[fol. 9]
IN CIRCUIT COURT OP KEMPER COUNTY
TRANSCRIPT OF EVIDENCE
This cause came on for hearing on a day of this Court held in and for the County of Kemper, State of Mississippi, on the 25th day of March, 1934 at 9:00 o’clock, A. M., in the Court House in the Town of DeKalb, Mississippi, before Judge J. I. Sturdivant and a Jury.
Appearances:
Hon. John C. Stennis, District Attorney, DeKalb, Miss.;
Hon. Sam Graham, Meridian, Mississippi, for the State.
Hon. John A. Clark, DeKalb, Mississippi; Hon. Joe H. Davis, DeKalb, Mississippi; Hon. D. P. Davis, DeKalb, Mississippi; and Hon. L. P. Spinks, DeKalb, Mississippi, for the Defendants.
Mr. BURT STEWART, a witness for the State, after being duly sworn, testified as follows:
Direct Examination.
By Mr. Stennis:
Q. This is Mr. Burt Stewart?
A. Yes, sir.
Q. You live in Meridian, Mississippi, do you not?
A. Yes, sir.
Q. Mr. Raymond Stewart is your deceased brother?
[fol. 10]
A. Yes, sir.
Q. What profession are you engaged in?
A. Architect.
Q. Are you familiar with the floor plan of the house in which it is said that your brother Raymond Stewart was killed?
A. Yes, sir.
Q. Have you made a plat or drawing representing the plan of that house?
A. Yes, sir, this is it.
Q. Is that the correct relative positions of the rooms, porches, steps and so forth?
A. Yes, sir.
Q. Did you make that drawing recently?
A. Last night.
Q. I believe that you didn’t draw the rooms to dimensions?
A. No, I didn’t have the size of the rooms.
Mr. Stennis: We would like to introduce this as exhibit to the testimony of Mr. Stewart. (Marked Exhibit “A”.)
The Court: Is there any objection to this?
Mr. Spinks: I don’t see any objection to it.
(Clerk here copy.)
(Witness dismissed.)
Mr. WILLIAM ADAMS, a witness for the State, after being duly sworn, testified as follows:
Direct examination.
By Mr. Stennis:
Q. Your name is William Adams?
A. Yes, sir.
Q. Where do you live?
A. Six miles east of Scooba in the Giles community.
Q. How far is that from the place where Mr. Raymond
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Stewart formerly lived?
A. I think it is about 100 yards.
Q. Did you know Mr. Stewart during his life time?
A. Yes, sir.
Q. Now, Mr. Adams, on Friday of last week, state whether or not you went to Mr. Stewart’s house, and if so, about what time and what you found there.
A. It was right after dinner; I had eaten, and it was somewhere between 12:00 and 1 :00, or 12:00 and 1 :30. On going there I had a negro with me, Ellis Giles, He came to the store and said he heard a noise over there and wanted me to investigate it. On going to the seed room, it sounded like—
Mr. Clark: We object to that.
The Court: Sustained.
Q. I asked you if you went to the house and what you found there.
A. On going to the door, I opened the door and noticed a form lying down on the [flood], some human being. I couldn’t tell right at that time what it was; of course I imagined it was Mr. Raymond. It was dark in the room, and I went back into his room to get a light. I found a lantern on the mantel and lit it and brought it back and put it close to him. I first called him three or, four times to see it I could rouse him, but he didn’t reply. He was breathing hard and seemed to be unconscious. I found a stick there and put it in the door so he could get air and sent the boy to my father’s house. In the [meantion] I met him about half way and told him to go for a Doctor. After I had sent for the Doctor—
Q. Wait a minute. Have you seen this plat here?
A. Yes, sir.
Q. Now, Mr. Adams, using this plat here as a guide, stand up here and indicate to the jury just where it was that you say you found Mr. Stewart’s body:
A. Right in this room right here by this door, on his
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back with his feet against the door.
Q. You said something about pushing the door open, which one was it?
A. Right there.
Q. That was where you found the body?
A. Yes, sir.
Q. Tell us what was in that room.
A. There was cotton seed and a molasses barrel right here where the door opened.
Q. What was this space out there?
A. It was a little hallway.
Q. What else did you see in that room?
A. There was a [tood] chest here, and it was open and a pair of trays were laying on top of the chest. All along the wall next to the door there was blood and blood was sprinkled in the tool chest. By this door going out to the back door there was bits of glass like a lamp chimney.
Q. What was it you said about a stick?
A. One was laying here somewhere. It was about five feet long and about an inch and a half thick.
Q. Was that a round stick?
A. Yes, sir; it was kind of rough.
Q. Did you see any signs on that stick?
A. I didn’t notice anything on it.
Q. What door are you talking about finding it near?
A. The closet door that opened here.
Q. Which room was it that you went back to?
A. This room.
Q. What did you find in there?
A. His shoes were lying between the bed and the table.
Q. What was the condition of the bed in there?
A. It was just as if someone had been sleeping in it; it hadn’t been made up.
Q. What else did you notice in there?
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A. I noticed nothing except the shoes on the floor.
Q. Did you notice any glasses in there?
A. They were on the table.
Q. Going back to the place where you found the body, you say that he was breathing then?
A. Yes, sir.
Q. How long did you stay there with him?
A. Until the Doctor came, I think in about 30 minutes.
Q. What had happened between the time you got there and the time the Doctor came?
A. He was breathing and knocking against the door, and before the Doctor came he ceased making any noise and ceased breathing.
Q. State whether or not he died.
A. He did. I didn’t go in the room, but he evidently died.
Q. This knocking that you heard, what was that?
A. He was laying on his back with his feet against the door, and that kept the door closed. He was knocking on the door with his feet. He would slide down and knock against the door again.
Q. What about the cotton see[d] pile in there?
A. It was high at the back of the room and slanted down toward the door.
Q. How was he clad?
A. In his shirt and underwear; he had a blue shirt.
Q. You didn’t make any examination of the body further than that?
A. No, sir.
Q. In what County and State was this house and place where you found the body?
A. Kemper County, State of Mississippi.
Q. You said something about a tool chest there; did you notice anything on the tool chest?
A. There was blood in the tool chest, and a pair of drawers was lying on it.
Q. Did you notice anything about the lock to the tool chest?
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A. I can’t recall; I didn’t notice the lock.
Q. Did you notice anything about any particular tool there?
A. A chisel was laying on the tool che[x]t to the left hand side of it as you looked at the front of it.
Q. What kind of chisel was that?
A. It was a wood chisel, and it had a little blood smeared over it on the handle and the blade.
Q. It had a wooden handle?
A. Yes, sir.
Q. Did you stay there until Dr. Wall arrived?
A. Yes, sir. By that time a good many people were there.
Q. From the observation that you did make, what was the condition of Mr. Stewart’s body and clothes?
A. From what I saw of him from the light of the lantern, blood almost completely covered his face, with cotton seed stuck on his face. His face looked like it was swollen. That was about all I noticed except there was blood on the seed and where he was laying. That is about all I noticed. I just glanced in there after I got a light. After I opened a window I just glanced in there.
Cross-examination.
By Mr. Clark:
Q. What was the name of the negro that gave the alarm?
A. Ellis Giles.
Q. He lived on your place or Mr. Stewart’s place?
A. Mr. Stewart’s.
Q. Is Ellis Giles here today, or do you know?
A. I don’t know.
(Witness dismissed.)
Mr. DAVE OWEN, a witness for the State, after being duly sworn, testified as follows:
[fol. 15]
Direct examination.
By Mr. Stennis:
Q. This is Mr. Dave Owen?
A. Yes, sir.
Q. Where do you live, Mr. Owen, with reference to where Mr. Raymond Stewart lived? Did you live near there?
A. Yes, sir.
Q. On last Friday, did you go to Mr. Stewart’s house about mid-day or a little past?
A. Yes, sir.
Q. Did you see young William Adams there?
A. Yes, sir.
Q. Tell us what you found there?
A. When I went there, William works there, and a good many negroes was there. Just after I got there, me and my father and brother, Mr. McDade and his boy come.
Q. Did you go in the house?
A. Yes, sir.
Q. Tell us what you found there.
A. I went in the house, and there was a tool box sitting right by the door to the seed room. The door was opened kind of like this, and the tool box was open. There was blood all in it. William said that the standard was laying in the hall and —
Mr. Clark, We object to that.
The Court: Sustained.
Q. Tell what you saw there.
A. The tool box was open, and there was blood all in it and all against the wall.
Q. The standard that you spoke of seeing, what size was it?
A. I reckon it was an inch and a half through in diameter, and 4 or 5 feet long.
Q. Were there any took in that tool box?
A. Yes, sir.
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Q. Did you notice any one particular tool there?
A. Yes, sir, a chisel.
Q. What kind of chisel was that?
A. A wood chisel.
Q. What did you notice about it?
A. It had blood on it.
Q. What did you notice about this door here?
A. It was open kind of like this, and this stick was stuck in it.
Q. Did you go into this room where the stick was in the door?
A. Yes, sir.
Q. Tell us what you found there ?
A. My father and brother and Mr. McDade prized the door open so I could get in. I was the smallest and I squeezed in and when I got in I found his feet against the door. I squeezed in and moved his feet so they could open the door. I moved his legs and feet. He was breathing hard then, but he died after I got in there. I was looking at him and he died right then. I reckon he was dying when I got in.
Q. How was he clad?
A. In his shirt and his underclothes.
Q. What was the condition of his face and head?
A. It was all blotted up with blood.
Q. Did you see any signs on the cotton seed or anything like that?
A. His shirt was scorched a little, and a lamp wa[y] laying over there; and the burner was a few feet from it.
Q. Where was the lamp?
A. Over against the wall.
Q. In the same room with the body?
A. Yes, sir.
Q. Where was the burner?
A. It was about four feet from the lamp.
Q. What was that you said about his shirt?
A. It was kind of scorched.
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Q. Where?
A. On the right shoulder.
Q. Was there any odor coming from the surroundings there? Did you smell any kind of oil there?
A. Well, I never paid any attention to that.
Q. You didn’t get down and make an examination of the body?
A. No, sir. The only thing I done was to move his legs so I could open the door.
Q. What, if anything, did you notice about the tool-chest besides what you have told?
A. It was open and there was blood in it.
Q. What about the keys to the chest?
A. The keys was hanging in the lock.
Q. Do you have those keys with you now?
A. I got the keys here in my pocket.
Q. Let’s see them.
A. I reckon these are the keys; they are the ones you all gave to me a while ago.
Q. Show the jury how they were hanging.
A. I don’t know whether it was a bunch of keys or not.
Mr. Clark: You say you don’t know whether those are the keys?
A. No, Sir.
Mr. Clark: Then we object to this.
Q. State whether or not it was a bunch of keys.
A. They was hanging in the lock.
Q. How many keys were hanging in the lock?
A. I never paid any attention to that.
Q. What kind of lock was that?
A. One of these silver looking locks.
Q. Did you take the keys out?
A. No, sir, I never touched them.
Q. Were you there when Dr. Wall came?
A. No, sir.
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Cross-examination.
By Mr. Clark:
Q. When you were talking about that standard, did you mean one of these up-right pieces that go in a hay frame?
A. Something like that; it was in the door.
Q. Was it sharpened on one end or both ends?
A. I never paid any attention to that.
Q. What kind of timber was it?
A. It looked like ash to me.
Q. Did you see any blood on it?
A. No, sir, I never did examine that close.
Q. You didn’t examine the body for any wounds?
A. No, sir. I just moved his feet so I could open the door.
(Witness dismissed.)
Dr. WALL, a witness for the State, after being duly sworn, testified as follows:
Direct examination.
By Mr. Stennis:
Q. This is Dr. Wall?
A. Yes, sir.
Q. You live in Scooba?
A. Yes, sir.
Q. Are you licensed to practice medicine in the State of Mississippi?
A. Yes, sir.
Q. How long have you been practicing medicine?
A. About 25 years.
Q. Doctor, on last Friday, did you go to the home of Mr. Raymond Stewart?
A: Yes, sir.
Q. Did you make an examination there of Mr. Stewart’s body?
A. Yes, sir.
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Q. Doctor, going somewhat into detail give the jury here the benefit of your observations and your examination of Mr. Stewart’s body.
A. I was in company with Mr. T. H. Nicholson; he is the marshal[l] Scooba. We went in the back door, and in this little hallway where the killing was consumated there was broken pieces of a lamp chimney on the floor. The way my attention was attracted to that was that I stepped on a piece and broke it.
Q. Point out on this plat how you entered when you went in the house, please, sir.
A. We went in on these steps here.
Q. That is kind of on the side of the house?
A. Yes, sir. We went in this little hallway right here.
Q. Where was it that you observed the glass?
A. Back to the left there, and the next thing I observed was a chisel. The tool chest was open, and the trays were in it, and this chisel was laid across on top of the trays. The chisel was bloody from one end to the other. There was blood all over the tool box, but in this corner over here was a big puddle of blood. Then Mr. Nicholson and I—I don’t, know which went first, but he or I tried to get in the door but the door was closed and we had to push and force on it to get it open. Cottonseed was piled against the door. Mr. Stewart’s feet were down against the door from the inside, and we went in this way. The body was laying something about like that. The bowl of a lamp was about a foot and a half away, and it was covered with blood. It was the bowl of the lamp they had had in the hallway. The burner was a little closer to the body. The whole wick, the upper part and the lower part, showed that it had been on fire. I noticed that the cottonseed was scorched. Some of the gentlemen told me—
Q. Don’t tell that.
A. He was dead when I got there.
Q. How long had he been dead when you arrived there?
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A. From 15 minutes to a half hour. I got there about 1:15, and I didn’t touch the body except to feel the pulse. Afterwards I examined him when he was brought out.
Q. Did you notice anything about the condition of his shirt, not with reference to blood as to whether there were any other signs on it?
A. I noticed it was burned and scorched.
Q. Whereabouts?
A. I don’t know whether it was on the right or left side; it was around his chest.
Q. Did you make a complete examination of Mr. Stewart’s body later?
A. Yes, sir, in connection with Dr. Cooper.
Q. Tell what your findings were; you may refer to your memorandum there.
A. Dr. Cooper made the examination, and he suggested at the time that I make a note of the findings as we went along. We found an [intused] bruise or wound on the right shoulder. There was an almost perfect imprint there of what looked to us like—
Mr. Clark: We object to what it looked like.
Q. Just describe the appearance of the wound.
A. It could have been done by an ordinary ax or a heavy club. It was just about that long, right in here. The collar bone was broken, and the shoulder joint was [bursted] all to pieces. On this arm, the bones were cracking when we went to move him. That was due to a direct blow; it may have been aimed at his head, but that is where it hit, on the right shoulder. On account of his not dying and the circulation keeping up for some hours after he was struck there was some contusion and blueness extending from that point up the side of his neck. I noted also that the skin was off his right cheek. I attributed that possibly to a burn and blister and in struggling on the cotton seed the skin over the blister might have been rubbed off. We found a number of fractures of the skull, possibly 4 or 5, and a
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contused wound on the head also.
Q. Tell where those were.
A. Right back of the left ear there was a wound; you might say it was a puncture there. Dr. Cooper ran both fingers down to the skull and told me to examine it also. I ran my two fingers in that place, and there was a fracture of the skull there.
Q. Indicate to the jury just where that was.
A. At just about that point. Then there were two cut wounds behind the left ear and fractures also. There was also a deep cut wound in front o[-] the left ear that you could run your finger in plumb down to the bone. In the top of his head the bones were beat to jelly and there were cut wounds in there you could run your finger in. When we first observed Mr. Stewart laying there, there was blood caked all over his face; you wouldn’t know who he was. There was no way to identify him then.
Q. After that was partly removed, did you identify it as being the body of Mr. Stewart?
A. Yes, sir.
Q. Doctor, I believe you told us where that lamp bowl was, but you didn’t tell us what was on it
A. It was in a little cotton seed room, in there with Mr. Stewart’s body. Cottonseed had been thrown in the room, and the highest part was up there and it was sloping on down toward the door. There may have been several that handled the body. It was thrown well u[s] in there, and in struggling it eased down against the door. The bowl of the lamp was covered with blood and was laying possibly a foot and a half from his body. This burner from the lamp was possibly 7 or 8 inches or a foot from his body. We also noticed that the wick from this lamp evidently had been unscrewed and thrown in there, either on the body or close by, and it was burned all over. Both ends of the wick showed they were charred.
Q. What kind of odor was there where you found the body?
[fol. 22]
A. Coal oil predominated; you could notice that perceptibly.
Q. Did you say anything about the chisel?
A. There was a chisel laying crossways on the little rack in the tool chest.
Q. Did you notice anything on it?
A. Yes, sir, it was covered with blood, the handle and blade both.
Q. Did you see anything of a stick there?
A. I saw a wagon standard, but I don’t remember whether it was in the hallway or the back gallery.
Q. From your examination and opinion, did these wound or any of them cause Mr. Stewart’s death?
A. Yes, sir. Any of them except the wound on his shoulder could have caused his death.
Cross-examination.
By Mr. Clark:
Q. Doctor, who called you to the scene?
A. Mr. Luten Adams.
Q. Who was there when you arrived on the scene?
A. I remember Mr. T. H. Nicholson being there.
Q. Did he go there with you?
A. I don’t think he did.
Q. Did you see young Mr. Owen there?
A. Mr. Dave Owen was there, and Mr. Will Adams, and young Mr. William Adams.
(Witness dismissed.)
Dr. I. W. Coons, a witness for the State, after being duly sworn, testified as follows:
Direct examination.
By Mr. Graham:
Q. You are Mr. I. W. Cooper?
A. Yes, sir.
[fol. 23]
Q. Doctor, did you have occasion to visit the home of Mr. Raymond Stewart on Friday of last week?
A. Yes sir.
Q. Did you have an opportunity to see and examine his body?
A. We did, yes, sir.
Q. Tell the jury, please, sir, just what condition you found Mr. Raymond Stewart’s body in.
A. When we got there, we found Mr. Stewart in the cotton seed room. The cotton seed were on an incline, and his feet was down against the door. When we got there, we determined to make fingerprints off the lamp. When they finished, we brought him out in the bed room and there Dr. Wall and I examined him. His face was all bloody and swollen. His right shoulder and his collarbone were fractured. He had two fractures of the skull where some blunt instrument drove the bone in. Back of his left ear he was cut to the bone and through the bone. He was cut on the left jaw bone, and there were numerous cuts over his head and on his face and shoulder. We searched carefully for any gun shot wounds and did not find any over his body.
Q. Doctor, did you go in the cotton seed room?
A. Yes, sir.
Q. What odor, if any, did you detect there?
A. Coal oil.
Q. Did you see any indication of the use of coal oil in there?
A. The detective had a lamp and a burner.
Q. What signs of blood, if any, did you see?
A. There was blood on the tool box and on the chisel and all around the hall where the box was.
Q. What about the wound that you examined on the head of Mr. Stewart, was it sufficient to cause his death?
A. I think any one of five wounds on him would have caused his death.
Cross-examination.
[fol. 24]
By Mr. Clark:
Q. When did you arrive on the scene?
A. About 4:15 or 4:30.
Q. You drove from Meridian?
A. Yes, sir. I brought Mr. and Mrs. Stewart up.
Q. Doctor, did you say a while ago that you went for the purpose of taking finger prints?
A. No, sir. I said a detective was taking them when I got there.
Q. The body was still in the seed room?
A. Yes, sir.
Q. Dr. Wall was present there?
A. Yes, sir. When I got there, I asked if they had a physician present, and they said he was there and I went and met him and we came on in.
(Witness dismissed.)
Mr. HENRY LAVENDER, a witness for the State, after being duly sworn, testified as follows:
Direct examination.
By Mr. Stennis:
Q. This is Mr. Henry Lavender?
A. Yes, sir.
Q. You live in this County over near where Mr. Raymond Stewart did live?
A. Yes, sir, 4 miles from him.
Q. After Mr. Stewart’s death, were you making an investigation or assisting in making an investigation into the cause of his death?
A. Yes, sir.
Q. Tell whether or not you went to the house of one of the Defendants here, Henry Shields?
A. Yes, sir.
Q. Don’t tell what it was, hut did you receive any information?
[fol. 25]
A. Yes, sir. We got information there was something down there and we went to make an investigation to see what we would find.
Q. Tell what you found there.
A. We went on down there to his house. We went by Mrs. Ethridge’s and asked could we make an investigation. She told us to go and if we needed to [to] go ahead and break in. We went to the window and shook it and it came open. We went in the house and opened the door and found a pair of shoes by the door where it looked like a bench had been pulled up there and the shoes pulled off. I spoke—
Q. Tell what you did there.
A. We went and turned up the bed and looked under the bed and couldn’t find nothing. We got in the kitchen, and there was a pen built in the corner of the house about three feet high. We seen a pile of clothes in there and looked in them and down about that deep in the clothes we found a jumper. We pulled it out and seen [grey] hairs on it. I said: “Don’t you reckon this is hog hair”? We taken it to the light, and they said: “No, this is human.” We spread it out and looked and found blood on the jumper in the front of both arms and also all over the back, and there was some slobber on the back and gray hairs. That was where they had hit him on the head, I suppose, and knocked the hair out.
Q. You observed hair of what color there?
A. Gray.
Q. State whether or not in your opinion it was human hair.
A. It was.
Q. Do you know Mr. Raymond Stewart?
A. Yes, sir.
Q. What was the color of his hair?
A. It was gray.
Q. Go ahead and tell about the jumper. Do you know the defendant Henry Shields?
[fol. 26]
A. Yes, sir.
Q. This was at his house?
A. Yes, sir. That is the jumper that we found.
Q. Is this in the same condition that it was when you found it?
A. Yes, sir, only some of the blood has been rubbed off, it looks like. You can see the stain of the blood here and here and all over the sleeve here, and it looks like someone tore a place there. You could tell it was a fresh tear, and also here.
Q. Was it torn that way when you found it?
A. Yes, sir.
Q. How about these overalls?
A. I don’t know anything about them. After we found this jumper I said that we had better carry this with us.
Mr. Clark: We object to that.
The Court: Sustained.
Q. Did you later make a further search of the house or premises?
A. Yes, sir. I went up there a second time; I had heard there was an ax in the house. I went and looked in the house, and it was not there. Then I went out to the wood pile and got to looking and found the ax in the wood pile with two sticks of wood over it like that, and the handle was sticking out about that way.
Q. About how far?
A. About four inches. I picked the ax up like this and laid it on a stick of wood and looked on it and found blood. The ax looked like it had been freshly washed; you can see on top there the rust where it was freshly washed. It looks like it failed to wash off there; you can take it and see for yourself.
Q. Wait a minute. At the time you found it, state whether or not the blood on it appeared to be fresh blood.
A. Yes, sir.
Mr. Stennis: We would like to introduce this coat and ax as Exhibits to the testimony of Mr. Lavender.
The Court: All right.
[fol. 27]
Q. After you had found these articles, did you have a conversation with the defendant [h-re] Henry Shields?
A. I haven’t had any conversation with him at all.
(Witness dismissed.)
Mr. J. H. ADCOCK, a witness for the State, after being duly sworn, testified as follows:
Direct examination.
By Mr. Stennis:
Q: You are the Sheriff of this County?
A. Yes, sir.
Q. Do you know these defendants here?
A. Yes, sir, since I have seen them the last few days.
Q. Point out to us which is which.
A. As they sit, the one on the right is Yank Ellington, the next one is Henry Shields and the last one is Ed Brown.
Q. Did you know them before this matter came up?
A. No, sir, I never saw them that I know of.
Q. Mr. Adcock, down in the Meridian jail last Monday afternoon or night, did you have a conversation with either one of these defendants concerning the death of Mr. Raymond Stewart?
A. Yes, sir.
Mr. Spinks: We suggest that this examination be had out of the presence of the jury.
(The jury retires.)
Q. Mr. Adcock, I believe you said you had a conversation with all three defendants last Monday afternoon or night?
A. Night, I think.
Q. Now, before you talked to these boys, tell whether or not you told them who you were and what else you told them.
A. Well, I talked to them separately. I told them that I wanted them to tell me the truth about that tragedy over
[fol. 28]
there, that I was the Sheriff. Mr. Creekmore was present, and he was a Deputy and that all the other men were officers trying to save them from any harm or danger outside, and that was the reason that all of them were there then. I said: “Go on and tell the truth about this thing; no harm can come to you here.”
Q. When you talked to them there, state whether or not you told them whether they must talk or they could leave off talking.
A. No, sir. I only insisted on them telling the truth. I told them to tell the truth and the whole truth regardless of who it might hurt or help.
Q. Did you offer them anything to tell it, or did you make any kind of promise of immunity to them?
A. No, sir. I told them that I couldn’t promise them anything at all. I asked this boy Ellington how he got to Meridian, and he said they took him by Livingston, and I asked him if he knew what that was for.
Q. Did you promise him any immunity from the consequences of whatever he had done?
A. No, sir. I told them I couldn’t promise them anything.
Q. Was there anything said by you or them either that they would be responsible for whatever they would say?
A. Yes, sir, I don’t know at just what stage that was said, but it was said sometime during the conversation.
Q. Was there any kind of force, threats or intimidation used by you or any one there before they started to make a statement?
A. None whatever. I spoke to them separately, but I was as kind as knew how to be.
Q. Did they make any complaint about being questioned?
A. No, sir.
Q. What expressions did they make with regard to your treatment of them?
A. They seemed to be satisfied, and one or possibly more said that we dealt very kindly with them. They said to me that I didn’t even look like I was mad.
[fol. 29]
Q. What did they say about feeling better after making the confessions?
A. After making the confessions or statements, and they were practically agreed on their statements, this Ellington said that he felt much better. I said: “You told the truth?” and he said: “Yes, sir.” I said: “Any man does feel better when he tells the truth.’’ One of them asked for a cigarette, and I asked Brown, “How about you: How do you feel?” and he said: “ Yes, sir, I feel much better.” They said: “You white folks treated us mighty nice.” I said: “You made this statement freely and without threats?” and they said: “Yes.” When they finally agreed on it, I said: “This is the truth?” and they said it was. I said: “Are you willing to tell this anywhere?” and they said they were. We told them that we wanted them to tell the truth. I said: “Was there anybody else in the plot!” and they said there nobody else in it. I said: “There was no other person, colored or white, in it?” and they said: ‘‘No, sir.’’
Q. Today have either one of these boys said anything to you about what they told you in the jail being the truth?
A. Yes, sir.
Q. What did they say to you today?
A. Two of them said to me that what they told me was exactly the truth.
Q. Which two was that?
A. Ellington and Brown.
Q: Who was present at this conversation in Meridian on Monday night?
A. Myself, Mr. Creekmore, Mr. Stevens, the Sheriff, and his brother who is a minister, Mr. Keever, Mr. Ford Vance and Mr. Parker, the jailer, Mr. McGee, Mr. Shannon and another young man called Bill.
Cross-examination.
By Mr. Clark:
Q. Mr. Adcock, did you warn each one of these boys be-
[fol. 30]
fore they made any sort of admission of guilt that what they might say might be used against them?
A. I don’t think that I expressed it in that sense. I said to them that I couldn’t promise them anything. I told them I wanted them to tell the truth, and I said I thought they ought to tell the truth. I said: “We have tried to save you from any harm up until now, and we have got you here where we think you are safe.” I asked them if they understood what the law might do to a man that did this and asked if they knew they might hang for this crime, and they said they did.
Q. Did you make that statement to them at the beginning?
A. Yes, sir, it was before we got them all together.
Q. Did you make any kind of threats against them?
A. None whatever.
Q. You didn’t threaten to use any sort of force against them?
A. No, sir.
Q. Did any of the other parties present that you named a moment ago have a gun displayed there or a strap or any sort of weapon?
A. No, sir.
Q. Was Mr. Cliff Dial there when the confession was made?
A. No, sir.
Q. Did these boys or either one of them make any complaint to you before they made the confessions that they were laboring under a severe mental strain or fear?
A. No, sir, they seemed to be perfectly all right.
Q. And you say that this confession they made to you was free and voluntary on their part?
A. It had every appearance of being free and voluntary.
Q. Did they undertake to narrate what happened, or did they make answers to questions asked them?
A. Well, at first it looked like they were holding back, and they refused to make a complete statement. I told them this when they would say something; I would say: “No, that is unreasonable and it doesn’t smack with rea-
[fol. 31]
son.”
Q. Did that happen before they made the statement or during the course of the statement?
A. During the early part of the questioning.
Q. Did they, during that questioning, undertake to tell in their own words in a narrative form, just what happened?
A. Yes, sir.
Q. Each of them did that?
A. Yes, sir.
Q. I believe that you said in the beginning you explained to them that they might hang for it; you asked them if they knew they might hang for it?
A. I asked them if they knew the law was such if they were found guilty of that crime, if they were convicted, they would possibly hang for it, and they said they knew that.
Q. Do you know whether these boys had made a confession prior to that time, prior to making the confession to you?
A. I don’t know; I had heard that.
Q. Did they make any complaint to you about that?
A. I don’t think they said anything about a confession. One of the boys, Shields I believe, came in limping, and he kind of got on the box easy and looked like he was excited. I said: “Henry, sit on that box,” and he said: “I can’t; they strapped me pretty hard.” I said: “Make yourself comfortable; nobody is going to hurt you at all. All of us are here for your protection.”
Q. Did you understand that the confession that he had already made was brought about by putting him on a box and using a strap on him?
A. I didn’t understand anything about how it might have happened, but he stated that he couldn’t sit down.
Q. He didn’t tell you whether he confessed or not on account of that?
A. No, sir, I didn’t ask him anything about that.
[fol. 32]
Q. You don’t know whether he had confessed or not, but you had heard that he had?
A. I had heard it.
Q. But you don’t know under what circumstances?
A: No, sir.
The Court: I think the confession is admissible.
Mr. Clark: We object to it, and except to the ruling of the Court.
(The jury returns.)
Examination by Mr. Stennis:
Q. Now, Mr. Adcock, you said a few minutes ago before the jury retired that these defendants made a statement to you in the Meridian jail last Monday night with reference to the death of Mr. Stewart?
A. Yes, sir.
Q. Was there any kind of threats or intimidation of these defendants at that time?
A. No, sir.
Q. Was there any kind of promise of reward or immunity held out to them?
A. No, sir.
Q. Tell who was present the best that you remember when the statements were made.
A. Mr. Creekmore, my deputy, went with me. Mr. Stevens and several of his deputies were there, Mr. Ford, Mr. Dick Keever, Mr. Parker, Mr. Shannon, and I don’t know the other deputies, and Mr. McGee, the jailer, and Rev. Eugene Stevens, brother of the Sheriff.
Q. Did you talk to all of them or one at a time?
A. One at a time; Henry Shields was first.
Q. Did you talk to him by himself ?
A. Yes, sir.
Q. Did you talk to the next one alone?
[fol. 33]
A. Yes, sir.
Q. Which one was that?
A. Ed Brown.
Q. Then the last one you talked to was Yank Ellington?
A. Yes, sir.
Q. After that you talked to them all together?
A. Yes, sir, we brought all three together after that.
Q. Tell what, if anything, these defendants said at that time when all three were there together in the presence of these other gentlemen and yourself about their connection, if any, with Mr. Stewart’s death. Take first what Brown said to you.
A. I would rather take them like I talked to them.
Q. All right.
A. Henry Shields said they met somewhere down the road on that day, which was Thursday.
Q. You are relating the conversation when all three were together?
A. Yes, sir, I would like to make this statement. I questioned them separately and then brought them together and asked for a statement, and all of them made this statement there together.
Q. That is the time that you are testifying about now?
A. Yes, sir. Henry Shields said they met that afternoon some time down the road; he didn’t undertake to say just where. These boys, Ellington and Brown, told him they were going to kill Mr. Stewart for some money that he owed them for cotton checks, that he wouldn’t give them the money, and they were going to have it and they wanted him to help kill him. He agreed to help them, and they were to meet about midnight down at Ed Brown’s house. They did meet down there at Ed Brown’s house and talked the matter over and left and went to Mr. Stewart’s. Henry Shields and Ellington went directly to the west end of the house by the chimney and the door to the bedroom where Mr. Stewart was sleeping.
Q. You say that they said Ellington and Henry Shields
[fol. 34]
went in the residence by an entrance near the bedroom?
A. It is right by the chimney, and there is a door there and the steps come up into the bedroom. I asked them about the bed, and they said it was over in the corner of the room, and they could see his form in the bed. Ellington said that Henry hit the first lick with a stick[.], and Henry said Ellington hit the first lick. Each one said the other made entrance to the room first. Mr. Stewart jumper up or undertook to get up, Ellington said, after the lick with the stick; he jumped up and Shields hit him [a]ith an ax. He jumped up and said something; they never did tell exactly what he said. He undertook to go out the door into the hallway, and Shields struck a match and give it to him and told him to light a lamp.
Q. Who did that?
A. Shields. Ellington said that about Shields, and Ellington said Shields hit him with an ax and struck a match and told him to light a lamp, and he followed him on in the hall-way, and Shields hit him again with the ax, and he run after him with the light. Mr. Stewart started out the end of the hall into another little entrance, I call it the back hall, and he met this Ed Brown. He went around the house and came in the back and was in the hall-way and had torn open a chest and had secured a foot-ax, and he said he hit him with that.
Q. Who did?
A. Ed Brown. Shields said Yank hit him with the stick again and knocked the lamp chimney off. About that time he fell against the tool chest. When Ed Brown hit him he fell. Ellington said he hit him one or possibly two licks with a chisel, a wood chisel with a wood handle about 8 inches long. I saw that chisel there myself. I asked them if they hit him any more after he fell, and they said they didn’t. Shields said Ed Brown took the lamp and went in the house, and he had the keys and unlocked the safe and
[fol. 35]
looked in there and in the closet and all around for money, but he didn’t find any money. He came back there, and Ellington and Shields put the body in the cotton seed room. The door was right at the end of the tool chest where the body fell across it. He said he got down under the man’s arms and pulled him up, and his head was somewhere near—
Q. Who did that?
A. Shields did that. He said that himself, that he pulled him up and his head was right about there. He had his arms under the other man’s arms, and Ellington took him by the body or legs and he pushed the door open and dumped him on the pile. Shields said Ed Brown took the lamp after he didn’t find any money and poured the oil around Mr. Stewart and on him and on the cotton seed. He threw the lighted wick down there, and said he was going to burn him and the house up. Then they all left there. Brown told us—he was the next man we talked to—he told us they entered into the plot that afternoon, and that they came to his house that night and called him out and they had an understanding before they left there. They went up there, and he said two men went in the end door, and one in the side door.
Q. What purpose did he say they went for?
A. Ellington and Brown said they went to get money, and Shields said they complained about not getting their cotton checks, and if he would go with them to get the money, they would give him $12.00 each. I asked him what he was to do up there, and he said he was to watch and hold the light, but he was to get $12.00 apiece, which would be $24.00.
Q. Go on with Brown’s statement.
A. He said they all agreed sometime in the afternoon in the road to meet at Ed’s house that night, and that is where they met. Around 12:00 o’clock, they rode by there; he had it all the way from 12:00 to 2:00 o’clock. He agreed that they all went there and Ellington and Shields went in the end and into the bed room, and Brown went in the back waited with the foot ax.
[fol. 36]
Q. That is what Brown said?
A. Yes, sir. He said he didn’t know what happened when they got in the room, but he waited until they got out. He said Shields hit him with the ax in the big hall-way, and he was waiting there and when he came out there, he hit him with the foot—ax and he fell.
Q. That is what Brown said?
A. Yes, sir, when all of them were present.
Q. Tell us what else Brown said about it.
A. Brown said that Henry and Ellington put his body in this room, and that Henry Shields poured oil on Mr. Stewart and around him and on the cotton seed, and tried to set it on fire. They left there then.
Q. Did you ask him what he did with the foot-ax?
A. He said he tried to throw it in the well, and he thought he did. He said it was dark out there, and I asked him if the well had a top on it, and he said it didn’t. There was a frame on it, but it had an open sp[ca]er in it about two feet by three feet.
Q. Is that a well or a cistern?
A. I would call it a cistern.
Q. What, if anything, did Ed Brown say about what they did with the stick.
A. No, sir, he didn’t say.
Q. Did he say anything about the lamp chimney?
A. He said it was knocked off in the scuffle somewhere there on the back porch. I asked him about that. I saw a piece of it there myself.
Q. What did Brown say that he did after he was struck there in the hall-way near the too[d] chest. I believe you said that Brown said Shields was the one who put the oil out?
A. Yes, sir. Brown never said anything about going in the house looking for any money but he said Shields and Ellington carried the body in the seed room, and Shields
fol. 37]
poured oil on and around him, and was going to burn it up.
Q. Brown didn’t say anything about finding any money?— They all said they didn’t find any money. I said: “You found some in his pants pocket?”, and they said: “No, sir. We didn’t find a thing but a penny and a pocket knife.” I said: “You got a dollar or two, didn’t you?”, and they said: “No, he didn’t have a dime.” I said you threw the pants on the tool chest, and he said: Yes, sir.” I said: “What did’ you do with the penny and the pocket knife?”, and he said: “I don’t know.” I said: “what kind of knife was that?”, and he said it was a long black handled knife. I said: “ Have you ever seen that before?”, and he said: “Yes, sir, I seen it at Mr. Stewart’s.”
Q. You had the knife there then?
A. Yes, sir. It had three blades, one long sharp blade. I said : “Do you think that you would know it now?”, and he said: “Yes, sir.” I pulled the knife out, and he said: “That is the knife.”
Q. Where had you gotten that knife that you had there?
A. Somebody gave it to me that afternoon.
Q. At Mr. Stewart’s home?
A. Yes, sir. Possibl[e] it was Mr. Howard Nicholson.
Q. What, if anything, was said about an ax by either one of the parties there?
A. Ellington and Brown said Henry Shields had the ax that evening and that night when he came up there. They said he carried it to the house and went in the room with it. Ellington said Henry hit the first lick with the ax; he first stated that he hit him with a stick, and then he said he first hit him with the ax.
Q. What did he say became of that ax?
A. He didn’t know any more about it; he said Henry left there with it. Henry denied that.
Q. What, if anything, was said about a jumper with blood on it?
A. All I knew about it was that they told me¾
Q. What did they say about it to you on that occasion?
[fol. 38]
A. I asked them, and Ed said that was his jumper and he gave it to Henry down at the house, and Henry admitted that. Ed told him to put it on, and he did. When it was all over with, he took the jumper off and threw it down by the chimney there at the bed room.
Q. At whose house?
A. Mr. Stewart’s. He told me that he had another jumper on, and Ed told him to put the old one on too. Of course, I didn’t know anything about the blood stains on it.
Q. Mr. Adcock, did either one of those boys say anything about the reason for the jumper being exchanged between them, or anything like that?
A. Henry Shields said Ed Brown gave it to him and told him to put it on over his to keep off any blood stains.
Q. And they left that jumper there at Mr. Stewart’s house?
A. Yes, sir, that is what he said. I asked him about it being found at his house, and he said he didn’t know anything about that. I asked him about the ax, and he didn’t know anything about that.
Q. What, it anything, did Henry Shields say about him entering into the agreement with the other two?
A. He agreed to do the deed for $12.00 a piece from the money that they were to get. Ellington said: “How could we pay you $12.00 when we didn’t know what we was going to get. Whatever we got we was to split it.” That was the way he expressed it. Henry said that he had an understanding with them that evening, and he went to Ed Brown’s house that night, and he went in the room where Mr. Stewart was with Ellington, and Brown came in the back.
Q. You have taken up Henry Shields and Ed Brown now; tell what Y[-]nk Ellington said he had to do with it.
A. They met down the road that evening, and all agreed they was to kill Mr. Stewart for his money and get his money.
Q. How much did he say they expected to get?
A. They never did say. He said they understood he had
[fol. 39]
some, and they would kill him for his money. They were to meet at Brown’s house that night, and they all did. My understanding from Ellington was that Henry was a little late getting there, and Ed said to him, “Henry, we had about given you out.” They called Ed out and discussed it and agreed to go right on up there.
Q. Now, Mr. Adcock, what did Yank Ellington say was his part in the whole transaction?
A. Yank said he agreed with them that afternoon and went to Ed Brown’s house that night. They had an understanding what each one was to do when they got up there, a[m]d he and Henry Shields went in the end door, and Henry had his ax. He said Henry hit him with a stick; I don’t think he said where Henry got the stick. Mr. Stewart was in the bed, and they couldn’t see him; they could just see his form, and they didn’t know which way his head was. Henry hit him with a stick, and Henry lighted a match and told him to light a lamp. Henry hit him with the ax then, and Mr. Stewart jumped up. Mr. Stewart started out the door and Henry followed and hit him with the ax. He struck his first lick when he got the chisel, and hit him one or two licks with the chisel.
Q. Yank hit him with the chisel?
A. Yes, sir.
Q. What else did he say he did?
A. He helped to put him in the room there, and then after it was all over with, they left, They said they didn’t know where Henry Shields went. Yank said he went home, and Ed said he went home. Henry said he went down the road and waited for the boys; he left first, and waited for them. I asked him this question: “Did they give you the $12.00?’’ and he said: ‘‘No. sir. I was waiting for them down there, but they never did come.’’
Q. That was Henry who said that?
A. Yes, sir. I said: ‘‘Didn’t you know that they didn’t have any money?”, and he said: “No, sir.”
[fol. 40]
Q. I didn’t understand what you said Yank said about the time they were in the bed room : tell whether or not Yank hit Mr. Stewart in there.
A. No, sir. He denied it.
Q. What did Henry Shields say about that?
A. He said Yank hit him first with a stick: he said he never did hit him.
Q. What was the purpose in lighting the lamp? Did Henry Shields say about that?
A. So they could follow Mr. Stewart out. They knew the other man went in the other way to head him off, and they lighted the lamp so they could see him and followed him down the hall-way into the back hall.
Q. Henry Shields said that he was carrying the lamp?
A. Yes, sir. Ellington said he was carrying the lamp and Henry had an ax.
Q. While they were there together with you and the other gentlemen, when Ed Brown would tell about how they plotted to do this, would either one or the other two deny it?
A. They all agreed at the meeting that afternoon and the understanding was they were to meet at Ed Brown’s house and go from there to Mr. Stewart’s house and kill him. Shields denied that he hit a lick at all.
Q. Did Shields deny anything [else] in connection with the crime except that he didn’t hit a lick?
A. No, sir.
Q. After you talked to them there, what, if anything, did you say to them about how they felt?
A. I asked them if they had told the truth and all the truth, and they said that they had. This little boy on the end, Ellington, I believe he was smiling. He said: “Yes, sir. I feel a whole lot better.” He asked one of the gentlemen there for a cigarette. I said: “Any man who tells the
[fol. 41]
truth feels better.” I said: “What about you, Ed?”, and he said: “Yes sir, I feel a heap better.” I said: “What about you, Henry?” and he wouldn’t answer. The others said they had told us what licks they hit, and that Henry hit two licks with the ax.
Q. Did Henry say that?
A. No, sir, he denied hitting any at all.
Q. Did either one of them say anything about being bothered about being able to rest?
A. Ellington said: “I feel a heap better; yes, sir, I sure do. I think I can sleep good now.” Ed Brown said: “I think I will too.”
Q. Did Shields say anything about that?
A. He hasn’t answered yet about that.
Q. Mr. Adcock, this bunch of keys that I hand you, did you see those anywhere around the premises at Mr. Stewart’s home?
A. Yes, sir. On the afternoon that the investigation was being made I saw this bunch of keys, with this key sticking in the tool chest and the balance of them hanging there.
Q. What, if anything, did those boys tell you about these keys?
A. Henry Shields and Yank Ellington said that Ed Brown carried the keys for Mr. Stewart practically all the time, that he done the feeding, and that he carried these keys with him. This key was sticking in the tool chest.
Q. Did they say anything about Ed having the keys that night?
A. I don’t remember about that. Yes, he said that Ed took the keys and went in the house and unlocked the safe and closet and was searching for money. He took the lamp and the keys and went in and unlocked the safe.
Mr. Stennis: We produce these keys in evidence as Exhibit A to the testimony of Mr. Adcock. (Marked Exhibit ‘‘A’’.)
Cross-examination.
By Mr. Spinks:
Q. Mr. Adcock, did I understand you to say that each of these boys admitted that they went to Mr. Stewart’s house that night?
[fol. 42]
A. Yes, sir.
Q. Did each one of them admit that they were present when Mr. Stewart was being attacked by one or another of the three!
A. Yes, sir. All were in the house, two in one room and the other waiting at the end of the hall.
Q. For instance, when Ed Brown was undertaking to make his narration of what happened, was he interrupted and charged by either of the others of telling a falsehood on either of the others?
A. No, sir. Brown and Ellington both said that Henry had the ax, and he denied it.
Q. That is the ax they claimed he hit with, and Henry denied hitting him at all; did they give a sufficient description so that the ax was pictured on your mind?
A. Yes, sir. I asked Henry to describe the ax, and he said it was an ax with black letters on the side, and near the ax it was busted a little piece. I asked him if it had a new handle, and he said it was pretty new.
Q. Did Henry admit having the ax that night?
A. No, sir.
Q. He denied having it?
A. Yes, sir.
Q. What did he say about the ax?
A. I asked him if he had been confronted with the ax since he had been in jail, and he said he had. I asked him was this his jumper, and he said: “Yes, sir.” I asked him if it was the one he had on, and he said it was. I asked him about the ax and he denied having it. He said that he left it at home.
Mr. Daws: A while ago, did I understand you to say that some one of the three told you that they had a meeting the afternoon before the killing that night?
A. Yes, sir.
Q. Which one was that?
A. All of them said they met in the road just before night.
[fol. 43]
Q. How far was that from the Stewart[‘s] home?
A. I don’t think I ever asked that question or that they ever told me. It was down in the road somewhere about a gate or near a gate. I didn’t know anything about where that was.
Q. Did they say that they had a meeting that afternoon?
A. All three of them said that. And they said that their understanding was that they would meet that night at Ed Brown’s house.
(Witness dismissed.)
Mr. BRYCE STEVENS, a witness for the State, after being duly sworn, testified as follows:
Direct examination.
By Mr. Stennis:
Q. You are sheriff of Lauderdale County?
A. Yes, sir.
Q. Within the last few days, have you learned to know Ed Brown; this Shields boy and Yank Ellington?
A. Yes, sir.
Q. Last Monday night in the County jail in the City of Meridian, did they, in the presence of each other and of you and Mr. Adcock and some other gentlemen, make a statement about their knowledge or connection with the death of Mr. Stewart?
Mr. Spinks: We object to this as not being a free and voluntary statement.
The Court: Overruled.
A. Yes, sir.
Q. These boys were in jail there in your custody?
A. Yes, sir.
Q. Before those statements were made, what if anything did you say to them in regard to whether or not they must talk or whether or not you abused them any, or what was said to them?
A. I told them that they were in my care and keeping
[fol. 44]
and I was going to protect them even at the cost of my own life. I told them that I wanted any statement that they made to be free and voluntary on their part.
Q. You let them understand that they did not have to talk?
A. Yes, sir.
Q. Did they understand that what they said would be used against them?
A. That it could be, yes, sir.
Q. Were there any threats from you or anyone else? Was there any inducement of any kind to try to make them talk?
A. No, sir.
Q. Go ahead and tell the best that you remember what they said; I am talking about the conversation when all three were present.
A. Gentlemen, you can appreciate the fact that there was so much said I can only give the high spots. I can’t tell it in their language. After we got all three together, this Yank began to tell it and unraveled the whole thing. He made the confession that he first hit him on the head with a stick.
Q. Was there anything said about their previous plans?
A. Yes, sir. He said they had met up together in a side road some place and planned the killing. They set this night, Thursday I believe, to commit the crime. They met again after night and went up the road to Mr. Stewart’s home, and that he and this Shields went in one door and Brown went a round to another door. Not being familiar with the premises, I couldn’t describe it any better than that, but they went in and found Mr. Stewart asleep in bed. Then and there was where they begun. One hit him with a stick and he jumped up and ran out, and one hit him as he went out, and finally he was hit in the hall by Brown. He fell over the tool chest there. That was about this Yank’s testimony.
Q. What statement, if any did he make about his actions after Mr. Stewart fell?
A. He said before he fell, as he went out, he run and hit him with the stick and with a chisel. He hit him on the side
[fol. 45]
of the face with the chisel. I got the idea that the chisel was about this long.
Q. What happened after Mr. Stewart was struck in the hall-way by Brown?
A. He said that he and this Shields picked him up. He and Shields picked him up by order of Brown and put him in the seed room and later Shields got the lamp and poured the oil out and set it on fire.
Q. Where did he say that he poured the oil?
A. On Mr. Stewart and the cotton seed.
Q. Do you remember Yank saying anything about what became of the lamp chimney?
A. I don’t believe Yank said anything but Shields said he had been toting the lamp and the chimney was knocked off. That was his statement.
Q. Coming now to Shields, tell whether or not Shields said he agreed to the plot and what he said about it.
A. He said they planned it, and he went with them. They agreed to give him $12.00 a piece if he would go, and he claimed that he held the lamp, after this boy hit Mr. Stewart he went and got the lamp and the boy struck a match and lit it as he held it. Out in the hall, the chimney was knocked off. It went out then and he had to relight it.
Q. What reason did he give for holding the lamp there?
A. They had him to go with them; they promised him $12.00 each.
Q. Did he say whether or not he agreed to help and was helping them?
A. Yes, sir, he was helping.
Q. What was it that he said about Brown?
A. He said Brown came in a different door in the back hall.
Q. What did Shields say about a search being made of the house?
A. Yes, sir, he said after this man fell over the tool chest Brown went in the other parts of the house and made a
[fol. 46]
search and came back. After they put him in the seed room, Brown searched the house.
Q. Coming to Brown, what did he say about his part?
A. He first said that he hit him with a stick in the back as he passed by, but later he opened up and said he would tell the truth. He said he hit him with a mad-ax just about the time that he got to the tool chest. He claimed then that this fellow Shields was the one that poured the oil out and set it afire.
Q. Brown said that?
A. Yes, sir.
Q. Did he exp[ali]n what they meant to do by that?
A. Burn the house and get rid of it.
Q. Do you remember what either one said about what became of this foot-ax?
A. Yes, sir. Brown said he put it in the well or made an effort to.
Q. What did they say about leaving the house after it was over?
A. Which one of them?
Q. Any of them.
A. Shields said after he helped get him in the room—he got him on his back kind of and had his hands under his arms and this boy Yank got him by the legs. After they did that, he left. He said he left the jumper at the corner of the house on the outside at the chimney.
Q. That was Shields that said he and Yank carried Mr. Stewart’s body in the seed room?
A. Yes, sir.
Q. What did he say about whether or not he was dead or alive?
A. He thought he was dead or was going to die.
Q. After this conversation with you gentlemen had been completed, what, if anything, did the defendants or either one of them say about feeling better?
A. Yank first said that. He made his statement, and he said when he got through—someone asked him if he didn’t
[fol. 47]
fe[l]l better and he said he did feel better after he told that.
Q. What about Brown?
A. Brown said he did too.
Q. What about Shields?
A. He was a little sluggish all the way through. He didn’t talk as free as the others.
Cross-examination
By Mr. Daws
Q. Did this Defendant here, Shields, ever admit striking Mr. Stewart?
A. No, sir, I don’t think he did in my presence.
Q. All he told you and Mr. Adcock was that he helped put Mr. Stewart’s body in the seed house?
A. And he carried the lamp.
Q. And I believe you stated that the three of them told you that they had a meeting or conference that afternoon?.
A. Yes, sir, some time during the day.
Q. Was there anything said about a cotton check?
A. There was in questioning them. They didn’t mention that until they were asked about it. They said there had been a check but that their part of the money had been credited to their account.
Q. Did this defendant here, Shields, say anything about a cotton check, or was it the other two?
A. The other two. I understood that Shields didn’t have any connection with the cotton check.
(Witness dismissed.)
REV. EUGENE STEVENS, a witness for the State, after being duly sworn, testified as follows:
Direct examination.
By Mr. Stennis:
Q. You live in Meridian, Mississippi?
A. Yes, sir.
[fol. 48]
Q. Have you learned to know these three defendants here?
A. Yes, sir. I just saw them one time before today.
Q. Where was that?
A. Last Monday night in the jail at Meridian.
Q. You were there in company with Mr. Adcock and your brother?
A. I went down there about 8:00 o’clock and happened to find them there.
Q. While you were there, was there a conversation between Mr. Adcock and your brother and [you-self] with these three defendants?
A. I heard Mr. Adcock question these boys.
Q. Go ahead and give us the benefit of what you heard them say; you might take them one at a time. Do you know them apart?
A. That is Ed Brown on the left, and this is Shields and this is Ellington.
Q. Tell us what they said about their alleged connection with the killing.
A. It would be impossible to tell just what happened throughout the examination, but I will say that he examined them separately first and then he brought them together.
Q. Were you there during all that time?
A. Yes, sir.
Q. During all the time you were there, were any threats or anything like that used against these boys?
A. There absolutely wasn’t, and besides that they were told that they were there to protect them and were going to see that they had a fair trial and for them to feel easy.
Q. Were they told that they would be given any kind of immunity from what they told or did?
A. No, sir.
Q. Were their statements free and voluntary on their part?
A. I don’t see why they shouldn’t be.
Q. Take Ed Brown; what connection did he say he had with the plot and the killing?
[fol. 49]
A. He was there and had a part in it, and he had a part in the plot. There wasn’t any motive but robbery, and Ed said they all agreed if they got any spoils they would divide them equally. He went on to tell how the thing happened, but there were conflicting statements in their personal examination to that which they made together.
Q. Confine yourself to the time all three were together.
A. He stated that they all agreed to commit the crime that afternoon, and they waited until the time of night they thought the opportune time to go and commit it. He said that they all went to the house. I think he possibly said the door wasn’t closed. It seemed that he was pretty familiar with the house. The two darkies, Shields and Ellington, went in a side entrance by a chimney, I think. He went around and waited in the hall and met them there. You couldn’t tell just exactly what part he performed, but he did admit that he struck him across the shoulders with a stick at some time. Ha admitted that he had a part in it and the other two went in a side room and came in there and struck him while he was in bed. He got up and made for this hall-way.
Q. That was Mr. Stewart that got up?
A. Yes, sir.
Q. Did Ed Brown say where he hit him?
A. That was in this examination; that was the conflicting part.
Q. Just tell what they said when all were together.
A. He finally admitted that he struck him outside near the tool chest with a foot ax— a mad-ax he called it.
Q. Talking about the time you were all there together, what did Ed Brown say was done after Mr. Stewart was struck there in the hall?
A. He said he fell across the tool chest there, and they picked him up, and I don’t remember whether he said he unlocked the door where the seed were or some of the rest of them did it, and they put him in the seed room. They
[fol. 50]
thought that he was dead. Then I think Ed said somebody, just who I don’t remember, lit a lamp and went in the house and searched the house and then came back. I would like to say this. There was so much that I couldn’t remember when they were brought together, but they all agreed that all were there and worked together and had a part in it. Every one of them admitted the part that they took except Shields who stood out all the time that he didn’t bring the ax and didn’t hit him; the others said that he did. They all agreed except for a few details. Mr. Adcock questioned them as reasonably as he could for two hours and a half. In the main, that is all I heard, that they were the ones that did it and no one else. They were asked that question, and they said no one else was in it. They said there was no other motive except getting money.
Q. Did they say whether or not they intended to kill him when they went there?
A. I understood they went there to kill him. They went armed; they didn’t deny that. Ed and this Ellington said Shields had an ax and one got a chisel; they had an ax, a mad-ax, a chisel and a stick. They said that was all they had.
Q. Now, after you had questioned these boys there, did they say anything about how they were feeling?
A. Well, when this Henry Shields said he didn’t have the ax there and didn’t strike him—he held out until the last on that. Brown and Ellington both told him: “You know you did, boy.” He held out until the last that he didn’t have the ax there, and Brown said then: “I didn’t tell the truth until I come back, but now I have and I feel better.” He told Shields: “Whether you tell it or not, it is going to be the same.” This Ellington told him the same thing; he told him that he just as well make a full confession, but he said he didn’t have the ax there and didn’t strike him.
Q. Did they say anything about feeling better?
A. Two of them did. Ed Brown also asked for a cigarette
[fol. 51]
and some of them gave it to him.
Mr. Clark: We are making the same objection to this testimony that we did to the others.
The Court: Overruled.
(Witness dismissed.)
The States rests.
Ed Brown, one of the Defendants, after being duly sworn, testified as follows:
Direct examination.
By Mr. Clark:
Q. Your name is Ed Brown?
A. Yes, sir.
Q. Where do you live?
A. On Mr. Raymond’s place.
Q. What Mr. Raymond?
A. Mr. Raymond what got killed.
Q. Mr. Raymond Stewart?
A. Yes, sir.
Q. How old are you?
A. 30 years old, going on 31.
Q. Are you married?
A. Yes, sir.
Q. How many children have you?
A. Three.
Q. How old are they?
A. One is 5, the other 10 and the other 13.
Q. Where were you raised, in Kemper County?
A. Yes sir. Way down there about the line.
Q. Is it in Alabama or Mississippi?
A. Alabama, Sum[p]ter County
[fol. 52]
Q. You are charged here with having participated in the killing of Mr. Stewart last Friday night or Thursday night, you and Henry Shields and Yank Ellington. Do you remember when he was killed?
A. Yes, sir.
Q. Where were you that night?
A. At home.
Q. Did you help kill him?
A. No, sir.
Q. How long had you been living with Mr. Stewart?
A. Two years, going on three this year.
Q. When did you first hear about him being dead?
A. About 1:00 o’clock.
Q. When was that?
A. Friday.
Q. On the day that he was supposed to have been killed that morning some time?
A. Yes, sir I guess so.
Q. Where were you when you heard about it?
A. I was over there coming from Dennis Cherry’s.
Q. How far is that from Mr. Stewart’s place?
A. Not far.
Q. Is it about a mile?
A. Just about a mile.
Q. When you heard about it, what did you do?
A. I run over there; Mr. Williams was there when I got there.
Q. Who was that?
A. Mr. William Adams; I know he was there, and there was a lot more.
Q. What did you do on the day of the killing that night?
A. I worked on the pasture.
Q. Who was with you there?
A. Me and Yank and Buddy Giles, Beth Shields and some more.
Q. Did you have anything against Mr. Stewart?
A. Not a thing at all.
[fol. 53]
Q. Have you ever had any trouble with him at any time?
A. No, sir; he treated me nice, and I done the same thing.
Q. You heard Mr. Alcock and the Sheriff of Lauderdale County, Mr. Stevens, and Preacher Stevens testify about the confession you made in Meridian in the jail, saying that you participated in this killing; tell the jury whether or not you told the truth at that time.
A. No, sir I didn’t tell the truth.
Q. Why did you tell something that was not true?
A. Mr. Cliff called me out of the jail Sunday evening—
Q. Who did?
A. Mr. Cliff Dial. He told me to come out here, that he had heard I told that I killed Mr. Raymond. I come out of the jail house and I said: “I declare I didn’t kill Mr. Raymond.” He said: “Come on in here and pull your clothes off; I am going to get you.” I said to the last that I didn’t kill him. There was two more fellows about like that there, and they was whipping me. They had me be[n]ind across chairs kind of like that. I said I didn’t kill him, and they said put it on him again, and they hit so hard I had to say: “Yes, sir.” Mr. Cliff said: “Give it to me, and I will get it.” He took it, and it had two buckles on the end. They stripped me naked and bent me over a chair, and I just had to say it; I couldn’t help it.
Q. They whipped you hard there?
A. Yes, sir. I will show you. There are places all the way up there.
Q. Did you bleed any?
A. Did I bleed? I sure did.
Q. How did you tell them about the light and the lamp and such things as that?
A. They whipped me so hard, and I said I didn’t know anything about them, and they put me down the third trip and said: “Ain’t that so?” He said: “What about the
[fol. 54]
lamp”?, and I said: “I reckon Henry Shields done that.” They said: “You know more than that.” They put me down again, and they whipped me so bad I couldn’t sleep that night.
Q. When did this whipping take pace?
A. Sunday evening. They whipped that boy first, and then told they told me to come on out?
Q. When Mr. Alcock and Mr. Stevens and his brother and some other gentlemen were talking to you on Monday night, did they threaten you on that night?
A. No, sir. I was scared because Mr. Cliff said I had better tell it like I told him. I was scared.
Q. When did he tell you, that?
A. When he was whipping me, and after I got up.
Q. He told you what?
A. That I had better not get off what I had told him.
Q. That is the reason you told Mr. Adcock what you did?
A. Yes, sir; that is the reason. If you all could see the places. you would say a train didn’t move any lighter.
Q. You told these gentlemen what you told Mr. Cliff on Sunday w[eh]n he was whipping you?
A. Yes, sir.
Q. You tell the jury and Court that is the reason that you told it because of what Mr. Cliff Dial said to you?
A. Yes, sir.
Q. Were you telling the truth then?
A. I am telling the truth.
Q. I mean when you told Mr. Adcock and Mr. Stevens; was that the truth or a lie?
A. I was telling a story, because Mr. Cliff said I had better tell it like I told him Sunday evening.
Q. Where did you go on that Thursday night, if any where?
A. Me and my wife just about sundown, it was getting dusk dark, and we met Mr. Stewart just below the barn.
[fol. 55]
He said: “Ed, I started down to your house after my gun.’’ I said: ‘‘What is the matter now?’’ and he said: “I heard—
Mr. Stennis: We object to that.
The Court: Sustained.
Q. What did Mr. Stewart do there then?
A. I handed him the gun.
Q. What did he do?
A. He took the gun and went back to the house, and me and my old lady went to Fanny Livingston’s.
Q. How long did you stay there?
A. I never looked at the clock; we come home about 9.30 or 10.00.
Q. What did you do then?
A. We roasted sweet potatoes and eat them, and me and her went to bed then.
Q. Did you stay there?
A. Yes, sir, until the lady cooked breakfast; the ground was too we[r] to get out.
Q. Did you generally go to Mr. Stewart’s house in the morning?
A. The ground was too wet that day. I didn’t go unless it was to get the mules. He had told us not to plow no more land like we did last year, to wait until it got dry.
Q. Did anybody else come in your house that night?
A. Didn’t nobody come in.
Q. When were you arrested on this charge?
A. That same day.
Q. Who arrested you?
A. Mr. Cliff was there.
Q. You were there at the house?
A. Yes, sir.
Q. You helped them look around there?
A. Yes, sir.
Q. You tell the jury and the court that the reason you told what you did was because you were afraid of Mr. Cliff
[fol. 56]
Dial and the other people who whipped you on Sunday?
A. Yes, sir, that is how come I told it. They put me down three times. Two times I said: “No, sir.” Until the last time, I said, “I ain’t never harmed Mr. Stewart in my life.” They said: ‘‘Get down again.’’ He took the strop away from the little fellow and it looked like he was going to kill me, and I said: “Yes, sir.” He said: “What about the lamp?” I said : ‘‘I don’t know.’’ He said: ‘‘Put him down again.”, and I said: “ Yes, sir.” He was whipping me so hard I had to say “yes, sir.”
Cross-examination.
By Mr. Stennis:
Q. You heard Mr. Adcock’s testimony?
A. Yes, sir.
Q. You heard about what the other two men said you told them?
A. Yes, sir.
Q. They told it right, didn’t they?
A. I told it because Mr. Dial had done beat me so.
Q. I kno[wn] that; I know you say that is why, but you did tell them just what they said?
A. Yes, sir. After he got through beating me, he told me I better say what I said to him.
Q. But it is true that you told Mr. Adcock and these other gentlemen on Monday night just what they said you to[dl] them?
A. Are you talking about when this man got through whipping me?
Q. No. On Monday night when Mr. Adcock and the two gentlemen[t] who were on the stand were there, you told them just what Mr. Adcock told here on the stand?
A. Yes, sir. I told them because I was scared.
Q. Mr. Adcock told a while ago just exactly what you told him in the jail there?
A. Yes, sir. The reason I did tell it was because Mr. Cliff had beat me so.
Q. And after you got through, you told Mr. Adcock that you felt better?
[fol. 57]
A. Yes, sir, but a man will say anything when he is beat up like that.
Q. When Mr. Adcock first talked to you that night, you didn’t tell him all about it?
A. No, sir.
Q. He said a while ago that when he talked to you alone that night you wouldn’t tell it all, but when all three were together you told it every bit?
A. Mr. Cliff told me I better tell it.
Q. When you first talked to Mr. Adcock, you didn’t tell it all?
A. Yes, sir, I told him all I [knowed].
Q. And when he got all three of you together, you told it all then?
A. All I [knowed] then.
Q. You knew what you were talking about, didn’t you?
A. No, sir.
Q. You just said that you told all you knew about it.
A. I was scared because Mr. Cliff had beat me so.
Q. How did you know what to tell Mr. Adcock?
A. Because he told me I had better tell him the truth.
Q. And that was what you were telling him?
A. I said that because Mr. Cliff Dial said I had better tell that thing all the same way I told him.
Q. And Mr. Adcock told you you had better tell the truth?
A. Yes, sir.
Q. And you told him the truth?
A. I told it like I said just now.
Q. What you told him was the truth?
A. I had to tell it because I was afraid.
Q. Monday night down in the jail, when the other two boys were not there, you didn’t tell all of it then?
Mr. Clark: We object. He was just examined on the time when all three were present.
[fol. 58]
Mr. Stennis: There was something said about the first examination. You have gone into the previous examination.
The Court: Overruled.
Q. When you first talked to Mr. Adcock in the jail Monday night before they brought the other boys in there, you didn’t tell him all of it?
A. Yes, sir.
Q. You told him all you knew about it then?
A. Yes, sir.
Q. Everything you could remember about what happened, you told him?
A. Yes, sir.
Q. You told it the best that you could remember?
A. Yes, sir.
Q. Everything about the lamp chimney—you told that?
A. Yes, sir, the way they told me to tell it.
Q. You told him the[y] way you went in the side door?
A. He made me tell all that.
Q. Who did?
A. Mr. Cliff, when he was whipping me.
Q. Did Mr. Cliff make you say that you had a foot-ax?
A. He said: ‘‘What did you hit him with?’’, and I said: ‘‘Nothing.’’ He said: ‘‘What did you hit him with, or I will beat you to death.’’ I said: ‘‘A. stick.’’ He said: ‘‘No’’, and I said: “A foot ax.”
Q. The night that Mr. Adcock was there, Mr. Dial wasn’t there?
A. No, sir.
Q. You hadn’t seen him any more after he whipped you?
A. Yes, sir, but I don’t reckon he seen me.
Q. When I read that paper to you yesterday, you said that you killed him, didn’t you?
A. Yes, sir, but that was on account of that man.
Q. Didn’t you see Mr. Adcock this morning and tell him what you told in the jail the other night was the truth?
[fol. 59]
A. I done that because Mr. Cliff said he would beat me, and I was scared.
Q. Aren’t you still scared of Mr. Cliff?
A. Yes, sir, but I am going to tell the truth; I ain’t never harmed him.
Q. That is what you told Mr. Adcock down there in the jail—that you were going to tell the truth?
A. Yes, sir, after he scared me; after Mr. Cliff scared me.
Q. And that is what you were telling him when you told how it happened?
A. No, sir. What I told them; he just made me do it. The jailer come up there and said: “Did you deny it?”, and I said: “No.” He said if I had they would have got on me again.
Q. The only thing that Mr. Cliff told you was that you had to tell what part you took in it?
A. He told me I had to tell on Shields. He said Henry said that I was there.
Q. What else did he tell you?
A. That’s all.
Q. He didn’t tell you to tell on anybody else, did he?
A. Yes, sir, he told me Henry Shields had told it.
Q. He didn’t tell you to tell on anybody except Henry, did he?
A. No, sir.
Q. And then you told Mr. Adcock that Yank had a part in it?
A. Yes, sir, but he had done told it on me.
Q. What reason do you give for telling Mr. Adcock that Yank had a part in it?
A. No, sir, I didn’t see Yank at all. I ain’t saw him at all since me and him was working together.
Q. Why did you tell Mr. Adcock that Yank was there?
A. I was just scared.
Q. Why did you pick Yank?
A. I was just scared.
[fol. 60]
Q. You didn’t see Yank there?
A. Not until 1 :00 o’clock that Friday.
Q. Friday?
A. No, sir, it was Thursday.
Q. Were you and Yank working together that Thursday?
A. No, sir, he was on the pasture and I was on the gate.
Q. Where was Shields working that day?
A. I don’t know.
Q. Was he working on the fence there?
A. No, sir. Somebody said he was cutting wood.
Q. Did you see Henry Shields on Thursday?
A. No, sir.
Q. You didn’t see him that night anyw[here]?
A. No, sir, because I didn’t get out of the house.
Q. Mr. Adcock treated you nice that night down in the jail?
A. Yes, sir.
Q. He told you he was going to protect you and do everything he could for you?
A. Yes, sir.
Q. And he told you that he wanted you to tell the truth?
A. Yes, sir.
Q. He told you that you didn’t have to tell anything?
A. Yes, sir.
Q. You went right on then and told them what they say you told them?
A. Yes, sir, but I told that because I was scared.
Q. You knew when you were telling that, you were telling the truth?
A. No, sir, I was telling a lie, boss, if you will [m]ardon me saying that.
Q. They didn’t do anything to you that night, did they?
A. I had to say it because the man[d] had done beat me so I was scared. I ain’t never harmed Mr. Stewart in my life.
Q. There were not any fellows present on Sunday night that were there on Monday night?
[fol. 61]
A. I don’t know.
Q. Mr. Adcock and the others told you that you didn’t have anything to fear from them?
A. Yes, sir, but I was just scared. I am scared every night I have been here.
Q. They told you that they were going to protect you?
A. Yes, sir, but I was scared.
Q. Why did you plead guilty here in open court yesterday?
A. I was scared and didn’t know no better.
Q. The Court appointed lawyers for you yesterday afternoon?
A. Yes, sir but I told him I didn’t need none.
Q. You told the Court you didn’t think they would do any good?
A. I told him I didn’t think they would do no good because the man whipped us and told us we better stand on what we said.
Q. You talked to your lawyers yesterday afternoon?
A. In that room there, yes, sir.
Q. You talked to them again this morning?
A. Yes, sir.
Q. After you talked to them this morning you told Mr. Adcock that all that you told him in jail on Monday was so?
A. What I told him this morning, I didn’t know what I was doing then.
Q. Do you know what you are doing now?
A. Sir?
Q. Do you know now?
A. I don’t know, but I will die on this, boss, I ain’t never harmed Mr. Raymond.
Q. After you talked to them yesterday afternoon and this morning, you told Mr. Adcock here today that what you told him in the jail in Meridian was so?
A. I was just scared.
Q. Did you tell him that was true?
A. Yes, sir.
[fol. 62]
Q. Now, explain why you did that.
A. It was right up where those beds are at, wasn’t it, Mr. Adcock?
Q. It was up-stairs here?
A. Yes, sir.
Q. Who else was there at that time?
A. I don’t know the man.
Q. Mr. Adcock hadn’t ever done anything to you?
A. No, sir.
Q. One of these boys here told Mr. Adcock the same thing this afternoon, didn’t he?
Mr. Clark: We object to that
The Court: Sustained.
Q. You were not afraid of Mr. Adcock when you were up here?
A. No, sir, I wasn’t scared but let me tell you this. You know white people pull together and negroes won’t. I didn’t know what Mr. Adcock would do, but I am going to die on the truth—I did not harm Mr. Raymond.
Q. You were not saying that a few hours ago, were you?
A. The man whipped me [d]o I had to say it. I ain’t never harmed Mr. Raymond. There ain’t no need of saying I done it when I didn’t.
Q. You told Mr. Adcock that you did do it?
A. Yes, sir.
Q. And now you say you didn’t?
A. If I die right now, I am going to say it: I ain’t never harmed Mr. Raymond in my life. It they want to they can kill me because I said that, but I ain’t never harmed Mr. Raymond in my life.
Q. When you talked to Mr. Adcock up here this morning, you said that you had denied it this morning because your wife was present?
A. Yes, sir.
Q. Didn’t you tell him that you denied it this morning because your wife was present and you didn’t want to admit it before her?
A. I am not disputing his word. I spoke like this to Mr.
[fol. 63]
Adcock: ‘‘I am going to tell the truth or die—”
Q. Just answer my question.
A. I said: “Nothing I can do is going to help now, I don’t reckon.” I just said that; ain’t that the way I said it, Mr. Adcock? I just said it because my old lady said it like that.
Q. You immediately told him that what you said in Meridian was the truth?
A. No, sir, it wasn’t the truth.
Q. But you told Mr. Adcock that it was?
A. Yes, sir, but I ain’t never harmed Mr. Adcock in my life.
Q. You say that you didn’t go to Mr. Stewart’s house in the morning unless it was dry?
A. No, sir.
Q. Did it rain that day?
A. It rained that week.
Q. About what time did you get through with the fence that Thursday?
A. I don’t know.
Q. Was it before sun down?
A. Yes, sir.
Q. Does this boy Shields live where you do?
A. He lives on the other side.
Q. About how far from you?
A. About a mile or a little better.
Q. Where did Yank live?
A. About a good mile from his house and about a mile and a half from mine.
Q. You quit work that afternoon a little while before sun-down?
A. Yes, sir. I carried the wagon and mules to the house and sent the mules off by a boy.
Q. Whose ax is that?
A. Shields’ ax.
Q. It has a split handle close to the ax part?
A. Yes, sir.
[fol. 64]
Q. And it has black marks on the handle?
A. Yes, sir.
Q. When was the last time that you had these keys?
A. He didn’t let nobody tote them.
Q. How do you know whose keys they are?
A. I have seen Mr. Raymond with them.
Q. Which one of these keys fits the tool chest?
A. I don’t know; I ain’t never been in it in my life.
Q. Which one fits the safe?
A. I don’t know.
Q. We want to get in the safe.
A. I don’t know, boss.
Q. What kind of knife did Mr. Raymond have?
A. He used to tote one with three blades in it.
Q. Mr. Adcock showed you that knife?
A. Yes, sir, I told him I [knowed] it.
Q. You told him about the knife and a penny?
A. No, sir. I didn’t tell that. He misunderstood me on that. I saw Mr. Raymond with the knife lots of times, but I didn’t see him that day up at the house with it.
Q. Who was it that told the officers, Mr. Adcock and the others, that there wasn’t anything in Mr. Raymond’s pocket but a knife and a penny?
A. That’s what I said—that’s what they all said, but I hadn’t been in there.
Q. Then how did you know what was in there.
A. That’s what the boys said.
Q. Who was the first one that spoke about that?
A. One of them spoke about it.
Q. One these boys here?
A. No, sir, some of the other boys in there.
Q. Do you mean colored boys or officers?
A. Some colored men there at the. house
[fol. 65]
Q. When did you hear that?
A. That day.
Q. Before they arrested you?
A. Yes, sir.
Q. They arrested you not long after they found the body?
A. Yes, sir. I come up there and in about 15 minutes or 20 minutes Mr. Cliff [throwed] a pump gun on me.
Q. Was that at the house?
A. Yes, sir, I was out from the house a piece.
Q. Back to this Monday night, Mr. Adcock didn’t threaten you, did he.
A. No, sir, but I was scared all right?
Q. He told you that you didn’t have to talk?
A. Yes, sir, but I [knowed] what the jailer said, he said they would whip me again.
Q. You told those gentlemen the best you could just how it happened?
A. I had to. I haven’t had my hands on Mr. Raymond.
Q. Tell us again why you told Mr. Adcock up here today that it was the truth what you said in Meridian.
A. I told him just like this. My wife said something or other about it won’t do any good no how. After that, I said I didn’t kill him. I thought I just as well go ahead and tell the truth, because I will die any way. I didn’t kill Mr. Raymond, and I didn’t help kill him.
Q. Mr. Stewart’s shot gun was down at your house?
A. Yes, sir, he let me keep it all the time.
Q. What kind of gun is that?
A. L. C. Smith.
Q. How long have you had it?
A. About 2 years.
Q. You have been keeping it all that time?
A. Yes, sir, he told me to hunt with it.
Q. Who furnished the shells for it?
[fol. 66]
A. I furnished them. He would give me shells some times to kill squirrels with for him.
Q. You also kept Mr. Stewart’s pistol?
A. Yes, sir, but I hadn’t, had it long, about a month after somebody stole his 32 Special.
Q. You told Mr. Adcock that you had had it about two months.
A. Yes, sir.
Q. That left Mr. Stewart without a weapon at all?
A. I told him he could get it when he got ready.
Q. Now, about dinner time when Mr. Adcock carried you up here where the beds are, didn’t you tell him that you wanted to speak to him for a minute?
A. Yes, sir, I spoke to him.
Q. Didn’t you tell him there then that you had said this morning, in the presence of your wife that you were not guilty, but you said that was because your wife was there and she had said that you were at home?
A. Yes, sir, I was at home.
Q. Didn’t you tell Mr. Adcock up here where the beds are after you had called him off?
A. Me and that boy was there.
Q. Didn’t you tell him that at about dinner time?
A. Yes, sir.
Q. You told him this, that this morning you had said you didn’t have anything to do with it, that you were at home.
A. Yes, sir, I was at home.
Q. But that the reason you said that was that your wives were there and they said that, and that you were going to agree with them, but that the truth was what you had told in the Meridian jail?
A. No, sir. I told him that tale because the man had beat me so.
Q. You told Mr. Adcock in the dormitory up here that you had told him the truth in Meridian?
[fol. 67]
A. I told him because the man beat me so.
Q. Why did you call Mr. Adcock off and tell him this additional tale?
A. Because I was scared I was going to get another beating.
Q. You didn’t get one yesterday?
A. No, sir.
Q. The court gave you two lawyers yesterday?
A. Yes, sir.
Q. And two more this morning?
A. Yes, sir.
Q. That makes four?
A. Yes, sir.
Q. And you still called Mr. Adcock off and told him what you said in Meridian because you were scared was true?
A. Yes, sir. I will die on that, boss; I didn’t touch Mr. Raymond.
Q. You say that you are afraid of Mr. Dial?
A. Yes, sir.
Q. Which do you think would be the worse, to have Mr. Dial there and be afraid of him or confess killing Mr. Stewart?
A. I didn’t kill Mr. Stewart.
Q. You knew that you were confessing to killing him?
A. No, sir.
Q. You knew what it meant when you said you helped kill him?
A. I was telling a tale when I spoke that.
Q. Didn’t you know it would hang you when you told that you killed him?
A. Yes, sir.
Q. But you went on and told that Monday night?
A. Yes, sir, I was scared because he beat me so.
Q. And you told it again today?
A. I was still scared.
Q. Are you scared now?
A. Yes, sir.
[fol. 68]
Redirect examination.
By Mr. Clark:
Q. You say the jailer in Meridian told you the man would get you again?
A. Yes, sir. The boy that works there come up there, and I told him I didn’t touch the man, and I would die on that.
Q. Mr. McGee, the jailer, told you, they would get you again if you denied it?
A. Yes, sir, he brought the boy up there to see if I denied it.
Q. Where was Mr. McGee when they whipped you that Sunday afternoon?
A. I didn’t see him to know him when they whipped me.
Q. Where did they have you?
A. In that room where they have all those guns setting up there.
Q. Who was in there?
A. Mr. Burt.
Q. Who?
A. Mr. Guy Jack and a little fellow; his home is out of Scooba. I know him when I see him, and Mr. Buddy Gilbert was there, Dr. Gilbert’s [some]. The other two men, I don’t know them.
Q. The sheriff wasn’t there, and Mr. Adcock wasn’t there?
A. I didn’t see Mr. Adcock; the way they was hitting, I wouldn’t have [knowed] him.
Q The gentlemen that testified here, the Sheriff of Lauderdale County, wasn’t there?
A. I don’t know, boss.
(Witness dismissed.)
HENRY SHIELDS, a defendant, after being duly sworn, testified as follows:
Direct examination.
By Mr. Daws:
Q. How old are you?
A. 27.
[fol. 69]
Q. Are you married?
A. Yes, sir.
Q. Where were you raised?
A. I was raised at Mr. Howard King’s place.
Q. Have you been there all your life?
A. No, sir, I stayed with a lot of people, Mr. Henry Lavender and Mr. Fred.
Q. Do you remember the night or day it is said that Mr. Stewart was killed?
A. Yes, sir.
Q. What day of the week was that?
A. Friday, I heard; it was Friday when they found him dead.
Q. What did you do that day?
A. I cut wood all day; me and Miss Pinky Ethridge’s boy.
Q. How far is that from Mr. Stewart’s home?
A. About three-fourths of a mile.
Q. What time of the day did you quit work?
A. Are you talking about that evening?
Q. Yes.
A. I quit about a half hour by the sun.
Q. I will ask you to state to the court and jury if you saw Yank and this other defendant at any time that day.
A. No, sir, I didn’t see them at no time that day.
Q. Did you see them any time that night?
A. No, sir, I sure didn’t.
Q. What did you do late that evening after you quit work?
A. I went on home and I met Eddie Giles and Campbell at my house and some others was there. Me and Holley played checks, and after while my brother come and we played checks until 9:00 or 10:00.
Q. What did you do then?
A. I went to bed after they left.
Q. Did you get up that night?
A. Yes, sir.
[fol. 70]
Q. Tell why you got up and left home that night.
A. The reason I left home was because of my woman. I had been working hard for her. She got up and went to the front door and looked out and came back and put the fire up and then come to my bed to see if I was asleep. I was looking at her and just laid there. She went back to her bed and reached up and got her jacket and run out the door. I got up, and when I got up she was going around the house. The old door is hard to come unlatched. I was going on around the house, and she tried to get back from around the corner of the house before I could get out the door. I met her and heard somebody out by the hen house, and this here Bob Gross run out from there and around my house and through my yard.
Q. I will ask you whether there was a fuss at your house that night?
A. Yes, sir. I got my ax and hit at her. I didn’t hit her, but I hit at her and I thank God I didn’t hit her.
Q. What happened then?
A. I went to Miss Pinky Ethridge’s and called Mr. James out and told him I was going to leave because I was being mistreated, and I said—
Mr. Stennis: We object to that.’
The Court: Sustained.
Q. What did you do? Don’t tell what you told them.
A. I called him out and told him what I had been into and [and] I was going to leave to keep from getting into trouble. When I first moved to the place, Mr. Lundy Temple told me—
Mr. Stennis: We object.
Q. What did you do there, if anything?
A. I didn’t try to do anything.
Q. Where did you go then?
A. I went to my mother-in-law’s; I left there and went to Oscar’s to spend the night. I left there about 5:00 o’clock and went on to Scooba. I first went to Mr. James Boyd’s.
[fol. 71]
I met this boy and he said Mr. Boyd was going to Electric Mills and that Daisy was going with him. I turned in at his house and asked this girl if I could go, and she said he had a load. I went on to Mr. Temple’s and his boy and Mr. Jim Hill was fixing on the car, and I told them what I was leaving about and he said not to leave. I said; “No, I have been mistreated, and I want to leave the country.”
Q. Where did you go then?
A. I come on to Electric Mills and caught a beer truck and come on down to Meridian and got there about 10:00 o’clock. I found a fellow there at the house where I was going to. I got to his house about 11 :00 o’clock.
Q. What day was that?
A. Thursday.
Q. Was it Thursday or Friday?
A. Friday.
Q. What did you do then?
A. When I got to the house, I set down and rested and walked around a while. I went to my brother’s, and one of the boys works for a Jew, I think. I think he is a Jew or a gypsy. I told him I—
Mr. Stennis: We object.
The Court: Sustained.
Q. Were you arrested in Meridian?
A. Yes, sir.
Q. When were you arrested?
A. I was arrested Saturday evening, I guess about 3 :00 o’clock.
Q. Were you put in jail?
A. Yes, sir.
Q. Were you in jail on Sunday?
A. Yes, sir.
Q. Who came to see you there on Sunday?
A. A lot of people come there?
Q. Did you have any trouble there Sunday evening?
[fol. 72]
A. Yes, sir.
Q. What kind?
A. A whipping spell; Mr. Cliff tore me up.
Q. Tell us about that.
A. Yes, sir. Let me start back at the first where they arrested me. Mr. Cliff Dial and Mr. Poole, that big fellow there, and another fellow come there, Mr. Cliff and Mr. Poole come in the front door and this other fellow come in on the back, and they asked me what I was doing down here. I said that me and my old lady got into it. He said: “No, you didn’t. You helped kill Mr. Stewart,” and I said: “No, sir.” I stuck to it as long as Mr. Poole was with me. Mr. Poole carried me on to jail and give me to the jailer and he left and Mr. Cliff Dial and them . come back that evening and whipped me. First I tried to tell the truth, but he wouldn’t let me. He said: “No, you ain’t told the truth,” and I tried to stick to it. He whipped me so hard I had to tell him something. He said: “Ed Brown done told that you helped kill Mr. Raymond.” I said: “No, if there is a God in Heaven, I ain’t had nothing against Mr. Raymond. He could be at home walking around as far as I how.”
Q. Who was present when you and Mr. Cliff tangled up?
A. Mr. Guy Jack and Mr. Howard Nicholson and another tall fellow. I seen him here today, but didn’t either one hit me but Mr. Cliff.
Q. When you told them that you took part in this thing, I will ask you to state whether or not you told the truth.
A. No, sir. I was made to tell what I did.
Q. When did you see Mr. Adcock down there?
A. I believe that was Sunday night.
Q. Was it Sunday or Monday night?
A. I think it was Monday night.
Q. Did you make a statement to Mr. Adcock?
A. Yes, sir.
[fol. 73]
Q. You heard him testify here?
A. Yes, sir.
Q. Did you make the statement to him that he told the jury?
A. Yes, sir.
Q. Why did you make it?
A. Mr. Cliff put me across a chair three times. He put me across a chair and whipped me with a strop and said it was hurting. I said: “Mr. Cliff, I will tell the truth. I wasn’t in it.” He said: “You ain’t telling the truth.” He put me down the second time, and I tried to tell him the same thing, and Mr. Guy Jack said: “He is telling the truth,” and Mr. Cliff said I wasn’t. That’s the reason I told what I did.
Q. You told Mr. Adcock the same story the next day?
A. Yes, sir.
Q. Why was that?
A. Mr. Cliff told me if I didn’t tell Mr. Adcock and the other men he was going to whip me again. He said: “Henry, if you don’t tell them folks the same thing you told us, I will get meat again.” I had rather you all would kill me than let Mr. Cliff get me again.
Q. Is that your ax over there?
A. Yes, sir.
Q. Those overalls or jumper, is that yours?
A. Yes, sir, that is my jumper.
Q. Are those your overalls?
A. Yes, sir.
Q. And that is your jumper?
A. Yes, sir; Mr. Lundy Temple give it to me.
Q. What are those splotches of blood on it?
A. My mother-in-law give my wife some meat, and she wrapped it in that old jumper there.
Q. Tell the court whether or not you had that jumper on that particular day that Mr. Stuart was killed.
[fol. 74]
A. No, sir, I ain’t had that jumper on in a good while, because it ain’t worth wearing. This blood on my ax, I don’t know about it. Some fellow might have put it on there. I don’t know anything about Mr. Stewart’s death.
Q. I will ask you to state to the court and jury if you had a meeting of any kind with Ed and Yank on the day prior to the killing of Mr. Stewart?
A. No, sir.
Q. State whether or not it is a fact that you met them down there somewhere by a gate close to Mr. Stewart’s.
A. No, sir, I ain’t met them nowhere.
Q. Did you have anything against Mr. Stewart?
A. Not a thing.
Q. Did you live on his place?
A. No, sir. I lived on Mr. Earnest Temple’s place.
Q. Tell the court whether or not you promised Ed and Yank to help in the killing of Mr. Stewart for $12.00 each. State whether or not these men offered you any money to help kill Mr. Stewart.
A. No, sir, they ain’t offered me a penny. I told Mr. Adcock they offered me money. Mr. Cliff asked what the boys offered me and I had to tell him that, and he asked who hit Mr. Stewart with the foot-ax, and I had to tell that and I didn’t know a thing about it. I couldn’t hardly tell what room we went in because I don’t go around Mr. Stewart’s.
Q. I will ask you to tell the court whether you ever admitted to anyone that you struck Mr. Stewart.
A. No, sir, I ain’t hit him a lick. If I ever hit him, I hit you, and you know I ain’t hit you.
Q. Mr. Adcock and Mr. Stevens and the other man that you made the statement to on Monday evening, did they threaten you?
A. No, sir, not a bit.
Q. You made the statement to them just like they say?
A. Yes, sir.
[fol. 75]
Q. Tell just why you made that statement.
A. The reason I told Mr. Adcock that was Mr. Cliff told me if I didn’t tell them the same thing; he was going to beat me again, and I tried to stick to it. He ain’t told a thing I didn’t say to him, but it wasn’t so.
Q. Why did you tell it then?
A. I was made to tell it. If somebody else had come and arrested me and not whipped me and scared me up so, I would have stuck to what I said I tried. to tell the truth when they first arrested me, but they wouldn’t let me.
Q. Did he beat the blood out of you?
A. Yes, sir. The blood ran through my pants, and I had them washed and then I commenced bleeding again. I didn’t bleed much more, and I didn’t wash them any more.
Cross-examination.
By Mr. Stennis:
Q. When you talked to Mr. Adcock he told you that you didn’t have to talk?
A. Yes, sir.
Q. He told you that you didn’t have to tell a thing?
A. Yes, sir.
Q. Mr. Dial wasn’t there then?
A. No, sir.
Q. He told you that he wanted you to tell the truth?
A. Yes, sir.
Q. He told you he wanted you to make a free statement?
A. Yes, sir.
Q. He wasn’t forcing you to say anything?
A. No, sir.
Q. He told you that you were safe from danger then?
A. Yes, sir.
Q. And that he was going to protect you?
A. Yes, sir.
[fol. 76]
Q. Still you went on and told what he said?
A. Yes, sir.
Q. And you were telling the truth about it?
A. Yes, sir.
Q. What you told Mr. Adcock that Monday night was so?
A. No, sir, it wasn’t.
Q. What do you mean by saying it was and it wasn’t?
A. What are you speaking about?
Q. Mr. Adcock told you that he was going to protect you?
A. Yes, sir.
Q. And he wasn’t going to bother you?
A. Yes, sir.
Q. Mr. Stevens told you the same thing?
A. Yes, sir.
Q. And you believed them?
A. Yes, sir.
Q. You went right on and talked to them?
A. Yes, sir.
Q. You trusted them?
A. Yes, sir.
Q. You told them the truth, didn’t you?
A. Yes, sir.
Q. What about that ax? Do you say you hit your wife and got that blood on your ax?
A. I won’t say about that.
Q. Who was that you say you shot? Did you say Bob Cross?
A. No, sir. I didn’t shoot him.
Q. You told Mr. Daws you shot him?
A. No, sir.
Q. What was it you told him?
A. I told him I had had trouble with him.
Q. And you told him that you shot him?
A. No, sir.
[fol. 77]
Q. Did you have a brother in Meridian?
A. Yes, sir.
Q. How long had you been there when you were arrested?
A. I got there Friday and stayed there Friday night but never did go to his house until the next morning.
Q. You never did get there?
A. Yes, sir, Saturday morning, but I didn’t see him.
Q. That was where you were arrested?
A. No, sir, it was at another girl’s house in a little place called Drinkwater.
Q. Mr. Dial was one of those who arrested you?
A. Yes, sir.
Q. How long did you say it had been since you wore that jumper?
A. Ever since last year.
Q. Who was it that sent you meat wrapped in it?
A. My mother-in-law.
Q. What did you get from her?
A. The head and a piece of liver and back bone.
Q. How long was that before the killing?
A. You know when people kill hogs in the winter.
Q. That jumper had been laying in your kitchen ever since?
A. Yes, sir; it wasn’t any good.
Q. What did you do on Thursday?
A. I cut wood all day long.
Q. What time did you stop cutting?
A. A little before sundown.
Q. And then you went home?
A. Yes, sir.
Q. How far do you live from Ed Brown?
A. Just about a good mile.
Q. How far did you live from Mr. Raymond Stewart?
A. About three-quarters of a mile.
Q. You stopped cutting wood before sundown last Thursday?
[fol. 78]
A. Yes, sir.
Q. Did you have that ax there?
A. Yes, sir.
Q. You carried it home with you that day?
A. Yes, sir.
Q. That is the ax you used on your wife that night?
A. Yes, sir.
Q. Where did you leave it lying after you used it that night?
A. I left home, and she had the ax.
Q. I asked you where you left it?
A. She had it.
Q. I thought you said you hit her with it?
A. She grabbed hold of it. We had a tussle, and she
[the next 11 questions and answers are illegible]
A. Well, boss, I will tell the truth, just like I first started to tell it. I wasn’t there with them boys.
Q. They have told you that they killed Mr. Stewart?
A. No, sir.
Q. They said that you were present there, didn’t they?
A. No, sir.
Q. You never have heard them say that?
A. No, sir.
Q. Didn’t they say, Henry, on Monday night, didn’t you hear them say you helped?
A. Yes, sir, I sure did.
Q. Then you have heard them say it?
A. I thought you was talking about they told me alone.
Q. They claim they didn’t get any money; what about that?
A. I wasn’t with them. I will die with that.
Q. You told Mr. Adcock all that on Monday night?
A. Yes, sir.
Q. And you came up here yesterday, and didn’t anybody do anything to you?
A. No, sir.
Q. Mr. Adcock told you in Meridian he wouldn’t let anybody bother you?
A. Yes, sir.
Q. He told you that that night before he talked to you?
A. Yes, sir.
Q. You did the best that you could to tell him the truth?
A. Yes, sir.
[fol. 80]
Q. You stand on that now, what you told Mr. Adcock Monday night?
A. No, sir; I done got off of that now.
Q. Why did you change?
A. What I was telling Mr. Adcock, I was made to tell it.
Q. Who made you?
A. Mr. Cliff Dial.
Q. He wasn’t there on Monday night?
A. No, sir.
Q. Mr. Adcock talked to you that night?
A. Yes, sir.
Q. He told you that anybody wasn’t going to hurt you?
A. Yes, sir.
Q. You believed him?
A. Yes, sir.
Q. You just went on and told them the truth?
A. Yes, sir.
Redirect examination.
By Mr. Daws:
Q. When you say that you told the truth, do you mean to say you were telling the truth when you told that you participated in killing Mr. Stewart?
A. No, sir. I wasn’t telling the truth then. I don’t know nothing about it. I don’t know how come they put me in it, because I ain’t never harmed Mr. Raymond, and he ain’t never harmed me.
Q. Now, as I understand you, what you told Mr. Adcock wasn’t true?
A. Yes, sir, that’s right.
Q. You told Mr. Adcock just what he says you told him?
A. Yes, sir.
Q. You told it because of the beating that you received?
A. Yes, sir.
(Witness dismissed.)
[fol. 81]
YANK ELLINGTON, a defendant, after being duly worn, testified as follows:
Direct examination.
By Mr. Clark:
Q. Where do you live?
A. On Raymond Stewart’s place.
Q. Raymond Stewart or Mr. Raymond Stewart?
A. Mr. Raymond Stewart.
Q. What part of the County is that?
A. Kemper.
Q. In the eastern part of the County?
A. Yes, sir.
Q. How far is it from the line?
A. About two miles, I guess.
Q. How old are you?
A. Twenty.
Q. Are you married?
A. Yes, sir.
Q. How many children do you have?
A. Two.
Q. How old are they?
A. One girl two years old and a six months old baby.
Q. Where were you born and raised?
A. I was raised in Alabama
Q. In what County.
A. In Noxubee County, across the line in Alabama.
Q. How far is that from where you live now?
A. It is about three miles.
Q. How long have you been living on Mr. Stewart’s place?
A. About two years.
Q. Did you and Mr. Stewart have a falling out?
A. No, sir, none at all.
Q. About how far did you live from his house?
A. About a mile.
[fol. 82]
Q. How often did you go to his house?
A. Just now and then.
Q. How often?
A. I didn’t, go often.
Q. About how often?
A. I go about once a week.
Q. You farmed there, didn’t you?
A. Yes, sir.
Q. Where did you keep the mules that you plowed?
A. At my house.
Q. Do you remember when Mr. Stewart was killed?
A. Yes, sir.
Q. When was that?
A. It was on a Thursday.
Q. Last Thursday?
A. Yes, sir.
Q. Sometime last Thursday night?
A. Yes, sir
Q. That was a week ago today?
A. Yes, sir.
Q. Where were you on that night?
A. At home in bed with my wife.
Q. Did you have anything to do with that killing?
A. No, sir.
Q. When did you first hear about it?
A. That Friday after I come out of the woods from loading poles.
Q. What time was that?
A. About 12:00 o’clock.
Q. What did you do when you heard about it?
A. I went up there. Mr. Williams’ son asked me to come up there.
Q. What did you do when you got there.
A. I didn’t do anything but set down.
Q. Who all did you see there?
[fol. 83]
A. There was a heap more, besides me. There was Ellis Lee and a Simmons boy and some other boys.
Q. They are colored folks.
A. Yes, sir.
Q. Were there any white folks there?
A. There wasn’t anybody but Mr. Williams.
Q. Did you go in the house and look at Mr. Stewart?
A. No, sir.
Q. You just sat down there?
A. Yes, sir, out doors on a log.
Q. On Thursday, the day that it happened that night, what did you do?
A. I worked on the pasture that Thursday.
Q. Who was with you there?
A. Me and Ed Brown, Beth Shields and some others.
Q. Did you see Ed Brown that day?
A. Yes, sir, him and Mr. Raymond was fixing the gates.
Q. I thought you said he was working on the pasture.
A. No, sir. They was at the corner of the pasture, and after they got through with that him and Ed went to building on the gates.
Q. Did you see Henry Shields that day?
A. No, sir.
Q. Did you see him that night?
A. No, sir.
Q. Did you see Ed Brown that night?
A. No, sir.
Q. You say that you stayed at home that night?
A. Yes, sir.
Q. Who was there at your house?
A. I stayed at home in bed with my wife.
Q. Who was there besides your wife and children?
A. My mother-in-law and them.
Q. You are charged here with taking part in the killing of Mr. Raymond—
[fol. 84]
A. No, sir.
Q. I say you are charged with it; you are indicted along with these other two boys here.
A. Yes, sir.
Q. Did you help kill him?
A. No, sir, I didn’t help; I didn’t know anything about he was dead.
Q. When were you arrested?
A. Mr. Martin and them come and got me that night I was at home.
Q. What night was that?
A. Friday night they come and got me out of bed and carried me to the house.
Q. What house?
A. Mr. Raymond’s. They tied me up there with my hands together that way to a tree and whipped me.
Q. Who tied you?
A. Mr. Martin.
Q. Who was there in the crowd?
A. Mr. Martin and his boys and Mr. Hal Byrd and Mr. Cliff.
Q. Mr. Cliff Dial?
A. Yes, sir.
Q. What did they do after they tied you?
A. They whipped me good.
Q. Was that all?
A. They hung me twice; they pulled me up to a limb twice.
Q. What is the mark on your neck?
A. That’s where they pulled me up to the limb twice.
Q. That was done with a rope?
A. Yes, sir.
Q. They pulled you up twice on a limb?
A. Yes, sir.
Q. Did it hurt you?
[fol. 85]
A. Yes, sir.
Q. When they let you down, could you stand up?
A. Yes, sir.
Q. How long did they keep you swinging up there?
A. Not so long.
Q. Did you ever tell them you knew anything about it that night?
A. No, sir, I didn’t tell them nothing.
Q. What did they do then?
A. They turned me loose and told me to go home, and I just could get home.
Q. What did you do then?
A. I got in bed, and my wife rubbed me.
Q. How long did you stay there?
A. Until Saturday morning. Then I went to my father-in-law’s.
Q. Who carried you to Meridian?
A. Mr. Cliff and Mr. Russell.
Q. Mr. Russell who?
A. Mr. Russell what stayed on that place—Mr. Russell Dudley.
Q. What time did they take you to Meridian?
A. I don’t know exactly what time, but it was pretty early.
Q. Was it Saturday?
A. Yes, sir.
Q. After dinner or before?
A. Before dinner, I think.
Q. Which way did they carry you?
A. Through Gainesville.
Q. Is that the nearest way to Meridian?
A. Yes, sir.
Q. What did they tell you they were taking you that way for?
A. For safe-keeping.
Q. Did anybody bother you on the way?
A. After we got on the other side of Livingston, they took me out and whipped me again and told me tell what I [knowed] about it.
[fol. 86]
Q. Who did?
A. Mr. Cliff.
Q. What did you tell him?
A. I had to tell him. He asked who had the chisel, and he said I had it. I told him I didn’t, and he kept on beating me until I had to say I had it.
Q. What else did you tell? Did you tell about Ed Brown and Henry Shields?
A. Yes, sir.
Q. Why did you tell that? Did you tell it because he was whipping you?
Mr. Stennis: We object to that.
Q. Tell why you told that?
A. Because Mr. Cliff was beating me so hard I had to tell it.
Q. Did you tell him the truth or a lie?
A. I told a story because I didn’t know nothing about Mr. Raymond’s death.
Q. What time did you get to Meridian?
A. I don’t know exactly what time.
Q. Who do you reckon does know?
A. I guess he does. It was before sundown.
Q. On Saturday?
A. Yes, sir.
Q. Did you ever get any more whippings after that?
A. I didn’t get any more then.
Q. You didn’t get any more at all?
A. No, sir.
Q. You made your confession before you got to Meridian?
A. Yes, sir; he made me tell it.
Q. Were you there Sunday when Ed and Henry got their floggings?
A. I think I was there, but I was up stairs.
Q. You didn’t see that?
A. No, sir.
[fol. 87]
Q. On Monday night, Mr. Adcock. and Mr. Stevens, the Sheriff of Lauderdale County, and his brother and several others came in there and you talked to them?
A. Yes, sir.
Q. Did they threaten you in any way?
A. No, sir.
Q. They treated you nice?
A. Yes, sir.
Q. What did they say to you?
A. They asked me what did I do, and I was scared and went on and told about us killing Mr. Raymond.
Q. Did you tell it like Mr. Adcock and Mr. Stevens said?
A. Yes, sir, I told it that way.
Q. Was it true or not?
A. No, sir, that was a story.
Q. They told you that they were not going to whip you?
A. Yes, sir, but I was scared.
Q. What had Mr. Cliff told you?
A. He said if I didn’t tell [him] the same thing I told him, he was going to get on me again.
Q. And you did tell what they said you did?
A. Yes, sir.
Q. But you say that it was not true?
A. No, sir, it ain’t true.
Q. Did they whip you pretty bad?
A. Yes, sir; this side is swollen as tight as I don’t know what.
Q. Did they get any blood?
A. Yes, sir; I have got a bandage on it now.
Cross-examination.
By Mr. Stennis:
Q. Now, Mr. Raymond Stewart got the wrong information one time and accused you of stealing some cotton seed, didn’t he?
A. Yes, sir.
[fol. 88]
Q. He accused you of stealing it?
A. Yes, sir.
Q. But you were not guilty?
A. No, sir, I didn’t steal it.
Q. You didn’t like to be accused of stealing cotton seed when you were not guilty?
A. I told him I didn’t steal it.
Q. It kind of made you mad, didn’t it?
A. No, s[t]. It didn’t make me mad at all.
Q. But you didn’t like being accused of stealing it?
A. That’s right, but it didn’t make me mad.
Q. He kept on after you about it?
A. No, sir.
Q. When was the last time he mentioned it before his death?
A. It ain’t been mentioned no more.
Q. How long before he died had he talked to you about it?
A. He ain’t talked since the night I had the seed.
Q. You got the seed?
A. No, sir, I didn’t get them.
Q. How long was that before his death?
A. I don’t know.
Q. About a month?
A. It has been more than that.
Q. He had been after you about it several times?
A: Yes, sir.
Q. You told Ed Brown that you were going to kill Mr. Stewart if be didn’t quit fooling with you about it?
A. No, sir, I wouldn’t have killed him for nothing?
Q. You say that Mr. Adcock told it just like you told him?
A. Yes, sir, I sure told him.
Q. Were you there when Ed and the other boy got whipped?
A. I was there, but I wasn’t where they was.
Q. Could you hear it going on?
[fol. 89]
A. No, sir.
Q. You talked to Mr. Adcock the day that you were brought to jail?
A. Yes, sir.
Q. Then you were not brought until Monday?
A. No, sir, I sure wasn’t.
Q. You were not there when the other boys were whipped?
A. Let’s see.
Q. You were brought to jail the day that Mr. Adcock came down there?
A. Yes, sir.
Q. They told you that you didn’t have to tell anything, didn’t they?
A. Yes, sir.
Q. And they told you none of them were going to bother you?
A. Yes, sir.
Q. They told you they wanted you to tell the truth?
A. Yes, sir.
Q. And you went on and told it?
A. No, sir.
Q. Didn’t you know that you were getting in worse trouble in admitting that you did it?
A. But I didn’t kill him.
Q. You knew that you were safe there?
A. I was scared.
Q. You believed them when they said they were going to treat you right?
A. They sure told me that.
Q. You had confidence in them?
A. Yes, sir.
Q. And you told them the truth?
A. No, sir, I told a story.
Q. You admitted that you had a part in killing this man?
A. Yes, sir.
Q. Did you think that you would better your position any by telling it?
[fol. 90]
A. No, sir, I told a story.
Q. Did you think that you would be better off by telling a lie than if you hadn’t told it?
Mr. Clark: We object to telling a lie….
The Court: Overruled.
Q. You thought you would be safer to say you had a part in killing Mr. Stewart?
A. No, sir, I was scared.
Q. You were scared over there when you were strung up?
A. Yes, sir.
Q. You didn’t tell it then?
A. No, sir.
Q. Why didn’t you?
A. I tried to hold it; I told them I wasn’t in it.
Q. You tried to hold it back?
A. Yes, sir.
Q. You were scared over in Alabama, were you not?
A. Yes, sir.
Q. But you told it there?
A. After they whipped me so bad. I had to tell something.
Q. What was it you told them in Alabama?
A. I told them about me and Ed Brown was in it and that boy yonder, but that was a story.
Q. What did, you say about Ed?
A. They said: “What did Ed have to do with it? Didn’t he have the foot-ax?”, and I said he did.
Q. What did you have?
A. They kept whipping me, and I told them I had the chisel.
Q. What did you tell that Shield had?
A. I said I didn’t know, and they kept whipping me and said: “Didn’t Shields have an ax?”, and I said he did.
Q. What room did you tell that you put Mr. Stewart in?
A. I told we put him in the seed room.
[fol. 91]
Q. How did you know which room to say?
A. Mr. Williams called us up there that day.
Q. You just said that you said you used a chisel because Mr. Dial told you to?
A. Yes, sir.
Q. You told him where you put it?
A. Yes, sir. He asked did I lay it back on the box, and I had to tell him something.
Q. What did you tell him Mr. Stewart had in his pocket?
A. I didn’t tell nothing about what he had in his pocket.
Q. He didn’t say anything to you about what Mr. Stewart had?
A. No, sir.
Q. What did you tell about how much money you were going to get?
A. I told him I didn’t know anything about it.
Q. How much did you tell the Sheriff you were going to get?
A. I didn’t tell him how much.
Q. Did you tell the Sheriff or anyone else that Shields was to get part of it?
A. Yes, sir.
Q. How much did you say he was to get?
A. We didn’t have no certain amount.
Q. It was just going to be divided three ways?
A. Yes, sir.
Q. If it was $150 each man would get a third?
A. Yes, sir.
Q. You were going to share alike?
A. Yes, sir.
Q. That was the agreement you had before you went up there?
A. No, sir, I ain’t been up there.
Q. You worked for Mr. Stewart last year?
A. Yes, sir.
Q. You were in the cotton plow-up campaign?
A. Yes, sir.
[fol. 92]
Q. Ed Brown had some in it?
A. Yes, sir.
Q. Did you ask Mr. Stewart for your money on that?
A. No, Sir. I told him to take that $12.00: I told him I would give him the other when I sold the cotton.
Q. When was that!
A. The day I sold the cotton.
Q. How long was that before he died?
A. A long time. I give him $11.00; that was all that was coming.
Q. Did you give Ed Brown his check?
A. I don’t know.
Q. Now, you plead guilty here yesterday?
A. Yes, sir.
Q. You were not any different yesterday from what you are now?
A. Yes, sir.
Q. You were not scared then?
A. Yes, sir.
Q. You had two lawyers appointed for you?
A. Yes, sir.
Q. You came up here this morning and had two more?
A. Yes, sir.
Q. Mr. Dial didn’t do anything to you yesterday?
A. No, sir, but I was still scared.
Q. You came here today and after you had been in the Court room about half the morning, Mr. Dial hadn’t done anything to you?
A. No, sir.
Q. You never were scared of Mr. Adcock?
A. Yes, sir, I am scared of all white people.
Q. When you went up here where the beds are, you told Mr. Adcock you wanted to speak privately to him?
A. Ed Brown told him.
Q. You went off to speak to him?
A. No sir.
[fol. 93]
Q. You didn’t say anything at all?
A. No, sir, Ed Brown was the one that done the talking.
Q. You agreed with Ed?
A. Yes, sir.
Q. What did Ed tell him?
A. About his wife, but that was a story about between him and his wife; I couldn’t hear him good.
Q. Ed said what he said Monday night was so?
A. No, sir, it was a story.
Q. Ed told Mr. Adcock up here where the beds are that what you all had told him on Monday night was so?
A. Yes, sir.
Q. And you said: “Yes, sir, Mr. Adcock, we told you the truth Monday night.”
A. Yes, sir.
Q. That was at about dinner time?
A. Yes, sir, but we told a story.
Q. What prompted you to tell it?
A. I was scared.
Q. Are you scared now?
A. Yes, sir.
Q. Mr. Adcock didn’t even bring it up; you and Ed are the ones that brought it up?
A. Yes, sir.
Q. He hadn’t said a wor[k] to you about it?
A. No, sir.
Q. What else did Mr. Adcock say to you up there?
A. I think that was all he said.
Q. You haven’t told anything he said; what did he say?
A. He said he would have to see our lawyers, or something.
Q. Didn’t anybody do anything to you on Monday night ?
A. No, sir.
Q. After you got through talking, you told them you felt
[fol. 94]
better and asked for a cigarette?
A. I sure did.
Q. And they gave you a cigarette?
A. Yes, sir.
Q. Did you feel better?
A. A little better.
Q. You felt like you could sleep a little better, didn’t you?
A. I didn’t sleep none.
Q. You thought then that you were going to get some sleep?
A. No, sir.
Q. What was it that made you feel better?
A. After the other boys commenced telling it, after that we all agreed it was like that.
Q. You felt like you had it straightened out?
A. No, sir, it was sure wrong.
Q. You say you were scared. Which did you think was the worst, to be whipped some more or admit killing this white man?
A. I would rather be whipped, because I ain’t killed Mr. Stewart.
Q. You told them Monday night that there wasn’t anybody else in it except you three.
A. Yes, sir, that’s all.
Q. That was the truth?
A. No, sir.
Q. There were some more in it?
A. No, sir, there wasn’t anybody in it?
Q. You said there wasn’t anybody in it but you three?
A. I told it because I was scared.
Q. Mr. Dial didn’t make you say that, did he?
A. No, sir. I was scared.
Q. Why did you tell on the other boys? He didn’t make you tell on them, did he?
A. He whipped me until I had to tell something.
Q. Why did you pick these two?
[fol. 95]
A. Because they was already down there.
Q. You just put them in it with you?
A. Yes, sir. They put me in it, and after that they said:
all was in it but I come to find out that there ain’t none of them in it.
Q. When did you find that out—just a little while ago?
A. Yes, sir.
Q. That was the first time you heard them say that?
A. That Shields boy, I heard him say he didn’t.
Q. You heard him say Monday night that he did?
A. No, sir.
Q. Shields admitted going there to get some money out of it?
A. No, sir, I didn’t hear him say nothing about any money.
Q. He didn’t get any, did he?
A. We didn’t go and look for none, because I didn’t get out of my bed.
(Witness dismissed.)
Court here recessed until 8:30 A. M., March 26, 1934.
Mr. Stennis: Comes the District Attorney and informs the Court and defense counsel that the State now has available further and additional testimony for the State that was not available at the beginning of the trial. This testimony consists chiefly of finger prints taken from specimens found at the scene of the homicide. These defendants were arraigned in open court the day before trial commenced and all entered pleas of guilty. The work on the finger prints was not then complete, and it was not completed and available until Friday morning. It was therefore not available at the time that the State presented its case in chief. The State moves the Court to permit the introduction of this testimony either at this time or at a subsequent time during the progress of the trial.
Mr. Clark: The defendants object to this testimony because the State has closed its case, and this is an unusual line of testimony and the defendants have not had an op-
[fol. 96]
portunity to avail themselves of finger print experts who might know this line of testimony in order that they might contradict the testimony offered by the State. For that reason the defendants object.
Mr. Stennis: The District Attorney states that the reason that this testimony was not developed and available at the beginning of the trial was that the District Attorney was reliably informed that all the defendants had fully confessed to their implication in the crime, and the District Attorney himself had arraigned all three defendants in open court, and the defendants Ed Brown and Yank Ellington then and there entered pleas of guilty to the charge of murder, and it wasn’t considered necessary then to develop[e] the finger prints, and the State was therefore taken by surprise with the defense presented by the defendants.
The Court: Under the circumstances, it is of course out of order to present this now, but I can see how the state was misled as to the necessity of any such, testimony, and I think it is proper to admit it at this time for the benefit of everybody. Any light that can be obtained on this case should be given. As to the objection that they didn’t anticipate this evidence, this evidence shows that the impressions or whatever you call them were found at the scene. I think under the circumstances it ought to be admitted.
Mr. Daws: Now come the defendants and move the court to continue this cause for the reasons already assigned in the objection made by Mr. Clark.
The Court: I will give you time to get experts on finger prints if you want them if they are to be had, and I presume that they are. After this evidence is presented to the State, if you wish to rebut it, I will allow time to secure experts if they can be had within a reasonable time, and I will allow such a reasonable time. The motion is overruled.
Mr. Stennis: I will introduce this testimony now if the attorneys for the defendants are willing.
Mr. Clark: You may introduce it now if you wish, or you
[fol. 97]
can wait until later. It will take only a short time for us to finish however.
Mr. Stennis: All right, you finish your case first then.
ELLIS LEE GILES (Colored), a witness for the defendants, after being duly sworn, testified as follows:
Direct examination.
By Mr. Clark:
Q. Where do you live?
A. I live on Mr. Raymond Stewart’s place.
Q. How long have you been there?
A. I have been there about 17 years.
Q. You and Mr. Raymond were good friends?
A. Yes, sir.
Q. Do you know Henry Shields?
A. Yes, sir.
Q. Do you remember when Mr. Stewart was killed?
A. Yes, sir.
Q. Was that on Thursday night?
A. Yes, sir.
Q. Did you see Henry Shields that afternoon?
A. Yes, sir, I saw him first a little bit before sun-down.
Q. Where was he then?
A. He was at home then.
Q. How far did he live from Mr. Stewart’s home?
A. Well, just about a quarter of a mile, the best I can get at it.
Q. What was the occasion of your seeing him?
A. My wife went to her mother’s, and I started to see her. I stopped and played checks with him until first dark.
Q. With Henry Shields?
A. Yes, sir.
Q. Who else was there?
[fol. 98]
A. Wilson Campbell, Hervey Shields, Harry Carr and a fellow named George.
Q. You left there at first dark?
A. Yes, sir.
Q. Did you see Henry any more?
A. No, sir.
Q. Did you see Ed Brown or Yank Ellington that afternoon?
A. I saw them about 2:00 o’clock. We was working on the pasture together and after we left Mr. Raymond sent me and papa to the gate first, and he sent them another way and I haven’t seen them any more until yesterday. I saw them the day after the killing when we was all up at the house.
Cross-examination.
By Mr. Stennis:
Q. How far did you say this boy lived from Mr. Stewart?
A. As near as I can get at it, between a quarter and a half.
Q. How far did Shields live from Ed Brown?
A. A good half mile.
Q. Ed Brown lives close to Mr. Stewart too?
A. Yes, sir.
Q. You don’t know where he had been before you came along there?
A. No, sir, I don’t know where he had been, but when I got there he told me he had been cutting wood.
Q. You don’t know how long he had been at the house?
A. I and him met at the house.
Q. You came up there at the same time?
A. He came up on one side and I came up on the other.
Q. Which way did he come from?
A. From toward the public road just below Miss Ethridge’s.
Q. Is that in the direction of Ed Brown’s?
A. No, sir. Ed Brown lives to the west, and the direction he was coming from was the south, but he was near the house then.
Q. That was before sun-down?
[fol. 99]
A. Yes, sir.
9. Did he have an ax then?
A. I don’t know.
Q. You played checks until after first dark?
A. Yes, sir.
Q. And you left then?
A. Yes, sir.
Q. You don’t know anything about what happened after then?
A. No, sir, I never saw Henry no more until yesterday.
(Witness dismissed.)
KATE ELLINGTON (Col.), a witness for the defendants, after being duly sworn, testified as follows:
Direct examination.
By Mr. Clark:
Q. Do you know Yank Ellington?
A. Yes, sir.
Q. What kin are you to him?
A. That’s my husband.
Q. How long have you been married?
A. Three years.
Q. Where do you live?
A. We live on Mr. Raymond’s place.
Q. How long have you been there?
A. We been there about two years.
Q. You and Yank and Mr. Stewart got along alright?
A. Yes, sir.
Q. Have you ever had any trouble?
A. No, sir.
Q. Do you remember the night it is said Mr. Stewart was killed over there?
A. Yes, sir.
[fol. 100]
Q. What day of the week was that?
A. I don’t know what day of the week it was, but they said it was on Thursday night.
Q. Do you know where Yank was that night?
A. Well, Judge, I am going to tell the truth about that. When I laid down he laid down with me. He went to bed, and went to sleep, and if he left I don’t know nothing about it.
Q. Was he there when you woke up?
A. Yes, sir. He went in the woods to cut some poles to build a hog pen.
Q. You tell the jury that he stayed with you all night?
A. Yes, sir, I sure told them that.
Q. He stayed with you that night; how many children have you?
A. Two.
Q. Did you sleep sound that night?
A. Yes, sir. You know when you go to sleep, you go to sleep.
Q. If Yank left, you don’t know anything about it?
A. If he left, I don’t know nothing about it.
Cross-examination.
By Mr. Stennis:
Q. You went to sleep and woke up the next morning?
A. Yes, sir. He was at home when I woke up.
Q. You don’t know whether he got up and left between those times or not?
A. No, sir, I don’t know about that.
Q. There has been something said about folks getting after Yank the night that Mr. Stewart’s body was found. Mr. Cliff Dial took up for him, didn’t he?
A. Yes, sir.
Q. And protected him?
A. Yes, sir.
Redirect examination.
By Mr. Clark:
[fol. 101]
Q. He didn’t take up for him until after they handled him pretty rough, did he?
A. That night when they carried him to the house, he took up for him when they hung him twice. He didn’t let them do anything else after they beat him.
Q. Did he help hang him?
A. I don’t know.
Q. What kind of shape was he in when he got home?
A. He was beat pretty bad.
Q. How do you know Mr. Dial took up for him?
A. He told me. He said he told the men not to bother him no more.
Q. Did you see Ed Brown or Henry Shields that night?
A. No, sir, I ain’t seen none of them.
Recross-examination
By Mr. Stennis
Q. You say Yank told you himself that Mr. Dial took up for him and told them not to bother him any more?
A. Yes, sir, he told me that.
(Witness dismissed.)
IRENA BROWN (Colored), A witness for the Defendants, after being duly sworn, testified as follows:
Direct Examination.
By Mr. Clark:
Q. Do you know Ed Brown?
A. Yes, sir? He is my husband.
Q. How long have you been married?
A. 5 years.
Q. How many children have you got?
A. We ain’t got none.
Q. Do you know Henry Shields and Yank Ellington?
A. Yes, sir.
[fol. 102]
Q. Where do you live?
A. We stay on Mr. Raymond Stewart’s place.
Q. How long have you been there?
A. Two years, going on three.
Q. You and Mr. Raymond and Ed get along all right?
A. Yes, sir.
Q. Did you have any trouble?
A. No, sir.
Q. Do you remember the night that it is said Mr. Stewart was killed?
A. Yes, sir.
Q. What night of the week was that?
A. Thursday.
Q. Do you know where Ed was that night?
A. Yes, sir. After sundown we was on our way to a colored woman’s house and we met Mr. Raymond, and Ed had his pistol in his pocket.
Q. Whose pistol?
A. Mr. Raymond’s. We had been letting him keep it. When we met Mr. Raymond he spoke about it.
Mr. Stennis: We object to what was said.
A. We met him and Ed give him the pistol, and we went on to where we was going.
Q. Where did you go?
A. To Fannie Little’s.
Q. What time did you leave there?
A. Early in the night; we come on back together.
Q. What did you do then?
A. We set up and roasted sweet potatoes and then we both went to bed.
Q. What time was that?
A. Around 9:00 o’clock near as I can get at it.
Q. Did you go to sleep?
A. Yes, sir, I went to sleep.
Q. Did Ed get up that night?
A. Not as I knows of; if he got up, I don’t know it.
[fol. 103]
Q. When did you see him next?
A. When I got up. The sun was up when I woke up.
Q. Do you tell the jury that he didn’t leave the house that night, so far as you know?
A. If he left the house, I don’t know anything about it. I woke up that morning after the sun was up.
Q. Did you see Yank Ellington and Henry Shields that night?
A. No, sir, I didn’t see them at all.
Cross-examination.
By Mr. Stennis:
Q. You say that you and Mr. Stewart were good friends and that Ed and Mr. Stewart were good friends?
A. Yes, sir.
Q. You all have been living there a good while?
A. We have been staying there two years, going on three.
Q. Mr. Stewart let Ed work around the house and barn and trusted him?
A. Yes, sir.
Q. He let him carry the keys?
A. He didn’t let him tote the keys.
Q. He let him have them sometimes?
A. When he was at the house and locked the crib.
Q. Sometimes Ed forgot to bring them back to him?
A. No, sir, I don’t remember it.
Q. He would have them sometimes?
A. I don’t remember him having them.
Q. Sometimes he would have them around the barn and would bring them on home?
A. No, sir, I don’t remember him ever bringing them home.
Q. You went to sleep about 9:00 o’clock, you say?
A. Yes, sir, us got back about 9:00.
Q. Did you go right to sleep?
A. Yes, sir; I never woke up that night.
[fol. 104]
Q. Ed was still in bed when you got up?
A. Yes, sir, I left him in bed.
Q. How long had he had Mr. Raymond’s pistol?
A. Ed had done had it about two months.
Q. Did he have Mr. Raymond’s shot gun?
A. Yes, sir.
Q. How long had he had it?
A. He got it the first year we moved there.
Q. He had had it ever since?
A. Yes, sir.
Q. What did Ed do Thursday before the killing?
A. He worked on the pasture.
Q. Did he work on it the next day?
A. No, sir.
Q. What did he do on Friday?
A. That Friday morning I got up and cooked breakfast and he got up and washed his face and had breakfast and went up to Mr. Adams.
Q. What kind of work did he do?
A. He didn’t do any work. He was planning on going to Scooba.
Redirect examination.
By Mr. Clark:
Q. Where was Mr. Raymond’s sot gun that night?
A. There at home.
Q. At Ed Brown’s home?
A. Yes, sir.
Q. Where is it now?
A. I don’t know. Mr. Dudley taken it away Friday night, and I haven’t seen it since.
(Witness dismissed.)
Mary Shields (Colored),. a witness for the Defendants, after being duly sworn, testified as follows:
[fol. 105]
Direct examination.
By Mr. Clark:
Q. Do you know Henry Shields?
A. Yea, sir, he is my husband.
Q. How long have you been married?
A. Five years and four months.
Q. How many children have you got?
A. Two.
Q. Do you remember the night it is said that Mr. Raymond Stewart was killed?
A. Yes, sir.
Q. Where were you that night?
A. I was at home.
Q. Who was there with you if anybody?
A. After my husband left?
Q. Yes.
A. Judge Young and my two children.
Q. Did you and your husband eat supper together that night?
A. Yes, sir.
Q. What did he do that day?
A. He cut wood all day.
Q. For whom?
A. Yes, sir, he cut wood that day.
Q. Who else was there at the house that afternoon or night?
A. Ellis Lee Giles, Hervey Shields, Willie Shields, Harry Carr and John Tiller.
Q. What time did they get there?
A. After the doodle-bug run.
Q. Is that a train that you are talking about?
A. Yes, sir; it runs out of Scooba.
Q. What time of night does that get there?
A. I don’t know what time it runs.
Q. Was it at night or in the evening?
[fol. 106]
A. Yes, sir, it was the evening train going south.
Q. What did those folks do there at your house?
A. They played checks.
Q. How long did they play?
A. They stayed about an hour.
Q. Did they eat supper there?
A. No, sir; we had eat supper when they come.
Q. What happened after they left your home?
A. Me and my husband got into it.
Q. What do you mean?
A. We got into a fuss.
Q. Did he strike you?
A. No, sir, he didn’t hit me. He got an [e]x, to hit me, and I run and taken it and it knocked a place on my leg right there.
Q. Did it knock any blood out?
A. It knocked the skin off, and I put white [vaseline] on it.
Q. Show the jury that place,
A. Yes, sir, right there. It bled clean down to my feet.
Q. You all were scuffling over the ax when that happened?
A. Yes, sir, I taken the ax from him.
Q. What time of night was that?
A. About 9:00 or 10:00 o’clock.
Q. What became of Henry then?
A. He taken his clothes and left and said he was going to leave. I went to the door and told him if he was going to leave on that account, he just wanted to go. I said: “What am I going to tell Mr. Ethridge in the morning?” and he said: “I am going by to tell him.”
Mr. Stennis: We object to that.
The Court: Sustained.
Q. He left and took his clothes?
A. Yes, sir.
Q. When did you next see Henry?
[fol. 107]
A. The other evening when you all got me out there and brought me up here.
Q. That was the first time you had seen him?
A. That’s the first time I laid eyes on him since he left that night.
By Mr. Stennis:
Q. You say that you took the axe away from Henry?
A. Yes, sir, I certainly did.
Q. He wasn’t trying to hit you much, was he?
A. He must not to let me take it away from him.
Q. You had a baby in your arms then?
A. Not then. After the baby jumped up and cried after I taken the axe, I went and got her.
Q. What did you do with that axe?
A. I set it in the house.
Q. What became of it then?
A. The next morning the boy with us got up and split some wood.
Q. What was his name?
A. Judge Young; that is what his mother went by.
Q. As soon as you got the axe away from Henry you laid it at the side of the door?
A. Yes, sir.
Q. You didn’t have anything more to do with the axe?
A. No, sir.
Q. When you fell on the bench, it wasn’t the axe that hit you?
A. Yes, sir, I fell on the bench.
Q. Where was the axe then?
A. In my hand, I was taking it from Henry then.
Q. As soon as you got it, you threw it aside?
A. No, sir, I held it in my hand a while; I had it until Henry left.
Q. You were just holding that for protection?
A. Yes, sir, to keep him from taking it away from me
[fol. 108]
after he left I set it aside.
Q. After that you put some [vaseline] on your leg?
A. Yes, sir.
Q. You didn’t get any blood on the axe from your leg?
A. No, sir; if I did, I didn’t notice anything about it.
Q. You didn’t pick up the axe any more?
A. No, sir.
Q. This boy, Judge Young, cut wood with the axe the next morning?
A. Yes, sir, he split wood; it was sawed in fire lengths.
Q. Did he tell you why he covered the axe up out there?
A. No, sir. He left there and said he was going up to my mother’s house.
Q. Were you there when Mr. Lavander found the axe?
A. No, sir.
Q. You don’t know why that blood was on it?
A. No, sir.
Q. You didn’t put it on there?
A. No, sir; if I did, I don’t know nothing about it.
Q. What became of Bob Cross?
A. I don’t know; I couldn’t tell who it was?
Q. How many times did Henry shoot at Bob?
A. Not a time.
Q. He didn’t have anything to shoot with?
A. He didn’t have nothing to shoot with?
Q. And he didn’t shoot him?
A. No, sir.
Q. You say he carried his clothes with him; he didn’t carry his shoes, did he?
A. He didn’t carry his work shoes.
Q. Where did he leave them?
A. Sitting at the side of the dresser at home.
Q. He carried everything else that he had?
A. Yes, sir.
[fol. 109]
Q. He put on his Sunday shoes?
A. Yes, sir. He wore overalls and a jumper and a shirt and he got on away from there. He was toting his other shirts and Sunday pants.
Q. Whose jumper is that?
A. That is an old jumper that Mama give me fresh meat in; I put it down in the old dirty clothes bag.
Q. Whose jumper was it?
A. That’s my father’s old jumper what I got from my mother’s house with meat in it.
Q. When did that happen?
A. That was since Christmas.
Q. What was in it when it came to your house?
A. There was a piece of head in it and a piece of back bone and a piece of spare ribs.
Q. That was fresh meat?
A. Yes, sir.
Q. You say that it was since Christmas?
A. Yes, sir.
Q. Where did you put that jumper?
A. I throwed it in the dirty clothes bag.
Q. Whose axe is that?
A. That was our axe.
Redirect examination.
By Mr. Clark:
Q. When this boy came on you with that axe, did it have any blood on it?
A. No, sir, I don’t know; he had had it all day.
Q. Do you know anything about that new looking rust on it?
A. No, sir, I certainly don’t.
Q. It was right after Christmas that you brought that meat there?
A. Yes, sir.
Q. You hadn’t used that jumper since that time?
[fol. 110]
A. No, sir; I hadn’t ever even washed it.
Q. That was about Christmas week?
A. It was about two weeks after Christmas.
Q. And it hadn’t been used since that time?
A. No, sir.
(Witness dismissed.)
The defendants rest.
Mr. T. D. HARBOUR, a witness for the State, in rebuttal, being duly sworn, testified as follows:
Direct examination.
By Mr. Stennis:
Q. Where do you live, Mr. Harbour?
A. In Meridian.
Q. What kind of work are you engaged in?
A. I am with the police department identification bureau.
Mr. Clark: I want to object again to this testimony for the reasons given heretofore.
The Court: I overrule the objections for the reasons already given.
Q. You have charge of the identification bureau?
A. I have.
Q. You do finger print work?
A. Yes, sir.
Q. How long have you been engaged in this work?
A. In finger-print work about eleven years: I have been down there fourteen years.
Q. You prepared yourself and have been engaged in this work for eleven years?
A. Yes, sir.
Q. Are you qualified to make comparisons of fingerprints?
[fol. 111]
A. I am.
Q. Did you go to the scene of Mr. Raymond Stewart’s death and take any impressions there?
A. I went up there today a week ago.
Q. You went to his home?
A. Yes, sir.
Q. What object, if any, did you find there from which you took impressions?
A. A lamp and a lamp burner.
Q. Where was the lamp burner.?
A. The lamp and the lamp burner were in the seed house; that was a room in the house with the seed in it.
Q. Where was it when you picked it up?
A. It was about 30 inches from Mr. Stewart’s head.
Q. Was the body still there?
A. The body was just inside the door. There was a molasses barrel in there. The body was lying on its back with the legs pushed back four or five inches between where it was and the door.
Q. Tell what you did there and what later developed.
A. When I got there, Mr. Jenkins and myself and Mr. Kelly from Memphis and the Sheriff and several more were there; they told us there had been several people in the house but not in the room. They said that—
Mr. Clark: We object to that.
The Court: Sustained.
A. I went in the house at the back door near the well and observed a tool chest with the lid open. There was a sweet gum stick about five feet long sticking in this door.
Q. I just wanted you to tell what you did about taking finger-prints.
A. I didn’t take any impressions at the scene of the crime. I went in the door and picked up the lamp and the lock that was laying in the middle of the floor about four and a half feet from the tool chest. It was laying there
[fol. 112]
unlocked, and a chisel was laying on the left hand side of a tray of the tool chest. It looked like it was thrown down on top of the tool chest, and I picked that up and this lock and got the lamp and the burner. The burner and the lamp was together. I preserved that stuff and took it to Meridian and locked it up in order to get fingerprints of this stuff. That night I taken finger-prints of several negroes that the officers brought up there. There were impressions on this lock. This wick had cotton seed and blood all over the sides, and there was some on the lamp. This wick burner had been set afire from the under side; it was burned on both sides. When the burner is taken off, there are three or four finger-prints or impressions there; there is one and there is one and there is another one. When we got there the burner was unscrewed; whoever unscrewed it at that time, their hands were moist with perspiration. The lamp itself had cotton seed on it, but there are prints right in there and there and right there. That is a good print right there and there is another one. These prints here were taken at Mr. Stewart’s residence of Ed Brown and Yank Ellington, and Henry Shields print, were taken in my office on Saturday after I was in Mr. Stewart’s house on Friday. The print here on the lamp is Ed Brown’s right ring finger. There is a print under here under the bowl of the lamp of Ed Brown’s right forefinger and some other prints under it. The reason that the prints are not developed in a 24-inch frame is that when they talked to the negroes they confessed, and then they told us not to go any further with it. There are two prints here that go with Ed Brown’s card, one is his right ring finger and the other is his left fore-finger.
Q. You are certain that the print that you got off that lamp is the same as the prints that you took from Ed Brown?
A. Yes, sir.
Cross-examination.
By Mr. Clark:
[fol. 113]
Q. Nobody but you could tell whether that [ir] right or not?
A. Yes, sir.
Q. Another finger-print expert could?
A. I could make prints of this and enlarge it to where the ridges would be as large as a pencil, and you could swear that they are the same yourself. I could make them the same size and point out the characteristics to you; where you get the identification is inside the ridges.
Q. No two men have the same?
A. You identify them by way they turn, the pores, the sweat glands and the beginning and endings of the ridges.
Q. They have places to teach you this just like medical colleges?
A. Yes, sir. You have got to prepare yourself like a dentist or doctor or lawyer, but I can take that thing and enlarge the prints to such an extent that I can point out to you the characteristics in this particular print and on the one picked up at the scene of the crime.
Q. That doesn’t take experience to tell that?
A. Not after the prints have been prepared.
Q. Which was did you say was this boy’s print?
A. His right ring finger.
Q. All of these prints on this card are the same?
A. That is his right thumb, his forefinger, his middle, ring and little finger. Over here is his left hand.
Q. Who are other finger-print experts in Meridian? Are there others?
A. No, sir.
Q. Where is the closest one?
A. In Birmingham and New Orleans.
Q. Are there any in Jackson?
A. No, sir.
Q. Of course, you have no interest in this case?
A. Not a bit in the world.
[fol. 114]
Q. You are positive that these are Ed Brown’s prints on here?
A. There are other prints on there that I don’t know whose they are.
Q. But these are Ed Brown’s; you know that?
A. Yes, sir.
Q. You say you took these at Mr. Stewart’s residence?
A. No, sir. I carried those four articles to my office. When you go to a place like that, there are [som] many different chemicals and powders that you have to use, and there is a regular printing machine that you use.
Q. Has there ever been a case where finger-prints proved a failure?
A. No, sir; the only thing that is a failure in finger-prints is a crooked expert. There is no failure in finger-prints.
Q. How long would they stay on that lamp if it wasn’t molested?
A. Without doing anything to it?
Q. Without anybody touching it.
A. That depends on the climate, the weather, the temperature, moisture, heat and the surface that it is on.
Q. You wouldn’t be able to take a print then after a certain time?
A. No, sir.
Q. Would that print stay on this lamp?
A. The prints on the lamp had been crusted over; I imagine that was from the heat
Q. How long after the crime was it when you made the prints?
A. I got to Mr. Stewart’s house between four and five o’clock.
Q. In the afternoon?
A. We left there that night, and it was Saturday morning when I powdered the prints up and preserved them.
Q. Those prints that you said were Ed Brown’s, are they the same on the burner and the lamp too?
A. I didn’t go ahead and prepare those on the burner. The prints on the burner had been crusted over. It is the same as a greasy spot that will crust over and then finally dry up. That is the case there, and I imagine it was caused from the fire.
Q. Did you get any prints on the chisel or lock?
[fol. 115]
A. No, sir, I didn’t. There are some impressions on the lock; but the finger-prints of a man are very delicate and that lock is made of different little pieces put together. We have a process for leaving the prints just as they are, but I didn’t do that.
Q. Do you know what that lock came off of?
A. No, sir.
Q. You didn’t develop any prints from the chisel?
A. No, sir.
Q. You haven’t had time to do that?
A. No, sir.
Q. Tell whether or not from you experience with lamps whether that is a good object for prints or not?
A. Yes, sir that is good stuff there. Anything smooth is. Take when there is a little dust on a shoe [box] you can see the print of your hand on that. When you put your hand on that, you pick up the top of the dust. And when you your hand on a smooth object, that leaves an impression of your hand.
Q. You would consider that an unusually good impression?
A. Fairly good. I expect there are fifty different prints on there cross-ways and every other way. I didn’t pick out all of those. You have to pick out the furrows of each ridge there, and it takes time. If you cut out of the ridges you can’t put it back like it was.
Q. You say the records show that this is absolutely testimony.
A. Yes, sir.
Q. There has never been an exception to that?
A. There is about one chance in two hundred and fifty million chances of getting [unreadable].
Q. You said something about not having a chance to develop these into larger prints.
A. We have a regular printing machine which makes little prints; it makes prints [unreadable] inches by 3 ¼ inches. You
[fol. 116]
take that and put it in a [illegible] making it larger, and then take that negative and put in another camera and make it large enough so that you gentlemen can sit back there and see it.
Q. Is there anything incomplete about it now so far as you are concerned?
A. No, sir.
Q. You have completed your analysis of it?
A. I completed my part when I put those prints in there.
Q. You have reached you final conclusion?
A. Yes, sir.
Q. These specimens on the lamp, state whether or not they appeared to have been recently made.
A. They hadn’t been on there long. There was a crust over each one of them caused by the heat. Either old age or heat will cause a crust on them.
Redirect examination.
By Mr. Stearns:
Q. Is that Ed Brown, the defendant, that you are talking about?
A. That negro there smoking a cigarette.
Q. That is one of the defendants here?
A. Yes, sir.
Mr. Clark: Now comes the defendant Ed Brown and moves the Court to exclude this testimony because it is incompetent, irrelevant and immaterial and uncertain.
The Court: Overruled.
(Witness dismissed.)
Mr. L. G. TEMPLE, a witness for the State, in rebuttal, being duly sworn, testified as follows:
Direct examination.
By Mr. Stennis:
Q. Where do you live?
[fol. 117]
A. Scooba.
Q. Did you know Mr. Raymond Stewart during his lifetime?
A. Yes, sir.
Q. Do you know the defendant Ed Brown?
A. Yes, sir.
Q. At any time fairly recently have you been to Mr. Stewart’s house on any occasion that required him getting his keys?
A. Yes, sir.
Q. Tell about it.
A. I went to get some bolts to go in a cultivator; I went to his house and told him what I wanted. He said he didn’t have the keys—
Mr. Clark: We object to what he said.
The Court: Sustained.
Q. What time of the day was this?
A. About 10:00 o’clock when I went over the place.
Q. State whether or not he had to wait for the keys.
A. Yes, sir, about three or four minutes.
Q. Did he send for the keys or anything like that?
A. A fellow come along with them.
Q. Who was that?
A. Ed Brown.
Q. Tell whether or not he had Mr. Stewart’s keys?
A. Yes, sir, he give them to him.
Q. Where did Ed Brown have them?
A. In his pocket.
Q. Did Mr. Stewart go and get the bolts for you then?
A. Yes, sir.
Q. Where did he go?
A. To his room, and he went to his safe and unlocked his safe and got the bolts out. They was in a little square box about that wide and about 10 inches long.
Q. Did he use the keys in getting to where the bolts were.
[fol. 118]
A. Yes, sir.
Q. Did you notice whether or not he had any money in the safe?
A. Yes, sir, there was some money in the safe.
The Court: Was that an iron safe?
A. Yes, sir.
Cross-examination
By Mr. Clark:
Q. When did that happen?
A. That was a little more than two years ago now.
Mr. Clark: We move to exclude that because it is incompetent, irrelevant and immaterial.
The Court: Overruled.
Redirect examination
By Mr. Stennis:
Q. Was Ed Brown living on the place at that time?
A. Yes, sir.
(Witness dismissed)
Mr. T. H. NICHOLSON, a witness for the State, in Rebuttal, testified as follows:
Direct examination.
By Mr. Stennis:
Q. You are the marshal of the town of Scooba?
A. Yes, sir.
Q. Do you know the defendant here; Henry Shields?
A. Yes, sir.
Q. On last Sunday morning down at Meridian, in company with Mr. Cliff Dial and Buddy Gilbert, did you have conversation with this boy Henry Shields with regard to Stewart’s death?
Mr. Clark: We object; this is not in rebuttal.
Mr. Stennis: It is in rebuttal of what Henry Shields testified about the conversation they carried on. This is about the first confession.
[fol. 119]
The Court: I think it is competent.
Mr. Stennis: He testified at length what they told him.
The Court: With reference to the suggestions made to him?
Mr. Stennis: Yes, sir.
The Court: Overruled.
Q. Go ahead and tell the court and jury just how the boy Henry Shields was approached, what you said to him and what you did to him, if anything.
A. We went to the jail there and had this jumper and this axe that was found at Henry Shields’ house; we asked to see him and they brought him down.
Mr. Clark: We want it noted that we are objecting to all this testimony.
The Court: Objection overruled.
A.They brought him in and we presented the stuff to him and told him it was evidence enough to convict him, but what we wanted out of him was to know whether there was anybody in it with him. He denied having seen the jumper, but he said the axe was his. We talked to him at length there about it, and he wouldn’t admit knowing anything about it. Finally¾
Q. At that time you hadn’t talked to Ed Brown?
A. No, sir.
Q. And you hadn’t talked to Yank Ellington?
A. No, sir. At that time we had no idea who could have been in it with him; in fact we thought that—
Mr. Clark: We object to that.
The Court: Sustained.
Q. You didn’t have any information about anyone being in it definitely except for the axe?
A. That’s all we had to go by at the time. We asked if we might take him in the back room there—
Mr. Clark: We object to that.
The Court: Sustained. Of course, it would be incompe-
[fol. 120]
tent to admit any statements that he made. The only competent thing is to rebut the statement about suggestions made to him about who might be implicated.
Q. Without telling what he said, did he later talk to you gentlemen?
A. Yes, sir
Q. Did he tell you some things about Mr. Stewart’s death?
A. Yes, sir.
Q. Without saying what he told you, did you make any suggestions to him as to who was with him?
A. We merely asked him.
Q. Who did he say was with him?
Mr. Clark: We object.
The Court? Overruled.
A. Ed Brown and Yank Ellington
Q. Did you suggest to him about who went in any certain door of the house?
Mr. Clark: We object to the leading.
The Court: Overruled.
Q. Did you or anyone else suggest that to him?
A. No, sir. We asked what door he entered through and he stated that he entered through the west door by the chimney.
Q. Don’t tell what he said. At that time did you make any suggestion about anyone having picked Mr. Stewart’s body up and carried it in that room?
A. No, sir.
Q. Was there any suggestion made to Shields about what weapons they used!
Mr. Clark: We object.
The Court: Overruled.
A. No, sir.
Q. You didn’t know yourself, did you?
A. No, sir, we didn’t know what they used.
Q; Did you later talk to Ed Brown on that same occasion?
[fol. 121]
A. Yes, sir.
Q. About this killing?
A. Yes, sir.
Q. Did Ed Brown make any statements to you?
A. He did.
Q. Did you make any suggestions to Ed about the way that he entered or anything like that?
A. We merely asked to see if his story would che[kc] with Henry’s.
Q. He answered your questions?
A. Yes, sir.
Q. Did you make any suggestions to Ed about the axe or anything, like that?
A. There were no suggestions.
Q. About the foot axe or chisel or anything like that?
A. We mentioned the foot axe and chisel.
Mr. Clark: We object to that.
The Court: Overruled. I don’t know what he was going to say.
A. I think we a[ks]ed Ed if he used either one; the foot axe had been missing. The axe was found there with blood on it, and we asked who used those things.
Q. Did you ask Ed anything about the jumper?
A. We asked Henry about the jumper in Ed’s presence. Henry said the jumper belonged to Ed, and I asked Ed what about it, and he said: “Yes, sir, that is my jumper, but that negro had it on.” He said that he put it on to keep from getting his jumper bloody.
Q. Yank Ellington wasn’t there then?
A. No, sir.
Q. When you left those boys, Henry and Ed, did anybody tell them in your presence that they had to tell the same thing later?’
A. Nothing was said about that.
Q. Did Mr. Dial make any statement like that?
A. No, sir.
[fol. 122]
The Court: Ask if these were the first statements, so far as he knows, made by the defendants to anybody.
A. So far as I know, they were.
Q. The one Henry Shields made was the first one he made?
A. Yes, sir.
Q. Then the one Ed Brown made was the first that he made?
A. Yes, sir.
Cross-examination.
By Mr. Daws:
Q. Was that before or after the whipping?
A. That was after.
Q. Each of these three defendants had been beaten before the questions were propounded?
A. I don’t know anything about Ellington. I hadn’t seen him at that time.
Q. The defendants Ed Brown and Henry Shields had been whipped before the statements were obtained?
A. They had been whipped some, yes, sir.
Q. How long was that before they made these statements?
A. Well, at the time they made the statements there.
Q. They were whipped two or three times before any confessions were made at all?
A. No, they were only whipped once.
Q. That was in the jail in the city of Meridian, and you were present at that time? Who else was present there?
A. Cliff Dial and Guy Jack, Warren Campbell and myself when Henry was whipped: we four went in there, and Buddy Gilbert was in there when Ed was whipped.
Re-direct examination.
By Mr. Stennis:
Q. Is Mr. Campbell Warren the C[ha]ncery Clerk of Kemper County?
A. Yes, sir.
The Court: The objection is sustained to any statement
[fol. 123]
made at that time. The only purpose of this testimony and the only part that I admit is that these parties, witnesses and others, didn’t suggest to these defendants at that time what they should say with regard to how it happened, nor whom they should implicate and further that they were not told to stick to this tale. That is in contradiction of the defendants.
Mr. Clark: We suggest that you tell the jury to disregard that part of the testimony.
The Court: Gentlemen, you will disregard any part of this testimony shout the jumper and other such things except that they didn’t suggest to them what weapons were used and who was implicated and didn’t tell them to stick to this tale. The other is excluded.
Witness dismissed)
Mr. E. L. GILBERT, a witness for the State, in rebuttal, after being duly sworn, testified as follows:
Direct examination.
By Mr. Stennis:
Q. In company with Mr. T. H. Nicholson and Mr. Cliff Dial,:did you see the defendant here, Henry Shields, in Meridian last Sunday?
A. Yes; sir.
Q. Did you have a conversation with him regarding the death of Mr. Raymond Stewart?
A Yes, sir.
Q. I want you to tell what was said by you or the others present to this defendant, Henry Shields; in other words did you make suggestions to him about who was connected with this killing?
A. We went in there and sent and got Henry Shields; they brought him down to the front room and we sat down there and asked him a few questions and told him that he knew he did it.
Mr. Clark: I understand the only purpose of this is to show they made no suggestions.
[fol. 124]
A. We didn’t make any suggestions. We accused him directly and showed him the axe and overalls and jumper.
Q. Did you have any information then about who had committed the crime?
Mr. Clark: We object to that
The Court: I presume that he is going to say no.
A. No, sir, I did not.
Q. Did you at that time make any suggestions to him as to how this thing happened?
A. No, sir, not a thing.
Q. Did anybody else?
A. No, sir.
Q. Did you do so up until after he had made statements to you?
A. No, sir
Q. After you talked to him there, did you or anyone else in your presence tell him that he must tell it the same way later?
A. I don’t remember that. I will say “no” to that. We told him if he talked, that all we wanted was the truth, and if anybody else asked about it always tell that because that was the truth as he stated it.
Q. At that time were you inquiring as to whether anybody else was in it or not?
A. Yes, sir.
Q. Did he say anything about anybody else being in it?
A. Yes, sir.
Q. Did he name them?
A. He did.
Q. Who were they?
A. The Ellington negro and Ed Jones.
Q. Ed Jones?
A. Ed is his name.
Q. Is it Ed Brown?
A. Ed Brown.
[fol. 125]
Q. What is the Ellington negro’s given name?
A. He called him Yank, I think; his name is Arthur.
Q. Did you ask him to tell the truth?
A. I told him all we wanted was the truth.
Q. Did you tell him that if anybody else was connected with it, you wanted their names.
A. We wanted their names; we had no idea who they were.
Q. State whether he said that was all who were in it.
A. He said that was all. We questioned him three or four times and he said there was no one else.
Q. After you talked to Henry Shields, you talked to Ed Brown too?
A. We talked to him later.
Q. Did you make any suggestions to Ed with reference to entering the house or anything like that?
A. Yes, sir.
Q. You had already talked to Shields, then?
A. Yes, sir.
Q. Did you ask him about the lamp chimney?
A. Yes, sir.
Q. Had Shields been asked anything about how Mr. Stewart’s body was placed in the seed room?
A. Yes, sir.
Q. Had he been asked anything about the jumper?
A. Yes, sir.
Q. Was Brown asked about the jumper too?
A. Yes, sir.
Q. Now, when you were talking to Shields before he had talked to you, did you make any suggestions to him about who used the death instruments or what instruments were used?
A. I asked him who used the axe, because we had that.
Q. Did you name any other instruments to him?
A. I don’t think that we did; I did not.
Q. You had the axe there with you?
[fol. 126]
A. Yes, sir. I had it in my hand when I was questioning him.
Cross examination.
By Mr. Daws:
Q. Did you talk to Yank any?
A. No, sir.
Q. Ed Brown and Henry Shields had been whipped just before this happened?
A. I couldn’t swear about Henry.
Q. Can you swear about Ed?
A. Yes, sir.
Q. You were not present if Henry was whipped?
A. I was there, but I wasn’t where it was.
Q. Where the whipping was?
A. It sounded like whipping.
Q. They had Henry Shields in there?
A. Yes, sir, but I couldn’t swear he was in there then.
Q. When you asked Ed after he was whipped and during the time he was being whipped, you asked him about whether or not he used the axe?
A. I asked him what he used.
Q. He told you what?
A. He told me he used the foot axe; I believed he described it as a mad-axe.
Q. You told him then when you left that if anybody else asked him about it, he must always tell just what he told you all because that was the truth?
A. I didn’t say that.
Q. I will ask the stenographer to read that question and answer to us. (Stenographer reads) That is the way I understood the answer, Mr. Gilbert. Now, how long did you all stay there?
A. We stay there about and hour and a half, I imagine.
Q. How many times was Ed Brown whipped while you were there?
A. Well, he was whipped one time, but I don’t know how
[fol. 127]
many intervals there were. We told him any time he wanted to talk, we would let him up, and he got up.
Q. There were two or three intermissions or skips between the whippings?
A. Yes, sir.
Q. Did you tell him that Henry had already told it?
A. Yes, sir.
Q. He finally admitted if himself?
A. Yes, sir; he told the same thing Henry told.
Q. He didn’t tell that before he was whipped?
A. He told some before he was whipped.
Q. What did he say about it?
A. Do you want me to start at the first? He came downstairs and he didn’t know that Henry had been whipped, I don’t think, unless he heard it. We asked him some questions and told him we knew he was in it, that Henry had told the truth about it, and he said he didn’t know anything about it. Then we let him in there where Henry was, and when he saw Henry he said: “That boy has lied on me: he done it.” We asked why he knew that he did it and he said he was passing by or come by there and saw him.
Q. Saw him at the house?
A. Yes, sir.
Q. Mr. Stewart’s house?
A. Yes, sir. He said that the boy was lying on him.
Q. What did you tell Ed when you left with reference to telling anyone else?
A. I didn’t have anything to say to Ed.
Q. Did anybody in your presence that you remember?
A. No, sir.
Redirect examination.
By Mr. Stennis:
Q. You say that was before Ed was whipped that he told you there in Shields’ presence that Shields did it and that he saw him?
[fol. 128]
A. Yes, sir. We further asked how he saw them, and he said that he come by close to the back steps or window as he came by the house. We asked him why he hadn’t told that before, and he said they told him if he did, they would kill him and for him not to say a word about it.
Q. Who had told him that?
A. He said Henry, and I don’t believe he had implicated Yank at that time, but that was before any whipping.
(Witness dismissed.)
MR. CLIFF DIAL, a witness for the State, in rebuttal, after being duly sworn, testified as follows:
Direct examination.
By Mr. Stennis:
Q. After the death of Mr. Raymond Stewart did you endeavor to locate the perpetrators of this killing?
A. I did.
Q. On Friday night were you present when certain parties had the defendant Yank Ellington?
A. I was.
Q. Tell whether or not you took up for Yank and protected him.
A. I did. I told them that Mr. Stewart had asked me to take charge of the place, and I didn’t want any of the negroes beat up and that I didn’t believe this negro was guilty and I would rather they wouldn’t beat him up.
Q. That was on Friday night?
A. Yes, sir.
Q. After you intervened, what became of Yank?
A. He went home, or I suppose he did. I got them to turn him loose.
Q. He went on off then?
A. Yes, sir.
[fol. 129]
Q. I believe you arrested Ed Brown there the afternoon that the body was discovered?
A. Yes, sir; I did.
Q. You carried him to the Meridian jail?
A. I brought him to DeKalb.
Q. You later carried him to Meridian?
A. Yes, sir.
Q. Where did you find Henry Shields?
A. In Meridian.
Q. Do you know the name of the negro in whose house you found him?
A. Yes, sir; I found him at Ozie Carr’s house.
Q. When was that?
A. Friday evening about 2:30 or 3:00 o‘clock; we got in there around 11:00 or maybe 12:00 o’clock.
Q. Did you arrest him then?
A. Yes, sir.
Q. What, if anything, did he tell you about why he was down there, and what if anything did he say he had done to a negro by the name of Bob Cross?
A. He said first that he knocked his wife in the head with an axe and had shot Bob Cross.
Q. Do you know whether or not Bob Cross had been shot?
A. They say he hadn’t.
Mr. Clark: We object to that.
The Court: Sustained.
Q. Have you seen Cross yourself?
A. No, sir.
Q. What did you do with Shields then?
A. We taken him to police headquarters and Mr. Harbour taken his finger-prints and then we carried him to jail.
Q. Sunday afternoon in company with Mr. Buddy Gilbert and Mr. T. H. Nicholson, did you see Shields and Brown in the jail in Meridian?
A. Yes, sir.
[fol. 130]
Q. At the time you sa[y] Shields and Brown there, before you talked to Shields, did you know then who the perpetrators of the killing were?
A. No, sir; we thought we [knewed] Shields was guilty after we found the axe and jumper and after the way he done.
Q. Did you have the axe and jumper there with you?
A. Yes, sir.
Q. Did you have any knowledge of how it happened?
A. No, sir.
Q. In talking to Shields about it, did you make suggestions to him about how it happened?
A. No, sir. I told him myself he didn’t have to tell it. I said: “We have got plenty of evidence on you to break your neck, but we want you to tell who was with you.”
Q. Did you confront him with the axe and the jumper?
A. Yes, sir. He said it was his axe, but he denied owning the jumper. Later on he said it was Ed Brown’s jumper and that he put it on to tote Mr. Raymond into the seed room where they threw him.
Q. That was Shields who said that?
A. Yes, sir.
Q. When you were talking to Shields there, did you suggest to him anything about what kind of weapons he used?
A. No, sir; we asked what he used to kill Mr. Stewart.
Q. Did he tell you?
A. Yes, sir. He said they used a mad-axe, a chisel, and that standard was in there. Somebody took that out of the house; it goes in a hay frame. It was put away out there, and somebody took it out.
Q. What about the foot-axe?
A. We never did find it. He said there was one used, but we didn’t see it there anywhere.
Q. You couldn’t find it?
[fol. 131]
A. No, sir.
Q. Going back to the time that you talked to Shields, just tell whether or not you suggested to him— I believe you asked him about the weapons; did you suggest anything about the lamp chimney to him?
A. Yes, we asked how come that lamp chimney was there, and I think Henry said one of them knocked the chimney off and it broke on the floor. It was broke all to pieces on the floor.
Q. After you talked to Henry, did you talk to Ed Brown?
A. Yes, sir.
Q. What did he say about it before there was any whipping?
A. He said he wasn’t guilty.
Q. Were he and Henry together there when he said that?
A. Yes, sir. Henry kind of backed up from Ed and said: “Don’t let Ed bother me.” Ed kind of stepped up like he was going to hit him, and I said: “Get back; you can’t bother that boy.”
Q. Do you remember anything Brown said there before the whipping about whether or not Henry was guilty?
A. Yes, Ed said he come along there, he and his wife, that night from Fannie Little’s, and that they seen them come out the back.
Q. Who was that?
A. Yank Ellington and Henry.
Q. Henry Shields?
A. Yes, sir
Q. They told—he told you Henry Shields was there that night?
A. Yes, sir.
Q. Did any of you suggest to him anything about this foot-axe?
A. No, sir. We just asked what he knew about what they used to kill Mr. Stewart with.
Q. When you left there what did you say or anyone else in your presence say to any of them about telling it again?
A. We told them that if that was the truth to tell it, that all we wanted was the guilty parties and we didn’t want an innocent man in this thing. We told them if it was
[fol. 132]
the truth to stick to it and if it wasn’t we didn’t want an innocent man.
Q. Did you ask them if anyone else was in it?
A. We asked who was there at the killing.
Q. Did you talk to Yank after that?
A. Yes, sir.
Q. You took him into custody, I believe?
A. Yes, sir.
Q. Where did you find him?
A. At old man Campbell’s.
Q. What state was that in?
A. Alabama.
Q. When was it that you found him?
A. Monday morning.
Q. Where did you carry him?
A. To Meridian.
Q. On the way down there, did you strap him some?
A. Yes, sir. He denied it. He said that Ed and them were in it but that he stood around and held the light, and then he finally told what I thought was the truth about the thing.
Q. Did he say anything about holding the light before he was whipped?
A. Yes. He told them that night when they were after him that he seen Ed Brown kill him; that was Friday night.
Q. Yank told them that?
A. Yes, sir. He said he knew then it wouldn’t do to tell all of it.
Q. When did you get to the Meridian jail with him?
A. About 2:00 o’clock, I reckon.
Q. You were not there Monday afternoon when Mr. Adcock talked to them?
A. No, sir.
Q. When you left Yank or before you left him, did you tell him that he had to tell it the same way again
A. No, sir.
[fol. 133]
Q. What did you say to him, if anything?
A. I don’t remember if I told Yank anything about that; I told him all we wanted was the guilty man.
Q. After you talked to those two boys in Meridian Sunday morning or afternoon, you went and arrested Yank?
A. Monday morning, yes, sir.
Cross-examination.
By Mr. Clark:
Q. Now, when you went up there Friday night and befriended Yank, who had charge of him then?
A. A bunch of them was there; I expect it was 20 men.
Q. Were they whipping him?
A. It first started around the fire there. Sam Land and I went by the houses and told the negroes to come up there and then went down to Dan Camp’s and came back and they had Yank and Manny Brooks.
Q. Did they whip them in your presence?
A. Yes, sir.
Q. Did they hang him there?.
A. Well, you know they didn’t hang him. They pulled him up but they didn’t hang him.
Q. Of course, they didn’t kill him?
A. No, sir.
Q. How many times did they pull him up?
A. I didn’t see them pull him up but one time.
Q. Did they whip him any after they pulled him up?
A. Yes, sir.
Q. When did you first offer your friendship to him?
A. I begged them before they started not to beat the negroes up.
Q. But they wouldn’t listen to you?
A. No, sir.
Q. They whipped them a little anyhow?
A. Yes, sir.
[fol. 134]
Q. A right smart?
A. Not too much for a negro; not as much as I would have done if it was left to me.
Q. They whipped him and hung him up there, and you asked them to let him loose?
A. Yes, sir.
Q. And he went on home then?
A. I suppose he did.
Q. He left there?
A. Yes, sir.
Q. What did you say he told them before he left there?
A. That he seen Ed Brown kill Mr. Stewart.
Q. Did anybody ask him if he seen Ed kill him?
A. Yes, sir, some of the boys did.
Q They asked if he didn’t see Ed kill him, and he said, yes?
A. Yes, sir.
Q. That was after the whipping and after he was hung up there?
A. Yes, sir.
Q. He would have said that he did it if he had been asked?
A. I don’t think so; I think he would have had better sense than that.
Q. When was the next time that you saw him?
A. Monday morning.
Q. You went down to the Meridian jail and saw Ed Brown and Henry Shields?
A. I didn’t see Henry; I didn’t see Ed Brown Monday, but I saw Henry.
Q. When did you first see Ed Brown?
A. Sunday was the next trip down there.
Q. Ed denied it at first, didn’t he?
A. Yes, sir.
Q. He said that he wasn’t guilty?
A. Yes, sir.
[fol. 135]
Q. Shields denied it too?
A. Yes, sir, [s]t first.
Q. What did you do to them then?
A. We kind of warmed them a little—not too much.
Q. They said then that they were guilty?
A. Yes, sir.
Q. But they didn’t say it until after you warmed them up?
A. No, sir.
Q. Did they put Ellington into it?
A. Yes, sir.
Q. Did anybody ask them if Ellington was in it?
A. No, sir.
Q. They just voluntarily told that?
A. They just told who was in it; that was all we wanted to know.
Q. Do you remember asking if it wasn’t a fact that Ellington used an axe on him?
A. He used an axe?
Q. I mean Shields. Did you ask Ed Brown that?
A. I think he made that in one of his confessions.
Q. You wouldn’t be positive about that?
A. No, sir.
Q. Did anybody in your crowd ask if Ed used a foot-axe?
A. They claimed one of the boys said he had a mad-axe.
Q. You had missed that out of the wood box there?
A. Yes, sir.
Q. You knew that Mr. Stephens had one there?
A. Yes, sir.
Q. And some of you asked if Ed used it?
A. They said Ed carried it.
Q. Somebody in the crowd there suggested or asked him if Ed used the mad-axe?
A. I don’t remember.
Q. Did anybody in the crowd suggest to him that Henry
[fol. 136]
Shields used an axe on him?
A. Yes—no, I don’t remember Ed saying that Henry brought the axe with him.
Q. You don’t know whether anybody asked Ed if he hit with the axe?
A. No, sir.
Q. You went back and arrested Yank on what you got from these parties in Meridian?
A. Yes, sir.
Q. From Ed Brown and Henry Shields?
A. Yes, sir, absolutely.
Q. Where was it you found Yank when you went after him?
A. Down in Alabama.
Q. How far was it from Mr. Stewart’s place?
A. Three or four miles.
Q. What was he doing there?
A. Sitting down.
Q. You carried him on to Meridian?
A. Yes, sir.
Q. What did you say you did to him on the way to Meridian?
A. We stopped on the way and got water and stopped over there and talked to him about the thing, and then we strapped Yank a little bit.
Q. Did you tell him what the boys had told in Meridian?
A. Yes, sir.
Q. He said that was so?
A. Yes, sir.
Q. He admitted it himself after he had been strapped?
A. Yes, sir.
Q. He denied it up until then?
A. He said Ed was there.
Q. He denied Shields’ part in it and he denied his own part. Now, I don’t remember whether Mr. Stennis asked or not, but when you left the jail there Sunday, what did
[fol. 137]
you say; if anything or what did any of the parties say to these defendants about telling the same thing afterwards?
A. I think you asked that a while ago and I answered it.
Q. I forgot what you said.
A. We told them we wanted the guilty parties, and if that was the truth that was all we wanted.
Mr. Clark: We move to exclude all of the testimony of this witness for the reasons heretofore given.
The Court: I exclude everything but the statement of this witness, if he did make such a statement, that he didn’t lead this man in suggesting to him what weapons were used or who to implicate or to stick to the same talk. Everything that the boy told him is excluded.
(Witness dismissed.)
DR. WALL, a witness for the State, in Rebuttal, being recalled, testified as follows:
Direct examination.
By Mr. [Stennins]:
Q. Doctor, this jumper that has been introduced here, did you see it and make an examination of it some time last week?
A. Sunday afternoon.
Q. Where was it then?
A. Up in the Mayor’s office at Scooba.
Q. Did you examine the blood stains on that jumper last Sunday afternoon?
A. Yes, sir.
Q. Tell whether or not the blood stains were fresh then.
A. Yes, sir. I figured they wasn’t over at least three days of four days; it couldn’t have been longer than that.
Q. In your opinion, they couldn’t have been over three or four days old at that time?
[fol. 138]
A. Yes, sir, because at the time there were some clots here; that is just barely dried out now. When a garment that has blood stains on it is folded up or wadded up, the fluid part does not evaporate as fast as it would when hanging out like this. The water in blood in a normal person runs anywhere from 85 to 90 per cent and the rest of it is solid.
Q. If it was wadded up, it might last for several weeks then?
A. This showed moisture on it on Sunday afternoon.
Q. It showed signs of fresh blood?
A. Yes, sir.
Q. If it had been wadded up or folded up in a place for something like two months, what would have been the condition of the blood then?
A. The chances are in that length of time it would be dried pretty good, but all blood after it dries out takes on a rusty brown hue.
Q. It wouldn’t have any color after that?
A. It has that now.
Q. It didn’t have it Sunday afternoon?
A. Yes, air.
Q. Did you notice at that time any saliva or anything like that on this coat?
A. Yes, sir; it was dried about like that now. That could be saliva or the discharge from a person[’t] nose either.
Q. You made a rather thorough examination of this Sunday?
A. Yes, sir.
Q. You say the blood on it was not more than three or four days old then?
A. No, sir, it wasn’t. There was moisture in the garment at that time.
Cross-examination.
By Mr. Clark:
Q. I believe you say that after a certain length of time
[fol. 139]
blood takes on a brownish hue.
A. Yes, sir.
Q. Well, how does that look to you?
A. That looks more like it was from iron.
Q. Blood turns to that color after it gets to a certain age?
A. Yes, sir, it turns to a rusty brown color.
Q. And that looks like it was from iron?
A. Yes, sir.
Q. That is the same color as blood after it has been on a garment for some time?
A. I don’t know about that.
Q. That doesn’t look so brown there, does it?
A. No, sir.
Q. You can’t tell whether that is human blood or hog blood, can you?
A. No, sir.
Q. One man’s opinion about blood is about as good as another’s?
A. As to whether it is human or not?
Q. Yes, sir. That is true unless you use a microscope or something?
A. Yes, sir.
Q. This spot also is a brownish color?
A. I don’t know how this has been folded up. This is fresh blood here. That evidently was wadded up so that the fluid couldn’t evaporate.
Q. I[t] it was kept that way, three or four months, we will say, it would retain some of that fluid where the air couldn’t get to it?
A. It would be dried out. Where it is clotted, that dark blot in a lump there, it would show up more than where the fluid was spread out. That is the best that I can tell you.
Redirect examination.
By Mr. Stennis:
Q. Doctor, you examined this garment that Sunday and saw that blood; now, in your opinion as a Doctor, is that
[fol. 140]
fresh blood or had it been in there seven or eight weeks wadded up?
A. No,sir. I shouldn’t think it had; in fact, I know it hadn’t been, there that long.
Q. In your opinion, it hadn’t been in there over three or four days?
A. Something like that. I have had a good deal of experience along that line.
(Witness dismissed.)
The State rests.
The end.
Reporter’s certificate to foregoing transcript of testimony omitted in printing.
[fol. 141]
[File endorsement omitted]
IN CIRCUIT COURT of KEMPER COUNTY.
INSTRUCTION FOR THE STATE—Filed April 6, 1934
No.1
The Court instructs the Jury that Murder I[d] the killing o[d] a human being without authority of law and by any means and in any manner, when done with a deliberate design to effect the death of the person killed; and if the Jury believes from the evidence in this case, beyond a reasonable doubt, that the defendants, Ed Brown, Henry Shields and Yank Ellington, so killed the deceased, Raymond Stuart, then the Jury will find the defendants guilty of Murder.
Given.
[fol. 142]
Instruction for the State
No. 2
The Court instructs the Jury for the State that Murder is the killing of human being without authority of law by any means or in any manner, when done with the deliberate design to effect the death of the person killed. If the Jury believes from the evidence in this case beyond a reasonable doubt that the defendant Ed Brown, and Yank Ellington so killed the deceased Raymond Stewart, and that the defendant Henry Shields was present, aiding. abetting and encouraging said killing as aforesaid, then the Jury will find the Defendants, Ed Brown, Henry Shields and Yank Ellington, guilty of Murder.
Given.
[fol. 143]
Instruction for the State
No. 3
The Court charges the Jury for the State that a Criminal Conspiracy is an agreement of understanding planned and feloniously entered into by and between two or more persons whereby they confederate and agree to do an unlawful act, and the Jury i[d] further charged for the State that a criminal conspiracy may be proven by circumstantial evidence direct proof, or the acts and conduct of the alleged conspirators.
Given.
[fol. 144]
Instruction for the State
No. 4
If you believe from the evidence beyond a reasonable doubt that the defendants Ed Brown, Henry Shields and Yank Ellington, unlawfully and feloniously conspired to kill the deceased Raymond Stuart, then each is responsible for the act or acts, if any, of the other, done in pursuance of said conspiracy and if you believe from the evidence beyond a reasonable doubt that in [persuants] of said conspiracy, if any there was, the defendants or either of them, willfully, unlawfully, feloniously and of [malace] aforethought, killed the deceased Raymond Stuart in any, manner, than all are guilty of Murder under the law and you should so state in your verdict
Given.
[fol. 145]
Instruction for the State
No. 5
The Court instructs the jury for the State that you do not have to return the same verdict as to all the defendants.
If the Jury believes from the evidence in this case beyond a reasonable doubt that the defendants Ed Brown, Henry Shields and Yank Ellington are guilty they may return any of the following verdicts to-wit:
“We, the Jury find the defendant (or defendants naming them) guilty as charged in the Indictment,” in which event it will he the duty of the Court to sentence the defendant (or defendants) to be hanged.
Or “We, the Jury, find the defendant (or defendants) guilty as charged in the Indictment and fix the punishment at life in the State Penitentiary,” in which event it will be the duty of the Court to sentence the defendant (of defendants) to imprisonment in the State Penitentiary for life.
Or; “We, the Jury, find the defendant (or defendants) guilty as charged in the Indictment, but disagree as to the punishment,” in which event it will be the duty of the Court to sentence the defendant ([of] defendants) to imprisonment in the State Penitentiary for life.
But if there is left in your mind a reasonable doubt growing out of the evidence, or for the like of evidence as to whether the Defendant Ed Brown, Henry Shields and Yank Ellington are guilty or not, ypur verdict as to such defendant or defendants about whose guilt you have a reason-
[fol. 146]
able doubt from the evidence shall be:
“We, the .Jury find the defendant (or defendants naming them) not Guilty.”
Given,
[fol. 147]
[File endorsement omitted]
IN CIRCUIT COURT OF KEMPER COUNTY
Instruction for Defendants—Filed April 6, 1934
No.1
The Court charges the jury for the defendants that the fact that the three defendants are being tried under one indictment and one trial does not mean that you must return the same verdict as to all three. In other words, it is within your province and your province alone to determine the guilt or innocence of each of the defendants, you may, if you see fit, and if you believe from the evidence beyond all reasonable doubt that each of the defendants are guilty, return a verdict of guilty against each of the defendants, fixing the punishment as to each in the manner as set out in another instruction given in this case. Or, if there is a reasonable doubt in your mind from the, evidence of lack as to the guilt of each of the defendants it will as be your sworn duty to return a verdict of not guilty, to each. Or, if you believe one of the defendants are guilty and as to the other two there is a reasonable doubt in your mind as to their guilt, you may return a verdict of guilty as to one who you believe beyond all reasonable doubts to be guilty, and it will be your sworn duty to return a verdict as to the other two. Or, if you believe beyond all reasonable doubts from the evidence that there are two of the defendants guilty, and as to one there is a reasonable doubt in your mind as to his guilt, you may return a verdict of guilty as to two of the defendants, and it will be your sworn duty to return a verdict of not guilty as to the defendant about which there is a reasonable doubt as to his guilt.
[fol. 148]
Further thc Court charges you that it is within your province to fix a punishment of such defendant or defendants as you may believe beyond all reasonable doubt is guilty. You are not bound to fix the same punishment as to each defendant or defendants as you find guilty by your verdict. The punishment is left to your discretion and it is your province and your province alone to fix the punishment as to each of the defendants that you find guilty a separate instruction will be given by the Court touching the punishment that may be meted out, in event of a verdict of guilty.
The Court instructs you further that it will be your duty in considering your verdict as to the three defendants being tried, to consider the question of the guilt or innocence of each of the defendant separately. In other words, it is your duty not to pass on the guilt or innocence of all three at the same time, but is your duty to single the defendants out, passing at one time on the guilt or innocence of the defendant Ed Brown, and at [onother] time of the guilt or innocence of the defendant Henry Shields, and at another time on the guilt or innocence [of] of the defendant Yank Ellington. The fact that the court has named the defendants in order as above, does not mean that you shall consider their guilt or innocence in the order as named above, but it is your province to determine which shall be considered first. And you are charged that you must consider their guilt or innocence separately, one at a time and not as a class.
The Court charges you further, event that you find more than one guilty, but
that in event you find either or all of the defendants guilty, then it is in your province to fix a punishment as to such defendant or defendants as you may find guilty. It is not incumbered upon you to fix the same punishment as to each but the manner of punishment of each defendant found guilty is left solely to your determination. You don’t have to have any rea-
[fol. 149]
son for making distinction as to punishment in event that you find more than one guilty, but may, in the exercise of your own free will and [judment], fix a punishment as to such defendant or defendants as found guilty, whether the punishment be common as to, each or to be different as to each.
Given.
[fol. 150]Instruction for the Defendants
No. 2
The Court instructs the Jury that in the final analysis you are the judges and not the Court of whether you shall consider the allege confessions and you are instructed if the evidence is such that you are uncertain as to whether such confessions were induced by threats [coercoins] or force and are not true than you are not to consider same and this is true even though you believe no force or threats or coercion was used to obtain all the confessions, but if you are uncertain as to whether or not such threats, forced, coercion were in the minds of the defendants as a result of the force formally used against them, and that the confessions are not true.
Given.
[fol. 151]
Instruction for the Defendants
No. 3
The Court charges the Jury for the defendants an Indictment in this case is not evidence of guilt and you will not so consider it.
Given.
[fol. 152]
Instruction for the Defendants
No. 4
The Court charges the Jury for the defendants, the burden is on the State of prove beyond every reasonable doubt to the satisfaction of the minds of each and every Juror, that the defendants are guilty as charged in the Indictment, and after considering all the evidence in the case, or the lack of evidence, that there is a reasonable doubt in your minds as to the guilt of the defendants, then it will be your sworn duty to return a verdict of not guilty, and this is the law as to each of the defendants separately.
Given.
[fol. 153]
Instruction for the Defendants
No. 5
The Court charges the Jury for the defendants, that under the law the defendants are presumed to be innocent of the crime charged in the indictment and every element thereof; that the presumption is not a mere legal technicality but is a substantial right that goes with the defendants at every stage of the trial, and rises up to combat the testimony of the witnesses which tend to prove the defendants guilty, and on this presumption alone it is your sworn duty to return a verdict of not guilty unless you believe beyond every reasonable doubt that the defendants are guilty, and this instruction applies to each of the defendants separately.
Given.
[fol. 154]
Instruction for the Defendants
No. 6
The Court charges the jury for the defendants that you are the sole judges as to the weight of the testimony and credibility of the witnesses, and after consideration of the evidence in the case, that if you believe from the evidence that any witness has willfully, knowingly and corruptly sworn falsely to any material fact in the case then you may disregard the entire testimony of such witness, as you see fit.
Given.
[fol. 155]
Instruction for the Defendants
No. 7
The Court charges the jury for the defendants, that before you may return a verdict in this case as to the three
defendants, all twelve of you must agree as to the guilt or innocence as to each of the three defendants separately.
If after considering all the testimony in the case or the lack of testimony, there is a reasonable doubt in the mind of one or more jurors as to the guilt of either or all of the defendants, then it will be the sworn duty of such juror or jurors after a full and free consultation with his fellow jurors, to vote for an [acquital] as to such defendant or defendants as to the guilt which they may be a reasonable doubt, even though such action may result in a hung jury or mistrial as to one, two or each of the defendants.
Given.
[fol. 156]
Instruction for the Defendants
No. 8
The Court instructs the jury for the defendants that a confession solicited by threats or [coertion] or force intimidation is not legal evidence and if you have any reasonable doubt the so called confessions of the defendants resulted from threats, [coertion] forced or intimidation and are not true then you are not to consider same as evidence against the defendants.
Given.
[fol. 157]
Instruction for Defendants
No. 9
The Court instructs the jury for the defendants that all the testimony in regard to the finger prints and dying declarations should be subjected to the closest scrutiny by the jury and should be considered with great care and caution.
Refused.
Instruction for the Defendants
[fol. 158]
No.10
The Court instructs the jury that where it is once shown that force threats or intimidation caused one to confess, it is the presumption of law that any confession made thereafter was results of threats, intimidation and it is the duty of the State to convince the Jury beyond every reasonable doubt and to every moral certainty that any later confessions were not the results of threats, force or [coertion] and if your minds as to this waver and are uncertain, it is your duty to reject any substantive that might have been made by the defendants and in passing on this question, you are to take into consideration the fact that the defendants are illiterate negroes and it is easy to obtain confession from such class of people.
Refused.
[fols. 159 & 160]
IN CIRCUIT COURT OF KEMPER COUNTY
PETITION for Appeal—Filed May 5, 1934 [Title omitted]
To Hon. H. C. Anderson, Clerk of said Court:
The undersigned Henry Shields, Ed Brown and Yank Ellington, respectfully represent unto you, at the March 1934 Term of said Court of said County, they were charged in a joint Indictment for the Murder of one Raymond Stewart, and was brought to trial at said term; that they plead Not Guilty and a trial resulted and the three being tried jointly under one Indictment and the result of said trial was guilty as charged. The trial Judge, thereupon, sentenced each of them to Death by hanging, and the date of the execution fixed as May the 11 1934.
They respectfully represent that they desire an appeal from said judgment and sentence to the Supreme Court of the State of Mississippi as provided in the Statute of the State of Mississippi.
Respectfully submitted, Henry Shields, Ed Brown, Yank Ellington, by [Jno.] A. Clark, Attorney, by D. P. Davis, Attorney.