Par as the United States’ Supreme Court. “The most interesting and un-
lusual centered around a suit that he filed aainst the Commonwealth
land various state officials for $10,000 on the grounds that he was
injured when guards at Eddyville been tear gas in his cell, He pe=
titioned the courts to stay his execution until the civil suit had been
decided and then submitted a writ to the effect that the gassing had
constituted an attempt to execute him by asphyxiation and that any
further attempt to carry out the sentence of the courts would be
placing him in double jeopardy, The courts disallowed this contention —
and Moss, calmly protesting his innocence and maintaining that he was
being framed, was electrocuted on March 2, 1962,
‘BE HENDERSON GLEANER AND JOURNAL, Henderson, Kye, 3-2-1962 and 3-3-'62
332 SOUTHWESTERN (2nd) 650
362 U. S, 966
far as the United States Supreme Court. The most interesting and un-
usual centered around a suit that he filed against the Commonwealth
land various state officials for $10,000 on the grounds that he was
injured when guards at Eddyville ren tear gas in his cell, He pe-
titioned the courts to stay his execution until the civil suit had been
decided and then submitted a writ to the effect that the gassing had
constituted an attempt to execute him by asphyxiation and that any
further attempt to carry out the sentence of the courts would be
placing him in double jeopardy, The courts disallowed this contention
and Moss, calmly protesting his innocence and maintaining that he was
being framed, was electrocuted on March 2, 1962.
THE HENDERSON GLEANER AND JOURNAL, Henderson, Ky., 3-2-1962 and 3-3-'62
332 SOUTHWESTERN (2nd) 650
BOeTU, So. yoo
ftar as the United States Supreme Court, The most interesting and un-
usual centered around a suit that he filed against the Commonwealth
and various state officials for $10,000 on the grounds that he was
injured when guards at Eddyville threw tear gas in his cell,
titioned the courts to stay his execution until the civil suit had been
decided and then submitted a writ to the effect that the gassing had
constituted an attempt to execute him by asphyxiation and that any
further attempt to carry out the sentence of the courts would be
placing him in double jeopardy, The courts disallowed this contention
and Moss, calmly protesting his innocence and maintaining that he was
being framed, was electrocuted on March 2, 1962.
THE HENDERSON GLEANER AND JOURNAL, Henderson, Ky., 3-2-1962 and 3-3-'62
332 SOUTHWESTERN (2nd) 650
362 U. S, 966
Re wo on 5p oly Here Hy 3
ie ty 6, 8
MOSS, Kelly
Moss, a l7-year-old white resident of Henderson, Ky,, had been in
trouble almost constantly since 1950 and was released on parole
from the State Prison on Sept, 22, 1957, after having served a sen-
tence for a Fobbery conviction in Webster County, his fourth felony
conviction, While he was in prison, his mother had married 7l-year-
old Charles Abbitt, a frail man in declining health, Moss disappro-
ved of the marriage and tried in every manner to get his mother to
divorce Abbitt, On the evening of Nov. 6, 1957, Mr. Abbitt took his
wife to church and returned home alone, Shortly afterwards, Moss
arrived at the house in a taxicab and drunk, He forced his way in-
side and beat and bludgeoned Abbitt to death, Moss was captured the
next day hiding in a privy behind a rural church at Robards and taken
to Eddyville for safe-«keeping until his trial at which he was con-
victed and sentenced to die, His defense was based on the idea that
the old man had attacked him first and that he had fought back in
self-defense, A poorly educated man who was possessed of a good
mind, Moss, during his earlier penitentiary service, had become a
good jail-Rouse lawyer, filing numerous writs with the courts for
fellow inmates and with this experience he was able to postpone his
execution for four years with with writs and petitions that went as
MOSS, Kelly
Moss, a 7-year-old white resident of henderson, Ky., had been in
trouble almost constantly since 1950 and was released on parole
from the State Prison on Sept, 22, 1957, after having served a sen-
tence for a fobbery conviction in Webster County, his fourth felony
conviction, ‘hile he was in prison, his mother had married 7l~year-
old Charles Abbitt, a frail man in declining health, Moss disappro-
ved of the marriage and tried in every manner to get his mother to
divorce Abbitt, On the evening of Nov. 6, 1957, Mr. Abbitt took his
wife to church and returned home alone, Shortly afterwards, Moss
arrived at the house in a taxicab and drunk, He forced his way in-
side and beat and bludgeoned Abbitt to death, Moss was captured the
next day hiding in a privy behind a rural church at Robards and taken
to Eddyville for safe-keeping until his trial at which he was con-
victed and sentenced to die, His defense was based on the idea that
the old man had attacked him first and that he had fought back in
self-defense, A poorly educated man who was possessed of a good
mind, Moss, during his earlier penitentiary service, had become a
good jail-house lawyer, filing numerous writs with the courts for
fellow inmates and with this experience he was able to postpone his
execution for four years with with writs and petitions that went as
MOSS, Kelly
Moss, a l7-year-old white resident of henderson, Ky., had been in
trouble almost constantly since 1950 and was released on parole
from the State Prison on Sept, 22, 1957, after having served a sen-
tence for a fobbery conviction in Webster County, his fourth felony
conviction, While he was in prison, his mother had married 7l-year-
old Charles Abbitt, a frail man in declining health, Moss disappro-
ved of the marriage and tried in every manner to get his mother to
divorce Abbitt, On the evening of Nov. 6, 1957, Mr, Abbitt took his
wife to church and returned home alone, Shortly afterwards, Moss
arrived at the house in a taxicab and drunk, He forced his way in-
side and beat and bludgeoned Moss was captured the
i in a privy behind a rural church at Robards and taken
to Eddyville for safe-keeping until his trial at which he was con=
victed and sentenced to die, His defense was based on the idea that
the old man had attacked him first and that he had fought back in
self-defense, A poorly educated man who was possessed of a good
nind, Moss, during his earlier penitentiary service, had become a
d’jail-house lawyer, filing numerous writs with the courts for
ow inmates and with this experience he was able to postpone his
execution for four years with with writs and petitions that went as
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