Louisiana, A-B, 1885-1984, Undated

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and admonished defendant, whereupon defendant fired a
charge of buckshot into the chest of Montgomery while he

was standing erect, killing him instantly.

The defendant then opened the cash register looking
for money and, upon seeing the lights of a car approaching
or passing, went to the front door and locked it. After do-
ing this, he returned to the cash register and removed the
cash and currency therefrom and put the money in his

pocket, At this point defendant heard a tractor approach-
ing and he ‘cut off the lights and went to the back room
-of the store. The driver of the tractor, James Henry Foster,
a white male, age fifteen, stopped on the road in front of
-the store to get a check cashed. Just before reaching the
store, James Henry Foster noticed the lights went off and
upon arriving thereat found the front door was closed. See-
ing Montgomery’s truck at the back door of the store,
James Henry Foster thought Montgomery was closing for
the day. Knowing Montgomery always came out of the
back door, he waited at the back door for him. When Mr.
Montgomery failed to come out, Foster then went back to
the front door and knocked, After a short time had elapsed
a negro, whom he recognized but whose name he didn’t re-
call, (and who was later identified as D. C. Bailey), opened
the door and informed him that Montgomery had gone

away and left him in charge of the store, and would not be

back until 10:30 P. M. Foster then persisted that he be
let in to get a cold drink. The defendant responded that
Montgomery had instructed him not to sell anything while
he was gone nor let anyone in the store. The defendant then
slammed the door shut, and Foster mounted his tractor and
returned home. Upon arriving home, Foster reported the
incident to his Uncle, and to others, whereupon they pro-
ceeded to the store and there found the body of Mr. Mont-

gomery behind the counter.

In the interim, after James Henry Foster left the store
on his tractor, defendant, Bailey, left the store through
the front door, and crossed Bayou Macon on the Warsaw
bridge which is directly West of and in front of the store.
Bailey “trotted” across the bridge carrying the gun that

he had obtained from Jesse Nelson, and which he had used

‘to kill both Nelson and Montgomery. When he was across

the bridge, on the West side in Franklin Parish, he dropped
the gun (with the expended shell in the chamber thereof)
in the ditch on the North side of the road where it was
later found by Deputy Sheriff T. J. Lott upon instructions
given by defendant, Bailey. After disposing of the gun,
Bailey walked to the home of one Birst Taylor, a negro man
that lived on the West side of State Highway No. 16, a

short distance from the Montgomery store.

Upon arriving at the house of Taylor, Bailey found him

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. and 197; Tarver - Tr. Vol. 2, pages 172 et seq., and 205
et seq.) |

C. E. Hester, Sheriff of Madison Parish, sent Bailey
to the Richland Parish Jail in Rayville in the custody of
Sheriff Hill. En route he related a story to the Sheriff as
to what he had done. (Tr. Vol. 2, page 211.)

That night, while in the Courthouse in Richland Par-
ish, Sheriff Hill and Deputy Sheriff Lyle confronted the
defendant, Bailey, with the persons he had implicated,
whereupon, he retracted his previous statement implicating
the others and confessed to killing Nelson and E. C. Mont-
gomery alone. (Tr. Vol. 2, pages 221, et seq., 224, 225, et
_ 8eq., and 236.) The next day, Wednesday, December 28,
1955, commencing at 2:00 o’clock P. M,, Bailey made a
formal confession which was taken down in shorthand and
transcribed by Mrs. Mae Curtis before Thompson L. Clarke,
District Attorney for the Sixth Judicial District of Louisi-
ana in and for the Parish of Madison, Lewis B. Furr, Clerk
of Court of Madison Parish, Louisiana, R. R. Mitchell,
Deputy Sheriff of Madison Parish, Frank Thomas, Deputy
Sheriff of Madison Parish, and Pete Finalyson, a news-
paper reporter for the Madison Journal. Lewis B. Furr, Clerk
of Court of Madison Parish, Louisiana, recorded the con-

fession on an electric recording device as it was given.

On January 12, 1956, the written confession, as it was

taken and transcribed by Mrs. Curtis as aforesaid, was
completely read to D. C. Bailey by Cliff C. Adams, Assistant
District Attorney, in the presence of Deputy Sheriff F. S.
Thomas, Deputy Sheriff T. J. Lott, and Mrs. Curtis, re-
porter. After the full reading thereof, Bailey again reit-
erated that the confession had been given by him volun-
tarily, and was true and correct. These facts were amply
proven on the trial of the case in establishing its admissi-
bility — there has never been any contention by the de-
fense that there was the slightest degree of coercion or
threats made against this defendant inducing him to make
this confession, or any other confessions, or that their ad-
missibility did not meet every test of the law as to sanie

being voluntarily made by the defendant.

ARGUMENT

. May it please the Court:

BILL OF EXCEPTION NO. 1

Bill of exception No. 1 concerns the overruling of a
motion by defendant that the Sanity Commission appointed
by the Court be discharged and that the Court appoint a
new unbiased Commission to declare the defendant men-
tally incompetent to stand trial and commit him to the East
Louisiana State Hospital on the basis of evidence adduced.
This exception is also directed at the action of the Court

in declaring the defendant sane at the present time and

‘in the lot feeding his mules. Bailey attracted his attention
by approaching the lot fence and greeting him. Upon Tay-
lor replying to the greeting of defendant, defendant in-
quired as to why he was go late feeding his stock. Taylor
informed the defendant he had been deer hunting that day
and was late returning home, whereupon Bailey answered
by saying that he had been hunting also up near Holly

Ridge with friends and had expected to catch a bus from

Delhi to Winnsboro but that the busses were not running,

~ and he had been compelled to walk from Delhi to Waverly,
a distance of approximately twelve miles. Bailey further
told Taylor that he was tired and it was late and he would
_ pay him to take him to Winnsboro. After consulting with
his wife, Taylor and his young son agreed to take Bailey
to Winnsboro for the sum of $2.00. Bailey accepted the
_ offer and paid Taylor in advance from a roll of bills he had
in his pocket. Taylor then took Bailey in his automobile
to a store in or near Winnsboro, directly across from the

entrance to the Drive-In-Theatre, where Bailey got out.

After getting out of Taylor’s automobile, Bailey went
to the Drive-In-Theatre where he located Milton Curry and
Bessie Mae Curry, his Uncle and Aunt. After the show, Me
left the Drive-In-Theatre in their car at about 9:00 o’clock,
P. M., and went to the home of his mother, Louise Bailey

Millage. After arriving there he got into the automobile

of Matthew Credit, the person with whom he had been liv-
ing for several weeks, and went home with him. Here he

remained until later apprehended.

In the meantime, a description was given the officers
of the suspected murderer of Mr. Montgomery. Between
the hours of 9:00 o’clock and 10:00 o’clock P. M., Bailey
was apprehended by these Officers at the home of Matthew
Credit in Franklin Parish. Upon going into the Credit house
the officers found that Bailey had left without attracting
the attention of the family. The officers, in searching the
grounds, found Bailey hiding under the house. He was or-
dered to come out, to which order he responded, and he
was then and there taken into custody. At the time of his

apprehension, Bailey had the sum of $31.72 in dollar bills

and silver on him, and other items.

Defendant was taken to Crowville in Franklin Parish,
and en route he first denied that he had been to the store
of Mr. Montgomery that day, but finally admitted that he
had been there, together with two other men who he im-
plicated in the crime. In addition to implicating these two
men, he gave information of the Nelson killing, which in-
formation was being communicated to the other officers
over in Madison Parish by radio, and from said information
the body of Nelson was found. (Rogillio - Tr. Vol. 2, pages
161 et seq., and 186; Lewis - Tr. Vol. 2, pages 164 et seq.,

WHO IS TIM BALDWIN?

Tim Baldwin is a 46 year old white man, a native of Cleveland, Ohio.
who had 4 children from a previous marriage.

Rita Baldwin died of cancer in 1982.

In July, 1978, Tim was convicted of the murder of Mary James Peters, an 85 year old white woman,
the god-mother of one of his step-children.

his innocence.

He was sentenced to death.

Although Tim had a previous criminal record, he had never been convicted of a violent crime.
Almost everyone who knew him stated that he was a hard-working, nonthreatening person who made
many contributions to the communities where he lived.

The following article was written by Tom Wicker of the New York Times. It is a good summary of

the case and the serious doubts about Tim's guilt.

In 1965, Tim married Rita,
They subsequently had 3 children of their own.

He has always maintained

On July 28, 1978, Tim Baldwin, never
before convicted of a violent crime, was
found guilty of beating to death Mary
James Peters, the elderly godmother of
one of his stepchildren, in her house in
West Monroe, La. In a separate pro-
ceeding lasting only 50 minutes, Mr.
Baldwin was sentenced to death, al-
though numerous questions about his
guilt could have been raised:

@ Witnesses who saw two people leav-
ing the Peters house on the night of the
murder — April 4, 1978 — described a
man and a woman, both white, both in
their 20’s, the man with long hair and
wearing short sleeves. Mr. Baldwin,
who is white, was then 38 years of age,
had a crew cut, and always wore long
sleeves to conceal arms that had been
heavily tattooed in his youth.

© Neighbors trying to identify the
man they saw leaving the house
pointed out someone other than Tim
Baldwin in a police lineup.

® These witnesses said they saw a
brown-gold Dodge van parked that
night outside the Peters house. Mr.
Baldwin drove a black Ford van.

®Mary James Peters, who re-
gained consciousness before her
death, testified that she did not know
her assailant, although she was well
acquainted with Tim Baldwin.

Mr. Baldwin’s fingerprints were
found in her house, however, and he
admitted that he had visited her in
West Monroe that day. After being
charged with the murder, he was rep-
resented by court-appointed counsel.
Groups supporting Mr. Baldwin say

a me

his counsel had never handled a capi-
tal case before, was distracted by an-
other trial in which he was involved,
and was ill-prepared.

The lawyer did not, for example, in-
troduce into the trial record the fact
that Mr. Baldwin, though he had a
criminal record, had never been con-
victed of a violent crime. At the hear-
ing on the death penalty, a minister, a
former employer and a_ Federal
probation officer, each of whom would

have testified on his behalf, were not
calied to the stand.

After Mr. Baldwin’s conviction and
sentencing, his court-appointed coun-
se] unaccountably did not move for a
new trial despite the finding of a sig-

nificant piece of new evidence — a |

registration slip for Tim Baldwin in
the White Sands Motel of El Dorado,
La., on April 4, 1978, the day of Mary
James Peters’s murder.

Witnesses testified with certainty
that they had seen the van parked in
front of the Peters house as late as
11:10 P.M. E] Dorado is about 70 miles
from West Monroe, so that it would
have been almost impossible for Tim
Baldwin to have left there after 11:10
P.M., driven a van to E] Dorado, and
registered at the White Sands before
midnight on April 4.

But other witnesses placed him ina
Mississippi state park until 10 a.m.
April 4, and in West Monroe — where
he visited Mary James Peters and
others — from noon April 4 for the rest
of the day. Thus, the registration slip
at the least raised serious doubt that
Mr. Baldwin could have gone to El

Dorado from West Monroe, checked
into the motel and returned to commit
the murder, or that he could have
reached El Dorado before midnight
after having committed it.

For New York legislators, the les-~

sons of this cautionary tale are many.

One is that court-appointed counsel -

for ignorant, indigent or despised de-
fendants may be woefully inadequate;

in North Carolina in 1981, for one ex-:

ample, 15 of 16 persons on Death Row
had been represented by court-ap-
pointed counsel. On the other hand,
those wealthy and knowledgeable
enough to hire good lawyers seldom
suffer the death penalty.

The Baldwin case shows, moreover,
that even Louisiana’s two-tiered pro-
ceedings for imposing such a penalty
—a system the Supreme Court has up-
held — cannot necessarily prevent the
injustice, the excess or the arbitrary
and capricious judgments it was sup-
posed to do away with. And nothing in
the criminal justice system can, espe-
cially when the public is fearful of
crime and impatiently demands that

_ something be done about it.

That makes it all the more impor-
tant that death is different from any
other penalty society can impose. Tim
Baldwin’s narrow and _ perhaps
momentary escape from state-im-
posed death, despite inadequate coun-
sel and reasonable doubt of his guilt, is
a stark reminder that execution is
final; and if the state has made a mis-
take in carrying it out, the mistake
cannot be corrected or redeemed.,

send letters

On August 7, Tim Baldwin
will present his case to
the Board of Pardons.
They have the authority -
to recommend clemency and
to ask Gov. Edwards to
spare his life.

If you believe Louisiana
should not kill Tim, send
letters to the board and
to the Governor. They
must hear from the growing
number of citizens who

- oppose state-sponsored
executions.

Primarily, we want the
members of the board and
the Governor to know that
many citizens are aware
of the facts in this case,
they know of the uncer-
tainties and they expect
the board to act respon-
sibly and show mercy.

(ystueg e4TYoENO) eURTSTNOT peqynoozzoeTe ‘ot feqTuM fen AUQOUTL ‘NIMOIVE

Howard Marsellus, Jr., Chairman
Louisiana Board of Pardons
P.O. Box 44142, Capitol Statio
Baton Rouge, LA 70804

*1961T-CT=6

Governor Edwin Edwards
State Capitol :
P.O. Box 44004 3
Baton Rouge, LA 70804 =

Stute v. Thomas, 382 La. Ann. 349; State

y. Willinghain, 33 La. Ann. 538. The case

here is entirely without the inhibition.
Judgment affirmed.

(95 Ala. 55) ; ;
PATTISON v. BRAGG et al,

(Supreme Court of Alabama. Nov. 25, 1891.)
FRAUDULENT CONVEYANCE—ACTION TO SreT ASIDE
—EQuvuiITaBLE RELIEF.

1. Where a bill to set aside a conveyance for
fraud called for a sworn ciscovery from the pur-
chasers, und their answers denicd all knowledge
of or participation in the vendor’s fraudulent
intent, or any knowledge of his indebtedness be-
youd what he provided for in such conveyance to
them, and the evidence fails to overcome the de-
nials, a decree dismissing the bill will not be
disturbed.

2. Though on his failure to have the convey-
ance set aside complainant might have been enti-
tled to recover the amount of his claim out of
the purchase money owing by the purchasers, yet,
where the bill contained neither averment nor
prayer which could raise that issue, he was in
uo position to ask that relief.

Appeal from chancery court, Wilcox
county; Tnomas W. CoLEMAN, Chancel-
lor.

sill by Thomas H. Pattison against
Thomas Bragg and Willis Bragg and oth-
ers to set aside a conveyance of certain
real and personal property on the ground
of fraud. Decree dismissing the bill.
Complainant appeals. Affirmed.

The appellant, Thomas H. Pattison,
being a creditor of Thomas Bragg, filed
the present bill to have a conveyance of
property, real and personal, executed by
said Thomas Bragg on May 16, 1887, to
Willis Bragg and one Carson, annulled
and set aside as fraudulent and void; and
to have the property therein conveyc®,
condemned to pay the complainant’s debt.
The bill charges at length, and with great
particularity, that Thomas Bragg was
embarrassed and insolvent: that this was
known to his vendees, said Willis Brage
and Carson; that the property was sold
for greatly less than its real value; that
the intention of Thomas Brave was to
hinder, delay, and defraud the complain-
ant; and that this intent was participat-
ed in by the vendecs. The bill required
the respondents to file sworn answers.
Asisstated.in theopinion of thechancellor,
“each und every allegation of fact upon
whieh the charge of fraud rests has been
kquarely denied by the answers.” Upon
the submission of the case on the pleadings
and proof, the chancellor decreed that the
complainant was not entitled to the relict
prayed, and ordered the bill dismissed.
The complainant appeals, and = assigns
the deeree of the chancellor as error.

Brutus Howard and J. N. Miller, for ap-
pellant. 2. Gaillard and S. J. Cummings,
for appellees.

Stone, C. J. We have examined the
pleadings and testimony in this case with
great care. We agree with the chancellor
in finding that Thomas Bragg’s intent in
selling and conveying his property to
Willis Brace, his brother, and to Carson,

mes

WHITE v. BLATi.

his cousin, was fraudulent; and,if healone

were concerned, we would not hesitate . ; } yn
granting a new trial, plaintiff prosecutes

to declare the property subject to Pate
v.10so.no, L2--17

207

son’s claim. Borland vy. Mayo, 8 Ala. 104;
Marshall v. Croom, 52 Aia. 554; Crawford
v. Wirksey, 55 Ala. 282; Hubbard v. Allen,
59 Ala. 283; Donegan v. Davis, 66 Ala. 362;
Lehman v. Kelly, 68 Ala. 192; Hodges v.
Coleman, 76 Ala. 103.) The complainant in
his. bill called for a sworn discovery from
the purchasers, and propounded to them
searching interrogatories. Their answers
are a very full denial of all knowledge
on their part of Thomas Bragg’s fraudu-
lent purpose, and of his indebtedness be-
youd what he provided fur in his sale to
them. They equally denied all participa-
tion in any and all fraudulent intent on
the part of Thomas Bragg, if he enter-
tained such intent. The testimony fails
to overcome these denials, and it results
that in this phase of the case complainant
must fail. :

It is eoutended here that, if complainant
fails in this leading aspect of his case, then
he is entitled to recover the amount of bis
claim out of the $1,600 of purchase money
which Willis Bragg and Carson owed when
this bill was filed and process served on
them. A sufficient answer to this conten-
tion is that the bill contains neither aver-
ment nor prayer which could raise that
issuc, even if it be conceded such purpose
could be conjoined with the main object
of the bill.. Caldwell. v. King, 76 Ala. 149;
Coffey v. Norwood, 81 Ala. 512,8 South.
Rep. 199; Parsons v. Johnson, 8+ Ala. 254,
4 South. Rep. 885; Shealy v. Edwards, 78
Ala. 176. The decree of the chancellor is
in all respects aflirmed.

(95 Ala. 147)
WHITE v. BLAIR.

(Supreme Court of Alabama. Nov. 26, 1891.)

APPELLATE JURISDICTION—NgEew TriaL— REVIEW.

1. Under Sess. Acts 1890-91, p. 779, which pro-
vide for appeals from orders of circuit courts grant-
ing new trials, and empower the supreme court
to grant newtrials, or to correct any crrorsof the
circuit court in granting thesame, the power con-
ferred is purely appellate, and cannot be invoked
until motion hus been made and acted on in the
circuit court.

2. On appeal from.an order granting a new
trial, where the evidence did not plainly eopeort
the verdict, such order will not be disturbed.’

Appeal from. cireuit court, Barbour
county; J. M. CARMICHAEL, Judge.

Suit by W.S. White against D.S. Blair
to recover On a promissory note. Verdict
and judgment for plaintiff. From an or
der granting a new trial plaintiif appeals.
Affirmed,

1. D. Clayton, for appellant. J.N. Will
jams and G. W. Peach, for respondent.

Svrong,C. J. This was a sult by White,
transferee, against Blair, on a promissory
note wlleged to have been made by the lat-
ter. The ‘note purports to be payable to
MyP.Cawthorn. Defendant interposed a
sworn plea denying the execution of the
note -which fs correct in form. Code 1886,
p. 796,-term 83. On the trial of the issues
there were verdict and judgment for the
plaintiff. Thereupon defendant moved
for a new trial on several grounds, whieh
the eourt eranted, setting aside the ver-
diet and judginent. From that order,

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Jouble the Circulation of Daily Any Paper Published in Arisonk.

PHOENIX, ARIZONA, SATURDAY MORNING, APRIL 2. 1892.

TH DABOMEY AMAZON

A Striking Deseription of Their Mil-
itary Maneavers.

STRENGTH OF FOUR THOUSAND.

ecerhesnares

They Never Yield and Die Before
They Surrender.

Only One Blow From Their Cutles
Required to Cat a Man in
Two at the Waist.

Associated Press Dispatches,

ALexanpaia, Egypt, April 22—The
strongest institution in Dahomey, if
not in the world, ia the corps of Ama-
zons. Although only 3,000 or 4,000 in
number, they are the chief strength of
the Dahoman army. As fightera they
are unequaled in Africa. They never
yield, and die before they surrender,
but it should be explained that before
advancing to the charge they are made
very drunk. A French missionary
transmits the following account of some
maneuvers which he witnessed. Ber-
azin had studied military affairs while
in France, as well as the opera und can-
can, and when he came to the throne
established ‘‘autunin maneuvers,” in
imitation of the French and. Germans.

About 100 people were assembled
around the kingen, a fine tent, writes
the missionary. In a space set apart
for the maneuvers a rampart had been
erected, not of earth, but of bundies of
prickly thorns, 400 yards long by 18 feet

road and 6 feet high. Forty paces be-
yond the rampart and parallel to it rose
the framework of a building of the same
length sathe rampart, but 15 feet wide
and 16 feet high. Its two sloping roofs
were also covered witha dense layer of
prickly shrubs. Fifteen yards beyond
this strange building came a row of
huts, be whole wasiin imitation of a
fortified town, the storming of which
would cost many lives. The Amazone
with their bare feet,) were to scale the
rampart three times, ;descend into the
empty space which stood for the fosse,
climb up the building, which repre-
sented a bristling citadel, and cake the
town counterfeited by huts. Twie
driven back by the enemy they were at
the third assault to bé victorious, as a
proof of their guccees to drag their pris-
oners with them and throw them at the
monarch's feet. The jfirgt one to sur-
mount all obstacles was to receive the
reward of her bravery from the king’s
hand, '

‘|tempt,

Operations being at the King’s order.
The whole coinpany ¢xamine the poei-
tion of the town they dre to take. They
advance stooping so ag tu escape the ob-
servation of the enemy. In the second
reconnoissance the Amazons advance
upright with heads erect. Two ban-
dred of the 3,00) carry) cutlasses, which
they swing with both hands. Que
blow from one of them will Cut a man
intwo at the waist, The othere are
armed with musketa) . At the third
stage allare drawn wp in battle array.
Asthey march past the kimg they cheer
him and pledge theimseives to win the
victory for him. When they are massed
in battle array the king rises, exhorts
them to be brave and then they hurl
themselves against the cactus rampart,
surmount it, leap onjte the thorn-cov-
eied building, jampjback as if thrust
by an enemy and retarn three times to
the charge, They adramble over the
thorn-protected obstacles with as much
ease asa dancer glides over a polished
floor, and yet they are treading with
bare feet upon the prickly cactus
points. Z

At the first assault
gained the top of the
ground, a distagee o
remained lying® the
wringing her hands.
panions urged her to make another at- i
but without success. Suddenly
came up and reproached

angry tone and : i
ing eyes. ‘fhe, poor creature
foped as if electrified, joined the
attack and carried off the first prize.
g nr fae

ANTI- TRUST WHISKY.

a woman who had
building fell te the
fifteen feet, and
ra, moaning and
Some of her com-

the king

her with

Peoria’s Two Big Distilleries Will Be in
Operation by ‘November.

WHICAGE Bil April 22.-—Samuel
i HIGARO ns 8 La: ADO 2 left for

were interested. A disagrsemeat arove
about the terms of the transfer, and
onng Wild etrack his father several
we, onsol which knocked the old
~—* —— nearly out sat =
f am ce surgeon dre the eye,
but be said Mr. Wild would lose it. :

SEALOOSY AND WHISKY.

Double Tragedy in am Qhic Town = Mep-
etition of aa Oft-teld Btory.

Darron, Ohio, April 223.—A hernble
double creeety occurred here this after-
noon, in which John E. Geist killed his
wife Alice and then shot himself.

They had been married about nine-
teen years, and have not lived happily
together of late, and Geist has g
jealous of hia wife and he being under
the influence of liquor today accused her
of harboring other men. He became
excited, and as he drew a revolver Mrs,
Geist screamed and started torun. He
shot ber in the head, killing her inatant-
ly, and then fired a bullet into his own
heart and dropped dead.

Geist was an industrious carpenter and
married at Middletown, Ohio,

A Murderer Haeged, |
ew\ Onteans, April 22.-——Phillip
aker Waa hanged this afternoon for

the unprovoked murder of the young
wife of Neil Nelaon, a grocer by whom
Baker was employed as clerk, after he
had attemp' the life of his employer
on March 6th, 188%. Baker murdered
the woman, who wasenciente, and then
tried to fix the crime on Neleon,

MISSED THE MONEY.

AGIBRL LEAVES TRE MAN WHO DE-
CEIVES HER.

Hat She Mostly Misses: the Money That |
She Has Spent Upon Mer Whilom
Liege Lord.

Associated Presa Dispatches.

Buruineton, Towa; April 22.—-Last
month Miss Jennie Marsden, of Glad-
atone, was united in. marriage in thie
city to John Refew, The marriage cer-
emony was performed by Justice Ed-
monde-atthe Heyer hotel,

The young woman was back in the
city today to counsalt the squire upon
the best means of getting unmarried.
She alleges that she has proof positive
that Refew is a deceiver; that be has
three wives, one now livingin Rock Is-
land with a numerous progeny.

Refew, an alleged traveling man, won |
the village maiden by professing to -be |
wealthy. He hadto borrow from Land-
lord Heyer the $2 with which to pay the
justice. ‘Then the groom took his wife
on a wedding tour to Chivago, she pay-
ing the bills. The honeymoon passed
all too quickly; likewise the funde of
the bride. She was compstied, finally
to write for more money from her Glad-
stone friends,

Meanwhile they became suspicious
and had investigated the record of the
groom. When a second telegraphic call
for money came they did not remit, bot
hastened to dispel her illusion. They
brought the bride back.

The bride is now seeking advice. She
remarked to the justice today that she
did not so much regret her marriage
with Refew asshe did the loss of the
money she had expended on him.

ReRILLAE TALKS.

#
A

Soo a ON |
Says He Feele Like a Bay Just Witipped |
and Glad It fa (ver.

Mantrra, Ga., April 22,—Alfred O.
Barilli, the nephew of Patti, who has re-
turned to bis wife to escape the ven:
geance of Dr. Horine, gaia yesterday:
“only know that £ feel like a school
boy that has just bean punished and was
glad the chastising was finished. I am
nappy and go is Mrs, Barilli. i am pot
halt as black as I have been painted,
and all will be right some day,iam sure.”’

When asked if it was trae that his
‘aunt, Mme. Patti had dixiaherited him,
he said: “I was never awere that I was
to receive any of her fortune. I greatly
respect my aunt, and should regret
very much to loge her frigndghip, bay I
am a man and can provide for my family
without assistance.”

BIG REDUCTION OF PORCE.

Anaconda Smelting Company Lays ff 650
Mill Hands and Miners.

WRECKED! ==

sr seacmnaesnacntenne,

No. 19, Southern Pacific
: Express,

some nanensapaesenytanes

IS DBRAILBD NRAR YUMA,

secon ata

“Nobody Hurt” Again as
Usual,

Only Brave Fireman George

I, Laigkbimer

Gives Up His Life for His Passengers
—The Engineer Badly Hurt
—Also Messenger, Konte
Agent and Baggage
Master Injured.

Thursday night at 12 o'clock, tieo. T.
Lattimer, fireman on No. 19. Pacific ex-
press, eastbound, committed the great-
eat act of herviem that is accorded man
to do.

He voluntarily gave up his hfe for the
passengers in his care. The circam-
stances were especially distressing and
doubly beroic when it is known that
Lattimer leaves a young bride of only
afew monthe in Tuceon,

Thursday night No. 19 was slightly
behind and running ahead of echedule
speed to make uo the waste. Twenty-
aix miles east of Yuma, near a siali

flag atation’called Lingtra, sire ran into

a band of cattle, ditching the engine,
baggage, express and mail car and one
passenger coach,

Fireman Geo. ‘T. Lattimer was in-
stantly crushed to death under the pon-
derous engine,

Engineer Holiday wag badly bruised
about the chest and arms and was like-
wise badly scalded. %

A. L. Pritehard, route agent, W. A.
Smith, Wells, Fargo’s messenger, and
Bagzageman Sullivan were al] more or
leas injured.

Among the passengers, though many
were badly shaken up, there was the
saine old ¢tory sedt out over the wires,
“nobody hurt—fireman killed.”

The accident was so sudden that the
the passengers appeared not to realize
what had ocenrred until the terrible
fact dawned upon them that a man lay
mangled and dead in his efforts to save
their lives.

The engineer and flreman could have
eacaped injary if they had jumped from

| the train, but in so doing they wouid
sof many pagsen- | Fr"

ed the live

have eacril
gere.

The accident was simply onavoidable
and itis tothe credit of the brave en-
gincer.and bis unfortunate fremean that
the wreck was not ayy worse. The body
of Lattimer and the injured men were
pont ic Tueson early yesterday morn:
ing, a track haying been ballt sround
the wreck. «| af

At Tacecn the platform was crowded
with railrosd men waitiag for e glimpse
of their unfortunate broj here,

The young wife, so cuddenly widowed,
was alnost prostrated with grief and
appenved hardly ta realize the awful
catagifopha,

THS Wine)

ice COURT.

The Luke vse. Bend eh al Miniag Case
enches the Judge Yesterday.

va. Bond et al, reached the judge’s bench

DM. TéTUG DREAD.

seermaanrenenireacienii

Bertal.

Dr, Isaac &. Titae died last night alter
alingering Hives. Dr. Tites has lived
in Phenix for four years and wae uni-
versallv esteemed. He eame to Arisona
from Califoruis to take charge of the
asylum, but has practiced his profession
since severing hia connection with that
ingtitation,

Dr. Titas was @ prominent Mason, and
order in California. His remains witt
be gant to that state for burial.

& Convention Called.
_Wasninerox, April 22.—The National
Silver committee thie morning decided
tocalla bimetalic convention in thie
ety on May 26. The forme! call and
addrees will be issued tomorrow even-
ing.

GRAND OPENING.

AN ELABORATES DISPLAY OF NEW
Q0OD8 AT THE RED CORN ER.

Asher & Co. Give a Grand Upening—
Thonsende of People Throng Sireet,
Sidewalk aad Store A Complete Stook,

The grand opening of the Red Oorner
yesterday evening was attended by
thousands of ladies and geatlemen, The
immenae store room was thronged with
people eager to gee the elaborate stock
of new goode, for the firat time shown
to the public. .

Doring the past week many car-loade
of dry gooda, fancy gvods, clothing,
furnishing , ey Samrat shoes, hats, no-
tions, ete,, have been shipped into this
city, consigned to Asher & Co,, and the
enterpriging proprieturs and busy clerks
have been buev unpacking goods, mark-
ing prices and arrabging this, by far the
largest and most complete stock of
gooda ever seen in Vhenix, The new
atore, the Red Corner, was coinpleted
last Saturday, and the fresh goods were
tastily arranged in eepsarate depart-
nents. caeh of whieh looked as though
it could not be improved.

Promptly at7 p,m. the doors were
thrown open, es the band struck ap
“annie Rooney,” and throngs crowded
through the aisles of the immense ea-
tablistiment.

Everyone seemed highly pleased with
the pleagant sight which greeted them,
and well they might; seach piles of
dres¢-goods, including every fabric from
plain calico to the finest Purigian silks
aud imported iages. Five thoagand
pairs of shoes, and boots innumerable,
allofthe newest patterns and finest
qualities made up another department.

Lhe fornishing gonda department’ ar-
“ggh che centre of the estab-
ent wae complete, while im ready

clothing rare taste Shad been
displayed ia selection, and Vn such
quantities!
‘The hat department conthi every-
thing from the eiiken sonfbrere to

culated to please everyone from the
streight laced ministur the Intitudinar-
san loafer, ”

Altowether it wag a grand success as
an opening and the polite proprietors
and clerks auowed the throug every
attention posible. Phevix in to be
gougratula’tcd od the acquisition of such
an enterprising firm and no doubt the
citizens will show their appreciation by
a liberal patronage.

Watches at Vantilburg & Davison.

LOCAL BREVITIES.

Ne police news.

{
Thé celebrated mining case of Lake!

Hie Memaine te be Gent te California for)

Chinese pulp or Hicdeo cork, and cal-).

ilitary ball last night wae well) ¢

rumucan will preeent
lar lady in Arisoma ie
at B. Heyman's farnitar
it may be seen by the px

This elegant inetrament
by Tux Rercasican t
July 4th—-who it wilt be to he
bya vote of the people. As
stated all persona are eligible to
often aa they have ballow out frog
Dany Rervateax, whether the par:
voting lsasubecriber or mot, If)
want to vole bay or borrew se
Tue Rervpiscax, cat out the ballot
send it to thia office aud it wil
counted.

The piano which Tae Barveri
will present on July foarth t the mm
popular ledy in Arizona, ign May
& Hamlin instrament, valued st #600
be farnished by the reliable hover

Redewill, dealer in the Mase,

: ae the mos

Presented by
THs Auiors Rerrsiagcan

Hamlin, Behr, Peese, Stenes
other popular makers of inetramer
and guaranteed by him to be fall;
represented ,
After the contest has closed ef
graved plate bering the following
scription will be placed apoait:

SS Poe ai
{ Popular Lady ii Aree,

decided by a haliat of the peapia.
FQLY ATT, 19072,

‘|

BALLOT

_
woe

slides

vote For

of |

5 the most Populer Lady ix Avizona

; Thie Ballet aot geod if received alter May 3. 1992.

Cut this ucket Gut, write in the na
ef your favorite, and send it tac
VYotrse Environ ory The
The lady receiving the moet votes «
be gived the piano, the contest clue
&t§ o'clock p, m., duly 3, ise,

Rervatic.

Me . Lise nat is s er
FASS es ade

Eawards sees Baldwin, \

TO Visit ais, cohort today —

Gov.. Edwerds flies today to the
women’s prison at St. Gabriel to talk to
the one-time girlfriend of condemned
murderer Timothy Baldwin as he
decides whether to grant Baldwin a
reprieve from death in the electric
chair.

Edwards is scheduled to talk to
reporters upon his return to the

mansion late today, the governor’s:

press office said.

The governor made helicopter trips
to Louisiana State Penitentiary at
Angola and St. Gabriel Tuesday to talk.
to Baldwin and the girlfriend, Marilyn
Hampton, who is serving a life sentence
as a result of the same murder.

Edwards returns to St. Gabriel to talk
to the Hampton woman today in the
presence of her attorney who was not
there Tuesday.

Ms. Hampton, who Baldwin claims
was with him in El Dorado, Ark., when

the murder occurred, refused to speak |
with Edwards without’ her attorney |

godmother of his youngest son.

present, said Edwards’ executive .

assistant, Sid Moreland. So, Edwards
will make the return visit today.

The governor said he also wanted to
discuss the case with Ouachita Parish
district attorney Johnny Parkerson
before he announced a decision.

_ Edwards’ press office did not know
when that discussion would be held,

Baldwin, who is scheduled to die in

_ the state’s electric chair Sept. 10, was’

taken from his Death Row cell at the
State penitentiary in Angola to the

warden’s office for the meeting with

Edwards, us
Edwards met for an hour with

. Baldwin, a Cleveland, Ohio, native and

his attorney, Bill’ Quigley of New
Orleans.

Baldwin was sentenced to die for the
1978 bludgeon murder of 85-year-old:

Mary James Peters, a neighbor in his -

West Monroe neighborhood and the

Quigley said Tuesday night, “At the
‘beginning, Mr. Baldwin was
overwhelmed by the governor's
presence. He didn’t know he was
coming.”

Quigley said the conversation was .

almost'strictly factual:§’
Baldwin sat through the interview in

/ handcuffs and leg shackles, a standard

practice when Death Row inmates
leave theircells. — -
Quigley said Edwards “absolutely did’
not promise him (Baldwin) anything.”
The governor has Stressed he has no
intention of stopping the execution

unless he can be showh additional
evidence, Ps

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BALDWIN. Timothy George, White, elec., Louisiana, on 8-10-198), (Ouachita Parish.)

by BOB CARLSEN | | Louisiana’s “Old Smokey”
_, fried the con who

W. MONROE, LOUISIANA $: @ 4
SEPTEMBER 9, 1984 a : a

The man made his living through of ae .
forgeries and securities’ scams. He a mi aa ..
traveled throughout the country bilking Be Ze 7. aa

old folks out of their life savings. He was

(AR TA ET ST

many people, some newsmen who
should have known better included in
that group, that he was innocent and was
dying for something he didn’t do.

His six-year exit was perhaps his fin-
est con job of all. He went out with some
persons believing his contention that the
case never was thoroughly investigated.
But for the policemen who gathered a
preponderance of evidence against the
killer, there was no doubt in their minds
that he was the one who committed the
brutal West Monroe murder.

To say that Mary James Peters, an
85-year-old legally blind woman from
West Monroe, Louisiana was well-liked

-would be an understatement. She was
loved by her children, her grandchildren,
friends and neighbors.

Mary was legally blind but could see
things close up. Extra large letters were
on her telephone, and she used magnify-
ing glasses to read other things. She
could make out images if they were close
enough.

Even though she was up there in years,
Mary still wanted to be independent. She
didn’t let her blindness prevent her from
leading a fulfilling life. Her affliction
made things a little more difficult at
times, but she wasn’t prepared to be
stuck away in some nursing home to die.

She’d been independent all her life,
and with a little help from others, Mary
intended to remain so as much as possi-
ble for a long time.

one of the best con men police in
Louisiana ever encountered.

He was acon man till the day he died.
By the time he fried in the electric chair ;
at Angola, he had convinced a good

a i 4
fas ie i

85, was bludgeoned with household items similar to ones shown.

Mary Peters,

Mary, 85 years old, weak and blind, never had a chance

against the man and woman. She had been at their mercy,

and they showed none. They used a telephone, a
skillet, and a stool to bash in Mary’s head. To finish
the job, the man picked up a 19-inch portable color
television set and dropped it on Mary’s skull.

She took advantage of senior services,
such as Meals on Wheels, which helped
her remain independent in her small,
neatly kept West Monroe home.

.Friends and relatives frequently vi-
sited her, and she was not lonely by any
means. All who came in contact with
Mary Peters admired and respected her.

In addition to being well-liked, Mary
was very cautious. On both the front and
back doors to her home were several
locks. She would not open the doors to
strangers.

‘Too many kooks out there,’’ she
would always say.

She was right about that. What she
didn’t know is that one of them who
knew her quite well had his eye on her.
He believed her to be very -well fixed
financially. ee

By modern standards, Mary’s money
was little more than a year’s salary for
most folk. But for the itinerant check
forger and con man who knew of Mary J.
Peters, her past and the small safe in her
bedroom, the money seemed like a vast
sum

confided to his two traveling partners in
crime that he was going to make a big
score by robbing Mary J. Peters of her
money and securities.

““How are you going to manage that?”’
the man he was traveling with asked.
**She knows who you are.”’

The check forger scoffed at his
friend’s ignorance. The fact that Mary
Peters knew him was something in his
favor, he told his two friends, a man and
woman. The con man knew Mary kept
her money in a small strongbox in her
bedroom closet. ;

“The hard -part is getting into her
house,’’ the con man said. ‘‘It’s like a
damned fortress.’’

‘‘So how you gonna do it?’’ the
second man asked.

The con man grinned. ‘‘I used to live
in the neighborhood. She liked my ex-
wife and kids. In fact, she’s the god-
mother to my youngest. If she thinks I’m
with my wife, she’ll probably let us into
the house with no problem. That’s where
you come in, Sugar,’’ he said, address-
ing his comments to the woman sitting in
the front of the van on the passenger’s
side.

‘‘She doesn’t look anything like your
former wife,’’ his friend, sitting in the
back of the van, said about their female
traveling companion.

The man driving guffawed. ‘‘That’s
the beauty of it. Mary Peters is blind. All
we have to do is knock on the door.
She’ll ask who it is; I’ tell her: you can

And so in early April the con man

_ mutter something too, Sugar, and she’ll

let us in.’’ .
**That’s all fine and well, but after she

_ discovers she’s been ripped off, she’ ll be

able to tell the cops who did it. Maybe
you don’t mind being caught, but I sure
as hell do. We come a long way and I’m

not going to jail for anything.”’

‘Well then, we’ll just have to make
sure she don’t say nothing to nobody,’’
the con man chortled.

After a brief silence his friend said,
**Kill her?’’ ‘

- (Continued on page 70)

Timothy Baldwin was a con man and a conniver, but he decided to move on to bigger
things, like robbing and killing an old, defenseless woman. He paid for it by frying.

Skagit?

tents of the can on the floor.

It lit with an explosion. Dingle said he
got scared and ran out of the door, toss-
ing the can into the backyard and return-
ing to the apartment.

He planned to lay low and let the fire
consume the dwelling and cover up the
crime. But he changed his mind and re-
ported the blaze to the fire department.
Initially, it made him look like a hero.
Then the cops came nosing around and it
was time to leave. .

Dingle was taken to the county jail and
charged with the sexual assault and mur-
der of the Burlingame waitress.

At his June 1984 trial, Defense Attor-
ney Barton Sheela III argued that state-
ments his client made to police should be
thrown out of court because they were
made without his client being advised of
his legal nights.

Judge Paul Overton ruled as inadmiss-
ible the confession made at the police
station. But he let jurors hear a second

confession made to Sergeant Kennedy at
the county jail later the same day.

With the confession, Prosecutor.
Rupert Linley had little trouble convinc- ©

ing a jury of Dingle’s guilt and, on
July 18, 1984, he was convicted of mur-
der, rape, sodomy, arson and two counts
of burglary.

On September 5, 1984, Judge Overton
sentenced Dingle to 42 years to life in
prison, the maximum allowed by law.
Overton cited the threat Dingle posed to
society, along with the enormity of his
crimes. Dingle must serve at least 21
years before becoming eligible for
parole.

EDITOR’S NOTE:

Chester Burton and Laurie Medcalf .

are not the real names of the persons so
named in the foregoing story. Fictitious
names have been used because there is
no reason for public interest in the
identities of these persons.

BLUDGEONED BLIND WOMAN CONTINUED.FROM PAGE:46

The con man smiled to himself. Mary
was 85, had led a good life. Why the hell
should she have all that money? It’s just
sitting there doing no good for anybody,
he told himself.

Thus, as the trio which had spread its
misery throughout the Southern United
States rolled back to its home territory of
Louisiana, the murder plot was hatched.

On April 4, 1978 the con man and his
female companion knocked on the door
of Mary Peter’s house. Once the callers
identified themselves, Mary became
cheered at the prospect of having com-
pany. She unlocked the door and let them
in.

She was somewhat surprised, once
they were in, that the woman was not
who she expected.

*‘T split with my wife awhile back,”’
the con man told Mary.

Had Mary known that, she might not
have let them in. She never really was
very fond of the man. It always had been

-his family that she liked. But once faced

with the problem of having the man anda
strange woman in her house, Mary de-
cided to make the best of the situation
and invited them into the kitchen.

They talked for awhile and it became
dark outside. The con man and his lady
sat at the kitchen table and drank coffee,
which Mary prepared. They both
smoked Pall Mall cigarettes. Mary ab-
stained, as she didn’t smoke.

It seemed to Mary that the couple was

" staying quite long, and the conversation

was turning uncomfortable. The man
kept talking about finances, and even-
tually about Mary’s savings. Mary kept
trying to duck the questions.

It became obvious to the con artists

‘that Mary wasn’t going to provide any

useful information. There was no point
waiting any longer. It was dark outside,
and Mary could barely see. It wouldn’t
take much effort.

Mary never saw the first blow coming.
It crashed into the side of her head, and
she fell to the floor. Using 4 cast-iron
skillet, the woman stood over Mary’s
prone body and beat her in the head. The
man and woman used a skillet, a tele-
phone and a stool to beat Mary’s head in.
To finish the job, the man picked up a
19-inch portable color television set and
dropped it on Mary’s skull. The crack
was audible.

Mary never had a chance against
them. All the cards were in their favor.
She was blind, weak, and one against
two. She had been at their mercy, and
they showed none.

After beating her into unconscious-
ness, the two assailants ripped out the
telephone cords throughout the house,
and then went about the business or
ransacking the bedroom until they found
the small, metal strongbox in which
Mary kept her savings. Once they had

the loot, the pair exited the house the
back way, crawled into the van and
drove away.

A couple returning on foot from the
grocery store happened: to be passing
down the alley when the two assailants
exited Mary’s house. But the witnesses
didn’t know who lived in the house and,
at the time, did not realize anything was
wrong. They continued on their way as
the van drove out of the yard.

The assailants drove north across the
state line into El Dorado, Arkansas and
rented a motel room. The trip was 70
miles and took a little more than an hour.
They counted the loot. It amounted to
$27,000 in bank certificates and some
cash. He and his lady friend figured they
could go a long way on that kind of cash.

At first they thought it was a shame
that their other friend had left their com-
pany after that conversation in which the
murder plot was hatched. But after get-
ting to El Dorado, the couple figured it
was a good thing. That way they didn’t
have to split the loot with him.

Mary’s struggle to live continued

through the night and into the next morn- .

ing. She lay unconscious and helpless on
the kitchen floor.

The next morning, the Meals on
Wheels van pulled up to Mary’s house.
The attendant got out and became con-
cerned when Mary didn’t answer her
front door. The attendant\ had been
trained to investigate such cases where
the old people didn’t answer their doors,
just in case something had happened.

Usually such instances involve an

oldster who has fallen and broken a hip °

or other bone, or someone who has died

- quietly in the night. Those situations the

attendant was prepared for. But what met
her eyes at Mary Peter’s residence was a
totally unexpected horrifying sight.

As she entered the back door, the
scene was frightful. Blood was spattered
everywhere, and everything except the
kitchen table with cups and an ashtray on
it was a shambles.

The attendant saw the phone had been
pulled out of the wall, so she ran to a
neighbor and telephoned for help. An
ambulance and police quickly were on
the scene.

Detectives Larry LaBorde, Larry Nor-
ris, Larry Colbird and Pat Kelly arrived
on the scene to begin the investigation
while attendants were still administering
aid.

Not realizing that the others were there
to help her, Mary Peters grasped a chair
leg and swung it at Det. LaBorde.
Although she couldn’t talk coherently to
them, she was still conscious enough to

realize somebody was there and she per-
ceived them to be a threat.

After the victim was removed, the de- ‘
tectives started investigating the crime
scene thoroughly. One of the first things
apparent was that Mary James Peters was
an extremely cautious, perhaps a better
word would be frightened, woman. On
prior occasions when police had knocked
on her door, she wouldn’t even open it
for the lawmen.

She was not a stranger to the police
department, and when Det. LaBorde saw
the two or three locks on every door in
the house, and no sign of forced entry, he
said to the others at the scene, ‘‘She
knows who her attackers were. I only
hope she makes it so she can tell us.’

But Mary didn’t live. At the hospital
she lapsed into a coma, and the next day
she died.

The murder weapons found at the
scene were the cast-iron skillet, a tele-
phone, a kitchen stool and the television
set: Crime scene technicians were able to
lift a good palmprint from the television
set, and fingerprints from other objects.

Relatives came to the house to assist
detectives by answering questions about
Mary’s lifestyle and habits.

Detectives had noticed that everything

in the kitchen was a shambles except for
the kitchen table, which still stood in its
customary spot. On the table were two-
cups of coffee and an ashtray with the
remains of two Pall Mall cigarettes in it.

“‘Did Mary smoke cigarettes?’’ Det.
LaBorde asked relatives when they ar-.
rived. She did not, he was told. Nor did
she drink coffee, but she always kept
some on hand for guests.

It was apparent to the detectives that
two persons other than Mary had been
sitting at the kitchen table because of the
cups of coffee and the fact that the
cigarettes were pointing in opposite di-
rections in the ashtray.

‘Did she say anything before she
died?’’ a relative asked police.

‘Nothing of any importance,’’ Det.
LaBorde replied. ‘‘We asked her who
did it, if he was black or white, but her
only response was ‘No.’ Then she mum-
bled something about the needle that
the medic was putting into her arm.
Then nothing.’

As detectives prowled the house, they
noticed that every telephone in the place
had been yanked out of the walls, and
that the primary crime scenes were the
kitchen and Mary’s bedroom, which had
been ransacked.”’

“‘Did Mary keep any valuables in the
house?’’ Det. LaBorde asked a relative
as they entered the bedroom.

“Yes, she did,’’ the relative an-
swered, ‘‘She had a small, metal strong-
box in the closet that she kept her secur-
ities and coin collection in.”’

A careful search was made of the ran-
sacked bedroom, but the detectives
could find no trace of the valuables.

While processing the crime scene in
the bedroom, Det. LaBorde noticed that
Mary Peters had a collection of keys, all
of which had tags attached. On some tags
were the last names of various persons.

“‘You know any of these people?’
Det. LaBorde asked the relative as she
studied the keys.

“I know most of them,””’ the relative
answered. ‘‘Some are keys to their
houses.”’

Neighbors knew that they could trust
Mary, and they had her keep an extra key
in her home just in case they ever
accidentally locked themselves out of
their own house. Most everybody in the
neighborhood knew that Mary usually
stayed at home, and that, along with the
fact that she was trustworthy, is why they
let her keep an extra key for them.

Some of the keys were not to other

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A; mvery person who has been charged with a capital crime

in the past thirteen years in Ouachita parish and
Morehouse Parish has been given the opportunity to take
the easy way out and take second degree murder which
carries life imprisonment which is what Baldwin is
asking you for today. He had the benefit of that
policy. He said I want to roll the dice and take my
chances on freedom or the electric chair", and now six
years later he's back here appealing to you saying,

. "Give me clemency. He had clemency six years ago or
the opportunity for clemency from me, the D.A. You
see, I make those decisions. ven though the grand
jury indicts him for first degree murder I can take his
second degree murder plea,

Daniels: “very person so accused is given that opportunity.

DeAe? For thirteen years, to plead guilty to second degree
murder, that's right because then it's not on my own,
Johnny Parkerson's, moral conscience that he walks in
the next month or two and be electrocuted. He had the

choice,
Daniels: And he chose not to take that.
. D.Ae: He chose not to take it. He maintained his innocence

as he does here today. But that he is saying to you
today I am innocent but give me life imprisonment.
, It's kind of inconsistent, isn't it?

Daniels: That concludes my question,

Hicks; Did I not hear you say that Mrs. Peters was blind?
DAs: Yes. ,

Hicks: bid she live alone?

DA. Yes, I think so.

thE than watts correct.

ae oe ee She was blind, was she not?

Same other

person: Yes, legally blind.

Hicks: Legally blind, oh legally...

DeAes Apparently able to function,

(Later on during final questions)

Daniels: Mr. Chairman, I've got one final thing to ask Mr, D.A.
In so much as six years ago when you offered him the
, choice and he chose not to roll the dice, to use your
words, uh, he would have today not be sitting on death
row but instead have a life imprisonment sentence
® pronounced.

D.Ae? Yes, without the benefit of parole or probation or
suspension of sentence,

Daniels: Right, OK.

. DA: Not to look forward to the rest of his life in, without
a pardon, I'm sorry, go ahead,

Daniels: That's Ok. Once the dice had been rolled, again to use
’ your terms, as he chose apparently believing that he
could prove his innocence. Once the dice had been rolled
does your feeling still stand in terms of the offer you
originally made, in view of the fact that a plea of guilty
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gacr eae Anthsemgt WAS UR me Let appeal

They placed two (2) boxes into evidence,-- without even opening
them up, and claimed they belonged to Mrs. Peters. If they ever do open
them, they'll find it's impossible to claim they belonged to Mrs. Peters.
The fact is, they were mine, and I, can prove it,-- and cam recall every
thing that's in them,

That is-- unless you feel that Mrs.. Peters, kept such things as a
watch screwdriver fashioned into a lock-pick. A pair of miniture needle-
nose pliers, that are used to disconnect alarm systems,. The keys to a
house I, used to rent, and various other little " goodies " that only
I, can name.

I guess you must wonder about the jury I had. How could they over-
look the facts I've mentioned, plus the countless ones I, haven't brought
to your attention yet. They even testified that they, would be un-bias
despite;

One (1) having already made up his mind as to my quilt -- plus
his personal friendship with a police officer who testified against me.
Another one having at one time been assistant chief of police im West-
Monroe, for twenty-one (21) years. Another one having a son who at one
time was in law enforcement, and that she tended to believe police offi-
cers. That past. discussions with her son, would probably affect her, and
she might be affected by the fact that her mother was the same age as
Mrs. Peters.

Another one had a brother-in-law, that was with the Monroe police
Department. He admitted he would favor the testimony of a police officer
Over mine,

And last but not least, ome who swore up and down that she knew no-c
one in.law enforcement,-- but half-w gouge. the trial, when the D.A.,
was brought in: to testify about Odell, she stuck her hand up and waved
at him, and had a big smile on her face,

I just wonder how the D.A., managed to forget all of this.

He even wrote the pardon board,-- before the hearing, that my prints
were found on the safe. I wonder why he would tell a lis, like that,when
my attorney was able to expose him so easily.

With all the so-called "Overwhelming" evidence against me, why lie
to create more ? (smile).

BA LDWIN,‘white, elec, La. SP (Ouachita) 9-10-1984,

r’

Transcript

Clemency Hearing for Tim Baldwin - august 7, 1984

D.A.'sS Statement

Tape 2, Side B

(Talking alwut lie detector test)

Da Ast
Marsellus:

DAg:
Marsellus:
D.Ae?

Marsellus:
Pikes

Marsellus:

Di he’s
Marsellus:

Dshet
Marsellus:
Dyes
Marsellus:
D.A.:

Hicks: |
Marsellus:
Daniels:

Deedes
Daniels:
Dees

Daniels:

I feel good about the conviction,

You did say earlier that if Mr. Baldwin wanted to talk
at anytime that your recorders were available and

ready,
Yes sir, anytime,
You recorded all that.

No sir, I was saying to you that we are always anxious
as law enlorcement to hear people talk to us,

I know.

We would have had recorders, uh, that would have recorded
statements.

Yes. I'm alluding back to your previous statement in
answering this question. You said that Baldwin did
make a statement,

Yes.

And I'm saying, I'm trying to justify that by your
statement thatwere always available, that recorders
are always ready and running if someone wants to talk,

kight,.
Was that recorded? ‘s
Yes, and then transcribed,
Good,

The was read by my people,
writing. ;

I have a question. Oh, I'm sorry.
I'm sorry also. I just had to ask that question,

Oh no, that"s OK. I presume your office tried both of
them,

Yes, the same lawyer tried both of them, Mr. Harrison,
And he asked for the death penalty for the lady, too.

I truly don't remember. I think we did but I wouldn't
want to be saddled with that without coming back to the
court records, I'm pretty sure we did. Well, that's
another thing about this case, uh, speaking of the
death penalty and our attitude towards it, uh, I have

a policy that all my people follow - bh - uwvery person
who's ever been charged of a first degree murder are»
in previous years crimes that carried the death penalty
in other years other crimes carried the death penalty,
now just first degree murder does, In every one of those
cases each defendent has a Opportunity to opt to
choose for himself life imprisonment I believe it's
second degree murder. ‘Timothy Baldwin had that
Opportunity. He rolled the dice, In other words six
years ago he could have had what he is asking you for
today. His choice.

Could you repeat that statement one more time?

They OKed to me in

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ore od a re

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AL Land

I was arrested on a Saturday, around 7:00, as I, came out of a
Cafe, in El Dorado, Arkansas. An El Dorado, sheriff's deputy drove the
Van from the Cafe to the sheriff's office, which was quite a distance
away.

I believe it's procedure to at least glance inside a strange ve-
hicle before driving it; especially a van with no windows in the side
or back. It was new, and the lights came on when the door opened,

Once at the sheriff's office, I was asked to Sign, a consent to
Search my motel room, but not the van ?

Three (3) West Monroe policemen placed Marilyn and I, in a car and
took us to West Monroe, and a fourth (4th) policeman drove the van. back.
He even had to stop once for Bab.

When. we arrived in. West Monroe, I was asked to sign a consent to
search the van, which I, did,

Sunday morning I, was given the Line-up, and I would imagine the
police were upset when someone else was picked out,

Whats interesting, is they didn't park the van in the garage where
they search vehicles, instead it was parked in a lot. In fact, despite
my being arrested on: a Saturday; the vam wasn't searched till the follow-
ing Monday. And if I, remember right, they didn't do it till Monday after
noon ? ,

They were asked recently why they had waited go long,. "' They said
it's procedure to wait for working hours before searching anything ",
The D.A., has been quick to say the police found the Bonds in the van,
but he fails to mention the rest of their testimony, which was "it
looked as if they were thrown on the floor board ",.

Considering there were 164 individual bonds, I'd say that was quite
a mess, wouldn't you ? I wonder how the two (2) drivers of the van never
noticed this mess ?

It must be like the Gold coins that appeared out of thin air. Don't
tell me the D.A., has never mentioned this feat of magic. One (1) of
Mrs. Peters, daughters testified that she kept. some gold coins in her
Safe. I knew of this and also testified of this.

When the safe was searched, no gold coins, They had someone from
the university spray the contents with a special chemical to dry it out
and preserve fingerprints, still no gold coins, It was searched again
by deputies- no gold coins. The D.A., went through the contents in front
of the jury -- still no gold coins.

After the trial, a juror came up to my attorney, and told him that
the gold coins everyone was s0 worried about,was in the safe when the
evidence was in the jury room ? Everyone seems to worry about the eco-
nomy being so bad. Find out how to make gold coins appear out of thin air
and your worries will be over.

Oh yes, before I, forget. The D.A., claims other items that belonged
to Mrs. Peters, were found in my van.

Mme =

BB hB5e

670 La.

coverage was routine for a murder case. A
television story quoted the police chief as
saying the crime was “savage” (Tr. 277) and
a reporter characterized it as a “brutal slay-
ing” (Tr. 278). However, these descriptions
are not exaggerated. The lay witnesses at
the hearing were generally unfamiliar with
the crime although some had a sketchy im-
pression about it from the news media.
The only one who testified that the public
had a preformed opinion about defendant’s
guilt was Ludvic Herlevic, who had known
the victim all of his life and took her to
church every Sunday. Defendant did not
prove that there was such prejudice in the
collective mind of the community that a
fair trial was impossible. LSA-C.Cr.P. art.
622. There was no difficulty in securing an
impartial jury. Although only three
months elapsed between the murder and
the trial, many of the prospective jurors
were completely unaware of the crime.
The severe offense apparently had little
impact on the community. Only one chal-
lenge for cause was granted because the
prospective juror had a preconceived idea
about Baldwin’s guilt. There was no basis
for a change of venue and the trial court
correctly denied the motion. State v. Clark,
340 So.2d 208 (La.1976); State v. Smith, 340
So.2d 222 (La.1976).

This assignment lacks merit.

ASSIGNMENTS OF ERROR NUMBER
TWO, THREE AND FOUR

[2] Defendant contends that the trial
court should have allowed him to enter a
plea of not guilty by reason of insanity;
should have appointed a sanity commission
and should have provided him with an ex-
pert psychiatrist at State expense. LSA-C.
Cr.P. art. 561 provides that a defendant
may withdraw a plea of not guilty and
enter the alternate pleas of not guilty and
not guilty by reason of insanity within ten
days after arraignment, but the court may
thereafter allow such a change “for good
cause”. The trial court found no cause for
the change here. At the hearing on the
motion for a change of plea, the only evi-
dence of impaired mental capacity was tes-

388 SOUTHERN REPORTER, 2d SERIES

timony that Baldwin had been a heavy
drinker. Compare State v. Taylor, 229
So.2d 95 (La.1970), where there was both
lay and medical evidence of insanity. The
trial court correctly concluded that there
were no indicia of insanity, and no basis for
the appointment of a psychiatrist or a sani-
ty commission. LSA-C.Cr.P. art. 643;
State v. Clark, 367 So.2d 311 (La.1979).

These assignments of error lack merit.

ASSIGNMENT OF ERROR
NUMBER FIVE

[3,4] Defendant objects to the trial
court’s denial of his motion to suppress the
evidence seized from the Arkansas motel
and the Ford van. There is no question
that Baldwin was legally arrested pursuant
to a valid warrant. At the hearing on the
motion to suppress, four Louisiana detec-
tives testified that Baldwin’s written con-
sents to the searches were given freely and
voluntarily. Baldwin testified that he was
not presented with a warrant for the
searches. On cross—examination, he was
asked to identify his signatures on the two
documents. giving permission for the
searches and seizures. Counsel attempted
to invoke Baldwin’s Fifth Amendment priv-
ilege against self—incrimination, but the tri-
al court required him to respond. By tak-
ing the stand at the suppression hearing,
Baldwin subjected himself to cross—exami-
nation on the issues relevant to that hear-
ing. State v. Lukefahr, 363 So.2d 661 (La.
1978). Any consent to the searches was
relevant to the question of whether the
evidence should have been suppressed. The
trial court did not err in requiring Baldwin
to identify his signatures. The State
carried its burden of proving that Baldwin’s
consent to the searches was voluntary and
uncoerced.

This assignment of error lacks merit.

ASSIGNMENT OF ERROR NUMBER
SIX, SEVEN, EIGHT AND TEN

The defense exhausted its peremptory
challenges and complains of the trial court’s
failure to excuse four prospective jurors for
cause. The defense challenged all four per-
emptorily.

STATE-v. BALDWIN

La. 671

Cite as, La., 388 So.2d 664

[5,6] It is contended that Ernest Stan-
sel should have been excused because of his
personal friendship with Carlton Traweek, a
police officer who testified for the prosecu-
tion, and because he had a fixed opinion
about defendant’s guilt.

Although prospective juror Stansel had
formed an opinion about defendant’s guilt
or innocence, he testified that this would
not affect his decision and that he could be
fair as a juror. Stansel said that his per-
sonal friendship with Traweek would not
make him believe Traweek’s testimony over
that of any other witness and would not
influence his verdict. Stansel testified that
he could vote impartially after listening to
the evidence.

It is also argued in brief that Stansel was
a personal friend of investigator Charles
Dortch, who assisted the prosecution, but
Stansel’s testimony was that he knew
Dortch only to the extent of knowing who
he was.

The relationship between Stansel and
Traweek was not within the purview of
LSA-C.Cr.P. art. 797(3)2 State v. Watson,
301 So.2d 653 (La.1974). Stansel was com-
petent to serve as a juror. LSA-C.Cr.P.
art. 797(2). There was no abuse of discre-
tion in denial of the challenge for cause.

(7] Defendant contends that prospective
juror George A. Wood should have been
excused because he had served as assistant
chief of police for the City of Monroe. Al-
though Wood had served twenty-one years
with the Monroe Police Department, he said
that he would be fair to both sides in his
deliberations. He had been retired for six-
teen years at the time of trial. He testified
that he would not believe a police officer
merely because he was an officer and that
he would find defendant not guilty if he
had a reasonable doubt in the matter.

2. LSA-—C.Cr.P. art. 797(3) provides:

“The relationship, whether by blood, marriage,
employment, friendship, or enmity between the
juror and the defendant, the person injured by
the offense, and the district attorney, or de-
fense counsel, is such that it is reasonable to
conclude that it would influence the juror in
arriving at a verdict;”.

Woods had no particular connections with
this defendant which would have made him
ineligible to serve as a juror. Compare
State v. McIntyre, 365 So.2d 1348 (La.1978).
The trial court correctly found that Woods’
testimony on voir dire showed that he
would be a fair and impartial juror, despite
his background in police work. See State v.
Qualls, 353 So.2d 978 (La.1977).

[8,9] Defendant contends that the trial
court erred in failing to grant its challenge
for cause of prospective juror Manning H.
Kemp. Kemp's brother-in-law is a Monroe
police officer and he is personally acquaint-
ed with other law enforcement people.
Kemp stated that the relationship would
not influence him but admitted that he
would favor the testimony of a police offi-
cer over that of the defendant because po-
lice officers are trained observers, and have
nothing to gain by giving false testimony.
When examined by the court, Kemp said
that he would give believable testimony
from a stranger, which he had no reason to
doubt, equal weight with that of a police
officer. He testified that he had no precon-
ceived notions about the case and could be a
fair and impartial juror, free of any preju-
dice. Like the prospective juror in State v.

Governor, 331 So.2d 443 (La.1976), Kemp
said he would consider the testimony as a
whole. He agreed that policemen can make
mistakes and said he would not exclude
testimony contra to that of a policeman.

Kemp was not unqualified to serve as a
juror merely because he regarded policemen
as trained observers. This does not imply
that he would therefore accept their testi-
mony without question. There was’ no
abuse of discretion in refusal of the chal-
lenge for cause. State v. Allen, 380 So.2d

28 (La.1980).

3. LSA-C.Cr.P. art. 797(2) provides:
“The juror is not impartial, whatever the cause
of his partiality. An opinion or impression as
to the guilt or innocence of the defendant shall
not of itself be sufficient ground of challenge to
a juror, if he declares, and the court is satisfied,
that he can render an impartial verdict accord-
ing to the law and the evidence;”.

RiAls

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674 La.

guilt or innocence. LSA-C.Cr.P. art. 775
provides in pertinent part:
“Upon motion of a defendant, a mistrial
shall be ordered, and in a jury case the
jury dismissed, when prejudicial conduct
in or outside the courtroom makes it im-
possible for the defendant to obtain a fair

trial, or when authorized by Article 770
or 771,”

The trial court in its per curiam noted
that in its opinion the word appeal did not
necessarily connote a guilty verdict in the
minds of the jurors. The trial court stated
at the time that he did not feel the remark
prejudiced defendant, but offered to ad-
monish the jury. Defense counsel declined
the admonishment on the ground that it
would merely draw attention to the word
appeal.

Mere use of the word appeal does not
have the prejudicial effect argued by de-
fense counsel. The trial court stated in its
per curiam that the jurors’ understanding
of the judicial process was such that they
would probably expect an appeal to result
from a trial in all circumstances. The trial
court did not feel the word necessarily con-
noted a conviction or guilty verdict. The
remark is not within those enumerated in
LSA-C.Cr.P. art. 770 as mandating a mis-
trial. It is only when the prejudice created
by a remark prevents a fair trial and an
admonition is insufficient that a mistrial
should be ordered. LSA-C.Cr.P. art. 771.
An admonition would have been sufficient
here. Since defendant declined to request

one, he cannot complain of any prejudice
resulting from its omission. The drastic
remedy of a mistrial was not warranted.
State v. Heads, 370 So.2d 564 (La.1979);
State v. Matthews, 354 So.2d 552 (La.1978).
It is unlikely that the jury was aware that
there is an appeal only from a conviction.
No substantial prejudice was demonstrated.

This assignment of error is without merit.

ASSIGNMENT OF ERROR NUMBER
TWENTY-NINE
{17] Defense counsel objects to the
State being allowed to recall a witness to
elicit testimony which exceeded the scope of

388 SOUTHERN REPORTER, 2d SERIES

cross-examination. LSA-R.S. 15:28
places the scope of redirect examination
within the trial judge’s discretion, and
LSA-C.Cr.P. art. 765(5) allows the trial
court to permit additional evidence prior to
argument.

There was no error in allowing the wit-
ness to be recalled and defense counsel
waived his right to further examination of
the witness by stating “that’s all we have”
(Tr. 1482).

This assignment of error lacks merit.

ASSIGNMENT OF ERROR
NUMBER THIRTY

[18] It is contended that the trial court
erred in allowing Detective Larry Norris to
testify as an expert in fingerprint identifi-
cation. Norris had been the fingerprint
officer for the West Monroe police depart-
ment for eighteen months and had worked
in the development of latent fingerprints
for six years. He had specialized in com-
parison of latent fingerprints for fourteen
months prior to trial and had attended vari-
ous special schools: the Law Enforcement
Training Academy at LSU in Baton Rouge;
the F.B.I. School at LSU; and the F.B.I.
Academy in Quantico, Virginia. See State
v. Lewis, 351 So.2d 1193 (La.1977); State v.
Madison, 345 So.2d 485 (La.1977); and State
v. Overton, 337 So.2d 1201 (La.1976). Nor-
ris’ testimony shows complete familiarity
and knowledge of the subject of fingerprint
identification. The trial court did not err in
accepting him as an expert in the field of
fingerprint identification.

This assignment of error lacks merit.

ASSIGNMENT OF ERROR

NUMBER THIRTY-ONE
(19, 20] Defendant complains about the
admission in evidence of Exhibit 8-34, a
photographic enlargement of a latent palm
print found on a cigarette lighter at the
scene of the crime and a photographic en-
largement of defendant's palm. The exhib-
it enlarged the photographs to enable the
jury to make a visual comparison. A photo-
graph which is otherwise admissible should

'
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STATE v. BALDWIN La. 675
Cite as, La., 388 So.2d 664 : . ae
oot Oe ee a pager agp St * ie eoypatctba at at Ue trial
i is only when the a » anc :
aa ie i evidence court denied the motion. This is assigned
that such a photograph should be excluded. as error.
It is contended that the enlarged prints are District Attorney Parkerson ee called tis
not the best evidence because of distortion, ebyt an inference of immunity to whtnees
but the claim that the enlargements distort jones The State did not know his presence
the evidence is not substantiated in any ,.. necessary until the immunity issue was
particular. raised, and he was not gre oie
i i ‘ discretion in allow
This assignment of error lacks merit. enti tab: pone ee
ASSIGNMENTS OF ERROR NUMBER State v, Bell, 346 So.2d 1090 (La.1977). The
THIRTY-TWO AND THIRTY-THREE contention that the testimony of : pu 2
[21] Defendant contends that he was figure creates an pppresaen sprint
prejudiced by the State’s failure to allow justified here, where the = y su ce on
pretrial examination of photographs taken immunity for Jones. Not ing int er
at the site where the safe was found in the mony indicates a persona cane
LaFourche Canal. Counsel for defendant ant’s guilt or would create that imp
moved for a mistrial, and the motion was jn others. .
denied. The court allowed defense counsel This assignment of error lacks merit.
to view the photographs during a trial re-
cess. A motion was then made to exclude
the pictures and all testimony concerning
them because of the State’s failure to dis-
close them prior to trial. LSA-C.Cr.P. art.
729.5. The trial court ruled that there was
no prejudice to the defense and allowed the
evidence to be admitted.

ASSIGNMENT OF ERROR NUMBER
THIRTY-FIVE
Defendant objects to admission into evi-
dence of various State exhibits.

[23] A black and white photograph of
the victim is allegedly more prejudicial than

The photographs were taken on the probative. The photograph Gates
morning of the day they were introduced the extent of the injuries, the i + ity @
into evidence and could not have been made the victim and the probable cause o a
available prior to trial. The recess to en- Jt is unpleasant but not gruesome. Zhe
able defense counsel to examine the evi- probative value outweighs any prejudice
dence cured any surprise and eliminated the tate vy. Trass, 347 So.2d 1156 (La. 7
necessity of the evidence being excluded. Other chjects were objected to on’ the
The photographs themselves were nos nm ground of improper identification and an
flammatory or prejudicial; they merely a improper chain of custody. These conten-
lustrated the scene where the safe was dis- ced les ial
covered. Allowing defense counsel to view
the photographs prior to their introduction
was sufficient to assure a fair trial. The
trial court found no evidence of bad faith
on the part of the State, and there was no
abuse of discretion in allowing the photo-
graphs into evidence.

These assignments of error lack merit.

This assignment of error lacks merit.

ASSIGNMENT OF ERROR
NUMBER THIRTY-SIX

[24] Defendant complains that the trial
court erred in refusing to give requested

special charge, number 3 as follows:
“The prosecution must prove beyond a
reasonable doubt, not only that the of-
fense was committed as alleged in the
indictment, but that the defendant was
the person who committed it. You must

ASSIGNMENT OF ERROR NUMBER
THIRTY-FOUR
[22] Defense counsel moved to exclude
testimony by District Attorney Parkerson

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[10] Both the State and the defense at-
tempted to challenge prospective juror Vera
Glass for cause: the State because of her
views on capital punishment; and the de-
fense because she thought an indictment
was some indiction of guilt, tended to be-
lieve law enforcement officers over lay wit-
nesses, and felt that defendant should testi-
fy in his own behalf. When the court in-
structed Ms. Glass that she could not con-
sider the fact that defendant had been in-
dicted as an indication of guilt, she answer-
ed that she would not. Ms. Glass’ son had

‘been a deputy and she knew other law

enforcement officers. She tended to be-
lieve police officers because of her son’s
conscientious attitude about the law and
admitted that past discussions with her son
would probably affect her. Ms. Glass also
admitted that the fact that she had an
eighty-five year old mother might influ-
ence her and that she would always wonder
why a defendant failed to testify. How-
ever, she responded to the court’s rehabili-
tating questions correctly and stated that
she could base her decision solely on the
evidence presented and the instructions giv-
en by the court. Ms. Glass indicated that
she would accept what the court told her
regarding the weight to be given to the
testimony, the presumption of innocence,
and the defendant’s constitutional right to
refuse to testify. Her responses show no
bias. Despite some confusion, she appar-
ently understood the trial judge’s instruc-
tions. She was able to extract the gist of
his explanation that an indictment cannot
be regarded as evidence of guilt and restate
it in her own words (Tr. 843-844). Her
comprehension was sufficient to make her a
competent juror. Compare State v. Nolan,
341 So.2d 885 (La.1977). There was no
abuse of discretion in the refusal to allow
the challenge for cause.

These assignments of error lack merit.

ASSIGNMENT OF ERROR
NUMBER NINE
[11] Defendant contends that a mistrial
should have been granted because one of
the jurors, Judy Dell Puckett, perjured her-

388 SOUTHERN REPORTER, 2d SERIES

self on voir dire. During the trial, it devel-
oped that Ms. Puckett knew District Attor-
ney Parkerson and defendant contended
that she had denied knowing anyone who
worked in the district attorney’s office.
Ms. Puckett had first been asked on voir
dire if she knew anyone in law enforce-
ment. She replied that she did not know
anyone currently with the Sheriff’s Depart-
ment. She was not asked if she knew any-
one in the District Attorney’s office, but
only what contact she had had with that
office in connection with the theft of her
car. She replied that Deputy Gene Hatten
took care of the matter and she did not talk
to anyone else at the District Attorney’s
office on that occasion. No false statement
was made by Judy Puckett. The trial court
found no impediment to a fair trial and
correctly denied the mistrial. State v.
Forbes, 348 So.2d 983 (La.1977).

This assignment of error lacks merit.

ASSIGNMENTS OF ERROR NUMBER
ELEVEN AND TWELVE

These assignments of error relate to al-
legedly prejudicial rulings relative to the
examination of State witness Doris Ellen
Baldwin. When the State tried to impeach
Doris Baldwin’s testimony, the trial court
ruled that the State had failed to show
either surprise or hostility. LSA-R.S.
15:487, 488. The trial court did, however,
allow her to answer a question which was
ruled “leading” and a question on re—direct
examination which exceeded the subject
matter of cross-examination.

[12] Doris Baldwin initially testified
that she had talked with Bill Jones on
Thursday, April 6, but did not remember
whether she had talked to her father that
day or not. The State attempted to
impeach her on the basis of a prior incon-
sistent statement. The court made an in
camera examination of the statement and
found no real inconsistency, but ruled that
the State could clarify “hazy areas” (Tr.
1279). Ms. Baldwin was then asked:

“Miss Baldwin isn’t it true that in fact

you did receive a phone call from Bill and

your father about 5:30 on the evening of

Thursday ...”. (Tr. 1282)

STATE v. BALDWIN La. 673
Cite as, La., 388 So.2d 664

The court ruled that the question was lead-
ing but not objectionable or prejudicial.
Doris Baldwin was allowed to answer yes.
When she was queried as to the content of
the conversation, the trial court sustained
an objection. The trial court did not abuse
its discretion in allowing the first question.
LSA-R.S. 15:277 prohibits leading questions
to one’s own witness. Even if the question
were leading in that it suggested the phone
call had been received, allowing the witness
to answer it did not prejudice defendant.
State v. Quincy, 363 So.2d 647 (La.1978).

[13] The State attempted to ask Ms.
Baldwin whether she observed any injury to
Barbara Hampton’s face on Wednesday,
April 6, and the trial court maintained an
objection on the ground that the subject
was not covered on cross—examination.
LSA-R.S. 15:281. Counsel for the State
then stated that he would recall the witness
and defendant consented to the question.
By consenting to the questioning, defense
counsel waived his objection.

These assignments of error lack merit.

ASSIGNMENT OF ERROR
NUMBER THIRTEEN

[14] Defendant contends that the trial
court erred in allowing irrelevant testimony
of William Odell Jones in regard to the
relationship between Marilyn Hampton and
defendant. It is contended that defendant
was placed in a bad moral light as one who
left his wife for another woman. There is
no basis for the contention because both
Rita and Timothy Baldwin also testified
about the relationship, and Jones’ testimony
did not add anything.

This assignment of error lacks merit.

ASSIGNMENTS OF ERROR NUMBER
FOURTEEN, FIFTEEN, SIXTEEN,
SEVENTEEN AND EIGHTEEN

[15] These assignments of error are di-
rected to the testimony of William Odell
Jones that Timothy Baldwin told him he
would kill Ms. James [the name by which he
knew Ms. Peters] if necessary to get her
money. The hearsay testimony was al-

lowed to show defendant’s specific intent to
murder the victim. LSA-R.S. 15:446. The
statements were unquestionably voluntary.
Defendant recéived pre-trial notice that
the statements would be used in evidence,
and the statements were admissible to
prove Baldwin’s motive and_ intention.
State v. Weedon, 342 So.2d 642 (La.1977).
They showed Baldwin’s state of mind imme-
diately prior to the murder.

These assignments of error lack merit.

ASSIGNMENTS OF ERROR NUMBER
NINETEEN, TWENTY, TWENTY-
ONE, TWENTY-TWO, TWENTY-
THREE, TWENTY-FOUR, TWEN-
TY-FIVE, TWENTY-SEVEN, AND
TWENTY-EIGHT

Defendant contends that testimony about
his arrest in Arkansas and the searches
should not have been allowed because there
was no probable cause for his arrest, and
the searches of the motel room and the van
were illegal. Since the arrest was legal and
he consented to the resulting searches and
seizures, testimony about the circumstances
was clearly admissible.

These assignments of error lack merit.

ASSIGNMENT OF ERROR NUMBER
TWENTY-SIX

[16] Defendant complains that the trial
court erred in denying a mistrial when the
prosecuting attorney alluded to an appeal.

Defense counsel repeatedly objected to
the testimony from the Arkansas deputies
and others about the circumstances sur-
rounding the arrest, searches and seizures.
In response to one of these objections, the
prosecution stated, “... counsel has re-
served his rights for appeal, ...”. (Tr.
1432) It is contended that the remark was
improper and prejudicial, indicating to the
jury that defendant would be convicted and
would then appeal. Further, it is argued
that the jury would regard the appellate
process as another type of trial rather than
a review of the record and the remark
might induce them to convict the defendant
because there would be another trial of his

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668 La. 388 SOUTHERN REPORTER, 2d SERIES
fied, because only subject of such testimony
was immunity for certain witness and noth-
ing in such testimony indicated personal
belief in defendant’s guilt or would create
that impression on others. LSA C.Cr.P.
art. 764.

23. Criminal Law @= 438(6)

evidence was presented to show cruel na-
ture of offense did not mean that evidence
of heinousness was introduced at guilt por-
tion of trial in violation of certain case,
since, because of particular nature of crime,
evidence of cause of death necessarily in-
cluded some description of victim’s physical

STATE v. BALDWIN

La. 669

Cite as, La., 388 So.2d 664

the death penalty. Two aggravating cir-
cumstances were found: that Baldwin was
engaged in an armed robbery; and that the
crime was committed in an especially hei-
nous, atrocious and cruel manner. Defend-
ant Baldwin has appealed, relying on forty
assignments of error.

behalf and admitted that he and Marilyn
visited Mrs. Peters that evening, but denied
the murder. Mrs. Peters, who was 85 years
old, was beaten with various things, among
them a skillet, a stool and a telephone. She
remained on the kitchen floor overnight and
was discovered the next morning shortly

In prosecution for capital murder, no
error occurred in admitting into evidence
black and white photograph of victim,
which showed extent of injuries, identity of
victim and probable cause of death, and
which was unpleasant but not gruesome, as

‘probative value outweighed any prejudice.
24. Criminal Law <=829(1)

In prosecution for capital murder, de-
fendant's requested special charge was cov-
ered by general charges that made it clear
to jury that every element of crime includ-
ing identity of defendant had to be proven,
and thus no error occurred in refusing to
give defendant’s requested special charge.
25. Criminal Law <=814(1)

Since, in prosecution for capital mur-
der, there was no plea of not guilty by
reason of insanity, defendant’s requested
special charges relating to plea of not guilty
by reason of insanity were inappropriate
and correctly denied. LSA-C.Cr.P. art. 803.

26. Criminal Law C= 935(1)

In prosecution for capital murder, no
crror occurred in not granting defendant’s
motion for new trial on ground that there
was no evidence of specific intent at time of
crime, even though defendant contended
that he may not have realized consequences
of his act because of his mental state or
intoxicated condition, where evidence did
not establish that defendant was too intoxi-
cated to realize what he was doing at time
crime was committed, and there was ample
evidence of requisite specific intent at time
crime was committed.

27. Homicide e171(1)

Fact that, in prosecution for capital
murder, State rested its case at sentencing
hearing on trial testimony and no additional

* Honorable Richard H. Gauthier participated in
this decision as Associate Justice Ad Hoc.

condition, and inference would arise that
crime was cruel one, but this was not be-
cause any effort was made by State to
stress this aspect of matter, but, rather,
evidence of cause of death was admissible
and in itself showed crime to have caused
great pain and suffering.

28. Criminal Law = 1206(2)
Homicide <=354

Death sentence for first-degree mur-
der of 85-year-old woman was not exces-
sive, where there was no evidence that de-
fendant’s sentence was imposed because of
passion, prejudice or other arbitrary factors,
evidence supported jury’s finding of statu-
tory aggravating circumstances that de-
fendant was engaged in armed robbery and
that crime was committed in especially hei-
nous, atrocious and cruel manner, and sen-
tence was not disproportionate to penalty
imposed in similar cases in parish in ques-
tion, considering both crime and defendant.
LSA-C.Cr.P. arts. 905.4(a, 2), 905.5, 905.9;
LSA-R.S. 14:2(8).

William J. Guste, Jr., Atty. Gen., Barbara
Rutledge, Asst. Atty. Gen., Johnny C. Par-
kerson, Dist. Atty., John R. Harrison, Asst.
Dist. Atty., for plaintiff—appellee.

J. Randolph Smith and Gilmer P. Hingle,
Smith & Hingle, Monroe, for defendant—ap-
pellant.

WATSON, Justice.*

Timothy George Baldwin and Marilyn
Lee Hampton were indicted by a grand jury
for the first degree murder of Mary James
Peters, in violation of LSA—R.S. 14:30. The

trials were served and Baldwin was found
guilty. After the sentencing portion of his
trial, the jury unanimously recommended

before noon by Elsie Mae Brice, an employ-
ee of the Ouachita Council Meals on
Wheels, who was bringing her noon meal.
Although helpless and incoherent, Mrs. Pe-
ters tried to defend herself against the po-
lice officers and the ambulance attendants
who took her to the hospital. Dr. A. B.
Gregory saw her in the emergency room
around 12:30 P.M. on April 5, 1978, and
found her semicomatose. Her left cheek
bone and jaw bone were shattered; ‘She had
brain damage from multiple contusions and
lacerations. According to Dr. Gregory, Mrs.
Peters could not communicate rationally.
She died the following day of the injuries.
Dr. Frank Chin, who performed the autop-
sy, attributed her death to massive cerebral
hemorrhage and swelling, secondary to ex-
ternal head injuries.

Timothy Baldwin and Marilyn Hampton
were subsequently located in El Dorado,
Arkansas. Timothy Baldwin signed con-
sents for the search of their motel room and
the van. Two blue bank bags, one empty
and one containing savings bonds and cer-
tificates of deposit payable to Mary James
were found in the van! Jones, to whom
Marilyn Hampton and Timothy Baldwin
had made inculpatory statements both be-
fore and after the crime, helped police offi-
cers locate a safe which had belonged to the
victim in the LaFourche Canal in West
Monroe. Baldwin’s finger and palm prints
were found on various items in the Peters
home: a cigarette lighter, a television set

and a coffee cup.

FACTS

Timothy Baldwin, his wife Rita, and their
seven children were neighbors of Mary
James Peters in West Monroe, Louisiana,
from 1971 until 1977. She was godmother
to their youngest son, Russell. During the
latter part of their stay in West Monroe,
William Odell Jones also resided with the
Baldwins. The group went to Bossier City
for six months and then moved to Ohio.
The oldest daughter Michelle, remained in
West Monroe with one brother. A second
son entered the service. Marilyn Hampton
and her three daughters stayed with the
Baldwins in Ohio. Marilyn, Timothy Bald-
win and her children then left, accompanied
by Jones. Baldwin and Jones worked to-
gether in the business of installing alumi-
num siding. After the departure of her
husband Rita Baldwin got in financial diffi-
culties and was picked up on bad check
charges. Her four younger children went
to live with Michelle in West Monroe.
Meanwhile, Timothy Baldwin, Jones, Mari-
lyn Hampton and her three children led an

itinerant existence. Their last means of

transportation was a 1978 black Ford van,

rented in Tampa, Florida. On April 4, 1978,

Marilyn Hampton and Timothy Baldwin

drove the van to West Monroe. Jones and

the children stayed at a cabin in Holmes

State Park, near Jackson, Mississippi.

Baldwin and Marilyn Hampton visited Mic-

helle’s apartment in West Monroe but left

there around 8:00 P.M. Shortly afterward,

a van was seen parked in front of Mrs.

Peters’ house. A man and woman were

observed leaving the residence between

10:00 and 11:00 P.M. Shortly before their

departure, passerbys saw and heard indica-

tions that someone in the Peters home was
being beaten. Baldwin testified in his own

ASSIGNMENT OF ERROR
NUMBER ONE

{1] Defendant contends that the trial

change of venue. The evidence at the hear-
ing on the motion was that the newspaper

1. Mary James was the victim’s name prior to
her last marriage.

court erred in denying his motion for a

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re-examination of witnesses was then read to the accused, who
said that it was not with a firebrand that he struck his wife but
with a stave from a pail, and that he did not believe he had hurt
her much, and that all else that Millet had said was true. He
declared that he did not know how to write. Signed: Lafre-
niere; Millet; Henry, Greffier.

Antoine Flatague was then confronted
with the accused. After oath, they both
said that they knew each other. Flatague
affirmed his testimony, and the accused
said that it was true that he was in his cabin and that he gave
him tobacco, but that it was not true that his wife complained of
him, and that he did not strike her with a firebrand~but with a
stave of a pail; that he was on the piece of drift wood when
pursued, but that it was not true that he dared and upbraided
the Commander; that he has told untruths, whilst Flatague
maintained his testimony, and declared that word for word it
was the truth. Each persisted in what he advanced, and both
declared that they did not know how to sign. Signed: Lafre-
niere; Henry, Greff.

Confrontation of
Flatague with Baraca.

Joseph Loursot, third witness, was the
next confronted with the accused. They
said they knew each other. Loursot per-
sisted in his testimony, saying that it was
the truth, and the accused maintained that he did not strike his
wife with a firebrand (‘‘tison’’), but with a stave from a pail,
and also that he had no quarrel with his wife and that it is false
that he was jealous; that he escaped on drifting wood, but that
he did not insult and dare the Commander. Each persisted in
his testimony, and both declared that they did not know how to
write. Signed: Lafreniere; Henry, Greff.

Order to communicate to the Procureur General of the King,
Signed: Lafreniere.

Confrontation of
Loursot with Baraca.

May 3, 1748. Charge of the Procureur
General, plaintiff and accuser, against
Irancois, called Baraca, slave of His Ma-
jesty, defendant and accused: Seen by us
the complaint entered against the accused
on date of February 9, 1748; the proces
verbal of examination of corpse of the wife
of the accused, by Surgeon Gueydon, in the presence of M.
D’Auberville, on date of the said day; the inquiry on the 10th
of the said month; the decree of bodily arrest rendered on our
conclusions on date of March 9th; the interrogation of the ac-
cused made by M. Lafreniere, Councillor Commissioner on this
case, on the 15th of the said month; the judgment rendered on
our conclusions, ordering that witnesses heard in their testimony

No. 1157. 144 pp.

Summary of case
against Baraca, with
penalty recommended.

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Records of the Superior Couneil of Louisiana A477

bm the inquiry be re-examined in their depositions, and even con-
- Fronted with the accused. on date of April 22nd; re-examination
: Witnesses: in their testimony, on date of April 25th; confronta-
Ben of suid Witnesses With said Baraca, the accused, on date of
the said day, The whole seen and considered and examined, J
require, for the King, that the said Baraca,
mention of Baraca accused, be duly charged and convicted of
Set prealty recommended, having beaten his wife to death with a Die
let, in reparation of which let him be con-
emned to be hung and Strangled unti] death ensue, on a scaffold
Which for that Purpose shall be erected in the public square of
tis City of Ney Orleans, and order that hig corpse remain there-
om CWenty-four hours, to serve as an example, and afterwards be
— beurht to the gibbet, and that before his execution he be ap-
- #atsed by two residents whom it shall please the Council to
*Ppoint. Civen at New Orleans, May third, one thousand seven
wendred and forty-eight. Signed: Raguet,

May 4, 1748. Session of the Council of
May 4, 1748, where were present MM. de
Bithemastion of Vaudreuil, Governor ; D’Auberville, Com-
fe ceeevieved by Missloner of the Vtarine, Ordonnateur (In-
Ss tendant vince, and First Coun-
cillor Superior Council; de Noyan,
Lieutenant of the King; de Membréde,
Heir; de dy Freniere, Couneillor; Le Bretton, Delalande, and
J Kernion, Councillors assessors. On petition of the Procureur
General, plaintiff and accuser, against one Baraca, negro slave
‘the King, defendant and accused, of having beaten to death
a0 Taca, his wife, also a Slave of the King. Seen bv the Council
‘Me petition presented by M. Raguet, acting: as Procureur Gen-
i@tal, and his enforced order of last February 9th; the proces
Y¥erbal of the inquest on the hody of the negress, with the proces
Werdal of examination made by Surgeon Gueydon of Same date;
‘a inquiry; decree of bodily arrest of March 9th; the interroga-
a) undergone by said Baraca on April 15th; re-examination of
Wnesses on the 25th of Same month, and confrontation on the
| MMmeday. The whole considered, together with the conclusions
-® the Procurour General of the King, the Council has declared
"he said Baraca, named Francois, duly charged and convicted of
+7 NaVing beaten his wife to death with a billet of wood, in amends
>; ¥¢ which he is condemned to be hung and strangled, unti] death
VF Pallows, by the Executor of High Justice, on a scaffold which for
tat purpose shall be erected on the Publie Square of this City,
42 “Bere his dead body shall remain exposed during twenty-four
44 Mar, to serve as an example, and then “inhumed”’. Given in
we Council Chamber on the fourth of May, one thousand seven
emilred and forty-eight,

Signed: Vaudreuil; Membrede; Noyvan: Le Bretton: Dela-

eo eede; Huchet de Kernion; Lafreniere ; 1’ Auberville.

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Records of the Superior Couneil of Louisiana 475

2 pp. April 22, 1748. Before the Councillors

© . YO] y if] > , on
We 6 ixandintn sie aforesaid, on petition of the Procureur Gen
#4 confrontation of eral, plaintiff and accuser, against one Ba-
*itmesnes heard 2 s ‘ vs x ria
*einet Baraca raca, slave of the King, at present a pris-

oner, defendant and accused: Considering
the complaint of M. Raguet, acting as Pro-
cureur General on date of March 9th; the
Proces verbal drawn. up by Surgeon Gueydon on the corpse of
ene Taca, wife of the accused Baraca, in the presence of M.
D'Auberville, of the Procureur General, following the order of
. Le Normant, Commissioner of the Marine and First Council-
bor; the inquiry made against said Baraca, on date of February
#h; the decree of bodily apprehension on March 9th; imprison-
ment of accused entered on Registers on the 14th instant; his
snterroyation on the 15th instant, together with the conclusions
ef Sr, Raguet, in his officia] Capacity; the whole considered, the
euncil has ordered that the witnesses heard in the inquiry be
examined and confronted.

Signed: Noyan; Lafreniere; huchet de Kernion; Le Bret-
ton: Delalande; D’ Auberville.

No. 1156. Re-examination of René Antoine Millet,
Rp-cramination of Overseer of the King’s Plantation, and of
wren arainst Antoine Flatague and Joseph “L’Ourset’’,
Rwrece

slaves of the King.
Testimony of René Antoine Millet was read

ss to him, and he affirmed that it was the
©. teeth, and signed, Signed: Millet; Lafreniere; Henry, Greffier,

Antoine Flatague, after having heard his testimony read,

Maintained it, saying that he had nothing to add thereto nor to
@minish, and declared that he did not know how to write.
Signed: Lafreniere; Henry, Greffier,

Joseph “La Oursot’”’ also maintained that his testimony was

Me truth and that he had nothing to add thereto nor to diminish,

@d declared that he did not know how to write. Signed: La-
nlere; Henry, Greffier,

Order to communicate to the Procureur General of the
Se. Signed: Lafreniere.

Me 1155, April 25, 1748. Was brought before us
| ae “4 by the Jailer of the prisons, the accused
if heard Francois Baraca, a slave of the King, with

| ~ygdpgaleai whom wags confronted René Antoine Millet,
overseer of the Plantation, first witness in
the inquiry, Both said that they knew each
é other well, and the Greffier having read
arcs! to them their testimony, Millet said that it
was the truth, and Baraca said that he had

no reproaches to make, The deposition and

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The Louisiana Historical Quarterly

May 4, 1748. Criminal Session of the
No. 1159. 314 pp. Council, on May 4, 1748, where were pres-
lahcecmuntion’ at ent MM. de Vaudreuil, Governor; D’ Auber-
Baraca before the ville, Commissioner and Ordonnateur, and
pera Soe First Councillor; de Noyan, Lieutenant of
the King; de Membrede, Major; de la Fre-
niere, Councillor; Le Bretton, Delalande,
and de Kernion, Councillors Assessors. Considering the extra-
ordinary suit instituted on petition of the Procureur General of
the King, plaintiff andyaccuser, against Baraca, slave of the
King, defendant and accused, the Council has ordered that said
Baraca be brought from the prison and interrogated on the wit-
ness stand, This done, the said Baraca took an oath to speak
the truth. Interrogated on his name, his age, his trade, etc., and
if he knew the negress Taca. Asked if he struck her with a
billet, he answered that it was a stave from a pail; asked why
he struck her, he answered that when he asked his wife for food,
she grumbled, that he was smoking and lit his pipe where his
wife was, and that he struck her with a stave; asked if he went
to bed, he said that he went up towards Mr. Barbin’s plantation,
and meeting an Indian he asked him to cross him on the other
side of the river, and that having crossed it he remained there
until he was arrested and imprisoned. Interrogated why he had
viven his wife a blow that had killed her, he answered that he was
disputing with his wife who was near the door, that she went in
near the fire with a stick between her legs and he thought that
she raised it on him, which obliged him to strike her with the
stave, she fell and seeing a great misfortune. . . . He said that
this is the truth and that he does not know how to write. The
said negro was sent back to prison.

Signed: Noyan; Le Bretton; Lafreniere; huchet de Ker-
I nion; Delalande; D’Auberville.

February 11. On Petition of Francois Chaler on January
No. 1148. 5 pp. 27th, as tutor of minor heirs of deceased
Louis Assailly, called Tranchemontagne,
of movables after and Theresa Bret, deceased several years

Proces verbal of sale

decease of Sr. Bary.

ago, sale of their goods was made in the
presence of M. Raguet, acting as Procureur General. The inventory,
made after Pierre Bary’s death, is dated November 18, 1745.
Sale of goods enumerated follows, which amounted to 268 livres.

Signed: Chaler; Raguet; Lenormand.

31107. 4487. 4 pp. February 17, 1748. Inventory made on
petition of Catherine Baril, widow of Jean
Arlus, master builder of ships. Signed:
Lacale; F. Gaspar Cap. Miss. curé; Tix-
erant; Mark X of Widow Cerlui; Baldit.

Certified by Tixerant, on this day. Signed: Chantalou;
Henry, notary.

Inventory.

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COURT CLEARS WAY
FOR AN EXECUTION

U.S. Justices Refuse to Block
Louisiana Man’s Sentence -
in Blind Woman’s Death

ANGOLA, La., Sept. 9 (UPI) — A

divided United States Supreme Court.

refused today to stop the execution of
Timothy Baldwin, who was scheduled
to die shortly after midnight for beat-
ing an 85-year-old blind woman to
death..

Justice Byron White referred the re-
quest for a stay of execution to the full
court, which ruled a little more than
seven hours before the 46-year-old for-
mer Cub Scout leader and father of
seven was to be strapped into Louisi-.
ana’s electric chair.

Justices William J. Brennan Jr. and
Thurgood Marshall dissented from the
ruling, but there was no further com-
ment from the Court, a spokesman in
Washington said.

24th Execution Since 1976

The electrocution, set for shortly
after 1:01 A.M., Eastern daylight time,
Monday, would be the nation’s 24th ex-
ecution since the death penalty was
reinstated by the Supreme Court in 1976
and would make Louisiana the second
most active state in carrying out death
sentences.

Florida, which executed a convicted
killer Friday, has imposed the death |
penalty eight times. Louisiana and
Texas have each executed three men
since 1976.

Mr. Baldwin was convicted of killing
Mary James Peters, the godmother of

“Se

ies aia

; Associated Press
Timothy Baldwin going toa ‘hearing last month at prison in Anglola, La.

Monroe, La. She was beaten to death
with a skillet, a telephone and a stool.
Securities belonging to the victim
were found in Mr. Baldwin’s van, and a
traveling companion testified that Mr.
Baldwin had told him of the crime.
The dead woman was found by a

Se Meals-on-Wheels worker 12 hours atter

the April 4, 1978, attack.

Federal Courts Act
The elderly woman, semicomatose

*, with a fractured cheek bone and shat-
. tered jawbone, died in a hospital the
,, next day. An autopsy listed brain
« hemorrhages as the cause of death.

Within four hours Friday, two lower
Federal courts refused to block Mr.
ae: shah 8 Ss execution.

The effort was "coinebi by judge
Nauman Scott of Federal District
Court in Alexandria and by the United
States Court of Appeals for the Fifth
Circuit in New Orleans. His lawyer
filed an application for a stay late Fri-
day in Washington with Justice White.

Gov. Edwin Edwards had already
refused to intervene. He has expressed
opposition to the death penalty and
made his decision after a visit to Mr.
Baldwin on Death Row and one to a
woman charged as his accomplice,
who is in a state prison for women.

Helen Ginger Roberts of Alexandria,
Mr. Baldwin’s lawyer, asserted in the
request for a stay that a plea-bargain-

ing system used in Ouachita Parish |

was unfair to Mr. Baldwin.

Orr

(Louisiana)

BALDWIN, Timothy

XXEXXX "BATON ROUGE...Gov. Edwards visited condemmedkiller Timothy Baldwin
who faces execution Septii 10. Edwards had no comment afterwards." USA
TODAY, Aug. 29, 1984 (4a)

"BATON ROUGE « EXECUTION HALT DECISION DUE TODAY¢ Gov. Edwards will announce if he'll stop
the Sept. 10 execution of Timothy Baldwin, Edwards met this week with Baldwin and Marilyn
Hampton, who's serving life as an accomplice in the 1978 killing of Mary James Peterse.e"
USA TODAY, Auge 30, 198) (1A-6&7)

"BATON ROUGE - KILLER'S DATE WITH IBATH STANDS: Saying he ‘bent over backwards! to be fair
Gov. Egwards decided not to block Timohhy Baldwin's Sept. 10 execution, Edwards visited
Baldwin in prison this weeke.e" USA TODAY, Auge 31, 198) (lA=7.)

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WEES aE So SF ANGOLA, La. (AP) — Timothy
= SLES depos ees: Baldwin, convicted of using a television

-.Set to bludgeon an 85-year-old blind eoarte te

Pe ~ Exaltar boy seni aa
- =~ leaves bitter statement ~~

-son, in an April 1978 robbery in West _

” Prosecutors said he went into a rage :
and attacked her with an iron skillet, a

‘woman to death, bitterly proclaimed
* that the state of Louisiana was miur-

eee npeneeres,. Ula nies : telephone, a stool and a television set
goo o.*- dering an innocent man before when she refused to tell him where her
* Paton ery i executed today mn the electric chair. . money was hidden ; , id
Ob aers ans _ In a defiant, sarcastic statement “Baldwin went through a succession
: Ai ? nee Made public after he was pronounced -of lawyers as he took his case through yuhs
, “a. . dead at 12:13 am., Baldwin congratu- ~ eight appeals and eight execution dates © Sos
. *». ° lated “all those who have tried so hard ~:

-in six years. The U.S. Supreme Court

_ ; to murder me. I definitely have to give
4 takes a very special
murder an innocent ©
‘Still be able to live with them-

. A former altar boy whose arms were

1976.

Sunday rejected his last attempt 7-2. 3.
He was the fourth person executed in

Louisiana and the 24th executed in the a's Pane |

- United States since the US. Supreme ~ St'appéd into the chair. ¢
Court reinstituted the death penalty in

Baldwin, who ate a last meal of two”

d 500, 2,000, and 500 volts.

foot hall to the execution chamber, and

A nod from Louisiana State Prison
-.Warden Frank Blackburn and the first
~ charge of 2,000 volts surged through
. bacon and tomato sandwiches and Baldwin's body, followed by char Bes of
| peck fries, was led out of his cell pre- -
. Cisely at midnight, escorted down a 50-

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MFromPage1A o~ . |
i Baldwin’s mother, Barbara Baldwin,
i said he was an altar boy in Willowick,
Ohio, where he was born. He said he
--}. was 46. His mother, however, said he
[ee was 42. aa Ar epee
{- 1." Members of the victim’s family said
+. they had waited for the execution.
_ “Pm not pleased with anything. I just
feel justice has finally been done, or is
|. going to be done, but it took an awful
fei lot of doing all around on a lot of peo-
ple’s part,” said Frank Turk, one of
Rae Mrs. Peters’ sons. xe ae,
As the execution was carried out, a
sux. Group of protesters held a “vigil for
“. jife” outside the prison gates after an

ernor’s mansion in Baton Rouge.

Two demonstrators in favor of the
death penalty were at the prison — the
step-parents of a teenaged girl whose

Death Row. °° ot

p Sa.

Rog Sy eg tae

- earlier demonstration outside the gov-

killer, Robert Lee Willie, also is on

Baldwin freely admitted to a life of
crime during which he stole cars, com- |

Mon.,

mitted burglary, escaped from prison,
and wrote up to $120,000 in bad checks
a year. ats

But he said he was never violent.

Baldwin and Marilyn Hampton, who }”
is serving a life sentence for first-.

degree murder in the slaying of Mrs.
Peters, visited the woman on April 4,
police said. Mrs. Peters was found the
next day by a Meals on Wheels volun-
teer and died a day later. ©© >

". Two bank bags belonging to the vic-

tim were found in Baldwin’s van when

police arrested him in El] Dorado, Ark.,

and police said his fingerprints were in
her ransacked home. a

~~ Appeals courts rejected arguments
that Baldwin’s rights were violated

** because a prosecutor offered to let him

plead guilty to second-degree murder,
which does not.carry a death penalty.
Baldwin rejected the offer, and his law-

-yers had argued that the prosecutor’s

offer was a form of coercion. %
‘Baldwin claimed police planted the

bank bags in his van. i
Be oars fee wb ‘abet X= von. 6
weed Y S mp

Sept. 10, 1984

the lap of District Court Judge John

Joyce, who set an eighth execution date
of September 10, 1984.

Baldwin’s last hope was to appeal di-

rectly to Gov. Edwards. Edwards at first

said he wouldn’t talk to Baldwin, but

then changed his mind. But the governor
said from the start he would only consid-
er commuting the sentence to life if new
evidence was presented to him to con-
vince him that perhaps Baldwin was in-
nocent or his rights were violated.

On Tuesday, August 28th, Gov. Ed-
wards flew by helicopter to the state
penitentiary at Angola and talked for
nearly an hour with the condemned kil-

. ler.

‘‘The man is scheduled to die within a
few days and when things are that serious

I think everything should be done that °

needs to be done,’’ Gov. Edwards ex-
plained.

**It’s very difficult to tell a man who is
about to die you will not talk to him.’’

After visiting with Baldwin, Edwards
then talked to Marilyn Hampton at the
women’s prison at St. Gabriel. On Au-
gust 30th, Gov. Edwards announced that
he would not interfere with the scheduled
execution of Baldwin. Although he
would not reveal the contents of either

jailhouse conversation, apparently Gov.

Edwards was not convinced that Bald-
win was wrongly convicted.

Timothy Baldwin was given every
possible consideration, more than he
gave his victim, Mary J. Peters.

On the evening of Sxptember 9th,
Baldwin’s last meal, as requested, con-
sisted of two bacon and tomato sand-
wiches, an order of French fries, and a
Coca Cola.

After that, his head and left i were
shaved. He spent the evening with a spir-
itual counselor about 50 feet away from
Old Smokey, which was obscured from
his view by a wall. Baldwin visited with
friends and relatives while about 30 de-
monstrators against the death penalty
walked outside the gates of the prison.

A lone couple, whose daughter had
been brutally raped and murdered by an-
other death row inmate, carried a sign
that read: “‘Justice is Slow. Rest in
Peace, Mary Peters.’’ They were there to
support the state’s decision in executing
Baldwin.

Shortly after midnight, Timothy Bald-
win made the walk to Old Smokey. He
professed his innocence to the very end.

‘I do have to tell society I am dis-
gusted with them,’’ he said in a final
statement from the electric chair. ‘‘ You
know I am innocent. Why can’t society

admit something like this? I know it hurts _

politically.

**Y’all are the ones who are going to
live with yourselves.

‘Where I’m going, I’m going to have
to atone for what I did during my life,
and I’ve pulled some escapades. Y’all
are going to have to go.there, too.”’

Timothy George Baldwin, then 47, 3

was administered four jolts of
electricity—first 2,000 volts, then 500,
then 2,000 and then another 500 volts.

Witnessing the electrocution were
three reporters, then pardon board chair-
man, two governor’s aides, the warden
and guards.

To this day, there are still people who

. believe Timothy Baldwin was innocent.

But the police who investigated the brut-
al murder, the prosecutors who prepared
and argued the case, and the many judges
who reviewed it all know that Baldwin
and Marilyn Hampton were the murder-
ers.

But he went out as he had lived—a con
man.

John Harrison, the prosecutor in the
Baldwin and Hampton cases, is now a
judge. Det. LaBorde, one of several de-
tectives who worked the case from its
start, is now police chief in West Mon-
roe, La.

RUTHLESS ROMEO) CONTINUED FROM PAGE 33

swered the call. Seconds later, a throaty
male voice came on the bedside phone,
growling: ‘‘Yes! Who is it? What the hell
do you want?’’

Calmly and without emotion, the
sergeant outlined the events of the past
half hour.

‘“‘OK,’’ snapped the inspector, sud-
denly awake, all geared up and thinking
clearer by the second. The sleepy dust
was wiped much quicker from his brain
than from his stinging, bloodshot eyes.
““Tll go straight to the house. Get DS
(Detective Sergeant) Lou Mates out of
bed. Wake up one of our doctors. Foren-
sics will have to be alerted at county
headquarters. There should be a’ night
duty officer in forensics. If not, rouse
someone at home. I’ll need photograph-
ers, the fingerprint boys...and the coron-
er’s office must be informed.”’

In just a matter of seconds, Pope had
the show on the road. Throwing: on the
clothes he’d worn the previous day, he
hurried from his home, leaving his wife
snoring.

When Inspector Pope arrived at the
scene of the crime, he found Ernest Bird

rocking to and fro in an armchair, moan-
ing and groaning, almost chanting to
himself.

“*Can’t do anything with ag ”” de-
clared one of the officers. ‘‘Shocked out
of his skull. He’s taking it very badly. I
think he needs a doctor, but I thought I’d
better wait until you got here.’’

Pope nodded, then asked: ‘‘Identity of
the victims?’’

‘‘Bird’s wife and son. The three of
them lived in the house together.’’

One of the first things Pope noticed
was the fact that both victims were fully
dressed.

‘‘What time was the call made to the
station?’’ he inquired.

**Just after 5:00 a.m.,’’ came the an-
swer from the officer who’d been doing
all the talking so far.

‘That means they were killed last
night, before they went to bed. If they
had disturbed a robber during the night,
they would be in their nightclothes. This
fact should help the doctor in pinpointing
a fairly accurate time of death.’’

The uniformed officers surrounding
Ernest Bird were clearly impressed with

the mental agility of their leader:

During the next hour, car after car
pulled up outside the Birds’ residence,
like people arriving in twos and threes
for a party. Neighbors’ lights had been
popping on for some time now, and a
little gathering had formed around the
outside of the house. No ghoul can sleep
when there’s murder in the air, whether
they be in Sydenham or San Francisco.

One of the constables had been de-
tailed to the kitchen to keep the black
coffee flowing. Human fragility was
being ruthlessly exposed.

The preliminary medical examination
was conducted by Dr. Adrian Clemin-
son, who was attending his first homi-
cide case. Until that fateful morning, his
work for the cops had been confined to
examining suspect drunk or drugged
drivers or prisoners in the police station
cells who were complaining of feeling
ill.

A competent, middle-aged physician,
Cleminson worked swiftly and calmly,
starting with Paul Bird. Pope and Mates
stood behind Cleminson as the doctor
knelt beside the body. Mates made notes
as the physician talked the detectives
through his brief findings.

‘‘Definitely a shotgun wound,’” Dr.

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‘This isn’t the worst way to die’

‘Convicted killer Timothy Baldwin puffs a cigarette during interview last week. :
STAFF PHOTO BY KATHY ANDERSON :

Killer claims innocence

from Death House door.

By JASON DePARLE
Staff writer

ANGOLA, La. Several
dozen yards from his Death Row
cell and several days from his
scheduled execution, Tim Bald-
win sat in a prison visiting booth
and fumbled with the filterless
cigarette in his shackled hands.

He pinched it between two nic-
otine-stained fingers, and held it
over the flame of his disposable’
lighter. Bending down to his
leashed wrists, he sucked until
the tip glowed.

Then he exhaled — smiling —
and lamantad hie hahit

“I’ve been trying to get off this
tobacco kick,” he insisted. ‘‘I
know it’s bad for my health.”

Baldwin, scheduled to die
shortly after midnight Sunday for
the 1978 beating death of an eld-
erly West Monroe woman, faced
the promise of death calmly last
week, declaring confidence that
his claim of innocence will some-
how be heeded.

“Anything can happen between
now and Sunday night,” he said.
“T’ll still feel that way five
minutes to midnight. I guess
because I know the facts of the
case I can’t believe they'll actually
eo through with it.”

“I’m not asking for clemency,”
he said. “I’m asking for an inves-\
tigation. The evidence (of inno-!
cence) is there.” a

Baldwin is the only one of Lou;
isiana’s remaining 31 Death Row’
inmates who claims complete,
innocence of the crime for ee”
he was condemned.

After six years of unsuccessful
court appeals, Baldwin appears to:
have exhausted his judicial}
recourse. The istate Pardon:
Board, which heard his case Aug. ,
7, refused to recommend execu-'
tive clemency. Gov. Edwin W.,

See BALDWIN, A-4&

persons’ homes, but were labeled with
big letters so that Mary could tell what
they went to.

Det. LaBorde questioned the relative
about the keys, and when he came to one
labeled Baldwin, he asked the relative
who that happened to be.

‘They used to live around there, but

moved away some time ago,”’ the rela-
tive explained. ‘‘Mary used to keep an
extra key to their house for them.’’

“She got along with most everybody
in the neighborhood?’’ Det. LaBorde
continued his questioning.

“She got along with everybody, es-
pecially after the Baldwins left. For the
most part, she even like them.”’

Det. LaBorde thought that was a
curious statement, and continued prob-
ing. ‘‘You say for the most part. Was
there somebody in the family she didn’t
get along with?”’

“Well, she got along with him, but
she was kind of afraid of him, because I
guess she knew he’d been in trouble with
the law. His name was Timothy Bald-
win. He was the dad. Mary liked his wife
and their kids. She was godmother to the
youngest, but she was a little leery of
Timothy. Didn’t quite trust him.”’

Det. LaBorde knew that if she didn’t
trust Baldwin, it was unlikely that she
would have willingly let him into the
house. But on the other hand, the de-
tectives wanted every possible lead

checked out, so he jotted the name of ©

Timothy Baldwin down in his notebook
with the intention of looking into the
man’s background more thoroughly.

After processing the crime scene, the
sleuths’ next step was to canvass the
neighborhood to determine if anybody
had seen anything suspicious and also to
look for possible suspects, since the kill-
ers had to be somebody Mary knew.

‘*We know at least one of the killers
was a man,’” Det. LaBorde said to his
fellow officers. ‘‘The 19-inch color
television, even though it was a portable,
was just too heavy for a woman to lift and
smash on Mary’s head. So keep that in
mind when you're out there.”’

Detectives questioned everyone in the
neighborhood and learned that a couple
had been walking down the alley in back
of Mary’s house and witnessed the
bludgeoning, although they didn’t real-
ize it at the time.

**We were just walking to the store in
the evening and I just happened to glance
through the window to the house,’’ the
witness told detectives when questioned
about the matter. ‘‘It just looked to us
like there was some kind of family argu-
ment going on. Somebody was in there

holding something over his head.”’

‘“‘We didn’t know that an old lady
lived there,’’ the second person said. ‘‘If
we had known, then maybe we would
have realized something was wrong. But
we just didn’t think it was any of our
business.”’

**Can you describe the person you saw
through the kitchen window?”’

The couple gave it some thought and
the man said, ‘‘The guy was kind of
chunky, broad shouldered. He was white
and had long, blond hair and wore a
striped T-shirt.”’

“I remember when we were coming
home, we saw two of them come out of
the house and get into a van,’’ the female
witness related. ‘‘It was parked right
over there, under those trees.”’

“‘That’s right,’’ the husband chimed
in. ‘‘I remember now. It was a brown,
Dodge van. I didn’t get the license num-
ber. Sorry.”’

The statements of the witnesses veri-
fied what detectives had already sur-
mised from evidence found on the kitch-
en table—that there were two assailants.

At police headquarters, detectives did
some checking and discovered that
Timothy George Baldwin, 40, who used
to live in Mary’s neighborhood, was

‘wanted by federal authorities.

‘*He’s acon man and one of the best,”’
Det. LaBorde told fellow officers. ‘*He
used to have a family here in West Mon-
roe before he abandoned them. Let’s find
out where they are.’’

’ As that was being done, the FBI sent
Det. LaBorde a set of Timothy Bald-

win’s fingerprints. The prints were.

turned over to laboratory experts who

had good news for the investigators.
‘‘Timothy Baldwin’s prints definitely

were on the television set that was used

~ to smash Peters’ head,’’ the fingerprint

expert told Det. LaBorde. ‘‘But there are
still other prints on the other murder
weapons that don’t belong to Baldwin.’’

That made sense to probers, since
there had been two persons in Mary’s
home with her. It meant that both sus-
pects had participated in the actual
bludgeoning.

Detectives began the process of tra-
cing the whereabouts of Baldwin’s ex-
wife, his natural children, his stepchil-
dren, relatives and friends. They wanted
to get a lead on him, and figured the best
way to do it was through those who were
closest to him.

It was a slow process, but detectives
determined that a 21-year-old relative
still lived in the community of West
Monroe. The detectives located the rela-
tive, who claimed that Timothy Baldwin

hadn’t been in touch for more than two ~

years. The relative had no idea where
Baldwin might be found. It was a neem
end lead.

But detectives continued their aa
and Det. Larry Colbird was the one to
crack the case wide open when he
learned from one of Baldwin’s friends

that the relative had been lying to police. :

*“Baldwin was in town just recently
and he saw his relation,’’ the witness told
Det. Colbird. ‘tHe was traveling with

some woman when I saw him, and it °

’

wasn’t his former wife,’’ the witness
said.

“‘Do you know who this new woman
was? Did she drop a name?’’ Det. Col-
bird asked the witness.

‘I didn’t get the last name, “but I
remember Baldwin called her Marilyn.”’

Det. Colbird got a detailed description
of Marilyn from the witness and contin-
ued an intense investigation in an effort
to identify her.

That investigation revealed that on
April 5th, the day after the grisly murder,
a woman named Marilyn had been
caught shoplifting at a local department
store. While fleeing the store with the
goods, she tripped and broke her leg.

This put the store management in an
awkward position. A security guard had
been in pursuit of Marilyn at the time,
and although he had nothing to do with
her fall, management could visualize a
gigantic lawsuit, and juries are notorious
for giving awards to persons hurt on
company property. Juries have a tenden-
cy to be sympathetic with the individual

“and prejudiced against corporations.

So the store management spoke with
Marilyn, and they struck up a bargain.
Management would not prosecute for
shoplifting if she would sign a hold
harmless release in connection with her
fall.

Marilyn readily agreed. Store man-
agement was relieved. So was Marilyn,
for she realized that to be picked up ona
petty shoplifting charge could lead to an
investigation into her past, and a possible
connection to the murder of Mary James
Peters.

The store managers had no idea that
Marilyn had something far more sinister
to hide than just a shoplifting charge.

When Det. Colbird learned that a
woman named Marilyn had so readily
signed the hold harmless release at the
department store, he became suspicious
and asked to see the release form, which
store management provided.

He learned that the individual in-
volved was named Marilyn Hampton,
born Sept. 9, 1942, which would have

made her 35 years old...

Det. Colbird figured that, since she
broke her leg, she would require treat-
ment in a hospital. He checked, and
learned that on April 5th, a woman
named Marilyn Hampton had checked
into the hospital’s emergency room for
treatment of a broken leg.

Colbird spoke with the hospital staff
and was told by a nurse that, while
Marilyn was waiting in the emergency
room, she smoked one cigarette after an-
other without hardly bothering to pause
for breath.

‘*Did you notice what brand she
smoked?’’ Det. Colbird asked.

‘*Pall Mall,’’ the nurse answered. *‘I
saw the package. Few women smoke
that brand.”’

Colbird returned to headquarters, and
detectives reviewed the information
they'd gathered thus far.

‘‘We know that Baldwin’s finger-
prints were found on the television, and.
he had to be one of the killers,’’ Det.
LaBorde said. ‘‘We know there were
two killers, and they smoked Pall Mall
and drove a brown Dodge van.”’

‘*Marilyn Hampton smokes Pall
Mall,’’ Det. Colbird picked up the nar-
rative. ‘‘We’ve got a witness who says
she was with Baldwin, and furthermore
that Baldwin’s relative is lying.’

‘*The only thing that doesn’t fit,’’ an-
other detective interjected, ‘‘is the wit-
nesses who saw the bludgeoning from
the alley. They described the man as
husky, white male with long, blond hair.
That’s not Baldwin.””

‘‘True,’’ said Det. Colbird. ‘*But that
description does fit Marilyn Hampton.
Remember, the witness saw the person
from behind. Because the person was
chunky, the witness probably assumed it
was a male. But Marilyn has long, blond
hair.”’

‘‘The next step,’’ Det. LaBorde sug-
gested, ‘‘is to visit Baldwin’s relative
again. Maybe this time we'll get some
straight answers.’’

The detectives explained the situation
rather clearly to the relative. ‘We know
you lied to us. Now, you have a choice.
You can eitehr continue to help Baldwin,
or you can help us and avoid a charge of
obstructing justice.”

It didn’t take long for the relative to
realize that she was getting in over her
head. She admitted that Timothy Bald-
win had been in town on April 4th, and,
prior to the Peters murder, had said he
was going to visit her.

‘‘When I read about the murder in the

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thing that would gethima eae with Old
Smokey,’’ she said.

Old Smokey was Baldwin’ s reference
to the electric chair at the Louisiana State
Penitentiary at Angola.

The relative admitted that Baldwin

had been contacting her by telephone’

since the murder. She agreed to let de-
tectives tap her telephone.

Det. LaBorde had a, nationwide all-
points-bulletin out on Timothy Baldwin,
and every policeman in the south was on
the alert. There was the possibility Bald-
win had fled to another section of the
country, but his behavior after the mur-
der, i.e. the telephone calls to his rela-
tive, indicated that he might be some-
where in the South.

Just as Det. LaBorde had suspected,
Baldwin called his relative again. During
the course of the conversation, the rela-
tive asked Baldwin why he had killed
Mary Peters and stolen her money.

“To help you,”’ he said. ‘*I did it fast
so she wouldn’t suffer.’’

**But she did suffer,’’ the relative per-
sisted. The conversation went on for
quite some time as they talked about var-
ious things. Detectives were able to trace
the telephone call to a phone booth in El
Dorado, Arkansas, approximately 70
miles north of West Monroe, La.

Police in El Dorado were notified.
Town, county and state police were put
on the alert. On-April 6, 1978, Timothy

George Baldwin was captured in an El -

Dorado restaurant by Arkansas State
Police without putting up a fight.

At the time, he ‘was driving a black
Plymouth van, identical to a Dodge. The
witnesses who had seen the van at the
Peters house insisted it was brown, Det.
LaBorde traced the discrepancy. He de-
termined that after Baldwin had parked
his van in Mary Peters’ driveway, pollen
from trees had covered the van with a
light dusting, and this made it look
brown. ,

After his capture, Timothy Baldwin
told detectives that his girlfriend,
Marilyn Hampton, could be found in an
El Dorado motel. She was subsequently
captured without incident.

Police detectives recovered approx-
imately $27,000 in securities from Bald-
win’s van. Also found was a striped T-
shirt that was covered with blood which
matched that of the victim, Mary Peters.

But there was no sign of the strong-
box, or Mary’s coin collection. So Det.
LaBorde and others still had a consider-
able amount of work ahead. Even if they
had stopped their investigation at that
point, detectives still had a pretty good
case built against Timothy Baldwin and

Marilyn ‘Hampton. But considering it
would take six years for justice to be
carried out, it was a good thing that the
detectives continued their probe. They

‘ wanted to find out what had happened to

the coin collection and the strongbox.
Detectives learned that Timothy Bald-
win and Marilyn Hampton had been
traveling with a third con man who was
not involved in the murder. The con man
presently was in Mississippi. Detectives
paid him a visit, and he readily admitted
that Marilyn Hampton had confided
some things.to him. He gave detectives
the name of a banker and a bank teller
who had purchased the coin collection
from Baldwin and Hampton. He also
said that he helped throw the strongbox
into a bayou off of Interstate 20.
Detectives located the banker and tel-
ler, who were shocked to learn that they
had purchased a coin collection that was
stolen in a grisly murder. They readily
produced the collection, in addition to
the checks they had written to Baldwin
and Marilyn Hampton. It was obvious to
the detectives that the banker was not a
professional fence, but had genuinely
believed that Baldwin and Hampton had
the right to sell the collection. If the

_banker had been trying to hide some-

thing, he certainly wouldn’t have paid
for the collection with checks.

Finding the strongbox was another
matter. Despite the best efforts of pro-
fessional skin divers, no strongbox could
be found in the bayou off of Interstate-
‘20.

Timothy Baldwin and Marilyn Hamp-
ton were brought back to Louisiana, and
both were charged with first-degree mur-
der and tried separately.

Baldwin was the first to go to trial in
July of 1978. Detectives went to Mis-
sissippi to get the third con man who had
agreed to turn state’s evidence. While
driving back to West Monroe, the de-
tectives mentioned to the witness that
they had never been able to find the
strongbox, and they pointed out the
bayou in which they had looked.

“That’s not the place I was talking ©

about,’’ the con man said. He then di-
rected detectives to a second bayou. Div-
ers were called in, and on the day Bald-
win’s trial started, the divers found the
strongbox.

It was brought to court and, during the
con man’s testimony, was opened for the
first time. In front of the jury, the slime
was scraped off and the latch unlocked.
Found inside the box was a single coin
from Mary Peters’ collection. The killers
had carelessly left it in the strongbox.
This find left no doubt in the jurors’

minds that the third con artist who had
turned state’s evidence’ was telling the
truth.

In addition to that, District Attorney
John Harris from Ouchita Parish pro-
duced a considerable amount of other
evidence. :

The murder weapons were covered
with the suspects’ fingerprints. The
banker and teller who bought the stolen
coin collection testified, and the can-
celed checks were produced. The bloody
T-shirt and stolen securities had been
found in the van.

And Baldwin’s own relative testified
that Baldwin had said he had done some-
thing that would land him in the rages
chair.

On July 25, 1978, Baldwin was found
guilty of first-degree murder by a jury
and sentenced to die in the electric chair.
But the story was far from over. Justice
would be slow.

~ Marilyn Hampton went on trial in Sep-

tember of 1978. The same evidence was
presented. Only Hampton claimed that,
before the murder, she left the house and
went to her van and fell asleep while
Baldwin committed the murder. »

The jury saw through her story and, on
September 14, 1978, found Marilyn
Hampton, 36, guilty of first-degree mur-
der, She was sentenced to life in prison.

District Court Judge John Joyce pro-
nounced the formal sentencing in both
instances, based upon the recommenda-
tions of the respective juries.

After his sentencing, Timothy Bald-
win began his biggest con job of all time.
He started to con the public and the
newsmen. The con job would go on for
six years, and during that period of time,
the newspapers would report fewer and
fewer details of the evidence gathered
against Baldwin, and give an increasing
amount of space to his contention that he
was framed.

Athis trial, Baldwin contended that he
and Marilyn Hampton had been at the El
Dorado motel during the time of the mur-
der. But he was unable to produce any
proof of this.

After his trial and during the appeal
preparation, he produced a motel re-
ceipt. Although it was dated April 4th, it
had no specific time as to when the cou-
ple checked in. Since the motel was a
scant 70 miles from the murder scene, it
would have been an easy matter for Bald-
win and Hampton to check in prior to the
murder, return to West Monroe, kill
Mary Peters and go back to El Dorado.

But Baldwin kept insisting that he was |

innocent, and that the police never thor-
oughly investigated the case.

On March 4, 1979, Baldwin escaped
from the Ouchita County Jail. He was
captured three days later in Ohio, re-
turned to Louisiana and convicted of es-
cape.

Baldwin’s first. scheduled execution
date came and went. The appeals process
effectively delayed his date with ‘Old
Smokey.”’ Finally, the case went before
the United State Supreme Court in May
of 1984. During the interim Baldwin had
escaped five other scheduled execution
dates, the most recent up to that point
being October 4, 1983.

It was the third time Baldwin’s case
had gone before the U.S. Supreme
Court. Each time the appeal was based
on.a slightly new argument. Each time
the court determined that Baldwin’s
argument had no merit.

But over the six-year period, in which
Baldwin had escaped a second time and
was recaptured, his struggle to live was
winning some support from certain
members of the public. His con job
seemingly was working.

After the Supreme Court rejected
Baldwin's latest appeal, District Judge
John Joyce, who each time had to set a
new execution date, decreed that the
convict would die in the electric chair on
July 12, 1984.

But as the execution date neared,
Louisiana Governor Edwin W. Edwards
granted a 30-day reprieve so that Bald-
win’s attorneys could bring his case be-
fore the Louisiana Pardon Board. Thus,
Baldwin escaped a seventh date with
death.

The Pardon Board, like all other offi-
cials who had scrutinized the court file
and transcript of the case, turned Bald-
win’s appeal down.

Ouchita Parish District Attorney John-
ny Parkerson led the opposition to any
show of mercy for the convicted killer at
the Pardon Board hearing.

“*Your greatest responsibility is to the
people of this state to act,’ Parkerson
told the board.

Parkerson pointed out that the courts
had considered the question of Bald-
win’s possible innocence or the in-

competence of a defense attorney and

had determined that the claims were
meritless.

“His attorney has the temerity to ask
this body to place itself above all those
courts,’’ Parkerson fumed. ‘‘It won’t
work.”’

Parkerson was right. It didn’t work.
Only one of the five Pardon Board
members fell for the con man’s story of
innocence.

Thus, the matter again was plopped in

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686 La.

facts are discovered, but prior to verdict
or judgment. If a valid ground for recu-
sation is set forth in the motion, the
judge shall either recuse himself, or refer
the motion for hearing to another judge
or to a judge ad hoc, as provided in
Article 675.”

In State v. Gordy, 380 So.2d 1347 (La.
1980) this court stated:

“The provision that a judge may be
recused because of bias or prejudice was
introduced in the Code of Criminal Proce-
dure in order to further the policy that
courts should avoid even the appearance

. of partiality. See the Official Revision
Comment for C.Cr.P. 671. The bias or
prejudice must be of a substantial nature,
however. State v. Qualls, 377 So.2d 293
(La.1979); State v. Maduell, 326 So.2d 820
(La.1976); Official Revision Comment for
C.Cr.P. 671. In State v. Lukefahr, 363
So.2d 661, 663 (La.1978), we stated:

‘A motion to recuse a trial judge must
be based on more than mere general
conclusory allegations. State v. Bell,
346 So.2d 1090 (La.1977); State v. Mad-
uell, 326 So.2d 820 (La.1976); State v.
Collins, 288 So.2d 602 (La.1974). If the
motion, on its face, does not show
grounds to recuse even if the allega-
tions are proved, the trial judge may
overrule the motion without referring
it to another judge. La.C.Cr.P. art.
674; State v. Bell and State vy. Collins,
cited above.’ ”

In the present case defendant made spe-
cific factual allegations to support his con-
clusion that the trial judge should be re-
cused. The handwritten motion asserted
that (1) the trial judge was unduly argu-
mentative, (2) the judge commented on the
evidence outside the presence of the jury,
(8) the judge restricted counsel’s presenta-
tion of his case by requiring him to lay a
foundation for the defense of justification,
(4) the judge did not rule on objections,
motions, and arguments in an. unbiased
manner and supplied objections for the
prosecution, and (5) the judge made com-
ments which suggested to the prosecution
objections which could be made.

388 SOUTHERN REPORTER, 2d SERIES

Although specific, defendant's complaints
relate more to the manner in which the trial
judge conducted the proceedings than to
evidence of bias or prejudice by the trial
judge. These are the type of contentions
which could have been properly raised by a
motion for'a mistrial or preserved for as-
signment of error by contemporaneous ob-
jection. See C.Cr.P. arts. 775 and 841.
However, defendant would now have us
rule that the trial court should have halted
the proceedings and referred to another
judge the complaints which in effect were
objections to the manner in which the trial
was being conducted.

[7] Such a ruling would impose an un-
due burden on trial courts and would allow
a defense counsel to derail the orderly
course of a trial and have a second trial
judge rule on the merits of his objections.
In cases involving complaints about a trial
judge’s manner of conducting proceedings,
this court can adequately protect a defend-
ant’s right to a fair and impartial trial by
reviewing the record on appeal to deter-
mine whether the trial court became unduly
argumentative, or improperly commented
on the evidence, or improperly restricted
counsel’s prosecution of his case, or failed to
rule properly and fairly on objections, or in
effect assumed the role of prosecutor (by
suggesting prosecution objections). These
complaints do not require proof or consider-
ation of matters not in the record, and this
court is in a position to determine the mer-
its of the trial—related complaints.

[8] Here, there may have been some less
than cordial exchanges between the trial
court and defense counsel, but the record as
a whole does not support defendant’s con-
tentions. While trial courts have a duty to
remain impartial and neutral, judges are
not merely umpires or moderators. They
also have a duty to apply the law and assist
in the search for truth. See Knapp v. Kin-
sey, 232 F.2d 458 (6th Cir. 1956); United
States v. Marzano, 149 F.2d 923 (2nd Cir.
1945). As Judge Hand said in United
States v. Marzano, above at 925:

“A judge is more than a moderator; he is

charged to see that the law is properly

STATE y. BALDWIN La. 687

Cite as, La,, 388 §0.2d 679
Ae i et help was
administered, and it is a duty which he the ay ie: A platter gah no ion
it dine! ining inert.” to eall out in ugh for

ean not discharge by remaining to se dies

Of) ee eis — = ie that defendant had a

ial j was prejudiced or that the Ue en dais

Be ier — denied a fair trial. Thus, severe rash, — gle ere ae

ca or in the denial of the and severe headac = aragpeage
rr =

cca Gh ioe which we have treated as fendant et highs Doane. Sa tater
egeceede for ecietehal: or in the court’s fail- — a : dar ="

i ion to another judge Jjallers wo ae
for es ari lee: Marlin Mikesell, who lived in defendant's
ee cellblock from January, 1979 to March *

i i i tene
Defense of Justification or Necessity 1979, stated that other inmates threatened
[10] Contending that his escape was jus- defendant because of ts a me
tified, defendant argues that the trial court that defendant — te Pol sre site
. i ‘ i tion tened him. Mikesell a
erred in refusing to allow him to = threa : Te exets cachet a
witnesses as to conditions in the Ouachi the jailers no aateeters oe
Parish jail prior to his escape. Defendant he asked for medicine or s
further contends that the guidelines estab- Tha saeiatant director of the North Louk
lished in Louisiana for the defense of justi- siana Legal Assistance Corporation,
fication are unduly restrictive and infringe had filed on suit on behalf of the Ouac ta
upon his constitutional rights. Parish jail prisoners in federal court and
Presentation of the defense of justifica- },44 visited the jail numerous se i com
tion began with the testimony of Isaac nection with that litigation, was socalled
Smith. Midway into his testimony the trial 4, testify, but most of the questi ;
court ‘dianciened the jury and conducted @ 44 to him were objected to pe exclude o
hearing on the question of whether the the basta of vagueness or iopélevainh 06
counsel could press forward deere defense of necessity.
se of justification. Evidence a uced a :
Eutteatie revealed various complaints by [11] This court has pecomlted br fie
+7 . . s i
defendant concerning the conditions under ja] defense of medical 7 aca
i d ses. See State v. Jacobs, above.
primer ea mtr ETE f pe pm if defendant proved he was de-
i dant’s cellmate from ever, rove i
O ee ae ts Gaccabee 1978, testified, nied medical — ~_ i ce x
"addition i jously dis- Parish jail, he did not establis
i iti » testimony previously dis- ta ' , id n ; :
re uae oo not give de- conditions for get of the defense, a:
pares i in the Jacobs case.
ici i his nerves, set forth in
fendant medicine for his rash or ' =
thal he heard two jailers threaten defend- There was no evidence to show thet e
ant and that defendant said he was trying fendant informed the prison of on
; o5% . . - 2a6 a
to get moved to Angola or to another cell so writing of his physical condition, rae
ical condition was serious,
that he would be safe. physica a
Rodney Eaker, who had been incarcerat- not have time to resort to = — ne
1 in Ouachita Pasich jail since March 30, he sought medical treatmen seek ed
1978 was in defendant’s cellblock prior to cape or that he thereafter surr
the ‘cotliie Eaker corroborated Smith’s — self to the authorities.
testimony in many respects, asserting it
was “common knowledge” in the jail that
the jailers disliked defendant and that de-
fendant had told him about threats on his
life. Although Eaker never knew defend-

i i to any
t to complain about this abuse
official higher than a jailer, he stated that State v. Boleyn, above

[12] This court has also recognized the
defense of justification for an escape when
an inmate is faced with a specific threat of

bodily injury in the immediate future. See

death, forcible sexual attack or substantial”

sem

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688 La. 388 SOUTHERN REPORTER, 2d SERIES

In the present case, however, the time of
the alleged threats against defendant was
never stated. Although there was some
evidence to support the fact that he had
complained without result to the authori-
ties, defendant did not resort to the courts.
Moreover, while defendant did not hurt
anyone in the escape, on the other hand he
did not report to the proper authorities
when he attained a position of safety. See
United States v. Bailey, 394 U.S. 444, 100
S.Ct. 624, 62 L.Ed.2d 575 (1980).

[13,14] These rigid limitations on the
defense of justification have been imposed
by the court in order to ensure that the
prison administration and the courts remain
the normal channel for a meritorious com-
plaint. State v. Jacobs, above. These re-
quirements protect against assertions by
those prisoners who would endanger prison
life and public safety by escaping and then
fabricate charges of inhuman treatment or
neglect as an afterthought to their flight
from justice. The offer of proof in this
case was simply insufficient to establish the
defense of necessity or justification, and the
trial judge was correct in excluding this
evidence.?

DECREE

For the foregoing reasons the conviction
and sentence are affirmed.4

W
° E KEY NUMBER SYSTEM
T

3. For the same reasons the trial court properly
denied defendant’s requested special instruc-
tions on the defense of necessity. Further-
more, the requested instructions were not
“wholly correct and pertinent”, C.Cr.P. art.
807, and they did require “qualification, limita-
tion, [and] explanation”, C.Cr.P. art. 807.

Se a

STATE of Louisiana
v.
Paul HARTMAN.
No. 66785.

Supreme Court of Louisiana.

Sept. 3, 1980.
Rehearing Denied Oct. 6, 1980.

Defendant was convicted in the Twen-
ty—Fourth Judicial Court, Division “I,” Par-
ish of Jefferson, Wallace C. LeBrun, J., of
first-degree murder, and he appealed. The
Supreme Court, Dixon, C. J., held that: (1)
one juror was properly excused for cause;
(2) testimony concerning reputation of
lounge where stabbing occurred was inad-
missible; (8) six allegedly gruesome photo-
graphs of victim showing seven wounds,
were admissible; (4) question prosecutor
asked defendant’s ex-girlfriend as to
whether cause of breakup with defendant
was due to defendant’s temper was improp-
er, but defendant was not prejudiced there-
by; (5) ruling of trial court that the State
would be allowed to impeach defendant by
using almost 20-year-old conviction if he
chose to testify at trial was proper; (6)
there was sufficient proof that killing was
committed with specific intent to inflict
great bodily harm and was not justifiable
homicide committed in self-defense; and
(7) sentence of life imprisonment without
benefit of parole, probation, or suspension
was not excessive. ;

Affirmed.

Blanche, J., concurred.

Marcus, J., concurred and assigned rea-
sons.

Dennis, J., concurred disagreeing with
treatment of assignment of error relating
to defendant’s state of mind at time of
offense.

4. The court has considered defendant’s other
assignments of error and for the reasons stated
in the attached unpublished appendix has
found them to be without merit.

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—s*

‘Associated Press

_ ANGOLA, La. — His appeals ~
exhausted Sunday, a man convicted .

of murdering an 85-year-old blind
woman was “in good spirits” and

. “prepared” to die early today in
_+;sLouisiana’s electric chair, the
|: ‘prison warden said. - .

Timothy Baldwin, has seen seven.

is execution dates pass since he was:
., convicted for the 1978 slaying, and

ket nee _ te
Louisiana killer in ‘good spirits’ ©
awaiting ex

an appenl boforo the U.8. Supremo »

Court failed Sunday when the court

‘woted 7-2 to clear the way for his

‘execution.

“] sat with him a long time”
Saturday night, said Frank Black-
burn, warden of the Louisiana State

Prison at Angola, where Baldwin.

¥ was scheduled to die before 3 a.m.
today. “He’s in good spirits. If it ,

comes down, he’s prepared,” Black-
burn said Sunday. —

Baldwin’s application for a stay
first was considered by Justice

-. .Byron White, who referred the
"matter to the full court. Justices:
‘ William Brennan and Thurgood

Marshall, who oppose the death
penalty, voted for issuing the stay,
ay spokeswoman Kathy Arberg
said.

Baldwin, a 46-year-old itinerant
laborer, was convicted of first-de-

gree murder in the April 1978 death |

of Mary James Peters of West

Monroe, a former neighbor who was -

godmother of Baldwin’s youngest
son.

stool, a small television set, a

_ telephone and an iron skillet. Two

bank bags belonging to the victim
were found in Baldwin’s van when:
police arrested him in El Dorado,
Ark., and police said his finger-
prints were in her ransacked home.

* Baldwin and Marilyn Hampton,
who is serving a life sentence for
first-degree murder, had visited
Peters on April 4, police said. She

Peters was beaten with a wooden |{

was found the next day by a Meals -

on Wheels volunteer and died a day
later.

: Appeals courts rejected argu-
ments that Baldwin’s rights were
violated because a prosecutor had
offered to let him plead guilty to
second-degree murder, which does
not carry a death penalty. Baldwin
rejected the offer.

.- Baldwin, who had maintained his

Gang attacks ,
motorcyclists .

in W. Germany

' Associated Press

WOLFRATSHAUSEN, West
-Germany — A peaceful get-to-
‘gether for motorcycle enthusiasts
near Munich turned into a bloody
brawl when a motorcycle gang
attacked other participants with
steel pipes, iron bars and a home-
made pistol, police said Sunday.

They said that seven people were:
hurt and that 18 members of the
Munich Dirty Angels, a gang known

for violence, were arrested after the |

The Arizona Republic

CARP
= NEW 1
: INSTALLE
YOUR H

ecution early today _

. 7) penalty in 1976.
Cr ime / courts Y. 7 ‘ Baldwin, a small man with jail-.
sees : house tattoos of a snake, a skull and
a naked woman on“his arms, has

Ace Re
admitted stealing cars, committing

trnovence and claimed that police - burglaries, escaping: f :
. , ping: from prison
planted the bank bags in his van,. and writing bad checks. “
said last week that he was certain "Time after time, he said, he piled
the appeals would succeed but that his three children and four stepchil-
he was not afraid of the impending dren into ramshackle vans to flee:
execution, ae police.
“Really, I'm not that afraid ' But he clalmed never to have
because I’ve got a curious nature to been violent and was the only one.

begin with,” he said. “I’m curious ‘of Louisiana’s 31 death-row inmates NO DOWN at SA\
what Lannens vftor death” _. Sones sien ee Jimect. ones ELVRMS ©

Three people have been executed _ of the crime that put him there. 90 DAYS: B«

in Louisiana and 23 in the United “T just can’t quite picture society CASH *! J

States, the last on Friday in ‘
Florida, since the Supreme Court

wanting to execute me,” he said last
week, “I
mind,”

just can’t get it into my

allowed states to restore the death

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PARA Fm) semen

Risin

684 La.

from the news media.” Under these cir-
cumstances detailed evidence of the pre-
murder trial publicity at this hearing, al-
though relevant, would only have been re-
petitive and would have served no useful
purpose. The extent of pretrial publicity
on the simple escape charge was, of course,
another matter and was thoroughly con-
sidered. Moreover, while the trial judge
refused to review the newspaper articles
and other documentary evidence connected
with publicity prior to the murder trial, he
allowed the witnesses at the hearing on the
motion to testify in regard to their knowl-
edge of the murder, as well as to their
knowledge of the murder trial itself.

We conclude that the trial court’s ruling
on the introduction of evidence of publicity
disseminated prior to the murder trial did
not deprive defendant of an adequate op-
portunity to show that he could not obtain
an impartial jury or a fair trial in Ouachita
Parish in the escape trial.

Motion to Recuse

Defendant contends that the trial court
erred in denying his motion to recuse the
trial judge and in refusing to submit the
motion to another judge for hearing. De-
fendant argues that the trial judge’s bias,
prejudice and hostility denied him a fair
trial.

The principal defense at trial was justifi-
cation, and counsel tried to establish that
conditions in the Ouachita Parish jail led to
defendant’s escape. In support of his mo-
tion to recuse, defendant argues that the
trial judge evidenced a strong disdain for
this evidence and showed his hostility by
arguing with counsel and by assisting the
state in supplying objections to defendant’s
questions, even objecting himself to some
questions.

The lead witness in counsel’s attempt to
lay the foundation for the defense of justi-
fication was Isaac Smith, defendant's cell-
mate at the time of the escape. When
counsel questioned Smith about threats
against defendant's safety, the state object-
ed, and the court sustained the objection.
Counsel then asked Smith about any acts of
physical or mental abuse directed toward

388 SOUTHERN REPORTER, 2d SERIES

defendant. The state objected again, and
the court removed the jury. After some
discussion defense counsel stated that he
would proceed with this line of testimony
outside the presence of the jury.

Defense counsel then asked the last ques-
tion again, and \the court said, “you may
object to these questions one by one”,
whereupon counsel objected to the court’s
remark. The prosecutor remarked that he
was going to object anyway, since Smith
had been removed from the Ouachita Parish
jail five months before the escape and any
threats during Smith’s presence were too
remote to be of value in proving justifica-
tion. The judge, nevertheless, allowed de-
fense counsel to continue. Smith then tes-
tified that defendant, a white man, had
been put into an all-black cell so that other
prisoners could beat him up. The court’s
observation that counsel could not introduce
this type of testimony without laying a
foundation led to an argument over the
interpretation of State v. Boleyn, 328 So.2d
95 (La.1976) and State v. Jacobs, 371 So.2d
801 (La.1979).. However, when counsel
pointed out that this testimony would es-
tablish a history of futile complaints by the
defendant, the court allowed him to contin-
ue.

Smith then testified that the jailer dis-
liked defendant because of his wife, and the
state objected. The judge remarked “it’s
calling for the opinion of the witness not
for any facts”. Defense counsel replied, “Is
that the state’s objection”, to which the
judge said, “that’s the court’s objection.”
Then defense counsel objected to the court’s
objecting for the state.

Smith also testified that they had asked
the staff to move defendant because several
inmates did not like him, that the staff
would not let defendant receive items
brought by his daughter, that the only way
defendant received a radio was by having
his daughter send it in Smith’s name, that
the staff switched letters defendant had
written to his wife and to his girlfriend, and
that defendant was afraid. The state ob-
jected to this testimony, but the trial court
allowed defense counsel to continue, re-

- STATE v. BALDWIN La. 685
Cite as, La., 388 So.2d 679

marking: “I think we were somewhere out
in left field but go ahead.” Counsel and
the court then engaged in the following
exchange out of the presence of the jury,
before counsel asked the judge to recuse

himself:

“The Court: Do you know something.
I’m going to require you, before we
stay out in left field where I just now
said we were, to establish some more
direct evidence of a necessity for es-
cape otherwise we’re going to stay with
somebody like this six months old. I’ve
read the law to you and you're not
following the law.

“Mr. Smith: Your Honor, I also have the
law in front of me and it’s our position
we are—

“The Court: —And I happen to be the
Judge and I happen to have the final
say and I’m telling you that you’re not
following the law.

“Mr. Smith: Your Honor, we’re going to
object to the Court’s interpretation of
State v. Boleyn. I cannot find any-
thing in State v. Boleyn which says
that the criteria has to be proved in
perfect order so we would object to the

Court’s ruling and ask that the objec-
tion be noted.

“The Court: Let the objection be noted,
and you are correct, Mr. Smith. I don’t
know why I’m arguing with you except
I’m trying to save time. There’s got to
be some immediacy. You can’t stay six
months away from the escape.

“Mr. Smith: Your Honor, all I can do is
object. We feel like we don’t have to
prove the immediacy before any partic-
ular—

“The Court: —Well, why don’t you prove-
what I’m suggesting you do is prove
the immediacy first.

“Mr. Smith: Your Honor, we would ob-
ject but we will comply at this time—

“The Court: —There’s one thing I would
like for you to prove and one thing I
want to consider in this and that is
what he did after he did escape from

jail.

“Mr, Smith: Your Honor, we will prove
that. We just haven’t reached that
point in this case yet.

“The Court: Well, why don’t you do it
first.

“Mr. Smith: Because we have a certain
preparation of order of defense.

“The Court: We're going to be here for
three days if we’re—

“Mr. Smith: —If it please the Court,
we've already been here for three days
but that’s the state’s fault, not mine.

“The Court: No. We haven’t been here
three days.

“Mr. Smith: Your Honor, at this time I’m
going to make a formal motion. I be-
lieve this Court is evidencing animosity
toward this defendant and this defense
counsel in this case. I do not have a
formal motion to recuse judge prepared
but I will orally—will orally so move
and ask for leave to prepare a written
motion ....”

After counsel presented his formal mo-
tion, the court called a recess and ultimate-
ly denied the motion, without referring it to
another judge, on the ground that no valid
ground for recusation was set forth in the
motion.

C.Cr.P. art. 671 provides the grounds for
recusation of a judge as follows:

“In a criminal case a judge of any court,

trial or appellate, shall be recused when

he:

“(1) Is biased, prejudiced, or personally

interested in the cause to such an extent
that he would be unable to conduct a fair

and impartial trial
* * * * * *

“(6) Would be unable for any other rea-
son, to conduct a fair and impartial trial.”

C.Cr.P. art. 674 also provides:
“A party desiring to recuse a trial judge
shall file a written motion therefor as-
signing the ground for recusation. The
motion shall be filed prior to commence-
ment of the trial unless the party dis-
covers the facts constituting the ground
for recusation thereafter, in which event
it shall be filed immediately after the

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pronounced dead. His body was shipped in care of his mother to the old home in Princeton,
issouri.

And so ended the most bizarre murder and trial in the early part of the century in this
Parish. | doubt if anyone really believed he was innocent. As well as | got to know Judge
Miller in later years, | was never bold enough to ask him point blank about his version of
the case. He had spoken to the Governor and the Pardon Board and his statements were
too emphatic to be re-emphasized. And when Judge Miller had made a decision, that

decision stuck.
P. D. Savois, Jennings contractor, was a member of the second jury trying Batson.

August 9, 1957

55 The First Automobiles

The long lines of high-powered automobiles going up and down the streets today show
little resemblance to the first cars to come to Jennings from 1905 through 1910. Perhaps
you wouldn't have cared to bother with those early machines and, in fact, only the most
daring had them. , \.

Horses and buggies still continued the favorite role long after the first cars;came and so

inpopular were the automobiles that early ordinances compelled a car driver to stop the
car while horses passed and speed was limited to ten miles an hour.

Even beyond and above this restriction, early auto owners could use them only in the
driest of weather and too, there were no roads worthy of the name. Gasoline buggies, as
they were called, were useless in wet weather.

In spite of all the difficulties, it is almost unanimously agreed that the banker, J. H. Hoff-

nan, had the first automobile, a Stanley Steamer, which was fueled by steam generated
trom gasoline. S. J. Johnson was the second to get a Stanley, both coming around 1905.
That car had two steering gears, one to turn on the steam to get going and the other to
guide the vehicle. Chains were along the side of the car fastened to a contraption to spin
the wheels.

Joe Black and Arthur Eastman also had some of the primitive cars, both being one-
cylinder Brush makes and Father Peeters had another such early vehicle. It is believed Lew
Moses bought the first Ford, a tiny affair which had a lot of brass trimming, which he kept
in a brick garage which stood on the northwest corner of the new City Hall site. If you
remember how tiny that building was, you can imagine how far the Ford has come today.

In the pioneer motoring days too, you had to buy gasoline from the grocer or from the
Renshaw cart which peddled coal oil about town. The first filling stations usually were at
the curb in front of hardware stores. They were hand pumps at that and gave out but three
gallons ata time.

With the advent of the automobile came two men from Indiana, Howard Proctor and
Wilbur Liddle, who set up a machine shop and garage on a lot where the new City Hall stands
and Albert Dudley and his brother Arthur were the first auto mechanics. It was not until

eel

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the citizens who had contributed to buy a wrench to turn the hydrants off and on easier.”
Still another entry in the minute book asked the council “to paint the hose cart and ladder
wagon any color just so it is red.”

The volunteers must have thought a lot of that “fire wagon” for the whole crew had their
pictures taken time after time with it. The pictures show a long old-fashioned wagon with
a dozen or more buckets hanging from the bottom and some ladders swung at the sides.

Indeed, they vr this wagon until 1917 even after discarding the horses, for they rigged

up an old automobile chassis which was hooked to the “fire wagon” on which they had put
rubber tires, to answer the fire calls. The first motorized truck bought in 1917, was used
until about 1932 when the first of the present fleet was purchased. That 1917 fire vehicle is
preserved in the barn of Chief Hill.

The minute book shows individual firemen contributed to buy the first wagon by giving
suppers and another item indicates what firemen brought pies and cakes to be served at
the suppers. Fighting fires seemed to be their business and they always apologized when
asking the council for any kind of new purchases although they did suggest that “all
hydrants be painted red with white caps.”

First record of the list of the volunteers was made in 1905 and Joe Eastman is the only
name of recent vintage. Old Joe served 45 years and when he became too old to answer
calls he was made an honorary fireman but even that couldn't stop him from running to the
hall at every alarm. When he died his body was carried to the cemetery on. the newest
truck. The fire department was half his life and the minutes show that in 1905 he was made
assistant chief under Feree with R. L. Smith, secretary-treasurer. Joe’s brother Arthur,
who headed the department so long, doesn’t appear until about 1906 on the rolls.

Do the names of the firemen of 1905 sound familiar? They were S. R. Feree, L. A. Wood-
worth, W. M. Brown, Joe Eastman, Jack Alford, G. M. DeRoss, Joe and Aros Langley,
Charlie Zabolio, R. W. Rankin, P. B. Davis, Carl and C. C. Mendoza, H. A) Holcolm, Glen
Rankin, A. V. Breaux, F. S. Woolsey, G. G. Ottjes.

It was about this time that the volunteers adopted a resolution fining each member 25
cents for non-attendance at calls and the next entry shows Arthur Eastman had been voted
into membership. In 1908 it is disclosed that the membership was extended to admit W. W.
DeJean, Nat Prentice and Fred Stakemiller.

Thus W. W. (Sheepy) DeJean is the dean of the department and next year will mark his
golden anniversary as a volunteer fireman, a record exceeding Joe Eastman’s.

August 5, 1957 . . -

V | 7
54 The Batson Murder Case

Wherever and whenever old-timers chatted at length of days gone by, they invariably
came around to discuss the Batson murder case. It still rates as the most lurid, most
gruesome crime in Jeff Davis history and whether or not Batson was guilty of killing the
Earl family is moot. He was convicted by two juries mainly on circumstantial evidence and
finally hanged in the Lake Charles jail, since this Parish was a part of Calcasieu, on August

85 .

ic]

14, 1903.

Tae murder took place on the morning of February 16, 1902 in a house still standing on
tha st (90) about midway between Welsh and Lacassine, on the left side of the road
joing west. It is not much of a house, then or now, but as you glance at it you may be
assured not a thing has changed, except the house has been covered with a cheap red-
Jish-brown siding. The house has two stories with a door in the middle and two windows
at the sides and is narrow and tall beyond symmetry. Nearby are the same old sheds,
ven the privy.

Yet, so realistic have become the tales about the murder that for years, and probably so
today, you couldn't get any one to live in it. They say at night weird, eerie shrieks and
Nagns rend the air and that the ghosts of the Earl family run all directions inside and out
th@ied frame edifice.

Batson was an Arkansan who had come down to work and found employment with the
Sarls. Both Earl and his wife were slain, along with his sons, Ward, Fay, John and Lemuel.
A daughter escaped death only because she had left a few hours earlier to work in Welsh.
[he family was done to death with a gun and at close point, an axe. One of the sons fled
the house and his bloody corpse was found ina side ditch near the road when the murder
»ecame known.

And this was not until Batson had plenty of time to get to Lake Charles where he had
driven the Earl mules which he sold for $45. Batson took a train for Missouri where he was
captured in the home of his mother. Isaac Fontenot, second sheriff of Jeff Davis and then a
Calcasieu deputy sheriff, went to Missouri and brought Batson back for trial.

E. D. Miller, who moved to Jennings years later to resume his law practice, was the
Judge and the jury found Batson guilty of murder. Defense attorneys moved for a new trial
ind then appealed to the Supreme Court. The high court ruled faulty procedure and the
-ase@.was ordered retried. Chief fault found by the higher court was that Batson was not
111 @i2d to take the stand in his own defense, but it was ruled Batson had not presented a
Jefense except an alibi. Batson’s attorneys still refused to allow him to take the stand in
1is own defense, relying solely on an alibi. é

The second jury also found him guilty and ordered the death sentence and again the
case was appealed. Members of the State Pardon Board entered the case and asked
Sqmarnor Heard to commute the sentence to life imprisonment, and the Governor
AD tec Judge Miller to come to Baton Rouge to discuss the case. : :

The Judge was adamant. I presided at both trials. Two separate juries found him guilty
1s charged. His attorneys refused to allow him to take the stand. | had plenty of time to
»bserve the actions of the defendant in the courtroom and | am deeply convinced the man
s guilty,” Judge Miller told the Governor and Pardon Board. That ended the case.

Move after move was made that new evidence had been uncovered, but it brought no
1ew trial and the execution by hanging was set for August 14, 1903. Batson’s mother came
Jown, and made a last minute appeal and when all was lost, she told her son, “Die like a
3atson.” :

He did and the witnesses all aver he was as cool as a cucumber. When he was brought to
the scaffold at 1:30 that afternoon, Sheriff Perkins asked Batson if he was ready. “Yes,
Sheriff, when you are,” was the reply. He added, “I want to thank you, Sheriff Perkins, and
all your deputies, you treated me right.”

Before that he had a last meeting with his mother and reporters, and when they asked
1im if he had anything to say, he said he was innocent and that the judge and jury were
»rejudiced against him.

He was dropped through the scaffold floor at 1:42, and two minutes later he was

Bparr, Amos, black, 19, electrocuted Coushatta, La., Avril 11, 1947.

YW" NEGRO KILLER IS EXECUTED AT COUSHATTA = AMOS BATT DIES IN STATE RLEC-
TRIC CHAIR WITH PRAYER ON LIPS, By F, E, Shepherd, Member of TIMES!
Staff, = Coushatta, April 11, 197. - Amos Batt, 19- -year-old negro
killer of a Gahagan cafe owner and taxicat operator, died in the elec-
tric chair at 12:09 p.m. today with a prayer for forgiveness on his
lips. The young negro, who admittkhd a few days before the execution
that he had murdered Thomas Elmo Cole, 32, at 2 a.m. February ll, a
few miles south of Gahagan, was officially pronounced dead 11 minutes
after a state executioner had pulled the switch sending 2,700 volts
of electricity through his body. Batt exnressed in his final state-
ment that what was ebout to happen to him would serve as a lesson to
his younger brother, to whom the young negro had addressed a letter
written a few hours before noon yesterday. ‘I hope what I told my
brother and my folks in the letters I wrote will be s lesson to my
prother,' said the negro. 'I believe the Lord will forgive what I
have done as I have faith in Him,' he added, Turningto Red River
parish Sheriff Ray Adcock, the negro said, ‘Sheriff, I thank you and
your crew for the treatment you gave me, I really appreciate 5
The executioner then placed a slitted mask over Batt's face and oe
over to the switch controlling the electric current generated by a
portable dynamo in a truck parked in the reer of the courthouse builde-
ing. 'Good-bye, Amos,' the executioner said, and pulled the switch.
KBatt's body raised up in the chair and his fingers clutched at the
chair as the full force of the current hit him. Three times was the
performance repeated before Coroner L, S, Huckabay and Dr, W. 8. Hunter
pronounced him dead at 12:20 p.m, The young negro showed no signs
of nervousness as he walked unaided to the chair and sat down with his
head resting on the high backboard, His arms dangled loosely at his
side and his eyes remained closed until the executioner asked: 'Is
there anything you want to say, Amos?' Only once did Patt look over
the audience. His gaze did not waver when he looked directly at the
widow of the man he shot with his own gun, then left on the side of
the highway. The khaki-clad negro told a negro minister, who remsined
with him all yesterday morning, he was not afraid to die and believed
the Lord would forgive him, For 2 hours before the execution, Batt
stood in his cell listening to the negro MXXXXKEX minister read
passages from the Bible, It is believed that Batt knew the electric
BKK chair set up on the third floor of the courthouse building was
the same in which Toni Jo Henry died ZX at Lake Charles several years
ago and the one the state used in its HMMHXARERMM unsuccessful attempt
to electrocute Willie Francis at New Iberia last year, The execution
of the negro was the first in Red River RARXMMXK parish since 1936,
when three negroes were hanged for the murder of a Hall Summitt man.
It was the first electrocution in the history of the parish, Sitting
in the front row of several rows of chairs placed in the execution room
were relatives of the murdered man, including his widow, Others were
his father, Press Cole; Mrs, Roy R. Cox, sister; Mrs, Press Cole, his
mothers; and Mrs, Cole's father, E. D. Womack, After Batt had been
pronounced dead at 12:20 p.m., Mrs. Cox, 2 nurse, borrowed a stetho-
scope from one of the doctors, and placed it against the dead negro's
chest to listen to see whether his heart was still beating. Avproxi-
mately 80 persons crowded into the small execution room, More than
twice that number waited for news of the execution in the basement
of the building sand on the courthouse lawn,"
TIMES, Shreveport, La., Avril 12, 197, vare one,

Py). =

_
= 3

eT 3 Er 47,7

MURDER TRAIL
Through a forest of Louisiana
oil derricks, gushing black
gold, led the crimson trail
of the terror of the oil fields.

As quickly as possible we deployed through the trees in
order to surround him, but he must have glimpsed us for he
broke for the swamp at the back of the house.

Joe Burley and I raced after him while the other officers
dashed for the cabin.

We cut loose with our guns, pouring lead after the fugitive,
but he kept on unharmed and at a creek which he had waded
we lost the trail of the fleeing murderer.

Realizing the futility of further search at that time, we
returned to the cabin.

There we found that a haul had been made. Cowering
before the arresting officers in that little swamp-land hideout
were Maggie Rodgers and Mrs. Blount in whose names the
trouble had“started. Joe Sherron had been dragged from a
hiding place within the building and two other men, one of
them a brother of Joe, were also held.

We demanded at once to know where the body was buried.

The prisoners were loath to talk; but finally indicated the
direction of the grave.

A Grave And A Still

E PUSHED our way through the underbrush and tall
grass in that direction till we came to a swamp and there
we found a mound of mud.

As we crouched about it we saw that the knee of a man
protruded through the mire and there we found the body of
Rodgers.

Nearby was the long sought still of Bill Alexander. It had
been located just across the line in Webster parish. It lay
hidden in the swamp and about it we counted seventeen barrels
of mash.

Rodgers’ grave was only about two feet deep. The body,
a hideous spectacle of mud and blood, was taken from it
together with a pile of old sacks and a bucket that had been
used to bail water; from the hole.

Leaving the other officers in charge, I walked to an oil
camp and phoned for the coroner. It was late afternoon
before he could get to the cabin. Meantime, all the prisoners
except Joe Sherron, who was held for the inquest, had been
sent to jail at Homer, twelve miles from Haynesville.

The story Sherron told was horrible. Sitting there in the
presence of the dead man’s body, he told the coroner about
that dreadful ride through the wood-bound darkness.

As the wagon swayed, and jerked through the night, he
said, Rodgers had continued to plead for his life.

Alexander replied with kicks and oaths.

“Tf you have anything to say you'd better hurry,” he taunted,
leaning over the writhing man. “You've not much longer to
live.”

As though to ward off a blow, Rodgers raised his hand.
Alexander jerked it down and sent a shot through the palm.

Then, pressing the gun against Rodgers’ head, Alexander
had fired the shots heard out of the darkness, the
shots that had killed Rodgers and that had
started the tell-tale drip of blood that had

led us to the scene of his grave.
When the wagon reached the cabin,
Alexander ran in and waked the

women and men sleeping there,
Joe went on. He ordered them
out to the wagon where he
seized the body of the murdered
man and dragged it to the
ground.

“There it is now,” he snarled,
turning to Maggie Rodgers, the
dead man’s wife. “‘That’s the
price I’ve paid for you.”

Then someone picked up an

Sheriff Coleman, veteran man-

hunter of Clairborne parish, di-

rected the long search for the
elusive Alexander.

STARTLING DETECTIVE

ea a os

onna;o

se name
1, F. W.
ing Bill

ils wife
n. They
realized
as beat-

reaming
dashed

oo or
Mist

oilfields,

iuthor of

of the
grave.

ECTIVE

| ouisiana GORILLA

By M. B. LAY

Former Deputy Sheriff, Clairborne Parish,

Loutsiana

As told to
ANNIE DYER NUNN

blindly into the street just as Alexander fired point blank at
him.

Floundering through the mud, Blount managed to make his
escape into the nearby woods and the cover of darkness.
Alexander, almost drooling in his wrath, whipped out a flash-
light and sought to discover the fleeing man but the light fell
on the face of Blount’s brother-in-law, Rodgers.

Whether Rodgers had gone to the scene with Blount to
back up his play will probably never be known. Apparently
this was the belief of the maddened Alexander, however.

“It’s you, Rodgers!” he bellowed. Mouthing filthy oaths he
whipped his gun down in a vicious blow at Rodgers’ head.

Rodgers was no coward or weakling and the two fought
there in the filth and mud of the street. But Alexander, in
his maniacal fury, soon bested’ his adversary, beat him to the
ground with his gun and bega stamping his face into the mud,

A big dog stood growling at the edge of the crowd that had
gathered. Alexander caught sight of it.

“Sic ’m,”’ he hissed, trying to make the dog attack the
beaten man, but the animal, frightened, turned tail and fled
into the woods as Blount had done and just in time to escape
another bullet from Alexander’s gun.

Then Alexander turned on the crowd. The hard faced
men gave back and Alexander caught sight of Joe Sherron.

“Get the wagon,” he commanded Sherron and Sherron who
had been numbered among the gorilla’s friends brought
Alexander’s wagon to the spot. —

With kicks and curses, Alexander then dragged and prodded
the battered and pleading Rodgers into the wagon.

“He’s going to kill me,” Rodgers shrieked and begged for
his life.

But Alexander ordered Sherron to take the lines and
whipped up the horses to the fastest possible gait through the
thick, oily mud toward a road that led off through the mid-
night darkness of the woods.

No one followed. Alexander’s reputation had beaten back
pursuit. But the crowd listened in awed silence till suddenly
from the darkness and the silence the flash of a revolver and
its double roar told of the fate of the whipped man.

Bill Alexander had murdered F. W. Rodgers, the husband
of Maggie Rodgers. There was no one in the motley crowd
that heard the shots fired who had any doubt of the fact. Yet
it was clear that there could have been only one witness.

And since there had been two or more shots heard out of
that Stygian darkness there were some who wondered if the
witness himself had been laid dead beside the body of Rodgers
in the mudsplashed wagon-bed.

On A Blind Trail

je I HAVE indicated, it was the better part of three
hours before the other deputies and myself were able to
take that blood-marked murder trail through the woods and
the network of roads that criss-crossed in the shadow of the
trees.

For another three hours we followed the zig-zag course
which the death wagon had plowed through the mud. At
every intersection or by-road we had to get out and look for
the stains of blood on the surface of the mud to: point the way

ADVENTURES

wating si tis lt po

9
es
s

DRAGGED TO THE GALLOWS!

Bullying bravado gone, Bill Alexander collapsed when

he faced his fate. This exclusive photo shows Sheriff

Coleman and Deputy Sales dragging the gorilla
murderer to the gallows.

the killer had taken. We were convinced that Alexander was
headed for his still. But none of us knew where that still
was. We had never been able to find it And Alexander
knew that.

When we neared the line of Webster parish, [ decided we
would need an officer from that jurisdiction and so. leaving
my companions to watch the road. I walked a mile and a half
to an oil camp where I found Deputy Shaw.

Together we slogged back through the mud to the road.

Arriving at the car, we found the other deputies greatly
excited,

Joe Sherron, they said, had been seen coming down the road
kicking up the slush and mud in an apparent effort to cover
the trail of dripping blood and the deep-cut wheelmarks that
were visible most of the way.

At sight of the officers he had turned and fled. But we
were sure now that we faced a battle if we succeeded in bring-
ing the killer and his man to bay.

Slowly and carefully we crept forward. We left the car
and hurried on, keeping under cover of the woods which were
now beginning to be visible in the oncoming daylight.

After what seemed like a long time we came to the edge
of a clearing.

There before us in the new dawn we saw a cabin and Bill
Alexander stood in the doorway with a gun in his hand.

dy,
m it
been

1 oil
noon
ners
been

the

kbout

t. he

inted,
er to

hand.
palm.
ander
s, the
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cabin,
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up an

Heavy teaming in the oil boom district near Haynesville,
Louisiana, reduced the roads to rivers of mud, obscu
the trail and slowing the pursuit of the manhunters.

At the point of his gun, Joe

axe and slashed Rodgers’ body.
bury the body.

said, Alexander ordered the men to

At Haynesville that evening, J phoned Sheriff Coleman
who had just reached Homer. e told me to turn Sherron
over to Deputy W. L. Stone, which I did.

Haynesville was in an uproar. News of the murder had
brought hundreds of men to town to swell the crowds already
milling there. Before starting to Homer, Stone took Sherron
to supper. People, eager for the details of the crime, of whom
Rupert Peyton of the Shreveport Journal was one, crowded
into the restaurant. The story they listened to caused the
indignation flaming against the absent Alexander to center
on Sherron, his supposed accomplice. Stone saw what was
nee and, jumping up from the table, rushed the prisoner to

is car.

The sinister cry of “Let’s get him,” swelled into a roar.
Stone and Sherron sped out of town just ahead of a mobilizing
mob, the majority of whom, failing to find cars, ran to the
station where a train had just pulled in. At the point of a gun
they forced the engineer to take them to Homer.

Escape With Prisoner

EANTIME, Sheriff Coleman, tipped off by Deputy Larry

Sales, was rushing toward Haynesville to meet Stone
and the prisoner. The cars of the mob were close behind
Stone, but the trees protected the officers from view when
they transferred Sherron to Coleman’s charge. Stone drove
on; but the sheriff headed into a side road where he aban-
doned his car and with Sherron plunged into a swamp. They
could hear the mob roaring down the road hot on the trail
of Deputy Stone.

“Now, Sherron,”
this swamp to cover.
as you don’t start anything ;
you.”

Toward morning they reached a farmhouse and from there
anelen transportation to Ruston, where Sherron was lodged
in jail.

Meanwhile the mob, some 500 people, surged into Homer.
Unconvinced by the jailer who assured them that neither
Alexander nor Joe Sherron was there, they tore a hole in
a wall of the jail and went in. Cheated of the men they
wanted they turned on the other two prisoners. Heavy imple-
ments tore at the lock of their cell. Heard on the outside of
the jail, the sound brought some of the cooler headed men
to their senses and galvanized them into immediate action.

“Stop that mob,” yelled a voice. “We don’t want them

ADVENTURES

said Coleman, “we have four miles of
I’m going to take care of you as long
but if you do, I’m going to kill

man, was one
of the two men who turned back a mob and, saved
ynching.

Alexander’s companions from 1

Rupert Peyton, Shreveport newspaper

boys lynched.” Suddenly a: tall man, wearing a ten-gallon
hat, stepped forward and in a foghorn voice commanded :
“Follow me!”

Rupert Peyton was one of the volunteers who scrambled
into the jail and started forcing their way up the stairs now
creaking with a maddened throng. When they reached the
cell where the terrified prisoners awaited their doom, Peyton
and the tall man found themselves alone against the mob,
their supporters having been crowded back. Almost as
frightened as the prisoners, themselves, these two, bent on
preventing the horror that threatened, descended on the men
hammering at the lock.

“Give me that ax!” thundered the tall man. Then turning
to Peyton: “Get that crowbar !”

His words had the astounding effect of causing the leaders
to hand over the implements.

“Now get out of here.”

“Look out,” someone yelled. “It’s Sheriff Coleman.”

The mob plunged down the stairs and in a short time the
jail had cleared.

A mistake had prevented a lynching. The sheriff was still
fighting his way through the swamp with his prisoner but
his name had dispersed the mob.

The next morning organized search for the murderer was
started. The wires burned with his description. Posses of
citizens, their blood boiling at the thought of his hideous
crime, combed the muddy woods for him.

[Continued on page 47]

town, we stopped and knocked. A little
old man came to the door.

“Is this E. E. Martin?” I asked.

He replied in the affirmative and I
told him who we were. Whereupon he
led us into the house which was dark.

“There’s nobody here but me,” he
commented, in a low tone. “I got my
wife and Mrs. Alexander—she’s visitin
us for a few days—off for the night. {
couldn’t trust anyone but myself with
this secret.”

We had followed the old man to the
back of the house before he turned on
a light. Then, after we had explained
about the reward, he took out his
pocketbook, the longest one I have. ever
seen, and from its depths extracted a
tiny piece of folded paper. It bore this
inscription: “Thomas M, Manning, Oak-
land, California.” A street address was
also given.

“The assumed name of Bill Alex-
ander,” Martin explained. “Do you
think you can get him with this?”

“Well, if we can’t, he deserves to go
free,” I replied. “Where'd you get this,
anyway?”

Martin told us that Alexander’s wife
had gone on a fishing trip with some
of Bill’s people. It started to rain and
she picked up a coat belsoging to an
uncle of his and put it on. Idly curious,
she investigated the pockets of the coat
and found a letter. The familiar hand-
writing gave her a shock. It was her
husband’s, She read the letter, signed
Thomas M. Manning, and copied the
name and address.

That night Mrs. Alexander wrote to
Bill and asked for money for their two
children. He replied that he could do
nothing for them; that he was now
living with a woman who was a real
mate to him and would do anything to
help him—rob a bank if necessary.

Mrs. Alexander knew all about Bill
and how dangerous he was. Upon care-
ful thought it seemed best to turn him
over to the authorities; too long he had
escaped the punishment he deserved.
Martin, her friend, offered to take
charge of the matter for her. The re-
ward was to be divided between them.

Deputy Sales was for going on to
Oakland at once. But I was afraid
that, knowing his wife had his address,
Bill might decide to move on before we
could get there. Not daring to phone
from Emory, we drove to another town
and called Sheriff Coleman. He _ told
us to wire description of our man to
the sheriff’s department at Oakland and
return to Homer if we thought best.

Trapped At Last

THE next morning Oakland officers
drove out to the address given them
and inquired of the landlady regarding
her roomers. She had three men in-her
house; one had gone on a fishing trip.
From her description the officers were
convinced he was the one they wanted.
When told that she would receive a
part of the reward for his arrest, she
agreed to let the officers know when
her roomers got home. Her call came
a few days later.

On the morning of July 27, the of-
ficers returned to the place. As the
drove up they saw a tall, broad shoul-
dered man standing on the side walk.
He was wearing a broad brimmed hat

on the back of his head—a characteristic:

gesture of Bill Alexander. He was ap-
proached by one of the officers.

“Does ‘Mr. Jones live here?”
“No, I live here, myself.”

“What's your name, please?”

“Thomas M, Manning. Maybe Jones
lives next door,”

When the other officer came up, the
first one stepped to one side and threw
down on Alexander,

“You are arrested for the murder of
F. W. Rodgers.”

Bill Alexander had been captured!

Three days later, Sheriff Coleman and
I arrived in Oakland. Theh after the
usual preliminaries, we started for
Homer with the long sought Alexander.

Alexander’s trial, one of the most
sensational ever held in northern Louis-
jana, began October 1, 1923

He pleaded self-defense and denied
forcing his friends to help.

They came back on the stand with
their previous testimony. That is, all
but Maggie Rodgers.

The widow of the murder victim, the
woman over whom the two were be-
lieved to have quarreled, suddenly
changed her story. She swore that
Alexander had had nothing to do with
the burial of the body. She even hinted
that he was not the murderer,

Facing the hostile crowd of the court
room, this woman sought to save her
husband’s murderer from the death
penalty that loomed before him.

But she made her battle in vain. She
won for herself a two-year sentence in
the penitentiary for perjury that made
her all but a witness of her lover's
execution,

Alexander was sentenced to death. A
new hearing was refused him and April
11 was the day finally selected for the
hanging. }

Since it is the law in Louisiana that
each parish take care of its bwn execu-
tions, the task of hanging Alexander fell
to the lot of Sheriff Coleman and his
men, :

The End Of A Killer

A FIRST Alexander seemed indif-
ferent. But toward the last, under
the influence of a minister, he changed.
He professed religion and was baptised
in the jail bath tub. After that he
scarcely touched food, nor spoke to any-
one except the minister. In the terrible
night hours, when alone, he would
scream and rave,

Maggie Rodgers, waiting in a cell
near his to be taken to the penitentiary,
probably suffered almost as much as
the doomed man, himself. She pleaded
with Sheriff Coleman to take her on to
the penitentiary, but he was too busy
at that time. f

On the last day, people poured into
Homer from every direction, to see
Alexander dragged to the scaffold. But
there were residents of the town who
closed their doors and waited for the
appalling hour to pass.

The time set was 1:30 in the after-
noon. All the morning Alexander had
lain on his. bunk talking with the min-
ister. When the sheriff’s key grated in
the cell lock he sprang up, exclaiming:

“My God, there they come!”

Then he collapsed,

It took both Sheriff Coleman. and
Deputy Sales to handle him. Since he
had to be taken from the new jail to
the old one where the scaffold was, the
death march was a long one. When the
officers with their wretched burden

passed the cell of Maggie Rodgers, she
ran to the other side and buried her
face in her hands.

Before stepping into the _ street,
Sheriff Coleman came to the door of
the jail and asked the crowds to stand
back to give the prisoner air. Then I
saw them bring him out—I was sta-
tioned outside to keep the crowd in
order, Both Sheriff Coleman and
Deputy Sales are large men, but it was
all they could do to get Alexander from
one jail to the other. The windows of
the death chamber, on the second floor,
were curtained; but out in the street
we could hear the dull thud of the gal-
lows trap. Twenty-eight minutes later
Bill Alexander was pronounced dead.

The body was turned over to relatives
who had a casket and truck waiting for
‘it. The truck drove out of town at
break-neck speed.

The crowds dispersed, but shortly
afterwards, excitement once more filled
the town. People were shouting:
“Alexander is still alive!” Some said
he had been seen sitting up in the truck.
The report reached the ears of Sheriff
Coleman who had just lived the most
horrible experiece of his life.

“Well,” said the sheriff, “I hope to
God he is alive. And if he is, he’ll
never be hanged by me again!”

Solution to the Riddle at
the Abandoned Bungalow

[Continued from page 10]

1. In all probability there were four
men in the gang at the abandoned bunga-
low. This is indicated by the number
of cups, and by other clues which follow.

The man who sat in the chair in
the right foreground of the illustration
was probably a tall man with a sore
or wounded foot. From the illustration
it will be seen that the chair‘on which

‘the bottle of iodine stands is in a direct

line with this chair, and from the di-
rection in which the latter chair is turned
it is possible to deduce that the man who
sat in it was using the other chair as a
foot rest. The chairs were not very
near together, so the police deduce that
it is a tall man who had the sore foot.
Probably his neighbor at the left had
been dressing the wound for him and
had placed the iodine on the nearest
edge of the chair used for a foot rest.

This man to the left must have been
a pipe smoker, judging from the large
number of burned wooden matches
around his chair. Many pipe smokers
prefer the larger and longer burning
flame of wooden matches to the short-
lived paper ones,

The man in back of the table (in the
illustration) was evidently left-handed,
as is indicated by the position of his
cup with relation to his chair.

e man who sat on the wooden box
and drummed with his heels, making
dents in the box, was an unusually short
man, or at least had v short legs, as
shown by the distance of the dents from
the top of the box. He probably was
short in the trunk also, as he evidently
chose the high wooden box to sit on.
The cigar butt found by this place in-
dicated almost certainly that the short
one was not a woman.

STARTLING DETECTIVE

ee ee res

AAA AB

= mo aS we
;

or es ye Oe

ce ome oS ES

Blount, who feared nobody, confronted
the reeling, vicious Alexander and de-
manded in threatening tones: “Bill,
where’s my wife?”

Blount’s wife was a sister of Maggie
Rodgers whose name had been coupled
with Alexander’s and whose husband,
F. W. Rodgers, had had several alter-
cations with the bullying Bill over his
attentions to her.

Blount’s question regarding the where-
abouts of his wife maddened Alexander.
He turned viciously on the man. They
spat bitter invectives at each other and,
before anyone realized what had hap-
pened, Alexander had drawn a gun and
was beating Blount over the head with it.

Caught unawares by this onslaught,
with blood streaming down his face and
dripping into the mud, Blount dashed
blindly into the street just as Alexander
fired pointblank at him.

Floundering through the mud, Blount
managed to make his escape into the near-
by woods and the cover of darkness.
Alexander, almost drooling in his wrath,
whipped out a flashlight and sought to
discover the fleeing man but the light fell
on the face of Blount’s brother-in-law,
Rodgers.

DETECTIVE

From the gushing derricks of the oil fields straight to the gallows,

led the crimson trail of the terror. Above is shown the killer, Bill
Alexander, being dragged to execution, his bullying bravado

turned to stark terror.

Whether Rodgers had gone to the
scene with Blount to back up his play will
probably never be known. Apparently
this was the belief of the maddened Alex-
ander, however.

“Tt’s you, Rodgers!” he bellowed.
Mouthing filthy oaths he whipped his gun
down in a vicious blow at Rodgers’ head.

Vicious Street Battle

ODGERS was no coward or weak-

ling and the two fought there in the
filth and mud of the street. But Alex-
ander, in his maniacal fury, soon bested
his adversary, beat him to the ground
with his gun and began stamping his
face into the mud.

A big dog stood growling at the edge
of the crowd that had gathered. Alex-
ander caught sight of it.

“Sic’m,” he hissed, trying to make the
dog attack the beaten man, but the animal,
frightened, turned tail and fled into the
woods as Blount had done and just in
time to escape another bullet from Alex-
ander’s gun.

Then Alexander turned on the crowd.
The hard-faced men gave back and Alex-
ander caught sight of Tom Watkins.

“Get the wagon,” he commanded Wat-
kins and the man, cowed by the gorilla,
brought Alexander’s wagon to the spot.

With kicks and curses, Alexander then
dragged and prodded the battered and
pleading Rodgers into the wagon.

“He’s going to kill me,” Rodgers
shrieked and begged for his life.

But Alexander ordered Watkins to
take the lines and whipped up the horses
to the fastest possible gait through the
thick, oily mud toward a road that led off
through the midnight darkness of the
woods.

No one followed. Alexander’s reputa-
tion had beaten back pursuit. But the
crowd listened in awed silence till sud-
denly from the darkness and the silence
the flash of a revolver and its double roar
told of the fate of the whipped man.

Bill Alexander had murdered F. W.
Rodgers, the husband of Maggie Rodgers.
There was no one in the motley crowd
that heard the shots fired who had any
doubt of the fact. Yet it was clear that
there could have been only one witness.

And since there had been two or more
shots heard out of that Stygian darkness
there were some who wondered if the
witness himself had been laid dead be-

ALEXANDER, Ja Marah) ). whi }
mR, James Marshall, white, hanged Homer, LA April 11, 19

’,
a

The OIL FIELD

Sheriff Coleman,

hunter of the

fields, directed the long search for
the brutal murderer.

veteran man-
Haynesville oil

Me lay hub-deep on the three-
mile stretch of road which led
from Haynesville, Louisiana, to
the booming oil town of Oil Center. As
I spun the wheels of my car through the
mire and battled to keep from slipping
into the flooded ditches on either side,
I knew that ahead of me at the end of
that mucky trail lay murder.

Bill Alexander, bully of the oil fields,
a wild man who had long terrorized even
the tougher elements of one of the south’s
roughest oil boom towns, had made good
his boast that he was a killer.

[ was one of the fifty deputy sheriffs
who assisted Sheriff Coleman of Clai-

a | followed

"TERROR

Deliberately firing two shots into the head of an insen-
sible victim of his brutality,
added murder to his list of vicious crimes.

But relentless Louisiana officers took up the chase, and
a crimson trail that led through the muck of
swamps and ended on the gallows.

borne parish in the attempt to battle the
crime that raged in the oil boom towns
of Smackover and Eldorado, Arkansas,
and Oil Center, Homer and Haynesville,
Louisiana, and made them seething caul-
drons of evil corruption that matched the
mud in their streets.

Sheriff Coleman was away when the
telephone call came telling of the sudden
violence in Oil Center, so I took matters
into my own hands and started at once
‘with three other deputies. As we began
our wild ride along the mud-covered
road, we knew little more than the bare
fact that Bill Alexander, long known to
us as a bully and bootlegger, had com-
mitted murder.

Three hours after leaving Haynesville,
we slithered into the mud-filled streets
of Oil Center. The boom town’s thugs,
grifters, and night prowlers were mutter-
ing on the streets when we arrived, their
usual viciousness fanned to ugly temper
by the outburst of violence and murder
that had been witnessed a few hours be-

DARING DETECTIVE, March,

the bully of the oil fields

By M. B. LAY

Former Deputy Sheriff, Claiborne Parish, Louisiana
As Told to A. D. NUNN

fore. As soon as we could, we gathered
what facts were available.

Alexander, who ran a still in the
swamps of Webster parish—a still we
had never been able to locate—had come
into town that evening to dispose of nine
gallons of whisky. And he had been
drinking.

Bill Alexander was wild enough when
he was sober, but when he was drunk he
was a deadly gorilla. It was said he
came of a good family in Emory, Texas,
and, when sober, he was one of the hand-
somest and best-dressed men in northern
Louisiana. Drunk, he became a beast
who might appear anywhere dripping
with the mud and filth of the streets and
cowing the toughs that made life misera-
ble for Sheriff Coleman and ourselves.

The story, as we soon learned it,
was that Alexander was in one of his
worst moods on that night of April 12,
1922, when J. A. Blount came upon him
as he was engaged in selling the product
of his still.

DARING

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n that a
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big doors
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luction, a

CECTIVE

faithful effigy in life size, of the slain
man!

Mrs. Maye, who was on the witness
stand, shrieked and turned away.

The jurors turned their heads at the
sight of the grisly model.

Spectators uttered gasps of horror.

The wax replica of Andy Devola was
nude except for a pair of tan shoes and
bright colored socks, the same he wore
on the night his body was found. The
build and face were modeled precisely
after the features of Devola.

There were red marks on the wax
figure to indicate spots where seven bul-
lets had entered the body. Blue lines
were made to indicate their course to
the points of exit. ‘

Mrs. Maye was excused from the wit-
ness stand by Adlerman and in her place
came Assistant Medical Examiner Karl
S. Kennard. He explained the meaning
of the lines to the jurors who still shud-
dered at the unusual spectacle.

Trapping the Louisiana Gorilla

$2,000 Reward! \

FEW miles from Oil Center we
found a farmer who told us: that a
man claiming to be a geologist had
stopped at his house for a meal but
had left shortly after the subject of the
Haynesville murder was brought up.
Our informer could tell us nothing more.
Then a reward of $2,000 was offered
for Alexander.

Alexander's most probable retreat was
one of the oil towns where I have al-
ready said criminals, lost in the confu-
sion of the boom, were as elusive as
eels. We joined the officers of these
towns in ransacking them day and
night; but they gave no trace of him.

Reports of Alexander’s whereabouts
were pouring in upon us; we followed
every possible lead, but it was a week
after the crime before we struck any-
thing definite.

Sheriff Phillips of Minden, Webster
parish, notified Sheriff Coleman that he
had a good tip. Coleman, with several
of his deputies met Phillips and his men
and together we set out for the home
of an oil field worker where Alexander
was said to be hiding. It was after
midnight when we got there, a cabin
back in the woods. We surrounded the
house and waited for daylight.

About four o’clock a boy came out to
get fire wood. In a low tone Sheriff
Phillips called him to one side.

“Ts Bill Alexander in that house?”

“No, sir, but he was. Stayed all night
last week with my brother.”

“Go get your brother.”

Presently the man came out to meet
us.

“Where’s Bill Alexander?” demanded
Phillips.

““T don’t know. I drove him thirty
miles to a grove near Spring Hill the
morning after he stayed with me. He
gave me a twenty-dollar bill and waited
in the grove while I went to town and
got him some new clothes. I’ve got his
old ones.”

“Let’s see ’em.”

In the cabin he displayed the clothes

ADVENTURES

Dr. Kennard testified that any one of
four bullets, three of them in the head
and one which had gone through De-
vola’s heart, could have caused instant
death. In all, Kennard said, seven bul-
lets had entered the dead man’s body.

The medical examiner said that he had
gone to the Maye apartment on the
night the body was: found and that he
came upon Devola’s nude form lying
across a blood-drenched bed.

“His right arm was outstretched,”
testified Dr. Kennard, “and there was a
box of cartridges under his wrist. In
the palm of his hand lay a revolver. The*
following day at noon I performed an
autopsy.

He repeated that of the seven bullets,
any one of four might have been fatal.

‘Next Adlerman placed a brother of
the dead man on the stand. He testified
that Andrew was right-handed. The
prosecutor then lifted the right arm of
the model and, pointing out the marks

Aititn
o>

[Continued from page 43]

—muddy khaki outfit and broad
brimmed hat. There was no doubt in
our minds that the murderer was well
on his way.

One afternoon, a week later, Sheriff
Currie of Arcadia got word that Bill
Alexander had just passed through
town. He was traveling with two other
men in an open car with top laid back;
they were headed toward Ruston. Im-
mediately, Sheriff Thigpin of that place
was notified to intercept the fleeing car.
Then Sheriff Currie and Deputy John
Boddie, armed with pistols and shot-
guns, jumped in their car and tore out
toward Ruston.

Ten miles from Arcadia they met
Sheriff Thigpin. He informed them that
he had stopped an open car; but there
were only two men in it. They con-
vinced him that they were not the men
he wanted, so he let them go. They
had a large trunk on the back seat, he
said.

“Bill Alexander was probably in that
trunk,” said Currie.

The mad chase was resumed. Beyond
Ruston the officers met the open car.
This time it had but one man. He was
ordered to stop.

“Where's Bill Alexander?” demanded
Sheriff Currie.

“Never heard of him. I had two men
with me, but didn’t know their names.
Dropped one at Arcadia and the other
when I turned back to hunt a spare tire
T lost.”

“Where ate you going?”

“Atlanta, Georgia. A woman hired
me to bring this car to her.”

“You are under arrest,” said Sheriff
Currie.

Convinced that the man who got out
of the car last was Alexander, the of-
ficers searched for him until dark. But
he was not seen again. The prisoner’s
story was checked and found to be
correct. ‘

A Real Lead

IRCULARS bearing the description
of Alexander and his picture were
sent to officers all over the United

indicating the fatal wounds, demon-
strated that it would have been impos-
sible for Devola to inflict those wounds
himself.

The following day the case went to
the jury. After deliberating five and
one-half hours, a verdict was brought
back. “Guilty of manslaughter in the
first degree.”

Two weeks later, Marlyse Maye was
sentenced to serve from five to ten years
in Auburn prison.

Judge Cohn, in pronouncing sentence,
said that Mrs. Maye shot Devola in “a
transport of jealous rage without the
slightest justification.”

Addressing her, as she stood before
him, he said, “I believe that you should
be punished substantially, but that the
punishment should be tempered with the
mercy which your physical make-up,
your mental condition and the circum-
stances of the crime warrant.”

States. We received numerous letters
regarding them and numerous suspects
were arrested. But nothing came of it.

Then a few months after the crime
I got a letter from the sheriff at El-
dorado, Texas, stating that he had cap-
tured a man identified by three others
as Alexander. A promising lead at last.
I got on the train and went to El-
dorado; but the man the sheriff showed
me was not Bill Alexander. The out-
look for capturing him was anything but
bright.

In due time Alexander’s five friends
went to trial as accomplices in the mur-
der. The evidence they gave, practically
the same as at the inquest, was ac-
cepted as facts in the case. <All were
acquitted,

We persisted in our efforts to locate
Alexander, but the trail stayed cold.
Time flew by. A year. Fifteen months.

About the middle of July, 1923, I had
a letter from E, E. Martin, former jus-
tice of the peace at Emory, Texas, in-
quiring if there were a reward for the
capture of Alexander. I was elated.
Coming from Emory, Bill’s home town,
the inquiry looked like a real lead.

I answered the letter at once, stating
that we would pay $1,000 for informa-
tion enabling us to locate him and the
same amount for his arrest. By return
mail I had another letter instrucing me
to come to Emory at once, and enjoin-
ing the greatest secrecy. I took these
letters to Mr. Coleman who instructed
me to take Deputy Sales and go over
there.

It was night when we got to Emory
where we had to inquire the way to the
home of E. E. Martin. If officers from
Haynesville, the scene of the crime
Alexander had committed, were recog-
nized, he would doubtless receive a tip
that would foil our efforts to find him.

Avoiding the local officers we drove
about town for some time before locat-

ing anyone we dared talk with. Finally, .

we saw an old lady and asked her the
way to Martin’s home.
At a bungalow on the outskirts of

side the body of Rodgers in the mud-
splashed wagon-bed.

As I have indicated it was the better
part of three hours before the other
deputies and I were able to take that
blood-marked murder trail through the
woods and the network of roads that
criss-crossed in the shadow of the trees.

On A Blind Trail

FOR another three hours we followed
the zig-zag course which the death
wagon had plowed through the mud. At
every intersection or by-road we had to
get out and look for the stains of blood on
the surface of the mud to point the way
the killer had taken. We were convinced
that’ Alexander was headed for his still.
But none of us knew where that still was.
We had never been able to find it. And
Alexander knew that.

When we neared the line of Webster

parish, I decided we would need an officer
from that jurisdiction and so, leaving
my companions to watch the road, I

Rupert Peyton, Shreveport
newsman, above, was one of
two men who turned back a
mob and prevented lynching
of Alexander’s companions.

Through rivers of mud caused by heavy
oil field teaming, shown at the right, the
manhunters followed the spots of blood

to the killer’s hideout.
40

walked a mile and a half to an oil camp
where I found Deputy Shaw.

Together we slogged back through the
mud to the road.

Arriving at the car, we found the other
deputies greatly excited.

Tom Watkins, they said, had been seen
coming down the road kicking up the
slush and mud in an apparent effort to
cover the trail of dripping blood and the
deep-cut wheelmarks that were visible
most of the way.

At sight of the officers he had turned
and fled. But we were sure now that we
faced a battle if we succeeded in bringing
the killer to bay.

Slowly and carefully we crept forward.
We left the car and hurried on, keeping
under cover of the woods which were now
beginning to be visible in the oncoming
daylight.

After what seemed like a long time we
came to the edge of a clearing.

There before us in the new dawn we
saw a cabin. Bill Alexander stood in
the doorway with a gun in his hand.

As quickly as possible we deployed
through the trees in order to surround
him, but he must have glimpsed us for he
broke for the swamp at the back of the
house.

Joe Burley and I raced after him while
the other officers dashed for the cabin.
We cut loose with our guns, pouring
lead after the fugitive, but he kept on
unharmed and at a creek which he
waded we lost the trail of the fleeing
murderer.

Realizing the futility of further search
at that time, we returned to the cabin.
There we found that a haul had been
made. Cowering before the arresting
officers in that little swamp-land hideout
were Maggie Rodgers and Mrs. Blount
in whose names the trouble had started.
Tom Watkins had been dragged from a
hiding place within the building and two
other men, one of them a brother of Tom,
were also held.

We demanded at once to know where
the body was buried.

The prisoners were loath to talk; but
finally indicated the direction of the
grave.

We pushed our way through the
underbrush and tall grass in that di-
rection till we came to a swamp and there
we found a mound of mud.

As we crouched about it we saw that
the knee of a man protruded through the
mire and there we found the body of
Rodgers.

Nearby was the long sought still of
Bill Alexander. It had been located just
across the line in Webster parish. It lay
hidden in the swamp and about it we
counted seventeen barrels of mash.

Find Victim’s Grave

kf ODGER grave was only about two
feet deep. The body, a hideous
spectacle of mud and blood, was taken
from it together with a pile of old sacks
and a bucket that had been used to bail
water from the hole.

Leaving the other officers in charge, I
walked to an oil camp and phoned for the
coroner. It was late afternoon before he
could get to the cabin. Meantime, all the
prisoners except Tom Watkins, who was
held for the inquest, had been sent to jail
at Homer, twelve miles from Haynes-
ville.

The story Watkins told was horrible.
Sitting there in the presence of the vic-
tim’s body, he told the coroner about that
dreadful ride through the wood-bound
darkness. As the wagon swayed and
jerked through the night, he said, Rod-
gers had continued to plead for his life.

Alexander replied with kicks and oaths.

“If you have anything to say you'd
better’ hurry,” he taunted, leaning over
the writhing man. ‘“You’ve not much
longer to live.”

As though to ward off a blow, Rodgers
raised his hand. Alexander jerked it

Alexander. He was approached by one
of the officers.

“Does Mr. Jones live here?

“No, I live here, myself.”

“What's your name, please?”

“Thomas M. Manning. Maybe Jones
lives next door.”

When the other officer came up, the
first one stepped to one side and threw
down on Alexander.

“You are arrested for the murder of
F. W. Rodgers.”

Bill Alexander had been captured!

Three days later, Sheriff Coleman and
I arrived in Oakland. Then after the
usual preliminaries, we started for
Homer with the long sought Alexander.

Alexander's trial, one of the most
sensational ever held in northern Louis-
iana, began October 1, 1923.

He pleaded self-defense and denied
forcing his friends to help.

They came back on the stand with
their previous testimony. That is, all
but Maggie Rodgers.

The widow of the murder victim, the
woman over whom the two were believed
to have quarreled, suddenly changed her
story. She swore that Alexander had
had nothing to do with the burial of the
body. She even hinted that he was not
the murderer. é

Facing the hostile crowd of the court
room, this woman sought to save her
husband’s murderer from the death
penalty that loomed before him.

But she made her battle in vain. She
won for herself a two-year sentence in
the penitentiary for perjury that made
her all but a witness of her lover’s
execution.

”

Alexander was sentenced to death. A
new hearing was refused him and April
11 was the day finally selected for the
hanging.

Since it is the law in Louisiana that
each parish take care of its own execu-
tions, the task of hanging Alexander fell
to the lot of Sheriff Coleman and his men.

The End Of A Killer

T FIRST Alexander seemed indif-
ferent. But toward the last, under
the influence of a minister, he changed.
He professed religion and was baptised
in the jail bath tub. After ‘that he
scarcely touched food, nor spoke to’ any-
one except the minister. In the terrible
night hours, when alone, he would
scream and rave.

On the last day people poured into
Homer from every direction to see
Alexander dragged to the scaffold. But
there were residents of the town who
closed their doors and waited for the
appalling hour ‘to pass.

The time set was 1:30 in the after-
noon. All the morning Alexander had
laid on his bunk talking with the minister.
When the sheriff’s key grated in the cell
lock he sprang up, exclaiming:

“There they come!”

Then he collapsed.

It took both Sheriff Coleman and

Deputy Sales to handle him. Since he
had to be taken from the new jail to the
old one where the scaffold was, the death
march was along one. When the officers
with their wretched burden passed the
cell of Maggie Rodgers, she ran to the
other side and buried her face in her
hands.

Before stepping into the street, Sheriff
Coleman came to the door of the jail and
asked the crowds to stand back to give
the prisoner air, Then I saw them bring
him out—I was stationed outside to keep
the crowd in order. Both Sheriff Cole-
man and Deputy Sales are large men, but
it was all they could do to get Alexander
from one jail to the other. The windows
of the death chamber, on the second floor,
were curtained; but out in the street we
could hear the dull thud of the gallows
trap. Twenty-eight minutes later Bill
Alexander was pronounced dead.

The body was turned over to relatives
who had a casket and truck waiting for
it. The truck drove out of town at
break-neck speed.

“Well,” said the sheriff, “I hope he is
alive. And if he is, he’ll never be hanged
by me again!”

(To protect the identity of an innocent man, the
name Tom Watkins, used in this story ts not actual,
but fictitious.—The Editor.)

Smashing Arizona’s Polygamy Cult

Seek Evidence

W E WORKED for months in ob-
taining evidence. It is not easy to
get proof of “open and notorious co-
habitation,” the charge under which we
were filing. That is one of the rea-
sons why the polygamists have been
able to live so brazenly. The ranchers
about Short Creek told us that the plural
wives would usually be introduced as,
“This is my sister” or “This is my wife’s
cousin.” To prove that these women are
actually plural wives is a difficult mat-
ter.

We battled through three preliminary
hearings before we were able to bring
the defendants to trial. Justice Laurit-
zen, who is a resident of Short Creek,
dismissed the first charges September
6, 1935, holding that because of a legal
technicality they were invalid. Before
we could prepare new complaints, Spen-
cer, Johnson and Silvia Allred disap-
peared.

Sheriff Graham and his deputies were
on their trail a few minutes later. Be-
lieving that other polygamists might be
hiding them, they searched every house
in Short Creek, and later blockaded the
roads in hopes that the three were still
in the vicinity.

The fugitives, though, apparently had
raced across the Utah line or taken ref-
uge in the Arizona badlands, those deep-
cut gorges and wind-swept mesas which
are near Short Creek.

Days passed. It looked as though we
were going to be cheated of these men

[Continued from page 25]

and this woman of whom we had de-
termined to make examples in order to
keep Short Creek from growing into

John Y. Barlow, leader of the Short

Creek cult, escaped prosecution

when he proved that he did not

practice polygamy although believ-
ing in its principles.

the capital of the polygamy “empire.”

Then, late in September, the trio re-
turned to the settlement. Famished and
near exhaustion from nights in the cold,
they straggled in to surrender them-
selves. They said they had been living
in a cave in the mountains near the
village.

The next hearing opened September
28. Again, the prosecution was hindered
by minute technicalities and I decided to
remove the cases to Kingman. In Octo-
ber the third preliminary hearing was
under way at Kingman before Judge
M. T. Phelps who had been summoned
from his superior court bench in Mari-
copa county as a disinterested jurist.
He ordered the three held for trial.

The cases were set for December 9.
Silvia Allred, however, couldn't be pres-
ent. Living up to the code of the poly-
gamists of “one baby each year,” she
was expecting her fifth child shortly and
by stipulation with the defense attorney,
Victor J. Hayek of Los Angeles, we
agreed not to press her case.

The eyes of the world were focused
on us there in Kingman, Arizona, as
we battled to uphold the sanctity of
modern marriage as recognized by vir-
tually every civilized nation. Letters,
praising our fight, came to me from
many parts of the globe. The trans-
continental wires of the great press as-
sociations had carried tens of thousands
ot words into every nook of the world
about this last stand of the polygamists
in the United States.

Another world also eyed Kingman.

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The

Trapping The Oil Field Terror

man, Then turning to Peyton: “Get that
crowbar!”

His words had the astounding effect of
causing the leaders to hand over the im-
plements.

“Now get out of here!”

“Look out!” someone yelled. “It’s
Sheriff Coleman.”

The mob plunged down the stairs and
in a short time the jail had cleared.

A mistake had prevented a lynching.
The sheriff was still fighting his way
through the swamp with his prisoner but
his name had dispersed the mob.

The next morning organized search for
the murderer was started. The wires
burned with his description, Posses of
citizens, their blood boiling at the
thought of his hideous crime, combed the
muddy woods for him.

$2,000 Reward!

A FEW miles from Oil Center we
found a farmer who told us that a
man claiming to be a geologist had
stopped at his house for a meal, but
had left shortly after the subject of the
Haynesville murder was brought up.
Our informer could tell us nothing more.

Then a reward of $2,000 was offered
for Alexander.

Alexander’s most probable retreat was
one of the oil towns where I have al-
ready said criminals, lost in the confu-
sion of the boom, were as elusive as
eels, We joined the officers of these
towns in ransacking them day and
night; but they gave no trace of him.

Reports of Alexander’s whereabouts
were pouring in upon us; we followed
every possible lead, but it was a week
after the crime before we struck any-
thing definite.

Sheriff Phillips of Minden, Webster
parish, notified Sheriff Coleman that he
had a good tip. Coleman, with several
of his deputies met Phillips and his men
and together we set out for the home
of an oil field worker where Alexander
was said to be hiding. It was after mid-
night when we got there, a cabin back
in the woods. We surrounded the house
and waited for daylight.

About four o’clock a boy came out to
get fire wood. In a low tone Sheriff
Phillips called him to one side.

“Is Bill Alexander in that house?”

“No, sir, but he was. Stayed all night
last week with my brother.”

“Go get your brother.”

Presently the man came out to meet
us.

“Where's Bill Alexander?” demanded
Phillips.

“I don’t know. I drove him_ thirty
miles to a grove near Spring Hill the
morning after he stayed with me. He
gave me a twenty-dollar bill and waited
in the grove while I went to town and
got him some new clothes. I’ve got his
old ones.”

“Let's see ’em.”

In the cabin he displayed the clothes—
muddy khaki outfit and broad brimmed
hat. There was no doubt in our minds
that the murderer was well on his way.

[Continued from page 41]

mediately, Sheriff Thigpin of that place
was notified to intercept the fleeing car.
Then Sheriff Currie and Deputy John
Boddie, armed with pistols and shot-
guns, jumped in their car and ‘tore out
toward Ruston.

“Bill Alexander was probably in that
trunk,” said Currie.

The mad chase was resumed. Beyond
Ruston the officers met the open car.
This time it had but one man. He was
ordered to stop.

“Where's Bill Alexander?” demanded
Sheriff Currie.

“Never heard of him. I had two men
with me, but didn’t know their names.
Dropped one at Arcadia and the other
when I turned back to hunt a spare tire
I lost.”

“Where are you going?”

“Atlanta, Georgia. A woman hired me
to bring this car to her.”

“You are under arrest,” said Sheriff
Currie.

Convinced that the man who got out
of the car last was Alexander, the offi-
cers searched for him until dark. But he
was not seen again. The prisoner’s story
was checked and found to be correct.

A Real Lead

Pilg le bearing the description
of Alexander and his picture were
sent to officers all over the United States.
We received numerous letters regarding
them and numerous suspects were ar-
rested. But nothing came of it.

Then a few months after the crime I
got a letter from the Sheriff at Eldorado,
Texas, stating that he had captured a
man identified by three others as Alex-
ander. A promising lead at last. I got
on the train and went to Eldorado; but
the man the sheriff showed me was not
Bill Alexander. The outlook for captur-
ing him was anything but bright.

In due time Alexander’s five friends
went to trial as accomplices in the mur-
der. The evidence they gave, practically
the same as at the inquest, was accepted
as facts in the case. All were acquitted.

We persisted in our efforts to locate
Alexander, but the trail stayed cold.
Time flew by. A year. Fifteen months.

About the middle of July, 1923, I had
a letter from E. E. Martin, former jus-
tice of the peace at Emory, Texas, in-
quiring if there was a reward for the
capture of Alexander. I was elated.
Coming from Emory, Bill’s home town,
the inquiry looked like a real lead.

I answered the letter at once, stating
that we would pay $1,000 for informa-
tion enabling us to locate him and the
same amount for his arrest. By return
mail I had another letter instructing me
to come to Emory at once, and enjoin-
ing the greatest secrecy. I took these
letters to Mr. Coleman who instructed
me to take Deputy Sales and go over
there.

Avoiding the local officers we drove
about town for some time before locating
anyone we dared talk with. Finally, we

“I’m in for bigamy—but I had to have an extra vote to carry my precinct!!”
DARING

saw an
to Mar!
At oa
town,
old ma:
“Is th
He re
him wt
us into
“The:
mented
and M
for a
couldn
this se
We
back «
a light
about
pocket
seen, a
piece
script
land,
also x
“Ty
Mart
can x
NN
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anyw%

namie
TI
Bill
child
noth
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mate
help
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and
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over
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Mar
char
war
Db:
Oak
that
Bil!
cou
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and
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crime I
idorado,
ptured a
as Alex-
I got
ado; but
was not
r captur-
triends
the mur-
ctically
cepted
itted
locate
d cold,

ner
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for

e town,

stating
iforma-
nd the

tit”
.RING

saw an old lady and asked her the way
to Martin's home.

At a bungalow on the outskirts of
town, we stopped and knocked. A little
old man came to the door.

“Is this E. E. Martin?” I asked.

He replied in the affirmative and I told
him who we were. Whereupon he led
us into the house which was dark.

“There’s nobody here but me,” he com-
mented, in a low tone. “I got my wife
and Mrs, Alexander—she’s visiting us
for a few days—off for the night. I
couldn't trust anyone but myself with
this secret.”

We had followed the old man to the
back of the house before he turned on
a light. Then, after we had explained
about the reward, he took out his
pocketbook, the longest one I have ever
seen, and from its depths extracted a tiny
piece of folded paper. It bore this in-
scription: “Thomas M. Manning, Oak-
land, California.” A street address was
also given.

“The assumed name of Bill Alexander,”
Martin explained. “Do you think you
can get him with this?”

“Well, if we can't, he deserves to go
free,” I replied. “Where'd vou get this,
anyway?”

Martin told us that Alexander’s wife
had gone on a fishing trip with some
of Bill’s people. It started to rain and
she picked up a coat belonging to an
uncle of his and put it on. Idly curious,
she investigated the pockets of the coat
and found a letter. The familiar hand-
writing gave her a shock. It was her
husband’s. She read the letter, signed
Thomas M. Manning, and copied the
name and address.

Deputy Sales was for going on to
Oakland at once. But I was afraid
that, knowing his wife had his address,
Bill might decide to move on before we
could get there. Not daring to phone
from Emory, we drove to another town
and called Sheriff Coleman. He told
us to wire description of our man to
the sheriff's department at Oakland and
return to Homer if we thought best.

Trapped At Last

6 iw next morning Oakland officers
drove out to the address given them
and inquired of the landlady regarding
her roomers. She had three men in her
house; one had gone on a fishing trip.
From her description the officers were
convinced he was the one they wanted.
When told that she would receive a part
of the reward for his arrest, she agreed
to let the officers know when her roomers
got home. Her call came a few days
later.

On the morning of July 27, the officers
returned to the place. As they drove up
they saw a tall, broad-shouldered man
standing on the side walk. He was wear-
ing a broad-brimmed hat on the back of
his head—a characteristic gesture of Bill

DETECTIVE

He Stumbled over a MAN-EATER

“It was a black, moonless tropic night, but I
trudged along the familiar jungle path in the dark
with assurance. It was the path from my time-
keeper's shack to the house where | slept. Without
warning | stumbled and fell headlong. There was a
hissing noise followed by a sharp click. I scram-
bled to my feet and reached for the Eveready
Flashlight in my belt . . . Within three feet of me
was a huge thrashing alligator, his jaws snapping

like castanets.

“Tf my light had failed at that moment, if it were

®
At CARBON CO.Ine

NO and Camnom ConF
Mem us

EVEREADY
BATTERIES
ARE FRESH
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in the Dark...

Soldier of Fortune
lives to tell the
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combat between
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not for the fresh, strong Eveready
Batteries in my flashlight, they
would probably have found some of
me on that path next morning. |
might even have lived . . . but not
with all my arms and legs

“Nearby was a boiler-room. |
made for it and with the aid of a
slice-bar finally finished that ghastly
survivor of the prehistoric beasts.

“T think there are perhaps two
morals to this story:

“First, | owe life and limb to fresh
Eveready Batteries, that gave me
light when | had to have it.

“Second, if I had been using my
flashlight on that trail, | would have
entirely avoided the fright of my
life. No one needs to tell me now
that unexpected perils lurk in famil-
iar paths.”’

HOW CAN A DRY

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BECAUSE A ORY
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“SY SIDE 1S A MOIST
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Neg THEY SELL Baca

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down and sent a shot through the palm.
Then, pressing the gun against Rodgers’
head, Alexander had fired the shots heard
out of the darkness, the shots that had
killed Rodgers and that had started the
telltale drip of blood that had led us to
the scene of his grave. When the wagon
reached the cabin, Alexander ran in and
waked the women and men sleeping there,
Tom went on. He ordered them out to
the wagon where he seized the body of
the murdered man and dragged it to the
ground.

“There it is now,” he snarled, turning
to Maggie Rodgers, the dead man’s wife.
“That’s the price I've paid for you.”

Then the slayer picked up an axe and
slashed Rodgers’ body. At the point of
his gun, Tom said, Alexander ordered
the men to bury the body.

At Haynesville that evening, I phoned
Sheriff Coleman who had just reached
Homer. He told me to turn Watkins
over to Deputy W. L. Stone, which I did.

Haynesville was in an uproar. News
of the murder had brought hundreds of
men to town to swell the crowds already
milling there. Before starting to Homer,
Stone took Watkins to supper. People,
eager for the details of the crime, of

DETECTIVE

Far back in the swamps under a mound of mud,
the body of the terror’s victim was found in the
shallow grave shown above.

whom Rupert Peyton of the Shreveport
Journal was one, crowded into the restau-
rant. The story they listened to caused
the indignation flaming against the ab-
sent Alexander to center on Watkins, his
supposed accomplice. Stone saw what
was coming and, jumping up from the
table, rushed the prisoner to his car.

The sinister cry of “Let’s get him,”
swelled into a roar. Stone and Watkins
sped out of town just ahead of a mobiliz-
ing mob, the majority of whom, failing
to find cars, ran to the station where a
train had just pulled in. At the point of
a gun they forced the engineer to take
them to Homer.

Escape With Prisoner

EANTIME, Sheriff Coleman,

tipped off by Deputy Larry Sales,
was rushing toward Haynesville to meet
Stone and the prisoner. The cars of the
mob were close behind Stone, but the
trees protected the officers from view
when they'transferred Watkins to Cole-
man’s charge. Stone drove on; but the
sheriff headed into a side road where he
abandoned his car and with Watkins
plunged into a swamp. They could hear

»--
Former Deputy Sheriff M. B. Lay, co-author of this
story, took a leading part in the manhunt.

the mob roaring down the road hot on the
trail of Deputy Stone.

“Now, Watkins,” said Coleman, “we
have four miles of this swamp to cover.
I’m going to take care of you as long as
you don’t start anything; but if you do,
I’m going to kill you.”

Toward morning they reached a farm-
house and from there obtained transpor-
tation to Ruston, where Watkins was
lodged in jail.

Meanwhile the mob, some 500 people,
surged into Homer. Unconvinced by the
jailer who assured them that neither
Alexander nor Tom Watkins was there,
they tore a hole in a wall of the jail and
went in. Cheated of the men they wanted
they turned on the other two prisoners.
Heavy implements tore at the lock of
their cell. Heard on the outside of the
jail, the sound brought some of the cooler
headed men to their senses and galvanized
them into immediate action.

“Stop that mob,” yelled a voice. “We
don’t want them boys lynched.’ Sud-
denly a tall man, wearing a ten-gallon
hat, stepped forward and in a foghorn
yoice commanded: “Follow me!”

Rupert Peyton was one of the volun-
teers who scrambled into the jail and
started forcing their way up the stairs
now creaking with a maddened throng.
When they reached the cell where the
terrified prisoners awaited their doom,
Peyton and the tall man found themselves
alone against the mob, their supporters
having been crowded back. Almost as
frightened as the prisoners, themselves,
these two, bent on preventing the horror
that threatened, descended on the men
hammering at the lock.

“Give me that ax!” thundered the tall

(Continued on page 52]

ASHLEY, Leonard, black, hanged at Hahnville, La., on 12-15-1893,

On August 3, 1893, Governor Murphy J. Foster of Louisiana signed.a death
warrant to Sheriff of St. Charles Parish for the execution of Leonard
Ashley, who’ had been sentenced on May 22, 1893, to be executed on Aug,
25, 1893.’ Subsequently he,was reprieved and a’new warrant was signed

on November 15, 1893, setting a new date for December 15, 1893.

"LEONARD ASHLEY: HUNG IN ST, CHARLES; THE SECOND MURDERER EXECUTED SINCE.
THE WARs THE CRIME WAS AN UNPROVOKED KILLING OF A COMPANION$ WHICH ASHLEY ©
ADMITTED, GIVING INTOXICATION AS EXCUSE; THE CONDEMNED MAN APPEALS |

TO HIS PEOPLE TO BE RIGHTEOUS AND GOES BRAVELY TO HIS DEATH, Leonard Ashley
was hanged in St. Charles parish jail yard yesterday afternoon tor taking
the life of Charles Coleman nearly two and a'half years ago, It was the
second execution under warrant of law that has taken place in the parish
since the war, The first was that of David Underwood, colored, on Feb,
2hilast, for the killing of Fran k Winters, a negro, at Boutte. This
naturally caused yesterday to be a very busy one in the vicinity of the

old courthouse. Harly.in the day the crowd began to congregate, Sheriff
Louis Ory was determined to observe the strict letter of the law by |
granting admission to no more than fifteen outsiders, They were as
follows; @nd with Dr. Victor .Lehmann, the coroner of the parish, were sworn
in as witnesses: Abe Silber, T. J. Sellers, W. D. Tinny, C. Chaix,

Rogemond Troxter, Paul Caillot, Simon Mitchell, Daniel Taylor, P. N,
Bossier, .Jas. Champagne, Frank Paris, Jas. F, Rourgeois, Polite Petersen
and a ‘reporter, Sheriff Ory busied himself about the ‘preparations and —
details, meeting with able assistance from Chief Deputy A, Madere and
Deputy.Robert Pierre in maintaining order and decorum among the crowd

that were not vermitted-to enter, which was composed in the main of

colored people. , The work of the executioner was prompt and effective,

and, in fine, everything wes done to make the last moments of the condemned
man appear as cheerful as the gruesome .circumstances would permit. The
crime for which Leonard Ashley paid the death penalty was committed on

Aug. 1, 1891. A number of negro hands employed on the Killona place =:

one of Richard Milliken's plantations in St. Charles Patish, about thrity-
five miles from New Orleans =- were congregated in one of the cabins
‘shooting craps.'; One of the laborers, Charles Coleman, had come into

the place with a bottle of whisky, which he lsid on a table in the -room,

Coleman became wrapped up in the .game, and was unconscious of the fact

that some of his fellow-players were enjoying draughts from his bottle,
among the other purloiners of ‘the liquor be irie Ashley. When finally
Coleman desired ‘to refresh himself with a drink, he was surprised and
chagrined to find that the whisky had been consumed. He blamed no one
in particular, but said that if knew the man who had drunk it, he would ~
beat his face in with the bottle, No one paid any attention to the remark
except Ashley, who without a word of warning or asking for any explana-
tion, immediately drew a revolver and fired, Coleman fell, and died
almost. instantly, The bullet had entered over the left eye and lodged ; |
in the: brain, In the confusion that followed, Ashley made his escape,
Sheriff Ory, as soon ss informed of the crime, made a thorourh: search
of the; vicinity without avail, and the fugitive succeeded in eluding
arrest.un'il last May, when. he was apporehended near Donaldsonville, As-
cension Parish, He was tried before the twenty-first judicial district |
court, at;-St. Charles, Judge, Emile Rost presiding. During the trial he ©
was represented by Hiddleston Kenner , Esq., of St. Charles, This pen- °°
tleman was subsequently joined by Richard McCullough, Esq., of Donaldsonville
in an endeavor to secure 4 new trial for the condemned man, The defense set
up by Ashley was that he was heavily under the influence of liquor and
did not know anything of the occuvrence, Judge Rost overruled the motion for
a ne# trial, and the matter was appealed to the supreme court, which

irmed the deci t
There were Sogeral delays ih Careying PRs Ceath Wa etaht Peeo MS LesGETCH-
occasioned by attempts made to secure a commutation of sentence for the |
doomed man. There were hopes held out to him until last Sunday, when he |

NEWS

BsTAPE

fromting south on Krad
wd Sih. als , tw ta
oa]

The above property
Y Satings ttaek. ant
gah. for | ) an’ Years
TRUERE ART 44
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iMAN, Direct Importer

RENT.

, twwatory Duildioe on

hiand SHY. inquire of

§ eornmer Oenter and “NV

y,egit room house
SCOTT & LEVI

> Hat “or Theatrivals
in, ete. Terris reasoa
ALF. WEIS, President

shed root. with ar
« [31 atreets
Mre 1. BANDAL!
furniatie?d roone Con
‘ sy boarders want
rehacd, 2 < Market
giog. $1.0 per werk
MreeGOMBERT'S, Wich
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THE GALVESTON DAILY

FL G. Pryor, Carrollton; Geo. BE. Cheney, 8%
Louis; H Halle, Terre Haute, Ind, ; John W.
Hiv, Atom er¢ek, Hastrop county, Geo Baok,
| Denison, P. W. Lancton, Texas, KE. T. House,
| Ban Antonio, F. W. Bonner, Kusk
At the Girerdin—George Bartels, Jr., Chi-
cego Wy. Coben, New Orleans, Thos. Sutton’
2 MoFarland, Sealy: E. J. Bandmeyer, Co-
lumbar Captain K. Kelley, Jr., Massacha
retts J.W. Covington, Dallas; Geo. A. Mo-
Dowell, Houston; 1. Keya, Montgomery, Ala ;

( Hi. Waterbouse, Wharton; J. P. Woolsey,
% M. Wooleey, Oakland. EK C. Thornton,
Gordon; O. P. Perkine, J. BE Routt, Chappell

Ail

Pro Beso Pablico
|}. ‘The wheels of the coal trade, clogged as thry
bave been by the restrictions of a@ pool, af

|; ©pee more running smoothly, and we tak»
} Pleasure fo annouweing to our friends that wo
| C@n sell coal at prices which defy competition,
We refer to our card on first page.
Water & Fow.en,
{ OMce corner Twenty second and Strand,

Preurauce Notice

In solterting the patronage of the public, I
ex to Inform. them that | have agente {no nar
) every city and town throughout the state
f Texas who will cheerfgily accommodate all
perties deetring assurance. Correspondenve
with my office direct will have very prompt
attention,

Lappy M. Waters, General Ageat,
Acgiient Inaurance Co. of North America,
: and

tquitable Life Amurance Society of the U. B

Fall Assortment of Hand Mirrors,

at from t 50 per cent, leas than old
prices.

J. J. Bcnorr & Co., Big Deug Store,
} Market street, near the market,

Wrtts, Faroo & Co.'s Express having
commenced service on the Houston and Texas
Centraf railroad and its branches, are receiv
ing and forwarding by swifest trains in

charge of special pean gh money, valua
bles and freight, and t the generous sup-
port of the public, promising satisfaction as

to time, rates and the adjustment of claima
Office corner Tremont avenue A. °
: (ure for the Deaf.
Pees 's Parexr improven Cosmiowep Ean Daves
PexrectlLy Kestrore Tue Hearn

and perform thé work of the natural drum. Al

in position, but invisible to others and comforted
to wear All copversation and even whispers dis-
tinetiy heard. We refer to those using them. Bend
for ilustrated book with teetimontals free. Address
F. Hiseox, 833 Broadway, N.Y. Mention this paper.

BOZODONT the ladies pride,
Only rivale it deride.
Zephyrs of flower laden air,
Only with it can eompare,
Doing good to everything,
On every side its praises ring:
Begiect to ure it, ladies won t.
They al! must have thelr SOZODONT,
Firs. —All Fits free
Nerve Restorer. No Fits after

Fit cases. Send to Dr Kline, $81 Arch st, Phila.,Pa.

Brown's Bronchial Troches for Coughs ant

onhts “I think «them the beat and moet con

vepleet réejef extent Reet M
h

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Humphrey,

Tux delicious fragrance, refreshing coolness
and soft beauty lmparted to the skin by loz
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I » euffering from psetiralgia, Indigestion or

ervourcess fini speedy relief in Parkers Tonic T
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The servies Capital,
bomas Stevens in Outing

Belgrade is a strongly fortified city, oceapy-
ing « commanding bill overlooking the Da
note itis arere old town, battle scarred and
rugged; baving been a frontier position of im
portance in a country that bas been debatable
ground between Turck and Christian for oon
tories, it bas been @ coveted prize to be won
on the diplomatic chess board, or

1’ inet
era ioe

Al € fresa
mr} . ang larct
jer gag « at
] BOONER
arkrt « mete ftlice
i |
DS,
gp WRioN SEED
TL rtscoend ¥
Ww line of

Veliabie (harden Peed,

y
A. FLAKE & «oO

woree etill, the football of | contend
re armies and wrangling monarchs
lacg before the Octonian Turks fitst

appeered like a small, dark cloud no bigger
than a man’s band, upon the southeastera hori.
ron of Kurope, to extend and overwhelm the
budding flower of obristianity and civillzstion
io these fairest portions of the continent, Bal-
arade was an important Roman fortress, aad to-
day itenational’museam and antiquarian stores
sre particularly rich “In the treasure-trove of

INO.
ar wire ; pt atter
« pPlanoe
vr, Market aol 204 et. |
TACHINDs. |

Domestic. New Home
i eAay terme id A

EB Dulits, 1 PO. ot
PRY HOTc.

Bd Vertical Kogines ati 4

Cnginew in the market
n Pipe Fittings, tirease

ecklog, Bridge awd
Maher and Cutten Yar

JPRS AST A!

Hyszantine anti;ultles, unearthed from tims to
time in the fortress iteelf and the region roand
«bout that came under its protection. So pleati-
ful. Indeed, are old coins and relics of all sorts
at Belgrade that, a« 1 am standing looking at
the collection in a window of an antiqaary
rhop, the proprietor steps out and presents me
armal!l bandful of copper ooias of Byrsntium
asarortof bait that migbt perchance tempt

| metoenter and make a closer examination of

bis etock, By the famous dog J of Berlin the
Servians gained their complete fodepent
ence and their country, from «
principality, paylog tribute to the sul
tan, changed to an independent kingdoai with
a Servian On the throne, owing alirgtance to
notedy, andthe people have pot yet ceased to
} sbow ine (bousand ways their Lhoroug

ha } ef

SATURDAY. DECEMBER 12,

teen

THROUGH THE TRAP.

John Alexander Pays the Penalty
at New Orleans,

The Culprit Approaches the Seafola Protesting
Mie Innocence and Dies Game—lttstory
of the Crime,

[Arectal TO Tre News.)

New Orveans, Le, December 1/,—Jobn
Alexander, convicted of wife murder, was
hanged iv the parish prison at 12.30 to day.

The execution was private, as the law di-
rects, there being only fifteen witnesses.

Asa rule, on cecasions of the kind, the negro
portion of the population exhibits the Hveliest
curiosity and crowd all the approaches to the
piisop. To day there was a potable absence of

the urval excitement and the streets eurround-
ipg the jail were completely deserted,

Just before the execution, as Alexauder was
betng led from the condemned cell, he a
tested bis innocence of the crime for which be
was to be ¢xecnted, but said be did not fear
death and would die game. Turning to those
present, with much ferver, he added: ‘ You
see tbat eum shining out there! Well, where I'm

oing it's bright like that all the time, There
sno Monday there. It's all Sunday. Dey is
pot going to have any trouble wid me, (on the
gellows) I ain't going to hold back ; l’se going
to push forward. I will meet the ship of Zion
that is pow anchored on the river Jordon, and
will sail away to the happy land of Canaan.”

Alexander was led from the condemned cell
to the chapel, where Father O'Callahan and a
Rieter of Mercy prayed with him. He was
then placed on the trap and the black cap and
noore adjusted. He had promised to die game,
and be did so. The preparitions for the
supreme momeut were witnessed by him with-
out any exhibition of emotion, pk fog awaited
the spripging of the trap without a tremor.

When the executioner, concealed in a cell
below, cut the rope, Alexander's body shot
down a distance of sight feet. wasa

den jerk, the neck was dislocated, and after
a muscular contractions all was over.
THE CRIMINAL AND HIS CRIME.

Alexander was a large, powerful-looking

ravege expression of countenamce, The crim»
for which he wae ha was of the most
atrocious character. A lived with
bis wife on the Stanton pianta.ion, below the
suburb of Algiers. In February last the wo-
man was missed from the place, and the sus
picions of the other negroes on the
were sroused after ber continued
are 3 oa Oa the 27th the *

ormed of the suspicions of the ne and
Bergeant Pujol promptly btobeans ov yo Alex-
ander’s house to in ate the matter. When
the cflicers arrived there they found the house
closed. In response to their demand for ad-
mittance, Alexander replied from within that
be eculd not open the door as it was boarded
and nailed up. While the police were forcing
en entrance, Alexander jumped from a rear
window and ran toward the woods a short die-
tance awey. His flight was discovered and he
wae pursued and captured. The house was
then entered, and abundant evidences of a
fearful crime were presented. In one of the
rooms a bloody murquito bar, blanket, shirt
snd chemire were found, while great splotches
of blood stained the floor,

for
wore in-

ctime before them, the police charged Alex-
sender with the morder of his missing wife.
He admitted that they had had «qu three

could be found, bat

d and concealed by
The head was en

The above facts
the trial, and be was
tenced to death, No testimon
ferse was vced, After the
der denied that he
hilled bis wife.
to ber death, but asserted that she had «
tela day oriwo before with

that be bat
been charged with the crime in order wo get
bim out of the way. The genera! hellef fs that
Alexander killed bis wife ina ft of jealous
rege.

Eiplersiion of we leadien Meand

4 .

negro, ve black, with woolly hair closely
cropped, kinky mustache and goatee, broad .
and flat nose, and with a rather than

Aw Oregon Farmer's Letter

(To the (Courier-Journal |
Zune, Polk County, Oregon, Novem! er |4
1885,—The Covrier-Journal js the only paper
that con.es under my observation which is
ontepoken and firm on tartff reform. It seenis
a jittle strange that the united Democrati¢
rees does not ree that the issue of tariff reform
i the only tional vulnerable point the
repoblican party bas that they are unable to
meet in fair argument. Bat Democracy
allows iteelf to be drawn into an obsolew
argument in vogue twenty years ago. You
may leedahorre to water, bot you can not
pot bim drink; se with the negro’s voting.
If the negro does not wish to make nee of his

litical franchise, whose fau Is ft!
ut Democracy should stand on a
bigher plane, and oye the bloody
ebirt talk, which is only made to retrain

leaving a sinking ship. Let
the Democratic party stand for tariff reform
and purity tn office, and If defeated go down
with their colors flying. ‘‘ The man who fights
and rune away, may live to fightanother day.”
It should be, and mast be, explained to the
American people that there is is a too great
discrepancy in the prices of eultaral pro
ducte and manufactured products, that the
dircrepancy bas impoverished the farmers to
svch an extent that in many places land is not
worth one balf of iteformer value. Why mast
we pay euch beavy tax on tinware, sugars,
juteware (which is now extensively used by
farmers for grain binding purposes), woolen
goode and frooware! Whenever the Demo-
cratic party sballshow their earnestness in re-
Cucipg the tar.ff on the above named manu.
facturing goods and wares, then thefDemo-
eratic party will get plenty of accessions from
the Repo D party.

The administration hae already the good
will of the best element in politica. Allow an
eld, disinterested farmer to tell the truth in
the war egainst the Chinese. 1t must be well
known to you that Oregon has made a desper-
atecffort to persuade emigrants to come to
this State for settlement, and many have, and
otbers are vet responding. That Oregon ex.
cele In climate, wheat, wool, fish and apples no

rete from

bave them aseuch, By this time the
white laborers are to form « league for
the purpose of driving labor out of em-
loyment, if ble; but the

inamen bangs on like s and the capi-
taliet and tiems are su him,
a pre ar eee fast and will see
™ throug Then the corporation preas be-
ins to bow |, capitaitsts chime in, and now we

there is an irrepressible conflict going on
labor end capt-
tal; iabor, Unquestionably, not receiving {ts
full reward except on the farm The farmer
s)mpatbizes with the laborer, because be
knows by e lence how it feels to be robbed
by the combination of goveroment, mann/{ac-
turers apd corporations governinent taxing us
exceedingly heavy and corporations taking all
the traffic will bear. Bat we trust that Con
grees will do something to relieve us. te
Groner H. Etcrks.
seinen scugdiamncs Re

O44 Tricks
[Harper's Young People
If you want to see curious sleight-of band

performances, you must go to India. NN»
Jog giers In this world can compare with those

wisards
vggter is clothed only with a strip of muslin
around bis body. His limbs are
bere, He stands in an open court with.
* gras plot, or the ofa
midst of a ring of

with Intent watchfulness, he
the tricks which look liks

you bis empty
~—— ie nothing in them
sup two or three pebbles,
fo together and pranentiy there ie
er rupee.

Again he shows you his bare hands picks un
ther breaks it in two, or eels pa
#0, end there aretwo coins. He breaks tbeee
egaio and egain until he has ten or a dozen,
end where the money has come from or where
he bad {it hidden, no morta! can tell.

mysterious one. The basket ts shown you

| Commerce

who tice their curious art tu Bf Bas the seocecasts:
swan tien t that far ! .

They bave neither curtains nor tabies rE old controvers
boxes por drawers, nor do they wear loose i east of Green
embr mantles with large sleeves. as ortbmen, who built
western weusily do. An Indien | > °*',“ **! ip the ear!

decided vegatively by
* 3 Cilion sent out In

fearch for tt he
Perron * by

Tioker
from trates or oceup

ADDITIONAL

The basket trick is a favorite and very | ‘

Liqaer's
Chk
It le worthy of o
in lowa and Cieor
etroction of their
ectments, bave take
ment to the constit
ternth, which was
negro bis rights as
thovght at the tir
mocb tuterest to an
Vrevicus to the a
emendment the ! af
decided in a numte
nothirg in the fed
be right cf a Brate
hibit tbe manufact:
but It bas since beer
iquer interest tha
ment covered the «
this provision of th
thall make or enf
abridge the privile
vene of the I nited
deprive any person
without due process
person within ite
tection of the laws
bibitory emendimen
bes literally cestrs
breweries, distilert
in the manufacture
ere by the legiriati
United States Supr
tbe claure of the f,
quoted, anc sinzu
clata of people In §
lerclaim. Attber
it was decided that
county should be at
victime of thie ballp
ried the matter to tt
the theory that the
trade not only viola
ment, bot ie aleo in
of the federal cousti
there shal! be no ree

A brief peruea) of
by the | nited Hta
an analcgous case
will cony the liq
Georgia they b
teking an appes! to
the exe said: ' Th
overwhelming that
heretofore exioted
atelatores from
{ting the traffic in
solitary exception.

case cf a jaw operati
ip existence at the
lutely prohibiting ir
priving the owner 0
care bas it been beld
as the pri
citizens cf a State or
however such a prop
we thipk that the
figuors, s0 far as sac
of the rights win
United Bark.”
this feature of the
tive enactment cam
Police powers of the
This and other 4
position on the part «
the States a wide iat
character” In cases
tbat practical conf
resulted ‘without
possible that under t
rome relief tnay be
perty actoally in exis
peered, bat none wha
rigbtco? prentbitien
amendment result in
on liquor tpanufartnd
P their hisses, by rea
eof more value ¢
been tothe race r

bey found no traces
A® ivvestigator of
bas
ever bore
Painter, Hts
Carpenter a

found

TELE

NEW CRLRANS
New Onieans
hate

Decer

empty, Itis turned upside down in your
got You know perfectly that there {s
nothing bemeath it but the JOggier sins «
little song, * Mieow! mieuw is beara, he |
lifte the Mitkas and out ips acat. Some
times instead of ‘miews’ one hears the bark
ing ¢f a dog or the cooing of & dove, and ous
these «merges intsead of Madame Fue

’
Moreamaxing stil it is to see pus there by
bervelf at one poor i oe:

getting out of jail.

had not the slightest fear of death, but rather courted it as a means of
This is the first judicial execution that has taken

place in KeRKE Concordia Panish in ‘eleven years’, ayid the scaffold used

was thes

same upon which the last murderer was hanged in the parish,

It was

the concensus of opinion among whites arid blacks that his. fate ‘was ‘
ust.end most deserved “ONG o,

TCAYUNE, New | MLA Seiene, Loui sien ay October “Bj 1896.

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cr PAT ey

ARMSTRONG, “Sam, black, hanged at Vidalis, Les, October 30, ‘I606. 1

"THE LAW VINDICATED./SAM ARMSTRONG HANGED AT VIDALIA FOR MURDERING HIS
WIFE./(Special to the PICAYUNE. ) Vidalia, La.» Oct, 30, = Sam Armstrong
the negro wife murderer was hanged ‘in ‘the Concordia parish jail today in
the presence of the requisite number of witnesses. The doomed man was
baptized in the morning, and professed his perfect willingness to die,
He was led from his cell at 12 o'clock, when the death warrant was read
to him, He ascended the stairs to the gallows with a firm tread, and
upon reaching the platform he was asked if he had anything to say. He
said he wanted to thank the sheriff and jailer for kindnesses extended
to him. He wanted to bid everybody eood-by, and to say he had no grudge
against the court, nor its officers; that they had only performed their
duty. His talk was disconnected and disjointed, and he had to be
stopped, The black cap wes then adjusted, the noose placed about his
neck, and at 12:1) the trap was sprung. The drop was 6k feet, the neck
was broken and death was instantaneous, the pulse ceasing to beat in
nine minutes, There was not a tremor in the men's body after the drep
fell, not a convulsive movement, nor 9 particle of muscular twitching,
The job could not have been more perfectly done. The body was then
turned over to the friends of the deceased. Sheriff Gillespie is to be
congratulated for the decent and orderly manner inwhich he had arranged
for the affair and for the decency with which it passed off,

"The crime for which Sam Armstrong expiated to-day was that of wife
murder, and a brutal murder it was. Armstrong and his wife resided in

the little town of Vidalia, but as they could not agree, she left him
and began oer ae for a white family. He made a number of efforts te
induce her to return to him and resume wifely relations with him, but she

turned a deaf ear to his entreaties and spurned all of his advances,
Sam began, so it is stated, to think that she had taken up with another
man and this aroused his jealousy, So one day in August, 1895, more
than @ year ago, Sem borrowed a pistol from a friend of his and lay in
wait for his wife just after dark, He had murder deep in his heart,
as the sequel shows, He had not waited long before his victim,
accompanied by another woman, appeared upon the street, The poor wife was
BRHEK BEX RABY AXHH HY X TAK KKK $% A HA XKK KK KK KAIBA AHH KEY KE XA AX HAA KAW
chatting with her companion, little dreaming that she was soon to be a
corpse, and that too, at the hands of her jeslousy-maddened hus band,

When the two women reached the place where Armstrong was in waiting, he
stepped in front of them end asked his wife if she would consent to re-
tupn to Ki and live with him. She told him positively no, she would not,

whereupon he drew his pistol end fired a shot at her with unerring aim,
She fell to the epound, when he fired two more shots, each taking effect,
and her death wes slmost instanteneous, The murderer then fled, but it
was only a short time before he was apprehended and placed in jail. His
trial followed shortly after, and he was convicted and sentenced toe be
hanged. A stsy of execution was secured on the plea that he was insane,
and 4 commission of medicel experts was anvointed duly and properly te
inquire into his mental condition, and they (at least éhe majority of
them), decided that he was mentally seund, but densely ignorant, A
further stay of execution was granted in order that the board of pardons
of the state might be appealed to . The board refused to interfere, and
the parish authorities then awaited the action of Governor Foster in the
premises, and a few days since the governor eaused the issuance of the
death warrant and fixed the date of the hanging. Armstrong was a short,
chunky, black negro, who showed more of the brute than anything else, and
never at any time seemed to realize the enormity of his crime. For some

deys prior to hts henging he was hoping for the day end the houlkSEXEKE of
the execution to come, saying that he had made his peace with his God,
and knew that he was going straight to the arms of Jesus, He apparently

realized that they were vain and then became reconciled to his fate.
Since then he has*evinced the customary religious fervor of. the negro
who realizes that there is nothing that will save him from the gallows,
His, parson, Rev, Simon Mitchell, of the Methodist Episcopal Church, at
Hahnville, has been with him almost constantly, and together they vassed
the time in praying and signing, In this almost frenzied religious eon-
dition Ashley passed the whole of Thursday night. Yesterday morning he
partook of a.licht.breakfast, consisting of a young chicken and a small
portion of wine. He spoke to a reporter, first in a rambling sort of
way, 9sbdout being now ready to meet his Jesus for-quite a while, After
considerable persuasion he quieted himself to speak of the occurrenée
that had forced this horrible fate woon him, He said that if he had
been as good a man then as he is now that thing would never have happen-
ed. He should never have gotten drunk, nor should he have.gambled,
'It's all over now,' he said, tand I have got to go. But let me tell
you that I- never knew what I was doing when I killed that man, I had ne
grudge against him, for I never knew him before. I never knew’ exactly
what I was wnated for until arrested at Donaldsonville by Mr. St. “artin.
"Since that time I have lived in New Orleans, Iberville and the most of -
the time in the parish of Ascension, Mr, St. Martin, who knew me well
all the time that I lived in Donaldsonville, will tell you that I am a
quiet, peaceable darkey. He was surprised when he heard what I was wanted
for. They pained me up as a regular desperado, If I was, do ‘you think |
that I would give them such an easy task in taking me? I never made
any trouble with anyone, But it's not going to do me any good to say all
this now, for I've got to go anyhow, and I'm going to go dead game,' He
kept his word, At 12:30 Ofclock, Sheriff Ory, accompanied by Dr. Victor
Lehmann, coroner of the parish, together with the sworn witnesses, new
paired to the jail and read the death warrant to the doomed man. Thw
executioner then bound his hands behind him, and without a falter in his _
step Leonard Ashley was led out to the erim-looking gallows, . The minister
prayed and chanted with Ashley, and he began to address those who had
assembledoutside the vrison pailings, He cautioned them against evil 3
doinc, for the wages of sin are death, By living the lifeof the richt-
eous, they will be in the true path, which he had discovered too late, °
He felt that his sims had been forkiven him, and that he was about to
enter into salvation. Rev, Mitchell followed with’ an address, advising ‘
all to live up to the laws of the land, and bade the ill-starred man
farewell, At 1 o'clock the rope was cut, .and the body of Ashley was
plunged into space,. his soul into eternity. On account of his being ‘so
powerful and large, his neck measuring fully 17 inches and one mass of
muscular layers, death was caused by dislocation, There were some few
convulsive twitchings for about ten minutes, In tweaty minutes he was
pronounced dead, and at 1:30 o'clock the body was cut down and turned ~
over to Parson Mitchell to be buried at the expense of the parish,
Ashley was#X# a splendid specimen of man physically, developed through
laborious work. He had been employed as fireman on different planta-_
tions and. was regarded as an excellent workman. ' He was over 6 feet
tall, and weighed 190 pounds, There was, perhaps, only one great defect
Fin his almost symmetrical: formation, and that was the short, thick-set,
muscular neck, While quite dark, he had rather a good looking face, and
when his. lips: partef in smiles. or laughter he revealed a most perfectly
formed set of white teeth, His open countenance, honest eye and frank
manner of conversing would:make it difficult for one to believe that —
Leonard Ashley had murdered a man in cold blood," PICAYUNE, New: °rleans,
Plies Dec. 16, 1893,° : ; .

;

. & Tae

a. Ne

ag K

"i va i

‘Sam Bpara Sled on: the gallo @ yes-
“ferday. efternoen without having ex-
apy of the rkings of the

reag Mans Societys and the secrets
man tag erage a have
poesessed go with to- grave, |
ang will, ROW perhaps never be made |
Pe ic. r {
‘. The execution of Sparo was uns |
Beual’ ‘and distinct, in this that. it
was the first. hanging of an Itallan |
§a New Orleans and the first putting
to ‘death, of a Mafia bravo in. the
VUaited States, and, these facts con-
stdered, it is not to be wondered at
that. the case: attracted widespread
attention...
By" sheer force of will Spa man-
to screw his courage up to the

3 e: hanging itself, vi :
tte weactical standpoint, red trom
: Ore cesstul. ever. witnessed
yew, rieans, and Bparo died in-
Senne oh The executioner,
St. Lous,

®Pinal co
nl rst

4 “0
Lica nh » Ne
©

d New

Orleans,

nO ANTON ei

. PY ;
j ‘
4 4 V 0 pti
’ D ’
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ASPARA, Sam, white, hanged New Orleans, La., 11-28-1905,

"FIRST HANGING FOR VENDETTA: ASPARA, NEW ORLEANS ITALIAN FEUDIST,

PAYS LEGAL PENALTY: New Orleans, April 28, Aspara was executed at the
parish prison this afternoon in the presence of the usual number of
witnesses for the murder of Antonion Luciano, The crime was one of a se-
ries of tragedies zs rowing out of an Italian feud. “he fedd has cost

between six and seve n lives. It began on May 7, 1902, when Salva-
tor Luciano, brother of Antonio, attempted to murder Charles Di
Christina end Francesco Geneva. Antonio participated in the shoot-
ing, but no one was hurt. On June 11, Salvador was seated in the
rear of his brother's grocery with Antonio Lucigi Luciano, a cousin,
and Vincent Vutora, when a crowd of men invaded the place, armed
with guns and knives. A desperate affray resulted in which Vutora
and Salvador Luciano were killed and Joseph Gerrachi wounded.
Gerrachi subsequently died. Antonio was arrested, but subsequently
released,

"STORY OF THE CRIME,
He went to his home where the body of his brother was laid out, and
saw Bartolo Ferrari Standing over the corpse, gloating, he thought,
Over the bloody work of the night before. Antonio immediately in-
vited Ferrari out into the back yard and killed him, While Antonio
was in prison his wife died from worry end shock, Antonio was tried
and acquitted. e resumed business and shortly thereafter Aspara
called on him and esined his good graces. On Aurust 9,..1903,
Luciano invited Aspara to go with him to a photographer's, As they
were going up the stairs Aspara shot Antonio in the back ani killed
him, Aspare is the first man to hang in New Orleans for an Italian
vendetta murder," CONSTITUTION, Atlanta, Ga., April 29, 1905 (5:3,)

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ri
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.. Whe “feat, passed the ‘ats; Ae |
‘ound Runbolt at the foot of the ‘eal
ows. He -aprang up the ste iS .
riedly,’ and in ’x manntr ‘BURKE ft
crasy fear, bu rift Long ang "4
tain Meredith were just behing:

ready to. seize hi: should he attempt
$0 ebree Lt felt

ten feet below. Standing at the/oi
rail of the gallows were Det ea

-Coréoran and
John Doyle. ‘Offering ‘a detertined
front: acsinst any. atte pt

ing and trying scene.” Sparo w
ing his courage, and josing it r
His face was a ghastly: hue, an

¥ ap-=
h and Deputy. Brinkman
reached to support Rime. Baga
Before hands could be place ‘upon’
him Sparo Jekpea several’ feet into
the air ard came down ‘on: th av
With all his weight, doubtiess Hobing
to break -the rope- and precalpitace

Kimself to the y ed
acain, but his f he
tm RKrip: of yap
puty Brinkman; | the
Italian by citner wrist. pete RE bot
|. Sparo writhea and twisted .desper-
} ately, endeavoring to wrenc im-=.
self free, and nex
voice almost sore om ane
o“Letta go ma bands! tika
&@ man! Hit

Sparro; “Sam, b

here,” but the Ttalfan fan

} Kone to heed: any advice, and swayce
rem side to side, the

ShOWink ‘at his mouth. erted. “durry
up! Oh, urry up!" and almost n-tho
same breath he: ca ithe
crowd, “Guoda b¥e, joye,

‘ f 3 64s Pa
Sheri? Long ZAaAVe a signal ‘tha

Deputy who w ard
No. 7, and. the to
80M6 One in. th ent:
luter a Dilack-robed figure ste jaiy
climbed the steps of the menftd | a

of |

#t0Ood behind Svrtro. like an an
eath. -

a ; if : tishl }
Bparo seemed to feel the présence
rather than hear its a proach} ana,
turning; he Writhed In tew terror: at
hi Sight that met his muse. | t
ohnson?"” yelled th prt :
‘Hurry up! Hurry un! Getta, rou’
Guicka!” “Johnaan qQuickty bou
victim's hands and feet, reached for
the dangling rone, ‘onened th r)
and Bparo threw back his head 9 the
hemp. In deacending. scraned i his
eure, ‘ ; a fate : ae
A. groaning, moaning evur: liwas
coming from between the ft fan's
frothing: ii f, and Jotioston few
} that to aveld a aceane even moh tir:
| Bethan wae the belig Oqartad

69. sone of the moet: fanitng |
a i nal. ‘In ‘the ‘history

“‘Bpardn ees ie ‘feud? Has th en

c
Angolyed. in
bg detta obta

-. Tit some rdanin
they Incurtpa.

¥ ¥ as ae me
; Es ee he 1? toed
Bo tt, Say eee ott,

atory. ‘Prep- |

the interment
and) Antomo
©. 90. sarrows
the loss uf: his

‘waa

. Sore on P

were: but ide ropie.in snttondance.
Pear aeppenred.to have @ken. possen-
‘Non of thd fri

of Dryades and
% entered the place. Strid.

of tha voung
served the ace.

nthe rear,’ae before
ony. Lueclano

Gateway separat
And the rear of
Proceeding: to the
factory, he each
hig hand

eoeble:s

| 80TH BARRELS INTO FERRARIS

i2.<. QUIVERING Roby,
and. then AFasping ibe gun by the

y RUZ, HE wrgugut: it ®owm wita futi

POorce ahd | veng oanice: On the “dying

mans head, UrUsiuing (tole PUlpe ow
tal OO COCe Of pulice Olicers hud bean

| Gciatled t6 attond the funeral, Toru
) €*Newal Of tne, seug Wan teared; tin

fact, was Dradicteg, 80: tne smoke uf

‘the, gun head ‘noc yOU cleured wmway

When: several Officers; rusneg In-and
arreated Lony Luciano. the Kipling
of Ferrarl cayeca: ail the men present
to fy, and: volunteers: from «uround
he market and tha, Doltce ‘bure Che
ody: 1b the” nearse. Thus). ended
scene Ih. a sie
Now thé scene changes. Tony. lna-
Clano is -@ “prisoner. im. the Marish

i Priaon charged With the murder. of

Bartolo Ferrar]; Joseph, Calamia: ina
Hiso*a prisuteroin the bdme ‘prisons,
char@ea yal fy the murder Qf Salvador
Ludciand, pilt Poet have friends wut.
Bide, nnd thene lends:-were friends
jn alfe or denth. Tony. ducjano’ p
business In ah | country was broken
Up by the Cragédios enacted. here Fe
had @ goodly amount: of outstanding
bills, and sént friends to Collect, the
egeditors bein principally Itallang
bf Bicitians. ‘They did not think it nt
al) necessary. to pay ther debtm, or at
ary rate the majority of tham were

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| SPAR Bas MPEG

x yanged New Orleans, La.

ex | KKamranh Bay, via Sal. +a, Cochin-
end China, April 28 —The Ru’ -:an squad-
_thel uetine oF SOUTHERN Epirong 705 wit Hs tranglorta 1-0 Ti dae
alas | AND PROPRIETORS TAKES stopping place Wednes¢ evening
N PLACE ON MAY 2. for an unknown desti»tlon. The
warships were provisioned for six

ss § 3,005;

;
=

-¥
ott
a

Charlesten, S.C., April 27, 1905.
To The Item:

he people of Charleston anticipate
the meeting of the Southern Newspa-
per Publishers’ Association in this city
with a great deal of pleasure.

The convention will assemble at the
Charleston Hotel on Tuesday, May 2.
at 12 o'clock. After formal greetings
from the mayor of the city the mem-
bers of the association will be taken
to the Isie of Palms, where they will
be entertained at a fish luncheon to be
"served by the Charleston Consolidated
Fleetric Railway Co. After lincheon
the members th eassociation wiil
vialt the Government Reservations and
fertg on Sullivan's Island, and
then be taken to Fort Sumter and on a
tour of the harbor and rivers.

Tuesday evening at 9 o'clock a re-
ereption will be tendered the members
of the association and the ladies ac-
companying them at the Commercial
Club, with music, dancing and° re-
freshments. ; te

On Wednesday morning, May 3, the
convention will hold a session for the
transsction of such business as may
havo been arranged for it. In the aft-
ernoon tho members of the association
will be taken on a trolley ride ahout
the elty and out to the navy yard, and
Wednesday night at 8:30 o'clock a
banquet will be served at the Charles-
ton Hotel in their honor.

It is desired that the members of
the association shall reach Charleston
on the night of Monday, May 1, and
that they shall make their arrange-

and 3, both days and both nights, the
committee having prepared such en-
tertainment as will make the visit of
the newspaper men entirely agreeable
to them. :

The headquarters of the association
will be at*the Charleston Hotel, whers
a special flat rate of $3 a day has heen
made for th’? members of the associa-
tion, the proprietors of the hotel hav-
ing placed at the service of the mem-
bers of the association the hest rooms
jn the house. It is hoped that every
member of the association, and repre-
sentatives from all the other southern
newspapers n tonow affiliated with the
association, will be present. There will
be abundant welcome for all who shall
come and a jolly good time, ;

L. M. PINCKNEY, Secretary.

THE PROCEEDINGS
/,RE PREPARED

St. Louls, April 28.—Contest proceed-
ings have been prepared by Judge John
A. Talty, defeated Republican candi-
date for mayor, against Mayor Rolla
Wells and will be filed in the circuit
court, it is sald, as soon as the no-
“ce of control which has been filed

\ tho sheriff's office, is served upon

nyor Wells. A list of 1,500 alleged

Jaudulent voters Is made part of the
tecord. Mayor Walls’ plurality was

Q 471, ) : a
e3it a ‘eves %

will |

ments to stay In Charleston on May 2,

, rs

months, and it is thought here that
they were bound for Vladivostok by
Four German col-

| way of the Pacific.
\liers arrived at Kamranh Bay too late
| to proceed with the squadron, but
they subsequently sailed in the same
direction in efforts to catch up with
it. Vice Admiral Nebogatoff’s divis-
‘ion was expected to arrive yester-
iday in Indo-Chinese waters, where it
‘is believed the admiral will receive
instructions regarding the place where
‘he is to effect a junction with Ad-

imiral Rojestyensky, whose squadron,

besides twenty-five warships, includes

a repairing ship and a water tank.

SAM ASPARA HANGED ©
Iv’ NEW ORLEANS

New Orleans, April 28—The crime
for which Sam Aspara is to be hanged
here today was the murder of Antonlo
; Luciano, one of a series of tragedies
srowing out of an Italian feud. The
feud has cost between six and seven
lives. It began on May 7, 1902, when
‘Salvador Luciano, brother of Antonio,
jattempted to murder Charles Di Chris-
!tiana and Francesco Genova. Antonio
| participated in the shooting, but was
jnot hurt. On Juné 11 Salvador was
Seated in the rear of his brother's
grocery with Antonio, Luigi Luciano,
/a cousin, and Vincent Vutera, when a
/erowd of men invaded the piace armed
| with guns end Knives. A desperate
| affray resulted, in which Vutera and
| Salvador Lucanio were killed and Jo-
{seph Gerrachi wounded. Cerrachi
Subsequently died. Antonio was ar-
rested, but subsequently released. He
went to his home where the body of
'his brother was laid ont and saw
Bartolo Ferrari standing over the
corpse, gloating, he thought, over the
bloody work .of the night before. An-
tonio immediately invited Ferrari out
into the back yard and Killed Him.
While Antonio. was in prison his wife
died from worry and shock. Antonio
was tried and acquitted. He resumed
business and shortly thereafter Aspira
called on him and gained his good
graces. On Ang. 9, 1903, Jsuciano in-
vited Aspara to go with him io a pho-
tographers. As they were going up
the stairs Aspara shot Antonio in the
back and killed him. Aspara is the
first) man to hang iu New Orleans for
an Italian vendetta niurder.

CARDINAL REA AJUTI
IS DEAD AT ROME

Rome, April 27.—Cardinal Rea Aju-
ti, archbishop of Verona, who for some
time has been suffering seriously from
liver trouble, died today. ‘

6. 4 ?/o =

width 828 FQ O20 and reselyed Or.

Tucker in the:car when the invitation
was extended. He replied smilingly:

“Tam in charge of this man, Kean,
and he says I must go to the hospital,
and I guess I will have to acquiesce.”

Mrs. Lee, who is at fort Oglethorpe,
Ga., wit hher daughter, has been no
oe} KCoEse, who
preparing to sail

The other son
the Philippines, has been

tified, as also had

bate

who is in
cabled of his father’s condition.

A physician was taken aboard the
train at Jersey City. At Philadel-
phia he gave place to another, who
accompanied the gencral to Baltimore,
where still another was taken aboard
an dmade trip to Washington.

Since the first stroke, no change for

the

the worse has taken place.

General Lee had been spending a
few days in Boston, and was return-
ing to Washington on his way to join
Mrs. Lee.

Boston, April 28.—General Lee was
in Boston yesterday to advocate the

representation of Massachusetts at,

the Jamestown exposition in 1907. re
appeared before the legislative com-
mittee on federal relations during the
afternoon ana made a strong address
in favor of having Massachusetts to
erecta state building at Jamestown.
He left here last evening apparently

in his usual health.

73D ANNUAL OF THE
ALPHA DELTA PHI

New York, April 28.—More than 209
aradutes and students have gathered
here for the seventy-third annual con-
vention of the Alpha Delta Phi Society.
The delegates represent twenty-four
chapters from Universities widely
separated.
ed with the international affairs of the
order, the applications for the granting
of charters to new chapters in univer-
sities. A large part of the proceedings
are of a social nature,

LINCOLN’S RELATIVE
IS FOUND DEAD

New York, April 28—Miss Francis
Amelia Lincoln, 75 years of age, a
relative of President Lincoln, has been
found dead at her home in New Ro-
chelle. She had been ill'some time.

Miss Lincoln was frequently a guest
at the white house during the Lincoln
administration, and was present at

the funeral of the president.

Aaminer

‘la tomato the pomate

Their ousiness is connect-.

DISCOV:

LUTHER BURBAi.
ROSA, CAL., F
WONDERFUL

Francisco, A
says thaw.
Santa Rosa, has gy

ing another wondei
will come under the
joriments, and is i:
fruit.” Briefly sum:
tion jis a matter ©
and gathering from
luscious white feut
lighttully- palatable

lent preserves.

Mr. Burbank has:
fruit “pomato.”. Wh:

San

and its meat is wh
It is highly tlavore:.
its flavor is that of
a vegetable. Burb:
creation of the po.:
from the turning of
an opposite directin:

“Instead of cul:
now cultivate fruit
secondary coausider
“the fruit on the vi:
object.” ant

Mr. Burbank has :
varieties of potatoe:
experimenting. M
high-breed seedlings
tion.

ALABAMA ?
(Special to T:

- Washington, D. C.,
rs, Davis & Davis, W
attorneys, reports the
to citizens of Alaba
ing patents:

James Wiikinson.
eontroiler mechanisr..
bines.

James Wilkinson, -
controller mechanism
James Wilkinson,
compound marine ti:
Neal L. Anderson,

typewriter.

Robert FE. Broyles,
switch stand.

Charies W.
animal trap.

Howe

Liege, Belgium, A}
ternational FExhibitic
of the anniversary

pendence, was opens
by Prince Albert Fi
presence of the disp
civil and military aut
siderable number oa?
timo must elapse bef
will be. near completic
generally are hand
grounds, covering 170 ¢
tion of the rivers M:
are tastefully laid out.

1a.)

and giving the name of, the security, within one
week after the contract is signed, and before the
work ix commenced, such owner shall be person-
ly linble for all balances due to the workmen,
faborers and furnisbers of materinls used in
te building, and théy shall have a privilege on
he land and building, if they record their sworn
hills, whether the original contract is recorded
or not. provided the bond and security herein-
tefore provided for shall continue in force and
eect only ninety days after completion of the
eee boitding, contracted for,” ete.

Applying this law to the facta stated, it Is
evident that {t was not complied with In
‘he Instant case, since the contractor was
hot required to give the bond within one
week after the contract was signed and be-
fore the work was commenced, but gave it
twenty-three days after the contract was
«igned, and so long after the work was com-
menced that nearly four-sevenths of the en-
Ure amount called for by the contract had
become due and bad been pald, and {t was
three dinys Inter still before either the con-
tract or the bond were recorded as required
hy law. Under these elreumstances it would
seein that the materlalmen had some ground
for thelr contention that they were entitled
'o Jjudztoents against Mrs, Lichtentag, with
tecognition of privileges on her property;
but, as they are not complaining in this
‘ourt, that aspect of the case need not be
further considered. The question remains:
Did the failure of Mrs, Lichtentag to require
and record the bond within the time fixed
by the statute necessarily release Feitel, {f
he was otherwise bound, with respect to the
clims of the materlalmen? We think not.
The statute provides that, should the owner
fall to tequire and record the bond “within
om week * © © guch owner shall be per-
“ually Mable,” ete; but It does not pro-
Wide that a surety who signs such a bond,
Mter the delay mentioned, with the dellb.
*mte purpose of holding the contract for his
WN advantage, shall thereby incur no ob-
lleation; and it would be against good con-
telence so to Interpret the statute, where, as
In the present case, the surety has not only
‘Igned the bond, but has held himself out as

@ responsible party; has caused the con-

ctor to assign to him the entire amount
‘illed for by the contract, has collected
four-sevenths of that amount and disbursed
*$ he pleased (paying himself in full for
Material furnished by him); has induced the
“tractor, whose position has become mere-

Nominal, to abandon the work; has writ-
1 to the owner, “You will plense complete

e same at my expense;” nnd has instruct-
\ the owner as to payments to be made for

T previously furnished under the con-
F ct. These acts would be enough to bind

Mitel, for the purposes of the judgments
h ch have been rendered against him, if he

Signed no bond at all. But assuming,
"endo, that they are not, let us inquire

° the proposition submitted by his tn-
tor cus counsel that the obligation to pay

abor and material furnished under Pet-

Aty,
I

STATE v. ASPARA.

ASPARA, Sam, white, hanged New Yrle

883

ry’s cont. act fs not Included in the bond sign-
ed by hin. According to that bond, Petry
and -Feitul obligate themselves in solido for
the faithful execution’ of Petry’s contract to
butld certain houses In conformity to a plan
and specifications, which Feitel acknowl-
edges in the bond that he has examined; and
the condition of the bond ts that, if Petry
shall commence, prosecute, and finish sald
building and work in the manner and within
the time specified tn said contract, and In
conformity with sald plans, drawings, and
specifications, and general Instructions, and
shall {n every respect conform ind comply
with the conditions of sald contract, “then
this obligation ts to be vold; otherwise to
remain,” ete, ;

It seems hardly necessary to gay that the
contract and specifications contemplate that
the contractor shall furnish all the necessary
labor and material at bis own expense, and
hence that, although be may have finished
the work, the contract {8 not complied with
if he has left the owner to pny for such Iabor
and materials, or any part of It.

We are therefore of opinion that the fAp-
plicant has no good reason to complain of
tue Judgment which has been made the sub-
ject of review, and {t ts accordingly ordered,
adjudged, and decreed that this proceeding be
dismissed at his cost.

BREAUX, © J., concurs fn the decree,

NICHOLLS, J., also concurs in the decree.

(113 La.)
No. 15,267.
STATD v, ASPARA,*
(Supreme Court of Louisiana. Dec. 19, 1904.)

CRIMINAL LAW —JURY LIST — INSPECTION —
DRAWING JURORS—VARTICIPATION OF SHER-
IFF — CONSTITUTIONAL LAW — ABSENT wiIt-
NESS — EVIDENCE — PRELIMINARY EXAMINA-
TION—REFRESHING MEMORY—IHOMICIDE—EV [+
DENCE—8TATEMENT OF ACCUSED—REVIEW ON
APPEAL,

1. The list of names in the jury wheel requir-
ed by law to be kept by the jury commissioners
“as part of the records of their office” ig not in-
tended to be open to public inspection, and a
motion or request by counsel in a criminal case
“to be permitted to examine the books and rec-
ords of the jury commissioners,” without spec-
ificntion of the necessity or purpose of such in-
raat eae but with a view to the examination of
the list mentioned, is properly refused by the
judge to whom it is addressed,

2. Where the names of jurors are drawn from
the wheel, but the bearers do not render the
service to which they are assigned, auch names
are properly returned to the wheel, and they
should be then relisted, but the failure to relist
them is not such an irregularity as of necessity
to work injury to the defendant in a criminal
Prosecution, or to justify the setting aside of a
verdict against him.

8. The participation of the criminal sheriff,
with the jury commissioners, in the drawing of
the names of jurors for service in the criminal
district court, Is a ministerial function, which
he may discharge through a deputy, :

*Rehearing denied January 30, 1908

ans, 7-28-1905,

884 37 SOUTHERN REPORTER, (la

4.'The provision of ‘Act No, 170, p. 213, of
1804, po pion | the drawing of jurors 12 ays
before the expiration of the monthly session of
the criminal district court, refers to the session
as established by the rule of the court, to wit,
“from the first Monday of one month to the
empanelment of the new jury on the first Mon-
day of the following month,” and such drawing,
if made 12 days before the day Inst mentioned
in the rule, is within the law, though the court
may adjourn-its sittings prior to that day and
less than 12 days after such drawing.

5. The jury commissioners are not re ulred to
make thelr drawings in secret, and the drawions
are not invalidated by renson of the presence
of the criers of the courts for which the urors
are to be drawn, provided such eriers do not
participate or interfere therein.

6. The requirement of the statute that the u-
rors drawn for service in the criminal district
court, over and above those necessary to form
the grand jury, shall constitute the panel of
petit jurors for the month, ts not to be con-
strued as depriving the judges of that court of
the right to exercise discretion in the matter of
excusing jurors from service, or as invalidating
the panel in the event of the loss of some of its
members by reason of death, sickness, or other
sufficient cause.

7.'The power vested in the Jury commisaton-
ers in the matter of selecting Jordra having
proper qualifientions, including good moral char-
acter, Is not judicial, and the acts of 1880 (page
124, No, 98) and 1894 (poze 211, No. 170) are
not obnoxious to the objection of unconstitution-
ality as attempting to confer such power.

8. The mere fact that by accident or over-
sight the Jury commissioners fail to comply
with the Inw In the matter of ascertaining the
qualifications of one or more persona selected
for jury duty does not operate an irreparnble
injury to a defendant in a criminal prosecution,
who still has the privilege of examining for
himecif all jurors who may be enlled to try him,

9. A witness many be considered permanently
absent from this atate when it is shown thnt
he claimed New York as his home; that he has
only been here as a sojourner; that when Inst
heard from he was In 'Texna, having left Louisi-
ana owing money; and that he could not be
found here after diligent search: and, upon such
showing, his testimony, otherwise competent,
taken upon a preliminary examination, contra-
dictorily with the accused, is admissible in evi-
dence in a criminal trial.

10. A state witness in a criminal trial may be
allowed to refresh his memory by referring to
the testimony previously given by him on the
preliminary henring of the accused, and mny
then, if he be able, testify from his recollection
fs so refreshed,

(fd. Note,—-For cnses in point, see vol. 50,
Cent. Dig. Witnesses, §§ 885, 887.]

11. The clothing of the accused, worn at the
time of the commission of the homietde charged,
may be used in evidence against him, and its

roduction, though it be illegally taken out of
bis possession, is not a violation of the con-
stitutionnl provision that no person shall be
compelled to give testimony criminating himaelf,

(Id. Note.—For cases tn point, see vol, 14,
Cent. Dig. Criminal Law, §§ 872, 877.]

12. A pistol, such as may have been ured In
the killing of the decensed, found nenr the acene
of the killing and within a few minutes there-~
after, Js admissible in evidence whether the tes-
timony has connected the accused with it or not,
the finding and the weapon itaelf being eviden-
tlary facts tending, aa does the bullet extracted
from the body, to show the menng by) which
though not the persons by whom, the deceased
cenme to his death.

13, An exculpatory statement, in which the at-
cert is made to Iay the foundation for a false
alibi, is admissible against the accused, os tend-

Ing to show n gense of guilt, coupled With 4
desire to escape punishment, and the state, by
Whom it is offered, may thereafter prove thet
it is untrue. Such statements do not fall with
In the rule governing confessions of guilt oe
statements tending to establish guilt.

14, Rules of the board of police commissioner,
not offered in evidence and not found jn the
transcript, cannot be considered by this conrt

15."Phe deceased having been shot to death
with a = of n certain enliber, evidence tend
ing to show that within a few months precedi
the homicide the accused Possessed a pistol, oa
that it was of the snme caliber as that by whic
the deceased wns killed, was relevant.

16. Where special charges requested are corep.
ed by the charge given by the Judge, the request.
ed charges are properly refused.

(Syllabus by the Court.)

Appeal from Criminal District Court, Par.
ish of Orlenns; Frank D. Chrétien, Judge.

Sam Asparn was convicted of murder, and
appeals. Aflirmed,

Henriques & Dunn, for Appellant. Wah
ter Guion, Atty. Gen., Chandler Clement
Luzenberg, Dist. Atty., and St. Clair Adama
Asst. Dist. Atty., for the State.

MONROR, J. Defendant has appented
from a conviction of murder and senteney
therefor, and presents his case to this court
by means of 12 bills of exception and as
assignment of errors,

Bill 1 was taken to the refusal of the court
to grant a motion and application, which
reads:

“On motion, Henriques & Dunn, attorneys for
the defendant. herein, make this thelr applica:
tion for an order to issue by this honorable court
on the jury commissioners of the parieh of Or
Jenns that the snid Henriques & Dunn be per
mitted to examine the books and records of sald
jury commissioners,”

The reasons assigned by the court for te
fusing the application are thus stated:

“The above motion does not state what facts
are intended to be established by the examina-
tion of the books and records of the jury com
missioners, and the court ennnot give an ord?
fo sweeping in its effects as would permit an In-
quiry into an office, the usefulness of which te
pends to a Inrge extent upon its averecy, wilh
out any specifiention having been made ar te
the purpose of the daamsinh slo If the Inw hee
been complied with, there must be in the wheel
Qt present one thousand names of persons quak
ifled to serve as a de which names, in the
conree of time, will have to be drawn for Ju
service, The administration of justice deman
that thesenames shall not bedisclosed until draws
for jury service, unless there shall arise an iw
popatns demand that they should. Whatever
nformation may be necessary for the trinl |
the ahove ene can be obtained otherwise. Ue
der the above motion, the court does not thlek
that the order should be granted, and it is re
fused,”

Counsel for defendant invoke the author
ity of the Inw which requires the jury con
missioners to relect the names of no les
than a thousand persons competent for Jury
service, and of the particular provision (1a
section 2, Act No, 170, p. 212, of 1894) which
reads: "ey

“A list of these names rhall be prevete® cere
tified to by the commissioners, and kept as patt

> vn

1a.) STATE vy, ASPARA, 887

no one, since it fa further provided that
“nothing In this act shall be so construcd ns
to deprive the Judges of the several courts
of the right to decide upon thelr [the jurors’)
competency” (Act No. 170, p. 211, of 1894),
thus leaving to any individual who may
feel himself aggrieved by the action of the
commissioners all the means of vindication
\ rad redress which he would have if no such
| ‘ommissioners existed. The power vested In
ihe commissioners Js therefore no more judl-
celal power than is the power vested in the
sveriff, who in most jurisdictions may be in-
structed to bring in competent tales jurors,
and not {dlots, drunken men, or vagahonds,
The learned counsel argue that the testimo-
ny taken In support of their challenge devel-
oped certain irregularities, not specially re-
ferred to in thelr pleadings, which affect
with f{legality the panel presented to the
court; as, for instance, that the oath re-
quired was not always administered in qual-
ifying the jurors, and that some jurors were
* qualified (or attempted to be qualified) by a
aingle commissioner, out of the presence of
the others. We do not find the argument
{ sufficiently sustained by the fact. Sixty-six
of the Jurors constituting the panel in ques-
tlon were examined ag witnesses, nnd a care-
ful conalderntion of their testimony lends to
{ the conclusion that possibly, in three Instan-
ces, by oversight or accident. the onth re-
quired was not administered by the com-
missioners, This omission could, however,
have resulted in no Injury to the accused,
who war not called on to accept the jurors,
and Js not shown to have wasted any clial-
lenges on them. It is well understood that
the function of examining prospective Jurors
was nasigned to the jury commissioners
merely to relieve the courts of having to ap-
pear before them grent numbers of persons,
t many of whoin, after much consumption of
time, would be found to be exempt or {ncom-
petent; but the fact that jurors, as now pre-
sented to the courts, have previously been
examined by the commissioners, In no man-
ner affects the right of either party to n lit
gation, criminal or civil, to interrogate them
on their volr dire, and, as before, to accept
or reject them, as was done before the board
of jury commissioners was established,
Complaint {s also made that some of the
jurors bad been examined several months
before thelr nnmes were put in the wheel,
the fact being that the commissioners some-
times exnmined more persons than were Im-
mediately necessary for jury service, and
thereby accumulated a eimoall reserve upon
which they drew as occasion required, We
find nothing In the law to justify us in hold-
Ing that auch a course ts flegal, and, as it is
not suggested that either of the (eight) Jurors
on the Jnnunry pael in Section B of the
criminal district court who are rnld to have
been so obtained were incompetent or in any

ee ee

ee a

way disqualified, the complaint bas no just
foundation, » A

Bill 8 was taken to the overruling of an
objection to the testimony, taken on prelim-
inary examination, of one Cahn, a state wlt-
ness, of whom it war shown that, according
to his statement, his home ts In New York;
that he had sojourned in New Orleans for a
short while some three years before the
homicide, and, baving gone away, had re-
turned and had been in the elty during the
two or three months immediately preceding,
and for n week or two after, that occurrence,
during which tine he moved about from one
boarding house to another; that he lad stat-
ed that he would not be here to testify In this
case unless there was something to be made
by it, or words to that eifect; that he owed
money here, and went away without paying
it, nnd was Inst heard from whilst at Corsl-
cana, Jn Texas, and did not then intimate
that he Intended to return to Loulsiana; and
that diligent but unsuccessful search was
made for him in New Orleans for the pur-
poses of the trial, but that his whereabouts
could not be ascertained. The counsel for
defendant abandon this bill, and ft need only
be sald that the testimony was properly ad-
mitted, and that it is corroborated by that
of the defendant, testifying as a witness In
his own bebalf.

Bil No. 4 waa taken to the overruling of un
objection to allowing a state witness to re-
fresh his memory by reading the steno-
graphie report of his own testimony given on
the preliminary examination. The witness
appenred to be at fault in one particular

whilst testifying on the trial, and, in reply ~

to a question, stated that his memory was
fresher when he previously testified than at
that time, whereupon the court permitted
him to rend his testimony as previously glv-
en, and, his memory being thereby refreshed,
he testified from his recollection. The rul-
ing wns correct. “A witness may be allowed
to refresh his memory respecting an Issuable
fact by any writing or other material thing
offered in court for his inspection, if, after
such inspection, the witness can testify to
the fnet.” Rice on Evidence, vol. 3, § 71, p.
108; Greenleaf on Ey. (16th Pd.) vol. 1, §
439, p. 549; Underhill on Cr. Ev. p. 209,
note 2,

Bills 6 and 7 were taken to the overruling
of an objection to allowing state witnesses
to exninine certaln clothing taken from the
defendant after his Incarceration, with a
view of identifying it as that worn hy him
nt the thme of his arrest; the ground of the
objection being that the clothing had been
taken without the consent of the defendant,
in violation of article 7 of the Constitution,
nnd thot its use as evidence would be equiv-
alent to compelling him to give testimony
against himself in a eriminal ease, in violn-
tlon of article 11 of the Constitution, It Is
shown that the clothing was somewhat con-
spicuous In appearance, and supplied a means
of Identifying the defendant with respect to
the time of the homicide and of his arrest a

lap STATE vy. ASPARA, 885

ef the records of their office, subject to the order
e the judge of the criminal district court of
sald parish.”

We find nothing in this law which deprives
the Judges mentioned of all discretion In the
matter of making orders concerning the list
tn question, or from which it can be In-
ferred that the “books and records” of the
commissioners shall be open to the Inspee-
tion of members of the bar or others, who,
sithout assigning any reason therefor, may
demand it. The rensons given by the trial
joige for refusing to comply with the de-
mand in the present case are conclusive, and
bis ruling is affirmed.

Rill 2 was taken to the overruling of a
challenge to the array of petit jurors, as fol-
lows, to wit: (1) That the jury wheel did
pot, at the time the jurors required for sery-
ke were drawn, contains 1,000 names of per-
sens selected at large and impartially by the
Jory commissioners from the cltizens of New
Orleans; (2) that the drawing was not by
the proper officers, in that the criminal sher-
{ff was absent; (3 and 7) that the drawing
was illegal, for the further renson that it
was not made 12 days before the expiration
of the December session of the court, (4 and
5) and because unauthorized persons were
present and assisted therein: (6) that the
panel was composed of 69 jurors, instead of
TS, as required by law; (8) that the statute
‘No. 170, p. 211, of 1894) under which the
drawing was made is unconstitutional, in
that it vests the commissioners with judicial
power, f. e., the power to detcrmine as to
who are and who are not persons of good
moral character. .

1. It appears from the evidence taken on
the issue thus presented that, upon October
%, 1903, the wheel from which the names of
all Jurors required for service in the parish
e Orleans are drawn was emptled by order
of the judges of the criminal district court,
and that upon the same day the names of
LO Persons, whom for the present we as-
mme to have been competent to serve ns
Jurors, were placed therein. Subsequently
hames were drawn from the wheel and oth-
em Were put fn, until on December 22d there
were 1,087 or 1,089 names tn the wheel, from
which number the jurors were drawn to con-
stitute the January panel in Section B of
the criminal district court, In which section
the defendant was to be, and was, tried. Of
the names put in the wheel between the
dater Mentioned, 165 put in on November

h, and 333 put In on November 24th, were
eames which had shortly before been drawn,
bat the bearers of which had not served, ef-
ther because they had been excused by the

{ Courts, had been returned by the sheriff “out

the city” or “not found,” had not an-
*¥ered to their names when called, or, being
‘ales jurors, had not been accepted or need-
or for some otiser renson; and, deducting
T names, the mimber in the wheel on
mber 224 would bave been reduced be-

: the!

low that required by law. There {s nothing
in law, however, from which It ean be in-
ferred that a person otherwise competent be-
comes disqualified from serving as a juror
because, his name having been drawn, he
fails or {s unable, for one reason or another,
to serve at the time he ts assigned to duty,
and there is no reason, nor ts the contrary
suggested, why his name should not at once
be returned to the wheel. But the Inw re-
quires the commisstoners to prepare and
keep a list which shall “be a correct and
perfect record of the names in the jury
wheel” (Act No. 170, p. 212, of 1804, § 2),
and this necessarily means that they must
keep an account of the names drawn out,
a8 well as of those put in, from which, it
follows that, when names are checked off
or stricken from the list as having been
drawn out, and are thereafter returned to
the wheel, they should either be relisted, or
In some way restored to the original list,
since it would otherwise very soon appear
on the face of the record that more names
had been drawn out of the wheel than bad
been put in, and the Hst which the commis-
sloners are required to keep would cense to
be “a correct and perfect record of the
names in the jury wheel,” a result likely
to bring discredit upon proceedings which it
is of the highest importance should be above
suspicion.

In this instance the commissioners did not
relist the names returned to the wheel, but,
in the absence of any evidence to the con-
trary, we must assume that they complied
with the law requiring them to keep a “per-
fect record,” ete., by correcting the original
list. In dealing with a similar condition
arising under the act of 1880 (page 124, No.
98), this court, in referring to the apparent
discrepancy resulting from the failure of the
commissioners elther to relist names return-
ed to the wheel or to correct their original
list, said: .

“That discrepancy was explained by show-
ing, as stated, that the names of drawn jurors
who had not been found or who had otherw ise
fniled to rorve had been placed back in the
wheel, and that their names had not been res
listed, for the reason that such names hnd heen
entered on some previous list. This js certain-
lv an irregularity, and its inevitable result was
the eceenney between the number of jurors
drawn nnd the various lists in the hands of the
clerk [the Intter being then the custodian of
the lists]. It is the clear and unequivocal intent
of the Inw that these two statements mnet tally,
and hence the names of drawn jurors which are
replaced in the wheel by the commissioners
should be ineluded in the new and Rupplemental
lists ns often as they are replaced in the wheel,
But the point presented, beyond that discovery,
shows no consequence that conld invalidate the
trinl of the accused. It is not every irregularity
which operates injury. The defendant haa fail-
ed to allege, and a fortiori to prove, that the
irregularity which he has shown was the result
of any fraud, and was such a great wrong as
would or did work him oan irreparable injury,
This was an indispensable rev tirement, under
the provisions of section 10 of Act No. 41, p.
58, of 1877. State v. Smith, 33 La. Ann. 1414;
State v. Harris, 34 La. Ann. 118; State vy.

S86 87 SOUTHERN REPORTER. (la:

Ttector, 35 Tn. Anu. 1098. Our only object in
giving xo much time to the dorudes of this
point Is to secure a precise complinnce with all
the requirements of the law in the administra-
tion of justice in criminal cases. Slate v.
Egnn, 87 La. Ann, 369."

The conclusion thus reached is applicable
in the instant case, the only difference be-
tween the two enses being that the defend-
ant now before the court bas alleged that
the course pursued by the commissioners
with respect to the matters complained of
wae a fraud upon his right and would cause
him frreparable tnjury, but he has made no
effort to sustain his allegations by proof,
and we are satisfied from the evidence be-
fore us that no fraud was intended and no
actual Injury sustained. Concluding upon
this polnt, we find it extraordinary that
after the admonition contained In the fore-
going excerpt the commisstoners should
have continued, or have returned to, the
practice which was thus made the subject
of criticism.

2, It fa true that the criminal sheriff wns ab-
sent when the names of the jurors required
for the January session of Section B of the
court were drawn from the wheel, but as his
participation in the drawing is a ministerial
function, and as the Inw does not require
that he shall be present fn person, he wis
properly represented by his chief deputy.
A. & BW. Ency. of Law (2d Ed.) vol. 9, p.
870; Willingham vy. State, 21 Ila. 761; Const.
art. 142; Rev. St. 1876, § 3541. There Is
therefore no merit in the objection that the
sheriff was absent upon the occasion of the
drawing in question.

3 and 7. The law reads: F

“Twelve days before the expiration of the
monthly session of the criminal district court,
the raid commissioners, together with the said
sheriff, shall draw from the said wheel, the num-
ber of names, not less than seventy five, ordered
by either of the judges * * *, nnd the persons
whose names shall be so drawn shall constitute
the petit jury for the session succeeding such

drawing, except in cases where it may be neces-
sary to select a grand jury,” ete.

In the instant case, the judge of Section
B, on the 17th of December, entered an order
directing the commissioners, “together with
the crim'nal sheriff, to proceed, on Tuesday,
December 22d, to draw the names of 175
persons to serve as petit jurors in said court
during the regular, January, 1904, term,”
and further directing that the persons whose
names sbould be so drawn be summoned to
appear in court on Monday, January 4, 1904,
and the order so made was obeyed. The
monthly terms or sessions of the court, as
established by rule, run “from the first Mon-
day of one month to the empanelment of the
new jury on the first Monday of the follow-
ing month.” It is said, however, that, in-
asiuch as. the court adjourned without day
on December 23d, the then current session
ended at that time, and hence that there
were, not 12 days between the drawing of
the panel and the end of the session. There

ches St 8 temo

ia no merit In this contention, The law, tr i
fixing the delay which shall ensue after the }

drawing of the panel by reference to the
“session” of the court, contemplates the se
sion as fixed by Jaw or by the rules of
court, and not the uncertain contingency of
a termination of the sittings of the court
by adjournment for the Christmas holidays,
for lack of business, or for accidental caus.
es.
4 and 6. It appears that the criers or dep-
uly sheriff's who serve In the two sections
of the criminal district court were present at
the drawing {In question, but ft also appears
that neither they nor any other unnuthorized
person participated therein. As the com-
missioners ,are not required to make thelr
drawing in secret, this objection was prop-
erly overruled.

6 and 7 The commissioners, as ordered,
drew the names of 174 persons for Section
R, of whom 1657 reported for duty, and of
that number 71 were impaneled, the othem,
“for good and sufficient reason,” having been
excused by the court.

The learned counsel for defendant ray:

“The imperative mandate of the statute Is
that from the whole venire returned {into court
after the relection of the grand jury, where a
grand jury is to be selected, the remaining per:
sons shall compose the petit jurors for the
month. No exceptions are granted by the stat
ute. Its terms are mandatory, and under all
the safeguards provided for the drawing and
impaneling of a jury; the contemplation of the
lnw being that every name that goes into the
jury wheel shall be a qualified juror when
drawn for service, [and] unless death or sick-
ness intervenes [shall] be linble to jury service.”

The position of the learned counsel {s not
sustained by the record, even though thelr
premifes should be conceded, since we are
informed only that the jurora were excused
“for good and sullicient enuse,” and, for
aught we know, that may mean “death or
sickness.” But if death and sickness are
suflicient to authorize the judge to excuse 4
juror, why may not flood, or famine, or
some other cause furnish the same author-
ity, since all are equally outside the statute
itself. We think the construction contend:
ed for inadmissible, heenuse, among other
reasons, it would deprive the judges of the
criminal district court of a necessary discre-
tion In the matter of holding or excusing
jurors, and would confer no benefit upon
any one,

& The qualifications of a juror, as requir:
ed by the Inw which ts here brought {0
question, are:

“To be a mole citizen of the United States
and of this state, and a resident of this parish
for one year next preceding such rervice, not
under interdiction, nor convicted of any crime
punishable at hard Inbor in the state peniten
tinry. He shall be an Intelligent person, of 500
moral habits and reputation, having the capac
ity and competency to serve ns a grand juror.

It is made the duty of the commissioners
to attempt to supply the courts with persons
answering this deseription, but thelr con-

clusions upon the subject are binding upoo

required since defendant has based his defense solely upon
his sanity at the time of the commission of the crime and

at the present time.

We contend that a detailed statement of facts is nec-
essary for the reason that the defendant’s sanity at the
time of the commission of the crime and at the present
time can best be proven by the fact that a short time after
the murder of Mr. Montgomery, and then on the following
day, defendant gave several confessions relating in detail
all of his activities covering the period beginning several
days prior to the commission of the crime and continuing
on and following his actual apprehension, setting forth in
said confessions his motives in committing the crime, his
plan in carrying out the murder, names, dates, etc., all of
which facts were proven on the trial of this case to be sub-

stantially true and correct.

. Again, a detailed statement of fact in this case is es-
sential in order that the Court may review defendant’s con-
fessions and perceive how closely the facts and details set
forth therein track the facts and details presented by the
State on the trial of this case proving defendant’s guilt. In
making such an examination there can be but one con-
clusion reached, and that is that defendant’s mind was and
is of such a capacity as to make him legally responsible

for his acts. He was capable of planning the crime, carry-

ing it out in detail, and he realized the consequences of his
act by fleeing from justice. Later, he had a full and com-
plete memory of what he had done, and even months later
was able to state to the Doctors the facts substantially as

given in his original confessions.
For the above reasons, we submit the following facts:

The State proved that D. C. Bailey, a colored male, age

21, lived in the home of his Aunt, Sallie B. Credit, wife of

Matthew Credit, on the plantation of George Armstrong in
Franklin Parish, Louisiana; for about three weeks previous
to December 26, 1955, on which date he left to go to Holly
Ridge, Louisiana, in Richland Parish, where he had previ-
ously lived. He arrived at the home of John Dawson, an
old friend that lives about four miles North of Holly Ridge,
late in the afternoon on the same date, Monday, December
26, 1955. He spent the night in the home of John Dawson,

where C. W. Johnson and his wife were also living.

The next morning, Tuesday, December 27, 1955, after
John Dawson and family had gone to the field to pick
cotton, Bailey left the house and walked across a pasture
to a gravel road about a quarter of a mile distant, and there
caught a ride to Holly Ridge on U. S. Highway No. 80. He
then caught another ride, going East on Highway No. 80,
to the City of Delhi. When he arrived in Delhi he walked
South on the Street that leads into the State Highway No.

. fe ry NTS
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Om mee &

SUPREME COURT OF LOUISIAN

No. 43,379

STATE OF LOUISIANA,

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VERSUS

D. C. BAILEY,

CRS

Appeal from the Sixth Judicial District Court in and fort:
Parish of Madison, State of Louisiana.

ORIGINAL BRIEF ON THE MERITS ON BEHALF
THE STATE OF LOUISIANA, APPELLEE

STATEMENT OF FACTS

D. C. Bailey has been indicted, tried, convicted

(ustzeg uosTpey)Org *S eu

sentenced to death for the murder of a former residen

Madison Parish, E. C. Montgomery.

yest Soest

The State is cognizant of the rules of this Honorf

Court with reference to conciseness, but in this case itY}
s
spectfully requests the Court’s indulgence in permitting

more detailed statement of facts than would ordinarily

16 to the Delhi Clinic near the Southern limits of Delhi.
Here he caught another ride, South towards Winnsboro, to
the point where the Warsaw gravel road intersects the
blacktop road, from the East, in the Community known as

Waverly in Franklin Parish.

Bailey then walked easterly on the Warsaw gravel road
to the Warsaw Bridge that crosses Bayou Macon, the boun-
dary line between Franklin and Madison Parishes. After

crossing the bridge, he turned South on the gravel road

' that parallels Bayou Macon on the Madison Parish side, and

continued to the home of his Aunt, Mary Lena Myles, who

was then a tenant on the farm of E. C. Montgomery. Mary

Lena Myles and her two daughters, Bertha B. Myles and

‘Mary Lee Myles, were at home when Bailey arrived about

12:30 P. M. There he asked for something to eat and Mary
Lena Myles instructed her daughters to give him some food
and cake. After eating and visiting awhile, Bailey inquired
about the fish biting in the Bayou that ran in front of their
house, and then left about 2:00 P.M. |

After leaving the house of Mary Lena Myles, D. C.
Bailey continued South down Bayou Macon to the home of
one Jesse Nelson, an elderly white man, that lived alone on

the South end of the Montgomery farm.

When Bailey arrived at the home of Jesse Nelson he

called to him to come out. Upon Nelson coming to the

front porch, Bailey informed him that a “coon” was under
the hill (bayou bank) in a tree, and that he wanted to kill

it and requested a gun from Nelson. Thereupon, Nelson

gave Bailey his single barrel shot gun and followed him
across the road and down the bank of Bayou Macon. When
Nelson got a short distance down the bank, Bailey, who
was further down the bank, told him there was no “coon”
there. Nelson then turned to go back to his house, where-
upon Bailey shot him in the back and side of the head, kill-

‘ing him instantly. The body rolled down the steep bank to

a point near the waters edge. Bailey then searched his

pockets for money and found ten cents which he took. Be-
fore leaving the body, Bailey pulled it into the edge of the
‘water where it remained until found six or more hours
later. In searching Nelson’s body, the defendant, Bailey,
overlooked a billfold in a back pocket containing approxi-
mately $400.00.

After killing Nelson, Bailey returned to Nelson’s house
and got five or six more shells off of a shelf. Before leav-
ing the house he tore up the bed searching under the cover

and mattress for money.

The defendant, Bailey, then went back down the bayou
bank and walked along under the hill to a point opposite his
Aunt’s (Mary Lene Myles) house, where he left the gun

leaning against.a thorn tree. His Aunt’s two daughters,

’ Bertha B. Myles and Mary Lee Myles, were standing near
the edge of the water fishing when they saw Bailey kneel-
ing or hiding in the bushes. When they discovered him he

left the gun and commenced talking about fishing, and -

suggesting that the fish were biting better up the bayou
(away from Nelson’s body which was down the bayou).
Also, at this point he pretended as though he was shooting
a firecracker, which would not go off. (An effort to estab-
lish in the minds of these witnesses that the blast of the

gun to kill Mr. Nelson was a firecracker.)

After talking to the girls and performing with the fire-
cracker, defendant, Bailey, went up the bank and across the
road to his Aunt’s house, where he washed his hands and
spent a short while, then left at about 3:00 o’clock, P. M.
‘He returned to the Bayou Bank, picked ‘up the gun without
being seen, recrossed the gravel road and traveled north
through the fields toward E. C. Montgomery’s store. He
approached the store from the rear through a wooded sec-
tion, where visibility was poor, rather than by the gravel
road that passed in front of the store. Upon arriving at the
store he hid the gun in tall grass growing beside a livestock
loading chute located about forty feet behind the store. He
then went to the front of the store, and sat in the doorway,
and talked with E. C. Montgomery. While sitting and talk-

ing to Montgomery, whom he had once worked for as a

farm hand or tenant, Montgomery gave him a cold drink
and something to eat, and sold him an apple. While Bailey
was at the store he was seen and recognized by L. E.
Golsby, Sr., L. E. Golsby, Jr., Jerald Earl, and James Lemon
Allen.

Between 5:00 and 6:00 o’clock, P. M., Jack Langley,
one of the last customers to enter the store of Mr. Mont-
gomery, saw Bailey sitting on the front steps of the store.
This customer made purchases that aggregated the sum of
45¢ and departed. The 45¢ purchase was the last item re-

corded on the adding machine in the Montgomery store.

After the customer, Jack Langley, left the store and
no one else was present except E. C. Montgomery and the
defendant, Bailey, the defendant left the steps of the store

_ and walked to the livestock loading chute at the rear of the

store building and picked up the gun that he had hidden
there earlier in the afternoon. He then returned to the
front of the store and entered the front door and found
Montgomery standing near the cold drink box located in the
rear half of the front room of the store with a case of
empty coke bottles in his hands. As Montgomery turned to
face the front of the store, defendant pointed the shotgun
that he had obtained from Jesse Nelson at Montgomery
and commanded him to “drop them bottles”. In response

to this command, Montgomery put the case of bottles down

aed

oh pean tw Life (i } DERE Hemaiaet soaker ne. he eonfpesiona meh ray eas vis ors,
t Pic ee ees: nit read the death Wart. Masterpiece of Thomas Moore
a <-Strangulations 35° a re Aid of
2g beng 1 dhs Sie cit (:

<> efor Narteas se

fete Strong Frame That

ame ents ce ae

ho: Woman's and Obildren’s

“plowed bet
+ walked firmly through the ¢ pe ta the
eth sy br secon ieee 3 “h Sha: Gre a ; “F
ong turridor, and Slens The & ery, i Lier Gr aE ey Sy
knelt iu the Little chaped gett ner the scat | The Entertainment to be Repeated
| fold. Lhere, the yury att others reaped f- We eae 8 ey, i eg a
around, ali exriest ln their responses, the |” To-Night, With. the Light of
yers fer .be weifste ef those Panik ; shite agi? NA oad 5 ab :

Se a Re, Se i * ‘* f ie

fo -overovmgid, and &F° 1th Baker
| atenalt tot tory alot Le
SB rege Sf Be sl

; (a ees 0 SHOOK HAND” (12
with alf his friends, and tour of them, th (Ca
whom he = beconte deeply attac ved. he. «ical Procraimaw
“} drew to him, aud. withodk word, kisaed (| rection of Pro
4 them ferrentiy the farewell he woukd pot Hachart, barito
iP we of the: tyne broke down } oratorio of “St. Be
7 nuit, * by C. Bed Gee
3 Boel wtih bole
i and Str. tienry
ct every lin solv.

a grace ofthe Orient. Tho scene painters j , wbralpenn go :

weit In bia guilt, Three svou came £9 be- | furnished bright settings to the groupiugs. ie to Baton Ee

Atieve him innocest, aad the fourth Wes DDO. :
of thé many who, in bis inst [yw days. waa and Prot. Pacletti’s @rchestr® shaded, eni-ldeaviug by the

: ei ie : A A ‘
convinced by Dis teauver that whoevet | phasizea and iltrstragced the thenie, the | 5 o'clock on Bul

| Mes. Nelson's’ murtlerer, it-was hot Philfp| tableg2x, the Remy age’ the dances. AR] tte enue §

f Pukets 2s ie ee ee tecethér the affair was prominent. amoung willetve au Coe
v itis hands were tied by tie biner-robea | the .aoclal aiuusement trlunipha of New
eieentiouer, and, WLEn asked if bo wanted Ofieana, which Bas 90 wany suecessen to its | >
te epoak, Le eutt> ig ase of ORME, and tie goiig down of the curtal ips gods:

“Lam muoventof this crime, a3 tnnocant | WAS the firet shadow athiart the pleasare fund, will give
eee baby res tee a. aogee | Of She wathered spectators. ae vot fF thts ity t¢ Nowe
Father Leblanc thea addressed himself | - The entertatumeut waa the Orss of aseries | day. April 2+
19. a present He see that dee wane | for the benenit of the : o# Ros uy rn :
4 mouths ef bie im onment, t po HOSPITAL FOR WOMEN AN nk etfeote
been tcectaut ‘tn Sis worslip, aud ax and the Training papal for nae aha sud returnlig ¥

| fatety bast fnatitied tute Bins cuwptete resiz-T gratitutions hare ‘bee : at oe’ cloek OUR
hn built up to preten- 5 :
nation to piviy behalf vf. | tious. proportions aud. wable Salainees. 1 iter ni :
, : Their wission is constuntiy -enlarcing #04 | eou peutary ie
growing, mand opce In @ year or two the lady | wald Hall this :
promoters pause av‘ seek the helping rand f ines a worderS)
imprixonint: j te dal tabi ag sola — easy Dears | aegifan.! Logg
is By , ’ ge _ faves makes tts uppeal ja
\ Yas BS Mah Reeth ga rte ec aT nei] FhroUEN the loveliest of, lips aud tiniest of Stren, © OE
z aCe ley ba | Pe Se a hohaes =) "a : : é é ° ea Originat +4 6 ee
: fy YB a ob gaat ea r “Kiruers” abd other semarkabt ete ane
pale dP Les bas Then Baker knoit in the act of contritton, and thie year tho Be eet saewites Sreaiien Wetrman, aude
Philip Baker, the Murticrer.. 2 and at 32:50% be steed upou the drop. |} to provewqualiy popular ‘os ige | Gautier.
regscott ~% : 1d iis feet were Hed auc be “gat down upua he evel wae Sreancet by Mrs Woe |p ESarerted
pes ‘ y Le Lut.

»-pullip Baker Ia dead, hang for the murder See Moe “ “oe | Muller, naeteted by Mrs. Albert Dufour 14; ves
3 J "He luoked ® farewell to ail, Good by, | Mra. Chariea Molloway, Mre. J. K.Qnghotm enrKe Ar fl

ya Taura Nelson, nee Prank, the wife | phil!’ sail some ous. “tieud-by; boya: . :
Wall Nelaon, oa March, 180i -2e 5 veibo back. cheery. answer, ad be emtiol qnd othore. Laat Bight’ programme W448") rorcatiug aud !
; pet ee hibaies b ED pag hte, Sang hee pone: spechilipin charge of Mra. tnaries Held > °
Peschamps, the murderer of {ittle Julte | aroun wag, Mee. 3K. UWthetu ‘acd Mrs Hugo Fine wee.
“fa atill. atte, for, althowat bewas | || “Rows 2M yasoceyt of =" ©) | Mebilruy. with Dp. bat Violett tho direvarril aatice ral ere
= becn bing yosterday to a denblo but ce black af oe ng fot Pope ra past Coa hen ae pride gi Bay atl artend.” :
oy . x : executioner tan baatlly e cell, gud cu : rs. Reott MeGieheo, Mre. Mi. eee
‘execution, sig eis pa pc Meet aie the rope it 12:38 Mia Gove | Naves, Mra. J Pinckney Stith, Aire. Jos. nee
pant ome” grant areanite natil after] jyut the ropes were damp and stretobed. HL. Osiesbds, Mre. tL, Lewe'st and Mes) “MISDEE
gbe boar! of perdons had: passed upos the | and Baker's beavy abouiders abd muscular | John Phelps; ‘The ladies bad the assist”
<2 geport, of the self-institufed commission of | uevk were too strong for ‘even, ste faiiof sy | aace of many ~ . She
nae 6 galt aa feet, Searcely had the body @rralubtened | PROMINENT AND BENEVOLENT GENT! EMEN, Vesteniay

ee ‘ ; from the sudden jerk when violent conwul: 4 ; ‘ ;
“ce Incidents in “the fast nicht of the to | ious, whicu inate almost luconsantly for ef saecd rep em pte reeee tela: Customhouse

“<i fpon 0 tu the honr of 2:30 °G: > were . , ‘
: ot in Patentag atehivuns TAB that pet yo tene clamps or death WAS) man: Win. Mobic, Arthur Mearthar, Coat Burguods, | *
: Jafter a night of prarer, medi ce at we ott teas Sate & a ee mane oo. sAnite Fairebtid, Guy Horcer and A- uronsed the B¢
ation, DAA JUST | tractions, AE TOS the body Haul ssralglt: Mand anavtetl ae Of opiates
he altar in the | cued onriimp aud wooed ee tre ine and “ferme Mned the entranceanl | Jr, and Nett
scanty for vie oe after th 4 “fell Tre tMe foyer. The vast atititorium wus lefS © connteon ant
riage lhe hi 8 ne re AN Sree antonched by she decoratora: Te fameus } yarties were 9
‘Duily Ww 88 90 80 FM ae tha a | Yorsc shoe bas tong ag? been decked artist: | Nie homed
ge eesven Tike a 5 devig luguest: ste pe, tee ee parte cally and javishly and the “aadiconeo come | ingly ie
awake, « i shee : dleitet : ’
openry overcont, eutered jus a neat cov. | toted, there wete Tevesied Au uxiy KONs Feet oe eee icuan: bociett trie in Bna she was
J ogorsation wlio taste until 6.39, when, at | Briti-c beuesth the left oar, 20d rougl reve | can make the livres shoe glow with enh CF tet net
pie toxjnest, the party Kuelt fi praver. Tho |piscks arvind the ueck dim thront Shel gud is wtilod last oieht.. The aceye eka tired: by Prad
Syext hour and a ball «oe LUivided About | lds were closed, the lips atigbtly parted, } fair to logk upou, and « Sttine prelude ty td BLO woslde
equally Letweren devotion aud cen verea- | ant the whole face wae ly py unowet. oo} the ganitior greupin. ipaptred hy tho warin at
un. abd at 7 o'clock linkee (OR ered the | tAt 1:26 the reinaines Were placed IW ® | gad vivid rowabes of Thanins Moore. c
gactisty, shore hls pair waa out close. — ite prette black ce«bet, sliver uuoted > sod he tt! i FET . es
yas shaved alnG, ‘Coet, retirtiy tia cell) | iacliped, the itd of whieh bete a pralo He CURTATY Rose Yestervar f
pe changes iis fiagne aliirtond dd trogecrs plate with the name Baker” engravers! | 8 reveal @ public place in DelDl, a grand } No. TH Toho,
fee new Trenscen and » clean white whirt, |upee it) atta - turned —arer, te Phil's procession depicting Lalla Kookb's depat- | gamed (eors:
tenting art 185, : . .) brother, dace} Baker. ‘The feneral will be gure for the vulo of Cesbnicte te meet Bi brs oie Mehul
f: Arras lather latoane avd four staters | beid at 4 ociock this _afternvens, froia Als, Fiero to whom her hand was pledged ,

arrived. by epatted with them <fera resiionce. iu Carroilteu, #02 the »emaine here were soldiers, -teatp peters, alaves, { 10g, a sah Nn
ce pbort while. litt erent moag- of the tide tn will te interred In pa: Grosnte atl the veep girls, Datde of hopot auc @ Maguill Souls al. :
prayer with the eoost father unti! #:30, at | cornerof liempten aga Washington strects. | een’ yetinue, @ werry cuysicade theet te ral wes
which hour the prisoners asscuiiiod In the | Thus terminated the fermous be ghow the way to Jove aul Lappijess, and | sero
ebapel 2 eee Petes. A oe, Bh LON Cash, see tue fair priicess followed tho Thrvieg peo Maker ;
isn pis er (ea waked at? 30 aftet a troubled | waiie eu Tiesch aint <9 Si the back ef a giant ese, totuled by Piet Ran
oS eheep Naked that Dre Foruents, Hara, arhile Etienne Less) ieee looked on from + giadnesa of those around and yet beating | <A pegre_
WE gad Del Hoasites be sone fig: aadtacetined | aga bap hite ot ais cell as the fate ‘thas, ui thy Lbereet( With qneculy At geptio iguity. wae puiover
a ca 7 ade ad de * 3 yk wks " iene SENAY DOU the ourisin Tose again a owas t . ?- ; A .

Se ae * -

ia. yeaterdsy’A edition. AG thee ote oc sarat POWER Tas ee eevee wee Tn, Th Mee, Are ror ee sia itaianin: dil ocie
: the painful throcs of apifocation. ft i ss gused tu
Baker, after » wight of Pong et cong -Ab-boL there were goly mace ‘eon (pein red ap ee heehee a OOF ef Office? D
r asicep at the foes of the altar ia the tractious.: pee oe ‘body. ‘Pains aad ferma Iined the entrance and | Jr, and Nesti
gartson chapel aud Déschampe had been re- ened out Hmp and mtionieas, * the foyer. The vaat aufttorian wae ieft aaiued end
‘gizing sleepices, an the oot in tls. cell twenty minutes after the drop fe}h veremwhed by the decuratore. The fatbei® | Dertice were
“gee it 460.0" a aE body waa cut duwn.” bt a | herse stied haslong agy been decxed artiatl: pinith &Ave
ee AT 4:80. O'CLOCK The lnquest showed that the etruegles [‘caliy and iavisbly, anit the audience cont goer fs
ewaked, aod, wrapping up “in 9 | were jndicative Whep tho cap was Fo pleted « picture which was se deigbt lt Hh: | ang Sree d
ey overcoat, cutered in‘ general con- | moved, Luere were fovesled au aviy kno$ | geif, New Orioans society, whea it wihl, Saba wen
‘vorsation rags te lanted until 5:30, when, at | bruise Deneath the ieft ear, aod reuxk ele Gat Blake the horse shoe claw with beauty. 1 nreq by Prat
pa requret: party knelt iu praver. Tno | warks.arvund the deck aad throat The | goduse willed Jost wight. The sceve WAS, 1, ry q ne
peut. c-and a half was divided about | lids were closed, the pe piaetiy parted, | fair te took td on aude Gtting prelude tu ay ee
: ly between devotion and converea- {| and the whole face was: ly cynnoued. the galidier greaping inapired DF the warn Pe re
tive, and th T o'clock Baker entered the ‘At 1:36°the Femains were placed Ju ® j-agd virid rowance of Thomas Moore. - Sea
Soret h tad Berd roririndtee cd zy ey bisok cachet, Diver, iawn eiee a cea taee s Nge # CURTAIN, ROSK oe Yestervsy th
was alsa, . a ce ; : : ren s arate re At,
= mR peshengod his fiaune) shirt ond old trousers “Wh the ei | to retreat § pubife pias 38 yaad Frans No. 172 Tuhou
fer new pnenges and a. clean white ebirt,, gre ag poveseabnes ge ro paglorrteg named Georg
: Leblane avd fenr sisters | ra wdloe pants) whom per haud was pindged. yet A
arrived. PuINtD chatted with them for a | fessdanee. 19 Cerrolltan, aud ere wore’ soldiers. trampote re tein | Joule aad ef
Ex ddort while, nt spent nioat of the time in | Will be interred fo the flower girls, mards of Rowe” Made uieet to | wound was a
| with the good father until #:30, at Hem 4 Waphlogtot $y bce Dig eps Fae nt diets ciness, and | KeOUR
oh eae hour the Prisoners sesembied In the Fenapue 2 ae ueeee tea four naluaees followed the thrunse apon To
s Be a SL a I 2 BARBER NELSON CasB , wel torched by the a> Ron~
st cag, “Pry a ar ereenge ater while Etionte DéecBainps Jeoked on from adeess of rey Bre and yet bearing | A negro Pee
ede ‘Ranhies bo sent Yor, aaa sections [Sve Saige fos ese co | Wen thy. enriaim ross. aren seni pveeres ere
bel oat ks erent desl agnivae iow oy aning tes bh arch 7. 1801, the whole | upon the eucswpment on the way, Infcred
Se er, st B30 he appesred tn the ch 1 olty was ed by @ wenier comm ttud ‘ Ma Kookh npen e rural throne, yesterday “
AE PPE, eer er pen | ia the eaburbd of: " Mes. Leura | gnd malis aod uel eager to charm ,
: Bee joe gaa eras ae Nelson, the young Sad besatifn 20f Vnee thoughts . to pleasure Feramorz, RUSS 2
; >| Mell Nelapa. 6 at the corner of | she miustrel, comer, makes deop obelsance, Z ‘
and Washington streets, ue the end finde e place at the feet uf the lovely a i
ge RS a A iia The joet ures up drevin | ©: Large “ae
Nelson's testimony Sparen vote haa hy Simy iearthla a
efect that he had employed Baker for rises $n tableaux ts told the stery of | ~ Creaco, Abe
mMarriace to the beautiful] tne “Veiled Prophet.” - correves of the
whom “he tnataiied as.]° During the third tableaux ls the * ow | mi in a riot eee
~ | dane.” Lhe poet strikes a softcr atrsin | prow Ald 8
HF and’ tells the story of “Paredisc and the | inst evening.
: 4+ ¥ert.”. A path of eiouds lead to | rift in | of the ateack
ares _ Tho _mexs pay the clouds, whieh is ee | and window
up the sture, Kelson ‘em oe FUE GATEWAT TO HBAVEN.” => Russian 2
Ing-roorm table ‘}The Peri ie but = sep from heaven. md pen!
the. | @. ray of: Sight almost as - bright :
an beaven’s “own, and — stretches seventy pe
her hand in matea tothe angel sbout 10
‘gaarda the way. Upoa the angel"
-} ehitnes ‘o ethr, the rays.cf which SUumive
: 2 the Pert’s plesding face, guide her apon hee
came down otetra in & pper knd quest and mark the road to beares. When
to Baker, “Phill, don't bacd.” | the ster gleams forth sain the Peri bas
Returuiug @' few winates ‘later, Nelson triumphed, ber search ts ended, the prize is
wite lying on the stairs, hor | foond,) - agi fF ae2
from eat eo ear. Beker was omine gates are passed, and Eicav‘n is won.”
Geltare. . |: The poet disappears, leaving bie imace
gtaven on the ine Th
feuts are sproad -fn}
Ealin: Rookh “awaits the _
zs .

the
the. brides
ks up in trembiing. Sorro
the /inatant. Prines it ta, but still the |
pect. The mitistre! of Dei! is the ruler of
Cashmere, and the heart the poet.woa 1%
xiadly gives te the prince, Joy lived agaid
tu the danee, and (the \muaio’s setty
mucaaures Chased the falling pictare, |»
; i 2°) SUCH Waa Tita STORY .
_— % last night with beiliiant effect. Miss
@etriaty for confession, which, sbynt 9:13, leon teld
Was interrupted bs tho smdden &¢ posranes,}' ba kpew bor set Molise Se Beer oesipn wan tae
ef Mr. Maille, Baker's Inwyor, Who, appar. : a, 1 Mr Ch 3 was see
“@itly xreatly excited, read to Bakor a brief |. Hake ee Peudbienet se) ree a
ion to the eivil district court for an tu- ay Nee ter aFivche attache reir a,
; Pectin testrainiug the execution of the | » ppeal | Prague an: “Weatherstrand the aind we
y) Maptence avainet Baker, and ebarging Nel- £ACUG BUG erstraud the maids ©
qe with the crim $ nh bag 8 honor. Tho children who bore the geriands
Sig cere sites SEUNG. 5" es ae before tae departing © princess wefe a
A eo EME RAISED BAKERS MOPES | ip peless ees aud inclo Misses Sfar
gaiv, and ‘he gate the aftorney #17 with ‘randall, May Crovdre, Lucille and Leonore
* Whicli to pay Cmte: Fn. dg wd _ L ‘eLwo weeks. arg tresy: ia the public Beanoer. May King and. Aline Bene;
> + Centeasion was reauined, and. sbortt af- Me yee ae oes ae es © neblemen were rs. nd- aimir 2%
"Yer Haker attended ase 1n 120 cease ri rhs story oF THE. KILLING |<} deeke, G. M. Dillon, J- D. Dun. St. Flew claiming §
/* for mase Baker took cormmunten, and then} has always been the seme devial of his | ine 1. 2. Frere, Wm. Gurdon, J. F. of all, bec
to the Aacristy fur breakfast. The | cultt its we in testifying as he did was Bnarey, aud-W.dt. Tahecy. The Nubia fused 4
x ct hard?y becn cou:menced when Mr. | tushow Lo baal LO cause to Rill the deceased | Hat ee Were” Messra. Cal Morgao. F, B. ent ts
_¢ (Maile, at 10-45, tenppeared. aud sal he had Jig. teu © away beciuse be | Sani, Wovimitry, D. Dinitry- J. Kraukns,. -yine Hon
\t have # niero. Bakot-williuxly gave him he. Rad, in & fit af sudden anger, Olu fteros, Jr.. E. Carmichas!, W- GQ, Leh
ibe money, and be disappeared down the “ Weison. NeleudD . bad etwployedt. bins | 3", Uf. Fassr-an and Joe Masgrore. The variety ©
‘Sentra, two stepa tn time. “ot gt epalary Of895 pet weansh. Oy March 7, 1991, Nubians exafuted a drill with ebiell and 4
Baker then retnrned to his meal, of which | Netsou would give bitin but to, and acoused | «beer. which wae quite pevei and effective. Cures oe
od x with relish, finishing iis repast | bira e¢ erhuinal tnttmacy with Are, Nelson, In the tabdleany of “Paradise and the :
gil e’clook. PENIS ES, liot words Iollowed, then Glows, awl, Pert? Miss Kioma Musvrore wea the angel
‘ APthis hour, while Leachamps was on the | driven dy Nelson into the grocery, and hard and Misa Agnes Moarthur the Peri. The low dock
oa lery m frout of his cell conversing with | presscd. he had setzed @ bag of aot and |.»adow daneco was beautifnily.cxeeuted by | Phe Com
cp ry, LeMovnier and Hara, Chiet Depaty | suuck Nelson with it vu the head ~ When | Mire Louise Parsley and Mr. Uberies Hello-
oh + Arnoatt and ottcrs, Captain Lom Daria ay | Naieou fell, Daker thought bo had kiliod | WA). The posturiug saa cren more im- of the ve
with amessicea from Sherif VUlero, him, aud ran AWOY, Drst faking the GH due | portant then the dagciug steps, and Misa discrimir
ting thatine reepi:e had been xtanted him from the drawer.” Heda not kil Mrs, Parsles’s tithe feure ‘Ient itecif to orery :
Whe old Fredoliuan, wise that lo, MF. Vil-ot Nelson, ant thant Nelaon did ttin hile | succestivn of grace, and deserved the triplo | other i
Was at the civil oourt, awaiting | roca and jealphsy., Mrs. Srison «id pot recall. Sere Sz - “
& iy wl goa decision on the petition jo | come down ‘*taira while Gaker was in the THE CONCLUDING DANCE comnpo
cy Wee ater ouae 6 ctr paitding. This how Blwayh been Baker's | was the feature of the evenicy. It was
Rs eeptaly | Ds\ IK turned the note axek tof storys Tope ike seme oriental fp chhrseter, love was the mature
‘+ er I b: y) tf) cto ae : rs ‘
peat be har pene ees enc gure ft “aly, Giesot tentified tat 1 gavé him a of the music, the costumes wor hand-

Pe 3 tof the ecime..> ier some, and every. greeping was B stare
Oo TRE MO MO-ATIEA DEL) CRIMES AL, aeeieal, Tce corkat tot lint se of Weruth and ocvtor and youth and pe

make s states

= Mrted very pais with sadden emotion, and | mers 1eure Nelnot this ‘afternoon. &he creche iil ot hes heyy
&) When the physician had translated she note Ww} bot aecakte my spirit of her murder,” forms swated until fair beads simost
‘ Frenet be. shragged hts avoniiers aud wicker ers ck eA 4 5a touched the shoulders of wooing Cyraticrs, beeause
on Af Wetl, Pin not aorry tor it.” 4 TRANSFERS OF REAL ESTATE, valiant« stepped back to sco how fuir the arance
, So brand gactdo = chanke of ovler he show ae hle to Peter Buch! jnaidena were, aul the inst: pote, }rought seu
: trust ju tho aiatter, and taroed bt Peter Bchnetie eter Buehler. ove lot, | tho yvooers Ws heir knees, the maidens | Ng bigh
~ Mtheation to the peapjo avout him, ohatting Constance, Lanrel, Kerlin pnd Nitan, $39. P bending over With outatreteved — arrus :
ty. and earelesaly ga all toplce Mra. 2. Fe Leal ahr : inn, MWe mererer | reting of Jove’s Consent and aeweet content doses 3
Teeth un for dtgertentan.. rtion uf le heh Hi i. Orleans, Kovert: | the dancers were Miss Axuee McArthur | the mos
vi Onews Win Tecrived on evory band | gon, St. Peter and, Mere, $130, au Mr. EK. LoFerstall, Mise Netlio Toit aml’
th expresal.isule treme diasatiafactton. Mra. dirhiget Craroy tw James Hanler. + Mr. Ed Dioxkelapiel Mies Stella Viukelspiel
Ma. OR All sides was Besta tho rormar. “Ly one jor, dire, Patinyray Gaives ant dae | ad Bir, Bryan Hinck, Mies Narclese ‘at:
/ teh wae Harer iuatead. That’ Peench Lae Nera F wy SY jiats aud Mr. Vernon Veuatie-, Sia4 Fan-
eS CUCU to Pande” > i. ff. Louis te his AY Lrowntug, {Wo tiie drew end Afr. EB. Aldrich Nise Katelle
Fo Parnell Frand frou: 1h ea Bak of Tiree nee edt. Base} Turner wud SF. Ny Guiliewet. Mise E, Dink,
int Of Liao peapetrul ways ae vit ‘ cays ke agp ming oo ho Mew : é
AES Nations’ perkone were hentia. wordy: that | pecte, one Jets Vast ats, orth Et Fvalels Bene ee ei acabband Mf ,
Made it evident that hat anroun at sitc:-| and At f Hveles. Lert Jah GE Beek nD WAM. Pareety, Misa V Wiihteus “i Mr. A. ‘
ae BALE openly thers would bare bec & |. Peter ie etroutaa: Valaion Behuntts, for | Venables, nud Mian Rattle Hall aud Mr. | Out call 19
ng Pattee. ln Ane cpiusty: Walls, ‘aud | juts: Tehvup!toilag, Valmont, Meicouatte, | agquipts Rog wet, Mise K. bowty and Mr. Ss. expels tg

esctisine wonld hare been Buse wD hor] and Front, FiOS oe eee tea
on than fhe aontence hud called for. | Saattiow Farand te Te minh Lyons, ove

41)

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ago, perhaps longer. Plaintiff traces title
through Benjamin Kendig, who purchased
from Charles Gardiner and heirs of A. Bab-
eock on the 4th of June, 1835, and by the
following description, viz. : “All that lot of
ground situated in the suburb St. Mary,

SOUTHERN REP

Q | ;

ORTER, Vor, 10. (La.

plaintiff's authors was one per aversio-
nem, being a designated space within
fixed boundaries, that have never been
changed. In relation to the actual situs
of the wall in controversy, the evidence
satisfies us that it only infringes on the
plaintiff's premises to the extent of about

* * * measuring forty-seven (47). feet
front on Carondelet strect, by eighty-two
(82) feet in depth, (opening about three
feet in said depth,) and giving about fifty
feet, French measure, on the rear line;
bounded on the side next to Hevia street .
by the property now or formerly beloug-
ing to Widow Brogrard; and on the side
next to Girod street by that now or for-
merly belonging to Edward Colesward.
This lot of ground {is sold by the bound-
aries, be the measurement more or less
than is above specified,” ete. This is the
sume description by which Babcock and
Gardiner purchased on the 18th of March,
1833, from the estate of Robert Lewis; and
the sume description is given in the deed
of Louis Robert to Robert Lewis on the
92d of September, 1833. In 1818 this lot
was conveyed by Jean Laurent to J. P.
L’Aubry, as having a front of forty-seven
(47) fect, French measure, or fifty (50) feet
one (1) inch, American measure; and Jean
Laurent seems to have derived title from
his father, Jean Louis Laurent, subse-

5-10,0f an inck, i.e., the superstructure, but
having about 2 fect of basement or foun-
dation thereon. There was a good deal
of proof udduced to show that the wall in
controversy, and which was anciently an
outer wall, gave evidence of its having
been used as a party-wall; but, as our
opinion is that the facts stated constitute
it inlaw a party-wall, it is needless to dis-
cuss this question. Rev. Givil Code, arts.
677, 685. The acts, conduct, and apparent
acquiescence of the parties and their au-
thors arein keeping with the view weenter-
‘tain of the testimony. It seems to have
impressed the judge of the court below as
it bas impressed’ us. ‘There is no reason
apparent why we should alter his finding.
Judgment affirmed.

Rehearing refused.

—— oe

(43 La, Ann, 1168)
(No. 10,877.)
Dec. 14, 1891.

SravtE v. BAKER.

(Supreme Corrt of Lowisiana.
43 La, Ann.)

quent to 1804,—date not specified. It ap-
pears from the profile and exhibits ¢exe-
cuted by Pilie and Grandjean jointly that
since 1833 the titles of plaintiff and of her
authors call for a front measurement on
Carondelet of 50 fegt and 1 inch, Anerican
measure,—just the same as that called for
in the deeds of the Laurents, in 1810-1818.
It also appears from the same evidence
that in 1814, when the property of the de-
fendant was owned by Generior Metoyar,
that bis deed called for 95 feet, French
measure, or 26 feet Tinches and 6-10, Amer-
jean measure. The measurement is just
the sane in the deed of Euphrasine Duvi-
eux in 1817; and inthe deeds of the defend-
ant and his intermediate authors the same
American measurement is preserved, Viz.,
wor 7 (yv/", fixed.” Thus it appears, irre-
sistibly, to our minds, that the ancient
boundaries of these two propertics have
been well and faithfully preserved, While
itis true that the said exhibits do show
that plaintiff possesses 7 inches over and
above thecalls of ber title, “i. e., 50’ 8,”
instead of 50’ 1’, “more or less;” yet they
do not show that same was absorbed
from the property of the defendant; for
said exhibits show that while defendant’s
titles call for 26 feet 7 inches and 6-10, he
has in. possession 26 feet 10 inches and
5-10,—an excess above the calls of his title
of 2 inches and 7-10 of an inch. They also
show that Fannie Cholard, on the corner
ot Girod and Carondelet, occupies 2 inches
and 3-10 less than her titles call for; and
that the M. E. Church (which adjoins the
plaintiff on the Yonal-street side) is in Ppos-
session of 1 foot and 3 inches and 5-10 less
than the calls of its title. But, as there is
an atley-way intervening between the
plaintiff and the ehureh edifice, that may
be easily adjusted. The defense set up is
not good.

In addition to the foregoing argument,
we ineline to the belief that the title of the

Cross-EXAMINATION OF ACCUSED.

The only error assigned on this record re-
lates to the ruling of the judge in permitting the
state, on cross-eximination of the accused as @
witness, to ask a question objected to on the
ground that the matter thereof was not referred
to in the direct examination. The statement of the
judge negatives the ground of o)jection by show-

and elosely connected with matters testified about
on the examination in chicf. The rule restrain-
iny the state on cross-examination never went
further than to exclude questions on matters not
connected with those referred to on the direct ex-
ainination.

(SyWabus by the Court.)

Appeal from criminal district court, par-
ish of Orleans; JOSHUA G. BAKER, Judge.

Prosecution against Philip Baker. From
a judgment of conviction he appeals, Af-
firmed.

Lionel Adams, for appellant. Walter
H. Rogers, Atty. Gen., for the State.

Fenner, J. The only complaint brought
to our notice by this record arises under
4 bill of exceptions taken to the ruling of
the court in permitting a question pro-
pounded to the accused. on his cross-ex-
amination by the state, which was ob-
jected to on the eround that the question
related to mattterabout w hich he had not
been asked and had not testified in his di-
rect examination. The statement pf the
judge appended to the bill clearly shows
that the question related to a subject
closely connected with the matters testi-
fied about in the direct exainination, and
this is suflicient. State vy. Poynier, 36 La.
Ann. 573; State v. Stuart, 35 La. Ann.
1015. Whe rule never went further than to
restrain the state from cross-exanilining
defendant’s witnesses on matters pot con-
nected with matters stated on the cxam-
ination in chief. 1 Greenl. Ev. p, 521, No.
| 445; State v. Swayze, 30 La. Ain, 1523;

ing that the matter of the question was directly -

pro:
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ON JAILS & PRISONS

VOLUME 12, NO. 1

WINTER 1985

The Killing Of Tim Baldwin

Editor’s Note—Many members of the S.C.J.P.
considered Tim Baldwin to be innocent
of the murder charge of which he was
convicted. This article does not chronicle
the reasons for such a belief (see summer
edition 1984 for such information) but
records the last nine hours of his life
preceding his execution on September 10th,
1984 at 12:18 a.m.

On September 9th, shortly before 3:00
p.m. | arrived at the Louisiana State Penitenti-
ary in Angola with Mary Kay Baldwin,
daughter of Tim Baldwin. We were cleared
by security and driven in a state car by a
guard to Camp F. Camp F is not death row
but the housing unit where the condemned
are taken a few days prior to execution.
he electric chair and holding cells are in
Samp F.

After arriving at Camp F we were led into
a foyer with a metal door which had a
screen in its center. We pulled up plastic
chairs and sat looking through the screen.
On the other side of the screen, sitting in
a chair and manacled was Mary Kay’s father.
Within hours Mary Kay would lose a father
and | a good friend.

We exchanged greetings and launched
into conversation. Tim was deeply concern-

ed about his daughter and talked forthrightly.

At one point, | glanced at Mary Kay, who -

sat with her head bowed. The tears were
rolling off her face into her lap as her Daddy
talked to her about what her life should be
after his death in the next few hours. It was
almost too much to witness as daughter
and father expressed their love for one
another in words through the screen.

At 6:00 p.m. the visit concluded. The
guard opened the door separating father
and daughter and they embraced. A tender,
tight hug, despite Tim’s handcuffs, seemed
unending. Finally, they parted and Mary Kay
left in tears. Tim returned to his cell and
| joined him outside his cell door for the
final six hours of his life.

As Tim ate his bacon, lettuce and tomato
sandwiches, we talked about the recently
concluded visit. His worry for his family,
especially Mary Kay, was moving. He took
his responsibility seriously as a father to
his children and step children. He was fond
of saying: ‘‘There are no steps in our fam-
ily. We are all together.”

As Tim ate his second sandwich, warden
Frank Blackburn entered the walk and came
to the cell door. Frank Blackburn had a
drooping moustache and inhaled King Ed-
ward cigars constantly. He recently came
out of retirement to return as warden of the

Chicago Benefit

On September 30th a crowd of people
gathered at Christie Hefner’s home in
Chicago for a benefit on behalf of the
Southern Coalition on Jails and Prisons.
The benefit was sponsored by Ms. Hefner
and J. Roderick MacArthur to assist in
raising money for the Southern Coalition’s
fight to abolish capital punishment. The
guest of honor was Mike Farrell, who flew
in from Los Angeles for the occasion.

Ms. Hefner, Mr. Farrell and the Rev.
Joseph B. Ingle—director of the Southern
Coalition on Jails and Prisons—addressed
the gathering describing the reality of the
death penalty in the South and the or-
ganizing effort to halt its imposition. Mike
Farrell's remarks compared his recent trip
to Central America where he observed the
work of the death squads and our own
“death squads” in America.

The evening was a success in terms of

Pictured from left: Mike Farrell, Rev. Joseph Ingle, J. Rod-
erick MacArther, Christie Hefner and Lance Lindblom.

fund raising and for the people it brought
together to learn of the work of the Southern
Coalition. A special appreciation is in order
to Christie Hefner and J. Roderick Mac-
Arthur for cohosting the occasion.

L..SuP.

Warden Blackburn simply wanted to
know if “Tim had everything he needed.”
The visit was brief but cordial and he
soon departed. Blackburn had mentioned
the ‘‘schedule” and Tim nodded he under-
stood what to expect. | inquired of Tim
what the order of events was to be.

“1 get to make my phone calls at 8:00.
I’m gonna call Nancy and my family in Ohio
and Monroe. Then at 9:00 they come to
shave my head. At 11:00 the priest will
come for communion. They’re gonna do it
just after midnight.”

As | sat on the chair gazing through the
cell bars, eating french fries Tim had given
me, | shuddered at the schedule. It seem-
ed like yesterday that | and some of our
supporters were having dinner with warden
Blackburn in his home atop a hill overlook-
ing the prison. | remember the warden talk-
ing about the electric chair folded up in
his garage. His wife wanted to paint it and
turn it into a plant container. We laughed
at the prospect in 1977. Now that same
chair would char Tim Baldwin under the
supervision of a man who once:considered
converting it into a planter.

Tim was nervous. He confided his fear
to me while maintaining a brave appearance

-for the guards. He desperately wanted to be

able to make a last statement. but was
worried “my knees will be knocking so bad
| won’t be able to think.” He pulled several
pages of writing from a folder and proceed-
ed to go over it with me. It was a final
statement he wanted me to issue to the
press.

The time passed swiftly as we discussed
the final statement. He stopped to make his
phone calls and as he did so | reviewed
his words. By the time he completed his
phone calls | had some suggestions to
make. It was approximately 8:40.

The tone of Tim’s remarks was bitter
and at places sarcastic. Although such was
reasonable to me since | shared his anger
at an innocent man being killed by the
state, | simply asked him if he wanted to
lower the intensity of the anger somewhat
for the public. He was agreeable to my
point and we made some minor editorial
adjustments.

At about 9:15 the death squad arrived to

(Continued on Page 4)

NEW YORK — Sint the state.
of Virginia executed 32-year-old
Morris Mason last week, it de-

--Monstrated. once again that the .
death penalty is a hideously un- ‘4
certain punishment, by no means 4

:3.0.i, reserved only for’ those. in-#
disputably responsible . for the’*
most terrible crimes. Hi Saleeee
=Mason was a retarded black:
man with an I.Q. of 66, who hadf, ;
been diagnosed by the state on ~*
three occasions as a paranoid.
schizophrenic. He was found guil-
ty of a brutal rape and murder ©
committed only after he had vain-=.
ly pleaded with the state to be:
- taken off the streets and put back>

~ into custody. When his execution -

‘was originally scheduled last .
January, I asked in this space_a- _
question that bears repeating: :

_ Was Morris Mason so clearly”
responsible. for his behavior that -
the state had to kill him for it? <

Just the day before the Virginia

‘execution, Texas provided a dif=--

‘8

ferent example of the death pen-. ~

soos". alty’s uncertainty — despite its
as unquestioned finality. Charles ~
Milton, another black, was put to»
~ death for the killing of a woman
during a robbery of a liquor store.
age iy in Fort Worth. When Milton point- ;
: geese eh ed a gun at him, the store owner —
‘.* 4 grabbed the barrel and a fight
ensued. The owner’s wife broke.
two bottles of wine over Milton’s «
head; but the gun went off while

the men struggled for it and the.
woman was killed. '

BAe Mini ae hae At the time, Milton had no prior
ie Sees eonvictions for violent crime, —
although he was later convicted of
three armed robberies committed
three days before the shooting. He ,
came from a family
characterized as middle-class and
respectable, but had become in-
volved with drugs. Is the death
penalty necessary for a defendant
_,. with no long history of violent
_' crime and for a death that oc- -

Er oY

Death off” A

;
; oe SRG f.
ot sl sical
oe ae es bj sett
t-# ‘
* Pek

4 Monday, July Ve

ae: UN

QUI

_ Wicker

N.Y: Times Columnist

curred during a struggle?
Last March, Georgia executed

. John Young, a 28-year-old black
who had been on death row for 10:

years.. His background. alone

* might seem cause to question

whether::the death penalty was
appropriate. As a child he had
been sleeping in the same bed
with his -mother,:a prostitute,

when she. was murdered beside:

him; he was left to fend for

himself from age °8,- becoming, °'
among other things, a child ‘pros-:

titute in, order to survive.

to question his execution. His
court-appointed lawyer, who was
later disbarred for drug abuse,

called no pertinent witnesses on .

his behalf —. including three per-
sons who had survived his crime
and were prepared to recommend

- life imprisonment instead of ex- *

ecution.

A defendant facing the death
‘penalty surely should have ade- :

‘quate legal representation: But
because so many are poor and ill
educated, they often have only.

court-appointed lawyers with lit-

tle interest in the case or the de-
fendant, and who have no expec:
tation of a big fee.

Roosevelt Green was executed
in Georgia last January for a
murder during which he was not

even present; his partner in a kid- ,

napping pulled the trigger while

Green was off pede. gasoline for

is oe

je8tionable

. the trial judge as merely ‘“‘an ac-

- <rLouisiana : ‘may’ well have ex-'

_But:the ‘‘defense’’ he received
in court is an even better reason ;

- cent, of course, is only the most _

1985, THE TUSCALOOSA NEWS

their car. He was dtneritiod: “a

complice in a’ murder éommitted
-by»:another--person and his
participation in the homicidal act: -
:was relatively minor.” ©!)

ecuted an innocent man when it

put Tim Baldwin to death in Sep-

tember 1984. Another victim of an

inadequate defense, Baldwin was

never properly identified as the |
killer of an elderly -woman. °
Before she died, she told the

police she did not know her as-

sailant. Yet she was godmother to

one of Baldwin’s children. After

his conviction, “a “motel “regis-"
tration slip: was found that in-:

dicated he was 70. miles away at

the time of the murder. Baldwin

was offered a reduced sentence in

exchange for a guilty plea but

went to his death rather than”
enter such a. plea.

“If execution can be justified “at ;
all, ‘it certainly should be: re-
served for those unquestionably
responsible for the worst crimes.
But for any number of ‘reasons, -
whether a particular defendant
should have been executed is all
too often all too questionable. »..°°

Sometimes the evidence in-| _
dicates that an executed person |"
actually was guilty of a lesser
crime than that for which ‘ex~
ecuted...Sometimes ‘the trigger
man gets off with life imprison-
ment or less for turning state’s
evidence against an accomplice,
who is executed. Psychiatric tes-
timony about a convicted person’s |
mental state is often ignored, or
not: admitted. Inadequate legal
defense, perhaps more frequently
than anything else, results in the
execution of persons who should
have received lesser sentences. ._

That a person executed might
later be found to have been inno- =

dramatic of the possibilities. aude
Za

"F Bret. ae Sy

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| - reas

SOUTHERN COALITION REPORT

TIM BALDWIN...

(Continued from Page 1)

shave his head. As we observed these
seven men enter the walk and proceed
toward the cell, Tim remarked, ‘“‘They’re
big enough ain’t they?” Chuckling at Tim’s
humor, | noticed each man looked like a
retired professional football lineman. The
contrast between the men of the death
squad and Tim, who was all of 150 pounds
and small of stature, was striking.

During the fifteen minute head shaving
ritual, | was in a large room outside the
cellblock. Several guards approached me
‘-dividually. Each of them confided that he

as only doing a job, didn’t want to do it,
«id wanted Tim to know it was nothing
personal. This gesture struck me as a gen-
uine attempt by these good ol’ boys to
let Tim know of their concern for him. My
astonishment and bewildermefAt at the
guards confiding such to me, an outspoken
opponent of the death penalty, did not
translate into anger. As | gazed into those
faces, | saw the eyes of troubled men,
desperately seeking to justify their actions.

As the death squad exited the walk |
returned to Tim’s cell, bracing myself for
his appearance. | found him gazing into the
mirror over the toilet, with his back turned
to me. As | saw his reflection in the mirror,
the vulnerability and helplessness were

. translated in a glance. Unspoken, we both

felt his imminent doom.

Tim turned and came back to sit on the
bed. In addition to shaving him, they had
him diapered. The throwaway diapers peek-
ed above his hips. “They put two big
Huggies on me,” he said, forcing a smile
at the ludicrous situation in which he found
himself. A grown man, diapered, shaved,
stripped of his dignity, in preparation for
his killing. In order to kill him the state
was transforming him into an infant, bald
and diapered, ready to be disposed of.

We finished going over his final state-
nent. As the reality of his killing neared,
lis naive belief that the United States
criminal justice system would not really
kill an innocent man dissolved. Less than
three hours from his death, the awareness
of it all overcame his faith in our system

of justice. Although he maintained a sense

of humor to his death, he was a bitter man.
“You know Joe, | guess | should
count myself a lucky man. The Gov-
ernor has decided he’s against
the death penalty, the Attorney Gen-
eral is against it, four of the five
members of the clemency board are
against it. What more could a man
ask for?”
Tim had placed his finger on the bizarre

nature of his fate. All of those individuals

-were against the death penalty yet they

were going to let him, an innocent man,
die. The emotional roller coaster of the
last month, which culminated with Gover-
nor Edwards meeting personally with Tim
in the warden’s office and his denial of
clemency one week later, had been a numb-
ing experience. The scenario had been too
much for any of us to comprehend. We
just endured and fought desperately to
keep Tim alive. Now we knew the fight
was over.

Until 11:00 p.m., Tim and | talked. He
was concerned about his family, his friends,
about me. “Joe, you should be home.
You can’t keep doing this. What does
your wife think?” | responded forthrightly:
“Tim, | wouldn’t want to be anywhere
else right now except with you. God knows
| wish we weren’t here, but Becca and |
both strongly feel | am in the right place.
We love you, Tim.”

The Catholic priest came in for the last
rites and communion. | walked to the far
end of the cellblock and talked with
the young guard who had been stationed
there throughout the evening. Since | knew
Tim had no prior relationship to the priest,
| hoped he would be brief.

At 11:30 | observed the priest return-
ing his rosary beads to his pocket. |
walked up to the cell, standing behind the
priest’s left shoulder. | saw him smile at
Tim and remark, ‘You know, my son, it
won't hurt.” Enraged by the comment, |
had to restrain myself from lifting the old
man up and throwing him against the bars
and shouting: ‘It won’t hurt! How could

Lee Miller

you say that! If it won’t hurt, maybe we can
have you take Tim’s seat in the electric
chair.”

Sensing my anger at the priest, Tim
ministered to me. “Don’t worry about it,
Joe. He was just trying to say something
comforting.” The words brought me up short
and | understood. All night long this man
before me had been humiliated and demean-
ed as he was prepared for killing. Yet he
not only understood those whose actions
were directed against him, he forgave them.
In his last half hour on this earth, his
concern was for those around him—priest,
guard, warden, friend. Although bitter at the
state for killing him, an innocent man,
he had transcended those feelings in a
manner that, while not denying them,
did not allow them control over his behavior.

At midnight warden Blackburn appeared.
“It’s time, Tim.”

Tim stepped through the opened cell
door, hobbling down the corridor with
manacled feet and hands. | followed behind
as Tim accompanied by the warden and
the death squad crossed the foyer. He was
marched through a large room crowded
with people. He then proceeded to the death
chamber. The warden positioned the micro-
phone before Tim. Looking out through
the glass at the witnesses, Tim remarked:
“| was afraid | would be too nervous to
say anything. But | do want to say some-
thing. | am an innocent man. You are
putting an innocent man to death. It takes
a special kind of person to live with them-
selves to do that.”

| prayed a prayer of thanksgiving as Tim
spoke. He had been so concerned he would
be unable to speak and now he spoke
flowingly, eloquently. | watched them escort
him to the electric chair. It stood on a
raised platform, like a throne. The throne
established for the king of death who
welcomes another sacrifice. As he stepped
up, | called out: ‘I love you.” | wheeled and
left the room with the sound of the gen-
erator rising in my ears.

—Joe Ingle

SOUTHERN COALITION REPORT

ENVELOPE
ART

Many prisoners draw illustrations on
envelopes mailed to families and friends.
This art form is one of many artistic
expressions emerging from the experience
of confinement.

SOUTHERN COALITION REPORT
Published by the Southern
Coalition on Jails & Prisons, Inc.
P.O. Box 120044

Nashville, Tennessee 37212

BALDWIN...

(Continued from Page 6)
acity to brutally beat an old woman—the
Godmother of one of my children.”

Tim Baldwin may be executed and later
found to be innocent. In the past, a number
of individuals sentenced to die were found
innocent and freed after several years of
legal challenges, including Johnny Ross in
Louisiana. And the facts in Tim’s case raise
substantial questions about his guilt.

The U.S. Supreme Court, in its 1982 Edd-

wATT ESP
BGX 6205
UNI VERSI
TLSCALCO

ings v. Oklahoma decision, stated:.‘‘Capital
punishment must be imposed fairly, and
with reasonable consistency, or not at all.”
The execution of Tim Baldwin would make
a mockery of our judicial principles.

(Ed. note: As we go to press Tim Bald-
win's execution has been set for September
10.)

Non Profit Organization

U.S. Postage

PAID

Nashville, Tennessee
Permit No. 122

325486

Dehe:

to second-degree murder

still means that he would be

admitting, whether he was innocent or not, that he had
“actually killed someone and by his plea that would have
been evidence of that admission. Does your feeling
about that bargain, so to speak, still stand? Or does
it change once the person has rolled the dice?

Uh, once he rolled the
I say. electrocute him.
through seven sentences
othy Baldwin. We say t
off ice is asking you t
death penalty for this
in the name of the peop
and Mary Jane Peters.
that choice. He made t

dice and makes his choice, then
We have said that for six years
and all these appeals for Tim-
o you today, the District Attorney's
o impose, not to remove the
person. We ask you to do that
le of the State of Louisiana
My attitude was that he made
he choice and let's get it on.

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678 La.

Prejean, aged seventeen, killed police offi-
cer Donald Cleveland with a revolver. The
aggravating circumstance was that the vic-
tim was a peace officer engaged in his
lawful duties. LSA-C.Cr.P. art. 905.4(b).
Despite the mitigating circumstance of Pre-
jean’s youth, he received the death penalty.
LSA-C.Cr.P. art. 905.5(f).

Considering this sentence in relation to
the mitigating circumstances in LSA-C.
Cr.P. art. 905.5, the Post Sentence Report
shows that Baldwin has a prior history of
criminal activity commencing at an early
age.

There is no evidence that the crime was
committed under the influence of mental or
emotional disturbance. Dr. John N. Rit-
chey and Dr. Merritt N. Dearman, a psychi-
atrist, concluded that Baldwin did not have
any mental disorder which prevented him
from understanding the proceedings against
him and assisting counsel in his defense.
Neither doctor found a psychiatric illness or
any evidence to suggest a history of psycho-
sis. Dr. Ritchey stated that Baldwin has a
“Character Disorder” but no mental impair-
ment. Dr. Dearman felt that Baldwin falls
into the category of a “socio pathic person-
ality, anti-social type.”

There is no evidence that Baldwin was
under the influence of another person when
the crime was committed. On the contrary,
he has a strong personality and was a lead-
er rather than a follower, as in his relation-
ship with Jones.

Baldwin did not claim any extenuation
for his conduct. Although he denied the
crime in interviews with the two physicians,
he admitted that Ms. Peters endured “a
very brutal death”.

There is evidence that Baldwin was
drinking on the evening of the crime, but
nothing to suggest that his intoxication was
such that he was unaware of what he was
doing. Far from exhibiting a mental de-
fect, Baldwin is of above average intelli-
gence and claimed an I.Q. of 147.

Dr. Dearman gave Baldwin’s date of
birth as September 17, 1937, and the Post
Sentence Report gives his date of birth as

388 SOUTHERN REPORTER, 2d SERIES

September 17, 1942. Regardless of which is
correct, he is a mature man with a large
family and not a youthful offender.

There is no evidence that Baldwin’s par-
ticipation in the crime was minor. Al-
though the testimony of his wife and two of
his children indicate that Baldwin was at
one time a good husband and father this
was not the case for a long time prior to the
murder. He had left his wife and family,
and was not supporting them. It is con-
tended that his high I.Q. would enrich the
prison community, but, in view of the doc-
tors’ evaluation of his personality, it is
doubtful that this would be the case.

The record does not establish that Bald-
win’s death sentence is disproportionate
when viewed in comparison with that met-
ed out for similar crimes or that the sen-
tence is excessive.

For the reasons assigned, the conviction
and sentence are affirmed.

AFFIRMED.

DENNIS, J., concurs with reasons.

DENNIS, Justice, concurring.
I respectfully concur.

I remain of the belief that our scheme for
review of the proportionality of the imposi-
tion of the death penalty is constitutionally
flawed in not mandating statewide review
of the sentences imposed in similar cases.
See State v. Prejean, 379 So.2d 240, 249
(La.1980) (dissenting from denial of rehear-
ing). However, the extraordinary deliber-
ateness and brutality of this murder of an
84-year old woman for her valuables clear-
ly justifies the death penalty without need
of extensive comparison with other of-
fenses.

KEY NUMBER SYSTEM

°
4ums

STATE v. BALDWIN La. 679
Cite as, La., 388 So.2d 679

STATE of Louisiana
v.
Timothy George BALDWIN.
No. 66962.

Supreme Court of Louisiana.

Sept. 3, 1980.

Defendant was convicted by jury in the
4th Judicial District Court, Parish of Oua-
chita, Fred Fudickar, Jr., J., of simple es-
cape, and he appealed. The Supreme
Court, Lemmon, J., held that: (1) trial court
did not abuse its discretion in denying de-
fendant’s motion for change of venue; (2)
defendant was not prejudiced by trial
court’s refusal of his offer of evidence of
publicity disseminated before prior murder
trial in which defendant was convicted and
sentenced to death; (3) no error occurred in
denying defendant’s motion to recuse trial
judge and in refusing to submit such mo-
tion to another judge for hearing; (4)
guidelines established in Louisiana for de-
fense of justification were not unduly re-
strictive and did not infringe upon defend-
ant’s constitutional rights; and (5) offered
proof was insufficient to establish defense
of justification, and thus trial court was
correct in excluding this evidence.

Affirmed.

1. Criminal Law <= 126(1)

In order for defendant to be entitled to
have his trial moved to another parish he
must prove more than mere knowledge by
public of facts surrounding offense, and
defendant’s burden of proof is to show ex-
istence of such prejudice in collective mind
of community that fair trial is impossible.

2. Criminal Law e121, 1150

Whether defendant has made requisite
showing in support of his motion for change
of venue is question addressed to trial
court’s sound discretion, and that court’s
decision will be disturbed on appeal only on
affirmative showing of abuse of discretion.

3. Criminal Law ¢=126(1)

Considerations in determining whether
to grant request for change of venue in-
clude nature of pretrial publicity and par-
ticular degree to which it has circulated in
community, connection of government offi-
cials with release of publicity, length of
time between dissemination of publicity and
trial, severity and notoriety of offense, area
from which jury is to be drawn, other
events occurring in community which either
affect or reflect attitude of community or
individual jurors toward defendant, and any
factors likely to affect candor and veracity
of prospective jurors on voir dire.

4. Criminal Law e121

In prosecution for simple escape, trial
court did not abuse its discretion in denying
defendant’s motion for change of venue,
where nature and degree of pretrial publici-
ty about escape was not unusual, connection
of government officials with release of such
publicity was routine and minimal, length
of time between dissemination of such pub-
licity and trial was seven months, offense
was not so severe as to attract substantial
notoriety, and while prior murder trial, in
which defendant was convicted and sen-
tenced to death, received considerable at-
tention, escape did not achieve same notori-
ety, and trial record did not reveal any
factors likely to affect candor and veracity
of prospective jurors on voir dire. LSA-C.
Cr.P. art. 622.

5. Criminal Law @134(1)

In prosecution for simple escape, de-
fendant, who filed motion for change of
venue, was not prejudiced by trial court’s
refusal of his offer of evidence of publicity
disseminated before prior murder trial, in
which defendant was convicted and sen-
tenced to death, because such evidence, al-
though relevant, would only have been re-
petitive and would have served no useful
purpose, where trial court had previously
denied motion for change of venue before
murder trial, after extensive hearing, and
that denial was affirmed by Supreme court
on appeal because newspaper coverage was
routine for murder case and lay witnesses

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682 La.

community which either affect or reflect

the attitude of the community or individual

jurors toward the defendant, and (7) any
factors likely to affect the candor and ve-
racity of the prospective jurors on voir dire.

See, generally, Annot., 33 A.L.R.3d 17

(1970). See also State v. Felde, 382 So.2d

1384 (La.1980).

[4] As to the nature of pretrial publicity
and degree of circulation in the community,
the story of the escape was aired on March
4 and 5 on three newscasts on KNOE televi-
sion, and another about defendant’s reap-
prehension and transfer back to Monroe
was aired once. The news director of
KNOE, which covers 30 parishes or counties
in three states, testified that this is not an
unusual amount of publicity for an offense
of this type.

A story concerning defendant’s escape
was broadcast three times on KNOE FM
radio, which covers 19 parishes and has an
audience of 375,400 people, and three more
stories were broadcast after he was cap-
tured. The news director testified that
there was nothing unusual about these
broadcasts and that the station did not give
any more publicity to this escape than to
any other escape.

The Monroe News Star World, a newspa-
per whose morning edition had a circulation
of 38,224 and whose evening edition had a
circulation of 11,274 in April, 1979 in 16
parishes, carried several stories about de-
fendant’s escape. The Monday, March 5,
1979 issue gave front page coverage to the
escape, with pictures of the four escapees
and another article on the escape appearing
in Section B. These stories gave the details
of the escape and the names of those in-
volved. Another story appeared in Section
B of the evening edition with a headline
reading “Escapees Sought”. An article
stating that the prisoners were still at large
appeared in Section B of the March 6 morn-
ing and evening éditions. On Thursday,
March 8, 1979 the story of defendant’s cap-
ture in Ohio ran in Section B of the morn-

ing edition, and another article about the
capture appeared in the March 9 edition.

2. This sort of “try me” voir dire has been found
useful in other cases. See State v. Bell, above.

388 SOUTHERN REPORTER, 2d SERIES

Defendant’s name was also mentioned in an
article about one of the other escapees in
the March 18 morning edition.

Thirteen people randomly selected from
the community were called to testify at the
hearing of the motion for a change of ven-
ue, and nine had read or heard about the
escape.2, One person commented that she
had heard of several escapes and that it was
possible that she read about this one, while
another stated she could not remember this
particular escape because there were so
many escapes in the area. A third person
remembered this escape because his wife
had served on a jury case in March, but
could not remember the names of the peo-
ple involved or any other details. Three
other persons had read about the escape
and knew defendant was one of those in-
volved. A seventh person heard about an
escape, but did not know when it occurred
or who was involved and had never heard of
defendant. Another person’s mother had
told her that defendant had escaped and
been caught, while four others did not know
anything about this escape.

Most of those questioned believed defend-
ant could get a fair trial and that they
could serve as impartial jurors. Only one
person was convinced defendant could not
get a fair trial in Ouachita Parish, while
two others were unsure and two more were
not asked.

As to the connection of government offi-
cials with the release of the publicity, the
news director of KNOE television testified
that the sheriff’s department notified him
of defendant’s capture, but could only as-
sume the information about the original
escape was received from that department.
The news director of KNOE FM and AM
radio testified that when he received infor-
mation that the escaped prisoners were
back in custody, he called the police and
confirmed the story, but he could not re-
member whether the information about the
original escape came from the police depart-
ment.

STATE v. BALDWIN La. 683
Cite as, La., 388 So.2d 679

heard about the escape, many did not know
the details or that defendant was involved,
and most either felt that they could be

, ae id
lease of publicity was routine and minimal. coapeng: ES eo eS te
be eee bli on hes es of the evidence presented the trial
eo a ‘a caine 22, 1979 cen shat court did not abuse its discretion in denying
jaan The jury was to be drawn the motion for a change of venue.
fron Ouachita Parish, whose major city is [5, 6] Nevertheless, this conclusion does
Monroe. not completely dispose of ee. a
The offense was not so severe as to at- defendant also aru as hg babes! ed
tract substantial notaries, and wile M6 rer of evince of publicity disseminated
ial received considerable atten-
ange wee did not achieve the same prior to the murder trial. ore
notoriety. Most of the persons called had The trial court had previously mie 2
knowledge of the murder of which defend- motion for a change of venue aig i
ant was convicted, but knew little about the murder trial, after an hesowangh peter
escape. For example, one had heard about and that denial was affirmed vA is aah
the victim’s death, but did not know about on appeal. At the hearing on t e . “a
the trial or the fact that someone had re- motion for change of venue the tria > ge,
ceived the death penalty for that crime. noting that only three of the 25 to per.
Another had heard about the murder on gongs called to testify at the peal ie
television, but knew nothing about the prior motion (in the murder cane) bese
death sentence or the subsequent escape. the pretrial publicity about t e mat a
A third person had forgotten about the would affect their decision in im hs e
murder until she received her subpoena to ruled that evidence of pretrial pub eat
appear in this case, and upon inquiry about —¢onnection with the murder tria whe
defendant remembered that an elderly lady posed to evidence of publicity cone ing
had been killed with a skillet. Several oth- the trial itself) was not relevan —-
ers had read or heard about the murder, but hearing on the motion for a change ° xen
most did not remember defendant’s involve- ye in connection with the escape :

ment. This court cannot agree that publicity
The trial record does not reveal any fac- surrounding the original offense i
tors likely to affect the candor and veracity a defendant was arrested — -*
of the prospective jurors on voir dire. Only a motion for a change : ie pee
one witness had any difficulty with ue plea - — . sa — “
aring, probably because she ha rom custody. N ;
a eheree ait by the woman who _ tablishes that this —_ ——
discovered the victim’s body. — at ie ee un pila Yi
5 sel’s re defendant was ex- events te ate
percrynint ce pba week during her testi- fect in causing prejudice mn wee. mind.
mony (defendant also stating that he See State v. Felde, above - ‘
wished to be excused), and this factor In reviewing defendant's evidence 0
should not have affected the witness’ can- fered in support of his motion for change f
dor or veracity. In fact, she emphatically venue in the murder trial, this court —
stated her belief that defendant could not that “the evidence at the hearing on t e
receive a fair trial on the escape issue in motion was that the newspaper ones
Ouachita Parish. was routine for a murder case - in
In summary there was not an unusual “the lay witnesses cies aihengh
amount of publicity for this crime. More- erally iene Pacer
over, although nine of the 13 persons had some had a sketchy impress

Thus, the nature and degree of pretrial
publicity was not unusual, and the connec-
tion of government officials with the re-

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676 La.

be satisfied beyond a reasonable doubt of
the accuracy and correctness of the iden-
tification of the defendant before you
may convict him.

“You are further instructed that it is not
necessary for the defendant to prove that
another person may have committed the
crime; if the circumstances of the identi-
fication are not convincing beyond a rea-
sonable doubt, you must find the defend-
ant not guilty.” (Tr. 148, 149)

The trial court concludes that the charge
was covered by the general charges which
stated in pertinent part:

“If you entertain any reasonable doubt as

to any fact or element necessary to con-

stitute the defendant’s guilt, it is your
sworn duty to give him the benefit of
that doubt and to return a verdict of

acquittal.” (Tr. 152)

“{If] you find the evidence unsatisfactory

upon any single point indispensably nec-

essary to constitute the accused’s guilt,
this would give rise to such a reasonable

doubt as would justify you in rendering a

verdict of not guilty.” (Tr. 153)

The general charges made it clear to the
jury that every element of the crime includ-
ing the identity of the defendant had to be
proven. State v. Stewart, 357 So.2d 1111
(La.1978).

This assignment of error is without merit.

ASSIGNMENT OF ERROR NUMBER
THIRTY-SEVEN
[25] Defendant contends that the trial
court should have given requested special
charges relating to the plea of not guilty by
reason of insanity. Since there was no plea
of not guilty by reason of insanity, the
charges were inappropriate and correctly
denied. LSA-C.Cr.P. art. 803.

This assignment of error lacks merit.

ASSIGNMENT OF ERROR NUMBER
THIRTY-EIGHT
[26] Defendant contends that the trial
court should have granted a motion for new
trial on the ground that there was no evi-
dence of specific intent at the time of the

388 SOUTHERN REPORTER, 2d SERIES

crime. It is contended that defendant may
not have realized the consequences of his
act because of his mental state or intoxicat-
ed condition. The evidence does not estab-
lish that defendant was too intoxicated to
realize what he was doing at the time the
crime was committed, and there is ample
evidence of the requisite specific intent at
the time the crime was committed.

This assignment of error lacks merit.

ASSIGNMENTS OF ERROR NUMBER
THIRTY NINE AND FORTY

[27] Defendant contends that the trial
court should have granted his motion to
arrest judgment and erred in overruling his
objection to imposition of sentence.

The State rested its case at the sentenc-
ing hearing on the trial testimony. No
additional evidence was presented to show
the cruel nature of the offense. Conse-
quently, it is contended that evidence of
heinousness was introduced at the guilt por-
tion of the trial in violation of State vy.
Payton, 361 So.2d 866 (La.1978).

Because of the particular nature of this
crime, the evidence of the cause of death
necessarily included some description of Ms.
Peters’ physical condition. An inference
would arise that the crime was a cruel one,
but this is not because any effort was made
by the State to stress this aspect of the
matter. Evidence of the cause of death
was admissible and in itself showed the
crime to have caused great pain and suffer-
ing.

At sentencing, the jury found two aggra-
vating circumstances. The jury was
charged as to the statutory mitigating cir-
cumstances and there is no reason to believe
that these were not properly considered
since the verdict states that the reeommen-
dation was made “after consideration of the
mitigating circumstances” (Tr. 162).

The evidence supports the jury’s conclu-
sion that the crime was committed during
an armed robbery and that the offense was
committed in an especially cruel manner.

These assignments of error lack merit.

STATE v. BALDWIN La. 677
Cite as, La., 388 So.2d 664

SENTENCE REVIEW

[28] Art. 1, § 20 of the Louisiana Consti-
tution of 1974 prohibits excessive punish-
ment. LSA-C.Cr.P. art. 905.9 mandates
that each death sentence be reviewed to
determine if it is excessive under the cir-
cumstances. The criteria for review are:

“(a) whether the sentence was imposed

under the influence of passion, prejudice,

or any other arbitrary factors, and

“(b) whether the evidence supports the

jury’s finding of a statutory aggravating

circumstance, and

“(c) whether the sentence is dispropor-

tionate to the penalty imposed in similar

cases, considering both the crime and the
defendant.”

A. PASSION, PREJUDICE OR OTHER
ARBITRARY FACTORS

There is no evidence that Baldwin’s sen-
tence was imposed because of passion, prej-
udice or other arbitrary factors.

B. AGGRAVATING CIRCUMSTANC-
ES

(1) Armed Robbery

Timothy Baldwin admitted that he was
carrying a knife when he went to Ms. Pe-
ters’ house the night of the murder. The
knife did not show any evidence of blood,
but the other items used to beat Ms. Peters
were dangerous weapons in the manner
used. State v. Bonier, 367 So.2d 824 (La.
1979); LSA-—R.S. 14:2(3). The safe and its
contents which were taken from the prem-
ises were in Ms. Peters’ immediate control,
though not on her person. The fact that
the safe was taken from the bedroom and
Ms. Peters was beaten in the kitchen is
immaterial. The property was in Ms. Pe-
ters’ home and under her control. State v.
Verret, 174 La. 1059, 142 So. 688 (1932).

There is no doubt that Baldwin was en-
gaged in an armed robbery when he killed
Ms. Peters. The jury correctly found that
statutory aggravating circumstance to be
present. LSA-C.Cr.P. art. 905.4(a).

(2) Cruelty

An especially cruel murder is one that
causes death in a particularly painful and
inhuman manner. While this aggravating
circumstance necessarily ‘involved some de-
gree of subjectivity, the facts reflect that
Ms. Peters was severely beaten with various
objects including a skillet, a stool and a
telephone, and left to die a lingering death.
There can be no question that a prolonged
beating is an especially cruel way to commit
murder. This is particularly true when the
blows are inflicted upon an aged female,
who is unable to effectively resist. Ms.
Peters’ feeble effort to fight her rescuers
shows that she was conscious on some level
of the need to defend herself. Unable to
summon help, she had remained in terror
for approximately twelve hours before she
was discovered. The record does not clearly
show whether Baldwin was aware that he
had left Ms. Peters to die a slow death.
Undoubtedly he assumed she could not sur-
vive his merciless beating or he would not
have left her with the possibility of later
identifying him. However, he made no ef-
fort to end her miserable and suffering
condition. His action was atrocious in that
it violates the bounds of common decency.
The jury correctly found that this murder
was committed in an especially heinous,
atrocious and cruel manner. LSA-C.Cr.P.
art. 905.4(g).

The evidence supports both of the statu-

tory aggravating circumstances found by
the jury.

C. DISPROPORTIONATE SENTENCE

The sentence review memorandum on be-
half of the State of Louisiana shows two
other first degree murder convictions in
Ouachita Parish between January 1, 1976,
and September 5, 1978. One defendant,
Charlie Lee Carter, was sentenced to life
imprisonment and the other, Dalton Preje-
an, was given the death penalty. Charlie
Lee Carter was a twenty-six year old male,
who murdered Alfred C. Carter with a pis-
tol. There were no aggravating circum-
stances and the jury recommended the less-
er penalty of life imprisonment. Dalton

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were generally unfamiliar with crime al-
though some had sketchy impression about
it from news media.

6. Criminal Law ¢=134(1)

Publicity surrounding original offense
for which defendant was arrested was rele-
vant to motion for change of venue when
defendant was later charged with escaping
from custody.

7. Criminal Law ¢=1134(1)

In cases involving complaints about tri-
al judge’s manner of conducting proceed-
ings, Supreme Court can adequately protect
defendant’s right to fair and impartial trial
by reviewing record on appeal to determine

~ whether trial judge became unduly argu-

mentative, or improperly commented on ev-
idence, or improperly restricted counsel’s
prosecution of his case, or failed to rule
properly and fairly on objections, or in ef-
fect assumed role of prosecutor by suggest-
ing prosecution objections, since these com-
plaints do not require proof or consideration
of matters not in record, and Supreme
Court is in position to determine merits of
trial- related complaints.

8. Judges <=24

While trial judges have duty to remain
impartial and neutral, judges are not mere-
ly umpires or moderators, but, rather, they
also have duty to apply law and assist in
search for truth.

9. Judges <=51(4)

No error occurred in denying defend-
ant’s motion to recuse trial judge, which
motion related more to manner in which
trial judge conducted proceedings than to
evidence of bias or prejudice by trial judge,
or in refusing to submit such motion to
another judge for hearing, since record did
not establish that trial judge was preju-
diced or that defendant was denied fair
trial. LSA-C.Cr.P. arts. 671, 674.

10. Criminal Law 31

Guidelines established in Louisiana for
defense of justification were not unduly
restrictive and did not infringe upon de-
fendant’s constitutional rights, but, rather,
rigid limitations on such defense had been

388 SOUTHERN REPORTER, 2d SERIES

imposed to insure that prison administra-
tion and courts remained normal channel
for meritorious complaint, and these re-
quirements protected against assertions by
those prisoners who would endanger prison
life and public safety by escaping and then
fabricating charges of inhumane treatment
or neglect as afterthought to their flight
from justice.

11. Escape <>10

Even if, in prosecution for simple es-
cape, defendant proved he was denied medi-
cal attention while in jail, he did not estab-
lish other conditions for application of de-
fense of justification, where there was no
evidence to show that defendant informed
prison officials in writing of his physical
condition, that his physical condition was
serious, that he did not have time to resort
to courts, that he sought medical treatment
after his escape or that he thereafter sur-
rendered himself to authorities.

12. Escape 10

Defendant failed to establish defense
of justification for escape from jail because
of alleged threats against him, where time
of such threats was never stated, and al-
though there was some evidence to support
fact that defendant had complained without
result to authorities, defendant did not re-
sort to courts, and while defendant did not
hurt anyone in escape, on the other hand he
did not report to proper authorities when he
attained position of safety.

13. Escape 10

In prosecution for simple escape, offer
of proof was insufficient to establish de-
fense of necessity or justification, and thus
trial judge was correct in excluding this
evidence.

14. Escape 11

In prosecution for simple escape, trial
court properly denied defendant’s requested
special instructions on defense of necessity,
where offer of proof was insufficient to
establish such defense, requested instruc-
tions were not wholly correct and pertinent,
and they required qualification, limitation
and explanation. LSA-C.Cr.P. art. 807.

STATE v. BALDWIN La. 681
Cite as, La., 388 So.2d 679

William J. Guste, Jr., Atty. Gen., Barbara
Rutledge, Asst. Atty. Gen., J. Carl Parker-
son, Dist.’ Atty., Johnny Parkerson, Asst.
Dist. Atty., Monroe, for plaintiff—appellee.

J. Randolph Smith, Smith & Hingle, Mon-
roe, for defendant—appellant.

LEMMON, Justice.

Defendant was charged by bill of infor-
mation with the crime of simple escape in
violation of R.S. 14:110. After defendant’s
motion for a change of venue was heard
and denied, defendant was tried and found
guilty as charged by a unanimous jury ver-
dict. The trial court sentenced defendant
to five years (5) at hard labor, the sentence

eeg nein hagene tage ood [1,2] In order for a defendant to be ~ — XP
entitled to have his trial moved to another ae eee
ant now appeals. parish he must prove more than a mere od <° i
Facts: knowledge by the public of facts surround- = a : i
In October, 1978 defendant was incarcer- ing the offense. Defendant's burden of oS} ‘s
ated in the Ouachita Parish jail, pending his _ proof is to show ns pier ea pial tr <; x
: iction.! ice i lve mind 0 . bags
appeal of a first degree — — eee tur al is impossible. State v. si cS
On March 4, 1979 an investigation, — Sonnier, 379 So.2d 1336 (La.1980); State v. ae ie
prompted by observation of a makeshift Matthews, 354 So.2d 552, (La.1978); State ne Tt
rope hanging out of a fourth floor window v. Sheppard, 350 So2d 615 (La.1977). - oS
of the jailhouse, revealed that hacksaw Whether the defendant has made the requi- ae ise
blades had been used to saw one of the bars site showing is a question addressed to the oe iva
and that defendant and three other prison- trial court’s sound discretion, and that ea 73}
ers had escaped. Local police communicat- court’s decision will be disturbed on appeal 3$t
ed news of the escape to authorities in only on an affirmative showing of abuse of ce)

Cleveland, Ohio, where defendant’s mother
was residing. On March 7, 1979 an Ohio
policeman, observing a vehicle which
matched the description of the car the es-
capee was driving, stopped the car, radioed
for verification, and asked defendant for
identification, also asking if he was wanted.
When defendant replied that he was want-
ed, he was arrested.

Change of Venue

Defendant contends that the trial court

erred in denying his motion for a change of
venue. C.Cr.P. art. 622 provides:

“A change of venue shall be granted
when the applicant proves that by rea-
sons of prejudice existing in the public
mind or because of undue influence, or
that for any reason, a fair and impartial
trial cannot be obtained in the parish
where the prosecution is pending.

In deciding whether to grant a change
of venue the court shall consider whether
the prejudice, the influence, or other rea-
sons are such that they will affect the
answers of jurors on the voir dire exami-
nation or the testimony of witnesses at
the trial.”

discretion.

[3] Considerations in determining
whether to grant a request for a change of
venue, as discussed in State v. Bell, 315
So.2d 307 (La.1975), include (1) the nature
of pretrial publicity and the particular de-
gree to which it has circulated in the com-
munity, (2) the connection of government
officials with the release of the publicity,

RE ate WR Se ae IS MR BIG

On March 9, 1979 defendant was trans- (3) the length of time between the dissemi- '
ported back to Ouachita Parish, where on nation of the publicity and the trial, (4) the
March 11, 1979 he waived his constitutional severity and notoriety of the offense, .
rights and made an inculpatory statement the area from which the jury is to .
in connection with this offense. drawn, (6) other events occurring in the

1. That conviction has now been affirmed by
this Court. State v. Baldwin, 388 So.2d 664

(1980).

32 SOUTHERN ),78
BATSON, Albert Edward, white, hanged Lake Charles, Lae, on 81-1903,

"welsh, La., 2/26/1902=Business has been entirely suspended in this little town, Ihe mr-
der of the 6 members of the Earl family has cast an influence over the whole community which
amkes ordinary affairs of life impossible, The body of I. S. karl, father of the murdered
boys, was found in a ditch near his home with the throat cut and the body far gone in putre-
fication, There was every evidence that the mrders were committed as part of a prearranged
plot. the home of Ward Earl, 3 miles from here, was some distance from that of his father's,
The ewidence goes to show that Ward Earl was first mrdered and that his father was then
summoned from his home and murdered, Mrs. Earl left a piece of sewing on the machine in her
room when she left the house, and the three children had scattered the cards with which they
were playing about the floor, When the bodies were found they had been piled in a heap with
the exception of that of I, S, Earl, which had not been carried to the home of his soh,
The bodies of the boys had been thrown into one room and upon the heap the body of Mrs, Earl
was caste lhe only possible motive which can be conceived was robbery. Miss Maud Earl
is in a critical condition, Her mind seems to be affected by the shock to such an extent
that she cannot realize the extent of the tragedy, The reported arrest of the suspected man
in Missouri has not been confirmed as yet. The funerals of the 6 victims will take place
todays" NEWS, Pensacola, Fla., 2-27-1902 (1/6.) Later, same edition: "Spikard, Mo,, Feb.
26 - A. E. Batson, who was a hired man on the Earl place at Welsh, La., where 6 members of
the family were foully murdered, has been arrested here on instructions from the southern
authorities on suspicion of being connected with the crime, Batson will be held pending the
arrival of requisition papers,"

"New Orleans, March 5, 1902-Ed Batson of Spikard, Mo,, who is charged with the murder of 6
members of the Earl family near Welsh, La., and who was recently arrested at Lawrence, Mo.,
crossed the length of Louisiana in safety last night and in charge of Sheriff Perkins of
Calcasieu parish, was safely landed in the parish prison here, He will stay in New Orleans
until his trial is called, Governor Heard is exerting himself to give the prisoner ade-
quateprotection, Batson still persists that he is innocent," NEWS, Pensacola, 3-6-'02 (1/3.]

"Lake Charles, Mar, 12, 1902= The grand jury for Calcasieu parish will assembly next Monday
to take up the case of Edward Batson, accused of the murder of the 6 members of theEarl
family at Welsh, Parties sent to New Orleans to identify Batson as the man who attempted to
sell Earl's mules failed to do so," NEWS, Pensacola, Fla., 3-13-1902 (1/3.)

"Lake Charles, Las, Apre 21, 1902-The famous Basson murder trial was ended today by the jury
bringing in a verdict of guilty and Judge Miller sentenced him to be hanged, Argument was
closed Saturday afternoon and the case went to the jury. “hey had not reached a verdict

at 6:15 and were kept locked up until this morning, when they came into court with a verdicts

NEWS, Pensacola, Fla., -21-1902 (1/3.)

"A, E, Bateson, hanged 8/1/03 after two trials. Shotgunned and butchered

six people, all members of the “arl femily, on Feb. 12, 1902. According to
the reporter who covered Batson's second trial in March 1903, 'A strong guard
of deputy sheriffs was on hand, as in the first trial, but there is no more
reason for it now thah there was then. While Calcasieu people abhor the
crime and desire to see justice done its author, they are willing to be more
than fair to the accused; and he is as safe here as he would be in his

native Missouri hills.' Batson was the first white man to be executed under
Governor Heard's administrasion. Crime was white-on-white. (Lake Charles

Daily American, 3-6-1903. Rrom Linda LaBranche, 855 Government Street,
XXKSXRARKEXAMXYXK Baton Roube, LA, 1-20-1990.

BATSON, Albert Edward, white, hanced Lake Charles, La., Aug. lh, 1903,

Aas | Remember

Stories of Jefferson Davis Parish, Louisiana
by Franklin Hildebrand

SPONSORED BY
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PRINTED BY

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November, 1977
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eee in A oad CS ROE EE Na, RODEN SD nigee e) ME 2 Me Re Regie en a it ee aT ee Nee Ter Te ee

‘ s

BATSS, Val, black, 30, hanged at Baton Rouge, Le., November 17, 1899.

"VAL BATES! PROMPT CONVICTION AND DEATH AT’ BATON ROUGE, /TRIUMPH OF LAW
AND ORDER AND Ar GOOD EXAMPLE. (Special to the Picayune.) Baton Rouge,
Le o-pr- NOMe 17-7 Bal Bates, the negro rapist and all-around bad man,
expiated his crime to-day by death on the gallows. His execution, by
legal: and regular methods, is a grest triumph for the maintenance of
the law, and will exert.a salutary influence ovek the people of this
parish. Bates! last night on earth was distrubed by a nightmare and
frequent spells of wakefulness. .He arose early and ate a good break-
fast, nevertheless, He receibed religious consolation during the fore-
noon, and died in the hope of forgiveness. As the hour for the execu-
tion aoproached he donned 4 neat black suit and prepared for the end,
Sheriff J, T. Young supervised the details in person, and the pro-
gerem was. carried out without a hitch. Bates ssid he did not desire to
kive the officers any trouble, sand he was true to his word, as he met
death with the stoicism common to ignorant minds. The execution took
place within the HHHXJ jail, in the presence of the full comvlemeant of
witnesses provided by law. A large crowd was 31s0 congregated without
the jail, and the ubiquitous smsl1l boys KXBM climbed to dangerous
perches to get 9 elimpse throuch a window into the room of desth, At
1:20 the drop fell and the neck of.the criminal was hroken. In 13
minutes therbody was cut down and delivered to his relatives who took
it to The Plains for burial, ‘

Pgerewing is.a history of Val Bates! crime: Val Bh eid 9 burly young’

about two. miles west of Zachary, in ‘the northern portion of this
parish, The negro, in order to get rid of the husband, induced the
latter to so to Zachary with his wagon, During his bbaende Bates
approached the house and made a violent assault upon Mrs, Borsky.
Knowing what the punishment .of his crime would be, if caught, he at
once took to the woods and eluded every effort to capture him until
the 2th of lest month. The public of this city were surprised by the
announcement of his arrest by Deputy Vincent Moran, in Catfishtown, in
broad daylight. nol rey the necessity of prompt ‘measures to effect
a legsl execution, Judge H, Runot forthwith convened the jury
commission, which drew a jury to try the prisoner the following Mon-
day. The grand jury promptly returned an indictment, a copy of this,

‘together with the venire, was served as required by the law, and the
accused arraigned, So that when the day of trial came there were no

‘delays. As was to be expected, there was much talk, esvectally in the
neighborhood of Zachary, of a lynching bee, but this was discounte-
nanced by the conservative ‘element of the community who were satisfied
at the prompness with which the weels of justice were revolving. It
was all the mope easy to calm the restless spirits when it was known
that Sheriff Younse had determinedto protect the man, now thst he was
in the erip of the law, and had taken effectual means of insurang a
legal trial, When the dey of triel came there was 9 large crowd of
people in the court yard, but the triel proceeded with dignity and
decorum, and the accused was given 4 fair hearing before a jury. There
could be but one result, as his cuilt was clearly proven, In less ~
than five minutes the jury returned with an unqualified verdict; and,
the sccused, waiving ell delavs, consented to receive the sentence of
the XHNX court. He was much frightened 311 the while, and could not
conceal his nervousness, He was taken hack to jail, and as soon as the —
legal delay expired was ordered by the governor to be executed this
date, The doomed man, while awaiting execution, has eaten and slept
well; and as is usual in such cases, has declared himself a convert to
religion, freely accepting the ministrations of the clergymen of his

race who have attended him, At times he has shown good spirits and has

talked freely of his pest career, smilingely telling of other crimes
committed, He admitted. his. guilt in the present instance, but com-

vhained of the severity of thenunishment of a crime the erave charac~

ter of which he has no conception. One day he laughingly went into the
details of his escane after committing the: crime. He plunged into the
woods, and after passing in the rear of several blantations, meeting:

no one, exvcevt an old negro woman, he reeched sa voint near the Yazoo

and Mississinpi Valley Railroad, where he laid.down and rested until
sundown. He walked uv the railroad to Slaughter, passed through: the town,
and waited et the cattle pen above KKK and later on took a northbound
freight. He sot off st Harrison, Miss., where he worked three weeks

in a livery stableunder the assumed name of Fred Douglas, A part of

his duty was to meet theitrains, and he frequently went to the depot

and returned with the constable who had Bates! description in his

BSSHSKRSKBR vocket. .The negro took evident pleasure in poking fun at

the Harrison detective force, Bates then went to Jackson, Miss.,

thence to Greenville and to Memphis. After working there a while he
shipped on the steamer Bob Lee, afterwwards jumping the boat and proceed-
ing to Mound Junction, I11. But the fatal propensity to return to the!’
scene of his crime possessed him and he turned-southward, From Cairo

and Fulton he eame down to Jackson, Miss., and Wilson, La. At the

last place he got a bottle of whisky, and its contents so emboldened

him that he came right to’ Baton Rouge, and to the house of a woman whom’
it was expected he would visit should he ever come to this place, a
Sheriff Young, who is no mean detective, and.whose record for capturing
fugitives, had made arrancements for just such a contingency as this.

This, woman, #8 soon as she could do so, stopped to the Moorman car fac-

tory and had a telephone message sent to the sheriff's office that there

was a man there who was wanted by the officials, Deputy Vincent Moray,
one of the active and coursceous deputies, was sent down at once, with
the results already related, Bates told of several other crimes, such

as theft and burelary. In'1893 he was sent to the penitentiary for a
year for stealing two hales of cotton from Mr. W. ©. Young's place in

the Third ward; and-at Brookhaven, Miss., last year, was sent to the

county farm for 12) days for striking awhite man with brass knucks. Wéth
another neero named Charley Jones he held up and robbed a white butcher
at Whitecsstle, La, He robbed a negro a Lecompte, L-., forcing him to

hand over $60 at the point of » vistol, In conclusion, he said: 'I have

been considered » cood workman, but the devil would take possession of

me at times, and here I am, I warn young men of my race against whisky,

bad women end gambling, ;I hope to be saved, believing I have experienced
religion, but my life has been reckless and I must atone for my offense

with my death, I expect to die gamely and give the officers no trouble,'"

PICAYUNE, New Orleans, La., Navember 18, 1899,

ADAM, Jeand & DeLISLE, Anthony, hanged New Orleans,

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DANGER AT SIXES AND. SEVENS
THE CLEAN-UP SPOT

FREEDOM BY WAY OF A WITCH.
HEADQUARTERS LINEUP
FRONT PAGE CASE BOOK

THE BLOTTER

STRICTLY STAG

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Occupation............, Age

LA 7/2/1852,

Freedom
by way of

a witch

M THE DAY OF THE execution arrived.

June 2, 1852. It was a beautiful day.
Not even the wisp of a mare’s ‘tail
floated in the clear sky. The people of

New Orleans’ began to gather in the.

square outside the Parish Prison shortly

- after sun-up. Dirty-faced kids . chased

one another around the platform which
raised the gallows 14 feet above the

Street. Grown-ups chatted. about how

nice it-was that the officials had built
the gallows so high so that: everyone
could see. Vendors’ hawkéd their’ wares.
It was just: like a holiday—just like
waiting fora parade or a speech.

The noise of the crowd drifted in
through the bars and settled .like a
leaden shroud on Jean Adam and An-
thony Delisle. Adam raised hig hands
as if ‘to push -the sound away. He got
up and started pacing around the cell.

“Why’d you cut. her throat? Why’d
you kill her, -you fool? They could only
of got us for stealing the gold.”

“You held her arms, didn’t you?”

’ Delisle snarled. “Didn’t you?” But what

difference did it make now:
Adam sat on‘his bed and put his chin
in his hands, “Maybe that old witch
can help us,” he said. He visualized old
Marie Laveau..She was ‘a bent, hump-

backed woman with skin like a boiled

chicken,- yellowed teeth and a shriveled

mouth. Her chin seemed to curve up to
‘Meet her long nose. :

. But it was her eyes that commanded
attention. Black and fearfully alive;

_ bright and, young, ‘they were somehow

obscene in that old face. Adam shud-
dered. when he thought of her eyes.
Maybe, he thought, that’s where her
black magic ~is, ‘Maybe that’s how she
has managed .to' keep her power as the

voodoo queen of New Orleans.

Adam lifted his gaze from the floor

and -yelped in. fright. Marie Laveau;

stood outside the cell, spearing him with
her eyes. He shrank back against the
wall. And she said nothing. .

A few minutes before noon, the hour

of execution, the guards came for Adam

and. Delisle, Screaming and begging, .

they were led to the gallows. Their hands
and feet were tied and deputies placed

‘nooses ‘around their necks.’ All’ was’

ready. ,
Suddenly, at the edge of the crowd,

Marie Laveau began to scream her weird
gibberish. When she finished this she
cried, “Let them free! Let. them free
or you will be cursed!”

Suddenly, the day'was no longer beau-
tiful. A huge black cloud 'scudded across
the sky like the coming of evil. The
crowd’ began to. shift uneasily. Unper-

turbed, the sheriff dropped his hand >

and the ax bit into the rope.

At that’ instant, long livid bolts of
lightning jripped across the sky. Thunder
shook the earth and rain poured down.
There was a moment of silence.. The
crowd was transfixed by the sight of
the two empty nooses. Then they began

_.to run—wildly !

A hoarse, animal sound rose from the

_Stampeding crowd. Above the crashing
thunder was heard the agonizing wailing °

of, the men, women and children being
crushed to death in the mud by the
panic stricken mob.

But-‘come hell or high water, and
hell had come, the sheriff would not be
swerved from his duty. While the crowd
fought to get out of the square, he and
a group of deputies climbed down under
the gallows. There they found Adam

and Delisle unconscious after their 14-°
‘foot plunge. There were rope burns on ~

the sides of their necks where the im-
properly placed nooses’ had slipped.
ile deputies: were stringing a new

rope to the trap, one of the 43. broken
figures in the square raised herself to
her elbows. “Set them. free!” croaked
Marie Laveau. “Set ‘them free!”

Lashed by the driving rain, the sheriff
dropped his hand and the: trap was
sprung. The old woman’s cries- choked
off and: she fell face forward into the
mud—dead. The two bodies swung in
the angry wind—sop FARRELL

Headqt
Lineup
By Larry Rober

What do you k
be the detective. |
and mark an X be
‘A. You're out ait

signs of a safecrac
that practically al

tackle are:

(0 (a) ordinary
signed
records.

1 (b) so-called
where t
likely t

2. You know t!
crackers 1s:

(a while hi
0. (a) trade t«
O (b) red-han

3. Do you kno
and sculptor, he :
on Easter morn
Ronnie Gedeon,
once posed for FF
mother, and thei!
named Byrnes: :

in the Gedeo
The killer wa:
in Chicago,

committed t

hanged Homer, LA on April 11, 1924

TRAPPING /he

Battering a cringing man into submission with lashing fists, an oil field bully
loaded his victim into a waiting wagon and disappeared. Then revolver shots,
crashing from the brush, told that murder had capped Bill Alexander’s brutal
career. Here is the gripping story of how relentless manhunters followed
a trail of blood through the muck of the Louisiana swamps and ended the
thrilling chase by bringing the vicious killer to a gallows death.

three miles from Haynesville, Louisiana. It took me
three hours to make the trip from Haynesville and
I was putting on all the speed I could.

For murder lay at the other end of that mucky trail. Bill
Alexander, bootlegger and bully of the oil fields, had broken
out again and this time he had made good his boast that he
was a killer.

That was about all I knew as I spun the wheels of my car
through the hub-deep roads trying desperately to keep from
going into the ditch and battling every now and then to drag
the car from a sudden drop into almost bottomless mire.

I was only one of the fifty deputies Sheriff Coleman com-
manded in his effort to battle the crime that raged in the oil
boom towns and that made the oil fields of Smackover and
Eldorado, Arkansas, and Oil Center, Homer and Haynesville,
Louisiana, a seething cauldron of evil corruption that matched
the mud in which the many horse teams of the fields foundered
from day to day.

Sheriff Coleman was at Baton Rouge when the telephone
call came that sent me on this wild ride. I had taken matters
into my own hands and had started at once with three other
deputies. Oil Center’s thugs, grifters and night
prowlers were muttering on the midnight
streets when we arrived, their usual vicious-
ness fanned to ugly temper by the outburst of
violence and murder that had been witnessed
three hours before.

As soon as we could, we gathered what facts
were available.

Alexander who ran a still in the swamps of
Webster parish—a still we had never been able
to locate—had come into town that evening to
dispose of nine gallons of whisky. And he had
been drinking.

Bill Alexander was wild enough when he
was sober and had long terrorized even the
tougher element of one of the biggest oil booms
that had ever struck the South. But when he
was drunk he was a deadly gorilla,

It was said he came of a good family at
Emory, Texas, and, when sober, he was one of
the handsomest and best dressed men in North
Louisiana, Drunk he became a beast who might
appear anywhere dripping with the mud and
filth of the streets and cowing the toughs that
made life miserable for Sheriff Coleman and
ourselves.

M UD was calf deep in the oil boom town of Oil Center,

Stage Desperate Fight

A ser story, as we soon learned it, was that
Alexander was in one of his worst moods
on that night of April 12, 1922, when J. A.
Blount came upon him as he was engaged in
selling the product of his still.

Blount, who feared nobody, confronted the
reeling, vicious Alexander and demanded in
threatening tones: ‘‘Bill, where’s my wife?”

Blount’s wife was a sister of Maggie Rodgers whose name
had been coupled with Alexander’s and whose husband, F. W.
Rodgers, had had several altercations with the bullying Bill
over his attentions to her.

Blount’s question regarding the whereabouts of his wife
maddened Alexander. He turned viciously on the man. They
spat bitter invectives at each other and, before anyone realized
what had happened, Alexander had drawn a gun and was beat-
ing Blount over the head with it.

Caught unawares by this onslaught, with blood streaming
down his face and dripping into the mud, Blount dashed

Leading a posse through the mud of the oilfields,
M. B. Lay, former deputy sheriff and author of
thir thrilling tale, discovered the body of the
gorilla’s murder victim in this crude grave.

* STARTLING DETECTIVE

bling
him.

F)
esca
Alex
light
on t

WM
back

this

ALBERTS, Paul, black, 23, electrocuted New Orleans, Las, on January Kh, 1915.

"VICTIM OF STABBING FOUND SLAIN HERE, = Anuster D. Dixon, 26-year-old Negro, 320); First
Street, was found dead Sunday at 9:30 pem. in an automobile parked in front of his home
after he had been stabbed in the chest earlier during a free-for-all fight nearby with
several other Negroes, Twelfth Precinct police reported," TIMES-PICAYUNE, Nove 16, 1912.

"DOOMED SLAYER IS ELECTROCUTED, = KNIFE WIELDER PRAYS ON WAY TO DEATH PENALTY, = Paul
Alberts, 23#years-old, 1412 South Miro Street, went to his death in the electric chair

in Parish Prison shortly after noon Thursday for the knife slaying of Aumster Dixon, Negro,
26, 3202 First Street, on November 15, 192, Entering the death chamber at 12:0) peme,
Alberts carried a large crucifix in his hand and repeated the prayer said by the 3SX#1XHAX
4d¥H Rev, Leon Sullivan, C. S. C., his spiritual adviser, He continued to pray as the
executioner prepared the chair and as the first 2,500 volts was sent through his body at
12:08 pam. At 12:10 pem. a second charge of 2,500 volts was given and two minutes later

a third charge of 3,000 volts. Alberts was pronounced dead at 12:15 p.m. by Dre Ce. Grenes
Cole, coroner, and his assistant, Dr} Philip Montelepre. The Negro slayer had slept until
after 7 agm, and then he attended mass and received Holy Commun ion in the chapel of the
prison, Following the Way of the Cross at 10:30 aem. the death warrant was read to him

by Criminal Sheriff John Williams, Dixon was stabbed to death while trying to escape from
Alberts, He was trying to open a locked screen door on the gallery of his home when he
was stabbed in the back, He had been pursued by Alberts from Rex Place and First Street
following a fight. Alberts was convicted by a jury of murder and the death sentence was
imposed by the late Judge J. Arthur Charbonnet, The death sentence was affirmed by the
supreme court and the board of pardons denied clemency, Alberts was the third person to
be electrocuted in Orleans Parish since 19,2 when the mode of execution was changed from
hanging to the electric chair, Parker Lloyd Adams, Negro was electrocuted last March for
the killing of an uptown druggist during an attempted robbery, and a few days later Anthony
Wilson, Negro, was electrocuted for a criminal assault on a woman in the uptown section of
the city. It was the first time in more than 10 years that a Negro had been executed for
the murder of a member of his race, Shady Lee, Negro, was hangéd in 1932 for the slaying
of a Negro womayje" TIMES. PICAYUNE, Nw Orleans, la., January 5, 192.

Lawssrrra
Negro plbert. bAS1857 Wbn [00186

Menhimed by NOS TOAGH T(E FEF ER
Shue of WEL W Watthews. Sfested Pt
Muster i Searls With a butther Karte -

La.) ; « , BTATR v. ASPARA. , 889

in question took place. It further appears
that the doorman said nothing to the ac-
cused, save to put on his clothes and come
down to the captain's office, and that no one
at any time made any threats or held out
any inducement to him; that the only per-
sons present at the interview In the office
were the sergeant, one officer, the doorman,
and the clerk, the three first mentioned be-
ing in uniform; and that, when he made the
statement the accused did not appear to be
unduly excited, but “very cool.”

It is well settled that a confession, if free
and voluntary, is admissible in evidence,
even though made by one who at the time
of making it was under arrest, State v.
Jones, 47 La. Ann, 1524, 18 South. 615; State
vy. Lewis, 112 La, 872, 36 South. 788; Whar-
ton’s Cr. By. (16th Fad.) 543. But the mnat-
ter objected to was not Aa confession; it was
an exculpatory statement (Wigmore, Cr. Fv.
vol. 1, § 821), and, as the state was in a po-
sition to prove that it was an attempt to lay
the foundation for the establishment of a
false alibi, ft was admissible as tending to
show consciousness of guilt coupled with a
desire to escape punishment, Kvidence of
falsehood on the part of the accused in ‘giv-
ing an account of himself or of the trana-
action, or his relntton to it, is competent 18
affording a legitimate presumption of guilt.
For this purpose the prosecution may prove
such declarations of the accused, and then
prove their falsity.”

Abbott's Trin} Rrief (Cr. Ev.) 457, 468; 1
Greenleaf (6th Ed.) § 195; Burrell on Cir-
cumstantial Evidence, 488; Wharton's Cr.
By. § 742: Underhill on Cr. Biv. § 116; Rex
vy. Miller (1895) Cox, Cr. Cas. vol. 18, p. 54;

’ State v. Donclon et al. 45 La, Ann, 748, 12

South. 922 et seq. In the ense of State v.
Alexander, 109 La, 662, 83 South. 600, to
which counsel for defendant refer, the court
found that the statement there In question
was not voluntary; that it was offered and
used by the state as a confession; and that,
in all probnbillty, it had the effect of 9 con-
fession, and thereby contributed to the con-
yiction of the defendant, by whom it was
made.

Counsel refer the court to certain rules,
anid to have been established by the board
of police commissioners. reguinting the du-
tles of officers In charge of stations townrds
persons brought to such atntions under ar-
rest, but we do not find that they were of-
fered In evidence or are contained In the
transcript. They cannot, therefore, be con-
aldered. The objection presented by this bill
waa properly overruled,

Bul No, 9 was taken to the overruling of
an objection to the testimony of n atate wit-
nessa to the effect that, whilst working in the
Ramo establishment with the accused some
two or three months before the homicide,
the Intter came to work one morning and
gave him (the witness) a bundle to put away

">. for him, which he (the accused) said con-

‘

tained a 44-callber pistol, wrapped, as the
witness states, in what might have been a
pair of trousers, and that witness put the
bundle tn a locker, from which It was subse-
quently taken by the accused; the objection
being that the testimony was Irrelevant. In
signing this bill, the judge a quo makes the
following statement, to wit:

“Per Curiam: ‘The evidence showed that the
accused [decensed] died of a wound inflicted by
a 44-caliber pistol. The fact that the necneed
posscased such a pistol ia a materini fact in the
chnin of evidence, and ts admissible, The ob-
jection went to the effect of the evidence, It
es poets admissible to prove prepnarna-

ion.

This ruling is manifestly correct, and necds
no argument to sustain it.

Bill 11 presents a similar objection, which

I waa correctly disposed of In the same way

as that presented by bill 9.

Bill 10 was taken to the refusal of the
judge to give certain special charges as re-
quested by counsel for defendant, the rea-
son for such refusal being that they were
covered by the general charge. The request-
ed charges are substantially as follows:

(1) That a criminal prosecution differs
from a civil ense in that In such prosecution
a preponderance of evidence ts Insufliclent;
in order to convict, the jury should be satis.
flod beyond a rensonnble doubt of the gullt
of the accused.

(2) That in a criminal case, If the evidence
eatablishes a probability of guilt, but falls
to establish guilt beyond a rensonnble doubt,
the accused should be acquitted,

(3) That, to warrant conviction, the de-
fendant muat be proved guilty ao clenrly and
conclusively that there 1s no rensonable
theory upon which he could be Innocent,
upon all the evidence in the case considered
together.

(4) That the jurors should found their ver-
dict on the evidence alone, uninfluenced by
any opinion not so founded,

(5) That ff they found proved a single cir-
cunstance, constituting a necessary link “In
the chain of the transaction,” Inconsistent
with the guilt of the accured, they should
acquit him, no matter how suspicious other
circumstances might be.

(6) That accused was entitled to every pre-
sumption of Innocence compntible with the
evidence, and that, if It were possible to ne-
count for the denth of the deceased upon any
other reasonable hypothesis than that of the
gullt of the necuaed, they should aequit htm.

(7) That every fact in the chain from
which the defendant's gullt has to be Infer-
red muat be proved “by the anme welght,
degree and force of evidence an {f it were
the main fact of the defendant's guilt ft-
sclf.”’

These charger are fully covered by and in-
eluded In the main charge, which ta able,
elnbornte, and Mberal to the ncensed, and
which rends, in part, 18 follows, to wit:

5 SOUTHERN 5),0
AYIES, Edward, black, hanged at Alexandria, Louisiana, on October 23, 1908,

"Alexandria, Las, Sept, 19, 1908-Edward Ayles, a negro condemned to death for the mur-
der of his wife, which occurred on December 31, 1906, and to be hanged on October 31,
1908, and to whom the death warrant was read at 3 o'clock this afternoon, killed and
injured a number of his fellow prisoners this afternoon, The death warrant was read to |
Ayles by Deputy Sheriff David, “t took four prisoners to bring him out of his cell, |
He was eating bread and Grinking out of a can and laughed in a silly manner while the
document was being read, He has been feignine crazy, but was pronounced sane some months
ago by physicians, About thirty minutes after the sheriff and party left the cell, .
Ayles secured a case knife, which a fellow prisoner had been using to shave himself, and
slashing right and left he killed and Jeft wound the following men: The dead: Allan
Gross, Tip Davis (Insane) and Gadfield Brady (assault, left arm almost severed from bodys
The injured: Leroy Williams, (Ittsane, cut in shoulder and necks may die); Felix Johnson, ©
(Robbery, cut on the hand); ‘ichard Melbert (Horse stealing, cut in left side and arm);
and James Beverly (assault, cut on the cheek), The screams of the men, who were huddled
together in the cell and being cut to pieces by Ayles, were heard for several blocks andj
a crowd of more than a thousand people soon gathered, Officers entered the jail and,
with the use of a fire hose, turning a two-inch stream on the prisoner, soon overpowered |
him and secured the knife," |
NEWS, Galveston, Texas, September 20, 1908 (1/6.)

"Alexandria 9-20 - the wife murderer, Edward Ayles, condemned to die October 23, who ran”
amuck in the parish jail yesterday, killing 2 men and seriously wounding others with a
case knife, is quiet today, but feigning insanity. Leroy Williams, an insane man, who i
one of the victims of yesterday, is at the sanitarium, and is expected to die, The other
three prisoners have been returned to their cells in jail, after receiving medical attens
tion," NEWS, Galveston 9/20/1908 (1/6,) ;

"Alexandria, Las, Oct. 23 - Edward Ayles, the negro wife murderer, was hanged today at

12 noon, His neck was not broken, but he died by strangul,tion 13 minutes after the

trap was sprung, Ayles killed his wife in the city on the night of Dec, 31, 1906, and
about a month ago he killed two fellow prisoners in his cell, a few moments after the
death warrant was read to him. He feigned insanity for several months before his execu-)
tion," NEWS, Galveston, Texas, Oct. 2h, 1908 (3/2.).

few moments afterwards, The objection was
properly overruled:

“The clothing of the defendant may be ex-
hibited to the jury to show that spots found
thereon are blood stains, or for other purposes,
though the article itself may hive been procured
from him without his knowledge of the pur-
pore for which it was to be used. Incriminating
articles may, Uf relevant, be used in evidence
against the nceused, though forcibly, irregu-
hasty or illegally tnken out of bis possession.”
Underhill on Ev. pp. 59, 60,

“It is also proper for the jury to see and In-
vestigate tho clothing of the decensed, and Its
condition, as shedding ight upon the manner
and means of denth, and so of the clothing of
defendant, shown to have been worn by him at
or about the time of the alleged commission of
the homicide; and their production in evidence
js not a violation of the constitutional provi-
sion that no person shall be compelled to rd
testimony criminating himself.” err on Law
of Lomicides, p. 583.

See, also, Wharton's Cr. Ev. (9th Ed.) pp.
282, 233, 238; Rice on Cr, Ev. p, 108,

It may be remarked in this connection that
the testimony glven by the accused himself,
as a witness in his own behalf, covered and
corroborated all that appears to have been
given by any other witness upon the subject
of his {dentificntion, and bence that the con-
tention here presented is rather academic
than practical.

Bull No. 6 was taken to the overruling of
an objection to the Introduction In evidence
of a pistol found nenr the scene of, and about
15 or 20 minutes after, the homicide; the
ground of objection being that there was no
evidence connecting the accused with the
pistol, as having been In his possession or as
having been owned by bim, and, until such
evitence was offered, the pistol could not be
introduced In evidence against the accused.
The judge ruled as follows: ,

“I will allow the pistol to be offered in_ evi-
dence, but I charge you, gentlemen of the jury,
that, unless the pistol is connected by circum-
stances of some kind with the accused himself,
the offer of this pistol is not to be considered by
the jurors.”

The undisputed facts are that the accused
and the decensed went together to a photo-
graphic studio on the third floor of a build-
Ing on Canal atreet; that, in leaving, the
decensed preceded the accused down the first
flight of steps, and was on his way down the
second filght when he was killed; it being
established by the evidence that he was shot
four times, and that the firearm used was of
“44 enliber.” It is undisputed that the ac-
cused immediately left the building, not by
following the decensed down the second flight
of ateps, but by passing through a room on
the second floor and stepping through a win-
dow, across a narrow alley, into an abutting
house fronting on Rampart street, through
which house he passed out into that street.
About 15 or 20 minutes Inter a police officer
and some others, in making an examination
of the premises in which the homicide had
tnken place, found, in the room through
which the accused had parsed, the pistol in
question, a 44-caliber pistol, with four cham-

‘888 87 SOUTHERN RHPORTMR. (La,

bers recently discharged. The pistol was
not offered as having belonged to or as hav-
ing been in the possession of the accused,
and the jury were not only warned against
so considering it, but against considering it
at all, unless ft should thereafter be connect-
ed with the accused,

Under the clreumatances, however, it was
not necessary to connect the pistol with the
accused in order that it should be admissible
in evidence, The finding of the pistol, and
the pistol itsclf, taken In connection with
the time and place of finding and Its caliber
and condition, were relevant evidentiary
facts tending, as did the bullet taken from
the body, to show the means by which the
deceased came to his death, Wharton's Cr.
Ev. §§ 311, 312, 708, 768; State v. Joseph
McFarlain, 42 La. Ann. 803, 8 South, 600.

Bill 8 was taken to the overruling of the
following testimony concerning the defend-
ant given by a sergeant of police:

“T asked him his name; he told me Sam
Aspara. 1 asked him how long he had known
Mr, Luelano [Luciano being the deceased]. Ie
anid, ‘About two months.’ Then he began to tell
me about this occurrencd without me asking
him anything more. Ile said on this morning
Mr. Lucinno had sent a boy to his house, ask-
ing him to come to his place of business, where
he wanted to see him, After reaching Mr.
Tucinno’s house, Mr, Luciano asked him to get
in the wagon and accompany him to Canal
street to get rome pletures, and he and Mr.
Luciano got into the wagon and went to Canal
atreet; that after reaching Cannl street they
both got out of the wagon, and Mr. Luciano
went upstairs Into the yonianyayoet 9 gallery,
while he remained on the outside, in the wagon.
Shortly after Mr, Luciano went upstairr, he
heard some shots, but that he did not know who
did the shooting, and he was arrested in front
of the wagon.”

The objections were, In substance, as fol-
low: ;

(1) That, even ff no direct promise was
made or inducement held out, the surround-
ing circumstances were such ns to create in
the mind of the accused a fear or dread
which would induce him to make a state-
ment,

(2) That the alleged statement was not a
confession at all, because it was not an ad-
mission of guilt on the part of the accused.

(3) That, If the testimony was offered for
the purpose of contradicting that which the
defense might offer, the state could not an-
ticipate, for the purpose of contradicting,
such testimony. .

From the testimony brought up in con-
nection with this bill it appears that the ac-
cused, when arrested, was taken to the ata-
tion of which the witness, Sergt. Leroy,
wan in charge, and that he was placed in 9
cell; that the witness went to the cell, and,
exhibiting a pistol, asked the accused wheth-
er it belonged to him, to which the accused
answered that he knew nothing about It;
that a little while afterwards the witness
instructed the doorman to bring the accus-
ed into his, the witness’ office, which was

done, and that thereupon the conversation: {

890 87 SOUTHERN REPORTHR, (La.

* * © He is not required to prove his inno-
cence, but may rest upon the presumption in
his favor until it is overthrown by positive, af-
firmative proof. The onus is therefore on the
state to establish to your satisfaction, beyond
any rensonable doubt, the guilt of the prisoner
ns to the crime charged in this Indictment, or
any other lesser one included in it. If you en-
tertain any reasonable doubt as to any fact or
element necessary to constitute the prisoner's
ios it is your sworn duty to give him the
venclit of that doubt and return n verdict of
acquittal, And even where the evidence demon-
strates probability of guilt, yet if it does not es-
tablish it beyond reasonable doubt, you must
acquit the prisoner, * * * You are prohibit-
ed by Inw and your onth from going beyond the
evidence to seck for doubts upon which to acquit
the prisoner, but you must conline yourselves
strictly to a dispassionate consideration of the
testimony given upon the trial. You must not
have recourse to extraneous facts and clrcum-
atnnces In reaching your verdict. You are the
exclusive judges of the facts. You find from the
evidence what facts have been proven and what
have not.
* e e * e e

“Circumstantial evidence is the evidence of
certain facts from which are to be inferred the
existence of other material facts bearing upon
the question at issue or fact to be proved. This
evidence is legal and comer and, when of
such a chnracter as to exclude every reasonable
doubt of defendant's innocence, {is entitled to as
much weight as direct evidence. When a_con-
viction is sought on circumstantial evidence
xlone, it must not only be shown by preponder-
ance of evidence that the facts are true, but
they must be euch as are absolutely opposed,
upon any reasonable ground of reasoning, with
the innocence of the accused, and incapable of
explanation upon any reasonable hypothesis oth-
er than that of the guilt of the accused. The
degree of certainty must almost be equal to
that of direct testimony, and, if there Is any
one single fact proved to your entisfaction ,by
a preponderance of evidence which is inconsist-
ent with defendant's guilt, this is suflicient to
raise a reasonable doubt, and the jury should
acquit the defendant. * © In order to jus-
tify the inference of legal guilt from circumn-
stantial evidence, the proof must be absolutel
incompatible with the innocence of the saconed:
and incapable of explanation upon any other
rensonnable hypothesis than that of his guilt.
* * * Jf there is any reasonable doubt as to
reality of the connection of the circumstances
of esldence with the facts to be proved, or as
to the completeness of the proof of the corpus
delicti, or as to the proper conclusion to be
drawn from the evidence, it is anfer to err in
acquitting than in convicting.”

We find no reversible error in any of the
rulings complained of.

It is therefore ordered, adjudged, and de-
creed that the verdict and sentence appealed
from be affirmed. :

(113 Ta.)
No. 16,275.
STATR v. LYONS.*

(Supreme Court of Loulsiana. Dee. 18, 1904.)
CRIMINAL LAW — OPINION FVIDENCE — BTATE-
MENTS OF ACCUSED—PRIVILEGED COMMUNIOA-
TIONS-—EXAMINATION OF WITNESSES — MUR-
DER--INSANITY AS A DEVENSE-—EXPERT TES-

TIMONY —— INSTRUCTIONS — CREDIBILITY OF
WITNESSES—INSANITY AFTER CONVICTION,

1. It is not necessary that a witness In a
prosecution for murder should have qualified as

*Rehearing denied January 80, 1906,
’

a medical expert in order that he may be heard
to testify as to the passnge of a bullet through
the heart and liver of the decensed, where it ap-
pears that he assisted in the autopsy, is giving
the result of his personal observation, and is
able to identify the organs mentioned, as such
from having seen them taken from the body o
the deceased.

2,A person under arrest upon a criminal
charge Is not obliged to answer questions, but
he may do so if he thinks proper, nnd the mere
fact that be answers or makes stntements whilst
under arrest does not necessitate the exclusion
of such answers or statements as evidence on
the trial.
¢3. It does not follow, because a physician
visits a person with whom he fs acquainted,
and who, being charged with murder, Is lying in
a hospital, under treatment for a wound, that
auch visit is paid ina professional capacity, or
that the relation of olivetennts and patient is
thereby established between them.

4. A state witness having been asked on cross-
examination whether the accured was under the
influence of opiates at a particular time, the ob-
jection to a similar question propounded by the
district attorney on redirect examination, that
the witness had not qualified as an expert, was
properly overruled.

6. If a question, though leading, leads to noth-
ing to the prejudice of the accused, there is no
good ground of complaint on his part.

6. witness eg redirect examination may
be asked to explain what he intended to convey
by answers given on cross-examination.

7. Where a witness who, an a member of a
coroner's jury, has participated in an autopsy,
and in a finding, which bears his signature, as to
the cause of death, is asked what, as a member
of such jury, he had found to be the canse of
denth, there is no prejudicial error in admitting
his answer, when it appears that he immediate
ly thereafter identified his signature to the writ-
ten instrument containing such finding, and that
the same was rend to the pny without objection,
and it does not appear that there was any va-
rinnee between the answer of the witness and
the finding contained in the Instrument.

witness for the defense, being nsked on
erfas-examination, “Did you not make the atate-
ment?” ete, the objection that the state was at-
tempting to contradict or impench the witness,
and should state time, place, and person, is pre-
mature, as based upon an unauthorized assump-
tion as to the future purpose of the state,

1), Where, in a prosecution for murder, In
which insanity is set up as a defense, a nonex-
pert witness, after testifying that he had con-
verantions with the aceused, Is asked, “Did he
any anything that was irrational?” the question
does not call for an expression of opinion os to
whether the accused was snane or Insane, since
an insane man may at times talk rationally, and
asnane one irrationally,

10. In a prosecution for murder, where the de-
fonse is Insanity, the opinions of nonexpert wit-
nesses, sworn tn rebifttnl, to prove or maintain
the had ye annity of the accused, should he
received in evidence where it appears that the
witnesses are persona of normal intelligence,
and that they have had adequate opportunity.
considered with reference to the ecope of the
opinions sought to be elicited, to observe, the
conduct of the person whose mental condition is
the subject of Investigation; the determination
of the question of intelligence and of adequacy
of opportunity being largely within the dint:
tion of the trinl judge,

11. On the jesue of insanity, In a prosecution
for murder, testimony as to the conduct of the
accused both before and after, ax well os at the
time of, the net charged, is competent, and
should go to the jury.

12. Where the defendant, charged with murder,
introduces the testimony of nn expert oculist to
show that he was suffering from a dircnse of
the optic nerve, which, in the opinion of the wit-

_——
—

STATEMENT OF FACTS

MAY IT PLEASE THE COURT:

Defendant, D. C. Bailey, was indicted on March 20,
1956, for the murder of one E. C. Montgomery, operator of a
small store in a rural area of Madison Parish. Mr. Montgomery
was found dead, of a gunshot wound, in his store on the night
of December 27, 1955.

The defendant is an illiterate colored bey, 21 years
of age at the time of the alleged crime. He had no funds with
which to employ counsel, so the court appointed E. H. Lancaster,
Jr., of Tallulah, and Burton L. Wade, of St. Joseph, to defend
the accused.

Counsel for accused requested appointment of a
commission to enquire into the present sanity of the accused
and the sanity of the accused at the time of the alleged crime.
Pursuant to this motion, the court appointed Dr. E. Otis
Edgerton, Coroner of Madison Parish; Dr. Wm. R. okris, a
local general practitioner; and Dr. C. E. Sturm, a psychiatrist
and then acting superintendent of East Louisiana State Hospital.
These doctors examined the accused on May 8, 1956, and advised
the court in writing, that:

"Tt is our official opinion that D. C.

Bailey is not capable of assisting in
his defense and we feel that his medical
diagnosis should be ‘mental seiieeeeny
severe.'" (Tr. p. 96)

However, at a hearing held on June 30, 1956, the
two local doctors changed their opinion and the court found
defendant presently sane and ordered him to trial.

A motion for change of venue was overruled on
September 26, 1956, and trial fixed for October 2h, 1956,
defendant having previously entered a plea of insanity. On
the day fixed for trial a motion for a continuance was granted,

go that the sanity commission could report on the sanity of
the accused at the time of the alleged crime. The sanity —

commigsion filed a report, in writing, on October 30, 1956,
| >.

; it
dtten report

ther aes

74s

* accused / coure ta: eaten

“Clerk must keep jury dex in his
Re 8 is :182,

LF ts

1 Abb, or 4h7..

A State. v. nives, 193 is: 186; 190: So. 3h (2939)
State vs Norphiles, 165 la., 8935
Sy 116 So. 374 (1928);
; State v. Calvin, 209 Lae, 25h,
24 So. 2d. 167 (1945);
State v. Gardner, 198 La. él,
“3525 So. 2d. 132 (19413 — .
=. State v. Johnson, 228 La., ot7
“82 80.) 20. 2h (1955). mo aes

cee To be part “of. the Res Gestae an act must occur

ee 7 ER d
A Bingen Res Te “Ky

‘Ainmediately before or after the commission of the crime. State

ME VERSE vy ts

v. Schmidt, 163 La. 512; 112 ‘So. 400 (1927).

t aes 16s

5 - An imbecile, with & an intelligence quotient of
47, cannot make a free and voluntary ‘confession.

6. Reference ina confession to a crime committed
some years prior to the offence charged rendered the confession
{nadmissible in its entirety. Art. 450 Code of Criminal
Procedure. |

7. Playing of a confession by recording to the jury
after same had already been read to them and identical oral

confessions related by two other witnesses, was reversible error.
8. Admission in evidence of two purses, foun? property
defendant, which purses were not shown to have been

of the deceased was reversible error.
“4.

5
t

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S56

advising that, in their opinion, the accused could appreciate
the difference between right and wrong.

Trial was commenced on November 12, 1956. The State
offered evidence tending to prove that the defendant was in
the Montgomery Store prior to and after closing time on the
date Mr. Montgomery met his death, but based its case
primarily on a series of admissions and confessions made by
the accused. A written and signed confession was admitted as
well as certain oral admissions and confessions made by
defendant to law enforcement officers and a recording taken
simultaneously with the written confession. The étatessione
were to the effect that the accused had gone to the Montgomery
plantation in the morning of December 27th., had gone to the

house of an old white man, a batchelor named Nelson, ard

borrowed Nelson's shotgun, presumably to kill a coon under the

bank of Bayou Macon. Instead of a coon, according to the
confessions, defendant shot Mr. Nelson, who had followed him
down the hill. Defendant further confessed to taking the gun
of Mr. Nelson, hiding it in the grass near the Montgomery Store,
and killing Mr. Montgomery with the same gun some four to five
hours later. Defendant also confessed to taking 4 portion of
the money from the cash register and then walking the bridge
across Bayou Macon, where he induced a colored man to drive
him to the House of a friend, where he was subsequently
apprehended.

Defendant was found guilty as charged and sentenced
to death. |

Motions for a new trial and in arrest of judgment
were overruled. In the course of the preliminary hearings
and trial, ten bills of exception were reserved which serve

as the basis of this appeali

"Louisiana

oe
?
s

“murderer

“ANGOLA, La. (AP) — Timothy
Baldwin, convicted of bludgeon-
ing to death an 85-year-old blind
woman who was godmother to his
youngest son, was executed in
Louisiana’s electric chair early
today. ea tae i

*. Baldwin, 46, was pronounced

. : dead at 12:13 a.m. CDT, said C.

- Paul Phelps, secretary of Public
- Safety and Corrections in Baton ih es gag ames: < AP Wirephote
= Rouge. iby Bee ; ee ects i i Ristyt Tees Bre}

* Before he was put to death, a~ TIMOTHY. BALDWIN, in
-.grim-faced Baldwin expressed his _ ent prison photo Ue,

. disgust with the society that TO CP giacay Ste Ba oS 2 ie!

fused to accept his innocence. — =~ yourselves,” Baldwin said. ae
‘« “I wasn’t sure whether I was} A nod from Louisiana State}
going to make a statement be- ~ Prison Warden Frank Blackburn °: ys
‘cause you get weak in the knees,” _ and the first of 2,000 volts surged jff-..-
Baldwin said. ‘I. do have to tell . through Baldwin’s body. He stif- =}°
Society I’m disgusted with them. . fened and seemed to hunker down =| ~
... They only had a_ one-sided | against the straps and showed NO SS
Story,” he said. | <:A% os ‘\ Signs of breathing.*" - * cle ae. Raa

_ “You’ve got to say that I know »— A second surge of 500 volts went |.”
‘I’m innocent.” geneity us _ through his body. His thong-san- of.
~ But, he added: “Where I’m go-_ daled feet and his hands turned - ;

- ing, I’m going to have to atone for « inward, A third charge, again of os rs
“what I did in my life and I’ve _2,000 volts, was administered and “].. -
~" pulled some escapades. -’ smoke rose from his left hip. “ACE:

“Y’all are going to have to go final surge of 500 volts was sent._ |:
+. there, too. Y’all are the ones who | ~ though his body. ‘There was little =f
: pga

_ are going to have to live with reaction... “RgRaaete = en yee
sass tances Ree AON EWE econ Be 7H Itywas over at 12:05 a.m. His’ |--. tamer,
Ai ae oat Shine Sewcoee - ae e : Sabi Sach F ; FA x left knee, which had been exposed
ore Sechaba tite - $ | to enable the electrodes to be at-
tached to his calf, was bruised.
° 4 le. Fel tigeey Wee Ee panies peg hea fos
Pat 12:12, West Feliciana Parish
~ Coroner Alfred Gould and state-
appointed Dr. Thomas M..
Beaman entered the small, stark
chamber, raised Baldwin’s T-
shirt, listened for a heart beat, | ™
-. heard none and pronounced him. f::
dead. at 12:13 a.m. 3t0s-¥Re 52"
_,The body was taken to the
__prison morgue, where the family
was expected to’pick it up. How-
ever, his family had asked that
funeral arrangements be kept

é Py ond yt

PEGE 1 MAS Meteo tet

6 Ma sec cerionstit 4

“Sit ABE 3;

'|Slayer

J ruled the death
in 1976.

-- win bitterly contended that Louisiana

4 through a succession of lawyers as he

..« took his case through eight appeals and
- eight execution dates in six

“>: Sunday.

_.in interviews that they had waited for

‘said Frank Turk, a son of Mrs. Peters.

Hey

—__—_—

snsthidiiseemapiannesinmmtiimmtmmmatante

of Blind Wisin Executed

sth emmeisaeaeteemens

SET NERD

ANGOLA, La., Sept. 10 (AP) —
Timothy Baldwin, convicted of blud$-
‘eoning an 85-year-old blind woman to
death, was electrocuted today at the
state prison here.

Mr. Baldwin was condemned for the
-murder of Mary James Peters, the
~ godmother of his youngest son, in 4 rob-

Prosecutors said he went into a rage
and attacked her with an iron skillet, a
telephone, a stool and a television set
when she refused to tell him where her
money was hidden.

He was the fourth person executed in
Louisiana and the 24th executed in the
United States since the Supreme Court:
penalty constitutional

‘o>

Defiant Statement Issued

In a defiant, sarcastic statement
~ made public after he was pronounced
dead shortly after midnight, Mr. Bald-

was murdering an innocent man. |
Mr. Baldwin, 46 years old, went

years, but
e United States Supreme Court, on a

to-2 vote, rejected his last attempt

Members of the victim’s family said

‘the execution. :
“I’m not pleased with anything,”

“I just feel justice has finally been
done, but it took an awful lot of doing all
around on a lot of people’s part.”
As the execution was carried out, a
group of protesters held a “vigil for
life’”’ outside the prison gates after an
earlier demonstration outside the Gov-
ernor’s mansion in Baton Rouge. "

Mr. Baldwin admitted to a life of
crime in which he stole cars, commit-
ted burglary, escaped from prison and
wrote up to $120,000 in bad checks a
year. But he maintained that he was
never violent.

Mr. Baldwin and Marilyn Hampton,
who is serving a life sentence for first-
degree murder in the slaying of Mrs.
Peters, visited the woman on April 4,
the police said. Mrs. Peters was found
the next day by a Meals on Wheels
volunteer and died a day later. i
Two bank bags belonging to the vic-
tim were found in Mr. Baldwin’s van
when the police arrested him in El
Dorado, Ark., and the police said his
fingerprints were found in Mrs.
Peters’s ransacked home. +
Appeals courts rejected arguments
that Mr. Baldwin’s rights were violated
because a prosecutor offered to let him
plead guilty to second-degree murder;
which does not carry a death penalty.
Mr. Baldwin rejected the offer, and his
lawyers had argued that the prosecu-
tor’s offer was a form of coercion. ‘7
Mr. Baldwin contended that police

wn
;

-*% a

EW YO

had planted the bank bags in his

TIMES, TUESDAY, SEP

van. °‘5

Vt 9S: Wegesl Snes,

TEMBER 11, 1984

St ode %

trae

CUA Oe? tg gee ANE 3

Waukegan, Illinoijs

-SUN, ,

Slayer dies
in Louisiana
electric chair |

ANGOLA, La. (AP) — Timothy Baldwin, convicted of
using a television set to bludgeon an 85-year-old blind
woman to death, bitterly proclaimed that the state of
Louisiana was murdering an innocent man before being
executed today in the electric chair.

In a defiant, sarcastic statement made public after he
was pronounced dead at 12:13 a.m., Baldwin
congratulated ‘“‘all those who have tried so hard to
murder me. I definitely have to give them credit as it
takes a very special kind of person to murder an
innocent man andstill be able tolive with themselves,”

A former altar boy whose arms were covered with
tattoos of a snake, a skull and a naked woman, he was
condemned for the murder of Mary James Peters, the
godmother of his youngest son, in an April 1978 robbery
in West Monroe, La. we

Prosecutors said he went into a rage and attacked her
with an iron skillet, a telephone, a stool and a television
set when she refused to tell him where her money was
hidden. - rad Sate

Baldwin went through a succession of lawyers as he
took his case through eight appeals and eight execution

dates in six years, but the U.S. Supreme Court rejecteg

his last attempt on Sunday, 7-2. ;

He was the tonht person executed in Louisiana ang
the 24th executed in the United States since the ys,
Supreme Court reinstituted the death penalty in 1976

Baldwin, who ate a last meal of fWo bacon and tomato
sandwiches and french fries, was led Bs of his cell
precisely at midnight, escorted down a 5fort hall to the
execution chamber, and strap air,

A nod from Louisiana State

o> aE rea an 4

Timoth Baldwin, executed today

AP Photo

Blackburn and the first charge of 2,000 volts surged
through Baldwin's body, followed by charges of 500,
2,000, and 500 volts. A coroner declared him dead at
12:13 a.m.

Baldwin freely admitted to a life. of crime during
which he stole cars, committed burglary, escaped from
prison, and wrote up to $120,000 in bad checks a year.

Baldwin and Marilyn Hampton, who is serving a life
sentence for first-degree murder in the slaying of Peters,
visited the woman on April 4, police said. Peters was
found the next day by a Meals on Wheels volunteer and
died a day later.

Two bank bags belonging to the victim were found in
Baldwin’s van when police arrested him in El Dorado,
Ark.

Baldwin’s mother, Barbara Baldwin, said he was an
altar boy in Willowick, Ohio, where he was born. He said
he was 46. His mother, however, said he was 42.

BALDWIN, Timothy G., white, 6, electrocuted Leuisiana (Ouachita Parish) 9-102198).

6 Bolume 11, Number 2, Summer, 198);.

SOUTHERN COALITION REPORT

A Letter From the Widow
of James Hutchins

Dear Friends,
1 would like to tell you in a few words

just how important N.C.A.D.P. (North Caro-:
linians Against the Death Penalty, ed) is to.
me. They know the family of convicted mur-
derers are victims also. And in most cases’

the victim doesn’t understand the law. Here
is where this wonderful group of people
helped me so much. They were always
there to answer my call for help. And when
| didn’t Know how or what to do, they step-
ped in with a helping hand. They got an
appointment for me to see the governor,
they made the appointment for me to see
and be with my husband, they even got a
place for me to stay so | could be near my
husband at the end of his life. They took
care of all the important things. But the
most important things to me, they were
and still are my friends. And | love each one,
and | thank God for them all, and the work
they do.

Thank You,
Geneva Hutchins

TIMOTHY GEORGE BALDWIN

43 years old. White male.
Widower, father of seven children.

On July 28, 1978, Tim Baldwin was con-
victed of the April 4, 1978, murder of Mary
James Peters, an 85-year old white woman
in West Monroe, Louisiana. He was sentenc-
ed to die.

Although Tim had been convicted of other
crimes, this was his first conviction for a
violent crime.

Tim has always maintained his innocence.
He went to trial just three months after
his arrest. His court-appointed attorney
had never worked on a Capital case before
and was involved in another case the same
time Tim was going to trial. As a result,
Tim’s defense was poorly planned and at
times terribly inconsistent.

The initial police bulletin described the
killer as being in his 20's. Tim was then 38
years old. The bulletin also described the
vehicle parked outside the home of the victim
as a brown Dodge van; one neighbor
described its color as goldish. Tim Baldwin

“ was driving a black Ford van.

Tim claims he was 70 miles away in
El Dorado, Arkansas, on the evening the
murder occurred. Indeed, five months after
the trial Tim’s lawyers acquired a motel re-
ceipt indicating Tim was in El Dorado on
April 4, 1978, the date the murder occurred.

At trial, only two defense witnesses were
called. The first, Tim’s wife, was not with

March 16, 1974, 2:00 A.M., a crowd of 200 people face Central Prison in Raleigh at the hour
the state of North Carolina killed James Hutchins.

him during the relevant time period and
had no testimony to offer concerning his
alibi. The second, Tim himself, testified that
he had visited Mrs. Peters on the evening
of the crime, socialized with her as he had
many times in the past, and left. He main-
tained that he had not returned to her
home later that night, but rather he proceed-
ed to El Dorado, Arkansas.

The motel receipt does not reflect any
check-in time, but is dated the day of the
murder. And according to one of the State’s
witnesses, a neighbor of the deceased,
the van driven by the killer or killers was
still present outside Mrs. Peters’ house in
West Monroe at 11:10 p.m. on April 4th.
Since El Dorado is at least 70 miles away
from West Monroe, it is impossible that Tim
could have reached El Dorado by midnight
in time to have checked in on April 4,
1978. (It is also impossible for Tim to
have been in El Dorado on the morning
of the 4th. State’s witnesses said he was at
a Mississippi State Park until 10:00 a.m.
on April 4. He arrived in West Monroe at
noon on the 4th and stayed the entire day
visiting with his children and step children.)

The penalty phase of Tim Baldwin's trial
lasted only 50 minutes. Only Tim’s wife
and two stepdaughters testified on his be-
half. No effort was made to delve into Tim’s
life history; no non-family witnesses were
sought out or called on to testify.

Not once did defense counsel mention
the fact that Tim had never been convicted
of a crime against another person. Num-
erous people who knew Tim Baldwin—neigh-
bors, a minister, a former employer, a fed-
eral probation officer—could have been
called to testify on Tim’s behalf during the
penaity phase of the trial. Each would
have indicated to the jury that Tim was a
hard-working, church-going, non-threatening
person. Their testimony might have persuad-
ed the jury to recommend a punishment
other than death. None of these potential
witnesses was contacted by Tim's trial
counsel.

In later affidavits, many of Tim’s ac;
quaintances asserted that an act of murder
was completely out of character for him.
The retired sheriff of Lincoln Parish, Jesse
Riser, stated: ‘‘l would never have imagined
that he would have. done something like
murder. We must be talking about a dif-
ferent person.” A former neighbor, Johnny
Whatley, said flatly: ‘| don’t believe he did
its’

And Tim himself wrote: ‘‘l don’t suggest
that | have led a blameless life, but |
never have committed a crime against a
person, nor have | ever been arrested or
charged with an act of violence. My prior
history is wholly inconsistent with the cap-

(Continued on Page 8)

|
ae

‘an .
. ee
Pie.
c

oe cena gees ln ee

CONTINUED...

Baldwin.

’
wt

From Page 1

. Edwards took the highly unusual
-. step .of visiting Baldwin in per-
gon, but afterward declined to
intervene. A last-minyte change
of heart by Edwards now seems’
’. Baldwin’s only hope to remain
alive. ; =
_ “At the beginning of the week,
.“...I-was' a little uptight,” Baldwin
: said. ‘They started that old
’ ° Death Watch stuff, checking you
every 15 minutes, watching you
while you. shave. It’s an insult
to me really, you know. I’m a
grown man. I don’t pull any —
stunts. They want to keep you in
perfect health so that they can
‘kill you.”
Baldwin states his case bluntly,
in a dull monotone that some-
times quiets to a mumble. He
reveals neither, anger nor bitter-
ness. Though his gray eyes are
sad and sometimes pleading, an
occasional mischievous grin lights
the creases that stretch from his
eyes to his long sideburns. He can
still smile.

‘Not the worst way to die’

“Really I’m calm,” Baldwin
said. “I’ve seen so many people
worry about things, become
obsessed with worrying, and they
end up in bad health, very ner-
vous, stuff like this. I have no
problems with nerves. I eat and
sleep good.

“Even in the position I’m in
here, I think back and consider
myself fairly lucky. I could have
had a terminal illness, been crip-
pled, died and left my family with
a bunch of medical bills. This
isn’t the worst way to die.

_ “Really, I’m not that afraid
same because I’ve got a curious nature
me, to begin with,” he said. “I’m curi-
sea ous what happens after death.”
wun Baldwin, eight days shy of his
w= 47th birthday, presents a puzzle.
« His supporters call him a hard-
m«4 working, kind-hearted man fier-
re cely loyal to his family. Prosecu-
tn tors and police describe him as
ve the thief-turned-killer who blud-
vow, geoned his child’s godmother to
death with a stool, telephone and
vewen Skillet.

Baldwin spent several hours
kines last week describing himself,

a al natad, awd €.31

Close calls with the law

In his most recent escape,
Baldwin sawed through the win-
dow bars of the Ouachita Parish
Prison, and fled his death sen-
tence by scaling down 102 feet of
knotted sheets. A month later he
was captured in Ohio and
returned to await execution.

Baldwin’s arms, like those of
all Death Row inmates, are
locked in metal and strapped to a
black leather belt when he leaves
his cell. He covers them with long
blue denim sleeves, to hide the
naked women and snakes penned
in by jailhouse artists. The tat-
tooed knuckles of a clinched left
fist spell L-O-V. “It hurt too
much,” he said. “I couldn’t go all
the way.”

Baldwin said real love came his
way at Judd’s grill in Euclid,
Ohio, where he was an ex-con
frying eggs and Rita was a
divorced waitress with four young
children. A month or so later
they married.

Together, they had three more
children. But attach the prefix
‘step’ to any of the children and
Baldwin bristles. “Really, I’m the
only father they’ve ever known. I
raised my kids as my own. I
didn’t allow the word ‘step’ to be
used.”

Thereafter, the Baldwins’ lives
together became a game of hop-
scotch across county lines, hide-
and-seek from police computers.

Bad checks, rough times

“I would write (bad) checks to
get deposits on a new home. To
me, it was justifiable, to society it
wasn’t,” he said. “I would then go
to work and have a perfect work
record. I used to help with the
bingos, school affairs. As long as
the police left me alone, I’d be
OK. But I'll tell you, when the
police come, you've got to get out
of Dodge pretty quick.”

Baldwin illustrates his point
with the tale of a Plant City, Fla.,
car wreck. Rita suffered severe
burns that sent her briefly into a
coma. Baldwin suffered the dis-
covery of his fugitive status by an
insurance company investigator.

“We got an old van, pulled the
engine down, and rebuilt it in one
night,” he said. “We painted it
white, went down and bought a
used hospital bed and put it in
the back, and I signed Rita out
early. The doctors were about to

of statutory rape. Baldwin

charges that Jones’ testimony
was designed to protect himself.
Jones was never prosecuted, and
attempts by Baldwin’s attorneys
to find him have proved unsuc-
cessful.

In addition, Baldwin and his
attorneys argue:
> The original police bulletin
described the suspects as a couple
in their 20s, while Baldwin was
40 and Hampton was 35. They
said the man had long hair and
was wearing short sleeves; Bald-
win wore a crewcut and long
sleeves to cover his heavily tat-
tooed arms.
> Three of Peters’ neighbors,
present at police line-ups, failed
to identify Baldwin. On a fourth
attempt, one neighbor identified
someone else as the killer.
> Peters, who lived for several
days, told police she did not know
the identity of her assailant. Yet
she knew Baldwin well.
> One neighbor identified the
van outside Peters’ house as gold-
colored. Baldwin drove a black
van.

Acquaintances surprised

In addition, several months
after his conviction, Baldwin’s
attorneys produced a motel
receipt placing him 70 miles away
in Arkansas the night of the mur-
der. Prosecutors argued that the
receipt could have been misdated,
or Baldwin could have checked in
the motel either before or after
the crime.

After Baldwin’s conviction, his
attorneys collected affidavits
expressing shock from the people
who had known and admired
him. “Tim was peaceable and
friendly,’ said Jessie Riser,
former sheriff of Lincoln Parish.
“You really couldn’t ask for a bet-
ter man.”

“He was a very hard worker
who would start work at.7 a.m.
and stay on the job until dark,”
said Jimmy Terry, a former
employer. “You really couldn’t
ask for a better worker.”

“Tim had his family in the
front row of the church every
Sunday,” said Father Walbert
Galerna, the Baldwins’ priest in
1973 and 1974.

Waiting in Death House

Questions about Baldwin’s
guilt gained national attention

cavaral woare aan whan The New

‘I used to help with
the bingos, school
affairs. As long as
the police left me
alone, I’d be OK.
But I'll tell you,
when the police
come, you've got to
get out of Dodge
pretty quick.’

Timothy Baldwin

where the state’s condemned men
spend their last hours waiting for
the short walk to the electric
chair.

‘It’s not Christian’

If his execution occurs early
Monday, Baldwin will be the
fourth Louisiana man electro-
cuted in nine months, and the
‘first to die without a loudly pro-
claimed Christian commitment.
He has taken a dictionary and
writing paper, not a Bible, to his
waiting cell, and plans only a
five-minute visit with a priest
before his death.

“What they’re doing is not
Christian,” he said. “You know
everybody preaches the Bible and
the pro-death penalty people talk
about an eye for an eye ... what
about cutting your arm off for
stealing, or cutting your tongue
out for cussing your parents? The
Bible’s the most misused book in
the world.

“To me, society’s become
obsessed with wanting to murder
somebody. It’s ironic. I had (an
execution) date the same time
Barney Clark was getting his
artificial heart, the same news
broadcast. I just couldn’t under-
stand all these medical break-
throughs to save a life, and turn
around and talk about taking a
life.” |

Baldwin speaks of his four

years on death row with affection [T

for his fellow inmates. He taught
Robert Wayne Williams, exe-
cuted in December, how to play
chess. He taught others how to
build jewelry boxes from match-
sticks, until the guards took the

gE ier:

rie sayo ucu

saurcs, BYoms veneer

wife’ work before. I felt like she They have feelings like everybody

day added his voice to their pleas,

\ bane take charity, and often, has. He aaah ated I "d call ybo
ri says his family has always come get need me. I guess youo © saying that “fair play” called for else. Everybody back there's like
| first, yet he gt poe wife an . le menopause. the materials’ er But Par- 48 areas be re just a vent for
; Y=" geven children and was roamin 7 kerson refused to release the PUpie rustration.

on Convicted of murder information until after the execu- Despite Edwards refusal thus

far to stay his death, Baldwin

F=* the time of his last arrest. Still, “< One thing led to another, and tion.
‘he boasts of his capacity for hard T picked up with Marilyn (Hamp- As his attorneys continued to harbors no grudge. ;
arate! work and describes himself as “a ton,ahigh school acquaintance), press their pleas, Baldwin was “JT just can’t quite picture

society wanting to execute me. I

moved Thursday from his Death ‘§ ng e me
just can’t get it into my mind.

pillar of the community.” Baldwin said. “I ain’t got nobody
Row cell to the Death House,

in to society. but myself-to blame on that.

"my life because there were a lot of _ Marilyn was just, sort of a dream

things I’ve felt justified in doing ... | guess you ‘might say the for-
which, unless society were in my _ bidden fruit.”. . >S
shoes at the time, you know, ril 4, 1978, Baldwin and

| On Apri
they’re socially unacceptable,”

fe Hampton visited 85-year-old
~ Baldwin said. “Let’s face it, I’ve Mary James Peters, the: god-

~ gota questionable past.” mother of his youngest child, in
- * "Schooling in the small Ohio her West Monroe home, just
towns near Cleveland made Bald- stopping, they said, on their way
win restless, he said. Authority through town. Four days later,
made him chafe. “I wanted to go they were arrested in El Dorado,

Ark., and charged with her slay-
ing.

In separate trials, Baldwin and
Hampton were each convicted of
first-degree murder. She is serv-
ing a life sentence at the Louisi- ;
ana Correctional Institute for
Women in St. Gabriel.

Ouachita Parish prosecutors

to the big city,” Baldwin said.
“That’s where the action was.”

“When I was very young, about
13 or 14, I stole a car and got
busted in Pittsburgh. I stayed in
a bad boys home there. Then I
got sent back home and that
created a big stink.

back in jail, and I hed
' “Pye escaped quite a few times...

Boastful prison escapes

, “My mama wanted to put the
skids up under me and I wasn't
about to stick around.”

Baldwin said he took to run-

: . ning with two groups in his

youth, “one of them very decent
and the other the opposite. In
fact, one of them is the chief dep-
uty in Painesville (Ohio),” Bald-
win boasts. ,

lowed a different route, one of
’ petty crimes - never violent, he
insists - and eventual imprison-
ment. “They got me for bur-
glary,” he said, “and I did it, too.”
Baldwin’s

. brought his first escape; his re-:

of one to 20 years. Baldwin said.
parole with the other 17 hangin
over his head, when a friend
asked to store a few things at his
house. a, eRe:
“Maybe I did know they were
stolen;” he admits.
steal it. I wasn’t a
ing stolen goods.
esc:

r=:
They put.me

I despise being locked up. You:
see, | look for mistakes. Even
though I’m in a high security.
area, when nobody attempts to

’ escape, they lower their gu

They’re still looking for me 1

«some of them.”

For Baldwin, though, life fol-

first incarceration’ ‘attorneys argue

is re-.’ to search Baldwin’s van or pro-
‘duce
days
* custody and Baldwin had already
passed
«point, they say, he was framed.

arrest brought a running sentence:

‘he served three and was out on

oui

“old daughter,

eee Aten AR, SOR A rete 0 nm

offered jurors three damning
indications of Baldwin’s guilt.
The first was $27,000 of Peters’
savings bonds deputies said they
found in Baldwin’s van. The sec-
ond was the testimony of William
Odell Jones, a traveling compan-
ion who claimed Baldwin plotted
the murder-robbery in advance,
and told him of it afterward. The

~ third was the testimony of Bald-

win’s stepdaughter Michelle, who
said that Baldwin told her he
“had done something that he was

facing Old Smokey (the electric

chair) for.”
| In response, Baldwin and his
that police failed

the stolen bonds until two
after it had been in police
a police line-up. At that

‘| Secondly, they say, Michelle

- Baldwin was drunk when she

made. her original statement to
and angry at her
father - for running off with
‘Hampton. She went through with

“the testimony, they say, for fear
‘of a'perjury charge. ° pte

Evidence, stories clash

Thirdly, Odell Jones was
wanted on bad check charges,
Baldwin says, and had been hav-
‘ing sex with Hampton’s 14-year-
making him guilty

7 tae A‘ “ah ae pe vi Ne a\soa geen
habe tda,white, elec, La, SP (Quachita)
a a

SE BC ‘é ae Garret) Wel Ws
Sveael Sadr omens |

Wag ha VNesS WAS ysis’ WSN
" TIMOTHY BALDWIN HELPS DISTRICT ATTORNEY Me NAR Oe ow Wilbre

eK OU \Aaen

WR yey “Ww “

It seems the district attorney has been. so pre-occupied with
composing such theatrical quotes as '' HE CHOSE TO ROLL THE DICE ";
or " SHE CRIES FROM HER GRAVE FOR JUSTICE ", that he's completely
forgot to mention all the " OVERWHELMING " evidence against me. Seeing
how you, the public, seem. to be so obsessed with wanting my execution,

I feel its my duty to help the D.A., by refreshing his memory, and to
satisfy your curiosity.

Of course,J] could be wrong, but I, don't believe the D.A.,has
ever mentioned that there were four (4) eye witnesses-- who actually
Saw the murderer and the beating,

It probably slipped his. mind because of the line-up, I was in.
Three (3) of the Four (4) couldn't. identify anyone, and the fourth (4th)
identified someone else.

The D,A., seems to be under such a. strain. worrying about the up
and coming election, that he can't seem to remember the victim. Some-
timesit's claimed that she mever regained consciousness, sometimes it's
claimed that she did regain consciousness -- but couldn't talk. Other
times. it's claimed she talked -- but was incoherent,

It's funny the D.A., should forget the testimony of his ow state
witnesses, such as a nurse who attended Mrs.. Peters, and stated Mrs.
Peters said, she was thirsty -- could she have gome water. Or the police
who questioned her -- when they asked her who attacked her, she said,
she "didn't" know.. 7

I know you must wonder about the mysterious William Odell Jones,
After all, he swore that I, told him that I, did this crime. It was
said that, he only had one little scrape with the law in his past --
and would gain nothing by giving false testimony.

I find it awful funny that when I, tried to refresh Odell's,. memory
that he was not only wanted in this state,- but several Other's, that
this very D.A., took the stand and swore there was no deal made. for his
testimony...

I would still like to know the secret, maybe one of you readers can
tell me.; Just how a D.A., who cries. so loud for Justice, could let a
man walk Free, who was wanted in this state amd several others, and to
Top it off, the D.A., paid Odell's, motel and expenses with your tax-
dollars.

I know you've heard of the Bonds being conveniently found in my
van. I'll have to admit, that doesn't sound good, But, with all thats
been on the D.A.'s, mind, he's failed to mention some interesting facts
about these Bonds, and the van,

Wednesday, September 12, 1984

Reporter's notebook

Invitation to an execution — death by formula

By JASON DePARLE
Staff writer z

Overing an American

execution apparently is

not the experience it

used to be. One remem-
bers descriptions, 50 or 100 years
ago, of crowds toting picnic bas-
kets to the lynching tree, where
society exacted its retribution in
full public view. State-sponsored
death today is a more secluded
and antiseptic affair. The public
is barred, and reporters are kept
on tight leash.

Most of the several dozen
reporters and cameramen who
trekked to the Louisiana State
Pentitentiary at Angola Sunday
night remained several miles
from the Death House, where
Tim Baldwin, condemned for the
1978 bludgeoning death of an eld-
erly West Monroe woman, lived
his last hours and died. Rather
than gaze solemnly at a death
chamber, reporters passed the

evening’s hours in the cement-

block conference room of the
prison administration building,
which sparkles with the cleanli-
ness that comes from the prison’s
abundant supply of cheap labor.
Prison authorities had prepared
sandwiches, sugar cookies and
coffee, and pleasantly urged us to
take our fill.

For most of the reporters, too,

the evening offered an opportu-
nity to reacquaint and reminisce.
Gossip about legislative battles,
local political races, and other
reporters was freely swapped
back and forth, as were garden-
ing secrets, pet care tips and
favorite recipes.

Warden Frank C. Blackburn
obliged the stagnant press pool
with two briefings, apprising us
of what Baldwin was eating, to
whom he was speaking, and how
he was reacting to his promised
death.

The questions posed at these

briefings seemed less aggressive

than those at executions past.
Most of us were veterans of at
least one, if not all, of the three
executions of the previous
months. Even the crude humor
— “Did you hear his last request?
A pair of asbestos pants.” — was
less rampant than in the past.
Familiarity bred boredom.

The evening’s only departure
from a worn script occurred out-
side the prison gates, where the
first protesters appeared since
the Robert Wayne Williams exe-
cution in December. Prison auth-
orities dutifully informed us of
the protesters’ presence and pro-
vided bus transportation from
the headquarters to the prison
entrance a mile away. Reporters
were forbidden to cross past the
metal gate, so we strained and

shined television lights into the |

darkness. —

Two death penalty opponents

who had known Baldwin and

fought for his life strode to the

gate. They seemed sad and weary
\4

-and repeated their categorical

objections to the taking of a life.
They were trailed by a couple,
blinking nervously into the glare,
who held aloft a sign declaring
their support for the evening’s
execution. Their daughter was a

‘murder victim; her killer is await-

ing execution on Death Row,

One reporter invited the two
pairs to “talk to each other.”
With one man’s life soon to
expire, and 37 others scheduled
to follow, it was a prime moment
for ugliness and conflict.

“T think they all should be exe-
cuted,” said Vernon Harvey, who
had traveled from Covington to
bear witness to his beliefs. “Bald-
win took a woman’s life. He has
no right to life.” Death penalty
opponent Tom Dybdahl agreed
that “murder is an outrage. It
can’t be tolerated. But is the only

answer to killing more killing?” .

he asked.
Their statements — the same
ones both sides have swapped for

decades — were exchanged more
in sadness than in anger, and the
potentially combustible moment

passed. Quotes collected and foo-

tage shot, the reporters trotted
back to the schoolbus. Recess was
over.

By scheduling executions
shortly after midnight, the Legis-
lature places them well past most
papers’ deadlines, meaning the
presses begin to roll before the
execution in fact occurs. Every
minute that passes, then, means
fewer papers will get the word.
This sets the stage for the only
real action required of the report-
ers pool. Having written the body
of their stories hours in advance,
reporters spend the minutes past
midnight waiting for official con-
firmation of death and the
details. -

The electric chair is located
several miles from administration
building, and three reporters are
allowed to accompany clergy, law-
yers and governor’s emissaries to

the witness room. The Associated
Press and United Press Interna-

‘tional are each guaranteed a spot;

a third reporter is selected by lot-
tery. Typically a half-hour or
more passes from the time of
death until the witnesses return
to provide the pool with confir-
mation and details:

Then the race down the hall to
phones ensues, and the details of
death pour out of Angola,
through newsrooms, over the
presses and onto morning door-
steps.

Sunday night’s post-execution
scramble was a muted one, with
less interest than ever expressed
in whether the smoke from the
left leg was blue or white,
whether the death hood was gray
or black. Even the prideful race
between wire services, for whom
a minute’s advantage is a claim
to victory, seemed less spirited.
There was nothing new to say;
death had been reduced to a for-

mula.
a

B kbaae

664 La.

meeting, the assistant district attorneys in-
formed Mr. Baumler that there was an in-
vestigation into allegations of criminal con-
duct involving defendant and others. The
assistant district attorneys inquired of
Baumler whether Marcal would consider co-
operating with the prosecution in return for
some limited grant of immunity.

[24] No other evidence was offered.
There is no evidence in this record to sup-
port a contention that the district attorney
had such personal animosity that his per-
sonal interest conflicted with the fair and
impartial administration of justice. In fact,
there is no evidence in the record that Mr.
Connick himself participated in any way in
initiating or deciding to proceed with this
prosecution against the defendant. Mr.
Connick did not know about the facts of
this case until after the investigation of the
charges against defendant had been com-
menced by the district attorney’s staff.

[25] The defendant bears the burden of
proving that the district attorney has a
personal interest in conflict with the fair
and impartial administration of justice.
State v. Snyder, 256 La. 601, 237 So.2d 392
(1970). There is no error in the trial court’s
ruling on the motion to recuse.

Our original opinion is reinstated, and the
conviction and sentence of the defendant
are affirmed.

° 4 KEY NUMBER SYSTEM
T

STATE of Louisiana
v.
Timothy George BALDWIN.
No. 66033.
Supreme Court of Louisiana.
May 19, 1980.
Rehearing Denied Oct. 6, 1980.

Defendant was convicted by: jury in
Fourth Judicial District Court, Parish of

388 SOUTHERN REPORTER, 2d SERIES

Ouachita, John R. Joyce, J., of capital mur-
der, and he appealed. The Supreme Court,
Watson, J., held that: (1) no error occurred
in denying defendant’s motion for change
of venue; (2) no error occurred in not al-
lowing defendant to enter plea of not guilty
by reason of insanity; (3) no error occurred
in denying defendant’s motion to suppress
evidence seized from his motel room and
van; (4) trial court did not abuse its discre-
tion in denying defendant’s challenges for
cause of certain prospective jurors; (5) cer-
tain hearsay testimony was admissible to
prove defendant’s motive and intention; (6)
no error occurred in denying mistrial when
prosecuting attorney alluded to appeal; (7)
no error occurred in allowing detective to
testify as expert in fingerprint identifica-
tion; (8) no error occurred in denying de-
fendant’s motion to exclude testimony by
district attorney, who was called to rebut
inference of immunity to certain witness,
on ground that he did not appear on State’s
original witness list; (9) no error occurred
in admitting into evidence black and white
photograph of victim; (10) no error oc-
curred in refusing to give defendant’s re-
quested special charge concerning correct-
ness of identification of defendant; and
(11) death sentence was not excessive.

Affirmed.

Dennis, J., concurred with reasons.

1. Criminal Law <= 126(2)

In prosecution for capital murder, no
error occurred in denying defendant’s mo-
tion for change of venue, because defendant
did not prove that there was such prejudice
in collective mind of community that fair
trial was impossible, where evidence at
hearing on motion was that newspaper cov-
erage was routine for murder case, televi-
sion story quoted police chief as saying
crime was “savage” and reporter character-
ized it as “brutal slaying,” but these de-
scriptions were not exaggerated, and lay
witnesses at hearing were generally unfa-
miliar with crime although some had

STATE v. BALDWIN La. 665
Cite as, La., 388 So.2d 664

sketchy impression about it from news me-
dia. LSA-C.Cr.P. art. 622.

2. Costs e=302.4

Criminal Law e286

Mental Health e=434

In prosecution for capital murder, no

error occurred in not allowing defendant to
enter plea of not guilty by reason of insani-
ty, in not appointing sanity commission and
in not providing him with expert psychia-
trist at state expense, because trial court
properly found no cause for change of plea,
where, at hearing on defendant’s motion for
change of plea, only evidence of impaired
mental capacity was testimony that defend-
ant had been heavy drinker. LSA-C.Cr.P.
arts. 561, 643.

3. Witnesses €=305(2)

By taking stand at hearing on defend-
ant’s motion to suppress evidence seized
from his motel room and van, defendant,
charged with capital murder, subjected
himself to cross-examination on issues rele-
vant to that hearing, and any consent to
searches was relevant to question of wheth-
er evidence should have been suppressed,
and thus no error occurred in requiring
defendant to identify his signatures on two
documents giving permission for searches
and seizures when defendant attempted to
invoke his Fifth Amendment privilege
against self—incrimination. U.S.C.A.Const.
Amend. 5.

4. Searches and Seizures S=7(28)

In prosecution for capital murder,
State carried burden of proving that de-
fendant’s consent to searches was voluntary
and uncoerced, where there was no question
that defendant was legally arrested pursu-
ant to valid warrant, detectives testified at
hearing on motion to suppress that defend-
ant’s written consents to searches were giv-
en freely and voluntarily, and defendant,
who testified that he was not presented
with warrant for searches, was properly
required on cross-examination to identify
his signatures on two documents giving per-
mission for searches and seizures, even
though he attempted to invoke his Fifth
Amendment privilege against self—incrimi-

* nation. U.S.C.A.Const. Amend. 5.

5. Jury <=90

In prosecutior for capital murder, trial
court did not abuse its discretion in denying
defendant’s challenge for cause of prospec-
tive juror, where, although juror had
formed opinion about defendant’s guilt or
innocence, he testified that this would not
affect his decision and that he could be fair
as juror, juror stated that his personal
friendship with police officer who testified
for prosecution would not make him believe
officer’s testimony over that of any other
witness and would not influence his verdict,
but, rather, he could vote impartially after
listening to evidence, and juror testified
that he was not personal friend of investi-
gator who assisted prosecution, but, rather,
he knew him only to extent of knowing who
he was. LSA-C.Cr.P. art. 797(2).

6. Jury <=90

Personal friendship relationship _be-
tween prospective juror and police officer
who testified for prosecution was not with-
in purview of applicable section of statute
governing challenge for cause. LSA-C.
Cr.P. art. 797(3).

7. Jury <=83(3)

In prosecution for capital murder, trial
court correctly found that testimony of pro-
spective juror, who had served as assistant
chief of police for city, who had served 21
years with city police department, but who
had been retired for 16 years at time of
trial, and who had no particular connections
with defendant which would have made
him ineligible to serve as juror, that he
would be fair to both sides in his delibera-
tions, that he would not believe police offi-
cer merely because he was officer and that
he would find defendant not guilty if he
had reasonable doubt in matter showed that
he would be fair and impartial juror, de-
spite his background in police work.

8. Jury <=90

In prosecution for capital murder, trial
court did not abuse its discretion in failing
to grant defendant’s challenge for cause of
prospective juror, whose brother in-law

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was city police officer, who was personally
acquainted with other law enforcement peo-
ple, and who admitted that he would favor
testimony of officer over that of defendant,
where prospective juror stated that rela-
tionship would not influence him, that he
would give believable testimony from stran-
ger equal weight with that of officer, he
would consider testimony as whole, that
policemen can make mistakes and that he
would not exclude testimony contra to that
of policeman.

9. Jury e107

Prospective juror, who admitted that
he would favor testimony of police officer
over that of defendant because officers
were trained observers and had nothing to
gain by giving false testimony, but who
said that he would give believable testimo-
ny from stranger, which he had no reason
to doubt, equal weight with that of officer,
and who agreed that policemen can make
mistakes and said that he would not exclude
testimony contra to that of policeman, was
not unqualified to serve as juror merely
because he regarded policemen as trained
observers, as such did not imply that he
would therefore accept their testimony
without question.

10. Jury <=107

In prosecution for capital murder, trial
court did not abuse its discretion in failing
to grant defendant's challenge for cause of
prospective juror, who thought indictment
was some indication of guilt, who tended to
believe law enforcement officers over lay
witnesses, and who felt that defendant
should testify in his own behalf, where pro-
spective juror responded to court's rehabili-
tating questions correctly and stated that
she could base her decision solely on evi-
dence presented and instructions given by
court, she indicated that she would accept
what court told her regarding weight to be
given to testimony, presumption of inno-
cence, and defendant’s constitutional right
to refuse to testify, and her responses
showed no bias,

388 SOUTHERN REPORTER, 2d SERIES

11. Jury 149

In prosecution for capital murder, no
error occurred in denying defendant’s mo-
tion for mistrial that alleged that juror,
who knew district attorney, had perjured
herself on voir dire by having denied know-
ing anyone who worked in district attor-
ney’s office, because juror had made no
false statement, where she had first been
asked on voir dire if she knew anyone in
law enforcement, and she replied that she
did not know anyone currently with sher-
iff’s department, and she was not asked if
she knew anyone in district attorney’s of-
fice, but only what contact she had had
with that office in connection with theft of
her car, and she replied that deputy took
care of matter and she did not talk to
anyone else at district attorney's office on
that occasion.

12. Witnesses <=240(2)

Even if, in prosecution for capital mur-
der, certain question by State to one of its
witnesses, whom State was trying to
impeach, was leading in that it suggested
phone call had been received, allowing wit-
ness to answer it did not prejudice defend-
ant, and thus trial court did not abuse its
discretion in allowing such question. LSA—
R.S. 15:277, 15:487, 15:488.

13. Criminal Law <=698(1)

In prosecution for capital murder, in
which State attempted to ask one of its
witnesses certain question and trial court
maintained objection on ground that sub-
ject was not covered on cross- examination,
and counsel for State then stated that he
would recall witness and defendant consent-
ed to question, defense counsel, by consent-
ing to questioning, waived his objection.
LSA-R.S. 15:281.

14. Criminal Law e1169.2(4)

In prosecution for capital murder, no
error occurred in allowing allegedly irrele-
vant testimony of certain witness in regard
to relationship between certain woman and
defendant, even though defendant contend-
ed that he was thereby placed in bad moral
light as one who left his wife for another
woman, as fact that both defendant and his

STATE v.
Cite as, La.,

wife also testified about relationship meant
that witness’ testimony did not add any-
thing.

15. Homicide ¢=158(1), 166(10)

In prosecution for capital murder, no
error occurred in admitting witness’ hear-
say testimony that defendant told him he
would kill victim if necessary to get her
money, where statement was unquestiona-
bly voluntary, defendant received pretrial
notice that statement would be used in evi-
dence, and statement was admissible to
prove defendant’s motive and intention, as
it showed defendant’s state of mind imme-
diately prior to murder. LSA-RS. 15:446,
16. Criminal Law ¢=713

In prosecution for capital murder, no
error occurred in denying defendant’s mo-
tion for mistrial when prosecuting attorney
alluded to appeal, where mere use of word
appeal did not have prejudicial effect ar-
gued by defense counsel, remark was not
within those enumerated in applicable stat-
ute as mandating mistrial, and admonition
would have been sufficient, but defense
counsel declined to request one so that he
could not complain of any prejudice result-

ing from its omission. LSA-C.Cr.P. arts.
770, 771, 775.

17. Witnesses <=262

In prosecution for capital murder, in
which defense counsel objected to State be-
ing allowed to recall witness to elicit testi-
mony which exceeded scope of cross—exami-
nation, there was no error in allowing wit-
ness to be recalled and defense counsel
waived his right to further examination of
witness by stating “that’s all we have.”
LSA-C.Cr.P. art. 765(5); LSA-R.S. 15:281.
18. Criminal Law ¢=478(1)

In prosecution for capital murder, no
error occurred in allowing detective to testi-
fy as expert in fingerprint identification,
where detective had been fingerprint offi-
cer for city police department for 18
months, he had worked in development of
latent fingerprints for six years, he had
Specialized in comparison of latent finger-
prints for 14 months prior to trial, he had
attended various special schools, and _ his

BALDWIN La. 667
388 So.2d 664
testimony showed complete familiarity and
knowledge of subject of fingerprint identi-
fication.

19. Criminal Law <=398(1)

In prosecution for capital murder, no
error occurred in admitting into evidence
exhibit, which consisted of photographic en-
largement of latent palm print found on
cigarette lighter at scene of crime and pho-
tographic enlargement of defendant’s palm,
and which enlarged photographs to enable
jury to make visual comparison, where de-
fendant’s contention that enlarged prints
were not best evidence because of distortion
was not substantiated in any particular.

20. Criminal Law =438(8)

A photograph which is otherwise ad-
missible should not be excluded merely be-
cause presented in enlarged form, and it is
only when enlargement misrepresents evi-

dence that such photograph should be ex-
cluded.

21. Criminal Law <=438(4)

In prosecution for capital murder, trial
court did not abuse its discretion in allow-
ing into evidence photographs taken by
State at site where stolen safe was found in
canal, where photographs were taken on
morning of day they were introduced into
evidence, and thus could not have been
made available prior to trial, there was no
evidence of bad faith by State, photographs
were not inflammatory or prejudicial, and
recess to enable defense counsel to examine
photographs prior to their introduction
cured any surprise and eliminated necessity
of their being excluded.

22. Criminal Law ¢=629

In prosecution for capital murder, trial
court did not abuse its discretion in denying
defendant’s motion to exclude testimony by
district attorney, who was called to rebut
inference of immunity to certain witness,
on ground that he did not appear on State’s
original witness list, where State did not
know his presence was necessary until im-
munity issue was raised, and defendant’s
contention that testimony of public figure
created impression of guilt was not justi-

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February 9, 1748. Proces Verbal of ex-
No. 1145. amination of corpse of the wife of Baraca,
Proces verbal of by Surgeon Guedon (“Gueydon”, surgeon
eee! SF eee in chief of the King’s Hospital), in the

presence of Councillor Vincent D’Auber-

ville, Commissioner of the Marine, Second
Councillor of the Superior Council, the chief Clerk of the Coun-
cil, Mr. Raguet, acting Procureur General. She was killed at
the King’s plantation, on the other side of the river, and having
arrived there they found one Millet, steward of said plantation,
who brought them to the negro quarters (“le camp”’) where they
saw the corpse wrapped in a blanket. She was named Taca,
and was the wife of Baraca, slave of the King, who assassinated
her with a billet of wood, according to report made by Flatague,
Commander of the negroes, and by one Laoursa, also a negro
slave of the King. Surgeon Guedon reported a wound in the
form of a cross on the posterior part of the skull, accompanied
by fracture of bones; he noticed that there was much blood in
the brain, and perceived other wounds on her body, which he
affirmed as true. He said that her death was caused by an in-
strument, such as a stick of wood, and ordered the said corpse
to be buried.

Signed: Gueydon; Millet; D’Auberville; Raguet; Henry,
Greffier.

February 10, 1748. Inquiry made by
No. 1146. 8 pp. Nicolas Chauvin de la Freniere, on atition
of J. B. Raguet, acting Procureur General
of the King, against Baraca, slave of the
King:
First appeared René Antoine Millet, a
Testimony of Millet. native of Paris, Parish of Ste. Rose, aged
forty-three years, Steward of the King’s
plantation, who testified that on the night of the eighth to the
ninth of June, he was warned by Flatague, Commander of the
negroes of said plantation, that Taca, wife of Baraca, had just
been assassinated with a billet of wood. He arose immediately,
and seeing that the negress still breathed he sent to the Hospital
of the King for the Surgeon to bleed her, who came; but the
negress having lost consciousness expired shortly afterwards, to-
wards 6 o’clock A. M. Learning that her husband had given her
the blow, he sought to have him seized, which he could not do,
as said negro threw himself into the water (river), whereon he
went to warn Mr. de la Chaise, Guardian of the King’s store, of
the case. Flatague and another negro named L’Ourseau showed
him a firebrand as thick as his arm, with which the deed was
done. He said that his testimony was the truth, and signed:
Millet; la Freniere; Henry, Greffier.

Inquiry against Baraca.

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Records of the Superior Couneil of Louisiana 473

Antoine Flatague, a Slave of the Bam-
‘wiimeny of Flatague, bara nation, Owned by His Majesty, aged
ee . about thirty-five years, a Roman Catholic,
eemMander of the King’s negroes, testified that on the night of
% crime, between eight and nine o’clock, Baraca asked him
@ tobacco and invited him in to smoke a pipe, whereon he went
Wo Baraca’s cabin, who told him that his wife was always run-
“8 (0 see a negro named Mamouroux, though he had forbidden
‘#@0 see him. His wife came in at that instant and said to the
*smander, “Baraca is always beating me because he is jeal-
mae") and turning to Baraca: “Why are YOU angry, since you
**® nothing; why always scold and beat your wife without rea-
fue?" Baraca took a brand from the fire and struck her on the
hited, and she fell, whilst he tried to raise her, telling him, “You
Dave done a fine thing’, and Baraca ran out of the cabin. He
fea after him, with Bary, Guelle, Mainmouroux and Léveillé.
They ran towards the woods with a rope and irons to seize him,
wd coming towards the warehouse they perceived him hidden

Mod the store, and having approached to take him he ran
¥ Wards the river, threw himse

Ved drifting, calling to the Co

wid upbraiding him, After this , i

*'ward of the plantation of What had happened, H
‘testimony was true, and declared that he did not k

Signed: Lafreniere ; Henry, Greffier,

Joseph Loursot (“Lourseau’”), a Ture,
Meimory of Joseph aged forty-eight to fifty years, of the Rom-

eer an Catholie religion, declared that he had

received a citation to testify, which he pro-
Mind He testified that at Sunset he had gone as usual to

MW wea's cabin, where he found his wife Shelling corn. Baraca
etn on the moment and asked for food. On the instant she
some pap, whilst he feigned to eat with

“4 and she continued to shel] corn. He then asked his wife
‘st pipe, who answered that she did not have it and knew

Wt what he did with it. He then said: “Well, give me yours”’,
WW the told him to take it back of the barrel. He took it and
WM turd insulting: his wife. Deponent reproached him and then
eff to bed: later he heard them quarreling, and having
Mh the Commander enter the cabin he returned just in time to see
Mma fell his wife with a blow on her head. He escaped them,
wit Saving taken fopes and irons he and the other negroes ran
MM’ bir. He saw the said Baraca on a drifting log, calling the
ow mander names and daring him to come for him, that they would

RYt

bed s
th Gt tas o

Tuty

“Sithadaiel

PRR ERI Ac aA. Lom muy /nenaiy

Boy
Slave BARACA, hanged for wife murder at New Orleans, La., May, 1748. |
, 5

Records of the Superior Council of Loui

siana 471

February 8. Marriage Contract of Sr. Marin Le Normant
(should be “Lenormand’’), sheriff and

Vol. 3. 31068. crier in the Superior Council, son of Fran-
4480. 414 pp. cols Le Normant and Marguerite Le Bra-
mente, a native of Parish of St. Martin Le
Weminrésonteasi, Blanc, archbishopric of Rouen, on the one

side, and Marie Bret, widow of deceased
Pierre Barry, wher living a caldron-maker of New Orleans, on
the other side.
Signed: Lenormand; Garic, avt.; Chaler; le Kintrek ;
Chantalou; Cantrelle; llenry, notary.
Statement of goods owned by Sieur
Nei as Marin Le Normant (should be “Lenor-
Lesermind’s goods, mand’), consisting of movables, immova-
bles, household goods, which he places in

the community between him and Marie Bret, whose goods have
Seen seen and examined, amounting to

9035 livres; total, 9085
livres.
Signed: Garic; chaler: Chantalou; le Kintrek ; Henry,
golary,
February 8. Deed of Gift, before Notary Royal in the
ian presence of witnesses, by Charles Toutin,
ol. 3. 31075, Of age, son of Jean Toutin and Marguerite
4481. 2 pp. Lamotte, both deceased, co-heir for one
fourth, with Jean, Charles and Marie
Toutin, his brothers and sister. His sister
rod of vift.

is now the wife of Robert Pierre Lemercier,
a harness-maker, and wishing to prove the
friendship he bears her, he has made donation entrevifs,
pure, simple and irrevocable, to her, in the best form that dona-
jon may be made of al] that may come to him in the successions
af his father and mother, ceding and abandoning to her from this

foment his full share, obligating, renouncing, etc. Signed: Le-
pormand; Chantalou; Henry, notary.

February 9, Murder Case against |
the King:
ity pp. Petition to the Superior Council by J. B.

: Raguet, acting as Procureur General of the
Moder case against ig * ‘ ‘
Bereca, negro slave King, for examination of the corpse of a

spi dlaiadas negress killed by one Baraca, her husband,
ition for examination

amin: and for inquiry into the murder. Signed:
# corpse, and inquiry
re murder, Raguet.

saraca, a negro slave of

February 9, 1748. Permit for inquiry be-
fore Councillor de la Freniere, Commis-
sioner on this case: corpse to be examined
im the presence of Councillor D’Auberville, and report made of
mime. Signed: Lenormant.

Melt for inquiry.

OAL AE CEA oe OH HO ORNS ti nat hi

RN 2

iipse

ERR SE

474 The Louisiana Historical Quarterly

die together. They then went to warn Millet, the overseer of
the plantation, of what had happened. His testimony having
been read to him, he maintained that it was the truth, and de-
clared that he could not sign.

Signed: Lafreniere; Henry, Greffier.

Order to submit the foregoing testimony to the Procureur
General of the King. (No signature).

March 9, 1748. Session of the Superior
Council of March 9, 1748, where were pres-
m ; ent MM. de Vaudreuil, Governor; Le Nor-
aguinst Berase: mant, First Councillor; de Noyan, Lieu-

tenant of the King; Mr. de Benac, Major;

D’Auberville, Second Councillor; de la

Freniere and Le Breton, ‘“‘Conseillers asses-
seurs’; Des Closeaux, Commissaire; and Raguet, acting as Pro-
cureur General in the absence of M. Fleuriau, plaintiff and
accuser against Baraca, accused of having assassinated Taca, his
wife. Following petition of Sr. Raguet, examination of corpse,
proces verbal of same, made before M. D’Auberville by Surgeon
Gueydon, inquiry before M. Lafreniere, and conclusions of the
Procureur General, Council has ordered bodily apprehension
and confinement in the prisons of this city, against said Baraca.

Signed: Lenormant; Vaudreuil; D’Auberville; Bobé Des-
closeaux; De Benac; huchet de Kernion; de la lande.

April 15, 1748. Interrogation of Baraca,

No. 1148. 3 pp.

No. 1158: negro owned by the King, before M. La-
aT freniere, accused of having assassinated
sntorrogation of Berets: his wife, Taca, also a slave of the King.

He said he was named Francois, called Ba-

raca, of the Poulav nation, and that he had
been baptised. He said that he had not gone far from the
“desert” of the King and did not leave the woods; that some
Indians near M. Barbin’s plantation fed him and crossed him
over the river near the Barataria Canal, and as it was night he
went into the woods towards the King’s plantation, where he
slept. He saw Lourseau, whom he asked about his children. He
answered that they had given them to negroes to care for. He
said that he was taken in the camp of the King’s cabins, where
he had gone to seek a pirogue to cross the river, and that the
overseer brought him here last night. He said that he was not
quarreling with his wife, but that he was always joking. He
was very friendly with Flatague, but since his wife’s death they
are angry; that he was not jealous.

Order to communicate to the Procureur General of the King,
Signed: Lafreniere.

SARS Eee DP

Asai ge

2th

Metadata

Containers:: Box 17 (2-Documentation of Executions), Folder 20
Resource Type:: Document
Description:: D. C. Bailey executed on 1957-10-11 in Louisiana (LA)
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: June 30, 2019

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