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78 . INCIDENTS,
liamson, at prices varying from $4 to $7 50 per year, agere-
gating 522 per year—showing that the fisheries
good source of revenue,
s were then a
INCIDENTS.
The Columbus Sentinel of Feb. 26th, reports the killing
of Mr. James Hill, confectioner of Columbus, by a Mrs.
Berry, living a few miles from the city, where Mr. H. anda
friend ‘stopped and asked the woman to lend them a tumbler
from which to drink some champagne which they had along.
She refused, and a quarrel ensued between ITill and her, re-
sulting in his shooting into the upper part of the door, and
her shooting him with a shot gun. Ifill's body was interred
with Masonic honors.
Columbus and Macon were disputing as to which was the
best cotton market. The quotations were 15 to 15}¢. in Feb.
ruary, and 18¢. in March,
The Farmer's Bank of Chattahoochee was ‘resuscitated ”
in March, the stock having been purchased by J.S. Calhonn,
and others; Judge Calhoun, President, Chas. Bass, Cashier.
The steamer Ohioan was burned on the Chattahoochee,
eight miles below Ocheesce, early in May. She was freivht-
ed with merchandise for’Coltmbus. One servant eirl was
lost. The boat had fifteen passengers, who escaped. Boat
and cargo were valued at 325,000. She was owned prinel-
pally in Mobile.
Jim Henry was confined in the Jail of Russell county, and
the grand jury found a true bill against him for negro steal-
ing, the punishment of which was death. Ifis counsel sue-
ceeded in changing the venue to another county. The fol-
lowing Indians were convicted at the fall term of Russell
Circuit Court: Chilancha, alias John, for the murder of
Fannin, Tuscoona Fixico and four others for the murder of
Green, the stage driver, They were sentenced to be hung on
the 25th of November. Four others were detained in Russell
jail, to be tried at the next term. The six condemned In-
PRIN NN EP Ue Sete eee A ee OR NE IN MS AS
Ee ea Le aE as Ore a OT RR aE eee ET I TT TS Le Re RTT eS OE LS Cee ERE cee PEER MARNE es Rey
| satel ede taiineel apes dene eemintete ee gp
t
homer
PERSONAL.
diang, mentioned above, were hung at the av:ointed time in
Girard,
The first bale of new cotton, this year, As received at
Coluinbus on the 23d of August, from. the p.antation of M,
R. Evans, and sold by auction at 41} cents r+r pound. The
prevailing price in the “interior” markets «: that time was
16} to lic. The Macon Ifessenger doubtei the fairness of
this sale, and suggested that cotton was bought in Columbus
as land was sometimes—* by paying a high price for it, and
then receiving part of the money back again.”
Karly in November of this year, about two-thirds of the
town of Girard, opposite Columbus, was sot, and brought,
in the agvregate, about 270,900,—a sum showing that the
hope of building up a commercial rival to Colzrabus was then
strong. ‘The area of Girard laid out into town ists was about
one mile square,
PERSONAT,
At the October election, Lawhon was elects” Senator, and
Flournoy and Tolland Representatives of Muscozee county,
Judge Eli S. Shorter, one of the most wired lawyers in
Georgia, died in Columbus on the 13th of December.
The Methodist Conference was held in Cmbus in De-
cember, and the ministers were hospitably enzerrained by the
citizens. George A. Chappell was appointed Presiding Elder
of the Columbus District, and L. Pierce stations minister at
Columbus.
The following list of licenses granted by +
ties for the years 1836-7, gives the nam
business men of Columbus at that time:
Dray.—R. P. Spencer, A. B. Baker, E. L. Wittich. Seaborn Jones,
Charles E. Mims, Ek. W. Starr, Philip T. Schley. ALK. Ayer, Walter
T. Colquitt, Elijah Rosson, Joseph Bender, M. R. Evans. John 8. A}.
len, John T. Walker, John Code, T. G. Atwood, AYen -T, Mims, B.S
Greenwood, Sain’! B. Thomas, Edward Featherston. 2. 8. Hardaway,
S. A. Bailey, Geo. W. Ross, Win. P. Yonge, John Dillingham,
Lovick Pierce, Johnson & Way, Mathew Robertson. Elisha Reid, Al-
bert G. Beckham, George G rieve, James Montgomery. John Southern,
te fon authori-
: many of the
ty
92)
Co
re
OLUMBUS, GEORGIA, 1827-1865, by John H. Martins Columbus: Gilbert Book Printer & Binder, 187),
C )
“OCQT“Sz-TL Seweqety Spxeuyy pesuey ‘YNVIGNI XIS
TUSCOONA FIXICO and four others, Native Americans, hanged Girard, Russell Co.,
November 25, 1836.
“The sentence of the law was enforced on Friday, November 25, 1836, by the hanging of
six Creek Indians at Girard, Ala., immediately opposite our city. Hundreds of persons from the
surrounding country attended to witness the execution, and retired, perhaps with their curiosity
less satisfied that when in the morning the left their homes eager to witness the breaking of an
Indian’s neck. Such were the cruelties of the Indians during the late War, and so vivid and
striking is the picture of their horrid deed still before our eyes, that we can scarce know pity for
the race under any circumstances. Yet we are well aware that the most prominent actors in the
bloody drama which has just closed around us have escaped of justice; and in the execution of
which we are now speaking, doubltess some unlikely son of the forrest suffered in the very midst
of his innocence. But it cannot be helped...Columbus Rep.”-Southern Advocate, Huntsville, AL,
1/3/1837.
“When my father moved to Columbus (around 1836) there were many Creek Indians in
Russell County, Ala., who soon became hostile and killed many men, women and children. There
were seven of them tried for murder in Gi rard just across the Chattahoochie River and hung at
the same time from the same gallows. On ascending the scaffold each one was asked if he had
ever done anything for which he was sorry. Six answered no; the other said he killed an entire
family, the last one of which was a babe he took from its cradle and dashed its brains out against
a tree; he said when he took the baby in his arms, it smiled in his face; for this he was sorry and
for nothing else. As the trap was sprung they gave the terrible Indian war whoop. Soon after this
the tribe was removed by the U. S. Government to the far West.”-Reminiscences, by Robert M.
Howard; Columbus: Gilbert Printing Co., 1912, page 2.
Tuscoona Fixico was a Chief of a tribe of Creek Indians in Russell County. In 1836 he
and his followers revolted and sought to drive the whites back across the Chattahoochie River.
Settlers were killed and on May 15, 1836, three stages going to Montgomery were raided and
burned. Fortunately there was only one fatality in this engagement, a Mr. Lackey. After they had
been apprehended, Tuscoona Fixico and four of his followers were convicted of murder and
hanged on the same scaffold as Chilancha.”-Columbus, Ga., 1827-1865, by John H. Martin;
Columbus: Gilbert Book Printer & Binder, 1874, page 78; “The History of Opelika and Her
Agricultural Tributary Territory, Embracing More Particularly Lee and Russell Counties, from the
Earliest Settlement to the Present Date,” by Rev. F. L. Cherry, Zhe Alabama Historical
Quarterly, Vol. 15, No. 2, 1953, pp 284-85, 291-96 & 399-401.
"|
im Mr. F D Barney is our Bock Keeper and we wiil
Qn Tuesday morning the 15th inst., the foregoing papers
were found by three whit men and placed by one of them in
the hands of Mr. Ed. McCall, who delivered them to the
Solicitor for action. On Wednesday morning a meeting of
citizens of Butler was called and it was decided that
warrants for a few of the leaders should be issued and the
parties arrested and = lodged in jail. which was promptly
done, and the negroes were arrested: Jack Turner, Jesse
Wilson, F. D. Barney, Peter Hill. Range West, Willis Lyman,
and Arcn Scott. :
On Thurdday evening a mass meeting of between two and
three hundred people, after mature deliberation, agreed toa
postpone action until Saturday, at which all the citizen of
the county. black and white, were requested to meet and
determine what should be done with the malefactors.
About one thousand people of all clases accordingly
assembled at Butler on Saturday, and the evidence against
the parties charged was submitted, and it was decided that
Jack Turner should be taken out of the jail and “hanged by
the neck till dead.”
At about fifteen minutes after one p.m. the ceremony was
performed. and Jack Turner, who for eight years past has
been the betencir of the citizens of the county, breathed
his last. Uo met his death coolly and made a deliberate
and steady speech just before the block wa knocked from
under him. He died persisting in a stubborn denial af the
charges contained in the papers.
THOMAS, Wallace Norrell
x *
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ae
ee ae ee
vie
hea
URNA
14
‘The Alabama Supreme Court upheld
«. ‘the conviction Friday of a man sen-
tenced to die for the 1976 killing of a
d Birmingham-Southern College coed.
‘In an unanimous decision, the court
KO rejected the legal arguments pres-
y
«
ented on behalf of Wallace Norrell
Thomas, United Press International
{ reported. Rie as
~ Thomas was convicted twice for the
shooting death of Quenette Shehane,
who was abducted from a Birm-
: ingham convenience store Dec. 20,
BPR,
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TRO 2 NaeyFaay or 5 im
“For I Heard Them Say, ‘Let Us Go To Dothan" - Genesis 37:17
Volume 83 — Number 288 Dothan, Alabama ~ July 14, 1990 22 Pages — 2 Sections 35 Cents
Shehane voices relief after |
daughter’s killer executed
6
By The Associated Press; _
MONTGOMERY — Miriam
Shehane, who waited almost 14
ago for her daughter’s killer to
executed, said Friday she was
relieved that the sentence finally
But, she.
added, her — |
efforts on.J§.
behalf of crime.
victims and‘
their families
— including
herself — are
far from over.
Wallace
cpomat was
put to dea
bee Friday Thomas
for the 1976 abduction and slaying
of collegestudent :Quenette
Shehane, ' whose killing’ prompted
her mother to help found Victims of
Crime and Leniency (VOCAL).
“T feel kind of drained at this
—— but I’m relieved,” Mrs.
hehane said in in a telephone
interview from her home in Clio.
“We had doubts that it would ever
come to pass. But as far as we’re
concerned,.. justice has been
served.” -
Mrs. Shehane was at the state
attorney general’s office in Mont-
omery with her family and
riends when the execution was
carried out. Prosecutors, who had
an open telephone line to Holman
Prison in Atmore, received word at
12:19 a.m. that Thomas was dead.
“T couldn’t help but wonder what
was going through his mind,” Mrs.
Shehane said. “I kept thinking of
Quenette and how she was
tortured. And even though the
execution ... was not as tortuous as
what she ‘went through, I was
happ that it was coming to pass.”
till, she pointed out, Thomas’
co-defendants are still in prison.
Eddie Bernard Neal was convicted
of capital murder and sentenced to
life without parole, and Jerry
Jones was given a life sentence for
murder. im :
“T do not think that’s fair,” said
Mrs. Shehane, who is a victims
assistance officer for Montgomery
County District rgb | Jimmy
Evans. “They were. all equally
_Tesponsible. ... But just the others
did not receive the death penalty
doesn’t mean that Thomas did not
deserve to get it.”
She vowed to spend the rest of
her life ensuring that Neal and
Jones never’ get ‘out of prison.
Jones has already been up fo
, parole on two occasions, she said.
“I would like to spend my time
with my two other children and my
five grandchildren,”’ Mrs. Shehane
said. “But I’ve got to use my
energy to keep them (Neal and
Thomas) incarcerated.” ‘
Assistant Attorney General Ed
Carnes, who helped prosecute the
case, pledged his support to keep
Jones behind bars.
“We'll fight it no matter what,”
he said of future parole opportuni-
ties. “We hope he never gets out.
But the only ones you can say for
certain are never going to get out
are the ones you execute. No court
can ever order them released.
There will never be any escape.
a3
Ra
Please See Shehane Page 3-A
Miriam Shehane hugs a friend Friday
(
»gMotion * for.
“== Stay of. execu- |
the execution Thomas
HOMAS,
Shehane
murderer
executed _
By JAY REEVES
“Associated Press Writer
.ATMORE::—” Wallace Norrell
Thomas was. executed in Alaba-.
ma’s electric chair early Friday.
for the 1976:abduction and slaying
of a Birmingham: college student:
that jhelped start the state’s
Victims’, rights movement.
~The Alabama
Supreme Court
denied anf
emergency
restated ‘pis® :
intention’ to" let Li
proceed after |
the U.S. Supreme Court voted 7-2 »|
Thursday to reject Thomas’ pled'to.
halt it.
..Voting to. grant ‘the. stay were
Justices William \J. ‘Brennan and
| Thurgood. Marshall, who oppose
the death’ penalty in ‘all
-. @ircumstances.
‘Thomas refused a last meal
Thursday: evening to spend more.
time visiting his family. . )
‘Among age ‘scheduled to
Witness the.execution were
-Thomas’ brother, two nieces and a
death-penalty opponent who works .
with “Project Hope,’’ Yvonne,
- Voight of Rosendale, Wisc. bi
*
Thomas’ lawyer, Bryan Steven-. |
- Son, argued that the electric chair
is inhumane, noting, two instances
-in which inmates .were not killed
with the first flip of the switch. __
Stevenson .also challenged a |
judge’s instructions to jurors in
Thomas’ capital murder trial.
EMEGCE 28
Jefferson
| tHOMAS, Wellece Norrell black, elec. Aas (Jefferson) 7-13-1990.
Thomas, 35, was convicted in the
Dec. 20, 1976, fatal shooting of
Quenette Shehane, 21, of Clio, a
Birmingham-Southern College stu-
dent abducted when she went to
buy salad dressing at a conve-
nience store near the campus. ~
The 11th U.S. Circuit Court of Ap-
peals in Atlanta issued a one-page
order Rese saying Thomas’
last-minute challenge was without
merit, clearing the way for a
Supreme Court appeal Thursday...
-Hunt said Thursday that
Thomas’ lawyer had been in touch
with his office.
Stacey Rimer, the governor’s
assistant press secretary, said a.
niece of the condemned inmate
called Wednesday.
‘We did explain they could come .
in and meet with the governor’s
legal counsel,” she said, but as of
noon Thursday there were no visits"
by Thomas’ relatives on his behalf.
Thomas spent: Thursday visiting
with relatives at Holman Prison,
where Department of Corrections
spokeswoman Debbie Herbert said
the electric chair had been tested
successfully. :
-“He spent most of the morning
meeting with family members,”
Corrections spokesman John Hale
said. ‘“‘He gave his TV to one of his
family members and some other
peer belongings to an inmate
riend.”’ oe
The scheduled execution could be:
the last in Alabama’s 63-year-old .
electric chair. Corrections officials .
have signed a $53,000 contract for
construction of a new electric.
chair, which is expected to be in-
stalled later this year. ae:
‘Thomas was convicted : and
sentenced to death twice for. the
shooting death of Miss Shehane, 21.
The victim’s mother,: Miriam —
Shehane, has become: Alabama’s
leading advocate for crime victims
in the years since the murder.- -
13,1970
v4
a 4
thehane_“""
1 a niece called on Wednesday
“Jast-ditch play 07 my
= hy.”
“She was giving me a guilt trip,”
id Mrs. Shehane, who did not
: back. ... Lcou dn
dgewise SO I finally had to hang
ip. ;
On Thursday evening, a memor-
al service was held for Miss
Shehane, who was 21 when she was 4
abducted, stripped, battered and‘
shot to‘death @ ter, she ‘went, toa”
‘store to uy a bottle of
salad dressing. Py facts
ed from Page One)
so let’s do something.”
rs, Shehane h pass
several crime pills in abama,
according t0 Evans, who also
spoke at the service.
Evans jauded her efforts to pass
legislation mandating one-to-one
jury strikes f
up for parole. ate? cect!
“(Miss Shehane) |} living
today,” Evans said. “She’s in
in
sentencing
dited appeals: Use for. death
row: inmates. ‘For: "several years,
VOCAL) has supporter legislation
ca
Supreme Court rather than goin
ough the Court of Crimina.
Appeals. :
“Everyone should have the right
ir innocence. No one
son
taps is; liver Does Morel
IT HAS TAKEN the wheels
ef justice 14 years to turn in
{he case of Quenette Shehane
Clio.
4 Miss Shehane was a student
St
Birmingham-Southern Col-:
ege in Birmingham in 1976
hen she was abducted from
convenience store near the
ollege campus by three men.
hey took her to an isolated
fer and brutally murdered
er. : |
* All three men were ap-
rehended and convicted. All
hree are still alive. Eddie
eal was sentenced to life in
rison without parole and
Jerry Lee Jones was sentenc-
¢d to life.
® The third, Wallace Norrell
homas, just this week lost
n appeal to the US.
upreme Court and is looking
yt a date in Alabama’s elec-
ee chair.-As a matter of fact,
ssistant State Attorney
General Ed Carnes has filed
apers with the Alabama
upreme Court asking it to
Slow for Shehanes
Set an execution date. _
Miss Shehane’s parents,
Miriam and Edward Shehane
of Clio, have been in and out
of courtrooms and have had |
to sit through numerous trials
in the 14 years. They have
worked tirelessly on behalf of -
victims’ rights while obvious-
ly disappointed that retribu-
tion for their daughter’s
death has been slow in
coming. | oe
Mr. and Mrs. Shehane, Dar-
rell and Marian Thompson
and J.D..and Jean Smith ‘of
Montgomery along with Mon-
tgomery County District At-
torney Jimmy Evans founded
VOCAL (Victims of Crime
and Leniency), an outstan-
ding voice for victims’ and
their families’ rights in this
State.
From tragedy has come an
organization that has caused
the courts to see the “other
side’’ of crime — that of the
innocents. | |
The Dothan Eagle
Thursday, May 24, 1990
Ss
EXECUTION ALERT
The National Execution Alert Network ig a project
of the National Coalition to Abolish the Death Penalty
For more information, contact:
Pamela Rutter, NCADP,
1325 G St. NW, Lower Level B,
Washington pa 20005
ALERT
(202) 347-2411
June 20, 1990
9
*KEXECUTION ALERTX*EXECUTION ALERTX*EXECUTION ALERTX*EXECUTION ALERT**
ARKANSAS KKSUILCTIDEX*
25 JUNE 1990
LETHAL INJECTION
RONALD GENE SIMMONS, (White), a 49, has been on death row gince 1988.
He was convicted in two separate trials for murdering 14 family members
and two Russellville residents on December 28, 1987.
Simmons has said
he wante to die to “end the torture and euffering in me.”
In this past Spring, the U.S. Supreme Court ruled that Arkansas
does not have to provide mandatory review for death row prisoners.
TAKE ACTION, CONTACT:
Gov. Bill Clinton
State Capitol
Little Rock AR
(501) 682-2345 FAX:
TEXAS KKSULCIDEX*
26 JUNE 1990
72201
(501) 682-1382
LETHAL INJECTION
JAMES SMITH, (Black), ag¢ 37, hae been on death row since 1983.
convicted of the robbery/murder
He wae
of a white male. Smith has
consistently wanted to be executed because he doesn’t want to epend the
rest of his Life in prison.
TAKE ACTION, CONTACT:
Attorney General Jim Mattox
State Capitol
Austin, TX 78711
(512) 463-2100
29 JUNE 1990
Gov. William P. Clements Jr.
PO Box 12428
Austin TX 78711
(512) 463-2000
FAX: (512) 463-1849
ELECTROCUTION
JOSEPH SAVINO, (White), age 30,
He was convicted of the robbery/nurder of his homosexual lover.
hae been on death row eilnce June 1989.
Savino
pled guilty, has had his direct appeal and wante to be executed. :
TAKE ACTION, CONTACT:
TEXAS 11 JULY 1990
Atty Gen Mary Sue Terry
Supreme Court Bldg
102 N 8th St.
Richmond VA 23212
(804) 786-2071
LETHAL INJECTION
KENNETH GRANVIEL, (Black), ag&¢ 39, hae been on death row since November
1975.
TAKE ACTION, CONTACT:
Attorney General Jim Mattox
State Capitol
Austin, TX 78711
(512) 463-2100
ALABAMA
13 JULY 1990
He wae convicted of the murder of a 2-year old white female.
Gov. William P. Clements Jr.
PO Box 12428
Austin TX 78711
(512) 463-2000
FAX: (512) 463-1849
ELECTROCUTION
WALLACE NORRELL THOMAS, (Black), ag8¢ 36, has been on death row since
July 1982. He was convicted of
two codefendant 6 received life
circumstantial evidence, and one
TAKE ACTION, wig! Aa ae Gov. Guy
ts
e
VIRGINIA 19
weet S Union St.
Montgomery AL
’ (205) 261-7100 FAX:
the murder of 4 white female. Thomas”
sentences. Thomas Was convicted on
of his codefendant 6 confession.
Hunt
36130
(205) 261-4017
JULY 1990 ELECTROCUTION
RICKY BOGGS, (White), age 27, ha
He was convicted of the murder ©
Gov. Doug
State Capitol
TAKE ACTION, CONTACT:
Richmond
(804) 786-2211
FAX: (804) 786-3985
6 been on death row since October 1984.
f an elderly white female.
tas Wilder Atty Gen Mary Sue Terry
Supreme Court Bldg
102 N 8th St. .
Richmond VA 23212
(804) 786-2071
VA 23219
The Dothan Eagle, Saturday, June 2, 1990
ALABAMA
on
|
By The Associated Press
Animals readied for
_Do Dah Day parade
BIRMINGHAM, Ala. _
Larry ‘“Bud’’ Melman has an
idea what to look for when he
judges the Stupid Pet Tricks as
part of the city’s Do Dah Day ac-
tivities Saturday. -
. “Originality, I guess,’’ said
Melman. |
Melman, grand marshal of a
Do, Dah Day parade that
precedes the animal judging,
said he will look for ‘“‘something
completely different, off the
beaten track, like something
‘David would do.”’
The day’s activities are held .
for the benefit of the Birm-
lingham Humane Society, which
received $27,104 a year ago
when Jessica Hahn was the
grand marshal.
_ Grants assure
_work to continue
‘MOBILE —> An appeal for
funds resulted in grants of about
$300,000 for continued excava-
_ tion of a historic French settle-
ment north of Mobile.
Stephen Thomas, an associate
dean at the University of South
Alabama, said Friday the
grants from the National En-
‘dowment for. the Humanities
and the state of Alabama allows —
i thework to continue on the Old
‘Mobile Project. — :
‘ Court sets July 13
- execution date
MONTGOMERY — A July 13
execution date was set Friday
for Wallace Norrell Thomas,
convicted in the 1976 slaying of a
Birmingham coed whose
mother launched the victims’
rights movement in Alabama
during years of trials and
retrials.
The Alabama Supreme Court,
acting 10 days after the U.S.
Supreme Court declined to alter
the death sentence, ordered
Thomas put to death in
Alabama’s electric chair at
ses Prison at 12:01 a.m. Ju-
y 13.
Thomas, who was a fraternit
resident at Daniel Payne Col-.
ege at the time, was sentenced
to die for the 1976 abduction and
shooting death of Quenette
Shehane, a Birmingham-
Southern College student from
Clio.
“(four
(
iyotleet
orell
Court sets
killer’s |
execution
Associated Press Report
A July 13 execution date was
set Friday for Wallace Norrell
Thomas, convicted in the 1976
slaying of..a Birmingham coed
whose mother launched. the vic-
tims’ rights movement: in Ala-
bama during years of trials and
retrials. oh ae
The Alabama Supreme: Court,
acting 10 days after the U.S. Su-
preme Court declined to alter
the death sentence, ordered
Thomas put to death in Ala-
bama’s electric chair at Holman
Prison at 12:01 a.m. July 13.
Thomas, now 35, was _ sen-
tenced to die for the 1976
abduction and shooting death of
Quenette Shehane, 21, a Bir-
mingham-Southern College stu-
dent from Clio.
According to testimony, Miss
Shehane had driven to,a food
store near.the campus to buy sal-
ad dressing when ~-she was
abducted by three men in the
parking lot, stripped of her
clothes, driven to an isolated
area and shot to death.
Thomas, a fraternity president
at Daniel Payne College at the
time, was accused of being the
triggerman in the murder. Two
others accused of taking part in
the abduction were also con-
victed in the murder case. Eddie
Bernard Neal, now 32, was con- |
victed of capital murder and sen-
tenced to life without parole, and
Jerry Jones, now 33, was given a
life sentence.
A\ “
|
“Miss Shehane’s mother, Mirl-
am Shehane, who now lives in
Montgomery, followed the case
through a series of hearings, tri-
als, convictions, appeals, re- | |
versals, retrials, and new
appeals. Thomas’ initial death
sentence was overturned, but he
was sentenced to death when
convicted again at his second tri-
al.
It was during this ordeal of
court proceedings over her
daughter’s murder that Mrs.
Shehane founded. an organiza-
tion called Victims of Crimes and.
Leniency, known = as VOCAL,
which has_ inspired °. statutory
changes designed to assist vic-
tims and their families in crimi-
nal prosecutions. She is now a
victims’ assistance officer in the
Montgomery County District
Attorney’s Office.
“I just feel relieved,” she said
after learning of the execution
date Friday. “For him at least, it,
will soon be over.”
She said she no longer is cer-
tain she wants to witness the ex-
ecution. “In the beginning I was
adamant about going,” she said.
But after all the years the case
has taken, she said, “I don’t
know. ... It is not a priority with
me to go down there.”
With her work in the field. of
victims’ rights, Mrs. Shehane
said she has been “trying to
make something positive from
something terrible. It won't
bring my daughter back. ... But I
fourd I had to do something to
help someone else.” '
She said the length of time the
case: has taken is wrong.
“Thirteen and a-half years is
much, much too long,” she said.
After the U.S. Supreme Court
turned down Thomas’ appeal
May 21, Mrs. Shehane said,
“There’s finally an end to one of
them. I’ll have to fight the rest of
my life to keep the other two in |
(prison).”
| ALABAMA GUARD
[PROTECTS NEGRO
—_
AT HIS TRIAL
Anniston, Ala.. August 15.—
Two companies of infantry, two
machine gun units of the Ala-
bama national guard left Camp
McClelland this merning for
Birmingham. to accompany
Clyde Thomas, a negro to Cen-
terville for arraignment and
trial for murder in connection
with the death of a farmers 14
year old daughter near Randolph
“T
Tuesday: {The girl, it isisaid byt.
authorities, was ~-criminally|
——s ——
assaulted and: choked to-death.
°*T> C. 3 é sn a
TZ6T/ST/6 TY S9TTTAza1UsN peFuey ‘HoeTQ ‘apfTO ‘erMOHL
brought back to life, but perhaps her family found a small
amount of comfort in seeing her attacker brought to justice so
quickly. The trial went down in the history books as the swift-
est trial in the state of Alabama!
When I learned of the crime from J. C. Wallace, who now
lives in Selma, Alabama, I was thrown into a fit of depression
and shock. One must place oneself in the position of the sweet,
innocent, naive little girl and try to imagine the terror that
must have stricken her young heart when she was dragged into
those woods. Then you must ask yourself why anything so hor-
rible happened. Why? There are some things we just cannot un-
derstand in our lives.
90
CHAPTER TWELVE
Murder for Love
©). a Saturday night in January of 1922, a
particularly grisly murder occurred in “Bloody Bibb” County.
The location was Woodstock, which lies in the northern part of
the county. A young negro woman by the name of Nellie Bester
slipped up behind her husband as he sat gazing into the fire-
place. She completely severed the top of the unsuspecting man’s
head with an ax she had sharpened for just this purpose!
After accomplishing this horrible task, Nellie shoved Smith’s
body into the fireplace. She fed the fire all night long but was
unable to totally cremate the body by daybreak. Fearing that
her crime would be discovered, Nellie cut her husband’s legs off
at the knees and threw them into a nearby creek. She returned
to her house and unjointed the body at the hips and carried the
load to the creek in an old woven basket. On her third trip to the
creek, the disturbed woman deposited the torso of her victim in
the water.
Later that afternoon, Nellie’s neighbors stopped by her house
for a visit. She told them that her husband had gone to look for
work in Birmingham. The next day, a cousin of Smith’s also
stopped by; and, Nellie told him that she did not know where
her spouse was. This inconsistency drew attention to the mur-
deress. Had she told the same story as to her husband’s where-
abouts, suspicions would not have been aroused. The cousin,
though, went by the Bester’s neighbor’s house and learned that
Nellie had told them a different story.
The cousin was so suspicious of Nellie that he sent for the
sheriff. The sheriff and his deputies came to the Bester house
and made their investigation. They too suspected foul play and
swore out a warrant for Nellie’s arrest. Nellie, however, had al-
ready fled from the county. Sheriff Woods received a tip that she
sp
him. The sheriff agreed because he wanted to see justice done. |
“Bloody Bibb” had already seen enough blood spilled without
the mob adding to it.
After hearing rumors of a lynch, Sheriff Woods decided to se-
cretly send the suspect to Birmingham for incarceration until
his trial. He knew he did not have sufficient manpower to with-
stand the onslaught of an angry mob. Clyde was slipped into a
waiting car to be taken to the Jefferson County Jail before any-
one knew what had taken place. He was safely tucked away in
the “Big Rock” Jail as it was nicknamed due to its claims of
being escape proof. According to newspaper accounts of the day,
Clyde was the first capital punishment victim of Alabama put
in the jail!
Six days after the murder, Clyde was returned to Centreville
for arraignment on a rape and murder charge. The Bibb County
grand jury indicted him within 22 minutes. The charge to the
jury was probably the shortest ever made by Circuit Judge
Hobbs, but the dispatch with which the judge secured an early
trial was received with much gratification by the citizens of the
county.
Attorneys Frank Head and J. T. Fuller were appointed by the
court to represent the defendant. Although this action was
taken with much rapidness, two companies of soldiers were nec-
essary to escort Clyde to Centreville. The authorities were well
aware of the fact that the situation carried a lot of potential for
violence simply because the suspect had not already been exe-
cuted for his crime. Luckily, however, cool heads prevailed the
day of the arraignment; the people adhered to Judge Hobbs’
wishes for an orderly trial. The trial date was set for the follow-
ing Wednesday, nine days after the crime, at 8:30 a.m.
Witnesses for the state were John Wallace, Gaston Wallace,
Jim Chapman, Sheriff Huey Woods, Deputy Charlie Oakely,
Doctor Laney, and Clay Horn.
The defense had two witnesses, but they did not show up for
the trial. The case was submitted to the jury without argument.
Judge Hobbs charged the jury as to the law in rape and mur-
der cases. Within ten minutes, the jury returned with their ver-
dict: guilty of murder in the first degree, with punishment as
death.
The Bibb County circuit jury for the case consisted of the fol-
lowing men: F. M. Meigs as foreman, W. B. Schofield, Claude
88
a -
Jones, Dillard Thompson, Grady Ragland, Robert Walker,
Robert Yeager, Chester Averette, J. Ed Wallace, James R.
Meigs, Robert L. Caddell, and Barney Thompson.
Just before sentencing, Judge Hobbs asked Clyde Thomas if
there was any reason the sentence of the court should not be
imposed. The defendant had nothing to say. Execution was set
for Thursday, September 15, 1921. Clyde was then returned to
Birmingham to await the hanging.
On the scheduled date, Clyde arrived on the 8:20 train from
Birmingham escorted by Sheriff Woods and two military com-
panies of soldiers from Jefferson County. Four machine guns
were placed on a truck that preceded the march from the train
depot to the county jail. Hundreds of citizens from the county
lined the sidewalks.
Preparations began immediately after Clyde arrived in Cen-
treville. He was placed in the condemned man’s cell and left
alone with two black preachers for a few minutes. He was then
led to the gallows and placed in position. Sheriff Woods pulled
the lever of the trap door, and Clyde’s body shot through with a
jerk that broke his neck. He was left hanging for 13 minutes
before the physician in charge pronounced him dead.
Clyde’s body was cut down and placed in a coffin to be re-
turned to Birmingham for burial in a potter’s field. The gover-
nor of the state had ordered the body buried in Jefferson County
out of fear that it would be dug up and burned by the irate citi-
zens of Randolph.
The execution was witnessed by Lula Wallace, the victim’s
mother, her sister and two brothers. As Clyde’s body shot
through the trap door of the gallows, there was a faint applause
from Mrs. Wallace as she shed tears for her daughter’s brutal
murder.
In the mid 1950's, J. C. Woodard related to me the fact that
Clyde’s artificial eye popped from its socket when his neck
broke. Several young boys in the crowd had to be stopped from
retrieving it!
The rape and murder of little Annie Lee Wallace was the .
most brutal, sadistic crime that could have ever been perpe-
trated by someone reared in the community. What is really
surprising is that Clyde Thomas had an excellent reputation
among the black people as well as the whites. One must wonder
what drove him to such a heinous act. Annie Lee could never be
89
&
Box 98 on
Centreville} Alabama 35042
October 18, 1977
aie i%*
» Fh a
Mr. Watt Espy, Jr.
Law Library
Box 6205
University, Alabama
Dear Mr. Nagy:
I held up my letter to try to verify the hangins of
the cases I reported, and that of Nellie Bestor.
I checked THB CENTREVILLE PRESS files,but found the
office files tncomplete yesterday, so looked in the old
files in the “ourthouse attic this morning. The file for 1911
and 1923-1935 were missing at the courthouse and the 1923
file was not in the fress building.
Kn account of the hanging of Alex Hill on August 4 was
given in the August 5, 1899 issue, with pictures of the
attorney, murderer, and others, but there was no information
about him in that. paper.
The September 15, 1921 paper reported that Clyde Thomas
would be executed September 15, at 9:30 A. M., and would be bought
from Birmingham, where he had been taken for safekeeping, by
the sheriff and State troops. He was said to have been raised at
Randolph and was always considered peaceable. On the September 22
issue, the reporte# described the hanging and said that snvldiers
were stationed at various points around the square during the
hanging. His body was returned to Birmingham and buried in
Potter's Field, on the order of the Governor.
In the same report of this hanging, the reporter saig that
Ephram High would be executed for highway robbery and the attempted
murder of Mr. Arnold of Yamp hugh ( Pondville). I did not check thi
R vek Heng
Mr.: Fred Wood,, whose father, Huey Wood, was sheriff of
Bibb County from 1920 to 1924, said that he dbes not recall the
hanging of Nellie Bestor. He said that his father hanged only
one person, Clyde Thomas. Miss Grace Ward, whose father served
three terms, includéng those before and after Mr. Waqod's, said her
father never hanged any one, although he thought he would have to.
She remebers his getting out the ropes and " stretching " them,
She remembered the Besbbr woman being sentenved, but did not recall
her being hanged. We believe the Governor may have gievn her a
commuted sentence. I am sorry I could not find the 1923 papers,
as I am sure there must have heen an account. You might be able
to find a report in an old Birmingham paper, if the University
keeps these old files.
Over
a”
\
Box 98
Centreville, Alabama 35042
October 15, 1977
Mr. Watt Espy, Jr.
Law Library
Box 6205
University, Alabama 35486
Dear Mr. Espy:
Dr. Rhoda Ellison and I searched some:of the olf’ CENTREVILLE
PRESS newspapers on file, in order to get information about some
of the famous cases tried in our Courthouse, and put this information
in our application to have Centreville Business District declared
a ‘ational Historical site.
I found an account in THE CENTREVILLE PRESS, June 8, 1899, and
in later ,dditions, reporting that Alex Hill, a Negro living near
EFoline, murdered l’'rs, Hester ( R. H. ) Hubbard, who lived near Eoline,
on June 5. He was represented by Jerome T. Fuller, a prominent
Centreville lawyer. He was sentenced to be hanged on August 4., 1899,
at his trial Jne 30.
Dr. Ellison found an account in THE CENTREVILLE PRESS, November
23, 1911, of the trial of “enry Wineton, alias Josh Wecgworth, on
November 18, He was convicted and sentenced to be hanged on December 22,
He was a black. tramp and escaped convict. He allegedly robbed a Wirs,
Filgo of EFoline and " outraged" ( Raped) her daughter. He was trailed bu
bloodhoundsand captured.
Dr. Ellison also found an account if THE CENTREVILLE PRESS for
August 11 and 18, 1921, a report on Clyde Thomas, a black yardman
employed by John Wallace of R ndolph. He was tried for the August 9
rape arid murder of Mr. Wallace's fourteen year old daughter. He was
sentenced on August 17, after a ten minute deliberation by the jury,
to be hanged on September 15,
Mr. Foster told me that he was unable to find an indexed list
of the murder cases. I do not have time to check all the old records or
newspapers to try to find other cases. We did see accounts of other
cases, but made no notes on them, as we were looking for the most famous
cases tried here,
x
Sincerely,
Baia 7 ieee
Mrs. Josiah Kenn
CLYDE THOMAS, Black, hanged Centerville, Ala,, 9-15-1921, e
"Centreville, 8-15<1921-offte thomas, negro, escorted by 170 state troops, was brought to
Centreville this afternooff from Birmingham on a special train and arraigned on two indict- —
ments charging murder and assault which had been returned earlier in the day by the grand
jury. A plea of not guilty was entered by his attorneys who reserved the right to enter
an additional plea of not guilty by reason of insanity. Attorneys Jerome Fuller and Frank
Head were appointed by the court to defend the, negro, and his trial was set for morning
of 8-17-1921, foe N= |
"Thomas is alleged by the county solicitor and sheriff to have confessed to assaulting and
killing a lh-year-old white girl, daughter of a prominent farmer of the Randolph community,
the body of the girl being found in a strip of woods near her home last Thursday (Aug. 13)
afternoon, Thoms was arrested Saturday and rashed to Birmingham for safekeeping imme~
di_tely after his alleged confession, ;
"Feeling here is very tense and the guardsman will remain until the trial is concluded,
A special venire of 100 names were drawn this afternoon, Thomas was indicted within 10
minutes after the grand jury opened its session at 11 o'clock this morning.
"The negro was taken from the train to the courhouse with soldiers surrounding him, The
courthouse and courthouse square had been cleared of everyone except court officials and
attendants, After arraignment in open court, Thomas was taken to the county jail, where
the soldiers were stationed to guard him Col, W E, Bare is in command of the troops which
consist of one company from Opelika, one company from Montgomery and another Montgomery
company." AGE HERALD, B8ham, August 16, 1921,
"Centerville, August 17, 1921l-In less than hours after Clyde Thomas, negro, was placed
on trial here today on a charge of murder in connection with the death of the l-year-old
daughter of a white farmer last Tuesday he was found guilty by a jury and sentenced to
death, if the sentence is carried out he will be hanged 9-15-1921, This will be the
first hanging, insofar as records show, to take place on any day of the week except Fridaye
"Under the law 30 days must elapse between date of conviction and exeuction and in this
case the court fixed the earliest date possible,
"The prisoner was at once returned to Birmingham on a special train for safe keeping under
escort of two companies of militia and two machine gune detachments which guarded him
during the trial,
"The trial began this morning at the opening of court, consumed about two hours and 25
minutes and the jury was add about five minutes before the negro was declared guilty of
murder in the first degree and the penalty fixed at death, There was order and auiet
throughout the trial although tropps were present at all times,
"Clyde Thomas, negro, convicted of the murder of a lie-year-old girl in Randolph community
of 5ibb County, was placed in the Jefferson County jail for safekeeping. the negro was
brought to Btham by Sheriff Huey Woods. Following his arrest several days ago he was
confined in the county jail here and was taken to Centerville for trial Monday, “homas
admitted his guilt of the crime with which he was charged while being locked in a cell
at the jail here this afternoon, accoriling to officials," AGE HERALD, August 18, 1921.
"Centreville, Sept. 15, 1921-Cfe first legal hanging to occurr in Bibb County in many years
took place at the county jail today when Clyde Thomas, a negro, convicted of the murder of
a young white girl, was hanging. The morning train from Tuscaloosa, which arrived here
abubt 8 o'clock, brought the doomed man, who was in charge of Sheriff R, Huey Wood, and
guarded by about 100 soldiers, The sheriff, prisoner and soldiers, proceeded from the
depot to the county jail. The crowd from the surrounding country did not exceed 750
persons and many of those were from adjd@ining counties, There was no disorder, no hitch
to the programme incident to the hanging and barring the accidental discharge of a machine
gun, there was not the least excitement, At 10 o'clock the trp was sprung. His neck was
broken and within 13 minutes, the three attending physicians pronounced Thomas dead,
"The crime fior which Clyde Thomas was hanged was committed near Randolph, Bibb County, soma
weeks ago, when he choked to death Annie Lee Wallace a white girl. He finally confessed
to the crime, was indicted, tried and sentenced by the jury to hang on August 17.
"The condemned man was ordered to jail in Birmingham and he as been at that place since his
conviction until today, Colonel Baer had charge of the military escort," AGE HERALD
9-16-1921
i aa a aa
"Centerville, August 9, 192l-thile passing through a densely wooded section 4 mile from Ram= |
dolph, a l-year-old white girl was criminally attacked and choked to death this afternoon,
Her nude body was found by a passerby late this afternoon, Wf posse led by. Sheriff Woods of |
Bibb County late tonight was scouring the woods for the criminal Bloodhounds were put on the |
trail but lost it, The little girl was on her way home when the attack was made,"
BIRMINGHAM AGE HERALD, August 10, 1921,
"Centerville, August 12, 1921<XEKKCLyde Thomas, 35, negro, was arrested late yesterday in
connection with the assault and mrder of a lheyear-old white girl whose body was found in
a strip of woods near Randolph Tuesday afternoon, made a full confession to Sheriff Wood
arid County Solicitor Thompson this afternoon, according to the officers. Immediately
following the confession deputies left with Thomas for Birmingham, where he will be placed |
in the Jefferson County jail for safe keeping. According to the confession, as quoted by
the officers, no other person was implicated in the attack, Thomas lived in the Randolph |
section and was well acquainted with his victim, No untoward incident has occurred since
his arrest and quiet prevails," AGE HERALD, August 13, 1921.
THORNTON, Ransom, white, hanged Athens, Limestone Co., 1839; and
THRONTON, Mark, white, hanged Huntsville, Madison Co., December 11, 1840.
Ransom Thornton and his brother, Mark, shot, killed and robbed a man named White near
Athens. Both escaped but were traced and one was captuurned near Nashville, Tenn., and the
other near Franklin, Ky. Ransom was tried, convicted and hanged in Limestone County, while
Mark received a change of venue to Huntsville where he, too, was hanged in December, 1840.-
History of Athens and Incidentally of Lismestone County, by John Thomas Tanner (ed. By
W. Stanley & Addie S. Toole); University: Confederate Publishing Co., 1978.
On January 31, 1840, the Legislature of Alabama appropriated $12 to Thomas Redus for
“'_.executing sentence on Ransom Thornton and whipping Thomas S. Moore.”-Acts of Alabama,
Vol. 25, page 168.
“December 11, 1840-Today Thornton was hung in Huntsville...”-7he Journals of Thomas
Hubbard Hobbs, ed. by Faye Acton; University: University of Alabama Press, 1976, page 5.
“A man by the name sof White was murdered and robbed about four miles from town on
the Brown’s Ferry Road...The robbers were followed, one captured just before going off the far
end of the old bridge at Nashville, and the other in Franklin, Ky., and were brought back by Col.
H. H. Higgens. They were tried, found guilty and one of them was executed here and the other in
Huntsville. Their names were Thornton.”-” Athens Fifty Years Ago,” by John T. Tanner, a series
of articles appearing in 7he Post, Athens, AL, issue of July 7, 1876.
THOMPSON, John, black, electrocuted SP (Mobile Co.), February 9, 1934.
Thompson, 38, was convicted of shooting and killing grocer Henry Bloom in his store
located at Adams and Pine Streets.. Bloom had been killed during a holdup January 14, 1933,
and his wife was seriously wounded. Thompson and Louis Cunningham were convicted and both
b were sentenced to death, but Cunningham died of a heart ailment before the execution.-Press,
Mobile, AL, 2/9/1934; Register, Mobile, AL, 1/28/1938 (1/5) (retrospective).
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By The Associated Press| +
‘execution
‘MOBILE — Death row inmate
‘Wallace Norrell Thomas turned to
‘a federal appeals court. Tuesday
after a judge refused to stop his
Friday morning execution in
Alabama’s electric chair.
U.S. District Judge-'Alex T.
Howard Jr. of Mobile issued an
“order Tuesday refusing.a. stay of
execution for Thomas, convicted in
the 1976 kidnapping and gunshot
death of.:Birmingham-Southern
College student Quenette Shehane,
1
e.Bryan. Stevenson, an attorney
epresenting the 35-year-old in- «
ate, said the 11th U.S. Circuit.©
ACourt of Appeals was being asked <t
{to halt Thomas’ execution, set for +
12:01 a.m. Friday. ‘**"*" ~
While Stevenson said he was op- oO
timistic about his chances of being
able to delay the electrocution. co
state attorneys said they expected r-
‘it to be carried out on schedule.
Miss Shehane, of ,Clio, disap- -4
peared on Dec. 20, 1976, after driv- t
ing to a store near the™
Birmingham-Southern campus to g
buy salad dressing. Prosecutors §
said she was abducted ‘by three ©
men, stripped, driven to an isolated
area and shot to death. Her body 4
was found ina dit’ .. <
Thomas was arrested the follow-
ing January after a convenience ~
store robbery. Tests showed the @
gun used in the holdup wa%' the .c
same one, used to kil ‘Miss *
\Shehane, and his Vg print was 4
found on her car. Thomas also gave
a friend a television stolen from .*
Miss Shehane’s car. FS
“Thomas was convicted of being cs
the triggerman in the killing, but a
two others also were convicted of *
murder and. sentenced..to life
imprisonment... ee
“In the years since the killing Miss
Shehane’s mother, Miriam
Shehane, has become .a leader in
‘the victim’s rights movement in
,
‘Alabama.
_ Stevenson said Thomas’ execu-
tion should be halted because of
what he claimed were improper in-
Structions given to jurors by the
judge in Thomas’ second trial and
“5° Please See Thomas Page 14-A
. aie mics 1h
1%-day protest against Thomas’
(Continued from Page One)
roblems with Alabama’s
air.
“Two out of the last seven execu-
tions have been botched in pretty N.C.
severe ways,” said Stevenson. He
said it is “grossly offensive to a
Thomas
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burning and mutilating people in
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who died after the electric
Stevenson referred to last sunt
Meanwhile, a death penalty op-
ponent announced plans’ for a woman anda 5-year-oldc
mer’s electrocution of murderer-
rapist Horace Franklin “Dunkins
mistake in the initial execution
over a 19-minute span. Prison of-
y
attempt.
chair had to be turned on twice
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Jr,
~~
The Dothan Eagle, Thursday, July 5, 1990
ALABAMA
By The Associated Press
Mayor given OK on
museum financing
BIRMINGHAM — The Birm-
ingham City Council authorized
Mayor Richard Arrington to
secure $7.1 million in financing
to build a civil rights museum
downtown.
A resolution approved Tues-
day allows the mayor to seek
financing for the project,
possibly through the city’s Com-
mercial Development
Authority.
City officials said the money
would likely be obtained from
the sale of city property —
possibly a downtown building
used as a regional service
center for the Social Security
Administration.
Accident kills 4
in Elmore County
Four people died in an Elmore
County collision during the
Fourth of July holiday, in-
cluding a Highland Home man
and his daughter.
A State Trooper dispatcher
said a pickup truck and car col-
lided at 6:05 p.m. Tuesday on
Alabama Highway 9, seven
miles north of Wetumpka.
The victims were identified as
Bernard Jackson, 32, and Willie
James Freeman, 41, both of
Wetumpka and Sidney Glenn
Daniel Jr., 42, of Highland
Home and his daughter, Julie
Daniel, 3.
Inmate’s family will
appeal fate to Hunt
MONTGOMERY — Death
pena opponents traveled
ednesday to Alabama with
relatives of death row inmate
Wallace Norrell Thomas and
said they would try to convince
Gov. Guy. Hunt that the con-
demned : eptiael was wrongly
convicted.
Thomas, 35, was convicted in
the 1976 slaying of Quenette
Shehane of Clio, a student at
‘Birmingham-Southern College.
Thomas is scheduled to be ex-
: ecuted July 13.
Slaying suspect was
Alabama escapee
MAYODAN, N.C. — A
charged in the slaying’
month of two campers I’
ingham County was ider
a prison escapee from
who was serving:a lif
for murder: —
Wayne Raymon’
has been identifies
in the case. He
June 26 and chi
counts of first-¢
the deaths c
Richard Dear
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‘Miriam Shehane
Grief drove mother ©
to spearhead drive
for victims’ rights
By Stan Bailey
News staff writer
MONTGOMERY — The woman
who spearheaded Alabama’s victims
rights movement for much of the
past decade said she was driven to
her task by the grief she felt over
her daughter’s murder.
“I was trying to make some sense
out of what happened. It was selfish
on my part, trying to make good
come out of evil,” said Miriam She-
hane, the first president and one of
the founders of Victims of Crime
and Leniency.
William Norrell Thomas, who was
executed early today, was convicted
of being the triggerman in the slay-
in
g.
The bullet-riddled body of Mrs.
Shehane’s daughter, Quenette, 21,
was found in a ditch where state
prosecutors said she was dumped
after three men abducted her, took
her to a wooded area and assaulted
her on Dec. 20, 1976.
The Birmingham-Southern Col-
lege coed disappeared after driving
to a store near the college campus
for salad dressing.
Two other men — Jerry Lee Jones
and Edward Bernard Neal — were
convicted as accomplices. Jones is
serving a life sentence and Neal is
serving life without parole for their
roles in the crime.
“If I didn’t have to worry about
keeping them in jail for the rest of
my life, I could relax and finally
bury Quenette,” Mrs. Shehane said.
“I fear that they are going to be
released.”
Mrs. Shehane said people handle
grief differently.
Some people, including her hus-
band, Edward, tend to keep their
grief “bottled up,” she said.
“To handle my grief, I have to
fight back,” she said.
When a portion of Alabaina’s
death penalty law was declared
unconstitutional a few years ago,
Mrs. Shehane said the attorney gen-
eral’s office asked her to contact
other victims to appear before a
joint legislative committee to tes-
tify.
“I came to realize that not every-
body could handle it,” she said.
Some crime victims she contacted
told her they were going to put their
grief “in the hands of the Lord.”
“T wanted to scream, ‘You’re
wanting the Lord and me to handle
it.’ ” rt
Before Mrs. Shehane’s group was
formed, she testified before the Sen-
ate Judiciary Committee in favor of
a bill to allow prosecutors to dismiss
the same number of potential jurors
during jury selection as the defense.
Traditionally, the defense got two
strikes to @ach jury strike for the
prosecution: s
She said Sen. Ryan deGraffenried,
chairman of the Judiciary Commit-
tee at the time, told her she just
didn’t understand the judicial sys-
tem.
“I told him I understood it better
than he thought I did — I had expe-
rienced it,” she said. ‘
She came out of the Judiciary
Committee “fighting mad” and said
she felt like telling committee mem-
bers, “You have not seen the last of
me.” ;
Montgomery County District
Attorney Jimmy Evans, who also
had testified before the panel that
day, told her, “You can win this
game.” i
Mrs. Shehane said Evans showed
the group how to organize and file
articles of incorporation. "
In the years that followed, the
jury strike bill passed, as did legisla-
tion setting up the Crime Victims
Compensation Commission and
other measures.
“It only takes a few strong people
to make a difference. You do not
have to havé.an army,” she said.¢
aes
IVE bt? / B kaw,
C-CB LTO
PAGE 2E
THE BIRMINGHAM NEWS
From staff and wire reports
MOBILE — A federal judge denied a stay of
execution for Wallace Norrell Thomas, scheduled
to die in Alabama’s electric chair at midnight
er for the 1976 murder of a Birmingham
coed.
Chief U.S. District Judge Alex Howard Jr. also
ruled Monday that the electric chair is func-
tioning properly.
Bryan Stevenson of Montgomery, an attorney
from the Alabama Resource Center who is repre-
senting Thomas, said he will appeal the rul-
ing to the 11th Circuit Court of Appeals.
Thomas, 35, was convicted of the shooting
death of Quenette Shehane, who was a 21-year-old
student at Birmingham-Southern College.
Stevenson argued that having Thomas executed
in the present electric chair would be “cruel and
unusual punishment” because the chair has
caused unnecessary burns. Stevenson referred to
_
T-£0E-/7¢797 0 METRO/STATE
Thomas denied stay of execution
-.last summer’s electrocution of murderer-rapist
Horace Rranklin Dunkins Jr., who died after two
surges of electricity over a 19-minute span.
The botched execution has been cited by
Amnesty International as an example of alleged
human rights violations around the world.
“Doctors found he (Dunkins) was unconscious
but had a strong heart beat. A second electric
shock was administered nine_minutes later after
the chair had been reconnected,” Amnesty Inter-
national said in a report just released.
Debbie Herbert, spokeswoman for the state
prison system, said the state and federal courts
have ruled Alabama’s method of execution con-
stitutional.
The extra jolt of electricity needed to kill Dun-
kins was caused by “human error. It was not done
deliberately, and we regret what happened,” she
said.
Stevenson presented testimony from Theodore
Bernstein, a professor of electrical engineering at
the University of Wisconsin who said Alabama’s
electric chair is outdated and operated by impro-
perly crained personnel.
Ed Carnes, a prosecutor with the state attorney
general’s office, presented the testimony of
Michael Morris, an assistant professor of electri-
cal engineering at Auburn University. Morris,
who studied the Dunkins execution, said no elec-
trical current passed through Dunkins the first
time the lever was pulled.
There was testimony that some people conduct-
ing the execution connected the wrong cables,
preventing any. electricity from coursing through
Dunkins the first time the lever was pulled.
Both Morris and the prisoner’s witness agreed
that no voltage passed through Dunkins on the
first attempt.
Morris said twice since the Dunkins execution
that he has watched the chair operate properly a
number of times and believes it will operate pro-
perly, and that the man in charge of maintaining
the chair is competent to do his job.
fy
—
THOMAS, Wallace Norrell,black, elec.
Thomas
dies for
Shehane
murder
Ala. SP (Jefferson) 7-13=-1990,5,
By Carol Ropingon
News staff writer
ATMORE —
Wallace Norrell
Thomés, wearing
a purple ribbon
that read ‘‘Exe-
cute Justice, Not
People,” died in Alabama’s electric
chair early this morning for the 1976
slaying of Birmingham-Southern
College coed Quenette Shehane.
Thomas, 35, was pronounced dead
at 12:19 a.m. at Holman Prison near
Atmore. He was the 133rd_ person
executed since the Supreme Court in
1976 allowed states to resume use of
the death penalty. He was the eighth
to die in Alabama and the first this
year. nh
The brutal murder of Miss She-
hane, who was abducted outside a
convenience store, waS a high pro-
file case that helped launch the vic-
tims’ rights movement in Alabama.
Miss Shehane’s mother, Miriam She-
hane, was the first president and one
of the founders of Victims of Crime
and Leniency. wake
Mrs. Shehane said Thomas’ exe-
cution is a relief, but not an end‘ to
the tragedy her family has suffered.
“It does not end, but I'll have'oné
less to worry about,” she said. “AMbY.
have to do is see that the other two
stay in jail.” ote.
One of Thomas’ accomplices was.
convicted of capital murder and sens
tenced to life without parole for
Miss Shehane’s murder. The other
accomplice was given a life sen-
tence. oe
Shortly before his death today,
Thomas blinked back tears and ina
clear, strong voice, read a two-page,
,
NEWS,
See Execution, Page 12A
|
BirmircHom, AC.
TotY 13,1990 Ch
Execution
ee
From Page 1A
handwritten statement to friends
and family members witnessing the
execution, which he called “racist
and vicious.”
Thomas’ brother, two nieces, a
friend and his minister, the Rev.
David Liner, witnessed the execu-
tion. Prison officials said it is rare
that family members watch the pro-
cedure and said most prisoners don’t
make a last statement.
Minutes after the execution, Liner
said, “This must be stopped.”
Thomas’ brother, Francis Thomas
Jr. of High Point, N.C., replied, “It’s
too late in the day.”
Outside the prison, Evangeline
Briley and two others held a candle-
light vigil. Ms. Briley, whose hus-
band was executed in Virginia in
1985, threw herself on the ground
and had to be removed by guards.
Thomas was served a last meal of
pepper steak, vegetables, peaches,
french fries, milk and coffee but
then chose to skip dinner to visit
with his family, who stayed with
him until about 10:30 p.m.
In his statement, Thomas said “‘it
is my wish that all of those who
know me let not my death cause
tears and sorrow, but might cause
inspiration and devotion to continu-
ing the fight ... Let my death serve
as an instigator that will awaken a
nation to fight and adopt the phi-
losphy of the late great Dr. Martin
Luther King Jr. who said, ‘Injustice
anywhere is a threat to justice
everywhere.’
. “Pve lived in the valley of the
Shadow of death for 12 years and
I’ve feared no evil. As my death
approaches me, I still fear no evil. I
shall die in and dwell in the house of
the Lord forever,” he wrote.
While on Death Row, Thomas
helped begin Project Hope, an anti-
death penalty group for inmates and
their families. The organization
seeks to educate the public about the
impact of capital punishment and
tries to bring condemned inmates
and their families together.
Several opponents of the death
penalty gathered outside the state
Supreme Court in Montgomery
Thursday to protest the execution.
“This is not an appropriate way to
deal with ... crime,” said Lucia
Penland, executive director of the
Alabama Prison Project. ‘“There’s
nothing to indicate we’re doing any-
thing more than exacting ven-
geance.”
Meanwhile, several hundred peo-
ple gathered at Highland Church of
Christ in Montgomery Thursday |
night to pay tribute to Miss Shehane.
Jefferson County District Attor- ,
ney David Barber and Montgomery |
District Attorney Jimmy Evans
were among those who spoke briefly
at the memorial service.
Thomas was first convicted in
1977 in the shooting death of Miss
Shehane, 21, of Clio. But the case
was ordered retried after Alabama’s
capital punishment law was over-
turned. He was convicted again in
1982.
Thomas, then 22, was president of
a fraternity at Daniel Payne College |
at the time of the killing. Prosecu-
tors said he shot Miss Shehane and,
that two others in the car were
accomplices. One of them, Eddie
Bernard Neal, was convicted of cap-
_ital murder and sentenced to life
without parole. The other, Jerry
Jones, was given a life sentence.
The trio abducted Miss Shehane
from the parking lot of a Graymont
Avénue convenience store about 6
p.m. Dec. 20, 1976. She had just left
a BSC fraternity house to buy a bot-
tle of salad dressing for a meal with
her fiance.
When she didn’t return, her fiance
went to look for her and contacted
police. After an intense search by
about 50 police officers, Miss She-
hane’s body was found on the road-
side about mid-morning the next day
after her car was found in Hooper
City. She was shot at least seven
times, with one fatal shot to the
chest.
Bryan Stevenson, an attorney
from the Alabama Resource Center
in Montgomery who represented ~
Thomas, filed an appeal claiming
that Alabama’s electric chair is out-
dated and operated by improperly
trained personnel.
Stevenson referred to last sum-
mer’s electrocution of murderer-
rapist Horace Franklin Dunkins Jr.,
who received two surges of electric-
ity over a 19-minute span.
The U.S. Supreme Court denied
the appeal at 3:25 p.m. Thursday.
Corrections Commissioner Morris
Thigpen said this morning’s execu-
tion “went very smoothly” and said
the chair functioned “quite well.” He .
said Alabama has ordered a new
chair, but he isn’t sure when it will
arrive.
ee eae
THOMAS, Eddie, black, elec, Ala, (Hale) 3-1-1935,
Poe re Pee eeve ew ewe ees Voces ees ees Gers SG “Veneer rc esr setesree Cre wees i a
E oof hemes eA
re Ta ae
se mirth olecef x
e - ty solar Om Cncicte Ghat af
forvelna prrviertly a aol HAN -
Ce ee a ee ee
THOMAS, Eddie, black, electrocuted SP (Hale Co.), March 1, 1935.
“The first man to be executed in Alabama since March 9, 1934, Eddie Thomas, Hale
County negro, died in the electric chair at Kilby Prison early today for the murder of Ray Johnson,
led into the death chamber a few minutes after midnight,
young white store clerk. The negro was
and after being strapped in the chair, was asked if he had a statement to make. He declined and
the first shock was administered. After an examination by prison physicians, the second shock
was applied and, a few minutes later, he was pronounced dead.
“The negro lost his chance to live yesterday when Governor Graves declined to commute
the death sentence. The Board of Parons previously had voted unanimously against clemency.
“Thomas was accused of shooting Johnson to death on the streets of Greensboro after the
clerk had chased a ‘snatch theif out of the store. About thirty persons, including Hale County
persons, officers and newsment witnessed the execution, the first in the new administration with
Warden Frank Boswell in charge.”-7he Greensboro Watchman, Greensboro, AL, 3/7/1935.
Ye
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Ses= * suntyels J intetoorketnbstliiath-cnbewlast
* & £® ee zz, Co oe ee, ot Ses
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| Thomas
“Continued from 1A’:
Thomas was. ‘sentenced to.
‘death for the Dec. 20, 1976,,.mur-
‘der of Quenette Shehane, 21, of
‘Clio, who had recently completed
her studies at nc ego
Southern College. hts
“Turning down a final. meal on
“Thursday, Thomas visited . with
” ‘friends and relatives in the pris-
- Son yard throughout the day, pris-
“a ‘on officials said. He gave his tele-
‘vision to a niece, Doris Perkins
of Hassell, N.C. “te
’ His other belongings went to
another death row inmate, Jessie
‘Lee Morrison, who was ‘sen-
‘tenced on April 7, 1978, to die for
‘a Barbour County murder. 2
* Thomas asked that five people
‘be allowed to witness his execu-
tion: his brother, Francis Thom-
as Jr., of High Point,’ N.C.; his
two. nieces, Ms. Perkins, and
- Brigett “Simmons of Atlanta; a
friend, Yvonne E. Voight of
Rosendale, Wis.; and a minister,
the Rev. David Liner of Pri-
chard. Thomas also named an al-
ternate witness, Joacpn Morton
of Baltimore, Md.
YER Eseat te
2-State law allows’ naidenined
prisoners to choose five of the 13
- witnesses who’ watch the execu-
tion from an adjoining room, cor-
- tections officials said. —
“ Thomas’ execution would mark
the eighth death row inmate exe-
cuted in Alabama since 1983
when o death pene was re-
instate
> The last J eferson County’ con-
Yict.put to death was Horace’
“Duncan, who was executed .in
July 1989. The state’s latest exe-
ution was Nov. 17 1989, when
Arthur James Julius. was.,.exe-
-cuted for a Montgomery murder.
“ The scheduled execution could
he the last. in Alabama’s 63-year,
old electric chair. Corrections
officials have signed a $53,000
contract for a chair expected to
be installed in about three
months. i
The mother of Thomas’ victim,
‘Miriam Shehane, is one of nine
founders ‘of Victims of Crimes
‘and Leniency, called VOCAL, a
support group for crime victims
and their. families. She is also a
victims’ assistance officer in the:
Montgomery County District
Attorney’s Office.
His case ‘went through a series
of hearings, trials, convictions,
appeals,. reversals, retrials, and
new appeals lasting 13% years.
Thomas was found guilty of the
murder in November 1977 and
sentenced ‘to death in March
1978. The conviction was re-
versed by the Alabama Court of
Criminal Appeals in 1981. His
case was retried i in May 1982 and
Thomas was given his second
death sentence in July 1982.
On May 21, the U.S. Supreme
Court refused to hear arguments
that Thomas. was wrongly sen-
tenced té death and that he was
denied a chance to prove he was
insane at the time of the slaying.
The state Attorney General’s
Office immediately sought an ex-
ecution date for Thomas after he
lost his appeal to the U.S. Su-
preme Court.
When the attack occurred,
Thomas, then 21, was a senior
and president of his Daniel
Payne College social fraternity
in Birmingham.
According to trial records,
Miss Shehane had driven to a
food store near the Birmingham-
Southern College campus to buy
salad dressing when she was
abducted by three men in the
parking lot,’ stripped of her
clothes, driven to a remote area
and fatally shot.
Thomas, accused of being the
triggerman, and two others were
convicted.
Edward Bernard Neal, 32, was
convicted of capital murder and
is serving a life without parole
sentence in Odenville’s St. Clair
Correctional Facility. Jerry Lee
Jones, 33, was given a life sen-
tence and is at Atmore’s Foun-
tain Correctional Center.
Protesters gathered on the
steps of the Alabama Supreme
Court Thursday to voice their
objections to the execution.
Keith Jennings, the Executive
Director of Amnesty Interna-
tional USA Southern. Region,
said the botched executions in
1983 and 1989 prove the Ala-
bama electric chair. is a form of
torture.
“A torturous process like this
is unconstitutional.” He said the .
state chair “is burning people to
death.” ~
At a. Thursday morning. news
conference in Montgomery, Pris-
on Lobby International. spokes-
person Evangeline Briley said,
“Tf Thomas is killed tonight, we
are going to have a group of peo-
ple descend on this town orga-
nized even better than the Mont-
gomery bus boycott.””
She..said the - suffering” “of
Thomas’ family during his im-
prisonment on death’ row. has
been neglected, while* Ms.. She-
hane’s.family has. “been put on
some type of sacred pedestal in
this town and this state.”
Southern Christian Leadership
Conference representative, the
Rev. Fred D. Taylor, said Thom-
as received an unfair trial and
was the victim of racial discrimi-
nation.
“The execution ey: Wallace
Norrell Thomas is a continuation
of i norm in the South,” ” phe
sai
The Associated Pres contrib-
uted to this report.
pa
_victed of killing a Clio
- optimistic and
vere rveeveuee aaa VALUE ER vas
tft
*
stay the execution.
By CARLA COGGINS
Advertiser Staff Writer’ -
Wallace Norrell Thomas, con-
woman
nearly 14 years ago, appeared
joking Thursday
as he awaited execution in the
-state’s electric chair, said correc-
tions officials. i
Thomas; 35, was scheduled to
die at 12:01 a.m: today at Holman
Prison, near Atmore. | ~
. After learning ‘the. U.S. Su-
“preme Court voted 7-2.to turn
down last-minute appeals from
Thomas’ attorney
_afteroon, , Gov... Guy, Hunt re-
“Teased a statement saying he
would not stay Thomas’ execu-
tion.
Peis
f
“ex Voting: to. grant. the:stay were
* Justices William J. Brennan and
Prd
“Thurgood Marshall,“who oppose »
ic
the death’ penalty: in all. circum-
eantesen ee
‘Thomas’ lawyer, Bryan Ste-
'venson, argued that execution in:
- the state’s-electric chair“is inhu- -
iba
> a
CAT
with the first ftip.of the. switch.
Mr. Stevenson also challenged
a judge’s instructions. to jurors
during Thomas’ second capital
Thursday —
aan yew eee oo”
Ciller optimistic —
as execution
— Gov. Hunt refused to
Quenette Shehane, 21, died 14
years ago
murder trial.
The 11th U.S. Circuit Court of
Appeals in Atlanta issued a one-
page “ order Wednesday saying
‘that Thomas’ last-minute chal-
ne, noting.two instances in _!
“which inmateswere. not killed’
lenge was without merit, clearing
the way for a Supreme Court
_appeal Thursday.
Gov. Hunt said Thursday that
Thomas’ lawyer had contacted
his office. Stacey Rimer, the gov-
Wallace Norrell Thomas was
scheduled to die at 12:01 a.m.
~
ernor’s assistant press secretary, \)
said a niece of the condemned in- VW
mate called Wednesday. ed
“We did explain they could \
come in and meet with the gover-
nor’s legal counsel,” she said. W)
None of Thomas’ relatives vis: oS
ited the governor’s office on his Ww
behalf Thursday. ©". ~
Please see THOMAS, 12A
Ps 1] An attorney.
ve representing Wallace
-#Norrell Thomasiges. os}
“Optimistic about the
ft chances of being:able to.
'? delay the electrocution
Staff and Wire Report
arDeath row}: inmate » ‘Wallace
Norrell. Thomas:turned to a fed-
eral appeals court Tuesday after
a judge refused to stop his Fri- -
day execution in Alabama’ s elec-
-tric chair.
U.S. District judge ‘Alex 2
Howard Jr. of Mobile;issued an
order Tuesday refusing a stay of
execution for Thomas, convicted,
in the 1976 kidnapping and gun-
shot death of Quenette Shehane,
21, shortly after she finished Bir-
mingham- Southern College.
“Bryan Stevenson, ‘an ‘attorney
representing Thomas, ‘35, said’
the 11th U.S. Circuit..Court of
Appeals was asked to halt Thom-.
as’ execution, set for 12:01 a.m,
Friday. .
Mri. Stevenson: adds ‘he. was
_ optimistic about his chances of '
being able to delay: ‘the-electro-
cution, but state ‘attorneys said;
they: expect it to be carried out .
» on schedule.
‘Miss Shehane, of Clio, disap-
peared on Dec.. 20, 1976, after
driving to a store near the Bir-
mingham-Southern , campus _ to
buy salad dressing. Prosecutors
said-she was abducted by three.
‘men,-stripped, driven-to an iso-
lated area and shot to death. Her
body was found in a ditch.
_’..Thomas was arrested the fol-.
lowing January after:,a conve-.
nience store robbery. Tests.
showed the gun used in the hold-
up was the same one.used to kill
Miss Shehane, and his palm print
was found on her™ car. Thomas
also gave ‘a friend’'a® television
_ stolen from Miss Shehane’s car.
Thomas was convicted of being
the trigger man ‘in ‘the ‘killing,
but two others also’‘were con-
‘Appeals court asked
to halt execution
Memorial.
Cea cee
- service set. mt
for victim -
_ Staff Report »
A memorial service for. a,
woman killed in 1976. te ‘
scheduled. Thursday .
Montgomery, about five
hours before the scheduled. -
execution of her murderer. .°
The memorial service for --
Quenette Shehane will be:
at. .7:30 p.m. ‘at. Highland -
-Church of Christ, 5600 ar is
riage Hills Drive,
Miss Shehane was’
_ abducted’ from a Birming-' |
ham convenience store by’
three men, taken to an iso-» ~
- lated area and shot. ade
Wallace Norrell Thomas en
has twice been convicted ‘as: '
the trigger man in’ the inci-
dent. ae
He is scheduled to be,
executed in the state’s elec-
tric chair at 12:01 a.m. Fri-, 4
day at Holman. Prison in we
Atmore.
Since Miss: Shehane! si
death, her mother, Mirian: |
Shehane, has become 4
active in victims’ rights: {}.
*
programs. aaa
victed of turder: and sentenced
to life imprisonment. eto Sit
Thomas was convicted in No
vember: 1977 and sentenced to
death in March 1978. His convic-
tion was overturned by the’ Ala>
bama Court of Criminal ‘Appeals.
in 1981. He was retried and cont
victed again in.:1982 and sen;
tenced to death a second time. *:
In the years since the killing
Miss Shehane’s mother, Miriam
Please see APPEAL, 2E
we
le
N
iN
Ss
I
R
."
‘x
iS
:
4
man B :
= - MONTGOMERY (AP) Sh - Wallace P
N
orrell Thomas, 35, his request for a
RS of execution rejected by an
-*appeals. court, appeared headed
“toward a 12:01 a.m.:Friday execu-
‘tion in the electric chair for the 1976
S-Sslaying of Birmingham-Southern |.
Ru: College student Quenette phehane. ora
FRE The 11th U.S. Circuit Court of
4
ifAppeals in Atlanta on Wednesday |
denied Thomas’ bid to delay the exe-
“"eution. A court spokesman said the
N} ruling cleared Thomas’ attorneys to.
\-=itake the appeal to the Supreme
“SeCourt, which refused to hear
=Thomas’ case in April. . aa
a
= Ves! e ae ie
, ya, Thomas’ lawyer, Bryan Stevenson,
: me argued that Alabama’s electric chair
‘is inhumane, based on two instances
3 ®& in which inmates: were not. killed |;
with the first flip of the switch. Ste -|:
3 Ss ‘yenson also challenged the judge’s |:
‘ft
‘instructions to jurors in RnOTRAS
At
; OS , capital murder trial.) os. ue
Gate tet alia Ps ee ll Kay aR . =
© Aaah SS el Sea
ge
L Muy UM Wud VILA BM Ae
ere AWS
Appeal >
- Continued from 1E
Shehane, has become a leader in
the victim’s rights movement in
Alabama. TA 3
Mr. Stevenson said Thomas’
execution should be halted be-
cause of what. he claimed were
improper instructions given to
jurors by the judge in Thomas’
second trial and repeated prob-
lems with Alabama’s electric
chair.
“Two out of the last seven exe-
cutions have been botched in
pretty severe ways,” Mr. Steven-
son said. The method of execu-
tion is “grossly offensive to a civ-.
ilized: society the: way they are
burning and mutilating people in
Alabama’s chair,” he said- .
* Mr. Stevenson referred to last
summer’s electrocution of mur-
derer-rapist Horace Franklin
Dunkins Jr., who ‘died after the
electric chair had to be turned.’
‘on twice before. Dunkins was.
pronounced dead. “Prison offi-:
ecials said they have since cor-,
rected a problem that led to a’
mistake in the initial execution
attempt. Ae ‘ j
One of eight founders. of Vic-
tims of Crime and Leniency, a
support group for victims and:
their families known as VOCAL,
.- Mrs. Shehane said Tuesday that.
~ she does not believe Alabama’s
electric chair isan inhumane:
method of execution for Thomas. ,
“It’s humane,” she ‘said. “It’s:
/ much more humane than what he.
4
_» death.”
did to Quenette. I. really don’t:
even care how they*put him to,
-
- Mrs. Shehane and her hus-|,
band, Edward, helped start the:
VOCAL program in November}:
“4982 with Darryl and. Marion:
ern
‘Thompson, J.D. and Jean Smith, ;
Nancy Conn and Montgomery
County District Attorney Jimmy}
Evans. Pee,
“From day one, my husband’
3 said (the execution), will never
come to pass and now it is finally |
in sight,” Mrs. Shehane said.
Meanwhile, a ‘death penalty
opponent announced plans for a:
14-day protest against Thomas’.
‘execution.
‘Evangeline Briley of Tillery,
" N.C., said she will begin a “read--
in” on the steps of the state Su-
preme Court at noon Wednesday.
Death. penalty’ opponents will
read the Bible and articles
against capital punishment about
36 hours, ending at the time of
Thomas’ execution, she said.
“Mrs. Briley, a founder of a new
group called Prison Lobby Inter-
national, said she was the only
yerson committed to participate
'n the demonstration, but she ex-
- pressed confidence in finding
others.
Mrs. Briley’s husband, James
' 3riley, was executed in Virginia
n 1985 for the murder of a preg-
eis woman and a. 5-year-old
shild. wil Shad i
Jsa1-8 “BY SuSE men ——!
1502 891 FEDERAL REPORTER, 2d SERIES
May 19, 1982, the jury returned a verdict
convicting Thomas of killing Quenette She-
hane during the course of a robbery, and
on May 20, 1982, the jury tendered a ver-
dict recommending a death sentence.
Thomas appealed, and the conviction and
sentence were affirmed by the Alabama
Court of Criminal Appeals, Thomas v.
State, 460 So.2d 207 (Ala.Crim.App.1983),
and the Alabama Supreme Court, Ex parte
Thomas, 460 So.2d 216 (Ala.1984). Thomas
was prevented from obtaining a writ of
certiorari from the United States Supreme
Court because of his failure to file timely a
_ petition.
Thomas next filed a petition for writ of
error coram nobis in Mobile County Circuit
Court. After an evidentiary hearing on
July 22, 1985, the petition for a writ of
error coram nobis was denied. Thomas
appealed the denial of his petition for writ
of error coram nobis, and the Court of
Criminal Appeals of Alabama affirmed the
decision of‘ the Mobile County Circuit
Court. Thomas v. State, 511 So.2d 248
(Ala.Crim.App.), cert. dented, 511 So.2d 248
(Ala.1987).
Having exhausted his state court reme-
dies, Thomas turned to the federal courts.
He filed a petition for a writ of habeas
corpus, an amended petition for a writ of
habeas corpus, and a second amended peti-
tion for a writ of habeas corpus in the
United States District Court for the South-
ern District of Alabama, all of which were
dismissed on December 29, 1988. Thomas
appeals to this court to overturn the dis-
trict court’s ruling.
II. DISCUSSION
A. The Trial Court’s Instruction to Contin-
ue Deliberations
[1] The record shows that at about 2:00
p.m. on May 19, 1982, after a short discus-
sion between the trial judge and counsel,
lawyers for the state.and for defendant
Thomas began their opening arguments re-
garding sentencing. At the conclusion of
defense counsel’s opening argument, there
being no evidence beyond what was
presented at. trial, the prosecutor argued
aggravating circumstances and counsel for
Thomas argued mitigating circumstances.
The trial judge then provided the jury with
sentencing instructions. After they were
charged, the jury began deliberations. The
deliberations lasted between one hour fifty
minutes and two hours, after which the
following colloquy occurred:
THE COURT: Ms. Cunningham, does
the jury have a report they would like
to make to me? Do not tell me how
you are split if there is a numerical
division in your number.
MS. CUNNINGHAM: Yes, it is.
THE COURT: Okay. We have spent the
better part of two days trying this
case. Witnesses have been brought in
and told everything there is to be told
about this case. The lawyers have
done a fine job in presenting both sides
of the case to you. Under the circum-
stances I’m going to recess you until
8:30 in the morning. Let’s make it
9:00 in the morning. I have a docket
to call. And let y’all come back in
fresh and try your deliberation again.
I feel two hours is too short a time
deliberation to call a hung jury.
Is there anything further for the
state?
MR. BARBER: No, Sir.
THE COURT: For the defendant?
MR. HULTQUIST: No, Sir.
(Folder No. 5, Vol. 4 at 602-03). The trial
judge then ordered the jury to remain se-
questered and discharged them for the eve-
ning.
The following morning, defendant’s
counsel argued that the jury should not be
allowed to continue deliberating because of
the Alabama Supreme Court's decision in
Beck v. State, 396 So.2d 645 (Ala.1980).
The trial judge denied defendant’s request
to prevent further deliberations and
charged the jury as follows:
THE COURT: Ladies and gentlemen of
the jury, I hope y’all had a pleasant
evening and are rested. When I told
you I wanted you to deliberate further,
I am not trying to force you to get a
verdict. There’s one thing I feel like
that y’all might not have understood
THOMAS v. JONES 1503
Cite as 891 F.2d 1500 (11th Cir. 1989)
from my previous charge to you and I
want to make this clear to you.
If the jury cannot agree on a unani-
mous sentence of death as the punish-
ment, the alternative form of, we, the
jury, find the punishment life imprison-
ment without parole would be what you
would return. Did y’all understand that
previously?
JUROR: No, sir.
THE COURT: So, you have two possible
forms you may return. One, is the
death verdict form I have given you.
If you cannot agree on that unani-
mously, then your verdict would be the
life imprisonment without parole.
Do you have any questions or anything
further I might be able to assist you in,
in your deliberations at this time?
(Indicating no.)
THE COURT: Thank You.
(Jury out for further deliberation.)
(Folder No. 5, Vol. 4 at 602-08).
Defendant argues that the trial court
violated his constitutional rights in that it
should have accepted the jury’s May 19th
statement that it had not yet reached a
decision as a recommendation that Thomas
be sentenced to life imprisonment without
parole pursuant to Beck v. State, 396 So.2d
645 (Ala.1980). Defendant further argues
that the trial court coerced the jury to
return a sentence of death when it instruct-
ed them to continue deliberations. We find
both contentions meritless.
After careful review of the record we
cannot conclude that the state trial judge
committed constitutional error in requiring
the jury to continue deliberations after
learning of their indecision at the close of
the afternoon session. Although there is
no specific statement in the record as to the
time when the judge called the jury out of
deliberations on May 19, 1982, we are of
the impression that it was late in the day.
The afternoon session began at approxi-
mately 2:00 p.m. and included opening
statements regarding sentencing, argu-
ments concerning aggravating and mitigat-
ing circumstances, sentencing instructions
to the jury, and approximately two hours
of jury deliberation. Thus, it appears that
the court was simply recessing for the eve-
ning when it called the jurors to determine
whether a verdict had been reached.
Nonetheless defendant argues that the
response from the jury that they had not
yet reached an unanimous verdict preclud-
ed the judge from imposing the death sen-
tence. Wedisagree. There is no indication
in the record that the jurors were complain-
ing to the court that they were “hopelessly
deadlocked.” Cf Ex parte Giles, No. 86-
416, slip op. at 5094, 5095, —- So.2d ——,
—— (Ala. Sept. 25, 1987) (per curiam) (Ala-
bama Supreme Court reversed death sen-
tence where judge mandated continued de-
liberations after jury stated it was hope-
lessly deadlocked). To the contrary, there
is no indication in the record that the jury
had terminated its deliberations when the
trial judge questioned Ms. Cunningham.
We hypothesize that the judge inquired as
to the jury’s position in order to determine
whether it would be necessary to reconvene
the following day. We do not believe that
Thomas’ right to due process was violated
by the trial judge’s actions.
[2] Moreover, we find that the state
trial judge was not coercive in mandating
further deliberations and reinstructing the
jury on May 20, 1982. We believe Lowen-
field v. Phelps, 484 U.S. 231, 108 S.Ct. 546,
98 L.Ed.2d 568 (1988), is germane. In Low-
enfield, the jury, after being charged, be-
gan deliberations. The evening drew to a
close and they reconvened the next day to
continue deliberations. During the after-
noon, the jury sent a note to the judge
stating that they were unable to reach a
decision at that time and requesting advice
from the court again as to their responsibil-
ities. The court responded by providing
each juror with a note asking if it would be
helpful to continue deliberations. Eight of
the twelve jurors thought further delibera-
tions would be helpful. When the court.
called the jurors into the courtroom to ad-
vise them of their responsibilities, the jury
again gave the court a note which stated
that some of the jurors misunderstood the
previous question. The judge asked wheth-
er further deliberations would help them
reach a verdict, and eleven responded af-
1504 891 FEDERAL REPORTER, 2d SERIES
firmatively. The court then instructed the
jury again, and in thirty minutes, the jury
returned a verdict sentencing defendant to
death. The Supreme Court held that the
trial judge did not impermissibly coerce the
jury to return a death sentence when it
polled the jury twice and reinstructed it to
continue deliberations.
Under the authority of Lowenfield, we
find the trial judge’s colloquy with the jury
in the present case to be even more uncoer-
cive. Unlike the trial judge in Lowen/field
who ordered continued deliberations after
the jury, of its own volition, informed the
court of its failure to reach a verdict, the
judge in the instant case interrupted the
jurors before they had ceased deliberating.
He did not order continued deliberations in
response to the jury’s claim of indecisive-
ness, but rather, he permitted the jury to
reconvene to resume discussions which
they had not yet completed. We find this
situation to be inherently less coercive than
the situation with which the Lowenfield
jurors were faced. Hence, if the Supreme
Court found no error in the actions of the
Lowenfield judge, then we certainly find
that the judge in this case committed no
error in allowing the jury to continue delib-
erations.
Further, the trial judge in the instant
case explicitly stated to the reconvened
jury that he was not trying to force them
to reach a verdict. Rather, he explained
that if they could not agree unanimously
on a sentence of death, they would be
required to return a verdict of life impris-
onment without parole. Nothing in what
the judge told the jury leads us to believe
that the jury was coerced into recommend-
ing a death sentence. To the contrary, we
believe the judge painstakingly attempted
to avoid influencing the jury to return a
verdict of death.
B. The Prosecutor’s Comments Regarding
Rape and Counsel’s Failure to Object
[3] Before Thomas’ trial, his counsel
submitted a motion in limine to preclude
introduction of any evidence showing that
Quenette Shehane had been raped, since
Thomas was not charged with rape. The
trial court denied defendant’s motion. At
trial, the state introduced evidence that on
the night Quenette Shehane was killed,
Thomas had stated that he was going out
to pick up girls.’ Further, the state intro-
duced evidence of semen stains found on
the upholstery of the victim’s car and pubic
hair found on the victim’s coat. Also, dur-
ing closing argument in both the guilt and
sentencing stages of trial, the prosecutor
suggested that Quenette Shehane had been
sexually abused before she was killed. Tri-
al counsel for Thomas did not object to the
state’s references to rape.
Defendant contends that his trial counsel
gave him ineffective assistance for failing
to object to the prosecutor’s introduction of
evidence that a rape had occurred and allu-
sion to rape in closing arguments. We
disagree. In a habeas corpus proceeding
our review of evidentiary rulings of the
trial court is limited. See, eg. High v.
Kemp, 819 F.2d 988, 996 (11th Cir.1987)
(contention that statement of other mur-
ders was an improper attenipt to use other
crimes as evidence of guilt was a question
of Georgia evidentiary rules and not a ba-
sis for relief in habeas corpus proceeding),
cert. denied, — U.S. ——, 109 S.Ct. 3264,
106 L.Ed.2d 609 (1989); Smith v. Wain-
wright, 741 F.2d 1248, 1258 (11th Cir.1984)
(admission of evidence of another murder
not unconstitutional, although its admissi-
bility is “close and difficult” question un-
der state law), cert. denied, 470 U.S. 1087,
105 S.Ct. 1858, 85 L.Ed.2d 150 (1985); Hall
v. Wainwright, 733 F.2d 766, 770 (11th
Cir.1984) (per curiam) (citing Burgett v.
Texas, 389 U.S. 109, 118-14, 88 S.Ct. 258,
260-61, 19 L.Ed.2d 319 (1967)) (federal
courts’ authority to review state evidentia-
ry rulings in.a habeas corpus action is
limited; not fundamentally unfair to admit
evidence of other murder), cert. denied,
471 U.S. 1107, 105 S.Ct. 2344, 85 L.Ed.2d
858 (1985). Consequently, we will accord
deference to the state trial judge’s order
denying Thomas’ motion to exclude the evi-
dence of sexual abuse, and to the trial
court’s holding in the coram nobis proceed-
ing that the pubic hair and semen stain
were admissible as part of the crime scene.
(Folder No. 4, Vol. 1 at 75-76); see also
Morrow v. State, 52 Ala.App. 145, 290
So.2d 209 (Ala.Crim.App.1973) (evidence
THOMAS v. JONES 1505
Cite as 891 F.2d 1500 (11th Cir. 1989)
which is part of res gestae admissible),
cert. denied, 292 Ala. 743, 290 So.2d 213
(Ala.), cert. denied, 419 U.S. 858, 95 S.Ct.
97, 42 L.Ed.2d 85 (1974); Lackey v. State,
41 Ala.App. 46, 128 So.2d 186 (Ala.Crim.
App.) (articles found at the scene of a crime
which show the manner in which it was
committed admissible), cert. denied, 271
Ala. 699, 123 So.2d 191 (Ala.1960). Fur-
thermore, after reviewing Alabama law, we
believe that the evidence and statements
regarding abuse of the victim were also
admissible to show Thomas’ motive and
intent to kill Quenette Shehane. See Gar-
ner v. State, 269 Ala. 531, 114 So.2d 385
(Ala.1959); Harris v. State, 489 So.2d 688
(Ala.Crim.App.), cert. denied, 489 So.2d 688
(Ala.1986); Akers v. State, 399 So.2d 929,
931 (Ala.Crim.App.1981); Thigpen v. State,
50 Ala.App. 176, 277 So.2d 922 (Ala.Crim.
App.1973). It follows that counsel for de-
fendant did not err in failing to object to
such admissable evidence. Consequently,
defendant was not denied effective assist-
ance, since counsel’s performance did not
fall below an objective standard of reason-
ableness when counsel did not object to the
evidence of sexual abuse-of Quenette She-
hane. See Strickland v. Washington, 466
U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674
(1984).
C. Failure to Appoint an Independent Psy-
chiatric Examiner
[4] Finally, defendant claims that the
district court erred when it failed to find a
constitutional violation in the state trial
court’s refusal to appoint an independent
psychiatrist to determine Thomas’ sanity at
the time he committed the offense. Defen-
dant emphasizes the fact that Dr. Herbert
Eber, in May, 1977, prior to Thomas’ first
trial, wrote a report which stated that de-
fendant was insane during the commission
of the offense and at the time of trial.
Defendant argues that the state trial judge
should have granted defendant’s motion
for an independent examination because of
the existence of Dr. Eber’s report diagnos-
ing Thomas as insane and incompetent.
1. We note that the record manifests that Dr.
Eber’s report lacks reliability. Unlike the other
reports which diagnose Thomas as competent,
Dr. Eber’s report was based not on a personal
Defendant relies on Ake v. Oklahoma,
470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 58
(1985), to support his argument that the
trial judge committed a constitutional viola-
tion by failing to appoint an independent
psychiatrist. We find defendant’s reliance
misplaced. In Ake, the defendant had been
so unstable prior to his trial that the trial
court sua sponte ordered him to be exam-
ined by a psychiatrist. The psychiatrist
recommended that Ake be sent to an insti-
tution to determine if he was competent to
stand trial. Psychiatrists at the institution
found Ake incompetent, but rehabilitated
him to the point of competency after six
weeks. In a pretrial conference, Ake’s at-
torney informed the court that Ake would
use the insanity defense, but the court de-
nied appointment of a psychiatrist. The
Supreme Court held that “when a defen-
dant demonstrates to the trial judge that
his sanity at the time of the offense is to be
a significant factor at trial, the State must,
at a minimum, assure the defendant access
to a competent psychiatrist who will con-
duct an appropriate examination and assist
in evaluation, preparation, and presentation
of the defense.” Jd. at 83, 105 S.Ct. at
1096.
This case differs significantly from Ake.
Whereas the court in Ake was fully ap-
prised of Ake’s mental instability from the
outset, the court in the instant case was
totally unaware of mental problems Thom-
as might have been encountering. No-
where does the record show that Dr. Eber’s
report!, which found Thomas incompetent
and insane, was presented to the trial
court. Further, counsel for Thomas never
complained about difficulties communicat-
ing or cooperating with Thomas. Addition-
ally, the trial court engaged in a discussion
with Thomas which indicated that Thomas
was indeed competent.? Finally, the trial
judge had two other reports before it, one
from a social worker stating that Dr.
Blankenship examined Thomas at the Jef-
ferson County jail and found him compe-
interview with Thomas, but rather information
which a layman gathered from Thomas.
2. Realizing the seriousness of having been
charged with a capital crime, Thomas argued to
1500 891 FEDERAL REPORTER, 2d SERIES
Safety legislation is to be liberally con-
strued to effectuate the congressional pur-
pose of improving health and safety in the
workplace. Whirlpool Corp. v. Marshall,
445 U.S. 1, 13, 100 S.Ct. 883, 891, 63
L.Ed.2d 154 (1980). Moreover, OSHA reg-
ulations provide that general standards
supplement specific ones by filling those
gaps remaining after the promulgation of
specific standards. Texas E. Prod. Pipe-
line Co. v. OSHRC, 827 F.2d 46, 49 (7th
Cir.1987); 29 C.F.R. § 1910.5(c). Neverthe-
less, it cannot be said that the Commis-
sion’s interpretation of § 1910.1029(g)(3) in
this case was unreasonable. The plain
wording of the. incorporated
§ 1910.134(e)(5) prescribes that atmospher-
ic testing is mandated in the “training” of
employees. The Commission therefore con-
cluded reasonably that CF & I was not
required to utilize ongoing atmospheric
testing to insure the proper fit of each
employee's respirator. While it is certainly
possible to reach an alternate interpreta-
tion of the ambiguous regulatory language
contained in 29 C.F.R. § 1910.1029, we de-
fer to the interpretation chosen by the
Commission. If the Secretary maintains
that a different result should prevail under
OSHA, she should amend or clarify these
regulations through the rulemaking pro-
cess.
AFFIRMED.
a
f° Wallace Norrell THOMAS,
Petitioner—-Appellant,
Vv.
Charlie JONES, Warden, and the Attor-
ney General of the State of Alabama,
Respondents—Appellees.
No. 89-7213.
United States Court of Appeals,
Eleventh Circuit.
Dec. 21, 1989.
= Defendant was convicted of intentional
killing during course of robbery, and was
sentenced to death by the Circuit Court,
Mobile County, Joseph M. Hocklander, J.
Defendant appealed. The Court of Crimi-
nal Appeals, 400 So.2d 485, reversed and
remanded. On remand, defendant was
again convicted in the Circuit Court, Mobile
County, Robert L. Byrd, Jr., J., and the
death sentence was again imposed. Defen-
dant appealed. The Court of Criminal Ap-
peals, 460 So.2d 207, affirmed. Defen-
dant’s petition for certiorari was granted
and the Supreme Court, 460 So.2d 216,
Embry, J., affirmed. Thereafter defendant
filed original and amended petitions for
writ of habeas corpus which were denied
by the United States District Court for the
Southern District of Alabama, No. 87-
00946, Alex T. Howard, Jr., Chief Judge.
Defendant appealed. The Court of Ap-
peals, Fay, Circuit Judge, held that: (1)
mandatory verdict of life imprisonment
without possibility of parole was not re-
quired following jury’s statement that they
had not reached agreement on sentence
following two hours of deliberation; (2)
trial court did not coerce jury into reaching
verdict; (3) defendant was not denied effec-
tive assistance of counsel when evidence of
uncharged crime of rape was introduced
without objection; and (4) trial court was
not required to appoint independent psychi-
atrist to determine sanity of defendant at
time he committed crime.
Affirmed.
Tjoflat, Chief Judge, filed concurring
opinion.
1. Constitutional Law ¢=270(1)
Criminal Law €865(1)
Capital murder defendant’s due pro-
cess rights. were not violated where judge
did not require jury to impose life sentence
without possibility of parole when sentenc-
ing decision had not been reached after two
hours of deliberation; there was no indica-
tion that jury had deadlocked on whether to
impose death penalty or life sentence. U.S.
C.A. Const.Amend. 14.
2. Constitutional Law ¢270(2)
Criminal Law @865(1, 2)
Trial court did not improperly coerce
jury to impose death sentence in capital
auatt
THOMAS v. JONES 1501
Cite as 891 F.2d 1500 (11th Cir. 1989)
murder case, and deprive defendant of his
due process rights, by asking jury to re-
sume deliberation on the following day af-
ter no result had been reached following
two hours of deliberation, and reinstructing
jury that it was required to return verdict
of life imprisonment without possibility of
parole in the event it could not unanimous-
ly agree on death penalty. U.S.C.A. Const.
Amend. 14.
3. Criminal Law ¢641.13(6)
Defendant in capital murder case was
not denied effective assistance of counsel
when no objection: was made to evidence
that victim had been raped, even though
defendant had not been charged with crime
of rape; evidence was admissible as part of
res gestae and also to show intent of defen-
dant in committing murder. USS.C.A.
Const.Amend. 6.
4. Constitutional Law <268.2(3)
Costs ¢-302.4
Trial court, did not violate defendant’s
due process rights by declining to appoint
an independent psychiatrist to determine
sanity of defendant in capital murder case;
defendant did not appear incompetent while
in court, reports by hospital and social
worker indicated he was competent, and
the only evidence of incompetence consist-
ed of report by doctor, made five years
previously, which was never called to trial
court’s attention. U.S.C.A. Const.Amend.
14.
David Skeen, Port Townsend, Wash., for
petitioner-appellant.
Ed Carnes, Asst. Atty. Gen., Montgom-
ery, Ala., for respondents-appellees.
Appeal from the United States District
Court for the Southern District of Ala-
bama.
Before TJOFLAT, Chief Judge, FAY
and VANCE’, Circuit Judges.
*This opinion was concurred in by Honorable
Robert S. Vance prior to his death on December
16, 1989, and was delivered to the clerk for
FAY, Circuit Judge:
Defendant Wallace Norrell Thomas ap-
peals the district court’s dismissal with
prejudice of his petition for a writ of habe-
as corpus. Defendant contends that the
district court erred in finding that defen-
dant’s constitutional rights were not violat-
ed at the sentencing hearing when the
state trial judge, knowing the jury had not
reached a final decision, sequestered the
jury for the evening with instructions to
continue deliberations in the morning. De-
fendant argues that the trial judge should
have accepted the jury’s lack of unanimity
and sentenced the defendant to life impris-
onment without parole rather than death.
Defendant further asserts that the district
court erred in finding that defendant was
not denied effective assistance of counsel.
Defendant argues that because he was not
charged with rape, his counsel should have
objected when the state introduced evi-
dence during trial and made remarks dur-
ing closing arguments that the victim had -
been sexually abused. Finally defendant
requests reversal of the district court’s rul-
ing that defendant was not denied due pro-
cess when the state trial judge declined to
order examinations to determine defen-
dant’s sanity at the time of the offense.
We find all of defendant’s contentions mer-
itless. Accordingly, we AFFIRM the dis-
trict court’s dismissal of defendant’s peti-
tion for writ of habeas corpus.
I. BACKGROUND
On November 8, 1977, defendant Thomas
was convicted of intentionally killing Quen-
ette Shehane during the course of a rob-
bery, and he was subsequently sentenced
to death. However, defendant’s conviction
was reversed and remanded for a new trial
on the authority of Beck v. Alabama, 447
U.S. 625, 100 S.Ct. 2882, 65 L.Ed.2d 392
(1980), and Beck v. State, 396 So.2d 645
(Ala.1980). Thomas v. State, 400 So.2d 435
(Ala.Crim.App.), cert. denied, 400 So.2d 435
(Ala.1981). In May, 1982, Thomas was re-
tried for murdering Quenette Shehane. On
filing before the close of business on December
15, 1989. .
7
aN
|
Inmate scheduled to die
rules out fin
By Garry Mitchell ts
Associated Press Writer
ATMORE — _ Condemned
inmate Steven Allen Thompson
waived any 11th-hour appeal, part-
ly to spare his victim’s family fur-
ther pain, as he awaited a trip to
Alabama’s electric chair early Fri-
day for a torturous rape and mur-
’ der in Huntsville in 1984.
Thompson, 34, was scheduled
to be executed at 12:01 am: CDT
for the killing of a friend’s fiancee,
Robin Balarzs, 25, who was bound,
gagged, raped, stabbed and
dragged behind a car by Thomp-
son. She was robbed of $1 and her
engagement ring.
The victim’s mother, Ruby
Balarzs, who now lives in Narrows,
Va., said she would witness the
ats oo
execution in the Holnian Prison
death chamber. She’ said she
would do so not “for vengeance or
anything like that” but to show
that someone cared about her
daughter.
Thompson had a stream of two
dozen final visitors over two days,
including two sisters and his par-
ents, Kenneth and Wilma Thomp- .
son. The inmate had a final meal of
pizza, fried potatoes and chocolate
cake, washed down with iced tea.
He gave his television, radio, ten-
nis shoes and clothing to five fel-
low inmates. Prison spokesman
Charlie Bodiford said Thompson
appeared calm.
Prosecutors and appeals courts
described the killing as extraordi-
narily chilling in its savagery.
Larry Morgan, who helped prose-
AP
Convicted killer Steven Allen
Thompson was scheduled to
die early this morning:
cute Thompson, said there was
“evidence of the most prolonged
infliction of agony on a human that
I have seen in 25 years.”
According to the court record,
Thompson stuffed a sock in the
bound woman’s mouth, used a
knife to cut off her jeans, bra and
panties, shaved her head, beat her
and raped her. He then stabbed
her, tied her to the car and
dragged her through mud.
mera TN SERS
| Friday, May 8, 1998—
ALABAMA:
A man who raped and killed a friend's fiancee in 1984 and then took her
engagement ring was executed early Thursday in Alabama's electric chair.
Steven Allen Thompson, 34, waived any last-minute appeal, saying he
wanted to spare further pain to his family and his victim's family.
Thompson was convicted of killing Robin Balarzs, 25, in Huntsville on May
12, 1984. She was bound, gagged, beaten, raped, stabbed and then dragged
3,000 feet behind a car by Thompson, who was absent without leave from
the Navy at the time. She was robbed of $1 and her engagement ring.
Prosecutors described the killing as extraordinarily chilling in its
savagery and prolonged infliction of agony.
When she was slain, Balarzs had a 3-year-old son and was engaged to marry
a longtime friend of Thompson's. Her parents and son were out of town
when Thompson went into the home.
Defense attomeys argued that Thompson was mentally disturbed. Thompson
blamed his acts on a drug problem that began in his youth.
The victim's mother, Ruby Balarzs, who is taking care of her grandson,
said before the execution at Holman Prison that she would witness it not
for vengeance but to show that someone cared about her daughter.
"It's something you live with. It's there all the time," she said. “At
least now, it will be over.”
Thompson becomes the 1st condemned inmate to be executed this year in
Alabama and the 17th overall since the state resumed executions in 1983.
Thompson becomes the 27th condemned inmate to be executed this year in
the USA, and the 459th overall since America resumed executions on Jan.
17, 1977.
(sources: Associated Press & Rick Halperin)
>>
Wednesday May 8, 1996 America Online: Galba33 Page: 1
EAGLE, pela fe
Before exécution, co
Kiemnned =
inmate says he’s ‘deeply sorry’
By Garry Mitchell -
Associated Press Writer
ATMORE — A. 69-year-old
woman who entered Alabama’s
death chamber as a witness to the
execution of her daughter’s killer
said afterwards the ordeal helped
her ease years of grief.
“T wanted him to see the pain that.
he had caused,” said Ruby Balarzs.
“He did look me directly in the eye to
say he’s sorry, and. it was worth
that.”
. Steven Allen Thompson, 34, died
in Alabama’s electric chair early F'ri-
day for the 1984 rape, torture and
murder of Robin Balarzs, 25.
“Lm deeply sorry,” Thomspon
said, while he was strapped in the
chair and looking at the victim’s
mother through the death chamber
window.
Mrs. Balarzs heard Thompson’s
apology, but she turned her back on
him when the 2,000 volts of electrici-
ty were turned on.
“It’s not up to me to forgive him.
He has to find that for himself.
Maybe he did,” she said at a news
conference after it was over.
Mrs. Balarzs had arrived at the
south Alabama prison from her
home in Narrows, Va.
Robin Balarzs, a single mother,
left a son, 3-year-old Cody, when she
was slain. Now 17 and adopted by his
grandparents, he only recently was
given the details of how his mother
died. She had been engaged to.
marry a friend of Thompson’s when
he attacked her.
“It’s. been hard for me to take,”
Cody said. “I wish she. could be here
right now, but the guy that killed her
got what he deserved.”
Thompson, accused of violent
acts. as a youth, was absent without |
leave from the Navy when he went _
ements
into the Balarzs home in Huntsville.
on May 12, 1984, while the victim’s
parents and Cody were out of town.
According to the court record,
Thompson stuffed a sock in the
bound woman’s mouth, used a knife
to cut off her jeans, bra and panties,
shaved her head, beat her, then took
her to secluded Green Mountain,
where the rape occurred. He then
stabbed her, tied her to the car and
dragged her through mud, over
rocks and pavement.
During the ordeal, she was
robbed of $1 and her engagement
ring.
Thompson, more _ recently
described by prison officials as a
born-again Christian, won a court
order to keep his body from being
autopsied after the execution. His —
family cited religious and moral. -
grounds. A cremation of his body
was. planned: a prison Sponesmiay
said.
1506 891 FEDERAL REPORTER, 2d SERIES
tent, and another from Searcy Hospital
averring that examinations revealed defen-
dant’s competence. The trial judge simply
had nothing before him that indicated
Thomas could be insane. Consequently, as
we are to evaluate the.actions of the trial
judge based on the evidence. presented to
him, we conclude that defendant failed to
demonstrate a substantial basis for the in-
sanity defense. See e.g. Messer v. Kemp,
831 F.2d 946 (11th Cir.1987) (en banc) (de-
fendant receives fair trial if information
before trial judge does not demonstrate a
substantial basis for the insanity defense),
cert. denied, —- U.S. ——, 108 S.Ct. 1586,
99 L.Ed.2d 902 (1988). Consequently, we
cannot conclude that the state trial judge
violated Thomas’ constitutional rights by
denying his motion to appoint an indepen-
dent psychiatric examiner.
Ill. CONCLUSION
Based on the foregoing, we do not be-
lieve that the district court erred in deny-
ing defendant’s claims for relief. In partic-
ular, we find that the state trial judge did
not violate Thomas’ constitutional rights
when he requested further deliberations af-
ter recessing for the evening. Nor do we
find that Thomas received ineffective as-
sistance because his counsel failed to object
to references to abuses of the victim’s body
before the murder. Finally we reject de-
fendant’s claim that he was denied due
process when the state trial court refused
to appoint an independent psychiatric ex-
aminer. Accordingly, we AFFIRM the dis-
trict court’s decision.
TJOFLAT, Chief Judge, concurring:
I concur in the opinion of the court. I
write separately because I would take a
different approach to petitioner’s ineffec-
tive assistance of counsel claim.
the court that he needed more than one suit
during his trial. He was concerned that wear-
ing only one suit during the entire trial would
negatively impress the jurors. Clearly, a con-
versation such as this indicates that Thomas was
aware of and understood the proceedings
against him.
1. In his habeas petition to the district court,
Thomas claimed also that the trial court's ad-
mission of evidence of a sexual attack and the
prosecutor's references to sexual abuse during
Petitioner Thomas was charged with rob-
bing and murdering, but not with raping,
Quenette Shehane. Prior to trial, Thomas’
trial counsel moved in limine to exclude any
evidence tending to show that Shehane had
been raped. The trial court denied the
motion. At trial, the State introduced evi-
dence tending to show that Shehane had
been raped, and, in closing argument, the
prosecutor suggested that Shehane had
been sexually abused before she was killed.
In his federal habeas petition, Thomas
claimed that his trial counsel rendered inef-
fective assistance, in violation of Thomas’
sixth and fourteenth amendment rights to
counsel, by failing to object on either occa-
sion.
The opinion of the court approaches
Thomas’ ineffective assistance of counsel
claim obliquely, detouring .unnecessarily
through federal habeas cases in which fed-
eral courts have deferred to state trial
court -evidentiary rulings, provided those
rulings did not deprive the petitioner of due
process.! It eventually concludes that evi-
dence of rape was admissible even over
objection and that Thomas’ counsel did not,
therefore, perform defectively by failing to
object. I would approach the ineffective
assistance of counsel claim more directly.
When analyzing an ineffective assistance
of counsel claim, we begin with the familiar
two-part Strickland inquiry, see Strick-
land v. Washington, 466 U.S. 668, 687, 104
S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984):
was counsel’s performance deficient, and,
if so, did the deficient performance preju-
dice the defendant? The standard for mea-
suring deficient performance is an objec-
tive one: “reasonableness under prevailing
professional norms.” Jd. at 688, 104 S.Ct.
at 2065. Furthermore, a reviewing court’s
scrutiny of counsel’s performance should
be highly deferential. Jd. at 689-90, 104
closing argument denied him the due process of
law. The district court held that these claims
were procedurally defaulted, and, on appeal,
Thomas does not challenge that holding.
Thomas’ ineffective assistance of counsel claim
is based on the sixth amendment right to coun-
sel, made applicable to the states through the
due process clause of the fourteenth amend-
ment. See Gideon v. Wainwright, 372 U.S. 335,
83 S.Ct. 792, 9 L.Ed.2d 799 (1963).
VANN y. CITICORP SAV. OF ILLINOIS 1507
Cite as 891 F.2d 1507 (11th Cir. 1990)
S.Ct. at 2065-66 (there is “strong presump-
tion that counsel’s conduct falls within the
wide range of reasonable’ professional as-
sistance”; defendant must overcome pre-
sumption that challenged action “ ‘might be
considered sound trial strategy’ ”).
Thomas’ trial counsel attempted, in his
unsuccessful pretrial motion, to prevent the
State from bringing potentially prejudicial
evidence of rape to the jury’s attention.
By the time of trial, however, he had
adopted a different strategy, as he ex-
plained at the coram nobis hearing in the
state court. He based petitioner’s defense
at trial on the theory that petitioner was
not present when Shehane was killed.
Counsel regarded the State’s evidence of a
dried semen stain found on the front seat
of Shehane’s car as relevant and almost
certainly admissible to show the circum-
stances of the crime.? He feared that ob-
jecting to the state’s introduction of the
semen stain into evidence would only draw
attention to the matter and would suggest
that the defense “had something to hide.”
Therefore, rather than objecting to its in-
troduction, he chose to discredit the evi-
dence by establishing, on cross-examination
of the State’s forensic expert, that no tests
had been performed that indicated any con-
nection between the stain and petitioner or
even that the stain was fresh at the time of
the crime.
For similar reasons, counsel did not ob-
ject to the prosecutor’s allusions to sexual
abuse during closing argument. Counsel
believed that the allegedly unwarranted
comments were no more than permissible
inferences from the evidence that had been
properly introduced. Still basing his de-
fense on the theory that petitioner was
elsewhere at the time of the crime, counsel
decided not to risk creating the appearance
that petitioner had anything to fear from
the suggestion that Shehane had been sex-
ually abused before she was killed.
This is surely the kind of tactical decision
that Strickland cautions us not to second-
guess. This court itself has stated that
2. The opinion of this court, showing that evi-
dence of sexual abuse at the time of the killing
was admissible under Alabama law, ante at
1505, confirms the reasonableness of counsel's
assessment. The state trial court’s denial of the
“TtJhe sixth amendment right to effective
assistance of counsel does not require
counsel to raise every objection without
regard to its merits.” Palmes v. Wain-
wright, 125 F.2d 1511, 1523 (11th Cir.),
cert. denied, 469 U.S. 878, 105 S.Ct. 227, 83
L.Ed.2d 156 (1984). Counsel had a reason-
able expectation that the evidence tending
to show rape would have been admitted
even over his objection; he made a reason-
able decision to minimize the impact of the
evidence and to discredit it by showing, on
cross-examination, that the State had estab-
lished no connection between the evidence
and his client.
Accordingly, I agree with the court that
counsel’s performance, in failing to object
either to the introduction of evidence tend-
ing to show rape or to the prosecutor’s
suggestion that the victim had been sexual-
ly abused, did not fall below an objective
standard of reasonableness.
Edwin L. VANN, Plaintiff-Counterclaim
Defendant-Appellant,
v.
CITICORP SAVINGS OF ILLINOIS, as
successor to. Glen Ellyn Savings and
Loan Association, Defendant-Counter-
claim Plaintiff-Appellee,
John F. Rosch, Defendant-Appellee,
McRea, Inc., et al., Defendants.
Richard Ingman,
Counterclaim-Defendant.
No. 88-3981.
United States Court of Appeals,
Eleventh Circuit.
Jan. 16, 1990.
Debtor brought action against lender’s
assignee, alleging various state and federal
motion in limine gave counsel additional reason
to believe that an objection at trial to the intro-
duction of the evidence would not meet with
success.
"grew from the sheriff of Corsicana, stating
a «6ShOt be hed a man im charge by the name of
i
ips, wanted in thls cowetr to anewer a
4 Wharge of eduction Mr Baylor started the
eorel « efter hie man
Arrived eth Ht Prieener
Oren. vo Tee Neve!
Datra®, August ® — Deputy Ualted Beater
Marshall Gerren arrived late last might with
She wegro Alea. Calvin, charged with killing
Themen, foreman of Welford ranch
Greer coonty, last Monday
emins Arrested
Wipers, to Tee News.)
» Dateos, Augest @—Two gamine were ar
' tate’ to day for Gistriveting the cards of ao
physician containing « tiet of private disease:
_ Which gentlemen ob to being pat iad» the
Bands of their tami
Reughty Pemetes Fined.
recat to Tes News)
Ban Avrorn, Awgust 2 —Last night two
Women of the dem! monde genus indulged in a
\ Bedsterons qoarre) on the street, very ahooking
te tere polite, and were fined by the recorder
this morning
For Theft of « Mule
(Oremat To Twa News.)
Bexewan, Avgust & —Marquie Bright,
) Gelered, was arrested today for theft of « |
‘tule in Barrison county, and ts held here to
» miwait the arrival of offeers from that county
i:
Harieell Jatied
By : (Rrectas To Tes News.)
Serruas, Avcgust ) —George Hartwell,
) @ho cut Pat O’Herren, at Van Alstyne, tust
to await the result of the wounds
“ jehed wes brought up thi: morning aad
SERIOUS CUTTING arFRaY
uy
@. W. Bartwell Sleches Pat OMerren ot Yeu
Alstyec.
4 (@ractat to Tas Newe,)
>> Vaz Atarrss, August 6 —G, W, Hartwell
evening, about *
of
’
, which was
A chemical anely sis bas
*7 8 professor of the State
fou a little over three and one
of arsenic in the ).ver, beart and &-
- 9
| the Bante Fe com
ARCA lig se Sp ila i ir "
and pnengineer was sent to Belton for the
sheriff, «he open arrivel here, ant Sating
| everytiive or erly ent Geiet, was taben back
of the engine by membersef (he Labor league
{ All dey lone the etribere bare conte ctet
| t(hemerlved ie (he oeeet pleaeeet manner sod
seem Sued end determined to win te the
fght The strikers are tmg ali raliroat
property. day end ntste ond wil do mm
injery to property
amore are sGoet that the Henw Fe com
pany will get some officere bere from a dle
tapee apd move the freight treine If
this je attempted @ diMficalty ls very protabie
A com mos hes bees received by the
olty cowectl of Tempte fron dhe offictaie of tne
Bante Fe Railway company, informing them
that the railway woult hold the city reepoe
tible for all damage done to by the
striters, The cfty council aay ter o rw
ticipate emy demage to pert
anthers tok taee tvwsted the olay marta
(0 ase every (fort to protect the property of
q y
Lotted Riatee Deputy Marehale Hall aod
Tb, «f Weeo, are tn the city to protect the
| foe’ he
Four freight. conductors bave been die
| charged Om the Gente Pe road to-day for fall
ing. 10 le sald, to make up freight trains,
A public meeting of tee Knights »f Labor is
called for to morrow morning at 9 o’niook
alll
SOUTH AMERI‘ A.
Progress of tne Cacertet Revstation.
(By Meticas (able Direct to Galveston.)
Lima, Atgest —1t te tated thet the atun
\tlem (p Arequipa i# becoming ally more
gloomy. Of the Caocerist garrison tro bat
talons bave revolted and @ippereed, ably 150
men remaining io the city. Many outrages by
( acertet troops are recorded
lt le stated that General Caceres fs collecting
mules with the object of bringing supplies and
ammunition from Tarme, sed every
eatate owner to provide fire for the
purpose.
Acrounts of the of prisowers by Ca
ceree coplipee to arrive, one case atro
eity being ¢ xtended to the wife and of
the «Meer
The de
—
VELLOW JACK 18 MEK OO.
Great Mertality ead Fiieh © Mexican Cities.
. Paso Det. Nonrz, Mex., Angust 8.—Re
porta reached here to day which seem to con.
firm previous romors that yellow ferer is
reging on the Pacific coast of Mexico, and bas
othe 0 “erring? apyrarst oom |
er WS
the eeteteet Bor roy Gan vomsivet | oo
with @tht atharee of nth ethers the emmeren i
te be te pew feet ph peters = th ie oe
ettived the rame «¢ © rom, enmepe het 86 >
fect clare d Beth's See eecite tet Hy & meres
aon
(apetterebie time eee epent le shoceteg 6
referce Comterseces beteren Manere am |
eed ( Prien, MeOeffrey's ecomts, oot Grote
of Aellivan were held Wea. Tete of sat,
wes called, bat be dectiaet ae
reconsidered and accepted, end at oe
men shook bemds ead the fret reand Segee
emtd elm cat heeathiape ft) pew
McCaffrey made the Sret iced, tat Sali reo
stopped him easly MctCe@rep Gochet *
a voted & beavy biow, as be roe be Breck wire
iy ot Gellivas, sed wee preset ty the foom
where be fell to bie kee. rising they offec ht.
Reiivan meneging to give Mc affrey 5 gw
how ee they Gt wm Tele was repeated aa)
the roand saded
Hecond Roand—There wae bot « minete+
treathing sp)! Balitvan opened the ight thse
tee by fa biow which MeOnifrey arifalls
eveded. Mo@effirey then amde « Serce driv
at Bul lfivee en dotged gracefelly. tas
McCaffrey gave bim « resending tp oa the
back «{ the peck ts be recovered. whict arted
a thorve of cheers = Ancther of the exape © ont
et McCaffrey's admirers wilt, « clined fot
jowed. fo'livan aacther bio w o9 Me
Cefrey. He Hcg er McCaffrey % the
ropes where derger sermed imminent, but Mo-
Caffrey dipped dway, and the mem weet to
Third Keund—Thir wee the worst for Bo
Cafftey. He struck cat fer BePivan, bet to
bo eed io the quick work mat fol
j Caffrey down Bellfivas teen
Se? Caffrey, amd the istaer toon
of
‘op the eoway. bet fasily
pe ag ao — al Sole Eeleren oamly ¢/ ete!
Qviek est Sullivan closed on MeCaf rey
end prewed bim down Growing apparently
virions, be Grove MoOsffirey toward bis own
co per and pushed bim dows acres the ropes,
Bere ome coe calied ime and many thougs!
the round had ciceed, but the referee told the
men to goon ead they cid, Selliven driving
MecOeffrey over & bis corner, whrre tbe lather
fell, etther by Bellivan’s biow of tripping
oeeinet ao chelr, and stepped almost of the
platform. MeCeffrey wes more caution: and
cloeed with Sallivan, ‘ach Gelivering short
teage biews of go force, After Moai rey
wes pressed Gowns a second time the time «x
with « blow oo MeCeffrey’s jew
it McCefrys powers were &
a
BE
$
i
os
i
that it was given
the platform with no demo
honor, but MeCaffrey's { rieads
notwithstending tbe referee's
, aad they lifted him to their
him, amid the cheers of
’ carriage. The decision
lar, owing to the doutéful
termes. it was general
van was to knock MoO
or ioe, in order te wie
himowelf tated afver the ma
he thoughtso He even war «
, bet that wae lo
Niven bed beft the al
aeked if there wae on)
ie
;
i
;
i
f
E
-
5.
“i
=f
iF
et
a?
GBS GIS. SS GBS GBS. REX GIES GS PRS GRE IS GIES PIES PIE GIR PAS PS PRP IRR,
« : :
: 4 E
© CERTIFICATE OF FAILURE TO FIND RECORD ~
@ STATE OF ALABAMA ») :
« DEPARTMENT OF PUBLIC HEALTH ®) —
S) a
% CENTER FOR HEALTH STATISTICS—OFFICE OF VITAL RECORDS > mo
“ az eo |
(4 October 3, 1991 2 |
(os This certificate verifies that a diligent search of the records in my custody F ane
\ has been made covering the period 1908 to. -1922
Ted = |
@ “No record was found to exist of the death of William Townsend on dy) B
@ December 19, 1911 in Alabama. . iy) a
2 ») | ts
€ :
(s 5
@
(% tr
Y
> m7 Wc GREY,
<\
23)
D wh P
{Kf by
/ Dorothy S. Harshbarger .
State Registrar & Director
FF-7207 02 F-10-3-91 jf
bard ¥
an
ry
ADPH-F-HS-26/Rev. 11-89
” RB IMR S LIBS RRB EG ROG LAB GB REE GE EG. LG. SBR LG. OEP RO SEP EP ;
GES:
eae 4 oH
Tadtr ty ef JE Sone VK bape i ar gio Pl |
fERAVIS AND UND OD, possibly hanged at Marion, Alae, in 1911.
TRAVIS, ,anged May 31, isi?.
"Selma, Nove 3, 1911-Travis and Underwood, two of the most desperate negro murderers |
ever confined in the Perry County Jail at Marion, have been brought to Selma and
placed in the Dallas county jail for safekeeping until the arrival of the day upon |
which they have been sentenced to give their lives in forfeiture of their crimes, |
Travis is considered the most desperate of the two negro murderers, He has been
sentenced to death for the killing of Flagman Foxhall, a resident of this city.
About the middle of last summer, Foxhall, a flagman on the Southern Railway train
from Selma to Meridian, left Selma on his train Sunday afternoon, When the train
reached Taylor's a few miles this side of Uniontown, a crowd of drunken negroes
boarded it. A shooting scrape following in which Foxhall was killed, Travis, with
several other of the negroes of the party, were arrested and chakged with murder,
Since his arrest he has shown himself to be of a desperate character. A fewweeks
ago the circuit court of Perry County convened, the grand jury returned an indict-
ment of murder against Travis, At the end of his trial it has been asserted that Travis
used profane language to Judge Miller of the court as he pronounced sentence, and as the
UNUVUNURUONRDRR PERM ORRUOD officials of the court were taking him back to jail a fight
BRBRR ensued and he swore he would newer be hung. This was followed last Thursday
(10-26-1911) by the sensational escape from the jail at Marion, Travis and Underwood
were recaptured without any great effort upon the part of the officers of Perry county.
All but one of the seven murderers have been recaptured, but of them all Travis and
Underwood are the only two under sentenceof death, The execution of Travis and
Underw od will take place at Marion within the next few weeks," B'HAM NEW,
11=3-1911.
slave TOM
2
1-18-1855
See mobile Evening NEWS, 11-01;6185)j\and 1-18-1855 for
notices concerning "a slave hanged 'for assault withthe |
intent to kill a white man,' and the death penalty for
Tom who axed his master during a fight,
SRAVERY IN THE CITIES, The South, 1820-1860 by Richard
C. Wade, Oxford University Press Copyright 196h,
1977 ‘reprint, Pagelol,
cea o— has? fay Se J
TUBBS, Grady, black, 21, elec. Ala. (Hale) tale
Eee UF We IO Re ONE ENE OU Be UE PE UU
Ver nr2ar 5. Ba Hitt» raat 0 area wae Ome.
| Greens hore - a ‘WD, cae pman. b- ts ot
onset vee: 2 ea . he
sdgiteeanoe
spat ae Rene
£ as
‘h or si Lc temarnipcoateraitns asaceereowrscenesnticnieBicitieaeicaiensinetve es chides = esate
2
Case
TUBBS, Grady, black, electrocuted SP (Hale Co.), June 9, 1939.
“Slayer Indicted.
“Birmingham, Ala., Dec. 21.-Grady Tubbs, alias Pitts, 21-year-old Hale County negro,
was indicted yesterday on three charges punishable by death in connection with the slaying Dec.
4 of Mrs. Gola Zulla Lyles and Horace J. Nash.
“Sheriff Calvin Hollis of Hale County said the grand jury had indicted Tubbs on two
murder charges and another accusing him of raping the 29-year-old white woman.”-Clarion-
Ledger, Jackson, MS, 12/22/1938 (7/3).
ok 2 3 3k 9 2k 2K 2 2 2K 2K 2 2k 2 ak 2k 2 2K 2k 2k 2k 2k 2k 2k 2K 2 2 2k 2 2 2 2k 2k 2 2 2K ke 2 2 2 2K 2 2 2K 2K Ko 2 2 OK 2 KR 2K OK 2K OK kK 2 2 2K 2 2k 2 2k 2 2 OK OK OK 2K
“Grady Tubbs, a young Hale County negro, died in the electric chair at Kilby Prison.
“Grady Tubbs was a vicious and dangerous character with a long string of criminal acts
behind him. To cap his career, he killed a man and a woman in one of the most brutal murders
that West Alabama has ever seen. He was guilty of crimes against white women which the people
of this state have not tolerated in the past, nor will they in the future.
“Grady Tubbs was given a fair and impartial trial, and he was executed only after having
every recourse of the law. Yet justice moved surely and swiftly in removing him from society.
It did not move too swiftly, but swiftly enough to satisfy the most exacting people.”-Watchman,
Greensboro, AL, 6/15/1939; /88 Southern 394.
TUCKER, tan, possibty- hinged, Chambers Co., Alae H- y és yg 4 iy b- a —/ 1/5
j -” s : ;
fee
1s inaeieniibe eee: wy j ; ta |
STATE OF ALABAMA—JUDICIAL DEPARTMENT
THE SUPREME COURT OF ALABAMA
eb Div., No Pe 0 /
| xed wZse chen i Appellant......, .
v.
ae , Appellee......,
Re nd | ie From OOS eg &. LAC a Court.
The State of ‘Alabama,
City and County of Montgomery.
I, Robert F. Ligon, Clerk of the Supreme Court of Alabama, do hereby certify that the
foregoing pages numbered from one to.........ncc— inclusive, contain a full, true, and correct
copy of the -
TN AA Adm Qe 2p LFLZ die,
said Supreme Court in the above stated cause, as the same appears and remains of record and on
file in this office. *
Witness, Robert F. Ligon, Clerk of the Supreme
OR ap
Clerk of the Supreme Court of“Alabama.
Sion tebeer
vs.
The State of Alabama
5 Div. 701
coral" Appeal from :Chanbers Circuit;Court. 9 «5 4 ;- ~-
Come the parties by attorneys, and it appearing from the records
of this Oeust. that the judgment of the Circuit Vourt of Chambers
County, Ala., in this-cause, was in ali things affirmed by this
Court, on May 9th, 1918, and friday June 14th, 1918, was fixed
by the Court as the day for the execution of the prisoner, Lon
Tucker; and an application for rehearing having been filed in
said cause in this Court cn May 22nd, 1918, and the certificate of
affirmance in this cause having been recalled by this Court on
May 22nd, 1918; pending the consideration of the application for
renearing; and the said anplication for renearing being euly
examined and understood by the Court, it is considered aaa ordered
that said apolication for rehearing be and . is now overruled,
And it appearing that the time fixed by the judgment and sentence
of the Circuit Court for the execution of the said prisoner has
expired Pere this appeal, and that the time fixed by the judgment
and sentence of this Court on May 9th, 1918, for the execution of
the said prisoner, has expired pending the consideration of the ap-
plication for rehearing; Now, cise, the said application for
rehearing being now overruled, it is ordered tnat the Sheriff of
Chambers County execute the judgment and sentence of the law on
#riday, August 2nd, 1918, by hanging the said Lon Tucker by the
neck until he is dead, and in so doing he will follow the rules
prescribed by the statutes. cet Fay I ibaiet, this the ili)
It is also considered that the Appellant pay the costs of
appeal of this Court and of the Circuit Court.
Song opera iy tbs ee
x
2
Appellant,
Te Tee ane
N
sate SE alent MEO
Ap pelle.
BROWN pamnhy CO. MONTGOMERY. 19924
Certified Copy of i — 3 . _
Serdar ee
>
eee oy nm am
mm ite ie [ kh ca aa P i & Pee ry
AUANEM, vaCK, black » NaNngea COnoctaw County » 4 labame 9
i J abamea
Wee. -/52/ SIL
HONOR AND VIOLENCE
IN THE OLD SOUTH
BERTRAM WYATT-BROWN
New York - Oxford
OXFORD UNIVERSITY PRESS
1986
THE STATE OF ALABAMA—JUDICIAL DEPARTMENT
THE SUPREME COURT OF ALABAMA
Nevember Term, 191.
1918, order that the said certificate be recalled.
And you will accordingly return the same to this office at once, together with copy of the opinion
in said cause issued to you.
Witness, Robert F. Ligon, Clerk of the Su-
preme Court of Alabama, at the Capitol, this
eri d..
ra Lie ¥ Ailiacd
The Supreme Court of Alabama
Cex, Term, 191
4
A ppellee____,°}
Certificate of Recall.
On Application for Rehearing. '
THE STATE OF ALABAMA, }
dont ticede ee an a ge | County.
Filed this____day of
TURNER, Jack, black, hanged Butler, Alabama, f- /S- 1882, (Quasi-legal?)
MO2S
THE CHOCTAW CONSPIRACY
TAKEN FROM THE CHILTON VIEW —- AUG 31, i882
ee |
EXACT COPIES OF THE PAPERS FOUNDD
THE CHOCTAW COURTER.
We give below the papers showing the conspiracy headed
by the notocorious disturber of the publice peace of this
county, Gen. Jack Turner, to exterminate the whites. They
speak for themselves in showing the intended accomplishment
of a most hellish crime against humanity and civilization.
The papers are an exact copy found except as toa the
omission of names for the purpose of privacy. No names are
inserted except those for whom writs were sworn cut. With
this explanation for the papers explain themselves.
"Sug the 3S, i882. dMt Olive. Capt. Jack Turner meet at
might on the 3 of Aug. with his club and Capt. Turner made
a noble Peach and said he want all to join in aware and
Said that he had made up a club af 285 he want more ta join
him and geod many raly to him (here follows a list of names
omitted aS no precesedings against their have been taken)
and the list was to go over to Desotoville Precinct For
Capt Peter Hill as it is Gur tast Round. Don by order of
the meeting. Capt Turner, Ch.
desse Willson, Clerk.
The officers meeting Aug. the 6&6 182 at Peter Hill and
and Gen. Turner dgack ain the chair and the Gen. and Capt.
Turner Moses said that he wanted all the Domocratic negroes
kill and it was agree to and Capt. Peter Hill said he want
all the Cu Kluk negroes it was agree ta and Gen. Jack
Turner made a Peach on his war say Dear Friends in the year
1878 we made up this Club and now we have got strong in ta
it and tet us be mens TT have run with the white mens until
I got all their art. last fal you all send me toa Mobile
A Powder and shots and we Rave 800 gun and now on the i7
" night of Sept. let us rally ta our Place = and be mens
indeed. Gen in Chair.
F. D. Barney, Clerk.
and by the of Aug. all Desotoville Paper must icom ta
the Gen. Clerk at Tuscahoma ala so the Book may be ready ta
meet all of cur officers to be corrected if any to be good
hy .
Mr. Jack Turner, Capt.
Tuscahoma, Ala.
[ oe J
Club meeting held on the Camp Grounds C-C.35
Aug. the @ night in going the last round we got more to
join us (names omitted) and this is all that we can get and
this makei. No 31 in Desotaville Pre Dear Sir it is hard to
write on our work for have to write almost in the Dark and
when this get to our Des. Clerk hand he will iput it on the
Book right For he is a better writer.
—
160 Public Ethics
The connection of politics and economic and social frustrations
to antiblack hysteria continued strong in the postwar era. Insurrec-
tionary plots were uncovered even after emancipation, most notably
_ at Christmas 1865./The last judicial, “lynching” for alleged plans for
rebellion occurred in Choctaw County, Alabama, in 1881. The para.
phernalia of forged documents, a frequent prop in these affairs,
helped to convict Jack Turner, a ceurageous black Republican
leader, He was hanged immediately after the trial judge pronounced
sentence. | But ordinarily, postwar anti-insurgent activity had to
adapt to new conditions: the less sanguinary criminal code meant
the transference of repressive justice from the courts to lynch law,
and the substitution of such charges as rape or impudence for the
older one of conspiracy. Nevertheless, the patterns were otherwise
similar and devoted to the same ends: the political repression of
blacks and the prevention of other whites, at home or elsewhere,
from allying with them. Hence in the 1890s lynching activity rose
and fell in various localities with the success or decline of Populist
party biracial campaigning, most notably in Louisiana.
The second and much less historically visible factor leading to
white frenzy was the advance of slaves in ways difficult to halt either
by law or everyday custom. Black and white struggles over slave
autonomy never ceased. Masters often wearied of trying to impose
their will on every occasion that reached their notice. As Genovese
and others have shown, slaves in field and kitchen were shrewd ob-
servers of ‘‘ole massa” and knew how to exploit his grave weak-
nesses, largely in answer to their grim exploitation at “ole massa’s”
hands. The irate owner, in helpless fury, could use the whip un-
mercifully—but mostly with counterproductive results. As John
Blassingame has observed, under such conditions slaves became in-
different and worked less effectively than ever before, and some even
risked their lives in open confrontations.
On the other hand, tolerant masters watched impotently as each
new privilege begged for and granted, at once became plantation
tradition and the precedent for further requests. Moses Ashley Curtis
of Wilmington, North Carolina, posed these thoughts in his diary
as the Nat Turner uprising and subsequent scare unfolded: “No
Poli
class of bei
blacks. . .
boots as r
donations,
tuity, he d
a month >
strict, unc
poor perfc
to insurre:
had had a)
But wh
sort of th
about to!
a differen
ager coul<
slave, so 1
meanor ©
deference
the requi
lively gai
that all v
reply to ;
encounte
ginia, du
sure of a)
had ‘‘adc
in so ruc
doubting
not, of c
were hel
terns of |
The v
sort. Aci
about th
into cou
in their
ang also say to Gen. J. Turner that he must excuse my
nand write Fed Barney to correct it on his bock when he
sets his list and have Ben on the capt. Growns tonight a
syou told me and every thing is all right.
Aug. the id, 1682. We met in the mesting cur last time
and number up our mens and we are by this time 400 number
and we want to know how many you all have in Desotoville
B.T. Gen Jack Turner, Capt. Moses Turner, Lu Rands West,
zenson Coleman, Capt S. Scott Arron.
Fed Barney.
We met in the Club with Capt. Peter Hill in the chair to
Deside on killing and we agree to kill one on E. McCall
Place 3 on Ed Watkins Place one on Capt McCall Place only 3
in this B.t. and also we will be all right on the 17 Sept.
at night the meeting Demand Mr. (name omitted) to take this
our Papers to Capt J turner at Tuscahoma by Wenday night
and tell him that we have Don we can do.
Capt Peter Hill. Chair.
Dear Gen. J. turner we are not forgot what you said to
us in 1878 when we keep it in remember.
Capt. Feter Hill
‘Here follows a list of names committed) We have got more
mens fanother list of names) We have got more mens (tanother
list of names) this is all we can get in this.
this is to certify that we in Club have promes to Give
Mr. Willis Lymon SO cts Fer Day to cary our paper and
corlect members for: Club As he working by the day. This the
only way we can up our Club. Done by order of the Club July
i8s2. Gen dJack Turner Chair, Capt. Moses Turner, Vice Capt.
Peter Hill Gard. F. D. Barney clerk. In Desotoville Prec.
Capt Jack Turner, Seal.
Mr. Capt Peter Hill Dear Sir Please send me those Paper
in. We want to get all the member name on one Book and Dear
Sir you must see Willis Lymon and get his paper and M (name
omitted) and get his, we want them in before, He betray.
Please com Down Sunday and let us known how many you got.
Gen Jack Turner.
Desotaville List No 2?
Cared to (name omitted) by Aaron Scatt and Rands Wes.
Plese Don loose it Don by order o the Club meeting in June
i882 Tuscahoma, ala the if this war are Messrs. Gen. Jack
turner, Capt. Moses turner L. ( name omitted) D. #B. t.
Desotoville 8B. +t. and Dont let be like that war we had
before. We will Given up this time thill we willkill all
the white Forks mens and women.
F. D. Barney, Clerk.
(List of names amounting to 22)
[ close say Is try and Could note get any more and our
Clerk wrote so bad I could not read it all to the Peoples
SO I don all Could Dos and so I went toe the Camp Groun and
“hh
QO
i
J
CL
ped
fr
fu
pow
pond
right.
Read This to Them.
General dack turner meet in the chair and Capt. Moses
turner to prepar a meeting of a cllub and Dear Friends we
are com again to the Sec War For cur benefit in Choctaw
County Ala and we are be on hand From 1878 on tell now and
also we are ready now for cur war and we want every H.t. in
the cco County to be all right, and we only have 23 in ono.
in lyour #B.t. and we will say to you all that we expect to
kill all of white mens and women and Baby, and syou of the
coldin your B.t. may Look out and we want our Friend the
Bare of this to let nobody no into this while we have but
23 in your B.t. I think Desotoville B.t. is very Bad place
for Black people and we are going tao have it to our hand
before many days and us loak For our best way to Doe this
thing. We please that the 15 day of Sept. will be best
While all the white will be at Camp Meeting For we will a
shi time any way and we have only 23 in you B.t. and on
that Day we will let you all have 35 of our mens and s You
all must whact for selfs and we are are all right Down here
in our ports and be shew to slay from Baby up the oldes and
have no man on this list that will Betray us like Huff
Chaney did and dont take now of them Clu Kluck negro on you
list for we are going ta kill them too Please read this
Over one that goin you and you must take sora. Paper along
with you to sign your members names on and on the 31 dday
of July you must go up to the Camp Meeting place and Look
over the place that you may understand and I will taken
Butler and Capt. turner tak Mt Sterling and we have 900
guns in readiness and see all the Boys and their seems to
Ge all right and say the 15 that their are going to raly to
the Polls and alsa I find here bout Desatoville the colored
Friend are iPretty much all of them are on the white Folks
sid and it was hard to get these 23 up and also I meet with
Mr. --—-- at the Camp Grounds night and Look over the Paper
and Guid read qood and also when you take this off to
rewrite in the record please have a gocd writer so that we
cam make out his hand write. I Learded that you are going
to slay From the baby up to the oldes and also fyou must
Doe all Syou can in Butler that Day for it will be a gacd
tine. °
F D Barney Clerk
This cur last meeting this sid of cur time and we only
have 22 members in desotoville Precinct and we are going
take this County by sheding Blood and we are going to slay
from the young up to the oldes and Capt Jack turner is
gcing with his mens that night to Butler and Capt. Moses
turner will go up to the Camp Groun and Capt Peter Hill
Will take his mens to Desotoville and Capt Jesse wil take
his mens to the Mt Sterling and you must all Look out and
be taking and we will meet on the 17 night Sept For this
Will be our time when every Body will have Preaching in
minds Mr. Turner is cur Gen and when we take this County we
Ree. see
ERS re SPS ¢
(3
ee
z
%
bs
deel
a
576 Ala.
see! stn Lida
SNEAD, Buster, black, 19j elec. Alas (Bibb) 3-25-1919.
88 SOUTHERN. REPORTER, 2d SERIES
The one insistence: made by appellant is
that Brand left his work voluntarily with-
out good cause connected. with such work
and therefore is disqualified from receiving
unemployment benefits under. the. express, -
terms of subsec. B of § 214, Title 26, Code
of 1940, as amended.
Appellant argues that although the sepa-
ration notice given to Brand ‘shows ‘that
he was discharged, such discharge was
provoked by his refusal to perform ‘his
regularly assigned duties and that, there-
fore, he in effect voluntarily left his work.
Brand did on the.day of his separation
refuse to tun the machine to which he was
assigned, But the evidence is in’ sharp
conflict as to. why he refused,
Appellant insists the evidence shows that
Brand wanted to be discharged so that he
could draw unemployment benefits and pro-
voked his discharge by refusing to work
unless he was given a’ full-time: helper,
which appellant claimed was not justified
in view of the nature of his work.
The evidence ‘for. the claimant, Brand,
shows that. he was approximately ’ fifty
years of age at the time of his discharge;
that in addition to operating a “tying-in
1achine” he was required to handle large
“warps” weighing several hundred pounds;
that aithough he used mechanical devices
in connection with the handling and trans-
portation of the “warps,” nevertheless he
was required to do considerable lifting;
that as a result of such. lifting his back
had been injured and he had lost time from
his work asa result. of such injury; that
another employee of the mill was supposed |
to assist him in moving the “warps” but
had refused to do,so; that he was ready
and willing. to,operate the machine if he
was given assistance in. the’ transportation
of the warps and that such assistance was
necessary;' that without such. assistance he
would suffer further physical injury; and
that his failure to work on the day of his
separation was caused by the employer’s
refusal to give him the needed assistance.
[2] We think that the tendencies of
the evidence in this case warranted a find-
‘ing that although. Brand voluntarily left
his work, he had good cause connected
/ eg
S-2I-/GLF
Paths 3 shat aa
with such work for leaving and, therefore,
was not disqualified from receiving bene-
fits by virtue of subsec. B, §.214, Title 26,
Code 1940, as amended.
[3] The witnesses were examined orally
before the court, and. the judge had the
benefit of observing their manner and de-
meanor and the better opportunity to pass
upon the credibility of the testimony, His
finding has the force of a verdict by a jury.
Bickley v. Murdock, 204 Ala. 192, 85 So.
461. Such a judgment. will not be dis-
turbed unless plainly erroneous or mani-
festly wrong. Weil v. Centerfit, 201. Ala.
531, 78 So. 885; Starkey v. Starkey, 214
Ala. 287, 107 So. 807.’ We cannot say that
the judgment in this case is plainly errone-
ous or manifestly wrong. There is ample
evidence to sustain it, The judgment is
affirmed.
Affirmed,
BROWN, FOSTER. and. STAKELY,
JJ.,;concur,
’ (o KEY NUMBER SYSTEM)
+Aams
i
SNEAD y. STATE,
2 Div, 260.
Supreme Court of Alabama,
Novy, 26, 1948,
Rehearing Denied Feb. 17, 1949,
{. Criminal law €=455
In’ murder prosecution, mortician’s
testimony as to appearance and location
of cuts on victim’s body was admissible.
2. Criminal law €>476
A. mortician’s.. testimony. as to his
opinion that wounds which he observed
on murder victim’s head and neck were
sufficient to cause death was admissible,
in view of previous statement of witness’
experience. in. observing and examining
wounds and. effects thereof on human
body.
thd bbc) bVlach man,
WOM es SO NT EEF EE I LETT TE IE NT Re LP RRM SRR RENEE IMIG! Re
~
ee eee ae
3. Cri
W
ficatior
whethe
were $
questio
discret
4. Cri
Pri
indictm|
force ,
predica
volunta
5. Crim
Cir
satisfae
present
may ré
was '¢o
such ‘qu
other ¢
cused ad
6. Crimt
In».
showed:
criminal
so. ast
admissib
7. Crimi
Posi
delicti. ig
of defes
but proof
which ju
charged
sion adm
8. Crimin;
Evide
facie that
was volu
in evideng
9. Crimina
In m
deceased’s
deceased j
to injurie
fendant’s
admissible
acts, motiv
being wit
deceased.
88
i om kd : am go oe ;
ET ip Pe ee
soe iN WE Stroh.” ae en
f '
"To woman,
i Merper
@ i on
n_ the fore-
nelics. wide
brain, An-
r vein. A
adgbeen cut
F permitted
‘eppearance
ip9 v. State,
“and cases
érimitted to
hdefendant,
§ which. he
éck of the
6..result. in
on. that in
is testimony
perience in
ids.and the
bodies, the
petmitting
™@s to the
the body
As pointed
tate, supra,
fwitness is
He ano lifie
per to
Me cen Se
teaddressed
trial court,
§ an abuse
connection,
“there was
fpus delicti
“vidence of
been made
ate did not
t<the dead
ic -pedroom
iy. <that,. of
th of the
éti® as the
fied is suf-
Atroduction
age, Phil-
Here cited.
:
may atiord
pus. delicti
fom which
eye, or.
ee.
ee ae
AELAG io SNBAD vy, STATE pire a Ala, 579
‘. Olte as 38 80.24 576 :
crime has been committed, the question
must be submitted to: the juty, and-other
evidence tending fo implicate the accused
is thereby rendered: ‘admissible. Johnson
v. State, 247) Ala, 271, 24 So.2d17:: Me-
Dowell: v.- State, 238° Ala:: 101, 189. So.
183; Hill v...State; 207. Ala. 444, 93 So:
460; Phillips y. State, supra; DeSilvey
v.. State, 245 Ala, 163, 16, So.2d_ 183, ‘
[6]. We think it clear that; aside from
the confession :of:appellant,: the evidence
in this case, with the legitimate inferences
which it was:the province of the jury to
draw therefrom, if. believed by them -be-
yond a reasonable doubt; shows the death
of the person alleged to have. been killed,
Ellen Mason, and that said death was
caused by the criminal agency as alleged in
the indictment—the corpus delicti. Jordan
y.' State, 225 Ala. .350,..142 ‘So. 665; Me-
Dowell v. State, supra. 0!"
[7]. In Ryan vy, State, 100. Ala, 94,
14 So, 868, it -was- said: “Positive, direct
evidence of the” corpus sdelicti is not
indispensable to the admissions of confes-
sions, Whenever facts and circumstances
are proven from which a jury might
legally infer that the offense has been
committed, the confessions are admissible,
The proven facts and circumstances, and
the confessions. of . the. defendant, may
then be weighed and .considered together;
and if, upon the whole evidence, the jury
are satisfied’ beyond a reasonable doubt,
both as to the corpus. delicti and the
identity, of the defendant as the guilty
perpetrator, it becomes their duty to con-
viet.” To like effect is the case of Hill
v. State, supra. SEES 7)
We hold, therefore, that ‘there’ ig "n6
merit in appellant’s contention that. the
trial court erred in permitting ‘the State
to introduce in evidence the alleged con-
fession of ‘the defendant on the ground
that there was not sufficient: evidence of
the corpus delicti.’:' ieee HORA .
[8] The predicate as laid by the State
was in ‘all’ respects. sufficient “to ‘show
prima. facie that the: confession was vol-
untarily. made.» There: iis nothing: in the
record: to” show: that: under: ithe: !/circum-
stances prevailing ati the time:-the con<
fession; was: made, when considered with
the age, character, and) situation of the
appellant, that ‘he was deprived,, of his
free choice. to admit, to deny, or. to re-
fuse to answer, . Phillips vy. State, supra,
It. appears that the, appellant voluntarily
surrendered himself to the officers shortly
after: the crime was. committed,-at which
_ time he admitted his guilt. The defendant
did not-testify. He’ offered no witnesses
in his, behalf. Hence, there was no tes+
timony tending to refute the evidence
of the witnesses for the State as to ‘the
voluntary character of the confession, |
{9}: The trial: court did not err in
permitting Mazell: Blackmon, the daughter
of the deceased, to testify. as to the. in-
juries: which she: received. at the hands
of the appellant on the occasion. when
het mother «was killed. As. before in-
dicated, Mazell andthe deceased. were
asleep in the same bed at the time the
fatal blows were struck. The attack on
this witness was within the res gestae
of the crime against her mother and was
admissible as shedding light on the acts,
motive, and intent of the assailant. Gris-
sett v. State, 241 Ala, 343,°2 So.2d 399:
Canty v. State, 244. Ala, 108, 11 So.2d
844; Peters v.) State, 240 Ala, :531,.:200
So, 404; Granberry y, State, 182. Ala.
4;.62 So. 52,:': gets iy bas
[10] The State, over the objection of
the defendant, introduced in evidence a
double-bit axe” with a short handle which
the officers identified. as one which they
had found on a porch. of the appellant’s
home a short time after the homicide,
There was blood on: the handle and blade
of; the axe,-“It. was without dispute. in
the evidence that an’ axe was the murder
weapon...'The defendant in his confession
admitted that he hit the decéased several
times with an axe of the type: which was
found on his porch, and that he placed
the axe on his porch shortly after leaving
the home of the deceased. Appellant does
not contend that an instrument used in
the commission of the crime is inadmissible
in! evidence when. properly, identified, but
does 'insist,.that the axe which was ad-
mitted .in. this. ‘case ‘was not shown to have
SE ae rao aw Linas
.
oe
TR er ren
EET IE A Sara a en me
|
Tl a a iba a OR ME iat hat Rec pa anaes,
» Se es bare
s
, i
Me
P
q
ved orally
dhad the
4 id de-
ito pass
Wg jury.
285 So.
‘De dis-
if mani-
201 Ala,
focAtion
iSsible,
“SNEAD v, STATH! FO) oe Ala. 577
Cite as 38 So.2d 578
8, Criminal law O48
Whether witness has requisite quali.
fications to testify as expert on’ question
whether wounds on murder ‘victim's body
were sufficient to cause death is preliminary
question addressed largely to’ trial court’s
discretion, Woe ea.
4. Criminal law €517(4) eae at
Proof that person named in murder
indictment as victim died’ as result. of
force unlawfully . applied was sufficient
predicate for introduction of defendant’s
voluntary confession in evidence,
§. Criminal law €>338(3), 563, 7411)"
Circumstantial evidence may ‘afford
satisfactory proof. of corpus’ delicti, and
presentation of facts, from ‘which jury
may reasonably infer that crime charged
was committed, requires’ submission. of
such question ‘to’ jury, thereby rendering
other evidence ‘tending toimplicate ac-
cused admissible, Be ERS eet
6. Criminal law G=517(4) ©
In . murder
showed alleged victim’s death caused by «.
criminal agency, as alleged in indictment,
so as to render defendant’s confession
admissible in evidence, an
7, Criminal law 35174)
Positive, direct’ evidence ‘of. corpus
delicti is not indispensable to admission
of defendant’s confession “in evidence,
but proof of facts and circumstances from
which jury may legally infer that offense
charged was committed. renders _confes-
sion admissible, Bb vere) es
8 Criminal law €=531(3) ea
Evidence was sufficient to'show prima
facie that defendant’s confession of murder
in evidence,
*,
& Criminal law @=365(1) 0
In murder. prosecution, testimony of
deceased’s daughter, who was asleep with
deceased in same bed at time of killing, as
to injuries received by. witness. at de-
fendant’s hands on shme occasion, was
acmissible as shedding light on defendant’s
acts, motive and intent; ‘attack on: witness
Seing within res gestae of crime ‘against
ceteased, AEA, AN i Meme eat} Se
88 80.2d—37
Prosecution, evidence -
10. Criminat law €>404(3)
In murder ‘prosecution, evidence was
sufficient to justify, reasonable inference
that axe introduced .in evidence was one
with which ‘defendant struck fatal blows,
So as to render it admissible,
{l. Homicide €=338(1) ;
_ ‘Where ‘evidence showed that defend-
ant in murder prosecution returned ‘to
his home shortly after attack on deceased,
‘admission of ' officer's testimony that he
found a pair’ of pants anda shirt with
fresh red stains: thereon in\ search of
defendant’s home within few hours’ aftere
crime was not reversible error, )
®
Bape ne
12. Criminal taw ©720(9) ,
_ In murder Prosecution, where evidence
of defendant’s attack on deceased’s daugh-
ter at time of crime charged was properly
admitted,» county solicitor’s statement in
‘argument’ to jury that it wasn’t defend-
ant’s fault that he. didn’t. kill two people
on such occasion was not improper, .
13. Homicide ¢=294(1) : 7
_ Where there was no evidence sup-
Porting defendant’s plea of not guilty of
murder by reason of insanity, court prop-
erly charged that jury could’ hot find ©
defendant not guilty for such reason,
if they believed eVidence. co ian ie
At aH
14, Homicide €=309(3)
Where state’s ‘evidence, made out case
of unprovoked and: cold-blooded ‘murder.
and defendant offered no ‘evidence, court
‘Properly refused’ -defendant’s requested
charges as to réduction. of ‘grade of
‘homicide to manslaughter when. killing
{s
‘degree murder,
is traceable to act done’ in sudden anger
.;, oF heat of blood on adequate provocation,
Was voluntarily made and hence Admissible 347) cee a qick Saar Fee PAO SUG
18. Homlolde 22531)
_.. Evidence sustained conviction of first-
' Appeal from Circuit Court, Bibb County :
L. S. Moore, Judge, — areas :
‘Buster Snead, alias Sneed, was con-.
victed of murder in the ‘first degree, and
he appeals, Ooh fins BRR
Affirmed) ach sas
, 4 fi xs a
REESE la MR ch ops SiN Wisma A
Fe I ale nt
RE
ee bee
Fs
dire aiadbie " Se .
retin aa FS ie
oS eae — ee
ue BPP ye
ies Soe
i
bag sa sn he
cab re ce Reet Pie ao
88 SOUTHER REPORTER, 2d SERIES
J. Fred Wood gad George White, both
of Centreville, for appellant.
A. A; Carmichael,’ ‘Atty. © Gen,,' “and
Francis M. Kohn, Asst. Atty. Gen, for
the State,
LAWSON, Justice. ..
Appellant, Buster Snead, alles ‘Buster
Sneed, was indicted..for the first degree
murder) of Ellen: Mason by a grand, jury
of Bibb County, Snead was unable to
employ counsel, so the trial court appointed
two. practicing attorneys. of the Bibb
County; Bar to represent him, § 318, Title
15, Code 1940, as amended., Upon ar-
raignment he pleaded not guilty and not
guilty by reason’ of insanity," and-~ was
‘found guilty of murder in the first degree
and sentenced: to death by. electrocution.
The appeal’ here is’ under the automatic
appeal statute!’ Act 249, Acts 1943, p. 217,
approved June 24, 1943, Code IO Pile
15, §§ 382(1)-382(13). :
‘The ‘evidence for the State shows that
during the early hours of the morning of
January 14, 1947, this appellant broke
into the bedroom of Ellen Mason, where
she was sleeping in a bed with her daugh-
ter, Mazell Blackmon, It is undisputed
in the evidence that appellant cut Ellen
Mason: several times. with an axe while
she was still in bed. After the blows were
struck, Ellen Mason fell off the bed. onto
the floor, A deputy sheriff of the county,
-after being notified of what had occurred,
went to the home of Ellen Mason, When
he arrived there he.saw a Negro woman
lying on the floor of the bedroom between
the bed and the. wall. The floor. .was
bloody.
were. cuts; on. the head: and body,,; On
direct examination this witness testified
that he had seen Ellen Mason on one’ or
two ° previous “occasions, ‘but: on ‘cross-
examination he stated that while he had
seen the dead woman on previous oc-
casions, he could not say that he had
“known her'to ‘be Ellen Mason,:' se
[1-3]° CxS. Sharper, a i orteian tes-
tified for. the State.’ Sharper “had not :
known ‘Ellen’ ‘Mason ‘ persofially,' On*the -
“morning of January 14, 1947, ‘he. went
to the home of Ellen Mason and: removed
- The -woman was..dead... There
éHerefrom: the body of a Negro woman,
which. he prepared for, burial. . Sharper
described: the wounds: which he found on
the body: There was,a cut, on, the fore-
head «which was ‘about: five inches wide
and: which’ penetrated’ to the brain, An-
other cut severed the jugular vein. A
portion of one of the fingers had been cut
off, The trial court correctly permitted
this witness to testify as to the appearance
and location of the cuts. Phillips v. State,
248 Ala. 510, 28 So.2d: 542, and cases
there cited... Sharper was permitted to
testify, over the objection of defendant,
that in:his: opinion the wounds which. he
observed on the head and feck of the
dead .woman.were sufficient to result. in
death,;.; We are of the opinion that in
. view. of the predicate laid for his testimony
and...the, statement'. of, his. experience in
observing and examining wounds and the
effects. thereof. on) human. bodies, the
trial court’. did not err in.’ permitting
Sharper to give an opinion as to the
fatality of the wounds upon the body
which he prepared for burial, As pointed
out in the case of Phillips ‘v. State, supra,
the question, as to whether a witness is
shown ‘to ‘possess the requisite qualifi-
cations to testify as an expert as to
whether wounds were sufficient to cause
-death is a preliminary, question addressed
Jargely to the discretion of the: trial court.
We.-icannot say that there was an. abuse
of the court’s discretion in this connection.
[4] ‘Appellant contends that there was
not sufficient proof of the corpus delicti
to justify the admission in evidence of
the confession alleged to have: been made
by the appellant in that the State did not
by direct evidence show. that the dead
-body:: which was. found. in: the.,bedroom
of ‘Ellen Mason was actually, that of
Ellen Mason. Proof of death of the
person named in the indictment as° the
‘result of force unlawfully applied is suf-
“ficient as a predicate for the introduction
‘of a confession voluntarily made. Phil-
is Vv, State, supra, and cases there cited.
[5]. ‘Circumstantial evidence may afford
nasa proof of. the corpus delicti
and. if facts ‘are. presented .from which
the jury may zeasonably infer that, the
CE EGE NED * SOMME pe an ee
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been the one ised’ by the appellant and
that, therefore, its admission in evidence
was erroneous, . We’ cannot agree with
this contention. The facts above set out
are sufficient to justify a reasonable in-
ference that the axe which was introduced
in evidence was the one with which ap-
péellant struck the fatal blows and we think
it was properly admitted to the jury for
what it was worth. Lewis.et al, v. State,
220 Ala. 461, 125 So, 802.
[11] Since the evidence showed that
shortly after the attack the appellant re-
turned to his home, it- was not reversible
error: for the trial court to permit the
State to show. by an officer who. searched
appellant’s home. within. a few hours
after the crime: that he found there a
pair of pants and'a shirt with fresh red
stains‘ on them, . Walker v. State; 139
Ala. 56, 35:So, 1011,
[12] The attack upon Mazell Blackmon
having been properly admitted in evidence,
the county solicitor’s. statement that “it.
wasn’t his fault he didn’t kill two on that
occasion” was not improper. Granberry
y, State, supra.
[13] Inasmuch. as’ there was: no evi-
dence introduced in support of the plea
of not guilty: by .reason: of insanity, the
trial court properly gave the following
charge at the request of the State: Mit
-you believe the evidence in this case you
cannot find the defendant. not guilty by
reason. of insanity.” . Pilley v. State, 247
Ala. 523, 25 So.2d 57; Manning v. State,
217 Ala, 357, 116 So, 360.
[14] The’ trial court refused to give
several written charges requested by ap-
pellant through which he sought to avail
of the principles that operate to reduce
the grade of a homicide to manslaughter
when the killing is traceable to an: act
done in sudden anger or the heat of blood,
upon adequate provocation. Caldwell v.
State, 203 Ala, 412, 84 So. 272, These
charges, if correctly drawn for that pur-
pose, which we do not concede, were cor-
rectly refused because the evidence for the
State made out a case of unprovoked and
cold-blooded ‘murder, ‘The defense offered
$8 SOUTHERN REPORTER, 24 SERIES
no evidence at all.’ Hence, if the defendant
was guilty, there was absolutely nothing
in the evidence to reduce the crime below
murder, and the court properly refused
all. charges relating to manslaughter.
Miller v. State, 145 Ala, 677, 40 So. 47;
Pinkerton v. State, 146 Ala. 684, 40 So.
224.: ;
[15] In accordance with our duty in
‘cases of this character, ‘we have examined
the record for any error, whether pressed
upon our attention or not, The testimony
in the case abundantly sustains the verdict,
The record is free from reversible error
and is due to be affirmed. It is so 6rdered
by the court,
Affirmed, —
“BROWN, FOSTER, SIMPSON, and
STAKELY, JJ., concur.
© Cg © wey mumpen sySTEM
{aume
PINCKARD v. LEDYARD.
6 Div. 779.
Supreme Court of Alabama,
Jan. 20, 1949.
Rehearing Denied Feb. 17, 1949.
1. Trusts €=359(2)
Generally, a beneficiary of a trust may
come into equity to enforce payment to him
by a refractory trustee.
2.. Trusts €=371(6/2) |
Sufficiency of beneficiary’s bill praying
for distribution of one half.of corpus of
trust which authorized trustee to pay one
half of trust corpus to beneficiary if he was
convinced. that it would be to best interest
of beneficiary, could be raised by demurrer,
3. Trusts C284
Where trust provides that distribution
of corpus’'to beneficiaries is in absolute
power and discretion of trustee who can
pay such corpus if convinced that it is to
best interest: of: beneficiaries, decision of
triste
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SNEAD, William Nelms, black, 35 eléce Ala. (Jefferson) 6-12-19)h. \
\
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7 Sey * Lidge a > ts :
é Roe i ;
IME es a Lantas seit | ays he . é 1 caine
4
: Vad at Gos. (bt4# Mn sd. & ) O99 i
| Shewer [6 co prenelWl5 Gb ths Mother 47 aor
ot ily je) oh 10-19 Ti a klne dntoch Ale lyr{
[FmMed. Ch, Lrsad avueled [2-1 @F Cagieco es
(yet Ahops- Saoad potive Ko. OF fecal |
bard Was he had fallen bff Louse Ou keer |
/ a 9 bn Wareh, 1935 ¥ War raped <T| §
ldsnonssinsilecicerisieies San .) 4 6460. Lt- ‘ .
STOKES, Will, black, electrocuted State Prison (St, Clair Co.), June 10, 1931.
“Ax-Murderer Dies at Kilby.
“Will Stokes, negro, was executed at Kilby prison early today for the murder last January
of Vester Myers, St, Clair County white man. Stokes was brought into the death cell at 12:05
and was pronounced dead about 12:15. The first shock was applied at 12:11 and the second
shock at 12:14.
“Stokes confessed killing Myers in an iterview with the Rev. J. C. Harrison, State
chaplain, in Myers’s cell shortly before the execution. The Rev. I. C. H. Champney, negro
chaplain, also was in the cell at the time of the confession. The condemned murderer denied that
he ever had committed any of the ax killings in Birmingham in recent years, but admitted two
other slayings. According to the Rev. Harrison, Stokes said that he killed a negro named Johnson
in Hale County in 1920.
“He was sentenced to life imprisosnment for this slaying, Harrison said Stokes admitted,
and was sent to a State mine in Jefferson County. After the mines were closed, the negro said he
was sent to Atmore and later to Road D. Where he escaped.
“Before he escaped, however, Stokes told Harrison, he killed a negro plrisoner, Mose
Wiggins, at Flat Top, a former prison mining camp in Jefferson County. Another negro prisoner,
Henry McSwain, is being sought for the Wiggins slaying. Stokes said, according to Chaplain
Harrison: ‘I don’t want to die knowin’ another negro might get in trouble over a killin’ I did.””-
Advertiser, Montgomery, AL, 6/10/1931.
y
. \-. STEPHENS, Sherman, black, banged Randolph\gunty, Alabama, Bia oo ope
Ys es 7
a OR
WR See,
LA oom
: ey ) ae vel C wets
x Bo ae aes | of the report that Fall’s condition was
ag eletbhess serious and that imprisonment would
10 years was made }
les for October de- | PTobably shorten his life.
me 48.10 a 500-pound | :
eral for the
eee ound, near Crawford
Beedirp decline, October Ax-Murderer He died with
gee to 9.50 cents, a Indication has
° id
Waeagm yesterday. Jan- k lb | Cone, the daugl
eeewn to 9.75 cents, Dies At ] ¥ | plead self-defens&
> . - “.
SCI a
Dudley
of the Cor
an aniomob}
heart.
Mahington, Carl Wil-
Mf the Farm Board, Will Stokes, negro, was executed at |
! ry in the handling | Kilby Prison early today for the murder | Tuscaloosa
{ Pas during the new! last January of Vester Myers, St. Clair ,
bint public by the} County white man.
Stokes was brought into the death cell
eyacduests of the Sa-| at 12:05 and was pronounced ‘dead about
Meacittle Rock cotton | 12:15. The first shock was applied at NEW YORK, July}
$e ‘ Maite farm board | 12:11 and the second shock at 12:14, ment was Mace her
m@becn taken under! Stokes confessed killing Myers in an/| gagement of Miss A é
interview with the Rev. J. C. Harrison, | of New York and RE&
contracts repre-| State chaplain, in Myers’s cell shortly | Tuscaloosa, Ala, nk
a bale from yes- | before the execution. The Rev. I. C. 3. | They will be marrifiiaaae
; wit, agg JUNC 27, imme-, Charxpney, negro chaplain, also was in| Royal Chapel, London
OY Mioover’s debt hol- | the cell*at the time of the confession. Miss Nollen is the
i‘ ee wacn cotton sold at; The condemned murderer denied that ‘
: $ ie #@ontracts. he ever had committed any of the ax|lege, Iowa, and Mrs,
p ; Kg : * today's sale of} killings in Birmingham in recent years, | graduated from Vassa
4 ‘A hee ee Was $1,202,500. | but admitted two other slayings. Ac- | and continued her educ
4 Fee Bik: (cage Iden H. Vose, of | cording to the Rev. Harrison, Stokes said Mr. Mann is the sor
{ A. Crawford. he killed a negro named Johnson in| Turner Mann, of Tuscig
q et: Hale County in 1920.
He was sentenced to life imprisonment
for this slaying, Harrison said Stokes
admitted, and was sent to a State mine
in Jefferson County. After the mines
were closed, the negro said he was sent
E ied to Atmord and later to Road Camp D,
i Phang ; | Where he escaped. . ai
F Ti beh i > of five cents an Before he escaped, however, Stokes! WASHINGTON, July
Wises fa hour, except for |,told Harrison, he killed a negro prisoner, | United States today defcag
Weegee make other re- Mose Wiggins at Flat Top, a former | ing of the rum runner, “
eu acussion, the new | prison mining cainp in Jefferson County. | . bi . a rit
" pewegteb. 9, effective | Another negro prisoner, Henry McSwain, | J¢ct of arbitration proceed
is being sought for the Wiggins slaying, | ada, by an assertion
ae ‘ ference with in- | Stokes said, adding to Chaplain Harri- | American-owned.
F ke { * pledge to main- | son: A formal note was suf
Maas Gea d in the board's} “1 don’t want to die knowin’ another | Ottawa Government cont
4 Sy LE RES mod the railway negro might get in trouble over a killin’ | ition, the bombardment
TRS a wage structure,|]7 qdiq.” ’ he Coast Guard was jusk
ane better situated, . master refused to stop
signals,
ea for no wage | The communication alsa
» _ e
i railway “should | covered the fact that t
: structure which p Osion scores of miles off shore w
Coast Guard said the vess
near land and overtaken
extended chase.
Meanwhile, word came f
Department that another
y Fiawmacr situated, are |
MY, GA. wWuly ». i y\-An explosion
ronsider whether | in a rayon njill}heré today chused serious
elf in maintain- | burns and nflries to veh men, six
a
b "t oe ee we conditions fixed | white gd egro.
|
he report, which es that the theory of
a i yngress to be il- the explosion had not
Canadian Government, deals
been determited Yate today, , eecond rum running ineide
FIRST HANGING
IN FORTY YEARS
WILL STRAUDENMIRE PAYS THE :
DEATH PENALTY IN PRATT.
VILLE FOR MURDER OF FATHER-
IN-LAW.
Special to The Birmingham News.
PRATTVILLB, Ala., March 10—Will
Straudenmire, a negro, convicted of
the murder of his father-in-law, Sim
McBride, in 1904, was hanged here
| yesterday, the execution being the first
held in Autauga for forty years. The Wj
| hanging took place in the yard of the eww
new jail, and was witnessed by a [pew *s Ly
crowd of two hundred, mostly negroes 71 —
. / YOAA _, , fp) 4
and boys. Deputy Sheriff McCann was Ay weer ] U a CL
in charge in place of Sheriff Williams, ’ / .
of
who was too ill to attend. Strauden- }. é r
A, SF wn
mire was remarkably cool and joined SF S/b “ /. y, O (>
in the chorus of several songs while
the final arrangements were being
made. Although his neck was not bro- a = = \
ken by the fall, he died without a (/ D> _) \
struggle. —_
| Efforts had been made by several
prominent citizens to have the sen-
tence of the condemned man commut-
ed on the ground that he was of weak |
mind, but Governor Jelks refused tq in-
terfere, principally because the trial
judge and the state solicitor would not
sign the petition for commutation,
0-+0— er
“4 ; _
| ay = |
Negro~ Hanged: for M
Pr Altville, Ala. : '
miere; a Yih ee ‘ear gh fata Stouden.
ere today
McBride, in ‘904. Ms father in law
Bea oe,
STOUDENMIRE, Will, black,
aAlétment: charging.“murder in the ‘first |
So AE oy Trithpwe
~
DIES. ON. GALLOWS
‘WILL’ STOUDENMIRE HANGED AT
“Autanga County. Negro: Who Was Ace
++ @uaed of the Murder of Sins Mee
“> Brides His FathereineLaw, ’
<> 7) Meets Death Calmly, .
. Prattville, March’: 9.<-(Special.)—Af-
_ ter strenuous. efforts on tho part of
-fome good eltizens to save Will Stou-
-denmire from. the . gallows, . Governor
Jalks wired to Sheriff McWilliams: late
yesterday afternoon. to Ict. the. sentence
“of the law: be executed. ’ There was no
~&eneral movo In his behalf, but. quite
a few ‘prominent ‘citizens Interested
ment °. ‘Trial’ Judge S.: L...Brewer. and
Solicitor Wy, B. Bowling: of. this circuit
“refaeéd 10. recommend. any’ change in
(the senten¢6-of-the court, and the.Gov-.,
:ernor accordingly let the jzenter.ce. of-
the: lowe? court as afrmed by the Bue,
Preme Court, stand.°.
“© WM Btoudenmire, who was~ today.
hanged: in the ‘new: jaf: of Autauga
County, was tried at the Spring term
of the. Circult Couggin: 1905, on an in-
Megtes for. KiNing Sua Mor
/An-law fo the tondanned
aungs the! previsuy: yerr;
. same. °
+ Stouden
with him as ‘having ‘about’ as ‘much
sense as the dyerage negro. In talking
of the murder of Sim McBride, Stoucen-
mire sald that wag the way he had to
die, and that the “Almighty”. did. not
hold. him responsible for this-killing:
that he Almself would die today. as tha
“Almighty” intended. he should.: “He
referred tO. his ‘wife and six children,
saying the: Lord would. takb. care, of
them-in some way, 2+). 22) se,
At 3 o'clock m, today the condemned
man’ Wee‘ carried from. =the. °.old. jall,
where fe has been: confined. for::one
year, to the new jail, a-bleck away,
whero the gallows had: been recently
finished. , The - trap was ‘sprung by
“themselves ‘in. an. effort ‘to have ' tho
Sentence commuted to fe imprison-
hanged Prattville, Autauga Co., AL March 9, 1906
Deputy Sheriff William McCann, Sheriff
G.."A. McWilliams being confined to his
room: sick. Chlef:Deputy. McCann’ was
assisted by. six other. deputies.‘ ‘The
condemned: man was. attended by Rev.
G. A. May, pastor‘of’the A. M.:E.Zion
Church of this ‘place, as his. spiritual
advisor, and by.the. request of the con-
vict, sang two: verses~ef) the. Song, .*T
Heard the. Voice. of Jesus«Say;‘-Comé
Unto Me and Rest.” -: The prisones, ina,
clear;. musical voice, jolned ‘in. the: song.
» Deputy Wiley Bridges“ adjusted the
noose and black cap;,.Chief Deputy’ Aic-
Cann pulled‘ the. trigger, and. the ‘pris-
Oner was dead in fourteen minutes,’ as
pronounced by Drs.:.M; D.- 8m'th and.
J. E. Wilkinson... Although hia .neck|
was ‘not.. broken,’ he - died «without .a :
struggle. .The body was. delivered to]
his aged: father for burial: This is thet
first. hanging: in. Autauga County ‘in
more than forty ycars, the last before
Civil War."
this-being ’ J >white ‘than’ prior: to’ the
A ‘
’
; .
a ae
o
, d *
:
«
| af
fe y" Mae Pe od.
, OY rr iat i
ba us Tig
. a y
. . *
~* $
; . hs @
ef 3 ] se es
. -
. ’ ‘
Abs
| eee
‘
ace a7
a
: Since ‘ Civil’ War
cee te,
4
_ ‘Supreme Court, and the Governor
Declined at the Last Mo-
ment to Interfere.
Sore ees,
\
Prattville, March - 9.—(Speciul.)—Wi]
S8taudenimire, a negro, wus hanged hero
today for the murder‘of his father-in-law
Lim: NeBrill, in 19040 1 “‘Ktud
r This-is the first hanging in Autauga
& white man before the clvil war,
After strenuous efforts on the part of
suilie good citizens to save Stoudenmire
fro the gallown Governor Jelks wired
to Bheriff McWilliams late yesterday af-
ternoon to let the sentence of the law be
executed, There was no general move
In his behalf but quite a few prominent
citizens interested themselves in having
Imprisonment. But trial Judge L, Brewer
refustd to recommend any chunge In the.
accordingly ‘let the sentence of the lower
court and affirmed by tho AUpreme Court
stand,
Will Stoudenmire, who. was today hang-
ed in the new jail of Autauga county, wae
tried at the spring term of the cfreult
court in 190 on an indictment charging |
; Murder !n the first degree for Killing Bini
McBride, fathersin-law to the condemned |
man, some time during the previous year,
1904. ‘The jury gave-a patient trial and re.
turned a verdict of sullt of murder jn the:
first ee and awarded the death Ben. |
tence which Was passed) on the condemned —
man for June-2 last year, ‘The attorneys
for the defendant carri¢d the caso to the
[slpreme court and the case was affirmed {
last January and the $th day of Marcn
Set for his execution. Jiis friends hau!
hopes of saving hjm‘from the gallows un-
(il late yesterday : afternoon when the
soyernor’s message came, ‘
|
|
|
Was First Execution in’ County
KILLED HIS FATHER-IN-LAW
he
The Case Was ‘Passed Upon By the
' The, condemned ‘man appeared to have
rested: well last’ night ‘and this morning
received several callers und tulked very
| freely voncerning hia own exocution, Me
‘wald’ he wan rendy to dle, that he had
mado peace with the Almight’, thut ha
felt when’ he ¢rossed over the river ther?
would -be u man there to meet, him. While
his friends have urged his weak mind as
a reason for commuting! the. death: sen-
tence his calm-.and serene. mood has |m-
pressed those who have talked with him
as having about as mu¢h sense as the
average negro. In talking of the death.
of the murdered man Sim McBride the |
condemned man said that was} the way
‘he had to dio,aud that the Almighty did
not hold him respohslble; for thia killing,
and that he himself wold dic todjay as
the. Almighty .Jntended fhe should. Ife
referred to his wife and. six children,
saying the Lord would take care of them
in some way. - , |
‘At noon today the condemned man was
placed in the transfer at the old jail where
he. has .been confined for one year and.
was driven to the new jafl, a block away,
where the new gallows had been recently
finished, among’ 4 crowd jof perhaps two°
county for forty years. The only hanging’
In the country prior to this was that of
the sentence of death commuted to Hite:
and Solicitor \W.-B, Boling of this clreuit.
‘sentence of the ‘court and the: governor”
hundred people, mostly. bays and negroes.
The new trap was sprung iby Deputy
Bheriff: Milflam McCann, Sheriff G. A. Mc-
Wiliam being iconfined to his home sick.
Chief Weputy ‘McCann. ansisted by
six other-reputies. The ¢ondemned man
was attended by the Rev. .G. A. May,
pastor of the A. M.- E.. Zion church of
this place as nik spiritual|adviser, and of
the. request of, the condemned. man, sang
two verses of the song, ‘‘‘I/heard the voice
of. Jesus say como unto} me and rest.”
The prisoner, In a cle musical voles
joined in the song. Deputy Wiley Bridges
adjusted tha nodgee ‘and : Wack ‘cap, Chief
Deputy; McCann pulled ' the ‘trigger and
the prisdner was dead in fqurteen minutes,
according, to Dr..M, D.-Smith and: Dr, J.
B..Wilkingon, Although hia ‘neck was not.
broken jhe dJed without aj.struggle, The
body was taken down and |dclivered to his
- {
{ aged‘ father “for, burial.?
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STRINGER, John, black, hanged Birmingham, Jefferson Co., December 17, 1903.
“John Stringer, who was a life-time convict in pratt Mines, was hanged yesterday morning
for the murder of Will O’Neall, another life-time convict in the mines. The excution was one of
the quietest and quickest ever held in the jailyard. The negro confessed to the crime a short time
before he started to the gallows, and also made a statement that he though he had been forgiven
and was going to heaven. On the gallows he was allowed to make a statement, and, in a cool and
deliberate voice, he said: ‘All want to say is that I feel God has forgiven me for all my sins and I
am going home to rest.’
“The negro went on the gallows at 11:38 and 2 % minutes later the trap was sprunhg. The
body never quivered and from the time the rope was taut it was perfectly still. The physicians
declared him dead 13 minutes after the drop. 7
“In his cell before going to the gallows, the negro said: ‘I want you newspaper men to tell
the public that I am guilty of the deed for which I am to hang. I did not intend to kill Will
O’Neall, but struck him with a knife one Sunday morning in September because he was trying to
steal $10 from me. I ran a little booth in the jail yard and Will kept books for me. One day he
took $10 and would not give it back. On Sunday morning I stabbed him in his berth and he died.
I have an old mother, a wife and a little son in Troy. J am not guilty of the crime of rape for
which I had been sentenced for life.’
“There were no ministers with the negro yesterday morning. He asked for one and an
effort was made to secure one, but it was not possible. He ate a good breakfast, and laughed and
joked with his fellow prisoners during the morning hours. He seemed to have no fear of dying.
“Stringer was 27 years old and had led a criminal life for many years. He was arrested in
Pike County on a charge of criminal assault on a negro woman and sent to the mines for life. He
had been arrested on minor charges a number of times previous to this.”-Age-Heraild,
Birmingham, AL, 12/18/1903 (2/6).
~ (85 Southern 393) £04 Mlataua dll
WILL STOVER, hanged Birmingham, Ala,, 7-16-1920
"At 12 o'clock yesterday the trap was sprung under Will Stover, negro, and while
several hundred people, among whom were a number of women, looked on he paid the penalty
for the mrder of Will Washington, negro, at Boyles some months ago,
"About 11:5 the sentenced negro was brought out, in company with Rev, Jim Persons,
negro preacher, who had been with Stover through the night. On mounting the scaffold the
preacher said: 'Stover wants me to talk of the kind treatment of thecounty, The sheriff,
Mr, “artsfield, has done everything he could for him, and the jailers and wardens have
treated him, as he said, 'as white as snow.' I wish every citizen of Jeffersouncounty
could visit the jail to tee the kind treatment. As many times as I have visited the
jail I have never heard a single curse, and I know the Jefferson county jail is a good
church for the state of Alabama,' sae
"The sheriff asked Stover if he had anything to say. The condemned man replied: "There
are many young men before me that are traveling the same road I was when I was free, and
I want to say that the end of sin is death,' Tunring to the sheriff he said: 'I want to
thank you for the way you have treated me, Mr, Hartsfield," 'Be good," he said, shaking
hands in turn with the men on the scaffold, The straps were adjusted as the county clock
struck twelve, and just after the sound had died away the trap was sprunge
"In 154 minutes the physicians pronounced the negro dead, and the body was given over to
the undertakers for burial,
"Stover was accused of the murder of Will Washington, an aged negro, ab Boyles some time
ago, Evidence at the various trials showed Stover and another negro, Alex Hill, got
Washington to go fishing with them, and killed him and robbed him of a sum of money,
Hill was sentenced to life imprisonment, but escaped and is still at large."
MOSK AGE HERALD. Birmingham, Ala., July 17, 1920
"411 Stover, negro, charged with the murder of Will Washington, another negro, Saturday
was found guilty by a gury in Judge Greene's court and sentenced to hang, The jury was
out only about two minutes, Stover is the second one convicted in the Washington
case, Alex Hill, negro, having been sentenced tonlife imprisonment, Stover, it was
charged, did the actual killing, ‘Washington was robbed of several hundred dollars
after having been slain, Judge Greene will set the date of execution early next week,"
BIRMINGHAM NEWS, May 17, 1919.
"Will Stover, negro, who was arrested at Albany on a charge of implication in the killing
of Will Washington, negro, will be brought back to Birmingham according to word received
here Friday, When Stover was first arrested local authorities were afraid they
would not get the prisoner as notice was received here that Stover was held for a murder
committed in Morgan County four years ago," BIRMINGHAM NEWS, 3-29-1919
STOVER, Will, black, hanged Birmingham, Jefferson Co., July 16, 1920.
“At 12 o’clock yesterday the trap was sprung under Will Stover, negro, and whil several
hundred people, among whom were a number of women, look on he paid the penalty for the
murder of Will Washington, negro, at Boyles some months ago.
“About 11:45 the sentenced negro was brought out, in company with Rev. Jim Persons,
negro preacher, who had been with Stover through the night. On mounting the scaffold the
preacher said: Stover wants me to talk of the kind treatment of the county. The sheriff, Mr.
Hartsfield, has done everything he could for him, and the jailers and wardens have treated him, as
he said, ‘as white as snow.’ I wish every citizen of Jefferson County could visit the jail to see the
kind treatment. As many times as I have visited the jail I have never heard a single curse, and I
know the Jefferson County Jail is a good church for the state of Alabama.
“The sheriff asked Stover if he had anything to say. The condemned man replied: ‘There
are many young men before me that are traveling the same road I was when I was free, and I want
to say that the end of sin is death.’ Turning to the sheriff, he said: ‘I want to thank you for the
way you have treated me, Mr. Hartsfield.’ ‘Be good,’ he said, shakding hands in turn with the
men on the scaffold. The straps were adjusted as the county clock struck twelve, and just after
the sound had died away the trap was sprung.
“Stover was accused of the murder of Will Washington, an aged negro, at Boyles some
time ago. Evidence at the various trials showed Stover and another negro, Alex Hill, got
Washington to go fishing with them, and killed him and robbed him of a sum of money. Hill was
sentenced to life imprisosnment, but escaped and is still at large.”-Age-Herald, Birmingham, AL,
7/17/1920.
“Will Stover, negro, charged with the murder of Will Washington, anokther negro,
Saturday was found guilty by a jury in Judge Greene’s court and sentenced to hang. The jury was
out only about two minutes. Stover is the second one convicted in the Washington case. Alex
Hill, negro, having been sentenced to life imprisonment. Stover, it was charged, did the actual
killing. Washington was robbed of several hundred dollars after having been slain. Judge Greene
will set the date of execution early next week.”-News, birmingham, AL, 5/17/1919.
“Will Stover, negro, who was arrested at Albany on a charge of implication in the killing
of Will Washington, negro, will be brought back to Birmingham according to word received here
Friday. When Stover was first arrested local authorities were afraid they could not get the
prisoner as notice was received here that Stover was held for a murder committed in Morgan
County four years ago.”-News, 3/29/1919.
STRINGER, John, black, 27, convict, hanged Birmingham, Alas, on December 17, 1903.
"John Stringer, who was a life-time convict in Pratt Mines was hanged yesterday morning
for the murder of Will O'Neall, another life-time convict in the mines, The execution
was one of the quietest and quickest ever held in the jail yard. The negro confessed
to the crime a short time before he started to the gallows and also made a statement
that he thought he had been forgiven and was going to heaven. On the gallows he was
allowed to make a statement and, in a cool and deliberate voice, he said: 'All I want
to say is that I feel God has forgiven me for all my sins and that I am going home to
rest.' The negro went to the gallows at 11:38 and 24 minutes later the trap was sprung.
The body never quivered and from the time the rope was taut it was perfectly still.
The physicians declared him dead 13 minutes after the drop.
"In his cell before going to the gallows the negro said:
"Tl want you ne@spaper men to tell the public that I am guilty of the deef for which I
am to hange I did not intend to kill Will O'Neall, but struck him with a knife one
Sunday morning in September because he was trying to steal $10 from me, I ran a little
booth in the jail yard and Will kept books for me. One day he took $10.00 and would not
give it back. On Sunday morning I stabbed him in his berth and he died. I have sent a
little money to my people in Pike County. I have an old mother, a wife, anda little
son in Troy. I am not guilty of the crime of rape for which I had been sentenced for
life.'
"There were no ministers with the negro yesterday morning. He asked for one and an
effort was made to secure one, but it was not possible. He ate a good breakfast, and
laughed and joked with his fellow prisoners during the morning hours, He seemed to
have no fear of dying. Stringer was 27 years old and had led a criminal life for many
years. He was arrested in Pike County in 1898 on a charge of criminal assault on a
negro woman and sent to the mines for life. He had been arrested on minor charges a
rae of times previous to this." AGE HERALD, Birmingham, Alabama, December 18, 1903
2206
AP
Unidentified opponents to the scheduled execution of Robert Lee Tarver Jr. hold candles as
they gather for a prayer vigil outside the Cathedral of the Immaculate Conception in Mobile
Thursday. Attorneys for Tarver Jr. appealed to the U:S. Supreme Court Thursday after the
Alabama Supreme Court rejected his pleadings. eee = ree
By ASHLEY ESTES:
Associated Press. Writer
ATMORE — The U.S: Supreme Court late
Thursday granted a stay of execution to a death
row inmate, based on his claim that death by
electrocution ~ constitutes
cruel and unusual punish-
ment.
Robert Lee Tarver, 52, was
set to die at 12:01 a.m. Friday
at Holman Prison near
Atmore for the 1984 robbery
and shooting death: of Rus-
sell County grocer Hugh
Kite.
A brief order issued about
9:15 p.m. by the entire U.S.
Supreme Court directed
Alabama to keep Tarver alive
pending court action on his:appeal.
“I expect.that this will create an. opportunity
Tarver
to further discuss whether Alabama should le:
one of the few states that continues to execute
condemned prisoners by electrocution,” said
one of Tarver’s attorneys, Bryan Stevenson of
the Equal Justice Initiative.
The court action came after Gov. Don Siegel-
man had denied Tarver’s clemency request and
igh court grants inmate a stay of execution
the Alabama Court of Criminal Appeals.and the
state Supreme Court rejected his court appeals.
Kite’s daughter and son, Coty Holmes and
Hugh Kite Jr., did not make a statement.
“T think they’re just going to go home,” said
state Prison Commissioner Mike Haley.
“What really upsets me is that I know he was:
in pain before he died,” Holmes told the Colum-
bus (Ga.) Ledger-Enquirer earlier this week.
“That man made my daddy hurt.”
Haley said state officials did not know the
reasons. behind Tarver’s 11th-hour reprieve:
Officials with the governor’s office and Attor-
ney General Bill Pryor’s office would meet on
the matter Friday and decide what action to
take, he said.
Number 358
Classifieds sssssssee.2-16-E
newspaper is:
printed on
recycled
newsprint
Volume 92 |
STRINGER, Jokm, black, 27, hanged Birmingham, Alabama, December 17, 1903.
y
page Marat 12/6/1703 (2/6)
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TAPLEY, Frank, possibly hanged Chambers Co., AL XX 1857-58
»~
aa
| Escaped from Jail
}
| We learn from the Lafuyette (Ala,) Tribune, |
“thaton the morning of the 4th instant, two prison. |
ere, towit, Jerre Bayne, charyed with the |
murder of W. H. Smith, and Frank Taply charged.
with the murder of ‘“homas Robinson, escaped |
from the Jail of Chambers County. The Sheriff
j hae offered a reward of two hundred dollurs fur
their apprehension. a |
| Jere Bayne is about twenty six yeare old, 6 feet
thigh, haw Ulack’ hair, aud when he loft wore black
| whiskera—it is suppored, however, he will shave
them off. Bayne has a sallow or dark complexion,
io rather thin vieaged very erect when standing, |
and weighs about one hundred and forty pounds. |
tle has dark grey eyes, ie rather slow spoken; and, |
when well dressed, is a inan ol propowséssing. ap-
pearance. = ot sae ae |
Frdnk Taply is about-thirty years old, five feet.
nine inches high, has dark hair, and when he left |
wore black whiskers.— He has blue eyes, ‘sllow
complexion, sharp nose, and smal! ‘bead. “ He, fe
slender, rather quick spoken and Impulsive; and,
melghs about one Hundred did twenty-five’ pounds.
—Coliimbus Sun.’ i: ae ev ee TS 9 1
|
|
{ “pre seraNe oe yt ¢
[2/24 [18S 7
po
THARY, Major, black, hanged Blba, Alabama, March 17, 1899.
Co
“he McDonald family of Geneva County took the
portunity to havea photograph made when they
Jathered for what is believed to be the last public
hanging in the county about.1899. Shown are,
front row, from left, Jake, Doashie, Tead, Charlie.
Yesteryear
Bill and Mendy; back row, Sandy, Jeffie, E. Rastus
and Alice. The Eagle would like to publish your old
photographs that are 25 years old or older. Please
submit them to The Dothan Eagle, Old Photos,
P.O. Box 1968, Dothan, Ala. 36302.
TAYLOR, Doss, black, hanged Greensboro, Alabama, 11-15-1907,
ars wigan te | Aba WE, (G0? Ota! Cate 5 POROD
. Ths Yau tern /GO7 :
trrd ¢@ertvestid ap Ge 7 ar. Che LT Ata--
| « & fcr2tEy A.
7.
i
NS call 4 :
: y
TE porbe v7 ibe les Ly ZI hee Pugh, begin Ler y te Te
Re }
og a iP Ss
— tex siwhil oe et Cle yea Eran 28 y AQ. 7 ear vem a tl. ak: G__ ae to Keg oe
i prec Tee ae Cet te” Ap a ee | hed ea ok :
nS 2) eee ih A tne. Farce —— is tte ox MLE. tio Cl ¢- 29 Penk, / JZ & AM Pal Lee pmells =
iy £ Se Bese’ I >
ew et ue ae Da an 4.2 ‘% Cm see le é << <€ 2 Zen? Zit & ALS we i fae ¢ _e S/o
pte
it Me sie ee OS 8 Se Se Ao a biggae LS Ks CUZ Cay. TA nes 2 Cay s can al oer ler rae
Ae, Lak...
i ik £; ve fd Zk Te bez me Yay He. C a q an eo fan oe 2 DM Ep od td: Ea Phi Mange, ree
are ~t_t ‘ Cl ime ni he, Lia. £ 7 a Pre C. a iy 1 ib ‘fe © te TR if Aw b4 Sb ‘ . é _2 Lg Sof t7
Py ae ge RON
Re AR MER URNA ey
an
\
Sine:
|
ISG Ne ON MO
¢
PLIQQOOOOD
+} the
| mand for seasonable goods, and
‘in part. as the result of heavy liqui
| against 126,537.690 bushels.
fetes “jor, black, hanged “lba, “labama, March 18, 1899,
hie OR Rabe Py 4 aed |
To Take Iron and Steel Prodaote
Still a Feature of the Sitaa- |
‘| | tion, Demand for i
> Spring Goode
|
{
EXPORTS OOUBLED M SIX YEARE.
illacierimeemenimmenmnent
ee glas Hf ah
New: York, /March 18—Bradstree{
trade report says:' -
Activity to/ some: directions peri
of
re
the pre-exitting conditions; and
others reflects a special impetus
tf approach of spring.
' In the iron and’’steel industries
tivity continues unabated, the upw
tendency of prices being strikingly
maintained and the eagerness of
sumers to take the prodict remaining
vochanged. © are.
The more spring-Uke Weather has
duced a greater keennese in| the
*
most sections of the country come
ports of a marked ‘activity ih jebbi
lines baving to do with dty goods, m
linery and footwear. |
-, Cotton fabrics generally are in
strong position; wool does not’ dt
play aoy animation, though prices a
maintalned.
The lumber trade exhibits every |
dication. of activity, representativ
from widely separated points ind
ing a strong demand. The’ cerea
weakened doring the week, probab
on sympathy with. wheat, wh
‘
tion In Chicago, and in part owing
Teports of the break of the drouth
California, and better news from ot
wheat-growing sections.
Since July 1 this season the expo
ot wheat aggregated 77,225,891 bus
els, against 172,620,570 bushels}
year, aod corn §127.453,.953. bus
-» ACCORDING TO DUN.
New York, March 18—R. G. Dun &
Co.'s weekly review of trade says:
_ Business this year cannot be compar
ed with any other, It can be eaid tha
peyments through the principal clear
ing bouses’ for the past week hav
been 57.4 per cent greater than in 199;
aod 45.9 per cent greater than in 180%
but that aggregates the gain in som
braaches of business, while in others |
falls far short ef the gain. Thus thb
he February exports of manu rm
products have abeat doubled sin
1862. Omitting “New © York’ cleariz
where speculation in stocks is moet ac
tive, payments through the other prin
cipal clearing houses for the same wee
show an increase of 37.6 per cent ove
1892, and 27.1 per cent over last year
Bot without regard to such details a8
{pound because nobody can guess what
Jet.
many epedating:
with orders, have advanced prices only
15, conten 08 yo es Pies:
» Wool sales at the three chief: mar.
keta have been only: 4,035,600
tie, dgainst’ 5,078,200 pounda in ‘the
were domestic, But prices are soft,
and some dealers are said to bave
yielded as much as 2 to 3 cents per
effect the sew combination may hare.
Prices are largely nominal, and yet
there is a somewhat better demand for
goods. Nor has the strong demand
for cotton been helped by the weaker
market for cotton, which has fallen to
6.37 cents ia spite of a volume of re
ports about the bad condition of the
late picked product. The price of
goods has been strongly advanced and
ts held, Dut yet depends on the price of
cotton, The market « which has‘ lost
more and which has least statistical
r to Jone ja wheat, but no estimate
of wheat in farmers’ hands March 1
would provide more than about last,
Year's exports and domestic demand to
July 1. The actual exports, fiour in-
cinded, from both coasts during the:
past two weeks bave been 7,906.938'
bushels against 7,267,892 bushels last!
year. But such éxports imply a foreixn!
demand, which is not unUkely to ex-.
‘Jast “year’s aud the corn exports’
a Iso a little larger than Jast/year,!
have been 3,350,000 bushels against 2,-:
"| $37,666 busbels last year,
Failures for the i ge have been 189!
in the United Stated against 208 last,
year, and 30 in Canada agaius¢ 27 last)
f ,
-
Dr. Bull’s Cough Bye is etill im the
lead. The people seem to like this olf reii-
able cough medicine, and we don't blame.
them; it is the bem remedy for a deep-seated
Hanged at Elba for the Marder of Mrs.
Thomas, Protested Innocence.
Special to the Birmingham News.
Elba, Ala., March 18.—Maje Terry,
colored, suffered death on the ga‘lows
here yesterday at noon. He maintain-
ed to the last that he was innoceot
and professed that his soul wae saved
and that be would go to Heaven.
Ab enormous crowd filled the town
to see the execution, which was public,
Sherif Lightner sprung the trap at 12,
and in a few moments Terry was de-
clared dead,
Terry's crime was the murder of Mra.
Thomas vear Enterprise, whose body
be attempted to burn after taking her
life, .
Discovered by a Woman.
Another great discovery bas been
made, and that too, by a lady in this
country. “Disease fastened iss clutch-
es upop her and for seven years she
withstood its severest teats. but her
vital orgass. were undermined and
death seemed Imminent. § For three
realise thnt the volume of busts {
months she coughed incessantly, ané
Sulidays' to cateh up}:
of which 2,761,900 pounds ‘were domes. |.
same week of 1802, of which 3,507,200}
\of these offictals that they were sadly
British Colambia Legislature, which, eo
The. Western receipts for the week jing miuiog iuterests generally, WMbio
tbefore the commission.
-{ can possessions were separated.
;
we» YN e%
iad vs
* at Mie tid sie :
The Joint. mami
“Attempted to’ Bettle” the
Boundary Dispate; Bat :
Were Handicapped.
ieieeetinementatemeenal
a
MUST POLICE THE AMSRICAN SIDE.
Washington, D. C, March 18—The
hostile collision between the American
and Oamadian miners reported from
Vancouver ts exacily what was appre-
hended by the representatives of the
United States government in the late
Cauadian conference. It is sald by ove
embarrassed in their efforts to settle
the Alaskaa boundary dispute by the
far from endeavoring to secure a prace-
ful adjustment of the boundary. diff.
culties bad by the passage of irritating
legislation, done much to retatd ao
agreement, ©
With jodone dificalty the joint com-
missioners bad succeeded in reaching
an agreement to which all could sub
scribe lookiog to the settlement of the
boundary question and of the conflict-
a week the Hritish Columbts Legisia-
ture bad passed au act nullifying com.
pletely all of tbe interests which Amer-
fcan mihers had so painfully and ex-
pepsively acquired in the new districts.
This caused great irritation and was
the subjece of considerable discussion
It was believed, however, that with
the ratification of the treaty, which
was expected’ to be negotiated carry-
ing with it the provision for the set-
thement of the mining controversy; the
obuoxious law would be vacated by
the superior force of the treaty. Ap-
prehensive of trouble, in the event of
the failure of that instrument, the twe
Governments, the United States and
Great Britain, reached an arrange-
ment by which the British and Amert-
The oficiala’ cannot tell from the
vague report brought by the Vaacouw
vet reports just where the collision
took place between the Americag apd
Canadians miners, ‘to it is Impossible
to tell who is at fault. It Ils said, how-
ever, that the Canadians have been
particularly aggressive in this boun-
dary matter right along; that tbey
have several times advanced the Hnes
of the boundary claimed by them, and
that in each case this extension coin-
cided of followed Very closely the dis
covery of new guld fekis in the vi-
ciaity. aa
The indications are that the United
States government will’ be obliged to
lake some steps to potice its side of the
High: Commissioners}
border in Alaska in a metbod cc
yesterday. It ts sald
to that buliding will be
the middle of April,
ernor-General ‘ wil} mec
The Cudan Generals
it fs eaid, to adopt a
It 1s polated ovt that.
it thetr duty to retora: t
are familiar with - the
Generals that the latter
infuence with the Cab
reatind the power vested
in the members of the Cr
Assembly, thes obtainin
tion of many of the memt
log the Assembly so
make It ineffectual. It ts
the Generals’ influence wi
is so great that they wi
dificulty in aceomplishin
Cetre hande ané touch
While hearts are atu
morniag.
With the re lt of Jen
: A
IN OLD MADR
Spanish Women Must
ing the Highest
Smart life js very little
streets. of Madrid. We
walk about unattended,
do more than descend fre
their carriages. Men, as
gravely polite, the best ¢
inely so, and the ethers
which dogs not very
ecratched. They stare
mance every womas whe p
ds Lyd
4 Le Sr Breer
) Pepys
} Pe a Oe Be
5 / ?
AN RTE
Ath
j MN
hat
ane 4
HA cna ii
Author of
PINEY WOOD ECHOES
CALL BACK THE TIME
THE BACK FORTY
FORGOTTEN TRAILS
COFFEE GROUNDS
HUB OF THE WIREGRASS
FROM THE BACK FORTY TO MORTGAGE HIL
bee ER ROR LE BR RK KOR KK ORR E KOR KOR KK ROR KOR KX
KKKKK KKK KKK KKK KKK KK KKK KKK KKK KK KKK KK
Printed by Hopkins Printing Company, Dothan, Alabama
19865
‘§S66QT-LI-€ S°eTY SeaTa pefuey ‘yoetq ‘uofem *AMUAL
Jim Summers was the first to mount the gallows. He made
the statement that Mitchell Wooten, who was hanged one year
before, was innocent. Summers stated, “The night of the
killings, Mitchell wouldn’t go in the house with us, and begged us
not to do it. He lay out in a fence jam while Mike and I did the
killing.” _
Sheriff Ramsey Sims sprang the trap, and Jim Summers paid
for the murder of two people. After the body was cut down and
_ Mike McCrea was being placed on the gallows, Sheriff Sims
stated, ‘Before I’ll kill another, I’ll give up my job.” Pat White,
Deputy Sheriff, stepped up and sprang the trap which killed
McCrea. :
It was said that blood stains were still visible when the
McSween house was razed in 1947.
HANGING OF MAGE TERRY
In 1896, Louis Thomas and wife, Van, lived with their four
children in a little house, four miles northeast of Enterprise,
Alabama.
Thomas secured a job with a railroad company, helping con-
struct railroads over the country. He had to be gone away from
home most of the time, and Mrs. Thomas remained at home with
her children and tended the farm while her husband was away.
She hired Mage Terry, a black man, to help her on the farm.
One night in the spring of 1896, between midnight and day,
someone broke into the Thomas house and murdered the 30 year
old wife. The killer then fired the bed upon which Mrs. Thomas
was lying, hoping to destroy the evidence of the crime. The
children were awakened and immediately put out the fire. Dis-
covering the mother had been murdered, a large posse of men
started searching for the murderer. Footprints were followed
from the Thomas home to the home of Mage Terry, who had fled
to the swamps.
The news of the awful crime spread over the county, and
38
the public was very angry. Large searching parties were scattered
all over a wide area searching for Terry.
The killer was captured by Aaron Helms, who was a bailiff in
Enterprise at that time. Bud Brooks, an old settler of Enterprise
stated, ‘After Aaron Helms captured Mage Terry, he brought him
to Enterprise on his way to Elba. I was asked by Mr. Helms to
watch the man while he walked up the street for a few minutes.
After Mr. Helms walked away the prisoner ran through the woods
and made his escape. He got away from me in front of where the
First Baptist Church now stands.”
The search for the killer became more intense all over the
country and a reward of $1000 was offered for the capture of
Mage Terry. The search continued until in August 1896.
Early one morning Mage Terry knocked on the door of
J. M. Crumpler, who lived near the line of Dale and Coffee
Counties. When Crumpler came to the door Mage said, ‘‘Mr.
Crumpler, I’se almost starved to death, and I know dem folks is
going to catch me, so I wants to give up to you so you can get the
reward.”’
Mage also said that during his four or five months of hiding
in the swamps he was forced to eat wild berries or anything he
could find to keep from starving. Crumpler hid Mage in his barn
to keep the angry mob from finding him until he could be turned
over to the law. The murderer was taken to the county jail in
Ozark, where he remained for two or three days.
J. B. Lightner, Sheriff of Coffee County, and his son, Otis,
who was deputy sheriff, were sent to Ozark to return the prisoner.
Otis Lightner stated, ‘‘When the people living around Clintonville
learned that we would bring the prisoner back through there, on
our return to Elba, they formed a mob and intended taking the
prisoner away from us. When we learned of their plans, my father
and I put Terry on the train at Ozark and brought him back to
Elba through Troy to shun the angry mob in Clintonville.”
After the prisoner was placed in jail at Elba, public sentiment
became so high that he was taken to Luverne, Alabama and placed
39
in jail to keep him from being lynched by angry mobs. He re-
_ mained in the Luverne jail for over one year. of
Mike Sollie, of Ozark, was the lawyer for Mage Terry; and,
the Circuit Judge was a Mr. Hubbard, who lived at Abbeville.
Terry was brought to trial during the fall term of court in 1897.
Hundreds of people from all over Coffee County gathered at Elba
to witness the trial. Terry was found guilty as charged and Judge
Hubbard sentenced him to be hanged, and the date was set for the
execution. People came from far and near to Elba, on the day of
the execution. |
Mike Sollie asked for a new trial for his client, and it was
granted by Judge Hubbard only a few hours before the execution
was to take place in Elba. The mail was brought to Elba by road
carts, and there would not be time to get a message to Elba by
mail before the execution, so Judge Hubbard wrote a message to
Sheriff Lightner, and sent a teenage boy from Abbeville to Elba
by horseback to deliver the message of the new trial.
The messenger arrived in Elba only two hours before the
execution was to take place. Mage Terry was slipped out the
back door of the jail by Sheriff Lightner and rushed back to the
Luverne jail for safe keeping.
The new trial was set for the fall term of court in 1898.
Again the killer was sentenced to hang for his crime.
In November 1898, Terry mounted the crude scaffold,
which was constructed on the bank of Pea River at Elba, and
paid with his life for one of the most drastic crimes ever recorded
in the history of Coffee County.
TAMING DOTHAN
' In its early history Dothan was as wild as any frontier town
in the Old West. For many years the business section of Dothan
centered around what is now the intersection of East Main and
St. Andrews streets. A town well, fire bell, and watering trough
were situated in the middle of East Main Street in front of the
40
present location of the Young Building. It was there that the
_ farmers and turpentine workers congregated to swap yarns, chew
tobacco, and whittle on the well post. A saloon handy to the spot
furnished refreshments for those who had no taste for the well
water.
The well frame was an ideal place to test hunting knives and
jack knives, and every two or three years parts of the frame had to
be replaced. This spot was also the scene of numerous fights and
brawls. A Saturday was considered dull indeed if less than three
or four fights occurred.
Travelers usually stopped at the Poplar Head spring to feed
and water their horses and refresh themselves from a jug of corn
liquor at a nearby log barroom.
On October 22, 1885, a petition was filed at Abbeville,
Henry County, Alabama, praying the Honorable Dan Gordon,
Judge of Probate to issue an order providing for articles of in-
corporation. The election was held November 10, 1885, and the
citizens voted one hundred percent that the town of Dothan be
incorporated. The next day November 11, 1885, Judge Gordon
entered’ into the records that the town of Dothan was in-
corporated.
On November 28, the voters again went to the polls and
elected the town officials. Rev. J.Z.S. Connelly was elected
mayor, John L. Strickland, town marshal, and J. M. Snead,
William J. Baxley, W. J. Jenkins, H. A. Powell, and J. F. Folkes
as councilmen.
During the next hectic months the council .drew up
ordinances in an attempt to bring the drinking and fighting under
control, but nothing seemed to help the situation.
Rev. J.Z.S. Connelly’s tour of duty as mayor was extremely
short. After the town had been incorporated and John L.
Strickland had been appointed marshal, the citizens decided that
these unlawful acts had to stop. Marshal Strickland got busy and
brought before the mayor, Jim Taylor, charging him with being
41
MAGE TERRY (Alabama )
"In 1896 Mr. Louis Thomas and wife, Van, lived with their
four children in a little house four miles northeast of Enterprise
(Alas). Mr. Thomas secured a job with a railroad company helping
construct roads over the countrye He had to be away from home most
of the time, but Mrs. Thomas remained at home with the children and
tended the farm while her husband was awaye She hired a negro man
by the name of Mage Terry to help her on the farms
"One night in the spring of 1896% between midnight and day,
Someone broke into the WMKM Thomas house and murdered the 30-yeare
old woman. The killer then fired the bed upon which Mrs.e Thomas
was lying, hoping to destroy the evidence of the crimee The chil-
dren were aWakeded and ammediatélp put out the firee
"Discovering that the mother had been murdered, a large
posse of men gathered to aid in finding the guilty persone Foote-
prints were followed from the Thomas house to that of Mage Terry,
the Negro, but he had fled to the swamps. News of the crime spread
over the county and the public became aroused over the killinge
Large searching parties were scattered all over the country search=
inf for Mage Terrye
"The killer was finally captured by Aaron Helms who was a
baliff in Enterprise at the time. Mr, bub Brooks, an old settler
of Enterprise gives the following account of the incident; ‘After
Aaron Helms captured Mage Terry, be brought him to Enterprise on his
way to Elbae I was asked by Mr, Helms to watch the negro while Mr.
Helms walked up the street a few minutes. after Mr, itelms walked
away the negro ran through the woods and made his escapee He got
away from me in front of where the Baptist church now standse!
"The sea¥ch for the killer became more intense all over the
country and areward of $1,000.00 was offered for the capture of
Mage Terrye The search continueduntil august, 1896.
"Early one morning Mage Terry knocked on the door of Je Me
Crumpler who lived near the line of Dale and Coffee Counties,
«hen Mr. Crumpler opened the door the negro suid, 'Mre Crumpler,
I'se almost starbed to death, and I know dem folks is going to
catch me, so I wants to give up so you can get the reward,!
"Mage said that during his four or five months of hiding in
the swamp he had to eat wild berries or anything he could find to
keep from starvinge Mre Crumpler hid Mage Terry in his barn to
keep the angry mob from finding him before he could be turmed over
to the lawe The murderer was then taken to the county jail at
Ozark where he remained for two or three dayS,
"Mre Je Be Lightner, sheriff of Coffee County at the time,
and his son, Otis, deputy sheriff, were sent to Ovark to return with
the prisoner, Otis Lightnor states; 'When the people around Clin-
tonville learned that we were to bring the negro back through there
on our way to Elba they formed a ob and in’ ended to take our pris-
oner away from uSe When we learned of their plans we put Mage
Terry on the train at Ozark and brought him to Elba through Troy
to shun the angry mob at Clintonville,.'?
"After the prisoner was placed in jail at Elba, public senti-
ment ran so high that he was taken to Luverne and placed in jail to
prevent his being lynched by the mob, * He remained in jail at
Luverne formore than a yeare
a
(TERRY, Mage, Continued)
"Mike Solly, of Ozark, was the lawyer for Mage Terrye The
Circuit Judge was a Mr, Hubbard, who lived at Abbeville. Mage
Terry was brought to trial in the fall term of court in 1896,
Hundreds of people from all over the country gathered in Elba to
hear the triale Judge Terry sentenced Mage Terry to be hanged and
set the day for the execution. People came from far and near on
the appointed day to soe the executione
"Mike Solly asked for a new trial for his client, and it was
granted by Judge Hubbard only a few hours before the execution was
to take place in Elba. The mail was brought to Elba in those days
by road cart, and there would not be time to get the message to the
officials before the execution, so Judge Hubbard sent a negro boy
from Abbeville to Elba by horseback to deliver the message of the
new trial, |
"The messenger arrived in Elba two hours before the time for
the executione Mage Terry was slipped out of the back door of the
jail by Sheriff Lightner and was rushed beck to the jail in Luverne
for safe keepinge
"A new trial was set for the faill term of court in 1897. MK
Again the killer was sentenced to hang for his crimwee In November
1897 Mage Terry mounted the crude scaffold on the banks of Pea
River and paid for his crime with his life."
Piney woods Echoes, 4A History of Date,and Coffee Counties, Alabama,
by Fred Se “atson, Published 1949 by The Elba Clipper, Elba, Ala.
Copyright 1949 by Fred S. watson, Enterprise, Alabama. Pages
197-2006
a ee J ees
WRITTEN IN MEMORY OF MY BROTHER
FOX HENRY BRUNSON
DEDICATED TO MY WIFE
NANCY COWART BRUNSON
ESPECIALLY WRITTEN FOR MY SONS
MARION BAILEY BRUNSON JR.
CHARLES MATTHEW BRUNSON
COPYRIGHT 1975 AND 1984 BY MARION BAILEY BRUNSON
LIBRARY OF CONGRESS CATALOG NUMBER 74-28559
FIRST EDITION. ALL RIGHTS RESERVED.
EXCEPT FOR BRIEF EXCERPTS FOR USE IN NEWS
ANNOUNCEMENTS. BOOK REVIEWS, AND
GROUP DISCUSSIONS, NO PART OF THIS BOOK
MAY BE REPRODUCED WITHOUT WRITTEN PERMIS-
SION FROM THE PUBLISHER. FOR INFORMATION,
WRITE TO PORTALS PRESS, P.O. BOX 1048,
TUSCALOOSA, ALABAMA 35408
MANUFACTURED IN
THE UNITED STATES OF AMERICA.
Pea Hiver
Reflections
Intimate Glimpses Of Area Life
During Two Centuries
by
JUDGE MARION BAILEY BRUNSON
illustrated by
MARY B. ROLLINS
THIRD EDITION
1975 - 1978 - 1984
A Portals Book
“669T ‘LT *aem S°ety feat F peSuey ‘yoetaq ‘fuofem *xwnerTy,
136 chapter 26
The Terry negroes had been brought to Coffee County by
a white family named Terry and they remained in Alabama
when the white Terry family sold their land and returned to
.Georgia. The negro family lived on the farm of Mr. Jim
Crumpler during the years that the story took place. They
were also employed by various landowners in the community.
The Terry family consisted of the parents and four grown
sons: Axom, Mage, Ben, and Manz.
One spring night in 1896, someone went into the Thomas
home and raped and murdered Mrs. Van Thomas. After the
murder had been committed, the murderer built a fire on the
victim’s stomach and set her bed on fire, attempting to burn
the evidence of the crime.
The mattress, made of feathers, began to smoke immedi-
ately and the murderer was sure he had started a successful
fire. Homer Thomas, asleep in the next room, was awakened
by the thick smoke. He thought the house was on fire. He
awakened his oldest sister, Vallie, and they carried the
other children outside the house for fresh air and safety.
When he went to free his mother from the fire, he found her
dead in the smoldering bed. Homer grabbed the kitchen water
bucket and poured the water on her body; then he ran to the
well for several more buckets of water. He was successful
in extinguishing the fire. ,
Being desperate, the Thomas children ran to the home of
their neighbors crying that someone had murdered their mother a
and burned her bed. Upon investigation, the neighbors found
that what the children had told was true. The splinters on
her stomach had gone out before they had burned her body.
By dawn, news of the hideous murder had spread. A posse
of neighborhood men gathered at the Thomas home to begin
their search. It had rained early in the night before the
murder had been committed, and footprints were easy to see
in the mud. The posse of men, led by Coffee County Sheriff
J. B. Lightner, followed the man’s tracks which led from the
Thomas home. The murderer was tracked to the Terry home,
about three-fourths of a mile away, but Mage was not there.
He had already fled into Stripling Creek, where he went into
hiding. The creek area was very thick, filled with murky
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the last hanging . 437
water. His brother Axom lived nearby and carried food to
him at night. |
News of the brutal* murder spread over Coffee County
rapidly and large search parties soon covered the area. The
citizens were angry, and for weeks public opinion ran high
about the uncaptured murderer who remained in hiding. Some
people thought that he had succeeded in running away from
Coffee County and maybe rejoining the white Terry family
in Georgia where Mage was born.
After several weeks, Mage Terry was captured along
Stripling Creek by Mr. Aaron Helms, who was a bailiff in
Enterprise. He scouted the thick creek area for days before
he was successful in the capture. After taking Mage into
custody, he was brought to Enterprise enroute to Elba to be
put in the county jail. On Main Street, about where the
present First Baptist Church is located, Mr. Helms asked
Mr. Bud Brooks of the Calvary Community to watch his
prisoner while he went into a store for a few minutes. As
soon as Mr. Helms walked away, Mage Terry leaped to free-
dom and dashed away before Mr. Brooks was able to stop
him. He followed the branch down the present-day Glover
Avenue to the bypass and on to the Enterprise Country club
area to his familiar stomping ground and hiding place.
Tension was great throughout Coffee County again and
great effort was made to recapture Mage Terry. A reward of
one thousand dollars was offered for his capture. Early one
morning, after the dogs had barked all night, Mr. Jim Crumpler
Started to his barn to feed his livestock and Mage Terry was
Waiting in front of the barn for him. He told Mr. Crumpler that
he knew he was going to be captured, and he wanted to give
himself up to him so Mr. Crumpler could collect the reward
money. For his safety from angry mobs, Mage was quickly
hidden in the barn where he had spent the night before. He
was kept there until he could be turned over to the proper
law enforcement officers.
Sheriff Lightner and his son Otis, who was deputy sheriff,
took Mage Terry to Ozark to the Dale County Jail for his
Safety. After several days, the sheriff decided it would be
Safe to return his prisoner to the Coffee County Jail in Elba.
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26
THE LAST HANGING
The Elba junction of Whitewater Creek and Pea River is
usually quiet and has been the setting for many pleasant
activities. This peaceful spot, on the Pea River side, served
as the place where the last hanging took place in Coffee
County, Alabama, on a November day in 1898. It took place
under the big oak trees near the river bank in the back yard
of the home presently owned and occupied by Mrs. Arthur
Brunson. The man who was hanged was Major (Mage) Terry
and he was hanged for one of the most notorious crimes ever
committed in Coffee County. Accounts of the bizarre murder
have been recorded and told many times.
The murder took place in the year 1896 when Louis Thom-
as, his wife Van, and their six children—Vallie, Homer,
Willie, Lena, Danny, and Nellie—lived in the Camp Ground
Or Salem Community about five miles northeast of Enterprise.
The Southwestern Railway Company was constructing the
first railroad track through Coffee County to Elba, and Louis
had a construction job with the company which was putting
down the track. This job required him to be away from home
most of the time. His wife remained at home with the chil-
dren and looked after the crop while he was away. To help
her with the farming, Mrs. Thomas hired a negro man, Mage
Terry, who lived in the community.
135
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138 chapter 26
It was learned that the people in Clintonville and New
Brockton were forming a mob to take the prisoner from the
sheriff and the deputy. They put Mage Terry on the train
in Ozark and returned to Elba by way of Troy to avoid the
mob.
Public sentiment continued to rise after the prisoner was
placed in the jail in Elba. He was taken to the Crenshaw
County Jail in Luverne for safe keeping where he remained
for more than a year. Mage Terry was brought to trial during
the fall term of court in 1897. Hundreds of people from
throughout Coffee County and southeast Alabama area gath-
ered in Elba to witness the trial. Mage Terry was sentenced
to be hanged, and a date was set for the execution.
Mike Sollie of Ozark, the lawyer for Mage Terry, asked
for a new trial for his client. The request was granted only
a few hours before the execution was to take place in Elba.
As mail was brought to Elba in those days by road carts,
there would not be enough time to notify the sheriff before
the execution. A message was written to Sheriff Lightner
telling him of the new trial. The message was sent by a
negro boy from Abbeville to Elba on horseback. The mes-
senger arrived in Elba only two hours before the execution
was scheduled to take place.
Sheriff Lightner quickly slipped the prisoner out the
back door of the jail and returned him to the Luverne Jail for
safe keeping. A new trial was scheduled for the fall term
of court in 1898 and Mage Terry was again sentenced to hang.
In November 1898, Mage Terry mounted a crude scaffold
built on the bank of Pea River and paid with his life for the
crime that he had committed.
Mrs. Van Thomas was buried in the Salem cemetery in
Coffee County. The four youngest children—Willie, Lena,
Danny, and Nellie—were taken to the Baptist Childrens Home
in Troy. Mr. Louis Thomas remarried, his wife was named
Ella. They made their home in Geneva County near Slocomb
and they had several children. Vallie Thomas, the oldest
child in the family, was reared by the Treadaway family in
Coffee County. She married Amp Patterson and lived near
her father in Geneva County, in the vicinity of Slocomb, and
Sashes it ip i St
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the last hanging 139
had two children.
Homer Thomas was reared by the family of Mr. Henry
Hudson near Mt. Liberty Church. He married Abbie Leger,
a daughter of Jeff Leger of Coffee County. Homer farmed
in’ Coffee County for a number of years later moving to
Geneva County, where he and Abbie lived in the Chancellor
They had- a family of ten children, of whom
Pearl Thomas married Arimus Chancellor and continues to
make her home in Chancellor. Abbie Thomas preceded her
husband in death many years. Homer Thomas died at the
age of eighty-eight in December 1972, They are both buried
in El Bethel cemetery in Geneva County south of Chancellor,
Alabama.
\
CHAPTER ELEVEN
The Devil's Disciple
oe Thomas took a swig of “rotgut” whis-
key from the bottle that lay beside him and licked his lips to
savor the last drop as it ran down his chin. He reaffirmed his
intentions to carry out what he had set out to do the previous
day, August 8, 1921, when he was interrupted by some people
passing by in a wagon.
Clyde was what Southerners called a ginger-colored negro.
He was 33 years old when he added to the county’s reputation of
“Bloody Bibb” by making it even bloodier.
Clyde watched while his prey played her organ. His vantage
point was in the shadows of John and Lula Wallace’s home. He
had lusted after Annie Lee Wallace for weeks, filled with de-
sires to rape and murder the white girl.
Annie Lee was 15 years old and had auburn hair and a
creamy peach complexion. She had spent the day that was to
be her last at a singing school she was attending. She knew
nothing of Clyde Thomas’ perverted ideas as she skipped
along the road to her house singing gleefully the song she had
learned at school that day.
Clyde lay in wait for his prey, having missed his opportunity
the day before. He was hidden in a small grove of woods beside
the road that Annie Lee was now skipping along.
The little girl suddenly noticed the negro she recognized as
being Clyde Thomas emerge from the woods. He smiled at her
in a way that made her blood run cold. As she drew nearer,
Clyde asked if he could look at her singing books that she was
carrying. The frightened girl sensed that the negro had been
drinking, but the thing that scared her most was the sinister
way in which he glared at her.
Annie Lee replied that no, he could not see her books and
84
From "Bloody Bibb" by Elam - My Library
started running for her house trying to escape. Clyde caught
her, though, and dragged her into the woods. The poor little girl
cried out in desperation, but nobody was near to hear her pleas
for help. The deranged man choked his victim’s screams off un-
til her neck was broken. He then brutally raped her. It was later
ascertained that Annie Lee’s body was covered with teeth
marks. The flesh was also torn from her hands as she hung to
bushes and vines in vain when she had been dragged into the
woods.
Clyde fled the scene of the brutal murder and returned to his
home in the negro quarters at Randolph where the Southern
Railroad Company had built shacks for its employees.
Later that afternoon, an alarm was spread that Annie Lee
was missing. Her brother, Gaston, and several other men re-
traced her path to school. In their search, Gaston noticed an
area on the road where the dirt was disturbed. He followed the
signs of struggle and was sick when he discovered his sister’s
body about one hundred yards from the edge of the road.
Throughout the night, men volunteered in shifts to ride the
roads between Centreville and the scene of the devastation in
search of any clues that might surface. The local citizens were
outraged at the murder and vowed to catch the brute as soon as
possible. Bibb County Sheriff Huey Woods and former sheriff
Charlie Oakely worked around the clock checking various peo-
ple for alibis.
Clyde Thomas offered his support when he brought several
negroes before the lawmen for examination. Men gathered in
groups around bonfires throughout the night loudly discussing
the heinous murder. One man in the crowd, E. D. Brown, noted
that Clyde Thomas was going from crowd to crowd supposedly
trying to piece the evidence together. He was carrying a “buck-
eye lantern,” which consisted of a reflector fitted to the side in
order to serve as a spotlight. This bright lantern drew attention
- to the fact that he was busy acting as a “detective.” His move-
ments caused concern and suspicion to be focused on him by
members of the posse. However, some of the men present de-
fended Clyde by insisting that he was only trying to help. As
the expression went, Clyde was a “white man’s negro.”
About one year prior to this incident, Clyde suffered the loss
of one of his eyes while working for Southern Railroad. Gaston
Wallace and he worked together and were “great friends.” Gas-
85
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ton urged Clyde to have an artificial eye put in at the compa-
ny’s expense. Clyde was finally persuaded to go through with
the operation. It was a success, and the eye looked as real and
natural as his good eye.
Sheriff Woods declared to the posse that they would probably
find a half-witted negro guilty of the horrible murder and sex-
ual attack of Annie Lee. Following this presumption, authori-
ties examined the shoes and clothing of every negro in the
Randolph negro quarters, including a hurried check of Clyde
Thomas. Nothing was found, however.
The night after the crime, many innocent negroes were
beaten by drunkened white men who had hopes of gaining a
confession. The next few days and nights were dangerous for
anyone to be on the streets of Randolph. No man went without
his gun on his side. Feelings were running high as it was re-
vealed that Annie Lee had died with tears on her cheeks as she
fought with all her strength against the brute who choked the
life out of her.
After almost one week of sifting through the limited evidence
they had, tired officers decided to check the negro section once
more. One piece of evidence they had was a small strip of
leather that looked like it had been torn from someone’s shoe. It
had evidently been lost by the murderer. The leather was taken
to a cobbler by the name of Wolfe who did all of that type of work
in and around Randolph. When he was shown the piece of
leather recovered from the crime scene, he looked it over for a
few minutes and then declared, “That looks like a piece of
leather I put on Clyde Thomas’ shoe”
Sheriff Woods sent deputies Ben Griffin and Charlie Oakley
to Randolph to apprehend Clyde Thomas for questioning. An
old building had been selected as headquarters for the investi-
gation, and the suspect was taken there for interrogation. The
word had gotten out that the sheriff was bringing someone in
for questioning, and a crowd immediately gathered outside the
old building. According to J.C. Wallace, Annie Lee’s brother,
the crowd numbered close to sixty men.
When Clyde was seated for questioning, he pulled an apple
from his lunch pail and began munching on it. Clyde had been
taken from his job by the deputies, and J. C. had accompanied
him. Clyde now glared at the white man with hate in his eyes.
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J.C. later said that he knew at that instance that Clyde
Thomas was the man who had murdered his little sister. In fact,
J. C. stated that he had been suspicious of Clyde from the be-
ginning. He said that Jesus Christ had come to him in a vision
as plain as the day and had told him that Clyde was the guilty
arty.
c Atte Clyde glared at J. C. so hatefully, he dropped his head.
J.C. grabbed a double-barrel hammerless shotgun and
snapped it in the back of the suspect's head. The angry man was
not familiar with the new hammerless type gun and did not
know how to flip the safety button off. This was the only thing
that saved Clyde Thomas’ life!
Suddenly Charlie Oakley, who worked as a special deputy for
Southern Railroad, jumped from the window shouting to the
men outside that Clyde Thomas was the guilty man and that he
should be hanged on the spot. There remained a little doubt,
however, in some of the men’s minds; and, Clyde was not
hanged. Instead he was taken to the Bibb County Jail in Cen-
treville.
Sheriff Woods and deputies Griffin and Oakley then returned
to Randolph to question Clyde’s wife. She told them that her
husband had been a “different negro” since the crime, and that
he had acted suspiciously by hiding a pair of his shoes under the
house behind the chimney. The officers confiscated the shoes
and found that the piece of leather recovered from the crime
scene fit one of Clyde’s shoes perfectly.
When he was confronted with this evidence, Clyde tried to
lay the blame on another negro who was in jail at the time. This
did not work, though, because his wife came forward and
pointed an accusing finger in his face hollering that she had
seen him hide the shoes!
With this, Clyde broke down and confessed to strangling and
raping Annie Lee Wallace. He said that he had talked to God
~ and the Devil about his desires for the little girl. When this
brought more anger from the white men, Clyde said hastily
that he had been drinking the day of the murder and rape and
that the whiskey was to be blamed for his actions.
In confessing the crime to Sheriff Woods, Clyde pleaded with
him to stay by his side until his grave claimed him because he
was terrified that the outraged mob of white men would get
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