Kentucky, H-J, 1858-1990, Undated

SOUTHWESTERN REPORTER, Vot. 12. — (Ky. Ry.) wo
. ODHEAD »v. FOULDS.

129 *

128

*
C

> ties, under the instructions of the court,] Appeal from circuit court, Kenton county.
from the inception of the trial until its tere] “Not to be officially reported.”
mination; and the trial judge, in overruling} Action under Gen. St. Ky. c. 57, § 3, pro-
the motion for a new trial, after making, a3| viding that, if a person is lost or destroyed

the record shows, full inquiry as to the action | through the willful neglect of another per-
of the jurors, could not be said to have abused | son, company, or corporation, the widow,
his discretion, even if this court had the|heir, or personal representative of the de-
power to revise his action. ceased shall have the right to sue therefor.

There are no objections to theinstructions,| James P. Tarvin, for appellant. W. 4.
nor was there any ground for an exception. | Byrne and L. J. Blakely, for appellee.
The man killed had been an important wit-
ness for the commonwealth ina prosecution| LEwIs, C.J. Appellant, administrator of
against the wife of the accused, who stood Edward Koening, brought this action to re-
charged with taking the life of one Thomas | cover damages for destruction of the life of
by shooting him witha pistol. She was con- his intestate, who was an infant, by the al-
victed, and sent to the state-prison. This leged willful neglect of appellee in failing to
was the only motive causing the accused to| keep the bridge, whereon he lost his life, in
take Abner’s life, so far as this record shows. | & safe condition.
The accused and Abner, the dead man, were| In the case of Henderson’s Adm’r v. Rail-
together in a grocery in the town of Paris on road Co., 5 S. W. Rep. 875, decided in De-
Sunday night. The accused had first entered cember, 1887, it was held that the widow
the grocery, and had been there for some time | and children only of a person whose life is
with others who have testified in this case. destroyed by willful neglect are entitled to
Abner, the man killed, came into the grocery | what may be recovered in an action author-
while the accused was there, and purchased | ized by section 8, c. 57, Gen. St.; that the al-
some cigarettes, treating the crowd. Inafew ternative right of the personal representative
minutes the accused left the grocery, and in|to sue can be exercised alone for their use
a moment or two Abner left. ‘After a short|and benefit, and consequently, if there be
interval pistol shots were heard, and a wit-| neither widow nor children, he cannot main-
ness (a woman) heard some one ery out about | tain the action. ‘Thesame question has been
that time: “I am a dead man, Hunt. What] passed on and decided at the present term
did you do that for?” Another woman (col-}in the case of Jordan’s Adm’r Vv. Railroad
ored) states that she saw the man running, | Co. 118. W. Rep. 1013.
and recognized Hunt, the accused, astheman| It appears the intestate in this case left
firing at him. He was some 10 or 12 steps | neither wife nor children, and, that fact hav-
behind his victim. Hunt, who was examined | ing been pleaded and relied on as a defense,
as a witness, denies the shooting, and at-| the question of appellant’s right to maintain
tempts to explain away the circumstantial | the action was directly presented and passed

testimony against him. The positive proof |on by the lower court; and, as the court did

of his actual presence, and his firing the shots not err in dismissing the action, the judg-

that took Abner’s life, is attempted to be over- ment must be affirmed.

thrown by proof of conflicting statements
made by the witness, and other circumstances Wuarne’s Ex’R 0. Moraan et al.

payment of his debt. The only parti
conveyance are the husband ae wife. orhe
recited consideration is love and affection
and the future payment by the grantee to two
_ mortgagees of “the amount due them upon
. SS het Te — 10 per cent. interest

: , till paid, secured b i
pi thong : ’ y | sufficient moti
2 tga neon ee saga civ oeeas fraud. It it os to sal hg adie: it nie
arty. [tbe wile F with ae pete cond | garded with suspicion. If 1s Te- |
) .] % vil ilageser cell (rasth picion. the consideration
ing 0: mortgaging it during the lif Glia ee ee
snk arty tthe" husband e life of said | satisfactory explanati 1 pa Figen na

; ; : Prosar of he | planation. In this instan
written consent; but if not “ ‘ rg Har parle shaadi ed,

: bu Pe terss boar Scarfe. $810 had been created
gaged than tp Kall + Gebing her 1 Od pers siaedtcaelbare min Lae
a g her natural life, | wife it had, u ~ oe
rath an the dah of ud Sel [Su 1875 sl ving and fr he
sche lle Yr chil-| a new note h f aaa
sas dels meta ee cates ft og, aren ee
prt " o make the| to the wife ad oe ae oe
bor pores areal ba a hes bomen that she is Beery retain Pod i it
-ehpacsone ee de a 651. More than| “the amount due them” poe en

: > ute due them” upon it. If, t
a atine 4 r period | ever, tl rati i Riad
g an action for relief upon the ground | false, ait: Ge Goarcee. tte sa
questionably

of fraud,—had elapsed befor
pare they were mad :
such parties by an amended petit! e/ fraudulent, yet if in f
petition on No- : : in fact the propert
vember 22, 1886. ‘They relied upon the ee ee subionted de Sie eter ant

itation, and it i ye is, by the exempti :
re guise the ap velar to tome _ ied to oe he is in SS wore ata — arin
e insists that the grantor Arties. | Che transfer, and c heh:
; and the grantee id annot complain. The bal-
are guasi trustees for the remai 8 ance of this mortgage debt was a li
and if the deed was fraudul emainder-men, | the land when it a ten Span
t the ch 1] was conveyed to the wif
should compel them to e = ancellor| It had for years been th hie
tae : homestead of
iscuator hitméd in the einairers the power of | parties to the deed ' : of the
: : d, thus divesti : eed. She has since the t
he children of title and ne ivesting | fer paid a porti © trans-
doing the f portion of the debt. The satisfac-
and that the latter are n r- & raud, | tion of the balance owi isfac
It is true their interest 10t necessary parties. | property would h poh. agate ae
the property i u ave left less to satisf
the terms of the deed i property is, by | homestead ciai 3 isfy the
rms inhie to bad iaim. The evidence tends strong-
by a sale in conformity idertie bot eet Bae ly to show, however, that the site Ob acete

are interested parties to this controversy was not worth more than $1,000 when the

It is proposed by this suit to divest them of sci dealt and the judgment is there-

ale om interest. They are proper
paca the court, therefore, properly
@ appellant to bring them be- WOODHEAD 0. Fouxps et al

fore it.
(Court of Appeals of Kentucky. June 21, 1889,)?

ance, and cannot complain. Th
I ‘ e val y
. epee of fact, and we are not settacial
ao . cig hg _— to say that such
e lowe
i is not asta by ite —
sale by a debtor of his property without

that itis argued should destroy the effect of | (court of Appeals of Kentucky: June 21, 1889.)* If this w

: . ; ; ere not so,

h er testimony. ouch ee ie. FRAUDULENT ConvEYANCES — PARTIES — REMAIN not succeed upon ad beg esi could ADVERSE Possession.

y addressed to the jurors who tried the *s- pER-MEN—HOMESTEAD. was entitled to a homestead in the 56 acres rupted nosnesion for 83. rear thou know
or years, without knowl-

of land emb ,
raced by the deed. Not only is | (48°, ,0f 20y tightful claimant, though notices

the life-interest. i i
. which the grant warning unknown heirs had i
sexarded ua tracd g or must be |also had an ind s had been published. She
aving under the deed, unques- | that, on Eocene ak the ma —
. ney mort-

tionably worth le
‘ ss than the $1,000 gage b
stead right F 000 home- y vendor, she was not enti
eighty ut wile es witness for |, un eatl te Tedor ported i ie
worth about $1,900 ute right in it} APpeal from chancery court, Pendleton
of the appell ,900, and a brother-in-law | COUNtY; J. W. Menzixs, Chancel -
vine ue $2,500, yet one of his Not to be officially reported “ai
es the value, when the deed was Bill by Ann Woodhead and husband Josh
, Josh-

sue between the commonwealth and the ac-| 1. Inasuit to set aside as fraudulent @ deed
cused, and it is not for this court to deter- sa oman t Ris wires or sell propery ite
mine that the witnesses for the stale Were | time but, if not so mortgaged or sold, to go, after
not to be believed, or that facts and circum-|the death of both, to his children, such childrea

stances existed that rendered their statements | are necessary parties.
incredible. In fact, the testimony sustains |. & Where s man convey” to his wife propery
th dict dered; d if ilty of th in which he is entitled to a homestead, and the

e verdict rendered; and if guilty 0 | value of the property conveyed is less than the
murder of Abner, as the evidence indicates, | amount he is entitled to hold under the homestead
urate with the | law, such conveyance,

the punishment is commens
j fraudulent intent, i inj to th ntor’s
crime. Judgment affirmed. Saatinee Bon will of sa aot eaite ot thelr in- made, at from $11 to $12 per
pee eg Witnesses for the pe nccgal a i and four roth babar ne against Thomas H. Foulds
anoth ay per acre; rge P. Goulding a a ‘ are
- + eww? - Appeal from cireuit cou rt, Daviess county. rn yh ie $10 to $10.50, while an- | #24 Ann had bongit id yaa ae
OENING’S ADM’R 0, COVINGTON. “Not to be officially reported.” when the husb 1 per acre as its fair value | the latter had purchased from Fo ing, which ;
(Court of Appeals of Kentucky. June 21, 1889.)"| Wilfred Carrico, for appellant. Haycraft lower chee a i cert es to the wife. The re a mortgage for the unpaid Sachaiee price.
DeatH BY WRONGFUL Act—PaRTIES. & Slack, for appellees. ment does not 16 petition, The judg- |; oulds foreclosed the mortga ater
Under Gen. St. Ky. c. 57, § 8 giving the ame ot show the reason. The chan-| Judgment for sale of th Saee snd atinined
«widow, heir, or personal representative” of a per- HOLT, J. A judgment creditor, after ob- well hi upon this state of proofs, may seat filed to enjoin the sal eland. This bill was
oon alleges therefor, been negligently Mitveaves | “side de return of nulla bona, secks 16 ceding then’ 80 Upon the ground that vend | to perfect his title ~ aged oe ane
aside a deed from J. H. Morgan to his wife * akin ere was a fraudulent purpose in | Complainant's title Re beget ve. —
er, an

baking the convey: .

: vance, yet th dissolved inj i

ong land was not earth eg he eppenis: a ge ee

wien rei tight; and that the creditor
» therefore, prejudiced by the convey-

either widow nor C ild, his personal represe ta- :
tive cannot sue for his Killing representa | |. fraudulent, and to subject the land to the

? Publication delayed through failure to receive

-- :Pyblication delayed through failure to receiye

1 Publicati
of opinion. on delayed by failure to receive copy

~

ge HISTORY OF TAYLOR COUNTY.

wife to search the house, and the cel-
lar under the house, the access to
which was by lifting out a part of the
floor, directly in frout of the fire
place. Hunter’s wife, after taking
her seat on that part of the floor
which covered the entrance fo the cel-
lar, refused to permit the house and
cellar to be searched. The facet of her
refusal caused the seaching party to
be very suspicious, and they took the
ehair in which Mrs. Hunter was_ sit-
ting and removed it with Mrs. Hunter
still in it, from over the entranee, and
after removing 2 part of the floor, an
ax, with blood end gray hairs on it,
was found.

The searching party left at once for
Sympson’s. with the ax. Sympson
was at thistime being buried. They
arriyed as the body was being lowered
into the grave. Mr. Hunter was in
the grave, placing the planks oyer the
vault. Sheriff RK. P. Sanders was
shown the ax found under Hunter’s
house, and he at once proceeded to
the grave, and, after Mr, Hunter had
finished covering the planks with dirt,
the Sheriff extended his hand to assist
him out of the grave, and Hunter with
no idea that he was about to be made
a prisoner, reached out his h«nd to the
Sheriff, and he was lifted from the
grave only to be made a_ prisoner.
charged with the murder of the man
he helped to bury. It is said that he
turned pale and almost collapsed,
when he was informed that he was a
prisoner. It.was found out upon fur-
vher investigation that the murderers
had gone in the direction of the homes
of the suspicioned men, all of whom
lived in a southwesternly direction
from the residence of Sympson The
ax had been wiped on the grass, and
eut in the ground in-several places in

the direction of the homes of those
suspicioned.

Sympson, at the time he was
murdered, had a bull dog that would

tear to pieces any person who came on
the premises, and Zeke, the negro se1-
vant, and Hunter. it is said, were the
only persons wha could handle the
dog. Hunter had worked for Symp-
son a good deal, and the dog knew
him. fhe dog was not killed or
harmed in any way, and a great many
believed that somebody the dog knew
was connected with the murder, and
this caused Hunter to be all the more
suspicioned, and also crused so much
suspicion to be placed upon Zeke,
that he was afterward arrested.

The investigation dii not cease here.
Large crowds cume every day to
Sympso »’s, at which place the Court
of Inquiry was being hie ld.

During the investigation it was de-

cided best that Sympson’s body should

be tuken up, so that the hair on his
head could be compared with the hair
on the ax, found under Hunter
house. Captain R. A. Webster went
down into the grave and clipped a lock
of hair from Sympson's head. The
body was not tuken out at all.

It is said that a comparison of the
hair was unfavorable to Mr. Huuter,
and he, Despain and Thompson were
well guarded night and day.

It developed during the investigation
that Zeke, the negro servant, hereto-
fore mentioned, had zone a short time
after the murder and deposited, for
safe keeping, $100 in gold, with Jesse
Morris, 2 well-to-do citizen, who lived
a few miles north of Sympson’s.

Several days after this deposit was
made, Zeke was questioned about.
where he got the fiye $20 gold pieces
he had deposited with Jesse Morris,
and Zeke, after some hesitation, said
the money was given him by one Elias
Skaggs.

Skaggs was not considered a mon-
eyed mat) by any means, and it was
believed by the authorities, that the
fact that Skaggs was with’ Hunter,
Despain and Thompson, all of whom

HISTORY OF TAYLOR COUNTY. 23

were then under arrest, when they
were asking about Sympson’s condi-
tion on the eve before the murder, and
the further fact that Skaggs had given
the negro Zeke $100 in gold was suffi-
cient at least to lead to his arrest. So
while on his return home from Mr.
Durham’s store, about half way be-
tween where Mr. John W. FE stes now
li es, and the Lexington and Nashville

dirt road, he was arrested by Captain
Rk. A. Webster.

After his arrest he produced a $20
gold peice, and said to Mr. Webster:
‘This peice Of money will convict me,
but I am innocent of the murder, and
I caine by this money honestly.”’

By the time Skaggs was arrested,
other cireumstantial evidence was at
hand that tended strongly to show that
these men under arrest were guilty of
the murder, aud they were placed in
jail to await the action of the grand
jury.

At the time these arrests were made
Elias Skaggs was living on the road
between Pitman and Beech Valley
School house George Hunter was
living on the farm known as _ the
Skaggs place, and is now owned by
Mr. W. H. Cowherd. ‘Swan’? De-
spain and Wilk Sol Thompson lived
near Sand = Liek chureh; Despain
where Sam Nelson now lives, and
Thompson on the hill opposite from
where Despain lived.

John Barbee, son-in-law of Symp-
son’s, who then lived elose by, and
negro Zeke, were arrested on a charge
of murder, but were »equitted.

Each and every one arrested denied
that they had anything to do with the
murder, and as the evidence, though
some of it very strong, was all cireum-
stantial. There was a difference of
opition then as to which one was
guilty, agreat many people in that
day, and even upto this good hour,
heliave that some of these men were
inthoecent of the murder of Henry
Sympson.

These four men and Zeke were all
indicted by the Grand Jury of Taylor
county for ‘he murder of Sympson.
The defendants employed the best  le-
gal talent obtainable, and after a time
a change of venue was granted and
the defendats were taken to (Green
eounty for trial.

At the August term 1858 of the Green
Cireuit Court Will Sol Thompsou was
tried. The evidence, though all cir-
cumstantial, was very strong, and af-
ter a hard fight both on the part of the
Commonwealth and the defendant,
the case was given to the jury. who,
after a time returned into Court a yer-
diet of guilty, and fixed his punisment
at death.

The attorneys for the defendant at
once took the ease to the Court of
Appeals and ia October 1858; this
the Court of Appeals reversed judg-
ment of the Green Circuit Court be-
cause that Court erred in not permit-
ting Hunter’s wife to testify in be-
half of Skaggs, and also in not per-
mitting Skagg’s wife to testify in
behalf of Hunter, and the case was
sent back to the Green Cireuit Court,
to be tried again in conformity to the
opinions rendered by the Court. of
Appeals

The news that the Court of Appeals
had reversed the judgment of the Cir-
cuit Court received by the people
soon afterward. The excitement
which was at its highest piteh for
several days after the murder had
about subsided and the people were
waiting anxiously for the aceused to be
punished by law, and nearly every
one seemed to be of the opinion that a
strong ease had been made out by the
Commonwealth, and, though some of
them ignorant of the law, thought the
Judge’s rulings were fair and impar-
tink. Hence they were not prepared
for the news that the Court of Appeals
had reversed the judgment of the
lower Court. The excitement, like a
smouldering fire, ready to be fanned


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Public Buil

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20 HISTORY OF TAYLOR GOUNTY.

Murcer of Henry
Sympson.

UST at this particular time, when
the minds of every law-abiding
citizen iv Taylor county is deeply af-
fected over the murder of our galiant
Democratic leader, Goyernor William
Goebel, who was shot down by un-
known assassins, concealed in the
executive building at the Capital of
our State, we will give our readers an
account of the murderof Heury Symp-
son, in order that you may have sume
idea of the excitement prodneed onac-
count of this cold-blooded murder. |

Henry Sympson was a_ well-to-do
farmer of Taylor county, and resided
on the farm on which Mr. Henry Hash
now resides, oun Pitman Creek, about
one and one-half miles north of Pitman
postoffice.

It was generally known by the peo-
ple in his community that he was in
independent circumstances, and it was
believed by many citizens of the coun-
ty that he had accumulated a surplus,
and it was the prevalent opinion that
he kept his money about his place of
residence.

It was said a short time before he
wag thurdered that he and his wife had
not been living together, und at the
time of the murder, which was on the
night of the 27th of May, 1857, his wife
was visiting relatives near Buffalo,
Larue county, Ky., and the only per-
sons at his house beside himself was
his son and one negro servant named
Zeke. His son was partially deaf, and
slept in another room of the house, and
knew nothing of the murder of his
father wntil he awoke the next morn-
ing and went into his father’s room
and found him lying on the bed all be-
spattered with blood, his hand and face
bruised and cut almost beyond reeog.
nition,

You can imagine his sons utter bor-
ror only by taking it home to yourself,
and imagine yourself placed in this
unfortunate position.

Neighbors were at once uotified of
this terrible murder, and it was not
long until help arrived and the mur-
dered man dressed and laid out ready
for burial.

The news of the murder of Hanry
Symson spread rapidly, and it was not
long until it reached into adjoining
counties. The people came to the
scene in large numbers from every di-
rection, and before night of the day
after the murder a large crowd had as-
sembled at the residence.

There was great excitement, and as
is usually the case under such circum-
stances, all kinds of rumors were afloat.

After an examination of the prem- _

ises it was discovered that the murder-
ers had. after completing the horrible
deed, proceeded to the drawer in
which Sympson kept his money, and
had taken away with them nearly all
his money and other valuables.

It was evident, too, that more than
one min had committed this terrible
deed. It was almost the uniyersal
opinion that four or five, and probably
more. had conspired together for tlie
purpose of murdering Sympson and
taking his money. The more the mat-
ter was discussed, the more intense
the excitement became. ‘There were
other men in the community who, it
was thought, kept their surplus money
about their premises, and it was feared
that this band of robbers and murder
ers would fake advantage of the occa-
sion when the neighbors were at
Sympson’s and make a raid upon other
houses in the community, and rob and
murder the inmates. Hence as the
day drew to a close the excitement,be-
come more intense. People came
pouring in from adjoining nelghbor-
hoods, armed guards were placed
around the dwellings: of every man

in the neighborhood who was ever
known to have any money.

One of our oldest citizens teld us this
week that the excitement in Taylor
county caused by the foul murder of
Governor William Goebel was more
like the excitement in Taylor county
immediately after the murder of Hen-
ry Sympson, than the excitement
caused by any other murder since that
time. It was suppressed excitement.
The whole community seemed para-
lyzed. ‘here was dread and fear
depicted upon every face.

The question “What will happen
next?’’ seemed to he the greeting on
all sides. Who will be the next man

‘robbed and murdered by this band of

murderers and robbers, was discussed
in every group of excited men.

Early on the morning after the mur-
der one ‘*Swan’’ Despain volunteered
to go to Larue county after Svmpson’s
wife, who had for some time been
staying with relatives in that county.
Immediately atter his return he and
Bill 80l Thompson, who was among
the first to make his appearance at
Sympson’s after the murder had been
made known in the community, were
arrested by the Sheriff on suspicion.

It rs said that as soon as Despain
returned from Larue county. the then
acting Coroner, Mr. J A. Marshall,
noticed blood on his pants, just below
the knee, and the fact that he was un-
able to give axstisfuectory exp!anation
of how the blood came to be on_ his
pants, and this, eoupled with the fur-
ther fact that Despnin and Thompson,
had, immediately after Despain’s re-
turn from Larue county, held several
priyate conversations, and had acted
otherwise suspiciously, led to their ar-
rest,

Mr. Rk. P. Sanders, who was Sheriff
of the county at that time, had these
two men well guarded while the in-
quest, which was held the evening
after the murder, was being held.

The information that we give was

HISTORY OF TAYLOR COUNTY. 21

obtained mostly from Mr. J. A. Mar-
shall, who was Coroner at that time,
and took an active part in ferreting
out the case.

Kach and eyery citizen in the com-

munity took an aetive part in the mat-
ter. A Court of Inquiry, or an Exam-
ining Court, was began on the day of
Sympsen’s burial, conducted by Mag-
istrates Durham Sanders and Thomas
E. Cowherd.

Search warrants were issued and
parties armed with authority, went
to various places in the community to
see if anything could be found that
would lead to the urrest of the mur-
derers.

Information was received after De-
spain and Thompson had been _arrest-
ed, that these two, in company
with one Elias Skaggs and George
Hunter had stopped on the evening
after the murder at the house of one
Rebecea Bleyins, who lived in that
community, and, who it was said, was
very intimate with Sympson, and
asked Mrs Blevins about Sympson’s
condition, whether he was drunk or
sober, and on being told by Mrs.
Blevins that he was not by any means
sober, they all left together. As it was
nothing unusual for these men to be
8een together, no iinportance was _ at-
tached to this fact, that they asked
about Sympson's condition caused
them to be suspicioned by the authori-
lies.

From the cutson the murdered man's
face it was exident that the terrible
deed had been done with an ax; and
this weapon’s whereabouts would add
much toward ferreting out the mur-
der. Consequently searching parties
were sent in every direction, and
Hunter’s house was among the first to
be searched.

Captain R. A. Webster and Mer,
James Durrett went to Hunter's house
on the day of the burial, while Hunter
was at the residence of Sympsen
and asked the permission of Hunter's

® ZA s
@

“OT aaateer
|

E HUTSELL v. COMMONWEALTH (Ky.) 1383
132 = (Ky.) : 9 SOUTH WESTERN REPORTER, 2d SERIES stan y

(226 Ky 4927 a \ if in state of anger one takes life of another, he boat. The boat was operated by John Ditch- any other tribunal, not having like opportuni-

(UTSELL Vv MMONWEALTH. is not excusable on ground of insanity, but in ler, and, when it landed, Miss Conn and Mr. ties. It is well settled that rulings of the

Hl Re order to justify instruction on point, there must Smith got out of the boat, both the Ditchlers trial judge on an application for a change

Court “of-Appeals of Kentucky. June 22, 1928. be some derangement or disease of mind.
Rehearing Denied Oct. 5, 1928.

1. Criminal law @126(1)—Court may grant
change of venue, where fair trial cannot be alt aie
ape! re zo ae Si change of ven- In eS vr oe gilt gy

1 ’

ue, if it appears that fair trial cannot be had by Soe pte to sell fish, Gisuae held to pao

accused in county where prosecution is brought. rant verdict of jury inflicting penalty of death.
. Criminal law 134(1)—One applying for

. change of cues be burden of showing he Appeal from Circuit Court, Oldham County.
cannot obtain fair trial. Ivan Hutsell was convicted of murder, and

One applying for change of venue has bur- heappeals. Affirmed.
den of showing that he cannot reasonably ob- Eugene Mosley, of Bedford, for appellant.

ee ee J. W. Cammack, Atty. Gen. and S. H.
3. Criminal law ¢=>134(4)—Court denying prown, Asst. Atty. Gen., for the Common-
murderer change of venue held not to have eonith.
abused discretion, where, out of twelve or
more witnesses testifying, only two or three
testified defendant would not secure fair trial.

In prosecution for murder, where defend-

8. Homicide ¢=-253(3)—Evidence held to war.
rant verdict inflicting penalty of death In
prosecution of murderer who killed husband

WHEELER, C. On Sunday afternoon, May
29, 1927, the appellant, Ivan Hutsell, shot

ant moved for change of venue and testimony of and killed John apenas die ds
twelve or more witnesses was heard, only two Ditchler. He was ind or ete
or three of whom expressed opinion that de- Jesse Ditchler at a special term the :
fendant could not obtain fair trial in county, ham circuit court on July 5, 1927, tried on
held, that court did not abuse its discretion in Jyly 18th, found guilty, and his punishment
denying change of venue. fixed at death. He appeals. ae
1150—Trial judge’s ruling The Ditchlers lived in Indiana on the
| tee Pp of sell will not be river opposite Westport, Ky. ee
disturbed, unless abuse of discretion is shown. lived at Westport on the Kentucky s fe oO
Ruling of trial judge on application for the river. It appears that bad — -
change of venue will not be disturbed on appeal, isted between the appellant and the Ditchlers.
unless abuse of discretion is shown. At one time the secant: at a
t, and at another time the °
5. Criminal law ¢=590(1)—Denial of continu- ei . ‘sco 6 Se te ae ke
ance In murder prosecution held not error, ’ : ces gi
where defendant had approximately 45 days from the premises of Jesse s “4
to prepare for trial] and gave no excuse for he had gone for the purpose 0 ~~. g ,
killing. furniture from a tenant house he had occu
In prosecution for murder, where homicide pied when Jesse Ditchler cursed him and shot
occurred on May 29, 1927, and trial did not oc- at him.
cur until July 18th, and witnesses were few, Later appellant was prosecuted in the
and none of them lived any great distance from courts of Indiana by Jesse Ditchler and her
county seat, all of whom testified, except a sis- husband, resulting in a conviction and sen-
ter-teinwe. of aetueat, Rete. tah Fecha - tence to the penal farm in Indiana, where he
grant continuance was not error especially, since served until January, 1927. He veanatned tot
defendant himself gave no excuse for killing. pie aoc Teak sod chine

6. Homicide €=>294(1)—Instruction on momen- wostport, Ky. On the day of the homicide
tary insanity held not warranted by evidence, 4 just before its occurrence, some one from
where defendant, who killed husband and wife, the Kentucky side called to Lon Smith on the
stated he had received threats of their inten- Indiana side of the Ohio river to bring over
tion to do him bodily harm. 3 operated a motor

In murder prosecution, where defendant, Some fish. The Ditchler a go the call being

who killed man and wife, stated he had re- boat on the agri aoumicanied by a

ceived threats of their intention to do him bodily made for the fish, ’ f the appeliestl

harm, evidence given by defendant alone, that Miss Conn (sister-in-law 0 Se cis aoe
he “lost his mind,” held not to warrant instruc- John Ditchler, and Jesse Ditchler, age

tion on momentary insanity. in a motorboat to the Kentucky side. oo

testified that the appellant is the one

7. Homicide ¢-=294(1)—To authorize Instruc- 144 smith, but he denies it. He admits
tion on insanity, there must be some evidence h - that before the arrival of the motor-
of diseased mind, something more than violent Seek laa late the landing and went up to bis
uncontrollable desire to kill. a armed himself with a single barrel

To authorize instruction on insanity, there b sen ding shotgun, and came back to the

be some evidence of diseased mind, more val of the
poten violent uncontrollable desire to kill, and landing, where he awaited the arri Jace

Indexes
G=For other cases see same topic and KEY-NUMBER in all Key-N umbered Digests and

remaining in it. The appellant at close range
shot and killed John Ditchler in the boat.
He reloaded his gun, shot and killed Jesse
Ditchler, then reloaded it and fired into her
dead body. He then climbed into the boat
where his victims lay, and using the gun as
a club, struck the decedent, Jesse Ditchler, on
the head, crushing her skull. He then went
to a telephone station, called up the sheriff,
and told him “he had got him a man” and to
come and get him. The appellant was ar-
rested by the sheriff on the evening of the
homicide, placed in the Oldham county jail,
where he was confined until his trial and
conviction, after which he was removed to
Eddyville.

The circuit judge called a special session of
the Oldham circuit court on July 5d, 1927, for
the purpose of investigating the homicide,
and impaneled a grand jury, which returned
the indictment against appellant. The case
was then called for trial, but, at the sugges-
tion of appellant’s counsel, was postponed
until July 12th. On that date the case was
again called for trial, but was again post-
poned, as requested by counsel for appellant,
because of his inability to be present at the
trial because of serious sickness in his family,
and set for trial on July 18th. The trial was
then had with the result as stated.

In his motion and grounds for new trial
the appellant made several complaints, but in
his brief on this appeal all are abandoned, ex-
cept the following: (1) That the court should
have granted change of venue from Oldham
county; (2) that the court should have con-
tinued the case to a later date to give the de-
fendant more time to prepare his defense;
(3) that the court should have instructed the
jury on “momentary insanity”; (4) that the
evidence is not sufficient to authorize the ver-
dict or judgment thereon.

{1-4] 1. The court is authorized to grant a
change of venue, if it appears that a fair trial
cannot be had by the accused in that county.
The appellant filed his motion for a change
of venue, accompanied by the two affidavits
as the law required. The motion was set for
trial, and the testimony heard was reported
by a stenographer and appears in the record.
Twelve or more witnesses testified, but only
two or three expressed an opinion that the
defendant could not obtain a fair trial in Old-
ham county, while the others were of the opin-
ion that a fair trial could be had by the de-
fendant. The court overruled the motion for
& change of venue, which ruling was fully
Justified by the evidence. The burden was
on the applicant to show that he cannot rea-
Sonably obtain a fair trial. The trial judge
heard and saw the witnesses, doubtless knew
them personally, and was in a better position
to give proper weight to the testimony than

of venue will not be disturbed, unless an
abuse of discretion has been shown, and we
are satisfied in this case that the trial court
properly disposed of the motion. Stroud v.
Commonwealth, 160 Ky. 503, 169 S. W. 1021;
Mansfield v. Commonwealth, 163 Ky. 488, 174
S. W. 16; Heck v. Commonwealth, 163 Ky.
518, 174 S. W. 19; Greer v. Commonwealth,
164 Ky. 396, 175 S. W. 665. Also Combs vy.
Commonwealth, 160 Ky. 386, 169 S. W. 879;
Dilger v. Commonwealth, 88 Ky. 550, 11 S. W.
651, 11 Ky. Law Rep. 651; Wilkerson v. Com-
monwealth, 88 Ky. 29, 9 S. W. 836, 10 Ky.
Law Rep. 656, and cases cited therein.

Appellant cites the case of Johnson v. Com-
monwealth, 107 S. W. 768, 32 Ky. Law Rep.
1117, but it will be seen that defendant there
was threatened with mob violence, that a se-
cret order in the county was threatening vio-
lence to the defendant, and, further, that the
decedent had a large relation in the county,
many of whom were indignant and wrought
up over the killing. Under the circumstances
there shown, this court concluded that a
change of venue should have been granted
the defendant. But no such state of case
existed here. The decedent lived in another
state and had no relations in the state of
Kentucky. No threats of mob violence were
shown and no indications of any feeling
whatever against the accused. The petition
which was circulated and signed by residents
of the county merely requested a special
term of court that proper investigation and a
trial might be had. This was not prejudicial
to the rights of the defendant, but indicated
only that the signers were desirous that a
lawful investigation and legal trial should
be had. If the feeling had run high, and the
people worked up to a state of unreasonable
excitement, leading to a demand for the life
of the defendant without trial, a different
state of case would be presented. We are
likewise cited to the case of Anderson v.
Commonwealth (Ky.) 117 S. W. 364, where
an officer of a bank was tried, and it was
shown that another bank had recently failed,
affecting the finances of a large proportion
of the resident jurors in the county, the stock-
holders being made up largely of the farmers
throughout the county, and under such state
of case, this court held that it was proper to
grant a change of venue. The facts are in no
wise similar to those shown in this case. The
court did not err in overruling appellant’s
motion for change of venue.

[5] 2. Appellant insists that the trial court
should have granted him a continuance to
give him more time to prepare his defense. It
will be observed that the homicide occurred
on May 29, 1927, and the trial did not oceur
until July 18th; the witnesses were few and
none of them lived any great distance from

fueAl ‘TTHS LOH

°ooTe fo4TUM

T-€T-6 (Aqunon weyuptoO) dg *sY

°6c6

134 9 (iKy.)

oon GtARE® § > ae aor ee Cote eae seene of the killing a gun with the stock
°s a cee of defendant), tes- broken affords some evidence of insanity, ee
weed acne sF ndechers gata: that she would a broken gun inn ap omega — :
have ‘testified differently if she had been pres-- he had been attac — Seite a
nt. Weare not furnished with any material this contention, as i OS ae
pape that appellant could establish if given insanity of the ee ct . hes
further time, and we are confronted with the leaving the = se gg le psp ay lal
Se otttee tac Oe ing: Ornate ot gga a more than any sane per-
xcuse for the killing. e tes if é
thearoelant hereafter mentioned, illustrates son might cig Sica ic tins.
clearly that the appellant had ample time to In the case 2 ‘

c 5 c Rep. 368,
assemble whatever testimony he had, and the wealth, = in Ser ‘seed page a Pilg
court did not err in overruling the motion for Where the defends

9 SOUTH WESTERN REPORTER, 24 SERIES
that the fact of appellant carrying from the

continuance. McQueen v. Commonwealth, tion, this court said: ine chad thie

- 2 : ases there- “It is no excuse for murder that tl Tpe-
224 Ky. 89, 5 S.W.(2d) 487; and c title hau ot parame ta cuateel hig ustena wien
in cited. aroused or in a passion. It is the duty of men

ined the in- ‘dioti hei

[6] 3. We have carefully exam ‘ eek Mellie an Stadio te eenbeak tusks

" e who are 4 ee in-

structions and find that pigllbalgorad fi evil passions and violent tempers or port

whole law of the case. They = facts war- Stinets, and if they do not do so, it is aibiite

vorable to the defendant than the fac fault, and their moral and legal respon 3
ranted.

will not be destroyed or avoided by the existence
The only evidence offered by the defendant of such passions, or by their conduct resulting

that could serve as any basis for an esac from them.”
i bs € sanity,” as contende :
foe, nage ed tenons He described the There is no evidence in ip a
eee feeling existing between himself and any doubt upon poe mead sae i; a an
‘the deceased Jesse Ditchler, and her husband, In McCarty A = mee i ¥ oe
oe ete aeeeiced eatenta ct Aah a na iden was asked by the appellant, and
illing f their intention ask
te ee ea in speaking of the this court stated the law to be as follows:
o do .

ing s ’s mind was ‘free from disease,
sed and her husband coming across the If defendant s min a disea:
nee from the Indiana side to the Kentucky then no impulse to shoot’ the deceased, ‘no

illi matter how violent, and no matter how com-
mapa a ee pletely it dominated his will, was unsoundness
as follows:

: of mind,’'so as to excuse the homicide.”

“(60) At the time you saw this boat coming
pie Pi river, did you or not recall the state-
ments that had been conveyed to you in the way
of threats of these parties ageina your life?
A. Yes, sir; it all come to my mind.

“(61) What did you do then? A. Well, I
went home and got my gun. :

(62) Did you believe at the time that your
life was in danger? A. Well, I did; yes, sir.

“(63) Now, what happened after they had
practically reached this side of the river, tell
this jury? A. I went home and got my gun,
and went back to the river with the intention of
not letting him slip up on me and shoot me, and

fish boat, and they come into . S temahity, on ti
fn hore Mes of me, I judge 30 or 40 feet; titled to an instruction o:

i titled to such

when they headed into the shore uichlae eped ect, an bgt igs hae eevee: Eid

i istol in his hand; I didn’t give him ; j
pai se it, because I knowed he would some mental disease or unsoundness of min
use it; after the first shot, ‘J kinder lost my existed, and the court said: ;

mind; seemed like a dream more than anything “Ungovernable passion does not constitute in

else.’ : a" f going down Sanity. A paroxysm of jealousy Ry - =

“(64) Did you, at the time 04 g Dicchler? anger provoked by the knowledge a a
here re SNe. arm agenet: Mrs cused had been abandoned by his mis _—
A. Not a bit on earth. ae s fired, what ODiect of his lustful affections, is ee

“(65) After the first s o _ : ’ ing.” the crime. It is the duty of one w se ail
hangewet fo:7ent. A: Jel Binder fost we eid. er is not impaired by disease to govern

Aid ts trol his passions.”

No other evidence was introduce av- ia ot te
ing as tendency to show that the defendant [7] It will be ~ ay mae pest angered
was insane at the time of the killing of struction on insan ‘4 ee cruises are
Jesse Ditchler, and he merely says that evidence of a disease het oS a ace we eit
after the first shot he “kinder lost his mind.” than a violent, — ee eS oi
But it is insisted by the appellant in his brief and if in a state of ang

In the case of Howard v. Commonwealth,
224 Ky. 224, 5 S. W. (2d) 1056, decided April
27, 1928, a like instruction was requested for
the defendant where no testimony had been
offered concerning the insanity other than the
defendant’s own statement describing the
killing of his mistress. He was asked this
question : ‘

“Q. id you stab her? A. Well, I on’t
ihe habe Stopithan’ I wasn’t to my self.”

It was held that the defendant was not en-

caiman ice a

: Bir,

HUTSELL v. COMMONWEALTH

(Ky.) 135

® S.W. (2d)

of another, he fs not excusable on the ground
of insanity. In order to justify an instrue-
tion on the point, there must be some de-
rangement of, or disease of, the mind. It is
not shown in this record, and the appellant
has no just ground of complaint, that the
court did not instruct the jury on “momenta-
ry insanity.”

[8] 4. It is lastly contended by the appel-
lant that the evidence is not sufficient to war-
rant the verdict or to sustain the judgment.
The eyewitnesses, except Miss Conn, testified
at the trial. and we do not know her version
of the killing. The other witness, Lon Smith,
who was in the boat with decedent, testified
that he and the deceased, Jesse Ditchler, and
her husband, John Ditchler, were on the
Indiana side of the Ohio river; that he, hav-
ing fish to sell, came over on the Kentucky
side in response to a call to bring over some
fish; and that John Ditchler operated a mo-
torboat at that place, and that he had no
other means to bring the fish over except in
‘the motorbort with Mr. and Mrs. Ditchler,
as he did; that a Miss Conn, sister-in-law of
the defendant, and no other person, came
‘with them. When they reached the Ken-
tucky shore. appeHant appeared with a gun
and committed the crime for which he was
convicted,

Dr. W. W. Kemper was there and saw the
shooting, und described the circumstances
and events to the same effeet. Others were
close by and corroborated in muny respects
the testimony of these two Witnesses. Dr.
Kemper stated that a party of friends who
came there with him were up the river in a
new motorboat, and he remained on the
river bank near the landing, and after hear-
ing the call to come over the river, he saw
the appellant, with a gun in his hand, com-
ing towards the scene of the tragedy. He
ulso saw him go in the house and come out
in a few minutes with the gun. His testi-
mony then proceeds:

“Q. Have any conversation with you? A.
Yes, sir.

“Q. State what he said. A. He asked me
where my ‘pals’ were; I said, ‘Up the river;’
he said, ‘Call them,’ I asked him what was the
trouble; he again asked me where they were;
I told him they were up the river; he said
‘Alright’; they will be safe; I says, ‘Man, what
is the trouble?’ He said, ‘They will be out of
the way then;’ but he asked me the question
&s to the kind of boat, and I told him, and he
went away muttering ‘new bost.’

_"Q. Where did he go? <A. Went down the
river,

“Q. Toward the landing? A. Yes, sir.

“Q. How long was that before the shooting?
A. Possibly ten or twelve minutes, maybe long-
er, I couldn’t exactly Say the time. * * *

“Q. From the time the defendant had this
conversation with you, and asked you about
your ‘pals,’ and he went on down toward the
landing, did you see where he went? A. Yes,

“Q. Where did he go? What did he do? A,

Ile went on down and sat down up above the
Innding a little while, then he went down and
moved up behind some willows, then he came
back down and sat some distance from the
landing; that was the last time I saw him, until
the shooting occurred.

“Q. Was he still armed at that time? A.
Yes, sir.

“Q. How far did you say he was from the
regular landing at Westport when he sat down?
A. Twenty or thirty feet.

“(). Did you observe what happened at the
landing, after the first shot? A. Yes, sir.

“Q. State to the jury exactly what you saw.
A. After the first shot, I made the remark to
ny wife, ‘I wonder if that crazy fellow had
killed some one.’ I saw Mr. Arnold and his wife
and children coming up the bank; at that time
he was about thirty feet from the boat with his
gun, reloading it, about that time the second
shot had been fired.

“Q. What was the effect and at whom were
the first and second shots fired, if you know?
A. I think the first shot hit the boat; the sec-
ond shot, T think, was the one which shot Mr.
Ditchler, in the boat.

“Q. What position was John Ditchler in in
the boat at that time? A. Down on his face,
trying to protect himself.

“Q. Where was Jesse Ditchler? A. Toward
the middle.

“Q. What was her position? A. She was sit-
ting up in the boat.

“Q. Did you observe any other shots fired to-
ward the boat? A. There were two others.

“Q. At whom were they fired, if you know?
A. I don’t know exactly, but I presume Mrs.
Ditchler,

“State to the jury what you saw there after
that. A. I was helping Mr. Arnold get in the
car and start to running the car when the third
shot was fired; we had started to get them:
I noticed Miss Conn lying across the fence; I
picked her up and put her in the car; that is
when I noticed the fourth shot fired and he
stepped around the side of the boat.

“Q. What did he do? A. Using the butt of
the gun.

“Q. What did he do? A. He was hitting Mrs.
Ditchler over the head.

“Q. What way was he hitting her? A. He
took hold of the front end of the gun and used
it as a club.

“Q. Is this the gun that you saw him have
that afternoon? A. It resembles it.”

It will be seen from the testimony quoted,
and giving full weight to the version of the
homicide as detailed by the defendant, that
no reason or excuse is shown for the com-
mission of the crime. We have examined the
record with extreme care, and have found
no instance where the trial court failed to
give to the defendant everything to which he
was entitled under the law. The penalty
inflicted is the most severe known to the
law, but we cannot say that the acts of the
defendant under the circumstances detailed
in this record did not fully justify the jury in
arriving at the verdict it did, and as no prej-
udicial error was committed by the court,
the judgment must be affirmed,

Whole court sitting.

=

Jb HISTORY OF ‘TAYLOR COUNTY.

on this oeeasion.

It was deeided by the mob to hang
the accused in Campbellsville, and to
this place the mob started, followed
by hundreds of Green county people
who were anxious to wituess the hang-
ing, and some of them wanted to take
part §n the affair.

At different times on the road the
aceused were asked to. tell ‘all about
the murder of Henry Sympson, but on
each and every occasion they declared
their innocence.

The Green county authorities went
with the mob to the line between
Green and [aylor counties, ana time
aud again they begged the mob to re-
turn the prisoners, but their appeals
were unheeded. ‘The mob went on.
It is said that some of those who ad-
vised the mob in Green county not to
hang the accused men afterwards be-
came parties to the mob.

As the mob apvroached Campbells-
ville, the aceused became all the mere
frightened and nervous. To be sure
they had enough to make them ner-
yous. They knew that their time on
earth was almost up, and that soon
they were to go before the Great Cre-
ator, and there render an aceount for
the terrible erime with which they
were charged. One more opportunity
was to be given them to tell what they
knew of the murder of Henry
Sympson.

The suburbs of Campbellsville had
been reached, and the elm tree near

the publie school building was the tree
selected on which these men were to
die.

Campbellsville and vieinity turned
out in large numbers to witness the
hanging, ‘The crowd was Do longer to
be numbered by the hundreds, but by
the thousands.

Ropes were secured and the accused
men were brought under the elm tree
and they were again asked to make a
venfession of the erime with which
they were charged. Thompson and
Despain, right on the verge of etern-
ty, agaisy declared they were inuecent

>

men, and knew nothing of the murder.

Despite their earnest appeals and de-
spite the fact that they almost in the
the presence of their God had declared
their innocence, the ropes were ad-
justed areund their nec!<s and Despain
and ‘Thompson, whether guilty or in-
oneent, prepared or unprepared, were
swung into eternity.

Hunter’s time had now come. At
the last moment, when the rope was
about to be adjusted around his neck,
then he was promised not to be hung
by the mob if he contessed, and he
deelared he knew all about the mut-
der of Henry Sympson, and promised
a staiement of facts about the murder,
aud the mob, in accordance with their
promise, turned him over to the au-
thorities, and to them he made a coli-
fession, saying in part that he, Skaggs,
Thompson and Despain did murder

Henry Sympson, and that they mur*

dered himfor his money. tHe told the
authorities the particulars of the whole
affair, and his confession of facets was
in line with the circumstantial evi-
idence heretofore given in this con-
nection,

Hunter was taken back to the
Greensburg jail, and there must await
his trinl by the Court.

he mob dispersed. They htd ae-
complished what they thought was
their mission, and everything beenamo
quiet.

Hunter was tried at the next term of
the Green Cireuit Court, and though
he had employed some of the most
learned and able lawyers, and though
he with uplifted hand, on the witness
stand, declared under oath, that he
knew nothing of the murder of Henry
Sympson, and that his confession was
made to save his life from the moh,
and that the detailed facts therein
were giyen by him after he had

learned all the cireumstantial evidence,
and his confession was simply a stute-
ment from him that he knew the cir-
cumstantial evidence to be true, and
this he did for no other purpose than
ro saye his life.

eo

HISTORY OF LALLOR COUNI}. a7

The jury, after having heard all the
evidence in the ease, the instructions
of the Court, and the argument of the
council, retired to their room, and af-
ter a time brought into Court the fol-
lowing verdict: ‘‘We. the jury, find
the defendant guilty of tha charge of
murder, and fix the penalty at death.”’
Hunter’s doom was sealed. He must
dic.

Sentence was soon passed upon him
and the day of execution was fixed,

The days between the time of pass-
ing sentence and the day of execution
was but as so many seconds in_ the
mind of the condemned man.

The day rolled around, and the
Sheriff led him from the jail to the
seaffold, and once more he was per-
mitted to make a statement as to his
guilt or innocence, He deelared again
that he knew nothing of the murder
of Henry Sympson.

The rope was tied, the black eap
was pulled down over his faee, the
trap was sprung, and Hunter went be-
fore his God,

Thus ended one of the most noted
trials with which any of the citizens of
‘Taylor county were concerned.

As we said before « great many peo-
ple belieyed then and believe now that
some of the men who paid the penalty
with their lives were innocent of that
horrible murder.

Of their innocenee or guilt we know
nothing about; but our information
seenis to be reliable on one point, and

that was that the accused were men
were accustomed to excessive
drink, and as intoxicants used too
freely lead men into trouble, their les-
son should be one to those who are
guilty of excessive use of liquor to-day
and cause them to change their course.

The Liquor Traffic In
Taylor County.

HE History of Taylor County in
reference to the liquor traffie

might properly be divided into three
peroids, viz: Free Distillery. Saloons
and Loeal Option periods.

The first period extended from the
establishment of the county, in 1848,
up and uatil the farmers of the eoun-
ty turned the distilleries into barns,
and ne .onger made their own whisky.

It will be remembered that in this
period nearly every well-to-do farmer
had a still, and it was not infrequently
the ease that there were five or six
distilleries in the same neighborhood.
They only made whisky for themselves
and their slayes, and their neighbors
who might.uot have a distillery. The
whisky made by these stills was pure,
and unadulterated.

It will be remembered too that the
county during this period was not
thickly settled. We often hear men
say that they would like to see the
time again when every person could
own his own still and make his own
whisky. We have’ taken some
pains to inyestigate the conditions
then, and the effeets of whirl r
upon society under — that bys
tem. It has heen contended by
some that there was not us much
drunkenness then as now, and we have
heard of whole families being raised
up almost in the still-house, and not
one of the family ever became drunk-
ards.

Upon investigation we found the
above statement to be correet. snd
we find too that there were whole
families, raised up under similar ei-
cumstances,, every one of whom he-
came drunkards, and the appetite
thus eultivated by them has been in-
herited by their posterity, and we find
too upon further investigation that a
majority of the homes where stil's
were located in our earlier history.
there was to be found young men reel.

ing under the infinence of liquor, and
‘ringing trouble upon their parents
: ad upon their posterity.

True the liquor made then was pure
and did not injure the stomach as a


24 HISTORY OF TAYLOR COUNTY.

into a blaze by the first wind, needed
only the news of a reversal of the
judment of the lower Court to raise it
ayain to its highest pitch.

The Courts rulings were discussed

in eyery crowd; a great many people
thought that the accused would never
be punished by the Courts. Several
months had passed since this horrible
murder had been committed, and those
accused of the crime were still in jail.
and no nearer conviction than when
first arrested. One or two witnesses
for the Commonwealth had died, and
the memory of some of the others were
not so good as at first, and these facts
in connection withthe rulings of Court
of Appeals, cansed a great many to
think that the accused would finally
escape punishment entirely “‘They
are trying to wear the case out,” was
heard on all sides. ‘‘I believe they
are guilty, but will come clear,’’ was
another expression that was used
quite frequently in every excited
crowd, The rulings of the Court of
Appeals were magnified as often as_ it
was told, until it appeared to the exci-
ted people »s some ‘“‘huge monster”’
stunding in the way of justice and
right. The more the matter was dis-
cussed the greater the excitement.

Cool and conservative men tried to
counsel and advise the excited people,
and begged them to do no violence,
but to let the law handle the aecused,
and eyerything would be well, But in
vain. Death must be meted out to
Heury Sympson's murderers. The
people were satisfied in their own
minds that Thompson, Despain,Skaggs
and Hunter were guilty of this most
horrible murder, and determined that
these men should die by the rope

‘The excitement, like a mighty prai-
rie fire, widened and gathered force.
Those who for atime were evol and

econseryatiye no longer counseled
pence; they were taken in as if by a
mighty eurrent, and were aneng the

boiling, seething, foaming and fretting
multitude, whu were clamoring for the
lives of these four unfortuate men, who.
perhaps, on account of being illiterate,
and having used whiskey too freely.
were in this unfortunate attitude. Had
they been educated and brought up
under the influences of christian,
chureh-going people, and had instilled
and planted in their minds the princi-
ples of honesty and right, it might
have been different with them. Whis-
key, that accyrsed stuff that has sent
more men, women and children down
to hell, degredation and shame, than
any other agency on earth, did no little
part in this matter, Had Sympson
been sober, he might not have been
murdered; had the necusers, whether
guilty or innocent, been accustomed to
staying at home with their families,

instead of being out driaking whisky —

and playing cards, they might not
have been arrested for this horrible”
murder, It ismen who haye a repu-

tation for drunkenness, rioting and

disorder, who are first suspicioned

when crimes are committed; and it is

yery often the case that innoeent

men are vunished, because of the

company they keep. If it were they

alone who suffered it would not make

so much difference, but when their

wives and little children, fathers and

mothers, are brought into trouble, it

makes mutters bad. indeed.

But, back to our subject, the peo
ple were wrought up to such a pitch
as that they would no longer listen
to appeals of law and order. “These
men,” said they, ‘thad murdered
Henry Sympson, and they must he
banged, and that too by a mob,”
The day was fixed for the mob to
assemble. Some wantedto go by
night and break open the jail and
tuke them out, but the feeling had
hacome too intense and so universe!
that but few wanted to do the work
at night. Broad open daylight was

the time to do the work.

eo 2

HISTORY OF TAYLOR. COUNTY. 25

We are unable to find out the exact
day when the mob asseinbled, but our
oldest citizens remember the day well
enough, It seemed that the day suited
the occasion; the weather was good.

The word had gone out that the mob
would assemble on a certain day. It
was unlike most mobs which assem-
bled to do Such work; there was no
secrets among them, their acts were

all public. The leaders sent word to

adjoining counties, and early in the
morning on this ever to be remem
bered day the mob began to assemble.
They eame by twos, by threes, by
twenties, some on foot, and some bare-
back. Some from Marion county,
some from Larue county, some from
Adair county and some from (Green
eounty, while nearly the entire county
of Taylor turned out, either to take
part in the mob or to witness the
hanging.

The march was started. The unfor
tunate men were imprisoned in the
jail at Greensburg, and as the mob
proceeeded toward Greensburg, it be-
came larger as it approached the town;
recruits were received at every cross
roads, and when they reached the
town hundreds of men made up the
mob. They were orderly, they were
quiet. These men wore no masks;
they tried to conceal nothing.

They had gone to Greensburg with
the determination of hanging the mur-
derers of Henry Sympson, and _ they
did not care who saw them or who
knew them.

They entered the town, which had
been apprised of their coming. The
windows and doors of the entire town
were filled with men, women and chil-
dren, who watched silently the hun-
dreds of determined men as they
mached down the street to the jail

The civil authorities pleaded w'
the mob not to do violence to t!)
poor, unfortunate men, but 49 vai
‘vhey had come to the conclusion t*
the law would not punish them asu. |

thought they deserved, and-hey were
not going to wait longer. The jail was
reached and with but little difficulty
they entered. The authorities were
unable to protect the prisoners, the
numbers of the mob was so great, and
the feeling was so intense that for the
authorities to resort to force would
have been the height of folly.

When the door was broken open,
there stood the prisoners. They knew
wha. it meant; they knew they must
die, and they knew, too, the time was
not far off, and hence their fear was
indescribable.

Elias Skaggs had secured a razor
in some way, and when he heard the
mob coming, and knowing their pur-
pose, he doubtless chose to die in the
jail rather than be hanged by a mob,
He chose to die by the razor rather
than by the rope. When the mob en-
tered the jail Skaggs was found lying
on the floor, all coyered in blood, and
his head almost severed from his shout-
ders. ‘The razor that did the work
was lying on the floor near by its vic-
tim. Skaggs was dead and, doubtless,
the other unfortunate men wished
they were: i Skaggs’ condition. The
prisoners wrung’ their hands and
pleaded f their lives. They declared
their im nee, but all to no purpose.

They w soon hustled from the jail,
andthe — ech to the place of execu-
tion v mmeneed, bui vefore the-
left t' 'n the authorities and some
of +) it vitizens made speeches to
the 2gging and beseeching them
ts ie prisoners to the jail, and
} deal with them, They were

authorities that they were
zx morder themselves. These
aecurted to nothing. The
decvmined. Hunter, De-
Pols epson must die. So aw-
.taele that women = and
when the mob went

street.
eo: + town of Creensburg
ver bepere disturbed as it) was

JACKSON and WALLING, whites, hanged Newport, Ky., on March 20, 1897.

Pn ohne en a 1 sities on 9 oy
“3 ‘ ‘
&
i
¥ 4
Q |
as é
@
4

j

men,

atch t ‘Ohio State Journal.
Ky, M ,


sport
‘trial ike
tee nine

arguments. :

ia

‘were con-


Ohio County in the Olden Days

would provide neither grass nor clover, and, therefore, they were
almost entirely neglected. Most of the bottom lands were considered
absolutely worthless. Hence it was that by the time a family of
children was raised, the father had worn out his life and farm together,
and, the children having sought homes elsewhere, the old homestead
was left desolate and deserted, or it passed into the hands of strangers.

All changes in the manners and customs of society were then
more the result of time, experience, and accidental discoveries than of
any direct, scientific enlightenment, or teaching of philosophy. It was
through the result of accident and repeated experiments that farmers
found their worn and deteriorated land could be improved by clover
and grass crops, and our wet and overflooded bottoms made the best
of meadow lands. Large crops of tobacco yielded the most ready
money, but after a series of years it was learned that if he who had
devoted the time usually employed on a tobacco crop, had gone to im-
proving his farm, increasing his meadows and pastures, and to
using good stock of all kinds, he would be greatly ahead in real wealth
of his neighbors—that is, the neighbors who wore out their lands and
neglected their farms and stock while cultivating large crops of
tobacco.

f i
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WEgae Son bb. MOLLOY YY VOU an oe ee KAEY ~x
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ft - Ae . = A ee i ‘oe | H } ~— |
YA TO Coun £? A Dye g j — H 4h—-T, - ‘ Ae te

Kit > Ke
Xeuisrlle Gre), |

i { ( -_ ( ) (a (.

ee ee ee eee nee

XII
THE FIRST HANGING

Francis Irvin, who was raised in the Adams Fork settlement, had
become involved in a lawsuit with an old gentleman named William
Maxwell in which Irvin’s character and purse were involved. Max-
well gave a deposition and, after he had testified, mounted his horse
to go home. That was the last seen of Maxwell alive. At a late
hour in the evening his riderless horse reached the farm and whinnied
for his master. The animal was found by a member of the family who
at once saw that the empty saddle was covered with blood, indicating
that the rider had been seriously hurt or killed.

Several days were spent in hunting the body, in which hunt
Irvin joined. Being suspected of the crime he was constantly watched.
It was afterwards observed that he always proposed searching in
different localities from that in which the body was eventually found.
It had been thrown into a slight pool or basin worn by the water of a
small branch where it poured over the roots that partially obstructed
the channel. It was there found covered with loose stones, logs, dirt.
and leaves. A heavy fall of rain had washed away all the lighter
covering, and after the high water subsided, the body was left ex-
posed to sight. |

“Cowardly sneaks, although the most disposed, should never
commit crime. Had Irvin been a man of iron nerve and will and
boldly protested his innocence, he could never have been lawfully
convicted, but his craven heart gave evidence as soon as the body was
discovered. He trembled and turned pale, and although his con-
fession might have been made under sufficient threats and persuasions
to have excluded it as evidence on the trial, yet he gave facts which
fastened the guilt upon him, such as telling where he had hidden
Maxweill’s hat and shoes and where they could find another bullet
hole in the body, one which, up to then, had not been noticed.

Irvin was arrested and committed to the old log jail in Hartford.
The old house was so weak that it had to be guarded at a great ex-
pense until he was removed to the Hardinsburg jail for safe-keeping.

53

*ozgt SCT ABW uo SAyonquey Spuogzzzey ye pesuey ‘stouety *NTAXT

Ohio County in the Olden Days

His case lingered in court for nearly two years and at one time re-
sulted in a hung jury. A final trial was had and the jury brought in
a verdict of murder.

Joseph Allen, of Hardinsburg, had been a practitioner at the
Hartford bar from perhaps the first circuit court held in the county.
He was Irvin’s lawyer, and was able, untiring, and devoted to his
client. Great reliance was placed on the selection of juries in des-
perate cases. Next to the hardened villain who feared punishment
himself, the mild, tender-hearted man who abhorred a murder and
shrank from taking life, even by due Process of law, was sought as a
juryman. The panel was at last completed save one, and the de-
fendant still had one or more peremptory challenges in reserve.
Timothy Condit was called. There perhaps never lived a purer
Christian or more tender-hearted man. He seldom listened to a tale
of suffering or misery without tears.

Mr. Allen viewed him sternly and critically and took him without
challenge, and during the trial and in his argument always aimed to
excite the old man’s sympathy. This he no doubt succeeded in
doing, for tears were seen coursing down his cheeks during the trial,
also when a verdict of guilt was announced. The able counsel for the
defendant looked surprised, but no doubt still clung to the hope that
Timothy Condit would “give down,” so he called for a poll of the jury.

This was done by each juryman being called by name and asked
whether he agreed to the verdict. Condit’s name was the last on the
list. When his name was called, Mr. Allen assumed a grave and
solemn tone of voice, and, pausing on each word, said: ‘‘Mister
Condit, do you agree to that verdict?”—with an emphasis on ‘‘you,”’
“agree,” and ‘‘verdict.”’

During ail this time the courthouse was thronged with spectators.
The interest felt seemed painfully intense. Every eye was turned on
the meek, simple-hearted old man. Every ear was strained to hear
his words. The good old man raised his eyes to heaven} tears trickled
down his cheeks. His words were feeble, yet thrilling. Slowly he
said: ‘In the name of the Lord, I do.” A murmur ‘of applause
burst from the crowd. This was followed by a titter of laughter at an

54

ne na a ie A a a te

The First Hanging

ill-natured remark by Allen about the old man and his Lord. Allen
then threw down his papers and books and left the courthouse.

Judge Alney McLean, whose heart was always overflowing with
human kindness, could not pass sentence with anything like due
composure. He solemnly set the day of execution—May 13, 1826—
but when he spoke the words “‘that you be hanged by the neck until
you are dead, dead, dead!’’"—his voice became husky and almost
inaudible as he wiped tears from his eyes."

A hanging had never before occurred in Ohio County. Men,
women, and children of every age and condition came not only from
this county but also from Daviess, Breckinridge, Grayson, Butler,
and Muhlenberg. Taverns, private houses in town, and even homes
for miles in the country were crowded with visitors. Even the court-
house was filled over. night with campers. The whole of the four
acres of the public square was then unoccupied, except as a common,
and was almost as green as a meadow, but the morning after the hang-
ing it resembled a battlefield.

The erection of a gallows in the center of the town was unusuai,
but the reason was this: Shortly after the sentence was passed,
remonstrances came in from every neighborhood to the sheriff, John
Rogers, against erecting a gallows on the road they traveled to town.
No man would give leave for its erection on his property. The
sheriff did not wish to incur the ill will of the whole community, so,
upon the advice of the county attorney, he built the scaffold in
Washington Street, a short distance below the crossing of Market
Street.

The night previous to the execution the poor wife of the con-
demned man brought him a new suit of snowwhite home-made linen’
and a very large twist of home-grown tobacco. Dressed in his suit

‘2 In a subsequent article Mr. Taylor makes a correction to the effect that
upon further reflection he found ‘‘the scene with Timothy Condit and Joseph
Allen’ took place at the first trial of Irvin and not the last. He attended all the
trials and admits that ‘‘after a lapse of these many years these triais became
blended together in the writer’s memory.”’ .

Judge John B. Wilson, in a memorandum (1926) citing Order Book No. 7,
pages 10 and 44, says that the last trial ended on Tuesday, April 4, 1826, and that
the jury consisted of: George Oldham, Job Malin, Joseph D. McFariand, Ezekiel
Kennedy, Cornelius Roach, Joseph Paxton, Stephen Rowan, Churchill Jones,
Michael Myers, Nicholas Taylor, Allan May, and Ansel Watkins, foreman.

55


Laughlin said he was :
awakened during the night
by someone trying to slash
him with a knife. He said he

ran for help and by the time

they got back, Laughlin’s

‘house was onfire. The =~ - ;

bodies of his wife and
teen-age niece were found in
the ashes.

Meanwhile, two controversies arose while
Hicks was in jail.

. First, he became ill with smallpox. Some
feared that Hicks would die before they could
hang him, but he recovered.

The second controversy was related to his
conversion to Catholicism, which came about
after daily visits from two priests and two
nuns. ; zt

The concern was that the priests were advis-
ing Hicks not to make a Public confession and
that they were shielding knowledge of his guilt
behind religious confidentiality.

Finally at 10 a.m., Feb. 24, 1882, Hicks went to
the gallows. Accompanied by his religious advi-
sers, Hicks prayed, but refused to make any
public confession. ; matt

Ideally in a “good” hanging, the force of the
fall through the trap door and Jerk of the rope
will snap the prisoner’s neck resulting tn a
quick death.

But Hicks was not so fortunate. Some 10
minutes after the trap door was sprung, a doc-
tor reported Hicks still had a pulse. Hicks’ body
was left hanging for 30 minutes. :

A funeral Mass was held at the Cathedral
Basilica in Covington and Hicks’ body was
Placed in a vault at St. Mary’s Cemetery in Ft.
Mitchell.

Robert Laugijin — It was in January of 1896

. Although convicted and sentenced to die by
hanging, there was talk that Laughlin might
escape death by-an insanity claim.

.. Jackson was among those who questioned
Laughlin’s sanity. He said Laughlin was “a lit-
tle off” and ‘“4t would be an outrage” to hang
someone in that mental state.

Despite that concern, Laughlin was placed
on the gallows on Jan. 9, 1897. He asked that a
50-cent piece, his last Possession, be given to
Walling and predicted that Jackson would
make a last minute confession on the gallows,
Clearing Walling.

At their later hanging, Jackson and Walling
were asked to make last comments. The 21-
year-old Walling pleaded his ‘innocence and
turned to Jackson. Witnesses said Jackson, “28,
paused for two minutes with all eyes on him.
Jackson then declared his own innocence, but
made no comment about Walling. Both men
were then hanged.

Laughlin had received letters from Jackson
and Walling telling him to face his execution
like a man. He did just that. He stood silently
on the gallows, head bowed as a minister read
froma Bible. .

A large crowd, many of whom were drunk,
had gathered early and tore down a fence in-
tended to limit the number of witnesses to
Laughlin’s execution tn the Brooksville court-
house square.

‘Laughlin’s neck snapped as his bedy fell
through the trap door and the rope went taut.
Within 10 minutes he was pronounced dead.

Harry Garrison — The 20-year-old Mason
County man was arrested in Campbell County
in July of 1915, while attempting to rent a boat
to cross the Ohio River.

Garrison was accused of trying to assault

one woman in rural Campbell County and then.

assaulting and robbing a second woman. Iden-
tified by the victim, Garrison was placed under

heavy guard for the trip to the Newport jail,
* but the furor was such that at Ross the police

decided to travel the rest of the way by train.

. _Even there Garrison was not safe and &@ pas-

senger attempted to grab him. One man
climbed up on the side of the train and tried to
shoot Garrison. :

‘Campbell County Patrolman William Man-
waring eventually had to place Garrison under
-&@ train seat and stand guard over him with two

(uns. é

Pr wear were

~ See ‘ " - ——— -

“h %

On the evening of March 5,
1918, three armed men
stormed into a rear room of

_ J. Douglas Haake’s saloon

at 12th and Russell streets in
Covington. They were after
the receipts of the Ninth
Ward Perpetual Building
Association, which was
meeting there.

- The attempted robbery failed, but Lee was
whot dead.

The four men were eventually arrested.
Three were in their early 20s and one was 19.
The case attracted special attention because
two of the suspects became witnesses for the
Prosecution, and the man believed to have
been the “trigger man” was sentenced to life in
prison. Only Powers, tried by a different jury,
was given the death penalty.

Powers, a 21-year-old Covington man, was
apparently stngled out for the death penalty
because the jury considered him the leader of
the gang. The Bang was connected with a series
of Northern Kentucky robberies.

‘The support for Powers was such that a
public meeting was held and a delegation sent

. to Gov. Edwin P. Morrow with & petition signed

by 6,000 Kenton County residents asking for

"leniency. Gov. Morrow refused.

_ Baying, “I bear no malice toward anyone,”
Powers was executed in the electric chair at

. Eddyville State Penitentiary at 12:28 a.m., June

15, 1923. °

The study of Northern Kentucky history is
an avocation of staff writer Jim Reis, who cov-
ers suburban Kenton County for The Kentucky
Post. ‘

+ Oe we re ee. ms om - Tot Ce eee tee eee eee ance =

°

a


WALLING,

JHUKDSOON &

whites, hanged Newport, KY
(under segment on Laughlin,

Executions

K, Post -
&

fees

Death penalty was not the norm for serious crimes in Northern Kentucky

The issue of capital punishment has been
debated in America for years.

And the topic has been no less of an issue in -

Kentucky than anywhere else.

But it’s interesting to note that in Northern
Kentucky, the death penalty for serious crimes
has not been the norm. Most Northern Ken-
tuckians who were convicted of crimes such as
murder were not executed. Instead they were
given life sentences and most eventually were
granted parole.

And while it is true that Northern Kentucky
had its share of lynchings in the 1800s, they
were almost always racially or class motivated
and in either case, outside the legal system.

Executions recounted in earlier history col-
umns included the last public hanging in the
state and the hanging of two men convicted of
beheading a woman named Pearl Bryan.

Harold Venison was the last man hanged in
the state. That occurred in Covington in 1938,
just one year after 20-year-old John Montjoy
was hanged in Covington. Both men had been
convicted of rape. '

In 1897, Alonzo Walling and Scott Jackson
were hanged, side by side, in Newport for Pearl
Bryan’s murder.

The’ following is a look at five other North-
rn Kentucky crimes that resulted in execu-
ion. , Pi

John “Major” Hicks — In-December 1880,
three men returning from Cincinnati found
Henry Williams lying on a plank walkway near
the Ludlow ferry landing. a

A young machinist with the Cincinnati | &

Southern Railroad, Williams was known to
cash his paychecks for gold coins. He had been
on his way to Cincinnati that evening to buy
his mother Christmas gifts when he was struck

on the back of the head with a lead pipe.and © ; :

robbed.

Williams was still alive when the men found .

him,"but he died without regaining conscious-
ness. \ :

The investigation turned to a man seen in
the area carrying the lead pipe. A man match-
ing the description also bought a pair of boots

a $20 gold piece. it as nips ape tioes
rested. | ‘

First, Hicks was identified as the man seen
in the area carrying a lead pipe. Then the

Ludlow storekeeper identified Hicks as the .

man who bought the new: boots. The exact
change from that transaction also was found
in Hicks’ room and stains, later identified as
blood, were found on Hicks’ old shoes.

Hicks denied any connection with the crime.

He claimed he was “shooting craps” at-home .-
on the night of the killing. Hicks said the blood .

on his old shoes came from a chicken.
The public uproar was tremendous and the

night Hicks was arrested a mob of 300 men

marched from Ludlow to the Covington fail.

Sheriff Legrand Armstrong was tipped off and

the lynch mob faced a collection of 20 to 30

-“eriff’s deputies, city police, firemen and oth-
volunteers “armed to the teeth.”

Shots were fired over the mob and they dis-°

persed.

After a day of deliberation, a jury found
Hicks guilty. He was sentenced to die June 10,
but that was later delayed. . a

Pavia
7:

Ae
‘Spa aes oar eS
rs L Re Ke % oY

i eRe RRS EG - "3 Poe

cy

fe

ay. ee yh,

MURDERER LAUGHLIN,
© MAS BEXW TAKEN TO BROOKSVILLE, KY, WHERS EE
WILL DIZ OM THE GALLOWS saTURDAY.

“The men pictured above all were convicted of

‘:omurder and received the death penalty. Robert

2tLaughliin, top, and John Hicks, above right, were

"that a” front»page ‘headiine told of the “worst

crime in the history of Bracken County.”

1 Laughlin said he was awakened during the
‘night by someone trying to slash him with a

“““tenife. He said he ran for help and by the time
.they got back, Laughlin’s house was on fire.
The bodies of his wife and teen-age niece were
found in the ashes.

Bloodhounds were put on the trail, but they
‘found only one set of tracks — Laughlin’s. Af-
ter questioning by the sheriff, Laughlin con-

. fessed. . “4

He said he struck and killed his invalid wife.

After his niece &woke and discovered the
crime, he assaulted and killed her. He set the
* house on fire to try to cover his crime. ig
.... People in Bracken County were outraged
and Laughlin was secretly moved to the
Maysville jail. Later he was taken to the Cov-
ington Jail to stem talk of a lynching. | -
. It was while in the Ne
lin befriended Alonzo W
son, who were a

Bryan murder...

and Scott Jack-

that evening in Ludlow and paid for them with , . hanged. James Lawler went to the electric chair. - .

oe NR we ee we oe

| Hicks, an 18-year-old drifter, was soon ar-

sus ota
i" Rip 520

rt jail that Laugh-
waiting execution in the Pearl :

Garrison went on trial that fall, and after
less than 90 minutes of deliberation, a jury
found Garrison guilty; he was given the death
sentence. He became the first person in Camp-
bell County sentenced to die in the electric
chair. a

The execution was scheduled for Feb. 11,
1916, but later changed to Nov. 17. In the mean-
time, Garrison tried to take his own life by
eating roach poison.

Without the public fanfare of the hangings,
Garrison went to his death almost quietly in
the electric chair at Eddyville State Penitenti-
ary. A story in The Kentucky Post said Garri-
son had confessed to the crime before his
death.

Garrison Jearned to read while in jail and
his last request was that his fourth grade read-
er be given to his family. ‘

Patrick Kearney and Jim Lawler — On the
evening of March 5, 1918, three armed men
stormed into a rear room of J. Douglas Haake’s
saloon at }2th and Russell streets in Covington.
They were after the receipts of the Ninth Ward
Perpetual Building Association, which was
meeting there. ‘

Whey they asked the man who was sitting
there for the money, he laughed only to discov-
er that they were serious.

The man, who happened to be Covington
Police Commissioner Theodore Kluemper, told
the gunmen the money was in the next room.
As two of the men left, Kluemper jumped for
his gun. The man still in the room fired at
Kluemper, nicking him on the cheek. Kluem-
per shot back killing the man, later identified
aS William “Zeke” Moran.

Meanwhile the gunmen in the next room
shot and killed Andrew Nordmeyer, 67, the as-
sociation president, ani John Rehm, 82, the
recelying secretary. ; .

Kearney and Lawler escaped with about
$1,100. Kearney was arrested in Cincinnati a
few hours after the robbery; Lawler was ar-

- rested in Cincinnati a few days later.

Both men claimed no knowledge of the
holdup. Kearney claimed Gincinnati police

-were framing him. , :

\ oe eh eee see
They were tried separately. It took a jury 12

hours to convict Lawler, but the Kearney jury

took only 90 minutes.

Both were sentenced to die in the electric
chair, but they sawed their way out of a Cov-
ington jail cell. Kearney was captured a few
minutes later, but a manhunt for Lawler took a
week. Covington, county and state officials
each put $500 in a reward fund.

Police finally tracked Lawler to a house in
the Avondale section of Cincinnatl. Police rid-
dled the house with bullets, but Lawler refused
to come out. Police finally “gassed” Lawler out.

Another man accused of being the getaway

driver for Lawler and Kearney was apparently
allowed to go free after serving as a witness

and volunteering for the Army.
Kearney and Lawler died in the electric
chair at Eddyville State Penitentiary on Feb.

(21,1919,

o wee Se! . . .

‘James Powers — It was in the evening of Jan.

22, 1922, that Morris Lee, the 25-year-old man-

ager of Covington’s Strand: Theater was
stopped in his car by four armed men.


baa |

Fat

ee
y

5.

AS Chieimhath in 18

Soh
is 3 t

\ “There was hope, however, for: ‘
He ‘Alonzo Walling... fs?)

enhpaitiieteaon ‘ open? ea

{vy é
wh "

ERS he

“4 + tye aa? 4, ae 11
: aes t ‘ Wena (s-\%
ft me

4

Warrier

The. 1896 murder of Pearl Bryan: tol

* phe wasja 22- Vener old country bie’:

mactying tie man whose child ang
was carrying. ao dae SA
“i+. She ended up “arceded and eian
;,t0° an. isolated field in Ft. Thomas’ *
“wher é her head was: es ott while she:

ci 1" * Was still alive.:

‘Her head has never a found.
an She was Pearl Bryan and her ©
brutal murder is considered by many -
the most sensational crime in the
«ijstory of northern Kentucky. ‘|:

“Two dental students were arrested |

+e and: ‘convicted of her murder in a’

theatrical trial. Following a jail;
‘break, threats of public lynching and
‘\a last-minute flurry of telegrams be- :

‘| ‘tween the Newport jailer and the «

. Yovernor, they were walked to. the’

, gallows in the Newport jailyard. » i
. They ‘were met there bya silent |

“crowd und two “expert”, executioners’

‘} one from Brookavillg and one from

‘Lexington, ° we }
ls For. Scott, ladiaon ‘there Was no)
‘hope of a reprieve, The fee: x

dp “native of Maine ‘was described by /
‘1, Mewspaper accounts as 5 feet, 6 inches *
(|) tall, blond complextoned, with cold,

y glittering steel-gray eyes. wehty
* There. was no hope tar ‘him be- ~

' cause he was considered, the master-
“mind of the murder. yoy). rae

é ee Ly

oh! Walling \ Was & 21-year-old native of ;
i Mt. Carmel, ‘And, mt

aie "He was described § as 6 feet, 9 inches
oy ital, with dark hair and hazel, eyes.

Aunder, heavy eyebrows that almost

: mE bt! +S
BS a ~ Walling | WAS Considered a stolid’:

han d morose character with “little |

| totce -of character, which made him .
dee ‘alk the: more the pliant tool of Juck-. : 1

4 soit. eect

'pért. Sheriff Jule’ Plummer that, if;
‘Jackson’ made a full’ confession on 7

the gallows, including where Miss *:

‘Bryan’s head could be found, the’ Ps

3 i governor | would spare Walling. © . The

(4 As they stood on the gallows, "!
“Plummer asked’ Jackson if he had 3

denything to say before he was shang: |

d. Jackson'said he did:’ ¥,

“«\ Jackson and Walling | had come to i

Pike ‘Pont through’ several twists of: x
a we Pus | as we ft ‘ bey is

i'd; [6-5 Jackson was the'son of a transat-~ i

“Jantic. sea captain and‘had traveled :
“extensively by the time he was.a teen-*
, 2ger,. When his father died, he moved, ;

} with is mother to, Jérsey City, N.J., 4 ‘

“and took a Job with the Pennsylvania: ‘
Railroad Con eal i a

ed 2 HIS boss was charged with embez-: Be

A Salis: several thousand dollars and al- *

ea in: Greencastle, Ind., wha came to! |
586 in the hope of. i}:

sane MT . tj

le of k

ree

Mh ard ee aE .
hae teers Bae s,
| Maes «23 | ¥ ,
Pig Fie .
on ee :
y Wey i
i, Be :

24 bp

eS a tea
is 6 er ee
iY

cot

==

—
ere

a . = ee a ee
is iim os Mane 6 a ae
aS es ; 4 eS g iy Sate ms)
ng ey ee Mee es

“ Ad si ie
“Alonzo Walling was * “Pear Bryan was | eS Soott Hackson: a 28."
‘described as 5 feet,” described as a 1°) SGryear-old native of
9 inches tall, with .. ms _Sunday-school 2 and : tong aine, was, kp
~ dark hair and hazel. ie “church wotker}.)) 0 ".F Mgtdescribed by). oo ina
“eyes under heavy _ pay and - «©! mewspaper accounts.

eyebrows that) | :ai=2.5. | Vivacious and a: ata 5 feat, Ginches ‘0: -
: almost met. Walling, nas social favorite i inher. aa ‘ tall,blond «= ae

was considered a” . home.’ Shehad .;° fi “Complexioned; >with

ert The governor: had informed New? agonccting when Jackson visited Green: se.

{+

Tuesday night, Jan, 28, 1898. 4

ag ‘cutting across a field at Highland

“LX. as he walked along a pathway he |.

stolid and morose i os". ‘bright blue eyes, / is “A¢old, glittering steck 5
“character with ‘litle ’)". , blond hair that : “a Qray eyes. There 4s
+ force of character, |: 4 ie Shaded to auburn. a... 4 «Was no hope for him va
“which made him all 3 (prettyface;the 3". np ,because he was: ~~ *

. the more the pliant almost flawless oF te considered the | et
“ tool of Jackson.’ “complexion of an...» --7emastermind of the See
/ pAnEDELE EOUNLL pom | Kvn , aoe fee yoountry os sagmurder, ee are

A search wasmade «/ the sur= thweman’s head. G t.

castle. That relationship changed in’ _Tounding area for the he» 4, without °:
’ the summer of 1895'and after Jackson ‘syccess. Bloodhounds we: 2 brought,."\;Walling to. the funeral home where
left for Cincinnatl, = Bryant ‘ out. They trailed the sce “from the 4 the woman was laid out in her high

“Police even took Jackson and

uit

“scribed as “recklessly defiant” of.
“their jail window at the crowd and

‘ gallows. “2°.

‘County Sheriff; Maurice Hook ‘also

_ perience in such work.

haett oe

"broly

_ jim mage
reiso.,

-hangings, the sheriff had asked Eb
’. Fauth, of Lexington, who was consid-
‘ered an execution expert, to make

their situation, looking out through

even greeting some people.

“The day was described as a “per-
fect spring day.” The “sky was cloud-
less” and alight breeze swayed the
two “looped ropes dangling” from the

Because of his inexperience in.

sure the gallows would work. Bracken

had been asked up because of his ex-

- The execution was set for 9 a.m.,
but at three minutes to 9 Jackson =
asked to talk with the minister in at-

_ tendance and; after doing so, Jackson
+ told the deputies he had a statement o

to make about Walling. He then said, {
“T know that Alonzo M. Walling is not*
guilty of murder.” _~

graphed to Gov. William O. Bradley.

““made a discovery.” “l scene to the Covington ‘ater reser-., Stacie kenge then yeaa aod 8
in Woods, who wrote , ‘voir in Ft, Thomas. The r« servoir was ; sister begged them to elocation —
eek: — é later drained, but no heac vas found. “of the head, but they showed no emo-

, an attitude they maintained
1. Jackson wrote back to Woods and The body meanwhile © ‘as taken to ee eS separate ri.

told him “to tell the girl to come, to Newport where &h autop:y was per-
, Cincinnati.” i" > " Soca It was then discovered that: to Ma 4
i e woman W&88 pregn: it. Cocaine. . y :

Gh arrived $s sea ge on “was found tn her stomac’ ‘ ; ae It was during ‘his trial that medi-
~The, body. was ident! ed as Miss cal experts testified that they bellev-

Paryan’ ‘four days late: through a ‘ed - — based on the'amount and loca-

‘manufacturer’s number !» one of her «4 tion of the blood — that the woman

shoes. The number led p°lice first to. | ‘was alive during part of the decapita-

Avenue and Alexandria Pike in’Ft. : # the.manufacturer, then ‘9 a Green- * “aflon, * Ne ee

‘Thomas on his way to work at the. _ gastle shoe store and then to Miss: ran ‘Despite Jackson’s continual in-

farm of Col. John Lock.:.. 5 | 3!

Two days later, on a cold, guste?
foggy morning, John Hewling was

Jackson was' “atrested shat same WY
evening after Police lea’ned of - the, ‘the woman was dead before oye

‘spotted a woman lying on the ground. °
ying 8 ‘Sabtens tadeeean Wid and tenkiene <1: 1, DOReMNed,,*

, “eT pe Serr ES SR, Ee, ea To Sao,

Ne Jackson’ s trial lasted from April 21

That message was quickly a B

' The governor telegraphed back that

more details of the crime were need- ®
ed. me

The hanging \ was put on hold and ==
Jackson was requestioned and then @®

‘left aldne*to think things over for a

few minutes. When they reburnied =
Jackson said he had “nothing fur- @
ther” to say and the double execution

«was ordered to continue.

The gallows were checked wake
and at 11:32 the march to the gallows

:« began.

Jackson was 3 de: scribed on the gal- ¢

‘lows as standing erect and playing e

the part of an actor. Walling was de-
scribed as trembling with his oven]
downcast. :

It was at that point that Jackson”

was asked if he had anything further

‘to say. és
‘An eyewitness said, ‘Jacksong

hestitated fully two moments before g

he replied. Before he spoke Walling

* turned expectantly, evidently heliev- CO

“ Bryan’sfamily. f?% 4 We - aistence that he was innocent, his de- ‘
fense centered on trying to prove that.

ing that Jackson would speak the
‘words which. would save his life, even

“while he thus stood on the brink of

‘death. Walling had turned half
around and he stood in that position
with an appealing expression on his
face, while Jackson, without looking
at him, upturned his eyes and replied
‘I have only this to say, that Iam not
guilty of the crime for which I am
now compelled to pay the penalty of

meu lifa’?

. SozuoTy ‘ONT'TIVM

S

-
st

Lg |
—avdio County in the Olden Days

A

to another world, for, just before the rope was adjusted around his
neck, he pulled out his twist, took an enormous chew, and then put
the twist back in his pocket and buttoned the flap over it, apparently
with anxious care. |

Irvin’s conduct upon the scaffold seemed to excite only pity and
contempt. He showed nothing but a weak, cowardly fear of death—

had to pull from him. The cart moved suddenly away. A few
convulsive struggles, a quiver of muscles, and the melon-stealing, or-
chard-robbing boy who had culminated into a vile murderer in middle
age was no more.

56

TOE SITE REY HD

XIII

SOME EARLY MERCHANTS

The first mercantile transaction of which tradition gives any
account is the story of a Yankee peddler who came to Hartford with
a barrel of whiskey—a story which we will retell presently. The
next to come to this section was the peddler whose story ts told in
“Early Experiences of Ralph Ringwood.” Whether ‘Ralph Ring-
wood’s” peddler was a myth or not, he was at least a representative
character of his trade of the day. It was to such itinerant ‘“mer-
chants” or peddlers as ‘“‘Ringwood’s” that the early pioneers looked
for their few supplies. Besides, the early pioneer’s means of purchas-
ing were too scant to justify the permanent location of a store in any
one special place.

Previous to Anthony Wayne’s compiete and decisive victory
over the Indians in 1794, very few settiements were made below
Elizabethtown, Kentucky, with a view of opening and cultivating
farms. Forts and stations were erected in various localities: smail
parcels of land were cleared and cultivated by placing wary, expert
riflemen as sentinels while others worked.

A few bushels of corn, with the aid of hand mills and hominy
mortars, furnished their daily bread. The buffalo, elk, bear, and
deer not only furnished them with an abundant supply of meat but
also with bed clothes and wearing apparel. Geese, turkeys, and
other wild fowls supplied them with meat more delicious than the
chicken of the present day. Feathers, furs, skins, tallow, and wild
honey formed the basis of trade and commerce.

Tradition does not give the palm of shrewdness and cunning
always to the peddler of those days, as will be illustrated by the
following story of transactions involving whiskey and coonskins.

Some enterprising Yankee peddler had managéd to get a barrel
of whiskey into Hartford. ~ With it he proposed to accommodate
the citizens, selling a gill for a coonskin, or nine pence in silver—the
Principal coins in circulation under a whole dollar being dollars cut
in halves, quarters, eighths, and sixteenths. To save paying rent,
he, with the aid of some poles and boards, erected a shanty around
his whiskey barrel,-and, with a partition in the middle, he had the
front for a salesroom and the back part for a storeroom. Business

57


eo See

Sea ee

[Continued from page 47]

: The Beheaded Beauty ahd the Clue of the Black Blipoer .

“How about the other woman?”

“She is the wife of a soldier at Louis-
ville barracks. I have not seen her for a
long time. The last I heard she was at
Louisville.”

I put a telegraph tracer on the soldier's
wife and followed the other lead.

When I reached the millinery store
of Pearl Bryan’s sister her brother hap-
pened to be there. Calling them into a
side room, I asked where Miss Bryan
was.

“She is visiting with the Fisher family
at Indianapolis,” was the reply. “She
left last Friday.”

The news served to confirm my sus-
picions. Pearl Bryan had not been home
since the previous Friday. Pearl Bryan
had bought a pair of the shoes like those
worn by the slain girl. Without another
word I opened a valise containing articles
of apparel worn bv the Lock Lane victim,
as well as those found under the railroad
bridge. :

The first garment exhibited brought
an exclamation from the sister.

“Why,” she cried, “that is my kimono.
I lent it to. Pearl to take with her!” A
few more pieces were’ shown the pair.
They positively identified them as be-
longing to Miss Bryan and, they agreed
that Pearl had webbed toes. :

Heart-broken though they were, they
bore up with much fortitude when I
assured them that the headless girl of
whom they had read was their sister.

“But,” the woman sobbed, “Pearl went
to Indianapolis. She wouldn't go to Cin-
cinnati. She knew no one there.”

“Are you sure she knew no one there?”

“Yes, she did,” her brother put in. “You
remember that nephew of a Depauw pro-
fessor who visited here this summer?
He was quite attentive to Pearl. He is

- studying dentistry in Cincinnati now.

What was his name?”

“Scott Jackson!” exclaimed the woman.
“I forgot about him. He was the only
person she was acquainted with in that
part of the country.”

A dental student! I needed no more in-
formation for the moment.

 CRESSINAN

56

I resorted to code in my message
to Chief Deitsch so that neither the
press nor any other agency would know
Jackson was under suspicion and let
the news leak out before he could be
apprehended. The telegraph office was
in the railway depot. The operator was
somewhat puzzled by what appeared to
him a’meaningless jumble of letters and
numerals. I waited until he had finished
clicking off the message, for he fre-
quently stopped to verify the strange
telegram. He was far from stupid, how-
ever, and the name “Scott Jackson”
caused him to prick up his ears. I swore
him to the strictest secrecy and was leav-
ing when he said:

“Mr. Crim, perhaps I can be of a little
help to you.”

Jackson Seized

“W HAT do you know about this busi-
ness?” I asked.

“IT know this,” he replied, “that Scott
Jackson and a fellow named John Stone

used to loaf around the depot here. Stone:

is a cousin of Miss Bryan and it was
through him that Jackson met her.

“After Jackson left town Stone came
down here a lot. I often talked to him
about Scott. He told me not long ago
that Scott had got his cousin in trouble.
Later he said that Jackson had asked
him to persuade Pearl to come ‘to Cin-
cinnati. Stone was:to make her believe
Jackson would marry her.

Discovering Stone had gone to South
Bend, I raced after him and soon had
confirmation of the telegrapher’s story.

“T had no part in any murder. I never
dreamed of such a thing,” he protested.
“T'll go to Cincinnati with you and tell
you everything I know.”

I telephoned Chief of Detectives Hazen
preparatory to starting home and told him
of our success in apprehending Stone.

“Congratulations,” he said. “Now I
have some good news for you. We have
Jackson and his roommate, Alonzo Wal-
ling, in jail!”

It was from the officers who met us at

LAWYERS

792 199TH AVENUE

“Make a note of that address, Oscar!" i

«

the station that I first learned the story
of the arrest of Jackson and Walling.

Deny Guilt

Rah! had found that Jackson was

a student at the Ohio Dental college
and had visited his old haunts repeatedly.
Announcement by the press that the
murdered girl had been identified as Pearl
Bryan, evidently had caused the student
to lie low,

They finally trailed him down and
nabbed him. At the first notification that
he was under arrest on a charge of mur-
der he had blurted out:

“Have they got Walling, too?” :

This had been the first intimation of
the accomplice’s identity. The detectives
sensed the truth,

“Yes, we’ve got your pal and he’s put
all the blame on you.”

Placing their prisoner in a cell, the de-
tectives started out to look up Walling.
They learned that he came from a fine
and highly respected Indiana family and
was Jackson's roommate and classmate
at the dental school. Jackson was the son
of a sea captain.

Walling blanched when officers took

him into custody. But, like Jackson, he’.
denied any knowledge of Pearl Bryan's’

fate.

Arriving with Stone at the City Hall,
we went to Mayor Caldwell’s office.

Suave and carefully groomed, the stu-
‘dents marched in with no more emotion
than if they were filing into a classroom:
Jackson gave a friendly nod to Stone.

“Now,” said Colonel Deitsch, ignoring
the prisoners, “tell us all you know about
this case, Mr. Stone.”

Neither prisoner moved as the cousin ’.

of the slain girl told his story.

Jackson still looked into space. Walling
crossed and uncrossed his legs.

“What have you to say, Jackson?”

“Just this,” came the cold metallic
tones of the prisoner, “you are bringing
a frightful disgrace upon me and my
friend, Lonnie.” He glanced momen-
tarily at Walling, evidently to see if his
protestation of friendship was buoying
up his pal. “And you are all wrong.

‘If Pearl Bryan came here I never saw

her or knew she was here, I don’t be-
lieve it was she who was killed. But
if it was she fell into the hands of
criminals, My record shows I have never
belonged to that class. And you can’t
find a truthful man or woman who will
say he ever saw me in Pearl's company
in Cincinnati or Kentucky. I refuse to
confess to something I had no hand in
whatsoever.”

“Jackson,” thundered Colonel Deitsch,
“roll up your right sleeve.” -Sulkily the
command was executed. There were
four long, deep scratches. “How did
you yet those?” }

“An insect bit me,” came the glib reply.
“When I was stripped at the station I
told the officers all about it.”

“You got those when that poor, be-
trayed girl was trying to keep you from
driving your murderous knife into her
throat. You know very well you did.
We've got enough on you to have you
hanged a dozen times already.” i

In and out of Walling’s presence we
plied Jackson with questions. But’each
time -his' reply. was: - “I’ve told you all

YNAMI
rae

Ae

Cy.

I know.” Wa
born. He main
heard of Pearl |!
her in the paper

Had \

ONE thing 0
inquisitions
planned. We h:
tial evidence bi
would swear to
Bryan since sh

The first piec
cabman identifie
Bryan as “the
from the depot
Upon arriving a:
asked him to ;
Inquiry develop:
not at the colle
quested to be dr
hotel there was
Bryan, But the
was on the regi:
bered very well:
and “Miss Bry:
same.

A search at
vealed, a pair o
in Walling’s loc)
fied as belonging
a very importa:
-ford’s saloon, th«
pictures were th
his wineroom on
der. A colored
them. He was «
photos.

“Yes, sir,” he s
for a moment, ™
Saturday evening

“What did you

Monk’s Mounc
next vicious atte
night of March
drove alongside
It contained tv
couples, In the di
be seen the sub«
Awed by the be:
ings, the romant
the world were :

“Put up yer han

The astounded
muzzles of four
screamed shrilly.

“That won’t do
a voice. “If you
body’ll be hurt. |
ominously. “Ther
the road here tor

He flung the
climb out!”

As they hastenc
boys were paired
on the other.

“Take the pu
mound,” the. ban
one of his men. “}
We'll let you join

At Merc
iG HE girls stoox

arms about eac
the three crouch
Desperate with ho

DETECTIVE


he

f a saw rose
the crisp air
pped off the
= tree. Since
busy in Col-
ough crashed
ck, glad of a

ree the youth
s of his em-
toward Fort
ing to a lower
the sunlight
near the foot

ttered to the
‘lamation rang
hard. Wide-
it the bushes.
| with crimson

ree, he tiptoed
yandoned road
ndria turnpike.
id up the lane.
ince, he stopped
a woman.
gazed through
he see some
ce but he could
- features. He
» do. Then he
iils and looked
m.
» It had been
an executioner
ry. Terrified by
: sprinted to the
Colonel Lock of

» value of per-
ators to be the

His brother,
{ police at New-
the river from

ell Dave every-
snapped. And
ng the highway
ynel Lock asked
at Fort Thomas

SSIC

DYNAMIC

BEAUTY and the

“by Detective Cal Crim
as told to Lee Enfield

BLACK SLIPPERS

to throw a cordon of police around his

farm in order that no intruders might

approach and disturb any tell-tale foot-
prints or other evidence.

I was sitting in the office talking with
Colonel Philip Deitsch, superintendent
of police, and Chief of Detectives Larry
Hazen that morning of February 1, 1896,
when a telephone buzz interrupted the
conversation. :

“Whew,” I heard Colonel Deitsch ex-
claim after he had listened for-a few sec-
onds. “You think she may have been
killed by soldiers, eh? I'll be only too
glad to send over a couple of detectives
to help you.”

He hung up. “That’s Chief Lock of
Newport,” he said. “He and the county
officers are just leaving for the scene of
a frightful murder at Fort Thomas. Girl
reported beheaded, evidently to prevent
identification. Her body was discovered
on the farm of the chief’s brother.”

“Cal,” snapped Colonel Hazen, “that’s
a job. for you and Jack McDermott. Get
over there quick and camp on the job
until it’s finished.”

I reached the Lock farm ahead of Mc-
Dermott. I found Sheriff Julius Plum-
mer of Campbell county, W. M. Tingley
the coroner, Chief Lock and_ several
deputies on the spot. Thanks to the mili-
tary guard and the care with which the
authorities had approached nothing had
been disturbed. The girl’s body lay just
as it had been found. On the embank-
ment where the slayer had stood when
he hoisted his ghastly burden over the
rail fence were two small footprints
clearly outlined in the earth. Plaster
casts were quickly made of these prints.
A couple of light colored, celluloid hair-
pins were picked up. But there was nota
label on the girl’s garments to indicate
her identity.

And there was no trace of the head.

We were confronted by a real task.
The. murderer, or murderers had gone
the limit to conceal their victim’s iden-
tity. We had first to discover her name
and then formulate a reasonable theory

of OLD KENTU

DETECTIVE

4

K , _“quthor of this story, were photographed
after the execution of the captured slayers.

Jack McDermott, left, and Cal Crim, co-

45

%
I
ht
i


> eae oe

for the killing before we could develop
any legitimate leads.

The poor girl’s head had to be found at
all hazards. Every manhole and culvert
in Cincinnati and the Kentucky suburbs
was searched. The river was dragged
without avail. Sheriff Plummer sent
word almost immediately after we
reached the farm and had Arthur Carter
of Seymour, Indiana, bring his famous
pack of bloodhounds to the scene. The
dogs picked up the trail again and again
but could follow it only to the highway
where they invariably lost it. Evidently
that was the point ‘where the slayer or
slayers had left their vehicle when they
took the girl into the lane and killed her.

As soon as the first examination had
been made Coroner Tingley took the

f,

ote Lod Ble rae eae
Sh Gs adie Mat oh

body’ to a Newport mortuary where Dr.
Robert Carruthers conducted a_ post
mortem. When he had finished he came
out with a grim look on his face. “Gen-
tlemen,” he said speaking to McDermott
and me, “I have found two things that
may be helpful.

“There was cocaine in her stomach.”
He paused. “But most significant of all

is the fact that she was about to become.

a mother. /t was a double murder!”

“Were there any birthmarks or scars
on the body which might give a clue to
her identity?” I asked.

“None that I observed,” he answered.
“She did have webbed toes, but that is
not uncommon.”

And with that meager information we
were forced to be content.

News of the killing spread like wild-
fire. Hundreds of people gathered about

Drawn to this Cincinnati room-
ing house by an unexpected
clue, police hastened to locate
the killer’s companion, above.

the mortyary where the body lay.
Messages without number poured into
police headquarters from parents of
missing girls‘who feared the murder
victim was their daughter.
McDermott and I ran down a num-
ber of supposedly hot clues and found
they were worthless. As the hours wore
on and no trace of the head was found
we began to grow panicky.

More and more it became evident
the slayers had felt confident that iden-
tification of the girl would be impossible
without first finding her head. Even
though we found it they doubtless were
miles away from the murder scene and
traveling at high speed. There must be
some way of determining the girl’s name
without first locating her head. But how?

McDermott had not viewed the dead
girl’s clothing yet and I felt that perhaps
another examination would be helpful.
While we were looking over her belong-
ings, a thought occurred to me. “May I
take these for a short time?”’. I asked
Sheriff Plummer, holding out a pair of
black oxfords which the victim had
worn.. Plummer nodded Inside the
footgear, though stained and faded, were
the numbers 22-11-62458 and the size
3-B. The shoes had been made by Drew,
Selby & Company, of Portsmouth, Ohio.

I went to a Newport shoe dealer, an
acquaintance of mine. Exhibiting .the
dead girl’s shoes and explaining my pur-
pose, I asked him if Drew, Selby & Com-
pany would be able to determine the
dealer to: whom they had been sold.

DYNAMIC

With the death
monster above
murder plot, th
quirer closed i
case with the

He said there
chance that the
know the dealer
That the dealer
of the purchaser
any event if we |
were retailed we
the dead girl live:
recently. That
ward possible ide

More A;

N HOUR lat
mer’s conse
on a train for Px
tions to show o1
manufacturers an
name of the reta
Late that even
woman's hat and
ing apparel unde:
the clothing had
dered girl there v
find. McDermott
vinced that the gi
tance, that she ha
ing with her whi
made away with.
“But,” said Mc
in that Sunday m
“the girl must ha
a valise. Why did:
the grip, too?”
“TI was just as
question,” I respo:
the very thing th:

DETECTIVE


nati room-
aexpected
i to locate
on, above.

» body lay.
poured into
parents of
the murder
Tr
lown a num-
-s and found
= hours wore
d was found
y,
ame evident
nt that iden-
ye impossible
nead. Even
yubtless were
er scene and
jere must be
e girl’s name
ad. But how?
ved the dead
that perhaps
d be helpful.
r her belong-
me. “May I
e?” I asked
out a pair of
victim had
Inside the
d faded, were
and the size
1ade by Drew,
smouth, Ohio.
10e dealer, an
‘xhibiting -the
ining my pur-
Selby & Com-
determine the
been sold.

DYNAMIC

ray

TSGahs vit ‘7
po MRSS As Rie Pt at Ad

With the death of the inhuman
monster above, brains of the
murder plot, the Cincinnati En-
quirer closed the Pearl Bryan
case with the story at right.

He said there was better than an even
chance that the manufacturers would
know the dealer who bought the shoes.

That the dealer would have a record “.
of the purchaser was doubtful. But in ;

any event if we learned where the shoes
were retailed we might ascertain where
the dead girl lived, or at least had visited
recently. That would be a long step to-
ward possible identification.

More Apparel Found '

N HOUR later with Sheriff Plum-

mer’s consent I put the shoe dealer

on a train for Portsmouth with instruc-

tions to show one of the shoes to the

manufacturers and send me at once the
name of the retailer for whom made.

Late that evening’ searchers found a
woman's hat and several pieces of wear-
ing apparel under a railroad bridge. If
the clothing had belonged to the mur-
dered girl there was significance in that
find. McDermott and I were now con-
vinced that the git] had come from a dis-
tance, that she had brought extra cloth-
ing with her which the murderers had
made away with.

“But,” said McDermott, as we turned
in that Sunday morning for a brief rest,
“the girl must have had her clothing in
a valise. Why didn’t the murderers leave
the grip, too?”

“I was just asking myself the same
question,” I responded. “The valise was
the very thing they needed to carry the

DETECTIVE

+N,

Bf ALD

head in. The murderers had reason for
taking itfar from the scene of the killing.”

“And they probably ' stuffed some
of their own clothing in the ‘satchel
too,” McDermott answered. “But let’s
get a bit of sleep, now.”

I tried but visions of two fiends fleeing
with the head of a slain girl in a satchel
kept dancing through my brain.

Developments Sunday forenoon were
quite as disappointing as those of the
previous twenty-four hours. Then came
a message from the shoe dealer. The
shoes worn by the dead girl were part
of-a shipment sold to a dealer in Green-
castle, Indiana. More important still, the
retailers had received but three pairs of
that style and size. Monday found Mc-
Dermott, Plummer and me, accompanied
by a throng of reporters, in Indiana.

Leaving McDermott and Plummer

with the press representatives, I went to
the shoe store where to my joy I found
only two of the three pairs of oxfords had
been sold. The manager believed he had
records of both sales. “Yes,” he said
after some investigation, “one pair was
sold to Miss Pearl Bryan, the other to
Mrs. John Kesterman.”

“Who is Miss Bryan?” I asked.

“A young woman of fine family
here. Her sister is in the millinery
business. Her brother lives in town
and her mother resides in the
country a short distance out.”

“Is ‘Miss Bryan at home now?” I
queried.

“I believe she is,” he said.

[Continued on page 56}

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JENNINGS, Sam, black, 38, hanged Hardinsburg,KY, on 6-17-1932

Virginia ©. Eskridge
Reference Librarian

Duquesne University ees ied aw
Pittsburgh, Pennsylvania 15282 4
Law Library Duquesne University

Pittsburgh, Pennsylvania 15282
(412) 434-5014

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Liberal and Professional Education in the Catholic Tradition

256 Racial Violence in Kentucky, 1865—1940

troduced that called for using the electric chair instead of the scaffold
for executions. Supporters of the bill added another feature to the law,
one clearly designed to end the rowdy behavior that occurred during
executions: “All executions of the death penalty by electrocution
shall take place within the walls of the State penitentiary, ... and
such inclosures as will exclude public view thereof.” This bill, which
had the support of Governor Willson, was signed into law on March
20, I910.°

Eventually, however, the practice of hanging condemned rapists in
the county where they had been tried and convicted was reinstituted
in Kentucky. In an attempt to have Will Lockett quickly convicted
and returned to state prison, Lexington officials decided to indict him
only with the murder of Geneva Hardman, even though evidence ex-
isted that she had been sexually assaulted as well. Although elated
that “justice” had been meted out to Lockett, a number of Lexington
whites expressed a belief that the electric chair was much too hu-
mane for such a heinous crime, that Lockett should have been made
to suffer by dying at the end of a rope.* Quickly responding to these
intense feelings, lawmakers amended the death penalty law, adding a
feature that was clearly designed to appeal to the will of the mob:
“Except in cases where the accused has been adjudged to suffer a
death sentence for the crime of rape or attempted rape, in which event
sentence shall be executed by hanging the condemned in the county
in which the crime was committed, that such an execution shall be
within an enclosure to be provided by the county and admittance to
said enclosure be limited to 100 persons.”’”

In clear defiance of this provision to limit the number of people
witnessing a hanging, white authorities returned to executing Afro-
Americans in front of huge, boisterous crowds numbering in the
thousands. In June, 1932, Sam Jennings was executed in Hardinsburg
for the alleged attack of a white woman. According to a black news-
paper, “The hanging of the colored man. . . attracted such a throng of
men, women, and children as might have caused P. T. Barnum of
circus fame to hide his face in shame. It took Jennings seventeen

5. Acts of the General Assembly of the Commonwealth of Kentucky (Louisville, “¥
1910), 111-13; newsclip from the Willson Collection.

6. See, for example, the Lexington Herald and Leader for March, 1920.

7. Acts of the General Assembly Commonwealth of Kentucky, 1920 (Louisville,
1921), 693-94.

Color-Coded Justice 257

minutes to die, to the delight of the crowd who enjoyed every second
of the event.” The public hanging of Rainey Bethea in Owensboro on
August 14, 1936, hastened the end of the practice. Two months ear-
lier, the body of Mrs. Elza Edward had been found in her apartment.
The woman had been raped and her apartment burglarized. Found
among Edward’s possessions was a ring that a police officer recog-
nized as the type made by prisoners in Eddyville. That led police to
Rainey Bethea, a former convict, who confessed to the murder and as-
sault and told the police where they could recover the woman’s miss-
ing items. At his trial in Owensboro, the jury deliberated less than
five minutes before sentencing him to death by hanging.®

Adding interest to Bethea’s execution was the possibility that
the hanging would be carried out by a woman sheriff who had been
appointed to serve the remaining term of her deceased husband. Al-
though expressing a strong desire to see Bethea die, Florence Thomp-
son decided not to perform the chore. No matter. As the city’s histo-
rian noted, thousands of people came to Owensboro by horseback,
automobiles, excursion trains and buses, and even airplanes during
the days leading up to the execution. The Chicago Tribune made
much of the fact that many of the people coming were “women with
babes in arms.” The usual vendors arrived in Owensboro to profit
from the black man’s impending execution. Many citizens held “hang-
ing parties,” inviting out-of-town friends to Owensboro. Others held
impromptu barbecues and engaged in sporting activities. Some twenty
thousand people attended the hanging even though it took place at
5:30 in the morning. (The story in the New York Times said thou-
sands of white people, “some jeering and others festive, saw a prayer-
ful black man put to death on Daviess County’s pit and gallows.”) Na-
tional newspaper accounts (which carried every detail for the folks
back home) depicted the people at the hanging as being uncivilized.
They told of how people rushed to the gallows to rip off Bethea’s

8. Louisville Leader, June 25, 1932. For an excellent account of the Bethea case, see
Lee A. Dew, “The Hanging of Rainey Bethea,” Daviess County Historical Quarterly, I
(July, 1984), 51-59. The Owensboro Public Library has several sources and newsclips
on Bethea. See, for example, “Executive Order from Governor Keen Johnson to Owens-
boro Sheriff,” setting the date of execution. From August 14 to 16, 1936, nearly every
major newspaper in the country carried stories and pictures of the hanging. See also the
Lexington Herald-Leader of August 14, 1986, which did a story entitled “Public hang-
ing 50 years ago bad memory in Owensboro.”


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JBNNINGS ¥. COMMONWEALTH

Ky 279

40 8.3V.(2d)

hare had some interest with the appellant)
in April, 1928, and, although under the con-
tract the appellee had until July 1, 1928, to
get the logs to Maloney, he did nothing fur-
ther after December, 1927, except to request
the measurement and branding of the logs.

The company relied on the written contracts
with Deaton and Reynolds Brothers, insisting
that the tram road was to be completed and
logs placed at the road by November ist. Its
agent testified that the company was at ail
times ready and willing to measure and brand
the logs, but the appellee did not have them
ready. It did not comply with Deaton’s re-
quest to do so after the road had been com-
pleted, as the time had expired the previous
November. It had notified the plaintiff of the
cancellation of the contract because of non-
eomplinnce with its terms.

{2-4] The impression to be gathered from
the evidence is that Denton was not famillar
with the terms of his contract, and that his
-actlons were governed by what he understood
the agreement to be without having referred
to its specific stipulations. The case was sub-
mitted to the jury upon that theory, which
was erroneous. Vanzant Lumber Co. v. Hop-
‘kins, 238 Ky. 179, 37 S.W.(2d) 37. Under ‘the
‘pleadings and the evidence, the court should
bare directed a verdict for the defendant.
Every other question is reserved. Upon an-
other trial, if the pleadings are amended and
‘tthe evidence fs conflicting, the court should
construe the contract and submit to the jury
the question of fact as to who breached it.
The opinion of Collins v. Swan-Day Lumber
Co., 158 Ky. 231, 164 S. W. 813, will be of as-
sistance. ,

The judgment is reversed for consistent pro
ceedings,

: \

.*

JENNINGS v. COMMONWEALTH.

, Court of Appenls of Kentucky.
; -’ ‘June 16, 1931.

§, Jury €72(1). wots

Court was authorized by statute In dl-
recting sheriff to summon qualified bystand-
ers to complete jury when regular panel be-
came exhausted (Ky. St. § 2247).

2. Criminal law €>1134(5).
Statute precluded review of trial court’s
action in directing sheriff to summon bystand-
erg to complete jury (Cr. Code Prac. § 281;
Ky. St. § 2247). -
_>* Or. Code Prac. § 281, provides that the

‘ decisions of the court upon challenges to
... the panel, and for cause, or upon motions

to set aside an indictment, shall not

be
subject to exception.

3. Rape G=5!I(1).

Frildence sufficiently supported convie-
tion for rape.

4. Criminal law ©=741(1), 742(1).

Witnesses’ credibility, and weight to be
given thelr evidence, are peculiarly for jury. -

5. Criminal law €1159(2).

Court of Appeals cannot disturb jury’s
verdict of conviction, unless verdict is so
flagrantly against welght of evidence as to
shock conscience and to compel conclusion
that it resnited from passion and prejudice.

Appeal from Circuit Court, Breckenridge
County. ;

Sam Jennings was convicted of rape, and he
appeals. :

Aflirmed.

Allen R. Kincheloe and Jesse R. Eskridge, °
both of Hardinsburg, for appellant.

J. W. Cammack, Atty. Gen., and J. M. Gil-
bert, Asst. Atty. Gen., for the Commonwealth,

CREAL, C. .

Sam Jennings, a negro, was indicted, tried,
and convicted in the. Breckenridge circuit
court for the crime of rape, and by verdict
of the jury and judgment of the court his
punishment was fixed at death. He has ap- .
pealed, and the grounds relied on for reversal
are: (1) That the court erred In directing the
sheriff to summon bystanders to complete the
jury when the regular panel had been ex-
hausted; (2) that the verdict is flagrantly
against the welght of the evidence.

[1,2] Out of the regular panel, six jurymen
qualified and were accepted. Counsel for ap -
pellant then moved the court to draw from
the jury wheel a Ist sufficient to complete
the jury, but the court overruled this motion
and directed the sheriff to summon bystand-
ers who possessed the necessary qualifica-
tions as prescribed by statute to complete
the jury. ;

Section 2247, Ky. Statutes, In part provides:
“Tf, In any criminal or penal cause or pro-
ceeding called for trial, the panel shall be ex-
hausted by challenge, the judge may supply
such jurors by drawing from the drum or
wheel case, or may direct the sheriff to sum-
mon for the trial of that cause any number
of bystanders or persons to fill such vacan-
cies.” : Ee ae, age

In the case of Leadingham v. Common-
wealth, 182 Ky. 291, 206 S. W. 483, 484, the
court after referring to that part of section
2247, Ky. Statutes, above quoted, said: “In-

G=Fer other cases see same topic and KEY-NUMBER in all. Key-Numbered Digests and Indexes": *°

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KENTUCKY DECISIONS

IN

VOL. 12, SOUTHWESTERN REPORTER

Hunt 0..COMMONWEALTH.
(Court of Appeals of Kentucky. Oct. 1, 1889.)

CRIMINAL Law—AppPraL—REVIEW—NEw TRIAL.

1, On a trial for murder, objections that the
jury were allowed to separate during the trial. ar
that after they were sworn they visited the loch.-
ity of the alleged murder without any order of
court, and in the absence of the prisoner and his
counsel, where made for the first time after ver-
dict, cannot, under Carroll’s Code Ky. § 281, be
considered by the court of appeals.

2. Where affidavits in support of a motion for
4 new trial are opposed by affidavits denying the
grounds relied on, the trial judge, after making
full inquiry as to the truth of such grounds, can-
not be held to have abused his discretion in over-
ruling such motion.

Appeal from circuit court, Bourbon coun-
ty; J. R. Morron, J udge.

“Not to be officially reported.”

T. C. Lyng and Wm. Purnell, for appel-

lant. P. W. Hardin, Atty. Gen., for the
Common wealth.

Pryor, J. This appeal is from a judg-
ment imposing the death penalty on the ac-
cused for the murder of one Abner. Upon a
careful consideration of this record, we find
no error to the prejudice of the accused, and
in fact no question has been raised by coun-
sel that would require a reversal, if the er-
rors relied on were found in the record. We
are prompted to respond to the arguments of
counsel for the reason only of the severity of
the punishment inflicted upon his client, and
- eg interest he has manifested in his

ialf.

One of the grounds for a new trial relied

permitted the jury to separate after the case
had been submitted, or during the progress
of the trial. Another, that the jury, or a
part of them, had, after they were accepted
and sworn, viewed the ground or locality in
which the murder is alleged to have been
committed, without any order of court, and
in the absence of the prisoner and his coun-
sel. This court has repeatedly held that the
decision of the court below, overruling a mo-
tion for a new trial, was not the subject of
an exception, if made for the first time after
the verdict, and only on the motion for a new
trial. Such exceptions as are available are
made, and required to be made, during the
progress of the trial; and causes arising after

the verdict, or that were not excepted to -

during the trial, may be heard by the trial
court, but cannot be considered by this court,
as provided by section 281, Carroll’s Code.
The objection to a juror for want of statutory
qualification, an error in not keeping the
jury together, and other like objections that
are made for the first time after verdict, are
errors over which the trial court is supreme,
and their consideration is taken from this
court by the section of the Code cited, Besides,
if this court could revise such errors, itis ap-
parent from this record that the errors com-
plained of, and supported by certain affida-
vits, did not really exist. Counter-affidavits
were filed of the sheriffs in charge of the
jury, and of several of the jurors, who state
that they did not view the gro.nd or prem.
ises where the killing took place, and that ne
separation of the jury took place; that the jue

60 in the court below was that the sheriff had
Ky.Deo.(11-15 S.W.)—17

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HUFFNER, George, white, hanged at Louisville, Kentucky, on February 1, 1856,

"George Huffner, alias Bennett, was executed at Louisville on Feb, 1, for the mrder of
Thos, Mullen. Five thousand persons assembled to witness the scene, The scaffold was
erected at the intersection of Broadway and 18th Street.

"Capt. Megowan, theSheriff, adjusted the fatal noose, after covering the victim's eyes with
a cape He then bade farewell to the minister and officeks around him, and he earnestly
asked if there was anyone around who 'believed he was innocent,' The response, 'I do,’

was heard, and just then the drop fell and all was over. His neck, it was thought, was
broken on the instant, as but one spasmodic contraction of the body was seen, and no more,
He hung about 15 minutes when the Sheriff cut the cord and the body was placed in a coffin
for interment, Just at that moment a woman, almost wild with excithment, forced her way to
the foot of the scaffold, begging for the Sheriff to send the body to his unfortunate wife,
who was almost crazy with grief and despair. ‘The wish was complied with, and the body was
sent to her for burial,

"Inconversation yesterday afternoon with our esteemed friend, Rev. Samuel L. Adams, Benn-=
ett's spiritual adviser, we learned many facts and incidents concerning the unfortunate man,
someef which will doubtless prove interesting to our readers, His real name was George
Huffner and he was born in Germany. He came to this country whm a small child, and his
parents located at St. Louis, There they soon died, He indistinctly recollected the death
of his mother, and of her burial, but was so young at the time that the occurrence appeared
as a dream. He was taken to the Platte country, and his sister and two brothers were placed
in an orphan asylum or disposed of otherwise. Previous to the year 187, he left the
Platte country, and coming to St, Louis, made inquiries for his brothers, one of whom he
ascertained lived in Illinois, not far distant, and whom he saw. He early commenced a life
of crime, but on coming to Louisville during the great flood in 187 he determined to re-
form and learn a trade, He then passed under the assumed name of John Gay. He commenced
to learn thetinning trade, hear the corner of Fourth and Main streets, worked two weeks,
when he engaged in a gameof cards on Sunday with some of the apprentices, He was beat and
had his face blacked, and adifficulty arising resulted in a fight. The matter was brought
before the employer therext day, and as it was the first difficulty of the kind in the
shop, all the blame was placed on Bennett's shoulders, and he was promptly discharged, He
then resumed his old trade of picking pockets, which he has been plying industriously ever
since,

"Bennett was a shrewd man, possessed with a strong mind, but his education was neglected =
he being enly able to read and write, He says hemdeit a principle all his life to only
steal money in order that he might escape detection, He violated this rule only twice -
the Last time to satisfy McCartney who urged that poor Mullen's watch be taken,

"He acknowledges having perpetrated numerous thefts and burglaries, but says he never de=-
signed to take blood, and to thelast moment most solemnly asservated that he was innocent
of the murder of Mullens = and we areinclined to believe, from all of the attending circum-
stances, that his statement is true.

"The interview with his wife and child before going to the place of execution was deeply
affectings His wife is left entirely destitute, and, with a child of 20 months in her
arms, is again on the eve of confinement. We are glad to hear her case has enlisted the
sympathies of the benevolent, Alderman Burton collected quite a handsome sum for her in
his neighborhood.

"In the following lines left by Bennett, a tender and eloquent referenceis made to a
mother's Lovet 'I am in hopes that the people of Louisville and the world will find out
some=day that I am innocent of the murder of Thomas Mullen, I thank God I am innocent of
his death, My real name is not Bennett, but George Huffner, I was born in Germany and
brought to this country by my parents when very small, and they settled in Missouri,

My father died first and I cannot remember my mother's appe arance, yet have some recollec=
tion of her death, I have one sister and two brothers, My sister is the oldest and 1 am
next to her, I forgive all my enemies, and am sorry for all my crimes, I think if I had
had the influence of a mother's love I would not have been heres I hope that any whom I
have harmed to forgive me. Jan. 31, 1856. (S) George Kuffner,

"The following lines which he stated were his own composition, were handed to him by Mr,
Adams, ‘They are written in a poor but plain hand: 'Man in his foolish pride proposes

Of the future as the past/But God in His wisdom still disposes, /Confounding all his sins

at last. (S) George Huffner," TIMES, New York City, 2/8/1856 (1-6).

mee" day of May, 1905

98 SOUTHWESTERN REPORTER. (Ky.
333 Ky.) LEXINGTON & CARTER COUNTY MIN. CO. v. COLUMBIA F. & T. CO. 2
: BARKER, J. Th ppellant, Ben Huffa- | and not relied upon one who had only heard irect, and
: ker, was serving n Giceentene in the penl- | that these threats had been made. . << pa ing t pcr ger ad ° hee get court. Certified copies of the deed of trust
, teptiary at Eddyvill@ 3Y., for the crime of It Is insisted by counsel that, inasmuch ; court,” the county court of the ty where the and orders made in the Fayette county court jit
% cominitted in Pulask! county. On | as the defendant was already under a life smignee outliers ane = re the business a also coples of all orders pertaining to the nT
with a knife he | sentence by the judgment of one court of of the pein oe por 8 4 to order a sale | said trust made In the Carter county court Lift
: are filed with plaintiff's reply to the answer. if
hi

R shorleyy to death. | competent jurisdiction, he could not be tried

|
stab
¢ Mor this offense he was 7 the | or punished for any other crime, as to do 80 rye counterclaim and cross-petition of R. HE
; grand jury of Lyon county, and afterwar would annul the former Judgment. The best . McMichael, ete. and are referred to and it li
tried and convicted of the crime of wiliful | that can be said for this proposition is that the assign- 1 Hi
: murder, the penalty of de being In it does credit to the in enuity © ned e sum of $10.- lI! i
4 by the ver 0} e jury. From the judg- | counsel who were appointed by the court nes belonging to i}! [1
Z ment bused upon this verdict, he is here on | to en z S, however, as @ Se te otk ; It being of Ht
4 appeal. I@al proposition wholly untenable. If it Sk Eevemnl ae 5 all paptles that this should be tT
‘ It Is not disputed that the evidence ad- | were sound, it would result that a prisoner é the validity of Ab a, oF can be, made as to Hy
duced upon the trial overwhelmingly estab- | serving @ life sentence could murder every Falconer & Falcox€r, Theobald & Theo pack i of Ahe assignee’s debt. After ill
3 lished the appellant’s guilt of the offense | one In the penitentiary without being amen- and Thos. R. BrgWn, for appellants. > g made sfveral orders for the sale of Hit
. * | able to the law. No authority Is produced, & Baskin and & B. Wilhoit, for the mining prperty as a whole, without bav- Wi
with which he stood charged; but it is com y is p ing secured afbid " Wea
plained that the court erred in refusing to | or, in our opinion, can be produced, to up- J. The prim question in- | Carter coun pate : ee ome, Oe Hy
nilow the affidavit filed by him for a con- hold so monstrous & conclusion, and it car- volved ip“this record is a¢hether the county ini sinde saeiiek whee e “ge of March, ie
tinuance to be read as evidence upon the trial ries with it its own refutation. On the other court Carter cou or the county prin. 8 property to take Bi yo — whole ii! {it
of the case. In this affidavit the defendant hand, abundant authority can be cited to of Fayette coun md jurisdiction to order ’ “ a “x h day of uti!
set forth that he was not ready for trial, | uphold the judgment of the trial court. In the sale of thg“Assigned estate of the Insol- mer a “1 sivertivement Hava f
and desired a continuance because of the ab- the case of People v. Majors, 65 Cal. 138, & vent corpo’ on, Lexington & Carter Genets Saat 'e , aus of sale. No | j
sence of a witness who would testify to Pac. 597, 52 Am. Rep. 295, it Is said: “A pany. If the Carter county court y this last opder, and hi e
wertain facts if be were present. The com- | PThO™ 20 be tried for murder, though be {sdiction, the judgment of the Carter ap Prnag el i ;

es be

is at the time under sentence of life im- mit court must be affirmed; if the Fayette ‘operty was sold to the assjefee at the sale i

prisonment for another offense.” In the case
of Brown v. State (Tex. Cr. App.) 95 8. W.

monwealth’s attorney consented that the af-
fidavit should be read as a deposition, sub-
ject to exception for competency and rele-

must be reversed.

é 1039, the Supreme Court of Texas said, on
vancy, whereupon the court overruled the J ‘ . The Lexington & Carter Coun inin
motion for a continuance. When the affi- the question before us: “We have not been Company was a corporation ; - ‘iia Ae d a deed made to .
cited to any authority, nor are we aware of Li y the gn) € 8, the assignee, hav- i a
ese Eg _— ve = pees Soll ne any provision of law, statutory or otherwise ~_ of the state of Kentucky sefving Its resi- | Ing learned that Yerappellants were questior 7
fused to permit it to ntroduced, on the ’ ° . lence and principal office sington, B ing its titl .
ground that the statements which It al- that would prevent bow trial - — coming insolvent, it, one the ee om = ek oe to ” —, beg sea hag | i
leged the absent witness would make, if > — epee 3 al si a vs pol April, 1896, made a of assignment of all | cult co r the purpose of quieting its title, [:
present, were merely hearsay evidence, and | © wo —_— ih 7 “ as . vor = of its property e Columbia Finance & | an for the purpose of soeiain its ac- ie
therefore, of course, incompetent. ‘The ab- a Laurer . sf pn aes second Trust Compan Louisville, Ky. This cor- nts as assignee of the insolvent aire: i ;
r. & poration a the trust, and had the d tion. Upon final submission the court ad- i

fe clerk’s office of the Fa
and qualified there

e | judged that the appellee (assignee) obtained
a valid title to the property at the sale had,
g excerpt | and from this judgment this appeg) 1s prose-
ich was af- | cuted.

sent witness was a guard, one Daniel Miller.
sent We aT the aMmORTTE wil ity, or an express statute, to show that the tad
itentiary could not

show what was expected to be proved by person confined in the peu
him: “He says if said Miller were present be tried and punished for the homicide of

he would testify, and it is true, material, | ne of bis fellow convicts.” To the same

4 Ind. 87;
and important, that he was guard in charge, effect is Kennedy Vv. Howard, 7 ’ vely admitted to be tpffe by the rejoin-
as aforesaid, down to the time of the killing; Ex Lae" bee Doo ares bag pee v. a cori fiscal a bod yore hepa betas age pee te judg
that deceased had been reported to him for T Utah, 378, ac. » aD n vy. Com- tiff (Columbia Fin & Trust Company) ersed depends
monwealth, 21 Grat. (Va.) 790. alain Chik ain thie pany) | upon the question of Afie urisdiction of the

d declaring his pur-

OE aa mo an ating No complaint is made as to the instrue- eS — unty co order the sale at
. b rt, other error than nomen ‘fame the purchase

his "work place and golng to defendant's | tions of the court, nor is any ig st was executed, the sald min- ec. itis : aie ee

hose already disposed of pointed out.
stand for the purpose of threatening him t
with violence; that defendant himself naa} '* a the —. of tho trial
so reported to him; and that he, sald Miller, | Court must De & rmed, an so orde:

had forbidden, under penalty, the deceased ——s
from threatening to assault, or insulting, de (124 Ky. 119)
fendant, and from leaving his work place, LEXINGTON & CARTER COUNTY MIN-
and going to defendant's stand for the pur- ING CO. et al. v. COLUMBIA FI-
pose of menacing him for any purpose. NANCD & TRUST CO.

ee 68” «©The court correctly excluded the (Court of Appeals of Kentucky. Dec. 14,

affidavit. The fact that the deceased, B. | ASSIGNMENTS FOR BENEFIT AF

SaLE BY ASSIGNEE—OBREB bart u- of ie Eee eee
Sherley, had been reported to Miller as hav- RISDICTION, corded therein; that 9

ing threatened the defendant did not show 1896, the plaintit, Me
Under Ky. St. 1 “ providing that

isdictig# to aw
e of Kentucky, and also had another office tion 87, 2% < gg ary
for the transaction of its business in Garter egulates e sale of assigned property by
county, state of Kentucky, and its pfopers the assignee, is as follows: “Personal p-
“ far- | erty conveyed shall be sold by the s&signee
patsy sey that on the £5tp-t at private or public sale, as the“court <a
: ; , said assignment 4 : direct; and the assignee have power
as filed for record In the é of the clerk | to pass title to the sa

that he had made the threats reported, nor | an assignor for cre shall file his schedule In the Fayette fty court and filed the oath | a

dia the fact thet ie ee a eal iy j oa of a shall be required by Jx® therein, and said oath and od cust =i Pesce Por se vantaser
decensed, under penalty, from threatening | pocorded i k's office of the coun- bond were/y order of said Fayette county have the right to pa (Sh and the as-
to assault or Insult the defendant cast any | ty where resides, and where the court gefly approved, by all of which the ignee to accept cash ‘Aayment of the pur-
light upon the issue being tried. If the de- | busine’ the same is carried on, plaigtff duly qualified as the assignee chase price at an. fh sale), and the cet

Stee under the assignment or deed

pete April 16, 1896. On the 20
pril, 1896, said deed of trust wag“also lodged | and the i

guee shall have power to conve

for record and recorded in the Carter county | and pass all the right and title to the ste

fendant desired to show that the decensed | #nd
pare’ thereof conveyed by the deed is situat
threatened or insulted him, he should have | ang section 87, Dooviding that propert |
produced the witnesses who knew the facts, | be sold by the assignee as “the court shall

a  —Fae —_ °

pease

PT
s 330 98 SOUTHWESTERN REPORTER. (Ky. ( |
‘ Ky.) HUFFAKER v. COMMONWEALTH. _

- where the HENDRICK et al. v. MILLER.

deed was executed more t 10 years be- | (Court of Appeals of Kentucky. Dec. 14, 1906.) of George [Hurt to qualify as by law required, | not arbitrarily refuse to receive the certificate

appointed Balis Ritchie as trustee for the | of qualification of a trustee-el
m Circuit Court, Breckinridge remainder of the term. On June 21, 1906, | to fill a vacancy. In the ans ao oe

7
A

time the plaintiff way%of full age

day, Balls Ritchie and Joseph Hall appoin trustee-elect more than elg
Joseph Ritchie teacher for thé districj“and qualify. He failed to do so y
‘he took charge of the school, A
to teach, excluding Goodloe :
‘position of teacher. Théreyfion Lorenzy of June, 1906, and to
Smith, George Hurt, and Gg6dloe Combs in- | pointed out in the stat

Mercer & Mercer, for appellants. Murray
& Murray, for appellee.

t months to
within the time
hen had a right

1 '
case of McRoberts yCarneal (Ky.)/44 8. W. eorge Hurt undertook to qualify, as trus- | time the superinten ii ae
442, this court : “While this gourt looks — = — bs. psec and others tee before a magistrate of Knott cofinty, and, | vacancy, Se temas 08 adie yours it A
with extreme“iisfavor upon pyrchases by “= Pegs on July 2, 1906, he and Lorenzy/Smith ap- | fied, and the superintendent had } i] ee
their cestuis que/trustent, lp gainst Mathias Miller. a are 4 = pointed Goodloe Combs as teacfer for the cate of that fact in his caaedhar a ak l if
y fendant, and plaintiffs appeal. rmed. term heretofore mentioned. Qh the samg/| case is presented here, ‘be 3 oie i i F is
3
} a

LASSING, J. The facts in this
identical with the facts in the ¢

when Bowler finally anf dg 2, i
the claim of appellagt And asserted title In | cided) 98 8. W. 326, except ‘at the date of stituted this action in thgA#Knott circult court The office of trustfe of péblic schools is HF
bimself, The limit4sfon to actions of this | the conveyance in this pase was December to enjoin Balls Ritchje/Joseph Hall, Robert | a most responsible d it is important i!

character is five y, Ars.” Under the rule laid | 16, 1893, instead of

(lown in the autyfrities cited, the cause of ac- | the consideration 1p4100 instead of $240. Combs of the on of teacher in the | time comes for ection of teachers who |
tion accruedAy once to appellant upon the On the authgrfty of the case of Jolly v- district for tee / for which he had been | are to instruct #fe youth of the district for i
execution dy Jim of the deed to his uncle | Miller, this cage is now affirmed. elected. 4AGeneral/demurrer was filed by the | which they pafe been selected. In the case Hi y3
MathigeMillgr. defendgatts @ petition, and sustained s, Af laches of the trustee-elect was | i
Sellant/had on right or claim to an ac ‘by xt ylereupon the plaintiffs de- pfreh¢nsible, and we think the super- |

counting uytil he could succeed in having the MITH et al. v. RITCHIE et al. further, and their petition | inte cted entirely within the discre- 3
sale of hig interest In his uncle's estate set ‘urt of Appeals of Kentucky. Dec. 14, 1906.) ; on given by the statute in considering the ‘
aside as /a fraudulent transaction. By the ¥gouoors aND ScHoon DisTRicts—FAtLugE OF »/ several very interesting ques-foffice vacant and In appointing a trustee to ! f
terms of his deed by had parted ye wh 7eee TO QUALIFY — APPOINTMENT BY tions yar ~. the os and discus; fill the vacancy. This being true, Goodloe '
ever interest he had In the estate of his UPERINTEN DENT. s of counsel. The first o Combs was not lawfully elected teacher, and
James Miller, both real and perso if _Untet By. oS oes 6 oe. George Hurt was the la therefore cannot complain that another Is

tee at the time Goodloe Combs filllng the position which he desired. This

long as that deed stands uncance
Linding contract upon appella

teacher. If he was not, then appointment | conclusion obviates the necessity of consider-

j estopped from claiming or agé@erting any in- | him a certificate t at h was vold, and his title ed, as Lorenzy | ing th ] }
| another officer, the count ; g the several other interesting questions dis- a.
| terest in the erate of heed wan procured declare hw piace vacant, and Soe eet D0 SD ee cain tact | Tas sokseent of 2 |
ment, the superintendent ma alleg n the petition that The judgment of th
fhrough fraud and deCeption{ practiced upon | deem the office of trustie UPite ‘Hurt was electeg/fo the office of trustee in appellants” ova “7 pian dismissing |
him by his uncle, is agent, and In ge MN yr October, 1905, bit did not qualify until June ;
whom he had at confideyce. For wrongs | jn the eight months much of section 4436, Ky. St. —— i
! of this cha x the law faffords adequate June Ist — sev i “ap ae the cg Se pertinent to the question in hand, (124 Ky. 115)
relief if op€ feeling hi f aggrieved does | ten ent’s office, an m absent; he hav- lows: “If a trustee-elect shall fall
; not “sleef too long upoy his rights.” The ing Fo! —_ > = Bippweig any officer au- to afiality before the county superintendent SOREAEBRE COMMONWEALTS.
stat Bt, 1003) says that |" (iod. Note-esf cases in point. oe Cent. Dig.  ickie te Pat OS dem Bing | Oe 1906.)
the ‘extreme limit of this delay may be 10 | yol. 43, 8 @ and School Districts, §§ 12:- his election, or file with him a certificate L CrumnaL Law—Evipence—Heansar—Ar- :
years, and that, after te lapse of that leng*h | 129.) ‘that he has qualified before another officer, sg pe no ag caller ori P i
| of time, no action cag be successfully maln- from Circult Court, Knott County it aball be within the dlecretion of the county | tion fer murder of @ fellow convict eee
. convi on the
{ tained for such reuef, The wrong complain- “ to be officially reported.” superintendent to declayé his place vacant, und of absence of a witness, alles that, :
ed of, if any, wag done on February 20, ion by Lorenzy Smith and others and to fill same by a Clearly, | if such witness were present, he would testify I
1892. Appellant failed to complain until inst Balls Ritchie and others for injun «under the provision of éhis state, the super- ~_ he rind gnent i. c ret: that deceased had }
the 26th of Apri 19~, more than 12 yea intendent of school een repo m for threatening, and de i
fter the date of the alleged wrong. Appél- tion. Judgment for defendants, Plalp#fite ools right, on the | claring his purpose to assault, defendant; that t
a g. appeal. Affirmed. 1st day of June, 1906, tp%consider that the | defendant had so reported, and that witness had : :
lee responds if his answer to the o office of trustee w nt by reason of the forbidden deceased from threatening to assault 2
petition, and,/in addition to traversing the Smith & Combs, for appellants, failure of Hurt lity. We do not think defendant, etc. Held, that such affidavit was ;
allegations the petition, ple and re the fact that plied ot don alas ot Us ray | a Lager evidence, the statements ‘
lies upon tHe statute of Iimitptions in such BARKER, J. This litiggsfon involves the : seperlatentie Ce eeenel we e _ adie enn _— ; witnesses would make being :
cases madé and provided. An this answer question as to which of contending teach- | url 8 several times Bd. X _F : ;
uring theAlght months elapsing between . Note.—For cases in point, see Cent. Dig. :
the quesjion is squarely” raised, and ap- | ers had the lawful ri to conduct the pub- the tine Afe was elected and the 1st d vol. 14, Criminal Law, § 1345,] t
pellant joined issue feon. This traverse | lic school in distrjef No. 41, Knott county, June, and found th ; ; —— 2 Samz—OrFFenses BY Convict—P
of the pjea of the stgf6te of limitation Is bad; | Ky., for the terprof six months commencing chine? atictts: ths vd Ro ges ntendent | © Sent. —
ny valid excuse for The fact that one convicted of murder is }

defense to the plea. The | the 8d day o uly, 1906. There were three
e district. The title of neither
mith nor Joseph Hall was in dis-
he question at bar, as we see it,
primarily upon whether George Hurt

sta of limitations cannot be reached by Balis Ritchie was the third trustee.
demurrer. But, as the reply to the pleaf George Hurt was elected trustee at the
of the statute of limitations was bad, October election, 1905. He failed to qualif’:
court should have, on the pleadings a | before June 21, 1906. On June 13,
whole, rendered the judgment which He did, | Robert Martin, the superintendent o

it Inte es no r
court ¢ghould hg#e overruled the demurrer to | trustees 1
the petition gf amended, as this court has re- | Lorenz
cently, inAhe case of Swinebroad et al. v.
al. (Ky.) 97 8. W. 25, held that the

alifying. The law did not uire | serving a sentence of life imprisonment does

mt. He | not prevent his being tried and sentenced to be

4 the right to qualify beforg“any officer ar Ag the murder of a fellow convict.
uthorized to administer an gxth, and he had wd tk a oat Cent. Dig.
. 15, nal . 300, 3

ample time so to do.
at the time Balis Rigéhie was appointed, Appeal from Circuit cour Lyon) jounty.

and did not do so ypefil several weeks after: “To be officially reported.”
wards. The ca f Shelbourne v. Blatter- Ben Huffaker wg prrvtated ot (murder, )
or appe

man, 49 8. W,452, 20 Ky. Law Rep. 1730, and he appeals. °

and dismissed the petition. schools for Knott county, deemin bel not antgfonistic to the conclusion we N. W. Utley, ant. N. B. Hays, Hs c
The judgment is affirmed. of trustee vacant by reason of the failure: pa reac on this subject. It was there | Atty. Gen., Ohas. H. Morris, and Morris & i) 2
that the school superintendent could | South, for the Commonwealth. pe #

* - rf » q , (?
LO6T *ST LaBnaqey ‘Ayonquey feTTTAAppg pesusy fyoeTqQ fueg * yxy VAANH

PR\SOMeR UNAAR WFQ [SAOPTEILKMQ Kraus Ateniny \ na 2-\S-O 7 ww Eooyuihe


ucky a gun's
llow.”’

d, chuckling.
“Say! That
aise Chickens
nember that
then to put
pples under
set on any-

ht be a good
d dubiously.
“Even if a
v a gun, she
ey probably
lace this size,
‘p some hens

f a henhouse
e hens, com-
nests. They
/wsy surprise.
law-enforcé-
vutraged hen
nest.
‘tly, the men
1g to avoid
sturbing the
inally, utter-
1, a deputy
which some
nably hoped

rize, Crow
arrived.
Glenn,

as the

he taxi

ted with
vith the gun,

engaged the
9 bring him
itted that he
arse.
ing to make
ng killer de-
, the driver
that I told
re. Just like
the car, said
p front with
he folks. He
me pinched,
ow about my
ser to home.
at happen!”

1e made like ,

let him have

ined the gun,
from a rela-
at the ‘‘bor-
without the
rt.

yn the gun
act, coupled
ication and
-onfession,

ought to trial
r 6, 1947. Al-
-defense, the
ecommended
sentenced to
r. As his

pt and

s taken

> rest of

Journey to Death

[Continued from page 45]

“Not that I know of.”

“Then you think he followed Pearl
Bryan to Cincinnati?”

“I don’t know where he went, but I
know he sent a telegram to Cincinnati
about three days before Pearl left here.”

“Have you a copy of it?”

Early hesitated, said: “We're not sup-
posed to show telegrams, but since you
men are detectives I suppose it’s all
right.”

He went to a sheaf of telegrams on
his desk, thumbed them, picked one out,
and handed it to Detective Crim who
read:

Scott Jackson
222 West 9th Street
Cincinnati, Ohio.
Pearl is coming to Cincinnati Friday
night.
Will Woods.

“Who is Scott Jackson?” Crim ques-
tioned.

Early shook his head. “I think he was
in Greencastle some months ago. I have
heard that he once lived here when his
brother-in-law was a professor at DePauw
University.”

Detective Crim folded the duplicate
telegram and slipped it in his pocket.
“You haven't any other telegrams that
might interest us?” he asked.

“No, that’s all I have.” The detectives
left.

At the Woods home, the two detectives
were informed that Will Woods was in
South Bend, Indiana, and wouldn't be
back to Greencastle soon as he was study-
ing dentistry. Making inquiries about
Scott Jackson, Detectives Crim and Mc-
Dermott were told that he had lived in
Greencastle with his uncle some five or
six years before. When the question
whether or not he knew Pearl Bryan was
asked, the two officers got negative re-
plies. The acquaintances of Scott Jackson
said that when he lived in Greencastle,
Pearl wasn’t much more than a little girl
and he probably had never met her.

The acquaintances spoke highly of
Jackson and all seemed to know his back-
ground intimately. It was interesting. His
father had been a sea captain.and had
lived in Wiscasset, Maine, where Scott
had been. born. He had made fourteen
crossings with his father and had at-
tended school in Paris. His mother, Mary
Jackson, was a well known writer on
child psychology. After his father’s death,
she had lived in New York City where
she attained some prominence socially.
She had moved to Greencastle where her
son-in-law taught in the college. From
here, Jackson had gone to Indianapolis
to study dentistry and then had gone
to Cincinnati to take an advanced

course.

Detective Crim contacted Chief Deitsch
and gave him the information about
Jackson. Then Crim and McDermott left
for South Bend to question young
Woods. On arriving in that city, they had

no difficulty locating Will Woods. He
was a tall, slender youth, with a thin
face that paled when the two officers con-
fronted him.

“I didn’t know why Pearl wanted to
see him,” he said. “She asked me to send
the wire and I did. I knew she was going
to Cincinnati, but I didn’t know she had
told her parents she was visiting rela-
tives in Indianapolis.”

“Did you go to Cincinnati?” Crim
asked.

Woods shook his head.

“You must have some idea why Pearl
visited Jackson?” Crim suggested.

“She didn’t visit him,” Woods hastened
to reply. “This letter will prove that.”

He handed Detective Crim a letter.
it read:

Dear Will:

I understood from your wire that
Pearl would arrive Friday night, and
accordingly I met the train. She did
not come and I met the next train.
I am puzzled by the whole affair as
I never knew the girl and have no
idea why she would want to see me.
If she has changed her mind about
coming, let me know at once.

; Scott.

Detective McDermott took the letter
and read it. “Are you sure that your wire
wasn’t a cover-up?” he asked Woods.
“Jackson apparently knew nothing
about why Pearl was going to Cincinnati
and didn’t even know her.”

Woods squirmed in his chair. “I’ve told
you everything I know,” he answered.
“Why would I cover up anything?”

“Because you were with Pearl at the
station when she left,” Detective Crim
shot back. “And when the train left, you
inquired about trains going to Cincin-
vati. We're going to have to ask you to
accompany us back to Cincinnati.”

Woods offered no objection to going
with the two officers and an hour later
the three men were on their way.

They arrived about half an hour after
Detectives Herman Little and William
Bluker, who had been assigned to find
Scott Jackson, Little and Bluker had lo-
cated Jackson and a friend, Alonzo Wall-
ing, at Ninth and Elm Streets as the two
men arrived back in Cincinnati from a
trip to Indianapolis.

Jackson was a clean-cut looking man
in his early thirties, gracious and forth-
right in his answers and attitude. He was
in Chief Deitsch’s office when the two
detectives entered to report they had
Will Woods in another room.

“Frankly, I am as much puzzled about
this whole matter of Pearl Bryan as you,”
Jackson was saying to the chief. “I did
get a wire saying she was coming. I never
knew the girl and would have had diffi-
culty picking her out at the. station if
she had arrived. But why all this ques-
tioning?”

The chief hadn't said anything about
her being murdered. “When did you see
her last?” he questioned.

“J don’t recall ever seeing her,” Jack-

_ son answered. “I was in Greencastle

several months ago visiting young Woods,
who is interested in dentistry. He talked
a great deal about her and I got the im-

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Be pretty, young girl kissed her mother, gave her an affectionate
pat on the cheek. “Stop worrying about me, Mother, I'm not a little girl
any more and this isn't the first trip I've taken to Indianapolis alone.”

Mrs. Bryan smiled. “I'll stop worrying,” she promised, “Have a good
time. But you're still very young to be traveling alone.”

Pearl picked up her suitcase, walked down from the porch to the
driveway where her younger brother was waiting to take her to the rail-
road station. “I won't be gone long,” she called back to her mother. “I'll
send you a post card as soon as 1 arrive.”

Thus did Pearl Bryan walk blithely and alone into a mystery that has
remained for many years one of the great crime classics of this country.

She was eighteen, vivacious, plump in a pleasant and attractive way.

Her eyes were blue, hair blonde with a shade toward auburn, a naturally
lovely complexion, Her father was a well-to-do farmer, prominent in
politics, living three miles out of Greencastle, Indiana. Though Pearl was
a farm girl, she was active in the younger social set of her town. She had
plenty of youthful admirers, all members of the so-called better families of
Greencastle. She dressed with excellent taste, Her personality was bright
and jolly; she was completely unsophisticated, trusted in and. confided to
everyone. Other than a few trips to Indianapolis where she visited rela-
tives, her world was Greencastle. It would be difficult to pick a less likely
victim of murder.
It was January 28th when Pearl Bryan left her home for Indianapolis.
Three days later John Hewling, who worked on the John Locke farm at
Highland Avenue and Alexandria Pike on the outskirts of Fort Thomas,
Kentucky, just across the river from Cincinnati, was perched precariously
in an apple tree, sawing away.at a dead limb.


44

The limb broke, fell toward the ground. As Hewling
watched it go down his eyes settled on something of a green
color in the underbrush not far from the orchard. Since it
was winter and there was no foliage, he took a second look.

His breath jammed hard in his throat. Was he seeing
things, or was it a woman wearing a green nightgown?

He slid down out of the tree, walked to the underbrush.
The object was the waist and legs of a woman protruding
from the brush.

He ran for the Locke farm house, several hundred yards
away. He told John Locke about the body of the woman.
The farm owner instructed Hewling to get into Newport,
the county seat, as fast as he
could and notify Colonel Fred
Locke, chief of police, a .bro-
ther to John Locke.

Chief Locke, accompanied.
by Sheriff Jule Plummer and
Coroner W. M. Tingley, re-
turned with Hewling to the
orchard. The three officers
noted that the victim had not
died without a ‘violent strug-
gle. In an area of about ten
square feet around the body
the earth was torn up badly.
The bushes had been broken;
some covered with splotches of
blood. A number of mysterious
little holes were jabbed into
the black dirt near the shoul-
ders of the body, The officers
reasoned these holes had been
made by a sharp knife.

Further evidence of a
struggle were the clothes of the
woman, scattered in all direc-
tions. The feet were bare, but
one shoe lay to the right of the
shoulder and the second one
some distance below the feet.
This second shoe had a rubber,
somewhat worn, partly pulled .
on it. A white corset with the
left shoulder strap torn away,
lay in the bushes.

Coroner Tingley pushed the
brush back from the top
part of the body, lifted the
nightgown. He exclaimed, stunned: “Good God, there isn’t
any head!”

The sheriff and Chief Locke joined him. “A neat job of
severing the head,” Coroner Tingley remarked. “There
isn’t any identification on the night dress. From the texture

of the skin, I’d say the woman isn’t even twenty. From -
y y

the appearance of the palms of the hands, she put up a
good struggle.”

The two officers looked at the hands which were cut as
if the girl, struggling against the attack, had used her bare
hands to try and fend off a sharp knifé. There were also
cuts on her shoulders; on her left side was a bruise.

Since there had been rain the day before and the earth
was soft, the officers searched for footprints. They found a
number, all too trampled to be of any value. To the north
of the orchard was an old abandoned country lane, covered
with grass. Sheriff Plummer and Chief Locke discovered
what they believed might be wagon or buggy tracks.

The sheriff deputized twenty men who were in the crowd
that had gathered near the orchard to assist in the search
for the missing head. The search covered every inch of
ground for a mile in every direction. No trace of the head
was found. ,

L. D. Poock, who owned a shoe shop at 505 Rork Street,
Newport, was among the crowd that had gathered as close

*,
a4

Detectives Jack McDermott, left, and Carl Crim
with the black hoods and ropes that were used to
hang the vicious killers of 18-year-old Pearl Bryan.

as possible to the spot where the ‘body lay. Poock was short
and fat, with a bald head and a round, cherub face. He
claimed to know more about shoes than any living person.
When he made this boast Plummer told him to examine
the victim’s shoes. Poock did and stated that they had been
made by Drew and Shelby .in Portsmouth, Ohio,

He arrived at this deduction through the numbers 22-11-
62458 which.were on the inside of the shoe. These, he ex-
plained, represented the French system of numbering shoes
and Drew and Shelby were the only manufacturers in that

art of the Middle West who used this system, The 22-11
indicated the size was 3B, an unusually small shoe. This
fact was to prove of great aid
to the officers, The 62458 was
the lot number. If the manu-
facturer were given this num-
ber, Poock added, it would be
an easy matter to trace the
shipment of this lot.

Within four days the lot
number of the shoes was traced
from the Drew and Shelby fac-
tory in Portsmouth to Green-
castle. The Cincinnati police
had entered the case and Chief
of Police Colonel Frank
Deitsch sent his two ace homi-
cide men, Detectives Carl Crim
and Jack McDermott, to
Greencastle.

Only two pairs, the detec-
tives learned, had been in-
cluded in the shoe shipment.
Mrs. Theodore Van Ness, the
wife of a lawyer, had pur-
chased one pair; Mrs. Mabel
Stanley the other. Mrs, Van
Ness was eliminated at once as
the headless victim when De-
tectives Crim and McDermott
called at her home and found
her very much alive. Then the
two detectives went to the
home of Mrs. Stanley, who
lived on a farm four miles
from Greencastle.

“I didn’t buy those shoes for
myself,” Mrs, Stanley ex-
plained. “I purchased them for
my young sister; Pearl Bryan. Pearl is gone on a visit. to
Indianapolis now, but Mother and Father are at home and
they can help you.”

Mrs. Bryan shook her head when they asked about her
daughter. “That couldn’t be Pearl,” she said. “She is visit-
ing relatives in Indianapolis. She has never been to Cincin-
nati and she knows nobody there.”

The two Cincinnati detectives had with them the night-
gown taken from the body. Detective Crim took it from a
package and showed it to the mother, All the color drained
rom Mrs. Bryan’s face. Her lips moved but no words came
from them.

“This,” Detective Crim explained, “was the nightgown
the dead girl was wearing. Do you recognize it?”

Mrs. Bryan. swayed a little, gave a soft affirmative cry,
and fainted. When she regained consciousness, after her
husband had rubbed cold water over her face, she said
weakly: “That ... is Pearl’s nightgown. Her sister made
it for her, ‘the sister that died last year. Yes... Oh God, it
is Pearl's, What has ie hig to my child?”

Detective Crim said: “You are sure about this nightgown.
It is very important that you make no mistake.”

“Yes, I am sure,” the mother sobbed.

Mr. Bryan said, hoarsely: “There could be a mistake
about the nightgown, but our daughter had web toes on

her righ
nightgo:
the heac
The |
here th
intentio
naive a
afraid t
“An ¢
“can get
Especial
way ot k
to Cinci
she wen
There
mind h«
His sug;
stranger
seemed
Howe
ting inkc
bear out
all the t
John Bi
the nigh
given of
the Indi
At th
istered u
Indiana
to the h«
that dou
The «
was nor
employe
anybody
spirits, \
to her r
a'clock |
formed |
On as
her the |
what the
breakfas
hotel. Ai
ing Cine
her alive
The n
brush on
Indiana
Whe
report o
pe pee u
been pic
From al
arrived ;
taken ca
the nam:
Why N
woman \
she had
A partia
Michael
doctor fc
at the ti
A sece
to under
stomach
dence sh:
when kil
. Thea
struggle
possibilit
before th


ay. Poock was short
d, cherub face. He
any living person.
ld him to examine
that they had been
uth, Ohio.
the numbers 22-11-
shoe. These, he ex-
of numbering shoes
nufacturers in that
: system, The 22-11
y small shoe. This
prove of great aid
ers. The 62458 was
uber. If the manu-
‘re given this num-
added, it would be
atter to trace the
f this lot.
four days the lot
the shoes was traced
rew and Shelby fac-
‘tsmouth to Green-
Cincinnati police
{ the case and Chief
Colonel Frank
t his two ace homi-
etectives Car] Crim
« McDermott, to

wo pairs, the detec-
ed, had been in-
the shoe shipment.
ore Van Ness, the
lawyer, had _pur-
‘ pair; Mrs. Mabel
e other. Mrs, Van
iminated at once-as
ss victim when De-
im and McDermott
sr home and found
uch alive. Then the
ives went to the
Mrs. Stanley, who
. farm four miles
icastle.

buy those shoes for
[rs. Stanley ex-
purchased them for
gone on a Visit to
er are at home and

*y asked about her
said. “She is visit-
ver been to Cincin-

th them the night-
rim took it from a
| the color drained
but no words came

vas the nightgown
znize it?”

oft affirmative cry,
iousness, after her
her face, she said
1. Her sister made
Yes... Oh God, it
vild?”

nut this nightgown.
mistake.”

suld be a mistake
r had web toes on

her right foot—the first two.” Detective Crim wrapped the
nightgown up slowly, looked at the father. “The body of
the headless girl had web toes on her right foot.” ;

The father fought to control his emotions. “Pearl lett
here three days ago to visit in Indianapolis. She had no
intention of going to Cincinnati. She was only a child, a
naive and unsophisticated child. She would have been
afraid to go to Cincinnati alone, It is all impossible.”

“An eighteen-year-old girl,” Detective Crim countered,
“can get into a lot of trouble when she is traveling alone.
Especially if she is naive and unsophisticated. We have no
way of knowing whom she met on the trip or why she went
to Cincinnati. ‘The only thing we know for certain is that
she went there and somebody killed her.”

There were several explanations in Detective Crim’s
mind how a girl like Pearl Bryan could get to Cincinnati.
His suggestion to the father that she may have met some
stranger, and, being young and trusting, fallen into a trap,
seemed the most logical at the time.

However, Chief Deitsch and Sheriff Plummer were get-
ting information about Pearl's trip to Cincinnati that didn’t
bear out this assumption. Detectives were sent to question
all the taxi men around the railroad station in Cincinnati.
John Belli, a taxi driver, recalled picking up a fare on
the night of January 29th.that looked like the description
given of Pearl Bryan, Belli said that he had driven her to
the Indiana House, a very reputable hotel.

At the hotel detectives learned that this girl had reg:

istered under the name of Mrs. Mabel Stanley, Greencastle,
Indiana, If there had been any doubt of the fare Belli took
to the hotel being Pear] Bryan, this fact seemed to eliminate

that doubt. Mrs. Stanley was Pearl Bryan’s married sister.

The conduct of Pearl Bryan, after she got to the hotel,
was normal and in no way suspicious, according to the
employes who remembered her. There was no record that
anybody had communicated with her. She seemed in good
spirits, was neither nervous nor frightened. She had gone

to her room early that night and hadn't left it. At nine ~

o'clock the next morning she appeared at the desk, in-
formed the clerk she was going to check out.

On asking where she might get breakfast, the clerk told
her the hotel diningroom was serving; she went in and ate
what the waitresses described as a “very hearty and ample
breakfast.” After this, she paid her bill, walked out of the
hotel. And here her trail stopped abruptly. Detectives comb-
ing Cincinnati were unable to find anybody who had seen
her alive again. oe

The next morning her body had been found under the
brush on the John Locke farm, some twenty miles from the
Indiana House Hotel.

When Detectives Crim and McDermott received thé
report of her actions in Cincinnati, the two veteran peace
close at once dismissed any theory that Pearl Bryan had
been picked up by some stranger and lured to Cincinnati.
From all the information obtained in that city, she had
arrived alone, had not been seen with anybody, and had
taken care to hide her true identity by registering under
the name of her married sister.

Why she had registered under the name of a married
woman was a puzzle. It did, however, establish the fact that
she had deliberately gone to Cincinnati for some purpose.
A partial explanation of this purpose came when Doctor
Michael Cronin, pathologist, performed the autopsy. The
doctor found that Pearl Bryan was four months’ pregnant
at the time of her death.

A second discovery made by the doctor wasn’t so easy
to understand. There was enough cocaine in the dead girl's
stomach to have rendered her unconscious, yet all the evi-
dence showed that she had been far from being unconscious
when killed,
. The cuts on her hands gave mute testimony to the violent
struggle she had put up when attacked. While there was a
possibility that these could have been received some time
before the attack, there remained the condition of .the earth

around the body, which meant that a terrific struggle had
taken place.

Sheriff Plummer’s deputies, questioning the farmers liv-
ing in the neighborhood of the orchard, talked to Mrs.
Joseph O'Brien who lived about.a half mile east. She ex-
plained that she had been awakened by her baby crying,
and when she got up to quiet the child she had heard the
wild scream of a woman. At first she wasn’t sure which
direction. the scream came from. A few minutes later she
heard the screaming again. There was no question that it
was a woman, and it was coming from the direction of the
orchard.

‘While Chief Deitsch and Sheriff Plummer struggled to
work out some logical answer to the presence of cocaine
in the stomach, and to account for the reason why she
was conscious when killed, Detectives Crim and McDermott,
in Greencastle, interested themselves primarily in the fact
that Pearl Bryan was pregnant. This was something that
would provide a motive. ‘The two officers weren't bashful in
questioning the friends of the murdered girl. But what they
learned, at first, didn’t help them any. They could find no-
body who would even suggest that Pearl Bryan was pro-
miscuous, They couldn't find any young man she had been
madly in love with.

Additional facts learned about Pearl Bryan added no
information of value, except to confirm the fact that she
was hardly a girl to become the victim of a mysterious and
sinister murder. She had graduated two years before from
the Greencastle High School where she had been an honor
student. She had the normal interest in young men, hoping
to get married, settle down and have a family. — ‘

Trying to find any connection between her and Cincin-
nati proved impossible. Her parents, shocked into a grim
silence by her death, could only shake their heads and
mutter that she knew nobody in that city, The sister, Mrs.
Stanley, also wanted-to help in every way possible but
there was nothing she could tell about why her sister went
to Cincinnati or why she had registered in the hotel under
a married name.

The two detectives, tired and discouraged from persistent
questioning of the friends and relatives of Pearl Bryan, next

went to the railroad station and talked to Station Agent’

E. A. Early, Here they got their first clue that led ulti-
mately to the solution.

Early, a slim, talkative man, said: “Pearl bought a ticket
to Indianapolis, but that doesn’t mean a thing. You have
to change there for Cincinnati. She could have bought her
ticket there for the latter city. In fact, if she wanted to fool
all of us—and she sure did—she would have done this.”

“Was she alone when she left?” Detective Crim asked.

“Her brother brought her to the station, and there was
somebody else.” The agent paused.

“Go ahead,” Crim encouraged.

“All right, here goes. Maybe my job and reputation will
go to smithereens because when you talk about the Woods
family you're inviting trouble,” Early exclaimed. “Maybe
it doesn’t mean anything, but young Will Woods was down
here waiting for her like he knew she was going to leave.
I saw them whispering together on the platform and they
both seemed serious.”

“Who is this Will Woods?” Crim asked.

“Second cousin to Pearl,” Early explained. “He seemed
mighty sweet on Pearl, even if he was her cousin.”

Crim asked: “Did he get on the train with her?”

“No, he didn’t; but when the train pulled out he came
into the office and started to ask me questions about what
time the train to Cincinnati left. I told him he must be
crazy as he had lived here all his life, and he knew there
wasn't any direct train to Cincinnati. He frowned and
walked out of the station without saying anything.”

“Has he left town?” :

“Yes, left the next day. Bought a ticket to Indianapolis.
But he could have gone to Cincinnati from there.”

“Has he returned?” [Continued on page 73]


a en ene a a

JOHNSON,

. hae e's
sd adie rg aA
f
7 5

John, black, 235,

”

sed Mt,

ADER, SUNDAY, JUNE 16. . 1895,

Sterling,

*

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a

aay tt 5% ‘

{ Tp tag &

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at

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any-

ee ST hake (ee ae a ood eo ED

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ORs. Bt.

ssociation

te Jif
Hye eed é ai : *

=. eet . act
value, $100.00
vy, Value, $100.00
Ly value, -$100.00

1 tion for Expense.

‘4 enh
x ’ be

ser Ba Fe
‘a aomt-eannually.

Bent on Killing a Few Mt.
Sterling People.

Friday Night He Fired on
Councilman Watson

And Saturday Night he Shot
Two Policemen.

One Officsr Saved by His Badge but
The Other Will Die—The Negro
Brute Receives Fatal Wounds
in His Encounter With
the Policemen.

Mr. Sreuimc, Ky., June 15.—A
Negro ran amuck here tonight, and in
consequence two policemen were shot,
one fatally.:

Five weeks ayo John Johnson, col-
orod, was released from the Frankfort
penitentiary after serving a sentence
for shooting a Negro woman several
years ago. : ——-

Henry Watson, now owner of the
Telephone Exchange and Councilman
from Ward No. 2, shot and killed
Johnson's father some years ago while
deputy policeman. -

Last night, as Watson went’ home,
some one fired two shots at him with
a shotgun, but he heard the click of
the hammer, and by jumping escaped
being killed. é .

‘It 1s now believed that Johnson was
the would-be assassin. —, os

Tonight on Locust street Johnson,
without any reason whatever, opened
fire gn Policeman Charles Evans and
Horace Lane. ° Evans was shot
through the: bowels’ and will dic.
Lane was shot directly over the heart
and was saved by his police badge.
“Evans firéd two shots, both taking
effoct -on the ‘Negro, one over the
heart and one in’ the face. ‘Tho .phy-
siclans say he, too, will die.

"Bell .& Glenn's brick cream {s the
heet and most economical desert you

THE CLICKING IVORIES.

Wich! Beats De Roode Two Games Last
Night—Last Games Monday Night.

Two games of billlards were playod
in the tournament at the Phoenix lio.
tel Jast night. Thecontestants in both
games were de Roode 125 and Wiehl
120. Wiehl won both games, the score
in tho first being Wich! 120, de Roode
87. Highest runs, de Roode 6,
Wiehl 9.

The score in the second was Welhbl
120, deRoode 108. Highest runs,
Weihl 19, deRoode 22.

On Monday night the tournament
will bo brought to a close when Wethbl,
120, and Shelby, 100, will play two
games to settle the championship.

Have yon seen the new ‘Platino”
photographs now being made by Mul-
len, the photographer. ‘They are tho

erfection of photograpy, possessing
all the beauty of the finest engraving
and the softness and delicacy of the
best photographs. ‘They are the rage
in the Eastern cities and command
the highest prices there of all photo-
graphs. Mr. Mullen in order to In-
troduce them will for a time mako
them at the rate of first-class ordinary
photographs.

BASEBALL GAMES

Boston Still Leads in The}

League Race.

Baltimore Is Now in Second Place, With
Pittsburg Third—Cineinnat! Gives
The Giants a Bad Beating.
Results.

The results of the games played by
the National League Clubs yesterday
did not displace the Bostons from the
lead, though they shook up the clubs
nearest the crack team from Boston.
The order of the first four clubs {s
now Boston, Baltimore, Pittsburg and
Cleveland. °

At Baltimore. :

Innings, 123456789 -
Baltimore.....2:2001000*—65
St. Louls......000000000—0

Base hits—Baltimore, 8; St. Louis,
5. | krrors—Baltimore, 1; St. Louls,
4. Batteries—Hoffer and Clarke,

vf

Y
YOUNG AND WEALTHY

THE VALUE OF CORNELL UNIVERSITY _
IS $10, .
$10,000,000 dite

It Has an Annual Income of $500,000.
and Seventeen Hundred Students on Ita
Rolla—A Gigantic American Educational
Institation.

(Spectal Correspondence. }

New York, Jnno 10.—At the head
of tho public educational system of the
state of Now York stands Cornoll uni-
versity, one of the wealthiest and most
effloient, at the same time that it is one
of the youngest, of American institutions
of learning. Cornell has an aunaual in-
come of $500,000, and the value of its
property and endowment ig $10,000,000,
In fact, thero are but two or three
svoalthier universities on the continent.
But notwithstanding its wealth Cornell
ig compelled to exerciso rigid economy
to carry out tho work demanded of a
modern university, and President Schur-
man urges tho necessity of larger endow-
ments and the establishment of new de-
partments and professorships.

Cornell is to some extent tho state
university of New York. It recoives the
{poome from tho funds arising from the

PRESIDENT BCHURMAN, |
agricultural college land’ grant act,
which gavo tothe state of New York
990,000 acres of public land to be devoted
to agricultural and industrial educa-
tion. Tho land was valned at $600,000,
and tho question in the logislature at
Albany, as in other stato logislatures,
was how it ‘could best be uscd for the
promotion of state education. ~The nat- |
ural way of disposing of.: the grant
would have been ‘to divide it among tho
score of* eager claimants. ,That it was
not so divided and frittered away was
due to two sonatora, Hon. Ezra Cornell
of Ithaca and Hon. Andrew D. White’

Breltenstein and Peitz.

of Byracuse. |

TIAA AF HK Trablttrtian,


ey: ‘
Rg yA Bae Beat et

JUNE: 18, 1895.

=

15 CENTS A

LEXINGTON; KY. TUESDAY,

SENATOR STEWART

(eaves For Versailes This Morning
Bat May Return.

Senator William M. Stewart, of
Nevada, and Senator Jo C. 8. Black-
urn returned to Lexington late yes-
-erday afternoon from Mt. Sterling,
where Senator Stewart spoke to a
rood sized crowd. Senator Black-
yarn drove to his home in Versailles
n the evening, while Senator Stewart
‘omained at the Phoenix till this
norning, when ho left for Versalles.
't is sald efforts are being made to In-
luce Senator Stewart to speak in Lex-
ngton some day in the near future.
several silver enthusiasts called on
he Senator while he was hero.

‘SENATOR STEWART

“y+ Guest of Senator Blackburn At
Versailles.

USpecial Telegram.]

VERSAILLES, Ky., Lune 18.—Seonator
WVilllam M. Stewart. of Nevada, ar-
ived hero this morning and break-
asted with Senator Blackburn. He
ind Blackburn |have driven down to
nspect tha Woodburn and Nantura
‘tock Farms. Senator Stewart said
het he would make no more speeches
n Kentucky and would probably leave
or home tonight, though he expects
o be in this State and ‘Ohio again be-

ore November. * ‘

From repeated teats at the World's
‘air. and California Midwinter Fair
ll other baking powders were proven
ar inferfor-to Dr. Price’s. ,. 2 .;.

CHANGED HIS MIND.

‘tewart Will Speak in
_ > Thursday Night.

aes ©
At 4 o’olock this afternoon tho ‘BI-
actallic Club of Lexington received a
olegram from Senator Stewart} datod
‘eraallles saying he would speak in
“t« clty at: 7:30 Thursday night. of
weeks: 05507 gio Mpeg PLA

— 46 Sree silverites are jubilant over
heir success in getting Senator, Stew-
tt to speak here,’ and they say prepa-

; ation will be made to rive him-anon-
~~hasisstic teception, =f

; iP oe ae : A . "a tse"
PHYDINTINAW Tranny

4

‘

No Killing Reported From
Mt. Sterling.

Two Men Badly Wounded
Last Night, However.

Johnson Who Killed Police-
inan Evans is Sinking.

He Was Shot By the Officer—Bnsiness
Houses Closed Out of Respect To
The Memory of the Dead Offi-
cer—Fight in a Saloon.

Negro Stabbed.

[Bpectal Telegram.)
. Mr. Sreriina, Ky., June 18.—DLast
night Joe Martin, while druok tn
Bramblett’s saloon, struck Newt Rat-
liff over the head with a cane. Chief
of Police Charles T. Wilson started to
arrest Martin when Martin fired two
shots at him and then ran away. Wil-
son followed him and brought Martin
down with a shot fn the leg, severing
an artory. Martin is dangerously
wounded. ‘ ‘?
.- The faneral of Policeman Charles
Evans took place this morning. Near-
ly all the business houses closed out
of respect to the dead officer.
, Johnson, who killed Evans and was
shot by the officer, is gradually sink-
Clayton Willjs,. colored, seriously
stabbed §Vesley Harris, also colored, Jo
the breast, at Smithville, a suburb,
last night. Co cw

'. Dr. Price’s Baking Powder {s not a
new leavening force. For forty years it
has never been equalled either fn pu-
rity or strength. = oa 3

- RUBBERNWOK. |
Bowling Green Jealous of Mt. Sterling
> Farnshes a Murder... -!!

SULTANS REPLY.

He Accepts Some Suggestions
Of the Powers, |

Bat There Are Others That He Is Not
So Certain About—Wanuts to Dis-
cuss Some of the Reforms.

His Sovereign Right.

‘7

CONSTANTINOVLE, June 18.—The
Turkish Government has made a fresh
reply toa note of the powers outlin-
ing reforms Inststed upon for Armenia.
Toe Porte accepts principle proposed
reforms, but requests that several
points be discussed before any action
is taken.

The Turkish Government also denies
that the terms of the treaty of Berlin

‘confer the right of demanding guar-|- .

antees formulated by ths powers and
express the hope that Sultan's sover-
eign right will not be prejudiced.

HAPPY REDSKINS,

Secretary Lamont Visits Cree
Indians at Ft. Thomas.

They Deserted a Wild West Show,
‘Pat on Their Paint and Danced -
For the Secretary—Secre- »
tary Pleased. od

CINCINNATI, June, 18.—The Honor-

able Daniel Lamont, Seoretary of War.:
ra hera today on his, journey to 4d

the West and made an inspection of
the . troops and garrison at Fort
Thomas. Ho was deeply Interested
in finding under the alioltar .of the
flag a party of Cree Indians, who de-
serted a ‘Wild West” show here. ~
_ Tho ‘Indians were wild with . joy
when thoy heard of the presence of
the great chiof from Washington.
About forty of them In their. gayest
int and feathers outdid thomselves
n their efforts to entortain him with
a dance, rape a, BP fe a Ee
Secre

bamantal

ary Lamont was greatly | in:

an nth nd AG shealan ea

NG

In the U.S. Stir
In a Londo:

Frances EK. Wil
Of Being an

For the Many
The Southe

The British Temper:
Meeting Enlivenec
Adopted Expres
~ Miss Willard,
Is Against I

Lonpon, June 1
today the British J
ance Association, M

arnie accused Miss
ard, the President
Christian ‘Temperan
ica of being apologi
in the southern pai
States.’ But both ©
the American W. C.
exonerated from the

Miss Willard mad:
of herself and of th
ably seconded by o
resolution was car
declaring that theco
believed that the A
U. maintained tow:
vestion the same
Christian bodies, n:
no circumstances m
taken without the p

“Dou ‘you relish &
cult? If not, why |
purest baking powd

» INSURANC)

Two Men Murder a}
Yoo" Were Hang
hee OD RRR te

Sr. Trowas, Ovr.


in Silks ang.

PY Bro offer.

MAMMAL

PPL

oeMons Gain it
Ty's Apple j

—

tucky Leads All

iGOPY.

KM MLK 95 HEXINGTON, KY. 1KLDAY,

eS ae

w Demands

10) Jol Jolson.

Sledd
Trap al 1k:
aie
bh Minutes Ijater Life
Pronounced xtinet.

urderer Faces Eternity
“thout a Trenpor.

|
Five Thousand People
{ness the Exeeution.

ii

———

bdevned Man Joined the Col-
and Said,

ry

ya Porcentags ine Minister in Soucy
The Peach Cry} Vag Ready to Go | "Il Fear
iAg Heary Nothing” Were His

sasmnyaroy, pi
‘rns for Au

spective fruit ce

nas a whole, ly
several.
cas‘In with i

is Tess than half

Inet.” This ty the

« Hampshire, }
Wisconsin}:
here fs /ay
1X figures,® ‘the
{rom 28,1n- Mick}
it, Massacbdelu fa
‘ania ‘and Towa sh
en 90" ‘and 60;

Y,: Maryland,’ Tyg ¥

otinay? Tennessee,

okyy, Todisns, Mig

lorado, *:

ches: lx Now
ansng, Indian
fo are abore' sh
91,°Ohio" and’ Died

ina 73 and 7! reset

tig, 4,

ca have cn tion:

‘Last Words.

} [Special § Staff Telezram.] * .
Brenuina, Ky, Ag. | 16. -—It
10 when Sheriff Sledd sprang
*-The body shot through it,
the Tope’s end and rebounded.
nision, passed over |
ty 38 g ‘strngcle, a
. baudible ‘groan, anql tho-tife of
~ phnson, the colored desperado,
. fet and murderer, Had oxpiated

Pee pote A wes te fs vis
nhiteh"ar
mnie rune tho “Job
A(itat one.” Fully 1,000 people
tho execution, gmong.thom

; asp, an. al-

Winataly”

énco, wap oppressive
@ by:
EAroxthde

A An ne ‘

the religions’ @rempnies...He
B trlet statenient. asthe ‘spokes

€

he muscles, }.

rt. jae In ‘the :
za ca: “neat |<

men and children}: -The crowd | re
“qilletand “orderly. | SN 0!
liminary gsh relseg were |:

the materee 2

vivtath sare father
CON: | Ay pap

then placett in’ a pauper's cofiin, the
black capi removed and the ?body
turned over to Morticlan George C.
Fastin. Tho body will bokept until
Naa aw tmoralyg. and burried tn
tho Pottors field.

The last{night of Johnson's life was
spent ii the same cell of the conuty
jail that Tpm Blair ocenpled the night
ho ‘was takon from the = and
mobbed.

The death watch was placed on

Johnson gt 8:30 Iast night.
ato hoartily at supper, — talk-
et very} Vittle and; then — ro-

tired carly. Te slept woll, not once
awaking until 6:30 this morning. Once
or twice 1 ‘fore ho retired last night
some colofed friends called and asked
him how he felt. Hae replied that he
was all right, and that the prospects
of. hanging was a hg to him.
Ile ate a jrood breakfast, Jailer Cho-
nault then gave him a cigar, which he
smoked com posedly.

At 10 olélock this mornin
was giver) somo ice crearh, which he
ate with Ja relish. At 10:30 he was
taken from the jail by the Shoriff, two
deputies Jand a guard of twenty-live
armed meh. He was taken to the gal-
lows in a wagon, the guards accom-
panying bn horseback.

A notable thing about the attend-
ance at theexecution was the absence
of colored people. Vory few attended.
During Johnson's trial and since his
conviction the colored people of Mt.
Sterling have shown him very litle
attention. | They seem to belleve that
his execytjon was just and fdr the
best good of their town.

‘This ig thetirst legal execn tion Mt.
Sterling his had since 1SG4.' Its ef-
foct will Hpub Itless be w holesome.

DESPERATE CHARACTER.

Jobtson «| ad Man From, His Youth
LU hice of His Lite

g¢ Johnson

Special Staff Correspondent,
reRLING, Ky., Aug, 16.—John
tho hardened. criminal who
Montromery couhty her
xample of ‘capital | punish-
q tho war, was A-nativo of
having , been! born ‘hero
ars ago, He. was |about 5
s tall light in: co plexion
repossessing appearance. **
son of’ Jeffersor ‘Johnson,
egro,; honest. An highly:
- {-John,® ‘however, ’: lid .not
It‘any of his: sgood qualit
yeriininal sand blo

_ (From
Mr S’
Johnson
furnishe

6 (ays
on the alt 0 fofea and wad attend tap 3

He |.

‘| porter asked I him if

a3, put]? 7

‘age | Btore'anda}
; Hore anda

CAPT. MAY

|
|

Makes Q Stateinent About
The Trouble

Betiveen PrOf. Atbort And
Messrs, Cravens.

Prof.
Sfatement.

They Both Say No Retraction Was
Made—A Morning Paper Charged
With Being Unfair—Prof.
Alberti to Speak
Tonight

The story published in Trik LEADER
yesterday about the trouble in Capt.
W. HH. May’ 3 grocery, on South Broad-
way, between Prof. C. M. Alberti and
the Cravens brothera created no end
of talk about tho city.

This morning friends of Prof. Al-
bertl protested to a: LkADER man
against the story published in a morn-
ing papor.; They claimed it was in
somo respects not true, and requested
that justice be done Prof. Alberti by
Interviewing, Capt, {May and, -other
witnesses to the affair. (*

A Leaprr man In obed ence to their
requosts called,on Capt. May. He
was at his grocery and .when the -re-

statément abont thon tor said:

| “Although I do not care to be mix-
ed up in the affair, rate ptrue.state-
ment of what I saw is due’ Prof. Alb
berth hea SO. bert goultradletory
stories are In circulation.) Tho  state-
mont that.Prof, Albertt Was drank: is
not truo, ad: far as I knéw.°:He cer
tainly cond ducted himsel in. a sober
manner, -° The, ‘Cravens :|brothers “did
not walk to|within a foot/of the“ shot-

gun, “The Shor Abe hake : sfiv. or ai

nets ade 4
really you would noite
was any —s TA

in'tnotica:
PAGER

aS or

2) Best and he ‘he

Alberti Also Makes a}.

Ba beter make a].

lt


, Pheer s ALLA AH,
Angling over silver'and gold
ons. Hardla was sold out for
| free silver, a combination

_ about by the late Legislative

ohbala reed

\RRISON COUNTY

Jor Hardin and the White
Metal.

‘phone messaye received at 4
‘tated that the Harrison coun-
‘ates Instracted unanimously
Hardin.

mvention also passed a roso~

doo moved to a neighboriny town and
only returned to Rollington yester-
day. Some say he came for the pur-

se of effecting a reconciliation with
is wife.

When he saw her she was with one
of her schoolday lovers. Then he heard
the stories about his wife. He satis-
‘fied himself that they were true, and
finally he learned that her favored
lover was youny Tom “turphy. About
6 ‘o'clock last evening Gaudon and
Murphy met ‘as Murphy was on his
way to see Mrs. Gaudon. Gaudon
drew his revolver, and without even
answering Murphy's salutation, flrod
at him four times, every ball taking

‘avoring the adoption of (rey omtect, two inthe breast and two in

o'clock telephone messavres

stated that Bourbon, Scott
!tolas counties had all instruct-
lay. .

‘(ANKLLIN COUNTY

8 For Hardin and No Uther
Candidate.

(Special Telegram. ]
‘FORT, June I17.—Tbe Franklin
Convention met the court
- 2 o'clock and after a wranyle
nour elected Lewis Mangan,
‘obin, South ‘Trimble, Dick
, William Bedford, J. B. Blan-
’, Pence, Robert 8. Averill, J.
on, Pat Newman and Dr. J.
owart delegates, with instruc-

.W. Hardin for Governor.

istractions.

. WOOD DUNLAP,

‘1 Kuowa Lawyer, Has No Con-
ton With Joseph Dufilop. |

ie G. Danlap requests Tie
state that he: is in

" connected : with . Jo-
unlop, ”. the insurance
ho - mapapoasdy: disappeared
it is alleged is short in his
i He says owing to a simt-
in (‘the names ‘some ples"
onfound him with.:the insur-
ent... *Duniep ‘hasn't “ been
>m since bp ts Aight erry the

TIM OF. CONSUMPTION.
s,> Jane 17.—C. - Py” ‘Smith,
t ‘of =the Colortdo': ‘Mining |
xchange, died « amos. re , con-
n. eii%

aber ® that: tomorrow in the

for that ‘chea and ¢n-
at. the ile Geetonsry Com:

fasion

tho head.

Belleviny Murphy was dead, Gau-
don proceeded to his wife’s home near
by and found her alone at the front
door. She started to run into the
house, but Gaudon was at her heels.
Fourteen times he plunged his knife
into her body, and when she finally
fell hestabbed her again and ayain
antil there was no sivn of life. Sat-
iafied that she was dead he gave him-
self up to the Town Marshal, and
was locked up at Pewee Valley. Ife
says the killing speaks for itself, and
he {8 ready ty abide by the conse-
quences.

THE POLICEMAN DIED

And a Mob Started to Lyuch the Ne-
gro That Shot Him.

Mr.. Sreuine, Ky., June/17.—_De -
uty Policeman Charles Evans, who
was shot Saturday night by John
Johnson, a Neyro ex-convict, dled
Sunday morning at 11:30 o'clock, just
after the physicians had operated on
him. As soon as Evans died a mob
began a journey with the Intention of
lynching Johnson, but Judge Cooper
made an order to hold a special term
of court Jane 28, to try Johnson, and
the mob dispersed. Evans had just
been married to Mrs. Ida Langston,
whose first husband was ‘killed about
we psig ago edu Sam Everett.

- NEAR MT. STERLING

A a Monit on a Road and One Is

es -, Bhot Five Times,

oat 2

At Johnatoa Station, near Mt. Ster-
ling, “Sunday, Jamey Whitaker ‘shot
an ‘killed Newt Anderson. ‘The two
men met on the road, when Whitaker

drew a ‘Pistol : and . shot. Anderson five . te

MP has ‘,

te RY

40 43 SiG LiL LU Seu
to unito the Breckinridge-O
and throw the combined Inf
to Alberti. Messrs. McC
Wilson have beon doing
hustling during the past fe
they no doubt will expect
the matter.

It is said that Mr. Alber
assured of a good following

~~ —_~<e

H. W. BAIN

RoalEstateAgt.& Auot
40 E. Short 8t.,

Lexington, Ky.
EP ag

LH ANAMUHINLS.

Reported They Are Planing a Great
Outrage at Kiehl. ;

Paris, June 17.—The Eclalr says
that a roport iscurrent at Hamburg
that the Anarchists will attempt a
great outrage upon the occasion of the
approaching naval fetes at Kiehl.

GOV. ATKINSON

Is Reported Considerably Improved
This Morning,

June 17.—Gov. W. Y.
Atkinson, who was yesterday seized |
with a sudden and serious attack of

appendecitis, from which fatal results
were for a time feared, fs reported
considerably better.

MUST STAY IN PRISON.

Application for Release of Osear Wilde
Lensiheenand

ATLANTA,

For Furnrture,

Carpets, Stoves, Pie-
tures and Laee Our-
tains for cash er on
easy payments at

TINSZER’S, 382 Mart

First Class Drugs.
Everything und
sonal supervisio
prietor, with co
ussistants. Noa
tutions or adu!
permitted. Pri
vrate. T. B,

LONDON, done it 17.-——-Applicatlon was
made today for the release of Oscar
Wilde, pending steps for a new trial.
The application was refused.

WEATHER BULLETIN.

WASHINGTON, June 17. —Tnodications
for Kentucky—Fair today and to-
night, thunder showers ‘Tuesday.

SMart

See Our Cheap »
a Ribbon | = a

Reduced Pricesin 97
| Brery eee ‘ —

.

mM, ) et
me gh ‘4 ee

Pike,
Ax ey


HOWARD, James, black, elec. KY SP (McCracken County) June 6, 199.

Registrar of Vital Statistics
Certified Copp

“mila THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND - NOT A WHITE BACKGROUND asi
2 NF ma «er (seme ar wri BIR 6% aaa aetna tencae ana eE at = aac
er eter pyet
A ile ge. SE Fe 3
= > cS xe oi a mi Ho, - waves 225-08
* “4 & Cina ~ " ate t Ps
‘g St we ee ~ BS
et el. £2 t Regis owes washed: v
Be Me kage {ifdesth ooserred tne ©
a =i|° aed ae ERAS |
oe . SE - an e Se
“se = + oi ae e * of . Ke th oe smnceene yess AS Seca é Ward) - pe we wamber, | ree “|
| 3S Ree ee ee _g NE geste oo
4 3 ae 2 FULL NAME 1-5, ‘e3?
<i setia ; Re eie Ben eee Nig ee
% ]|: + PERSONAL AND STATISTICAL a eg Es Tyce ~ MEDICAL-CERTIFIOATE OF DEATH: =
By || 25x = 3-3 | 4 COLOR on Race! 5 omen “| I6DATE OF DEATH ley hy Sb es hare
ery ¢ ; ‘o™ - . :, ~ te " a re | bie s. - 4 s ns bie tz ‘ |
: eH EE EPR AR CELE Ee. “7 2 401.95
~* La, < amet A wat vt Wy eed sucess ichotes spon theys coBaahescesc+e4 Rist fal apie 191.7 ti
~, - is Sipe tittiatee AEA. Month (Day) = f¥ear) 4

se 09s conti,
Opti

|EREBY CERTIFY, That

WW an

8 OCGUPATION : 2 oak
(a) Trade, profession, cS 4
particular kind of work =.2. <CL-€
(b) General nature of ind

business or establishment4n. Le >
which employed (or sapere x.

9 BIRTHPLACE

VAR EN that

See Instructions on back of certificate. yy

-

ae aa os Seisatetene -4+ (Duration)... . a dobean phd Foon aie

cone ee negetes - SS

BEC OW pary)

pases RE Sie psp oP ioe

a1. we ey ee :

Mas rey TASS ACE

10 NAME OF.
*| FATHER
’

ie

11 BIRTHPLACE .
OF FATHER
1 S eee-nel <2 prorat

Vaid ald

a 12 MAIDEN NAME  : "Sta DrsEaSE CAUSING DEATH, or, in@ttaths from VIOLENT CAUBES state ~*~’
Bas oF ipl 6 ee! Ghhre (1) nau OF Injury: and (2) whether ACCIDENTAL, SUICIDAL or HOMICIDAL. f
r 25 IBLENGTH OF RESIDENCE (FOR Hospitais. INSTITUTIONS, TRAN-
} KS ‘J 13 BIRTHPLACE _..; : SiZNTE OR RECENT soap : $i ie Se ts
ao >] OF MOTHER | — ae At place ee Gea the “Orr
3° { (State or country) Ca of death. gre. cc. 08. . 5.008. ie.
’ 3; “Where was disease contracted, ©.

if elie loge le SUES Fag ae
Fakes ee : ite Co

usual residence Jf .6.07...£7.°%.. ales cess ceaUoese seen tee

19, PLACE OF ioe OR REMOVAL |

UNDERTAKER

ATONE eS, trea
UPI CLIUES ES herds
° & ¥

eee eeoe C480

ReeisyTrag

Web LANL

tan

HWW THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK - HOLD AT AN ANGLE TO VIEW ;

I, Omar L. Greeman, Registrar of Vital Statistics, hereby certify this to be a true and correct copy of the certificate of birth/death of the person therein way
named, and that the original certificate is registered under the file number shown. In testimony thereof I i gh subscribed my name and cannes eo pee
official seal of the Office of Vital Statistics to be affixed at Frankfort, Kentucky this 30 day of 19 ine yn ee Me ee: = ae a - ee

1 $. PATENT mos. ‘ : : : Ahan og Sip

crasiaa ei 04 Omar L. Greeman, State Registrar


;
=

———~s S&S =

wtf may

ial ha

‘

i

if

eo

—-
a
—
=r
x

=

oo

a

&

=
a.
i oa
=

> Swe eae.)

es ated

‘oie wet Ome >

Sh — ie
Romaine Is Shot With Pistol
Taken From Him. . Si

=e
rs

nig pe

shot and Killed at 2 o'clock this morn-
INE by a negro at Ninth and Norton
streets. George Napper and another
Negru, whuse name the police declined
to divulge, are being held. Chief of

€ patrolman had ordered a gang

Surrounded him and one of the ne-

-: -}|@T0e6 grabbed the patrolman's pistol | the
from his scabbard, kiNing him with me
his own gun. ,The bullet went] me-

@D immenee coking ‘coal plant will be
built as rapidly as men, machinery

Started.

United Statea Steel Corporation, and
the product will supply the big plants
at Gary, Ind., South Chicago and
Jolet, Il. Howard N. Eavenson, of
Gary, W. Va., the corporation's chief
engineer, is on the ground.

eee ee mene penne mae te ame

Millions To Be Expended In E

> op
~ “~~

. Pe
of boimerous negroes to be quiet. They E

Whitesburg, Ky, Aug. 12.—The| 8a
nited States Coal & Coke Company, | hes
having Purchased 20,000 acres of rich exc
coal Jands along Looney Creek, in the] offic
Vicinity of the Letcher-Harlan border, | acc.

This company isa subsidiary of the E

The Rodgers Bros. Coal Company. | tr
of Pikeville, is rushing the work of] th
developing the Vanover and adjacent /it,  —
coal properties on the Baltimore &] i, if
Ohio near Jenkins. | ‘Ton
The Black Diamond-FEtkhorn Goal ne

| Letcher Coal Fields. ‘
ee : ts

Paty te

NEWS FROM KENTUCKY a
7 cae tn

" Special to The SU wi

: ‘aducah, Ky., Aug. 12.—Patrokman Re
William T, Romaine, 3@ years old, was]. ?

Q
dash?

Javits ows

Police Luther Graham believes that al-
Romaine was deliberately murdered. te

through his heart. The police are uti's
searching for another’ negro, ° 1.
me Sab i nat.

Will Expend Millions. oha
Sperial to The Courier-Journal. beled

te | Gam ioiogist, reoeutiy.. Jaspecied .
attra at the request.ef the board
of -heallt-std made a fuil report.
Dr. @outh reported that the -teela,
flon hospital is badly located for. the
care of contagious diseases :and thai
undér its plan of conatruetion, it. is
impossible to properly segregate
diferent diseases ip. the bujldiug.
She recommended’ that’ {t be ‘close
The{*s & contagious disease hospitar apd
anned (at a separate: foatitution ho ereeted
nd the

one of (#9 constructed as to admit of eom-

history Plete faciation ~ of various cases
duates,, ‘Brough the unit system ~ of ward
4 thei¢{ 82d room arrangemeni ef .
aad ee es further recommends in
Si her report to the state. board that
=» Sling | sterilizets for mattresses and dishes
the | be tnstalied‘and that ‘ail openings
teple be screened. She shageats grad-.
| bigcg-} U8(@ nurse with previous: rt a - in
an¢d|‘*2e management of contagious hos:
a iit-]Ditals, as superintendent of the imsti.
bette; tution. <5 Be ae
bar of} .Correspontence between Dr,
knife and Drv A. T MoCormack, ,
the in. [iéry of the @ate health’ paard, aad
undred | between Dr. H. PL Ling,
could {oMicer, and: Dr. J... fou
tn the joe¢nt of ‘the state ary
was read yenterday. Jn:
better | Pr. Lian,.Dr, South
.4 urgical that the building ha
of dol. | Unsatiafactory to: the: state boerd
(pues he [229 expressed the hope ‘that the eity.
oe sdeat.»! WOWld take steps to ‘Yemtodel:it*'wo
omous {48 (0 conform: to/ requireméats, or
caxer de- | ect. another’ eas t daly.
liy the “Edn Ou
Dr. “Linn add
sonerg U

“Mayor and Boars’

,

eting Tae to
n is’ purpuse. *
LL. have {fare "Chis meena < of °
ibe moet | Mot! you ot .
fa the
lytodls

bei tt ‘Meet parece by and
times. litecet UrT-audge Noes A

Ae aS

‘out of beu.
eal Palni

tia,

ow

tur that purpose in Paduesh, ta be]:

 Ldllard Sundets, whi da '@ prospect |
for. tractor, fran. agked Jocad 1fag-
tor dealers for’ “eompetitivé “sone man Wiilianr: Row
test tobe held toniorrow. afternoon maine ih that. eity, were electrocuted
atl o'glock) if it tas not. raining, rn jaa State Pen tentlary herd early’

tr,
tder,’ and: Jint
Of “Padntad,: who

@ ten-aecre. tract’ at Sixteenth and} ints morning. *
Clark. » streets, President Sum #, MS Rees sadn nn Sea Se Mtr
Forrman of: the Foreman Automo. Howard shot’ Patrolman’ Romaine
t Ca,” Feo! death on. tha street, hero mora
Mr. Sa0+becran a Yar ago, While another Nagra
x fore ,okher’ treetor! meld the officer, taking Nie guh away!
toventer thhir machined, £99, ror: bins. Howard
Shree : ap) ghdeath: by: as Mecra
A lpot “fall.” Harry ,
hwo hold’ Patrolpian 'R
foward ‘ghot: him

re"
RT, Kilpatrick:

week,
| Fostend “ot: sith. tet “tights,  pattore; fbed
wit 3 »

riteadent,.

seveyat "The expert
héye have produced fen
‘ rie Pi

rimnd o-; Rae
Brie

4
t

0 “GET”.
tt, Or. ot N
dudge.. Nott, was oungoe town ‘at
er, ris

 (Q) Ohderwood & Epderwvod,
OLE LAL LEER AL PPADS AD peeps

MOTORMAN IS CAUGHT

— Btepping from the 'p
trolley car 'to help a’ brother motor-
man. adjust “<his ‘brake, ne
Beavers, “motorman “gh Tyler car
‘No, ‘I. wan caught between the eoup-
lings: 60 big own’ car @ No. 302,
‘riven. by Motorman d, and: gui-
fered ac broken Jeg yes
kneé..o "Mr: Deavery
Riverside ‘hospital. whe
Kiddvattended him,
The “wtrident/. of
the

form of hia

} Board in

Washington, June 6.—-B
order abolishiag the Wire
New Fork and +
the operation of telephone
Sraph . properties to the offi
the Companies acting aa 2
the Government,’ was attack
by members or Congress,
whom charged that 3
passed them back because
threarened Nanon-wide strik
Comercin! Telegrahpers’ Uni

Tmmediately after Bu
order Iagt wight President
kamp ordered the union
iu Western Union ~~ offices
southestern states aor report
from the ehtef MOGs Of tha
Lory showed that scares of ope
clerka and MICSIeNge rE gut

Officials of the company
lanta said that With wire
under SOMDAUyY Operation th
be a finish: Se

union int}
y there wtil

Strike,

Meantime Republican
planned to press the pending
lation repealing the | <pesd
under which the Goreramenk
fontcol of. the sire con
Meanwhile -the Diferstate Co
Conmitree reopened — hear
the “repeal measure. :
inseenopedeed

7,000 Men Report Out

By Aseociated Press, ae
Ati@uta, June

headquariers as20une
Westeto Union etuplpyes &
South either struck of wou}
today Company. officials 8a
Only 4,700 CMPlores greoog 4

roll fn. the Southern diviale:

AT BROADWAY METHODIST
Rabbi Pirér W.)Yasobn,

daracl) wit doer

Broadway Me:

Morting
igfoua ‘Toler.
eloquent
ker and

mee me

NO WAL K-OUTS HER!

Tike has Be
Tvice whatédagy,
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The Enigma of the Headless

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VOL LIV. ko #0.

[Continued from page 37)

Ane INC]

SHEATHED

JLLAP BE
v t Traveling Is Justice's Sword.
Pearl Bryan's Foul Murder
ak Is Avenged,
HorSlayersPay the Law's
Grim Penalty,

Plunging ‘Into Flernity
the Same Instant.
Scott Jackson Declares Alon-
30 Walling Innocent,

But Afterward Retracts the Star-
ting Statement,

LLABI

Court of Appeals

When Gov. Bradley Demanded
That the Truth Be Told.

Kad of the Greatest Tragedy of
the Century.
Jackvon Rea@irms the Statement That | ©
Their Victim Dted at the Home
of De, Wagner.

11 i Gov. Bradley Refuses Res
|) Death Warel Bogen.
|) 1 —lteth Protest Their loneceare,
1) 0—The Drop Falls,
11 sh Walling Pronenmeed Dood,
1201 —Jarkwo Proeanced Dead,
Lead
owe Avene @ ended A went voy
(ertine ne ineegnd onto the wattetare| ‘a
+ vananance, regan The somber emp | 0%!
laden nam © dovstle rmmmay aml
roam rane he atecy 10 Raed
Wrurahee larorernnee that fee
Innes ent mune wutter ye the |e)

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8 nha sternal Coun whieh meee:

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1 prommere vipeamned ve beta. torte
LIE Yvon sertag 08 @ 09 met
* “wines ot the apepting senomibe, an the]
Fame teres Ud Ihe omatan i ereetien
OOF 6 Remr wren the gama
Wie ta'6, and atnaned with pail
et me a)

Saree ge i

SUNS

CREMATED,
Scott Jackson's Body

Removed From All Danger :
of Being Stolen,

sd ‘A 4
‘The Inelueration Takes Pi
rg the Cliston Cremaeey,

Startling Move of the Exeeat
Criminal’s Family,

The Farewell Letter Writt
ToRey. Dr Lae,

Wil Wand Le Ke tmmediatety Fr
| stated My the Federal Author: |
ities For His Part, iE

“Finis” was written to the gruesome drama
in feegiic style as shown in this unusual
clipping from the Cincinnati Enquirer.

shoe dealer on a train for Portsmouth
with instructions to show one of the
shoes to the manufacturers and notify
me at once the name of the retailer for
whom they were made. I then tele-
phoned a member of the firm to be on
the lookout for the man and was
promised every co-operation.

Late that evening searchers found a
woman’s hat and several pieces of
wearing apparel under a railroad bridge.
If the clothing had belonged to the
murdered girl there was significance in
that find. McDermott and I were now
convinced that the girl had come from
a distance, that she had brought extra
clothing with her which the murderers
had made away with.

“But,” said McDermott, as we turned
in that Sunday morning for a_ brief
rest, “the girl must have had her

60

*

clothing in a valise. Why didn't the
murderers leave the grip, too?”

“IT was just asking myself the same
question,” I responded. “The valise was
the very thing they needed to carry the
head in, The murderers had reason for
taking it far from the scene of the
killing to dispose of it.”

“And they probably stuffed some of
their own bloody clothing in the satchel,
too,” McDermott answered. “But let’s
get a bit of sleep, now.”

I tried, but visions of two fiends,
fleeing with the head of a slain girl in
a satchel, kept dancing through my
brain.

Developments Sunday forenoon were
quite as disappointing as those of the
previous twenty-four hours. Then came
a message from the shoe dealer. The
shoes worn by the dead girl were part

Beauty

of a shipment sold to a dealer in Green-
castle, Indiana. More important still,
the retailers had received but three pairs
of oxfords of that style and size. Mon-
day found McDermott, Plummer and
I accompanied by a throng of reporters,
in the Indiana town.

Leaving McDermott and Plummer
with the press representatives, I went
to the shoe store where to my joy I
found only two of the three pairs of
oxfords had been sold. The manager
believed he had records of both sales.
“Yes,” he said after some investigation,
“one pair was sold to Miss Pearl Bryan,
the other to Mrs. John Kesterman.”

“Who is Miss Bryan?” I asked ner-
vously.

“A young woman of fine family here.
Her sister is in the millinery business.
Her brother lives in town and_ her
mother resides in the country a short
distance out.”

“Is Miss Bryan at home now?” I
queried.

“I believe she is,” he said. “I saw her
only a few days ago. She is a choir
singer and prominent in church work
here.”

“How about the other woman?”
“She is the wife of a soldier at
Louisville barracks. I have not seen her
for a long time. The last I heard of
her she was at Louisville.

I put a telegraph tracer on the
soldier’s wife and followed the other
lead.

When I reached the millinery store
of Pearl Bryan’s sister, her brother hap-
pened to be there. Calling them into a
side room, I asked where Miss Bryan
was.

“She is visiting with the Fisher family
at Indianapolis,” was the reply. “She
left last Friday.”

The news served only to confirm my
suspicions. Pearl Bryan had not been
home’ since the previous Friday. Pearl
Bryan had bought a pair of the shoes
like those worn by the slain girl. With-
out another word I opened a _ valise
containing articles of apparel worn by
the Lock Lane victim as well as those
found under the railroad bridge.

The first garment exhibited brought
an exclamation from the sister.

“Why,” she cried, “that is my kimono.
I lent it to Pearl to take with her!” A
few more pieces were shown the pair.
They positively identified them as be-
longing to Miss Bryan and they agreed
that Pearl had webbed toes.

Heart-broken though they were, they
bore up with much fortitude, when I
assured them as gently as I could that
the headless girl of whom they had
read was their sister.

“But,” the woman sobbed, “Pearl
went to Indianapolis. She wouldn’t go
to Cincinnati. She knew no one there.”

“Are you sure she knew no one
there?” I queried.

“Yes,” her brother put in. “You re-
member that nephew of a Depauw pro-
fessor, who visited here this summer.
He was quite attentive to Pearl. He is
studying dentistry in Cincinnati now.
What was his name?”

“Scott Jackson!” exclaimed the wo-
man. “I forgot about him. He was the
only person she was acquainted with in
that part of the country.”


A dental student! One who would be
skilled in the use of a dissecting knife!
I needed no more information for the

moment. Immediately I telephoned
Colonel Deitsch and detectives soon
were combing Cincinnati for Scott

Jackson, dental address wun-

known.

student,

The Break of the Case

I RESORTED to code in my message
to Chief Deitsch so that neither the
press nor any other agency would know
Jackson was under suspicion and let
the news leak out before he could be
apprehended. The telegraph office was
in the railway depot. The operator
there was unaccustomed to code and
was somewhat puzzled by what ap-
peared to him a meaningless jumble of
letters and numerals. I waited until he
had finished clicking off the message for
he frequently stopped to verify the
strange telegram. He was far from
stupid, however, and the name, “Scott
Jackson,” caused him to prick up his
ears. I swore him to the strictest
secrecy and was leaving without en-
lightening him any, when he said:

“Mr, Crim, perhaps I can be of a little
help to you.”

“What do you know about this busi-
ness?” I asked.

“I know this,” he replied, “that Scott
Jackson and a fellow named Will Wood
used to loaf around the depot here?
Wood is a cousin of Miss Bryan and it
was through him that Jackson met her.

“After Jackson left town Wood came
down here a lot. I often talked to him
about Scott. He told me not long ago
that Scott had got his cousin in trouble.
Later he confided in me that Jackson
had asked him to persuade Pearl to
come to Cincinnati. Wood was to make
her believe Jackson’ would marry her
when she arrived there. But it was a
doctor, not a clergyman, that Jackson
expected to take her before. I think
you understand.”

Discovering Wood had gone to South
Bend, I raced after him and soon had
confirmation of the telegrapher’s story.

“T had no part in any murder; I never
dreamed of such a thing,” he protested.
“I'll go to Cincinnati with you and tell
you everything I know.”

I telephoned Chief of Detectives
Hazen preparatory to starting back
home and told him jubilantly of our
success in apprehending Wood.

“Congratulations,” he said. “Now I
have some good news for you. We
have Jackson and his roommate, Alonzo
Walling, in jail!”

Among the officers who met us at the
depot were Detectives Bulmer and
Grimsly. And it was from them that I
first learned the story of the arrest of
Jackson and Walling.

Two Dapper Figures

“puet had found that Jackson was
a student at the Ohio Dental college
and had visited his old haunts re-
peatedly. Announcement by the press,
however, that the murdered girl had
been identified as Pearl Bryan, of
Greencastle, evidently had caused the
student to lie low. They had finally
trailed him down and nabbed him. At
the first notification that he was under
arrest on a charge of murder, he had
blurted out:

“Have they got Walling, too?”

This had been the first intimation of

the accomplice’s identity. The detec-
tives sensed the truth.

“Yes, we've got your pal and he’s put
all the blame on you.”

Placing their prisoner in a cell, the de-
tectives started out to look up Walling.
They learned that he came from a fine
and highly respected Indiana family and
was Jackson’s roommate and classmate
at the dental school. Jackson, the son of
a sea captain and a typical New York
fop, had been visiting in Greencastle
previous to matriculating at the dental
college. He had met Walling shortly
after the school opened the previous
fall and they had become fast friends.

Walling blanched when officers took
him into custody. But, like Jackson, he
— any knowledge of Pearl Bryan’s
ate.

Arriving with Wood at the City Hall,
we went to Mayor Caldwell’s office.
Colonel Deitsch, Colonel Hazen, the
mayor, Ed Anthony, police reporter for
the Times-Star, Bill Taylor, veteran head-
quarters man for the Post, George Holmes,
of the Enquirer, Frank Grayson of the
Tribune, McDermott, Will Wood and I
seated ourselves and waited for the
prisoners to be brought in.

Suave and carefully groomed, the stu-
dents marched in with no more emotion
than if they were filing into a class-
room, Jackson gave a friendly nod to
Wood which might have been inter-
preted as a plea to stand pat and say
nothing incriminating, pushed back the
handcuff to relieve the tension on his
rather frail wrist, then gazed, shifty-
eyed, into space.

“Now,” said Colonel Deitsch, ignoring
the prisoners, “tell us all you know
about this case, Mr. Wood.”

Neither prisoner moved as the cousin
of the slain girl told his story.

“I hadn’t the slightest hint,” he con-
cluded, “that anything but an operation
was planned. This murder is a frightful
thing. I never had any idea it was con-
templated. But Scott Jackson—” He
turned toward the prisoner and pointed
a finger accusingly, “—you planned all
along to kill her! I can see it now.
You used me as a tool. I hope you
swing for it.”

Jackson still looked into space. Wall-
ing crossed and uncrossed his legs.

“What have you to say, Jackson?”

“Just this,” came the cold metallic
tones of the prisoner, “you are bringing
a frightful disgrace upon me and my
friend, Lonnie.” He glanced momen-
tarily at Walling evidently to see if his
protestation of friendship was buoying
up his pal. “And you are all wrong.
If Pearl Bryan came here, I never saw
her or knew she was here. I don’t
believe it was she who was killed. But
if it was, she fell into the hands of
criminals. My record shows I have
never belonged to that class. And you
can’t find a truthful man or woman who
will say he ever saw me in Pearl’s
company in Cincinnati or Kentucky. I
refuse to confess to something I had no
hand in whatsoever.”

“Jackson,” thundered Colonel Deitsch,
“roll up your right sleeve.” Sulkily the
command was executed. There were
four long, deep scratches. “How did
you get those?”

“An insect bit me,” came the glib
reply. “When I was stripped at the
station I told the officers all about it.”

“You got those when that poor, be-
trayed girl was trying to keep you

from driving your murderous knife into

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ADVENTURES 61


her throat. You know very well you
did. We've got enough on you to have
you hanged a dozen times already.
You are entitled to no consideration.
And you will certainly receive none if
you continue to try to bulldoze this
department.”

In and out of Walling’s presence, we
plied Jackson with questions. But each
time his reply was: “I've told you all
I know.” Walling was equally stub-
born. He maintained that he had never
heard of Pearl Bryan until he read
about her in the papers.

Plans For Defense

CE thing only was gained by these
inquisitions—the defense Jackson
planned. We had plenty of circumstan-
tial evidence but. as. he guessed we had
no one who would swear to seeing him
with Pearl Bryan since she left Green-
castle.

The first piece of luck came when a
cabman identified a photograph of Miss
Bryan as “the pretty blonde I drove
from the depot to the dental college.”
Upon arriving at the school the girl had
asked him to go in and get Jackson.
Inquiry developed that the student was
not at the college so the girl had re-
quested to be driven to a hotel. At the
hotel, there was no record of a Miss
Bryan, But the name “Mabel Stanley”
was on the register. The clerk remem-
bered very well now that “Miss Stanley”
and “Miss Bryan” were one and the
same.

A search at the medical college re-
vealed a pair of blood-stained trousers
in Walling’s locker. They were identi-
fied as belonging to Jackson, Next
came a very important break. At
Wallingford’s saloon, the proprietor
thought the pictures were those of a
trio that visited his wineroom on the
evening of the murder. A_ colored
porter had waited on them. He was
called in and shown the photos.

“Yes, sir,” he said after studying
them for a moment, “they were in here
early Saturday evening, all three of
them.”

“What did you serve them?” I asked.

“The men took whisky,” was the
reply. “The lady said she wouldn't
touch any liquor. They argued with her
but she was against it. So they ordered
sarsaparilla for her.”

Iowa’s

‘The authorities turned to the now re-
covered Mrs. Smith in search of in-
formation concerning her husband’s af-
fairs. She professed to have none. She
flatly denied any share in his presumed
attempt to defraud the insurance com-
pany. Her frequent “Oh, why did he
do it?” and “Why doesn’t John come
back, straighten all this out and take
his medicine like a man?” soon con-
vinced the little town that she knew
nothing of any plot.

Ready to absolve her of any part in
the conspiracy, the officers nevertheless
had a suspicion that she was in com-
munication with her missing husband.

62

oe Pe ee OE ee eee TT

“Did you notice anything unusual
about their actions?” I queried.

“Well, I tell you boss,” the porter
replied, “I guess they doped her.”

McDermott and I thrilled at that
reply.

“Why do you say that?” I questioned.

“Well, the fellow with the droopy
moustache joshed her about her soft
drink and asked to taste it. He took a
sip or two and then when she wasn’t
looking I saw him pour a few drops out
of a little bottle into the sarsaparilla.
He shook the glass a little and handed
it back. The girl wasn't particular about
drinking it but the man insisted. Wher
they went out, she was pretty woozy.”

There was a saloon opposite their
rooming place on West Ninth street.
The pair visited the bar often. Inquiry
as to whether they had been seen there
the night of the murder brought the
information from the night bartender.

“Sure,” he replied to a question, “the
two came in just before we closed early
Sunday morning. Jackson had a valise
and asked me to keep it for him. I’ve
still got it.”

At last the lost head, I thought. But
as he dug it up from under the bar and
I lifted it my heart sank. It was empty.

“It wasn’t empty when they brought
it. Something rolled around in it—like
a cantaloupe or pumpkin,” the bartender
said. “They came in and got the valise
later. When they brought it back about
five minutes afterward, it was empty.”

Quite clearly the poor girl’s head had
rested in the valise under the bar from
early Sunday until Monday night. Then
when the late Monday afternoon papers
announced that the victim had been
identified at Greencastle, the murderers
had rushed into the saloon, taken the
grip and disposed of its ghastly con-
tents before returning it—and all in five
minutes. Plainly the place of disposal
was nearby. We redoubled the search
for the head.

Immediately after they had read the
papers outlining the web of evidence
we had woven about them, we put
Jackson and Walling together in a cell
which we had had carefully wired so
that their conversation might be heard
over a telephonic device which I believe
was the first dictaphone ever used. A
police stenographer listened until they
got into a heated quarrel, each one ac-

cusing the other of “squealing,” and
much damaging evidence was secured.

Still another highly important bit of
evidence was to bob up before the trial.
A negro cabman, trembling and almost
hysterical, came to headquarters and
asked of Colonel Hazen:

“Can a man be mixed up in a murder
if all he done was at the point of a gun?”

And when the detective chief had
calmed him and obtained his story, we
knew how the journey to the murder
scene had been made. The negro had
been asked by Scott Jackson and
Walling to take them and the girl for
a ride. They had ordered him to cross
over into Kentucky and when’ he de-
murred, Walling had placed a pistol at
his side and threatened to shoot if he
hesitated. Out to Lock Lane they had
driven and ordered the cabby to stop.
When the trio got out, the negro had
fled, leaving his cab and white horse.

The Final Judgment

N APRIL 7, 1896, Jackson went to

trial. He was convicted five weeks
later. Walling, too, was convicted after
a long trial in which his family almost
impoverished themselves to save him.
Delays postponing the execution pre-
vented the climax of the bloddy drama
until March 20, 1897.

Both men, still defiant, went to the
scaffold, denied their guilt, allowed the
black hoods to be drawn over their
heads and the rope fixed, then dropped
through the trap to their doom.

Pearl Bryan’s head was never found
but I was satisfied from the moment I
learned about the removal of the grip
with the round object in it, that I knew
where the evidence was destroyed. It
was customary to destroy parts of
cadavers in the furnace of the medical
school. In five minutes the two men
could have gone from the saloon to
the school, thrown the head into the
furnace and returned the satchel. Parts
of bones found in the ashes would be
no evidence against them—they were
almost always present.

The unidentified picture on page
36 is that of Scott Jackson, hanged
for the slaying of Pearl Bryan. At
his right, on page 37 is Alonzo
Walling, accomplice in crime, who
also paid the death penalty.

Riddle of the Human Torch

[Continued from page 30}

They kept her under surveillance and
once they followed when she drove out
of town in the night but the speed of
her car and the darkness combined to
foil pursuers.

A Roadside Rendezvous

VENTUALLY Mrs. Smith went to
Sheriff C. A. Knee and told him
that she had received a telephone call
from a man representing himself to be
a salesman for her husband’s company
who asked to meet him secretly south
of Perry that night.
“T believe that it was my husband
speaking in a disguised voice,” she said.

“And why would you help us trap
your husband?” she was asked.

“IT want him to come back and do
the right thing,” she replied.

That night, long before the hour ap-
pointed for the rendezvous, Deputy
Sheriffs Chase and McCarthy had hid-
den themselves and a fast car in woods
bordering the road where Mrs. Smith
had agreed to meet hen mysterious tele-
phone caller.

Mrs. Smith herself arrived in her car
at the agreed time and parked opposite
where she knew the deputies were con-
cealed.

A coupe came slowly down the road,

but
niiss:
Sniit
ful.
decis
Geor,
told
some
“Ty
“Tok
cially
fraud
Way
only
I she
on hy
with
J coy
and w
“Be
ot ap
mentic

in acce
In the

had


ee

Sprawled among
scarlet stained
bushes, the head-
less body of this
beautiful girl was
found by a farm
hand when sun-
light glittered on
the red leaves.

JACKSON, Scott & WALLING, Alonzo, whites, hanged Newport, KY
on March 20, 1897

HE steady drone of a saw rose
pleasantly through the crisp air
as a young man lopped off the
branches of a gnarled apple tree. Since
early morning he had been busy in Col-
onel Lock’s orchard. Asa bough crashed
to the earth he leaned back, glad of a
chance to rest.

From his perch in the tree the youth
could see the sunlit acres of his em-
ployer’s farm: stretching toward Fort
Thomas, Kentucky. Climbing to a lower
branch he glanced at the sunlight
‘sparkling on some bushes near the foot
of the tree.

Suddenly the saw clattered to the
ground and a horrified exclamation rang
through the peaceful orchard. Wide-
eyed, the youth stared at the bushes.
They seemed to be covered with crimson
dew.

Tumbling out of the tree, he tiptoed
gingerly over to the abandoned road
which led from the Alexandria turnpike.
A trail of crimson wound up the lane.
Following it for some distance, he stopped
aghast before the body of a woman.

The youth stooped and gazed through
the rails, fearful lest he see some
familiar, neighborhood face but he could
not get a glimpse of the features. He
paused, uncertain what to do. Then he
stepped on one of the. rails and looked
directly down at the victim.

The head was missing. It had been
cut off as if by the axe of an executioner
of the Seventeenth century. Terrified by
the horror of the sight, he sprinted to the
farmhouse and informed Colonel Lock of
his find.

The colonel knew the value of per-
mitting trained investigators to be the
first at a murder scene. His brother,
David Lock, was chief of police at New-
port, Kentucky, across the river from
Cincinnati. :

“Go into town and tell Dave every-
thing you’ve seen,” he snapped. And
while the youth raced along the highway
at breakneck speed, Colonel Lock asked
the commanding officer at Fort Thomas

to throw a cord
farm in order tl
approach and di;
prints or other ey

I was sitting is
Colonel Philip |
of police, and Ch
Hazen that morni
when a telephon
conversation.

“Whew,” I hea
claim after he had
onds. “You thin}
killed by soldiers,
glad to send over
to help you.”

He hung up.
Newport,” he said
officers are just lc
a frightful murde:
reported beheadec
identification. H:
on the farm of the

“Cal,” snapped
a job for you and
over there quick
until it’s finished.

I reached the L
Dermott. I foun
mer of Campbell «
the coroner, Chi
deputies on the sp:
tary guard and th
authorities had aj
been disturbed. 7]
as it had been for
ment where the s
he hoisted his gh
rail fence were
clearly outlined i
casts were quickly
A couple of light .
pins were picked u;
label on the girl's
her identity.

And there was n

We were confr:
The. murderer, or
the limit to conce:
tity. We had first
and then formulat:

Leaving their victim at the spot marked above,
the fiendish killers fled along this road.

A CRIME CLASSIC

44 fs DYNAMIC

;
f
i
i
i
A i adic antg SOU  gtii
\ DMR ott ace Wie ee RIE, ne

of OL

DETECTIVE

DYNAMIC DETECTIVE, April, 1937


PLACE — CITY OR COUNTY

Louisville, Ky.

RESIDENCE

NAME

Cornelius Johnson

RACE

Black

ee SS 2, 1906
Hang ed

GEN

DOB OR AGE OCCUPATION

RECORD

DATE OTHER

528 1905
wen™ Conrad Kaiser

CRIME

Murder

| METHOD

w= Wt

MOTIVE

SYNOPSIS

el geod and solid, but I am not afraid of it and will atep upon it tomorrow bravely," said John-

So StS pea Uo OWS Ye SYday aLove OO ang LIspeé Oe 1a PTeCcuested Oo see 1n aavay oe

pa ight 8 5-28-1905 a a colored Sone ‘eee in Kaiser’ S enhaen. —_ a ie from Louisville on

ever Fine Kaiser finally i Rathibie se t to eject tératain. * Atter Sic ie, Johnson announced
that he would return and 'kill the bunch,' A few hours later, Kaiser standing i

talking with friends, Johnson appeared, revolver in hand, and demanded to know why he had “pa ejecte
ed. Before Kaiser could answer, he shotx several times, one bullet striking in intestines, Kiaser
died next day in Louisville hospital, Johnson fled but was caught the next day in Jeffersontown,
Mrs. Kaiser died several months later, supposedly of grief, LOUISVILLE COURIER-JOURNAL 7-27-1906

langed at 5:27 AM in yare of 2d ant County io Execution ene out quietly and alga and
without incident = ‘ 2 emo sound : A ee wali Bll
him to arouse him at 3 AM, rave up with smile sat asked to ites vatere dressing in new black
suit. Made up his own bed, Ate a hearty breakfast, Nodded head in
death warrant read, Only weakness shown was when leg straps being adjusted on gallows and he tran
vied slightly but soon regained composure, Neck broken and pronounced dead in 13 minutes, Releative

one eptinmed and buried in Louisville black cemetery, LOUISVILLE COURIER-JOURNAL, Louisville, Ky.
~25=190

| TRIAL

APPEALS

93 SOUTHWESTERN 582

LAST WORDS

EXECUTION

SOURCE

FRANK NEWTON OFFICE SUPPLY—DOTHAN

584 98 SOUTHWESTERN REPORTER. Ky.

It did not mention or rely upon the absence
of the witnesses mentioned in that of his
counsel, but relied upon the absence of Am-
brose Starks, Sallie Foster, Will Foster, and
Archie Lewis. The affidavit does not dis-
close whether or not these witnesses were
summoned, or that subpoenas were ever is-
sued for them. In short, it is silent as to
any and all facts showing diligence on the
part of appellant. But notwithstanding ap-
pellant’s utter want of diligence, the lower
court permitted the statements attributed by
his affidavit to the witnesses named to be
read as their depositions.

We have alrendy quoted and commented
upon the statement put by the affidavit in
the mouth of Ambrose Starks, whose alleged
presence at the time and place of the shooting
of Kaiser was unknown toany other person
there, even to appellant himself. The state-
ments attributed to the Fosters, Sallie and
Will, by appellant's affidavit, were merely
corroborative of appellant’s testimony as to
what occurred between himself and Kaiser
the night before the killing. They, however,
give no support to his claim of self-defense,
and afford no proof of provocation for the
homicide, as he had an entire day of cooling
time between the time of the shooting and
the difficulty of the night before. The state-
ment imputed by the affidavit to Archie
Lewis, that appellant loaned him a dollar on
the day of the homicide and received of him
in pledge as security for its repayment the
pistol with which Kaiser was a few hours
later killed, furnished no excuse for that
deed; it being wholly immaterial how ap-
pellant became possessed of the pistol, if it
was used, as shown by the testimony, in ex-
ecution of a previously formed purpose to
take the life of Kaiser without justifiable
cause.

The evidence, as a whole, convinced the
jury of appellant’s guilt, for it furnished no
justification or excuse for his taking of Kal-
aer’s life, but, on the contrary, proved that
he was actuated by malice, which led him to
deliberately plan the means and await the
opportunity to destroy his victim. The in-
tent to commit murder was boldly avowed
by him time and again before it was
done, and his satisfaction over its successful
accomplishment thereafter openly expressed.

Although the instructions escaped criticism
at the hands of appellant’s counsel, we have
read them with care, and find that they pre-
sented in apt language the whole law of the
ease for the guidance of the jury. The pun-
ishment fixed by the verdict of the jury and
ordered to be inflicted by the judgment of
the court in this case is the severest known
to the law, and by reason of that fact we
have read the entire record with exceptional
eare, in doing which we failed to discover
any error in the verdict of the jury or rulings
of the trial court.

Wherefore the judgment Is affirmed.

(122 Ky. 781)
COYLE v. COMMONWBHALTH.
(Court of Appeals of Kentucky. May 8, 1906.)

1. Homtoips — Dy1nG DECLARATIONS — Ds-
TERMINATION AS TO COMPETENCY.

On a trial for murder the question of the
competency of evidence of a dying declaration is
for the court.

[Ed. Note.—For cases in point, see vol. 26,
Cent. Dig. Homicide, § 459.)

2 Same — APPEAL — HARMLESS Besos —In-

STRUCTIONS.

In a prosecution for murder, an instruction

submitting to the jury the question of the com-

tency of dying declarations, though improper,
is not alone cause for reversal. a
8 Same — Drina DECLARATIONS — ADMISSI-

BILITY—Hope oF RECOVERY. .°

In a prosecution for murder there was evi-

dence that deceased was shot in the arm between
the elbow and shoulder. On the day following
the shooting, the arm_was amputated, and on the
ensuing day, about 3 in the morning, deceased
died. Before a physician had arrived, deceased
said that he thought he was going to die because
he was shot so near the joint, but there was evi-
dence that he also told his wife that she had a
one-armed man now, but that he would make
a living for her in some way, and that Je spoke
to his sister-in-law about removing ings another
state az soon as he was able. It was Also shown
that he said that he did not want bis assailant
to be,prosecuted, but would settle
he got well. Held, that a stat
deceased before the physician ar:
his arm was not admissible
tion.

[Ed. Note.—For cases
Cent. Dig. Homicide, §%

evidence as to t
the declaration
statements, if

permit these to be introduced, also allowing
defendant to roduce any statements made
afterwards the purpose of lessening or de
stroying thgforce of the dying declaration.

Ed. Note——For cases in point, see vol. 20,
cut Dig. Homicide, § 457.] =

Appeal from Circuit Court, Madison County.

“To be officially reported.”

Thomas Coyle was convicted of murder,
and appeals. Reversed and remanded.

G. M. Smith and W. B. Smith, for appel-
lant. N. B. Hays, Atty. Gen. and C. H. Mor-
ris, for the Commonwealth. it

f
NUNN, J. The appellant won from 8
judgment of conviction, senteseing him to
confinement in the penitentiafy for 17 years
for killing one Hubert Ri The appel-
lant and Riddle were b ers-In-law; Rid-
die having married appeljant’s sister. It ap-
pears from the evid that Riddle had
rented the farm, an@half of the house, of
Mrs. Coyle, the m
year 1905. She
the other half

the bed in his mother’s room, 0B
ng of the difficulty, when Riddle

Ky) COYLE v. COMMONWEALTH,

entered with a wagon spoke, drawing it upon
the appellant, and commanding bim to leave
the house at once, and then left with the
statement: “If you are not gone when I
get back I will kill you.” The deceased then
went to Holland’s mill with a sack of corn.
Holland testified as follows: “I know Thom-
as Coyle, the defendant, and did know Hubert
Riddle. On the day the shooting occurred I
was at my mill, known as ‘Holland’s Mill,’
when Hubert Riddle came there with a turn
of corn. I had to go to the ho for some
corn, and he followed me and d: ‘Mat, I
want to borrow your pistol, A told him that
I had sold it and could oft let him have It.
He said: ‘I am bound t& have it, Tom Coyle
and I have had a littl¢fuss, and I drew this
standard he carried

in his hand], on
him he had to g¢
“blew for me at the mill and

d got my little brother to give
him my #istol. [At this time the pistol that
Riddle Aropped when he was shot was shown
Hollgid and Holland said it was his.]’”’
When the deceased returned and entered the
room he was shot through the hy part

around the house,
picked up the
way, believing if he went up stairs that
Riddle would nét follow him, but before he
could get to the stairway Riddle opened the
back door and entered the room, drawing a
pistol, which seemed to hang in his pocket
for an instant, and then he fired with the gun
at Riddle’s arm, with the purpose of saving
himself from death; that he did not want
to kill him. After the sh as fired Riddle
left the room, and enti followed and
Hygician he wanted,

y anything. The
ucéd only three witness-

but Riddle would
commonwealth in

ified: “I am the widow
of Hubert Rig@le,Ahe deceased, and also the
sister of Thémag Coyle, the defendant. We
had been Matrled about eight months. My
f nted my mother’s, Mrs. Coyle’s,
farm, lso one-half of the house; my
mother rving one room up stairs and one
room n stairs. My husband did not like
Tom C@oyle, and told my mother he did not
want Tom lying around there. Tom Coyle,
the defendant, had been away from home for
some time, and had only returned the day be-
fore the shooting. On the morning of the
shooting, I, in company with my mother and
sister, Spicey, left home for a little place
called Nead Moore, and my husband went the
other way to Holland’s Mill. After my hus-
band had left, Tom Coyle came around the

4h

+

e my mother, my sister, and I
he had my father’s gun, and sald
Abert had ordered him away, but that
ld take that gun and kill d———n son
b———-h. _In the afternoon my sister
icey and I were at a neighbor’s when we
heard the shot at home, and when we got
there I found my husbandgshot in the.arm
about four inches baa 369 moolde. This
occurred in Madison co ahd on the 18th
day of April, 1905. e‘sent for a doctor im-
mediately, but the doctor did not arrive until
the following day,ébout noon. On the day
after the shooting*between the hours of 7
and 8 in orning my husband told

me that h éved he was going to die, and
made th wing statement: ‘My husband
told me he had been to mill, and as goon

as he came home he walked around the house
with his meal, and when he came to the meal-
room it was locked, and he turned and went
to Mrs. Coyle’s room, where the key was kept,
and he stepped inside the door and Tom Coyle
was there with his guy eled at him and
shot him before he coi move.’ About 12
o’clock on the same Ay Dr. Gibson arrived
and amputated big arf; but did not say any-
thing about himeing in a dangerous condi-
Sllowing morning about 8
‘Sband died. He never made
Eto me about his condition after

any statém

the g@rtion of his arm. He never ob-
je : he amputation, but told me to do
what’ I thought best. He told me that he

was going to die, and that he wanted me to
join the church and try to live right.” The
court asked the witness whether or not he
gave any reason for thinking a gun shot
wound in the arm would kill him; the wit-
ness said “that her husband said he believ
it would kill him, because the wound was.
close to the joint.” 4

Charlie Riddle, brother of the deceas
tified as follows: “I am the brotherg
bert Riddle, deceased, and was in
with my sister-in-law on the
March 18, 1905, between the ho
g statement,
ed he was go-
to mill, and as

which was: He said he bel
ing to die; that he had
he came home walked arg
his meal to the mealroogf, and finding it lock-
ed, went to Mrs. Coyle’ room to get the key;
and upon stepping .mside Thomas Coyle was
there with his gut} leveled at him, and fired
before he could gitove. It seemed to me that
the doctor wag“@ long time coming, and I got
my horse apd went to meet the doctor, but
took the wrofig road and missed him; during
my abse - the doctor came and amputated
my brofgér’s arm. After my brother’s arm
was utated, he made no statement as to
his ition.”

rge Herd, introduced by the common-
wealth testified as follows: “I live near
where Hubert Riddle was shot, and went
to the house of the deceased early the next
morning after he was shot. I asked the de

+ iss ey

<a eR
a Int

seen 0 aa ans bier a a rae TR RE

b Bias? vn


583 93 SOUTHWESTERN REPORTER. Cy.

and fixed his th. The
shooting of Kaiser occurred on Sunday even-

ing, May 28, 1905, at his store and saloon
situated in Jefferson county, on the New-
burg road about three miles from the city
of Louisville, and he died on the following
day of the wounds thereby received. Appel-
lant applied for a new trial upon the single
ground that the “verdict is contrary to the
evidence,” but the lower court refused a new
trial, and this court is asked to reverse the
judgment of conviction upon the ground re-
lied on for a new trial, and because of the
refusal of the lower court to grant appel-
lant a continuance of his case.
The bill of evidence presents the following
state of facts: On Saturday evening, the
day before the shooting of Kaiser, appellant
ordered in his saloon drinks for himself and
Wm. Foster, and asked Kaiser to drink with
them, which he consented to do. While the
three were being served by Kaiser’s son,
appellant threw a half dollar on the counter
with such force as to cause It to roll off the
counter to the floor; after some search was
made on the floor for the money, without
success, Kaiser said, “Let it alone, we will
get it when we sweep out in the morning,”
and then offered to appellant what purported
to be the change due him after deducting the
price of three drinks. Appellant insisted that
the change offered him was not the correct
amount, and in the presence of some colored
women began to indulge in the use of obscene
language, which caused Kaiser to order him
out of the saloon; appellant refused to leave,
and Kaiser, coming from behind the counter,
struck him In the face with his fist, and then
started toward the grocery department of
the store. As he moved away from appel-
lant, the latter drew a knife, and Kaiser,
upon being warned of that fact by his son,
passed through an opening in the counter
out of his way. Appellant then left the sa-
loon, and did not return again that night.
On the following day, at about 8:30 o'clock
in the evening, appellant went again to Kais-
er’s store, and without warning, shot him
twice. One ball from the pistol entered the
right hand of Kaiser at the base of the
thumb, and passing up the arm, came out
just below the elbow, and the other entered
bis body near the navel, producing the wound
that caused his death. There were four per-
sons present at the time of the shooting, two
women and two men. Three of them were
introduced as witnesses by the common-
wealth, and they all testified that Kaiser was
standing in his door when shot. Two of the
witnesses were within two feet of him at the
time; the other only a few feet away, and
all four of them In front of the store. The
three introduced as witnesses agreed in their
testimony that Kaiser was doing nothing
when shot, that they saw nothing in his
hands, that he said nothing at the time, and
that nothing was said by the person who

by whom the shooting was done, and #0
hasty was the departure of the latter that
the witness was unable to identify him.
But, as the homicide was admitted by ap
pellant, the commonwealth was relieved of
making proof of the identity of the slayer.
Numerous threats were made by appellant
against Kaiser. On the night he was order-
ed by the latter from his saloon he went at
once to the store and saloon of Jere Beeler,
near that of Kaiser’s, told Beeler of the dif-
ficulty he had with Kaiser, and tried to buy
of him a pistol, saying at the time he was
“going back down to Kaiser’s, and have it
with him.” At 12 or 1 o’clock of the day on
which Kaiser was shot, appellant was seen
by James Taylor at Hike’s point, and to
Taylor he then showed a pistol and said “he
was going down to kill Mr. Cooney Kaiser
or leave him badly wounded,” and further,
that “he never allowed a white man to hit
him over the head and get away with It.”
To Bertha Jenkins, bis cousin, and a witness
introduced in his behalf, he said, on the night
he was ordered from Kalser’s saloon and
again about 8 o’clock p. m. of the next day,
that he was going to kill Kaiser, and she,
believing his threat would be carried out,
went to Kaiser that day and informed him
of what appellant said. Betweeen 5 and 6
o'clock p. m. of the day of the homicide,
Jacob Rosenberger, a white man, while at
his yard gate, saw appellant in company with
others of his race pass, and heard him say
to them “that he was going to fix the son
of a bitch before sundown.” Shortly after
8 o’clock p. m. of the day on which Kaiser
was shot, appellant was again at Jere Beel-
er’s store, and there exhibited to Beeler and
others a pistol and said “he was going to
kill Kaiser with it.” Appellant then left
Beeler’s store and a few minutes later pistol
shots in the direction of Kaiser’s were heard
by Beeler, and immediately following the
shooting appellant returned to Beeler’s, show-
ed his pistol to Beeler and another man pres
ent, and said, “I shot, and if I didn’t bit
him I don’t see why.” Appellant also told
policeman Sleadburn, when under arrest,
that Kaiser had struck him and put him out
of his house, that he got mad over the treat-
ment he had received and went off and arm-
ed himself to go back and fix it with Kaiser,
and did so. According to the testimony of
the officer this statement was made by ap
pellant without inducement or coercion, and
in response to an inquiry from him as to
why he had killed Kaiser. :
Appellant, in testifying, did not disagree
with the commonwealth’s witnesses as to the
material facts of the altercation in the s8-
loon the night before the shooting, except,
that he denied using the obscene language’
to which the others testified, and claimed
that Kaiser, after striking him with his fist,
kicked him. He denied all the threats
against Kaiser to which the commonwealth’s

shot him. But one of them saw the person

witnesses testified, insisted that he sbot

Ky) JOHNSON v. COMMONWEALTH,

Kaiser In his necessary self-defense, and that | reaso

his purpose in going to the store of the lat- cll cag
ter at the time of the shooting was to get
the balance of change due him. As to what
occurred at the time of the shooting, appel-
lant when upon the witness stand made the
following statement: “I asked him [Kalser]
for my money he didn’t give me that night.
When I asked him that, he didn’t change no
words. He said, ‘I ain’t going to give you
nothing,’ and run his hands in his pocket and
pulled out his knife. I stood and looked at
him. I didn’t think he was going to aim to
use his knife. He pulled out his knife and
opened it, and I made a shot, and that struck
him along here, I think, and he threw up
his arm with his knife. That is where I
struck him in the arm when he threw that | accused

arm up.”

We have already alluded to the fact that
none of these things testified to by appellant
were seen or heard by the commonwealth’s

witnesses present, who were closer to de-

ceased than appellant at the time of the

shooting, and neither these witnesses or any
other, besides appellant, introduced upon the
trial, saw a knife in the hands of deceased
on that occasion, or in the difficulty of the
night before. We find in the record no cor-
roboration of appellant’s version of the shoot-
ing, except what is contained in the state
ment, his own affidavit for a continuance
attributes to one Ambrose Starks, an alleged
absent witness, who it was claimed would,
if present, testify: “That deceased did make
an attack with an open knife upon defend-
ant herein, and caused him to back ground
or get away from him, and then in his
necessary self-defense, believing his life was
in great danger, and imminent danger of
great bodily harm, did shoot to protect and
defend himself upon that occasion, which
shot ultimately proved fatal.” The fore-
going statement was read to the jury as the
deposition of Stark, and is much stronger
in appellant’s behalf than his own testimony,
according to which Kaiser only offended
by taking his knife out of his pocket and
opening it, but did not attack him with it,
or cause him to “back ground.”

Reference to the affidavit for a contin-
uance brings us to the consideration of ap-
Pellant’s contention that the lower court
erred in refusing the continuance, the ap-
Plication for which was based upon the affi-
davits of himself and counsel. A motion for
& continuance appeals to the discretion of the
trial court. Obviously the circuit judge is
better qualified than all others to know
whether it is asked in good faith or to de-
feat the ends of justice. He should not ar-
bitrarily grant or refuse it, but consider and
determine the matter upon the grounds pre-
sented as he would any other material
question affecting the substantial rights of
the accused, keeping in mind the fact that a
trial should be had as speedily as may con-

the accused should
promptly receive the punishment due him,
and, if innocent, be released from legal dur-
ance without unreasonable delay. Besides,
speedy trials have a salutary effect In de-
terring others from committing like crimes,
restrict opportunity for manufacturing and
suppressing testimony, and tend to prevent
other questionable practices that are some-
times resorted to by the accused or their
friends to secure an acquittal. It follows
from what has been said that this court will
not reverse a judgment of conviction because
of the refusal ofa continuance by the lower
court, unless itis made to appear that such
refusal amounts to an abuse of discretion
prejudicial to the substantial rights of the

In the case at bar, the indictment was
returned June 7, 1905, nine days after the
homicide was committed. On the 9th of June
an order was entered by the lower court
assigning the case to September 29th for
trial, but when called that day it was, on
appellant’s motion, continued to October 28,
1905, at which time it went to trial. In view
of these facts, a charge of undue haste upon
the part of the lower court in bringing appel-
lant to trial cannot fairly be urged. The af-
fidavit of counsel, filed October 26, 1905, pre-
sented as grounds for a continuance of ap-
Pellant’s case the following statement: That
they have been unable to prepare him for
trial, because of their inability to see and
talk with some of his witnesses, who had
been terrorized and frightened out of reach
of the process of the court by a spirit of
mob violence in the community where they
reside, growing out of an attempt of certain
Officers of the law, made a few days before
appellant’s trial, to arrest Lon and Rousseau
Howard, two negroes accused of shooting at
a railroad conductor. Lon and Rousseau
Howard and two or three others were men-
tioned in the affidavit as witnesses for appel-
lant, but the affidavit contained no statement
of what facts, if any, could be established by
the testimony of these witnesses, or any of
them, nor did it appear therefrom how many
of them had been subpcenaed or when. The
affidavit also failed to show diligence upon
the part of appellant and his counsel.
Though appellants may, as stated in their af-
fidavit, have been prevented by the alleged
mob spirit in the community from seeing
and conferring with the Howards or other
witnesses during the week or 10 days im-
mediately preceding the trial, it does not ap-
pear that they made any effort to see them,
or that they might not have done so during
the previous four months intervening be-
tween June 9th and October 26, 1905. Mani-
festly the affidavit of counsel furnished no
grounds for the continuance asked for by
their client. It is equally apparent that the
affidavit of appellant filed at the same time

Gist with justice. This is necessary for many

Ph)

did not authorize a continuance of the case,

i 3 ue
a ae
Ps ee ae
2 ¢: “f . Mie. #39
‘ eS

So yee ge - i e
ey : ee Re
Pa ty Sree oe:

JOHNSON, John, black, hanged Mount Sterling, Ky., on August 21, 1895,

"Mt. Sterling, Ky., June 16, 1895 - (Special) - There is great excitement
here at a late hour tonight end it is thought a mob is now forming to take
she negro Johnson, who shot Boliceman Gmwarles Evans last night, from the
Jail and lynch him, Men are coming in on horseback and it is beliewed

the effort will be made. The jail is guarded and resistqanece will be
offered should the attempt be made. Evand died today from the effect of
his wounds. when the news of his death became known there was much talk
of mob law, but the people were quieted when Judge Cooper ordered a special
term of the court and ordered the Sheriff to summons special juries, both
grand and petit, to investigate and try Johnson for the murder of EvanSee.
The term is wet for the 286h, The negroes are said to be armed and in the
event there is an attempt to lynch Johnson will offer resistance..."

COURIER-JOURNAL, Louisville, KY, June 17, 1895.

"eel found an item in the Arizona Daily Star, August 21, 1895, datelined
Mount Sterling,Kentucky, It said that a baack mah named John Johnson was
hanzed on that date for killing Péliceman Charles Evans on June 15th..."
Ltr. dtd. 11-6-198) from Arizona Heritage Center to Van Ranlte,.

-

1056

#224 Ky. 224)
HOWARD v. COMMONWEALTH.

Court of Appeals of Kentucky. April 27, 1928.

1. Homicide @=2338(3)—Admission of officer’s
testimony containing hearsay statement of de-
ceased identifying accused held not preju-
dicial against accused admitting killing and
presence at place referred to in testimony.

Where defendant prosecuted for murder
admitted killing deceased and testified that he
passed engine house at time referred to in tes-
timony of police officer, admission of testimony,
which court held was not competent but failed
to instruct jury to disregard, by officer as to
statements of deceased not in presence of ac-
cused, only portion of which that could be prej-
udicial was hearsay statement of deceased as
to identity of accused when passing engine
house, was not prejudicial.

2. Homicide €=>27—Ungovernable passion does
not constitute “insanity.”
Ungovernable passion does not constitute
insanity.
[Ed. Note.—For other definitions, see Words
and Phrases, First and Second Series, Insane
—Insanity. ]

3. Homicide €=>10!—Jealousy or sudden anger
caused by knowledge that accused had been
abandoned by mistress held no excuse for
killing mistress.

Jealousy or sudden anger by accused, pro-
voked by knowledge that accused had been
abandoned by his mistress, held no excuse for
murder of mistress.

4. Homicide ¢=294(1)—Testimony that accus-
ed killed mistress in fit of anger held not to
Show insanity during commission of crime,
and warranted court In refusing Instruction
on defense of temporary Insanity.

Testimony that defendant charged with
murder killed deceased, who was his mistress,
in fit of anger, held not to show insanity or to
show facts from which insanity could be in-
ferred, and hence court properly refused in-
struction based on defense of temporary in-
sanity.

Appeal from Circuit Court, Jefferson Coun-
ty, Criminal Branch, Criminal Division.

James Howard was convicted of murder,
and he appeals. Affirmed.

John D. Clausen, of Louisville, for appel-
lant.

J. W. Cammack, Atty. Gen., and 8. H.
Brown, Asst. Atty. Gen., for the Common-
wealth.

REES, J. The appellant was convicted of
the crime of willful murder and his punish-
ment fixed at death. He was found guilty
of having killed Lucy Buckner, his mistress,
by stabbing her in the breast. The only
grounds relied on for reversal are alleged
errors in the admission of testimony and
failure of the trial court to give an instruc-
tion on insanity.

of” .

5 SOUTH WESTERN REPORTER, 2d SERIES (Ky.

The appellant and Lucy Buckner, though
not married, had been living together for
several months preceding the homicide, which
occurred about 6:30 a. m. on April 17, 1926, in
the yard in front of the home of W. H. Robin-
Son on Everett avenue in Louisville, where
Lucy Buckner worked as a domestic. The evi-
dence for the commonwealth in substance is
that on the night before the homicide Lucy
Buckner went to the home of her aunt, Ella
Wesley, and had been there but a short time
when appellant appeared and became angry
because she was talking toa man by the name
of Brown who roomed at the Wesley home.
Appellant struck the woman, and John Wes-
ley, Lucy’s uncle, ordered him from the house.
Appellant returned in a few minutes and
asked her to go home with him, which she re-
fused to do, and he said: “If you don’t come
I had better not see you on the'street tomor-
row.” A few hours later appellant met Ed
Jacobs on the street and told him what had
occurred at the Wesley home, and further
said that he intended to kill Lucy Buckner.
Jacobs remonstrated, and appellant said: “I
never promised any one a killing that I
didn’t give it to them.” On the same night
he made a similar threat in the presence of
Willie Eurkes. Early the next morning Lucy
Buckner started to the home of her em-
ployer, and she had gone but a short distance
when she discovered the appellant following
her. She ran to a building occupied by the
fire department, where a policeman was
standing, and remained there until appellant
had passed. She later proceeded toward her
destination, but before arriving she again
Saw the appellant, and she ran in the direc-
tion of the Robinson home with appellant
in close pursuit, her screams attracting the at-
tention of a number of persons passing along
the street. He overtook her in the Robinson
yard and stabbed her three times. He then
ran and was later arrested in Atlanta, Ga.

Appellant testified in his own behalf, no
other witness being introduced by him. He
testified in substance that he and Lucy
Buckner had been living together about
12 months. On the night preceding the hom-
icide she went to the Wesley home, and he
followed her there and found her and Cole-
man Brown in a room under circumstances
that induced him to believe they had been
guilty of illicit relations. He became angry
and struck her and was ordered from the
house by John Wesley. He denied making
the threats testified to by Jacobs and Eurkes,
but admitted he saw Lucy Buckner on the
street the following morning and followed
her to the Robinson home. He claimed they
were to be married on Sunday following the
homicide, that he had given her $10 with
which to purchase a marriage license, and
that he went to the Robinson home intending
to effect a reconciliation; but, in response to

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

Ky.) HOWARD v. COMMON WEALTH

1057

5 S.W.(2d)

his request that their relations be resumed,
she refused and likewise refused to return
the $10 he claimed to have given her, where-
upon he stabbed her.

[1] The only evidence pointed out as prej-
udicial is that of James Lax, a policeman,
and a witness for the commonwealth who
testified to statements made by the deceased
on the morning of the homicide and not in the
presence of the accused. Upon objection
being made, the trial judge ruled that this
testimony was not competent, but it is in-
sisted that since he failed to instruct the
jury not to consider it, its admission was
prejudicial error. That the total lack of
merit in this contention may be shown we
quote in full the testimony complained of:

“Q. Were you in the neighborhood of No. 5
engine house, on First and Liberty, on the
morning of the 17th of April of this year? A.
Yes, sir.

“Q. Did you see this defendant here, or Lucy
Buckner, who was killed? A. I saw both of
them.

“Q. And what were they doing? A. She came
about a quarter after 5—she came running in
the door of the engine house like she was scared
to death, and we run to the door and asked her
what was the matter,

“By Mr. Briel: Objected to.

“Q. Was he present? Where was he? A.
No; he was a half block or more from her.

“Q. She came in scared, and what did you
all do; anything? A. She wanted us to go with
her to her room to get her clothes, and we were
standing there talking about going to the room,
and he came walking up, and he turned in the
corner, in First street I believe, and that was
the first and last time I ever saw him; we went
to her room to get her clothes, and we couldn’t
get them—couldn’t get in, and she told us his
name was James Howard.

“By Mr. Briel: We object to what she told
him.

“By the Court: That is not competent.”

The only portion of this testimony that
could be prejudicial under any supposed state
of facts is the hearsay statement of the de-
ceased as to the identity of the accused. The
appellant admitted the killing and testified
that he passed the engine house at the time
referred to in the testimony of the police
officer. The testimony complained of there-
fore was in no respect prejudicial to appel-
lant’s rights.

Insanity was not relied on as a defense,
and no evidence was introduced in appellant’s
behalf tending to show that he was insane at
the time of the commission of the crime, un-
less it can be inferred from his own testimony.
It is insisted that his testimony discloses
that by reason of a jealous frenzy he was
temporarily insane and did not know right
from wrong, but acted under the influence
of an irresistible impulse, and that it there-
fore became the duty of the trial court to sub-
mit to the jury by proper instruction the
question of the mental condition of the ap-

5 S.W.(2d)—67

Rw oeon 1K OQwa79o ASF

pellant and thus submit to the jury fhe theory
of the defense. The only portion of appel-
lant’s testimony from which any inference
could possibly be drawn that he was insane
at the time the crime was committed is as
follows:

“Q. Did she say she wasn’t going to marry
you? A. She wasn’t going to marry me after
Set and she wasn’t going to give the money

ack.

“Q. Did you ask her to come back home? A.
Yes, sir.

“Q. What did she say? A. She told me she
wasn’t coming back.

“Q. What did you do then? A. Well, me and

her got into an argument, and in a desperate :

passion I stabbed her.

“Q. How many times did you stab her? A.
I stabbed her twice to my knowing, but I read
the paper and it says three times; I don’t know
exactly how many times.

“Q. You don’t know how many times you stab-
bed her? A. No, sir.

“Q. Why did you stab her? A. Well, I don’t
know exactly altogether; I wasn’t to myself.

“Q. What do you mean, ‘You wasn’t to your-
self?? A. Well; I had been drinking some that
night, but of course I don’t know just the effect
of it.

“Q. Did you have anything to drink before
you went up after Lucy at the time you caught
her in Brown’s room, and did you take your
drinks after they put you out of Wesley’s home?
A. I taken the drinks after they put me out of
the house.

“Q. After they put you out Lucy refused to
go back home with you? A. Yes, sir.

“Q. And broke off your engagement? A. Yes,
sir.

“Q. Well; at the time that you met Lucy you
began to persuade her to go back home with
you, did you not? A. I tried to persuade her to
go back home with me.

“Q. You got mad and excited? A. I wasn’t
mad at the time.

“Q. I didn’t hear you? A. I wasn’t mad or
excited at the present time.

“Q. You just got into a little argument, did
you? A. Yes, sir.”

This testimony only reveals that appellant
in a fit of anger killed the deceased. There is
no evidence that he was suffering from any
mental disease, and it is only claimed that by’
reason of a jealous frenzy he became tem
porarily insane and acted under the influence
of an irresistible impulse.

[2,3] Ungovernable passion does not con-
stitute insanity. A paroxysm of jealousy or
sudden anger provoked by the knowledge
that the accused had been abandoned by his
mistress, the object of his lustful affections,
is no excuse for the crime. It is the duty
of one whose will power is not impaired by
disease to govern and control his passions.
Fitzpatrick v. Commonwealth, 81 Ky. 357,
5 Ky. Law Rep. 363. In McCarty v. Com-
monwealth, 114 Ky. 620, 71 S. W. 656, 24 Ky.
Law Rep. 1427, this court said:

“It must be the contention of appellant’s
counsel, that any impulse that at the time may

rc
b/

*Q@c6T=tT-L (Agunop

uosdejjer) dg *Ay *oeTe *yoeTqQ fsouwsre *‘QYVMOH

1058

be irresistible, will excuse homicide. Happily
for society, this is not the law; otherwise an
ungovernable temper, or violent, brutish pas-
sion, or frenzy caused by indignation or anger,
or drunkenness, or altercation, would excuse
such one. Only persons insane, or who have
never reached years of discretion, are not ac-
countable for the commission of crime. Even
then the insanity that excuses is such as de-
prives the person committing the act of his rea-
son or will in that particular transaction. The
irresistible impulse recognized by the law is
that only resulting from mental disease—from
the derangement of the mind caused by a disease
of the mind. It is not material how recently
the derangement may have occurred. A person
acts under an insane, irresistible impulse when,
by reason of the duress of mental disease, he
has lost the power to choose between right and
wrong, to avoid doing the act in question, his
free agency being at the time destroyed.”

[4] There being no evidence tending to show
that appellant was insane at the time of the
commission of the crime, or from which it
could be inferred that he was insane at the
time, the court did not err in failing to give
an instruction presenting such a theory of the
case. The appellant has been given the se-
verest penalty known to the law, but a careful
examination of the record discloses no ground
upon which the judgment should be disturbed.

Judgment affirmed.

(224 Ky. 192)
NORTON COAL MINING CO. v. WILKIE
et al.

Court of Appeals of Kentucky. April 24, 1928.

|. Waters and water courses ¢=>77—In land-
owner’s suit for damages from pollution of
creek, allegation of decrease in rental value
held sufficient.

In action by landowner against a mining
company for injury to land from waste matter
washing into creek from defendant’s lands, alle-
gation in petition that, by reason of defendant’s
wrongful acts, the rental value of the land had
been diminished during a five-year period pre-
ceding suit, held a sufficient allegation on such
point without alleging that plaintiffs did not
receive from tenants the full rental value of
farm for such years; that bring matter of proof
on question of damages.

2. Waters and water courses €=>77—In action
against mining company for injury to land
from pollution of creek, evidence held too
vague to support verdict for plaintiffs.

In landowner’s action against coal mining
company tor injury to land resulting from the
pollution of a creek bounding and running
through plaintiff's land, evidence held too vague
and intangible to support verdict for plaintiff as
to damages.

3. Waters and water courses €—77—Jury can-
not speculate on amount of damage to land-
owner by mining company’s pollution of creek.

In action by landowner against coal mining
company for pollution of creek resulting in in-

a ve

5 SOUTH WESTERN REPORTER, 2d SERIES (Ky.

jury to land, that witnesses testified rental val-
ue of the land had been reduced one-half was
not sufficient in determining damages, where
total rental value of land for years in question
was not established, since a jury cannot be left
to speculate as to the amount of damages.

4. Vendor and purchaser @=>218—Purchasers
could not recover from mining company dam-
ages for pollution of creek, resulting from
conditions existing when farm was purchased,
where conditions were, or might have been
known.

In action by landowner against coal mining
company for damages to farm by the pollution
of a creek, helt that landowner could not re-
cover against such company for any damages
growing out of conditions which existed at time
farm was purchased, and which conditions were
known, or might, by the exercise of ordinary
prudence, have been known, by the purchasers
at time of purchase.

5. Waters and water courses 6—>77—For land-
owner to recover for injury from pollution of
creek over period of years, each year’s condi-
tions must be shown for determination of ex-
tent of damage.

In action by landowner against coal mining
company to recover for damages to land and
crops, extending over five-year period, by de-
fendant’s pollution of a creek, plaintiff must
show all of the conditions for each year in such
a way that a jury may reasonably determine
the extent to which crops were damaged by de-
fendant’s wrongful acts.

6. Waters and water courses 6=>76—Measure
of damages for crop Injury from pollution of
creek is difference in value of crops produci-
ble under other conditions and crops pro-
duced.

In action by landowner against coal mining
company for pollution of creek by operation of
a washery, resulting in damage to farm crops,
measure of damages is the difference in value
of the crops which would have been produced
but for the operation of the washery and the
crops which were produced with the washery in
operation.

7. Damages €=>208(1)—Whether defect in neg-
ligently constructed permanent structure
damaging another’s land could be remedied at
reasonable cost is for jury on conflicting evi-
dence.

In action by landowner against another for
injury to plaintiff's land, caused by the negli-
gent construction of a permanent structure,
whether the defect could be remedied at reason-
able cost is for the jury on conflicting evidence.

8. Waters and water courses @€=>76—Landown-
er, damaged by pollution of creek, cannot re-
cover damages avoidable by exercise of ordi-
nary care.

Landowner, suffering damage from the pol-
lution of a creek, could not recover damages
which he might have avoided by the exercise of
ordinary care.

Court, Hopkins

Appeal from Circuit

County.

¢>For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

ie

Ky.) NORTON COAL MINING CO. vy. WILKIE 1059
5 8.W.(2d)

Action by L. P. Wilkie and others against
the Norton Coal Mining Company. Judgment
for plaintiffs, and defendant appeals. Re-
versed and remanded.

C. J. Waddill, of Madisonville, for appel-
lant.

Charles G. Franklin and J. A. Jonson, both
of Madisonville, for appellees.

LOGAN, J. Appellees own a farm in Hop-
kins county near the town of Nortonville
through which flows Pleasant Run creek,
The farm consists of 231 acres. The creek
bounds the farm for a distance, and then
flows entirely across the farm emptying into
Drake’s creek, which creek forms the bound-
ary to the farm for some distance.

Appellant operates a coal mine near Pleas-
ant Run creek and in its watershed. A few
years before the institution of this action, ap-
pellant installed a coal washing plant near
Pleasant Run creek and within the water-
shed of that creek.

Appellees alleged in their petition that ap-
pellant had caused water, Slack, coal, and
other waste matter to be thrown on the sur-
face in the watershed of Pleasant Run creek,
which substances flowed into the tributaries
of that creek, thence into that creek, and as
a result thereof these substances were cast
upon the farm of appellees. It is alleged
that these substances from the mines of ap-
pellant were impregnated with copperas and
other deleterious matter, which rendered
them destructive of crops, timber, and soil.
It is further alleged that the waters of
Pleasant Run creek and Drake’s creek had
been polluted, poisoned, and contaminated to
such an extent as to destroy vegetable and
animal life, and to render the water unfit for
use for stock purposes, and that the crops
growing upon the farm of appellees had been
injured and destroyed. The allegations of
the petition are that the reasonable rental
value of the farm of appellees has been dimin-
ished during the five years next before the
commencement of this action in the sum of
$3,000. It is alleged that the injury to the
farm was temporary, and that it could have
been prevented by appellant at a reasonably
small cost.

The answer contains a traverse, a plea of
contributory negligence, and a further plea
that the matters complained of by appellees
in their petition existed at the time they
purchased the farm, and that the farm was
purchased with actual notice of the condi-
tions.

In an amended answer, appellant went more
into detail concerning the alleged contribu-
tory negligence. It alleged that the creeks,
channels, water courses, and ditches had not
been properly attended to by appellees; that
the drainage of the farm had not been prop-
erly looked after, and that, because of the
failure of appellees to exercise ordinary care

for the protection of their farm, appellant
could not be held responsible for the alleged
injury to the land and crops.

A jury heard the proof and instructions of
the court, and returned a verdict in favor of
appellees for $2,000. The motion and grounds
for a new trial embrace all of the grounds
mentioned in the Code. We shall consider
those discussed in the briefs.

[1] The first alleged error complained of
is that the court should have sustained the
demurrer to the petition. It is pointed out
that the petition does not allege that appel-
lees did not receive from their tenants the
full rental value of the farm for the years
mentioned in the petition. The petition aptly
alleged that, by reason of the wrongful acts
of appellees, the rental value of the land had
been diminished during the last five years
immediately preceding the institution of the
suit. The allegation on this point was suffi-
cient. It was a matter of proof as to wheth-
er appellees had been damaged by reason of
the alleged injury to the land and the crops
grown thereon during the years in contro-
versy.

[2] It is next urged that the evidence is not
sufficient to support the verdict of the jury.
A consideration of this ground requires a
statement of the facts developed on the trial.
The farm was purchased by appellees in the
fall of 1918. It is Subject to overflow fre-
quently. All of the farm, except two or three
acres around the house, was covered by
water at times during each year. The en-
tire farm is flat, and the elevation is but a
few feet above the level of the water in the
creeks at normal stage. Pleasant Run creek
had carried copperas water, sediment, ang
refuse from slack piles several years prior to
the purchase of the farm by appellees, and,
in fact, for several years prior to the com-
mencement of operations by appellant. Ap-
pellees purchased the land with knowledge
of these conditions. There is no contention
that appellant should be held responsible to
appellees for damages caused by the copperas
water, slack, and refuse which had been car-
ried by the water of the creek prior to the
time that appellees purchased the farm. Ap-
pellant erected a coal washery at its Norton-
ville Mine in the fall of 1922 for the purpose
of washing the coal for market. There is a
lake near by, and the water used in washing
the coal was pumped from the lake of pure
water. There were settling basins in connec-
tion with the washery which were supposed to
receive the coal sediment and refuse from the
water used in washing the coal before it
passed into the tributaries of Pleasant Run
creek.

[3] The evidence established that all of the
coal sediment was not deposited in the set-
tling basins, and that coal dust and other sed-
iment remained in the water when it flowed
into Pleasant Run creek. Prior to the eree-
tion of the washery, the water in these creeks

‘
ou

cuse; it being immaterial at what time before

200 SOUTHWESTERN REPORTER (Ky.

Only two grounds are urged for a rever-

the homicide such determination was formed. sal: (1) The verdict is not sustained by the
[Ed. Note.—For other definitions, see Words | evidence; (2) the court erred in permitting
and Phrases, First and Second Series, Malice the witness Joe Bennett to be recalled and

Aforethought.]

8. HomicipE @-=282—QUESTIONS FOR JURY.
Evidence held to present question for jury

whether two defendants as principal and as nid-

to testify to a fact in contradiction of his
former testimony. .

The evidence for the commonwealth de-

er and abettor respectively were guilty of mur-| veloped the following facts: Jim Howard,

der or manslaughter,

Harry Porter, George Napper, Gladys Mc-

4. HomicipE €>276—QuEsTIONS FOR JUBY— | Haagen, and Frank Donaldson, left a dance

Serr- DEFENSE.

3 i d then pro-

evi ld to present jury question hall known as the “Divy,” an
idiaher we pulastents as principal and as aid- | ceeded to Caldwell and Ninth streets in Pa-
er and abettor respectively killed deceased in| qycah While there they were joined by

self-defense or in defense of each other.

Hill, They had a drink or two of gin, and

5. Criminal Law €=06614—Recatt—Con- were laughing and talking. While there, Ro-

TRADICTION OF Former TrestTIMOoNY—DIs-
CRETION OF COURT.

maine and another officer approached the

It being within the sound discretion of the party. Before reaching the party the other
trial court to permit a witness theretofore ex- officer turned back. Porter went into a house
amined to be recalled to make correction in tes- te haiwets 6 guitar, bet G6 det ok & Ebest

timony, it was not error, in prosecution for

, to permit witness, who had stated sev-|this time Romaine overtook the crowd, and
en ig that accused made no remark about | said: “You boys had better get in. If you
a policeman, to be recalled after consulting with don’t, I will have to carry you down.” The

prosecuting attorney to testify that accused
had said that he was going to kill a policeman.

crowd then went to the railroad crossing,

6. CrmuinaL Law €-=11864)—Apprat—Re-| when Donaldson looked around and said,

VERSAL,

“Here comes the oflicer, and I am going on

The court on appeal from a conviction oe because I don’t want to get arrested.” Some
not reverse, unless on consideration of the whole one anid, “Let‘s wait and eee what he wants.”

case there was error prejudicial to the substan-

tial rights of the defendant, in view of specific | Romaine then appeared, and, addressing Jim

provision of Cr. Code Prac. § 340.
Sampson, J., dissenting.

Appeal from Circuit Court, McCracken
County.

Jim Howard and Harry Porter were con-
victed of murder, and they appeal. Affirmed.

Browning & Krone, of Paducah, for appel-
lants. Chas. H. Morris, Atty. Gen., and
D. M. Howerton, Asst. Atty. Gen., for the
Commonwealth,

CLAY, C. In the month of September,
1917, the grand jury of McCracken county in-
dicted Jim Howard, Harry Porter, George
Napper, and Charley Lee Hill for the mur-
der of Will Romaine. The indictment con-
tains four counts. The first count charges
that the four defendants jointly killed Ro
maine. The second count charges that Jim
Howard did the killing, and that the other
three defendants were accessories before the
fact. ‘The third count charges that Jim
Howard did the killing, and the other three
defendants were present aiding and abet-
ting him in the commission of the offense.
The fourth count charges a conspiracy be-
tween the defendants and the commission of
the murder pursuant to that conspiracy.
The motion of George Napper and Charley
Lee Hill for separate trials was sustained.
The commonwealth then elected to try Jim
Howard and Harry Porter first. The jury
found them guilty, and fixed the punishment
of Jim Howard at death, and that of Har-
ry Porter at imprisonment for life. Judg-
iment was entered accordingly and they ap-

Howard said, “I want you to stay off my
beat—I told you to stay off my beat.” How-
ard replied, “As long as I ain’t doing noth-
ing, I got a right to stay up here.” Then
Romaine said to George Napper, “I want
you, too, stay off my beat.” George said,
“All right.” Then, addressing Jim Howard
again, Romaine said, “I will carry you to
town now; you talk so big.” Howard re-
plied, “I ain’t doing nothing, and I am going
to stay up here until I get ready to go.”
Then Romaine said, “I will carry you down
now.” Romaine then drew his pistol, and,
according to Donaldson, Harry Porter threw
his arms around Romaine, and knocked the
pistol down. Howard then fired three shots.
When Porter grabbed Romaine, he said,
“Don’t shoot my brother; that is my broth-
er.” Donaldson gave to the jury a prac-
tical illustration of how Porter took hold of
Romaine. ‘The officer fell, and the crowd
left. According to Gladys McFadden, “Por-
ter walked up behind Romaine and grabbed
him just that way (indicating) and threw
his hands down, and then Jim Howard shot
Romaine.” According to the evidence of
Charley Lee Hill, Romaine said: “You will
have to stay off my beat. Every time you
come up here, you raise a disturbance.”
Howard said, “I don’t have to stay from
here because I live up here, and I will come
up here when I get ready.” Romaine said,
“If you don’t stay away, I will ride you.”
Howard said, “You ain't got no right to ride

backed off, and Romaine said, “I will ride
you.” Romaine then pulled his gun, and

peal.

Porter caught his hand, and Howard shot

@-—>For other cases see same topic and KEY-NU

MBER in all Key-Numbered Digests and Indexes

me; I ain’t done nothing.” Howard then:

~J) HOWARD v. COMMONWEALTH 81

him. When Howard and Porter were
brought before the police judge, Porter ac-
cused Howard of being the man who killed
the policeman, whereupon Howard said,
“Well, did he tell you what part he played
in it too?’ It was further shown that while
the chief of police was bringing Howard
and Porter from Mayfield to Eddyville, Por-
ter said Howard shot Romaine, while How-
ard stated that Porter grabbed Romaine'’s
hands and held them. Joe Bennett testified
in answer to several questions that he did
not hear Jim Howard say anything about a
policeman. After other witnesses were ex-
amined, Bennett was recalled and permitted
to testify in substance that shortly before the
homicide, Howard said that he was going
to kill Romaine if he got a chance. In ex-
planation of the change in his testimony, he
said, “They recall my memory back to it.”
When asked who reminded him of it, he
said, “I was speaking to that gentleman
there” (pointing). It developed, however, on
(Toss-examination, that Howard merely said,
“I am going to kill a policeman to-night,”
and witness did not know then of whom he
was talking.

Jim Howard testified, in substance, as fol-
lows: Romaine, after saying, “I told you ne-
groes I wanted you to go home and quit all
this racket,” said to Howard, “I told you to
stay away from here anyway.” Howard said,
“Mister, I am not doing anything, I am not
cutting up.” Romaine said, “If that is the
case, you won't get to cut up none. I told
you to stay away from here.” Romaine then
threw his pistol on him, and Porter grabbed
him, and witness shot. Witness was scared,
and shot Romaine to protect his own life.
Previous to that time he had not had any
trouble with Romaine. Witness shot three
times, once as soon as Romaine drew his
pistol and twice after Porter had hold of
his hand. According to the evidence of Por-
ter, Romaine said to Howard, “Negro, I
thought I told you to stay away from up
here.” Jim said, “I ain't doing nothing;
I live up here.” Romaine then said, “Well,
you will stay away from up here, and threw
his pistol up that way (indicating).” Wit-
ness caught hold of his hand that way (in-
dicating), and Howard shot him. After
Howard fired the shots, witness wrung the
Pistol out of the policeman’s hands. At the
time he didn’t know that Howard was going
to shoot the policeman, but was afraid the
Policeman would kill him.

[1-4] It is argued for appellants that, aside
from the statement of Joe Bennett, which
was inadmissible, the evidence did not jus-
tify a conviction of murder. In support of
this position, the point is made that all the
evidence goes to show that the killing was
done either in self-defense or in sudden heat
and passion or in sudden affray and with-
out previous malice. For reasons hereinaft-

Bennett was properly admitted. It must
also be remembered that malice in the sense
of hatred or malevolence toward the deceas-
ed is not necessary to be shown in order to
Support a verdict of murder. On the con-
trary, malice means the intentional doing of
a wrongful act toward another without legal
justification or excuse, and malice afore-
thought means a predetermination to kill
without legal justification or excuse; it being
immaterial at what time before the homicide
such determination was formed; and such
malice may be inferred from the circumstanc-
es attending the homicide. Fields vy. Com-
monwealth, 152 Ky. 80, 153 8S. W. 29. Taking
into consideration Porter’s prior statement
that he intended to kill a Policeman, and the
further fact that Romaine, the policeman,
ordered the negroes off his beat shortly before
the homicide, coupled with circumstances
tending to show that Romaine drew his pis-
tol merely for the purpose of effecting the
arrest, and not for the purpose of shooting
either of the appellants, and that Porter
held Romaine’s arms and Howard fired the
shots, when neither he nor Porter believed,
and had reasonable grounds to believe, that
either was then in danger of death or great
bodily harm at the hands of Romaine, it
was for the jury to say whether Howard as
principal and Porter as aider and abettor
were guilty of murder or manslaughter, or
were entitled to an acquittal on the ground
of self-defense or the defense of each other.
(6] But it 1s argued that, inasmuch as
Joe Bennett stated two or three times on his
first examination that Howard did not make
any remark about a policeman, it was error
for the court to permit Bennett to be recall-
ed after he had been in consultation with the
commonwealth’s attorney, and testify that
Howard stated that he intended to kill a po-
liceman. The rule that it is within the
sound discretion of the trial court to permit
a witness who has theretofore been examined
to be recalled for the purpose of making a
correction in his testimony is generally rec-
ognized and approved by the courts (State v.
Mays, 24 S. C. 190; Walker v. Walker, 14
Ga. 242; Jesse v. State, 20 Ga. 156; Moses
y. Ela, 43 N. H. 557, 82 Am. Dec. 175; Mims v.
State, 68 Tex. Cr. R. 432, 153 S. W. 321);
and we perceive no good reason why this
rule should not apply to a witness for the
commonwealth merely because in the mean-
time he has been in consultation with the
commonwealth’s attorney. This circum.
stance, and the fact that he testified to the
contrary on his original examination, affect-
ed only his credibility as a witness, and were
therefore matters to be considered solely
by the jury in determining what effect should
be given to his testimony. Here it clearly
appears from Bennett’s testimony that the
mistake in his former testimony had been
called to his attention, and that he desired to

er referred to, we think the evidence of Joe

correct the mistake. Under these circum-


Sa 200 SOUTHWESTERN REPORTER (Ky,

stances the trial court did not abuse its dis-
cretion in permitting him to be recalled and
to testify for that purpose.

[6] Under our Code and the repeated de-
cisions of this court, we are not at liberty
to reverse a judgment of conviction in a crim-
inal case, unless upon a consideration of the
whole case we are satisfied that an error
prejudicial to the substantial rights of the
defendant has been committed. Criminal
Code, § 340; Overstreet v. Commonwealth,
147 Ky. 471, 144 S. W. 751. In this case no
such error appears, and it therefore follows
that the judgment must be affirmed and it is
go ordered.

SAMPSON, J., dissenting.

es
(178 Ky. 805)
LAMASTUS et al. v. MORGAN’S COM-
MITTEE et al.

(Court of Appeals of Kentucky. Jan. 25, 1918.)
1. Wrrnesses ¢41—CapaciTY—INSANE PER-

8SONB.

In view of Civ. Code Prac. § 606, subsec. 2,
as to testimony concerning transactions with
insane persons, the fact that one has been ad-
judged of unsound mind does not conclusively
determine his incompetency as a witness, but
generally, although one has been adjudged in-
sane, he is competent if capable of observing
accurately and stating correctly what he ob-
serves, and understands the nature and obliga-
tion of an oath.

2. APPEAL AND ERno0g @-=203(8)—CapPaciTy—
INSANE PERSONS,

Where no objection was made to the testi-
mony of a person whose committee sued, and
no objection was made to the testimony of the
adverse parties against such person on account
of his unsoundness of mind, it must be presumed
that he was of sound mind when he and the ad-
verse parties testified, and all the testimony
must be considered.

8. REFORMATION OF INSTRUMENTS @=>17(2) —
GrouNDs—MISTAKE.
Where a draftsman makes a mistake in the
reparation of a deed, equity will afford relief
3 directing its reformation so as to effectuate
e intention of the parties.
4. REFORMATION OF INSTRUMENTS @=>45(4) —
GrouNDs — MIsTaAKE — QUANTUM oF EvI-
DENCE.

To warrant reformation of .deed on account
of mistake, the proof thereof must be full, clear,
and decisive, and of higher degree than is re-
quired for rescission of a contract.
5. REFORMATION OF INSTRUMENTS €=>19(1)—

GROUNDS—MISTAKE. ;

Mistake, to justify reformation of written
contract, must be mutual between the parties.
6. DeEDs ¢==211(2)—Grounps—MIsTaKE—Ev-

IDENCE—SUFFICIENCY.

Evidence held to show mistake of both par-
ties to deed to land by omitting a tract intended
to be conveyed so as to warrant its reformation.

Appeal from Circuit Court, Warren County.

Two suits by A. 8S. Lamastus and others
against D, O. Morgan’s Committee and others,
and by D. O. Morgan’s Committee against W.
H. Glenn and others. The actions were con-
solidated. Judgment dismissing the petition
of Lamastus and others, and they appeal.

B. F, Wallace, of Bowling Green, for appel-
lants, Jno. B. Grider, of Bowling Green, for
appellees,

HURT, J. On February 10, 1908, Nettie
Glenn and her husband, W. H. Glenn, sold
and conveyed to D. O. Morgan, In considera-
tion of $340 in cash paid to them, an undi-
vided one-half interest in two adjoining
tracts of land. One of the tracts, as it ap-
pears from the deed, contained 43 acres, but
the number of acres contained in the other
tract does not definitely appear, except that
it was about 30 to 40 acres. On the 27th day
of July, 1908, D. O. Morgan executed a deed
to W. H. Glenn for his interest in the 43-
acre tract of land, for a consideration, as re-
cited in the deed, of a note of the grantee for
the sum of $385. On September 16, 1908, W.
H. Glenn and his wife, Nettie Glenn, con-
veyed the whole of the two tracts of land to
Sally Glenn. Thereafter Sally Glenn sold
and conveyed both of the tracts of land to
the appellant A. S. Lamastus. Upon the ex-
ecution of the deed by Morgan to W. H.
Glenn, the latter took possession of both
tracts of land, and held and controlled them
until he sold and conveyed the lands to Sally
Glenn. She took possession of both tracts,
and held them until her sale and conveyance
to Lamastus. Thereafter D. O. Morgan was
adjudged, in the county court, to be an im-
becile and of mind too infirm to control and
manage his property, and a committee was
appointed to hold and manage his estate for
him, Thereafter, on September 1, 1913, the
committee of Morgan, uniting Morgan with
him, filed an action against Lamastus, in
which it was claimed that Morgan was a
joint owner with Lamastus of the two tracts
of land heretofore mentioned, and asked that
a division of the lands be had and an allot-
ment, in severalty, to each of them of his in-
terest therein. Lamastus filed an answer and
amended answer, in which he denied that
Morgan owned any interest in either of the
two tracts of land, and alleged that, at the
time W. H. Glenn purchased from Morgan the
one-half interest of Morgan in the 43-acre
tract, for the same consideration, and as a
part of said contract, he purchased from Mor-
gan his interest in both of the tracts, but
that by inadvertence of and mistake of the
draftsman of the deed from Morgan to Glenn
a description of one of the tracts was omitted
from the deed. He further alleged that W.
H. Glenn had paid Morgan the consideration
for his interest in both tracts of land, and
asked that the petition be dismissed, and that
the deed from Morgan to W. H. Glenn be re
formed so as to include the boundary of both
tracts of land. The allegations of this an-
swer and amended answer were denied, and
for some reason or other this suit was there-
after stricken from the docket, with leave,

Reversed and remanded.

however, to reinstate it.

@—For other cases see same topic and KEY-NUMBER in al) Key-Numbered Digests and Indexes

;

y.) LAMASTUS vy. MORGAN’S COMMITTEE 33

Thereafter, on January 20, 1916, the appel-
lants, Lamastus and W. H. Glenn, and Nettie
Glenn, his wife, who had warranted the title
to all of both tracts of land to Sally Glenn,
the vendor of Lamastus, joined as plaintiffs
and instituted an action against Morgan and
his committee, in which they alleged that
Morgan had sold to W. H. Glenn his undi-
vided one-half interest in each of the tracts
of land, and that Glenn had paid him there-
for the consideration of $385, but by mistake
of the draftsman of the deed and by a mu-
tual mistake of the parties, the description of
one of the tracts of land was omitted from
the deed, and, further, that they had only re-
cently learned of the mistake, and prayed for
a reformation of the deed so as to have it
embrace a description of both tracts of the
land. The appellee D. O. Morgan, by his com-
mittee, denied the sale by him of his interest
in the tract of land not described in the deed
to Glenn, and further denied that the de-
scription of it was omitted from the deed by
any mistake of the draftsman or by mutual
mistake of the parties to the deed. They
further denied that the purchase-money note
of $385, executed by W. H. Glenn to Morgan,
had ever been paid, and asserted a lien upon
the land to secure the note, and asked that
the interest in both tracts formerly owned by
Morgan be sold in satisfaction of the note.
The failure to pay the note was denied by
reply. The suit of Morgan, by his committee,
against Lamastus, for a division of the lands,
was, by an order of court, placed again upon
the docket and consolidated with the suit with
Lamastus, Glenn and his wife against Mor-
gan and his committee. Upon a hearing the
court denied Lamastus, Glenn, etc., the relief
sought in their petition pertaining to the
reformation of the deed from Morgan to W.
H. Glenn, and adjudged that the petition be
dismissed. Lamastus, W. H. Glenn, and Net-
tie Glenn have prayed an appeal from that
Judgment to this court. No judgment of any
kind was rendered in the case of Morgan's
committee against Lamastus.

The contention of appellants is that the
evidence offered on the trial proved the alle-
gations of their petition with reference to
their claim that Morgan had sold his interest
in both tracts of land to Glenn, and that
Morgan’s interest in one of the tracts of
land was omitted from the deed from him
to Glenn by the mistake of the draftsman
and the mutual mistake of Morgan and Glenn,
and that it was the intention of both Morgan
and Glenn that the interest in both tracts of
land should be conveyed by the deed, and
that was what they Purposed to do, and
that the court was in error in adjudging
that they were not entitled to have a refor-
mation of the deed, so that it would em-
brace within it a conveyance of Morgan’s
interest in both tracts of land.

[1] The appellants’ pleadings allege that

court, been declared of unsound mind and
a committee appointed for the management
of his estate, and that such judgment of con-
viction of unsoundness of mind does not ap-
pear to have been set aside by any subse-
quent inquest for that purpose. No objec-
tion was made to the depositions of W.
H. Glenn and Lamastus, upon the ground
that Morgan was of unsound mind at
the time the testimony was given, nor
was there any objection made to the dep-
osition and testimony of Morgan, upon the
ground that he was of unsound mind and
incapable of testifying as a witness. It is
true that subsection 2, § 606, Civil Code,
provides that one shall not testify for him-
self concerning any transaction with or ver-
bal statement made by or anything done or
omitted to be done by one who is of unsound
mind at the time the testimony is offered to
be given, except for the purpose and to the
extent of affecting one who is living, and
who, when over 14 years of age and of
sound mind, heard such statement or was
present when such transaction took place, or
when such act was done or omitted, unless
the person of unsound mind shall, when of
sound mind, have testified against such per-
son with reference thereto. The fact that
one has been adjudged of unsound mind does
not conclusively determine that he is incom-
petent to testify as a witness, either in his
own behalf or in behalf of another. The ef-
fect of it, however, is to raise the question
of his competency, when the judge must then

determine from his appearance, conduct.
speech, and any testimony that may be of-
fered whether or not he is competent to tes-
tify. The general rule is that, although one
may be adjudged to be insane, he is a compe-
tent witness where he is capable of observ-
ing accurately and stating correctly what he

observes, and understands the nature and
obligation of an oath. City of Covington v.

— 183 Ky. 762, 119 8. W. 187; 40 Cyc.

[2] In the instant case, no objection

having been made to the testimony of Morgan,

nor any objection having been made to the

testimony of Lamastus and Glenn against

him, on account of his unsoundness of mind,

it can only be presumed that Morgan was

of sound mind when he gave his deposition,

and when that of Lamastus and Glenn were

given, and all will be considered for the pur-

pose of determining the issue made in the

pleadings.

[3] It is a well-settled principle that, where

a mistake has been made by a draftsman

in the preparation of a deed, a court of equt-

ty will afford relief by directing a reforma-

tion of the deed, so as to carry out the in-

tention of the parties when the deed was

made. Griffith v. York, 152 Ky. 16, 153 &.

W. 31; Nutall v. Nutall, 82 S. W. 877, 26 Ky.

Law Rep. 671; Dean v. Hall, 105 8S. W. 9&

Morgan had, by a judgment of the county
200 8.W.—8

31 Ky. Law Rep. 1306; Noel’s Ex’r v. Gila


which she can change her appearance
are almost innumerable. The male op-
erative can never know: the joys of
such transformation; he usually has
io go to considerable trouble to change
his appearance. But we shall leave
their troubles to them.

When you are taking up the trail,
you must not get too close to the sub-
ject, for he may turn around and start
back, which would: be disastrous—for
you too would have to turn around
and walk back, and make him’ sus-
picious. If you are too close, the sub-
ject may remember you, and, in a
short while, realize he is being fol-
lowed. Neither must you lag too far
behind, because the subject may turn
a corner and disappeat in a street car
or cab. In some cases, you. should
not even walk on the same side of the
street with the subject.

Since circumstances are different for
cach case, no hard rules can be laid
down. The time of day or night, wheth-
er the street is quiet or busy, the speed
ut which the subject walks, all direct-
ly influence the position and specd of
the shadower. On a quiet street, and
with an unsuspicious subject, you
should walk at a distance of between
fifty and one hundred yards at the
rear, depending upon circumstances.
You should also be on the opposite
side of the street. But on a busy street
you must cut the distance down to
about five yards, staying on the same
side of the street with him. If the
street is unusually busy, as in a shop-
ping district, you can follow at one
yard. Be careful to adjust your speed

The Headless Horror That Was

disconsolate and there was nothing
McDermott or I could say to comfort
him. He insisted on remaining-until all
the water had disappeared and then
he himself walked over the white bot-
tom to see for himself that the missing
head was not there someplace, hidden
from sight.

This dramatic failure was indeed a
great blow. We had no idea where to
continue the search. Posses of aroused
farmers began beating through woods
and swamps and dragging streams and
ponds for miles around the Locke
place. The Miami & Erie Canal in Cin-
cinnati_ was even drained in several
spots. But as days passed and the
head did not turn up we realized that
decomposition probably would have
obliterated all means of identification.
even if it were found. However, by

this time our investigation was moving

rapidly in other directions:

‘Within a few hours after the torso.

had_been discovered newspaper extras
in Cincinnati had spread word of the
ghastly tragedy and, as the mystery
became more involved, reporters from
papers in other cities began flocking
in on us. We gave them all the assis-
tance we could and they cooperated
by publishing complete descriptions of
the mystery girl and her apparel.

Just as it invariably happens today,
we received many tips and suggestions,
and not a few persons called to view
the remains, fearfully hoping that they
might recognize a missing relative. But
our hopes of success in this fashion
died as each of these possible identifi-
cations failed, one by one. I became
more convinced than ever that if we
were to crack the mystery we would
have to do it by tracing the wearing
apparel. :

GARMENTS in those days were not

labeled as they are today. We had
found the tag of an Eastern woolen
mill on the union suit, but decided it
would not aid us much. The other
articles had borne no marks except
the shoes, and to those I gave special
attention. :

They were tiny, black and had cloth
uppers and patent button-fasteners of
a style popular with girls of that
period. They were practically new and
we judged they hadn’t been worn more
than a half-dozen times. The manu-
facturer’s name was not printed on
them anywhere, but I was intrigued

40

to that of the subject, and be prepared
for emergencies, such as turning back,
turning a corner, or darting into a
building.

On my first case, in a crowded street,
I was so anxious not to lose the sub-
ject that I walked as fast as he did, at
about one yard, which was proper, but
I made the mistake of walking directly
behind him, instead of off to one side.
We were both walking rapidly. Sud-
denly he turned and crashed into me.
Naturally, I dropped the trail right
there; the subject would have remem-
bered me had he seen me again that
day and, rather than jeopardize the
case, I discontinued. In most cases, this
is the proper procedure; it is usually
covered in the general orders of the
particular agency you work for. If not
covered, you can only use your own
judgment, {

iF THE subject enters a restaurant,

you must do the same to see. whom
he or she meets and also to eat.
In this work, you never know when
yowll be able to eat again. But you
must remember this important rule:
Never, under any circumstances, order
anything that takes time to be pre-
pared. If you do, and the subject fin-
ishes before you do, you either have
just started on your own order or it
has not yet been filled, and you must
leave hungry. Order something that
can be brought immediately, such as
soups, which are nourishing and filling,
and hot. sandwiches. Be sure to drink
some hot coffee or chocolate, as this
is sustaining. Carry one or two choco-

by a series of numbers stamped on
the inner side. These were: -22-11-
.62458.

McDermott was with me one hun-
dred per cent in my desire to attempt
to trace these numbers, though Sheriff
Plummer was inclined to scoff. He
changed his opinion, however, when a
shoe clerk explained that the digits
constituted what was known as the
“French system” of marking. The first
four digits—22-11—indicated that the
shoes were size three and of B width,
or last. The remaining digits repre-
sented the manufacturer’s lot number.

“Then it is possible that if I find out
who made this shoe, the company can
tell, from the lot number, where it
was sold?” I asked.

: “That’s right,” .the clerk replied.
“And furthermore, you’d better check
up with the Drew-Selby Company be-

“cause I know they make that type of

shoe.”

McDermott and I sprinted out of the
store and within a few minutes we

-were closeted with the Cincinnati rep-

resentative of the Drew-Selby Com-
pany which had a big factory in
near-by Portsmouth, Ohio.

“Yes, that’s our shoe all right,” the
representative said, “but I don’t know
whether or not the factory will beable
to help you.”

Nevertheless, we were making prog-
ress and I was elated. We hurried
back to the detective bureau and I
soon had the shoe company offices on
the phone. :

Yes, they had sold a large number
of pairs of the cloth-top shoe, lot No.
62458, in the vicinity of Cincinnati
and if it was urgent they would call
me back with the names of the firms
that had purchased them.

McDermott and I fidgeted and paced
the floor waiting for that call. I an-
ticipated that we would have the
names of a large number of shoe re-
tailers to check. and made arrange-
ments for a half-dozen other detectives
to give us a hand. But when the mes-
sage finally arrived, I was pleasantly
surprised.

“According to our records, Mr.
Crim,” I was told, “the only firm in
your entire territory which purchased
that particular lot number was the
Lewis & Hays store in Greencastle,
Indiana. We delivered them a dozen
pairs of that number.”

My face must have been beaming

late bars in your handbag} these help
materially in cases where you do not
get a chance to eat. If you smoke, by
all. means have ja cigarette at every
Opportunity.

Shadow work is exciting but it is
also nerve-wracking, and for this rea-
son, you must take advantage of any-
thing that will prevent “edgy” nerves.
The hints just given are from experi-
ence. |
‘ In street cars, restaurants and simi-
lar places, get as close to the subject
as you can without exciting suspicion;
but never place yourself directly be-
side or in front of the subject when
you can help it; in this way, the sub-
ject will not have a chance to observe
you closely. kui

Most novices at shadow work have a
great fear that as. soon as a subject
looks at them, they have been dis-
covered. This is not true; It is only
the new operative’s imagination and
must be conquered, In time, you'll be-
come an expert at knowing whether
the subject is merely regarding you
casually, or whether your “number is
up.”

Another important thing to learn
when following the subject is when
he is going to turn around. This would
seem impossible, but any experienced
operative always knows when the sub-
ject is going to turn around or look
back. This knowledge may be partly
intuition or sixth sense; but it is also
the result of trained powers of ob-
servation. Either the subject slows up,
even though it be ever so slightly, or
moves his body slightly before moving

the head. In any case, you can se

if you are watching for it; but you
cannot relax your vigilance for even
one minute. Knowing when a subject
is going to turn puts you in a strategic
position, for you can slacken your pace,
or even walk up on someone's doorstep
and pretend to ring the bell, or, where
possible, look into a store window.
Naturally, any simple gesture you can
make helps to dispel the suspicions of
your subject.

If you have followed the subject for
some time, and he has not looked
around more than would be usual ot
normal, when the subject suddenly
chans*s to a quickened stride, a sud-
den turning of corners and repeated
backward looks, then you can be pretty
sure you have been spotted.

Shadow work is difficult, but it is
exciting, and it possesses the clement
of action, both of which factors might
be absent in routine investigation
Moreover, you are in actual contact
with the subject, and there is great
satisfaction in outsmarting him. Most
investigations are objective, and one
has to battle with facts, or the lack of
them. But in shadow work there is a
battle of personalities. The successfu!
shadower is the one who seldom comes
out “second best” in such encounters.

This is my own favorite phase of my
profession. I will describe others at
another time.

Watch for Evelyn M. Shirley’s
further revelations about her own
career and her advice to interested
professional women.

Pearl Bryan \ (Continued from Page 38)

when I hung up, for McDermott looked
at me, read the good news in my eyes,
and grinned.

“Just one store over in Greencastle,
Jack,” I exclaimed. “We can catch a
train over there tonight.”

On February 4, we presented our-
selves at the Lewis & Hays store ard
within fifteen minutes were poring
over their sales records. They had sold
nine pairs of the original dozen and
had the names of all the purchasers.

ig SEEMED too good to be true. In-

side of half an hour, by telephone
and messenger, we accounted for six
of the nine pairs.

“A sister of one girl who bought a
pair runs a millinery shop right down
the street here,” a clerk volunteered.
He ‘paused, then snapped his fingers.

“Yes, sir! And come to think of it,-

now, I sold her those shoes and she
bought a size three B.” :

“What girl? Where?” I demanded.

“Pearl Bryan. Her sister runs a
tha a store just a few doors from

ere.”

Halting only long enough to get the
address, McDermott and I were on our
way, and presently we had located Mrs.
Maud Stanley, the sister of Pearl
Bryan, and a brother, Fred Bryan.
Both appeared strangely upset.

“I am Detective Crim of the Cin-
cinnati’ Police Department,” I began.
“We have discovered that your sister,
Pearl, bought the shoes that were
found beside the body of the girl mur-
dered over near Fort Thomas, Ken-
tucky. Can you tell us where your
sister is now?”

I scarcely expected my words would
have the crushing effect that they had.
Mrs. Stanley slumped forward, buried
her face in her hands and began sob-
bing. Fred Bryan sank into a chair. It
was almost a minute before he spoke.

“Yes,” he said, shaking his head
slowly. “We were beginning to wonder
only this morning if Pearl wasn’t that
girl killed over there.”

He stopped and tears welled up in
his eyes. McDermott and I exchanged
glances. We had made a spectacular
step toward solving our baffling mys-
tery, but the sadness of the moment
overpowered us.

“Yes,” Bryan finally continued, “I
suppose it was Pearl, p»pr child! She
said she was going to visit some
friends in Indianapolis. We didn’t hear

from her and then we learned just
a few minutes ago that she hadn't
been to Indianapolis at all.”

The man broke down and it was
several minutes before McDermott and
I could get either him or his sister to
tell us more. We described the other
articles of clothing we had four ~
around the headless corpse and Mr
Stanley was able to say positively thi
they had belonged to the missing Pear
But they couldn’t even guess why she
had gone to Cincinnati instead of In-
dianapolis or vy te suggest who could
have wanted to kill her.

Fred Bryan must have sensed the
question I was pondering. He stared
at-us for a moment, then spoke in a
choking voice:

“No, we didn’t even suspect that she
was—she was—in the condition she
was. She had -boy friends like any
other. 20-year-old girl, but. if I had
thought one of them would do that to
her I would have...”

He was strong, ' broad-shouldered
and as we saw his muscles stiffen we

‘knew without asking what he would

have done.

He promised to break the horrible
news to his parents, and McDermott
and I set out to see what else we could
learn about the dead girl from her
friends. We soon discovered that she
had lived with her parents, Mr. and
Mrs. Alexander Bryan, on their stock
and dairy farm on the outskirts of
Greencastle. Her father was well-to-
do and the family was one of the most
respected in the community. Pearl had
been extremely popular among the
town’s young people but no. one we
could find even suspected that she had
loved “not wisely, but too well.”

There wasn’t the least shadow of
doubt in our minds now that we had a
positive identification of our headless
body, even though the head still was
missing. However, we still had a job
to perform in tracing the murderer as
well as the man who was responsible
for Pearl’s pregnant condition. We felt
certain that he would be one and the
same—but who was he? Where was
he? ‘ How were we to find him?

Before going to see Pearl Bryan’s
parents I decided to visit the telegraph
office. I wanted to notify my- superiors
of our probable identification of the
body and I also wanted to have a talk
with the telegraph operator. The local
sheriff and his aides had already

ADI


JACKSON, Scett & WALLING, Alenze, whites, hanged Newpert, Kentucky
March 20, 1897

—

‘

7

eo. “EM.
 dilieni

if

t

BY EDWIN V. BURKHOLDER

Author of “Clue of the Broken Door,” efe.

TRUE POLICE CASES, May, 1948


work for a claim of insanity by

seeking to prove that Jackson had suf-
fered from epileptic fits since child-
hood and that during a seizure he was
unaccountable for his actions. On May
14, after two hours and eleven minutes
of deliberation, the jury returned a
verdict of guilty and Jackson was
sentenced to hang.

Walling’s trial started on May 14
and the same evidence was presented
against him. He likewise denied per-
sonal guilt and at the same time
offered an alibi by claiming that Jack-
son had a hypnotic influence over him
which caused him to do exactly what
Jackson told him. The jury deliberated
two hours and twenty minutes and

had landed on some small object. Each
time he beat my head against the floor,
my right shoulder struck that object
with a sickening thud. I reached be-
hind me. :

I felt the object which was causing
the pain. My fingers ran over it quick-
ly. It was a shoe, one of my mother’s.
The Almighty One must have placed
that frail weapon there for me to de-
fend myself.

I grasped the shoe in my right hand
and struck, wildly and blindly there in
the: dark. I-do not know. how. many
times I struck with the shoe nor where
any of my blows fell. I was fighting for
my life, with every ounce of strength
left-in my tired-body. ‘

Gradually I felt -the grip on. my
throat loosen. Then my hair was sud-
denly released. I threw down the shoe
and scrambled to my feet. Not a word

the grave, never to be Known. Outside
of these two and the mother and a
twelve-year-old daughter, both eye-
witnesses and naturally biased, no one
is better fitted to depict more honestly
the circumstances surrounding thé al-
leged crime than we who conducted a
thorough investigation. ‘

As so frequently is revealed in
similar cases veiled with mystery and
confusion, circumstantial evidence can
be.much more potent and convincing
than the statements of excited and
prejudiced eye-witnesses. I ask ‘that
the readers of -AcTUAL DETECTIVE
Stories weigh the evidence presented
here as fairly and impartially as if
they were members of a jury sworn
to return a true and honest verdict.

Behind the scene of the alleged mur-
der of Trigg-Maxwell there is a back-

‘ground known but little outside of the

small circle of Wise County—a back~-
ground we unearthed in our efforts to
find a motive for the crime. Because
this same background was not made
public through the newspapers, the
outside world was only too quick to
form a perfectly natural but entirely
erroneous impression of the mountain
section. We were looked upon as back-
ward, uneducated, narrow-minded
people bitterly opposed to the newer
and more modern habits and customs
of life.

Never has a more absurd impression
been created nor a more unjust rumor
circulated. From the county of Wise
have gone forth some of the most
noted and influential men Virginia. has
produced, leaders in their chosen fields.
Wise is one of the largest counties both
in area and population, rich in coal and
grazing lands and abounding with cul-
ture and hospitality. The county is
proud of its English heritage and few
persons of foreign birth live there. Our
roads, schools, churches and business
activities compare favorably with the
best in the state.

We resent this unjust “hillbilly”
publicity thrust upon us with the same
sincerity and loyalty with which we
stand behind those laws of ours under
which Edith Maxwell was tried and
convicted.

It is a recognized fact among the
members of the bar that the laws. of

42

returned a verdict of guilty on June
18.'He also was sentenced to hang.
William Wood, the slain girl’s cous-
in, had been held under bond as a
material witness at both trials. After
the prisoners were sentenced he was
freed.
’ The condemned men filed appeals
which stayed execution for more than
a year. Mobs of angry Kentucky
citizens were continually threatening
to lynch them and they were shuttled
from jail to jail for protection. While
in the Newport jail seven other pris-
oners escaped and they had an oppor-
tunity to go along. But they preferred
to remain behind bars and take their
chances on a trip to the gallows, rather

thun face the mob which would get
them, once they were at large.

Pearl Bryan’s parents made a des-
perate, heart-breaking appeal to the
young students to tell where they had
hidden their daughter’s head, but they
refused to tell.

- As the day set for their executions
drew near, each of the condemned
pair made what he called a “final con-
fession” to Governor W. O. Bradley
of Kentucky. They jointly asserted
that the girl had undergone an illegal
operation performed by a Kentucky
surgeon, and that he had really killed
her. This, they insisted, was the final
and true story. But, we proved that
the surgeon they named had been a

1 Am Innocent (Continued from Page 7)

had been spoken and I do not know
where Mother and Mary Katherine
were. I was alone in a lonely world,
trapped in a strange dungeon from
which there was no escape. I ran, not
knowing in what direction.

In my dash for freedom my father’s
claw-like hands caught my  night-
clothes. I felt a quick, sudden jerk
against my body, momentarily halting
me. Then the tearing of cloth and I
was free again. Barefooted and nude
I fled through the door out into the
street. I had almost reached Chant
Kelly’s house up the street: before I
realized my clothes had been torn off
me.

_ I quickly retreated to the corner of
‘our house and called loudly to Mary
Katherine to bring me some clothes.
I could not go back into that house of
death. But my sister must not have

\

Virginia always have favored the de-
fendant in a criminal case. Virginia
was settled largely by English refugees
forced to flee from the mother country
to escape intolerance and persecution
at the hands of overlords. When our
legislators first began molding our
laws they had uppermost in their
minds the civil rights and welfare of
these people. The present loopholes in
our laws originally were intended to
avoid any and all possibility of per-
secution. }

Te same civil protection was ex-
-tended into our criminal code—the
same code under which Edith Maxwell
claims she has been persecuted. When-

* ever she or any other criminal faces a

court in Wise County or any other
county in Virginia for an infraction of
the laws you and I can be assured that
a fair and impartial trial has been held
and a just and proper verdict. re-
turned.

To the best of my recollection there
never has been a term of court in my
county in which one or more murder
cases have not been on the docket. Our
people are exceedingly high-strung
and very quick-tempered. However, I
thought: the exception had happened
in July, 1935.

The grand jury had been in session
four days and had disposed of all cases
before it by Saturday, July 20. But it
had been held over until the follow-

. ing Monday to allow me time to write

the returned indictments. Not a single
new murder case had been presented.

It was Sunday noon, July 21, when
Sheriff Adams notified me over .the
telephone at my home in St. Paul of
Trigg Maxwell’s sudden death. I hur-
riedly ate my dinner and drove over
to the Maxwell home at Pound. There
I found that the body of the dead man
had been removed and Edith Maxwell
and her mother had been arrested

- on a suspicion of murder upon war-

rants sworn out by some of their rela-
tives. There went my hopes of a mur-

-derless calendar.

The Maxwell home in Pound is most
unimposing—a one-story frame struc-
ture, formerly a garage which Trigg
Maxwell had purchased and converted

into a four-room dwelling. On the '

heard me, or she was afraid to do my
bidding, for no clothes came. No one
came to see about me.

I stood there for what seemed to
me an eternity trying to think what
I should do, where I might go. I knew
what awaited me inside my own home
from my father crazed with liquor. I
could not withstand another beating
like the one I had just received. And
I swore I neyer again would stand for
more of my father’s cruelty and bru-
tality, drunk or sober. ‘

I could think of only one place
where I felt I might be temporarily
safe. Still nude, I sneaked through the
side-porch entrance and crept down
the stairway leading toe the basement
under my home. At the bottom I sank
down upon the lower step, completely
exhausted.

Every bone and muscle in my body

\

She Is Guilty (Continued from Pigs 3)

right of this and part of the same
building is the post office while on the
left are the offices and home of Doctor
Sikes. These buildings actually rest
upon the steep banks of Pound River,
their fronts jammed against the high-
way while the rears are suspended
some 30 feet above the river, sup-
ported by long wooden stilts embedded
into the river bank. 4

There was no indication inside the
home when I arrived that even a death
had occurred there, much: less an al-
leged murder. Everything was neat
and tidy throughout. I noticed numc:-
ous damp spots on the uncarpeted

floors in the kitchen and in Trigg’s and _

his wife’s bedrooms as if they had
been scrubbed recently. In the dead
man’s room there were several plainly
visible small spots of dried blood, pre-
sumably overlooked. We learned that
Doctor Sikes had been the attending
physician and we sought him for in-
formation. He explained that when

he was summoned to the home he had -

found Trigg Maxwell dying, his head
lying on the kitchen floor, his body in
the doorway and his feet extending
onto the porch which separates the
Maxwell and Sikes homes.

“When I reached the body shortly
before 2 a.m.,” the physician said,
“Trigg Maxwell was beyond medical
aid and died within a few minutes.
The women told me he had gotten up
to get a drink of water and had fallen
and struck his head against the meat
block. There was a deep gash on top
of his head which had bled profusely.
This wound and the position of the
body discredits the women’s story. He
would have had to ram his head into
the block, then wheel around, walk
across the porch, open the screen door
and fall inside.

“The whole thing looked impossible
to me and I did not hesitate to remark
to Chant Kelly and others standing
around that it was nothing but. cold-
blooded murder.”

We examined the meat block, which
was on the far side of the porch op-
posite the door leading from the kitch-
en. We could find no blood or hair on
it and there was no indication that it
had been washed or wiped off.

Further search of the porch revealed

pationt ite a ho pital ott bie night of
the fiendish murder, so that this “final”
truth was simply one more in a long
list of lies.

Scott Jackson and Alonzo Walling
died on the gallows in the small court-
yard of the jail at Newport, Kentucky,
on March 20, 1897. Each blamed the
other for Pearl Bryan’s horrible
death.

The murder for which they were
hanged will live forever in criminal
records because of its brutality. How-
ever, I would prefer that it live for-
ever as a graphic example of what
may be accomplished by detectives
who are willing to work untiringly on
even the tiniest of clews.

ached. I was frightened, dazed, be-
wildered. I tried to recall what had
happened, find some: explanation for
the calamity. It all had happened so
quickly, so suddenly. Without a mo-
ment’s warning I had been hurled from
a pedestal of happiness to the blackest
depths of misery and despair.

Above me I could hear the tramp,
tramp, tramp of heavy feet, angry
feet. In the solitude of that dark base-
ment, I closed my eyes, dropped my
aching head into my folded arms and
wept.

What sensational disclosures will

_Edith Maxwell make next? .Will her

revelations alter the trend of her

possible third.trial? Read the second

instalment of this vital human docu-
ment, in the December issue of Ac-
TUAL DETECTIVE StToRIES, on sale at
your news stand October 22.

a blood-stained pillow, pillow case and
sheet crammed down in a banana crate
near the bottom among some soiled
clothes. Inside a stove we found the
charred remains of a man’s shirt upon
which bloody spots were easily di
cernable.

I was anxious to learn what actua
ly had happened within the home
I hurried to the county seat of Wise
to interview Edith Maxwell. Ushered
into my office in the courthouse that
hot Sunday afternoon, she appeared
cool and unruffled with all the charm
and freshness of a girl barely out of
her: teens.

Her profile. was remarkably regular
and delicate and her mouth small but -
unshapely. Heavy dark. lashes shaded
a pair of. wide brown eyes and her
brow suggested. a mentality I felt a
strong desire to test. Her feet were
large and so were her quick, nervous
hands, finely shaped in spite of the
hard usage that had left them brown
and calloused.

“Sit down, please,” I said. “I want
you to tell me exactly what happened
in your home last night.”

“Certainly,” she said, forcing a faint
smile. “But can’t I have my uncle, the
lawyer, in here with me?”

| TOLD her that I thought that was
unnecessary, that F simply wanted a
true statement of facts from her. At
that time I had no intention of sub-
jecting her to a severe grilling. I was
ready and willing to believe her story.

“There is little that I really know to
tell,” she began. “I carhe to Wise last
night and had some difficulty finding a
way back. Raymond Meade finally
drove me home sometime after mid-
night. Everything was quiet and I went
straight to bed. ;

“JT was awakened some time later by
Mama’s excited voice calling me. 1
jumped out of bed and ran into the
kitchen where my father lay stretched
out on the floor half way out of the
door. Mama said he had fallen against
the meat block.

“He was unconscious and I tried to
revive him with water. But I couldn’t
so I raced next door to get Doctor
Sikes. When I finally got him out of
bed and into our home he said Father

ADL

‘ed the post office and the local
hone exchange, trying to learn if
aissing girl had received any out-
c-ordinary messages. But as yet
telegraph angle had not. been
mg so I determined to tackle it
1

ter I filed my own wire I asked
tlerk if any telegrams had been
to or by Pearl Bryan within the
week,

gazed at me quizzically for a
ent and said, “Wa-a-al, none to
om her—” He paused, eyeing me
vusly. “But I got a couple or three
with her name in ’em.”
‘ith her name in them?”

£P,” he said and began rummag-

ya?

hat’s right.”

‘a-a-al, then I s’pose it’s all right
show ’em t’ ya.” He handed me
‘s of three messages that had

received at Greencastle a few

before.

glanced at them casually for a
ient, then I stiffened as I suddenly
zed what I was holding in my
|. Here, unless I was much mis-
a, was the big lead we had been
ing for so long and so patiently!
Vhat’s wrong, Cal?” McDermott
d anxiously.

jidn’t answer him right away, but
ped at the telegraph operator:
‘hange that message I just gave

Make it read, ‘Clothes positively
tified. Arrest Scott Jackson, Ohio
2ge of Dental Surgery student, and
ge him with murder.’”

glanced at McDermott and
wr at his expression of amaze-
‘ake a look at these, Jack,” I said,
ling him the messages.

ie messages are not in my files
y, and now, after more than forty
‘s, I cannot remember their exact
ding. However, they were sent
1 Cincinnati by Scott Jackson to
iam Wood, a Greencastle minister’s
and Pearl Bryan’s cousin. They
ained veiled comments about
‘’s pregnancy and Jackson’s re-
st that Wood provide the girl with
rtain medical prescription which in
e days was sometimes credited
1 causing a miscarriage.

. talking with the slain girl’s
ids, earlier that day, we had heard
it Jackson, the young dental stu-
., and also that he had “kept com-
y” with Pearl Bryan a few months
re. We had planned to question
, once we were back in Cincinnati,
neither McDermott nor I had any
vicion that he might be the man
were seeking. I realize now that
ng his arrest for murder was a
ng move that we might have later
‘etted. But I was determined to
» my hunch, come what may.

’e called on William Wood next
asked him several pointed ques-
s about the messages and his
wledge of Pearl’s whereabouts
ing her last days on earth. He will-
y admitted that he knew about her
snancy, but vehemently denied that
knew anything about her death or
- he could even guess who might
e killed her or why. He was cer-
, he said, that Scott Jackson could
have been involved, because he
; “not that kind of a fellow.”
Jood willingly accompanied us to
cinnati that evening and it was a

trip, to say the least. Pearl’s
ents, her milliner sister and an-
sr sister, Mrs. E. S. Kellar, and two
thers, Fred and Frank, made up
party, in addition to Wood, Mc-
‘mott and myself. The parents were
ly pathetic in their hope that there
‘ht be an error and that the slain

was not really their daughter.
xy could not bring themselves to
ieve that the pretty, carefree Pearl
y loved so dearly had gotten herself
) such deep trouble. :

jack in Cincinnati we learned that

‘kson was arrested at 10.o’clock that’

ming as he was entering his room-

house at No. 222 West Ninth
eet, near the dental college. A
iple of hours later Alonzo Walling,

ing in a file. “You’re a detective, -
ny

his roommate, was also picked up “for
questioning.”

In booking Jackson, the officers
found several bloodstains on his shirt
and a two-inch scratch on his right
wrist—a scratch which appeared to
have been made by fingernails. He had
blithely explained that the blood had
gotten on his shirt when he had killed
a bedbug and that he_ probably
scratched himself on the wrist because,
he said, he was suffering from an itch
and he frequently dug himself in his
sleep.

Jackson was 27 years old and he had
formerly attended the Indiana Dental
College. His widowed mother lived in
Greencastle and it was while visiting
her that he had met Pearl.

Walling was 21 and his widowed
mother lived in Greenfield, Indiana,
where the family was greatly re-
spected. News of the arrest of the two
young men created great excitement,
for both were popular and well
thought of among their fellow stu-
dents.

McDermott and I turned out early
the next morning to question the pair.
We learned that both had bluntly
denied having any knowledge of
Pearl’s death and I had many grave
moments wondering whether my
hunch may have been wrong. We
anticipated trouble in getting the truth
from Jackson, so we decided to play
an old police trick on him—a trick
that was old even forty years ago.

We talked with him first. He read-
ily admitted that he had “gone around
with Pearl a little” a few months ear-
lier, but insisted that he had never
been intimate with her. He said he
hadn’t heard from her in weeks and
that he didn’t have the vaguest idea
how her headless body happened to
appear across the river in Kentucky.
After almost an hour of this, we sud-
denly told him that we knew he was
lying, that we had seen his telegrams
to Wood which clearly indicated that
he knew about Pearl’s pregnancy.

This revelation didn’t seem to dis-
turb him in the least. He conceded he
might have falsified a trifle, that per-
haps Wood had told him about Pearl’s
condition. But he swore his only con-
nection with it was in suggesting a
prescription that the girl might use to
save herself from disgrace. He had
heard nothing more from Greencastle
after he sent the wire, he declared.

E FINALLY sent him out of the

room and began questioning Wall-
ing, who was obviously frightened.
Within five minutes he volunteered the
information that Jackson had left the
rooming house alone early on the eve-
ning of January 31—the evening the
murder must have been committed—
and had not returned until midnight.

We did not forget that the doctors
had told us that probably two men had
taken part in the brutal slaughter and
we did our best to make the badly
frightened Walling admit that he knew
more than he told us. But he stuck to
his guns, declaring that he had not
even known that Pearl Bryan had been
one of his roommate’s former flames.

At length we sent him back to his
cell and then we tried our old police
trick. By confiding in trusties in the
jail we managed to have the word
passed to Jackson, presumably on the
Q.T., that Walling was spilling every-
thing. And the ruse worked. Jackson
begged to talk with us again, promis~-
ing that he would change his story and
help us all he could.

We let him cool his heels for a spell
and then had him brought in again.
Without any preliminaries he declared
that Alonzo Walling had committed
the frightful murder and then had told
him about it. Walling, he said, planned

to perform an illegal operation on the.

girl, but suddenly had gone stark mad
and had wielded the knife on her
throat instead.

We were not greatly surprised a
short time later, after confronting
Walling. with this story, to have him
say ~ the’ same - thing about - Jackson.
Jackson, Walling said, was responsible
for Pearl Bryan’s pregnancy and had
lost his nerve at the last minute before

performing the operation and had
killed her.

We questioned the pair, separately
and together, for hours at a time, but
neither would change his story. Each
admitted that he knew about the
crime and that he had seen Pearl in
Cincinnati a few hours before her
death. But from that point on they
contradicted each other violently and

Cincinnati’s
Chief of Detectives, gives here for
the first time his theory of what

Cal Crim, former

happened to Pearl Bryan’s head

at last we decided that, if we were
ever to know what really happened,
we would have to inquire elsewhere.
So we set to work.

First of all, we learned that Pearl
had taken a room in the Indiana
House, a downtown Cincinnati hotel,
on January 28, the day she left home.
She had signed her sister’s name on
the register and had immediately
gotten in touch with Jackson, who in-
troduced her to Walling. ‘

The poor girl had gone to Cincin-
nati believing that Jackson would
marry her. Instead, he proposed that
she undergo an operation to remedy
her condition. She refused in no un-
certain terms. We verified this by wit-
nesses who had seen her on the street
with Jackson and Walling on the
afternoon of January 31, and who had
heard her exclaim: :

“I’m going back home, and you, Scott
Jackson, will’ have to answer to my
brother for this!”

Later that same day, we discovered,
Pearl had accompanied the two stu-
dents to the back room of Dave Wall-
ingford’s saloon at George and Plum
Streets. She drank sarsaparilla while
the men downed whisky. Allen John-
son, a Negro waiter, saw Jackson slip
something into the girl’s drink without
her knowing it. When they left soon
after, the girl walked with unsteady
steps.

This, of course, was how she was
given the knock-out dose of cocain.
We later found the drug store where it
had been bought and the pharmacist
identified Jackson as the purchaser.
But here our investigation came to a
dead end and remained there for sev-
eral days. We discovered that Pearl
had checked out of her hotel and had
paid her bill a few minutes before she
turned up in Wallingford’s saloon. Her
valise had been checked and called for
a little later—by whom we couldn’t
find out.

Then we ferreted out George Jack-
son, a Negro cabman, who admitted
that he had driven the trio across the
Ohio River that fateful evening of
January 31 and had let them out not
far from the Locke farm. He recalled
that the girl had appeared intoxicated
and that the men had to lift her out
of the carriage. He explained that he
had not volunteered the information

earlier because he had been “threat-
ened with death.” We decided, how-
ever, he had concocted this tale to
explain his negligence in not giving us
the information right after the crime
was discovered.

We already knew, of course, what
had happened in that bower and we
were convinced that the two men had
taken the drugged girl there for the
sole purpose of murdering her and
leaving her body in such a condition
that it might never be identified. The
weapon they used was a dissecting
knife from the dental college labora-
tory and probably it was returned to
the laboratory without anyone even
knowing it had been borrowed. Jack-
son, we guessed, had wielded the knife
and Walling had held the victim.

The two roommates met Pearl late
on the afternoon of January 31 and
offered to escort her to the train which
would take her home. She agreed to
some refreshments before train-time,
and accompanied them to the saloon
where she was drugged. One of the
men evidently picked up the valise
from the hotel check-room and then
hired the cab to take them across the
river. Jackson brought the knife with
him from the college laboratory and
on the long ride to Fort Thomas they
plotted just how they would proceed,
once they had the girl alone.

But what about the missing head?
It never was found, and, of course, it
never will be. Our prisoners talked
vaguely about its being “buried in a
sandbar” or perhaps “thrown in the
Ohio River” or “burned in a furnace.”
Neither would’ admit he had seen it
after it was severed.

Its disposition has mystified many
persons. However, I think I can solve
that mystery, here and now, for the
readers of ACTUAL DETECTIVE STORIES,
by stating that it is my firm, unalter-
able belief that the head was burned:
to ashes in the dental college furnace
where Jackson and Walling were stu-
dents. And this is why I am so certain:

John Legner, a saloon-keeper whose
establishment was across the street
from where Jackson and Walling
roomed, told us that around midnight
the night of January 31 the two stu-
dents entered carrying a brown grip
which they had the bartender place
behind the bar for them. The bar-
tender told us that when he took the
grip something inside it “rolled back
and forth like a bowling ball.”

On the evening of the day the body
was found Jackson and Walling re-
turned for the grip. Again the bar-
tender noticed something rolling inside
it as he handed it to them. Fifteen
minutes later the pair was back with
it. For the second time they gave it to
the bartender to keep for them, And
this time the bartender distinctly
noticed that nothing rolled inside it
and that it was quite light and seemed
empty.

In those fifteen minutes the pair
would have had just enough time to go
to the college, toss the head into the
furnace, and return to the saloon.
Furthermore, the furnace room was
open to students, a hot fire burned
there constantly, and it was regular
practise for students to burn human
bones after finishing with them in the
dissecting room.

HIS, in itself, would seem conclu-
sive evidence that my theory is
correct. But there is something else
which clinches it in my mind. We
finally found the mysterious brown
grip which had been left’in the saloon
and it was identified as belonging to
one of Pearl Bryan’s sisters who had
loaned it to the slain girl. Inside it
were particles of clayey earth which
chemists were positive came from the
death bower and also matted blond
hair and human blood. I hold that we
need no more evidence than that.
Jackson and Walling were given
separate trials, Jackson first, in_ the
Campbell County Court House in New-
port, Kentucky, before Judge Charles
T. Helm. Jackson’s hearing began
April 22, 1896. The evidence I have
listed above was presented by the
State. The defendant denied all guilt
but, paradoxically, laid the ground-

4

280 Ky.

dependent, however, of any construction of
the statute and of the merits of the question
presented, we are prevented from considering
it because of the provisions of section 281 of
the Criminal Code of Practice. That section
is: “he decisions of the court upon chal-
lenges to the panel, and for cause, or upon
motions to set aside an indictment, shall not
be subject to exception.’” The constitution-

we RE cera

BE PER i pd Babes ES lin AE, Mame AEM ES REE in etek RG Tat
te - od et . i. : i SS err me. ‘
ot

pe in Lake v. Commonwealth, 209 Ky. 832, 273
: S. W. 511, but its constitutionality was up-
held. —
The section of the statute in question au-
thorizes the summoning of bystanders where
the regular panel is exhausted, as it was in
this case; but as was pointed out in the Lead-
ingham Case, this court would be preclud-
ed by section 281 of the Criminai Code of
Practice even if the lower court had erred in
this particular.

; ’ or {3] The second ground, and the one on
gee UE which appellants’ counsel seein to base their
ead chief reliance, calls for a review of the evi-

dence. We deem it unnecessary to go into
a detailed statement of all the evidence, as a
+3 statement of the salient facts as developed
i by the proof will be sutticient in determining
the questions presented for consideration.
Miss Mabel Downs, the‘victim of the alleged
__ erime, is a white woman about 23 years of age
zt who lives with her father on his farm about

ee

oe Ae

- 7 two miles from the town of Tlardinsburg.
22 i She had some Character of employment in
4 # } that town and made daily trips to and from
3 Bol her work, usually walking aud unaccompa-
aa ‘f nied. In going from Wardinsburg to her
Se : | home, she would follow the Stephensport
4 : tf highway for about one mile, but after crossing
3 eee the bridge over Hardins creek would turn
e tat to the right-and follow a wagon trail and
3 + footpaths through some fields and woodland.
a ee Immediately after leaving the highway, her
3 i path led through a small plot of newly cleared
Rea land in which one Mr. Whitfield and others

r
~
L

cultivated a tobacco crop in the year 1930.
Adjacent to this cleared land is a small area
of woodland which is something over 300
yards from the highway and somewhat se-
cluded.

About 5 o’clock, on the 6th day of October,
1930, as the prosecuting witness was following
the path throngh this timberland, she dis-
covered a negro standing neur a cedar tree.
When she saw him, she stupped and he then
approached with a shotgun pointed toward
her. She started to back away and he com-
manded her not torun. She procured a club
and struck him over the head. He immediate-
ly grabbed her and threw her to the ground,
She testified that she screamed and fought
and resisted him to the extent of her strength,
but that he choked her und oyercame her re-
sistance. In the meantime, he had told her in
language too coarse and vulgar to adinit repe-

Re OE SST RP ome te

mya 4

le ee Rig bare Atta IND tS) TER AE ND PND BN PERE Apemeclalep NS A ot le

oe ality of section 251 of the Code was attacked,

epee set yn
Sts Paper

1

40 SOUTH WESTERN REPORTER, 2d SERIES

tition that he intended to accomplish his pur-
pose or kill her. She stated that he carried
out this threat.

Without going into details, her evidence as
to the acts of her assailant tends to establish
every necessary element of the crime for
which appellant stands convicted. On secur-
ing a promise that she would not tell what had
occurred, her assailant, with a-threat to kill
her if she did tell, permitted the victim to con-
tinue to her home. : 2

Miss Downs did not know her assailant at
the time, but from ber description of him and
the manner of his dress, suspicion seemed to
fall on appellant. He was arrested and when
confronted by the prosecuting witness was
recognized by her as the man who had made
the assault. She testified that the man who
assaulted her had a mustache and wore leg-
gings and a eap. A number of witnesses tes-
tified to having seen appellant going out the
Stephensport road late in the afternoon of
October 6, and these and other witnesses tes-
tified that he wus wearing ieggings, a cup, aud
carried a gun.

Mrs. Henning, whose home {s on the Steph-
ensport road facing the clearing to which wo
have referred, testified that about 5 o’clock
of the afternoon in question she heard about
six screams coming from the direction of the
woodland back of the clearing and she recog-
nized the voice as that of a woman.

The evidence shows that the neck of the
prosecuting witness was bruised and swol-
len after the alleged attack, but that the
clothing she was wearing was not injured ex-
cept for a small tear near the neck of her
dress. Ae

Appellant testifying for himself denied that
he assaulted Miss Downs and stated that he
did not know her previous to the time of his

arrest. He testified as to his whereabouts .

during the afternoon and evening of October
6th and in many particulars was corroborated
by other witnesses. He admitted, however,
that in the afternoon in question, he went out
the Stephensport road between 5 and 86
o'clock, but stated that he turned to the left

before reaching Hardins creck and went toa...

spring on the farm of Mr. Wall for the pur-
pose of killing a groundhog which he knew

used to be about the spring. He stated that.

he returned to Hardinsburg about 6 o’ciock.

It is earnestly argued by appellant’s counsel
that at most the evidence only tends to es-
tablish an attempt to commit the crime for
which appellant was convicted. This argu-
ment is based on the evidence as to the phys-
ical condition of the prosecuting witness and
the condition of her clothes after the assault,
as shown by her own evidence and the evi-
dence of Dr. W. P. Kinchloe, who made an ex-

amination of her on the morning following the -

assault,

7

BE aE NTU SRI Bg PE SMH FS | MBE Te TS PEL REL PIT te Bt

ga er

“oe
_ jury to

resultin
who wi:
testified
organs ©
testified

~ without

On bot}
Yowns

there ws
meaning
“Tk fs

she was
len Jent
that she

verdict
ment to

the mu

not too
dictmen
renderir

‘they w

cused, —

(4, 81
weight |
liarly, §
and this
finding |
such ve
weight
science

¥rom
the tria
ner and
able att
pellant,
to him
under t

eer ag

Sar eT rt ae es

as

dae ete eel Lie ens eS ee

DAVIS v. CITY OF NEWPORT
40 8.1. (2d)

Miss Downs testified that there was. no In-
jury to her genital organs and no soreness
resulting from the assault, and Dr. Kinchtoe,
who was enlled as a witness for appellant,
testified that he found no injury of the genital
organs and no rupture of the hymen. He
testified that partial penctration was possible
without causing any such injuries or rupture.
On both direct and cross examination Miss
Downs was positive In her statements that
there was 2 penctration and that she knew the
meaning of that term.

It fs pointed out in appellant's brief that
she was contradicted by the evidence of Al-
len Jennings, the town marshal, who testified
that shortly after Miss Downs was assaulted,
he asked her if her nssailant accomplished
his purpose and she replied in the negative.
Ile Inter testified, however, that at the time
he was talking to Miss Downs, they were In
an automobile with others, driving over a very
rough road, and that due to nolse made hy the
car, she may have misunderstood his question
and that it was possible that he misunder-
stood her reply.

Unfortunately for appellant, a jury com-
posed of citizens of his own county and in
whose selection he and his counsel had a part
accepted the evidence of the witnesses for the
commonwealth rather than the evidence of-
fered in his behalf and thus arrived at the
verdict rendered. It is true that the punish-
ment to be meted out. under this verdict is
the most severe known to our law, but it is
not too severe for the crime charged in the in-
dictment, and the jury was warranted in
rendering such a verdict if by the evidence
they were convinced of the guilt of the ac-
cused.

[4,5] The eredibility of witnesses and the
weight to be given thelr evidence are, pecu-
linrly, matters to be determined by a jury,
and this court is not authorized to disturb the
finding of the jury on these matters unless
such verdict is so flagrantly egainst tho
weight of the evidence as to shock the con-
science and to leave little or no escape from
the conclusion that it resulted from passion
and prejudice. No principle of law jg more
firmly established or better tecognized in this
and other jurisdictions. “Tackett v. Common-
wealth, 229 Ky. 812,17 S.W.(2d) 241; Jones v.
Commonwealth, 230 Ky. 24, 18 S.W.(2d) 287;
Moore v. Commonwealth, 223 Ky. 128, 8 S. W.
(2d) 190; Adams vy. Commonwealth, 227 Ky.
255, 12 S.W.(2d) 275; Oldham vy. Common-
wealth, 228 Ky. 307, 14 S.W.(2d) 1065.

From the record In this case, it appears that
the trial was conducted in an orderly man-
ner and was unusually free from error. Two
able attorneys were appointed to defend ap
pellant, and they discharged every duty owed
to him and rendered the best possibile service
under the circumstances. As the record does

not disclose any error prejudicial to appel-
lant’s substantial rights, and there being
ample evidence to support the verdict, it
should not be disturbed.

Judgment aflirmed.

Whole court sitting.

DAVIS v. CITY OF NEWPORT et al.

Court of Appeals of Kentucky.
June 16, 1931.

{. Municipal corporations C>1000(5).
Tctition seeking to enjoin issuance and

sale of bonds for funding of floating indebted-
ness of city of second class held demurrable.

Allegations of petition disclosed that city
in years 1929 and 1920 contracted floating
indebtedness of $146,757.51 evidenced by
notes, judgments, and outstanding claims
‘all benring interest at rate of 6 per cent.;
that ordinance provided for bond issue of
$145,000, bearing 4% per cent. interest to
fund the debt; that all debts were in- -
curred for legitimate purposes; that city
had failed to Jevy and collect tax sufficient
to defray costs of judgments; that tax
rate actually levied was not maximum per-
mitted by Constitution and charter of city;
and that the limit of indebtedness fixed by -
Constitution would not be exceeded by the
proposed issue of bonds.

9, Judgment C572 (2).

Dismissal on demurrer for defective state-
ment of cause of action, or failure to state
good cause of action, constitutes no bar to an-
other suit.

3. Appeal and error C863.

Validity of proposed bond issue for fund-
ing of floating indebtedness of city could not
be determined on appeal from order sustaining
demurrer to petition.

4. Appeal and error €=845(2).

Where case was determined on demurrer
to petition, agrecd statement of facts should
be treated as amendment to petition.

Appeal from Circuit Court, Campbell
County.

Action by Edward J. Davis against the
City of Newport and others. Judgment for
defendants, and plaintiff! appeals,

Aflirmed.

James B. Milliken, of Newport, for appel-
lant.

Arthur J. Daly, of Newport, for appellees.

woe ge eer a

>For other cases see same topic and KEY

40 SW. (2d)—18%

-NUMBER fn all Key-Numbered Digests and Indoexas

Ped en nce il Oe sity ae ay
i A et we eine
ye ee ey gees wat oT pie

Ae bt
ae S
att 8
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43h Ut
ae
ee bree Ae
fee 3h
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PS apes
1 fe
Belk
ee


280 3=‘Ky.

dependent, however, of any construction of
the statute and of the merits of the question
presented, we are prevented from considering
it because of the provisions of section 281 of
the Criminal Code of Practice. That section
is: ‘The decisions of the court upon chal-
lenges to the panel, and for cause, or upon
motions to set aside an indictment, shall not
be subject to exception.’ » The constitution-
ality of section 281 of the Code was attacked
in Lake v. Commonwealth, 209 Ky. 832, 273
S. W. 511, but its constitutionality was up
held.

The section of the statute in question au-
thorizes the summoning of bystanders where
the regular panel is exhausted, as it was in
this case; but as was pointed out in the Lead-
ingham Case, this court would be preclud-
ed by section 281 of the Criminal Code of
Practice even if the lower court had erred in
this particular.

[3] The second ground, and the one on
which appellants’ counsel seem to base their
chief reliance, calls for a review of the evi-
dence. We deem it unnecessary to go into
a detailed statement of all the evidence, as a
statement of the salient facts as developed
by the proof will be sufficient in determining
the questions presented for consideration.

Miss Mabel Downs, the victim of the alleged
crime, is a white woman about 23 years of age
who lives with her father on his farm about
two miles from the town of Hardinsburg.
She had some character of employment in
that town and made daily trips to and from
her work, usually walking and unaccompa-
nied. In going from Hardinsburg to her
home, she would follow the Stephensport
highway for about one mile, but after crossing
the bridge over Hardins creek would turn
to the right and follow a wagon trail and
footpaths through some fields and woodland.
Immediately after leaving the highway, her
path led through a small plot of newly cleared
land in which one Mr. Whitfield and others
cultivated a tobacco crop in the year 1930.
Adjacent to this cleared land is a small area
of woodland which is something over 300
yards from the highway and somewhat se-
cluded.

About 5 o’clock, on the 6th day of October,
1930, as the prosecuting witness was following
the path through this timberland, she dis-
covered a negro standing near a cedar tree.
When she saw him, she stopped and he then
approached with a shotgun pointed toward
her. She started to back away and he com-
manded her not to run. She procured a club
and struck him over the head. He immediate-
ly grabbed her and threw her to the ground.
She testified that she screamed and fought
and resisted him to the extent of her strength,
put that he choked her and overcame her re-
sistance. In the meantime, he had told her in
language too coarse and vulgar to admit repe-

40 SOUTH WESTERN REPORTER, 2d SERIES

tition that he intended to accomplish his pur-
pose or kill her. She stated that he carried
out this threat.

Without going into details, her evidence as
to the acts of her assailant tends to establish
every necessary element of the crime for
which appellant stands eonvicted. On secur-
ing a promise that she would not tell what had
occurred, her assailant, with a threat to kill
her if she did tell, permitted the victim to con-
tinue to her home.

Miss Downs did not know her assailant at
the time, but from her description of him and
the manner of his dress, suspicion seemed to
fall on appellant. He was arrested and when
confronted by the prosecuting witness was
recognized by her as the man who had made
the assault. She testified that the man who
assaulted her had a mustache and wore leg-
gings and a cap. A number of witnesses tes-
tified to having seen appellant going out the
Stephensport road late in the afternoon of
October 6, and these and other witnesses tes-
tified that he was wearing leggings, a cap, and
carried a gun.

Mrs. Henning, whose home is on the Steph-
ensport road facing the clearing to which we
have referred, testified that about 5 o’clock
of the afternoon in question she heard about
six screams coming from the direction of the
woodland back of the clearing and she recog-
nized the voice as that of a woman.

The evidence shows that the neck of the
prosecuting witness was bruised and swol-
len after the alleged attack, but that the
clothing she was wearing was not injured ex-
cept for a small tear near the neck of her
dress.

Appellant testifying for himself denied that
he assaulted Miss Downs and stated that he
did not know her previous to the time of his
arrest. He testified as to his whereabouts
during the afternoon and evening of October
6th and in many particulars was corroborated
by other witnesses. He admitted, however,
that in the afternoon in question, he went out
the Stephensport road between 5 and 6
o'clock, but stated that he turned to the left
before reaching Hardins creek and went to a
spring on the farm of Mr. Wall for the pur-
pose of killing a groundhog which he knew
used to be about the spring. He stated that
he returned to Wardinsburg about 6 o'clock.

It is earnestly argued by appellant’s counsel
that at most the evidence only tends to es-
tablish an attempt to commit the crime for
which appellant was convicted. This argu-
ment is based on the evidence as to the phys-
ical condition of the prosecuting witness and
the condition of her clothes after the assault,
as shown by her own evidence and the evi-
dence of Dr. W. P. Kinchloe, who made an ex-
amination of her on the morning following the

assault.

DAVIS v. CITY OF NE
40 8.W. (2d) sci Ky. = 281

Miss Downs testified that there was no in-
jury to her genital organs and no soreness
resulting from the assault, and Dr. Kinchloe,

who was called as a witness for a
; ppellant,
testified that he found no injury of the genital should not be disturbed.

organs and no rupture of the hymen. He ee
testified that partial penetration was possible Whole court sitting.
without causing any such injuries or rupture
On both direct and cross examination Miss
Downs was positive in her statements that

‘there was a penetration and that sh
4 ek
meaning of that term. by

It is pointed out in appellant’s brief that
she was contradicted by the evidence of Al-
len Jennings, the town marshal, who testified
— shortly after Miss Downs was assaulted,
he ect het her assailant accomplished {. Municipal corporations €>1000(5).

she replied in the negative Petition seekin j
: g to enjoin i
He later testified, however, that at the time Sale of bonds for funding of foating indebted-
g a

he was talking to Miss Downs, th
, they were in ness of city of
ma namie With otheda, AsiVide- Bree 0. v4 om y of second class held demurrable.

rough road, and that due to noise made by the
car, she may have misunderstood his question

and that it was possible that he
stood her reply. —

Unfortunately for appellant, a ju -
posed of citizens of his own oe ee
whose selection he and his counsel had a part
accepted the evidence of the witnesses for the
commonwealth rather than the evidence of-
fered in his behalf and thus arrived at the
verdict rendered. It is true that the punish-
ment to be meted out under this verdict is
the most severe known to our law, but it is
not too severe for the crime charged in the in-
dictment, and the jury was warranted in
rendering such a verdict if by the evidence

they were convince i
pant d of the guilt of the ac- 2+ Judgment €=572(2).

not disclose any error prejudicial t

Oo avpel-
lant’s substantial rights, and there noe
ample evidence to support the verdict, it

(239 Ky. 610
DAVIS v. CITY OF NEWPORT et al.

Court of Appeals of Kentucky.
June 16, 1931.

‘ Allegations of petition disclosed that city
in years 1929 and 1930 contracted floating
indebtedness of $146,757.51 evidenced by
notes, judgments, and outstanding claims
all bearing interest at rate of 6 per cent.;
that ordinance provided for bond issue of
$145,000, bearing 434 per cent. interest to
fund the debt; that all debts were in-
curred for legitimate purposes; that city
had failed to levy and collect tax sufficient
to defray costs of judgments; that tax
rate actually levied was not maximum per-
mitted by Constitution and charter of city;
and that the limit of indebtedness fixed os
Constitution would not be exceeded by the
proposed issue of bonds,

. Dismissal on demurrer for d

; us, ly The credibility of witnesses and the ment of cause of action, or Fir shen
g o be given their evidence are, pecu- good cause of action, constitutes no bar to an-
iarly, matters to be determined by a jury, ter suit. ak
and this court is not authorized to disturb the

finding of the jury on these matters unless i AEE Oe eevee Sree.

such verdict is so flagrant] i
y against the Validity of proposed bond issue fi

welght of the evidence as to shock the con- 128 of floating indebtedness of city pete
* ce and to leave little or no escape from be determined on appeal from order sustainin

e conclusion that it resulted from passion ¢murrer to petition.
ee prejudice. No principle of law is more
pepe spdbc2 ooeD or better recognized in this 4. Appeal and error €>845 (2).
aga a4 ete oggocg Tackett v. Common- Where case was determined on demurrer
pa eae a 312, 17 S.W.(2d) 241; Jones v, to petition, agreed statement of facts should
a ealth, 230 Ky. 24, 18 S.W.(2d) 287; be treated as amendment to petiti
sige i. Commonwealth, 223 Ky. 128, 3 S. W. ~

; Adams v. Commonwealth, 227 Ky. _ A i
: y. ppeal from Circui
255, 12 S.W.(2d) 275; Oldham v. Common- County. eo ee
wealth, 228 Ky. 307, 14 S.W.(2d) 1065.
hic oes record in this case, it appears that
rial was conducted in an orderly man-

ner and was unusually free from ae Two pe ol am larg Cl a
pas apap were appointed to defend ap- apace

ant, and they discharged every dut Ja B :

y owed mes B. Milliken, of N

to him and rendered the best possible service lant. oe ee
under the circumstances. As the record does

Action by Edward J. Davis i
: F against the
City of Newport and others. Judgment for

Arthur J. Daly, of Newport, for appellees.

r othe Sed
CF or other cases see same topic and sag
Pp KEY NUMBER in all Key N umbered Digests and Indexes


s
'
: Ky.” 40 SOUTH WESTERN REPORTER, 2d SERIES
! i om-
pt delivered in the raft at ag ae ek
SS . pany agreed to measure
mOenet.+ sting ste comeee ©: a el as convenient between May 1, 1927,

DEATON. and November 1, 1927. A controversy arose

between the parties to this contract, and “
found its way to this court. ang
Robinson Lumber Co. v. Reynolds, 230 “y-
(2d) 966.
s and logging €=8(4). 201, 18 S.W.( i bead
{. aber assuming contract to sell and de- In the meantime, see RS pasate te
liver logs held obligated, notwithstanding vot into between the cane wie neeee-
ad, take over that co: .
ess provision, to build tram T0a%, Heaton, to pally,
Seco all parties understood plaintiff's pred ent appears to inchs barry “Angust
fterwards reauc 5
commer wae to EEE Pes 1927. By this written contract nage
2. Logs and logging €=8(3)- ae bound Meee ie one seromgees gst “sd
‘ forming contract 4° 1928, all the logs %
Plaintiff ostensibly pertor! ’ ’ to the company at the
ng himself by Reynolds Brothers to mai
to sell and deliver logs, govell Iti : -ith Reynolds Brothers.
i thout consulting )»jces agreed upon W ae
his understanding cage h x i ct one-sixth was payable
ver on theory De jnder this contract 0
stipulations, could not reco ; “measured and branded on
ewith. the logs were “m
ee ee ected tram road;” 50 per re na a
3. Logs and logging €=8(5). one-sixth as the logs — ays f atiatel,
On conflicting evidence, construction * palance when all of secon a Tt was povided
i eld for cour rtain advancements.
contract Sremhene Ss" zai ant “all the terms of the contract acted
4. Logs and logging €=8 (5). Reynolds Brothers and the aoart ot ts a
Whether contractor or contractee breach- jnson Lumber Company are
ed contract to sell and deliver leat, Mele Sve wr llee testified that he knew nothing
. e appe te
i ke about the terms of the Reynolds on
t Court, Leslie County. that he agreed gos agence oe ion
- d been show ;
Action by S. B. Deaton against the Mow which pe pe etract to the Reynolds contract
sa and Robinson Lumber Company. Judg- ence in

t. However, his
was to have been taken out. —
— — rege gm peer admissions dissipate claims of ignorance and

papers the Reynolds
Reversed. elimination of the ogee brought the
Shumate, of Irvine, and M. ©. contract. He testified to nage
mages »ppellant. logs to the tram road, which he says ra
Begley, of Hyden, for appe ¢ Jack- church a few hundred yards from the river,
G. C. Allen and A. H. Patton, both of Ja Cc

he company many
lee. and says he called upon £
non ee hi oa — poe rs measure and brand the logs, with the

y 1 them with his
offer that he would hau
ang teams to the river. He stated that he eould

: tipulated
: tten the logs to Maloney as stl
i ination were simply have 6° not failed and
evidence om rect xB appt, be inhi cOmtract 80 he he agree
that, under a cont tated refused to perto ; gs, Because
: ber of logs of sta i d measuring the logs. Bec
had hauled a certain num ple to by branding an ; gu cacaneed
oad and was unable d get no action by it, he aban
quantity to a tram r : hem at a he could ge He did not
tt to deliver them time in December. e
complete his contract llant’s the job some ie toneet
: because of the appé tand he was bound to have the 105
point on the river : s, and understa ber 1st, a3
cgay we oe ee “2 000. a completed pace deg by Novem
that he had there -am- the company con :
develo on cross-ex : : » tobe
ine daar pores Beret gh the case did not {1] pie aed mongee e a cat ma al
: ’ it- yj o sho :
coincide with the appellee's claim thus epit- vides w yO atta inet 1 understood Rey
ized pape sa as to do the work, and that
a M 1927, the company entered inte nol ee ‘them $125 for some purpose,
“oe elit Reynolds Brothers by which he was = ete clearly disclosed. From the
peer r agreed to deliver at Maloney by which was no Route
april ‘1928, pose gllggcearen pene bai peapreegeee parties, it is easily ones
. n certain timber land. tr re to build
ek = grey eet price was pay- that gre pacer ier So
d road, an d was
of logs should be measured an itment. The roa
sad outa! on the skids on completed _pellee under eos ney Brothers (who seem to
pai ead » and the balance when they were completed by Rey
tram road,

Y-NUMBER in all Key-Numbered Digests @

Court of Appeals of Kentucky.
June 16, 1931.

Appeal from Circui

STANLEY, C.
The appellee Sambo B. Deaton’s petition

nd Indexes
G@=For other cases see same topic and KE

JENNINGS v. COMMONWEALTH Ky. 279
40 8.W. (2d)

have had some interest with the appellant) to set aside an indictment, shall not be
in April, 1928, and, although under the con- subject to exception.
tract the appellee had until July 1, 1928, to
get the logs to Maloney, he did nothing fur- 3. Rape €=51(I).
ther after December, 1927, except to request Evidence sufficiently supported convic-
the measurement and branding of the logs. tion for rape.

The company relied on the written contracts
with Deaton and Reynolds Brothers, insisting 4 Criminal law €>741(1), 742(1).
that the tram road was to be completed and Witnesses’ credibility, and weight to be
logs placed at the road by November Ist. Its given their evidence, are peculiarly for jury.
agent testified that the company was at all
times ready and willing to measure and brand 5- Criminal law €=1159(2).
the logs, but the appellee did not have them Court of Appeals cannot disturb jury’s
ready. It did not comply with Deaton’s re- verdict of conviction, unless verdict is so
quest to do so after the road had been com- flagrantly against weight of evidence as to
pleted, as the time had expired the previous shock conscience and to compel conclusion
November. It had notified the plaintiff of the that it resulted from passion and prejudice.
cancellation of the contract because of non-

compliance with its terms. Appeal from Circuit Court, Breckenridge
[2-4] The impression to be gathered from County.

the evidence is that Deaton was not familiar gam Jennings was convicted of rape, and he
with the terms of his contract, and that his appeals.
actions were governed by what he understood
: é Affirmed.
the agreement to be without having referred
to its specific stipulations. The case wassub- Allen R. Kincheloe and Jesse R. Eskridge,
mitted to the jury upon that theory, which both of Hardinsburg, for appellant.
was erroneous. Vanzant Lumber Co. v. Hop- J. W. Cammack, Atty. Gen., and J. M. Gil-

kins, 238 Ky. 179, 37 S.W.(2d) 37. Under the bert, Asst. Atty. Gen., for the Commonwealth.
pleadings and the evidence, the court should

have directed a verdict for the defendant. CREAL, C.
Every other question is reserved. Upon an-
other trial, if the pleadings are amended and ayq convicted in the Breckenridge circuit
the evidence is conflicting, the court should court for the crime of rape, and by verdict
construe the contract and submit to the jury of the jury and judgment of the court his
the question of fact as to who breached it.

The opinion of Collins v. Swan-Day Lumber pealed, and the grounds relied on for reversal ©
= 158 Ky. 231, 164 S. W. 813, will be of as- are: (1) That the court erred in directing the
sistance.

sheriff to summon bystanders to complete the

Sam Jennings, a negro, was indicted, tried,

The judgment is reversed for consistent pro- jury when the regular panel had been ex- a

hausted; (2) that the verdict is flagrantly ¢
against the weight of the evidence. -

ceedings,

[1,2] Out of the regular panel, six jurymen ©
qualified and were accepted. Counsel for ap-
(239 Ky. 629)

pellant then moved the court to draw from
JENNINGS v. COMMONWEALTH.

the jury, but the court overruled this motion
Court of Appeals of Kentucky.

June 16, 1931.

{. Jury €72(1).
Court was authorized by statute in di- Section 2247, K 3
. : , Ky. Statutes, in part provides:
tecting sheriff to summon qualified bystand- “Tf, in any criminal or penal a or pro-
ers to complete jury when regular panel be-
came exhausted (Ky. St. § 2247).

ers who possessed the necessary qualifica-

the jury.

2. Criminal law @>1134(5).

wheel case, or may direct the sheriff to sum- ¢
Statute precluded review of trial court’s mon for the trial of that cause any number
action in directing sheriff to summon bystand- of bystanders or persons to fill such vacan-
ers to complete jury (Cr. Code Prac. § 281; jeg
Ky. St. § 2247).

In the case of Leadingham v. Common-
Cr. Code Prac. § 281, provides that the wealth, 182 Ky. 291, 206 S. W. 483, 484, the
decisions of the court upon challenges to

court after referring to that part of section
the panel, and for cause, or upon motions 2247, Ky. Statutes, above quoted, said: “In-

@-For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

|
We ieee eRe ne REET re ON RR UN Re NR ae ERS Ee UKE, SAR oe eer eS

nqsutpasy pesuey *yoeTq fwes ‘SONTNNGL

punishment was fixed at death. He has ap- 3

the jury wheel a list sufficient to complete Cy
and directed the sheriff to summon bystand- a

tions as prescribed by statute to complete j4

ceeding called for trial, the panel shall be ex- e
hausted by challenge, the judge may supply 5
such jurors by drawing from the drum or f\)

_ We paves

i eel

5 Ng pa ape genre eee EE 5

| HOWARD, Jim, black, elec. Ky. (June 6, 1919.

Racial Violence in Kentucky
1865—1940

Lynchings, Mob Rule, and “Legal Lynchings”

LOUISIANA STATE UNIVERSITY PRESS

Baton Rouge and London

\a*

ty
¥
i

SiG RO ANIR AOLE EF

sean anit Saget gE R TRIS SLATS Pe Ree


274 Racial Violence in Kentucky, 1865- 1940

been stabbed nineteen times. After questioning all of the residents in
the neighborhood where Robey died, the police began a search for two
black teenagers, Jessie Smith and James Buckner. That same morning,
the city council held an emergency meeting and offered a $200 reward
for their arrests. By evening, the suspects had been captured, and the
police found Robey’s .45 Colt on Buckner.”

The police rushed the two youths to Louisville, where they~re-
mained for only a few days. Back in Lebanon, events moved quickly;
the county prosecutor and court officials agreed to start the trial on
Saturday, May 13, only five days after the murder of the policeman.
They could not have selected a worse day for the trial if they wanted
to avoid violence: People were off from work, and Lebanon would be
crowded with Marion County residents in town on business. Buckner
and Smith were returned as scheduled with the customary group
of heavily armed guards protecting them. As had become common
whenever a murder or rape trial took place, every seat in the court-
room was taken, and more than a thousand people, under the watch-
ful eye of the troops, hovered outside the courthouse. Expressing sym-
pathy for the white crowd, a reporter explained that the people were
threatening “only in that they demanded a life for a life.” Before the
trial started, the judge, the sheriff, and the county attorney openly ex-
pressed their fears of a riot if the jury failed to return verdicts of first
degree murder and death sentences. The four attorneys appointed by
the court to defend the black youths asked to be excused. After their
requests were denied, one lawyer expressed his distaste for the assign-
ment. Buckner was tried first, since the police believed that he had
committed the stabbings. Although it was late in the afternoon before
the jury, made up of farmers and townspeople, had been selected, the
trial began at once and ended quickly. When the jury retired to deliber-
ate, the mob made rumblings that suggested an attempt on Buckner’s
life might occur, but the threat quickly ended when the jury returned
after less than five minutes. The jury, of course, sentenced him to
death. “When the news was spread through the crowd there was a
mighty grunt of satisfaction—that and nothing more.” By now dark-

26. The Louisville Courier-Journal, which prided itself on being a state newspaper,
gave extensive coverage to the entire case. See the paper from May 8-15, 1911, for the
information and quotations in this and the following paragraph. Unfortunately, no
paper from Lebanon or Marion County could be found.

Color-Coded Justice 275

ness had come, and the court decided to postpone Smith’s trial until
Monday, to the obvious displeasure of many in the crowd who would
be unable to attend. In the second trial, the only clear point estab-
lished by the prosecution was that Smith and Buckner were close
friends. Although he had probably witnessed the stabbing of Robey,
Smith had not, as it had been contended, assisted Buckner in any
manner. Nevertheless, his jury deliberated for thirty minutes before
finding him guilty of voluntary manslaughter and handing down a
sentence of twenty-one years in prison.

Buckner became the first person to die in the electric chair in Eddy-
ville. Aware of the public’s continued interest in how condemned
men would die, the Courier-Journal sent a reporter to give all of the
details on how the execution would happen: “The first shock to be
administered to the victim will last ten seconds and will consist of
1,700 volts; the second shock will be a repetition with 300 voltage
added, and the third and last shock will convey the full voltage power
of the apparatus.” At sunrise on July 8, 1911, two months after his
conviction of murder, Buckner died. A black teenager had become the
first victim of the electric chair, and as the paper pointed out, the next
two people scheduled to die were also blacks. Indeed, of the seven
men put to death in rgr11, all were Afro-Americans.?’

A case similar in some respects to the events in Lebanon occurred
in Paducah several years later. Like Lebanon, Paducah had been vis-
ited by racial violence: Two blacks had been lynched in October,
1916, and whites were angry about what they perceived as the mili-
tant response by blacks to the incident. While attempting to arrest
several men outside of a club in the black community, policeman
Will F. Romaine was shot and killed with his own gun in August,
1917. After conducting a thorough search of the neighborhood and
making dozens of arrests, the police named Jim Howard, “a bad type
of negro,” and his friend Harry Porter as their leading suspects. Re-
putedly, Howard had a grudge against the officer for having given
him a speeding ticket in his automobile. In hopes of avoiding further
racial violence, Paducah’s black teachers, physicians, and business-

27. Ibid., July 7-9, 1911; in the Governor Willson Papers, see “Respite of James
Buckner sentenced to be electrocuted on the 9th day of June, 1911, respited unto the
8th day of July, 1911” and “Men Electrocuted In Kentucky Since the Electric Chair was
Installed at the Kentucky State Penitentiary at Eddyville, Kentucky in 1911.”


0 Nw eed lial Ae Nea Ni vie i

276 Racial Violence in Kentucky, 1865-1940

men passed a resolution to show the white community that they, too,
stood for law and order and the punishment of criminals. Black em-
ployees of the Illinois Central Railway expressed, in a resolution,
their regret over the officer's death and offered their assistance in
bringing to justice the blacks responsible. Howard and Porter re-
mained at large for almost six weeks before their capture on a train in
Maysville in northern Kentucky. Within a week, Paducah authorities
had returned the men to stand trial, refusing their request for a change
of venue, despite all of the violence that had happened in the area.
The trial of the two men was quick; the jury was out for less than two
hours. Howard, accused of pulling the trigger, was given the death
sentence, and Porter, his accomplice, received a life sentence. After
delays for more than a year, Howard died in Eddyville on June 6, 1919.8

Very little change occurred over the next two decades. Blacks on
trial for the murder of whites still had to be escorted by heavily armed
guardsmen; whites still flocked to see the “event” and let it be known
that if the jury did not have the stomach to fully punish the accused
blacks, they would. Three blacks were tried for murder in Elizabeth-
town on April 28, 1931, in a courtroom filled, as usual, with hostile
whites. They had been arrested for the murder of a white farmer dur-
ing a crime spree through Illinois, Indiana, and Kentucky. Much of the
mob’s anger was directed toward one of the defendants, Walter Dew-
berry, because he chose C. Eubank Tucker, a black civil rights activist
from Louisville, as counsel instead of one of the white attorneys ap-
pointed by the court. During the court's recess for lunch, Tucker was
physically attacked by a group of white men; one of the assailants
struck him repeatedly in the face with brass knuckles. Several guards-
men took Tucker to a doctor and then back to the courthouse and
remained with him for the duration of the trial. Upon returning to
court, Tucker “filed a change of venue upon the grounds that no jus-
tice could be given in a Court where the State Militia was needed to
guard the prisoners and where the defense attorney narrowly escaped
death at the hands of an angry mob.” The judge ignored the request
and ordered the trial to continue. The all-white jury found Tucker’s
client guilty of murder after deliberating for thirteen minutes.
Charles Rodgers and Walter Holmes also received the death penalty.

28. Jim Howard and Harry Porter v. Commonwealth, 178 Kentucky Reports,
844—48 (1918); Paducah News-Democrat, August 12-15, September 26, 1917.

Color-Coded Justice 277

As had become routine, appeals and delays lasted for almost a year,
but eventually the three men died in the electric chair: Rodgers and
Holmes on April 29, 1932, and Dewberry almost eighteen months
later on November 10, 1933.”

Given how easily many blacks were convicted of murder and sen-

_tenced to death or to long prison terms, it is surprising to discover

that on several occasions they succeeded in challenging their convic-
tions or in having their sentences commuted by the governor. Several
such cases occurred in Lexington in the first decade of the 1900s. On
Sunday, November 20, 1904, a fight occurred in a saloon between a
group of whites and three blacks, John Taylor, Ed Taylor, and James
Garfield Smith. During the struggle, a pistol was fired three or four
times; one of the shots proved fatal to William Moore, a white man.
In the chaos immediately after the shooting, most of the whites left
the saloon, including the man the blacks said was responsible for the
incident. The police, upon arriving, arrested the three blacks and
charged them with murder. Although tried separately, each man re-
ceived a death sentence. One of the jurors in the trial of James Garfield
Smith told a reporter that “a verdict could have been reached without
the jury leaving their seats.” The attorney for John Taylor had asked
the court to overturn the indictment on the ground that “the jury
commissioners had discriminated against negroes in their selection
of names from which the grand jury was drawn.””°

The Kentucky Court of Appeals overturned the death sentences
and ordered new trials. But in doing so, the court refused comment on
the failure of the judge to grant a change of venue or on the continued
exclusion of Afro-Americans from the jury selection process. Instead,
the justices said that errors had been made in how the men were

29. The account of Tucker’s beating comes from the Louisville Leader, May 2, 9,
1931. When calling upon the state’s highest court to uphold the death sentence of Dew-
berry, the prosecutor said that Tucker had not requested a delay or a change of venue
because he had been attacked by a mob, a view substantiated by the judge. When
making its ruling, the Kentucky Court of Appeals said that the statements made by the
whites, and not those of the Negro lawyer, were correct. The appeals for the three men
were heard separately by the court but decided on the same day. See 241 Kentucky
Reports (1931) for Holmes v. Commonwealth, 573-87, Rogers v. Commonwealth,
593-94, and Dewberry v. Commonwealth, 726-38.

30. Lexington Herald, November 22—December 4, 1904, and for all of January and
February, 1905; at the Kentucky Department for Libraries and Archives, see Fayette
County Circuit Court Judge Criminal Dockets, 1899-1905 (December 14, 1904), 506.


200 SOUTHWESTERN REPORTER (Ky.

tenant to the lands of appellee. See Muirynot liable for conversion for issuing stock to

v. Cox, 110 Ky. 564, 62 S. W. 723, 23 Ky.

an assignee of plaintiff's certificate of stock

which was bein
Law Rep. 6; Mitchell v. Pratt, 177 Ky. 438, | honk it having

exchanged for stock of such
e right to rely on such assign-

197 8. W. 981; Henry v. Koch, 80 Ky. 391, | ment.

44 Am. Rep. 484; Lebus v. Boston, 107 Ky.

Appeal from Circuit Court, Cumberland

98, 61 8. Ww. 609, 52 8. Ww. 956, 21 Ky. Law County.

. St. Rep.
Rep. 411, 706, 47 L. R. A. 79, 92 Am
838; Irvine v. McCeary, 108 Ky. 495, 56 S.

Suit by J. B. Harvey against the Bank of

Marrowbone. From a judgment dismissing

W. 966, 22 Ky. Law Rep. 169, 49 L. R. A./ his petition, plaintiff appeals. Aflirmed.

+ O’Daniel v. Baxter, 112 Ky. 331, 605
=. 805, 23 Ky. Law Rep. 1630; Stone v.
Burkhead, 160 Ky. 47, 169 S. W. 489; Thom-
as v. Bertram, 4 Bush, 317.

{2] Nor does the fact that some years ago,
when appellant desired to fence hig land,
appellee, at his request, placed bars and
later a gate across the passway in the line
fence, as this was entirely consistent with
and permitted the exercise by both parties
of their respective rights in the land. Max-
well v. McAtee, 9 B. Mon. 20, 48 Am. Dec.
409; Bland v. Smith, 66 S. W. 181; Gibson

; er, 15 S. W. 871.
binge: even if, as er by pang

upported by some evidence, a few

pe las caaemed? was plowed and cultivated
by appellant one year in oats, although this
seems improbable from all the evidence, or
if immaterial changes may have been made
in its location by appellant to suit his con-
venience, neither of these facts would de-
feat appellee's right to the passway; it be-
ing appurtenant to his land by implied grant,
which could have been accomplished by ad-
verse possession only for the statutory pe-
riod. Clay v. Kennedy, 72 8. W. 815; Potts
v. Clark, 62 8. W. 884; Curran v. City of
Louisville, 838 Ky. 628; Hook v. Joyce, 94
Ky. 450, 22 8. W. 651, 15 Ky. Law Rep. 837,
21 L. R. A. 96; Johnson v. Clark, 57 8. W.
474, 22 Ky. Law Rep. 419; Boyd v. Morris,
106 8. W. 867, 82 Ky. Law Rep. 642.

Appellee having established his right to
the passway as an appurtenance to his land,
it is not necessary to consider his claim by
prescription, nor to discuss the authorities
cited by appellant’s counsel which refer only
to that question.

Judgment affirmed.

cd
(178 Ky. 793)
HARVEY v. BANK OF MARROWBONE.

(Court of Appeals of Kentucky. Jan. 24, 1918.)

TION OF AcTIONS €—>103(3)—TRusTS

1 anna CoNsTITUTES REPU-

"Wiese bank received a certificate of stock

in trust, an issuance of new stoek to another

in place of it, with the knowledge of the bene-

ficiary, is a repudiation of the trust which

starts the running of limitations. a“ ,

ND CONVERSION €->25 — Issu-

* Soa Srocx—Aors BY CasuieR—In In-
CaPacirty,

"Sraene 4 a cashier of a bank in his

capacity negotiated an exchange of st

rsonal
of the
bank for another person holding stock of such

C. B. Hicks, of Munfordville, and Baird &

Richardson, of Glasgow, for appellant. P,
Sandidge, of Burkesville, for appellee.

MILLER, J. This is an appeal by J. B.
Harvey from a judgment of the circuit court
dismissing his petition in which he asked
that the Bank of Marrowbone be required to
issue him a certificate for five shares of its
capital stock, and to account to him for the
dividends on five shares of its stock from
April 29, 1903. Harvey's claim grew out of
the following facts: In 1903 the Bank of
Cumberland and the Burkesville Banking
Company were rival banks, doing business in
Burkesyville, and the Bank of Marrowbone
was conducting a banking business at Mar-
rowbone, in the same county. C. W. Alex-
ander was president of the Bank of Cumber-
land, and 8S. J. Pace was the cashier of, the
Bank of Marrowbone. Upon the organiza-
tion of the Burkesville Banking Company,
prior to 1903, it was agreed among its pro-
moters that no one of them should own more
than five shares of stock. BH. B. Pace sub-
scribed and paid for five shares of stock, and
requested appellant, Harvey, his nephew, to
subscribe for five additional shares in his
own name; Pace stating that he would pay
for them. This was done. Harvey subscrib-
ed for the stock, and Pace paid for it.
Alexander, the president of the Bank of
Cumberland, originated a plan to obtain con-
trol of the Burkesville Banking Company
for the purpose of liquidating its affairs
and thus remove the competition to the Bank
of Cumberland. The principal feature of
this plan consisted in Alexander’s buying
quite a block of stock of the Bank of Mar-
rowbone and exchanging it for stock in the
Burkesville Banking Company, -share for
share. BE. B. Pace approved the exchange,
and on April 29, 1903, he assigned his certifi-
cate for five shares, had Harvey assign his
certificate for five shares, and HD. B. Pace de
livered both certificates to 8. J. Pace the
cashier of the Bank of Marrowbone and re-
ceived in lieu thereof a certificate in his own
name for ten shares of stock in the Bank
of Marrowbone. No question was made by
Harvey at the time as to E. B. Pace’s owner-
ship of all the stock, and E. B. Pace so treat-
ed it, held it, and collected the dividends
thereon until his death in April, 1915, a peri-
od of about 12 years. 8S. J. Pace, the cashier
of the Bank of Marrowbone, who acted for

pank, the bank was not a party thereto, and is

Alexander alone, and not for the Bank of

@=>For other cases vee same topic and KHY-NUMBER in all Key-Numbered Digests and Indexes

Ky.) HOWARD v. COMMONWEALTH 29

Marrowbone, in this transaction, died in
1905. J. E. Williams, the cashier of the

Burkesville Banking Company, is also dead.
On May 20, 1916, 13 years afterwards, Har.

vey instituted this action for the purpose
above indicated against the Bank of Marrow- him in the transaction.

bone, claiming that the bank held the five

shares of stock for him asa continuing trust.

It is not alleged that the appellee knew of

Harvey’s claim to the stock at the time it is-

sued the new certificate to E. B. Pace.

The first paragraph of the answer is a
traverse of the petition. In its second para-
graph the Bank of Marrowbone alleged that

Harvey was not the owner of the stock; that

he held it in trust for his uncle, E. B. Pace,

and surrendered it to him; that he in turn
surrendered it to the bank Properly indorsed
by Harvey, and that new stock was issued
in leu thereof to B. B. Pace; and that the
transaction, which was thus closed, ended
any trust relation that might have existed
between Pace and Harvey, or between Har-
vey and the bank. In its third Paragraph the
bank alleged that it was not a party to the
transaction by which the stock standing in
Harvey’s name was transferred to Pace, and
that it is not lable after B. B. Pace appro-
priated it; and in the fourth paragraph the
answer pleads the statutes of 5 years’ limita-
tion and 10 years’ limitation.

The circuit court rested its decision dis-
missing the petition upon the statute of lim-
itations. It also might well have rested it
upon the facts of the case, which show be-
yond a doubt that Harvey never really own-
ed the stock, and that it belonged to his un-
cle who paid for it and took it in Harvey’s
name a8 a matter of convenience and out of
respect for the agreement made with the
other promoters of the Burkesville Banking
Company. Harvey's claim that the bank has
held these five shares of stock for him as a
continuing trust since 1903 is not sustained
by any competent evidence.

The appeilee not only issued a new certifi-
cate for the stock in question to B. B. Pace
on August 23, 1903, but Harvey knew that
fact at the time, or shortly thereafter, and
made no complaint or claim whatever for

claim. The testimony of G W. Alexander
that S. J. Pace represented Alexander alone
in the transaction is not contradicted. The
certificate was regularly assigned by Harvey,
and the Bank of Marrowbone did not know
Under the proof,
appellant’s contention that the Bank of Mar-
Trowbone held the stock in trust for Harvey
is wholly without merit. Furthermore, any
claim that Harvey might have had was
clearly barred by limitation.

In Covington & Lexington R. Co. v. Bow-
ler’s Heirs, 9 Bush, 468, the court said:

“It is a suit to declare and enforce an im-
plied or constructive trust. The cause of ac
tion, if one exists, accrued when Bowler finally
and decisively repudiated the claim of appellant,
and asserted title in himself. The limitation to
actions of this character is five years.”

See, also, Jolly v. Miller, 124 Ky. 113, 98
S. W. 326, 30 Ky. Law Rep. 341, and Mercer
County Court v. Springfield, Maxville & Har-
rodsburg Turnpike Co., 10 Bush, 255.

{1] If, by any stretch of the imagination, it
could be said that the appellee received the
certificate in trust for Harvey, it is clear
that the trust ended when the appellee is-
sued the new stock to B. B. Pace in 1903.
That was a repudiation of Harvey’s owner-
ship of the stock (if he really owned it), and
a recognition of BE. B. Pace’s ownership, in
which Harvey acquiesced. The statute there-
fore began to run in April 1903.

Appellant waited more than a dozen years
before making a claim or bringing this ac-
tion. In the meantime E. B. Pace and 8. J.
Pace, the two persons who knew all about
the transaction, had died. If the appellant
had any valid claim to the stock in question
it is indeed surprising that he did not assert
it during the lifetime of his uncle, who had
paid for the stock, and to whom appellant
had surrendered it in 1903.

[2] Moreover, the appellee was not a party

to the transaction between Harvey and B. B.

Pace. The appellee was fully justified in is-

suing the new certificate to BE. B. Pace, pur-

suant to the assignment of Harvey, and if

Harvey had any claim for a conversion of

te stock it was against B. B. Pace, and not

against appellee. Under any view of the

more than 12 years, and until after the death | ©ase, Harvey's claim is without merit,

of B. B. Pace, 8. J. Pace, and J. B. Wil-
Hams. When Harvey was asked why he did
not go to the Bank of Marrowbone and de
mand the five shares of stock which he

Judgment affirmed.

(178 Ky. 844)

HOWARD et al. v. COMMONWEALTH.

Claimed to own, he gave as an excuse for | (Court of Appeals of Kentucky. Jan. 29, 1918.)
- doing so that he thought “there had 1, Homicipe @>11—"‘Matice.””

been something crooked about it.” If he had
really thought there was something crooked
about the transaction, that constituted a good
Treason for his asking about it and demanding
the stock, rather than an excuse for not doing
so. He assigned the certificate of stock and

admitted he knew at the time that the bank | 2. Homicipg

had issued stock to some one else; neverthe-

Malice in the sense of hatred or malevolence
toward deceased need not be shown to support
verdict of murder, but “malice” means the in-
tentional doing of a wrongful act without legal
justification or excuse.

(Ed. Note.—For other definitions, see Words
and Phrases, First and Second Series, Malice.]

@11 — “Marice Arore-
THOUGHT.”

less he made no investigation of his alleged

“Malice aforethought” means a predetermi-

nation to kill without legal justification or ex-

>For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes |

ot Bin da

ine rien a. SES

at

ned the story
id Walling.

Jackson was
Dental college
its repeatedly.
ress that the
itified as Pearl
ed the student

im down and
iotification that
charge of mur-

too? ;
: intimation of
The detectives

al and he’s put

1a cell, the de-
ok up Walling.
ne from a fine
iana family and
and classmate
son was the son

n officers took
like Jackson, he
{ Pearl Bryan's

t the City Hall.
‘aldwell’s office.
-oomed, the stu-
.o more emotion
nto a classroom:
nod to Stone.

Jeitsch, ignoring
you know about

ed as the cousin -
is story. .
ito space. Walling
his legs.

say, Jackson?”
he cold metallic
“you are bringing
pon me and my
glanced momen-
ently to see if his
ship was buoying
u are all wrong.
here I never saw
here. I don’t be-
was killed. But
ito the hands of
shows I have never
3. And you can’t
+ woman who will
n Pearl's company
ucky. I refuse to
I had no hand in

-d Colonel Deitsch,
Sulkily the

eeve.”
ited. There were
itches. “How did

came the glib reply.
ed at the station
pout it.”

hen that poor, be-
g to keep you from
-ous knife into her
very well you did.
mn vou to have you
5 already.”

alling’s presence we
juestions. But each

“T've told you all
DYNAMIC

5 wie

BG eR BBC SH

SP Ree

se ee

I know.” Walling was equally ‘stub-
born.’ He maintained that he had never
heard of Pearl Bryan until he read about
her in the papers.

Had Visited Saloon

ONE thing only was gained by these
inquisitions — the defense Jackson
planned. We. had plenty of circumstan-
tial evidence but we had no one who
would swear to seeing him with Pearl
Bryan since she left Greencastle.

The first piece of luck came when a
cabman identified a photograph of Miss
Bryan as “the pretty blonde I drove
from the depot to the dental college.”
Upon arriving at the school the girl had
asked him to go in and get Jackson.
Inquiry developed that the student was,
not at the college so the girl had re-
quested to be driven to a hotel. At the
hotel there was no record of a ‘Miss
Bryan. But the name “Mabel Stanley”-
was on the register. The clerk remem-
bered very well now that “Miss Stanley”
and “Miss Bryan” were one and the
same.

A search at the medical college re-
vealed, a pair of blood-stained trousers
in Walling’s locker. They were identi-
fied as belonging to Jackson. Next came
a very important break. At Walling-
-ford’s saloon, the proprietor thought the
pictures were those of a trio that visited
his wineroom on the evening of the mur-
der. A colored porter had waited on
them. He was called in and shown the
photos.

“Yes, sir,” he said after studying them
for a moment, “they were in here early
Saturday evening, all three of them.”

“What did you serve them?” I asked.

~ liquor.

“The men took whisky,” was the reply.
“The lady said she wouldn’t touch any
They argued with her but she
was against it. So they ordered sarsapa-
rilla for her.”

“Did you notice anything unusual about
their actions?” I queried.

“Well I tell you, boss,” the porter re-
plied, “I guess they doped her.”

McDermott and I thrilled at that reply.

“Why do you say that?” I questioned.

“Well, the fellow with the droopy mous-
tache joshed her about her soft drink and
asked to taste it. He took a sip or two
and then when she wasn’t looking I saw
him pour a few drops out of a little
bottle into the sarsaparilla. He shook

“the glass and handed it back. The girl

wasn’t particular about drinking it but
the man insisted. When they went out
she was pretty woozy.”

There was a saloon opposite their
rooming place on West inth street.
The. pair visited the bar often. Inquiry
as to whether they had been seen there
the night of the murder brought the
information from the night bartender.

“Sure,” he replied to a question, “the
two came in just before we closed early
Sunday morning. Jackson had a valise
and asked me to keep it for him. I've
still got it.”

At last the lost head, J thought. But
as he dug the valise from under the bar
and I lifted it my heart sank. It was
empty. é

“Tt wasn’t empty when they brought
it. Something rolled around in it,” the
bartender said. “They came in and got
the valise later. When they brought it
back about five minutes afterward, it was
empty.”

Quite clearly the poor girl’s head had

Seah ES) GRY das aS eae

rested in the valise under the bar from
early Sunday until Monday night. Then
when the late Monday afternoon papers
announced that the victim had_ been
identified at Greencastle the murderers
had rushed into the saloon, taken the
grip and disposed of its ghastly con-
tents before returning it—and all in five
minutes. Plainly the place of disposal
was nearby. We redoubled the search
for the head.

Still another highly important bit of
evidence appeared before the trial. A
negro cabman, trembling and almost hys-
terical, came to headquarters and asked
of Colonel Hazen:

“Can a man be mixed up in a murder
if all he done was at the point of a‘gun?”

And when the detective chief had
calmed him and obtained his story, we
knew how the journey to the murder
scene had been made.

Claimed By Scatfold

N APRIL 7, 1896, Jackson went to

trial. He was convicted five weeks
later. Walling was convicted after a
ong trial in which his family almost im-
poverished themselves to save him. De-
lays postponing the execution prevented
the climax of the crimson drama until
March 20, 1897.

Both men went to the scaffold, denied
their guilt, allowed the black hoods to be
drawn over their heads and the rope
fixed, then dropped through the trap to
their doom.

Pearl Bryant’s head was never found.

(To avoid embarrassing an innocent person
the name, John Stone, used in this story, ts not
actual, but fictitious.—The Editor.)

Trapping Illin

[Continued from page 11)

ois’ Sex Fiends of Lovers’ Lane

Monk’s Mound was the scene of their
next vicious attack. At 11 o'clock that
night of March 11 a sporty touring car
drove alongside the mound and. parked.
It contained two laughing, care-free
couples. In the distance to the west could
be seen the subdued lights of the city.
Awed by the beauty of their surround-
ings, the romantic youngsters felt as if
the world were millions of miles away.

“Put up yer hands, punks!”

The astounded couples gaped at the
muzzles of four steady guns. The girls
screamed shrilly. f

“That won't do you any good,” barked
a voice. “If you behave yourselves no-
body’ll be hurt. If not—” the voice rose
ominously. “There'll be four corpses on
the road here tomorrow morning!”

He flung the door open. “All right,
climb out!”

As they hastened to obey’ the order, the
boys were paired off to one side, the girls
on the other.

“Take the punks over behind the
mound,” the. bandit leader commanded
one of his men. “Keep guard over them.”
We'll let you join the fun later.”

At Mercy Of Fiends

HE girls stood trembling with fright.
arms about each other as they watched
the three crouching figures approach.
Desperate with horror, they realized they

DETECTIVE .

were totally at the mercy of sex-mad
fiends.

Mere printed words could never de-
scribe the physical and mental agony they
suffered during the hours which followed.
With heartless cruelty, the two girls were
repeatedly ravished, They were beaten,:
kicked, made to suffer unspeakable indig-
nities. Rough nails tore their skin, fists
battered their faces, their frocks were

torn into shreds and smeared with the

clay of the mound....

One of the men we'd rounded up in
our many raids of the underworld was
Johnnie Clark. He closely resembled the
bandit who, during the Duncan holdup,
had gone outside to tamper with the
owner’s car. Tall, unnaturallv thin, grey-
eyed and slightly pock-marked, Clark had
once been brought to court on a statutory
charge of attempted criminal assault.
However, when Duncan was asked to
visit the sheriff’s office in an attempt to
identify the suspect, he informed us that
despite a close resemblance Clark was
not one of the bandits.

A few nights later, investigating a re-
port of a prowler in a west side resident’s
chicken yard, a deputy came so close to
catching the prowler that he saw the
man’s face. But the man had managed
to escape in a car driven by.a confederate.
That man, stated the deputy, was none
other than Johnnie Clark!

Once mores Clark was brought in; and

once more he succeeded in proving his
innocence by establishing a positive alibi.

Our starting point was that one of
the bandits resembled Johnnie Clark.
We began frequenting various taverns
throughout Belleville where the shadier
element were known to congregate. It was
weary work looking night after night for
a slim, pock-marked individual.

Meanwhile the attacks were occurring
with horrifying regularity. though they
weren’t all being written up in the press.
In the midst of our new line of approach
one of the worst atrocities of all was
committed.

On the night of July 16 a young couple
were held up near the Stooky school-
house in Belleville by two holdup men.
After the escort had been robbed and
chased away at the point of pistols, one
of the bandits (a round-faced, heavy-set
man) forced the young woman to accom-
pany him to an adjoining corn field where
he assaulted her repeatedly.

The man’s daring was disclosed when
the escort brought police to the scene
while the young woman was being rav-
ished. Forcing her to remain quiet, the
attacker kept her in the corn field while
officers searched it.

To date the gang had staged 75 holdups
and 50 reported attacks. How many at-
tacks were never reported we could only
guess.

Still clinging doggedly to our hunch

57


iddle of the Decapitated

o You Know All the Facts?

He was walking on tiptoes and his
hands were shaking as he spread apart
the bushes to step closer.

“Hello! Wake up!” he shouted. But

' the woman did not move.

He’d look at her face, he decided.
He bent over and pulled aside the
coat—and screamed at the top of his
lungs. There was only a bloody stump
where her neck and head should have
been.

The, boy screamed again and again.
His eyes ran over the small, hidden
bower, noted the splattered blood and
the articles of apparel scattered
around. Then he steeled himself to
look at the corpse again. Yes, he was
right. The woman’s head was gone,
He wheeled and ran Screaming toward
the house. He did not remember later
that he fell in his mad flight and
Scratched his face on a briar bush.

One of the minor mysteries of the
case was how word of Johnny’s grue-
some discovery spread so quickly
across the Kentucky countryside.
Within a couple of hours the quiet
little bower was alive with people and
more were arriving every minute,
their horses panting from miles of
galloping over the rough country

Scott Jackson, below—he was not
worried over the disappearance of
his fiance. At left the gallows
as the murderers paid their debt

. cinnati

No one has yet found the head of Pearl Bryan,

shown

above in one of the few pictures of her still in existence

roads. The alarm was spread mostly
by word of mouth, for telephones were
not extensively used at that time, but
long before noon that Saturday every
person for miles around seemed to
know that murder had been done at
the farm of James Locke.

It was a telephone message to Cin-
Police Headquarters that
brought me into the case. At that time
Jack McDermott, my able partner, and
I were young detectives, assigned to
the weighty job of investigating and
keeping under control the city’s many
bordellos.

N 1896, “nice” girls simply were not
murdered. So, when word came that
the body of a headless girl had been
found near Fort Thomas, McDermott
and I were immediately sent to the
scene in the belief that the victim
probably was one of our city’s “Scarlet
Sisters” whom we might be able to
identify.

We arrived in Fort Thomas before
noon by stage-coach and found about
fifty men standing around the muti-
lated body waiting for someone to act.
Sheriff Jule Plummer, of Campbell
County, Kentucky, was there, and Mc-
Dermott and I immediately sought him
out.

“I haven't the least idea who she is
—or was,” Plummer said. “I guess
you can see from the way her skirts
are that she was a blonde, all right,
and she was pretty well dressed. But
there isn’t a single thing around here
to show who she might be.”

The girl was wearing a brown wool
coat, a brown silk dress, petticoats,
black shoes and stockings, and rubber
Overshoes, but her bloomers and hat
were missing. Plummer had gathered

together a few articles which he had
found around the body and they were
in a little pile. There was a suit of
knitted union underwear of a fairly
expensive grade, a thin, blood-stained
kimono, a “Mother Hubbard” type
dress of light-blue calico, a new white
corset, a cotton nightgown and a pair
of yellowish-brown kid gloves.

“Seems as though she must have
been carrying these things in a valise
—but where is the valise?” the Sheriff
queried. “Maybe whoever killed her
carried her head off in it.”

McDermott and I took measurements
of the victim’s torso, judged her
weight, examined her clothing and
checked against the descriptions we
had of missing Cincinnati girls. We
were soon convinced that she had not
been one of our Scarlet Sisters and
we were as much at sea as anyone
else as to who she might be.

Before we had completed our exam-
ination one of Sheriff Plummer’s as-
Sistants arrived with a couple. of
bloodhounds. I had mentally noted
that the many curious spectators had
tramped around the bower and I
doubted that the hounds would be of
much value in picking up the murder-
er’s tracks. However, in those days
before we had perfected laboratory
detective work, bloodhounds were the
policeman’s best friend and I was hop-
ing against hope that they would aid
u

Ss.
Theoretically, of course, when we
failed to identify the body McDermott
and I were through with the case since
it was out of our jurisdiction. How-
ever, Sheriff Plummer was the only
criminal investigator in his county and
he requested that we aid him. We will-
Antiwar wn n Per


To employ these tricks saeeessfully,
eee oneed te be neather strong: aor big
All that is,necessary is a little prac-

tise and oa little eoura With these
Hornall person can make shorl work of
a stronger, taller or heavier person,
sut before the tricks can be used one
must understand something of the un-
lerlying principles of this art.

{, how is it pessible for a small
moto best a larger, stronger Oop-
it by ju-jutsu? We rely upon
( se for one thing, and speed for
whother, But most important, we rely
upon two other factors—surprise and
the unbalancing of the attacker.

What do people do when someone
i to grab or strike them? Most
is try to escape the danger by
ng or running or jumping back-
This is a defensive reflex to
‘h both men and women are sub-

Men, however, being’ prone to
icufls, are less likely to back up
nh are women.
defending oneself by ju-jutsu, one
s not retreat. It takes a little cour-
‘oman not to back away
her assailant, but consider this:
xu are faced with an attacker, re-
ev that he will be determined:

s iving urge will not allow him to
desist merely because the woman tries

away. He'll only go after her,
vest bet ois to carry the tight
1. Do not step back; step for-
fo mect him. This will take
ay but if you will practise a few
!U-jutsu tricks your confidence in your
ibility to defend yourself will increase
your courage.

[t was pointed out that the element
of surprise also plays an important
part in these tricks. Your assailant
expects you to back up. When you do
not, when you close with him, he is
surprised, caught off guard. If you
are quick to take advantage of his be-
wilderment (which is momentary) by
executing the movements which fol-
low, you can, in the majority of cases,
completely subdue your attacker.

The attacker must be caused to lose
his balance. This is actually part of
the general scheme which includes
courage, speed and surprise, for if you
put into effect those three you can un-
balance your opponent by taking ad-

to vet

The Headless Horror That Was

ingly obliged and obtained orders from
peo superiors to stay with him to the
end.

Plummer worked the dogs while
McDermott and I supervised loading
the body into an undertaker’s wagon
for removal to a Fort Thomas mortuary.
The hounds went off at full bay and
presently were circling a small cistern
in a field adjacent to the bower. Spec-
tators who had tagged along were cer-
tain that the missing head would be
found in the cistern, and by the time
we arrived there a lantern already
had been lowered to make certain
there were no poisonous gases hover-
ing over the water and one of the
possemen was being lowered by a
rope.

THERE was deep silence from the
cistern for a few moments and then‘
discouraging shouts.

“No head down here! There’s only
about a half a foot of water and noth-
ing in it, not even a donnick.”

“Just as I feared,” I said to Mc-
Dermott, in a low voice. “One of those
‘farmers who trampled the bower
probably came over. here and the dogs
caught his tracks.”

Just then the hounds started to bark
again and it was all Plummer could
do to hold them as they tore across the
field. Presently they reached the bank
of the Covington Water Works Reser-
voir, where they set up a dismal bay-
ing and refused to leave.

“Looks like they’ve really got some-
thing this time!” Plummer shouted
gleefully. “We can’t drag that pool but
we can drain it even if it does cost

Vote of dibs oir Porn veel tienen
(et ais Wel a dns su pense

In other words, when someone tries
loograb another person or riches at
him, the attacker naturally exerts his
weight and strength in the direction
of the vietim, Hf the vietiny will step
forward instead of backward and exe-
cute a trick which will carry the at-
tacker farther in his forward direction
he will be thrown off balanee. ‘Chis is
the reason why the victim who knows
ju-jutsir dees not have to be strene:
the vicliny merely uses the attacker's
own strength to frustrate him. Thes«
are general rules of ju-jutsu. Now for
the specific rules of nage-waza, “the
art of throwing down.”

First, put fear of persoriel contact
with your attacker out of your mind
Remember that if you do not get him
he will get you. Second, place you
attacker in a position of broken or un-
balanced posture: third, sce to it that
you put yourself in the cerrect posture;
fourth, act with speed. The best way
to cultivate courage enough to do these
things is to pract ith friends, Lf
you use several cushions er an old
mattress you will not hurt each other,
This will convince you of the truth of
my statements and give you greater
courage.

The second point, broken posture,
May be necessary in cases where two
experts in) ju-jutsu- are confronting
each other, so are not very important
here. Since your attacker is. trying
to grab you, or is rushing at you, he
already is in a broken posture, or un-
balanced. In most cases his feet will
not be close together und one foot will
be advanced farther than the other.
Usually it will be his left foot. At
other times, he will be moving, and in
that event the best moment to attack
him is when he has one foot raised
from the ground.

‘TERE are many ways in which this

attack can be made. We shall take
one of the elementary ju-jutsu tricks.

This trick can be employed in a good
many cases because the attacker usu-
ally will be in a good position (unbal-
anced) to be thrown. In other words,
he is either rushing at you or has his
arms upraised or outstretched to grab

a barrelful of money. We got to find

‘that head.”

And he was right. It must be un-
derstood here that finding that missing
part was, indeed, our most urgent
problem. Without it we realized it
would be almost a miracle if we could
ever identify the victim. And without
identifying her, we certainly couldn’t
expect to find her slayer, for we had
not a single clew to work on. Remem-
ber, we had no system of finger-print
identification in those days.

Sheriff Plummer was as good as his
word. Before dawn on Sunday he had
arranged to have the 35,000,000 gallons
of water drained from the reservoir
at a cost to his county of about $2,000,
and by noon the work was well un-
der way. The Sheriff remained at the
scene urging on the workmen and a
large crowd of curious lined the banks.
In the meantime, however, McDermott
and I were busy with other things.

Early Saturday evening we had ar-
ranged for a medical examination of
the headless body and the surgeons
had disclosed the sickening fact that
the butcherous murderer had really
taken two lives instead of one. The
dead. girl had been at least three
months pregnant when she _ had
breathed her last. It could be easily
deduced that this condition had some
bearing on the murder, but what or
why we couldn’t say. We surmised
that she was unmarried, for there was
no wedding band on her finger or any
indication that she had ever worn one,
but still this did not aid us.

The doctors had found no marks of
violence on the body below the neck

vou Pht vecteebel tae Deas Towed yaone
woyou will wot have to practise rule
two; but you immediately put yourself
thoposition to obey rule three by adopt-
ing the correct posture for yourself.
This consists of advancing your right
foot so that it is close to or touches
the right foot of your attacker.  Al-
Ways place your foot at the inner side

of your attacker's foot, as in drawing
No. 1. Next. quickly grab the at-
tacker’s upraised or outstretched right
wrishoas ii dirawing No. 2, throw your-
self against him and at the same time
auickly turn your own body around
still holding to his right wrist. Then
quickly bring up your right hand and
web the outer side of the attacker’s

fht shoulde aus in ving No. 3.

After you have done this give a quick
jerk at the wrist you are holding and
at the same time pull fe rd oon the
attackers shoulder which you are

ehing by your right hand,

Bend
over quickly and, when yeu feel

the

rush of the witacker’s body over your
back, let go. He will land on his head
or his peek

Ju-jutsu is an effective, deadly thing,
and sinee in coses of street attack there
ave ono pate t or cushions about.
your attacker ‘Hin all) probability
receive a broken neck, a broken skull
ora broken let Which is as if
should be hie trick just oullined is
call ukitoshe

Now [ know that many women will
say, “But these men attack so sud-
deniv---how yoawoman going to de
everything necessary to throw him?
There wouldn't he a chance.” Remem-
ber, the description of this trick is in-

finitely longer than the performance.
Tt requires many words to describe
bul it takes only a few seconds and a
few movements to execute the trick.
If you have the grim determination
not to submit to an attack, and if you
act with a little speed, half the battle
is won. The other half will be won
partly because of the trick you use
and partly because you have surprised
your attacker and thrown him off
guard. And he will help you to do it,
unconsciously, by throwing his weight
toward you. You merely turn the ta-
bles on him by using his own weight,
strength and momentum to lick him.

Noted cnet ab cathe dee denen aeale
that a oma ois easily theowa om what
ever direction his body slants Potyy
body slants forward, le ou: mae
thrown forward; if it slants |
he can be thrown backward wi
cease than in any other direction

other general rule is that it is os
easicr to throw a person if that per-
son's full body weight is being exert
in oa certain direction When a om
rushes) forward it) requires
strength too repulse tina but it
only a little to pull him still farther
a forward direction, That is whs
usele to draw back fr You
tucker or to try to push vay
you. You cannot do it
| CAN think of only one other bit
advice that will make it easy to i
member what to do. It is this: If vou

attacker pushes you, pull: if he tries t
pull you, push. Incidentally, if

tries to push you, remember that his
weight is forward: just as soon as you
have given a mighty pull step out vo:
the way (to one side, right or left
so that he will not fall upon you ani
carey vou down avith ling OF cours

if he tries to pull wou his weight wil!
be exerted backward and all you have
to do is push. This push will add ex-
Lea monientinn fo dis war berek waa

Weight and he'll probably Jand on his

skull or his back.

Remember, you can win. Your at-
tacker’s mind will be full of just one
thing--the accomplishment of his de-
sire. He is not capable of real think-
ing, he’s following a blind urge. He
will not expect tricks: he is unprepared
for anything except to employ his own
crazed strength to get at you. And
if you do not do something, you'll
either die, as countless thousands of
other women and girls have died, or
he will consign you to a living death.
Isn’t it worth a chance?

You do not have to be big or strong
or athletic. But you must be deter-
mined, even fatalistic; say to yourself,
“He'll get me anyway, if I don’t do
something, so here goes!” Then act
quickly and take the chance. Do not
stand idly by and let yourself become
_ woman who need not have
ied.

Pearl Bryan (Continued from Page 29)

except gashes on the fingers, which
showed that the girl must have at-
tempted to stay the stroke of the knife
at her throat. In her stomach, how-
ever, was a smail quantity of cocain,
which apparently had been fed her as
a knockout-drop. We were fairly cer-
tain then that she had been uncon-
scious at the time the murderer had
made his grisly attack. We specu-
lated over the absence of her bloomers,
for girls didn’t go out without them
forty years ago, but there was no ap-
parent evidence that a criminal assault
had even been attempted.

The doctors deduced from the marks
made by the beheading weapon that it
must have been a razor-sharp, double-
edged instrument. They verified our
belief that the crime had been com-
mitted in the bower, for only the girl’s
beating heart could have sprayed blood
over the near-by bushes. Then they
gave. us something to think about.
They expressed the opinion that the
killer must have had an accomplice to
hold the body or else he would not
have made such a clean job of sever-
ing the head.

A GAm, we bemoaned the fact that

so many persons had tramped over
the death scene before we arrived. Had
spectators been kept away we might
have found the killer’s footprints and
visible indications of whether two men
or one had done the job.

I can frankly confess now that Mc-
Dermott and I were a couple of pretty
discouraged detectives when we took
stock of what we knew and attempted
to plot a course for our investigation.

We talked it over, tried to build theo-
ries, and got exactly nowhere.

“We've got just two chances,” Mc-
Dermott finally said. “Either someone
reports a girl missing and identifies
the torso, or they find the missing
head out there in the reservoir.”

“You should have said three chances,
Jack,” I corrected. “I’ve got a hunch
we may be able to trace some of her
clothing. But not now. Come along,
it’s about time for the reservoir to be
emptied.”

We sped out to the waterworks as
fast as a horse and buggy would take
us and arrived just as the workmen
were donning rubber boots to wade
out and examine the bottom. There
were still a couple of feet of water in
the huge tank but the excited men
could not wait for it to run out.

I shall never forget the tense faces
of the crowd around the banks as the
workmen lined up across one end of
the pool and slowly began wading to-
ward the other. Occasionally the line
stopped while a workman bent for-
ward to grope for something under-.
water. The spectators pushed forward

‘and held their breaths and when it

would turn out to be only a stone or
piece of log, as it invariably did, a
spontaneous moan of disappointment
came from a hundred throats. The
drama of the scene gripped me, too,
and as the waders approached the end
of the pool my hands were shaking
and my throat seemed parched.

At last the men climbed out, empty-
handed. The expensive search had
come to naught. Sheriff Plummer was

(Continued on Page 40)

The Next ACTUAL DETECTIVE STORIES Will Be Dated December, on Sale October 22

38

ADL


Few cities or sections of the United States are without a crime classic
—the case that the oldsters love to theorize over and discuss, that the
youngsters want to know in full and accurate detail. ACTUAL DE-
TECTIVE STORIES proposes to present to its readers the full, inside
stories of such traditional cases. And as often as is possible, we propose
to present new and hitherto undisclosed facts in connection with each.

Herewith is presented the first of the series, the crime classic of
Cincinnati. Cal Crim, the detective who handled the case of Pearl Bryan,
discloses for the first time his conviction of what became of the head of
the murder-victim, about which speculation has been active for four
decades. Watch for others in this series. Maybe the crime classic of your
community will be next.—The Editor. sores

By Cal Crim
Nationally Famous Private Detective, Former Chief
of Detectives, Cincinnati, Ohio, as Told to

Jack Martin

Alonzo Walling, below: Medical

T WAS on the cold, gray Saturday Student No. 2—he knew a thing

morning of February 1, 1896, when or two about female anatomy

the case broke. Seventeen-year-old
Johnny Hewling, a hired hand on
James Locke’s farm just outside the
village of Fort Thomas, Kentucky,
about seven miles across the Ohio
River from Cincinnati, had turned out
early that morning to get a good start
on some Winter work.

He ‘hurried through the chores
around the barns, breakfasted at-dawn,
and went back into the orchard about
a half-mile from the farmhouse to
clear some dead branches from the
apple trees. The tree trunks were slip-
pery with frost but he used a ladder
and within a few minutes was whist-
ling a merry tune in time with the
drone of his saw.

He screwed up his: mouth to give a
shrill whistle—but suddenly it came
out a frightened exclamation, for at
that moment his eyes fell on something
lying in the hedge, about 25 yards
away. -

Johnny blinked and stared sharply.
Yes, it was the feet and legs of a
woman that he saw. But why should
she be lying there in the bushes so
early in the morning? Drunk? Sick?
He slid down the ladder and ran to
investigate. As he approached the still
figure he slowed his steps, for he was
not certain what he should do.

It was a woman, all right, and it
looked as though she had her coat
thrown up over her face.

Woven

IN CRIME, Volumb I, Number 1,
ber, 193 Tec

in eMereee pn et tt

Wii Sea den
howd aus fiusd
ion Of arrents bas
reach him he.
tay Si) Vjaxd attr ‘.
fowonld: pave:
ay etruék rap
could do note

ere mes Pes
rated: by othe fi” tpon an

"the tragedy, | TRelp date!
Might thar it | telegraphed.

(eis k very
ui to abs and
A twee girds,
nd-the yaung-

fs: rere,

e

wine,

Wag tat a

mete ta: the-qve
Whith | jn emfedt:

if he wanted ct04 seer:
Wauld have to.’ deny
Hian't have ete ‘tg:

A ecordingly § Mr.
Ste tling at &


ude tad Whit has. Limca yest: cs see t tbe:
atone es Tre res re agds Crit: gohan t 7
Mb tisirange tae ra naedda tely” att sak

Was Fase Heel: ther ; S
of fleas AITMODE * wv :
Tong ‘tired Rbvteg,: ysrenk
ing inv: rage ee

eaod: ttapn hee

vow boyet Cape

t

t

, i
boope cag use nte |
‘

'

t

Ae

Seubd Gaye
corte Ko ritgre |G

- shed ae YY. os Rae ce nel
= he eae wer Ce ‘
+ Cen iq + 7
we 15 - "Ege
Re ect aes BGs ates Me
peer DE Se Gn, See :
ieee

een «

otadad cd ’ maui

faboieg her

oninerred: seit “taniled, ia
i. bye 4 peayveat beside: Tanct
nustios that tex ems)

atl dlestdoa fh.
oP, ©

irpey years
ng, Shears
‘phen Schuler,

nu

Mie ebm ties Ree f

s very popubae
deat. about te ;
erreet” te ‘Des:
if. waAars: tke pe
! het. Jas beard
ut “Ava: years.
AswE. WELL ate
he petpastt: -ti

soir ta. tat +

abhi as ee Ss Bay Pee ew, aPigad 4 mae ty z A . : : :

ss tment Prodi Cig Eigen, Ofte Det poke spapiil term. of the. court. fend: order,

i watkor: Reha dh “done dea ‘thal Stieritt hpvang speci ial. Juries,’
3 brightengd, 1

nedeh :
a * Sabeat 40 “ne: in, his fiat

| his: marr hace: ris? 3 eat i et bet one rand ree petit, top tn vestigare. and
: ; . ae S Wogte: speoeeds: and He, eee ‘ ‘ ;
| PHOTON AGGTEE Pg rai sat : ; ye Hrs. fMr the murder. of BV ans [cin 5
- ; ; at You Site t ay fear tting {his sth paper, cre _ 7 ate eee Ss
aye Peungy 7 r : ag aise themes Whitaker. for ite beure } that
mMtriclke pera the new spaphrd it shey? will pike gh 3 ear yh
Patrick. Mur- Bp aweWlok WWudersoi. Phe - term | und t

td in. this ety Aba mort the. ; :
YATE: MOL RARE, LOO. | onthe csik, he negroes are said | net b

hieakiinggrs mh, ta {
bia i insirmed and in the event thare is an [time
H

'on'a absence foreign syndicute. The. peaplecin Rene
. I « . “+ Yes M fo

tuchy bayen't been edicated MOR OBI

». on” ° 3
Ganden and i Bavp 'G webbie hey 4 4 hegie weF} “the Reaaay “Fr oty Iynch JONGSOR: will ofte 1% Pe! and
+ Ure Wt ty each i ; reeehin GEMS AM GORI Vsiit ; Sas Th . sidw:
— er: ithe seis MON TAEY Principles,” = me i ner esy Ye ara ear :
ively eta i. ee 2 2Ey. Whitaber, who. is to be Be ied - ar eat |
reetioa with AY day Mr. Stewart had he onelone®g } a OR eenGs cebeer the
: nie tat fee Spe Noted tepid, Came io beth eae comin

besbathoud two fp Tarcthearrivab of Seneror Piuacithpin,.

ox . : i - aa ' Od surrende + 646 h Se ft as? =

he bund been | Ma) Alackburn wis (8 he hia star aad | rae bi Ah aN UT red hiner : | is.pler

. ruid bo hte: fade tee : poe th ey tad lorocund tedd the following story: wilen

r ap CSteSe’, ot htes Me Foe ife oA Sspyer mstoa : an ‘ - Pepa

oP GY Pite mutes fo us CeO ta aul heard: that Newton. Andersou, | fercthi
Wee Moshe ok a intieh te f

Had turtutenad ta | Urecdic

t

F s Bast otha | ' :

Veneer 8 ta) 1 sy shart} Re eagr bel eran — .
'

the traced, dp elhaim ead 1) , Nok eG
, iat that a | telearapne Cee ailinim on wiqat, and mertine. hig in | loked
Gan da a vers Wage den i thejeo ryaatry ne Johns oH Atation, ag
_ fara tne Mehifpe line, he asked him if: as
te MM anid 7 es tad heard was true. and
nid twe and | : ee na fad heard wee. Cl WI tee Eapee
uy ean : ; ; . c f Antkerson anawererd it wue,: hes ddew: rig.
red thre vane. ote wanted (6 See Me BRinchburn oe j tof . ; oy ‘ i da
a, ak i ptetods awothirdy-twa-caliber target res
Auli uiate fe come fo him. thar | eee Cee : ‘ fais “Wass
ae ‘hilve t Pewee Doni , esd valVerg and Shut aim twice, and #8 he i
ues reewis Umble Le oie far Laigisa ates j
JURNED, saree) racky Nhe Stewart Jefe for ste. | - uk: Bard disihurged: Lhe ether lows H foto. rei
Slivna at o ovlerk cenaclaie) afige- his; pady” and! lett ching far dead.” He” 1 stisw
Hivet (ida Mie Macao He «tx fuciheb states toy Ane was present ta” Rar Whe
and Pollars re ree bestfe ° pe a eine conti’ SS. hts’ deeds Me was to: hed up in fi’ aes iO
: ; MRS TO HEN eo de Speeen dit Abe, Sterling fe: oe f
‘hayhowse. fetes anne en : a Fei ; i wi: wa. i Jata: ity thik otarge ny murder, Ni y other. oat ce
a SAP ATR AS tite theta 3.955 ra Aaah i) Ga, Ste ‘Bhe | a at sh} cal ia er tak rf i®s te
ie Y3 to BR reporter, CEGan inake a spesrh | Fett be fen t bay, that. af, ¥ hit a} eal AAs: fand: it
coh's Theater, | Withouc the teas Groubhe. f have ait ids | sad tie ee erie one Ew sky,
Nast campinte, Pacts here, potuting toe his head ad b> POS E DEAD. She ES Seed, « I
tly afters mid- “whenever foam cattel oa te Huby 4 | JUNE FELIX O0H f aes einai
h rhein. They | Speech Toeatt da tt all righes PT yen ae i it phe Fs nomena ertance , 3 sve: aAmoune
Mo the theater | Weatoan ‘to ray th tt er Wwoubd bee bagels One ét ihe: Beat: Known, buctatn In Feyenite
$200,000, The Pir oulavite ina dayton cova ene py) New Orleans, Hage? AW PP ey aia 3
ioe hae sn he. dgliy er a. xpecuh heres en 28 oe tae ae f i
’ i c *: + % »< . - eer
"Ox. tee wa The gold men engage, in free t 4 ind: ‘fin a oa ie fe
iteok SP Uimited coinagecof les! he stated, wl th New Or ean Tyme ude F Fe Ix P,
nents 7 hia icharacteriathe Pitturenquensss, “iad | Por 4 canes wei and “jurist,
VatersW orks: they are Now saying thar. iam an ‘Own- | dhe, 's :
i&—Gne lun- er, of a sily er trime, : Hell, What dg or Pop
ona of Ryasise f Wat with « ‘silver. mine? aS havgn't
ity to-nicht.7 awe de ‘dany silver mine fer tiventy. years, Vi |
vorks system, singe the demenetixatign , -of gilvang. 2b | yearse He- “WAS tha OE : h
city. of Isvana: |odou't want ans ‘eithere it the foreien UE of dee ae “pational bar. | sogla tion
4 to ay verfiatih gold syndicate stay in. power, The! ‘shi after: rhe plan: cif. the. andor ‘AS,
Cah | “Yn 2880 he waa appoinieg. Ay
em tavprevent | ven ining iuterents. ate dead (tn : Iugiles of the Supreme. Court
fever, whictt enuntey. f tay, there daono silver: lapa ond weryendt &tulk torm gf te
in that-chy, |. aes hares You. ban vt: find apy. allvar, :


cond 02
nthe high anda
‘rop is reprrted i
“y the northern,

Johnson. He sa
mDnedinan had askec

Phoped his evecugion

southern por iny to ull who wit

The ceneral ste plored his lon
sinst 14 ol I and oats Ug
nition of } Dstanees Which’ .ptq]

him to this end,
tated that) Johnson
nce With Hime whose 4
Ovidence direets thre

aainst mit
tive vields tsséem
ware, where sha
mal crop ig ne

tried statement “i spokes-
{1 that the

him to say
might be
nessed St.
career, of
depraving
step
min-
made

) by
The

had

uperintend-

eccurrence

rsey has iso 0 events, and that Gad had for
falling twelve his crimes anu misdeeda, The

ut OL. Thee er then tead aopartjef the fifth
Conneciiens Prout Second Corinthians, after
ge and It le sane, “How Sweet the Name

Bstts Seands. Joby
tnister in the chorus
serene tote,
Mr. Vivian
touching
hen paced nronnd ik
ter sane oThere
With Blood,
chnson saving he wet
on the morn ia: rol th

tye-thinds a8
methiog unde t

short erop
wl for Micbigat

mrodues.

[PROPER ®t
ot
aby Convesliel

they
prayer,

Is hh

son joined

singing in

overed a
The rope
neck. The
Fountain

“und dhook hands

ild see him
© resurree-

Library 4s Minister asved Jolinaon jf he
—_—_—* alii Loosay, Ile eplied: ol
, Cot Ang. Way thd wil, ite te re, ] fear
" ; , ei a M °
vain tslkisg® meatal trust in Pom.

we DUTY Sherin
ns session of eh Saerdy Ie mry Jdnes placed
of the Amen ‘ ste Vapoover Jobin son's face:

1

1, concer rning ke dha juebibiais jus ldd the lever
methods empe he ee sorta passe Linto the
. a! lim \ treo Theta Out even-

lude them. ,

il JUstiee firs al].

iireetions pusiy wit Aim

* at of h all th othe pring
a
’ { San 4? pe Pun. be eT ow
‘ vanoalls Mie crowd Had

vy Cine! rs Ting,

petssu | be ‘hind
rh to hide front his vic
sad nye pathetic
Lonce did Johnson 4g
Wasin re ply to Minist

J, K. Hos
}I. Brett

1 are sete

of theirrtsp ss

10380
been shifting a“

sig ht.

est simul-
ing of the
torrid

mocloud,

w the seat.

peak, , and }
er Vivian.

{ nose .
+ he el ” F hia Upon the kealfolda he
L + cess 7 7eN 7 and faced yalmly the
ny ‘nee fia ta Crowded ardund. ” Hig
on Mpassioned. Nothetwitah-

itutions

a musele: betrayed Ww

hat he felt,

ores euadie Lit yee beac

on the polire force and was detailed to
watch the datos freight yards. One
A)

ad sy rCidd, Wiest

night Joh huson made his appear-
ance with a gack to be filled with; coal
and Watsdn] arrested him. On the
march to jai} Wataon and his youthful
prisoner ytagsed hy the boy's father's
home andl the old man tried‘to” re-
claim his jWoy. During the |‘ remon-
strance that Uncle Jott was offering
Watson discharged his platol and the
old Negro fell to the ground dead.

Tho tragjo)death of the boy's father
had a bad “ ect on him and‘gave him
An incentive to do worse deeds, and
he spent much of his timo In jail or
working out tines on the streets.

In 1891 Jolinson becsmo angered at
his sister for some trivial mattor and
tried to the n bullet through her
heart, but the alm was not true aod
the bull lodged in the head of another
woman, the wife of his brother, who
tinally recovered. A few weeks later
he curved | jup a felldw-companion,
BH Auxier r with » koife\and for this
crime he was convicted nd soent‘to
the peniten iary for four yPpara.

Ho werved his full term\ and had
only been pack from Frankfort two
weeks and two days when he com-
mitted tha) deed for which be was
hanged today.

Ollicer CYarles Evans was killed on
the nieht af June about 9 o’alock.
Johnson wits raising a disturbance in
“Deep Molfow,” the” tough part of the
city, and urs Horace Lane and
Charies Kwdns were sent to ron him
in. Withoht warntne he attacked the
marshals, shooting at Lane first, but
tue ball did not eater his body on ac-
count of its) striking the metal badge
|he wore on) his coat.

Evans was more unfo tanate, ns he
received a lscharge from Johnson's
pistul teat} entored fils bowels and
proved fata] the nexf/day about noon.
Johnson was also ghot by Lane, but
the wound {vas onJy a slight one. ‘Tho

15,

before “baying your wintar
, Supply.
Phone 30. Carter County Coal Co.

berti had the two men covered with 8
shotgun. I, would not attempt to
give the ‘oxact conversation, that
passed between tho men,| I did hear
that the two mon werd after L’rof.
Alberti.” |

Prof. Alberti sent for a reporter this
morning and stated that the report of
the affairinn morning paper was in

some respects false, Ho says he didn't
expect justice at the ; ‘hands of
such a paper. Ho state! that he

didn't retract anything. ‘The Profoss-
or was vory nugry at his treatment by
the paper.

Heo sald he was booked for a speech
at the Simrall meeting in Fishor's
Hall, and would be on band and
speak. Ho had nothing avainst the

easrs. Cravens, but sald he would
cortainly protect his own life.

Prof. Albert! showed ‘Juin LEADER
man a lotter. from a well known busi-
ness wan of Lexington dated Adyust
1, and postmarked samo day, which
-warned him to he on his guard a8 his
‘life was in-danger.

Some people are apprehensive that
troublo will follow at the Simrall
meeting if Prof. Alberti makes a hot
speech. ‘The police officials will, it is
said, be on.shand to prevent. any
trouble should it arise.

STATEMENT

From the Cravens Rrothers Regarding
The Trouble With’ Alberti.

ment:
.jWea did not demand : f
froma Mr. Alberti:as wo: aap

Capt. May's grocery. »

Wo sald to him |)

Variou
subjec
moun
by Rey
Briet
tary Al
day-se
ley, an

Distin
Of

Amo
and
Sond
was Mr
Day is
Bradfo
appren

Hic sch

pointer
‘was ii
asked
niind a
deeply
From t
Sunda
uous.
the Co
retary
day-scl
larger
many
anid 1,
In ls
he was
seek th
which
restore
Genera
day-sc
8 terri
half of
silitar

’ tear dimaet hig feell
i ey. Hig ex. | feeling rau ho high at the news of | that we had {heard that he had\ mado].
Vest meal oe Wag father detiant than, Te Evan'a doath ‘that Johnson || «vould | remarks abo t our sister and we\camo
wore ; have been hung; but for,a promise by | td.talk to. him-and ask it he had ald
nit te C ie a) ack albuob bli Coage or fora apeedy tial: for dere seein Moers
‘ Ite & urt with ut rs a mm...» : aoe es Couae i . s a Sp: aimee J
wou qi act way Uncleanfy. ook - Aooording ly eb “order: el midget TAXES)
paar fan Ecteral contour] presented Cooper the ontgomery” ‘County Cir ;
sora Was fost ightly appearance," +. :| Cat. Conrt. Was. convened “1a || upectal che
4 Jo are lve minutes from the session: op a riday," ‘Jane- 98; Ito try | 2
(a k N shot throug} the “trap Johnson: 3 owas. given “some of the
“ Guides -Pronounceft -8xtinot,: counsel : e the AMontgom ory: unty | t Uti ny Paka etat ee
mitlon of twonth-sixeiatas bar, yat the 9; WAS DO nore for;/him, w Ne the
tut ow Ue was yar meee toned en af T ér <P z
De orate S # BITE Lea yy c x is x0. can eae F
u ss Raber hen te “Pa Bas Goat : ued ou Seventh Fs ae) 80) ne at 5 sata rents ang 5) . 6
L pars Power Latest U.S. Govt Repo ie]: ew?
sf igh: SOA Ve rn 4S % svt ee re, a ¥ SaaS bas Fi
Mer oe on ee
iS B 4 5 PN


oe er rn ene eee

fealth

h and appetite, had.
chee twenty years,|
vated by ulcers and:
in misery. Nervous:
ame down. I took |

i

irsaparilla

c health than for two
1 now able to doall
rit has given me!
realth.” Mrs. M.;

St., Greenville, N.C.

the aftendtaner pil! ané.
family cathartic, 30.

i

iffalo.
ting, $2,000, Kla-
4, won. Best time,

$2,000, "Rachel;
Bost time,.

z

won.

-, $1, 000, Theodore:
and Wilkes, won.

reallles.

‘lope,
, 2:20.

ne, by C. F. Clay,
13},

AEFON).”

J 5 Rey El Santa
Winner.

by Hinder}

Bhickink

owen S

ke Résulta in a Two:

_ “escendo -Reaten
- (—Results' On

.| tim,
‘|farm about forty-live
*} was twice married, his first wife being

| waists, blouses, caps—anything,

4 gust 27 to 31.

Tracks. .

LIFE FOR LIFE.

- (Oontinned from First Page.)

1

and after aday spontin taking tho
evidence the case was given to the
jury. It only took twelve minutes to
ae Be averdictof guilty.

Johnson received his verdict coolly
and held out inthe most stubborn
manner until the night before his ex-
ecution.

Charles Evans, tho murderer's vie-
was born on a Bourbon county
years aro. Hoe

a Miss Langston, his second, who
Caesiad him not nine days before hts
assassination, wasthe widow of Judge
Langston, a relative of his first wife.
Evans was appointed to the police

‘| force In 1893, and was a gallant and

faithful ollicer.

Not since Gip Spratt. a slave, shot"

his master, Solomon Spratt, and was
hung in 1864, has there been a leyal
execution in the county. Bat ‘Tysee,
Mitchell, Murphy and Blair have suf-

‘| fered the vengeance of moe Jaw.

Jd. W.

+

If you want any children’s suits,
this
is your last chance this atrm mer.
Our One-Third Cut Rate Sale close
‘| August 17. Rememberall our goods
aro. marked in plain tivures as always.
You take off one-third, pay tho cash,
Jand the goods are yours—the loss
ours. One Price Clothing House, M.
Kaufman & Co. “134

One HalftRate for Round Trip Tickets

|'To Kentucky fairs, via tho Queen &

Crescent Route. Danville colored
fair, Danville, August,21 to23, 1895.
Lexington fair; Lexington, Ky., Au-
Pulaski County Lf as ee
Somerset, Ky.,. Septemtor BBO ee
ington colorad fa Ir, Lexington, Ky.,
September 4 to 7.| Round trip tickets
jon sale from ints in Kentucky on
| dates of oach fair, 'at one faro for the |
round trip, and good to return until}.
and. pate ting ane day of the close |
of the falr.

Ask Q. & C. agents,or fall pee

‘Tulars. ©:
A. J, Lyttle, D P. A, Chattanooge, |
Tenn. :
Chas. W. Zell, v, Py A., Cincinnatl,
Ohio. a
W.c. Rinearson, G. iA A. “Cincin-
‘I natl, Ohio. x
Ranlah Hatohte hinmh meoetine. Flat

SLEE

| AND

ror

| FOR

|
i i hud

L

5 rn
a

r
i po

Ina warm bath of CUTIOURA
SOAP, and a single application
of OUTICURA (ointment), the
great skin oure,when all else fails

Bold throughout tho world. Porter Drea
axnD Crem, Corp,, Bole Props., Boston, U.S. A.
* AU about Baby's Skin, Scalp und Halr,” free,

Already. Has Enough Men
- Nominated to Secute |

t

bs
{°
[His RoBlection to the United

4 :

States Senate, ae

4 tonight. ©

IN POLICE COURT.

‘Twday'a d ket was brief and of |
tlo interest. me cases wero dispe.
of as follows

John Dow and Robert Bishop.
Ing drunk, beth dismissed.

‘Albert Inleton, assault anil
tery, continubd until tomorrow.

Will Jackson, ¢hatged with ers

nal assault on Mrs, Mary Vint.
dischafged, He not being the
wanted, | i>

John Henry, white, and Will |,
renee, colored, horse stealing, |
dismissed,

Frank Mite ell, allowing his
to trespass, $1) and costs.

WherelCan You Beat It!
House of 6} rooms, cellar, cist:
hot and cald Water, bath room, f:
rood street and neighborhood, Siete
did lot running through to wile a’
Price only &1, MNO. See us ation
A. S. Howman & Co,

LAST NIQUES FIRE.

Last night about boo’eloek tire
stroyed three frame cottages
Thomas street, ngar the race tr:
The houses were gwned by Johns
ton, Mary Diekjnson and Wit,
Burgin. Loss, F1L500; no insuran
Tho ttre sthrted tn) Burgin’s house a
is supposetl to have orivinated in:
kitchen. | =e ;

\ A Gootl Thing

‘Tako Sunday axcursion§ train
Natural Bridge anil view tho won:
of Cascado| Mountiins and caves.

TAXES, TAKES, TAXES

The ponalty will the added to
city tax of|tho year 1895, if not p
before tho i) lay of Septem
Come at onjce, you will avoid
rush and gave rhb penalty. There
bo no oxtending: hho time under
new law. [37 S. G. Suan,

Stl feces | | | City Collecta:

A\BIG y EXCURSION.
About ado Neghd : people left on
L. & N. special ifor, Cincinnati
night to attond thejjoint celebratio:
that city i tho “United rot hes

the Knights of F qndship” and +
United ist rs of tie Mystic Ten.”

4 i
res SE 7tr! MEETING. -
Thero will be allag mecting of

Simrall's followers | at Fisher's ]

Good speakers. Let ev

hades attanil.


TIE,”
r, was

fast-
Police.
mouth
irsuers
namite

JACKSON, Scott & WALLING, Alonzo, whites, hanged Newport, KY on

faréh 20, 1897

_ The Enigma of the
HEADLESS: BEAUTY

By DETECTIVE CAL CRIM
As Told to LEE ENFIELD |

Blood-drenched leaves glinted

ominously in the Kentucky

sunlight—and at the end of the

scarlet spoor lay the body of a
headless girl.

Lacking means of identifying the
victim, police were balked until ©
a clever detective traced a pair of
shoes and solved the nation’s
greatest mystery.

Brilliant detective work by Cal Crim, author
of this gripping tale, cracked the amazing riddle
which baffled scores of sleuths.

‘“ Y GOD, what does this mean!”
White-faced and trembling, a young man peered

out of the apple tree he was engaged in trimming. |

His saw dropped from his trembling fingers and he had to
clutch violently at the. limb on which he was sitting to keep
from falling.

Sparkling in the early sunlight below were crimson-
drenched bushes which lined an old, abgndoned road
through the farm of Colonel Lock, near Fort Thomas, Ken-
tucky.

_He pushed out some of the severed branches to get a better
view. ? :
“Tt’s blood — fresh blood!” he exclaimed. “Oceans of
it {”

Tumbling out of the tree, the youth tiptoed gingerly over
to the abandoned road which led from the Alexandria turnpike.
Beside the reddened bushes, the weeds and grass were matted
with blood for some distance. A trail of crimson wound up
the lane. Following it for some distance, he stopped aghast

\DVENTURES

Junction of
Lock Lane
and
Alexandria
Pike

Where the
headless
girl’s body
was found

LOCK LANE’S HEADLESS HORROR

Sent to trim the branches of a tree which overhung Lock Lane, a
farm worker stumbled upon the crimson trail leading to the headless
body of the slain girl.

the victim, identified despite seemingly insuperable odds.

Inset is a rare tograph of Pearl Bryan,

before the form of a woman which evidently had been tossed
into a clump of brush beside the lane.

The youth stooped and gazed through the rails, fearful lest
he see some familiar, neighborhood face but he could not get
a glimpse of the features. He paused, uncertain what to do.
Then, curiosity getting the better of his fright, he stepped on
one of the rails and looked directly down at the victim. And
then he made a gruesome discovery.

The head was missing. It had been cut off as if by an axe
of an executioner of the seventeenth century. Whether it was
nearby, the young man did not ascertain. Palsied for a mo-
ment by the horror of the sight, then endowed with marvelous
use of his limbs, he sprinted to the farmhouse and informed
Colonel Lock of his find.

The colonel knew the value of permitting trained investi-
gators to be the first at a murder scene. His brother, David
Lock, was chief of police at Newport, Kentucky, across the
river from Cincinnati.

“Go into town and tell Dave everything you've seen,” he
snapped. And while the youth lashed his horse along the high-
way at breakneck speed, Colonel Lock prevailed upon the
commanding officer at Fort Thomas to throw a cordon of
police around his farm in order that ro intruders might ap-
proach and disturb any tell-tale footprints or other evidence

that might have been left there.

35


A significant lead sent Cincinnati detectives sc

Famous Assignment

I WAS sitting in the office talking with Colonel Philip
Deitsch, superintendent of police, and Chief of Detectives
Larry Hazen that morning of February 1, 1896, when a tele-
phone buzz interrupted the conversation,

“Whew,” I heard Colonel Deitsch exclaim after he had °

listened for a few seconds. ‘You think she may have been
killed by soldiers, eh? I'll be only too glad to send over a
couple of detectives to help you.” :

He hung up. “That's Chief Lock, of Newport,” he. said.

“He and the county officers are just leaving for the scene of.

a frightful murder at Fort Thomas, Girl reported beheaded,
evidently to prevent identification. Her body was discovered
on the farm of the chief’s brother.”

“Cal,” snapped Colonel Hazen, “that’s a job for you and
Jack McDermott. Get over there quick and camp on the job
until it’s finished. It looks like a big case.” —

I reached the Lock farm ahead of McDermott. I found
Sheriff Julius Plummer of Campbell county, W. M. Tingley
the coroner, Chief Lock and a couple of deputies were on the
spot. Thanks to the military guard and the care with which
the authorities had approached, nothing had been disturbed.
The girl’s body lay just as it had been found, On the embank-
ment where the slayer had stood when he hoisted his ghastly
burden over the rail fence, were two small footprints clearly
outlined in the earth. Plaster casts were quickly made of these
prints. A couple of light colored, celluloid hairpins were

36

to a rooming
house on West Ninth street (above) where the infamous slayers
of Pearl Bryan were trapped without a struggle.

PEARL BRYAN’S SLAYER
Masking a brain of incredible cruelty be-
bind suave, saristocratic features, this man
was revealed as the author of the ghastly
death plot. His identity is disclosed in a

footnote on page 62.

icked up, one of them sticky with blood. But there was not a
label on the girl’s garments to indicate her identity.

And there was no trace of the head.

We were confronted by a.real task, The murderer, or mur-
derers, had gone the limit to conceal their victim’s identity.
We had first to discover her name and then formulate a rea-
sonable theory for the killing before we could develop any
legitimate leads.

Apparently the poor girl’s head, if found, would be the
opening wedge in the’ solution of the case. It must be found
at all hazards. Every manhole and culvert in Cincinnati, and
the Kentucky suburbs was searched, The river was dragged
without avail. Sheriff Plummer sent word almost immediately
after we reached the farm and had Arthur Carter, of Seymour,
Indiana, bring his famous pack of bloodhounds to the scene.
The dogs picked up the trail again and again but could follow
it only to the highway where they invariably lost it. Evidently
that was the point where the slayer or slayers had left their
vehicle when they took the girl into the lane and did away
with her.

As soon as the first examination had been made, however,
Coroner Tingley took the body to a Newport mortuary where
Dr. Robert Carruthers conducted a post mortem. When he
had finished, he came out with a grim look on his face.
“Gentlemen,” he said, speaking to McDermott, who had mean-

STARTLING DETECTIVE

(
/

Don

while a
be help
“The
most si;
a moth
“Wer
might ¢
“Non
webbed
And

content

N EV
4 see
ceiving
about t
number
ing gir]

McD.
clues ar
and no
panicky

More
fident t!
out first

ADVE?

*

ae

es
EDITORIAL

the tactics of gangland kingpins are basically the same regardless
COE geography. <2 5..85S0 8 nt os ee =
What has been done in California can be done in your com-
munity. Our state has provided all America with a blueprint for
ection, a blueprint which can spell bankruptcy for every racket in
‘the. nation. <#2sesi ace? scioatas oe =
Would you like to see your gangsters hop aboard the next train?
~~ You can use a very simple persuader that has been around for ages:
taxation. We used: this method, and it worked. == :
-- Have you heard of the mobster who knocked off a stool pigeon
and then credited himself with an income tax deduction for the
= depreciation of his machine gun? : : £
= That’s just a fab , of course, but it’s not as fantastic as it
* sounds. Every year our state and federal treasuries are fleeced of
millions of tax dollars by the bigshots of America’s crime syndi-
— -eates. They award themselves liberal deductions for the wear and
~~ tear of roulette wheels and swank brothels. i
One of our high-class crooks saved himself half a million dollars
that way. For ten years he made other taxpayers bear the cost of
hiring the goons that guarded his gambling casino in Gardena.
“Racketeers dupe the tax collector by weeping about the high cost
of maintaining a legitimate front for their criminal industries. In
effect, they have asked the government to subsidize their crimes.
And the most fantastic thing of all is that their request is often
hited.

; ~ plugging the loopholes in our income tax laws, and it is sparing
"Ro expense in its search for criminal tax evaders. :

.

- Swearing and spitting. << = 22. ek ee sean
~»- One of the slimy fish caught in this net was Wiley Caddel. He

: California. But that was before our Public Utilities Commission

grant
3 But California is cracking down on the gangsters, hitting them .
- where it hurts most—in the pocketbook. Our state legislature is _

was sent to San Quentin for attempting to organize a slot machine’

protection racket in. Mendocino County. -

. The Kefauver Committee has dramatically confirmed our dis- ~
covery that slot machines siphon off two billion dollars of our na-
tional income each year, that a large part of this money was used §
to close the eyes of law enforcement authorities. =

Want that money to go back where it belongs, to homes and |

parks and schools? Try the law. It works. aes oF
The mere possession of a one-armed bandit is now unlawful in
our state. Four years ago a group of slot machine racketeers arrived
in California, in a limousine. Six months ago they left, in a bus.
Bookmaking was once the biggest and best organized racket in

stepped into the picture. It clamped down on telephone. and tele-
graph companies who furnished the services for these racing wires.
The Continental Press wire, the major bookmaking service, was
virtually driven out of business. . —
Today the monopolistic aspect of bookmaking has all but disap-
in California. And many of our bookies are now reading the
help-wanted columns.

What we have discovered about bookmaking, slot machines and
other allied rackets also applies in such fields as prostitution,
abortion, bootlegging and dope peddling. It’s the same story all
over America, and the weapons available to the side of justice are
ready and waiting.

The boys behind the scenes are running for cover, searching

-desperately for some place to avoid the national spotlight.

We Californians have made sure they won’t find a haven in our
state. Can. you say the same? s

*

Ry

ut
nit
iy
ie

é

Natti
» first

“a . LE

dressed policeman went out on
on cold, blustery night.

They had. Cal uncovered enough infor-
mation and evidence, including bribe money
stowed away in safe deposit boxes, to._prove
that eight players had sold. out. Subsequent-
ly, all eight men were barred from baseball.

He belongs to almost every club and fra-

} ternal organization in Cincinnati. Up until
. & few years ago he would get frequent calls

to handle the clambakes for them. Among
his other accomplishments, he’s an expert

=
Cal is sure he'll be around for some time
to come. He put it this way. “If I felt any
better, I'd need three furses. They only let
me have one now...” .

“pends upon the health See
gives. scalp

Yor
Guest Editor:-

“THE SAINT’S’’- STORY
Actor Vincent Price, who is The Saint on the radio program of the
same name, has picked out this month's outstanding crime drama—
and it's something extra special—in his role of guest editor. Turn
to page 22 and read The Thiet With No Fingers, the incredible
story of the weirdest clue that ever solved a crime. And listen to

The Saint, Sundays at 4:30 ».w., EDT, on your local NBC station.


DEATH ACCOMPLICE
Dominated. by the superior. will of his. in-
human companion (left) this youth, son of
-a wealthy ere was convicted as an ac-
complice in the Bryan murder. He is named

Shown with the black hoods and the grim ropes used in the
hanging of the Bryan slayers, are Jack McDermott (left) and
Cal Crim, the sleuths whose peerless work solved the dia-

at the end of this story.

while arrived, and to me, “I have found two things that may
be helpful. ¢

“There was cocaine in her stomach.” sHe paused. “But
most significant of all is the fact that she was about to become
a mother, Jt was a double murder!”

“Were there any birthmarks or scars on the body which
might give a clue to her identity?’ I asked.

“None that I observed,” he answered. “She did have
webbed toes, but that is not uncommon.”

And with that meager information, we were forced to be
content.

Clue Of A Pair Of Shoes
NEWS of the killing spread like wildfire. The entire nation

seemed wrought up by the publicity the crime’ was ‘re-
ceiving in the newspapers. Hundreds of people gathered
about the mortuary where the body lay. Messages without
number poured into police headquarters from parents of miss-
ing girls who feared the murder victim was their daughter.
McDermott and I ran down a number of supposedly hot
clues and found they were moonshine. As the hours wore on
and no trace of the head was found, we began to grow
panicky.
More and more it became evident the slayers had felt con-
fident that identification of the girl would be impossible with-
out first finding her head. If they had not hidden it so well

ADVENTURES

bolical case.

that it would never be found, they doubtless were miles away
from the murder scene and traveling at high speed. There
must be some way of determining the girl’s name without first
locating her head. But how?

McDermott had not viewed the dead girl's clothing yet and
I felt that perhaps another ‘examination would be helpful.
While we were looking over her belongings, a thought oc-
curred to me. “May I take these for a short time?” I asked
Sheriff Plummer, holding out a pair of black oxfords which
the victim had worn. Plummer nodded. Inside the footgear,
though stained and faded, were the numbers 22-11-62458 and
the size 3-B. The shoes had been made by Drew, Selby &
Company, of Portsmouth, Ohio.

I went to a. Newport shoe dealer, an acquaintance of mine.
Exhibiting the dead girl’s shoes and explaining my purpose,
I asked him if, in. his’ estimation, Drew, Selby & Company
would be able to determine from the stock numbers the dealer
to. whom they had been sold.

He said there was better than an even chance that the nanu-
facturers would know the dealer who bought the shoes. That
the dealer would have a fecord of the purchaser was doubtful.
But in any event if we learned where the shoes were retailed
we might ascertain where the dead girl lived, or at least had
visited recently. That would be a long step toward possible
identification.

An hour later, with Sheriff Plummer’s consent, I put the

[Continued on page 60]

37

LL LS RT TT I

ere small

of the suit-
rown ex-
1 the right
itten with

Crim saw
bother to
ions. Both
a few min-
and oper-

morning,”
mg it has
irge waste-
r. It could
. I saw it
t was left
only cleans
vo or three

customers
ief Deitsch

as Charley
{fe came in
ith a young
remember
{ when the
ney left.
morn-
uitcase.
some-

e only

ificantly at
iney was a
ncinnati, a
crook. The
ihe mystery
ers to con-
e murdered

in a chair
Deitsch and
man, with
es. His face
‘racking his

thing about
re I was in
ind I did go
ig a suitcase.
re. I picked
wasn't Pearl

an?” Chief

twisted and
ww her. I got
ge in Green-
iet her there.
ddling dope.
id he doesn't
othing about
ce and didn't
1.
/ ‘t bring out
* rom Finney.
> knew Will
his knuckles,
kept shak-
-ssed_ this

L

the chief

ake his head

Twenty detectives were sent to check
on Finney’s actions as well as the move-
ments of Woods. But before they could
uncover anything, another suspect came
abruptly into the case.

Sheriff Plummer and his deputies had
worked day and night in the neighbor-
hood where the body had been found,
searching for the head and for some lead

to the identity of the person or persons:

who had taken the nightgown-clad Pearl
Bryan to that clump of bushes near the
orchard.

The day after the discovery of the body
the sheriff had received a tip from some
of the farmers in that section that on
the night of the murder a sewing-machine
salesman had been seen in the vicinity
of the Locke farm and orchard early in
the evening. At first this information was
vague, but the sheriff followed it closely
and finally got the name of this salesman.

He was Philip Roteau, who worked out
of Cincinnati and spent much of his time
in and around Newport. The sheriff
didn’t take this tip too seriously until he
investigated the background of Roteau.
He learned that he was a graduate doc-
tor, who had practiced several years in
Indianapolis before he was charged and
convicted of malpractice and his license
taken away. :

In checking into the Indianapolis
angle, the sheriff made the important dis-
covery that Roteau knew the relatives
of Pearl Bryan and had met her on several
occasions. The Roteau lead got really hot
when George Baxter, who lived in New-
port, reported to the sheriff that on the
night of the murder he had seen a girl
riding with Roteau outside of Newport.

The sheriff picked up Roteau, a tall
lean man with a cadaverous face and deep
sunken eyes, in Newport and took him
to Chief Deitsch’s office, arriving there
while the chief and Detective Crim were
trying to get Finney to admit he knew
young Woods.

Roteau seemed strangely unconcerned
about the fact he was a suspect and leis-
urely smoked one cigarette after another
while he waited.

Questioning him proved a difficult job
because he-refused to answer any ques-
tions. After spending an hour trying to
get him to say something, the chief gave
up and Roteau was led away to be held
in custody along with Woods and Finney.

Chief Deitsch, Sheriff Plummer and
Detective Crim now held a conference,
for five days, the chief, Sheriff Plum-
mer, and Detective Crim searched for the
evidence they knew they must find. The
missing head, of course, was the most im-
portant link in the case. Miles of sewer
were drained in the search; Cincinnati
was combed, but the gruesome find never
was made.

On the morning of the sixth day Fin-
ney, young Woods, and Roteau were in
rooms close to the chief's office. The chief,
the sheriff and Detective Crim were in
the office. Scott Jackson and Walling
were with the officers.

“The solution to this murder,” Chief
Deitsch said, “is complicated and yet
fundamentally simple. We know that
Pearl Bryan came to Cincinnati for a
specific purpose. We know she came here

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75


JACKSON, Scott, and WALLING, Alonzo, whites, hanged Newport, Ky. on
March 20, 1897.

"WALLING MUST DIE: FOR HIS PART IN THE MURDER OF PEARL BRYAN: Newport, Ky.-
June 19. - The trial of Alonzo M, Walling, jointly indicted with

Scott Jackson for the murder of Pearl Bryan, Jan. 31...(one line unread-
able).eeepenalty fixed at death. The testimony, his own included,

showed that he knew Scott Jackson's purposes in bringing Pearl

Bray here ever since January 1. One of these purposes was to

produce an abortion, another was to poison herm# and leave her in

her rooms snother was to give her cocaine, paralyze her vocal

organs and cut her head off. He heard the sentence with in-

difference." BLADE, Toledo, Ohio, June 19, 1896 (Page one.)

In case you have any illusions concerning the ease with which the
Treasury Department can be beaten out of the proper payment of income
taxes, you might have a change of mind after looking over Secretary John
W. Snyder’s latest report on the Treasury's drive against income tax cheaters.

Last fiscal year, the “T” Men—Treasury tax sleuths—brought in more
than two billion dollars in taxes and penalties from wayward citizens.

Here are some of the cases uncovered recently by the “T"-Men:

An eastern surgeon with a society practice neglected to report all his fees
and was fined $70,000 in additional taxes and penalties.

Assessment of $1,445,000 against a group of midwestern liquor black mar-
ket operators who allegedly made considerable profits by peddling their
wares in the dry state of Mississippi as well as in the Midwest.

Discovery of a used car dealer who failed to pay tax on $100,000 profits.

Billing of a western contractor for more than $500,000 as a result of con-
cealment of profits on wartime army contracts.

Secretary Snyder also had this odd tax-cheating case to tell:

A western official failed to pay taxes on $125,000 he made on contracts
that he awarded for feeding of prisoners in his jail.

This year's taxes, as usual, are due March 15th!

pression he was madly in love with her.
Woods wired me she was coming. I met
the train and she didn’t come.”

“Pearl Bryan,” Chief Deitsch said,
“was murdered the night after she ar-
rived here.”

“Murdered!” Jackson gasped. “Who
would murder an eighteen-year-old girl
like Pearl Bryan?”

“Frankly,” the Chief admitted, “we
don’t know and that is what we are try:
ing to find out.”

“If there is anything I can do to help,”
Jackson assured the Chief, “I'll do it.
My friend and 1 have been in Indianapo-
lis, We haven’t seen any papers. Where
was she killed and how?”

“It could be the work of an insane
man,” Chief Deitsch explained. “But
there are several angles that don’t fit.
Why do you think Woods wired you Pearl
Bryan was coming?”

“T haven't the faintest idea,” Jackson
replied readily. “Woods is a friend of
mine. He was very much disturbed
several months ago when I was in Green-

castle. I supposed it was about his girl, .

but I can’t be sure.”

“Has Woods been in Cincinnati since
the day Pearl Bryan arrived here?”

Jackson hesitated, looked a little un-
comfortable, said nothing.

The Chief repeated: “I asked you if he
had been in Cincinnati.”

“Yes, he was here Saturday morning.”

“That’s the morning the body was
found. One other thing. Pearl Bryan was
pregnant. Who would he take her to in
Cincinnati?”

“Pregnant,” Jackson echoed, startled.
“My God, I don't know anything about
that. I’m sure Woods had nothing like
an illegal operation in mind. He would
have married her. He was madly in love

74

with her. That is, if he is the father of
the child.”

“How do you know Woods was in
Cincinnati the morning the body of
Pearl Bryan was found? Were you in Cin-
cinnati?”

“I and my friend here were in Indian-
apolis where we both attended lectures;
but the landlady at our rooming house,
who knows Woods, said he was there
looking for us.”

Detective Fred Brown walked into the
Chief's office, carrying a suitcase. His face
showed the excitement he felt. He said
to the chief: “There’s a new break in
the case and I better tell you alone.”

Chief Deitsch said to Jackson: “Thanks
for your help. We'll want to check on
Woods’ actions here. You find out all you
can, and let us know.”

Jackson answered: “I'll be glad to
help. But I don’t think Woods did it. He
certainly isn’t the kind of fiend who
would cut a girl's head off.” Jackson and
Walling got up and walked out.of the
office.

Chief Deitsch asked Detective Brown:
“What's all the excitement?”

“Here is the suitcase used to carry Pearl
Bryan's head in,” Brown replied. “John
Kuegel, who operates a saloon on Elm
Street, called headquarters an hout ago
and reported he found the suitcase in his
saloon. I went down there and here is
the suitcase. There isn’t much doubt but
a human head was in it, or that it be-
longed to Pearl Bryan.”

Brown placed the suitcase on the table,
opened it. The interior was empty, but
there were splotches of blood inside and
it didn’t take much scrutiny to see a
number of blonde-auburn hairs mixed
with the blood. In several places where

the blood was thick there were small
chunks of human flesh.

“The initials on the outside of the suit-
case are P.B.,” Detective Brown ¢x-
plained. “If you look inside, on the right
side, you will find her name written with

en and also her address.”

Chief Deitsch and Detective Crim saw
the written name. They didn’t bother to
ask Detective Brown any questions. Both
grabbed their hats and within a few min-
utes were at the saloon owned and oper-
ated by John Kuegel.

“I found the suitcase this morning,”
he said. “I don’t know how long it has
been here. It was behind that large waste-
aad basket over in the corner. It could

ave been there several days. 1 saw it
only by accident. Probably it was left
several nights ago. My janitor only cleans
the waste-paper basket every two OF three
days.”

“Do you recall seeing any customers
entering with a suitcase?” Chief Deitsch
asked.

“The only one I recall was Charley
Finney,” Kuegel answered. “He came in
here a couple of nights ago with a young
girl, who was a pretty lass. 1 remember
he had.a drink and got mad when the
girl wouldn't take a drink. They left.
Sometime later, around two in the morn-
ing, he came back carrying a suitcase.
He was alone and he looked like some-
thing had happened to him. He's the only
one I saw carrying a suitcase.”

Chief Deitsch looked significantly at
Detective Crim. Charley Finney was 4
well known character in Cincinnati, a
small-time dope peddler and crook. The
injection of his name into the mystery
at once caused the two officers to con-
sider the cocaine found in the murdered
girl's stomach.

An hour later Finney sat in a chair
in the chief's office, facing Deitsch and
Crim. Finney was a small man, with
sunken cheeks and shifty eyes. His face
was colorless and he kept cracking his
knuckles nervously.

“I tell you I don’t know anything about
that suitcase,” he cried. “Sure I was in
Kuegel’s saloon with a girl and I did go
back there and I was carrying a suitcase.
Don’t ask me the girl’s name. I picked
her up on the street. She wasn’t Pearl
Bryan, I know that.”

“You knew Pearl Bryan?” Chief
Deitsch questioned.

Finney —— and twisted and
sputtered: “Okay, I did know her. I got
a brother who goes to college in Green-
castle. He knew her and I met her there.
She didn’t know 1 was peddling dope.
My kid brother is straight and he doesn’t
know it either. But I know nothin about
her death. I only saw her once an didn't
say three words to her then.”

An hour's grilling didn’t bring out
any further information from Finney.
When he was asked if he knew Will
Woods he hesitated, cracked his knuckles,
and finally shook his head. He kept shak-
ing his head as the chief pressed this

oint. |

“Woods was in Cincinnati,” the chief
said. “Did you see him?”

Finney continued to shake his head
and say nothing.

Twenty dete:
on Finney’s act
ments of Woo
uncover anythi
abruptly ,

Sheriff
worked ¢
hood wt
searching Tor t
to the identity
who had taker
Bryan to that
orchard.

The day alt
the sheriff hac
of the farme
the night of th
salesman had
of the Locke
the evening. -
vague. but th
and finally g«

He was Phi
of Cincinnati
in and arot
didn’t take U
investigated
He learned |
tor, who ha

Indianapolis
convicted of
taken away.

In check
angle, the sh
covery that
of Pearl Bry:
occasions. 1
when Georg
port, report
night of th
riding with

The sh

lean man w

about the
urely smo}
while he v
Questio
because h
tions. Aft
get him u
up and R
in custod\
Chief °
Detective
for five
mer, and
evidence
missing h
portant |
were dra
was comt
was mack
On th:
ney, you
rooms Cl:
the sher
the offi
were Wi
“The
Deitsch
fundam
Pearl EB
specific f

~t


to meet somebody. Woods was interested
in that meeting and so were several
others. When Pearl left the hotel, she
went to a rooming house. She got ready
for bed. Her killer got her up and doped
her with the purpose of killing her. She
was given cocaine, a large dose.

The killer made the mistake of giving
her too much and, as has been medically
established, an overdose invariably will
have a contrary effect. Pearl regained
CONSCLOUSNESS.

“The murderer,” Detective Crim
added, “had a perfect crime—except for
one small oversight. We only need one
thing now, Jackson, and you are the only
one who can help us, no matter how
distasteful it may be to you.”

“I'm ready to help,” Jackson answered,

“All right,” Chief Deitsch said. “Tell
us what you did with the head of Pearl
Bryan.”

For a moment Jackson didn’t say any-
thing. Then: “Did I hear you right? Did
you ask me where the head of Pearl
Bryan is?”

“That's exactly what I asked you,”
Chief Deitsch countered sternly. “You
murdered her and you cut off her head.
Your murder plan was almost perfect.
But a murderer usually makes one mis-
step. You figured that body would never
be identified. Well, a killer can’t see
every little thing. Your first mistake,
Jackson, was leaving Pearl Bryan's shoes
at the scene of the crime. Identification
was made possible through these.

“Our first suspect was Woods. After
that it became a process of elimination.
Young Woods knew that Pear] Bryan was

in trouble and wanted to help her. But
he couldn't have killed her because he
didn’t get to Cincinnati until the morn-
ing the body was found. Finney was puz-
zling—the cocaine in her stomach made
it look bad for him. He did go to the
saloon with a girl. But at the time he was
in the saloon with this girl, Pearl Bryan
was being taken to that orchard to be
killed. She. was taken there in a buggy,
which required time. So that eliminated
Finney.

“Roteau was a possible killer. The only
trouble was that we had nothing against
him. He was a doctor and could perform
an illegal operation. But no such opera-
tion had been performed on Pear! Bryan,
or even tried. So Roteau didn’t fit the
picture. That left only you, Jackson. You
made your fatal blunder when we first
questioned you. You said you knew noth-
ing about the murder of Pearl Bryan and
hadn’t seen any newspapers; yet in al-
most the same breath you asked if the
head had been found. How could you
know, then, that Pearl's head had been
severed—unless you severed it?”

The chief paused, stopped, looked at
Jackson, whose thin face was pale, his
eyes partly ‘closed as he stared at the
wall.

“As I said, it was obvious that Pearl
Bryan had been taken to that orchard
in a buggy,” the chief continued. “Our
problem, once we decided on you, was to
find out who took you out there. You
had to hire somebody to do it. For five
days we checked every vehicle for hire
in Cincinnati. On the fifth day we ques-

TRUE POLICE CASES

“We've planning a little informal break tomorrow night. Care to join us?”

tioned old Andy Jones, a colored man
who rents transportation of all kinds.
He said that on the night of the murder
he drove two men and a girl to Fort
Thomas. ‘The girl, Andy explained, was
unconscious and kept moaning. One of
the two men was in the back with Pearl;
the other sat with Jones. Those two men,
Jackson, were you and Walling.”

The chief gestured to a detective. A
moment later Andy Jones, old and gray
and nervous, entered the office. Chief
Deitsch asked: “Are these the two men,
Andy?”

“They sure are,” the colored man ex-
claimed. “That thin-faced man there was
in the back seat with the girl, and this
other one sat with me. I drove them
out somewhere near Fort Thomas and I
didn’t drive them back. The girl had a
suitcase.”

“That’s all, Andy,” Chief Deitsch said.
The colored man shuffled out of the of-
fice.

Deitsch looked at Jackson. “You placed
Pearl Bryan’s head in that suitcase,”- the
chief went on. ‘“‘Kuegel’s saloon isn’t far
from where you live. 1 don’t know what
you did with the head, but you slipped
in the saloon and left the suitcase there
knowing, that if found, it would throw
us off the track. And we have other evi-
dence. We searched your room and found
Pearl Bryan’s gold locket covered with
blood. Your motive for killing Pearl
Bryan was simple. You were the one who
got her in trouble. You were in Green-
castle several months ago, visiting Woods.
You met her then and seduced her. That's
why she had Woods send that wire. She
wanted to see you and have you take
care of her. You did, but not in the man-
ner she expected.”

”

Jackson never confessed to his brutal
murder. Walling, being weaker and
easily frightened, two days later con-

fessed that Jackson had asked him to’

help “take care” of the girl.

He didn’t know what Jackson had in
mind until they got to the orchard where
Jackson killed her and severed her head.

Walling gave the only logical explana-
tion ever advanced on what happened
to the head: He said that Jackson had
talked often about getting a human head
from a body to make a study of the nerves
that go to the teeth.

Dental colleges were checked but the
head was never found.

Jackson stubbornly refused to confess.
He claimed Walling was the one who
got Pearl Bryan into trouble and was
the one who killed her. Both were
brought to trial and the jury promptly
found them guilty of murder in the first
degree.

On March 20, 1897, the two men paid
with their lives on the gallows for the
murder of Pearl Bryan.

Remember—you read the best
by the best authors in

TRUE Potice Cases

Th

[Cc

vision of ™
prompted h
tracked dow
The curio
home. One
from New \
advised him
police, pay
his child. “]
the $20,000
return.” Ro:
not, he said
criminals.
During t
ceived two
posted in P
complained
was endang
He hoped, h
convinced ©
If this were
prepared t&
alone, Mosl
be effected «
was to tran
white satche
personal rea
“John, It

‘the 30th.”

Ross did
his secret.

At 4 0"
30, Ross re
letter from
what to do.
made less eff
handwriting

it arrives at
cab at Cor
N.Y., an ric
tral station
take the 8 a
of hudson 1
stand on th
form from 1
depot until
then to sta
hudson rive
the grand «
arrive at All
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find a lette:
dressed to
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cepts you b
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regardless «
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passes him
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these signa
track an yi
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Am


. new hitching posts were erected;

~ growth and stature of ort Thomas.

ya arn) (A I wai De

Fg

he PL Me A , (1 MISTER, ,

enlarged. Vhe city embarked upon its first bond issue. On
January 3, 1885, the building was opened publicly and
dedicated.

In every sense it was a community center:
outside was rented for pasture; a public cistern
the pound was placed in

The land
was dug;

the southeast corner.

At this time Mt. Pleas sant and Mt. Vernon Schools
were sold to buy desks to furnish the school rooms in the
building. The room in which the City Council was to
meet for almost 82 years, until the building’s destruction
in the Spring of 1967, was a true community meeting
place. In this hall, roller skating was permitted at a small
fee and ladies of the neighborhood held their festivals
there. Around this building wove all civic, social, political
and educational activities of the community and -the de-
cisions made there have contributed immeasureably to the
On this site will be
built a new structure which will certainly have the same
effect upon generations yet to come.

Among the early decisions made here was the re-
incorporation of the District in 1885. In 1886, for the first
time, two tickets ran for election to the Board of Trustees,
the People’s ‘Ticket and The Open Book Ticket. It was an
interesting and controversial political era, particularly
with the groundwork being laid for the purchase of 112
acres of prime land upon which the military post of Fort
Thomas would soon appear, bringing with it new oppor-
tunities as well as problems.

It was during this period that many of the major
improvements were made in city facilities. Board side-
walks were installed on both sides of Highland Avenue
and the main business area of North and South
Thomas Avenues
sidewalks.

In 1886 the City of Covington started to build its water
works plant and reservoirs in Fort Thomas, obliterating
the remains of the Phil Kearney Battery constructed there
during the Civil War.

March 7, 1888, saw the chartering of the Grand Avenue
Turnpike Company from Newport to Fort Thomas, one of
the incorporators being Samuel Bigstaf?, one of the original
owners of property on which the army post was being
constructed and who played a big part in its sale to the
Government.

In 1891 the State started the ball rolling toward the
eventual dissolvement of the District and the establishment
of a city, by prohibiting the district arrangements and
setting five classes of cities in its stead. Phe Distriet was
vs such for
23 years before qualifying for designation as a city

Prior to the establishment of a high
District, most education at this level was obtained at. the
old Newport Academy which was established in 1798 en
the southern end.of Newport near the District boundary.
However, this boarding school was only for boys.

The first postoffice was established in Fort Thomas in
1892 near the military post, and this perhaps had more
effect upon the naming of the community Fort Thomas
than any other factor. Once the military post was opened
and named, the official address for anyone receiving their

and these were later replaced by cinder

Placed in a sixth eluss and remained another

This page sponsored by: Your Fort Thomas Kroger Store

Fort:

school in the:

(72

and brought to trial there was much agitation. locally.

atts og WALLING, el whites, hanged at Newport, Ky., 3-20-1897,

HERITAGE , (WoT BU AU

mail through this postoffice was Fort Thomas P:O., New-
port, Kentucky. Any mail addressed to Jlighlands, Ken-
lucky, was destined for the dead letter office. More will be
said on the postoffice subject later.

Astute businessmen of the community,
to the effect of the military
chartered the Highland Park
erect a double-track street

Within a

looking ahead

post on.the community,
Land Company in 1891 to
Fort Thomas.

railway line. to

vear rights-of-way were dedicated ‘and set
apart for the construction from Newport, tying in with
tracks already installed from Cincinnati to Newport. The

tracks were laid in sections because of legal disputes over
the rights-of-way. It was first brought to Dixie Place, then

to Bivouac Avenue, then to the tower at the post and

finally to its final terminus near the end of South Fort
Thomas Avenue. From there a single-track “dinkie’ -op-
erated to Highland Heights. By February, 1894, about the

time the army post was completed, The C. N. & C. was

regularly operating to and from Fort Thomas.

At this time the Board of Trustees prepared a resolu-
tion which praised the firm: “For the splendid service
they are giving to the public. The cars are clegant, well
lighted and heated, and the emplovees are accommodating
and polite.” However. a resolution to exempt the company
from five years’ taxation was found to be illegal.

The new line not only hauled passengers but freight.
It is interesting to note that on a complaint, Major Bigstaff,
N. & ©. and entrepreneur of the
1S mentioned earlier, ayreed to haul freight
frighten

general manager of ©,
military fort,
after nidnight and_ before

horses. Also, he agreed that straw would be used in the
Winter on the floors of the cars for additional comfort.

dawn so. as not to

And thus quicker and easier transportation brought the-

District even closer to the metropolitan area and Jead. to

an even more rapid population growth, ‘This is borne out
by the map of the District in 1898 which shows that most
of the streets were already in position except for. these
subdivisions that resulted from the post-World War IL ex-
pansion.

Perhaps the most startling excitement and bizarre ex-
perience in the history of Port ‘Thomas occurred on Jan-
uary 31, 1896, when in a field not far from the end of the
car line in the orchard of J. B.
Avenue was found the decapitated body of a woman. It
startled and shocked the entire county and received na-
tion-wide publicity and was even immortalized in a folk
song, the Ballad of Pearl Bryan.

It was the discovery of identity of the body as well as
ray to his
The head was never found

Lock near Grandview

the murderers by Cal Crim. whieh paved. the
sueeessful career As a detective,

and a vear tater two young dental students by the name

of’ Scott Jackson and Alonzo Walling were tried and
hanged in the Newport Courthouse vard, although never
confessing their guilt. They each blamed the other. This

double hanging marked the last time that Campbell County
meted out such capital punishment. Charles J.
Helm, a resident of Fort Thomas, presided over the trial.

Prior to the time that the culprits Avere apprehended
The
proximity of the murder so. to the Fort Thomas
military post immediately caused aspersions to be cast in

Judge

close


PROPOSED ADDITIONAL ARTICLES - THE DEATH PENALTY, KENTUCKY

a

pam

7 Ft nt a va St Be Al 4 : Hen
34 uA { Vs . x t p
i tat ae) Ba ye 4 a at y 4

RT aa ee Lica at :
i AB EN tl Sa al chal Mii di lid cedibicn ash Sih Sy! POT a SOMO ITF

If you had stood on the bluff at the rear of the Fort Thomas Military
Post overlooking the Ohio River Valley in 1894, this is the impressive
scene you would have witnessed, Off to the right you would see the
Kinney Mansion, now Carmel Manor, but called by many Fort Thomas
youngsters the haunted house, :

that direction, with the powult that Col. Melville A. Coch-

intensive investigation of his troops and offered their as
sistance in scouring the area for clues.
When it was ascertained that ‘the severing. of the head

students: were under «suspicion, including Dr. L. L. Ross,
Sr. who lived near where the murder occurred and whose
son and grandson have both served as mayor of Fort
v Thomas. : :
It is said that for months later the streetcars did ex-
»», eellent business and thousands of people who had scarcely
* heard of Fort ‘Thomas before suddenly became aware of

not known whether this, coupled with the extensive and
‘detailed accounts in the newspapers, contributed to. the
growth of Fort Thomas. However, it is not the sort of
publicity that normally encourages residential development.

The attitude of the community towards the military
post was a mixed one, depending largely upon whether it
was viewed from afar off or from close. proximity and by
whom. | .

The post in the 1880's became a social center and the
entertainment and dances given by the officers were at-
tended by the well-to-do of the surrounding cities. Thou-

sands of persons on Sundays made the trip across the river

son the ferries to witness the regular inspection and dress

parade that was a particularly sparkling event because of

ea ) the gold braid and tinsel. The post was never without a
{ . erack military band and they: gave weekly concerts.

On ‘the other hand, there were numerous reports of

Bhi altercation and boisterous activities in the area known as

the Midway, where the enlisted men held their owi social

events. In 1898 Thomas Jolly resigned as chief of potice

iy over a disagreement with the Board of Trustees over the

conduct of saloons operating there. This trouble continued
Bet through 1901 and resumed with each succeeding war when

. the post facilities were manned to capacity.
a At about the same time at the opposite end of town
some citizens were making plans for some of their own

, Tan, commander at the post, immediately initiated an

7 required, some medical training, even doctors and medical:

the community in the Campbell County highlands. 1¢ is.

eae

TChe Meme E oct wa Toa

a, 2
. “+ oe 3, ct 4 af . fui i? se
bl (eames FNL ta i
os Z j shew Jay pig 4 Pal agihrog re Cr a :
“3 te r ey ia ft, ht ated oh

An imposing square white brick house on the corner of Warren Court
and South Fort Thomas Avenue was built by George Morin in about
1853. It later was owned by J.-B. Lock, who owned most of the land
in the triangular area from Grandview Avenue to Alexandria Pike. It
was on this land that the headless body of Pearl Bryan was found in
the early 1900s.

extracurricular activities. During Christmas dinner in 1900
at the home of Judge Charles J. Helm. whom we, men-
tioned earlier in conjunction with the Walling Jackson
trial, the subject of polf was discussed. Among those in-
terested were our Major Bigstaf, for whom opportunity
seemed to be constantly knockings a Judge Hodge and
two of the Helm boys, Webster and William. :

art a

HI REAP RAEON EE N PO
This pond occupied the current site of one of Fort Thomas’ most
attractive subdivisions containing Orchard Hill Raad and Meadow lane.
Photo taken in about 1890.

me." ' This page sponsored by: Rifkin’s—The Home of Good Shoes © St. Stephen Cemetery

we}


OSE AR iearwiccman ge

4 hope of # reprieve, The

‘
re ,

insect

Shea was a -“d-vear-old country girl
istle, Ind., who came to
(ioenpath to- 1896 tii the hope: of
iar String the man whose ehild she

carrying.

; ee
vee Vee Mod O88

She ended up drugged:and taken
ito an tsolated Held in @t. Thomas

whetrd her heed we is cut off while she
Was stl H ae

er head has ney. or by 487} found.

. : earl Btyas and her
brucal naitder is considered by many
the. mosi pty gational crime in the
history of northern Ke entucky,

+! Two dental s udents were arrested
| artd-'convicted of her murder in 4

sire were

thier ical trial, Pallowing & jail:

break, threats of public lynching and

7} a Jastiminute flurry of telegrams be-

tween the Newport jJalle¢ and the
governor, they were walked to the
gallows in the New port Jailyard.

They were met there. by o silent
4f ‘arbeid und two “expert” executioners

). t+ One from Brooksville and one from

Lexington,

\ For Seott Jackson there was no
20-year-old

( lidtive of Maine, Was described by

|, Newspaper accounts as fe ét,6inches ~

! al, blond couplextoned, with ald,
lit tering steel- “Gray eyes.”

ie 1, There.was ho hope for hii be:

ease he was considered the mAs tok
imnind of the murder; +e

dio Théreswas hope, however, for 4

Alon79 W falling.

Mt, Carmel, Ind. pd

* He was described as.6 fest, 9 Inches
‘tall, with dark hair and, hazel eyes
salu ler r hea Vy eyebtows that almost
arth ie

t
‘y
$e
i
}Y
|

di ale ¢ of character, which made him
alt the more the pliant tool of Jack-

(Suir eat

i thre ¢ eOve raAor bad a od News

“port Sherify Jule Plummer that, if

son meade a full confession on

Wiielrs

bite gallows, Jucluding where Miss |
; Bryon’s head could be found, the ;

governor would spare Walling.
iG AS they stood on the gallows,
“Didier asked Jyckson if he had
japybaing to sty before he was our,

"1 ipa Jackson ‘sald he did:

'tooksoa and Walling had come to
‘itis: point trough seve ral PW Astes of
jtate es

Jackson was tha adi of | fu i transate
“igiitle sea pos gt and had traveled

exten: sively by, the tline he wasa teen-

ager

/heh his father died, he moved

cas with (lg rether to Jersey City, N.J.,

“and teok a job with the aP ennsylyanta
| Railroad C 10,

4) LEIS boss was charged with emb: a~
miie save ral "thous sand dollars and al-

though Jackson, was never charged.
pete anything; he lost his job and_
mothor moved to Greencas-

later hiss

4 V4

“Walling wasa 2}. ‘year-old native ot !

ibe Halling Was. constdered a stolid ‘%
sand morose chare scter with “little

mp nee net corner eee

Ms Se
mh he Stade, ‘4

Cae)

i Paks ey ols bes So ead

' 733

Fe s0%

ed askin:

Te Wating wa
described as 5 feet,
9 inches tall, with bods
dar k hair ar id hazel.
eyes under heavy
= hgthede that) +3)
most met. Walling —’
was considered a
_ stolid and morose
character with ‘little
- force of character,
which made him all -
_ the more tha pliant
: tool of Jackson.’
RAMER EM £: QUNTX PUBLIC LavRARD

y
A¢

Corl Dry

t
'

i Peal Hid was |
described as a
“sunday: school and
. church worker

sprightly and ©
vivacious and ai.
social lavol ite in her

home.’ she had
‘bright blue eyes, «
blond hairthat
shaded to auburn, a
pretty face, the
almost flawless |.
coinplexion of an...

4 unspoiled, country

alee

Rik

" Teedhirie when nF ackson visited Green!

castle. That relationship changed

, the summer of 1895 and after Jackso
left for Cincinnati, Miss Bryant

“made a discovery. "

She confided In Woods, who wrote
Jackson.

~;. Jackson wrote back to Woods and

told him “to tell the girl to come to
Cincinnath” =; if

She arrived by train at Cinéin-
nate’ &§ Grand Central Station on

‘Tuesday night, Jan. 28, 1898.

. fwo days. later, on a cold, drizzly,
foggy morning, John Hewllng was

cutting across a field at.Highland .

Avenue and Alexandria Plke in F't.

farm of Col. John Lock. _
AS he walled along a pathway. fie

spotted a woman lying on the ground.

Tae | didn’t know if she was drunk or

“dead,” Hewling said Iqter. “Lots of

women from the town used to come
out there with the soldiers from the

gs A search Was made of th:
rounding erea for the head, w.
success.

Bloodhounds were b.
out. They trailed the scent fro
scene to the Covington water

‘volt in Ft. Thomas. The reserve

later drained, but no head was 5:
The body meanwhile was te’

Newport where ah autopsy we.

formed. It was then discovers

(the woman was pregnant. C

was found in her st omach, °

The, body was identified »
Bryan four days later thre
manufacturér’s number in one :

, shoes. The number led police :
‘the manufacturer, then to a
Thomas on his. way to work at the .

castle shoe store and then t*

—Bryan’s faniltly,

Jockson was arre: sted that

evening after police learned
letters between Wood and Jack:

Walling was arrested the fol’

‘day after Jackson ‘accused }

coor ttn sr fre omy Any, Wet)

SPhigihy LS ae fo Dse Boge welling. He then said,
WAV’ ai, yee f rah | ey OT Irn C) iy th it Alon: 1 Wi Walling be not
ne ee? SI Na € mulliy of poorder”’
social favorite in her Fhat tmessece was quickly tele-
he wen im ON Me pg : rrp ag ry oy N i : 0. HW
pele, ore Mada) = Pe octet Vee
‘pric Nt Paics CVAG EVER Amo BOovernor Oe, rap 1© 1 back that
TIGNE DIS CYES, more detefis of the erlnia were nec
blond hair that ed, =
Ato Guburr The hanging was put on hold and
\ Ya peps f
haded t MOURA, \ Jackson wos requestioned and then
eh etly | racg; Wie left a lone to thin’: 4 things ges for a
ole OSI t Taw Ness fow minuies. When they returied
ah of 2 Jackson satd he had ‘nothing fur-
GOH Figo 1) HOM of an ther” to say and the double execution
: ‘uNnsp He} fod, COUNTTY Was ordered to com Hine,
: Gir : : The gallows were checked again,
ay ‘and at 13

he!

fyengem argc amet mene r PsA" seta gun timber cy

A search was made of the sur-

* rounding area for the head, without -

success. Bloodhounds were brought
out. They tretled. the seent from the

scene to the Covington water reser-
9 volrin Ft. Thomas. The reservoir was

» later drained, but no bead was found,

d- The body meanwhile was taken to
Y Newport where an autopsy was pep~

- formed. It was then discovered oe
the woman was pregnant, Cocaine
, | Was found tn her stomach. |

The body was Identified as Miss
, Bryan four days later through a
3° manufacturers number in one of her
| af shoes. The number led pollee first to
. ! the manufacturer, then to a Green-

2 , castle shoe store and then to Miss _

Bryaiy’s family; op! +
’ Jackson was’ ‘attested that came
Or: after police learned of the
Peers between Wood and Jackson,
f Walling was arrested the following
y . day after Jackson accused him. of

4 committing the murder. Walling, In
v turn, accus ed Jackson

2°. Jackson had: firat met Walling

2 while the two. were going to dental:
school in Indiana, but thair friend. |

>» ship didn’t really de velop und they

f metagain in Cincionatl, ;

Walling told polies Jabkeo had

1 ‘originally asked him to perform an

abortion on Miss Bryan, but later

| Jackson talked about pols soning the

f ‘woman to male it look as if she had
, committed suicide, «:

v) ‘On Feb. 18, Walling and Jacks son

were indicted for murcler. be

1. Most of the police effort then

a)

', turned to getting the two men to con-

_ fess ioe Berea! the location of the |

end

a Le a a cs

‘ wonian’s

s head,

_ Police even took Jackson and
Welling to.the funeral home where

| the woman was laid out in her high

school graduation dress. Miss Bryan's.

sister begged them to tell the location

tion,
throughout sep: wate trials.

Jackson's trial lasted from April 21

i
)

of the head, but they showed no emo-
an attitude they matntained

to May 1 a.

Tb was e during hits trial that medt-
sal experts testified that they beliey-

. ke -~ based on the amount and loca-

tlon of the blood — that the woman
was allve during part of the dece apita-
MO, A

‘Despite Jackson’s continual ine
sistence that he was innocent, his de-
fens:

3 canter eae on teying to prove that
the women was dead before she Was

heheaded,
Jackson was found guilty and sen-,

tenced to hang. Walling, after a trial
that lasted. from May 20 to June 18,
recelved a slmilar sentence, :

. Police prdiection: both in uniform
and undercover, was heavy because of
rumors that the two men would be
lyne hed hy Angry relatives and res at

, dents, » ;

The theen' at of a lynching -y was 50.
great that when & Jail breals occurred —

while they. were being held th, ere, «
Jackson and Walling remained in

their cells,

t

‘The two men fomatied in v fol
untll March 20, 1997, when all their
appeals and continuanees had exe
pired.:

vA ‘rowd vathered early that dny

ane the condemned men were de- :

inet itenine ana tema SP ang me PS RIS or ecynengentent ream

. Library.

i2 the merch to the gallows

/ began,

Jackson yOS doseribed on the ral-

lows as ¢ standing erect and playing

the part of an acter, Walling wes de-
scribed as trembling with his eyes
downecast.

It was at that point that Jackson

was asked if he had anything further

osay.

An eyewitness said, ‘Jackson
hestitated fully two moments before
he replied. Before he spoke Walling
turned expectantly, evidently beliey-
ing that Jackson ‘would speak the
‘words which. would save his Hfe, even
while he thus stood on the brink of
‘death, Walling had turned half
around and he stood in that position
with an appealing expression on his
ae while Jackson, without look fog

ut him, upturned his eyes and replied
T have only this to say, that Iam not
gullty of the erlme for which I am
now corapelled to pay the penalty of
my life,’”

Walling was then asked if he had
any comments, 5

He sald, “Nothing — only that you
are fal dng the life of an innocent
man, and I call upon my God, to wit-
ness tho truth of what I say.”

At 1140 a.m. the tvap doors opened.

The two men fell five feet, eight

inches before the ropes went taut and

their mecks were § snapped, .

(fidttor’s note: Fleces of the Past ts

anew column of The Kentucky Post

that focuses en northern Kentucky's
history. Taformation for this story is
courtesy of the Kenton County Public
The. study of northera Ken-
tuchy’s history is an avocation of re-
pe reer ddim feels, who regularly covers
suburban ern C ounty.)


Oo RW g +e hay Z , zt * i 4 iy Le a \ as — q i : e me ) ie : Me, j f ‘ f"
casa Ne was considercd the raster almoct met. Walling Soctel favorite in her
a ; , i ' ’ J f ‘ ca f if athe 16 1 Ye rey ’ 1 ‘<9 re rae ’ yp. i i :
ek I mind of the nurcer; Woe CONeinowred ¢ hare. she had
Bs ) | iS CONSICTed a ‘bright bI i
Peat Ty ip v hapa Was hops, anaes ever, fa; te ed ee sth igs i aed bieleia HEI ysee
ee es ah ames ae stolid and morose | | rk, ihe
q i 4 i ‘ sem : ‘ rare va at: py pe ih oh f : q 6) A A. cy Y ak
Bu nied Wi Wing WOS A 2l-Vear -nld native of ( i} Util with little adi i a ‘ an a)
ht, Ai ht Capra trea ; Ore-e af eharantar Ssnade CUO €
ity. he Ay Arn G4, ¥ LO, 53 , ficve ( 3 Of chat acte} Py wae to rat AX, rn, a
ey Ue was deseribed as 6 feet, 9 inghes ee : ’ rethy raed te)
Be) et itt dati hate ange eesrete? | which mada himall pretty "ace, the
& Hah, WHR dark halt and haze eyes PA oo: Papp bey fe ohnoet flawloce
: ; vinden heavy eyebrows that alinost the mor @ tie pliant ae bite or Hp
iM HERESY I hy t ' 4 7 / i > ee f Ci bj ate) Exon Q caf) 4
F eet tool of Jackson. ioe MMOD mee hide
9 Walling was considered a stolid — a al eg unspoiled country
d ‘i On morose ehameter with “Httle CAME SU BOUNTY, PUBLIC LiBRARD o pe eras ,
ye tbo Of character, which made hin e Olt.
4 ) } ott the more the pliant tool of Jacke. (ts iss
Mf z= bi Che zoveraer hed | ye rmed New. | “2ceting when Jackson visited Greens °° A seareh was made of th:
; ’ * BOVErnOFY Dad bilormed New ee iis oc ca ;
; hee Lopart Sherige Jule Plummer that tf castle. That relationship changed in rounding area for the head, w
4 ae “-: EOekson! me de a full confession on + the summer of 1895 and after Jackson success. Bloodhounds were br
Waa | the gallows, including where Misg left for vincinnati, Miss Bryant — out, ‘They trailed. the scent fre:
4 a : Bryan’s head could be found, the . madea discovery, sie scene to the Covington water |
4 » J) governor would spare Walling, She confided 1n Woods, who wrote on - “he r bres Fee poods:
ia ede en FP era ! ater drained, but no hes fi
f fe “AS they,stood on the gallows, ‘ Jackson, aid 7
4 iy | Plummer asked Jackson if. he had |. Jackson wrote back to Woods and The body mehhwhile was ta!
Bs “anything to Say before he was hang: told him “to tell the girl to come to Newport where on autops wey
i ES ihe ayn : N AULOPSy
a iid, Bd. Jackson said he did: . a |, Cincinnati > : formed. It was then discovere:!
> aaa w'dackson and Walling had come tO... She arrived by train at Cincin- ythe woman Was pregnant. Cc
Wee | | Oks point through several twists of pati’s Grand Central Station on Was found in her Scomach.
Ba (othe RaACL Penge amv a Ang SU aah ee aa Tuesday night, Jan, 28, 1898, "The body. .was identified as
3 _ Jackson was theison of a transat-

, Two days later, on a cold, drizzly, Bryan four days later thro:

are lantic. seu captain and had traveled foggy morning, John Hewling was manufacturer's number in one :
. ih Mat extensively by the tle he was.ateen- > cutting across a field at. Highland | shoes. The number led police fi".
Gt ash, ager When his tathor. dled, he moved. Avenue ind Alexandria Pike in I't. - the manufacturer, then toa C
met arid with ids mother to Jersey City, Nu J, » Thomas on his way to work at the . castle shoe. store and then to
a (ot 1 and took a job with the Pennsylvania _ farm of Col. John Lock, ae aM Bryat’s familys fhe als
a FN cited Hone hon Shaner Ov) A em __ As he walked along & pathway he | . Jackson wag arrested that
4 ote [4 BAS boss wag charged with emibez- Spotted a woman lying on the ground. evening after police learned ¢
GE [age Srceon ras nce cheng gj-1tint now ihe wae drm peter Btreon ond en cs
4 Riel 8, wlth pnything he lost his job and _ dead,” Hewling said later. Lots of _ Wa pee Was arrested the foll
ql mee Lyene (a oer es Ne Lost eorcas- | “Omen from the town used to come | day after Jackson accused hi
* 4... } later Ms mother moved to Greencas- out there with the soldiers from the committing the murder, Wallti
4 hie i}. tle, Ind, baler eS ky Vee ir es ac post. It was. a lonely spot and they turn, accused Jacksoni.
a wet Tht wes while visiting his mother in | often used It for a trysting place. We: °. Jackson had first met w:
\ i.) [yd808 that Jackson inet Miss Bryan, had to run lots of women out of there while the two were going to ¢
a fie 1". She was the daughter of a well-to-' ; who were drunk.” nh ‘ school in Indiana; but their fr:
% fy [8 do former who lived near Greencas- -/. He told his employer about the ship didn’t really develop until
“a i rey *; Ghey, Eee AS _ woman, and a nearby deputy sheriff met againin Clacinnati. | vy
a “Miss 8 KyOn was desertbed as a.) was asked to look into it. _ Walling told police Jackson |

tian Hundayv-scheol and chureh worker, The deputy sheriff and some originally asked him to perfor:
‘ ‘hi sprightly and vivacious and a social others, Including Coroner Bob Ting- abortion on Miss Bryan, but |

HN) ifavoerite in her home,’ She had. ley went out to the spot and found Jackson talked about poisoning
Wo" “bright blue eyes, blond hair that/: indications of a, struggle and a poolof | woman to make it look as if sh:

ae i.) pSheaded to auburn, a pretiy face, the blood at the woman’s feet. committed suicide, :
ai

Ahoy, 4d Abnaost flawless complexion of an un, When Tingley turned over the On Feb. 13, Walling and Jac
-Spolled, country girl,” : he] {

|

one all fo Tee Shas :\ body, the dress, which had been pull- were indicted for murder. —

fy Aes -. + Mackson and Miss Bryan were - ed up over. the top of the body, slid Most of the police effort |
* { Poe fi introduced Dy her second cousin, Will ; down re vealing that the woman’s turned to getting the two men to :
gx “oe | Woods, and they became friends, ’ head had been cutoff. ; _ fess and reveal the location 07
Cd . ile . 5 of sles sme ; rere ie i AA» EBS TY L . J : or . “a ; wae

Ma
a


peye i ie
wd iS t
habe cribed as a

‘Sune: AY: “Sf hool ¢ Ps) and : Py
ru (on WO Hi KOK.

Peat | are nil

ve er Be ae

Hightly and
1

“vivac fous and _ :
Social i favor ite in her
lome. She had.”

(6 Re
‘bright blue eyes,
blond he air that

1 _ shaded to dubu wm, a
! :

} %y

“ple tty face; the
almost flawless
Complexion of an 3
unspoiled cou riry -

wean

girl.

ate
‘A
re

A search was made of the sur-
‘rounding area for the head, without
‘success. Bloodhounds were brought
out. They trailed the seent from the

' scene to the Covington water reser-

“formed. It was

day after

‘volr in Ft, Thomas. The reser vole was

Inter drained, but. no head was found,

The body meanwhile was taken “
Newport where an atitopsy was pe
then discovered ee
jthe woman Was pret
‘ was found {in her stomach,

The body was identified as Miss
‘Bryan’ four days oe through a
atoll all number im one of her
od police first to

 gebes. The number. Ler ye
manufacturer, then to a Green- |
 Costle shoe store and then to Miss

Brya i's Ip, milly,
Jackson wos Hit Tes
evening aftar poll
letters between Wood and Jackson, u
Walling WAS arre: stad the following
Jacl kson accus sou Alm of

ted that eame

falaty qoys here

nant, Cocal ine

te learned of the |

teneed to hong,

1c ott: Heol tt:
ae ou dn De

on, @
ive of

qn
My
ted
£.
'

yspapr er accounts.
at, Ginches
dd
GOT ed, with
[ter ng steeal-
Ihe re
si h lope for him
Hecause he was
cone Hie ed the _
asteimind of the

: by

i)

- e

oF f¢ ES,

H :

murder,

‘seribed ag “rack séialy defiant” of

i

woman's head, : :
even took Jackson and
Walling to the funeral home where
the woman was laid out in ber hi leh
- sehool graduation dress... Miss Bryan’s
sister begged them to tell the location.

Police

of the head, but, they showed no emo-

tion, pn alt tude they maintained

throughout separate trials.

, Jackson's
to May 14)
Tt was during Dis trial that meat.

cal exper ts testified that they belley-
ed - based on the emount and locr-

tlon of the blood — thot the woman

“was alive Cur oy part of the dec
flon

. Despite dae son's continual in-
sists nee that he was innocent, his de-

capita

fense centered on trying to prove that
nh was dead before she was

the wom
hek Leaded,

Jackson was found guilty and sen-
Wallliog, 3 {ter a trial

trial Insted from April 21

‘words which. would save his} life, e

their situation, look cing out throug ah
their joll window at the erowd and—

even greeting some people,

The day was deseribed as a, “per-
fect spring dav.” The “sky was cloud-
less” and o. lk 340 breeze swayed the
two “looped ropes da angling? from the
gallows.

Because of his inexperience in
hangings, the sheriff had asked Eb
KF auth, of ‘Lesdngton, who was consid-

ered an execution expert, to make

Sure the eallows would work, Bracken
County Sherl{f Maurice Hook also
hed been ashed up because of his ex-
perlence in such work.

The execution was set for 0 a. ni
but af three minutes to 9 Jack: son
asked to tallr with the minister in at-
tendonee and, attar dojng so, Jackson
tald the A athe ‘he had a statement -
to male about Walling. He then said,
“I know that Alonzo M. Walling ts not
gullty of murder,”

That mesa pre was quickly tele-
graphed to Coy. wi Mia O. Bradley,
The governor tele; raphed back that
more details of the fecimné were nead-
ea.

The hanging + was put on hold and
Jackson Was requestioned and then
left alone*to think: + Mones over for a
2W Minutes. When they returned
Jackson said he had “nothing fur-
ther ” to say and the double ex erint fon

“Was ordered to continue.

The gallows were checked again,
and at 11:22 the ma reh ” the ea lows

‘hegan,

Jockson was described on the gal-

lows as stendin 1g erect and playing

the part of an actor, Walling was de-
seribed as trembling with his eye
downeast.

It was at that point that Jackson

: was asked if he had anys ing further

to say.

An eyewitness sald, “Jaekson
hestitated fully two moments before
he replied. Bofore he spoke Walling
turned expectantly, evidently helev-
ing that Jackson would speak the
von

while he thus stood on the brink of

death. Wolling had turned halt

around eid he stood tn that position
With on appealing ex ‘Preesion on his
face, while Jackson, without look dng
at him, upturned his eyes and replic d
a pave. only this to say, that Iam not
guilty of the crime for which Iam
now compelled to pay the penalty of

my Ife, go”

Wal ling wrs then asked if he hed


(Jacob
From: Haycraft?s History Of Elizabethtown, by Samuel Haycraft, Jr. Written 1869. P.36-37

FIRST CAPITAL PUNISHMENT IN THE COUNTY

Jacob, a negro slave, the property of John Crow, killed his master on the 30th of December,

1795. They were both cutting on the same fallen tree-the negro at the butt end, the master high
up. Crow thinking that Jacob was not working with a will, came to inspect Jacob's cut, reproved
him for sloth and turned away to resume his chopping; as soon as his back was turned Jacob dealt
him a blow in the head with his axe, which killed him outright. Jacob drew his dead master to
the side of an old log and covered him with leaves.

He then fled to Vienna at the falls of Green River. As soon as the murder was discovered,
Phillip Taylor pursued and took Jacob. When arrested he said to Taylor, "I killed Crow, but you
prove it."' The prisoner was conveyed in a canoe to the mouth of Rough Creek, and up Rough Creek
to Hartford, and from thence was brought under guard to Elizabethtown in the Valley.

On the second day of March, 1796, by consent of the prisoner, he was tried by a called co-
urt, composed of Judges Thomas Helm and John Vertrees. On arrangement Jacob pleaded guilty, and
he was sentenced to be hung by the neck until he was dead, dead, dtdds and the Lord is invoked to
have mercy on him, and the sheriff, Samuel Haycraft, was ordered to carry the sentence into ex~-
ecution on the second day of April, 1796, between the hours of twelve and two o'clock.

The court not agreeing on the value of the negro, a jury was impaneled who fipixed his value
at eighty pounds.

As murder at that day was of rare occurrence and this perhaps the first in the county, it
produced quite a sensation, and particularly so, as John CrowA was a man of some note and highly
esteemed. |

The prisoner was confined in the old poplar log jail and there befng-no jailor, the sheriff
with a guard was charged with the custody of Jacob. A few days before the execution, the sheriff
being absent, the duty of feeding the prisoner devolved on my mother. On opening the door to
hand in his dinner, the prisoner made a desperate dash, upset the old lady and ran for life. The
Hon. George Helm, the father of Gov. Helm, being in sight, and being then a stout young man, pur-
sued the prisoner about four hundred yards, crossing Valley creek and ascending a hill, caught
and brought him back. He was then kept safely until the day fixed for his execution. As is us-

ual to this day, on such occasions, the execution was witnessed by a vast crowd. The sheriff

having a distaste for the hangman's office (by consent of Jacob) procured the services of a black

man to tie the noose and drive the cart from under. The writer was less than a year old, and I

QVER

"The ‘time Jacob was hun A


SLAVE JACOB, hanged at Elizabethtown, Kentucky, on April 2, 1796.

From: HAYCRAFT'S HISTORY OF ELIZABETHTOWN, by Samuel Haycraft, Jr., Written, 1869, pp 36=37.

"FIRST CAPITAL PUNISHMENT IN COUNTY.

"Jacob, a negro slave, the property of John Crow, killed his master on the 30th of December,
1795. They were both cutting on the same fallen tree = the negro at the butt end, the
master high up. Crow thinking that Jacob was not working with a will, came to inspect
Jacob's cut, reproved him for sloth and turned away to resume his chopping; as soon as
his back was turned Jacob dealt him a blow in the head with his axe, which killed him
outright. Jacob drew his dead master to the side of an old log and covered him with
leaves.
"He then fled to Vienna at the falls of Green River, As soon as the murder was discovered
Phillip Taylor pursued and took Jacob, ‘hen arrested he said to Taylor, 'I killed Crow,
but you prove it.' The prisoner was conveyed in a canoe to the mouth of Rough Creek
and up Rough Creek to Hartford, and from thence was brought under guard to Elizabethtown
in the Valley.
"On the second day of March, 1796, by consent of the prisoner, he was tried by a called |
court, composed of Judges Thomas Helm and John Vertrees, On arrangement Jacob pleaded |
guilty, and he was sentenced to be hung by the neck until he was dead, dead, dead, and |
the Lord is invoked to have mercy on him, and the sheriff, Samuel Haycraft, was ordered
to carry the sentence into sexecution on the second dap of April, 1796, between the
hours of twelve and two o'clock,
"The court not agreeing on the value of the negro, a jury was impaneled who fixed his
value at eighty pounds.
"As murder at that day was of rare occurrence and this perhaps the first in the county,
it produced quite a sensation, and particularly so, as John Crow was a man of smme note
and highly esteemed,
"The prisoner was confined in the old p§plar log jail and there being no jailor, the
sheriff with a guard was charged with the custody of Jacob. A few days before the
execution, the sheriff being absent, the duty of feeding prisoner devalved on my mother,
On opening the door to hand lh his dinner, the prisoner made a desperate dash, upset
the old lady and ran for life, The Hon, George Helm, the father of Gov, Helm, being
in sight, and being then a stout young man, pursued the prisoner about four hundred
yards, crossing Valley Creek and ascending a hill, eaught and brought him back, He
was then kept safely until the day fixed for his execution, As is usual to this day, |
on such occasions, the execution was witnessed by a vast crowd. The sheriff having a

distaste for the hangman's office ( by consent of Jacob) procured the services of a
black man to tie the noose and drive the cart from under, The writer was less than a
year old, and I suppose was not there, but for years afterwards he heard the matter
spoken of as an era in time, 'The time Jacob was hung.'"

Provided by Mrs. T. D. Winstead, President, Hardin County Histopical Society, 107 We
Poplar Street, Elizabethtown, Kye 2701.

on the bank of the Mississippi river with oe yards of the Jail was ready.

HANGED 6=10-1891

GEN

NAME PLACE — CITY OR COUNTY

HICKMAN, KENTUCKY

RESIDENCE

LEVI JAMES

DOB OR AGE

RACE

Black

OCCUPATION

21

RECORD

CRIME | OTHER

Murder

VICTIM

Thomas Garvin

MOTIVE

ear® 11-10-1889

AGE RACE

White

METHOD

Shot

Mistaken identity

SYNOPSIS

The following from LOUISVILLE (ky) COURTER-JOURNAL. 6-11-1916 mood likeness on page aes

before and talked ‘freely, confessing that na; iéiey echtel, ‘ie hie since been scclaambalty Killed
d heLow Bives, Cal Clemons, since murdered at Fulton by Dee Brooks, w
is now in Fulton County Jail far waa murder, and Ben Williams, All colored, were together when the
murder was committed, and aided him to de the mrder,/ Slept from X&XKE 10 o'clock to 1 o'clock last
night and ate often during the night. condeba 2 o'clock he took a short nap, after which he talked
freely to guards on night watch, At 5 o "clock, pmenierbas BK, rss es ow on hand and gail
George L. Carpenter was ready to receive |

The hangman" s _ was
in @ ‘= SS caaU : 1G ¢ ig .) ESS v 2

Reve Je We ipgrieiger af the sfrican Methodist Church, and tev. Green Faulkner of the Baptist chureh
were _present—te = - mec = SE : =
He ascended the scaffold and satied for water which was Eiwahk iin, at 6 sf asia ieee “a, drop
fell and neck broken, In 13 minutes body cut down and taken to potter's field where it was buried. /
Crime committed at Fulton on night of Nov, 10, 1889, about midnight. James had been around the sae
loons drinking and gambling during the evening and became involved in a fight with a white man whe
bore some resemblance to the man killed, This fight occurred some three hours before killing and BH
James was very boisterous and made many threats, The man killed, Thomas Garvin, was a stranger in
Fulton, lived in Chicago, was a locomotive engineer, single and about 3S=years=old, —He-was_in-the—
waiting room, weiting for the Sens a = came atone cursing and, seing Mr. Gavin a i: “—<_
1redg or im Ww HLStO Da eY'e auUsing Insts aes yames
— toa oe mill nearby mire _ hid until ‘about g ) Hae Step = craviled a? an aan “a
and hid in the fields until nigh. "en. he pore a freight rita South, He gox ‘to Nein ilag Vicks=
burg and to New Orleans, where he was arrested and returned to the jail of Fulton County on March 13
1890, He had been indicted for the wilful murder of Thomas Garvin at the February Term, 1890, of th
Fulton Circuit Court, / At the next August term of cour}, a trial was held, The defenese was
ably conducted by Judge A, D. Kingman and A, W, hindsay, the evidence was short and conclusive,
The jury, composed of the best citizens of the county, after a short eae reerney a vera
finding the defendant guilty of willful murder and fixing his punishment at dez : :
sed sentence, fixing mere 20, 1890, as the day of the eaten, Ss oon thereafter James becan ta

a
se LP on * Reh a n 2. TCs y ry Ue 5&9 che Lt

day vi the execution, impaneled a jury to et be question, This jury, by verdict, found hin

gan to show imprevenent and api recovered the Sheriff notified the Governor eis seni fixed the ex=
“ d_and was considered a tough

negro; quarrelsome and blood-thirsty, This is the third execution si law here, The first was in

18,8, once Charles Smith for the murder of A, 0 Tyler, The Sheriff was L, D. Stephens, who is

long since dead, The second was that of Dan “agan, who killed Jim MMMNRMNME Foley by cutting him

with a sate on ne pert total one e erene) Girona’ synkg was - age he was epee

BF. aly: This was in jnties, 18564 "

APPEALS

LAST WORDS

EXECUTION

SOURCE

FRANK NEWTON OFFICE SUPPLY-OOTHAN


a, hanged Paducah, Ky.

In

’ fh} Homas Jey

>

JENKINS

=

AVERY

NEGRO SL

TAYLOR

ORVILLE W

rr

4
'

DUKE UNIVERSITY PRESS


Slave JOHN,

‘Cundiff, who: was ‘arrested’ ‘about one ‘vear

bossibly hanced Larue Co., KY

ESS eats BI af Oe arene

oy {Exellement fo. Larue County, Ky,
Confession of a ‘Murder {—Arrest of Fo
Poe ssons !— Threatened Ly ynch Law..

We nnderstand: that for several days past the
‘most intense excitement has prevailed in Larue
county, in consequence of the conféesion ofa
ling tradgedy.—-John, a a lave, the property Of Ber

charged-with the marder; of Mise Mary Shaler, hay

confessed his. participation in the tle, aad impli i

cates. several other. Pergons.
“This: Miss” Shaler was ‘originally a resi

‘Bardstown; but atthe tine of the murder, j Was tem,

“Che negro has been tw
jury failed to agree, A few daya since the begro
was induced to. make a clean breast of the horrible

telling him tha gheTaylor: county mob W
to hang. him.”

‘fe bays. that. four ‘persons. wero mor bpcted with

Mrs. ‘Murphy, her. seuginet sixteen: years of age,
James McGavock, and W mM.
ves ‘were. all ft

(leis ‘Renerally believed,

| murdered pe
Ne | Cuuriory | BOM inst

‘Great, excit Meut xisted Se the. ‘com

unity, and

it was with difficalty the officers could prevent the

‘ crowd from lyachiog. tha accused—in fact Pike ;

was at one. time swung.up, ays
‘The circumetances

supposed to hay

Aiea NY ee

ur Vers

Sart.

since,

at of

‘porarily. living. io Larue Sounty, with Mra, Morphy, “
vice tried, but cach. time tle

affair, belng threatened - with lynching —persone :

vag coming =

‘lan in the’ afin, he being a mere tool, and receiys
ing two. hundred dollars. The Petaons charged are

Picki rell, These | pate |

a0 EXASDC ted were. the citizens tht

ts
othat led. to the “mander: are
! ald to be. ‘owing to the fect, that Mass. Shaler was
siderable sum of money,
Pd, however, that. Whe te
qiralleyy way about to mar -
N esol :

ae ;

1859


. 580 93 SOUTHWESTERN REPORTER. Gy. Ky.) JOHNSON v. COMMONWEALTH. 681
‘ testified mS his where it un- | of a continuance by the trial court, unless it
adverse possession of another, oo rol ‘ie bey he madé repeated efforts immaterial, oF ‘lscre oy  radlcial to the snatential takes
based upon that statute was unavailing-4 had gathered from the | ° tion prejudicial to the substantial rights
this case. For the reasons given abpve, the | to locate the bond gnd Stidbam, but oc fentigys dba pe er engemnset oy
def: of the statute of limitation” was also utterly failed; that“only a short while be- Cock Giak ben Sade be 2. SamE—GRoUNDS—ABSENCE OF WITNESSES
sean Prag consider | fore he had leatméd that Stidham was some- 4 e knew how | —DILIGENCE—AFFIDAVITS.
unavailing. Which brings , : in Vigvinia and eal 4 the bond was to exp purpose of such a conveyance, Accused was indicted June 7th. Two days
whether the patentee a conveyed the | where in V! ced th his recollection we gather that h fterwards the case was set for trial on Sep-
4 to bi in 187148 claimed by appel- | lost. It<as shown that he had tra e comigee < ot tnt wh a tember 29th, and when called on that day it
land to his son bond #6 the possession of Stidham, and had ; ee at least when rea was on accused’s motion continued to October
The tentee @fid his family, as well as boop fthable, after reasonably diligent search, prison in es +S pen HB Eo: the eae ° Mictecone wen
, Ww
most of t b ghbors who are witnesses in | to’ locate him; that the best he had been ‘Another objection to the made. The affidavit of counsel of accused aver-
Sate peck tn that time | able to do was to learn that he was then as tile be is that it ta red that he had been unable to prepare for trial
the case,fire illiterate. : Remotely | somewhere in another state. 4 paper is not delivered to | because of his inability to talk with some of the
such ds were of little value. y 4 evidence is receivable the grantee. The ci stance was peculiar. | witnesses, who had been frightened out of reach
ai ed from their county seat, recourse was Before secondary ‘ its From some ca kely enough a scarcity of the process of the court by a spirit of mob
arily had to the services of unskilled | as to the contents of a private writing, of writing p this conveyance was writ- violence in the community where they resided,
ere Ing conveyances, which | loss must be established by the party offering ~ of aheth ag te Bip of Ge attempt of olicets made 8
draftsmen in preparing y' d ct | the evidence, to the satisfaction the court. nm on ack of another document which | few days before the trial to arrest two persons
very frequently, almost always, were @ ’ aby Arye was ed to be delivered to a different | sccused of crime. The affidavit did not show
denced by title bonds, pa by assignment. | This he must show by ev ik te tog ee. It was not possible for it to have that an Rm ap wee been made to see the wit-
The patentee had acq' in this way title | after diligent search in g 8 m held by both grantees. Yet it not in- b a > ae ee ee

on which he then | place where it was mogtlikely to be found, between June 9th and October 20th. Held,

to another tract of Greenleaf lays it frequently happens that the same instrument | that the affidavit furnished no grounds for a

f;
Hved. When he,fffoved away from that | bas been unsuccess “that in conveys different interests to different gran- | Continuance.
_ RB. C. Day. | down (1 Greenleaf, ividence, § 558) 8. SAME.

nica <= leases ge assignment general, the party’1s expected to show that pra ot pe gg acne Se ee: An affidavit for a continuance in a criminal
pigt ee snd which Davis held for the | he has in ith exhausted, in a reasona- es a an posses- | case on the ground of the absence of witnesses,
of the spond whic ti ble degree 1 the sources of information sion e same ng. One mag ac- | which fails to disclose whether or not the
land. testifies that at the same time, 5 hich the nature of cept the benefit of a written conveyagé, and | #bsent witnesses were summoned or subpeenas
and uffon the back of the same title bond, | and mea oF prateg Aypene cry sak wie yet never see it, or have possessio it. So _— - nang them, is bad for failing to
at Andrew Davis’ instance, he wrote a con- | the ca ould naturally | on fucthor onye its grantor may deliver it wif#fOut handing [Ed. Note—For cases in point, see vol. 14,
aa ocala ey tim oak cm ey ‘It should be recollected that the ob- <a oo Ge partes 1 aete bo <a the in: | Cents Dig. Griminal Law, $4 1850, 1800]
sat a org - bond was delivered to | ject of the proof is merely to establish a the quene vilindt ratveat bin If of he “son ee
tg — an years afterward resold reasonable presumption of the loss of the title, according terms, ad thee finns 4 On a trial for homicide, it appeared that, on
ma which he had bought of Davis, a instrument, and that this is a preliminary the day before the killing, a difficulty occurred

it on those terms, the par- | between accused and decedent. Absent witness-

tle | inquiry addressed to the discretion of the
ct Rado be oiunyeected | fey Ete PE Ta geo ee vai the trmarin ot | oe crt a! ee
os a aed deed of yeyance to | little value, or is ancient, a less degree of in law ave :
the bond, to make a :

Held, that the evidence of the absent witnesses
his vendee, surrendering bond to its | diligence will be demanded, as it 1 be accepted, especially after it has been | giq not support accused's claim of self-defense,

ese and afforded no proof of provocation for the
maker, The mother ofsMflijah Davis cor aided by the aang : a ¥ eat the Shoptaw v. Ridgway’s Adm’r, 60 8. W. 723, | homicide, aa accused had an entire day of cool-
roborates Maj. Day’g#testimony. Although | circumstances @ . _ ig tea geed 22 Ky. Law Rep. 1496; Ward v. Small’s ing time between the time of the shooting and

id not rea write, she says that | custody of certain persons, froved 0! Adm'r, 90 Ky. 198, 13 8. W. 1070; B the difficulty, making it proper for the court to
Se a Pe ¢’ Davis direct Maj. Day | may be presumed to hav sin their pos Bunnell, 111 Ky 566, 64 8. W. 420 or v. | refuse : continuance on the ground of the ab-
rh ons the aper so as to give the boy | session, they must, In erat, be called and 007. : moe bs “Ted. § seeligh cases in point, see vol, 14,
that place, d she heard it read and saw | sworn to — fo pad gy fed a Appellee is not an innocent haser for | Cent. Diz. Criminal Law, § 124 =

f the process 0 e. ’ =a

Davia dab prying not that Andt’t | of the loss of théveriting in this case, then, value without notice of appejfiint’s title. He | 6 Howicioe Evite ror homicide, it

y Elijah. Elijah Davis testified that | is that it w

> as throu; h the bands of g asly inad: fate Wher e, on a trial for homicid it was
4 —— price. He ad- e,
ough only four years old then he remem all access!

Z shown that accused used the pistol with which
sessors till it was shown to mits, and it was showm, that he had learned | he shot decedent in the execution of a previous

of the conveyance: Elijah Davis to Bal- | ly formed purpose to take the life of decedent
Bers the incident, and later saw the ep — righ oD gamit bag lard Thruston, psft relied on its being invalid, | without are agg a pg gh by a
that he, from the time ed be hgh oc = . for him, but he was not oaialk and took t hance of getting a valuable | gqmissible.
work, pald the taxes on the land, 1 hat be was in another a& mere song. The circumstan- 6. Same—SvUFFICIENCY or EVIDENCE.
claimed it as his own till he _ a ene x pede saing te gt y ue aed ed so that be such as to arouse the suspicions and ‘ Ons — for homicide, evidence examined,
. Andrew Davis den n his | juris ‘ te the inquiry of and held to justify a verdict of murder
pon dere ‘nat he had executed such a writ- | could be found. What Elijah Davis learned rood faith, css Ae an — pg SS Se -
ing, or that he gave the land to his son. | that stidham a — —— og geod and therefore, being put on his notice, he | Appeal from Circuit Court, Jefferson Coun- “<4
4 ijah | may not have 3 e
He Gees < ata Ong pang er pm he such evidence was admitted in Smith pone pases ote peptdprnsom po PyPaee. ge oapengral pert reported.”
card pee wie set He never a any taxes | v. Smith, 10 Ir. Rep. Eq. 274, and in Reg. revealed, which would “OA ate yr a3 Cornelius Johnson was convicted of murder
: no eit pa gave it any,-fttention from | ¥. a oo SS herein recited. in the first degree, and he appeals, Affirmed. C4
by. sa et it was evidence of his Th ~
Sei ail ne was epproaged in 1002 typ | Yet CaS CLS "AsrnaUpon tbe | mana doctone dinioncppetiet | peane NB. aya aig. Gane nnd G.I! ,
piney x De ial *. other witnesses say | whole, we are of opinion that the loss of the petition. ppellee’s | pellant. N. B. Hays, Atty. Gen, and C. H. Fe i
Leo Ae ndrew Davis to Elijah | instrument was sufficiently proven to admit Morris, for the Commonwealth. <
Davis in 187MWas not produced. The bond | the secondary evidence of its contents. Of SETTLE, J. The appellant, Cornelius ro
{ "executed by Sam Stidham, in the latter, while the exact terms of the docu- *. JOHNSON vy. COMMONWEALTH Johnson, a colored boy 18 years of age, was ~ 43
bation I title rested. Maj. Day sold | ment are not shown, and might be regarded (Court of Appeals of Kentucky. M , indicted and tried In pe = nang ie ms ;
pages é ae seven years after he had with some suspicion ft they — ror ne L Gnas ce ee court for the crime of willful murder, com- ; 4
ei, tea tnd cme Sham tt | memory toe of omen ay | aente ten semaner «| Swan Kasey atvne men meters = ‘S| || if
wite to convey by deed to Bittaham. 4. | clear from the proof that the purport of the intgnest f conviction, because of the retusa! nel veri < fend, maemo ae O Saf
was then delivered over to Stidham. Stid-|c¢ “iting was to convey tbe to Blija a, use of the refusa] | their verdict found him guilty as charged, OQ q ;
ham was not produced. Elijah Davis is the | W land oN : 4 ;
.
|

a ; . ¥ 4 * ? ; * . 7
fdas. ihe ibe R es, ¥ %


atlas A) (pi be | | AY

NAME PLACE — CITY OR COUNTY DOE “July °27 1906
9
Cornelius Johnson Louisville, Kye Hanged &X2%xXXVGR
DOB OR AGE RACE OCCUPATION RESIDENCE GEN
Black
RECORD
‘ CRIME ‘ Murder DATE OTHER
5228-1905

VICTIM AGE METHOD

Conrad Kaiser

MOTIVE

SYNOPSIS

oid: s: geas and nitoee but I am not afraid be it and part Rik sik re yonoryow car al said sh it

ever “Ene Kaiser finally ordered barkeeper to eject forcibly, " After denonstration, Jolnagh announced

that he would return and 'kill the bunch,' <A few hours later, Kaiser d

talking with friends, Johnson appeared, revolver in hand, and demanded to on why he had been eject-
ed. Before Kaiser could answer, he shot& several times, one bullet striking in intestines, Kiaser
died next day in Louisville hospital, Johnson fled but was caught the next day in Jeffersontown,
Mrs, Kaiser died several months later, supposedly of grief, LOUISVILLE COURIER-JOURNAL 7-27-1906

Hanged at 5:27 AM in yard of piaahigs County Jail, Execution carries hes quietly am oulckee and
without incident. Met death a e] soun A o-shake
him to arouse him at 3 AM, Jumped up with smile pe asked to bathe nto dressing in new track
suit. Made up his own bed, Ate a hearty breakfast. Nodded head

death warrant read. Only weakness shown was when leg straps being adjusted on gallows and he tran-
vled slightly but soon regained composure, Neck broken and pronounced dead in 13 minutes. Releatives

arc taal and buried in Louisville black cemetery, LOUISVILLE COURIER-JOURNAL, Louisville, Ky.

TRIAL

APPEALS

93 SOUTHWEST ERN 582

LAST WORDS

EXECUTION

SOURCE

FRANK NEWTON OFFICE SUPPLY-OOTHAN


i

Slave JOE, hanced Boone

+

“Congiee. Sout. :

CUVING
acest "aed ae ky
— yon CLERK =e

- GROKGRER * Mek]

ARCH eh ps8,

county, Kentucky, March 19,,1858,
Covington rc

3-27 -

or * Sae Mag Trade at |

The Cincianati: Price Current publish:

‘1 Oa ibe pains of the 233, Mr. Doe

ht, Who. hed for ecrbe das # beew-gay-
_| pscked aad the aversge price each bu
‘Shed to his’ room by. iadispoei jun, 3 aeStlsyatabe aeadon ior aetorel ee

“greeted with’ applause by’ perrons in the
~fobbtes and gutteries.” ‘The chamber wos
=» | clote! ty packed by anxious spectators.

following in‘eresting facts: regs
sid

ISB pe

Beatuchy

“'Paoonsss ov TEE

‘es tables shewing the wumber of ‘hors extensive sevivel is um
. |the Beptist chureb, ay
ries of meetings area!
| | peieed in the Serate chamber. He wes past.” From these tables “ = nee Paesbyterien ohuro*.
dogs are being held fa

erable juteres: Is

‘The avarbdér. of bogs np

sesqun iudt closéd, wes #46, 07T. ércises. Prayer rheeti

heve JoOw: ee timé pee-' Not afoot of vaceat room was left u8- b bal

tor ufithe Fied: Baptist Chargl, Coving-| occupied... The ogession and the circum- number is x excess of any formét | aca- exclusively, are keh

ae ton, died 9 Fallon's Stat on, HIL,} 0 , atonoeg. werg such thetve great: epcecn taba phat AG 37-88. mbich rhe % tithe
|| few. days ag. The, St Loyis Rape Pl sik

be

ees,

/ itea’. oon ‘learning of the doceseed.

} he was “glad ath were not going to ba

can-prys 6 merited tribute: to the pie i

eonen Sarees

The extseuilipenaky of ithe law
inflicted upon the segro bay Jer in
epdaly, on Feiday: of last week.

sant, .T
Kind. Jae, on. being conducted to
place of efe_w'ion, simply remarked 4

him." ; -

sare leara that Jao. A -Wittra&
¥squlaie editor and proprietor of the Win,
chester Chronicle, is engaged on one of the
passenger trains of the Kentucky Central
Railroad. Mez Wiytrans possesses @ ver
favorable acquaintance with the people
the interior, atnl the employment of such,
men on the road will certeinly redoand tb

hs profit.

ee

peer cee ee

9 An efuit will be mace ny take up

the Senate Kansas bill in ala House o
_ Thoreday. next.

4
+
}

o:

-
3
¥

OP ey Re ee

?

13

sendy by the. {hh of June... Pwo loco

eetne Paduealy (Ky.) un hao ‘beod!

discuatinued for watt of payromege,
_— OOO

W. 21, Gentry is ‘about té start a new
Democratic paper at Mopkiney Ile, Ky}}

* ville Retlroed have been purchased and .

will be delivered at Nasliville'oa the fire
Qf April. (A sufficient quantity of iron
to Gish the’ reed. to Qallatin® will bq!

instives aad care’ are wleo- to be ready
a the fat of next ffay.
pp eeingpemmeets net

we A eualli Denweratic county con

is wes expected from Me. Dovgias:> vis sam

manifest be dil. pot ci me up to the
| pectatioff.” lie iinese. may have
' the esuse of the failure, of his effort di
‘have suffered by” cemparison® With the;

‘to
“{ Nevertheless, Mr. Douglas made s goad! "

_apeech—he could rot make.a rie onp. 4 ays foot $9588 box: Thoreware pa °
* Mr. Douglas’ contended that the whofe, wane epee ere! sd eae
Ecawioe turned: wpon the fact, as {o ig ag hare (1065-6 ae
‘whether or nog the p-ople have hed nein brani. Thc ut eee ©
| te expression of their will in ‘the: 1:!
‘compton Constiiution.: At the election
<1) the 21st of December 6,000° vetes!
“(twoethicds of which were: fraudulent),
voted’ for the’ constitation,- At the 4h}
* of January election 10,000 votes wore rt- -
* corded against it. Thit wos bridende | 5
to his miud, tbat the. Lecompton consti- |
tation is not ao expression of the wi.l pf;
the peopl. Im conclusion, Mr. Doug-?
‘Jas defi@l: the: Adminietration, and pro-:
ie'aimed his inddpendenca of ‘party.’

Mr. Toombs,ef G+, niade a bitter speech
lin reply to. Dovepas, characterising the.
igentlemen who vo'e with Douglas as ny-
j poerites; é&c. Mr, Steant, of Michi-
| gen,. rebuked Mr. Toombs for his person-; Jt
alitice. At’ this point the Senate: ad-
journed,

}

j week: the Lt tun up 0287; the

‘ operations cjosed Jan. 30 at $5.97}. T
The season of 1s0s-7 opened Nu

1 86 25. This price run down; until

‘close ofthe seasen, Jan. 2, the price at:
“vanced until it reached 87 25. |
The season of 1857-8 commenced

vance of 10 cents during the fist week.

‘gradually deelining, until: Jao, 13 when sr.

Feb. 20 at 86, though two defs prior it

tinted the constitwion, “No legel = tended by: large ond deepty igterested |
‘dence exists to show thet the sees n, congregations. . Quite « numbed of per: ;

the people: W € catnot tehe ying r@- tion by. going forward and aching an In: |

. more ond -the df inions of Cbovernors 40 terost in the prayers of Gud's people.—
residence. “All legal forms having bern Rumo 19° ur 22 have been adited to; the
complied with, in = comp's ig the Li . church. fa additivn to the exctcises at
“compton. constitution, it-was a couy let- wight, a prayer meeting is heb eve i al;
vod enactinent, and the * people. had o ‘ternoon at 4 o't lock,

veatton held in Barren county on the:

15th inst., endorsed Buchanan's position
‘on the. Leoompton cons.itutiva. "The
‘ Demooracy of Barsen have more oftha
orticle bnone im the palitical world a4

wre o of Ken

[right ta vote wanes of nut it win a co 4 AC the John’s Baptist church an fatereet:
stitution,” ‘ing work hae bean guing on for several |
Mr. Crittenden sshd that Le would: agt weeks. ‘The church ‘has been greatly

Se Seren

"¢

were beptised.—-The

wee os low as 65 92. The: price | aes
egain advanced, and; the see son) éldsed ‘hyith their lives.

4 adit lan thi

ia Bowling Gree

also made large soc
congregations.

ka The barn 2

LNov. 10+ €5 50. - In the coume: of 81 WW; Lindsey, of Bp

pred: | destroyed by fire o
‘pally declined until: Jan. 4, when} it ia} The stock was all »
iquoted at 5 10. It-again advan¢ and |of provender consu

he Gge is suppos¢

4 Jan incendiary.

~~ gag” The residents

[Xev. 24-0n which day @5 GU was the} leg) in Woodord c
‘average price, Fron that day, till the by fire on Jast Wee
ing wasa very b
mount of the logs
tione!. The fire i
‘ Nov. 19 at 86 60.. There: was an ad- result of accidest.

pa The dwelli

After that the price fluctu sted. | thottsh fin Frat Abn county

ound on lest Su
‘The inmag

pay Tre Lafay

'
oo) > } f
a set ibd tn: idee: aa sp ticins ; Onthe 24th, Mr, Gacey, of Misiouli: Lee . etnies fae roles a ee le, ah Set 8 Sloan
4 ie: dees to; lied to Doreras, Stuart aad Carp.) | +, he RAlgions Movement Is ral ngten. 5 WV" ry fixe 8 few days
{ The Gathutig Examiarr nays that 16,4: rexpex.. Ile con’ende! that, sdmitt: hi At. "the, Firat sptist Church,) Soprih | Bar Carter ae
-000 tons of iron fur the Louisville & Nash}. Traude did eaist there were none thai vi- s'rcet, ncesiigs ata held nightlyjandeat- ; bhp tee: tit
a3, were fol

Stack Board on 3

Bao Oo Turstn

conatitution does not embarty the will (f' rims have maniesed. a devive for’ salva:
RR. Pits, of Scot

sbarn ant ell ins
re portion ef iwe

buartity of salt, by
ro. WaNCR <oules
tro on five, em
farted Suath werd:
pe duo. Trash
allkry in Louisvil
onsidecable anou

‘re-open the cebate, but make an exp! aa + Lexsed, ‘and a umber taken inty mem:
tiou that his sin'ements Were mn le froay berahip There ie aleo a diily iprayer
“meoting held at this chureliy

ie oranges off t!
sectite’y of a lit
A

ae ee


If you had stood on the bluff at the rear of the Fort Thomas Military
Post overlooking the Ohio River Vailey in 1894, this is the impressive
scene you would have witnessed. Off to the right you would see the
Kinney Mansion, now Carmel Manor, but called by many Fort Thomas
youngsters the haunted house.

that direction, with the reaulé that Col) Melville A. Coch-

ran, commander at the post, immediately initiated an

intensive investigation of his troops and offered their as-

sistance in scouring the area for clues.

When it was ascertained that the severing of the head
required. some medical training, even doctors and medical
‘students. were under suspicion, including Dr. L. L. Ross,
Sr. who lived near where the murder occurred and whose

“son and grandson have both served as mayor of Fort
«Thomas. © : : : :

3

It is said that for months later the streetcars did ex-
cellent business and thousands of people who had scarcely
heard of Fort Thomas before suddenly became aware of
the community in the Campbell County highlands. It is
not known whether this, coupled with the extensive and

detailed accounts in the newspapers, contributed to the
growth of Fort Thomas. However, it is not the sort of
publicity that normally encourages residential development.

The attitude of the community towards the military
post was a mixed one, depending largely upon whether it
was viewed from afar off or from close proximity and by
whom.

The post in the 1880’s became a social center and the
entertainment and dances given by the officers were at-
tended by the well-to-do of the surrounding cities. Thou-
sands of persons on Sundays made the trip across the river
on the ferries to witness the regular inspection and dress
parade that was a particularly sparkling event because of
the gold braid ‘and tinsel. The post was never without a
crack military band and they gave weekly concerts.

On the other hand, there were numerous reports of
altercation and boisterous activities in the area known as
the Midway, where the enlisted men held their own social

“events. In 1898 Thomas Jolly resigned as chief of police
- over a disagreement with the Board of Trustees over the

conduct of saloons operating there. This trouble continued
through 1901 and resumed with each succeeding war when
the post facilities were manned to capacity.

At about the same time at the opposite end of town
some citizens were making plans for some of their own

bet 2 ae
re -“ a
sc ae ONE

Se OS RN,

An imposing square white brick house on the corner of Warren Court
and South Fort Thomas Avenue was built by George Morin in about
1853. It later was owned by J. B. Lock, who owned most of the land
in the triangular area from Grandview Avenue to Alexandria Pike. It
was on this land that the headless body of Pearl Bryan was found in
the early 1900s.

extracurricular activities. During Christmas dinner in 1900
at the home of Judge Charles J. Helm, whom we. men-
tioned earlier in conjunction with the Walling-Jackson
trial, the subject of golf was discussed. Among those in-
*“terested were our Major Bigstaff, for whom opportunity
seemed to be constantly knockings a Judge Hodge and
two of the Helm boys, Webster and William.

This pond occupied the current site of one of Fort Thomas’ most
attractive subdivisions containing Orchard Hill Raad and Meadow Lane.

Photo taken in about 1890.

This page sponsored by: Rifkin’s—The Home of Good Shoes e St. Stephen Cemetery

~;


Pe BRUNA, PEARL - -MU2DEZ
| fem: Er Thomo, (1 HISTCRO,,, ITS HERITAGE, 6T =BY PUL KNAPP

“enlarged. “The city embarked upon its first bond issue. On
' January 3,

1885, the building was opened publicly and
dedicated. :

In every sense it was a community center: The land
outside was rented for pasture; a public cistern was dug;
new hitching posts were erected; the pound was placed in
the southeast corner.

_ At this time Mt. Pleasant and Mt. Vernon Schools
were sold to buy desks to furnish the school rooms in the
building. The room in which the City Council was to
meet for almost 82 years, until the building’s destruction
in the Spring of 1967, was a true community meeting
place. In this hall, roller skating was permitted at a small
fee and ladies of the neighborhood held their festivals
‘there. Around this building wove all civic, social, political
and educational activities of the community and the de-
cisions made there have contributed immeasureably to the
growth and stature of Fort Thomas. On this site will be
built a new structure which will certainly have the same
effect upon generations yet to come.

Among the early decisions made here was the re-
incorporation of the District in 1885. In 1886, for the first
time, two tickets ran for election to the Board of Trustees,

. the People’s Ticket and The Open Book Ticket. It was an

interesting and controversial political era, particularly
with the groundwork being laid for the purchase of 112
acres of prime land upon which the military post of Fort
Thomas would soon appear, bringing with it new oppor-
tunities as well as problems.

It was during this period that many of the major’

improvements were made in city facilities. Board ° side-
walks were installed on both sides of Highland Avenue
and the main business area of North and South Fort
Thomas Avenues and these were later replaced by cinder
sidewalks.

In 1886 the City of Covington started to build its water
works plant and reservoirs in Fort Thomas, obliterating
the remains of the Phil Kearney Battery constructed there
during the Civil War.

March 7, 1888, saw the chartering of the Grand Avenue
Turnpike Company from Newport to Fort Thomas, one of
the incorporators being Samuel Bigstaff, one of the original
owners of property on which the army post was being
constructed and who played a big part in its sale to the
Government.

In 1891 the State started the ball rolling toward the
eventual dissolvement of the District and the establishment
prohibiting the district arrangements and
setting five classes of cities in its stead. The Disirict was
placed in a sixth class and remained as such for another
23 years before qualifying for designation as a city.

Prior to the establishment of a high school in the
District, most education at this level was obtained at the
old Newport Academy which was established in 1798 on
the southern end of Newport near the District boundary.
However, this boarding school was only for boys.

The first postoffice was established in Fort Thomas in
1892 near the military post, and this perhaps had more
effect upon the naming of the community Fort Thomas
than any other factor. Once the military post was opened

of a city, by

and named, the official address for anyone receiving their

This page sponsored by: Your Fort Thomas Kroger Store

mail through this postoffice was Fort Thomas P.O., New-
port, Kentucky. Any mail addressed to Highlands, Ken-
tucky, was destined for the dead letter office. More will be
said on the postoffice subject later. soe

Astute businessmen of the community, looking ahead
to the effect of the military post on the community,
chartered the Highland Park Land Company in 1891 to
erect a double-track street railway line to Fort Thomas.

Within a year rights-of-way were dedicated and set
apart for the construction from Newport, tying in with
tracks already installed from Cincinnati to Newport. The
tracks were laid in sections because of legal disputes over
the rights-of-way. It was first brought to Dixie Place, then

to Bivouac Avenue, then to the tower at the post and
finally to its final terminus near the end of South Fort
Thomas Avenue. From there a single-track ‘“‘dinkie” op-
erated to Highland Heights. By February, 1894, about the
time the army post was completed, The C. N. & C. was
regularly operating to and from Fort Thomas.

At this time the Board of Trustees prepared a resolu-
tion which praised the firm: ‘For the splendid service
they are giving to the public. The cars are elegant, well
lighted and heated, and the employees are accommodating
and polite.” However, a resolution to exempt the company
from five years’ taxation was found to be illegal.

The new line not only hauled passengers but freight.
It is interesting to note that on a complaint, Major Bigstaff,
general manager of C. N. & C. and entrepreneur of the
military fort! as mentioned earlier, agreed to haul freight
after midnight and before dawn so as not to frighten
horses. Also, he agreed that straw would be used in the
Winter on the floors of the cars for additional comfort.

And thus quicker and easier transportation brought the.
District even closer to the metropolitan area and lead to
an even more rapid population growth. This is borne out
by the map of the District in 1898*which shows that most
of the streets were already in position except for those
subdivisions that resulted from the post-World War II ex-
pansion.

Perhaps the most startling excitement and bizarre ex-
perience in the history of Fort Thomas occurred on Jan-
uary 31, 1896, when in a field not far from the end of the
car line in the orchard of J. B. Lock near Grandview
Avenue was found the decapitated body of a woman. It
startled and shocked the entire county and received na-
tion-wide publicity and was even immortalized in a folk
song, the Ballad of Pearl Bryan.

It was the discovery of identity of the body as well as
the murderers by Cal Crim whicn paved the way « ils
successful career as a detective. The head was never found
and a year later two young dental students by the name
of Scott Jackson and Alonzo Walling were tried and
hanged in the Newport Courthouse yard, although never
confessing their guilt. They each blamed the other. This
double hanging marked the last time that Campbell County
meted out such capital punishment. Judge Charles J.
Helm, a resident of Fort Thomas, presided over the trial.

Prior to the time that the culprits Were apprehended
and brought to trial there was much agitation locally. The
proximity of the murder so close to the Fort Thomas
military post immediately caused aspersions to be cast in

flee - one from Brooksville and one from
 Paxington. ;

For. Scott. Jackson theie W&s no:!''

“hope of a reprieve, The 26-year-old

Tay

h Alonza Walling. hiss We det

Mt, Carmel, MAG. 4, ‘
~ He was described as 6 feet, 9 isiches

ee ~ tall, ‘with dark hair and hazel,cyes ,
: “ander. heavy eyebrows shat iyeatud
re rae Wy 3) oxte ,
‘ave ote Walling ‘was cdhaidecol a stolid ee
ee ‘yan a morose character with “little
‘}!sforce of character, which made him
eoalk the more the pliant tool of Jack-. ye
es -Soi. me 4 :
¢ ert The governor: had informed New: aprstccting when Jackson visited Greon- ra
: ort: Sheriff Jule Plummer that If}

‘Jackson made a full confession on

‘|: the gallows, including where Miss*.
|) Bryan’s head could be found, the ;
; |}, governor would spare Walling. ©

ait As they.stood on the gallows, ”'

“Plummer asked Jackson if he had
‘janything to say before he was Racca
ved. Jackson'said he did.’:*: | ,

state. nee ‘ it

anithe. sea captain and had traveled
extensively by the time he was,.a teen- *'

yf) BEEK, When his father died, he moved
“with tis mother to Jersey City, N.J.,' i‘) Thomas on his way to work at the

«and took a job with, the Founsylyents i;
-Ratlroad Cow *:?

“HIS boss was charged with empbez-;:

aa (Ct, Pealtuar several thousand dollars and al-
 |though Jackson was never charged: *;
“i 1,with anything, he lost ‘his job and):

‘ |}. Jaten his mother coed te Aa Greencas-

‘He, Ind. <
JoTt was while "plaiting his miathog' in

je hy, 4! "489 that Jackson met Miss Bryan.”

oR red Ke who. lived near Greener?
; Hles., ey tah

if shies Bryan was described. as a.
; “ugunday-s school and church worker, .’
“sprightly and vivacious and a social :
“favorite in her home.” She had ‘

+, Shaded to,auburn, a pretty face, the. '

se “almost flawless complerion of an uns.
hi “Spoiled, country girl.” sh
Vea pe “Jackson and Miss Bren 3 were:

“introduced by her second cousin, Will‘:

Bae 8 bag ght Pit t

ni Ses 1

i, native of Maine was described by
ike) 'hy Newspaper accounts as 5 feet, 6 inches °
\.{! tall, blond complextoned, with’ cold,
| glittering steel-gray eyes.’ ry See ae
There was no hope for him be- |;
, 3,.|;' cause he was considered the master- s

yy a » mind of the murder, , ss *)

“. There was hape, however, for vy

Walling was a al-yent-old native of

;“«!' Jackson and Walling | had come to i .. She arrived by train at Cintin: .

this L peut: Mprough: several twists of ‘

ee ackson was ‘the: ‘son i of a trans até

“bright blue eyes, blond hair: thati>

-'Woods, cand ‘bhey became, friends, :

. Alonzo Walling was |.
described as feet, -
-.9 inches tall, with.
dark hair and hazel .- ve
“eyes under heavy |
‘;eyebrows that’. fate
° most met. Walling ’:*

character with little ©
: force of character,
- which made him all
. the more the pliant
_ tool of Jackson.’ pak

Bryan was ; *

" was considered a es ~ Wo
Stolid and morose | a

" gantepae BOUNTY PUBLIC LiMn “uns oiled, country rll

, we Scott Jackson, a 28-°

. ribed as a ie ae year-old native of -
_, _wunday-school and «lweaMaine, was. 0! oy
Pa ‘es church woiker; ig a mah Vides scribed by tae
* sprightly and : ree at mewspa er a ccouns 2
“. vivacious and a. tea ik ‘as S feet, Ginches « . .
social favorite in her. RO fall, blond 6 v4 me

. home.’ She had :: ‘Gomplexioned; with

- ‘bright blue eyes, * by ‘¢old, glittering steel.

- blond hair that “oe gray eyes. There ie
shaded to auburn, a ‘4wWas ho hope for him
_" pretty-face; the -:) >: sat . because he was. = *
almost flawless ne MY {considered the 2 es.
“comp! exion of an... “ee mastermind of hiss i

; “si murder.. pat tee ee
oft hr SARE a ket ae

‘castle. That relationship changed in”:

; the summer of 1895 and after J ackson

“made a discovery.”

ot: She confided in Woods, who wrote :

. Jackson.’

at: Sachsen: wrote back to Woods and
told him “to tell the girl to cone bs
. Cincinnati.’ cai Lar a

nati’s Grand Central Station on ,
iy ,; Tuesday night, Jan, 28, 1898. ° “4

Two days later, on a cold, dies,

foggy morning, John Hewling was’

cutting across a field at Highland .,
; Avenue and Alexandria Pike in Ft. :

‘farm of Col. John Lock. :

“of ¥ As he walked along a satin he ;
' spotted a woman lying on the ground.

: “T didn’t know if she was drunk or .

“women from the town used to come
out there with the soldiers from the

. post. It was a lonely spot and they
«often used it for a trysting place. We

‘| had to run lots of women out of there ©
She was the daughter of a well- to-!": 3

: «He told'nis employer about the

: who were drunk.”

‘woman, and a nearby deputy sevenitt
was asked to look into iIt..

‘The deputy sheriff and some
“others, including Coroner Bob Ting-
ley, went out to the spot and found
‘Indications of a struggle and a pool of
\,, blood at the woman’s feet. *

A body, the dress, which had been pull-
*.ed up overthe top of the body, slid
, down revealing that woman’s
head had — cut off. ;

left: for Cincinnatl, — Bryant '

Newport where an autopsy was per-'. a i :
‘formed. It was then sinachb ph that? 13)
the ‘woman was pregnant.

dead,” Hewling said later. “Lots of
, day after Jackson ‘accused him of -

‘woman to make it look as if she had © ‘
i Mi 244. The two'men ‘remedied in} jail

When Tingley turned over: ‘as

turned to getting the two men to con- |;
» fess’ and reveal the location of the: y ions the condemned men were de-

aan. Se

Sy. Ke

A gonret tue made of the suirerpheyeuan’s head. gee |
Tounding area for the head, without ‘;3..' Police even took Jackson and
‘success. Bloodhounds were brought... i ‘Walling to the funeral home where
out. They trailed the scent from the 3. the woman was laid out in her high
scene to the Covington water reser-. school graduation dress. Miss Bryan’s
voir in Ft. Thomas. The reservoir was , ip, Sister begged them to tell the location
later drained, but no head was found. | ae fre lies maintained
on, an attitude
The body meanwhile was ‘taken to” ‘vythroughout separate trials. .

“to May 14. 4

“4 It. was during ‘nis trial that medi-
“Bal experts testificd that they bellev-
Led — based on the amount and loca-

‘manufacturer’s number in one of her: “ston of the blood — that the woman

- shoes..The number led police first to... W@S alive during part of the decapita-

the. manufacturer, then toa Green- *#0On. 5

,castle shoe store and then to Miss. j\"‘Despite Jackson’s continual in-

' Bryan’ 8 family. Ps eee ce

. Jackson was’ ‘arrested that same.
evening after police’ learned of-the the Be was dead before she,was

letters between Wood and Jackson. See Koga
Walling’ was arrested the following’ AB:

,Cocaine.
“was found in her stomach,” - -

:
“The. body.was identified as Miss”
‘Bryam four days later through a’

panes to a Walling, after a trial
h ' at Jasted from May 20 to June, 18,
care aaetend pbc gee Walling; he received a similar sentence: * :
Jackson had first met Walling Police protection, both in uniform
while the two were: going to dental
- school in Indiana, but thelr friend- i! Tumors that’ the two men, would be
ship didn’t really develop until they...
met again'in Cincinnatie|). 30° #9". ate
ld pol ary
ovigimatiy axe nun & comet aa. ‘ great that when a jail break occurred
abortion ‘on Miss Bryan, but later: *
‘Jackson talked about poisoning the ,;

Jackson and Watling remained in
‘ their cells. faa
» committed suicide...
On Feb. 13, Walling and. Jackson i
-were indicted for murder. :
Most of the police effort then® i

‘until March ‘20, 1897, when, all their
appeals and continuances at 9 ex-
> Plred.:!

<A, crowd gathered early that day

‘of the head, but they showed noemo- © 725 '

Jackson’ 8 trial lasted from April 21
: "turns

“word

 sistence that he was innocent, his de- °
y:\fense centered on trying to prove that.

Jackson was found guilty and. sen-, .

3 ‘and undercover, was heavy because of °
dents. by angry relatives and resi- 2 ss
iThe threat ot a ienehine- was a

‘while they were being held there, .”

pelic- Ce ita SUCiA WOLK,
The exec was set for 9 a.m.,
but ot thr lutes to 9 Jackson
_askec to tal the minister in at-

tends nce and, after doing so, Jackson

+ told the deputies he had a statement

to moke about Walling. He then said,
“I kn \w that Alonzo M. Walling is not
guilt of murder.” —

That message wag quickly tele-

< graf ied to Gov. Wiljiam O. Bradley.
' The governor the ene bacle that

More details of the erime were need-

ed.
The hanging was ptit on hold and
Jackson was requestioned and then
‘left -idne*to think things over for a
few ‘ainutes. When they returned
Jacion said he had “nothing fur-
ther to say and the double execution
“was -rdered to continue.
xe gallows were checked again,
— 11:32 the march to the gallows
‘ bege rn. ;

Jockson was described on the gal-

'< lows as standing erect and playing
the pert of an actor. Walling was de-
scribed as trembling ings his eyes
dow cast.

I. was at that point that Jackson
Mv \sked if he had ‘anything further
SAY y.

'- An eyewitness said, ‘Jackson
hestitated fully two moments before
he replied. Before he spoke Walling
d expectantly, evidently heliev-
ing that Jackson ‘would speak the
; which. would save his life, even

whiic he thus stood on the brink of
‘death. Walling had turned half

’ around and he stood in that position

with an appealing expression on his
face, while Jackson, without looking
at him, upturned his eyes and replied
‘I have only this to say, that Iam not
guilty of the crime for which I am
_now racer: to pay the pee of
t my life, >”
Walling was then asked if he had
any comments. :

. He said, “Nothing — only that you
are taking the life of an innocent
man, and I call upon my God, to wit-
ness the truth of whatI say.” —

At 11:40 a.m. the trap doors opened.

“The two men fell five feet, eight

inches before the ropes went taut and
their necks were snapped...’

.(Editor’s note: Pieces of the Past 1s

.@ new column of Thé Kentucky Post

that focuses on northern Kentucky's

_ history.‘Information for this story is

courtesy of the Kenton County Public

. Library, The. study of northern Ken-

tucky’s history is an avocation of re-
porter Jim Reis, who regularly covers
suburban Kenton County.) ~

as

Ta EERO ST


ee Ee JOHN. F. PEARSON = mois

rate <M vor SEVERAL minutes the small, slightly shotpod sommcix the
';  ** doorway watched the questioning. He wasn’t listening so much
? tae as looking, raking his inquisitive eyes over the woman who
p=. =~ = poured out denials that she was a shoplifter.
: “Wait a minute,” the man at the door said. He walked to
; the woman and told her to stand up. His voice had a ring of
& ;—. =~ authority that made her bounce to her feet. He grabbed her
: skirt and pulled it up, revealing something more than a pretty
“=pair of knees: a cloth bag, suspended from her waist. In
~ another minute a secretary was taking down the woman’s
-...<._ tearful confession.
This scene took place recently in the offices of the Cal
= ; = Crim Detective Bureau in Cincinnati, O. The man with the
( 58 = oe hand was 2 oe ewes himself, a Daten detective who’s

been making it tough going for criminals ever since 1886.

When Crim told me about the incident, he explained, “I
knew what the trick was when I saw that slit in her skirt.
That’s the way she would slip stuff into the bag.” He smiled.
“You learn something every day in this business.”

Crim started the agency in 1914, when he retired as chief of
Cincinnati’s detectives. Today, according to him, it is the
largest private detective bureau in the country. The main office
alone employs 85 investigators. In addition, there is a large
uniformed force that guards stores, defense plants, banks, ball
parks and racetracks.

“You can hardly go to a place in town which doesn’t have
one of my signs outside which says it’s protected by me,” Crim
explained. “I started that soon after I went into business for

and I gave them the answer: fear, publicity,”

notoriety and exposure. And I added, “You
can bet the yellow dogs around the streets
know Cal Crim.’” > =

The_ businessmen agreed he “had some-_
thins; there. Cal had 100 signs made up and —
got rid of all of them. The latest order of -
@ wlates made by the agency hit 50,000.

That’s due to Crim’s impressive record—
when he retired he had more arrests to his
credit than any other man on the Cincinnati
force—and -to his equally amazing life.

“Not bad for a kid who arrived barefoot
in Cincinnati at the age of 15,” he told me.
in a matter-of-fact way..“That was back in”
79. I-ran away from home im’ Maryland to-
see my sister. Well, the day before I left,
my father bought me a new pair of shoes—
they were tight and hurt like blazes.~So,
eee See ee eee
I took them off, tied the laces together and
hung> oon around. my neck. Somewhere
along the line they got untied and fell off:
Had to walk. four miles in my bare feet—
my sister lived at the opposite end of town
—and it. was as hot as hell.” :

Tn the following years he made 2 living

~bootbia

Most ‘Celebrated Cas

.“Never forget that first aaht™ he oar
now. “It was cold and blustery. And hell,
I didn’t know the first. thing about what
cops did.” +

Cal became a detective two yeni Lege
promotion he rated because he wasn’t ‘
dead-copper, was always hustling, ” and cot
his most celebrated case in 1896. That was

_the- murder of Pearl Bryan.

Crim and another detective were as-
signed to the case when a call for help came
in from a Kentucky sheriff. Just across
the Ohio River, near Newport, a young
“woman’s headless body-was found in a
country lane. The killer had done a- pretty
good job of covering up her identity—no
purse, no papers, no head. ;

Crim decided their best bet was her
shoes, which contained manufacturer’s num-
bers and were of an unusually small size.

The coroner gave Crim the probable
Motive: the girl—she was about 21—was
five months’ pregnant.

Crim traced the shoes to a firm in Ports-
mouth, O., and there was told they were
part of a shipment to a store in Green-
castle, Ind. Identification was quickly made;
they had been sold to a local girl named
Pearl Bryan. She apparently had gone to
Cincinnati to be married.

: Crim returned to Cincinnati, traced the
girl to a hotel called the Indiana House and
learned that she had beén seen in a nearby
saloon on the day of the murder. With her
were two’ dental students, Scott Jackson
and Alonzo Wailing.

h They were oy ed and Jackson admitted
© was responsible for Pearl’s pregnancy but
claimed Walling had killed her. Walling,
on the other hand, said he had gone home
>to bed that night.

€

important criminals he had caught. “There
-were a lot of big ones. Walling and Jackson,
of course. Safe crackers like Doc Mellet—
picked him up for Arg. postal. authorities.
Henry oe as slick

con man as there

d that in ies days he,
along with other outstanding detectives,

a

. “The time I arrested ‘Foley~ the

A2W= =
DOV PD LE
Psp er
tOR ¢
wSsOO Od H
toOR an &
MOR che ©
Od « e
i
=
OD
~e)

% NOSMOVE

“That was in 1901 when I was as-

sistant detective. chief. I was turning him

around to frisk him when he suddenly fired -

two shots into my side. Both entered the
same hole. One came out at the left shoul-
der, the other pierced a lung and lodged in

my back. It’s still there somewhere. Funny —
thing, I learned later that Foley was on his-
way to shoot another man when i stopped:

him.”

~ were requested at all large affairs.

¢ Continued On ‘page 15)

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De fos ence es ed
tive necessary te get the training that

- wilt help you serve your country best?

If you have, you can learn at home in”

-your spare time from the International

,Correspondence Schools. The coupon will -
start you on your way.” ~ = ae

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‘ JENNINGS, Sam, black hanged Hardinsburg, KY, June 17, 1932.

GEORGE C.’ WRIGHT:

Racial Violence in Kentucky

1
- 1865-1940
| Lynchings, Mob Rule, and “Legal Lynchings”
Hi :
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; LOUISIANA STATE UNIVERSITY PRESS
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Seg pnae

Be re ee Taylor, Orville Walters.
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ir nd copied
‘oe. the Rio
‘ rate of several
‘'r control of an
ss than eighteen
Texas and most
rmed the slaves,
rays against the
imber of Arkan-
ion of the num-
e been an inter-
isas and Texas

n accord; some
Negroes, or In-
_ Negro-stealing
y in their news-
ssible to deter-
ven slave. Ar-
§, and although
sno large num-

is from five to
n un away
 Weeffect pre-
if other types:
he slave to his
a fine ranging
e, receive fifty
for two years
w on his back
mplex penalty,
© confinement
‘rse and mule
mn was found.

od
pape

3

“e

...@ Saucy set of Negroes... .” ‘gal

“Negro-running”—stealing slaves in connivance with the
slaves themselves—usually operated in one of two ways, or a
combination of the two. Under one system the thief influenced
strange slaves to abscond with him by promise of freedom or
money, and under the other the thief and the slave performed as a
sort of team, the slave being alternately sold and stolen in various
parts of the country. Part of a long and rambling confession
made by Thomas Jefferson Jenkins, a Choctaw Indian, prior to
his execution for murder at Paducah, Kentucky, in 1856 illustrates
the use of the first system:

I went from [Fort Smith] to Van Buren, and stopped there with
a man of color named Bush—he had a store there. I forged a note
on a man by the name of Samson, of Shreveport; I sold it for one
hundred dollars to Bush. I gambled and finally lost all my ill-gotten
gains. Bush and myself had some conversation, he persuaded me to
quit gaming and go out and stay with Mr. Hicks, a very fine man,
that lived some thirty miles from Van Buren, I told them I had lost a
pony off a boat and was looking for my pony, I asked for Mr. Hicks,
made out I was well-acquainted with him, and told the people of
Ozark I was going to farm it with Mr. Hicks, who lived in what is
called McLane’s Bottom. I fulfilled my word, I was employed by Mr.
Hicks, but it was not my intention to stay with him; I stayed about
nineteen days, and then hired myself to Spear Titsworth. During
my stay in that neighborhood I became acquainted with all the negroes
in the settlement and persuaded them to leave their masters—wrote
many of them passes, and gave some of them free papers, the form of
which I got from a free man by the name of Abraham, and he got
them from a traveler who was trading in horses, and on his way to
Texas. One night during the time the Masons held their meeting, I
took three Negro men, one woman and the horses, and left. I went
to Ozark, but thought it not safe to remain there; I went to Ft.
Smith—told them they were my father’s negroes, but I was detected
by them knowing one of Spear Titsworth’s negroes by the name of
Abraham, a son of the free man I spoke of, I told them my father
bought the negroes but was not believed. I endeavored’ to make my
escape, but was overtaken and carried back to McLane’s Bottom—had
my trial, I was removed to Ozark jail. Hicks and Titsworth prose-
cuted me; during the time I was in jail to await my trial, a man by
the name of Converse Crooks, was put in for committing rape. He
and I broke jail, crossed the river [and left the state] .57

True Democrat, Feb. 3, 1857.

FRPP Te

PT Ee

We erro eee

ACR eg Serer

a

y/

"Callaway County, Kentucky, Tues., Auge 12, 1856,

"To #he Editor of the New York Daily Times:
"We have it here on good authority - by a gentleman of respectability and veracity from the
section of the country itself - thatone of the most curel and diabolical murders ever per-=
petrated in a civilized county - one that has but few parallels in the annals of crime -
was recently committed not far from Paducah, in this part of the State, It was by a
colored man, part negro and ‘part Indian, and perpetrated on a little girl about 1l years
of agee He met with her alone in a path or by-road leading through the woods, on her way
to school, and conceived, it seems, a violation of her person, He took her into the woods
from the path or road where he met her, choking her to prevent her screams from being heard,
and not finding her of age sufficient, he used a knife! He then choked her to death, beat
her skull in and ripped her open with the knife so as to let her bowels out{ After thus
murdering her he covered her body with leaves and brush, and returned to a mill in the
neighborhood, where he had been employed at work, Being smeared with blood, he was asked 1:
he had been engaged in a fight, and replied in the affirmative. He soon left, and was maki)
his escape towards the South, when he was overtaken and caught near Mayfield, Ky, Search
being made for the girl, her body was found, mangled and treated as above, by meats of a
bonnet string pulled offin choking her, which served as a clue by which they found the plac:
where he had secreted it. These are the circumstances as detailed by the gentleman above |

' ¥eferred to, and as from other sources,
"The whole country where they transpired is said to be in a state of intense excitement,
The people had taken the miserable culprit to the place of murder, and had him chained to a
tree, with the intention of executing summary vengeance upon him, About 3,000 persons had
assembled at the place, of whom some 500 were keeping guard around him. Their intention is
to burn him to death at the place, and today, Tuesday, Auge 12, is the day fixed upon by
them for his execution,
"Some of the most influential, intelligent and respectable citizens of Paducah and the
country had been endeavoring to dissuade the crowd from their purpose, and to let the
law take its course with the culprit, who wuld be certain to be dealt with to its
utmost extent and with its greatest vigor; but so far their efforts have been unavailing,
the infuriatedp eople being determined upon burning him to death}
"While such culprits should suffer the severest penalties of the law, it is to be regretted
that it cannbt take its course. Mob law, executed under the sentence of Judge Lynch, is
always to be regretted, however aggravating may be the circumstances of a case, And it is
to be lamented, and is oneof the evil and ominous signs of the times, that mob law is on
theincrease in our country} Every good citizen should exert himself to put a stop to it.
The sequel to this awful tragedy you w1l hear before long, (Siened) Civise
"P. S, Since writing the preceding I have been informed that the people have been dis-
suaded from their purpose of burning the culprit and have concluded to let the law take
its course with him C,"
NEW YORK DAILY TIMSS, New York City,8-28-1856 (2-6)

ARIZONA

eveeluary ais ooO Fm wrec Sab WE LTO Cae Tene bse W Sua fetesct

Groceries and Provisions,
8 fully assorted and well selected, consisting of

“axoy Goops, Crormma, Lapres’ arp Gent's Forsismina Goons,
aod Poys Hats, Boors axp Snoxs, Hanpwannr, QuEENSWALE,
_ Woopsxwarx and Wrimvow- Wage,

artridges, Theronlinnovs inerense ef our trade is sufficient guar-
poblic is folly contineed of our fair and honest dealings. Goods are de-
tand all softbe town freeof charge. Caxnxp Goons of all kinds,

:rved Fruita and Jellies, Soaps and a Attuched to our store

lass BAKERY, conducted by a No. 1 baker. ers promptly ‘filled.
Aso RMiedicines.

: Beoond Bts, YUMA, ARIZONA

fou Want

AN ELEGANT BRAND NEW

Ladie’s Sterling

ur Wife, Sister, Mother or Sweet-
heart 7 Yes!

*

THEN GO TO ,

IFF & JOHNSON'S BICYCLE EMPORIUM

x0! ison ethibition and buy a ticket fur any prico from 1 cent to
$1.50, just as you chose,

ORNNORFF & JOHNSON.

1as Hughes HardwareCo

y Hardware, |

rajimplements, oeoece
Ons and Paints. } swowowcce
ce Plumbing and Sheet Iron
cond Work, Buckeye Mowing
7 Machines and Rakes.

1 Mills in the World

DAILY STAR Augus’

Wiss Gp Peri ge

Yuma aod Tneson divis:ous, wits
quarters at Tuoson, Ho sneoeade J. 5.
Noble, who has beon appointed cuper-
intendent of the Shasta division. Mr.
Noble suoteeds Hi. Cooley, who has re-
signed on scoount of ill health.

1 head.

A Railroad Official Killed.

Saw Digco, Aug. 21.—T. G. Long-
bhoro, agent of the Southern Catifornia
railroad at Encinitas, wes run over by
an engine today and fatally injured.
He died this evening.

Was Not Durrant’s Kale.

San Francrsoo, Aug. 21.—Dnarrant
did not own tho blood-stained ifo
that was found ia the barn at Walnat
Creek, where he spent the night before
hie arrest. Tho knife belonged to
Lieut. Boardman, of the signal corps,
and the supposed blood stains proved
to be rust.

The Ssarch for the Dead.

Denven, Aug. 21.—Tho body of Gen.
Chas. Adams was taken out of tho rnins
of the Gamry Hotel this afteruoon.
Tho fire which has boon samouldoriog in
the debris bas broken ont and the re-
mainder of the hotel will be consumed.
The remainder of the bodies have not
yet been found.

A Solid Muldoon at Phoenix.
Puogntxz, Aug. 21.—A petrified man

was found on an island in Salt River a

mile from this city. Thero is no possi-
bility of a fake, as the flader isa
stranger from Prescott, J. P. Burnett.
The body is well proserved ond com-
plete, five feot ten inches high; an
American, the first ever found hero.

The Law Takes a Hand:

New Yorx, Ang. 21.—Magistrate
Knuddish, in the Yorkville police conrt

today, discharged Parson Davies, T. N..

O'Rourke and Joseph Gordoyl Ho ro-
served until September 4 his docision
in the caso of Geo Gordon and Mike
Leonard, tho principals.- The five men
were arresjed on Mondsy night while
participating ina sparring exhibition.

“
A Messenger’s Long Journey.
Oumrrox, Ia., Aug. 21.—Herman O,
Fritz, e soldier who left New York on
July 23 with s meseage from. Major
Genera! Miles to Fort Snelling, Minn.,
passed through here todsy. Ho is go-

“2, 1895, p.

1

Gang o! Countertsiters Caught.

Ofattaxooia, Tenn, Ang 21 —
Deputy Marshall Barnes, unearthed a
gang of counterfeiters here today, who
bavo beon operating’from a smal) shanty
near Missionary ridge, A woman
named Dempey and a man named
Armonrarein jail awaiting trisl on
Monday.

Thros quarters of spurions nickels
wore found and blocks of metal bearin
theimprint of dollors and half dollars
used in the formation of dies. Barnes
caught Armour today in the woods
near Ohickamuuga, witha Winchester.
Tho nickols benr the date of 1877, and
have been circulated among the smal!
stores in the suburbs. Tho arrests are
considered important.

&  Policenan’s Murderer Ayenged.

Movust Srenuisu, Ky., Ang 21.—
Joha Johnson, colored,was hanged hero
today for killing Policeman Charles
Evaas June 15. Johnson's neck was
not broken and be did not die for
twenty-five minutes after the trap was
sprang. Nearly 10,000 people  wit-
neasad the hanging.

Whilo the negroes did not like to see
one of the'r color hung they were very
quict and made no threats.

irrigating Projects Consolidated.

Santa Fr, N. M. Aug 21.—Positive
informution has been received hero that
the Smith and Boyd irrigating projects
have been practically consolidated and
placed in the hands of O. B. Eddy, who
undertokes to finance this scheme, place
the bonds and do for the Rio Grande
Valley what he has done for the Pecos.
Tho immense dam ie to be thrown across
tho Rio Grande near Old Fort Selden,
from which ditches will extend south to
El Paso, irrigating valley Isnd on oither
side of -the river for a distance of forty
miles.

The Convention the Battle Ground.

Wasnixaton, Aug. 21.—-Senator Har-
ris, of Tennogaes, who ig one of the
leaders in the movement to secnro a free
coinage platform and sanctidate for next
national convention, said today that he
did not bolieve in wasting time on free
ailver in Dext congress, and: also was of
like opinion as to spggestions of an in-
ternational monetary conference. The
silver democrata fight, he said, would be
for control of the next national con-
vention.

Goud

iti d

si like other powders,

; >
add tani

4
+:

Roya!

or alkali in the food.

SHES SSDS BRISA APS EDS

richs is the proper guardian of tho in-
teresta of Herman Ooelriohs, Jr., in pro-

g | bate proceedings. Paterson says it is

ridiculous to Bay that a pencil will_js
valid. Ho argues that if the first or
“stolen” will was made by Fair—a will
that stands almost unprecedented in
testamentary ditposition, then the will
nade only three days later—the pencil

will isa forgery and Senator Fair wos
crazy. ;

‘Poisoned by a Penny Pie.

Witminaton, Del., Aug. 21.—Her-
man Ackerman, aged 8 years died in
great agony this morning af/hia home,
No. 603 Madison street,” Tuceday
evening little Herman went to the
store of the Ohicago Bakery company,
near his home, and there purchased for
& penny a large pineapple pie, which
was sold cheap becanse it was not fresh.
Lie divided the pie with his elder sister,
Annie, and goon after eating both be-
came violently ill.

Dr. John O. Fahey was summoned
and pronounced them suffering from
poison. Both suffered terribly, but the
girl recovered, while the boy died this
morning. At the bakery it was insisted
that there was nothing wrong with tho
pie. The coroner will investigate.

The U. S. Gov’t Reports
show Royal Baking Powder
anpecior to all otherz

Throe Tramps Give Battle to the Police.

Totxpo, Ohio, Aug. 21.—Three
tramps gave tho police a two-hours

policomen were wounded. Shaffer was
shot through the right shoulder and
Smith in the right hand, the ball shat-
tering the bunes of a finger. For some
timo tramps have been. making a ren-
dezvous under the Oak street bridge
over the Lake Shore road. Patrolman
Shaffer ordered 4 gang to leave. Part
did so, threa defying him. He called
Officer Smith to his aid and proceeded

| to drive them out, whea one of them

chase and a pitched battle today. Two Laren

effect of t
ton adda:
80 appro
utes to
No persoc
place or }
ical or otl
may be »
Meritorivi
of promot
or salary
gait of
qnickly f
tention t
pacity fr
vice must
manner
meéthods.'

Pr

Rong
2 o'clook
the brick
room of A
tlue was
Hoor of t!
The cook
ing oear
leas, be:
torn froo
the skio.
s00n be «


‘ REPORTER, (Ky. Ky) JOLLY v. COMMONWEALTH. 49
. 48 61 SOUTHWESTERN cailt uh : ais
sho cut In » and part of It re- 7 of its brid at great cost. transa

is directed to allow the defendant, | court to claim aapnine nog Raguocrhage cay tad in the proe€edings to aehéocn the | does not oh capable of pal pd caeeracn
urt recte . tatute pequire , and in te actio than t greed -
the Sees Se coe ‘1 ae ried pny in jee circuit — ea . are x caly- settle ted te to the ie ae ‘ae neem bao
draw the sum of ee mmo Company ex- | titled yaar Dn are geting without re- appellant, we are therefore of opinion, ae the sole question to ed on the appeal
Sek, enn | Se ean age ste ue he lent ped Gu | Pans en in

so der of the | ty curt. Its accepting the money under the a 1 it is insisted that appellan: wi

“ a _ of any court }figreed order and bond above referred to
in, and e

was not a waiver of this right. Such were pena pee apne
clearly not the contemplation of the parties leased

pany for 250 years; tha e land taken ig
ppeal, and if, upon a final deter at the time, according to the bong not necessary for its ses; and that, be-
hould adjudged | nothing short of an express waiver He Sen ing already dedicated’ to public use, it cannot
aget.ct the Gatepient ahem 5,000, then it | absolute right of this character cou be condemned, where to do so will destroy ;
to be less than said sum lat he. | tained, that the the public © which It is already dedicated. =
will refund to plainti e né eo ndjude- stly coon appeal was not taken within two
tween said sum and fe amou a atin ar anaes to ort ° er judgment was rendered, and it ig .
ed.” Appellee exetuted bond Sn the s to the remainder a for appellant that it cannot, therefore, aN
Se a eo nade in the appellce’s propegt¥ from the construction an considered. Counsel rely on Brown y. Van. (110 Ky. 190) 4
county part, reads as follows: “Now, we, | operation of-fhe railroad, and from pes gel cleave, 86 Ky. 881, 6 8. W. 25, and Chamber. JOLLY v. COMMONWHALTH.1 4
Sihacg Wear Coupe, cn prin] toa at Ai tigre fo the prectty, s : sain Y. Berry's Ex'r (Ky.) 56 8. W. G58, as | (Court of Appeals of Kentucky. Feb. 27, 1901.) ¢
tlettsburg Water Company, met from it. This is the most importan sustaining this conclusion. In Browp¥. Van- HOMICIDE—INSANITY AS DEFENSE—INSTRUC-” }
W. A. Patton, William Seymo as the court by its in- ZIONS TO JURY—SUFFICIENCY OF EVIDENGG Q
1, and ureties, do estion in the case, cleave it was held that the ju ent from TO AUTHORIZE MANSLAUGHT R INSTRUC. ao
ee a eS ie wee Elizab struction allowed the jury to consider these which the cross appeal was take was not the TION—DEFINITION OF MALICE. iN
hereby covenant to and with one matters in estimating the damages, and the same as that from which original appeal | 1. It was error to instruct the jury that, in oq
town, Lexington and Big Sandy Water | verdict of the jury is plainly based 9n them was taken, and therefoye~that the cross ap- | order ‘. acquit accused of murder on ‘the “
Creme "wnt, ake on teiaieaeie sail Lie a titan aman’ Wiens ten eppalittion on peal did not He. In tufft case it was also held the time of the shacting he masts ene re, east at
Conga et ee oe liowed to | the subject are not uniform, t eight of “ol that, as the cross sfpeal was not taken within | such a defect of reason as not to know the na- 42
sum of five thousand dgddrs, as a subject | thority and the better rea seem to sustain two years e judgment it sought to re- | ture and quality of the act he was doing, or, e)
do by said Judgment,Will hold same the ruling of the cou The law ab- Verse was exfered, it could not be sustained as oe did oh, Se eat = told Ha)
to the order of hich this pro- | hors a multiplici Our Civil Code an ort appeal, and it was therefore dis- the jury that they must acquit on that ground i
to the order pfany court to whic 1, and if, | of Practice is-véry liberal in its provisions as missed” In Chamberlain y. Berry’s Ex’r the | if they believed “that as the result of men- Hs
y be carried by rages * es 4. to the jo The just t’s judgment was affirmed on the orig- | tal unsoundness he had not then sufficient will >
final determination of pope diese a- | comp tion which our constitution guaran- and cross appeals on the facts, and no advo pi my wren sons by reason aod igen C.
es oe ee hould be | tiesto appellee for the taking of its property ruling was made on the motion to dismiss the | control.” Je
nt, Catlettsburg Water Company, 8 aid five-+must fairly include all those Injuries to the cross appeal. The question before us is there- | | 2. Instead of instructing the jury that if they D
adjudged to be a less sum than 8 amet | remainder of its property growing out of fore not determined by either of these cases, | entertain - pron norm p rece Mga: = , eee |
thousand dollars so deposited, ins Com- | construction and operation of the road_erf the Section 755 of the Code of Practice provides: must acealt ben it will be better, Savogae Tema
Chat. eet Oe eee Sates whose | strip taken. Section 242 provides; Municl- “The appellee may obtain a cross-appeef at trial, to instruct them, in the language of the ml
pany, together with the sald su ra ad and | pal and other corporations and ifdividuals in- any time before trial by an entry on tH6 record | Criminal Corte of Practice, that, “if there be a D
pay to the plaintiff, the pitGabethtown, Lex- | vested with the privilege of taking private of he court of appeals.” A cross“appeal can. to be guilty, he fe entitled fe sae ng, proven 4
pay to the plaintiff, the ave d aneke property for public make just com- not be obtained until the ginal appeal is . Upon a trial for murder, defendant was not LD
ington and Big Sa Railroa thou. pensation for pro taken, injured or de- taken, and, by the express words of the stat- | entitled to an instruction as to manslaughter,
the difference betw€en said sum of five dged | stroyed by thor{; which compensatign shall ute, may be taken thefeafter “at any time be. | Where there he so Provocation, and nothing 3
sand dollars the final sum so adjudg neigecty e such taking or paid or secured fore the trial.” _Séction 745 limits the time of slaughter, ‘2° crime from murder to man- =
on appeal, any.” 16, 1895, | at the efection of such corporation or ieare- appeals to tye“years after the right of appeal 4. Where the death penalty has been im- >,
‘In circuit court, on October saitaas ‘“ fore such injury or destruction.” This first a but this section applies to original | posed, the court cannot say, on appeal, that >
apptllant offered to file an amended pe aller }Subject was fully considered in Eaton v. Rad. ap It cannot apply to a cross appeal, edleed Ean Hants of —— as. e
in which it sought to condemn a sm road Co., 51 N. H. 504, 12 Am. Rep. 147; fgythat cannot be taken before the original ground of defense, °
triangle off of appellee’s lot than Reger Trowbridge v. Inhabitants of Town of Brogk- “ppeal is had. The clear purpose of the stat- 5. Upon a trial for murder, the court should
scribed in the original petition. Th line, 144 Mass. 139, 10 N. E. 796, and ‘oad ute was to give this court entire control of the | instruct the jury that the words “with malice,”
refused to allow this amendment Oa, v. Miller 182 U. 8.75, 10 Sup, Of #4, 83 tnd the nance wbere a appeal was taken | tht leal ene, denote a wrongh ac
and ngpelnes Seemsety: comes he case | L, Ed. 267; and the principles gprfounced sus- matte appellee sued out a cross appeal. The | £026, ntenti “aforethought” is meant a prede.
tion of the court in rejecting it. The c tain Rand. Em. Dom. § 136: here a corpo- motion to dismiss the cross appeal Is therefore | termination to do the act, however sudden or
had been pending some-fime, the court has ration condemns a part pf’a tract, it Is com- overruled, pocently formed in the mind before the act is
a large discretion to allowing cong lled usually to comp€nsate for pretty much It 1s also insisted for appellant that appellee Pa; nter, G J., dissentin
wk SERS te any the po the effects Construction and operation 1s estopped to raise the questions above stated — ~ .
ed a sound discretion in re- sie ean rly said to lessen the value of by reason of its accepting the $5,000 undep the Appeal from circuit court, Campbell county.
fusing endment so late in the progress the remgjaffer.” All the elements of damage greed order, and allowing appellant go on ‘To be officially reported.
of th use that might materially affect : in this case legitimately and natural- and take possession of the stri ndemned, John W. Jolly was convicted of the offense
1 to be tried, and necessitate a de = sult from the construction and opera its bridge, at | Of murder, and he appeals. Reversed.
the trial. And, from the whole a of the railroad on the location in con 000. The proof} 8. C. Bailey, for appellant. R. J. Breck-
we are by no means megs rend paso it would be practically impossib ssession was issued | inridge, for the Commonwealth,
i sgient a tonics ‘the tri the | the’ oper en whi n gathers poor — HOBSON, J. Appellant was indicted for
circult court that appellee, havin — pearogerde “right of way had been located just this part of the lot, | the murder of Emma Klekamp. The jury to
the $5,000 under the agreed_drder we tn beyond its bopdérs. It was not contemplated suffered appellant to take Possession of it, ‘Reported by Edward W. Hines, eq. ef the
quoted, and executed the spy toy final | by either Afie constitution or statute hep and, = objection, proceed to the building | Frankfort bar, and formerly state reporter.’
pum adjodged 1 was eetopped in the cireult | which the proceedings were bad that the ut
sum


61 SOUTHWESTERN REPORTER. (Ky.

“

whom the case was submitted found him
guilt charged, and fixed his punishment
at@eath. ) Judgment was entered upon this
verdict. The only grounds of reversal nec-
essary to be noticed relate to the instruc-
tions to the jury given and refused by the
court on the trial. To understand these
properly, we must briefly state the facts
shown by the evidence.
The proof showed that appellant, Jolly, was
the brother-in-law of the deceased, Emma
Klekamp. In July, 1900, Jolly and wife were
living at Hamilton, Ohio, keeping house. His
mother-in-law, Mre. Klekamp, and her oldest
daughter, Minnie, paid them a visit. Mrs.
‘Jolly came home with Miss Minnte to New-
port, where her father lived, bringing with
her most of the personal property in the
house. Jolly followed them to Newport, and
made several unsuccessful attempts to see
his wife. He finally secured an interview
with her at the office of his attorney, O. W.
Root, in which she declined to return to him;
the deceased, Emma Klekamp, being present.
He was impressed with the idea that his
father-in-law and family were keeping his
wife from him, and continued his efforts for
further interviews, with a view to her re
turn to him, and was greatly disturbed. He
stayed at the house of his sister. She testi-
fied as follows: “He came to our house on
Wednesday morning. I was washing. He
says, ‘Sister, I am all left alone;’ and he
said, ‘I am going to hunt my wife; I am
going to hunt my wife; I am going to hunt
her” and I didn’t see him any more until
twelve o’clock. I never had him still a mo-
ment. He never ate, and he never slept.
He done nothing but run and storm. He was
off and on, and up and back again. I said to
him, ‘John, please be still; after a while,
perhaps, this will change.’ He would an-
swer, ‘I can’t do it; I can’t do it. I love my
wife.” Q. Did you see him the day he shot
Emma Klekamp? A. He never got up; he
was up all night. Q. Where was he that
night? A. He never went to bed, and when
I came downstairs I put him in the sitting
room, and he looked so wild that I never sald
anything to Mr. Hewitson. And I kept all

this from my husband, to try to give him a.

home, and see if he wouldn’t be better. In
the night he would go out the side screen
door, and go right round again, and leave the
door open, and every night our house was
left open. I would come down the stairs,
and tell him he ought not to unlock the doors.
‘J didn’t do it, sister; yet I know he did do
it. He was the only one that did do it.”
Several days before the homicide he had
asked his attorney, E. H. Kilpatrick, to write
to his wife, and try to get an answer in her
handwriting. This was after a number of
other letters had been written. Kilpatrick
testified as follows: “I noticed that Jolly,
he would come into my office some days

twenty-five times a day, and at night he

bedtime, and talk foolishly; and every time
he had some new hobby, and I noticed that
Jolly was, In my opinion, an unsound man.
The day before the tragedy I wrote up to

Mrs. Jolly to please call at the office. If I

could see my handwriting, I could identify

it; and I got a little bit of a piece of paper

about that size, and I read it to Jolly: ‘I

will not come; I don’t want you to bother

me.’ That was about fifteen minutes after

eleven when it came. Mr. Jolly left my of-

fice without saying one word. He was an in-

sane man, if ever I seen one. He left with-

out saying one word. He went out, and in

about three-quarters of an hour some one sald

to me: Do you know your client has done

an awful thing? He has killed his sister-

in-law and his wife, and he is now being

taken down to jail in a patrol wagon.’ Q

How long was it, you say, before Jolly killdd

his sister-in-law that you saw him the last

time? A. About a quarter after eleven I

got that note, and in three-quarters of an

hour this terrible thing had been committed.

Q. Was he then in a condition to distinguish

between right and wrong? A. The man was
diseased, and of unsound mind, and I am
satisfied the man couldn’t distingutsh the
consequences of his act.” After leaving the
lawyer's office at 11:15, Jolly next appeared
at the Klekamp residence at 11:40. When
first seen, he was standing in the kitchen,
with a revolver in his hand, holding it up
over his head. He asked Emma Kiekamp
for his wife. She said that his wife was not
in. He said he was going to shoot his wife.
He then reached for the pantry door. Emma
gave Minnie Klekamp, who was sitting fo
the next room, a sign to call for help. She
ran out and cried murder. Jolly opened the
pantry door. His wife was in the pantry.
He got her out, and drove her in the dining
room. Then she got in the pantry again,
and he got her out, and as he did 80 she fell.
As she was getting up, he fired on her, shoot-
ing her in the back. She crawled out of the
kitchen on her hands and knees. He then
seized Emma Klekamp, and drew her face
down beside him, and, putting the pistol close
to her face, shot her through the brain, kill-
ing her instantly. Just then help came in,
and he was disarmed and taken away. There
was other testimony introduced on behalf of
appellant, corroborating the statements of
his sister and attorney above quoted. There
was also testimony by the commonwealth
showing that he was not of unsound mind.
Mr. Root, who was introduced on his behalf,
said he was a mental degenerate.

On this evidence, the court below instruct
ed the jury as follows: “(1) If the jury be
lieve from all the evidence beyond a reason-
able doubt that in killing Emma Klekamp,
in this county and state, and on the 7th day
of August, 1900, the defendant, John W.
Jolly, willfully, wrongfully, felontously, and
with malice aforethought. express or im-

would come in there and bother me until

plied, shot ber with a pistol loaded witb 8

Ky.)

leaden bullet or other hard subs
tan
—— shooting said Emma Klekamp =n
willful murder, ani fa thea ety of
his punishment at death porenacen dl .
= penitentiary for and during his natural
: e; otherwise, they will acquit him. (2) If,
owever, the jury believe from all the evi-
dence that the defendant, John W. Jolly, on
the 7th day of August, 1900, in this county
and state, in killing said Emma Klekam
shot her with a pistol loaded with a ean
bullet or other hard substance, from which
shooting sald Emma Klekamp did then and
there die, but also believe that at the time
of said shooting said John W. Jolly was la-
boring under such a defect of reascn not to
know the nature and quality of the act he
was doing, or, if he did know it, that he did
not know it was wrong, they will acquit him
on the ground of insanity, and so state in
their verdict. (8) If the jury entertain
. eee doubt as to any facts sobianay
cons ¥
ae — defendant's guilt, they must ac
The only defense relied upon for
— was insanity. It will be ciesinall tos
e@ second instruction, which defines the de-
gree of insanity rendering appellant irrespon-
ap criminally for his act, sets it out as such
— of reason as to disable him from know-
a @ nature and quality of the act, or, if he
know it, from kuowing that it was wrong.
The absence of self-control by reason of un-
ee of mind is entirely omitted. Many
prem Persons have remarkable intelligence,
are yet truly of unsound mind and whol-
pgs ge cme In Graham vy. Com., 55 Ky.
rs the jury were instructed that “the true
of responsibility is whether the accused
had sufficient reason to know right from
ee and whether or not he had a suffi-
ent power of control to govern his action.”
— v. Com., 62 Ky. 224, the subject
— scussed at length, and this instruction
2 oo ved as expressing the true rule.
roc rue that this case, in so far as it lays
be the rule applicable to insanity from
- untary intoxication, was overruled in
s annahan vy. Com., 71 Ky. 463, but it has
ot “ny otherwise criticized. On the con-
a be rrr“ to with approval in Kriel
te . Ky. 862, where the instruction
ve quoted was also given. It was also
given and approved in Brown y. Com., 77
Ky. 398. These cases are in accord with the
great weight of modern authority, and were
Tecently followed in Abbott v. Com. (Ky.) 55
8. W. 196. In lieu of instruction No. 2 above
quoted, the court should have instructed the

JOLLY y, COMMONWEALTH. ‘3

The first instruction given b
objectionable in its Beta Fl aren
be better, on another trial, to give in lieu of
it instruction No. 1 asked by the common-
wealth, substituting the words, “before the
a ot a indictment herein,” for the

“on the 7th ugust, s
= instruction. nonbie "pa lias
e third instruction may not
the jury; for, taking all the swe Hoseag ~
gether, they perhaps understood that the
facts necessary to constitute appellant’s guilt
were those set out in the preceding instruc.
tions. But, as this court has often said in
instructing on reasonable doubt it is best
simply to follow the language of the Code:
a Poss g ae & reasonable doubt of the de-
Tov
tled to an lh bey a

The court properly refused to instru
Jury on the law of involuntary ve ta
There was absolutely no provocation, and
nothing to reduce the crime to manslaughter.
It is earnestly argued for the commonwealth
that, in view of the facts of the case, the
judgment should be affirmed on the ground
that the substantial rights of the appellant
were not prejudiced. But in a case where
the death penalty has been imposed we do
bre = at liberty to say that the substan-
: ghts of the appellant were not preju-
iced where the only defense on which he Te-
lied was unduly curtailed by the instruc-
tions given the jury, and a material ground
of defense entirely left out. To hold other-
wise would be for this court to determine
his guilt or innocence, and deny him a trial
on the merits of his case before a jury of
his peers, as provided by the constitution.

In addition to the instructions we have in-
dicated, the court should, on another trial,
instruct the jury that the words “with mal-
ice,” in their legal sense, denote a wrongful
act done intentionally, without just cause,
and that by the term “aforethought” is
meant a predetermination to do the act, how-
ever sudden, or recently formed in the mind,
before the act is done. It has been held er-
Tor to instruct the jury that malice may be
implied from certain facts: but it is proper
to define the technical terms used in the
charge, for without this the jury may be mis-
led by them. There was no error in overrul-
ing the demurrer to the indictment, or in the
admission or rejection of evidence. Judg-
ment reversed, and cause remanded for a
new trial, and for further proceedings con-

sistent with this opinion.

jury as in ins .
that opinion mo and “D” given te
i.

all