USA > Tennessee > Sevier County > The White-caps : a history of the organization in Sevier County > Part 3
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THE WHITE-CAPS.
and as the crimes of the organization became more fre- quent and more heinous in their character, more and more withdrew their active influence, and White-cap- ping by degrees drifted into the hands of "toughs" and those known to be vicious and lawless.
When it reached this stage its promulgators began to study new work for it to do, and new fields to ex- plore.
They had entered into people's houses masked and in disguise, whipped them and beat them with many stripes for the offence of adultery and similar misde- meanors, and had not been identified nor punished. Now these same would be moral reformers, reasoned to themselves in this wise: If we can enter a house and whip the inmates and not be detected nor punished in the courts for it, then why not enter in like manner for any other purpose and successfully defeat prosecutions?
This method of reasoning was plausible ; so they con- cluded that they could use the White-cap guise as a shield for any offense they felt disposed to commit. Therefore when one of the gang had a private difficulty with a neighbor or other party, he would summon his White-cap colleagues and report to them what he wanted. The result was, the supposed offender was overpowered by masked men and dragged from his home in the dead hours of night and severely beaten, at the instance of a coward who dared not meet him face to face. In this way private grievances were avenged by the White-caps.
This part of the work was seen to be a success because undetected and they felt encouraged to take another step in the field of conquest.
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THE WHITE-CAPS.
Such of them as had made up their mind to take a full degree in the catalogue of crimes, now organized special bands, consisting of the most desperate element of the White-caps, and went into stealing, robbing and murdering and in fact all sorts of crime.
They generally selected as their victims pensioners, old widow women and old men who were generally known to keep money about their premises, and who were helpless to defend themselvs. Many of the most outrageous robberies were in this way committed in Sevier county.
Private houses were entered by force, and old de- crepid men and women were forced at the muzzle of a shot-gun or pistol todiscover and deliver up tothe cruel intruders all their money and other valuables. After thus pilfering a home and forcing from their unfortu- nate victims the earnings of a life time, these bandits would as silently steal away, divide thefr ill-gotten gains, and return to their homes undetected and un- known to any one except themselves and their gang.
Among those who have been the victims of this mer- ciless gang of White-cap robbers, we have been fur- nished with only a few names, among which are old man Andrew Henderson from whom they took about two thousand dollars in gold; Mr. John Burnett, a pensioner ; a Mrs. McMahan from whom they forced about one thousand dollars. A widow lady by the name of Fox also lost what she had at the hands of one of these midnight mobs.
In these robbing expeditions it is said only a small number, generally from four to six men were along
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THE WHITE-CAPS.
This was for two reasons : First, the fewer the num- ber the more of the booty to each; secondly, the fewer the number the less the liability of detection. Besides a half dozen men were all that were necessary to over-awe and rob an old decrepid man, or a helpless woman. It don't take brave men to do such deeds as these, but base cowards.
Jesse James and his noted band of outlaws were rob- bers, but it was done upon a high plane ; it was a high order of robbery if you will allow the expression. They did it with such boldness and dispatch that one could not read of their daring adventures without some degree of admiration for their very bravery. They were never known to commit a robbery at night but rather chose broad daylight to display their skill at acquiring ill-gotten wealth. They never attacked an old defenseless man or a lone woman in daylight or dark and branded any man as a coward who would do so. So far from invading the home of an old defense- less man or woman in night time and after terrifying them with guns and threats, carry off their earnings, the James gang rather preferred to dash into the city of Omaha at high noon and rob a bank of its hundreds of thousands of dollars while the whole city looked on, or march into the fair grounds in Kansas City and carry off the gate money while a half a million eyes gazed in wonder and astonishment, if not admiration at their reckless daring.
While there may be something in the history of the James gang worthy of admiration, there is certainly" nothing connected with White-capping but what is loathed. and despised by every brave and honest man ..
JUDGE T. A. R. NELSON.
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THE WHITE-CAPS.
It grew from bad to worse till in its latter days it de- generated into highway robbery and murder. Men were killed for opinion's sake ; prices were placed upon the heads of persons who were witnesses and happened to know something of White-cap depredations, and they were summarily put out of the way by the assas- sin's bullet.
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Chief among these were William and Laura Whaley, whose tragic death is told in another place in this book, and for which Pleas Wynn and Catlett Tipton have been indicted and convicted, and Robert Catlett and Robert Wade stand indicted as accessories before the fact.
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CHAPTER VIII.
A REFUGE FOR CRIMINALS OF ALL CLASSES.
There is one other feature of the White-cap organi- zation that we have not yet referred to. It is something which evidently was not contemplated in its early his- tory, but taken on in its days of degeneracy.
The White-cap organization was not only an or- ganization of crime and wickedness in high places from its birth to its death, and did everything in its power, even to the commission of perjury to protect its mem- bers from the penitentiary and the hangman's noose, but it served as a veritable "City of Refuge" for every man who had committed a grave crime against the law, whether he belonged to the order or not. If he did not belong, as soon as his hands were stained with blood or crime, he fled without delay to the secret haunts of this diabolical order, where without delay he was made a member in due form. All the qualifi- cations needed to recommend him to the order were that he had a record of crime and the more heinous the crime the better it suited his Satanic majesty, the chief of the White-caps. When once within the fold of the order, he is entitled to all its privileges and bene- fits. He would therefore be able to make bond and secure the best of counsel for his defense. His new rela- tion also meant that he was to have the full benefit and assistance of the "expert" witnesses and jurors as well as the manipulations and influence of the entire order so far as they could render it. This was generally equivalent to a guaranty of acquittal.
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THE WHITE-CAPS.
The White-cap organization was thus worth more to a criminal in his struggles in the courts than the best law firm that could be procured, but when the two con- bined their skill and tactics they erected a wall of de- fense that was impregnable and one the State could never batter down. In this manner the red-handed murderer and the thief and the robber, for a number of years went unpunished in Sevier county while the good citizens were terrorized by midnight marauders, who little feared the officers of the law.
CHAPTER IX.
DECAY AND DISINTEGRATION.
From the very nature of things and the principle on which the White-cap organization was established it could not live long. And judging it by its fruits which is the moral and scriptural test, the only wonder is that it existed half as long as it did among a civilized and Christian people, such as live in Sevier county. But it had its day and run its race, and is now a thing of the past. It left in its track bleeding hearts and widows and orphans ; the bitter fruit of an ignoble existance.
The origin, growth and progress of the White-cap organization as well as its connection with courts and criminals, have been briefly mentioned in the previous chapters. We now come to the most delightful part of our task and that is the disappearance of White-caps, or at least, White-capping, and the disintegration of the organization in Sevier county.
The murder of Wm. Whaley and wife, Laura Wha- ley, was the culmination of White-capping in the county. Murders and all kind of outrages had been committed prior to that time ; but none were so brutal and inhuman as this one.
The people had tolerated and in effect excused the whipping of men and women, robbery, the murder of men in their houses, in the woods and along the public highways, but when it come to going to the humble little cottage home of a poor, but unoffending citizen of the county, breaking in on him, dragging him from
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his sick bed, and shooting his brains out in the pres- ence of his wife, without even giving him an excuse for it, and then turning upon his wife, a new born babe in her arms, begging for mercy, where no mercy is to be found, her brains shot out and she falls beside her hus- band never to speak again; the life blood of the two, husband wife, father and mother slowly ebbing away as the wicked and heartless assassins steal into the dark- ness and make their escape: we say, when it came to this, it was too much for the people to bear. It was be- yond toleration. They broke forth, as it were, in their fury, and were aroused as men seldom are. Every good citizen swore in his heart to assist in avenging the murder of the Whaleys and putting an end to the in- famous White-cap practices in Sevier county.
This was the beginning of the end. People no longer felt over-awed by the intimidation of those bold ban- dits which had so long held sway by closing the mouths of men and controlling the public pulse, but they spoke out boldly in no uncertain terms.
When the five hundred people who visited the scene of the murder, viewed the remains of William and Laura Whaley as they lay prostrate upon the floor of their cabin home in their night apparel and in pools of blood, and heard the piteous cries of the little babe that in so short a time had been rendered parent- less and homeless, the smouldering fires that had slum- bered in their breasts so long now broke forth like vol- canoes and with such fury that it astounded the White- caps themselves. Men, who heretofore had not dared express their sentiments,now spoke them freely and the talk became epidemic. Correct public sentiment
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began to reassert itself and in a short time a wave was started that has not yet stopped. "
The officers of the law are also indignant and are encouraged to take a bold stand against the red-handed murderers.
Attorneys are employed to assist in prosecutions, offi- cers constitute themselves detectives, rewards are of- fered by the county by the state and by individuals. All suspicious persons and especially White-caps are watched in their every movement and a general plan of warfare, which meant a fight to the finish was set on foot against the iniquitous White-capping.
All of this, and more, was done within a few weeks after the Whaleys were killed in the tragic manner above pointed out. So bold a stand taken by the offi- cers and the people, seemed to non-pluss the White- caps and especially the more timid of them. Only the boldest would openly show signs of counter warfare.
Public sentiment was now right, and the good and law-abiding people were determined to beat no retreat.
But to succeed in stamping out White-capping and especially in punishing those charged with crime, the people felt that they must have the full protection and hearty co-operation of the courts. Heretofore the White-caps had shown themselves masters of the situa- tion in almost every case up to this time, where an at- tempt had been made to punish any one charged with White-capping.
It was felt that something must be done to exclude White-caps from sitting on juries, both grand and petit, for as long as this could be done there was but little hope of successful prosecutions.
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THE WHITE-CAPS.
The Tennessee legislature met on the first Monday of January, 1897, only a few days after the Whaley mur- der was committed, and continued its session some three or four months. It was therefore in session dur- ing the exciting weeks and months that followed the murder of the Whaleys and the general upheaval and reaction against the practice of White-capping in Se- vier county. Counsel was sought from every friend of law and order, and the conclusion was reached that the good people who were so heroically struggling for su- premacy against lawlessness, should have some addi- tional legislation to aid them in their efforts. This was soon accomplished through friends of the movement who went to Nashville and presented the matter in per- son to members of the legislature and others who at once espoused the cause of the people with a zeal that knew no limit short of success.
The result was that in a short time a bill was pre- pared, known as the anti-White-cap bill, introduced in both houses and became a law by the governor's signa- ture on the 24th day of March, 1898.
In as much as the masses of the people are not fur- nished directly with the published acts of the state, and for this reason many not having read the law in ques- tion, we deem it not out of place to here quote the first, second and third sections of this law, which reads as follows :
"Section 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall be a felony, pun- ishable by from three to twenty-one years imprison- inent in the penitentiary and by full judgment of in- famy and disqualification, for two or more persons to
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THE WHITE-CAPS.
enter into any conspiracy or combination, or to remain in any conspiracy or combination under any name or upon any pretext whatsoever, to take human life, or to engage in any act reasonably calculating to cause the loss of life, whether generally or of a class or classes, or of any individual or individuals, or to inflict corporal punishment or injury whether generally or upon a class or classes, or upon an individual or individuals ; or to burn or otherwise destroy property or to feloniously take the same whether generally of a class or classes or of an indivdiual or individuals."
"Section 2. Be it further enacted, That it shall be a felony punished in like manner as the offense described in the first section of this act for any person either di- rectly or indirectly to procure or' encourage any one to become or remain a member of any such unlawful conspiracy or combination as is described in the first section of this act ; or for any person either directly or indirectly to aid, abet or encourage any person, to en- gage or remain in such conspiracies or combination or to aid or abet in the accomplishment of any purpose or end of such conspiracies or combinations.
"Section 3. Be it further enacted, That no person who has been guilty of any offense described in the two pre- ceding sections of this act, shall be competent to sit or serve on any grand or traverse jury, and it shall be the duty of the court to carefully exclude all such persons from the juries, both grand and petit; and when he shall be informed or shall have reason to suspect any person presented as a juror, guilty of any of said of- fences, he shall call witnesses, if necessary and examine fully into the truth of the charge; he shall dismiss from the grand jury any person who has been selected and
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afterwards shown to be implicated in any of said of- fenses."
These are the principal sections of the acts and show its purpose and scope.
The fourth section gives the grand jury inquisitorial powers, and makes it the duty of the judges to give it specially in charge.
It will thus be seen that the evil against which the above law was directed especially, was regarded by the legislature as one of serious consequences to the people of that section where it existed, from the very fact that the law which was to up-root it was most radical in its provisions and scope ; so much so indeed that many of its friends feared that it might be, by the courts, de- clared unconstitutional.
While the word "White-cap" is not mentioned in the act, yet the terms conspiracies, unlawful combinations, etc., fully cover the case and are general terms which will include all parties of this class whether they belong to an organization known as "White-caps" or "Grave Yard Hosts" or some other name of similar import.
The act makes it unlawful to even belong to such an organization. This is one of the provisions of the law which made the White-caps tremble in their boots, be- ing conscious of the fact that they were not only mem- bers of such an order, but that it was well known in a general way that they did belong to it.
But possibly the most effective provision of the law was the third section which disqualifies White-caps from sitting on juries, and, if by chance they should be selected, gives the judge the power to discharge them.
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It is said that this provision of the law worked . like a charm in most cases. For when any person who was either a White-cap or accused of being one, was named by the county court to serve as a regular juror he was either too sick to attend court, and sent in his excuse, or sent a proxy in his stead ; thereby avoiding the risk of having his White-cap record inquired into by the court. So the mere existence of the law upon the statute books and the declared purpose on the part of the law-abiding people to enforce it to the very let- ter, did much to drive this lawless element from the county and juries where they had hitherto been so ef- fective in shielding the criminal classes. The friends and promoters of this beneficent measure now felt that half the battle was won, and that all they had to do to achieve ultimate success over White-capism, and for- ever drive from the courts of the county an organiza- tion that for a time had rendered ineffective all law, was to demand of the Judge and Attorney-General that the law be strictly enforced, and no quarter whatever should be given to those who sought to set it at naught.
For some reason, real or apparent, for on this point the writer does not speak advisedly, not being in a po- sition tó know, the people who had undertaken the task of putting down this lawless element had lost confi- dence in a large measure, in Judge Hicks, who was then holding the Circuit Courts of Sevier county and had been for a number of years. Most people gave him the credit of being an honest and conscientious man, but they claimed that he did not have the firmness and the moral courage to stand up in the face of these ene- mies of the people, who had so long infested his courts with such disastrous results, and administer the law
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THE WHITE-CAPS.
with that firmness and vigor absolutely necessary at this particular crisis.
Public sentiment was now all right, and the law- abiding people were much encouraged. They had just succeeded in having a law enacted, the very thoughts of which and especially its enforcement, struck terror into the hearts of their enemies, and it was felt that an- other and a firmer judge than Judge Hicks, was in- dispensably necessary to deal with the White-caps and administer the law in Sevier county. So it was decided that the Second Judicial Circuit, presided over by Judge W. R. Hicks, should be so changed as to take Sevier county from said circuit and add it to the Crimi- nal District of Knox county presided over by Judge Thomas A. R. Nelson.
The State legislature, which had already been en- listed in behalf of the good citizens of the section af- flicted with White-caps, was now again appealed to for the change in the Judicial circuits as above indicated. Accordingly a bill was enacted, into a law, which de- tached the Circuit Court of Sevier county from the Sec- ond Judicial District and transferred and attached it to the Criminal District of Knox county, which imposed upon Judge Nelson the duty of holding the Circuit Courts of Sevier county.
CHAPTER X.
" A DANIEL COME TO JUDGMENT."
The White-caps must have thought the change a bad one for them, for it is said every one of them bitterly opposed it, while some of the bolder ones made light of the fact that Judge Nelson should go to Sevier coun- ty for the purpose of punishing White-caps. Judge Nelson held his first court in Sevierville in July, 1897, an event which for weeks prior to this time, had been looked forward to with extraordinary interest. All sorts of stories had been circulated as to what kind of a inan the new Judge was, and what the real purpose and scope of his mission would be. Some. thought all he had to do, was to hunt out the White-caps and send them to the penitentiary or hang them, without a trial by jury or the benefit of clergy; while others thought he would not have the nerve and the courage to go into a White-cap community and hold courts where all kind of threats had gone forth against courts, lawyers, offi- cers and all who dared to speak out against White-cap outrages.
But the time for holding the July court came and with it came Judge Nelson and Attorney-General E. Fred. Mynatt, and when court was called on that July morning it is said that the little town of Sevierville was never so thronged with people ; all anxious to see the new Judge and new Attorney-General.
The new court house was packed as long as one could get into it. Everybody wanted to hear the
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Judge's charge and know what he had to say, and whether he would say anything about White-caps.
On this subject everybody's curiosity, if it may be called that, was satisfied. After giving the grand jury a very strong and vigorous charge on the usual statu- tory offences, he then drew a copy of the new White- cap law from his pocket (as it had not yet been pub- lished in the Acts) and in a cool and deliberate manner, he stated the scope and purpose of the law and the causes which had brought it about.
It is said by those who had the good fortune to hear it, that lie delivered one of the ablest and most eloquent charges on this subject that they ever heard fall from the lips of any judge. He did not mince words nor seek evasions, but went straight to the core of the sub- ject in hand. Every word struck terror to the very hearts of the White-caps who were present, and when he had finished there was a feeling of relief in the mind of every law-abiding citizen in the house. The anti- White-cap cause had been strengthened a hundred per cent., and nobody felt that there would be a failure on the judge's part to administer the law without fear, fa- vor or affection.
It was now felt that complete victory was within the power of the people through the medium of the, courts, and that violators of the law whether White-caps or not, would suffer the penalties of the law.
At this term lat few White-caps reported as jurors although several were on the lists and most of those who did report disqualified. A few, however, found their way into the jury box and when that fact was brought to the attention of the court he summarily de-
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posed them, with the declaration that if they were White-caps they had no inore right to sit on a jury than a horse thief.
Since Judge Nelson has been holding the courts at Sevierville it has been as easy to convict White-caps as any one else, and some of the most noted cases known to the bar of Tennessee have been tried in this court, among which may be mentioned the cases of the State against Pleas Wynn and Catlett Tipton, charged with the murder of William and Laura Whaley, which has already been referred to. Everybody feels now, that White-capping is a thing of the past in Sevier county, and no further outbreak is feared. Several causes as above stated conspired to bring about this happy state of affairs where only a short time ago lawlessness pre- vailed and 110 man felt that he or his property was pro- tected by the strong arm of the law.
We cannot close this chapter without making per- sonal mention of a few of the persons among the many that the people of Sevier county owe a debt of gratitude to, for the important part they took in restoring peace and safety to that rich and prosperous county. And first among the list is Tom H. Davis, the present sheriff of Sevier county.
He led the crusade against White-capping from the start. He boldly denounced them in public and pri- vate and encouraged the people to do the same thing. He as a deputy sheriff hunted down men charged with murder and landed them in jail ; he offered rewards for criminals from his own private means and persuaded others to do the same thing ; he went to Nashville at his own expense and stayed several weeks, securing the
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