if ne
ii off with involuntary manslaughter convictions st igecs oe
esides, public sentiment had evolved stro ‘at
- S, ngly against Freeland. Even hi
a wife, Elizabeth, felt certain he would be convicted and perhaps anaes:
Chior 29, three weeks before Freeland went on trial, she filed with the
wa na : ery ed Court a schedule of real and personal property for herself
or ice ye pee which would be “exempt from levy and sale under judgment
Ciesla y court.” She made her mark, signing as “‘the Lawful wife of Isaac
| 7 >
, oe! nights of 1859, after putting children to bed, people sat before
land Pckvoe ire whispering their opinions about the guilt or innocense of Free-
site = eae and the other prisoners. Some felt one man shared just as much
verdict : im for the senseless murder. They made predictions about the
thing for eee ae trial. Whatever the outcome, they knew one
atthe cad of: fine saac Freeland was found guilty of the charge, he would die
Wit yee
Ateahan@ite me for the state at Freeland’s trial were Wiley Vaughan
sek Dr: Mea Wr a William (Billy) Buice, Sr., Hiram Mathis, Samuel Buice
William pre alate Nine people were called to testify for the defense:
Aaton P. Brown ey (Jerry) Freeland, William Key, Samuel Smith, Dr.
brother ohatorney cB a Sion Bennett, John Mathis, and Asberry P. Bell,
‘itne eee
his age” . salsa agreed that Freeland was a “very stout man of
a : 10 ”? bd
if he fel wiorieed or ewe Ge would fight a man at the drop of a hat
‘reeland’s case went t , : . nage
Hampton E. Watson - oe pinks jurors: William H. Bacon (foreman),
liam J. Cain, John Woff, d | odfrey, William P. Martin, James E. Hughes,
ord, Benjamin Haygood, Thomas C. Williams, James

, *Record of
f Bond
S, 1848-1878, p. 157; Office of Probate Judge.

112 History of Forsyth County

The verdict of the jury, they contended, was “contrary to the law” and “strongly
and decidedly against the weight of evidence.” Furthermore, the prosecution
had not shown the prisoner “aided or abetted in the killing of Vaughan,” other
than through the impeached testimony of Jeremiah Freeland; and finally, there 4
was “no sufficient evidence of a combination or conspiracy among the party
pursuing for any purpose or design.”

Judge Rice, after hearing the attorneys’ arguments “‘at full length,” refused
the motion for a new trial. H. P. Bell filed a lengthy bill of exceptions in the
case on May 3. On May 15, after granting a temporary stay of execution, Judge
Rice ordered that a copy of the errors outlined by counsel be forwarded to the 4
3rd District Supreme Court in Atlanta for their deliberation. -

On August 31, 1860 Supreme Court Justices Joseph Henry Lumpkin and s
Richard F. Lyon, having reviewed the evidence in McGinnis’s appeal — “Levi Q. a
C. McGinnis, Plaintiff in Error, vs. The State of Georgia” — transmitted their 4s
judgment to the Solicitor and Judge Rice, reading: a

“This case came before the court upon a transcript of the record from @
the Superior Court of Forsyth County and after argument had, it iscon- 4
sidered and adjudged by the court that the judgment of the court below 4
be affirmed except as to the public execution of prisoner.” pet

The decision was recorded in the minutes of the Superior Court on February E
20, 1861. It would stand as the final decree of both courts. -

McGinnis was sentenced that day to hang between the hours of ten and four 4
on Friday, March 15, 1861 — exactly one year and eleven months from the date 4
of Freeland’s execution. The judge directed him to be “hanged by the neck upon 4
a gallows to be executed within an enclosure so constructed around said jail as to #9
effectually exclude such gallows from public view untill he. . . be dead.” Thess
officer carrying out the sentence was instructed to make certain that the publics
was not permitted to witness the hanging, with the exception of the officer in|
charge, a sufficient guard, and such clergymen as McGinnis requested to be,
present, “together with the relatives of the said criminal.” After the execution,®
sheriff James Milford would privately deliver the body for examination by twos
qualified physicians “to determine if death [had] supervened.”

At the same time Judge Rice pointed out that in the event the Inferior Co rts
Judges decided McGinnis would be hanged publicly, the ruling of the Supremes
Court notwithstanding, the sentence would be conducted at the place of publits
executions in the county. However, the justices made no decision contrary A
private execution. is

Levi McGinnis was hanged in the jail yard by sheriff James Milford.

As before, minutes of the Inferior Court provide mute testimony that the seme
tence was carried out according to instructions. Justices John T. Ezzard, Elseyy
W. Lewis (brother-in-law of Rev. F. M. Hawkins), and Dr. Aaron P. Browm
authorized the County Treasurer to “pay W. P. Williams Jailor fifteen Dollars £08
candles (and) matches furnished prisoner (McGinnis) in jail from the 14 day'#
Sept 1858 to the 8th Way of August 1859 & for guarding the jail five nights.%

Lao
ig

Wildcat Murder Trials 113

fore Freelan(d) was hung.” The court clerk entered the following record &f pay-
ments in the minutes:

To Barksdale Nalley “for one coffin for L. Q. C. McGinni

Seat iste Q. C. McGinnis $5.00 —

Paid Daniel M. Pruitt for “guarding (jail) day & night fromt

to 15 — fifteen Dollars 15.00.” be a ae ae pes

George W. Hallman, one of three hotel-keepers in Cummin i

C L, g, received $14
for Boarding Levi Q. C. McGinnis, criminal from Ist Feby 1861 to Ist

March 1861.” He was paid an additional $7.50 f : :
March 1 to March 15. 50 for boarding him from

Hallman also received payment for these services to the county:

For candles the month of Jany 1861 — .80
For wood from February | to February 15 — 1.50
For candles for the same period — .40

For guarding the jail from February 2 |
ry 22 to March 15, 1861
per night) — 11.00 ac

, Justices G. M. McGuire, Elsey W. Lewis, and Thomas Willingham instructed
le treasurer to pay the account on March 22, 1861. On that day the treasurer
was also ordered to satisfy Sheriff Milford’s claim for his services:

To James Milford for 1 winding sheet for L. Q. C. McGinnis — .75
For putting up the gallows — $8.00
For the rope — .40

For executing L. Q. C. McGinnis — $10.00

wet after Pettyjohn’s escape, while the prisoners lingered in jail
safek aid cee ea security about the jail had been strengthened to insure their
i aerci ping. On February 26, 1859 the Justices of the Inferior Court authorized
Beets ae by the treasurer to individuals hired for guard duty. Uriah
the jai rs epi M. Pruitt, and JohnN. Tribble were paid $47 each “for guarding
Heseineht y Seven nights from the 10th Jany to 26 February 1859.” Several dis-
telisicns dei ebieog authorized May 3 of that year for a variety of expenses in
Willis St oarding, guarding, and otherwise maintaining the prisoners.

boa « gare blacksmith, was paid $10 “For work Done on Jail & Jail
Said count es riah Hawkins received $50 “for Guarding the common Jail of
received a . ixty Six nights at 75 cts per night”; and D. M. Prewitt (or Pruitt)
Six nights P ‘iaitin of $66 “for Guarding the common Jail of Said county Sixty
cPherson Sevent ordered by the court “that J. R. Thompson C. T. pay A. P.
county twe enteen Dollars & 25 cents for guarding the common Jail of Said
nty three nights at 75 cts per night.” The treasurer paid John N.

Tribble $5 ““ r
night.” 0 “for Guarding the common Jail. . . Sixty Six nights at 75 cts per

; And
wiardis for the same hourly wage, George W. Hawkins received $3.75 for

the jai '
8 the jail five nights. On June 8 the justices requisitioned payments of

108 History of Forsyth County

Redd, John Edmondson, and Zachariah D. Haygood. They retired, took a quick
vote, and returned within the hour to announce their verdict: “We the jury find |
the prisoner Isaac Freeland guilty of murder.” George D. Rice, Judge of the Blue ”
Ridge Judicial Circuit, handed down the doomsday sentence against Freeland

that same afternoon:

onsidered, adjudged and sentenced by the Court, that Isaac Free-
be taken back to the common Jail of this county,
whence he came, and that he there be kept and confined in Safe and close custody
until Friday the fifteenth day of April next — and [on that day] the said Isaac
Freeland be taken from said Jail by the Sheriff of this county or his lawful deputy
and carried to the place of public execution, and that the said Isaac Freeland...
between the hours of ten o’clock in the forenoon and four o’clock in the after-
noon. .. publicly [be] hanged by the neck on a gallows until he be dead.

Whereupon it is c
land, the prisoner at the Bar,

The minutes of the Inferior Court attest to the fact that Freeland, the first
person hanged in the county’s history, was executed on the day specified. On
April 15 justices John G. Lott, Thomas Willingham, and George W. Hallman,
presiding, ordered “that J. R. Thompson C. T. pay W. P. Williams Sheriff & Jailor
Fourteen dollars for Executing Isaac Freeland & Expenses of Guard arms.” On
May 3 the court requested the County Treasurer “‘to pay Uriah Hawkins Three
Dollars & 55 cents for furnishing plank & making the coffin for Isaac Freeland
hanged on the 15th day of April last.” Furthermore, on November 21,1859, the <2
Inferior Court requisitioned J. R. Thompson to pay ‘Kenedy Gramling Six
Dollars for making the gallo(w)s to Execute Isaac Freeland on,” and to reim- .
burse Dr. Brown four dollars “for medeson & servuses rendered on Freeland and :

McGinnis in Jail.”

Pettyjohn Trial

Jacob Pettyjohn went on trial at an adjourned term of court beginning April
16, 1859. Jurors sitting on the case were Zachariah Wingo (foreman), Thomas 3
Garrett, Phillip Cox, John Lummus, Edward W. Phillips, Daniel Henderson, -
Ephraim Stephens, James Petty, Basil M. Armstrong, Pendleton J. Hutchins,
John W. Merritt, and James Merritt. Witnesses testifying for the state were Wiley
Vaughan, William Buice, Sr., Abraham Buice, William P. Williams, Dr. Aaro
Brown, Dr. Miles Sutton, Jeremiah Freeland, John McGinnis, and Mahlon H
James. Only three witnesses were called for the defense: Bluford Gant, Jo
Terry, and Asberry P. Bell. =

Sheriff Williams testified that Freeland, Brannon, and the McGinnises had @
been in confinement since August 9, now excepting Freeland, who was hanged
on the 15th day.

To demonstrate the friendship that existed between Pettyjohn and Vaughanls
Bluford Gant, Levi McGinnis’s son-in-law, told the court that he went “seiningy
for fish” on Friday, August 6, with Pettyjohn, Claiborn Vaughan, John Terry
Stephen McGinnis (Levi's son), John Mathis and Ansel Segar. The men met tw

hours after sunrise at Mathis’ house, and went from there to Pettyjohn’s ho

Wildcat Murder Trials 109

to get his w i -
pee agon. He estimated they parted company “between sundown and
. “ i twenty-third day of April the jury brought in their verdict: “We the
ine acob Pettyjohn. .. guilty of murder as principal in the Second degree.”
On pril 30 Judge Rice pronounced sentence, condemning Pettyjohn to han
¥ the place of public execution” on Friday, June 24, between the hours of ten
and two. In Judge Rice’s words, he would be “publicly hanged by the neck
gallows until he is dead.” yas
Through the persistent efforts of his attorneys, however, Pettyjohn won a
stay of execution written by Judge Rice on May 21, 1859. The case was appealed
3 the eee Court of Georgia; and Justices Joseph H. Lumpkin, Henry L
enning, and Linton Stephens handed down a decisi
oon de ecision on August 18, 1859.

“This case came before the court upon a transcri

ipt of the record from the Superior
— of Forsyth County and after argument had, it is considered and adjudged by
notary that the judgment of the court below be reversed and a new trial [gran-

Meanwhile, Pettyjohn, who was free on bond, had left i
to appear in court in August, 1859 or February, 1860; aise ea. oa
Judge Rice dismissed all witnesses in the case.
es Mire rane that Pettyjohn had escaped to Texas. When Civil War came,
mee See ion : the state and Confederacy were concentrated on the war effort,
mae aie people thought any more or cared about the fact he was still sought for
the: i oomtibes & than a decade had passed when action was initiated on the
Tea “ee ee back to Georgia for another trial. But through the inter-
behest ao liram P. Bell, who appealed to Governor Colquitt, the legal
phase lay ps Petar were brought to a standstill. Pettyjohn, it
parking Ceti ails a country heroically during the ‘‘war years” as a high-

Brannon-McGinnis Trial

- ita ce for Bill Brannon and Jim McGinnis, Judge Rice issued
ieinacts: os 25, 1859 allowing them to be tried jointly. On April 30, final
Wofford (fore e state and the defense were made before these jurors: John F.
R. Hendrix ia As soe Lamb, Alexander Redmon, Milton Compton, Lee
Andee | Coen . Redmon, John Proctor, John Southard, John M. Clayton,
The sate’: ie ansom Foster, and Warner G. Henderson.
Jeremiah Freely een against Brannon and McGinnis were Wiley Vaughan,
eaver. and Dr " ; sf a Buice, Dr. Miles Sutton, Willis Staggs, Thomas E.
jot.a. Hatled.. cm . Brown. Witnesses for the defendants were Jacob Petty-
Bell, William M B one, F. M. Hawkins, John Brannon, Thomas Stone, Asberry P.
Res Ficdsc ennett, and Archibald S. Martin.
told the ju heh M. Hawkins, a distant connection to Brannon by marriage
ry that he had seen Brannon “in a state of drunkenness” on occasions.

rea are ce ae ee
i. eenlaidlll

110 History of Forsyth County

He was “always inclined to go to sleep” after drinking excessively. John Brannon
explained his son had been subject to “fits” for nine or ten years. .

Willis Staggs stated in court that Brannon had blood on the left sleeve, arm, /@aue &
and left breast of his shirt when he came before the coroner’s jury. Jim Mc- ge
Ginnis, however, wore a clean shirt and “‘copperas colored pants” that looked ‘
“pretty nearly new,” said Staggs. In reply to a leading question, Staggs answered:
“It is the custom of this country to change clothes on Sunday mornings.” (4

The jury found the defendants “guilty of involuntary manslaughter in the 7gage
commission of an unlawful act.”’ Judge Rice sentenced them to remain in the
county jail “until they shall be demanded by a guard to be sent by the Principal a
Keeper of the Penitentiary of Georgia.” The prisoners would be delivered to the a
penitentiary at Milledgeville and incarcerated at hard labor for three years. ie

On May 10, 1859, Brannon and McGinnis were released to the custody ofa. pag NN AN 2

penitentiary guard. cota daa AY NS FF ae Ses, Ze Me Me : |

The burden of the Vaughan murder trials had inevitably created a backlog of
civil and criminal cases waiting to be heard or tried. To expedite the disposition a
of these cases, thus clearing them from the trial docket, it was necessary for the &
circuit judge to hold special adjourned sessions of the Superior Court in 1859- ag
61. Often as the trials progressed, rather than interrupt vital testimony, it was
customary to have a continuance into the early or late night hours. On March |, (fie (Wewcnsaesos:
1859 the Inferior Court of Forsyth County instructed the County Treasurer tog NSDL il}

NALA Seat |
J NUNNTATNN aN adh
AAVAWNOENRENERRUIN, |

pay James Milford 70 cents “for furnishing candles for the Superior Court.” The 3%

hh edee teelie |

court authorized him on the same date to pay $6.75 to W. P. Williams, sheriff | r Micah yg ne ved (i ' 1) ATM Frm IK
and jailor, “for furnishing Blankets for Jail & candles for court.” On May 3 they, i nT Muth VAN 3 \ att ih 1} ! j es
He LY, MTOM if Ne if ria y | f |

ROUT Ty Va Se nTnttcY:

directed the treasurer to pay James Milford, deputy sheriff, $1.70 “for candles.s
McGinnis Trial val eS ap ub WoL |

& paper furnish [ed] the Superior Court.”
een
A ad eS cn tt

1 isd ante :

3 : IATL Lae

Levi Q. C. McGinnis’ case was scheduled for trial at adjourned court starting | . ,
the third Monday in April, 1860. The trial began at ten o’clock on the mormnmg}
of April 17; the following jurors had been empanelled to hear his case: Isaaeg
L. Hughes (foreman), Moses Tatum, Alvin T. Lesley, Nathaniel P. McCl
Francis A. James, John L. Cruse, Elijah Scruggs, William B. Hay, Ezekiel Mag
Roberts, Eli E. Waldrop, Isaac J. Crow, and John M. Light. Three days later the é
found McGinnis “guilty of murder as principal in the second degree,” and 08
April 21 Judge Rice ordered his public execution by hanging to take pl Ch
Friday, June 15, 1860, between the hours of ten and two. B

Witnesses testifying for the state were Wiley Vaughan, Jeremiah Free ne

Abraham Buice, and Dr. Aaron P. Brown. Only four men were called to
stand to testify for the prisoner: Mahlon H. James, Matthew Strickland, Hare ; =a a
man Bone, and James R. Beaver. a _\ee se See

| Counsel for the defendant drafted eleven objections to the court’s decisiom on ——" ee

| which were filed with the Solicitor on April 21, 1860. They demanded to ki

why the verdict should not be set aside and a new trial granted for the prisom

Execution

$
ae")

saci a a

sank = Se ema BB tk

<a il

Vy ia ae

4
4
3
?
i

294 Ga, 52 SOUTH EASTERN

McLENDON v. STATE.
No. 16497.

Supreme Court of Georgia,
Feb. 16, 1949.

Rehearing Denied March 16, 1949.

1. Homicide €=250
Evidence sustained conviction of mur-
der of defendant’s estranged wife.

2. Criminal law C1151

Refusal to continue trial of a criminal
case will not be reversed unless abuse of
discretion by trial judge is manifest. Code,
§ 81-1419.

3. Criminal law €=590(2)

Refusal to grant a continuance of
criminal case to allow counsel to prepare
for trial is not abuse of discretion unless
it is made to appear that a gross mistake
has been made by trial judge or that he
has displayed a want of consideration for
rights of accused. Code, § 81-1419.

4. Criminal law €=590(2)

Refusal to grant a continuance to al-
low counsel more time to prepare for trial
of murder case was not abuse of discretion,
where case was not called for trial until
almost one month after indictment was re-
turned, counsel employed by accused had
spent his entire time for two and one-half
weeks in preparation of case and the only
intricate question of law or fact involved
was the possible defense of insanity and
defense counsel had had accused examined
by psychiatrists and did not indicate to
trial court until case was called that a
more extensive examination than could be
made in jail was desired. Code, § 81-1419.

5. Criminal law €=570(2)

Accused had the burden of showing to
the reasonable satisfaction of jury that at
time of alleged commission of act charged
against him he was insane.

6. Criminal law €=1059(2)

An exception to failure to charge on
manslaughter, without pointing out wheth-
er court should have charged on subject of
voluntary or involuntary manslaughter,
was too indefinite to raise any question for

reviewing court,

REPORTER, 2d SERIES

7. Criminal law €=730(14)

Refusal to declare a mistrial because
of repeated statement by solicitor-general
in argument to jury in murder case that if
defendant was given a life sentence he
would be released in a few years was not
reversible error, though trial judge merely
cautioned solicitor-general to confine his
argument to the evidence without requiring
him to desist from such argument or in-
structing jury to disregard it.

8. Criminal law C868

Giving jury, in response to questions
of foreman further instructions urging
them to resume deliberations and pointing
out the expense involved in trial was not
error in absence of prompt objection or
request by defense counsel for further in-
structions, though foreman’s questions in-
dicated that entire jury favored a verdict
of guilty and that the only question was
whether it should be accompanied by a
recommendation of mercy.

9. Criminal law €=865(!)

Trial judge may properly admonish jury
as to propriety and importance of agreeing
on a verdict and may urge them to make ev-
ery effort to harmonize their views, pointing
out the time and expense involved in trial,
provided care is taken not to suggest what
verdict is proper or give instructions co-
ercing jury into agrecing on a verdict or
inviting them to disagree.

10. Criminal law €=797, 885

Whether to return a verdict of guilty
in murder case or a verdict of guilty with
recommendation of mercy was_ entirely
within the discretion of jury and it was
proper to so instruct in response to fore-
man’s question as to what should influence
jury in determining which verdict to re-
turn.

Syllabus by the Court.

1. The verdict was authorized by the
evidence.

2. Under the circumstances disclosed
by the record, the trial judge did not abuse
his discretion in overruling a motion for
continuance.

3. It was not error to charge the
jury on the issue of insanity that, “the

RES G ew

McLENDON y. STATE Ga. 295
Cite as 52 S.1.2d 294

burden is on the defendant to show to the
reasonable satisfaction of the jury that
at the time of the alleged commission of
the act charged against him he was insane.”

4. An exception to the omission to
charge the jury “on manslaughter,” is too
vague and indefinite to raise any question
for determination.

5. The refusal to declare a mistrial
on motion of counsel for the accused, be-
cause of argument by the solicitor-general,
was not cause for a reversal.

6. Exceptions to instructions by the
trial judge, in answer to questions by the
foreman of the jury, are without merit.

——_—_>——_

Errcr from Superior Ccurt, Richmond
County; G. C. Anderson, Judge.

E. B. McLendon, Jr., was convicted of
murder, his motion for new trial was over-
ruled and he brings error.

Judgment affirmed.

Upon an indictment charging him with
the murder of his wife, E. B. McLendon
Ir. was tried and found guilty without a
recommendation of mercy. His motion for
new trial, as amended, was overruled;
and to this judgment he excepted.

On the trial of the case, evidence pro-
luced by the State tended to establish the
following facts: The accused and his wife
had been separated several times, the final
separation occurring some time previous to
the homicide. They had been having con-
siderable marital difficulties, and on four
occasions the wife had caused peace war-
rants to issue against the accused, three
of which she had later dismissed. At the
time of the homicide, the last peace war-
rant, which had been issued some three
weeks previously, was still in force, Dur-
ing the last separation, the accused had
made repeated efforts to get his wife to
return to him, but she had refused. The
accused had molested his wife at various
places. He had gone to the store where
she worked and caused disturbances, and
on one occasion policemen were summoned
to the store. He stated to one of the police
officers that he was going to kill his wife,

and on other occasions threatened to kill
her,

Following the last separation, the de-
ceased moved into a house occupicd by J.
C. Dinkins and his wife. J. C. Dinkins
was a first cousin of the accused. The
deceased lived with the Dinkenses for
several weeks, but at the time of the homi-
cide she had moved back into her own
apartment. On the day of the homicide,
the deceased’s mother was visiting her, and
while in the apartment her mother fell and
hurt herself. The deceased called the
Dinkinses to help her carry her mother to
a doctor’s office. After the Dinkinses had
gone to the apartment, Mrs. Dinkins and
the deceased left the apartment to go to
the doctor’s office with the mother of the
deceased. Shortly thereafter the accused
arrived at the apartment. Dinkins and a
brother and step-sister of the deceased
were still in the apartment. The accused
asked the whereabouts of his wife, and
was informed that she had carried her
mother to the doctor’s office. The accused
left the apartment, apparently in a good
humor, and shortly thereafter Dinkins and
the brother and step-sister of the deceased
left the apartment to carry the brother to a
hospital. When he had been left at the
hospital, Dinkins and the step-sister pro-
ceeded to the doctor’s office. After they
had arrived there, the accused arrived
just before the deceased, her mother, and
Mrs. Dinkins were stepping from the doc-
tor’s office into a reception room. They
had proceeded to a point near the front
entrance when the accused grabbed his
wife and began dragging her out the front
door. She began screaming, and the ac-
cused shot her four times with a pistol.
One bullet struck her just below the right
shoulder, another in the right breast, and
another in the back. She died from these
wounds.

J. C. Dinkins, a witness for the State,
gave the following account of the homi-
cide: “He [the accused] came in [the
reception room of the doctor’s office] and
stood there a second or two and he said,
‘Jim, come out here. I want to talk to
you a minute.’ So I got up and went out
on the porch, a little porch stoop about
this wide (indicating about four feet) and
about twice as long, with steps at each
end. So he asked me, ‘Will you ask Dor-

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of assaulting a young white woman near the Cotimnis golf

COULSC s McLemore was tried ania condemned twice : the

Abaus an Boag Gs his ST inion on April 10, 1936,

to which he went quietly and ealmly, he confessed his

THE COLUMBUS ENQUIRER, April 11, 1936.

See appeal? 182 SE(2) 618 - GA. - BK. & MAG. EX.

620: Ga. 182 SOUTH EASTERN REPORTER

the house and went over on the hill, that As to the circumstances under which the
is a hill in the northern part of the golf statement of the defendant was made,
course, to cut some grass around the tee Spence testified: “I remember August 11,
box; that he seen that lady and little girl 1934, when it is said Hamp McLemore
going in the dircetion of the waterworks made a criminal attack on Mrs. Melton.
in the path; that he went down and crossed In company with other officers of Columbus
the branchout from the golf course over and Muscogee County I investigated this
to this thicket, pasture, and caught up case, and first saw the defendant * * *
with them, Ile said when he walked up to” at the office of Rexview golf course in the
where she was he walked up behind her, northern part of the city; later I saw him
he caught hold of her with his arm around in Muscogee County jail, and he made a
her neck and had his knife open in his statement to me. At the time he made
hand, and she went to turn and fell, and the statement Mr. Adair, city detective,
that was where he accomplished his deed; Sheriff C. C. Layfield, of Muscogee Coun-
that he was there five or ten minutes, and ty, Mr Reese,. and Mr. Cummings, the
when he got up he ran off. And we ex- assistant jailor, were all present. He made
hibited to him the knife—the same knife a statement to me freely and voluntarily,
you have here, and that knife is the Mc- and there was no offer of reward or the re-
Lemore knife. Ile said that this was his motest fear of punishment to induce him
knife, and it is the knife we [he] had and to make it.’ On cross-examination this
had open around the lady’s neck. He said witness testified: “Well, I don’t know that
that when he threw his arm around Mrs. we used the words ‘it would be better for
Melton’s neck with this knife she scream- him to go on and tell the truth.’ I don't
ed, and her little girl screamed.” recall whether we did or not. I don't

No evidence was introduced on behalf of S#Y we did not, but he wasn’t afraid. J
the defendant, but he made the following might have said it would be better for him
statement: “Well, I was working that to make a confession. IT wouldn't say I
morning over there on the Rexview, and ‘id or did not. I might have told him it
that lady was gwine on across the hill over Would be better to tell the whole story, to
there, gwine across the branch from the Come clean.
golf course, and I walked on over there up
that way, and when I saw her I put my hand

around her—around her shoulder, and I A 3, Petty, Sok. Ged. of Colsaees
had the knife in my hand, but—and she ¢ : it

,, and M, J. Yeomans, Atty. Gen., and B. D.
halloaed onee, and I told -her I wasn’t Murphy and Jno. T. Goree, Asst. Attys.
gwine to hurt her; and I told her IT wanted Con.” faethe State °
some of it, and she says give her the " ;
knife then, and she give it to me, and she
laid down—laid down there; and there the foregoing facts).
was some rocks there, and she moved. She é j :
says, ‘Wait till IT move down further to on alt a the Colles pe Georgia (1863, §
a lewal clans hc . on 3716; 1868, § 3740; 1873 and 1882, § 3793;
a level place,’ and she moved down further %

: ie ~ . i Penal Code of 1910, § 1032; Code of 1933,
to where it was smooth at, and gave it tome § 38-411). the rule ex : ; “ry
and laid there and give it to me. After 3. ), the ee
I finished I went back over there back bility of confessions is embodied in the
across to the golf course to work and cut following pease. language: To make a
around the tee box, and twelve o’clock I confession admissible, <u have oies
went on home to dinner, and Mr. Hubbard made voluntarily, without being induced by
came over there and got me.” another, by the slightest hope of benefit or
remotest fear of injury.” Our reports are
full of adjudicated cases upon the subject
of the admissibility of evidence of confes-
red in allowing the witness Spence to give sions, and of rulings in particular cases
to the jury the statement set out above, upon the point as to whether the alleged
over objection that this testimony showed confession under review was or was not
that the purported confession was not made voluntary, in the ample sense which the
by the defendant voluntarily without be- language of our Code implies. To quote
ing induced by another by the slightest the language of Mr. Justice Lumpkin upon
hope of benefit or remotest fear of injury, this point in Green v. State, ‘88 Ga. 516.
and was not made freely and voluntarily. 518, 15 S.E. 10, 30 Am.St.Rep. 167: “A

Geo. P. Munro, of Columbus, for plain-
tiff in error.

RUSSELL, Chief Justice (after stating

The only special ground of the motion
for new trial complains that the court er-

McLEMORE v. STATE Ga. 621
182 S.E,

i <aminati a ble, does the burden of proof rest upon

Hots Ee ere a ces the state, or upon the defendant ——
pe the admissibility of confessions of crime? The solicitor Se
in evidence in criminal cases shows that that the burden is upon “oid ee
she authorities are in considerable con- = ae eos chiens
i it is difficult to draw a pre- voluntary. : wa on atty
viaag seiguest ny nem which should we have had ge sag nate oe
sayin RRC fr gt rag eatin nk tenc is was not raised in
Ae Leek ae sag, aeprarag PER ee that case. In the opinion, it was said: “Tt
penal er reasonable ground to believe appears from the ries ee Pgrdigns se =
that they were induced by hope or fear. fessions — sruchee gear aoh bj —
Precisely what words or conduct will con- made by t : pee ee ae
stitute such inducement is not easily de- going wn ere iy Oe ea fe
erica i Lage ens fe remade ofthe court in finding no error
<=, a earn ages 2 elgg in the admission of the confessions of the
a im Lek import, have given defendant; for the court stated: As his
was tothe nf t mentioned We do not counsel permitted the evidence to go in
thin ae sald D rofitable now to re- without objection, we must take it for
os sya deo authorities, either granted that they preferred not to insist.
with ye oe of attempting to harmonize * * * We incline to think that, if ob-
ws Of d ducting from them a rule jected to, it would have been the duty
rer pi id be tied to all cases. We of the State to show the circumstances un-
et ee . A in this case, with der which they were made, that the Court
en o> eat closely might see if they were voluntary.” In
» Adams v. State, 129 Ga. 248, oa ae
i 17 L.R.A. (N.S.) 468, 12 Ann.Cas.

Eh beigat pg igh aes oe Tacs of ek murder was re-
yaar? bea sas See Te yon Perse being versed upon ne ground that sworn sont
Per ia i before the coroner’s jury impanele
inctuced by enather, wy ne ee eee the cause of the death of
= ~~ s re rel Ge 907, 8 SE 368: the deceased were admitted as confessions

King v. State, F ; os

ial under an indict-
‘E. upon a subsequent tria
= tigate? = = po ape ment charging them with murder, In that
. e ple

: : ieee
objected to the evidence of the al- C45& Mr. Justice Lumpkin said: “Before
case

fessi nd moved to exclude it 2 confession is admissible in evidence, it
Pise* vee ley Acai the evidence of must appear prima facie that it was free-
rom the jury,

d voluntarily made. If the contrary
A that YF One roe nag hie
Pk tae sR ae Pa made @Ppears, it is pene aga If cig a
ee ‘ : makes out a prima facie Cé
by the defendant voluntarily without being for the State P

: for the admission of such a confession,
ae eer io pense Pics Py eel —— the court is not bound, before admitting it,
of benefit or re or xe

by ¢ 7 |

: : -, to hear evidence on behalf of the accused,

ig ae, Sots — * a wed pi tending to show coercion or improper in-

¥ oe A . oes caiting ad- ducement in its procurement. If the ect

eh aes re re a pee ten awke the dence for the state shows the confession
mitting the pury

: +s £ counsel for de- © be admissible, it will be admitted. If
pee eos ria saree raises the ques the defendant desires to introduce evidence
endant. as ex F ~

— e to show that there was improper induce-
— reg nape! ee ~ aieges ment which caused the confession to be
confession under the strict provisions of

: : made, he can do so, and it will then be
— 1933, § Senet for the jury to determine, under all the
a decision upon ; .

- F evidence, whether or not the , confession
abiutely nocepehry, Ip.ercits 8 form vale ‘was free and voluntary. Irby v. State, 95
which the counsel in this case are widely

7 2 8; Daws State
: Ga. 467, 20 S.E. 218; Dawson v. State,
at. variance, and as to which both have <9‘. 333; smith v. State, 88 Ga. 627, 15

ee et SE 675” Mr. Justice Lumpkin said

“berhe supra, one
[1-3] In establishing whether or not an further: “In the pions gealigueie ae
alleged confession is prima facie admissi- ground of the motion fo

announcing our purpose to adhere c
to the plain mandates of our own statute.

622 Ga.

because the court erred in allowing the
confessions of the .defendant and one
Spann to go to the jury without a pre-
liminary examination, and without proof
that they were freely and voluntarily made.
In a note to this ground, the curt stated
that during the examination of the same
witness on the trial of Spann, on the pre-
ceding day, in regard to the same con-
fessions, he had thoroughly examined the
witnesses as to the character of such con-
fessions, and had fully satisfied himself
that they were freely and voluntarily
made, without the slightest hope of benefit
or the remotest fear of injury; that during
the trial of the prisoner no objection was
made by counsel on this ground, and the
attention of the court was not called to the
fact. In the opinion the failure to object
was emphasized. It was said that: ‘We
incline to think that, if objected to, it
would have been the duty of the state to
show the circumstances under which they
were made, that the court might sce if
they were voluntary, * * * If they
are given in and not objected to, it is too
late after verdict to say that there was
not a sufficient inquiry into the circum-
stances.’ The language of the seventh
headnote is too broad, standing alone. It
must be construed in the light of the ques-
tion before the court.”

The section of the Code of Georgia upon
the subject requires that a confession must
be absolutely voluntary. Upon this sub-
ject, Prof. Wigmore, in his work on Evi-
dence, vol. 2, p. 173, § 843, says: “Principle
of Voluntariness: (1) Common Form. The
common form, in the present application,
consists in taking the phrase ‘voluntary,’
considering it without any reference to
promises or threats, and effecting it into
an absolute and final test—in short, in
translating it as ‘spontaneous.’ The mo-
tion is a broad one, and is in effect: Was
the situation such that the person had to
speak, felt obliged to speak, or was it a
matter of pure choice with him to speak,
or not? The radical difference here, it
will be observed, is that we no longer
care whether his speaking involves a false
avowal of guilt; the thing is that a speak-
ing not voluntary cannot be received, and
hence the speaking is excluded irrespec-
tive of the danger of falsity. If, then, we
take the phrase ‘voluntary’ and treat it as
the final and self-sufficient test, and if
thas we discard the fundamental theory
of confessions (ante, § 822)—that our ob-
ject is to exclude those which may be

182 SOUTH EASTERN REPORTER

false—and conceive our Purpose as that
of excluding confessions as such (even
though true) unless they are ‘voluntary,’
we thus have good reason to consider how
far under such a canon the fact of arrest
or of presence before a magistrate or of
examination on oath may prevent the con-
fession from being in the above sense
‘voluntary ;’ for it may at least be argued
that either of these circumstances may in
a given case make the confession practical-
ly compulsory.” According to Wigmore,
there is a second principle of voluntariness
denominated as the modern English form,
which need not be discussed, since the
principle is controlled. in this state by ex-
press statute. Wigmore says, however,
that “The notion is fundamentally the
same, i. e., was the situation such that the
person had to speak? But it proceeds by
a different test, namely, Was the speaking
obtained by asking questions of a person
while in custody? In other words, state-
ments are deemed not voluntary and there-
fore inadmissible when they have been
made in answer to questions put while in
custody. Moreover, it thus becomes im-
material whether the answers amount to a.
confession or not.” Since the burden ests
upon the state in every criminal case to
prove every material allegation in the in-
dictment, if the state in a particular case
relies upon a confession to establish the
allegations of the indictment in toto, it
must logically and legally follow that the
alleged confession should be affirmatively
shown to have been made without the
slightest hope of benefit or remotest fear
of injury before the state has succeeded
in making such “a prima facie case” as
will establish that the confession was free
from extraneous inducement. As said by
Chief Justice Bleckley in Irby v. State,
95 Ga. 467 (2), 20 S.E. 218: “Before ad-
mitting a confession in evidence, the pre-
siding judge should see to it that the con-
fession was made freely and voluntarily ;
but where it affirmatively appears by the
witness who heard the confession that he
held out no inducement, and did nothing
to excite either hope or fear, and knew
of nothing done by others to induce the
confession, it is prima facie admissible.”

In other words, the court may submit
to the jury a confession affirmatively
shown to be prima facie admissible; but
where the evidence on behalf of the state
fails to show that there was no induce-
ment offered the prisoner, or leaves that
question in doubt, the state has failed to

GEORGIA POWER CO. y. PUCKETT Ga. 623
182 q,

make a prima facie case, by that witness
at least, and his testimony should be with-
drawn from the jury. Even where the
state establishes a prima facie case of ad-
missibility, as well as in a case where
there is conflict of evidence as to whether
the confession was freely and voluntarily
made, the judge, in submitting the case,
is required to charge the jury the substance
of section 38-411, as well as of section 38-
420, as follows: “All admissions shall be
scanned with care, and confession of guilt
shall be received with great caution. A
confession alone, uncorroborated by any
other evidence, shall not justify a convic-
tion.” The state’s witness in this case tes-
tified, as to the circumstances attending
the making of the purported confession:
“Well, I don’t know that we used the
words, ‘it would be better for him to go
on and te the truth” I don’t recall
whether wevdid or not. I don’t say we did
not, but he wasn’t afraid. I might have
said it would be better for him to make
a confession. I wouldn’t say I did or did
not. I might have told him it would be
better to tell the whole story, to come

cumstances, and official surroundings of the
defendant at the time the alleged state-
ments were made. For the latter would
seem at least to leave a reasonable mind
in doubt as to whether the statement was
not more or less induced by these influ-
ences. The present case is distinguished
from Hicks v. State, 178 Ga. 561, 173
S.E. 395, where it was held that the con-
fession was not inadmissible because it
appeared to have been made in response to a
statement to the prisoner that it would be
better for him to tell the truth. The deci-
sion in that case may or may not be in
accord with the ruling made in Green v.
State, supra. It is unnecessary at the
present time to determine any question of
conflict between these two decisions. For
the present purpose, it is sufficient to say
that in the case at bar the witness to whom
the alleged confession was made testified
that he “might have said it would be bet-
ter for him to make a confession.” There
is a material difference between a state-
ment to a prisoner that it would be better
for him to tell the truth, and one wherein
he is told that it would be better for him

lean. * * * I told him it would be to make a confession. The court erred

Mi for him just to make a full dis- in overruling the motion for a new trial.
closure.” The statement of the accused © Judgment reversed.
contained in the testimony of the witness _ AJ] the justices concur, ;
to whose evidence objection was offered ~.— —

* was made in the jail of Muscogee coun-
ty, and, as testified by this witness, “at the,
time he made the statement Mr. H. M.;
Adair, city detective, Sheriff C. C. Lay-
field, of Muscogee County, Mr. Reese, and |
Mr. Cummings, the assistant jailor, were |
all present.” The accused was not ac-.
companied by counsel or a single friend;
or relative. The statement of the ac-:
cused under these circumstances, 8 =.
ideri which °. * ;
aged penny sy cE mastic Court of Appeals of oa Division No, 2.
white woman, the mother of three children, Noy. 16, 1935.

‘raises the question whether the accused ,
must have been influenced by fear of in- :

seinen dite iar Mae spigot SE of affirmance by Court
[4] So we are of the opinion that the of Appeals was reversed by Supreme Court

court erred in refusing to withdraw the on certiorari, Court of Appeals vacated .

testimony of the alleged confession from judgment of affirmance and entered judgmen

the jury, because the evidence did not es- ot reversal,
tablish a prima facie case of its admissi-: ~

bility as a voluntary confession obtained” Error from Superior Court, Harris
without the “slightest hope of benefit or re-- ‘County C. F. McLaughlin, Judge.

motest fear of injury,” and we the more: : : :
readily concur in this view when we con-7% Suit by J. R. Puckett against the Geor

sider the record as to the time, place, cir’ Igia Power Company. Judgment for plain-

GEORGIA POWER CO. v. PUCKETT.
No. 24044.

Syllabus by Editorial Staff,

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Metadata

Containers:: Box 12 (2-Documentation of Executions), Folder 10
Resource Type:: Document
Description:: Jesse Mckethan executed on 1946-08-02 in Georgia (GA)
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: June 29, 2019

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