Florida, J-K, 1888-1998, Undated

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on a Ae m5 . d ang 201

ent; @rms -plan offered by five. West-| “The establishment ‘of ‘such a
bejern nations. _ ~~ >| Sores’ will be fraught ‘with great
Sat-| signed to supplement this three-/ difficult and unhappy the -alterna-
rich |Stage Western plan, presented | tive—the continuing _ mounting di-
an-|¢arlier +6 “the first East-West jversion of the efforts, - 1 s
A,{Meeting in nearly three years toj and lives of men tothe produc. |!
zid-|break 15-year-disarmament | tion of the ‘means of their own/
a of | deadlock. -- Ee self-destruction,” Eaton said. [
and | . “There “must: come into being,' The American delegate said the |.

i
=
=

ry Indicts.
‘Johnson For Murder

be,

The” Putnam County Grand Jan..22.- There
Jury-made brief report imme- ward’ for the arrest of the smal)

of Palatka Poliseman Glenn| on a charge of attempted mur-!.

The Grand Jury also indicted} Grant, 33, operator of a store} —
Jessie Grant Jr, Crescent City | in Crescent City, said in a yole!
Negro, for the rape of. his 15-juntary confession t6 Sheriff ¥,

meena E

yeaY-old': stepdaughter .on the /“W. PeMicer, that he raped the |=.

. | : at
fel ‘Boy Kills Dad The assault took place near F

vis .

‘Ythe shooting occurred in front of attorney for the NAACP asked the |

Johnson was arrested in Pier-! intended to kill himself after- |
son by Constable Harold Carlisle ; wards,

| He called the Putnam County
| Sheriff's office and gave himself |:

Crescent City on the Huntington

JACKSONVILLE (UPI) — A 17- aaah hoe ee ie si
Id- boy shot and killed his’ me e he continu
aoe to Pomona Park where he called

-x-convict ‘father Monday nigit |, sates
afier the victim attacked the 'D° Sheriff's office, he said.

' The Grand Jury, tn connection
oe "police aid toy. a With these two cases, called about |

{ ] 5
Eston DeWitt Carter Jr., 17, was 1°, Witnesses before making their

q
held today for investigation of ; indictments.
homicide in the death of his
father, Eston DeWitt Carter, 41. SUIT

Police Capt. H. T. Fowler said’ JaCKSONVILLE 1UPI) — An|'

Np agement eo

the Carter hume about 6 p.m. The yg Fifth Circuit Court of Ap- | |
elder Carter was dead on arrival ‘Peals Monday to reinstate the | '

at a hospital after being shot Hillsborough County school inte-
twice with a 22 caliber rifie. ‘gration suit. 7

morning of Dec. 14. girl to make his wife suffer and. = |

him. The

wey

| on 12th Bt. becomes heavy
ie A og ol peg It was after
7 pam,vand dark, but Sgt. Stack

fired the flelng” nan trough

at radioed for help and
unsuckle an@ Policeman
Faulk Answered the call and an
attempt was made to flush the |
man one of the wooded ares, Set. |
Stack said, pe 3

The Sgt. bit
the west and sdon hear
under a palm ‘tree. and faiteel
Negro walked out of the
woods, directly up to Faulk who
apparently placed him under ar-

e
yee

1; rest but the Negro had the gun in
4; his hand ahd raised it and fired
4| Point blank into Faulk's face.

Policeman Leslie Weekly, walk-

jiing the llth St. beat, arrived th
jj time to see the shooting and fired
yi twice at the feein
1}; missed him in the dark. At lith
}}and Bronson Chie? Hun ne saw

Negro, but

Negro and called t 4
the alle ne ee

| he stopped and-turned to see
7: Was Calling.

When he saw the
Chief he threw a bullet in his di-
rection, hitting a tree and ric-
ocheted into Hunsuckle’s legs. The
Negro ran a few steps, turned and
took deliberate aim and fired again
at the Policé Chief and by this
time Hunsuckle had recovered and
was firing at the Negro, however,
; all indications are that all bullets
i missed the § foot, 5 inch, 120 to

; two houses and probably on into
the Bwamp where he was the sub-
ject of the night-long search.

; The Negro was reported to be

| wearing a white zip-up sweatshirt,
| khaki pants and apparently soft-
; 80led shoes and a cap.

150 pound Negro, who ran between '

q font Bay “Eien ra
: ko
|| feck. a ‘3:01: Retake d ‘December 2

sctibers in ‘Pomons Park tnd We. | 2!
laka without paying long distance |: *
charges. Pomona Park and We-/ tri
Jaka subscribers can also cal) Pa. | ser
latka telephone numbers without ¥
oOo tae charge,. is t Pane
after December 20, Pa. e
aenone usera can cal) Po-| -
Park “by Gialing “649" fal~|

the list. |
ed telephone number but they
must dial @ code number “649”

Welaka subscribers ‘by dialing the

phone number to call Pomona
Park subscribers,
Pomona Park users can Gia!

code number “8” and then the
aeag telephone ar Cails to
atta can’. de . direct by
slehig the Tisted Pale nimbé. | ~

There is no change in calling |,
Crescent City telephones from any
of the three communities.

Bavage said a new telephone di-
rectory, to be delivered simultane-
ously with the inauguration of
toll-free service, will have com.
plete dialing instructions,

Hospital Notes’

GLENDALE |

Admitted
Judy Todd, Palatke: Mrs. W. A.
Jacobs, Georgetown: Mrs. F. Bz.

{

Crescent City; Mrs. Gertrude Ran-
dall, Pomona Park.

Davis, Hastings; Mrs. Ruth Bollinger,
~Diseharged !

followed by the four digit tele. ; Cagor

| ¥Y Ave. sbout hoon
q| today who somewhat answers
, description of the. one sought
sonnection with the fatal
slaying of Police G

and at presstime he was
uestioned. yi?

In late detelopmenta today a
Negro charged with Police

Officer Glenn Fa

auf ge Aap ties
tified as Jerome Da :25 years

Ber oo LP LET A a a total of
nas bees Offered for informa-
tion leading to his apprehension.

The City of Palatka has offered

. & $500 reward through a resolution

_ passed this mo _and Sheriff
E. W. Pellicer has offered a $100
reward, it was reported.

. \ The resolution setting up the
whereas 40) Cha Geet
“Whereas : Col on

of the City of Pilails desires

"to do everything within ite power

. to apprehend the person charged

with such shooting ... and the

mayor is authorized te make pub-
an offer of $500 reward for

Davis. . .” 3 a
she ne Deen reported this morning
that Davis miay have worked for

a Pomona Park Negro. identified
only as “Red Willie.”. .
miution is being check out by Bher-
iff E. W. Pellicer, « Pe ph

It is also beHeved that Davis
lived in Winter Garden and also in
Jacksonville.

e Police Department aaid to-
day at hoon that miany leadg have
devel but at presstime Davis
still has not: been apprehended.
A host of officers and yolunteers
are. stil] searching in all parts of
we — and a ee wie alarm

|.Been set up for the Negro,
_:. HUNERAL NOT SET |
}Pineral’ arrangements have not
een announced yet for Policeman
lenn Faulk, but will be announced

e
@: information leading te the

later by Johnson-Davis Funeral
Home, it was reported. -

G dene

io) oe
u ctia,, jc

By FRED P. GREEN >”
at 7:20 this morning, almogt exactly.
B Mes after he was sit
ace by a Negro identified culy as”
by the police in an’ effort: te.

him on a. charge of

a *
é
nnd wr sf
e's

ist
%

tS ji Z
rs 2

Bet

. Sep; ft
ees, My
Sh ese ~
m. ita. ¥ w {
a P is 2 <

a |
ais

discussion and oc-
little rehabilitation
at all of the credit

‘Center,
ma few others, who
itka is allowing its
to waste away, met
to discuss immedi-
future possibilities
. Mrs, Paul Brown
, C, Pearce served
an panelists. for the

in the past several
Ne to recruit a few
civic clubs to do-
purchase labor in
| fG "_ also instru- |
ng-the Boy Scouts |

. ity to put in some

lin the Gardens be. |
1 Junior Chamber

See Ue tone . : +e se ae eu OP
! Bo 3

al ie

most of the eivic

members of both ef

"reds

the public-at-large, The

ed hope th

the officers of the Jaycees:
. The future‘ of the Gardens, how-
‘Ser, is still in doubt, ‘The general

the city commission, which con-
trols the ownership of the ravine.
Must necessarily, le the re-
Sponsibility of the plantied ré-
habilitation of this ‘beauty spot."
And the city certainly will take
little or no action along this line
8 an official act until such time
4 a great portion of the citizens
demand action, according to th
commissioners,

While progressive rehabilitation
of the Gardens need not demand
Rreat expenditures of fiihds, it

tion on the part of the owners—
the residents of Palatka — and
their neighbors throughout the
county.

There {s little doubt

mizaliea Festival in|

that |

uunced also
Pierce, director

bt according |
to those attending the’ meeting.
that the Gardens can be one of
the top tourist attractions in the
state, “And tourist money is

. and county | |
commissions, State Rep. J, N,{!
{ (Gator) Beck and a smattering

{be

does require large scale participa: | '

* Ss building -of. the Gardens, el;
every year the roads are to be in good repair, bc- | 3"
AVine takes the fore- cording to city officials, and. the| ™

annual Festival will be extended |}. Hous |
to a three-day event ascording:to | | *

fonsensus of the meeting was that | and

nem
stalf, Highway Patrolmén and

if s

if
Fr

could never show real
the trail after leaving the

TH GUNBATTLE
Sgt. W. H. Stack had uncovered

Boys’ Ranch, hv
his boys work tn
pull weeds and
Mrails before the

| Just as good as industrial pay-
; rolls.” sald Godwin,

|. “¥e are on a natural tourtst
| trait.” remarked Lester C. Bush.

| cases of whiskey and a .38 pistol.
; manager of the Putnam County

Sgt. Stack saw a Negro which

eting at the Cen- | Chamber of Commerce,-“With the answered this description and rode
epresentatives of | (Continued on Page Two) up beside him and cae hoa
The Negro turned and‘taw it was

an officer and fled into the under-
brush in the vaeatt lof-at 11th and

Madison, whieh is covere: tall '
‘Contaued wi Pape twsh
PATH LEER! :

MEDITATION §

typesetting machine, automatical-
ess was founded: ly sets them in type in newspa-
Scripps, publish- | pers’ offices. Its teletypesetter

“McRae newspa- circuits now operate in every part
pS-Howard), by of the United aerate

ai Hes ts she apt Topthaegs rgite

DET TTA NTT

LEA. Mud eda Sun- Sondivel AS/ye STATE

» By MIKE SCHNEIDER .
Waal The Associated Press.)

STARKE — _ With 60. police officers gathered i in thes
chill outside Florida State Prison, Leo Jones was eXe- |
cuted on Tuesday. for phe sniper Killing: of one 0 of their a

colleagues. ' pee

Jones’ execution. was ithe ‘second of: four Fechéduled el,
old ple |

in:a nine- nay. period in Florida’ s i5-yeate
chair. vy

his patrol car in, downtown J acksonville.”
‘Witnesses to. the’ execution included.

best friend and fellow officer, John Boney; his brother, »
Robert Szafranski;. David: Stevens, president of the
Jacksonville Fraternal Order, of Police and Jackson- k

ville Sheriff Nat Glover.”

buses to. show their support:

tered around him: “You are a brave group of people.”
Szafranski criticized the justice system for taking 7

years to execute Jones. “The justice system keeps jus:

tice from heing gerveds: % ne said. ,

Svnaye

Jones, 47, was bonvicted ofthe 1981) slaying’ of Thom: ‘
as Szafranski, who was shot in the head while sitting | in

? se pap j : j +r nd Sekai . ‘
; Pn ‘ ; ' ae eae eas si Veet, BE
\ ‘ Spee Ae & 3 Sot ae
\ fu ae eee 4 ie i

was: not cruel and

‘punishment.

. mate being executed in March 1997.

Tones > *)'*. in executions that ended on Monday.

flinched. He was ‘pronounced dead minutes later.

“by prison officials was ignored.

eet FO

a “eae

Nor ones vorent ‘hist ‘last year ‘challong! i

ing the’ ‘eonstitutionality of death in...
the electric chair. Ultimately, the ©
» Florida Supreme Court ruled*that it.
unusual

-. Jones’ attorneys raised the ipbjec:
| tions after flames shot from the mask: ~
|: covering the head‘and face of an in-~

“The problem led to a yearlong: haltia3' 8) 4) Se |
‘Tammy Grinet, right, ‘wife of slain Jacksonville police officer
» Thomas Szafranski, is comforted by Angela Corey after con-
victed killer Leo Jones. was executed on Tuesday.

- In appeals, Jones noted that a doz-®
is en people had said another man confessed to killing
- Szafranski.

“T bear witness that there’ is no God but Allah and.

-Muhammad is his messenger,” Jones said repeatedly,

a staring at his religious adviser, El Hajj Rabbani Mu-

- hammad, while being strapped to the chair.°;

--=° When the jolt hit, Jones’ fingers tightened and he:
“J hope you never have to‘lose. anya more of your »

friends,” a tearful Robert Szafranski said as they clus-. Two dozen relatives, friends and legal advisers —

4. _ shared some of Jones’ last hours. A, final. meal ‘offered .

“AP Sota STEPHEN } MORTON

ia through the night with Je ones.

Jones’ execution was the 41st’since Florida’ s death
penalty was upheld in 1976. Serial killer Gerald Stano
died on Monday for the murder of a teen-age hitch-

hiker in 1973.

Judy Buenoano, 54, dubbed the “Black Widow” by
prosecutors, is scheduled to be executed on Monday
for the:murder of her husband, James Goodyear.

|. Twenty-four hours later, the state plans to execute:
“Leo was very tough,” said: Sinivarsity ‘of Florida © Daniel Remeta, 40, for the 1985 killing of a conve-

: poviology! ‘professor Michael. Races who} oy Stayed « pience® Bate clerk i in n Ocala.

’ - and unusual.

2A Boca Raton News, Wednesday, March 25, 1998

> DEATH PENALTY

LOCAL / FLORIDA NEWS

THE ASSOCIATED PRESS.)

STARKE - Leo Jones kept his eyes on his
religious adviser and. repeated a prayer in
Arabic, then was put to death Tuesday in !
Florida’s 75-year-old electric chair for the Florida State Prison as
sniper murder of a police officer. *' _ Jones was executed.

His execution was the second offour sched-. “I hope you never §
, uled over nine days. ('2) 17 hA!" 5 .. have to lose any more. |
'.° Jones spent his last year challenging the . of your friends. You

constitutionality of capital punishment in the | are a brave group of
electric’ chair.: Ultimately, the Florida. people,” a tearful |
Supreme Court determined it was not cruel Robert Szafranski told [&
ES AE Sn | Se "them as they clustered.
_. Jones’ attorneys raised the objections after * around him. after-
flames shot from a sponge under the mask ; ward. © Be Br ieee
‘covering the head and face of an inmate:. Szafranski criticized
being executed in March 1997, The problem © the justice system for
‘led to a yearlong halt in executions in Florida . taking 17 years to exe-
that ended Monday. wade ae cute Jones.’ BA aero
’’ No flame was visible either day. process takes too long; °°" ve meee SE "* ASSOCIATED PRESS
~“T bear witness that there is no God but — and the justice system A Jacksonville police officer checks his watch shortly after 7 a.m. Tuesday dur-
Allah and Muhammad is his messenger,”' keeps justice from ing the execution of Leo Jones at the Florida State Prison near Starke.
Jones said repeatedly, staring at his religious | Aen :
adviser, El Hajj Rabbani Muhammad, while
being strapped to the chair and readied for
execution. ae Seo my PRES,
* When the jolt hit, Jones’ fingers tightened
and he flinched. He was pronounced dead
minutes late. = ee
» Jones, 47, was condemned for the 1981

Sixty police officers
» here bused down from §
Jacksonville to wait in [|
the chill dawn outside

teen beets, |

being served,” he said.) °° tT nored. -
Jones confessed ‘to the shooting, but “Leo was very tough,” numb after months
claimed he did so'because of: police beatings. | ‘on death row, said Radelet, one of those who
In appeals, Jones‘noted ‘that a dozen people © stayed the night with him.
_ had said another man confessed to killing = Jones’ execution was the 41st since
Szafranski Wt "Ry PAPER ') Florida’s death penalty:was upheld in 1976.
1NO~ The state has had back-to-back executions

“He has one of the:strongest cases of '
cence that I’ve ever seen,” said University of: before, the last in December 1995.

' slaying of Thomas Szafranski, who was shot
in the head while sitting in his patrol car in

downtown Jacksonville in 1981. © ‘

‘ Witnesses to the execution included

Szafranski’s best friend and fellow officer

John Boney, his brother Robert Szafranski,

state Sen. Charlie Crist and Jacksonville

‘sheriff Nat Glover. ~ RIA ire
Also there was David Stevens, president of

the Jacksonville Fraternal Order of Police.

Florida sociology professor Michael Radelet, .
who says his national studies of executions

have identified many cases in which people

were condemned for crimes they didn’t com- |

mit. “His case was built on a house of cards.”
All his appeals ended late Monday with
rejections. #4 :
Twenty-seven relatives, friends and legal
advisers shared some of Jones’ last hours. A
final meal offered by prison officials. was

Serial killer Gerald Stano died Monday for
the murder of a 17-year-old girl from Port
_ Orange in 1973.

Judy Buenoano, 54, the so-called “Black

'. Widow,” is scheduled to be executed Monday

for the murder of her husband, James

, Goodyear. Twenty-four hours later, the state
plans to execute Daniel Remeta, 40, for the
1985 fatal shooting of Mehrle “Chet” Reeder,
a convenience store clerk in Ocala. 0

2A Boca Raton News, Tuesday, March 24, 1998

LOCAL / FLORIDA NEWS

> DEATH PENALTY a.

Jones loses last-minute appeals,
be for 1981 murder

snap

THE ASSOCIATED PRESS so
TALLAHASSEE - A man a
‘cuted today for the 1981 murder of a police
officer lost a blitz of appeals in federal and
state courts less than 24 hours before his
scheduled execution." “~~ Se “file
In Monday’s appeal i in US. District Court _

here, Leo Jones’ lawyer said his office was ©

out of money and couldn’t properly represent
him.

Attorney Martin ‘McClain said he planned
to appeal to the 11th U.S. Circuit Court of .

EXECUEEL

‘be po ie ‘

}

Appeals in Atlanta, which turned down |

another appeal Sunday. co ee
Later Monday, the Florida Supreme Court _

denied a request from McClain for.a pést- »

ponement based on a phone call from a jail.
guard who told McClain lots of inmates, in
1981 said Glen Schofield confessed to the

murder. The guard is the latest of about a :

dozen people who have already Said ©

Schofield claimed he killed the officer, i> °* °

A few hours later, the high court refused to
reconsider its decision, leaving Jones little
recourse except the federal | courts. ] Both

ie picge ee

orders were 5-2. <= a. hte oe gee 3

» On Monday night, ‘the U. S. Supreme C urt "a

denied five requests for stays of pranico,@
said court spokesman Ed Turner. ~*~
Jones, 47, was to be executed in Florida’s
75-year-old electric chair this morning — 24
hours after confessed serial killer Gerald
Stano was put to death and a week before

two other convicted killers were set to die.

He did not order a last meal, but the prison ,

planned to serve him a Delmonico steak
cooked medium well, fried potatoes, fried
eggs and orange juice. |

Stano’s execution was Florida’s first since a
foot-long flame flared during the execution of
Pedro Medina last March 25. The state
Supreme Court ruled last fall that death in
Florida’s electric chair is neither cruel nor
unusual,

Police officer Thomas Szafranski was shot
while sitting in his patrol car at a
Jacksonville intersection. Jones confessed but
later accused police of beating the confession
out of him. .

Florida’s high court last week denied Jones’

“Leo Jones listens in a Jacksonville courtroom as fis attoe

file photo. Jones is scheduled to die in Florida’s. .Plectric chair at 7 a.m. today. ae

appeal that he deserved a new trial based ¢ on
new evidence. © ~

Another issue still Beading before the high
court could delay Jones’ execution. eae

In a petition filed almost two months ago
by McClain’s boss, Peter Warren Kenny
asked the state Supreme Court for an across-
the-board stay for all cases handled by his
Miami-based office, which Kenny said was
nearly out of money. «

That would include delay in the executions

scheduled for Jones and convicted killer
Daniel Remeta.
In a similar but separate appeal, a private

law firm Rar’ ‘asked ore a ‘Moratorium on ‘all.

. executions because of a funding crisis for the |
state’s death row lawyers. The state’s high

court has scheduled hearings but has said the
appeal would not cover this month’s four
scheduled executions.

Judy Buenoano, 54, dubbed the “black
,widow,” is condemned to die on March 30 for
the 1971 arsenic poisoning of her husband,
James Goodyear.

Remeta, 40, was to be executed on March ;

31 for the February 1985 fatal shooting of
Mehrle “Chet” Reeder, a convenience store
clerk in Ocala. 0

; oe "5 “ASSOCIATED eae
orney argues S for a a new trial in this September 1 1992 :

Wot on Sanya list —
Alex Sones , & os hanged ar Jallafussee

Florida on F-48868 for murder cf George
Cuthbert tn 1/97. Fist execution here tn Ak yrs.

Fer N.0. Pre, WAY SS of :22

EE EE GE ee
Che Gainesville Sun

Friday, July 3, 1992

@ STARKE
Execution date

set for cop-killer’. -

at
A July 21 execution date was set Thursday,
for convicted cop-killer Edward Dean Ken-
nedy, who has escaped the electric chair om
three previous occasions through court
appeals.

Gov. Lawton Chiles signed the fourth death |

warrant for Kennedy, 47, after the U.S.

Supreme Court this week upheld Kennedy’s

first-degree murder convictions.

In May, Kennedy came within two hours of
execution when the court issued a Stay to
examine his appeals.

He was sentenced to die for the 1981
Slayings of Trooper Robert McDermon and
Floyd Cone in Duval County after he and two
other inmates escaped from Union Correc-
tional Institution.

Cone, who was unarmed, and McDermon
were shot when they confronted Kennedy at
Cone’s home shortly after the escape.

Kennedy had already been serving a life |
term for the 1978 slaying of a Dade County
motel manager.

Ruling from 1B

That could mean holding expensive and time con-
suming resentencing hearings, McClain said, or more
extended federal appeals.

Carolyn Snurkowski, the assistant attorney general
who presses death penalty appeals for the state, said it
is premature to estimate the exact impact of the
Espinosa case. But Snurkowski was scrambling to file a
petition with the U.S. Supreme Court, asking the
justices to take the exceptional step of reconsidering
their decision.

“We believe their ruling is incorrect, based on
Florida law,” Snurkowski said. “‘Rehearings are not
commonly granted, but we will be suggesting that this
is one of those rarified cases where justice demands
(it.

To the average citizen, the death penalty is.

straightforward: A person kills, is convicted; a jury calls o
for death; and a judge agrees. Justice, for those wha |

support capital punishment, is served.

But nothing about the legal proceedings in a deattt.
case is that simple. Lawyers and judges have struggled.»
far years to determine a fair process for determining.
who deserves to be put to death.

Understanding the Espinosa ruling involves. the
nitty-gritty details of how a jury comes to its
life-or-death decision.

The jury is asked to weigh aggravating factors of
the crime — the elements that make it particularly evi ‘

— against the mitigating factors, elements that would
tend to call for mercy.

In the Espinosa case, the U.S. Supreme Court was
asked to decide what should happen if the judge’s
directions to the jury are too vague.

Specifically, the debate surrounded the instruction
that said a death sentence would be supported if the
jury found the murder to be “especially wicked, evil,
atrocious or cruel.” That is a phrasing judges have
ruled to be too vague to give real guidance to the jury.

Florida’s lawyers argued that even if a jury gets an
incorrect direction, the death sentence should stand
because, under Florida law, the jury’s recommendation
is not final. A judge makes the final decision and can
overrule a jury.

But in the Espinosa decision, the U.S. Supreme
Court disagreed, saying judges give a jury’s recommen-
dation great weight and any errors in instructing a jury
must be corrected before an execution can take place.

Lawyers for death row inmates have argued that,
lacking good, specific definitions of ‘‘aggravating fac-
tors,” the death penalty is applied inconsistently. A

aire nite nica et as tetas aan idiiiaad

murderer in Tampa, for example, might get life in
prison for a type of killing that draws a death sentence
in Live Oak.

“The average man won’t understand this ruling,’’
McClain said. ‘He’ll think it’s a technicality or hocus
pocus, but it’s not. This is at the very heart of what the
Supreme Court has been concerned about, the arbi-
trary application of the death penalty.”

McClain said the ruling could lead to other attacks
on the state’s death penalty process, including another
jury direction that tells jurors to judge whether the
killing was ‘“‘cold, calculated and premeditated” —

a some lawyers consider imprecise and vague as
we

No one can say for sure exactly what impact the
néw U.S. Supreme Court will have until the
Florida Supreme Court handles some death penalty
cases in which the Espinosa ruling ig. raised.

It won't be a long wait, ~ 7 aoe

Lawyers for other Pee toa i D reparing

appeals for their clients based'oh the
If resentencings are granted, pros

forced to recreate sentencing hearings in murders that _
in some cases are decades old. That would mean |

familiarizing new jurors with details of the crimes and
asking the new jury to use more specific guidelines in
determining if death is the appropriate sentence.

If the Florida Supreme Court does not grant resen-
tencing hearings, lawyers still may be able to challenge
that judgment in federal court, McClain said. That also
would mean more years of delay and legal cost.

The Espinosa ruling, which could delay executions,
comes at a time when many expected the traditionally

slow death penalty litigation to speed up in Florida. ©

More conservative judges had been appointed ta the
federal courts in recent years and Florida’s death row
litigators had agreed to new timetables to streamline
the process.

Many of Florida’s death row inmates have been
sitting in their single cells, waiting for more than a
decade. Now ‘they wait to see how the latest wrinkle
will affect their cases and their lives.

section

THURSDAY, JULY 16, 1992

TIMES

Ruling could delay

state executions

w A U.S. Supreme Court —
decision last month set

aside sentences of six
convicted Florida killers.

By CHRIS LAVIN
Times Staff Writer

A recent U.S. Supreme Court
ruling in a Florida death penalty

case could have a dramatic effect .

on this state’s capital punishment

litigation — and could mean delays °

for hundreds of death row inmat¢s.
A June 29 ruling in the case of

Dade County murderer Henry Jose:

Eapinoss set aside sentences of six

ports Wit eeioe dash pasate

' tee believe the decision could de- 2: nee -

lay as many as 75 percent of the
322 death row cases already inch-
ing their way through the courts.
“It could have a profound ef-
fect,’’ said Bobby Brochin, the law-
yer who advises Gov. Lawton
Chiles on death penalty i issues.

The decision got little notice
last month because it was issued
the same day as a pecenar abor-

the ‘office that
death row in-
ruling could

mean perhape three-quarters of
the state’s death row inmates

could have new legal shillenges t to’

es Ae Ah
Please see , RULING 6B

Lawyers for
killer Edward
Dean Kennedy
filed an appeal
Wednesday
challenging the
sentencing
procedures.

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Tuesdav, July 21, 1992

~e 533 oe ee

le Sut

Business

Execution set for Edward Dean Kennedy

Stay denied as killer
heads for the chair

By DAVID GREENBERG

Sun staff writer

STARKE — The U.S. Supreme Court de-
nied an appeal for convicted killer Edward
Dean Kennedy Monday evening, clearing
the way for his execution in Florida’s elec-
tric chair at 7 a.m. today.

The same court lifted a
previous stay three
weeks ago.

Kennedy, 46, was sen-
tenced to death in 1981
after killing Floyd Cone
Jr. of Baldwin and Flori-
da Highway Patrol Offi-
cer Robert McDermon
during an escape attempt
from Union Correctional
Institution near Raiford.
Kennedy was serving a life sentence for the
1978 slaying of a motel manager.

Kennedy’s attorney, Billy Nolas of Ocala,
and other lawyers had exhausted efforts for
Stays at every other level of state and feder-
al court.

Without comment, the high court on June
28 lifted a stay it had imposed May 1 only
two hours before Kennedy was scheduled to
die.

Kennedy

The court gave no explanation when it
granted the stay, but attorneys familiar with
the case suggested that the court wanted to
consider Nolas’ argument that the trial
judge did not allow defense attorneys to ex-
plain to the jury that Kennedy was under
duress during his escape.

Also, the court was considering several
other Florida death penalty cases in which
defense attorneys argued that prosecutors’
statements about the heinous, atrocious and
cruel nature of the murders were too broad.
Nolas made the same argument in the Ken-
nedy case.

But while the Supreme Court set aside
death sentences in six other cases, it lifted
the Kennedy stay without comment, clear-
ing the way for Gov. Lawton Chiles to sign a
new death warrant.

The warrant signed by the governor a
week later was the fourth for Kennedy.
Prosecutors, defense attorneys and Depart-
ment of Corrections officials all say that by
the fourth death penalty most defense argu-
ments are exhausted and the executions are
generally carried out.

That would satisfy Floyd Cone Sr., who
has waited more than 11 years for his son’s
killer to be executed. He will be in the wit-
ness room watching Kennedy die.

5 airs -
sed ia of sloved. tnisiuten;, i. bodes |
were placed In coffins Immediately.
on being taken down, and so. nd
‘the last chapter in the sragedy
which. oat Mr. Tallue Eakew | his
‘dife,:.

The speeches made by. Kirby: ‘and
Lee on the ‘seaffold. sent: - ‘thrill of
horror through thes y. who:
had the choice of believing that the.
men were dying with a He on. :
Ups'or an innocent was paying the
death penalty fora crime he had ‘no
partin.

If our readers refer to the. atate-
ment made about an hour and a half.
before the execation to a Recorp
Tepresentative, they will see that: ‘he:
anid he never entered the express
Office at Hastings as was stated. at
the trial by reputablo: witnesses, Is
is :diffcult to understand such ha-
tures or to believe a man on the
brink of the grave, would tell a false-
hood; but such undoubtedly is the
case as his presence in the.ex-
press office was established beyond a
doubt. If guilty of a falsehood in
one instance, why not in another? |
Kirby’s statement was not delivered |
in a very convincing style, and is
worth about as much one way as
the other. The execution of these
men should be a warning to others,
and the impression it left on those
who witnessed it, will bot fade
quickly, f

the barred windows while fervent
prayers to ther Creator for mercy

and pardon formed in thelr hearts
and were given ultearnce by their
ps.

firat to arrive at the jail grounds
this morning. He found the genial
sheriff and Sheriff Brown, of Titus-
ville, on the platforin of the scaffold
making the noose and making the
last preparation for the double ex-
ecution. The trap-door swung free
and easy and the drop was meaaured
and the rope cut accordingly.
Sheriff Perry had but little love for
the task, which the welfare of the

_. he went about it with the usual
.* ghoroaghnesse for which he {a noted.
Several colored preachers arrived

- and went ap to pray with Kirby and
" Lee, while‘the sheriff ahowed the
reporter an improvement he had
_anade on the methods for strapping
the prisoners for execution.

Bhortly afterwards the reporter
‘went up to the prison. Besides the
. preachers: and deputy sheriffs.
Kirby's father{and wife were present.
_> The old man eatin one of the side
,. corridors, swaying toand fro in an
« @egntagy of grief. He held s small

-ebild jn his arms, Kirby was in the
‘year talking to his wife, while Lee
‘was praying fervently with the

fa black and. presented a semi-clert-
eal nypearance, Kirby came forward

gadersbiry: and dark -pants, Both
:“were oan when not praying or sing-
Jom Kicby bald the mialaters that be

: a tse wanted inde wai tor

A RecorpD reporter was one of the.

commonwealth imposed on him but.

on the large gathering of spectators

=: : S condemned men were placed side by
peda Tee alde under the two ropes that dangled
from: the beam overhead. Sheriff

I can not talk now as I wantto. Jam
too worked up, but [ will m&ke a
ataterment on theascaffold."" Are you
reconciled to your fate? Yes, | com-
initted the crime. I have sinned
badly and I should be punished.- 4
ain satisfied that I am getting what
I deserve. I have made my peace
with my God and am going to heaven.
I am not afraid to die. God ts look-
ing downon my soul and knows what
Ithink. He knows I am sorry for
my sin and he knows Lee is innocent:
Have you anything more to say?
No, not until I go on the scaffold
Good bye, air meet me in heaven
please; and Kirby went back to join
fn the devotion.

The measured tramp of the militia
finally sounded in the jail yard, and
the St. Augustine Rifles under com-
mand of Lieutenant Geo. Snow,
marchad tuto the eaelosure. The
company formed in a square
with a detachment on each side of
the scaffold, 7

Hundreds of spectators poured Into
the yard while fully “one thousand
were perched on wagons, fences ‘rnd
trees outeide the enclosure. A num-
ber of ladies secured vantage points
on the jail steps and seemed as much
interested in the proceedings as were
the men,

Exactly at 10:30 o'clock, Sheriff
Perry appeared with Kirby; enter-
ing the yard by the jail » Kirby
omiled serenely, and look " around

with apparent interest, then fol-
lowed the sheriff upon the scaffold.
His spiritual adviser, a colored
Baptist minister, accompanied him.

A moment later, Lee accompanied
by Father O'Boyle, of the Catholic:
church, followed. Kirby to the gal-
lows. Healso wore an easy smile.
The trap door was fastened-and. tho

:mmediately began the
s siwopin the lega of the

THE FLORIDA TIMES-UNION (Jacksonville)
Wednesday, 3]. October 1928, page 13.

——:

‘Jacksonville Negro
| Executed at State
Farm in Raiford

RAIPORD, Oct. 30.—( AP )— Roosevelt |
| Kirkland, Jacksonville negro, was|
electrocuted at the state Prieon farm |
here today for an axe murder in Bak-
; ef county some time ago.

Kirkland protested his innocence to
the last. declaring just before the!
switch was thrown “gentlemen. you are,
: killing an innocent man.”

He denied any participation what- |
aver in the killing for which Herbert |

ey, another a » also was con-.
Victed and electrocuted. '

The current was thrown on for Yor-!

ty-ome seconds and the condemned |

man was pronounced dead three min-
utes later.

|
Relatives claimed the body. |

AIRBY ;

Wa. Iter + : : ———- = * - -
9 black, ha ngsed ‘ain

bean

sartow, FL on 1/22/1913

Bartory, Jan. no —(Spectal)—W alter
Kirby, who committed an assault on a
i white woman on November % at Haines
City, was hanged—heré. today At 19:22 |

o'clock bY sheriff John “Poran. “Kirby

‘ a ’

night ‘of November 9 at plant City. We
was convicted at & special term of court
here on the qth of: this morth. He con-
ferased ‘to noth crimes before being

Sa Oe

oA? ste

said the s will |
rosy glow over &
es. Scientists also
te would be able to
née between missile
other heat sources |

ort for missile detente
em—is the first step

tional “opel
of its own, hinged on
lites circling in polar
re every inch of earth's

ree-part system, Midas
would pick up enemy
ings almost instantan-
eamios reconnaissance sat-
Melevision views of mil-
liations, and Advent
fowmmions satellites relay
‘ies ation to U.S. author-

i — |

al versions of the
lites may, be in the
ups of about one dozen
years.

is a prototype de-
ee whether the alarm
work. It was aimed
orbit that would carry

seen in front of
- whea the pie-

| @> Charged, .

oury 0
“ 15 minutes

search
hold
morn

at the time of his arrest.
uez asked the Jj to

look at this situation as something

evil that was done by a inal;

but not to overlook the fast that
it must have been premeditated
before the death sentence, could
be asked, .

Judge started his sloneaiicl by
reviewing the entire case and re-
ferring from time to time’to the
65-page statement that wag taken
by him in the presence bf five
others at the time of Johnson's
capture, |

Judge referred to the murder
weapon, a 38 cal. pistol], numerous
times calling it “that little pretty”
that killed 34-year-old Faulk.

“In the hands of a little man,
this little pretty, took the life of
& police officer while he was doing
his duty,” Judge said.

In the middle of Judge's sum-
mation he praised Rodriguez for
the fine way in which he had
presented the case.

During the closing minutes of
Judge’s summation, members of
the Faulk family, present in the
courtroom, were beginning to
show the strain of the two-day
trial.

Judge pointed out that if John-
son was found guilty of murder
in the first degree he should re-
ceive the death penalty.

Judge informed the jury that
if it brought in a verdict of mur.
der in the first degree there would
be no rejoicing and gladness in
tHe hearts of the people of Palat-
ka but gratitude for protecting
their law enforcement officers
that in turn protected them.”

Judge, looking straight into the
eyes of Samuel Johnson, asked
him if he ever gave Faulk a
chance.

“Every man should have the
chance to confess to his God and

‘| ghould have a chance to go to

Ged before death. Did you give
Faulk this chance? No.”

‘< ask the death penalty for
Bamuel Johnson and may God

b vemercy( ib seul?

, with th neato thal at
| 65-page confession Johnson gave

di wif . !
mal
island of Honshu bore ar brunt
of the towering — brag
which pounded a ae
minute intervals as

long as 18 hours, east 200 800
uwalties—dead, missing and :
jured—were reported in Japan |
alone. u

The tidal waves, rolling weat-
ward from earthquake » stricken
Chile, struck the Hawaiian
lands Monday, killing 32
and leaving 27 missing. The
waves swept on to Okinawa, the
Philippines, New Zealand, Japan,
Australia, and most Pacific is.
lands at the rate of 400 to 5C0
miles an hour, |

' 1,000 Dead in Chile

In Chile, where weekend earth-
quakes, floods, tidal waves and
B voleano eruption wrought ter-
rible havoc, authorities in Santi- -
ago said more than 1,000 persons
were dead or missing and 100,000
homeless. ;

Loss of life on such U.S, Pac:tic
bastions as Okinawa, Johnson i.-
land and others was preveried -
ample warning. However ti:
natives were killed on Okina
arid eight Maori were avy. :
to sea when 10-foot waves . U2
ed New Zealand.

In Japan the destruciion »
great, The Japan National Broa. . -
casting Corp, reported 96 perse:..
dead, 75 missing and 626 injuret

It said 4,600 houses were ¢ |
stroyed, 44,000 ged and .1 Zz
boats destroyed. newsp

Kahoku Shimpo reported ?
homeless in northern Honal

Warnings went up an Fo:
where thousands of Americr
vicemen are stationgd br

tidal wave apparently pete
by the time it reached

if; ;

Over
Vote

the
seat.
former county
nd school board mem-
628 votes ta Cannon's
official returns from
of the supervisor of
Mrs, Jessie Carswell,
lv other county con.
rday's runoff primary,
ies was a four to one
ncumbent T. C, Doug.

district 5 county |

com-

race for the county |
‘rom district J,
d withdrawn bit his |
ed on the ballot and |
ory aimost Was as-
“ection. Peeples nad
igias 1,305. Douglas
one precinct. his
of Welaka bv 87-75

r of votes cast fell
Mav 3 turnout, Yes-
rent to the polis, and
‘ast absentee ballots
rcomt turnout of the
10397 registe:ed vo-
7€ percent 7 893.)

Ove ht

Pe for

nd.cated
the Dernocra’- ,
Farris:
ty 1306 for!
Jr They
a’ewuide ':enss
xy Adams bv
porough'’s 788, and
4.947 10 1.453)

1COeK '

or Governor
voles for}
Also!
with !
4 002 |

mnrer

wcential preference |
eorge Smathers 1e-
Aryocratie votes and |
Ricnard Nixon $3}
van choice
S$ race was tie hot-
ne wire, with both
trom some candi-
! in tne first) pri.

s tagged Ba Ti
) C Haves and J
endorsed Cannon
ring in W W 72:
commissioner from
as eiiminated fron

moin the clos:
Pidaugnt Have
iv for distrie) 45
elim

Oeled fron

dee

FOUND GUILTY—Samuel Johnson. left above, 4! year old Negro
accused of the murder of Policeman Glenn Faulk is shown leaving
the courthouse vesterday after being found guilty of murder in
the first degree by na 12 man jury. Johnson, accompanied by Deputy
Sheriff Floyd Johnson, center, and Sheritf BE. Walt) Pellicer, was
taken to Raiford prison immediately. The jury, out for only 15
minutes, did not recommend merey. First degree murder in Florida.
with no leniency clause is punishable only death. Johnson's
attorney, Francisco Rodriquez, said sesterday after the trial (hat
he would file an appeal. This appeal will have to be made within
the next 10 days. After the appeal is heard Cirewil Judge Po B.

Zevels will pass sentence. Jurors tor the tral were Raymond P
2-4, aa YA’ anllare |

Bamoaae fa Laanviae fC) Bander Bo-asxvueamed Cdlarnta

‘he

| : By United: Press. International 2
fi —-bete-reported accidents pushed
iF .Memorial Day weekend traf-
\ fic death figure toward the .d870
[prac today and _ safety ae
Praised press-and radio ands

| fic “ officials for keeping _
| going higher.

I. ~The National Safety Courin tad
flestimated that 375 persongéwould
{dic “in traffic accidents @weing the
} weekend which began atzé p. m.
Friday. At midday s#eday, a
United Press yori» count
i snowed that 366 died.

_Drownings, ~manyaétethem: -the
result of boating #Onidents, took
1 lives, Diane. Srushes two, and

12
| 0
to

deaths “with 27. California showed
23, New: York.

| North arolina, 18, Michigan 17,
| and*g@ 16, among the

- Record Still 371
1958" Memorial Day mark
dead in traffic.and this
figure.for a weekend of com-|
‘parable length, was the one which

i pushed - the count past the bre-

| Collided witha jack-knifing truck }

New Trial
‘Set for Johnson

~—’Circuit Judge P. B. Revels.

dicted figures.

Robert Lee Halberstadt: 64, of
Ocala,-and Margaret Ann Holland, |
36, -of Lowell, were. killed -when
| the car jn avhich they were riding

page a mieten

pitts the

on rail- “wet sHighway 44).

antes ‘the holiday—seeurred
near Lawiey in ,North Florida
Saturday morning. Three tourists
from -Hentersonville, N.C., were
‘killed hoi their car collided mith
a truck.

_Single fatalities were RS

e-nly<other multiple-fatality, F

‘in accidents at Miami, “Saekson.
ville, gmpa, Persacola, <Ocala,|
DéFuniak rege Starke, and |

near or me

A hearing | on a 2 motion for-a-new
trial in ‘the case of Samuel John-
son..tsegro, 41, has been set for 2
D.m..June 9 atthe ¢onrthouse by

Johnson, convicted May 24 of first
degree murder in the fatal shoot-
ing of Palatka Policeman “Gienn
Faulk, probably will be sentenced |.

ff | council officials med feared would.
@ be eclipsed.” :

motion is denied.

¥ se aad

after the hearing if the new. trial- iy

in
he sewage treat.

| © Johan

. BoHVille NY
Citeuit i

A Faécitiihendatiot! ‘of mercy, in
Dec. 17 pistol slajing of Pi+
iatl a. Policeman Glenn , Faulk,
was denied : ‘eB néw' trial ‘arid sen.
teticed ‘to death df ‘thé electric
chait'at the Raiford State Prison
by Judge P. B. Revels yesterday
aftethoon. iF ie

phiasized” the
and

ed last night in an auto-:
accident 2 miles south of
on Highway 21, Deputy
immy Price reported.
Dale Sturgeon, 39, Santa
es, died of internal injur-
ived when the convertible
drtving had a blow-out of

rear tire, causing the car

re off the road and turn!

if! \y " hy ‘ 3
torney, Francisco Rodriquez, Tam-
pa, offered no argument in his
request for @ new trial, and stood

y the condemned Negro while
ude Revels read the lengthy
death sentence,

Johnson showed no emotion
dnd calmly repliet _. Nothing,
your honor,” when face ‘Revels
asked him if he had anything to

Ste}

ee re thi ‘vied

fe Institution’ at f
when.in attéthpt was t
to ites him here for investiga-

in| tion in the breakitig and e
of. Pete's, Bdr the fay hig ire he
Pai a b of

ullet inte

an aul, Who died } day
: ackesorivilie hospital,
a, ior and thé, pist@ re-
rie rit rl ‘ak the weapon
ile Um were len
ae bar? ee i

mee

entering | Fe

fermond Alton Horris, & White
man who admitted assisting John-
son in robbing thé focal bar, also
cathe, before atoms Jutige Revels yester.
day and Was sentenced to serve
Tk six months to 15 years bt
or rd.

Tie ae
Norris asked ithat the 174 daya

served since his arreat be].

he h
Say before sentence was ‘passed, | cbnkidted find the judge told him

He chewed furiously on what ap-
peared to be chewing gum during
his stay In the court room,

ANOTHER APPEAL

Now that the death sentence
has been made his attorney can
appeal to the Florida Supreme
Court and Rodriquez said he will
make this appeal,

“I will use the same argument
I used in his defense at the trial,
before the Supreme Court and
hope for the best,” Rodriquez

! said,

The attorney argued before the
circuit court jury here that pre-
meditation had not been proven
against Johnson. The local jury
took only 15 minutes to return a
guilty verdict.

Johnson, an ex-convict, was an

it would be noted on his record

ties,

ety Changes
Building Code

The city commission _ last night

' passed on final reading iin amend-
| ment to the city building code in-

corporating . several changes re-
quested by the Board of Rules and
Sencall. which administers the
code

The changes, ak again
last night, now make these differ-
ences in the ordinance:

_ THE APPEALS board now hae

He pleaded guilty to =

for study by the prison ecinads:

BL hot arumprimy, orneh Ain acta a ATE named

1992
ille, Wednesday, July 22,
-Gnion, Jacksonville,

The Floriva Times

A-7

Kennedy €xecuted for ’8] Slayings

(From Page A-1 ) was stayed two hours before it was

to be carried out.
Muhammad Said. Death penalty Opponents criti-

€xecution, Saying
elected Kennedy

death penalty for six other Florida
tric chair, mouthed the words “I Dea j i

love you” to Ms. Cary, who was sit- For a half doz
ting in the witness room.

“Through the darkness of the Florida State

that he had done in his life, €cution was a

he reached inward to find an ifiner Justice system.
Place of Peace,” she said. “He was € courts decided in two cases
just extraordinary.” j

this year that some of Florida jury
Ke had survived three death instructions in the sentencing phase
watrants” The third one, in May, of a trial are i

where the instructions were used,

€ court struck down the death
Penalty, but it let it stand in Ken-
nedy’s case.

Kennedy’s attorneys were turned
down last week in the Florida Su-

“It’s Outrageous,” Ms Cary said
“They have totally abandoned their
legal Principles,”

Kennedy
dies in
electric
chair

By DAVID GREENBERG

Sun staff writer

STARKE — With the father of one of his
victims watching, Edward Dean Kennedy told
witnesses at his execution Tuesday, “Peace be
with you all. Allahu akbar (God is great).”

Moments after uttering those final words,
Kennedy, 46, was killed by the 2,000 volts of
electricity that passed through his body as he
sat in Florida’s electric chair.

Kennedy was sentenced
| 1014 years ago for the 1981
killings of Florida Highway
Patrol Trooper Robert
McDermon and his cousin,
Floyd Cone Jr., during an
escape attempt from Union
| Correctional [nstitution in
Raiford. He was serving a
life sentence for the mur-
der of a Miami motel man-
a SCOageer when he escaped.

When his body, in a hearse bound for a
Gainesville funeral home, passed by about two
dozen friends and relatives of Kennedy’s vic-
tims gathered across the road from Florida
State Prison, most of the crowd cheered and
applauded.

What made this execution different from
the 28 previous ones since Florida reinstituted
the death penalty in 1979 was the presence in
the death chamber of Floyd Cone Sr. of Bal-
dwin. The convicted killer and Cone sat about
5 feet apart, separated by a pane glass. Recent
victim rights legislation has made it possible
for family members of the inmate’s victims to
witness executions.

Cone sat motionless in the first row of the
witness room as Kennedy was strapped into
the chair. There was a brief moment of eye
contact between the two men, but Kennedy
spent most of his time looking directly ahead
at Susan Cary, one of his attorneys, and Iman
Rabanni Mohammed, a Mosiem minister who
spent the night outside Kennedy’s cell.

When Kennedy entered the chamber, he
mouthed the words “I love you” to Cary. She
said later that was a message for all the people
who had helped Kennedy in the last several
years.

Then Kennedy and Mohammed began
mouthing prayers until it was time for the in-
mate’s last words.

The execution was carried out at 7:06 a.m.

Afterward, Cone was greeted by the friends
and relatives across the road from the prison.
One of the first people to greet him was James
D. Hamm, a Valdosta, Ga., man who comes to
almost all the executions at Florida State Pris-
on. The two men hugged.

See EXECUTE on page 4B

Kennedy

EXECUTE

continued from page IB

Cone released a prepared statement,
saying that justice finally came but
with too long a delay. Kennedy was on
his fourth death warrant. He was two
hours away from death on May 1
when the U.S. Supreme Court stayed
his execution. The stay was lifted
three weeks ago.

“Floyd Jr. and Bob McDermon
were tried, sentenced and executed in
a matter of minutes,’ Cone said.
“They were denied any time for ap-
peals for their lives.”

After reading the statement, Cone
said, “My wife and I now have to get
on with our lives. It'll never be the
same as it was before.”

Cone said he will continue his prac-
tice of standing across the road from
the prison during executions.

Only a few feet away from Cone,
Mohammed talked about Kennedy’s
final few hours.

“He was in a very somber state,
very repentant,” he said.

Classifi

lle Sut

CUPS

Wednesday, July 22, 1992

Che G

Cone and Mohammed spoke with
each other briefly, referring to a letter
Kennedy sent Cone on Monday.

“His letter included an apology,”
Cone said. “I have accepted that
apology.”

As the hearse carrying Kennedy’s
body left the prison, five death penalty
opponents stood in silence, while other
people cheered.

“There’s very much a sense of frus-
tration,” said Brother Boniface of St.
Leo’s Abbey at St. Leo. “It just seems
like another lost battle. I feel for the
victims, but this man is a victim, too.”

Department of Corrections spokes-
man Gene Morris said Kennedy’s final
night was uneventful.

During an hourlong interview with
a reporter from Emerge magazine, a
New York publication, Kennedy, a
Death Row artist and musician, talked
about jazz and art. He also endorsed
Bill Clinton for president.

Following the interview, Kennedy
met with members of his defense
team. He didn't eat his last meal of
steak, eggs, baked potato and straw-
berry shortcake.

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FLORIDA EDITION

Che Florida Cimes-Alnion

JACKSONVILLE, FLORIDA, WEDNESDAY, JULY 22, 1992

in Florida State Prison. Kennedy was convict

lorida Highway Patrol trooper Robert McDermon

Kennedy’s
execution
‘Carried out

By Larry Schnell
Statf writer

STARKE — Floyd Cone Sr. of Jacksonville said
he can now get on with his life. The man who
murdered his son and a state trooper 11 years ago
was executed yesterday.

“It will never be the same, but it’s behind us,”
Cone said.

A few days ago, Edward Dean Kennedy wrote
Cone: “The blood of your son is on my soul for
ever.” :

Yesterday, Kennedy, 47, was
executed for the crime.

He skipped his last meal and
told the witnesses at Florida
State Prison ‘peace be with
you.” He then praised Allah.

Moments later, 2,000 volts of
electricity surged through his
body for two minutes. He was
declared dead at 7:08 a.m.

Outside the prison, about 30 K
death penalty advocates cheered at the announce-
ment. Later, they applauded as the white hearse
carrying Kennedy's body drove out the prison
gate.

Cone witnessed the execution, winking at a pris-
on official after it was over. Then he joined the
death penalty supporters outside. A giant rainbow
arched over the prison. ;

Cone’s son, Floyd Jr., and Robert McDermon of
the Florida Highway Patrol were killed in Baldwin
on April 11, 1981, by Kennedy, an escapee from
Union Correctional Institution. He was serving a
life sentence for the 1978 slaying of a Dade County
motel manager.

“Today, justice has finally been carried out after
a far-too-long delay. Floyd Jr. and Bob MeDermon
were tried, sentenced and executed in a matter of
minutes. They were denied any time for appeals
for their lives,” Cone said. _

He also spoke about the pain his family had en-
dured.

“There is a void in our lives as part of us is gone
that can never be replaced. All that we have left
now are a few personal things, pictures and pre-
cious memories,” Cone said.

Sue Massey of Jacksonville, McDermon’s sister,
said she was relieved the execution was over.

“I'm glad that it finally happened because if he
had gotten out, he'd have killed again,” she said:

As she and Cone walked toward their cars, Ms.
Massey asked about Kennedy’s last statement.
Cone told her Kennedy said and did very little.

She said it was up to God to forgive him. Cone
disagreed and cited a text in the Bible.

“No, it's up to us, too, if he asks,” Cone said.

Iman Rabanni Muhammad, a Muslim spiritual ad-
viser who sat outside Kennedy’s cell all night, de-
scribed the condemned man as remorseful in his
final hours.

“He was sorry he had caused pain for Mr. Cone

— Don Burk/staff

Coa iel Cone Sr. embraces his cousin Delores Green after the execution of Edward and his family and he asked for forgiveness,”
Dean Kenn
Cone Jr. and

ed of murdering Floyd
, (See KENNEDY, Page A-7)

The NATIONAL EXECUTION ALERT NETWORK is a project
of the National Coalition to Abolish the Death Penalty
For more information, contact: Pamela Rutter, NCADP

1325 G St. NW LL-B, Washington DC 20005 (202)347-2411
Peacenet Access Code--ABOLITION//Non-Business Hours Alert Answering Machine 202-347-2415
Partial Funding for the Alert Network is provided by the J. Roderick MacArthur Foundation, the
A.J. Muste Memorial Institute, the Boehm Foundation and the Unitarian Universalist Foundation.

ALERT 92-6 July 8, 1992
**EXECUTION ALERT**EXECUTION ALERT**EXECUTION ALERT**EXECUTION ALERT**
TEXAS JULY 14, 1992 __LETHAL INJECTION

DAVID LEE HOLLAND SR., (White), age 57, has been on death row since February 1986. He was convicted
of the robbery/murder of a white female.

TAKE ACTION, CONTACT: Attny Gen. Dan Morales Gov. Ann Richards
PO Box 12548 PO Box 12428
Austin TX 78711-2548 Austin TX 78711-2428
(512) 463-2100 (512) 463-2000

FAX (512) 463-1849

FLORIDA JULY 21, 1992 ELECTROCUTION
EDWARD DEAN KENNEDY, (Black), age 46 has been on death row since January 1982. He was convicted
of the robbery/kidnapping/murder of 2 white males.
TAKE ACTION, CONTACT: Gov. Lawton Chiles
State Capitol

Tallahassee FL 32301
(904) 488-2272 & (904) 488-3494 FAX (904) 488-9578

VIRGINIA JULY 23, 1992 ELECTROCUTION
EDWARD B. FITZGERALD, (White), age 35, has been on death row since 1981. He was convicted of the
rape/murder of a white female. Fitzgerald’s co-defendant Daniel Johnson was given a lesser sentence.
TAKE ACTION, CONTACT: Gov. Doug Wilder . :
State Capitol (804) 786-2211
Richmond VA 23219 FAX (804) 786-3985

UTAH JULY 30, 1992 LETHAL INJECTION
WILLIAM ANDREWS (Black), age 37, has been on death row since 1974. He was convicted of the
torture/murders of 2 white females and 1 white male. His co-defendant and actual perpetrator of the
murders, Pierre Selby, was executed on August 28, 1987. Selby had previously admitted committing the
murders and said that Andrews had not been present at that time. One surviving victim, has confirmed
this: he testified that Andrews had tried to dissuade Selby from harming the victims, and when that plea
failed, he left the store. The state of Utah has now acknowledged that William Andrews was not present
during the commission of the homicides.

Andrews, 19 years old at the time of the crime, was convicted by an all white jury in the same
town where the murders occurred. Andrews was represented by a public defender who had been a
lawyer for less than a year, with no special help or funds. Andrews’ lawyer did not call a single witness at
the sentencing hearing. The jury, during the sentencing phase was instructed that if they did not
senténce Andrews to death, then he would be sentenced to life in prison with the possibility of parole,

and could be paroled at any time.

TAKE ACTION, CONTACT: Utah Board of Pardons
448 East 6400 South Suite 300
Murray UT 84107
(801) 261-2825 FAX (801) 261-6481
attn: Mr. Pete Hawn, Mr. Don Blanchard, Mr. Bill Peters & Mr. Mike Sibbett

TEXAS JULY 31, 1992 LETHAL INJECTION
CARL KELLY, (Black), age 31 has been on death row since June 1981. He was convicted of the
kidnapping/robbery/murder of white male convenience store clerk. Kelly’s co-defendant Thomas
Graves, received a lesser sentence.

TAKE ACTION, CONTACT: Attny Gen. Morales & Gov. Richards, see address above.

The NATIONAL EXECUTION ALERT NETWORK is a project
of the National Coalition to Abolish the Death Penalty
For more information, contact: Pamela Rutter, NCADP

ALERT 92-6 July 8, 1992
**EXECUTION ALERT**EXECUTION ALERT**EXECUTION ALERT**EXECUTION ALERT**
TEXAS JULY 14, 1992 __ LETHAL INJECTION

DAVID LEE HOLLAND S8R., (White), age 57, has been on death row since February 1986. He was convicted
of the roobery/murder of a white female.

TAKE ACTION, CONTACT: Attny Gen. Dan Morales Gov. Ann Richards
PO Box 12548 PO Box 12428
Austin TX 78711-2548 Austin TX 78711-2428
(512) 463-2100 (512) 463-2000

FAX (512) 463-1849

VIRGINIA JULY 23, 1992 ELECTROCUTION
EDWARD B. FITZGERALD, (White), age 35, has been on death row since 1981. He was convicted of the
rape/murder of a white female. Fitzgerald’s co-defendant Daniel Johnson was given a lesser sentence.
TAKE ACTION, CONTACT: Gov. Doug Wilder |
State Capitol (804) 786-2211]
Richmond VA 23219 FAX (804) 786-3985

TAKE ACTION, CONTACT: Utah Board of Pardons
448 East 6400 South Suite 300
Murray UT 84107
(801) 261-2825 FAX (801) 261-6481
attn: Mr. Pete Hawn, Mr. Don Blanchard, Mr. Bill Peters & Mr. Mike Sibbett

TAKE ACTION, CONTACT: Attny Gen. Morales & Gov. Richards, see address above.

NEBRASKA AUGUST 6, 1992 ELECTROCUTION

HAROLD "WILI" OTEY, (Black), age 40 has been on death row since June 1978. he was convicted of the
rape/murder of a white female. On May 29, 1992 the Nebraska Supreme Court ruled that Otey is not
entitled to another hearing in front of the Board of Pardons. The high court reversed a decision by Judge
McGinn, who had blocked the execution in 1991 by ruling that Otey didn't get a fair hearing before the
Nebraska Pardons Board. Otey’s lawyers had argued it was unfair for Attorney General Don Stenberg to
be one of the three people deciding whether to commute Otey’s sentence when Stenberg was arguing
the case against Otey. The Nebraska Supreme Court ruled, "In Nebraska, commutation of a death
sentence by the state is purely a matter of grace exercised by the executive branch and no due
process rights are available to the applicant.” In 1991 the Pardon Board voted 2-1 against giving Otey
clemency. Stenberg and Gov. Ben Nelson voted against clemency; Secretary of State Allen Beermann
voted for clemency.

TAKE ACTION, write Governor Ben Nelson and ask him to reconsider his vote from 1991. It is
understood that each member of the Pardon Board can change his vote up until shortly before an
execution actually occurs.

TAKE ACTION, CONTACT: Gov. Ben Nelson
Governor’s Mansion
Lincoln NE 68509 (402) 471-2244 |

TAKE ACTION, WRITE A LETTER TO THE EDITOR,
Public Pulse, Omaha World Herald, World Herald Square, Omaha NE 68102
Editor, Lincoln Journal/Star, 926 P Street, Lincoln NE 68508

*Nebraska has not had an execution since 1959.

VIRGINIA SEPTEMBER 15, 1992 ELECTROCUTION

WILLIE LEROY JONES, (Black), age 33, has been on death row since January 1984. He was convicted of
the robbery/murder of a an elderly white couple. Jones was offered a plea that would haven given him
2 consecutive life sentences with the possibility of parole, but refused it because his trial attorney
wouldn’‘t recommend the offer.

TAKE ACTION, CONTACT: Gov. Doug Wilder
State Capitol (804) 786-2211
Richmond VA 23219 FAX (804) 786-3985
ILLINOIS **CONSENSUAL** NOVEMBER 11, 1992 LETHAL INJECTION

LLOYD WAYNE HAMPTON, (White), age 38, has been on death row since July 1990. He was convicted of
the robbery/murder of an elderly white male. Hampton pled guilty and waived his right to a jury trial and
was sentenced by the judge. Hampton’s direct appeal was affirmed in May 1992. Hampton promptly
wrote the court stating, "Further appeals would be frivolous and meritless, and a severe waste of the time
and efforts of an already extremely overburdened court system." He went on to ask that further appeals
be barred, "whether they may be filed by attorneys, family, friends, clergy, prisoners or any other persons
or groups against capital punishment."

1976. meee eA AM te AT

ORD Mee ott
National Execution Alert Network ery oN ey age fy.
c/o NCADP 1325 G St. NW LL-B ae } a
Washington DC 20005 eh # _
(202) 347-2411 —

Watt Espy
Capital Punishment

Research Project

PO Drawer 277
Headland AL 36345

7661 ‘% AOW ‘405-9

MAIO RH Qayesayng ayD

High court
grants stay
in Florida

Murderer’s case

to receive review

STARKE, Fla. (AP) — The U.S.
Supreme Court stayed Friday’s
scheduled execution of convicted
double murderer Edward Dean
Kennedy two hours before it was to
have taken place.

The high
court said in a
one-paragraph
order that it
would postpone
the execution un-
til it studies his
appeal.

Kennedy, 46, §
faced electrocu-
tion for the 1981 Kennedy ,
murders of Trooper Robert Patrick |!
McDermon and his cousin, Floyd 4
Hartford Cone Jr., at Cone’s home ;
near Baldwin.

“For the Supreme Court to grant |
the stay, it’s got to be a pretty:
strong case,” said Kennedy’s attor- .
ney, Billy Nolas.

Last month, the court overturned
four last-minute stays issued by an
appeals court for California murder- !
er Robert Alton Harris. Harris was
executed after the justices issued an
unprecedented order telling the low-
er court to issue no more stays.

Kennedy, one of 319 people on
Florida’s death row, had been
scheduled to die Wednesday but ;
received a temporary stay until
Friday from the Florida Supreme !
Court. A state Supreme Court jus- {
tice said he had doubts about wheth-
er Kennedy’s jury was given proper ,
instructions. ;

Supreme Court Halts
Florida Execution

Starke, Fla. — The U.S. Supreme
-Court stayed yesterday’s schedul-
‘ed execution of convicted double

murderer Edward Dean Kennedy,

Eels th eee l

two hours before it was to have —

taken place.

The high court said in a one-
paragraph order that it would
postpone the execution until it
studies his appeal.

Kennedy, one of 319 people on
Florida’s death row, had been
scheduled to die, Wednesday but
received a temporary stay until
yesterday from the Florida Su-
preme Court. A state Supreme
Court justice said he had doubts
about whether Kennedy’s jury was
given proper instructions.

Last month, the court over-
turned four last-minute stays is-
sued by an appeals court for Cali-
fornia murderer Robert Alton
Harris. Harris was executed after
the justices issued an unprece-
dented order telling the lower

court to issue no more stays.

Pp AF

San Francisco Chronicle

THE VOICE OF THE WEST

SATURDAY, MAY 2, 1992

PePSS (UPI) — President
Charicas de Garvlle called Premier
Michel Cetre into an emergency
se:sion today to decide whether
tn geek :n armec test of strength

with cnti-Gaullist setflers en-
trenched behind cobblestone bar-
| iricades in Algiers.

The outnous question facing De

| i!
against the hundreds ‘of. well-
‘armed snilitiamen, students and
‘farmers and businessmen if they
‘retused (o heed De Gaulle’s ur-
‘gent apreal for calm.

{: De Gaulle mt with Dbr until
4th early hours and consulted his
4 military advisers. Thed he com-
gy manded the anguished Frenchmen
of Alyicrs to ‘return to vational
order and stop spilling each
(, er s blood. .

Confers With Debre

Lebre conferred for an hour
with arr.ed forces minister ierre
GuiBaumat ant then sped to the
Elyace Palace to confer with De
Gaullo. The meeting lasted half
an hour. Debre made no astate-
ment when he left the palace.

_ After talking with Debre, De

enh

~~ e m

Gaulle wrs whether to order the |
‘tench Algerian army to move,

later ‘eontesaee to

Faulk: in the face as po~
lige tried to arrést the
atout 7 p.ni. Dec. 17,
Zack Hunsuckle said,

The constable, Harold Carlisle,

Chief

spotted Jol walking south
* be along the sy notes this
Fea ern 1856 about dusk Friday, Noti the

resemblance to pictures on the
wanted poster, Carlisle pulled his
car alongside the confessed slayer
and halted him before Johnson
had @ chance to run,

Johnson's 65-page statement to

- BAMUEL JOHNSON ,

9s
|

WwW. W. Judge, state gttorney,
3 Accidents _ cleared up many of the using
details of the case, inclu how

he eluded a posse of about 200
mén and dogs after the shooting.

hee Yom ‘

Over ¥
FHP Reports

Three accidents involving a to-
tal of $475 was reported by the

Florida Highway Patrol over the
weekend.

he hid tinder a house only a

from the ecene of the fatal shoot
ing until about 4 the next morn-
ing. He then made his way south

for about 30 days,

Negro

The itinerate® truit picker eaig

along the Atlantic Coast Line
Railroad to Crescent City, where
he picked fruit with a labor gang —

We first accident odcurred Fri-
day, 4:45 p.m., on the Memorial
bridge. y '

John W. Patrick, 68, Jackson-

ville, wad traveling upst,,o,.the
bridge when the vehicle @head,
hin statted to slow down,, Pat-
rick ‘applied hia brakes and lost
control of his car running into
the south railing of the bridge and
coming to rest 55 feet from the
point.of ‘tmpact, ;
Damage to the vehicle was estl-
mated at $100, and to the bridge
railing at 200, it was reported by
Trooper A. L, Land.

At 2 a.m., Baturday, on SR 15,
three miles south of Crescent
City, a vehicle driven by Joe A.
Addison, 33-year-old Negro of Se-
ville, ran off the road, turning
over in the ditch when the right
front wheel came off of his car,
it was reported.

Damage was estimated at $75
by Trooper R. G. Waldorff,

Willie Williams, 58-year-old Ne-
gro from Jacksonville, ran his car
into the side of another vehicle
driven by Albert Ludwig Stone, 53,
Jacksonville, on SR 15, two miles
north of Palatka, about 4:45 p.m.
yesterday,

Stone backed his car out of &
private drive onto the highway
and was starting north when Wil-
liams started to pass the Stone
vehicle crashing into the side, it
was reported by Trooper A, L.
Land,

Williams was charged with fail-
ure to have vehicle under control,

‘by Trooper Land,

Damage was estimated as $50
to both cars,

dee |

robbery and the shooting
followed it. i

: , which
‘the chit bald Johnsoh “prob-

The $1,000 reward offered fo:
Johnson's arrest will go to the
constéble, Hunsuckle said.

_ dokinson was questioned at the
Volusia County Jail about seven
hours by MHunsuckle, Putnam
County Sheriff KE, W. Pellicer and
Judge before admitting the crime.

He was advised repeatedly of
his rights—to call an attorney or
refuse to make s statement—but
he warited to go ahead with his
story, Hunsuckle said,

The liquor store robbery was

the beginning of the case of Sam-
uel Johnson,
- Pete's Bar, 1724 Reid St. was
broken into sometime after 1 a.m.
Dec. 17 and about $700 in cash
and liquor reported missing, along
with a new .38 cal, revolver,

Police Sgt, W. H, Stack and
Patrolman Leslie Weekly received
a tip about 6:30 p.m. that the
thief was on ilth St. They spot-
ted Johnson and Stack fired a
shot when the Negro, refusing to
halt, ran in a wooded lot at lith
and Olive Sts,

Stack broadcast the alarm and
Hunsuckle and Faulk, in separate
cars, answered it, Hunsuckle tak-
ing 11th and Bronson Sts. and
Faulk at lith and Olive Bt,

Faulk spotted Johnson in the

weeds and ordered him to come
(Continued on Page Twe)

’
:
i

Board Meeting
Is Postponed

The Putnam County Commis-

‘ sion montine e-@ .~ 2

_ Re rape

farcement cn and bigod. :
hounds searc all * night but

failed to find the Negro,

'
~:on Johnson's “full and com-
vite” confession, Hunsuckle said
trese detalles cake out:

Jonnson followed an alley be-
tween 10:h and llth Sts, north
to the spur track near Benham
St., then went west until he came
1o the main tr headed south
to 12th and Olive Sts., where he
hid under a house,

About 4 a.m. He started west on

Olive to 13th, south om 18th to thé; ac
Woman's club, ‘where he agaiii| /

No Injuries In

Local Mishaps _

The City Police Department re
ported two accidents over the week
end, With no es reported.

Sunday at 4 a.m. a car driven by
Johnny K. Moore, 17, Negro, 614

N. 7th. St. was driving West .on| ,

Bronson with only his p
lights on and crossed the A
tracks at 12th St. in front of an
engine pushing about 20 cars
an estimated s of 15-20
an hour, Sgt. W. H. Stack reported.
The box car hit thé automobile,
pushing it about 80 feet before
brushing it off the track. The car
was damaged about $300 Sgt. Stack
said

Moore was charged with ho
drivers license and being involved

~ " eel aOueE ~ eo 9 ee y aes
e at OO 7 toe 9 > i
‘ ‘ ot ae Bess os é
Fy 4 > : - aie :e Pd, 3 ' pe
“4 e ‘ - oe Siposey > : s
ro 4 ore meaie ‘ # 4 (tte Say
. deci: , 8 a 3 ie e,
oe A oe ae y Song " s
ing : “wild 4 t
a ee ae ee. eh : wert
+ - > sig * a es. 4 ni
. : - n : Qo eS % eae ae
é sp Ste m x 4 Fa * i e a ¥.

é
g

i
if
ie

é
i

r
Hi
7

Fuge

g
a
3

three one to Fer-
mond A, Norris, 62, the hobo who
stood watch outside the bar, Nor-
rig admitted his part and has
bound overt to circuit court
o® trial for breaking and enter-
ing,
Johnson will be arraigned some-
time this week, His present lo-

eration of law enforcement agen-
tiles who aided in the search, He
said the FBI arrived here soon
after the shooting and volunteer.
ed their services, The Putnam
Sheriff's offic, Florida Highway

z §

SEE

ting etiey, of Biter: Wik

sod wel!
first | gociates, Daytona Beach, said the}!

wee ‘additio: of a new tank west of|°*
be ‘town would improve water pressure 3 ‘3
Me

city :

= Johnson Trial

Set March 31

in‘ Samuel Johnson, 4t year old Ne-
erat- i gro, entered a plea of not guilty to
© }0-; a charge of assault with intent to |
© Sed murder in the shooting of Chief of
a Police Zack Hunsuckle in direct
f\p- : information filed By States Attor-{
‘for; ney W. W.. Judge before Circult |
ples | Judge P. B. Revels here Friday. ©
ited| Judge Revels set trial for John-
bre. | son, who is.also facing a first de-
ses gree murder charge in the fatal
| shooting of policeman Glenn Faulk
‘he ‘and a breaking and entering to
eq | commit a felony charge in the
County Court, for March 31 in Cir-
ce | cult Court.
ine} Johnson wassbrought here Fri-
day to appear before Circuit Judge
Revels, and..has been returned to
an undisclosed jail for safe keep-
ing. Johnson is reported to have
* ; confessed to the slaying of Police-
& man Faulk last Dec. 17.
Judge Revels also

sentenced |

by ) breaking. and entering-~charre.
for | Fleming was charged with break- |
ing into a local service station.

| water demand is low, - ae oe

bY | Bennie Felming, Palatka Negro, to |
im | serve two years in prison on & Andreu. Charged .

| by a-car driven by Preston Bag-

| Ave.

4 avarapeseedired beckine'of
jeer-salds 2 Fo ede ee

see-dally demand’ ty-Alling: sion
| ageztanks during the night, when ©

ets

‘Parcel Post
Rate lesreias”

WASHINGTON (UPI) — Prom
‘now on, you will have to pay more
for parcel post,

Effective Sunday. midnight,
Tates-went up an average of 17.2
percent on fourth class mail, in-
cluding parcels and catalogues.

The higher rates, authorized iast
Nov. 20 by the Interstate Com-
merce Commission, are aimed at
boosting Past Office revenus by 88
million dollars a year.

PO ON at me OS 1 a Ee * agttem 3 F
. ! 3 i po Se ee cae ee

: ; ; te ae

5 > aq

essiteiiaiienines

John..Crystal Andreu, 22, 1611
| Husson Ave., was charzed wit
‘tmproper parking on the highwsy
last night after his car was struck

ley, 49, Negro, New York, on Crill

Bagley was charged with fall-
ure “to. have his vehicleyunder
control, it was reported. Damaze
to the Andreu car was $100 ard
$150 to the Bagley car, Policeman
Dave Walker reported,

HOME T Leab tebe anc Wea
; MEDITATION

He that tilleth his tand sh:il
have plenty of bread: but h:
that followeth after vain per-
sons shall have ve

aul Usiediee

" 1 the. murder of
colored, Jomuary 11, 1837,

rae

WU IND 9 Ale

xander,

Ute,

\
l
.

Hleck. han A Te wT 4 /OR QQ
black, Nangea lallse hassee, FL 4/28/1888.

TO RK HURG TO-PDA?.

——--—

Alex. Jemes to Pay the Death Penalty
fer Twe Brutal Marders
| Special to the TimewUsion |

“Tarrananaxn, April 27.--Every prepara
tion was completed today for the execn-
tion to-morrow, of Alex. Jones, the negro
who suffers the death penalty to.morrow
for bis henious dowble murders. The
scaffold has been erected within the jail
It was inspected by several prominent <iti-
gens, at the courtesy of the sheriff of Leon
eounty. ;

Up to this mgrning it was understood
thet the execu would be public, and
large crowds haiye expected to come in to
witmess it; but|'today, in deference to &@
strovg senthnetit it was decided to enclose
the gallows, hiiling the Inst from
public view, so'that those who come will,
im a measure, be disappointed.

The hardened criminal, whose last mur-
derous act was to beat a fellow.contict’s
‘pl.all, ie still in the same hardened condi-
tion mgd shows no signs of softening, but
will douhtless go to his death a blatant
blasphemer-and die with curses on hia lips.
The gallows ie so arranged that the trap
} will. be sprang from. jail window. nig op

connection is that this will be the Inst crim-
inal use of the old jail, aa the ground on
which it stands has been purchased by a
Northern gentleman, who will remove all
the old builfiinge‘and wall and erect there
an extenai¥e comservatory for growing

4 Leon Hotel. to which, aleo, an addition of
seventy-five roums is to be made thie sum
wer.

ca ee nets ce nme a

A transformation worthy o’ note in thie

choice flowers. It adjoins the handsome |

JON, Alexander, dr.
9 9 >

“THE HANGING.
aries

| Als Last Werds While on the Gal-
; lows, Etc., Ete,
-- Last Saturday, April 28, dawned
bright and ‘perfect, and notwith-
standing tho fact that it was gener-
ally knuwn that the execution of
Alexander Joney, Jr., for the murder
of George Cuthbert, the bey whom
he shot on January 11th, 1887, ina

i ¢

dispute over the passessiog of stab,
bit, was, to bo # private-ope, thond:!
anda of vountry people degen at:06
early hour to gather around the? jaif
englosare, until by:11 o'clock a, m,.
there must have been fally’5,000” in:
jthe crowd. Everything was remark.
ably quiet and orderly and not an
arrest was made. - | Poe
j At 11:30 Jones. was brought~out!
and ascended the gallows steps -with
a firm tread. He was perfectly ‘self-
possessed, and not-a° gailver ‘sieible
[upon his countenance. ,
4° At 11:85 Sheriff Pearce read the
death warrant, then asked Jones if
jhe wanted to aay anything; be spoke
j{oatin a firm yoice:.
| 'T em ready and willing to go, I
want to‘go, for I atu going to a bet.
ter world.” ~
- He then sang io « clear voice with
the nunistere {Atieyway, Bailey and
Edwards) the hymn “Jesus lover of

eg ee ee

other hymn, lining off two lines at »

-— sy

“At 11:50 the black cap was

not unnerved in the least. '

12:20, when the physiciaos ‘pro-
nounced him dead, it was they. car
ried. in the jail and placed fa the
coffin. © ot 88 Oe eS
The gallows was bored in so that
when the trap'was sprang his body
dropped from sight The fall was
eight fent_but—the—neck—was not |
‘broken, yet the physicians any it was
only twelve minates until hfe was
‘extinct,’ gt aoe

- When the trap fell there-arose one}
loud scream from: the multitnde
without and several colored women
fainted. —

| for no one-else-bad been bang here

my soul,” after which thé. ministers|:
prayed for him, he listened with |
atmoat stolidity.. He then sang an-|-

time and then'singinx, alone, .... |,

Jones’ family came in Friday. to
bid him good-bye. His father and
two uncles, w&e came from Duncaa-
ville, Ga, to see him hong, were not
at all moved, but his mother, Aon
Jonce, and hie two little brothers
appeared terribly stricken with grief
and were crying aod moaning all
day. . ‘The mother said that it secm-
ed hard that so many other people
had killed others and that her son
should be the only one to be hung

in over twenty Jong years. .
A reporter of this paper saw Aler |,
Jones, 8r, father of the boy,‘ on],

Friday evening and he atated that he
\knew it was-the Jaw and that his}:

clied to1t, He also stated that be

doctors wanted Alex’s head and an-
other wanted his body bat that he
was going to carry the -body home
and bury it and that he would watch
»{over it with a shot gan and protect
it. “Yes, mr,” said he, “I knows
dat Alex is a big portly fellow, and
dar’s lots of greaso in him sad be
head full of brains, bat boss if any
‘lof dem doctors want dat grease .or
dem brains dey will bab to take dom
from uoder my gan. Ye, sar, I's

son must be hang, so he was reoon—|'

had heard that one of ‘the joung]

i|gwine ter watoh over Alex's body

over his head, he-stil! being firm and |.

| At 11:56 the trap was aprasg and|
all was over. His body huog until!

"sill it ap'ila.””

TALLAHASS EQ

hangedTallahassee, Florida, April <8, 188

_| thought bis prayere

-— ee Fr — ew we - - ~

~~ owe

[excbahatd sco,

CO!

T A Tattanasexzam reporter spent
ao hour with the doomed man ia his
cell late Friday afternoon, He
} talked freely, was in «:collent spirits
and even langhed and joked sboat
trival matters. He said that be
Snswered
and that God had forgiven him. and
that he would: go. to. heayes. He
gaid that be partiodlarly wanted us
to let everybody know how kind
Sheriff Pearce. and the jailor had
been to him and that his own family

.|coald not bave treated bim better, ©

-~Dpon ‘being asked f he weald
like to write something to be printed
in the TaLLawasseRam after he wae
dead be said that be woald be ghd
to do a0, for he wanted to say. good-
bye to his frienda and: thaak. those
who had been kind to him. “We

A My Dear Friends—I ams guing to leave
|| you ali and I want to bid you all good-
‘}byw. IT am ready to go. It fe good in

you all to remember me and I hope you
will take warning from the end- that I
die,

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Mas 2, 19°F

—_— a

Inmate
oranted
stay

By DAVID GREENBERG

Sun staff writer

STARKE — Edward Dean Kennedy was
given his last meal and his last rites — and
then he was given a stay of his execution by
the U.S. Supreme Court.

The indefinite stay came just two hours
before Kennedy, 46,
was scheduled to die e
in the electric chair at U.S. high _
Florida State Prison
near Starke. court

Kennedy appeared delays
ready to face his fate
when the news came. execution
He had just eaten his
last meal, a steak and baked potato, met with
his attorneys for what he thought was the
final time and had the last rites performed
by Iman Rabbani Muhammad. Forty-five
minutes later, word of the stay reached the
prison.

“TI don’t feel anything because I was ready
to step to the other side,” he said. “I was
ready to go.”

Kennedy has been sentenced to die for the
1981 Jacksonville murders of Floyd Cone
and Florida Highway Patrol Trooper Robert
McDermon. Kennedy, who had overpow:
ered a guard at Union Correctional Institu-
tion near Raiford, hid in Cone’s Jacksonville
trailer. When Cone, 32, arrived, Kennedy
held him hostage. And when McDermon, 35,
came to the door of the mobile home, Kenne-
dy shot and killed both men.

Floyd Cone Sr., the father of one of Kenne-
dy’s victims, has stood outside Florida State
See STAY on page 3B

Florida

™" REGION

Saturday, May 2, 1992

Che G

THE NEw YORK TIMES INTFRAIATina:»»

STARKE, Fla., July 21 (AP) — A 47-

- year-old man was executed in Flori-

da’s electric chair today for killing two
people after escaping from prison in
1981.

The condemned inmate, Edward
Dean Kennedy, was led into the gray
execution chamber at the state prison
here shortly before 7 A.M., was
Strapped into the oak chair and said to
the witnesses, ‘“‘Peace be with you all.”’
The prison’s superintendent, Everett
Perrin, nodded to the executioner, and
2,000 volts of electricity was sent
through Mr. Kennedy’s body. He was
pronounced dead three minutes later.

Mr. Kennedy was serving a life term

THE NEW YORK TIMES NATIONAL wepne_spay. JULY 22, 1992

_ Escapee Who Killed 2 Is Executed in Florida

for the 1978 murder of a Dade County
motel manager when he escaped with
two other prisoners from the Union
Correctional Institution, about 30 miles
north of Gainesville, on April 11, 1981.

Mr. Kennedy fled to the town of Bald-
win, where he broke into a trailer home
owned by Floyd Cone Sr. He was
changing clothes there when Mr.
Cone’s son Floyd Jr. and the son’s
cousin Robert Patrick McDermon, a
Highway Patrol officer, drove up. Both
men were killed in an ensuing gun
battle.

The elder Mr. Cone, among the wit-
nesses at the execution today, said he
had forgiven Mr. Kennedy. But he said,

“Justice has finally been carried out
after a far too long delay.”

Mr. Kennedy came within two hours
of execution in May but won an indefi-
nite stay then from the United States
Supreme Court after contending that
his trial lawyer had been ineffective
and that the judge had given the jury
improper instructions.

But after hearing arguments oh the
merits of the appeal, the Florida Su-
preme Court and a Federal district
judge turned down Mr. Kennedy last
week. On Monday a Federal appeals
court and the United States Supreme
Court also rejected the appeal.

Mr. Kennedy became the 29th person

executed in Florida, and the 177th
around the country, since the Supreme
Court’s 1976 ruling allowing the states
to resume capital punishment.

Utah Inmate Denied 2d Hearing

Special to The New York Times

SALT LAKE CITY, July 21 — The
Utah Board of Pardons today denied a
second commutation hearing for Wil-
liam Andrews, 37, who is to be executed
on July 30 for his role in the murder of
three people during a robbery at a hi-fi
shop in Ogden 18 years ago.

The board, which voted in favor of
Mr. Andrews’s execution three years
ago, said his petition and supporting
documents for a rehearing “failed to
raise new and substantial issues.”

‘Los Angeles Dep

LOS ANGELES, July 21 (Reut
An independent panel investigati
Los Angeles County Sheriff’s D
ment has found ‘‘deeply distur
evidence of deputies’ using exe
force.

In a report issued Monday, the
described deputies’ use of baton
heavy flashlights te strike suspec
the unnecessary use of police d
arrests. The report said “too
officers” have “resorted to unr
Sary and excessive force.”
Former Judge James Kolts o
Angeles County Superior Court hi
the six-month inquiry at the requ
the Los Angeles County Board «

pervisors, which was concerned t

BLA ei

i iin

i dcdonlt NY aN cl od sae ¥

t t us
Ped whe TT m

Tallahassee Democrat/Mon., July 20, 1992/5C

EXECUTION

ee eeeeevesees

oe reeeoeevosesee

Victim’s father waits
to see inmate die

Floyd Cone’s son was
murdered more than |1
years ago, and he’s still
bitter, waiting for the state
to execute the killer.

By Ron Word

Associated Press

JACKSONVILLE — The
way Floyd Cone figures, Ed-
ward Dean Kennedy has lived
11 years, three months and 10
days too long.

If Kennedy goes to the elec-
tric chair Tuesday, that is how
long it will have been since the
46-year-old inmate murdered
his son, Floyd Cone Jr., and
Florida Highway Patrol Troop-
er Robert McDermon.

Cone plans to be at the Flor-
ida State Prison near here
Tuesday to watch Kennedy die
in the electric chair.

Kennedy, who has survived
three other death warrants,
came within two hours of exe-
cution in May. Cone drove
home angry and bitter — won-
dering if justice was ever going
to be done.

“I just want to see it hap
pen. ... The man, what he has
done, deserves the death penal-
ty,” said Cone, who lives in a
suburb of Jacksonville.

“I won't believe it until the
doctor pronounces him dead. I
just want to get it behind me as
quickly as I possibly can,” he
said.

Kennedy had broken into
Cone’s mobile home about 25
miles from the prison and
killed both Cone and McDer-

FLA DC
D

A066 650
JAN t2 1982

Democrat files
Edward Kennedy says he
wants to make peace.

mon in a shootout with the
trooper on April 11, 1981.

Kennedy, who had received
last rites before the execution
was postponed in May, issued a
statement, which said in part,
“I had made peace with every-
body but Mr. Cone. I hated to
leave the world while he had so
much pain and anguish. I wish I
could have made it right with
him.”

But Cone, who said he had
received a letter from Kenne-
dy’s attorney, said he had not
received any apology from the
inmate himself.

“In 11 years, he has not
seen fit to apologize,” Cone
said. “If he asks me to forgive
him, I probably will. I don’t
hate him. I hate what he did. I
am bitter.”

STAY

Continued from page 1B

Prison for all but one execution since
1981. He was on the state witness list
Friday, so he would have been sepa-
rated from Kennedy by only a pane
of glass during the execution. He was
shocked and bewildered at the high
court’s decision.

“Frustration, disappointment, dis-
gust,” Cone said, “I don’t know how
to describe it. I don’t know what the
court was thinking.” .

Before the stay, Cone talked about
how the execution would bring some
closure to his son’s death.

“I’m feeling that this may end this
Phase of our lives,” he said. “We can
get on with our lives, but this isa void
that will never be filled.”

Even Kennedy’s court-appointed
attorney, Billy Nolas, seemed sur-
prised at the high court’s action.

“For this U.S. Supreme Court to
grant a stay now is a great relief,”
Nolas told The Sun. “This has to bea
good sign.”

Nolas was not certain why the stay
was issued, but he assumed it had
something to do with his argument
about the sentencing hearing. Nolas
claimed that the argument made at
sentencing by prosecutors that the

crime was heinous, atrocious and
cruel was too broad and general. And
he said the trial judge did not allow
defense attorneys to explain to jurors
that Kennedy was under extreme du-
ress during his escape.

“That was the heart of the de-
fense’s case, and the judge did not
allow it to be heard by the jury,”
Nolas said.

Nolas tried to get the original trial
court in Jacksonville, the Florida Su-
preme Court and federal district and
appeal courts to consider the issue in
the last few days. He managed to get
the Florida Supreme Court to delay
the execution, which had first been
scheduled for Wednesday, but was
unable to get any court to hear the
motion until the high court ruled Fri-
day afternoon.

The court could lift the Stay at any
time or hear the appeal Monday,
both unlikely, according to Nolas.
Kennedy’s current death warrant ex-
pires Tuesday, so it is unlikely he will
be executed now.

Méanwhile, another Florida Death
Row inmate is scheduled to die
Wednesday morning. Nollie Lee
Martin was sentenced to death in the
1978 Palm Beach county kidnapping,
rape and murder of a college stu-
dent. Leon County Circuit Court will
hear an appeal on that sentence
Monday morning.

KING, Wayman, black, hanged at Pensacola, Fla., on March 9, 1700.

"Wayman King was hanged in the Jail yard this afternoon, At k2:10 o'clock the condemned
man was brought from the cell and escorted to the gallows by Sheriff Smith, Deputies
Frank Sanders, Hal Cowarti and Aaron Kelly and accompanied by Father McCaffery and Father
English of St. Michael's Catholic Church, Chaplain H. W. Jones of the navy yard and five
- colored ministers walked up the 1) steps to the elevated gallows, Originally there were

13 steps leading up to the gallows, but at the request of King an additional step was
added. :

"Having ascended to the platform, Wayman King, dressed in a neat new black suit, looked
around at the assembled mltitude in thejaily yard, in the streets, on bildings for
blocks, away and with calm indifference said he would like to shake hands with people he
saw areound him that he knew. At his request Ed, Goldstuker, James Farinas, Frank Benja=
min, Fred Humphreys, Andrew Bolline, Dr. F, G, Renshaw, C, B, Parkhill, Dr. D. W. McMill-
an, Ae M, McMillan, in turn, came up and shook hands with the condemned man, At 12:20
a colored minister ascended the steps and he and Waymna King knelt while theminister
prayed fervently that the soul of King might be saved, Hans Kelly and Ed Amos then went
up at the request of King and shook hands with him, Sheriff Mitchell of Santa Rosa Co,,
who captured King, was near the gallows and King saw and called him up to bid him goodbye.
At 12:28, in a low, calm voice, he addressed the great throng of people, saying: ' White
and colored Gentlemen: I am sorry to be in such a terrible condition, but am glad to know
that I have made peace with God, JI have lots to say but my time is too short, I am sur-
prised to see so many colored people laughing and pointing at me while I am in this terri-
ble condition, Every one of them will have their day to answer for this, I did not get
justice in my trial, ~ think it a mst horrible thing that I should be hanged when
“euben Harris who killed Officer Yelverton was let off with life s&ntence in the peniten-
tiary. A¥X¥H There was no justice in that, As to Sheriff Smith, I think him the best man
for the office. he has been very kind to me and has given me everythire that was in his
power to give,' His voice then became so low that the reporter could not catch the close
of his address. [Engineer Caro, a member of the jury who convicted him, C. Moreno James,
NarsBak Frank White, Nic Giardiana, John Thompson, Conductor Geo, White, Julius Menko and
C. P, Robe were then in turn called for and shook hands with King, ‘he com emned man
then calmly lit and smoked a cigar, and as he smoked he called for and shook hands with
Enginer Sizer, looking around and smiling at the crowd, He then called for a chew of to=
bacco, Aaron Kelly handed him a piece but he did not like the brand and gave it back,
Several pieces were tossed up to him and he finally found a piece to suit him and chewed
it vigorously, At 12:52 Father McCafferty read to him from the Bible, He then called for
a glass of water which was brought to him by C. Pe Robe, At 12:58 Father McCafferty held
the Holy Crucifix to King's face and administered the last rites of theCatholic Church,
He then shook hands with the holy father, stepped upon the trap, his hands and feet were
securely bound by Deputy Sheriff Aaron Kelly, the noose was fitted around his neck, the
black cap was put on, and at 1:05 p.m. the trap was pulled and Wayman King went down to
his death, City Physician D, w McMillan put his hand upon the pulse and felt the life
flutter away. At 1:10 p.m he pronounced him dead and he was cut down, put in the coffin,
and carried into thejail. Thereit was found that King was not dead, but was breathing in
jerks and uttering smothered groans, By order of the sheriff, King was taken back to the
gallows, a newrope was rigged, the noose wasreadjusted and at 1:29 p,m, the trap was
pulled the seoond time, At 1:0, Dr. McMillan declared him dead and, after hanging four
minutes longer, he was cut down at 1:9 p.m The body will be buried at 5 o'clock this
afternoon, here was an immense throng of people in town to see the execution and they
were massed in solid array in the streets, aroum the jail and were hanging on thick from
the tops of buildings for several blocks around = wherever a view of the jail yard could
be had. When the drop fell several women in the street fainted and others shouted, sang
hymns and raved in an excited manner,

"HISTORY OF THE CRIME

"The crime for wiich Wayman King was legally executed today was the mrder of Victoria
Watkins on September 16th at a house near St, John s cemetery. It seems that King and
the Watkins woman had been keeping company for somé time and i frequently urged him to
arrange for marriage, but he put her off from time to time, inally, on Friday, Sept.
15, having grown tired of his procrastination, the Watkins woman jalted King and told him
that she would not talk about miarriage with him again until he displayed some interest
in getting ready for the event. King begged her to reconsider her verdict, but she was
obdurate and King finally told her that he was going to leave town that night, but wuld

make her sorry she had refused him before he did leave, King did not leave town that night
but returned to the house several times Saturday morning, Sept. 16, to arain press his
suit, but the Watkins woman turned a deafkear to his pleas. That afternoon he returned to
thehouse again and it is alleged that while thewoman was sweeping in one of the rooms he
shot at her through the open window, using a llecaliber pistol. The ball entered the
left side and penetrated the woman's bowels, She was carried to the infirmary for treat-
ment and died there at 10 o'clock that night. King escaped, but was captured near Milton,
Sunday, September 17, by Sheriff Mitchell of Santa Rosa county and was bourght hene that
night and lodged in jail, In the circuit court, Dec. 7, 1899, Judge J. B. Wall, presiding,
XSUWA Wayman King was found puilty of. murder in the first degree, He was later sentenced
to be oe and today he paid the penalty of his crime," DAILY NEWS, Pensacola, Fla.,

m :

~ 3-9-1900 (lel) ‘ a

According to death notice in NEWS, 3-10-1900 (8/1), King was 38-years-old.

MEDIA ACCOUNT
OF TRIAL: ©

MEDIA ACCOUNT
OF EXECUTION:

METHOD: /A/4#4 6/6
STAYS OF

EXECUTION:
EXECUTIONER:
WITNESSES :

RITUALS :

LAST WORDS:

OTHER INFORMATION:

Me reeuesTen

He was Huve awd whew “1 was

iT woulo bE A 6oob IDeA To

This was The

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Bald he Seattle bo! a i

Tés7eo joting Ly Remrckeo
put 4 wegeo owl Tr Treg 17.

jw (0 Y EARS

CAPITAL PUNISHMENT DATA SHEET Miw

Flopi pA
STATE INVENTORY #
OFFENDER: SOURCE OF DOCUMENTATION
NAME: WAY WAV K iv 6 (TITLE, DATE AND PAGE)
RACE: Ww Tan pA Fre. Save
OM : :
SEX: a by Re mae ch 10, 1700 /*)

OFFENSE: “4@DE2

DATE EXECUTED: M4@cH J, (700
county: €scrubia (Co.

AGE:

VICTIM:
NAME: V/Cloera WATErws
RACE: Ww

SEX: F

AGE:

RELATIONSHIP a
TO OFFENDER: ° “?&/A eee

BACKGROUND
INFORMATION:

DATE CRIME
COMMITTED: Sept (E77

DATE OF
SENTENCING:

DAY OF THE
WEEK EXECUTED: )% 1a

OFFENDER
RESIDENCY:

MEDIA ACCOUNT
OF CRIME:

Me SheoT hie AT Kee None ther She Refuse ao To
MARY Hie -

he Yo ee
om | ernment officials
= | here Tieliss to

ghee eee Receres

=a\Summons | |
A Officials

4: To Meet

By RAYMOND ¥

U . Press ational’
AUG Ga. (UPI)— Presi-
dent wer agreed today to

join in aj proposal for a summit

confere at Paris in mid-May.
He also '‘summoned) 10, high gov-
to ja, conferemce

Giscuss the gov-

ernment’s nuclear program ;in
1960 along. with other foreign and
ictense icy ma’ . This méet-
ing presumably will deal with the
‘current

t working day of his

' t meeting. a
States, Great Britain
dnd originally suggested

atiParis to s April 27.
pint vo sh-

to a meeting but sug-
21 or May 4, dates
which co ted with plans of
Western Nations. .. » +
White H ‘pews secretary
James C. Hagerty said Eisenhow-
er had advised Herter that a meet
ing in Paris in mid-May was satis-
factory if Britain and France also

. Paris sources set the date
as May 16. .

Hagerty gyre Piet that
agreement on that.
had been reached but a
is no obstacle to that date as far

Asked if the discussion
include the expiration Tuesday
this nation's self-imposed

of Rolle

of Jobnujon' Ati
in the many leads

blockades were throws up
Florida Highway Patrol 0
roads leading out of Palatka,
pearly an hour had elapsed between
the shooting and the time the road
blocks were put into action

Bloodhounds trailed some
thought to be Johnson,
north of Palatka

Da f

wanted for the thurder of Palatka
Policeman Glenti

to remain free €

enforcement

ida arp on the lookout for the 5 foot

3 incl, 140 pound i 3
have down hun ot Weds
in.thd 190 Bays singe the ge
convict from the State Pan’) at

Raiford fired the fetal bullet into|
| Faulk dpr-|:
hint 08

‘ my ee cat 1 eas
bs - a" ithe ‘
wy Ba te 4.? «*. ce 4, Br Page, tP® y+
SAL 2 ab Pd fee nee! v.
; J a PAE | RED treme hes
‘ : oc & ‘ ‘
AB rl an
*y t .
’ oa oe ’ A ;
Sth atee
re 3 : <
a) 8

TREE.

, 4

_ 2
; 7

f
i

ALTE

Oak St. where it deadends

abd the two vehicles Pap og
headon. There is. ray

orth

8.
be

. §F “8 fa pF be
deives Werechatged wilh
to right ¢ way by

“each car Was esit-

.
%
wee
ote
li

sing

vO er

PUP sw

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Behold, I bring you goed tid-
Of great jey,
fa all people —st,

ee rey Ay

“<2: es fae
" ae i > » y aK ge i ae es
. ae . o. uF Ae 4
& ves a Pt 7 :
2 <

fam | ernment officials
gm | here Tuelhay to

which a
3 Albert
1 to pass
las Ware
yho Was
and ran
car,

had his

jSummot
4\ Officials

|aetense
Ang presumably will deal with the

onday, Dec, 28, 1959. °°

‘
+

s
'

‘

To Meet

By RAYMOND Y

U . Press rnational
AUGUTA, Ga. (UPI)— Presi-
dent wer agreed today to
join in proposal for @ summit
confere at Paris in mid-May.
He also summoned) 10, high gov-
to ja, conferemce

ernment’s nuclear program ;in
1960 along with other foreign sind
cy matters. This méet-

current
eapons,
In the
Wwear-end
sident
of ta
y telephéfe about dates for the

proposed # t meeting.
| The United States; Great Britain
and originally suggested a

eeting atiParis to s April 27.
viet Prefhier . 8. sh-
hev agr to a meeting but sug-
ted April 21 or May 4, dates
which co
Western Nations. .,» | +!
White H ‘pews secretary
James C, Hagerty said Eisenhow-
er had advised Herter that a meet
ing in Paris in mid-May was satis-
factory if Britain and France also
. Paris sources set the date

as May 16.

Hagerty og Pea that
agreement on that
had been reached but ie
is no obstacle to that date as far
as we're concerned.”

on testing nuclear
h expires this week
t working day

ay visit here, the
onferred ‘with Secre-

Da
wantéd for the thurder of Palatka,
Policeman Glenn
to rem
enforcement

Giscuss the gov-| |

of his | Sadi

Chriatian. A. Herter}

ted with plans of the

I
.

uel. Jobnéon, | alias Jercne.
41 year old Negro who is

Paulk, continues
ain free even though law

all over Flor-
» on the lookout for the 5 foot

hundreds
o mre

bullet into

to have been the '

NE 8 PN
The ‘hight of t!
blockades were
Florida Highway
roads leading out
pearly an hour had elapsed between
the shooting and the time the road
blocks were put into action.

Bloodhounds trailed some

aE od, ee ‘ kh.
Makers RES Pai, Ste
4 "oy on er
$ ra} _
ae os
‘War Doh

Search Continues

Policeman's Kit

ler.
the ener een

is ‘ me 2 ou 4,
” P rh ’ «
Contracts: »+.-
' Bo PEt wes
rs st a ae &

is
%

thought to be Johnsoa, i
ee eth ce Palatka to the

at Valley Heady Earpeat Parks,”
master at Scottsboro, and Mr. Cloud,
postmaster at Shefficid, are all natives
of the State.”

“B.S. Perdue, postmaster at Green-
ville, is an ex-Copfederate, while Cap-

augoan Tender Resignations
day our store

will be b 4 Mrs, Elliott Gets a Berth,
\ @ D. W. Puckett, general detivery clerk, and
closed Monday, Se Pt. | 1. b. Vaughan, who hes been acting stamp

‘ k,
2 ao Blach . sons: mavier Hughes searerday attest Paes

they were accepted,
Mre, M. T. Mittott hes been appolated to a

Rate, 1912-1914. First

‘avenue

. We offer for the next few -
days 50 sets CE. Jen-
ming’s beveled-edge Chis-
Gls at $4.25 per set of
- twelve Chisels, guaranteed
the best quality, We also

port full dine of Turn. —

hisels and Gauges,
». and Starrett’s Machinist's Ss”
Tools. Call and me
our sack

Prowell Hordware Co.
3912 Second Avenue.

decineiedinciadiedicl tt BB A 0

eRe Te ee

M. WISE & CO.,

Mortis Ave. sed 20h St.
© year Sa McBrayer $3 gallon.
6 year old McBra Sc full qt
Agents for Call eat Claret,
Superb quality soc per gallon,

ban. acing Prices

Our immense holiday stock
arriving avd we must have roo
Thousands of dollars worth of sta-
le Houau bots G90ds to -be sacrificed.

ig how
room.

Tieware.

Pte plates, 2 and...

Galvanized Ware.

Glassware.
Glass seit and pepper. “theke Pra.
Bewwwies cot glans pattern Salid

Se
peel pattern Viverar of oll
A

Pall sized fumbiers, net,
ets, set

Specia)

Laccp astute, brags burner. we
madeh lamp, $3..

Thousands of bargatos in Crocke
Glassware. Tin | Grapiteware te
make room fer the largest _felidar
— we have ever received.

——-@

OL & ARRAN

BOYELTY COMPANY,

./ 9@32 Second Avenue.

= ‘ow your ery to _ save
er... :

eikeees i
Ww fn te
4) 3
ee “ Be ; ult

=
oH
eu

Bie
ated Poreclain Dinner set, 96 ps,

poaltion Im the office gnder lostructions from
Washington and will assist the register and
Weneral delivery clerks. Mra. Etilott Ja the
wite of Mr. A.B. Pitiott. She i) well known
socially.
Expecting alarge trade |
this fall we purchased
largest stock of
en's Suits than. any
Previous season. Ele-
gant suits atlow prices.
We like to please our
friends. Louis Saks,

TELEGRAPHIC TIPS,

The gun> boat ‘Wheeling sailed for
| Hawail last night with dispatches,

Reports from the tobacco country
show 40, per cent injury: and the mer-
chantable weed bas gone up $1.50,

Republicans of Kings county, New
York, nominated Walter T. Atterbury
for Sheriff over George W. Palmer.

The Ohio Democratic
ed at Cineinnat!
were 3,000- present.

Campaign open-
last night. There
Allan. Thurman

-| presided and Democratic nominee for

! Governor Chapman made the leading
speech. :
Vernon Hill, the 14-year-old son of
Robert Hill, of Richmond. charged with
the killing of Stanford Nelson, a negro
boy about his own age, was tried yer. |
‘terday Wi the feialings t

| qnitted,

The United States erviser San Fran-
cisco has just left Tangier, Morrocco,
aod report has it that Uncle Sam’s ves.
Foe is will be went there unless redress
| for the flogging of American solos at
Madeburg is forthcoming.

Hoo. W.-L. Wilson, President of the
Washington and [ce : University, at
Richmond, yesterday Woe a check
for $1.000 frour Hon. Whitner.
of New York, to be a ptea to the fund
for the vrection of the Tucker Memo-
rial Hall at the university. :

‘Virginia Domictau ratitied their
nominations at de dare last night.

Hon. J. Hoge Tyler, of Pulaski. nom}.
nee for the Gov -rnorship; Hon, W, E
| Se hols, of Staunton, nominee for Liev-

| tenant Governor, and Hon. J. Mon-

tague. of Danville, nominee for Attor-
ney General, made speeches,

Sylvanus Jobson was hanged at
Key ‘West, Fla.. a 11:22 o'clock yester-
day for rape. The hangman bungled
the execution, the knot slipping under
the chin. Johnson struggled violently
for ten minutes and was still alive at
the end of twenty-five minutes. He
confessed his crime, profeased conver-
slop and died forgiving and blessing
his enemies. An orderly crowd wit-
beseed the execution.

NOTICE TO SUB.-.
SCRIBERS.

As the time for chang-~
ing places of residence
is near at hand, you
will peasy oblige us
ny pt fying | a car-

/* “How about W. RK. Pettiford?”

rtand ac-| o> Consut

tain J. M: Hines, who occupies the
same position in Decatur, is au old
Union soldier. Rev. #8. J. Pilley, post-
master at Troy, is alao an cx-member
of the Union army, Miss ae ape
who has been appointed! postmistress a
Tuskaloosa, we ‘native Alabamian. | by ete ad
Frank Simmons, Marshal of the South- “ ote digo sats
erp District, is aleo an Alabanulan. Col. | least. food oe Sj
M. D. Wickersham, United States At- sonal wend ee
torney for the Southern District, is an Alter this the ate
ex-Union soldier, as is Captain Robert that the Pharache ¢
Barber, Regigter of the Land Office 10} oye of £188,000, 00
Montgomery. mines in the Bish
“H. VY. Cashin, Receiver of Public | ap equal sum by
Moncys in Huntsville, and J. C. Latt-, erate. Bot when
witch, who occuples the same position: ble writer—who
at Montgomery, are natives of the; when an
State,” : | men—comes to de
“Who do you think will be Collector | Jets himself go. Th
in Mobile?’ asked the reporter. of var bods ee
“He has not yet been appointed ani ee oo gg
I donot know he will be. P. D. Baker eat ie eee :
will be postmaster there, and J. F; a Tons
Bishop will be postmaster at Gunters- ae of. hee
re talents, upon whid
“How about Coneulships?” 800 talents each,
“A. B. Jones, of Guntersvile, will 1,200, 600 and 600
be given a Consulghip, but to what
place I do not know.

ments of a single
about. £11,000, 000,

“What do you thirk of the chances
of Robert L. Houston?”

‘Was covered with g
It bas been calcu
“I believe he will also be given a
Consulship.” ees

of Nebuchadnezzar

would be worth £

i treasure left by

“ | £150 ,000,000 in go
Iam sure that } he will be be abl cceiperces
“ lent is doubtful, We

idle will be postmaster ut Besse | eua, seemingly a p

= ; < Phrygia, entertained
‘J.C. Wilson. | army, “with most
“Pratt City?’ ee

Had. Prince. You might say ‘that!

&s sGme compute, Sf
about two hundred fourth-class Post: | of ‘Rexander’s loot
masters have been appoinred and will | of all, and that is bh
recelve their commissions within a tain doubts, it iq fu
week.” _. | avhen the statement
- In speaking of the appointees who aro | | the means of dispro
native Alabamians, Mr. Vaughau/ In the Persian camp

might have mentioned himself, this! Son,Alexander secu

Stato being bis birth-place. £10, 000; 008: at Pe

00; at Pasagurda,
Monday, Sept. 27th, | 200, at Echatana,
our store will be closed | pelyes bale nc G
on account of Jewish : —icndon Standard

holiday. J. Blach & |
Sons, One Price Cash. We
Clothiers, 1912.

Paintipg oar picty

First ave. : and with a brush, ad
Subscribe to the "Bisalaghar News. pape error of yeste

Life Marks
are not writing
1914’ tive does not wach {

Delivered) anywhere in Pratt’ City, | apother colcr today
Besecmer, Birmingham, or their su. | ar lives with a ct
burbs for ten en cents a week. and every time we

= eae: ; leave a mark thas is
BICYCLE. COMPANY FAILS abbots DD.

;
+
$
i

Mismanagement and Lack of Harmony
the Prime Cause. woh:
Richmond, Va., Sept. 23—Lae Ric n-| whale pieoe and
mond Bicyele Company je in the hards | end, in order that you
of a receiver, The liabitities are $x7.-
000, and estimated aapets $09,000, Most
of the creditor are fully protected by
mortgages on rea} and personal prop-
erty, The cause of the embarrassment
e due primarily to mismanagement| Great Darga
and lack of harmony between the mem. Sepecten t,
bors of the board of directors, : ao

Tooth | Brushes, 15c,/
Sloe fy pelle ra

armac
0 pi ee

CAPITAL PUNISHMENT DATA SHEET

Fleepn

STATE INVENTORY #
OFFENDER: SOURCE OF DOCUMENTATION
NAME: > yl Vawus Jo hase (TITLE, DATE AND PAGE#)
RACE: J/ZER 0 a Te.bure

Aim [as

SEX: /))) /£ , | / ; gis

f ar ae - - - .
OFFENSE: (’/)/2 : Gen) &- 73 (8 oye

| am _ id a ee
DATE EXECUTED: 62/7. 24, /¢9'/ Cexeunia F - eS fe 7 ht eZ

COUNTY: MeMeoz - ey Wes?

AGE: Mot 6) fEW

VICTIM:

NAME: Ve Sf /YAEC/E Arwe G
RACE: W/4//7 =

SEX: Zé LE

AGE: Mave MeTEY?
RELATIONSHIP

hai \ TO OFFENDER: y/o 4/22
BACKGROUND | | vie
INFORMATION: Ta, HVS ard ENCOUNTERED / Vi SATWELL Ave TWO OTHER WOMEN A60¢/ 7 WO
4) Jc CS Ov MDE TA . : CS TY AS THEY vy Eye é - WHALEN , Aion, yi

DATE CRIME, — 5, 5,5
Vv COMMITTED: «/y/e 25 iad,

DATE OF
sentencine: 4/6/57 //, /$7']

DAY OF THE 7
WEEK EXECUTED: //< DAY

OFFENDER
RESIDENCY: K2Y W257, £L4

MEDIA ACCOUNT
OF CRIME? Fy)oee pomtn, wtivoWe lus, PYWELL WERE Wilke Wie THe Spe PotDS, wh EN
4 y]
Serisonl BEAN CURSING And PuRsyWé THEM. HE nin neey ATmCKED IRS. Spo € La bp L, £07 Mes
WIWELL CAME 7 HER Assisrane E. Mes, Fla L hed THE OTHER. ddemAn CONMAMED td THE fericves)
ESCAPED. JoypSon) THEN ASGQULTEDI YS, HIWELL Aaw f TEMPTED To Exthpe, TWE Twe hom Gd

Whe ESCAPED hho LY Typ) pepe

V4) Fp ~ as i
TEO Towns Lit, Ao VONM DS WAS PER WwW EQ [MENTE ky bod FintéD,

MEDIA ACCOUNT — i :

Re
OF TRIAL: Ou fucvs7 I, PID, Tooee PHILLIPS Aphonst@n WS Ot to Peter <Toywson! mA

ANTRAL SET Fon Tht ALT be Wbm. Ar 2 pm THE TRL BEEN, Ht EXAM WATION OF Wi) TH ESSES Pkwle
oney A LEW MM ULVTES AS THERE w/ExE wont Lac tHe DEFEME. [IRS ATWELL LOSTMUELY
WEWTNEAED:- To phiSoi AS Wen bspjiAT, TWE Ture Y WAS ov LUT A Shout TimE Ard RETVAWED A

‘ . } daa
pani Fal Oe WHEREYPOW TVO6E PALUPS SEuTEICEO ToHWSON 76 bE Hale £0, IWE DE tI
Aten ts abcOunt WE Wile cEHEE Auld EXAREME B)Sc~ym Whe. THe Ewmee cise <zom Chvel

OF BRECUTIONS (Se orptee jibe beLoh) LEME TON CWE HR Hud Leer MmMuttE.
° o ‘

mE THOP: Hani 6 1016 mes. Me

STAYS OF |

EXECUTION: A4vé A476

EXECUTIONER: §/A/-0)fF KW) C/T oF
Pon R0E County

NEINESSES* Zs, MALoney pu Yaeris

BUS To Ha/Son/ SANE “WEARER, MY 600, To THEE” wyjté BEME LED Rem
THE JA/L Jo THE Sch hoth, fu h SHotT BIDRESS, WE BLESSED Alok cAVe o

yan
rere

Atl THE QFEICILS, HIS Lat /EWOS Mio WIS ewWém)ES Ald Ca tL WED WITS Hyg
LAST winoy wa

LAST WORDS? “OY) “ATHER, Z wite BE IW THY Keom Soon,” le

i
}

OTHER INFORMATION: /7t0/A Hecr of Extcvions Wigess€S TNE WAlénll YATEO To piso LYED Ar
LEAST AO mMWTES AYTER THE Diop Lele pub WE DIED of SHepslébiation

CN, Mbt A BRouen NRK,
THE KobE Hao StiPhED Leom 16 Posrmall pub HIKED im, THE ACCOM Sere Web Wh
Q,
CVEHT Leet, Win E WEY EC | : dee

CRESCARCHER CMMEWT? IT 1 WEREDILLE He WET DID NOT be Ale. Wie

| WE Kec é oF Wis bapy FRum6
COST Wwe LEET fda )

RESEARCH ED BY? Tack SUATANS

JOHNSON, See hanged K EE oo ee tp ge eS
on 9a13-18974 7 © oe lakes gt BA

Sylvanus Johnson Executed at Key
West. for hape.

Was the Cause of Key

‘ West's Rict.

In it One Man Was Shot and
Others Hert ;

Ina Speedy Trial os Gow Johnson
was Tried and it Took Juty Two
Hours 4@ Convict Hime.

Key west, Sept. 23.—Sytvanus Jenn-
go7 Wes executed at qac52. He strog-
gied for three yainutes vigiently, qnd
pgcin after ter minutes had elapsed.
“Fwenty minutes affer the drop fell he
was Stilt alive. The drop was @ ht
fee} nine inches. The rope Si!p ed eyo
tne ar to the chin, and he died
of Strangulation. Sf Nese

He waa led from the jail to the «ca€-
fold hy 40 deputy sheriffs. Singing
“Nearer, My God. fo Thee” In bis
Short addyess he blessed and forgave
ait the officials, his friends and hig -ep-
@ginies, and ¢o. 7- “Oh, Fatner, I
wilt heim Thy kingdom Soon.”

"The dlack cap Was adjusted and the
trap sprung dy Sheclff Knight. | Dps.
Maloney erd Harris were in attend-
gree

History of HIS Crime —

yt
.

1992

22,

SDAY, JULY

~
«

THE NEW YORK TIMES NATIONAL WEDNE

FLORIDA EXECUTES.
MAN WHO KILLED 2

Inmate Serving Life Murdered
Victims After 1981 Escape

STARKE, Fla., July 21 (AP) — A 47- |
year-old man was executed in Flori-
da’s electric chair today for killing two
people after escaping from prison in
1981.

The condemned inmate, Edward
Dean Kennedy, was led into the gray
execution chamber at the state prison
here shortly before 7 A.M., was
Strapped into the oak chair and said to
the witnesses, ‘‘Peace be with you all.”’
The prison’s Superintendent, Everett
Perrin, nodded to the executioner. and
2,000 volts of electricity was sent
through Mr. Kennedy’s body. He was
pronounced dead three minutes later.

Mr. Kennedy was serving a life term
for the 1978 murder of a Dade County
motel manager when he escaped with |
two other prisoners from the Union|
Correctional Institution, about 30 miles
north of Gainesville, on April 11, 198).

Mr. Kennedy fled to the town of
Baldwin, where he broke into a trailer
home owned by Floyd Cone Sr. He was
changing clothes there when Mr.
Cone’s son Floyd Jr. and the son’s
cousin Robert Patrick McDermon, a
Highway Patrol officer, drove up. Both
men were killed.

The elder Mr, Cone, among the wit-
nesses at the execution today, said he
had forgiven Mr. Kennedy.

Mr. Kennedy came within two hours
of execution in May but won an indefi-
nite stay then from the United States
Supreme Court after contending that
his trial lawyer had been ineffective

and that the judge had given the jury
improper instructions.

But after hearing arguments on the
merits of the appeal, the Florida Su-
preme Court and a Federal district
judge turned down Mr. Kennedy last
week. On Monday a Federal appeals
court and the United States Supreme
Court also rejected the appeal.

Mr. Kennedy became the 29th person
executed in Florida, and the 177th
around the country, since the Supreme
Court’s 1976 ruling allowing the states
to resume capital punishment.

Utah Inmate Denied 2d Hearing
Special to The New York Times

shop in Ogden 18 years ago.

4B/Tallahassee Democrat/Sat.. May 2, 1992

High court stays Kennedy execution

The Florida double
murderer had been scheduled
to die Friday afternoon.

Ron Word
By Bes Press

STARKE — The US. Supreme .

Court stayed Friday’s scheduled ex-
ecution of convicted double murder-
er Edward Kennedy for an indefi-
nite period, saying it would review a
formal appeal.

The stay came just two hours
before Kennedy, 46, was scheduled
to be electrocuted under his third
death warrant for the 1981 murders
of Trooper Robert McDermon and
his cousin, Floyd Cone.

“For the Supreme Court to grant
the stay, it’s got to be a pretty
strong Case,” said Kennedy’s attor-
hey, Billy Nolas.

Kennedy
“| shot that

trooper because he
shot at me,” he
Said after his arrest.

State and federal courts had
turned down efforts Thursday to
have portions of Kennedy’s trial
and sentencing reconsidered, but a
state Supreme Court justice said he
had doubts about the jury
instructions.

The U.S. Supreme Court said in a
one-paragraph order only that it
would postpone the execution until,
it Studies a formal appeal filed in his

behalf.

State Supreme Court J ustice
Gerald Kogan concurred Thursday
with the court’s decision denying a
Stay but said he had doubts about
the handling of earlier appeals and
a claim of ineffective counsel.

The trial Court, “with apparent
acquiescence of defense counsel,
completely failed to instruct the
jury on the mitigating factor of ex-
treme emotional distress, even
though this was the most Prominent
feature of Kennedy’s defense,” Ko-
gan wrote.

He urged a new sentencing
hearing for Kennedy but noted that
the U.S. Supreme Court denied a
petition to consider the issue earlier
this year.

Kennedy is one of 319 people on
Florida’s Death Row. He would
have been the 28th inmate to die in
Florida’s electric chair since 1979

when the state reinstituted the
death penalty and the 225th person
to die since 1923.

A final meal of steak and baked
potato was served, Kennedy met
with his attorneys, and Iman Rab-
bani Muhammad performed last
rites 45 minutes before the nation’s
high court acted.

“I don’t feel anything because I
was ready to step to the other side. I
was ready to go,” Kennedy said af.
ter being informed of the Stay.

Floyd Cone, the victim’s father,
had said he planned to be in the
viewing area to see his son’s killer
die.

“I know the void in my life will
never g0 away, even when he pays
the price for what he has done,” he
Said. “But this has been far too long
coming. He deserves this.”

4B/Tallahassee Democrat/Wed., July 22, 1992

FLORIDA NEWS

EXECUTION

eee ee erccecreressesesseeees

Killer seeks forgiveness
before dying in the chair

The father of one of Edward
Dean Kennedy’s victims says:
“Today, justice has finally been
carried out.”

By Ron Word

Associated Press

STARKE — A remorseful Edward
Dean Kennedy died in Florida’s electric
chair Tuesday after writing a letter seek-
ing forgiveness from the father of one of
his victims.

“The blood of your son is on my soul
forever,” Kennedy wrote in a letter to
Floyd Cone Sr. delivered by attorney Su-
san Cary on Monday.

Floyd Cone Jr. and Florida Trooper
Bob McDermon were killed by Kennedy
after he escaped from prison on April 11,
1981. At the time he fled Union Correc-
tional Institution, Kennedy was serving a
life term for the 1978 murder of a motel
clerk in Dade County.

Cary, a Gainesville attorney who
works on behalf of Death Row inmates,
said she delivered the three-page hand-
written letter to Cone at Kennedy’s
request.

She and Cone refused to divulge the
entire contents of the letter.

“He never intended to kill those peo-
ple,” Cary said. “These things happened
under extremely stressful conditions.”

Cone, who sat about five feet from
Kennedy during the execution, said he
forgave the inmate.

“Today, justice has finally been car-
ried out after a far too long delay. Floyd
Jr. and Bob McDermon were tried, sen-
tenced and executed in a matter of min-
utes. They were denied any time for ap-
peals for their lives,” Cone said.

Cone also spoke about the pain his
family had endured.

Kennedy, who was described by his
religious adviser as being at peace with
himself, was led into the gray execution
chamber shortly before 7 a.m.

After he was strapped into the oaken
chair, he said, “Peace be with you all,”
adding in Arabic “Allahu akbar (God is
great).”

Prison Superintendent Everett Perrin
nodded to the black-hooded anonymous
executioner, and 2,000 volts were sent
through Kennedy’s body.

Kennedy heaved back into the chair,
his right hand curling into a ball. Puffs of
white smoke rose from his right leg
where an electrode was attached.

When the power was cut off two min-
utes later, he slumped in the chair, and
his upper chest twitched for about a min-
ute before he was pronounced dead at
7:08 a.m. by Dr. Frank Kilgo.

After the execution, a giant rainbow
hung over the prison.

TON Guatmesaciaied Pleas
Floyd Cone Sr., father of a victim, hugs his cousin
Delores Green after the execution.

4C, Tallahassee Democrat/Tue., April 28, 1992

COURT DELAYS EXECUTION — A man scheduled

to go to Florida’s electric chair Wednesday morning
for the 1981 murder of a state trooper and his cousin
won a temporary reprieve Monday from the state Su-
preme Court. The high court stayed the execution of
Edward Kennedy, who alr has survived: two other
death warrants, until 5 p.m. ay. The warrant is
good for an additional three-and-half days, and the
state Department of Corrections rescheduled the ex-
ecution for 5:01 p.m. Friday. ¥ -

i i i a ee a ee)

*NRBatRo A rag

2 AOas

Oma

« O©OOr., @

Fla.) * < KILEINS ». STATE, 718

low acts.’ Then he said to her, ‘If you
don’t hush I will blow your brains out.’
Then she turned around, and asshe turned
around he shot, and the ball lodged right
here [indicating] in the back. I am cer.
tain that this is theman. He is the man
that did the shooting. It was a 32 pistol.
He was about ten steps from her when he
shot her. The girl was standing by a lit-
tle fire. I don’t think she lived five min-
utes after being shot. It wasin January,
1887, when he did the shooting. The girl
and. Dan were not doing anything at the
time of the shooting. They had a dispute.
It was after dark. J.C. Riggs and Hol-
lingsworth were there. We were all there
in acrowd together. There were no trees
where this camp was, except some pines
and small oak bushes. I worked with
Dan Killins, at Bartow, for about six
months. I know Joe Hollingsworth. He
was down there at the time. When the
shooting took place it was dark enuvugh
to build a fire out doors for the light. I
saw the shooting myself. Nothing was
done after the shooting that I know of.
I left there after the girl was dead, and I
never saw Dan Killins after theshooting.”
William Ray, for the state, testified that
he knew the defendant, and pvinted him
out in court. “I worked with him on a
railroad, and at Oakland onafarm. Saw
him every day and night. I knew Marga-
ret Welton. She is dead.’ I saw her after
she was dead. I was not right there
when she: was killed. Was at a little
distance. I came. up when he was chasiny:
the old lady. I heard ‘the shooting, and
that was why I went there. I was a
short distance off, and at the first pistol
fire I started, and the time I got there the
old lady was running. She raninto the
tent of aman named John Taylor.’ John
Taylor ran out with a musket, and then
Dan said, ‘G—-—-d d——n her soul, I will kill
her!’ Taylor said, ‘Well, if you kill her!
you will not kill herin my tent; you will
not go in there after her.’ He walked off,
and a man went to him and said, ‘You
have: killed that woman;.she is dead.’
The man then told him, ‘You had better
be trying to get out of the way.’ Then
he went to the man the pistol belonged to,
and gave it to him. That is the last
time I have seen him. A doctor by the
nanie of Rush was sent for, and he came.
I held the light for him to probe for the
ball. .I suppose Dr. Rush got there about
an hour or three-quarters after the shoot-
ing. I was there cutting ties for the Or-
ange Belt Railroad. When I heard the
shooting I was standing off a distance of
about from here to the street. I saw
nothing till I went there, and saw him
chasing that woman. I have notseenhim
since he left, that night. I know Nancy
Powell. The shooting took place about
the first of the night. There were small
oak bushes and pine trees where the camp
was. There werepines very near the tent.
Nancy lived with Dan Killins at the time
of the shooting. Immediately preceding
the shooting I had been with Killins
about a year, offandon. Margaret Wel-
ton had not been there very long before
she was killed.” |
_ The name ‘of the next witness for the

state is Omitted from the record, but his
testimony is as follows, and indicates
that he was the Dr. Rush spoken of above.
He testified that he was a practicing phy-
sician. That he was called to see Marga-
ret Welton in January, 1887. He found
her rigid in death. “At the inquest held
over her I examined as to the cause of her
death. Ifound that the ball had pene-
trated between the seventh and eighth
rib, to the left ofthe spleen, about one and
a quarter inches, and struck the sternum
between the eighth and ninth rib, passed
through the nerve, through th2 liver, the
lung, and the heart. A mortal wound.
It certainly was sufficient to produce
death. This wasin January,J887. I neg-
lected to look at my day-book. I think
about the 9th of January, as near as I
can recollect. It was in Orange county,
Fla., about three-fourths ofa mile from
Oakland. I knew aman by the name of
Dan Killins. A great many of them were
diseased, and I was there every few days.
Ed. Powell was the only one that I paid
much attention to, to know. Isawa man
there that looked very much like Dan Kil-
lins here. There was aman just like him
living there.. He wore a mustache, and
his mustache was ratherlong andstraight
for a colored man. One day one of them
called my attention to him, and I was
told to look out for him; that is why [
noticed him, that I might know him, and
when I noticed him there was something
the matter with his mouth. TI noticed a
similarity toit about the prisoner’s mouth.
There is a mark. He looks very much
like that man. That mark seemed to be
on the left side when he was there, and it
seems to be there now. I could not say
positively that this man hereis Dan Killins,
but it looks very much like him.”

Wade Scraggs, for the state, testified
that his occupation was railroading asa
general thing. He knew the _ prisoner.
He worked for him on the T. A. & G. Rail-
road for some four months. His name
was Dan Killins. “The prisoner is the
man that worked for me, to the best of
my knowledge. I knew a woman that he
had there that he said was his wife. It is
my positive opinion that thatis Dan Kil-
lins. I suppose he worked for me three or
four months. He cut right of way and
some ties. I know him by his looks. He
has a mark on him that Dan Killins had
on him; a mark rightin the center of his
lip,—a scar. You will see the same mark
on him. Ido not recognize him by that
altogether. I recognize him by color,
size,” ete.

No testimony was offered for the defend-
ant, except his own statement, under
oath, to the effect that he was there ac-
cused of something tbat he wasnot guilty
of; that at the time they said this crime
was committed he was at McRae, in
Georgia, cutting some sills fora colored

man by thename of George Ellison, and «

that hecut his foot then hewing at the
sills,—his left foot,—and could not work
any fortwo or three weeks. “Icompleted
the sills, and went from there to cutting
ties for Mr: John E. McRae.” That he
had never been here before until he was
arrested and brought here; that he knew

716

by the defendant and given by the court.
The indictment in this case being found
more than two years after the commis-
sion of the offense charged therein, the
object of these first three instructions was
to havethe jury told that, if from the
evidence they found the prisoner guilty
of any lesser offense than murder in the
first degree, it was their duty to acquit,
because allsuch lesser offenses were barred
by. the limitation. This object is fully
met in the eighth instruction in plain
terms, and there was therefore no error in
refusing to give the others that were the
same in legal effect. Reddick v. State, 25
Fla, 112, 433, 5 South. Rep. 704.

The refusal of the court to give the
eleventh instruction requested by defend-
ant’s counsel is also assigned as error,
This instruction is fully covered, and with
more legal accuracy, by the eighth in-
struction given by the court to the jury of
its own motion. ‘There was therefore
no error in its refusal.

The refusal of the court to grant a new
trial is also assigned as error. We have
discussed all the points made in the mo-
tion for new trial, except the ground “that
the verdict was contrary to the evidence. ”
We havecarefully considered the evidence,
and every part thereof, and ourconclusion
is that it fully sustains the verdict of the
jury. The proof by several eye-witnesses,
withoutconflict and withoutany attempt
at impeachment thereof, shows tbat the
defendant, with a profane declaration up-
on his lips “that he intended to kill two
niggers that night, ”*made an unprovoked
and cowardly assault upon two defense-
less women, killing one, and immediately
proceeding to kill the other, until prevent-
ed by another. His only attempt at de-
fense was his own statement on_ the
stand, wherein he makes an effurttoshow
a case of mistaken identity and to prove
an alibi. His identity 88 the party who
committed the crime is clearly made out
by the evidence of five witnesses who
had known him well for different periods
of time, ranging from a few months to
five or six years, one of them (Nancy Pow-
ell) having lived with him in the intimate
relationship of a mistress for several
years; and against this overwhelming tes-
timony he puts his own highly interest-
ing evidence alone. We see nothing in the
record that calls upon us to disturb the
finding of the jury. ;

The judgment of the court below is
affirmed.

(28 Fla, 303)

HOLTON V. STATE.
(Supreme Court of Florida. July 20, 1891.)

INTERCOURSE WITH FEMALES WITHIN PROHIBITED
AGE—INDICTMENT—CONSTITUTIONALITs OF Law
—EVIDENCE.

1. Chapter 8760, Laws 1887, entitled “An act
to protect females of immature age and judgment
from licentiousness, ” held not to be obnoxious to
that provision of section 16, art. 8, Const. 1885,
that provides: “Hach law enacted in the legisla-
ture shall embrace but one subject, and matter

roperly connected therewith, which subject shall
be briefly expressed in the title.”

9. A liberal rule of construction should be
applied when the constitutionality of legislative
enactments are questioned; and every reasonable

SOUTHERN BEPORTER, Vor. 9.

(Fla,

doubt should be resolved in favor of the consti-
tutionality of the act assailed.

3. An indictment under the provisions of
chapter 8760, Laws 1837, is sufficient if it charges
the offense in the language of the statute, every
necessary ingredient of the crime being included
in the words of the statute.

4. It is unnecessary, in such an indictment,
to allege that the act charged was with or with-
out consent, or with or without force, or that it

was knowingly or willfully committed.

5. In such cases, testimony as to the prior
habits or character of the female is inadmissible,
as it is immaterial.

(Syllabus by the Court.)

Error to circuit court, Columbia coun-
ty; Joun F, WHITE, Judge. —
B. B. Blackwell, tor plaintiff in error,
eee B. Lamar, Atty. Gen., for the
State. -

TayLor, J. The plaintiff in error was
indicted at the summer term, 1890, of the
circuit court for Columbia county, in the
third judicial circuit, under the provisions
of chapter 3760, Laws 1887, as follows:
“The grand jurorsfor the state of Florida,
duly chosen, impaneled, and sworn dili-
geutly to inquire and true presentment
make, in and for the body of the county
of Columbia, and third judicial circuit of
said state, upon their oaths present that
Frank Holton, late of said county, labor-
er, on the first day of August, A. D. 1890,
at and in the county, circuit, and state
aforesaid, with force and arms, unlawfully
did then and there carnally know and
have carnal intercourse with one Irene
Alexander, an unmarried female under the
age of seventeen years ; and that the said
Trene Alexander thereby became pregnant
with child, and was delivered of a child,
So the jurors aforesaid, upon their oaths
aforesaid, do say that the said Frank
Iiolton, at the time aforesaid, and in the
county, state, and circuit aforesaid, did
commit the crime of having carnal inter-
course with an unmarried female under
the age of seventeen years of age, against
the peace and dignity of the state of Flor-
ida, and contrary to the form of the stat-
ute in such cases made and provided.”

The defendant was tried and convicted
atthe February term, 1891, and sentenced,
as the statute provides, to two years’ im-
prisonment in the state’s prison. From this
judgment and sen tence a writ of error {8
taken to thiscourt, — .

Before the trial the defendant by his
counsel moved to quash the indictment on
the following grounds: “ (1) Because the
indictment only recites the statute, and
does not contain sufficient allegation uf
the offense under the statute. It should
allege ‘knowingly and willfully.’ (2) Be
cause the indictment doves not allege sufli-
ciently whether the carnal knowledge was
with the consent of the female mentioned,
or whether by force. (3) Because said in-
dictment does not set forth an offense fall-
ing within the statute. (4) Because the
facts and circumstances of the offense
charged arenotset forth in the indictment,
(5) Because the indictment is indefinite
uncertain, and double. (6) The clause of
the statute under which the defendant 1s
indicted is not expressed in the title of the
act.” This motion was denied, to which

a oe

714 SOUTHERN REPORTER, Vot. 9. (Fla.

nothing about these people,—no more
than aman that wasneverborn; that they
had got him here on an unjust cause, and
had taken him from his wife and little chil-
dren; that his wife was confined about
three or four weeks after the date that
they said this crime was committed; that
“it looked mighty strange that a man
would be as cross as she says I was with
her, and thereis my wife there, and God
knows that we get along liketwo children
together,—never have a cross word.”

The court charged the jury as follows:
“(1) The killing of a human being with-
out authority of law, by poison, shooting,
stabbing, or any other means, crin any
other manner, is either murder, man-
slaughter, or excusable or justifiable
homicide, according 1o the facts and cir-
cumstances of each case.

“(2) Such killing, when perpetrated with
a premeditated design to effect the death
of the person killed, or any human being,
shall be murder in the first degree.

“(8) Homicideis justifiable when com-
mitted in resisting an attempt to murder
the person who does the killing, when
committed in the lawful defense of one’s
person, or his or her husband, wife, parent,
child, master, mistress, or servant, when
thereshall be reasonable ground to appre-
hend the design to commit a felony, or to
do some great personal injury, and there
shall be imminent danger of such design
being accomplished.

“(4) If the jury believefrom the evidence,
beyond a reasonable doubt, that the de-
fendant, Daniel Killins, alias Daniel Will-
iams, in the county of Orange, and state
of Florida, at any time prior to finding
the indictment, from a premeditated de-
sign to effect the death of Margaret Wel-
ton, did shoot the said Margaret Welton
and did inflict upon ber a wound in her
back, as alleged in the indictment, and that
the said Margaret Welton died from the
effects of such wound as alleged, and that
such killing was unlawful, and not justifi-
able or excusable, you will find the defend-
ant guilty as charged in the indictment.

“(5) If you do not so believe, you will
find the defendant. not guilty.

“(6) In cases where the punishment is
death, if the jury find the defendant guilty,
a majority may recommend the accused
to the mercy of the court, which will re-
duce the punishment from death tv life
imprisonment.

“(7) The law does not prescribe what
length of time should elapse between the
formation of the design to kill and its ex-
ecution to constitute premeditation. It
is sufficient that there was a fully formed
purpose to kill, with enough time for
thought to convince the jury that the
mind of the prisoner had become fully con-
scious of itsowndesign., ‘ Premeditation’
is defined as meaning intent before the
act, but not necessarily existiug any ex-
tended time before the act.

“(8) The jury are the sole judges of the
weight of the testimony, as well as the
credibility of the witnesses.

“(9) The presumption of the law isin
favor of innocence, and you will give the
prisoner the benefit of every reasonable
doubt as to his guilt.”

The following charges at the request of
the prisoner were also given: “(4) if the
jury find that the alleged killing was done
two years previous to the filing of the in-
dictment, and that such killing was an
involuntary act, and not committed by
means cruel or unusual, in the heat of
passion, then your verdict should be not
guilty.

“(5) If the jury find that Margaret
Weltun was killed by some person as
charged in the indictment, but have a
reasonable doubt as to the identity of
the person doing the killing, and the pris-
oner being the same, then your verdict
should be not guilty.

“(6) If the jury have a reasonable doubt
of theidentity of the prisoner at the bar
with the person duing the alleged killing,
then your verdict should be not guilty,

“(7) If from the evidence the jury have
& reasonable doubt as to the prisoner
having inflicted the wound which caused
the death of Margaret Welton, then your
verdict should be not guilty; the prisoner
is entitled to every reasonable doubt.

“(8) If the jury find that the prisoner
committed a less offense than murder in
the first degree, as charged in the indict-
ment, and further find that such offense
was committed more than twu years pre-
vious to the filing of the indictment, then
your verdict must be not guilty.

“(9) The prisoner is entitled to the bene-
fit of every reasonable doubt, and if, after
the entire comparison and consideration
of all the evidence, the jury cannot say
that they feel an abiding conviction, toa
moral certainty, that every essential ele.
ment necessary to constitute guilt is
proven beyond a reasonable doubt, then
your verdict should be not guilty.

“(10) Proof beyond reasonable doubt
must be made as to all facts necessary to
make out the case of the prosecution, and
a reasonabledoubt as to any fact necessa-
ry to aconviction should produce the de-
fendant’s acquittal.”

The followinginstructions, numbered as
in the record, were requested by the de.
fendant, but were refused by the court,
and exception taken: “(1) Ii the jury find
that the alleged killing was done more
than two years previous to the filing of
the indictment, and that it was done by
an act imminently dangerous to others
and evincing a depraved mind, but with-
out any premeditated design to effect the
death of any particular individual, then
your verdict should be not guilty.

“(2) If the jury find that thealleged kill-
ing was done more than two years pre-
vious to the filing of the indictment, and
that it was donein the heat of passion,
but without a premeditated design to ef:
fect the death of the person sjJain, or the
death of any human being, then your ver-
dict should be not guilty.

“(3) If the jury find that thealleged kill-
ing was done more than two years pre:
vious to the filing of the indictment, and
done in the beat of passion, without a de-
sign to effect death by a dangerous weup-
on, then your verdict should be not
guilty.”

“(11) The jury are the sole judges of the
evidence and.the weight of the evidence,

cies ee ee ig tae
Sir Sa Rise Sai ie, To To ae RSS

Fla. ) ' KILLINS ». STATE. 715

and the jury are not bound to regard evi-
dence, even if-it is undisputed, if in their
minds is not entitled to credit.”

The two first errors assigned are that
the court erred in permitting the witnesses
William Ray and Nancy Powellto testify as
to the fact that the defendant, after slay-
ing Margaret Welton, chased, shot at, and
threatened to kill, and tried to kill, Nancy
Powell. We do not think the court below
erred in admitting this testimony. The
proof is that immediately after the defend-
ant shut Margaret Welton, her mother,
Nancy Powell, ran out of the tent, beg-
ging him not to kill her child, or, if he
was going to kill her child, to kill her too;
whereupon the defendant instantly turned
upon her. Wheu she ran he chased her to
the tent of one John Taylor, where she
took refuge, and where he was stopped
from carrying out his murderous designs
by Taylor with a musket. This evidence
was proper, because it may fairly be said
to be part and parcel of the same transac-
tion in which Margaret Welton lost her
life; and because it tends strongly to
show the vicious intent, the animus, by
which the defendant was actuated in slay-
ing the deceased. Nancy Powell in her
evidence testified that before any of the
shooting, when he first came into the tent
that evening, before he began putting his
murderous designs into execution by kick-
ing her, he came in cursing, and then de-
clared his intention to “kill two niggers
that night.” The testimony of these two
witnesses objected to, when coupled with
this previous threat, was particularly per-
tinent and proper, as it tended strongly to
show premeditation in the killing of Mar-
garet Welton; the immediate attempt,
after killing her, ulso to slay her mother,
furnishing a strong presumption that they
were the two that he had premeditatedly
determined to kill. ;

In State v. Lapage, 57 N. H. 245, the fol-
lowing rule is approvingly cited from 1
Whart. Crim. Luw: “So proof of a dis-
tinct murder, committed by the defend-
ant ata different time, or of some other
felony or transaction committed upon or
against a different person and ata differ-
ent time, in which the defendant partici-
pated, cannot be admitted until proof has
been given establishing or tending to es-
tablish the offense with which he is
charged, and showing some connection
between the different transactions, or
such facts or circumstances as will war-
rant a presumption that the latter grew
out of, aud was to some extent induced
by, some circumstances connected with
the former as ure calculated to show the
quo aninio or motive by which the pris-
oner was actuated or influenced in regard
te the subsequent transaction, are com-
petent and legitimate testimony.” Com.
v. Tuckerman, 10 Gray, 173; 1 Thomp.
Trials, § 330. We think the subsequent
effort to kill Nuncy Powell was so direct-
ly and immediately connected with the
crime for which the prisoner was on trial
thatit was entirely proper to admit it
forthe purpose of showing the animus
and intent of the defendant.

In the argument of the defendant’s
counsel to the jury he proceeded to “ men-

tion a case in thatcourt about a year
ago, where a negro was convicted on pos-
itive identification, and sentenced to he
hung, and that subsequently positive
evidence was discovered that the hour
the crime was committed in Sanford, Fla.,
the negro was working in the kitchen for
a white family in Tampa, Fla.,” which
was objected to by the attorney for the
state, upon which the court ruled out
that part of the argument, and forbade
further argument in that direction. This
restriction of the argument of counsel is
the third error assigned. The ruling of
the court in this respect was entirely
proper. From the remarks being made
by counsel as given in the bill of excep-
tions, he was stating facts that were not
at all pertinent to the case on trial, and
as tu which there was not a word of evi-
dence. Had the court ruled otherwise
than he did upon this point, after objec-
tion was made, it would have been error.
In Tucker v. Henniker, 41 N. H. 317, the
rule is stated with great force and accu-
racy as follows: “Itis irregular and ille-
gal for counsel to comment upon facts
not proved before the jury as true, and
not legally competent and admissible as
evidence. The counsel represents and isa
substitute for his client. Whatever, there-
fore, the client may do in the manage-
ment of his cause, may be done by his
counsel, The largest and most liberal
freedom of speech is allowed, and the law
protects him init. The right of discuss-
ing the merits of the cause, both as to the
law and facts, is unabridged. The range
of discussion is wide. He may be heard
in argument upon every question of law.
In his address to the iury, it is his privi-
lege to descant upon the facts proved or
admitted in the pleadings; to arraign the
condnet of parties; impugn, excuse, justi-
fy, or condemn motives, so far as they are
developed in evidence; assail the credibili-
ty of witnesses, when it is impeached by
direct evidence, or by the inconsistency or
incoherence of their testimony, their man-
ner of testifying, their appearance on the
stand, or by circumstances. His illustra-
tions may be as various as the resources
of his genius; his argumentation as full
and profound as his learning can make
it; and he may, if he will, give play to his
wit, or wings to hisimagination. To his
freedom of speech, however, there are
some limitations. His manner must be
decorous. So, too, what counsel does or
says inthe argument of a cause must be
pertinent tuthe matter on trial before the
jury, and he takes the hazard ofits not
being so. Now,statements offacts not
proved, and comments thereon, are out-
side of acause. They stand leally irrele-
vant to the matter in question, and are
therefore not pertinent. If not pertinent,
they are not within the privilege of coun-
sel.” Newton v. State, 21 Fla.53; 1 Thomp.
Trials, § 965, and authorities cited.

The refusal of the court to give the first,
second, and third instructions requested
by the defendant’s counsel is also assigned
aserror, There was no error in the re-
fusal to give these instructions, inasmuch
as they were fully and substantially cov-
ered by the eighth instruction asked for

Hy ih
fe
}

At Welt x.
as observed by the -

leet Delayed

. of Putnam County
rs will not hold their
uled meeting Tues-

bf the second primary

| aay.

g has been postponed ;
May 27, at 1A:a.m.

jeks

y Chamber of Com-

: sion and businessmen |
» first step will be a

es include the econ-
city, population and

ods, capital improve-
d, community facili
iivision control,

June 238 the tentative
t of the survey. The
ed by the city to per-
month planning and
and the cOst is di-
beiwecn the eity and

iw board, which will
appointed when an
néicance $8 pass sd.

ey showing how each |
is utihved-- whether |
mercial or residen- |

oncentrated, analysis |

area, could. be plagued,” ers Sg BR
8. A, Shicids, regional’ entomol-

“ ogtst, who has tnade several sur- -—

Devt.—veys of The Situation in the ‘ast

10 days, says, “this ts thé worst
“mosquito situation E--have “ever

country. situations.” 3

| Murder ‘Trial
Opens Monday

Samuel Johnson, 41, Negro, wii
' go on trial for his hfe here Pda
' dav at 9 a.m. in Circuit Court,

A grand jury returned a first
‘degree murder indictment against
| Johnson on March 15 for the Dec.
| 37 vistol slaying of Policeman
{ Glenn Faulk.

In a Statement made by John-
son aiter his arrest by Canstabie
| Harold Carusle at Pierson dan,
22, he said he hid under a house
two blocks from the ahooting

of 100, Jaycoos_ while more than 20)) officers and

seen, even including sone’ foreign a

civuians nunted him.

The shuolting occurred when an
' attempt was :nade to arrest John-
son as a suspect in a breaking
‘and entering alt Pete's Ba- Dre,
16. A pistol taken from the bar
was the one which killed Faulk.
li was found Dee. 28 a block from
winere Police Chief Zack Hunsuc-
; kle was shot in tne leg.

Jonnion hes been aeciared in-
souvent and Francisco Roar iqu a
u Te feline aiturney and NAACP o:-
tie tl WAS named to. represent
him *

Collins Endorses
Boyle Carlton

ovzanize June 2 also:

val be to e@ssist m tae’
mlans and recom. .
hich come from them |

to a question adout
Claik said it ‘sould

tone time However.

TALLAHAS®LE «UPI: — Ger.
itagot Colays today enda.. 1
Dovie B&B Carhea Jr. tor gotcrper
cat dae Mas 24 vuaeoad ja:

» Collins. Why made the announce:

‘uerence. said he tocugnat Cartier
\ wi hale : : :

. +

rinent at S WEfaALY pea ~~
sroaf the entire county : ) a. all CCaiys Hews CO}

lite’s “eye”.

hours af 4

rosy glow over &

mate would be able to

mh HAE EDT

Mort for missile defense

pm—is the first step

ational “‘opeh skies” ar

@llations,
Sions
maration to U.S.

. al versions of
lites may,

years.

with’ flares |"
dwards and Vandenberg’
bases in California this
ian so was reported the Air |

BBcincide with = pase by |
or thie | aat:| os

ue on “whet
“placed ‘tnt orbit about 1
‘Was not ted ut
‘the laun¢

sald the flares will |
mes. Scientists also sdid

ence between missile t:
= other heat sources ‘on

et U.S. military plan for |

ee of its own, hinged on
we illites circling in polar
‘e every inch of ea a

saree-part system, Midas
mevould pick up enemy
ings almost instantan-
as reconnaissance sat-
elevision views of mil-
and Advent
satellites relay
author-

the
be in the
ups of about one dozen

is a prototype de-
ee whether the alarm
work. It was aimed
orbit that would carry

as <—
- 5 mints

Search!
hold ag the case was bro
morn

at the time of his arrest.

ues asked the j

look at this situation as so fee
evil that was done by a criminal;
but not to overlook the fast that
it must have been premeditated
before the death sentence could
be asked, ti

Judge sarind his sentation by
reviewing the entire case and re-
ferring from time to time‘to the
65-page statement that wag taken
by him in the presence bf five
others at the time of Johnson's
capture, :

Judge referred to the murder
weapon, a 36 cal. pistol, numerous
times calling it “that little pretty”
that killed 34-year-old Faulk.

“In the hands of a little man,
this little pretty, took the life of
a police officer while he was doing
his duty,” Judge said. .

In the middle of Judge's sum-
mation he praised Rodriguez for
the fine way in which he had
presented the case.

During the closing minutes of

Judge's summation, members of
the Faulk family, present in the
courtroom, were beginning to
show the strain of the two-day
trial.
Judge pointed out that if John-
son was found guilty of murder
in the first degree he should re-
ceive the death penalty.

Judge informed the jury that
if it brought in # verdict of mur.
der in the first degree there would

Satter! 7 $¥-minute:. araunabic’ Lae:
giutriabton’: Btate Attorney Wy Wil.
Judge: nskéd for the death. sen» |:
tence ‘for Samuel} Rag? for the}
murder: Oke: ~ Palatka

or with the reading of the!
. | 65-page confession Johnson igh d

wen ‘ aeee 9 cA es oS i We
ay ny Pie 4H ae my ad Pig aataleae
: “s = *
“ ; sy , “ice on wi Gy Hie REEL? © DRRURD HF Setar Pie ae
o. Hct ast leet dT
gee irae, *E -
co Bard , 1 ERC se oe 7
ase
bgt MY
eked pa i ‘ #
Se ees > *
4 : : * hight:
& : . 4
Re ewe 5| ‘ . *
4
a

mas 179 t
island of Honshu bore the brunt
of the towering walls of water
which pounded th SS aciodk ak od
minute intervals periods a8 gy
long as 18 hours, 800 cage . te
walties—dead, missing and , et
jured—were reported in Japan _*
alone. Yow .

The tidal waves, rolling weste yt -%
ward from earthquake » stricken WA |
Chile, struck the Hawaiian a
lands Monday, killing 82 /
and leaving 27 miséirig. ‘Thé
waves swept on to Okinawa, the
Philippines, New Zealatid, Japan,
Australia, and most Pacific is-
lands at the rate of 400 to 500
miles an hour, -

1,000 Dead In Chile

In Chile, where weekend earth-
quakes, floods, tidal waves and
B voleato eruption wrought ter-
rible havoc, authorities in Santi- -
ago said more than 1,000 persons
were dead or missing and 100,000
homeless.

Loss of life on such U.S, Pac:!!
bastions as Okinawa, Johnson [.
land and others was prevenied ~
ample warning. However th:
natived were killed on Okina
and elght Maori were aw... :
to sea when 10-foot waves . 21-2
ed New Zealand.

In Japan the destruciion »
great, The Japan National Broa. -
casting Corp, reported 98 perse::.
dead, 75 missing and 626 injured

&
.

: be meagre ae
paPh Sara Sete

ee ee en er, ms ec eres pata

It said 4,600 houses were G

ee ge ee ee

“pa

rae ifn,
Hes At i

afad grees
1 att, Ea
Pastor

vecootaa Sil

“a:

J - et s
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“ EE oe
x ere
Toe ee ek ggg eae
deal
>
~
(oa ~ use ~

0 an

Pi eS, ie Mn : cf 3
keg de 3 ‘ ‘
ad .
wes se
are

damage at $1

eae ey Tt tee ts Pat?
Y ite ehe, WERE ne
m 2 <
ae 2
ater Sas.
“s

Walter Gary Dodge, 21, 121 Kirk-

| to the truck and $400 to the car.

No charges were filed.

this .

store

in symipa-

de | thy with non-violent efforts to ge:

will be of-

chain

in New ‘york | see

~Dixle ~Tunch

counter segregation protests,
all 106 F. W.

was

be
“what ts:
i,

: rs . « » * . < ence a s=: -
5 C . < = eget tse sk Maire ry er ay Lo eee
5 BAS a - 1 a. elie a

Ey » . Po - - : >

" «
ur e z

. = . a P 4
. - h rn "
ay* - : - iy a 4

SF ty
2

resistance - organiza-

The demonstration,

gtess of Racial Equality (CORE),

Both Negroes were declaret in-
NEW YORK (UPI) — The Con-

Woolworth stores

plans to picket

the passive

tion

| City Saturday.

vale ites |
PR

be | branches in the South

in| Negroes served at

ot
in
rd
ist
id

i. Al
are
ters}

TT)

|
| cat
| ‘ *
| Hy iu }
tif ; | { d i,
13 i Bess |
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EN@:

E -WAHEELS ©

PN ditt aor eer ee te Otte

~~ Gets Underway

«Was shot.

y, * aa?

"BOO: PPUD: ans Pn, Chote ;
Smathers is listed as a favorite
"son candidate for the Florida Dem.
ocrats, and Republicans have Vice
President Richard Nixon on the)‘
ballot. :

The battle for governor will top

_ the list of state races. Doyle Carl-

Murder Trial

A 41 year old intinerate Negro/j ?
fruit picker went on triai for first | !

~ degree murder today in the slay-| .
4% ing of Palatka Policeman Gilenn/|!
Faulk last Dec. 17. p
Samuel Johnson, object.of a state-|
“wiGe search before his capture)
in Pierson five weeks after the
fatal. shooting, was imdicted by aj| |
grand jury in connection with the/| |
death of 34 year old Faulk. |
The state attorney had called | |
two witnesses by noon today. Pete} |
Constantine, owner of Pete's Bar,| ;
1724 Reid St., was the first. to test-
ify about details of the robbery of | |
his store the night before Fanlk| |

A pistol taken from the liquor
“store was identified as the one from
which the lethal bullet was fired.

Faulk was fatally wounded and | {
Police Chief Zack Hunsuckle shot! i
in the leg in the gun battle which | #
followed an attempt to arrest the
suspect for questtoning about the
robbery.

Johnson allegedly confessed to
the shooting at the Volusia County
Jail after his capture in Pierson.
Johnson “probably didn’t know”
when arrested that Faulk had died
of the eunshot wound in the face,
Hunsuckle reported. é
~ There-swas little difficulty in pick- | =
ing a fury this morning. Some
predicted it might take two or three
days to get 12 persons to decide |
Johnsons fate, but only about 15

~=were Calletbefore the final 12 were

aboot,

‘ “ “ ee ok
Minty a te: ee hacs Ae
SS AMG

JONES, Will, black, hanged Madison, Florida, 11-8~-1901,

"Madison, Florida, October 10, 1901. - Will Jones, the negro desperado, who killed two
people and seriously wounded several others yesterday, has been secretly removed from
this county to Leon County and is now ab jail in Tallahassee, He is wounded in nearly
a dozen places and is expected to die. Late last night a mob of would-be lynchers
appeared at the jail and demanded the negro, but he had been removed only a short

while before. Another one of Jones! victims has died, Anderson, the white man, who
was hunting and shot down by the outlaw as he was creeping up on a bird. This makes
three deaths to date," CONSTITUTION, Atlanta, Georgia, Uctober 11, 1901 (/6&7).6

MEDIA ACCOUNT OF TRIAL:

MEDIA ACCOUNT OF EXECUTION:
METHOD Ha wales

PERIOD OF INCARCERATION

STAYS OF EXECUTION

EXECUTIONER

WITNESSES

RITUALS

LAST WORDS

OTHER INFORMATION

CAPITAL PUNISHMENT DATA SHEET

Ely R Gy

STATE

OFFENDER

Sepeleaieieiine tne bette

TEETERS~ZIBULKA INVENTORY DATA

NAME: Willian Keew
RACE: uw)

SEX: mM

OFFENSE: MUADER

DATE EXECUTED: fF¢Q,. 27, 197Y

AGE: |

VICTIM

(ee er em an eee

NAME: | wi'l lian Va ber ter
RACE; W

SEX: M

AGE:

RELATIONSHIP
TO OFFENDER:

BACKGROUND
-FNFORMATION:

DATE CRIME
COMMITTED:

DATE SENTENCED:

DAYS BETWEEN CRIME AND SENTENCINC:
DAYS BETWEEN CRIME AND EXECUTION:
COUNTY SIZE:

DAY OF THE WEEK EXECUTED:
OFFENDER RESIDENCY:
MEDIA ACCOUNT OF CRIME;

Valentine Was killed ow A borT wen Aialckin a3 ipl
of A robb rey aTitoeT.

Friday

4 fo

INVENTORY #7

OTHER SOURCE DOCUMENTATION

HisTiey f Trcksounl/e Fla. Ps S32

c! oS

“TYNGHING - DATA SHEET

Fla ead
i

OFFENDER: SOURCE OF DOCUMENTATION

NAME: Richard Kearey (PROVIDE TITLE, DATE & PAGE #)
RACE: = W Tanya Veluwe

SEX: M ms

AGE: (ee 5, cae aaa /:
_ OFFENSE: Murder

CITY - COUNTY

DATE LYNCHED 7-18-1888

VICTIM:

NAME: Mrs, Margaret Purcell

RACE :

SEX: r

AGE:

BACKGROUND INFORMATION:

DATE OF CRIME:
TRIAL - CONVICTION:
CUSTODY STATUS:

inmate
LYNCH MOB SIZE:
METHOD OF LYNCHING: hanging
TIME OF LYNCHING: am

DAY OF WEEK OF LYNCHING:

OTHER INFORMATION: Kearney remained calm and showed no sign
of fear.

$e nnnt

wry et v7

Remorseful killer electrocuted

Victim’s father watches as Edward Dean’

TUL AZ Q- Mekto -!
By PHIL WILLON

Tribune Staff Writer ( Tampa.)

STARKE — Floyd Cone Sr. watched in silence
from the witness chamber as the man who murdered
his son 11 years ago, the man who begged for his
forgiveness, died in Florida’s electric chair Tuesday
morning.

The day before, three-time killer Edward Dean
Kennedy sent Cone a letter expressing his remorse,
saying one of his final wishes before his death was to
make amends.

“The blood of your son is on my soul forever,”
Kennedy wrote in a three-page, handwritten letter.

Cone, who demanded the state allow him to wit-
ness the execution, received the letter Monday. He
relayed his reply through Kennedy’s lawyers that

gic athens a

oS
‘ennédy is put to

ere

ee eit”

night. ~/
“His apology was accepted,” Cone said. “Now we

can all put this behind us.”

Kennedy, 47, was executed at the Florida State
Prison at sunrise Tuesday for the 1981 murders of
Floyd Cone Jr. and Florida State Trooper Bob

McDermon.
Kennedy shot both to death after escaping from

Union Correctional Institution in Starke, where he
was serving a life sentence for murdering a Miami
hotel clerk. ‘

“He never intended to kill those people,” said
Susan Cary of Gainesville, one of Kennedy’s attor-
neys. “These things happened under extremely
stressful conditions.”

See KILLER, Page 2

The Tampa Tr

Killer executed after writing
letter expressing his remorse

@ From Page 1

Shortly before 7 a.m., Kennedy
was led into the execution chamber,

where guards strapped him to the.

oak electric chair. Kennedy calmly
gazed at Cary and his Muslim spiri-
tual adviser, Iman Rabanni Maham-
mad. Both sat in the front of the
witness chamber behind a plexi-
glass window, less than eight feet
away. Several times Kennedy
mouthed “I love you” to them.

When asked if he had any last
words, Kennedy spoke a single sen-
tence.

“Peace be with you all,” adding
the Arabic phrase “Allahu Akbar,”
which means “Allah is the great-
est.”

Guards then strapped Kennedy’s
head to the chair, and fastened on
the metal skullcap and black veil.

At 7:04 a.m., a masked execu-
tioner hit the switch. Kennedy’s
body lurched, and a small wisp of
smoke rose from the electrode at-
tached to his right leg. After two
minutes, the 2,000 volts of electrici-
ty was turned off and Kennedy’s
body fell limp. He was pronounced
dead at 7:08 a.m.

Kennedy was the 29th man to
die in Florida’s electric chair since
1979, following the reinstatement of
the death penalty. There are 318
men and five women on death row.

Kennedy was serving a life sen-
tence when he escaped from the

Union Correctional Institution in
1981 and hid out in a nearby vacant
trailer owned by Floyd Cone Jr.

He surprised Cone, 32, and
Cone’s distant cousin, highway pa-
trol Trooper Robert McDermon, 35,
both of whom were assisting with
the police manhunt for Kennedy.

Kennedy shot and killed both
men with Cone’s shotgun and then
fled to a neighboring trailer, hold-
ing a woman and her young son hos-
tage. Kennedy released them after
police agreed to allow a television
news crew to tape his capture.

“I’m glad it finally happened,”
said McDermon’s sister, Sue Mas-
sey. “If he was sentenced to death
the first time, my brother might be
alive.”

Massey joined about 40 people
on the fields outside the prison, al-
most all of whom were family and
friends Cone and McDermon.

When the white hearse carrying
Kennedy’s body drove out the pris-
on gates and past the field, the
group applauded.

After witnessing the execution,
Floyd Cone Sr. read a statement
condemning the long, drawn-out ap-
peals process.

At almost every execution since
his son was murdered, Cone has
driven the 25 miles from his house
to the Florida State Prison so he
could stand outside and protest in
favor of the death penalty.

Cone said he plans to continue
his vigils.

death

Edward Dean
Kennedy
begged for
forgiveness
before dying.

qdlzelax 48

St Pete TMs

trooper s killer

is put to death

@ The father of one of
Edward Dean Kennedy’s
victims accepts a letter of
apology hours before the
execution,

By CHRIS LAVIN
Tunes Statt Writer

STARKE — Just days before
he was to die, Edward Dean Ken-
nedy took pen in hand and tried
again to heal the last wound in a
painful life.

From the “death watch” cell at
Florida State Prison, Kennedy, 42,
a condemned murderer, wrote to
the father of one of his three vic-
tims.

He was sorry. He hadn’t in-
tended to kill, What happened a
decade ago occurred amid a rush of
adrenalin and fear. He had deep
remorse.

“The blood of your son is on
my soul forever,” Kennedy wrote
to Floyd Cone Sr., a retired state
transportation worker.

Cone had rebuffed Kennedy’s
earlier attempts at contact, but
Monday when lawyer Susan Cary
brought the letter to his home,
Cone decided the time to listen had
arrived,

Kennedy was just hours from
an execution Cone had awaited for
years. Appeals courts, after re-
peated rounds of frustrating delay,
had finally agreed the end was
here. And at least part of Cone
wanted the revenge, not a letter.

“I read it,” Cone said. “He said
he was truly sorry. He asked me to
forgive him and I forgave him. But
there was no pity, no sorrow for
him. Nothing to make me want to
stop what I just saw in there.”

Moments before, Cone had sat
shoulder to shoulder with Cary,
Kennedy's attorney, in the front
row of the small gallery section —
just a pane of glass away from the
electric chair.

More than a decade ago, Ken-
nedy had been condemned for kill-
ing Floyd Cone Jr. and Florida
Highway Patrol Trooper Bob
McDermon after escaping from a
Florida prison. Kennedy had been
serving a life term for the 1978
murder of a motel clerk in Dade
County.

Tuesday, Kennedy, still trim
despite years in a small cell, his
head shaven and greased, was led
into the small death chamber. He
did not resist.

As workers began connecting
the belts and wires to his body, he
glanced about for a moment, but
then fixed his eyes on Cary. “‘I love
you,” he mouthed through the
glass. And then he prayed silently
with Iman Rabanni Mahammad,
the Islamic counselor who had sat

dy.

When a microphone was held
out for his last statement, Kennedy
was brief: “Peace be with you all.
Allahu akbar (God is great).”

-At 7:04 a.m. Gov. Lawton
Chiles gave final approval and the
anonymous executioner, his head,
like Kennedy’s, covered by a black
veil, began the execution. Kenne-
dy’s body convulsed as the 2,000
volts raced through him, has right
hand seemingly clutching the oak-
en chair,

At 7:06 the electricity stopped
and doctors carefully examined
Kennedy. His chest muscles con-
tinued contracting for a few mo-
ments, but no heartbeat remained.

Kennedy had become the 29th
man executed since capital punish-
ment resumed in Florida in 1979.

Yet as supporters and oppo-

Vbee ested

nantes af the darth nan

up through the night with Kenne-

Floyd Cone Sr. hugs his
cousin Delores Green after
the execution of Edward
Dean Kennedy on Tuesday at
Florida State Prison.

with journalists in a typical post-
execution scene, the usual rancor
such gatherings brings was absent.

Perhaps it was Kennedy’s de-

meanor,

Unlike most killers led to the
chair, he was openly remorseful
for his crimes. He had tried, as
execution drew nearer, to apolo-
gize to the families he had dam-
aged, and was, with the final letter,
able to reach Cone.

Intelligent and articulate dur-
ing his 10 years on death row,
Kennedy appeared to forge genu-
ine friendships with the lawyers
and investigators who pursued his
appeals, In the final few weeks, his
supporters had tried to persuade
the courts and the governor to see
Kennedy as they had come to know
him.

In a 50-page document circu-
lated Monday, they portrayed Ken-
nedy as man who grew up scarred
by racism, but had grown in the
last decade into a good man. He
had learned to paint and had done
what he could to teach young black
men to avoid the path his life had
followed.

“His life is about the triumph of
the human spirit,” Cary says.

But his life was not just the last
decade. And Floyd Cone Sr. in-
sisted on witnessing the execution
so he could remind all that his son
had had no benefit of appeals.

Kennedy escaped with two oth-
er inmates from the Union Correc-
tional Institution on April 11,
1981. He had fled to Cone’s trailer
near Baldwin, about 25 miles from
the prison, and was changing
clothes when Cone and McDermon
arrived.

A gunfight erupted. McDer-
mon and the unarmed Cone were
slain.

“There is a void in our lives,”
Floyd Cone Sr. said Tuesday, “All
that we have left now are a few
personal things, pictures and pre-
cious memories.”

As Cone talked, a rainbow ap-
peared in the rainy skies above the
prison.

Kennedy's tearful attorneys
pointed to it and saw it as sign of
hope trom their client and friend.

Cone, no doubt, would see it
Affe onele

W2012 PUA Elade comer Uaim

Floyd Cone Sr.
Dean Kenned'

Cone Jr. and Florida Highway Patrol trooper Robert McDermon.

Kennedy’s ©
execution
carried out

By Larry Schnell
Staff writer

STARKE — Floyd Cone Sr. of Jacksonville said
he can now get on with his life. The man who
murdered his son and a state trooper 11 years ago
was executed yesterday.

“It will never be the same, but it’s behind us,”
Cone said.

A few days ago, Edward Dean Kennedy wrote
Cone: ‘The blood of your son is on my soul for
ever.” 5

Yesterday, Kennedy, 47, was
executed for the crime.

He skipped his last meal and
told the witnesses at Florida |
State Prison “peace be with } »
you.” He then praised Allah.

Moments later, 2,000 volts of
electricity surged through his
body for two minutes. He was
declared dead at 7:08 a.m.

Outside the prison, about 30 Kennedy

death penalty advocates cheered at the announce-
ment. Later, they applauded as the white hearse
carrying Kennedy’s body drove out the prison
gate.
Cone witnessed the execution, winking at a pris-
on official after it was over. Then he joined the
death penalty supporters outside. A giant rainbow
arched over the prison.

Cone's son, Floyd Jr., and Robert McDermon of
the Florida Highway Patrol were killed in Baldwin
on April 11, 1981, by Kennedy, an escapee from
Union Correctional Institution. He was serving a
life sentence for the 1978 slaying of a Dade County
motel manager.

“Today, justice has finally been carried out after
a far-too-long delay. Floyd Jr. and Bob McDermon
were tried, sentenced and executed in a matter of
minutes. They were denied any time for appeals
for their lives,"’ Cone said. .
Pe aa also spoke about the pain his family had en-.

“There is a void in our lives as part of us is gone
that can never be replaced. All that we have left
now are a few personal things, pictures and pre-
cious memories,"’ Cone said. ‘

Sue Massey of Jacksonville, McDermon’s sister,
said she was relieved the execution was over.

“I'm glad that it finally happened because if he
had gotten out, he’d have killed again,” she said.

As she and Cone walked toward their cars, Ms.
Massey asked about Kennedy's last statement.
Cone told her Kennedy said and did very little.

She said it was up to God to forgive him. Cone
disagreed and cited a text in the Bible.

“No, it’s up to us, too, if he asks,"" Cone said.

Iman Rabanni Muhammad, a Muslim spiritual ad-
viser who sat outside Kennedy’s cell all night, de-
scribed the condemned man as remorseful in his
fae = final hours.

; — Don Burk/staff ‘‘He was sorry he had caused pain for Mr. Cone
embraces his cousin Delores Green after the execution of Edward and his family and he asked for forgiveness,”

in Florida State Prison. Kennedy was convicted of murdering Floyd
(See KENNEDY, Page A-7)

Kennedy executed for *81! slayings

i i re used,
ours before it was where the instructions we
ng Fatt the court struck down the death

(From Page A-1) : ! ,
Death penalty opponents criti- penalty, but it let it stand in Ken-

Muhammad said.

Meanwhile, Susan Cary, a Gaines-
ville attorney, lost a friend yester-
day. Minutes before the execution,
Kennedy, strapped in the oak elec-
tric chair, mouthed the words I

tng in the with mr “opporients in the field across from Supreme Court both denied appeals

in the withessfoom.: ~ -

“ascosh the darkness of the
things that he had done in his life,
he reached inward to find an inner
place of poet she said. “He was
jast extraordinary.

i mentedy had survived three death
warrants. The third one, in May,

cized yesterday's execution, saying nedy’s case.

the ane had selected Kennedy ennedy's attorneys were turned
for death while overturning the gown last week in the Florida Su-
death penalty for six other Florida preme Court and U.S. District Court
Death Row inmates in similar cases. i) Orlando. The 11th Circuit vee
- For a half dozen death penalty of Appeals in Atlanta and the U.S.

Florida State Prison, Kennedy's: ex- Monday.
ecution was a symbol of a flawed it's outrageous,” Ms. Cary sid.

‘re seer edited in two cases “They have totally abandoned their

j inciples.”
this’ year that some of Florida jury legal princip
Cneanenens in the sentencing phase The report contains Information from
of a trial are flawed. In six cases The Asancisted Preas.

Orlando Sentinel, July 22, 1992, p. B-l.

Regretful killer
is executed for
2 slayings in ’81

C] ‘Justice has finally been
carried out,’ says the father of 1
victim of Kennedy, 47.

ASSOCIATED PRESS

STARKE — A remorseful Edward Dean
Kennedy died in Florida’s electric chair
Tuesday after writing a letter seeking for-
giveness from the father of one of his
three victims.

“The blood of your son is on my soul for-
ever,” Kennedy wrote in a letter to Floyd
Cone Sr. delivered Monday by attorney
Susan Cary.

Floyd Cone Jr. and Florida Highway Pa-
trol Trooper Bob McDermon were killed
after Kennedy escaped from prison on
April 11, 1981. At the time he fled Union
Correctional Institution, Kennedy was
serving a life term for the 1978 murder of a
motel clerk in Dade County.

Cary, a Gainesville attorney who works
on behalf of death row inmates, said she
delivered the three-page handwritten let-
ter to Cone at Kennedy’s request.

She and Cone refused to divulge the en-
tire contents of the letter.

“He never intended to kill those peo-
ple,” Cary said. “These things happened
under extremely stressful conditions.”

Cone, who sat about five feet from Ken-
nedy during the execution, said he forgave

ASSOCIATED PRESS

Cone hugs his cousin Delores Green
after the execution of Kennedy.

“Today justice has finally been carried
out after a far-too-long delay,” Cone said.
“Floyd Jr. and Bob McDermon were tried,
sentenced and executed in a matter of
minutes. They were denied any time for
appeals for their lives.”

the inmate.

Please see DEATH, B-4 ss

pm wnat «cei — cere, A LO ~

Killer was at peace with himself, adviser says

DEATH from B-1

Cone also spoke about the pain
his family has endured.

“There is a void in our lives as
part of us is gone that can never
be replaced,” he said. “All that we
have left now are a few personal
things, pictures and precious
memories.”

Kennedy, who was described by
his religious adviser as being at
peace with himself, was led into
the gray execution chamber short-
ly before 7 a.m.

After he was strapped into the
oaken chair, he said, “Peace be
with you all,” adding in Arabic,
“Allahu akbar [‘God is great.’]”

Prison Superintendent Everett
Perrin nodded to the black-hood-
ed anonymous executioner, and
2,000 volts were sent coursing
through Kennedy’s body.

Kennedy heaved back into the
chair, his right hand curling into a
ball. Puffs of white smoke rose
from his right leg, where an elec-
trode was attached.

When the power was cut off two
minutes later, he slumped in the
chair and his upper chest twitched
for about a minute before he was
pronounced dead at 7:08 a.m. by
Dr. Frank Kilgo.

Cary, who sat directly in front of
Kennedy, said he mouthed the

words “I love you” several times

before he died.

Iman Rabanni Muhammad, a
Muslim spiritual adviser who sat
outside Kennedy’s cell all night
long, described the condemned!
man as remorseful in his final
hours.

Motions by Kennedy’s attorneys
were turned down last week in the
Florida Supreme Court and U.S.

District Court in Orlando. The
11th U.S. Circuit Court of Appeals
in Atlanta and the U.S. Supreme
Court both denied appeals Mon-
day.

Kennedy, 47, was under his
fourth death warrant. Only two of
the 28 inmates executed before
him survived more than four war-
rants.

On May 1, Kennedy had re-
ceived his last rites and was two
hours from dying when the U.S.
Supreme Court postponed his ex-
ecution.

When Kennedy escaped in 1981
with two other inmates, he fled to
Floyd Cone Jr.’s trailer near Bald-
win, about 25 miles from the pris-
on, and was changing clothes
when Cone and McDermon drove
up. A gunfight erupted and
McDermon and the unarmed
Cone were slain.

The Florida Times-Union

TWO THANG TOO

Kuhy: and L+9 To Pay the Death

Wee f. 0. f . whe . 3
‘Penalty at St. Augustine. .

‘The Confession of Ove of the-Cone

z ¢ : ;
downed Men iets —t- here the—_|

Viher— Yt, Aymuntine Sewn.

(Jacksonville),

At. Augustine, Aug. 1.—for the murder |
OP Sulud Kakew, Jumen Kirby seme Red.
tt Lee WIL tocmorrow Mornlog pay the
‘Ponalty with thele Iver. Sheri Perry
aras avery Unig it readiness fur the exe.
wwutlon, Which will take place between IU
wna o'clock. The critne for which the

"
As

Willen are to be hunged Is freah in the mem-
grat the pesplo of this county. Mr.
‘ Cw went to the CxXpress oMed

a astings, and f0t a packuye of money
Milth—whi ty off the -handw- at «
‘turpentino farm au few miles Udstane,
Mir y and Lee knew of this; Leg being
sho: moro Intuliigent of the two negrocn,
‘the erline. Kirby owned a Kun,
aed she was chosen to do the shooting,
‘When Mr, Fakew reached a lonely spot
on. tho.road, Kirby, from behind a tree
@bout thirty feet distant, sent a load of
Té6ad: Into .Xfr. Mekew, killing him ‘tne
tently. Kirby started out.tu rob ° the
Peeye: when a man upprauched on horse.
poack, and tho murderor ran-away, After.
‘Ward, at the station, Kirby was shot sev-
wataltimen Dy unknown pernous, apd white

ioe ered, tht he was in n_dying con.
! ib 1 pag aged the -erlme, “and impi-
i ¢

a, 2e as tho. ihatigator, even teHing
Aimithat Sir. Eskew had two packages,
qand that the money was in. a certain
Phekot, and not to make a mistake. There

atroumstantial evidence at the trial
‘ ch ponvicted Taw.

Friday, August 2, 1901.

wy TaAloly Kirby haw obtalned reiiglon, and
Te ready to dite, Len (hum far haa con-
Morited himself in deoelaring his Innocence,
ANd bas made but Wttlo preparation for
wath, Some time umo Kirby mado a
fatement to the offeet that Teo had
Miothing to do with the killing. The Gov.
Serrar ordered no raaplts of a Nronth, Mean.
hifé, Dintriet Attorney Hartridge mad
ew euretul Investiguilon, resulting In hy
peeng ing ‘the Governor « séatement thal
here @asn nothing in Kirby's conressio:
Sdtomnnd that tho cxocutlon of bath
Man Ahowld bo consummated tn the fur. }
‘thotance of the proper meting out of Jus-
Rah eee mene oUt
wige’t! Parnonal Mention,
Eee, and: Mra. J. Ge Onaten left to-day
i Galnenville, where they will spend thi
Mth ‘of -Aaguat,. Rav. J.-P. Reaves o
neing) ark. will arrive nora to-nmrrow
WHE ML the Julplt of the Baptia:

SRleehle and family.
Nadandd at-tha beach fast niuht ws
be woll attended. The evening way
‘iad@.tho aky ‘cloudless Many en
od & moonlight stroll on ‘the beach Ke |
VON daheen, Out. of reapect>. to» the
wory of Btahop Mdore no members of
Matholla Church attended, !
Mei. Boyes, Mayor; J. T.. Dismukes,
rMNdéht of the Wirst National Aank; ane
R th: Canfield of Canfield & Sona hav
Mest appointed n committes on the.par!
{Dourd of Trade to go before the
aanty: Commissioners atl secure an ap:
mereprlation’ for the proner representa llue
MAB .Jotina County at tho State Tair;
qh Tiel auk, the-appoinimant of ¢. °F. Mop

E dé the repres¢ntative of tha county
Se Walter: Honry . has dbouxht’ a lot or
Bean Mharlotte Streau on which ho wil
eH Sinew residence at-once

pert eh EET Ie iboapecstrince eS eee A

roe

THE FLORIDA Times.
= ciel UNION, JACKESO |

Thursday,

white woman on November J at Haines”

23 January 1913, Page 5.

WALTER KIRBY PAID

Bartow, Jen. W—(Special)—Walter
Kirhy, who committed am assaul$ on &
City, was hanged here today at 10:22
o’cloeh by Sherif John Logan. Kirby
alse murdered a negre weman oR the
‘gight of Mevember 2 at Piant City. He

ST 3, 19)

SATURDAY AUGU

The Florida Times-Union

KIRBY AND LEE HUNC

St. Johns County Murderers Have
Paid the Death Peaalty.

Lee to the Last Declared Hie Inno-
cence, While Kirby Confirmed bile

Mlory— Ane Orderly rvecutlon,

Nt. Augustine, Aug. 2.--James Kirby ain
Robert Lee, colored, were hanged Ino the
Jallyard here thin morning by Sheri?
Perry for the murder in May luat of Julius
hnkuw,' at YOUN Curpentine operntor, te or
Tastiows, do thin county. Up ta the ie.
ment when the, black boode were sl:
lusted the (woo men chung to the state.
ments made since thelr convietlon. Kirby
freely aeknowludged hin guilt, amd bee
declared his) Innocence. The execution
took place in the presence of wu hirge num.
ber of witnesses, and there waa a crow
,Outahte the Jal! inctosure,
© Accompanied by Sherif Perry and Dep.
uty Sherlf Andrea, the two men ascended
the quilows about Afteen minutes pant ten.
Kirby was uttended by a colored Baptiat
minister, while a Catholle priest stood be.
jatde Tee during the lawt: momorts,
Before ndjusting the noose, Speci?
Perry usked Kirby if he had anything to
MAY, be replied that he would Ike te
auy a few word, Lolth men went upon
the xcaffolt withourc a tremor. Kirby
daeemed glad that hid end wae no near.
Ile amiled constantly, and when given
permission, he talked slowly. eurneatly
und dintinety., Ife begun by warning his
hearers to Keep out of (rouble, saying (hit
the devil had brought him to the gallows,
Ue mall that he had become ao member of
the church, und fol that. God would: for.
kive him, and with what bellet ha wire
ready to dle, Turning to Lee, Kirby valid:
“This man ia innocent, he had nothing ta
do wlth the killing. Todld tt, and am now
wolng to pay the penalty. = would He
to talk te you all day, bur my time de
Umited. Lee ix an innonent man, but
erm wullty. “Tate ull i've gut to any.”

Malel Bfee Woes Iiteocent,

Turning to bee, the Sherif? asked him If
he wanted to make a statement, and he

turned his fuce tuward tho witnesses, Ler
ailed Chat he wan Innocent; thet they were
Wool to hang on tanocent man, Ie de.
Glared that he Knew nothing about’ the
Mueller until it wae all over, Me mald that
be Nad embraced religion, and was pre-
pared to meet his God. tle asked all
Prevent to pray for him, and then thanked
the oMcera fur thelr kindness to him,

All wae aulet while the capa were be-
Ing adjusted. The minister and priest
Atood by the alde of the mon, and inoia

(Jacksonville),

repiled in the waMemative, aniilng ay he}

moment all wna ready, and the trap wns

Page 2.

sprunw. The fall was alx feet, and the
men dled-of strangulation, Ten minutes
after thelr pulses ceamed ro beat, but they
were not taken down until twenty minutes
had elapsed. Doctor Alexauder then pro-
nounced them dead, and they were de.
Uvered into the charge of thelr friends.

A equad of the St. Auguatine Rifles etood
suard around the scuffold, and ao nttmber
deputies malintnined order {najde and
Outside the preminen,

4 Lust night both Kirby and Lee remalined
up iete, devoting the time to penyer. -He.
fore omildntht beth retired, and wept
soundly until mornme. After breakfast
a prayer meeting waa hell by colpted
minlatera outside Che cvellg, In witich both
occasion, and both joined in
hymns. .

Soon after 9 o'clock Lee made aostate.
ment to the press, In substance as fullows:
“They are hanging an (nnuvcent man. As
God ta my Judge, and knowing that T mus?
fuce Kim, Innocent or gulltv, in ai few
minutes, [ am Innocent.” He sald that
he dld not see Kirby the day of the mur.
der until after it war committed, and. de-
nied having been in the éxpresa office
at Hastlywa at all during the day. He
ald that he was guing.to meet death
r ravely, and knew that God would deal

Juatly with him, and had no fears of the
result of death, and would dle happy.

Loe atated (nat he had jolnued the Cath.
ville Church, and had heen baptised,

e, Planned the Murder, -

Yeaterday Kieby is sald to have
ucknowledged that Lee planned the. nur-

Jer. He han made this atatement fre-
quently, yet has persiated that hit accom.
plice was innocent.’ It is belleved that
neither realized the enormity of being an
Jaccessory before the fact. To their minds
only one actually committing the crime
could be guilty, that one planning a crime
yr holding a victim was Innocent of the
reat killing. |
, To-day, when Interviewed In the jall be.
fore the execution, Kirby, tn reply to a
queatian of Lee's guilt, sald: “No, sir,”
most emphatically, ,

When usked If ‘Lee had anything to do
WIth the planning of the murder, Kirhy
replied;

“Not a thing. T alone planned it, and
killed Mr. Kakew. I[ have tried to suve
Lee, and have falled. You can state that

{he knew nothing of the affair until 1¢ was

all over." : )

Kirby was then asked..why he implicated
Lee, and he repiled:

“I cunnot tell myself, and-T cannot talk
now aw { want to; I am too worked up,
but T will make a atatement on the scuf-
fold.” _- womee 0 Ren ES tpi seamneta ise wae ~ . "

Kirby sald that he -war-reconctled- to: his

fates that Ne had sinned badly, ane was

getting what he deserved. Concluding, he
yald: _ mw ime Fe : \

“rT have myde my peace with God, and
am golng to heaven, 1 ami not afrald to
ie. Gort in looking down on my soul, and
knows what I think. He knows that T am
sorry for mv sin, and he knows that I.co
la innocent.” :

eel

singing |

A Rgcorp reporter was one of the

- frat to arrive at the jail grounds
this morning. He found the genial
sheriff aud Sheriff Brown, of Titus-
‘ville, on the platform of the scaffold
, making the noose and making the
Yast preparation for the doable ex-
- ecution, The trap-door swang free
and easy and the drop was measured
‘and the rope cut accordingly.
Sheriff Perry had bat little love for
the task, which the welfare of the

«| gommonwealth imposed on him but
he went about it with the usual
thoroughness for which he is noted.
. Several colored preachers arrived
gad went up t pray with Kirby and
'. Lee, while the sheriff showed the
reporter an improvement he had
anade on the methods for strepping
the prisoners for execution.
' Bhortly afterwards the reporter
went up to the prison. Besides the
Hr ere: and deputy sheriffs.

rand wife were present.

The old man satin one of the side

-|oharch, f

| the men,

badly and I should be punished. I
am satisfied that I am getting what
I deserve. I have made my peace
with my God and am going to heaven.
I am not afraid to die; God look-
ing down on my soul and knows what
Ithink. He knows I am sorry for
my sin and he knows Lee is innocent:
Have you anything more to say?
No, not until I go on the scaffold
Good bye, sir meet me in heaven
please; and Kirby went back to join
in the devotion. oe

The measured tramp of the militia
finally sounded in the jail yard, and
the St. Auguetine Rifles under com-
mand of Lieutenant Geo. Snow,
marched Into the enclosure. ‘The
company formed in ® square
with a detachment on each side of
‘eset

Hundreds of spectators poured into
the yard while fully “one thousand
were perched on wagons, fences and
trees outside she enclosure. A num-
ber of ladies secured vantage points

Ton the jail stepe and seemed as much

interested in the proceedings as were
“Exactly at 10:80 o'clock, Sheriff
appeared with Kirby; enter-

. Kirby
around

ess)

uly ts chery ot ana win |

of .Prancisco Rodriquez, Tampa | #
aftorney am NAACP leader and
two: Judge Revels said this morning
| that he. wag been contacted by
“at Orangeburg. S. C., ee ae wilt eta ey pen
D.@ series of anti-segrega- ad : Panay en an ar- |-
rades° Tuesday with fire snirent=s :
od tear gas and arrested’ No attorney hes been -named
>O marchers. The first all-; yet for Grant, it was reported, ;
ro campaign against lunch! “The Grand Jury also reported]
segregation in Atlanta! to Cir-iit Court Judge P, B. Rev-/|
77 arrests. Seventy Ne-| els that William M.-Thomas, Sv-
re arréSied at Rock Hil)! perintendent of Public Instruc.
at Columbia, 8.C., and six/ tion for Putnam County, volunta-
gustine, Fla. | rily appeared =before them. ;
| -“We find no evidence: of mis.
San Antonio, Texas. the! geasance or malfeasance on the
the city’s Council of, Part of the Superintendent of

} announced that one de- | Public Instruction,” the report |
- Store and a number of! gaiq |

| variety stores agreed to’ “Tie jury pointed out to Judge | Mil
their luach counters ;, ; dg

cvels that the fall term of the |
an face the possibility of |Grend Jury had inspected county,
‘down demonstrations. property and made recommenda-',
ston-Salem, N-C., half of (oi, asd the present jury consid- |
aculty members of Wake |; ered it unnecessary to make fur-.
‘ollege - signed a petition

; ther inquiry at this time.
e@ local F. W. Woolworth

“serve all customers’ |
eference to race.” Store| 4 }
Herman Warren sigcea US Outstrips Reds,
¥Varrants against 22 dem. |

‘in his store recently. ‘Gates Tells Senate

awn demonstrations have | oo
ce in San Antonio, but) _WASHI.GTON UPI) — Defense |

broke out at Houston, Secretary Thomas S. Gates Jr. |

- wv

! Be 70, No. iis

‘
ig
iS
i
E
;

g*3
SEERSSEE

charge of raping his 13 year ald
step daughter, was also dec)
insolvent and loca) Attorney C. 8. !

Rodriquez entered a plea of si
Jude, ordinartly | guilty to the indictment as read”’|
seal for Johnson. Green asked a con-

to manifest Your-. C Pi
wt to the world?”’
ot 9 Ae a hanges ea

ecided to ask a aa
2 the hich
sine sneer =ict I Agsault Case

loves Me will; Ebbje Lee Sermones, Palatka
gsage, and My: Negroe, Was “granted athahge of
him, and We shall: plea in Circuit Court here yester-
tke our home with! day and entered a new plea of not:
es not treasure | guilty to a charge of assault with
gs not Jove Me; | intent to murder.
the message vou

ander ast of Mer. a 397s.

= Court Kppolais Lawyers |
==iFor Johnson And Grant;

and the; ty Greg Jury for first degree mur-/| then set aside and arraignment for
; Dut you; der im the pistol slaying of Police-}dmth- defendants was reset for
live, and} mag .ieon Panik testDecemies (Sach 29.

17 -~wes declared insolvent and

to follow either Wed-
or Thursday of the same

veer wen sare Consus Forms

Out This Week

Advance Report Forms for the
1960 Census of Population and
Housing will be distributed by the
Port Office this week, March 23-
26, to all howusenolds in this area,
District Supervisor Frank C.,
Whiddon announed.

The Advance Report Form is a
new census-taking device which is
designed to speed up the field
canvass and provide more accu-
rate statistics, Distribution of
this form before the start_o

$500-Reward is being offered for inform-

— ; ation leading to ‘the apprehension of
= a ee : Jerome Davis, ginger-colored Negro,..5
—— feet, 6:inches tall, 140-pounds and about:
“= == | JBM 25 years old; wanted for the shooting and
: killing of Glenn Faulk, Palatka Police
man, in Palatka December 17, 1959. |

Dated December 18, 1959.

_ZCITY.OF PALATKA
=Raymond F. Smith, Mayor

i
|
1
“~
He eater: net ete. eencnhenpenacintitgione ones. 4s
; :

m nearby Cascade -Mountains—cansed wide- ;
ead fleeding in western Washington for ‘the

yond time within a month. (AP Wirephoto),

Ike Notes
Allies
Strength

' TOULON, France (UPI) —Pres-
ident Eisenhower declared on ar-
‘rival in France today that the
Allies are stronger than ever be-
fore and prepared to ne

ttion
ment

his morning

ee A ee vee elt rake

a
“q
A
Fe

Sica aac chal accra is ted

18 EXECUTIONS

of bleacher-like gallery seats lining one wall and sepa-
rated from them by a low, wooden railing, a framework
oak chair bolted to the floor, with leather straps dangling
loosely from its arms and legs and a thick, black electric
wire trailing off from its back.

At 10:19 a.mt., Kemmiler, the firsc man ever to be
deliberately put to death by the passage of an electric
current through his body, was seated in the chair and
was being nervously strapped in by E. F. Davis, the
official executioner.

Davis’ nervousness was well founded; no one knew
with certainty whether or not the electricity would ac-
tually kill a human being, or would merely stun him into
a comatose death-like state that, while having all the
outward appearances of departed life, would scarcely
satisfy the legal and moral requirements of the public
conscience. :

The special arrangements that had been. made for
the handling of Kemmler’s remains immediately follow-
ing the execution were anything but reassuring. An au-
topsy was to be performed on his still warm body in a
specially equipped morgue immediately adjoining the
death chamber; this highly unusual procedure had been
ordered ostensibly to allow attending physicians to view
the results of the electrocution first hand, but the press
had been publicly asking if the specific instructions to
the coroner, the immediate removal of the brain and
other vital organs, were not de facto orders to complete

Eleetrocution 19
the execution of the accused should anything in the
chair go amiss.

The circumstances leading up to what the New
York legislature called this “more humane” method of
execution were, in themselves, somewhat bizarre. Kemm-
ler, found guilty and sentenced to be hanged in 1889,
was kept waiting in his death cell for a full year because
of a sideshow observed by some New York State officials
that resulted in a change in the method of his departure
from life.

Rival electric companies, battling over the relative
merits of direct and alternating current for home use,
had resorted to propaganda in various forms to take
their case to the American people. A “D.C.” company
sponsored a travelling exhibit featuring, for select. audi-
ences, the electrocution of various size animals through
the use of alternating current. A cat and dog, followed
by a horse, killed in this manner, set members of the
New York legislative branch to thinking that, thé pro-

tests of the power companies notwithstanding, they had.

stumbled on a most efficacious method of human execu-
tion. Its cleanliness commended itself to them and, after
witnessing the particularly gruesome hanging of a.con-
demned woman in which the rope was not adjusted
properly and slow strangulation ensued, an investigation
was ordered and a series of tests conducted with a view
to streamlining the life-taking procedure. ,

The experiments culminated in the electrocution of
an orangutan the size of a small human male that, despite

Gan emote

20 EXECUTIONS

the fact that the animal’s long hair caught fire and
charred his exterior, was pronounced a resounding suc-
cess.

Kemmler, considering the long developmental de-
lay, the terror of impending death, and the unknown
character of the lethal charge about to enter his body,
took things calmly enough. The same could not be said
for his executioner, the warden, and the official wit-
nesses. Once the straps were affixed, one electrode in the
shape of an inverted metal bowl was fitted to his head,
and a second one fastened to his back. Davis, the execu-
tioner, retired through an open door to the room where
the master panel was mounted and, on a signal from the
warden, threw the switch.

Kemmler, convulsed by the electric charge, lurched
against the straps, and the chair, inadequately mounted,
began a macabre rocking motion as though the con-
demned man was straining backwards and forwards to
free himself. Because of the general fear that the charge
would not kill, an extra heavy voltage was sent through
the body, drying out .the back electrode and causing
smoke to begin rising from the flesh.

The current was kept full on for a seemingly in-
terminable five minutes while the straps bit deeply into
Kemmler’s flesh; the electricity crackled ominously, and
the chair continued its rocking motion. The current was
turned off, one of the witnesses screamed, “My God,
he’s alive,” and Kemmler’s chest was seen to be heaving
as a purplish foam dribbled from his lips. His entire body

Electrocution 2)
had turned a brilliant ved and everyone in the room ap-
peared about to lose hold of their reason as the warden
signalled furiously to the executioner.

Finally, Davis regained his composure and sent
charge after charge of current through the prisoner in a
series of quick “bursts” that caused a blue flame to play
up from the base of the condemned’s spine and further
reddened his skin. Four minutes later, the current was
shut off again and Kemmier was unstrapped and rushed
into the autopsy room. There, his brain, in the words
of a witness present, was found to be “baked hard,” the
blood in his head had turned to charcoal, and his entire
back was burned black.

Public reaction was swift. Said the New York
World:

“Physicians who might make jest out of the dissect-
ing room, officials who have seen many 2 man’s neck
wrenched by the rope, surgeons who have lived in hos-
pitals and knelt beside the dead and dying on bloody
fields, held their breaths with a gasp, and those unac-
customed to such sights turned away in dread.

“The doctors say that the victim did not suffer.
Only his Maker knows if that be true. To the eye, it
looked as though he were in convulsive agony.” 2

Despite the understandable hue and cry raised over
the questionably humane method of killing by electric
current, ‘‘chair” executions continued over the next two
years with increasingly acceptable results. ‘The tew

method of dispatching the condemned was just begin-

3
|
4
f
Be
$
$
z

22 EXECUTIONS

ning to gain public acceptance when, on July 27, 1593, 4
man by the name of William Taylor was strapped into
the chair, the signal given by the warden, and the fateful
switch pulled.

Taylor reacted characteristically to the first 2,000-
volt jolt of current; his body lunged against the straps,
his breathing became rapid and deep, and his skin began
to turn red because of the tremendous increase in hus
body temperature. The switch was returned to neutral
position then thrown again.

Nothing happened.

Frantically the executioner worked the lever in and
out of its metal contacts but the prisoner merely sat half
slumped forward against the straps, apparently uncon-
scious but twitching slightly from the involuntary mus-
cular spasms caused by the first shock.

Obviously there was a break in one of the wires car-
rying the current to the chair. Taylor was unstrapped
and gently carried into the nearby autopsy room where

he was laid on the very table that was meant to serve as.

a platform for the dismemberment of his lifeless body.
Physicians originally scheduled to officially pronounce
his departure from life and to remove his brain and vital
organs, now worked frantically over him to make cer-
tain that he suffered no unnecessary pain. A morphine
injection was followed by the inhalation of chloroform
as the doctors conducted the delicate treatment designed
to keep him alive without allowing him either to die or
suffer.

Electrocution 2

This ironic medical balancing act was conducted
against a background of frantic electricians working fe-
verishly to repair the chair. The official witnesses, unsure
of the law but compelled by mutual uneasiness, were
restlessly whispering to one another, demanding that the
execution be conducted immediately or that Taylor be
granted a reprieve. This turn of sympathy when faced
with a bungled job is, as we shall see later in this volume,
characteristic of spectators no matter what the method
of execution or the period of history involved.

The chair was pronounced ready after fifteen min-
utes delay, the unconscious Taylor was solicitously car-
ried out and strapped in, the current was applied and the
condemned man was soon being trucked back into the
autopsy room where the same physicians, having substi-
tuted scalpel for hypodermic, proceeded to dissect the
corpse.

The furor caused by Taylor’s interrupted departure
was soon stilled, however, and by 1906 over one hundred
condemned prisoners had been dispatched via the chair.
The public conscience becomes aroused only when it is
stimulated by some overt act, and the methodical elim-
ination of the condemned through the use of electricity
proceeded at an orderly pace for nearly twenty years
before it, once again, became the subject of widespread
indignation.

The circumstances themselves, the double electro-
cution of a man and woman, even if unaccompanied by
the ghoulish aftermath, were ertough to whet the press’

ee a

aeta

Florida Times--nion

Jacksonvible, Flao
7-10-1939

Tallahassee Democrat/T Ue., July 21, 1992/3R

Last-minute appeal fails
to stay Kennedy execution

A protester in
Tallahassee says the
courts seem eager to
execute the convicted
murderer. His sentence
is scheduled for today.

By Jackie Hallifax
Associated Press

A man sentenced to the
electric chair for the 1981 mur-
ders of two people, including a
State trooper, lost a last-minute
appeal on Monday as protest-
ers sought to save him.

Edward Dean Kennedy, 47,
who has survived three other
death warrants, is scheduled to
be executed at 7 a.m. today at
Florida State Prison in Starke.

May, he
came with-
in two
hours of
being exe
cuted be-
fore the
U.S. Su-

preme
Court gave
him a re

prieve. But Kennedy

three
weeks ago, He avoided exe-

the na- Cution in May.
tion’s high

court turned away a review of
Kennedy’s appeal.

And late Monday morning,
the 11th Circuit Court of Ap-
peals in Atlanta denied Kenne-
dy’s appeal, according to Rich-
ard Martell, an assistant
attorney general. Gov. Lawton
Chiles said he thought the exe.

cution would take place this
time.

Kennedy was condemned
for the murders of state Troop-
er Robert McDermon and
Floyd Cone Jr. in Duval County
following a prison escape. He
had been serving a life term
for the 1978 Slaying of a Dade
County motel manager.

At a Capitol protest rally by
40 people Monday, Tallahassee
lawyer Jimmy Lohman said
the courts seem eager to exe-
cute prisoners like Kennedy.

“Doors are slamming in his
face because a Kafka-like web
of procedural technicalities
has been constructed by the
courts to keep death row in-
mates from getting in the
courthouse doors,” Lohman
Said.

He and some of the other
speakers said Kennedy stands
Out from other condemned
murderers. Lohman described
Kennedy as a bighearted per-
son who helps fellow prisoners
and has become an accom-
plished painter.

“He’s become a very sensi-
tive human being,” Lohman
Said.

But one of the survivors of
Kennedy’s victims had a differ-
ent perspective.

“There was no excuse for
this murder. I don’t feel any
remorse for this man,” said
Richard Massey, who is mar-
ried to McDermon’s sister, Sue.
“We are both looking forward
to this man getting his just
due.”

The Jacksonville man is on
the list to watch Kennedy’s
execution.

Foes of death penalty gather as

By Larry Schnell
Staff writer

GAINESVILLE — While attorneys for
killer Edward Dean Kennedy fought yes-
terday for his fourth stay of execution,
death penalty opponents gathered to
charge that the courts had denied him
justice.

Kennedy, 47, was scheduled to die in
Florida’s electric chair at 7 a.m. today
for the 1981 murders of Florida Highway
Patrol Trooper Robert McDermon and
Floyd Cone Jr. in Baldwin.

Yesterday, the llth U.S. Circuit Court
of Appeals and the U.S. Supreme Court
rejected Kennedy's latest appeal.

The death penalty opponents are angry
about the courts’ decisions not to hear
Kennedy's appeals. They argue that the
Supreme Court found the sentencing
phase of his trial unfair but won't force
the state to rehear that part of the case.

Before jurors recommend the death
penalty or life imprisonment, they must
consider the factors in the case that sup-
port execution as well as those that sup-

FOR AN UPDATE

Edward Dean Kennedy was to be
executed at Florida State Prison in
Starke at 7 a.m. today. For an update
after 7 a.m., call The Florida Times-
Union’s Info Touch line at (904)
355-1500 from a touch-tone phone,
then enter 5600.

port life in prison.

If they decide the crime is “heinous,
atrocious or cruel,”’ they may use that to
support the death penalty, as they did in
Kennedy's case. But a Supreme Court
ruling earlier this year said the definition
of heinous, atrocious and cruel is vague
and should not be used by a jury in rec-
ommending sentencing.

The Supreme Court stayed Kennedy’s
last scheduled execution in May to con-
sider that argument but then declined to
hear his case. The same day, the court
overturned six other Florida death cases

_ (See FOES, Page B-2)

execution time nears

—

catdbenemonereseno cotecomninsttinet

— M. Jack Luedke/ staff
Susan Cary, a lawyer for Edward Dean Kennedy, a convicted murderer scheduled for
execution this morning, displays photos of Kennedy and some of his artwork.

B-2 «xx The Floriba Times-Union, Jacksonville, Tuesday, July 21, 1992

Foes of death penalty
gather as time nears

(From Page B-1)

for the same issues cited by Ken-
nedy.

Kennedy has been granted three
stays of execution but has never
had a chance to make formal argu-
ments before a court, Gainesville
attorney Susan Cary said.

Ms. Cary was one of several death
penalty opponents who gathered at
the Alachua County Courthouse to
oppose the execution.

Also yesterday, Kennedy canceled
a group interview with reporters
and instead met only with a report-
er from Emerge, a New York-based
monthly publication that bills itself
as black America’s newsmagazine.

Department of Corrections
spokesman Gene Morris said Ken-
nedy gave no reason for canceling
the group interview. He said only
that Kennedy preferred to talk to
the Emerge reporter.

The interview was the magazine's
second with Kennedy, Morris said,
and an article about him is sched-
uled to run in the fall.

Morris said Kennedy seemed qui-
et and calm yesterday afternoon.

‘He was just relaxing on his cot
in his cell, leaning back watching

TV,” Morris said.

Kennedy escaped April 11, 1981,
from Union County Correctional In-
stitution, where he was serving a
life sentence for murdering a Dade
County man. He fled to Baldwin,
broke into Cone’s mobile home,
and killed Cone and McDermon
when they arrived home.

Death penalty opponents yester-
day displayed some of the paintings
Kennedy made during his 11 years
in prison and said they showed a
sensitive, human side often ignored.

Some portray flowers, others
landscapes. One shows two flowers
growing from a stone wall. No peo-
ple appear in the paintings.

“This is a man who's lived in a 6-
by-9 [foot] cell for 11 years with no
natural light,’ Ms. Cary said. ‘‘This
is coming from inside of him.”

But a relative of one of Kennedy’s
victims has a different perspective.
“There was no excuse for this mur-
der,’ said Richard Massey of Jack-
sonville, who is married to
McDermon’s sister, Sue. ‘I don't
feel any remorse for this man. We
are both looking forward to this
man getting his just due.”

Massey is on the list of witnesses

to Kennedy’s execution.
This report contains information from
The Associated Press.

iaeaies
< nese" le ;
chair oe 4 |

By DAVID GREENBERG

Sun staff writer

STARKE — With the father of one of his
victims watching, Edward Dean Kennedy told
witnesses at his execution Tuesday, “Peace be
with you all. Allahu akbar (God is great).”

Moments after uttering those final words,
Kennedy, 46, was killed by the 2,000 volts of
electricity that passed through his body as he
sat in Florida’s electric chair.

Kennedy was_ sentenced
104 years ago for the 1981
killings of Florida Highway
Patrol Trooper Robert
McDermon and his cousin,
Floyd Cone Jr., during an
escape attempt from Union
Correctional: Institution in
Raiford. He was serving a
life sentence for the mur-
‘der of a Miami motel man-

Kennedy ager when he escaped:-

What made this execution different from
the 28 previous ones since Florida reinstituted
the death penalty in 1979 was the presence in
the death chamber of Floyd Cone Sr. of Bald-
win. The convicted killer and Cone sat about 5
feet apart, separated by a pane of glass, Re-
cent victim rights legislation has made it possi-
ble for family members of the inmate’s
victims to witness executions.

Cone sat motionless in the first row of the
witness room as Kennedy was strapped into
the chair. There was a brief moment of eye
contact between the two men, but [Kennedy

spent most of his time looking directly ahead »
at Susan Cary, one of his attorneys, and Iman° °

Rabanni Mohammed, a Moslem minister who
spent the night outside Kennedy’s cell.

When Kennedy entered the chamber, he
mouthed the words “I love you” to Cary. She
said later that was a message for all the people
who had helped Kennedy in the last several
years.

Then Kennedy and Mohammed _ began
mouthing prayers until it was time for the in-
mate’s last words.

The execution was carried out at 7:06 a.m.

See EXECUTE on page 4B

EXECUTE

continued from page 1B)

Cone released a prepared’ statement,
saying that justice finally came but
with too long a delay. Kennedy was on
his fourth death warrant. He was two
hours away from death’ on May 1
when the U.S. Supreme Court stayed
his execution. The stay” Was lifted
three weeks ago.

“Floyd Jr. and Bob McDermon
were tried, sentenced and executed in
a matter of minutes,” Cone said.
“They were denied any time for ap-
peals for their lives.” eM

After reading the statement Cone
said, “My wife and I now have to get
on with our lives. It'll never be the
same as it was before.” 2"

Cone said he will continue his prac-
tice of standing across the road from
the prison during executions.

Only a few feet away from Cone,
Mohammed talked about Kennedy's
final few hours. Wit

“He was in a very soe state,
very repentant,” he said.

Cone and Mohammed spoke with
each other briefly, referring to a letter
Kennedy sent Cone on Monday.

“His letter included an apology,”
Cone said. “I have accepted that
apology.”

As the hearse carrying Kennedy’s
body left the prison, five death penalty
opponents stood in silence, while other
people cheered.

Department of Corrections spokes-
man Gene Morris said Kennedy’s final
night was uneventful.

During an hourlong interview with
a reporter from Emerge magazine, a

_New York publication, Kennedy, a

Death Row artist and musician, talked
about jazz and art. He also endorsed
Bill Clinton for president.

Following the interview, Kennedy
met with members of his defense
team. He didn’t eat his last meal of
steak, eggs, baked potato and straw-
berry shortcake.

KIRBY,

Jaemes & LEE, Robert, pinanes pera’ St.

LAUNCHED NTO
a ETERNITY

“Jone Kirby and and Robert Lee Paid
the Sang for Thelr Crime
~ This. a: Metaiag. |

eter

“toTH MET. Oe

é = Mounted ihe Boaifold. Sond With s Smile
eee ‘on Their Lipe and Diod
Without a Tremor.

eal

“a AN INNOCENT Wil SAID LEE

ene deme

“On the Scaffold Both: Kirby and Lee
Proclaimed the Latter’s Inno-
conce—Tha Fxreention
Was Witnessed by a

‘Large Crowd.

The dawn of another day had little

< gignificance for the residents of this

: city, but the rising of the great king
* of day was fraught with awfal mean-
“2° ing for the two condemned men, Jim
ha Kirby and Robert Lee, who. for the

> dast time ‘gazed out on the blue sky

and d gteen trees. The dewey morn-

te tog fiaden with the fragrance of the
e woods and the invigorating sea air
bs ' floated in. through the windows of
“$he jail. The condemned men
~ yealized, as if in a dream, that all
6 his mustsbon pass from them for-
@ver;: that in a few hours their
=>" podies so attong and vigorous would
ya mouldering in the grave, while
thelr souls would be before the
<<) jadgment-seat of God, Long and
ce wistfully they looked through
a “the barred windows while fervent
a, prayers to their Creator for mercy
ae and pardon formed in their hearts
a “and were given uttearnee by their
BS Upe.
<t -A Reoorp reporter was one of the
=e first to arrive at the jail grounds
“SE ehte marine He fonnd the wental

wiki some statennonti’ the’ “tatter}
smiled and sald; “They are. pang}

Judge and

ing an innosent | man, As God ls myt
g that muss, faoe|

Him Innceent or gullty, 12's.
minutes, Lam lnnooent* 5 nt
Tthe ‘express offies: ‘at Haatts ge. th
day of the murder of Mr, Eskew?” «
“TE did not see. xy ne ;

me Safed

weatelys Br
the result after. death, <I. am dying

{Iam guilty.and that J: have been
cursed and abused, bot. T am. ‘Jnno-
cont, and you will learn such in the
next world if net in this.” .
Did you sleep well last. night? .
“Yee sir; I prayed half the. night
and slept during the remainder.” —
Have you joined any ehureh?-
“Yos, [have joined the Catholic
Church, and bean baptised.”
Have you anything farther to state?
“No air, but I would like yéu to do

the crime of which I was aecused,
that I died happy and bravely.”

The reporter shook hands with
him and told hin good bye. Lee
amiled again and returned. to the
services that were in progress. i

r KIRBY'S, STATRMENT, SA

The reporter then called Kirby to
the rear. You are James Kirby,
“ves, sir.” Have you any statement
yoa would like to make to the publie
through the newspaper, “I, yes, sir.”
“Is Lee’ guilty,” “No, sir.” “Did
he have anything to do with plann-
ing the murder,” “not a thing,
I alone planned it and killed Mr,
Eskew. I have tried to save Lee,
but failed. But you can state that
he knew nothing of the affair until it
was all over. Why did you impli-
cate him? I cannot tell myself and
T can not talk now as I want to. J am
too worked up, but I will mfke a
statement on thescaffold.” Are you
reconciled to your fate? Yes, I com-
mitted the crime. I have sinned
badly and I should be punished. I
am satisfied that I am getting what

V Anoacwan VT heawa mata mv nanna

justly with meand. have ies feats for
happy. I know the: public: believes

me justice and say I died innocent of|

SUEUR Os FL 8= 2- ; ~Y

Bree

CR Re: Met SE TES IE BORE Se

Police the family

brother,

and Mrs. Parker’s brother, Billy
Banks, 17, were asleep in a reer
room of the apartment but man-

dged to escape. Mrs. J. M. TR
pn. who occupied the u ,
partment, and her four c n

also ned: after the fire broke out.
i t
‘OCALA COPD) — One “womas

was killad today when four cars
and three buses carrying M ;

high schoo) students gms | |
Orange, Bowl banged : fie ie in

ethafn' reaction odll ion, .. Dead
was Elizabeth Mary Lee) 39, Old-
town, whose car smashed into the
rear of one of the buses in a pre-
dawn fog, © °° * 3 war

ee sre

‘TALLAHASSEE (UPI) — An-
other lost plane myst loomed
here today with the overy

mipy area 25 miles

of here. ' The plane, repérted
Tuesday by two duck hunters,
was fond, only £0 miles from
the spot where eo l-yeer-old
military p was
last week, the pilot’s body still
in the cockpit, |

ee ¢ @ -

SANFORD (UPD—A man‘ bad
a 6-year-old boy were killed Tuee
day when thei® 14-foot boat hit a
swell and threw them into the
water, Dead were Winford Nor-
ris, $39, of Durham, N.C,, and his
grandson, Eric Christian of Ovie-
do, ' .

The boy's father Fred Chris-
tian, 28, driver of the boat, and
two of Norris’ children, were res-
cued by another boat.

@The Nation

REEDS SPRINGS, Mo. (UPI)—
The 450 residents of this small
southern Missouri backwater
community watched and waited
today to see if smallpox would
strike again. A schoo] bus driver
was stricken with the dread disease
Christmas Eve, only hours arter
he had visited every classroom in
the Reeds Spring school to look at

holiday displays.

Je ai zi | 18, !

‘ohtuon te reported to. wear, () -
The hunt jist ended started
Monday mid-morning following a

mistaken when he pulled # gun
on heft and told’her to kefp quiet,
before turning and running down
the toad, ¥s oh at °
.: Thé women reported this to dtd
Smith, @ parttime Welaka Negro
policéman who relayed the infor-
mation to the Sheriff's Office here
find & search as been underway
constantly since then with Jeeps,
horses and bioodhounds brougtit
into play as every foot of the area
Was searched, =

“There js nothing we can do
flow except walt for atother
break,” Sheriff Pellicer safd this
morning after pulling his men
off the aedrch, ../ :
_ Every available officer from the
Putriam Bheriff's office, officers
from Welaka and Crescent City
and bloodhounds and officers
from the Volusia County Sheriff's
Office have been pressed into
service in the search.

“Whether this is Johnson I do
not know, but I do feel that there
is a man in shot gree who should
be picked up and checked out,”
Sheriff Pellicer said.

The Palatka Police Departmen’
has reported that FBI ballis‘
experts have confirmed that ‘
pistol found about four b)
from where Policeman Faul’
fatally wounded was mm
with the bullet removed f)
policeman’s skull.

The pistol was identifi
one stolen from Pete's
on the night of Dec.
was killed in an attemy

ao me’

oO oe Pew

ges
rs :

The dy
~~ ‘
3 ae ere

te te

young mother from spreading.
' es 8 ® ek Pes

if ie eek
4 TLANTA (UPI) — The Na-

mal Assn,.for the Advatice-
ment of Colored People and th

Montgomery, Ala., to Atlants on
Feb, 1 with the avowed inten.
tion of combatting southern seg-
regation policies,

@The World

° t
\'

HAVANA (UPI) — The govern-
ment sponsored Havana Prese
Assn. has authorized newsmen
and printers to label any foreign
news story they disapprove as
“false or unethical.” A resolution
approved unanimously by the as-
sociation authorised newspa
employes to ‘‘clarify’’ any foreign
item published by their paper
which in their opinion contains
*‘false or insidious data’ concern-
ing Premier Fidel Castro's revolu-

tionary regim~.
on ee |

QUEBEC CITY (UPI) — An
air search for several mee fear-
ed marooned in fishing shacks on

ice floes in the St. Lawrence |

| THE BULLE:

River was, called off early today
after a government helicopter
fend no trace of them during
Pre dawn flights. A helicopter

We
‘| préduced tio suspect.

E. Hargrove, had. adimitted | Official, bit ft ts- eretood that
! ung fo ‘etn cal ek they came from an unidentified

Christian Leadership |.

nam County Sheriff’

} bloodhound ¢rom Volusis Courity,

@nd: af‘tioon today had

.
Ae

Reports this manhunt, ai
the present fime, bre iostly un.

Negro woman who is said to hive
met &® Negro man on a toad in
| Welaks about 6.2m. Monday who
pulled @ gun on her and told her
If she said
her, The mah then rab through

iatiy ‘tracks which imay have
found would fot be trampled

by volunteer help, it was oe

| A ttatewide search has beer! 11
progress for pore,

and is currently an escapee trom
the State Prison at Ratford. He|
is reported to have eacaped in|
November 1958, |

\ A $1,000 reward his teen offer. |
ed here for information leading ;
to the arrest of the murder sus.
pect. The County Commission-
ers, at their last meeting, broach.
ed the subject by adding $500 to
the reward, but took no action|
pending the legality of such a/
move,

| STP TREC

| : 7) bare rane aac. |_| ae ae. in,

and entering and other -charges, |

erento i emncnritenrete ar. Y, eae ae pt inientsiodeas cease

dged to escape. Mrs. J. M. TH
Hae who occupied the upstairs |.
partment, and her four c n

blso fled, after the fire broke out.
@ The State of :

wee a ee
‘OCALA (UPI) -- One woman
was killed today when four cars

aid tates ie ars aa
high school students to Migml’s
Orange, Bowl anata ‘fee pin

aehain reaction obision, ;. }
was Elizabeth Mary Lee! 39; |
town, whose car smashed into the
rear of one of the buses in & pre-

dawn fog. — i 4

~ i * 2 i at | 7
TALLAHASSEE UPI) ~ is!
other Jost plane sapetart loomed
here today with the
ot E Elgadenige rogatt,
wanipy area 25 miles southe:
of here. 'The plane,
Tuesday by. two duck hunters,

was fotihd, onty £0 miles from
the spot where a 15-year-0
military plane was

last week, the pilot’s body still
in the cockpit, 4 :

e.68lh—lUm |

BANFORD (UPD—A man'bnd
a 6-year-old boy were killed Tuee
day when their 14-foot boat hit a
swell and threw them into the
water. Dead were Winford Nor-
ris, $9, of Durham, N.C., and his
grandson, Eric

an of Ovie-

iz
i

z
‘
fet
HT

F,
i
BEE
iti
LF

‘The hunt just ended atart

Monday mid-morning following a
report from an unidentified Negro
woman in Welaka who féported

the spike .to;,): Megro man she
thought she kn about 6 a.m.

the toad, ia hoe tenes +
Thé women reported this to ded
Smith, q parttime Welaka Negro
politémah who relayed the infor-
mation to the Sheriff's Office here
tind & search. has been underway
constantly since then with jeeps,
horses and bloodhounds brougtit
into play as every foot of the area
Was searched, ee
“There js nothing we can do
tiow except walt for another
break,” Sheriff Pellicer safd this
morning after pulling his men
off the sedre i, 3b ;
_ Every avaliable officer from the
Putnam Bheriff’s office, officers
from Welaka and Crescent City
and bloodhounds and officers
from the Volusia County Sheriff's
Office have been pressed into
service in the search.

AGRE

“Whether this is Johnson 1 do

eS Ee ee ere

as SO Ger .§ 4 & Se ome

POQOsi2

cbhli@ Cae

. Se

room, ane hundreds ©. pusiol
rawn. ‘Lhe colered pcople, afier the
igeper pad becn- placed ip the jail,
nitde dn attempt to lynch Pendleton,
but Were unsuceess@et, Chings quieter
Qoren int! nickt hen the Regen

> Were

\ P seh aus
ae . Sure

CO ee nh Rt

JOHNSON CONFESSED
I A SERIES OF GRIMES

¥
4 4
ee

MADE LONG SPEECH ON THE
Me GALLOWS.

en te

_Attorneysa Thought He Was In-
mocent and Asked for Com-
mutation of Sentence.

-—

Atlanta, June 14—Standing on ihe gal-
dows, Will Johnson, ao negre. convicted |
of criminally assvulting Mrs. Georgian Hem. |
“bree, a white woman, In the <uturt<e, Tist
August, todiv confesse.?? his coime, ard tn-
cluded in his confession ai het of other
assault« and murders that have mystified
the police of Fulton county for the past
year, When by had finishet, he warned
Kis bearers to avold his exainple and the
trap was sprung His neck was broken and
Hfe way pronounced extines in tnlPty-tive
Minutes.

“Johnson admitted an the scaffold that he.
‘shot Amos Moody, ao white farmer, who
Was murdered on his was home on August
16, last year; that he attempted an Awe |
gault on Miss Lawrence, atear Atlanta, |
August ®, by which she was left un-.
conscious, with one eve gouged gut, for
Which crime another negro was sentenced.
TOD VOCUS INI PEI TTA OLA he enrprtear
a shotgun throug! ant open indow of the |
residence of J. Wo Bryant, ‘ farmer, live.
‘Ung several miles north of the city. on the:
Might of November 22) 7 last, sertousty |
wounding Mr. Bryant and hig sister; he,
confessed fo attempted aasaulis on two
white woman in the suburbs of Atlanta.
last fall and he concluded his admissions:
by telling of the murder of a man. whom
he called Jackson, tn Texas, several years
ago.

| So convineed were his attorneys of John-
Son's innocenee that they brought the
Case before the state prison commission rs
late as Vhursday of this. week, asking for
a commutation of sentence co lte imprison.
pment. This was refused and how. Terrell
also Aleclined to take action on the appe
for clemency,

r ; ; ;
he Florida Times-Union (Jacksonville), Friday,

September 24, 1897.

Sylvanus Johnson Executed. at Key
West for Rape.

‘Knot Slipped-and He Stran-

gled to Death.

‘Johnson Was the Cause of Key
West's Riot.

‘In It One Man Was Shot and
“Others Hurt.

Yd ee

le! ,

Oo eahini raat ws Sia snes’
ae: rem A Perey

ont, \ 7) _—
fat a Special Term of Court Johneon
S'was Tried, and It Togk Jast Tw6

pms

a oare—to—-Convict—Hla,———

. = ee ie

+) i -

FeKey West, Bept. 23.—dytvanua John-
‘gon was executed at 11:52. He strug-

"of wtrangulation. | |

"i He was led from the jail to the scaf-
#614-by. two deputy: sheriffs, singing
“Nearer, My God, to Thee.” In hie
‘whore address he blessed and forgave
‘OH the omcials, his friends and his en-
‘erniles, and concluded: "Oh, Vather, I

li-be in Thy kingdom soon.” |
she diack, cap wastedpitted and the

‘tap eprung by Sheriff Knight. Drs.
jafalioney and Harris were in attend-
gtce.

Miatory of His Crime.

On tho 23d day of June

Atwell,-- Mra Gadie-Fabal.

married lady went to tne

about. two miles from _ the city, to
gather wild sapodillas. While walking

along they heard some one
{hg rocks at them. Two o
Dbegan to run, whén Mrs.

them to stop, that no one would hurt
¢hem:. Soon after Sylvanus Johnson

appeared and cursed the

overtook Mrs. Sadie Fabal’and began
to. fight with her. Mrs. Maggie Atwell

at once went to the is

‘friend, and hit him the head with
a bottle. A struggié took
Sc )

-_ d's |
grasp, and he ized hold of Mrs. At-
well, who foyght to free herself. The

negro then dragged the

he {sland {n the hope of

the city before any one saw him. In
‘this: he’ was unsuccessful, as the two
ther women had reached friends and

given .an. account of what had taken
‘place. Several men started in search
ot rhe neRro with guns, and saw him
pay ‘distance. off running... They
headed him off and arrested him. He
women, who

was then taken bofore the
‘$dentified him. ~ °

%, é

he was taken to the

“About, 1 o'clock that night-a crowd of

hiftizens assembled about

‘my head to the affair, and
oped. : .
pane Sh next day the lacal
twhen Sylvanus Johnson

Nearirig on the. afternoon of the 26th
fot. June there were hundreds of people

{ni the Court. House Sau
‘eolored men were loud in

ination of throats of lynching. When
yehe: justice of the peace 0 ered the

oner to jail without bonds, Charies
*e leton arose in the Court House

4 asked if there were
nin the court..room.

a “at the same time
Fm fi platol.

‘pushes and choked her to the
During the struggle John-
son's shirt was torn on the arm.

‘i Tre negro tried to make hls cacape
going toward the opposite side of

Za.» Mfforta to Lymoe

“4
ee tk aa eee: aR UES ott ys
> %. bi a)

rr Better counser- prevailed,

: an attempt was
‘ @ to lynch the brute, but there was

Mra. Maggie.
and. another }
Salt Ponds,

begin throw-7
f the_womon
Atwoll £6ld

wymhen, He

tance of her

place, when

reaming girl

getting into

1 ab bet

County Jail.

a block from
_to...beat

it was aban-

papers gave

was given &

re, nd _the.!
elr condem-

enough white
to .lynch..the
drawing a 44

Rioting Begine.

ofthe erentaat Sotstertiation exiated,
BUC the pespre ruwned: fiom thé court
foom, and hundreds of Distols were
ae = SOTOTed- people, after. the |.
Ptisoner had been placed in the Jail,
iade. ~attempt to lynch Pendléton-{
Hut were unsuccessful, Things quieted
wh Untit night, when the negroes}

A ! 9.cla
HChomas. Street,

Men were beaten. .

R
a4
3

“and ran things

x @ riot took placé o
and Willie Gardner
not through *vith a rifle. belonging +:

one -of Veterans, and. several

eter about te

‘Mia Trial,

~of-the-tttal--the-

to the jail.

’
‘

«the -Criminal-Court- that. convened |
Tt; COTE wen: T
me ae the penitentiary ¢ t taking |
“In the ‘riot:

mh Wedrieatay;- Auguat-11;- a-spectat

fon: lipa,waa held "at Kee Wes
a2 Syivanus.” Johnson was tried for
» and In two hours from the be-

eens ed. ta he. hung, . XDe evidence |.
direct and conclusive, the Victim
sGantifying the prisoner, Johnaon was
‘BOM, and held’ out. with brave spirits
until’ the ‘death sentence was: passed
Rim, when he had proetration tn the
Prt room, and two deputies had to
mm

Execution’s final, swift steps begin

= Edward Dean Kennedy, who killed
a trooper in 1982, is scheduled to die
Friday. Courts have rejected his
appeals twice.

By CHRIS LAVIN
Tunes Stati Writer

More than a decade after he killed a state
trooper, Edward Dean Kennedy is scheduled to
die this week in the Florida electric chair.

But don’t expect the same kind of angry
court-vs.-court struggle that preceded Califor-
nia’s execution of killer Robert Alton Harris last
week.

Florida is much more experienced with the
death penalty and, though it is long, the road to
Florida’s electric chair is smoother than the
route California traveled to the execution last
week.

Kennedy’s attorneys were filing last-minute
appeals in state courts this week, and they
planned federal appeals if needed to block the
execution. Monday, the state Supreme Court
agreed to delay the execution until 5 p.m. Friday
to review the latest claims. The execution had
been scheduled for Wednesday.

The state Department of Corrections has
scheduled the execution for 5:01 p.m. Friday.
The warrant is good for an additional three and a
half days.

“We believe there are several significant
issues that the courts should hear in this case,”
said Billy Nolas, Kennedy’s attorney. ‘We're

simply asking for a delay so the courts can
evaluate these issues.”

Kennedy, then 35, escaped from Union Cor-
rectional Institution in April 1981. He broke into
a mobile home in Duval County and was chang-
ing clothes when he was surprised by Trooper
Robert McDermon and the home’s owner, Floyd
H. Cone Jr. Kennedy exchanged fire with the
two, killing both.

He was sentenced to die in 1982. In the
decade since, Kennedy’s appeals have been re-
jected twice by state and federal courts. Pleas
for clemency also have been rejected.

Nolas has asked Florida judges to reconsider
elements of the trial and sentencing. The trial
was conducted in a small DeLand courtroom
before a gallery filled with state troopers. “That
had to have an effect,”’ Nolas said.

The jury, he said, was allowed to weigh
several improper aggravating factors when con-
sidering whether Kennedy should get life or
death.

But Carolyn Snurkowski, the assistant state
attorney general who specializes in death penal-
ty cases, said Kennedy’s latest appeal repeats
issues the courts have rejected. She expects an
execution this time.

If Snurkowski is right, Kennedy’s appeal will
head from the state to the federal courts — a
realm increasingly intolerant of last-minute legal
scrambles to stop executions.

In the Harris case in California last week,
judges for the 9th U.S. Circuit Court of Appeals
tried several times to stop the execution with
last-minute stays. Some legal experts saw the

stays as an attempt by liberal judges to stop
California’s first execution in 25 years.

The conservative U.S. Supreme Court re-

peatedly vacated the stays, the final time with an’

order seen as a stern admonist.:rent of the 9th
Circuit judges. Harris died in the state’s gas
chamber after a bizarre on-again, off-again pro-
cess during which he was strapped in twice in his
final hours as the federal judges feuded.

But Florida cases are appealed to the 11th
Circuit Court of Appeals, which has been less
willing to buck the U.S. Supreme Court’s efforts
to limit federal appeals of- state death penalty
cases.

“I think the 11th has more (conservative)
Reagan and Bush appointees,” said Larry Spal-
ding, who heads the state agency that handles
appeals for death row inmates.

Death penalty cases routinely undergo re-
peated judicial review — first by the state
Supreme Court and the U.S. Supreme Court.
Later, state and federal appeals scrutinize the
trial process to ensure that the trial and sen-
tence are fair.

After a death sentence case has been re-
viewed twice by state and federal courts,
though, the U.S. Supreme Court has become
increasingly unwilling to hear additional appeals,
Spalding said.

That is the obstacle Kennedy faces in his
effort to stave off his execution. The state and
federal courts have reviewed his case twice and
have seen no reason to reject his conviction or
death sentence.

Z66L 87 WedvV AVOSINL

2 courts reject appeal
to halt today’s execution

Associated Press

TALLAHASSEE — State and fed-
eral courts rejected an appeal yes-
terday for convicted double mur-
derer Edward Dean Kennedy,
scheduled to go to Florida’s electric
chair this afternoon.

Attorney Billy Nolas said he
would turn to the llth U.S. Circuit
Court of Appeals in Atlanta after
U.S. District Judge Patricia Fawsett
refused to stay the execution.

Only a few hours earlier, the state
Supreme Court also rejected Ken-
nedy’s claims, saying the issues
raised on appeal were or should
have been considered in two pre-
vious rounds of appeals before state
and federal courts. One justice,
however, raised questions about the
sentencing.

Kennedy, 46, is scheduled to be
executed at 5:01 p.m. today in the
electric chair in the 1981 slayings
of Florida Highway Patrol Trooper
Robert McDermon and Floyd Cone
Jr. in Duval County.

State Supreme Court Justice Ger-
ald Kogan concurred with the

court's decision, noting current law
forced him to agree the issues
“should have been litigated long
ago.” But he had doubts about the
handling of earlier appeals and a
claim of ineffective counsel.

“The worst inconsistency is that
the trial court, with apparent acqul-
escence of defense counsel, com-
pletely failed to instruct the jury on
the mitigating factor of extreme
emotional distress, even though this
was the most prominent feature of
Kennedy's defense,” Kogan wrote.

Though urging new rules that
would let such issues be brought up
later in the appeals process. Kogan
noted the U.S. Supreme © urt de-
nied a petition to consider “:.e issue
earlier this year.

Kennedy was sentenced ‘v death
in 1982.

After escaping from prison while
serving life sentences for murder
and attempted armed robbery, Ken-
nedy broke into a mobile home
owned by Cone. The two men were
killed in an exchange of gunfire.

1 Key ‘Aepu ‘aiyauosxoee “MOYMED- BUY PQuoLs 34D

c66t

Che Gatuesuille Sun

Mi GUEST COLUMNIST

Wednesday, April 29, 1992

Kennedy doesn’t deserve to die

Susan Cary is a Gainesville lawyer and death penalty
opponent.

By SUSAN CARY

ago, I thought this man was going to death row.

Black. Convicted murderer. Prison escapee. Killed
two white men tn @ shoot-out, one a trooper. This guy, |
thought, must be 6 real monster. Appearances can be
deceptive. | was wrong about him. So was the jury. But
we can’t blame them. They'never really knew aboul blm,
either. He is now scheduled to dic, perhaps as early as
Friday.

His name is Edward Kennedy. From Boston. Not the
Edward Kennedy, senator. But Edward Kennedy who
grew up a3 the only black kid in a rural Boston sudurh,
whose father jeft the South after witnessing the lynching
of a black man left hanging In 4 tree for three days to
“teach the niggers a tesson.” That story was told often by
father to 3on, leaving @ permanent Imprint.

This Edward Kennedy was not the white son of wealth
and fame. He was tne isolated only child of sharecrop-
pers, the only dlack kid ia his schoo), the one who was
made to feel so alien because of his brown skin thal ne
developed the severe stuttering problem that remains to
this day. Schaolmates rubbed his skin to see If the brown
would come off. Thoy asked if he were made of choco-
late. White teen-age classmates beat him frequently. At
the age of 15, he was kicked in the eye and left with a
vision defect so severe that he would be classified as 4-F
by the military. He has never received the cornea trans
plant necessary to correct his vision, He graduated fron)
high schoo! 12$th out of 126, his grades having plummet:
ed after the beating that injured his cye. Not surprisingly,
hé was ill-prepared to sustain meaningful employment.

Tnis Edward Kennedy saw the system — that had tried
Its best to crush him — for what it is, spoke the trutn
about It with courage and refused to cooperate of to he
co-opted. His rage led nim on a string of robberies. Just
beneath the anger, though, lay depression and Anguish.

Some will say that becaune he killed, he should die.
Period. Despite his deep sorrow and remorse for the pain
he caused, Despite the torment and suffering he Ch:
Guréd. Despite a)l we now know that the jury should have
becn told about him,

None of the dozens of people who could have informed
the judge and jury about the real Edward Kennedy, who
could have told his compelling life story, who could bave
told the jury the things we now know lo be true About his
iife, was ever called to (entify. Why? Because nis Couri-
appointed lawyer never bothered to try (0 find any of
them. This Edward Kennedy's story has never been tole
to 4 court before, It may never be told. Tue syxtes) ean!
care ‘ess. What's one more African-American male budy
added to the plic? The system has failed F.award Bowe:
dy ond al) of us again.

A 3 | watched the story unfold in the media 11 years

aie Old

"eee:
§

atl “an

We have a myth about Justice being blind, acting fairly
to all. The truth a that when justice [s blind, jt cannot see
anyone for wno they really are, And without information,
with nothing (0 100k at, the jury was jeft dlind, totally in
the dark.

Nu families should have to endure the pain and loss
suffered by the families of Edward Kennedy’s victims.
And no one stiould have to endure the torture and suffer
Ing that Edward Kennedy did, This Edward Kennedy.
Not the wealthy white onc, We know what happens when
that Kennedy family gets Into trouble, With wealth to
nire top legal talent and investigators, (heir side of the
story is told round the world. This Edward Kennedy, the
poor black one, the one wha refused to sceept being
crushed by (he sysiem, the one with the gentle soul sirug:
gling to be recognized, appreciated and freed; the one
who withdrew into music and played his saxophone in
the heart of Central Park, who on ueatn row paints pic-
tures of extraordinary color and beauty from hig heart.
has had none of those opportunitics.

This Edward Kennedy deeply regrets the pain he has
caused. He has added deauty and wisdom to the lives of
maby people, J was wrong in my assumptions about him
1) years ogo. 30 waK his jury. Killing Aim would de a
terrible waste, of our scarce resources desperately need-
ed for Children and sebools and of another talented
African-American man lost to all of Us.

Court denies
appeal in
execution

Associated Press

TALLAHASSEE — State and federal courts
Thursday rejected an appeal for convicted double
murderer Edward Dean Kennedy, scheduled to go
to Florida’s electric chair this afternoon.

Attorney Billy Nolas had turned to the 11th U.S.
Circuit Court of Appeals in Atlanta after U.S. Dis-
trict Judge Patricia Fawsett refused to stay the
execution. But the Atlanta court later Thursday
refused to block the execution.

Nolas’ next step would be to go to the U:S. Su- |

preme Court, assistant attorney general Carolyn

Snurkowski said after the llth circuit decision. -
Nolas did not immediately return a message left .

on his answering machine late Thursday.

Kennedy, 46, was sentenced to death in 1982 in
the slayings of Florida Highway Patrol Trooper
Robert McDermon and Floyd Cone Jr. He had
broken into a house trailer owned by Cone after
escaping from Union Correctional Institution near
Raiford while serving terms for murder and at-
tempted armed robbery.

Meanwhile, an attorney is circulating a 15-
minute videotape of a man scheduled for
execution Wednesday in the 1978 Palm Beach
County murder of a college student to prove he’s
too deranged to be electrocuted.

But Gov. Lawton Chiles, who has seen ‘he tape,
doesn’t believe it justifies clemency for Nollie Lee
Martin.

The videotape issued by Richard Burr shows

Martin rocking continually, picking at his dry skin
until it bleeds and cradling his head.
“We're hoping that people in Florida and else-

where will see Nollie Martin in the same way we -

do,” Burr said. “He is a very troubled man who
deserves mercy.”

Burr said he hopes the tape will persuade view-
ers to ask Chiles to reconsider his decision to deny
clemency ‘for Martin.

Florida law prohibits the execution of a person
who cannot comprehend the punishment, but Mar-

tin has never been able to convince judges or

governors that he lacks that understanding.

Martin was convicted of killing Patricia Green-
field, whom he and another man kidnapped from
a summer job at a Delray Beach convenience
store. The 19-year-old was raped repeatedly and
taken to a landfill, where Martin stabbed her in
the throat.

Martin had been on parole from a North Caroli-
na prison after serving five years of an 18- to
30-year sentence for killing three people in an
apartment building arson.

The tape, which is being circulated to journal-
ists, civic groups and mental health professionals,
was filmed over two days, including periods when
Martin was medicated.

COOL 7 MYT prez ‘wns IPL ISIUIVY) OY |

KING,

We Jy

black, hanged Pensacola, FL, 3/9/1900

aie ended a: *Aevona: Tinte, cs

So ps: was) ited around shis, in

“ul ti ds
MURDERER HANGED TWICE:

sane bohniatgn

ma ntd ALivn wins
WINS Ta iA bed cory “ beep |
tie te Kil: ta tpt
ae ifs): ri meng an ae te ‘
Maa Neen Oarried Inte the Jail, but
iWas. Taken Back‘ and,’ Suge. .

: 1 . ve ae
“Pansacotny “Staten” #.—Wayman ‘King,
who murdered Victorfa “Watkins on ‘Bep=.
tember 16. nat! because, nhe’ refuged | tn
marry him, wan: twee: ‘hanged fwithin ,a!
half® hour Mere: to-day, ' The JOron | fret:
foll ‘at 1:08 p, n., and dtter hy body’ had,
banged, from thé. aaah Aye" ps tale

eed

utterdncs: teinitiothelwy shPbeths “y (order
Of Sheri” Bmith.. Wayman’ King war again’
taken’ td -the ‘gallows; ‘a! new ‘rope: |war
elegede the: Hoose': was fitted: ‘wrouhd hiv
neck,:'gnds ate ‘pyima thei trap“was
sprung for"itheAnecond’ timer: Ir: lores
minutes. lifes: wrin.: oxUnet; but: ‘th
Wan ‘kept minpenaee: four’'minutes Monger
toimuke sure that: he: wos “dead. gaits 1% te
sOWs,” maida, tigers (ool; ncchew a Dbl. toe
basdo,: drank fw “glass! ‘olawiten ‘dellyered
AN Ad drena,. Handi aud’ Or: Binet Peete.
rl
‘exto,: ‘minis turn, Swarn,! An tdttend Unico? hat
kheuant. itea’ ‘of the ‘Cath? ION Church aWerd.
eatnatnt tod: by¢ athe nellggaee Ms ytd |
’

Kink "was, ‘petredt bys falta pn! ethe gals

rather, vgs thet alions ect

pers

The Florida Times-Union

(Jacksonville)

March 13, 1900 a 6. ——— ,
' 1 Page MURDERER HANGED TWICE, |

1
DISCOVERED ‘ro mee ALIVE:
n / 3 . 1 WEY

VINST POW aN ts commen.” :

“_ —_————___.

Mad Neen Carried Garden ttre nthe nae
Was TTaten Mart amd see.

PENded a Seeone Tine, |

———.
Pensacola, Murch oo ~Wavnsae ina. |
Who murdered Vie turta Watkuus on deqee,
tember ls hase Devatise she retiimed ote

marry nim, was twee hanged witht %
half huur here (Oday. The Urge rat
fell at 1% pom, ana alter the trouty tert
hanged from the halloya five HV fe tater «

Pensacola, March 9 eden Wayman County Phyaslctan MeMitian Pronounress

. g, who Aapod Victoria Watki on Bia dead. The body was cut Cown, put

K mu ri ins ‘nto the coffe and earr feud inte the Jail.

September 16 last because she refused to parce WC waa dimcovered that King way
Yeathing tn spammodde goKps aie wivinng 1

marry him, was twice hanged within a utterance to smothere:l Sroana, By order‘;

Neri Mivteh, Wayman King weaw amie |!

half hour here to-day. The drop first saken to ihe Katlowe, A lew rope wo ||

‘igued, the NWeome wae itted wreaind die!)

fell at 1:05 p-m. ; and after the body neck, amd at My» om, the trap was ''

'PEUNK oF the necond time. ba lewen se

had 1 ged from the gallows five minutes Minuten lle wis extinet, but ihe taete ot
County Physician McMillan pronounced (oe mate sure tiest ie ne minutes toner,
Wing was perfvetiy calm on the wate dy

into the coffin and carried into the jail. ar Vistan, fey ot water setivere|
ee mac. his neek, Kevetal

iat i) pialers arses POD get tertsede . a |

ne lust Ages ot the ‘ ‘thd’ inte W were|

There it was discovered that King nee ita a RE Meany a
'

. dead. The body was cut down, put ‘OWs, BMOked wt cheer, took n chew of "i

Mather Baggiah on the Wallowe,

was breathing in spasmodic gasps and ra
giving utterance to smothered groans. By .

order of Sheriff Smith, Wayman King was again
taken to the gallows, a new rope was rigged, the noose was fitted around

his neck, and at 1:29 p.m. the trap was sprimg for the second time.
In eleven minutes life was extinct, but the body was kept susnended
four minutes longer, to make sure that he was dead.

King was perfectly calm on the gallows, smoked a cigar, took a
chew of tobacco, drank a glass of water, delivered an address, and did not
flinch when the rope was fitted around his neck. Several negro ministers
were in attendance, but last rites of the Catholic Church were administered

by Father McCaherty and Father English on the gallows.

. ty, SMITH E: - 2
ora: aE:
Pat, ae , vent wed se oe ;
| ‘+! OF Florida |
ag ramet « SNe 9 ; orang s:
a eerste) ns State + of + ‘ida
fof? ESCAMBIA. COUNTY; a e+ of + FI rida,

a ar Soma aa ShenieriaxC FFICE.

y. ‘ done a yi Rian ¥
« ' . 7, , £) » Say

‘ ‘ . 2 -v a oe ~
a Fi + ye “ee

SHERIFF'S Orrice,
. 3

e. “ew

- “ aca .

ESCAMBIA COUNTY;

Aig stew och ah

al OU, L.

Pensacola, March 12th 1900
Hon. W. D. Bloxam

Tallahassee, Fla.
Dear Sir!

I enclose you here with warrant of Wayman King with
my doings. The execution was carried out nicely until
after the drop, Dr. McMillan our County Physician pronounced
him dead and ordered him cut down which was done. It was
afterwards found that he still lived. My attorney advised
me to hang him again until he was dead within the hours
perscribed by the warrant which I did and there took his
body and buried it in St. John Cemetary there being no
relatives to claim same. There was and immense crowd to
witness the execution but it was with a deep regret that I
hung him the second time but as Sheriff ofEscambia County
it was my duty to do so and I did it.

Yours Truly,
G. C. Smith
Sheriff of Escambia

County Florida

UPI White
‘ABOARD U. BS. 8.
IN MEDIERRANEAN (UPI)—
Security was the order of the
day in Toulon, the big naval base
whera the Vichy government scut-
tled the French fleet after the Ei-

North Africa in Nov

Frogimen examined the
bottom, the pler where Fisenhow-
er was landing and were Dp

_ me French government act up
sial pilot train to fun inter-
‘@nca for nhower’s fast. ex-
yeahs juty Paris as & sition
agsinst sabotage slong | %
Eisenhower wads ery iy a ‘
nufhber . towns en route
was not .xno
whether he aula make
sonal appearances.

For nearly three days the pre
ident cruised leisurely aboard the
Deg Moines fro Athens on 8 808 |

csenhowrr-led Allied ‘ in|

voyage broke nly by his his nearly

’

SAMUEL JOHNSON

an Ste ee ceeiea treet Oo
State Prison in January, 1958 where

THE FLORIDA TIMES-UNION (Jacksonville)

Friday, 7 September 1962, page 26.

Palatka Cop "|
Killer’s Life |

oe .
Endsin Chair!
RAIFORD, Set. 6 WA — The
state ‘executed for murder today |)
a 44-year-old Negro who told pris-
on officials shortly before te died
that be had
blame for his fate.

Samuel Johnson, a short, alisht
prisoner with @ record going
back to :

lTexanIsC onvicted

By Jary in Bay of _|:
| -Ist-Degree Marder)

PANAMA CITY, Sept. 6 (UPT).
iA circuit court jury found a 3i-
year-old Pasadena, Tex.. maa
| guilty of first degree murder late
yesterday in the holdup alaying
June 21 of tavern at John-
ny Beverly.

Emmett Clark Blake admitted
holding up the tavern in nearby
‘Brannonville and killing Beverly
and @ customer with a sawed aff |:
ehotgun.

Blake pleaded tnnocent® te the
murder charge.
| The jury, aner a two-day-trial,
found Blake guilty with no recom-
mendation for mercy’ whieh|
makes a death sentence manda

- to the Traising Schoot—for
Boys at-Martanna, was put to
death for the fatal shooting in
1960 of Palatks petroiman Glenn

Mid Supt, Dewi Sinclair, “Tm
sorry but it's too late now.”

Police sought Jobmaon for ques-

toning about-s- Paiatka—break-in}

and be fied whem officera_tried

to stop him. He opened fire and

| | . 130 So (2) 599
JOHNSON, Samuel, black, elec, Fle. (Putnam) Sept. 6, 1962,

The following from notes of Vandiver/Radelet:
Black, male, date of offense was 12-17-1959: date of sentence was 5=20-19603
He had a history of crimes - nearly continuous incarceration flrom age 12 on,
Was escaped convict who murdered Policeman Glen Faulk of Palatka; Attorney
was Francisco Rodriguez, head of NAACP; pleaded not guilty, He was an
escaped convict at time of murder and shot officer with a gun he had
stolen while robbing aliquor store the night before; fhe officer was
trying to arrest him; another officer was shot and wounded, Rodriguez
said his life was a social, intellectual and moral Vacumm, The following
from undated and unidentified newspaper clipping attached to their work-
sheet:
"PALATKA NEGRO DIES FOR POLICEMAN'S MURDER. Raidord (UPI) - A hhyear-old
Palatka Negro died in Florida's electric chair the morning for the murder
of a Palatka policeman, Saumeh Johnson was pronounced dead at 8:hlh asm, He
was strapped in the chair at 6:38 a.m., Raifiord Prison Director DeWitt
Sinclair said, Johnson shot and killed policeman Glenn Faulk with a
pistol stolen the night before the shooting in a Palatka bar robbery.
Sinclair said Johnson did not have any last words other than to say he was
'tsorry and didn't blame anybody! for sending him to the electric chaives.”

130 So (2) 599
JOHNSON, Samuel, black, elec. Fla, (Putnam) Sept. 6, 1962,

The followine frem notes of Vandiver/Radelet:

Black, male, date of offense was 12-17-1959; date of sentence was S20-2.960;

He had e history of crimes - nearly continueus incsrceration fren age 12 on,

Wes escaped convict whe murdered Policeman Glen Faulk of Palaties; Attorney

was *rencisco Rodriguez, head of NA:CP3 plesded not guilty, He wes an
escaped convict at time of murder and shot o°"icer with a cun he had
stolen while rotbine aliquor store the night before; fhe officer was
tryine to arrest hims another officer was shot and wounded, Rodriguez

said his life was a socisl, intellectual and moral Vacumm, The following

from undated and unidentified new-paper clipping attached to their worke

Palatka Nezro died in Floride's electric chair the morning for the murder

of a Pealatika policemen. Saumeh Johnson was pronounced desd at 8:hh e.eme He
was strapped in the chair st 8:38 awm., Raiford "rison Director Devitt
Sinclsir said. Johnson shot sne@ killed volicemen Glenn sulk with a

pistol stolen the nizht before tne shooting in a Psletku ber robbery.
Sinclair ssid Johnson did not hsve any lest words other than to say he was
‘sorry and didn't blame anyoody® for sending him to the elec*ric chaiges."

This is ell that I have on this, so if you get anythine else, please
send copies,

Steve Johnson

MAME PLACE — CITY OR COUNTY

Fugene Paxter and Tom white

oor & MEANS rach > 6'b:d @
He GxOKIGKX 1912

Saint Augustine, Fla,

RESIOENCE

O08 OR AGE OCCUPATION GEN

eac® All
black

CRIME

Murders.

vicTim *

MOTIVE

SYNOPS'S The following from FLORIDA’ TIMFS-UNION, Jacksonville, Flae, 6-1-1912, "Faxter and “white
hanged for murder of Simon Silverstein, the Dora and Park Street grocer in vacksonville who was
killed in his home on March2, L912, sSoth denied guilt but “Mite stated that *+keeping bad-company*
was responsible for fate, He warned all who heard him against the mistake which he considered he

- : : : oy Las ORT : "

OW CFG <w- ne ra

fad mMadces G ES 73 Y W at crarcason,— = 23 and ats feu Ort att
the mrder, Three members of Silverstein's, family were daggerously injured when he was killed,
FO ewine Arest 9 mob io nce he ere ento ohn ounty fo fekeening and ed

there on change of venue, Steven Johnson condemned for murder of another black in St. Johns County
Both White and Baxter positively identified by Mrs, Silverstein. All hanged at 11:30 AM,
Johnson killed other man in lower vart of %, Johns County. All mounted gallows ZKMHKHK without a
_tremble, singing all the while under leadership of spiritual advisers, Baxter stood in center
with White on left and Johnson on right, Occasionally they would become nervous and then begin
to sing again, “hite denied any guilt in munders but warned hearers against bad company. Baxter 3
also denied killing, Johnson had nothing to say but his last request had bem that a friend take
his shoes to his mother, Then all said goodby to those in hearine distance and thank sheriff for

his kind treatment. He Acknitubledced farewells, After noos f reads; they——_
stood motionless with exception of slight tremor in lower limbs, White and Johnson apparently
—died-without—suffering,—_fornms_moticnkes m—the e—the er gave o death sk

egles, All three's necks broken, All pronoun ed dead after hanging for 15 minut es.

The following from TIMES-UNION, March h, 1912: "",,.a small grocery store at the southeast corner
of Park and Dora Streets around midnight Saturday night (3-2) when S, Silverstein a German merchant
was murdered in cold blood by assassin who dealt the unfortunate man a crushing blow on the head ©
with a piece of iron pipe and then used the weapon upon the wife, the lO-year-old son and small
daughter of the merchant, As a result, the lives of Mrs, Silverstein, the boy, tsadore, and the
3 or leyeareold daughger, Rosa, hang in the blance, The skulls of all three are badly fractured. §
—Muruder supposed to have occurred between tt and-t2-o'clock,—Atone—in house-all night with—bogy of
her dead father, her mother and brother unconscious, and she, dripping with her own blood, was the
tence of -the-littlie girl who—manae r
dwelling house yesterday morning at fi 9 o'clock, The front of the building was used for store
j back three rooms were living quarters, A neighbor saw the girl stumbling out
of back door with blood streaming from head, Entered and found Mrs, Silverstein on floor in
i blood soak head, Isadore found an a pallet in rear room and on floor at end of
counter was found O-year-oldtather, Iron bar used as weapon found on premises and Cas awer
looted, Trunks and bureaus in living auarters broken into and contents scattered, Silverstein
family had only been in city 7 weeks, coming from New York but had previously lived in Tampa for —
6 years, The little boy regained consciousness and said that the assault was made by two blackse

eee

From TIMES-UNION of 3-5-1912: Wife and children's lives still despaired of, In St, Luke's Hospital
Little boy, while conscious, saida-black-man-had-come-to-stere—aft-er_it_had_closed_and_rapp‘ed_on _
the front door, Not wishing to again open store, father had told him to go to back. When Mr,
Silverstein met him there, the man told him he wanted some sugar, Stilverstein told him to come

Tt and weighed and bagged sugar and was then hit a blow over the head, His mother ran to her hus=
band's assistance and he ran out in time to see the black man hit his mother and then he hit him,

arpHegaid that he finally came to and managed to crawl to his pattets

LAST WOR

The following from TIMES-UNION of March 8, 1912 (Photographs of both on page one, )

At 3:10 AM on morning of 3-7-1912, officers surrounded and closed off small 3-room house on Elm

St. near corner of Dora, and arrested Baxter, liais Eugene Nelson, his wife, Tena, Tom “hite,

Sam Richardson and Mattie Scruggins, all black, At 10 AM, Baxter taken to St. Luke's hospital
«xewura Isadore Silverstein positively identified as man who killed father and assaulted the others,

The boysaid: "That's the man who did it, only he didn't have on that cap," Sheriff B, Fleming

Bowden had purposely changed the cap before taking to hospital, tarefutt

stained scrap of St. Petersburg Times (matching that wrapped around piece of iron and found on

countar w

of suit of clothes belonging to Baxtwer which was hanging in a closet of his room when arrested.

i ov—was—alse—eareft 3 dina piece oth ep whole tied with a string, shove

snugly into a small bag. On Tom White was found a bloodstained handkerchief, Baxter said he did
At Baxter, a tall, ginger-colored negro, XXX#H with prominent

" cheek bones answered in every way descrptpiion previously given by Isadore, Baxter ee
charged with the murder and the others held as accomplices, Baxter had at one time worked for

1 ibed a tall, black man and Richardson as a short, black man.
tty Ap tas, ee tes, sch reiey iagataeadeentneee wanthe vathered at corner of Forsyth and

8 oy as

city
Ocean Streets after arrest and proceeded from there to/jail, Fianlly dispersed by water sprayed
on them by firemen, Then led by a woman marched to county jail, Finally dispersed there with
one man being slightly ingured, A black porter had told the officers of seeing two men come from
the store and going into Baxter's house three blocks away about time of crime, This led to their
arrest. Saxter had been in store earlier that eveing with wife and ss inhaled had told hem that
he could buy groceries onc redit,

The following from TIMES-UNION of 3-9-1912¢+

Baxter and those charged with him taken to jail in adjoining county for safekeeping, Baxter be-
lieved to have committed other unsolved bludgeon-mrders for robberies in Riverside district,
Grand jury besummoned to meet on following Tuesday to consider case,

The following from TIMES-UNION of 3-11-1912:

Mattie Scruggins conffessed her part in transaction on AM of 3-10, Talked in irregular, haphazard
manner, Details not given . Following from TIMES-UNION of 3-13: All five indicted, Following
from TIMES-UNION of 3-19: All arraigned, pleading not guilty, From TIMES-UNION of 3-20; Chanze
of venue to St. Johns County granted. They were then returned,to St. Johns County for safekeeping

The following from TIMES-UNION of he27: ‘
Severance granted and Baxter and White tried together, Trial began on l-26-1912 before large
crowd in courtroom,

The following from TIMES-UNION of )-28 tibetes of Baxter and white both on page one): Both con-
victed and sentenced to die. Mrs... S, Testified Baxter had come to store around 7 o'clock that
night and purchased groceries, He returned later and when admitted attacked Silverstein. She
identified Baxter as man who struck her and husband, Mattie Scrugzins testified that Baxter and
Mhite had left house together and that when they returned Baxterstated that he and a man had had
a "row't and that he had struck the man in the head. White took stand and denied any knowledge
of murder, saying he had gone to bed at 00 Elm Street shortly after eating supper and had not
left the house again, Baxter also said that he had not left house that night and said he did not
know how money had gotten into his pants, Said he worked pipppgupppppeygg for city as laborer.

Steve Johnson

PLACE — CiTY OR COUNTY

OCB OR AGE RACE

Black

OCCUPATION

St.

DOE & MEANS

Augustine, Florida

RESIDENCE

5-31-1912 (hanged)

Dinner Island,

CRIME

Murder | 0302321912

George Williams

VICTIM

FAB Lack METHOD

Shot

SYNOPSIS

a ok

Crime occurred in little settlement of Dinner Island in lower end of St. Johns Co,

on nite of
Za watt WITETY Jsohnson shot ard Kiited feor ge Vtittams ama abso fr ed Gpypurr others,
The trouble started in a pro kis between the two blacks over $1, ae amt e

Johnson

and some of the shot etaoed willians' shige, inflicting wound from sath he died
wards, Other blacks rushed on scene to act as peacemakers and to aid the wounded man and Johnson

shortly aban
fired on them.also, but none injured,

Several men rushed and disarmed him and during scuffle he
was stabbed in the shoulder but not badly hurt,

He then retreated to his own cabin where he barri
Officers notified and arrived, demanding that he surrender on 3-2],

He refused
and was well-armed and about fifty shots were fired into cabin before he surrendered,
VILLE, TIMES-UNION, Jacksonville, Fla., 3-25-1912

JACKSON}

caded himself,

APPEALS

LAST WORDS

EXECUTION

ee Mittin Pid

x ee,
inesday by State 427 wit.

ae ee

in the: chair aoe

Controls Issued

! rezulations designed

| end eventually ‘eliminate infecti-
rida’s

Samuel ‘Sohnson-was ‘pron ousre
eWitt Sinclair

‘to the- electric ar

;°'Two other Negroes; “coivicted 4

of rapi ng an elderty: white"woma—n

chaiptodey. ‘Gov. “Farris ‘Bryant.

sesgatg ie of
, ani Robert

4Shuler, ee both - “Dake “County,

funtil -a “bearing. da-beld -on=new _

= laimed | aera Case,

wen

TALLAHASSEE. (UPI) — New

‘ous laryngotracheitis in -Floric

to control | Machinists ‘TAM:

_poultry flocks were issued Wel- -
: tare Cony:

ete MIAMI BEACH (UPL
_jJames R. Hoffa tries to offiliate
o}6.000 Eastern “Air. Lines echan-
tiers with his “Teasters Union he
iis going to have agihelluva”™’ tight
;on his hands. a rival union leader

<i-gaid Wednesday.

“We don’t want Jimmy Hoffa in
‘any way. shape or fashion be-
i cause’ he can’t do a thing for any-
‘body in Eastern,” said George
"Brown, president of District 100
ot the International Association of
Lastern’s en-
‘gineers ar@members of the IAM.

“If be Goes try to muscle in. he
i, @oing to have a helluva-fight
gn his_hands."" Browa added.

;
$
Lads
“

SATURDAY, MAY 2, 1992

Slayer of 2 in

By Larry Schnell
Statf writer

STARKE — The U.S. Supreme Court
stayed yesterday's scheduled execution of
convicted double murderer Edward Dean:
Kennedy for an indefinite period, Saying it
would review a formal appeal.

The stay came just two hours before the
scheduled 5 p.m. execution, . a

Kennedy, 46, was scheduled to die for.
the 1981 murders of state Trooper Robert

McDermon and Floyd Cone Jr. in’ Duval.

County.
“For the Supreme Court to grant the
Stay, it's got to be a pretty strong case,”

“nedy.

4E FLORIDA TIMES-UNION

FLORIDA

said Kennedy's attorney,
Billy Nolas.

Department of Correc-
tions spokesman Gene |.
Morris interviewed Ken-
nedy about 3:30 p.m.,
after he heard about the
stay. Morris took a
statement from Ken-

“} was ready to make &
the transition,” Kennedy
told Morris. ‘I had made

Kennedy
peace with everybody but Mr. Cone [Floyd

Cone’s father]. | hated to leave the world
while he had so much pain.”

State and federal courts had rejected ef-
forts Thursday to have portions of Ken-
nedy’s trial and sentencing reconsidered.

The U.S. Supreme Court said in a one-
paragraph order yesterday only that it
would postpone the execution until a for-
mal appeal can be filed and reviewed.

State Supreme Court Justice Gerald Ko-
gan concurred Thursday with the court’s
decision denying a stay, but said he had
doubts about the handling of earlier ap-
peals and a claim of ineffective counsel.

Duval granted execution

Kogan urged a new sentencing hearing
for Kennedy but noted that the U.S. Su-
Preme Court denied a petition to consider
the issue earlier this year.

Before Kennedy’s scheduled execution,
Iman Rabbani Muhammad, a leader in
Kennedy's Muslim faith, gave him last
rites, Morris said.

Kennedy had no specific request for a
last meal and was served steak, baked po-
tatoes. with butter, tossed salad with
French dressing, Strawberry shortcake, and
ice tea. He ate it all, Morris said.

Floyd Cone had said he planned to be in

SECTION B

Stay

the viewing area to see his son’s killer die.

The 66-year-old Cone and another son,
Larin, have stood outside this prison near
Starke for all but one execution in the past
11 years to show support for the death
penalty.

“IT know the void in my life will never go
away, even when he pays the price for:
what he has done,” he said. “But this has
been far too long coming. He deserves
"he Associated Press contributed to this re-
port.

The NATIONAL EXECUTION ALERT NETWORK is a project
of the National Coalition to Abolish the Death Penalty
For more information, contact: Pamela Rutter, NCADP

ALERT 92-6 July 8, 1992
**EXECUTION ALERT**EXECUTION ALERT**EXECUTION ALERT**EXECUTION ALERT**
TEXAS JULY 14, 1992 - LETHAL INJECTION
DAVID LEE HOLLAND SR., (White), age 57, has been on death row since February 1986. He was convicted
of the robbery/murder of a white female.
TAKE ACTION, CONTACT: Attny Gen. Dan Morales Gov. Ann Richards
PO Box 12548 PO Box 12428
Austin TX 78711-2548 Austin TX 78711-2428
(512) 463-2100 (512) 463-2000

FAX (512) 463-1849

VIRGINIA JULY 23, 1992 ELECTROCUTION
EDWARD B. FITZGERALD, (White), age 35, has been on death row since 1981. He was convicted of the
rape/murder of a white female. Fitzgerald’s co-defendant Daniel Johnson was given a lesser sentence.
TAKE ACTION, CONTACT: Gov. Doug Wilder
State Capitol (804) 786-2211
Richmond VA 23219 FAX (804) 786-3985

UTAH JULY 30, 1992 _ LETHAL INJECTION
WILLIAM ANDREWS (Black), age 37, has been on death row since 1974, He was convicted of the
torture/murders of 2 white females and 1 white male. His co-defendant and actual perpetrator of the
murders, Pierre Seloy, was executed on August 28, 1987. Selby had previously admitted committing the
murders and said that Andrews had not been present at that time. One surviving victim, has confirmed
this: he testified that Andrews had tried to dissuade Selby from harming the victims, and when that plea
failed, he left the store. The state of Utah has now acknowledged that William Andrews was not present
during the commission of the homicides. _

Andrews, 19 years old at the time of the crime, was convicted by an all white jury in the same
town where the murders occurred. Andrews was represented by a public defender who had been a
lawyer for less than a year, with no special help or funds. Andrews’ lawyer did not call a single witness at
the sentencing hearing. The jury, during the sentencing phase was instructed that if they did not
sentence Andrews to death, then he would be sentenced to life in prison with the possibility of parole,
and could be paroled at any time.

TAKE ACTION, CONTACT: Utah Board of Pardons
448 East 6400 South Suite 300
Murray UT 84107
. (801) 261-2825 FAX (801) 261-6481
attn: Mr. Pete Hawn, Mr. Don Blanchard, Mr. Bill Peters & Mr. Mike Sibbett

TAKE ACTION, CONTACT: Attny Gen. Morales & Gov. Richards, see address above.

’ TY Ww 3) Ay, mia r 1 ‘I P| mT ag Be ge \ ay Gi f ry
AGNNGUL, BOWAPAa Y., OL, CLceO, Fh (Volu Lay (/21/1992

Le ee Se EE ET Ps SE

o Triple killer is put to death

STARKE, Fla. — A triple killer who missed an
earlier execution date by just two hours was put to
death in Florida’s electric chair Tuesday.

Edward Dean Kennedy was led into the gray
execution chamber shortly before 7 a.m. After he
was strapped into the oak chair, he said: ‘‘Peace be
with you all.” : ei

Kennedy killed Floyd Cone Jr. and Florida Troop-.
er Bob McDermon after he escaped from prison on
April 11, 1981. Kennedy was serving a life term for
the 1978 murder of a motel clerk. |

The Eagle's Wireg

EAGLE Dp Vhean AL.
-LIAVIL TA)

EXECUTIONS: Florida electrocuted Edward Dean Kenne-
dy, 46, who killed a state trooper and another man while a
seo escapee. Also, the Utah Board of Pardons denied
regen for William Andrews, to be executed July 30 for
: e torture-slayings of three people in a 1974 holdup. An-
Trews, who is black, says the all-white jury was tainted by
racial bias. And Virginia Gov. Douglas Wilder rejected
clemency for Edward Fitzgerald, to be executed Thursda
for the 1980 rape and Stabbing murder of a woman. :

oJ
-~--——- a,

INSIDE SCOOP’S JUSTICE DIGEST

‘ULTIMATE JUSTICE DISPENSED...

BEIJING, CHINA— JUNE 27, 1992:

International Anti-Drug Abuse Day
in China was an occasion for public
rallies against narcotics abuse and
trafficking across the country, as well
as the sentencing and, in some cases,
the immediate execution of drug of-
fenders. The proceedings, held in six
cities and in various provinces, also
involved the public burning of confis-
cated drugs as part of the anti-drug
program being publicized by the gov-
ernment.

According to Chinese officials and
newspaper reports, up to 58 con-
victed criminals, some of them be-
lieved to be from Hong Kong and
other neighboring countries, were
sentenced to death at the huge ral-
lies. For 45 of those individuals, exe-
cution followed immediately with a
bullet to the head—the method of
capital punishment that is employed
in China.

STARKE, FLORIDA—JULY 21, 1992:

When he took his place in Florida's
electric chair and the guards
strapped him in, 47-year-old Edward
Dean Kennedy turned toward the of-
ficial witnesses and said, “Peace be
with you all.” Then the executioner,
at a signal from the prison's superin-
tendent, threw the switch that sent
2,000 volts of electricity coursing
through the condemned man’s body.
Three minutes past 7:00 a.m., Ken-

' nedy was pronounced dead. ~

Kennedy was sentenced to death
for the slaying of two men, Floyd
Cone Jr. and Highway Patrolman
Robert Patrick McDermon, on April
11, 1981, in the aftermath of a jail-
break. He was already serving a life
term in the Union Correctional Instt-
tution, about 30 miles north of
Gainesville, for the 1978 murder of a
hotel manager in Dade County, when
he and a pair of other inmates pulled
off their escape.

His flight took Kennedy to a trailer
home-in Baldwin, Florida, which he
broke into. While he was changing
his clothes inside, the two victims,

- who were cousins, arrived. A gun
battle broke out that resulted in the
double slaying.

14 Inside Detective

A
f
jf

Kennedy's last appeal, based upon
his contention that his defense law-
yer had failed to represent his case
effectively and that the jury had re-
ceived improper instructions from
the judge, was rejected by a federal
appeals court and by the United
States Supreme Court on the day be-
fore the execution. Thus, Kennedy
became the 29th person to be exe-
cuted in Florida since the Supreme
Court's 1976 ruling that restored
capital punishment as an option in
the criminal justice systems of the
states.

SALT LAKE CITY, UTAH—JULY 30, 1992:

After a series of last-minute ap-
peals in which he'd sought to have
his sentence changed to life in prison

without parole, 37-year-old William

Andrews ended his 18-year sojourn
on Utah’s death row by receiving a
state-mandated lethal injection. An-
drews was convicted and sentenced
for his role in the robbery of a stereo
shop in Ogden, about 30 miles from
Salt Lake City, and the murder of
three of the victims, in 1974.
During the deadly holdup—in

which Andrews, another man named

ry
3

hi a PNG i. ; Hah
Execution by lethal injection ended 18
years on death row for William Andrews.

fauriaey JOG

Pierre Dale Selby, and a third man
who was eventually paroled, were the
perpetrators—five persons in the
stereo store were forced to drink
drain cleaner before being shot in the
head. One of two women victims was
raped. One of the men who survived
had endured being choked and then
having a ballpoint pen driven deep
into his head. The two women and
one of the men died in the vicious on-
slaught. ‘

Andrews, declaring that Selby had
been the shooter, argued that he
himself did not deserve the death
penalty. The prosecutors, however,
pointed out that the drain cleaner
would have caused the victims’
deaths even if they hadn't been shot,
thereby making Andrews as guilty as
the actual triggerman. In fact, Selby,
the gunman, was executed five years
ago for his role in the crime. aA

In his final statement, Andrews
said, “Thank those who tried so hard
to keep me alive. I hope they continue
to fight for equal justice after I'm
gone. Tell my family goodbye and that
I love them.”

HUNTSVILLE, TEXAS — AUGUST 11, 1992:

With his appeals finally exhausted,
the moment came for 38-year-old
Curtis Lee Johnson to render final
payment for the 1983 crime that sent
him to death row. Execution was by
lethal injection. :

When Johnson and his accomplice,
Roy Junior Jones, broke into the
Houston apartment of 25-year-old
Murray D. Sweat, they never ex-
pected the tenant to walk in and find
them there. He did, however, and
wound up being shot to death. For
their effort, the two perps got away
with a camera and $8 in cash.

In the wake of a store holdup the
following week, Johnson and Jones
were tagged by the police. Tests de-
termined that the gun used in that
robbery was the same one used to kill
Murray Sweat.

The 31-year-old Jones, convicted
of burglary and robbery, is serving a
45-year term. For Johnson, ultimate
justice came from an intravenous
needle. 660

Justices

grant Florida murderer stay

two hours before scheduled execution

@ US Supreme Court
intervenes to allow time
for review of appeal

Associated Press

STARKE, Fla. — The U.S. Su-
, preme Court stayed Friday’s

scheduled execution of convicted
double murderer Edward Dean
Kennedy, two hours before it
was to have taken place.

The high court said in a one-

; | paragraph order that it would

' postpone the execution until it

a a studies his appeal.

| Kennedy, 46, faced electrocu-

* tion for the 1981 murders of two
men.

“For the Supreme Court to
grant the stay, it’s got to be a
pretty strong case,” said Kenne-
dy’s attorney, Billy Nolas.

Last month, the court over-
turned four last-minute stays is-
sued by an appeals court for Cal-
ifornia murderer Robert Alton
Harris. Harris was executed af-
ter the justices issued an unprec-
edented order telling the lower
court to issue no more stays.

Kennedy, one of 319 people on.

Florida’s death row, had been
scheduled to die Wednesday but
received a temporary stay until
Friday from the Florida Supreme

Court. A state Supreme Court
justice said he had doubts about
whether Kennedy’s jury was giv-
en proper instructions.

———— a A CS

i 5027574

_A8~ Saturday, May 2, 1992 @ The Fresno Bee

(cA)

KILLENS, Daniel (aka WILLIAMS), black, hanged

Florida, on January 21, 1892,
Fla. ) 0° RILLINS &. STATE. 711

The record shows that in the motion for

a new trial the only exception taken to
the second charge-was to it as an entirety.
The plaintiff in error, having failed to ex-
cept in the court below to the portion of
the charge now assigned as error, cannot
avail himself of such exception here. He
must rely upon his exception to the entire
charge. It is well settled that a general
exception to a charge, or a general excep-
tion to several charges, will not be good
if the charge, or any one of the charges,
contain a correct proposition of law ap-
plicable to the case. Baker v. Chatfield,
243 Fla. 540, 2 South. Rep. 822; Metzger v.
Stute, 18 Fla. 481. By a reference to the
charge numbered 2 it will be seen that it
coutains severalcorrect statements of law
applicable tothe case before the jury. We
are therefore unable to consider the por-
tion of the charge here assigned as error,
and express no opinion as to it.

The sixth assignment of error is that
the judge refused to give the charge asked
by plaintiff in error. The charge asked
contains a correct statement of the law
applicable to the case. The refusal of the
judge was not on the ground that the
charge was erroneous, but because the
same had been more correctly given. If
the judge had already given, in substance,
to the jury the instruction asked, it was
not error tu refuse it. Metzger v. State, 18
Fla.481. Wethink the judge charged fully
in this case, and that the instruction
asked by plaintiff in error is covered by
portions of the charge given. The judge
could have given the charge asked with-
out committing error, but his refusal,
after what he had charged on the same
subject, does net amount to error.

The seventh assignment of error cannot
be sustained. There is nothing in the bill
of exceptions showing that the judge used
the language assigned as error here. In
his motion for a new trial plaintiff in er-

ror assigned this as a ground, but the.

recital in the motion does not afford evi-
dence that the judge used such language.
For a full discussion on this point, see the
cases Of Parrish v. Railroad Co., 9 South.
Rep. 696, and Richardson v. State, Id. 704.
(decided at this term.)

For the error above pointed out the
judgment is reversed, and a new trial
awarded.

(28 Fla, 313)

KIvuins v. STATE.
(Supreme Court of Florida. July 18, 1891.)

HomiIcipE — EvIDENCE — ARGUMENTS — INsTRUC-
TIONS.

1. In a trial for murder, where the defend-
ant, immediately after slaying the deceased, pro-
ceeded to shoot at, chase, threaten, and endeavor
to kill the mother of the deceased, who was pres-
ent and witnessed the killing, such subsequent
threats and acts of the defendant are admissible
in evidence as part of the res gest, and to show
the animus of the defendant.

2. In the argument of any cause to a jury, it
is improper for counsel to state facts that are
not pertinent to the case on trial, and as to which
there is no evidence; and, upon objection being
made thereto, it is proper for the court to re-
strict the argument to the evidence in the cause,

38. Where the court has already fully in-
structed the jury upon the law of. the case, it is
not error tu refuse a request to give other

charges, couched In different language, but that
are in substance nothing more than a repetition of
those already given,

(Syllabus by the Court.)

Error to circuit court, Orange county;
Joun D. BRooMEs, Judge.

J. M. Cheney, for plaintiff in error. W.
B. Lamar, Atty. Gen., for the State.

TAYLOR, J. Onthe 29th of October, A.
D. 1890, Daniel Killins, alias Daniel Will-
iams, was indicted in the circuit court of
Orange county, seventh judicial circuit,
for the murder on the Ist of February, A.
D. 1888, of one Margaret Welton; the
weapon used being a pistol. On the 16th
of April, 1891, the defendant was put on
trial, and was convicted of murder in the
first degree, as charged in the indictment.
Motiou for a new trial was made upon
the following grounds: “(1) Because the
verdict was contrary to the evidence; (2)
because the verdict was contrary to the
law; (3) because the verdict was contrary
to the law and the evidence; (4) the court
erred in not giving the first charge asked
for by defendant; (5) the court erred in
not giving the second charge asked for by
the defendant; (6) the court erred in not
giving the third charge asked for by the
defendant; (7) the court erred in refusing
to give the eleventh charge prayed by the
defendant;” which motion was denied,
and the defendant sentenced to die; from
this judgment, and sentence, the defendant
appeals to this court.

The errors assigned are as follows: “ (1)
Court erred in allowing the witness Will-
iam Ray to testify contrary to the objec-
tions of defendant’s counsel; (2) the court
erred in allowing the witness Nancy Pow-
ell to testify contrary to the objections of
defendant’s counsel; (3) in restricting ar-
gument of counsel J. M. Cheney; (4) in re-
fusing to give the first charge prayed by
the defendant; (5) in refusing to give the
second charge prayed by the defendant;
(6) in refusing to give the third charge
prayed by the defendant; (7) in refusing
to give the eleventh charge prayed by de-
fendant; (8) in refusing to grant a new
trial.”

The errors assigned necessitate some
discussion of the evidence. Nancy Powell,
for the state, testified that she knew the
prisoner, and bad known him intimately
since 1886; that she cameto Florida from
Georgia with the defendant in 1885; that
the deceased, Margaret Welton, was her
daughter; that Margaret Welton was
then in her grave; that the prisoner put
her there; that she and the prisuner were
living together, though she was not his

daughter, the deceased, were at the time
camping out inatent at Oakland, in Or-
unge county, Fla. The defendant’s occu-
pation was that of getting out railroad
ties. That on one evening in January,
1887, one Jake Allison, who also came
with her from Georgia, came to her tent,
and asked her to keep his coat there for
him. Shetold him to put it in the tent,
which he did. The defendant concluded
not to go out that evening to his work of
cutting ties, but stayed in the tent. Feel-
ing tired, she went in the tent, and laid

at Orlamdo,

KiLlins, Daniel (aka WILLIAMS), black, hange

on January <1, 1892,
=> ALIFE FOR A LIFE.

sia:

Millian Explates Hie Crime on the Ncaf-
fold Firm to the Laat,
Apectal Correspondence of Towke-U x rox

OmDaAspe, Fray January 22—Dan Kill.
fan (eolored) atlas Dan Willan was
hanged Inthe jal) yard) yesterday Hitn
dreds oof people weee there und saw the
guilty wretch pay the penalty of a life fora
Vife. His was exacted for Margaret Welton's,

As the seaffold was daailt ta Plain sight
from his ceil. the workmen saw lym hove}
and heard hin volee butcould not distin ciuish
the words of hia prayer. He-did not pray or
confess when his epiritual advisers, Rov. BE.
C. Jones and Key. Reuben Thomas, were
with bim, and maintained his fmnocenca ta
the last, though he once of twice came near
breaking down,

At 11:30 hie last meal was brought to him
and he ate heartily, After further talk with
ministers of hla own color and with Rev,
W. M. Elwang of the white Presbyterian
eburch, he announced hia readiness and
walked forth, and with asteady step mounted
the. atalrs. standing on the falaT trap he
7 adjaet the rope and then sald) Fare.
well worst’ Farewell aatute and stioers'
Today [orave you! Tgo to the unknown,
Meet ine in heaven!

The trap was sprung at 124 and his
body shot downward almost the full fall

mht .iect. The dlack cap was
thrown ef his face but bis features
Were poky storted, and He scarcely moved a
muaclos iile neck was not broken by the
all,ands: was fifteen minutes before the
hysielans pronoubeed biti dead, and full

“His bedy was immediately placed ina plain

ine box, and the esgzer crowd awartied over

‘ gallows and cut up the rope into bite ae

Te) Eaginentoes of tha ghastly occasion. le
nneen mal By ett tebe Ved aceake friend.

ovoked killing of Margaret Welton, the
Bghter of a woman he wae Jiviug with at
dcamp pear Oakland oy February
‘18ST; Doubtless many would have be.
hed hit tanocent from bis strong assertion
Ret the proof of bis guilt heen very pas.
Wey He denied his identity to the last,
ag ta be Dan Willlatns.

Se me ena

‘twenty.two minutes before he was cut down. |

She Crime for which he suffered was the |

712

down. Not thinking of it, she did not
look in Jake Allison’s coat pockets for
any pistol. After getting his supper ready,
she sent for the defendant to come to sup-
per. “He did not come at once, but came
after a while, and said, ‘Nancy, where is
that whisky I told you to get for me this
evening?’ I told him to look in that box,
and get it. He came in there cursing,
saying, ‘G——d d——d if he was not going
to kill two niggers that night.’ 1 then
thought of my money, as I had one of
those fifty-cent baking-powder cans full
of silver dollars in my trunk. He came
in and threatened and cursed me, and
kicked me in the side as hard as he could.
It was ever so long before 1 could straight-
en, and when I did Lhallooed. My daugi-
ter ran to me, and said, ‘ What is the mat-
ter?’ I paid no attention to her, but said
to him, ‘What in the name of the Lord
did you kick mefor?’ He replied, ‘What
have you beep saying about me?’ I told
bim I had said nothing about him. He
then cursed me again. My daughter then
spoke, and said: ‘My mother was no
bitch; that it was no more than she
would be if she did what he wanted for
him.’ I did not know he had the pistol.
Sbe jumped from against the tree, and
whirled, and he shot. I think he struck
her in the back. It was so quick, I could
not tell exactly where she was shot. I
threw up my hand, and said: ‘Don’t kill
my daughter; if you kill my daughter, kill
me too;’ and then he turned on me, and
I broke and run. When I went I saw that
he was intending to killmetoo. I whirled,
and he shot me right in the small of the
back. lsaid, ‘Lord, man, are you going
to kill me too?’ Tran about two hun-
dred yards or more, to where there was a
light. He followed me over there. I
looked back, and sawhim coming. I said,
‘Don’t kill me.’ He said: ‘I am going to
shoot you like I want to shoot you; I
want to shoot the heart out of you.’
Then a man walked up and said: ‘Dan,
give me my pistol. What in the name of
God are you studying about, shooting
around here?’ He said: ‘Jake, I have
dope wrong; I have done wrong.’ My
daugbter stayed only three weeks after I
brought her from Georgia. She did not
live quite three weeks. I amcertain the
prisoner is the man. Oakland is in Or-
ange county, state of Florida. I did not
see Margaret Welton after she was dead,
because I was nearly dead myself. The
last lsaw of her was when he shot her.
I wasin the tent when the shooting took
place. I was standing in the tent looking
at him when the shooting took place. My
daughter was standing thirty or forty or
more feet off, by a pine tree. The prisoner
had placed himself on a cross-tie about
ten steps from her when he shot her. The
shooting did not take place in the tent.
He walked out after kicking me, and
placed himself on a tie. The coat in my
tent was Jake Allison’s. There was a pis-
tol in the pocket of Jake Allison’s coat. I
was taking care of itforhim. The pistol
was a ‘thirty-two.’ Jake brought it
down from Georgia, when he came down
with me. Didn’t know how old she was,
—20 or 30, along about there. My daugh-

SOUTHERN REPORTER, Vot. 9.

(Fla.

ter was guing on seventeen years old.
There had never been any trouble bet ween
defendant and me about my daughter.
Have had a heap of trouble with defend-
ant. Had trouble with him all the time.
I was not married to him, but he had me
in such a way here I was afraid all the
time. I went back to Georgia in 1886, and
came back here because he told me if I did
not come back he would kill me. The de-
fendant was very jealous of me, and
would jump on me if he sawa man around
there, or if he saw tracks around the tent.
It was Jake Allison’s pistol that he did
the shooting with.”

Joe Hollingsworth, for the state, testi-
fied that he knew the prisoner, and point-
ed him out. Had known him four or five
years. He also knew the deceased, Mar-
garet Welton. That she was dead. “I
saw her when she was shot. This man
[indicating prisoner] shot her. [| was
sitting in front of the tent one evening
about six o’clock, and Miss Smith, (she
was then,) that woman that was up here,
and Dan came in a few minutes aiter-
wards, and they had arow. Marguret
came down, and asked what was _ the
matter. The old lady told her Dan had
kicked her. She then said, ‘The first
thiug you know, Dan will kiil you;’ and
then she and Dan got to quarreling. She
said, ‘You are mad at me because you
can’t havemeand my mother both.’ Thea
Dan shot at her, and missed her, and the
next shot struck her in the back. ‘This is
the man that did the shooting. Am cer-
tain of it. Heshot her twice. Missed her
first time. He was eight or ten feet from
her when he shot her. She turned off
when he shot, and told him to shoot
again, and he shot, as she said, the second
time, and killed her. This was in 1887
some time. Can’t tell the time of the year,
It was at Oakland,in Orangecounty, Fla.
Am no relation to Nancy Powell. I was
sitting about five feet from him when he
shot, looking at him. The shooting took
place a good while after she came down,
and her mother had said that Dan had
kicked her. It wasa good while after,—tive
or ten minutes orso. She and Dan were
quarreling because Dan kicked her moth-
er. Nancy was crying at the time, in
the tent. Nancy was in the tent when the
shooting tuok place, but ran out when he
shot. I have not seen Dan until now,
since he did the shooting.” a

Aaron Kirby for the’ state, testified
that he knew the defendant, and puinted
bim out in court; that he had known him
about six years; had worked with him
cutting ties for two railroads, occupying
the same camp with him; knew Margaret
Welton; she is dead; saw her after she
was dead at Oakland, about a mile from
town. “Isaw what killed her. Theques-
tion was between Dan and the girl. The
girl came up there when Nancy Powell
was screaming, and asked her mother
what was the matter with her. On her
mother telling her that Dan had kicked
her, she said, ‘I told you to come away
from Dan.’ Dan replied, ‘Your mother
accuses me of so many low acts, and she
never has caught me in any.’ She replied,

‘My mother has caught you in, a, heap. of

ep gepetiaeee Looe ss age

"oy

“ Assistant Director

ia “We Do More than Keep the Books”

Gary F. Frizzell

(904) 328-5689

December 31, 1985

Dear Sir:

our department. Officer Faulk is never too far
from their thoughts even after these many years.

If I may further assist you in any way, please
feel free to contact me,

Director of Libraries

iE * PUTNAM COUNTY LIBRARY SYSTEM)

IN\[ECE IW IE

c
i}
'

X\
fi

at 5 1986

S. Jo Waterhouse

Headquarters: Branch:

PALATKA PUBLIC LIBRARY MELROSE PUBLIC LIBRARY
216 Reid Street P.O. Box 1048

Palatka, FL 32077 . m Melrose, FL 32666

(904) eammmes 329 -0/2.(, (904) 475.1937

S29-C€/4'7

Metadata

Containers:: Box 10 (2-Documentation of Executions), Folder 9
Resource Type:: Document
Description:: Samuel Johnson executed on 1878-05-24 in Florida (FL)
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: June 28, 2019

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