Mississippi, M-P, 1845-1986, Undated

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a i 178 SOUTIL OF INEEDOM Pe cree nun! ‘Tum nen vAMPInel 179 ay " |

: Yas > a ee Roane ||

dha) Aes Phys wat
ts bias ae Laurol, Aflor cheeklng my Inggage on to Now Orlonns sot .. : A nola sho gave him asking for a date whon McGoo worked {i iW

bie peat would have nothing lo pravent a hasty departure, Eo sot of i at n Alliage station, ‘That was hoforo MeGen was In tho anny.” Wh i!
f poe AE thromgh the town, trying to And out what the ordinary Nogra i an “Did anybody else know about this note?” fat u
baat Seas | ay. know and beloved about.tho Willlo MeGoo caso, aa: “Soveral mon elalmod they did, And then, after McGeo Hi I
i eae & uns . For tho aftornoon, I wasn “rospoctablo" Nogro, £ clonnod | -enmo back this woman was supposed to bo giving notes lo tho Ee §:
He toycee, o> up in the rear of a Ito café, whore I put on the Uo that IT” N°. eolored gal that worked next door—notes for McGee.” {4 He
A porn was carrying in my pocket. I found a barbershop and had my “Who Ives next door, and who is the colored woman who et
rise fs.) shoes shined. Then-I rambled through tho Negro section of carried the notes?” vis
if [ee “y, Laurel, a town of about twenty-five thousand persons, of whom “4 “I beliove it is a Miss Jansen who lives next door. I don’t iW .
ii ferhsrS“s nearly one third are Negrocs. - know a thing about this colored girl.” ie
phiS us." s T showed a Negro teacher a card identifying me as an / “If there was such general knowledge among you and other ie
eet NAACP, official. I said that, as a member of the Minne- . Negroes, why wasn’t it brought out in the Srst trial?” z
.7 coe apolis branch and Minnesota Conference of the N.A.A.C.P., “too. “Listen, mister, I been in Laurel a long time. I can tell oF
; f “was personally interested in the McGce case and rumors that — 4) you that with that howling mob outside, no Negro was going :

' th it was a frame-up. ce to get up in court and swear that he knew of any Negro slcep- bs it
} : “Well, it was pretty much whispered around among Negroes ; ing with a white woman. That mob would have ripped McGee hi
I | since 1942 that McGee was going to get in trouble with that to picces and done the same for any Negro who claimed to 14

. woman,” said the tencher, | _ know of such goings-on without tipping off the white folks, You i
Hn “You say ‘whispered around’; who knew about it for sure?” | know, it’s kinda liko admitting to being an accessory before the ae
fr “Well, I supposo that gang McGce ran around with. But | fact, or somcthing.” | *
gabe _ their word ain’t worth a damn, There was so much talk | “It seems to me that if it was such general knowledge among yy
A ey among other pcople that I figure where there’s smoko there’s Negroes, some of the whites would have known it.” : ‘
+e a little fire.” . . “Yeah, it does. But you sce, these white folks don’t belicve ne pk ‘
t a “When did you first hear talk of this?” . | anything like that goes on. They just refuse to believe that any es
mt “Most of the colored folks were talking about it the day this white woman would want to lay with a Negro, And if she docs, a
" McGco was locked up—that was in 1945,” ee it ain’t voluntary, It’s rape. If you’d ever lived any time in the ee
a “Isn't it possiblo that this rumor was started by Communists?? South, you’d know what I mean.” 4 |
fi { “These people they’ro calling Communists hadn’t even © ° . “Yooh... yeah, Perhaps I would,” I replicd, “By the way, ee
7 ae heard of tho enso then, Theso wero local Negroos talking, And ~ what about this confession that McGee is supposed to have a
i hr +. Hston, It's tough onough boing a Nogro in MisstssIppt without = | mado? I got damned sick of having to defend every Negro, be
Sees boing a Rod. I don’t think you'll find any Nogro Communists». giulty or innocont, What about this confession?” pore
Stee: horo. - “Well,” ho sald, “McGeo sald they bent him to get it
b i I nskod a Negro professtonal man Jf ho had heard anything rt Frankly, I don't sco how anybody can doubt that.”

SP ot About aupposod fllolt relations betwoon MoGoo and tho al- | This Nogro’a Inclination to hollove that McGee was beaten
73 Gite loge rapo-victim, od ! | was basod on his knowledgo of pollco tactles In Misslastppl,
: eae Who this follow waa frat locked up there waa tntk about whore Th ie not imoammon for “a lite: prossure” to bo aps

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AOUTIL OF FMMDOM

ve to Nogro auspocts, On uy 24, 1051, the natlon Jonrnod .

rom Sherllf Coorg Marahall at Tndtanata, Migaladppt that a
private dotoottye and a deputy dhol heat theea Noyrood intl
they confogod (oa mmrdor that mover ecourred, Muvxhiall
) antd ho assumed that Dotoetlve Charlos Underwood tnd Dep-
“oe aty G. TL Sheffold “used a leathor strap” to work out tho
foonfosston,” In which ono of the Nogroes sald thoy killed a
man, missing at tho timo, by hitting hin In tho head, As It
turned out, the missing man was In Kast St. Louis, Hlnois,

“One more question,” I continued. “It scems that McGce is 4

certain to dic unless somcone believes that story. Do you think
you or any of the other colored would tell the court what
you've told me—to save McGee's lif?”

“Well, I hate to sce a man die for nothing, if McGee is
innocent. But any way you look at it, he was a fool. As for
me, I’ve got to live here. I can’t afford to be accused of playing
ball with the Commies. I say that no colored person in town
_ is going to open his mouth in public.” _ |
_ “Suppose some paper wrote up what you've told me—would
you back it up?” — .

' “What do you mean, some paper?”
“Oh, some non-Communist daily newspaper.”

“Well, as I said, I’ve got to live here. No daily newspaper is .

gonna feed my family, Nobody can quote me on nothing.” -
I walked away from him into the growing darkness. It was
much colder than I had anticipated. The air smelled of an

odor that I had not known since those autumns in Tennessce |
_ when everything smelled of football, I could breathe and trace - rer

tho air to what I thought was the bottom of my stomach, It
was so empty that I swore I could feel the cool atmosphere
bounce around in Jt, That was the way 1 used to feel after
football practico in McMinnvillo, In those days 1 had to raco
my brother, Charles, homo, for he watched until the final play
of practice and then dashed for tho lion's sharo of the supper
my mothor had saved for us,

Dut thoro was no suppor to rush to In Laurol, 1 wont Into

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non} ve amp vane 181,

a funky café In which T filled up on choose crackers, on pons
nite (hiatal have heen detlyerod the day tho anetont aide
ture was bollt, and on two bottler oF ortnayte pap,

Etc anertiiood the warmth of a to and buttoned ahlet eothar
hy order to look tke the wandorliyg, Jobloss sentawage that 1
would pretend to be that nfght until my traln left for New
Orlenhs, | wanted to sea what somo of Laurel's “nobodtes”
know about Willlo McGeo, with whom they supposedly were
on rather closo terms, I sat munching on the crackers and
feeding coins into a jukcbox that was loaded with blues and
a few religious songs. I played a number by Leadbelly until
I thought that “loncsome train” would sweep right through the
joint and take my weary soul away. I pretended to enjoy the
record, however, and tried to act the part of the most casual
hobo ever weaved into musical legend by Leadbelly. I rubbed
my face and felt the black sharp stubble. It felt the same as on
a lazy day off in Minneapolis, so I could say to mysclf confi-
dently: “Brother, you must look like hell.”

I watched each person enter the café, All the time I was
“casing” the joint, trying to delermine where the doors were
and what took place behind them. The wall was lined with
cards advertising soft drinks. Just over me was a make of cal-
endar that I hadn’t seen since I left the South. Advertised on it
were Cardui, something supposedly of interest to women, and

. Black Draught, a concoction I once sampled out of youthful
curiosity and ended up missing a baseball game because of tem-
porary residence in the privy. For a few moments I was caught
in the nostalgia generated by the calendar’s little flags, whose
colors indicated the weather for the particular date, It had
always fascinated me that the calendarmaker would predict the
weather for moro than a year ahead, not even bothering to
make geographical allowances,

Tho place was getting nolsy now, Cigarette smoke began to
swirl around the yellow, flyspecked light bulb; it half hid the
cobwebs that draped from tho wall to tho soft-drink cards,
giving tho ilusion that thoy supported the placards, Botwoon

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“ 176 AOUTIL OF FNMEDOM ons NUNIT rit np VAMPUUL

rofusod to revlow Th ‘Tho Mississippt courts thon sot WilTlo

‘th tdor whieh the telat waa eonduetod, the Mlagaalppt
or Suprema Court ordered a now tral, :
Soo Wiryshatred Wille MeGoo prot a mow telat at Einttlosbury, r
Jot, thirty milos away, Anothor allavhito Jury hastily found him candidate for Vieo Prostdent tn 1048, and to ask him to yrant

A dotamition organized hy the Glytl Hjghty Gonggess wont to |

guilly and ho was again sentenced to dio, A national storm of clemency lo McGeo, Aware that tho delegation was comlag, }

Jackson to plead with Govornor Mloldlag Writ, Distecrat

vie ‘protest beyan to mount, People who had no fecling that Me- | the Jackson Dally News played hard on the angle that the Con.
Ms Geo might bo Innocent denounced brutal police tactles; oven Bere us gress Is labolod as a Communist-front group, Inn fro-cathiys, ‘a
- 1. ff MeGco wero guilty, they cried, the enso showed unequal | front-page editortal, the Daily News shouted: “Why tho hell I
Hig 2" gpplication of tho law at best, for never in tho history of the go to Korea to shoot Communists when the hunting js good
state had a whito man been sentenced to dic for rape. McGee's on home grounds?” Hoodlums were quick to get the idea, and a4
supporters argued that Negrocs had been kept off the jury pan- a crowd was at the state capital to jeer as the delegation ar-
els, and asked for a new trial. Because of several United States". rived. Police went on a “twenty-four-hour alcrt.”
i“ Supreme+Court decisions holding that Negroes cannot legally pe The pleading was futile. A Chicago member of the Congress
yy be excluded from such jury panels, the new trial was granted. and a white Mississippian who served as one of McGce’s attor-
2 | By this time Willie McGce was losing much of his normal neys decided to rush to Washington to plead with Justice
support, simply to the wear of time. Moro important, the Com- Harold Burton. They were sect upon by a mob at the Jackson
munist vultures were moving in. The Civil Rights Congress, airport. Aubrey Grossman, organizational secretary for the r}

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Jabeled as a Communist-front organization by the United
States Attorney General, was running the show. The Reds,
shedding crocodile tears, put a fatal “curse” on McGce, for non-
Communist liberals began to shy away. A Negro leader ex-
plained that the “case would warrant the support of the gen-
cral public, but because the Communists are connected with
it, the pcople aro afraid to say anything.”

In July of 1948, Negroes were sworn in as jury-panel mem- _

bers for the first time in the history of Jones County. Three
- Negroes were sclected as jurors, and McGee again was con-
—victed, Despite tho ery of “unequal application” of tho Jaw,
Circuit Court Judgo F. Burkitt Collins sentenced McGco to

‘, > death for tho third timo. All this time Willlo McGco had been

silent on the advice of his attorncys. !

The execution was delayed as the caso was appealed to theo |

Mississipp! Supromo Court, which upheld tho verdict, Tho enso
thon was taken to tho Unitod Statos Supromo Court, which

Congress, returned to his Jackson hotel room and found six
men waiting for him. They beat him. Stephen Fischer, re-
porter for the New York Daily Compass, which had run a
scrics of articles on the affair, as told by Mrs. Rosalie McGce,
the doomed man’s wife, “got slugged pretty hard” at the train
station when twenty men attacked him. Police rushed Fischer
out of town,

Twelve hours before McGee was to die, Burlon granted a
stay until the whole court could mect in the fall and decide
whether to review the case. His action met with considerable
disapproval in Mississippi, whero Wright saw it as assisting
a “Communist plot to destroy our judicial system.” Judge

Collins screamed that there was “no precedent whatsoever” for

this “outside meddling” by Burton.

McGco’s attorney's talked of new evidence, of which they
had moro than broadly hinted during tho third trial, Tt was
my curlosity about this “now evidence” that really lured mo to

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SOUTIL OF FATEDOM

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socords on the over-lond Jukebox tho splatter of greasa soundod
over the hubbab of human ohtt-ehat, A atubnoged woman was |
+ frying, bologna. L notleod that a heavyset woman with short,

nappy halr and very bad skin was oying mo as L pumped an-
‘othor quarter Into the Jukebox. I realized that I was showing
too much disregard for moncy to bo a bounder looking for a

"Job, I Jabbed ono hand down deop Into ono pockct as If to say |
“+ that had como to monoy’s end, Sho sidled over to whoro I

stood reading song tlulcs.

“You're new around hero, ain’t you, pretty boy?” she asked, 2S

“her foul breath almost flooring mo.

“Naw, this is home,” I replied. “Anywhere a freight train .

slows down cnough for me to get one foot on carth is home to

_. me.” I walked away, hoping that she was easily offended. With
'° the pockmarked face, the bulging belly, and breasts that
- sagged down to her waist, she was miscrable just to obscrvo, _

Jct alone converse with.
“Whatcha know, Joc?” I snapped recklessly as I paused at
a tablo where two men in their carly thirtics sat, drinking

~ what I thought were Cokes. One replicd in toncs that didn’t ©

exactly lay out the welcome mat. J sat down anyhow and asked

them how easy it was to get a job in Laurel. “They told me up —

yonder no’th uv here that Laurel’s got morc plants'n’ an

town in Mississippt,” I added.
“Yonh, they got a few jobs here. Where you frome”
“J came down from Mcridian, Say, uh...”

“Meridian? I got people there. Do you know... ?” |

“Naw, I’m sure I don’t. I just stopped over in Meridian.
from Nashville,” I Interrupted, “I skipped out of Nashwvillo

when a whito chippy threatencd to make it hot for mo,” °

whoso artificially straightoned halr hung down on tho collar of

his leathor jacket. Ho pullod an Old Granddad bottle from

undor tho table and
hottle,
“Willlo who? What do you monn, mo and WillloP” L asked,

pourod a slug of whisky Into his Coko

wt tin LRN Fa ENS Se

“You and Willic, huh?” sald tho thin, brown-skinned Nogro, 4

Mem Re

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CHEN AN KR. Melt SUA Ral ain ph eta igi

NUN] ‘Pu ED VAMLIN

“You and Willa McGeo, Say, got yo'solf a Coke and taka

roma of Chis”
“Man, Old Granddad Is a Ilttle rch for my blood, 1 hoon

drunk threo days of plain old rotgut, Say, who's this Willlo

McGco?” |

“Granddad, hell. This ain’t nothin’ but rotgut liquor—just
plain old Jo Splo,” said this tallor Nogro, who seemed to do
most of tho talking. I looked at his long hand with the ovor-
sized Anger-joints and assumed that the work ho did wasn't
brainwork. Ilis incessant drumming on the table drew my at-
tention to his filthy nails; his chatter about tho liquor, using
the terminology for bootleg booze that I had not heard for
years, turned something over inside me.

“Who's this Willie McGee?” I repeated.

“Ain't you heard of Willie McGce?” asked the heavyset,
darker Negro, who wore a cotton, sweatcr-type jacket tucked
into his overalls, He kept fumbling with a pencil in the bib
pocket of the overalls, “ITe’s the guy that fooled around and got
accused of raping some white woman. Man, ain't you never

heard of Willie McGee?”
“Scoms to me as I read a little or sumpin’ in the Pittsburgh

| Courier,” I replied, “I don’t read nothin’ much. You say he

got messed up with some white woman?”

“Yeah, and he’s sho gonna get burnt fo’ it,” broke in the
tall man, “Just tough titty, I say, Just tough titty, Oughta had
more damn sense. Now take me, I was down by Masonite the
other day and one of the whito girls—I come in contact with
a lot of ’em down by Masonite—asked me if it’s true that cullod
men aro hell on whoels ’tween shects, like they say. That's
how sho put it, ‘holl on wheels ’tweon tho shecls,’ just as bold
and unconcerned as anything, I told hor that being a man I
aln’t got no way of knowing "bout cullod men, I don’t know
what she’s got in mind, but I ain't fo’ it, Theso crackers’ll
nover git to mako no light bulb out of my ass,” |

“Where'd ya say this all happenod?” T asked, |

“Down by Masontto.”

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PP cag Sd J. The state had introduced
ce and rested. The evidence
showed that death was caused by No. 4 shot
from a Shotgun cartridge, and circumstances
by testimony, which, if believed made de
fendant’s guilt quite apparent. But ‘te mo-
ive for the crime whatever appears in the
case, and it does appear that all the witnesses
eye at the final trial that they saw the
nia with a shotgun going towards the
nie e ol on tragedy, and saw him running
n the scene with the gun immediately aft:
er the explosion was heard, had all suid at
the inquest that they did not see any one
with a gun, but the jury believed the last
statement, and, from the whole case, we can-
hot say they were manifestly wrong After
the state rested, the defense—all the pore
ridges in the house (25) having been satisfae-
torily accounted for except 1—introduced tes-
timony to show that a rabbit had been on
the stune day, shot with that missing cart:
ridge. When the defense rested, the state re-
butted by evidence that the rabbit was seen
that its head was gone, and that there were
no shot marks to be seen. The fact that the
rabbit had been shot, and shot in aa head
only, had been previously developed from the
witnesses for the defense when they were
put on the stand after the state first rested.
Now, after the state rested from its rebuttal
testimony, the defendant introduced Georgie
Scott, who was asked to tell all he knew
about the killing of the rabbit; to which ques

reversing the case. Th i
ase, e case is not reversed : g
because of : ‘dou [tee eee Se ieee
—— SB nicitrgn of the court below, the cause will not agence ee ee
itself says that, unless Craig | U¥e is shown, ¢ Il the witnesses why tr
to at, ss Craig iv shown, and all the witnesses who ¢
is made a party, the bill should be dismissea paar to having seen the defendant a we r
. eee court's action, therefore, was cor- | peor A oe ie ins ec shige
rect. raig w ‘ . Fp gelig ‘fore its comimissi run
to mak pi? was not a party, nor was leave | #Way therefrom after agp «ga funuins
ake him one refused, because no such testified at the inquest that tl ot bres
leave was asked. 'T . such | any one with Se eee ae
mal hi asked. The court below could not 2. Dete nda ns ea h
ve hie na, e ; 4 -. “ndant in a icide ens ,
if it could the oats. of its own motion, or, | Satisfactorily accounted: for ail the oa
, the failure so to do was not error, | C2! ttidses in his house ex introditee
ud as of CoFendger s se exce > rod ue
Upon w hat theory, then, is this case jivive: <a that, a rabbit bad Sept chor sei ake
pe ane recognize the rule that, where an and the uate te oa = pon Pande Besa ite
yellate court reverse ne A chohiee ridence ce
appel preg pen the decision of the oe oe rabbit was found wie its ¥ pow,
rt, S hot uncommon to dir Sud tat there were : Fon its body
rect it > Were no shot marks on its br
os rere - allow amendments; but we in- odip Pens 5 i inn ~~ rabbit ha
sis 8 not the practice to reyer j ietuebint toda
é ‘verse a judg- | refuse to allow defendant to itkuee ge
cian te : et i defendant ska w. 33 W
- =o no sree is found therein, simply - —_— nbout the Renae or se venue, be
‘ party an opportunity to ne state had closed its -r fie i *
1 : J make | sine = sed its rebutting testim:
amendments which he did not ask for in the jerapen Oy roa wilees png given in et
“Ca + j f t nid = : :
kiionig of the proceedings. In some of the | fered ‘at that time, ne
states the rule is to the contrary, but i ind, Where the shooti it j i
pebenuiee c. y, but it is | ing homicide eas oting of a rabbit is an issue
- e statute expressly confers such eartridge po Viti Dew ihe, disposition of ¢
ig upon the court. We call your atten- | Were on the rabbit's bode og’ Soel t aie
ve : ) Z ; 0dY, e re ~
py = — to 1 Ene. PL & Prac. pp. kill; itness to state what - Bix nagetiedeys
’ S, and cases cited. In conelusi beet ee ; Y
x : sles we | iene rabbit is mrmiess, where he is a}
desire to call your honors’ attention to thi | a that ft me ona ate comme’ = vn
pss Aaa br o this | and that it was shot through > rabbit,
= 7 nen Lhe defendants (appellees) | he cut off and threw to fey Ang head, which
d no le right to amend tl in <
; le complain- A i ° i
ant’s (appellant's) bill. All they could ye | ty; tx ene — a
was to raise the point,—br ’ fi | on arte
: »—bring it before the | | Willia 5
: | m McCulloug 4 . i
— of complainant and the court,— | der, and he appes — air Sr eas ai
and, if an amendment was necessary let | 3 ieee
complainant do it. They were not neg: | M vides te Be ener OF appellant. Monroe
gent; and yet, because the complainant did vere Dae RR, Be the tinea
ty see proper to ask that the amendment
+4 made, they must be mulcted in the costs
of this appeal. It seems to us, therefore
per inasmuch as there was no error in the |
action of the court below
v, the judgm
should be aflirmed.” —
; If appellant should have bad opportunity |
a the court below to amend his bill, and had
me fused or neglected to do so, we should af-
firm the decree. But the case was decided
in the court below upon its merits, and with-
out any suspicion on the part of the plaintiff
that there was defect of parties. We here
on appeal, refuse to consider his case upon
its merits, or to review the decision of the
chancellor, because we think all necessary
parties have not been brought before the
court. It would be unfair to the plaintiff
to turn him out of court without an op-
portunity to present his case upon its merits |
when a decision upon its merits is first re-
fused for want of necessary parties in the
appellate court. The suggesti
' suggestion of erro
overruled. °

McCULLOUGH vy. STATE.
(Supreme Court of Mississippi. Nov. 12, 1900.)
HOMICIDE—SUFFICIENCY 0 y

i $s JENC FE —
TRADICTORY TESTIMONY -EVIDUNGE OO
ae —ADMISSIBILITY. °
+ Where the evidence in a homicide ease i
pier if believed by the jury, to Grew that
deceased was killed by a shot fired from a shot-

IRIN Se nie woe:

tna RIS Na elegy

Visa)

4en the court sustained—and properly sustain-
ef-an objection. The whole matter had been
eetified about, and all the testimony should
tore been produced then, and this general
gestion was properly excluded. Neverthe-
wes the court allowed this witness to testify
at he cleaned the rabbit about 2 o’clock on
me day of the homicide, and that it was shot
@rough the head, which he cut off and threw
wthe dogs. So, in any view, defendant could
wt have been harmed. HExecution is now fix-
ei for January 5, 1901, between 11 o’clock
« m. and 4 o’clock- p. m., in the manner and
st the place prescribed by law. Affirmed.

——————

sTAINBACK vy. MAYOR, ETC., OF CITY OF
MERIDIAN.

®apreme Court of Mississippi. Nov. 26, 1900.)

WUNICIPAL CORPORATIONS — NEGLIGENCE —
FAILURE TO CONSTRUCT BRIDGE—DEC-
LARATION—SUFFICIENCY.

A declaration in an action against a city
sleged that a bridge over a ditch in a thickly-
ahabited portion of the city, which was used
ty the public and by school children, was re~
weved, and the ditch widened, and dug to the
fepth of 10 or 12 feet, and that the city failed
e replace the bridge, but negligently placed
se or two planks, 8 or 10 inches wide, over
he ditel, without fastening the ends thereof,
end that, after it had remained in stich condi-
tien for six months, the plaintiff, who was a
minor, without knowledge of the danger, fell
ts the bottom of the ditch, and réceived severe
injuries by a plank turning while she was cross-
ing on her way to school. Held, that the dec-
‘aration stated.a cause of action, and was not
femurrable for want of facts showing negli-
gence of the city.

STAINBACK y. MAYOR, ETC., OF CITY OF MERIDIAN.

M47

foot in passing from one portion of the city
to another; that for some years before the
7th day of March, 1898 (the date of the acci-
dent), Fourteenth street, between Seven-
teenth and Eighteenth avenues, had travers-
ing it, at a point between Seventeenth and
Highteenth avenues, a large drain or ditch,
over which the defendant maintained a wood-
en bridge or cover, which was used by pedes-
trians and vehicles passing along the streets,
that some six or eight months before the hap-
pening of the injury the defendant had moved
said wooden bridge, and had excavated and
enlarged said ditch where it crosses said
Fourteenth street; that the excavation ex-
tended in width 8 or 10 feet, and in depth
10 or 12 feet, and that after the ditch was
excavated the defendant walled it up from
one side to the other with stone; that said
defendant well knowing that said street had
been and was used daily as a public thorough-
fare in said city of Meridian by persons pass-
ing along that portion of said city on foot
and in vehicles, and the defendant well know-
ing that.said street at said point was especial-
ly used by school children attending the
schools of the city on foot, and upon the com-
pletion of said excavation, and upon having
the same walled up with stone, in order to
provide for foot passengers passing along
said street, carelessly and negligently caused
one or two planks, of the width each of 10
or 12 inches, to be laid across said ditch as
and for a walkway; that the city carelessly
and negligently failed and refused to have
said planks so laid across said ditch fastened
at either end, and carelessly and negligently

Appeal from circuit court, Lauderdale coun-
fy: G. Q. Hall, Judge.

Action by Ida Stainback, by a next friend,
0 F. Stainback, against the mayor and
wards of councilmen and aldermen of the
aly of Meridian. From a judgment sustain-
ing a demurrer for the declaration, the plain-
‘ff appeals. Reversed.

Ida Stainback, a minor, by next friend,
hronght suit against the mayor and boards of
councilmen and aldermen of Meridian, Miss.,
for damages for personal injuries sustained
by reason of a fall into a drain across one of
the streets of said city, while attempting to
(Toss on some plank that had been placed
across the drain by the city authorities. The
declaration alleges that for some years before
the 7th day of March, 1898, the streets and
avenues where the accident is alleged to have
happened were streets and avenues in the city
of Meridian, and that it was the duty of the
defendant, as a municipal corporation, to keep
and maintain the streets and sidewalks in a
Proper and safe condition for use for pedes-
frians passing over and along said streets
and avenues; that the accident occurred on
Fourteenth street, between Seventeenth and
Eighteenth avenues, and that said street ane
avenues run through a thickly-settled portion
of the city, and are much used by persons on

refused to place any guard rail or other pro-
tection whatsoever around or about said
planks, and carelessly and negligently failed
and refused to place any bridge over said
ditch or other cover, and failed: and refused,
sarelessly and negligently, to provide any oth-
er means of passing along said street and
over said ditch, and that said walkway so
intended for persons passing along said street
was carelessly and negligently coustructed,
and that the same was unsafe and danger-
ous, but that the said minor, in passing along
said street, aud in going or returning from
| school, not knowing of the unsafe or danger-
ous condition of said walkway, undertook to
cross over said ditch, when, without any neg-
ligence on her part, and after she had pro-
ceeded in and upon said walkway, the plank
Pareened and turned over to one side, pre-
cipitating said minor, Ida Stainback, violently
down some 12 or 15 feet in said diteh, and
upon the hard stone therein, whereby, and in
consequence thereof, the said Ida Stainback
was grievously hurt, bruised, and wounded,
ete. To this declaration a demurrer was in-
terposed by defendant, setting up, among oth-
er grounds of defense, the following: That
the declaration does not show any negligence
on the part of defendant such as constitutes
a cause of action against it, and that the
declaration shows such contributory negli-

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McDANIEL, J,hn, black, hanged at New Alabany, Mississippi, 9-10-1909.

Office of Che County Attorney

UNION COUNTY

New Albany, Mississippi 38652

COUNTY ATTORNEY

P.O. BOX 892
601/534-7603

Mr. Watt Espy

Law Library - Box 6205

University, AL 35486

Dear Mr. Espy: ,

‘ I have enclosed herewith photocopies of at least one (1)

confirmed legal execution ( hanging) in 1909 in New’ Albany. This
y involved a black man, John McDaniel, who was indicted, tried and
convicted for the murder of a tramp, believed to be H.B. Bracey.
The Court Order, as you can see, set the execution to take place
at the Union County Jail unless the supervisors for good cause
designated another place.

In the second photocopy, the supervisors had recieved such
a public outcry for the hanging to be made public, that they set
up a committee to pick a suitable site and erect a gallows.

We happened on this case only by accident after your inquiry
which stated that no legal executions had taken place here prior to
1955 when an elderly man from Tippah County came by the Circuit
Clerk's Office here and had photos of a man standing on the gallows
in what appeared to be a lumber yard. I understand another photo
showed the man and his family on the gallows and the last photo
showed the man swinging underneath the gallows with the door open.
He said he thought the man's name was McDaniels and this is how we
found this case.

- A local attorney, Edgar Stephens, whose father was a judge,

recalls his father's stories of sentencing defendants to death by
; hanging and watching them march down the street of town with their |
family beside them and children and drunks following behind and
how much this would upset him. He indicated that he would have to
go close the door and go into another room while this scenerio
took place. Also, there is a monument of title in the deed records
which refers to the "hanging tree " as a beginning point to a legal
description.

Obviously, other legal executions have taken place, but it
would require many, many hours of research to fish them out of the
minute books of the county. I hope this one verified incident will
be of use to your research.

Sincerely,

fihpde—

Rodney’ E. Shands

RES: rs

¥, "ala \ rig ‘ ‘a fo la j whit va " D> 7 a os gs is an
MLC WELANINW IN 9 ANALrE WwW We 3 Ww Cla US By na 0 eq niple a ¥ 44) Ne) @ %

November 1, 1845,

HONOR AND VIOLENCE
IN THE OLD SOUTH

BERTRAM WYATT-BROWN

New York _. Oxford
OXFORD UNIVERSITY PRESS
1986

210 Public Ethics

human event. The community rejoiced that an evil had been
avenged. There was no wrenching sense of guilt. The tortures and
death expelled guilt; they did not incur it. The festivities signaled
that feature. Even children were allowed to share the pleasure. “All
afternoon,” noted the New York Times report of the Coleman mur-
der, “children, some of them not more than six years old, kept the
fire blazing around the blackened body by throwing grass, brush,
bits of boards, and everything combustible that they could get to-
gether. This they kept up until dark,” when mothers called them
home for supper.

The festive character of the Southern charivari and lynching sug-
gests the efficacy of these tragic rites. The chief aim was the protec-
tion of traditional values and conventions against forces outside as
well as within the community. They were simple group dramas in
which evil was defeated, good was reinstated. By that means virtues
were reconfirmed, boundaries of conduct set, and allegiances to the
deme revitalized. The execution of lawful sentences could do the
same, so long as spectators were present to see that the will of court
and community was carried out. But particularly after Reconstruc-
tion governments abolished public hangings and whippings, that
sort of popular participation in the enforcement of decisions was
no longer possible. Yet the ethic of honor and shame lived on for
another half-century, through the system of summary justice. People
thought they needed to see the actual triumph of right over wrong,
not just be told about it in a newspaper summary of how the felon
looked and acted in his final moments.

- Like Robin Molineux, the witness to an official hanging or a
popular action felt the alternations of “pity and terror,” the twin
Aristotelian responses to tragedy, feelings often followed by hilarity.
This primal psychology had begun to disturb the sensibilities of
some thoughtful reformers in England and America early in the
nineteenth century. A movement to abolish public hangings, if not
the penalty itself, gradually won victories in the Northern states and
finally, in 1867, in Great Britain. It was thought preferable to make
the death penalty a private business, behind walls, impersonal, n°

Tar and Feathers: Community Disorder 211

longer a public drama, or carnival, of savagery and death. In the
Southern states the end of public executions did not come until Re-
construction. Until then, however, the practice excited common folk,
whites and blacks alike, who streamed to the site. William Faulk-
ner’s great-grandfather, William C. Falkner, upon first arriving in
Mississippi, wrote up a condemned murderer’s confession in 1845
and sold it to the thousands attending the execution at Ripley.
Similarly, hawking penny sheets and broadsides, “last confessions”
and doggerel verse was in the best of English tradition at Tyburn
and later at Newgate. Public displays, of course, did little to deter
crime, but they brought home to spectators—most often men and
women who were at the edge of the law themselves—their luck in
being alive. The misery of another made life a little sweeter.

George J. Holyoake, a British observer in the 1860s, explained
the crowd’s feelings at Newgate—emotions no different from those
of the spectators at an American hanging or lynching. “The wretch,”
he said, “‘stands face to face with inevitable pitiless premeditated
death. Not the scythe, but the strange cold cord of death strikes
against his ear, and the crowd knows he knows it. They see the neck.
The noose is adjusted, the click of the drop is heard . . . and the
wretch descends still in sight; and then the rain, the cold, the damp,
the struggling of the night is all forgotten in the coveted gratifica-
tion of that . , . moment.”

For the American writer Mark Twain, however, justice of this
kind was hard to comprehend, particularly if the community will,
not the law, was being served. He could not bring himself, skeptic
though he was, to think that “people at a lynching enjoy the spec-
tacle and are glad of a chance to see it. It cannot be true; all ex-
perience is against it.” In reaction to the atrocities that blacks suf-
fered at the turn of the nineteenth cenury, Twain declared, “We are
Out of moral-courage material; we are in a condition of profound
Poverty,”

The problem was still more tragic than that. Moral courage is
always in short supply, and it could scarcely be expected that some
“avalier would try to prevent even the most palpable injustice
‘gainst the powerful consensus that usually set these rites in motion.

0 SOUTHERN -2nd- 1603; 7 SOUTHERN -2nd= 155; 50 SOUTHERN -2nd- 383; 26 SOUTHERN -2nd@ 680;
33 SOUTHERN -2nde 83, 8h and 35 SOUTHERN ~2nd- 628,

McGEE, Willie, 30-year-eld black man, electrecuted Lourel, Miss., for rape, May 8, 1951.

"May 8, 1951 = The State of Mississippi electrecuted Willie McGee, World War II veteran and
father of four children for the framed 'rape charge! made against him by a white woman, Mrs,
Willametta Hawkins. The cause of freedom for WillieMciee had been taken up around the werld
during the five years that elapsed betwem his arrest on Nov, 3, 195, and his death on May
8, 1951, Because ef the protests that continued to mount on behalf of McGee's innocence arm
the lynch atmosphere in which he was first tried and convicted, McGee was tried four times,
As theevidence revealed, Mrs, Hawkins had forced McGee into a relationship with her, which _
he later tried to sever, It was in these circumstances that the white woman charged "rapes!
It was becausethe relationship between McGee and the woman had become know that the state
of Mississippi ordered his death, The relationship between a Negro man and a white woman
'violated' all the white supremacy patteras of oppression against the Negro people in the
south, For this Mc“eewas killed, (Mrs, Rosalee McGee, widow of the mrdered defendant

and the mother of his four fatherless children, is a signer of this petition,)" WE CHARGE
GENOCIDE, Civil Rights Congress, 1951, page 77.

UNION COUNTY. minvTe Bok &

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TTA DTT ; ected.) sole ag the dominant factor In Dixlo Nogroavhito relations .
CHAPTER XII TONE SES qyare spelled out eloarly in tha caso of Willlo MeGoo, Sona of =,
of tho things fltortng out of Mississippt read dike an eplsode from a”
NUN] THE RED VAMPIRE! oe my youth dn Tennosseo, fs
ee cee I knew tho background of tho case, as docs almost every ey
1 | oe ay Nogro boy and girl in Amorlea; as do far more citizens of uw
|! , Mleutta, Paris, or Shanghat than of Chattanooga, Pillsburgh, ae
, et ANS McGre was horn a nobody, Ifo lived a nobody, - or St. Pan Jn tho early morning of November 219 (5 ac- 3,
doo) And had it not been for an international war of idcologies 9) fp cording to prosecution, Mrs, Troy Mawkins lay in bed in her .
and a decades-old racial-sexual taboo, he might have died a ay Laurcl homo with an ill child beside her. Her husband and .
2 -, , nobody. Just an obscure, ignorant, scarcely reliable Negro - two other children were siceping in the adjoining room. A ~
| oo x groccry-boy in Laurel, Mississippi. But tho war of ideas and | man, who Mrs, TTawkins testificd was a Negro but whom she
ee the scxual taboo do exist, and because of them Willic McGee . ak could not identify because her room was pitch dark, crept into .
as died May 8, 1951, not quite a “somebody” in the ordinary « aes her bed and raped her. She said she did not cry out because e
ee American sense of the word, but a martyr and a symbol the 3 ee did net want to wake the children. The next mouans r
os world over of a lot of things to a lot of pcople. : 3 police rounded up five suspects. = Pe
pe Willic McGce, thirly-seven-year-old World War II veteran Mcanwhile, the head of a company for which McGce drove = i
i and father of four, was very much alivo tho February morning a truck called the polico and said McGco did not return the 2 i ee
a that I walked off a bus, uneasy, my bones aching from a long, previous evening with $15.85 of tho company’s money. Tle Be
i uncomfortable ride, As I got off in Laurel, a town not origt- asked that MeGoo ho picked up, This was dono and McGco o ee
Lo nally on my Itnornry, my reasons for being thers hecamo returned the money, deelaring that ho had not intended to rae t
ee elearor, I romombored that, throughout my journoy, self-styled keep it, Tho larceny chargo was dropped. mae
pt Aghtors for freedom asked mo so many tlmes: “You don’t havo » ‘ A nolghbor of Mrs, Hawkins roportod, howover, that a gro- ne
a anything to do with Communism, do you?” And hoforo the + cory truck was parked near hy at 4.90 a.m, on the 2nd, when a I ‘|
Ae trip, scores of whites had asked mo: “What do you think of... tho allegod crlmo occurred, Poles reportedly found McGoas o 7
ie Paul Noboson?” which ronlly was asking what I thought of the op Angorprints In tho Hawkins houso, On tho strength of this Pe :
ee Amorican Negro and tho lure of Communism, As L obsorved ee ovidenco, although the dofenso charged that Mrs, Hawkins ‘e LA
ae what the Communist pross the world over was doing with VS os mover had a modical oxamination to establish rapo, McCoo was ° 1
bhi Willa MoGoo, and what the equally bold renctlonary portion. . i chargod with the erlna, A deputy shorlif later contended that ae)
ae of the Amorfony pros was anytng, with all but a tiny element 5 MeGoa had confessed, although McCoo repndlated the cons mY
pl ae of the non-Commiuniat, loft-of-contor Amertonn ProNA paralyzed ce foaston, contondlng Chat polloomen tore olf his clothes, hont ed |: a
Pik with tildily, P knew that the whole, ugly teenie of Commintin. a hlin with hlackjncks, and kept him on bread and water ta oe i
‘ie aw anlfoota the Nogro’s (ht for full equality war on revlow iy ep awoathox wlll ha orted guilty, . 1 +
ee : 2 Pie Willlo MoGea gota onaday trial in a courtroom murronnded | yy
a “Hanicel bart another fire for mer tha overtones of ae ta ia : hy bayonet yuivedamen who held hack i nage maby A fury ea ee
penis TA , ae dolihornted two and one hall mtintoa and fond) MeQaa Poe
tt ie fe
| | ae
tt ;
wt

co a mente see eR RET

Si %, Rip ley Advertiser
Y

CRip ley) Miss.
Ss, 1 84S

Jul
oy col. |

Nevember |, 18S"
p- e) co(.S

lL Me Canno

ee ga a Mes Bd on ac sat ‘ +e |

We learn from the Rip'ey Advertiser That!
Andrew Joe Cannon,the murderer. of fir |
Accock, his wite, mother and two’children, was
raken in Madieon County, Tesg.,and brought to}
‘Lippah on Sat@zdiy evening last, bot owing to
the popular excnf ment, wae not tocred im Batt}
until Menday evening. The citizens : t'Tippah |
seserye much-praisedor Usb HO person ea
Jence pen the inhtman monster: whose crimes
Arca thouta paralidlin the history of the pre.

sent day.— Tilly Springs Crazetie. _

Sommerer - reenter

EXECUTION OF McCAN NON. |

We have delayed the iesue of our Paper, fur.
the purpose of giviug an account of the eran’ —|
doo of A. J. McCannon. Our limie ao
short to permit of a lengthy deseripiion, He |
was brought ont of hie cell, babited iq at
shroud, at about a quarter to eleven o’ |
der charge of the Sheritf and guard; attended, |
a'so, at hie own request, by Rev, Mr. Roden. — :
Upon mounting the: cart, holy serviecs were |
commenced by singjng an appropriate hymn; |
after which the Reverend gent leman offered up |
W fervent and affecting” prayer in behait the”
doomed man. Another hymn was -then ung
and Mr. Roden delivered. an impreteive die.
couree upon the 22ad and Q3rq verses of the
| Prophecy of Jeremiah—a text. selected by ihe |
periminat himself. — After thé sermon; Mt Rode
again prayed; and it was announced thay
McCannon himself wished to speak to the as.
rsemblage.—~He- did so ateome length, but rath.

er disconnectedly. We cannot give even an |

abstract of his remarka., He expressed himself _
ready to meet hia end, cven in eo shameful ang |
ignominious & manner; protested his innocence
of the crime for which he died; exhorted thase
esembled to embrace religion and mect him q_
heaven; and concluled by wiehiog them fare. _
well and invoking Spon them the biessing of |

A-lew momente-were-given hima his
request, for prayer. He -praved aloud, and _
‘prayed in-an- appropriate — and “very affecting |
style. He evinced much emotion during the ser.
vice. Many of the crowd were much moved, |
After-rising- trom his kaces,-he—mude 2 -tew4

more remarks, and, oa his conctusion, the sher |
if proceeded to acjust the rope. “Repeated'y |
and to the last, he protested his innocence, At_
about half past one, ae we suppose, the cart
wag driven from underhim. After hanging 4 |
or 5 minutes, he brought one pretty considera. |
ble struggle with his lege; then two or three

convulsive motions of the breast. The crowd

was very large‘ generally estimated at about
4000. Thus-died Andrew J McCannon, cen-
victed of one of ‘the grossest murders upon the |
records of any country.

. ry ‘ &
‘A Wife Murderer Executed ‘In
Grenade, Mias., Friday,

—

History of the Urime---Rat Extor-
minator as a Settlement of
Domestic Wrangles.

Tho Prisoner’s: Last Hours on’
Farth----Lho Night Bo-
fore. Death.

On the Gallows---A Refusal to Con
foas-.-'Tho “Drop” Into
Etornity.

“ 1
Last Friday théro: wus a good old
fashioned legal hanging In Grenada,
Mississippi, one hundred miles south
of Momphis, The principal character
was a negro ndméd Frank’ Mays, who
In a fit of abstraction thought that his
wife was a specics of vermin, and gave
her sovoral doses of: rat exterminator,
from the effects of which sho died
within afew hours, Tho hanging was
Originally advertised for the 10th of
; November, but Governor Alcorn, ‘for
| reasons déemed sufficient,” postponed
It until the 80th of the samo month,
and then again postponed ft until yes-
terday, when it resulted in an omInent
success, An AVALANCHE representa.
‘Uve went down to Uirenadn tho Inst
time—the 80th—and returned, wifhout
his ftom, and ‘a: thoroughly ‘disgusted
man, That time the principal products
of Grenada seemed to be shot-guns and.
bull dogs, This last visit his lot fell in
pleasanter places, and he now thinks
that it is
A VERY NICE LITTLE VILLAGE;
although not large enough seemingly
for a hotel, it contains at least one very
comfortable. boarding house, where
good rooms—three to ‘five beds to a
room—and plonty of well cooked vict-
ualy most do predominate. ,

|LANCHE represeptatiye,, opened | the
a

gl no, giyo it to me,” and Jist took’
t rf { 1. :

tolling him that “Thiq is' a man|who
wants to talk with you,” Jallot In-
raham stepped back “and. secured the
loor of the cell, 'whilé “the AVa-

‘Interview; Ai
| ‘F rie Md
<4Reporters:. Frank, ,bow. old are you?,
"Frank. [ dunno, sah; "bout, twenty-
alx, I guess, th Bee = i Us wb dy Os ih, rae,
Rep. You was ‘sleeping. when: We
camein? eae
F. No, sah;.V’se jist thisicing,
Rep. ‘What: were’ you’ t inking
about? |) wre ihe mH rod
| F. About to-morrow. °

tape je jpaa

Rep. Do you feal like as Ifyou were
ready todio? viel jo file
LF. Yea, sah;:. Lee done, nufMfin ta |bo

feerd of.) 7): Z ort
Rep. What made you give your, wlfo
that polson ? 5)... 4)) 4 Thee

'iE. The doctor told'me, too.» : |

| Ben. What Dootor? 3). fj je

"EF. I dan’no, sab Fiorgets his name,

| Rep. Didn’t you now ‘that you were

EI! ving Moe rat poleon,‘and that it would
VL Dery ses vated

p haben iibee duces’ celal
Mi No, sah; I jist guy her what t’se
Map ih cr atahna
Rep. Whit kind ofstuff was thatiat
80n \ tye da% i
YF, It. was all black! and dat-whal/de
doctor guv mo was white,
Rop. How did you give it to her?
AN AMATEUR PILL ROLLER,

F. I made it into pills like de doctor
told ime. . ,
‘Rep. Did your wifo say anything
annul not boing willlog to take tte ;
Yes, 6ahs she. Hoe ‘dat it didn’t
look right when I sez: “Well, waltanh’
tl show it to Mr. Wharton,’”when she
: H . | t
| THE CHILD MURDER, || |

Rep. Didn’t you: tell a friend: some
{me sinco that “you 'had killed one of
your children by barning-it to death?
: By (Bxcltedly) No; sah; I didn’t.’
neber sez anyt’ing of da sort. :'Da
chilp burned to death I' dun’no how,
De fast timo what I soed it. my wife
had it. I can prove dat I didn’t do
dat, *

Rep. You say you are ready to dle
to-morrow. Do you belong to church?
I, You, sah; Uae a Baptist, i)
| Rep—-And you don’t feel afraid to

die? -

Arriving {in Grenada about 7o’clock,
the AVALANCHE man accompanied by
a friend, visited the Jail for the purpose
of interviewing the doomed man.

EUistory of the Morder,

His name, as has been stated, is
Frank Mays. On tho 22d of April last
Frank, who was at the time living
about sight miles In the country, came
into town, @nd golng to |& drug
store asked Tor an ounce | of ar.
Sonic, stating that ‘ho wanted to
kill rats.. ‘Tho druggist’ told him
that he had some rat poison Oe od
which was much better than drsenic,

“WILL IT KILL FOLKS?”

Being informed that It certainly

would ‘kill folks,” ho asked to be

|shown sore of It. cryin fod two |!
4

| boxes he soon after went hon

| His wife Nancy had beea sick for
some: time, and when he left home
that morning ha, promlsed bring
her somo medicine, » That evening,
4fler’ his ‘return, she asked if he had’

intent Se Ca

Ar AUC bE

>
/. Vle oP Lin

oo! '

NOT AFRAIDTO DIE, “| .
F.—No, sah; I’se0 don nuffin’ to be
‘Méord of. 7

, Rep.—Frank, can you read or write?
- F—No, sab. | ;
. Rep.—You wero respited about .a
Month since, when'you were sentenced;
don’t you oxpect another one to-mor-
TOW. i | tho
. F. (with glistening dyes and an eager
manner that belied fs Words)—-No sub;
I ’spects to: die, ad y , | uM
1 i now me eLurr. |. iat
' are. an vor Aleop soundly? |Hay.
ou no bad dreams? | |
¥'.—No, sah ; I sleeps all: night, |: ii
Hep.— What do you think about your
trlnl ; did you havea falr chance?" |
\ I’.7-I dunno, sah.): I. knows Jae not
qallty ;
morrow.
DIDN'T EXPECT A RESCUE, :
' Rep.—Don’t you think your friends
will attempt to save you

, Itep.—Do you know. that the gallows

has bean erscted ston’ beratacel tk!

|; B.—Yes,'sah; been told‘ ao,|! Ise

lot seed dam yet, i ‘ Mss Bo TER
| Rep.-> Well, Frank,| you! lodk’ 1

rave: J: suppose you will ibdt

/o-24.-

AR SP eye orn mT de
his trial as If’ he were’ s fool!”“A fer’

crowd atthe lattor pl
runniog commentary

| Bepe: Jelly what dayou think of It?] ©’
RG “dusods tab; Teposo Ise gwine to | .
dle. b i ; .

|S WHAT’ DooTOR Tony ape) ||:

Trrag

of what I'sn gwine to.dle for' toe tc

y @& rescue? |:
| FB. (besitaingly)—No, Sah; I guess |;
t. 1

poatfold.”” Life"

of death, its
man must, feel
its merits,
\: Botween 22 4

{n a nea

The dressing hail ‘to be accomplls
§ terly refused to md

by force, a8 he

In tha cell, but He remained alike d
to’ their“ entredties and priye

P
ere| which also cofitained his coffin
rough stained pioc affair, A num
4 of!
who |were armed w,

reled | shot-gu
After placing h
Ingral]

fearing
cape, ha, with
that Frank was

ho was’8o son to

antaded AY sap Ned bf tg seen will be the great event of their

| cwl wel? Tal tire Rar ess +, a

geittitns ‘Xtricana the wifat they Bata jue +
indulged in 8 | thelr wagons and mules they, with
n thojmacbine| | yAcES sObER IN ASPKCT,\ |’

nstru¢tion and’ how a and! not! altogethe \

jest wended their

whit shirt and coat
and |: sg ha somhe'mixnd godds, |'1be, fact that

chers were with }

hed | throughout the day ‘Bpeaks well for

Getting |

to their homes,

ity froe: from, terror,
thay had that \day

where the sigh

lives In relating! their-history to others. |
all. saloons were open

Grenada citizens and the négrocs, as
not a single Instaride of drunkenness
was notlowd.,

kuown .one of t

any others, he thought
“ possoming.’ | ‘TY

latter, howevor; jsat with his head;

his breast and ayes closed tightly, pay-

Ing no attentl
ing around him,
ju front, threo
behin

THE WAGON
In tho ‘directi
About five hun
nied, it; some

to anything trans
With three gu
cither side and t

Iking, some ridi

and all looking Atand dn ie of
I

Mays who was {then

whlle living,
! A-ride of ten

arrived at the gallows, the crowd [al- |:

ready there giv
Tree passage, J

kuardg sorrounded it and forced

crowd |back so
rections. Just
hi eal 7 the fits

his cell opened is oyes, and taking One

look a

f ' | .
THE GALLOWS WITH IT3 FATAL Ro ES

: mee ny ge
trembled as if with a convulsion:

again tightly cl
Ing to walk, th

lift him and chair from the wagon dnd
convey them up\the steps to the:ip

form. | He was
ing the enst an

noosed rope which wa

} /
LAK

ha “I uinent idf

tried ex

i |Bhowed bheriff||Frenclt that ho!

eglected to
a ober

Foailing- of whith w ;
Ing coremonies legal ‘and of! ¢
3 ounting his hors

» AVALANCHE /|m
ventor Igok of

n his last
nutes and tho'wa

& way to allow 'o
® few minuted

twenty feet in all

tha wagon stap
ttimé since leay

80 soon ta
th.

x the/all imports
cath} warrant—
to make

\Crewa,

: be ductors Leoch’ ahi

nk, Was carried down,
io a Chair inaWagpn,
a

ted |by the [Sharif
ith double-Nar
“acted | as guatds)
In the wagon’ Jailor
shackles on his feet,
might attempt to/es-

HING.
inationof his pockets
ein

al. Acknowledgment,
m| In conclusion) thé AVALANCHE rep-
‘resentative would roturn his thanks to
Messrs. J. A. Signiago and R. White
e- | Carroll, of the/Grenada’ Sentinel; to
rty | Sherlff French, |Jallor: Ingraham and
¥ |.D. ©. Bristol, of| Grenada; and to Con-
ad Kirb 4: Of the Mis-;
sissIppl nod Tennessee llroad, for.
P ithe; very many courtesies extended.
he | #24. kindnesses shown him while on

ithe trip.) |

>i Pag)
ds
‘00

a.
ok
do
on |}

al
he

he
di-

’
ng

he
be

ad
Ant
he
he
ue
he
he
an

caninnieg,’”? of all conc tlons

) (
TAP bg tad A

a
p2 |

Alfof Judging from tholr tal vent, whic!
tatterdd and torh”’| ti
bene ae obhes dri i ay

fmt '
i

lA
(§7

nd
ob,
the old gray-healed “uncle

nen,

habe

in |
ch

By a

«mamma wou Ket"tome divine. Tha ping,
send Habta Cla
ents he brought brought her: medicine, i 'F
“yes,” and pulled ‘out the
minator. The exterminator
posed in part of phosphorus, and
when Frank Attempted toj, roll. the
‘mess into pills it emitted ee

A PALE, BLUEISH LAMBENT FLAME,

Nancy said: ‘Frank, that dqi’t

|
(as mamma djd

1 presents aden?”
"and withoutia

suton the floor,
‘APPEL pressed,
oad olose to eadgh

mly boileve,
ewure lo re-

lisay amen, } a
vat your (urn hes | v¥ ou
ane 7

want to takeit.”

‘trotherand mn, ) ** You must; I got It from the doctor

aking of Thee, einai
nd rine. " ' {and he said you must take it.!| ‘It is'all
At phute with ia | 7 .

right,”’ replied Frank, as he gave her
three pills. ‘

In a few minutes af
poison, Nancy said: *{Oh! that médi-
clne has set me on fire;

use him to see
vbettertban he,
ngry #gain,

nig, Ameo!"

in down to-night,
More.it is ‘igbs

6 little Bed,

, all painted yed; “ |
fantoy, _ “1 AM BURNING UP.”)
u dood boy,” In avery few hours sho was dead,

‘raised up thelr

Several negroes whb visited the house
after she took the poison stated that
she appeared in great agony, ‘and fre-
quently said that “Frank polsoned
me’? The next day he was uarrested
iat taken to Grenada und placed in
all. ’ .

rful again sought
yr both | eaceful
d Were roaming
renorm clock bat

of lis children

‘ yt
AN ESCAPE FROM JALb.

The jail is a new one, and at‘the time
Frank was putin it was not completed.
In July last another negro named Jer;
ty Watkins took a cold chisel’ and
niallet, with which ho cut the bars of
Frank’s cell and liberated him. In
compaby with Jerry he proceeded to
Tallahatchie- county, where |he was
captured by Deputy Sheriff Ingraham,
four days later, and taken Wack to jail.
rare was in the following) month,
tried for the offense, and upon convic-
tion received a ten years’ sentence in
the penitentiary at Jackson.) At the
same term of the court Frank was con-
victed of et
| MUBDER IN THE FIRST ‘DRGR
by a Jury composed of six whi
and the same number of negroes,
sentenced by the court to be hung th

half suppressed
In Willie's blua
46," he mentavy ‘
hem so early to:
y feelings found
ne down tren per}
sir troubles e're
thrice asked for

if
up to their door,
my dariings be-

1estaira,
rd both of their

ve forth the big

‘la sweet on his
them,” sald bo
Christmas

wdly said,
sep in my.

and softly went
d ilk dressing

was out in the

technical points arising in-.
bis execution was,deferred by Govern-
or Alcorn, until: the 80th,. and then
again until Friday last, : 6l his con-
finement in jail nk has confessed to
having given his Wife thé paison, but
states that it was given him by some
Dottor who told him that. it tvould do
her good. To a negro friend one day
after his sentence he confessed also to

time for : the. consideration fe ‘ome

Iriving sleet,
ighteverything,
o thetiny gold

{

?
1 to bia storo, |
nibered a score’
ith his holiday

in the nursery having .
i Beate | KILLED ONE,OF HI8, CHILDREN,
‘atre wasiaid, | a child four yeats of ago, last spring, by

te + prayed,

Py throwing It inthe fire and burning {t
and al! painted

in sucha manfier as to Gatise Heath the
o#, books ptoss. | S#mMeday. He fs sald to have always

hed in thetrees
dup in the top;
\a © drop,
iresurveyed,
ad amply Leen
ished of a tear,

deen fur ® year,
» than ever be-

1 ten per cent,

frequently guilty of acts of
alts: to -his wife and bables,’
time in the dead of: winter, whet th
mercury was ranging’ bélow thé freez::
‘Ing point, he took one of hisjchildren,
three months old, and: catching it by
pad meet pia 7 oo oF Par pg oe
whip wife for attempting to’go
lleve, to. it, and: the: baby “vould. have un-
each Ubristnma | doubtedly ished from, exposure if
' ‘| 80me neighboring negro had|not come
red the light, to its afd fo vs " {
sefor the night. eg! |
bewtars-ote bel A Visit to the Murderer’s Cell,
|. Thursday night, when oar represen:
tative visited the jail; he was. courte-
[the eRe shee aoa
: \| the Jallor, © readily acc the
a as quest that the man.of items be al-
their innocent! Jowed & brief interview with Frank.
|| As stated ina previous article, the dail
is a new and very substantial looking
A\ a4 lef, be | etructuré, sitdated in the! northern
“eM nits of the town, and about one hun-
soft and! ered and fifty yards distant) from the
ma, {| Yallobuaha river, that ‘curves around
fG . the northern mits. Ascending to the
5 PEN second story: oe th Uke fe se bee wR bre
ad salad | FRANK WAR FOUND 13
, oge y Abo at. tire Lye) foot) t

Bichaty

gross cru;}

opened wide,
resen la @ pled,
prang with &

alok and see, |
brought in’ the}

| ’ Ny hae bre
de Mors

after, his ‘return, she asked if) he had’

look ike good medicine, and I :d rth

r she took the

he!
ir
Tal

tenth of last'’month, To glye am plé,| t

is wcase,'| }

been a man of violent temper, aud was,
At ong:

iot'seed dem yet.

|| F.—I’l try to, sah.

\ptt@per- 0 you kno ae i
has been erected? if foo cy HHI
He fe bu told a0} f i

Ae aaa
Frank, you lodk ike a !

| Rep.--Well
|brave man; I suppose you will meet
Heath without flinching? | L

} After a few trifling remarks as to his

yanied

ealth, the AVALANCHE man, accom-
by Jailur Ingraham, took his

Jeave, with a “God bless you,” from

Frank aa they passed through the door,

hand hétstretched' himself oat
‘bory tp again going to sleep.
¥F A GOOD SLEEPER.
- Mr, Ingraham said that Frank passed
almost his entire ‘time in sleeping,

to care to converse with the other pris-
oners. ‘To several of the latter he had

prepara-

hever moving about hiscell or seeming

expressed himself that day as confident

of receiving a reprieve, and his talk.to

fe AVALANCHE man was evidently
false,
he has meny living in the town, ever
visited or seemed to:care for him, and
he never asked about them. |

Another Visit te the Jail.

| Friday morning the AVALANCHE
man again visited the jail. Being
shown up by the jailor, he found Frank
lying down on the mattress with his
body drawn up in the smallest possible
pace and covered, as was his face, with
the blankets. Atthe time
| HE WAS SEEMINGLY SLEEPING, |
ut his manner of breathing showed
hat il was feigned. Calling him sey-
fral times by name in loud tone of
voice, he was’ caught hold, ‘of and
toughly shaken.

‘talk, and |

a YT hat‘ morning,
'h é coqinomeny
his food),

) After

er of

Hp. ates: charmed ‘ith murder;; on
ored to gat Frank’ to make'a ¢oné

ession, but sithough, willing to dwell! |

pon the details of the murder, he per-:
isted In saying that “De doctor guv it

me for her,’’. NA

A Look at the Gallows. H

a
r*

VALANCHIAN then visited tho gal+
lows, located about an eighth of a mild

None of his relations, of whom |

(Php.

In company with Sheriff French. the:

from the jail, near the banks of the-

Yallobusha river. They, were
on what thé Grenadians are pleased to.
;term, “the beach,” but what is really
a sand bar covered with sctaggy weeds
and drift wood. Itwas, ' . 4
THE OLD FABHIONED, TIME HONORED’
‘*DROP,” |

placed.

|| gave the signal, and
| wits allpkiaur ota

with the two center u prights and cross

beam. There not having been a legal
hanging in Grenada {or about thirty
‘years the gallows were entirely new,
{When visited by .the. Sheriff and ou

representative jt was found that the
“drop” was but about four feet from
uA titer a hi tire mare a
eight or ten, fect to allow rn: cie

‘fall lo break thé nd ois nek A aug

estlon to this effect caused’ Sher!

French to order the platform raised be
{ween three andcfour feet, (making the
drop about eight feet from the sand. |

. |
“*“ '"The' Last soéucs.

As, stated” it hast been ‘fully t
youl Binco tha ‘enkzé0 ha One
ahd ‘sdrrounding’ country have’
treated to a hanging in a legal way,

Consequently évery negro for mil
around: stop

1 tomes

by. Lhe cars

U
ioe]

J, ; th
Dh ddd or tehek Pca hfed Is
Da he el ek rate! 10

teryalley, O
omithe adio “a! PYLE
he ooteaiie k

mb in

Renee re
J heard troth'

\ the

The crowd wag an ordetly one, and
from the number of respobses in prayer
‘and the multitude of voices that joined
‘in the singing, a yery reverential one.
They stood as cloge to the scafflold|as
ithe guard would allow, but there wus
‘none of that ‘‘scrouging”’ and pushing

composed of white’ people. In the
outer edges of the| crowd were a few
‘white men,evidently from the country.
A noticeable and pleasant absence was
that of white wonjen, there not being
one visible to the searching eye of onr
representative. During the time not an
oath or a harsh word was heard, whith
was also noticeablé for suc’ a gathdr-
ing.-. | |
‘The Deat
|; ‘Within afew min
returned with thed
‘heat onep proceed
‘but Jow(tone of|vojce. The
sat, as had since leaving his cell,
pparentiy oblivious to all passing
vents, | After the warrant had begn
‘read a negro preacher made a lew re-
‘marks to the crowd, closing with re-
join him in singing

Wurrant.

tes Sheriff Fren¢h
th warrant,whi¢h
to read, In a fir

risonpr

To preach
ly misquo

fon of the prayer
Sheriff Frenc

Not

by, him to shoy
jthat he heard the—qtestion. |
‘The Last sitar) at the World—“On,

opportunity.

im up on the trap
erect, while hi
y fastened:

t.
arose legs wore, socutel
and the: ver his face

hite cap d wae
by Mr. I graham, Then, at just twelve
minutes alter 2 o clockS eriff French

wit

URNISHED HATCHET, :

a8 itéwung through 'th air in the

hands of|/Ingraham jere it descended
and sev: the trap ro the body of
Frank ‘Mays was launched about four
feet downward and his spirit into the
great.unknown futu.e. i
/ |) || Death Struggles. .

: JA clutch at the platform boards with
his hands as he went through a few
convulsive gasps, and all was ‘over.
Just three anda half minutes after the
trap, rope| was seyered the |last contrac
tion of his muscles’ was npticed. Sar.
gical investigation afterward, proved.
that hig neck was’ broken, and it is
bapyoser that he suffered) little or no
pain, a8 death was almdst instanta-
neous, , |

‘Wh

A‘Worrowful| incident. | |

ile struggling just after. passing,
P;: @ Joud}scréam wa
irre’ yellow woman

rho.thieen

‘¢@

)} Tate shand=~

for better places like in similar crowds)

tymarbles,;or! |
risoner’s base/P4* This wa
am: Afterwatd; when tb
‘Dickens removed | to Lo
‘small sickly child+the
years old—had & series of ¢
very unusual with the child
dle class parents, but wi
they gave him the most ex:
at the time, and t»>q g
threw acloud.over the wh
subsequent existénce, wert
edly the source of his 1
knowledge of human natur
famillarity with scenes of
wretchedness. It need be
now, for the fact will.do hi:
no dis-service, that the chi
Chasles Dickens was passed
abject poverty. |
is father, Mr. John Di
into money difficulties, and
fined in the Marshalsea_ pri
ward 80 vividly described
Dorrit.’”?. Every small sum
that could be earned by any |
the family became of vital in
so the is es » at about
of age—that is to say some ti
year 1822—was placed in a
house belonging! to a distan
tion of the family, named
which establishment was op
rival to. the famous blackin;
Warren, in the Strand.

BINKING.IN THE DRE
Lamert’s house 4¥aa af the

salary of six or se
His work was tocover the pot
pirat firgt with-oil paper
with blue ‘paper to tie the
with string, to clip the paper
neat, and to teon a prin
In the discharge of these a
ccmpanions were boys of hun
and uncultivated manners, a:
Dickens, remembering his
childhood at Ohatham, lon
education and # start in life,
ing that if his present employ:
tinued he would gink into 1
dregs of society, auffered a
anguish, the memory of wv
could nevershake off at the ve)
of his prosperity.
STRUCK DUMB WITH Hor
n i& fragment jof autob
which Mr. Dickens wrote in
said:.. * |
“From that hour until this
I write,no word of that pai
childhood, which I ‘have no
brought to, @ close,-has passed
to any human being. I have
how long it lasted; whether f
or much more, or foas. From t
until this my father and my
have been, stricken ‘dumb uF
have never .heard the least al!
it, however far off. and rem:
eitheriof them... I have neve:
now impart it to this-paper,
burst of confidence with any
own wife not excepted, raised
tain Lthen’ dropped ‘thank G
Many portions: of this -ur
autobiography were introduce:
word for: word, two, years 1:
“David Oopperfield,!? and th:
script has-inow been largel)
upon by Mr. Forster. |
HOW THE BECRET WAS BRO
CTE os aG@ EER,
That. gentleman thus rolates
in which the revelation wag fi
tohim: 4 |. we Js
baal det oui to be ore no
pro y never have been knov
or indeed Any Of the occurr
his cbildh ‘and ‘youth, bu
accident of |a question which
him one day in the March or
1647, Iasked him).{f. ba rem:
ever baving seen. in} his boyh

friend the elder. Mri Dilke, h

{
‘upther hands|| »
j aie the/s! até he

is wl !
5 Ustad!
a, nd wndhr4 i

qual tance: tid pon teni po! f
een ha clork {nthe sare

08 Crowd

chil agai sought
r both yencefyl
d were roamit
renok clock halt
of his children
half suppressed
in Willie’s blua

8 mentauy

80 early to.
y feelings found
ue down ten per
sir troubles e're
thrice asked for

up to thelr door,
my dariings be-

lestairs,
rd both of their

#8 forth the big
is sweet on his
them,” said bo
have Chriatmaa

inwardly said,
» I aleep in my

and soflily went
d silk dressing
was out In tho
tIriving sleet,
ighteverything,
o thetiny gold
to bia store, |
nibered @ score:
th his holiday

{no the nursery

Por tone ; & hild f a f ago, last apring, b

ratre was laid, | ac our of ago, last spring, by
ded Paved, | throwing itn the fire and bhurning it
ind all paintéd | in sucha manfer as to Cause death the

os, books pleas;
hed in the tre of
dup in the top;
‘4 © drop,
ire surveyed,
ad amply Leen
ished of a tear;
naan fur @ year,
lever be-
per cent,

lieve,
sach Obristmnas

hed the light,
c@for the night.
16 morning sun’
he stars one by;
‘opened wide, |
resents expied, |
sprang with a)
ere all of them!

i
thoir innocent’

alok and see,

brought in the
4) and af be
volte soft and
Caan, Dare, 3
ved Up bn hile

me doula be:
mnie had said,’
the uide'other
{ anwarea ber,
as well as we
10W wasn’t he
» sent you alt

/ Frank’s cell and ‘liberated him. In

| time in the dead of winter,.whet the

ater et tonk:‘the potsory,

meet

| lef
AN. ESCAPE FROM sath.

The Jail is a new one, and at‘the time
Frank was putin it was not. completed.
In July last'another negro named Jer-
ry Watkins took @ cold chisel and
niallet, with which he cut.the bars of

company with ‘Jerry he proceeded to
Tallahatchie county, where|he was
captured by Deput Bheritf Ingraham,
four days later, and taken Back to jail.
Jerry was in the*following| month,
tried for the oftense, and upon convic-
tion received a ten years’ sentence in
the penitentiary at Jackson.|. At the
same term of the court Frank was con-
victed of TE. &
MURDER IN THE FIRST ‘D
by a jury composed ofesix whit
and the ‘same number of negroes,
sentenced by the court to be hung th
tenth of last’ month. °To ak am pl

br:

time for : the consideration . lof: Some
technical points arising in his «case,:
his execution was.deferred by Govern-
or Alcorn. until the 80th .and.. then
again until Friday last. § his con-
finement in jail Frank has confessed to
having given his Wife thé poison, but
states that it was SPAY him by some
Doctor Who told him that. it vould do
her good. To a negro: friend one day
after his sentence he confessed also to
having»: | ‘

OF HIB, bauloney,

same day. ‘He is said'to’ have always

uently guilty of acts of gross cru;}}t
ait ‘to-his wife and bables,’ At on |
mercury was ranglog’ below thé freez::
‘Ing point, he took one of. his|children,
three months old, and catching it by
the heels threw it out of doors. He
whipped his wife for attempting to go
to it, and the baby would have un-
doubtedly perished from_ exposure if
some neighboring negro had not come
to its afd. ree an 2

A Visit to the Murderer’s Cell.

tative visited the jail; he was. courte-
i ted by Mr. Frank Ingraham,
the jallor, who readily acceded to the
request: that the man.of items be al-
lowed & brief interview with Frank.
As stated ina previous article, the {ail
is anew and very substantial looking |:

limits of the town, and about one hun-
ered and fifty yards. distant) from the
Yallobusha river, that ‘curvés ‘around
the northern limits. Ascending to the
second story | “ aided
FRANK WAS FOUND IN AN IRON CELL,
about twelve feet by eizht.|' At, ‘dhe |b
side, and near the -door,: an--ald,
dirty straw mattrass, upon which, cov-
ered with ‘a Coupla.of, army, blankets,
lay Frank. He was evidently sleep!

4 lookin negro, Of

| th

toughly shaken.

| Jailor Ingraham
daylight he /had ref
acted as.

; i n Offered it, ‘from hiim.|
afd ty
uN

‘@nd | Visi
the:fi
the idea that:

}| Yallobusha river.
been a man of yiolent temper, atid waa] on What thé Grenad

beam’.

treated toa ba

Con
aroudd: stopped

with many white men; came into the
town to see the hanging’. They, came
Hardy, Garners,:'Wa-
tervalley, Coffeevilleand Pomencey,
from 'the adjoining:cquntry In was
loaded with cotton; 4 iptbing

ness With pleasures

steel
? Ud
{ being the-in !

crowd): COD por

he blankets. Atthe time

HE WAS SEEMINGLY 8LEEPING,

but his manner of breathing showey
that it was feigned. Calling

eral times by name inaloud tone of
volce, he was: caught hold of and
All endeavors to

elif deran;
1} to\-eat, throwin

A Fpieporen’s PRAYER.
Thewsight previous, a
bai eye ee

te)
vere to gat Frank’
ession, but althou

isted in saying
me for her.,’’. ,
A Look at the Gallows.

er
with scraggy

‘* DROP,’

|| Another Vielt to the Jail. ||

‘Friday morning the AVALANCHE |;
man. again visited the jail. B
shown upby the jailor,’he found Frank
lying down on the mattress with his
body drawn up in the smallest possible
per and covered, as was his face

Being

» with

im sey-

di by a Intumber ‘of ‘gentlemen,

Frankjabout 10 0’clock, waa heard fdr

time to- engage in prayer, the
Visits ‘evidently impressing: h

' 8 timeupon earth was

Indeed short, ‘Toa fellow-prisonercon-

fined in’an adjoining cell he afterwards

talked fora long time.: The prisoner,

is‘also charged ih murder, ; on

o make & ¢o

gh. willing to dwell

pon the details of the murder, he per-:

that “De doctor guv it

. ttt

fin; an almost unintelligible tone af

In company with Sheriff french. the:

VALANCHIAN then visited tho gal-
lows, located about an eighth of a mila
from the jail, near the banks of the-
They, were placed.
fans are pleased to
1 “the beach,” but wat is really,
ja sand bar covered |
and drift wood. It was |

m with

THE dLD FAWHIONED, TIME HONORED

+, Lee ‘ “kt
with the two center uprights and cross-
There not having been a legal
hanging in Grenada for about thirty
years the gallows were entirely new.
When visited by the Sheriff and our
representative it was found that the
‘drop’ was but about four fee
pA tinier wen He at have been

ursd when oar! +} elgnt or tan feet to alloy
Th ay nigh 000 PR Tesen ‘fall Lo break thé négté’s neck: A sur-

t from)

allow, # sufficient

tlon to this effect caused She

|
Pe mele

“* ‘The Last seoues.

etructuré,' sitdated in the! northern ons lipo Tid Genk Coy!

ng’ coudutry'*ha ve!’ beer | 9.
oging in a legal way./'. |
uently every negro for mile’

h@ ‘$arround!

‘work;:and t

y the cars fro

it mn )

varied! top ie sofrton)

on|/ with all,’-Before12 o’cl
ed) mostly; of ineg

‘French to order. the platform raised be-
tween three and four fee

; t, ‘making the
drop about eight feet from the

od.

ther

when the door-of his cell was ttnlocked|| afoots! All Avoraza look of eagerfex:
and his. name called«by: J pectancy, as if pnticipatio some great
ham, °’After t, a 4ipseen pleasuré 4) tivdg Wortantad:
timea by name he ralsed. ap many,. of the citizeng of Grenada ;
arid askod whatwas wan so’ many persons hads not) visited th ah
lay, A Rech iodd hé was: d|| town since ithe showing! of bicdbfh

sy |

=)9-
1,

UC
|

rty

and |
‘ons
usi+,
n horseback and |

Hibver diced’ about then tt? | ipa My
l Rat, as
ppare

i{! wet ile

“ stated) that since
to talk, and

_ eaelf | bat ‘morning,
for, © first’ time since his confinement,
: bla food,
ARES
r having been’|:

ae
1}

“td
|

‘[close in |behind. the right ear. As it

“| was being affixed Frank’ for the first
. time gai |. .
WORDS-+—“‘OH | LORDY! OH

Just thr
ff trap, rope was seyered the |last contrac-

|} that hig neck was’ brok

ids

pet
iieand’

i
4 eta the wagon
the | place iq Potter’

pr to Head inal fir
tons Of | voice! sabia
had since | his
y oblivious to passing
Events, After the warrant ‘had
‘read a negro preacher made a [ew
‘marks to the crowd, closing with
‘questing them to join hjm in singi
.the hymn, | |
“LONG TO. SEE T!
The African race are hoted for

n
}4]

he 4

ly misquo'
yer, or else was

the construction of ane
While the

fon of the prayer
‘ Sheriff Frenc
df ho, “thad anything tosay,” as thls
swould his lastiopportunity. Not
movement was mad by him to vol

(that he heard tho--question.

The Last Look at the World—“On,
H ae ee | Lordy?”* aie “3
, Mr. naa then placed the noose
‘around his neck, drawing the knat

His LAS
me )> LORDY!” |

‘volce, Wot another word was uttered
-by him. | Standing him up on the trap
two men’ held him erect, while his
arms and legs were, securely fastened
and the white cap drawn over his f,
by Mr. Ingraham. Then, at just twelve
minutes alter 2 o'clock Sheriff French
gave the Bignal, and! wit po
WITH' A|BRIGHT GLHAM FROM THE
' BURNISHED HATCHET, ‘i
a8 itswung. through the air in the
hands of| Ingraham ere jt descended
and severed the trap rope the body of
Frank Mays was launched about tour
feet downward and his spirit into the
great unknown futu.e.

: 2 Struggles.

: A clutch at the platform boards with
his hands as he went through a few
convulsive gasps, and all was over.
anda half minutes after the

tion of his muscles was noticed: Sur:
gical: investigation: afterward, proved
, and it is
posed |that he suffered/ little or no

ag |death was ulmast instanta-

bap
pain,
neous. .| .
eg ity M

r passing
Joud| scream, was|

through’.
hoard tro 7
the crowd, w

then wit-|
heard pro- |
the crowd, |
ispersed at

itly,'A Surgeon, ‘examin
‘ALfe extine

of the crowd)\ proces
s ‘4 t

r ac 0
| What. many sus

|| had. visited

‘| some juvenile on

o the boy, Qh /atyabout
f een ars "say sotie t
year 1822—-was placed’ in! a
house belonging) to 8’ distan
tion of the family, ' named
which establishment was op
rival to, the famous blackin;
Warren, in the Strand.

ere’

specifically revealed. The ]i
boy David Copperfield is the
boy Charles Dickens. The fut:
ist entered the warehouse of.
mert in the most menial cap:
salary of six or seven shilling
His work was tocover the pot
roti firgt with-oil paper
with blue Spaper; to tie the
with string, to clip the paper
neat, and to paste on ‘a prin
In the discharge jof these c
ccmpanions were boys of hun
and uncultivated manners, a
Dickens, remembering his
childhood; at Ohatham, lor
education and a 6btart in life,
{ng that if his present employ:
tinued he would gink into |
dregs of society, suffered a
anguish, the memory of v
could nevershake off at the ve
of his prosperity.

8TRUCK DUMB WITH Hot

n & fragment jof autob
which Mr. Dickens wrote in
said: . da
“From that hour until this
I write, no word of that pa:
childhood, which I|have ‘no
brought to @ close,-has passed
toany human being. I have
how long it lasted; whether fi
or much more, or rene From t
until this my father and my
have been, stricken ‘dumb u
have never .heard the least al
it, however far off and rem:
eitherof them... I have neve:
now impart it to this paper,
burst of confidence with any
own wife not excepted, raised
tain I then dropped thank G
Many portions, of this ur
autobiography were introduce:
word for word, two. years |:
“David Oopperfield,”? and th
script has now been largel;
upon by Mr. Forster.

HOW THE BECRET WAS ‘BRO
YC LIGHT,

ThAt gentleman thus rolates
in which the revelation was fi
tohim: :. | rete be eo

The incidents to be told no:
probably néver have been knov
or indeed Any'of: the occurr
‘his childhood ‘and “youth, bu

| accident, ofa question which )

him one day in the rch or
1847, Tasked him, if. be rem:
ever having seen in his boyb
friedd the elder Mr. Dilke, his
acquaintance and -contemipora

had been‘a clerk in the same:

recollected: seeing him jn a }
fh Never at ar

the .mention made to rarely

Somerset House to; which M
Gerard street; where bis uncle
time, ..Upon which, I-told h
reference im plied'‘not: merély Mi

Dickens belonged. Yes, he :
lodged during an {llness, and M
some one else had: been inte
met accidéntally, |b ’

house ‘near’ the

sisi Ch

MASK, Pleasant M., wh, hanged Holly Springs, MS, 3/4/1859

The following is from The Weekly Panola Star, Panola, MS,
March 16, 1859.

"EXECUTION OF PLEASANT MASK-On the 4th instant, in accordance
with the sentence pronounced against him, this unfortunate man
suffered the extreme penalty of the law. Before ten o'clock in
the morning, the people of the country - men, women and children-
commenced entering our town..." See attached for remainder.

pat gre mete aac a
saath ane
aLaet Friday way without pny’ peal.
blae tooident ner aoetaeet -e pan - which
j tale. -or bene a WPA

hier Tay wo’ see Be ‘need of bor-
rowing-up the fnellugs of: any ene by
} Minuteunss of detail, om durribte vic-

[ teres of tinaginations 85)"

Atx little past I2'o'clodk Mf), Han.
ery. Martig was .taken from’ hie cell
.and tdak. hls scat upen his coffin in 2
wage Aud was oonre yad to -the gal.
ae, Biev! e aree

14 esose tls when
aherif and two. deputies and Ekdor |
J. Wesley Dunn, of sho M. E. ehureb t
| (Qolored). «Henry Martin, advancing |
to tha front, aaid hy was about to. die. }
ead: he..felespreparad. toga... Jesus
diebtrpeve att mmmkihdcaad ha be. |
Haved he-woutd- vare him. and-hoped
af wiwite weet fa | Baavan. Et. Datin

gealiae wink wha

geen ee oP

ctrowmatamney ‘ee: the :4rial.. theome
ven bata £2108 Goverser Tor |

If Ahad: the;
| wns, sate ‘more ooncermed ' ten the
} ‘moat: dlstuts 2 o

Stainton: Then
Jailes..Groves. spraig.; “the trap, and
she fee of aething. the spectators.
Web tots —deopped about.
Tse fash 9 aud ghaifs asd‘ Ghngied Tike
dog at: Wie ead of the rope, withaaf”e
atyuggie'pre sign excepts few slight
“shag; 3 utderss: Jn four-
Yeo “uilpatve—at “dhont halt pust’1

x taile iiectamt, hea: .

,o'¢ipok~-Dre. Henry: and Henderson
- pevdiongnoed ‘Heagy Martin dead.‘and

cee srorg:toweryd—tnte:-thee |
oo/B9 knd delivered over to hie fttende

«Over } persone | witnessed the.

exesution.: By. a earful count, as
thes Mhapng ‘filad- along o. diferent |

roads from the gallcws, it was ascer-
daisigtt: that f930 ‘persons réturnod

[ify the * Ugerollson ‘vend: tend
Lis @treatty— from7 thé géllows’ to

7800. of 2200 peuple witnessed. the
‘exrouHon: Weirly Wit of thie wunbor
tera: blegks, Sumo, efptina thd. ries
} wot more.; than, one, ia ‘twenty... ware
4 whete,aud casely aet one-tenth ware.
white. Prokubty™ phere. | were about
180 white’ petsons on ‘ttle -grownd, in-
leding: tha uffoers aod guard.

‘Tha crowd derieg the day drank

robab}y pot less than two handred
Roiters worth ‘of whidky, and yet.
though a large part of them remajned
In town autil nearly night, to. the
oredit of our commmanity, and to the
[sofu: ed people cepectally, it oan, be

‘said that there. was very little bois-

oantty, a0: thes -pot Seas thea

teroasnesswur eovfusion on the atrovts,
and uo dintarbahoe of the ‘peace wor. |

bes | “~ rs
4 me “"y A
bs a 5796

: A. AEE the Gift’ fime, wa bo
Veen | sindw the organization of the
ooanty—curtninly since the present
¥ P
jail was puife” £7 indolt for the ddan

Ma ots a

TY soMtacn’’ and ihe ony areal

i oie Fee |

- Spbiad ys a Glereg aims the
distinction of he tu the key
on No first: prisoner over pat in the
(Rearnt Jail ot this county; and hay-
tag taken ont and executed the hast -
Yahe, who wan. ute the firsd tried- io,
| the new: Cu ure ieme-ifer. ry sapitel

| offunse.

.
- _-

Seam CELESTINS|
@ rated when We feral) SS tea

ane

lanked the reporter te
ter, to be left to hie
ie him when he wae.

Whit Owens, an Alleged Ao.
eomplice, Oalled. =~ eae

hte, down let-|
ttle boy, and read |
s ald enough to un- | ~
extund, aud also @ letter to hia old
ather aod mother. | ie uneducated |
and used the dialect of the typical back- |. é
t bea ed Fade he aah ear aoe ye ee ae
, ay ae ‘ ters be ‘fixed up noice and right.” He ~
if * didn't want his own language used, but Teaching
his sentiments expreased. — Tt petit
Since Mathie’ incarceration In the coun. [| | Us
ty jail, many Chefetias people of the |
town have isited him and sought to tin ae
him to repeutance, A service of soug ani
prayer was held by a local pastor and
members of the Christian Endeavor So-
clety, and Mathis wes asked to mention
his favorite hymo. He sald it was
‘Jesus, Lover of My Soul. and the bymu
wis sting for his benefit. He asked many
tu pray fur lim, and says he can't make
his pedee with God because he cunuet
forgive those who have wronged hii.
William: Moore, @ tan? sooet, has
been taking dowt Mathie’ Ufe as faith:
fully as ever. Boswell took notes fromm
the Ups of tir. Johnson. “The production
wil! doubtiess be unique th the extreme, |
as the writer is tn pridod upon the charge |
ar hue stealing, and be muikes Mathis.
uo erg. ; en: :
“core ceapatatiold nade toe Whit Owens, Mathts’ father-in law, bas
anc nee ve it ce eat f been noced for yenty a8 one of the mont
the eriuinacs. es lawiess ineo do the state, It Is beifeved
wane this werilug court wis euded }ethat he bas made Mathie his scapegoat
er, and Mira, Will Mathis resumed [ for years, Knowltg that. Mathin (would
“tetimony. She disclaimed all know! ope bees ae ibe Pree
ai her previots statement, mitde les Aili iy. Dribatity Beats a MM re
‘ Mathis, Orlandy Lester aud Mra. Mathis,
hee ha coroner's jury, and. sald she wis is : 3

sine moder great excitement and THE LETTERS, —— o
Mee anid dil not reueniber’ what cons The following letters to his parents

fang Mathis Thursday —
One of
“minter rec
Cc. Whita
place las
Christian
Chirles wp
highly p!
entertals
mii with
Etrof. Alet
and foilo
af vocnl
tions aun
puplis.-
To the
| lddies an
tered the
tral aisie
They we
CONTHING,
crowns oo

Special to the Pieayuse.] ©
e Mine, Jan. WH Mathia’

gs an denbtl. of lisa: eoufouston uf

Viibesb the two Avutgomerys lias vreated
ee av erciteinent fn the town, Ao mot
a ae A inst wight and denntnded the
Ae be of the Oxford Jall frei Jailer Rand,

F thelr Intentign of Iynehing Wid
ew eat the three wevused in. the
» The mol wie toh that Judge:

wee ‘had the keys, and were fiduced

vad, even ufter the ropes had bec

Bene
sf ’

| tad ward

gies she might have nade.

PEO Cle sacs

were Writted at Mathis: re:
quent: oa a a
WEL
eae PARENTS. in S
To Me and Mrs, Samuel Mathis: My
Dear Futher aud Mother-f want you. to
know how sorry tam that ft haye given
you. se inuet trontle. fb know ft
broken your heart4, but the gause of my
oli Wwrelg Was net beetuse you dtd ioe
te your doty in bringtug me up, You
hott old al! you coum ta make mea
good man, atid after f got to iriukitrs
amd got un the downward track, you both
Wada you could tu wet tte to lead a
etter Ute TP dowt want either oof) rou
ty blame vourselves for what
done and what you couldo't help.”
tt vou tye noth my boy ja old enough,
{ wint vou to ward Bim agatust drink
ing whie ot whisky.) Phey lend toad
other «koa, and have Prought ve where
fam. J have been reading my Bitele
and tevin fo make pedee with jad. 4
hope ny staferd will he the: comfort fo
you da veur olf age that t td ee ta hare
yoon, and repay your love better tli
Lhawave Forgive te, Th you can, for bring

7-2 COON

MAMIIS' LETTER : TQ: : HIS

live

tf have

Miss W
e@e Forti
educator
how busy

—Uratory,

has owed
acts of hl

Pro
Ii pomeits,

nny con;
such aoc
parte, th
the wor!
therefore
eareer of

be given
_partivuia

a Jender
The ler

relatioas

France,

1th the te

of Louis

“He abow

lutis we
I

) t want you to warn h
i whinky.

WILL MATHIS.

Me Baginnd, the Jaller, wop next

ea to (dentify the letters wrilten by
pis to bin wife and friends while tn
The defense objected to the’ letters
“pefore the jury. The court ruled

‘ letters were competent test]

By, and permitted the letters, taget ber

b Ragland’s testimony, to go before

Qerz for what it ls worth, |
Ree Richmond, the negro sentenced
Tesday to Oo years in the penitqathary
| We Warglary, teutified ax to Prlands
' dager’ confession to tim, He std that
file and Jackson did the killlag, and
mm Phost every pardeular told the sane
pete testified to by Lester when on trial

pie eras for the defeuse closed at
Ve@ock. The argument for the prosecu-
See wae apened np by Srates
" ; Attorney Mi A. Montszomery.
SMe wos followed by Messrs. Kimbrough
pat Mise, for the defense, Vhe argument
fat he prowecuiion was cloned by District
p. geteruey Koane, and the cose waa given
> the jury at bc20 o'clowk. At 4 o'clock

e fury brought in a verdict of guilty os

din the indietuient, -

ediately upou the retirement of the
the cnse of Whit Owens wan cajsed.
witnesses names were called, but
6 Was dove owing to the lateness of
Ur A Jury wil) be tutpaueded to.

Ponited

WwW

I Mathia has mnmtntataed a bel) and

ale durniog the ttlal, atdo bas im
Banthy asserted bie clndueence.. Woe,
argument in the cose Dbegan his nerve

to fall hin, aad at the close of

cage he was dejevréd and dawnvant,

the verdiet wag broaght in he
down compeetely. The bad) naghing

fa to hile innecedee or guilt. |
Wife was deeply agected. and beth
; Pept bitterly. District Attorney Tonne's
ig Was ane of fie nest eloquent ane
‘i nelng ever deitvered in this cour:

Whit Owens cose fs expected to de

Rardeut fought case of all, us hem

Penly one of the four defondant+ whe

Ployed cougsel, [ntechise exettement

fe oover the Giete lireught out ta

Seal, nod the authorities: fear. that
Prluoners will set ooe dynehed

man who entera theo

( HAVE rOO bad
edo and oevery precauthoo in bebo
}fo protect the prisaiery, 40 that the

CON tuke [fe Goins,

tihaishietiee tous annnelic. ¢

BEFORE THE THIN. |

‘Talked nat Wrote Lei vay

ay 4 ES pe 4 f
Osfora, Miws
tople of tat

Pat hijae

both did elf you could ta make me
av en eu utter t gos dvithlo
nd got on the downward track,
id all you could ty get me to lead
wetter tte, | don't want elther
ta. bieme yourselres fer what §
a He a what f €o
Ft you Nve noth my boy le
agatuat

hey lead tu all
bbe bhrou bp me wares
eel cen ; mm

Sith’ God, |

dy
1g wine oF
other abas, and
¥ a cry! Hae ake pease
and trylug to ma wud
hope my «laters will Ra the comfort ty
on in your old age that L OughE to have
heen, and repay your love Detter than
; have. Porgive tat A A ¢ Re ey BER
ing you wa mue rouble, men

¥ WiLL MaTHIM.
WILL MATHIS' LETTER TO HIS BON.

fa exter Cleveland Mathie! My Dear
Sfu-to is with @ heart full of saduces
that - write you thie from the county
jail, where | ain now cougiued. | am tu
can dron vel if fect, where aw
kept day Everything Ja the
room in a& stave, bari
Wattress aud aaipe Dhak

to be old enough, |

wlere

rhighe,

will realige

Pan bour oof, fear

of your welfare.

hugged you

loved you wil

that a. father

bad rather you I

ta follow the Ife

that Is the earnest wish

father in thar you do right In

from the tine you are olf enough ta
know right from wrong, Love now obey
your kind mother aud try ta be a ¢Olb-
fort tu her, aad make up for tac trouble
1 Dave caused ber year life will be just
what yuu hake if, You cap inake it @
witecesw or ua failure. You whi hod that
people wilh wareh you cloxely on account
of the way toat your father has done.
But you wilh wet cred owhen you do
right, aud condemnation eu you da
Wrong. ‘

You wilh meet with evil) temptations.
but never sukune to che fist \temptatog
to do wrong Be Indust hous ach ecououst:
cai; Jove aud fear God, mink wuccesa Will
crown your efforts. Remember that pov:
erty does pot degrade you oor fuike Ble
unhappy. Nething wil degrade you tat
with, he wages of sitcis death, Above
all never touch whisky of amy stroug
drink. Never think that) yeu eag take
one drigk whthoug it hanging yoo, Every
druvkard haw seen poe Cine wheo he
could let drink alone latenmperance has
yulped more men CYAN every ether evil
in the workt When whisky gets tive adel
Vantage of a oinan, be is we for wo bumi-
chess er position in fe, AHL the demous
of hell cambined cpuhd) netorentrive or
Invent anmytinisgg that would be a WwarKe
curse fo Tainanity aod
we whisky. Std dF want to aay h
women could put whisky ata
down tf they tried
When DT was youn
ining, | owas the ido
win well thouglt
There waa. nothing
yrowiiy up ag
love Winky — At gould aniy Gas
sa woetat drink wtth friend, but, } kepe
Pon taking dhountif the va Ae wre w ou

drioking

ing life was prom
of my perenta, and
of by everybody
ta keep ome fran

Nrat f

me, apd PF could get atop. It Jed} me to
where — am now.> Never rouel fit. omy
hey Remember your fathers arwubyg.
and grow up Aa good Ww Forgive me
ihe wrong ft have done yous Yeug lovlig
father, WILL MATIGIS.
| lhLhFCnee

OUTLAWED TRACK RESTATED,

The Western Turf War te Over
(2 dan de The western
ne every TAY track iu

the

“Cinebing tt,

any rhe W

: Monday.

a 7
both

a A

of you}
ve

ip. *
eld eno
Grit

wore for Sata |
ere that |

ood Manat | learned to)

eontrey

,omivels

Ae ee.

Kreuch pea
til the fate
the downuf
by the #
nobility. ft
XIV that
that the
royalty com
XIV was &
presence.
whispers,
spoke as
Luoula XV B
despotic @
successor ¢
lun the ye
1g: kingde
tue Medit
Gnu the lo
Bonu Qurte
bles wt
onapart
nevenfeernut
to Cornieu.

Prof. Fo
days aad
education
the radibtayr
left at 27,
teuanr. Hi
wards fa
been moro
becuume he
gtrunge ooh
youths. ft
uo all stu
Avcient in
Was fxene
days, snd
epotiam (te
membered
favored th

The wed
the ouvert
tu buave og
the slege
inilitary g
tue ony
COM iba ned
the Engils

Later, it
Agniust th
whoa were
Yiy, Afte
At rhe as
whfeft of.
lraly and
hy @ ser
lightning
the
armies,

Praf, Fo
WAS One
to Napote
eglo ipeve
Jachwean,

Tn 17s
tack ng
hare” the
leaves NY
Wey pt, oat
Blghb tent
casa.

Na poled
fat lrvsaieed
follows @
And With
Again hre
At Wetheee
ners. Eu
Peaees an
art
Pyeng. thy
‘ana te
Which wo
Af the po
aii OR

> = 2

WL ee ee ee

*
a5
-

Bes

ee a ee

1 eon fet

ror t Lrough :
ta‘ authori iw eae th

BEFORE Tite TRIAL. ;

} Talked and Wrote Let(@h.
(Special to the Pieayune.| ae Ae

f, Miva, Jan, 3.--'The aileahagil

fopte of Interest in uorth Midkianippl

tae Past few weeks has been the mur.
of the two Montgomerys and the

, Amplicated tn the niutrder, Will
— the prime lustigatur of the fend:
d Meed, has talked! frecty tesm the Arst,

iw Ran insisted that be und the negro,

Lester, tre the oily ones wha

p toe bart in the king. Later plevelop.
Sheet show that Mes, Mathie, Whit

Wena, her ML aud BU and George
dactaon etch bad an aetive fal in the
Cate, tt has been discovered that. on

P Afternoon previous toothe murder

athis learnest that the two Mont:

itd nue eomlig cut to arrest: hilo
Ming an thei oti ate thet
Goliverately Plaoed: the under of the

a aban die thee desteucthon off thefe

Nelghbors testty that Mrs.

@ visited severai houses and bor.

ve b. | *
Pye owed Popes, with: Which, dt is jnow be-

itt ne the Vietling were bound, Whe hog
B Was vottey Upoas at decoy ta

i the offlecra util after dark, Mathis

ME thet that caiese he dreswed the

He hail, ithe; ‘ate wife and child
suffer frei Ue g,

t Ras Hisey teare hh developed tlint the.

{
th Whe aa Be te ted, tts Mathis
(Bone laiplicated Mest atated. “the

Mery Waope ea | witiy the
M bobtowed fruit selghiboarm | by
dee methia\ tid then totured iy Mathin

eee The ithe ef) the
ib i Pehop ped esa thee bodies
they Fecame taseaitie, and coal
| betred VPee The eb thea set oo
ere bing eon a Strong hi if
| thd ra Sut lon ty
sre Mathin, ts Well uw her tosbund,
1 me MEeVe ste och only alee
Meetlius of hee fataer tot tasbavied
Part whe took fa the anaes Mrs
piles sth youre ot age, and in a
pri gabe Weuuty Sle iw tall
wach cn With Weal developed) agare,
eyes, Hine fale und fair COL.
She Gursta lete teare Whetever
eed! the murder, apd has
rig nbout It whet forced to iin
hililng an wlveu Mevernl verstona of
.* 6, which AG Mot tend to wnat.
Of the ering, ‘The purse of Ce
eee iery, with blood on tt, wae
rh ony Mrs Maat ttbs effects, and
PL, ae o be use
ete Were roMied roe Whelae:
this meets resigned te hia fate
a ey aie WMeayune reporter te
, ge Bae ies that he night read
hee tent vo tor deal. He ati) pes
Cate Any one Of hin felons

eh ae

I de

te acto of lawlessness, Me}

. the Woaterd “pert Wee ts

“Cinclonat!, 0., Jan, 9.—The’ westers | & I;

‘turf war je over, 48 ‘every tece track In

thia section will be duder the contrat | 9,

uF the Western Jockey Club after nest
OUMAY Pe
“This ‘waa decided upon

who control the Highland Park track et

| Nicholas Hotel to-night, after @ eontet: |) ty
once between Messrs, Palmer and Heart, |

Detroit, the Fort Brie, Canada, track, |. ©

ind Dougiae Park at Louteville, and &. C, |

Chambers, who controls the Windsor

track, Messrs, Palmer aud Heort bad @ t

jong consultation with Frank Fowler, of

the Newport teack, to-day, and toid Lim

of thelr [ntentions, and he was thorough-
ly satiated that they shonld protect thelt
interests, but he did not say whet his
intentions were, Me, Chambers agreed to
tix tue dates foc the northern, of Cana
dian. efrenit so that there would be wo

‘coufliel, No exact dates: were fted. -

It now becumtes necessary for all borse-

men thet intend to race a@t points to
apply for relneatatement at the theeting

of the Western Jockey Club nest Mon-
: isa ‘ cassie i ihn Mistoads

Wore and Poatotice Rebbed. — :

Lag Vegan, NO OM. Jan. 3-News has
Just reached hete of the robbery. of a

atore aid postofiice at Revuelto, N. M.,

by four men artned with. Winchester,

that gh

done mu
the «yee

res, bis
hiumanit
military
commana
und bis
prof,
during b
ing lila
he of 1

im with

Tien £4

and with faces painted black. They se- 7)

cured $400 tf checks, eurtaney and post.

age stainps from the safe, nad then they

horses. After looting We piace, the rob-
bers foreed the poatmagter/and hin clerk

loaded what goods fa on thelr
to mount horses and eide @head of them

robbers |.

Were’ ar
Sport,

Maater :
a considerable distance out of town. FE
There iw nu cluw to the tdeutity of the |

haved
Maater
Minn We

Senet rir niin ier 9 46g. nena agar eons Aan age: Ame “aac pene eet foeMARY ER ARNE EBON “ROR ete, A

Acie

Tt soothes, nourishes and stre
', gestoring to the debilitated syster
. ambition. Gives perfect digestion

‘)

iby up ee oar j
“horses. A 8

‘Visitoga. to We jade in if

Wa oneal? if

the spiritual wauts.-of- -the--prisoser ;

‘Trom the date 0? his combination

Tode: with tyiee 1s the carrivge as the

‘place OF Mxecetion.” - We did nov’

to the jaik, mer did: ‘we: “weltinees:

‘execution, Put We same the: ap
‘nate’ diosa’ EH hos rm

+f EP abe : 7
hot the tomb,’ abd th
is we withat- uae, Pri le we
Fistey angele avert snag be

ity: pe worn,ont.by profene-|
ted disease and sicknass, and. it: ie
doubly painful to witness mh hp

Delt if gs |

avis reaching-thé eee of exe!
sation,the’ prisoner went from: the
ston to the“‘yailows+~ ascending
‘to the platform wath a firm step, and.
peated himself appercotly, with a

calm, fitm and igned wou, Ag. ie
had written out h confession inp

son, a few days’ betiee the execution
be did nos: address. the vast crewd, as:

dung and s fervent aad, otoquest.}
Prayer Presa. by the Rev. Mr.
ckson, after if the ro pe. was
cut, and ajl of
the manly forth of ae MW. Mask
{was bis “cold, and. inanima te.egrpsd)
suspended between She, keayens any.
iam earth, for she spirit soon tpek igs-t
Hight to the readma of RAT Y ec or |
\ During: the: morning of ithe day of |
tlie execution, Mask, wit: Ful. meta
& profession df reigion more than
twelro moothsagn, reesivedgio com-
peoy sith two of our holy. oo :
the sscrament.of the: Lord's Sapper
He theni professed. to. be perfectly rev }
Lgigned, and ready {0 _ mest Deu th ; inf
shut form
bends=ef the-isw. We: lean-thec,
| 400R, adser. ‘ofthe : lolx
| Sacrament Mask eee: one of
the most sublime, affcoting snd elo»
| qaemt prayers that was ever listened |
Loe . Premio bia makings: pro- |
fesaion of reb giot by be had‘prooured }
olson of ) Soe wad re}

er eae

od: on poisoning) himself sagt
perevasioas of . ona: rot his

abandoned that idée, cores
resigned: $0 the will ot-chet-

phic ‘Pales-and:goverpe ol ehings: - 7
Pederson ayn

that: the--mas ‘ieoked: sothing » but [
praper moral training iv tis youth
ato aagde cine a

(Lolly 5 pirangs Hela ih er

Hy bela t

- 7 : on 4
bie SOU eo ee ae
/ Bal Aue Tih ue a ee ae aves hed aie td ieee iti Cie nt ie
poe ee | AUN! THR AED VAMPInIt 185

™

“Charlea Nowton,” Tanapped, plucking a namo from a short
atory with whieh PE waa Cakerlag bofora bE atarted my Journey,
— Twatked to the door, cognizant Chat the two mou were mun.
HY Die belt ama, f atood outalda for a fow ovtaitos, teylige to
| appear nonchalant and also walling to seo If the two Newvoos
would follow mo. There was no enh dn sight, anyhow, Soon a
| squeaky-volced Ht man with vory gray hile asked HfL was
‘f looking for a taxt Io offered to take mo whero | wanted to sto,
1 accepted hesitantly, checking his Heenso number and making
sure no one hid in the back scat before I got up front with the
driver. He took me to the Southern Railroad station. En route

lem! © “What the hell's Maranttoe? 44
HM asontta Corporatlonm-that's a geont bie eld plants wt
ec! “Oh, Eaoo, And rome habo was glvliag you the oll cona-one"

vl “E veokon to, Muty nian, Pin too kml for that moray Tt |

— wouldn't say hoo to ‘er, Teast not around Masonite, Say, don't

| you want a aliye of tila ate" a
“Naw, man, E been sick asa pup all day,” 1 lod. “TE wanta

ho sober and try to get a fob tomorrow, Pd bo much obliged fo’

fn Nitto holp. By the way, any of you iiys know this MoGooP™
“Yeah, wo knowed ‘im pretty well,” sald tho overall- clad ee
Negro. ee

owe

eae ine yeu nee Vank e Was getting aes Mabie I asked if he knew what sort of guys Bill Mason and Sammy
8 Beater Yeah, I knowed what was going on. I knowed that McGeo re
+0 renee diy : Tr . Johnson were. He said he didn’t know any Bill Mason and
|g Bae told his wife he been doing ’er wrong. He said the only way fo’ ° »,] .
Sy Gee roe ; ©. %f .. Sammy Johnson.

— him to straighten up was to leave. So he went out west, sup- “ eek ek ;
f! I meant them two guys I was sittin’ with,” I explained.

22 oe posedly to get away from this woman.” “T don’t know’ 1” said the driver. “but t] 7M
F es “From this Hawkins woman?” I asked. I seilized immcdi- Sr Sed at eee ee ee te
{, | a ree the light one Long Bob. I can’t call the short one’s name at
3 an or ately that neither of them had mentioned the woman’s name. 2 deat wibout that ht F But t n't no Bill
i | I was supposed to know nothing about the case. I thought for ee “e ae oar Ee fii 1 ee rb u Poy ain a i
: ‘ cover-up words but decided I didn’t need them when the short Se on ammy Johnson, sey ay eats what ee

ft ; man nodded his head to say yes. I thought the tall one, who Ae uke I said ly. “L thought 1}
i" had seemed suspicious all along, gave a curious look when I: — bag % aCe ane oe Sees 5 ane Peed. 2 waren
‘oe mentioned the woman’s namo, but ho said nothing. I was sure _ _ refer to them by names sorta like that.
Ae they didn’t catch on I put my tice back on and boarded a train for New Orleans.
int , “Man, L'It bet that fury had contuption fits when y'all told I was confused and no Jittle disgusted by the Willie McGeo
- Cas what yout jest told me,” I fabbed. : Lop 6nso. low could 1 writo a newspaper report If nobody would
(f | Re “Jury hell, Wo aln’t told no jury nothing,” snid tho tall sie { _ stand behind his story, if fearful men gave false names?
it Skea man, “and we ain't ‘bout ’ tell no jury nothing. No usc mak- , A great fear, cither of the tinge of Communism or of physi-
if fo — Ing bad matters worso, Go to court and say what wo just said, eal harm, had made clams out of peoplo who — they knew
1 eee wo wouldn't havo no job. Might even wako up somo night with “al tho Gospel truth so long as tho swearing wasn't public. Hven
% eri. tho house aire.” : ef. were they to speak out I was not suro a jury would believe
es). “Well, I'm gonna mako a Hittlo run,” I sald. en case I ae : .f them, for evidenco of this so-called clandestino romance was
Hah somo help landing a fob, what's you fellow's names?” ~~ yf no mora Jronbound than was tho ovidence to the contrary, But
an | “rm DBI Mason and this fs Sammy Johnson,” said tho tall - 4. to mo tho story, tho real lesson, was that theso people wero
& pee Nogro hastily, at tho samo timo rolling his reddening cyos at afraid, Theirs was not an incrediblo story, not to a Negro who
7 oe his atumpy buddy, “What's yours?” ho domandod, | —— Tived In the South for elghtoon yoars and knows that almost
:: a _ dally somo sordid manifostation of humanity's goxunl lust
ee
|

‘il iit e 3 a
| if SP reste ist ' iM
HAY Keane ey AS Bee
BY Haka! nit vit base ace
WD act 188 SOUTIT OF RUtEDOM ieee NUN! ‘THI uD vVAMPInt 189
Pata ee
Ud # ee renee ; ‘ —
, Sata et, plauso that wont tp in Parliament a fow days hofore, whon a dice ganda from MeGeo's doomed body than Amorlean “patelots”
PEAS Mombor road a fottor donounelng tho oxocution, Wy Martinge 1) wore In Chote efforts to counter this propaganda, ‘Those “patel.
1 ee ins i. villo, Virglita, of rovon Nogroos chargodt with raptig a whito ! ols” apparently never stoppod to think of how tho Hods yot
Wee wg a woman hilo, at tho samo tino, tho Unttod Statos waa freolng 0 thely “symbol,” and that Amerlenns alded the Politburo far mare
|) PER Rear Navl war-crlminals, Be, by curshyg viellm MeGco and Jetting hin dle than by tryliys to
‘ Dae '. Tolegrams and letters pourod Into President Truman's oMco, see that ho got a punishment comparablo to thoso given to
i } oie Included wero appeals from elght Chineso Communist organ. — whites guilty of the same erfma, Instead, Americans had worked
Keds vations, Mr. Truman also got appeals from Inbor untons, themselves Into such a Jather swatting at the red vamplro that
i } ; N.A.A.C.P. branches, groups in many non-Communist foreign : McGce was doomed, not so much for his guilt, questionable as
| ‘7 re countrics, and from plain citizens the world over. Mississippi's | it was, but because he had Communist support and had become
1S Governor Wright said he, too, reccived more than fifteen thou. the center of an obvious campaign to injure the United States
i} 4 Bia sand letters and telegrams from all over the world. “A Jot of politically in foreign lands.
1) them are Communist-inspired,” he shouted. oo The telegrams and Ictters continucd to pour in to Governor
\ i o Willio McGce did not dic March 20, Again ho was spared, — Wright, who declared himsclf “sick and tired” of “outside in-
(J and it began to appear that this bushy-haired Negro who had terference.” He was the last man between McGee and death,
| 1 been granted six reprieves—three on his “last” day—might now, although a few people who were convinced that McGce
4}. escape the destiny of a date with the electric chair. was innocent—and the Communists, of course—pleaded in
fit But the United States Supreme Court again rejected the case. the final hours for a stay from District Judge Sidney Mize at
H | The candle was burning shorter for Willic McGee. The Missis- Jackson; Judge Wayne G. Borah of the Fifth Circuit Court
he sippi court again sct his exccution date—May 8, 1951. of Appeals in New Orleans; Associate Supreme Court Justice
int, It seemed that I could remember the day, even in my short - Hugo Black; and Supreme Court Chicf Justice Vinson.
i Py lifetime, when the march of students on campuses far and near, That the Communists were the kiss of death to McGee was
WE | the cry of pickets in the nation’s capital, and fifteen thousand best explained in the words of a white journalist: “Communist
ine appeals from neighbors and strange people in far-off lands support has just about sent McGce to the chair. Governor
HS would bring certain clemency for a doomed man. But not for | Wright is a very stubborn man, and now he is determined to
| i | Willie McGce; not for this wiry-haired grocery-boy who lived 1 see McGee burn.” Whether Wright would have granted McGee
A in an age when the word “Communism” is anathema; not for clemency had the Negro’s sole support come from the Campfire
uh this man who had been sucked up by the red vampire of | Girls is doubtful, but the governor turned his back on all pleas
Vf Communism, which flapped its verminous wings and blinded with Communists figuring in the appeals.
| | Americans to everything but tho fact that “the Communists aro So tho string ran out after five and one-half years, Late in the
supporting Willlo McGco.” This was the red vampire from afternoon of May 7, authoritics took Willic McGeo out of tho
1. which everybody ran, A white editor echoed the thoughts of lynch-proof Hinds County fail at Jackson, where he had been
3 A great many Americans when ho wrote: “Anyono who helps I kept for safety, and drove him tho ninety miles to Laurel,
; oe MeGeo holps the Communists.” sceno of the alleged erlmo, When polleo reached the Laurel
' ; Many 8 drow nearer, The Communists wero far boldor and courthouso with McGeo, a crowd of about threo hundred
| t i moro Ingonlous In thole offorts to blood tho Inst drop of propn- surgod forward,
thee

| gourIL Of FREEDOM

Nad te A patrolman, and a rovorhorating watlok wont up from tho |

throng,

Tho crowd continued to grow as night foll, Mon in work. 5.
J Clothes sauntered down to tho courthouse on leaving thelr

Jobs. Women left tho supper dishes unwashed anc Joined tho
throng.

The bushy hair that gave McGco the look of a wild man—
“a Jook exploited by photographers—was shaved off, At about
eleven p.m. the husband, brother, and two brothers-in-law of

Mrs. Hawkins filed into the courtroom where, with cighty-one

others, they would observe the procecdings.

ny
"McGco Is going to dio; lot's everybody ha nico,” shouted yi:

Outside, the mob had swollen to about seven hundred per- °

sons, Amid the bloodthirsty tumult there was tho sardonic ks |
chatter of a woman inmate joking with the mob from her cell. '~

Laurel's strects were baro of Negrocs, with McGce’s spiritual
adviser perhaps the only black man not locked within his
home so as not to get mixed up in any post-exccution celebra-
tion. Occasionally a policeman would remind the crowd: “We
don’t want any demonstrations.” .

Near midnight they began to strap McGce into the portablo
chair, Ic watched with the interest of a man about to learn.
something, but it was knowledgo ho would find little use for in

this world. At 12.07 a.m. on May 8, 1951, Willie McGeo was |

dead, Tho word passed along a human chain and out tho win-

dow to tho waiting throng. “McGee is dead.” Triumphant |.
yells picreed the otherwise somber night. It was the end of a.»

vain struggle. |
I rolled over in my bed Jater on tho morning of May 8,
somc one thousand miles away and three months after my visit

to Laurel, and saw a short page-one story in the Minneapolis’. °

Tribune stating that McGee had lost his fight. I got the funny
fecling of guilt, the fecling that I hnd failed . . . not McGeo,
who wasn't worth all the fuss for himself, but the causo of free,
_ honest conviction. I found a bit of consolation in my knowl-

vy hd :
; ;
' ‘

‘

. n
peer, Sy eens

hit

ala bo

vy i ip) 6? 2;
a
Nach

i Oa ANAC oh tare Rls A A BE LN Min ee
Be SBR Sia MOR MOREE AML d y
AE USWA LR GUE LOM A od

9g 148 pte ree re Ny

ee tet Rok
Baie d ety 4 t We
7% ye eae:

nun] THE NED VAMPInE! 101,

edyro Unit, although McGeo was dond, tho things mon attachod

is lo hla Ayht wore still vory muah alive, ho nama of MeGoo

would Hye along Umo-In the minds and consclances of hon-
st people who fool that, guilty or not, ho pald too much;
nnd whorover a Communist could wave the memory of him to
decry American democracy among tho colored peoples of tho
world.

McGee's death made page 29 of the New York Thnes. In
Paris, where the Assembly of tho French Union halted activ.
ities for a minute of silence in his honor, all the afternoon
papers headlined the exccution. Said the leftist, non-Communist
paper Combat, “The Mississippi exccutioncr has won out over

. the world conscience. . . . Yesterday morning a little of the
liborty of all men and a little of the solidarity bctwecn the pco-
ples died with Willie McGee.”

The American press was neither so sentimental nor so phil-
osophical. T'ime magazine, its vision still partly obscured by
the flapping of the red vampire, cricd: “The Communists, as
usual, had managed to distort the case.” It went on to give
what it called “tho facts,” a list of evidence that Icft not a
shadow of doubt but that McGce was guilty of a heinous
crime.
~ John Merling, a Washington writer and radio commentator,
noted that from the moment of exccution the Communists
wero through with Willio McGee and his family. French enter-
tainer Josephine Baker, on tour of her native United States,
had to supply funds to prevent a potter’s-ficld burial for
McGce, whom she too had tricd to save. Miss Baker said some
scathing things about the Communist rats who ran out with
their propaganda prize and the balance of moncy they col-

_. Iected for “the cause.” To many Americans—honest pcople

. who have spoken out for full equality for Negroes—this was
the total Icsson of affatre McGee: stay away from things
backed hy Communists. Said the Minneapolis Star, which ran
Horling’s picce on its editorial page: |

June ZS, I87¥
p-2, col. |

of ‘tlre lst; ag reported Jast week:}

— = -—---———a © Gae—
TuatT notorious murderer, Henry

Patrick, of Enterprise, it seems is not
to escape a just death, notwithstand-
ing the efforts of his cannsel to get
himanew trial. The Supreme Court
of this State has confirmed the ‘deci-
sion of tie lower Court, and re-sen-
tenced him to be hung on.the 31st of
next July. Ames will now show his
contempt of the Courts, we presume, |
by commuting him to the peniten-
tiary. |

1 Pre

a a a te ce git gizt yh
Merny Parnicn, ‘6MEnferprise, ig}
| re rare Pees t ch. Boo 4 Pe rare 8 |

to beliyng ou'the Zdth prox. Jisiead |

Henry Parnick, the murderer of}
Shumacker, was hanged at Enterprise,
last Friday. Ames was out of the
State at the time.

ial
tn

PATRICK, Henry, white, hanged Quitman, Clarke Co., July 24, 1874.

“That notorious murderer, Henry Patrick, of Enterprise, it seems is not to escape a just
death, notwithstanding the efforts of his counsel to get him a new trial. The Supreme Court of
this State has confirmed the decision of the lower Court, and re-sentenced him to be hung on the
31st of next July. (Gov. Adelbert) Ames will now show his contempt of the Courts, we presume,
by commuting him to the penitentiary.”-Weekly Ledger, Newton, MS, 6/18/1874 (2/3).

“Henry Patrick, of Enterprise, is to be hung on the 24th prox. Instead of the 31st as
reported last week.”-Weekly Ledger, Newton, MS, 6/25/1874 (2/1).

“Henry Patrick, the murderer of Shumacker, was hanged at Enterprise, last Friday. Ames
was out of the State at the time.”-Weekly Ledger, Newton, MS, 7/30/1874 (2/1).

Sheriff G. W. Holden was allowed $28 for the gallows, coffin and other expenses incident
to the hanging of Patrick.-Clarke County Board of Supervisors Minutes, Vol. 1, page 75, entry
dated August 5, 1874.

McLEAN, Willis, hanged Enterprise, Clark Co., MS 10/17/1874

Al a ee ee
4 Murderer

7 Hanged.
y T |
elegraph to the Constitution.) |

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ind Other Papers, Etc. _ }

‘onth Day = Year |

TOR Sy eary one ey

atahnnisdines

THE STATE OF MISSISSIPPI

Sg a ee

x INDICTMENT AND OTHER PAPERS | FILED — DISPOSITION

ae RE CERES a eS es aye ooeerss =
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4 Pe, oy
Hatt, re Le rite Ut Wee os :

rrect copy, | hereby certify this, the

pg Oe seat: Obie ome

A True and cc

Circuit Clerk, by

sneer Shas tay

‘PLAINTIFF'S ATTORN

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alate te ¥ V boa bow

DEFENDANT’S ATTORNEYS

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of Aieete,

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McNAIR, 0. Ce, black, asphyxiated, Mississippi (Ranking County) 2=17~1956.

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= 0.0. ME Main naa PC: dil WA fer f 9
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Patt lala gga etfint tPachaons
1 A b Atk, hen Joss While heave
Hal one” Sorry er 2 Late A, EY Pel, fight Athaee he:
Log. haces. Poa Craps Learere ten Aantal loanrded Sfasait
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shina emacs eraenaa dS Nit. Sirf 7 nde Saks ") Ca lawly Zens ASMA nc. Aatreemeuse

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pore: 4 bo C28) F3°

sities
HAs caeeReaeMa es.

7 Negro eeeuread heabdire gy/

O.C. McNair, Florence Negro, Paid with his life Friday in the states/
gas chamber for the murder of Const. W. L. Mullican of Florence. about
two Jyearsago.

Sheriff Dave Gaydeny Jri4 ., D puty John Edwards and Dr. W.H. Watson

of Brandon, in addition prison Chaplains and personnel witnessed

the execution at Mississippi State Penptaaciary at aig aa
entered

Sheriff Gayden said that McNair “kecthe-éx: exceution shane calmly and

without recrimination.

/ Brandon News edition Feb. 23, 1956

sae

—

LIL pavwsr~*

4 petter coverage on fires in the | don on the night of May sl. me
Sng on was sentenced to four years in the

county.
A storage garage was also erect- penitentiary for each offense, with

ed for storing all county forestry the sentences to run concurrently.
* units Tommy Reynolds and Joe Hayes
f the many im- entered guilty pleas to the charge

These are two 0
,e- provements the Forestry commis- | of twice breaking into Morris’ cafe
sion hopes to make in Rankin coun- | on Highway 80. They are to receive

ty from time to time to assure and their sentences Thursday of this

forestry program for | week.
Dolphus Vandevender entered @&

plea of guilty to a charge of pos-
session of intoxicants and was

4 e e e .
eet- Richland Civic fined $500 and costs and sentenced
On payment of

to 90 days in jail.

ion, Club Sponsoring $200 of the fine, the balance of the

sentence was suspended.

a Barbecue & Show Stennis Moore and Grady Parker

The Richland Civic Club is spon- entered guilty pleas to charges of
goring a Barbecue and Walking possession of intoxicants. Each was
Horse Show at the Richland School fined $500 and sentenced to 90 days.
<é°§ pm. on July a4 en 8 Larnatit | Pore paid his fine and the days
for the Richland Little League and were suspended. Parker paid $200
Babe Ruth League and the rest of his sentence was
; . ded

The Shrine Mounted Patrol oan | Penn
be present to add color to the pro- J. D. Milner and R. D. Pruitt
gram, which will also feature sev- were given 90-day suspended sent-
eral innings of baseball, trick ences on guilty pleas to sale of
horses and trick dog shows. Door intoxicants . . .
prizes will be awarded. Two old liquor law violation

insure a better
ent |all concerned.
and —— oO

ere seen et ae ts

b * abe %
iD Seay tle ating rm

. ..|cases a ckey—were
The advance sale of tickets 1s : y —
. Sed to the files.
now being made hy members ;
us E. , ae os oO. C. McNair, Florence ne
the Richland Civic Club. T. . 5 ;
charged with murder in connection

ve of “
be $1 each, which jtles the|~.
bearer to the entire/program an 5 with the death of Constable W. E.
, Mullican several weeks ag0, ent-
the barbecue. — ies
The chairman f the planning ered a plea of not guilty” when
| committee says thay will have some arraigned Wednesday morning. The
beautiful walking horses in the case is to be called Thursday and
-| :
show, which will Mollow the ball |? trial date set. The court appointed
games. More details will be given Colin Stockdale of Jackson to rep-
in next week’s Brando resent McNair. ; :
James, Hawkins, North Rankin
Prince Edward Island is con-|_ 624 es. rem
sidered the birthplace of the Do- aees —— woman, enlere 4, n0
minion of Canada guilty plea when arraigned Tues-
: day, The court appointed David

tirement about six years ago, he| Williams to represent Hawkins,
mem-| was connected with the Jackson with the case to be called later in
City Lines. He had driven a city the} week.
bus for about 37 years. yatt Jones, negro charged with
Survivors are his wife, Mrs. Ly- | murder, entered a “not guilty” plea
was a| dia Donald Boyles; two sons, A. B.| when arraigned Tuesday. This case,
i Boyles, with the city fire depart- toc, is to be called later in this
* Mon-| ment. Jackson. and Leroy Boyles, | terjn of court.

Younty,| with Corr-Williams. Jackson; two| In the case of Donald Morgan and

ackson| grandchildren, Bobby Boyles and Id Jean Wheeler Morgan, charged

iris re-| Nancy Boyles, both of Jackson. ' (Continuea on pase four)

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~ BRANDON NEWS "~~

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The » Oats Newspaper In The World bdarestell In The Progre:

NUMBER 44

A122

lash,

BRANDON, MISSISSIPPI, THURSDAY, JULY

tl
TOR

ee ned

do it oughta
ve around and
nty is growing.
ew homes—es-
ern part of the

you if you
g up. Those of
1 driving along
seen how the
as mushroomed
you who
have seen the
‘ence and Rich-

1 between. Just |

see the section
n drive in up
and back down
Ye may not be
but there's get-
lot more of us.

hose of you who
>» past couple of
ou've paid your
“ould be
‘ast four
Can vuve. If you
rated town, you
‘don the town
‘gister in one or
you think about

—-

: at Richland—or

fer—are going to
in the little one
with a barbecue,
»w and a couple
dall games. Every-
2 plenty to eat and
if you don’t go,
something super.
per person for
is includes every-
gram. The money
he two youngsters’
id Boy Scout troop
: Richland Civic

3s it!
o—

3 Club and the

1 League basebal

pected “plug” over
tal radio network
is | Juring the
4 tween the
ana the Chicago

ywuncer Al Helfle

yeacre cotton crop
aa growing to help
Sngsters play base-
2 We'll be needing
va this way when

live |

A Rankin Cosas a cast mam
jury selected from a special venire
of 50 men late Tuesday found O.

of the murder of William L. Mulli-
can, District No. 1 constable several
weeks ago.

In passing sentence, Judge W. E.
McIntyre ordered that McNair be
turned over to Sheriff L. G. Holy-
field for safekeeping, “until the
110th day of September, 1954, when
ee shall suffer death in the manner

and form prescribed by statute.”
Current statutes prescribe that
death sentences shall be by elec-
trocution. However, the 1954 regu-
lar session of the Legislature
changed the law, to be effective
Jan. 1, 1955, so that death sentences
are to be carried out in Hinds
county in a gas chamber. Since the
Legislature ddjourned such a con-
;troversy has arisen that no move
has been made toward building
such a death house.
The civil suit of Jerrell Mitchell,
a minor, by W. B. Mitchell, his fa-
ther, against Sheriff L. G. Holy-
field, Justice of the Peace T. H.
Shivers, and U.S. Fidelity & Guar-
anty Co., their bonding company,
has been continued until the next
term of court. In the suit the Mit-
chells seek $30,000 for alleged “un-
lawful arrest and conviction of a
minor.”

When arraigned in Circuit Court
Wednesday morning of this week,
Donald Morgan and Ida Jean
Wheeler Morgan entered guilty
pleas to a charge of burglarizing
Service Chevrolet Co. at Pelahat-
chie several months ago. On recom-
mendation of District Attorney Roy
Noble Lee, Judge McIntyre sent-
enced Morgan to a term of five
years in the state penitentiary.

As to Ida Jean Wheeler Morgan,
17-year-old wife of Donald Morgan,
the district attorney declined to
1 offer a recommendation to the
court. Following a lecture to Mrs.
Morgan and her parents, Judge Mc-
Intyre sentenced Mrs. Morgan to
two years in the state penitentiary,
“provided, however, the mittimus
for the execution of this sentence
shall not be forwarded to the State
Penitentiary authorities until such
time as the court, in term time or
vacation, without hearing or notice,
shall in writing direct the clerk

24 - fens

C. McNair, Florence negro, guilty.

FLORENCE NEGRO GIVEN DEATH
SENTENCE FOR KILLING CONSTAE

Methodists To
Begin Revival
Sun., July 25

The annual Revival will begin
Sunday, July 25, at the Andrew
Chapel Methodist Church with the
Rev. Carl Jackson of Vaughan
preaching at both Sunday services
held at 11 a. m. and 1:30 p. m_ Din-
ner will be served at the noon
hour.

There will be services each even-
ing through the week at 7:45 o’clock
as announced by the Rev. James
Adams, pastor. Betty Jo Lawrence
of Fannin will have charge of the
music for the revival.

Everybody cordially invited.

R. L. Cross vs. Emmitt Franklin.
Judgment of $454.48 and costs for
plaintiff

McRae’s TV vs. L. N. Muse. Judg-
ment for repossession of GE refrig-
erator valued at $450 and GE range
valued at $400.

B. E. Craft vs. J. M. Holmes,Jr
dismissed.

Bond of Billy Mitchell in amount
of $750 was declared forfeited, with
bondsmen Maxie Thomas and Dick
Farr to produce defendant at next
term of court or judgment to be
made final.

Sanders Motor Co. vs. F. N.
Rogers. Judgment of $680.22 and
costs awarded plaintiff.

Town of Pelahatchie vs. Mrs.
Lamar White. On guilty plea to
charge of reckless driving, charges
of speeding and disobeying com-
mand of an officer were dismissed.

State vs. Andrew Garrett and
Pearl Dean Strong. Judgment nisi.
Garrett’s bond of $2,000 was de-
élared forfeited, with bondsmen
Charles H. Warren, B. C. Conerly,
Mrs. C. H. Warren, J. P. Smith
and R. K. Head to produce Garrett
on first day of next term of court
or judgment will be made final.

State vs. Andrew Garrett. Judg-
ment nisi; $2,000 bond declared
forfeited, with bondsmen B. C. Con-
erly, Mrs. B. C. Conerly, and J.
P. Smith given until first day of
next court to produce Garrett.

State vs. Andrew Garrett. Judg-

ment nisi. Bondsmen Charles f1.
Warren, Mrs. Chas. H. Warren,
D & Canerlv Wre R CO Canoarly

Brandon School
Faculty for ’
Is Announced

The Board of Trustees of Brandon
Consolidated School and Superin-
tegdent T. B. Dungan have announ-
ced the following faculty list for
the 1954-55 school year:

Lower Elementary: Mrs. Virginia

Webb, Mrs. Robert Barker, Miss
Elinor Moore, Mrs. Juanita Lane,
Mrs. V. O. Franklin, Mrs. T. B.
Dungan_

Upper Elernentary: Mrs. W. E.
McClendon, Mrs. Emma Lowther,
Mrs. Berry Crain, and Mrs. C. W.

Burnham.

Junior-Senior High: Mrs. Lurline
Hamilton, Mrs. W. W. Benton, Miss
Jessie Wiltshire, Miss Hilda Brant-
ley, Mrs. Sara Richardson, Miss
Dauphine Jones, Mrs. W. G. Bar-
nes Mrs. Robbie Dukes, J. C. Her-
ring, John W. White, principal;
Louis G. Strickland, head coach,
Wade Bass, assistant coach.

Special teachers: Miss Jacqueline
Polk, Byers Killion, Miss Mary
Anne Martin, Mrs J. I. Hasty, Mrs.
Maude W. McKenzie.

Specia) Employees: Miss Hilma
Walling, school secretary; Mrs. Dor-
is Allman, cafeteria supervisor; and
Jake Renfroe, custodian.

Members of the Board of Trus-
tees are: Ruel Overby, J. O. Cox,
and J. W. McRae.

The tentative opening date is
August 30. Repairs and renovation
have been started on the school
buildings and will be completed
by this time.

ra
County Tax
Rolls Completed;

Meeting Monday of this week,
the Rankin County Board of Super-
visors accepted the real and per-
sonal property assessment rolls
prepared by the county assessor.
The board ordered that notice be
published that the rolls are open
for public inspection and that any
objections to such assessments must
be filed before the first Monday
in August. ‘

The board met again Tuesday

° b ott re ee

|sive 4-H Club Boys

With the 4-F

HAS POSITION IN
AMARILLO, TEXA

WILL BREAZEALE,
five was
County's very

years, one «
active an:
is
ciated with McKesson an
Wholesale Drug Co. of
Texas. He lives at Childr
Will graduated from Bra
School in 1948. Hinds .
in 1950 and studied ph
the University of New I
was an active member of
don 4-H Club for five 5
pleting projects in C
Forestry and Pork
Some of his most outsta
work was in the special
duction Program, 1947-1
1948 State 4-H Club Rot
at Mississippi State Co
represented the entire
Rankin County 4-H
participating in the Ham
Show and Sale. At thi
set the pace by earning |
bons on all eight of his

oO
Uv

Shiloh Cam;
Meeting Bec
Next Friday

The annual Shiloh C
ing will begin Friday
30, and continue throu
night, August 8, with

David H. McKeithen, pz
Poplar Springs Method
Meridian. preaching at t

aa aé¢

Eee Sea eet
| OTR MOS:
‘ ee ee e os =
t if
Sashes us +,
4
7
}

Sse mOe gate was left open

h Rankin County—

NEARLY EVERYBODY
Reads

THE BRANDON NEWS

ik
i
,
|
!

The Only Newspaper In The World Inter ested In The

106 —

NUMBER 33

tay 6 /45Y8RANDON, MISSISSIPPI, THURSDAY, MA

) Afraid ToGoHome...

fe pe, 6

N441%

to see the appropriate
emed take time out to'|
trike out at the cement
be they do have dif-
at seem important to A 22-year-old Rankin county od
but the fact remains , 8° who started out telling con-
mmunity is losing over fused accounts of the slaying of a
ages every day that the constable at Florence Saturday af-
me that could be earned, | terneon has confessed to the killing,
fovested. Sheriff Graydon Holyfield said
a oa the Negro, O. C. McNair who first
spread the alarm that constable
ing it, the union wants a | William L. Mullican had been shot
“Y @mcessions and will go broke down and confessed that he
fk while continuing to killed the officer because the con-
t wages: while manage-|stable was going to take the drunk
‘gant the concessions if | Negro home.

Wl accept the new wage McNair had enlisted the services

Yard get it over with. TO] o¢ the constadle to arrest three
@t from getting in front |Ne groes as a result of a fight. Af-
fm, it would secin proper |ter securing affidavits from Justice
fin membership to de- of the Peace W. C. (Pete) Dear, the
Peer or not the wages Of-| constable left with McNair to ar-
Mactory. If they are} ect the
tnthne fae Sheriff Holyfield and his deputies
é 5° | immediately began to suspect Mc-
hPa Pagal Nair because of the confused ac-

Of course, if they are | ; :

4 ~ |counts he related regarding the in-
with the wages that’s |.

, cident.

Negroes.

eo When McNair was searched before
apie geod . : . —_
being placed in Hinds county jail

bargaining” has be-|to sober up for later questioning by

a wrestling match. | officers, keys to the constable’s
grunt and groan. in- | truck were found in his pockets.

he. put on a show for| McNair, who has a record of
know before they go|AWOL in the army and petit lar-
just how far they're pore at Jackson and Gulfport, told
tad what the probable | officers later that he shot Mullican
be. because the constable said he was
—_—o going to take him home because
he was drinking.

McNair said he jumped from the
what the probable | officer's truck and dashed through
pe late and unlamented |the woods near the Mt. Creek road,
Be Musissippi Legisla- | two. miles south of Florence. He
PRe to do—nothing, or | <aid the constable chased him and
tax didn't get rais-|he hid in the undergrowth and
the school program, | tripped the constable as he came by.
fer those who have |The Negro seized the constable’s
tax burden to pay | pistol and shot him several times.
McNair said he was afraid his fam-
ily would “raise cain about my be-
ing drunk” and. that’s why he ob-
jected to going home.

After killing the constable, Mc-
Nair is believed to have tried to
escape in Mullican’s truck. The hood
was raised when officers arrived
at the scene.

However, McNair caught a ride
on a tractor owned by Bryan
Courtney and driven by Courtney's
young son. He rode to the nearest

hes vetoed the sup-|telephone and told of Mullican’s
pa bill, which is|death and accused the three Ne-

Re ket year, too. you could

session .. . the

pam $14 per day. One

& Supreme Court

segregation, while

Mest certain—is that

: tion is. for only

i hext regular ses-
away,

En et ae NN rca RE ae SD Ant es

“Hanis

Be We're spending | groes with whom he had been
to get business | fighting as the slayers.

® why spend mon- Later, McNair confessed to throw-

fet to Memphis |ing the constable’s gun in a ditch

along Highway 49 as he rode into

Matlican, Consta
Afternoon; Now Feld In Hinds Co.

an fess es the i

yp Ett My!

ble Of Florence, Saturday

Qt Wi Mian
fan? oe

, dd
e.

Jail

4-COUNTY B. T. U.
MEETING AT
MENDENHALL

Baptist Training Union officers,
leaders and members from Rankin,
Smith, Simpson and Scott counties
will meet at Mendenhall, Monday,
May 10 for the annual District Bap-
tist Training Union
Presiding will be Wyatt Measells,
of Forest, District President,
has announced that the meeting will
begin at 2:00 p. m. and adjourn at
9p. Mm.

Convention,

who

Visiting program personalities will
be C. Aubrey Hearn, Nashville,
Tenn, director of Study Course
Work, Baptist Training Union De-
partment; Kermit S. King,
son, state training union secretary,
and Gene Pierce, Miss Louise Hill,
Miss Neta Stewart, and Miss Sam-

Jack-

mie Campbell, all of the State
Training Union Department, Jack-
son,

“In the Power of His Might” will
be the theme of the Convention,
which will include inspirational
messages, methods conferences, sym- |
posiums, the age group features,
special music, a presentation of Mis-
sissippi's five-point Training Un-
ion program, and the election of of-
ficers.

The host church will provide sup-
per. Counties io be represented are:
Rankin, Smith, Smipson and Scott.

o—_—_—— -—

47 Seniors Get
Diplomas, May 18

Forty-seven seniors, the largest
graduating class in the history of
Brandon School, will march across
the football stadium on Tuesday
evening, May 18, to receive their
diplomas,

Having an average of 90 or above
for the four years of high school
work, eight of this number will
graduate with honor and will have
a special part on the program. They
are Jeannine Burnham, Mary Jo
Franklin, Mary Kate Jones, Mary
Lou Kersh, Jane Marbury, Barbara
Overby, Jean Reid, and Mae Rhodes.

Every member of the class will

participate in a choralopue entit-

Florence on the Courtney tractor.

Children found the 28
pistol Sunday.

McNair he shot the con-
stable several times with the wea-
Be tiuens of the 3} pon because the officer “kept com-
ot te om the mutter, ling at me in a stooped position”,

We agree Mf they're | Sheriff Holyfield, his deputies,
A) fax themselves |and members of the Highway Pat-
WY to a bunch of |rol converged on the scene quick-

Bae beter

caliber

Bared the Lill to

in Coast counties to
oaewEp to wands in the
‘ Me said he was

said

Nair rode with him and a patrol-
eft the legisla man to search for the three accused
Met of wrong’ | Negroes and McNair, offering to
Weted bo raise the jhe}p find the former’ companions,
are hot route.” Gayden said he became sus- |
se “ty we will soon ‘pie tous of MeNair for his remarks
me jena directing them along a strange
8) route to search for the Negroes. Me-
Brandon and | Nair was handcuffed and placed un.
borne telling | der arrest
thin and stew | uncovered
ent. tl

Perse. letablaien tr

A search of
the
weed

keys to the

ly. Deputy Dave Gayden said Me- |

Brenses here at | directed them to “an out of the way |

the Negro:
con- |

led “Hello Out There.”
speaker will be
J. T. Coleman.

Classnight, which will be obser-

ved at eight o’clock’on Friday even-
ing, May 14, will be the

mencement activity.

The guest
Attorney General

initial ecorn-
All seniors and
juniors will participate in this color-
ful program, which will have a
| Mardi Gras theme. Betty Jean John-
ison, and Ted Sanderson have been
selected by
during the

their classniates to reign
evening,

The baccalaureate sermon will be

| Pres iched by Bishop Marvin Frank-
{lin in the school auditorium at 8:00
o'clock, Sunday evening, May 16,
|Special music featuring the high
school chorus is veing ararnged by
Misses Jackie Polk and Mary Anne
Martin,

Members of the graduating class
are:
Billy Renton,

tway

Reid Faries, Robert
y vy Ca

ee, Autert File thf

Board Makes
Many Purchases

At Regular Meet

Meeting Monday, Tuesday and
Wednesday of this week, the Ran- |

kin Board ot Supervisors |

County

accepted bids for trucks for some
of the districts and issued notes |, CoKERSH. da
for part-payment, pledging state’, i iuch B Kees
gasoline tax receipts for the note p ete Saturday
payment. The notes were sold to: ,, om es
Rankin County Bank and arc to DB Cunece: dhe
bear 4 per cent interest. i t Bi
The bid of Brandon Amo Cao, Cos. Bets Ch Big
for sale of a 1954 Ford pick-up at ce). i: ind S tte
at $1,485.00 was aceepted fer the | F ‘ it 1
Juse of Beat 3, Only $85 was avail-{pand. Mars Lea ts
able to apply on the purchase, ac- | dra . sie ad
cording to the minutes of the board | ti\, She is €
and notes for $700 each were exe- | of Miv and Mis R
{cuted. One is cintable June 15, 1954, | Braais and H-B
and the other June 15, 1955, \ Jacke id) Bianded
The bid of Brandon implement | - 0
Co., of $2,488.50 for furnishing, for | aieerentionr
lise of Beat 3. a new International ;
| two-ton truck was accepted. Two ‘Wirs. MecDo
| hundred eighty-eight dollars and}
fifty cents was available to apply | Named Chi

lee the purchase. Two notes for $1,-
| 100 each were issued, payable Dec.

Of Cancer

15, 1954, and June 15, 1955.

A bid of Simpson County Motor | is EB. MeD
Co., for furnishing a new Dodge |.” ~ Hane! Ci
215 ton truck with dump body Bt cus ‘an for -therst
$3,725.00 was accepted for the use } Unit. American Ca
of District No. 1. The board paid nationwide 1034 cru
$2,025 on the purchase and issued which is ii progress
two notes for $850 each, one payable : chairmen named
December 15, 1954, and the other Mrs. MecDoweil — are
June 15, 1955. Maxéex Jr ‘Brando

In the matter of furnishing two Ross. Pelahatchie: M
| counter sections, four roller shelves

on, Flurence. Dr.
| and a double-top desk for use of |447))- Thurston
}the chancery clerk's office, the $2.- | ett: Mrs. Perey G
993.00 bid of Guy Printing Co. of | ys. W. G. Sowell
Meridian was accepted. Payment | ytrs W. Speer. ¢

fund. Flowved. Peart: W. }
On a bid of $5.865, the board | Mrs. C. W. Aldridg
awarded Westerfield Construction 'H. C_ Steverson,
Co, the contract to build the Ran- | Ruby Norsworthy,
kin Counf? Branch Health Center at Pat Harrison, Holly
Florence on a lot conveyed to the Pippin. Piney Woo)
county by T. L. Therrell. | Rankin County 4
At public auction of the $6.900
Beat 1 bond issue to pay for the!
health center, Rankin County Bank
was low bidder. The bid accepted |
provided for payment of a $5.00!
premium and a 2', percent interest
rate. :

officers are as foll
+, Pelahatch]
Mrs. ER

County Can
Slater
Mrs

Fannin
Mrs.
jretars

Gordor
Knov

vhie

For the 16th Section
Fund, the board ordered the
of $16,000 worth of U. S. Govern: }
Series G Bonds of 1942, With Cooper,
the money derived trom the sale of | Mrs
these bonds, bonds of the Steens |
Creek Consolidated School District
are to be bought. The school bonds

Principal , Many

sule!

ment Pelurat
MeDow
the me..th-long
have a

impart

erpillar diesel
to Beat 1.

bulldozer belonging

icitation for the d

For $488.50 the board sold a 1948 | tions
two-ton Ford truck of District 3 As the drive op
to Brandon Implement Co. paign chairman €
For $625 Brandon Auto Co.. bought | dence that “this c¢
ja 1951 half-ton Ford pick-up used , has in past cancer
‘by District 3. > wall contribute ds,
J.D, Pittman was appointe

d as j fal hung the killer 0

wea An

was ordered out of the general | pisgan_ Sand Hill: F-ss

‘campaign with hof 7s"

mature $5,000 on May lI, 1973, and cer to °
$11,000 on May 1. 1974, and are to funds for the Soc: ea ubrnlcbor
be bought from the Leland Speed ; trol programm of res ‘
Co., for par and accrued interest. jal and publhe ed

For $2,000 the board sold to Wat- | vice to patients. VpStwaiateagaaa=
kins-Aldridge Equipment Co.. a Cat- |have made pians axa

Me. Dut on a show for
know before they go
just how far they're

bargaining” has be-| to sober up for later questioning by
@ wrestling match. |
@unt and groan. in-

being placed in Hinds county jail

officers, keys to the constable's
truck were found in his pockets.

McNair, who has a record of
AWOL in the army and petit lar-
ceny at Jackson and Gulfport, told
officers later that he shot Mullican

and what the probable
be. because the constable said he was
going to take him home because
he was drinking.
MeNair said he jumped from the
officer's truck and dashed through
He late and unlamented the woods near the Mt. Creek road,
Pw the Mississippi Legisla- | two . miles south of Florence. He
PE to do—nothing, or |said the constable chased him and
wiles tax didn’t get rais- he hid in the undergrowth and
MP be the school program, | tripped the constable as he came by.
for those who have | The Negro seized the constable’s
the tax burden to pay | pistol and shot him several times.
McNair said he was afraid his fam-
ily would “raise cain about my be-
the gate was left open |ing drunk” and that’s why he ob-
MW wpecial session... the ;jected to going home.
F that $14 per day. One After killing the constable, Mc-
U. S. Supreme Court Nair is believed to have tried to
M school segregation, while | escape in Mullican’s truck. The hood
bd most certain—is that | Was raised when officers arrived
M eppropriation is for only at the scene.
fd the next regular ses- However, McNair caught a ride
Years away on a tractor owned by Bryan
Courtney and driven by Courtney's
young son. He rode to the nearest
bor has vetoed the sup- telephone and told of Mullican’s
highway bill, which is | death and accused the three Ne-
d be. We're spending ' groes with whom he had been
# dollars to get business | fighting as the slayers,
Pl. so why spend mon- | Later, McNair confessed to throw-
buiness get to Memphis jing the constable’s gun in a ditch
Cleans? | along Highway 49 as he rode into
Oa ; Florence on the Courtney tractor.
nor signed the bill to| Children found the .28 caliber
. Gulf Coast counties to’ pistol Sunday.
ay to islands in the | McNair said he shot the con-
ico. He said he was stable several times with the wea-
© the citizens of the 3 |pon because the officer “kept com-
d vote on the matter, ! ing at me in a stooped position”,
Bet we agree. If they're| Sheriff Holyfield, his deputies,
be to tax themselves |and members of the Highway Pat-
Mériveway to a bunch of |rol converged on the scene quick-
then let'em. ly. Deputy Dave Gayden said Me-
f —o— |Nair rode with him and a patrol-
Be most of the legisla- man to search for the three accused
“party” Tight or wrong’!Negroes and MeNair, offering to
They voted to Taise the {help find the former! companions,
Fomting licenses here at directed them to “an out of the way
Wen predictions are hot ' route,” Gayden said he became sus-
at all of us will soon ;Picious of McNair for his remarks
bit again! and directing them along a strange
ef —o— route to search for the Negroes. Mc-
id ‘round Brandon and | Nair was handcuffed and placed un_
be fon comes home telling |der arrest. A search of the Negro
# W catch, skin and stew | uncovered the keys to the con-
't be surprised, Troop |stable’s truck,
if 4 of America, is now The three Negroes accused by Mc-
having gotten under- | Nair surrendered themselves im-
night. Ed Warley is mediately after learning they were
pm to take on the task j being sought. They included Artis
on that bunch of| McLaurin, and_ his half-brother,
he and they will have | Willie Lee McLaurin. They said a
fe fight resulted as the Negroes were
returning from Byram to Florence.
baseball will be get. |It was reported McNair tried to
Y, too, about the time | force Willie Lee McLaurin to take
out for the Summer.|a drink and this resulted in a
hi a Team should have | brawl. McLaurin knocked McNair
t than they received | through a barbed wire fence and cut
? the program is to sur- |McNair’s clothes and body, he said.
PM. Lights for night games| Justice of the Peace Dear said
Mats will be provided, | that McNair had cuts about his
ae your Plans to attend |clothes and body when he came
te Rtedule is announced. | with the constable to get affidavits
—— sworn out against the three Negroes.
Pat grateful for a hand- Officers said McNair is believed
Peeate “Foy Meritorious |to have cut himself some more
Prented by the Rankin | after killing the constable in order
tulosis Association. |to “fake” another fight with the
Ye received it at the | Negroes in preparing his account
of the state TB as-|of the killing.
Couldn't get there. So McNair is held in Hinds county
M County group accepted | jail pending further investigation
d Monday. Dr. W. H./and the filing of murder charges
RS McLaurin, and | against him.
tham made the pre- Funeral services for Mr. Mulli-
ybe we're modest, but | can were scheduled at 2 p. m. Mon.
} « do nuthin’ we didn't |day from the Steens Creek Baptist
Wouldn't do again— {church with the Rev. L. C. Hof
Wrreciate the kind | officiating, assisted by Dr. R. B.
Gunter,

“a

fast year, too, you could
Hed what the probable

—o—_

—o—

'
'

mie Campbell, gll of jhe State
Training Union Department, Jack-
son.

“In the Power of His Might” will
be the theme of the Convention,
which will include inspirational
messages, methods conferences, sym-
posiums, the age group features,
special music, a presentation of Mis-
sissippi’s five-point Training Un-
ion program, and the election of of-
ficers.

The host church will provide sup.
per. Counties to be represented are:
Rankin, Smith, Smipson and Scott.

tencnemninsaoateit cai ites ens

47 Seniors Get
Diplomas, May 18

Forty-seven seniors, the largest
graduating class in the history of
Brandon School, will march across
the football stadium on Tuesday
evening, May 18, to receive their
diplomas,

Every member of the class will
participate in a choralogue entit-
led “Hello Out There.” The guest
speaker will be Attorney General
J. T, Coleman.

Classnight, which will be obser-
ved at eight o’clock-on Friday even-
ing, May 14, will be the initial com-
mencement activity. All seniors and
juniors will participate in this color-
ful program, which will have a
Mardi Gras theme. Betty Jean John-
son, and Ted Sanderson have been

selected by their classmates to reign
during the evening,

The baccalaureate sermon will be
preached by Bishop Marvin Frank-
lin in the school auditorium at 8:00
o'clock, Sunday evening, May 16.
Special music featuring the high
school chorus is being ararnged by
Misses Jackie Polk and Mary Anne
Martin.

Members of the Sraduating class
are:

Billy Benton, Reid Faries, Robert
Faries, Aubert Files, Jimmy Gaughf,
Richard Holyfield, Sonny Hutchin-
son, Gabriel Jeffries, Bobby Jones,
Jerry Jones, Ray Mahaffey, Jesse
McRight, Bobby Millican, Billy Ray

Pippin, Wayne Ponder, Lamar Rid-
dle, Ted Sanderson, David Steen,
John G. Wirtz, Joe Warren, Ted
Cook, Mary Louise Baker, Margie
Bridges, Jeannine Burnham, Shir-
ley Dickson, Mary Jo Franklin, Ed-
na Hemphill, Barbara Holyfiled,-
Betty Jean Johnson, Charlene Jones,
Mary Kate Jones, Mary Lou Kersh,
Jane Marbury, Audrey Martin, Bar_
bara Overby, Margaret Clay Over-
by, Jean Reid, Mae Rhodes, Mrytle
Mae Roland, Ruth Root, Helen Dale
Thompson, Mary Bernice Thomp-
son, Elizabeth Till, Kathryn Wade,
Jean Worthy, Carolyn Lewis, Sybil
Sutton.

Survivors include his wife, Mrs.
Ella Pace Mullican of Florence;
one daughter, Mrs. J. W. Berry of
Florence; three sons, Malcolm, Wil-
lie Paul, and Howard Mullican, all
of Florence; two brothers, Edgar
Mullican, of Florence, Huttie Mul-
lican of Omaha, Nebr.; five sisters,
Mrs. Preston Smith, Mrs. Myrtle
Barry, Mrs. Grady Miller, Mrs. John }
Byrd, all of Florence; and Mrs, W

B. Harrison of Terry, and five grand

children

and the other June 15, 1955,

The bid of Brandon implement
Co., of $2,468.50 for furnishing, for
use of Beat 3. a new International
two-ton truck was accepted. Two
hundred eighty-eight dollars and
fifty cents was available to apply
on the purchase. Two notes for $1,-
100 each were issued payable Dec.
15, 1954, and June 15, 1955.

A bid of Simpson County Motor
Co. for furnishing a new Dodge
2'2 ton truck with dump body at
$3,725.00 was accepted for the use
of District No. 1. The board paid
$2,025 on the purchase and issued
two notes for $850 each, one payable

June 15, 1955.

fund.

county by T. L. Therrell,

| Beat 1 bond issue to pay for the
health center, Rankin County Bank
was low bidder. The bid accepted

premium and a 2', percent interest
| rate. ,

For the I6th Section Principal
Fund, the board ordered the sule
of $16,000 worth of U. S. Govern
ment Series G Bonds of 1942 With
the money derived trom the sale of
these bonds, bonds of the Steens
Creek Consolidated School District
are to be bought. The school bonds
mature $5,000 on May 1, 1973, and
$11,000 on May 1. 1974, and are to
be bought from the Leland Speed
Co., for par and accrued interest.
For $2,000 the board sold to Wat-

erpillar diesel bulldozer belonging
to Beat 1.

For $488.50 the board sold a 1948
two-ton Ford truck of District 3
to Brandon Implement Co.

For $625 Brandon Auto Co.. bought
a 1951 half-ton Ford pick-up used
by District 3.

J. D. Pittman was appointed as
constable for Beat 1. to succeed the
late W. L. Mullican.

oO.

It Pays To Classify. Phone 5133.

December jp, 1954, and the other

tn the matter of furnishing two
counter sections, four roller shelves
and:a double-top desk for use of Whitticld:
the chancery clerk's oftice. the $2,-
993.00 bid of Guy Printing Co., of
Meridian was accepted. Payment! ages yw
was ordered out of the general | piaah-

On a bid of $5.865, the board | Mrs. CW. Aldridge.
awarded Westerfield Construction’ H C :
Co., the contract to build the Ran- Ruby Norsworthy,
kin County Branch Health Center at Pat Harr. :

Florence on a lot conveyed to the Pippin, Pi

At public auction of the $6,000

provided for payment of a $5.00

kins-Aldridge Equipment Co.. a Cat- |

se ee Te ee) ee ae ae
° .

Jackson ond Brandon

rs, Hedok
Named Cha
Gf Cancer

Mrs. E. B. McDowe
has been named Cowl
chairman for the Ri
Unit, American Can
nationwide 1054 crusi

which is in progress ¢

Co-chaimen named
Irs. MeDoweil ire
Maxey, Jr,
Ross, Pelahatchie: Mi
don. Florence; Dr. W
Thureton
ett. Mrs. Perey Gra
Mrs. W. G. Sowell,
Speer. Go
Sand Hill. 1
Flowood. Pearl, W. M

jrandou

Steverson, La

« Holly
y Words

Rankin County

‘officers ace as tollos

Johnson, Pelshatehie
Chairnia: Mrs. E
Fannin, County Car:
Mrs, Sister Gordan,
jretars Mis Know |
tion Chia

Maniur Pearl Seis

Tehie Ba

Lie
Airs

Publicity Chairinan. ?
Cooper, Pe lanatetue
i Mrs McDowell en

the Mouth-long cance:

thave a two-fold
Mipart vital infers

cer to the publie

funds for. the Socets

; trol program of resear¢

jal and public educate
{vice to patients. Voli
|

jhave made plans for
jeampaicn with house
{2qszation for the crus

!tlons.
|

As the drive open
Paign chairman exp
‘dence that “this com

jhas in past cancer ci
| will contribute its ¢
‘fighting the killer that
toll of 227,000 Americ

—-——_—_—__ 9 ——

Chief harvest of the
(himself.

MRS, W. P. BERRY, (left) of Flor-
ence, Rankin County, first place
state winner in the 1953 Food Pre
servation Record Contest. yas pre-
sented a ostlver veretable dish by
Mrs, Anna PL Bede food and nu

trition speetablet of the

reuters j

jal Extension Service,

| Jackson at the meemu
i
;West District Home

{Couneil coniposed of

This award was pre
j
iNational Charden fnst

| Sponsoar,

MILES, Albert, black, hanged Natchez, Mississippi, July 16, 188).

Scat Reis

z AEA ELON LEE ARS TAREE A ALA SE RE AIIEL ELE, 4 PL AGEN SES

— i

URDERER HANGED, -

U MILES: PAYS THE: PENALTY: OF HIS

Ou: CRIME ON THE GALLOWS, ?)) °*:
- Natcnez, Miss.,: July 16.—Albert Miles,
colored, who stabbed his ‘wife to death on Sept.
20; 1882, ina. church near Deadman’s Bend, in
es : “Adams County, on the’. Mississipp!: River, 3)
‘miles below Natchez, was hanged: here to-dgy at
‘noon. He was taken’ from:-his cell ‘and walked
‘to.the scaffold between: two colored: ministers.
tha ‘His remarks were few, and expressed’ the: hope
that he: had’ found: forgiveness for his. sins.
| After an impressive’ prayer,’ in which the. pris-
} oner joined at times, the cap ‘was placed over his
} head, the. noose adjusted, and: the trigger
i sprung... His® neck..was?, broken... by’. tho
fall In; 20 minutes bis: body wis: cut
down: The-execution’ took, place within: the
jail yard, and only, a few ‘spectators—officials
and’ members of the press—were permitted ‘to
“witness it.\: Miles was tried, conyicted, and’ sen-

tenced at the March term of the Adams County
Cireuit- Courtin: 1883, and. .was to have: been
hanged in‘July followings but his: attorneys ap-
pealed the:cause to the gh coure Covrt, where:

the judgment of the low: court..was affirmed;:
and. May:-14: last» sct tof the-:execution.: But
“Miles was hopeful. a dspetitioned: Gov: Lowry,
who granted him’a stay. of execution. for 60 days. :
Miles-was about 30 years: of age, and was by
Occupation 4 farmaborer, and had also taught.
‘school, He said tha ile he.and his wife tre-
. quently.quarreled a iv ppily. together;
still-he bore her. no hatred; and: did: not: kill her
in ) nly meant:to slap: her
y of she fatal deed, and forgot that he had
einhig hanti. He expre himself ready;
,and felt:that his-sins had. been pardoned:
ae a crown. of glory awaited. him’in the,

Honsll te that:

4 weelts ago he and: several’ otter’ prisoners
in fhe County. Jail succeeded in getting out into:
yard by. digging under t foundation.

Flis -contederates! escaped over the. fence. by
‘means of: the’ scaffold adjacent thereto.-erected
for Miles’s execution in May: lasty:: But Miles said
that when’ he tried ‘to mount the scaffold he be-
came awestruck and’ dazed. dnd had.to submit to
: being recaptured... Cuca ity

<> CHURCH SOCIETIES CONSOLIDATE.”
Burrao; N.Y... July: 16.—The: papersvin

oe. «Ake
ees é

Ons Z £73

——

| Woes crete Lk Cup Se MM D> DEALS of
anew A etn De decsn/ vagal on “fh d
-! by WV ke Gisnctneret on i thi -_ fate) ofp Mu. : 7 At Oar

oben PA U 92% ae es wee Lk aw “

= Ly eg iy

ibiatanelone the TF. bay “f< Cc Has 7 WA 2!

Ay Ste ty, phe Cee Da A V4 DOL hee Doan. inna
: A Ce MIG L, ‘ ser : alice a
a os Ae GLE sting oe “ Mite of js -

Lk Z ae of 5

Vac} / Y i LS ho A : ¢
aa ee, g
a7 es aa 2 Cte a
. .

ASS 24 wena. Co. Gaui Cowet.

4
Minutes Book. cn =
|

ees
Bas.

Doble nmin ak Mayers » Mass. m 1-17-18 73. - Lomeo Minky yi Thames Wilians.

S Ss > ORR TT | 2 53 e Nn + f y 1 |
lave MERRI 4 L % black 5 he ne ~ a Ca , Fon 9 MS on Ma 863
« 9

Ordcred,; Thatthe Bherwhar Wadison copn- |
“ty beand- je Re dereby Pa nthorized 1 thangs
ithe negrd man | Morritt; the: ‘property of. OAR ;
Sin: sletou, at an ATC outside, the corporate :

: Limi } ts of the v. Lt uy “of Cant to, ne nd ee seludlchtie!, i im ee ears a © ‘i

April 24, 1863,p2,¢5

“Tur HANGING The negro man, “Merritt, who |
Bex condemned to be hung at the last term of our |
cuit Court, was executed on ‘Friday laat, on 2 |

ew mee ee we

“ dit of the place t we will ‘state, were children, ne-
> ‘and. rabble—-were present to witness the
easing spectacle. - The negro. is said to have met |

‘guilt of | the crime for which: he was condemned,

“fate with much © “firtineas: “He acknowledged |

Benressed a Lelief that lie had obtained pardon from |

lows crected is the open: -ptain South of the cites! |
pout five hundred persons—movt of whom, for the |,

better | world—and, giving the. » signal himself, anil
OT fell and he was launched {nto eternity.

May 5, 1863,p1,¢1

THE AMERICAN CITIZ
RICAN CITIZEN, Canton, Mississippi

| ) Maker for all Lis sias; sald be hoped he would ;
‘all his colored friends, ‘and white ones too, in |

Fe ates rere tate “¢ hy
nit cites

"Uniontown, Alas, Sept. 25, 191-Ihree men sought for a bLeakesville, Miss.,* jail delivery
in which an officer was kidnapped and a dentist seriously wounded, were captured by a posse
of officers near here today after an all-night search, They were captured four miles from
the spot where theyr automobile was’ abandoned yesterday afternoon, ‘abama ‘and Mississippi
State Highway Patrolmen and county officers, totaling more than 100, had surrounded the area
in which the men were hiding, and bloodhounds trailed them to a tenant cabin, Sheriff P, C.
Jenkins of Wilcox County took the three into custody on charges of having held up a truck
driver near Camden, Ala., late yesterday, ‘Alabama Highway Patrol Sergeant Charles Bunkley
identified the captured men as Troy L. Blackstock artd Walter Orville Phillips. Mississippi
Patrolman T, H, Ewbanks -said Mississippi officers had arrest orders for Thomas Warren
Blackstock and Phillips in connection with the jail break. A negro dog handler was shot in
the hand by one of the trio as he and his hounds drew near a creek they were following. The *
Negro returned the fire, officers said, and the fugitives threw their own pistols into the
gater, raising their hands. They surrendered then to Patrolmen B. S. Bishop, F. C. Bernard —
and J, V. Wright, along with Sheriff Jenkins, The sheriff immediately rushed them to jail
at Camden, accompanied by patrolmen and federal officers. Bunkley said one of the pistols
tossed into the creek had been recovered. Scene of the capture was in the vicinity of the
Wilcox-Marengo County Line, Alabama officers took up the chase a few minutes after the
Camden robbery and Mississippi officers joined them, An abandoned automobile was identifie d
as the oneused in the Leakesville jail break. Sheriff M, W. Breeland said at Leakesville
that two men forced Jailer W. E, Mills at gunpoint to release Troy lL, Blackstock, 23, held
as a suspect in a holdup at Citronelle, Ala, Leaving thejail, they met Deputy Sheriff John
Denmark and forced him into an automobile with than as a hostagee SheriffBreeland said one
of the trio shot Dr. C. G Dunn, who saw the break and attempted to sound the alarm, Depu-
ty Denmark was released at Lucedale, Miss., and later three armed men held up a truck driver
near Camden, Ala., robbed him of $150, Corporal Walter Tatum and H, Rush of the4labama
patrol said they picked up the fugitives' trail an hour after the holdup and chased them
north of here, where they abandoned their car and fled into the woods. Patrolman
{, EH, Wwbanks 4AXKMX said the abandoned automobile had half a dozen bull t= holes in it, and
contained a pair of Mississippi licenseplates, an empty pistol scabbard, a hat and one
shoe, U, 3. Deputy Marshal Stanley Fountain of Mobile said he had federal
warrants charging the three men with kidnaping in connection with holding Beputy Sheriff
eae as hostage in their flight," DELIA DEMO RAT TIMES, Greenville, Miss., 9-25-19h1
l= a}
"Camden, Alas, Sheriff P. C. Jenkins of Wilcox Countys aid he was ready, if requested to
turn over to Mississippi authorities a prisoner held in connection with a Leakesville, Miss.,
jail delivery in which Dr, C J. Nunn, Leakesville dentist, was shot fatally. Mr, Nunn
died yesterday in a Mobile hospital. Sheriff Jenkins said a man docketed as Walter Or ville
Phillips had admitted the shooting. He and another man are charged with forcibly freeing
a prisoner from the Leakesville jail and kidnappin« a deputy sheriff as hostage." DELIA
DEMOCRAT TIMES, Greenville, 9-3%-19)1 (1-2.) ‘The following is the caption under a photo-=
graph of all three prisoners, also on page onet "Captured after a wild 18-hour man-hunt
in which a Negro dog handler was gounded in an exchange of gunfire, these three youths
werejailed at Camden, Ala., to face charges of capital crimes in “labama and Mississippie
heriff P. Cc vJenkins identified them (left to right) as Thomas Ray Blackstock, 2ly of
Birmingham; Walter O-ville Phillips, 20, of Mobile; and Troy T. Blackstock, 25, of Bir-
mingham, The man-hunt started after they were accused of holding up a soft drink bottling
truck near Miller's Ferry, Alabamae Mississippi authorities said they wanted the trio on
charges of armed robbery, assault with intent to murder, and auto theft as the outgrowth
of a jail delivery at Leakesville, Miss., in which one man was shot and a deputy sheriff

was kidnapped."

"Meridian, Miss., 11-29-19ll-Attorneys for Walter Meri i
. W ikle, 19, convicted of slaying Dr
J. C. Nunn, Leakesville dentist and sentenced to be electrocuted Dec. 26, onbe nbd wg

they have filed an appeal before the suprem court," DELT a
3 3 e , A D O ‘ r Wa m
11/30/19))1 (1/7. ) EMOCRA’ TIMES, Greenville,

"Leakesville, Misse, - (AP) = Walter 0. Merikle, 20<year i
“ -old
WAX cheerful to the end, was electrocuted today in Die canty aul Ne oe? eadling’

of Dre Ce Je Nunn, a bystander, during a daring jail break M he engineered here last Sept.

ee Se, OR: Ser re. ee

2. The Reve Ce We Mueller, pastor of Our Redeemer Luthern Church of Jackson, spent the
night with the condemned man in the Leakesville jail and conducted burial services here.
The family did not claim his body, The prisoner, maintaining composure, began singing
hymns at 5:30 aeme and walked to the electric chair unaided, The execution was carried
out by Jimmy D'Lo, the state's official executioner who gave three charges of- 2300. volts
each in the portable electric chair, He said Merikle was dead seven minutes after the
first shock at 6:13 a.m. Three doctors examined his body, Merikle with Tom Blackstock
held up the Greene county sheriff's office and freed Troy Blackstock, brother of Tom
Blackstock, who had been arrested as a fugitive from justice from Alabama, Dr. Nunn, a
local dentist, was in the room with several officers at the time pistols were drawn and
was shot in the neck in trying to flee the attack, Merikle and the Blackstocks stole an
automobile and .carried town Marshal J. J. Denmark of Leakesville as a hostage but later
released him, The trio escaped into Alabama where they were rounded up and recaptured in
a wide manhunt." DAILY NEWS, Jackson, Mississippi, July 2h, 192 (1°.)

TTRIPPLE MURDERER ©

[wife's uncle. He fired a load of shot!
into the house on entering, killing

PAYS BEAT PENALTY:

ROBERT VONC IEF , NEGH®,
EXECUTED FRIDAY.

Crime Occurred Litte Over Year
Ago, When fle Sought to Slay
Vive Other Negroes.

OBERT MONCRIERF, New bao nV |
R eounty negro, murderec of three
members of bis rare, paid the pen-
alty on the gallows at Decatue Fri-
day, the exeeution being private and
faking place about 1:30 p.m. in the
counts prison, where the gallows
had been erected some time prior.
On account of the rope slipping in
some way the darkoy's neck was not
broken, and it was about 18 minutes
ufter the trap was spring. by the
sheriff, before he was pronounced
dead.

Monerief. who was about 25 years
of age, went to the home of Tom

Johnson, in the southwest part of!

the county, the Jatter part of
December, 1919, and proceeded to
kill-and burn all the occupants, five
in number, his wife*being one of
the five. While he foiled to kill all
of them, he murdered three and
burned the house, the hame $f his |

Annie Belle Johnson, wife ,of Tum
Johnson; and badly wounding his
own wife. Johnson jumped up and
he was shot down and killed, Be-
fore dying, however, he c&lled. to C.
Ford, a negro preacher, who was oc-
cupying another room, and when
Ford rushed to the ,room of the
tragedy, he met the same ‘fee, and

-{ertef, took flight . “Criple. George”
finade hes way to the home of RD.
.| Whattes. and reported the tragedy,

jeourt aMemed, and the date of the

was shot down.

~ Monerict's wife, who was able to
get up, begged her husband not to
kill her, promising to go anywhere
with him ind” keep “his crime’ “a
seereb.: After sticking a match. to.
the building Moncrief tefl with his
wife. After going a short distance,
he thought of the fact*that there was
angther oceupant of..the house a
crippled negro, known as “Cripple
(eorge,” decidéd that he had better’
go back and finish him. Returiung
to the scene of the crime. he saw the4
cripple man trying to get oot of the
burning building, fired at him and
the load knocked his hat off, when
the man dropped down as though
he was shot, afterwards making his
escape, Monerfef returned (6 join
bos wife, whe mm the meantime had
made her escape, and then. Mon-

borsome time Monerief eluded the
Patheers, but was finally captured in

ost Orleans, brought back.” tried
‘aod convieted in the circuit ‘¢ourt: |
An appeal was taken to the supreme
eouct, and the verdiet of the lower

hanging fixed for March 2h. .

Aasealitbbied sie —$$—$———________,—

" A as lve vy bi Via v
LLTO tobert 3 black, hanged Iuka, M3 on May 7,
up e Alike WIN 3 aud WS ZL 9 q -

ast Friday at}
et Fada

large crowd was permitted to file
by and look at the remains. This
was the first legal hanging in Tish.
omiugo County, eet

MILLER, Henry

Henry Miller, black, hanged Johnsonville, Miss., on July
25, 1879. Had mrdered Henry Mix Murphy, also black. '
Murphy had induced Miller's wife to leave and live wit
him, Miller went to Murphy's house one day while Murphy
slept and killed him with an axe, placing remains under
a plank in floor, That night took body to the woods.
When Murphy ended up missing, Miller arrested nn suspi-
cion and forced to accompany searching party which he

tried to mislead several times, vhereabouts of sap be-~
trayed by buzzards. Tried and convicted in May, 1579,

i ) imately 1,000
t in Court House yard before approxima yl, —
uniees, Made a speech from gallows expressing certain

mn
ty of going to heaven.
NATIONAL POLICE GAZETTE, August 9, 1879, page 10, column

. Prom the Gallows to Glory
_ SOHNFONVILLE, Miss., July 26.—Henry. Miller,
ored man, was hanged ycaterday, ‘for’ the. de
-Henry Murphy, colored.: Murphy bad ind
ler’s wife to desert her husband and: live:
One day Miller came along’ with an ax:
Murphy asleep, The next day Murphy wae: x
—_——" and foul play was suspected. ' Miller was arrested acd
@scarch made for the body..; Miller was-compeiled ta
accompany the searching perty, On the way he made
frequont efforts to: misleed them, but & flock of ‘bus.
rards betrayed: his accret, and the body was found.
He then'made s confersion, telling how he: bad killed
his victim, how he had torn up.a plank in the floor,
Ang and concealed the corpse, and bow be bad returned

in the night and carried the dead man ‘to the ‘Woods,
He was convicted in May and sontenced to be hanged:.
He teft here ‘yeaterday at five: o’cloek, in custody of |
Shorift’ Richardson and-one guard, and artived at
Johnsonville at eleven o'clock thie morning. Miller
road throw lthe ‘town with stolid indifference ‘and
aurveycd the throng with as much cooluces as though
he wae a epootator inatead of the central figure. Tho
Gallows was erected in the court house yard. About
one thousand people, mainly colored men, Women and
children, covered the ground. fenccs and trea in the
Ret,Rborhood tm thelr anxiety to vee the: axvegtion:
Ata quarter past two P. m., the sheriff brought out
the prisoner and placed him on tho ecaffold,” Paron
Balley having previously prepared him for death Mil-
lor’a calm and importarbable coulncey, did not desort
him tn hie leet hour, He told the crowd that he we,
about to go to his long ‘Fosting place, and: capreesed
his conviction (hat he wae going to heaven. “He ad:
| Viecd hie bearers to profit by hie terrible example and

load virtaoun ang staininvs Lo a ae

whe Womas. Assaulted by egro.

ae 7 —_———~
OA Froawésw / OSs al

ue i tel OL / V] 3

| a 14 2. |

(3/2)

MOON: 168 SOUTHERN 76 and PEARSON: 167 SOUTHERN 6).

MOON, Roosevelt, black, hanged Clarksdale, Mississippi, July 10, 1936 and PEARSON, Fedro,
black, 3s, hanged at Clarksdale, Mississippi on June 10, 19366

"(AP) Clarksdale, Mississippi, June 10, 1936-Fedro Pearson, 25-year-old negro, was
legally executed at Clarksdale at 6 o'clock this morning for the murder of J. C. Parker,
white merchant, on May 20 of last year. Pearson went to his death calmly as Sheriff
We Le Matthews released the trap. The hanging was the first legal execution in
Clarksdale in 20 years, took place in the rear of the jail near the courthouse and was
witnessed by 300 or more persons, about 150 of whom were negroes, Two ministers, one a
negro and the other a Jewish rabbi, were with Pearson in his walk to the scaffold and
had remained with him at the jail throughout the night. Roosevelt Moon, another negro
convicted in the murder of Parker, will be hanged July 10," AMERICAN, Hattiesburg, MS,
July 10, 1936 (7:1&2.)

ee ee ey

John Montgomery
Nanded at County Jail

- On Friday, Get, 28; Joho. Montzom.

<) e-

ery, rapist, paid the extreme: penalty
for his atrocious crime. With Sheriff

Cox and several necessary legal wit-
ieases were arumber of spectators.
Montgomery, xs we remember was}
sonvieted, at the fast term of ecurt, :of
an assacit upon Mra Shelton, and.was
captured. after many days of freedom, |.
near Ruleville. Ooce more, the officers
fof the county displayed their abtiity to
cope with the situation that might pre-
sent itself, as attested by the fact-that |

Montyomery ciate to the gallows
apparentiy indifferent, bat scon broke
‘down. In less that one minuts be was
teeenbing und began s song in- loud!
tones but waa quieted by the Sheriff.
ie trembling continued until he pass-
ed through the trap into eternity. The
Rev,-H.. ,-Martio. of_the_local. Bap-
tist church, detrvered a very consoling
prayer that most have made the situa-
j ton, _gee_that must. reeult in. death,
weder to withstand.
Mentgemery fell throegh the trap to
‘the end of the rope with aot one quiver; |
fet ne mnacis eppeared: te contract or
echecwies meve in any way. He wes
dend..inakentty: in the eyes-of nearly,
| every Witness, thougt life was not en-
rely extinct. as preneuneed by Drs.
Irvine and Newel t for abeat.11 miates.

YY IN Lr Lr ¥ 9 YULiid \ he so adie Lelbch tH oe

NEGRO RAPIST TO
HANG OCT, 28

|-—Fitman-tMontgomery, negro, atteged}

tn haye oruminal sssauiton a yous
woman, the widow of an ex-soldier, |
near Inverness, September 16th; will}
haug for his heideous crime on Friday, |.
October 28th. This was the decision }
of the jury trying him on Monday Sep-
tember 26. Although the brute was
tried and convicted ina record time, |
he was giyen a fair and-impartia! hear-
ing.. Attorney J, M, Forman and P.
W. Allen were appointed by the court}.
to defend thenegro-and-they- worked. :
against’ odda in an effort to save hie |
neck, in compliance with thciP sworn]
duty. However, the lack of conflict
Ing testimony-and the evrrubcretion of
)-Amportant: circumstances Ly Montgom...
ery himself, ‘alfowed ‘no YCoubl exist as
to whst yerdict the jury wou'd reach.
District Attorney Hairston. prosecutec
the case for the State.

Judge Davis-and the officere of the
court: have done a great” work and ave
entitled to the greatest praise for their}
jpromptness and attention-to duty. ‘The
‘public bave been appeased, the tria's

_bave been_ speedy and prompt end te}

ber 28th, This case, having been | Let- |
tled by the ceurts, an exceptionally}

fine showing for our people.

choueli nul a / | | 5

| lacs ™
Don Feowe R.

Dean slaying. He told officers in a confession, that he took the money hg got from Dean's
wallet and went. into town to see a picture show, eat hamburgers and play a jukebox.s The
case was appealed to the U. S. Supreme Court on the grounds that no members of his family
‘were present, since he was a minor, when the gonfession was taken before a large group of
white and Negro citizens. The case was affirmed by the high court and the state suprmme
court reset the execution date. A mandate from thes tate supreme court was sent. to. the
Hinds county sheriff this week. It was to be read to Moore shortly before, the, execution
will be held, Moore, because ‘of the ‘Dean case and several other attacks with-blunt |
instruments attributed by officers to him, became known in law enforcement circles as 'the
phantom killer.'" JACKSON (Miss.) DARLY NEWS, January 22, 1950 (1/2&3~) :

ad *ef

es are
risdic-
o give

MOORE v. STATE
Cite as 41 So.2d 368

nies of members ‘of their family, but thereof, and waited about fifteen minutes

bften ‘refuse truthfully to disclose their own

Cihisivial law ©3519(8) |
Where murder suspect was arrested in

y esenice of father and mother at 5:30 in
“the evening, questioned for one hour, and

questioned later with respect to other

“major crimes to which he confessed, and

tt : confessed murder at 9 :30, and trip to
~ seene corroborated confession which itself
repeated before eleven lay and other
witnesses who observed no coercion, and
% fehdant was advised of right to counsel,
ough: neither friends, relatives, nor at-
tomeys were present at ‘confession, con-

on was admissible as voluntarily made.
M benony '

Hy, aft fy

"y Cua

Pape from Circuit Court, Hinds Coun-
ty; i, B, Gillespie, Judge.

SAtthur Moore: was convicted of murder,
4 nd he appeals. maple rae

- Judgment affirmed:

a & Stockdale, Jackson, for appel-

E Greek i: Rice, peas General, iy R.
0 ). Arrington, Asst. Atty. Gen., for appellee.

GI ytd ti

‘ Bee Chief Jasice.

The’ ‘precise question involved on this ap-,

tal is whether or:not two confessions made
y'the) defendant of the crime ‘of murdet,
whithohe was convicted and seritenced
fo death,’ were made freely and: voluntarily,
‘These two confessions and other testimony
i the.case. disclosed the following facts:

: Onthe afternoon of January 27, 1948, the
defendant Arthur Moore came to. the con-
idusion that he wanted. some money and that
he would get it by force and violence... To
that end he.obtained an ordinary claw ham-
met and went into Valley Street, in the City
of Jackson, where he. found parked at the
gurb an automobile which he recognized to
d tthat of Mr. J. L. Dean, an insurance man

Fwho collected’ premiums on life insurance

] dlicies in that vicinity. . Mr. Dean had
eprerarily absented himself from the car
make a collection. The defendant

gealthily entered the car, laid down on the
‘x immediately behind the front seat

41 SO.2d—24

for the return of his:intended victim.
After Mr. Dean had returned to the car
and while he was occupying the front seat
behind the steering wheel he was violently
struck with the hammer on the top of' his
head aid was then:struck the second blow,
which resulted in his slumping over on the
meat of the car.

" Thereupon the defendant went around to
the left front door, opened it, got: behind
the steering wheel, drove the car out of the
City, carrying his: victim ‘with him, and
along one of the main state paved highways
for approximately’ one mile after leaving
the corporate limits, turned off onto another
hard-surfacé road and traveled the same fot
about -a mile or a mile and a half and then
turned’ onto ‘a not much traveled gravel
road and proceeded | for about another mile
and a half until he thought that his victim
had begun to fevive from the shock of: his
injuries, stopped the car, struck him several
more blows with the hammer, took his purse
from his pocket and removed therefrom
three $5 bills, three $10 bills, three $20 bills
atid two $1 bills, and then climbed over the
dead body, got out ‘of the car’ arid let ‘the
body fall onto the’ ground near the ditch
‘at the right side'of the road.» »

It is further shown, that the defendant
thereupon left the scene of his crimé, threw
the hammer away into the grass, weeds and
other undergrowth when he had walked
about seventeen steps from the car, and
threw the purse to the ground when he had
reached a poirit about seventy- -five yards
from the car, and, then proceeded to where
there was some water nearby and attempted
to wash the blood from his trousers which
he had gotten on his knee as he climbed out
of the car’ over the body of the deceased.

Thereafter. he proceeded back into ‘the
corporate limits of the City, attended a pic-
ture show, visited a cafe where he bought
some hamburgers, and then went home, aft-
er having hidden in a tin can most of the
money that the had thus stolen in the mur-
der and robbery of Mr. Dean,

On March 8th thereafter the defendant
was taken into custody by two city police
officers for questioning in connection with
an attempt then being conducted to solve

POE Se on an ea OR ee

Rt oe” Sats

hy SOUTHER (2nd) 368; 70 SCt93
MOORE, Arthur, black, electrocuted at Jackson, Mississippi, on January 26, 1950.

"CROWD WATCHES MOORE DIE FOR BRUTAL DEAN MURDER, by George Harmon, Staff Writer. = Arthur
Moore didn't come from a bad family and he was. born inthe slums, The parents of the Ne-
gro boy were described as "hard workers', They owned their own home in Southwest..Jackson
and two sons were in the Army two years ago when all thein troubles began, . Arthur Moore
was 16 years old then. His mother said he used to 'hang up the washing! for her. But
late in the afternoon on January 27, 198, Arthur Moore crept into the back seat. of.a
coupe owned by a young Jackson insurance collector, J..I Dean. Dean was collecting
money in the Moore neighborhood. When Dean got into his car, Arthur Moore beat him

over the head with a hammer, He drove outside of town and struck Dean again when the
young veteran groaned. Arthur Moore abandoned the car and the body. Three weeks later
he confessed to the murder during a routine investigation, The police were quizing Moore
in connection with the brutal beating of a negro man from whom Moore got $2.07. Moore
told police that he killed Dean because 'I wanted money.' Jackson attorney Colin Stock-
dale took the cape to the United States Supreme Court. He made the highest appeal from
Moore'd death sentence with money out of his own pocket because Arthur Moore's parents
had sold their house to financethe trial, They later moved to the Delta to farm. At
12:09 Wednesday night they took Arthur Moore's body out of the State's portable electric
chair and threw it in an undertaker's stretcher and drew the white sheet over his face,

A ‘Roman holiday! crowd of 125 persons had crowded, laughing and talking into the Hinds
County Court House basement to see Arthur Moore die, Before Moore walked his last mile,
the Reve Le Le Williams of Nazareth Baptist Church for Negroes in Jackson and three other
churches, visited Moore in his cell, ‘Are you ready to go? Have you made your peace
with God?! Williams asked. 'I'm ready to go,' Moore replied, ‘Are there anything you
want to tell the boys?! Williams asked. ‘Yes, tell them to remember God and be good,!
Williams r@ad from the Lith chapter of Job. 'Man is born of a woman and his life is of
few days and full of trouble. He cometh forth like a flower and is cut down.' 'Then ,!
Williams said later, 'I prayed and shook hands with Arthur Moore and we bade each other
goodbye,' Moore walked steady and by himself from the courthouse elevator to the electric
chair, He looked at tha audience a little but there was no expression at all on his face,
He relaxéd“in"the chair. until the electrociutioner put the mask over Moore's face, Then
he grew tense. The laughing crowd suddenly was silent. The pounding of the electric
chair's portable generatam echoed through the basement. The jice went on and Arthur
Moore clenched his fists and pushed the heavy chair backward as if it were a rocker,

A blue-grey curl of smoke fose from his feet. Three minutes later two doctors announced
they couldn't hear his heart beating. The tense crowd resumed their laughing and joking,
Je Le Dean's frail mother was brought forward on the arms of a son, She looked at Arthur
Moore's limp body sitting in the chair after the straps had been taken off. ‘I'm satis-
fied,’ she said," JACKSON (Miss.) DAILY NEWS, January 26, 1950 (1)/l&5.)

"arthur Moore, 18-year-old Jackson Negro who is schedul:d to go to the state's por&able
electric chair shortly after midnight tonight, talked with his mother and two white and
one Negro minister in his Hinds County Jail cell here Wednesday, Moore, outwardly calm
while facing his final hours on earth, was placed in a cell with other Negro prisoners,
and jail officials said they did not intend to isolate him unless he showed signs of
‘breaking downe' Arthur asked no special last meal. Asked by Sheriff Albert Jones if he
wanted a chicken dinner, he said: 'I don't care about that.' He was served regular jail
fare. There were no plans to prepare him for the chair until shortly before the execution
hour, The state's portable electric chair was to be placed in the basement of the Hinds
County Courthouse here, Moore was convicted of the January 28, 1948, brutal hammer slay=
ing of Je Le Dean, young white Jackson insurance agent, on a lonely gravel road which runs
from Raymond road to McDowell road, and robbing his body, The death penalty was upheld
in appeals to the U. S. Supreme Court and State Supreme Court,"

JACKSON (Miss.) DAILY NEWS, January 25, 1950 (1/8.)

"arthur Moore, 18-year-old Jackson Negro, is scheduled to walk his 'last Mile' to the
state's portable electric chair in the basement of the Hinds County Courthouse here
shortly after midnight Wednesday...(state's he robbed Dean's body of $60eee)eeeDean's

Chrysler automobile was found on the road with the brutally battered body lying nearby e
A joint city-county investigation was launched and Moore was apprehended for a hammer

attack on an aged Negro man, While being questioned for the crime, he admitted to the

. 2
th Sper ee

MOORE, Arthur, bl, elec,

368 «Miss.

hour at the time of the accident, and the
‘jury was therefore peremptorily instructed
‘that the plaintiff was negligent. But this
did not constitute the sole, proximate cause
of such accident, and the refusal of the in-
struction above mentioned was cured by
the giving of one to the defendants of such
similar import. a

The verdict and judgment i in favor of the
“plaintiff must, therefore, be affirmed,

__ Affirmed, - ws bin de roleuis

Ly ote

- MOORE v. STATE.
No. 37028.

’

‘Supreme Court of Mississippi, in Bane,
~ June 18, 1949,

Ae ‘Eciainai law €2741(3)

_) «Where county officials having custody
of murder suspect testified as to voluntary
character of confession, which corresponded
in; all material particulars, with , another
confession made to city officials on previous

evening with exception of conflicting state-

». ment. by suspect. as, to, where he procured

;murder;,. weapon, cqnflict in. evidence pre-

fession was admissible, ., 6 FS ee ay

TOY if you pat YsPle

9) Criminal law ¢>671

Where
wig objected, ‘to by defendant, on grqund it
-was, not. voluntarily made, trial, court

. must, require that jury retire ,while court.
determines an issue of fact from testimony _
, of those who were present; at taking of.

. confession, and also from testimony offered

by defendant, whether it, was made vol-.

untarily..,

~ 3. Criminal law €>1158(4)
' -'Unless trial court’s decision that- con-
' fessions were voluntarily made, and there-

fore could be introduced ‘in evidence, was:

manifestly wrong, Supreme Court would
affirm his action,’

4. Criminal law €=—519(8)
Detention without commitment is only

one factor for consideration,.in reaching,

., without “unnecessary delay”.
_ 2473. !

mes Od APT is wW rf, | 5 : oy
introduction” of a’ confession ::..,.

Jackson, M3 “an, 26, 1950,

41 SOUTHERN REPORTER, 2d SERIES

_sonclusion as to whether confession is

voluntary, and only, where confession is
obtained as result of unreasonable delay
in taking prisoner before magistrate for
examination into his case are. admissions
of guilt under such psyghological pressure
inadmissible.

5. Constitutional, law e266 if

Where murder suspect. was arrested at
5:30 in the evening, confessed. murder at
9:30, and repeated confession. before 11

«witnesses who observed no coercion, and

friends, relatives, or; attorneys: were, not
summoned but suspect had been advised of

Tight to counsel, and ‘suspect was not first

taken before committing magistrate because

‘courts were open only..in the daytime,

confession . was not invalid . as~ obtained
through illegal detention in violation of due
process of law of the Fourteenth Amend-
ment. | Code .1942,.§. 2473; U.S. > fi Coni
Amend. 14.0: Joon, i i iO

6. Criminal law ©>519(8).

Where magistrate and other courts
were open only in daytime and murder Sus
pect was arrested at 5:30 in. the evening,
officers could properly question suspect on
evening of arrest in connection with com-
mission of several major crimes before
taking suspect before committing magis-

. trate without violating statute requiring ; are
,Sented issue.of. fact for the jury, and, con-

resting person, to take suspect before. officer
Code 1942, “8

silt

See Words and ‘Dieses Peruana
, Edition, for other judicial constructions,
and definitions of “Unnecessary Delay”,

7. Criminal law 209, 211(1) 95° |

No officer should make complaint be-
fore magistrate, so as to charge suspect
with capital or other felony, until officer
has had~ sufficient. opportunity | to. ascer-
tain whether complaint is reasonably justi-
fied, and committing magistrate has’no ju-

risdiction to inquire into case until some 7

one is willing ito .lodge formal charge
against suspect, Code 1942, § 2473. J

8. Criminal law =304(2)

It is common knowledge among law |

enforcement officers that many crimes are
committed by persons from other jurisdic-
tions who are not only unwilling to give

lai

olong in’the case at bar- are ‘readily distin-
> testi Milshable from those in that case, In the
disine" rf ey case the officers began. questioning
om didy “the accused around midnight and continued
ve the) 46 do so until 5 o’clock A.M:, when he con-
endant, edhe claimed to have been beaten and -
itradics| % p testified; his mother. claimed that his
in the: 'dothes were torn and bloody when she

merely! ed the jail to get them two days after
es thats atrest and carried some clean clothes

actually ifr his use; that she was not permitted to”

stimony shim at that time; that when she first ’
ime but him five days after his arrest he was”
done $0} jd ‘and skinned; that during that in-

corically la lawyer tetained by his mother tried”

finished ce to see the accused. but was refused
lighway. nission-by the police; that he made the

1e prea Pwonfession.after having been shown (not;

rely informed of)..the written confes-

e upon . ns of the two other. boys, jointly accused, .
ary char. and that at no time before.making the con-
ibsequent | esion was he advised of his right to coun-
lf, where’ ..No such conditions are shown to exist
ing of the!” Ta the case at bar, The accused in the in-
lence and iglant case was questioned in,the early part

af the evening for an hour at first with an
fot or more intermission, and the question-
ing. was' largely with reference to two
th his vie et.crimes which he confessed. and still
disclosure | ers that were then unsolved, before he
thers, and! mitted the murder of Mr. Dean at about.

weight
rce and

iefit of the. 9:30 of the same evening as hereinbefore
ession Was” thown;.. Moreover, he was advised of his
5 in oder it'to have ani attorney before the con-'

law must! Mession in question and answer form was
| accept th Imade in the presence of the eleven witnesses
L calloused = [the police headquarters, A good portion,
the Lord,” Pel the remainder of the time before the

decision of % ‘goniession was finally signed was consumed
atariness of 7
ns of such

become in

of law and

he route he had traveled with his victim,
i by the officer and the city editor in the
typing of the question and answer confes-
n which he had previously expressed the

ndant is ene) wilingness to make.

ns of guilt Br itvis'also urged that the defendant

- reason that @thé instant case was denied due process
ives, nor aie shaw in violation of the federal, Constitu-
» be préese jt { m, inthat he was held incommunicado
ide, and the’ sérthe confession had been given, and
_ Ohio, suptays Pat he was not taken before the proper of-

r such a Cone Ber without unnecessary delay for exami-

nion ‘that: the:

the accused in showing the officers over.

; ‘satioc of his case.» However, in the case’
|) a? at United States v. Mitchell, 322 U.S. 65, 64:

op ah 8 ee 8 ben Sy ate +

ATL) MYOORE vy, STATE af Miss. 373
Cite as 41 So.2d 368

SiCt. 896, 898, 88 L.Ed. 1140, where the ac-
cused was held for eight days after his
confession prior to arraignment before a
committing magistrate, and where the court
recognized that such an unreasonable deten-
tion was illegal, it was announced in the
opinion ‘of the court that “in any event, the
illegality of Mitchell’s detention does not
retroactively change the circumstances
under which he made the disclosures.
These, we have seen, were not elicted
through illegality. Their admission, there-
fore, would not be use by the Government
of the fruits of wrongdoing by its officers.
Being relevant, they could be excluded only
as a punitive measure against unrelated
wrongdoing by the police. Our duty in
shaping rules of evidence relates to the

propriety of admitting evidence. This pow-_

er is not to be used as an indirect mode of
disciplining misconduct.”

The foregoing announcement of the fed-
eral Supreme Court appears to us to be not
only good law but plain common sense. The
Justice who wrote the opinion in the Mit-
chell case, supra, wrote a separate opinion
in Haley v. Ohio, supra,-and we do not find
therein an expression of any view contrary
to that expressed by him in the Mitchell
case as hereinbefore quoted. His control-

ling vote in the Haley case was predicated

upon the facts and circumstances under
which the confession was obtained, and
he makes no reference in his separate opin-
ion therein to what transpired thereafter.
Indeed it would be difficult to conceive how
a free and voluntary confession can retro-
actively be rendered involuntary by a fail-
ure on the part of the officers to thereafter
take the prisoner before a magistrate with-
out unnecessary delay for an examination
in this case.

In the Mitchell case, supra, the learned
justice, speaking for the court, said: “In-
excusable detention for the purpose of il-
legally extracting evidence from accused,
and the successful extraction of such incul-
patory statements by continuous question-
ing for many hours under psychological
pressure, were the decisive features in the
McNabb case which led us to rule that a
conviction on such evidence could not
stand. We-are dealing with the admissibil-
ity df evidence. in criminal trials in the

CO or ee

‘
4
}

> saat eot mae ESTES 2 p
“Sar ee PRS i —- 4

Metmn St

SE Ry re ae rene

we Ase

}
ak
|
ih
il
4
at

372° Miss. 41 SOUTHERN REPORTER, 2d SERIES

prior to the trial of the case and that he this confession, and it would unduly prolong)

admitted that he had left two hammers at this opinion to do so, As against the testir
the defendant’s home and that the handle mony of the numerous officers and disin-!
of at least one of them was wrapped with terested private citizens, many of whom did;
tape. This brother denied having so identi- not even know the deceased, we: have: the,
fied his hammer, but this conflict in the uncorroborated testimony of the defendant,
evidence presented an issue of fact for the who testified in a vacillating and contradic.
jury. tory manner before the trial judge in the:
[2] The defendant assigns for error absence of the jury as to whether he merely,
on this appeal three grounds: First, that’ told the officers and other. witnesses that)
he was entitled to a directed verdict by he killed Mr. Dean or whether he actually
the trial court in his favor, second, that killed him. He would say in his testimony:
the two confessions were inadmissible on first that he did not commit the crime but
the ground that they were not freely and merely ‘told the officers that he had done $0;
voluntarily made, and third, that he should and then he would again state categorically,
have been granted a new trial for the two when. it.was that he remorselessly finished ©
foregoing reasons. He does not contend beating his victim to death on the highway, |
that the evidence was insufficient to sustain The record speaks for itself in the prem
a conviction if the confessions were com- 4
petent, but merely that he was entitled toa If the decision of a trial judge upon a ©
directed verdict because of their alleged preliminary inquiry into the voluntary chat= ~
incompetency and he contends that he was acter of a confession, and the subsequent 4
entitled to a new trial for the same reason. finding of the jury in that behalf, where 3

Neither does he challenge the constitution- such decision of the judge and finding of the’

ality of the method and procedure in our jury are made on conflicting evidence and 7

state courts whereby the voluntariness of are supported by the overwhelming weight! —
a confession is determined, since he could thereof, are to no longer be of any force and 4
not successfully do so. The method is that effect, then an accused will only need to,
when the introduction of a confession is commit his crime while alone with his vie
objected to by the defendant on the ground tim, make a free and voluntary disclosure 4
that it was not freely and voluntarily made, of his guilt to the officers and others, and =
the trial judge has the jury to retire to its then make the claim, for the benefit of’ the’ =
room while he determines as an issue of record on appeal, that his confession was)
fact from the testimony of those who were coerced, If the appellate’ courts :in order |
present at the taking of such confession to’ comply with due process’ of law must’;
and also from the testimony offered by the adopt the theory that they should accept the ©
defendant, whether or not the same was uncorroborated statement of a calloused 7

made freely and voluntarily. | criminal as being a “thus saith the Lord," |
and to thereupon overturn the decision of |

[3] In the instant case, after a full . : 3
hearing which covered almost half of the the triers of fact’as to the voluntariness of a
testimony taken throughout the | entire a confession, then aay have of wkd
trial, the trial judge held that the two con- ener ieee ge will have’ becomes :.
fessions were made freely and voluntarily ar ane (TABTERARPE ef law ag

and he therefore permitted their introduc- Ae
tion in evidence. Unless his decision in But it is urged that the defendant is ¢n- |

that behalf on such an issue of fact is titled to have his confessions of guilt |
manifestly wrong we think it is our duty to nullified by the courts for the reason that |
affirm his action under the well settled rule none of his friends or relatives, nor an
din an unbroken line of decisions attorney, were summoned to be present |
No useful purpose can be when the confession was made, and the #
! decision in the case of Haley v. Ohio, supra, |
is relied‘upon as authority for such: a Colle |
“We are of the opinion ‘that: the!

eTO Dili a BY vik
PB «

ses. i! . wit

order.

announce

of this court.
served by an analysis of all of the testimony

of the numerous witnesses who testified at
the trial in support of the voluntariness of tention.

fact
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after
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ficer \
nation

of Un.

pans

MOORE, Samuel, hanged Bolivar County, MS on Dec. 9, 1859

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vil ‘79 = -Miss. 41 SOUTHERN REPORTER. 2d SERIES
ae ih other crimes which had been committed in arrest, he went with these officers over the qui
i Ml the city. He was arrested at his home, not route which he had traveled with the body sign
H i far from Valley Street, in the presence of of his victim, showed them where to turn min
i Hea his father and mother, and was carried to from the main through paved highway . - part
a 4 ee the police headquarters at about 5:30 P.M. onto the other paved road, showed them = othe
' é | iH | of that day. During the intervening forty where to turn onto the graveled road where . 4a Son
by | ‘it days following the murder of. Mr. Dean the car and the body were found, even to ' q =m
i la Hi several suspects had been arrested, ques- the extent of calling their attention to the | = sais,
# aad tioned and released from custody in con- fact’ that they had passed the turn-off 4 q whic
ee i Pel ib nection with the Dean murder case, that is graveled road and” caused them to back 4 > eae
Be \ ht to say they neither confessed the crime their car ‘to the extent necessary to enter “ee him
it I freely and voluntarily nor were they upon the same, and then showed them te a
PPeR ER Wet coerced to do so by the police officers, so far point on the graveled road where he ha firme
i 1 | 1 as the record shows. ra me car - peanoae Faken: state:
mo Cee Upon arrival at the ‘police headquarters rat Gicge Md y at th er defer
; Hi aia the two, arresting officers , proceeded to by Dr. Chadwick a an reporte o the cou q Th
; | WH . question the defendant for about an hour officials, jury
‘ | a! | | in regard to the other crimes that they were After the foregoing procedure had eee featih
oa investigating and it was shown at a ‘hear- place these officers returned to the police phen
if ANA i ing before the trial judge and in the ab- headquarters and notified the chief of quiry
be | | sence of the jury during the trial of the police of what had occurred and of the fact i 9cis
Be i) | Dean murder case, that the defendant free- that the defendant was willing to make'a him |
ni HN | ly confessed his commission of two of the written statement in regard thereto. ;, There Atte
ti i} | other crimes during that hour of question- upon they were advised by the chief of threat
Pa aye nn ing. police to summon some private citizens and h:
PPR ict _ Thereupon it is shown that these two offi- to be present in company with the officers toa c
| 4 | cers placed. the defendant in a prison cell when such statement should be given. This official
ates Hy Ht at the city jail, went home for supper, and, was done and there were present at the tier
Hi Ril aa according to. the State’s evidence, were taking of the confession an employee of a county
( Hi gone for about an hour (but according to local hotel, some employees of the American that tl
i hi the testimony of the defendant before the Railway Express Company, the City Editor heat h
' ie ii trial judge in the absence of the jury they of one of the leading daily newspapers of officers
ht i were gone for about two hours), and then -the capital city, and Rey. G. W. Staffney, cha.4ri
eet i i ‘resumed their questioning about the de- a local colored minister of the gospel, who happen
it f 4) \) tails of the two crimes confessed by the de- had been requested ‘hy the chief of police ‘aecasio
Btn i H ‘fendant and other crimes in regard to which himself to be present, after the minister ~ sheeate
4 i he ‘had made no confession, and also, after had been advised of the purpose for which | fession
viel ‘such returned from supper, they finally his presence was desired. 0065 oli made «
: i questioned him in regard to the Dean case. — A fter sufficient time had intervened’ for eleven
i i _ It is undisputed that he admitted at about this group of eleven witnesses to assemble as. to tl
i i 9:30 o’clock that evening of March 8, 1948, at police headquarters, the written con two be
: li (| the murder of Mr. Dean on January 27, fession was taken in question and answer = him in
Pa i i 1948, The record is altogether silent as to form, ‘No stenographer was present and — bOn t
t i how long or how many questions were about half of the questions and answers ~ art ent
' i Peal asked the defendant before he confessed the were typed by the Chief of City Detectives ” County
% Hh murder of Mr. Dean. Therefore, no such and the remainder by the city editor of the j bad. pa:
if i} | prolonged questioning’ of the defendant daily newspaper. It, therefore, ‘consumed | murder,
a aad occurred in this case as is said to have oc- about an hour and a half for taking’ac § Sentai
Heed pit Hi curred in the case of Haley v. Ohio, 332 curately the questions and answers in | deputies
Nd : i U.S. 596, 68 S.Ct. 302, 92 L.Ed. alk and volved, The defendant is shown to have 7 foun
wid Hi other similar cases.)( is understood what had been transcribed and # place h
if i Hh | ‘After the defendant ' had: ssid the -he fixed his signature thereto and the same © on the ni:
ti Hi | murder of Mr. Dean in the instant case at was attested in the presence of the eleva : p the scen
it id approximately 9:30 of the evening of his -witnesses, who were present during’ the’in- ] - at. the
4 He
ee 4
Pre
t

' MOORE v. STAT

Miss. 371),

Cite as 41 So.2d 368

and who signed ag witnesses to the.
gnaturé of the defendant: , The colored:

Minister of the gospel who: was present,
i . ticipated in the questioning and among
other ‘things he asked the defendant, as
in the confession ‘itself, -whether. or
Mt prior to the assemblage. of these wit-

thow

“Peises and the beginning: of the statement.

which he'was giving, anyone -had. threat-
i, mistreated or made: any promises to

Ahi min regard thereto, and the ‘defendant:
' The: minister af-

vered,! ““No;: sir.”

Imatively -téstified at the’ trial’ that all

@atements made of that occasion. by the
Hendant were free and voluntary,

defendant’ did hot testify before the’
‘ to within two steps of where the hammer

y'a8'a Wwittiess in his own behalf, but

t Btified’ before the ‘trial judge; in the

@sence of the jury on the preliminary .in-
tity into |the »voluntariness. ofthe con-
Hesion, that the two officers who arrested
Bimhad scared him and that.he at first
tied having killed Mr. Dean; that. they
featened to take him over on the river
id hang, him. .. He also testified in regard
: a confession which he gave to the county
tials on. the 9th or 10th of March, 1948,
ftet-he -had been turned over to. the
nty officials by.the. city police officers,
it the county officers had threatened to
thim-if.he did not confess. All of the
tts involved denied under oath before.
@ trial. judge that any ‘such. thing had
happened, .and,., of course, there was no
eision for, the county officers to have
i him if he did not make a con-
sion, since they knew that he had already
de one in. writing» in the presence of
ven witnesses at the police headquarters
to the full details of the crime a day or
} before..the county . officers received

i in custody,

Or ‘the aftertioon Mr. Dean was killed
H murdered the sheriff’s office of the
nty was notified by Dr. Chadwick, who

Mipassed the scene shortly: after the

mrier; and two of the sheriff’s deputies

v" immediately to the scene. One of the

ffities testified that on that occasion

it found the ,hammer in question at the
he hereinbefore mentioned. and. that
ithe next day he and the sheriff revisited
mscene and found the dead man’ S purse,
: place hereinbefore stated; that

there was a piece of tape wrapped around,
the handle of the hammer and that there’
were two tacks driven into the handle;,
that after the defendant had been delivered |
into..the custody of the county officials
about forty days after the crime had been
committed, and after he had made the
confession at the police headquarters a-
day or two before, he went with the said
deputy and the sheriff over the route which
he, had traveled on the occasion of the
murder, told them where to turn from one
highway into another, and where to stop
for the scene of the crime, the car and the

: body having been removed forty days prior

thereto, and _ that the defendant walked

had been found to point out the place where
he had thrown it and that he also carried
them to where he had thrown the purse,
and then to the hole of water some little
distance away where he tried to wash the
blood from his trousers; that the defendant
described the ‘hammer, as to how the
handle thereof was wrapped with tape and
which had been tacked down with two
tacks, at a time when the hammer was
under lock and key at the sheriff’s office
and at a time when he had not seen it
since he had “used it in the commissiot of
the erime.

The defendant also told some of the’ offi-
cials where he went, to a picture show from
the scene of the crime, told them what
picture was being shown. and these of-
ficials ; testified | that. their. check-up dis.
closed that he had correctly named the
particular picture shown on that afternoon
at an open air theatre which was located
en route from’ the scene - the crime to
his home.

[1] The county sdctale likewise testi-
fied as to the free.and voluntary character
of the confession made to them on the 8th
and 9th of March, 1948, which correspond-
ed in all material particulars with that made
to the city officials. on the evening of March
8, 1948, except that in one of the confes-
sions he said that he got the hammer at the
home of a neighbor, whereas in the other
he said that his brother had left it at his
home before leaving to work in another
section of, the State. The deputy sheriff’
testified that he questioned this brother’

BATT: bo yA ERR 4.

s Of the prisonet to have access to him
er they were employed in the case. And
‘even though it may be'true that the officers

Wid not allow his mother to see him on each

6f her visits) whether due to the observ-
not, such action

ance Of Visisting days or
‘the Officers following the. confessions
tould not have rendered involuntary the
Me arid voluntary confessions previously
fiade by him. This view is sustained by
the Mitchell case and cléarly recognized in
the Upshaw case, hereinbefore cited, and
db not think’ arly view to the contrary

re
In
irts *
s to
able
i\der
_ re-
crest.
ficer*

aina-.
tel hen ‘concurred in by the thajority of
5 justices of ‘the Supreme Court of the

The public also
the solicitude of
f ‘an accused.
trial court
the instant

E ‘Uhited’ States in any case.
Wentitled to protection in
| the dourts” for the rights 0
DYrstedd of ‘the decision’ of the
f-the jury in

fF seve):

‘att
plaint”’
a sus-?

_ until! thé finding 0
‘tunity ® @ as' to voluntariness of these confes-
, com-" fs being manifestly wrong, we are of

ful study of the

opinion’ after’ a care
gion and firiding

meré:

reveal” nite record thiat such deci
ined of wete ‘etninently correct and that the judg-
rime if ghent arid séntetice of the trial court should
mitted,’ » affirmed. fey? iva ot

may: be” ‘The date ‘for the exécution of the sen-

ay be.
Wereby fixed for Friday,

agsity)
igistrate |
5 crime.
jurisdic
someone
e against:

July 22nd, 1949.

as date of execution of sentence.

KEY NUMBER SYSTEM

-mber of

sr lawyer

the inter- — Manat ee

sfiicers, it sohp' MILLER v. STATE.

ze among — sete No. 37096.

ny crimes: _Bapreme Court of Mississipp!, in Banc. .

ther juris-_ June 13, 1949.

ng to give
reir family
sclose theif
g a lawyer

t, we know:

5 may com

attorney at —
iver, in the:

arrested: in’

mother who,
cerated, and,

pynnad
Habeas torpus >113(12)

Where evidence in habeas corpus pr
ceeding. as. to» whether. confessions we
freely and voluntari
conflicting, Supreme Court would not d

Jess manifestly wrong.
Crimthal law >1144(10)

it the, attot-,

Cite as 41 So.2d 375
tence; and proper perf
ficial duties by judge an

Arthur Moore, is

Afirmed and Friday, July 22, 1949, fixed

ly made was sharply

‘tarb trial court’s judgment on the, facts un-

‘In 'teviewing conviction, doubts should
resolved in favor of integrity, compe-

Miss. 375

erat |

ormance of their: of-

d state attorney.

3. Criminal law 6>1158(4)
‘Where defendant claims that a.confes-
sion was not freely and voluntarily given,
‘Supreme Court will accept determination
of triers of fact unless it is so lacking in
support in evidence that to give it effect
would work that fundamental unfairness
which is at war with due process of law.
U.S.C.A.Const. Amend. 14. .

4. Constitutional law €=266 -
at Haheas corpus €=30(1) |

_Where state’s. witnesses testified that

22-year-old Negro was not threatened or
beaten, that no misrepresentations or prom-
ises were made, and that accused fully un-
derstood proceedings, that his mother was
notified on night of arrest and that defend-
ant never requested a lawyer, trial judge
could properly refuse to grant writ of ha-
beas corpus on claim that defendant was
an ignorant. Negro and. that confessions
had been extorted by violence and misrep-
resentation, thereby violating requirement
of due process of law guaranteed by the
14th Amendment. Code 1942, §§ 2816,

2819; U.S.C.A.Const. Amend. 14.
ee

om Circuit Court, Monroe

Appeal fr
Judge.

County ;: Raymond T. Jarvis,
., Habeas: corpus action by LeRoy Miller
against the, State of Mississippi to secure
release from the State Penitentiary at
which one,;,Wiggins was and is warden,
consolidated with another action by the

same relator... From the judgments, relator

appeals.
Judgments affirmed.

“-L, J. Broadway, Meridian, for appellant.

Greek L. Rice, Atty. Gen., by Geo. H.
. Ethridge, Asst. Atty. Gen., for appellee.
re SMITH, Justice.

This is a habeas corpus action whereby
LeRoy Miller, the relator, sought a judg-
ment of the circuit judge of Monroe Coun-
ty, “releasing petitioner from the custody
of respondent and discharging him from
confinement” in the state penitentiary, of
which respondent, Wiggins, was and. is

is-

i a BN

374, Miss. 41 SOUTHERN REPORTER, 24 SERIES

| federal courts. Review..by this Court, of. an illegal detention.,, Here, there ;was: 0) ida *
state convictions presents’ a’ very, different. unnecessary delay, before’ the confession , . er ‘
ven

situation, confined as it is within yery nar- was obtained, in taking the prisoner before!
row limits. * * * Therefore, in cases. a magistrate for inquiry into the case. In)
coming from the state courts in matters of . this state. the magistrate: and other courts!
this sort, we are concerned solely with de- | are. open: only within legal hours, that is to
ane termining whether a confession is the result . say, in the daytime, and it;was a reasonable
aaah of torture, physical or psychological, and. exercise of the right of the officers, under:

did not
of her
ance o
of the
could

| not the offspring of reasoned choice.” The Section 2473, Mississippi Code of 1942, rez, bee ™
ad Court had said in McNabb v. United States, quiring only that a person making an arrest: eat |
e€ 1

|! 318 U.S. 332, 63 S.Ct. 608, 613, 97 L.Ed. shall take the defendant before an officer;
ai 819, 824, that in considering due process , “without unnecessary delay” for examina:
Beet HA under the Fourteenth Amendment, “the. tion.of his case, when they questioned (him.
Pease lili scope of our reviewing power of convic- on the evening. of his arrest in regard to)
tions brought here from the federal courts. his connection with the commission /of sev>,
is not confined to ascertainment of Consti-- eral major crimes. 3.5n 2 oot outwt
tutional validity . Le [7] No officer should make a complaint '

i [4-6] Thus it is that we understand it before ‘a‘magistrate so as to charge a sus-’

to be true that. a majority of the members pect with a capital or other felony, ‘until!

of the federal Supreme Court are. com- such officer has had a sufficient’ opportunity:
’ to’ ascertain whether or not such a com-"

Be mitted to the view that detention without ascert ais
a commitment is only one factor for consid- Plaint is reasonably justified. The “mere*
_ questioning of a likely suspect may’ reveal”

the U;
we do
has be
the ju:
United
is-entii
the co
Insteac
and th
case a
sions |
the op
entire
were «¢
ment a
be aff:

‘The
tence |
hereby

Affi:
as dat:

et tt eS leper

eration in reaching a conclusion as ‘to
that he was not at the time complained of

i whether or not a confession is free and) tat Mei soba. neds
Pee Ht voluntary; that it is only where the con- Within the jurisdiction where the crime in’
question is said to have been committed,”

|
Hay fession is obtained as a result of an unrea- | tO"
| sonable delay in taking a prisoner before and his contention in that behalf may*be"

a magistrate for an examination into his checked and verified ‘so that’ he may be!
WE case, that his admissions of guilt under released from custody without the necessity’
Hie such psychological pressure are ‘nadmis- of his being charged before a magistrate
Phat sible. This is to be found from the opinion | with the commission of a heinous crime: |
i ; ; Ct of the Court in a later case than that of A committing magistrate has no jurisdic.”
Beg ie Haley v. Ohio, because in Upshaw v. Unit- tion to inquire into his’ case until: someone :
PP eel ed States, 335 U.S. 410, 69 S.Ct: 170, 171, willing to lodge a formal charge against’
y , re} ' :
|

Scoabiileaba cds ncaa: etn Silencing

sates

by ie | 93 L.Ed. —, the Court had under consider- the accused. ye OLN
Ff ts Hal ation Rule 5(a) of the Federal Rules of [8,9] As to summoning a member of
Ha Criminal Procedure, 18 U.S.C.A., which: the suspect’s family or a friend or lawyer
| I provides that “An officer making an arrest when an arrest is made to attend the inter-
a4 Weg * * * shall take the arrested person rogation to be conducted by the officers, it’
eat | without unnecessary delay before the near- is a matter of common knowledge among
Hil est available’ committing magistrate ‘and law enforcement officers that many crimes’ 7 Pl gon
HH’ Hea when the arrested person appears before are committed by persons from other juris: ~ i
ay i | the magistrate “a complaint shall be’ filed dictions who are not only unwilling’ to give’
i
|
|

aed

forthwith”; and the court recognized that the names of the members of their family | 7 1. Hab
the holding in the Mitchell .case, ‘supra, but often refuse to truthfully disclose their :
“was only that Mitchell’s subsequent illegal) own names, and so. far as having.a lawyer
detention did not render inadmissible: his: present. to advise such.a:suspect, we know) = freely
prior confessions.” And it was then noted of no authority whereby officers may Com, | : conflic
that if'a confession is obtained as a result. mandeer the attendance of an attorney at) 7 turb ti
Nae of and during an illegal detention by fail- such an interrogation. Moreover, in the, — less m
ure promptly to carry a prisoner before a instant case, the accused was. arrested in
committing magistrate the same is inadmis- the presence of his father and mother who, |
sible in-evidence. But in the case at bar. knew that he was being. incarcerated, and 7 b
no ‘confession was obtained: as a result of there was no refusal to permit the, attot, e Fes

ie ee Pua aR a i ICE gm RNR RRR ES

SO eee ERR OAS thie

he MS eae oe aye aE

16 SOUTHERN =2nd= 618
NEWSOM, James Sidney, Jr., black, 17, electrocuted Corinth, Mississippi, on Makch 2), 19h.

"Corinth, Miss., March 2, 19 = (AP) = James Sidney Newsom, negro, was executed in the
electric chair at Alcorn county jail early Friday for the attack of a white woman last May
°6th, Sheriff Walter Coleman said Newsome confessed before walking calmly to the chair,
The negro was declared dead within ten minutes. Newsome was convicted in July by the cir
cuit court and the state supreme court affirmed the verdict. The negro, after his convic-
tion, was held in the Hinds county jail for safekeeping. He was taken out late Thursday
night and released to the Alcorn county officials who carried him to Cortmth." DAILY NEWS
Jackson, Misse, Mar. 2h, 194 (1she)

NEWMAN, Claude, black, elec. Vicksburg, MS, February B, 1944,

NEWMAN, Claude i anne a 4 Ghd)
¢ | os
Claude Newman, sentenced to be electrocuted, Warren Co.,
Mississippie Conviction affirmed (Memo) 15 SOUTHERN -
end» 693, setting date for January 20, 19).
20 JO af Soe.
"Vicksburg, Jane 19, 194h-(AP)-Governor Tom Bailey, on his
first day in the governor's chair moved officially to shor
his mercy by granting a fifteen day reprieve to Claude
Newman, negr@, who was scheduled to havé been electrocute
here tomorrow morning for the murder of another negro on
the Flowers place at Bovina about eleven miles east of
here." CIARION_LEDGER, Jackson, Misse, Jane XXXXIX 20,

ale omelet 2-4 — 16 gh dd

Find no further méntionof case in 5g pe PHrough
3-1-19ih. Aso /3¢7A

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Dr. A.. J. Podesta,”

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in

72? Sts> reste

9 Ninth Street, S.E.
Washington, DC 20003
August 1, 1994

Walt Espy

Capital Punishment Research Center
Box 277

Headland, AL 36345

Dear Mr. Espy:

As we discussed, I’m writing about a man who was executed and hope you can help me find some
missing information, particularly the location. Here’s what I know:

Name: Claude Newman

Race: Black

Schooling: None

Crime: Murdered a white man he caught raping his wife, thus

Marital status: Married

Held in: County jail, 1943

Priest: Fr. Robert O’Leary, called to give Catholic instruction to Newman
and other prisoners after Newman saw a vision of Mary in his cell

Sheriff: Williamson

D.A.: Bill Voller (but source said "a district attorney")

Rich lady in town: Mrs. Morrisey, gave cakes for Newman’s reprieve party

Reprieve issued: By governor, January 21, 1944

Original d.o.e.: January 22, 1944

Means: Electric chair

Date of execution: February 4, 1944

Voller and Williamson had worked to get Newman off, but his religious experiences had made him
eager for death. Shortly after Newman’s execution, a hardened white prisoner went to the chair and
suddenly repented on seeing Newman in the chamber with Mary, who showed him his place in hell.

Father O’ Leary tape recorded his first-hand account of the events for the Franciscan Friars of
Marytown in Libertyville, Illinois, who recently published a transcription. The brothers there tell me
that Father O’Leary is dead, and there is no way they can check on the story or recover the missing
information. I do wonder if this suggests the location could have been Illinois or nearby Wisconsin,
despite the story’s southern aura. I might have guessed Louisiana, but O’Leary consistently referred
to the jurisdiction as a county, not a parish. But then maybe he just didn’t want to confuse the
sheriff’s jurisdiction with his own.

As you requested, I’ve enclosed $10. Thanks for your help, and happy searching.
Sincerely,

Mary Ann Daly

OLIVER, Freedman, black, hanged Raymond, Jackson Co., December 22, 1865.

“The negro boy Oliver (found guilty at the last term of the Circuit Court of this county of
attempting a rape on a white girl) was to be hung on this day in the town. The conduct of the
United States Troops, as a matter of course, caused great alarm among the citizens - alarm for the
safety of the town, as well as for the lives of the inhabitants. The safety of the parties engaged in
the killing of Norman was considered especially hazardous and they were advised by their friends
to leave the neighborhood for a day or two and thus avoid a difficulty that might assume a very
unpleasant character. They did so. And for the preservation and safety of the citizens, should
anything occur, our civil officers sent for Capt. George’s company of State Militia which arrived
at about 11 o’clock a.m.

“The United States Troops, with but few exceptions, retired to their camp about the
middle of the day and everything passed off quietly. The boy Oliver was hung in conformity with
the order of the court.”-Hinds County Gazette, Raymond, MS, 12/30/1865 (2/2).

OLIVER, Freedman, bladk, hanged Raymond, Mississippi, Dec. 2, 1865

HINDS COUNTY GAZETTE
Raymond, Mississippi,
December 30, 1865 (2/2

| aides ul eee

The negro bey Oliver,.(found guilty et-the|
linat term of the Cireuit Court of this county |
of attempting s rape on a white cirl,) wae to) .
be tmmng on this day, tm the town. The con |
duot of the Ustited Gentes Trotps. as a matter |
| of comme, chemd-gient Slartt among the citi
sene—alarnt for the wafety of the town, wu
wall axfor-‘fie ives of “tie tihaliiila: “Fhe |
uafety of the pestics engaged in the killing of |
[Saree ag vere toed by it me |

| coms, and they were advised by their frends to
! leave the neighborhoed, for a day or two, and |
thus avoid « diffewlty that might semme |

‘

p< ha retived w their camp about the,
squetiy,-- The bey Otiver was bung u con-}
| fostnity with the-order of the Court. t

OWENS, Bob, black, hanged Tupelo (Lee Co.), March 16, 1934.

“Tupelo, Miss., Mar. 16.-Maintaining his innocence until the mombent the trap was
sprung, Bob Owens, negro, met death on the gallows here today for the murder of R. B. Johnson,
wealthy recluse of Shannon, Miss., on the night of December 13, 1932. The negro arrested nine
days after Johnson’s battered body was found in front of his farmhouse, was convicted of murder
' in circuit court and sentenced to hang. The state supreme court later affirmed the sentence.”-

Times-Picayune, New Orleans, LA, 3/17/1934 (4/5).

“’.. Sheriff Will M. Kelly states that final plans for the execution of Owens have been
completed and that the negro will go to his death today some time during the legal hours. The
hanging, of course, will be private, as provided by law. Only officers of the law, ministers,
doctors, newspaper men and probably a few sothers will be allowed to witness the execution.

“Owens will be the first person to hang in the new Lee County Jail. He’ll swing from a big
iron ring securely fastened to the stone ceilinhg and will drop thru a steel trap door...”-Unnatret§—

3/16/1934.

/ fete nat

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Dem 4 *

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ee

om Te
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Reape ey ee
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meet Rite

es a

171 SOUTHERN 345
OWENS, George, and PHILLIPS, Joe, blacks, 17, hanged wesp Point, Miss., on 1-20-1937.

"(AP) West Point, Miss., April 17, 1936. = A jury in circuit court here today convicted
George Owens and Joe Phillips, negroes each 16 years of age, of murder in connection
with the slaying of Herman E, Whatley, filling station operator, Judge “% W. Magruder
immediately sentenced both to hang on Friday, June 5. The jury had deliberated since
last night at 9:30 o'clock when the case was rested with them," AMERICAN, Hattiesburg,
Mississippi, April 17, 1936 (13-3.)

. —— ; 1 Toqueev was Tpannelled and
wae extinct in four minutes, and in ten { Catholic chareh, and farther that thie the arrestcnese morcnae ey gh, ended Uy
mioutes he was cat. down, placed in. a| wag bis fret experience with » oun- Blood waa found on hie clothibg and for
Plain black.coffin and turned over to bis} demned man. ; the preeence of which he could: Rive no
‘Ariends, who’ will dury him at Mt Bhep declared the jailer and all the satie(actory account, and there. wore
Hood, fonr milee Northeast. of ‘Olinton, | offivers had treated him well since he =i
by the side of his old mammy, in aocor-| came to the jail; that he had no fault to} with the evidence and finally confessed
dance with his eXpreqeed desire, == find with any one on any oore, and | on condition that he was ti be guarded
Shep Palmer mounted the gallows! that, having made peace with his God, | Palely trom those who threatened ‘to
without a tremble or tremor and met he.wae ready to Ro. ome pry ae then hls A ear
deuth as bravely as ever did any man, After directing. the officers as to the dell’! ends and nelghbora were look-
This last day on earth for Shep d‘sposition of hig Personal éffects, the ing right ugly and'ready to inalst then
Palmer dawned bright. and {air—there | murderer of Charlie Cordell and wile eat and there that ha abould surrender an

was not a cloud anywhere, nor » shadow | back in bia chair to cuunt the minutes} °° for an eye and a tooth: for « tooth,”
to suggest that a terrible legal tragedy | yet remaining and to talk about the idee urea en bane eail b rr
| Waa to be enacted in the vicinity of Jack- great beyond with bis *plritual adviser, captors, among. whom were two ob
| gon. : J ; 4 . The jail and sity ball yards Presented }°WD color, Here he a admitted
The prisoner passed a quiet, peaceful! a busy scene. The sheriffs were “trying” bat he did rp cpap ae san ite
| might. Being asked. by the Otanion- | the trap door to pee if it would work, and ae e Ndaboe he gig eet ‘ts be
Gur reporter how . he had slept be | pronounod it ai} right’ The rope ‘was hanged, - cg wie =
replied) 2 "ST netted and put in place Jast evening |. An appeal was taken the Sapreme
AT pever got “to sleep i'l about 2] with handrede of pounds of iron weight Sours ppetebien we ted sae Saas
o'clock, but slept sound after that.” attached to the noose end to stretch it te Powell to Setend bine ‘ arouka a
- “Why did: you not eleop -nntil two | the limit. The drop was made nine feet | appeal being that the conrt- wae a “dead
| o'clock,” aaked . the ‘reporter, and Shep | siz inches, 90 a8 to leave ‘the subjoty | curt,” there having been an Interreg-

replied ‘*] wag just thinking about this feet about one foot from the ground num between the time of the expiration
eT Nn : s Jud b ‘ t
last day un earth.” Hundreds of people; both white ard Sipeldidere ot Noles Pou The

He had waked bright and early this! black, occupied every vantage ground | Supreme Conrt did not wee {ft that
morning and made & hearty breakfast, possible, The upstairs windows, 2nd, | Way, however; affirmed the judgment of
hia bill of fare being chicken, ham, One, 1 Sd and 4th stories of the city | hall wers | the conse oe. end fized June 13 as the. -
biscuit, canned pesches and coffes— crowded, every tree was fall of meo and iNgginirdadl "
jailer Coin giving bim everything he boys, adjacent housetops were lined with MEINLEY’S OLD DISTRICT.

DU re ahi ct Alpe ns el gee oa ® humaalty whove morbid caricelty led vote vacate tee ae

When the reporter visited the jail st | them up Tickety ladders, and to do climb. | Sende Special Traiw to Bt. Louis
‘Preoferpaat, rain be fond Yauber ing they would wot begin todo under| ace tth Banners Fying,
‘eolt In which the copdemned man hae in the jalt-yard rss hasan oy usa] Yousertows, Ohio, June 13—-A ape.
spent the past five months. ‘The prisoner pp avsingt it, and only the threat of the | ial tral, carrying jhe “Montgomery
-wity bound to the floor tb iron abackler | jailer to tise the hove ‘kept them of the Olub.ot. this city and leading Repub}i-.

. On woold, dsrk and dreary bight in morning.: The train was’ decarated with:
: Deoeraber last, Chaitie Uontall att wit beanersannoanelng bat th dalegation
éould: be toads, | ‘homme on the Bane in | Wee OR MeKInley's old. istrict, and
bradded th the!’ bia howe on the. Campbell. that: the tariff ehamplom Had’ been thetr

ihe
diya oe fee 5p BES. . f
A ROR ORE aed
4 re Pika? Gr er

fal

PALMER, shepherd, black, hanged Jackson, M3, on June 13th, 1896

IATURDAY, JUNE 13, 1796.

“50CTS. PER MONTH.

Barer

SHEP PALMER HIS
GONE TO HS REWARD

| Was’ Hanged in the City Jail
Yard at 10:19 Today.

HE MET DEATH VERY BRAVELY

Mounted the Gallows Without Sign
of Fear e7 Trembling. ee

‘Boenes About the Jail+ History ofthe
‘Crime for Which Hé Sacrificed
Hie Life—Short Blography. |
‘Shep Palmer was bung this morning!
* Sheriff W. T. Rath sprung the trap
which hurled the marderer into eter-
nity. Pe ater
The cap

was ddjusted at 10:17, by

Prendergast who had accompanied Shep
up on the gallows, and kneeled in prayer,
signified by a motion of his hand that
all wae ready, Sheriff Ratlid’ pulled the
lever that sprang the trap at 10:19, and
the condemned man ebot down through
the door. Hie neck was broken by the
fal, though bie feet struck the ground
and had to be tied up.
“Dr. W. E. Todd pronounced that hie
‘pulse had ceased to beat and that hte

Deputy Sheriff Chile, acd when Father :

Deputy Sheriff Ratliff’ came in with €
new suit of clothes for the prisoner fe
dou before mounting the gullawe and
aiterexchanging the wens! saltitatione
retired to procure « patrof eocke, x-pert
af the toilet he had forgotten, Shep tell-
ing him he wore ® uuniber eleven shee.

In reply to-the reporter’« question the
prisoner ssid he was born and raised on
the Allen: Welle place, d{teen miles west
of Jackeon, and bad slways made Hinds
county his home. He wae thirty-six
years of age on the l7th: day of last
April, and weighed jn the neighLorhood
of two bundred pounds, having gained
twenty-five or thirty pounds eince his

J eonfinement in jail. He had followed

the profewion of: an engineer and run-
ning gin~staads for various people, was
married on the llth day of September,
1884, and has three little children.

~ Atreference to hie. wife and children

‘Shep drew a longer breath aod sighed as

if from the bottom of hfs heart. Though
cool and calm, and apparently fully
resigned to his fate tha condemned
man’s face had aesumed an ashen pallor,

He voucheafed no aort of information
on hieown account as to hie pending
doom, and when questioned, anawere4d
in monosylables, though with apparent
good grace and unwillingness. *

He wae asked it be was ready t? g,
and replied “all is well with me” In
answer to whatcburch be belonged to
he sald he was not a mombér of any
church till he came to this place.
Father Prendergast, who wae standing
by, said he had received Shep into the

CLARIO# —-LEDGER

her husband worked hie farm, They
were & tbrifiy, money-making couple;
hed as neal, clean house end. were well
thought of by the white ne well ae the
colored people of the community, 6a-
pecielly by their employers.

On the night above’ referred to the
young houve-keepere had been out
spending the evening, perbeps to church.
Returning sbout 1l0o'clock, they had
chunked up the back-log and eat talking
and werming before retiring. . While

thus engaged there came a knock at the

door, a: “who's dat” from the inside,
and Shep: Palmer's well-known voice
responding “hits me,” he waa invited to
come in, and he did, explaining he -had
seen the light throogh the chinks and
thought he would just like to warm his
hands and feet belore proceeding further
on the road to his own home. which was
about a quartor of a mile or more away.

Shep was no more of a favorite with
the Cordella. than with the balance of

‘his neighbore, all of whom looked upon

bit as‘a dirty, trifling, worthless sort of
a vagabond, who worked no more than
was absolutely necessary to keep bis
filthy body and blackened eoul together, |
aod whove reputation for truth, virtue and
pone wasalways at a mighty low .
ebb... :

And yet tho hospitalities of this cheer-
ful littie home were extended him. He
was given a seat near the broad fireplace
and made so comfortable that he lingered
longer than the usages of even good
colored society would seem to admit.
His hosts being early risera no doubt
wondéred at his staying qualities and by
repeated yawne in'imated that it . was
time for their gueat to depart, They were
doubtlews 2eady to speed him, but be was
blind to their hints. ~

‘It developed on the tral that Palmer
knew his neighbors and hie hosts were
possessed of a small’ sum of money, and
while he sat before their cheestul fire

~ 4

—a2 ane

Ah THR DROP FELL.

waa extinct {n four minutes; and in ten
mionutes he was cat down, placed in a
plain black coffib and turned over to hie
trienda, who will bury bim at Mt.
Hood, fonr milee Northeast of Ulinton,

by theside of his old mammy, in accor-

Catholic charch, and forther that thie
wes bis firet experience with « con-
demoed man. :

Shep declared the jailer and all the
oMvers had treated him well since be
Game ty the jall; that he had no tant to

proceeded to the business

by which he might decpmetue posses
sor, aud having completed his: borrible.
program he proceeded to exucute.it.
Rising from his seat as if to go, about
12 o'clock at might, he picked up a atick

‘| of Hrewood that ie about three feet

long, bnotty, and weighe perhaps fifteen |
pounds, and. brought it down suddealy
upon the unsaspecting head of his bost,

_| scattering blood and braina in every di-

rection and killing him instantly.
The wife, eeeing her husband brutally
murdered, was paralyzed with fear and

| dumbetricken at the horrible eight. But .

she was given no time to contemplate |
the bloody deed, to protest, ery out or
defend hervelf before the awful engine
o! death, waking a semi-circle in the air
a'it rebounded from the force of ‘the’
first blow, was brought down with all.
the strength the murderous villain could
eurmon to bis aid, and in & moment
the woman too lay dead on the floor,her
bead mashed into a jell
Stepping owr bie victimaShep Palmer
at brought
him tothe cabin—the finding and ap-
ropriation of the money (about. $15)
e knew wason the premises. He rans
sacked boxes and drawers until be tound
the cbject of hie search then he took his
departure, going to his own miserable
home where wife and pickaninnies,
scantily covered aud clad, were slumber-
toy. : ‘
lt wae the women’s custom to begin
preparing Mr, Campbell’s breakfast
every morning about daylight. At aun-
up on this occasion she had not put in
an appearance, and thinking she was
wick he walked over to the cabin and:
knocked on the door, which stood partly
ajar. Receiving no reepose he pushed
‘ae if to open it and found some one was
contesting his right to enter. But a

| giancein the room showed him eome~

thing was wrong—be saw. the bodies of
hia cook and ber husband weltering in
blood on the floor and hastened bask to
the house for hie gun, Oa his return
the cabin was empty except for the

-| preeence of the dead. - The back window

was open, and freeh tracks led awa
from it, In the direction of Shep Palm
er’ equalid quar'ers.

The news of the awtul find was soon
all-over the neighborhood and white
and black gathered around the'premises.
A jury of inquest was impannelled and
an inve-tigation beguo which ended in
the arrebt, next morningol Shep Palmer.
Blood waafound ou his clothibg and for
the prerenoe of which he could give no
satisfactory account, and there were

other circumstances which went to settle

crimeupon bim, He wae confronted
with the evidence and finally conferred

35 SOUTHERN (2) 323.
MURRAY, Marvin, black, 2h, el@éctrocuted Wiggins, Mississippi, on June 29, 19)8.

"WR 'HOT SEAT! READY FOR STONE NEGRO. = GOVERNOR REFUSES TO COMMUTE SENTENCE.X * Sheriff
Jesse C. Locke said that Marvin Murray, 2heyear-old negro, died in the state's portable
electric chair at 12:11 this morning. The first charge was sent through his body at
12:06. = Gov. Fielding L. Wright Monday refused to set aside the death sentence imposed

on Marvin Murray, 2l-year-old Stone county negro, who is to die early Tuesday for the
bludgeon slaying of an elderly jailer at Wiggins, The doomed man is slated to be electro-
cuted in the state's portable electric chair at the Wiggins jail, scene of his alleged
crime, shortly aftér midnight. Commenting on the refusal to commute the death sentence

to life imprisonment, the Governor said that there was no new evidence or extenuating cir-
cumstances submitted to him in a hearing here Friday. Attorneys for the negro had pleaded
with the chief executive to grant clemency. This is the second time within the month that
the state's chief executive has been asked to commute the death sentence, and the second
time he has refused to interfere with the findings of the courts, Murzay is said to have
beaten E. M. Reynolds, elderly jailer, to death with an iron bar. According to the evi-
dence submitted at the negro's trial, Reynolds was last seen walking from his house to the
Stone county jail with food for Murray, the lone prisoner in the jailat the time. Wite
nesses in the trial stated that they heard noises of a struggle in the jail, and notified
the sheriff, who, with deputies investigated. They found Reynolds lying in a pool of
blood, the jail door open, and Murray escaped, according to trial evidence." CLARION}#
LEDGER, June 29, 19:8 (1:5.)

"CLEMENCY HEARING HELD FOR MURDERER: DECISION DUE MONDAY. = Officials of the governor's
office here took under advisement the plea of attorneys for clemency in the case of Mar=
vin Murray, convicted murderer, slated to die in the electric chair at) Wiggins, Tuesday.
A hearing in the case of the 22<year-okd negro, who is said to have slain E, M.Reynolds,
elderly jailer at Wiggins, Sept. 12, last year was held before W. B, Fon&aine, the gover-
nor'a assistance, and Alen McKeigney, executive sechetary, Friday, Gov, Fielding L. Wright
will review the findings of his assistants and make a decision on the case Monday. A
commutation to life sentence is asked for the negro, Recently the State Suprem6 Court
upheld the decision of the lower court in sentencing Murray to death, The case was taken
to the U. S. Supreme Court on a writa, but the national jurists refused to consider the
case,"

CLARION-LEDGER, Jackson, June 26, 198 (3:2&3.)

32 Me ome eed ‘ Anr4 ?) !
MUNSON, Joe, hanged Indianoa, Mississippi, April 2, 1914

MUNSON HANGED FOR MURDER.

Says Hia Act Pleased’ the Lord—Self-.
.. Defense Was Plea.

Indianqla.—Joe Munson, who was
convicted at.a‘special term of court
here, held last. July by Judge Monroe
McClurg, of murder of C. Q. Weeks
at Reubin, Sunflower county, and
who. fled -to his former home in
Holmes county and was captured by!
Allen Wallace and Prof. £. A. Tanner.
was hanged here inside the county
Jail by Sherfff R. C. Garnett. When
seen just before the execution, Joe ra-
marked: .“I think the Lord is pleased
‘with the way J. did the killing,” and |
that his soul. was safe. He said he.
¥illed Mr. ] ee close range,’when
he was: beifig’ approached with knife
aa |: platel, but. the ‘peook in the case
was that My,‘Weeks was shot tn the

ead and fell ont of the
ently when attempting
ev o ‘This. ig. the: fifth |
erMf Garnett, and: his
we..acarcaly half over.

CLEVELAND ENTERIPRIS, Cleveland, Mi Sissippi
April 2, 1914, page 6, column 1

——_——-

———_ mawmwr. IIT admnp DUB pouossunTq Aovyr

George's Mississippi Reports, Vol. 39 pages 558-569.
Affirm conviction of Negro Munford. Carroll County. A rare case of
capital punishment for the crime of mans1
Valentine Ashley, whose ethniticity was subject to doubt. Munford was
initially convicted of manslaughter in the death of Ashley, who was
specified in the indictment to be a "person of mixed blood'. Such a
conviction was not capital by Mississippi law. However the State's
Attorney appealed and won a quash of the original indictment and an
annulment of the conviction. Then Munford was reindicted on a charge
of murder which stipulated that the victim was actually white, thus
making the crime capital regardless of whether a verdict of murder or
manslaughter was returned. Munford was again convicted of mans laughter
but this time of a white person and consequently sentenced to death.

It was this second conviction and death sentence that was upheld by the
State Supreme Court in October of 1860. EXECUTED 4-/1-/86/

October Term 1860.

aughter. He killed a man named

: izeg pesguey *y9eTQ SeaeTs *CYOANNW
LOgL ‘2L Ttady uo t*sstw ‘AzuN0D TTO4zeD P

2), SOUTHERN -2nd= 7h).
MORGAN, R osevelt, black, electrocuted Laurel, Mississippi, on March 15, 19:6.

"Roosevelt Morgan, Jones county negro who has been charged with murder in connection with
killing his wife, Dona Mae Morgan, and David Allen on September 16, has been sentenced by
Circuit Judge Burkitt Collins to be electrocuted on December 10, in Laurel, according to
District Attorney Homer Pittman. Morgan also was charged with shooting his son-in-law,
Hughey Rhodes," AMERICAN, Hattiesburg, Mississippi, October 9, 1915 (10/3.)

"Laurel, March 1). (AP) = Roosevelt Morgan, Negro, is to be electrocuted at the Jones
County courthouse here tomorrow in compliance with a sentence imposed for conviction of
murder, Sheriff Luther Hill said the electrocution, first in the history of the county,
will take place about 6 a, m. The state's porable electric chair will be placed in the
courtroom of the courthouse, ‘During the October, 1915, term of circuit court here Morgan
was convicted and given the death sentence for the fatal shooting of David Allen, negro,
Other charges of murder his wife and wounding Hughies Rhodes, were passed to the files,
Decision of the court was upheld by the Mississippi Supreme Court in February," CLARION=
LEDGER, Jackson, Mississippi, March 15, 1916 (8/5,)

KAWKEX
"LAUREL NEGRO DIES IN ELECTRIC CHAIR, = CONVICTED ON MURDER CHARGE. = Laurel, Miss., Mar.

15, 1946. = (AP) = Roosevelt Morgan, negro convicted of murder, died today inthe electric
chair here in the first legal electrocution ever held in Jones County, Morgan was convic-
ted of killing David Allen, another negro, in a brawl in which Morgan's wife was shot and
kille d also and his son-in-law was wounded, The condemned man went to his death calmly,
admonishing all to ‘let whiskey alone,' and to pray for him. Morgan hummed hymns as he
was led handcuffed from the Jones county jail to the circuit court room, where the

state's portable electric chair had been set up, He bade farewell to a small group of
negroes gathered outside the courthouse, and as he left the jail corridor he called to
another prisoner, XX&}XXawWe,UCUMN OMAK FASTA XNA AK AAR XAT KWAK RHAAYK 'So long, Jimny,
be good.' In the execution chamber Rev, T. . Patterson asked Morgan if he had any last
message and Morgan replied: 'Don't worry about me, I have made it all right with God,
Tell all the people to behave themselves and to pray for me, Tell all the folks wiskey
@auses all this,.' Morgan was strapped in the chair and one charge of 62 seconds adminis-
tered by the executioner, He was pronounced dead five minutes later by Dr, P, C. Risher
and Dr. Te Paul Haney, the attending physicians, Morgan's body was taken in the afternoon
to Soso, to be buried beside the grave of his wife in the R&##i Rosenwald cemetery,"
CLARION-LEDGER, Jackson, Miss., Mar. 16, 1916 (16-8,)

TPR EPI TT
‘wie.

‘vy ow

ara gdm
ea his)
| i: % wt
is {! 4 My tk
ress | ‘
: n ae ee —_ | 0 pe reer mraeceeremeneegs sony

~. hrge th 7 i 'Y i ‘may : ®
Wy dH Re tam a

Ma r vin,

— : —_

MURRAY,

bana other Communist leaders of
‘pursuing a hateful] policy toward
‘Russia. leaning toward the Wect-
“wrong”

:foreign and domestic policy and
ideparting fram tne. Marxist-Len-
inist line. /
Belgrade dispatches yesterday
said Tito was believed to be at his

;summer palace at Bled in the
north. He usually spends June
there. A former Czechoslovak

delegate to the United Nations said
he thought Tito is dead. A hign
Yugoslav diplomat in Rome said
Tito still is in power. The fact
fremained_that weeks had elapsed
since the Strutting marshal. once a
general tn Russia's Red Army, had
1 appeared in the news. :

Vote Return

: fee #
; fe. ane t
ee | To Wo rk at ‘
= esa
ni eet FS a | London, June 29 iPr Striking
See =]! London’ dick workers voted at a
a et mass meeung today to go back to
Me a ee Wel tomorrow. ~
aa Confronted hy a lahor ee.
=e ernment determined to smash
en the 16-day old work stoppage
age a ‘Which has slowly pinched off
en London's food supplies. the
ah ll dockers voted by a wide mar-
S72 ]| gin to xet back on the job.
| pe Ee The strike was 2 wildcat af-—
Ser tl fair. never authorized py a
. fl anion.
Ht : pro-
—-------£| cla: labor
\ cahi yarm
E} tse] ostly
i] Strik
yA into
i] the va and
f cam ‘ITY SMIps were tied up. to
H} unload vital supphes for the port
tof London, where officia) figures
'! showed more than 18.000 men idle.
E King George VI declared the
+; eeantinued on Dase four)
oo 3
40 Years A
‘ CaTS /StIZ0
; I eee

IN THE DAILY
) THE DAILY HERALD

black, elec., Wiggins, Miss., 6-29-19)8

See a ; ia Set oe
CES Bay fOPF
rris, chief eng

neer, C. S. Hill, bridge
and J. W.
district engineer.

highway commission is eager to
Primary view that the correct in-
formation with regard to the tough

problems involved will be under-
‘| stood.

Wiggins Negro
Electrocuted For
Jailer’s Slaying —

Marvin Murray, 22-vear-old ne~-

E. M. Reynolds. aged Stone coun-
ty jailer, in September 1946, was
put to death early
State's portable electric chair.

The execution was Carried out
4% the Stone county
Wiggins. Murrav
dead by

was pronounced

oe | | Lo n don D oc ks ty He sho Physicians

five minutes after
the first bolt was applied. +

Murray went to his death ‘after
‘speaking with a colored clergy-
man, contending fRhat he did not
receive a fair trial:
nesses that he felt like he was in
dreamland.

The condemned man Was ree
turned to Wiggins late Monday
night from the Hin-s county jail in
Jackson. where he had bee
fined. :

Mr. Reynolds was fatally beaten
to death in the Wiggins jail where
Murray was imprisoned. | ;

Murray contended self-defence
at his trial. The circuit court deci-

supreme court and the United
State supreme court refused to in-
tervene in the case. —

| TAVERNKEEPER ON

| TRIAL AT ELLISVILLE

Ellisville, Muss. June 29 (P)
Ernest Bishop, 42-vear-old tavern
keeper on tria] here on charges
of murdering his wife, Mrs. Ruth
McNair Bishop, will base his. case
on self defense, his attorneys say.

-A Jury was selected last night.

Bishop was indicted for murder-
ing his wife in a pre-yuietide
Partv Dec. 20 at hic tavern a faveo

A. Tomlinson, construction engi-%
engineer, \
Kornrumpf, southern a

Director Spiva stated that the :

kro convicted for the Slaving of

today in the:

He told Wit=_

nN cone

| ‘

ares
'..8

meet with Coast residents with the |

—

courthouse ato *

sion was upheld by the Mississippi «__

&.
'
|

Fi
7
ay
s
ise

‘eye
,
=

1 a 4
Ry 5, wy feat
c t sr te he, See UF
; ,
wy: j ;
a ee
Pa z: va my 4 » a
ets"
j : .
a %)
% ims
.
;

a ee oe 9

Marvin Murray
Dies Here For
Slaying Of Jaiier

Sarvin Marray, 26-vear-pld ne
gro. died here earty Tresday- morn-
ing in (he s.ate’s: portable “electric
chair far the sivy: Tye WN aang
18, 1946, of stone County Jailer,
fue Reynolds,

Murray wus pronouneed dead at
Will aw. after the: Tbrsi- charge
Was sent throngo his ‘pedy -at- 42,58.

foowa. the first June capital pun-
fsoment had ever been Imponeg i)
Siune county, -

Relatvts of Murray did not elaim,
the body and it was buried by the |
county in “sinner's’ row | of ne,
negro cemetery here.

“A negro~ preacher-who WAS. with’
Murgay Monday while he waited |
‘for the time of electrocution, quot |
ed the doomed man as saying he
didn't have a fair trial” Murray ,
‘spent a good ‘deal of the” “pignt!
quoting = scripture, the preacher |

sald, So 2 |
ba sated 7 |

Murray was convicted of beating
Reynolds to death with a faucet:

and shackle whéy. the elderly jailer!

trougai him his breakfast. The,

“neere was” recaptured ~a-—few—hours.
later south of Wiggins,

, and Sons store here.

Pas

At the time, Murray was serving |
a term in jail after beng convicted |
of robbery in connection with the |
theft of $552 from Ernest Yeager

Convicted of first degree murder, :

“Murray Was sentenced to die jn the

electric chair, but the execution has
‘been delayed ‘by @ series of appeals’
“whieh Carried all the way to the
‘U.S. Supreme Court.’ The convic-
‘tlon was upheld and Murray | Jost:
his last hope. for life Monday when
‘Gov. Fieling L. -Wrght refused . to,
, bet aside the desth sentence.

SS ein SSS

<
ee eas

erm HN TWS = t wl tia a

BOX! PUBLIC LIBRARY 217 Lameuse Street

Netat ds

Biloxi, Mississippi 39530

\
cy
\

February 6, 1985

Ronald Cc. Van Raaalte ,

P.O. Box 584
Arlington Htse IL ~§0006

Dear Mr. Van Raalte,

e Daily Herald Newspaper of June 29,

cneleued is an article from th
f Marvin Murray.

4985 relating to the execution o

1 consulted with members of the Stone County Historical Society:
They knew of the incident and gave me the name of the son of the
| victim who is still living. He is E, M. Reynolds Jr- (Buck) »
College Avenue: Wiggins 39577: telephone 928-4815. You may 4!so
want to talk to Henry Bond who was police chief at Wiggins»

you further please let me know. Good

an? ,
‘ if | can do anything to help
: luck on your project.

Sincerely» :
pate. bust Poot ee

Murella Hebert Powel!

Genealoay & Local History Librarian YS,

EGEIWE|)

Branches... West Biloxi Library 3723 Pass Road Biloxi, MS 39531

Division Street Library ¢/o Biloxi Public Library

FFR | 41985 ee ct) ,
| | COI

few

‘VOLUME XXXI

Negro Held In
Jackson Jail For
Local Murder

A 25-year-old negro, Marvin Mur-
ray, a prisoner was recaptured Fri-
day morning, after critically wound-
ing, E. M. Reynolds, local jailer,
who died Saturday morning at the
Methodist hospital in Hattiesburg.

Mr. Reynolds was found uncon-
scious in a pool of blood on the
second floor of the jail about 8:20
a.m., after Houston Breland, who
was doing repair work, was attrac-
ted by a groaning noise and noti-
‘fied Deputy Sheriff, Cull Davis.

Mr. Reynolds head had been bat-
| tered with a faucet and a shackle.
He had gone to feed the prisoner.
Murray was recaptured on High-
way 49, south of Wiggins near Bun-
galow Inn, after Ray Blaylock and
Bobby Watts notified authorities of
; observing a negro coming out of Red
Creek swamps and attempting to
flag a ride. He had changed clothes,
which were given to him by Moss
Bennett. He was returned to Wig-
gins jail by Ardell Hall, Herschel
Hall, Slim Dancer, Ed Saucier and
State Game Warden Bounds. Mur-
ray was placed in jail and a heavy
guard posted.

Moss Bennett and Murray was
transferred to the Hinds County
jail in Jackson Friday afternoon by
Deputy Sheriff, Cull Davis and
members of the Mississippi High-
way Patrol.

weeks in connection wth the alleged
theft of $552, from the Ernest Yea-
ger Store. “. 2 .

ve! A ne--- ° “se

The prisoner had been in jail two |'

Wiley Pettis Wins

5 £. M. Reynolds
Rites Held
Mee: | Funeral services for Earl Maud

Reynolds, were held Sunday aiter-
noon, at 3 o’clock at the Methodist

$ and! church. Rev. William Fulgham,
turned | pastor of the church, officiated aid

E. N.| was assisted by the Rev. N. J. Lee,

e with / pastor
la. by| church. A choir representing all of
of the | the churches in the community was

of the Wiggins Buptist

led by Hollie T. Bond, Stone County

spent] Chancery Clerk, a nephew, Mac
* and | McCaskey of Mobile, sang “All Is
yYNeal| Well With My Soul”. Mrs. W. F.

Hopkins was the organist.
Mr. Reynolds, age 66 years, was

t the] born in Hillsboro, Texas and a resi-
tome-{ dent of Wiggins for 30 years. He

died early Saturday morning in the

re- | Methodist Hospital at Hattiesburg

thool | from head injuries, that were in-

fiicted by Marvin Murray, a negro,

are| who overpowered Mr. Reynolds at

fun-| the jail and escaped.

gered

BS eERESEUER SH Towa CTLEFERRP ER se

Mr. Reynolds was a faithful and
likable employee at the courthouse
for six years and will be missed
greatly by all. He was a member of
the Methodist Church and a fine
christain man, who was always
thinking and doing for others.

He is survived by his widow, Mrs.
Candis Coston Reynolds, three dau-
ghters, Mrs. Chester Hatten of
Cairo, Ga., Mrs. Clark Evans and
Miss Florrie Alice Reynolds, both
of Wiggins; a son E. M. Reynolds
Jr. Wiggins; two sisters, Mrs R.
L. Ferrell, Wiggins and Mrs. J. W.
‘Featherston of Salem Springs, Ark:
& brother, Frank Reynolds of
Mobile and two grandchildren.

The active pallbearers were,
Dewey Taylor, W. W. Morrison, H.
C. Hall, Earnest Yeager, Ira L.
Broadus, and W. E. Breland. Honor-
Ary pallbearers were The County
Officials. Burial was in the Wood-
lawn Park and Dees Funeral Home
in charge of the interment.

“Among those from out of town,
Mra. Wilson Reynolds, Mrs. Ben
| Semeter and Mrs. Blanche Smith
of Houston, Texas; Mr. and Mrs.
‘Grayson /Varnado, Columbia, Mrs.
‘Van Pickering, Mr. and Mrs. Sump-
ter Andress Jr., and Wilmer Morris,
Hattiesburg; Mrs. Virgie Foxworth,
Mrs. Emmett Reynolds, Mrs. R.
Aultman, Miss Vondell Aultman,
Reece Ackerman Jr. Mrs. OC. E.
Morris, Mr. and Mrs. A. W. Wallace,
Wiley Graham, Sandford; Mr. and
Mrs. Jack Peters, Miss Virginia
|. Peters, Clarksdale, Carlton Ferrell,
Birmingham, Ala., Mrs. J. T. Hat-
ten, Cario, Ga., Howard Hatten

" { Hattiesburg; Mr. and Mrs. W. R.
t | Ferrell, Mr. and Mrs. H. H. Ferrell,

Biloxi; Mr. and Mrs. Edgar Ferrell,
Mr. and Mrs. Vernon Watts, Mr.
and Hillman Byrd, Mr. and Mrs

ry
al.
24! Eugene Hatten, Tom Giles, Mrs.
in

M. M. Graham, Gulfport; Mr. and
Mrs. Mac McCaskey and son, Mrs.

I- | Jewell Bryan, Mr. and Mrs. ™, F.
t-] Reynolds, Mr. and Mrs. Paul Rey-

nolds and children. Mobile, Ala.

4] WALTERS - HICKMAN

party
Repre:
publica
fons o}
from t
Mr. 8n
“The:
succeed
these
since tk
has alv
fair and
ainst th.
severely
Appoi:
tenant 5
was asse
of the
Chairma
members
was elec
Judge
count)
and‘{ —.
raising tl
tary. Mr.
office at)
“While.
our ‘para,
we cannot
from ' the‘
have a pli
the whit» °
sald a
Holmes an
crats of N

Former
Snider, w
for the
“fully re:
our peop
ence anc
amount
concerns
crats. O
people 3
they we
of the
would

Mrs

ty teat ¢

Paina toast Rachg

Charge date trom 2/34/60 to 2/raflo

- ee @—@ sees . —————- =
Exgcetion or Naeteun.—The negro bos

Neleon, the property cf Mr. Geo. Couley, of
this county, who was convicted at the last term
vf our Circuit Court of un assault on Mr Ezra
T. Williams, with intent to commit taurder,
#08 cxecuted in the jail yard verterday.

- OS OS ee a peges. ——-.-

Weekly Vicks burg Whig

February 24 , 1860
( Feb, 23 section)

p. 2, col: |

NELSON, Slave, black, hanged Vicksburg, Warren Co., February 22, 1860. |

“Execution of Nelson-The negro boy Nelson, the property of Mr. Geo. Cooley, of this
county, who was convicted at the last term of our Circuit Court of an assault on Mr, Ezra T.
Williams, with intent to commit murder, was executed in the jail yard yesterday.”-Weekly
Vicksburg Whig (Feb. 23 section), 2/29/1860.

“Vicksburg, February 24-The runaway slave Nelson who was arrested and tried sometime
since for an assault with intent to kill an overseer was executed in this city this afternoon.”-
Bee, New Orleans, LA, 2/25/2860.

NALL, Dred, black, hanged Carrollton, Carroll Co., March 25, 1871.

“The Carrollton Conservative of last week says that a difficulty occurred on the farm of
Judge Whitehead, between two negroes, in which one was shot and instantly killed. The murderer
was arrested.”-Reporter, Holly Springs, MS, 10/28/1870 (1/7).

“Dred Nall, the negro murderer, who was to have been hanged in Carrollton, on the 3rd of
March, has obtained a respite of fifteen days from the Governor.”-Reporter, Holly Springs, MS,
3/17/1871 (4/1).

“On Friday, March 25th, Dred Nall, the murderer, was hung in Carrollton.”-Reporter,
Holly Springs, MS, 4/7/1871 (2/2).

Nall, Dred, black, hanged

The Curtujltun, /Gonsereutind. of
“thik week./says thit a diff salty:
ocetred - on the: ‘farm of: Jorg .
Whitehesg,. utweeu two neg:
‘fu whith ‘one’ wus shot ind:
_ tantly: killed, The . mubde
Retie artestod.|- x aoe 4

fe 26 (2 $10
C+)

Rae sy

is eae the ‘hegro.. ahurderer; |
daya front the ‘Gaxerhor | fy : |

3-/7- 137]
(41)

Qin PPEPORTER,

an ”~mwr } ee r
Carrollton, os Ol ee

ae eae {

wr-
wre UTE ty. Se |

On Friday, March ‘25th, Dred 7
| Nall, the murderer, was. bung in
| Carrollton. :

NELSON, Cleveland, bl, hanged Meridian, M3 on 5-8-1

VOOMED NEGROES.
READ BIBLE. PRAY
FAST AND. SI

Time Draws Near for Blacks
to Die for Killing
Toomsuban

Cleveland Nelson, 19, and Clinton
Nelson, 21, negro brothers, who are

in the county jall under sentence of
death, spend practically all of their
time jn the county jail. reading the

y “sieging and fasting,
according to Jailer A. E. McGee.

The two negroes were tried and
convicted for the murder of Andrew
Price, prominent Lauderdale county
planter and former merchant of
Toomsuba, who was shot to death in
his fleld in October of last year. A
third brother, Dock Nelson, was sen-
tenced to life imprisonment in the
state penitentiary and is now serving
his term in connection with the mur-
der, :

Cleveland Nelson has been sen-
tenced to death on the gallows May
8. the supreme court having fixed
the date of execution when the appeal
of the black from the circuit court
conviction was confirmed,

Clinton Nelson's appeal from con-
viction in the circuit court has not
yet been passed on by the supreme
court, but the high court was ex-
pected to render its decision in the
next few weeks and refix the date
of execution.

It was understood that should the
supreme court affirm the death pen-
ally imposed by Judge Fatheree fol-
lowing Clinton's trial in the circuit
court, efforts will be made to have
Governor Bilbo delay the execution
of Cleveland so that both hangings
may take place at the same time,

Jailer McGee says that both con-
demned negroes are visited practi-7
cally every day by various colored
preachors and others who are inter-
ested in giving them spiritual advice
and that both appear to be resigned
to their fate,

“The daylight hours of the two ne-
Kroes are devoted to reading the Bi-
ble, praying, singing religious hymns
and on two days of the week = in
fasting,” their jailer said.

It was also stated that on the days
of fasting the negroes eat absolutely
nothing, their only nourishment be-
ing water, plenty of which can be
secured by them from the hydrant in
the condemned cells where they are
confined,

A ee ee tn

—- — we oe ee

oN} quests made to the sheriff for per-

FT ah ae Pr Oe Se
ed by floral tributes from het
of admirers, Norma Shearer,

ed acreen actress, made this
etty picture in her cabin aboard:
18 & E Europa as she sailed for
a European vacation with her hue-
band, Irving Thalberg

HS RESTFUL NIGHTS

FATS FULL MEALS

Continued From Page One) /
ee }

}

grits, fapjacks and coffeee, Jaller
McGee said.

The doomed negro's noon meal
consisted of a chicken dinner which
had been especially ordered by Sher-
iff Matt J. Stone, who desired that his
last meal on earth, if he retained hia
appetite to ent, should be anything he
desired, He picked chicken and dres-
sing and the other trimmings for
such a repast,

Fats In Usual Way

And he was said to have eaten his
dinner just as he had other meals
since he has been confined jn the
condemned cell with his younger
brother, Clinton, who is
demned to death for the murder of
Mr. Price, but whore appeal to the
supreme court has not yet been pazss-
ed on.

Clinton Nelson, realizing that the
end of his brother was fast approach-
ing spent most of his time Friday
morning $n the usual routine with

Cleveland in preying singing religious
hymns. The two brothers have passed
their daylight hours in this way since
they have been convicted.

Jailer. McGee expressed the fear
that Clinton Nelson will lose his mind
following the hanging of his, younger
brother.

Many Want To See Hanging

There were a large number of re-

mission to witness the hanging, but
he stuck strictly to his statement of
peveral days ago that only members
of the murdered man's family, mem-
herr of the family of the doomed
man, possibly two physicians, two
preachers, any one or all the lawyers

ithe citizens of the Toomsuba section

alsp cone

who were involved in the case, newa-
paper men and such officers ag were
aa would be admitted to the
ail. ‘

It was stated just before noon that
but one woman had asked the privi-
lege of witnessing the hanging. She
wan denied the privilege.

‘Occurs On October It

Cleveland Nelson paid the life pen-
alty for the murder of Andrew Price,
one of the best known planters of the
county and former merchant of Toom-
suba, who was shot and clubbed to
death in his field last October 11, ac-
cording to the state's evidence.

The brutal slaying, which aroused

as they had never been nroused be-
fore, followed shortly after Mr. Price
and Nelson had a personal difficulty
and the negro was struck by the
planter with a soft drink bottle.

(Cox.

to his dea
the hands

Those arre.
Mr. and Mrs.
and Ira Trapt
& Wright, Amo
dale and J. G.

As the smoke
Ing and the hunt
the prohibition 6
work in Mississip
Michigan serving ©
conspirators against
dicted In airplane, b
tor liquor smuggling s
plots, This is the afi
million dollar smuag
exposed by the gover
month as centering in N

Victim of Agent

Land was the victim of .
prohibition drive against moo.
and bootleggers in the Columbt
The raiding agents, Wiley Wri
Amory, Miss. D. J. Hendrick.
Aberdeen and Henry Furt of Cla
dale, reported to Sheriff John Wi
inma, at Columbus, that Land wa

j shot and killed at his 5 farm three miles
, ‘te aches

Word of the killing spread rapidly
and in a short time a Jarge posse
headed by Sheriff Matt J. Stone and
his deputies, with the ald of blood-
hounds started a hunt for the slayer,
who evaded his pursuers for several
hours by boarding a freight train on
the A. T. & N, road, but was cap-
tured by Mobile police as he left the
train near that city.

Shortly after his capture he con-
feased to the slaying and was spirit-
ed to an unknown Alabama jail,
where he was confined until a special
grand jury and special term of the
cireult court was called by Judge J.
D. Fatheree.

The only eye witness to the murder,
Jake Witherspoon, negro farm hand
in the employ of Mr. Price, and who
was being directed by the latter in
the mowing of hay when the killing
occurred, stated, that not only.. Cleves.
land Nelson, but his younger and old-
er brother, Clinton and Dock Nelson,
respectively, committed the crime,
Cleveland first shooting him and then
all three rushing on him, taking Mr.
Price's pistol from him and beating
him with it until he was dead.

brought murder Indictments against
all three and all three were convict-
ed, Cleveland, at the spacial term of
the circuit court, and Clinton and
Dock at the regular February term
of the circult court, following.

Cleveland and Clinton were sen
tenced to death, while Dock was giv-
en n life term in the state peniten-
tiary, which he is now serving, not
having taken an appeal to the su-
preme court.

Cleveland's appeal to the supreme
court was speedily affirmed and the
date of his death fixed for Friday,
May 8. Clinton's appeal is still pend-
ing In the supreme court and if the
lower court js upheld his execution

er, Cleveland.

_ All. three. brothers. Were ably de-.
fended by attorneys from the Merid-
ian bar appointed by Judge Fatheree
and, were vigorously prosecuted by,
the district and county attorneys. The
juries in the three trials returned
their respective verdicts without long

Clinton and Dock Nelson were cap-

drawn out deliberations of the evi-
dence. ‘

tured and the special grand jury |

will soon follow that ef his broth- |.

bh WW
ow
2 [

‘HAS RESTFUL |
- NIGHT; EATS
_ FULL MEALS

———— ee

Cleveland N elson Selects

ww» Chicken Dinner; Deny Re-

rt ed of Woman to See

anging

FEARS THAT NEGRO

WILL LOSE HIS MIND

Cleveland Nelson, 20-year-old
negro youth, pald the supreme
penalty at the Lauderdale county
jall Friday afternoon for the
murder of Andrew Price, planter
yand merchant of Toomsuba, when
he was hanged to death.

Nelson was calm to the end and
went to his death firm In his con-
viction that he was forgiven for
the killing of Mr. Price.

The trap was sprung at 2:20 p.
“ym. and he was pronounced dead
at 2:35 p.m. Death came by stran-
gulation,

Just before the negro Was placed
upon the trap, Rev. M. Williams,
pastor of the First Congregational
church for negroes, said a_ brief
prayer, Nelson's Jast statement was:

Acks for Others’ Forgiveness
“) want ta thank all of those
frienda who have been so nice to me.

J vill meet them all in the kingdom |

otf Gad. Oh! Lord, forgive them for
hat they are about to do. Tr’;
khow not what they are doing.”
The condemned man was calm to
the end, a physician, on reading his
lee just) prior to the execution,
sted that it was practically nor-
rl. a” i
The last two hours of his life, the
necro spent talking with friends, rel-
wives and officials, He clung to his
Bible at all times and everything
that he said was concerned chiefly
wth the conviction that he was for-
‘ete by God and. was going to
waves.
Hs, brother, Clinton, also under
ensitehce of death for the murder of
Mi: Fre was with him in the

cendgmned cell up to the time of the |
\ exe ition. Just before he was taken
\ frm the cell Rev. Wiliams and the
| tue negroes :
| praver in unison.

repeated the Lord's
Photos Are Made

» At the special request of the exe-
euind negro, pictures were made of
him by John Clark, photographer,
bdiore he was taken from the cell.
He posed hand in hand With his
brother, with a Bible clasped to his
howom. Several poses were also made
He stated that
sent to his
mother and
y-other. Dock Nelson, who is serve
ing a life sentence in the state pen-
jtentiary on the same charge for
which he was hanged.

The negro hh a dressed in a white

hit

shirt and w linen trousers. Just
fore the pictures were made he
x Ai that he wanted a tie and an

aes loaned him his to wear.

In addition to Rev. Williams, other
negro ministers who visited Ne
belore the OTe C NR itt M. T. J-

rd and M. 5. ott.
‘tena Elmer Wall of the Salva-
tion Army’ also visited the cell

Nelson and consoled. him. |

| Arranges Own Funeral Details

|. Nelson requested that P. J. House,

assisted by T. H. Dixon, Meridian
gro ministers, officiate at his fu-

reral. He stated he wanted to be
buried in the cemetery near his
home.

On being questioned by newspa-
permen in his cell some time be-
fore the hour of the execution, Nel-

nm stated that he wanted everyone

* know that his brothers, Clinton
and Dock, are innocent of the mur-
der of Mr. Price.

“My brothers are honest men and
had nothing to do with it,” he said.
“They were not with me when it

” med.

Pen asked how he felt, he said:

“L feel finel My feet are on God's
Kingdom and I am going to heaven.
I will meet all honest men at. the

ht hand of . :
nth Cleveland Nelson and this
brother. Clinton, enjoyed a hearty
Between prayers and
spoaking of his life hereafter, Cleve-
land carried on & humorous conver-
sation with his brother as to which
had eaten the most chicken.

To all outward appearances, the ne-

was as calm, if not calmer, than
any of those present before and
during the execution.

lle was keyed up. somewhat, but

i . was he hysterical or
neat a collapse. His conviction that
he, was forgiven and his religious
fersor were apparent to all.

OS . 6 Crowd Around Jalil

here Was B large crowd gathered
outside cf the jail: long before the
exe ution Was ac led, composed
chicily of Negroes.’ » >:

yptness€s of thé execution includ-
ed ofsicials. doctors, newspaper men
ang chers.

Ina prepared statement to be de-
Jive cd ta Rev. House and Rev. Dix-
of. 20079 hinisters, Nelson wrote:

yo been a member of the Green

Hity Baptiot church about seven
vee sd Rev. T. H. Dixon baptized
re. Foam @ Christian and fully

4 to meet the demands, 30
' prepare to meet
on the banks of sweet deliver-
ancy de bere parting will be no more.
WY) eouest Rev. House and Rev.
2.6.1. attend my funeral.
byrne request of Cleveland Nelson.
Vv g, 1931," ‘ -_ & *
iCtcyeland awoke early: and ate &
iy brealt*sst, consisting of eggs,
Sg eel ; . . ,

.) . Y ie!
. ¢ (Continued. on Page UD gees |

Natchez Daily

Free Trader

(Netchez, Miss.)
Febvuavy 247, | 860

p. 2) c. |

| Execution or Neuson -—Thé nevro boy Nel-
son, the property of Mr.-Geo, Cooley, of this
Yenunty, who was -ronvicted- atthe lagt term of:
‘our Circuit Comt of an. assault on, Me. Bera -v.:
PF Walliams with intent to eonmifé murder, was,
jexeécuted in thé jail yard yesterday.— Whig. ©

. of grand
slips con-
» with list
038, 2045).

ired to at-
‘ors to as-
earch min-
0, §§ 2033,

arvisors
‘k certified
utory war-
| jury box

received
1ames of
no com-
surt clerk
nee with
vervisors,
d to cir-

ing issuance
nd jury box
‘cumstances,
ing on clerk
de 1930, 8§

» be drawn
ed circuit
y, where-
‘ode 1930,
lerk to is-
smmanding

| Indexes

NELSON v. STATE Miss. 9249
183 So.

gheriff to summon designated number of
. qualified electors of county to serve as
grand and petit jurors. On afternoon of
game day, clerk of board of supervisors
informed circuit court clerk that board
had made new list of jurors to fill jury
‘box pursuant to Code 1930, § 2033, and
thereupon certified copy of jury list was
filed with circuit clerk, as required by
‘section 2035. Order for venire facias had,
however, been made, and writ already de-
livered to sheriff, and no attempt was
made to recall it.

8. Criminal law €1186(4).

\ Brror, if any, in proceedings for making
wp grand jury list pursuant to order directing
issuance of special venire facias held mere
frregularity, cured when jury was impaneled
and sworn (Code 1930, § 2064).

Code 1930, § 2064, provides that jury
listed, drawn, summoned, or impaneled,
though in an informal or irregular man-

_ ner, shall be deemed a legal jury after
it shall have been impaneled and sworn.

In Bane.
Appeal from Circuit Court, Lauderdale
County; J. D. Fatheree, Judge.

Cleveland Nelson was convicted of murder,
and he appeals.
Affirmed, and date fixed for execution.

Barney Eaton, Jr., of Meridian, for appel-
lant.

Geo. T. Mitchell, Atty. Gen., and W. A.
Shipman, Asst. Atty. Gen., for the State.

GRIFFITH, J.

Appellant was convicted of murder, and,
{n accordance with the verdict, was sentenced
to death. So far as the facts of the case are
concerned, it need be said only that they
amply prove the guilt of appellant and beyond
all doubt, even if every item of evidence
which was objected to, or which might under
any rule have been objected to, had been ex-
cluded from the consideration of the jury.

The question in the case is whether the
grand jury which returned the indictment
was a lawful jury. On this question, the rec-
ord shows that on Saturday, the 25th day of
October, 1930, which was the 24th day of
the regular September, 1930, term of the cir-
cult court of Lauderdale county, the circuit
judge had determined to call a special term
of court in that county to convene on the
first Monday in December, 1930, “for the
transaction of criminal business.” An order
for said special term was thereupon made
and entered on the minutes of said regular
term. This order was entered in the fore-
noon of said day, and the court thereafter

and at noon on said day. adjourned for the
term, and the minutes of the term were then
closed.

When in the forenoon, as aforesaid, the
judge was about to draw the jury for said
special term, under section 2039, Code 1930,
the judge was informed by the clerk that
the jury box was empty, whereupon the
court, acting under the language contained
in the concluding clause of section 2060,
Code 1930, inserted in the order the following
direction: “It further appearing unto the
court that the jury box of Lauderdale county
is now empty, the clerk of the circuit court of
said county is hereby ordered to issue a spe-
cial venire facias commanding the sheriff of
said county to summon fifty good and law-
ful men and qualifying electors of Lauder:
dale County to appear at the court-house of
said county on December 1, 1930, at nine
o’clock A. M. to serve as grand and petit
jurors * * * and the sheriff is hereby
directed to summon said jurors as directed
by said special venire to appear for jury
service at said special term * * * on the
first Monday in December 1930 at nine o’-
clock A. M.” The venire facias as directed
by said order was immediately issued by the
clerk, and delivered to the sheriff.

After all the acts and proceedings, above
mentioned, in respect to said special term had
been done, the clerk of the board of super-
visors in the afternoon about 5 o’clock of
the same day, informed the circuit clerk that
the board of supervisors of the county, at
its regular October, 1930, term, and particu-
larly on the Sth day of October, 1930, had
made a new list of jurors to fill the jury box
then empty, section 2033, Code 1930; and on
the same afternoon the clerk of the board of
supervisors filed with the circuit clerk the
certified copy of the said list as mentioned
in, and required by, section 2035, Code 1930.

But, as already said, the order for the
venire facias had then been made, and the
writ had already been delivered to the sher-
iff. No attempt was made to recall it,
either by the judge or circuit clerk, and the
sheriff proceeded in obedience to it. So do-
ing, the sheriff took the pollbooks of the coun-
ty and selected fifty qualified persons, taking
them from among the several districts of the
county in proportion to the number of quali-
fied persons in the respective districts, fol-
lowing thereby the same principle in that re-
spect as is declared by section 2033, Code
1930, and the more nearly approaching the
true plan of the law than was observed in
West v. State, 80 Miss. 710, 82 So. 298, where-
in the selection was upheld.

[1-3] The points raised as we understand
the arguments are, first, that, when the
board of supervisors selected the names of
jurors on October 8, 1930, the jury box be

@=For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

250 Miss.

came thereby and thereupon immediately
filled, although the list was not certified to
the circuit court until the afternoon of Oc-
tober 25, 1930. We do not think this point
well taken. The circuit clerk is the custo-
dian of the jury box, and it is his duty to
place therein the slips containing the names
of the jurors in accordance with the list
furnished him. Section 2045, Code 1930;
see, also, sections 364 and 2033, Code 1930.
But the circuit clerk is not required to at-
tend upon the sessions of the board of super-
visors to ascertain the names of jurors, or
to search the minutes of said board to find
these names. The statute, section 2035, Code
1930, requires the clerk of the board to de-
liver to the circuit clerk a certified copy of
the list of jurors, which list so certified and
delivered is the warrant to the circuit clerk
to make the slips and place them in the box,
and, until he has received this statutory
warrant for so doing, no complaint can be
made of the circuit court, or of the clerk
thereof, that said clerk has not filled the box
in accordance with the names selected by
the board, but not yet officially transmitted
to the circuit clerk. If there were any fraud
or wrongful purpose shown in the matter of
the delay in filing the list with the circuit
clerk, that would be another question, but no
such fraud or wrongful purpose is asserted
here.

The point in its second aspect is that when
the list has reached the circuit clerk and the
box thereupon became filled, the sheriff could
not thereafter select the names from the poll-
books, although acting under an order and
venire facias issued previously to the filling
of the jury box; but that the only course
thereupon open was to draw the names from
the box in vacation, as provided in section
2041, Code 1930; and in the third place,
that, the court in the event of an empty jury
box could not, under section 2060, Code. 1930,
order a jury summoned by the sheriff until
after the convening of the court in the ses-
sion at which the said jurors are to serve.

133 SOUTHERN REPORTER

We are of opinion that, for the reason herein-
after stated, these two contentions are not
sustainable in this case.

[4,5] It may be argued with some force
that the purpose disclosed in the statutes
relative to the drawing and summoning, of
jurors, and which purpose is touched upon
in Harris v. State, 155 Miss. 794, 125 So.
253, is that in all events such steps shall be
taken and such orders made in advance, as
that there shall be no delay when the term
convenes by having to suspend business and
wait while the sheriff shall have time to
summon jurors from all parts of the county.
We do not hold, however, that the strictly
proper course for the judge to have followed
here, when he called the special term, was to
order the special venire facias at the time
and in the manner he did. All we hold is
that his order in that respect was not void,
from which it follows that it was binding on
all subordinate officers, and particularly on
the clerk and sheriff. It was their duty to
obey it, and that was what they did in this
case, without any assumption or attempt on
their part to change it or to perform it in
some modified form. It must then further
follow that what they did was not void; and
there being no claim, or intimation of claim,
that the jurors selected were not fairly com-
petent, or that any fraud was practiced, or
that any officer concerned resorted to any
means calculated to materially prejudice the
rights of appellant in respect to any matter
of real substance under the jury laws, the
points here urged are within, and are ob-
viated by, the curative provisions of section
2064, Code 1930, which provides that “a jury
listed, drawn, summoned or impaneled,
though in an informal or irregular manner,
shall be deemed a legal jury after it, shall
have been impaneled and sworn.” See Harris
y. State, supra. }

Affirmed, and Friday, the Sth day of May,
1931, is fixed as the day for the execution of
the sentence.

a
a.

ay
4

ince a
rs
sag Spee - ogy

NELION, Cleveland . ‘
weland, bl, 18, hanced w
$ » NAanged Meridia:
. an
9

248° + Miss.

judges of this court, since the year 1881, fifty
years ago, have participated in, and been par-
ties to, the construction placed upon the stat-
ute in the Thornhill and Lee Cases and many
others,

Recognizing, as I do, the force, weight, and
consequences of the judgment of the Supreme
Court of the United States in the case of
Western & Atlantic R. R. v. Henderson, 279 U.
§. 639, 49 S. Ct. 445, 73 L. Ed. 884, still I am
persuaded that this court is not warranted
in striking down all cases reaffirming the con-
struction placed upon the statute in the
Thornhill Case subsequent to and including
the Packwood Case, supra, on account of any-
thing said in the opinion in the Henderson
Case; and, if it be that the construction ad-
hered to would result in invalidating the stat-
ute, still I think the question should finally be
settled and determined by the highest tribu-
nal. It is clear that all the judges, since 1880,
have had in mind the Federal Constitution,
and especially the Fourteenth Amendment, on
this question. I think the Henderson Case is
limited, both by its syllabus and opinion, to
the facts therein stated. The instruction on
Georgia’s prima facie statute told the jury,
in effect, that they were required to adopt con-
flicting and illogical theories of negligence as
shown by the pleadings, in which they were
virtually told that the engineer saw and did
not stop his train, and in another that the
engineer’s eyesight was bad and he could not
see; and, from these irreconcilable allega-
tions, the jury were warranted in presuming
negligence arising from either or both of these
conflicting allegations of negligence; and it
certainly does appear that the court there had
in mind only one character of injury—a col-
lision at a railroad crossing. Judge Butler
specifically does not overrule the announce-
ment in the Turnipseed Case, and, so long as
that case stands, I think we are warranted in
upholding the view entered by this court, as
approved in the Turnipseed Case.

It is my judgment that the prima facie stat-
ute ghost will not down, and that, eventually,
the highest tribunal will, of necessity, be
called upon to pass on the application of the
prima facie statute, and the case at bar, no
doubt, would evoke from that court a clear-cut
statement which would settle, for all time to
come, vexatious questions which are arising,
and which will hereafter arise, as to the ap-

plication of this statute.
If the prima facie statute can only be ap-

plied when the maxim res ipsa loquitur is ap-
plicable, then the statute is useless, and it is
to the interest of litigants that the validity,
vel non, of the statute be finally and author-

itatively settled.

For the reason that our view has been en-
tertained for so long a time, and has been so

M3 5/8/1931

133 SOUTHERN REPORTER

often upheld by our court, and retaining in
mind its approval in the Turnipseed Case, I
think the rule of stare decisis should apply to
this case, and I therefore dissent.

COOK, J., joins in this dissent.

NELSON v. STATE.
No. 29314.

Supreme Court of Mississippi.
April 6, 1931.

Suggestion of Hrror Overruled.
Syllabus by the Court.

Circuit court clerk is custodian of grand
jury box and must place therein slips con-
taining jurors’ names in accordance with list
furnished him (Code 1930, §§ 364, 2038, 2045).

2. Grand jury @=8.

Circuit court clerk is not required to at-
tend sessions of board of supervisors to as-
certain names of grand jurors or search min-
utes of board therefor (Code 1930, §§ 2083,
2035, 2045).

3. Grand jury ¢=8.

Clerk of county board of supervisors
must deliver to circuit court clerk certified
list of grand jurors which is statutory war-
rant for placing names in grand jury box
(Code 1930, §$§ 2033, 2035, 2045).

Until cireuit court clerk has received
statutory warrant for placing names of
grand jurors in grand jury box, no com-
plaint can be made that circuit court clerk
has not filled box in accordance with
names selected by board of supervisors,
but not yet officially transmitted to cir-
cuit court clerk.

4. Grand jury 10.

Order of circuit judge directing issuance
of special venire facias when grand jury box
was found empty, in view of circumstances,
held not void, and therefore binding on clerk
of circuit court and sheriff (Code 1930, §§
2039, 2060).

When grand jury was about to be drawn
for special term, clerk informed circuit
judge that jury box was empty, where-
upon court acting pursuant to- Code 1930,
§ 2060, made order directing clerk to is-
sue special venire facias, commanding

G@=»For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests ‘and Indexea

ovaAatAocAmN

eect

ete
7 F

NEWELL, Ke Ce, black, Jasper County, Mississippi,

"A plea for clemency for Ke Ce Newell, Jasper County negro sen enced to die February 15
for the murder of Forrest Sims, a white farmer, was turned down by Gov, Fiélding Wright,
Wright attended a clemency hearing for Newell in Bay Springs at which spokesmen for
Newell said the negro claimed he killed Sims because Sims had allegedly been intimate
with Newell's wife, At the hearing, Jasper County Sheriff Robert Alexander and Chancery
Clerk J. Je Denson told the governor that they believed Newell's unwritten law defense
statement and said they believed the negro's sentence should be commuted on the basis
of this 'newly discovered ewidence,' District Attorney Joe A, McFarland, Jr., County
Attorney O. Me Oates and Attorney Ed Ulmer opposed commutation with McFarland claiming
that the physical facts of the case refuted Newell's WAWHXEXaH unwritten law defense.

In announcing his decision, Governor Wright said that after hearing the evidence he
could find no basis for a commtation of sentence for Newell," DAILY NEWS, Jackson,
Mississippi, February 8, 1951 (2/7=2.)

"The unwritten law was injected today into the case of Ke Ce Newell, Jasper County negro
sentenced to die February 15, for the bludgeoning of Forrest Sims, white farmer and
cattleman, Governor Wright has under advisement a petition by a group of Jasper County
citizens to commute Newell's sentence from death to life, The governor was expested to
announce his decision this week, On Wednesday Governor Wright held an open hearing on
the commutation request at the Jasper SSHME-XCBHPEXNAMERXTNXRAPXSARTARSY county court
house in Bay Springs, Three men, Sheriff Robert Alexander, OHXGWARAEEPXEISEK Chancery
Clerk Je Je Denson and the Rev. Mr. Hughes, M&KXK retired Baptist minister, told the
governor they believed Newell's post-trial statements that he killed Sims because Sims
had been intimate with Newell's wife, Annette Newell, They offered this contention on
the part of Newell and his wife as 'newly discovered evidence.' Opposing the commuta-
tion were District Attorney Je A. McFarland, Jres3 County Attorney 9, M, Oates and
Attorney Ed Ulmer, D,. S. McFarland, Jr., told the Governor that the physical facts

of the @X#BXHK case refuted the ‘unwritten law' defense, He pointed out that evidence
showed Sims had been killed in his pasture by a WXBEXXBKA wire fence he had been re-
pairing, and that his body had lain by the fence all day, McFarland added that Newell's
son, testifying as a state's witness had admitted he helped his father drag Sims' body
from the pasture to a nearby highway, where the corpse was later discovered, About 1,00
persons, among them a large group of relatives of the slain man, attended the trial.
When Governor Wright took a show of hands among the persons attending the hearing, only
five persons voted in favor of a commutation," DAILY NEWS, Jackson, Mississippi,
February 7, 1951 (1/8.)

NEGRO HANGE

; '(Continued’* from First Page)

eee eee ete.

Saeeueteaas sogerteetonee:

former statement that John Carr was
not. with him on the night he entered:
Seeberg's store. Newkirk did not
speak after he was taken into the!
hallway where ‘the scaffold awaited |
him. The drop was through the open|
area: way. The negro was cool, show-!
ing) little or no emotion. |

_ The ‘persons present were the sher-
‘iff, \Dephties Patenotte, Huggins, Byrd |
“Duckworth, Jailer Kipg, | Dr.
psj the jail physician, Dr. BE. C.
atket, @ hewspaper man, L. Castle-

’

ow oma Reem ono

i .

.
(epee = ee coe

| bexry, ‘Webonel esse ee scaffold, and two!

e ‘

the charge of ei a3

The hanging of Percy Newkirk was.
exactly one month after the commis- |
sion of his crime and almost. to a |
riinute it was one. month after he
was sentenced by. the jadge of the
Circuit Court. Newkirk, bent on rob-
bery and armed. with a’ pump gun,
jbroke into the store of the Rolf See-
‘berg Ship Chandlery Co, at 4:50 in

the morning. Chief of Police Dickey, |
sons for by Officers Taylor and Weeks,’
a nalf hour later foHowed the negro:
iris the store and was shot down by!

Nevkirk almost immediately. Angry.
‘citizens surrounded the store and at
50 Newkirk ¥ ras dragged out from
his hiding place under a stairway and
Aeetied to jail, where he -confessed.
“Foo narrowly eseaped lynching. He
was indicted, tried and sentenced be-
fors twelve o'clock.” The sentence to.
‘death was pronounced in six hours,
‘ard forty minutes,after the cammis-|
'sion of the crime, breaking all records |
‘for promptness of procedure in a cap-|

ip
‘ital case in a competent court. .
73 . \

—

NEWKIRK, Percy, black, hanged Gulfycrt, Miss

‘ER OF ke

eae ~ With Little ‘Show: of
_ Emotion Went to Scaffold at 10.43.
foe "Very Few Witnessed Execution, ;
(Lo X/
ah ALY) ulfports Eibioary a1.
< With'a sort of brutish indhfere ce,
“ag ‘if he were incapable of an intelli-
“gent ‘contemplation of his fate or-of :
feeling of horror or remorse such

sad ‘would be expected from a person 1

“under the circumstances, Percy New- ‘

“kirk, -the slayer of Chief of Police
Dickey, went to the scaffold erected
in” ‘the. county jail and Was executed -
cat-o1036 this morning. He was -
“brought out into the hallway. where |
the. scaffold had been erected above,
; the stairs, at 10:48. There was no de.

day and the trap was sprung three
“minutes afterward. The negro’s neck

“was broken. At 11:18 the body was.
“gut down and removed to the under-"
é taking establishment of R.-F. Wylie.

Da iL

Se, February 21, 1913

-- The execution, the first in Harri-
-#6n County in nearly six’ years, ‘was
without a hitch, : Up to the very Rour
bf: the execution bat $ very few ‘per-.
‘gong knew the time set for it. - Sherift’
‘Elmer took every. precaution :to- have
the: execution conducted’ privately‘ end°
Reet, tithe hour to. himself, ©: ste: tied ,
sbéen tmportuned ‘in ‘ ‘petson and: by’
efter: bya. acbre OF m0re 6:

é veiah the hans

=oTas beers inter tccmch ex ei
\plate his tate with fear OF any Fe 3
vwation “of what it would: “be; bat ras
ipeninat tora them! tay 2 Shy

HeROLD

I> 120% Nissi s3 (AA /

ZB, Af, re,

i ‘

K C Newell ‘gh avear-old repr
died eurtiy this morning in ae
\ giate's portable electric chair :
the ruurdez of Forrest Sms, ee
Jesper farmer. ecm ny i !
found on Highway

41949. + |
V xewell died “murmuring pa
dyord, O Lord, O-—-" eut short y.
the execuboner thrue toe = |
Igwhtch. Newel walked from a
} nee across the hall to the cou |
1 ob ecote e ahoriiy «fier midnight: He:

3, TOOT. one eae hr ot ;
H saris Tiank ed ‘ setae Laaied +

4 Shas aan boy’

We ieee chan Sherlt ab he :
dger agivec the condemned ue
ihe wanted ty make & page iy
‘Newell made neo reply, @ ho
‘miter the maASE had been p

” Tne current pa 3 ‘
‘Newell s pods at 12:13 thit
', dng. the was pronounced des
lthe two citend: ng physician wu.

iz 18

er nis tact dio he utter a word, |

1 Ao osmiul: nuniber of spectain:
| were presen. The, incluaed i
wfew reswusves af the murarte.
$ Man. privsicens the press anc a’-
"Qoers of tne low Wrinesses wr.
cwignes che death certificate werr
ylaw entorcemen: officers” ~~ .
f Goverme Frocing Lo Wr ar
came tc Ber Springs Feoruu::

i @ib anc hearc new ev IGENOe pre
duced by ae group of citizens wisn
Yhac talken with Newells wife
" Arnette, enc Newell cancerous
itestimons which had not beer.
;Proaucee at ine trial hei in «u-
y gust. 1949. and indicated the “un-
i written law” Newel) was screa-
fureag ou die Decemper 14. }s01
fbut Governor Wright grantea i
ystay cf execution to review th.
| recura.
{ A grouy: of prominent cic.
of Jasper: County trea tu get toc
jseitence cummuted to t:fe ims.
yonrmment, the Governor Ggecune 7%
yimervene again. permitiun, [th
law tc lake its course

Three minsters uttended Neo
el! in his last hours. A minsster 1.
Kewell's Own race anc two white i

ene tio er oer |

This is the first death sentence j
:carried out in Jasper County:
‘Siuee the hanging of Mose Jonnsun. .
' Negro. in 1914. Johnson wast con-|

vicled and. senienced tc death.
when be shot and killed Paynas- .
ter Fitzpatrick and wounded two’
men in @ robbers of the Gilchrist- |

Furduey paxrol! car.

r a Oc
ELL, K. C., black, 41, elec, Bay Springs, M3 2/15/1951
AN dint VE ‘9

we pat

State Negro‘
Dies For Murder

: Killed Landlord
In July, 1949 —

Bay Springs, Feb, 15 — A Negro
tenant farmer paid with his life
today for the murder of a Jasper
county white farmer.

K. C. Newell, middle-aged Negro,
went to the chair at 12:13. He was
Pronounced dead at 12:18.

He was convicted for the mur-
der of his landlord in July, 1949.

The negro claimed Sims was
killed following an argument in
Which he feared Sims was going
to attack him. Newel] Said he struck
first. State prosecutors maintained
robbery was the motive for the
Slaying.

Newell Originally was scheduled
to die Dec. 14 but was given a 60°
days stay of execution by Gov,

“Wright came
here last week to hold a clemency
hearing Sut decided against inter-

black, electrocuted Mississippi May 8

including the right of reproduction

in whole or in part in any form
Published by Simon and Schuster
Rockefeller Center, 630 Fifth Avenue

bole)

Grune and Stratton, Inc., and Dr. Helene Deutsch for material from The
SCI Psychology of Women, Vols. I & II, by Dr. Helene Deutsch; copyright 1944, 1945;
copyright renewed © 1971 by Helene Deutsch.

The Journal Press and W. H. Blanchard for material from ““The Group Process
m¢ in Gang Rape,” by W. H. Blanchard, from The Journal of Social Psychology, 1959, ~

49, 259-66.
Random House, Inc., for material from I Know Why the Caged Bird Sings by

V
New York, New York 10020
t Designed by Edith Fowler
L Manufactured in the United States of America "
repee'y cage 6 6: Fe. owe
\
5 Library of Congress Cataloging in Publication Data
- Brownmiller, Susan.
Against our will.
a Includes bibliographical references and index.
h 1. Rape. I. Title.
HV6558.B76 364.1'53 75-12705
a ISBN 0-671-22062-4
ti |
U
M The author gratefully acknowledges permission to reprint material from the follow-
ing sources: 4
Ol ABKCO Music, Inc., for material from “‘Midnight Rambler” by Mick Jagger and q
ra Keith Richard; copyright © 1969. All rights reserved. #
, Beacon Press for material from The Winter Soldier Investigation: An Inquiry +
1S] Into American War Crimes by the Vietnam Veterans Against the War, copyright Z
ul © 1972 by Vietnam Veterans Against the War, Inc. 3
The Belknap Press of Harvard University for material from Bracton on the 4
Laws and Customs of England, Vol. II, Samuel E. Thorne, translator and editor; i
int copyright © 1968 by the President and Fellows of Harvard College.

sn Saale onteles

242 | AGAINST OUR WILL

of Laurel, there was utterly no evidence of such a relationship.”

So to Time and Life, waging their cold war on the home front,
it was the Communists who killed McGee, and to the Daily
Worker it was a lustful white woman who suddenly cried rape.
There was little middle ground to hang on to in 1951.*

That year Carl Rowan, the distinguished black journalist,
former ambassador to Finland and one-time director of the United
States Information Agency, was a cub reporter on the Minneapolis
Tribune. He had asked for and received a very special assignment—
to return to his birthplace and write a series of articles on the
Southern way of life. One of the stops on Rowan’s itinerary, an
unplanned stop, he later recalled, was Laurel, Mississippi. The
McGee case had drawn him, for he was more than mildly curious
about the so-called “new evidence” hinted at during the third trial.
“Some of the things filtering out of Mississippi,” he later wrote,
“read like an episode from my youth in Tennessee.” (As a tecn-
ager in McMinnville, Rowan had once sneaked up on a buddy of
his and a local white girl who were making out in a secluded spot
down by the riverbank. When the gitl heard his footsteps she
screamed, “Get up! Stop, you black sonofabitch! Jesus, he’s raping
me!” Later the girl explained in tears, “I was afraid they’d kill me.
I thought they had come to kill me.”) To Rowan, “The overtones
of sex in its role as the dominant factor in Dixie Negro-white
relations were spelled out clearly in the case of Willie McGee,”
and further, “the whole ugly issue of Communism as it affects the
Negro’s fight for full equality was on review.”

Rowan got off the bus and played sleuth in the black section
of town. He interviewed some middle-class professionals and then,
disguised as a jobless loafer, he spoke with some folks in “a junky
café.” He found no shortage of black people willing to fill him in
on The Case. To Laurel’s black citizens Willie McGee was “a
fool.” “It was pretty much whispered around among Negroes that
McGee was going to get in trouble with that woman,” a teacher

* One exception was a short article written for The Nation by Mary Mostert,
a Southern social worker. She wrote: “Many questions are left unanswered
by both sides, but certainly there seems pitifully little evidence to warrant
taking a man’s life. Probably no one except those directly involved will ever
know the true story. . . . Of course in the minds of professional Southerners
there is no such thing as a voluntary sex relation between a Negro man and
a white woman—any relation at all, to them, is rape.”

ANNE re abba noaisteee

A QUESTION OF RACE | 243

told him. From someone else he heard about the note that was left
for McGee when he worked at the filling station. In the little café
someone who claimed he knew McGee “pretty well” said, “Yeah, I
knowed what was going on. I knowed that McGee told his wife he
been doing ’er wrong. He said the only way for him to straighten
up was to leave. So he went out west, supposedly to get away from
this woman.”

But Rowan had a journalist’s problem. No one he spoke with
was willing to be quoted and the men in the café, he learned, had
even given him false names. When it came to an interracial Tape
case and the fearsome charge of “playing ball with the Commies,”
one informant told him, “nobody wanted to get his fingers
burned.” Rowan didn’t file his story. He later wrote, “Even I took
the cowardly way out by sheltering my own fingers and proceeding
to forget that I ever visited Laurel.” A few weeks later Rosalee
McGee held her press conference in New York City and the young
black reporter learned that her story was substantially the same one
that he had dug up.

Rowan eventually did write about the McGee case, and with
great sensitivity to its lasting ambiguities. He included a chapter on
McGee in South of Freedom, a report on his year of travel. “Only
the craziest Negro,” Rowan wrote, “would walk into a white man’s
house and rape his wife while the white man slept in the next
room—unless he knew his way around in the pitch-black house,
and unless he had reason to believe that the white woman
wouldn’t cry out. And the one thing nobody had accused Willie

McGee of was insanity.” Yet on the other side of the “tiring, weird
befuddlement” was this:

The defense was wishy-washy. ‘The story of long-standing illicit
relations between McGee and the alleged victim appeared to be an
admission that the defendant might have been in bed with the
woman, but at her invitation. How did this square with Communist
contention that McGee was driving his truck in Hattiesburg, thirty
miles away, at the time of the attack? And how did cither of these
stories jibe with testimony of a woman defense witness that McGce
was with her at the time of the alleged attack? And why was McGee
silent all this time; why didn’t he tell his own story?

Almost twenty-five years have passed and Rowan’s questions
remain unanswered, but to Congresswoman Bella Abzug, who as a

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ease to fll ts coffers, thon Left othars tho expense of bury.
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SOUTIL OF FNETNOM

i It anamed to the Star thera twas a solld lesson for goods 1!
hearted poopla tn John Mortinggs story about how thet
Communtst party In Amarlea explolted the Willa McCoo |

hands, It’s. a. sad commentary of the state of the world, but
~ care must go along wlth charity If good-hearted people
aron't to help pay to get thalr own brains beaten out.

4 ‘
‘ ’ wha’

© As I remembered that day in Laurel, when nobody dared
give his name, and as I thought of the shabby strings of doubt
that cnshrouded the case, it appeared to me that there must be

ae deeper and ultimatcly more important Icsson than the old and te
fairly obvious one of Communist exploitation. Nobody seemed wack

to remember that the Communists magnified an issue because
a onesided application of the law gave them an issue to mag-
nify. This onesided judicial practice did not originate with the
Reds. Had Willie McGee been given a “white man’s sentence,”
the case might have dicd in the same obscurity that once en-
gulfed McGce, and the Communists would have had to work
much harder for their symbol. To me, the great tragedy is that
enemies of libe
who tie themselves into mental and physical knots berating

Communist exploiters. The Reds will find another Willie

McGce tomorrow and the next day so long as Amcricans fight -

McGees hard to find, j):t) sii fifth she tt ad

, ‘ . A , . ’
oa |
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over who “uses” these McGees rather than fight to make the - ui

must be laughing at American “patriots” ° .

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WTAPTER ATL

AN AMERICAN IN NEW ORLEANS

ie was with a great deal of hopo and expectation that I
rode into Louisiana. There was a delightfulness about the roll-
ing pine hills and the vast marshlands, spawning-place of
gigantic sugar crops, breeding place of myriad muskrats, This
was bayou country, home of sugar plantations, strawberry
crops, swect potatocs, cane syrup, and rice. This was whire
bluffs overhanging the Mississippi River gave way to a lush
delta region and a vast alluvial plain. This was the Pelican
State, rich in pirate lore and Spanish-French background. I

~ knew that it was a strange state, a state in which New Orlcans,

long touted as onc of the best citics in the South for the Negro,

_is perhaps as much an anomaly as is Atlanta to Gcorgia. New

Orleans is a new world compared with the northwestern part
of the state, where some of the most backward, bigoted people
of anywhere in the world live.

But I was not yet concerned with these people. I was con-
cerned with the Gulf metropolis, where the fetus of human [ree-

dom supposcdly lay in the womb of enlightened politics. I was

concerned with a'city famous for its Negro jazz-playcrs—jazz
born in the sad, dirgelike rhythms of the levee, This was a city
that had shown I 1050, T thought, that it preferred an honor:
ablo man to a bigot whon it clected do Lesseps S. Morrison as
mayor and rejected Alvin A, Cobb.

Cobb had made every known appeal to racial hatreds; he
tried every trick In the domagoguo’s book, and yet he lost.
Morrison had succeeded whero liberal candidates in North
Carolina and Florida fallod, in the faco of such appeals, and
I wantod to find out what Morrison thought It meant, Did It

238 | AGAINST OUR WILL

less black. The standard defense strategy for puncturing holes in a
Tape Case was (and is) an attempt to destroy the credibility of the
complaining witness by smearing her as mentally unbalanced, or as
sexually frustrated, or as an oversexed, promiscuous whore. In its
mass-protest campaigns to save the lives of convicted black Tapists,
the left employed all these tactics, and more, against white women
with a virulence that bordered on hate.

Most of the cases have since passed into oblivion, except in
the minds of readers of the old Daily Worker who are blessed with
total recall. Some, like the Martinsville Seven, executed by the
state of Virginia in February, 1951, for gang-raping a thirty-two-
year-old white woman, a Jehovah’s Witness who sold the Watch-
tower in the black part of town, barely broke through the sound
barrier of the left, perhaps because their case had no complexity to
it, little room for speculation, and the nation had yet to be sensi-
tized to the issue of capital punishment even when a state felled
seven with one blow. And perhaps because the left had been able
to make so little headway on the Martinsville case, vilification of

the white woman reached an all-time high. In a signed article
printed in the Worker for two days running while the Martinsville
Seven met their death, a writer put forward a series of feverish
questions:

Why did she change her story between the time of the alleged
“attack” and the preliminary hearing a month later?

Why did she say at first that she was “attacked” by 13 or 14
men and then later changed it to “12 or 13 times”?

Was it not a fact that she had been promised $5?

Was it not a fact that she accepted the offer?

Was it not a fact that she had dates in the past with one of the
men?

Why did she insist on leaving the hospital on the night of the
alleged “attack” after speaking with her husband?

Who came to visit her that night at her home?

What instructions did those visitors give her?

What promises of financial support were made, and by whom?

What organizations and individuals gave her money, and how
much?

What promises did she make in return for this money?

Questions like these were being asked all over town. The an-
swers to these questions would have exposed the frameup in this

A QUESTION OF RACE | 239

case. That’s why they weren’t asked. That’s why they were carefully
avoided .. .

“Questions like these” were a hodgepodge of innuendo, but they
fucled the Worker reader who thrived on conspiracy.

And then there was Willie McGee, the filling station atten-
dant and truck driver whose death in a portable electric chair
trundled for the occasion to the Laurel, Mississippi, courtroom
where he was first convicted made page one of The New York
Times for May 8, 1951, and the front page of newspapers through-
out the world.

McGee had three trials in all, and three convictions—two by
all-white, all-male juries and the third by an all-male jury of nine
whites and three blacks (as in Alabama, women were not per-
mitted to serve on Mississippi juries). According to the prosecu-
tion, in the early morning of November 2, 1945, while Willametta
Hawkins, the wife of a postal worker, lay asleep with her sick
child—her husband and two other children were sleeping in an
adjoining room—a black intruder stole into her bed, warning that
if she screamed or cried out he would cut her throat. Mrs. Hawkins
could not identify her rapist in the darkness except to say that he
had been drinking, but police investigation led to McGee within a
day. A grocery firm had reported that one of its trucks was missing
overnight along with driver Willie McGee and $15.85 of the com-
pany’s money; and a neighbor had noticed a grocery truck parked
near the Hawkins’ home at 4:30 a.m. McGee was picked up the
following afternoon. He turned in the company’s money, saying he
had not meant to keep it, and the larceny charge was dropped.
Instead he was charged with rape. A deputy sheriff extracted a
confession from him, a confession that McGee later repudiated by
saying he had been beaten and kept in a sweatbox until he cried
guilty.

In all three trials McGee never took the stand in his own
defense. His lawyers vainly claimed that he had been drinking in
Hattiesburg, thirty miles away, when the rape took place. The first
trial was a one-day affair in which the jury deliberated for two and a
half minutes while guardsmen kept an angry mob in the streets at
bay. The second trial, granted on a change-of-venuc appeal that a
fair trial for McGee had been impossible in Laurel, was conducted
in Hattiesburg with similar results. The third trial, granted on the

240 | AGAINST OUR WILL

appeal that black men had been kept off the jury, was held back in
Laurel. Circuit Judge Burkitt Collins, who presided at all three
trials, three times sentenced Willie McGee to death.

No white man had ever been executed for rape in Mississippi,
while McGee was the latest in a long row of condemned blacks.
On this basis—unequal treatment under the law—a national Save
Willie McGce campaign began to mount. McGee’s new lawyers,
hired by the Civil Rights Congress, had hinted at the third trial
that there was more to the McGee case than had been divulged in
court, and in March of 1951 Mrs. Rosalee McGee, McGee’s wife
and the mother of his four children, held an emotional press
conference in New York. Her husband was no drunken intruder
whom Mrs. Hawkins couldn’t identify in the dark, she told re-
porters; he was the victim of a frame-up. According to Rosalee
McGce, Willametta Hawkins knew Willie quite well—they'd
been having an on-and-off affair for years, an affair that Mrs. Haw-
kins had instigated and McGee had tried to break off.

As Mrs. McGec told it, the affair started back in 1942 before
her husband had gone into the Army when Mrs. Hawkins proposi-
tioned McGee by leaving a note for him in the nozzle of a gas hose
in the filling station where he worked. “Down South you tell a
woman like that ‘no’ and she'll cry rape anyway,” Rosalee McGee
explained. When McGee came out of the Army the following year
and returned to Laurel, the notes and the affair resumed, with
McGee as a most reluctant participant, according to his wife. Once
he had even gone out to California with the idea of settling there,
just to escape Mrs. Hawkins, she said, but he couldn’t find work
and had to come back. Rosalee McGee informed the press that she
had not spoken up and told this story in court “because the lynch
mob would’ve got me.” She concluded, “I don’t know what hap-
pened between Mrs. Hawkins and her husband. But after Willie
was picked up by the police that night, everybody in the block said
that they had a big argument and that he was chasing her right out
into the street at five o'clock in the morning. So she could save
herself from her husband, she figured she'll say she was raped.”

One of the few newspapers to report Mrs. McGee’s press
conference in full was the Daily Worker, which stoked the fire and
kept the McGee case on its front page for the next two months.
The Worker called Willametta Hawkins a Potiphar’s wife and
McGee became a modern-day Joseph, “a slave in the kingdom of

A QUESTION OF RACE | 241

jimcrow,” who had tried to run from Mrs. Hawkins’ clutches.
Worker reporters sent out to interview “the ordinary people” came
back with quotes like “I’ve always been skeptical about this rape
business” and “I’m convinced it is almost impossible to rape a
woman if she doesn’t really want it.” Inevitably, the rhetoric grew
bolder as the days grew shorter for Willie McGee. At the end of
March the Worker editorialized, “The woman who said McGee
‘raped’ her was known to the entire community as having had a
prolonged relationship with him . . . that she initiated and in-
sisted on continuing against the will of her victim.” The following
month Mrs. McGee told a rally, “If there was any raping done, it
was Mrs. Hawkins who raped my husband.”

The U.S. Supreme Court refused to consider Rosalee Mc-
Gee’s story as new evidence warranting another trial and shortly
after midnight on May 8, as one writer put it, the string ran out
after five and one-half years. Mrs. Hawkins’ husband, brother and
two brothers-in-law were among those who watched McGee’s exe-
cution. The following day the Worker let loose with one last blast:
“Willie McGee was murdered,” the paper editorialized on page
one, “because the white woman who had forced an illicit affair
upon him for more than four years suddenly shouted ‘rape’ after
the whole town discovered the story.”

To turn from the Worker’s coverage of the McGee case to
Time and Life is an object lesson in political schizophrenia. The
one and only story Life ran was printed after McGee’s execution
and was headlined, appropriately enough, “The End of Willie
McGee.” Its subtitle: “A Mississippi rapist with a slender chance
to escape death is ‘aided’ by the Reds and gets the chair.” Life
breathed not a word of Rosalee McGee’s version of the case, except
to remark obliquely that Mrs. McGee had been “taken over by the
Communists.” The burden of Life’s story was that “something
very unfortunate happened to Willie. His case fitted too well into
the strategy of the Communist International . . . which sought
to convince Chinese and Indians and Indonesians that capitalism
hates and tortures anyone who is not white.” Life seemed particu-
larly incensed that left-wing rhetoric had constantly called McGee
a World War II veteran. “He was never in the Armed Services,”
the magazine said flatly. Time magazine, which subtitled its story
“Justice & the Communists,” did refer to what it called the “new
and ugly accusation,” answering, “In the small (pop. 20,000) town

* &® @ &

244 | AGAINST OUR WILL

young labor lawyer directed McGee’s defense for the third and last
trial and presented his high-court appeals, the Willie McGee case
is a closed chapter in a life that has since been filled with more
successful battles.

Bella Abzug agrees today that the McGee case was filled with
ambiguities but the ambiguities are too far in the past for her to
want to sort out. “I placed my own investigators in town,” she told
me one afternoon in her office. “The affair between the two was
common knowledge among blacks and whites.” Then why hadn't
she put McGee or his wife on the stand? “No jury was going to
believe it. Challenging the word of a white woman just wasn’t
done. The strategy was to depend on a lack of concrete evidence.
Nobody believed you could win an interracial rape case in a South-
ern court. You could only win on appeal.”

“Do you think McGce was in the Hawkins’ house that night?”

“I don’t think he was there that night. I think she had to
entrap him to get out of the situation. We had lots of debates and
discussions over that.”

“Look, Bella,’ I ventured, “even from your point of view
McGee was a philanderer and Rosalee McGee knew it. It must
have been difficult for her to come to terms with her husband’s
long-standing affair with a white woman. Is that why, when she
finally did talk, she pictured her husband as an unwilling partici-
pant? [our years is a long time to be an unwilling participant in
any affair. If McGee wasn’t unwilling, he probably was in her
bedroom that night. Do you believe Willametta Hawkins simply
woke up in the middle of the night and started shouting that she’d
just been raped by an unknown black man, and that an accidental
chain of circumstances led the police to the very man with whom
she'd been having a clandestine affair?”

Abzug agreed that these were debatable questions, but insig-
nificant compared to the horror of McGee’s execution in what she
still terms “the Southern slavocracy.”

“Bella, do you believe today that Southern white women have
a history of crying rape?”

“T believe,” Abzug said heavily, “that the white woman was
always the pivot, the excuse. The black man was played off against
the white woman and the white woman was played off against the
black man, to keep both oppressed groups down.”

“You successfully raised the issue of the exclusion of blacks

A QUESTION OF RACE | 245

from McGee’s jury, why didn’t you raise the issue of the exclusion
of women?”

“I don’t think it ever came up. In those days we were never
consciously raising that issue.”

I understand Bella Abzug’s desire to leave forgotten, painful
history undisturbed, but the questions of journalists are seldom
compatible with the concerns of defense lawyers, who seek to leave
judge, jury and public with reasonable doubt. I would like to
believe that the defense of Willie McGee was based on truth, that
McGee and Mrs. Hawkins had been carrying on a secret liaison and
that perhaps Troy Hawkins had awakened that night to discover
the presence of a black man in the bed of his wife. I would also like
to believe that McGee fled in haste and that Willametta Hawkins
had no alternative but to say she had been raped.

Willametta Hawkins never wavered. She had been raped, she
said, but she could not identify her assailant. For this she was
vilified and harassed by leftists who smeared her in print as an
oversexed and vengeful white witch. Willie McGee, too, did not
waver. He kept his silence to the end. Perhaps he had come to a
philosophic acceptance of his fate for crossing the forbidden barrier
and encroaching on the white man’s property. Perhaps to him also
this encroachment bore the same gravity as rape.

It took the “wolf whistle” murder of Emmett Till to shock
the entire nation into seeing the Southern white man’s property
code for what it was. Amid a traceable pattern of retaliatory strikes,
death sentences and lynchings that went unpunished, the murder
of Till stands out in stark relief. Nothing in recent times can match
it for sheer outrageousness, for indefensible overkill with commu-
nity support. Old patterns die and new ones arise to take their
place. In the following decade a new movement for civil rights
forced the South to reorder its priorities and placed the battle to
preserve the old way of life on grounds apart from the white
womai’s body. The murder of Till, we can see now in retrospect,
came toward the end of a definable era. It was the landmark case of
white male retaliation for black male transgression. In a sense, it
broke the mold.

In August, 1955, a fisherman pulled the decomposed body of a
dead black boy out of the Tallahatchie River. The corpse bore signs
of a terrible beating and the face was mutilated beyond recogni-
tion. A ring on one finger led to a positive identification: Emmett

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0 apronda trol qorons dogyod raetal taboos, Thelra was not an
ee Ineradtbhla atory, not toon Noro who had come ra elo to

tragedy In MoMInnyilla one summor night Ina baptsnial area
on tho Barren Forks Alvor,
I left Laurel disgusted and unhappy. Amid such evident

| thinidity, I felt, only tho crazicst Negro would walk into a

whito man’s house and rape his wife while the white man slept

> $n the next room—unless he knew his way around in the pitch-

black house, and unless he had reason to belicve that tho
woman wouldn’t cry out. And the one thing nobody had ac-
cuscd Willie McGce of was insanity. The crecping fear that I
found still evident in Laurel made one other thing evident to
me: it mcant absolutely nothing to put Necgrocs on a jury
panel for the third trial. No Negro juror would dare hold out

against the majority of whites favoring conviction—not after |

whites had twice found McGce guilty; not in the face of public
yearning to sce McGce singed out of existence.

But there were other disgusting things about the McGee
case, The defense was wishy-washy. The story of long-standing
illicit relations between McGee and the alleged victim ap-
peared to be an admission that the defendant might have been
in bed with the woman, but at her invitation. How did this
square with Communist contention that McGce was driving
his truck in Hattiesburg, thirty miles away, at the time of the
attack? And how did either of these storics jibe with testimony
of a woman defensc-witness that McGce was with her at the
time of the alleged attack? And why was McGcc silent all this
time; why didn’t he tell his own story?

It was a Uring, weird befuddlement that I carried out of the »

little southeastern Mississippi community—nall because of a

“nobody” who was closo to death in a case surrounded by

enough doubt for it to drag out in the courts for more than
five years, Thera scomed so much unsaid, too little known truth,
for a man’s lifo to bo taken, even when tho man was a “no-
hody,” Ht roomed, also, that Thad turned np too Title known

truth to write a nowspnper articlor nobody would bo quotod, |

: to “tell everythin

Faye
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for nohady wanted to got hls Mayors burned, Myon 1 took the
cowardly way out by sholtortage ~ own Anyork and procaoding
to forgot Uhat 1 over visttod Laure

A few weoks lator, Lread Mrs, MeGoo's story, 1t was tho samo
story that Laurel Negroes told mo. Sho said sho had been ad-
vised to keep quict about tho alleged illicit relations, But
with McGce on tho brink of death, she ericd, she had decided
g.... I don’t want my husband to dic... .
If Willic gocs, he will be the third man in our family to get
killed by the lynchers.”

The Mississippi Supreme Court rejected the story of illicit
relations as a “revolting insinuation and plainly not sup-
ported,” and the Communist press Ict all barrels fly. The
March 15, 1951, Daily Worker printed, little more than a
month after my Laurel visit, almost everything that I had been
told in Laurel. It was practically a special edition devoted to
Willie McGee. Elizabeth Gurley Flynn, later scized in the
round-up of second-string Reds charged with plotting over-
throw of the United States government, detailed tho alleged
romance in her column. John Pittman took the “text” of his
column from the thirty-ninth chapter of Genesis, likening
the case of Willie McGee to that of Joseph and the wife of

_ Potiphar, captain of Pharaoh’s guard. In the biblical story,

Potiphar’s wife asked Joseph to lie with her, and when Joseph
refused she ripped off his garment. She then accused Joseph of
trying to force her to lie with him, contending that when she
cricd out Joseph fled, leaving his garment, The Communists
were telling the world what had been whispered in Laurel:

| _ Willic McGco was a twenticth-century Joseph.

Out of tho misty half-truths of tho Willic McGco case, ono
thing emerged crystal clear: tho Communists were reaping a
propaganda bonanza and American democracy was suffering in
the court of world opinion, The United States Embassy in
Groat Britain asked tho Stato Department to send Information
on tho caso with which it could countor “propaganda in the
London pross” ‘Tho Hmbnssy still was smarting andor tho ap-

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‘157 SOUTHERN 351. Clee») \

McKNIGHT, Obediah, black, hanved at Natchez, Mississippi, on December 12, 193k.

"Sam Nunnery, traveling sargeant for theMississippi State Penitentiary, arrived here
yesterday with an order from the Mississippi Supreme Court for Obediah McKnight to

be taken to the penitentiary to serve a life sentence, ‘Are you sure that you want
Obediah McKnight?! asked Scheriff C. M. Roberts, ‘'Yes,' was the anser of Sergeant
Nunnery. '"ell,' said Sheriff Roberts, 'I will gladly show you where you can get

him, only you will have to bring a spade as he is dead and buried, For a short time
Sergeant Nunnery seemed completely nonplused but then said: 'I have been out on my wild
goose chases in my time, but never like this.! Obediah McKnight was hanged here on
Dece 12, 1934, for the murder of his wife, Mattie McKnight, after the Supreme Court had
heard an appeal from the Circyaét Court here and fixed the date for the hanging of
McKnight. McKnight was hanged here only after the mandate from the Supreme Court had
been received," NATCHEZ DEMOCRAT, Nathez, Mississippi, January 6, 1935 (3/l.)

"Obediah McKnight, negro, calmly stood on the trap of the scaffold in the county jail
and denied that he had murdered anyone but his wife, Mattye McKnight, when he was
questioned about the death of a negro boy in the Pine Ridge district some time since,
After spending the night with a minister of the gospel of his race, Obediah McKnight
offe red no objection to being placed in the straight-jacket shortly before ten o'clock
yesterday morning. Promptly at ten o'clock McKnight was taken out of the death cell
and started on his walk to the scaffold, At three minutes after ten o'clock the trap
was sprung and twelve minutes later he was pronounced dead by the attenidng physician,
number of officials and some citizens were witnesses of the hanging - which is the second
in this county during the present month, Phil Williams was hanged on the eixth of the
month for the murder of his wife and father-in-law." NATCHEZ DEMOCRAT, Natchez, Misse,

Dece 13, 193 (2-3)

"Obediah McKnight, middle-aged negro, will go to the gallows in the Adams County Jail
sometime today between ten o'clock this morning and four this afternoon, He will be
hanged for the murder of his wife, Mattye McKnight. The negro, who has been in the
county jail here since his conviction at the March term of court, has been very calm
and has been visited by ministers of his race from time to time, After McKnight was
convicted, the case was appealed to the Mississippi Supreme Court, which recently
affirmed the case and set the 12gh of December ds the date for the hanging. The
court also specified that he should be hung between ten in the morning and four in
the afternoon, During the past week, Attorneys Oliver Hornsby and James Hughes Keyer,
staged a Last-minute battle to have McKnight declared insane and on this fact to get
a stay of execution, Two physicians examined the negro but both stated that they found
McKnight to be sane and thus the final effort to keep Obediah McKnight from hanging
today failed," NATCHEZ DEMOCRAT, Natchez, Mississippi, Dec. 1, 193 (2236)

"OQbediah McKnight, negro, will be hanged on Wednesday. for the murder of his wife,
Mattye McKnight, who he killed with a shotgun after she had left him..." NATCHEZ

DEMOCRAT, Natchez, Misse, Dece 11, 193) (2/5-)

"Jackson, Mississippi, Nove 5, 193l-...The (Mississippi) high court shut the door on
contentions of Obediah McKnight that he was entitled to a new trial for the shotgun
murder @LXMXKXHXX on January 12, 193, of his wife Mattie, in Adams QMUHKEXXX Countyec.
McKnight, who went home and 'slept peacefully! after the killing of his wife, #HaHs
whom he described as 'rebellious,' based his appeal on an insanity plea."

NATCHEZ DEMOCRAT, Natchex, MS, Nove 6, 193) (1:22)

PARKER, Elijah, black, 23, electrocuted Jackson, Mississippi, on 2-9-19l.

"MADISON NEGRO FACES DEATH WEDNESDAY. = TO DIE FOR SLAYING OF CANTON FARMER, = Elijah Pare
ker, 23-year-old Madison county negro, will face the pay-off here sometime Wednesday. He
will pay with his life for his part in the brutal slaying of T. H. Gober, well-known Madi-
son county farmer, in the early morning hours of July 23, 1942. Nearly two years have
lapsed since Parker and two other teen-age negroes admittedly entered the farmer's home
early one morning, clubbed him to death, robbed him.of $)0 and dumped his body into a
nearby well, During the time since the incident occurred, Parker has had the benefit of
every legal right that can be had by a citizen of this country. Although the incident
oc€urred in Madison county, a change of venue brought the case before the circuit court

of Hinds county. A 12-man Hinds county jury found Parker and the other two negroes

guilty ARXMMeMARY XXAHARAXASR, Judge Peptha F, Barbour, then circuit judge, sentenced Pare
ker to die in the electric chair on January 8, 1943, and the other two negroes to life im-
prisonment. The negroes then filed pauper's oaths and the case was appealed to the State
Supreme Court, delaying the time set for electrocution of Parker, The S,ate Supreme Court
affirmed the Hinds circuit court judgment and for a second time Parker was scheduled to
die July 1, 1943. In the meantime one of the teen-age negroes died while being held at
Parchman. After the State Supreme Court's action, Parker's case was appealed to the high-
est court in the land, the United States Supreme Court, which body declined to hear the
case, The case was then returned to the state supreme court and Parker, for a third time,
was sentenced to die on Febe 9, 194. On, December 5, 192, Parker was named as one of

the several negroes who attacked Jailer E. H. Currie in an attempted jailbreak from the
Hinds county JaX mob-proof jail here. Now it is only a,matter of hours before Parker is
seheduled to go to the chair here, When the slaying occurred, the two younger negroes were
picked up for questioning in Madison county and Parker was apprehended by A. EH. B¥#NX Crawe-
ford, the chief criminal deputy in Hinds county, here in Jackson, . Crawford later ob-
tained confessions from the three negroes," CIARION@-LEDGER, Jackson, MS, Febe 6, 19h)

(16=36)

"PARKER DIES H RE IN ELECTRIC CHAIR, = THE WAGES OF SIN IS DEATH, - With the final words,
'Yes, Father," plainly visible-on his lips, Elijah Parker, 23-year-old Madison County
negro, died in the state's portable electric chair at 12:27 this morning for his part in
the slaying of T. Henry Gober over a year and a half ago. The negro was led to the chair
by Deputy Sheriffs J. T. Naugher and Bob Stone, and as he entered the basement where the
electrocution took place he clasped a Catholic prayer book tightly between his hand-cuffed
hands. His pearly white teeth shone brilliantly behind a faint grin as he sat down in the
chair, and he watched intently as officials strapped him securely in the chair. Just be-
fore his left arm was strapped.to the chair, he handed the prayer book to Father Mathis.
Father Mathis uttered a short prayer and then leaned over close to the negro and said, "be
sorry for your sinss' to which the negro replied, '¥es, Father.' .These were his last wordse
"SWITCH THROWN, = Seconds later the state's official electocutioner, C. W. Watson, threw
the switch that shoty2,300 volts of electricity through the negro's body, The chair gave a
quick lurch and the strap holding Parker's left leg to the chair broke loose, and his fists
clenched tightly, Fifty-five seconds later, Dre Se Je Hooper stepped forward, held a
stethescope to the negro's hear wid shook his Head indicating that the negro was not dead,
Secons later more voltage was snet through the negro's body and then Dr. Cecil Walley
stepped up and examined the negro and indicated that he was still not dead, Dr. Hooper then
examined him and pronounced him dead, Sheriff Le Me (John) Gordon read the death warrant
to the negro in the jail before he was brought down to the basement. Yfficials said that
the negro remained calm until the last and offered no struggle as he was led to his deathe
"SPECTAT ORS LOOK ON. = Some several dozen spectators watched what was the first electro=

cution to be held in Hinds County, Elijah Parker became the twentieth person to die (the
first in Jackson) an the state's portable electric chair since that method of electrocution
was first installed in Mississippi several years ago, Fifteen persons died in the chair
while Jimmy Thompson served as official electrocutioner, and five have met death since Co
w, Watson has been electrocutioner. Although the sheriff of Hinds county is the official
custodian of the chair, Parker became the first person to die in it in Hinds countye

Parker was convicted in November, 192, by a Hinds county jury for his part in the
bludgeon-slaying of T. Henry Gober, well-known Madison county farmer, Shen ee

23, 1912, and was subsequently sentenced to death in the state's protable
eee oat = tat Jeptha F, Barbour, then circuit dodge. Two ees ees of
Parker were tried at the same time and sentenced to life imprisonment in the sta
e one died at Parchman, The Hinds county judgment was

affirmed by the S,ate Supreme Court when an appeal was taken to that body, ‘and later when

the case was carried to-the U. S. Supreme Court that body declined to hear it. The case
was returned to the State Suprane Court and the date of execution was reset for February
9, today. Elijahtsz Parker's las request was to have the following song words secieioreteial
. "LET MY LAST DAY BE MY BEST. . -
| . (Chorus)

"Lord, let . ny last day be my best.

Lord, let my last day be my best, ~

And I know, good Lord, .

You will do the .reste

"If I was dying without Jesus

On my side it would be miserable
- To think about the.death I died.
"But I have found Jesus '
And now I am satisfied.
Going to work right on,
Until the day I die.

"when I am dying} friends and relatives
Standing at my bedside crying then
Lord let my last day.be my best."

CLARION-LEDGER, Jackson, Mississippi, February 9, 19h (1:6.) -

“NEGRO REMAINS CALM AS DEATH HOUR NEARS,:= PRIEST PAYS VISIT TO ELIJAH PARKER, = Elijah
Parker, 23«year-old negro, .will will die here sometime Wednesday in the electric chair,

rem ains calm. and undisturbed in his cell in the Hinds county jail as the seconds on his
life tick away. The negro will be electrocuted in the state's portable electric chair

at an unannofinced time wednesday for his part in the slaying of T. H. Gobek, Madison county
farmer, nearly two years-ago, A Catholic pries$, Father Mathis, paid a visit to Parker
yesterday afternoon and talked to him s ome 15 or 20 minutes, during which time hkhe negro
laughed and talked leisurely. When asked by the Father how he felt about the matter, the
negro grinned and said, 'I still got Jesus on my side,' He added that nothing was HHREKINE
KikX worrying him, (Elijah, the time is getting short,' Father Mathis said. ‘Father, the
time ain't getting short, It's done got short,' the negro replied, grinning as his pearly
white teeth glistened in the darkness of the cell, Agein when EFhé Father asked the negro
if-anything was worrying him, the reply was, 'I got Jesus in my soul.' Asked by Father M&
KUXX Mathis if there was anything: that could be.done for him, the negro said, 'Just keep
praying for mee& 'I'm innocent,’ Parker saidwhen asked if he WRA YA XA MAAK XWEX HA AX ahi »
“realized what he had done. ‘He added.that he hadn't done anything wrong, When Father
Mathis walked up to the.cell, Parker and four other negroes in the cell were sining a
negro spiritual. They continued to sing until the spiritual was finished and then Par-
ker eumee from:a cot where he was sitting and walked to the cell baks and spoke to Father
Mathis." CLARION_LEDGER, Jackson, Mississippi, .February 8, 19)) (9/788)

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620 Miss. 13 SOUTHERN REPORTER, 24 SERIES

out the mandate of the Legislature to take jointly indicted in Madison County for the
Over, construct and maintain Highway 90 murder of T. H. Gober. The venue was
as a primary road across the State. changed to THinds County, where they were

Case No. 35,286 is affirmed; Case No, jointly tried and convicted, Parker being
35,289 is reversed and remanded, sentenced to death, and the two Lewises to

life imprisonment in the state penitentiary,
All of them appealed, but Walter James

w Lewis died after the appeal was taken.

; When the crime was committed, and

when the case was tried in the court below,
the two Lewises were both under 18 years
of age, George being 16 years old. A mo-
PARKER et al. v. STATE. tion was made by their counsel in the court
No. 35387. below to dismiss the prosecution as to them,
and to commit them to the juvenile court
Supreme Court of Mississippi. of Madison County, where they lived.
May 24, 1943, This ruling of the court is assigned for
error by counsel for George Lewis. His

I. Infants €>68

Rss : contention that he is a delinquent with-
_The dismissal of felony prosecution in the meaning of section 9 of chapter
against a minor under 18 years of age, and 300, Laws 1940, which established our juve-

ee of —s to the arene nile courts, is correct. But his contention
court rests in the sound discretion of the that because thereof the court below erred
trial judge subject to review only for abuse jn trying and punishing him on this in-
of discretion. Laws 1940, c. 300, §§ 9, 20. dictment is negatived by section 20 of the
2, Infante e>08 Statute, which provides that, ‘Whenever
Trial court did not abuse its discretion - <gve pt taped ad cesninal eamek eh
in refusing to dismiss prosecution of 16 2g pat ta aa age os, apron
year old boy for murder and commit him to ‘ina = pe Rivage 3 eh - ee ities 2 tt
inc juvenile court. Laws 1940, c. 300, gg Uncet eighteen years of age, such court
9 20, s all have authority to order such prose-
, cution dismissed and to order such child to
3. Criminal law @>531(3) be committed to the juvenile court for such
Conflicting evidence as to the voluntary action and disposition as said juvenile court
character of confessions made by each of May think proper in the premises,”
three defendants charged with murder

aes ee : [1,2] Under this section the dismissal of
warranted admission in evidence of the con-

peel such a prosecution, and the committal of the
essions. defendant therein to the juvenile court rests
Soe in the sound discretion of the trial judge

In Bane. ae

subject only to review for abuse thereof,
Appeal from Circuit Court, Hinds Coun- and such does not appear here.
ty; J. F. Barbour, Judge.
Elijah Parker, Walter James Lewis and co
George Lewis were jointly tried and con-
victed of murder and they appeal. Walter was assassinated by them, without which

James Lewis died after appeal was taken. the evidence is insufficient to connect them
Affirmed, therewith.

The only other error assigned is that the
urt below erred in admitting a confession
made by each of the defendants that Gober

H. T. Huber, F. S. Dunning, and Jack
M. Greaves, all of Canton, and Ross R.
Barnett, C. B. Snow, and Forrest B. Jack-
son, all of Jackson, for appellant.

Greck L. Rice, Atty. Gen., and R. O,
Arrington, Asst. Atty. Gen., for appellee.

[3] The evidence for the state discloses
that these confessions were freely and
voluntarily made; but that of the appellants
is to the effect that they were coerced. The
trial judge accepted the state’s version of
the matter, and nothing appears in the evi-

dence to warrant us in holding that he erred
in so doing.

Affirmed, Elijah Parker’s death sentence
were to be executed on Thursday, July 1, 1943.

SMITH, Chief Justice.

The appellants, Elijah Parker, Walter
James Lewis and George Lewis,

9
FRY v. STATE Miss. 621
13 So.2d 621
those cases that the charge of malice es
Y v. STATE indispensable. Those decisions have no
FRY v. °

: ri Z case.
ing to do with a rape
No. 35207.

[2] Appellant contends that the court
Supreme Court of Mississippl, Division B. erred in overruling his motion for psi:
May 10, 1943. trial, based on ee sy Fe?
ment by the District Attorney. {
pera irre in- counsel presented to the trial judge a special
An indictment for rape was not oe bill of exceptions, setting out, in substance,
valid for failure to charge malice. Code that the District Attorney, in his pce
es tee argument to the oe goer = res
i the appellant to testify
Criminal law €=1171(5) failure of e app ss nas ac eae
cds i d se. The trial judge re
cui edaig steering ate aaaer ts pct 1 bill of exceptions on the ground
to testify was harmless error where a Mey iE Se cael Be te
i i i 1 “s ~~ . .
was no substantial conflict in evidence a aS a ae gag aoe
ccinegicedermwes : Attorney. Thereupon counsel had ; two
: ie
4 members of the pia ges aan =
ceptions under authority A
Appeal from Circuit Court, Forrest Coun- Code of 1930. The State then wee
ty; F. B. Collins, Judge. the affidavits of all twelve of mer aiid: ra
Wilbur Thomas Fry was convicted of the District shinies Fag on hog edie
torney denying that the Dis ve
sna — inde Baw sald argument to the jury. We
— f do not pass on the question of graces
tiesburg, for ial bill of. exceptions signe
D. W. Holmes, of Hat ie Oe a ape
i n be con-
appellant. 0 by attorneys, as this was, Soe ee
Greek L. Rice, Atty. ae and we » tradicted in that manner. Be ewe i
i appeice we proce
that it cz hee : :
ANDERSON, Presiding Justice. by the District Attorney in this geen
F i as charged parml error, for the reason, as stated,
egowemania’ paper nat The pe aaa no substantial conflict a the
and convicted o f rape. : compe ine 1s hase
: . t at life imprison- .vidence as to the gui
jury fixed nea arn Fahy Peele =e ee sien ek
he gga pep lant ticycle shed back of the Walthall Public
Sra ag Soc apart eat paras ‘Cit f Hattiesburg. The
' i i ity o atties .
rosecutes this appeal. School in the y or
P 2 Nant 1 testified that Fry rap
Se te aah tee ro wc nie oi emen “cruising the city” caught the
. -year-old girl, Bon polic g irsce
raped a seventeen-year : : oe es ne oe
<i ter be shown, appellant in 4
Grace Bufkin. As will herea I Desa a teacaatice
che charge was proven without ye on oe. eT stale get
i ict i idence; for that witnesse ect
stantial conflict in the evid ghey: paper sali
reason we start out by stating that he was athe OE ine Fen tebe
en: re 1, th ellant voluntarily admitted
i ded that the indictment the trial, the Sear che icnaek io sack
[1] It is contende Hed to charge that his guilt to an officer digas yo pea
was void, because it faile en ne po ee The ofily-ather ¢ idence in the
the rape was maliciously oo, sasua case of any importance was eas
i merit in this contention. The indict hysicians, all of whom had examined the
is no I phy i
ment was drawn under Section pee Pe va girl after the rape. bet Sak
Code of ge a om a eae 144 Miss. their opinions that she ay a cane 6
i ae : : ave a
re a te So. 206, the court the other one g
634, at page 639, 110_ oO. » tt the had. }
upheld an indictment in substantially ne I Hotine wi State, 121 tak 436, 83
eras yee a no ag So. 611, the court held that where on a
ps gli cice bse rity 20107 eigen ae for murder the guilt of the defendant
ee ae te peor soared was manifest from the evidence and the
snaies Siesre Bes. | 2 ee ee be homi- jury under their oaths could not have ar-
ease acy: ope Th goa ld i rived at any other verdict than that of
cide and arson cases. The court held in J

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Metadata

Containers:: Box 21 (2-Documentation of Executions), Folder 1
Resource Type:: Document
Description:: Willie Mcgee executed on 1951-05-08 in Mississippi (MS)
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: June 30, 2019

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