North Carolina, S, 1812-1853, Undated

on ere Ce oe ee ore

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ea ee a ee ee eee SE eS ee ee ne en Ss —" ——— poe a ii aig a, ae eal — Da iat ——

SAMPSON, J,hn, black, hanged at Fyetteville, Ne C., 6=1l-XARzx 1822,

"The Spring Term of the Superior Court for Cumberland County, (says the FAYETTEVILLE
GAZETTE, of May 1,) commenced its session on Monday last, his honor Judge Badger,
presiding, =- This day thec riminal docket being taken up, John Sampson, a mlatto
man, was arraigned for the murder of Burwell Rouse, in August last. An un=
successful attemt being made by his counselfor a contiyuuance of his cause until
next term, the Court the proceeded with the trial, which has consumed nearly the
whole of this day, and we stop the press to announce that the Jury returned (about
half past 8 o'clock) this evening with a verdict of GUILTY of the matter charged

in the indictment." REGISTER, Raleigh, NC, 5-10-1822 (3:).)

Slave SAM

(Need confirmation, )

Convicted of rape, Rowan County, N. C., of Le Sey a
white female, Conviction affirmed 2 Devereux 567, and
execution ordered, Probably hanged 1831,

Executed on 0/28/31.

Tarborough Free Press, W-15-3/ 3:2.

itself
mong

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oe . ing

Ro ie He fala Juiler Brann, OF Wi
Laripgtorr, ‘just before heowas ied fe the}
death chamber, that hits tiarderes Ws?
Wife; Wes” denply gorse far atc balothat
aly: Wis Over n wo Deane Ra Sata Fh
St wagon June 27. ast dh af Safullin.
Wait: tis the boarding hols rt m Ke tits
Wife? and - Urged Tec Giei tiation, «Mrs.

Mp ts Sandtin: declining i Consider Suet A
gthing- in View.oF. repeated. tro ble be

ndere
and.
work,
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HN élevtroeu von eng Simied ite deard «>4,
Silicate were :
4 Koone,
i Branch. ‘of: the Witligton fal

a3 Seemed: in ber mine disperate,
ther repeatediy anit then. arene is

rariftl =
sald yo 2

E alive “This Yo something e nea 7 thouger!
kness:{ Would happen insthis work? to ane.”

“The attendants handled the oor.
fellow rapidty and: had hint seeur, ly

minutes, when the sighal was glyen
and the firsi shou ‘or j.Sas. yelta” was
turned on.. ‘The phy sitfans found his
heart. still: beating ‘and there. was a
Second. shock at JU237- and ‘a third’ At:
10539. 22; Physicians: Pronoune ed hin
dend- at 10: 13.2:

a ‘Phe physicians found thi tt the heart

today, “and. iheré: Ws a second shock)
at 10:37. ang a third at ta:39 ¥-2.° The
physicians © ‘pronsune ed. him> dead- ‘at
WOAY was’ taken from

we the: Tepresentative of the Sandlin
fami: DreieTe uM: Jordan, Ros. Ste-

OF the) SlOCtrOauion, | 10 sie ‘that. the
death Selitence ‘Was Tully execut: ad
“who whregsed the}

MY: Munford,
Bs, oh rh ang a! ler:

Cte

Bardia ett 8a- etateineant

ts to hy

ernor- ‘Kitchin,’ “when the effort

fbn for, comunitation.-

S aphsis

"WARRINGTON TOWED. INe

WES

eee ns at eevee

Torpedo ‘Boat Considerably. ‘Damaged.
“No News of Schooner.” --
yf Norfolk, Va,, Dec. 29.—-Looking more
like “shé “had-~been worsted in battle
with 25. feet: of her stern torn away,
her ¢rew exhauste@ but. happy, -the
torpedo® boat: ‘Warrington, ‘which wags
rammed by a schooner 20 miles. below

morning, - reached the navy yard at’:

o-clock tonight in tow of the: ‘tugs Mo-
hawk and Wahneta. Lieut..Cammand-
er W. M. Hunt, commanding the War:
rington, recently told of the collision.

‘He said: “The collision occurred about

strapped in the deain chair in two i'0:

was. still beatlpg,- after’: the first shock |

the clair and Gdliverar tochis: brother” ae

yens© and. J. He Harrts were in charge |) s

ine *hities. P.

blayy Te at

éstablléhed to the satisfaction at’ Goel:

Cape’ Hatteras at -1- o'clock: yesterday.

Yesolution.
vi} be taken
mittee will

becn helt on the Lindbui
Mr. Foster's ° ‘resolution:
jap also and ‘then the c
szcomimend a joint inquiry. -
This is in line with Der
ax plan, the reles‘.co
bers believing that. the.
can be taken np bya
tec, instead .of by. three - ‘yeparate com-
‘Mittees, because all of: them are al-
lied; the ‘purpose of the: ‘proposed ‘in:
quiry, in each case being to determine
whuther. or not there are violations of
the Sherman anti-trust {aterstate. com-
inerce and: ‘National banking. laws...
“The plan“is declared. ‘to have, the
support of virtually. can the ‘Democratic
POURS: Jonders, sdel ere

FAIL to -AGRE

Amittee. mem-
Tee subjects

‘ SGuetonimateciag

Matter of ‘Fifteen Per
‘in Telegraphers’:
Dee,  25—

nt. Increase
aries.’

“Rie ‘hmond,: Va. Failure to

treach an agreement In’ the nyatter of

the 15 per cent. dncreng ¢-densanded by
the telegraphets of the ‘Chesapeake
“Ohio Railway today caused | both

i ys we AL: 4% ides to ccucur in a-proposition to sub-

He
;
apt tit, the
ADAM \;

whole gucstién to Martin: A.
ofthe Commerce Court, and
Neill, Inbor commissioner,
for ane lation. « A strike vote submit-
ted io the’ Chesapeake & Ohlo branch,
Order of Railway Telegraphérs, on De-
tember 14th, showed that the’ 800
menvbers’ were unanimous in demand-
‘Mur an Increase. > A number of confer-
ances have been held «nd while the
eompany offered an increase of -5 .per.
oente.it was rejected by the men. In
Wh effort. to adjust the natter the telo-

samedi 908

ee | sraphers scajed their demands:-from

3 volver, fring: three shole Sintra yer ih t0,42 1-2 percent., which the com-
‘ body. She died “ahpist inst “ta! hes cand eesth in turn, sO}erly d. oe nee Bie
: Sandhin turned his gin on Hinges, que Pe 2
flitting only ~a- flesh” ads ch / Bt atts oe STEALS TO BUY GIFT.
head. A. hard legai ‘igi wis made
for: hin; “principally vn. the ground. nf Thirteen. Yeat 01 New Ale Boy Burg:
ansanity. But this plea couht not hel... ~ 23rizes His Own Home...
I : New York; Dec, 29.—How he wished

{6 givela: Christmas present to his
teacher, but ‘had no money, was told
to Justies Olmsted; inthe aa fo
pCourt, today, by Stiney Marks, 1

years old. He had found the way bins
of. his dilemma by stealing a china-tea
set. from: his mother, Mrs. Fannie
.| Marks. To. protect himself, he planned
and staged a robb2ry. of her home on
€hristmas eve, and s> well did he. imi:

i tate a burglar. that-it took a detective

until: yesterday afternoon to brand the
theft as. qn “inside job.” -
“Sidney ‘Was. arrested © on “paspicton,

g| after Mrs Marks. had found ‘her. home
wir ‘a greag state of disorder, with the
contents @f.drawers scattered over the
ffoors. \. "he ‘justice remanded him to
{.the’ Chikiren’s’ Society.

the. care

SS —— ee eee

ocratic écon:

tle commit,.

ing Over
Was sho
Which, }
age to tl]
~ No ca
resident
individy
provisid
confined
‘prolonge

The “x
have be¢
both sid
the mori
combata}

The K
of the oj
display e¢
against (

A coll

| ind Per

street dj
20th, wa
turbance
ed in thi

the seige
hood of |
the citad
the Rus;

The Per
camp wi
from. the
soldiers |
ing the a
the Pers!
of the sh
flying at
uated né
fell to tl
age was!
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‘}perate fig
jand Max

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an attac
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reply, ay
oy the ast
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de teehee spree elena cane rng ange ERATE TEP

HR

Fa

-decision has been followed in other states and

‘of life and limb as great as that of a soldier

202 72 SOUTHBASTERN REPORTER (N. 0.

cent sum of $12.50 per month. This was truly
“the price of innocent blood.” Had the de-
fendant employed a man or a boy of maturer
years, it would have had to pay a sum for
his services more in proportion to the peril.
Such a person would have known the dangers
and would have charged for the risk.

By employing these little children the de-
fendant is able to cheapen to that extent, by
the competition, the price of other labor.

‘Nor is there any reason shown why the de-
fendant company should not have put tele-
phones across these tracks, and thus trans-
mitted the messages without exposing any
one to such dangers. The only answer to this
is the one that was ineffectually made in the
Troxler Case (124 N. C. 189, 32 S. B. 550, 44 L.
R. A. 313, 70 Am. St. Rep. 580) and Greenlee
Case (122 N. C. 977, 30 S. BE. 115, 41 L. R. A.
399, 65 Am. St. Rep. 734) that it would have
cost the defendant company some expenditure
to put in the automatic couplers, as here it
would cost a little something to put in the
telephones. This court held, without any
statute, but upon the principles of right and
justice, in the Troxler and Greenlee Cases,
that it was negligence per se to subject a
grown man to the danger of making a cou-
pling without using automatic couplers, even
when the man was instructed as to the dan-
ger, and that in such cases the railroad com-
pany could not set up the defenses of assump-
tion of risk or contributory negligence. This

is a well-settled law in our own courts. Our
law is humane.

Chief Justice Fuller not long before his
death, in a case of personal injury, in words
of burning conviction said: “It is a reproach
to our civilization that any class of American
workmen should, in the pursuit of a neces-
sary and useful vocation, be subject to a peril

in time of war.” Johnson v. R. R.196 U.S. 1,
25 Sup. Ct. 158, 49 L. Ed. 363. A conservative
estimate of the number of workmen killed or
maimed in this country every year in indus-
trial accidents is about 500,000. It is said that
the total number killed and wounded in the
Union Army during the Civil War was 385,325.
In other words, the whole Confederate Army
was unable to kill and cripple as many Un-
ion men in four years as are now killed and
crippled in industrial employment in a single
year.

We cannot expect this condition to improve
if the courts can be induced to place the
blame upon those killed and wounded, be-
cause in order to make a livelihood, and with
a purpose of obeying those for whom they
labor, they venture in dangerous pursuits,
while under such conditions the same courts
relieve the master, who created the condition
and gave the orders, of all liability and blame
whatsoever.

The courts elsewhere have not yielded their
assent to the validity of the considerations
urged by the defendant in this case.

W. 475, it was held: “The presumption is
that a boy under 14 years of age is not com-
petent to perform duties involving personal
safety and requiring the exercise of a good
degree of judgment and constant care and
watchfulness; and, in an action for injuries
resulting from negligence of a boy so em-
ployed, the burden is upon his employer to
show that he was in fact competent. Fur-
ther, no usage to employ boys of such tender
years to perform such duties can be upheld.”
Here the boy was under 12, instead of 14, no
negligence by him was shown, and no usage
to employ boys of such age for such duties.

In Wynne vy. Conklin, 86 Ga. 40, 12 S. B.
183, it was held: “Whether a boy of 13 em-
ployed by the defendant to work in a tinshop
was of sufficient age and capacity to appre-
ciate his hazard and provide against danger
is for the consideration of the jury.” In
this case the boy was under 12, and the dan-
ger to which he was exposed was full an
hundredfold greater than that in a tinshop,
and a North Carolina jury in all justice
should have considered and determined the
question whether he was “of sufficient age
and capacity to appreciate his hazard and
provide against the danger” to which he
was exposed.

In Goff v. Railroad (C. C.) 36 Fed. 299, it
was held an act of negligence on the part of
a railroad company to take into its employ-
ment as a brakeman a minor of such tender
years as to not know the risk of the service.

The rule established by Bare v. Coal Co.,
61 W. Va. 28, 55 S. E. 907, 8 L. R. A. (N. S.)
284, 123 Am. St. Rep. 966, that “it is action-
able negligence for an employer to engage
and place at a dangerous employment a minor
who lacks sufficient age and capacity to com-
prehend and avoid the dangers of such em-
ployment, even though the employer instructs
him as to the dangers incident to the work,”
is a well-established rule, being laid down in
Labatt on Master & Servant, § 251; S. &
Redf. Neg. (5th Ed.) § 219; 4 Thomp, Neg. §§
3826, 4093, 4689; Bailey, Pers. Inj. §§ 2758-
2777; Dresser, Employers’ Liability, 466;
Buswell, Pers. Inj. § 203; 2 Cooley, Torts
(8d Ed.) 1130, 1131; 20 A. & BE. Ene. (8d Ed.)
299.

It is a question for the jury to say whether
or not the deceased could appreciate the
dangers and knew how to avoid them. Turn-
er v. Railroad, 40 W. Va. 675, 22 S. E. 83;
4 Thomp. Neg. § 4098.

The place where the child was put to work
being a dangerous one, the question was open
for the jury to pass upon the negligence of
the defendant. Cahill v. Stone Co., 153 Cal.
571, 96 Pac. 84, 19 L. R. A. (N. S.) 1094;
Lynch v. Nurdin, 1 Q. B. 29; Pressly v. Yarn
Mills, 188 N. C. 410, 51 S. E. 69.

In this case a child under 12 years of age,
undergrown, and therefore known to be im-
mature, was set to work by the defendant in
a most dangerous place, exposed to be run

In Molaske v. Coal Co., 86 Wis. 220, 56 N.

over by the constantly passing trains and
shifting engines crossing 18 or more tracks,

N.C) STATE y. SANDLIN 203

to carry messages which might have been
sent by telephone. He was found dead on the
track in the yard with his leg cut off. Under
our decisions the company could not show
contributory negligence and did not offer to
show any. It was the duty of the company to
show that they had instructed any employé,
much more a child placed in such employ-
ment, of its dangers. The defendant did not
show this. The work was of a nature which
required employment on Sunday as on other
days. The child being found dead where he
would be passing in carrying his messages,
if he was not at work that day the burden
was upon the defendant to show it. The de-
fendant did not offer to do so. Upon all
the evidence, taken in the light most favor-
able to the plaintiff, it would seem impossible
to conclude that there.was not more than a
scintilla of evidence tending to show negli-
gence on the part of the defendant.

HOKE. J., concurs in result.

156 N. C. 624)
STATE v. SANDLIN.
(Supreme Court of North Carolina. Oct. 4,
1911.)

1. Jury (§ 70*)—Drawine JuRoRS—SPEcIAL

ENIRE,

Jurors drawn for service during the sec-
ond week of a term, as authorized by Laws
1969, ¢. 342, relating to juries in New Hanover
county, and providing that jurors so drawn
shall be regular jurors and subject only to the
challenges allowed by law to regular jurors,
were properly tendered to sit in a capital case
to complete the panel, on exhaustion of the
panel of regular jurors drawn for the first week
of the term.

[Ed. Note——For other cases, see Jury, Dec.
Dig. § 70.*]
2. CRIMINAL Law (§ 773*)—IssuEs—INSANI-
TY—SUBMISSION. ;

Where, in a prosecution for homicide, the
trial judge at the instance of the prisoner al-
lowed an amendment of his plea of not guilty
80 as to allege insanity, it was not error to
submit a double issue as to insanity and guilt.

{Ed. Note.—For other cases, see Criminal
Law, Dec. Dig. § 773.*]
3. CrimInaL Law (§ 1056*)—OxnsecTions—
WAIVER, :

Error, if any, in submitting to the jury
the double issue of not guilty and insanity,
was waived where no exception was taken
thereto.

{Ed. Note—For other cases, see Criminal
Law, Cent. Dig. §§ 2668-2670; Dec. Dig. §
1056.*]

Appeal from Superior Court, New Han-
over County; Cline, Judge.

L., M. Sandlin was convicted of murder,
and he appeals. Affirmed.

L. Clayton Grant, for appellant. T. W.
Bickett, Atty. Gen., and G. L. Jones, Asst.
Atty. Gen., for the State.

CLARK, C.J. The prisoner was convicted
of murder in the first degree in killing his
wife. The evidence is that the wife had
left her husband after a quarrel and moved
to another house where she kept boarders.

On the day of the homicide the prisoner went
to his wife's house. After some conversa-
tion, he commenced beating his wife. She
screamed and ran from the dining room in-
to the parlor. The defendant followed, beat-
ing her. She ran from the parlor into the
hall, and the prisoner still followed her.
When she got into the hall, the prisoner
pulled out his pistol and shot her three
times, twice in the back and once in the
neck. The doctor testified that either shot
would have killed her. She fell, and the
prisoner stepped over the body and out into
the porch and shot himself in the head but
not seriously. One Moss, who occupied an
adjoining room, said to him, “Throw that

porch, and Moss picked it up.. The prisoner
then said, “I killed her, and I intended to
kill her.” The coroner, who was also a phy-
sician, testified as to the pistol shots, and
on cross-examination testified that he did
not consider the prisoner at all insane. The
prisoner offered no testimony, asked for no
special instructions, and took no exceptions
to the charge.

[1] The prisoner in his brief relies upon
the second assignment of error. The trial
began on Saturday of the first week of the
term. The regular panel of that week was
exhausted. When the court met again on
Monday, the regular jurors who had been
drawn, for service during the second week,
by virtue of a special act for New Hanover
(chapter 342, Laws 1909), were called. The
first juror who was tendered was challenged
on the ground that this act did not apply to
eapital cases, but that a special venire
should have been drawn under Rev. §§ 1973,
1974. The act in question provides that
jurors so drawn “shall be regular. jurors
and subject only to the challenges now al-
lowed by law to regular jurors.” This also
disposes of the assignments of error 3, 4, 6,
and 7, which were because the judge held
that such jurors were regular jurors and
not subject to challenge as talesmen.

{2] The other assignments of error which
were not abandoned need not be mentioned,
except the fifteenth, which was because, in-
sanity at the trial being insisted on, the
judge at the instance of the prisoner allowed
his plea to be amended to allege it, and
thereupon submitted to the jury the double
issue as -to the prisoner’s insanity at the
trial and as to his guilt.

(3] The double issue was submitted with-
out exception at the time, and was there-
fore waived unless it was inherently preju-
dicial. In State v. Haywood, 94 N. C. 847,
the court, while not approving such prac-
tice, held that it was not error in law, stat-
ing that this practice had been pursued in
other trials, citing Rex v. Little, Russ. & R.
430; Regina v. Southey, 4 Foster & Fin, 864;
Buswell on Insanity, § 461.

We do not see how any prejudice could

"For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r indexes

pistol down.” He threw it down on the-

"T161T 62 sequeseg (*o) ceacuey MeN) ISON peqnoezqoeTe feqtum **W *T ‘NIIGNVS

oe

MAMAIVERSITY OF ALABAMA

PRD Ho ee, HM 4


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SATTERPIELD, Riffus, white, 4, elec. NCSP (Wayne Co.) Dec. 13, 193.

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THE CASE OF

The Vindictive Match Sticks

*SLOW OTusg Aq ques

Ausedwog SuTusTTqng p{tdom MeN

|
|
|

] wonver what’s the matter with that dog now,” Herbert Grice
remarked to his wife, looking up and pausing in the act of
unlacing his shoes. The deep-throated clamor of a dog’s bark
knifed into the Sabbath quiet. Mrs. Ruby Grice shrugged her
shoulders.

As Grice continued to unlace his shoes, the bark turned into a
threatening growl. Removing his shoes Grice peered through
the screen door. But the yard was only faintly illumined by the
pale moon, and he could see nothing. Determined to learn what
the trouble was, Grice walked out on the porch and snapped on
the light.

This was his last mortal act. Instantly there was a livid blue
flash, followed by the deadly roar of a gun.

Lead tore through the stricken man, peppered the screen door
and bit into the neatly papered walls of the living room. Acloud.
of plaster dust and wooden splinters showered down upon Mrs.
Grice. A puzzled look in his fast-glazing eyes, Herbert sank to

the porch floor, dead.
Outside in the darkness a phantom assassin fled swiftly beneath

the sleepy stare of a yellow moon.
With this deadly ambush began one of the South’s strangest

| criminal dramas. The scene was the city of Goldsboro, in the

_ heart of North Carolina’s tobacco-growing section; the time,

- Sunday night, October 22, 1933.

' ‘When Sheriff Paul Garrison arrived, a large crowd of curious

. onlookers had already collected. On the porch Dr. R. B. Miller,

“d weg £qQ *suTHOLS AWIYO

usyog

oh |


204 72 SOUTHEASTERN REPORTER (N. OC.

have arisen to the prisoner on this occasion.
Insanity at the time of the homicide could
of course be set up as a defense on the other
issue as to the prisoner's guilt.

The record as sent up recited that the
jury returned a verdict “guilty of the fel-
ony and murder in manner and form as
charged in the bill of indictment.” The brief
of the prisoner objected to a judgment on
such verdict as his last assignment of error.
The court ex mero motu sent down an in-
stanter certiorari, to which the clerk return-
ed that the entry on the docket showed that
the jury returned their verdict in writing
as follows: “(1) Is the defendant now in-
sane? Answer: No. (2) Is the defendant
guilty of the felony and murder of which he
stands charged? Answer: Guilty of murder
in the first degree.”

As the judge filed as a part of the record
his formal judgment in which he recited
that the jury “rendered the verdict as ap-
pears of record, finding the said L. M. Sand-
lin guilty of murder in the first degree,” it
is not easy to understand how so material
an error in the trauscript could have occur-
red. This being an appeal.in forma pau-
peris, it is possible that the transcript may
have been copied by another, and the very
careful and painstaking clerk must have
been inadvertent to the omission of the ex-
act form of the verdict as rendered. It is
the duty of the clerk to certify that the
trariscript is “a true, full, and perfect tran-
script of the recofd,” and too much care can-
not be taken by clerks to verify the correct:
ness of the transcript in all cases, both civil
and criminal. .

The homicide in any phase of the evidence,
if believed by the jury, was murder in the
first degree, and one of peculiar atrocity. If
there are extenuating circumstances, they do
not appear in this record. There could hard-
ly be any extenuating circumstances, if the
evidence sent up is a true statement ofthe
occurrence, 5 ,

No error.

(156 N. C. 159)
CARTERET LODGE y. IJAMES et al.
(Supreme Court of North Carolina, Oct. 4,
1911.)

INJUNCTION (§ 163*)—TeEMPoRARY INJUNC-
TION—STATUTORY AUTHORITY TO GRANT,
Where plaintiff, suing to restrain the cut-
ting of timber on land claimed by him, shows
an apparent title, and satisfies the court that
his claim jis made in good faith, the court,
under Revisal 1905, §§ 806-809, will continue
the restraining order preventing the cutting of
timber until the hearing; and it is not neces-
sary to show the insolvency of defendant,
{Ed. Note.—For other cases, see Injunction,
Cent. Dig. §§ 357-871; Dec. Dig. § 163.*]

Appeal from SuPerlor Court, Carteret
County; Ferguson, Judge.

Action by Carteret Lodge against John T.
Ijames and another. From an order deny-

ing a motion to dissolve a restraining order
pending hearing, defendants appeal. Af-
firmed,

Civil action heard on motion to dissolve
a restraining order issued to prevent the cut-
ting of timber by defendants, on lands alleged
to belong to plaintiff. There was judgment,
continuing the restraining order to the hear-
ing, and defendants excepted and appealed.

W. D. McIver, E. H. Gorham, C. R. Wheat-
ley, and Abernethy & Davis, for appellauts,
F, L. Fuller and Guion & Guion, for appellee.

HOKE, J. The statutes of the state,
in reference to cases of this character (Ite-
visal, §§ 806-S09), as construed and interpret
ed by the court, are to the effect that when a
litigant shows an apparent title, and satis-
fies the court that his claim is made in
good faith, the restraining order will be
continued to the hearing; and there is spe-
cial provision made that an allegation of
insolvency, on the part of the defendant, to
that time usually regarded as essential is
no longer required. The purpose and policy
of this legislation are well stated by Associ-
ate Justice Brown, in Moore v. Fowler, 139
N. C. 52, 51 S. EB. 797, as follows: “The
rapidly increasing value of timber trees
doubtless prompted the Legislature of 18S5
to enact chapter 401; but the efficacy of this
act was diminished by the general practice
of permitting the defendant to give bond and
to cut the timber pendente lite, or otherwis@
to appoint a receiver and permit the rental
value or stumpage to be paid to him. Tha
Legislature of 1901 has thrown greater safe
guards around the rights of such litigants,
and now, when the plaintiff satisfies the
judge that his claim is bona fide, and that he
can show an apparent title to the timber,
the judge should not dissolve the injunction,
but continue it until the title can be finally
determined.” In same opinion it is further
said: “On such hearings, the title is not
required to be proved with that strictness
and certainty as upon the trial.” And there
are several decisions of the court in accord
with the position. Lumber Co. v. Cedar Co,
142 N. C. 418, 55 S. E. 304; Alleghany Co,
v. Lumber Co.,:131 N. C. 6, 42 S. E. 3831.
Applying the principle, we are of opinion
that his honor made a correct ruling in
continuing the restraining order to the hears
ing. .

As the case goes back for trial, we do not
consider it desirable to make any detailed
statement of the relevant facts in evidence;
but, speaking generally, a perusal of the tes-
timony will disclose that in August, 1891,
one N. M. Jurney and wife executed to plain-
tiff a deed for a large body of land in Car-
teret county, and purporting to cover the
locus in quo by metes and bounds, and the
evidence on part of plaintiff tended to show
that sald plaintiff, through its tenants, agents,

*For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes

;
be 4

~ - ant, controverting these allegations and tend-

~* such occupation and possession by plaintiff
or its agents as would serve to mature the

-and with sufficient evidence, tending to show

tae

* BISSETT v. BRYANT LUMBER CO.
_ “(Supreme Court of North Carolina. Oct. 4,
1911.)

A. Sates (§ 358*)—IssuEsS—EVIDENCE.

"Dig. § 358.*j

N.C.) BISSETT vy. BRYANT LUMBER CO. 208

and employés, had been in the continuous
possession and occupation of the property
from the date of the deed. .There were
several affidavits on the part of plaintiff,
from which it was made to appear further
that this deed from Jurney covered the same
property that had formerly belonged to David
S. Jones and his son, Julius F. Jones, urder
whom the plaintiff claimed, and that these
parties occupied the land since 1851, under
deeds describing same, not by course and
distance, as in the Jurney deed, but by natu-
ral boundaries, stated in the deeds, and
which would accord with the descriptions
in the Jurney deeds and cover the same land.
There was much evidence, on part of defend-

ing to show that plaintiff's deeds, prior to
the Jurney deed, did not cover the land in
controversy, and further that neither be-
fore nor since said deed had there been any

title; but it clearly appears, as stated, that
the claim of plaintiff is made in good faith

title, to require that the restraining order
be continued to the hearing.

_ The judgment of his honor to that effect
is therefore affirmed.

~ Affirmed.

N, C. 162)

Ws

Where, in an action for the price of lum-
ber. the issne involved the quantity of lumber
shipped, evidence of the quantity of lumber on
the cars at the buyer’s mill was admissible.

{Ed. Note.—For other cases, see Sales, Dec.

2. BvipENcE (§ 166*)—BEsT AND SECONDARY.
* Where, on the issue of the quantity of lum-
ber in several cars, a witness testified that
he had measured the lumber, and the tally
book showing the measurements of the various
Pieces of lumber made by the witness was re-
ceived in evidence, it was error to prevent a
competent witness from making calculations as
to the quantity of lumber from the book and
give the result.

[Ed. Note——For other cases, see Evidence,
Cent. Dig. §§ 556, 557; Dec. Dig. § 166.*]

Appeal from Superior Court, Wilson Coun-
ty; Peebles, Judge.

Action by C. F. Bissett against the Bry-
ant Lumber Company. From a judgment
for plaintiff, defendant appeals. Reversed,
and new trial ordered.

This is an action to recover $164.66, al-
leged to be due for nine cars of lumber,
Sold by the plaintiff to the defendant. Fight
ears of the lumber were shipped by rail to the
mill of the defendant, and one car was ship-
Ped elsewhere. The principal controversy

of lumber in the shipment of eight cars;
the defendant claiming it was 19,669 feet
less than the quantity claimed by the plain-
tiff. The plaintiff offered evidence tending
to prove that the lumber was measured and
counted as it was placed on the cars, and
that the full amount claimed by him was
delivered. In rebuttal the defendant intro-
duced J. W. Burnette, who testified that he
was employed by the defendant at the time
the lumber was received from plaintiff, and
that it was his duty to tally and measure
the lumber received by the defendant; that
he measured and tallied each car of lumber
received from plaintiff as the lumber was
taken from the car, except the one car sold
at $11, which was not unloaded at the
mill of the defendant; that the aggregate
amount of lumber taken from the eight cars
measured and tallied by him was 85.638
feet; that each piece of lumber taken from
the car was measured and tallied on the
books produced by the witness and put in
evidence by the defendant. Witness stated
that he called off from the tally of said
lumber made off said books the amount of
each piece of lumber so measured and tal-
lied by him to W. W. Briggs; that he and
Mr. Briggs worked up the amount of lum-
ber taken from the tally made by witness;
that the amount aggregated 85,638 feet;
that the tallies on the books offered in evi-
dence showed all the lumber received from
plaintiff by defendant (not taking into ac-
count the car which was not counted at the
mill but was shipped elsewhere without be-
ing unloaded), save and except less than
1,000 feet which was less than 4 inches
wide (the contract calling for more than
4 inches), or that had so much bark on
it that it was not merchantable. The de-
fendant offered W. W. Briggs as a witness.
He testified that he had been over the fig-
ures in the tally book with Burnette, and
bad worked out the amount of lumber, ac-
cording to the tally, but that he had no
recollection of the amount, independent of
the book, which was in the handwriting of
Burnette and was in evidence. He was then
asked to state how the figures, as he work-
ed them out, compared with the figures tes-
tified to by Burnette. Upon objection, the
court would not permit the witness to an-
swer. The tally book was handed to the
witness with the request “to figure up each
piece and tell how much was in each car
according to the tally made by Burnette,
and read over to him, and say from the tal-
ly in the books how it corresponded with
the testimony of Burnette.” His honor ex-
cluded this evidence, and the plaintiff except-
ed. There was a judgment for the plaintiff,
and the defendant appealed.

Daniels & Swindell, for appellant. Pou

between the parties was as to the quantity

& Finch, for appellee.

*Wor other cases see same topic and section NUMBER in Dee. Dig. & Am. Dig. Key No. Series & Rep’r Induxea

ed

®

MNIVERSITY OF . ALABAMA
ape: ROME FOO, aE


beh ud Sed ta ac

288 N.C, 183 SOUTH EASTERN REPORTER

strict application to criminal prosecutions
only. The word signifies the danger of con-
viction and punishment which the defend-
ant in a criminal prosecution incurs when
duly put on trial before a court of compe-
tent jurisdiction. The provision of the
constitution of the United States on the sub-
ject applies only to proceedings in the
federal tribunals, and does not in any way
restrict or prescribe the limits of the con-
stitutional provisions and statutory enact-
ments of the several states, though state-
ments to the contrary may be found in some
early decisions.” See Constitution of Unit-
ed States, Amendment 5.

We see no constitutional question im-
pinged. Defendants were tried on a bill
of indictment for murder found by a grand
jury. They were tried by a jury and never
put in jeopardy twice for the same offense.

Technicalities and refinements have been
greatly eliminated in trials in criminal ac-
tions. For example: In State v. Upton, 170
N.C. 769 (770), 87 S.E. 328, 329, we find:
“Even if this had been a trial for capital
felony, it would not have been error for
the court to have made a mistrial ‘when
necessary to attain the ends of justice.’
State v. Guthrie, 145 N.C. [492] 495, 59
S.E. 652; State v. Tyson, 138 N.C. 627, 50
S.E. 456, which is cited in State v. Dry,
152 N.C. 813, 67 S.E. 1000.” State v. Ellis,
200 N.C. 77, 156 S.E. 157.

On the record we see no error, prejudicial
or otherwise.

No error,

209 N.C. 281

WEEKS v. HOOD et al.
No. 98.

Supreme Court of North Carolina
Jan. 22, 1936.

Banks and banking C=80(5)

Where prior to forwarding bank’s insol-
vency checks which had been credited condi-
tionally to depositor’s account were collected
by corresponding bank and amount thereof
eredited to forwarding bank, relation of debt-
or and creditor existed between forwarding
bank and depositor, so that depositor was not
entitled to preference in amount of checks
after insolvency of forwarding bank and be-
fore payment of checks to depositor.

Appeal from Superior Court, Edge-
combe County; Moore, Special Judge.

Action by Perry A. Weeks against Gur-
ney P. Hood, commissioner of banks, to es-
tablish priority of plaintiff’s claim to funds
in the hands of a liquidating agent of the
North Carolina Bank & Trust Company.
From the judgment denying priority of
plaintiff's claim, the plaintiff appeals.

Affirmed.

Civil action to establish preference, or
priority of plaintiff's claim to funds in the
hands of liquidating agent of insolvent
bank.

The facts are these:

1. On February 25, 1933, the plaintiff
deposited with the Tarboro Unit of the
North Carolina Bank & Trust Company
“for collection and credit,’ two checks
amounting to $2,836.99, “subject to final
payment in cash or solvent credits” as
shown by deposit slip, one drawn upon the
National State Bank, Newark, N. J., and
the other upon the First National Bank,
Binghamton, N. Y.

2. These checks were paid by the drawee
banks and final credit was given to the
North Carolina Bank & Trust Company
by its corresponding bank, the State-
Planters Bank, Richmond, Va., on March
2, 1933.

3. On March 3, 1933, the North Caro-
lina Bank & Trust Company went on a 5
per cent. restricted basis and later was
placed in liquidation.

4. The plaintiff drew out 5 per cent. of
his account, including the checks above
mentioned, between March 3 and March 9,
1933. On May 20, 1933, the plaintiff re-
ceived a dividend of 12 per cent., or $308.-
90, from the liquidating agent.

The court being of opinion that plaintiff
was not entitled to a preference, entered
judgment of nonsuit, from which he ap-
peals, assigning error.

H. H. Philips, of Tarboro, for appel-
lant.

Gilliam & Bond, of Tarboro, for appel-
lees.

STACY, Chief Justice.

That the relation of creditor and debtor
existed between the plaintiff and the North
Carolina Bank & Trust Company at the
time of the latter’s closing is clearly estab-
lished by what was said in Arnold v. Wa-

€—For other cases see same topic and KEY NUMBER in all Key Number Digests and Indexes

en re ee ey

tens

MILLS y. NEW YORK LIFE INS. CO. N.C. 989

183 S.E.

chovia Bank & Trust Co., 195 N.C. 345,
142 S.E. 217. See, also, Virginia-Carolina
Joint Stock Land Bank v. First and Citi-
zens Nat. Bank, 197 N.C. 526, 150 S.E.
34.

The case of Baker-Cammack Textile
Corporation vi Hood, Com’r, 206 N.C. 782,
175 S.E. 151, cited and relied upon by
plaintiff, is distinguishable by reason of
different fact situations.

The judgment denying priority of plain-
uff’s claim is correct.

Affirmed.

DEVIN, J., took no part in the consid-
eration or decision of this case.

29 N.C. 296
MILLS v. NEW YORK LIFE INS. CO. et al.
No. 765.

Supreme Court of North Carolina.
Jan. 22, 1936.

|. Insurance €>186(3)

Payment of first semiannual premium on
life policy to soliciting agent would consti-
tute payment to insurer (C.S. § 6304).

2. Insurance €>198(1)

Under life policy providing for payment
of premiums at home office or to authorized
agent, but only in exchange for official re-
ceipt, insurer, after lapsing policy for non-
payment of second premium note, held not
liable to insured for amount of note paid to
soliciting agent without receiving either re
ceipt or note,

— >

Appeal from Superior Court, Durham
County; Cowper, Special Judge.

Action by J. N. Mills against the New
York Life Insurance Company and an-
other. From a judgment of nonsuit as
to defendant named, the plaintiff appeals.

Affirmed.

_ From a judgment of nonsuit as to de-
fendant life insurance company, plaintiff
appealed.

The facts as disclosed by the record
are substantially as follows:

The plaintiff, who is a reputable colored

physician of Durham, N, C., took out a
-—_-———____

policy of insurance in defendant company
on August 19, 1931, and paid the semi-
annual premium of $208.40 to the solicit-
ing agent, Solomon Blomberg. When the
next semiannual premium became due on
February 19, 1932, plaintiff paid $26.25 in
cash to Blomberg, and gave a note tosthe
company for the balance of the premium
of $182.15. This note was made payable
to the New York Life Insurance Company
at Charlotte, N. C., on or before May 19,
1932, and contains the provision that if
not paid when due, all rights under the
policy would be terminated. Plaintiff
testified he later paid the note to Blom-
berg, but did not get the note or official
premium receipt. The company lapsed the
policy for nonpayment of the second semi-
annual premium. The policy of insurance
contained the following provision: “All
premiums are payable on or before their
due date at the Home Office of the Com-
pany or to an authorized agent of the
Company, but only in exchange for the
Company’s official premium receipt signed
by the President, a Vice-President, a
third Vice-President, a Secretary or the
Treasurer of the Company, and counter-
signed by the person receiving the premi-
um. No person has any authority to col-
lect a premium unless he then holds said
official premium receipt.”

On March 26, 1934, at the instance of
the southern representative of defendant
company, Blomberg gave plaintiff his per-
sonal check for $208, but the check was
returned unpaid, with notation “account
closed.”

Thereafter, on December 7, 1934, plain-
tiff instituted this action against the de-
fendants, in the court of a justice of the
peace, to recover $200 (remitting all over
that amount).

At the close of the evidence, motion
for nonsuit was sustained, and from judg-
ment thereon plaintiff appealed.

R. O. Everett, of Durham, for appel-
lant.

Smith, Wharton & Hudgins, of Greens-
boro, for appellee New York Life Ins. Co.

DEVIN, Justice.

[1] The company admits the payment
of the first semiannual premium, but,
without this admission, payment to the
soli¢iting agent Blomberg would constitute
payment to the company by virtue of C.
S. § 6304,

@>For other cases see same topic and KEY NUMBER in ail Key Number Digests and Indexes

183 S.E.

19

BE ERE REIDE BALA alr FOR ila RR! CHR Re,


286 N.C.

PER CURIAM.

This case was argued at the fall term,
1934, and, after being considered in con-
ference, was assigned to Justice Brogden
for detailed investigation and report. Jus-
tice Brogden was taken ill soon thereafter,
and after several months died without sub-
mitting an opinion. Since his death, the
remaining members of the court who heard
the argument find themselves evenly di-
vided upon the question of awarding the
defendant a new trial.

In accord with the established practice,
the court being evenly divided in opinion,
Justice DEVIN not sitting, the judgment
of the superior court is affirmed and
stands as the decision in this case without
becoming a precedent. Nebel v. Nebel,
201 N.C. 840, 161 S.E. 223, and cases there
cited.

Affirmed.

( erate srsrey

RICHARDSON v. J. M. EDMUNDS CO.
No. 755.

Supreme Court of North Carolina.
Jan. 22, 1936.

Appeal and error €=1071(1)

Exceptions that trial court failed to
state evidence in correct manner and explain
law arising thereon as required by statute
held insufficient to warrant new trial (C.S.
§ 564).

science

Appeal from Superior Court, Rocking-
ham County; Hill, Special Judge.

Action by Alvis Richardson against the
J. M. Edmunds Company. From a judg-
ment for plaintiff, defendant appeals.

No error.

Civil action for damages arising out of
collision between two automobile trucks.

The usual issues of negligence, contribu-
tory negligence, and damages were submit-
ted to the jury and answered in favor of
the plaintiff.

Defendant appeals, assigning errors.

R. T. Pickens and Dalton, Turner &
Dickson, all of High Point, for appellant.

188 SOUTH EASTERN REPORTER

P. W. Glidewell and Allen II. Gwyn,

both of Reidsville, for appellee.

PER CURIAM.

The only exceptions brought forward in
appellant’s brief are those relating to the
charge in which it is contended the court
failed to “state in a plain and_ correct
manner the evidence given in the case”
and likewise failed to “declare and explain
the law arising thereon,” as required by
C.S. § 564. The exceptions are not of
sufficient merit to call for elaboration or
to warrant a new trial. Hence the verdict
and judgment will be upheld.

No error.

209 N. C. 229
STATE v. WATSON et al.
No. 729.

Supreme Court of North Carolina.
Jan. 22, 1936.

Criminal law C171

Where defendants were separately ar-
raigned and pleaded not guilty and case was
on motion of defendants continued to next
term of court, additional arraignuments before
another judge at time case was called held
not objectionable on ground that it constitut-
ed double jeopardy (Const.N.C. art. 1, §§ 12,
13,17; Const.U.S.Amend. 5).

——_~>—_—-.

Appeal from Superior Court, Durham
County; Small, Judge.

Thomas Watson and J. T. Sanford were
convicted of murder in the first degree, and
they appeal.

No error.

At the regular 1935 September term of
criminal court in Durham county, the de-
fendants, Thomas Watson and J. T. San-
ford, were indicted and a true bill found
against them for the murder of one Nathan
Malone, a colored taxi driver. The defend-
ants were separately arraigned in open court
before Judge G. V. Cowper and after first
moving to quash the bill of indictment
pleaded not guilty. The case was then con-
tinued, on motion of defendants, to the spe-
cial September criminal term. When the
case was called the defendants, over their

For other cases see same topic and KEY NUMBER in all Key Number Digests and Indexes

STATE v.

WATSON N.C. 987

183 S.E,

objections, were again separately arraigned
before Judge Walter Small. The case was
tried before a jury, and each of the defend-
ants was found guilty of murder in the
first degree and judgment of death was duly
pronounced by the court below “by inhal-
ing lethal gas until they are dead.” Defend-
ants excepted to the judgment, assigned
error, and appealed to the Supreme Court.

The state offered evidence tending to
show the following facts: That prior to
Monday, August 26, 1935, the defendants,
‘mas Watson and J. T. Sanford, to-
gether with one Moody Johnson, planned to
vet a taxi to go to Florida. On Monday
morning, August 26th, the three planned to
rob Nathan Malone and take his taxi and
use it for the trip. After the plan was
completed, but before it was commenced,
Moody Johnson withdrew from the plan.
About dusk dark the two defendants called
the deceased on the telephone, and after he
came for the defendants and took them in
his taxi, Sanford hit the deceased in the
head with a hammer and Watson took the
wheel and drove the car on a side road,
where a scuffle ensued and Nathan Malone
was killed and robbed. Early next morning
the deceased’s body was discovered. The
Durham police immediately became active
by use of the local police radio, long dis-
tance telephone calls, and announcements
over radio stations in Richmond, Raleigh,
and Columbia. About 11 o’clock a. m., the
next day, the defendants were apprehended
in Savannah, Ga., while driving the de-
ceased’s taxi. Both confessed that they
committed the crime to officers of the law.
These confessions were corroborated in
every detail.

in

The charge of the court below covered
every aspect of the case, to which no excep-
tion was taken. The appellants offered no
evidence at the trial. Moody Johnson
pleaded guilty to a conspiracy to commit
the murder of Nathan Malone. No appeal
as to him was taken.

C. W. Hall, of Durham, for appellant
Watson,

Allston Stubbs, of Durham, for appellant
Sanford.

A. A. F. Seawell, Atty. Gen., and T. W.
Bruton, Asst. Atty. Gen., for the State.

CLARKSON, Justice.

The defendants contend that the only
@"estion involved on this appeal is: “Where
‘he defendants are charged with first-de-

gree murder and after each has been sep-
arately arraigned and pleaded to the bill of
indictment following which the cases were
continued to the next term of court, is it
reversible error to again arraign the de-
fendants when the cases are called for
trial at the next term of court?” We think
not.

The defendants say: “We are frank to
admit that we have been unable to find any
authority for our position.”

The Constitution of North Carolina, ar-
ticle 1, § 12, is as follows: “No person shall
be put to answer any criminal charge, ex-
cept as hereinafter allowed, but by indict-
ment, presentment or impeachment.”

Section 13. “No person shall be convict-
ed of any crime but by the unanimous ver-
dict of a jury of good and lawful men in
open court. The legislature may, however,
provide other means of trial for petty mis-
demeanors, with the right of appcal.”

Section 17. “No person ought to be taken,
imprisoned, or disseized of his frechold, lib-
erties or privileges, or outlawed or exiled,
or in any manner deprived of his life, lib-
erty or property, but by the law of the land.”

In8 R.C.L. p. 134, § 114, is the following:
“It is an established maxim of the common
law, in the administration of criminal jus-
tice, constantly recognized by elementary
writers, and courts of judicature from a
very early period down to the present time,
that a man shall not be brought into danger
of his life or limb for one and the same of-
fense more than once. - This rule not only
prohibits a second punishment for the same
offense, but it goes further and forbids a
second trial for the same offense, whether
the accused has suffered punishment or not,
and whether in the former trial he has been
acquitted or convicted.”

Section 115. “The right not to be put in
jeopardy a second time for the same cause
is as important as the right of trial by jury,
and is guarded with as much care. Accord-
ingly there will be found in the constitution
of the United States and in the constitu-
tions of most of the states a provision that
no person shall for the same offense be
twice put in jeopardy, which, however, is
but a recognition of the humane rule of the
common law, and a plea of former convic-
tion is good under either the constitution or
the common law. The protection thus af-
forded is not against the peril of second
punishment, but against being again tried
for the same offense. Jeopardy, in its con-
stitutional or common law sense, has a

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Aesth FBO 13

THE VINDICTIVE MATCH STICKs at

How had the assassin known that Grice would come outside?
Could the killing, by any stretch of imagination, have been
merely a bungled attempt at robbery?

Questioning soon revealed that Grice had worked fora modest
salary, virtually all of which was spent in feeding and clothing
his wife and three children. There was little of value in the

Grices’, standing in front of the house. Rhodes invited him into

“Rufe,” he asked, “I wonder if you have any idea who might
have killed Grice. | understand you and he were good friends.
Do you know anyone who had reason to kill him?”

“Not a person in the world,” replied Satterfield. “Herbert
was one of my best friends and he confided in me a lot, but if

“Rufe, do you mind coming up to the City Hall for a few
minutes?” the sheriff asked. « hodes will drive you up there.

once to the Grice home. Thirty minutes later, Garrison returned
from his talk with Satterfield. He pulled Rhodes aside,

“Look here,” he said, unclenching a fist. In the palm of his
hand lay several match stems, broken, peeled and chewed.
“Satterfield left them in an ash tray on the desk.”

Satterfield was questioned but he vehemently denied any
connection with the crime. He gave a detailed account of his
aiovements on the day of the murder. After an hour’s grilling
Satterfield was released.

Garrison watched the man’s retreating figure. Suddenly he
Started. Satterfield was walking in a peculiar, pigeon-toed
manner,

The police immediately began investigating Satterfield?s
alibi. At noon the man once more appeared at the Wayne County
Court House and met Sheriff Garrison in the corridor,

Satterfield asked Edward Michaux to come to the court house
the next morning. Satterfield had been working on some ballot
boxes here for the coming election. When Michaux saw him on

The powder-stained shotgun, the chewed and peeled match
stems found in the sheriff's office and at the scene of the crime,

Satterfield then confessed, stating he had murdered the man
because he treated his wife cruelly. The jury returned with the

a

“Guilty of murder in the first degree!”


18> ONE HUNDRED TRUE CRIME STORIES

who had been hastily summoned, was examining the body.

“Died almost instantly,” announced the doctor. “There are
three wounds, apparently made by buckshot. One is in the left
temple, one above the right ear, and a third is above the right
collarbone. They’re deep, and I think the jugular vein has been
severed.”

Police Sergeant G. C. Langster and Deputy Sheriff H. B.
Gardner arrived on the scene, and together the officers began an
intensive investigation of the premises.

Directly in front of the house was a cotton patch. A few feet
from the road, the officers found a flattened spot clearly indicat-
ing where the killer had either knelt or sat, patiently awaiting
the victim’s appearance. Bringing his flashlight closer, Garrison
whistled softly beneath his breath.

“Boys, here is something!” Bending over he picked up several
slivers of wood. “Match stems — broken and peeled! The
killer evidently had a habit of peeling and breaking up matches.”
Meanwhile, Deputy Sheriff Roy Precythe, summoned by the
sheriff, started for the scene of the crime. On his way he picked
up Chief of Detectives L. O. Rhodes,

In a few minutes the pair had arrived at the Grice home. The
heriff quickly informed Chief Rhodes of the salient aspects of
he case. Rhodes suggested to Deputy Precythe that he wheel
is car out into the cotton field. In a few moments a wide area
as flooded with light, and the officers searched for footprints.

The trail led to a ditch, turned right, then crossed through a
ine thicket and merged with a dirt road called Linwood Avenue.
iere it was discernible that the killer had walked toa parked car
and driven away. Sheriff Garrison turned to Chief Rhodes,
“Do you notice anything about these footprints?” he asked.
“Look at them — every one is pigeon-toed!”
Garrison was right! The footprints were those of a man who
walked pigeon-toed. Was this the natural walk of the phantom
killer, or had he planned to dupe the detectives by disguising his
real manner of walking?
A few minutes later the glare of the headlights revealed
another clue. In the heel of one track were traced letters that
spelled out the word “Cushion.” |
Several questions puzzled the authorities. Who could have
wanted to murder the industrious, jovial victim in cold blood?

Wy ak oT cee wager REM. NER


SATTERFIELD, Rufus, white, EXE gasseddNCSP (Wayne) December 11, 1934

the Clue of the
{ PrFELED
MATIC,

~

by L. O. RHODES, City Detective,
Goldsboro, North Carolina
as told to Cecil G. Winstead

Was

the

abc

lig!

rest

o'cl

hor

out

the
pres

rad

be «

lin

of
wor

} Stre

fan

Mr.
whe
in tl
mor:
if tl
abou

A

dog
Gric
IN HAPPIER DAYS STEPS OF DEATH porc

Mr. and .Mrs. Herbert When officers arrived, they Just
Grice are shown above be- ,found the body of Grice follc

fore tragedy in the form of sprawled on his front topy

e sudden and terrible death porch (right). Top right: this
{ for the young husband, A front view of the Grice was
f wrecked their home. She home, showing where the Ji
‘ was found not guilty. murderer stood. ing

i 34

vee meee — ti a ee

REAL DETECTIVE, November, 1935


a A

T WAS JUST another Sunday night to the people of Golds-
I boro, North Carolina. The date was October.22, 1933,

and although it was the fall of the year, the weather
was unusually mild. There had not been any rain in days and
the ground was covered with powdered dust. In the sky
above hung a full moon bathing the earth below in yellow
light. All the world seemed at ¢
rest. ~

The time was abotit nine
o’clock.. People were returning
home from church. Others were
out enjoying the peacefulness of
the night. In many homes those
present were gathered about the:
radio, waiting for an address to
be delivered by President Frank-
lin D. Roosevelt. At-the home
of Herbert Grice, an iron
worker, who lived on Creech
Street in east Goldsboro, the
family was preparing to retire.
Mr. Grice had removed his shoes
when he noticed that his dog, out
in the yard, seemed to be barking
more than usual. He wondered
if there were someone prowling
about the premises.

A few seconds passed. The
dog continued to bark. Mr.
Grice switched on his front
porch light and opened the door.
Just as he stepped from the room there was a blinding flash -
followed by a deafening roar. Grice staggered a bit and
toppled to the floor. Blood was pouring from his body. He
was dead by the time his wife reached him.

James Herring, at his home on Debreaux Street, was read-
ing his paper when he heard the report of the shot that killed

help. Herring rushed to the door.

An assassin, firing out of the dark-
ness, murdered.
Grice as he stood on the porch of
his modest home in Goldsboro,
North Carolina, the night of Octo-
ber 22, 1933. Among the few
clues found by the police were
oddly peeled match sticks strewn
about the ground, where the offi-
cers believed the killer had knelt
in wait for his quarry.
fascinated as you read how these
tiny splinters at length solved this
seemingly ’’unsolvable’’ tragedy.

young Herbert

yy
~

Grice. However, a few minutes prior*to this, Herring had

-noticed“that a car traveling along Evergreen Avenue had

backfired: several times. Therefore, he did not attach much
significance to this second report. Suddenly, the stillness of
the night was broken by the voice of a woman screaming for
The screams were com-
ing from somewhere on Creech
Street, a block away.
A few seconds later Herring
had located the screams. They
were coming from the Grice
home. Herring crossed a vacant
. lot and came up to the back door
of the Grice home. Mrs. Grice
was standing on the back porch,
crying and screaming. Herring
went through the house but
paused at the front door. There
he saw Herbert Grice lying in a
pool of blood. No one else had
yet arrived upon the scene.
However, a few minutes later
people began to gather about the
house.
Among the first to answer
Mrs. Grice’s cry for help was B.
B. Wilson, who lived on Her-
man Street, just back of the
Grice home. Wilson had been
sitting in his living room at the
. time he heard the shot. With
him at that time were his wife, and his daughter, Ruth, who
had just returned from a visit with the Grices about fifteen
minutes before the shooting. Mrs. Grice had stepped out on
her back porch and screamed for Mrs. Wilson. ;

Someone in the crowd that gathered, hurried to a telephone
and called Dr. R. B. Miller, a Goldsboro physician, who re-

You'll be

35


SL ee

vice

“con-
eld, Mrs.

er brother,
t) were in-
to trial for
rbert Grice.

ye working
ost baffling
‘+r happened
a.
- pulled out
fic that was
ilnut Street
curb beside
| the driver
Chief Dep-
ayne Coun-
excited.

Roy?” I

ik.  Some-
d Herbert
-recise.

the car be-
.”’ T began,
d out about

tisk

“Mrs, Paul- Garrison
called me up a few minutes ago
and told me to hurry out; that Her-.

: gone over to investigate,” -..;.. ‘
“Did you get any of the details?” I inquired as the car sped

along toward East Goldsboro. Sa ahs Hate Ye
“Nothing other than that it was probably murder.”

“I wonder who could have killed him? I’ve never heard

of him having trouble with anyone.” Sd gine, tyne

“Probably some of those colored people who live just’ be-

low the Grice home. You know there-are some pretty tough

ones down there,” Roy replied. t Seas
ee

i ‘

I began to ponder over this strange shooting. I knew

ing lived there for years, and plied his trade as ‘an iron:
worker. He was, in life, a man of medium build, about five ©
feet, six inches tall. He weighed approximately one hundred
seventy-five or eighty pounds. His age, I believe, was about

thirty-eight. He was a likable, easy-going féllow, a good ~

worker, and a man who apparently treated his family well.
I remembered that his wife was an attractive. woman, who

‘ F

Sheriff Garrison had
already arrived and was
in charge of the investi-
gation. Assisting him
were Police Sergeant G.
C. Langster, and Dep-
uty Sheriff H. B. Gard-
ner. From these officers
I gathered the informa-
tion presented: in the
foregoing paragraphs.

The sheriff informed
us that he intended mak-
ing a thorough ‘exami-
nation of the cotton
patch opposite the scene
of the murder. Roy Pre-
cise drove his car out
into the field so that the
car lights would furnish
us with sufficient light
to carry on our search:
At-the, place where we
believed the murderer
stood to kill Grice, we
located two of the most
vital clues in the case.
They were footprints
and an..assortment of
broken matches. This
led us to believe that the
killer had knelt here,
at ee and nervously broken
hile he waited for his victim to appear at the front
00,'this spot was situated so that a man kneeling
with a shotgun would have been able to send the -buckshot
into: Grice’s body, and into the walls of the living room, at

l'.a “peculiar pigeon-toed: walk
made officers suspicious of Rufus
Satterfield (above). He had what
seemed an unshakable alibi for his

‘the night of the crime.

~ the’ proper angle.

_- + “Do you men notice anything peculiar about the way those

inspection, |
*~ Roy. Precise, who had just gotten out of the car and come

_ matches ‘are’ broken?” I-asked, after picking up several for

4

- up, answered me. “Yes. It looks as though they were sort

of peeled before they were broken.”

bert had been shot and.that Paul. had -«-» “That’s,right. “Now, I. believe that when we locate the

‘tan who breaks matches like that, we will have someone
who..can-tell us sométhing about this murder.”
~ “But suppose there is ‘more than one person who breaks

atches: liké that.’ Your clue wouldn’t hold in a case like

' that,” said one of the other officers.

““Dhere; might be such a case. But in all probability, the
“man we want lives near here and knows a great deal about
‘Herbert Grice, too. The way he breaks matches would serve
‘to'Bive us’a lead. It would be up to us to establish the mo-

8 “eae ‘tive and find, the convicting evidence.”
S$ THE CAR SPED along through the shadows of the night, Aint Cay
a | Dipset SPOT we began to trace the tracks that led away
Herbert Grice well. He was well known in Goldsboro, hay- ~-L

’ from the place where we believed the fatal shot was fired.
’ Here and there we encountered a track, but the ground was
so dry. that it.was hard to tell much about the prints. The
tracks led toward a pine thicket just beyond the field. We
noticed that ‘the tracks were made by a person apparently

running at top speeds Finally we found several clean-cut

prints. We judged-that. the size of the shoe that had made
these prints was a ning or ten. The ground was too dry for

so far as I knew, was devoted to her husband and ‘children. san accurate measure. “In one of the tracks we found the heel

I was wondering about the ruthless killer wha had hidden in

the darkness of the night and slain this friendly fellow, when ‘

our car pulled up a few feet from the Grice home.
We got out of the car and hurried through the crowd to«::
the house where we joined the other -officers present.

brand stamped in the earth. It was the one word, “Cushion,”
At the extension of Elm Street we lost the trail of the fleeing
killery #.2.5-.

; From hete«we returned to the place where the shot was

--believed to“Haye-been -fired. This time we back-tracked the

37


sponded to the call at once. Dr. Miller arrived at the scene
of the shooting about nine-thirty o’clock and found that Grice
was already dead. The victim was sprawled upon the porch,
with his head near the door, and his feet extended to the’edge
of the porch. Upon examining the body, the docton discov-
ered three wounds, apparently made by buckshot. One was
in his head; another in his skull on the right side of the head,
while the third was over the collar bone. The wounds were
deep, probably going nearly through him, One of them, the
doctor believed, had severed the jugular vein. According to
Dr. Miller, death had occurred about nine o’clock. |

In the meantime, Herring and Wilson had gone to the
home of Sheriff Paul Garrison and notified him of the slay-
ing. Garrison took the men back with him in his car to the
Grice home. There he began an investigation, following the
doctor’s report.

The first thing that attracted the sheriff’s. attention as he
came upon the porch, were several holes in the screen door.
The sheriff decided that someone had hidden somewhere
nearby and had fired on the iron-worker when he opened his
front door. Garrison went inside to where Mrs. Grice was
sitting on a settee. He decided to question her before going
further.

Mrs. Grice, a very attractive woman about twenty-eight
years old, was nervous and excited. She told the sheriff just
what Herring and Wilson had on the way over: That Grice
had been slain when he opened the door to quiet the dog.
She had no idea as to who the murderer could be, since Mr.
Grice was a man with few enemies.

Resuming his investigation once more, Garrison found
that the shots, which had torn
through the screen door, were
embedded in the wall of the
living room, about five feet
from the floor. This led the
official to’ believe the gun that
killed Grice was fired at about
a 45 degree angle. The mur-
derer must have been a rather
short man, or else he had.
knelt to fire the shot.

Outside the Grice home, the
crowd began to increase, and
the sheriff decided that he
must work fast or else all
clues might be obliterated be-
fore he had a chance to con-
tinue his* search.

Had the murderer stood in
the road that passed the Grice
home and opened his deadly
volley from there? Exami-
nation of the road facing the
porch eliminated this. .But
further across the road, in a
cotton patch, was found the
first tangible clue. There
Garrison discovered a well
packed spot as though. some-
one had knelt or sat for some
time.

I received my first infor-
mation about the slaying
about nine-forty-five on ‘the
night of the murder. I had
been standing on the corner
of Céntre and Walnut: Streets
engaged in a_ conversation
with several friends. There
was not the slightest thought
in my mind that within a few

36

POINTS AT ISSUE

As reconstructed by the po-
lice the trail of the killer led
from. Evergreen Avenue
(A), where he left the auto-
mobile, to the ambush (B)
where he waited for Grice
to come to. his door (C),
back through the cotton
patch to where his waiting
car picked him up (D).
Officers succeeded in locat-
ing a woman who testified
she saw the murderer the
night of the crime, and her
evidence eventually helped
to convict the guilty man.

ACQUITTED

Following the convic-

tion and subsequent “con-
fession” of Satterfield, Mrs.
Ruby Grice and her brother,
Donald Sasser (left) were in-
dicted and brought to trial for
the murder of Herbert Grice.

minutes I would be working

on one of the most baffling
cases that has ever happened
in North Carolina.

Suddenly a car pulled out
of the line of traffic that was
moving along Walnut Street
and halted at the curb beside
me. I recognized the driver
as Roy Precise, Chief Dep-
uty Sheriff to Wayne Coun-
ty. Roy seemed excited.

“What’s up, Roy?” I
asked.

“Get in, Chink, Some-
body just killed Herbert
Grice,” replied Precise.

I crawled into the car be-
side’ Roy. “Say,” I began,
“how did you find out about
this?” -

a?
as


trail that the ambusher had taken to reach his place in front
of the Grice home. This led us to Evergreen Avenue. Since
there is a great deal of traffic on this particular street we
were inclined to believe that the killer had been brought here
in a car rather than take the chance of being seen qyalking
in the vicinity of the crime with a shotgun in his hand. Had
there been more than one involved in this cruel murder? We
wondered.

All the time that we were back-trailing those tracks, I was
thinking that there was something unusual about them. The
toes of the print always seemed to point inward. Had the
mysterious gunman tried to disguise the way he walked, or
had he been pigeon-toed? The other officers noticed this
peculiarity, too. “The man that made those tracks was, in
my opinion, pigeon-toed,” said Precise.

“T agree with you,” I added. ‘ “We have two clues, if no
more. Our man breaks matches queerly and walks pigeon-
toed.” : 7
“Well, men,” said Garrison, “I guess that the best thing
to do is to get back to the house and question some of the
Grice neighbors. If we can find some sort of motive to

-work on, we-can start an investigation.”
I separated from the other men and made my way about ,

the crowd. Finally, I picked out one of Grice’s neighbors

and called him aside. “You have known these people for,

some time. Do you know anyone who had ever had any
kind of trouble or hard feelings with Herbert?”

The man studied for a second. “No, Mr. Rhodes, I don’t.
Grice wasn’t the sort of fellow to cause trouble. . But...
I believe that he and a Negro had some trouble over a dog
a while back.”

“They did? Do you remember who this man was?’

“Will Hicks, a fellow who lives near here. Oh, by the
way, have you questioned Rufus Satterfield? Being as he
is one of Mr. Grice’s best friends, he might give you a tip.
He knew more about them than I do.”

Here was a possible lead. Grice had had trouble with a
Negro who lived nearby. This man, in all probability, was
familiar with the habits of the Grice family, and would have

known just when it would be most convenient to kill the.

iron worker. I decided to put him down as my first suspect.
Now I believed that it would be wise to take this gentle-

man’s advice and question Rufus Satterfield, who was known.

to be a very good
friend of the Grice

He moved over to the car. “What is it, Mr. Rhodes?” he
asked,

“Get in. I want you to ride around the block with me
while I ask you a few questions.”

Police-Sergeant Langster, who was in my car at that time,
stepped out so that Satterfield might enter. I drove around
the block a couple of times while I talked with Satterfield, for
I knew that if we remained at the Grice home, we would be
surrounded by a flock of curiosity seekers.

“Well, Rufe,” I said, “can you give me any kind of clue as
to who killed Herbert? I understand that you and he were

pretty good friends, and if there was someone who had a

reason to kill him, probably you might know.”

“Honest, Mr. Rhodes, I’m as much in the dark about this
affair as you'are. Herbert was my friend, but if there is a
soul who had anything against him, I don’t know it.”

Still, I carried on my conversation with Satterfield in hopes
that he might remember something in the past that could
have led up to this. I guided my car in and out of the traffic
in the neighborhood of the crime as we talked. Presently
we dropped into silence. Then Rufus Satterfield spoke.

“Gosh, but my foot hurts, Chink. Something wrong with
my shoes, you know, and I haven’t broken them in good yet.
Put your finger down in my slipper and see how tight they
are.”

This was a rather odd request, at such a time as this, I
thought, but I stopped the car long enough to do as he had
asked. Then I got a big surprise. As soon as I placed my
finger in his slipper I could feel the blood pounding in his
veins, and his body trembling. Was Satterfield telling the
truth, or was he withholding valuable evidence that would
reveal the slayer of his friend? I was inclined to believe
that this man knew a great deal more than he had told. Was
he protecting someone?

Back at the scene of the crime once more, Sheriff Garrison
came out to the car and spoke to Satterfield.

“Rufe, I’d like for you to come uptown for a few minutes,
if you don’t mind. Chink will drive you up there.”

What had Garrison learned in my absence?, Was he going
to question Satterfield as I had? Satterfield replied that it
was all right with him, so we drove to the City Hall. There
he and the sheriff went into my office. Following this, I re-
turned to the scene of the crime. Some time ahout one or

two o’clock, we decided to rest until morn-

family. I believed that
Mr. Satterfield would
be able to“give us a
lead. He might know
something about
Grice’s trouble with

THE CLUE OF THE
HOWLING COYOTE

ing.

ARLY THE NEXT MORNING, Monday, I
learned what had occurred in my pri-
vate office between Garrison and Satter-
field. The sheriff had been under the
same’ impression as myself. He believed

Hicks.

T WAS NOW AROUND

12:15. The crowd.

had thinned out some
and I noticed that Sat-
terfield, with whom I
was acquainted, had
arrived and was
standing in front of
the house. I had re-
turned home long
enough to get my car,
and I was sitting in it
when I first spied Sat--
terfield. I knew him
well, so I said, “Rufe, »

come over here,a-‘min-° -

ute. I want to talk to.

”

you.
38

Two young hitch-hikers, in cus-

‘tody as automobile thieves, did not

know that desert coyotes do not

- habitually howl in the daytime.

But a constable of Blythe, Cali-

fornia, wise in the lore of the

blistering sands, read a sinister
message in the mournful clamor
that came down the noonday

‘winds. Read how he investigated

the coyote’s calls and solved the

brutal killing of Leslie Nichols,

in December
| REAL DETECTIVE |

‘from there around eight o’clock, and re-

that this man might give us a lead, But hic
Satterfield had firmly held to the state-
ment that he knew no motive for this b
murder. He had even gone so far as to e
say that he did not believe that Will Hicks
was involved in this case.

Although Satterfield was not a suspect,
he had voluntarily given an alibi for the
time of the murder. His story. as to
what he had done is as follows: At seven
o’clock he had been in Stanley’s Drug
Store. There he had met and conversed
with Judge D. H. Bland. He departed gol

turned home. From his home he went to
Charlie Cowan’s service station on num- | t
ber ten highway. Here he encountered
Dr. Edward Bizzell and Edward Michaux. j the
After consuming a glass of beer and chat- :
ting with these two men, at about 8:45 he


rove
“ver-
also
f the
lerr-
on at
: the
y for
t the
it in
1e to

gard
ledge
. and
rfield
r the
ry he
» said
icern-
rfield
er.

olved
e ar-
Sasser
ge of
Vayne

Jury
e de-
trial
perior

rm of
-e and
ise of
th the
it be

coun-
n the

© vase
1 trial

The state charged that Satterfield had
murdered Grice in cold blood, and at-
tempted to establish the motive as Satter-
tield’s desire to have the victim out of the
way in order that he might continue his
affair with Mrs. Grice. Witnesses testified
to the numerous visits made to the Grice
home by Satterfield, and to the conduct of
the two. The state’s most valuable wit-
nesses were Lonie Fields and her seven-
year-old daughter who told of seeing the
defendant near the Grice home with a shot-
gun shortly before the time of the crime
on the night in question. The broken.
matches and pigeon-toed tracks were also
introduced as evidence.

The attorneys for the defense tried to
break down the testimony of the two, claim-
ing that Lonie Fields was a woman of bad
reputation, and that the child was too
young to furnish competent testimony in
a case where a man was on trial for his life.

HERE FOLLOWED one of the greatest legal

battles ever waged in a North Carolina
court. The courthouse was packed during
the two-day trial, and an unusual interest
was exhibited in the case. The outcome of
the trial was never certain until the verdict
was rendered. The jury, which was com-
posed of working men and farmers, sat
grimly throughout the trial, and listened
intently to each piece of evidence as it was
delivered.

Judge R. Hunt Parker presided over the
court. He handled the case skillfully and
delivered a very thoughtful charge to the
jury. On Friday, February 2, 1934, the
jury returned the verdict. Rufus Satter-
field was found guilty of first degree mur-
der and was sentenced to die in the electric
chair at the North Carolina State prison.
His lawyers immediately gave notice of
an appeal. :

On October 10, 1934, Satterfield’s case
went to the Supreme Court, but he was
denied a new trial. The date of his execu-
tion was set for October 26. Meanwhile,
his attorneys fought valiantly to get him a
reprieve. They introduced a “confession,”
said to have been made in February shortly
after the trial, in which Satterfield charged
that Sasser killed Grice accidently, while
watching the Grice home to protect his
sister from her husband, who was said to
be a moral pervert. But this was of no
avail.

One morning, a few days before the
twenty-sixth of October, Satterfield called
H. B. Gardner and myself to his cell on
Death Row. There as the first signs of
dawn began to appear on the eastern hori-
zon, he told us that he had plotted with
Mrs. Grice and Sasser to kill Grice, and
that he had been with Sasser the night of
the murder and that Sasser had fired the
fatal shot.

On October 29 Sasser and Mrs. Ruby

WORLD'S GREATEST FRAME-UP

natural death, rejected medical attention.
But then he thought of Lucie and his fight
for vindication, accepted treatment, and
was cured. His physical condition re-
mained in a pitifully low state, however.

At last he was transferred to Devil’s
Island. Wearily the prisoner’s eyes took
in the details of the place. Unlike Ile Roy-
ale and Saint Joseph, it was almost barren
—a small, rocky uprising in the sea, with
only a few scattered cocoanut palms to af-
ford protection from the blistering sun. No
other convicts were confined there. There
were two buildings—a hut for Dreyfus and
quarters for his guards. The hut, barely
four yards ‘square, contained a barred com-
partment from which a warder could ob-
serve the prisoner as he slept.

Grice, at a hearing before Judge R. Hunt
Parker at Greenville, were remanded to
jail without bond. Satterfield was brought
to Greenville to testify against the comely
widow and her brother. He was given a
reprieve in order that he might testify at
the trial of the two.

A court order from Judge M. V. Barn-
hill at Rocky Mount allowed us to bring
Satterfield back to Goldsboro on November
22 to re-enact the crime. We arrived in
Goldsboro at 12:15 o’clock. For the next
two hours he re-enacted the murder, ac-
cording to his version. Following this, and
after being allowed to speak to his children
while in town, he was returned to his cell
on Death Row. °

On December 3, 1934, Satterfield was
brought to Goldsboro again. This time he
testified before the Grand, Jury, and Mrs.
Grice and. her brother were indicted for
the murder of Grice. Efforts of the de-
fense counsel to delay the trial were un-
successful. The trial began in the Wayne
County court on December 5. The prose-
cution based its case on the testimony of
Satterfield, who now had changed his story,
saying that though he, Satterfield, had fired
the shot that killed Grice, Sasser’ had ac-
companied him, and that Mrs. Grice had
been in on the.plot.

Mrs. Grice and her brother, Donald Sas-
ser, were defended by Hugh Dortch and
N. W. Outlaw, Goldsboro attorneys, who
put up a brilliant fight for their clients. On
December 12 the case went to the jury
which was composed mostly of farmers.
The jury retired at 6:15 o’clock. At 8:40,
after having taken time out for supper, the
jury reported that it had reached. a deci-
sion. Twelve hundred people jammed the
courthouse to hear the verdict. Mrs. Grice,
dressed very neatly and with her hair
waved carefully, appeared calm and. col-
lected. Sasser still kept his cheerful atti-
tude which he had maintained. throughout
the trial. The verdict of the jury was,
“Not Guilty.”

With all hope now gone, Satterfield re-
solved himself to his fate. “Tell them all
back home,” he said to Reverend A, J.
Smith of Goldsboro, Baptist minister, dur-
ing his last forty minutes on earth, “that
everything is all right with me. I’ve made
my peace. Things are clearer to me now
than they ever have been. I have no feel-
ing of ill will in my heart at anyone. I
have done a great wrong, and now I am
going to pay the penalty.” .

Down the “last mile,” on which he had
seen nineteen men travel in his stay on
Death Row, walked Satterfield at 10:29
o'clock, December 14, 1934. A few minutes
later, after the longest shock in the history
of the prison, Satterfield had paid his debt
to society, because he had fallen in love
_ the beautiful eyes of<another man’s
wife.

From page 56

Six ex-noncommissioned officers under a
sergeant were assigned to watch the “mon-
ster.’ From:dawn to dusk they were on
duty two at a time, in four-hour stretches.
At night one man stood guard in the hut.
Later, the system was changed somewhat
after the warder on night duty was men-
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85

ee

Rhodes ?” he
lock with me

r at that time,
drove around
satterfield, for
. we would be

ind of clue as
1 and he were
1e who had a>

ark about this — .
t if there is a> - E
»w it.”

rfield in hopes
ist that could
t of the traffic
ed. Presently
Id spoke.

g wrong with
n in good yet.
iow tight they

tracks found the ‘night before; in
able to see’ it. more Eee
clearly. in the  day-
f light, but we learned
)~ -nothing new. “We
f > then decided to ques-
¥

hopes that we. woul we

“ei: TE? ae

a

ime as this, I
do as’ he had
is I placed my
nunding in his
eld telling the
ice that would
ned to believe
iad told. Was.-

. ‘tion people in the
’. neighborhood. We
+» wanted to learn’ the
-, strange motive back
of this ruthless mur-
* der. eo
-. People are usually ..
/ difficult to. question
concerning a murder,

~ but we found several
“|, “men and women who
had been watching
: the actions of the

Was he going Grice family closely,
replied that it and who were, after
y Hall. There, a bit of persuasion,
, willing to talk. The
2 neighbors had ob-
_ served that although
the Grices apparent-

ly lived in domestic
bliss, there had been -

another man who

visited Mrs. Grice

each day as soon as

her husband left for

ieriff Garrison

WORKED ON ‘CASE © Satterfield with his hand in
*L. O. Rhodes (left), city de-

the attractive matron’s lap.

«= tective of Goldsboro, North
Carolina, put the suspected The unfortunate husband
murderer through a sever¢ had been along on this oc-
rilling in his office in the casion, but had failed to

¥ Hall (above). Satter- notice this man’s familiar-
ufield-told'a straightforward ity with his wife.

story, with a’ t: alibi, ; gr
a Ae es lg Berfect, alibi With all this informa-

“tion at hand, I began to understand why on the previous
- night, Satterfield had been so nervous when he was in
_..my car. He had probably realized that the murder of
* Grice would reveal his affair with the dead man’s wife,

and in all probability make Satterfield a suspect even
' though: he were innocent of the slaying. . Thinking of
“the disgrace that this would bring on his family, and
realizing that he was in a tight place, had caused him to

1 few minutes,
”
2re.

ving this, I re-
» about one or
est until morn-

nG, Monday, I
‘red in my pri-
yn and Satter-
een under the

He believed

f io become alarmed.
isa ae ra # his work. The hard- Beas
I peo igo 5 _working Grice had N ORDER THAT we might not jump to a hasty conclusion
es cy tavaie 4 been too devoted to ~ Band arrest the wrong party, we decided to prolong the
hat Will Hicks his wife and children ~ investigation. “Although we had strong evidence that

to suspect that his

' there had been illicit relations between the wife of Grice
wife might be having

not a suspect, and Satterfield, we had nothing to connect him with the

naltbi fae an affair with an- murder. Will Hicks, the Negro suspect, was completely
3 story as to other man in his own exonerated. Questions were asked here and there. Any-
oes AK eal home. The husband apparently had perfect trust in his wife. one who might be connected with the case was brought in
tanley’s Drug We were very much interested in this other man who made. and questioned, but we always finished just where we started.
and dosuieraae his calls always after Grice had departed for his work. We _ It was at this point in the case that I started an elimination

He departed got a big surprise when we learned that Rufus Satterfield, investigation. Rufus Satterfield had lived near Goldsboro
‘clock, and: te Grice’s friend, a cousin to Mrs. Grice, and with a devoted all his life. His father had died before the birth of Rufus.
une he weet ts family of his own, was the man who had been calling on. Therefore young Satterfield had been through a pretty stiff
ation on num- . Mrs. Grice. In fact, we were told Satterfield and Mrs. Grice struggle. However, he had succeeded in becoming well re-
‘e encountered had been very open in their affair. Satterfield came daily t8 spected and liked in the town. During the war he had served
ward Micha: the Grice home, even at times when Herbert was there. asa soldier, rising to a sergeant. Too, he had been a Sunday
beer and chat- j Neighbors, dropping in for a friendly visit, had seen the school worker, a man of unquestionable integrity until the
- about 8:45 he ; farmer about the house, sometimes serving in the capacity Grice tragedy which had stripped away a curtain and re-

of cook. Once on a hay ride, fellow passengers had noticed vealed a hidden chapter in his life. (Continued on page 83)

39


y to try to
| tart of his

George on
excitement.
d—if such
the court-
nd. While
ze kept her
d, nor did
| wife. His
e sentence,

lappy until

xton, then
:fense, the
who ata
it be mis-
witnesses
recognize
way. Was
Why cer-
saw him,
ma street
rtly after

orty-eight
Mrs. Lena
s. George
her heart
was shot,

laundry.
t noon the
her with
e “tidies”
ved. Mrs.

I indeman

these

name
larry me.
rd.”
home at
ie handed
Sno gur
r if there

iad made
George’s
hem in a
ugh near
ere were
s. Linde-

walked

s. George
eat, and
liss Flor-
ified that
6:20 and
me is al-
» murder,
1 her to
‘t by the

tand her-
arrested
stion put
not go-

iry, who
Attorney
ig argu-
-two-day
> was a
was not
is noble,
iction of
resident
man of
ignificent
» was a
builder ;

home
men

at on

. shady

character. He defied and scorned Chris-
tian civilization. Though well bred, he
never entered.a house of worship except
in pursuit of his prey. Yes, he was a prom-
inent citizen—prominent for the vice he
possessed.

“The death of George Saxton was a
public benefaction. The air is purer since
his vile soul took its flight to the Maker
whose laws he disregarded. Our wives,
our sisters, our daughters, are safer since
his death.”

Sterling then traced the life and ruin of
his client, and as he pictured her girlhood
and her home before Saxton entered it,
Mrs. George wept silently.

“When you look upon that wrecked fam-
ily, that ruined home, you will realize there
are worse crimes than murder,” he finished.

Prosecutor Pomerene, with a touch of
the oratorical brilliance that later led him
on to great heights, replied: ;

“No woman can be led from her hus-
band and children unless she wants to be.
No man is bold enough to force himself
upon a pure woman who raises her hand
and says, ‘This far shalt thou go and no
farther. A lovely, pure woman, this,
truly.

“She talked of her life with Saxton in
South Dakota. We admit all of it. Was
he the sinner and she the saint? Was he
all black and she all white? Was he all
corruption and she all incorruption ?”

Judge Taylor immediately delivered his
charge, and at one p. M. the jury retired.
Mrs. George appeared cheerful and relieved
that the long ordeal was so nearly over.

Her friends were sure that a speedy ver-
dict of acquittal would be returned. As the

_ afternoon wore on_ their apprehensions

were aroused. At 5:30 Judge Taylor went
home. At seven he returned, and the
courtroom filled with spectators hoping
for a verdict early in the evening.

Hour after hour went by. At one A. M.
the jury retired for the night, still
wrangling over a decision.

At 10:26 the next morning a bailiff an-
nounced that the jury was ready. The
news reached the street and people came
running to the courthouse from all direc-

tions. Mrs. George was led in, looking -

pale and anxious but trying to show a
brave front. The jury “filed in amid a
dead silence, announced it was agreed, and
handed an envelope to the court clerk. He
read in a loud clear voice:

“We, the jury ... do find the defend-
ant ... Not Guilty.”

upceE Tayior had warned against any
demonstration, but his warning was
wasted. The spectators broke into tumul-
tuous cheers, which were swiftly taken up

CLUE OF THE PEELED

I believed that we owed it to Satterfield
to clear his name, if he were innocent.
With this in mind, I began to check up on
his activities during the few days prior to
the crime. My first discovery’ was very
unfavorable for the former soldier. I
found that Satterfield had borrowed a
twelve gauge shotgun the week before the
killing, and had returned it on the Monday
after the crime. The weapon was a double
barrel shotgun, the property of Redmond
Dortch. Satterfield had returned it at two
o'clock on the day following the crime, to
Dortch at the Standard Oil Bulk Plant
where Dortch was employed.

I also learned that at about nine o’clock
the morning after the crime, Edward
Michaux, a friend of Satterfield, had vis-
ited the former Sunday school worker at
the courthouse where Satterfield'was work-

onthe street outside. There were shouts
of approval, waving of handkerchiefs and
stamping of! feet. The crowd swarmed
about Mrs. George and somebody led ‘it in
three cheers. ;

“Imagine what would have happened if
the verdict had been first degree murder,”
commented a court officer. . “That crowd
would have swooped down on the jury like
a cyclone.”

Friends of Mrs. George took her to a
hotel for dinner. The crowd followed’
them there. Many who crowded about to
sig congratulations were utter: strangers
to her. : ;

During the afternoon Mrs. George re-

ceived dozens of telegrams of congratula-
tions, many from distant points. The
manager of a-dramatic company playing at
Columbus, Ohio, offered her $500 to appear’
ten minutes at each performance for a
week. The manager of a Pittsburgh lec-
ture bureau offered $500, for a week of
talks on “Women’s Rights.”

After some hesitation. she accepted. the
Pittsburgh offer. The announcement
brought such‘a flood of protests that the
bureau manager withdrew it. Typical of
the protests was that from Elizabeth Cady
Stanton of New York, famous women’s
leader of the day:

“We have women of unassailable repu-
tation, women of character, pure women,
women of brains and courage to fight the
battles of their sex,” she said. “Mrs.
George can teach nothing. Her sensational
experience does not fit her to lecture on
the rights of women.”

Mrs. George was much disturbed by this
attitude, attributed the cancellation of her
lectures to “political pressure in Pitts-
burgh,” planned a tour of Ohio, said
she was writing a book of her life, and
announced she would sue, as Saxton’s com-
mon law wife, for a widow’s dower share
in Saxton’s estate, estimated at between
$60,000 and $100,000.

Mrs. George did lecture in several Ohio
towns, and on May 12, 1899, came to Gray’s
Armory in Cleveland, where she was intro-
duced by Detective Jake Mintz. To avoid
the criticism of suffragettes, she now called
her lecture “Sketches from My Life.”

Only about 250 persons turned out to
hear her. She read her speech from a
small roll of manuscript, in a voice hardly
audible halfway across the hall. News-
paper reviews did not deem it worthy of
direct quotation, and devoted only three
paragraphs to the event. ay

The lecture contained nothing sensational
and seldom, if ever, passed the common-
place. Mrs. George concluded with a po-
etic appeal for charity for erring women
and punishment for designing men.

MATCH STICKS

From page 39

ing on some ballot boxes for the coming
elections. In the conversation between the
two, Satterfield mentioned to Michaux that
he had been questioned the night before
about the murder, and that he regretted
only one thing. He had failed to tell
Sheriff Garrison that, although he did not
own a gun, he had borrowed one recently
to go hunting, and that he had not yet
returned it.

Satterfield then asked Michaux to drop
by and tell Redmond Dgrtch not to men-
tion that he had Dortch’s gun, since it
might get Satterfield in bad with the
authorities. At least, Satterfield added,
not until the murder was solved, and every-
thing was cleared up.

As soon as I received this information, I
visited Dortch and secured the gun. Both
barrels of -the gun were rusty, apparently

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83

having been fired recently, and not cleaned.
Dortch stated that Satterfield had ac-
counted for this by saying that he had
been hunting one day the week before and
had failed to clean the gun after using it.

Although Satterfield seemed to have a
perfect alibi, the facts in this case were
certainly pointing toward him. Still, we
couldn’t get away from that alibi. We
checked it several times, but it stood up.
It was in my opinion perfect, too perfect.
It seemed to be too well timed and planned
to be natural.

RY Precise and I had a hunch that

someone passing along Evergreen
Avenue had seen the murderer the night of
the crime, as Evergreen Avenue is well
traveled. First we visited the residential
section bordering the avenue, but no one
had seen the phantom killer and his double
barrel shotgun. We next turned our
search to the colored section. There on
Linwood Avenue we picked up a very valu-
able piece of information.

We found a Negro woman, Lonie Fields,
who admitted that she had been walking
along Evergreen Avenue about eight-thirty
on the night of the tragedy. She was
accompanied by her daughter, Dorothy, age
seven. This woman told us that just be-
fore she reached the street that leads to the
Grice home, a closed automobile pulled to
the curb just ahead. The lights of the car
were burning until it stopped, and. ‘then
they went out instantly. The right door‘of
the car was opened, and a man got out of
the car, In one hand he carried a shotgun,
while in the other, he carried a breech
loader. This man started across a straw
patch, to the adjacent cotton patch in front
of the Grice home. A-few seconds after
this, the car started and moved on down
Evergreen Avenue, leaving the man: who
had gotten out. When asked if she could
identify the man with the gun if she saw
him again, Lonie. Fields replied in the af-
firmative. She gave the officers a descrip-
tion of this man; however, she was unable
to see the party that remained in the car.

“The man that got out of that car was
bareheaded, wearing a dark suit of clothes.
He was kinda tall and thin. What I would
call ‘spare-built,’” she said. nut

Later, when Sheriff Garrison questioned
the woman, he asked her if. she had -any
idea who the man was. At first the Fields
woman did not say. But after a few sec-
onds of thought she stated: “The. man
looked like Mr. Rufe Satterfield.”. |

According to Satterfield’s alibi he ha
been at Cowan’s’ser'vice station at the time
Lonie Fields saw the man with the shot-
gun. Since there had been a great deal-of
talk going around about Satterfield,
couldn’t this woman have sub-consciously
connected him with the man she had seen?
Too, if the killer had been Satterfield, who
had been the second person who had driven
the car away following the alighting of
Satterfield ? x si

Again Sheriff Garrison decided to call in
the former sergeant and ask. him>a few
questions. The case was becoming’ more
puzzling than ever. This time we decided
to let him know that we were aware of his ,.
affair with Mrs. Grice. But this did not
seem to disturb Satterfield. “I' expected
that someone was going to’ accuse me of
running after Mrs. Grice, but-it isn’t true.
I will admit that I spent a lot of time at
the Grice home, but this was nothing more
than friendly calls. Whatever you have
heard about us is a lie. Herbert Grice was
my friend, and. I would have been. the last
person alive to shoot him down like a dog.”

“How about that gun you borrowed
from Red Dortch? It seems queer to me
that when [ was talking to you the night
of the crime you told me that’ you did not

84

have a gun, and the following morning you
sent Dortch a message to keep quiet about
it. Then you took the gun back that after-

noon. That, in my opinion, warrants an
explanation.”

“Nothing odd about that, sheriff. I just
overlooked the fact that I had borrowed
Red’s gun last week to go hunting. The
reason that I ‘returned it that Monday
afternoon was because Red asked me about
it Sunday night, and had said he planned
to go hunting soon. But I didn’t send him
word by Mr. Michaux not to tell you about
the gun.” :

“Well, I’m afraid that you are in this
deeper than you think. Would it surprise
you to know that you were seen on Ever-
green Avenue the night of the murder, and
about the time Grice was killed ?”

“T have already told you my whereabouts
on that night. I don’t know who reported
seeing me there, but I can say that it was
a case of mistaken identity. People have
got it in for me since it got out that I had
hung around the Grice home. I don’t know
what they will say next.”

Although we grilled the suspect for an

hour, he denied that he knew anything
about the murder. The case of the bor-
rowed shotgun, and the fact that Lonie
Fields thought she saw him, Satterfield said,
were merely coincidences, -

rem THE BEGINNING of this case I had
been impressed by the attitude of Mrs.
Grice on ‘the night her husband was
killed. -She did’ not appear to me very
much grieved that her husband had just
been cruelly murdered. Had her love for
Satterfield been greater than that for Grice,
the father of her three children? Had she
plotted with someone to remove her hus-
band’ from the picture so that she might
carry on with Satterfield?) Knowing that
the. neighbors suspected that she was in

love with the former army officer, and that.

should anything happen to her husband

they would instantly charge Satterfield:

with it, would it not have been wiser for
her to have employed someone to kill Grice,
while Satterfield established an alibi?

We decided to question Mrs. Grice again.
The attractive widow was brought to the
sheriff’s office, and we confronted her with

the facts we had on hand. But if we ex-:

pected her to break down, we were wrong,
for she emphatically denied knowing any-
thing about the slaying. She also denied
that she loved Satterfield, and that he had

Deen any more than just a friend to the had called at the Satterfield home, he said

that he wished ‘to see the farmer concern-

family, 3 -— co Aah
According to the story of Lonie Fields,
there’ must ‘have been two men on the car
that stopped on Evergreen Avenue prior to
the murder. Then who was the second
person?’ Who drove the car away from
this spot while the slayer made his way
across the straw field to the cotton patch?
This. man ‘was an accessory to the murder.
Was it possible that Satterfield had been

the driver of this car, while the actual gun-_

man was someone else? If this were true,

it would have taken only a few minutes

to put out his companion and -hurry on to
Cowan’s service station making himself an

alibi at the time of the murder, Too,. Sat-.
terfield could have-stepped out of the car-

as ‘the Fields woman passed, then gotten in
once more and driven away while the sec-
ond person carried out the plot. But we

could locate no clue as to who could have’

possibly been that second person.
At last we decided that it was ‘time to

make an arrest, for we had, in our investi-

gation, made two startling discoveries!
We had. found a man who walked in what
is commonly known as pigeon-toed man-
ner; a man whose track seemed to corre-
spond with the prints found at the murder
scene. He also broke matches in the man-

ner of those found in the cotton patch, and
this man, in spite of an alibi, was Rufus
Satterfield.

From the beginning we suspected Satter-
field, but until we found that he had a
powerful motive, and that he had been seen
in the vicinity of the tragedy shortly be-
fore the shot was fired, we were not cer-
tain that he was our man. The night of
the crime, the sheriff, in his questioning
had noticed that Satterfield broke matches
as he talked. Too, I believed that he had
recently changed shoes that night, because
he was complaining about those he had on
hurting his feet. I believed that he had
done this to prevent any comparison of the
tracks made by the killer with his shoes.

What we desired to know at present was
whether Mrs. Grice had plotted with Sat-
terfield to slay her husband. There was
no evidence to ‘this effect, although Mrs.
Grice had displayed very little emotion at
‘her husband’s death, ,

Ta WAS, TOO, one other person whom
‘+ we could not place. This was Donald
Sasser, the man who Satterfield claimed
had left word at:the Satterfield home for
the former soldier to call at the. Grice
home. Sasser was a brother of Mrs. Grice.
He was a handsome young chap, about
twenty-two, who lived in the country a few
miles from town, but occasionally young
Sasser would visit his sister and spend the
week-end. Why. had he left this message
at the Satterfield home? Had he been
connected with this crime? Was he the
mysterious driver of the car that had
‘paused on Evergreen Avenue? Had he
joined Satterfield in the plot to slay his
brother-in-law ?

Wethad a hunch that the man who drove
the car that discharged Satterfield on Ever.
green Avenue was Donald Sasser. We also
believed that Mrs. Grice was aware of the
plot to-kill her husband. Since both Herr-
ing and Wilson stated that it had been at
least ten minutes after the report of the
gun before they heard Mrs. Grice cry for
help, we were inclined to believe that the
widow of the victim had kept silent in
order that the killer might have time to
make his escape. -

Donald Sasser was questioned in regard
to the murder. He denied any knowledge
of a plan to slay his brother-in-law, and
declared that he had not seen Satterfield
on the date of the crime until after the
slaying. When questioned as to why he

ing the Satterfield’ farm, which Satterfield
had promised to rent to Sasser’s father.
Believing that these three were involved
in the death of the iron worker, we ar-
rested Rufus Satterfield, Donald Sasser
‘and Mrs, Herbert Grice, on a charge of
murder. They were lodged in the Wayne
County jail, November 7, 1933.
On December 1, 1933, the Grand. Jury
returned an indictment of the three de-
fendants, and they were ordered to trial
at the January, 1934, term of Superior
Court. ;
- At. the opening of the January term of
court, the charges against Mrs. Grice and
Donald Sasser were not pressed because of
insufficient evidence against them, with the
understanding that charges might .be
brought at a later date. : :
Rufus Satterfield employed for his coun-
‘sel three of the ablest attorneys in the
state: Judge, D, H. Bland, Judge Paul
Edmundson and Scott’ B. Berkley, all of
Goldsboro.. For the state Solicitor. Claw-
son L. Williams handled the prosecution,
and. did a very excellent job of the case
that followed. Satterfield went on: trial
Thursday, February 1, 1934.

Sn ee

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by Grice shrugged her

as the dog once more
g his shoes, he peered
e, a rust-yellow moon
g the surroundings in
yuse, the moon’s light
vling around the yard.
le was, Grice walked
zht.

. followed immediately

. peppered the screen
lls of the living room.
linters showered down

eyes. Herbert Grice
ams of blood spurted
s. The man shivered,
the last breath of life

ieath the sleepy stare
’s three small children
eir hearts beating fast
derstand.

a

VENGEFUL ASSASSIN'S TRAIL

On map at left is shown (1) the spot where an

automobile was seen on the murder night, (2) the

tracks leading to the point of ambush (3) from

where the slayer fired into the Grice home (#4)
and (5) the footprints leading away.

NOT GUILTY!

After the killing, suspicion was thrown on Mrs.
Ruby Grice (right), attractive widow of the vic-
lim, when neighbors said she had been carrying on
a quiet affair with another man, But she was
found innocent.

NORTH CAROLINA'S
MYSTERY OF THE
LOVELORN WIFE,
HER SLAIN MATE,

~PHANT

With this deadly ambush began one of the Southland’s
strangest criminal dramas. The scene was the thriving city
of Goldsboro, in the heart of North Carolina’s tobacco-
growing section; the time, Sunday night, October 22, 1933.

IX or seven minutes following the echoing report of the

gun, James Herring, who lived on Debreux Street, a_

block away from the Grice home, heard a woman shrieking
for help. Herring had been awaiting the broadcast of a speech
by President Roosevelt, but he quickly arose from his chair
beside the radio and hurried out to his porch. The plea
for help seemed to be coming from the direction of the Grice
home on Creech Street.

Herring sped across a field to the back porch of Herbert
Grice’s house. He saw Mrs. Grice standing in the moonlight.

“What’s the matter?” he shouted.

“Quick! Herbert’s been shot !” the woman gasped.

Herring ran into the house. Through the screen he spied a
motionless body upon the front porch. He attempted to open
the door, but the screen hit lightly against the head of the
prone man.

At that moment, B. B. Wilson, a neighbor who lived in the
rear of the Grice home, rushed up and saw the outstretched
figure. Together the two men ran to Sheriff Paul Garrison's
house, two blocks from the scene of the shooting.

When Garrison arrived, a large crowd of curious had al-
ready gathered. On the porch Dr. R. B. Miller, who had
been hastily summoned, was examining the body,

“Is he dead, Doctor?” queried the sheriff.

“Died almost instantly. There are three wounds, apparently
made by buckshot. One is in the left temple, one above his
right ear, and a third is over the right side ‘of his collar
bone. They’re deep, and I think his jugular vein has been
severed.”

Sheriff Garrison noted that the victim lay on his back.
He was clothed simply in shirt and trousers, and wore no
shoes.

Before stepping into the house, the sheriff asked one of
the crowd to notify his deputies, H. B. Gardner and Roy
Precythe, and the Goldsboro police.

Going into the neatly furnished living room, Garrison
found Mrs. Grice seated on the sofa. Apparently between
twenty-five and twenty-eight, she was quite comely, with softly
waved hair and deep-set blue eyes. Although nervous and
trembling, Mrs. Grice answered the sheriff’s questions with-
out hesitation.

“Before you heard the gun explode, did you hear your
husband speak to anyone?” Garrison asked.

“No, not a word—only the terrible sound of that gun,”
she replied, shuddering.

e

¢ 15


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S884

FATAL RENDEZYOUS

When Herbert Grice opened the screen

door and walked out on his porch, he

was met by a blazing discharge that
brought instant death.

to learn whether Grice had incurred any recent enmities.

I soon found a neighbor who volunteered the information
that Grice had had a heated quarrel with a Negro, Will Hicks,
by name. Hicks lived nearby, which immediately placed him
as a prime suspect. The neighbor I questioned also fur-
nished a list of Grice’s friends.

“But you'd save time if you talked to Rufus Satterfield first
ot all.” he said. “Rufe has been working with Herbert on this
repeal election. He’s a right frequent visitor at the Grice
home—their closest friend, | believe—and [ imagine he might
vive you some valuable information.”

After thanking the man, IT hurried over to the home of
Will Hicks, several hundred yards distant from the murder
bungalow. Hicks, a fifty-year-old Negro, had just returned
from the crime scene, where he had mingled with the throng
of spectators,

Obviously nourishing a great respect for the police, the
Negro fairly trembled in every limb as he answered my ques-
tions,

“Yassuh, Mistah Rhodes,” he stuttered, “argued with
Mistah Grice about a dawg, but dat’s all it was. Good
Lawd, | diden shoot him! [ woulden shoot anybody. I don’t
even own no gun,”

Hicks’ family swore that he had been sitting at home
at nine o'clock, which we had decided was the exact time of
the shooting.

Returning to the Grice home, I chanced to see Rufus Sat-
tertield, friend of the Grices and a Sunday school teacher,
standing in front of the house. Recalling the neighbor’s
suggestion that Satterfield might be able to give helpful in-
iurmation, I invited the man into the car.

“Let's get away from this crowd so we can talk,” I
suggested,

“That's a good idea,” agreed Satterfield.

] started driving slowly around the block.

“Rufe.’? I said, “I wonder if you’ve got any idea who

might have killed Grice. I understand you and he were,

good friends. Do you know of someone who had reason to
kill him?”

“Not a person in the world,” replied Satterfield. “Herbert
was one of my best friends, and he confided in me a lot, but if
there is a soul who had anything against him, | didn't
know it.”

PSALM-SINGING KILLER?

Rufus Satterfield, friend of the Grices,

was pigeon-toed and habitually chewed

matches; but could he, a respected church-
man, be guilty of murder?

After questioning Satterfield for about ten minutes, |
headed the car back to the murder cottage and parked in
front, where we discussed the crime further. Fifteen minutes
later, Sheriff Garrison walked up to the car and addressed
Satterfield.

“Rufe, do you mind coming up to the city hall for a few
minutes? Chink will drive you up there. I'll be along in a
few minutes.”

“Certainly—glad to help in any way possible,” Satterfield
responded readily,

I drove to the city hall and left Satterfield in my office,
returning at once to the Grice home.

Thirty minutes later, Garrison returned, after talking with
Satterfield, “Look here, Chink,” he remarked, taking me aside.
He unclenched a fist. Inside his hand reposed several match-
stems, broken, peeled and chewed. “Satterfield left them in
an ash tray on the desk.”

I started. “Satterfield! Think there’s any connection—or
just one of those things ?”

“Dunno,” the sheriff replied, “but we'll do plenty of looking.”

ARLY the next day we resumed an intensive hunt for

clues. At first there were the usual routine findings, all
negligible. Then, shortly before noon, came a startling dis-
closure.

A neighbor admitted that a man had been coming to the
Grice home virtually every day around nine-thirty or ten
o’clock in the morning! Sometimes he remained until noon,
and sometimes all day, until Herbert Grice returned from
work,

And that man, the neighbor averred, was Rufus Satter-
field !

Immediately we were plunged into a turmoil of speculation.
Were the frequent visits of Satterfield merely the innocent
calls of a good friend of the family—or was he conducting a
clandestine affair with Grice’s attractive wife?

Within a few hours, we found no less than five neighbors
who asserted they had noticed Satterfield’s daily visits to
the Grice home, usually while the husband was away at work..,

-One or two had called at the Grice bungalow and had sur-

prised the couple in affectionate embraces.

On one occasion, during a truck ride to a lake outing, pas-
sengers had noted the Sunday school worker with his hand
in Mrs. Grice’s lap. Apparently the husband, sitting close
beside them, had been unaware of the casual expression of
affection, ‘

Although these surprising revelations hinted that Satter-
field had been carrying on an illicit affair with the dead man’s
wife, we had no reason to believe he was in any way con-

17


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BY CHIEF OF DETECTIVES
| L. O. RHODES—Goldsboro, N. C.

As Told to
| Herbert Rudlin

Right: L. O. “Chink”

Rhodes, Goldsboro’s de-

tective chief, describes in

this story a strange kill-

ing that had no apparent
motive.

barking knifed into the Sabbath quiet. Herbert Grice,
thirty-eight-year-old pattern maker for:a Goldsboro metal
company, paused in the act of unlacing his shoes.
“T wonder what’s the matter with that dog now,” he mused
aloud to his wife, sitting in the comfortably furnished living

14

T= DEEP-THROATED, challenging clamor of a dog’s

ba wale: KUETS. dase —Gugyat (797
( \

room of their trim bungalow. Mrs. Ruby Grice shrugged her
shoulders.

Grice continued to unlace his shoes, as the dog once more
began growling and barking. Removing his shoes, he peered
through the front screen door. Outside, a rust-yellow moon
hung somnolently in midheaven, bathing the surroundings in
wan light. But “for one inside the house, the moon’s light
was far'too weak to reveal anyone prowling around the yard.

Determined to learn what the trouble was, Grice walked
out to his porch and snapped on the light.

Instantly there was a livid blue flash, followed immediately
by the deadly, terrifying roar of a gun,

Lead tore through the stricken man, peppered the screen
door and bit into the neatly-papered walls of the living room.

‘ A cloud of plaster dust and wooden splinters showered down

upon Mrs. Grice.

A puzzled look in his fast-glazing eyes. Herbert Grice
wilted to the porch floor. Dark streams of blood spurted
from his neck, staining the pine boards. The man shivered,
then desperately clawed the porch as the last breath of life
left his body.

A phantom assassin fled swiftly beneath the sleepy stare
of a yellow moon, while the slain man’s three small children
huddled close together in a bedroom, their hearts beating fast
with a nameless fear they could not understand.

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STARTING POINT

Car above is parked where a mysterious

automobile was seen near the Grice home,

and where the footprints started toward
the ambush spot.

“Did you hear anyone running, or a car going away ?”

“No, I did not.”

By this time Police Sergeant G. C. Langster and Deputy
Sheriff H. B. Gardner had arrived on the scene. Together
the officers commenced an_ intensive investigation of the
premises.

Garrison noted that the shot had torn through the screen
and become embedded in the wall of the living room. But the
marks in the wall were considerably higher than the holes in
the screen.

“Whoever killed Grice was either lying or kneeling on the
ground outside,” Garrison remarked. “The line of fire from
the screen to the walls is at a distinct angle.”

A search of the grounds surrounding the house dramatically
bore out the sheriff’s theory. Directly in front of the house
was a cotton patch. A few feet from the road, officers found
a scuffed and well-packed spot, clearly indicating where the
phantom killer had either knelt or sat, patiently waiting for
his victim to appear.

Bringing his flashlight closer, Garrison whistled softly be-
neath his breath.

“Boys, here is something !” Bending over, he picked up
several little slivers of wood. :

“Match-stems—broken and peeled! The killer evidently has
a habit of peeling and breaking up matches,” Garrison ex-
claimed.

“Lots of people play with match-stems, chew ’em, peel ’em,
break ’em up,” grunted Sergeant Langster.

“Yeah, but they don’t all wait until they can blow a man
into eternity—and they don’t all know Herbert Grice,” retorted
the sheriff.

Meanwhile, Deputy Sheriff Roy Precythe, notified of the
sheriff’s summons, started for the crime scene. Swinging into
the downtown section, Precythe spotted me standing on a

corner chatting with several friends. He turned the car to-.

wards the curb. “Come on, Chink, we’ve got a job,” he ex-
claimed.

I waved goodbye to my friends and stepped into the car.
“What's up ?”

“Ambush murder—out on Creech Street!” he returned
shortly.

In a few minutes we had arrived at the Grice home. Crowds
of curious milled along the walks and around the house, surging
as close as the small group, of police officers would allow.

Sheriff Garrison immediately informed me of the salient
aspects of the case. I qiickly suggested to Deputy Precythe
that he wheel his car out into the cotton field. In a few
moments a wide area was flooded with light, and we bent to
search for footprints.

Although the ground was dry, we soon saw where a man

16

MATCH-STEM CLUES

Deputy H. B. Gardner points to the place
where broken matches were found, and
where the killer obviously had lain in wait
; for his victim.

had apparently been running on his toes, taking long strides.
Like bloodhounds scenting their quarry, we eagerly followed
the tracks across the field. The trail led to a ditch, turned
right, crossed through a pine thicket, and emerged into the
dirt road of Linwood Avenue. Here it was discernible that
the killer had walked to a parked car and driven away.

“Let’s try to pick up his trail going to the house,” sug-
gested Deputy Gardner. In a few minutes Gardner himself had
located a footprint pointing to the Grice home. Several ad-
ditional footprints, faintly outlined in the dry dust, showed the
path the killer had taken to his diabolical rendezvous.

“Do you notice something about those tracks ?”” Garrison
asked, turning to me.

“Well, they’re apparently made by nine or ten size shoes,”
I remarked.

“No, that’s not what I mean. Look at them—every one is
pigeon-toed !”

Garrison was right. The incoming trail was that of a man
who walked in the manner commonly known as ‘pigeon-toed.
Was this the natural walk of the phantom killer—or had he
planned to dupe the detectives by disguising his real manner
of walking ?

A few minutes later the glare of the headlights revealed
what seemed another possible clue. In the heel of one track
we traced letters that spelled out the word “Cushion.”

Believing this footprint might be of considerable importance,
Garrison, in charge of the investigation, ordered the impres-
sion to be covered until morning, when a more thorough
examination of the field could be made.

EANWHILE we began discussing several questions

which puzzled us from the start. Who might have desired
cold-bloodedly to murder the industrious, easy-going pattern-
maker? How had the patiently waiting assassin known that
Grice would come outside—or had that been fateful chance ?
Could the killing, by any stretch of the imagination, have
been merely a bungled attempt at robbery?

Questioning soon revealed that Grice had worked for a
modest salary, virtually all of which was spent in feeding
and clothing his wife and children. There was little of value
in the bungalow—nothing to provoke burglary.

Turning forthright to the theory that the killer’s motive was
revenge or hate, we carefully questioned neighbors in an effort

to learn wi

To soon fe
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“Nat at
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Know it”

: ; INSIDE DETECTIVE

TRIAL SCENE

Seldom has the Wayne County
courthouse (left) seen as dra-
matic and sensational a trial
as that which sent Grice’s
killer to the chair.

2 mami + eel em ee

FALSELY ACCUSED

Right: Mrs. Ruby Grice and
her brother, Donald Sasser,
were put on trial when the
convicted killer branded them
as conspirators, but both were
. found innocent.

.a bad light upon Satterfield who,

Biles testa at

2 Se Moe

nected with the crime. Never-
theless, the shooting of Grice cast

until the sensational disclosures
about his alleged double life, had
enjoyed a reputation for honesty
and devout religious beliefs.

We conducted Satterfield back
to the city hall and informed him
of the suspicions that had been
aroused by his relations with Mrs.
Grice. He quickly acknowledged
that the rumored affair placed him
in a bad light, but asserted he was
totally innocent of the brutal

oh a

GOLDSBORO OFFICER
When Deputy Sheriff Roy Precythe turned

After an hour’s grilling, Satter-
field was released. We immediate-
ly began investigating his alibi.

Although his) frequent depar-
tures and returns to his house were
somewhat puzzling, we discovered
that the suspect’s story checked
perfectly. Judge Bland, Charlie
Cowan, Dr. Bizzell, and Edward
Michaux, men of the highest re-
pute, corroborated his statements
as to time and place.

At noon, Satterfield walked into
the Wayne County courthouse and
met Sheriff Garrison in the cor-

crime. his automobile headlights on the cotton ridor.

“Why should I kill my best
friend?” he exclaimed. ‘‘Here’s
where I was the whole of Sunday
evening. Around seven o'clock I dropped into Stanley’s
drug store, where I talked with Judge Bland. From there I
went home, stayed awhile, then went over to Charlie Cowan’s
service station. Dr. Edward Bizzell and Edward Michaux
were there. We drank beer and talked until around a quarter
of nine. Then I returned home.

“Ten minutes later I visited Charlie’s place again. When
I got home, around nine-forty-five, I learned that my mother
had telephoned and left word that my half-brother was home
on a visit from Norfolk. _My mother lives about a mile
and a half from my house. I asked my wife if she would go,
but she decided to remain with the children. When I got back
home, my daughter informed me that Mrs. Grice’s brother,
Donald Sasser, had left word for me to come to the Grice
home. I immediately went there. and learned that Herbert
had been shot. 2s

“Incidentally, gentlemen, you are probably wondering how
I can reel off my movements so quickly. Well, as soon as
I heard the rumors going around, I knew that I would be
asked to account for almost every minute of that Sunday

night. Naturally I recalled just what I had done before’

coming here.”

“Do you own a gun?”-I asked the quiet-mannered Sun-
day school teacher.

“No, I don’t now. I did own one a few years ago, but I
no longer have it.”

WwW

18

field, the telltale footprints soon were
discovered there.

“Look here, Sheriff,” he said.
“T forget to tell you I borrowed a
gun from Redmond Dortch last
week to go hunting. I’m sorry I forgot to tell you this. You
reckon I can take it back to him without arousing a lot of
talk?”

“Sure, go right ahead and take it back yourself,” the
sheriff replied.

Garrison watched Satterfield’s retreating figure down the
hallway. Suddenly he started and his jaw sagged. Satter-
field was walking in a peculiar, pigeon-toed manner!

XCITEMENT gripping him, Garrison got in touch with

me. I hurried at once to the courthouse.

“Satterfield’s failure to tell you about the gun may have
been an accident,” I remarked, after hearing the sheriff’s in-
formation. “But here’s what I learned this morning. On the
Sunday night of the crime, Satterfield asked Edward Michaux
to come by the courthouse the-next morning. Satterfield had
been working on some ballot boxes here for the coming
election.

“Anyway, Michaux did come to see him, and Satterfield
told him he had forgotten to mention to us that he had a gun,
that he really had borrowed Redmond Dortch’s about a week
ago, and to avoid placing himself in bad with the police, would
he, Michaux, go to Dortch and tell him to say nothing about
the gun until the murder had been cleared up.”

Garrison, who had been listening intently, leaned forward.
“Chink, let’s give Satterfield a (Continued on page 65)

... Satterfield’s walk was definitely pigeon-toed!”

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THIS


Brought to my office and questioned,
Mrs. Grice denied in no uncertain terms
that she knew anything of the callous
murder, and insisted that Satterfield was
not her lover but simply a good friend of
the family. ;

“All that talk is simply scandalous
gossip. I don’t love Rufe and he’s not in
love with me,” she cried with some. heat.

We pondered the story of Lonie Fields—

that two men had been in the: mysterious
sedan. Was the woman correct in her
identification of Satterfield as the man with
the gun? If so, who was the other occu-
pant, and what part had he played in
planning the fiendish crime?
_ Inevitably we began to conjecture about
Mrs. Grice’s part in the picture. How-
ever, not a particle of evidence existed that
the pretty widow had sought the death of
her spouse. But might not the second per-
son of the murder-bent duo have been
Donald Sasser, Mrs. Grice’s brother?

Too, there: were other puzzling details
not yet explained. Garrison quickly re-
called that when he reached the Grice
home on the night of the murder, Mrs.
Grice was sitting in the living room,
— and excited, but completely dry-
eyed.

Then there were the positive statements

of James Herring and B. B. Wilson that
they did not hear Mrs. Grice screaming for
help until seven or eight minutes after the
clear report of the gun. If this were true,
why had she waited?

Unable to elicit any admission from the
widow, we quickly took Donald Sasser into
custody. :

Only twenty-two, dark, handsome and
powerfully built, Sasser answered questions
with seeming candor and honesty. In a
lengthy grilling, he persistently denied
participation in a scheme to murder his
brother-in-law.

“Did you see Satterfield on the day of
the’ crime?” we asked.

Sasser shook his head. “No.”

“But you called at his house on the
night of the crime?”

“Yes, as a good friend of my sister and
her husband, I thought he should know.”

“But you have seen him since the mur-
der?”

“Yes, I don’t deny that. I went to see
him about his farm. He had promised to
rent it to my father, and I wanted to get
the details straightened out.”

“I see,” responded Garrison at last. “All
right, Sasser, you may go.”

With a cordial wave of his hand, the
youth strolled out of the room.

The sheriff arose. “Well, Chink, think
a grand jury will listen?”

“Satterfield, yes. Sasser and Mrs. Grice,
maybe,” I replied. “But there’s enough
circumstantial evidence to arrest all three.”

Exactly two weeks and a day following
the slaying, on November 7, 1933, the three
suspects were arrested and _ formally
charged with first degree murder. Two
hours later, newspapers throughout the
country shrieked the news of the Sunday
school teacher unmasked as a phantom
assassin.

BUT WE quickly realized that existing
evidence against Sasser and Mrs. Grice
as accomplices was insufficient to obtain a
conviction, so we concentrated our efforts
first upon proving Satterfield the actual
killer. Charges against Mrs. Grice and
her brother were dropped temporarily, with
the understanding that they might . be
revived at a later date.

On Thursday, February ‘1, 1934, began
the dramatic trial of the former church
worker and farmer.

The prosecution, charging that the ac-
cused man had killed Grice in order to
enjoy the caresses of the slain man’s wife

66

INSIDE DETECTIVE

with more freedom, presented numerous
witnesses whose testimony served to estab-
lish the existence of a clandestine affair.

Viola McRae and Sadie Watson, former
maids in the Grice household, testified that
Satterfield had made daily appearances at
the Grice home, and. that upon several
occasions they had seen the widow and the
accused in an affectionate embrace.

Using the damaging testimony of Lonie
Fields and her daughter as the first of four
incriminatory bombardments against Sat-
terfield, the prosecution relentlessly un-
furled a scroll of circumstantial evidence
pointing to the accused as the actual killer
of Herbert Grice. Placed on the stand,
Sheriff Garrison, Deputy Gardner, Roy
Precythe and I, tried to show how an in-
tensive investigation of two weeks’ dura-
tion pointed squarely to the defendant as
the cold-blooded killer.

The powder-stained shotgun, the pigeon-
toed tracks, the chewed and peeled match-
stems found in the sheriff’s office and at
the scene of the crime, the fact that the
accused had appeared nervous and excited
each day until his arrest—all were cited
in the chain of damaging evidence. Satter-
field's time-element alibi was attacked as
being inaccurate. ;

The defense, composed of three able
attorneys, Judge Paul Edmondson, Scott
Berkley, and Judge D. H. Bland, bitterly
attempted to refute the testimony of Lonie
Fields and the evidence of the pigeon-toed
tracks, upon which the State counted
heavily.

Dr. H. R. Shands, chief of the ortho-
pedic division of surgery at Duke Uni-
versity, was brought in by the defense to
examine the accused, and testified from the
stand that Satterfield was slue-footed and
not pigeon-toed.

Finally, late on the evening of February
2, following eloquent closing addresses by
defense and prosecution, the jury was
charged by Judge R. Hunt Parker.

That same night, after an extended de-
liberation, the jury filed slowly back as a
jammed courtroom stirred expectantly.

Three minutes later, the former church
worker stared ashen-faced at the twelve
men as they pronounced his doom—
“Guilty of murder in the first degree!”

Sentenced to die. by electrocution on
March 16, the condemned man was im-
mediately taken to North Carolina State
Prison’s death row, at Raleigh.

Fighting desperately to obtain an appeal,
Satterfield’s battery of legal talent pre-
sented a confession purported to have.been
made after the trial, in which Satterfield
declared Donald Sasser shot his brother-
in-law accidentally. The shooting had
allegedly resulted while Sasser was endeav-
oring to prevent Mrs. Grice’s husband from

“We're going to have a little Fourth of July
celebration.”

forcing his attentions upon her, after she
had been ordered by the family physician
not to indulge in marital relations for the
time being.

This proved to be a fruitless gesture.

The hour of death drew nearer. Then
one day Satterfield called Deputy Gardner
and myself to the prison at Raleigh. There,
in the dark confines of his cell in death
row, he told us that the murder was the
result of long plotting between Donald
Sasser, Mrs. Grice, and himself. He ad-
mitted having been with Sasser on the
fatal night, but asserted: that the young
man had coldly pulled the trigger.

Te TIME the condemned man’s story
had sensational and immediate results.
Satterfield was quickly reprieved. The at-
tractive widow and her brother were placed
in jail and held without bond.

Brought before a grand jury on Decem-
ber 3, 1934, Ruby Grice and Sasser were

‘speedily indicted.

Swarms of curious flocked into Golds-

boro and occupied-every available inch of .

Hate space when the trial began two days
ater,

The accused widow and her brother were
defended by Attorneys Hugh Dortch and
N. W. Outlaw. Dortch, a former senator,
regarded as one of the keenest-minded
criminal lawyers in the South, carried the
brunt of the defense.

The prosecution, again headed by
Solicitor Clawson Williams, based its case
upon Satterfield’s testimony.

Then came another startling about-face.
On the stand, the convicted man suddenly
changed his story and asserted that he had
really fired the fatal shot, that Sasser had
been with him as he waited in ambush, and
that Mrs. Grice had urged them both to
kill her husband because he had treated
her cruelly!

Satterfield further contended that Donald
Sasser had condoned his affair with his
married sister and used the knowledge
thereof to force him to kill Grice, saying
Sasser’s motive was a long-standing hatred
for his brother-in-law and the desire to
see his sister collect $4,000 insurance.

Fighting back skilfully, Attorney Dortch
strove to prove that Mrs. Grice and her
brother could not possibly have known or
participated in the murder plot, that Sat-
terfield had been a lone wolf in the under-
taking, and that his amazing story was
simply a desperate ruse to avoid paying the
supreme penalty for his crime.

The exciting trial lasted an entire week.

At six o'clock on the evening of December.

12, the jury filed out. Two hours and forty
minutes later they returned. .

The accused widow, black raiment
accentuating her waxen-pale face, stood to
hear the verdict. Donald Sasser’s face
remained expressionless, The immense
crowd, which had refused to budge from
the courtroom, leaned forward.

“Not guilty!” said the jury.

Mrs. Grice, absolved of all blame in the
crime, began to sob softly. Her young
brother smiled and nodded his head slowly,
satisfied at his complete vindication.

But for Satterfield, the condemned killer,
there remained forty-eight hours of dread.

Promptly at 10:30 o’clock on the night of
December 14, 1934, Satterfield dropped
heavily in the electric chair at the state
prison. ‘Calmly he waited while attendants
adjusted the straps.

“T have done a great wrong. I bear no
ill will—I am ready to pay the penalty,”
he murmured.

Five seconds later Rufus Satterfield
surged against the straps as the charge
tore through his body. Outside a cold
winter wind howled a mournful requiem
for the man who had ignored the Biblical
warning, “Thou shalt not kill!”

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(Above) Herbert Grice
and his wife, Ruby, pho-
tographed before tragedy
entered their lives. (Op- i
posite page) The Grice
home, showing part of
field where the match
stems were found at (X)

ABBATH quiet had descended like
a soft blanket over the trim
bungalows and white, colonnaded
homes in Goldsboro’s newest sub-
urban development, Evergreen Heights,
North Carolina. Although it was late
fall, October 22nd, 1933, doors were open
in many homes. Seated in the living-
room of his bungalow, Herbert Grice,
pattern foreman for a Goldsboro metal
company, turned his attention away from
the radio in sudden annoyance. In the

yard his German shepherd dog had be-
gun barking furiously, almost drowning
out the voice of the President, who was
broadcasting.

Grice walked to the back door. “Hush
up there, Prince! What’s the matter
with you, anyway?” The dog immedi-
ately ceased its barking.

The man walked back into the living-
room and began to unlace his shoes in
order to exchange them for house slip-
pers. He had scarcely touched the shoe-

BY TED THOMPSON

16

SATTER
FIELD, Rufus, wh, elec. NC (Wayme) December 11, 1934

strings when the dog again started a
furious and protracted barking. ‘What
on earth is troubling that dog?” ex-
claimed Mrs. Ruby Grice, the foreman’s
attractive wife.

Grice shook his head irritably, then
arose and walked to the front door.
Through the screen he could see nothing
unusual, only a_red harvest moon rising
above the slender pines that lined dis-
tant Rosedale Avenue. He snapped on
his porch light and stepped outside.

Ce the 2
Sie * ee : 3 tes, yi et eee
2 ep hae pS adic Suet

TRUE DETECTIVE MYSTERIES

TRUE DETECTIVE, February, 1971

For a fleeti
seen the men:
that rose slow
jerked spasm.
deafening roa
night quiet. F:
chest, he slum}

After  strik
charge of lead
room, sending
showering upo
the thud of a }

FEBRUARY, 1941


ront of the build-
lewspapers in the
a match. Then

hallway of the

0, and put some
them and walked
at entrance. Next
nd stood on the
r fifteen minutes
running out and
across the street
0x. A moment
and pulled the
a the corner in
ind watched the
the rear of the
met Mrs. Clark

I helped her
he fire. Then,-
it, the feeling of

I went home

aywood Adams
in the court of
Common Pleas
for the murder
nty-four counts
n yvult.
Davidson sen-
imprisonment
ind to an addi-
term on the

ams the happi-

{ don’t doubt,
Passion — for

vam in jail!

ils a

ntly we were

The Toute
having been
ilmost identi-
d the Steese

se to invent
s all make-
on his mind
ioway? |
wthing, we
“worker of

Asked to
Ruth Steese

interesting

in question,
work until
ds explained
his wife had
had had
his car, and
otorist) had
ZS.
vs after the
‘etre on the
ine around
tre, “please
i having a
license tor
jam about

telephoned
ly's Station
where he

it Wits
t the same
the mur-

‘oughgoing
Tully sent

ined) testi
that—we

believed that Peter Treadway and none
other had stolen into” Ruth Steese’s car,
forced her to drive into the outskirts, and
there brutally slain her.

Detectives now began questioning the
man in dead earnest. But he flatly denied
that he knew anything about the killing.

“Where did you get the mud on your
shoes?” I asked him.

“It was raining that day,’
replied.

lhat settled the matter in my mind—
removed any lingering vestige of doubt
that Treadway was the killer. For who
but a guilty man would remember such a
detail for eleven months ?

Mrs. Treadway was next brought in.
“Have you recovered from: your fall?" she
wits asked,

“What fall?” the wife replied bewildered.

Despite all the evidence piling up against
him, Treadway still refused to confess,
When Hodgman unhesitatingly identified
him as the man he had seen standing by the
murder car, however, we felt we had a
sufficiently strong case of circumstantial
evidence to warrant an indictment for
murder in the first degree.

Treadway was lodged in the county jail
i Beachwood Village. On the morning of
lebruary 24, with three young prisoners,
he slid down a rope of blankets and
escaped, Stealing a car, he drove to
Chicago, where he purchased a gun and
started out on a career of holdups.

But his freedom was short-lived, Searcely
ten days Jater, he was captured in) Hanni-
bal, Missouri, trying to hold up a= gas
station. The slippery gunman was speedily
brought back to Cleveland.

’

he readily

HE TREAL opened April 2, 1934, with

James P. Hart, Assistant County Prose-
‘utor, conducting the case for the State.
Henry dublaurence, Treadway's attorney,
clicited testimony from Mrs. Treadway
that on the day of the murder, her hus-
hand did not leave home until after 1:30,
fifteen minutes after Mrs. Steese left the
Cleveland) Trust. ‘Treadway insisted he
knew nothing of the Steese murder—that
he was just an unfortunate victim of cir-
cumstances.

The State’s case, however, was over-
whelming and complete. Clarence Jack-
son, a sixteen-year-old) surprise witness,
said he had seen Treadway near the mur-
der car. Mrs. Lina Hudson testified that
‘Treadway was the man who “was so nice
and helped me on the bus” at the corner
ot Richmond and Mayfield) Roads around
three p.m. the afternoon of the crime.
The bus driver, Robert Kebrdle, of 1592
3iltmore Avenue, Beachwood Village, also
remembered Treadway and his muddy
shoes and clothes the day of the murder.

Judges John P, Dempsey, Alva Cortlett
and Walter McMahon listened to the testi-
mony, as Treadway had chosen to put
his fate in their hands rather than a jury.
They weighed the evidence and rendered
the decision they felt the facts warranted.
Iu finding the former gas station attendant
guilty of murder in the first degree and
sentencing him to die in the electric chair,
the learned triumvirate said:

“The court believes the testimony of the
bus driver, the woman passenger and the
two boys who said they saw Treadway
near the Steese car.

“The court is unable to believe the de-
fendant’s testimony on his own behalf, in
view of the fact that he is a self-con-
vieted perjurer.”

So the crimes of Peter Treadway—liar,
thief, rapist and killer—finally caught up
with him, and he paid the supreme penalty
in the wired chair at Columbus. And with
the sear surpe ol eleetricity into Tread
way's shrinking body, the case of Ruth
Gillmore Steese was closed.

INSIDE DETECTIVE

Pigeon-Toed
Phantom

(Continued from page. 18)

chance to return the gun. Then you go
and get it from Dortch. I’m going to
start my men on a recheck of his alibi.”

At three o’clock that afternoon I se-
cured the gun from Dortch, an oil company
employe. Satterfield, Dortch said, had re-
turned it an hour previously, saying that
he had failed to clean the barrels—both of
which seemed to have been recently fired.

“TL went hunting Friday, Red, and forgot
to clean the gun,” Satterheld had said.

Carrying the weapon back to head-
quarters, | joined Sheriff Garrison and his
deputies in an energetic canvass of the
murder area. The sheriff, checking Sat-
terfield’s alibi, was simultaneously working
on another tack. Believing that someone
might have seen the killer loitering around
on the night of the crime, he asked us to
assist him in questioning all white resi-
dents along Evergreen Avenue, a well-
traveled street.

The results were thoroughly disappoint-
ing. Then we moved over into the
colored) section. Almost immediately we
found a Negress who supplied informa-
tion that appeared to be of paramount
importance,

The woman, Lonie Fields, said she had
been walking along Evergreen Avenue with
her seven-year-old daughter, Dorothy, on
the night of the crime, when she noticed
a sedan pull up and stop in the street that
leads to the Grice home.

“LT saw the lights go off,’ she continued,
“and a man got out with a shotgun under
his arm. Ile started walking across the
field that’s next to the cotton patch, Then
the car moved off. Another man was in
it. And that's all [ saw.”

“Did you get a good look at the driver?”

“No, suh, he was too much in the dark.”

“Can you describe the man who got out
of the car?”

“Well, I remember he didn’t have on a
hat, and he wore dark clothes. He was
kind of tall and thin—‘spare-built,’ like we
always say,” the Negress replied.

“You've lived in this neighborhood quite
awhile, haven't you?” [ asked. The wom-
an nodded.

“Did the man with the shotgun look
like anyone you've ever seen before?”

“Yas, suh, he did.”

“Who, for instance?”

For a few seconds the woman remained
silent. Then she said slowly: “He looked
a lot like Mr. Rufe Satterfield!”

Satterfield! Was Lonie Fields merely
parroting his name in a thoughtless accu-
sation because she had heard people talk-
ing of his purported affair with the dead
man’s wife? Her story patently conflicted
with Satterfield’s apparently unassailable
alibi, for at the time mentioned by the
Negress, Satterfield had been at Cowan’s
station.

Again the Sunday school teacher was
interviewed and told of the information
that placed him on Evergreen Avenue with
a gun in his hands the night of the crime.
Wholly unshaken by our accusing stares,
Satterfield) calmly asserted that it was
merely a case of mistaken identity, that he
could not possibly have been on Evergreen
Avenue at the time.

I TURNED our attention to Mrs.

Grice. Inasmuch as an affair with
the church worker had been reported by
neighbors, we believed that) the comely
widow might be inclined to tell a different
story.

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65


f crime.
apparent

Goldsboro police,
Street and halted
ome. ;

whose name 1S 4
criminals alike all
1, dashed to the
‘arrison was ques-
ilson. “What's up,

vurdered! It looks
job. Tell Roy and
owd back farther.

‘tive Rhodes and
e a quick examina-
id the porch. They
il, no gun-wadding,
The grass and the
nt of the house had
ianv. feet, immedi-
possibility of find-

itprints.

id Sheriff Garrison.
front of this field
id lamps.” Deputy

car into position
ight swept the field
¢ home. Inasmuch
velopment was new,
h fields. Their own-
truck gardening, oF
of small plots of
In the field facing

| stretching across to

f& DETECTIVE MYSTERIES

a line of homes on exclusive Rosedale
Avenue, the owner had planted cotton.

Deploying in a line, the police officials
carefully scrutinized the area in front
of the Grice house. A sudden shout from
Deputy Gardner brought the others
running to the spot where he knelt.
“Look here!” exclaimed Gardner. “This
wasn’t done by a field mouse!”

He pointed to a small, circular spot
where the cotton buds had been beaten
to the ground. Turning their flashlights
on this spot, the officials jerked forward
with sudden, keen interest. Clearly re-
vealed in the yellow glow of their torches
were numerous slivers of wood, carelessly
tossed about on the ground. ‘“They’re
matchsticks,” grunted Rhodes. Carefully
picking up one of them, he turned to
the Sheriff. “We're lucky, Paul,” he
said quietly.

“What do you mean, Chink?”

“This matchstick is still wet—from
saliva. The killer had it in his mouth.
Look! There are his teeth marks on the
stem! We can use this as the first step.
We've got to find a killer who is in the
habit of chewing matchsticks, then spit-
ting them out. Here are some more of
them, broken and peeled with his teeth.”

“I daresay a number of men in Golds-
boro are addicted to that habit, Chink,”
returned Garrison, unimpressed.

“Maybe so, but one out of that num-

FEBRUARY, 1941

ber may have killed Herbert Grice.”

“How do you know this spot was used
by the killer? A lot of negro bucks come
to this field at night with their girl friends
who are maids in the houses around here.”

“Stop building walls, Paul. We can
tell in a few minutes whether or not the
man who murdered Herbert Grice was
sitting here.”

“How?”

“Come on, we'll both see.” Ordering
his deputies to continue the hunt for
further clues, Sheriff Garrison followed
the sturdy figure of the keen-minded
detective back to the porch of the
bungalow.

ETECTIVE RHODES began playing

his torch over the sides of the porch.
“Here you are, Paul—holes in the wood
and screen about five and a half feet
high. All right, let’s go in.”

The two men walked into the living-
room. Quietly Rhodes pointed to the
scattered holes two feet higher in the
walls and siding of the parlor entrance.
“That proves the murderer of Herbert
Grice was either lying down or crouching
outside, The range of fire is directly up-
ward. And I think we can bet that spot
is where he waited.”

“Why do you think the killer was wait-
ing for Grice? What reason had he to
believe that he would come outside?”

“I don’t know for sure. What I think
is that he intended waiting until it was
a bit later, then either calling to Grice
or attracting him to the porch by ring-
ry Fore bell.”

uddenly there came an excited shout
from Deputy Precythe. The two men
raced to the field. Precythe pointed
down to the soft ground. Clearly out-
lined was the twin track of a large shoe.
But only the front part was discernible.
“That shows he ran away; didn’t use a
car—not near here, anyway,” grunted
Rhodes. “Come on, let’s follow the trail.”

Excited at the prospect of tracing the
killer, the officials hastily followed the
trail. For nearly a hundred yards it led
straight across the cotton field, then
swerved to a narrow ditch. From there it
took a right-hand turn through a grove
of pines, then marched across Rosedale
Avenue into Linwood. And there the
footprints ended abruptly.

In the ground were the mingled tracks
of several cars. “No question about it,
the man had a car parked here,” com-
mented Sheriff Garrison. He turned to
Deputy Gardner. “Harry, telephone
Raleigh! See if you can get them to rush
some bloodhounds right away. That’s a
faint hope, but we can’t afford to over-
look it. Okay, Chink, Roy, let’s do some
quick questioning in the neighborhood.
Somebody might (Continued on page 76)


dog again started a
S “Sr, er

sted barking. “What
ling that dog? eX-

, “a
Grice, the foremans

head irritably, then
to the front door.
he could see nothing
| harvest moon rising
pines that lined dis-
nue, He snapped on
| stepped outside.

6 eS
; eg

are Ss

‘UE DETECTIVE MYSTERIES

For a fleeting instant he must have
seen the menacing ghostlike apparition
that rose slowly before him. Then he
jerked spasmodically, shivering as a
deafening roar shattered the Sunday
night quiet. Fatally wounded in face and
chest, he slumped to the floor.

After striking Grice, the deadly
charge of lead had entered the living-
room, sending splinters and_ plaster
showering upon Mrs. Grice. She heard
the thud of a heavy object falling to the

Ae A

FEBRUARY, 1941

and the

CLUE of the
FRAYED

MATCHSTICKS

floor. “Herbert, what’s happened?” she
screamed. There was no answer. She
ran out.

In the pale yellow porch light, Mrs.
Grice saw her husband, ‘sprawled in a
spreading pool of blood, strangely still,
his eyes reflecting pain, and a desperate
plea for help.

Over on Debreux Street, James Herring
suddenly heard the frantic screaming
of a woman. The sounds were coming
from the direction of the Grice dwell-

ing, the back yard of
which joined his own.
Jumping up from his seat
by the radio, Herring
raced across the inter-
vening distance. He saw
Mrs. Grice standing on
the back porch.

“What's wrong?” he
called.

“Tt’s terrible! Herbert
has been shot!” she cried.


a line of |
Avenue, the

Deployin
carefully si
of the Gric«
Deputy G
running to
“Look here
wasn’t don

He poin:
where the
to the gro
on this spc
with sudde
vealed in t!
were nume
tossed abx

matchstick
picking uy
the Sherit
said quiet]

“What d

“This n
saliva. Th
Look! Th:
stem! We
We've got
habit of c]
ting them
them, brok

“T dares
boro are a
returned (

“Maybe

sticks discovered near scene of crime.

(Circle) Herbert Grice, the victim, was shot down without warning. (Right) Broken line indicates apparent
direction of the slayer’s walk from the auto to the Grice home (at arrow)

(Above, left) Deputy Sheriff Roy Precythe examines chewed match

Herring ran into the house. He saw moved his stethoscope and shook his “Chink” Rhodes, of the Goldsboro police,
three frightened, silent children huddled head. “Ffe’s dead. The charge of lead had swung into Creech Street and halted
together in the bedroom. But there was just about killed him instantly,” he in- in front of the Grice home.
no sign of their father. formed the Sheriff. “His left temple and Detective Rhodes, whose name is a
“Look on the porch,” sobbed Mrs. chest seem to have been riddled with byword to police and criminals alike all
Grice. Herring tried to push open the shot.” across North Carolina, dashed to the
screen. He recoiled in horror as the Garrison looked around for Mrs. Grice porch where Sheriff Garrison was ques-
door struck against the head of the man and found her in the living-room. In a tioning Herring and W ilson. “What’s up,
i few minutes he had learned what had Paul?” he demanded.

lying outside. : 1 ;
‘Another neighbor ran up from the side. occurred. In reply to his quick ques- “Herbert Grice—murdered! It looks

He was B. B. Wilson. “Jt’s Herbert Grice tions, Mrs. Grice asserted she had heard like we’re in for a big job. Tell Roy and
—right here on the porch—he’s either nothing except the barking of the dog. Harry to get that crowd back farther.”
dead or badly wounded!” called Herring. Her husband had not spoken to any one; This done, Detective Rhodes and
“Pull him away from the door so I can nor had she heard a car leaving the Sheriff Garrison made a quick examina-
get out.” street, nor any one running. “I did hear tion of the area around the porch. They
Wilson ran up and gently eased the the shot,” she said, “and then T saw found no empty shell, no gun-wadding,
fallen’s man’s head away from the door. Herbert lying on the porch.” no clue whatever. The grass and the
Herring stepped out and bent over the hard clay road in front of the house had
prone body. “T can’t seem to feel his REQUESTING Wilson to summon his been trampled by many feet, immedi-
heart beating, but he may still be alive. deputies and Detective L. 0. Rhodes, ately eliminating the possibility of find-
Call Dr. Miller. I’m going to get the of the Goldsboro police department, ing incriminating footprints.
Sheriff.” Sheriff Garrison hastened outside and ‘Hey, Roy!” called Sheriff Garrison.
Two blocks away resided Sheriff Paul urged the growing throng of neighbors to “Qwing your car in front of this field
Garrison. Herring ran toward his home. keep as far away from the house as pos- and turn on the road lamps.” Deputy
Once there, he breathlessly related what sible. “Mr. Grice has been killed, and you Precythe turned the car into position
he had seen. The Sheriff, a tall, power- may destroy the only clue that the mur- and twin beams of light swept_the field
fully built man, who has repeatedly been derer_ left. Please go back to your in front of the Grice home. Inasmuch
returned to office in recognition of his homes,” he pleaded. Reluctantly the as the suburban development was new,
ability, threw on his coat and followed crowd moved back to watch with morbid there were many such fields. Their own-
Herring back to the Grice bungalow. curiosity from a little distance away. ers used them for truck gardening, oF
Almost simultaneously, Dr. R; <a. In a short while Deputy Sheriffs Roy for the cultivation of small plots of
Miller ran up on the porch and bent over Precythe and H. B. Gardner, and Police tobacco and cotton. In the field facing
the fallen man. A moment later he re- Sergeant G. C. Langston and Detective the Grice home and stretching across to
TRUE DETECTIVE MYSTERIES FEBRUARY, J

18


",y

aw

him to break now. Two days passed and
still the authorities knew nothing. With-
out a confession, what could they do?
You can’t prove a killing without a body!

On the third morning, Ellis came to the
jail early. Nettie was ready for their ques-
tions. The Sheriff grinned.

“No questions today. You're going on
a little trip to Bartlesville.”

“All of us?” Nettie asked quickly.

“Nope, just you and Cora Brumfield.
The Washington County Jail is a nicer
place for ladies. Pete can stay here. But
ja worry about him. We’ll leave him
alone.”

PEE was left alone for twenty-four
hours. Then, on the evening of the next
day, Ellis and Fenton went into his: cell.
The boy was sullen, grimly silent and rigid
with nerves.

“You think a lot of your stepmother,
don’t you?” Ellis began abruptly.

Pete, torn between fear and hatred, said,
“T did think a lot of her.”

“Enough to buy her a fine bracelet this
summer,” Ellis said with authority.

“It was a lot too good for her,” the
boy mumbled.

“Yeah, especially after she got you in
that jam up in Arkansas City last spring.
That was pretty bad.”

Gradually, Ellis led him on, with all the
facts he’d gathered, all the turns he’d sur-
mised. Suddenly the break came and the
boy burst out with a flood of words, sweep-
ing forth all the fears and terrors and

have seen the fellow hanging around.”

“Wait a minute, Sheriff!” interrupted
Deputy Precythe, standing several yards
away. “Come here!” Garrison and Rhodes
strode over to where Precythe stood at the
edge of the pine grove. “Here’s a footprint
pointing across the field toward the house.
This might be the way he came in.”

Slowly, carefully, their lights held close
to the ground, the officials followed the
track. It was clear and distinct.

In the middle ‘of the field Sheriff Garri-
son halted. “Look, Chink, do you see
something unusual about this track?”

“Well, it’s about a size ten, maybe more,
but awfully narrow—probably double-A.”

“Yes, but take a look and tell me how
the killer walks.”

A light of understanding gleamed in the
blue eyes of the detective. “I get it—the
guy was pigeon-toed!”

Sheriff Garrison nodded slowly. “That’s
right—unless he purposely walked that
way up to the house in order to conceal
his real manner of walking.”

Ten yards farther the investigators
reached a stretch of exceedingly soft dirt.
Seconds later Sheriff Garrison halted sud-
denly and emitted a low whistle in ex-
pression of mingled surprise and satisfac-
tion. Detective Rhodes, peering over his
shoulder, soon saw the reason. Clearly
traced in the heel of one of the tracks was
the word “CUSHION.”

Possessed of three seemingly valuable
clues, the officials slanted their investiga-
tion to establish a possible motive for the
crime. A questioning of Mrs. Grice elicited
nothing of value. There was no apparent
reason for the assassination. The be-
reaved woman asserted that her husband
had no enemies, to her knowledge, who
might be prompted to commit a crime
of such cold-blooded nature.

While Garrison was engaged in conversa-
tion with the widow, Detective Rhodes,
Sergeant Langston, and the two deputies
spread their activities through the entire

76

shames of the past years.

“She made me do it,” he cried. ‘“Every-
thing I did she drove me to it with those
eyes of hers, fixed on me.”

Pete told it all then from his wretched
childhood in Missouri, along the trail of
tragedy, back to Missouri again.

“Always I thought I saw escape just
ahead,” he sobbed. “One more thing and
then I’d be free. Nettie always blocked
the way.”

“Can you prove all this?” Ellis asked
when the story was told to its last har-
rowing detail. “Can you take us to the
spot on Drum Creek?”

Pete agreed. The next afternoon, Sher-
iff Bird, Undersheriff Ellis and County At-
torney Boone went back to the campsite
on Drum Creek. They found enough evi-
dence among the deeply buried ashes to
prove that this was the remains of Tol
H. Brown.

The trial opened, after a change of
venue, before District Judge John J. Shea
on February 10th, 1910, in the Washington
County Courthouse at Bartlesville, Okla-
homa. Nettie and Alvin Pete Brown, Cora
and Bert Brumfield were the defendants.

It was a long legal battle, even though
Ellis had all the facts. He had unearthed
the hidden accounts at the banks in Shel-
bina in Cora Brumfield’s name. He had
discovered the true reason for Nettie’s
withdrawal of her divorce action. He had
proven, with Bob Fenton’s aid, that there
was no girl friend of Tol’s in Wichita.

Witnesses passed in parade before Net-

- Pious Lothario

(Continued from page 19)

area, questioning neighbor after neighbor
in an effort to determine whether the mys-
terious killer had been seen fleeing from
the community, or whether the car parked
near Rosedale Avenue had been observed.

Detective Rhodes, engaged in the ques-
tioning of a small group of neighbors, was
suddenly hailed.

“Hey, Chink, I wish you would step over
here a minute.”

The detective turned and recognized a
man named Leon Merkle, a friend of his.
He parted from the group and walked over.

“Chink, I happen to know that just
about three days ago Herbert Grice got
into a heavy argument with Will Hicks. It
seems that Grice’s dog ran at Hicks every
time he passed, and Will threw a rock at
the dog. That’s what started the argument.
But whether he’d kill him for that, I don’t
know. You know Hicks, though, and he’s
pretty hot-tempered at times.”

Detective Rhodes did know Will Hicks
—a hard-working negro who had never
been in any police trouble. He lived only
four blocks from the Grice home, in the
negro section that commenced beyond
Elm Street Extension. There also flashed
in the detective’s mind a recollection that
Hicks had been on the fringe of the crowd
watching the Grice bungalow and the
movements of the investigators shortly
after their arrival.

Thanking Merkle, the detective sur-
veyed the scattered spectators still stand-
ing around. There was no sign of Hicks.

In a short while Rhodes had sped to the
home of the negro. Surprised and some-
what fearful, the man readily admitted
having had a quarrel with Grice but vigor-
ously denied that he had committed the
murder. “You know I wouldn’t shoot any-
body, Mr. Rhodes. Why, I don’t even
own a gun. Besides, I was right here with
my family when the shooting must have
started.” ;

Rhodes questioned the members of the
family for thirty minutes, then at Hicks’

tie. Bankers and lawyers testified against
her. Old neighbors from Missouri re-
called her strange power over young Pete.
Nettie listened, unmoved.

Fs hive eight days, Nettie Brown was
found guilty of murder and sentenced
to life imprisonment. Cora and Bert Brum-
field were completely exonerated of any
guilt or guilty knowledge. As Pete had
been the victim of his stepmother’s influ-
ence, and had turned State’s evidence, he
was still held, but no verdict was passed.

Nettie continued to protest her inno-
cence and carried her case to the Criminal
Court of Appeals. For two years she
fought the verdict. On May 19th, 1913,
Nettie Brown’s life sentence was affirmed
and Alvin Pete Brown was released. She
went to the State Penitentiary at Mc-
Alester, still protesting her innocence.

As Vice Ellis pointed out afterward, they
never discovered the author of the anony-
mous letters that started the investiga-
tion, and they might never have broken
the case if they hadn’t taken Nettie far
from her stepson.

“The boy could never talk while she
looked at him,” Ellis said.

Fenton agreed. “Yes. She had an evil
eye.”

What was the power in Nettie Brown’s
eyes? Was it hypnosis, or is there really
an “evil eye”? Or if the eyes are the
windows of the soul, isn’t an evil eye
merely the reflection of the will to greed
and destruction within?

own request searched the premises. Finally
he departed, convinced that the man knew
nothing of the slaying.

Meanwhile, three bloodhounds had ar-
rived from Raleigh. Placed on the scent,
they tugged their way across the field and
moved unerringly toward the spot where
the car had parked. From there they
headed down the road toward Elm Street
Extension, and there they halted uncer-
tainly. The officers knew then that there
was no hope of tracking down the killer
with the bloodhounds.

Disappointed, but realizing now that the
murder of Herbert Grice would take hours,
if not days and weeks, to solve, Sheriff
Garrison at 2 A.M. ordered a postponement
of further investigation until daylight.
However, he assigned two deputies to
stand guard over the area.

HEN daylight came, the investigators
began a thorough examination of
every square foot of the roadway, field,
and parking spot. But beyond what they
had. already discovered, they found nothing.
The persistent question remained: Why
had Herbert Grice been murdered? The
evidence indicated overwhelmingly that
he had been slain ruthlessly and in accord-
ance with a daring plan. His murder was
decidedly no accident. Yet what assurance
the killer had that Grice would venture
upon his front porch remained a mystery.
Rhodes had a theory on this point that
he offered to Garrison, namely that the
killer had been waiting for the family to
retire. ““As soon as he was sure that every
one was asleep,” explained Rhodes, “he
would have forced entrance, found Grice,
and shot him down. As it was, that bark-
ing dog eased his task.”
Garrison nodded. “We’ll get him,” he
commented. “But it may take some time.”
The next step of the investigators was to
interrogate Grice’s fellow workers at the
plant where he had been employed. Each

TRUE DETECTIVE MYSTERIES

man interviewed |
popularity.

“He was a man
body, but just ex
job well,” one of 1
employers also spo!

As Garrison and
depart, one of tl
“Sheriff, I know a1
some helpful info:
could, because he
friend.”

“Who is that?”

“Rufus Satterfiel
I’m sure he’ll te
knows. Mr. Sattert
Sunday School. E
him.”

The investigator:
quickly sought out
rison and Rhodes
the Sunday school
did reputation and
boro’s best-known

NQUIRY disclos:
the Grice home
to the bereaved fa

When Garrison a
front of the bunga
teacher was in the
invited him into
slowly around the
But Satterfield, a sl
of iron-gray at |
pletely in the dark
killed his friend.

“T can’t imagine
like that. Of cours
working hard to d
peal of the Volste
election, and that :
But I can’t imag:
town singling Herb
didn’t he pick m
John Tyson, or M
have been devoting
than Herbert.”

“Then you never
thing about being 1
along that line?” as

“Not a word, Mr
in me a great dea
tioned a soul to r
against him.”

Although the pc
tionably vague, th
directed their inves
row underworld of
dependable informe
der: Bring in the n
who has voiced a 1
campaigning either
of the Prohibition a

Sheriff Garrison
legging gentry were
opinion as to whet}
benefit or harm to
several, under a
might have commit

However, as the
pigeons began trick
Rhodes, now co-hea
investigation, began
ever that the job s
come a lengthy aff:

“Tf it was one of
did it, then he’s ke
heard nothin’ yet,”
reported. That was
of the other reports.

Despite intense ac
the Goldsboro and °
for hours upon end, 1
toed phantom led
Officials admitted to
men that the case
mystery.

Late in the eveni
Deputy Gardner anc
in the Sheriff's office
of approach. Tired ;

FEBRUARY, 1941


Sheriff's office. With complete candor,
Garrison told Satterfield that they had
uncovered evidence of his relations with
Mrs. Grice.

“T realized from the very night Herbert
was killed that this would come back to
put me in a bad spot,” began Satterfield
by way of explanation, “and I will admit
that I have been seeing Mrs. Grice a great
deal. But, goodness, gentlemen, that
doesn’t make me a murderer. I am a mar-
ried man with four children. Why should
I kill my best friend? What good would
it do me to kill Herbert?”

“None that I can see, off hand,” con-
ceded Garrison. “But would you mind
giving us the story of your movements
and whereabouts from nine until nine-
thirty o’clock Sunday night?”

“AJOT at all. Around seven o’clock 1

dropped into Stanley’s Drug Store,
where I remained for a while talking to
Judge Bland. From there I went home. I
stayed at home for a while, and then I went
over to Charlie Cowan’s service station.
Dr. Edward Bizzell and Edward Michaux
were there. I had a soft drink with them,
and then went home. I stayed about ten
minutes and got restless. So I walked back
to Charlie’s. When I returned home about
nine-forty-five, I was told that my mother
had telephoned and said that my _half-
brother was here on a visit from Norfolk.
My mother lives about a mile and half
from my house. I asked my wife if she
would go, but she decided to stay with the
children. When I got back home, my
daughter told me that Mrs. Grice’s brother,
Donald Sasser, had left word for me to
come to the Grice home. I went there at
py and learned that Herbert had been
shot.

“Now, you gentlemen are no doubt
wondering how I can recount my move-
ments so well, but from the time I heard
of the murder I knew that I might have
to account for every minute of that Sun-
day night. I am guilty of indiscretion—
but certainly not of murder,” concluded
Satterfield with sincerity.

“Do you own a gun?” asked Garrison.

Satterfield shook his head. “I did own
one a few years ago, but I sold it.”

The Sunday school teacher was _ per-
mitted to go home, and the two officers
began the task of checking his alibi.

They finished shortly before noon the
following day. Seemingly, Satterfield was
completely innocent, his alibi air-tight.
Judge Bland, Charles Cowan, Dr. Bizzell,
and Edward Michaux, all men of good
repute and unquestioned veracity, cor-
roborated his statements as to exact time
and places.

Early that afternoon Sheriff Garrison
sat alone in his office, going over routine
papers that required his signature. A
slender figure appeared in the doorway.
It was Rufus Satterfield.

“Sheriff, I neglected to mention that I
borrowed a gun from Redmond Dortch last
week to go hunting. I’m sorry I forgot
to tell you. I’m wondering if I can return
it without arousing a lot of talk.”

Garrison was silent in thought for a
moment. “Sure, that’s all right. Take it
back, Mr. Satterfield. I’ll know the cir-
cumstances, no matter what may be said.”

Satterfield smiled his relief. “Thank you,
Sheriff. Good-by.”

Garrison idly watched Satterfield as he
turned and walked down the long corridor.
Suddenly he stiffened. The Sunday school
teacher was walking pigeon-toed!

Thirty minutes later, after being in-
formed of this significant observation, De-
tective Rhodes was adding fuel to the
spreading flames. “I’m frank to tell you,
Sheriff, that his failure to inform you
about that gun was no accident, in my
opinion. I happen to know that on the

78

Sunday night Grice was killed, Satterfield
asked Edward Michaux to come by the
courthouse on the next morning. Michaux
did come by, and Satterfield told him he
was in a predicament. He told Michaux
he had borrowed Redmond Dortch’s gun
and that this might involve him in the
murder. He asked Michaux to go to
Dortch where he worked at the Standard
Oil plant and tell him to say nothing
about lending the gun to him.”

The Sheriff tapped his pencil nervously
on the desk. “Looks like he’s plenty
anxious not to get embarrassed with us.
Let’s ride out to see Dortch. We'll take it
easy and give Satterfield a chance to re-
turn the gun first.”

They were making ready to leave the
office when the telephone rang. Garrison
answered it. Suddenly he leaned forward.
For several minutes Rhodes heard the
murmur of a voice from the receiver, then
—‘Good work, Harry. Follow it up!”
said the Sheriff and wheeled around in
his chair.

“It was Gardner,” he began. “It’s get-
ting hot! He’s been checking over near
Evergreen Avenue. He went into the
colored section and found a negro woman
by the name of Lonie Fields. On the night
of the murder she was walking with her
daughter near Rosedale when she saw a
man get out of a car with a shotgun under
his arm. As soon as he started across the
cotton field, the car moved off.”

“Moved off, eh? That means there’s
more than one person in on this! How
about the description?”

“rTOO dark to see him well. The woman

said he didn’t wear a hat. She said he
was a ‘spare-built’? man, too. But she didn’t
notice the car particularly. Couldn’t give
the license number, even if she saw it, or
the make of the car. Let’s go interview
Dortch and then cut back across and see
Gardner.”

Redmond Dortch readily handed the
weapon over to Garrison and Rhodes.
“Mr. Satterfield just returned it a little
while ago.”

“What did he say?” queried Rhodes.

“Nothing much, except that he hoped I
wouldn’t mind his bringing it back un-
cleaned. Said he went hunting last Friday
and forgot to clean it.”

The persevering investigators now
turned their attention to Mrs. Grice, the
attractive wife of the slain man, who had
been thrust into the picture by the start-
ling admission of Satterfield.

But the widow was quick to assert that
it was ridiculous and unthinkable to con-
nect her in any way with the murder of
her husband. “Besides, there is no earthly
truth in your belief that I am in love
with Rufus Satterfield—or he with me. All
that is just scandalous gossip. Rufus did
visit our house frequently, but that was
because he was one of our best friends.”

The Sheriff and the detective took the

retty woman at her word and released

er. This move was inevitable. After all,
no evidence had been developed to con-
nect her with the case.

But it was only minutes later that two
new developments rocketed the weary in-
vestigators into renewed activity. Depu-
ties of Sheriff Garrison relayed the report
that Donald Sasser, handsome, powerfully
built brother of Mrs. Grice, had voiced
angry denunciation of and an _ implied
threat against law enforcement officials for
what he declared was the unjustified de-
tention of his sister. The second develop-
ment was an excited report from Deputy
Gardner that Lonie Fields, who was ac-

uainted with the Satterfield family
through previous employment, had said
the man seen with the shotgun during her
walk with her child had appeared to be
none other than Rufus Satterfield.

“I thought at first she was just repeating
the rumors floating around after we ques-
tioned Satterfield,” reported Gardner, “but
she says now that she didn’t hear any
rumors—that the *3an with the gun did
look like Rufus Satterfield.”

Here, then, lay potent and damning evi-
dence against the Sunday school teacher.
But Garrison was still feverishly eager to
learn who had been the accomplice. Who,
he wondered, had carried the killer to his
rendezvous with murder and then driven
away?

Garrison finally formulated a theory.
“Somebody wanted to get rid of Grice—
that’s obvious. That somebody must have
been a person near and well-known to him.
I think right now we can eliminate the
racketeering angle. Whoever wanted him
dead, and we must still bear Mrs. Grice in
mind, naturally would have used some-
body he or she could trust implicitly. All
right, suspicion points straight to Satter-
field as the actual killer. Now, as to
his accomplice, I’d say Donald Sasser—
Mrs. Grice’s brother!”

“But that’s risky reasoning,” remon-
strated Sergeant Langston. “We haven’t
a thing against the widow.”

“That’s true—nothing that we can put
our hands on right now. But, listen to
this: I recall that on the night of the
murder Mrs. Grice sat in her living-room
and she was completely dry-eyed, although
she made a pretense of crying. Even while
her husband lay on the porch, she didn’t
go out to see him. You’ll remember, no
doubt, that she stayed in the house until
long after we got there. And, if you'll
remember, Herring and Wilson both swear
they didn’t hear Mrs. Grice scream for help
until at least five minutes after the gun
went off. What more would you want to
sink your teeth into?”

Donald Sasser was arrested and brought
to the Sheriff’s office. Although obviously
repressing his indignation, he calmly re-
sponded to the subsequent questioning.
However, he heatedly denied knowledge of
the murder of his brother-in-law.

“Did you see Satterfield on the day of
the crime?” he was asked.

“No, I did not.”

“But you called at his house on the
night your brother-in-law was killed?” De-
tective Rhodes had established this only
the day before.

“W7ES. He was a good friend of my sis-
ter and her husband, and I felt that he
should know at once of the shooting.”

“And you have seen him since the mur-
der?”

“Yes, I have. I went to see him about
his farm. He promised to rent it to my
father, and I wanted to get the matter
straightened out.”

Sheriff Garrison then directed that Sasser
be released. In response to Rhodes’ ques-
tioning look, Garrison said grimly, “We'll
have them back soon, don’t worry.”

Enlisting the aid of the entire Goldsboro
detective bureau, Garrison pressed steadily
onward with his investigation during the
ensuing three days. The results were grati-
fying.

Clifton Grice, a nephew of the slain man,
informed the officers that in July he had
gone to the Grice home to call for a
sweater he had inadvertently left there.
He had come upon Mrs. Grice and Rufus
Satterfield in the living room.

Detective Rhodes learned that a woman,
Mrs. Nellie Kleinert;‘had for some time
occupied the bungalow next door to that
of the Grices. She had moved away two
months ago. Rhodes learned that she was
living in Greensboro. He visited her and
ascertained that she, too, had observed
Satterfield’s repeated attempts to see Mrs.
Grice.

Twenty-four hours later, on November

TRUE DETECTIVE MYSTERIES

7th, exactly two
the city of Goldst
sational news tha
Grice, and Donale
and charged wit!
later, lurid detail
clandestine roma
the wires of the n
as the driver of
carried the slaye
murder.

As the trial da
authorities, aware
Mrs. Grice and h
weak, determined
tention for the ti
cution of Rufus §
qui with leave, en
reopen their case :
in the matter of
Grice and Sasser.

HREE month:
1934, Satterfiel
ing the throng in c:
walked into the W
to begin a fierce b
With care and
moved through its
set the State char,
murdered his best
in a better positi
Mrs. Grice. Witne
to the stand to est
_ A battery of bri
ing Judge Paul }
Bland, and Scott }
accused man. T)
mance” witnesses
ing their attack,
testimony of Loni
pigeon-toed track
the chewed and b:
Lonie Field’s
had also testified 1
the gun, was deri
to give competent
The chewed m:
declared, could in
evidence against §
evidence of the pig
as even approach
furtherance of this
introduced Dr. H.
division of ortho;

within their grasp
that technical fault
custodian’s records
up on the various

“Gene has to go
en out the inventc

Next he had to
to visit a fish cann:
Each time. the ba
to dig into their po
there came the m:
be set up. The tru
and the costs were
1934. the myth ha
four vears, and the
for many thousanc
gested that instead
Mrs. Ault they mal
to the bonding con
aghast at the pros;
assure her victim tl
ters would only be
the court would ha:
of the fee by a thir

Renner however
tangible in the way
existed. Maude wa:
“Suppose I can get .
you a letter. Wouk

“Tt certainly wou!

FEBRUARY, 1941

stified against
Missouri. re-
r young Pete.

e Brown was
and sentenced
and Bert Brum-
erated of any
As Pete had
mother’s influ-
3 evidence, he
ct was passed.
test her inno-
o the Criminal
wo years she
ay 19th, 1913,
e was affirmed
released. She
otiary at Me-
innocence.
afterward, they
- of the anony-
the investiga-
r have broken
ken Nettie far

talk while she
she had an evil

Nettie Brown’s
+ is there really
e eyes are the
vt an evil eye
he will to greed

premises. Finally
it the man knew

{hounds had ar-
ed on the scent,
ross the field and
| the spot where
‘rom there they
»ward Elm Street
ey halted uncer-
, then that there
- down the killer

zing now that the
would take hours,
to solve, Sheriff
da postponement
, until daylight.
two deputies to
a.

», the investigators

examination of

he roadway, field,

beyond what they

hey found nothing.

in remained: Why

, murdered? The

rwhelmingly that

ssly and in accord-

. His murder was

Yet what assurance
ice would venture

mained a mystery.

on this point that

. namely that the
: for the family to
was sure that every
ained Rhodes, “he
rance, found Grice,
s it was, that bark-
We'll get him,” he
‘ay take some time.”
investigators was to
low workers at the
ren employed. Each

DETECTIVE MYSTERIES

man interviewed testified to the victim’s
popularity.

“He was a man who didn’t bother any-
body, but just expected you to do your
job well,” one of them put it. The man’s
employers also spoke commendably of him.

As Garrison and Rhodes were about to
depart, one of the workers approached.
“Sheriff, I know a man who might give you
some helpful information, more than we
could. because he was Mr. Grice’s best
friend.”

“Who is that?”

“Rufus Satterfield. He’s a fine man, and
I’m sure he’ll tell you everything he
knows. Mr. Satterfield teaches my kids at
Sunday School. But I guess you know
him.”

The investigators thanked the man and
quickly sought out Satterfield. Both Gar-
rison and Rhodes were acquainted with
the Sunday school teacher, a man of splen-
did reputation and head of one of Golds-
boro’s best-known families.

Reee. disclosed that he had gone to
the Grice home to offer his condolences
to the bereaved family. :

When Garrison and Rhodes pulled up in
front of the bungalow, the Sunday school
teacher was in the act of leaving. They
invited him into their car, then drove
slowly around the block as they talked.
But Satterfield, a slender man with touches
of iron-gray at his temples, was com-
pletely in the dark as to who could have
killed his friend.

“J can’t imagine who would do a thing
like that. Of course, he and I have been
working hard to defeat the proposed re-
peal of the Volstead Act in the coming
election, and that might give you a lead.
But I can’t imagine any bootlegger_ in
town singling Herb out for revenge. Why
didn’t he pick me_ out for murder, or
John Tyson, or Miles Gary? All of us
have been devoting more time to the fight
than Herbert.”

“Then you never heard him mention a
thing about being threatened, or anything
along that line?” asked Detective Rhodes.

“Not a word, Mr. Rhodes. He confided
in me a great deal, but he never men-

- tioned a soul to me who had anything

against him.”

Although the possibility was unques-
tionably vague, the persevering officials
directed their investigation into the nar-
row underworld of Goldsboro. To every
dependable informer went the uniform or-
der: Bring in the name of any bootlegger
who has voiced a threat against any one
campaigning either for or against repeal
of the Prohibition amendment.

Sheriff Garrison knew that the boot-
legging gentry were somewhat divided in
opinion as to whether repeal would bring
benefit or harm to the industry. One or
several, under a warped compulsion,
might have committed the brutal crime.

However. as the reports of the stool-
pigeons began trickling in, Garrison and
Rhodes. now co-heads of the widespread
investigation, began to sense more than
ever that the job seemed destined to be-
come a lengthy affair.

“Tf it was one of the bottle guys that
did it, then he’s keeping low. We ain’t
heard nothin’ yet,” one of the “stoolies”
reported. That was about the consensus
of the other reports.

Despite intense activity on the part of
the Goldsboro and Wayne County forces,
for hours upon end, the trail of the pigeon-
toed phantom led toward a blank wall.
Officials admitted to clamoring newspaper
men that the case still was a baffling
mystery.

Late in the evening Detective Rhodes,
Deputy Gardner and Sheriff Garrison met
in the Sheriff’s office to plan another line
of approach. Tired and weary, the Sheriff

FEBRUARY, 1941

frankly admitted he was completely mys-
tified. “The only thing I can see to ‘do is
to become a street-corner Santa Claus and
watch for a shoe heel with the word
‘Cushion’ on it,” he grumbled.

“And still we haven’t the slightest evi-
dence to point to——”

A slender man bearing three green boxes
under his arm halted in the office door-
way. “Hello, Mr. Rhodes. Hello, Sheriff
Garrison. How are you all getting along
with the case?”

“Hello, Mr. Satterfield,” greeted Rhodes.
“Looks pretty bad right now. By the way,
I want to ask you something.”

“Let me carry these ballot boxes upstairs
ane V’ll be right back,” promised Satter-

eld.

A few minutes later the quiet-mannered
Sunday school teacher was back in the
Sheriff’s office.

“Mr. Satterfield,” began Rhodes, “what
do you know about this fellow Will Hicks?
Did you hear Grice say anything about
having an argument with him, or trouble
of any sort?”

Satterfield shook his head. “No, I didn’t.

Main street of Goldsboro, N. C. The
city was shocked by revelations in the
Grice murder

T’ve heard that you did question Will
Hicks, but I agree with a lot of other peo-
ple who are saying they don’t believe he’s
the type of person who would commit
murder.”

For more than an hour Rhodes and
Garrison chatted with the friend of the
slain man. As best he could, Satterfield
gave them all available information con-
cerning Grice’s other friends and business
contacts. “Well,” he said finally, “I'd bet-
ter get home to dinner, or my wife will
call up and say I can eat with the prison-
ers.’ He laughed and bade the investiga-
tors a good night.

Sheriff Garrison arose and picked up his
hat. “Come on, Chink, let’s get a bite to
eat. I’m just about starved, myself.”

But the detective made no answer. In-
stead, he stared as if hypnotized at the
ash tray on the Sheriff’s desk. Garrison
frowned. “What the devil are you staring
at?” He peered down at the tray. In it
were several broken match stems, wet
with saliva, bitten and chewed.

“So, that’s it,” murmured Garrison. “It
looks like a gold mine—if I could find that
somewhere else. But right here in my
office—and Rufe Satterfield.” The Sheriff
shrugged with disinterest.

Rhodes nodded slowly. “We may be
crazy to give it even a thought, but I’m
saving these match stems. Here, where’s
an envelope?”

Shortly after nine o’clock that night, as
Rhodes vainly continued to trace down
nebulous leads, he received a message that
some one wished to see him immediately
at the side door of the Goldsboro Hotel.
“Another half-baked lead,” he thought, as
he drove to the hotel. Alighting from the
machine, he saw a short, stocky man lean-
ing against the wall by the side entrance.
Upon seeing the detective, the man quickly
approached the car.

“How do you do, Mr. Rhodes? You don’t
know me, but it doesn’t matter. I want to
tell you something that might help you

on the Grice case. Several days ago I was
talking to a girl who confided some strange
things to me. Her name is Viola McRae.
She used to be a maid employed in the
Grice home. But suppose you go and ask
her just what took place there sometimes.”

Rhodes demanded the man’s name. lt
doesn’t matter.” the man_ said, smiling.
“What I’ve told you can’t hurt, and it
might help.”

he detective grunted his thanks and
half-heartedly headed toward the address
supplied by the stranger.

hirty minutes later his interest had
risen several degrees. Viola McRae, at
first reluctant to talk, finally admitted that
she had described to her unnamed friend
some of the things which had taken place
in the Grice home.

“Sadie Watson, who was there before me,
told me on one occasion that the same
things happened while she worked there,”
said the girl.

“What were those things?” prodded the
detective.

“Well, almost every day around ten
o’clock a man would come to the house and
stay for an hour or two, sometimes longer.
Sometimes Mrs. Grice would send me to
the store. and sometimes I would just
stay there.”

“And what would happen?”

“Nothing much, except that this man
seemed crazy about Mrs. Grice. I saw
him try to kiss her once.” Rhodes man-
aged to steady his hand as he lit a cigarette.

“Did you know the man?”

The girl shook her head. “No, sir, I
never even heard his name mentioned.”

“Can you describe him?”

“Well, he was kind of thin, with dark
brown hair; and I remember he had nice
looking hands. and soft blue eyes. He
always spoke softly, too.”

“Did he have gray hair at the temples?”
Rhodes asked slowly.

“Yes, sir. I think he did.”

Obtaining the address of Sadie Watson
from Viola, Rhodes hastened to call upon
her. A short while later he hed received
virtually the same information—there had
been a mysterious visitor who called often
at the Grice home.

TT description of the stranger given by
Viola McRae danced tantalizingly in
Rhodes’ mind. It was fantastic, almost in-
credible, but still The detective’s
knuckles whitened as he gripped the steer-
ing wheel and sped toward Evergreen
Heights.

Two hours later Rhodes had collected
enough information to convince him that
he held in his hands a potential bombshell.
He felt that it would either explode with
a shocking reverberation or turn out to be
a complete dud that might drop on his
own toes with embarrassing results.

From three different neighbors the per-
severing detective had garnered informa-
tion: A man had indeed visited the Grice
home; an unexpected vistor had observed
him trying to hold Mrs. Grice in an affec-
tionate embrace.

And in each instance the stranger had
been none other than Rufus Satterfield!

Detective Rhodes was too old a hand at
criminal procedure to jump to conclusions.
The information was indeed electrifying,
but in no way incriminating. Satterfield,
honest, upright. and a pillar of the church,
most assuredly did not possess the ap-
pearance of a murderer. Of course, the
evidence indicated that he had become
infatuated with the attractive wife of his
best friend, but it pointed to nothing more.

“Nevertheless, he deserves to be ques-
tioned.’ decided Sheriff Garrison after
Rhodes had finished relating to him the
facts he had unearthed.

In response to their summons, Satter-
field voluntarily presented himself at the

ied
44

was just repeating
und after we ques-
orted Gardner, “but
e didn’t hear any
with the gun did
ield.”
t and damning evi-
day school teacher.
feverishly eager to
» accomplice. Who,
ed the killer to his
er and then driven

mulated a theory.
get rid of Grice—
ymebody must have
well-known to him.
can eliminate the
hoever wanted him
| bear Mrs. Grice in
| have used some-
rust implicitly. All
straight to Satter-
iller. Now, as to
y Donald Sasser—

reasoning,” remon-
ston. “We haven't
low.”

ig that we can put
ow. But, listen to
1 the night of the
t in her living-room
v dry-eyed, although
-erying. Even while
he porch, she didn’t
You'll remember, no
1 in the house until
ere. And, if you'll
d Wilson both swear
irice scream for help
nutes after the gun
would you want to

wrested and brought
Although obviously
ition, he calmly re-
sequent questioning.
denied knowledge of
tther-in-law.
rfield on the day of
sked.

t his house on the
law was killed?” De-
stablished this only

vod friend of my sis-
nd, and I felt that he
of the shooting.”

a him since the mur-

ent to see him about
sed to rent it to my
d to get the matter

vn directed that Sasser
ynse to Rhodes’ ques-
n said grimly, “We'll
a, don’t worry.”

the entire Goldsboro
rison pressed steadily
estigation during the
[he results were grati-

»hew of the slain man,
that in July he had
home to call for a
ivertently left there.
Mrs. Grice and Rufus
ing room.
earned that a woman,
. had for some time
yw next door to that
nad moved away two
s learned that she was
He visited her and
>», too, had observed
attempts to see Mrs.

s later, on November

B DETECTIVE MYSTERIES

7th, exactly two weeks after the slaying,
the city of Goldsboro rocked with the sen-
sational news that Rufus Satterfield, Mrs.
Grice, and Donald Sasser had been arrested
and charged with the murder. Minutes
later, lurid details of the pious teacher’s
clandestine romance were winging over
the wires of the nation. Sasser was named
as the driver of the automobile which
carried the slayer to the scene of the
murder.

As the trial date neared, however, the
authorities, aware that their case against
Mrs. Grice and her brother was relatively
weak, determined to concentrate their at-
tention for the time being on the prose-
cution of Rufus Satterfield. A nolle prose-
qui with leave, entitling the prosecution to
reopen their case at a later date, was taken
in the matter of the charges against Mrs.
Grice and Sasser.

HREE months later, on February Ist,

1934, Satterfield, his gray eyes sweep-
ing the throng in cool and defiant appraisal,
walked into the Wayne County courtroom
to begin a fierce battle for his life.

With care and deliberation, the State
moved through its evidence. At the out-
set the State charged that Satterfield had
murdered his best friend in order to be
in a better position to try for favors of
Mrs. Grice. Witness after witness was sent
to the stand to establish this.

A battery of brilliant counselors, includ-
ing Judge Paul Edmonson, Judge D. H.
Bland, and Scott Berkley, appeared for the
accused man. They challenged the “ro-
mance” witnesses only briefly, concentrat-
ing their attack, unsuccessfully upon the
testimony of Lonie Fields, the clues of the
pigeon-toed tracks, and the evidence of
the chewed and bitten match stems.

Lonie Field’s daughter Dorothy, who
had also testified to seeing Satterfield with
the gun, was derided as being too young
to give competent testimony.

The chewed match stems, the defense
declared, could in no way be construed as
evidence against Satterfield. Nor was the
evidence of the pigeon-toed tracks regarded
as even approaching conclusiveness. In
furtherance of this argument, the defense
introduced Dr. H. R. Shands, head of the
division of orthopedic surgery at Duke

within their grasp. First Maude claimed
that technical faults had been found in the
custodian’s records, necessitating a check-
up on the various agents.

“Gene has to go to California to straight-
en out the inventories,” she said.

Next he had to go to British Columbia
to visit a fish cannery owned by the estate.
Each time, the backers were called upon
to dig into their pockets for expenses. Then
there came the matter of a new trust to
be set up. The trustees had to be bonded,
and the costs were high. By September,
1934, the myth had been maintained for
four years, and the victims had been bled
for many thousands. When Renner sug-
gested that instead of giving the money to
Mrs. Ault they make out the check direct
to the bonding company, the woman was
aghast at the prospect. She hastened to
assure her victim that if he did this, mat-
ters would only be held up still further as
the court would have to approve payment
of the fee by a third party.

Renner however insisted on something
tangible in the way of proof that the estate
existed. Maude was equal to the challenge.
“Suppose I can get Justice Holmes to write
you a letter. Would that be satisfactory?”

“Tt certainly would,” he told her.

FeBpecary, 1941

University.

Dr. Sands testified that Satterfield was
not pigeon-toed, but slew-footed. Colonel
Edgar H. Bain, who in the World War had
served with the prisoner on the battlefields
of France, testified that Satterfield was not
only bow-legged hat slew-footed as well.

In the late afternoon of the third day
the jury retired with the case. Three hours
later the jurors returned with their fateful
verdict—“‘Guilty of murder in the first
degree!”

Judge R. Hunt Parker immediately sen-
tenced the white-faced killer to death in
the electric chair on March 16th.

But Satterfield’s able attorneys con-
tinued their dogged fight. Soon afterward
they submitted to the court a confession
in which Satterfield declared that Donald
Sasser had killed Grice purely by accident.
The shooting, according to this statement,
had occurred when Sasser intervened and
sought to prevent Grice from forcing his
marital attentions upon Mrs. Grice.

Duly considered by the judiciary, the
purported confession was denied as justi-
fication for a new trial.

On the night before his execution, Sat-
terfield called Garrison and Rhodes to
“Death Row” at the Central Prison in
Raleigh. His face pasty white, his lips
blue and trembling, the convicted slayer
poured forth a sensational accusation.

“You can’t kill me alone,” he cried, “be-
cause some one helped me! I didn’t
shoot him by myself! Donald Sasser, Mrs.
Grice and I plotted Herbert’s death for a
long time! I was with Donald that night,
but it was Donald who pulled the trigger.
I was in the car. I swear it!”

The new confession won Satterfield a
reprieve. Quick action followed against
his accused accomplices, both of whom
were. arrested and imprisoned without
privilege of bail.

And so, on December 5th, 1934, one of
the most sensational trials in North Caro-
lina criminal history was convened before
an immense gathering of men and women
who had literally fought their way to seats
inside the courtroom or to standing room
near the entrances.

Solicitor Clawson L. Williams, now a
judge of the Superior court, based his pros-
ecution largely upon the confession of Sat-

False Legacy
(Continued from page 51)

Maude had in mind a simple matter of
forgery, but Renner balked her scheme by
writing directly to the Justice himself.
Ten days later he received a reply, signed
by the jurist’s secretary. In polite terms
it stated that Mr. Holmes had ‘not the
slightest idea of what Renner was talking
about.

Immediately the latter sent for Mrs.
Ault, demanded to know what was going
on. But—outwardly at least—she was un-
perturbed...

“Naturally, the Judge wouldn’t commit
himself in a letter to you. How does he
know who you are? You might be a poli-
tician trying to get information.” She
shook her head, sighed. “I only hope this
doesn’t antagonize them. But if you're
really so worried about money, I’ll tell you
what we'll do. We'll go to Washington
and Gene will introduce you to the Gov-
ernment men in charge.”

“Fine,” said Renner. “I’m sick of
floundering around in the dark. Let’s do
as you say and go to Washington.”

“T’ll write Gene tonight,” promised the
woman.

Counting on her ability to explain away
any doubts which might arise in her vic-
tim’s mind, she made the trip with Renner.

terfield. But the condemned man, upon
taking the witness stand, changed his story.
This time he asserted that he had actually
fired the gun but tried to place the blame
on Sasser, saying that the latter had helped
him plot the crime, driven the car, and
later picked him up.

“For a long time I wanted to kill Mrs.
Grice’s husband because he had mistreated
her and had threatened the children with
all kinds of things,” contended Satterfield.
“Donald Sasser condoned my regard for his
sister. He used his knowledge of my
feeling to force me to kill Herbert Grice
because he hated his brother-in-law and
wanted to see his sister collect Herbert’s
insurance. It amounted to around five
thousand dollars.”

Two of the State’s ablest attorneys, N.
W. Outlaw and Hugh Dortch, sought des-
perately to refute Satterfield’s damaging
testimony against their clients. In bril-
liant and convincing expositions to the
jury, they argued that Mrs. Grice and
Donald Sasser in no way could have known
of the murder plot. They contended that
unquestionably neither defendant could
have taken part in it, that they were being
persecuted by the testimony of a man
who was groping frantically for a straw by
which he might avert his impending fate.

NE week later, at six o’clock in the

evening of December 12th, the jury
filed out to deliberate the fate of the at-
tractive widow and her handsome brother.
Two and one-half hours later the twelve
men re-entered the room to announce the
verdict of not guilty to the court and to
the hundreds who packed the chamber.

Vindicated by the jury’s verdict. Mrs.
Grice and Donald Sasser gazed with un-
concealed pity upon the man who had
sought by his testimony to imperil their
lives for his own benefit.

Forty-eight hours later Satterfield, his
eyes sunken, his face chalky white, walked
the “last mile” to the chair. But before
the charge tore through his body, he whis-
pered between ashen lips: “I committed a
great wrong. I bear no ill will. Iam ready
to pay the penalty.”

Seconds later he had paid a terrible price
for his mad infatuation and for the be-
trayal of his own conscience and teachings.

They waited for two days in their hotel for
Gene. But there was no sign of him.
Finally a telegram arrived.

“Fiancee has been seriously injured,” it
read. “Had to fly to Omaha.”

“Oh, the poor girl,” said Mrs. Ault. “TI
hope she’s all right. Gene’s so in love
with her.”

Renner shook his head wearily. “I sup-
pose that we had better go home,” he said.
“Unless your son is on hand to introduce
us, we'll get no place.”

Back they went to Illinois. Maude was
full of apologies, promised to give further
proof of the genuineness of the estate. She
told him that if he would look up the case
of the People vs. Max Orendorff, District
of Columbia Court of Appeals, July 17th,
1930, J. and F. Kelly, attorneys, he would
find the whole record of the matter. “Mr.
Brockhurst and Mr. Smythe in the Justice
Department know all about the matter
too,” she averred.

Renner figured that he had spent enough
money already and was content to write
the matter off as a total loss. But Mrs.
Ault came back at him with a newer and
stronger lure. She showed up one morn-
ing with the news that old Max had died,
and that not one-half, but the entire estate

©

SATTERE

da da dab

Seormeeiaces
————

HERBERT GRICE——
A charge from an unknown enemy’s
shotgun blasted him into eternity.

HE clock struck ten, and Mr. and Mrs. Herbert. Grice,

who had sat talking in their home on Creech Street,

in Goldsboro, North Carolina, finally insisted that

their three small children get to bed—and fast. The
kids had been allowed to remain up a little longer than
usual that Sunday evening.

Mr. and Mrs. Grice continued to sit up and talk, but
when the time neared 10:30, the parents also retired.
Grice, a machine-shop pattern worker, had to be up
early to get to the shop in the morning, and:Mrs. Grice
would have to be up still earlier to get her husband’s
breakfast, ;

The barking of Grice’s beagle hound broke the Sunday
night stillness outside, but finally the animal quieted
down, and the couple prepared themselves for slumber.
Then, suddenly, the beagle barked again—a weird,
excited bark that showed suspicion of some lurking

ELD, Rufus, white, elec. NCSP (Wayne) 12/11/193).

‘THE BEAGLE HOUND——
owned by the Grice family
. was suspicious of a stranger.

stranger, perhaps. Finally Grice got out of bed, slipped
on his bathrobe and decided to investigate the disturb-
ance. The date was October 22, 1933.

Unlocking the front door, Grice stepped out on the
porch and peered sleepy-eyed through the darkness. Not:
a soul was in sight. Suddenly, from the inky blackness,
the loud roar of a shotgun shattered the night air. The
load of shot struck Grice in the face and chest, spinning
him half way around as he fell.

Fearful that something had happened to her husband,
the young wife dashed to the front porch, followed
closely by the three children, who had been roused by
the sound of the explosion. The woman took one look
at the bleeding form and broke into hysterical screams.

In every home nearby lights were turned on. It was
only a matter of moments before neighbors, some only
half dressed, responded to the woman’s screams.

While an elderly woman tried to comfort the. dis-
traught wife, a thoughtful man put through a call to the
Goldsboro city police headquarters.

The wail of a siren soon announced the arrival of big,
graying O. L. (Chink) Rhodes, Chief of Detectives, and
Policeman Grover Lancaster.

Rhodes elbowed his way through the .crowd and
bounded up on the porch beside the wounded man.
Bending down, he felt Grice’s pulse. Grice was dead.

The detective turned to Lancaster. “Keep the crowd
back,” he instructed, “while I call the coroner. He'll
want to examine the body before it’s moved.”

Minute# ater Coroner T. R. Robinson arrived, fol-
lowed by Wayne County Sheriff Paul C. Garrison, a tall,
rangy man with years of experience behind him as an
officer of the law.

MYSTERY OF THE

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By

PIGEON-TOED &

Fall, ‘ Ql.

CRIME DETECTIVE,


ell-liked man
hard worker,
tive wife and

ce their mar-
officers knew
enemies. Yet
crafty killer
he murderer?
slaying?

e two officers

» Grice home,
on the west

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field.

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sorry for his
said: “Come
eet.”

fanned out
its. But no-
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There they
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Pete ar

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ee

a SET ASS TUE Se

sure can’t think of anyone in the world who'would have

had reason to kill a fine man like Herb Grice,” he said. .
“It’s all a shock to me. I'don’t know what to make of it,””

Deciding to wait until morning to resume their search
for clues, the officers went home for the night. They
had a tough case on their hands, and they knew it.

TS Sun’s rays were just warming the chilled country-
side the next morning when Rhodes, Garrison and
Deputy Sheriff Roy Percise met at the Grice home.

“The killer’s bound to have fired from the field across
the street,” Rhodes told them. “If necessary, let’s comb
every inch of the ground. The killer may have left
enough evidence to send him to the electric chair.”

The three officers spread out, each going in a different

irection. Rhodes had gone about thirty yards when he
made a startling discovery. A shout from him brought
the others running to his side.

The detective pointed to some trampled weeds. “This
is the spot where the killer stood, all right. The tracks
lead from here towards the pine thicket.”

Several partially broken matches were scattered’ about
the spot. As the officers examined the footprints they
noticed a strange peculiarity about them. The toes of
the tracks pointed inwards. The officers followed the
prints for several yards, still noting the way the toes
turned inwards.

“ve got it!” Rhodes exclaimed.
the prints walks Pigeon-toed!”’

“Not only that,” Percise: broke in, “but he’s the
nervous type. That fact is borne out by the matches.
I believe the man we're looking for has a mania for
breaking matches with his fingers.” .

In all, the officers found 17 partially broken matches.

“The way I figure it,” Garrison spoke up, “the killer

“The man who made

knew that Grice had a dog. So while he squatted here
out of sight, he threw rocks across the Street to attract
the dog’s attention. And when Grice went to the door

0. L. RHODES——.
As Chief of Detectives he de-«
termined to get the slayer.

ry

THE CORONER——
He found that a 12-gauge
shotgun was murder weapon.

ae SSS ee

to investigate the barking, the Biller let him have it.”

While Deputy Percise returned to his car to get
material to make a cast of the footprints, Rhodes and
Garrison followed the tracks across the field some 300
yards to the pine thicket. There they lost the tracks

‘in some tall grass and vines,

Returning to town, the officers closeted themselves for
a discussion of the case. ,

“I’ve looked at this thing’ from every angle,” the
sheriff said, as he drummed his fingers on the top of
his ‘desk, “and I still can’t figure out the motive. You
don’t suppose there’s a jealousy angle somewhere, do
you? It’s possible for Grice to have had an enemy of
this character without anyone knowing about it.”

“Not likely,” the detective replied. “Grice wasn’t the
type to run around with other women. Besides, his wife
is one of the prettiest in Goldsboro. He had all the
comforts of home, as well as three lovely kids. What
more would a man want? Suppose you question em-
ployees at the machine shop where Grice worked? And
Pll talk to some of his neighbors. Meet me back here
in an hour.”

Neither of the officers obtained a lead or clue from
their questioning. Fellow workers were high in their
praise of the slain man, terming him an. all-around
swell fellow and one of the hardest workers in the shop.
None of them could offer a reason for the
slaying. we

Neighbors likewise could shed no light on the mystery.
The officers were admittedly at a standstill in their in-
vestigation. They had ‘two important clues, the pigeon-
toed footprints and the broken matches, but they were
worthless unless the killer was caught.

Funeral services were held on the following afternoon
for the slain man and a huge crowd of townspeople
turned out to pay their last respects to him.

Rhodes and Garrison devoted their full attention to
the baffling case for the next ten days, but could un-
cover nothing of importance. Meanwhile,
local papers clamored for action, demand-
ing in editorials that the killer be brought
to justice. News agencies carried the case
throughout the nation. ;

On November 7,. the first lead-“was
tossed -into the officers’ laps when a
middle-aged woman appeared at De-
tective Rhodes’ office and asked to talk
to him privately. She was one of the
neighbors he had questioned the day after
the murder. -

“I should have told you this before,”
she said. “It may have a direct bearing
on the Grice case.’

“What is it?” Rhodes asked, controlling
his mounting excitement.

“TI believe Rufus Satterfield is connected
in some way with Herbert Grice’s death!”

The officer could hardly believe the
woman’s words. :

“I know Satterfield was one of Her-
bert’s best friends,” she continued, “but
he seemed to be mighty fond of Ruby
Grice. I think he’s in love with Ruby.”

“You’re making quite a strong accu-
sation,” Rhodes admonished.

“I realize it. But after talking it over
with my husband he decided I should tell
you what I know about this.”

Thanking the woman, the officer
grabbed his hat and coat and hurried to
Garrison’s office in the courthouse.

“T can’t believe it,” the sheriff remarked
when told what (Continued on page 69)

ambush

17

=. SO
mn ae = = a
er a Ea

DETECTIVE

child?” Byrnes asked Jack again.

“Because I live in New Rochelle,”
he replied, “and we thought it would
be easier for us to see each other if
she was up here.”

“There wasn’t anyone you were
trying to get her away from, was
there?” The questioning continued,
and finally Jack admitted he wanted
to get Virginia away from the Bronx
where she was near Frank Blazek,
a man she had been engaged to for
over a year.

Eddie Bender supplied the detec-
tives with the information that Frank
was a friend of the family. He said
that everyone thought very highly
of him. His sister had been engaged
to him when.she was a kid, but in
the past year had been going out
with other men and a few months
ago became engaged to Jack Horton.
Ginnie.and Frank were always good
friends, he said and still went out
together. Frank didn’t go with any
other girls.

One of Frank’s close male friends
was located at the bare where he
worked and supplied the police with
details of Frank and Virginia with

whom he had gone out often in the -

past. The two of them had started
going around together when Vir-
ginia was only a kid. At first it was
more like a brother-sister affection
between Frank and Virginia, he said,
but then they started getting serious
and decided they would get married.
However, he added no date had ever
been set for the wedding dnd several
times Frank’ had broken off the en-
gagement.

During the past months, the police
learned, Frank had told his friend
that Virginia was going to marry a
man she had met in New Rochelle,
some time next month. So he had
imagined that the love affair between
Frank and Virginia had pretty much
cooled off.
_ The whole Bender family, the friend
further explained, had known Frank
for years, liked and trusted him and
they all got along remarkably well

together. The only disagreement he

knew about was one night only a few
weeks ago when he and Frank were
going out together.

“We were in my car,” he said, “and
were just going to pull away from
the curb when Virginia came along
with some man by the name of Jack.
She told Frank to get his clothes out
of the apartment and acted as though
she was angry, but it seemed to me
like she was just putting on for the
other fellow. The next day Frank
moved over to Mrs. Manning’s home
and has been there ever since.”

“Well,” Lieutenant Byrnes summed
up, “now we have_two discarded
sweethearts, Frank Blazek and Dick
Conroy, and one jealous fiancé, Jack
Horton. I’ll get some of the men busy
checking on Horton’s movements the
day of the crime and in the meantime
we'll -have this Blazek fellow in for
questioning.

Detailed to the Manning home to

68 bring Frank to headquarters for ques-

~

DATE WITH DEATH

Continued from page 13

es
tioning, Detective King reported that
Frank was not there; evidently he
was at work, but nobody knew just
where he might be found, as he was
working on a WPA project.

“Hang around until he gets there,”
King was ordered, “and bring him in
no matter what time it is.”

But up tntil midnight Blazek had
not returned.

Lieutenant Stephen M. Lukas was

‘ standing beside Patrolman Joseph

Katz who was on desk duty at the
40th Precinct, 257 Alexander Avenue,
Bronx, about one o’clock the follow-
ing morning, when a man came in and
walked up to the police desk.

“Yes, sir?” Lukas queried, “What
can we do for you?”

“I think you're looking for me,” re-
plied the man.

“Looking ‘for you? What’s your
name?” Lukas asked. ;

“Frank Blazek,”’ was the answer.

Lukas looked at the man closely.
He was drawn and pale and appeared
like a person who hadn’t slept for a
couple of nights. His clothes’ were
rumpled and his face bore a number
of scratch marks.

He was taken into a back room, and
nodded calmly. when told he was
wanted for questioning about the
murder of Virginia Bender. ‘

“Y’ll tell you about it,” he replied
to the lieutenant’s amazement.

Quickly Lukas put through a call
to Lieutenant Cook, who -was in
charge of detectives of the Homicide
Squad. While waiting, he had Blazek
searched. In his right-hand trousers
pocket hag 4 found a large hunting
knife, the blade of which was clean
and Cg

“Why did you kill the girl?” Lucas
demanded suddenly.

“T don’t know, I must have gone
nuts,” Blazek said in a cold, ead
voice.

He requested a glass of water and
then, faced by battery of detectives
he gave the following account of his
friendship and love for Virginia and
the events that led up. to the fatal
a ry :

“J’ye known Virgnia Bender about
five years. I first met her up in wd
apartment at 134th Street and Broo
Avenue. Some friends of. mine
brought her up, and at the time she
was only thirteen and a half years old.
She used to come up quite often, her
and her sister, and I never got seri-
ous with her until—well, I guess it
was about a.year after that.

“We started to go out together and
she talked it into her mother that I
should live with them. So the mother,
said it would be all right, it would
help her, too. So I went to-live with
them and we became engaged and we
were always together up until that
time she started to go to New Ro-
chelle.

“We were engaged in December of
1938, and I gave her a ring and a little
While after that a watch for her birth-
day. No date was set for the wed-
ding, though, because her mother had
other ideas. She told me she wanted

a big church wedding and a big re-
ception and she wanted me to have

“an apartment furnished before I could

marry Ginnie. I was only earning
$52 a month and I couldn’t do it on
that. :

“The first argument we had was
about some fellow she met while she

-was working in a restaurant in New

Rochelle. She met him there and told
me she was going to erty him and
the date was all set. But first it was
June second or third and then it was

July that she changed the date to.

“Even when she was planning to
marry this fellow, Dick his name was,
she was still seeing me. Then, about
three weeks ago, she left this Dick
and decided to come back to me. That
lasted a week and then I found out
about another man, Jack; I don’t
know where she met him.

“Then one night she told me she was
going to her cousin’s house and so I
put her on the subway and saw her
get on the train. A couple of nights
after that she told me she only
went up one station and came back
again and met this fellow Jack in
front of her sister’s house, and then
I don’t know where she went to.

“I was down on the stoop that night
and I saw her coming home and the
next night I asked her, ‘What’s the
idea of making a fool of me? After
all you only met this fellow and now
you are going out with him.’

“She said she only went out with
him that one night, and I told her, ‘If
I can’t have you, nobody else can have

ou.

“Next day I bought a hunting knife
at an Army and Navy store because
I wanted to kill Virginia. She was
driving me crazy going out with one
fellow and leaving him and then all of
a sudden going out with another fel-
low and she was going to marry each
one. And she wouldn’t marry me.

“Then, June sixteenth, we had a date
and we went to Palisades Park. We
had a swell time together and Vir-
ginia won a lot of prizes, but after we
got home shé took me aside and told
me that was the last time we were
going out together or going to see
each other.

“I really didn’t believe it. I thought
she was kidding, because she had
acted so nice that night. But she
wasn’t kidding because I found out
that she was going to New Rochelle,
where the fellow she was going to
marry lived. . :

“So Monday, June nineteenth, I
went to her house about five o’clock.
Only Ginnie was home when I got
there. She had been getting dressed
and a half-packed suitcase was in the
room and I asked her where she was

oing. 3

“She said she was going away and
we sat on the bed ‘and talked and I
asked her not to go to New Rochelle
and let this fellow pay for a_fur-
nished room for her. She said she
was going to live with a girl friend
up there and take her meals with
some woman she knew who wouldn't
charge her anything.


THE YOUNG WIDOW——
refused to be consoled by the
/ police and comforting neighbors.

Coroner Robinson made a cursory examination: and
announced grimly: “He was killed by a .12-gauge shot-
gun. The load struck him full in the face and chest,
causing death instantly. One of the pellets severed the
jugular vein in his neck.” *

While the body was prepared for removal to an
undertaking parlor, Detective Rhodes attempted to ques-
tion the widow, Mrs. Ruby Grice, an attractive woman
who appeared younger than her 29 years.

Bravely pulling herself together, she told the officer
that her husband had gone to the front door to in-
vestigate the barking of the family dog when she heard
a shot. Running to the porch, she said she found her
husband lying in a pool of blood.

“Did you see anyone near the front yard?” Rhodes
asked. ;

“It happened so quick,” she said, “I didn’t think to
look.”

In answer to the officer’s query, the woman. said she
knew of no enemies whatsoever that her husband had.

“I can’t understand why a thing like this should

_ happen to Herbert,” she sobbed. “He was liked by

everybody.”

Leaving the tearful widow and children in the care
of a neighbor woman, Rhodes stepped out on the front
porch and outlined the facts to Sheriff Garrison.

The crime had occurred in Rhodes’ domain, but the
sheriff readily offered his services on the case. Time and
again he and his deputies had collaborated with city
police on similar cases and the combination proved
effective, resulting in a decided reduction of crime in
Wayne County. ;

Both the sheriff and Rhodes knew the slain man.

By REESE HART

<t-FRONT*PORCH— Hag

of this quiet home in Goldsboro, N. C.
was the scene of a cowardly killing.

——

16

RUFUS SATTERFIELD—— ;
“I sure can’t think of anyone in the world
who'd want to kill a fine man like Herb Grice.”

ROY PERCISE——
Broken matches convinced this deputy that
killer was exceptionally nervous type.

Grice, 36 years old, was a clean-cut, well-liked man
who tended strictly to his own business. A hard worker,
he provided a good living for his attractive wife and
three children.

The couple had lived in Goldsboro since their mar-
riage and had made many friends. The officers knew
Grice was not the type of man who made enemies. Yet
he had been ambushed in the dark by a crafty killer
who never gave him a chance. Who was the murderer?
What was the motive behind the wanton slaying?

+ lene where they stood on the porch, the two officers
could take in the surrounding area. The Grice home,
a neat, four-room bungalow, was located on the west
side of Creech Street, along with two other homes. On
the opposite side of the street was an open field.

“The killer no doubt’ fired from across yonder,”
Garrison said, as he pointed to the open field which
bordered a thicket of tall pine trees.

“This thing has all the earmarks of a grudge killing,”
Rhodes commented, “but it just doesn’t make sense that
such a thing could happen to Grice. I feel sorry for his
wife and children.” Rhodes paused, then said: “Come
on, let’s see what we can find across the street.”

With the aid of flashlights, the officers fanned out
over the field in search of clues and footprints. But no-
where was there any evidence that a killer had stalked
in the weeds.

Abandoning the search, the officers decided to wai
until daylight and returned to the house. There they
were met by Rufus Satterfield, who served as special
deputy for Sheriff Garrison on certain occasions. Satter-
field, the officers knew, was one of Grice’s closest friends.
The two men had been close companions for years.

Garrison said, “Rufus, you probably knew Grice better
than anyone else. Did he have any enemies that you
know of?”

Satterfield shook his head, his face set grimly. “I

MAIN STREET—
of Goldsboro was one of busiest streets —
in the South during murder trial.

oa tn nal

ETT Se ee meee

a

468 N.C.

lying in wait, as was the case here, shall
be deemed tc be murder in the first degree.
State v. Keaton, 206 N. C. 682, 175 S. E. 296;
State v. Newsome, 195 N. C. 552, 143 S. EB.
187; State v. Smith, 201 N. C. 494, 160 S. FE.
577; State vy. Wiseman, 178 N. C. 784, 101
8S. E. 629.

[4] The competency of the little girl to tes-
tify as a witness in the case was a matter
resting in the sound discretion of the trial
court. State vy. Merrick, 172 N. C. 870, 90
8S. BE. 257, 259.

[5] Speaking to the identical question in
State v. Mdwards, 79 N. ©. 648, Reade, J.,
delivering the opinion of the court, said:

“Formerly the age at which infants might
be examined as witnesses was almost arbi-
trary. They were not regularly admissible
under fourteen, subject to exceptions. At
one time it was a general rule that none
could be admitted under nine years, very few
under ten. Gilb. Ev. 144; 1 Hale P. C. 302;
2 Ib. 278; 1 Phil. Ev. But of late years
since the means and opportunities for the
early cultivation of the intellect have multi-
plied, a more reasonable rule has been adopt-
ed, and age is not the test, but the degree of
understanding which they possess, including
their moral and religious culture. 1 Phil.
Ey.; 1 East P. ©. 448; 1 Leach 190; Roscoe
Cr. By. 10801. 2%. * 2

“In the case of infants where there was
suflicient capacity to understand the trans-
action and to communicate it, but not suffi-
cient moral and religious impression to com-
prehend the obligation of an oath, time has
been allowed to make the impression and to
cultivate the conscience. 1 Leach 199, 430.

“There being now no arbitrary rule as to
age, and it being a question of capacity, and
of moral and religious sensibility in any giv-
en case whether the witness is competent,
it must of necessity be left mainly if not en-
tirely to the discretion of the presiding Judge.
State v. Manuel, 64 N. C. 601. It may be
stated however that a child of tender years
ought to be admitted with great caution; and
where there is doubt it ought to be excluded.”

[6] Likewise, allowing the solicitor to of-
fer additional evidence, after the argument
had begun, was a matter addressed to the
sound discretion of the trial court, and there
is nothing on the record to suggest any abuse
of discretion in this respect. State vy. King,
84 N. C. 737; State v. Haynes, 71 N. C.
79; State y. Rash, 34 N. C. 382, 55 Am. Dec.
420.

176 SOUTH EASTERN REPORTER

[7] It is not perceived upon what ground
the motion in arrest of judgment could have
been allowed. Such a motion is proper when
—and only when—some error or fatal defect
appears on the face of the record. State v.
Bittings, 206 N. C. 798, 175 S. E. 299; State
v. Grace, 196 N. C. 280, 145 S. E. 399; State
v. McKnight, 196 N. C. 259, 145 S. B. 281;
State v. Mitchem, 188 N. ©. 608, 125 8. E.
190.

A searching investigation of the record
leaves us with the impression that the case
is free from reversible error. Hence, the
verdict and judgment will be upheld.

No error. |

SCHENCK, J., took no part in the consid-
eration or decision of this case.

207 N. C. 141
MIFCHELL v. STRICKLAND et al.
No. 168.

Supreme Court of North Carolina,
Oct. 10, 1934.

{. Bills and notes €=477

Indorser’s answer in action on note held
to allege codefendant maker’s fraud, col!u-
sively participated in by plaintiff, in procur-
ing note for purpose of benefiting plaintiff
as well as maker,

Indorser’s answer averred that his co-
defendant and plaintiff, in order to save
latter from loss because of codefendant’s
conversion of money deposited by plain-
tiff in bank, of which codefendant was
cashier, entered into collusion to procure
pleader’s indorsement of codefendant’s
note to plaintiff by falsely representing
that latter had agreed to lend codefend-
ant amount thereof for purpose of equip-
ping law office, with knowledge that pro-
ceeds of note were to be used to reim-
burse plaintiff for his loss, that indorse-
ment was obtained by codefendant’s
fraudulent representations, and_ that
plaintiff had full knowledge of, agreed to,
and participated in, fraudulent scheme to
procure indorsement,

2. Fraud >I
“Fraud” is trick or artifice whereby pen

son, by means of false statements, concea’ -

ments of material facts, or deceptive conduct
intended to create erroneous impression in

€}For other cases sce same topic and KEY NUMBER in all Key Number Digests and Indexes

ph a te lg»

AO Ae ints

MITCHELL v, STRICKLAND N.C. 469
1

another’s mind, induces latter to act or for-
bear from acting with reference to property
or legal right to his disadvantage.
[Ed. Note.—For other definitions of
“Fraud,” see Words & Phrases.]

3. Bills and notes C338

One taking note with knowledge of mak-
er’s fraudulent false representation to in-
dorser that payee had agreed to lend maker
amount of note for another purpose than re-
imbursement of payee for losses due to mak-
er’s defaleation as bank cashier was not hold-
er in due course (C. S, § 30883).

4. Pleading €=345(1), 349

Plaintiff's motion for judgment on an-
swer is, in effect, demurrer to answer and
can prevail only when matters pleaded con-
stitute admission of plaintiff's cause of ac-
tion, are insufficient as defense, or constitute
new matter insufficient in law to defeat
plaintiff's claim.

5. Pleading €=34(7)

Answer of defendant,. appealing from
judgment for plaintiff on pleadings, must be
construed liberally, which means that every
reasonable intendment must be taken in ap-
pellant’s favor, and sustained, if it alleges
facts sufficient to constitute defense.

6. Appeal“and error €=916(1)

Averments in answer of defendant, ap-
pealing from judgment for plaintiff on plead-
ings, will be taken as true.

———

Appeal from Superior Court, Hertford
County; Barnhill, Judge.

Action by Paul H. Mitchell against V. D.
Strickland and Talmage Baker. From a
judgment on the pleadings for plaintiff
against both defendants, defendant Baker ap-
peals,

Reversed.

J. H. Matthews, of Windsor, and E. lL,
Travis, of Halifax, for appellant Baker.

Tyler & Cherry, of Ahoskie, and A. T. Cas:
telloe, of Aulander, for appellee.

SCHENCK, Justice.

The plaintiff in his complaint alleges: (1)
‘The residence of the parties; (2) that the de-
fendant Strickland executed and delivered to
the plaintiff for valuable consideration a note
for $500 payable in 12 months after date;
(3) that prior to the delivery and before ma-
turity of said note the defendant Baker in-
dorsed the same by signing his name across
the back thereof, and that the plaintiff there-

iE.

upc: became the owner and holder in due
cou »2 of said note; and (4) that said note is
pas,. due and unpaid, and demand for pay-
mei. has been made and refused.

[7 The defendant Talmage Baker in his
answer (1) admits the residences as alleged ;
(2) Gamits that he indorsed a note for $500,
but'denies for lack of information that it was
thé®note described in the complaint; (8) de-
nies ‘that the plaintiff is the owner and hold-
er of the note in due course; and (4) admits
de> .nd for and refusal of payment of the
not; and for a further answer avers that
his -odefendant Strickland was cashier and
ha. the entire management and control of
a konk in which the plaintiff had a deposit
of = me $7,500, and that the defendant Strick-
lar i had converted to his own use a large
pa of this deposit, and that the plaintiff
hac made demand upon the defendant Strick-
lanc to make such conversion good, and that
in crder to save the plaintiff from loss the
defendant Strickland and the plaintiff enter-
ed? into collusion to procure the defendant
Bs cr to indorse the note of his codefendant
Si» coxland to the plaintiff by falsely repre-
senting that the plaintiff had agreed to lend
Strickland the amount of the note for the
pt~ ose of furnishing and equipping a law
of , provided he could obtain the indorse-
mk of the defendant Baker, and that both
the plaintiff and Strickland knew at the time
the! the plaintiff had not promised to lend

. Str ckland any money at all and was not go-

ing to do so, and that the proceeds of the note
were to be used not to equip a law office, but
were to reimburse the plaintiff for his losses
due to the defaleation of Strickland, and that
the defendant Baker’s indorsement on said
note was obtained by the wrongful, false, and
fraudulent representations made to him by
the‘defendant Strickland, and, further avers,
that the plaintiff had full knowledge of,
agreed to, and participated in, said fraudulent
sc.:.me to procure the indorsement of the de-
ferdant Baker.

_We are of the opinion that these averments
coistitute an allegation of fraud against the
dé fondant Strickland, and that they also con-
stitute an allegation of fraud against the
plaintife by reason of his collusive participa-
tic therein; and, further, that said aver-

ments show that the purpose in procuring -

the note by the fraudulent scheme alleged was
tc benefit the plaintiff as well as the defend-
ant Strickland.

f2] This court in McNair vy. Finance Com-
pany, 191 N. C. 710, 715, 133 S. E. 85, 88, quot-

€=For othe: cases see same topic and KEY NUMBER in all Key Number Digests and Indexes

———LLL—L_ EE = — = Ste VT SS AN

a sen
Sano e a

SDL OF

a


Ti rounww wore

O20 100

“She had her head on my shoulder
while we were talking and she kept
répeating that she was going to New
Rochelle even though I insisted I
wouldn’t let her go! ‘If I can’t have
you, nobody else can have you,’ I told
her again. I kept looking at her, but
she didn’t seem scared then; I guess
she didn’t know what was on my
mind, what I was leading up to. I
thought this girl was too retty, that
this was mostly the trouble. I s’pose
it was her business who she wanted to
marry and who she went out with,
but I was crazy at the time.

“T looked at her again, kept looking
at her, and then I could tell from her
eyes that she was getting a little leery
of me. I said, ‘So you got a date huh?.
Yeah, that’s right. You ‘got a date
with death, ‘baby!’ .

“Then I just grabbed her by the
-throat with both hands and started
to choke her. She started getting blue
‘in the face, so I just took the cover
and put-it over her face so I couldn't
see it. She started to claw at me
while I was choking her, and she
scratched my face.

“Then I put my hand in my pants

ocket where I kept the knife I’d

ought. I opened the knife. I still
‘had my .arm around her when I took
out the knife and stabbed her once.
Then I don’t remember what I did.
I don’t remember wiping the knife,
or anything. Virginia didn’t scream;
she didn’t have a chance to.

“I walked out of the house and
went to a friend’s place—a friend who
‘was supposed to get me a job in
Maine. But he wasn’t home. i knew
the police would be looking for me,
so I didn’t go near the Manning apart-

.

ment. I just sat around on park
benches and today I went downtown
and saw two movies. The last one
was at 42nd Street and after coming
out I made up my mind to give myself
up, so I walked all the way to the
station house-in the Bronx.”

Bee with murder in the first
degree, Frank Blazek was unable
to pay for counsel, so the court. as-
signed John F. Wilkinson as counse1
for the defense.

The latter applied for an order to

' appoint a psychiatrist to examine Bla-

zek and help in the preparation of
the defense,. because he felt there was
a serious question as to the sanity
of Blazek.

This was denied, but Blazek was
sent to the Psychiatric Division of
Bellevue Hospital and was kept under

. Observation for several weeks,

The report concerning his’ mental
condition was as follows:

“Careful and detailed psychiatric
observation and examination brought
out no behavior symptoms or mani-
festations which would indicate the
presence of psychosis. His conduct in
the Ray Sage has shown nothing un-
usual, e has been quiet, fully co-
operative in the hospital routine.

“During various’ psychiatric inter-
views he was polite, alert and dis-
played no abnormalities in the emo-
tional sphere. There are no gross
memory defects except an alleged in-
ability to recall certain events which
transpired at the time of the alleged
crime. ;

“It can be. stated, however, from
special tests performed in this hos-
pital and from outside data concern-

ing the details of the arrest, that ‘a

real or genuine state of forgetfull-.

ness does not exist. Whatever am-
nesia is claimed by the patient is based
on an attempt at self protection.”

Since the psychiatric examination
and observation showed Blazek was
not mentally deficient and had no

‘ psychosis, he went on trial fot mur-
der in the first degree before Judge
James M. Barrett, February 6, 1940.

The trial was held at Bronx County
Court House with Assistant District
Attorney Nicholas F. Delagi as prose-
cutor. Blazek’s confession, which was
taken down stenographically at the
time it was made, was read to the
jury and the only defense left to his
attorney was to point out that Blazek
was “not a criminal at heart; not a
cold blooded murderer, or he would
have escaped. He would have tossed
the knife in.the sewer, made good his
escape and taken his chances. But,
instead, he walked into the police sta-
tion and confessed.”

After deliberating only a short time
the jury returned a verdict of guilty,
and Frank Blazek was executed the
week of April 8, 1940, for the murder
which had proved such.a sensation in
the county. |

Eprtor’s Notre: The names Marie
Harrison, Dick Conroy and Jack Hor-
ton are fictitious names used here in-
stead of the'real ones of persons who
were involved in the case but who
were absolutely.innocent of any of-
fense whatsoever. These fictitious
names are used to screen the identity
of these innocent persons and save

them from any possible embarrass-
ment,

DETECTIVE

the woman had said. “Rufus is one
of the best friends I have. His repu-
tation is as good as any man’s in
Goldsboro, It doesn’t seem possible
that he could be mixed up in this.
Why, he has a wife and two grown
children of his own.”:

“Nevertheless, suspicion Bag te
mighty strong to him. And the
clincher is that he walks pigeon-toed!”

“You're right,” one of the deputies
spoke up. “Come to think of it I’ve
seen Satterfield break matches with
his fingers like the ones found in
front of Grice’s home. I asked him
one time why he did it and he told
me he guessed it was because he was
so nervous. It occupied his mind.”

Grim-faced, the sheriff and Rhodes
sped to the suspect’s home on Elm
Street. i

GATTERFIELD, a tall, loosely built
man whose name was well known
in that area, was taken completely
by surprise. When informed of what
the neighbor woman had said about
him, his ‘face flushed a deep red.

“Ts all a lie!” he stormed out.
“You ought to know me better than
that, Sheriff. I liked Ruby a lot, but
not in a disrespectful way. And I’ve

ot a wife of my own. It’s all ridicu-
Bu Herbert was my best friend.

Why would I want to kill him? Be-
sides, I was home the night he was
shot. If you don’t believe me, ask
my wife,” — :

Mrs. Satterfield, a kindly, middle-
aged woman, verified her husband’s
statement,

“If that’s true, Rufus,” Rhodes
spoke up, “then how do you account
for the fact that you were at the Grice
home right after the shooting?”

“TI got a telephone call that Herbert
had been shot. I don’t know who
made the call. The person merely
told me that somebody had killed
Herbert and then hung up. I went
over there right away.’ _

“There’s’ one way of finding out if
you're telling the truth,” Rhodes said,
as he eyed the suspect narrowly.
“We'll check your shoes with the foot-
prints found in the field fronting the
Grice home. And for your sake I
hope they don’t fit.”

Upon reaching headquarters, the
43-year-old suspect was ordered to re-
move his shoes. Rhodes took them
and placed them in the plaster casts.
They fitted perfectly! ‘

“But I tell you I didn’t do it!” Sat-
terfield pleaded. “I was home with
my wife.”

“That’s your story, Rufus. The foot-
prints don’t lie. ou cooked up that

‘PIGEON-TOED KILLER

(Continued from page 17) :

yarn and told your wife to tell us
you were home if we should happen
to question you. She lied to protect
you. You cooked. up another cock-
and-bull story about the telephone
bres We’re charging you with mur-
er,”

But what about the shotgun? What

‘had the killer done with it after pour-

ing death into Grice’s face and chest?
A search of.the suspect’s home failed
to turn up the weapon. °

ACHING on a hunch, Rhodes de-
cided to question Satterfield’s
neighbors and see what he could learn.
The first three neighbors the officer
questioned could furnish nothing of
value. But the fourth one told the
officer plenty.

“Since you mention it,” the man
said, “I loaned Rufus. my double-
barreled _.12-gauge shotgun two days
before Grice was killed. I didn’t
think —e about it at the time.
He said he wanted it to go hunting. -
When he brought it back several days
later it was rusty in spots, as if it
had been out in the rain.”

-The man went in the house and re-
turned with the shotgun. ;

‘Til want this for evidence,”
Rhodes said. “Ill see that you get
it back.”

on enlad Laetsstntnctn

At a tl lll a

406 —-N.O.

diseases, or other ailments, had not consulted
any doctor nor been treated by one within the
five years preceding the making of the appli-
cation, that he was then and had been continu-
ously in sound physical and mental health,
was shown by the testimony of three medical
men, all of friendly disposition toward the
insured, and by the physical facts shown by
the record, to be untrue.

In these circumstances the duty of the court
is plain to declare the contract of insurance
vold.

The judgment of the circuit court should be
reversed, and the case remanded, with direc-
tions to enter judgment for defendant under
rule 27. Let the amount of the premium paid
into court by the defendant, together with in-
terest thereon at the rate of 7 per cent. from
the date of its payment to the date of the
tender of its repayment, be paid to the plain-
tiff.

This opinion was written as the main opin-
jon, but as a majority of the court do not
agree it becomes the minor opinion,

W. C. COTHRAN, A. A. J., concurs,

qpacmasan

207 N. C, 118
STATE v. SATTERFIELD.
No. 218.

Supreme Court of North Carolina,
Oct. 10, 1934.

i. Criminal law €=739(2)
Defendant's guilt of murder held for jury
as against claim of alibi.

2. Criminal law 752, 752'/2

Court in passing upon sufficiency of evi-
dence, raised by demurrer or motion to non-
suit, is merely required to ascertain whether
there is any competent evidence to sustain
allegations of indictment (C. S. § 4643),

3. Homicide €=307(3)

Where evidence, if believed, showed that
defendant fired upon deceased without warn-
ing as he answered the door, court’s action
limiting jury to one of two verdicts, murder
in first degree or not guilty, Aeld not error
(C. 8. § 4200).

4. Witnesses G=40(2)

In prosecution for murder, competency
of seven year old child to testify was ad-
dressed to discretion of trial judge.

176 SOUTH BASTERN RHPORTHR

5. Witnesses €=40(1)

Age is not now the test in determining
whether a child is competent to testify, but
competency is based on degree of understand-
ing children possess, including their moral
and religious culture.

6. Criminal law €687(2)

Admission of additional newly discover-
ed evidence after solicitor’s argument had be-
gun and bearing upon presence of defendant
in neighborhood where murder was commit-
ted and car he was operating at time held
not abuse of discretion, where trial judge
stated he would ellow defendant reasonable
time to investigate such evidence; such mat-
ter being addressed to judge’s discretion,

7. Criminal law €=972

Motion in arrest of judgment is proper
only when some error or fatal defect appears
on face of record.

—

Appeal from Superior Court, Wayne Coun-
ty; Varker, Judge.

Rufus Satterfield was convicted of mur
der, and he appeals.

Affirmed.

Criminal prosecution tried upon indict-
ment charging the defendant with the mur-
der of one Herbert Grice.

The evidence for the state tends to show
that about 9 p. m., Sunday, October 22, 1933,
Herbert Grice was shot and killed at his
home in Goldsboro. He had been sitting with
his wife and three children in their sitting
room, when he heard his dog bark, and in
going out to investigate the cause of the
barking, was greeted with a load of buckshot
and felled either in the doorway or on the
front porch. He died immediately. The shot
was fired from a point in a cotton patch a
distance of about forty feet from the Grice
house. Here, there was a “trampled up
place” on the ground, and, in the line of fire,
fresh wadding from a 12-gauge gun was
found. There was also on or near the tram-
pled ground matches broken and splintered
in a manner characteristic of a habit of the
defendant. There were tracks leading to this
point, and others away from it, indicating
a “pin-toed” person in rapid flight, the toes
of the shoes only making impressions upon
the ground. The defendant is “pin-toed.”

Lonie Fields testified that shortly before
the shooting, she and her seven year old
daughter saw a man get out of an automobile
near the Grice home and go in the direction
of the cotton patch. He had a shotgun in

@=—For other cases see same topic and KEY NUMBER in all Key Number Digests and Indexes

&

STATE y. SATTESFIELD N.C. 467

176
his hands. “He looked like that man over
there” (pointing to the defendant).

Dorothy Fields, the little child, positively
identified the defendant as the man she saw
get out of the automobile with a shotgun
“folded up in his arms” and go in the direc-
tion of the cotton field.

On cross-examination, this witness said
the defendant had been pointed out to her in
the courtroom that morning by her mother
as the man they saw on the night of the homi-
cide; that it was a dark night and she had
never seen the defendant before. Upon this
admission, the defendant moved to strike out
the testimony of the witness.. Overruled;
exception.

There was other evidence to the effect that,
for quite awhile, the defendant had been
paying undue attentions to the wife of the
deceased—this as furnishing a motive for
wanting to get rid of him—and also that he
had borrowed a gun from Redmond Dortch
and sent him word, on the day after the homi-
cide, not to say anything about it, as he
forgot to mention the fact to the sheriff when
being questioned about the case.

The sheriff testified that he saw the de-
fendant on the night of the homicide; “he
appeared to be nervous * * * told me he
did not have a shotgun, but he thought there
was one around home, an old one around
home somewhere, but he did not know where
it was and had not seen it for years.”

The sheriff also testified that Lonie and
Dorothy Fields had stated to him practically
the same things as detailed in their testi-
mony.

Redmond Dortch testified that the defend-
ant returned his gun on the day after the
homicide, with the statement: “I am sorry
I did not get a chance to clean it. I meant
to clean it for you.” Both barrels had been
shot and there was new rust on it. “He did
not say anything to me, when he returned the
gun, about having been doing any hunting of
any kind.”

The defendant offered evidence tending to
establish an alibi. He denied the testimony
of the state.

After the argument had begun, the solicitor
Was allowed to offer additional evidence, dis-
covered only the night before, “and bearing
upon the presence of the defendant in the
neighborhood where the crime was commit-
ted and the car he was operating at the time.”
Objection; overruled; exception. The court
stated he would allow the defendant any rea-
sonable time to investigate this additional
evidence. Exception.

S.E.

Motion in arrest of judgment. Overruled;
ex¢ > dtion.

rdict: Guilty of the felony and murder
in tue first degree whereof he stands charged.

Judgment: Death by electrocution.
Defendant appeals, assigning errors.

Dickinson & Bland, Scott B. Berkeley, and
Pauj B. Edmundson, all of Goldsboro, for ap-
pellant.

Dennis G. Brummitt, Atty. Gen., and A. A.
F. Seawell, Asst. Atty. Gen., for the State.

STACY, Chief Justice (after stating the
ease).

fi,2] Only the inculpatory evidence has
bees. stated, as the principal exception relied
upc: by the defendant is the refusal of the
court to sustain his demurrer to the evidence
or to dismiss the action as in case of nonsuit
under C. S. § 4648. State v. Fulcher, 184 N.
QO. 668, 113 S. E. 769; State v. Cohoon, 206
N. C. 388, 174 S. E. 91. With respect to the
de“<ndant’s alibi, it is sufficient to say he
wes given the full benefit of all exculpatory
maiters before a jury of the vicinage. State
v. Steen, 185 N. C. 768, 117 S. EB. 793. The
ey.cence was such as to require its submis-
sion to the twelve. State v. Beal, 199 N. C.
27°. 154 S. E. 604; State v. Lawrence, 196
N. ©, 562, 146 S. E. 395; State v. McLeod, 198
N. ©. 649, 152 S. B. 895.

Gounsel for the defendant assailed the
state’s case with force and vigor, pointing out
the apparent contradictions in the testimony
and the equivocation of some of the witness-
es‘ but these were matters bearing upon the
we -ht of the evidence or its credibility, and
nc’ upon its competency. The jurors alone
a: che triers of the facts. State v. Beal,
sv. a. In passing upon the sufficiency of
th- evidence, raised by demurrer or motion
tc ionsuit, the court is required merely to
as°«rtain whether there is any competent ey-
id> ce to sustain the allegations of the in-
di-cment. State v. Marion, 200 N. C. 715,
1:8 §. E. 406; State v. Carlson, 171 N. C.
8 ~ 89 S. E. 30; State v. Rountree, 181 N. C.
Sues: 106 S. E. 669.

~}] Nor was there error in limiting the ju-
ry: .o one of two verdicts—murder in the
fi: . degree or not guilty. State v. Spivey,
15" N. ©. 676, 65 S. E. 995; State v. Ferrell,
2c) N. C. 640, 172 S. BE. 186; State v. Myers,
262 N. ©. 351, 162 S. E. 764; State v. Ster-
licxs, 200 N. CG. 18, 156 S. BE. 96; State v.
Jccxsson, 190 N. O. 321, 154 8. E. 402. It is
provided by C. S. § 4200 that a murder which
sk. l be perpetrated by means, inter alia, of

¥E-CT“87

‘equtum ‘sniny *qTITAyILIe

=

r= F

—

SOL OF

(oukey) BUTTOTeD UZION Pe _NoOZZ0eTS


916 N.G.

Plaintiff Elijah:Davis and:-Frank Eatman,
the driver and'-passenger, respectively, in
the Davis car, were the: only witnesses.
Their testimony tends to show these facts:
The collision occurred about 2 o’clock in
the afternoon. The Davis car had been
traveling west on Angier Avenue for some
200-250 yards. It was traveling at a speed
of 15-20 miles per hour when overtaken
and struck from the rear by the Lawrence
car which: smashed it “all the way across
the trunk.” Angier Avenue was a two-way
street, straight and level. No other cars
were in sight. The collision occurred in a
thirty-five mile speed zone.

Plaintiffs’ ‘said witnesses testified fur-
ther, without objection, that immediately
after the collision. Louis Lawrence asked
them “not to call the law,” that “he was
guilty,” that “he was in the wrong,” and
that he “would have Davis’ car fixed.”

Plaintiffs proffered, but the court exclud-
ed, further testimony of Eatman to the
effect that the brakes on the Lawrence car,
when tested after the collision, were defec-
tive.

At the conclusion of plaintiffs’ said evi-
dence, the court allowed defendants’ mo-
tions and entered judgment of involuntary
nonsuit as to both defendants. Plaintiffs
excepted and appealed, assigning errors.

Edwards, Sanders & Everett, Durham,

for plaintiffs, appellants.

Blackwell M. Brogden, Ee for de-
fendants, appellees. '

BOBBITT, Justice.

{1,2] As far as the record discloses,
plaintiffs’ witnesses did not see the Law-
rence car before the collision. Evidence ad-
duced to establish plaintiffs’ allegations of
negligence is circumstantial. Etheridge v.
Etheridge, 222 N.C. 616, 24 S.E.2d 477.
The sufficiency of such circumstantial evi-
dence, if standing alone, need not be de-
cided; for this testimony is to be consid-
ered in the light of Louis Lawrence’s ad-
missions at the scene when the cause of the
collision was under discussion. Gibson v.
Whitton, 239 N.C. 11, 79 S.E.2d 196, and

87 SOUTH EASTERN REPORTER, 2d SERIES

cases cited. When so considered, the evi-
dence, apart from the excluded testimony as
to defective brakes,.was sufficient in our
opinion to warrant submission thereof to the
jury on the issue as to the alleged negli-
gence of Louis Lawrence.

[3,4] Plaintiffs, in paragraph 5 of the
complaint, quoted above, allege facts suff-
cient to make the defendant-owner liable
for the conduct of the defendant-operator
under the doctrine of respondeat superior.
Parker v. Underwood, 239 N.C. 308, 79
S.E.2d 765. The admission that defendant
Leonard Lawrence was the registered own-
er of the Plymouth car was sufficient to
require submission of the issue of agency
to the jury. G.S. § 20-71.1; Hartley v.

Smith, 239 N.C. 170, 79 °S.E.2d 767;
Jyachosky v. Wensil, 240 N.C. 217, 81
S.E.2d 644. If defendants offer evidence

contradicting the allegations as to agency,
such evidence may warrant a peremptory
instruction based thereon but not a, judg-
ment of nonsuit.. .Spencer v. McDowell
Motor Co., 236 N.C. 239, 72 S.E.2d 598;
Travis v. Duckworth, 237: N.C. 471, 75
S.E.2d 309; Jyachosky v. Wensil, supra.

For the reasons stated, the judgment of
nonsuit, as to both defendants, is reversed.

Reversed.

ee ae or

; » 91} 242 N.C. 400
STATE i ’
v.
Richard SCALES,
No. 650.

Supreme Court of North Carolina.
June 30, 1955.

Prosecution for murder in the first de-
gree. From adverse judgment of the Supe
rior Court, Guilford County, Susie Sharp,
Special Judge, the defendant appealed. The
Supreme Court, Denny, J., held that the evi-

arene catermeneeey

poTage pe STATE v, SCALES: +3 wruen 12 N.C. 917
Cite as 87 S8.E.2d 916

dence that the: murder was committed in the
perpetration or attempt:to perpetrate rape
was sufficient to support an instruction to
return .a verdict of guilty of martes! in the
first degree. :) * sb “iS i food

No error.“

{. Criminal Law @=126(1)

Motion for change of venue or for a

special venire from another county, upon’

ground that minds of residents in county in
which crime was committed have been’ in-
fluenced against defendant, is addressed to
sotind discretion of trial court. ©

2. Homicide €=>142(8), 289

In prosecution for murder in first de-

gree under indictment drawn in manner and’

form prescribed by statute, evidence that de-
fendant committed homicide in perpetration
of, or attempt to perpetrate rape or other
felony, was admissible and it was sufficient
to sustain a charge based upon evidence rel-.
ative to murder committed in perpetration

of rape, attempt to commit rape or.other
felony. G.S. § 15-144.

3. Criminal Law €=1167(1)

In prosecution for murder in the first
degree wherein defendant’s statement - to
officers as to how, when and under what cir-
cumstances he killed deceased were in ac-
cord with theory of trial, defendant was not
prejudiced by denial of motion for bill of.
particulars. G.S. §§ 15-143, 15-144. |

4. Indictment and Information €>121(1)

Defendant’s motion for a bill of partic-
ulars is addressed to discretion of trial
court. G.S. § 15-143,

5. Homicide €=179

In prosecution for murder in first de-
gree, testimony to effect that defendant was
a man of low mentality was properly re-
fused when defendant did not plead insanity
or mental irresponsibility and he offered no
evidence to effect that he did not know dif-,
ference between right and wrong at time he
committed alleged crime. G.S. § 15-144.

6. Criminal Law, €=48 oR
Ability to distinguish bidevroen, viii me
wrong at time of commission of alleged

crime is a test of responsibility of person
charged with a criminal offense.’ °

7. Homicide 3083)

In prosecution for murder in the first

' degree, evidence that murder was commit-

ted in perpetration or attempt to perpetrate
rape was sufficient to support an instruction
to return a verdict’of guilty of murder in
the first degree. G.S. §§ 14-17, 15-144.

; Criminal prosecution tried upon a bill of
indictment charging that the . defendant
Richard Scales feloniously, willfully and
with malice aforethought did kill and mur-
der Mrs. Bertha M, Cook. :To this indict-
ment the defendant entered a plea of not

guilty.

The evidence on behalf of the State tends
to show that shortly after 1:00 o’clock on
the afternoon of 19th January, 1955, on
which date the ground was covered by a
heavy snow, the defendant, an employee of

* the Richardson Motor Company of Greens-

boro, was sent with a truck to pull a’stalled
car out of a ditch near the entrance to the
Jefferson Club on New Garden Road in
Guilford County. A passing motorist had
assisted the stalled motorist in getting his
car out of the ditch. According to the evi-
dence, the defendant did not return to the
garage until between 2:00 and 3:00 o’clock
in the afternoon at which time he reported
that he couldn’t find the person who _
called the garage for help,‘

The defendant was seen by witnesses
driving the truck belonging to the Richard-
son Motor Company between 1:00 and 2:00
o’clock that afternoon in the vicinity of the
home of the deceased which is located on
New Garden Road. A truck identified as
one belonging to the Richardson Motor
Company was seen by one of the State’s
witnesses between 1:45 and 2:00 o’clock that

afternoon parked in front of the home of_

the deceased.

SS-ST-2 (DLOLETND) SsuTTorepg uysoN svB ‘yoetq ‘pxeyoty ‘eTTVOS


é 920 N,.C.

»- Atty. Gen, Harry McMullan and Asst. ;
Atty. Gen. T. W. Bruton, for the State.

C. Clifford’ Frazier, Jr., and Stedman
‘Hines, Greensboro, for defendant.

DENNY, Justice.

The defendant’s second assignment of er-
ror is based on the denial of his motion for
a change of venue or for a special venire
from outside Guilford County, He contends
that the publicity this alleged crime had re-
ceived in the newspapers, over the radio and
television stations in Greensboro and High
Point, had prejudiced the minds of the
people of Guilford County against him to
such an extent that his motion should have
been allowed.

[1] A motion for a change of venue or
for a special venire from another county,
upon the ground that the minds of the resi-
dents in the county in which the crime was
committed had been influenced against the
defendant, is addressed to the sound dis-
cretion of the trial court. State v. Godwin,
216 N.C. 49, 3 S.E.2d 347; State v. Lea, 203
N.C. 13, 164 S.E. 737;' State v. Shipman,
202 N.C. 518, 163 S.E. 657; State v. Wise-
man, 178 N.C. 784, 101 S.E. 629; State v.
Plyler, 153 N.C. 630, 69 S.E. 269. There-
fore, this assignment of error is overruled.

. The defendant assigns as error the refusal
of the court below to grant his motion for a
bill of particulars. tail

[2] The defendant was charged with
‘murder in the first degree in the manner and
form prescribed by G.S. § 15-144. Under
such an indictment the State is entitled to
introduce evidence that the defendant com-

“mitted the homicide in the perpetration of, .

or attempt to perpetrate rape or other fel-
ony, and it is sufficient to sustain a charge
based upon evidence relative to murder com-
mitted in the perpetration of rape, attempt
to:commit rape or other felony. State v.
Grayson, 239 N.C. 453, 80 S.E.2d 387;
State v. Mays, 225 N.C. 486, 35 S.E.2d 494;
State v. Fogleman, 204 N.C. 401, 168 S.E.
536, Peegar tes ef

87 SOUTH EASTERN REPORTER, 2d SERIES

It is provided in G.S.-§ 15-143, “In all
indictments when further.information not
required to be set out therein is desirable for
the better defense of the accused, the court,

‘upon motion, may in its discretion, require

the solicitor to furnish a bill of particulars
of such matters,”

[3,4]. In our opinion the defendant has
in no way been prejudiced by the denial of
his motion since his statements to the offi-
‘cers as to how, when, and under what cir-
cumstances he killed the deceased were in
accord with the theory of the trial in the
court below. There was no variance be-
tween the allegata and the probata. State v.
Grayson, supra. Moreover, the statute
which provides that a motion for a bill of
particulars may be granted leaves it in the
discretion of the trial court as to whether or
not such motion should be granted. State
v. Wadford, 194 N.C.. 336, 139 S.E. 608.
The ruling. of the court below will be :sus-
tained... .« f.

[5,6] Assignments of error Nos. 17
through 23A are directed to the refusal of
the trial court to permit an expert psychia-
trist and witness for the defendant to testi-
fy to the effect that the defendant was a
man of low mentality. Low mentality does
not mean that a man is insane or unable to
distinguish between right and wrong. Fur-
thermore, the defendant did not plead in-
sanity or mental irresponsibility. Neither
did he offer any evidence to the effect that
he did not know the difference between right
and wrong at the time he committed the al-
‘leged crime, which is the test of fesponsi-
bility of a person charged with a criminal
offense. State v. Shackleford, 232 N.C.
299, 59 S.E.2d 825. ° "

In State v. Jenkins, 208 N.C. 740, 182 S.E.
324, 325, Stacy,:C.-J., in considering a simi-
lar assignment of error, said: “The only
_testimony offered by the defendant to sup-
port his plea of insanity was that of several
witnesses who would have testified, if per-
mitted to do so, that the defendant was 4
man:of low mentality, The exclusion of
this evidence is the principal question pre-
sented by the appeal. There was no error

AITB2 be BROWN v; DOBY.246 ttuas, 79 N.C. 921
Cite as 87 S.H.2d 921

in its exclusion. State v. Vernon, 208
N.C. 340, 180 S.E. 590. ‘Low mentality is
not the test of insanity. State v. Spivey,
132 N.C. 989, 43 S.E. 475. He who knows
the right and still the wrong pursues is
amenable to the criminal law. State v.
Potts, 100 N.C. 457, 6 S.E. 657. We are
aware of the criticism of this standard by
some psychiatrists and others. Neverthe-
less, the critics have offered nothing bet-
ter”? These’ assignments of error are

overruled.

Assignment of error No. 25 is based on
the defendant’s exception to the failure
of the court to charge the jury as to mur-
der in the second degree and manslaughter.

[7] The defendant contends that it is
only where all the evidence tends to show
that the homicide was committed in. the
perpetration or attempted perpetration of
a felony that the court may instruct the
jury to return a verdict of guilty of murder
in the first degree, or. not guilty, citing
State v. Perry, 209 N.C. 604, 184 S.E. 545,
in which case there was no evidence what-
ever to support the view that the homicide
was committed in the perpetration or at-
tempt to perpetrate a felony as described
in G.S. § 14-17. ;

- <The defendant likewise contends there is
no evidence in this case to support the view
that the murder was committed in the perpe-
tration or attempt to perpetrate rape. He
admitted an intent to have -sexual rela-
tions with the deceased, and that he said
something to her about sex, but contends
there is no evidence whatever to show
that he intended to gratify his passion upon
the deceased at all events, no matter what
resistance she might offer, or that he at-
tempted to do so. We do not so interpret
the record. When he said something about
sex to the deceased, she became frightened
and ran into the kitchen of her home. He
did not desist, but followed her. Why did
he follow her? His admitted purpose was
to have sexual relations with her, and the
manner in which her underclothing was
torn and rolled up above her thighs and her
body left nude below the waist, tends to
show an attempt to rape the deceased and
8&7 S.E.2d—5845

such ‘evidence was:sufficient to support the
charge as given. The fact that this wife
and mother put up sucha terrific struggle
and sacrificed her life rather than yield her
body to the embrace. of her assailant,: and
thereby prevented him from accomplishing
his purpose, is not susceptible of the con-
struction the defendant would have us put
upon it when considered in light of all the
evidence adduced in the trial below.

We have carefully examined the remain-
ing exceptions and assignments of error
and in our opinion’ they present no prejudi-
cial error, > 8 tis

The. defendant has been represented by
able counsel who have presented their cause
with commendable.zeal. But the jury ac-
cepted the State’s theory of the case and the
evidence supports: the verdict... The. trial
was in all respects fairly conducted by a
competent and’ experienced judge, and in
our opinion there is no legal ground to com-
plain of the result.

No errorsé21iisy %
242 N.C. 462

R. L. BROWN, Jr., John B. Morris, Jr, Je
Heath Morrow, Frank N. Patterson, Jr.,
Charles W. Pickler, and H. Wells Rogers,
Trustees of the Albemarle City Administra-
tlve Unit, and Claude Grigg, Superintend-
ent of Public Instruction of the Albemarle
City Administrative Unit,

v.
Eliza Jane DOBY and J. Lilllan Doby.
"No. 597.

Supreme Court of North Carolina.
June 30, 1955.

Special proceeding under G.S. § 115-85
to condemn land for a school site. The Su-
perior Court, Stanly County, Allen H.
Gwyn, J., entered an order affirming Clerk’s

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918 N.C.

As a result of telephone conversations,
neighbors went to the home of the deceased
and, upon being admitted to the house by
the five-year-old daughter of the deceased,
Barbara Cook, they found another daugh-
ter, Betty, lying dead in a pool of blood in
the hallway of the home. In the kitchen,
witnesses found the lifeless body of Mrs.
Cook. She was stretched out on her back
across the floor. Her clothes were disar-
ranged and the lower part of her body was
exposed, from her waist down. Mrs. J. D.
Jenkins, who was the first person to arrive
at the Cook home, testified that shortly be-
fore the officers or anyone else came in she
pulled Mrs. Cook’s skirt down’ from her
waist. Mrs. Cook was lying in a pool of
blood and to one side there were tracks of
blood which looked like a man’s shoe print.
There was blood spattered all over the kit-
chen. A complete post-mortem was made
by Dr. W. W. Harvey, Coroner of Guilford
County, after the body was moved to a fu-
neral home. Dr. Harvey, however, exam-
ined the body of Mrs. Cook to some extent
before it was moved from her home. He
testified that when he examined the body of
Mrs. Cook at the home “* * * She was
lying on her back; her head was tilted a
little on a piece of furniture. One leg was
straight, the other was semi-flexed. Her
dress and slip were about half way between
her knees and her thigh. We saw evidence
of numerous stab wounds, which weren’t
examined in detail at the home. * * *
The pants were torn apart at the time I saw
the body of Mrs. Cook.at her home. The
leg of the pants was torn apart and her un-
derclothing was rolled up just above the
thighs. Her underclothing did not cover
any of her private parts. The crotch of her

underclothing was torn completely in two,
* eR”

The post-mortem showed no less than
twelve or fifteen serious cuts and stab
wounds on the body of the deceased, and
Dr. Harvey testified that in his opinion the
deceased came to her death as a result of
the numerous stab wounds about her body.

The defendant was arrested on 20th Jan-
uary, 1955 upon a warrant charging him
with murder. That same day, after being

87 SOUTH EASTERN REPORTER, 2d SERIES

warned as to his rights with respect to any
statement he might make, G. T. Jones, a
deputy sheriff of Guilford County, said to
him, “We have you for the murder of Mrs.
Cook and her daughter.” The defendant
said, “I killed Mrs. Cook, but I didn’t kill
her daughter.” He was then asked who
killed the daughter and he said, “Lawrence
Gaston.” He then proceeded to tell about
being sent out on New Garden Road to pull
a man out who was stuck in a ditch. That
he picked up Lawrence Gaston on Lawndale
Drive Extension and said that Gaston talk-
ed of being in desperate need of money,
something about being $40 behind in his
rent; that he went out on New Garden
Road and the car he had been sent to pull
out of the ditch had gone; that they turned
around and came back and stopped in front
of the Cook home, and gained admission to
the house on the pretense of using the tele-
phone; that he went in and told the lady he
wanted to call his office. That she informed
him it was a party line; that she checked
the ’phone to see if it was clear, and it was
clear and that he dialed his number in town
and when the man answered, he did not an-
swer him; that Mrs. Cook got frightened
and started out the door; that Lawrence
Gaston got between her and the door and
then Mrs. Cook and Gaston began to scuffle
on back to the kitchen and Mrs. Cook picked
up a butcher knife. That he (Scales) “took
the butcher knife away from her and began
stabbing her and stabbed her until he killed
her.” That the little girl came into the kit-
chen screaming, and Gaston said, “she
knows too much, we’ll have to kill her, too.”
He said that Gaston killed the little girl and
then they left the house. He then said they
brought the butcher knife with them to the
truck and drove up the New Garden Road,
coming to Highway 220, and there was a
Scotty dog sign on the right-hand side of
the road and they threw the knife out at the
sign and returned to Greensboro.

After the defendant Scales made the
above statements, he and Gaston were car-
ried to Winston-Salem and put in the
Forsyth County jail, around 4:00 o’clock on
the afternoon of the 20th of January, 1955
The next morning, the same officer, in com-

oncom

STATE v. SCALES SfUOL 78
Cite as 87 S.E.2d 916

pany with Lt. Burch, Officer Cowan, and
SBI Agent Allen, went to see Scales. Dep-
uty sheriff Jones informed him that they
had checked on Gaston’s whereabouts the
day before and that he had no part in it,
and that they were going to release him;
that they wanted to know if he had anything
to say about it. He said, “Yes. He didn’t
have anything to do with it. I involved him
in it because I thought he turned me in to
the police.” Gaston was released that’ day.
This officer said, “In talking to Scales, I
told him that we had checked the house, we
found no motive for robbery and that we
didn’t think it was robbery, and I asked him,
I said, ‘Did you intend to have sexual rela-
tions with Mrs. Cook?’ He said, ‘Yes. I
told Scales then, I says, ‘Scales, how about
just starting at the first and tell us the truth
all the way through this thing?’ He said,
‘Well, I’m going to tell you the truth about
it just like it happened.’” He then proceed-
ed to tell about being sent out on the New
Garden Road by the garage to a car stuck
out there in the ditch, and not finding the
car he went to the home of Mrs. Cook to
call the garage. He again said Mrs. Cook
gave him permission to use the ’phone, and
she checked to see if the line was clear;
that he got the garage but when the ’phone
was answered he hung up; that he noticed
there were “no menfolks in the house, no
one but Mrs. Cook and the small children,
and he began to talk to Mrs. Cook, and
then he said at that time he mentioned
something about sex and Mrs. Cook got
excited and afraid and ran into the kitchen,
and he ran into the kitchen after her, she
grabbed the knife and began to scream;
that he took the knifé away from her and
at that point he began stabbing Mrs. Cook
until she fell on the floor. He said when
she fell on the floor that he fell down be-

side Mrs. Cook, and he said that he had one :

leg in between Mrs. Cook’s legs and the
other one was on the outside of her legs in
a kneeling position, and he continued to
stab Mrs. Cook until she didn’t holler any
more, and he said at that point this child
came running into the kitchen, screaming,
scratching and hitting him on the back, and

he said he swung a back-handed lick with ~'

the knife and only hit the child in the chest

N.0. 919

with the knife one time, and then he said he
got up and took’ the knife with him and
left.” He again stated that he threw the
butcher knife out at the Scotty dog sign, and
then he left and “went back to the garage
and he drove back to the wash pit, and there
he washed his hands, washed the blood
off his hands and cleaned up, and he said
he cleaned his clothes with some cleaning
stuff that they use to wash motors with.
He said that was what he cleaned his
clothes with.” The officers spent several
hours raking in the snow in an effort to
find the butcher knife at the place where
the defendant said he threw it, but they
failed to find it. The next day, in com-
pany with these same officers, the defend-
ant directed them to Haywood Street. He
pointed out a place right back of his house
where he said he threw the butcher knife,
and it was located later in a hedge behind
his house within a few feet of where he
said he put it. This butcher knife was
identified by the husband of Mrs. Cook as
being one he had purchased in Tennessee
about a year before.

According to the record, the defendant
is six feet three inches tall and weighs ap-
proximately 200 pounds. The victim was
31 years of age and weighed 115 pounds.

The defendant’s evidence tends to show
that he came to work between 8:30 and
9:00 o’clock the morning of 19th January,
1955; that he was seen taking one drink
during the morning; that he worked hard
putting chains on cars and made several
trips that morning for the garage, driving
the same pick-up truck that he later drove
out on New Garden Road; that he appear-
ed normal during the morning and after he
returned to the garage in the afternoon.
He had worked for the Richardson, Motor
Company off and on for a couple of years,
the last time for about six months. The
defendant did not testify in his own be-
half.

Verdict: Guilty of murder in the first
degree as charged in the bill of indictment.

, Judgment: Death by inhaling lethal gas.

Defendant appeals, assigning error.

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Deputy Ballinger: He super-
vised a heavy snowy canvass

employed and they said Cook had left
for home in routine,” Taylor said.

Doctor Harvey arrived and made a
brief examination.

“Been dead about an hour,” he an-
nounced. “The woman has thirty or
forty stab wounds in her body, and
marks of fingernails on her legs. The
child was stabbed only once, through
the heart.” ‘

Walters asked tensely: “Was Mrs.
Cook otherwise assaulted?”

“I doubt it, but there's every indica-
tion that an attempt was made. Pre-
sumably something frightened off the
killer before he could accomplish that
part of his purpose.”

Recalling that Barbara Jean had
screamed into the telephone, ‘‘Some-
body's killing my Mommy,” the Sheriff
reflected that this was what might
have scared off the killer.

“I'll do an autopsy,’ Doctor Harvey
promised, “but I'm quite sure it will
add nothing to what we already know.”

When the ambulance came and at-
tendants lifted the body of Betty Ma-
rie, a small piece of crayon fell from
her clenched hand. As clearly as if he
were seeing it on a screen, a picture
flashed across the Sheriff's mind: The
little girl, busily drawing colored crayon
pictures, hearing her mother calling for
help, had run into the kitchen to aid
her. And cruelly she was stabbed to
death with one swing of a- sharp
weapon. ,

Despite himself the Sheriff felt the
blood mounting to his head.

Jones and Ballinger, meanwhile, had
completed a search but found nothing
to indicate the killer had been in any
part of the house other than the kitch-
en. On a dresser in the bedroom were
two letters, one unfinished. The other
was written in a childish scrawl, with
colored crayon similar to the crayon
clutched in Betty Marie's hand.

This letter read: “Dear Grandma
and Grandaddy. How are you. I have
a cold and cough but the others are
fine. My mother is giving me a birth-
day party Saturday. Love, Betty.”

Thurman Jones, reading over the
Sheriff's shoulder, swore softly.

THOUGH the furniture and fixings in
the kitchen showed no evidence of
a struggle, the blood over a wide area
of the floor, on two walls and one cor-
ner of the ceiling, was mute testimony
that Bertha Cook had fought her as-.
sailant furiously.
“And.” commented Jones grimly,
“there'll be blood on that guy’s clothes.”

16 ;

Woodrow Cook: Many

i shared his intense grief

As they finished their survey of the
room a commotion in the front yard
drew their attention. It was Woodrow
Cook, coming home to what was left
of his little family.

Neighbors and fellow workers had
broken the news to him and by the time
the officers had finished an unsuccess-
ful search in the snow for what they
believed was a long-bladed kitchen
knife, Cook had regained sufficient
composure to answer the few questions
Walters wished to ask him.

“Do you know anyone named Wil-
kins, or something similar?”

Cook shook his head. “I can't recall.”

“Is there anyone by that name in this
community?”

“I don't know.. Anyway, it wouldn't
matter. Bertha would never let any-
one in the house when I was away, un-
less it was someone she knew and

-trusted.”*

“Then you believe this was done by
someone she believed to be a trusted
friend?”

“I'm sure of it.. You noticed how
isolated we are. Well, I go to work
around four o'clock in the morning.
She locks up .after I leave and keeps
the doors locked most of the time, espe-
cially if there are strangers about.”

“But,” Jones commented, “two of the
children were out playing in the snow
and came into the house when their
mother screamed.”

“That's just what I meant.- 'The per-
son in there with her was someone she
knew and trusted so completely that
she let the children go out, the door
unlocked.”

“You're sure you don't know anyone

named Wilkins, or something that

sounds like that?"

Cook shrugged wearily. “No, I don't.
Right now I can't seem to think
straight, anyway.”

The officers didn't question him fur-
ther. They'd have to wait until he be-
came more composed.

Before leaving the place the Sheriff
had one bit of unfinished business he

-wanted to straighten out. He called

G. J. Jones aside.

“You called me from your office in
Greensboro?”

“That's right.”

“Then how did you happen to be
waiting here?”

“I figured, as I suppose you did also,
the child's cry for help came from
somebody on Haywood Taylor's party
line. I drove out as quickly as possible,
After all, my office is a good mile and a
half nearer here than yours.”

As they drove back to town, Walters
wished fervently that the other puzzles
could be answered as easily as Jones’.

News of the double killing stirred the
citizens and officers of Guilford Coun-
ty as few crimes ever had. Walters
found his office filled with deputies and
off-duty policemen from Greensboro,
all eager to lend a hand. Chief Wil-
liamson called to offer all facilities of
his office, including men that could be
spared from their regular work,

W 4LTERS told them his immediate

plan, pointing out that in weather
like this traffic on New Garden Road.
as well as any other country road,
would be very light.

“People living out in the country
nearly always watch cars passing in the
snow. Maybe they want to see if a car
can get through, or perhaps they just
like to watch one bucking the snow.
Anyway, it’s a safe gamble that some-
one, somewhere, saw every car that
passed along New Garden Road today.
We want to locate every car and driver
who were on that road between noon
and two-thirty.”

Eight deputies, headed by Chief In-
vestigator Jones, left to cover that as-
signment. The remainder were to check
on every family bearing the name-Wil-
kins, Wicker, or something similar.

“Of course, the call to Osmint may
not have come from the Cook home,
We haven't been able to trace it. But
the fact that the Cook child, Barbara
Jean, heard her mother scream for help
at almost the exact time Osmint said
he heard it over the phone, would indi-
cate that it did.”

Just to be certain, Walters called
Osmint and asked him to come down.
When he arrived the Sheriff questioned
him about the time he received the odd
message.

Osmint was certain it was exactly
1:30. He'd been waiting for a call, he
told the Sheriff, and instinctively
glanced at the clock as he lifted the
receiver.

“Naturally I've been doing a lot of
thinking about that call, Sheriff, but I
can't figure out why the woman picked
out my telephone. I never heard of
the Cook family until today.”

Walters had ideas along that line but
for the present he was keeping them
to himself.

Osmint went on: “It occurred to me
that maybe some fellow named ‘Wil-
kins, or something like it, has a tele-
phone number almost the same as
mine.”

Criminal Investigator Thurman

Jones: His leads paid off

That gave the Sheriff an
Thanking Osmint, .he picked up
telephone book, turned to the W's g
started checking.

He was still going over the list whe
Jones called in:

“We've got a lead. Man named Bil
Grantham lives not too far from t
Cooks, Said he and his wife were 1
turning home about half-past one a
noticed a dark blue pick-up truck if
the driveway of .Cook’s home. Accoré
ing to Grantham and, his wife, it)»:
the lettering ‘Richardson Motor Co
on the side of the door. They Said;
man was sitting in it.” {

“Good! Follow it up!” ;

At the Richardson Motor Compa!
Jones talked with the owner, J,
Richardson, who in turn called in
manager,

Both men clearly recalled t
shortly before one o'clock someor
called in and said that his car we
stuck in a snowbank and asked Ric
ardson to send a tow truck.

“Didn't give his name,” the manag
Observed. “Just said he was out a@
New Garden Road and that his car h
slipped off a driveway and got stud
in deep snow in a ditch. I sent out
mechanic, Richard Scales, to help: b
Scales came back within an hour ai
said he couldn't find any such car.”

“Where is Scales now?”

Richardson called him. The
powerful man smiled easily when asked
about the New Garden Road coved

“Guess the guy got tired waiting
pulled out somehow,” Scales replied
“At least I couldn't find any car stu
out there.” ¢

S HE talked, the deputy was study
ing his clothes, his hands and fac
“Did you see any cars at all?”
“Sure did. While I was about hal
a mile from the Battleground I say
a car backing out of a driveway, kick
ing up snow to beat the band. It backd
out, turned and headed _towa
Greensboro, passing me like sixty.
figured since I couldn't find a stalld
or stuck car, that this must have beet
the guy who called, so I turned in t!
same driveway and came on back,”
Both Richardson and the manage
verified this. When Scales left, Jong
asked if he were wearing the sa
clothes he had been wearing all day.
“Of course. Say—you don’t sus
him, of all people?” 4
The deputy explained it was simp}
routine; that they were investiga
(Continued on Page 62)

SPM DOS rh al RE

Parsee ae


THE CURSE OF
"REMATURE

GREY HAIR

by W. ALBERT DUNKLE

ou needn't suffer the humiliation or be
considered “too old” because of premature
yness. Many men, and women too, in the
ne of life are mentally put on the shelf by
nds and business acquaintances just be-
se of a quirk of nature that causes their
r to turn grey. Millions of Z
lars and countless hours
scientific research have
n spent trying to unravel
mystery of why some
ple get grey many years
ore others.

‘BED * While the causes of grey hair remained
dden mystery, much of the misery and mental
lish that were a result of greyness was not.
liant men in the prime of life being passed over
n promotions were being made puely because
r grey hair made them appear “too old for the
“ The story of the bi Mapas salesman who be-
e so self-conscious about his grey hair that he
ted leaving ‘his hat on even when making calls.
young mother who “didn't want to take part in
\ activities” because she looked so much older
\ the other children's mothers. These and the
y other tragic dramas can't be measured, but
c effects were and are being felt in every com-
ity throughout the world.
<perts differ as to the many causes underlying
mess. Lack of specific vitamins, chemical
iges within the body, glandular deficiencies and
y other causes have been advanced. Every
ty had its group of supporters and no two
ps would agree.
few years ago a group of California financiers,
n Enterprises, looked for an answer to the
lem of premature greyness. Then began a long
ch for an answer. Time after time after time
| appeared to be a promising solution resulted
liscouraging failure. Human chemistry just
'd not respond uniformly. Prolonged experi-
lation proved that no ingredient or combina-
of ingredients could be expected to counteract
., the changes within the system
which caused hair to turn
grey. The discouraged group
was almost Sythe to call the
entire project off. Since noth-
ing could be done to change
the cause of greyness it was
decided to try to change the
discolored hair itself. It was
pre-determined that the new
product would not be another
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the more I'm sure that was Sally at my
window. I don't know why, though, un-
lous she was looking for Dwyley, She'd
catch rides, come in cabs, anything,
just to see him. However, I understand
her family tried to break it up and I
hadn't ‘seen her for a long time up to

Christmas,”
“Where is Williams

Cook asked,
now?”

“He took the Jeep into Charlottes-
ville to get some tarring compound.”

“Harry, where do you keep the kero-
sene?”

Matasik pointed to a near-by shed.
“Over there. We use it on the buzz saw
to keep it from binding green logs.”

“Has any been missing lately?”

“Yes, Sir. We had some in a blue
and white can. It’s gone. I don't know
where it went.”

THE Sheriff led the deputies across a

pasture and a winding clay road to
the home of Williams. In less than 30
minutes of persistent searching, the
mystery of the missing can was solved.
Still containing a small amount of the
inflammable fluid, it was found wedged
behind one of the brick foundation pil-
lars under the house.

“Now, let’s get back to Sally,” sug-
gested Cook softly.

Dusk had fallen, heavy with the
moist portent of snow, when they re-
turned to the city. Frazier and Mar-
shall immediately took off again, to
bring Sally in, and the others stalked
into the Sheriff's office, lighted cigarets
with nervous gestures, waited.

Then the click of high heels on the
cement walk, the mumble of voices.
Sally Wayne, the fur jacket drawn
tightly around her slim frame, strolled
in. Her questioning glance darted like
a flickering beam of light, first to one
tight-visaged deputy, then another.

“Sit down, Sally,” invited Cook.

She sat down, crossed her legs in a
dry rustle of silk.

The Sheriff leaned forward. “That
was a good story you told us, Sally. I
want to compliment you, because most
of it could be verified. But in one place
you made a mistake, a bad one.”

“What mistake?” The sky-blue eyes
flared wide, alert, questioning.

“You had a name spelled wrong. In-
stead of Paul Reeves, you had a date
with someone else that night, didn’t
you, Sally?”

A white hand stiffened visibly on the
arm of the chair. “Who?”

“Somebody's Killing My Mommy"

as fully as possible every car and driver
known to be on New Garden Road be-
tween noon and two o'clock.

Returning to report to Walters, the
deputy wondered at the strange action
of the man who had called for a tow
truck, only to disappear. Was the
“ditch” the driveway of the Cook
home? Had this been the car Scales
said he saw leaving in such a hurry?
And was the call merely for the pur-
pose of getting another car out on that
road so that it might cover, or destroy,
the tire marks the “stuck” car might
leave? f

Sheriff Walters listened with interest
to Jones’ account, and agreed that the
actions of the man who called in for
a tow truck and then disappeared,
were open to suspicion.

“SF WE can find someone else who
saw that car speeding on the snowy
road it certainly will help.”

“Somebody else saw him,” Jones
stated flatly. “Sheriff, there weren't
half a dozen cars on New Garden Road
during those two hours. We've got to
find that man and let him tell us what
he was doing, since he certainly had
no business in the Cook driveway.”

“Cook's?”

“I'm sure it was. Didn't you notice
how the snow was all churned up
there?”

LON See me om a —_

“Dwyley Williams!"
For several tense moments, varying
emotions, Ike shadows, Mashed across

the woman's  face—shock, _ terror,
shame. Then a hand clenched against
her lips. She began weeping.

Sheriff Cook announced later that
Sally then changed her story complete-
ly, placing the blame on Williams and
stating that she actually saw him strike
Moon. :

The Sheriff claimed this is what she
said:

“You know the beginning. Reeves
gave me a lift and let me out and Moon
picked me up. I had him drive me to
Dwyley’s house. All I wanted was to
talk to Dwyley about a date we had for
Sunday. But when he came out of the
house, after we tooted the horn, he saw
I was sure: Dwyly would try to follow
he was sweet on me and had his arm
around. my shoulders.”

Williams flew into a rage, the Sheriff
quoted her as saying, and rained blows
on the ex-soldier’s head. She slipped
out of the car and ran to Matasik’'s
house, to get help.

Her statement,
Sheriff, continued:

“Then I heard nothing, and every-
thing was quiet. I figured Moon got
away. I went back. And then I saw
what was happening—someone was
lying on the ground, and someone
else, like he was driving a nail, bringing
something down on his head, twice,
three times. I ran as fast as I could.
I was sure Dwyley would try to follow
me. That's why I hid in the quarry
for awhile.” ;

On the second day following the
slaying, the Sheriff claimed she said,

according to the

‘Williams had found her at the Main

Street address and threatened to kill
her if she named him. “If you keep
your mouth shut, nobody will know.
It looks like an accident now.”

OWEVER, under pressure. of

Official. attention. she had fab-
ricated the story about Reeves, desper-
ately hoping that he would be proved
innocent.

Placed under arrest and taken to the
Sheriff's office, Williams coolly denied
any part in the slaying. “I was asleep
the whole time; I don’t know what
happened,” he declared. “I never
killed anyone.”

“I talked quite a spell to Matasik and
the other hands,” Cook told him. “Any
number of times they had to awaken
you during the night when some

The Sheriff had not, but then he had
spent most of his time inside the house.

“Better keep your men on that job,”
he advised Jones. “This stranger in
the stuck car gets more important all
the time. I'll have Ballinger work on
the Guilford end. He knows everybody

out there.”

Walters himself had not been idle.
From a sizable list of names culled from
the telephone book he eliminated all
except two: Tim Wicker and Elwood
Wilkerson. q

Wicker, he learned, was a Guilford
County dairy farmer, and might be ac-
quainted with Cook and familiar with
Cook's habit of finishing work and re-
turning home at about 2:30.

Wilkerson, also a resident of the
county, was employed by the State
Highway Department, operating a road
scraper. New Garden Road was one of
those on the route his road scraper
covered regularly.
pry known Mrs. Cook, at least by
sight.

Taking advantage of Chief William-
son’s offer, the Sheriff sent detectives
to check on activities of Wicker and
Wilkerson at the time of the murder.

Their first step was to ascertain if
Woodrow Cook were acquainted with
either man; and possibly how well his
wife had known them. But Cook was
not to be found anywhere. Apparently

He certainly must.

emergency came up on the farm. They :

didn't have a bit of trouble awakening
you. Yet a man ts killed, burned up
in his car almost at your doorstep,
people come from miles around and
you sleep like a baby. You want me
to believe that, Williams?”

“Believe what you want,” he replied
calmly. “I don't know a thing about
the killing.” :

“Why did you hide the kerosene can
under your house?”

“Never did any such thing. Anybody
could have done that.”

From an adjoining room, Sally
Wayne was ushered in. Trembling but
composed, she repeated her story of the
killing, Sheriff Cook claimed.

Williams met this with a scornful
look of fury and contempt.

“Get her out of here! All of this talk
and soft-soap ain’t going to get me to
confess!” Williams cried. :

Downey Smith, the county prose-
cutor, after a lengthy interrogation of
the man, asked Cook and the deputies
to make a thorough search of the over-
seer’s home. A number of articles were
carted back to the courthouse, but
Officials declined to reveal what sig-
nificance they carried.

A short time later, on January 12,
Smith publicly announced: “The death
of William Franklin Moon has been
solved with the arrest of Dwyley Wil-
liams, Paul Reeves has been grievously
wronged by a woman’s fear and
by intimidation of that woman. I shall
move for a nol prosse in. the charges
filed against Reeves.”

3s next day Paul Reeves was re-
leased from prison and declared
completely blameless in the slaying.
He met official apologies with good
grace. “I guess it’s one of those things
that ‘happen when a woman gets
scared. But I’m glad the Sheriff got

that bee buzzing around in his bonnet.” .

On February 8, 1955, an Albemarle
County grand jury indicted Dwyley
Williams for the murder of the ex-
soldier.

As this issue of OFFICIAL DETEC-
TIVE STORIES goes to press, he is
being held pending trial. Results of
that trial will appear in a forthcoming
issue of this magazine in the depart-
ment entitled, ‘Up to the Minute”.

To. protect the identities of innocent
persons, the names of all Round Top
Farm employes and of Sally Wayne and
Paul Reeves are fictitious.

‘

(Continued from Page 16)

he was on his way to the home of a
relative.

Wicker was located at his farm and
indignantly denied that he had even
been near the Battleground Park all
day.

He produced witnesses to prove that’

after delivering his milk to the dairy he
had gone to Greensboro to have some
work done on his truck, and it was
two o'clock before the’ job was finished.

| At= that evening detectives returned
to report that Elwood Wilkerson
seemingly had disappeared. Since his
wife had left him he had been living in
a boarding-house in Greensboro.

“He had breakfast and left for work
at the usual time,” a detective reported,
“but no one there has seen him.

“He has a married sister living in
Winston-Salem, but she claims she
hasn't seen him for two months.”

Walters sent out a pickup on Wil-
kerson. The search was intensified
when it became known that Wilker-
son's wife and Bertha Cook once had
been good friends, but for unknown
reasons had drifted apart in recent
years.

-One by one deputies returned, weary
and half frozen, to report no success
in locating the mysterious motorist
who had called the Richardson Motor
Company and asked for a tow truck.


Taylor's companion was the same G. J.
Jones of the telephone conversation.
The Sheriff carefully studied the
house and surroundings, noting there
were no other homes or buildings for
several hundred yards,
“Who lives here?” he asked Taylor.
“Woodrow Cook, his wife and four
children. They have the only little
girls on my party line.”
“Either of you been in the house?”
“No, we just got here. Waited for
you.”
Walking through the deep snow in
single file, stepping in one another's

tracks, the officers stopped just outside -

the rear door, Studying the snow that
was tinted red.
“Somebody stopped here, scooped up
snow to wash something off his hands.”
That something, they ali realized,
was blood.

The young woman’s body lay on the
floor on her back, arms and legs out-
flung. Torn garments and remnants
of her underwear were scattered
around. Three feet away was the body
of a little girl of about six or seven
years of age.

Walters and his men, case-hardened
though they were, quickly turned their
eyes from the small, blood-covered
form. :

Immediately they began a search.

’

And their first find served only to spot-
light the brutality of this crime. Ina
corner of the bedroom, huddled to-
gether and weeping bitterly, were three
little children ranging in ages from
about five to one year,

‘While Ballinger went to notify Coro-
ner W. W. Harvey and to summon an
ambulance, and Taylor left to find sym-
pathetic neighbors to care for the chil-
dren, Walters gently questioned the
older of the children, who said she was
Barbara Jean Cook.

“Who killed your Mommy, Honey?”

“A big man,”

“What is his name?”

“I don’t know."

“Where did he go?”

“Got in a car and went away.”

BARBARA JEAN, an unusually intel-

ligent girl of five years of age, had
Seen only the last of the tragedy. She
and her brother had been outside mak-
ing a snow man and on hearing her
mother shouting someone's name, she
had come in just as the man was hurry-
ing out. So all she could tell the Sher-
iff was that he was a big man and that

_ he was driving a car.

When Taylor returned he positively
identified the victims as Mrs. Bertha
Cook, 31, and her oldest daughter, Bet-
ty Marie, seven.

“I called the dairy where Cook is

Betty Marie, tallest, above:
left, her lonely Christmas doll

‘The Cook home: Did more than one automobile
scatter snow the afternoon the tow truck came?


6

How Could Greensboro,
N; Ce Authorities Trace a
Double Killer Through a
Child's Telephone Call
On a Used Party Line?

By J. U. Newman, Junior

Special Investigator for
ACTUAL DETECTIVE STORIES

WOMAN'S voice, shrill with
excitement and fear, came over
the telephone:

“Mister Wilkins! Oh, Mister Wil-
Kins! ... Please... Stop!”

C. L. Osmint of Arlington Street,
in Greensboro, North Carolina, had
picked up his telephone at about 1:30
on the afternoon of January 19, this
year, because he expected a long-dis-
tance call. Instead, he heard the voice
of panic.

He heard no more. And he couldn't
understand. What was going on? Why
hac his number been called instead of
the Mr. Wilkins the woman first ad-
dressed? Her voice had sounded as if
she were a foot or more from the tele-
phone and getting farther away all the
time. The first word she uttered had
not been too clear; each succeeding
word was fainter. Osmint wished he
had heard the name more distinctly.
On reflection it sounded like Wilkins,
but it could have been Wilkes, Wilker-
son or Wicker.

Whatever it was, Osmint told him-
self, this was police business.

Failing to contact the Office of Chief
of Greensboro Police Jeter Williamson,
Osmint called Sheriff John Walters
and informed him of the strange tele-
phone call.

“What makes you think she was call-
ing this ‘Wilkins’?”

“Well, I don't know exactly. But I
got the idea that somebody was push-
ing or pulling her away from the phone
to keep her from talking.”

“That's a pretty good deduction,”
Walters admitted. “T'l] see what can
be done.”

Walters put a deputy on the tele-
phone to trace the call, on the chance
that it was a toll call. He was more
concerned than he had disclosed to Os-
mint. Too many cases of attempted
assault on women had been reported
lately, and from the meager details
this looked like another one.

His Chief Criminal Investigator,
Thurman Jones, and Deputy Sheriff E.
&. Ballinger were given the facts as
Jsmint had told him.

Midway through the Story his tele-
shone rang. Watching, his deputies
aw Walters’ face harden, the muscles
f his jaw tighten into grim lines—a
ure sign that trouble was ahead.

Walters hastily asked a few questions,
hen hung up and turned to his
eputies. “Come on, boys. And I hope
hose tire chains are on securely.”

4

He was referring to the several inches
of snow on the ground, the most in
the Carolinas in 22 years. The flakes
had stopped coming down only an hour
or so earlier and traffic was just begin-
ning to move.

Knowing the Sheriff, the two depu-
ties remained silent as he skillfully
tooled the official car across the city

Bertha Cook: Nobody could place
the Mr. Wilkins she had called

and headed out New Garden Road in The criminal investigator shook his
the general, direction of historic Guil- head, and Walters went on: “He told
ford Battleground Park.

At length the Sheriff broke the were talking over the telephone ‘a
silence. “That call was from a local  child’s voice interrupted them, scream-
businessman, G. J. Jones. No kin of ing that somebody was killing her
yours, is he, Thurman?” . Mommy.”

FFICIAL

/Nay, {955

Dé TECTIVE 5

The deputies waited as the Sherif
concentrated his attention on guidin
the car around a Stalled, snow-covere
car.

“This could tie in with Osmint'’s call
The calls, I estimate, came seven min
utes apart. Osmint didn’t hear th
click that would indicate the receive
had-been cradled. So the child—Jone
said she sounded like a three- or four.
year-old—possibly screamed into th
same receiver that her mother left of
the hook when she dialed Osmint.”

Ballinger asked: “Where are we
going now?”

“I don't know, exactly, but the call
that interrupted Jones and Haywood
came from out this way: from a house
on the same party line Haywood is on.

“How do you figure that?” i

“Jones said he was on a private line
and that Haywood was talking from
his home near the Battlegrounds. Yoy
can't break in on a private line, so it
had to be Haywood’s.”

A quarter of a mile or so from the
Battleground Park the officers saw two
cars parked before an attractive one.
story house and two men standing be.
side them, waving their arms. }

“That's Haywood Taylor,” Walters
said,

They stopped, joined the two who
apparently had been waiting for them
The Sheriff was surprised to learn

Fd

TORIES,

pres:


Slave SCIPIO, black, hanged Pasquotank Co., NC, February , 17)1/)2.

HISTORICAL PAPERS of
THE TRINITY COLLEGE
HISTORICAL SOCIETY

UIA SERIES a UT

‘The County Cour in
North Carolina
before 1750

Paul M. McCain

5 | ou = inc
083 a Pe:

DUKE UNIVERSITY PRESS
DURHAM, NORTH CAROLINA | 1954,


94 The County Court in N. C. before 1750

questioned Godbe about Christian, they bound her son to Godbe
until he became thirty-one.32

The church wardens obeyed the orders of the vestry so promptly
that Christian was sold before the term of her service to Godbe
expired. To obtain satisfaction for the loss of three months of
Christian’s service Godbe employed William Heritage to plead the
matter at the Carteret Court. Heritage was not successful. The
action continued on the docket until March, 1744/45, and Godbe’s
only recompense was that he was “quit of all fees.’’33

Upon Christian’s sale in 1743 her new master was Daniel Rees.
By paying the fees of ten pounds for Christian’s trial held in 1742,
Rees obtained from the Carteret Court a five-month extension of
her servitude.24 In December, 1745, Christian Finny appeared
at the Carteret Court and applied for her freedom. In taking the
petition under consideration, the justices began an inquiry. When
they found that she had had another mulatto child, they ordered
her to continue serving Rees for one more year.*®

Whereas the county court was interested in both the welfare
and conduct of servants, the court was primarily concerned only
with the behavior of slaves. The laws of 1715 and 1741 established
no means for a slave to obtain redress for the mistreatment or
neglect he received from his master. On the other hand, the jus-
tices of the county, sitting with three or four slaveowning free-
holders as a special court, had the authority to try all crimes. and
misdemeanors of slaves and to impose capital punishment.

The county court had cognizance of complaints of persons held
in slavery. unlawfully. Any person who had been a free person
at the time he was imported into the colony but was later kept
or sold as a slave could complain to any justice of the peace. The
justice was to summon the pretended owner to appear before him
for a hearing. The justice was expected to make a record of the
examination and to bind over both parties for their appearance at
the next county court.3* After such procedure, James and Peter
Black came before the Craven Court in June, 1745, and asked for
their freedom. They maintained that though they were free

*? Carteret C. M., Sept., 1743.

°8 Carteret C. M., Dec., 1743—March, 1744/45.

** Carteret C. M., June, 1744.

** Carteret C. M., Dec., 1745. I have found no further mention of Christian

in the court minutes or vestry book.
*°S. R., XXIII, 196 (1741, c. 24).

Regulation of Voluntary Servitude and Slavery 95

Negroes in Essex County, Virginia, James Hatch had brought them
into North Carolina and had sold them as slaves to Edwin Hand-
cock who now was holding them as such. In considering the com-
plaint, the justices heard the evidence and argument on both sides.
The court concluded that the NegTOSs were free persons and that
they were “at liberty from service” to anyone.3?

.The special courts authorized. by the acts of 1715 and 1741 ie
the trial of the offenses of slaves had no scheduled terms nor fixed
memberships. Under the earlier act the first justice of the com-
mission appointed the time and place for the trial. He also issued
a summons to three justices and three freeholders, all of whom had
to own slaves in the precinct, to hear the case. In determining
the matter they acted “according to their best Judgment & Dis-
cretion.” The act of 1741 modified this procedure. Any one of
the justices in the county had the authority to commit to the county
jail a slave accused of crime. As soon as the sheriff certified the
commitment to any justice, the latter was required to issue a sum-
mons for two or more other justices and four freeholders, qualified
as before, to meet with him at the courthouse for the trial.38

The purpose of this special court was to provide quick and
summary justice. In issuing a summons on January 10, 1731/32,
for the trial of a Negro named Dick who belonged to William
Reed, David Bailey specified that the justices and freeholders were
to meet at the Pasquotank Precinct courthouse the following morn-
ing.2® This speed was not unusual. Unless the slave ran away
after committing his crime, he was usually sentenced within less
than a week. At the trial the person making the ‘complaint prose-
cuted his charge. If no prosecutor appeared, the court discharged
the slave after proclamation had been made three times.?° For evi-
dence in the trial the court could take the confession of the slave,
the oath of one or more credible witnesses, or such testimony of
Negroes, mulattoes, or Indians, bond or free, as seemed convincing.
The slave’s owner or overseer could make any “‘just” defense he
could for the accused as long as it did not relate “to any Formality
in the Proceeding on the Tryal.’’ No jury was used. If the court

37 Craven C.M., June, 1745. For another example, see Craven C. M., Sept.,
1749.

88§. R., XXIII, 64 (1715, c. 46), 202 (1741, c. 24); warrant dated Jan.
10, 1731/32, Pasquotank Bonds, Miscellaneous Materials, 1720-1861.

8° Pasquotank Bonds, Miscellaneous Materials, 1720-1861.

*©Craven C. M., April 10, 1740. .

f
i

[

96 The County Court in N. C. before 1750

found the accused to be guilty, the court sentenced him to receive
whatever punishment it felt the crime required and awarded execu-
tion thereon.*1

A trial before a special court at the Pasquotank courthouse on
February 22, 1741/42, illustrates the procedure. Three justices
and four qualified freeholders were present and took the oath to
give a true verdict and sentence according to the evidence. Scipio
and Abraham, two Negro slaves belonging to Bartholemew Evans,
were on trial. The charge against Scipio was that “on the 18th
day of February Instant in the Night time at the Plantation of Mr.
William Turner in the County afsaid [Scipio] Did break open the
Storehouse of Mr. James Gregory—Merchant and there Feloni-
ously did take & Carry away the Goods and Property of the Said
James Gregory to the Value of Two Hundred pounds Current
Bills.” Although the record does not give the charges against
Abraham, he was likely an accessory. During the court’s examina-
tion Scipio confessed to the charge, and James Gregory declared
under oath that the goods held as evidence were his. The court
unanimously agreed to the verdict of “guilty.” The judgment was
“that Scipio shall suffer Death by being Hanged and that the Negro
Abraham shall suffer Corporal punishment by haveing one Ear
nailed to the Stocks & cut off and also shall have Fifty Nine Lashes
well Laid on his bare back.’”” Execution of this judgment was then
ordered. Because slave owners were entitled to receive suitable
allowances for slaves executed by the orders of a court, the justices
and freeholders were required to make a valuation. In this in-
stance, they adjudged Scipio to be worth two hundred pounds,
current money. ‘The court reported this figure to the Assembly
so that Evans could secure compensation for his loss.4?

In subsequent years special courts in Pasquotank County gave-

judgments of varying severity for the crimes of burglary and lar-
ceny. In June, 1743, a court tried two Negroes for taking “Sundry
European Goods to the value of Four hundred pounds” from the
storchouse of Alexander Jack. Upon their conviction, the court
sentenced each Negro to have his right ear cut off and to receive

‘15. R., XXII, 202-203 (1741, c. 24).

*? Pasquotank C. M., Feb. 22, 1741/42. By the act of 1715 the valuation
paid the owner was_to be raised by a poll tax on all the slaves in the govern-

ment. ‘This provision was replaced in 1741 by method of a direct payment
from public funds (S. R., XXII, 64 [1715, c. 46], 203 [1741, c. 24]).

(poeta

Regulation of Voluntary Servitude and Slavery 97

sixty lashes on his bare back.4* During the regular court session in
January, 1746/47, four freeholders took their place on the bench
to try two Negroes “for Breaking open the house of Elinor
Miller ... & stealing from thence a Quantity of Yarn to the Value
of One Shilling Sterling.” This crime brought the Negroes a
sentence of thirty lashes each.*4 In November, 1748, Benjamin
Baptist’s Negro named Ben received a sentence of fifty lashes for
drinking one dram of brandy belonging to John Pendleton.*

The judgments for. other crimes also varied. For assaulting
Elihu Anderson, his master, a Negro named Chance received one
hundred lashes and had one of his ears cropped.4* A special court
in Craven tried a mulatto slave called Jack for murdering his
master, Robert Pitts. ‘The sentence was that the slave should be
hanged until dead the next morning and that his head should then
be severed from his body and stuck upon a pole.47 For mismarking
a hog belonging to Thomas Pendleton, Esq., a Pasquotank Court
ordered that the slave be banished from the province within thirty
days. ‘The court required the owner, Mrs. Sarah Palin, to give
five hundred pounds, proclamation money, security for the banish-
ment.48

An act of 1741 assigned to the county court the authority to
free slaves by granting licenses to their masters when the court
deemed the act proper. Prior to 1741 masters were at liberty to
give slaves their freedom as a reward for their “honest & Faithful
service,” but these former slaves were required to leave North Caro-
lina within six months or to be sold by the county court to someone
for five years who would give security to transport them out. The
new law of 1741 established a procedure for freeing slaves who
could then remain within the province. The basis was for ‘“meri-
torious Services, to be adjudged and allowed of by the County
Court.”*® The failure of the court minutes to record such an in-
stance indicates that the practice was probably rare.

Although slaves were, in general, forbidden by law to be armed
with guns or other weapons or to hunt in woods, a master could
obtain from the county court a hunting license -for one slave on

** Pasquotank C. M., June 8, 1743. ** Pasquotank C, M., Jan., 1746/47.

*° Pasquotank C. M., Nov. 23, 1748. *° Pasquotank C. M., Aug. 23, 1745.

“7 Craven C. M., April 27, 1741. The slave’s value was adjudged to be £200,
current money.

*® Pasquotank C. M., July 12, 1746. :

°S. R., XXIII, 65 (1715, c. 46), 203-204 (1741, c. 24).


testa as teeta tessa

But they had not been entirely unre-
warded,

Starting abl Guilford College, near
the Park, they had covered every foot
of the road to Greensboro. They had
located motorists who had been on that
road at various times. They found
residents who had been shoveling snow
from walks and driveways, and they
found many youngsters who had been
playing in the snow. Altogether, their
work accounted for every minute of
the time between twelve noon and two
o'clock.

And while several of these people
had seen the truck from Richardson
Motor Company on the New Garden
Road, none could recall seeing a car
stuck in a ditch or bogged down in the
snow.

The call to Richardson, then, had
been a ruse. For what? Why get a
truck out on the icy, snow-covered
highway for no apparent reason?

Answer that, Walters told his men,
and they’d be a long way on the road
to a solution of this baffling case.

The Sheriff studied the list of names,
cars, time of day and locations that
Jones had written down. It was so
complete that Walters believed he
could spot any car at any given time
or place on New Garden Road between
noon and two o'clock.

But the more he studied, the clearer
became two obvious and important
omissions, Placing the list in his desk
drawer, he arose, intending to go across
the street for a cup of coffee. He’d call
Jones’ attention to the omissions when
the investigator returned.

Before he could get away his tele-
phone rang. The caller identified him-
self as Webb Ayscue, a High Point sales-
man.

“Ive just read the afternoon paper,
Sheriff, and I may have some informa-
tion that will interest you.”

“Okay, let’s hear it.”

Ayscue said that he stopped and
helped a man get his car out of the
ditch on New Garden Road at approxi-
mately one o'clock that afternoon, and
Jater had difficulty getting his own car
back onto the road. So it was about
1:15 when he ‘passed the Cook home
on his way to Greensboro.

“A blue pickup truck was parked in
the driveway, Sheriff. It had the name
of a motor company printed on the
left-hand door. I think it was Rich-
ardson, but I’m not sure.”

Walters thanked the salesman sin-
cerely. This information went a long
way toward answering several of the
questions that had been bothering
him.

ORGETTING his coffee, the Sheriff
~ drove to Richardson’s. He found it
closed, then went on to the man’s home,
where for an hour the two talked ear-
nestly. From there he drove out New
Garden Road to the home of Billy
Grantham.

Both Grantham and. his wife de-
clared they had made no mistake in
stating the time they had stopped at
their mail box en route to their home
not far from the Cooks’. Grantham had
left work at exactly one o'clock and he
couldn't possibly have traveled the dist-
ance over the snow-covered roads in
less than half an hour. Walters agreed,
since he himself had made the same
trip a few hours earlier.

Returning to his office, Walters
phoned Jones and asked him to hurry
down.

One look at the Sheriff’s face and
the deputy knew that something im-
portant was in the wind.

Walters waved to a chair, drew out
the list Jones so painstakingly had pre-
pared.

“Two things missing here,” the Sher-
iff observed, “and those two things
started me on a trail I believe will lead
somewhere. First, it doesn’t show
where the Richardson Motor truck ever
got any farther than the Cook drive-
way. Second, it refers to this truck
only twice; once between Greensboro
and the Cook home, again between the
Cook home and Greensboro. The
driver, Scales, said he drove all up and
down the road, even making two or
ln 4 ventures into several of the side
roads.

“We could have missed on that, of
course,”

“TE don't think you did."

Jones jerked erect. “You don’t mean
that Scales—”

Walters held up his hand, “Let's
start at the beginning, with Osmint’s
telephone ringing. Someone, we be-
eve Mrs. Cook, got his number by mis-
take. Now the simplest deduction
would be that the number she intended
to call was almost the same as Os-
mint’s.”

“That's logical. Who else has such
a number?”

“Richardson Motor Company, for
one. She called-a name that Osmint
thought was Wilkins, Wilkerson,
Wicker, or something similar. Since
she was too far from the telephone for
Osmint to hear clearly, the name could
possibly have beén Richardson.”

“Why would she be calling him?”

“Because she might have wanted to
report the driver of his truck. Richard-
son told me this evening that Mrs. Cook
formerly worked for him, ten years or
so ago. And seeing his truck parked in
the driveway may*have been what had
influenced her to admit the driver.”

6*MUT, good gosh, Sheriff, it couldn't

have been Scales! Five responsi-
ble ; said he was wearing the
same ojoihes when I talked with him
two hours after the killing, that he had
been wearing all day. And they were
as free of bloodstains as any clothes
in North Carolina.”

“True, but Richardson tells me they
have a certain fluid used to:clean mo-
tors, that will clean off blood as slick
as a whistle. It’s expensive, and on
checking it he discovered that quite a
little of it had been used that after-
noon.

“Another thing: Billy Grantham and
his wife declare the blue Richardson
truck was parked in Cook's driveway
at approximately , half-past one, the
time Doctor Harvey said the killings
were done. Your report, as well as one
from Ayscue, puts that truck in the
same driveway at quarter past one. So
it must have been there the entire fif-
teen minutes at least. Why?"

Jones shook his head, slowly. “It
adds up. I'll get Scales and we'll let
him tell about it this trip.”

The home of Richard Scales was
dark, the doors locked. Jones called
the office and asked that deputies be
sent out to clamp a round-the-clock
watch on the place.

Meanwhile, Elwood Wilkerson walked
into Headquarters jin Greensboro, told
the sergeant at the desk he heard they
were looking for him and explained
that he and two friends had started
to Raleigh in answer to a call for high-
“way workers from other sections to aid
“in cleaning snow off the highways in
the eastern part of the state. He
hadn't learned of the killings until he
read the paper that evening.

His two companions verified his story,
and a call to the Sheriff's office brought
about his quick release.

Meanwhile Walters. Jones and Ball-
inger worked throughout the night,
verifying everything that seemed doubt-
ful, checking and then rechecking. By
daylight Walters felt he could recon-
struct the crime with a fair degree of
certainty.

“Let’s say that Scales drove into the
Cook driveway. He knew the family’s
habits, knew Cook wouldn't be at home
for another hour, Mrs. Cook saw the
truck of ner former employer and as
she sometimes helped out when work
got heavy, she may have thought the
man was bringing a message from
Richardson.

“Somehow the man got in the house.
My guess is that he told her he wanted
to use the telephone to. call Richard-
son. So he dialed a number, the first
one that came to mind, which hap-
pened to be Osmint’s. Mrs. Cook, sup-
posing he had dialed Richardson,
shouted Richardson's name when she
realized that the man was going to
assault her.”

Ballinger smiled approval. “The way
you tell it, Sheriff, you could have been
right there watching it all.”

“Because he knew she could easily
find out his name through Richardson,

he couldn't afford to let her Jive. Just
why Betty Marie was killed is anybody's
Hues, but mine is Chat she was Orying
to help her mother and getUing in the
killer's way.”

At seven o'clock the next morning
the officers received word that Scales
still had not returned home. Two offi-
cers were sent to the garage in case he
came to work.

N HOUR passed, slowly. Another
even more slowly. Scales appar-
ently was not going to work that day.
His absence from his home and work
gave rise to the fear that he had slipped
out of town and by now was many miles

_ away

On the chance that hé still was in the
city and unaware that he was under
suspicion, the Sheriff decided to with-
hold a broadcast for Scales.

At nine o'clock a young, thin man
walked up onto the porch of Scales’
home, fitted a key to the doorlock. He
was not Scales, since the suspect was a
powerful man of about 30 years of age,
well over six feet tall. So the watching
deputies decided to wait and see what
was up.

The man returned shortly, carrying
a package under his arm. Officers fell
into step on each side of him, escorted
him to the Sheriff's office.

The package contained clean under-
wear and a shirt, several sizes too large
for the man carrying them. He gave
his name as Lawrence Gaston and said
he was an unemployed automobile
mechanic.

“Where did you last work?”

“Richardson Motor Company.”

“Know Richard Scales?”

“Sure. They're his clothes. I'm

. carrying them to him.”

“Where is he?”

Gaston hesitated.

“Look, Mister, this is serious. Un-
less you want to find yourself mixed
up in a couple of killings you ‘ll oil that
tongue of yours, but good!”

Gaston swore that Scales had come to
the home of Gaston's girl friend and
asked to spend the night.

“He said he'd been in a fight and
cops were looking for him at his home.
So we let him stay. He's there now.”

Twenty minutes later Scales was
seated in an anteroom off the Sheriff's
office while Walters and Jones fired
questions at him.

Then, as the Sheriff and Jones told
reporters later, Scales broke down and
made a full confession. It had hap-
pened very much as the Sheriff had
deducted.

Scales really had gone out on New
Garden Road looking for a stuck car.
Passing the Cook home, he had his ter-
rible idea, turned into the driveway and
approached the house.

He told Mrs. Cook he wanted to tele-
phone his boss, and she had unlocked
the door, at the same time permitting
the children to return to their play
in the snow.

“I grabbed her,” Jones reported
Scales as admitting, “and we wrestled
around, I knew she recognized me and
there was no turning back. The little
girl came in, started hitting me with
something. I'd grabbed up a long
butcher knife and stabbed the girl.
Then I started cutting the woman. I
don't know how many times.”

The actual number of wounds proved
to be 38.

The butcher knife, Scales declared,
was in some bushes beside the road.
Searchers failed to find it, but three
days later it was located in the back
yard of Scales’ home. Cook identified
it as his property.

So intense was feeling in that area
that Scales was rushed to an undis-
closed jail until he could be transferred
to State’s Prison in Raleigh.

Gaston, of course, was never a sus-
pect. He had simply been doing a favor
for a friend.

On March 11, Scales was found guilty
of first-degree murder and sentenced to
death in the gas chamber of the state
penitentiary in Raleigh.

The names Tim Wicker and Elwood
Wilkerson are fictitious to protect the
identities of persons innocently involved
in this investigation.

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SCOTT, Slave, hanged at, Hillsboro, Ne Ce, May 19., 1827.

“EXECUTION. = Scott, the slave of Simeon‘Cochran,, convicted at our last Superior Court
of the murder of William M, Marshall, was executed on Saturday .last pursuant to sentence,
amid a concourse of three or four thousand persons, At the sallows he related the cir~
cumstances of the murder, in a tale corresponding with that which has been: in circula-
tion, Himself and Peter committed the murders; but two or three white persons are
imolicated as far more guilty in the business, It is unnecessary to-mention their names,
Thouch protected by the policy of the lays from merited punishment, .the AXXXUKXAHAXHEXEKE
execrations of the public will for ever rest upon them, If he who murders a fellow
being merits ignominy deaths; what addquate pun&shment can be awarded to him who, in-
stead of leading into paths of rectitude a poor ignorant wretch depndant upon hin, shall,
by persuasuion and bribes and threats, urge him on the the shedding of blood and the
gallows? SURELY THERE IS AN HEREAFTER, = HILLSBORO RECORDER,"
REGISTER, Raleigh, NC, June 1, 1827 (1:2.)
The following articles follows the above in the same issue:
"At the Superior Court held in Person county last week, the Hon, Judge Norwood presiding,
came on the trial of SIMEON COCHRAN, indicted as accessary before the fact in the murder
of William M, Marshall, The Solicitor General, Willie P. Mansum, and Nathaniel J, Pal-
mer, esars, for the states; A. De Murphey and Bartlett Yancey, esas. for the prisoner,
It being necessary to show the conviction of the principal in order to put the defendant
on his trial as accessory, the council for the state offered as evidence of the fact the
record of the trial and conviction of S,ott in the Superior Court of Orange, This evi-
dence was objected to on the part of the prisoner, on the ground that the conviction of
Scott was obtained principally by negro testimony, The decision of the Judge was, as
the act of the General Assembly KKK prohibited the admission of negro &X or Indian
testimony, to the fourth degree, XXAXAKXKHKto effect either the person or property of a
white person, the effect of the admission of this record would admit indirectly that
kind of testimony which could not he admitted directly; and therefore that the record
could not be read to the jury as evidence. The prisoner, however, having consented to
be put on his trial, had admitted the conviction of the principal to that effects it
would be necessary for the state to prove his guilt by competent testimony on the present
trial, Another question having arisen, as to the confessions of Scott; the judge
decided, that the confessions, if voluntarily made, would be proper evidence to establish
the euilt of Scott as to this case, The case was ably argued by the counsel, and the
Jud ge delivered his charge to the jury at considerable length, The jury then retired,
and in 2 or 3 hours returned into court and reported that they could not agree, The
Judge then recapitulated the testimony, and made some comments; the jury again retired,
and in about an hour returned a verdict of not guilty, the trial commenced on Wednesday
morning, and did not terminate until between 2 and 3 o'clock on Friday morning, Great
interest had been excited, and much difficulty was experienced in getting a jury; more
than one hundred & fifty having challenged themselves for cause, and five or six were
challenged by the prisoner, The evidence, though not sufficiently direct, it appears, to
convict the prisoner, is said to have heen such as convinced every one present the
prisoner was guiltye"

"At the Superior Court held in this place last week, the Hon, Judge Norwood presiding,

came on the trial of Scott, a negro fellow belonging to Simeon Cochran of Person

Gounty, for the murder of William Marshall, The trial lasted upwards of furteen

hours, and resulted in a verdict of guilty. On Saturday sentence was pronounced

upon him and he is to be executed on Saturday, the 19th of May next. Peter, also a

slave of Simeon Cochran, and who was imlicated in the same murder, was

acquitted by cnsent of the counsel for the State, on the ground of defect in the
evidence. = HILLSBORO RECORDER,"

REGISTER, G@@O06G@A Raleigh, North Carolina, March 30, 1827 (1:2&3.)

"MURDER. = An atrocious murder (says the Hillsboro’ Recorder) was committed in the edge
of Person County, at Simeon Cochran's mill, on Wednesday week last, on the body of
William Marshall, The body was found on Friday last, buried about 2 feet deep,

200 or 300 yards from the mill, and the place carefully covered over with leaves,

A negro fellow belonging to Mr. Cochran, and employed at the mill, confesséd that hime
self and another negro belonging also to Mr. Cochran, had committed the murder, and that
they were hired to do so by a WHITE MAN, and were to have thirty dollars a piece

and a new suit of clothes. Fame whispered that Simeon Cochran and the wife of the
deceased, had for some time kept up a criminal intercourse, and this, in connexion

with other circumstances, served to fix suspicion on him as the instigator of the

foul deed, and he has been accordingly taken up and lodged in Person jail, together with
cone of the negroes = the other has made hig escape," RE}ISTER AND NORTH CAROLINA
GAZETTE, Raleigh, NC, March 10, 1826 (1:3.)

Freedman sCOTL, hanzed Wilwin. ston, NC 5-7-1858

Uebel te abkcwal rahe wa en
de iioF jall-and plaeed i in @-WARONe T hoy” were dressed
lin white, with their caps‘om ‘The Military’ Companics |
{formed fp “hollow square; and thus-the- solemn ‘procession ib
moved down to the place of éxceution t little. outside of
the southern limits of town, | !

~ When, wo got to the place of exceution, we found =

prisoners under the gallows, “engaged in devotion, car-
nestly lod_by the_Itcv.Mr._A ndrdwae—-In—this—both
seemed to engage fervent y-"ATUE gi singing a hymn, Mr.
Andrews offered Up a prayer for the souls of those nhout |
to depart. We know little of what he said, but we felt
that his whole soul was in it.

_AL the conclusion of ‘the prayer, Mr. Andrews wl- |
dressed. some words of ‘exhortation to the unfortunate |
men, shook their hands; and bade them farcwvell on earth,
Some other gentlemen did the same, ~~ |
The prisoners ascended the scaffold about twelve O's
clock.’ Scott made sume remarks, begging all present to!
beware of liquor, for that had broeght him there—,
We. expressed:” his belief that his Saviour liud ,
done all for him. Scott wis tremulously alle cit
but. behaved with ‘inch propriety. Peter begged
all to beware of carrying weapons--if they had knives. |
pistols, or,any other deadly weapon, throw them AWAY. |
Having weapons had brought him to the gallows. | He:
had hope in the merey of his Redeemer, ‘Peter Was
inore self possessed thin Scott, and looked repe tind hut
not despairing.

ALT, minutes -after 12 o'clock the props were

drawn from. under. the platform by a. wagon, and
the two men, Whose fivees were covered, wert latinelicd |
into—cternity:—Seott's—neele— “appeared * to havehbeen
neken—=-Fhehnotalippeetittiemccd i Peteronmdtt
he did not die quite so soon us Scott. In less than four
minttestFmotion-hadsecased witht botl. t

The arrangements by the Sheriff were perfect, und all
passed olf with an order.und solomnity becoming then me-
Inncholy occasion -~-——-----——

We have no time, to nd particulars, und litle (nate
for such. things, . LW G_may_udd_that—Peter—hud - been
penitant for somo .time. Scott hud-not been until with:
in aw duy or two of his. exceution. Of the mineaaily. of
their repentance, God alone can judge.

[DiuLMmweTon (AC) Ct Ly
SIMGSG *


| - : | . 1820
‘OTT, Mason, white, hanged Raleigh, NC, Nov.1l0,
aUO LE: 4 v pe ) g

is elected Se. }
apd Wm. Ww.
mioners, VW.
epresentative

N Edw. was voted for a
. to Congress.— Register,

ayeuth of thiscity, about yg years uf uge,
way committed to our jail, charged with the |
‘murder of a Negre Man named Caleb, the
Property of thewestate of the late Sterlirg
Marshal, of Halifax County, This tragical
affire took place about 10 o’clock op Friday |
night, In one of the dram-shops ‘Near the |
market-house (evils in society which cry a.
loud for correction !) where it appears this
South ¢ame for liquor, and fi-ding the negro
there in the act of cleaning the shopkeeper’s
shoes, he proceeded to quarrel with him, and
finally, as is charged. gave him: a Mortal
wound with a D:rk, of which be instantly
expired. We trust this shecking event will
put an end fo.the present unwarranteble cus.
tom. ma eivi’ zed country, of youths carry.
Ing about then concealed Weapons -of this
kiod !— Jbid,

. | Sfgaprr—On Saturday last, Afeson Scott,

Saeed

EDENTON. (NC) GA 2ETTs, 8/5/1819.

GF whall dhal hates

IN THE SUPREME COURT. [8

STATE », Scort,

5. Held, therefore, where a prisoner had committed homicide at 10
o’clock at night of one day, that evidence of what he said the next
morning could not be received to prove his derangement.

6. The property in a slave is not of the essence of the offense of the mur-
der of him, and it is immateria] whether it be laid in the indict-
ment or not; hence it need not be proved upon the trial] as laid.
Qucerc—if the property be proved to be different from that laid?

7. If a statute take away clergy from any offense, and another statute,
either prior or Subsequent, create that offense by its known, legal
and technical name, all the qualities of its name will attach to
it; hence it will stand ousted of clergy.

8. The statute, 23 Hen. 8, ¢. 1, ousted m urder of clergy. Our act of 1817,
c. 18, gives toa slave the character of a human being and places
him within the peace of the State, so far as regards his life,

9. Hence, it is held, that one convicted of willfully killing a slave with

malice prepense is guilty of murder and not entitled to the bene-
fit of clergy,

Tu prisoner was indicted, tried and convicted at the Superior
Court for Waxr at April Term, 1820, before Paxton, J. THe
was charged with the murder of “a negro man slave,

( 25 ) Caleb, the property of Frederick §. Marshall”; and the

indictment concluded “contrary to the form of an act of
the General Assembly and against the peace and dignity of the
State.”

The prisoner was allowed to ask the jurors upon oath as they
were called to the book whether they had expressed or formed
an opinion unfavorable to him? One Daniel Peck, being called,
was thus interrogated, and replied that he had not formed nor
expressed any opinion respecting the guilt or innocence of the
prisoner, and he was then elected and sworn on the jury. The
deceased was slain with a dagger about 10 o'clock at night. One
ground of defense taken on behalf of the prisoner was that he,
the prisoner, was insane at the time, to prove the truth whereof
his counsel offered to give in evidence his own declarations in
connection with his conduct the next morning after the homi- *
cide to be considered by the jury in connection with his conduct
before the homicide, and on the same night and within a few
minutes of the time of giving the stroke. But the court rejected
the evidence of the declarations and conversation of the prisoner
on the morning succeeding the homicide.

For the Purpose of showing the deceased to be the property
of F. S. Marshall the Attorney-General ealled a witness who
proved that he had long known Caleb; that he had formerly be-
longed to one 8. Marshall, and continued to be his property
until he died several years ago, leaving an only child, who is the
said F. §, Marshall, a minor. The prisoner’s counsel moved the

14

VC] JUNE TERM, 1820.

i

STATE v. Scort.

‘ourt to snatinet the jury that the Natl “ ey

co ; . . ° . oe . u =
‘e the property as laid in the indiciment ;

ea i ayed for, and, on the other

fused to give the instructions as pray » and, on

ha instructed the jury that the evidence, if believed, was

sufficient. : oa Bike ee

After the verdict a new trial was moved for up
rrounds following: an
; 1. ‘That the juror Peck had made up an opinion against
the prisoner before he was sworn. : :

"2. Phat the same juror was insane and without ca |
sucity to be a juror. aoe
3. ‘Because proper evidence offered on behalf of the prisoner
had been rejected. 2
if lor misdirection of the court upon the proof.of the title
of the deceased. :

The first reason was supported by the ccaaptalea a Berean
who swore that he was standing near to Peck ag e wa hae
us a juror, and that he asked him if he meat ah =
jury, to which he replied “no, I cannot, for I have ep P ny
opinion,” and that in a few minutes he was sworn an yt me
sent. in the jury. The second reason was also piecake °y at
affidavits; the one made by a physician, who oe _ tweltg
months before that time Peck had been deranged by by eer
ance; that he had seen him within the week of the te a -
rad. and from that circumstance tho. ght it probab Les —
mind was deranged; the other made by a mechanic, ¥ 0) ¥ =
that Peek came to his shop before breakfast on the day o 7%
trinl and his eonduet was so strange and his ponte
absurd that he believed him to be deranged. as aos PS -
ruled the motion. The prisoner the» prayed ti ene ee
clergy, but the court refused to allow it and passed senten
death on him, and he appealed to thi¢*Court.

(26 )

Attorney-General for the State.
Seawvell and Manly for the prisoner. -

Tayror, O. J. All felonies were cler siable at the ee ( 27)
mon law; that is, all who could read vere out in the ie
hand. The question is whether murde~ has not been ous

clergy,

Hrxnerson, J., after stating the facts and the ee ( 32 )
tions as they appear upon ae seer Reale nirek ae
first reason for a new trial is no suihicie »
states that Peck informed him that he: had formed = ecicige
When Peck said so he was not on oath. and when offere

15


8 NC 13,
SCOT, Mason, white, hanged aa a Ne Co» On Bevar tee 1820, :
"#7)0 Died: CALEB, Murder, On Saturday last, Mason Scott, a youth of this city,
about 18 years of age, was committed to our jail charged with murder of a negro man,
named Caleb, the‘property of the Estate of the late Sterling Marshall of Halifax
County.seeRALEIGH REGISTER, Friday, 23 July 1819 (3:3)" VOLUME 1,<ABSTRACTS OF VITAL
RECORDS FROM RALEIGH, NORTH CAROLINA NEWSPAPERS, 1799-1819;@ompiled by Lois Smathers
Neal; Spartanburg, SC: Reprint Co., 1979, p age 78 Ge c
g ¢¢ g ¢ ¢
"The Jail in Wake County (NC) was broken in the night of June 25, 1820, when the
following prisoners made their escape, viz: Mason Scott, who had been convicted
of Murder; Wm, Tackett, confined on a charge‘of Murders Eli Boling and Stephen Ba=
ker, convicted of Robbing’ the Mail of the United States, Scott is a daring youth of ©
about 18 or 19 years of age, about 5 feet 8 inches high, and by trade a tailor,
Tackett is 22 or 23 years of age, of a low stature, square built, and is by trade
@ carpenter, - Boling and Baker are about the same age with Tackett and Boling is
low in stature like‘him; but Baker is nearly six feet high and well made, of a
fair complexion, Boling and Baker were raised in the edge of Chatham County near
neighbors, and had both been employed as Mail Carriers, aA reward of Fifty Dollars
each is dffered for their apprehension," THE COURIER, C,arleston, S,. C., July

3, 1820 (2/36)

"MASON SCOTT-The trial of this youth, on the charge of murdering Negro Caleb,
occupied opr Superior Court the whole of Thursday last, The jury were not charged
till past 10 o'clock at night, They returned a verdict of Guilty about two o'clock
in the morning. The Attorney General was assisted in the prosecution by Gen. Re
Williams, The prisoner was defended by Messrs, Seawell, Manly and Glynn:

"The next day the following reasons were urged by the prisoner's counself for a new
trial: (1) The negro alledged to have heen murdered was not sufficiently proved to
have been the property of Frederick S, Marshall, as stated in the bill of indict-
ment. (2) The prisoner's counsel offered to.give in evidence the decloration of the
prisoner, in connection with his conduct, for the umrpose of shewing, that, at the
time the deed was done, he was laboring under a mental derangement; but this evidence
was. refused by the Courte (3) One of the Jurors who sa t upon the trial declared,
inthe presence of witnesses, a few moments before he was called to the ‘book, that

he had made up his opinion and could not serve on that jury; but when sworn declared
he had niether formed nor expresed an opinion upon the. case. (l) One of the jurors
who it, was alleged was occassionally deranged, ws not. in his right mind on the day
of the trial. The Judge refused. to grant a new trial, and an appeal was taken to
the Supreme Court, on the above points. = RALEIGH REGISTER, April |, 1820,"

THE COURIER, C,arleston, SC, A pril 19, 1820 (2:3.)

"RALEIGH, Friday, November 17, 1820, = EXECUTION. = Mason Scott, who had be@n .con-
victed of the murder of Negro Caleb .and who had been respited for three weeks,
was, on Friday last, executed in the vicinity of this city." RALEIGH REGISTER &
NORTH CAROLINA GAZETTE, Raleigh, NC, Nov. 17, 182 0 (3:2.)

"This is the day to which Mason Scott, convicted of the murder of Negro Caleb, was
reprieved by the Governor, If no furtherreprieve takes place, he will, of course, be
executed." RALEIGH REGISTER AND NORT I CAROLINA GAZETTE, 1-10-1820 ( 43/1.)

RALEIGH, Fpiday, Oct, 27, 1820, = A REPRIEVE. - Mason Scott, who was sentenced to

be hung on Friday last was reprieved by the Governor until that day three weeks, in
order to give time to the petitioners to prove part of their allerations, which they
stated they could not then do, in consequence of the Judge and Prosecuting Officer
being on different circuits." REGISTER & N, C. GAZETTE, Raleigh, NC, 10-27-1820 (2/5)

"RALEIGH, = Friday, October 20, 1820, - This is the day fixed for the execution of
Mason Scott for the murder of Negro C,leb." REVISTER & GAZETTE, 10-20-1820 (322.)

IN THE SUPREME COURT,

GULLY », GULLY,

ment shown on the part of the defend

tion was recognized as a mortgage. The right of redemption
must, under these circumstances, be presumed to have been aban-
doned. The bill must be dismissed.

ant by which the transac-

Haut, J., and Henperson, J., concurred,

ROBERT GULLY y. J. G. GULLY and WATSON.

(IN EQUITY. )

1. The act of 1800, ce. 9. does not require a bond of any particular form
to be giver for obtaining an injunction.

2. The condition of a bond will he So construed by rejecting insensible
words as to fulfill the intent of the parties, :

3. Tlence, if a bond given upon obtaining an injunction be conditioned,
“if the said R. q. (the complainant) should dissolve the injune-
tion and pay the sum recovered at law, and interest,” the words
one dissolve the injunction ana” will be rejected as insensi-
Te.

4. It is no objection to such a bond tha
of the recovery at law, nor ¢]
the payment of interest on th
tion be dissolved.

tit is taken for double the amount
lat it provides in the condition for
e sum recovered, should the injune-

THIs was a case from W
to this Court.

The defendants here had obtained a judgment at law against
the complainant for the sum of $1,203.20, besides costs of suit,
The complainant then exhibited his bill in equity and obtained
a judge’s fiat for an injunction upon his entering into bond with

security according to law. The master took the bond
(21) with security in the sum of $2,406.40, with condition *

(reciting the judgment and the order for the injunction)
that “if the said Robert should dissolve the injunction and pay
into the clerk and master’s office the said sum of $1,203.20 and

Interest then the obligation to be void, otherwise to remain in
full force,”

Upon the coming in of the answers
the bill and answers and a motion to dissolve the injunction,
which was done, and then a decree made against the complainant
and his surety “on their bond for $2,406.40, the sum mentioned
therein, to be discharged by the payment of the judgement at

law and all costs,” From which deerce the complainant ap-
pealed to this Court.

AYNE Court of Equity, and appealed

the case was heard upon

N. C.] JUNE TER). 1820,

STATE v. Scort.

Mordecai for plaintiff.
Gaston for the defendants.

Tayror, C. J., after stating the ease, precergee ip ce ( 23 )
liver the opinion of the Court: The act of ree ne oe
not prescribe the form of the conition of the bon : ne Fe
obyious design of it was to provide ior the payment - e ce
stayed and all costs upon the dissolu:ion of the injunction. ny
condition, therefore, which by a re sonable Raksha ae
lates for that object ought to be supported. That the comp :
ant should dissolve his own Injunc.on is what we ay sa ae
conclude was never meant. It is mauifestly a clerical error, a
inserted instead of the words “if J. G. Gully and bilanesse sha
dissolve the injunction,” ete. In that sense it ought to 3 e con-
strned to fulfill the intent of the parties according to the case
of Bache v. Proctor. But if those words be rejected as aan
ble and impossible the condition sti provides for the ia ies
of the amount of the judgment. W? en complainant ae la ~
full benefit of this bond, by the adva::iage of a trial 2 a equity
of lis claim, it would be highly un: st that he should 4 aby
allowed to defeat it by a critical cu ection, and in such (

a case I should yield to express a horities with reluc-
tance,

The decree below is affirmed.

et

THE STATE v. MASON SCOTT.

1A person called as a juror in a capita’ case er Dae aoe
Ee i ‘expressed ¢ yiInie: respecting 1g
hot formed nor expressed an oy ( i ahead Hk
E ‘j Ars § ‘ter tie verdict, it was prove H
cence of the prisoner; and, af - eS a
‘ed a few mi s before to a third person, f
he had declared a few minutes J ee vag lety:
could not serve because he had made up his re: — was
to the prisoner at i accepted the juror.
unknown to the prisoner at the time he aceey j

‘ > trfal—irst, be ‘ause such declara-
2. fed, that there shall not be a new trfal mf ale a Guteaitvnea te
lion was not on oath; and, secondly, because it is ec adicte
the juror on oath. © we
: £ "Ane rrp «© , "9. De-
j i ity of a juror : reds a reason for a new trial,
o.1f the insanity of a juror be alleg t st ( new tr :
oe Inga disqualification so easily perc otible from its nature, it must
be proved by clear and full eviden. s
; vu ‘i . ot a s ©
1. The declarations of a party cannot be offered “- Say tne care sat
aera 7 CUS Ss r accompany acts anc s
half in any case, unless they : 3 ' at de
vestac, and are offered as such. They are not admissible even t
show the insanity of a prisoner. .

Fa ¢ |

13

&
“OZQT“OT“TT ‘ON SuStTeTey pesuey S67 feqtym SuoseW ‘1100S


"RALEIGH, F,iday, June 30, 1820, = WAKE JAIL BROKEN! = In the night of Sunday last,
5 prisoners broke out of Wake Jail, by means of an Augur, with which they made a breach
sufficiently large in the floor, and then forced their way through the underpinning
of the building, with, apparently, considerable ease. The breach in the Jail was not
discovered till about sun-rise on Monday morning. = Soon after which, an alarm was
made by the Sheriff, and a company of persons was collected to scour the country
in seakch of the prisoners, Forfunately, it was soon discovered that they had’all
taken the same road, vizey a south-westerly direction, They were immediately pur-
sued, and next morning, two of the men were retaken, viz., Eli Boling, a mail-robber,
and Rnadloph M'Kenzie, who was a few days before committed for a comparatively
light offence. In the course of the day, the searching party, headed by the Sheriff,
came up with the other three, viz, S,ott, T_ckett and Baker; the first of whom had
been convicted of murder, and the second is charged with it. Baker had’ been convicted
of robbing the mail, They were lying in a thick part of the woods, On being dis=
covered, they ran off; but the Sheriff who first saw them, immediately pursued, and
finding that Scott and Baker were much more swift of foot than Tackett, he passed him
to follow them, expecting that those of the party who were behind, would secure
Tackett. When the Sheriff and those who followed him, had secured S_ott. and Baker,
(which was not effected without firing 2 or 3 Shmbs upon them, by which Scott was
slightly wounded, in the thigh) it was found that Tackett had made his escapes = The
attention of all the party however, being directed towards him, it was not long
before he was found and secured; and on Tuesday night, all the 5 prisoners were
replaced: in Jail, where, it is probable, they will be so secured as to prevent future
ESCAPE ego" REGISTER & NORTH CAROLINA GAZETTE, Raleigh, NC, 6-30-1820 ( 3:1.)

"MASON SCOTT, - The trial of this youth on a charge of murdering Negro-Caleb,
occupied our: Syperior Court the whole of Thursday hast. The Jury were not charged
till past 10 o'clock at night. They returned a verdict MXxXK of GUILTY about 2
o'clock in the morning, The As+torney-Ceneral was assisted in the prosecution by
General Re Williams, The prisoner was defended: by M,ssrs. Seawell, Manly and Glynn.

eeThe Judge refused to grant a new trial; and an Appeal was taken to the Supreme
Courteee" “REGISTER AND GAZETTE, he1h-1820 ( 32h.)

"MURDER. = On Saturday last, Mason S,ott, a youth of this city, about 18 years of
age, was: committed to our jail, charged with the murder of a negro man, named Caleb,
the property of the estate of the late Sterling Marshall, of Halifax County. This

tragical affair took plate about 10 o'clock on Friday night, in one of the dram-
shops near the market house (evils in Society which cry aloud for correction,')
where it appears this youth came for liquor, and finding the negro there in the act
of cleaning the shopkeeper'’s shoes, he proceeded to quarrel with him, and finally,
as is charged, gave him a mortal wound XXX with a Dirk, of which he instantly
expired, We trust this shocking event will put an end to the present unwarrantable
custom, in a wivilized coun ry, of youths carrying about them concealed weapons of
this kind§" REGISTER & GAZETTE, July 23, 1819 (3:3.)

a>...

SEABORN,. Benjamin F., white, 27, hanged Fayetteville, NC, June 3, 183).

"BENJAMIN F, SEABORN, = We refrained last week from comment touching the trial and
conviction of this individual, on, the ground, that a motion was pending in arrest
of judgment. ‘We learn that the reansons, submitted by the Counsel for the Prisoner,
were, sustiained by Judge MARTIN and that an pppeal to the Supreme Court was taken
on behalf of the State. Jf that tribunal should overrule the decision of the

Court below, then judgment will, of course, be pronounced against the Prisoner, at
the next term of Cumberland Superior Court. Should, however, the decision be
affirmed = then the Attorney “General, no doubt, will take the proper steps for
again putting the defendant on his trial at our next Superior Court." REGISTER,
Raleigh, NC, May 21, 1833 (2:6.) ‘

"BENJAMIN F. SEABORN, = This individual, who was indicted in the Superior Court of
Wake on.a charge of having set fire toour Gity, in September last, but who subse-
quently removed his case to Cumberland County, was tried on Friday last. The case
naturally excited deep interest, a and. carried many of our citizens to Fayetteville
as witnesses, After a laborious investigation, the Jury retired and in about
fifteen minutes brought in a verdict of GUILTY{ At the request of our City
Authorities, Mr, Attorney General Saunders appeared for the S pate, he being, of
course, MAKEXKAMXIZAE more intimately acquainted with the facts of the. case, than
the respectable gentleman who prosecutes in that Circuit, possibly could be,
Counsel for the Prisoner, Messrs, Thoomer, Henry, Eccles and J, Winslow, The
charge of MX¥XWHHAXY his Honor, Judge Martin, was ,hichly interesting, and tho
extended to a considerable length, was Listened to with the most patient attention
by a crowded Court-house, ‘ve refrain from any remarks which might be supposed to
involve, in the slightest degree, the MAMKKE merits of the case, having been in-
formed that a motion is still pending in arrest of judgment, on XXXARKXAKAX MUAKXAR
account of defects in the KKEBEM R cord, 4f the Court allows the motion, there
will be.an appeal we presume, to the Supreme Court, on the part of. the States
Should it be refysed, it is probable the Prisoner will appeals; and if the Judgment
be arrested, the case will then be remanded back to Wake for a new trial, Under
such hash: ring it would manifestly improper to publish e; Hetaneny of the

#4 case,"

REGISTER AND NORTH CAROLINA GAZETTE, Raleigh, NC, May 1h, 1833 (3/1. )

"WAKE SUPERIOR COURT. = The Spring Tetin of this Court was held last week in this
City, by his Honor Judge Strange; but little business was transacted, The most
import case, vize THE STATE V. SEABORN, was removed to Cumverland for trial, the
prisoner filing an affidavit of his belief that he could not have an impartial
hearine in this County, in consequence of the prejudice existing against him =
The charge on which he stands indicted, it-will be recollected, is, that he set
fire to and robbed the Store of Richard Smith, Esa., of this 6ity, in September
last."

REGISTER AND NORTH CAROLINA GAZETTE, Raleich, NC, April 9, 1833 (3: 20)

"ROBBERYSAND ARSON’ = It was statéd by us last week that the impression was very
general in this community, that the recent calamitous Fire with which we had
been‘visited, was the work of an incendiary. What was then belief is now substan-
tiated fact. Ever since the fire occurred, suspicion has attached to anxindividual
named BENJAMIN F, SEABORN, who was known to have slept that nicht .in the counting-

_room of the Store, where it originateds and this suspicion has been stréngthening .

daily from the thoughtless expenditure of money by the person above named, On
Saturday night last, it was ascertained that he had that evening, paid away $ (7?)
amongst which was a ” $5 South EX*#X South Carolina note, believed by MR. SMITH to
be a part of the money which he had in his Store, when he left it on the nicht

it was burnt, . Upon this statement of circumstances, a warrant was issued for the
apprehension of SEABORN, and he was accordingly taken at a late hour of the night
and committed to jail for examination on Monday, ‘When arrested, there was only
about $2); in money found on his person, but in one of the folds of his pocketbook
a memorandum was discovered, which doubtless led to the developments that have
dince taken place, This memorandum consisted simply of letters and fightes and


sassy . ’ eS Shh ik a SEIN RRS TNMs
, a es

IN THE SUPREME COURT. [8

STATE v. Scorr,

juror he denied it on oath. The second reason is in the same
situation. It does not appear what was the state of Peck’s mind
at the time he took his seat as a juror. One of the witnesses
speaks of his situation twelve months past; and although he saw
him drinking during the week of the trial he does not pretend
to say that his mind had actually become affected, but concludes
that possibly it might. The affidavit of the other witness does
not prove anything; and both taken together can scarcely raise
a doubt much less satisfy us that the juror was deranged when
he was sworn on the jury. The nature of the disqualification
would render it perceptible to many of the numerous bystanders
who commonly surround a court, and more full and satisfactory
evidence of the fact, if true, should have been produced.

Were I left to myself, unshackled by adjudications, I must
confess that IT should be inclined to respect the third reason: but
if 18 in vain for me to contend against precedents; I must submit
to the law as T find it written, and my brothers entertain no
doubt ot the dorrectness of the decisions upon principle. The
declarations of the party, say they, cannot be offered in evidence
in his behalf unless they accompany acts, They then form part
of the acts, and as such are heard. But, with due deference to
these Opinions, 1f appears to me that a man’s acts are as much
within his control as his words, and that both ought either to be
received or both rejected. Yet it is the daily practice to give the
party’s acts in evidence for him. | do not contend that the
party’s declarations should be given in evidence for him to prove
the truth of the facts declared or asserted by him, but only that

the jury should be at liberty to draw inferences from his
(33) having made such declarations.

The last reason is that the court refused to instruct
the Jury as to the effect of the testimony, allowing it to be true
relative to the title of the slave Caleb. This is a demurrer to
evidence ore fenus. Observing that the evidence does not prove
the Property in the deceased to be otherwise than as laid, is it
then a fatal defect, even if it be admitted that it does not prove
the property to be as laid? We think it is not. The ownership
forms no part of the offense; it is equally criminal to kill the
slave of one person as of another. The prisoner is no further
Interested in having that stated than for the sake of identity.
We Slve No opinion upon a ease where it is proved that the prop-
erty 1s in a different person from the one alleged in the indict-
ment. Tad the prisoner been acquitted by the jury for this
defect of proof there ean be no doubt but that on a second in-
dictment for killing the same slave Caleb, charging him to be
the property of some other person than F, 8, Marshall, he could

16

N. C.] JUNE TERM, 1890.

STATE v. ScortT,

.:

safely rely on a plea of such acquittal, -vith proper averments
that the slave Caleb mentioned in one indictment is one and the
same person with the slave Caleb mentioned in the other. This
incontestably proves that the title or ownership of the slave is
not of the essence of the offense of killing him. For then an
acquittal upon the charge of killing a sigve, the property of A,
could not be an acquittal for killing a slave, the property "of B.
This case is within the principle of Pye’s case and that of Su-
sanna Johnson. Pye was charged with robbing a person in the
dwelling house of A; the robbery was proved to have been from
the person, but it was not proved to whem the house belonged.
Upon conference of all the judges it wa: held to be immaterial.
2 East Cr. L., 785.

The motion for a new trial must therefore be overruled.

To avert the punishment which the law has affixed to
murder the counsel for the prisoner insists that he is en- ( 34)
titled to clergy. This depends on the ec*struction of the
act of 1817, in connection with former acts on the subject of
murder. As a preliminary remark I 421 observe that at the
common law all felonies (murder inclusive) are punishable with
death. But a clergyman, from the veneration in which the cleri-
cal character was held by the founders of our law, was exempted
from the punishment of death if the bishop would claim him
as a clerk, and of his being so, reading was the evidence. Hence
came the benefit of clergy. In process of time this benefit was

_ extended to all persons, and thence it ca: +2 to pass that the most

cnormous crimes were unpunished. The Legislature, perceiving
this, hath proceeded from time to time << take away the benefit
of clergy from certain offenses. The consequence is that clergy
is allowable in all felonies but where it h 3 been expressly ousted
by statute. The question therefore is ~educed to this, is the
benefit of clergy taken away from the o;;ense of which the pris-
oner is convicted ?

The statute, 28 Hen. VIII, ch. 1, ouseth clergy in cases of
willful murder, of malice prepense. Our statute (1817, ch, 18)
declares the offense of killing a slave siiall thereafter be con-
sidered and denominated homicide, and shall partake of the
sane degree of guilt, when accompanied with the like cireum-
stances, that homicide does at common ‘aw. The prisoner has
been convicted of killing the slave Caleb with malice afore-
thought; and such a killing of a human »eing is, at the common
law, murder. Of murder, therefore, is the prisoner guilty. The
effect of the act of 1817 is to give to a vlave the character of a
human being, and to place him within ti:e peace of the State as
far as regards his life. This latter act, ‘herefore, virtually de-

8—2 17


lain este tsa: ?

IN THE SUPREME COURT. [8

BANK v. CLARK,

‘?

clares this offense to be murder, and the statute, 23 Hen. VIIT
takes away clergy. Nor does it make any difference whether the
benefit of clergy be taken away by the same statute which creates

the offense, or by any other, prior or subsequent. For
(35) when the supreme authority creates an offense, giving it

sume¥ all the qualities of its name, that is, it becomes the thing
the Legislature declares it shall be. Our statutes of bigamy,

mentioned in the argument, bear no analogy to this case. The .

statute, 1790, provides that bigamy shall be felony, and that the
felon shall suffer death; yet a person convicted under it was
allowed his clergy, because it was not taken away by that or any
other statute, and at common law it still remained. We are not
however, left to our own reasoning alone upon this question the
authorities are the same way. Ioster, in his Treatise, lays down
the law thus, Fost. Tr., 190, 191: The statute, de Clero, 25 Ed.
ITT, provides that clerks convict for treasons or felonies’ touch-
ing all persons other than the king himself, or his royal majesty
shall have privilege of Holy Church. Treasons created by after
statutes relative to the coin, the establishing of the king’s regal
and abolishing the papal supremacy, were ousted of clergy with-
out express words, as coming within the exception of the statute
de Clero, because they were treasons touching the king’s royal
majesty.
We are therefore of opinion that the prisoner ig not entitled
to the benefit of clergy, and that judgment of death be awarded
against him. :

(ited: 8. v. Ripbrowsh 13 N. C., 489; Norwood v. Marr
gh, «Way ) ; rTOw ,
20 N. C., 589; 8. v. Brandon, 53 N. o., 466 ; S. v. Penland, 61
fy Ae bee 224; 8S. v. Vann, 82 N. C., 634; S. v. Reitz, 83 N. C., 637;
S.v. Mills, 91 N. C., 596; 8S. v. Rhyne, 109 N. C., 795.

( 36 )
THE STATE BANK OF NORTH CAROLINA y. CLARK & McNEIL,

1. Acceptance and payment of a check is prima facie evidence that the
acceptor had the necessary funds of the drawer, and it is incum-
bent on the former to show that he had not.

2. The State Bank of North Carolina is a mere private corporation:
hence, the books of accounts kept by the bank of the dealings
between it and a customer ‘are not evidence for the bank in a suit
between it and the customer,

18

st

Pan

N.C.] JUNE TERM, 182°

MANNING v. SAWYER,

Tits was an action of assumpsit, from CMBERLAND, for money

had and received and money laid out and expended to the use of

the defendants. Upon the trial the facts were that the defend-
ants, being merchants at Fayetteville, were customers of the
branch bank at that place, and kept large deposits for which they
had drawn checks from time to time, that‘had been honored and
paid. The checks were produced in court’ by the plaintiffs and
admitted by the defendants. The plaintiffs further alleged that
those checks were for larger sums than had been deposited, and
that defendants had overdrawn. To prov» that fact they offered
to give in evidence the books of accounts sept at the bank with
the defendants, whereby it would appear ‘hat their deposits did
not equal the amount of the checks by the um of three thousand
dollars and upwards. The court rejected the evidence and the
jury returned a verdict for the defendants. The plaintiffs moved
for a rule for a new trial, which was refused by the court, and
an appeal taken to this Court.

Ruffin for the defendants.

Taytor, C. J. The acceptance and p?yment of a check is
prima facie evidence that the plaintiffs ha: in deposit money of
the defendants wherewith to pay it; and if the fact were
not so it is incumbent upon the plaintiffs to prove by the ( 37 )
state of the accounts that the defendants have overdrawn.

But that cannot be shown by the books of the bank, which is
only a private corporation, and they are“inadmissible in favor
of the plaintiffs. The judgment below is

Affirmed.

Cited: Fox v. Horah, 36 N. C., 360; Bland v. Warren, 65 N.
C., 374; Durham v. R. R., 108 N. C., 402; Dyeing v. Hosiery
Co., 126 N. C., 294.

MANNING v. SAWYER.

1. The Court will not entertain an appeal, but «vill direct a certificate
under the act of 1818, ¢. 2, s. 7, unless the appellant bring up the
appeal bond with the record and file it in tue time.

~. The appellant filed the record in due time Sut omitted to file the
appeal bond with it. I/[cld, that ona mere suggestion and motion
on behalf of the appellant a certiorari will not be granted, but
that on a proper case appearing by affidavits a certiorari will be

granted.

19


oot the Buropean world. |
tance, though made for
‘anhard:y keep it alive.

> nis decreed, and some

ta e e

® the selfish faction (the
6 vy have leisure to write
Pi,

UREN OF ENGLAND.

mischievous as may tn: in itself
mal the Koyal Brawl, now
Moeland, we cannot bat be a-
tftone ot some of the allusions
answers to the Addresses, to
wbthe monarch. For instance,
(ys «elected ppasanzes.—.Val. Gag.
~ Jon without an accuser, or that
ynled in mystery—an adultery
9 hushand produced ae the in-
On abstract ternt substitated for
We ronatity, and that abstract term
Oy justify the degradation of the
“a

er be forgotten, that on the a
Och the rewsins of hislate rever-
Ser guardian and iny friend, were

the silent tomb, perjury, in the
SYof a discarded servant. passed
{ \ts, (the threshold of Carltoa

Pthe ste-ptre of righteousness
“heen raised for the protection
‘jut the same time my name was

‘litargy. aad I was held up to
s, an object of abomination for
ae

a faction (the ministry) have
bit of trucking to SUDO PUE saw:
oMplving with wall tte Ackles inett
‘Sey have aconired a fondness for
ereons may live ina polluted at-
ley Verse all celich tor the breath
pt or the fragrance of the fields.”
r professes tu be under he spe-
Wr of Heaven,
Yoon has harracced me with every
 evolent vexation, end inquisito-
ar neart. a anncter of a century.
nd my life have Leen preserved
A\y peril: as those to whieh | have
E\ from «pies. traitors, aad ver hdi-
Sof every deseripting., Use cae
' » hot tothe defect of vigi-
ny relnsation of cHfort in my en-
the inherent streneth of integri-
incisicle pratection of tac Alm ieh-
dome qroviddence hay perpetinlly
nal my wanderings. has watch.
How ia oll ny sorrows and eaces,
corstant shicld in all any perils
rg”

»nat timas sank in tha depths of

from those depths Dhave baeg

invisiile hand of the AW Merei-

e tu the dawn of happier days, |

imptate a feturity of bope fue my-

isa tered,

| he eurrendered a strong anderslandin

i

his representative duty to the heouth

g of
niinisters.

Heowned he bad ulten b:en etag-

ox, thengh that gentleman had never at)-
tained his voice. He ealdom attended de-
bates; but enjoyed his cigret nt Ballamy’'s ill
the call for the ministerial phalans. to attepd
the divisioa.”

enemas

Boston, Nov. 11.

The favorite frigate Constitution is ordered
by the Navy Board tobe fitt-d fursen imme-
party She has andergone a thoronch re-
pair duriag the summucr, and thuugh tweuty
two ycars old, is now one of the ant sals-
tantial vesscls in the service. Commiudorn
Hull to avoid cold weather is procesdiog
with the utmost rapidity ia the work, which
celerity is emulated by the seamen, who
crowd to serve ia her Old Iraucides is the
magnet which atiracts the attention and zeal
of nil the honest tare who are out of employ-
ment Intell.

re An exomplary punishment has
lately been inflicted in the state of
North Carolina, om a young man of
the na-ne of Mason S-ntt. whe was
hung at Raleigh, 6n Friday the 10th
instant, for the murder of a slave.
Scott was but 18 of 19 years of age
Ue carried a dirk 3 gut drunk with
liquor, met the negro, renewed an
ald quarrel with him, and stabbed
him todeath. The culprit was soon

market-house, not fifty vards from
the spot. [He was tried for murder
and condemned. Much intercession
was made for his pirdon, after con-
Viction $ ont the governor was net
to be moved by persuasion from a
duty enforced by higher consideta-
ations.— Val. Intel,

noances, on the Bist

hal recovered its health Whitet tiie intelli.
y rence js gratefully received, wh eannit belp
j maying thet fact tcihutn of prahve and admirs-
tion which ia due to that worthy and indefati-
gable offeer, for hit brare and eharitable con-
duct ducing tha most alicticn period eevee
known in that anfortnnete city. Me Charttua
 peansinad al bin post whilst dea. statked a-
1p round in appatling chepes. and eat dinca fan-

iy and friends ie continued 19 walk amide

the pectilence—comfurtiag tha sick and warn-
pingthe healiby Sucty x griltic officer is inva-

tasble. and such esneAnet merite public Cum-
meet eto, Aal .,

and i

sie in his opinion by the arguments uf Me.

after found asleep on a bench in the |

Mr. Chariton, tha Mayor of Savannsh, an- |
steber, thal: the city :.

sore Vee VSS ee Ue UL SlClUe

| the house, the said petitions shall
considered as agiin presented a:
referred to the sume committees +
spectively, without special order
that effect, And it shall be the
ty of the said cominittecs reape:
ively, upon application in behalf
any petitioner, whose petition
presented and referred, as aforesia
to consider and report thereon,
the same manner as if it wero ref
red to such committce by spec
order of the house,

On motion of Mr. Crowel, it v

Resolved, That the committec
public lands be instrarted to enqu
into the expediency of providing
law some relief to the purchager:
public landa in the United Stat
previous to the Ist July, 1820.

Conmmitlees of the Flouse:

The following isa list of the standing
other committees, appointed by ane. Spe:
Taylor, pursuant tothe orders of the Ho:

On Elections—mes:es Trimtle, 1
Tueker, Sowh Carolias, Sloan, Clark, Eo
| Moore, Va.
| On Publie Lawvle—mecrs. Anderson, |

vicks, Cuoke, Ball, Senith, Stevens, whe

Brush. :

' On Pensions awl Reenlutionary Clais

‘mesors Khea, Maciay, brown, Allen, 3

i Lian, Street, Jones, Va.

1 On Agriculiure—me-ees. Forrest, Clag

i Meech, Richmond, Renzvold, (sarnet, &

' Oa Wayrand Meanus—messrs. Smith,

‘M- Lane, Del. Burwell, Shaw, Treacy, F

; Jones, Ten.

1 On Post Off-rs—meaes Livermore,

pemper, Ruse, Tumphias, Kinsley, Jub

Grn :

; On Puldie Ecpentiluces—wecees Sim!

‘Slocum@h, Rogers, Cobb, Adame, |

Montgemery
On Rerisal and Vufirithed Busincss—m:

Morten. Kater, N. th Ball

,__ 02 Claims—meers, Williems, N.C.)
AcCov, Samucl Moore, Hackley, Fuw

‘Con Metealf.

‘! Oa District of Cohemhbie— meer |
Merece, Neale, Swearingen, Smith, |
"Meizs. MeCullornch.

fin Pricstte Vand Cliime—inceces, C.
hall, Butler, Low otert Moure, Leddy,
cher, Diechkson, Crowell.

On Prrountse—meovses. Smith, N. Cas:
Bateman. Upham.

Or Caumerce——-mevre Neston, To
ena, Matlary. Neloou, Merecaciuceits,

PWeerlover, Mitatt.

’

,

1
.

had

was a8 follows: 'N. C. $220/ Va. $100/ S. 6. $70/ U. S. $255/ $28/ Total $673.!

On the next morning (Sunday) a centleman visited SEABORN sn jail, and told him of
the discovery of this memorandum and its supposed connection with the fire,.
agreeing as it did with M,,. SMITH's recollection of certain sums in his possession
on that ill-fated evening. This interview resulted in'’a confession on -the part of
the prisoner, in which he denied any knowledge of, or, participation in, the ARSON
but admitted that while the Fire was raging, a negro man, whom he named, came to °
him, and having exbobtdd a promise of secrecy, delivered to him a sum of money,
saying he might have the whole, with the exception of $50, That he had, in
compliance ‘with this ensagement, concealed the money in a secure place, which he
then described. On going to the spot designated, about three miles from town,
where the prisoner had been at work, the package was easily discovered, The sum
thus obtained, together with what the prisoner had spent since the fire,
corresponds with the memorandum found upon him, and .copied above, MR. SMITH had
in his S,ore nearly $000 but it is not probable that more of it was taken than
has been found; as it was deposited in different parts of the Store, and in unusual
places, known perhaps only to the Proprietor, In consequence of the’ declarations
of the R€ prisoner, negro Harry, the property of M_. Smith, was imme diately
arrested and committed for examination. On Monday morning, SEABORN's examination
took plice, and we have rarely witnessed more intense interest than was ex=

cited on the occasion = every part of the Court-house being crowded. The Attor=
ney-General attended in person and conducted the examination, which’ being closed,
the prisoner was fully committed for trial at the ensuing term of our Superior
Court, on a charge of Robbery and Arson, Negro HARRY was then examined, but the
evidence being deemed insufficient to justify his .commitment, he. was discharged

on the recognizance of his owner, We have endeavored in this notice to avoid as
much as possible going into the testimony of witnesses, as the whole matter will 4
hereafter undergo a resular judicia& investigation, The Prisoner is a young man
of respecatable appearance, rather good person, and has been in this city and
vicinity since June last, in the capacity of abrick-mason, He is, we understand,
from Cumberland County. It is proper to add that no connection has been traced
between this Fire and the more recent attempt to involve our City in ruins."
REGISTER AND NORTH CAROLINA GAZETTE, Raleigh, NC, 10-12-1932 (3:2.)

"UNFORTUNATE RALEIGH!$-We stop the Press to announce the occurrence of another

calamitous fire, which has again laid waste a considerable pportion of the business

part of our devoted City. .The AXM#K alarm was given about 2 o'clock this morning,

when the fire was discovered in the building at the corner of Fayetteville and

Hargett Ssreets, owned by RICHARD SMITH, Eso., and occupied by himself as a

Merchant and by Mr, M, HARDFORD, Tailor, As but a few hours have elapsed since

the fire was checked, it is not certainly ascertained in which division of the‘

house it originated, but the belief is general that it was the restlt of an

accident, The fire had attained such mastery, before the citizens could be

collected, that it was impossible, either by blowing up housés, or the use of our

small Encine, to‘cheek its progress until EVERY BUILDING on the main Street, be- :

tween the corner above mentioned’ and the Newbern Bank, was entirely destroyed,

The Bank itself was only saved by the counsel and intrepidity of a resolute and

determined few, The individual loss is very creat, though by far the greatest }

sufferer is Mr, Richard Smith. His loss in money, bonds, goods and houses,

cannot be less than $30,000, We have only time for this brief notice, In.our

nesxt, a detailed account will be given." REGISTER AND NORTH CAROLINA GAZETTE,

Raleigh, NC, 12-28-1832 (3/6.) ; }

"EXECUTION AND CONFESSION! ‘Ye learn from a friend in Fayetteville, that BENJAMIN

F, SEABORN, convicted of setting fire to the Store of Richard Smith, Esa., in this
City, in 1832, was executed in that town on ‘Friday last, pursuant to sentence, Not-

withstanding he protested most solemly, up to the day of his execution, that he was
innocent of the Grime for which he was doomed to suffer, yet, ‘he made a full con-

fession of his guilt under the gallows! He had no accomplice as has been generally
supposed, He slept in the counting room, and gained admissitn to the Store by a

key which fitted the lock of the intervening door, He took all the money he could
find, and to conceal the robbery, set fire to the Store with a candle, All the

money he obtained was subsequently ‘given up, except what had been previously spent
by him, He denied that he knew any thing of the origin of the more recent fires
which have taken place in this City. At the gallows, he was very calm, spent some


_. .

SEABORN = Nortch Carolina, 6-3-183); = Continued,

time in silent prayer, but in the last struggle, his sufferings were unusually

protracted, ™
REGISTER, Raleigh, NC, (8-18 34 (3:1.)

A count of conviction and sentence of death in REGISTER, 520-183), but the paper
is bound closely and cannot get all of it,


456 N.O.

miss appeal, and certificate should show day
on which court convened, name of judge who
presided, organization and action of grand
jury, indictment in full, impaneling and ac-
tion of petit jury, judgment, appeal entries,
and facets constituting abandonment of, or
failure to prosecute, appeal (C. 8S. § 4654 5
Rules 5 and 17 of the Rules of Practice in
the Supreme Court).

—>—__—

Booker T. Watson was convicted of murder
in the first degree, and he appeals. On mo-
tion by state to docket and dismiss appeal,

Appeal dismissed.

A. A. F. Seawell, Atty. Gen., and John W.
Aiken, Asst. Atty. Gen., for the State.

STACY, Chief Justice.

[1] At the August criminal term, 1934, Nash
superior court, the defendant herein, Booker
T. Watson, was tried upon indictment charg-
ing him with the murder of one Hines B. Wil-
liams, which resulted in a eonviction of mur-
der in the first degree and sentence of death.
From the judgment thus entered, the defend-
ant gave notice of appeal to the Supreme
Court. The clerk certifies that nothing has
been done towards perfecting the appeal, and
the time for serving statement of case has
expired. State v. Brown, 206 N. C. 747, 175
S. E. 116. No bond was required, as the de-
fendant was granted the privilege of appeal-
ing in forma pauperis. State v. Stafford, 203
N. C. 601, 166 S. EB. 734.

[2] The prisoner, having failed to make out
and serve statement of case on appeal within
the statutory period, or the time extended
(no extension of time was asked or granted),
has lost his right to prosecute the appeal, and
the motion of the Attorney General to docket
and dismiss must be allowed. State v. John-
son, 205 N. C. 610, 172 S. E. 219. It is custo-
mary, however, in capital cases, where the
life of the prisoner is involved, to examine
the record to see that no error appears upon
its face. State v. Goldston, 201 N. C. 89, 158
S. E. 926. This we have done in the instant
case, without discovering any error on the
face of the record. State v. Hamlet, 206 N. C.
508, 174 S. BE. 451.

[3] When an appeal is taken in a criminal
prosecution and execution of the judgment
stayed, as provided by C. S. § 4654, it is re-
quired of the clerk of the superior court that
he notify the Attorney General of the appeal;
and, if the statutory time for perfecting the
appeal has been extended, this fact should be

179 SOUTH EASTERN REPORTER

brought to his attention. State v. Etheridge,
207 N. C. 801, 178 S. E. 556.

[4] Even though execution of the judgment
is stayed, unless the defendant shall proceed
further and docket the appeal within the time
prescribed by rule 5 of the Rules of Practice
in the Supreme Court. the clerk of the superi-
or court, wherein the case was tried, should
certify the facts to the Attorney General of
the state, to the end that he may move tuo
docket and dismiss the appeal under rule 17.
State v. Hooker, 207 N. C. 648, 178 8. EE. 75;
State v. Lea, 203 N. C. 316, 166 8. EB. 202.
This certificate ought to show: (1) The day
on which the court convened; (2) the name
of the judge who presided; (8) organization
and action of the grand jury; (4) the indict-
ment (set out in full); (5) the impaneling and
action of the petit jury (the verdict should
be copied ipsissimis verbis); (6) the juds-
ment; (7) appeal entries; (8) facts consti-
tuting abandonment of the appeal, or failure
to prosecute it.

Appeal dismissed,

208 N. C. 149
STATE v. SENTELL.
No. 292.

Supreme Court of North Carolina,
April 10, 1935.

Criminal law €>1101

Where accused sentenced to death fail-
ed to timely serve statement of case on alr
peal, appeal was dismissed after search for
error on face of record (Rule 17 of the Rules
of Practice in the Supreme Court).

————

Lewis Sentell was convicted of murder in
the first degree, and he appeals. On motion
by state to docket and dismiss appeal.

Appeal dismissed.

A. A. F. Seawell, Atty. Gen., and John Ww.
Aiken and T. W. Bruton, Asst. Attys. Ged.
for the State.

STACY, Chief Justice.

At the January term, 1955, Cleveland su’
perior court, the defendant herein, Lewis
Sentell, was tried upon indictment chargi?

—

>For other cases see same topic and KEY NUMBER in all Key Number Digests and Indexes

SMITH vy. NEW YORK LIFE INS. CO. N.C. 457
179 S.E.

him with the murder of one Mrs. William
Drake, which resulted in a conviction of mur-
der in the first degree and sentence of death.
From the judgment thus entered, the defeud-
ant gave notice of appeal to the Supreme
Court. The clerk certifies that nothing has
been done towards perfecting the appeal, al-
beit the defendant was allowed thirty days,
from the rising of the court, within which to
prepare and serve statement of case on ap-
peal. The time for serving statement of case
has now expired. State v. Brown, 2066 nN. OG.
747, 175 S. EF. 116.

The prisoner, having failed to make out
and serve statement of case on appeal with-
in the statutory period, or the time extend-
ed, has lost his right to prosecute the appeal,
and the motion of the Attorney General to
docket and dismiss under rule 17 must be al-
lowed. State v. Watson, 207 N. C. , 179
S. E. 455; State v. Etheridge, 207 N. C. 801,
178 S. E. 556; State v. Hooker, 207 N. C. 648,
178 S. E. 75: State v. Lea, 203 N. C. 316, 166
S. E, 292. It is customary, however, in eap-
ital eases, where the life of the prisoner is
involyed, to examine the record to see that
no error appears upon its face. State v. Gold-
ston, 201 N. C. 89, 158 S. E. 926. This we
have done in the instant case without discov-
ering any error on the face of the record.
State v. Hamlet, 206 N. C. 568, 174 8S. E. 451.

Appeal dismissed.

GD

268 N. C. 99
SMITH v. NEW YORK LIFE INS. CO.
No. 307.

Supreme Court of North Carolina,
April 10, 1935.

!. Insurance €>643(1)

In action for disability benefits under
life policy, where insurer denied liability on
<ronnd that insured failed to disclose true
physical condition in application, court prop-
erly permitted insured to amend complaint
and set up plea of waiver (Code 1931, §§ 536,

2. Pleading €=333

When cause is properly before court,
court has diseretion to extend time for filing
of pleadings (Code 1931, § 536).

3. Insurance €=376 (1)

In absence of fraud or collusion between
insured and insurer’s agent, agent’s knowl-
edge, when acting in) scope of authority, of
conditions existing at inception of policy, will
he imputed to insurer, though policy contains
contrary stipulation,

4. Pleading €=248(5)

In action for disability benefits under lite
policy, where insurer denied liability on
ground that insured failed to disclose true
physical condition in application, amendme:!
of complaint to show that insured’s coné
was known to insurer’s agent and setting wy
plea of waiver held not demurrable on ground
that amended complaint substantially chans-
ed cause of action (Code 1931, § 547).

5. Appeal and error C87 ('/2)

Ordinarily, appeal to Supreme Ceurt
from discretionary order of trial court will be
dismissed.

pce he

Appeal from Superior Court, Pitt County;
Cowper, Special Judge.

Action by Edward Dalton Smith against
the New York Life Insurance Company,
From a judgment for plaintiff, defendant ap-
peals,

Affirmed.

See, also, 205 N. C. 348, 171 8. E. 330.

This is an action brought by plaintiff to
recover a certain amount of money, for total
and permanent disability, under a policy for
$5,000, issued to him by defendant, on Octo-
ber 9, 1926. The premiums have all been
paid.

A provision in the policy is as follows:
“Disability shall be considered total when-
ever the Insured is so disabled by bodily in-
jury or disease that he is wholly prevented
from performing any work, from following
any occupation, or from engaging in any busi-
ness for remuneration or profit, provided
such disability occurred after the insurance
under this policy took effect and before the
anniversary of the policy on which the In-
sured’s age at nearest birthday is sixty.”

It is contended by defendant that the dis-
ability occurred before the policy was issued,
That the plaintiff answered “No” in his ap-
plication to the following question: “Have
you consulted any physician for or suffered
from any ailment or disease of the skin, mid-
dle ear or eyes?”

In plaintiff's claim for disability benefits
made August 19, 1932, he answered questiong
as follows:

€=For other cases see zame topic and KEY NU
179 S.E.— 2014

MBER in all Key Number Digests and Indexes

<p eng

PINITEA

fei

GEGl-zi-L S(pueTeaeTO) euTToseD yyAoN fpeqnoouqoete feqytyum fstTnol *FITALNAS

Shs Sc A Soh sate aka ee

LOOT Ss OTL Te

Bee

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Ph SY 3

mgt

POET TIE FLEET REY

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eS ee Ley genes ae

468 N.C, 194 SOUTH EASTERN REPORTER
fendant Wynne, the clerk, he is estopped Western Railway Company. Judgment for

to complain by his own negligence. Tol- defendant, and plaintiff appeals.
man v. American Nat. Bank, 22 RI. 462,

48 A. 480, 52 L.R.A. 877, 84 Am.St.Rep, This j :
850; N.C.Code 1935 (Michie), § 3003.” OA Minis ee ee

For the reasons given, the judgment of éd when he was strack bye wen ener
the court below is reversed. and operated by the defendant on a grade
crossing in the city of Durham.

At the close of all the evidence, the de-
fendant moved for judgment as of nonsuit,
The motion was allowed, and the plaintifé
duly excepted.

From judgment dismissing the action as
of nonsuit, the plaintiff appealed to the
BULLOCK v. NORFOLK & W. RY. Co. Supreme Court, assigning error in the judg-

ment.
No. 751.

Jas. R. Patton, Jr., and John C. Harmon,

Jr., both of Durham, for appellant.

Whitwell W. Coxe, of Roanoke, Va., and

No error.

Supreme Court of North Carolina.
Jan. 5, 1938.

EPS

STATE v. SERMONS N.C. 469
194 S.E. r

main line, he was looking to his left, ob-
scrving a switch engine which was standing
on a side track beyond the main line. He
did not see the train which struck him
until just before it hit him. If he had
looked in the direction from which the
train approached the crossing, he could
have seen it, notwithstanding the cars
which were standing on the side tracks
to the east of the main line.

By his failure to look to his right, before
he stepped on the main line, plaintiff by his
own negligence contributed to his injuries,
and, for that reason, he cannot recover on
this action damages for the injuries which
he suffered when he was struck by defend-
ant’s train on its main line, at the crossing.
Rimmer v. Southern R. Co., 208 N.C. 198,
179-S.E.°753.

There is no error in the judgment dis-

examination of record for errors oun its face,
found no defect.

—__+——_

Appeal from Superior Court, Forsyth
County.

James Sermons was convicted of first
degree murder, and he appeals, and the
State moves to docket and dismiss the ap-
peal.

Motion allowed and appeal dismissed.

Motion by State to docket and dismiss
appeal.

A. A. F. Seawell, Atty. Gen., and Harry
McMullan, Asst. Atty. Gen., for the State.

STACY, Chief Justice.
At the September term, 1937, Forsyth

Be kt i OT aa BAI i SON RCH MOP wi sacha sins cies

a 1. Railroads €=330(2) Guthrie & Guthrie, of Durham, for appellee. mince Phe Aion. superior court, the defendant herein, James ‘3
me Where gates which railroad maintained Affirmed. Sermons, was tried upon an indictment f r™ }
f at a grade crossing as required by municipal . CONNOR, Justice. charging him. with the murder of one Car- oa
ordinance were raise stris "as jdus- ‘ i . ; ey 4
= a aha t e d, a pedestrian was jus [1,2] It is conceded that there was evi- Chena jile Miller, which resulted in a conviction tt
. mec in assuming that he could cross rail- dence at the trial of this action which was Ob pneiey Sy tie Nem Coe ee eee 4
3 4 road tracks in s : aN $ 2 ae
t: ad tracks in safety. sufficient to show that the plaintiff Serb tn of dent by Ot ae a Se ee is (}
ne e ° . T r = . ¢
+ ee 2. Railroads €=348(3, 4) jured by the negligence of the defendant, ment : us mer <r on ho a!
% = I NGabeton’ . ; ; as alleged in the complaint Joh 4 212 N.C. 767 Lege -Qh SPCR te Me Pee Se ae
: ‘a ‘n pedestrian’s action against railroad Adante ¢ ij P : aa ek STATE v. SERMONS. was allowed 40 days within which to make “
4 23 for injuries sustained when a train struck 170 Se fon ine R. Co., 205 N.C. 127, No. 727 out and serve statement of case on appeal, s
r ce him at a grade crossing, evidence that the ar day Eos ga and the solicitor was given 30 days there- i)
be crossing gates were raised at the time of the At the time the plaintiff entered upon the Supreme Court of North Carolina, after to prepare and file exceptions or coun- a
2 accident and failure to give timely warning CTOSSing, the gates which the defendant Jan. 5, 1938 ter case, but nothing has been done towards ‘;
ne by signals or otherwise of train’s approach Maintained at the crossing, as required by gi : perfecting the appeal, albeit the prisoner i

held to show that railroad was negligent. 4M Ordinance of the city of Durham, were
raised. For this reason the plainti FE:
3. Railroads ©=330(2) justified in assuming that he sey ee
A pedestrian who knew that he would fendant’s tracks in safety. Oldham v. Sea-
_ Pass over 14 railroad tracks at a grade cross- board Air Line R:>Co.; 2Z10- NC. 642 188
ing was required to use reasonable care for S.E. 106. The evidence for the plaintiff
his own safety, although the crossing gates tended to show that the defendant f

ailed
were raised when he entered crossing.

to give timely warning, by signals or other-
wise, of the approach of its train on j
4. Railroad in ik ; i 2 poe
. vee Oe Sorta main line to the crossing. This evidence
pedestrian who could have avoided was sufficient to show that the defendant

injuries he sustained when a train struck was negligent, as alleged in the com slaint
him at a grade crossing by looking to the : cs ea .

right before stepping on the main line in- [3,4] However, plaintiff knew that he
stead of observing a switch engine to his left would be required to pass over fourteen
standing on a sidetrack beyond the main ‘@cks of the defendant before he could
line, was contributorily negligent precluding reach a place of safety. Under these cir-
recovery from railroad for injuries sustain. CU™Stances, he was required to use reason-
ea able care for his own safety, while on the

crossing, notwithstanding the gates were

raised at the time he entered the cross-
am iS He testified that if he had looked to

his right before he stepped on the main line,
he could have seen defendant’s train ap-
Action to recover for personal injuries proaching the crossing and could have
by W. E. Bullock against the Norfolk & avoided his injuries. As he stepped on the

—_>_—.

Appeal from Superior Court, Durh
County; R. Hunt Parker, Judge.

Criminal law €=1099(3)

Defendant who was allowed to appeal in
forma pauperis from conviction for first de-
gree murder lost his right to bring up case
on appeal for failure to serve statement of
case on appeal within time allowed, and
hence defendant could not resist Attorney
General’s motion to docket and dismiss ap-
peal,

2. Criminal law €=1134(1)

In capital cases, the Supreme Court will
examine the record to see that no error ap-
pears on its face, even though defendant has
lost his right to bring up case on appeal,
since such errors, if any, are cognizable of
the court’s own motion.

3. Criminal law €1134(1)
Aa appeal from conviction for first de
free murder was dismissed on Attorney

Generai’s motion to docket and dismiss
where defendant, had lost his rizht to bring

up case on appeal, and Supreme Court, on

‘ was allowed to appeal in forma pauperis,

and the time for serving statement of case
on appeal has now expired. State v.
Brown, 206 N.C. 747, 175 S.E; 116.

[1,2] Having lost his right to bring up
the “case on appeal,” State v. Moore, 211
N.C. 686, 191 S.E. 840, the prisoner is. in
no position to resist the motion of the At-
torney General to docket and dismiss, State
v. Johnson, 205 N.C. 610, 172 S.E. 219;
State v. Rector, 203 N.C. 9, 164 S.E. 339.
As is customary in capital cases, however,
we have examined the record to see that no
error appears upon the face thereof, such
errors, if any, being cognizable sua sponte.
State v. Robinson, 212 N.C. 536, 193 S.E.
701.

[3] We have discovered no defect on
the face of the record proper. State v.
Edney, 202 N.C. 706, 164 S.E. 23; State v.
Hamlet, 206 N.C. 568, 174 S.E. 451.

Motion allowed. Appeal dismissed,

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219 N.C. 543
STATE v. GRAHAM.
No. 577.

Supreme Court of North Carolina.
May 7, 1941.

Criminal law C1101

Where clerk certified that time for per-
fecting appeal in forma pauperis from mur-
der conviction with death sentence had ex-
pired and case on appeal had not been filed,
and defendant's counsel stated in letter to
attorney general that appeal would not be
perfected but that defendant would seek
commutation of sentence from governor, and
record was apparently free from error, mo-
tion of attorney general to docket the case,
aflirm the judgment, and dismiss the appeal
was allowed.

ns

Cornelius Graham, alias Neil Graham, was
convicted of murder, and he appeals. On
motion by the State to docket the case, af-
firm the judgment, and dismiss the appeal.

Motion allowed.

Harry M. McMullan, Atty. Gen., for the
State.

STACY, Chief Justice.

At the January-February Term, 1941
Columbus Superior Court, the dcfoudant
herein, Cornelius Graham, alias Neil Gra-
ham, was tried upon indictment charging
him with the murder of one Jenkins Robin-
son, which resulted in a conviction of mur-
der in the first degree and sentence of death
as the law commands. From the judgment

‘thus entered, the defendant gave notice of

appeal to the Supreme Court and was allow-
ed 40 days to make out and serve his state-
ment of case on appeal, and the solicitor
was given 25 days thereafter to prepare and
file exceptions or countercase.

The Clerk certifies that “the time for per-
fecting appeal has expired and case on ap-
peal has not been filed in this office”. State
v. Stovall, 214 N.C. 695, 200 S.E. 426. In
a letter to the Attorney General, counsel for
defendant states that the appeal will not be
perfected. ‘We have decided to go to the
Governor asking commutation of sentence
to life imprisonment”. No bond was re-
quired as the defendant was granted the
privilege of appealing in forma pauperis.
— v. Stafford, 203 N.C. 601, 166 S.E.
474,

14 SOUTH EASTERN REPORTER, 2d SERIES

As the record is apparently free from er-
ror, the motion of the Attorney Genera!
will be allowed. State y. Flynn, 217 N.C
345, 7 S.E.2d 700. Rafe

Judgment affirmed. Appeal dismissed.

fe} KEY NUMBER SYSTEM

amis

219 N.C. 544
STATE v. SHAW.
No. 578.

Supreme Court of North Carolina.
May 7, 1941.

Criminal law 1101

Where accused who was convicted of
first degree murder and given death sen-
tence was allowed to appeal in forma pau-
peris, and clerk certified that time for per-
fecting appeal had expired and no case on
appeal had been filed in clerk’s office, and in
letter to Attorney General stated that coun-
sel for accused advised clerk that he did
not intend to file case on appeal, and no er-
ror appeared on face of record, motion of
Attorney General to docket case, affirm judg-
ment and dismiss appeal was allowed. z

—_—~—__

James Shaw was convicted of first de-
gree murder, and he appeals. On motion
to docket case, affirm judgment and dis-
miss appeal.

Judgment affirmed, and appeal dismissed.

Harry M. McMullan, Atty. Gen., for the
State.

STACY, Chief Justice.

At the January-February Term, 1941,
Columbus Superior Court, the defendant
herein, James Shaw, was tried upon in-
dictment charging him with the murder
of one James lTreeman, which resulted
in a conviction of “first degree murder”
and sentence of death as the law commands.
From the judgment thus entered, the de-
fendant gave notice of appeal to the Su-
preme Court and was allowed 40 days
within which to prepare and serve his
statement of case on appeal, and the solici-
tor was given 25 days thereafter to pre-
pare and file exceptions or countercase.

i

RYALS y. CAROLINA CONTRACTING CO. N.C. 531
14 S.E.2d 531

The clerk certifies that “the time for per-
fecting appeal has expired and no case
on appeal has been filed in this office”.
In a letter to the Attorney General he
states that counsel for the defendant “has
advised me that he does not intend to file
case on appeal”. No bond was required
as the defendant was allowed to appeal
in forma pauperis.

As no error appears on the face of the
record, the motion of the Attorney Gen-
cral will be allowed. State v. Watson, 208
N.C. 70, 179 S.E. 455.

Judgment affirmed. Appeal dismissed.

mate or concurrent cause thereof, and failed
to instruct adequately as to intervening neg-
ligence or sudden emergency doctrine, was
erroneous and required reversal. C.S. § 564.

CLARKSON and SEAWELL, JJ., dis-

senting.
Cn senna

Appeal from Superior Court, Johnston
County; J. Paul Frizzelle, Judge.

Action by W. C. Ryals against the Caro-
lina Contracting Company for injuries al-
legedly sustained through defendant's fail-
ure to give proper warning of the danger-
ous condition of a highway under construc-
tion. From a judgment for plaintiff, de-

fendant appeals.

New trial.
Civil action for recovery for injury al-

legedly resulting from actionable negligence
of defendant.

219 N.C. 479

RYALS v. CAROLINA CONTRACTING CO.
No. 237.

Supreme Court of North Carolina,
May 7, 1941.

1. Automobiles €=308(9, 11)

In motorist’s action against contractor
for failure to give proper warning of danger-
ous condition of highway under construc-
tion, wherein contractor pleaded contributory
negligence, evidence made case for jury.

2. Constitutional law €=—70(3)

The wisdom of policy on which statute
relating to instructions was enacted, and in
accordance with which it has since been
maintained as the law, is not for the courts
to determine. C.S. § 564.

3. Trial €=203(1)

The failure of presiding judge to declare
and explain the law arising upon the evi-
dence is error. C.S. § 564.

4. Appeal and error €=1064(1)
Automobiles €=309(1, 2, 4)

In motorist’s action against contractor
for failure to give proper warning of dan-
gerous condition of highway under construc-
tion, charge which placed burden of proof,
gave general principles governing negligence,
contributory negligence, and proximate
cause, and summarized parties’ contentions,
but failed to declare and explain duties im-
posed on plaintiff and defendant, failed to
instruct as to breach of such duties and re-
lation of such breach to injuries as proxi-

In the trial court, the evidence briefly stat-
ed tends to show that on 12 October, 1938,
the date of injury to plaintiff, U. S. High-
way No. 301, also numbered U. S. 70, be-
tween Smithfield and Selma in this State,
had an old paved surface 18 feet in width;
that defendant was engaged in constructing
an additional strip of concrete 6 feet wide
along and adjoining the west edge of said
old pavement, and had finished same with
exception of space 40 to 60 to 100 feet at
the point where Buffalo Creek passes un-
der the highway; that there was a con-
crete culvert under the highway through
which the water of that creek flowed; that
in said unfinished space the surface was
10 to 12 inches below the paved surface of
the highway; that adjacent to this unfin-
ished portion, the old pavement was intact
to its full width, and open to traffic.

Plaintiff offered evidence tending to show
that between seven and eight o'clock on
the night of above date, while he was
traveling north in his automobile, from
Smithfield to Selma, at a rate of speed 30
to 35 miles per hour, along his right hand
side of the old pavement, and approaching
Buffalo Creek, an unidentified truck travel-
ing south from the direction of Selma to-
ward Smithfield, at a rate of speed 25 to
30 miles per hour, on its right hand side
of the road, was also approaching Buffalo
Creek; that each of them dimmed the
lights on his vehicle; that suddenly the
truck turned to its Ieft side of the raad,
“coming across the corner of the road”.
into the lane in which plaintiff was travel-

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FAZETT E
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NAME

Joh SHALLINGTON

PLACE — CITY OR COUNTY DOE & MEANS

SWiw lh, GREENE Co. NC | 4-12-1878
| B
MURDER Aue. {877 OTHER
SERENA THOMPSON B_| Gunshor

MOTIVE

SYNOPSIS

Victim Was Nisckeants Srer-DsuenTer. He Contesseo CRIME

Jo His Brotower Iw FrwvaTvé Bur Demep (7 /ubstchy To THe LAST.

No OTWER DETAILS.

TRIAL

APPEALS

LAST WORDS

EXECUTION

SOURCE

FRANK NEWTON OFFICE SUPPLY-ODOTHAN

RichMonn DisPatcH 4-13-1878 3:5


SHEDD, Curtis, white, ee NCSP (Macon County) on er 23, 1951.

alt = strec
RAN | Vw T CAROL A 2873
a ; }- 3600 2
from the Franklin Press March .22;.. 3954

Turtis Shedd is scheduled to die in the gas
Chamber at Raleigh tomorrow (Friday) .

Shedd's death sentence was uphelc by the state
supreme court when his case came up for review March 7,
and the execution of the convicted slayer of two girls
automatically was set for March 23.

Although no appeal was perfected by Shedd's
attorneys, the hich court reviewed his case and
found no error in the lower court's judgments.

The 29-year-old Walhalla, S. C., Slayer was
convicted here curing the December term of court
by a special Jackson County jury for the slaying
of Jo Ann Boyter, 8, and Johnnie Mae Boyter, 14,
whose bodies were found near the Highlands garbace
dump August 12.

Sentenced to die January 26 by Judge J. Will
Pless, presiding judge, Shedd's execution was delayed

until the supreme court reviewed his case.

Re

National guardsmen standing guard 7 Oronee
County jail to prevent possible lynching. ta r
it was estimated that almost 1500 irate rs izen
gathered there after the news of the confession.

ren’ ight nor the next
‘But they weren’t, not that nig
‘day. The grandmother confessed her worry, but.
the mother of the two girls still was not alarmed.
“John’s with ’em,” she said. “He won't let any
* harm come to Johnnie Mae and Jo Ann. He had
some money when he left yesterday to go to
school. Enough to get home from wherever he’d
¥ to.” ‘ ;
:  Teaniéis passed, still without word from her
husband or daughters. Finally Mrs. Boyter, néw
frankly worried, went into Walhalla, where she
sought out Sheriff Eddie Weathers, determined
to get an explanation for the prolonged absence
f her family. ca
a Had there been any accidents, anything the
: sheriff had heard about, that might eapeane the -
q absence of her husband and the girls? te
Fee eae There was nothing, although, as the s yin
3 : put it, so far as he was concerned it was cn :
ie a : » enough for Mrs. Boyter to have members of her
i * -family out in Shedd’s company. = 8
“He’s a bad one,” Weathers said. Only just
got out of the pen over in Georgia after doing
time for a robbery.” ia
“We knew about that,” the mother ange gn
and Curt, they’re both ‘veterans, going o the
trade school: here in town. John didn’t -figure a

The alleged slayer. Fear and the menacing noise
of the mulling per’ outside made him want to get

something off his mind, so he told another story.

a SR ee a ea

man’s mistake ought to be held
against him forever. He and Curt
got along real well. Rode in to school
together-every day. If you hear any-
thing, sheriff, will you let me know?”

EATHERS phoned Sheriff Lamon

Queen at Clayton, the seat, of
Rabun County in Georgia, adjoining
his own bailiwick of Oconee County
in the northwest corner of South
Carolina. Shedd lived in Clayton.
Sheriff Queen, who knew him well,
had not seen him around town for
several days. :

Friday passed, and Saturday, and
still there was no word and no sign
of John Boyter or the girls. And in
Clayton, Sheriff Queen reported that
Curtiss Shedd, too, was absent. from
his usual haunts. On Sunday, Queen
got in touch with his Colleague in
Walhalla. i

“I don’t favor kicking up a stew
“over nothing,” the Georgia official
said, “but I just’ got wind of some-
thing over here I don’t much like.”

Curtiss Shedd, said Queen, had
served a two-year term in prison for
the armed robbery of a _ taxicab
driver near Clayton. Two other men
had been convicted along with him.
Shedd was the only one of: the trio
thus far freed from’ the pen.

“One of his accomplices has a
cousin hereabouts, a Luke Mayberry,
who’s bad medicine,” Queen told
Eddie Weathers. “Mayberry got
tanked up a few nights ago and was
shootin’ off his mouth that Curt
Shedd turned stool pigeon to get him-
self off at the expense of his two con-
federates. I happen to know it isn’t
so. Curt got a break because of his
Army record. But Mayberry thinks
different.”

“What’s Mayberry got to say for
himself?” Sheriff Weathers asked.

“IT got a couple of my boys out
looking him up right now,” Queen
said. “But it’s going to be like run-
ning a fox over the hills to find him.
And when we do, he won’t know a
thing. I’m telling you this just to
Prepare you for some real bad news.”

Boyter, the bewildered

Deputy Waddy. P. Grant with Christine
and heartbroken
mother of the two young girls. Tragedy
struck three times at her with one blow.

“Monday came and went. By nox,
Mrs. Pace was distraught, Mrs. Boy-
ter puzzled and stunned by the mys-
terious disappearance of her hus-

_band and the two girls.

“Do you really believe,” sheriff
Weathers asked Christiz.e, .“that
John sent Curtiss Shedd to your
mother’s after the two giris?”

But by now nothing made any
sense. If he had not been sent to get
the girls, what could his motive have
been? Why would he have wanted
them along? Mrs. Boyter stared
helplessly. “What do you make of it,
sheriff?” =

Youthful Eddie Weathers wished
he knew. In his experience as a law
enforcement officer, he believed that
the five days’ absence of Shedd, John

Esyter and his daughters could add ©
up only to foul play. But for what ==
reason? By whom? And where could
the victims be? :

On Tuesday, Sheriff Queen’s depu-
ties, across the line in Georgia, came
in with Luke Mayberry, a shifty-eyed: '
little denizen of the hills who openly
admitted his dislike for Curtiss
Shedd but swore he had not harmed ~
the man, had not seen him or any of
the Boyters since the quartette van-
ished. 2 x

On Wednesday afternoon two
berry pickers wandered down a nar-
row dirt road that led from Pine
Mountain, Ga., on the main highway _—
between Walhalla and Highlands;
N.C., to the city of Clayton, Ga.- -

* (Continued on Page 54)


IAP)

Op?

f,
<

UA "bathh

©

HE two girls were glad enough of the prospect
T of an outing and Mrs. Pace, their grand-
‘mother, saw no reason to forbid them to go.
~ After all, Curtiss Shedd was their father’s friend:
and if John Boyter wanted his daughters to ac-
company him and Shedd for a ride on.a stifling
summer's afternoon, it was certainly his privilege
to take them.
Mrs. Pace, W
were living, mention

vy

ith whom the three Boyter children

ed the incident to her daugh-

ter when she stopped at the Boyter home, two .

miles north of Walhalla, Ss. C., later that after- -

noon of August 3, 1950. Christine Boyter wrung ‘4 : “ ae

: ; today,” she said. dully. -
and it’s
whe

VIVE 0

WS

_~ Johnnie Mae Boyter, [4. at upper left, and Jo
“kon Boyter, 8, lower left: disappeared .after
_« leaving: with their father's friend for a. drive.

_‘Theic bodies were found. in a tangle of thicket.

ee

L

yoiew uo (A4uno9 ud
W (A4unop uosyoer) gson pegetTxAudse feqtum ‘stqano ‘qqHHS 3
~ i - = _—

ess Ne gta

A pes

able, Sheriff
- through an electric light bill in one

UNDERWORLD

“About a mile southwest of Pine
Mountain, the stench of death sent
them poking into the underbrush be-
side the lonely thoroughfare. There
they came upon the severely decom-
posed body of a man. They retreated
to the road and hurried through the
scorching afternoon to Pine Moun-
tain and a phone.. vie,

Although the corpse obviously had
lain beside the road for several days,
and the features were unrecogniz-
Queen identified it

pocket. It was that of 38-year-old

see | ohn Boyter. A shotgun charge had
been fired at close range into his left

breast near the heart.

The remains were taken at once
to Atlanta, where Dr. Herman Jones,
the Fulton County. toxicologist, af-
firmed the fact of murder and said
Boyter probably had been slain the
day he left home, one week before.

What then was the fate of pretty
Johnnie Mae? And of her little sis-

- ter? And of Curtiss Shedd?

N ALARM was proadeast for
Shedd’s 1939 Chevvy, and Woody
Wilson, an agent ‘of. the Georgia
Bureau of Investigation, was 48-
signed to work with Sheriff Queen in
ferreting out the truth about Boy-
ter’s death and the disappearance of
Shedd and the girls. :

Shedd had not appeared at his
home, thus leaving Queen and De-
tective Wilson with but two theories
on which to proceed.

Either he had slain Boyter and
had kidnapped or killed. the girls,
they reasoned, or he, like Boyter,
had been killed and his body. hidden
somewhere in the hill country. That
Johnnie Mae and Jo Ann would ever
be found alive, both Wilson and
Queen agreed was pretty improbable.

There was just one chance of res-
cuing the girls. If they had been
kidnapped by Shedd, or by some
beast who slew their dad and Shedd
to get Johnnie Mae, they still might
be found. And, slim as that possi-
bility appeared, the Georgia officers
resolved to make the most of it.

They alerted every crossroads
hamlet, every village in the county
and asked volunteers to hunt -out the
scattered cabins in a search for the
Boyter girls. Local constables were

54 Y

on the lookout not only for Curtiss.
Shedd, but for any stranger, par-
ticularly one who might be buying
food or clothing especially suitable
for young girls.

Across the state line in South
Carolina, Sheriff Weathers mean-
while took similar measures in ex-
panding the hunt for the sisters,
while officers in other. nearby
Georgia and North Carolina counties
set their own machinés in motion to
cover the hill country inch by inch.

On Saturday afternoon, Sheriff
Queen left. his office and crossed
from the courthouse square to the
business district of Clayton. He
walked past a line of cars at the
curb, stopped suddenly and retraced
his steps to an old sedan. It was Cur-
tiss Shedd’s machine. .

He whirled ‘abruptly into the pool-
room before which the Chevvy was
parked. Inside he found Shedd,
calmly downing a soft drink.

Five minutes later saw Shedd in
Queen’s office, his forehead knit in

puzzlement — real or feigned —
while the sheriff and Wilson ques-
tioned him.

He knew nothing, he said, of what
had happened to John Boyter, to
Johnnie Mae, to Jo Ann.

Shedd admitted taking Boyter and
the girls for a ride. He said they
drove northwest out of Walhalla over
Route 28 to Highlands, N.C., then
turned and started back. His motor
overheated in the hills, Shedd said,
and when he had to stop, Boyter and
the girls got out and said they’d take
a bus down to Walhalla. :

“J finally got the old heap to run-
nin’ again,” the 29-year-old eX-
convict said. “I drove home, puttered
around a bit, and then lit out for At-
lanta. I been there till today.

“J didn’t know John was dead till
you just told me. And that’s a fact.
I got no idea what happened ‘to the
girls, though my guess is that they
and their dad hitched a ride with
the wrong man, after they left me.”

EITHER Queen nor Wilson believed

Shedd’s story. They took him
to Atlanta. Whisked through the city
streets, he pointed out several
places he claimed to have visited
during the time he said he was in
Atlanta, but when officers ordered

UTCHERING BEAST

(Continued from Page 25)

him to take them to the side street
hotel where, he said, he had been
staying, he could not find it.

It was a three-hour run back to
Clayton. En route, both Wilson and
Sheriff Queen hammered away at
Shedd until finally he grew sullen.

Sheriff Weathers and State Con-
stable Waddy Grant of Walhalla
were in Clayton when the suspect
was returned.

Weathers and Grant chatted with

“ Shedd for some time. At last, Weath-

ers said, in @ casual drawl: “You
shouldn’t have taken John’s new wal-
let after you shot him. Folks remem-
bered that. wallet, every time you
hauled it out.”

“Quit tryin’ to bluff, sheriff,”
Shedd sneered. “J never showed
John’s wallet to nobody. But I reckon
you folks down in Walhalla wouldn’t
be quite as rough on 4 fellow as they
would here in Clayton, so Vl tell. you
what really did hap a

pen.
“Go ahead, Curt,” Weathers said. -

“What’s the story sagt
-.“] killed John, -all right,” the
young ex-convict confessed. “I killed
the girls, too, but I didn’t want to do
it. She held a gun on me and made
me do it.”
“Who made you do it?”
“Christine Boyter, that’s who.
She got me to invite John and the
girls for 4 ride, then stop by her
place and pick her up- She had a

pistol. She knew I carried my shot |

gun in the pack to pot a squirrel now
and then. After we rode out of Wal-
halla apiece; she come UP with her
pistol and told me I had to shoot
John.” :

“And you did?” .

“What else could I do? Then I
choked the girls. We drove out to the
Pine Mountain Road and shoved John
into the bushes. Then we went on up
southwest of Highlands, and threw
the girls in some brush down off a
cliff.”

“But why

dead?” :
“You figure that out for yourself,

sheriff,” Shedd smirked. “Now let’s
get down to your jail.” :
Implicating Mrs. Boyter seemed
the hysterical action of a trapped
man, and the officers were sure he
was lying. But that could be checked
later. Meanwhile there were several

did she want them

pid tise tp Sees

LEP

See eee:

_more important things to do first.
Weathers and Grant and the Ra-
bun omnes officials took Shedd
across into North Carolina. Depu
Sheriff Walter Dean and Pts tried
Thad D. Bryson, Jr., the prosecutor
of Macon County, N.C., met the
party in the town of Highlands, just
across the Georgia line and went
with it down the scenic Dillard high-
‘way, for about -five miles before
Shedd told Sheriff Weathers to stop
the car.

It was barely daylight, but Shedd
picked his way through the brush to
a spot where a bluff dropped about
fifteen feet into a tangle of thicket.
Here the officers could smell decay-
ing flesh and, at the base of the
cliff, they found Johnnie Mae’s body.
A short distance away, Jo Ann also
lay dead, with a belt looped around
her throat. The older girl’s black
patent leather pocketbook was picked
up a few feet from her corpse.

TT bodies were sent to Atlanta for
examination by Dr. Jones, and
Curtiss Shedd, seemingly untroubled
by his confession of three murders,
was driven to Walhalla, for he said
slayings occurred in South Caro-

Mrs. Boyter was at her mother’s

ATO IES RF ALT

when Sheriff Weathers arrived to - fi

take her to the jail to face Curtiss
Shedd. Her wide eyes were blank
with shock and disbelief as the
sheriff told her of the ex-convict’s ©
accusation. :

“I was home all day when John
and Johnnie Mae and Jo Ann went
away,” she said over and over, and
it was obvious she was telling the
truth. “You can ask my mother.”

Mrs. Pace told of her visits to the
Boyter home after Curtiss Shedd
drove off with the two girls, of see-
ing her daughter later that Wednes-
day evening. But still Shedd insisted
ee eerie Boyter had forced

im to shoot Jo
ae hn and strangle the

“Now,” he boasted, “I’ll tell the
whole story. John and the girls and
I picked Christine up and -went out
in the country. There John tried to
get me to— make love to Christine
30 he could divorce her. I wouldn’t
do it.

“We drove some more, and John
asked me again. I still wouldn’t do it.
ers they all turned against me.
Christine pulled the gun. She made
me shoot John. She and Johnnie Mae
araaeed him off into the bushes.

hat was up in Georgia, between

taken. Then a burglar alarm
installed. It failed to sto ° Bre
bers who ee s2000 an Nox is:
An armed guard then was
placed_on duty at the front door,
and so vigilant was he that
customers had to convince the
guard their business was legiti-
mate before he’d let them inside.
The two young men who robbed
the bank on Jan. 14 got past him
when one of: them waved a bill at
him asking for change: Once in-
side they staged a holdup and
made off with $1917.

Pine Mountain and Clayton.

That was the last straw.

“Then we drove on u ti
p past Hi
lands. There Christine choked the
little girl, and I took care of Johnnie.
oe nagar gis we came back to
alla, and Christi :
depen ristine got out at —
Neither Weathers nor Co
" mstabl
Grant believed a word of this. They
were both convinced that Mrs. Boy-_
ter was completely innocent, that she
had not left her home on the third of
August. But a coroner’s jury, at an
inquest in Walhalla, charged Shedd
phar ed ogee and ordered Mrs
er held for id j i i-
pag grand jury investi-
Meanwhile, with the com i
ule, pletion of
se Spee autopsy, funeral services
pti eld for Johnnie Mae and Jo
Beside the graves, banked hi
bet flowers, stood Mrs. aaa
en to the servi iff
9 ces by Sheriff
The last farewells were said. The
little throng left the cemetery, ‘some
to go to their homes, but a good
many to go to the courthouse square,
where Curtiss Shedd was being held
in a county jail ceil.
The knots of millin :
: c g men grew. .
From his office, Sheriff Weathers
pareeoee ~ a multiply in the ~
ring dusk with i
hension. glia tare
The crowd grew. The sound of
their voices increased to a menacing
hum. Weathers called state police
headquarters. Over the highways
leading to Walhalla, sirens began to
wail as 50 highway patrolmen raced
in to guard the Oconee County jail.
In Seneca, nine miles away, Bat-
tery A of South Carolina’s National
Guard <field artillery regiment was
already mobilized for maneuvers and
possibly for duty in Korea. A tele-
phone call and 65 guardsmen loaded
into trucks and rushed to Walhalla
to take up posts around the jail. :
By midnight, some 1500 citizens
were milling around the courthouse.
The guardsmen stood rigidly at their
posts with bayonets fixed, and high-
way patrolmen and other law en-
forcement officers moved among the
townsfolk, urging them to break up
the mob and go home.

N HIS cell, Curtiss Shedd heard the
menacing noise of the mob, which
ing packed in Front Street before
e two-story jail. He asked s
Sheriff Weathers. = i.
F ee it look?” he asked fear- +
ully when the sheriff
his cell. es agi
“They’re not going to hang you if

55


FAMOUS POLICE CASES,
January, 1951.

"

>
77
se

s

abi

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a
a's

By JONAS BAYER

bandana handkerchief and looked up at the sky.

The blazing August sun, an enormous splash of
gold faintly veiled by a blue haze mantling the moun-
tain caps, was at its meridian. The wagon wheels
creaked in the deep ruts of the narrow road, and
dust from the parched earth swirled like powder from
*the listless hooves of the dappled mare. A touch on
the reins brought the steaming animal to a halt in
the shade of a sweet-smelling pine tree.

J> RASKIN mopped his forehead with a red

one ©
pes fate

Lazily
Raskin c
time to }
you, neit
still a fa

* While
tin lunc)
the tree:
became
odor wh:

‘ source o
‘man’s b
composit
stained

Heedle
whipped


y JONAS BAYER

head with a red
ked up at the sky.
normous splash of
1antling the moun-
The wagon wheels
narrow road, and
d like powder from
mare. A touch on
nimal to a halt in
ie tree.

Lazily switching her tail, the mare turned her head.
Raskin chuckled. “Can’t fool ySu, Daisy, not when it’s
time to put on the old feed bag. Reckon I can’t blame
you, neither. Ain’t no fun hauling logs today, and it’s
still a far piece to the saw mill.”

While Daisy munched placidly on her oats, Raskin,
tin lunch box in hand, sought for a cool spot under
the trees. As he rustled through the undergrowth, he
became increasingly aware of a sickeningly sweet
odor which he.recognized as the stench of death. The

‘ source of the nauseating smell was not far away. A
‘man’s body, already in an advanced stage of de-

composition, lay sprawled over a ‘bare patch of brown-
stained soil.

Heedless of his‘ untouched noon repast, the farmer
whipped the nose bag from his surprised horse. She

he realize ) office atte
nal moe’

was even more startled to find herself lumbering down
the road, at a speed she had not attained for many
a year, towards the Highlands-Franklin Highway,
which unspools like a silver thread through the pic-
turesque heights of the Blue Ridge Mountains.
Enlisting the aid of a passing motorist, Jeb Raskin

sent word of his grisly find to Sheriff Lamon Queen,

at his office in the town of Clayton, seat of Rabun
County, Georgia.

A preliminary examination of the corpse by Acting
Coroner A. C. Green, who accompanied the sheriff to
the spot, revealed that the unknown victim had been
slain by a shotgun blast discharged at close quarters.
The acting-coroner tentatively decided that death
had occurred a week before.

A search of the remains produced nothing to iden-
tify the dead man, who was clad in a pair of khaki
trousers and a striped ‘basque shirt. No wallet or valu-
ables weré found in his clothing.

The stained earth indicated that the victim had
bled copiously at the spot where he was found, thus
establishing the immediate (Continued on page 78)

29


“J can stop them,” Weathers prom-
food her he added, “But there’s a
‘eouple of. thousand of them, out
there by now.” 7 :
““Look, sheriff,” the ex-convict
-_~ gaid, his features pale and beads of
> 3 = sweat glistening on his skin. I want
i ¥ +. to get something off my mind. Chris-
os tine — Mrs. Boyter — she didn’t
have anything to do with it. I just
that up.” z
See koovel Uk all along,” Weath-
ers said flatly. ‘See that you remem-
- as ber it after we handle the mob out-
ee th presence of the national
E guardsmen and the heavy details of
a police may have prevented a lynch-
| . ing. Under the persuasion of Sheriff
i: 2 Weathers and Solicitor Rufus Fant,
prosecuting attorney for Oconee
County, the mob slowly broke up, its
members drifting away — all except
two, who were lodged in jail for

“pre *

drunkenness after attempting to in-
cite the crowd to violence. :
On Monday, Shedd was removed
from: Walhalla to the jail-in Gaines-
ville, in Georgia, for safekeeping.
Meanwhile, completely convinced
that the ex-convict’s fantastic
charges against Mrs. Boyter were
wholly untrue, she was cleared of all
suspicion and sent back to her mother
and her bewildered little boy, all
* that now remained of her family.
In the meantime, also, Curtiss
Shedd came up with a new version

of the triple slayings. Now he said —

that Boyter coaxed him into getting
the two girls out alone in order to
kill them so that the father could
run off to Mexico. ;

He said he and John Boyter drove
to the wilderness near Highlands,
where Boyter strangled little J o Ann
while he, Shédd, choked J ohnnie Mae.

Then, Shedd continued, on the way

back from disposing of the girls’
bodies, he began to fear exposure by
Boyter. So he stopped his car and

shot: his. erstwhile friend to silence

him. ni

Im Highlands, ‘a coroner’s jury
held an inquest and returned a ver-
dict blaming Shedd in the mur-
ders of the two young sisters.
Georgia relinquished Shedd to North
Carolina, where a charge of first de-
gree murder was prepared against
the confessed slayer.

However, to Solicitor Bryson,
Sheriff J. P. Bradley of Maco
County, N.C., and to other officers
who had been working on the case,
a new pattern of the killings was
taking shape.

Although decomposition of the
girls’ bodies was so far advanced
when they were found as to hinder
autopsy findings to a great extent,
there was some evidence that John-
nie Mae had been subjected to a

ae

1d. Deipiadleei ear te ecmeleuannd omrimeteeameres

ra

criminal assault before she was slain.

Now the officers began to believe
that Curtiss Shedd set out on the
third of August, intending to rob
his friend of the money he carried’
and to attack the daughter. ~

Quite probably, they reasoned, he-
did not even want the younger girl
along, but had to take her when she
insisted on going for the ride, be-
cause he could invent no reasonable
excuse for inviting Johnnie Mae
without little Jo Ann.

Prosecutor Bryson moved swiftly
to bring Curtiss Shedd to justice,
~ but even before his case could be
brought before the Macon County
grand jury, which indicted him on
two counts of murder, Shedd made
a third confession. \

Now he said that he, and he alone,
committed all’ three murders, first
shooting Boyter while the girls
looked on helplessly, then driving
to North Carolina, where he also
killed them. However, in ,this con-
fession — which was the only state-
ment he signed — he would not ad-
mit assaulting Johnnie Mae.

Prosecutor Bryson said he intend-
ed to bring Shedd to trial before the
month was out. And, he promised,
he would fight all the way to send
the butchering beast of the hills to
North Carolina's lethal gas chamber.

Editor's Note: Curtiss Shedd is

entitled to be presumed innocent un-

til proved otherwise by due process

of law and Underworld Detective
- Magazine presumes him innocent.

. isk li flocr of an

. Estelle Jurisk lies crumpled on the ;
Heart he: She committed suicide after igs trying te
kill wealthy broker Rudolph Fleiner as he returned from his honeymoon.

‘UNDERWORLD

ly

with her roomers — to come to the
door, tap on it softly and call:
“Grace! I saw your husband
standing across the street watching
the house! I think he’s waiting for

~ you! If you hurry, I may be able to

slip you out the back way!”

It. was then that the panel worker
put on an act which would have made
the great Ellen Terry envious. She
would leap from the bed, let out a
stifled exclamation, and stalk up and
down the room like a trapped animal,
moaning, “Oh, my God! If he catches
me he’ll kill me! He’ll murder both

_ of us! Oh, my God, what'll I do?”

The sucker didn’t know. But he
knew what he was going to-do:
He was going to get out of the
house with what orators call an
“irreducible minimum” of speed.

He would hastily don his clothes,
burst through the door. and, under
the landlady’s sympathetic guidance,
hurry out the back way, glad to
breathe the air of freedom and to
find himself still alive.  . -

By the time he came to and real-
ized that it had all been a trick to

‘ rob him, it was invariably impossi-

ble for him to do anything about it,
no matter how he longed for revenge
upon those who had tricked him, to
say nothing of getting his posses-
sions back.

For one of the tricks of these
grifters was to use a house in a row
of identical structures. There wasn’t
one chance in a hundred that the
victim would even glance at the num-
ber of the place where he had been
taken. Even if he had noted the num-
ber, there were further reasons why
his chances of recovering his posses-
sions were nil. :

Frequently he was a married man,
who would forget his loss rather than
risk the scandal which might follow
if he reported the matter to the po-
lice. Occasionally, however, the
plucked one would remember the
street and number and would notify
the police. He would lead the officers
to the room where he had been
“rolled.” Police would examine it
for swinging panels. But they
wouldn’t find any — because the
movable oblong partition had been
taken off and an ordinary fixed one
put back in its place.

There was a good reason why the

SHAKEDOWNS .IN SEX

(Continued from Page 31) x

movable panel wasn’t there. It was
because, as soon as the frightened
victim left, the confederate who had
committed the theft or another
trailer followed the robbed one to
see if he let out a bleat to the cops
when he discovered his loss. If he,
did, the trailer would tip off the
landlady in plenty of time to make

the panel switch. And in -plenty of

time for his feminine fellow-worker
to be among the missing when the
cops arrived.

In not one case out of fifty, how-
ever, did the victim complain. Large-
ly this was because of masculine
vanity./ He could not stand the
thought of having anyone, even the
police, know what a gull he had been.
Wise in the ways of the world — in
his own estimation — he did not

want the slightest hint to get about |

that he had been the easiest kind of
a sucker. :

Only two or three times, during
the course of her entire life, was
Chicago May even arrested for 2
panel house or creep joint swindle,
although she had worked this
“shake” hundreds of times. And even
on these occasions the police were.
unable to make the rap stick.

ENERALLY the panel houses were

favored by women who were not
street-walking prostitutes, but who
pretended to be in order to lure men
to their room. The creep joint, how-
ever, was used by those who were ac-
tually solicitors, since, in order to
distract the attention of their gull,
it was necessary for them to carry
out, at least in part, the agreement
they had. made with the man they
had picked up. :

For the confederate jg the creep
joint racket ,jhad to wait a certain
time before consummating the rob-
bery, and during this period it was
necessary for the woman to see that
her victim’s mind was centered on
matters not connected with his
valuables.

The room in the creep joint was so
arranged that the man had to leave ,
his clothing in a certain place easily
accessible to the confederate when
the latter crept into the room while
the woman was distracting the vic-
tim’s attention. It is from this tech-
nique that the word “creep” has

been used in this type of robbery.

_ Here, the only piece of furniture,
outside of the bed, was a clothes
tree. This was placed near a door to
an adjoining room, adjacent to an -
inner window which faced other
rooms, or in some similar position
where the woman’s_ confederate
could easily reach it, go through the
man’s pockets and take his money.

In the creep joint, as in the panel
house, it was necessary to get the
victim out at the earliest possible mo-
ment after the robbery, so that he
would not discover his loss until
after he had gone. All kinds of tricks
.were used to bring this about.

The most common one was for the
landlady to rap on the door and
virtuously shout:

“You have a man in your room! I
told you when you engaged it that I
would not permit that! This is a
respectable house! You and the man
both get out at dnce or I'll call the
police!” ?

The man would get out, and fast:
The woman would stall around get-
ting her clothes on, in the meantime
acting nervous and frightened. She
would tell the skinned sucker any
story that came into her mind—that
she was married, that her husband
held a high position in the govern-
ment, that they would both be ruined
if any Scandal developed. Or that
her brother, a former prizefighter,
had once terribly beaten a man who
had tried to make advances to her.
The idea was to add to the emotional
disturbance of her victim and help
speed his parting.

Chicago May thought up many
ingenious methods of getting a
sucker out with commendable speed,
even using mythical relatives for
this purpose. On one occasion she
had the landlady rush up to the room -
and tell her that she had just re-

ceived a message that May’s sister
was dying, and that she should hurry
home at once. She had at least forty
brothers and twenty or thirty hus-
bands who occasionally followed her
on the street to see that she be-
haved herself. Always one of these
numerous “relatives” had _ trailed
her to the house and was waiting
outside to butcher the man she was
with.

A neat little ruse which she fixed

57


e’s, They’re Swede
riff, a short, spare,
oked down at his
it Fiester. “I don’t
ud have shot him-
1, where we found
then dragged him-
bed.” ‘
itching Fiester, “TI
rirl could have shot
suming you might
it the other way
iis body back onto
iot herself through
zed the trigger fin-
boy friend into the
op of the rifle.”
cleared his throat.
+ my hat.”
edman, “Twas just
> it.”
later, on July, 1941,
was being escorted
ed courtroom pre-
udge Roscoe Smith
imself found guilty
ar and sentenced to
nt. Throughout the
aintained his inno-
repeatedly reduced
silence and frantic
ng cross examina-

ept the spectators
ily staring at him.
i up when they dis-
baby-faced woman.
b of sound, he call-
Nora.”
lips move but he
> that he read them
uldn’t quite imagine

iamned killer!”

z: In order to pro-
ity of an innocent
me Nora Benson in
story is fictitious.

nated accident or
cause of death. The
een shot at. close’
weapon was found

uns. And the slain

a stranger to the
some some distance
- his death. Certain-
t made the trip in
terrain on foot. A
‘ought him there. A
had since disappear-

lay could reasonably
idence,
n requested the as-
e Georgia Bureau of
a state agency, which
gned Agent Woody
xeca, to collaborate
ariff in the probe.
reached Clayton at
the afternoon of
). Five hours had al-
since the discovery

web MES aera BLESS Myer
a9 s, Vara
545) ge acd cc hae RRL

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thought and held it grimly, Venge-
ance is mine. Still clutching the
rifle in one hand, he picked up the
almost empty bottle of corn whisky,
then abruptly set it on the floor
untouched. It would do for the
ghost of Robert Fiester. The new
Fiester wouldn’t need it, ty

Then with a stiff, dazed deliber-
ation, carrying the rifle and staring
into the darkness beyond the radius
of the small electric bulb, he moved
on into the blackness toward the
wooden stairs that led to the floor
above, mumbling, “An eye for an
eye and a tooth for a tooth.” Saliva
dripped from his mouth and bathed
the quotation in drunken incoher-
ence.

The unseen cellar ‘steps went
away from his feet and the floor
was silently smooth. There was
moonlight across the bed where
two sleeping figures were targets.
The first shot was like a flash of
yet brighter moonlight. The second
shot, brief scuffled seconds later,
seemed almost noiseless.

In a maze of unreality he found
himself tugging the almost nude
body of the Swede back to the bed
from which Swede Gray had fled
in life and terror. Awakened by the
shot that had killed Royalene
Hinkle, he had tried to run from
the shadowed figure of Fiester. It
was the bullet, not the wall, that
had stopped him.

Fiester, shocked sober now, did
not permit himself to think of any-
thing except what he had to do to
make «it look like murder and sui-
cide. He lifted the Swede ‘up onto
the bed beside the nearly nude
body of Royalene. He wiped. the
fingerprints from the gun and laid
the rifle across the Swede’s stom-
ach, with the dead man’s trigger

(Continued from page 29)

area as the scene of the shooting.
“I know most of the folks around
here,” said Sheriff Queen, “but I
never saw him before. How about
you, Doc?”
The coroner shook his head slow-

ly.
“Can’t say I have, Lamon. He
could have “come from anywhere.
The state line’s only a couple of
hundred feet away.”

OTH officials realized that the

proximity of the state line
might tremendously increase - the
difficulties facing them in the in-
vestigation. Three Southern states
—Georgia, North Carolina, and
South Carolina—met together: in

‘that lonely section of rolling green-

carpeted mountains and precipi-
tous, rugged peaks whose summits
lost themselves in an airy lacework
of low-hanging clouds. Less than

78

\

f 4
finger . stuck in. the trigger guard
Oop.
Finally he went outside the room
and phoned the police, feeling
weirdly detached and : separated
fom everything—and din, particular
from himself, i

“TWNHIS is how it happened,” Rob-
ert Fiester told Sheriff Guy E.
Redman and Coroner Verne Buss~
ert twenty minutes later. “I was
about to come in the front door
when I heard Royalene scream. I
ran to her bedroom window and.
saw her standing in a corner with

Swede Gray holding the rifle on -

her. He was shouting: ‘You won't
two-time me again, Baby!’ Then
he shot her. I saw him’ stoop and
start to drag her body toward the
bed. i

“By the time I got into the house
and into the bedroom the second
shot had already blasted. Swede
had turned the gun on himself
and was lying dead on the bed just
like you see him now. I phoned
you men right away.” |

The coroner nodded ‘in solemn
credulity and commented sadly,
“These clandestine affairs, They're
dynamite.” He turned ‘to Sheriff
Redman who was gazing abstractly
at the dead girl. “Ain’t that’ right,
Guy?” ee

For a moment Redman seemed
not to hear, then he said slowly,
“Yeah, that’s it—dynamite.”

Three days later Sheriff Redman
knocked on Robert Fiester’s farm-
house door. “I’d like to talk to
you,” he said, f

“Sure.. Come right in.”

Seated in chairs facing each oth-
er, Redman explained, “I just got
a@ report from the lab that the

blood samples taken from the wall

BLUE RIDGE RAVISHER

{
a thousand feet, perhaps, separated
the body from the junction of the
three state lines.

Questioning at heatig farm-
Steads disclosed no lead to the
identity of the dead !man. The
body was accordingly removed to
& mortuary in the small hamlet
of Clayton. It, did not take the.
sheriff long to determine that the
slain man had not been an in-
habitant of the sparsely populated

‘county of Rabun. Deteriorated ag

the body was, the features were
Still recognizable, but no one could
identify the corpse.

A report of the discovery and 4
description of the, body were pub-
licized by press and radio, and law
enforcement officers throughout

Georgia and the neighboring states
were notified. . peg }

Sheriff Queen realized that he
was embarked upon a search for
&®-murderer. The known - circum+

‘ate not Royalene’s, They're Swede

Gray’s.” The sheriff, a short, spare,
graying man, looked down at his
nails, then up at Fiester. “I don’t
believe Gray could have shot him-
self in the brain, where we found
the bullet, and then dragged him-
self back to the bed.” :

Then, still watching Fiester, “I
don’t think the girl cotild have shot
Swede Gray—assuming you might
decide you saw it the other way
round—hauled his body back onto
the bed, then shot herself through
the eye and placed the trigger fin-
ger of her dead boy friend into the
trigger guard loop of the rifle.”

Robert Fiester. cleared his throat.
“I guess I'll get my hat.”

“Fine,” said Redman, “Iwas just
going to suggest it.” Z
' Three months later, on July, 1941,
Robert Fiester was being escorted
from the packed courtroom pre-
sided over by Judge Roscoe Smith
after hearing himself found guilty
of double murder and sentenced to
life imprisonment. Throughout the

trial he had maintained his inno- |

cence, but was repeatedly reduced
to bewildered silence and frantic
stuttering during cross examina-
tion.

His eyes swept the spectators
who were fixedly staring at him.
His gaze lighted up when they dis-
covered a big baby-faced woman.
Into the hubbub of sound, he call-
ed out, “Hello, Nora.”

He saw her lips move but he
couldn’t be’ sure that he read them
correctly. He couldn't quite imagine
Nora answering:

“Hello, you damned killer!”

Epitor’s Nove: In order to pro-
tect the identity. of an innocent
person, the name Nora Benson in
the foregoing story is fictitious,

stances eliminated accident or
suicide as the cause of death. The

victim had been shot at. close:

range, yet no weapon was found

near his remains. And the slain |

man, patently a stranger to the
vicinity, had come some distance
before meeting his death. Certain-
ly he had not made the trip in
that rugged terrain on foot. A
vehicle had brought him there. A
iguana which had since disappear-
ed.

Only foul play could reasonably
explain the evidence,

Sheriff Queen requested ‘the as-
sistance of the Georgia Bureau of
Investigation, a state agency, which
Promptly assigned Agent Woody
Wilson, of Tocca, to collaborate
with the sheriff in the probe.
Agent .Wilson reached Clayton at
5 o’clock on the afternoon of

‘August 9, 1950. Five hours had al-
ready elapsed since the discovery

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that exerts
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instantly cc
ly, depressi;
have a ch.
shades tom:
In addition
used as a c]
move the hx
found in ac
Permits the

My ‘new lo
the happie

“It coveres
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triends on
made my

**Dornol
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©1950


of the body in its mountain hiding
Place and as yet no progress had
been made towards its identifica-
tian. But with the arrival of the

-State officer, this preliminary ob-

stacle to the hunt for the killer
was surmounted. ;

Wilson brought with him a com-
plete report of a disappearance
which had occurred a week before
in Walhalla, South Carolina, just
across the state line.

“The description of the’ dead
man,” he told Queen, “tallies with
that of a John Boyter. No one in
Walhalla has seen Boyter since the
afternoon of August third.” .

“Six days ago,” mused the sher-
iff. “That jibes, all right. Coroner
Green says our man has been dead
about a week.” —

The state detective rubbed his
jaw reflectively. “There's just one
fly in the ointment,” he added.
“Boyter disappeared with his two
young daughters. His folks over
in Walhalla haven’t been too much
worried, figuring he had a sudden

yen to take a trip with the two

kids and that he just lit out with-
out letting anyone know. Now, if
the dead man found today is Boy-
ter, what’s happened to the two
little girls?”

Sheriff Queen was startled at
the possibility that he had three
corpses to account for, instead of

‘the one now lying unidentified on

the mortuary slab.

“When we scouted around up
there today, Woody,” he said, “we
didn’t reckon on finding more
bodies, but we made a darn thor-
ough search for clues, and one
thing I’m certain of. If the dead

man is Boyter, the bodies of his.-

two children weren’t anywhere in
that area.”

Telephonic communication was

immediately established with Sher-
iff Eddie Weathers, of Oconee
County, at his office in Walhalla,
South Carolina. He was deeply
concerned when Queen described
the dead man.

‘““That certainly sounds like Boy-
ter,” he admitted soberly. “I only

hope there’s some mistake. I'll:

be over as soon as I can pick up
Mrs. Boyter and make the: drive.
I should reach Clayton in an hour.”

PRE the arrival of Sheriff
Weathers, Queen sent a detail
of deputies to further explore the
thickly wooded region where the
body had been discovered, in or-
der to assure himself that the pre-
vious search had not overlooked
the remains of the two Boyter
youngsters.

While this grim quest was pro-=
ceeding, a solemn group filed into
the Clayton mortuary. Mrs, Chris-
tine Boyter, a slight, attractive
woman, prepared to view the stark
figure on the slab. Beside her was
Curtis Shedd, a young neighbor
of the Boyters, and a close friend
of John Boyter. : ‘

80

‘ almost

edge of the white sheet silhouet-
ting the recumbent figure. Mrs.
Boyter and Curtis Shedd looked at

the face of the dead man. Pallor —

replaced the tan on Shedd’s weath-
erbeaten countenance, His fingers
tightened around Mrs. Boyter’s el-
bow. The woman stood there silent
for a minute. A tiny pulse flutter-
ed at the base of her throat. Then
she turned away from the Slab.

“It’s John,” she said dully. Her
work-worn fingers moved convul-
sively. There was almost a tinge of
wonder in: her voice. “Somebody’s
killed John!”

Shocked awareness gleamed sud-”

denly in her dark, brooding eyes.
“The children! My girls!” Fiercely

She grasped Sheriff’ Weathers’ coat

sleeve. “Jo Ann and Johnnie Mae!”

Sheriff Weathers: answered the
unfinished question. He shook his
head. “We don’t know, Christine.
So far we haven’t found any trace

- of them, It may be that the young-

sters are all right.”

Repairing to the office of Sher-
iff Queen, the two Georgia officets
were apprised by the South Car-
Olina official of the few known
circumstances Surrounding the dis-
appearance of John
his two daughters,

John Boyter, 38, a veteran of
World War II, had been taking a
training course under the GI. Bill
of Rights at Long Creek Academy,
not far from Walhalla where the
family lived. On August 3 the two
children, Jo Ann, 8, and Johnnie
Mae, 14, were visiting Mrs. Boy-

-'ter’s ‘mother, also a resident of

Walhalla. John Boyter had left
the academy at noon to return
home for lunch. His movements
after lunch were unknown. His
disappearance dated from that
time. ~-

_ The two young girls left their

grandmother’s home at about 2 |

P.M. What happened to them
thereafter was also a mystery. The
simultaneous disappear-
ance of John and his children had
led to the belief that it was he
who had picked up the girls and
taken them away. Discovery of his
corpse now cast. doubt on this
hypothesis and made necessary a
new reconstruction -of those final.
moments preceding the disappear-
ance of the trio, - .

_ “Of course, we can only make
a’ guess at this time,” Agent Wii-
Son asserted, “but it seems to me
that an automobile ‘is necessarily
involved..Maybe John Boyter pick-
ed up the girls in -his car to take

' them for a drive, and got stuck

up by a hitchhiker.”

Curtis. Shedd; the ‘dead -Man’s
closest: friend. interrupted the col-

- loquy of: the officers. “That could.

not be, Mr. Wilson,” he said. “John
doesn’t own a car. In fact, I’ve
been driving him to school: ever

day, in my pwn ‘Cheyvy. It: hap-"

aie

Sheriff Queen gravely faised an.

- attractive girl.

Boyter and-

pens we’re in the same class.”

Shedd‘ went on to explain -that
when he had gone to meet John
Boyter after lunch he had found
him already gone. He assumed that
Boyter had obtained a lift’ from
somebody else. It: was further re-
vealed ‘that no. other member of
John Boyter’s family was the own-
er of a motor vehicle.

| bebe for the murder as yet
could only be surmised. Boy-
ter was known to have in his pos-
\8ession a new wallet containing
@ modest amount of cash. This
wallet had not been found upon
his body. But robbery alone could
not explain the atrocious Slaying.

- It could not explain the disappear-

ance of the children. More than
robbery was indicated. . Johnnie
Mae was a lovely, well-developed,
Already she had
aroused a fluttering in the hearts
of youthful Walhalla swains.
The possible fate of the two

_ children evoked forebodings in the

minds of the officers. Perhaps they
had been abducted by a sex-crazed
maniac for purposes too horrible
to contemplate.

“Let’s assume the existence of
such a sex-criminal,” Agent Wil-
son reflected. “Would Boyter take
his two children for a drive with
a stranger? Is that likely?”

Weathers frowned. “Frankly, I
don’t think so. It’s hard to believe
that a stranger came to town and

‘ took them away. Everyone in Wal-

halla knows everybody else. A
Stranger in town would have stood

out like a sore thumb. Our popu- .

lation is only about 3,000. Folks
in town are always Saying that we
go in for quality and not quantity.
It’s hard for me to believe, but
it looks as if one of them is a
murderer—and maybe worse.”

Arrangements were made to re-
turn the remains of John Boyter
to his home in Walhalla for burial
the next day. The searching party
sent out by Sheriff Queen was
unsuccessful in uncovering any
trace of the two missing children.
But with the knowledge that John
Boyter was dead, little hope for
their safety was entertained by
the authorities,

The alarm was spread to all

law enforcement authorities in the

three states converging on the Blue
Ridge -Mountain area. Searching
parties were organized to comb
the dense woods. The thick forests
were laced: with logging trails, and
narrow ravines and isolated lakes
all offered likely hiding places for
bodies. This was a search that
had to be conducted on foot. Un-
broken stretches of wild timber

made an aerial search impossible. .

While this dogged exploration’ of
the difficult mountain area was in
Progress, Georgia and South Caro-
lina officials united in a joint in-

‘vestigation of the mysterious mur- .

der. Though apparently. slain on

the Ge
_ it seem,
to the ;

N T

Wil:
Georgia
the next
ers and
P. Gran)
Reside
habitant;
communi
Deputies
Movemen
and of p
gust 3. ¢
were que
eating pl:
Sheriff
Grant sup
investigat;
drove to t
where the
2 student.
the registr
ance recor
revealed th

attended
classes on

absent on A
Wilson e
see what yo
“Maybe he
with one 0;
They learr
had been ab
and that Hu;
the afternoo
Both’ young
John Boyter,
Returning
Sleuths Picke:
and went tot
Shaw. It did
long. to estab)
tive behind
school. A sligt
Poisoning had
he had spent
iff Weathers
Physician, wh
and stated t}
several tir
Homer Muns
when the Offic
arcund the tin:
white-painteq —
Agent Wilson ;
reled 20-20
against a corne
his Colleagues q
looking young
ally Walked oy,
and examined i
The youth’s ey
ficer nervously. }
the nature of
Which was bein
Walhalla was ag
that their neighb
ed to death wit)
“Homer,” Sher}
mildly, “we've be
weren’t at schoo]
Of August third.

‘noon John Boyt,

disappeared. The

.%


same class.”

to explain -that
> to meet John
1 he had found
de assumed that
ied a lift from
was further re-
her member of
ly was the own-
cle. :

» murder as yet
» surmised. Boy-
have in his pos-
allet containing
of cash. This
een found upon
bery alone could
itrocious slaying.
in the disappear-
iren. More than
licated. . Johnnie
, well-developed,
ready she had
ng in the hearts
1alla swains.
ate of the two
orebodings in the
ers. Perhaps they
d by a sex-crazed
oses too horrible

the existence of
nal,” Agent Wil-
‘ould Boyter take
for a drive with
hat likely?”
ned. “Frankly, I
’s hard to believe
‘ame to town and
Everyone in Wal-
rerybody else. A
would have stood
-chumb. Our popu- .
ibout 3,000. Folks
iys saying that we
and not quantity.
1e to believe, but
yne of them is a
maybe worse.”
were made to re-
is of John Boyter
Nalhalla for burial
he searching party
heriff Queen was
uncovering any
9 missing children.
iowledge that John
id, little hope for
as entertained by

vas spread to all
t authorities in the
verging on the Biue
n area. Searching
wrganized to comb
s. The thick forests
. logging trails, and
and isolated lakes
y hiding places for
yas a search that
jucted on foot. Un-
es of wild timber
1 search impossible.
ygged exploration of
suntain area was in
ria and South Caro-
aited in a joint in-
the mysterious mur-
ipparently slain on

to the problem lay in Walhalla.

ic N Thursday, August 10, Agent

Wilson and Sheriff Queen- of
Georgia went to Walhalla to plan
the next move with Sheriff Weath-
‘ers and State Constable Waddy
P. Grant of South Carolina.

Residents of Walhalla and in-
habitants of the surrounding rural
communities had to be questioned.
Deputies were assigned to trace the
movements of the missing trio,
and of possible strangers, on Au-
gust 3. Outlying service stations
were queried, as well as -roadside
eating places.

Sheriff Weathers and Constable
‘Grant supervised this phase of the
investigation. Queen ard. Wilson
drove to the Long Creek Academy
where the murdered man had been
a student. A clerk in the office of
the registrar checked the attend-
ance records for August 3. They
revealed that John Boyter had not
attended any of his afternoon
classes on that: day.

An idea occurred to Queen.
“Were any of the other students
absent on August third?” he asked.

Wilson eyed him shrewdly. “I
see what you're driving at,” he said,
“Maybe: he took: the afternoon. off.
with one of the other students.”

They learned that Gus Trinshaw

_ had been absent for the entire day |

and that, Homer Munsen had taken
the afternoon off from his classes.
Both’ young men, classmates of
John Boyter, lived in Walhalla.
Returning to town, the
sleuths picked up Sheriff Weathers
and went to the home of Gus Trin-
shaw. It did not take the youth

long. to establish the innocent mo-~

tive behind his absence from
school. A slight attack of ptomaine
poisoning had kept him. home and
he had spent the day in bed. Sher-
iff Weathers phoned the youth’s
‘physician, who verified the story
and stated that he had stopped
in several times during the day.

Homer Munsen was also at.home
when the officers called. Looking
arcund the tiny living room in the
white-painted . clapboard - cottage,
Agent Wilson noted a double-bar-
reled 20-20 shotgun leaning
against a corner of the wall. While
his colleagues questioned the good-
looking young man, Wilson casu-
ally walked over to the weapon
and examined it.

The youth’s eyes watched the of-
ficer nervously. He, of course, knew
the nature of the investigation
which was being carried on.. All’
Walhalla was agog with the news
that their neighbor. had been blast-
ed to death with a shotgun.

“Homer,” Sheriff Weathers began
mildly, “we've been told that you
weren’t at school on the afternoon
of August third. That’s. the after-

‘noon John Boyter and his kids

disappeared. ‘There’s nothing to

the Georgia side of the state line,
. , it seemed reasonable that the key

two.

- automobile, a Plymouth of ancient

: found, °* .

‘be scared of. Just tell us how you
Spent the afternoon—why you
stayed away from: school.”

The young. man’s face paled.
“Sheriff,” “he said, “I know why
you're asking these questions. You
think maybe I had something to
do with John getting killed. I
swear I had’ nothing to do with
it. I was out hunting. Ask my
mother—I got me a brace of rab-
bits.” . ;
. “Homer, you sure you didn’t go
hunting with John: Boyter? You
sure those rabbits didn’t come from
around the old haul road up in
the hills near the highway?”

“I wasn’t anywhere near there.
That’s no place for hunting rab-
bits, anyway.” ; ;

Wilson strode back with the
shotgun ‘in his hand. “This the
gun you used, son? Wouldn’t a shot
from this tear .a rabbit to pieces?”

“It does mess them up a bit,”
the youth admitted. “But it’s the
only gun I got and I know how to
handle it, Anyway, why. pick on
me? I ain’t the only one in Wal-
halla to own a shotgun. Most of
the fellows have them. Everyone
does.a bit of. hunting around here
—you know that, Sheriff.”

Weathers nodded. “I can’t quar-.
rel with that, Homer. But John
Boyter was killed by a shotgun—

_ during the very time you say you.

were out hunting rabbits; and I

recollect now that you’ve been sort

of chasing after Johnnie Mae. She’s
a right pretty girl.”

“Gosh, Sheriff, Johnnie Mae’s
only a kid,” Munsen pleaded. “I’m
no cradle-snatcher, You can’t
think I’d kill her old man because
of her.” :

Weathers shrugged. “I don't
want to think it, Homer, It would
have been right foolish if you did.
But we'll find out. If you’ve told
us the truth you have nothing to
worry about.”

HE youth’s mother and sister
& substantiated the young man’s
claim that he had returned home
late in the afternoon of August 3
with a pair of rabbits. The family

vintage, was meticulously examin-
ed for possible evidence linking it
to the crime. No such evidence was

The, officers next visited Curtis
Shedd, a classmate of both John
Boyter and Homer Munsen., They
believed that, as the slain man’s
closest friend; Shedd might throw
some light on the relationship be-
tween young Munsen and the Boy-
ter family,

' Shedd appeared. reluctant to di-
vulge any information that might
place the young man in an un-
favorable light. “Maybe Homer did
fool around. a bit with Johnnie
Mae,” he said. “Johnnie Mae’s a
nice kid and a lot of the boys were
beginning to notice her. But as

ee ye

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have never had ‘any trouble with °

each other, As for Homer having
a shotgun, a lot of folks in town
have one. Heck, I got one myself
and I didn’t shoot John.”

“You haven’t been shooting rab-
bits lately, have you, Curtis?” Sher-
iff Weathers inquired.

The young man grinned. “No,
Sir,” he said. “I’ve been too busy
to do any hunting. I haven’t shot
off that gun in more than a
month,”

“You were in school that after-
noon,” Weathers stated, “but as
long as we're here, we might as
well check your gun and ammuni-
tion anyway.”

Shedd conducted the officers to
his bedroom. He opened a closet
door and drew out a 20-20 shot-
gun and a box of shells,

Weathers inspected the weapon,
tilting it so that the light shone
through the barrels, “You sure
keep this gun in good shape,” he
remarked. “Clean as a hound's
tooth.”

An examination of the box of
ammunition appeared to support
the young man’s claim that he
had not been doing any shooting.

“Only two of the red-cased cart-

ridges were missing.

Returning to the office of Sheriff”

Weathers, they were met by Con-

‘stable Grant, who brought them

up to date on the other phases of
the investigation. The parties
Scouring the woods had. as yet
found no sign of the missing
children. Deputies had succeeded
in tracing John Boyter’s move-
ments up to 1:45 p.m. on August 3.
He had been seen at that time on
Main Street. The trail. ended in
front of the local post office. No
one, including the postal employes,
recalled seeing. him thereafter,

Had John Boyter an engagement
to meet somebody at that spot?
What other reason could have
brought him there at a time when
he should have been on his way
to school to attend the afternoon
session?

“It could be he was on his way
to buy something,” Sheriff Weath-
ers said. “Fred Islip’s general store
is only a few doors down from
where Boyter was standing. Fred
keeps a daily record of everything
he sells. Let’s go down and talk
to Fred.”

~~ the general store they were
greeted by the proprietor him-
self. His bespectacled face peered
out at them from behind a pyramid
of canned goods stacked high on
the counter. An aroma of freshly
roasted coffee, sweet apples, cloves,
and cinnamon, permeated the air.

“Bothering me again, Sheriff?”
Islip queried, “I just got through
with one of your boys a short while
ago. I can’t tell you any more than
I told him. I didn’t see hide nor
hair of John Boyter on August
third.” .

82

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Se a

eS. yee
*

Weathers ‘sighed. He fished three

‘nickels from his pocket and pulled '

out three bottles of ice pop from
a refrigerating unit. He passed a
bottle to each of his two. com-
panions. “Did you check your
book?” he asked the shopkeeper.

“Certainly I checked my book.
John Boyter wasn’t here that day.”

“Do you mind showing me, Fred?
It’s important.”

The proprietor shtugged and

placed a large, dog-eared ledger .

on the counter. He flipped the
pages and spun the book around.
Weathers’ forefinger sped. do

the page. John Boyter’s name did |
not appear upon it. Again his fin- :

ger moved down the leaf, this
time slowly. It came to a sud-
den stop. He looked up at Fred
Islip. ;

“I notice Curtis Shedd’s name
here, Fred,” he said. “Do you re-
call hirh being here?”

The storekeeper. studied the en-_

try in the volume, his brow fur-
rowed. Suddenly he smiled.
“Sure, I remember,” he said.
“This book shows what he bought.
That’s what I got it for. I sold
him a box of 20-20 gauge shot-
gun shells. He came in about noon,
maybe a few minutes. later.”

Weathers, Queen, and Wilson ex-
changed startled glances.

“Well, what do you know!” -

Queen breathed. “Shedd told us he
didn’t shoot that gun in a month.
Yet two rounds were missing from
&@ box of shells which he bought
&bout noon on August third—just
before Boyter and his two daugh-
ters vanished. I wonder what hap-
pened to those two shells?”
“Another thing,” Wilson assert-
ed. “Boyter was seen only a couple
of doors down from here’ about

the same time. Is it coincidence? ~

Not in my book!”

“I can see that a certain ‘alibi
needs checking,” Weathers com-
mented drily. ;

The trio of officers drove im-
mediately to Long Creek Academy,
Once more they questioned the
clerk in the registrar’s office, and
again a check of. the attendance
records did not reveal Curtis Shedd
as an absentee on the afternoon
of August 3, F

“Is it possible,” Sheriff Weath-
ers pondered, “that Shedd was
away from school part of the after-
noon? Would that show on your

_Tecords?”

“Not on the attendance records,”
the girl said. “If a student cuts
a class it is not considered an
absence, It’s recorded only on the
cut slips kept by the instructors
and. sent to the office at the end
of each day.”

T was -soon ascertained that
Curtis Shedd’s alibi contained
a fatal gap. The first afternoon
class he had. attended began at

four o'clock. He had attended no

other classes after leaving . the
school at noon. ;
Curtis Shedd knew the Boyters;
he owned a shotgun; he possessed
an automobile—and now it was
learned that he‘had no alibi.
The evidence of the two miss-
ing cartridge shells was particu-
larly incriminating. And, by. his
own statement, he considered
Johnnie Mae Boyter an attractive
girl. Shedd was only 29, unmar-

ried, and popular with women.

The case agdinst him was

Strengthened when the three of-

ficers returned ty Walhalla. Con-

Stable Waddy Grant had accumu-

lated some: interesting data on the
young man. He had a prison
record, having served two years
behind bars for robbery! _ More-
over, an attendant at a service
station located on the Highlands-
Franklin Highway a short dis-

tance from town, remembered that |

Shedd had driven past. about a
week before with the ‘two Boyter
girls in his automobile,

While a. large gathering of

' solemn-faced townspeople watched

the last remains of John Boyter
being lowered into a grave in
Neville Cemetery at the edge of
Walhalla, two grim-faced deputies
escorted Curtis Shedd to the sher-
iff’s office, there to face a grilling
that lasted far into the night. The
officers were convinced by this
time that Shedd was the murder-
er of Boyter. But it was a matter
of far greater urgency’ that now
goaded the officers,

The momentous question that
still remained was. what had hap-
pened to Jo Ann and Johnnie Mae
Boyter. But the suspect defiantly
disclaimed any knowledge of the
murder of his friend and the dis-
appearance of the latter’s two
young daughters, insistently re-
peating his denials. Meanwhile, the
gulleys and lakes. and forests of
the Blue Ridge Mountains guarded’
their secret, if indeed the bodies
of the two girls were concealed
in that craggy wilderness.

On the following day, August 11,
Curtis Shedd agreed to undergo
a lie detector test. He was brought
to Atlanta, Georgia, by G. B. L
Agent Wilson, on. Saturday to un-
dergo the examination. Later he
was taken to Clayton, and the
grilling resumed.

Still the young man persisted
in his denials. The findings of the
lie. detector test were patiently

pointed out to him by Agent Wil- :

son. Again and again the evidence
was recapitulated for Sheda’s
benefit: He had actually been seen
by a witness, driving with the two
girls along the highway on the
afternoon of August 3. He had not
arrived at school until late that
afternoon. He was unable to ex-
plain the absence of the two shells
from the box of ammunition which

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ment.” Mra. F. R.—Portlang

he had purchased on the fatal
day. ;

INALLY, at 2:30 on the morn-—

ing of Sunday, August 13, Curtis
Shedd allegedly made a statement
to the questioning officers, unfold-
ing a bizarre story of stark horror.
He maintained that he and the
Boyter family had driven over to
the Georgia side of the state line
and.that Mrs. Boyter “held a gun
on me and made me shoot her
husband.” That: they left the body

- in the nearby woods and drove

to North Carolina where he and

Mrs. Boyter choked the two girls.

to death.

Two hours after making this
statement, the prisoner guided the
officers, now augmented by repre-

sentatives of the North Caroling ~

State Patrol, to a ravine beside the
Highlands-Franklin Highway where
he had concealed the bodies of
Jo Ann and Johnnie Mae.

The decomposing remains of the.

two unfortunate girls were removed
to Walhalla. A request was sent
to Atlanta for Dr. Herman Jones,
Fulton County  toxicologist, to
come to Walhalla to perform au-
topsies on the bodies. In the mean-
time, Sheriff Weathers went to the
home of Mrs. Boyter to confront
her with the Statement of Curtis
Shedd. Already shattered by the
discovery of the two bodies, she

(Continued from page 11)

“Just one thing,’ Shea said.
“Did you hear or see anything
Suspicious Wednesday or Thurs-
day?”

“No.”

“Thanks for coming in,” Rey-
nolds said. “That letter was a big
help.”

HE landlord left and Shea stood

up and looked through the
window. He was turning to say
something when Caporino’s voice
stopped him:

“Life is short and death is sure

The hour of death remains

obscure—”

Reynolds spun around toward
the sergeant. “What the devil’s
that?”

“Poetry, Chief. In a little. note-
book. Harris’ handwriting, and lots
of poems. Each poem signed, Bill
Harris. Listen and improve your
mind:

Life is short and death is
sure

The hour of death remains -
obscure ‘

A suvul you have and only one

If that be lost, all hope is gone

Waste not time, while time
shall last

For after death, this ever past

84

/

" appeared to be very near collapse.

She fiercely—and convincingly—
denied Curtis Shedd’s : accusations.
Meanwhile, news of the double
tragedy ushered in a Sunday
morning unlike that of any in the
history of the isolated community.
Sullen - faced groups gathered
ominously outside the local jail .
where the prisoner was confined.
The groups were reinforced with

“newcomers from outlying areas.

By afternoon they were a growling
mob. , q

To prevent serious trouble, .Na-
tional. Guardsmen, Highway Patrol
officers, and other peace officers
from surrounding counties were
called in to guard the jail. With
the aid of these auxiliaries, Curtis
Shedd was removed to Macon
County, North Carolina,’ where the
two girls had been slain. ;

On Monday, Mrs. Boyter was
exonerated of any complicity in
the crime. Statements by unim-
peachable witnesses clearly reveal-
ed that on the afternoon of August
3 she had been in her own home
canning apples and washing
clothes.

Dr. Jones’ autopsy disclosed that
the two. girls had been strangled.
In a subsequent statement, Curtis
Shedd reportedly admitted that he
drove from town with the two
girls and John Boyter; that he
had shot Boyter and then driven

the girls across the state line into
North Carolina. There’ he stated
that he forced his attentions upon
Johnnie Mae, and then strangled
her. He said he thett choked little
Jo Ann to death because she was
a witness to the ghastly episodes.

A warrant has been issued by
the authorities of Georgia, charg-
ing Curtis, Shedd with the shot-
gun murder of John Boyter. Geor-
gia, however, is permitting North
Carolina to prosecute Shedd first

for the alleged slaying of the two —

Boyter children, their deaths hav-
ing been effected in that state.
An early trial is expected.

Epiror’s Note: Curtis Shedd has
yet to receive the trial to which he
is entitled, and until its comple-
tion ‘no judgment can be formed
as to his guilt. Nothing contained
in this account of an official in-
vestigation is intended, or should
be construed to imply, that Famous
Police Cases considers Curtis Shedd
guilty of the charge on which he
ts being held. On the contrary,
Famous Police Cases presumes him
to be innocent until such time as
@ court decision may be reached
by due process of law.

The names Jeb Raskin, Gus Trin-
shaw, Homer Munsen, and Fred
Islip are fictitious, in order to pro-
tect the identities of persons known
to have had no connection with
the crimes.

DISPOSING OF LOUISE SERA enn

All-seeing God, your judge
will be :
And Heaven or hell your’ des-

tiny :
‘And earthly th*igs will speed
away
Eternity alone will stay.”

“I hope that’s all,” Reynolds
said. - cay

“Oh, no. There’s lots more.”

“One’s enough,” Shea’ said drily.
“Let me see the book.”

Caporino. handed it over and
Shea leafed quickly through the
pages. “An amateur poet of great
persistence,” he said.

McKenna and Smith walked in
and the Neutenant’ opened’ his
notebook. “Evidence,” he said. “The
neighbors had’ a lot to say.”

- “Let's hear it.” ,

“According to the neighbors both ,

Harris and Mrs. Robinson used to-
beat the kids pretty regularly. They

‘say Mrs. Robinson was a__ little

worse. Both of them had a pretty
bad reputation in the neighbor-
hood; most of the women around
here think they killed the child.
themselves and fed us full of lies.”

“Did they know that Harris and
Mrs. Robinson weren’t married?”

“They didn’t -really try to fool

_ anybody,” McKenna. said. “One
of the women knows Harris’ wife

—the one he claims he hasn’t seen
for six years—and remembers see-
ing them together at a party three
years ago.”

“Mark down another lie,” Rey-
nolds said, “ .

“Harris and Mrs. Robinson have
been living together about eighteen
months,” McKenna said, “and dur-
ing that time they’ve had -some
pretty nasty fights, The neighbors
say both of them have bad’ tem-

, pers.”
“Any other information?” Shea.

asked. .
“Yes,” McKenna Said. “If it’s
true, this case is all over. One of

the neighbors ‘is willing to swear

she saw Harris climb into his car
around midnight Thursday and
drive off toward Linden. The car

' came back about two hours later.”

“Anybody else see the car?”
Shea asked. .

“Nobody else saw it,” McKenna
replied, “but two other women
heard a car start up around that
time.”

“Did the woman say Mrs. Robin-
son was in the car?”

“She didn’t know for sure either
way.” ;

“How did she look to you? Was
« she a good witness?”

“The best.”

Reynolds stepped forward and

stra
brilliant)
Hoboken

talked wit
Waited fo)

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talked to
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ris.

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in my nar
“Do you y
you?”

Harris st;
ment, then
what I saic

“But I'd be
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ample, you
been in Li)
you remem!
“Yes.”
“Is it true
Harris loo}
ficers in turn
ly. “I’ve ney
“Lientana«y
at the fe)

McKenna ;
tried to moi:
he — studied
“That's funn:
_ “Yeah,” Mc
isn’t a comedi
make a joke |

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asked

“Maybe it ;
on the hard s

“Then you h

here was a
then Shea S)
Statement was

“Okay. It w;
“When was
were in Linden
“Ten sears 3
Harris was
Shea returned
page three of ,

say that you sp:
night home, lis:
and reading, Is
ment?”

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“One of your

. tective Smith—pn

Lieutenant Mck

_SaW you drive ;

around midnight:


a |

ed

SHEDD, Curtis, wh, elec. NC® (Jacksen) March 23, 1951

lS RM INES

FRONT PAGE DETECTIVE, January, 1951

oh ES ‘7

The Mob: Stones shattered the windows.

His expression didn't change until he heard them clamor for his life

BY RAYMOND R. ENGLISH

@ THE POLICE OF WALHALLA, 8S. C., sent out a missing
persons alert, his wife called all of their friends and
his GI schoolmates searched his favorite haunts ; .but
a lone buzzard, wheeling high over the northeastern
Georgia mountains, was the first to find John Boyter.
It cocked its naked, scabby-red head and peered at the
tiny form sprawled at the bottom of a small canyon.
Then the big, ugly bird spiraled its descent. Before it
reached the tree tops, others, eager for a feast, joined
“it out of an empty sky. :

It was the morning of August 4, 1950. John Boyter,
a 38-year-old GI trade school student and his two
daughters, pretty Jonnie May, 14, and Jo Ann, 8, had

_ been missing. all night. Christine, his wife, wild with
worry, had phoned police just before midnight of the
previous day. She was so incoherent that the desk
sergeant sent a man out to get the story.

John and Christiné Boyter lived alone, he said when
he reported back to headquarters. John, a big, good-
looking man judging by his photograph, had left for
the Long Creek Academy early on Thursday, He had
not returned. He and his wife lived in a room while
he was learning a new trade; his daughters stayed with
their grandmother several blocks away.

“She wasn’t worried when he didn’t come home for
dinner,” the detective said. “He often stayed at school
and worked. late.” ‘But the grandmother called her
about 9 and asked when the girls were coming back.
It was their bedtime. Mrs. Boyter, thinking them safe
with her mother, began to get alarmed. She. waited

Suspect: A pathological liar

until nearly midnight before calling the Walhalla police.

“They may all be safely together some place,” she
told the detective, “but it isn’t like John not to call
me. And where would he take the girls? .. .”

The officers went over to the grandmother’s ,to get
her story. SHe was as upset as Mrs. Boyter.

“They. drove off with a man in a strange car,” she
told them, “early this afterhoon. The girls were out
in the yard and [ was in the kitchen. Jonnie May ran
in and called to me that they had a ride over to see
their mommy. Someone their daddy sent was taking
them. I went out on the porch and saw them get into
the car and drive away.” :

She had seen the driver from the back, she told them,

.and. was unable to recognize him. She was positive
there was no one else in the car. “It was just a—a car,”’

she said. She didn’t remember what kind or color.

A good number of missing persons cases end happily
within the first two or three days. A flat tire, an empty
gas tank miles from a phone, and the missing loved
one shows up-amazed at the alarm over his absence.
Could that have happened to John Boyter and his two
girls? The mountain roads that wind through the foot-
hills of the Great Smokies are desolate and treacherous ;
faulty brakes or a miscalculation at a turn could plunge
a car hundreds of feet down the rocky sides of a canyon,
there to lie screened by pines from searchers above.
But why would John Boyter take the girls for a drive
without telling his wife? Who was the man who had
picked them up at their grandmother’s, saying he would

21


‘

I doubt
ut after

on said.
shed by

e detec-
a drug-
a waiter
one ina
ld—they
asn’t at
ver the
nidnight
saloon.
His face
led him

een able

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less you

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edd said,
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t of the

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on

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c, Shedd.

years in

licker of

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ria Agent
forward.
elf?” he

lanta and

vith two
ooked at

2 guy’s a
he could

mm during
watched
the level
by. They
‘here the
operator
ed a list
hem. All
idedle.

as asked

t to Boy-

‘r. Shedd
answering
hesitation,

Rey pene

“What's your favorite color?”

“Blue.”

“How old are you?”

“Thirty.”

“Married ?”

“I told you, no.”

“Does Jonni¢ Mae have brown hair ?”

“T dunno.”

On and:on it went. If Shedd was guilty,
he refused to be trapped. Three hours north
by car there were 200 men still combing
the mountains and canyons for the bodies
of Jonnie May and Jo Ann, but if he knew
anything about them he didn’t let it show
in the flicker of a muscle, even in the spas-
modic dilation of an artery. Could he be
guilty? :

The operator of the lie detector didn’t
think so. “You can’t fool these machines
that much,” he said. Weathers was beginning
to have doubts. Wilson motioned for them to
take the straps off. .

“Okay, Shedd,” he told the suspect. |
guess we were wrong.” He began to lead
the way back to the car. As Shedd stooped
to get in the rear seat, Wilson touched his
arm.

Caught Off Guard

“Who drove?” he asked pleasantly.

“Boyter,” said Shedd, then stopped.

“Get in,’ Wilson told him. “We've a
long trip ahead. You can tell us about it on
the way.”

Wilson drove on the return trip. Shedd
sat in the back seat between Weathers and

a deputy. After his blundering admission, .

he had refused to talk. To all questions he
maintained his stoic silence, coupled with
a completely dead pan.

Weathers began to worry. That slip of

the tongue wasn’t enough to even get an”

indictment on, to say nothing of a convic-
tion. He shot questions at Shedd from the
moment they left the outskirts of Atlanta.
The good-looking Walhalla ex-convict
watched the fields and then the hills of
Georgia go by without saying a word.

Perhaps he didn’t notice when Wilson
swung off Highway 123 at Cornelia, . and
continued on 23 north in the direction of
Clayton. It was dark when_ they passed
through the’ small town, heading north to-,
wards the Carolina border, towards the spot
where the buzzard had first wheeled over the
pellet-riddled corpse of John Boyter. Even
as they topped the last dark-crested rise
overlooking the scene, the tiny lights of the
‘grim and patient posse danced like a line
of fireflies through the trees and brush.
Wilson stopped the car.

“They're looking,” he. told Shedd, “for
the bodies of Jonnie May and Jo Ann.”

Shedd gazed stone-faced down on the
wavering line. :

“They won't find ’em there,” he said.

“Where are they?” Wilson asked quietly.

“Keep goin’,” said their prisoner. He
leaned back and sighed.

Wilson stopped only long enough to direct
one of the officers-to discontinue the search,
then headed north on 23. Two_miles past
the tiny settlement of Rabun Gap, Shedd
-grunted.

“Turn here,” he said. Wilson, swung right
on 246, leading up past Rabun Peak and
the town of Scaly. It was 4 in the morning.
Moonlight glowed from the ‘mountain top
but the little village was dark. Wilson kept

on.

Between Scaly and Highlands, N. Cs
in reached up to touch Wilson’s shoul-
er. :

“Take it slow,” he said. He peered out on
the road, watching for a landmark. :

“Okay,” he said at last. “Pull over. We're
there.”

Handcuffed, now, to a deputy, he led the

ee

officers 60 feet off the narrow highway, down
the slope of a ravine. At the bottom he asked
to. borrow Weathers’. light. He flicked it
around for a moment, then strode forward
and kicked at a pile of brush.

“There they are,” he said tonelessly. Then
he turned his back.

Wilson lifted the pine boughs from the
pile and uncovered the bodies of two girls
who lay side by side, their faces pressed
into soft ‘soil. The small figure of Jo Ann
was crumpled as if she slept, one arm flung
over her curls. Jonnie May was stiff-legged,
and the men could see terror in her clutched
hands and the twisted arch of her back. Part

‘of her clothing had been removed, then

dropped over her head. Wilson knelt down.

He lifted their heads gently, then laid them:

back.

“Strangled,” he said.

Shedd moved’ restlessly. “Yeah,” he said.
“T choked ’em.”

Wilson whirled on him.

“Why?” he said. “Why in the world
would. . . .?”

Shedd looked at him, his face imperturbable
in the light.

“Let’s get goin’,” he said. “I’m cold.”

The deputy stayed by the side of the road
to await the ambulance the officers would
send from Highland. From there they
proceeded to Walhalla,

On the outskirts of the Oconee County
seat, Weathers looked over at his prisoner.

“Why did you do it, Shedd?” he asked
softly. “Why in the world did you do it?”

Shedd yawned. “I'll tell you.” he said, “as
soon as I’ve had some coffee.”

At 6 A.M., sitting on the metal rim of a
jail bunk bed, Shedd finished his cup of
coffee and leaned back. ‘

“T had to do it,” he began. A stenographer
bent over her pad. Wilson and Weathers
leaned against the bars and. waited. He had
known the Boyters for several months, the
prisoner related laconically. They weren't

getting along very well, and on several oc--

casions he had stepped in to restore peace.
On Wednesday, August 3, John had asked
him to accompany the family'on a picnic in
the mountains. It was a beautiful morning ;
they both cut classes for the outing,

“John took his gun,” Shedd said. “We
drove over into Georgia. I thought some-
thing was up, but I just waited. Pretty soon
John stopped the car. He and Christine and
me got out and walked up the road. John
had a queer look in his eye. About 50 yards
from the car he turned and pointed his
gun at me. Told me I had to make love to,
his wife or he’d kill me. I tried to reason
him out of it. I thought he’d gone nuts.”

They did get back into the car, Shedd
said, and Boyter drove a few miles south into
Georgia. There he had forced Shedd: out of
the .automobile at gunpoint and repeated
his request.

“I grabbed the gun,” Shedd said, “but
Christine had another. She went crazy, too.
She pointed it at me and said if I didn’t
shoot her husband she’d kill me. She meant
it; too. I was so riled, I just. pointed the
shotgun at John and pulled the trigger.”

Weathers and Wilson exchanged puzzled
glances. It had already been established
beyond a shadow of a doubt that not only
was Mrs. Christine Boyter at home all that
day, but that the Boyter children were, too.
They hadn’t left their grandmother’s until

late in the afternoon. This was sheer fabri~

cation, but they let him go on. ;

“Then we drove.up near Highlands,” Shedd
went on. “Mrs. Boyter stopped the car and
got in back and choked the two girls.” She
had rolled their bodies down a ravine, he said.
There was nothing he could do to stop
it. She had the gun. ;

When he was finished, Shedd asked for a
cigarette. Wilson gave it to him.

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Frozen Face

(Continued from page 22)

had seen the two men about 9:30 A.M.

When Weathers and Wilson arrived, they
learned from the youth that the man with
Boyter was short, with a stocky build, brown
hair and what he described as a “frozen
face.” Weathers. obtained a list of the GI
student body and carefully went over it to
find someone resembling this description
from the data on the application card. There
were scores. .

“You might. check these against the at-
tendance records,” Wilson suggested. “There
are a lot of stocky brown-haired students,
but maybe only a few who played hookey
that day.”

It was an excellent idea and it at least
gave the officers several potential suspects.
Four heavy-set men with brown hair had
been absent from classes on August 3. One
was in the infirmary, one had been summoned
home because of illness in his family but the
other two questioned now ‘by the officers,
had no reason for missing school.

One, Curtis Shedd, a 30-year-old .Wal-
halla man, told police he had simply over-
slept. He had arisen at noon, had lunch, and
spent the remainder of the day shooting pool.
He had played with several local ¢char-
acters whom he knew only as “Doc,”

“Jamie” and “Louis.” If he could find them,

he said, he would have an alibi.

The other was Larry Gilroy. He had sat
next to John Boyter, he said, on two or three
occasions during assembly, and remembered
him well. He had not, however, seen him
on Wednesday. He appeared to be fright-
ened of the police, and stammered out his
story. He had cut classes, he said, to keep
a date with a girl-in Greenwood. After
driving over, however, he found that she
given him the wrong address and wasn’t
listed in the phone book. He had spent most
of the day trying to locate her, and had
returned to Walhalla late in the afternoon.

He had known John Boyter. Shedd hadn't.
Detectives were sent with Gilroy to. Green-
wood to locate people who had seen him
there on Wednesday. Shedd was released.
He promised to return with the men he had
played pool with as soon as he could find
them.

“Did you notice,” Wilson asked as they
went down the school steps, “the expres-
sion on Shedd’s face?”

Sheriff Weathers hadn't.

“That’s because there wasn’t any,” the

| Georgia investigator stated. “I never saw

a man apparently so devoid of feeling. I’d
hate to play poker with him.”

Weathers stopped. “Did it look—frozen?”
he asked. Wilson thought a moment, re-
calling the description given by the student
who had seen Boyter and his companion on
their way out of town.

“Yeah,” he said slowly. “Frozen.”

They returned to Weathers’ office. “It
might be,” said the sheriff, “that one of these
men has a record. Let’s check with the Army
and state identification bureau.”

Wires were sent at once. Army south-
eastern headquarters repbrted within the
hour that ‘both Gilroy and Shedd had good
service records, though Gilroy was inclined

| to be wild. He was an inveterate gambler
and was. usually broke the day after pay-

day. State identification officers at Columbia
had much more startling news to report.
“Curtis Shedd,” the state man phoned,
“was recently released for serving a two-
year, term at the Rabun County jail. For
robbery.”
“Heads or tails,” said Wilson. “Which

one do you pick?”

“Gilroy,” guessed the sheriff. “I doubt
if Shedd would stick his neck out after
just completing a sentence.”

“Let’s get them both back,” Wilson said.
“They should have the alibis established by
now.

Gilroy returned shortly with the detec-
tives. He had been able to locate a drug-
gist, a filling station attendant and a waiter
in places where he had used the phone in a
vain attempt to find his girl. Shedd—they
couldn’t find Curtis Shedd. He wasn’t at
home. Men were sent out to cover the
billiard parlors. It wasn’t until after midnight
that they picked him up in a local saloon.
He greeted the officers impassively. His face
was expressionless when they hauled him
back down to the jail.

He ‘had not, he told Weathers, been able

to locate his pool-partners and could, in no _

other way, establish his alibi. “Unless you
take my word for it,” he said.

“We'll see,” Weathers told him. “First, tell’

us what you did before you entered school
here. Did you have a job?”

After he got out of the Army, Shedd said,
he’d drifted around the country. Hitchhik--
ing, mostly, restless as a lot of ex-Gl’s were,
unwilling to settle down. “I workéd here and
there,” he said, “but only when I needed cash.
I couldn’t begin to tell you all of the places.”

“When did you come to this part of the
country?” Wilson asked.

Shedd shrugged. “At the beginning of the

semester,” he told them. “I’d been out on~

the west coast up to then.”
“Can you prove that?”
“Tf I can find a couple of guys...
“Like your alibi for Wednesday,” cut in
Weathers. “We can’t buy that either, Shedd.

”

We know you spent the last two years in

the Rabun jail.”
Shedd looked at him without a flicker of

_expression. “That's right,” he said.

“Then why did you lie?”

“If you knew I was an ex-con, you’d try
to pin this murder on me.”

Sheriff Weathers glanced at Georgia Agent
Wilson helplessly. Wilson leaned forward.

“Do you want to clear yourself?” he
asked. Shedd nodded.

“Would you come with me to Atlanta and
take a lie detector test ?”

“Sure.”

Weathers sent Shedd down with two
deputies to wait in the car. He looked at
Wilson and shrugged.

“T hope it works,” he said. “The guy’s a
pathological liar. With his face he could
swear to anything.”

Shedd didn’t speak, smile or frown during
the 120-mile drive to Atlanta. He watched
the mountains grow smaller and the level
country of central Georgia roll by. They
took him directly to the room where the
detector was set up, then briefed the operator
on the case. Skillfully he composed a list
of questions. Wilson was to ask them. All
of the men could see the telltale needle.

“Do you like school?” Shedd was asked
by one of them.

“Sure.”

“The Army?”

“Yeah.”

“Are you married?”

“No ”

“Did you know the buzzards got to Boy-
ter?

“No.” The needle didn’t flicker. Shedd
gazed nonchalantly at Wilson, answering
the rapid-fire questions without hesitation,
never changing ‘the expression on his face.

“Why were you in jail?’

“T held up a guy,’

“Are you sorry!

“Sure.”

“Would you do it again?”

“No.”

a ee

“What's your fav

“Blue.”

“How old are yc

“Thirty.”

“Married ?”

“I told you, no.”

“Does Jonnie Mz

“T dunno.”

On and.on it we
he refused to be trz
by car there were
the mountains and
of Jonnie May and
anything about the
in the flicker of a -
modic dilation of
guilty?

The operator of
think so. “You c:
that much,” he said
to have doubts. Wil
take the straps off.

“Okay, Shedd,”
guess we were wi!
the: way back to tl
to get in the rear
arm.

Caugh

“Who drove?” }
“Boyter,” said S

“Get in,’ Wils
long trip ahead. Y
the way.”

Wilson drove o
sat in the back se
a deputy. After
he had refused to
maintained his st
a completely dead

Weathers begat
the tongue wasn’t
indictment on, to
tion. He shot qu
moment they left
The  good-lookin
watched the field
Georgia go by wi

Perhaps he di
swung off Highv
continued on 23
Clayton, It was
through the’ smal
wards the Carolin
where the buzzarc
pellet-riddled cor}
as they topped -
overlooking the s
‘grim and patient
of fireflies throu
Wilson stopped tl

“They're looki
the bodies of Jon:

Shedd gazed
wavering line.

“They won't fin

“Where are the

“Keep goin’,”
leaned back and si

Wilson stopped
one of the officers
then .headed nort
the tiny settleme
grunted.

“Turn here,” he
on 246, leading
the town of Scaly
Moonlight glowe
but the little villz
on.

Between Scaly
Shedd reached uj
der.

“Take it slow,”
the road, watchin

“Okay,” he saic
there.” :

Handcuffed, nc


ec ee

22

Late ame:
te <i! “a

Saif}

Jonnie May. There was real terror in her clutch

ed hands.

take them to their mother? Was it a trumped-up story?

When nothing was heard of the missing father and his two
daughters by the evening of August 4, the Walhalla city
police called in Oconee County Sheriff Eddie Weathers.
Weathers notified his cruising force to be on the lookout for
an abandoned car and to cover the roads and canyons around
the county in the event that there had been an accident.
Beginning that night, county squad cars cruised slowly up
and down among the hills, their searchlights playing along
the road and“down: into the dark chasms. By morning the
area around Walhalla had been thoroughly covered and
orders were issued by radio to spread out over the entire
county.

An attempt was made to trace Boyter’s movements on the
day he disappeared, but with no results. His teachers at the
GI school said that he had not attended any classes. His
friends were questioned, but none to whom the police talked
had seen John that day. They made a-list of those who knew
him well. All but two or three of his friends who were out
of town had been questioned. There was no trail to follow,
no clue to give the officers a start.

During the next two days the intensity of the search in-
creased. Detectives re-questioned Mrs. Boyter and her
mother, but the frantic women were unable to provide addi-
tional information,

On Wednesday, August 9, a hunter in the wild section of
the rolling mountains above Clayton, Ga., up near the North
Carolina border, found the body of John Boyter. It had been
riddled with shotgun charges, decomposed by the elements
and time and nearly stripped of flesh by the big scavenging
birds who only eat from the rotted bodies of the dead. The
startled man gazed a moment at the pitiful remnant of a
human, then fled back over the nearby hauling road to his

‘car. At the nearest phone he stopped to report his discovery

to Sheriff Lamont Queen, of Rabun County, at Clayton, Ga.
It was a grisly task to remove the corpse. A careful search
of the area around where the body had been discovered was
made, but there was nothing that might provide officers with
a clue. The wallet was gone from his pockets and nothing
had been left for an immediate identification. Sheriff Queen
had received a report on the missing John Boyter, however,
and began to check the description against that of the moun-
tain corpse. The color of the hair was the same; so was the
general build. Queen telephoned Sheriff Weathers.
“He wore a wristwatch,” he finished, giving the make.
Weathers phoned him back in five minutés. The watch was
the payoff. Christine had given it to John on Christmas, 1947.
A search was organized to cover the desolate area between
Clayton and the North Carolina border. The area was in the
tip of Georgia, with North Carolina on the north and South
Carolina across the Chattanooga River to the east. Walhalla
was only 20 miles away. Rabun County police of Georgia
and officers from Oconee County in South Carolina were
joined by nearly 300 volunteers. Somewhere in those lonely
hills, they were sure, were the bodies of Jonnie Mae and
Jo Ann. No-hope was held that they were still alive, unless
they had been abducted by their father’s killer. The rest of
Wednesday, August 9, throughout that night and into the
morning of August 10, the grim posse moved in a thin, waver-
ing line. Their lights sparkled over the hills as they paused
to poke-into the underbrush or search the depths of a deep
ravine. The pine-studded mountains were combed by experts.

Student Gives Tip

Thursday morning the Georgia Bureau of Identification
joined in the search, sending men under Investigator Woody
Wilson to assist the local and county officers and the volun-
teers. Sheriff Weathers was called back to his Walhalla
office by an urgent message at noon. In view of the potential
importance of the summons, he urged Inspector Wilson to
come along. :

Back at Walhalla they found that county deputies had
located a student who had seen John Boyter on the day he
disappeared. He had been driving in the Walhalla outskirts,
headed out of town. With him in the front seat was a younger
man whom, the witness stated, was also a student at the
Long Creek school. He did not know the name of Boyter’s
companion, but he had seen him in the school hallways, com-
ing and going from classes. He (Continued on page 64)

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“Shedd,” he said. “That’s a damn lie.”

_ The man looked up at him impassively.

“Is it?” he said. He rolled over and pre-
pared to go to sleep.

They let him sleep until noon the next day,
and then had to shake him to rouse him.
They began grilling him before he had shaken
the sleep from his eyes, and by late after-
noon he said he was ready to tell the true
story. Again the stenographer poised her
pen, but after the first few sentences, Wilson
shook his head at her. She stopped writing.

Boyter was in love with his daughter
Jonnie May, Shedd said. He wanted Shedd
to establish his wife’s unfaithfulness so he
could secure a divorce. When Shedd refused,
they had driven Mrs. Boyter home.

_° “Then John drove me and the girls back
into the mountains. He strangled ’em both,
keeping me away with the gun. He left
‘em in the hills, but on the way back I got
the shotgun and killed him.”

“Shedd,” Wilson told him.
buy that either.”

“Okay,” the prisoner said casually. “You
wanted a.confession .. .”

“Not a bunch of lies. We can hold you here.
When you're ready to talk, let us know.”

Word had spread around Walhalla that

“We won't

| the slayer of John Boyter and his two girls

had: been. caught and was at that > moment
in the Oconee County jail. Shortly after
the dinner hour a score of townsmen
gathered around the jail. By 8 o’clock their
numbers had been increased to several hun-
dreds. Shedd, lying on the bunk in: his cell,
es eg the unmistakable murmur of the angry
mob.

“What's that?” he asked his jailer.

“You just ain’t popular around here,”
the man said. Shedd sat up on the edge of his
metal bed. : :

By 9 the mutter of the mob had reached a
howl and they had begun a slow chant that
renee every corridor in the county
jail.

“We want Shedd,” a hundred voices
clamored. “We want Shedd. . .”

“Gimme a cigarette,” Shedd told his
keeper. .

“TI don’t smoke,” the man said.

An expression of annoyance crossed the
prisoner’s face.

At 10 o’clock a few stones crashed through
the jail windows and glass tinkled on the
hard concrete floors.

“Damn , you,” Shedd shouted. “I gotta
have a smoke.” ae

Quietly the keeper went away.

Wilson and Weathers returned with him.

_ “Here,” the sheriff said. He held out a
cigarette. Shedd grabbed it. It fell from his
tight lips to the floor.

“Can't you stop ’em?” he shouted at
Weathers. Beads of sweat stood on his fore-
head and his fingers began a tremor.

“The militia is coming,” Winters told him.

“They'll get here in time.”

He watched Shedd carefully. Then, “What

do you care, if you're not guilty?” he said.

Shedd jumped to his feet. “You know
damn well I killed John and the girls,’ he
shouted. ‘‘Let’s get the hell outta here!”

“How about Mrs. Boyter ?”

“She wasn’t even along,” the prisoner
growled.

Weathers and Solicitor: Rufus Fant suc-
ceeded in quieting the crowd. Fifty National
Guardsmen from nearby Seneca helped.

The following afternoon Shedd was taken
to the jail at Gainesville, Ga. The same
day North Carolina state polite obtained a
warrant for murder against him in the
slaying of the two Boyter girls. He was
taken to the city jail at Bryson, then moved
to the new jail at Waynesville.

At Waynesville, before Solicitor Thad D.
Bryson, GBI Agent Woody Wilson and
Judge Felix E. Alley, he dictated and signed
his final confession.

He had killed John Boyter, he said. He
had driven him in his car into the Georgia
mountains on a pretense, and there shot him
with his own gun.

He had returned to Walhalla and had
gotten drunk. He indicated, without including
it in his statement, that Boyter had resented
his attempts to date his 14-year-old daughter.
Brooding, he drove over to the girls’ grand-
mother’s home and saw them in the yard. He
had lured them into the car on the pretext
of taking them to see their mother.

As they left Walhalla’s city limits, Jonnie
May had become suspicious. He had cuffed
her and she kept quiet. Jo Ann had begun
to cry.

He crossed the Chattanooga River, went
through the tip of Georgia and stopped near
Highlands. It was late afternoon and the
road was deserted. There he stopped and,
while Jo Ann looked on, he forced his at-
tention on her older sister. Then he strangled
her. Jo Ann, wide-eyed and screaming with
fright, was next. He carried their bodies
down to the ravine and covered them with
boughs.

On August 21, 1950, Curtis Shedd was in-
dited on murder charges in the slaying of
the two Boyter girls by a Macon County
grand jury in Franklin, N. C. He faced
additional chargés at Salolah, Ga., for the
shotgun slaying of their father.

Eprtor’s Note: To avoid embarrassment to
an innocent person, the name Larry Gilroy,
used in this story, ts fictitious.

CONGRESS OF AUGUST 24, 1912, AS AM

1. The names and addresses of th
Publisher, George T. Delacorte, Jr., 261

Business manager, Helen Meyer, 261 Fift.
thereunder the names and add:
If owned by a partnersh!

4, Paragraphs 2 and 3 include

bona ‘fide owner.
otherwise, to paid subscribers dur

‘

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(Title 39, United States Code, Section 233)
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261 Fifth Avenue, New York, N. Y.; Eee editor, Carmena Freeman, 261 Fifth Avenue, New York, N. Y.;
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Commission Expires March 30, 1952

Somebot

(Contir---7 +

Chipley and eve: yuu
and quiet, and then s
it and turns it into a
talk about anything
Dolphus Toole. They +
corners and asked eac
might be and made
would do when Bro,
they’d caught him thi |
world could have kept d

The first lead cam:
county workmen dow:
miles south of Chip!
shoe. Not many men \
at a thing like that, t
that it seemed to be
blood. Sheriff Brock.
Police Chief Jones an
trolman Sergeant Jo
heard about it a half
out, too.

It looked like a mz
I imagine the grout
stand had looked abot
broken off and smea
ground was torn up i
feet. It must have |
The sheriff found
butcher knife near »
found. There were 1
the killer had dragg:
the road and then a
dust where he’d slas
how furious the figh
were knife marks i
killer had slashed at

I only got a gist
because Brock wa
moéuthed about the c.
knife wounds in To
they weren’t all mad
head was nearly cut
his face had been bi
wallet, like I said, \
much doubt that rot
wouldn’t have
had been lure


coed

CERCA tos ha &

GAi adel acl ed bias esis tok Se an hc diet kas bode bo akad s Liaacs ld oo ta adi des ie ne bia aed

* 474 SOUTH EASTERN REPORTER

N. 0.
ae [4] The fourth question: Is section 8081

F eta-
contractor is susceptible of atari al Commis (rrr) N. ©, Code of 1981 (Michie) eonstite-
on. he Badings ot HO seaggrens as tional? We think so. The section is as fol-
sion, Shenstone: **P one y a lows: “If the Industrial Commission at a
to all questions of fact. ort Hearing on review or any court a =e

[2] The second question: As to a . a m. @ny proceedings are brought on Se ade a
of the accident filed with the Industria’ \o ~ this chapter, shall find that such hea Sis
mission by the Western Oil pags oO proceedings were brought by the eas =
think it competent evidence. The ee the Commission or court by its decision of
Oil Company, a corporation, by its we ae ders the insurer to make, or - eae Self

ig’ eport. He was sul juris. + of compensation to the in

peek Bea is set up. It was in the na joke the Semaaeion or court may further

ture of an admission, and ee = = order that the cost to the hn

considered in passing on the fact 3 such hearing or proceedings, inc'udie ined

whether Russell was an employee. in reasonable attorney’s fee to be ergo sh
issi all be paid by the in-

[3] The third question: As to the judgment by the Commission pet ees .
of the court below being erroneous; that in surer as a part of the bi s
affirming the award of the Industrial aa Defendants contend that this om
§ - F 4 itution
mission, it recites the ee of ee Fourteenth Amendment i gr cgornree a:
Free ee eee es mtiany, Ze 0 toe: Vinita, Beaten, thats. Te tn the

In Francis v. Wood seated ok ies wad: sapclasielgernaiines! Lay Te pie bur

aa 3. 654, 655, it is said: yhich puts a greé ;

N. C. 701, 704, 169 S. E 654 , = . case, and any act W j 7

“There is error, however, in ” agers den or penalty on one defendant ae ae

recting that an award be rea ks ce he on the other is a clear phen nscie ibe

‘ i ai : defendants, the

tiff for compensation to be P ye nies to the two ; , gee

fendants in accordance with Rag met tion of the laws and is void and areal
the North Carolina Workmen's get a The insurer is practically the eo ie ie
tion Act. The North pease: to find the controversy and pager aa: ie ue
Commission, alone, has jurisc This very provision was Co fj
: 5 Pee d fend- a “As ‘ 203 N. C.
the facts on which the liability a ne - ae: proved in Williams v. Thompson *
ants must be determined. Winberty ¥- 717, 720, 166 S. B. 906.

pS. 475.”
Inc., 204 N. C. 79, 167 S. E.
ince poled of the court below affirms the In Ahmed’s Case, 978 Mass. 180, 179 N. B.

; i and
sudgment of the North Carolina Industrial 694, 79 A. L. R. 669, this sen - oe
gg iterates its terms. N. C. ttorney’s fees was fully considered, citing
Commission and reiterates its . attorney ; Court
Code 1931 (Michie) § S0S1 (bbb) is as fol- gases from the United States Supreme Court,
; 931 (Mic be e i S-
lows: “Upon its own motion or upon the pq the opinion by Rugg, Chief Penge ee

lication of any party in interest on the pins fully the plaintiff's contention. ie
app ae of a change in condition, the In- pote 1 is as follows: “A statute providing
social 1 Ssaeuniinniort may review any award, 11.4 4 workmen’s compensation insurer seek-
sae 288 h review make and award ¢nding, ing review by the reviewing board of an
— x or increasing the compensation, 474 and ordered to make or continue pay-
——. ject to the maximum hall pay the cost to the injured em-

jously awarded, subjec ments 8 p : 1

previous a ‘provided in this chapter, and ployee of such review, including reasonable
or email send to the parties a copy counsel fees, but not providing for the allow-
- apne” No such review shall affect ance of costs or counsel fees to the insurer if
ee: ona as regards any moneys paid but 1 .ocsful, and operating to impose them on
a ne views shall be made after twelve an insurer successful in getting an award re-
- oe pase the date of the last payment of duced, does not deprive the insurer of De
shane tion pursuant to an award under equal protection of the laws, or of eeacapied
— without due process of law, or infringe the

this chapter.” : : re ne in justice without
Defendants contend that the judgment UD- gonstitutional right to obtain j

i ld merely affirm or T@ pyrchase.”
der this section shou
verse the decision, put on this record the =: ee eauied scale tal salient am

judgment is not prejudicial. This is a death papers ae m=
tales where the amount is fixed definitely. affirm

STATE vy. SHEFFIELD N.O. 105
174 3.E.
206 N. C. 374 James Sheffield was convicted of murder
STATE v. SHEFFIELD.

in the first degree, and he appeals.

No. 2. No error.

Supreme Court of North Carolina.
April 11, 1934.

The defendant was convicted of the murder
in the first degree of James Miller, whom he
was charged with shooting on the night of
1. Criminal law €=404(1). Kusiek 6 tak & 3
g nd di 983.
Evidence showing that defendant was wie sentenced = * ode age ue
shooting at witness when defendant killed - e SRC... Fe Iaug-
deceased, permitting witness to exhibit to ment of death by the court below concludes
jury wounds then received held not error in = these words: “And it is entered, 2t:
prosecution for murder of deceased. judged and ordered that the said warden
then and there cause a current of electricity
of sufficient intensity and voltage to cause
death, to pass in and through your body until
controversy and continued ill will between : rn .
defendant and person at whom defendant stds A oe = Great eso vive
was shooting when he killed deceased to show oa rau, mm iy taaete
malice held not prejudicial in prosecution for PitY, have mercy on your soul.
murder of deceased. The evidence, in part, by the witnesses for
the state, is as follows: James L. Welch:
3. Criminal law €=358. “Thi ergy ise
Where defendant claimed that he and faa sennlbtg: — a se, eater
heck: Ginre gt teteectn: bed at thias of snateder after dark. I don’t recall for sure who was
and there was testimony that shortly before there at the time of the shooting; Alvin
murder defendant had said that he was wait- Parker and three or four was sitting around
ing for son in garage to fix car whence shots Dut I can’t remember who it was, but any-
were fired, admission of evidence that son way the night of the shooting Bud (James)
never came to fix car, but that he was seen Miller came in the store and bought some

in vicinity of garage from three to five min- cigars from me and he said that Mr. Pipes
utes after first shot, held not error.

2. Homicide €=338(1).
Admission of evidence concerning old

was out in the car. As soon as I got the
4. Homicide €>287. cigars I turned around and we walked to

Instructions that motive may show de- FPipe’s car, which was parked toward Rick-
gree of defense or establish identity of slay- ™4n's steps that goes to the house, about four
er, but that it is not an essential element of to six feet from the northwest corner of Rick-
the crime, held not error in murder prosecu- man’s corner toward the gas tank, I could
tion. not tell from where he had come. Miller and

5. Criminal law €775(3), 778(8). myself eed outside the car and talked to
Inetrintlions ‘that “alll” ‘ineant siss. Mr. Pipes in the car some few minutes and
where, that it was not @ defense but mere Mr. Pipes said—Miller turned around to go
fact that might be used to discredit identity in the store to get some matches and when he
of person charged or prosecution, that bur- turned, to go back I turned around just be-
den of proving alibi did not rest upon defend- hind him, following him. Prior to that, I had
ant, but that all that was required of him seen James Sheffield in front of Cogburn's
was to adduce evidence sufficient to produce store about 15 or 20 minutes be
reasonable doubt as to his guilt, and that
state must show guilt beyond reasonable
doubt, held not error in murder prosecution.
{Ed. Note.—For other definitions of
“Alibi,” see Words & Phrases. ]

fore that.
As Miller turned around to go back in the

‘store, he was something like six to eight feet
ahead of me and I followed him back in and
as he stepped on the concrete under Rick-
man’s Shed at the left window as you go in,
6. Criminal law SPIIti (1). it looked like he jumped up about that high

Record in criminal case imports verity. (indicating) and as he done that he turned his
face back to me and he hollered, ‘Oh, Lord,
Teka’ Rak ss : Oh, Lord, I am shot, I am killed,’ and he fell
diesed iit Gill bad ete hee wes you had pied him up and throwed him
tion, rested in discretion of trial court, and psa afd 1 -walked up to Win and ¥ sid,
Was not subject to review. You know you are not shot,’ and he said—

7. Criminal law €923 (2), 1156(4).

“By the Court: How long was it after you
heard the shot fire until you got to him? A.
Appeal from Superior Court, Haywooq Two or three seconds.
County; Alley, Judge.

—_

_-—

“And I said, ‘You know you are not shot,

>For other cases see same topic and KEY NU
174 S.E.—7T%

MBER in all Key Number Digests and Indexes

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213A

106 N. O. 174 SOUTH EASTERN REPORTER
‘and he said, ‘Yes, I am killed,’
down over him on the balls of my feet, and
Alvin Parker walked up behind me and said,
‘He is not shot, is he? The shooting con- a .

tinued after that until six shots were fired. he Bi Lig Paes sea be sated
I squatted down over Miller and put this Soe aa oe suai? ames Shellie ad o 2

: to you, if anythmg, and what he did?”

finger on the hole and I noticed the blood,
and Parker said, ‘He ain't shot, is he? And The witness gave in detail the trouble he

I said, ‘I will be damned if he ain't,’ and right had with Sheffield three years before: “James
then I was hit in the jaw and it knocked me Sheffield and I have not talked any and have
and I caught on Miller with that hand, had nothing to do with each other since that
one bullet cut me across time: * ** When. I backed around the
at just scraped corner, I saw where the fire was coming from
1g where when the fourth shot was fired, and saw the
the shooting was coming from; I got up and man when the fifth shot was fired. I saw
started to back up, Was backing up around the fire from the fourth shot and backed
the corner of Rickman’s store, and I saw the around the corner of the building; as I
fire come out of the Sheffield Garage, and I. backed around the corner of the building, be-
backed up around the corner of the building fore I got around it, is when the fifth shot
and I saw the man as I backed around and was fired and when the sixth shot was fired,
he, Sheffield, was in between his candy ear, I was standing there looking around the cor-
parked on the left side of that double door, ner. I wasn’t sure who it was until the last
and he was in on the right side of it, and I shot, but I saw Jim Sheffield when the fifth
backed around this building and I put my shot was fired. Six shots were fired and he
hands up on the building and I looked back fired one shot after I recognized him. When
around at him and he shot the last shot at the sixth shot was fired, his candy truck was
me and I was looking at him and he knowed parked on the left side of the door and there
Six shots were fired in all, was a space there and he was on the right
side of that candy wagon, on the right side
“Q, Did you sce him an of the ear. I can't say how far he was stand-
shooting? A:.No, put while I was around ing from the front door, he come up into the
there, I had backed around the building, and light. I can't tell you how far back in the
Jud Pipes kept wanting to know
going on, oF what was happening. five or six feet of the front. There were no
na ae ee : r lights in the building, nothing except the re-
By the Court: sag Pe ae ated ceawe wate flection from Rickman’s store. The first
he, tom Pe lights of Rickman’s store would be about
There was 160

and I squatted A. We hadn’t had any trouble in some time;
it. has been nearly three years ago, the last

words we had.

over
and as I raised up,
there (indicating shoulder), th
the hide and I got up and I kept facir

it. I saw him.
I was hit twice.
y more after the

what was building he was; he was somewhere about

the shooting was going on?
the building and Mr. sixty or seventy fect away.
watt electric light globe in front of Rickman’s
I recognized him six feet back in the

I can’t say that is as far out as he
* * * After the shooting, I said I

“~ backed around
Pipes was turned like he was trying to get
out of his car and I said, ‘Jud, don’t get out, store.
itis Jim Sheffield over in that garage shooting garage;
at me and he might shoot you,’ and just after come.
the shooting, I said to Mr. Pipes, he had got would have to get Miller to a Doctor, and I
out of the ear, and I said, ‘Miller is bad hurt said I was going to have to get to one or I
and we will have to get him to town, and if I was going to bleed to death. I came to
don’t get to a doctor, I will pleed to death.’ Waynesville in the same car with Miller.
1 was wounded here and it come out here (in- JIugh Cathey was driving and John Michael
dicating on right jaw where the bullet enter- and Turner Vance was in the back seat with
ed, and the left jaw where it came out). Miller, I told the jury 1 made some state-
ll the jury where you ment to Jud Pipes. He said, ‘What is going
were hit and how many teeth were knocked on, what does that shooting mean?’ as I
out? A. (Witness shows jury.) Here on the backed up around the building and L heard
right side, it went in and come out here and him trying to get out of his car and I said,
it bursted the jaw bone and they took out ‘Jud, don't get out, it is Jim Sheffield over in
I don’t know that garage and it is me he is after, and he
might shoot you. At that time I was awful

mad at Jim Sheffield, about as mad as a man

“Q. Come down and te

some pieces at the hospital.
how many teeth it knocked out.

“Q. State whether or not you and Jim
Sheffield had ever had any trouble prior to could be.”
‘his time? A. Yes, we had. Kenneth Lowe:
Mr. Welch? and was over at Silve

“J am the son of the Sheriff

“Q. About how long before this, r Bluff that night, I

STATE v. SHEFFIELD
114 S.E, ys ee

went in the garage as described by Mr. Welch ing took place. I was i
“ Ahad ang ee That looks shot fired. James lee nem 7
peg ee cel i haar ‘ found Shem the door of Rickman’s store and I eo dec
or ee WO ea ats abl ot the hota Se a ec to tie ea be, Shes
prmeio bien d ale or a step or two behind him. 7
ec tgodl ce whens ry Pacmag the first shot fired, Miller sort maprsie?
See Loud. catle “Gar ta pate ee sales around and hollered, ‘I am shot, I am killed,’
bicdat seek garage when and he fell with his back to the ground, and
Jim Welch and me walked up about the pas

a. gel “sg i Jim Sheffield, James time to Miller and Jim Welch made the state-
eich ee oa vines Miller, ihe Aeseacha: snemt carnage ‘Bud, you are not shot,’ and
Laeiert re ese evening. I was with ee I don’t believe he is shot’ and Jim
vipa ie Sie aagale as ‘Bud: Miller. Welen stooped down and felt of the place
deters Aber 1; with me and then weere he was shot and he said, ‘Yes, he is
man’s See abo es me. We reached Rick- shot,’ and he said ‘Iet’s pick him up.’ and we
ae ot bon good dark, the best. T xe reached down to pick him up and the sec-
and ypped there. Miller got out ond shot fired and hit Jim Welch in the face

to get some cigars and went in the store and and he said, ‘Run, I am shot,’ and Tr: h
<ot them and come back and gave them to me Rickman’s store and I Soked back al + Sie
and he went back to get some matches; he Welch was backing up around the: oth r of
asked me if I had any matches and he had the building. Six shots were fired —_ .
aches Sok ae store to get the matches. I guess it is about 75 feet from this garage
as with him. to where Miller was shot. The lights were

burning. * * * I live near Sheflicld’s sbite
I saw this Winchester rifle, this 25-20, task
weeks before the shooting. It was on Priday

hollered and said he was shot; sai Se a ere ee
t; he said he jnp fis seh GF eee See
ing fish with it. I didn’t have the gun in my

was shot and kille 4 C
£ conid ba oy Sea I got up to where pands. I saw him load it; i

| : Gait ucionlad dona pe oad it; it was a repeater,
over Miller, I was sitting with my back to —
them practically, and there was siiother shot
oF two fired and Jim Welch come back out
like he was backing out around the corner of
ihe building. I asked Jim Welch what was
going on and what that shooting meant and
I started to get out of the ear and he told me
not to get out; he said it was Jim Sheffield
over in the garage shooting at him and I
might get shot. After the shooting was over
I net out of the car and was helping codes
Miller over to put him in the car to take-bim
i" pre ta and there was another gun
ired after w : ‘ ' ; : i
in position OS ete ae Beha fi rs ate Oe ats a ee oe

. s were com- .8X the car before the shooting? <A. No, sir.”

“Bud was in front when they started back
«© Hy ; ‘
and about the time he got under the shed I
heard a shot fire and in a second or two Bud

James Cogburn: “I was in the garage he-
fore this shooting; James Sheflield wae in
there. I had a conversation with him that
night; noticed him drive his candy track
in the garage and just in a minute or S
sometime, I stepped in the garage and poste
him if there was anything I could help him
do and he said he was waiting on his son
Laonerd, to come and change his tires tox
him. That was some little time before the
shooting, that was when he drove his car in
it was getting good dusky dark. ;

ing from because I was Sitti i
: se as sitting with my back
so ied Wate. a 4s ee my Dr. J. F. Abel: “That shot killed James
fired, and I shoaght i. ai aaa . Miller. I took the bullet out. The Siies Sc
acs g a ing from h; 5 :
navel g nand me is the bull <
le road, that is the way it sounded.” of James Miller; ES aciean ri ue
ae et - s } : -ars to me t Py
m Al - Parker: “I was present at the Rick- 23-20 callore.. © * * 1 tatked to 3 ™ .
an sto i . ; f id Ji ah
went - night James Miller was shot Welch, he said Jim Sheffield shot him.”
- s life. I had been there about thir- John Mitchell: “I have borrowed a 25-2
: f “1 a 25-20

ty minutes befc i '
eign ge yo Sarcincy sige and Winchester rifle from James shefticla, and
ea ee OR coe i. e his had it at my home almost a year before that;
beets Wimaieg hells "a oes about it was on the following October, I had last
hen Pens Ragone oo. not seen the gun in Mr, Sheflield’s garage, about
ing I saw him standing in ae ay ee ER ccs ae er tee Saree
ak umse wens neice ‘ “. ai gar- was in the garage that had been described
i oe us Sudan ye was under here. The shells you hand me, whieh have
store when the shoot- been introduced in evidence, are 20-20 sseiis,

S
&

S

2
<

¢5


1190 NO 174 SOUTH EASTERN REPORTER

premeditation, so that it becomes 4 definite

ing ill will made several months previously
o kill, anda consequent killing, with-

were held by Hoke, J., ‘undoubtedly compet- purpose t
ent. To same purport, State v. Rose, 129 N. out legal provocation or excuse, that consti-

C. 575, 40 S. B. 83, and other cases. Indeed, if tutes murder in the first degree. (S) The ex-
previous threats are competent, the prisoner istence of a motive may be evidence to show
cannot complain of the competency of evi- the degree of the offense, or to establish the
dence less effective to show animus.” State identity of the prisoner, as the slayer. (T)
y. Ballard, 191 N. C. 122, 131 Ss. E. 370. The But motive is not an essential element of the
testimony of Welch was to the effect that the crime, nor is it indispensable to a eonviction

ill will from the trouble continued down to of the person charged with its commission.
Gentlemen of the Jury, as I have already in-

‘ dicated, the prisoner says he wasn’t there at
{2}. The version of the trouble between the the time, that he was at home asleep and knew
two men, three years before, wes testified bi nothing about the shooting nor about Mr.
by both Welch and Sheffield. The Jury heard Welch having been shot nor about Mr. Miller
: : think the admission to haying been fatally shot until an hour or so

show malice was prejudicial. afterwards. (U) In other words, the prisoner
a relies in part on what is known in law as alibi.
An alibi, meaning elsewhcre, is not, properly
speaking, a defense within any accurate mean-
of the prisoner? ing of the word ‘defense’ but is a mere fact
dence, we do not think it merits the view which may be used to call in question the
taken by defendant. The defendant set up 2 identity of the person charged, or the entire
alibi that he and Leonard Sheffield, his son, basis of the prosecution. (Vv) The burden of
at the time of the shooting, were at his home proving an alibi, however, does not rest upon
in bed, The testimony objected to was to the the prisoner. The burden of proof never rests
effect that Leonard never came to fix the car upon the accused to show his innocence, or to
before the shooting and was seen three to five disprove the facts necessary to establish the
minutes after the first shot in the vicinity. crime with which he is charged. The prison-

This was admitted by the court below solely er’s presence at, and participation in the crime

for the purpose of contradicting the defend- eharged, are affirmative, material facts that

ant Sheffield, if the jury so found that it did. the prosecution must show beyond a reasol-

able doubt to sustain a conviction. For the

y he was not there is not an

the shooting.

both sides; we do not

[3] The third contention of defendant: Di
the court commit error in allowing evidence
to be introduced as to the conduct of the son

From a perusal of this evi-

[4,5] The fourth contention of defendant: prisoner to sa
Did the court commit error in its charge to affirmative proposition ; it is a denial of the
the jury as shown by the various assignments? existence of a material fact in the case. (W)
We think, taking the charge as a whole, it It is only necessary for the prisoner in his de-
but earefully gave the fense to produce such an amount of testimony,
contentions of the state and defendant and whether by evidence tending to show an alibi
the law applicable to the facts. The charge oF otherwise, as to produce in the minds of the
in reference to purden of proof applicable to jury a reasonable doubt of his guilt. (X)
tivi ases, was imma rial and harmless. F wes .
i vile ‘ ' ” “ ’ a “Now, bearing in mind that the burden rests
The law applicable to murder in the first de- 5
‘ upon the State throughout the trial to prove
gree and the duty of the state to establish . P
the prisoner guilty beyond a reasonable dou),
same beyond a reasonable doubt was clearly : ‘ 3
= : ‘ i J charge you if upon a consideration of all the
set forth. What was willful deliberation, pre- . 3 For ‘
rare evidence in the case, it leaves a reasonable
meditation, and reasonable doubt was proper- ‘ : ‘
The law of murder sn Sve sibencidl doubt in your mind, then he would be entitled
ne law of murder in the sevel to a verdict of not guilty, and it would be your

was not prejudicial,

ly defined.
degree and malice was accurately defined, al- duty to so find.”
so manslaughter. The law in regard to sub-
stantive evidence explained, and corroborative
und contradictory evidence applicable to cer-
tain witnesses was especially called to the at-
tention of the jury. The law of circumstan-
nee was fully set forth. The court ror.
“But motive is not Ed.) § 338,
of an alibi not
guilt, but it traverses one of the material aver-
ent, namely, that the de-

To the parts of the charge in brackets in
capital letters, defendant excepted and assigu-
ed as error. We eannot, under the facts and
circumstances of this case, hold same to be er-
In Wharton's Criminal Evidence (10th
in part, pp. 673, 674: “The defense
only goes to the essence of

tial evide
below charged the jury:
an essential element of murder in the first de-
gree, nor is it indispensable to a conviction,
-yen though the evidence is circumstantial.
It is the intention deliberately formed after

ments of the indictm
fendant did then and there the particular act

%
*

STATE v. SHEFFIELD
174 S.K. 111

char i é
arc g It is not an affirmative, nor an ex-
Ka = defense. The presence of the accused
q be time and place must be shown as es- show
en : P — - € i i i
wey to the commission of the crime. To th an abi be ctherwiat, 45.00 necer i
ie : >. 1e@ minds jury
d that where the accused is evi i ee ee
ee : le doubt of
of an alibi, has cast ar ’ , nt eee :
shots a reasonable doubt on the I
z € lis presence ar articipati a rng Yes ‘
he must be convicted unless se pOrbicipatyon, S. E. 430. 492 alesse ssa ncieteemitie:
nonco-operation be Ss he establishes his on tl tie ie Ge
> { a preponderance ene Ibi was, it se .
mpgs as ee nderance of proof, not di yam of alibi was, it seems to us,
ito confound bar prot yeitGe Tie. are ad ie : ial to the defendant. Te charged
rence. , P _ Substantially th: is i sin
in, the final question r — pik prvor ts alibi ‘he n pea TEN Racor
> § : : : ‘ :
in the final question emains, aia te laa, an 3 “es means that he was not, and could
“nts 1e indictment proved Piping. oabpermpg
yond a reasonabl proved be- 5 - PERCE OF She Romnicide
as e doubt? i PE Sa elu ea
sond a reasonable don a? Tf this audition espe : is committed, as he was elsewhere
s affirmatively, the ac : paiGee og ;
rannot eitad : > is not require atisfy
x entitled to an acquittal, without regard to eee eent We the truth Oe eK al c e beso
> . P hack Aa ;
he manner in which such doubt w ais eee ete ] te sith
whether by evidence or lack of a from the id belts ko ak
2 ack of evidence o ae enignr Sap es :
other factor i ei ci as comited, an
n the case. Th ere ve a an
, am odnle that en the homicide was i
ie factor j : =. ; ; ras committed, and
never shifts, in erimi whereas awn :
shifts criminal cas- LTrnen pee SECIS
cs, applies to th : al ca : : ae ae
ps e defense of a ibi i spot: :
AMM, ‘waked dict of not guilty sl
os alin to 0 ich Fe y should be return-
J oven so as to raise ot sie Pat eee 3 ;
s aise a reason- ee ——
able doubt as to whether or not the < ’ an eae it "all the ext
epee i. jury to consider all the evi-
-e, and say whether
J or not they are sat-

er in his defe
pole his defence to produce such an amount
estimony, whether by evidence tending to

was > r i
ap present when the crime was committed
is error to charg j ni ihe
ares tie tery teak the abi fied from the evidence, beyond a reasonable

must be establis :
NMMMLAS 9 prescenbeitice Ht doubt, that the prisoner killed the deceased

proof, because t ide . see
ni etnies: olvebid Kx to thé pat a instruction was not erroneous, but
ollow our decisions. St 5

: cis s. State v. Jaynes, 78
N. C. 504; State v. Reitz, 83 N. C. G34; St j
: 8 - 3 < ° 'e rt, HALE
idk abmeee e, C. 973; State v. Freeman,
pe R. C. a5, 5 8. E. 921; State vy. Rochelle
d6 N. C. 641, 72 S. BE. 481.” :

alibi i i
: a is to be considered only in connection
with @ ~ i ‘
reeabine the other evidence adduced, to de-
. ota whether, on the whole case, the guilt
ah : defendant has been established beyond a
reas : ;
ae npcy doubt. To hold that the accused
must, by his evidence 4 "
pe, cover i :

fei tree , eo the exact ‘time A defendant is entitled to instructio ali
aoe ee ime during the commission bi withouP"apeetal ‘prnyer-:. Btat ‘Melton
the crime charged, is erro: a a : ag: iy a ce ae
pe 5 AS r, the general 187 N. C. 481, 122 8. E. 17 .
wlng © : ’ > a rule : : acts se m x : ; ‘ se '

1g well established that eviden Y. Steadman, 2 0 768 70,198 8.1. 78
cing, well estat ee of abo adman, 200 N. C. 768, 769, 158 S. E. 478
ges ant and competent, even though eps
{ 0S “4 h
Te S not cover the exact time nor all of the
time, : icie ‘4
aestl Insufficiency of the evidence is not suf-
reat to exclude its consideration, as the
fing ae of its sufficiency to raise a rea
onab . i : ‘Getes at
3 e doubt is for the jury to determin
rom all the evidence.” :

wate hones ean contention of defendant:
court have set the verdict aside on
account of the prejudice and ill will of
of the jurors toward the prisoner? Shicon
Shige ec were presented to the court be-
' y the defendant, who asked for a new
fa Wale olen tek Ge ca trial on the ground that one of the jurors
‘ind: “It is not ‘essential ta ee , , we had expressed an opinion that the def ; i 2
ont Co SS aie We cana sie an hare god before he was sworn and heated
ime of the »? "4 i tet gh “ie .
the whole, oe part onde oe it covers to the court sick parr tg De ab oer
leary we ae a ‘ = of the evi- 1933; the court was about ee a page
sive it the weight they may tae ned may itation of law. The juror that uacdhakees ee)
; » The evidence was neinoetnt it entitled made against was in the cietchicadi ‘ ‘ile
fore admissible, and it was an vial there- time. In the record is the hiliiertaie: Yes
province Ge ihe Ss ee as i of the Court would have to proceed to judg he rs
Wetid Aimee eee — ae unless that it would treat the ip rteet ay me
“in Lie heen fe me ee as being in denial of said nade or ce
‘esstul proof. The » suc- prisoner, and tha ;
Mra alex Ee et ae . — following oe ws ba oat, 03 pe ns
T-mained upon the State to don ae ur en as of Saturday, December 16, 198 : tT ‘ ie
os : satisfy the jury  aflidavi ile f S eee anc ae
1e Whole evidence of the guilt of fia Yoon = Ghoti. vibe
, 1983, > act executed and

irisone It was my ne sa 3 December 1S, 1933. Phat
. so scessary [or ori a
e prison- filed on Monda y 1
iTisoner l f th ay, : 10: 903 4
’ . “hi

seria!


aistsh i

eae eee an oe Se

Meek at Talila

ae Bh ied ne he bh DL de a Dees deed REEMA RLL Tihs 2d Ae AD SE th Ath ek ded edad dds bs te RELL DA dee des

j

“

174 SOUTH EASTERN REPORTER

i Ich. I saw him the next morning after he
ee en Or Gade Sedo eget He told me he knew behage shot bim.
ee ti of the shooting. I He said, ‘I know who shot me. Sometime
prea i ail ld there that eve- after that, I don’t remember whether he was
mh a “aa : a al This gun was out of the hospital or not, I was there about
ee a ee hetibe that, almost a_ three times while he was in the hospital, and
pee ay Be not sure whether I one time after that he said, ‘Jim Sheffield
year before;

$ :9
brought the gun back or whether Leonard shot me, or. ~~
came after it. I heard five or six shots that Re Wickman: Ce .
side of Rickman’s store when James Miller lost his life. Iw : Piano
the shooting took place. The shooting waS Sunday night, August 6th. i. are : e
coming from across the road, that is where that place about five years. RS les
the sound come from as near aS I could tell; Jim Welch. W se I mance ed

is i i i age. The was standing at the corne : :
pone vi eo sini ms bmes wits a full waakieas te direction of where I thought
a this bullet hit the steps. I looked to see if
it had hit the steps, and it had. I saw Sim
- Welch standing at the corner of the building.
was sitting on the right side of. the. doer As I come out, I started over to my car, and
Rickman's store as you go in Bt = ss pat I asked the question: ‘Where is this shooting
we were all sitting there and the first thing cand wh we eT end Fil ‘evcach ‘vealed
we knowed a gun fired and Bud Miller Junip- up next to me and he said, ‘It is that damned
ed up and hollered that he was shot and “ Tien ‘Shetieid over in’ the garage’ ”
ae dae aa a ve kes aid The defendant denied that he shot the ad
ame eae _ ad — eylne said, ‘Yes, he ceased, James Miller, and set up an aubl. A
He's not shpt, c at ae ’ pera Ms that cross-examination, he gave his yersion of t .
id, (be. te got ate oe is when trouble that he had, in detail, with Waele
time another shot fired and that is Sead ug’ Saees

i revious.
ibaa a rgeebenaen ey a re paki pale a ieeatnk contradicting Welch and
d I went in the store
they began to scatter an

o ¥v Both Welch and
nd as I went in Ww ogre favorable to defendant.

in the store, Welch began to : 2
. € t and Sever come out of the store Sheffield’s general reputation were proved
back out an

i : was fired. It be good by numerous witnesses.
ai at ar Sra kes vines from the The defendant made numerous exceptions
te cals the Five or six shots and assignments of error, and appealed to the
elch Supreme Court. The material ones and other
will be set forth in the opin-

108 NO.

“J own the store where

as at home on
night. I was in

magazine.”

Turner Vince: “It was Sunday night.

garage across the road. : ,
y i a time I saw Jim W
Ash Sates ies store, he straightened necessary facts
up and started backing up in front of Rick- ion. 3 ;
man’s store. I have seen the bullet holes F. B. Alley, Jr, of Waynesville, Ennis Sen-
aparipnlig LE seth: wat it, We telle, of Southport, Morgan, Stamey & W ard,

about the edge of the window in front of oe Wagnestifia, and TWh s rack, Ae habe

Rickman’s store. * * * I had seen Jim

heffi d there rior | in i him
N e. prio to the shooting, saw
seo t Cx gburn’s or the garage about fiftee Dennis G. Brummitt, Atty. Gen ’ and A. A.
abou 0§ n

r the State.

twenty minutes before the shooting. The F, Seawell, Asst. Atty. Gen., fo
or twent s d
earage doors were open and he was stand
ag in front. The lights had not been on long CLARKSON, Justice.
when seis shaotion 8 — {t] On the record, there is no question me
“IT know James Sheffield by the defendant as to the sufficiency ed
t, between five evidence to be submitted to the jury. The

i . . = 1e
shooting. He facts are exclusively in the provinte of =
In the exceptions and as-

ade by the defendant, we
out will consider the

ville, for appellant.

Deaver Gaddis:
and saw him there that nigh

i e : the
and fifteen minutes before ;
was at his garage door talking to Dr. Hair. jury to determine.

He went into the garage door as I ~— signments of error -
across the road. Dr. Hair was getting Eeeny can see in law no ceene applicable. ‘The
to leave. Dr. Hair left before the shooting. jnoterial ones and ore “< att A
That was five to fifteen minutes before the grt contention of de end: we B mnie :
shooting. The shooting came from the gar- Qourt have permitted Me er A hath
age. Five or six shots were fired. I helped exhibit his injuries re 0 . aoa
i i sti -e do not think is borne out by
put Miller in the car. question we seen Mitler seactea "16°E0
Theodore Hartgrove: “I know James state’s evidence.

STATE vy. SHEFFIELD N.C. 109
174 S.E.

into the store, he was followed by Welch, and,
after Welch was shot down and Miller had
squatted down to give him aid, he was shot
in the jaw and knocked over, and, as he raised
up, a bullet cut across his shoulder and scrap-
ed his hide, and, as he backed up around the
corner of Rickman’s store, the defendant Shef-
field kept firing at him—“he shot the last shot
at me”—six shots were fired in all. The evi-
dence clearly indicated that it was Welch that
Sheffield was trying to kill and not Miller.
The testimony of Welch was to the effect that
the trouble between them had started three
years before and the feeling continued down
with the shooting. The question and answer
objected to was as follows: “Q. Come down
and tell the jury where you were hit and how
many teeth were knocked out? A. (Witness
shows jury.) Here on the right side, it went
in and come out here and it bursted the jaw
bone and they took out some pieces at the hos-
pital. I don’t know how many teeth it knock-
ed out.”

Welch testified from where Sheffield fired
the shots. It was competent for the state to
show the range of the bullet; this would tend
to corroborate Welch as to where Sheffield
was standing when he fired. We cannot see
how it would be prejudicial or unnecessarily
arouse the feeling of the jury. They could
see the witness on the stand and could see
the injuries better when closer to the jury.
The ill will of Sheffield in this case was to-
wards Welch, not the dead man. The range of
his rifle indicated that it might have been
for Welch on the first shot, as he was close
to Miller, but the other five shots—two hit
and the others followed Welch as he backed
away. The evidence indicated that Sheffield
had malice towards Welch and killed Miller
when shooting at Welch.

In Wharton’s Criminal Law (12th Ed.) vol.
1, part § 442, pp. 677, 678, we find: “Where A
aims at B with malicious intent to kill B,
but by the same blow unintentionally strikes
and kills C, this has been held by authorities
of the highest rank to be murder.” State y.
Senton, 19 N. C. 196; State vy. Fulkerson, 61
N. C. 233; State v. Cole, 182 N. C. 1069, 44
S. E. 391.

The law is thus stated where numerous au-
thorities are cited, in State v. Dalton, 178 N.
©. 779, 781, 101 S. E. 548, 549: “In cases of
this character, it is the generally accepted
Principle that, where one man, engaged in an
a tray or difficulty with another unintentional-
iy kills a bystander, his act shall”be interpret-
«1 in reference to his intent and conduct to-
Wards his adversary, and criminal liability

for the homicide or otherwise and the degree
of it must be thereby determined.” On this as-
pect, the court below charged the jury, which
was not excepted to, as follows: “I also
charge you, gentlemen, that it is the law of
this State that if one, attempting to commit
a premeditated and deliberate murder, shall,
while in the act, and as a result of it, kill
another, he will in respect tp the person killed
be guilty of murder in the first degree; as
if one lay poison for A and it is taken by B,
from which he dies, it is murder in the first
degree; or if one, of malice, either express or
implied, but without premeditation, and with-
out deliberation, be in the act of killing <A,
and while in the act and as a result thereof,
he kills B, it is murder in the second degree.”

The second contention of defendant: Did
the court err in admitting evidence of ill will
between the prisoner and a witness, and the
details of a former controversy between them?
This contention we do not think is borne out
by the state’s evidence. The shots indicated
defendant was trying to kill Welch, the wit-
ness, and not the one he killed. It is well set-
tled in this jurisdiction that: Motive is not
an essential element of murder in the first de-
gree, nor is it indispensable to a conviction
even in cases of circumstantial evidence,
though it may tend to show the degree of the
offense, or to establish the identity of the de-
fendant as the slayer. State y. Adams, 138 N.
C. GSS, 697, 50 S. E. 765; State v. Lawrence,
196 N. C. 562, 565, 146 S. EB. 395.

In State v. Merrick, 172 N. C. 870, 873, 874,
90 S. E. 257, 258, we find: “In State y. Norton,
82 N. C. 629, it is held that in an assault and
battery evidence of previous declarations of
the defendant tending to show malice is in-
competent, but ‘if the defendant had been in-
dicted for murder, for an assault with intent
to kill, for a conspiracy or forgery, or any
other offense where the scienter or the quo
animo constitutes a necessary part of the
crime charged, such acts and declarations of
the prisoner as tend to prove such knowledge
or intent are admissible, notwithstanding they
may in law constitute a distinct crime.’ The
declarations here made, especially in view of
the immediate facts surrounding the homi-
cide, probably had exceedingly small, if any,
weight with the jury. But the fact that it
may have been made six or even twelve
months previously did not make such eyi-
dence incompetent as a matter of law. As the
judge told the jury, the lapse of time was u
matter for them to consider as to the weight
to be given the evidence. In State vy. Exum,
13S N. C. 605, 50 S. E. 288, declarations show-

ans ey ee

a
3
$3
=
of

ey

oy

Te ARR RT pS


tals

Sa ADE Ad DA do tal ES Gok ERM ELS

i oh

bod BARS Abeba ds Cid Bh ke dadied Maio cat steed idea Aa das 2

112 NO.

ronouncing judgment, the
es that it would find as a fact that the
prisoner was not prejudiced in his trial by
reason of such alleged miscon
or May, and so held.”

The record imports verity: “Upon the com-
ing in of the verdict, the prisoner mores to
set the same aside and for a new trial, upon
the ground set forth in the affidavits filed up-
on which he bases his motion, and for wanes
already assigned and hereafter to be assigned.
Whereupon, the Court finds the following
facts: That the juror, Jack May, wie is al-
leged to have made the statement prior to his
selection as a juror, aS set out in the affidavits
of O. M. Scroggs and Lloyd Parham, together
with each juror finally selected, was thor-
oughly examined when called and before he
was chosen as a juror, and by answers made
to all interrogations by both the State and
the prisoner, fully qualified himself as a fair
and impartial juror. That the said J ack May
is a man of high character, 4S indicated by
the numerous affidavits filed, and isa man of
intelligence and standing in his community.
And the Court being of the opinion that the
prisoner was not prejudiced in his trial by
the matters set forth in said affidavits and in
said findings of fact, the motion of the pris-
oner for a new trial on said grounds is over-
ruled and the prisoner excepts.”

In State v. Levy, 187 N. C. 581, 588, ae Ss.
B. 386, 390, is the following: Pa conan a to
the polls, or objections to individual jurors,
must be made in apt time, or else they are

deemed to be waived. It is too late after the

ital cases, a
i as been concluded. In cap!
ce or propter af-

challenge propter defectum,
fectum, should :
to the book to be sworn and before he is sworn,
State v. Davis, 80 N.
incompetent juror was permit
case does not vitiate the verdict.

the jur- the opinio
= new trial on the ground of newly discov ered

evidence, whether made at the trial term, cr

be made as the juror is brought

C. 412. The fact that an
tted to sit on the
State v. Up-

174 SOUTH EASTERN REPORTER

Court an- legal inference, are not subject to review on
appeal to this court. Numerous cases In which

this principle has been applied are cited in

n in that case. The motion for a

at a subsequent term, of the court in cases
where the motion may pe made and allowed
or disallowed at such term, are addressed to
the discretion of the court. The order allow-
ing or disallowing the motion is not subject to
review by this court; it is made in the discre-
ion of the judge, and is conclusive, when
made in a criminal action, on both the state
and the defendant. State v. Branner, 149 N.
9, 63 S. BE. 465.”

The matter complained of by defendant was
in the sound discretion of the court below and
not subject to review by this court. We have
examined with care all the exceptions and as-
signments of error made by defendant, and
think they cannot be sustained. Some of them
are premised on facts that we do not think
susceptible from the record. Some of the ex-
ceptions and assignments of error relate hd
contentions. The whole matter was one main-
ly of fact for the jury. In the record, we can
find no prejudicial or reversible error.

No error.

206 N. C. 347
FORESTER et al. v. TOWN OF NORTH
WILKESBORO et al.
No. 193.

Supreme Court of North Carolina.
April 11, 1934.

ton, 170 N. O. page Tri, SF EB = 1. Schools and school districts €=103(3).

when the incompetency ‘
til after the yerdict, it 1s
with the judge as to whet
the circumstances, order a new
action in this respect is final.

pert, 93 N. C. 618.”

In State v. Cox, ;
E. 907, 908, speaking to the subject:

is not discovered ut-

202 N. C. 378, 380, 162 Ss.
The law * 1 : (e
reasonable time under circumst inces ub.

Statutory provision that request for sub-

then discretionary mission to electorate for additional school
her he will, under

levy shall be filed with tax levying authori-

trial, and his tjes on or before June 15 held not mandatory,
State vy. Lam- gnd request for speci

al election filed on June
30, 1933, was valid where administrative or
wax not set up until after June 15, pgpane
election machinery was commenced within

applicable to the decision of this question iS paws 1933, ¢. 562, § 35).

well settled.

G@=F or other cases see sume topic and KEY

In. Goodman Vv. Goodman, 201
N. GC. $08, 161 S. E. G86, it is said by Stacy,
oC. J., that rulings of the superior court on
matters addressed to the discretion of the
court, which involve no questions of law or

Circumstances disclosed that the board
of trustees of the administrative unit filed
a written petition requesting that @ rete
cial election be held to levy a tax of 20
cents on the $100 valuation of property,

NUMBER ia all Key Number Digests and Indexes

FORESTER v. TOWN

the tax to be used to supplement the sal-
aries of teachers and other expenses inci-
dental to the opening of the town high
school; that the board of commissioners
of the town on July 4, 193%, called the spe-
cial election to be held on August 15, 1933,
appointing a registrar and two judges, one
in favor of the tax and one against the
tax; and that the notice of the registra-
tion and election was published substan-
tially as required by law.

2. Schools and school districts €=103(2).

OF NORTH WILKESBORO

174 8.E,
of no effect, and that both the levy and the
tax is illegal and void; the chief relief
sought in this action is injunctive, praying
for a permanent injunction against the de-
fendants enjoining them from the collection
of the alleged tax. The plaintiffs applied for
and obtained a temporary restraining order,
which by consent of the parties under C. S.
§ 858, was heard by his honor, Judge Hoyle
Sink, and from an order dissolving the tem-
Pecary restraining order, the plaintiffs ap-

N. O. 113

i eal ‘

Special school levy which was voted by a to 2 Supreme Court and made ex

majority of electors held not invalidated on “? ping assignments of error hereafter
ground that registration books were kept set forth:

open only on July 8, 15, 22, and 29, and not

The judgment of the court below is as fol-

the following Saturday in August. while law lows:

required four Saturdays and Saturday for
challenge day prior to election, under circum-

“This cause coming on to be heard before

stances showing that no harm resulted from HS Honor, Hoyle Sink, Judge holding the

inadvertence (Pub. Laws 1933, c. 562, § 35).

Circumstances disclosed that on Satur-
day on which registration books should
have been kept open no voters presented
themselves for registration either at the
polling place or to the registrar personal-
ly, and that the election was discussed pro
and con from the date of July 4, 1933,
when it was ordered by the commission-
ers to August 15, 1933, when the election
was actually held; that 715 voters regis-
tered for the special election, at which 383
votes were cast for the tax and 93 votes
against the tax.

3. Elections €=227(1).

Substantial compliance with law relat-

ing to elections is sufficient.

—_—+_—.

Appeal from Superior Court, Wilkes Coun-

ty; Sink, Judge.

Action by F. C. Forester and others, on be-
half of themselves and other taxpayers of the
Town of North Wilkesboro, against the
Town of North Wilkesboro and others. Judg-
ment for defendants, and plaintiffs appeal.

Affirmed.

; This is a civil action brought by the plain-
tiffs, who are taxpayers and citizens of the

town of North Wilkesboro, which is a school
administrative unit under the School Ma-
chinery Act of 1933 (Pub. Laws 1933, ec.
562), against the defendants, the town of
North Wilkesboro and W. P. Kelly, tax col-
lector of the town, restraining the defendants
from collecting an alleged special school tax,
for the reason, as alleged by the plaintiffs,
that the election held for said special school
tax in said special school tax unit is void and

Courts of the 14th Judicial District, and it
appearing to the Court by written stipulation
between the plaintiffs and the defendants, as
provided for in Section 853 of North Caro-
lina Code of 1927, the parties have mutually
agreed that the temporary restraining order
issued in this cause be heard before His Hon-
or, Hoyle Sink, holding the Courts of the 14th
Judicial District, at Charlotte, N. C., on Fri-
day, October 27th, 1933, and after the read-
ing of the pleadings and affidavits in this
cause, and after argument of counsel for the

plaintiffs and defendants, the Court finds as
facts:

“That a special election was called in the
City Administrative school unit for the town
of North Wilkesboro on July 4, 1933, by the
Board of Town Commissioners, upon a writ-
ten request filed by all of the members of the
Board of Trustees of North Wilkesboro City
School Administrative unit; that an election
was held for the purpose of voting a special
levy to supplement the school funds in said
school on August 15, 1933; that notice of
said election was duly given in a local news-
paper published in the town of North Wilkes-
boro, as provided by law, and that said no-
tice set forth that on Saturday, July 8th,
Saturday July 15th, Saturday July 22, Sat-
urday, July 29, were designated as registra-
tion days and that all parties desiring to vote
in said election would have to register dur-
ing this period before he or she would be en-
titled to cast their ballot in said election;
that Saturday, August 12th, 1933, was desig-
nated as challenge day; that the registration
books for said election closed on the third
Saturday instead of the second Saturday be
fore the election; that there were 715 duly

qualified electors registered for said special

€>Fer other cases see same topic and KEY NUMBER in all Key Number Digests and Indexes

174 SE—8

wie

“phe ai Sy

oe a Sia

The Dallas courthouse where Caroline Shipp was
tried and convicted of murder in 1891. She was
executed on December 17, 1891. (Photo by Robert
L. Williams)

threshed in agony until a man disen-
gaged himsclf from the crowd and
pulled downward on her feet until her
neck snapped. Death was immediate,
but the law enforcement officers let the
corpse hang there until Jate that after-
noon, when thev cut it down and
buried it hastily in a pauper’s grave
near the tree. At that point the last
spectators dispersed to their homes.

Who Was Guilty?

The bizarre tale would normally
have ended at sundown; this tale,
however, was just beginning. That
night, before the loosely packed dirt
had begun to settle. graverobbers dug
up the body and carried it away.

In rapid succession other scenes in
the drama unfolded. Rumors sprang up
that it was not Miss Shipp but her boy-
friend Mack Farrar who was guilty of
the murder. It was alleged that Farrar
had told Caroline that he could agree to
marry her but that he would not rear a
child that was not his, that he would get
rid of the child.

Caroline Shipp had gone to a general
store at Lowesville to purchase a box
of “‘Rough on Rats’’ poison, but she
had testified in court that she had left

26

the room while Mack held the child,
James Shipp, and when she returned
she saw him administering a spoonful
of poison, mixed with whiskey. The
child started to convulse and died
shortly afterwards.

And the man who had pulled the legs
to cause death became, according to
local rumors, a chronic alcoholic and
died in a terrible state of emotional in-
Stability as a result of what he had
done. The coroner resigned his posi-
tion earlier, and the executioner him-
self, who died not very long after-
wards, reportedly never recovered
from the terrible scene.

Farrar himself disappeared from
sight, and later it was told that he had
been killed in a knife fight when an
argument over Caroline Shipp’s death
had instigated a fracas.

Macabre Details

A Dallas man, who was for some
reason in the attic of a local doctor’s
business office, reported that he had
found a skeleton hanging on the wall,
and the doctor, upon questioning, had
admitted that he had obtained the body
of Caroline Shipp and had boiled the
flesh from the bones and had preserved
the skeleton for medical study.

More and more macabre details
began to surface. One strong rumor
was that Caroline Shipp, who spent
eight months in jail prior to her execu-
tion, had become pregnant while in-
carcerated and that she had actually
aborted while she was dying.

The body of the child had been ex-
humed for an autopsy, and the vital
organs and their contents had been
turned over to the Department of Agri-
culture for tests to determine whether
there was arsenic present. But the lab-
oratory anaylsis mysteriously disap-
peared. No record of it, as far as can be
determined, exists.

Public Visits

Today, nearly ninety years after this
dramatic and traumatic episode in
Carolina history, the event is still dis-
cussed, still found remarkable, still
bizarre and fascinating.

The courthouse where Caroline
Shipp was tried still stands and is open
for public visits; the jailhouse is still in
good condition but is now used as a
restaurant; many of the people who
know the details of the hanging are still
alive and happy to discuss the execu-
tion, the many historians (Gaston
County 1s full of them) of the area like
to trade yarns about it; the tree on
which Miss Shipp was hanged still
stands, and around it are the many

pauper graves of persons in many ways
similar to Miss Shipp. The graves fre-
quently are unmarked; in other in-
stances, the marker is crude and crum-
bling.

Above all else that survives, how-
ever, is the nagging and troubling
question of whether the wrong person
died for the heinous crime or whether
half of the guilty parties suffered. The
questions — and the many remaining
physical properties related to the crime
— are still worth re-examining.

REMEMBER?

“THE MAN ON THE STREET”’

One of the popular features in THE
STATE is the little quiz captioned
‘‘How Many Can You Answer?’’
which tests your knowledge of North
Carolina and many other places and
things.

This deserved popularity has been
going on since the magazine was first
published in the early 30’s, but back in
those days the questions had a double
dimension.

Carl Goerch, our founder, quite lit-
erally “‘put the show on the road”’ with
a very popular quiz show, usually done
on Fayetteville Street in Raleigh in
front of the Wake County Courthouse
(and quite near the studios of Station
WPTF, which produced the show) and
was always a magnet for a crowd of
people who lived in Raleigh or were in
town for the day.

Carl was not only anexcellent writer
and public speaker, but he spared time
to do quite a bit of broadcasting. Dur-
ing the General Assembly sessions in
those days he would present an eve-
ning wrap-up called ‘‘Doings of the
Legislature’’ which enjoyed a wide
audience.

The once-a-week **Man on the
Street’? quiz show was equally popu-
lar. Carl entertained his contestants as
well as his broadcast audience, and
they had a good time even when they
won no money.

Yes, the prize was cash money, and
in a form you just can’t get nowadays.
The prize was one silver dollar. If the
contestant missed, the next competed
for two silver dollars — and so on until
the money began to amount to some-
thing. The questions were not easy. |
guess the idea was to make it more
appealing with more money.

Once in my entire life I won a
‘“‘yackpot’’ from Carl Goerch. My

THE STATE, FEBRUARY 1980


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Yo Be klanged

The bizarre aftermath of Caroliue
Shipp’s grisly execution lingers on.

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By ROBERT L. WILLIAMS and
PAULA DOVER

On December 18, 1891, Miss Caro-
line Shipp ate her final meal on this
earth: it was a hastily provided snack
of sardines and crackers served to her
as she rode atop a crude pine coffin in
the back of a creaking buckboard
pulled by a pair of unwilling horses.

A few minutes later, Caroline Shipp
became a statistic; she also became the
last person to die by legal hanging in
Gaston County and the last woman to
be executed on the gallows in North
Carolina.

Caroline Shipp was a frail girl,
barely eighteen, and perhaps slightly
retarded. She had been convicted in
mid-October of having murdered her
son, not quite a year old, and Judge
J. F. Groves had sentenced her to hang
by the neck until she was ‘‘dead, dead,
dead!”’

The judge also ordered that gallows
be constructed for the hanging; how-
ever, Gaston County already had its
own natural gallows, a massive white

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oak that stood (and still stands) one
mile west of Dallas on the Cherryville
highway.

The day of the execution, according
to old-timers, was a crisply cold day
following a long siege of rainy weather,
and the roads were so soft that a wagon
wheel would sink nearly a foot in mire
in especially bad places. And the
heavy traffic that morning had ren-
dered the roads so nearly impassable
that hangman Van Sellers of near
Kings Mountain had required nearly
three hours to make the fifteen mile
trip.

A Terrible Scene

Shortly after eight o’clock on that
morning the buckboard arrived at the
hanging tree. Along the way Caroline
Shipp had sung bits of songs, talked
calmly with persons who lined the road
to see her, and she had at two or three
points spotted a friend and had leaned
over to whisper that she was not guilty

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THE STATE, FEBRUARY 1980

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The Hanging Tree near Dallas where Caroline Shipp
was executed still stands, and near it stand grave
markers of the paupers who were buried here. Miss
Shipp was the last woman (and one of only two in the
history of the state, the other being Frankie Silver in
1833) to be hanged in North Carolina. Hanging was
outlawed in 1910. (Photo by Robert L. Williams)

of the crime she was to die for. And the
buckboard was filled with children
who had hitched a ride for the occasion
which had brought hundreds of spec-
tators, many bringing picnic lunches,
to spend the day at the site.

When Miss Shipp arrived, she was
pulled from the wagon and ordered to
stand on a high box. In her hand she
held a huge white handkerchief, and
Sellers told her that when she was
ready she was to drop the cloth as a
signal.

For several minutes she stood there,
singing softly an old song **"Why Do
We Mourn Departed Friends,’’ her
face contorted with fear and despair.
Finally, she dropped the handkerchief
and the executioner kicked the box
from under her feet.

The drop was short, not enough to
cause death, and the victim kicked and

The old Dallas jail, where Miss Shipp was held
Prisoner until her hanging, has also sutfered in the
pust decades. After ceasing to exist asa jail, it was
in dcnger of razing but is now used asa restaurant.

(Photo by Robert L. Williains)
Y. 2