Alabama, executions recorded in county histories, 1941-1984, Undated

The Late John Ship Hawell, an eye witness, related to us this occurence,
He died in 1918, Mr, Hawell, by=the-way, was on the jury that convicted and
(had) Legak execution of Aaron Rich in 1869, and Shewman Arp, March 10th 1893,
Cherokees three (7?) Legal executions.

I realize this newspaper article is a bit garbled, but I have copied it
as written (except for a few misspelled words), If you would like me to do
so, I will check the courthouse newspapers to see if there are papers for
1893 on file there,

The Aaron Rich execution was for the murder of a Williams family in 1866
at Bogan's Ferry on the Chattooga River near Cedar Bluff, The account as
published in the CHEROKEE ADVERTISER, Centre, Cherokee County, Alabama, a
newspaper, on Friday, October 19, 1866, is given in CHEROKEE COUNTY HERITAGE,
Volume IV, No. 2, April 1975, This is the quarterly publication of the
Cherokee County Historical Society, Inc, and copies are available at $2,00
each from the Society, The only additional information that I have found
on this case is that Aaron Rich was executed - I have not been able to find
any details on the trial due to the lost of Cherokee County, Alabama records
in 1882,

I hope that this will be of some help to you,
Sincerely yours,
(LA COM

Cathrine C, Mann
(Mrs, Robert N, Mann)

PL Hw et AVA gle

Si i a al ic i alts

13 Chambers County Day Book, I, 76.
14 Ibid.

15 Richards, “Reminiscences,” 422; Newman, “‘A Historical Sketch,” 448,
16 Sun, January 24, 1934.

17 Day Book I, 76.

18 Richards, “Reminiscences,” 428-429.

19 Walter B. Wood, Jr., “Reminiscences of LaFayette and Chambers County,” LaFay-
ette Sun, April 20, 1949. (Hereafter cited Wood, “Reminiscences”’).

20 Richards, “Reminiscences,” 429,
21 Sun, October 26, 1898.

22 Ibid.
23 Richards, “‘Reminiscences,” 429.
24 Day Book, I, 5-6.

25 Marie Bankhead Owen, The Story o

f Alabama, (New York, 1949), I, 384. (Hereafter
cited Owen, The Story of Alabama).

26 Wood, “Reminiscences,” Sun, April 20, September 7 , 1949.
27 Owen, The Story of Alabama, I, 384.

28 Richards, “Reminiscences,” 430-31.

29 Ibid., 430.

30 ‘Chambers County Deed Record, I, 45, 64.

31 Richards, “‘Reminiscences,” 430.

32 Ibid., 429-430.

33 Chambers County Commissioners Court Record, I, 7.

34 Richards, ““Reminiscences,” 430.

10


and hanged, the execution taking place where the Farmers’ Warehouse now stands.'® An
interesting sidelight on the case is that the court appointed men to serve as guards for the
condemned man “‘for want of a sufficient jail” and paid them at the rate of two dollars
each for twenty-four hours service or one dollar for twelve hours. '”

Even while the lots were being surveyed settlers began to move to the new town.
The first of these was John Atkins, a carpenter, who came from West Point, Georgia, in
August, 1833."® His home, a log house with a puncheon floor, was built on a lot just east
of the Farmers’ Warehouse. In a short time three other men had built houses and moved
their families to the town. W. H. House erected a dwelling on a lot just north of the
present Charles Schuessler home.'? Henry T. Dawson, who came from Georgia, built a
house opposite that of Atkins on the present site of the John Henderson home. The

location of the home of the third, Judge Thompson, is unknown. These four men and >

their families were the only residents of the town before the sale of the lots in October,
1833.7

When the surveyor had completed his work the remaining lots were sold at a public
auction which was held October 23, 1833, on the site of the present Baptist church. The
county officials had given the auction a great deal of publicity beforehand. A large crowd
attended, having been attracted by the promise of a free dinner and free drinks. A barrel
of good whiskey was set up with a row of nails driven in the top from which hung tin
cups. After dinner the prospective buyers were in a mellow mood from the effects of such
hospitality and the auctioneer, aided by promoters who skillfully augmented the bids,
sold the lots at handsome prices. “Some of those present, when they had sobered up at
home... were surprised to find deeds in their pockets of which they had no recollec-
tions, which said deeds contained staggering considerations.” 7' Enough money was real-
ized from the sale to pay for the building of a permanent court house in 1835 and a jail.
It is said that this was the only court house in the state which was built without a cent of
taxation. 2?

In the months following the auction the building of the town went forward rapidly.
A sawmill on a small creek four miles west of town furnished the builders with sawed
lumber for floors and doors but most of the first houses were built of logs. All of the
county officers built houses there and many lawyers, physicians, and merchants came to
LaFayette. 28 Presumably the route of new settlers was no longer limited to Chapman’s
Trail for the Commissioners Court had appointed juries in the summer of 1833 to view
and mark out roads from the court house to various points. 24

The town was first called Chambersville but was soon named LaFayette in honor of
the French general. It was first incorporated on January 7, 1835, the act referring to the
fact that it had previously been known as Chambersville. This act named the managers of
this first municipal election. These were James Livingston, Stephen Daniel, William R.
Creighton and Charles McLemore. 2° The post office was established July 24, 1833, and
was known as Chambers C. H., Chambers County, Alabama. The initials stood for Court
House. It was changed in 1875 to LaFayette C. H. and finally to LaFayette in 1894.
Judge James Thompson was the postmaster for the first five years. 26 Mail was carried by
a rider on horseback from LaFayette to Rockford, Ashville, Wedowee, Jacksonville,
Fredonia and Cusseta in Alabama and to Columbus and Troup County in Georgia. 2”

5

gee

CHEROKEE COUNTY HISTORICAL SOCIETY, INC.

eM ORGANIZED 1958 (A NON-PROFIT ORGANIZATION)

P. O. BOX 57
CEDAR BLUFF, ALABAMA 35959

June 20, 1977

Kote t rg VL
Mr, Watt Espy, Jr,

P,. O. Box 67 ; -
Headland, Alabama 36345

Dear Mr. Espy: 7770 748 poe aN se Ea

In reply to your letter of April 2, 1977 which requested information on
legal executions in Cherokee County, Alabama, I am afraid that I do not have
too much helpful information,

However, I do find the following clipping which appeared in THE COOSA
RIVER NEWS, Centre, Alabama, Friday, March 15, 1940, This may prove of some
help to you, The article follows:

HOW ANDERSON ESCAPED GALLOWS
Mn, T. H. Shropshine,
THE COOSA RIVER NEWS,
Centre, Alabama,
Dear Ma. Shropshire:

While in Florida, with the "Believe It Or Not" program, I understand you
told our Mt. Speer a "bekieve it or not" story concerning a man who was prayed
fom a Scaffold, Would you be kind enough to give us the complete story of
this incident and also advise me as to whether on not the people involved are
SKiLL alive and, if 450, where may they be contacted,

T shake very much appreciate your further cooperation in this matter and
I want to thank you again for bringing the story to our attention,

Sincerely yours,
Douglas F, Stoner,
New York, March 6, 1940, Radio. Rockefeller Center,

Sometime betwixt 1840 and '44 a man by name of Anderson was sentenced to
drop through a gatlows at Jefferson (name changed to) Cedar Bluff, Maj, Thomas
B. Cooper, his Lawyer, cautioned his ward to obey him (Cooper) to the Last,
(Stage coaches were rapid transit then.) Major had a horseman posted far enough
doun the Bkue Pond road to observe his jestures,

When Sheriff Staklings had adjusted the noose, as was his duty, he asked
the condemned 4% he had anything to say befone his exit, He wanted Major Cooper
to Speak for him. Cooper explained that Alabama Law exacted that Legal exe-
cutions MUST occur at 12 noon on Stipulated Friday, Every man's watch must agree,
Then he was Looking for a reprieve from the Governor; he had a courtier stationed
to meet the stage who was to arrive any minute, Meanwhile the nesult "will be
on your own heads if pardon arrives with the drop," Onatonr saw a new appearance
-- horseman waving a paper in his hand, (It was then 12:05,)

Upon arrival, horseman was asked if he had a pardon, He came to see the
execution, While Cooper explained that his client was Legally dead, Friends
kicked Anderson down the ways and told him to nun for his Life, He swam across
Coosa above the old ferry, and is perhaps yet digging dirt -- if he has survived
120 years.


3428 Darlene Circle
Huntsville, Alabama 35810
April 28, 1979

Dear Mr. Espy:

Your research on capital punishment should be very interesting

and I hope that it is strictly historical in nature with no
political overtures.

In regards to the. information in my book, you are welcome
to use it. I do not have any more authenticated information on
the two early convictions in Covington County. I have seen a
news paper article on the Hosea Holly case, but it was based on
legend and it contains numerous errors. I was unable to establish
whether the two slaves convicted by John Burgin were sentenced
to death or to a prison term. I could not find an appropriation in
the Legislative Acts where a sheriff was paid for the execution
of these men. As you are probably aware all the court records in
Covington County prior to 1896 were destroyed by court house fires.
If you are able to find additional information on these two cases
I would certainly be interested in it.

I am also familiar with the other two cases mentioned in your
letter. I am currently in the process of compiling a history of
Covington County for the period, 1871 through 1921, and I plan
to include the Jesse Jackson case in the book. I have no court
records on the case but it was well publicized when it occurred,
in the Covington Times, and copies of these news papers are available
at the Alabama Archives. I can remember the case of Desmond Miles;

I was a senior in high school when it occurred, and I knew a first
cousin of Miles who was a minister,and he witnessed the execution.

I do not know of any other cases of legal executions in
Covington County. There were numerous murders which occurred in the
county between 1871 and 1921, and there were a number of murder
trials and convictions, but I have not yet found any information
to show that any of those convicted, were executed. I also know
of six cases of mob violence in the county between 1900 and 1920
including Negro men accused of raping white women. This resulted
in three lynchings, and in the other three cases the men were shot |
and killed.

If you find any other cases of legal executions from Covington

County, I would be interested in them, and if I find any more
information, I will let you know.

Wales Depa dl

Wyle¥ D. ward

shot or cut in fights and at least two, Bob Miller and Rube Carter, were
killed from ambush. Many people went around fully armed at night.

Bob Miller and Rube Carter, along with “Hog” Miller, were returning |
home along the Holly Pond road from Cullman where they had attended the
trial of Rube Carter for shooting a neighbor’s dog. (Carter had pleaded
guilty.) Suddenly, two men opened fire with shotguns. Bob Miller was
shot in the back and Carter in the face. Both young men died instantly.

K “Hog” Miller was quoted as saying he recognized one of the men. A
The sta search for the suspects was begun immediately by Sheriff Yearwood and his
her S7th am deputies. One of the four men arrested was released for lack of evidence.
out of portic Three others, including a father and son, were indicted. One was sentenced
Counties to. to life imprisonment. :
January 187, |
area acquire According to newspaper accounts, the chain of events had been touched
ty, the roots off by a Holly Pond man who found his still cut up and set about to get
ments had a revenge on the man whom he suspected was responsible. Rube Carter’s
the creck Bis” 5 father had been shot in an assassination attempt the previous January. A
to hesoure § few days before the double murder “Little Joe” Bright had been shot from
As carl ambush and it was this shooting that brought things to a head.
gambling or
Basin, engit It was said that bad blood between the parties involved dated back to
the west ba the mob lynching of Monroe Evans and his son John at Baileyton in 1891.
Warrior, Ai Wildcat distilling, bootlegging, adultery, arrest warrants and internal revenue

epidemic s

pioneer dirt
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(Continu

investigations also played a part.?9

More than 185 wildcat stills were seized and destroyed during the six-
year period between 1914-20. Court records also show that several people
were arrested for playing poker, playing cards on Sunday, gambling, and
staging cock fights. An eleven-year-old boy was arrested for bootlegging.

Cullman County’s first and only legal hanging for a crime took place
on September 25, 1914, when George James was executed for the murder of
Enoch Claiburne.

The motive for the murder is believed to have stemmed from James’
request that Claiburne fire a negro man he had hired to live in his tenant
house and help with farm work. Claiburne, who lived near Holly Pond, re-
fused. James slipped up to a window one night in January 1913 and shot
Claiburne as he sat reading the Bible.2" According to several people, another
man confessed to the murder on his death bed.

The year 1914 also witnessed the closing of the National German Bank
which had been founded some twenty years earlier with Col. Johann G. Cull-
mann as one of the first officers.

The failure came following the discovery of a $42,000 shortage on
September 12. The bank records showed an excess of $242,000, with de-
posits of $138,000 and certificates outstanding $102,000. Bank examiners
found $166,000 in deposits.

Two months earlier, the cashier, had gone to Germany. Rumors began

flying that he was $35,000 short when he left.

Assistant cashier, Joe Kramer was arrested for embezzlement and re-
ceiving deposits when the bank was insolvent. He was indicted on these

38


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Cl

Chapter XX

A BLACK DAY AT BAILEYTON
On Thursday, August 13, 1891, Justice of the Peace J. Matt Heaton

arrested 21-year-old John Evans on a warrant sworn out by Pierce Mooney.
He was placed in jail at the Alliance Store at Baileyton and guards posted.
The following day, his father, Monroe Evans, was arrested and placed in jail
with his son. On Saturday, an angry mob overpowered the guards, removed
the prisoners from the jail and hung them on a tree limb.

The following stories are ‘reprinted verbatim from accounts published
in the Alabama Tribune at the time of the crime.

The Hanging Of
W. M. and John Evans
At Baileyton, August 15

Wm. Monroe Evans and his son John Evans were citizens of Morgan
County near the Cullman line. They were men not held in high esteem by
many of the best citizens of their neighborhood. By many they were con-
sidered dissolute and dangerous. Of late, several crimes have been com-
mitted in the neighborhood, which from circumstances and threats, have been
laid at their door. About the first of June, one Pierce Mooney while at work
at home, was shot from ambush and dangerously wounded. Other parties at
whom the Evans’ had a grudge have been shot at and they were suspicioned
of doing the shooting. Many expressed themselves as being afraid of being

ambushed and killed.

On last Thursday, John Evans was arrested on a warrant sworn out be-
fore Justice Heaton for the shooting of Mooney, who lives in this county. He
was carried to Baileyton for trial. From some cause, satisfactory to the
Justice, the trial was postponed until Monday. In the meantime, Monroe
Evans went over to Baileyton to see and assist his son in his trial. Before
getting off his horse he was arrested and both put under guard.

Why they were not permitted to give bail or sent to the county jail for
safe keeping, we have never learned and seems to be the only cause for censure
against the officials who had them in charge. —Knowing the citizens of Bailey-
ton and the surrounding county as we do, we are loth to believe they would
willingly participate in a crime that would bring trouble upon them or dis-

grace to their community.

_ If these men were guilty of any crime, they were entitled to a fair trial
and punishment according to law. The unfortunate affair is to be regretted
and will be condemned by all good citizens. Efforts will be made to bring all
who participated in the tragedy to justice. Below we publish the testimony
brought out in the inquest and the verdict of the jury.

State of Alabama Cullman County.

This is to certify that the following named householders of the County,
Cullman was impanneled and sworn to hold inquest on the bodies of W. M.
and John Evans on the 16th of August, 1891, at Baileyton in Beat 13:

Shee eee
SPER TAR RS

Lee 8 Ta ie
gt Ney he

JURY: J. A. D

Gill, J. W. Burden :

Baileyton, Alab

physician, hereby ¢
W. M. and John E
located from hangir

McLarty, M.D.

Witnesses: J. F
lying on the counte
M. and J. H. Evan
counter. When I
armed and they or
them; then they ar
would shoot our b
they left a guard ¢
supposed to be abi

G. C. Stewarc
double. barrel shot
jerked out of my
“throw up your he
them up.” They t
with men I did no
out and ordered u
brains out. They

S. T. Flemin
G. C. Steward, in:

E. S. Stewar
Holmes’ resting.
Store and I ran «
store and then st
were getting the
go back to bed.

masked, wearing

Mr. J. B. G
B. Brandley ind

Verdict of t
Stevens and I. C
County, after ins
evidence of all t!
the hours of 10
to their deaths |}
limb of a tree :

Baileyton, Alab

».. the
August 17, gav:

ere


N
J. Matt Heaton

Pierce Mooney.
| guards posted.
id placed in jail
| ruards, removed

ounts published

zens of Morgan
high esteem by
thee were con-
ha en com-
re, ave been
*y while at work
Other parties at
vere suspicioned
afraid of being

at sworn out be-
this county. He
isfactory to the
-antime, Monroe
is trial. Before

d.

e county jail for
sause for censure
itizens. of Bailey-
lieve they would.
yon them or dis-

ed to a fair trial
s to be regretted
nade to bring all
sh the testimony

sectip eg aettsnalnd

JURY: J. A. Donaldson, John Mitchell, W. M. Pate, H. H. Young, J. M.
Gill, J. W. Burden and G. W. McLarty, M.D.

Baileyton, Alabama Muenast 16, 1891. I, one of the jury impanneled and
physician, hereby certify that on postmortem examination of the bodies of
W. M. and John Evans, it was found that their necks were broken or dis-
located from hanging by a rope across 4 limb which produced death. G. W.

McLarty, M.D.

Witnesses: J. H. Holmes. About 11 O'clock the time they came in, I was
lying on the counter at the lower end of the store asleep. The prisoners, W.
M. and J. H. Evans, were asleep when I lay down — both up the left hand
counter. When I awoke the house was about half full of men and all well
armed and they ordered me to throw up my hands. The orders were to tie
them; then they armed them out and ordered us to shut the door — or they
would shoot our brains out — and not open the door in half an hour and
they left a guard at the door on the outside. All the men were masked and

supposed to be about fifty or sixty, or perhaps one hundred.

G. C. Steward. —I was sitting in the door at the Alliance Store with a
double barrel shotgun in my hands. The first thing I knew my gun was
jerked out of my hands by masked men and they ran in the house saying,
“throw up your hands or we will blow your brains out — 80 forward and tie
them up.” They tied W. M. and John Evans — then the house was so crowded
with men I did not see what became of the prisoners. The crowd then passed
out and ordered us to lock the door for half an hour or they would shoot our
brains out. They left a guard outside. There were a hundred men or more.

S. T. Fleming, J. A. Hendrix and D. E. Dendy hearing the evidence of

G. C. Steward, indorses the same.

E. S. Steward — I was a guard but not on duty. I was out at Mr.
Holmes’ resting. I was aroused by men passing in the direction of the Alliance
Store and I ran out and they halted me and carried me with them near the
store and then stopped and kept me there some twenty minutes while they
were getting the prisoners from the storehouse — then they said for me to
go back to bed. I suppose there were about 200 men. The men were all

masked, wearing white caps and afoot.

Mr. J. B. Gober who was in hearing of the above evidence as well as C.
B. Brandley indorses the same.

Verdict of the jury. We, the jury, impanneled by J. M. Heaton, J. H.
Stevens and I. C. Oaks, all of whom are acting Justices of the Peace for said
County, after inspecting the bodies of W. M. and John Evans and hearing the
evidence of all the guards, we find that on the night of the 15th last between
the hours of 10 and 12 O’Clock P.M. the said W. M. and John Evans came
to their deaths by the hands of a body of masked men by being hung to the
limb of a tree and their necks broken.'

Baileyton, Alabama, Editor Tribune:

_. . The Age Herald’s Cullman correspondent, writing under date of
August 17, gave only part of the facts and they were misleading.

121

t Baileyton,
e still lives.
ol and is a
e has taken
mdence.

s published
ox of publi-
d the Jour-
ation. She
d “Through
r the Cull-
ure articles
3irmingham
edited the

for several

Freedoms
which was
She has
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Vho’s Who
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an County

Years the
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:. Continu-
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yeople and
Alabama’s

Sididads

ete, .


506 ALABAMA HISTORICAL QUARTERLY WINTER ISSUE, 1942 507

nn ;
defendant by Judge Thomas M. Peters and Col. John T. Terry.»
now of Birmingham. The evidence disclosed the fact that with.
out any apparent provocation, the defendant, with a double
barrel shot gun, loaded with buckloads, discharged one barrel on |
his father and the other on his brother, killing them both on
the spot. Each of the counsil engaged argued the case Well.
The argument of Col. Terry for the defense, considering the
almost total absence of any evidence upon which to predicate
a defense, was very ingenious, and elicited favorable comments
from everybody who heard it. Judge Clitherall closed for the
State in a speech that was both logical and eloquent. The
burden of his argument was an appeal to the jury to inflict
the death penalty, as nothing short of that would satisfy the
demands of an outraged law; and the jury so decided.—An
effort was made to get the Governor to commute the punish-
ment, but he declined to interfere, and the sentence was execute]
on the day set by the Circuit Judge.

[The Tuskaloosa Gazette, December 2, 1886.]
CHAPTER XII
WHAT A CALICO DRESS COST

- From 1828 to 1833 the times were stringent. The price of
‘cotton ranged from 6 to 8 cents, and money was scarce—while
smost of the articles of necessity were high. Coffee from 4 to
#5 pounds to the dollar: very common sugar 6 to 8 pounds,—salt

- $3 to $4 per sack. I remember very well when salt got down to
2, in winter of 1834-5. A prominent farmer in Fayette county

on speculation,—with a view to holding it until it would rise.
In June following the man died and his administrator sold the
‘Salt before there was any material rise. Brown domestic from
35 to 3714 cents a yard: calico from 50 to 75 cents. I remember
on one occasion being with my father in North Port, where he
was laying in his year’s supplies. The merchant proposed to
sell him a calico dress each for my sisters, who were growing up
to womanhood. Father plead his inability and fears about mak-
ee ing his bill too large, etc. The merchant replied, “I will sell it
*2. to you so cheap that you can’t resist it.” At the same time
= showing his some, and said, “I will sell you that at the low price

After his death a confession was published, showing a family
fued of many years standing, growing out of most unnatural
causes. How true, they will never be known in this world. But
I will close this dark chapter.

“THE FLUSH TIMES” IN THE NEXT.

3, of cotton began to advance and ran from 11 to 18 cts. and
*« continued to rise until it culminated in 1835-6, at 17 to 20 cents.
-I remember my father sold his little crop at 1814 cts. In the
‘fall of 1836 the price opened at 14 to 15 and stood at about
. these figures until 1837, when there

CAME A TREMENDOUS CRASH.

Down went cotton in a short time to 10 cents. From the fall of
1833 to the latter part of 1837, began and ended what has since
been characterised as “The Flush Times.”

UNLIMITED CREDIT |

3 I suppose there has rarely, if ever, in the history of any
#4". Country, been a period of such unlimited credit. The plow-boy,
wee scarcely out of his “teens” could go to the store and buy his

“¢ Broad-Cloth Coat, Velvet Vest, Cassimer Pants, and Hat and


“8
Wy
i:

“4
4

Peas
<—

oid Ot
«~ 7 5 AR

530 ALABAMA HISTORICAL QUARTERLY

ee

[The Tuskaloosa Gazette, February 3, 1887.]
CHAPTER XVII
CHARACTER OF THE PEOPLE

I suppose very few people have had as many hard stories
told about them as the original settlers of Walker county. It
would really be amusing, if I had space to inset even those
that I have heard about the people. I have laughed at, and with
many. of them over these stories. But an intimate acquain-
tance with the people revealed the fact, that while there were
here and there some pretty hard cases, the masses showed a
population that would compare favorably with any rural popu-

‘lation that you could find in any country. And I have often

heard the merchants say that none of their customers paid
better, upon an average, than did those of Walker county.

CHARACTER OF LAND, ETC.

*
#There is a great deal of very fine farming lands in the

county, and there is an evident improvement in developing that
interest. There is also a large amount of fine timber in the
county, and that too will soon ke in demand. Then there is the
almost inexhaustable stores of mineral wealth which has been
sleeping there for centuries. That interest is now coming to
the front with the tread of a giant, and the time is not far in
the future when Walker will take her stand among the most
influential counties in the State. There are now three important
Railroads being projected through the county: The Georgia
Pacific, will soon be completed, connecting Atlanta, Georgia
with Columbus Mississippi, and the farther West: the Kansas
City and Birmingham Road is near about graded from Birming-
ham to the Western borders of the county, and the work is
moving forward with a vim that is really astonishing to the

old fogies. To show the dispatch with which the work is being ~

accomplished, it is only necessary to say, that on the first of
July last the Road had not broken ground, but by the first of
January, we may say, the entire earth-work had been com-
pleted to the point above stated. The Sheffield and Birmingham
Road is making gradual progress to the South and will assuredly
at no distant day, reach the Georgia Pacific on Wolf or Lost
Creek. This connection will necessitate the extension South,

ee pe
Bis Cam
Cis — WINTER ISSUE, 1942 : _ 531
ms bs a so as to reach deep water on the Warrior river. This wil give
“ » the shortest line of communication between the deep waters
é «of the Tennessee and the Gulf of Mexico. This line will also

% = ‘develop, to a great extent, the immense coal fields North and
a aa. West of the Warrior river. And when it is remembered that
re ay this connection only requires a Road of between thirty and forty

~ miles of length, we can but look upon its final accomplishment
4 as an assured fact.

HER COURT HOUSE TROUBLES

; Walker county has had very serious trouble in regard to
: her Court Houses. There seems to be a singular fatality attend-
: ing them. Since I commenced practicing law in that county,
-it has had four good Court Houses, all of which have been
4 burned. The last one-was a splendid brick structure, with tin
roof. The fire simply gutted the building—leaving the splendid
: walls in tact. The vaults showed that they were perfectly fire-
“proof. The authorities at once contracted for repairing the
building, and the county now has one of the finest Court Houses
in the State. It is rather remarkable that in these cases the
~ burnings occurred just before the meetings of the Circuit Court.

ey

DAVIS THE COUNTERFEITER

Walker county at one time included all the territory of the
=. . present county of Winston and a portion of Cullman, and also of
a Blount. The original county contains the cave of the celebrated
= counterfeiter, Davis, who was hung at Tuskaloosa in the early
a days of Alabama. I do not know whether he was tried in the
f ee. State or the United States Court. I think, however, in the

ae State court. The jurisdiction of Tuskaloosa county then ex-
“3 eed tended over the territory. What I say in regard to the case is,
é Be of course, hearsay, as it all transpired before I came to Ala-
e gy berria But I have heard many of the old people talk about it. -
sae It was said when the detectives entered the cave he was
SS: : ® sitting at the table, pen in hand, signing the bills: that he looked
eee around and saw them, and quietly remarked, “Mr. race is run.”
‘eI have also been told that after his conviction he stated that
ae: there were many persons who had handled his money, but that

#& he would not give them away.


ALABAMA HISTORICAL QUARTERLY

BELIEF IN A SILVER AND LEAD MINE

There always has been, and still is, in the minds of many of
the citizens of the county, a strong belief in the existence of
a silver and lead mine in Walker county. A great many speci-
mens of lead have been sent to the State Geologist, who has
invariably pronounced them to be lead, but has just as invarj-
ably given the opinion that these had been dropped by some
Indian hunters: that the science of Geology negatives the exis-
tence of lead and siver ores in that section. Most people accept
the statement of the Geologist as true: while many others regard
their opinion as mere scientific nonsense. But I suppose until
the believers actually find the mines and show that they are
capable of being worked, the great mass of the people will side
with the men of science.

532

PUBLIC EXECUTIONS

I believe there has been but two persons executed in Walker
county under sentence of the courts. They were both white
men,gand both hung for murder. The first was Robert Norris,
who was hung for the murder of his stepfather. I do not know
anything about the case, only the fact that he and his brother
Reuben were both indicted and were sent to Fayette county
jail for safe keeping. I remember seeing them leave for Walker
court Reuben made application for a change of venue and his
case was moved to Fayette county when after several continu-
ances he was finally acquitted. He was defended by Lincoln .
Clarke. Robert was tried in Walker and convicted, and in June
1837, suffered the extreme penalty of the law.

LOTT M. FRANKLIN,

was the next and last one executed. He was tried at the fall
term, 1855, of the circuit court. He was prosecuted by the
Solicitor, Alfred E. VanHoose, and John W. McRae, who was
employed in the case, and defended by W. A. Hewitt, Judge
Wm. R. Smith and Col. William E. Earnest. Judge Smith and
Col. Earnest argued the case for the defence. Mr. VanHoose
closed the case in a speech of just twenty-five minutes. I do
not think I have ever head a speech of the same length that
surpassed it. The case was tried before Judge Thomas A.
Walker. After conviction Franklin was sent to Tuskaloosa jail

This order

as was sent by a messenger by the Mobile & Ohio R. R. to Gaines-
«Ville, Ala., and from there overland to Tuskaloosa. The sheriff

ae of Tuskaloosa county received it just about four hours after he
yy had delivered the prisoner to the sheriff of Walker county for

execution. The Tuskaloosa sheriff at once dispatched a mes-

:  senger with the order of the Governor which was delivered to
* the sheriff of Walker county a few hours before the time set for

= the execution.

ae After a good deal of hesitation and being improperly advised
& by an ex-sheriff of another county, the sheriff finally decided
= that the paper coming to him as it did was not a sufficient
> authority to justify him in refusing to execute the sentence of
F the court, and so the man was executed. Many hard things
=: was said of the sheriff by the press of the State, all of which
te did him very great injustice. He acted conscientiously in the
a matter and simply desired to discharge the duties of his office.
In justice to him it must be stated that the order of the Gover-
*s nor bore no evidence of having been issued from the Executive
i department, nor was the suffix “Gov.” attached to it. In addi-

A Ae

te tion to this there was no evidence that the paper could have

ae gotten from Mobile to Jasper in the time between its date and
ie its arrival at the latter place. Added to all this was the advice

=< of a lawyer that if the paper was spurious and the sheriff
# failed to execute the sentence the defendant would be discharged

sue and set at liberty and the sheriff be held responsibl. Under all
¢ these pressures the sheriff finally reluctantly carried out the

co sentence of the court.

Rae!

eer. TWO REMARKABLE FACTS

~* | There are two facts connected with these cases that is to say

se. the least remarkable. First the defendants both tried and con-

~


.

a

534 ALABAMA HISTORICAL QUARTERLY

The second I suppose has no parallel in history. When
Norris was hung in 1837 the gallows was erected by planting
two upright sawed pine posts in the ground, spanning the two
with a beam of the same material. Instead of a trap the common
cart was used. This gallows was erected out in the woods about
a half mile from the village, and stood there until 1856 and
Franklin was executed on it in the same manner.

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[The 2 eke Gazette, February 17, 1887.)

aot: ang
a9

P Saat >CHAPTER xv oa (A: ae
< Y SHE: ‘COURTS I ATYENDED

ee er ;

ow Before leaving the “Hills” it may not be out of place to give
sya kind of brief running sketch of the courts I have attended in
“sthe up counties, and a few of the people I have met there. To
begin with, I have attended two terms of the circuit court in

j © Blount county. The first one was held by the

VORRS “58 ¢
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ee oe Ne

HON. GEORGE D. SHORTRIDGE

who had exchanged with Judge E. W. Petters. Judge Short-
ridge, I think, was a native of Alabama, possibly of the city of
“Tuskaloosa. He was a man of very pleasing address, quite
“handsome in personal appearance. In fact he was one of those
men who would have to do something actually wrong to keep you
from liking him. He was first elected Judge by the Legislature
#2 in 1844. He had been solicitor: and in 1838 was elected to
the House from Montgomery county. In 1859 he was reelected
Sp to the same position by the people, at the first election of judges
g= by popular vote. In 1855 while holding the office, he accepted
‘the nomination of the American party for Governor and made
iy the canvass against Gov .Winston who had been nominated
ee by the Democrats for a second term. Of Gov. Winston I will
4 = have something to say hereafter. As judge he gave universal
“ satisfaction. Presiding with an ease and dignity that really
‘made the court house pleasant whenever he held court. His
4 decisions were logical and always rendered with an urbanity
‘. ®, which took the sting out of the party againts whom they were
~ £ rendered.

Spe Sag

; Pesce’ In the canvass for Covertor Judge Shortridge showed
So himself a very fine debater. It was, however, thought at the
¥ time that he relied too much on his impromptu powers, to at
& all times encounter the solid facts presented by his antagonist.

+ He started in the canvass with fair prospects of success, which
“= Seemed to be increasing, but the great contest in Virginia be-

a Ss

P


a ae

ee ee ees

184 / The Coal-Mining Towns

St. Francis Roman Catholic Church and several Protestant facilities had
risen on the T.C.I. mining property, but in 1912 the Baptists erected a
house of worship within the limits of the new town. ‘Twenty former mem-
bers of the Blocton First Baptist Church provided the “arm” that created
this new congregation." [ts first pastor was Frank Willis Barnett, later
editor of the Alabama Baptist. ‘The Blocton Cumberland Presbyterian
Church, created in 1892 by the Green Pond congregation of the same
faith, continued to serve West Blocton Presbyterians, but the Methodists,
who had first built in the Number 2 town in 1887, moved their congre-
gation to Suttletown in 1897.47

West Blocton was now on its way to establishing its own identity, prof-
iting from its proximity to the T-C.1. (later U.S. Steel) mines but living
under its own independent government and served by its own institu-
tions. Neither the tornado of 1903, the flood of 1916, nor the much more
disastrous fire of July 12, 1927, could hold it back for long. Only the with-
drawal of T.C.I. in 1928 began West Blocton’s decline from its position as
the most prosperous town in the county, Bibbs Magic City. However, un-
like most of the other communities that grew up around the mines, it had
the vitality to continue on its own power and to remain the chief popu-
lation center in the northern part of the county when the coal-mining era
had passed.

ere en rr er o> errr

17

THE FURBULENT

1890s

HE 1880s WERE largely uneventful outside the industrial regions of
eastern and northern Bibb, and, except for a rare steamboat whistle,
time seems almost to have stood still in the county seat. The 1890s, how-
ever, brought exciting new events and trends that affected the entire county.
These appeared in such diverse areas as crime, politics, and transportation.
Early in the decade, the pioneer violence that had survived in the county
came to a traumatic culmination. For some time, organized bands of rob-
bers had operated, mostly unapprehended, and by the 1890s had fos-
tered the name “Bloody Bibb.” This epithet is said to have been originated

by a newcomer, Frank Connelly, who established the State Central Express
in Centreville in March 1891. He followed this weekly newspaper in 1895
with the County Press, which he published in the Centreville office of the
old Bibb Blade (founded in 1879 in Six Mile and recently discontinued)
and which its subsequent owners, S. F. and L. H. Nunnelee renamed the

Centreville Press. The epithet was apparently common by October 20, 1892,
when Editor S. M. Adams of the People’s Reflector headed a political article
“Bloody and Lawless Bibb.”

The most feared gang was that led by Jesse Miller, owner of a twelve-
mule farm southeast of Scottsville. Many are the tales told of its daring
deeds, some of which after a century have taken on elements of folklore.
According to these stories, Jesse Miller and his brother-in-law Peter Dover
masterminded the robberies, but in many cases their stooges carried out
the evil work. These stooges included both white and black tenants of
Miller, and perhaps others. An open letter from an indignant citizen of
Scottsville, who signed himself “A Sufferer,” lists some of the thefts that
were perpetrated in that community.

185


i186 / The Turbulent 1890s

Three years ago W. L. Gray’s house was broken into by a gang of thieves
and $75 worth of goods stolen.

About a year ago a saddle was stolen from the same premises and found
in the possession of John Kirkland, a tenant of Jesse Miller.

Three weeks ago a rifle stolen as above was found in the possession of an
innocent man and traced to Henry Smith, also a tenant of Jesse Miller. About
two or three months ago Edmond Parker’ house was broken open and his
cotton carried away and traced to Jesse Miller’ premises; but the crowning
infamy is that this infernal gang of thieves should stoop so low as to rob a
poor old widow with a family of small children.

For the last two or three years cattle, swine, sheep, goats and other live-
stock has disappeared as by magic; we all know what has become of them,
but to catch them in the act, “that is the question.”

The robbers’ chief objectives were cattle and cotton, which they usually
tried to take out of the county as quickly as possible. Once when a neigh-
boring farmer, E. P. Burt, was absent from home, the thieves herded cattle
into his barn lot temporarily, but the scheme failed when a mob from
Blocton threatened Miller? According to tradition, one farmer marked
his cotton with pine splinters, which identified it when members of the

gang brought it to the Harrisburg gin. Jesse Miller’ plots were seldom

frustrated, however. He was especially adept at stealing cotton, usually by
means of an accomplice. It is said that a black man whom he employed
for this purpose always wrapped his wagon wheels in kroker sacks to muf-
fle their noise.*

Yet Miller could perform the trick well enough himself. On one occa-
sion, after he had delivered a load of corn as payment for his daughter's
tuition and her room and board at the home of the Centreville principal,
where she resided during the school term, this ingratiating farmer paid
a social call on the principal on his front porch. Then, after taking his
leave at dusk, he quietly reclaimed the wagonload of corn from his host's
crib on his way home.‘

In spite of all the circumstantial evidence of their robberies, it was only
after the gang members committed murder that they were driven into
outlawry. It was rumored that they were quick to exterminate anyone
suspected of knowing about their nefarious deeds. On March 27, 1891,
only a month after Edmond Parker was robbed of his cotton and Jesse
Miller was indicted for grand larceny in the case but not convicted, the
Bibb Blade reported the disappearance of this “worthy black” and called it
“another desperate and heinous crime.” Another black man named Lum
Miller was thought to have been one of the gang’s victims. According to
the story, he was murdered on Schultz Creek bridge and the blood stains

a eS

The Turbulent 1890s / 187

hacked out of the planks to remove the evidence.* For the same reason,
Peter Dover reportedly shot Archie Wood from ambush as Wood was
opening the gate to his home place not far from Miller’ farm, ‘The pos-
session of damaging information was not the only motive for crime, how-
ever. Jesse Miller was suspected of setting fire to a farmer’ house and
causing his death in the conflagration, after the neighbor refused to sell
his adjoining farm to Miller.®

In the end, it was their elimination of those who knew too much that
drove the leaders of the gang into the hands of the law, from which they
all too quickly escaped to resume their criminal careers. By January 1884
Peter Dover, sentenced to the state penitentiary for Archie Wood’ mur-
der, had fled after one of Bibb’ perennial jailbreaks.’ At one point the
Bibb Blade reported, almost routinely, “Five prisoners have escaped jail
and four more were put in. The Sheriff should fix the fence.”

The year 1891 brought the crime wave to a climax. A correspondent of
the Blade wrote on February 26: “This won't do; it has to stop; if the law
is powerless we must look elsewhere for redress....'The people are get-
ting excited and there is no telling what may happen in the near future.”
As a protest against the lawlessness, citizens held a mass meeting in the
county seat at which Centreville mayor Dr. W. J. Nicholson presided, and
pledged to protect those who would report violations of the law.* Vigi-
lance groups, called “beat clubs,” were subsequently organized in each
voting precinct, and numerous calls were made, including one from the
Blade editor, for Sheriff Alonzo Bates’ resignation.

Three months later, Jesse Miller, his alleged accomplice George Cook,
and Ike Miller, called “Jesse's right-hand man,” were arrested for the mur-
der of Miller’ tenant Henry Smith, who, according to the Blade headline
of August 14, “knew too much and was sacrificed for the safety of the
gang.” Witnesses for the preliminary trial of Miller and Cook were es-
corted from Blocton by a guard of sixty armed men, an indication of the
climate of fear at the time. The prosecution, represented by Sam Will
John of Birmingham, County Attorney Thomas J. Smitherman, and Lu-
ther Clements, called frightened witnesses to the stand for three days.
After their damaging responses, the attorneys for the defense, Hargrove,
Logan, and VandeGraff, decided not to introduce any testimony.

On the order of the court, the two prisoners were committed to the
Jefferson County jail for safekeeping because the Bibb facility was con-
sidered inadequate for such a notorious criminal as Miller. The Blocton
Vigilance Committee, which had protected the witnesses on their way to
the trial, guarded the prisoners on the twelve-mile trip to the railroad
station at Blocton. A week later, Editor Frank Gist noted significantly in
the Blade that no murder had been committed in Bibb for three weeks.


188 / The Turbulent 1890s

In another three months, Jesse Miller and George Cook were released
from “the safest jail in Alabama’ after being tried by Judge Sharp under
a writ of habeas corpus.® The stories are numerous about what happened
to Miller afterward. According to one of these, he was thrown into jail
again and threatened by a mob, but he escaped and hid for a time in a
cave north of Scottsville, where he was fed by a member of the gang, Jim
Morrison. It is a matter of record, however, that on January 2, 1892, Miller
and his wife, Amanda, sold for $5,000 a large tract of his land near Scotts-
ville to Theophilus Miller, apparently before leaving the state.” On April
27 Sheriff M. J. Latham gave notice through the Blade that certain land
‘ owned by Miller was to be offered for sale to reimburse the county for
delinquent taxes. In an obvious effort to protect his property from the
avenging arm of the law, Miller on July 26, 1895, deeded a section of land
for $2,000 to his daughter, Grace, a transaction that was “acknowledged
by Jesse Miller in due form before R. R. McCulley, justice of peace.”"' This
may have been the occasion later recalled by a native Bibb Countian: “When
I was a child I remember the report of a surrey coming from Marion to
the Courthouse in Centreville. ... As soon as some business was attended
to, it took him back to Marion to catch the train away. Insofar as I ever
knew, nobody ever saw him here afterwards or ever knew where he went.””2

Miller apparently made no more surreptitious appearances before of-
ficers of the law, but on October 15, 1900, he gave his son Brooks power
of attorney “to look after all my lands in Bibb County.” It was suspected
that the elder Miller had fled west, possibly no farther than Mississippi,
and that he occasionally returned under cover of night to visit his family.
For some time, citizens in the Scottsville area remained apprehensive as
they drove along the roads through the woods. One of them reported
that he was sure he caught a glimpse of the outlaw’ sharp eye behind a
shotgun carefully aimed over a log, though he dared not take a second
look as he drove nervously by."

Although the shadow of Jesse Miller lay longest across the county, the
crime that sent the sharpest shock through its citizens in this same bloody
year of 1891 was the work of other murderers. In January, Sheriff R. H.
Jones (formerly a Bibb resident) returned from Louisiana with a Bibb
County prisoner named James Tate. This white tenant farmer had fled
the state after allegedly killing his employer, W. B. Head, in an argument
on August 29 of the preceding year. As he stepped off the train at Ran-
dolph accompanied by the prisoner in handcuffs, Jones was shot down in
cold blood.'® His assassins seized ‘Tate, but how they disposed of him was
never known. The only person apprehended, shortly afterward, was a
teenage boy whom the men had drafted to hold their horses. Although
the grand jury returned indictments for eight or ten suspects, warrants

The Turbulent 1890s / 189

reportedly were not issued promptly and criticism of the county sheriff,
Alonzo Bates, mounted. He was accused of being afraid of both the as-
sassins and the Miller gang, not broken up until later in that year. After
even the governor questioned his record, the sheriffs force went to work
and made several arrests in September,'® but the Suspects remained in
hiding and no one was ever convicted of the murder.

Jesse Miller’ gang was only one of several bands of desperadoes that
roamed the county during the last quarter of the nineteenth century and
created a climate in which such murders could be committed unavenged.,
Because the law enforcement officers were unable to cope with the grow-
ing violence, they eventually employed a paid killer from Birmingham,
said to have been Henry Coles, detective in the T.C.L& Blue Creek dis-
trict.’” He first studied the criminals’ habits, and, when he was sent to
bring in one of them, he used their methods, ambushing and killing them
without notice. His work was made easier by the cooperation of the beat
vigilance committees. Blade editor Frank Gist later declared that this ex-
treme measure was provoked by Bibb’ record of “twelve murders in twelve
months,” concluding that, after the gangs were eliminated, “the Lord took
a chastened people back to his bosom.”!8 Perhaps it is poetic irony that,
when the man who'had achieved the end of the gangs by these question-
able means returned to Birmingham, he allegedly killed a citizen there,
was arrested and jailed, and committed suicide in his cell.}9

Even while the cold-blooded murders were being brought under com-
parative control, hot-blooded shootings continued from time to time. One
of the most sensational was motivated by a personal quarrel. Dr. Gratton
B. Crowe entered the front yard of Ben Glass near Six Mile, called him
out on his porch, and in the gun battle that followed shot him fatally,
allegedly in self-defense.2° The bellicose doctor was soon urging violence
in political warfare. Politics was a subject of intense interest and often
generated more extreme feeling than it had since Reconstruction.

During this decade, the chief political competition in Bibb, as in the rest
of Alabama, was no longer between conservative Democrats and Repub-
licans but between the Democratic and Conservative party and the new
People’ party, whose members were called Populists. The Democratic and
Conservative party, by Opponents called Bourbon Democrats,?! repre-
sented chiefly the status quo; and the People’ party, born largely of dis-
content in the Farmers’ Alliance during this economically depressed period,
supported numerous political reforms viewed by the Democrats as un-
sound.” Reuben Kolb was the individual who polarized the two factions
within the Democratic party in the state race for governor in 1892 and
led the third-party Populist revolt that occurred immediately afterward.

Kolb had ample support in Bibb in 1892 and subsequently; he carried


182 / The Coal-Mining Towns

Ownstairs you will find R. B. Wright with a full line of general merchan-
dise.”37 By January 1903 application had been made fora branch of circuit
court at West Blocton,** granted by July of that year.

The number of murder cases involving citizens of this section in two
months of this one year gives evidence of the need for such an arrange-
ment. The Blocton Messenger observed: “Our jail is yet full of murderers,
though several cases have been disposed of."*° Some of these crimes re-
flected the racial tensions of the period. At a time when Deputy Sheriff
A. P. Davidson was being tried for killing a black man while making an
arrest and William Horton of Belle Ellen was taken into custody for mur-
dering another black named William Cross “for insolence,” the Messenger
called attention sharply to the desirability of more even-handed justice in
the courts: “Crimes in Bibb County and especially Blocton have been nu-
merous. But the juries have been as remiss as the people. At the last term
of court, every negro was convicted. No white man was convicted.”*° Among
the black defendants convicted was Ed Walker, charged with the robbery
and murder of Mrs. Costelli, and sentenced to hang on April 11, 1903, in
“the second legal hanging in Bibb in fifty years.""!

Yet the most sensational of the Blocton murder cases had nothing to do,
with race. It gained notoriety partly because it involved two women ap-
parently caught up in an age-old triangle. Mrs. Lilly Gardner allegedly
killed Mrs. Mamie Caddell on May 29, 1900, but the case dragged on for
more than three years. The Blocton Messenger on March 27, 1902, again
questioned the justice of the courts: “Why was not the case against Mrs.
Lilly Gardner called? ...She has never yet been tried. She is claimed to
be insane. ... Festus Caddell, who is alleged to be an accessory to the kill-
ing of his wife by Mrs. Gardner, has been tried twice. ...[His case] has
been appealed to the Supreme Court for the second time....If the deed
was committed by Mrs. Gardner during a moment of frenzy and insanity
(as she says, unaided by Caddell), why is the case not disposed of legally?”

When Mrs. Gardner, pleading insanity, was finally tried in the fall term
of circuit court the following year, in one of the first murder cases in the
new county courthouse in Centreville, she was represented by a battery
of legal talent: Colonel Sam Will John of Birmingham, Dan Collier of
Tuscaloosa, and the firm of Ellison and Thompson of Centreville. The
county seat was crowded with witnesses and spectators for this long-awaited
event. The Messenger commented that the case had already cost the county
thousands of dollars. On September 25, 1903, it reported Mrs. Gardner's
acquittal. Festus Caddell, meanwhile, had been meted out a life sentence
in the state penitentiary.

In the first decade of the new century, the town continued to experience
a population explosion, reaching a total of 892 inhabitants by 1910, when

The Coal-Mining Towns / 183

Centreville could count only 730 and the only other Bibb municipality
whose residents were numerous enough to be noted by the U.S. census
was West Blocton’ neighbor Smith Hill, with 422. Although its citizens
were momentarily diverted by the courtroom dramas of the period, they
were more concerned with providing the facilities needed by their com-

munity. Telephone wires were extended from Centreville in the spring of

1903, after connections with Birmingham had already been established.”

But the improvement most agitated for by the local newspaper was the
establishment of a public school. “The Town Council has decided that we
can no longer go without a school,” the editor wrote approvingly. “West
Blocton is on record as the only incorporated town in Alabama that has
neither church, school, nor postal service of any kind, though all three
institutions are less than a mile from town.”** A bond issue funded the
erection of a two-story structure, containing three classrooms, the prin-
cipal’s office, and a cloakroom. In this building, the West Blocton Public
School opened on September 10, 1907, with an enrollment of 132 pupils,
presided over by Principal A. E. Handley of Gurley. He was assisted by
Lula Almon of Moulton in the intermediate department and Mrs. Edward
Martin in the primary department. Some of the leaders in this civic move-
ment formed the first board of trustees: F. D. Smith, E. D. Reynolds, Jo-
seph F. Jones, T. C. Wallace, and A. L. Arnold.

Churches soon followed. The first house of worship in the corporate
limits of the town is said to have been the synagogue of the considerable
Jewish community, the only one of any size in the county, numbering more
than twenty families. Most of these families, drawn to the boom town by
its commercial opportunities, were refugees from persecutions in Rus-
sian-dominated countries, chiefly Poland, though also, in the case of the
Krentzmans, Lithuania. Some of these immigrants, like William (Wolf)
Israel, were in Blocton in 1888. Many began business as peddlers but
eventually set up general merchandise stores on West Blocton’s Main Street.
The Hebrew congregation Ah-Goodies-Ah-Chem (translated “League of
Brothers”) was organized on June 5, 1905, accepting the bylaws prepared
by acommittee composed of Morris M. Odess, Samuel B. Israel, and John
B. Krentzman, three young merchants.*! The building committee, whose
members were William Israel, John Krentzman, and Samuel Baer, pur-
chased Lot Number 25 from A. D. Belcher for $100 by a deed filed in the
Bibb County Probate Office on July 6, 1905. The synagogue erected on
this lot in September 1905 at a cost of around $1,500" was a frame build-
ing consisting of a sanctuary and a classroom for the children, in which
they were taught, among other subjects, Hebrew. Around 1935 it fell into
disuse, as the fortunes of the town and the number of Jewish residents
declined, and the structure has not survived.


124 North Academy Avenue

/
UTLER, ALABAMA 36904 é
BUTLER Als x Ve

CHOCTAW COUNTY PUBLIC LIBRARY ran
vy
/

ear Mr. Espy:

I have had a very frustrating time of it! Went to the courthouse by hunting
the 1908 newspapers to research our one (Known) legal execution in Choctaw County,
and the newspapers are not there. The Probate Judge's office had none at all for
1908, and in the Circuit Clerk's office, the bound volume began with June 1908, and
would you believe we needed January 1908? There may be papers in the State Dept. of
Archives and History in Montgomery that would carry accounts of the trial, but we

do not plan to be over that way, and will not be able to pursue the thing any more
than we can at the local level.

I found two daughters of the victim- one little lady is almost 90 and T am not sure

how good her memory is- the other one is 82, and some of her account differs from that
of her older sister.

Nevertheless, I am enclosing an account of the crime as told to me by the two daughters,
Mrs. M. E. Thrash and Mrs. Vadie Hodges Littlepage (the older one).

Wish you success in your book and hove you will notify us if the Choctaw crime is
included.

Sincerely yours,

Onn W. bay

Ann H. Gay,
Librarian

ahg


CHOCTAW COUNTY PUBLIC LIBRARY
124 North Academy Avenue

BUTLER, ALABAMA 36904.
Feb. 22, 1977

Dear Mr, Fspy?:

Choctaw County's history abounds with incidents of violence, murder, -myhem,
lynchings and vigilante actionsy not 411 of them legal, though!

The two most famous cases are quite fascinating, and I will attempt to give a
brief run down,

The Jack Turner case is told fully in a hook AUGUST RECKONING by WoW. Rogers and
David Werd (LSU Press, 1973) Jack Turner, a very smart ex slave, turned
Republican at the end of the Civil wer, and was active in Reconstruction Days
until a case was hatched up against him (similar to the Nat Turner rebellion in
S.C.) and he was arrested and subsequently hanged (illegally) Aug. 19, 1882.
See pe 101, AUGUST RECKINING.

The other famous case, a multiple hanging, was the culmination of the Sims War
incident in Choctaw County, and this story is told (possibly not too accurately)

in STARS FELL ON ALARAMS by Carl Carmer, In the chapter called "God in the Canebrake",

the Sims War is described. Bob Sims, a religious fanatic, who was more interested
in making and selling moonshine, met his just deserts at the hand of a mob

inthe Lower end of the county in 1882, I think about 5 members of the Sims gang
were hanged all at that same time,

Judge Hunter Phillins, who was Probate Judge of Choctaw County from 1911-1959
tells me he thinks there was only one legal execution in Choctaw County at the.
old jail. He thinks it took place while W. D, Wilcox was Sheriff (1907-1911)
and it was carried out at the old jail. He does not remember the name of the
person executed, or the reason,

We do not have a locel historical society. If you are not too pushed for time,

I will be gled to go to the courthouse and go.through the 1907-1911 newspanvers,

and hunt the incident for vou. I will be unable to do this for a bout a week

or so, however, due to my heavy schedule, Will make Zerox copies of the information
for you if I am able to turn any up. I telieve the courthouse cherges 25@ per page,

You really got the right person on the hook when you wrote the library. One of
my friends says I'm hipped on local history, I am not sure she meant that as a
compliment. At any rate, I will be glad to see what I can finde after all, it
will enrich our locel history file, too.

Sincerely yours,

vy . .
i iden’ “yf, fas.

Ann He Gayy
Librarian

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The Mobile newspaper reported on March 19, 1864, that A.
Blocker, R. Latham and John W. Barron of Company A, Fifty-
seventh Alabama Regiment, were convicted for mutiny, laid on
their coffins and hauled on wagons through the city of Mobile toa
place of execution, but upon arrival they were reprieved and
sentenced to hard labor AT the same time Alexander Pharris, of
Winston’s Battery, was executed for desertion. This was the only
execution recorded at Mobile during the war. No other records of
executions have been found and it is generally believed by
historians that all of General Clanton’s men who mutinied were
sentenced to hard labor or returned to battle.°?|

On April 2, 1864, a contingent of the Tattnall command
stationed at Camp Perdido had a hand-to-hand combat with the
Federals near Barrancas. The Federals had four seriously
wounded, four horses killed and five wounded; the Confederates had
eleven men, six horses, twenty-one muskets and four sabers captured.
This encounter is sometimes called the Battle of Pensacola.’°

An expedition of the Federals from Fort Barrancas against
the Pollard Command was launched on July 21, 1864, by General
Asboth with a force of 1,000 men, resulting in several skirmishes
between July 21 and 25. Asboth reported that having been alerted
to watch for a lightly equipped force of General Sherman’s which
might be forced to descend to Pensacola, he started toward Pollard
with a command of 1,100 and arrived at daybreak the next day at
Gonzales or the Fifteen-Mile House on the Pensacola Railroad.
The Confederate pickets opened a brisk fire which developed into
an organized attack. After repeated skirmishes, the Confederates
made a determined stand one mile from camp, but were compelled
to take refuge in Fort Hodgson, a new fort completed the day
before; but after a short contest they deserted the fort, retreated
three miles, and disappeared.

Asboth continued: ‘‘The fort was defended by three
companies of the Seventh Alabama Cavalry, Colonel Hodgson
commanding, according to the captured muster-rolls, over 360
strong. They left in our hands] lieutenant and 6 men as prisoners, a
large red battle-flag with thirteen stars, all their official papers, a
considerable amount of commisary and quartermaster stores, 17
horses with equipments, 18 sabers, 23 guns, a large quantity of
ammunition and 22 head of cattle.’’

It was reported that the Confederates retreated toward

132

Pollard with over
then camped for
learned that Shern
link up, had bee
Loachapoka, and (
ed to Georgia.
The next mo)
nance and the sick
Hodgson was leve
missary, quarterm
by fire, and the mz
Pollard and Perdi
pickets were agair
Confederates ha
taken a stand ont
which were impass
company to engag
artillery and infan
telegraph and stri
trestle, then destr«
camps, Withers al
he learned that C
Calvary and an ac
of six pieces, with
the whole railroa
doned his plans a)
had arrived at Fif
July 24, but on re
an attack, Maury
the Seventh Alabs
Mrs. Murray, an
Maury had return
Thus it was
Camp Tattnall an
except for one kill
zales destroyed.
The Tuscalox
strong, were orde1
August 1. The Co1
ing more and mor

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» No. 5. Parker
» No. 6. Owens (between Pollard and Wallace)
h No. 7. Pine Grove (eastern part of the county)
No extant picture of the Pollard courthouse has been found,
ly it it was said to have been two stories constructed of pine lumber

Milled in the area. It was three years under construction and was

Fccives on January 6, 1873, at a cost of $4,000. The new county
was without adequate funds, so it levied a special tax to raise the
heeded revenue. In 1877 lightning rods were added to the court-

h Ouse, as they were very needful in this era. The cost was $50, to be
paid in two yearly installments of $25 each, which indicates thrift-
iness on the part of the commissioners with the meager county
funds at that time.’

3 In the early days convicted prisoners were contracted out to
mill owners and other businesses to help with the expense of their
Upkeep. To prevent their escape while working, the county had
aton chains made in 1875 to hobble the prisoners. In February of
the same year, a gallows was built near the jail at an expense of ten
dollars.

Fe Traditions make very interesting reading, but the record
disproves the tradition of the ‘‘old hanging tree’ at Pollard; the
first hanging in Escambia County took place nine months after the
Duilding of the gallows. Perhaps the large oak that is pointed out
‘today as the hanging tree stretched it young limbs over the first

| gallows and in this way acquired its historic name.

James Williams was executed on the gallows for murder on

‘ Friday, November 5, 1875. J. W. Whitehead was paid seventy-five

‘dollars for bringing about the conviction; Noah Horton received
two dollars for burying Williams; A. J ernigan was paid forty-four
‘dollars for feeding and lodging the jury during the trial; and
‘Sheriff M. McMillan received twenty-five dollars for executing the

“condemned man. Thus Escambia County witnessed its first execu-
ition of the death penalty.’

The county business was proceeding at a commendable pace

1 when tragedy struck ona July night in 1879 and the courthouse was
4 destroyed by fire. The most plausible theory was that some person,
‘feeling himself aggrieved by the justice meted out to him by the
‘court, committed arson. Some of the official records were saved,

but many of the land records were lost. A j jury indicted the supposed
incendiary, but for lack of evidence or other reasons, the officials

293


HISTORY OF
ESCAMBIA
COUNTY,
ALABAMA

Annie C. Waters

(44>

THE STRODE PUBLISHERS <

Huntsville, Alabama
Property © |
Houston-Love Memorial Library
Dothan, Alabama



Box 98 SH |
Centreville} Alabama 35042
October 18, 1977

“Mr. Watt Espy, Jr.
Law Library

Box 6205
University, Alabama

Dear Mr. Nagy:

I held up my letter to try to verify the hangins of
the cases I reported, and that of Nellie Bestor.

I checked THB CENTREVILLE PRESS files,but found the
office files tncomplete yesterday, so looked in the old
files in the “ourthouse attic this morning. The file for 1911
and 1923-1935 were missing at the courthouse and the 1923
file was not in the fress building.

Kn account of the hanging of Alex Hill on August 4 was
given in the August 5, 1899 issue, with pictures of the
attorney, murderer, and others, but there was no information
about him in that. paper.

The September 15, 1921 paper reported that Clyde Thomas
would be executed September 15, at 9:30 A. M., and would be bought
from Birmingham, where he had been taken for safekeeping, by
the sheriff and State troops. He was said to have been raised at
Randolph and was always considered peaceable. On the September 22
issue, the reportet described the hanging and said that snvldiers
were stationed at various points around the square during the
hanging. His body was returned to Birmingham and buried in
Potter's Field, on the order of the Governor.

In the same report of this hanging, the reporter saig that
Ephram High would be executed for highway robbery and the attempted
murder of Mr. Arnold of Vamp Hugh ( Pondville). I did not check thi

a flinch CPD

Mr.: Fred Wood,, whose father, Huey Wood, was sheriff of
Bibb County from 1920 to 1924, said that he des not recall the
hanging of Nellie Bestor. He said that his father hanged only
one person, Clyde Thomas. Miss Grace Ward, whose father served
three terms, includéng those before and after Mr, Wood's, said her
father never hanged any one, although he thought he would have to.
She remebers his getting out the ropes and " stretching " them.
She remembered the Besbbr woman being sentenwed, but did not recall
her being hanged. We believe the Governor may have gievn her a
commuted sentence. I am sorry I could not find the 1923 papers,
as I am sure there must have heen an account. You might be able
to find a report in an old Birmingham paper, if the University

keeps these old files.
Over

Box 98
Centreville, Alabama
Ocvober: 25; 1977

Mr. Watt Espy
Law Library
University, Alabama

Dear Mr. Espy:

~ I attempted to locate the 1911 file of THE CENTREVILLE PRESS
again this week,ba¥ could not find it, Ohe of the employees and
a lawyer who came in helped me look,

As Henry Winston was supposed to be executed December 22,
I thought the story might be in the January issues, but could not
find anything about the hanging in the issues for January 4 or
January 13, 1912,

I also looked again for the 1925 file, but did not find Lt.
While looking for a report of Ephraim High's execution, I found
accounts of Nellie Bestor's murder of her hushand at Woodstock, in
the 1922 file.

The July 6, 1922 paper had an account of Ephraim High's
being sentenced to be hanged. On August 18, it reported that the
sentence was upheld by the State Supteme Court. On september 7,
1922, his hanging was reported as taking place Friday, after Gov,
Kilby had stayed his execution for two weeks, He confessed his
crime before his execution and requested that a copy of the paper
giving an account of the hanging be seht to his mother in Bessemer,
As he was so thin, his neck was not broken, but he strangled to
death, According to this account of the crime, Ephraim, a Negup
who had been sentenced by a court in Bessemer for robbery, came
to Camp Hugh to seek work in the sawmills. He followed W. H. Arnold,
an elderly man down the railroad track, zobbed him of $65.00, stabbed
him seventeen times, and left him for dedd,.

I am sorry I could not verify the other two executions for
you. Dr, Ellison used the 1911 file in the PRESS office last
summer, but does not know what happened to it.

Shared P Hennebey

» Josiah Kennedy


BIBB COUNTY, ALABAMA.

e e : ay
Bes ; ; V4

bog
i 3

ALABAMA
CD

THE FIRST HUNDRED
YEARS, 1818-1918
by
Rhoda Coleman Ellison

THE UNIVERSITY OF ALABAMA PRESS


\)

SB/BR

e

‘Box 98
Centreville, Alabama 35042
October 15, 1977

Mr. Watt. Bepy., drs
Law Library
Box 6205
University, Alabama 35486

Dear Mr. Espy:

Dr. Rhoda Ellison and I searched some:of the olff CENTREVILLE
PRESS newspapers on file, in order to get information about some

of the famous cases tried in our Courthouse, and put this information
in our application to have Centreville Business District declared

a “ational Historical site.

I found an account in THE CENTREVILLE PRESS, June 8, 1899, and
in later ,dditions, reporting that Alex Hill, a Negro living near
Eoline, murdered rs. Hester ( R. H. ) Hubbard, who lived near Eoline,
on June 5. He was represented by Jerome T. Fuller, a prominent
Centreville lawyer. He was sentenced to be hanged on August 4., 1899,
at his trial Jne 30,

Dr, Ellison found an account in THE CENTREVILLE PRESS, November
23, 1911, of the trial of “enry Winston, alias Josh Wetgworth, on
November 18, He was convicted and sentenced to be hanged on December 22,
He was a black. tramp and escaped convict. He allegedly robbed a Mrs,
Filgo of Eoline and " outraged" ( Raped) her daughter. He was trailed bu
bloodhoundsand captured,

Dr. Ellison also found an account if THE CENTREVILLE PRESS for
August 11 and 18, 1921, a report on Clyde Thomas, a black yardman
employed by John Wallace of R_ndolph. He was tried for the August 9
rape and murder of Mr. Wallace's fourteen year old daughter. He was
sentenced on August 17, after a ten minute deliberation by the jury,
to be hanged on September 15.

Mr. Foster told me that he was unable to find an indexed list
of the murder cases. I do not have time to check all the old records or
newspapers’ to try to find other cases. We did see accounts of other
cases, but made no notes on them, as we were looking for the most famous
cases tried here,

4

Sincerely,

Bre JF Lnne he

Mrs. Josiah Kenned


48 chapter 9

morning. Commuting daily worked out nicely for the young
couple and everyone was completely satisfied with the
arrangement except one person.

Resentment mounted in the heart and mind of the young
male slave who lost the girl he loved in marriage to a Cole
male, and so the jealous suitor planned a bizarre murder of
the young bridegroom. It happened on a dark winter night
near the bank of Pea River.

After crossing the river he carefully tied his boat at the
Sandbar landing on the Waters side. For the last time, he
made his way up the beaten trail that he knew so well.
Standing behind a giant oak tree that stood beside the trail,
was the jealous loser of the love triangle. As the happy
bridegroom made his way home to see his bride of only a few
weeks, the Waters male knocked him in the head with a
broad ax, and the young bridegroom died instantly.

Continuing with his careful plan, the murderer then took
the blood-soaked body and dragged it down the trail, across
a chestnut rail fence and into a ditch beside Pea River.
Here he buried the young bridegroom and covered the ground
with leaves and pine straw which he had gathered before the
day of the murder as his plans were being made.

He then threw the ax into Pea River and made his way
back to the slave quarters on the Waters plantation where he
lived with his family. The young bride, expecting her de-
voted husband home at any minute, finally decided that he
worked late and remained with his family across the river
that night, but that had not happened before. She consoled
herself and anticipated his coming home the following night.

The following afternoon, Mr. Cole got into his buggy and
rode over to the Waters plantation to inquire why the young
man did not come to work as usual that morning. Upon
learning that he had not arrived home the night before,
distress immediately fell upon the bride and the slaves of
the Waters plantation. Both Mr. Cole and Mr. Waters and a
large group of Waters’ slaves retracked his trip and dis-
covered blood on the trail and on the rail fence. They knew
immediately that a murder had been committed.

The finger of suspicion was immediately pointed at the

plantation violence . 49

right person. His hostile actions toward the bridegroom and
vocal dislike for him were known by all the slaves on the
Water’s plantation. But he denied having any knowledge of
the murder so persuasively that it could not be proven satis-
factorily, neither could the body be located. Assuming that
it was thrown into Pea River, many expert slave swimmers
tried desperately to recover it and plantation owners along
the river were alerted to be on the lookout for a surfacing
body. :

Finally, to solve the mystery, Mr. Cole knew of a man in
Barbour County, near Eufaula, Alabama, who had several
bloodhounds. He got into his buggy and his favorite slave,
Uncle Rence, drove him to Barbour County and he employed
the man to come and find his murdered slave. The following
day, the owner and the dogs arrived and they were taken
to the rail fence which had blood from the dead man on it
and the dogs immediately ran along the edge of the river to a
ditch where they began barking and digging vigorously.
Soon the body of the young bridegroom was exhumed from the
ditch and it was obvious that he had been brutally murdered.
Immediately the murderer showed great guilt and finally,
after intense questioning, he confessed. The details of his
murdering the young slave who had won the hand of the girl
he loved were then learned.

Mr. Waters and a group of angered slaves from the planta-
tion took the murderer to the Coffee County jail in Elba.
Sheriff Robert Peter Brooks had custody of the murderer until
he was hanged. On the day of the hanging, all the slaves
from both involved plantations and from the surrounding
area gathered in Elba for the event. The broken-hearted
young widow looked sadly at the man on the gallows as her
wagon headed back up Pea River to the Waters Plantation.
Both of the young men in her life were buried in the slave
cemetery on the plantation.


aid | chapter 9

because they would repay with their slave labor when the
lending master needed some additional help. The slaves
liked to swap work because they enjoyed the social life
that working in large groups afforded. They sang a great
deal _while working in the fields; usually the songs were
religious. Sometimes it would not be a song at all, but a
musical humming or corn-shucking songs.

Corn Shuckings were one of the main social events of
the frontier, iricluding the Negroes in Coffee County. . They
began about dusk with the men seated in a semicircle around
a large pile of corn. They shucked as fast as they could and
threw the ears of corn over the leader’s head, and it landed
in the corn crib. They sang beautitul songs as they shucked
corn. Their leader Sang his part and the others joined or
answered him. The corn shuéking was done entirely by the
Negro men.

About ten o’clock, if all of the corn had not already been
shucked, the master of the house would tell the leader to
Stop his men and get ready for supper. The leader would
give “washing up”’ directions for supper. Next, he would
appoint two of the strongest Negro men to take the master
for a tide. They would set him on taeir shoulders and carry
him around the outside of the house two or three times. All
of the Negroes Sang and clapped as this was done, this
made the occasion a very festive one. They took him to the
head of the table where he said the blessing and encouraged
them to help themselves. The feast had been prepared for
them by the Negro women under the direction of the mistress
of the house. After a bountiful Supper, the Negro women
would wash the dishes and clear the tables and they all
went home before midnight.

The marriage ceremonies of the Negroes were usually
performed by the white preachers. When this was not cone
venient, a state law gave the masters the authority to perform
a legal ceremony. The master’s family took great interest in
the marriages of the Negroes on the plantations. The mis-
tress helped the bride in making beautiful dresses for her
trousseau and she was the official hostess for the wedding
Supper which was served to the guests who attended the

plantation violence _ 47

wedding.

It was against plantation rules of the slave owners for
Negroes to visit another plantation without a written pass
from his master, or a member of the master’s family. The
Negroes met each other at church, at work swappings, corn
shuckings, and other social functions. They often enjoyed
visiting each other and the young Negro men would spark the
young girls who were bound to another master. The white
masters were very generous in granting passes to the young
people and many times these courtships led to marriages
between slaves of different plantations.

Mr. H. M. Waters owned a plantation on the west side of
Pea River and was a large slave owner. Mr. Thomas Cole
owned a plantation on the east side of .Pea River and was
also the owner of a large number of slaves.- The river was
the dividing line between the two plantations. In 1862, a
Cole male slave married a Waters female slave. There was
much excitement on both plantations about the courtship and
the big wedding and feast on the Waters plantation the day
of the wedding. All the Cole slaves and the master’s family
got into wagons and the buggy and went across Cole’s
Bridge and down to the Waters Plantation which was located
between the bridge and Mixon’s Cross Roads. After the
wedding, which was performed by Mr. Waters, there was a
bountiful wedding feast which attracted masters and slaves
from the surrounding plantations along the river. Mr. Waters’
wife, Nancy, was a most gracious hostess for the entire
affair.

Being bound to different masters, and desiring to remain
On their native plantations, Mr. Cole issued a permanent
Pass to the bridegroom and made it public. The newly
married couple were to reside on the Waters plantation in the
new cabin which was built for them. A boat was built by
the slaves on the groom’s plantation for his use in making
trips across Pea River daily. The living arrangements was
for the groom to do his daily work on the Cole plantation.
When the day’s work was over, he was to go to the river,
and spend the night at their cabin with his bride, and return
to his native plantation by crossing Pea River the next


26

. THE LAST HANGING

The Elba junction of Whitewater Creek and Pea River is
usually quiet and has been the setting for many pleasant
activities. This peaceful spot, on the Pea River side, served
as the place where the last hanging took place in Coffee
County, Alabama, on a November day in 1898. It took place
under the big oak trees near the river bank in the back yard
of the home presently owned and occupied by Mrs. Arthur
Brunson. The man who was hanged was Major (Mage) Terry
and he was hanged for one of the most notorious crimes ever
committed in Coffee County. Accounts of the bizarre murder
have been recorded and told many times.

The murder took place in the year 1896 when Louis Thom-
as, his wife Van, and their six children—Vallie, Homer,
Willie, Lena, Danny, and Nellie—lived in the Camp Ground
Or Salem Community about five miles northeast of Enterprise.
The Southwestern Railway Company was constructing the
first railroad track through Coffee County to Elba, and Louis
had a construction job with the company which was putting
down the track. This job required him to be away from home
most of the time. His wife remained at home with the chil-
dren and looked after the crop while he was away. To help
her with the farming, Mrs. Thomas hired a negro man, Mage
Terry, who lived in the community.

135

eI i


136 chapter 26

The Terry negroes had been brought to Coffee County by
a white family named Terry and they remained in Alabama
when the white Terry family sold their land and returned to
Georgia. The negro family lived on the farm of Mr. Jim.
- Crumpler during the years that the story took place. They
were also employed by various landowners in the community.
The Terry family consisted of the parents and four grown
sons: Axom, Mage, Ben, and Manz.

One spring night in 1896, someone went into the Thomas
home and raped and murdered Mrs. Van Thomas. After the
murder had been committed, the murderer built a fire on the
victim’s stomach and set her bed on fire, attempting to burn
the evidence of the crime.

The mattress, made of feathers, began to smoke immedi-
ately and the murderer was sure he had started a successful
fire. Homer Thomas, asleep in the next room, was awakened
by the thick smoke. He thought the house was on fire. He
awakened his oldest sister, Vallie, and they carried the
other children outside the house for fresh air and safety.
When he went to free his mother from the fire, he found her
dead in the smoldering bed. Homer grabbed the kitchen water
bucket and poured the water on her body; then he ran to the
well for several more buckets of water. He was successful
in extinguishing the fire.

Being desperate, the Thomas children ran to the home of

their neighbors crying that someone had murdered their mother

and burned her bed. Upon investigation, the neighbors found
that what the children had told was true. The splinters on
her stomach had gone out before they had burned her body.
By dawn, news of the hideous murder had spread. A posse
of neighborhood men gathered at the Thomas home to begin
their search. It had rained early in the night before the
murder had been committed, and footprints were easy to see
in the mud. The posse of men, led by Coffee County Sheriff
J. B. Lightner, followed the man’s tracks which led from the
Thomas home. The murderer was tracked to the Terry home,
about three-fourths of a mile away, but Mage was not there.
He had already fled into Stripling Creek, where he went into
hiding. The creek area was very thick, filled with murky

the last hanging 137

water. His brother Axom lived nearby and carried food to
him at night. :

News of the brutal* murder spread over Coffee County
rapidly and large search parties soon covered the area. The
citizens were angry, and for weeks public opinion ran high
about the uncaptured murderer who remained in hiding. Some
people thought that he had succeeded in running away from
Coffee County and maybe rejoining the white Terry family
in Georgia where Mage was born.

After several weeks, Mage Terry was captured along
Stripling Creek by Mr. Aaron Helms, who was a bailiff in
Enterprise. He scouted the thick creek area for days before
he was successful in the capture. After taking Mage into
custody, he was brought to Enterprise enroute to Elba to be
put in the county jail. On Main Street, about where the
present First Baptist Church is located, Mr. Helms asked
Mr. Bud Brooks of the Calvary Community to watch his
prisoner while he went into a store for a few minutes. As
soon as Mr. Helms walked away, Mage Terry leaped to free-
dom and dashed away before Mr. Brooks was able to stop
him. He followed the branch down the present-day Glover
Avenue to the bypass and on to the Enterprise Country club
area to his familiar stomping ground and hiding place.

Tension was great throughout Coffee County again and
great effort was made to recapture Mage Terry. A reward of
one thousand dollars was offered for his capture. Early one
morning, after the dogs had barked all night, Mr. Jim Crumpler
Started to his barn to feed his livestock and Mage Terry was
Waiting in front of the barn for him. He told Mr. Crumpler that
he knew he was going to be captured, and he wanted to give
himself up to him so Mr. Crumpler could collect the reward
money. For his safety from angry mobs, Mage was quickly
hidden in the barn where he had spent the night before. He
was kept there until he could be turned over to the proper
law enforcement officers.

Sheriff Lightner and his son Otis, who was deputy sheriff,
took Mage Terry to Ozark to the Dale County Jail for his
Safety. After several days, the sheriff decided it would be
Safe to return his prisoner to the Coffee County Jail in Elba.


one knows what happened to him after his release, as he disap-
peared from history.

Mason said, ‘‘I’ve made cradles and caskets, but this is my
first electric chair. And if I were called upon to make another, I’d
flatly refuse and pay the penalty. Whatever it might be, it could be
no worse than a troubled conscience.’’'®

There is a third unit of the Penal System near Atmore, the At-
more Work Release Center, established in December 1972. It
employs a staff of twenty, has a capacity of 112 inmates, and its bi-
weekly payroll is $12,368. The inmate, his dependents, the State,
and the Federal and State Income Tax Systems share in the payroll.

““Work Release is an important element of the correctional
system under which selected inmates of the Department of Correc-
tions are allowed gainful employment on a full-time basis outside
the institution. The participants return to custody during non-
working hours. The fundamental purposes of Alabama’s Work
Release Program are to assist selected inmates in preparing for
release and to aid in making the transition from a structured in-
stitutional environment back into the community.’”!’

SOURCES
1. A letter written by Jacob L. McGowin, Jr., in later life to
historian Ed Leigh McMillan and pub. in Genealogy and
Related Papers of the McGowin Family.
Minutes of Commissioners’ Court Book A.
Standard Gauge, September 4, 1890.
The Mobile Register; Standard Gauge, September 4, 1890.
Birmingham paper, Oct. 9, 1890.
Montgomery Advertiser, Aug. 12, 1891.
Pensacola News, Jan. 20, 1891.
Letter from Watt Espay, Jr., who researched and published a
book, Capital Punishment in the United States, at the
University Law Library in Tuscaloosa; The Birmingham
News, July 8, 1893; Alabama Reports (97 Ala. 37) Supreme
Court of Alabama, Hodge v. The State pp. 37-41.
9. Pine Belt News, April 9, 1895.
10. Old newspapers.
11. Old county newspapers, 1904-1906.
12. Reeves, B. R., Alabama Prison System 1820-1855, pp. 10-11.
13. A Brief Outline of the Alabama Prison System, State Board
of Corrections.

ON AAR WN

384

14.

15.
16.

17.

A news release, May 23, 1974, by the State Board of Correc-
tions.

A Brief Outline of the Alabama Prison System.
Information from the State Board of Corrections; Birm-
ingham News, August 2, 1891.

Administrative Regulation Bulletin No. 410, May 19, 1980;
Information furnished by Mrs. Margaret B. Griffin,
secretary to Mr. Ron Tate, Public Information Office, Board

of Corrections.

385


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if abrcang. 16,1978 Onde Soe ture aes Teg Ae for Ue

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ESCAMBIA COUNTY...

KC. 3, Bary ALT |

Sneerlon, Al. 36426
Dek. 30, 1979

Sear Ww Expy |
Asperred ree AGmavenriiig. .
Shark q ete in the apubbeahiney
Y an Excamba. 6 ! Wako dnd the fin back.
Cony . Jo ame the Eee 2 F ey Ae how
tang 1905 tg AX: Mantschy , Collin Hantech Draw Cap -
Tink te Laced, wer beter Cpprekindidd a Musrecre,
pelinnd © pol tie and Commilid eutecile. ty drnhs
a bible ict. JreDman Hee o crupplocl cleat
rehire | the pew d) a Aocler , Meee: Mareechy wees pol
ee rnac av B wkTher Conlibrtil materiel wih te
pubtiahed. ots Madaect. ov Av-tin lee ta fee ptbcalion We
Kane |

a

Shane resareled The Munaliw on aasagl
1996. Bf 2 fond onli, me suanbily ce og?
the information?

. a

GL! hated’ Boe wae ees


BACKTRACKING

IN

BARBOUR COUNTY

A Narrative of the Last Alabama Frontier

BY

ANNE KENDRICK WALKER

“A record of the county is a mirror of the lives
of the people.”
—THOMAS McApory OwEn,

Founder of the Alabama State Department of
Archives and History.

o

eae ¥ \ar=
a _ JAMES BARBOUR
- From the original portrait by Chester Hardin , Now in the possession of Mr. J. Seymour T.
PS $ Waters of Baltiinore, Marytand.
é Reproduced by courtesy of Frick Art Reference Library.

1941
THE DIETZ PRESS - RICHMOND, VIRGINIA


(Chapter 1

STORIES FROM DALE’> PASI

| N THE early days of our state, life was simple and population
so scattered that there were few departments of state govern-
ment. The sheriff and justice of the peace administe-ed most of
the laws. ;

This chapter includes some of the early crimes and hangings in
Dale County. These episodes should not give the impression
that a large number of its citizens were lawless. Most were then,
and are now, law-abiding people.

HANGING OF BILL SKETO

For more than half a century the story of the hanging of Bill
Sketo has been passed from one to another until almost everyone
in southeast Alabama has become familiar with it. It has been
given widespread circulation through the public press, including
many Southern newspapers.

Bill Sketo was born June 8, 1818 in Madrid, Spain. He came
to this country when a small boy and settled with his parents near
Newton. Bill became a Methodist minister and preached in
churches around Newton.

He enlisted at the beginning of the Civil War and served two
or three years. Upon hearing that his wife was seriously ill, he
came home to be at her bedside. A young man agreed to go to
the front and fight for him so he could return home to see his


st aichabaieke ia cpa ast euabe Saar sabe stu dsciebeha iste elas reper oye pre Pee PST TTT VTSSTT 7-7 cai cabaMenash Gi aaa absitthtaibetebe tn esltabvititeait «is

ot Spey ratte ee —_ “ ‘
Fess ROSE GRE CHEK PET PRE RAPE ENE SI INR PTI EM ee umene

18 FORGOTTEN TRAILS

Standing over the trap of death today does not excite Henry Dun-
can. The Savior gave up his life, and all must go the same road,
old and young, black and white. I am not laboring under any
excitement but stand today and speak as a condemned man. I
am resigned to my life. I acknowledge my part of the horrible
crime, other parties though ought to stand beside me. Let me
go back to my youth and follow my life up to now. My father
died in the Confederate Army, fighting for his country, and his
youngest son stands upon the gallows today. 1 was raised an
orphan by a prayerful mother and always found her words to be
true. I have known what it was to be hungry and bare of
clothes, but it was the best my mother could do for me. I have
known what it was to have the kicks and scorns of life, but have
struggled through by the help of God.

‘“‘T attached myself to the Freewill Baptist Church six years a-
go and was baptised by Rev. J. C. Hendley and was licensed to
preach a short time afterwards, and look where I stand today, all
on the account of a flattering girl. I was working for fifty cents
a day for John Q. Baldree, father of the young lady, when she
first began to make love to me. I was honestly earning bread
for my wife and helpless children. I came from the field one day,
hot and tired, and in her father’s own kitchen I said to her,
‘What do poor people want to live for anyway?”’ and she replied
that she wanted to live just to look at some people. I asked her
who she wanted to look at and she said, ‘‘You for one.”’ From
that very time the devil commenced. I at first resisted it, but her
influence overbalanced me and I began to meet her on halfway
ground. I am ready to tell the whole thing. It began to grow
stronger. I would meet her in different places, in her father’s kit-
chen and at all times she met me with that same sweet flattering
smile, and one morning in her father’s kitchen she sat on this very
knee, threw her arms around my neck and says, ‘“‘Henry, I love
you more than I can tell.”? Notice the inducements from this flat-
tering girl. She says, “Henry, if your wife was out of the way,
and I was your wife, I would meet you at the gate with a smile
of welcome on my face,’’ and, people, I am not afraid to stand
here today over this death trap and tell the truth in order to
meet my God in peace.

“I feel today that I will meet Dolly, my murdered wife, in
Heaven, and get her forgiveness. I have taken my case to God,

STORIES FROM DALE'S PAST 19

and may the other guilty parties do the same thing and get for-
giveness for their awful sin. People, the existence of love did not
stop here. I would lie in her father’s house in a little shed room
on the piazza, and this flattering girl would come to my bedside,
kiss me, hug me and tell me to get up and come in the kitchen
where she was cooking breakfast.

‘‘T appeal to you people to look at the inducements she offered
me and the circumstances under which I was placed. I am one
of the guilty parties, and John Q. Baldree and Georgia Baldree

_are the others implicated in the crime. I stand here today over

the death trap for a crime of which I am the only one convicted.
The other parties stand innocent in the eyes of the law, and I
pray God that they may stand justified as I do.

‘‘Now as to the understanding between John Q. Baldree and
I, he was the first man to mention quitting my wife. He said,
“If you will do it, I will go to Newton tomorrow and get you a
bottle of morphine and it’s understood it is to be given your wife
for neuralgia.”” He furnished the money, I never had a nickel,
bought me the morphine, gave it to me, and I carried it in my
pocket several days and could not get the courage or did not have
the heart to give it to Dolly, my wife.

“It was an understanding between me, Baldree and Georgia
to marry. He told me in Georgia’s presence how much of the
morphine to give my wife, but [ could not do it. I gave it to
Georgia one morning and told her it was her business and she
could do it if she wished. She went to my house, prepared the
medicine for my wife and told her it would help her neuralgia.
She came back through the field where I was plowing and told
me what she had done, and told me when we would be married.
She also said Dolly said for me to go home, but if she was me
she wouldn’t do it.

‘That night after supper I was sitting on Baldree’s piazza
talking to him and all of a sudden I got restless and could stay
no longer. I left and went home and found my wife lying on the
bed very sick. She told me she could hardly breathe and felt like
ropes were tied around her. I waited on her patiently, for dear
people I was sorry it had been done and if I could have called
it back, I would have been the happiest person in the world, for
I had a dear good wife and she loved me too. I sat up with her
all night and did all I could for her. I put no poison in my

PR INARI EE Pep aaa

spre ante


i} Bax ee ist Or} ‘of Dale County, Alabama
| Pe > 1824 - 1966
Edited by
illiam R. Snell


Linn gy sansa bse ten

cine Mp sila es ili

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16 Tvs RE ene aes POROOTTEN TRATES Maa

ailing wife. The Home Guards did not + like this and said that
Bill was a traitor to his country. Captain Jim Breer’s Home
Guard decided | to makes an example of him. He was to be
hanged.

While preparations were being made for the pei Wesley
Dowling passed and saw what was to happen. He promptly told
the group that there was a better way to punish him. The cut-
throats threatened him and continued their preparations. Just be-

fore the hanging, the bloodthirsty band tied a rope around his

ankles and drove him around like a hog, jerking him to his knees.
James W. Judah was sitting on a log beside the victim when
a man..named Ardis approached and placed the rope over Bill’s
head.
As Bill neared, his fate, he was asked if he had anything to
say. He told the bloody group. that he would like to pray:
They thought that he wanted to pray for himself, but he prayed

for his murderers. This so stung them that they. quickly- threw. the’-

rope over the limb. of the. post oak_ tree. ‘and pulled the buggy
from under him. . He died without having finished his prayer on
December 3, 1864.

The gallows limb pointed southerly. and was so low that his
feet touched the ground while he struggled with the last enemy of
man. George Echols took his crutch and dug a hole under Bill’s
feet so they would hang clear. From that day until now the hole
has been cleaned by some strange hand, seen or unseen. Thou-
sands have personally noted this strange phenomenon. ‘It has been
ee. that Wash Reynolds, who sympathized with the doomed
man, kept it cleared as a reminder to those who took part in the
misdeed or sympathized with those who did. Uncle Wash, when

asked, ‘said he was not re: Sa lth t, and rae ae omners pou a3 3 i

it’ than other ‘people. “Many have” aa th filled
the hole with trash. Upon their return, they ree it cleared.
' In 1871 Thomas Fain built a bridge near the site. When it
washed away, John Knight was employed to build another to take
its place sometime in the nineties. .

Later A” E. Roundtree, a prominent citizen living three miles
south of Newton, and his brother, Thamas, were employed to wall
up and cover the new bridge. . They pitched their camp under
the same oak tree. Thomas was nervy and not afraid of spooks.
He wanted to make their bed over the hole. His brother felt a

: STORIES FROM. DALE’S PAST:

bit ‘uneasy ‘and »placed the bedding a little 1 to one . side, i
watched the hole with a zealous eye. They said it was filled each
night. 9; aUpon, pring the next morning sire! discovered the;hole

free of trash.: ee sta Auth aa OO:

., Six men tok; part in The ehanciog. All or | ineasly all had mys-.

alee, deaths.’ ;, One was riding along:on a» still. day and .was: of An

instantly’ killed when «a ;limb fell upon him. A mule ran away;
with another and killed him. «It is said that lightning killed one,
and another of the murderers was found lifeless in a swamp.%The —
Bible says,),*‘for. all they: phat take he words shall perish with the |

sword.”? 250 Hh } jaa Sopa en

After. the hanging’ Josh Moers Bill Ard, "Dave Youngs and ©
James W. Judah took the body down from the tret, and laid it
out in a nearby cotton house. Bill Sketo was pares at Mount
Serer foes pene near Newton,

ORE

pie HANGING. OF REV: “HENRY DUNCAN *
‘Rev. Henry Duncan was haneed at Ozark on “Friday, Feb-

uit 21, 1890... The crime for which he was hanged was per:

haps one . of the most heinous ever recorded in the annals of
Alabama’s history.

The crowd, present to witness the execution and to hear the
dying statement, was_ variously estimated at from 5,000 to 10,000
people. Sheriff Burt Byrd and Jailor L. R. Barnes went to the
jail about 12 o’clock noon. The doomed man was shaved and
dressed and preparations were made for the execution. He was
conveyed from the jail to the gallows in a carriage drawn by a
pair of fine horses, in company with the jailor, sheriff, clerk and
guards. While on this very solemn journey , he smoked

eae and, recognizing ‘serveral fr iends, spoke J to, them, calm] ¥:

Upon arriving he ‘entered the eallowe the hand cuffs were re-|
moved, and he was seated and talked a few minutes with those
on the inside. At seven minutes past one o’clock, he ascended
the gallows accompanied by Sheriff Byrd and Jailor Barnes. Look
ing over the multitude, he addressed them as follows:

“Honorable Gentlemen and Ladies, one and all: I desire
to make my last speech to a congregation in this world, and in so
doing I don’t want you to misunderstand me, for what I say to-
day will be the truth, and I call upon God to witness this fact.


es , als ~ pares 7 -
Ph pe a fe ait ii i ; a we van ea t ce a i 4 i “ae mh “ty Ae a wipeh gate ti
“gods ld. We a iat kK AU fy ih da it sh Aa, iene it ‘al agg Ed
i t
4 i
Chilton County and Her People (83) }
Her ple Bes, f b
oo THE BLACKWELL CROWD |
ARS PAST Shortly after Genera] Robert E. Lee surrendered to eneat nf
ied, Grant and peace was made between the North and the Sout bes
in nea old ene there was organized in Alabama what was known as the Black. "
© average. This was the well Crowd, which wag composed of discharged

Welve or fifteen years old.

men was
' ‘oughest and most heartless people that coy]
.StIsp and frosty, the boys be ie ‘ie
into giving them A shimmy their purpose was to round up all the Yankee

e Confedera
such @ person was found he was nearly a]
ars ago it wag not uncom-

rs of the

said to be the
d be found, and
sympathizers in

te Army. When

wavs hanged to a
tree or ruthlessly slain in Scme other n.enner. &nd im other caseg
' shoes soon after leaving omes were burned, horses and Stocx taken and barns burned, i
itry for her suttor to carry The barn of Uncle John Baker was burned and Several fine
othing of Walking gix op orses were taken from him by the Blackwell] Crowd. Ander.
eil as nights through the son Heneyceutt, «-) 5 lived cn Yellovy Leat Creek, wag Ned by a
Ing on. Square dancing the Blackwells. fi
ne, Which wag rind At the close ot the war Abrem Mims was living nea» Blacke of:
ed until nearly daytighf, snake Creek half 2 mile above what isrow Clanton. M+. "Mims
én of different com- pos 4 g00d liver and had lots of stock and plenty of pre visiong, cd
$ quilting Parties, @ “Vas too old to vn ty the army, Lut Was charged with being er
‘in Chilton county, like a Yankee 8¥mpathizer and of assisting the deserters. ' The “a
uth, had pecualiay ways Blackwell Crowd “ame for him, and ufter taking his horseg- _
ish. lang age and used and cattle, prepared everrthing to hang: the men to a tree near RS
t was “a lus,” a clothes his home. The “towd swas all veathered around and were play- , a4
ley usually feferredg to mg tiddles and dancing, generally making merrs over the rh
nt so schogl to “larn” anticipated hanging of the Yankee Ampathizer, Before being i
‘so re | “edicated.” carried to. the noose, however, Mr. Mirts asked to get a drink Ve
d fc ints, “spiled’*. or of water © Went around the house ty the wel, and it being mea
ne they “drapped” ; only a few Yards from the thick sWamyp of Blacksna ke; Mimg ae
ops; “brung” in: wood iy Made it to the marshy thicket. Members of the Blackwell] gang ae
i for chimney, “Injun’® Jumped on their horses -D persuit of Mima, but th@ her... ; Talred. i Nas ge A ‘
oricreek ; wo th “had own in the sot ground. Mims, being on foot, managed AG _ he
, ‘kim for cht skene wade on througy the 8Wam) and got across th: creek. : F a : ge
Md Bay “T'll be there The fleeing man was attempting to get to the camp “f some tid.
i Xyiar ” meant car, fifty deserters who were stayimg about where the Bi:m ngham pa
| 'ssen, younguns, Highwavr now GOES invcough the Wilis' and Bruce Property ma
eant Legislature, and @bove Clanton. Some of the Black wel} Zang had male Way | we
or “foteh”? was used fround the swamp ard Were In close persuit of Mims, when bul- #
hat spoon” was often lets began to s

ing between the Blackwelf Crowd
Caniy =d -ieserters.

When one of the Blacky-e]]
shot off | Ya cléserter, ther ‘yheeled their horse
be. There were about twen

-

ty men in the Blac

ase

and the en.

men got his hat
S and Jerr Mims

«well Crowd, ro
In charge of the voInpany of deserters was John Was Du-'
ose, whose home Was just across Poley Bridge Creek from!
: what is now Clanto:'s negro quarters. The deserters were well
armed and m every way Prepared to rrotect themse ives, i“
¥ i
‘ b f 4
i . et
rw Pn Peer ae is ial Pattee a wes *
; iy ey < A : ; é is Her :
“Ae Pd ae ew bho anes
4 a ’ A 5 oy ‘
re | ? ‘ * , ; “ r ae
h +4 hg om E
; * ad % z 4 ie 5 ; 1
ae ed ‘ phages
onedgh { a * ye iosthitnaay Serf Co ee a Bo Sandpl acle is at


ee HoT) wee, fe

1st JUDICIAL CIRCUIT

al Choctaw County O Clarke County ~ () Washington County
County Courthouse County Courthouse County Courthouse
Butler, AL 36904 Grove Hill, AL 36451 Chatom, AL 36518

(Please reply to address checked above.)

Mr. Watt Espy
Box 6205 - Law Library
University, Al. 35486

Dear Sir;

I am sorry this office cannot help you in your research. Our courthouse was
destroyed by fire and all records along with it.

If we can be of any assistance with records of a later date, please feel
free to call upon us.

Donald R. Gibson,
Circuit Clérk


Fo a Oe eS ha - Za
as 5

Ral

thes fag ;
, f

a aa

es. “ (30)

end Bae yet

ry

; ie oa shina | as TRACT TR, are 1 ak iw BEA Ge We HL, i
Kos bs

f

*

{

y FY go a
dy ny e

_ Chilton County and Her People!

n
egies gehts

!

Ln Sie ae ee

J. i

ea

Slee <e.

a Siete, ue Say aes ES Ss +:

BS

SAE

as
Hee’: Sof by,
eae pa
ey fi
ae

a jpired

November,

Wilson, a white lady

'.,, very severely by attempt t
PRET Pe ts : bas :

AA ae ee

ji

W. T. Callen w
*, loners in 1914 w
1917, A. P. Vinson: S. E.
iad’, J Dormin
‘Wiley Littlejo
id. P. Bean and T. A. Maddox; 1631, J.
C.D. Duke: 1934; 11. E.
‘len: 1987, J. Monroe Parrish and R.
ndrew J. Davis; 1941

‘Atchison and

ard R.
Cobb and A
. Hoyt Freeman; 1949, Jim
, “wieper Toward Roper of ihe
ead in his stead was
Braty2. . Mr..
“ton county.to die in-office.
1906, and took office
ohoid fever June 26, 1907,

Mus Vitts was buried at Macedonia.
“8, 1948,

five m

about 60 years

a een ae,
faturdey morn ng, in which he brutally assaulted, Mrs! Andrew:
‘old, and wountled ‘her #,

0 take her life and rob t

ey and D.. H,
mes 2923, J,

as County Trea
ere: W. Y. Atchison and R

appointed to the
Roper was the third man in the

opthis before his term as T

Waldrop and W.«T! II
“Gentry; 1921,-C. "E,,W

M. Mims; 1925, J, L. Burnett 927, 135

Robingon ;

Dunlap

Tom Taylor d

surer in. 1907; new Gommis- .
. J.’ Williams; .,

E. Cobb:

Li, Ousley;'1939, aM
» Howard Roper and ,
} and Neal Harrell. Comm‘s- © “t.
First Distriet died October-5,:1948, |).
id ah Ae bene of
story oF Chile “opin ae rece
Folix J. Fitts was elected Sheritf in i dakar
January 14; 1907; Hetdied) jf %.0  oeuy N:
at the jailer’s house

$
ax Collector had ex-  ¢4 wi

1%
a}
ee -
2 . '
! See & } hook
‘ te Ls} :
WW. ; ‘
i My : wad f
r eats t oy
yt } 14 mn ke
. i f mm een
y hae tee’ ¥ igh; ye)
\ Lao age te ae {is
nih om ; Je 4 arene,
4 | eres
i ‘. ray 3 4 Ay v
“}

4s Jonatha.
ies * followed by
he house. Ay ~p:

ye aes

4

Moy we, Callowe

1 WM. Pol
eps" £1914,
+ « Commission
«i, Seounty wart
yoy pnd build +.
| la.) dektedaers::

1938, J. G. fy "ty: politics:
19?5, How- * { % y «While.ey

wm

ee

ene

errod 3/1919, :
alker and J.

Marin 1912.
‘ust Most c
saved, they |
re Anew: build
OE ibion of Pr

nn}
;
f

¢

1
’
$

Co i,
‘ ' ob
4 ; ’ a , fe
i : bbe: ‘ a iy +.
j 4 Saanton, Rey Brom, tie
led January “strongly: heli

('vand general

ry Sed ; isa §
ae wae NY ms Ce wee ¥ 4) Conimission:
cae ine _—- r -~ *1> ® Robinson. ‘5
ies ae a OF: publics |
i i mye ey oy Baker Cour
Rog wal Mpa “ps PO Wma: Col!
oF a 4, BEA $45.09 Lc
un ) ba ey ; 4 tion, and Lh ‘
Ea eee A} -precinets in +
yt Bat, ‘e HH: | hie 4 Now files
iat Suess oe e any of the ox.
eee PB ayas-printe?
cae PE ge bly Nests
i i i‘ \ ated a prin.
fv ged ts ‘Record ha
* ares Rt tom. “Thevolde.
aes oh 4 ;

5 ae hs hin sek hs. ib cis

4

Street scene in Clanton taken before 1900. Note
the forefront where

¢

Sat | , Ue Wate Rien Pi
fens ih ia Ba tile ad li lh Sah
a 4 tN

Fe
ste

rm
the'hitch

f

ae
Clanton Cash Store js now; located, Ay
; i teed n+ H 4 aye ghtig £

; ALS OG

ea he «W }

Bk 0h, hint AD. oh fe AB “ck.
f H ab \ } a

ay, Oy na fa ers y

ed Ms Ara:

¢ “ ; iB. ee i.
Ing stoundin , 3; tw AY Uni derral


rae AR

ae
<b e So.
2 oa

ip. —,

eee

(84) Chilton County and Her People

Older residents say that it, was not long after the reign and
departure of the Blackwell Crowd that the Scallawags and
Carpetbaggers from the North came in and took charge of the
people, their government and everything. They did not kill
any of the southern people, but were said to have made life
mighty hard for them. Much property and many homes were
destroyed by the Carpetbaggers,

A total of seventeen men in Chilton County were killed by
the Blackwell Crowd immediately following the close of the
War; most of them were from the northern part of .. the
county. Some of the men composing the Blackwell Crowd
were killed by the citizens of the county, who were tried in
Court and released. A man by the name of Cobb wag among
the Blackwell Crowd, who captured and killed Cobb’s brother
as well as another man by the name of Langston. Both lived
in the northern part of the County, The Blackwell] Crowd op-
erated in outlaw fashion in this section during earl reconstruc.
tion davs and following the war between the Nort and South.
Iam indebted to My good friend, Mr. A. H. Glasscock, for some
interest'ng data on these operations. Many of the citizens in
the northeastern section of the county know about the old Jim
Cobb prlave near Stumps Hills and the sour apple tree to which
he wes hung. Now Jim Cobb wag noi hung by the Blackwell
Crowd, but he was i sympathizer with them and a staunch be-
liever in secession. 1 s supposed to ha ve been Union sympa-
thivers who strung him iy) Another man supposed to have
been killed by the same hunch was Burt Sawyer of the section
now k»own xg Sawyer’s Cove. The Blackwell] Crowd operated
out of Montevallo and were secessionists to the nth degree;
theyr . ded up men who were suppossed to have been Union

(Bympeihicers during the war. Men whose brutal death are

charged to the Blackvel] Crowd included: Charlie Cobb (a
brother to Jim) who lived back toward Montevallo, Jonathan
Huckabee of Union Grove, Willis and Jack Langston of Dry
Valley, Mart McDaniel, Thames Lowery, and Anderson Honey-
cutt. The story goes that Waiter (Wait) McGraw was fleeing
when Jim Cobb wag being captured, and ag he went across 'a
hill from the pursuers they shot hig coat-tail off and stung him
with « bullet or two, So, it will be seen from the above that the
peop:e of what is now Chilton County have always had diver-
¥ent political inclinations.

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3 Fayette Hangings

build a defense. Kirby was sentenced to hang. Efforts were made
requesting the Governor to commute the sentence from death to
life inprisonment. The Governor refused.

After the death of Kirby, his confessiom was published in a news~
paper showing a family feud of many years standing “growing out
of most unnatural causes". The date of the hanging was June 15,

1860.
ok Ok Rk kk Ok

From research of M.T.C.

— 1850 Census Pickens County, Alabama

1530-1578 Arhibald Kirby age 53 farmer born Va.
Elizabeth 53 N.C.
Polly A. 18 Ala.
Susan Jd. 17 =
Lucy A. 25 =
Noah 12 ts
Elizabeth 9 1%
Gaswell 23 T@énn.

Archibald, above, was the father murdered.

15377157? Wade W. Kirby a2 Tenn.
Elizabeth 23 5,0,
Columbus 1 Ala.

Wade, above, was the brother murdered.

Many stories have been told concerning the Kirby hanging and
many reasons given for the murders. Some of these have come
from descendants of the family.

According to the recollections of several old people Kirby
gave his body to a Dr. Newton. He was later buried near New-
tonville.

Commissioners Court on Augustl8, 1860 passed an order grant-
ing the sum of $20 to J.M. Foster and his brother for erect-
ing the gallows and furniehing a coffia for Kirby. Sheriff
J.HeHarton was allowed $10 as the executioner and John C.
Robertson was allowed $9.50 for furnishing the shroud and
trimmings for the coffin.

1860 Census Fayette County, Alabama
144 -«-- Middle Division Fayette Court House June 20
V,dJ.McGill age 35 jailor-blacksmith Ala.

Belinda 32 S.C.
Rudolphus 9 Ala.
Thomas 3 "
Mary 1 T

William Kirby 32 carpenter-convict "*


4 Fayette Hangings

William Kirby could not read nor write.

i a a a a a i a 2

The last hanging in Fayette was in 1925. A tran6ient negro ra-
vished a young white woman near Stough. Boarded walls enclosed

a part of the Court House lawn where the execution took place.
Harry Mack, the negro,was working on the Fayette-Tuscaloosa High-
way when this happened. Blood hounds were used in capturing him.
He was hanged in August. The duty was carried out by Sheriff J.
T. Chambless. At the time of the trial, the negro was represent-
ed by Robert F. Peters.

ra errs a ae

200 / The County Seat in the Early 1900s

material improvements. These were to include new public and business
buildings, new schools for both black and white children, and basic utli-
ties. The new courthouse and jail were the result of countywide dissatis-
faction. Bibbs fourth courthouse, built in 1858-59, had long needed
renovating or replacing. Two decades earlier, the Bibb Blade had implied
its condition and the abuse it received: “A skunk was found in the office
of the Circuit Clerk at the Courthouse last week. The animal made its
escape to its den—somewhere in or under the jail. The Sheriff has been
busy preparing for Court. He has had the floor of the Courthouse re-
covered with fresh sawdust—a good deed.”* In 1893 the county had given
the building a much-needed roof and employed jail prisoners to construct
a new cover over the town well in front of it.* But these changes, mostly
cosmetic, did not discourage plans for a different and more commodious
edifice, W. S. Hull was engaged as architect and F. A. Dobson as contractor.

On July 15, 1902, the cornerstone for the present lofty courthouse was
laid. The ceremonies were conducted by Dr. R. W. Cunningham, Grand
Master of the Grand Lodge of Alabama, and participated in by members
of all the Bibb County lodges of Freemasons, as well as by a throng of
other citizens.° By the following summer, the construction had been com-
pleted and the grounds replanted.®° The hitching posts that had been re-
moved earlier by the mayor had been returned after an outcry from the
visiting farmers, who were forbidden to use the young trees for this pur-
pose. The editor of the Press congratulated Probate Judge W. L. Pratt
because the cost of the new building was only $34,000 and its courtroom
provided seats for a hundred or more spectators to attend court sessions.’
In September 1908, in the first circuit court session held in the new court-
room, it was filled to capacity during the trial of the Gardner murder case.

A new jail was urgently needed also because escapes continued, but the
county was compelled to wait for this facility until 1911. When it was fi-
nally erected, on the old location west of the courthouse square, it was
called the most handsome building in the county. It was constructed of
brick, marble, and stone at approximately the same cost as the court-
house, but of the total amount $5,000 was spent on execution fixtures.®
The jail that it replaced was considered too insecure to hold Tolley Mason,
the black man who was convicted of the murder of “Uncle Dick” Meigs in
March 1909. Sheriff James G. Oakley took Mason to the state prison in
Montgomery to avoid the sort of mob that the following year reportedly
overpowered a deputy sheriff at Braehead and lynched his black prisoner,
Grant Richardson, who had been arrested on a charge of rape.° After the
state supreme court refused to commute Mason’ death sentence, Sheriff
Oakley ordered a scaffold erected in the old jail yard for the execution
on August 12, 1910. He refused to admit the morbidly curious crowd of

a aS EE ee ae

The County Seat in the Early 1900s / 201

County officers in 1902 in front of old courthouse: left to right, deputy sheriffs
John Reddick and Carlisle Suttle, circuit clerk W. E. Fancher, Sheriff Edgar Craw-
ford, treasurer Nelson Fuller, probate office clerk Theodosia Pratt, Probate Judge
W.L. Pratt, and register in chancery L. H. Nunnelee, who was also Centreville Press
editor and publisher. Centreville Press, January 15, 1948. (Courtesy of Jim Oakley,
Ju, editor and publisher)

would-be spectators, but several hundred nevertheless climbed to the top
of the jailyard fence and watched the hanging.'? Not even the case of black
Alex Hill, hanged in the same jail yard on another hot August day in 1899
for the murder of Mrs. R. H. Hubbard of Eoline,!! excited such violent
racial feeling.

Rape cases, however, aroused the greatest bloodthirstiness. One of the
first occupants of the new jail, Josh Wedgewood, a black tramp and es-
caped convict from outside the county, was hanged on December 22, 1911,
from gallows in a cell in order to exclude the excited crowd that clamored
to witness his execution. After he had allegedly raped a Filgo girl near
Eoline, a mob had hunted him along with bloodhounds brought by the
sheriff's department, and he was convicted at a brief special session of
circuit court on November 16.'"

Yet, of all those tried in the new courthouse and executed at the new
jail, Clyde Wallace in the next decade probably left the most enduring


Citizens snowballing on lawn of old courthouse during the freeze of 1899, which
killed the “China trees” planted there in the 1830s; on right, snow-covered hitch-
ing post (in foreground) and town well. (From family collection of author)

Segp eR RE Hee! PMI MARL RPE tN? ROR etd CaM ORME HR aR

The County Seat in the Early 1900s / 203

«re WEST SIDE OF COURT SQUARE, LOOKING NORTH,
f CENTERVILLE, ALA.

West Court Square around 1908: left to right, hotel-bank building, Presbyterian
Church, Masonic building, J. T. Casey residence, and new courthouse, with old
town well in foreground. Postcard. (Courtesy of Mrs. Albert Perdue)

impression of horror. This yard boy of John Wallace of the Randolph com-
munity was accused of raping and murdering Wallace’ fourteen-year-old
daughter. He was pursued by the customary mob and was sentenced to death
on August 17, 1921, after a ten-minute deliberation of the jury, while state
troopers dispatched from Montgomery stood on guard to prevent a lynch-
ing.'3 Black citizens recall that members of their race were unwelcome in
Randolph for many months after this gruesome event. By the next decade,
the trap door and all hanging arrangements were removed from the jail in
favor of the electric chair in the state prison at Montgomery.

Another county facility that sometimes housed convicted lawbreakers
needed improvement but received none. This was the county poorhouse
and farm, located a few miles northeast of Centreville off Alabama 25, on
property later purchased by C. C. McGraw. Frank Connelly, prominent
in Bibb journalism and politics in the 1890s, was fined $1,500 for violation
of the county’ prohibition laws and in lieu of the fine was sentenced to
thirty-nine months in this melancholy place. The governor, however, soon
responded to a petition of Connelly’ friends to pardon him because of
his precarious health, after which he and his family returned to his home-
town, Anniston.!#

Two months before Connelly was freed from this detention house, the


204 / The County Seat in the Early 1900s

Principals in the execution of Tolley Mason, August 12, 1910, in old jail yard: from
left to right, Jefferson County deputy sheriff Etheridge; Bibb deputy Charles
Oakley; the condemned man, holding palmetto fan; and Sheriff James G. Oakley;
in the background, crowd peering over the high fence. This photograph was made
at Tolley Mason’ request. (Courtesy of Odie Hubbard)

attending physician, Dr. W. J. Nicholson, in an outburst of indignation
described its condition to the public in an open letter to the Press. “A glance

into Mr. Pippins miserable hut,” he wrote, “is enough to melt a heart of

stone.... No one can properly feed, clothe and comfortably house these
needy ones for the small amount of three dollars and ninety-five cents
per month.” At this time, the county was accepting the lowest bid for the
care of its paupers. They were all kept in one room, both old and young,
black and white, while apparently the keeper and his family used the lim-
ited remaining quarters. Dr. Nicholson recommended acquiring land nearer
the county seat and building good houses, one for the superintendent
and others for the inmates, but his plan was never acted on. Certain.citi-
zens offered charity to the inmates at Christmas. Judge and Mrs. W. L.
Pratt customarily sent a wagon-load of fruit and other good things. By
1918 the Press referred to this dreaded house as the “home for the aged
and infirm,” and to Jim Jones as its “keeper.”

Before the courthouse was erected in 1902-3, the county seat possessed

EN ee Te ee es tr ar

The County Seat in the Early 1900s / 205

three new brick business buildings: the Yeager and Reynolds general stores
at Walnut and Market streets, and the combination hotel and bank build-
ing erected in 1898, the year after the organization of the towns first bank,
Bibb County Banking and Trust Company, at the corner of Walnut and
the courthouse square. The remainder of the structures were mostly frame
and in many cases antiquated.

While the courthouse was still in process of construction, a disastrous
event on unlucky Friday, February 13, 1903, paved the way for a munic-
ipal face-lifting. The Centreville Press of February 19 carried the news in
staccato headlines followed by a story that incidentally gives an index of
the businesses on Walnut Street between Market and Cedar:

On Friday night at 10:30 o'clock the people of Centreville were startled
by the ringing of bells and shouts of fire! On looking out of one’ window,
the whole business part of Centreville was illuminated.

The fire originated in the little colored Restaurant almost in the center
of the Block, and when it was discovered it was past saving, and the residents
soon saw that the Block was doomed, and set to work to save the balance of
the town. The store of S. D. Hall, a corrugated iron building, caught fire a
number of times, and only hard and persistent work by the bucket brigade
saved the building. A small hydrant on the second floor probably saved the
balance of the town. Every glass on the front of the store as well as every
one on the south side of the Bank Building, was broken by the extreme heat.

The old warehouse next to Mrs. Davidson’ residence caught several times,
but there were willing hands to stand the intense heat which was almost
unbearable, and dashed water on the burning parts. If the Hall building
had burned, the fire would have wiped out the west side of the square and
a great many merchants and residents on that side moved out, thinking
their property was doomed. The rapidity with-which the frame buildings
were destroyed was a great advantage, as the buildings across the street
would not have stood the intense heat much longer.

The buildings destroyed were as follows: Colored Restaurant, run by
Belcher and Martin, owned by M. J. Fuller. Nothing saved.

The Gardner building, owned by Mrs. M. J. Owens, and used as a ware-
house by the Centreville Hardware Co. Loss to the company will amount to
about $800.

The two-story frame building owned by Hayes Brs., unoccupied.

The residence of Mrs. Amanda Steele. Very little household goods were
saved.

The store of J. T. Casey, most of the stock was saved.

D. J. Frazier. Groceries, stock saved.

E. Kennedy. General merchandise, stock saved.

The editor, who revealed that the buildings were uninsured, com-
mented sharply in an editorial in the same issue: “In the absence of Water


CHAMBERS COUNTY.

are lousy—They are not sufficiently fed and the only warm meal they get is on Sunday. No medical
attention is provided and they all wear Shackles.”

The County Commissioners examined the prison farm and reported to the Probate Judge: “The
prisoners look healthy and not many have died, They say they don't get any more floggings than they
rightly deserve and hardly none after they learn the rules. The convicts are doubtless worked hard, but
that is only carring out the sentence. We didn't see no lice or vermin.” .

From Coalville, in Jefferson County, on August 9, 1890, came the county report:

Food: — good

Clothing: — good

Labor: — such as imposed

Punishment: —64 whippings, mostly for failure to get task done and short cars.

Deaths: —4

Health: — 104 in hospital from ail causes

Monthly reports for a ten year period varied little from the one cited.

In Chambers County, J. R. Trammell operated his farm with convict labor. When his wards complained
of having no shoes, the inspector informed the prisoners—“They aught not to grumble about that, half

the men in the county work barefooted.”

Herrod Lisles owned a plantation near present day Abanda, in the northwest corner of Chambers ‘

County. His convicts were said to be “well fed and treated as humanely as possible under the circum-
stances.”

Available records indicate the maximum sentence, “death by hanging,” was imposed forty seven times
prior to the year 1900. The Sheriff was the executioner and the consideration for this “extra service”
was usually $10.00.

Early newspaper reports reveal the first person to meet this sadistic fate was a Creek Indian, found
guilty of the charge of murdering a fellow tribesman. The condemned man asked for, and received, as his
last request, a bowl of whiskey, which after drinking, he calmly ascended the scaffold and plunged through
the sprung trap with words of defiance for his white executioners.

100

EON Be

er saniomneans ee

ay ane

| |


CHRONICLES OF LAFAYETTE, ALABAMA

CHATTAHOOCHEE VALLEY HISTORICAL SOCIETY
Lanett - Shawmut - Langdale - Fairfax - River View
Huguley - LaFayette © :
: West Point

* KOK

Officers 1970

William H. Davidson, President

Miss Lura Frances Johnson, 1st Vice Pres.
Mrs. Nan Murphy, 2nd Vice Pres.

Brad Robinson, Treasurer

Mrs. Hugh Smith, Recording Secretary
Miss Katherine Hyde, Corresponding Sec.

* K *

Publication No. 8

June 1970

Hester’s Printing Company
West Point, Georgia

| Cfauters ude

CHRONICLES
1 OF

| LA FAYETTE, ALABAMA |
“ ou“ *"2EPS COUNTY COURTHOUSE


Te aEET SED eae +

The first Commissioners Court was held on the first Monday in April, 1833, at the
home of Captain Baxter Taylor which was on Chapman’s Trail about three and a half
miles northeast of where LaFayette is now situated. At that session of the court Judge
Thompson and the commissioners elected John Edge to take the census of Chambers
County, Elisha Ray as county auctioneer, Baxter Taylor as county treasurer, John Bean
as coroner, and William McDonald as county surveyor. 9

On April 20, 1833, the first circuit court was held at the same place. John W. Paul,
judge of the newly formed Sixth Judicial Circuit, presided and was assisted by the
solicitor, W. D. Pickett. Because there were so few white settlers on the Alabama side of
the Chattahoochee River in this region these men found it expedient to make the trip
from Russell County by crossing the river at Columbus, Georgia, and traveling along its
eastern bank to West Point, Georgia. Here they crossed the river again and followed
Chapman’s Trail until they arrived at the home of Baxter Taylor. Here, with all the
county officers present as well as many other settlers, the court convened in the shade of
a large oak in the yard. The sheriff had already summoned a grand jury. The witnesses
who appeared before the jury were examined in the shade of another tree a short distance
from the first. Several true bills for minor offenses were returned and then the court was
adjourned. 10 .

A special act of the Legislature defined the duty of the court house commissioners
as that of selecting the seat of justice and supervising the erection of public buildings for
the county. When the commissioners met to select the site they disagreed at first because
each of them wanted it to be located on his property. Thomas Russell then suggested that
they choose a place as near as possible to the center of the county and the others
approved the idea. The site which was finally chosen is the northwest quarter of Section
13, in Township 22, of Range 26. This site, the present LaFayette, is only two miles from
the exact center of the county and is on a ridge separating the waters.of the Chattahoo-
chee and Tallapoosa rivers.'' At that time the area was in the depths of a primeval forest.
Not even an Indian trail passed through it, for the nearest Indian village was several miles
away.

An act of Congress had authorized the entry of one hundred sixty acres of land for
county purposes in those counties created from the Creek cession. When this had been
done by the commissioners the land was laid off into streets and lots by the county
surveyor, W. M. McDonald.'? For this work he was paid ninety-four dollars while the
axemen and chain carriers were paid at the rate of one dollar a day each. 13

A public square in the center of the town site was reserved for the court house. A
temporary building of split pine logs with a dirt floor which was twenty feet square was
finished between April and June 3, 1833. The Commissioners or Orphans court, which
had been meeting at the home of Baxter Taylor, was held at the court house for the first
time on that day.'* For the next two years this building served not only as a court house
but also as a church for all denominations and as a place of refuge from threatened Indian
attacks.'° Judge Ptolemy T. Harris presided over court here and it was also here that the
town’s first lawyer, Evan G. Richards, began his law practice. The first trial in this
courthouse was that of an Indian accused of murdering another Indian. He was convicted


|
i

Blasingame, Chambers Co.; 5. Miriam Sarah, b. ISIG, moa Mr. Jones, renioved to Upsher Co., Texas;

6. Julia Musick, b. 1820, m. a Mr. Kendall, removed to Upsher Co., ‘Vexas; 7. Phebe Musick, b. 1822,
m. John Morris on July 12, 1836, removed to Upsher Co., Vexas; 8. George Washington Young Musick,
b. 1821, removed to Upsher Co., Texas; 9. Angaline Musick, b. 1825, m. a Mr. Sessions. Angaline died
before 1857.

McCANTS: Dr. Robert J. P. McCants, 1$13-1S49, married Caroline HK. MeCants. b. IS15. Issue:
(1) Robert Allen G. McCants, born S.C., 1836; (2) Victoria J. McCants, b. 1838, married William H.
Nunnelly, of Spalding County, Georgia; (3) Amanda L. McCants, b. 1840; (4) Lois R., b. 1843; (5) John
J., b. 1844; and (6) Robert G., b. 1850.

Dr. McCants was killed on November 21, 1849, by John, a slave belonging to the doctor. - Judge
Clement Forbes was appointed council for the accused, with Johnson J. Hooper prosecuting for the
State. Under the Alabama law, the jury, in addition to returning a verdict, was required to assess the value
of the slave. Placing a valuation of $975, the jury returned a verdict of guilty. The Judge pronounced
the following sentence:

“It is ordered by the court that the defendant John, be executed by being hanged by the neck until he
is Dead, Dead, Dead, and that Friday the 5th day of April next, between the hours of ten o'clock A. M.
and three oclock P.M. be set apart for John’s execution. The Sheriff of Chambers County is hereby
charged with the execution of the sentence.”

Allen McCants operated a mercantile business and tavern in West Point for a number of years. John
attended school in South Carolina and Tennessee, followed his father’s profession and became a
physician. He served in the Civil War. Lois married Dr. Asa W. Griggs, a proininent and highly respected
physician of West Point, Georgia. Mrs. Caroline E. McCants died 12 October 1886,

‘McLEMORE: Charles McLemore, b. — J married Ist liza Smith, daughter of James and Clara
Smith. Eliza was born March 11, 1811, Jackson County, Georgia. Issue: 1. Ann E. McLemore, b. August
18, 1828; 2. James J. McLemore, b. January 8, 1831; 3. Martha J. McLemore, b. September 28, 1833;
4. Kenon O. McLemore, b. October 21, 1835; 5. Eliza $. McLemore, b. December 25, 1838.

Charles McLemore m. 2nd Edna A. Cockran, in Georgia, and they had one issue: 6.-Corsine McLemore.

Charles married 3rd, Mrs. Mary F. George on April 3, 1855, at Lalayette, Chambers Co., Ala.

McNAMEE: Thomas McNamee of Enniskillen, Ireland, was the father of four sons. Ruben, Charles,
and James Munroe came to America and scttled in New York City carly in the 1800’s. About 1830,
Thomas, the youngest son came with his wife Mary Curran.

Around 1833, Thomas and his wife Mary moved to Murray County, Georgia. While residing at this
place, about dusk one evening, a stranger rode up on horseback and asked if he might spend the night,
as was the custom in those days. Thomas extended his hand. asking where the stranger was from. When
told Enniskillen, he asked if he knew Thomas McNamee. ‘The stranger replied, “Yes, he is my father.”
It was James M., the brother Thomas had not seen since he was a small boy. James remained with the
family and after the death of Thomas removed them to LaFayette, Alabama.

_ James Munroe McNamee died at LaFayette, July 5, 1859. A master boot maker by trade, his ledgers
reveal the names of the wealthiest patrons in the county. Specializing in imported calfskin boots,
priced at $20.00, his assistants were John Frazier and Michael M. Kernan.

James Munroe never married, but spent his life providing for his deceased brother’s wife and orphans.

‘ Births: Thomas McNamee, b. 1809, d. Aug. 31, 1841; Mary Curran McNarnee, b. 1814, d. Dec. 21, 1872;
Mary Jane McNamee, b. Mar. 12, 1832, died young; James Monroe McNamee, b. Apr. 9, 1836; William
Henry McNamee, b. Nov. §, 1838; Thomas Jefferson McNamee, b. July 4, 1841.

James Monroe McNamee, son of Thomas and Mary Curran, married Ist Leah Elizabeth Anderson, Feb.
19, 1863. Issue: 1. Mary Rosa, b. April 24, 1864; 2. William Uhomas, b. Nov. 24, 1866; 3. Anna Kathleen,
b. May 9, 1868; «1. James Anderson, b. May 16, 1872, died in infancy.

James M. married 2nd Rowena Frazier, Nov. 12, 1874, and had one child, James Frazier, b. Aug. 15,
1881.

William Henry McNamee married Carrie Leila Frazier, daughter of John and Louisa Frazier, Dec. 1],
1862, in LaFayette, Alabama. Issue: Mary Louisa, b. Oct. 25, 1863; Leila Frazier, b. Feb. 28, 1869.

John McClelland Tucker married Mary Louisa McNamee in LaFayette on April 11, 1896. Issue:
Elizabeth, John Jefferson, William Henry, and Mary Tucker.

NICHOLS: William M. (Billy) Nichols, b. abt. 1804, Ga., married Ifenrietta — , b. 1814. Issue:
1. John Nichols, b. abt. 1834, m. — ~~~. Issue: (1) John Nichols, Chambers County; (2) James
Nichols, removed to Texas; 2. Miriam Nichols, b. abt. 1840, 10. Silas Moreman; 3. Sophronia Nichols,

285


Ce Ey Gok

wha

| ; _ Watt Espy, Jr.
@ Post Office Box # 67

Headland, Alabama 36345

14 December 1976

The Clerk of the Chilton County Court,
The Chilfton County Court House,
Clanton, Alabama 3505.

Dear sir or madam:

I am currently engaged in research on Capital Punishment in the United States which I hope tc
culminate with the publication of a work which will contain a brief biographical sketch of ac

person to have been legally executed in our Country as well as a brief account of the crimes
each,

According to records that I have received, no person sentenced from Chilton County has been
executed since Alabama began electrocuting its condemned felons at the State Prison in 1927,

However, prior to 1927, persons sentenced to die in our State were hanged locally by the

Sheriffs in the Counties of their convictions and no State Department or Agency maintains a

list of those earlier, local executions, If your office has any record of any legal hangings

in Clanton or Chilton County, then I shall certainly appreciate it if you will provide me wit
e@” names and the dates of executions as a basis for further research,

If there has never been a legal hanging in Chilton County and you can definitely confirm this
fact for me, please do so. A notation to this effect on the bottom of this letter, returned
to me, would be sufficient notification. 3

If you cannot assist me, please provide me with the names and addresses of your local Histor:
cal Society or Museum, a local Historian or someone knowledgea ble on local History, your nev
aper or some other organizations or individuals who might be of assistance,
“
Enclosed is 13¢ postage for your convenience in replying and you will, of course, be given
‘ eredit in the work itself for any assistance rendered.

Thanking you for your cooperation and with best wishes for the Christmas Season and the New
Year, I am,

4

~ Respectfully yours,


 POCe 12, 1979

Mre Watt Espy
Box 6205 -Law Library
University, Al. 35486

Dear Mr. Espy,

I was given your name at the Shelby Co. Historical Society last
week, on your research on capital punishment in our country.

I am enclosing a copy from the Chilton Co. History Book 1960
editian. I know that there was another case here in the county
but do Not have the information on it, I think the man's name
was Colburn. I hope this will be of help to you in your research.
I too am doing research in the history of the Northern part of
Chilton Co. about a hanging right after the Civil War, which
copies are enclosed. It was not a legal execution but a mob
hanging. I have done a lot of research trying to find newpaper
write ups or something other than what has been handed down during
the years and everybody has their own way hhat it happened.

If you come across anything about this I would like to have it.
If I can be of more help let me know.

Sincerly,

pee ere

Joh e Glasscock
Rt. # 2 Box 138-A
Jemison, Ale 35085
Enclosed:
The Blackwell Crowd
Legal Ekecution at Jail in 1910
Both from the History of Chilton Co. and Her People by T. E. Wyatt.


le

ler

ilton : County have been; i
19, Warl Them.*

lams in 19
1947,

sy <f wf
Constitutional Conventiotis

MN, Lowis: Hefiry Reynglds:

s from. the county in the
3i1]) Collier; 1878. J. W)
, J. 8. Edwards: 1884, K.

J..M.*Dykes$ 1890, Grial *

96, L. H. Reynolds; 1900,

; 1907, J. O. Middleton:

lomas; 1919, W. A: Rey-
rey M. Pitts; 1935, C. B.

ms i we , oe a

; i) their hdme near what
tween Mt; Pleasant: andl
1, raised artd.schooled' by
m, had all grown uap:and
mufortable and fairly well +
nodest home one night in
ne tragedy struck. Undele
onurdered and their home

ENDED, i).

Nr}

Jo.weret Moses, Robinson
rop; 1909, T. G. Milling
and I. J. Hayes; 1912,

rvice goes to Moses Rob-
ioner in January, 1877.
he signed his name as
af two terms he served
thirty-two years. This
of any man in the coun.
e Judge L. H, Reynolds, .
over a period of forty’

4

ay
#
hays gt!

& ;
| a

. Walker; 1947, C. B. Cox,

pein

r 4 4 é
SONI en mere nee nage eceeNn, efi Seats, Ee eee

*

’

wy

on eine

Br a ns

races

FN tS ote oe. 3

». for carelessness, but noth
. condemned Negro vas never heard of again, f

or two could be

‘County took place in tient of the count:
day morning,

~But.on June 1

‘dies andochildren,

Chilton County ard Her People

t ", bsg

Legel Execution At Jail In 1£19 aes, it

) The first and aly Tepal exceution of a priconsx lin’ Chiltoa

 jailin Clanton on Btons
June 20, 1916, Jolin §, Cotte, Sheriff, j Phe cone,
dentned man wes Wiley youns, a Negro, convicts l forthe paves:

der.of Cleve Houlditel at Meplesville on May mele LALO. 8 A

ecaffold was built in front ef the jai! and a fence built around. |

it so that the public was not permitted to witness the execution, .
McNeil and Joha

Pronouncing the man dead were Drs. Cragg,
con, a Ay ;
This was the second Negro man condemned to die by the |
courts of the county within a year. Joh Lawson of Jornticon “
was given the death penalty in May, 19093 the oxecution dats ey
was set for July $ta. He was convicted foramn: dering his wife,
Sth Lowson and another Ne

Sheriff Catts was arcested and luter indicted by tho,Grand Jury

The story of tie hanging of Wiley Young, es reported in
The Banner of June 28,1910, follows: rh Sen PANG chee EE;

“A crowd numbering some 899 or 400, iInciuding a Low Ios
eathered around the jail, wheré 4 gallows
had been erected, and awaited the fing] moment when the life |
of the murderer wes to be ended. There was not much ta ha
seen, however, save the gellows, acrosy the top of whieh yer
é1rves ploea with the ropo ulfached, and oceasionally 2
sean peering through the bars of t) a yindowd

pesoner

ha the upper story of the jai! A
"Patiently the crewed walted, and sodut 20 raidulss after,
ten o’clpel: toe Goora of thie jail were ovened and the esn icin.

edoman wos fed tarth, eseoried by Shortt Cotte, Daputic
Smithevmaen and Curlee. Phere was vr slight het in*the pro.
ecedings, ag the rope was too long and thaiNegro’s (cet torcha |
ed the ground at tiie first drop; but the defect vw: 3 SOON remo~'
died and in @ few minutes tlre Negro was pronounced dead py
three doctors.” coh nt
‘Another Negro by the name of Young wos lynched ia
March, 1914, the account of which in The Banner follows: “On
last Saturday nfeht ubeut 9 o’cloek abou two miles west of |.
Clanton Chas. Yotor. a Necro man about 29 years cfega, wes.”
suspended from a limb of an oat tree witha rope avoeund, hig
neck and his body Vterally. riddled by bullets, «fo the. beucz
of a violent mob ot unknown parties. ~foung was Ienehod “ox

a terrible crime which he Was. suppoccd to have comiciiad
é ‘ , he ae ko tg t : ¢
/ Ry 7a t
| ' , a’ ;
: My ;
¥! a ba fhe

| gromaraicd Henry Da- +.
vis dug a hole through the bricic wall of the jail and escaped...’

ing came of the case against him, The

a ak eats

daa as It*:is
basen nolyg con teases! having committed

ee

Abe

ealchuaeh


sar

we om
r +

ave

te

sa A oe

ts
te
t
t
5
7
"
)
’
\

In reference to the shooting of Mooney last May, he says, “No suspicion
at the time rested against anyone.”

In this he erred: for Mooney and his friends had little doubt as to the
guilt of some member of the Evans family having done it. Threats had been
made and these and the guilt of her son are now virtually sustained by
the confession of Mrs. Evans.

Again, the correspondent says that after John Evans arrest “He repeated-
ly asked to be allowed to make bail but it was refused. Neither would they
allow anyone to speak to him.”

The facts are that the Magistrate did not think he had jurisdiction over
the case and sent to town to inquire of Judge Hays and to ask him to set
bond. Furthermore, the Evans were both allowed to speak freely with friends
in private, or secret until indirect threats and implications were made to one of
the guards by one of the Evans party. The action of the Evans party on the
ground led the guards to believe that there was trouble brewing and that an
effort would be made to overpower the guards and release the prisoners dur-
ing the night. — The known character of the Evans family strengthened such
belief: The guards were almost totally unarmed. The mysterious and
threatening manner of the Evans party having excited apprehension prudence
dictated that the guards prepare for emergency. Hence, “Men were out
around the place as far as five miles on Saturday night, ostensibly borrowing
guns to guard the prisoners.”

John Evans trial was not set for Saturday. Before the arrest of Monroe,
he asked the Justice to set the trial for 10 O’Clock Monday that he might have
time to secure counsel. His request was granted. They never asked to be

allowed to waive examination and give bond for their appearance at Circuit
Court.

The guards nor their friends did not apprehend a lynching and their
precaution was to protect themselves from the opposite direction. They were
thus advised by their friends and neighbors. Citizen.

We the citizens of Baileyton and vicinity deeply deploring the course
pursued by the mob, availed themselves of the first opportunity to get a full
attendance and called a citizens meeting in the Alliance hall at 5 O’clock P.M.

August 21. J. H. Hamilton was called to the chair and T. B. Hodge was
appointed secretary.

(At this meeting, a resolution was adopted which deeply deplored the
awful deaths of the Evans men and pledging to use all means in the bounds
of prudence and discretion to bring such criminals to justice and to put the
officers of the law in possession of any facts relating to the case that may
come into our possession.” The resolution was signed by 120 citizens.

In September 1891, a group of people met with the Cullman County Com-

mission to request that they post a $200.00 reward for revelation of persons
involved with an extra $100.00 added if the accused were jailed.2

(According to old-timers in the area, it is not believed that anyone was
ever arrested in the case although several have maintained knowledge of.
deathbed confessions.)

The following letter to the editor describing Monroe Evans personal
background appeared in the September 17th edition of the Alabama Tribune.


— Cullnan County Public Library

200 CLARK STREET, N-E.

Cllnan, Alabama 35055
Feburary 2,1977

Watt Espy, Jr.
Box 67
Headland, Al. 36345

Dear Sir

I'm am writing to let you know that we did find the information
you were asking for, Cullman County's first and only legal
hanging for a crime took place on September 25,1914, when
George James was executed for the murder of Enoch Claiburne.
This information was acquired from Margaret Jean Jones book,
Cullman County Across the Years,

Also included in the book is the story of an illegal hanging.
You might be interested in that, so I will enclose a copy.

Glad we could be of service to you.
Sincerely,

Botica P Meglen

Bettina P, Higdon
‘Administrator

Enclosure

BPH: dls


Route #2.Box 286
Hanceville, AL. 35077
February 13, 1977

Mr. Watt Espy, Jr.
P. 0. Box 67
Headland, Alabama 36345

Dear Mr. Espy:

The Probate Judge of Cullman County forwarded your letter of February 4
to me for reply.

I am a first cousin of George James and the Judge felt I had more
complete information regarding his execution than did his office.

George was found guilty and was hanged on August 6, 1915. I have
the complete story of the crime in my memory, however, I do have pictures
of the actual hanging, newspaper articles and the last letter written by
George a few minutes before his death. This letter is a combination of
Last Will & Testiment as well as a personal message to his family. The

letter was given to Dr. Mcyxdory who was the attending physician at the
hanging.

I will be happy to supply you with copies of these documents if your
writtings are to be "research". If your writings are to be used as

opposition to Capital Punishment, I would hesitate to supply any information
for this purpose.

As a former peace officer, I feel we need Capital Punishment.

With kind regards, I am

Bob Higgenbotham

OTH jst (hago (ite


1 Mrs. AK, Callahan | ae pone, ALABAMA. @ )

250 né Ridge Rd. /
Taclosar AL S30

uscaloosa, A de A

|

HANGINGS OF FAYETTE COUNTY, ALABAMA
From: The Alabama Historical Quarterly - Winter Issue, 1942

Fifty-five Years in West Alabama by Hon. E.A.Powell. Copied
from the Tuscaloosa Gazette, beginning August 12, 1886.

Page 504
"There have been in Fayette County six persons executed under
sentence of death by the Courts".

The first man to hang in Fayette County was a negro slave, on
June 20, 1832. He was convicted of an attempt to violate the
person of a young white woman. Evidence was circumstantial.Al-
though there was no light in the room except for a few coals in
the fire place the young woman and her sister identified the man.
He protested his innocence and the well to do family, to whom

he belonged, put forth every effort to save him.

Peter Martin defended him but he was convicted by the jury and
sentenced to hang. Strong efforts were made for Executive clem-
ency and a large petition was made up. A counter petition was
also made up.

The largest crowd of people ever to assemble in Fayette was on
hand on the execution date. The defendant, at the place of ex-
ecution denied his guilt. The sheriff was ready, made fast the
rope, and the cap was adjusted, when a member of the family
handed the sheriff a respite from the Governor, postponing the
execution for three weeks. There were two more short respites.
The defendant was finally executed still proclaiming his inno-
cence. Mr. Powell does not divulge the names of any of the part-
ies concerned.

KK OK MK ok Fk OK

I have never been able to get the present day Clerk of the Ala-
bama Supreme Court to reply to a letter, so have done no re-
search on the above hanging. M.T.C.

Page 504 Powell

Three negro men were the next to hang in Fayette County, for
murdering their master, a Mr. Swearingen. The murder took place
13 miles south of Fayette Court House. The Swearingen family

was moving to Mississippi when the three negro slaves ran away
and had started back to Georgia. The young man went back for them
and had them hand-cuffed together. They went before while he
rode behind on howse back. One negro found he could free his

hand and they conspired together to murder their master. One


540 ALABAMA HISTORICAL, QUARTERLY

{The Tuskaloosa Gazette, October 13, 1887.]
CHAPTER XIX

Passing from Blount to Walker county, I will simply say
that I have attended sixty-four terms of the Circuit Court of
that County. It would simply be impossible for me to transfer
to paper the scenes I have witnessed at these courts. Large
crowds would assemble together at nights,—some to engage in
their revelry and others ,perhaps the largest portion—simply
to enjoy the fun. You could hear them at all hours of the night,
and their revelry would embrace everything that a rural people
had ever witnessed. Some times you would have all the para-

phernalia of a camp-meeting: preaching, exhorting, praying, |

calling up mourners, and finally the shouts of the converted.
In these mime camp meetings you might hear confessions that
would not be expected, at a sure enough camp meeting.

Then in a very few moments, the scene would change,
to hear at a regular muster or election day fight. Again the

scene would change, and this time you would have a session
of the Court, the calling of defendants, witnesses and lawyers.

Many cases would have to be continued on account of the absence.

of parties, witnesses or attornies. The Judge would very fre-
quently tell the parties with all the formality of the real Judge
that they must be ready for the trial at the next term, etc. In
most of these proceedings there would be but one object in view
with those who were engaging in them, and that was simply
fun. There was rarely anything really vicious in them.

But these scenes have long since passed away. The inter-
diction of the sale of the exciting stimulent, at the Court House,
has made Jasper one of the quietest places you will find any-
where. I know it was stated in the Mountain Eagle, at the last

-term of the Court, that there had been more drinking and dis-

orderly conduct at that term, than had been for many years.
The editor was mistaken, and if he had attended Court as often
as I have, he would not have thought so. I know what I say,
when I state that I have seen more of the effects of drinking
on one evening, at some former terms, than was witnessed
during the entire term of last court. But just make it fun again,
and no doubt the same scenes would be re-enacted.

ang you would hear a repetition of all that you would be likely.

WINTER ISSUE, 1942 541

- J know of no place where I enjoy myself better than among
=the citizens of Jasper, and the masses of the people, who
attend their courts and other assemblies. It was at Jasper
‘that I made my first speech to a jury. I was a volunteer. I
swas not getting cases then, but that got me into another little

jI have never had a life time verdict rendered against me, and
“never until the last term of the court, was there a death verdict
~in one of my cases. In that case a negro, calling himself Jack
~DeBear, was indicted for the murder of one Pope Wooton. The
* Judge appointed myself, and Judge Cunningham to defend him.
~The evidence showed that while the deceased was standing,
italking with another negro, holding his pistol in his hand, not
being in any difficulty with any one, but trying to stop some
*. trouble with some other negroes—all of them employees on one
--or the other of the two railroads—the defendant walked up to
he deceased, wrenched his own pistol out of his hands, and
-shot him three times, from the effects of which he soon expired.
Of course, under this evidence, a straightout defense was out
-; Of the question. The only thing that we could do was to admit
~ that the defendant was guilty of murder in the second degree.
«On the grounds that there was not sufficient deliberation and
premeditation shown in the evidence to make out the statutory
offence of murder in the first degree. The jury, however,
= thought different, and so rendered their verdict. This adds
one other to the legal executions in Walker county.

- In my attendance upon the court of that county, I made the
acquaintance of a number of citizens of the early settlers of the
oe country. I might allude to Levi Sides, who was perhaps regarded
~- as the chief justice of the courts of magistrates. He was a
<- man of very fine sense. Plain in his manners and dress; uni-
>. versally kind to every one; allowed no discount on the dignity
- of his court, but in all things sought to do right between the
-. litigants. If the reader has ever read the chronicles of Pine-
g ville, Georgia, he will remember the character “Squire Roggers.”


\ {
) . }
\
} j
: /

2 Fayette Hangings

asked for something. When it was handed to him, they pulled Mr.
Sewaringen from his horse and murdered him. This happened at
mid-day and not far from a public house. They were hanged in
the early past of 1835.

KK Ok KR OK OK OK OK Kk

I have done no furthkevresearch on this hanging. M.T.C.

Page 505 Powell
"The next was a negro woman for the murder of her mistress, an
old lady.® =

Hoe Ok OK OK Ke OK OK ok OK OK

The following is from research of Marguerite T. Callanan.

Around the yaar 1850 or 1851, Pherebe, a slave woman, was hang-
ed for the murder of her mistress, Mrs. Elizabeth Shepherd, liv-
ing near Newtonville. Without provocation, she leaped in the old
lady and slit her throat with a butcher krife.Mrs. Shepherd was
sitting on the door step feeding her chickens.

The lawyer who defended Pherebe, was Judge John J. Ormond of Tus-
caloosa, formerly an Alabama Supreme Court Judge. In the June
Term of Supreme Court 1849 the case was ruled on and reversed.
(Alabama Reports). After again being tried in the Circuit Court
of Fayette County, Alabama, Pherebe was again sentenced to hang.
The Federal Census for the year 1850 Fayette County, dated Jan~
uary 7, 1851, listed prisoners in jail. Among them was Pherebe
Shepherd, age 25, born in N.C.

Members of the Shepherd family have said that she was of a pet-
ulant nature and believed that if she murdered her mistress she
would be free.

Page 505 Powell

The noted case of William Kirby was tried in Fayette County on
change of Venue from Pickens County, Alabama, where he had been
indi ted for the murder of his father, Archibald Kirby. At the
same time he had killed his brother, Wade Kirby. There were sev-
eral charges against him. Prosecutors were A.E.VanHoose and ex~
Judge A.B. Clitherell. Judge Thomas M. Peters and Col John T.
Terry were for the defenee. In the trial it was brought out that
without provocation, the defendant took a double barreled shot
gun loaded with "buckloads" and discharged one barrel on his fa=
ther and the other on his brother. There was little on which to


day the 20th of April. They pursued h
-in Fayette County. Ascertained that he arrived at his house

\ \
er ue se)

| From: Carrollton, Alabama Newspaper April 1859

Arrest of William Kerby : nu |
We mentioned in our last issue that William Kerby, had kille

,. @d-his father and brother by shooting them with a double bar-
' Yelishot gun = - and that some citizens of our county were in

pursuit of him. - We are now, enabled to add that on Thursday

‘night, Messrs. Clark, Boon, Sam Berry King and Dr. Jas Guild

arrived here bringing him with them. }

ere ene) Pe a |

fey eet bn Sunday inste, a company consisting of the above mention= <«_
ed gemtlemen, together with Joseph King, William Burgess, Green -

_ Carver, and John Williams, a brother-in-law of Wade & Kerby,

‘ the brother who was killed, and John D. Sadders Jr., with his

negro dogs, passes through this place in pursuit of Kerby, have
ing heard that he was seen near Gordo, in this county on Frie -
£m to a Mr. Strickland’s

on Saturday, and left .on Sunday- they prevailed on Mr. Stricke |
land to accompany them, but it is proper to remark that Col.

Thomas L. Bennett, like a good citizen volunteered his services, th

and accompanied our friends until Kerby was arrested. On Sune
day the company separated, forming three companieSeecescecece

Columbus was joined by a Mr... He. Willerfordenear Starkville, i) ':.
they arrested Kerby. He wounded himself eleven times just be=

fore being arrested, and is now suffering severely from the
wounds. They are in his thigh. | : :
On last Monday his mother, Hlizabeth Kerby Sr., and Noak
Sampson Kerby, were committed to jail as accessories to the

murders. . | é


Can you shed any light on the "Elizabeth Cobb, wife
of James Honeycutt, 16 Apr 1806, b. in N. C. = died
16 Oct. 1902" buried at Providence Baptist Cemetery,
Jemison? Is she the same person as Bethana Cobb
whom James married in Bibb County, Ala?

Palley Honeycutt Price's death record says her mother
was “‘lartha Elizabeth Smith. Do you have any records
on Smiths in this time?

We also have Ray line from your area, George Washing-
ton Price's parents were James J,. Price and Tabitha

(one source says Martha Ann) Ray. Do you have any
Rays in your line?

IT look forward to hearing from you.

Sincerely,

ii of, ff ’
fe YOLL 97 te Kes c? / Pt Se a aa OD

C P29 aa 7 dl’)

My husband'§ sister's father in law was Mr. J. D.

Wright from Jemison, We attended his funeralyhheee,s.;
4 or 5 years ago. Vid you know him? He died with ~
his son in Memphis, Tenn. and the body was brought back

to JemisonF


he / HUSBAND'S NAME Wikhi Am Hone y Cutt Information on this sheet obtained from |
Chart it When Born L171 Fe #4 [goo Where Ls A. | fd
Christened Where ProhkaZi- Kecorau, (Husbane’s Full Name)
When Died 2. /242 Where ful TALLA Couvky BAB | Mee Sgr Phy GA} fi.
When Buried Where u’ yd ri? fx ws Cotes at a wed,
“yhen Marned c. Lila} livia Where Ce rbeta) 1  /iP2a TO ER t dlaus z (Wife's Maiden Name)
ther Wives ; A gd a
nie = if Lars Buh & toate : aka, ‘ ‘ Date
His Father Tkeo mAL Alowey gatt His Mothers Maicen Name_~ SARM kt ky il _j | Compiler
. Address
he | wires MADEN NaME__ (ARIMA £ Lira BF TH (Paty) Smith City State
A } as LL When Born 12 Fe vi [P22 Where LA.
Christened Where
When Died go. 164? Where Auteu dca Coawty, BLA,
When Buried Where
Other Husb.
(if any) — ral 7 =
Her Father JdaXdal we LP ‘ rE St } Her Mother's Maicen Name
Male | CHILDREN When Born Where Born State or Merried: | When Married When Died* Where Buried State or
5 Female! | (Arrange in order of birth) Day Month Year Town or Place County Ccuntry — 8 1 Day Month Year Dav Month Year . Town or Place County Country
F |
5 i - | | i { |
5m | |Widkiam + | #1) jpa6 WAWey Curtam ‘2a act 3b | = |
« | | my | i T T o-
3 | 2 : | | | yo Ti
3iF | |Fliza ger | [Pe [Vda o LaRkin CAREW WALUELEL Son 4/259 - Shh Caw’
#3 | | H | i i |
c< | 3 | | : i
ve douisa ‘es Vier \ALFaeo L. AdiLh 3 |
33 | 4 i | i
EF | [elma |__| | Baakey | |
mS —) | AELita Bera TT Va a9 set, | /d¥a |
gz: Mm | |THomas R- YBIP ALA Cyw tia AATHAMm | 6 Mev dS) |
FF Saread : 4a do Ala. |Tiomas A. Capdam! a7 Tad /#37
3 7T |
37 F Vii Std he - < | Jesse Ad ‘ fo ss i |
ar i i i H if
aS 8 H ——— spe i |
ot Tames a r | [6a ALA. | Fiza Get Latinm (AF Sua / err
3. | | ' t t
Os 9 at oe < . J 4 ' oes aie H
=H ZACK ARIAN AEOPEL. CHAR: ty Ve ATL ey i¢¢ |
PS Hl H H |
ne = - i=. - |
"3F | Wnpatde SC 1837 _ ALA Jove pe FE, fay 7 Taw, 443
° | | | | i
aS ol va Hi | yg : | ”" } { ) Loy i . are
Aas iu fakh «ey O, 27 Dui j/F33 Bibb | ALA. EFepte WwW. Fe ive 4/0 Aue! /44e Bi Sef art | Toomiess | hpeu>, \ri S35
hy t ¢ t i 1
i | | fae |
aM__'? \Epwee p Me mR dss (| ALR. I MARY I. awe 5 Oer MSY | eevee the fi
T 1 ‘ |
| I | i i- '
of Mm 113) Doctox, (632 | ALA j
a } | i i |
. 4 |C Eong = 1829 ALi ee & |
é a | = al ” F. “IE Surial Gate os Kaowa ang not death date = te Dural date Pretix hers


41709 AWA

co AUTAUGA COU
sA COUNTY -
an ‘execntian Unable to verify

Jane Os 1989
p.. 0. Box 48
qoomsuba y ts. 39364

Near Nre classcocks

Your name was given to me by Mrs. Aline Wilson o f
ning gold, La. £8 whom L wrote givin her some Alexand-

der Cobb snfoarmatione She says you also had written
to her and that you are a descendant of James floney~
cutt and Bethena Cobb. My husband is a descendant

of William Honeycutt, a brother of Jamese IT am writing
to compare notes with you, on our yroneycutts-s I have
done lots of research on this line and am sending you!
copies of the family BroUP sheetSe tf you can add

anvt hing or correct sone mistake T have nade » please

do SOe

Mv husband's line is thus: pallye Honeycutt, daughter
of William, married rneorpe Washington price 9/10/1845
in Autauga County» Alabama and moved jmmediately there-
after to tauderdale County, Miss. where the Prices
still live.%e0- and Palley were my husband's great
prandparent Ss They are buried here at Toomsubae

Most of the information IT have comes from William
Honeycutt’ s estate records in Autaupas census and

family anformation.

There is 4 family tradition that says William Honeycult
and his wife Martha (Patsy) were both murdered by a
son-in-law for some gold that they kept in a trunk.
We have tried for several years to find something that
would either prove or disprove this tale. liave you
ever neard of it? We have not been able to find a
court record mentioning’ same or any newspaper account.
tT thought maybe since you still live in the general
area where this notorious act is supposed to have
happened, you might also have heard the tale thoaugh
your camily. lave you?
My husband’ $ father remembers that his grandmother
palley always saw to it that the axe was prought into
the house and tocked uP at nights never allowed to
Lay out in the yares


CHAPTER X

TALL TALES

countryside where the great rural families once rejoiced
in wide acres and fat lands, good horses, fine stock, loving
to take their ease on their own domain; landed gentry, with
spacious houses, and slaves costing a thousand dollars apiece.

Today, motorists clamor for a paved road through the region,

where the ghosts are grim and gray and ancient burial-grounds
drip red with blood. Time would be saved between Eufaula
and Pittsview, the washouts at the Cowikee Creek avoided and
Fort Mitchell reached without delay if only the old road was
modernized; but to hear the tall tales of this region, one must
travel slowly, make detours through fields white with cotton, over
brier and stubble and dead branches of trees, long fallen, and to
rust-brown gates of wrought iron, which guard the graves of
the pioneers.

If it is Springtime, men are plowing, and you can go through
newly-furrowed dand. From the far roadside, from where you
have turned off, tall shafts are occasionally glimpsed, as are the
Jone chimneys which are a part of the landscape—reminders that

wathe pioneers once lived here—men who were born when the
PRevolution taged,/or at the turn of the Nineteenth Century, and
who united with the flowing stream which poured into Alabama
in that first decade.

It- was not.a reckless period, although spliced with murder.
Men took themselves seriously. Murder was murder, justice was
justice, questions of honor were settled at the point of duelling

istols, “A man’s word was his bond.” Small wonder it is that
into the folklore is woven the stark tragedy of the days when men
took the law into their own hands; when they rode all night and
the next and the next in pursuit of a murderer.

Mom the northern roads through Barbour County lies a

Tall Tales 117

Forgetfulness of those days is impossible, for the very grave-
stones in this region record the doom that descended.
Grim tales have given warm color through a century of the
County’s history; they persist in contemporaty accounts—not pleas-
ant legends of a charming countryside, but stern stuff of men who
swore round oaths when they drew the sword from the scabbord.

There is the story of a young aristocrat, who was murdered by
a former slave. It was a white-pillared portico in which he sat
in the dusk—a friendly darkness through which the murderer
escaped. From plantation to plantation, the news spread like the
wind. The planters gathered; the search began; at first in the
center of the plantation where the master of the house lay dead;
then outward, north, south, east and west. . . mounted men and
tramping men, tracking the man they sought.

ye OA RIN IN

Dawn FOUN tiiesss Lai Aisvin. z 6 es
the cabins, negroes starting their day's toil, life stirring on the
great acres. “They went as far as the Yellow River in Florida,” so
runs the legend. But planter and horses returned— "foaming and
blood-red from spurs were the horses.” The master of the house
was buried; the cotton blossomed. But never was the murderer
found.

Again and again was this region stirred with events which
moved men to quick action. They tell you today of a sight that
met the eyes of a man who had gone to a spring for a draught of
water. From a bough of a low-benaing tcc, hung dic budy oF
young girl, a rope around her neck.

The plows in the fields were idle that day; not a planter there
was but, who mounted and armed, rode like the wind. Not until
men were weary and the woods no longer echoed with their
tramping did suspicion point a finger at the man whom the law
of the land finally drew into its clutches.

Elam Johnson, step-father of the girl, a minister of the gospel,
was confronted with the crime, brought to trial, and under circum-
stances so convincing that none doubted his guilt, paid the penalty.
They tell you today that his accusers heard him preach from the
word of God: Boast not of tomorrow . . . before putting their
own awful curse upon him. On the scaffold, he sang a hymn.

Through the legend runs the fears of a runaway slave, who
was hung for a crime long after the minister's execution. About


Sconaieliinehaaeneieneastaenieiememmte tee wii -
». iv moe . 503 re Shae tie
seat

‘118 Backtracking in Barbour County

~ to be hung to pay the penalty, the slave confessed. From his lips

flowed the story of the murder—a story which burned itself into
the memories of those who heard it—the hand of God upon him.
Sick with fear of the bloodhounds that would be sent upon his
trail when the plantation whispered under its breath of a runa-
way, the had come unexpectedly upon the girl at the spring. But

escape was still possible if no one knew which direction he would |

take—if no lips could speak! So woven into the folklore is the
swift death of the only one who could have told of his flight.

‘And on the west bank of the Chattahoochee River affairs of
honor were settled, duellists met in the murky dawn near Fort
Mitchell, attended by their bodyguards, and throwing their long

Cloaks aside, stepped off the paces. Traveling through the County

today, men tell the tales of famous duellists, who fought over a
political matter as if it was love, and who were buried with
military honors! For the old Creek Territory was wild and bar-
barous. Through it the Indian chiefs were carried to stand trial
for their crimes on Alabama soil; Indians were hung; the frontier
was long in settling down. |

~ In the year 1841, the citizens 0” this region were engrossed in
the Lore-Blake murder case. ‘Those who followed its course found
themselves assembled before a stage where the contempt for

_ justice appalled the public, from the inception of the trial to its

end—a period of eighteen months, during which time it became
familiar with the evidence that was forthcoming at every stage.
Witnesses traveled at great length through the County, from one
county to the other, as did the planters and men of affairs, inter-
ested in the outcome. John Horry Dent’s plantation Journal
records an entry which bears upon this exciting case: “March

wis

cch*27th: ‘Returned last

we vs

ipo? 5th,-1841.41 went to Clayton this day to hear the trial of the

~~ night about midnight from Clayton.” The distance from his plan-

tation, “Good Hope,” on the Cowikee Creek, to Clayton, was
nearly: twenty miles, over the roughest of roads, which he de-
scribed as “impassable after a freshet in the spring of that year...
the horses bogged down hard and fast in their tracks and carriages
could be kept from upsetting only with the greatest precaution. . .”

The legend of this ¢elebrated case places it in the first decade
of the county’s history, but newspapers were being printed at

Tall Tales 119

Irwinton, the county was bristling with young lawyers. The
minutiz and subtleties are, therefore, available for the historian
who questions the strangest indictment ever cut into a marble
headpiece and which has remained in plain view for nearly a
century. The records of the Supreme Court and statements of
the prosecuting attorney are here drawn upon, for mere legend
cannot suffice.

In the bare style of an official pen, setting forth the principal
facts in the case, which finally moved the citizens to terrible
celerity, Julius C. B. Mitchell, the towering prosecutor of Lore,
presented a chain of evidence which, in substance, was introduced
at the various trials, together with all the incidental circumstances
connected with the case. To find in the annals of the county’s
jurisprudence a legal document so full of detail and so complete
sa cverr saint is to stand in awe of his genius:

“Henry Blake was a young man, about eighteen years of
age, the only son of a widowed and doting mother, who,
after she had received the information of her son’s murder,
came from Mississippi to visit his grave and when she saw
it, literally fell upon it and died of a broken heart. He lived
in Mississippi and during the early part of the year 1841,
came to visit relatives in this section of Alabama.

“On che 9th of February, after finishing his visit, he
started back to Maser from my residence at Glennville.
When he left my house, he appeared to be full of health and
of high hopes of future happiness. A short time after he had
left us, I received information chat a man had been found
dead, who, it was supposed, had been murdered; and that,
from papers found about him, with my name on them, it was
in some way connected with me.

“Immediately upon receiving this information I went to
the place of the supposed murder which was in the upper
part of the county, about fourteen miles from Glennville.
Upon my arrival at the place, my feelings can be-more easily
imagined than described, when I saw the lifeless and mangled
body of my nephew who, but a few days before, was so full
of youthful hope of future happiness. Instead of the living
and healthy Blake, I saw a mangled corpse; his head torn to
pieces by the discharge of a shot which had evidently caused
his death, his eyes picked out and his face torn to pieces by
birds of prey.

“After the first panic which such an event was likely to
produce in the neighborhood had subsided the inquiry na-


Backtracking in Barbour County

turally arose as to who was the perpetrator of the murder. It
was not long before circumstances commenced to rise up in
rapid succession, pointing to George W. Lore as the author
of this horrid murder. I am informed that Lore was about
twenty-six or twenty-seven years of age, whose parents live
in one of the Northern States. He came to the State some
years since and for the last few years had been living near
the place where the murder was committed, on a farm.

“This case has very much excited the citizens of this
portion of the State for the last eighteen months. It has
called a large number of witnesses six times from their
homes; the last two times to Henry County, where Lore had
been removed for trial. Once before the magistrate who sent
him to jail; once before Judge Booth, on a writ of habeas
corpus; once before the grand jury; and three times before
the circuit court. At the first trial, there was a mistrial,
owing to the jury not being able to agree before the time
expired. At the second trial, the same result occurred; at
the third, Lore was found guilty and sentenced, but moved
for a new trial. Before, however, anything was done in the
Supreme Court, he made his escape from jail, and did not
return until after the succeeding term of the circuit court, at
which he was to have been again tried; when he was found
lurking in the neighborhood where the murder was com-
mitted, under very suspicious circumstances.

“This community, with almost unanimous consent, under a
thorough conviction that although every man in it believed
him guilty, yet that he could not be hung, for the reason
hereafter shown, and believing that he intended to perpetrate
some other desperate act of revenge on the witnesses against
him, executed him forthwith.”

The evidence as summed up by the prosecuting attorney, formed
the remainder of his address:

“Blake was seen to pass the road leading from the Mitchell
residence to the Montgomery toad, and but a short distance
from Lore’s. He was directed by witnesses at the trial how
to go, but from their having overlooked the fact that the
road which led to the house of Lore was quite plain, he was
not told of it, but was directed to keep straight forward
after getting into the Montgomery road. It was also in
evidence that the road which led to Lore’s house, owing to
the fact of its having been used a great deal about the time
of Blake's passing, was as plain, and for a short distance,
as direct in the course to Montgomery as the one which led
to that place. It was also in evidence that on the same day,

Tall Tales

Blake was seen to ride to the house of Lore and, after a few
moments, Lore was seen to ride off with him. . . It was
also in evidence that Lore and Blake were going in the
direction of the place where the body of Blake was found
murdered. . . It was in evidence by the various witnesses
that the eracks of the horses, the one rode by Lore being
unshod and the one by Blake being shod, were followed . . .
from the point where the last two witnesses saw them to-
gether; that they were measured at that point, and that with
but little interruption these two horses were tracked to the
point where Blake’s body was. It was also in evidence by
various witnesses that at the point where the murder was
committed the horse upon which Blake was riding appeared
to have been a little ahead of the one upon which Lore rode,
as was evidenced from the fact that the horse rode by Blake
appeared to have given a sudden spring forward, as though
the rider’s control over him had ceased at the moment when
he had started by sudden affright, as from the firing of a
gun, while the mark of Lore’s horse’s hoof gave evidence of
his being under control of his rider, though frightened, as
was evident from the deep though stationary, impress from
the hoof. It was also in evidence by several witnesses that
the measurements of Blake’s horse’s hoof (which, when after-
wards found dead, was identified) corresponded with the
tracks as seen. And that Lore’s horse was uever seen after
this occasion. It was also in evidence that the horse rode by
Lore was cracked from the place where the murder was
committed to Lore’s field and through the field up to within
a short distance of his house, and that Blake’s horse’s tracks
were followed into Lore’s field and from thence to where
he was found shot.”

This was the direct chain of evidence. And as the inquest
progressed, additional evidence was introduced.

“Under the influence of this mass of weighty testimony
against Lore, although at first there were but few who be-
lieved him guilty of the murder of Blake, this community
had become so well convinced of his guilt that I feel war-
ranted in asserting that the chief differences between his
friends and the rest of the community consists of this: that
the former knew ‘him to be guilty, and that, too, in defiance
of the most untiring exertions on the part of his friends and
relatives, who were both numerous and wealthy, backed by
all that legal skill could accomplish, aided by the influence
of those who stand high in the judiciary of our State and
who did not hesitate to exert the influence of their high


122

Backtracking in Barbour County

station in his behalf. But in addition to this evidence there
was yet other testimony well known to exist, but which:
could not be reached owing to the manouvering of himself
and his friends. Letters were in evidence that proved the
counsel was invoked even in the matter of breaking jail.

“Such was the indignation excited by this outrage of law
that the people of this neighborhood in which the murder
was committed arose as with one accord, determined to
prevent his escape, and had barely time to arrest him as he
was in the act of leaving the county. But he was brought
back for a trial.

The document thus continued:

“The question naturally arose, What shall be done? Shall
the citizens submit to this state of things, and thus give
license to murderers and robbers? Are the citizens to live in
constant dread of the murderer's revenge, or should they
assume the responsibility of doing in their individual capacity
that which the law ought to do? As citizens, desirous of
sustaining the laws of the State, and of supporting its charac-
ter abroad, this is a question of fearful import... But as
men, with the natural instinct of self-protection, there could
be no hesitancy, when by proved power of official corruption,
the law ceases to protect the citizens, the citizens will protect
themselves. The rigid enforcement of the Jaws of the land
is the only means by which men can be prevented from
private combinations to — themselves. If, therefore,
consequences have resulted from this case which are calcu-
lated to disaparage our State, let the odium rest upon those
who have driven the people to this as the only means of
self-protection. If Lore has been hung by acclamation with-
out the warrant of the Law, let it be proclaimed that this was
the only way by which his crime could be punished, or the
lives of the citizens protected. The prisoner had escaped
from jail by foul bribery; after remaining away until after
the term of court had expired at which the was to have been
tried, he returned to the scene of the murder, armed with a
double-barrelled gun. Who can wonder at the indignation
excited by this daring outrage, this mockery of justice? He
resisted arrest, attempted to escape, and was only prevented
from doing so by the accidental circumstance of falling. . .

“The papers said his execution was the work of a lawless
mob. If by this is meant that those who hung Lore had not
been able to procure a warrant of law for his execution, there
may be some truth in the assertion; but if it is meant that
they were a loose and disorderly portion of the community,

Tall Tales 123

the assertion is utterly false. Should the Stranger visit Bar-
bour County and travel through its entire extent, and be
asked when he had concluded this visit, where, throughout
its entire limits, he had found the most intelligence, virtue
and wealth, he would assuredly point to that section of
Barbour County which was most immediately concerned with
this transaction. It tallies with the universal experience that
when the intelligent and wealthy portion of any community
combine for self-protection, it must be under the most urgent
necessity. Such men have too much at stake themselves to
tisk the influence of ordinary mob law. . .”

Such men it was who had to decide, in the language of the
Prosecuting attorney’s address, ‘Whether to hang Lore forthwith
or turn him over to the civil authorities.” “The men of the
County voted to hang him forthwith, pledging themselves to
support the executioner. To that pledge, one hundred and twenty-
eight signatures were attached.”

The news traveled through the country. The newspapers in the
North published accounts of the execution and reviewed the case.
In its issue of December 7, 1842, the Southern Shield reprinted
an article from the Hartford Times: “We have a frightful ac-
count of a most horrible murder which has been perpetrated on
the body of George W. Lore by one hundred and thirty citizens
of Glennville, Alabama... The unfortunate and innocent Lore
was a victim of the most hellish passion that can dwell within
the human breast. The county, the people and the laws of
Alabama are disgraced.”

The Southern Shield defended the action of the citizens. Judge
Booth was openly accused of lending the whole of his influence to
aid in the escape of Lore... He had admitted him to bail when
he was at first brought before him; he had discharged him with-
out bail. “Booth,” said the article, “had taken the circuit court
entirely to himself.” There was evidence that he had given an
opinion that a material witness might not attend the trial in order
to favor the escape of the criminal. The Henry County jail, from
which Lore escaped, was known to have been insufficient. _ . In
few cases in the County did so many questions of law arise.
“Novel and difficult,” the Alabama Reports characterized them.

In the light of the newspaper accounts and legal documents of
that time, the plan of escape was well known. It involved a


124 Backtracking in Barbour County

small schooner that plied between Mobile and a port in Maine.
Lore was advised to go by way of Black’s Mills—a plan of the
road was supplied by a man named Shippen. He was to explain
that he had been in difficulties over the abolition news . . . the
captain of the boat might be an abolitionist... Canada afforded
a refuge. . .

The prosecutor throws no light upon the preparations for the
execution. We know that James Greenwood was the first of the
signers and H. S. Jenkins was the second and that every name of
every signer appears intact on the document, escape from whose
import is impossible as long as there remain, to the bewilderment
of the passer-by, these medieval inscriptions above two graves:

Sacred to the memory of
Henry Blake
who was born April 29, 1822 and who was
murdered and robbed by
George W. Lore
Feb. 9, 1841

And on the reverse side:

Sacred to the memory of
Elizabeth Blake
the mother of Henry Blake
who was born on Oct. 30, 1790
and died from grief at the loss of
her son, Sept. 28, 1841.

ees CNG
RS eg

He, Ai) OS

CHAPTER XI

PORTRAIT OF AN OLD TOWN

of old Irwinton. It reaches into the dim past of the ancient

village, whose name became a shadowy memory in the
fading era of the stage-coach. But from a seat in the stage we
are able to observe some of the townspeople as they traveled back
and forth with their carpet-bags: the ladies accompanied by their
negro maids; the gentlemen by their body-servants; the stage rum-
bling along with such excess baggage as one hundred pounds of
flour, boxes of tools, books and horsehair trunks.

One of these passengers, in the early Eighteen-Forties, made
a journey which, in a small way, was historic.

It seems that Mr. James Beattie of Irwinton, a vestryman in
St. James Church, and a person of considerable importance, was
frequently a passenger on the stage which went over the old
River Road between Irwinton and Columbus. As was the custom,
he “charged” his fares; a page of his accounts with the stage driver
appears in a ledger of that time. And in the Spring of 1844, Mr.
Beattie made two trips, riding from Columbus to Irwinton and
back again. “Mr. Lovelace,” the stage-driver, kept so scrupulous a
record that we know the very dates of Mr. Beattie’s journeys and
the amount of his fares—five dollars each way.

On May 9, he went down to Irwinton; on May 18, he rode
back. But in that brief interval, the name of Irwinton had been
changed to Eufaula. And Mr. Beattie seems to have been the
first passenger charged a fare “from Eufaula.”

It was just about this time, as we have already recorded, that
Miss Julia Treadwell rode horseback into the village with her
brother and sister-in-law, Mr. and Mrs. Benjamin Franklin Tread-
well, to do some shopping, and found that the village name had
undergone a change. In a lively letter to her sister, Mrs. Nancy
Treadwell Margart, she recorded the momentous event.

Te history of Eufaula is limned against the days and ways


Ce ne cet alata BA PER a, A enti 6 ee

162 chapter 30

The stories of Ham Branch Happenings are those selected
stories or tales which took place or happened to the people
of that area of Coffee County, Alabama. These and other
happenings and tales have delighted young people for seven
generations and many Pea River area residents will relive,
hearing again, these happenings to the people of the Ham
Branch area.

KKK KKK KK KK KK KKK KKK KK KK K

Some of the leading farmers in the Ham Branch area of
Coffee County went to Pensacola for supplies once a year.
It took three days to make the trip by mules ‘and wagons;
oftentimes, groups of farmers from the Pea River area formed
a wagon train and traveled together. Usually, their first stop
was at the Natural Bridge Hotel about six miles southeast of
Florala, Alabama, in Covington County.

The frontier community of Natural Bridge was a relay
Station for stage coaches traveling from Tallahassee,
Marianna, and points east to Crestview, Milton, and Pensa-
cola. The driver of the stage coaches would sound the
bugle as they rounded the curve approaching Natural Bridge.

An underground tunnel or channel made a Natural Bridge.

The water flows under a gigantic rock, over which the road

passed, resuming its course below the Natural Bridge. The
local community of Natural Bridge consisted of a hotel, a
livery stable where fresh horses were available and ex-
changed by the stage coach lines, a store, and post office.

Pea River area farmers related the activities of the post-
master and storekeeper to the residents of Ham Branch. It
was believed by many travelers of Natural Bridge that he
secretly killed some of the customers and buried their bodies
in the underground channel that made Natural Bridge, and
kept their possessions.

In 1388 when the community of Natural Bridge was at its
peak, the people built a church on the high hill just south of
the bridge. This Baptist Church is known as the ‘‘Crows
Nest’’ since it is situated on the highest point in the area.

Old Natural Bridge is now a ghost of the past, with no
more bugle sounds from the stage coaches as they rounded

ham branch happenings 163

the curves near the relay stop to transact business. The
haunting tunnel that holds secrets of unexplained murders
and disappearances of travelers who left horses, saddles,
and other valuables, permits travelers to cross unmolested.

KR KR KKK KK KK KKK KK KK KK KK KK

Ham Branch area farmers made frequent trips to Troy for
supplies for the needs on their farms in Coffee County.
Only one night was necessary on the road to make this trip.
They usually took the road north by the historic old Antioch
Church and camped in the vicinity of Henderson, Alabama,
in Pike County. They usually traveled in groups or wagon
trains and camped around a large water oak tree beside the
sandy dirt road. On one particular early fall night, they had
made it to the tree where they had camped so many times and
had cooked and eaten their supper. The group was enjoying
singing as one of the group always carried along his banjo.
The horses and mules ate corn from baskets tied to the wagon
wheels, and all was going well. As usual, they put the
kerosene lanterns in the tree to enable them to see better.
Suddenly a man appeared at the trunk of the tree without a
head. In a very stern, clear, and deep voice he said, ‘‘Get
that fire out of this tree. I lost my life here five years ago
and nobody will ever be able to stay here again.’’ The
Ham Branch farmers left immediately and never again camped
at the oak tree.

KKK KK KK KK KK KK KK KK KK KK K XK

Henry Coleman was a successful and prominent Ham
Branch Negro farmer. Among the people employed on his
farm was a young negro man, Bob Jackson. One night, Bob
went to his own modest log cabin and murdered his wife and
Set the cabin on fire, hoping to burn the cabin and her body.
The tire was not set as well as he had thought it was and it
went out betore completely burning the cabin. The murdered
wife’s body was not burned at all. The next day the entire
area was in an uproar over what had happened.

After committing the murder and setting the fire, Bob
returned to the Coleman home and slept in the room with


138 , chapter 26

It was learned that the people in Clintonville and New
Brockton were forming a mob to take the prisoner from the
sheriff and the deputy. They put Mage Terry on the train
in Ozark and returned to Elba by way of Troy to avoid the
mob.

Public sentiment continued to rise after the prisoner was

placed in the jail in Elba. He was taken to the Crenshaw —

County Jail in Luverne for safe keeping where he remained
for more than a year. Mage Terry was brought to trial during
the fall term of court in 1897. Hundreds of people from

throughout Coffee County and southeast Alabama area gath- ©

ered in Elba to witness the trial. Mage Terry was sentenced
to be hanged, and a date was set for the execution.

Mike Sollie of Ozark, the lawyer for Mage Terry, asked
for a new trial for his client. The request was granted only
a few hours before the execution was to take place in Elba.
As mail was brought to Elba in those days by road carts,
there would not be enough time to notify the sheriff before
the execution. A message was written to Sheriff Lightner
telling him of the new trial. The message was sent by a
negro boy from Abbeville to Elba on horseback. The mes-
senger arrived in Elba caly two hours before the execution
was scheduled to take place.

Sheriff Lightner quickly slipped the prisoner out the
back door of the jail and returned him to the Luverne Jail for

safe keeping. A new trial was scheduled for the fall term jp

of court in 1898 and Mage Terry was again sentenced to hang. |

In November 1898, Mage Terry mounted a crude scaffold
built on the bank of Pea River and paid with his life for the
crime that he had committed. ok

Mrs. Van Thomas was buried in the Salem cemetery in
Coffee County. The four youngest children—Willie, Lena,
Danny, and Nellie—were taken to the Baptist Childrens Home
in Troy. Mr. Louis Thomas remarried, his wife was named
Ella. They made their home in Geneva County near Slocomb
and they had several children. Vallie Thomas, the oldest
child in the family, was reared by the Treadaway family in
Coffee County. She married Amp Patterson and lived neat
her father in Geneva County, in the vicinity of Slocomb, and

the last hanging 139

had two children.

Homer Thomas was reared by the family of Mr. Henry
Hudson near Mt. Liberty Church. He married Abbie Leger,
a daughter of Jeff Leger of Coffee County. Homer farmed
in’ Coffee County for a number of years later moving to
Geneva County, where he and Abbie lived in the Chancellor
Community. They had a family of ten children, of whom
Pearl Thomas married Arimus Chancellor and continues to
make her home in Chancellor. Abbie Thomas preceded her
husband in death many years. Homer Thomas died at the
age of eighty-eight in December 1972, They are both buried

in El Bethel cemetery in Geneva County south of Chancellor,
Alabama.

164 chapter 30

Manuel Coleman. Blood stains were found on the bedding
and on his clothes which he rolled up and left under the bed
when he dressed the next morning. The strong finger of
Suspicion was pointed at Bob immediately and he ran away
from the Coleman house and into the Ham Branch swamp.
A posse was formed and a search for him~in that area of
Coffee County began immediately. .

Several days later, Manuel Coleman was in the corn crib
shucking corn to take to Hudson’s Mill to be ground into corn
meal. Feeling uncomfortable, he looked over the pile of corn
into the face of Bob Jackson holding a long Straight razor.
He told Manuel that he came back to cut his throat because
he told on him for murdering his wife. In the corn crib scram-
ble, and with the commotion that went on, Manuel succeeded
in climbing out the air hole above the crib door near the roof.
In the meantime, the Colemans had headed toward the crib
with their rifles. As Bob fled, he was shot in the leg, but
made his way back to Ham Branch, his familiar hiding place.
He was tracked by his own blood, and when he was ap-
proached, he gave the surrender signal as he sat on a cypress
stump beside Ham Branch. He asked that they give him
time to have one last chew of tobacco, and this request was
granted. As the group waited, Bob Jackson confessed the
murder of his wife and his unsuccessful attempt to burn her
body. After he completed chewing his tobacco, he gave the
Signal to fire; they did, and he fell dead into Ham Branch.

KKK KKK KK KK KKK KOK OK KK KOK ROKK

During the early settlement of the Pea River area of
southeast Alabama, a group of settlers made camp on a
beautiful little stream in the wilderness. This particular
group had two milk cows along to keep a ready supply of
milk for the children. During the night, the cows strayed
away from camp. Early the next morning when it was dis-
covered they were gone one of the men in the group rode his
horse to roundup the cows. He finally heard their bells
ringing as they grazed on some fine grass near the stream.
The two cows were headed back for camp, to be milked.
Enroute, they stopped at the stream for a drink of water and

ham branch happenings 165

the settler decided it would be wise to allow his horse to
drink also. As the cows and the horse drank, the settler
was shot out of his saddle by an Indian in ambush. The
settler fell off his horse dead into what is today Ham Branch
in Coffee County, Alabama.

KR KK KK KK K KKK KK KK KKK KK KK

Ham Branch originates just behind the Shady Grove Negro
Church and Cemetery. Many years ago, there was a grave in
the cemetery that had a small shelter over it, and was en-
closed with a picket fence, known as a grave house. One
cold, rainy winter night, two residents of the Ham Branch
Community had an encounter that very few people learned
about. Elijah Daniels had been to the home of Anderson
Goolsby for a visit. As he made his way down the sandy
road returning home, it began to rain. He decided to walk
out to the grave house, step over the fence and get out of
the rain. Very soon, his good friend Henry Coleman, who
had been to the store for a sack of green coffee, also decided
to get out of the rain by going to the grave house in the
Shady Grove Cemetery. It was so dark he couid not see that
Elijah Daniels was already there. After Henry Coleman
stepped inside, Elijah Daniels, wanted to make conversation
with his dear friend, and said, ‘‘kinda rough out there ain’t it
Henry?’’? Henry Coleman jumped the fence and ran in the
direction of home, strewing coffee as he went. Because of
their close friendships, many years elapsed before the story
was told. Both men are buried in the cemetery where the

incident occurred.

KR RR KK KKK KK KK KK KK KK KK KK

An old house stood for many years just up the hill from
Ham Branch. One family after another would move in and
out of the house, but nobody would reside there very long,
for it was reported that trace chains could be heard rattling,
a woman screaming, and the hall door would mysteriously
Swing open frequently at night. One of the tough characters
in the community made a bet that he would stay there all
alone in the haunted house. He went in just before dark,


Rockford, Al.

Octaodver 422, 1980

Mr. Watt Espy

Law Library

PO Box 6205
University, Al, 35486

Dear Mr. Espy:

Some time ago you wrote me requesting Information
concerning legal hanginos that might have occurred in
Coosa County prior to 1927, and asked that if at a
Future date I should find any such incidents to pro-
vide you with the names and dates of executions. I
Found the following excerpt in "Brewer's History of
Coosa County", which is a Historical Quartey which can
be obtained from the Archives & History, Montgomery,
Alabama.

"Joel Spigener ~ notes the hanging of Mack
Holifield at Rockford March 26th 1862, for
committing rape on Mrs. Barnes, near
Suyekwtiie.”® «s. 107

Hope this will be o€ some help.

Sincerely yours,

here dy aloo

(Mrs) Mavis C. Sallas
Rt 2: Baox*426
Roékford, “Ad. 35136

504 ALABAMA HISTORIC AL QUARTERLY BPs 3 = WINTER ISSUE, 1942 505
the State, and to those who knew him in that day, I need not 4 4 duty of his office: had made fast the rope,—adjusted the cap,
say it was an able one. There was, however, one rather remark- “ym ——and was on the ground ready to drive off when one of the
able declaration in the argument. It was this: After a sum- Ҥ 38 family handed him

ming up all the points, showing that the defendant was guilty, : — A RESPITE FROM THE GOVERNOR,

he said to the jury in substance: “But, gentlemen of the jury,

suppose you should make a mistake, and find this old man ‘postponing the execution for three weeks. The day was cold

guilty, you will not have cheated him out of many days.” The tf 3 = and drisly—and I will not attempt to describe the scene of
#% carousal that followed, for the simple reason that it can’t be

words were no sooner uttered than Judge Martin interposed with, ;
=e, done. After two more short respites the defendant was finally

“Mr. Clarke! Mr. Clarke! you must not make that argument. ae 3
If this old man is not guilty he is entitled to a verdict of re EF. “executed, as before stated. The last word that he ever spoke

acquittal if he dies to-morrow.” the reader will understand that = was a protestation of his innocence. That was the first and
at that time the penalty for murder was simply death. =e the last execution ever witnessed by me,

TWO OTHER IMPORTANT TRIALS mei rs MURDERED IN THE PUBLIC ROAD

‘There have been in Fayette county six persons executed

by
FT ee ee me
= ET Se Pi,

The next was three negro men who were executed for the

“S ae See a <
‘es t id (Oak oal See ; beh olin te Dit tae ae eh AE wg IRM we rye 4
< 4 oa & WE RRS ay aD ee TR Rah Fe et cae, oy Efe ta ray { i

ts of PD SL ld eA 8 ae Rell Fp hs tty POR RCS eR OR ke SMG fer
: ae 4.3 br ofS » “ ‘ ee a ee bev tie. 3 fiw CS . :
. ~ ae, ey a -- * : me 2 sad wh
* = z “ ‘ :
wore - pad rh at's, Patt teat ee c.
> = fo a ot eee Or m - ws
Bo Tt Ee spans ee tn ang TA gee a : hl a capa gy Swe: CR ail a 7 “ :
so = eee He ast " ou 7 4° . = Ponsa eee ie
ee 5 4 Sate MEE ST LOMAS iyi Ops Re Lat, § Peo Wer eee MD rr cae ar Sie =
ii eae a ad i RN OR Tae itt tae Cabagenel sere 8 ae im
rte cca canes a ae oats = acne sige 2S ER ee aE ete oer pati rc a
ron Pasa : S ee RS eee
baa = Sen aroun eta

cence. After this the sheriff proceeded to discharge the painful

under sentence of death by the Courts. The first occurred on = ee ; : ;
Wednesday the 20th day of June, 1832. The. victim ‘of the law 3 murder of their young master, a Mr. Swearingen, thirteen miles
as a negro man, who was convicted of an attempt to forcibly ~ gee south of Fayette Court House. The family were moving from
Wiolate the person of a young white woman. The evidence was -~ pS ,Georg1a to Mississippt. ane negroes had ran away from the
as to the identity of the defendant, which was, to a consider- > age CamP and gone back to Georgia. The young man had gone back
able extent, circumstantial. The only positive testimony was i ge aiter them,—had them all hand cuffed together, and had them
the lady and her sister, who swore that they recognized him ~/{ gee Song before, while he was riding on horseback behind. One
by the dim light of some burning coals in the fire-place at the geet the negroes discovered that he could slip his hand out of
time. The women were both of excellent character, and of good ae zi the cuff, and they conspired to murder him. When he rode
family. There were several circumstances tending to show the . ee mes, Oe of them asked him for something, and when soa the act
. 2c) oe defendant’s guilt. The negro belonged to a very influential . 92 =. 08 handing it to him, he vient caught and pulled off his horse,
Beat family, of considerable wealth, for that day. The family did ~ ee and right erro hy bubliz. road, ts mere: Chane so ged of
ReaD not believe him guilty, and used every effort to save his life. % 3 mile from a public house, about mid-day, they murdered him.
: Pat 4 Peter Martin was employed to defend him, but the jury, com- : =. Of course, no effort was made to save them, and they very soon
ie Ei posed mainly of the best men =f tho county found jeia. my. | ba suffered the penalty. This was in the early part of the year
is j b, After convicting strong efforts were made for Executive clem- — eer 1835.
St - ency, and a large petition was gotten up for the purpose. On a : ‘yay
tah il the other hand an overwhelming counter petition was sent on to ~ Fee an le eg was a negro woman for the murder @t her mstreks,
73 ‘ the Governor to prevent his exercise of the pardoning power. Pea y:
fait | The first day set for the execution, I suppose brought to the %
mat ‘| Court House ae THE NOTED CASE OF WM. KIRBY
et ct
ab} ‘ | THE LARGEST CROWD F a The last was William Kirby, a white man, who was tried
at i that had ever assembled there before. The defendant was as, and convicted for the double murder of his father and brother,
mt carried to the place of execution,—was in the cart, ready to em in Pickens county. The trial was moved to Fayette county
fa): ; undergo the sentence of the law.—He there protested his inno- gee. upon a change of venue. The State was represented by the
Y 4% Solicitor, A. E. VanHoose and ex-Judge A. B. Clitherall. The

= CRE


EZEKIEL ABNER POWELL

_ &zekiel Abner Powell, author of “Fifty-five Years in West Alabama”
published in the Tuscaloosa Gazette in 1886-1889, was born in t miavens
District, S. C., May 27, 1817, and died in Northport, Alabama, September
1, 1892. He’ was married December 22, 1846, in Northport, to Amanda
Melvina Lee, born March 27, 1824 and (lied March 9, 1872 = Northport.
The author was the son of Reuben Powell, born August 27, 1784 in
Culpepper County, Va. and died July 23, 1836 in Fayette County Ala-
_ bama. He married about 1808, in Laurens District, S. Cc. his first
cousin, Sarah Powell.

[The Tuscaloosa Gazette, August 12, 1886.]

FIFTY-FIVE YEARS IN WEST ALABAMA

By HON. E. A. POWELL

CHAPTER I

2°. To one who has spent more than half a century, as it
© were, in the same neighborhood, it may not be uninteresting

= to look back through the years that have gone by, and call up
ie<the recollections of many of the scenes and occurrences wit-
- nessed by him during that period, and not unfrequently will he
Z «feel a desire to talk them over, and as it were, live them all

a,

“$=. over again. Such has often been my desire, as I have allowed

of ‘Here We Rest’. Whether the beautiful name, ‘Alabama,’
-< actually signfiies ‘Here We Rest’ or not, is a matter of small
’ import at this time. That name and sentiment, have been too

4s now give place to the mere prose of history and be separated.

ae =: Fiver, bearing that name, shall pour its limpid waters into the
Gulf, and through that into the stormy Atlantic.

But to return: In these fireside conversations, the ex-
clamation was often made by father, and mother, O, that we
were all in “Alabama.” But how to get there,—that was the

_question. How could our large family make its way over the
hills, and rivers, and worse than all, through the “Injin Nation,”

distance, it was nearly FIVE HUNDRED MILES. All these
3 difficulties were freely and often discussed, and the discussion
« as often ending without any solution of the troublesome prob-
~ lem. .


sis

QUARTERLY

MARIE BANKHEAD OWEN, Editor
EMMETT KILPATRICK, Co-Editor

Published by the

STATE DEPARTMENT
OF

ARCHIVES AND HISTORY

ALABAMA HISTORICAL

Vol.

WINTER ISSUE
1942

ers ¥

-

wien se tele MN

whens © SNe ONE TT =f
¥
r:

OSD,

< #E: Meee 4


SS a
et goes

Mbnebatetetater cae

Se

Mpdastiaet ae Latent
Se oat gm eong in

\

502 ALABAMA HISTORICAL QUARTERLY

(The Tuskaloosa Gazette, November 18, 1886.]
CHAPTER XI
MY FIRST EXPERIENCE IN A COURT ROOM

The first time I was ever in a Circuit Court, was in the
fall of 1836. I was then in my twentieth year. The court was
held by Judge Peter Martin, who was the first Circuit Judge
I ever saw. I went into the court room to witness the trial
of an old man over eighty years old, who was indicted for
the murder of his son-in-law. When I got to the Court House,
the Court was engaged in trying a prominent citizen for the
offense of resisting an officer in the execution of an Attachment.
The State was represented by William W. Capers and the de-
fendant by Lincoln Clarke, who was considered THE great lawyer
of the Bar. I allude to this case to show what idea an uninformed
people will sometimes have of the meaning of words, and their
application to the case in hand. In that trial one Dr. P., an
old mf&n, was leading witness, and made out a very clear cas2
against the defendant. In commenting on the testimony of th2
different witnesses for the State, Mr. Clarke took up the testi-

_mony of Dr. P—whom he spoke of as a “‘venerable old graduate.”

As soon as Court adjourned for dinner you could hear the ques-
tion asked by almost everybody you met, and the question was
about this: “Well, did you JUST hear how that LAWYER give
it to old Dr. P—? Why, he just called his a “VENERABLE
OLD GRADUATE.”—The saying was rung all over the court

. yard, and was thought by the crowd to be about as severe as

anything the lawyer could have said, unless he had called him
‘an old NULLIFIER,’ which phrase, at that time,.was con-
sidered as embodying about all the odium that could attach to
a man. In fact, many a “Georgia Rotation” was tracable to
the use of that term by one person in regard to another. But the
defendant was convicted.

TRIAL OF THE OLD MAN

As soon as that trial was over, the murder case was calle:!.
The old: man (defendant) presented a very feeble appearance.
and it was to me, young and inexperienced as I was, a very sad
sight to see one so old and frail as he was arraigned on such ::

Ae ee Meee BE ee

‘
i ee Re ae me ee “soe

WINTER ISSUE, 1942 593

charge. The first thing done was to arraign the defendant. I
as struck with the peculiarity of the indictment. After the
arraignment and plea of ‘not guilty,’ the State announced ‘ready
for trial’ and the defendant did likewise. Then came the selec-
tion of the Jury. I will here state the formalities used in
selecting the jury, for the purpose of showing how far the
Courts of the present day depart from the earlier practice in that
particular :—And I here remark by way of parenthis, that it is
~ at least questionable, whether or not in our effort to simplify
‘we have not gone to the other extreme, and to some extent de-
tracted from the dignity that should appear in our courts on such
peretant occasions.

BUT TO THE TRIAL

When the first juror was sworn, he was required to put
his hand on the BOOK and swear to answer questions as to
his competency. The Judge then propounded the questions to
“him and received his answers. The juror being competent he
was put on the slate. If received, the Judge then directed the
juror to again put his hand on the BOOK, and then said to
» Pee the juror and the prisoner, “duror, look on the prisoner :—
9% Prisoner, look upon the juror:” and then came the inquiry from
a4 2 the Judge,—“DO YOU LIKE HIM,” The juror was then either
Ps accepted or rejected by the defendant. In this case, although
*e (the life of the defendant was involved, there was not a single
“= challenge either by the State or defendant,—a thing I have
25; never heiress since. Lecsate was but one issue made in the
The trial lasted

« = about six hours, aaa run ‘hohiider ably into the night.

+ #

& 0f ‘Not guilty,’ and the old man was discharged. In a year
“<-or two thereafter he died. The State was represented by W.
.W. Capers and Lincoln Clarke. The defendant by Wm. Cooper
‘of North Alabama, M. D. Williams, of Tuskaloosa, B. W. Wilson,
-of Fayette C. H..—Boykin of Columbus, Mississippi. They

“all made arguments to the Judge. I thought Mr. Cooper made
« the prettiest speech I had ever heard, and I have not changed
Bs e “My mind since. Mr. Clarke closed the argument in behalf of


a a
4 \,

i " hy aoe ‘8, 1948,

im ie ae A Fa oie

iy aera,
eee ee
} ae i.
a ee

m, * mS
wry eg Ll ” Ge
Ce ee Mdioli hic <ainal Ca ee we, Las ee Mt Lai ce Bera

2 ; ; she 7 i \ 4
“ (30) OY Chilton County ani He People’ : CMe. ey
miata

Saturday morn ng, in which he hrutally assaulted, Mrs: And Ww:
Wilson, a white lady about 60 years ‘old,and wountled °
very: severely by: atten to se ed life and rp the house?” i

ho He Say 4 wi

. i 1y44 4 ‘ by -
wi f

—W. T. Callen: was County tTienauter in. 1907: a
.‘éioners in 1914 were: W. ¥' Atchison and R.
v AOEW ss AL: Vinson; S. E.
wP. J. Dorminey and D..
i Wiley Littlejohn; 1953,

Commis-
Williams;
Waldrop and Wwe! Werrad fui dt
H. Gentry; 1921,.¢. "Ro Walker and J.
J,.M. Mims: 1925, J, I Burnett») 1927,

Hw gh
te hy met We)

‘ abe tore
a) RO Bi Hel See ua
4

~ i=. a Ler > i enelendh aee

aid. P. Bean and ip a.

31, J. B,

‘Atchison and @.’ D. Duke: 1934) Il. E.
ard R. Olen: 187, J. Monroe j

“J. E. Cobb and Andrew J. Davis. 1941,.

farvish and R.

Maddox; 15 Cobb: 1938, J. G.
tobin oni 1925, How-
1 Ousley; 1939,

Howard Roper and

_ Hoyt Freeman; 19. 19, Jim Dunlap and Neal Harrell.

jomm 3-

\ . Usieper Moward R

oper of the Firot-D

istriet died October 5, 1948,

i

nd in his stead was appointed to the officeiJack Lenoir of :
ogg in _Mr. Roper was the third man in thé history of Chil-
“ton county. to'die invofitce. Felix J. Fitts was elected Sheritt in
November, 1906, and took office January 14; 1907. Hetdied
‘ot typhuid fever June 26, 1907, at the jailer’ % house in Clanton,
My j' ‘itts was buried at Mac edonia. Tom Taylor died January

PE LN ey ,
‘SAR tN ae A. hs as Se thie iv nasil. debacle tah

hia Baila é sah si ibis. ica
' Rie *: i ria ae :
| Street scene in Clanton taken before 1900. Note the’ ‘hltehing ground, in
the forefront whera Clanton Cagh, Store Bs now, tocateds a’

,
sad’ ygft 4g
p ' ' aE oe
‘ fl i is Per Seite 4 ua i
hee ¢ 7 " ee 5 } ey
aie we 34 om ws gi gh Jet em od fa Ae
Ban 1 PoClen Wen % he ae q fy t if t ’ sri 3
i a Co / pe Woy od a f Sey ee ee aes ve og
i \ ae 4 ¥ f os Pony aT) ut st "
3 \ hey 4 Xs ih ‘ dike ye Ptye is ' a
: tf . & : “f an U4 re . ‘ Py ’
>» ‘ ‘ ED Ge 4g
wy aa ee 9 ‘ LO yt ey ‘
te’ i Hii ‘
* Ae fhe: shapes emt ge we int 9 Spree, - Sng he ce say ~
if
4
ti

five mgt ERE his ter 2 as Tax oe netor had ex- .

Ee ito che

ae i a ge
ii -« Jonath:
iy & “Followed bs
wee oP, Callowe
ee 1 1985,° and ni
a “AV: M. Poll:
wpe! In| 1914,
a . Commisstor t
na, 168 ‘county Warr
NM pnd bnild +

a dehtedacrs r

a f. ity politics.
‘ -While, cv
ae War in 191%
ioe ust. Most «
- paved, ‘they
fo A ‘new build
a te ‘vipioh | pt Pr

?

oN
an Eromy ti
pir ongly; heli
and general
Conimis sion:
Robinson.

rc oun.

hip 5 Ae oe -
a as Wm Goll

pas ay One

By } tion, and the
fret ‘precincts in
ite 8 No files

eS "any of the o¢

4 4 4vas° printe: y

AG
ets

1 ay AY ni

His x Vrhe ;

Lh. ea
Ay unlerral:
Cae wir y ia Sh

'
¢ Mess ta :
ee di AT Oe! IY ?
Pee 25 aM) OE aod 4
Pee gt Ee AS }
on Mae EN RS i
er ; a t 1 #: ,

ths ! my A.
¥ eae é H
ah oh *

ne) ‘

ay £

a ’
ei

a) built in BLESS,

Sg pe bly Nest |
. if “ated a’ prini:
+ (Record hacs
oe “The-olde.
j " noe ¥ “Bounty 'c g Whi
Nunes AB, is uate.

H

eople

aemtaind

Chilton ) County have been;
Adams in 1919, Tar] Them.’
MDE, gh Ta
© Coastitutional Conventioriy
901, aay
ves from: the county
(Bild) Collier; 1878.
82; J. 3. Edwards: 1884, Kk,
50M. Dykes} 1890. Great
1896, L. HH. Reynolds; 1900,

48; 1907, J. O. Middleton:
Thomas; 1919, w, A. Rey-

Perey M. Pitts; 1935, C. B.
CoWalker; 1947, C. B: Cox.

J. W:

‘
*

REBENDED. b' , me
YS) their home near i ba

ctWwren J

ne]
Oi1, raised and. schooled by
in, had all grown up and
omfortable nny fairly wall.’
modest home one night in
mo inagedy struck. Unele
Jardered and their howe
bhary ascertained that the
Oo VeNSation for the das.

, Pleasant; 4

i 2 ai ny ove 3 : ne “vo ' am od
E was €] tebiedy howwevoy
Ibe haard of

ca
“eA

lia °
ye , ;
4} yetle) ote bh af eSdrng
BFL 8 ous et ace panes A a
ah POR Gs ia ie OG ¥
‘ Agee Got Ae ef :
Aa et ‘ Bogs Mg f, 8.3

OWeres Moses, Robinson
rop;, 1909, T. G. Milling
and &. J. Hayes; 19138,

rvice goes to Moges Rob-
Mer in January, 1877,
he signed his name as
of two terms he served
thirty-two years. This
of any man in the coun.
Judge L. H, Reynolds, .
over & period of forty’

- ¥
: ita
j MN
i
he
4 7
pr
ra }, ; ' if
: 4
~ hoe I: ere se seaeerepcy tie pees are

ovis Henry Reynalds,
: in the)

vain” "Me ||

er

“

rae,
k y 4

f
ei?

;
iS
'

ed the pre

: Condemned Ner)

CLUES. Diaee
91 two could ba
fo Ta the UPPer story of t]

A

1 - . j
3 4
ree :
Chilton County and Her Peopls (22 )
: af 4 ae us by pty est _ }
Py Leogel Execution At Jail In 1219 ts} ey eee
‘The first and aaly Tegal exceution of a priconny: Mn Ch toy mw |
County (ook place ip fiont of tho county fail I, Clanton on. Bony" ;
day morning, fune 40,1916, Jolin S, Catts, Shoriff, iJhe con. . f
enined man wes. Wiley Younsr, 9 Negro, convis?: forthe jac. :
der of Cleve Iloulditeh at Me plesville on May REDS LALO. 6 Aa
ecaffold wag hu}; mM front of the jal! and a fence built around. ;
it so that the public was not Permitted to witnora the execution, )
Pronouncing the man dead Were Drs. Cragg, McNeil and Joba. hh
con, be Pi |

This was the “econd Nerro man condemned to die by the
courts of the cemmity within a year Joh Lawson af Jontigon, ; ae
Was given the ci ath penalty in May, 19093 the Szecution data Ge? Fis
was-set for July 4th. te Wes convicted form: dering. his wile,
But.on June 1St} Lowagn aud «nother Negro naricd flenry Da. -,
vis dug’ a hole ¢} rough the lirick wall of the jail and escaped, ..'
Sheriff Catts wa: erecsted aid later in Cieted by 41; Grand Jury
for carole ssnoga. |, ut nothing came of the case ajrains, hin, Lhd

2 was Never heard of again, ane ae

The story of Lhe hanging of Wilay Young, reported In
The Banner of June 28,1910, followg:. zit ee at

“A crowd WaMbering some 399 or 100, Including a lew Tac
dies aodschildron, vatheroed around the jail, Where a Billo ws
had been erected, and awa ted the fine] moment when the life °
Of the murderer - “3 to be ended. There was not much to be
seen, liowever, save the flows, across the top of Which yon a
with the rope attae hed, and Oceasionally » 1; Horner

SOon peeping through the bars Of tho windowg ou:
1 jadl, cee | ae

Patiently’ the Mrowd walted, and
tei 0’ pel: ene Gers of the jail were O
ed=man awe3 fed torth, eseorieg by Shorife Catic, Dea Puticg *
Smitheumnen ang Curlecs. There was light h n'the pro.
ceedings, ag the roe wag too long and tne: Negro’ leet tonche © |
und at tie f inst drop; bug the defect wes SOOO remo";

ey f i ate
tL UD Ag,

s00Ut 20 riidut. <
bened and the oan letnn.i

died and in @ fay minutes the Negro Was Pronounced dead py
three doctors,” , Ng og
‘Another Negro Dy the name of Young was lynched iq
March, 191-4, the eecount of which in Tha Banner folloyg: “On
last Saturday Might uboyt 9 O'clock about two Milos west of ,
Clanton Chag. Yotoy. a Nocro MAN about 20 years « 2f9, was!
suspended from . limb of an oak tree witha YOPo aYaund hia
neck and his body Mterally. riddled by bullets, 21 the. beac
of a violent mob of mMknovwan partics, | Young was Iwnehed) ’cw
& terrible crime which he WAS. SIDposcd to have copy witled
" ' wt i wy t . F ¢ i¢
| f Pe Pes =
’ . a ' f
; eI jie ae ri A ? cae
1 (4 f uf 5 ; Ay A 4
ass NA ta Pn: 4 am sme


«

ay es ye ( Bs " 7 oi i i ee i ty i feat ay “ey, | 7 fi “ r zi 4 h rh r fe 7 hs iat es
epee aE ad og EF a ik Abide sw Buea id ali

Pie pspiaayss Vet
al hd £i, iby i iy
, pe ai 4
1)
aie
| Chilton County and Her People (83) I
Her ale Bu ‘ b ;
| Es THE BLACKWELL CROWD j! (
ARS PAST Shortly after Genera] Robert E. Lee surrendered to ah ies
aa Grant and peace was made between the North and the South, aby
i Tete other ie hi ene there was organized in Alabama what was known as the Black.
ie average y Thi weather, well Crowd, which was composed of discharged soldiers of the
Rely. of filtean was ie Confederate Army. This bunch of men was said to be the
crisp and frost the ie d. | roughest and most heartless people that could be found, and
itite iving th y, hi oys } their purpose was to round up all the Yankee sympathizers in
Hp ‘ g them as immy ? the South and the deserters from the Confederate Army. When
io é such a person wui< found he was nearly always hanged to a
irs ago it wag not uncom. tree or ruthlessly slain in scme o

ther n.enner. &énd in other caseg
omes were burned, horses and

Stock taken and barns burned, \
try for her suctor to carry I. The barn of Uncle John Baker was burned and several fine
thing of Walking gix op | horses were taken from him by the Blackwell Crowd. Ander.
ell as nights through the son Honeycutt, --).5 lived cn Yelloy Leat Creek, wag “Ned by
ing on quaré dan¢in the Blackwells,
ne, Which wag Meret At the close 51 the War Abram Mims was living neay Black-
ed until nearly dayligh . snake Creek half 2 mile above what is row Clanton. My. Mims
: ane of different com- Was a good liver and had ic ‘S Of stock and plenty of pre visions, ;
quilting Parties, , © as too old to sn to the army, Lut was charged With being °
‘in Chilton county, like a Yankee sympathizer and of assisting the deserters. The: Ce
uth, had pecualiar ways Ke Biackwe!} Crowd came for him, and ufter taking his horseg °
ish: lang age and used 3 and ca‘tle, Prepared everything to hang: the men ty a tree near Re
t was “allug a clothes | his home. The “towd swas all gathered éround and were play- , eet es
ley usually: teferred to mg tiddles and dancing, generally making merrs o--ep the: ie
nt so schogl to “lar? anticipated hangin, o! the Yankee svrivathizer, Before being fy
so re | “edicated.” Carried to. the noose. however, Mr. Mirts asked to ret a drink : ie if
i ft ints, “spiled’*, or : of water He went «round the house t. the well, and ig being na if
ne they “‘drapped” the |: only a few yards from the thick swamp of Blacksna ke, Mimg | ee if
ops; “brung” in Wood, ff?) made it te the marshy thicket. Members of tie Blacawel] gang ag:
* for chimney, ‘Injun*® | f Jumped on their horses n persuit of } 272, but the her:. ; raired. i, aye J
oricreek ; women “had = ft . down In the soft grotdnd. Mims, being on foot, managed fo ae _ 4
hime gor can,’ “skeet, wade on throug the SWamy and got across th. creek. thy i i ee if
wf + Bay. “TH be there | .., phe fleeing man was attempting to get to the camp “f some cat a
. ; (Kyiar meant car, fifty deserters who were staymg about where -he Bi:m ngham an a
Lissen, younguns, ighwav now GOES invcugh the Wilis' and Bruce Property I q

eant Legislature, and @bove Clanton. Some of the Blackwel} gang had male way ei
or “foteh” was used &round the SWarip ard were in clog

‘hat spoon” was often t

I © persuit of Mims, when bul.
lets bezan to sing between the Blackwel] Crowd and the en-.

Camiped <ieserters, Wi, ~h one of the Blackwyel] men got his hat

ne
. vate
ecert eee

*
5 s * . . ° a
shot off + a déserter, they ‘heeled their horses and jet Mima | me
. be. There Were abai:t twenty men in the Blackwe]] Crowd. . ‘) i ¥
In charge of the VoInbany of deserters was John Wess Du-: bet f.
Bose, whose home Nas JUS* across Poley Bridge Creek from’ re fee
what is now Clanto+'s Neero quarters. The deserters were well Re eo
armed and m every Way pre pared to rrotect themseives, “iy pat j! a teil
Tt at WEY
} b ty Bs fl 4 EPS es i
, “hee ey ey }
i * At fie a 1 gt $
\ ps i 7 ze 7 ‘ \
aa Es lea ee aT oom ~ in Satin G ha 5
? copy ae fe 5
‘ e: i r,t es
KA do 4 if rl Ms ey
é {2 a
os ? 4“ ; a a
4 { et ;
7 * . 4? f
1 ‘ 3 $
@
oS
“a f rit one tit bee ery oe oe ee tem :

(84) Chilton County and Hor People
Older residents say that it was not long after the reign and
departure of the Blackwell Crowd that the Sca lawags and
Carpetbaggers from the North came in and took charge of the Wane
P49 people, their government and everything. They did not kil] world h
aid any of the southern people, but were said to have made life the Spa:
{ mighty hard for them Much property and many homes were

{ destroyed by the Carpetbaggers,

eee A total of seventeen men in Chilton County were killed by
f the Blackwell Crowd immediately following the close of the

. ee

War; most of them were from the northern part of the

Ve

ad county. Some of the men composing the Blackwell Crowd
a ae were killed by the citizens of the county, who were tried in
fat Court and released, A man by the name of Cobb was among |

the Blackwell Crowd, who captured and killed Cobb’s brother

a ee Sa

*

ee
= =

— a

in the northern part of the County. The Blackwell Crowd Op-

as well as another man by the name of Langston. Both lived 3
: i iF erated in outlaw fashion in this section during ear] reconstruc. |
ey ty tion davs and following the svar between the ‘North and South. &
tt i I am indebted to My good friend, Mr. A. H. Glasscock, for some »
‘: Interest*ng data on these operations. Many of the citizens in

0 the northeastern section of the county know about the old Jim
Re Cobb rleve near Stiimps Hills and the sour apple tree to which "
ie, he wes hung. Nov Jim Cobb was noi hung by the Blackwell }
Crowd, but he was x sympathizer with them and a staunch be- i
liever in secession. ]1 's supposed to have been Union sympa- ;
thivers who strung him ip Another man supposed to have
been killed by the same huneh was Burt Sawyer of the section é,
now k~own us awycr’s Cove. The Blackwell Crowd operated }
out of Montevallo and were secessionists to the nth degree;
theyr . ded up men who were suppossed to have been Union
sympiihicers during the war. Men whose brutal death are
charged to the Black. ell Crowd included: Charlhe Cobb (a
brother to Jim) who lived back toward Montevallo, Jonathan |
Huckabee of Union Grove, Willis and Jack Langston of Dry
Valley, Mart McDaniel, Thames Lowery, and Anderson Honey-
eutt. The story goes that Waiter ¢Wait) McGraw was fleeing
when Jim Cobb was being captured, and ag he went across a
hill from the pursucrs they shot his coat-tai] off and stung him
with « bullet or two. So,.it will be seen from the above that the .
Peop-e of what is now Chilton County have always had diver- f
gent political inclinations.

LUG.
Was. o:
- ; Chilton |
Santjago.
1939,
Dr.. Wa
B. Wal)

ut

a: a ee ere AEDT ele saree Soyrhegen mje omens vagy
Ca ah a ee
ee Fe ins at
a Ki %
tay Dee
mg aa
hd tart f
i 4 |
vet a '
va 4 Nyt ee
th i an


Wiis TEN IN MEMORY OF MY BROTHER
FOX HENRY BRUNSON

DEDICATED TO MY WIFE
NANCY COWART BRUNSON

ESPECIALLY WRITTEN FOR MY SONS
MARION BAILEY BRUNSON JR.
CHARLES MATTHEW BRUNSON

COPYRIGHT 1975 AND 1984 BY MARION BAILEY BRUNSON

LIBRARY OF CONGRESS CATALOG NUMBER 74-28559

FIRST EDITION. ALL RIGHTS RESERVED.
EXCEPT FOR BRIEF EXCERPTS FOR USE IN NEWS
ANNOUNCEMENTS. BOOK REVIEWS, AND

GROUP DISCUSSIONS, NO PART OF THIS BOOK
MAY BE REPRODUCED WITHOUT WRITTEN PERMIS-
SION FROM THE PUBLISHER. FOR INFORMATION,
WRITE TO PORTALS PRESS, P.O. BOX 1048,
TUSCALOOSA, ALABAMA 35408

MANUFACTURED IN
THE UNITED STATES OF AMERICA.

Pea Hiver
Reflections

Intimate Glimpses Of Aro.

During Two Centu:

by

JUDGE MARION BAILEY BRUNSON

illustrated by

MARY B. ROLLINS

THIRD EDITION
1975 - 1978 - 1984

A Portals 800k

‘XINNOO Wetsso0o

"wry


wf

S. A. ARMISTEAD, CLERK

ROVE HILL, ALA. 36451
rh rms

®

Mr. Watt Espy, Jr. e
Law Library i
P.0. Box 6205 ¢ A & AN @
University, Al., 3586

. Re: Earnest Williams B/m

Fall of 1919, and tried on Dec. 8, 1919, and sentence to be
hanged on Jan. 16, 1920. The case was appealed to the Supreme
Court of Alabama. He was represented by Mr. E, V. Chapman, and
Q. W. Tucker, Attorneys in Clarke County, and they are now

1 Charge: Murder -1919_

m Dear Mr. Espy: :

After several hours of search we were able to find
bs that Earnest Williams, was indicted for Murder, lst deg.,
ts

.|both deceased. 2

N

e) i
* I have enclosed a copy of the minute entry found, and hope
a you will be able to read it, some of it was hand written and
‘ is not very legible. We could not find a minute entry showing
the Supreme Court ruling. cA .
N Also, we were unable to locate a Case Number, or the file
with copies of indictment, warrants, bond, or Supreme Court
ruling. %

I hope we have been a little sib ple zou.

ours truly,

“pL OMT a 3
PCM Bd dead

nk Circuit Clerk

“ASS SAA/he & =

the PS: I talked with Hon. T. Watrous Garrett and he stated that
\ Earnest Williams was. hanged, and at the time of the hanging that
“+ his Grandfather, S. C, Garrett, was Sheriff. (Mr. Garrett is a

local attorney, his address is P.O. Box 697, Grove Will; Al<;
36451 - :


‘I

oro

en


REP het ES ct Wer ow dd Ho ¢e

CLEBURNE COUNTY

M. W. “Watty” ESPY, JR.
Pp, O. BOX 67

Morgan bho
“ath usps Jr

PL, OC, Sox 67
ne: wl Fat ly silae 363! 1D

\ / Na- 36 24 F 12 «august 1976

Yhe Librarian,
The sieflin or Cleburne County “iorary,
lieflin, sla, 3626).

Dear sir or madam:

Currently I ani engaged in research on Capitel Punishment in the United Sl .ces which I
hope to culminate with the publicttion of a vork which vil? contain a brief bLlogrephicel
sketch of esch perso to ave ‘een legally executed in the United Stetes as well as a

prief account o£ the crimes for which each cled.

Acco.ding to records taet LT have received, no perion sentenced from Cleburne vount;” has
neen electrocuted since the 5 woe of Alaiama comiencad executing Lts prisoners by this

means av the otate Prison in 19°27,

However, prior to this year, those sentenced to cle in Alebama were han ed locally by the
Sherir?."s in une Counties of thoir con ictions and no Ss.be Tepartments or Avencier main-
vain a listing of those earlier cnd Local erecutionre

If vou have any record of any legal hanlings in tielin @ Cleburne County, tien + shall
cerurini; apereciats any information thit rou might provide. If pases or articles fron
« loc-L or County History (fréecvently these make mention of or carry 2ccounts of local
executious cix. spectacular cvimes), neispaper, maycaine or other ruolicavions ere copied
in omy way, then I shall be glad to pay. for the ¢ ost of the copies.

ry twee

ue

If there has never beer a legal hanging in Cleburne County and you can confirm this fact
for me, please do so, 4 notation to this eriect on tne bottom of tils letvwer, returned
to me, would be sufficient notification.
i? vou are unable to assist ne, please nrovide me “ich the names and addresses of your
Yocal Historical S«ciety or Musewi, a local iiisvorian, vour County Sherifr, xcu local

v ] pice) © ae
newspaper, or some other oryonizetion or indivicual who mizht be of assistanceée:

rostage Zor vrour iaply an®t rou “ill be civen credit in the work itscifl
ance rendered,

puanking; vou for vour coopertvion, i am,

tespec sulle sours ,
Po i crerrtrenet4

TIA OIA ‘
jo aahs 3 *
» 7
ee 67

. Tht ae i | ee LR 04
Ss . Shoei Joab iy gy tule 36325
tl.

a

I have been unable to find out about the hangings,if any, that have taken place in

Cleburne County,some people seem to recall vaguely that someone was hanged in Edwardsville

during the time that the County deat was there instead of Heflin. I do not recall my late

father ever saying anything about this,he was wotking in t
and was Tag Collector when the Count¥Seat was moved to heAin? O tanlpdae ‘meoffére 7
older people are gone now that would know & no newspapers of the time are on file, % ‘a |
Richt hanes Hee Seige keg Pa hp Oo. Latson, ,

there

completed in 184].

the mes ais and most modern prison institution is

fisieiel dle 6 a omplex located north of Atmore. The

eae ae in 1928 with a Capacity of 830. It is located

cate c re arm land with approximately 6,000 under

be one of th © canning of vegetables and fruits has come to
© major agricultural prison industries. At the At-

such products as hominy. pj
‘ , Pick : :
She wine e y, pickles and turnip greens being canned
T oe
Sele ee: acreage of 3500 acres ‘‘are in timber and
» ON which some 230 beef cattle, 1490 swine and 1000 layers

ee i ie again changed in 1974 to the G. K. Fountain
ae na er in honor of its first warden, Green Kendrick
Seek ie ana a former sheriff of Escambia County
BAe ae a prisoners to that location and they ae
2 se in some old farm houses in 1927. Warden Foun-
ain ae from its completion through 1931,’ .
oe ee ee has a chapel with a full time chaplain. Out-
CR ea a ie encouraged during off-time and movies are
ete oe as Inmates may attend Atmore State
ae aay erson Davis College to further their
See unit of the complex, the Holman Maximum
ee ee ee completed and occupied in November 1969
aie iam C. Holman, a former warden at Kilby. Th
compound of seven and one-half acres operates with A “ae

ee
ie .@)
No

The Fountain Correctional Center.

of 110 employees, and is surrounded by a double chain link
cyclone fence. The complex consists of four dormitories, each
housing 114 inmates, and four cell blocks, each housing 112 in-
mates. Death row is located in a wing at one end of the building,
and has twenty cells. The electric chair and its operational equip-
ment is located beneath death row.

The tag plant which produces all the automobile licence
plates for the state is located within the compound and is operated
under maximum security.'*

It is interesting to note that the wooden electric chair, first in-
stalled at Kilby prison and removed to Holman, ‘‘was constructed
by Ed Mason, a cabinetmaker from London who was sentenced
from Mobile County in 1923 to serve a term of sixty years for
burglary and grand larceny. Mason also made a frame for a Max

Sasanoff painting which was displayed in the rotunda at Kelly. The
Governor granted Mason a thirty day parole in appreciation’ for

making the electric chair.
Mason failed to return at the end of his parole and later

served time in Sing-Sing, from which he was released in 1938. No

383


‘he Maxwell ;

. Rushing of
ad in the Ait
at Flanders?
his honor#

Mrs. Cecil’
when it was |
r Korea on}
irthday. Onj
Korea. Thé
named Fort:
| of the wars”
| freedom of
the nursing %
yn. 4

cal Edition, |
ial Edition, *

ical Edition.®
nal Guards

CHAPTER XVII
Crime and State Penal Units in

Escambia County

» One August day in 1863, Mrs. Rebecca (Becky) McGowin,
Wife of Jacob L. McGowin who was in the Confederate service,
‘went to spend the day with her parents, Mr. and Mrs. John S.

'Moore. She left her four-year-old son, Jacob, Jr. and baby
| daughter, Emma, in the care of Lauramie (Ramy) Watts. Ramy
' was the daughter of a widow Watts, who became the second wife
| of Anthony McGowin.
') Ramy had cooked dinner, then churned, and was taking up
| the butter when suddenly Tony, a slave, came in the door with an
| ax in his hands. Ramy scolded Tony and told him to get out, but he
' continued to advance. Ramy attemped to run and he hit her on the
| back of the head, crushing her skull. He then went outside and
| murdered Abe, a slave boy, by splitting his head. He then
- plundered the house.

As he started out, he passed the high chair at the table in

1 which sat Jacob, Jr. The little lad threw up his hands and said,
_ “Tony, don’t kill me.”’ ‘‘Yes, I had better, you’ll tell on me,’’ and
| he hit little Jacob with the flat side of the ax, knocking him un-
' conscious. He confessed later that he hated to kill him, but wanted
j to stun him so that he couldn’t remember what happened. Tony
' did not harm the baby, Emma.

The murderer then returned to the James McGowin planta-

tion and resumed pulling fodder in the field with the other slaves as
q though nothing had happened. (James McGowin was the grand-
| father of little Jacob and Emma.)

Little Jacob gained consciousness, crawled to the door, and
fell out onto the porch. A neighbor stopped by to get a drink of

q water from the bucket on the porch and found the little boy crying

and he kept repeating, ‘‘Tony done it, Tony done it.’’ The
neighbor then looked in the house and found Ramy in a pool of
blood; she had groaned and Tony had cut her throat after hitting

her with the ax.
The excited neighbor went hastily to Sam McGowin’s home

and reported his discovery. Sam sent for his father, James, who
looked over the murder scene and then returned to his plantation.

371


ordered to handcuff McDuffie.

cd

Murder of Rose Stainback .
) | A black onan Rose Stainback, was to appear as a yaw
Marching Marshall in front of him, Burrows left | Solin topos ernie algal
locking the manacled McDuffie inside. Then the two | in acourt ac sae Fenian aa ame oe OCT
room where Carter lay sleeping, and Burrows forced the h a numb of threats agaist her life, and fon ay 2
als oe, Carer opened hee Feta led shotgun. Amos was arrested on suspicion. His
shall’s voice, Carter opened the door. See double-barreled shotgun.

5 Pe

- 9€€1Ng a pistol ath t the scene, and beside the tracks
face, Carter sprang to the bed to get his pistol, then turned < oo es ces end ba that had been used as wadding
He and Burrows fired simultaneously. Carter was shot through# an ‘Hod es’ house was searched and a concealed double-
breast above the heart. A bullet had passed entirely throught in the Fe t 7 was found. One barrel had been fired and in the
body of Burrows, who staggered back, his second shot ¢¢ i merelee : nd a wadding that matched the calico scraps found at
through the shoulder of John Marshall, inflicting a painful bute _ oe ine a an’s house, and the buckshot were similar to those
a dangerous wound. The wounded Carter ran out into the str a the sain WOM )

and fired four more shots at th
his pistols as he backed away,
with a shudder.‘

The remains of the notorious R
Birmingham, and then taken to the
office where the coffin was placed upright in a corner, so thai
appeared in a standing position. ‘‘His sombrero was placedaip
his head, a pistol put in each hand, and his favorite rifle leat
against him. He appeared just as during life.”’ Then his pictures
taken, the coffin lowered, and the waiting crowd was allowed
view his body. He was then shipped to Lamar County, Alabar
for burial beside relatives.° ai

It is to be regretted that the close of his career could noth
ilustrated the wise use of the gallows. _

The severely wounded Carter was bedridden for six y
under the care of two Mobile physicians.
was permanently lame in his left arm. z

The $7,500 reward money was held up for some time due
controversy between McDuffie and Carter as to who she L
receive it. It was settled in August 1891, with the largest sharebe
given to the disabled Carter, who was then running for shefig
Marengo County. Marshall and Hildrith were said to have recent
$100 each.° a

Burrell Martin, an accomplice of Burrows in the Flomat
robbery of about $1000, was arrested in Texas and brought

to Milton, Florida, on January 29, 1891, to await trial. Thes
sacola News stated that Martin was wanted for several murd¢

i ’s body.
lank behind Mrs. Stainback Ss
or ne trial, Hodges refused to affirm or deny that he had

killed the deceased. Hodges was convicted and at = need
the Supreme Court. A new trial was ordere ise
na ; dge had refused to give the following defense-reques e
‘henge othe jury: ‘‘That a reasonable doubt is defined to be a
: ld be given.”’
the arene Court sate the confession of sage
that the half-loaded gun was his; ruled that ne rarack ee
motive was admissable; nat his aul. ay eee Pe cions
not killed Rose was no admission ( ; ae
i not admissable. Hodges was con |
ena Gneaon the death sentence, which was carried
8

asd "yee Warder of Sheriff McMillan .

Perhaps the most publicized crime in ign en
was the murder of County Sheriff Edward S. Mc

ill. .

Pe ailraad Bill, alias Morris Slater, alias Bill eres hia
mulatto who came to this area about 1892. ie we now te
never known. He was a secretive person, whic ne mune
wonder if he was an escaped convict ; He walked sti! . eee ne
to the fact that he always carried his Winchester SS eadoeed
left trouser leg. He roamed south | Alabama an a see
| Florida, and his first encounter with the law — t Buf!
Springs, Florida. Deputy Sheriff Allen Brewton wi € Marne’
him that he would have to buy a license or turn 1n fl ;

but sank down on the street anddit
ube Burrows were shippee
Southern Express Co mi}

@>:

In time he recoveredyit

a74 375


. leld, James M =
seized Tony by the arm and told him that he was a prisoner Eo
: y

asked, ‘‘What for?”? He w

ed, an as told, ‘‘for killj ? ”

Which he denied without any show of guilt cia iat =
Tony was questioned al] night, but did

next day, when he was confronted wij

. The First Han in
The first Serious crime recorded he Min

Court was the Tape of an eighteen ite girl es ey

-year-old white girl by a black

as tried,
on the gallows at Pollard on November | jn and hanged

Rube Burrows

Rube Burrows was i
4 notorious bandit of t
roamed the country robbing trains, he late 1800s. He

**“Now, I want you to get down and go back and open the ex-
press car. Get a move on you!’

“I got down off the engine and the robber and my fireman,
John Duval, colored, followed. When we got on the ground, the
fireman made a break and ran. The robber ordered him to stop,
threatened to kill him and fired two shots. The fireman was not hit
and he got out of the way. I went with the robber around to the end
door of the express car. He made me walk in front and he followed
behind, pistols in hand. He made me get up on the platform of the
car and ordered me to break her open. ;

“*I was afraid the boys inside the car might go to shooting and
shoot me for a robber. So I told them not to shoot, and then I com-
menced beating on the door and broke it open. There was some
trunks and baggage piled up against the door so that it would not
open. The robber told the messenger to move the trunks and he
obeyed. The robber then threw a sack, which looked like a coffee
sack, into the car and told me to hold it while the messenger put the
valuables into it. I held the sack and the messenger emptied the
contents of the safe into it. I then handed the sack to the robber,
per instructions. He told me to give him the express messenger’s
pistol and to hand it to him butt forward. I did as directed. He then
made me get out of the car and go back to my engine and get on
her.’’

Burrows was captured in a black man’s cabin eight miles
south of Linden in Marengo County, Alabama, in October 1890.
His captors were J. C. Carter, a country merchant, John McDuf-
fie, a farmer, and two black men, John Marshal and—Hildrith,
who had set a trap for him. He was captured by the two unarmed
blacks. He was then taken to Linden and imprisoned in the
sheriff’s office. McDuffie and Marshall were left to guard the
handcuffed and roped prisoner through the night. Carter, after
taking the $178 on Burrows, secured a bedroom nearby and
retired.

During the night Burrows asked for his leather satchel, which
he said contained some food. He was given the satchel, which had
not been searched, and took out some crackers, which he divided
with his captors. The guards laid down their guns to eat the
crackers and suddenly were faced with two pistols which had been
in the bag. He ordered Marshall to untie his feet and unlock the
handcuffs. Marshall promptly obeyed. Then the black man was


eee pie eee ea BU aa eb i
UR Bee eM a BU ee i MR tt) ei Ue
1] SLA ESATA EL TRE OM BET TRE RE TEAR NREL Tae RT a
| oll su aa BI Naik BL EU LB |

fosesa@obinson and R, ;
. 6: and W. T. : Legal Execution At Jail In 1910
13, W. T. Herrod and

The first and only legal execution of a prisoner in Chilton County
took place in front of the county jail in Clanton on Monday morning,

es to Moses Robinson, June 20, 1910, John S. Catts, Sheriff. The condemned man was Wiley
ry, 1877. In the old Young, a Negro, convicted for the murder of Cleve Houlditch at
as “Moses Roberson.”’ Maplesville on May 8th, 1910. A scaffold was built in front of the
in this’ capacity until jail and a fence built around it so that the public was not permitted
. longest record as a to witness the execution. Pronouncing the man dead were Drs.
he single exception of Gragg, McNeil and Johnson.

ne office and another

This was the second Negro man condemned to die by the courts
of the county within a year. John Lawson of Jemison was given the
death penalty in May, 1909; the execution date was set for July 9th.
He was convicted for murdering his wife. But on June 13th Lawson
and another Negro’ named Henry Davis dug a hole through the brick

The story of the hanging of Wiley Young, as reported in The
Banner of June 23, 1910, follows:

“A crowd numbering some 300 or 400, including a few ladies and
children, gathered around the jail, where a gallows had been erected

be ended.’ There was not much to be seen, however, save the «|
gallows, across’ the top of which was a cross piece with the rope
attached, and occasionally a prisoner or two could be seen peering
through the bars of the windows in the upper story of the jail.

“Patiently the crowd waited, and about 20 minutes after ten
o'clock the doors of the jail were opened and the condemned man

but the defect was soon remedied and in a few minutes the Negro
was pronounced dead by three doctors.”

1914, the account of which in The Banner follows: “On last Saturday
night about 9 o’clock about two miles west of Clanton Chas. Young,
_4& Negro man about 20 years of age, was suspended from a limb of

Mrs. Andrew Wilson, a white lady about 60 years old, and wounded
‘her very severely by attempt to take her life and rob: the house,’’

PAGE 35


heas TEL Tees Coed Pe Se Pah et SAS EM ere FO Sty ME Wy aT ae Te ee Ce Le ee nee ee ee a ee ee hy eh OMe ee a a! |r

—oMO29
MURDER OF ABRAM LITTLEJOHN & WIFE

_ FROM/CHILTON VIEW MAY 5, 1887
» ——~—*~*~—~SCSAN TERRIBLE CRIME

On Wednesday night last Mr. Abram Littlejohn and his
wife were murdered at their home on the Strasburg road four
and a half miles northwest of Clanton. Their dwelling house
was burned down over their bodies evidently to conceal
traces of the crime. Mr. Littlejohn and his wife were very
poor, yet it is thought that the crime was committed for
the purpose of robbery as it does not appear reasonable to
attribute’ it to any other motive. The corner’s jury upon
holding an inquest over the bones of the victims decided
that they came to their death at the hands of some person
Or persons unknown. The bodyof the lady was burned entirely
to ashes, and only a few of the bones of her husband were
found whole.

Parties from the neighborhood were in Clanton Monday and
reported that a negro by the name of Green Harrington,
living at Verbena, was supposed to be the perpetrator of
the disabolical deed, and it is thought that he had as an
accomplice another negro. More than i150 people have been
out scouring the country in search of the fiends, but no
trace of them has been discovered. Harrington is described

as a bright mulatto with black moustache, heavey build and
about six feet high. If he Should be caught up with by any
of the people of the neighborhood, it is not probable that
he will be long for this world.

Chilton View. May 12, 1887

From the two descriptions, one of the negro who murdered
Old man Abe Littlejohn and wife, near this place, and then
set fire to their home burning thier bodies up in it and of
the one who raped a lady at Helena last week, the general
opinion is that they are one and the same person. The
country is still full of people on the hunt for the knavish
fiend who has thus far so successfully dodged their search.
A negro was captured out near Blue Creek last Saturday, by
Messrs. Jno Garner, Mose Robinson and R. Ehrman and brought
in to be identified. He proved to be the wrong man and was
Given his liberty. If the right one is caught it is
probable that he will not last long thereafter.

Chilton View June 14, 1887
ee SOME RUMORS

It is gathered from here and there that the negro Green
Harrington, the supposed murderer of Mr Abe Littlejohn and
his wife has been captured, carried to the scene of the

_ crime where he confessed the deed and was immediately tied

eh EH cea a EP ome agh eae VORP NER AG Kinet


the money for

ds for a brick
‘act was let to
oper could not

Cooper had
in 1869.) The
fo John Grant
t was decided
jail was built
3S of ceiling.
placing a nail
/The old. jail
lot. .

2
in 1873; the
office of the
he courthouse
er, 1877,

1869. until
on, S. C.,
f the first
and deer

Mims and
unty. This

ee

County Commissioners taking office in the
1892, P, M. Moore; 1893, Sam Pate, Alex
and Moses Robinson; 1896, R. C, Riggins,
W. A. Green, J. W. Sorrell; 1903; W. H.,

following years were:
Glasscock, E. W. Bailey

J. G. Smitherman; 1900,
Conway,

Pink M, Moore, who was County Commissioner from 1892 to 1894,
was Sheriff of Chilton County for one

Sampey, merchant, was Mayor of Clanton for one
1897, preceding J. P, VanDerveer, W. L, Sam
Dr. John R. Sampey, famous teacher and President of the Baptist

Ky. The father of the two

The first sign of any typewritten work
. Commissioners Court was in 1904, on Januar
of S. M. Adams as Judge of Probate. The
and on from then on for writing parts of th i

State Senators furnished by Chilton County have been: Thomas A.
Curry in 1911, S. M. Adams in 1919, Earl

Thomas in 1935, and Ww.
A. Gulledge in 1947. Following have been Joe’ W, Graham, Jimmy
McDow and Obie Littleton.

Delegates to the Alabama State Constitutional Conventions were:
1875, William A. Smith; 1901, Lewis Hen

ry Reynolds. The following
were Representatives from the county in the

M:. Dykes; 1890, G. A. Northington; 1892, 0. M. M
Reynolds; 1900, L. B. Pounds; 1903, L. H. Reynolds; 1907 7 J, O,
Middleton; 1911, W. L. Popwell; 1915, W. E

Reynolds; 1923, W. M. Wyatt; 1927, Percy M. Pitts; 1935, C. B. Cox;

1939, Percy M., Pitts; 1943, G. c. Walker; 1947, C, B. Cox; Jim
Plott, Francis Speaks, Grady Hefflin, Lewis Headley and Curtis

KILLER NEVER APPREHENDED

Two old people were livin
now the Johnnie Mim

modest home one night in April, 1887, a lamentable and gruesome
tragedy struck.’ Uncle Abe and Aunt Elmina

were brutally murdered
and their home burned upon their dead bodie

that the robber obtained only fort
dastardly deed, vive

try never to be heard
were buried’ at New Salem.

PAGE 33


%

: Compiled By

_T. E. Wyatt, Editor. of
: The Union: Bannes
In The Year, A.D., 1940

Revised 1950
' Revised 1975 *

Carlos W. Wyatt

AND HER PEOPLE

}
}
i
:
;
;

history you
aper science
n. They are
née oncoming
d what lies

i

| History of
much of his
ee: well as
put both the
hich have a
} to live --

ek

an and an
n be led --
dustrious far
initiative in
‘ighbors and
ed with the
jincerity was
beyond a
wspaper. that .
} paper, The

citizen’ who
tt. the whole
"4 to' do the

Providence
ife,’ Nov. 25,

plete without
ved the idea

yn and notes

on County &
tlatesman and


40 FORGOTTEN TRAILS

county which was three miles south of the present site. After a
spirited discussion in which attorneys representing the several in-
terests took part, it was decided to let the race be between New-
ton and Ozark, and the two rival towns were placed before the
suffrages of the county. The contest was waged with vigor, even
bitterly, Ozark winning out in the end. Immediately after the re-
sult was officially declared a new site was selected. Lands were
bought from Mrs. Mary Gray, Rev. C. Smith and others, the
purchases embracing the old Merrick settlement a half mile south
of the old town. Daniel Munn was employed to lay off the new
town and was assisted by Col. John Merrick. The contract for
a new court house was let to Dr. W. L. Milligan and it was
completed in 1870. ?

The small two-story frame building served until it was de-
stroyed by fire November 27, 1884. The probate judge issued
a call for the county commissioners to meet since ‘‘the court-
house of said county, together with all bonds and records, and
like, have been destroyed by fire this day.’’

Newton made a desperate effort to regain the courthouse, but
failed. On February 2, 1885 the legislature authorized Dale
County to issue bonds to finance a brick courthouse in Ozark.
Two days later the commissioners contracted with H. M. Tye
of Elba, Alabama to erect the building for $5,780.

In 1901 the county commissioners considered the courthouse
inadequate and out of date. They decided to build a new one.
On September 25, 1901 the contract for the present courthouse
was awarded to J. W. Lewman & Company of Louisville,
Kentucky. The courthouse was completed in 1902 at a cost of
$42,500. The county officials at that time were: Probate Judge,
G. P. Dowling; commissioners, W. F. Cox, Lewis Mosley, Jere
Pate and J. W. Preston.

In 1933 the county, through a Public Works Administration
grant, added four rest rooms on the south side of the court-
house. Drinking fountains were also installed.

On July 13, 1965 the county commissioners proposed a new
courthouse on the site occupied by the existing building. The
architect selected was Waid-Holmes Architects of Dothan, Ala-
bama. The new building has four entrances, one on each side
at the ground level and has three stories and a basement. It
has two elevators and is completely air conditioned.

HISTORY OF DALE COUNTY 41

On April 25, 1966 a $780,000 public facility loan was ap-
proved for the new courthouse. The Department of Housing and
Urban Development approved the loan, which is amortized over
a 30-year period at four per cent interest. The loan will be paid
off with funds from an existing 2% mill tax according to Pro-
bate Judge Kirke Adams.

The construction summary calls for plans and specifications to
be completed within 120 days, and for construction to start with-
in nine months. Estimated time for completion of the new court-
house is one year.

The indebtedness being incurred through the Dale County
Building Authority will not be charged against the county’s debt.
Members of the Courthouse Building Authority are; Coleman Gar-
rett, chairman; Sam Carroll, vice-chairman; and Martin Price,
secretary.

The new courthouse structure contains 38,000 square feet of
floor space. The basement floor provides facilities for the sheriff’s
department and board of education, in addition to an employees
lounge, storage space, and mechanical area. The ground level
houses the offices of the probate judge, county treasurer, tax ac-
cessor, tax collector, and commissioner’s cc iference room. The
second floor includes the courtroom, circuit judge’s office, cir-
cuit clerk’s office, law library, jury and witness rooms. The
third floor is an unfinished area, walled in, with a minimum
of partitioning to provide for growth. The architects advised
the commissioners it would be more economical to add this
floor during the initial construction.

During the construction of the new courthouse, the county of-
fices were moved to the National Guard Armory on South Union
Avenue.

MIGRATION

The county was principally settled by people from Georgia and
South Carolina. They generally cultivated their lands several years
until the fertility diminished, then moved westward. People
thought their neighbors were too close, living within a radius of
a mile, and moved elsewhere.

Other reasons were personal. A man living in Dale County
moved his family and one hundred slaves to Texas, because he


PL ROSE BEC NE ERI 80 Br RR ong Tapes OM,

PLEIN TS I

20 FORGOTTEN TRAILS

wife’s mouth and I call upon God to witness it that I am telling
the truth. I was sick of the awful crime and if I could have
called it back all the fair damsels in Alabama could not have
influenced me to have allowed such a thing done. Standing
over this death trap as I am, I have hope of meeting my God
in peace. I have given up mother, brother, sister, aad friends
without great trouble, but my only dread is to leave my three
little boys to lead the orphans’ road as I have done all through
life, all on the account of a fair damsel. I know my children are
in good hands. They are with Jay Ammons, a cousin of mine,
who lives near Echo and you know, people, they are dear to me.
They came to the jail to see me last week, and the oldest remem-
bered the times when he knelt around the family altar in prayer
and he asked me if I ever prayed now. I always had family
prayer at my house when at home.

“Tam giving away in my voice, but I am not in the least
excited. I could stand here and tell of the horrible crime that I
have got to suffer for today. I was raised near Echo in Dale
County and lived happily with my wife prior to the time I met
this young lady and had it not have been for Mr. Baldree and
his daughter, I would now be at home with my family. Young
people take warning at me. Don’t let a flattering girl lead you
astray and damn your soul, but live a Christian life.

“I have forgiven everybody. I die with no malice in my
heart, and if John Q. Baldree is here today I would like to shake
his hand and tell him I have nothing against him. I feel like
God has forgiven all my sins, and I expect to know Dolly again
in Heaven where enemies can never separate us. I never thought
that I would die this way, but it seems that fate has been against
me.”

Just here W. H. Simmons proposed a contribution for the
condemned’s children. During the interval Duncan stood upon the
gallows smoking a cigar and recognizing some of his boyhood
friends. in the crowd and spoke to them very pleasantly. Someone
in the crowd made the proposition for all who were in favor of
saving his neck to hold up their hands. Simultaneously thousands
of hands went up and Sheriff Byrd and the prisoner saw the
imminent danger. The doomed man assisted the sheriff in quiet-
ing the sympathetic throng. “

a Ra el at Ei a a A ae

STORIES FROM DALE’S PAST 21

Duncan was informed that he had but about 10 minutes to
live and that he must hurry through. He said, “‘I do thank this
kind people today for the kind contribution to my poor little
children, and it is a consolation for me to know that in my last
hour I have friends and sympathizers. I desire to return thanks
to the sheriff and jailor for their kindness to me since my con-
finement in jail. My attorneys, Carmichael, Simmons and Borders,
have worked for me manfully, without money too, and I desire
to thank them in my last moments. I must leave you now, my
time has come, so one and all, Goodbye.”’

The curtain was drawn back and the people inside the enclo-
sure began telling him goodbye. Sheriff Byrd began tying the
knot. Duncan wanted to examine the tie and asked that Byrd
not get excited since he himself was not. The cap was put over
his face. He asked how long it would take for him to die after
the trap was sprung. He was answered by someone in the en-
closure.

The trap was sprung at 2:30 o’clock and his neck was broken.
He died within six minutes and was cut down. He never moved
a muscle after the drop.

His body was loaded on a wagon and taken by relatives to
Damascus Church, located one mile south of Graceville, Florida,
where he was buried.

THE McSWEEN MURDERS

The McSween murders were among the most gruesome ever re-
corded in the history of Dale County.

Angus McSween and wife, Mary, lived in a little one room
house three miles south of Newton on the present Newton—Hart-
ford highway. McSween was a good farmer. He had a black-
smith and woodwork shop at his home. The couple were thrifty

and kept their savings in an iron safe in one corner of their

house.

One night in August 1893 they went to bed as usual, not
dreaming of the awful tragedy which was just ahead. Sometime
after midnight someone rapped on the door. Getting out of bed,
McSween opened the door and two Negro men stepped inside.
One had an axe and the other a hammer, which they had found
in the blacksmith shop outside. Without further warning, one of

Pane eRNRenomne teense _—

——

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38 FORGOTTEN TRAILS

It was a general practice for the men in a settlement to help
each other build their homes. This was commonly called house-
raising. After the labor of the day, the man for whom they were
building the house, brought out a keg of whiskey, over which he
placed several baskets of corn. After the men had shucked the
corn, they drank the whiskey and usually rode their host around
on a rail. While the men were working the women held quilting
bees. The young people amused themselves by peanut shelling and
dancing the old square dance. These affairs were usually held at
night. Life was crude but the people appear to have been satis-
fied.

Most of the houses were constructed of logs with hand hewn
boards used as shingles for a roof. Mud was used to fill the
cracks between the logs. Glass windows were rare, and most of
the houses had wooden shutters which opened outwardly. The
chimneys were often made of mud thatched with sticks which
sometimes would catch fire.

Most of the furnishing were as crude as the houses. The furn-
iture was homemade of rough material, or puncheon logs. A bed
would be made in a corner of a room with the wall forming three
of the bed posts. Ropes were used to bottom chairs which were
hand fashioned and pegged together. Benches were provided for
the children to use at table. Cooking on the open hearth was
still prevalent in the 1840’s and 1850’s. Stoves were beginning
to be used in the latter decade.

The spinning wheel and loom occupied an important place in
the home. The women made practically all of the clothes for the
entire family. This was one of the heavy burdens frontier women
bore.

The people bought very little food since they raised most of
what they needed. Coffee and salt were two of the things which
it was necessary to purchase. The farmer’s swine, cattle and chick-
ens furnished the family with meat and could be supplemented by
wild game which was plentiful. Vegetables of almost any kind
flourished. Winters were so’ mild that some things would grow
most of the year. «

There was little in the way of recreation to occupy the peo-
ple’s leisure time. For the men there was hunting, and fish-
ing. Shooting matches were common occurrences with turkeys or

some other prizes given to the winner. Gregarious desires often

es a aa rr aed’

A OEE EL IIL ot ML LLIN SOLE IE LEE LL

HISTORY OF DALE COUNTY 39
were restricted to loitering in villages or around the stoves of
country stores.

When a farmer had work to do which required outside labor
he would ask his neighbor for help. Life was more monotonous for
the women for they had more work to do and were tied more
closely at home. If they had neighbors close enough, visits were

exchanged, and they would converse while they sewed, knitted or
quilted.

DALE COUNTY COURTHOUSES

Old Richmond, the county seat of Henry County, was included
within the boundaries of Dale when it was created in 1824. A
legislative act of December 20, 1827 provided that circuit court
should be held in the Old Richmond courthouse until a new
location was selected and suitable buildings erected. It served as
the seat of justice just over a year. The first courts in the coun-
ty were held here. Known today as Wiggin’s Springs, it is located
about ten miles east of Newton.

- “In 1829 circuit courts were to be held ‘‘at the house of Creede
Collins.” Located two miles west of the present site of Dale-
ville, Collin’s house served as courthouse until 1831.

As early as December, 1827 the county’s officials were instruct-
ed ‘‘to fix and designate a suitable place for a seat of justice and
to contract for and superintend the erection of necessary public
buildings.” They selected Daleville, known then as Dale Court
House. The first courthouse was constructed of logs in 1831. In
the late 1830’s it was replaced by a frame store building pur-
chased from Dr. W. L. Milligan.

When Coffee County was created December 29, 1841 Daleville
was considered too near the new county. A new location nearer
the center of Dale County was desired. Newton was selected and
the county seat moved there in 1843.

After the Civil War the town of Ozark was growing. Some
people talked about the possibility of removing the county seat
from Newton, since Ozark was more centrally located. “‘At a
meeting of the board of County Commissioners three places were
placed in nomination before the Board - Newton, where the
county seat was then located, Ozark, and the center of the


a FS NRE ROR NN REE EE Im SE Oa EOL AED ARNT SEIN POPES LOEEGEL PRAIRIE NI. ae

22 FORGOTTEN TRAILS
the Negroes struck the 67-year old farmer on the head with the
axe, killing him instantly. Then they killed his wife. The motive
was robbery, but the assailants after considerable hammering, were
never able to open the safe.

Several days passed before anyone knew of the crime. A son
came to their home one morning, and found his father and moth-
er lying on the floor in a pool of blood.

Two Negro men were soon placed in jail on suspicion. One
was John Beveritt, who lived across the road from the McSweens.
The other was Mitchell Wooten, who had worked for Mr. Mc-
Sween. Beveritt was soon released, but Wooten remained in
jail at Ozark.

One morming while being questioned by the sheriff, Wooten
stated that he knew nothing about the murder. He had prayed
that God would show him who did the killing. He said the Lord
told him it was Jim Summers, and Mike McCrea, two Negroes
living at Pinckard.

When this news reached the accused men, they fled to the
swamps where they remained several days. They were finally
captured and placed in the county jail in Ozark.

The date for the trial was set for September 22, 1893. Hun-
dreds of people for miles around flocked. to Ozark’ to hear the
trial. The three Negroes were sentenced to hang and the execu-
tion was to take place on Wednesday, September 26, 1893. Mit-
chell Wooten held fast his plea of innocence, but asked to be
hanged first. His statement made on the gallows just before he
died, delayed the hanging of Jim Summers and Mike McCrea.
The lawyers decided to give them another trial. They were kept
in jail until the fall term of court the following year.

On September 25, 1894, the two Negroes were again brought
to trial and as before, the courthouse was packed with angry peo-
ple. Public sentiment ran high.

Records of this trial are on file at the courthouse at Ozark.
One of the documents reads thus: ‘‘The State of Alabama, Cir-
cuit Court, September term 1894 Dale County. The Grand Jury
of said county charges that before the finding of this indictment
that Jim Summers and Mike McCrea, unlawfully and with malice
killed Angus McSween by striking him on the head with an axe
and hammer. The Grand Jury of said court further charges that
before the finding of this indictment, Jim Summers and Mike Mc-

Sn aoa ee iis

STORIES FROM DALE’S PAST 23

Crea unlawfully and with malice killed Mary McSween by strik-
ing her with an axe. Against the peace and dignity of the State
of Alabama. Signed; John V. Smith, Solicitor of the 3rd Judi-
cial Circuit.”

The statement of the jury was as follows: “‘We the Jury find
the defendants guilty of murder in the first degree and recommend
that they both suffer death. Signed, J. R. Horne, Foreman of
Jury.”

The sentence was read by the Circuit Judge: ‘““The following
sentence and judgement is considered ordered by the court in pur-
suance of the verdict rendered by the jury that you are guilty as
charged. It is further considered ordered by the court that you,
Jim Summers, and you, Mike McCrea, be conducted from here
to the common jail of Dale County, and there be detained by
the Sheriff of said county, until Friday, November 16, 1894, at
which time the Sheriff of Dale County, Alabama, shall conduct
you from said jail to some proper place and then hang you by the
neck until you are dead, and may the Lord have mercy on your
souls, and that the Sheriff of this county be charged with the
execution of this judgement and it is further the order of the court
that the Sheriff allow all ministers of both colors access to the de-
fendants during proper hours to administer to the spiritual wants
of the defendants.”’

On November 16, 1894, Jim Summers and Mike McCrea were
hanged at the old jail at Ozark, located northwest of the present
courthouse. Hundreds of curious spectators viewed the hangings.

Jim Summers was the first to mount the gallows. He made
the statement that Mitchell Wooten, who was hanged one year
before, was innocent. Summers stated, ‘‘The night of the kill-
ings, Mitchell wouldn’t go in the house with us, and begged us
not to do it. He lay out in a fence jam while Mike and I did
the killing.”

Sheriff Ramsey Sims sprang the trap, and Jim Summers paid

-for the murder of two people. After the body was cut down and

Mike McCrea was being placed on the gallows, Sheriff Sims
stated, ‘“‘Before Ill kill another, I’ll give up my job.’’ Pat White,

_ Deputy Sheriff, stepped up and sprang the trap which killed Mc-

Crea.
It was said that blood stains were yet visible when the Mc-
Sween house was razed in 1947.