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Tinnie Lou (Putman) Sykes
May 28, 1893 - Nov 14, 1971
Mrs. Sykes
Services for Mrs. Tennie Lou Sykes, 81, will be Tuesday at 2 p.m. in
Corley Funeral Chapel.
Burial is to be in Brushie Prairie Cemetery.
Mrs. Sykes, a native of Dawson, had lived in Dallas since 1953. She
was a member of the Methodist Church.
Survivors include four sons, R. C. Sykes of Dawson, Ray Sykes of
Hillsboro, Lee and Wayne Sykes both of Kemah; three daughters, Miss
Juanita Sykes and Mrs. Lonnie Perkins, both of Dallas and Mrs. Cecil
Harrison of Houston; two brothers, V. E. Putman and George Putman
both of Dawson; three sisters, Mrs. Ida Nesmith of Dawson, Mrs.
Pearlie Phillips of Mexia and Mrs. Genila Sykes of Grapevine and six
grandchildren.
Nephews will be pallbearers.
Notes:
Edmond Dawson Sykes
Jun 15, 1882 - Jul 2, 1936
Died in Local Hospital.
E. D. Sykes of Hubbard City, died Thursday in the P. and S.
hospital. The body was taken to Hubbard City. He was the father of
Floyd Sykes of Corsicana.
Notes:
Candis Ophelia (Woods) Bratcher
Dec 13, 1894 - Jul 20, 1972
Mrs. Bratcher
Services for Mrs. W. L. Bratcher, 77, were at 3:30 p.m. Friday here
with Rev. W. O. Estes officiating. Burial was in
Brushie Prairie Cemetery with grandsons as pallbearers. She died Thursday.
Surviving are two sons, two daughters, nine grandchildren, four
great-grandchildren and three sisters.
Notes:
----
Funeral services for Mrs. W.L. Bratcher, 78, are
scheduled for 3:30 p.m. Friday in Corley Funeral
Chapel. Burial will follow in
Brushie Prairie Cemetery. She died Thursday morning in Corsicana.
She is survived by two sons, Jim Bratcher of Mertens
and G.W. Bratcher of Corsicana; two daughters, Mrs.
Alma Kendall of Corsicana and Mrs. Sue Adams of
Mexia; nine grandchildren; four great grandchildren;
and three sisters, Mrs. O.B. Walden of Itasca, Mrs.
Bill Shannon of Waco and Mrs. Clyde Scott of Grand
Prairie.
Notes:
Jewell (Key) Nutt
Jan 12, 1912 - Oct 7, 1972
Mrs. Nutt
Funeral services are scheduled for 2 p.m. Monday at Griffin Funeral
Chapel for Mrs. Jewell Nutt, 60, of Corsicana who died at her
residence Saturday morning.
Rev. W. M. Biggs, Rev. Hoyt Hefner and Rev. James T. Davis will
officiate. Burial will be in
Brushie Prairie Cemetery.
Survivors include her husband, J. S. Nutt of Corsicana; a son,
Freddy Nutt of Corsicana; three daughters, Mrs. Sonda Davis of
Corsicana, Mrs. Glenda Vandygriff of Corsicana and Mrs. Edna Kelly
of Farmers Branch; her parents, Rev. and Mrs. W. B. Key of
Corsicana; four grandsons; one granddaughter; a sister, Mrs. Sadie
Moore of Corsicana; and a number of nieces, nephews and other
relatives.
Pallbearers will be Leroy Barton, Charles Brannon, Sharror Trent,
Tommy Kemp, Johnny Wolley and Lynn McCarey.
Notes:
William Briscoe Key, Rev.
Mar 28, 1886 - Jul 20, 1977
Rev. W. B. Key
Services will be at 3 p.m. Friday at the Corley Funeral Home Chapel
for the Rev. W. B. Key, resident of Corsicana, who died Wednesday.
The Revs. Hoyt Heifner, J. T. Davis and W. M. Biggs will officiate,
with burial following at
Brushie Prairie Cemetery.
Survivors include his widow, Mrs. Jossie Key of Corsicana; a
daughter, Mrs. J. R. Moore of Corsicana; a sister, Mrs. Bertha
Burnham of Stanford, two grandsons, three granddaughters, and eight
great-grandchildren.
Notes:
-
The Corsicana Daily Sun
-
Thursday, July 21, 1977
- h/o Jossie (Bruton) Key married May 10, 1908 in Hill Co. Texas;
s/o William Austin Key & Hannah Ellen (Gibson) Key
- Submitted by Diane Richards
Mary Frances (Pruitt)
Moore-Raley
Jul 1, 1869 - Dec 18, 1936
MRS. W. A. RALEY PASSED AWAY FRIDAY; BURIAL ON SATURDAY
Funeral services for Mrs. W. A. Raley, aged 67 years, who died at
the family home in the Salem community near the Hill-Navarro county
line Friday morning at 7:30 o’clock, were held Saturday at noon at
Brushy Prairie where interment was made.
Mrs. Raley had been in ill health for some time, but her condition
did not become critical until a short time before death.
Prior to moving to the Salem community 16 years ago, the family had
resided in the Brushy Prairie community for a number of years.
Surviving are her husband, a son, Jim Moore, Dallas; two
step-daughters, Miss Della Raley, Salem, and Mrs. Cora Toten,
Emmett; two sisters, and a number of other relatives.
Mrs. Raley was an aunt of Mrs. K. A. Blakney of Corsicana.
Notes:
Louisa J. (Maxwell) Raley
Aug 12, 1847 - Aug 12, 1925
(Dawson Herald)
Grandma Raley Dead
Grandma Raley, who made her home with her son, Abe Raley of Brushy
Prairie community, died Wednesday morning at 11:15 o’clock. The
funeral service was held at Brushy Thursday afternoon at 3 o’clock.
Grandma Raley had been in very bad health for some time and her
death was no surprise. She had reached the age of 78, years on the
date of her death. We understand she is survived by six grown
children.
Notes:
James Mack "Jim" French,
Sr.
Jan 5, 1887 - Dec 29, 1950
Jim M. French
Funeral services for Jim Mack French, 62, of Eureka, who died in the
P. and S. Hospital Friday morning, were held Saturday at 3 p.m. from
the Brushy Prairie Methodist church.
Burial was in the
Brushie Prairie Cemetery. The rites were conducted
by Rev. G. W. French, Methodist minister of Fort Worth.
He was a native of Emmett.
Surviving are his wife, Eureka; six sons, R. D. and C. E. French,
both of Irving; J. M., Jr., and Maurice French, both of Eureka; J.
F. French, Corsicana, and Lonnie French, Mexia; three daughters,
Mrs. Edna Burrow and Mrs. Gladys Burge, both of Corsicana and Miss
Bonnie French, Fort Worth; mother, Mrs. Fannie French, Fort Worth;
four brothers, George French, Bristol; Troy French, Fort Worth; Sam
French, Dawson, and Carroll French, Chickasha, Okla.; seven sisters,
Mrs. Ruth Watts, Mrs. Eunice Smith and Mrs. Bettye Faulkner, all of
Fort Worth; Mrs. Allie Gober, Sweetwater; Mrs. Eva Haynes, Malakoff;
Mrs. Etta Moore, Dawson and Mrs. Lou Douglas, Chickasha, and other
relatives.
Pallbearers were H. E. Watts, J. C. Haynes, C. E. Faulkner, Leon
Smith, P. L. Burge and Preston Burge, Jr.
Corley directed.
Notes:
John L. Raley
Sep 1, 1895 - Nov 22, 1945
RITES ON SUNDAY FOR JOHN RALEY AT BRUSHY PRAIRIE
Funeral services for John Raley, 60, Tomball garage operator, who
died Thursday in a Conroe hospital will be held at the Brushy
Prairie church Sunday afternoon with interment in the
Brushie Prairie Cemetery. The Masonic Lodge will have charge of the rites.
Raley was reared in the Brushy Prairie community and formerly was a
member of the Corsicana fire department.
Surviving are a daughter, Mrs. Gilliam Wright; a sister, Mrs. K. A.
Blakney, both of Corsicana, and other relatives.
The funeral cortege leaves the McCammon Funeral Chapel Sunday
afternoon at 2 o’clock.
Notes:
--
JOHN L. RALEY OF TOMBALL DIED; BE
BURIED IN COUNTY
John L. Raley age 50 years, Tomball garage operator, died in a
Conroe hospital Thursday morning following an operation Monday.
Raley was reared in the Brushy Prairie community and formerly was a
member of the Corsicana fire department for several years.
Surviving are a daughter, Mrs. Gilliam Wright, Corsicana; a sister,
Mrs. K. A. Blayney, Corsicana, and several nieces and nephews.
He was a member of the Masonic and IOOF Lodges.
The body was brought to Corsicana and the funeral services will be
held Sunday at Brushy Prairie church with interment in the
Brushie Prairie cemetery.
The cortege will leave the McCammon Chapel at 2 p.m. Sunday. Masons
will have charge of the rites at the grave.
Notes:
----
FUNERAL SERVICES FOR JOHN RALEY WERE HELD SUNDAY
Funeral services for John Raley, aged 50 years, Tomball garage
operator, who died in a Conroe hospital Thursday following an
operation were held at Brushy Prairie Sunday afternoon with
interment in the
Brushie Prairie cemetery.
He was reared in the Brushy Prairie community and formerly was a
member of the Corsicana fire department.
Surviving are a daughter, Mrs. Gilliam Wright; a sister, Mrs. K. A.
Blakney, both of Corsicana, and other relatives.
The funeral cortege left the McCammon Funeral Chapel here at 2
o’clock Sunday afternoon.
The Masonic Lodge had charge of the rites. Raley also was a member
of the IOOF.
The services at the Brushy Prairie church were conducted by Rev. W.
M. Greenwaldt, pastor of the Central Methodist church in Corsicana.
Pallbearers were Randall Raley, Leo Raley, Darold Raley, Grady Dyer,
Weldon Plemmons and Herbert Plemmons.
Notes:
James Roy Coleman
Nov 28, 1945 - Dec 1, 1989
James Colema
James Roy Coleman, 44, of St. Louis, died Dec. 1, 1989, in St.
Louis.
Services are pending at Griffin Roughton Funeral Home. Burial will
be at the Cade Cemetery in Streetman.
He is survived by his wife, Sheila Coleman of St. Louis; one son,
Chris Coleman, one daughter Courtney Coleman of St. Louis, his
mother, Edith Coleman of Houston and one brother Gary Coleman.
Notes:
Francis Slocum “Sloc” Coleman
Oct 25, 1896 - Nov 6, 1959
F. S. Coleman Rites Sunday
Francis S. (Sloc) Coleman, 63, carpenter, died in Houston Friday.
Funeral services were held Sunday at 2 p.m. from the Cade chapel
with burial in the Cade Cemetery. The rites were conducted by Rev.
Russell Lovell and Rev. Leonard Lee, Baptist ministers.
Birdston Masonic lodge of which he was a member had charge of the
graveside rites.
Surviving are his wife Addie Coleman, Houston; two sons, Harry
Coleman, Old Ocean, and Frank S. Coleman, Pasadena; three
grandchildren, and a brother, James A. Coleman, Streetman, and other
relatives.
Pallbearers were Cooper Harris, H. A. Burleson, Ralph Sims,
Granville Tisdale, Pruitt Pillans and R. C.Cooper.
Griffin directed.
Notes:
---
F. S. COLEMAN DIES FRIDAY
Francis S. Coleman, 63, carpenter, died in Houston Friday morning.
Surviving are his wife, Mrs. Addie Coleman, Houston; two sons, Harry
Coleman, Old Ocean, and Frank S. Coleman, Pasadena; three
grandchildren and a brother, James A. Coleman, Streetman, and other
relatives.
Funeral arrangements had not been announced here early Saturday
afternoon but will be handled by the Griffin Funeral Home. Burial
will be at Cade.
Notes:
Mary Alice (Renfro) Taylor
Dec 7, 1893 - Dec 2, 1989
Mary Taylor
Mrs. Mary Alice Taylor, 96, died Dec. 2, 1989, at a local nursing
home.
Services will be 2 p.m. Sunday at Corley Funeral Chapel. Burial will
be at the Dawson Funeral Chapel. Burial will be at the
Dawson
Cemetery. The Rev. Paul S. Thompson will officiate.
She was born Dec. 7. 1893 in Dawson. She was a homemaker and a
member of the Dawson United Methodist Church. She was a lifetime
resident of Dawson.
Survivors include three sons, Carl S. Taylor and James Taylor, both
of Dawson and Lowell Taylor of Corsicana; daughter, Jean McBee of
Houston; nine grandchildren, five great-grandchildren and one
great-great-grandson and a number of nieces and nephews.
She was preceded in death by her husband James U. Taylor and a
daughter, Althea Turner.
Nephews will serve as pallbearers.
Notes:
Dewey Renfro
May 11, 1898 - Feb 16, 1970
Dewey Renfro Dies at Dawson
DAWSON (Spl)—Dewey Renfro, 71, retired Dawson farmer and rancher,
died early Monday in Memorial Hospital in Corsicana.
Funeral services will be held Tuesday at 3 p.m. at the First
Methodist Church here with the Rev. Gilbert Ferrell, the Rev. Roy
Davis and the Rev. Ernest Hewitt officiating. Burial will be in the
Dawson
Cemetery.
He is survived by his wife of Dawson; two sons, Charles M. Renfro,
Dawson, and Billy Joe Renfro, Houston; six grandchildren; one
sister, Mrs. Alice Taylor, Dawson; and one brother, Almer Renfro,
Dawson.
Pallbearers will be James Taylor, Carl Steen Taylor, Lowell Taylor,
Morris Renfro, A. J. Renfro, Charles Renfro, Rufus Renfro and Ted
Hull.
Notes:
James Aude “Audie” Washburn
Nov 7, 1883 - Dec 24, 1934
EXAMINING TRIAL FOR JIM GARRISON SET FOR THURSDAY
AUD WASHBURN SHOT AND INSTANTLY KILLED AT WILDCAT FERRY
Examining trial for Jim Garrison, 60, farmer, resident of the
southeastern section of Navarro of Navarro county, on a formal
complaint for murder in connection with the fatal shooting of Aude
Washburn, 51, near Wildcat Ferry, Monday, is scheduled before Judge
T. A. Crowley, Kerens justice of the peace, sometime Thursday, Cleo
G. Miller, criminal district attorney, announced Wednesday morning.
Judge Crowley announced the examining trial would be held as soon as
the witnesses could be procured.
The formal complaint was filed before Judge Crowley by A. H.
Holloway, Kerens constable.
Garrison, was arrested by R. A. McCarter, special Texas ranger, and
was turned over to county authorities and was placed in the county
jail. He still was in jail Wednesday.
Sheriff Rufus Pevehouse said the slaying occurred at the home of
Garrison. Officers said a shotgun charge took effect in Washburn's
chest.
Conflicting stories which could not be verified were heard in
Corsicana and Kerens relative to incidents immediately preceding the
trouble.
Funeral services for Washburn were held at Kerens Tuesday afternoon
at 2 o’clock with burial in the Kerens cemetery. Surviving are two
brothers, Charley and Bert Washburn, both of the Kerens community;
and a sister, Mrs. E. J. Gilbert, Wortham.
Notes:
COURTHOUSE NEWS
Criminal District Attorney's Office
Mr. Miles, one of the state witnesses in the case against Jim
Garrison, charged with murder, died near Wildcat Ferry Thursday,
John R. Curington, criminal district attorney, stated Friday.
Garrison is charged with murder in connection with the fatal
shooting of Aude Washburn near Wildcat Ferry several days ago.
Notes:
Habeas Corpus Filed on Friday For Garrison
A writ of habeas corpus was Friday morning for J. W. (Jim) Garrison
by his attorney, A. P. Mays, and District Judge J. S. Callicutt set
hearing for Thursday, January 17.
Garrison was indicted for murder by the grand jury Thursday in
connection with the fatal shooting of Aube Washburn near Wildcat
Ferry, Dec. 24, and had been remanded to jail without bail by
Justice T. A. Crowley of Kerens at the conclusion of an examining
hearing conducted several days ago.
Notes:
COURTHOUSE NEWS.
District court.
The habeas corpus proceedings hearing for Jim Garrison scheduled for
Thursday has been postponed until Saturday. John R. Curington,
criminal district attorney, stated Thursday.
Garrison is in jail on an indictment for murder in connection with
the fatal shooting of Aube Washburn near Rural Shade several weeks
ago. He was remanded to jail without bail and the habeas corpus
proceedings were instituted by A. P. Mays, defense attorney.
Notes:
HABEAS CORPUS PROCEEDINGS IN DISTRICT COURT
A habeas corpus proceedings hearing was in progress in the
thirteenth judicial district court before District Judge J. S.
Callicutt, Thursday, on behalf of Jim Garrison, charged by
indictment with murder, in connection with the fatal shooting of
Aube Washburn, 51, Dec. 24, 1934, at the home of Garrison near
Wildcat Ferry, in the extreme southeastern corner of Navarro county.
Garrison has been held in the county jail without bail since his
arrest shortly after the shooting of Washburn. At the conclusion of
an examining trial before Justice of the Peace T. A. Crowley of the
Kerens precinct, Garrison was remanded to jail without bail.
Garrison is represented by A. P. Mays while the state is being
represented by John R. Curington, criminal district attorney, and
Cleo G. Miller, special prosecutor.
Several witnesses testified at the morning session Thursday and
attorneys indicated that from the list of witnesses scheduled to be
heard, it was likely that the hearing would not be completed until
sometime late Friday or Saturday.
Both men resided in the same community.
Notes:
GARRISON ALLOWED BAIL IN SUM $5,000 ON MURDER CHARGE
IS CHARGED WITH KILLING OF AUDE WASHBURN IN EASTERN PART COUNTY
Jim Garrison, charged with murder, was allowed bail in the sum of
$5,000 late Thursday afternoon by J. S. Callicutt, judge of the
Thirteenth judicial district court, after a day's testimony had been
introduced in a habeas corpus proceeding brought to force the
granting of bail. It was agreed by the state and defense attorneys
that the testimony of another witness could be taken at a later time
and was heard Friday morning.
Garrison was remanded to jail without bail by Justice T. A. Crowley
after an examining trial hearing. Garrison was later indicted by the
Navarro county grand jury on a murder charge in connection with the
fatal shooting of Aude Washburn, Dec. 24, 1934, at the home of
Garrison, in the extreme southeastern portion of the county.
A large number of witnesses were heard Thursday in the habeas corpus
proceeding. The hearing had been scheduled for several different
times, but had been postponed on account of trials of suits in
court, and whether conditions which interfered with the witness
reaching Corsicana.
The state represented by John P. Curington, criminal district
attorney Chris L. Knox, assistant criminal district attorney; and
Cleo G. Miller, special prosecutor, formerly criminal district
attorney. The defense is represented by Mays and Mays.
Notes:
COURTHOUSE NEWS.
Sheriff's Office.
Jim Garrison was released on bond in the sum of $5,000 from the
Navarro county jail Friday night. This amount of bond was set by
District Judge J. S. Callicutt during a habeas corpus proceeding
after Garrison had been remanded to jail without bail on a murder
charge in connection with the fatal shooting of Aude Washburn, near
Wildcat Ferry, December 24, 1934. The habeas corpus hearing was
conducted Thursday and Friday in the district court.
Notes:
COURTHOUSE NEWS.
District Court.
The jury for the week was excused Wednesday morning until Thursday
morning at 10 o’clock when attorneys in a pending civil matter
decided to present the case before Judge J. S. Callicutt.
An affidavit for contempt of court proceedings was filed Wednesday
morning against Jim Garrison for alleged violation of an injunction
granted in the case of Mandie Garrison vs. Jim Garrison, divorce and
injunction, restraining and enjoining the defendant from disposing
of personal property. Judge Callicutt set the hearing down for
Saturday, Feb. 9.
Garrison is at liberty on bond in the sum of $5,000 following a
habeas corpus hearing last week on a murder indictment in connection
with the fatal shooting of Aude Washburn, near Wildcat Ferry, Dec.
24, 1934. the case is set for trial in the district court Wednesday,
Feb. 13.
A special venire for service in the Garrison case and another
special venire in the case of the State of Texas vs. Selma Burnett,
murder, will be drawn by District Judge Callicutt, Thursday, it was
stated Wednesday.
Burnett faces an indictment in connection with the fatal shooting of
Hugh Griffin at Blooming Grove, May 21, 1932. Burnett's case is set
for trial Wednesday February 6.
Notes:
JIM GARRISON ON TRIAL IN DISTRICT COURT FOR MURDER
PROSECUTION MOTION FOR CONTINUANCE OVERRULED BY SPECIAL JUDGE
The trial of Jim Garrison charged by indictment with murder, got
under way in the Thirteenth Judicial district court Wednesday
afternoon before Special District Judge Norris W. Lovett.
Garrison is charged by indictment with murder in connection with the
fatal shooting of Aude Washburn near Wildcat Ferry, in the extreme
southeastern corner of Navarro county, Dec. 24, 1934.
John R. Curington, criminal district attorney, called a list of the
witnesses and made a formal motion for continuance due to the
absence of a number of witnesses including one woman who is reported
in West Texas. the motion was denied by the Court. The request for a
list of state witnesses by Defense Attorney A. P. Mays, was complied
with.
The regular jury for the week and the special venire of
approximately 75 prospective jurors were ordered to report back at
1:30 o’clock by Judge Lovett.
The state is being represented by District Attorney Curington and
Special Prosecutor Cleo G. Miller, former criminal district
attorney, while the defendant is being represented by the firm of
Mays and Mays.
The defendant recently was released on bond in the sum of $5,000
following a habeas corpus proceeding brought before District Judge
J. S. Callicutt.
Notes:
ACQUITTAL MOTION IS OVERRULED TODAY IN GARRISON CASE
STATE RESTS AND DEFENSE TESTIMONY UNDER WAY IN MURDER TRIAL
A defense motion for an instructed verdict of acquittal was
overruled by Special District Judge Norris W. Lovett shortly before
noon Friday after the state had rested and defense testimony started
at 1:30 p.m. in the trial of Jim Garrison on a murder indictment in
connection with the fatal shooting of Aude Washburn, 51, at
Garrison's home near Trinity River, in the Wildcat Ferry community,
Dec. 24, last.
Six witness were heard for the state at the Friday morning session
of court. Those appearing on the witness stand included Chester Ray,
Kerens undertaker; A. H. Holloway, Kerens Constable; Earl Bruner, L.
M. Henderson and Jim Rowe. The shirt alleged to have been worn at
the time by the deceased, a shotgun and two shotgun shells were
introduced in evidence.
The introduction of testimony was punctuated to objections by
attorneys and the trial is being contested at many stages of
testimony.
The trial is attracting considerable attention and all available
seats in the courtroom and balconies are filled with interested
spectators while scores are standing in the aisles and about the
walls of the courtroom.
Argue Defense motion.
The jury was excluded from the room while the arguments of the
attorneys on the defense motion for an instructed verdict of not
guilty were heard. The defense maintained the state had failed to
show that the defendant was guilty and that the state also had
proven if Garrison had slain Washburn, it was justifiable; that by
the state's own testimony it had proven Garrison shot a hi-jacker in
self-defense;; and further that the state had not established a
motive or intent to kill Washburn.
The state attorneys pointed out that Aude Washburn and Jim Garrison
had been together a short time before the slaying; that later
Washburn's body was found in Garrison's home; that the defendant had
stated prior to his arrest that he had killed a man in his house and
that Washburn's lifeless body was found in the house; and that
witnesses had denied the defense contention that a hi-jacker with a
knife and wearing a mask had been reported by the defendant.
Chester Ray, Kerens undertaker, was the first witness Friday
morning. He testified he had been called to Garrison's home and
found the body of Aude Washburn about 3:15 o’clock on the afternoon
of Dec. 24, 1934. He said the body was lying on the floor in
Garrison's house, a one-room building on the Corsicana Wildcat Ferry
road, with the head within two inches of the stove. He described the
furniture, etc. in the building. He testified he did not make an
examination of the body until he had it taken to the undertaking
parlors in Kerens. Ray testified a double-barreled shotgun was lying
on the bed.
Described Wound.
The witness described a wound in the right chest below the
collarbone but did not probe in the wound or hold a post mortem
examination. He said it appeared to be a gunshot wound and not made
by a pistol. He said he did not find any knives or other weapons on
the body and there was no appearance of disorder in the house. The
undertaker said he found food in the mouth of Aude Washburn.
Under re-direct testimony, Ray said Garrison resided in a “shot-gun”
tenant house on the farm of Will Kerr within a few hundred yards of
Trinity river.
Under re-direct testimony, Ray said a shotgun exhibited by state
attorneys, looked like the one he saw at the Garrison's home.
The motion of Defense Attorney A. P. Mays to exclude the
introduction of the shirt in evidence as prejudicial was over ruled
by Judge Lovett.
Justice of Peace Is Witness.
T. A. Crowley, justice of the peace, at Kerens for the past six
years, was the second witness and the defense attempted to
disqualify him as he had brought the clothes of Washburn into the
courtroom while another witness was on the stand in what defense
Attorney Mays contended was in violation of the rule of witnesses.
Judge Crowley said he brought the clothes into the courtroom on the
order of the sheriff.
The Kerens justice said he held an inquest over the body of Washburn
about 3 o’clock. He explained the wound, etc., and said he saw a
shotgun standing beside the door. He positively identified the gun
exhibited by the state attorneys and said the gun had one empty and
one loaded shell in it. He said the left barrel had the empty shell
in it.
Under cross-examination, the witness said the gun had been in his
(Crowley's) and the sheriff's possession since the time of tragedy.
He said that he had never known of any previous trouble between
Garrison and Washburn.
Tell of Arrest.
A.H. Holloway, Kerens constable said he and Special Texas Ranger R.
A. McCarter went to Garrison's house about 2:30 o’clock. Holloway
arrested the defendant and turned him over to McCarter to bring him
to jail in Corsicana. He said Judge Crowley arrived about 40 minutes
or an hour after he (Holloway) reached Garrison's house. Holloway
related he went to the home of Mr. and Mrs. Reed and found Mrs.
Garrison there and then returned to the Garrison residence. Under
cross-examination, Holloway said Garrison made no attempt to run
away or evade arrest.
Visited Garrison's Home.
Earl Bruner, farmer who had visited at Garrison's house a number of
times said he was present at the scene of the slaying about 3
o’clock on the afternoon of the alleged slaying. He had hunted with
Garrison's shotgun and said the shotgun presented looked like the
same one he had hunted with. He testified the gun was sitting behind
a trunk in the corner of the room when he saw it. When he (Bruner)
came to Garrison's place he testified, Garrison was at the house of
R. B. Miles, now deceased, across the road from that occupied by Mr.
and Mrs. Garrison.
Bruner said he met Garrison and that Garrison talked about hunting,
etc., and didn’t say anything about any trouble in his (Bruner's)
hearing until after the officers arrived. He said Garrison did not
walk like a drunken man and carried on a sensible conversation, and
carried the two Hendersons to his smokehouse to look at his meat.
Under cross-examination, Bruner said he had used Garrison's gun and
squirrel gun and that (Garrison) was a good neighbor. He also said
he knew Garrison and Washburn drank liquor.
Tells of Conversation.
L. M. Henderson said he went to the scene of the trouble about 2 or
2:30 o’clock, Dec. 24, 1934, and that he was shown meat and lard in
the smokehouse by Garrison. He testified that Garrison told him a
man came in on him (Garrison) with a knife after his (Garrison's)
money and that he (Garrison) shot him. He said Garrison told him he
didn’t know the man he shot. Henderson said Garrison did not seem
alarmed; that Garrison had had a drink or two but talked all right.
Jim Rowe said he found Washburn dead in the house of Garrison. He
quoted Garrison as saying to him; “I killed a ------- ------
-------. He tried to rob me”
Could Walk All Right.
He said Garrison was able to talk all right; that he (Rowe) arrived
about 1 o’clock Christmas eve afternoon. He testified Garrison told
him he (Garrison) had killed a hi-jacker. The witness said he told
the defendant that he (Garrison) had killed Aude Washburn, but
Garrison replied he had killed a hi-jacker who was after him.
The witness denied anything was said about a mask.
Row testified he saw a jar two-thirds full of what he thought was
liquor under a table in the house. He said Washburn was dead and
plates were on the table.
Earl Bruner was recalled and said Garrison was married and that his
wife was not present when he arrived. The state rested at 11:24 a.m.
Thursday Afternoon Session.
Completion of a jury and the hearing of evidence from three state
witnesses, none eye-witnesses to the shooting, was accomplished at
Thursday afternoon's session of court. Garrison entered a plea of
“not guilty” when arraigned on an indictment, charging him with
murder, in connection with the fatal shooting of Aude Washburn, Dec.
24, 1934, at his (Garrison's) home near Wildcat Ferry. The
indictment was read by Criminal District Attorney Curington.
Forty veniremen were examined before the jury of twelve was
completed. The state exercised six challenges and the defense
excused seven while fifteen were excused for cause by Special
District Judge Norris W. Lovett.
The three remaining special veniremen and all of the jurors for the
week were finally excused by Judge Lovett after the jury was
completed.
Defense Attorney A. P. Mays challenged M. G. Deason of Blooming
Grove, due to the fact that the jury list carried his name as G. M.
Deason, but after the court had overruled the proposal, both state
and defense accepted him as the twelfth member of the jury. The jury
was completed at 3:25 o’clock Thursday afternoon and the
introduction of testimony started a short time after the
arraignment.
The rule was demanded and all witnesses, except Bert Washburn of
Kerens, brother of the deceased Aude Washburn were ordered excluded
from the room.
Brother Is Witness.
Bert Washburn, brother of the slain man, aged, 49, manager of the
Texas Power and Light company at Kerens, was the first witness to be
called. The examination of the witnesses Thursday afternoon was
conducted by Special Prosecutor Cleo G. Miller. Cross-examination
was carried on by Defense Counsel A. P. Mays.
Washburn testified that Aude Washburn was 51 years of age and had
lived with him (Bert Washburn) for a number of years until the past
December when he (Bert Washburn) rented a farm near Wilcat Ferry and
sent his brother to the place to be in charge. The far was 41/2 or 5
miles south of Rural Shade, the witness said, and Jim Rowe was
staying with the deceased. He said he saw his brother the day prior
to the shooting. The witness said he didn’t know the defendant.
Under cross-examination, Washburn said his brother, Aude Washburn
had never married, and also was a heavy drinker.
Visited Garrison Home.
White West, 35, married, resident of the Rural Shade vicinity,
testified that he had known Jim Garrison and Aude Washburn seven
years. He said he had visited in Garrison's home and had had
“business dealings with him.” He related he saw the two men on Dec.
24; that as he (West) passed Garrison's place he saw him (Garrison)
in his (Garrison's) door with a horse saddled in the yard; later saw
Garrison riding horseback 200 or 300 yards behind him (West) in the
road but didn’t catch up with him. He said he met Washburn in a
trailer with two mules hitched to it near the home of Tom Combs,
spoke and drove by. He (West) testified that he later looked back,
saw Garrison tie his (Garrison's) horse to the back of Washburn's
trailer and get in the trailer with him (Washburn) and put his arm
about Washburn's neck. He said this occurred about 11 o’clock in the
morning, and was about 1 ½ or 2 miles from Garrison's home.
Cross-Examination.
On cross-examination, the witness admitted that he had taken drinks
with Garrison and also stated that Garrison and Washburn were good
friends ant that he had never heard of any trouble between them and
had never known of any known of any trouble between the two men, and
saw no indication of any trouble or ill feeling between the two men
as they rode together down the road toward Garrison's residence.
John Reed, who resided two miles from Wildcat Ferry, former of Rural
Shade, said he knew both men and that he was a neighbor of Garrison.
He testified he met the two men in the trailer the morning of the
shooting in the road within a half mile of Garrison's home. He said
the trio were old friends and talked joked for a time and took two
drinks of whiskey from a half-gallon fruit jar. Reed was about 100
yards from his residence and said he laid a number of traps in the
trailer while they were talking about “old times” and “what good
friends we were.” He said he was told that Washburn was going to
Garrison's home for dinner.
Reed said he did not see any gun in the trailer and also that he did
not consider either man drunk.
Under cross-examination, Reed said that Washburn remarked;
“Uncle Jim (Garrison) is the best friend I’ve got in the world.”
Reed said he went home and heard of the shooting within an hour.
The jury was instructed not to read newspapers unless any reference
to the trial had been deleted. Court adjourned at 4:37 p.m. until
9:30 a.m. Friday.
The jury in the case is Pete Goodin, Navarro; R. M. Fulton, Blooming
Grove; Alex Bryant, Blooming Grove; Wayne Elrod, Drane; Tom Hardan,
Pursley; A. J. Chamberlain, Frost; Don Sawyer, Richland; T. C.
Dillard, Corsicana; J. M. Harvard, Navarro; A. E. Drain, Emhouse;
John Garner, Sr., Corsicana; and M. G. Deason, Blooming Grove.
Notes:
TESTIMONY ENDS IN GARRISON TRAIL AS DEFENSE RESTS CASE
JUDGE ADJOURNS COURT UNTIL MONDAY WHEN CHARGE WILL BE PRESENTED
Testimony in the trial of Jim Garrison, 62, on trial in the
Thirteenth judicial district court on a murder indictment in
connection with the fatal shooting of Aude Washburn near Wildcat
Ferry, Dec. 24, 1934, was abruptly ended early Saturday afternoon
with the unexpected announcement from Defense Counsel A. P. Mays
that the defense rested and would not put on additional witnesses.
The morning session of court had been used in rebuttal testimony was
expected at the afternoon sessions.
Special District Judge Norris W. Lovett adjourned court until Monday
morning at 9:30 o’clock at which time he will present his charge to
the jury and the arguments of attorneys is expected to follow
immediately. The court announced that an addition to the regular
charge, he would include D. Ts and alcoholic hallucinosis was
insanity, that drunkenness was no defense for crime, and also would
charge on exculpatory statements and self defense.
Seven state rebuttal witnesses were used Saturday morning, five
saying Garrison's reputation as a peaceful, law-abiding citizen was
bad and the other two testified they had known Garrison for years
but couldn’t testify about his reputation.
The courtroom was filled to capacity an hour before the afternoon
session started and many did not go for lunches for fear that would
lose their vantage seats for the afternoon court procedure.
It was elicited from the state witnesses by defense counsel that the
defendant drank liquor, had engaged in several personal
difficulties, but none of their own knowledge knew whether the
defendant was justified or not.
The defense attempted to keep the state from introducing testimony
on the general reputation of the defendant due to the fact that the
state had not brought this phase out in direct examination before
resting the case the first time. The motion was overruled by the
Court and the jury was brought back into the courtroom.
Witnesses Testifying.
Those testifying Saturday morning included L. M. Henderson, J. R.
Bruner, D. E. Morton, Dick Holloman, R. B. Blissett, Tom Collins and
Judge T. A. Crowley (re-called). Holloman and Blissett testified
they had known the defendant for a number of years but did not know
his general reputation.
Judge Crowley admitted under cross-examination that he was friendly
to the prosecution and said he had fined Garrison on an assault case
several years ago after the case had been transcripted to the
district court and returned. He admitted he had heard of trouble in
which Garrison was involved including a fight and cutting scrape but
no complaints or arrests were made out of his court in these
connections.
Knew Garrison 25 years.
Collins testified he had known Garrison for 25 years and that
Garrison had been in trouble and that his reputation was bad before
Garrison went to Rural Shade. He admitted that he (Collins) was a
close friend to the Washburn Brothers.
Morton said he had heard Garrisons reputation discussed before the
shooting and heard of threats made by the defendant, but had never
heard him carrying out threats.
Henderson testified that he had seen Garrison about his gin at Rural
Shade when he was not drinking.
After five witnesses had testified, Cleo G. Miller, special
prosecutor, announced the state would rest with provision additional
character witnesses be allowed to be heard later. The defense
declined to agree to this proposal and the trail was halted for
about a half hour.
Courtroom Crowded.
The courtroom was filled with interested spectators at Saturday
morning's session, but the aisles and balconies were not jammed as
Friday afternoon.
Defense Counsel A. P. Mays said shortly before noon that the
completion of testimony would be accomplished during the afternoon.
It is highly probable, according to attaches of the court, that the
charge of the judge will be prepared during the week-end and
arguments of the attorneys given probably Monday afternoon, with the
case likely not to be given the jury before late Monday or Tuesday
morning.
Friday Afternoon's Session.
Jim Garrison, the defendant, testified Friday afternoon on his own
behalf and remained on the stand for one hour and 30 minutes. He
related incidents and occurrences of the morning prior to the
shooting of Washburn, and declared that he did not shoot Washburn,
but shot at a masked man advancing on him with a knife in his hand
who failed to heed his command to stop. Four local physicians
testified relative to “D.T.'s” and alcoholic disturbances caused by
excessive use of liquor.
The defense rested shortly before the court recessed Friday
afternoon. The jury was excluded on several occasions while opposing
counsel argued various points of evidence and procedure.
Garrison said he had never been convicted of a felony, was a native
of Arkansas, but had resided in Texas since 1882. Most of the time
since then having been spent in Navarro county. He said he resided
in the Wildcat Ferry community for the past 12 years.
Regular Liquor User.
The defendant said he had been a regular liquor drinker for the last
15 or 16 years and for a year prior to Christmas Eve Day, 1934, had
drunk more or less every day—from one-half pint to a quart of
home-made whiskey.
Garrison said for a week or ten days prior to the time of the
shooting, he had been unable to rest at night, had no appetite. He
recounted trouble with a man named Hardin and that at night he
thought he could see Hardin's face, and hear him talking outside of
his window. He also said at times he imagined he was being poisoned,
and saw snakes in his home.
The Witness testified that he had known Washburn for 8 or 9 years
and that he (Washburn) was as good a friend as he (Garrison) had
ever had—they had never had any trouble or “falling out.”
“I had no reason or intent to kill Washburn,’” Garrison said.
The defendant testified he arose on the morning of December 24, fed
his mules, drank a cup of coffee and saddled his horse. He said his
enemy, Hardin, passed his house in a car going toward Rural Shade
and about an hour later he (Garrison) went to the home of Charley
Combs, saw a sick child, and then went to Tom Comb's place where he
met Aude Washburn. He said he procured a quart of whiskey and that
the deceased had a half gallon of liquor. He tied his horse to the
back of the trailer occupied by Washburn and then climbed into the
trailer with his friend and they took two drinks. He said Washburn
decided to accompany him home to discuss a mule trade and en route
met John Reed, an old acquaintance, and the trio took a couple of
drinks. Garrison said he couldn’t remember the conversations between
the three friends, but there was no trouble of any kind. He said
after he and Washburn reached his (Garrison's) house, they fixed
them a toddy and looked at the mules. Garrison said Washburn
remarked to him that he (Washburn) was going home and have Jim Rowe
stop work as it was so near Christmas and that Washburn drove off.
Garrison said he returned to his house and made himself another
toddy and picked up his shotgun and was preparing to go out and
shoot crows when a man with a rag over his face and a knife in his
hand came into the door.
Says Didn’t Kill Washburn.
The defendant said he thought the man was either a robber or Hardin.
He said if he killed Washburn, he didn’t know it. He said he had no
reason to kill Washburn and thought that Washburn had gone home. He
said as soon as he fired at the man in the middle of his house, he
(Garrison) went out of the back door and “reckoned” he went to
Miles. He said he remembered talking to Jim Rowe at Miles’ place,
across the road, but did not recall talking to L. M. Henderson or
showing him his meat and lard in his (Garrison's) smokehouse. He
said his arrest by Constable A. H. Holloway seemed like a dream.
Garrison testified that in October, 1934, he was hit in the head
with a clevis or singletree. He said he stayed in jail a month and
four days after his arrest and since that time had been with his
sister, Mrs. Will Robinson. He said he had not taken a drink of
liquor since Christmas and didn’t ever expect to again.
The defendant was subjected to grueling cross-examination at the
hand of John R. Curington, criminal district attorney, after the
direct examination had been concluded by Defense Attorney A. P.
Mays.
Attorneys Check Memory.
The district attorney queried him about his memory about his
business transactions, the about of money made in previous years,
the number of bales of cotton produced, etc. The witness said he
couldn’t tell the amount of his income last year, but he thought he
made about nine bales of cotton.
The witness admitted that he had trouble with Hardin at his
(Garrison's) place about one and one-half years ago.
“You cut him all to pieces didn’t you?” the district attorney
queried. Defense objections ensued and the jury was excluded as the
attorneys argued the admissability of the evidence and the court
ruled the evidence and question not admissable as no indictments had
been returned.
He was grilled relative to his statements about seeing the face of
Harden at his (Garrison's) window at nights. He was unable to tell
the number of times, how he was dressed, etc., and admitted that the
face at the window did not try to harm him.
Garrison admitted that Hardin did not say anything to him or try to
harm him when he passed that morning in a car.
When District Attorney Curington asked the defendant if the
delusions had stopped after he (Garrison) had killed Washburn, the
witness declared;
“I didn’t kill Aude Washburn.”
Says Not Crazy Now.
Garrison said he was not crazy now and under questioning of the
district attorney recounted the meeting of Washburn at the Comb's
residence and their trip to Garrison's home, reaching his home about
10:30 or 11 a.m. He said that Washburn left about 11 a.m. and had
been gone 25 or 30 minutes before the shooting.
Recounting the events of the time of the shooting, the defendant
said his assailant had a handkerchief or mask over face and a knife
in his hand. He was sitting by the stove when the man appeared in
the door, Garrison said, fixing to go shoot crows. He said he
couldn’t say what kind of handkerchief it was except it was white.
Garrison said he shot the man as he (the man) was about in the
middle of the room, but didn’t know where he fell and was not sure
he had killed him. He said he didn’t know which barrel he
discharged.
The witness said he “sorter came to myself and I was over at Miles.”
He said he knew he had shot somebody. He remembered Rowe coming over
and that he (Garrison) told him he had shot a hi-jacker. He said Jim
Rowe said it was Aude Washburn, and that he (Garrison) told Rose he
(Garrison) would not harm Aude. He did not remember talking to
Henderson.
Garrison testified he was drunk but could walk all right.
Under re-direct examination by A. P. Mays, Garrison said he resided
about 300 yards from Trinity river, and also testified that he could
get all of the liquor he (Garrison) wanted without paying for it.
Doctors On Stand.
Drs. Dubart Miller, Will Miller, T. O. Wills and J. Wilson David,
all of Corsicana, were called as defense witnesses. Attorney Mays
outlined incidents surrounding and prior to the tragedy and asked
questions relative to “D. T.'s” and alcoholic hallucinosis, etc.,
and they testified that a person thus affected would not know right
from wrong.
Under cross-examination by Cleo G. Miller, special prosecutor, the
physicians said that this condition was usually lasting from one day
to a much longer period. Dr. Dubart Miller said he had never heard
of a man with “D.T.s” and it affecting him only 30 minutes and
should a person be affected, should show signs all day and couldn’t
suddenly contract the disease.
The physicians said persons often could recollect events and
happenings during their illness. All said they had not examined
Garrison and did not know him personally.
Dr. Opie Wills said at times a person so affected would act like a
normal person, and under cross-examination, said he had never seen a
person have “D.T.s” two hours and never have another trace of it.
Dr, Will Miller testified there was no way to tell the duration of
the affeciation but that it generally did not come on a moments
notice and leave the same way. He said usually the general system of
the patient had broken down.
Dr. J. Wilson David said a person could have alcoholic hallucinosis
for a short time and differentiated between “D.T.s” and the
alcoholic hallucinosis, although they are closely related.
Variance in Diseases.
He said that “D.T.s” last for some time but that acute alcoholic
hallucinosis could result and within an hour be gone—that it would
vary on the individual, as the amount of liquor necessary to cause
intoxication varies with individuals, etc.
Mrs. Will Robinson, sister of the defendant, testified she owned 900
acres of land in Navarro county.
The question asked her by Attorney A. P. Mays whether she would give
the defendant a home the remainder of his life and look after him if
he was acquitted was objected to by the state and Judge Lovett
sustained the objection. At this point the witness was excused and
court was adjourned until Saturday morning.
Standing room was a premium for a considerable time before the
Friday afternoon sessions got under way and difficulty was
experienced in getting witness through the press of the crowds in
the aisles and in all available places in the courtroom. The judge
was forced several times to order spectators from crowding too
closely to the jury box.
Notes:
TRIAL INTERRUPTED BY DEATH DAUGHTER OF ONE JURY MEMBER
NOT KNOWN MONDAY MORNING WHEN REUMPTION OF CASE ANTICIPATED
The trial of Jim Garrison on a murder indictment in connection with
the fatal shooting of Aude Washburn, near Wildcat “Ferry, December
24, 1934, was interrupted Monday morning when Miss Turner Mae
Garner, teacher in the Corsciana public schools, daughter of John T.
Garner, was taken suddenly ill and died within a few hours. Mr.
Garner is one of the twelve men on the jury trying Garrison and was
allowed to go to the hospital and later to his home in company with
Jack Floyd, deputy sheriff. The remaining eleven members of the jury
are locked up at the courthouse.
Testimony Completed.
Testimony was completed Saturday and Special District Judge Norris
W. Lovett had his charge ready to present to the jury and start the
arguments of the attorneys Monday morning. The courtroom again was
filled with interested spectators.
Judge Lovett and attorneys in the case perused the statutes
carefully in an effort to find a law whereby the juror could be
released, but under the statutes, should the juror be discharged,
the defendant would stand acquitted under “former jeopardy” law.
When Mr. Garner's daughter was stricken, Judge Lovett, with
agreement of counsel, Richard and A. P. Mays, allowed the juror to
go to her bedside with Deputy Sheriff Floyd at an early hour Monday
morning. Judge Lovett quoted the following statutes:
Law is Quoted.
Article 623, Revised Criminal Statutes, Texas, 1925: “Jurors shall
not separate. The court may adjourn veniremen to any day of term;
but when jurors have been sworn in a case, those so sworn shall be
kept together and not permitted to separate until a verdict has been
rendered or the jury finally discharged, unless by permission of the
court, with the consent of each party and in charge of an officer.”
Judge Lovett Monday afternoon announced that the trial would be
resumed Wednesday morning and instructed the eleven jurors to remain
in the custody of the sheriff, warned them not to discuss the case
among themselves or allow anyone to discuss the case with them.
Notes:
Courthouse News
District Court.
Non-jury matters were scheduled to be heard in the district court
Tuesday.
The trial of Jim Garrison on a murder indictment as a result of the
fatal shooting of Aude Washburn near Wildcat Ferry, December 24,
1934 is scheduled to be resumed in the district court Wednesday
morning at 10 o’clock with the delivery of Judge Norris W. Lovett's
charge. Arguments of the attorneys will start after the delivery of
the court's charge to the jury.
Notes:
ARGUMENTS STARTED IN GARRISON CASE ON WEDNESDAY MORNING
COURTROOM BEEN CROWDED WITH SPECTATORS THROUGHOUT TRIAL
Arguments of attorneys to the jury in the trial of Jim Garrison, 62,
on a murder indictment in connection with the fatal shooting of Aude
Washburn, 51, near Wildcat Ferry, in the extreme southeastern
section of Navarro county, Dec. 24, 1934, got under way in the
Thirteen judicial district court Wednesday morning at 10:15 o’clock
following the reading of the charge to the jury by Special District
Judge Norris W. Lovett.
Cleo G. Miller, special prosecutor, and former criminal district
attorney, opened the arguments for the state. He was followed by
Richard Mays, defense. A. P. Mays finished for the defense while
John R. Curington, criminal district attorney, will close for the
state this afternoon.
Much Interest in Case.
Interest in the case was still maintained and standing room was at a
premium Wednesday morning as has been the case since the trial
opened a week ago.
Garrison entered a plea of not guilty when arraigned last Wednesday
and the trial has been bitterly contested throughout.
The trial was interrupted Monday morning when Miss Turner Mae
Garner, Corsicana public school teacher, daughter of John T. Garner,
one of the jurors, was stricken and died. By agreement, the juror,
with Deputy Sheriff Jack Floyd accompanying him was allowed to go to
his home and returned to the jury late Tuesday following the funeral
rites.
Testimony was concluded Saturday afternoon.
Judge Delivers Charge.
Included in the charge delivered to the jury by Judge Lovett were
definitions of murder, with and without malice, self defense,
delirium tremens, acute alcoholic hallucinosis, ect., giving the
penalties prescribed by law in event of conviction, and also dealing
with the application for suspended sentence in the event of
conviction.
The charge included several verdict forms for use after decision had
been reached.
The charge defined murder with malice as the wrongful act done
intentional without cause or excuse. Punishment of murder with
malice is by death, life imprisonment or any term of years not less
than two. The penalty for conviction of murder without malice is
from two to five years.
Insanity Defined.
It was brought out in the charge that temporary insanity, delirium
tremens, acute alcoholic hallucinosis were kinds of insanity
recognized by law and that a person must be of sound memory and
discretion before they can be punished for crime.
The charge also contained a provision setting forth that
intoxication or temporary insanity of mind, produced by voluntary
recent use of ardent spirits, is not an excuse.
The jurors were instructed that a person was presumed to be innocent
until proven guilty beyond a reasonable doubt, and also defined self
defense and the condition of a defendant's mind at the time of the
shooting as to whether he thought his life was in danger from an
armed hi-jacker.
The twelve men were also in instructed that the indictment against
Jim Garrison or his motion for a suspended sentence if convicted was
no evidence of guilt and was not to be thus considered.
Notes:
GARRISON IS FOUND GUILTY; PUNISHMENT ASSESSED 10 YEARS
DEFENSE ATTORNEYS EXPECTED TO FILE MOTION FOR NEW TRIAL
After deliberating slightly more than one hour and thirty minutes
Wednesday afternoon, the jury in the trial of Jim Garrison, 62, on a
murder indictment for the fatal shooting of Aude Washburn, 51, near
Wildcat Ferry, Dec. 24, 1934, returned a verdict of guilty and
assessed his punishment at confinement in the penitentiary for ten
years. Notice of appeal was immediately given by A. P. Mays, defense
attorney.
Conclusion of arguments of the attorneys was made about 4 o’clock
Wednesday afternoon and the jury returned its verdict shortly after
5:30 o’clock.
New Trial Motion Expected.
A formal motion for a new trial is expected to be filed immediately
before Special District Judge Norris W. Lovett, by the defense.
After Washburn was shot with a shotgun in the right chest in the
house of Garrison, a short distance from Trinity river, in the
extreme southeastern portion of the county. Garrison entered a plea
of not guilty when arraigned on the indictment last week and
testified he shot at a person he thought to be a hi-jacker,
advancing on him with a knife and
masked. He denied shooting Aude Washburn his (Garrison's) friend for
many years.
Testimony was completed Saturday but the presentation of the charge
of the Court and attorney's arguments were postponed until Wednesday
morning when Miss Turner Mae Garner, daughter of John T. Garner, a
juror, was taken suddenly ill and died early Monday morning.
Arguments Wednesday.
Cleo G. Miller, special prosecutor and former criminal district
attorney, opened the arguments for the state Wednesday morning and
was followed by Richard Mays, defense counsel. A. P. Mays spoke for
the defense at the Wednesday afternoon session with John R.
Curington, criminal district attorney, closing for the prosecution.
The entire trial over a period of a week attracted unusual attention
and the courtroom was packed with interested spectators throughout
with scores unable to procure seats at a number of the sessions. A
large crowd remained in the courtroom until the jury returned its
verdict.
Notes:
Formal Motion For New Trial Filed Friday
A formal motion for a new trial of J. W. (Jim) Garrison was filed in
the district clerk's office Friday by Defense Attorneys Richard and
A. P. Mays.
The motion is of fourteen pages containing forty different
objections and attacks on the Court's charge, conduct of state
attorneys, jurors, etc.
Garrison was convicted by a jury Wednesday afternoon and given ten
years in the penitentiary for the fatal shooting of Aude Washburn,
near Wildcat Ferry Dec. 24, 1934. Garrison entered a plea of not
guilty when arraigned.
The case was tried before Special District Judge Norris W. Lovett. A
definite time for the hearing of the motion for a new trial had not
been determined early Friday afternoon.
Notes:
Courthouse News.
District Court.
The defendant's motion for a new trial in the case of the State of
Texas vs. Jim Garrison, is scheduled to be heard Monday morning at
10 o’clock. All members of the jury have been summoned to appear at
that time.
Garrison was found guilty by the jury for the murder of Aude
Washburn last Wednesday and assessed his punishment at 10 years in
the penitentiary. A motion for a new trial was filed Friday and in
the event the motion is overruled, it has been intimated that the
case will be appealed to the court of criminal appeals at Austin.
Notes:
MOTION FOR NEW GARRISON TRIAL IS ARGUED ON MONDAY
MAN CONVICTED FOR SLAYING AUDE WASHBURN SEEKS NEW HEARING
A motion for a new trial for Jim Garrison, 62, was being heard in
the Thirteenth judicial district court, Monday before two
judges—Norris W. Lovett, special judge who presided during the trial
and J. S. Callicutt, regular judge.
Garrison was convicted last Wednesday by a jury and was given ten
years in the penitentiary in connection with the fatal shooting of
Aude Washburn, 51, near Wildcat Ferry in the extreme southeastern
corner of Navarro county, Dec. 24, 1934.
The formal motion, attacking the charge of the court, admission of
certain evidence, arguments of the state attorneys, John R.
Curington, criminal district attorney, and Cleo G. Miller, special
prosecutor, conduct of the jury, etc. was presented Monday morning,
covering 14 pages and in 40 sections. The defense attorneys are
Richard and A. P. Mays.
The 12 men who constituted the jury in the trial of Garrison, were
on hand after being summoned as witnesses in the motion for a new
trial.
Court attaches stated it was probable the hearing would not be
completed until late Monday afternoon.
Notes:
GARRISON RELEASED ON $5000 BOND FOR RULING ON APPEAL
Jim Garrison was released on bond in the sum of $5,000 to await the
result of the appeal of his case to the Court of Criminal Appeals,
Austin, Tuesday morning after he was sentenced to the penitentiary
for not less than two nor more than ten years by Special District
Judge Norris w. Lovett.
Garrison was convicted by a jury last week and given ten years on a
murder indictment in connection with the fatal shooting of Aude
Washburn, near Wildcat Ferry, Dec. 24, 1934. Sentence was pronounced
by Judge Lovett Tuesday morning when the order over-ruling the
defendant's motion for a new trial was formally entered after the
hearing was held Monday with Judge Lovett and District Judge J. S.
Callicutt hearing the motions.
Sureties on the bond of $5,000 were Robert Witherspoon and Mrs. Jane
Robinson.
Notes:
COURTHOUSE NEWS.
Court Proceedings.
AUSTIN, June 12.—(AP)—Proceeding today in the court of criminal
appeals;
Submitted on brief and oral argument---J. E. Elig from Anderson; J.
W. Howell from Randall; Jim Garrison from Navarro.
Notes:
COURTHOUSE NEWS.
District Court.
The Court of Criminal Appeals, Austin, Wednesday reversed and
remanded the case of Jim Garrison from Navarro county according to
copies of the opinion of the court received Thursday by District
Judge J. S. Callicutt and attorneys. The verdict was reversed and
remanded, according to the opinion, for the arguments of state's
attorney (John R. Curington) and also for the exhibiting of the
bloody shirt of Aude Washburn for whose death Garrison was tried.
The opinion also said the trial court (Norris Lovett) erred in not
charging the jury that the jury was the sole judges of the facts
proven, credibility of witnesses and weight given of testimony.
Garrison was convicted and sentenced to 10 years in the penitentiary
early this year on murder indictment in connection with the fatal
shooting of Aude Washburn at Garrison's home, near Wildcat Ferry,
southeast Navarro county, Dec. 24, 1924.
Mays and Mays were defense attorneys and appealed the case after a
motion for a new trial was denied by Judge Lovett.
Notes:
Courthouse News.
District Court.
A special venire of 50 prospective jurors for service in three
murder trials has been selected for Thursday. The venire is in the
cases of Hampton Kerr, negro, charged with murder; Jim Garrison,
indicted for murder in connection with the fatal shooting of Aube
Washburn in the Southeastern section of Navarro county, December 24,
1934, and the case of Albert Meritt, indicted for murder in
connection with the death several weeks ago of Elmer Kitchens, state
highway maintenance department employee, after having been struck by
a truck on Highway 14 between Richland and Currie.
Notes:
Courthouse News.
District Court.
All witnesses in the cases of Jim Garrison and Clifton Dunnings,
charged by indictments for murder, set for trial Wednesday were
excused until further notified Thursday morning by District Judge
Wayne R. Howell as the case of Ben Widener, murder went to trial
Thursday morning.
Notes:
Courthouse News.
District Court.
The case of the State of Texas vs. Jim Garrison, charged with
murder, was postponed Monday morning until Monday afternoon at 1:30
o’clock by Judge Wayne R. Howell, when a motion for a continuance
was presented, due to the illness of the defendant.
Garrison was indicted in connection with the fatal shooting of Aude
Washburn, near Wildcat Ferry Dec. 24, 1934. He was tried and
convicted here and assessed a term of ten years in the penitentiary
but the case was reversed and remanded by the court of criminal
appeals.
Notes:
Courthouse News.
District Court.
District Judge Wayne R. Howell Monday afternoon granted a defense
motion for a continuance in the case of Jim Garrison after Dr. S. H.
Burnett, county health officer, testified he was physically unable
to stand trial.
Notes:
Courthouse News.
District Court.
Special venires of 50 prespective jurors were being summoned Tuesday
for Dec. 13 for the cases of Ruf Tickle and Jim Garrison both murder
charges.
Notes:
Courthouse news.
District court.
Trial of Jim Garrison got under way in the Thirteenth judicial
district court Monday morning. He is under indictment for murder in
connection with the fatal shooting of Aude Washburn, near Wildcat
Ferry, Dec. 24, 1934. At a previous trial Garrison was found guilty
and was assessed 10 years in the penitentiary. The verdict, however,
was reversed and remanded on appeal by the Court of Criminal
Appeals, Austin.
The state is being represented by Cleo G. Miller, criminal district
attorney, and J. C. Jacobs assistant. The defendant is being
represented by Mays and Mays. Attorneys said the defendant would
plea not guilty when arraigned. A special venire of 36 men in
addition to the regular jury panel was summoned in the case.
Selection of a jury was in progress at the noon recess.
Notes:
Courthouse News.
District Court.
The trial of Jim Garrison on murder indictment was in progress in
the district court Tuesday. He is being tried in the connection with
the fatal shooting of Aude Washburn, near Wildcat Ferry, Dec. 24,
1934. The defendant entered a plea of not guilty when arraigned on
the indictment Monday afternoon.
Garrison was convicted and given ten years on a previous trial but
the verdict was set aside when the Court of Criminal Appeals
reversed and remanded the case.
The jury trying the case is composed of T. H. Bowden, Rice; W. S.
Harlan, Richland; Rush Green, Rice; J. H. Magness, Wortham; J. R.
Garner, Chatfield; J. R. Shipman, Purdon; F. F. Blair, Chatfield;
Will M. Burns, Purdon; H. D. Fall, Dawson; Frnak Seeley, Emhouse;
Jim B. Collin, Emhouse; S. H. Allen, Emhouse.
The defense and state exercised 10 challenges each while five were
excused for cause.
C. P. Ray of Austin, formerly an undertaker at Kerens, was the only
witness used Monday afternoon after the jury was completed.
Witnesses testifying Tuesday morning were Bert Washburn, brother of
the deceased; Mrs. White West, Andrews, Texas, formerly of Rural
Shade.
The prosecution is being handled by Cleo G. Miller, criminal
district attorney, and J. C. Jacobs, assistant, Mays and Mays are
representing Garrison.
Notes:
Courthouse News.
District Court.
Jim Garrison took the stand in his trial on murder indictment in the
district court Wednesday. He is being tried in connection with the
fatal shooting of Aude Washburn, near Wildcat Ferry, Dec. 24, 1934.
Garrison testified he and Washburn were the best of friends and had
never had any trouble.
With reference to the fatal shooting of Washburn, Garrison said
Washburn had left his house, according to his memory, and he
(Garrison) saw a masked man, armed with a knife advancing on him.
Garrison said he believed at the time the man was a person with whom
he had experienced previous trouble. He fired one time with a
shotgun. The defendant said he didn’t know he had slain Washburn
until the next day after he was in the county jail.
Indications were tat evidence will be completed some time Wednesday
afternoon.
The state rested Tuesday afternoon.
The defense is relying on temporary insanity, caused by excessive
use of alcohol over a long period of time.
The prosecution is being conducted by Cleo G. Miller and J. C.
Jacobs, criminal district attorney and assistant, respectively. The
defense is being conducted by Mays & Mays.
Notes:
Complete Testimony In Garrison Trial
District Judge Wayne R. Howell Wednesday afternoon was to prepare
his charge to the jury in the trial of Jim Garrison, charged with
murder in connection with the fatal shooting of Aude Washburn, Dec.
24, 1934.
Testimony was completed Wednesday noon, with the exception of that
to be given by two physicians Thursday morning. As soon as the
charge is prepared and the two physicians testify, arguments of the
attorneys will get under way, Cleo G. Miller, criminal district
attorney, stated Wednesday afternoon.
Notes:
Courthouse News.
District Court.
The charge of District Judge Wayne R. Howell was in the hands of
attorneys in the trial of Jim Garrison Thursday morning and
arguments were scheduled to complete during the day.
The case will probably reach the jury late Thursday.
Garrison is being tried in connection with the fatal shooting of
Aude Washburn, near Wildcat Ferry, Dec. 24, 1934. He took the stand
on his own behalf Wednesday and testified he shot what he believed
to be a masked robber, armed with a knife, and did not know until
the following day he had killed Washburn.
The defendant received a 10-year sentence on a former trial but the
case was reversed and remanded by the Court of Criminal Appeals.
Cleo G. Miller and J. C. Jacobs criminal district attorney and
assistant, respectively, conducted the prosecution, while Garrison
is represented by Mays and Mays.
Notes:
Courthouse News.
District Court.
The jury in the case of Jim Garrison, murder, returned a verdict of
not guilty to District Judge Wayne R. Howell Friday morning after
deliberating since Thursday afternoon.
Garrison was tried in connection with the fatal shooting of Aude
Washburn near Wildcat Ferry, Dec. 24, 1934. He plead not guilty when
arraigned.
On a previous trial, a verdict of guilty was returned and his
punishment was assessed at 10 years in the penitentiary, but the
court of criminal appeals reversed and remanded the verdict.
Notes:
George R. Washburn
Oct 9, 1850 - Nov 9, 1931
G. L. WASHBURN, PIONEER RESIDENT OF KERENS, DIES
KERENS, NOV. 10.—(Spl.)—Funeral services for G. L. Washburn age 81,
pioneer resident of the Kerens community, were held Tuesday
afternoon at 3:30 at the home of his granddaughter, Mr. and Mrs. F.
E. McCown, and were conducted by Rev. Joe N. Everhart, Presbyterian
minister. Interment was in Jimmerson cemetery, two and one-half
miles southwest of Kerens, with Mason in charge of the ceremony at
the grave.
Mr. Washburn died at the family home here Mondaynight at 8:30
following an illness of several days.
Surviving are four children, C. E. Washburn, J. A. Washburn, F. B.
Washburn, all of Kerens, and Mrs. E. J. Gilbert, Fairfield.
The deceased took an active part in community affairs and always
worked for the advancement of not only his community but the county
as well. He was a member of the Masonic Lodge here, member of the
Commandery at Corsicana and of Hella Temple at Dallas.
Notes:
-
The Corsicana Daily Sun
-
Tuesday, Nov 10, 1931
- (death cert. and census have George R. Washburn) h/o Louisa A.
(Bosworth) Washburn married Jan. 6, 1876 Navarro County s/o George
Rufus Washburn and Lucretia (Lyde) Washburn
- Submitted by Diane Richards
Charles E. “Charlie” Washburn
Apr 7, 1882 - Jun 24, 1935
CHARLIE WASHBURN BURIED AT KERENS TUESDAY AFTERNOON
Charlie Washburn died at the home of his brother, Bert Washburn,
near Kerens, at 8:30 Monday night following a long illness. Funeral
services were held Tuesday afternoon at 2 o’clock from the Stockton
Funeral Home in Kerens. The services were conducted by Rev. Joe
Everheart, pastor of the First Presbyterian church. Burial was in
the Kerens cemetery.
He was born and reared in the Kerens community and was well known in
Corsicana and other sections of the county as well as at Kerens.
Surviving are one brother, Bert Washburn, Kerens; a sister, Mrs. E.
J. Gilbert, Fairfield, and other relatives.
Notes:
Frank Burton “Burt” Washburn
Feb 28, 1886 - Jul 9, 1944
F. BURT WASHBURN OF KERENS BURIED THERE ON MONDAY
KERENS, July 10.—(Special)—Funeral services for F. Burt Washburn age
58, who died at his home Sunday morning at 2:15 were held Monday
morning at 11 o’clock at the family residence, 107 South Bonner,
with Rev. J. W. Ousley, pastor of the First Baptist church,
officiating.
Mr. Washburn was born and reared in Kerens and attended school here.
In 1906, he was married to Miss Virgie Smith. He has been connected
with the Texas Power and Light company some 20 years and was always
willing at any time to give the very best service to the entire
community. He was know and liked by a host of friends and well
always be remembered for his big heartedness, his cheerful
disposition and his many acts of kindness toward his fellowman.
He is survived by his wife, Mrs. Virgie Washburn; one son, Thomas
Burton Washburn of Orange; four daughters, Mrs. I. R. Mitchell,
Dallas; Mrs. F. E. McCown, Orange, and Mrs. Charles Bowman,
Trinidad; three grandchildren, and one sister, Mrs. Ezra Gilbert,
Houston.
Notes:
Charlie Valera (Arnett) McCown
Aug 23, 1907 - Mar 17, 1965
Mrs. McCown Of Kerens Expires, Rites Friday
KERENS, March 18, (Spl.)—Mrs. Hubert (Charlie) McCown, 57, died at
her home here Wednesday following a year's illness.
Funeral services will be held Friday at 2 p.m. from the First
Methodist church with burial in the
Kerens cemetery.
The rites will be conducted by Rev. J. W. Hodge, pastor of the
church; Rev. Don Walker pastor of the First Baptist church, and E.
E. Keene, minister of the Kerens Church of Christ.
Mrs. McCown and her husband had operated a florist business here for
many years.
Surviving are her husband, a son, Charles McCown, a daughter, Mrs.
Billy Ray Brown, all of Kerens, six grandchildren, two brothers ,
Edwin Arnett, Baytown, and Wayne Arnett, Kingston, Jamaica; two
sisters, Mrs. J. T. Neal, Houston, and Mrs. Bert Inmon, Kerens, and
a number of other relatives.
Paschal Funeral Home directs.
Notes:
Buney Anthony McCown
May 29, 1902 - Jun 10, 1972
B. A. McCown
KERENS—Funeral services were held at 10 a. m. Monday at the Paschal
Funeral Home Chapel for Buney A. McCown, 74, of Kerens who died
Saturday at a Bryan hospital after and extended illness.
Burial was in Kerens City Cemetery and Cato Sharrer Church of Christ
minister, officiated.
Survivors include his widow, a son, and a brother.
Notes:
John Michael McCown
Aug 12, 1952 - Sep 3, 1952
Infant's Rites Held Thursday
KERENS, Sept. 4—(Spl)—Funeral services were held in Kerens Thursday
afternoon for Michael McCown, infant son of Mr. and Mrs. C. L.
McCown, who died Wednesday night at Memorial Hospital in Corsicana.
Graveside rites were held in the
Kerens cemetery, with Rev. Vincent,
of Cayuga, conducting, at 3 p.m.
Surviving are the parents; and grandparents, Mr. and Mrs. J. H.
McCown of Kerens and Mr. and Mrs. Charles Combs, Cayuga.
Inmon Funeral Home directed.
Notes:
Hattie (Wilson) Kerley
Aug 28, 1883 - Dec 26, 1962
Mrs. Kerley Of Kerens Expires
Mrs. Hattie Kerley, a life-time resident of Kerens, died at the
Twilight Home early Thursday morning after an extended illness. She
was 79 and had been a resident of the home for three months.
Funeral service will be conducted at Inmon's Funeral home in Kerens
Friday at 2 p.m. with Jim Jackson, minister of the Kerens Church of
Christ of which Mrs. Kerley was a member, conducting. Burial will be
in the Long Prairie cemetery.
Surviving are the husband, W. H. Kerley of Kerens; two sons, R. Z.
Kerley of Houston and Weldon Kerley of Kerens; one daughter, Mrs. B.
A. McCown of Bryan, and four grandchildren and four
great-grandchildren.
Notes:
William Harris Kerley
Nov 23, 1881 - Feb 19, 1966
Monday Rites For W. H. Kerley
KERENS, Feb. 21 (Spl.)—Funeral services for William Harris Kerley,
84, retired farmer, who died in Memorial hospital Saturday, were
held Monday at 2 p.m. from the Paschal Chapel.
The rites were conducted by Asa P. Lipscomb, minister of the local
Church of Christ, of which he was a member. Burial was in the
Long Prairie cemetery.
Born, Nov. 23, 1881 at Plano, Kerley, lived at Kerens before going
to the Twilight Home in Corsicana three years ago.
Surviving are two sons, Robert Zadie Kerley, Houston, and Joseph
Weldon Kerley, Kerens; a daughter, Mrs. Annie Mae McCown, Bryan; a
sister, Mrs. B. A. Inmon, Kerens; four grandchildren, four
great-grandchildren, and other relatives.
Pallbearers were Whit Scarbrough, Tillman Reed, Newt Stovall, W. L.
Bain, Jr.; Aubrey Lee Saunders and M. J. Crawford.
Notes:
Duane
Freeman Giles II
Feb. 6, 1965 - May 29, 1968
Duane F. Giles II
KERENS (Spl)—Duane F. Giles II, age 3, died Wednesday in a Dallas
hospital. He was a resident of Dallas.
Services will be held at 4 p.m. today in the Paschal Funeral Home
here with burial in Long Prairie cemetery.
Survivors are his parents, Mr. and Mrs. Duane Giles of Dallas; a
sister, Laura Giles of Dallas; Mrs. Ernest Paul of Corsicana, a
grandmother; and other grandparents, Mr. and Mrs. William A. Giles
of Malakoff.
Notes:
Mary Jane Minerva (Scott) Hanna
Aug 29, 1872 - Dec 28, 1954
Thursday Rites For Mrs. Hanna
Funeral services for Mrs. Mary Hanna, 82, Route 3, who died in
Memorial Hospital Tuesday night, were held Thursday at 2 p.m. from
the Corley Chapel. Burial was in the
New Pursley cemetery.
The rites were conducted by Rev. Bob Evans, Baptist minister, and
Rev. W. O. Estes, pastor of the First Baptist church in Dawson.
Mrs. Hanna was a native of Henderson county.
Surviving are four sons, O. A. Hanna, Dallas; W. T. Hanna, Duncan,
Oklahoma.; H. L. and J. B. Hanna, both of Corsicana; four daughters,
Mrs. Mary A. Taylor, Barry; Mrs. Joe Creasy, Corpus Christi; Mrs. T.
M. Davis, Pickett, and Mrs. J. C. Holloway, Corsicana; 37
grandchildren, 52 great-grandchildren, one great-great-grandchild
and other relatives.
Grandsons were pallbearers.
Notes:
Joseph Dan Hanna
Sep 12, 1896 - Jul 20, 1953
Rites At Teague For J. D. Hanna
J. D. Hanna, 56, former resident of Corsicana, died at his home in
Teague Monday of a heart attack.
Funeral services were held from Hamm's Funeral Home in Teague
Tuesday at 3 p.m., with interment in the
Pursley cemetery. Rev. Bob
Evans of Tehuacana officiated.
Hanna is survived by his wife of Teague; a son, W. B. Hanna; five
daughters, Mrs. Sylvia Sykes, and Avie Joyce Hanna, all of Teague;
Mrs. Artie Ward, Trinity, Texas; Mrs. Dean Miles, Kulut, Texas; and
Mrs. Maggie Pollard, Corsicana; Mother, Mrs. M. M. Hanna of Dawson;
four sisters, including Mrs. G. M. Holloway of Corsicana; four
brothers, 13 grandchildren and other relatives.
Nephews were pallbearers.
Notes:
-
The Corsicana Daily Sun
-
Wednesday, July 22, 1953
- h/o Anna (Clark) Hanna and Minnie Lee (McGee) Hanna s/o William H.
Hanna and Mary Jane Minerva (Scott) Hanna
- Submitted by Diane Richards
Lillie Mae (Patterson) Smith
Jun 4, 1906 - Aug 9, 1980
Lillie Mae Smith
Funeral service for Mrs. Lillie Mae Smith, 74, was today in the
Northside Baptist Church with Rev. David Hale officiating.
Burial was in Laurel Oaks Memorial Park in Dallas.
Mrs. Smith, of Corsicana, died Saturday in theTwilight Home.
Pallbearers were D. L. Simmons, Kenneth Bratz, Charles Flynn, Coy
Grace, Bill Holloway, Bill Bolen and Joe Sabo.
Notes:
Cenetta (Stewart) Hasle
Jul 20, 1911 - Jun 19, 1987
Mrs. Cenetta Hasle
Mrs. Cenetta Hasle, 75, of Goodlow died Thursday at Navarro Regional
Hospital.
Wake services are 7 p.m. today at Ross and Johnson Mortuary. Funeral
services will be 11 a.m. Wednesday at Mr. B. Zion Baptist Church in
Goodlow with the Rev. A. H. Henderson officiating. Burial will be in
Paradise North Cemetery in Houston.
She is survived by her mother, Mrs. Lessie Stewart of Goodlow; a
brother, Jack Stewart of Fort Worth; and a sister, Lillian Stewart
of Goodlow.
Pallbearers are L. C. Garneway, Willie Tolliver, Joe Sayles, Preston
Sayles and James Martin.
Honorary Pallbearers are Willie Russell, Odell Walker, Grant
Robinson, O. D. Harper, Robert Deveraux and Tillman Brown.
Notes:
Willie Ann (Clark) Newton
Feb 16, 1883 - Jun 18, 1987
Mrs. Willie Ann Clark Newton, of Lufkin, died Thursday at the
Memorial Medical Center in Lufkin.
Services will be at 10 a.m. Tuesday at the Mt. Beulah Baptist Church
in Lufkin and at 3 p.m. Tuesday at the Mt. Olive Baptist Church in
Malone. The Rev. L. D. Bell will officiate at both services. Burial
will be in Newton Cemetery in Penelope.
Survivors include two daughters, Lula Mae Lawery of Dallas and
Alberta Bell of Lufkin; a son, John George Newton of Newark, N. J.;
and a host of grandchildren, great grandchildren and great great
grandchildren.
Pallbearers are: Johnny B. Newton, Robert Newton, Jr., Charles
Robert Newton, Jr., Joe Willie Newton, Mevin Dwayne Bell, Melvin D.
Bell, Alvert L. Bell, Samuel E. Bell, Al Newton, Jr., George Newton
and Cecil Bell.
Notes:
Joyce Marie (Haynie) Lee
May 8, 1918 - Dec 7, 1992
Joyce Marie Lee
Joyce Marie Lee, 74, Bryan, died Dec. 7, 1992 at St. Joseph Hospital
in Bryan.
Services will be held at 2 p.m. Wednesday at Ricks Funeral Home
Chapel in Jewett. The Rev. Wade Taylor will officiate. Burial will
be in Sardis Cemetery.
She was born May 8, 1918 in Newby, Tex. She was a homemaker, a
longtime resident of Bryan and a member of Sardis Baptist Church.
She is survived by her husband, Woodrow Lee of Bryan; two brothers,
Norris Haynie of Centerville and Louis Haynie of Corsicana; one
sister, Thelma Cooper of Fresno, Calif.; and numerous nieces and
nephews.
Nephews will serve as pallbearers.
Notes:
Francis Hicklin
"Frank" Massey, Sr.
Dec 1, 1874 - May 3, 1947
FRANK H. MASSEY FUNERAL SERVICES SUNDAY AFTERNOON
Frank H. Massey, aged 72 years, died at his home in Kerens Saturday
morning at 8:45 o’clock, following several years’ illness.
Funeral services will be held from the Kerens Methodist church
Sunday afternoon at 3 o’clock.
A native of Chester, S. C., Massey had resided in the Kerens
community since 16 years of age.
Surviving are his wife of Kerens; six daughters, Mrs. Herschel
McCown, Kerens, Mrs. T. M. Shelton, Jr., Kerens; Mrs. Hubert
Ferguson, Corsicana; Mrs. Jack Epps, Jr., Teague; Mrs. James Ansley,
Waxahachie, and Miss Mary Jane Massey, student at North Texas State
Teachers College, Denton; several grandchildren, a brother, George
D. Massey, Houston, and other relatives, including a niece, Mrs. Sam
Butler, Corsicana.
Stockton Funeral Home will direct.
Saturday, May 3, 1947
Notes:
-
Prairie Point
cemetery
- h/o Bennie Alice (Tillman) Massey married Aug. 18, 1897; s/o William
Heath Massey and Sarah Melissa Ann (Hicklin) Massey buried in White
Church cemetery
- Submitted by Diane Richards
May 4, 1947
F. H. Massey Dies
CORSICANA, Texas, May 4. - Services were held Sunday at the Kerens Methodist Church for Frank H.Massey, 72, who died at his home in Kerens. Surviving are his wife of Kerens; six daughters, several grandchildren and a brother.
Notes:
Francis Hicklin
"Buck"
Massey, Jr.
Apr 21, 1904 - Jun 15, 1936
Buck Massey, who was killed in a car wreck Monday, was buried in
the Prairie Point
cemetery Tuesday Afternoon.
Notes:
----
Former Kerens Man Killed In Auto Accident
TYLER, June 15.—(AP)—F. H. Massey, Jr., 32, was killed early today
on the Chandler highway seven miles from here when his automobile
struck a culvert on the roadside.
Investigators said Massey was apparently asleep. After the impact,
they said, the car swerved to the left and into a ditch. Massey was
thrown from the vehicle and his neck was broken.
Friends said he had been to Kerens to take Mrs. Massey to visit his
parents. He was an oil field worker and had lived here about a year.
Arrangements were made to send the body to Kerens for burial
tomorrow.
Notes:
--
ACCIDENT VICTIM WILL BE BURIED AT BAZETTE TUESDAY
KERENS, June 16. -(Spl.) - F.H. Massey, Jr. aged 32, was instantly
killed in an automobile accident on Highway 31 about seven miles
west of Tyler at an early hour Monday morning. He had visited his
parents at Bazette, and was returning to Tyler alone. Indications at
the scene of the wreck were that the car went out of control going
down a curved hill and lunged into a bridge railing, throwing the
driver through the door into the creek below.
The body was taken in charge by a Tyler undertaker and later brought
to Kerens by P. N. Stockton of this place, under whose direction
funeral services are to be held at the Bazette Methodist church at 5
o'clock Tuesday afternoon. Services will be conducted by Rev. R. H.
Helzer of Bazette, assisted by Rev. Bernard McCord of Pioneer and
Rev. C. E. Wilkins of Kerens.
Pallbearers are Lester Shelton, Tillman Reed, Clarence H. Massey, C.
L. Tillman, Jr., Jack Reed, Rufus Massey.
Mr. Massey is survived by his wife, parents, Mr. and Mrs. Frank
Massey of Bazette; six sisters, Mrs. H. P. McCown, Mrs. T. M.
Shelton, Jr., of Kerens, Mrs. Hubert Ferguson of Corsicana: Misses
Atwood, Lorraine and Mary Jane Massey of Bazette, and numerous other
relatives.
Notes:
Jefferson Davis "Jeff" Jones
1857 - June 1936
Jeff Jones was buried in the Prairie Point
cemetery Sunday.
Notes:
Bennie Alice (Tillman) Massey
May 18, 1878 - Apr 27, 1965
Mrs. Massey Of Kerens Expires
KERENS, April 28 (Spl)—Mrs. F. H. Massey, 86, native of Lancaster
county, S.C., died at her home here Tuesday night. She had resided
in this area for 73 years.
Funeral services will be held Thursday at 3 p.m. from the First
Methodist church, of which she was an active member, with burial in
the Prairie Point
cemetery. The rites will be conducted by Rev. J.
W. Hodge, pastor of the church.
Surviving are six daughters, Mrs. Annie McCown and Mrs. Jessie Mae
Shelton, both of Kerens; Mrs. Juanita Ferguson, Waco; Mrs. Atwood
Eppes, Teague; Mrs. Lorraine Ansley and Mrs. Mary Jane Coleman, both
of Fort Worth; a sister, Mrs. Jessie Jones, Kerens; 10 grandchildren
and nine great-grandchildren.
Paschal Funeral Home directs.
Notes:
-
The Corsicana Daily Sun
-
Wednesday, April 28, 1965
- w/o Frank Hicklin Massey married Aug. 18, 1897 d/o Isaac William
Tillman and Mary Jane (Cureton) Tillman buried in Dresden Cemetery
- Submitted by Diane Richards
Jessie Lee Beamon, Sr.
Dec 23, 1925 - Dec 1, 1989
Jessie Beamon Sr.
Mr. Jessie L. Beamon, Sr., 63, a resident of Corsicana, died Dec. 1,
1989, at Baylor Hospital in Dallas.
Services will be at 11 a.m. Monday at the Griffin Roughton Funeral
Home. The Rev. John Shero will officiate. Burial will be at
Resthaven Memorial Park.
He was a member of the Westhill Church of Christ and was retired
from Southwestern Bell Telephone. He was a veteran of
World War 11
and served in the Navy. He was a member of the Telephone Pioneers
Red Bud Club.
Memorials should be sent to the Weshill Church of Christ.
He is survived by his wife, Mary B. Beamon of Corsicana; four sons,
Lee Beamon of Tulsa, Okla., Paul, of Bowie, Maryland, Randy and
Brian both of Corsicana; eight grandchildren; three brothers, Blair
and Albert, both of Corsicana and Franklin of Vallejo, Calif,; one
sister, Ann Thomas of Lancaster.
Pallbearers will be Barney Gaines, Johnny Robinson, Jimmy Thomas,
David Mahoney, James Olsen, Don Bowen, Virgil Moore 111 and Joe
Glass.
Honorary pallbearers will be Anthony Gladberry, Terry Meneley, Paul
Kenner, Rick Moore, Doug Beamon, Jessie Beamon 111, Blake Beamon and
Dwayne Thomas.
Notes:
Nancy Jane (Allison) Kraus
Sep 1, 1879 - May 31, 1968
Mrs. Nancy Kraus
Mrs. Nancy Jane Kraus, a five-year resident of Corsicana, died
Friday in Memorial Hospital.
She was 88 years old.
Services are scheduled for 2 p.m. Sunday at Corley Funeral Home
Chapel with the Rev. Robert Potts officiating. Interment will be in
Resthaven Memorial Park.
She is survived by two daughters, Mrs. R. V. Hair of Corsicana, and
Mrs. M. Gelber of Dallas; four grandchildren; five
great-grandchildren; and a sister, Mrs. W. L. George of Beaumont.
Pallbearers will be L. E. Riley, Marvin Fannin, Fred Saxon, Glen
Price, Vernon George and Jim George.
Notes:
James William “Jim” Garrison
Aug 4, 1871 - Nov 13, 1954
EXAMINING TRIAL FOR JIM GARRISON SET FOR THURSDAY
AUD WASHBURN SHOT AND INSTANTLY KILLED AT WILDCAT FERRY
Examining trial for Jim Garrison, 60, farmer, resident of the
southeastern section of Navarro of Navarro county, on a formal
complaint for murder in connection with the fatal shooting of Aude
Washburn, 51, near Wildcat Ferry, Monday, is scheduled before Judge
T. A. Crowley, Kerens justice of the peace, sometime Thursday, Cleo
G. Miller, criminal district attorney, announced Wednesday morning.
Judge Crowley announced the examining trial would be held as soon as
the witnesses could be procured.
The formal complaint was filed before Judge Crowley by A. H.
Holloway, Kerens constable.
Garrison, was arrested by R. A. McCarter, special Texas ranger, and
was turned over to county authorities and was placed in the county
jail. He still was in jail Wednesday.
Sheriff Rufus Pevehouse said the slaying occurred at the home of
Garrison. Officers said a shotgun charge took effect in Washburn's
chest.
Conflicting stories which could not be verified were heard in
Corsicana and Kerens relative to incidents immediately preceding the
trouble.
Funeral services for Washburn were held at Kerens Tuesday afternoon
at 2 o’clock with burial in the
Kerens cemetery. Surviving are two
brothers, Charley and Bert Washburn, both of the Kerens community;
and a sister, Mrs. E. J. Gilbert, Wortham.
Notes:
-
The Corsicana Daily Sun
-
Wednesday Dec 26, 1934
- Submitted by Diane Richards
-
h/o Amanda “Mandy” (Bonner) Langridge-Garrison married Jul. 28, 1924
buried at Hamilton Beeman cemetery s/o J. W. Garrison and Mandy
(Johnson) Garrison Brother to Mrs. Will Robinson (Jane) buried at
Oakwood cemetery
COURTHOUSE NEWS
Criminal District Attorney's Office
Mr. Miles, one of the state witnesses in the case against Jim
Garrison, charged with murder, died near Wildcat Ferry Thursday,
John R. Curington, criminal district attorney, stated Friday.
Garrison is charged with murder in connection with the fatal
shooting of Aude Washburn near Wildcat Ferry several days ago.
Notes:
Habeas Corpus Filed on Friday For Garrison
A writ of habeas corpus was Friday morning for J. W. (Jim) Garrison
by his attorney, A. P. Mays, and District Judge J. S. Callicutt set
hearing for Thursday, January 17.
Garrison was indicted for murder by the grand jury Thursday in
connection with the fatal shooting of Aube Washburn near Wildcat
Ferry, Dec. 24, and had been remanded to jail without bail by
Justice T. A. Crowley of Kerens at the conclusion of an examining
hearing conducted several days ago.
Notes:
COURTHOUSE NEWS.
District court.
The habeas corpus proceedings hearing for Jim Garrison scheduled for
Thursday has been postponed until Saturday. John R. Curington,
criminal district attorney, stated Thursday.
Garrison is in jail on an indictment for murder in connection with
the fatal shooting of Aube Washburn near Rural Shade several weeks
ago. He was remanded to jail without bail and the habeas corpus
proceedings were instituted by A. P. Mays, defense attorney.
Notes:
HABEAS CORPUS PROCEEDINGS IN DISTRICT COURT
A habeas corpus proceedings hearing was in progress in the
thirteenth judicial district court before District Judge J. S.
Callicutt, Thursday, on behalf of Jim Garrison, charged by
indictment with murder, in connection with the fatal shooting of
Aube Washburn, 51, Dec. 24, 1934, at the home of Garrison near
Wildcat Ferry, in the extreme southeastern corner of Navarro county.
Garrison has been held in the county jail without bail since his
arrest shortly after the shooting of Washburn. At the conclusion of
an examining trial before Justice of the Peace T. A. Crowley of the
Kerens precinct, Garrison was remanded to jail without bail.
Garrison is represented by A. P. Mays while the state is being
represented by John R. Curington, criminal district attorney, and
Cleo G. Miller, special prosecutor.
Several witnesses testified at the morning session Thursday and
attorneys indicated that from the list of witnesses scheduled to be
heard, it was likely that the hearing would not be completed until
sometime late Friday or Saturday.
Both men resided in the same community.
Notes:
GARRISON ALLOWED BAIL IN SUM $5,000 ON MURDER CHARGE
IS CHARGED WITH KILLING OF AUDE WASHBURN IN EASTERN PART COUNTY
Jim Garrison, charged with murder, was allowed bail in the sum of
$5,000 late Thursday afternoon by J. S. Callicutt, judge of the
Thirteenth judicial district court, after a day's testimony had been
introduced in a habeas corpus proceeding brought to force the
granting of bail. It was agreed by the state and defense attorneys
that the testimony of another witness could be taken at a later time
and was heard Friday morning.
Garrison was remanded to jail without bail by Justice T. A. Crowley
after an examining trial hearing. Garrison was later indicted by the
Navarro county grand jury on a murder charge in connection with the
fatal shooting of Aude Washburn, Dec. 24, 1934, at the home of
Garrison, in the extreme southeastern portion of the county.
A large number of witnesses were heard Thursday in the habeas corpus
proceeding. The hearing had been scheduled for several different
times, but had been postponed on account of trials of suits in
court, and whether conditions which interfered with the witness
reaching Corsicana.
The state represented by John P. Curington, criminal district
attorney Chris L. Knox, assistant criminal district attorney; and
Cleo G. Miller, special prosecutor, formerly criminal district
attorney. The defense is represented by Mays and Mays.
Notes:
COURTHOUSE NEWS.
Sheriff's Office.
Jim Garrison was released on bond in the sum of $5,000 from the
Navarro county jail Friday night. This amount of bond was set by
District Judge J. S. Callicutt during a habeas corpus proceeding
after Garrison had been remanded to jail without bail on a murder
charge in connection with the fatal shooting of Aude Washburn, near
Wildcat Ferry, December 24, 1934. The habeas corpus hearing was
conducted Thursday and Friday in the district court.
Notes:
COURTHOUSE NEWS.
District Court.
The jury for the week was excused Wednesday morning until Thursday
morning at 10 o’clock when attorneys in a pending civil matter
decided to present the case before Judge J. S. Callicutt.
An affidavit for contempt of court proceedings was filed Wednesday
morning against Jim Garrison for alleged violation of an injunction
granted in the case of Mandie Garrison vs. Jim Garrison, divorce and
injunction, restraining and enjoining the defendant from disposing
of personal property. Judge Callicutt set the hearing down for
Saturday, Feb. 9.
Garrison is at liberty on bond in the sum of $5,000 following a
habeas corpus hearing last week on a murder indictment in connection
with the fatal shooting of Aude Washburn, near Wildcat Ferry, Dec.
24, 1934. the case is set for trial in the district court Wednesday,
Feb. 13.
A special venire for service in the Garrison case and another
special venire in the case of the State of Texas vs. Selma Burnett,
murder, will be drawn by District Judge Callicutt, Thursday, it was
stated Wednesday.
Burnett faces an indictment in connection with the fatal shooting of
Hugh Griffin at Blooming Grove, May 21, 1932. Burnett's case is set
for trial Wednesday February 6.
Notes:
JIM GARRISON ON TRIAL IN DISTRICT COURT FOR MURDER
PROSECUTION MOTION FOR CONTINUANCE OVERRULED BY SPECIAL JUDGE
The trial of Jim Garrison charged by indictment with murder, got
under way in the Thirteenth Judicial district court Wednesday
afternoon before Special District Judge Norris W. Lovett.
Garrison is charged by indictment with murder in connection with the
fatal shooting of Aude Washburn near Wildcat Ferry, in the extreme
southeastern corner of Navarro county, Dec. 24, 1934.
John R. Curington, criminal district attorney, called a list of the
witnesses and made a formal motion for continuance due to the
absence of a number of witnesses including one woman who is reported
in West Texas. the motion was denied by the Court. The request for a
list of state witnesses by Defense Attorney A. P. Mays, was complied
with.
The regular jury for the week and the special venire of
approximately 75 prospective jurors were ordered to report back at
1:30 o’clock by Judge Lovett.
The state is being represented by District Attorney Curington and
Special Prosecutor Cleo G. Miller, former criminal district
attorney, while the defendant is being represented by the firm of
Mays and Mays.
The defendant recently was released on bond in the sum of $5,000
following a habeas corpus proceeding brought before District Judge
J. S. Callicutt.
Notes:
ACQUITTAL MOTION IS OVERRULED TODAY IN GARRISON CASE
STATE RESTS AND DEFENSE TESTIMONY UNDER WAY IN MURDER TRIAL
A defense motion for an instructed verdict of acquittal was
overruled by Special District Judge Norris W. Lovett shortly before
noon Friday after the state had rested and defense testimony started
at 1:30 p.m. in the trial of Jim Garrison on a murder indictment in
connection with the fatal shooting of Aude Washburn, 51, at
Garrison's home near Trinity River, in the Wildcat Ferry community,
Dec. 24, last.
Six witness were heard for the state at the Friday morning session
of court. Those appearing on the witness stand included Chester Ray,
Kerens undertaker; A. H. Holloway, Kerens Constable; Earl Bruner, L.
M. Henderson and Jim Rowe. The shirt alleged to have been worn at
the time by the deceased, a shotgun and two shotgun shells were
introduced in evidence.
The introduction of testimony was punctuated to objections by
attorneys and the trial is being contested at many stages of
testimony.
The trial is attracting considerable attention and all available
seats in the courtroom and balconies are filled with interested
spectators while scores are standing in the aisles and about the
walls of the courtroom.
Argue Defense motion.
The jury was excluded from the room while the arguments of the
attorneys on the defense motion for an instructed verdict of not
guilty were heard. The defense maintained the state had failed to
show that the defendant was guilty and that the state also had
proven if Garrison had slain Washburn, it was justifiable; that by
the state's own testimony it had proven Garrison shot a hi-jacker in
self-defense;; and further that the state had not established a
motive or intent to kill Washburn.
The state attorneys pointed out that Aude Washburn and Jim Garrison
had been together a short time before the slaying; that later
Washburn's body was found in Garrison's home; that the defendant had
stated prior to his arrest that he had killed a man in his house and
that Washburn's lifeless body was found in the house; and that
witnesses had denied the defense contention that a hi-jacker with a
knife and wearing a mask had been reported by the defendant.
Chester Ray, Kerens undertaker, was the first witness Friday
morning. He testified he had been called to Garrison's home and
found the body of Aude Washburn about 3:15 o’clock on the afternoon
of Dec. 24, 1934. He said the body was lying on the floor in
Garrison's house, a one-room building on the Corsicana Wildcat Ferry
road, with the head within two inches of the stove. He described the
furniture, etc. in the building. He testified he did not make an
examination of the body until he had it taken to the undertaking
parlors in Kerens. Ray testified a double-barreled shotgun was lying
on the bed.
Described Wound.
The witness described a wound in the right chest below the
collarbone but did not probe in the wound or hold a post mortem
examination. He said it appeared to be a gunshot wound and not made
by a pistol. He said he did not find any knives or other weapons on
the body and there was no appearance of disorder in the house. The
undertaker said he found food in the mouth of Aude Washburn.
Under re-direct testimony, Ray said Garrison resided in a “shot-gun”
tenant house on the farm of Will Kerr within a few hundred yards of
Trinity river.
Under re-direct testimony, Ray said a shotgun exhibited by state
attorneys, looked like the one he saw at the Garrison's home.
The motion of Defense Attorney A. P. Mays to exclude the
introduction of the shirt in evidence as prejudicial was over ruled
by Judge Lovett.
Justice of Peace Is Witness.
T. A. Crowley, justice of the peace, at Kerens for the past six
years, was the second witness and the defense attempted to
disqualify him as he had brought the clothes of Washburn into the
courtroom while another witness was on the stand in what defense
Attorney Mays contended was in violation of the rule of witnesses.
Judge Crowley said he brought the clothes into the courtroom on the
order of the sheriff.
The Kerens justice said he held an inquest over the body of Washburn
about 3 o’clock. He explained the wound, etc., and said he saw a
shotgun standing beside the door. He positively identified the gun
exhibited by the state attorneys and said the gun had one empty and
one loaded shell in it. He said the left barrel had the empty shell
in it.
Under cross-examination, the witness said the gun had been in his
(Crowley's) and the sheriff's possession since the time of tragedy.
He said that he had never known of any previous trouble between
Garrison and Washburn.
Tell of Arrest.
A.H. Holloway, Kerens constable said he and Special Texas Ranger R.
A. McCarter went to Garrison's house about 2:30 o’clock. Holloway
arrested the defendant and turned him over to McCarter to bring him
to jail in Corsicana. He said Judge Crowley arrived about 40 minutes
or an hour after he (Holloway) reached Garrison's house. Holloway
related he went to the home of Mr. and Mrs. Reed and found Mrs.
Garrison there and then returned to the Garrison residence. Under
cross-examination, Holloway said Garrison made no attempt to run
away or evade arrest.
Visited Garrison's Home.
Earl Bruner, farmer who had visited at Garrison's house a number of
times said he was present at the scene of the slaying about 3
o’clock on the afternoon of the alleged slaying. He had hunted with
Garrison's shotgun and said the shotgun presented looked like the
same one he had hunted with. He testified the gun was sitting behind
a trunk in the corner of the room when he saw it. When he (Bruner)
came to Garrison's place he testified, Garrison was at the house of
R. B. Miles, now deceased, across the road from that occupied by Mr.
and Mrs. Garrison.
Bruner said he met Garrison and that Garrison talked about hunting,
etc., and didn’t say anything about any trouble in his (Bruner's)
hearing until after the officers arrived. He said Garrison did not
walk like a drunken man and carried on a sensible conversation, and
carried the two Hendersons to his smokehouse to look at his meat.
Under cross-examination, Bruner said he had used Garrison's gun and
squirrel gun and that (Garrison) was a good neighbor. He also said
he knew Garrison and Washburn drank liquor.
Tells of Conversation.
L. M. Henderson said he went to the scene of the trouble about 2 or
2:30 o’clock, Dec. 24, 1934, and that he was shown meat and lard in
the smokehouse by Garrison. He testified that Garrison told him a
man came in on him (Garrison) with a knife after his (Garrison's)
money and that he (Garrison) shot him. He said Garrison told him he
didn’t know the man he shot. Henderson said Garrison did not seem
alarmed; that Garrison had had a drink or two but talked all right.
Jim Rowe said he found Washburn dead in the house of Garrison. He
quoted Garrison as saying to him; “I killed a ------- ------
-------. He tried to rob me”
Could Walk All Right.
He said Garrison was able to talk all right; that he (Rowe) arrived
about 1 o’clock Christmas eve afternoon. He testified Garrison told
him he (Garrison) had killed a hi-jacker. The witness said he told
the defendant that he (Garrison) had killed Aude Washburn, but
Garrison replied he had killed a hi-jacker who was after him.
The witness denied anything was said about a mask.
Row testified he saw a jar two-thirds full of what he thought was
liquor under a table in the house. He said Washburn was dead and
plates were on the table.
Earl Bruner was recalled and said Garrison was married and that his
wife was not present when he arrived. The state rested at 11:24 a.m.
Thursday Afternoon Session.
Completion of a jury and the hearing of evidence from three state
witnesses, none eye-witnesses to the shooting, was accomplished at
Thursday afternoon's session of court. Garrison entered a plea of
“not guilty” when arraigned on an indictment, charging him with
murder, in connection with the fatal shooting of Aude Washburn, Dec.
24, 1934, at his (Garrison's) home near Wildcat Ferry. The
indictment was read by Criminal District Attorney Curington.
Forty veniremen were examined before the jury of twelve was
completed. The state exercised six challenges and the defense
excused seven while fifteen were excused for cause by Special
District Judge Norris W. Lovett.
The three remaining special veniremen and all of the jurors for the
week were finally excused by Judge Lovett after the jury was
completed.
Defense Attorney A. P. Mays challenged M. G. Deason of Blooming
Grove, due to the fact that the jury list carried his name as G. M.
Deason, but after the court had overruled the proposal, both state
and defense accepted him as the twelfth member of the jury. The jury
was completed at 3:25 o’clock Thursday afternoon and the
introduction of testimony started a short time after the
arraignment.
The rule was demanded and all witnesses, except Bert Washburn of
Kerens, brother of the deceased Aude Washburn were ordered excluded
from the room.
Brother Is Witness.
Bert Washburn, brother of the slain man, aged, 49, manager of the
Texas Power and Light company at Kerens, was the first witness to be
called. The examination of the witnesses Thursday afternoon was
conducted by Special Prosecutor Cleo G. Miller. Cross-examination
was carried on by Defense Counsel A. P. Mays.
Washburn testified that Aude Washburn was 51 years of age and had
lived with him (Bert Washburn) for a number of years until the past
December when he (Bert Washburn) rented a farm near Wilcat Ferry and
sent his brother to the place to be in charge. The far was 41/2 or 5
miles south of Rural Shade, the witness said, and Jim Rowe was
staying with the deceased. He said he saw his brother the day prior
to the shooting. The witness said he didn’t know the defendant.
Under cross-examination, Washburn said his brother, Aude Washburn
had never married, and also was a heavy drinker.
Visited Garrison Home.
White West, 35, married, resident of the Rural Shade vicinity,
testified that he had known Jim Garrison and Aude Washburn seven
years. He said he had visited in Garrison's home and had had
“business dealings with him.” He related he saw the two men on Dec.
24; that as he (West) passed Garrison's place he saw him (Garrison)
in his (Garrison's) door with a horse saddled in the yard; later saw
Garrison riding horseback 200 or 300 yards behind him (West) in the
road but didn’t catch up with him. He said he met Washburn in a
trailer with two mules hitched to it near the home of Tom Combs,
spoke and drove by. He (West) testified that he later looked back,
saw Garrison tie his (Garrison's) horse to the back of Washburn's
trailer and get in the trailer with him (Washburn) and put his arm
about Washburn's neck. He said this occurred about 11 o’clock in the
morning, and was about 1 ½ or 2 miles from Garrison's home.
Cross-Examination.
On cross-examination, the witness admitted that he had taken drinks
with Garrison and also stated that Garrison and Washburn were good
friends ant that he had never heard of any trouble between them and
had never known of any known of any trouble between the two men, and
saw no indication of any trouble or ill feeling between the two men
as they rode together down the road toward Garrison's residence.
John Reed, who resided two miles from Wildcat Ferry, former of Rural
Shade, said he knew both men and that he was a neighbor of Garrison.
He testified he met the two men in the trailer the morning of the
shooting in the road within a half mile of Garrison's home. He said
the trio were old friends and talked joked for a time and took two
drinks of whiskey from a half-gallon fruit jar. Reed was about 100
yards from his residence and said he laid a number of traps in the
trailer while they were talking about “old times” and “what good
friends we were.” He said he was told that Washburn was going to
Garrison's home for dinner.
Reed said he did not see any gun in the trailer and also that he did
not consider either man drunk.
Under cross-examination, Reed said that Washburn remarked;
“Uncle Jim (Garrison) is the best friend I’ve got in the world.”
Reed said he went home and heard of the shooting within an hour.
The jury was instructed not to read newspapers unless any reference
to the trial had been deleted. Court adjourned at 4:37 p.m. until
9:30 a.m. Friday.
The jury in the case is Pete Goodin, Navarro; R. M. Fulton, Blooming
Grove; Alex Bryant, Blooming Grove; Wayne Elrod, Drane; Tom Hardan,
Pursley; A. J. Chamberlain, Frost; Don Sawyer, Richland; T. C.
Dillard, Corsicana; J. M. Harvard, Navarro; A. E. Drain, Emhouse;
John Garner, Sr., Corsicana; and M. G. Deason, Blooming Grove.
Notes:
TESTIMONY ENDS IN GARRISON TRAIL AS DEFENSE RESTS CASE
JUDGE ADJOURNS COURT UNTIL MONDAY WHEN CHARGE WILL BE PRESENTED
Testimony in the trial of Jim Garrison, 62, on trial in the
Thirteenth judicial district court on a murder indictment in
connection with the fatal shooting of Aude Washburn near Wildcat
Ferry, Dec. 24, 1934, was abruptly ended early Saturday afternoon
with the unexpected announcement from Defense Counsel A. P. Mays
that the defense rested and would not put on additional witnesses.
The morning session of court had been used in rebuttal testimony was
expected at the afternoon sessions.
Special District Judge Norris W. Lovett adjourned court until Monday
morning at 9:30 o’clock at which time he will present his charge to
the jury and the arguments of attorneys is expected to follow
immediately. The court announced that an addition to the regular
charge, he would include D. Ts and alcoholic hallucinosis was
insanity, that drunkenness was no defense for crime, and also would
charge on exculpatory statements and self defense.
Seven state rebuttal witnesses were used Saturday morning, five
saying Garrison's reputation as a peaceful, law-abiding citizen was
bad and the other two testified they had known Garrison for years
but couldn’t testify about his reputation.
The courtroom was filled to capacity an hour before the afternoon
session started and many did not go for lunches for fear that would
lose their vantage seats for the afternoon court procedure.
It was elicited from the state witnesses by defense counsel that the
defendant drank liquor, had engaged in several personal
difficulties, but none of their own knowledge knew whether the
defendant was justified or not.
The defense attempted to keep the state from introducing testimony
on the general reputation of the defendant due to the fact that the
state had not brought this phase out in direct examination before
resting the case the first time. The motion was overruled by the
Court and the jury was brought back into the courtroom.
Witnesses Testifying.
Those testifying Saturday morning included L. M. Henderson, J. R.
Bruner, D. E. Morton, Dick Holloman, R. B. Blissett, Tom Collins and
Judge T. A. Crowley (re-called). Holloman and Blissett testified
they had known the defendant for a number of years but did not know
his general reputation.
Judge Crowley admitted under cross-examination that he was friendly
to the prosecution and said he had fined Garrison on an assault case
several years ago after the case had been transcripted to the
district court and returned. He admitted he had heard of trouble in
which Garrison was involved including a fight and cutting scrape but
no complaints or arrests were made out of his court in these
connections.
Knew Garrison 25 years.
Collins testified he had known Garrison for 25 years and that
Garrison had been in trouble and that his reputation was bad before
Garrison went to Rural Shade. He admitted that he (Collins) was a
close friend to the Washburn Brothers.
Morton said he had heard Garrisons reputation discussed before the
shooting and heard of threats made by the defendant, but had never
heard him carrying out threats.
Henderson testified that he had seen Garrison about his gin at Rural
Shade when he was not drinking.
After five witnesses had testified, Cleo G. Miller, special
prosecutor, announced the state would rest with provision additional
character witnesses be allowed to be heard later. The defense
declined to agree to this proposal and the trail was halted for
about a half hour.
Courtroom Crowded.
The courtroom was filled with interested spectators at Saturday
morning's session, but the aisles and balconies were not jammed as
Friday afternoon.
Defense Counsel A. P. Mays said shortly before noon that the
completion of testimony would be accomplished during the afternoon.
It is highly probable, according to attaches of the court, that the
charge of the judge will be prepared during the week-end and
arguments of the attorneys given probably Monday afternoon, with the
case likely not to be given the jury before late Monday or Tuesday
morning.
Friday Afternoon's Session.
Jim Garrison, the defendant, testified Friday afternoon on his own
behalf and remained on the stand for one hour and 30 minutes. He
related incidents and occurrences of the morning prior to the
shooting of Washburn, and declared that he did not shoot Washburn,
but shot at a masked man advancing on him with a knife in his hand
who failed to heed his command to stop. Four local physicians
testified relative to “D.T.'s” and alcoholic disturbances caused by
excessive use of liquor.
The defense rested shortly before the court recessed Friday
afternoon. The jury was excluded on several occasions while opposing
counsel argued various points of evidence and procedure.
Garrison said he had never been convicted of a felony, was a native
of Arkansas, but had resided in Texas since 1882. Most of the time
since then having been spent in Navarro county. He said he resided
in the Wildcat Ferry community for the past 12 years.
Regular Liquor User.
The defendant said he had been a regular liquor drinker for the last
15 or 16 years and for a year prior to Christmas Eve Day, 1934, had
drunk more or less every day—from one-half pint to a quart of
home-made whiskey.
Garrison said for a week or ten days prior to the time of the
shooting, he had been unable to rest at night, had no appetite. He
recounted trouble with a man named Hardin and that at night he
thought he could see Hardin's face, and hear him talking outside of
his window. He also said at times he imagined he was being poisoned,
and saw snakes in his home.
The Witness testified that he had known Washburn for 8 or 9 years
and that he (Washburn) was as good a friend as he (Garrison) had
ever had—they had never had any trouble or “falling out.”
“I had no reason or intent to kill Washburn,’” Garrison said.
The defendant testified he arose on the morning of December 24, fed
his mules, drank a cup of coffee and saddled his horse. He said his
enemy, Hardin, passed his house in a car going toward Rural Shade
and about an hour later he (Garrison) went to the home of Charley
Combs, saw a sick child, and then went to Tom Comb's place where he
met Aude Washburn. He said he procured a quart of whiskey and that
the deceased had a half gallon of liquor. He tied his horse to the
back of the trailer occupied by Washburn and then climbed into the
trailer with his friend and they took two drinks. He said Washburn
decided to accompany him home to discuss a mule trade and en route
met John Reed, an old acquaintance, and the trio took a couple of
drinks. Garrison said he couldn’t remember the conversations between
the three friends, but there was no trouble of any kind. He said
after he and Washburn reached his (Garrison's) house, they fixed
them a toddy and looked at the mules. Garrison said Washburn
remarked to him that he (Washburn) was going home and have Jim Rowe
stop work as it was so near Christmas and that Washburn drove off.
Garrison said he returned to his house and made himself another
toddy and picked up his shotgun and was preparing to go out and
shoot crows when a man with a rag over his face and a knife in his
hand came into the door.
Says Didn’t Kill Washburn.
The defendant said he thought the man was either a robber or Hardin.
He said if he killed Washburn, he didn’t know it. He said he had no
reason to kill Washburn and thought that Washburn had gone home. He
said as soon as he fired at the man in the middle of his house, he
(Garrison) went out of the back door and “reckoned” he went to
Miles. He said he remembered talking to Jim Rowe at Miles’ place,
across the road, but did not recall talking to L. M. Henderson or
showing him his meat and lard in his (Garrison's) smokehouse. He
said his arrest by Constable A. H. Holloway seemed like a dream.
Garrison testified that in October, 1934, he was hit in the head
with a clevis or singletree. He said he stayed in jail a month and
four days after his arrest and since that time had been with his
sister, Mrs. Will Robinson. He said he had not taken a drink of
liquor since Christmas and didn’t ever expect to again.
The defendant was subjected to grueling cross-examination at the
hand of John R. Curington, criminal district attorney, after the
direct examination had been concluded by Defense Attorney A. P.
Mays.
Attorneys Check Memory.
The district attorney queried him about his memory about his
business transactions, the about of money made in previous years,
the number of bales of cotton produced, etc. The witness said he
couldn’t tell the amount of his income last year, but he thought he
made about nine bales of cotton.
The witness admitted that he had trouble with Hardin at his
(Garrison's) place about one and one-half years ago.
“You cut him all to pieces didn’t you?” the district attorney
queried. Defense objections ensued and the jury was excluded as the
attorneys argued the admissability of the evidence and the court
ruled the evidence and question not admissable as no indictments had
been returned.
He was grilled relative to his statements about seeing the face of
Harden at his (Garrison's) window at nights. He was unable to tell
the number of times, how he was dressed, etc., and admitted that the
face at the window did not try to harm him.
Garrison admitted that Hardin did not say anything to him or try to
harm him when he passed that morning in a car.
When District Attorney Curington asked the defendant if the
delusions had stopped after he (Garrison) had killed Washburn, the
witness declared;
“I didn’t kill Aude Washburn.”
Says Not Crazy Now.
Garrison said he was not crazy now and under questioning of the
district attorney recounted the meeting of Washburn at the Comb's
residence and their trip to Garrison's home, reaching his home about
10:30 or 11 a.m. He said that Washburn left about 11 a.m. and had
been gone 25 or 30 minutes before the shooting.
Recounting the events of the time of the shooting, the defendant
said his assailant had a handkerchief or mask over face and a knife
in his hand. He was sitting by the stove when the man appeared in
the door, Garrison said, fixing to go shoot crows. He said he
couldn’t say what kind of handkerchief it was except it was white.
Garrison said he shot the man as he (the man) was about in the
middle of the room, but didn’t know where he fell and was not sure
he had killed him. He said he didn’t know which barrel he
discharged.
The witness said he “sorter came to myself and I was over at Miles.”
He said he knew he had shot somebody. He remembered Rowe coming over
and that he (Garrison) told him he had shot a hi-jacker. He said Jim
Rowe said it was Aude Washburn, and that he (Garrison) told Rose he
(Garrison) would not harm Aude. He did not remember talking to
Henderson.
Garrison testified he was drunk but could walk all right.
Under re-direct examination by A. P. Mays, Garrison said he resided
about 300 yards from Trinity river, and also testified that he could
get all of the liquor he (Garrison) wanted without paying for it.
Doctors On Stand.
Drs. Dubart Miller, Will Miller, T. O. Wills and J. Wilson David,
all of Corsicana, were called as defense witnesses. Attorney Mays
outlined incidents surrounding and prior to the tragedy and asked
questions relative to “D. T.'s” and alcoholic hallucinosis, etc.,
and they testified that a person thus affected would not know right
from wrong.
Under cross-examination by Cleo G. Miller, special prosecutor, the
physicians said that this condition was usually lasting from one day
to a much longer period. Dr. Dubart Miller said he had never heard
of a man with “D.T.s” and it affecting him only 30 minutes and
should a person be affected, should show signs all day and couldn’t
suddenly contract the disease.
The physicians said persons often could recollect events and
happenings during their illness. All said they had not examined
Garrison and did not know him personally.
Dr. Opie Wills said at times a person so affected would act like a
normal person, and under cross-examination, said he had never seen a
person have “D.T.s” two hours and never have another trace of it.
Dr, Will Miller testified there was no way to tell the duration of
the affeciation but that it generally did not come on a moments
notice and leave the same way. He said usually the general system of
the patient had broken down.
Dr. J. Wilson David said a person could have alcoholic hallucinosis
for a short time and differentiated between “D.T.s” and the
alcoholic hallucinosis, although they are closely related.
Variance in Diseases.
He said that “D.T.s” last for some time but that acute alcoholic
hallucinosis could result and within an hour be gone—that it would
vary on the individual, as the amount of liquor necessary to cause
intoxication varies with individuals, etc.
Mrs. Will Robinson, sister of the defendant, testified she owned 900
acres of land in Navarro county.
The question asked her by Attorney A. P. Mays whether she would give
the defendant a home the remainder of his life and look after him if
he was acquitted was objected to by the state and Judge Lovett
sustained the objection. At this point the witness was excused and
court was adjourned until Saturday morning.
Standing room was a premium for a considerable time before the
Friday afternoon sessions got under way and difficulty was
experienced in getting witness through the press of the crowds in
the aisles and in all available places in the courtroom. The judge
was forced several times to order spectators from crowding too
closely to the jury box.
Notes:
TRIAL INTERRUPTED BY DEATH DAUGHTER OF ONE JURY MEMBER
NOT KNOWN MONDAY MORNING WHEN REUMPTION OF CASE ANTICIPATED
The trial of Jim Garrison on a murder indictment in connection with
the fatal shooting of Aude Washburn, near Wildcat “Ferry, December
24, 1934, was interrupted Monday morning when Miss Turner Mae
Garner, teacher in the Corsciana public schools, daughter of John T.
Garner, was taken suddenly ill and died within a few hours. Mr.
Garner is one of the twelve men on the jury trying Garrison and was
allowed to go to the hospital and later to his home in company with
Jack Floyd, deputy sheriff. The remaining eleven members of the jury
are locked up at the courthouse.
Testimony Completed.
Testimony was completed Saturday and Special District Judge Norris
W. Lovett had his charge ready to present to the jury and start the
arguments of the attorneys Monday morning. The courtroom again was
filled with interested spectators.
Judge Lovett and attorneys in the case perused the statutes
carefully in an effort to find a law whereby the juror could be
released, but under the statutes, should the juror be discharged,
the defendant would stand acquitted under “former jeopardy” law.
When Mr. Garner's daughter was stricken, Judge Lovett, with
agreement of counsel, Richard and A. P. Mays, allowed the juror to
go to her bedside with Deputy Sheriff Floyd at an early hour Monday
morning. Judge Lovett quoted the following statutes:
Law is Quoted.
Article 623, Revised Criminal Statutes, Texas, 1925: “Jurors shall
not separate. The court may adjourn veniremen to any day of term;
but when jurors have been sworn in a case, those so sworn shall be
kept together and not permitted to separate until a verdict has been
rendered or the jury finally discharged, unless by permission of the
court, with the consent of each party and in charge of an officer.”
Judge Lovett Monday afternoon announced that the trial would be
resumed Wednesday morning and instructed the eleven jurors to remain
in the custody of the sheriff, warned them not to discuss the case
among themselves or allow anyone to discuss the case with them.
Notes:
Courthouse News
District Court.
Non-jury matters were scheduled to be heard in the district court
Tuesday.
The trial of Jim Garrison on a murder indictment as a result of the
fatal shooting of Aude Washburn near Wildcat Ferry, December 24,
1934 is scheduled to be resumed in the district court Wednesday
morning at 10 o’clock with the delivery of Judge Norris W. Lovett's
charge. Arguments of the attorneys will start after the delivery of
the court's charge to the jury.
Notes:
ARGUMENTS STARTED IN GARRISON CASE ON WEDNESDAY MORNING
COURTROOM BEEN CROWDED WITH SPECTATORS THROUGHOUT TRIAL
Arguments of attorneys to the jury in the trial of Jim Garrison, 62,
on a murder indictment in connection with the fatal shooting of Aude
Washburn, 51, near Wildcat Ferry, in the extreme southeastern
section of Navarro county, Dec. 24, 1934, got under way in the
Thirteen judicial district court Wednesday morning at 10:15 o’clock
following the reading of the charge to the jury by Special District
Judge Norris W. Lovett.
Cleo G. Miller, special prosecutor, and former criminal district
attorney, opened the arguments for the state. He was followed by
Richard Mays, defense. A. P. Mays finished for the defense while
John R. Curington, criminal district attorney, will close for the
state this afternoon.
Much Interest in Case.
Interest in the case was still maintained and standing room was at a
premium Wednesday morning as has been the case since the trial
opened a week ago.
Garrison entered a plea of not guilty when arraigned last Wednesday
and the trial has been bitterly contested throughout.
The trial was interrupted Monday morning when Miss Turner Mae
Garner, Corsicana public school teacher, daughter of John T. Garner,
one of the jurors, was stricken and died. By agreement, the juror,
with Deputy Sheriff Jack Floyd accompanying him was allowed to go to
his home and returned to the jury late Tuesday following the funeral
rites.
Testimony was concluded Saturday afternoon.
Judge Delivers Charge.
Included in the charge delivered to the jury by Judge Lovett were
definitions of murder, with and without malice, self defense,
delirium tremens, acute alcoholic hallucinosis, ect., giving the
penalties prescribed by law in event of conviction, and also dealing
with the application for suspended sentence in the event of
conviction.
The charge included several verdict forms for use after decision had
been reached.
The charge defined murder with malice as the wrongful act done
intentional without cause or excuse. Punishment of murder with
malice is by death, life imprisonment or any term of years not less
than two. The penalty for conviction of murder without malice is
from two to five years.
Insanity Defined.
It was brought out in the charge that temporary insanity, delirium
tremens, acute alcoholic hallucinosis were kinds of insanity
recognized by law and that a person must be of sound memory and
discretion before they can be punished for crime.
The charge also contained a provision setting forth that
intoxication or temporary insanity of mind, produced by voluntary
recent use of ardent spirits, is not an excuse.
The jurors were instructed that a person was presumed to be innocent
until proven guilty beyond a reasonable doubt, and also defined self
defense and the condition of a defendant's mind at the time of the
shooting as to whether he thought his life was in danger from an
armed hi-jacker.
The twelve men were also in instructed that the indictment against
Jim Garrison or his motion for a suspended sentence if convicted was
no evidence of guilt and was not to be thus considered.
Notes:
GARRISON IS FOUND GUILTY; PUNISHMENT ASSESSED 10 YEARS
DEFENSE ATTORNEYS EXPECTED TO FILE MOTION FOR NEW TRIAL
After deliberating slightly more than one hour and thirty minutes
Wednesday afternoon, the jury in the trial of Jim Garrison, 62, on a
murder indictment for the fatal shooting of Aude Washburn, 51, near
Wildcat Ferry, Dec. 24, 1934, returned a verdict of guilty and
assessed his punishment at confinement in the penitentiary for ten
years. Notice of appeal was immediately given by A. P. Mays, defense
attorney.
Conclusion of arguments of the attorneys was made about 4 o’clock
Wednesday afternoon and the jury returned its verdict shortly after
5:30 o’clock.
New Trial Motion Expected.
A formal motion for a new trial is expected to be filed immediately
before Special District Judge Norris W. Lovett, by the defense.
After Washburn was shot with a shotgun in the right chest in the
house of Garrison, a short distance from Trinity river, in the
extreme southeastern portion of the county. Garrison entered a plea
of not guilty when arraigned on the indictment last week and
testified he shot at a person he thought to be a hi-jacker,
advancing on him with a knife and
masked. He denied shooting Aude Washburn his (Garrison's) friend for
many years.
Testimony was completed Saturday but the presentation of the charge
of the Court and attorney's arguments were postponed until Wednesday
morning when Miss Turner Mae Garner, daughter of John T. Garner, a
juror, was taken suddenly ill and died early Monday morning.
Arguments Wednesday.
Cleo G. Miller, special prosecutor and former criminal district
attorney, opened the arguments for the state Wednesday morning and
was followed by Richard Mays, defense counsel. A. P. Mays spoke for
the defense at the Wednesday afternoon session with John R.
Curington, criminal district attorney, closing for the prosecution.
The entire trial over a period of a week attracted unusual attention
and the courtroom was packed with interested spectators throughout
with scores unable to procure seats at a number of the sessions. A
large crowd remained in the courtroom until the jury returned its
verdict.
Notes:
Formal Motion For New Trial Filed Friday
A formal motion for a new trial of J. W. (Jim) Garrison was filed in
the district clerk's office Friday by Defense Attorneys Richard and
A. P. Mays.
The motion is of fourteen pages containing forty different
objections and attacks on the Court's charge, conduct of state
attorneys, jurors, etc.
Garrison was convicted by a jury Wednesday afternoon and given ten
years in the penitentiary for the fatal shooting of Aude Washburn,
near Wildcat Ferry Dec. 24, 1934. Garrison entered a plea of not
guilty when arraigned.
The case was tried before Special District Judge Norris W. Lovett. A
definite time for the hearing of the motion for a new trial had not
been determined early Friday afternoon.
Notes:
Courthouse News.
District Court.
The defendant's motion for a new trial in the case of the State of
Texas vs. Jim Garrison, is scheduled to be heard Monday morning at
10 o’clock. All members of the jury have been summoned to appear at
that time.
Garrison was found guilty by the jury for the murder of Aude
Washburn last Wednesday and assessed his punishment at 10 years in
the penitentiary. A motion for a new trial was filed Friday and in
the event the motion is overruled, it has been intimated that the
case will be appealed to the court of criminal appeals at Austin.
Notes:
MOTION FOR NEW GARRISON TRIAL IS ARGUED ON MONDAY
MAN CONVICTED FOR SLAYING AUDE WASHBURN SEEKS NEW HEARING
A motion for a new trial for Jim Garrison, 62, was being heard in
the Thirteenth judicial district court, Monday before two
judges—Norris W. Lovett, special judge who presided during the trial
and J. S. Callicutt, regular judge.
Garrison was convicted last Wednesday by a jury and was given ten
years in the penitentiary in connection with the fatal shooting of
Aude Washburn, 51, near Wildcat Ferry in the extreme southeastern
corner of Navarro county, Dec. 24, 1934.
The formal motion, attacking the charge of the court, admission of
certain evidence, arguments of the state attorneys, John R.
Curington, criminal district attorney, and Cleo G. Miller, special
prosecutor, conduct of the jury, etc. was presented Monday morning,
covering 14 pages and in 40 sections. The defense attorneys are
Richard and A. P. Mays.
The 12 men who constituted the jury in the trial of Garrison, were
on hand after being summoned as witnesses in the motion for a new
trial.
Court attaches stated it was probable the hearing would not be
completed until late Monday afternoon.
Notes:
GARRISON RELEASED ON $5000 BOND FOR RULING ON APPEAL
Jim Garrison was released on bond in the sum of $5,000 to await the
result of the appeal of his case to the Court of Criminal Appeals,
Austin, Tuesday morning after he was sentenced to the penitentiary
for not less than two nor more than ten years by Special District
Judge Norris w. Lovett.
Garrison was convicted by a jury last week and given ten years on a
murder indictment in connection with the fatal shooting of Aude
Washburn, near Wildcat Ferry, Dec. 24, 1934. Sentence was pronounced
by Judge Lovett Tuesday morning when the order over-ruling the
defendant's motion for a new trial was formally entered after the
hearing was held Monday with Judge Lovett and District Judge J. S.
Callicutt hearing the motions.
Sureties on the bond of $5,000 were Robert Witherspoon and Mrs. Jane
Robinson.
Notes:
COURTHOUSE NEWS.
Court Proceedings.
AUSTIN, June 12.—(AP)—Proceeding today in the court of criminal
appeals;
Submitted on brief and oral argument---J. E. Elig from Anderson; J.
W. Howell from Randall; Jim Garrison from Navarro.
Notes:
COURTHOUSE NEWS.
District Court.
The Court of Criminal Appeals, Austin, Wednesday reversed and
remanded the case of Jim Garrison from Navarro county according to
copies of the opinion of the court received Thursday by District
Judge J. S. Callicutt and attorneys. The verdict was reversed and
remanded, according to the opinion, for the arguments of state's
attorney (John R. Curington) and also for the exhibiting of the
bloody shirt of Aude Washburn for whose death Garrison was tried.
The opinion also said the trial court (Norris Lovett) erred in not
charging the jury that the jury was the sole judges of the facts
proven, credibility of witnesses and weight given of testimony.
Garrison was convicted and sentenced to 10 years in the penitentiary
early this year on murder indictment in connection with the fatal
shooting of Aude Washburn at Garrison's home, near Wildcat Ferry,
southeast Navarro county, Dec. 24, 1924.
Mays and Mays were defense attorneys and appealed the case after a
motion for a new trial was denied by Judge Lovett.
Notes:
Courthouse News.
District Court.
A special venire of 50 prospective jurors for service in three
murder trials has been selected for Thursday. The venire is in the
cases of Hampton Kerr, negro, charged with murder; Jim Garrison,
indicted for murder in connection with the fatal shooting of Aube
Washburn in the Southeastern section of Navarro county, December 24,
1934, and the case of Albert Meritt, indicted for murder in
connection with the death several weeks ago of Elmer Kitchens, state
highway maintenance department employee, after having been struck by
a truck on Highway 14 between Richland and Currie.
Notes:
Courthouse News.
District Court.
All witnesses in the cases of Jim Garrison and Clifton Dunnings,
charged by indictments for murder, set for trial Wednesday were
excused until further notified Thursday morning by District Judge
Wayne R. Howell as the case of Ben Widener, murder went to trial
Thursday morning.
Notes:
Courthouse News.
District Court.
The case of the State of Texas vs. Jim Garrison, charged with
murder, was postponed Monday morning until Monday afternoon at 1:30
o’clock by Judge Wayne R. Howell, when a motion for a continuance
was presented, due to the illness of the defendant.
Garrison was indicted in connection with the fatal shooting of Aude
Washburn, near Wildcat Ferry Dec. 24, 1934. He was tried and
convicted here and assessed a term of ten years in the penitentiary
but the case was reversed and remanded by the court of criminal
appeals.
Notes:
Courthouse News.
District Court.
District Judge Wayne R. Howell Monday afternoon granted a defense
motion for a continuance in the case of Jim Garrison after Dr. S. H.
Burnett, county health officer, testified he was physically unable
to stand trial.
Notes:
Courthouse News.
District Court.
Special venires of 50
perspective jurors were being summoned Tuesday
for Dec. 13 for the cases of Ruf Tickle and Jim Garrison both murder
charges.
Notes:
Courthouse news.
District court.
Trial of Jim Garrison got under way in the Thirteenth judicial
district court Monday morning. He is under indictment for murder in
connection with the fatal shooting of Aude Washburn, near Wildcat
Ferry, Dec. 24, 1934. At a previous trial Garrison was found guilty
and was assessed 10 years in the penitentiary. The verdict, however,
was reversed and remanded on appeal by the Court of Criminal
Appeals, Austin.
The state is being represented by Cleo G. Miller, criminal district
attorney, and J. C. Jacobs assistant. The defendant is being
represented by Mays and Mays. Attorneys said the defendant would
plea not guilty when arraigned. A special venire of 36 men in
addition to the regular jury panel was summoned in the case.
Selection of a jury was in progress at the noon recess.
Notes:
Courthouse News.
District Court.
The trial of Jim Garrison on murder indictment was in progress in
the district court Tuesday. He is being tried in the connection with
the fatal shooting of Aude Washburn, near Wildcat Ferry, Dec. 24,
1934. The defendant entered a plea of not guilty when arraigned on
the indictment Monday afternoon.
Garrison was convicted and given ten years on a previous trial but
the verdict was set aside when the Court of Criminal Appeals
reversed and remanded the case.
The jury trying the case is composed of T. H. Bowden, Rice; W. S.
Harlan, Richland; Rush Green, Rice; J. H. Magness, Wortham; J. R.
Garner, Chatfield; J. R. Shipman, Purdon; F. F. Blair, Chatfield;
Will M. Burns, Purdon; H. D. Fall, Dawson; Frnak Seeley, Emhouse;
Jim B. Collin, Emhouse; S. H. Allen, Emhouse.
The defense and state exercised 10 challenges each while five were
excused for cause.
C. P. Ray of Austin, formerly an undertaker at Kerens, was the only
witness used Monday afternoon after the jury was completed.
Witnesses testifying Tuesday morning were Bert Washburn, brother of
the deceased; Mrs. White West, Andrews, Texas, formerly of Rural
Shade.
The prosecution is being handled by Cleo G. Miller, criminal
district attorney, and J. C. Jacobs, assistant, Mays and Mays are
representing Garrison.
Notes:
Courthouse News.
District Court.
Jim Garrison took the stand in his trial on murder indictment in the
district court Wednesday. He is being tried in connection with the
fatal shooting of Aude Washburn, near Wildcat Ferry, Dec. 24, 1934.
Garrison testified he and Washburn were the best of friends and had
never had any trouble.
With reference to the fatal shooting of Washburn, Garrison said
Washburn had left his house, according to his memory, and he
(Garrison) saw a masked man, armed with a knife advancing on him.
Garrison said he believed at the time the man was a person with whom
he had experienced previous trouble. He fired one time with a
shotgun. The defendant said he didn’t know he had slain Washburn
until the next day after he was in the county jail.
Indications were tat evidence will be completed some time Wednesday
afternoon.
The state rested Tuesday afternoon.
The defense is relying on temporary insanity, caused by excessive
use of alcohol over a long period of time.
The prosecution is being conducted by Cleo G. Miller and J. C.
Jacobs, criminal district attorney and assistant, respectively. The
defense is being conducted by Mays & Mays.
Notes:
Complete Testimony In Garrison Trial
District Judge Wayne R. Howell Wednesday afternoon was to prepare
his charge to the jury in the trial of Jim Garrison, charged with
murder in connection with the fatal shooting of Aude Washburn, Dec.
24, 1934.
Testimony was completed Wednesday noon, with the exception of that
to be given by two physicians Thursday morning. As soon as the
charge is prepared and the two physicians testify, arguments of the
attorneys will get under way, Cleo G. Miller, criminal district
attorney, stated Wednesday afternoon.
Notes:
Courthouse News.
District Court.
The charge of District Judge Wayne R. Howell was in the hands of
attorneys in the trial of Jim Garrison Thursday morning and
arguments were scheduled to complete during the day.
The case will probably reach the jury late Thursday.
Garrison is being tried in connection with the fatal shooting of
Aude Washburn, near Wildcat Ferry, Dec. 24, 1934. He took the stand
on his own behalf Wednesday and testified he shot what he believed
to be a masked robber, armed with a knife, and did not know until
the following day he had killed Washburn.
The defendant received a 10-year sentence on a former trial but the
case was reversed and remanded by the Court of Criminal Appeals.
Cleo G. Miller and J. C. Jacobs criminal district attorney and
assistant, respectively, conducted the prosecution, while Garrison
is represented by Mays and Mays.
Notes:
Courthouse News.
District Court.
The jury in the case of Jim Garrison, murder, returned a verdict of
not guilty to District Judge Wayne R. Howell Friday morning after
deliberating since Thursday afternoon.
Garrison was tried in connection with the fatal shooting of Aude
Washburn near Wildcat Ferry, Dec. 24, 1934. He plead not guilty when
arraigned.
On a previous trial, a verdict of guilty was returned and his
punishment was assessed at 10 years in the penitentiary, but the
court of criminal appeals reversed and remanded the verdict.
Notes:
---
James William “Jim” Garrison
Aug 4, 1871 - Nov 13, 1954
AGED MAN IS 15TH TRAFFIC VICTIM HERE
Jim Garrison, 83, Route 5, Corsicana, died in the Navarro Clinic
Saturday night a few hours after he was struck by an automobile at
the intersection of East First avenue and Highway 75.
His death is the fifteenth highway traffic fatality in Navarro
county this year.
Funeral services were held Sunday at 3:30 p.m. from the Griffin
Funeral Chapel. Burial was in the Rice cemetery.
The rites were conducted by Rev. J. C. Coffey, Jr., pastor of the
First Baptist Church Mission in East Corsicana.
City Police Robinson, who investigated the mishap, said the car
figuring in the accident was driven by H. M. Marshall, negro, Route
5, Corsicana. Marshall's wife was a passenger in the car at the time
of the accident. Officer Bill Onstott also investigated.
A Corley ambulance carried Garrison to the clinic.
Surviving are his wife, Mrs. Mandy Garrison, Corsicana, and a number
of nieces and nephews.
Nephews were pallbearers.
Notes:
Minnie
L. (Smith) Young
Nov 24, 1872 - May 31, 1952
Mrs. Minnie Young Dies At Corpus
KERENS, June 2, --Mrs. Minnie Young, 79, long-time resident of
Kerens, died in a Corpus Christi hospital Saturday afternoon after a
short illness.
Mrs. Young had resided in Kerens most of her life, and was a member
of and active in the First Presbyterian Church here.
Funeral services were held Monday at 2:30 p.m. from the First
Presbyterian Church in Kerens, with Rev. R. C. Linder officiating.
Burial was in the cemetery at Ferris.
Surviving are two daughters, Mrs. Robert Campbell of Kerens and Mrs.
R. M. Reeves of Corpus Christi; two grandchildren and other
relatives.
Pallbearers were Frank Weeden, James Red, Blair Phillips, Fred
Jennings, John Weeden and J. M. Dunaho.
Notes:
-
The Corsicana Daily Sun
- Monday, June 2, 1952
- the death certificate says buried in Kerens, Tx. but she
died in Corpus Christi so that just may have been where she was
shipped to because the obit says she is buried in Ferris—Barnett
E. Young could have been her husband. He was born in Ferris,
Ellis Co., Texas about 1870 –Her daughter Jennie Barnett (Young)
Campbell is buried in Kerens Cemetery.
- d/o Minnie (unk) Smith w/o Barnett E. Young married May
16, 1900
- Submitted by Diane Richards
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