USA > West Virginia > Summers County > History of Summers County from the earliest settlement to the present time > Part 80
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Great interest was taken in the trial, the court house being crowded to its capacity, on account, especially, of the youth of the accused, who did not seem to appreciate the enormity of the of- fense. The jury was out a short time, and brought in a verdict of murder in the second degree, and she was sentenced to confine- ment in the Industrial School for Girls at Salem, West Virginia, until she became twenty-one years of age, or was otherwise re- leased according to law. Her mother, who was indicted as an ac- cessory, was never tried, the State being unable to connect her with the crime, although circumstances pointed strongly towards her, and she was indicted, but afterwards a nol pros. was entered on motion of the attorney for the State.
John W. Wiseman, Esq., the jailer, later married the mother, and they are living happily together.
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HISTORY OF SUMMERS COUNTY, WEST VIRGINIA.
THE KILLING OF RILEY ARMSTRONG.
On the morning of the 23d day of May, 1891, E. Brown Pack, a descendant of Samuel Pack, walked into my office, very much excited, and said he desired to give himself up. On asking him what was the trouble, he replied that he had shot Riley Armstrong. and reckoned he had killed him, and that he did the shooting in self-defense. He was placed in custody.
Pack at the time was working a force of men at the reservoir built on the hill by the Hinton Water Works Company. Arm- strong was the town sergeant, and while a fearless man and con- sidered a good officer, was feared by violators of the law. He was a dangerous man in anger, or when under the influence of liquor. which he had not drunk for sime time.
Pack was going to his work at the reservoir, and was passing, as usual, the house of Armstrong, who lived in the hollow below Third Street, upon the side of the hill, on the lot now owned by Geo. O. Quesenberry, and at the time Pack came along was milk- ing his cow, early in the morning, about eight o'clock. There seemed to have been some existing feeling between them, words having been passed. Pack, who was of an excitable disposition. drew his revolver and shot Armstrong through the stomach, and he lived only a few days. Before his death he made a dying state- ment in the presence of Dr. S. P. Peck and the prosecuting at- torney.
Pack was refused bail, indicted for murder, and after a very vigorous prosecution by Jas. H. Miller, the prosecuting attorney, and Hon. W. W. Adams, assistant, and being ably defended by Hons. Wm. R. Thompson and Frank Lively, the jury brought in a verdict of guilty of murder in the second degree, and a sentence of five years' confinement in the penitentiary was imposed by Judge A. N. Campbell. Self-defense was interposed. It was claimed in defense that Armstrong was preparing to attack Pack, and to pre- vent himself from great bodily harm or death, the wound was in- flicted. Pack was a one-handed man, having lost one hand at the wrist by accidentally shooting himself. He was raised at the mouth of Greenbrier River, and was a son of Richard Pack, de- ceased, and at one time owned a one-half interest in the ferry and nineteen acres of land, now owned by Miller Bros. Pack was afterwards pardoned by the Governor. The time was on Septem- ber 12, 1891. The jury were R. P. Boyd, W. K. Eades, E. B. Neeley, J. D. Roles. H. M. Hill, R. A. Wood, S. S. Long. W. G. Barger, J. F. Huffman, P. M. Foster, J. J. Vest and M. M. Hall.
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HISTORY OF SUMMERS COUNTY, WEST VIRGINIA.
THE SHOOTING OF L. V. REYNOLDS.
Luther V. Reynolds was elected and qualified as constable of Greenbrier District, and took office. On the 20th day of July, 1889, the streets crowded with people-pleasure-seek- ers-Mr. Reynolds undertook to arrest a negro by the name of John Carter, not a resident of Hinton, but from the min- ing district of New River, on a telegram from some point W'est, for some infraction of the law. The negro, without a word, drew his pistol and shot Mr. Reynolds through the stomach, the ball lodging in the extreme back. The negro undertook to escape, but was lodged in the jail of this county. Talk of lynching began, and the prosecuting attorney, Jas. H. Miller, and the sheriff, Mr. O. T. Kessler, to prevent a crime, slipped the negro out of the jail, hav- ing arranged with the railroad authorities to stop No. 14, the east- bound passenger train, under the cliff at the jail at two o'clock P. M. They carried the prisoner down over the cliffs onto the train, and that evening lodged him in the jail at Lewisburg for safe- keeping ; and all danger of lynching was believed to have been avoided.
On the second night afterwards, however, a party called out the sheriff of Greenbrier County, James Knight, demanded the keys of him by threats of violence, secured them, entered the jail, took possession of the accused, and silently and without noise con- veyed him up the Ronceverte road about three-fourths of a mile, placed a rope around his neck, threw it over the lower limb of a large white oak tree, hardly high enough from the ground to pre- vent his feet from touching the earth, and there he remained until dead. The Summers County authorities were notified, and the sheriff and prosecuting attorney immediately went to Lewisburg, and a coroner's inquest was held. On their return by way of Ronceverte, one of the lynchers, who had imbibed freely of whisky, disclosed the entire proceedings to the prosecuting attorney. After- wards he appeared before the grand jury for Greenbrier County, and the members of the mob were indicted. In the meantime, however, they had all fled to foreign jurisdictions, and none of them was ever apprehended or legally punished for this crime. The man, whose name was White, who disclosed the facts of the lynching, fled to Virginia, and was there killed by a railroad train.
The party who did the lynching was composed of persons from Hinton and Ronceverte, and were about equally divided. This, with the lynching in the Diffenbaugh case, are the only trans-
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HISTORY OF SUMMERS COUNTY, WEST VIRGINIA.
gressions of this character for which this county is in any way chargeable, and it is earnestly hoped that there may never again be occasion for reflection on the good name and fame of our county by reason of the people undertaking to take the law into their own hands. All of the officers, without exception, have been vigilant in the prosecution of crime and in a swift and sure meting out of justice, and the delays charged to the law have not had an abiding place in this county.
` Mr. Reynolds, the wounded man, who at the time was thought to have been mortally wounded, and no hope of his recovery was entertained by any one, did miraculously entirely recover, and is still living in this city at this time, with prospects of a long life before him.
This is an example of the great mistake by a resort to mob law. The would-be slayer in this instance was killed, and his intended victim is yet alive. It is doubtful if justice or the law would have justified a jury in finding the accused guilty of murder in the first degree, if Mr. Reynolds wounds had proven fatal, or the infliction of the death penalty would have been demanded, as there would have been some question raised as to his authority to execute an arrest of the negro without other authority than a telegram from some one without the jurisdiction of the county.
The law should always be permitted to take its course, al- though at times the aggravation is great at the time excited im- aginary justice demands other than the legal mode of its execution.
THE LOUIS BENNETT CASE.
Louis Bennett was a poor farmer. residing on the branch of Pipestem Creek above the old Hughes Mill. He had, unfortu- nately, gotten into some entanglements with a young woman named Warren, and one morning before breakfast she was shot in Mr. Bennett's house, while the family was at their meal. It was claimed to be a case of suicide.
The prosecuting attorney was notified and investigations made, and the circumstances being of a suspicious character, an inquest was held. Bennett was arrested and lodged in jail on a charge of murder, and an indictment preferred. The trial was had about 190 -. The accused was ably defended by Hon. Frank Lively and W. R. Thompson, with their usual ability and energy, and prosecuted by Jas. H. Miller, prosecuting attorney, and W. W. Adams. The jury was out but a short time, when they
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HISTORY OF SUMMERS COUNTY, WEST VIRGINIA.
returned a verdict of not guilty. There was no one present at the time of the shooting except the prisoner and his family. He had several small children, too young to be competent witnesses; so the only witnesses that were on the scene, or near it at the time, were the defendant and his wife, although there were a number of other witnesses in the case as to various circumstances. Only these two testified as to the facts of the killing, and it was proven by them that the deceased complained of being unwell on the morning of her death, didn't get up for breakfast, and. while the family was in the other building, a gunshot was heard, and on going into the room, they found the young woman on the bed with the top of her head shot off. It was claimed in defense that she had taken down the gun-a long mountain rifle of the ac- cused-from the rack over the door, laid down on the bed and fired the same herself, she having threatened on different occasions to take her own life.
THE CASE OF JAKE COLEMAN.
Jake Coleman was a negro, who resided in Hinton for a num- ber of years, having served a term in the penitentiary for burglary. and was known as a morphine fiend. It was alleged that he had procured and administered morphine to a young man by the name of Wickline, of Hinton, from the effects of which he never recov- ered. The negro was arrested. and evidences of a lynching began to develop. The authorities at once gathered up Coleman and car- ried him to Union, in Monroe County, fourteen miles from the rail- road, where he was detained for several months at his own request, as he was afraid to return to Hinton. There not being sufficient evidence to make a case against him, he was afterwards discharged. and has never been heard from since that day, twenty years ago. or shown himself in our midst.
THE LYNCHING OF WM. LEE.
On the 10th day of May, 1900. Mrs. Deifenbach, a tele- graph operator, and the wife of Engineer Deifenbach, a loco- motive engineer, was at work in a temporary office of the Chesa- peake & Ohio Railway, near Sandstone, where the railroad com- pany was arranging to lay a double track and operating a con- struction force. About dusk a negro man by the name of Wm. Lee appeared at her office and attempted to assault Mrs. Deifen-
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HISTORY OF SUMMERS COUNTY, WEST VIRGINIA.
bach, in which attempt he failed. The matter was reported, and the negro arrested and placed in jail. The people became greatly excited, and in the afternoon were seen in knots on the street cor- ners. Judge J. M. McWhorter was holding circuit court at the time. That night a large crowd silently collected, but without a disposition at secrecy, in the jail yard. Shots were fired. The lynchers were disguised with cloths tied over their faces, and con- siderable drinking had been indulged in. Bottles were found on the ground, and on their trail up the hollow to the place of hang- ing.
Entrance was secured by force to the jail. At the time W. R. Neeley was jailer, and Jas. H. George was sheriff. Possession of the negro was secured, and he was brought out into the jail-yard. a rope placed around his neck, and it is claimed by some that he was shot then, and possibly a mortal wound inflicted. In the mean- time, and before the prisoner was secured, the judge and assistant prosecuting attorney. T. N. Read, appeared on the ground and made speeches to the crowd, pleading with them to disperse and permit the law to take its course, promising that a special grand jury should be convened the next day and a speedy trial had dur- ing the pending session of the court. but their appeals counted for naught. The crowd had met for a fixed purpose, from which it could not be turned. It was most thoroughly organized, and worked like machinery. After securing the prisoner it marched out Cliff Street to the top of the hill, where Dwight James now re- sides, then towards and by the old graveyard to the head of Pos- sum Hollow, turning from the right to the road leading to the Hilltop Cemetery, and going some distance above the last house in the edge of the woods, threw a rope over the limb of a tree, and left him hanging there until the next day, when he was cut down by the coroner. An inquest was held. and the body was buried in the paupers' graveyard, at the expense of the county.
A number of citizens not connected with the affair saw the en- tire transaction at a distance, who were in no wise concerned ex- cept as spectators, but were entirely powerless to stay the arm of violence and lawlessness. The names of none of the perpetrators have ever been learned to this day. Many of the citizens ap- proached the crowd, but were commanded to stand back. This is the only lynching that ever occurred in the county, and it is earn- estly hoped that it will be the last, as there has never been occa- sion for resorting to lynch law in the county, if ever excusable any- where.
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HISTORY OF SUMMERS COUNTY, WEST VIRGINIA.
This judgment and execution by Judge Lynch occurred on the 11th day of May, 1900, and is the only execution of this character ever carried to a conclusion in the county.
THE CHAPMAN FARLEY TRIAL.
On the first day of July, 1889, Chapman Farley, who lived on top of the New River hills, near Pack's Ferry, in Pipestem Dis- trict, shot Win. Barton through the body, and very dangerously wounded him, on the west side of New River, just a quarter of a mile above the old Pack's Ferry, or Landcraft Ferry, which is near the present residence of Rev. W. F. Hank, Barton at that time living on the place where Mr. Hank now resides.
Farley had been in the habit of visiting the home of Barton in the absence of the latter, of which he secured information. On the day he was shot Farley visted Barton's residence, and was leaving to return to his home across New River, and met Mr. Barton at his skiff landing. An altercation ensued, which resulted in the shoot- ing of Barton by Farley. The wound was supposed to be fatal at the time, but Barton finally recovered. Farley was indicted for malicious assault, and the trial came on to be heard at the May term, 1890, of the circuit court, Judge Campbell presiding.
After a hard-fought legal battle, the jury returned a verdict of guilty of unlawful but not malicious wounding, upon which the Judge sentenced Farley to confinement in the jail of Summers County for the period of six months, and imposed a fine of five hundred dollars and costs. Farley afterwards, by petition to the Governor, secured a remission of the fine, and he received a part of the jail sentence off.
Farley was defended by Messrs. Frank Lively and W. R. Thompson. The State was represented by Prosecuting Attorney Miller and W. W. Adams, and it was one of the most interesting and closely-fought legal battles of the county. Mr. Farley was prominent in affairs, and made an earnest fight for vindication. He still resides in the county, and is considered a peaceable and quiet citizen, respecting the law. His inability to control his mis- guided passions led him into the unfortunate trouble. The jury was composed of Henry Crawford, Allen Meadows, W. R. Neeley. V. W. Cooper, A. P. Bonham, T. M. Gwinn, J. L. Davis, J. L. Dun- can, J. A. Bragg, W. W. Withrow. A. H. Via and C. S. Rollyson.
825
HISTORY OF SUMMERS COUNTY, WEST VIRGINIA.
THE BRAD MEDLIN CASE.
Brad Medlin was a bright mulatto, who resided on the opposite side of New River, directly across from the court house of this county, with his parents, just above the mouth of Madam's Creek. On the 22d day of July, 1905, without provocation, he shot and killed Bob Muse with a shotgun. At the time of the shooting he was under the influence of strong drink. The wife of Muse (who were colored people) was going to the body of her dead husband, when she was shot at by Medlin, but not wounded. Medlin then secured a horse and started for foreign parts, going up New River, and, arriving at James W. Pack's, at the mouth of Leatherwood Creek, about two miles above Hinton, he overtook two young men, named Ed. Bradberry and Luther Pack. Medlin demanded their money at the muzzle of his gun, and upon telling him they had no money, he disputed their word: told Pack that his father had plenty of money, and to go in and get it. Pack parleyed with him, and went in the house and secured a shotgun and came to the win- dow. Medlin fired into the house and Pack fired out at Medlin, fill- ing him full of buckshot and knocking him instantly from his horse. The gun leing loaded with small shot, the wounds were not dan- g rous, but sufficient to disable him temporarily. He was then ar- rested and placed in jail, where he soon recovered from his wounds, and at the October term of the circuit court following, he was in- dicted for the murder of Muse, and also for an attempt at murder, which was a felony. the maximum punishment being five years' confinement in the penitentiary. He was put on trial at the same term of court, and the State had concluded its evidence, making a strong case of murder. The attorneys then proposed to the attor- neys for the State to allow a verdict of murder in the second de- gree to be entered, which was agreed to, and the jury entered the following verdict: "We, the jury, find the defendant, Brad Medlin, guilty of murder in the second degree, as charged in the within in- dictment. (Signed) A. M. Austin, Foreman."
Medlin then confessed to the indictment for the attempt, the second offense, whereupon a sentence was imposed of eighteen years, the maximum punishment under the law for murder in the second degree, a sentence of five years, which was given him in the other case, making a cumulative sentence of twenty-three years, and Medlin is now serving that time in the State penitentiary.
He was defended by Col. T. G. Mann and Hon. M. F. Matheney, and prosecuted by Messrs. Dunlap & Read, James H. Miller pre-
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HISTORY OF SUMMERS COUNTY, WEST VIRGINIA.
siding as judge at the trial. Immediately after the crimes there was strong talk of lynching Medlin, but cooler heads and better counsel obtained, and the law was permitted to take its proper course.
THE JOSEPH NEELY CASE.
Joe Neely and Alva Lilly were first cousins residing near the mouth of Little Bluestone River, in Jumping Branch District. Neely was about twenty-four years of age, the son of E. B. Neely, Esq., and the grandson of Levi M. Neely. Sr. Lilly was about thirty years of age. and the son of John H. Lilly, and also the grandson of Levi MI. Neely, Sr. They were boys raised together in the same community, Lilly being a farmer and Neely a merchant. On the 28th day of July, 1905. both of these young men were in the city of Hinton. Neely peddling produce, and started home late in the afternoon. Lilly was drinking and riding horseback ; Neely in charge of a wagon load of merchandise, accompanied by his brother, a youth of twenty-one years. When Neely had reached the point near the mouth of Big Bluestone River, going up the west side of New River, it being very dark, but having a lantern, he was overtaken by Lilly, who was in a very bad humor, and began abusing and cursing the Neelys, threatening them bodily harm. The young men had on former occasions some hot words, and were not on the best of terms. After some words, Lilly having called Neely vile names, he caught Neely by the coat and shook him. Neely drew his revolver and shot Lilly, killing him instantly, shooting three times, two of the shots taking effect. Neely at once gave himself up to Jonathan Lee Barker, a notary, who lived in the neighborhood, waived examination and gave bond to answer an indictment.
A coroner's inquest was held and Neely was held to answer to the grand jury for indictment on the charge of murder, but was admitted to bail by the justice. C. L. Parker, in the penalty of $2,000.00. At the October Term of the circuit court he was in- dicted for murder, and on his motion a continuance was granted on account of the absence of witnesses, a colored woman, Geo. Pack's wife. He was granted bail in the penalty of $10,000.00. bond being increased. Col. Thomas G. Mann and Hon. C. W. Osenton of the Fayette Bar, were retained to defend the accused; attorneys for the State, R. F. Dunlap, T. N. Read and Hon. A. A. Lilly, of the Beckley Bar, John H. Lilly, the father of the deceased, having em- ployed him to assist in the prosecution. The trial came on at the
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HISTORY OF SUMMERS COUNTY, WEST VIRGINIA.
January Term, 1906, January 10th. Twenty-two witnesses were examined for the State and forty-four were examined for the de- fense. The evidence was all concluded by five o'clock on the 11th, and the arguments began at seven p. m., four hours being allotted to each side. The argument for the State was opened by R. F. Dunlap, who occupied three-quarters of an hour. He was followed by T. G. Mann for the defense in an argument of three-quarters of an hour. The argument for the defense was closed by C. W. Osenton in an hour, and A. A. Lilly closed for the State in one hour and a quarter. The jury was sent to their room at eleven o'clock, but did not undertake to reach an agreement, and were adjourned until the next morning, the 12th. They were out about half an hour, and returned a verdict of not guilty, the jury being unanimous for acquittal on the first ballot. Captain C. R. Price was the foreman. Hon. A. A. Lilly, who aided in the prosecution, is a second cousin of the Neelys and the same relation to Lilly, the deceased. The jury was composed of Joseph W. Ryan, C. R. Price, C. C. Coulter, Mathew Daniel, R. Porter Boyd, Thomas Shoemaker. Tom Wiseman, C. D. Albert, J. W. Coiner, Hugh Boon, Pete Dono- hoe and Hugh Boon. Great interest was manifested at the trial, the court house being crowded to its fullest capacity.
MURDER OF HUNTER AND OTHERS.
During the construction of the Big Bend Tunnel a colored man by the name of Johnson killed Booker Hunter, clerk for the con- tractor, .W. R. Johnson. Hunter had been at Menifee's camp and was returning at the east end of the tunnel when he was attacked by Johnson, killed and thrown out of the county road into the cut. The murder was committed for the $240.00 which Hunter carried. The negro went to spending money, was apprehended, confined in the jail at Union, tried, convicted and hung. This was about the time of the formation of Summers and before any courts were held in the county. Another murder was committed about the same time, during the construction of this tunnel, by a man by the name of Hess, who killed Rhodes in a fight. Hess was followed to Goshen, Virginia, by Sira W. Willy, captured, returned to the county and convicted of manslaughter. The first man buried in Hinton was the Irish peddler by the name of Richards, who was killed by Jim Ashby. The peddler was buried in the woods above the street leading from the railroad crossing up the hill to the new school building. Jim Ashby was captured by S. W. Willy, placed
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HISTORY OF SUMMERS COUNTY, WEST VIRGINIA.
in jail at Union, escaped therefrom and was never recaptured. He was brought to the inquest held over the peddler, which lasted two days. The manner of the arrest of Ashby was an exhibition of the fearlessness of S. W. Willy in his younger days. Ashby was a dangerous man, was working in getting out stone for railroad con- struction above Hinton. The peddler came along, and he said he would not work that day, and he came along with the peddler ; they stopped at Jim Calloway's. The peddler left his pack at that place and went on down the railroad track to get his watch re- paired. Ashby accompanied him and returned by himself. The peddler was never again seen alive, and his body was not found until the following Thursday. Squire Henry Milburn held the in- quest, summoned a coroner's jury from the county, there not being enough men then at Hinton to make up a jury ; the jury was sum- moned by Mr. Willy. The body of the peddler was found near the old graveyard, badly decomposed. Ashby went to spending money, paid Joe Hinton $20.00, not having any before the disappearance of the peddler. The peddler was killed by being knocked in the head, his skull crushed and jaw bone broken. Mr. Willy took up the ease, followed Ashby to his boarding house, slept in the same room with him, and it was during the night, while Ashby was crawling from his bed to Willy's, that he made the arrest, after his escape from the jail in Monroe County. Mr. Willy got on his trail. followed him for many miles, but was never able to make his arrest the second time. This arrest by Mr. Willy showed him to be a man of great and fearless nerve.
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